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PART 2 SRULES IMPLEMENTING THE PUBLIC CONTRACTS DIRECTIVE

CHAPTER 1SSCOPE AND GENERAL PRINCIPLES

SECTION 1SScope

Exclusions: UtilitiesS

7.  These Regulations do not apply to procurement for the award of a contract or to the organisation of a design contest by a contracting entity where—

(a)the contract or design contest is for the purpose of carrying out any of the activities referred to in Articles 8 to 14 of the Utilities Directive (gas and heat; electricity; water; transport services; ports and airports; postal services; extraction of oil and gas and exploration for or extraction of coal or other solid fuels);

(b)the contract or design contest is excluded from the application of the Utilities Directive—

(i)under Articles 18 (resale), 23 (water, energy or fuels) and 34 (activities directly exposed to competition); or

(ii)by reason of the value being less than the threshold provided for in Article 15,

of that Directive;

(c)the contracting entity is a contracting authority providing postal services within the meaning of paragraph (b) of Article 13(2) of the Utilities Directive as amended from time to time and the contract is for the purpose of—

(i)added value services linked to and provided entirely by electronic means (including the secure transmission of coded documents by electronic means, address management services and transmission of registered electronic mail);

(ii)financial services specified under CPV Codes 66100000-1 to 66720000-3, within the meaning of paragraph (d) of Article 21 of the Utilities Directive and including in particular postal money orders and postal giro transfers;

(iii)philatelic services; or

(iv)logistics services (services combining physical delivery, warehousing or both with other non-postal functions).