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 4 Specific situations

Article 33Contracts subject to special arrangements

1.

Without prejudice to Article 34 of this Directive the Republicof Austriaand the Federal Republic of Germany shall ensure, by way of the conditions of authorisation or other appropriate measures, that any entity operating in the sectors mentioned in Commission Decision35 2002/205/EC and Commission Decision 2004/73/EC36:

(a)

observes the principles of non-discrimination and competitive procurement in respect of the award of supplies, works and service contracts, in particular as regards the information which the entity makes available to economic operators concerning its procurement intentions;

(b)

communicates to the Commission, under the conditions defined in Commission Decision 93/327/EEC37, information relating to the contracts they award.

2.

Without prejudice to Article 34, the United Kingdom shall ensure, by way of the conditions of authorisation or other appropriate measures, that any entity operating in the sectors mentioned in Decision 97/367/EEC applies points (a) and (b) of paragraph 1 of this Article in respect of contracts awarded for the pursuit of that activity in Northern Ireland.

3.

Paragraphs 1 and 2 shall not apply to contracts awarded for the purpose of exploring for oil or gas.