Article 178. Duration of the concession.

1. The duration of the concessions is limited and is determined by the granting body based on the works or services requested from the concessionaire. 2. For concessions lasting more than five years, the maximum duration of the concession does not exceed the period of time in which it can reasonably be expected that the concessionaire recovers the investments made in the execution of the works or services, together with a return on the invested capital, taking into account the investments necessary to achieve the specific contractual objectives undertaken by the concessionaire to meet needs regarding, for example, quality or the price for users or the pursuit of high standards of environmental sustainability. 3. The investments taken into consideration for the calculation include both initial ones and those in progress of the concession. 4. The maximum duration of the concession must be indicated in the tender documents, unless it is used as a contract award criterion. 5. The duration of concession contracts cannot be extended, except for the review referred to in article 192, paragraph 1. Contracts awarded without tender referred to in article 186, paragraph 2, cannot be extended in any case. At the end of the concession, for the time strictly necessary to complete the concessionaire selection procedures, the management of the motorway sections is entrusted to the Ministry of Infrastructure and Transport which, in relation to the specificity of the motorway section, to guarantee adequate safety standards and road conditions, evaluates the most suitable model for transitional management also in relation to economic conditions. EFFECTIVE FROM: 1 July 2023

Relazione

REPORT Article 178 regulates the duration of the concession - providing that it is limited and determined by the granting body and, as a rule, non-extendable - as well as its maximum duration. In the...

Commento

NEW • The duration of the concessions is limited and is determined by the granting body based on the works or services requested from the concessionaire. • The maximum duration of the concession mus...
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