Further exceptions applicable to concessions
1, In addition to the cases referred to in Article 9, this Act shall not apply to the award of works or service concessions in the cases referred to in this Article. As regards the purchase of works or service concession by a contracting entity, the exceptions set out in Article 10-13 shall also apply.
2. In case of works or services concessions, this Act shall not apply to
- contracts which are related to an activity pursued by the contracting entity in a non-EU member country, under conditions not involving the physical use of a network or geographical area within the European Union;
- the conclusion of contracts which are related to an activity specified in Article 6(1)(a) and Article 6(2).
3. In case of services concessions, this Act shall not apply
- where a service under Article 6(1)(b)-(e) is provided by an economic operator on the basis of an exclusive right pursuant to a law or an authority’s decision which is compatible with the TFEU, with the proviso that the notice specified in a separate act of legislation shall be published concerning the conclusion of the contract, unless the relevant sectoral legislation provides otherwise;
- to the conclusion of contracts on public passenger transport services by road and by rail under the Act on Passenger Transport Services;
- to the conclusion of contracts on air transport services based on the granting of an operating licence within the meaning of Regulation (EC) No 1008/2008;
- to contracts for the organization of lottery services (lottery), which are covered by CPV code 92351100-7, concluded on the basis of an exclusive right pursuant to a law or an authority’s decision which is compatible with the TFEU.
4. The contracting authority shall notify the European Commission within thirty days, through the Public Procurement Authority, of the establishment of the special or exclusive right under Article 3(a).
5. The establishment of the special or exclusive right under Article 3(d) shall be published in the Official Journal of the European Union.