PART 2SCOPE AND PRINCIPLES

CHAPTER 2EXCLUSIONS

Exclusions: Concession contracts awarded on the basis of an exclusive rightI19

1

These Regulations do not apply to—

a

F1a services concession contract awarded to a contracting authority or utility referred to in regulation 5(1)(a) (meaning of “utility”) or to an association of such contracting authorities or utilities, on the basis of an exclusive right; or

b

subject to paragraph (2), a services concession contract awarded to an economic operator on the basis of an exclusive right granted F2for the exercise of an activity listed in Schedule 2.

2

If the F3exclusive right referred to in paragraph (1)(b) was not granted following the application of sector-specific transparency obligations, regulation 34 (concession contract award notice) applies.