Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (repealed) (c. 17)

TITLE II U.K. RULES APPLICABLE TO CONTRACTS

CHAPTER II U.K. Thresholds and exclusion provisions

Section 2 U.K. Contracts and concessions and contracts subject to special arrangements

SUBSECTION 2 U.K. Exclusions applicable to all contracting entities and to all types of contract

Article 19 U.K. Contracts awarded for purposes of resale or lease to third parties

1. This Directive shall not apply to contracts awarded for purposes of resale or lease to third parties, provided that the contracting entity enjoys no special or exclusive right to sell or lease the subject of such contracts, and other entities are free to sell or lease it under the same conditions as the contracting entity.

2. The contracting entities shall notify the Commission at its request of all the categories of products or activities which they regard as excluded under paragraph 1. The Commission may periodically publish in the Official Journal of the European Union, for information purposes, lists of the categories of products and activities which it considers to be covered by this exclusion. In so doing, the Commission shall respect any sensitive commercial aspects that the contracting entities may point out when forwarding information.