Defence or security contracts are subject to the rules defined in Title II:
1° Presenting the characteristics mentioned in 1° of article L. 2512-1, in article L. 2512-4 and in 1° to 3° of article L. 2512-5 ;
2° Relating to financial services, with the exception of insurance services;
3° Relating to arms, munitions or war material when, within the meaning of Article 346 of the Treaty on the Functioning of the European Union, the protection of the essential security interests of the State so requires, in particular for purchases requiring extremely high confidentiality or a high speed of acquisition, for the accelerated replacement of military equipment and munitions made available to France’s partners and allies and for the acquisition of military equipment intended to rapidly learn lessons from conflicts and crises affecting the security of the European continent or that of overseas territories or when the pace of technological progress requires very rapid acquisition;
4° For which the application of this Part would require the disclosure of information contrary to the essential security interests of the State, in particular for particularly sensitive works, supplies or services requiring extremely high confidentiality, such as certain purchases intended for border protection or the fight against terrorism or organised crime, purchases linked to encryption or intended specifically for secret activities or other equally sensitive activities carried out by internal security forces or by the armed forces;
5° Concluded by virtue of the procedure specific to an international organisation and within the framework of its missions, or which must be awarded in accordance with this procedure;
6° Concluded in accordance with specific procurement rules laid down in an international agreement or administrative arrangement concluded between at least one Member State of the European Union and at least one third country;
7° Intended for intelligence activities, including counter-espionage, counter-terrorism and the fight against organised crime;
8° Concluded as part of a cooperation programme based on research and development activities carried out jointly by the State and another Member State of the European Union with a view to developing a new product and, where applicable, all or part of the subsequent phases in the life cycle of this product as defined in 3° of Article L. 1113-1. Where only persons from Member States participate in the programme, the State shall notify the European Commission, at the time the cooperation agreement or arrangement is concluded, of the share of research and development expenditure in the overall cost of the programme, the cost-sharing agreement and, where applicable, the envisaged share of purchases for each Member State as defined in the agreement or arrangement;
9° Including for civilian purchases made in a third country when forces are deployed outside the territory of the European Union and operational requirements demand that they be concluded with local economic operators established in the area of operations;
10° Placed by the State and awarded to another State or a subdivision thereof.