Subject matter and application of these RegulationsS
7.—(1) These Regulations establish rules on procurement for the award of a concession contract by a contracting entity—
(a)the value of which is estimated to be not less than the threshold mentioned in regulation 8 (thresholds and methods for calculating the estimated value of the concession contract); and
(b)which is not excluded from the scope of these Regulations by any other provision of this Part.
[F1(2) These Regulations—
(a)do not oblige the United Kingdom to supply information the disclosure of which it considers contrary to the essential interests of its security,
(b)do not preclude the United Kingdom from taking such measures as it considers necessary for the protection of the essential interests of its security which are connected with the production of or trade in arms, munitions and war material, provided that such measures do not adversely affect the conditions of competition regarding products which are not intended for specifically military purposes.
(3) The arms, munitions and war material to which paragraph (2)(b) applies are those included in the 1958 List.
(4) Any measures which, if they had been taken immediately before IP completion day, would have been covered by Article 346 of TFEU shall be regarded as measures covered by paragraph (2)(b).
(5) In this regulation, “the 1958 List” means the list of arms, munitions and war material adopted by the Council of the European Economic Community in its Decision 255/58 of 15 April 1958 as that list is to be treated for the purpose of the Concession Contracts Regulations 2016F2.]
Textual Amendments
F1Reg. 7(2)-(5) substituted for reg. 7(2) (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 8(4) (with sch. paras. 1-5)
Commencement Information