Regulation 29 Amendment of Regulation (EC) No 1370/2007 of the European Parliament and of the CouncilI1

Regulation (EC) No 1370/2007^f1 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70 is amended as follows.

For paragraph 3 of Article 1 (purpose and scope) substitute—

“3

This Regulation shall not apply to “concession contracts” as defined by section 8(1) of the Procurement Act 2023.”.

For paragraph 1 of Article 5 (award of public service contracts), substitute—

“1

Subject to paragraph 1A, public service contracts shall be awarded in accordance with the rules laid down in this Regulation.

1A

In respect of a contract to which paragraph 1B applies—

(a)

the contract shall be awarded in accordance with the Procurement Act 2023; and

(b)

paragraphs 2 to 6 of this Article do not apply.

1B

This paragraph applies to a contract—

(a)

for public passenger transport services by bus or tram to which the Procurement Act 2023 applies; and

(b)

which is not a concession contract as defined by section 8 of that Act.”.

For paragraph 1 of Article 8 (transition), substitute—

“1

Subject to paragraph 1A, public service contracts shall be awarded in accordance with the rules laid down in this Regulation.

1A

In respect of a contract to which paragraph 1B applies—

(a)

the contract shall be awarded in accordance with the Procurement Act 2023; and

(b)

paragraphs 2 to 6 of this Article do not apply.

1B

This paragraph applies to a contract—

(a)

for public passenger transport services by bus or tram to which the Procurement Act 2023 applies; and

(b)

which is not a concession contract as defined by section 8 of that Act.”.