Art. 177. Award of licensed concessions

1. Except for what is provided by Article 7, private or public parties, holders of concessions for works, public services or supplies already in place on the date of entry into force of this Code, that were not awarded with the project financing formula, or by public tender procedures in accordance with European Union law, are obliged to award a share equal to eighty percent of the contracts for the works, services and supplies relating to concessions for an amount equal to or greater than 150,000 Euro and relating to concessions by public procedures, introducing social clauses and clauses for the stability of employees and to safeguard professionalism. The remainder can be realized by in-house companies as set forth in Article 5 for public parties, or by companies that are directly or indirectly controlled by or affiliated with private parties, or by operators chosen through a public procedure, including simplified procedures. For holders of highway concessions, without prejudice to the other provisions of this paragraph, the share set forth in the first clause shall be equal to sixty percent. paragraph as modified by Law No. 205/2017 in force from 01-01-2018

2. The concessions set forth in paragraph 1 already in place shall comply with the above provisions within twenty-four months from the date of the entry into force of this Code.

3. The verification of compliance with the limits set forth in paragraph 1 by the responsible parties and ANAC shall be carried out annually, in the manner indicated by ANAC in specific guidelines, to be adopted within ninety days from the date of the entry in force of this provision. Any imbalances with respect to the indicated limits must be rebalanced within the following year. In the case of unbalanced situations repeated for two consecutive years, the licensor shall apply a penalty equal to 10 percent of the overall amount of the works, services or supplies that should have been awarded by a public procedure. (paragraph as substituted by Law No. 205/2017 in force from 01-01-2018)

see Guideline ANAC no. 11: Resolution no. 614 of July 4, 2018. Published in the Italian Official Gazette, General Series no. 178 of August 2, 2018 concerning: Indications about the verification of the limit provided by the article 177, paragraph 1, of the Code for the public entities or for the private concessionaire holding a works or services concession not awarded by means of a public competitive procedure in compliance with European Union Law or on a project financing basis.