Chapter IV: Public contracts concluded by a contracting entity

Public contracts concluded by a contracting entity for the purchase of water are subject to the rules defined in Title II, when this entity carries out one of the activities relating to drinking water mentioned in 1° of article L. 1212-3.

The same rules apply to public contracts concluded by a contracting entity for the purchase of energy or fuels intended for the production of energy, when this entity carries out one of the activities in the energy sector mentioned in a and b of 1° and 2° of article L. 1212-3.

The same rules shall apply to public contracts concluded by a contracting entity for resale or lease to third parties, where that entity does not enjoy any special or exclusive right to sell or lease the subject of such public contracts and where other entities may freely sell or lease it under the same conditions as the contracting entity. However, this Article shall not apply where such public contracts are…

The same rules apply to public service contracts concluded by a contracting entity which relate to broadcasting time or the supply of programmes when they are awarded to publishers of audiovisual communication services or broadcasting organisations. The notion of programme includes programme material to the exclusion of technical material.

The same rules apply to public contracts concluded by a contracting entity in a Member State of the European Union or in a specific geographical area of a Member State where the European Commission has recognised that, in that State or in the geographical area concerned, this activity is carried out on competitive markets to which access is not restricted.