The rules defined in Title II apply to concession contracts which, on the one hand, are concluded by a contracting entity with an affiliated undertaking or by a body made up exclusively of several contracting entities with a view to carrying out one or more network operator activities with an undertaking affiliated to one of these contracting entities and, on the other hand, have the following characteristics:
1° In the case of service concession contracts, where the affiliated undertaking has achieved at least 80% of its average turnover in services with the contracting entity or with other undertakings with which it is affiliated during the three years preceding the year in which the contract is awarded;
2° In the case of works concession contracts, where the affiliated undertaking has achieved at least 80% of its average works-related turnover with the contracting entity or with other undertakings with which it is affiliated during the three years preceding the year in which the contract is awarded.
Where the affiliated company was created or began operating less than three years before the year in which the concession contract was awarded, it may simply demonstrate, in particular by means of business projections, that it is likely to achieve its turnover under the conditions set out in 1° and 2° above.
When identical or comparable services or works are provided by more than one company affiliated with the contracting entity, the 80% percentage mentioned above is assessed by taking into account all of the services or works provided by these companies.