CHAPTER IIIU.K.Rules applicable to contracts awarded by concessionaires which are not contracting authorities
Article 63U.K.Advertising rules: threshold and exceptions
1.The Member States shall take the necessary measures to ensure that public works concessionaires which are not contracting authorities apply the advertising rules defined in Article 64 when awarding works contracts to third parties where the value of such contracts is equal to or greater than [F1EUR 5 278 000].
Advertising shall not, however, be required where a works contract satisfies the conditions listed in Article 31.
The values of contracts shall be calculated in accordance with the rules applicable to public works contracts laid down in Article 9.
2.Groups of undertakings which have been formed to obtain the concession or undertakings related to them shall not be considered third parties.
‘Related undertaking’ shall mean any undertaking over which the concessionaire can exert a dominant influence, whether directly or indirectly, or any undertaking which can exert a dominant influence on the concessionaire or which, as the concessionaire, is subject to the dominant influence of another undertaking as a result of ownership, financial participation or the rules which govern it. A dominant influence on the part of an undertaking is presumed when, directly or indirectly in relation to another undertaking, it:
(a)holds a majority of the undertaking's subscribed capital;
(b)controls a majority of the votes attached to the shares issued by the undertaking; or
(c)can appoint more than half of the undertaking's administrative, management or supervisory body.
The exhaustive list of such undertakings shall be included in the application for the concession. That list shall be brought up to date following any subsequent changes in the relationship between the undertakings.
Textual Amendments
Article 64U.K.Publication of the notice
1.Works concessionaires which are not contracting authorities and which wish to award works contracts to a third party shall make known their intention by way of a notice.
2.Notices shall contain the information referred to in Annex VII C and, where appropriate, any other information deemed useful by the works concessionaire, in accordance with the standard form adopted by the Commission in accordance with the procedure in Article 77(2).
3.The notice shall be published in accordance with Article 36(2) to (8).
4.Article 37 on the voluntary publication of notices shall also apply.
Article 65U.K.Time limit for the receipt of requests to participate and receipt of tenders
In works contracts awarded by a works concessionaire which is not a contracting authority, the time limit for the receipt of requests to participate, fixed by the concessionaire, shall be not less than 37 days from the date on which the contract notice was dispatched and the time limit for the receipt of tenders not less than 40 days from the date on which the contract notice or the invitation to tender was dispatched.
Article 38(5), (6) and (7) shall apply.