art_2__para

1 . IN AWARDING PUBLIC SUPPLY CONTRACTS , THE CONTRACTING AUTHORITIES SHALL APPLY THEIR NATIONAL PROCEDURES , ADAPTED TO THIS DIRECTIVE . 2 . THIS DIRECTIVE SHALL NOT APPLY TO : ( A ) PUBLIC SUPPLY CONTRACTS AWARDED BY BODIES WHICH ADMINISTER TRANSPORT SERVICES ; ( B ) PUBLIC SUPPLY CONTRACTS AWARDED BY BODIES WHICH ADMINISTER PRODUCTION , DISTRIBUTION AND TRANSMISSION OR TRANSPORT SERVICES FOR WATER OR ENERGY AND TELECOMMUNICATIONS SERVICES . 3 . WHEN THE STATE , A REGIONAL OR LOCAL AUTHORITY OR ONE OF THE LEGAL PERSONS GOVERNED BY PUBLIC LAW OR CORRESPONDING BODIES SPECIFIED IN ANNEX I GRANTS TO A BODY OTHER THAN THE CONTRACTING AUTHORITY - REGARDLESS OF ITS LEGAL STATUS - SPECIAL OR EXCLUSIVE RIGHTS TO ENGAGE IN A PUBLIC SERVICE ACTIVITY , THE INSTRUMENT GRANTING THIS RIGHT SHALL STIPULATE THAT THE BODY IN QUESTION MUST OBSERVE THE PRINCIPLE OF NON-DISCRIMINATION BY NATIONALITY WHEN AWARDING PUBLIC SUPPLY CONTRACTS TO THIRD PARTIES .

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Source: EUR-Lex (Cellar) · retrieved 2026-11-10 · Text as adopted (Official Journal); later amendments are not incorporated in this text.