Közbeszerzési Hatóság

10. §

Further exceptions applicable to contracting entities

10. §

1. In addition to the cases referred to in Article 9, this Act shall not apply to contracting entities in the cases referred to in Article 10-13.

2. This Act shall not apply to contracts of contracting entities concluded for purposes of resale or hire to third parties, provided that the contracting entity enjoys no special or exclusive right to sell or hire the subject-matter of such contracts and other undertakings may obtain such rights subject to the same terms and conditions as the contracting entity.

3. This Act shall not be applied by contracting entities under Article 7 to contracts which are intended for purposes other than the pursuit of a public service activity under this Act or are related to a public service activity pursued by the contracting entity in a non-EU member country, under conditions not involving the physical use of a network or geographical area within the European Union.

4. The contracting entity shall provide information to the European Commission, at its request, through the Public Procurement Authority, on the activities, as well as group of goods or activities which are specified in paragraph 2 and 3 as exceptions.