TITLE ISCOPE, DEFINITIONS AND GENERAL PRINCIPLES

CHAPTER III Material scope

Section 2 Excluded contracts and design contests; special provisions for procurement involving defence and security aspects

Subsection 1 Exclusions applicable to all contracting entities and special exclusions for the water and energy sectors

Article 23Contracts awarded by certain contracting entities for the purchase of water and for the supply of energy or of fuels for the production of energy

This Directive shall not apply:

  1. (a)

    to contracts for the purchase of water if awarded by contracting entities engaged in one or both of the activities relating to drinking water referred to in Article 10(1);

  2. (b)

    to contracts awarded by contracting entities themselves being active in the energy sector by being engaged in an activity referred to in Article 8(1), Article 9(1) or Article 14 for the supply:

    1. (i)

      of energy;

    2. (ii)

      of fuels for the production of energy.