Article 182. Announcement.

1. Concession entities that intend to award a concession shall make this intention known by means of a concession notice. 2. The concession notice contains the information indicated in Annex IV.1 and, where appropriate, any other information deemed useful by the the granting body, also according to the format of the uniform models prepared by the sector regulatory authority. Upon first application of the code, Annex IV.1 is repealed from the date of entry into force of a corresponding regulation adopted pursuant to Article 17, paragraph 3, of Law no. of 23 August 1988. 400, with decree of the Minister of Infrastructure and Transport, which replaces it entirely also as an annex to the code. 3. The granting bodies: a) specify in the concession contract that the public goods or goods for public use possibly assigned to the concessionaire for the management of the service they cannot be used to carry out economic activities that are not expressly the subject of the assignment procedure; b) they may provide that, for the execution of a portion of the ancillary services entrusted with the same tender procedure, the concessionaire makes use of third-party economic operators. 4. The notice indicates the technical and functional requirements that define the characteristics required for the works or services covered by the concession. 5. The notices and related attachments, included therein, as appropriate , the contract scheme and the economic-financial plan are defined in such a way as to ensure adequate levels of bankability, meaning the availability on the financial market of resources proportionate to needs, the sustainability of these sources and the appropriate profitability of the invested capital. The tenders may also require that the offers be accompanied by expressions of interest from the financing institution. 6. The granting bodies that intend to award a concession for social services and other specific services listed in Annex IV to Directive 2014/23/EU of European Parliament and of the Council, of 26 February 2014, announce their intention to award the envisaged concession through the publication of a prior information notice. These notices contain the information referred to in Annex VI to Directive 2014/23/EU. 7. Notwithstanding paragraph 1, granting entities are not required to publish a concession notice when the works or services can only be provided by a specific economic operator for one of the following reasons: a) the object of the concession is the creation or acquisition of a work of art or a unique artistic representation; b) the absence of competition for technical reasons ; c) the existence of an exclusive right; d) the protection of intellectual property rights and exclusive rights other than those defined in Article 5, point 10, of Directive 2014/23/EU. 8. The exceptions referred to in paragraph 7, letters b), c) and d), apply only if no reasonable alternatives exist and the absence of competition is not the result of an artificial limitation of the parameters for awarding the concession. 9. The granting body is not required to publish a new concession notice if no offer or no appropriate offer has been submitted or no application or no appropriate application has been filed in response to a previous concession procedure, provided that the initial conditions of the concession contract are not substantially modified; in this case a report must be submitted to the sector regulatory authority. 10. An offer is considered inappropriate if it has no relevance to the concession and is therefore manifestly inadequate, unless substantial modifications are made, to meet the needs and to the requirements of the granting body specified in the tender documents. 11. The tenders, pre-information notices and award notices relating to concessions for amounts equal to or greater than the thresholds of European relevance are drawn up by the granting bodies and sent to the Publications Office of the European Union in the manner provided for in Article 84. The concession award notices contain the information referred to in Annex VII to Directive 2014/23/EU or, in relation to the concessions referred to in paragraph 6 of this Article, the information referred to in Annex VIII to the same Directive. 12. With regard to the publication at national level of tenders, prior information notices and award notices, Article 85 shall apply. EFFECTIVE FROM : July 1, 2023