3.
In the application of paragraph 2, no account shall be taken of public service contracts awarded in accordance with Community and national law: before 26 July 2000 on the basis of a fair competitive tendering procedure; before 26 July 2000 on the basis of a procedure other than a fair competitive tendering procedure; as from 26 July 2000 and before 3 December 2009 on the basis of a fair competitive tendering procedure; as from 26 July 2000 and before 3 December 2009 on the basis of a procedure other than a fair competitive tendering procedure. The contracts referred to in (a) may continue until they expire. The contracts referred to in (b) and (c) may continue until they expire, but for no longer than 30 years. The contracts referred to in (d) may continue until they expire, provided they are of limited duration comparable to the durations specified in Article 4. Public service contracts may continue until they expire where their termination would entail undue legal or economic consequences and provided that the Commission has given its approval.
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Source: EUR-Lex (Cellar) · retrieved 2026-11-03 · Text as adopted (Official Journal); later amendments are not incorporated in this text.