Article 192. Review of the concession contract.

1. Upon the occurrence of extraordinary and unforeseeable events, including changes in the relevant legislation or regulation, provided that they are not attributable to the concessionaire, which significantly affect the economic-financial balance of the operation, the concessionaire may request a review of the contract to the extent strictly necessary to bring it back to the balance and risk transfer levels agreed upon at the time of conclusion of the contract. The alteration of the economic and financial balance due to events other than those referred to in the first period and falling within the risks allocated to the private party are borne by the same. 2. During the review pursuant to paragraph 1, it is not permitted to agree changes that alter the nature of the concession, or substantial changes which, if they had been contained in the initial concession award procedure, would have allowed the admission of candidates other than those initially selected or the acceptance of an offer different from the one initially accepted , or they would have attracted additional participants in the concession award procedure. 3. In cases of works of state interest or financed with a contribution paid by the State for which the expression of the CIPESS is not already foreseen, the revision is subject to the prior evaluation of the Department for the planning and coordination of economic policy (DIPE ) of the Presidency of the Council of Ministers, having consulted the consultancy unit for the implementation of the guidelines for the regulation of public utility services (NARS), which issues an opinion in consultation with the Ministry of Economy and Finance - Department of State General Accounting Office. 4. In case of failure to reach an agreement on the rebalancing of the economic-financial plan, the parties may withdraw from the contract. In this case, the concessionaire will be reimbursed the amounts referred to in article 190, paragraph 4, letters a) and b), excluding the charges deriving from the early termination of the contracts to cover the risk of interest rate fluctuation. EFFECTIVE: July 1, 2023