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Tender Result Brief :
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Contract awarded for Adjustment of the concession contract according to article 43 paragraph 1 of directive 2014/23/eu
lot-0000, title: adjustment of the concession contract according to art. 43 para. 1 directive 2014/23/eu, description: on january 12, 1998, a concession was established in favor of blg before the notary dr. herbert müffelmann (bremen) with the document number ur-no. 11/1998 through a leasehold contract on the premises ct iv in the overseas port of bremerhaven. the execution of this concession has been transferred to eurogate gmbh & co. kgaa, kg as an affiliated company of blg by way of usage transfer. the term of the leasehold ends on december 31, 2048. at the beginning of 2025, the leaseholder (blg) and its user (eg) approached the concession provider and requested an adjustment of the contract term. this was justified by the need for significant short-term investments in the future of the container terminal. furthermore, consent was requested for the transfer of the main leasehold from blg to the user (eg) (change of contractor). the future leaseholder intends to adapt the ntb container terminal to the current state of technology in order to enable smooth future operations of the terminal while maintaining its operational obligations. this is particularly aimed at ensuring the international competitiveness of the container terminal and climate protection. the user pointed out in confidential discussions why and how an adjustment is necessary and what consequences the lack of updating the technical possibilities would have for the location, thus for the leaseholder and ultimately for the owner. the associated and plausibly presented significant economic disadvantages and risks in the course of an unchanged continuation of the leasehold convinced the owner that an adjustment of the previous lease contract through (i) change of contractor, (ii) extension, and (iii) other contract changes is in the mutual interest. in particular, the owner understands through the detailed presentation of the user which risks arise from global technological and economic developments affecting terminal operations until the end of the current concession term on december 31, 2048, and that a reaction to these risks is necessary. these risks could not have been anticipated by either party at the time of the contract conclusion on january 12, 1998, as they arise from developments and especially the speed of progress and the emergence of modern technologies to an extent that would not have been foreseeable to a reasonable third party at the time of the contract conclusion. a significant part of these risks is the impact of the speed of further development of modern digitalization directly applied to logistics operations, which, through appropriate technology applications, enable a significant reduction in loading or transshipment processes at a terminal, as well as a significant optimization of the processing and supply of seagoing vessels. this leads to a significantly increased turnover on the same terminal area compared to maintaining previously existing technological applications. due to market mechanisms, the failure to utilize these modern possibilities represents a significant competitive disadvantage for terminal operations, which would no longer be compensable in the long term compared to modernly equipped competing terminals, e.g., in the north range. the operator will therefore invest significantly in the renewal of the terminal infrastructure and requires corresponding securities for the purpose of refinancing the measures. the security consists of an extension of the concession period beyond the calendar year 2048 (amortization). specifically, an extension until december 31, 2075, is required. the owner will not contribute any own funds to the necessary investments beyond this requested contract change or take any other steps or measures subject to state aid that would mitigate or shift the economic operational risk of the concessionaire and thus contribute to a distortion of the market. after weighing all decision options, the concession provider has therefore decided, in accordance with §§ 154, 132 para. 2 no. 3 gwb, which is based on art. 43 para. 1 lit. c) directive 2014/23/eu and taking into account recital no. 76 of directive 2014/23/eu in its decision-making, that it supports the project of the user. it has also taken into account the current case law of the ecj of april 29, 2025 (c-452/23) in its decision-making. accordingly, concessions that are confronted with rapidly changing extreme conditions that the contracting parties could not foresee at the time of signing the concession may be adjusted. it has legally adapted the existing leasehold contract of january 12, 1998, with subsequent changes to the changed circumstances - without altering the fundamental character of the concession - and plans to notarize this contract adjustment on june 30, 2026, before the notary dr. beckmann-petey, lloyfort rechtsanwaltsgesellschaft mbh & co. kg, hansator 17 in 28217 bremen. a corresponding procurement note with a more detailed presentation of its considerations is provided by the concession provider at this link https://bi-medien.de/ausschreibungsdienste/ausschreibungen/d461963129. reference is expressly made to the further in-depth content stored there. with regard to the operational and business secrets of the concessionaire, confidential content has been redacted and will not be made available to the public in the context of the presentations of the procurement note.
estimated value excluding vat: 1555000000.00 eur.Adjustment of the concession contract according to article 43 paragraph 1 of directive 2014/23/eu
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