S.L. 601.3 Art. 7Non-Applicability.

(1) These regulations shall not apply to the following:

(a) public contracts and design contests which, under the Public Procurement of Entities operating in the Water,

Energy, Transport and Postal Services Sectors Regulations, 2016, are awarded or organised by contracting authorities exercising one or more of the activities referred to in regulations 8 to 14 of the said Regulations and are awarded for the pursuit of those activities;

(b) public contracts excluded from the scope of the Public

Procurement of Entities operating in the Water, Energy, Transport and Postal Services Sectors Regulations, under regulations 18, 23 and 34 thereof;

(c) public contracts awarded by a contracting authority which provides postal services within the meaning of paragraph (b) of regulation 13(2) of the Public

Procurement of Entities operating in the Water, Energy, Transport and Postal Services Sectors Regulations for the pursuit of the following activities:

(i) added value services linked to and provided entirely by electronic means including the secure transmission of coded documents by electronic means, address management services and transmission of registered electronic mail;

(ii) financial services which are covered by CPV codes 66100000-1 to 66720000-3 and by point

(d) of Article 21 of Directive 2014/25/EU and including in particular postal money orders and postal giro transfers;

(iii) philatelic services; or

(iv) logistics services (services combining physical delivery and, or warehousing with other non-postal functions);

(d) public contracts and design contests for the principal purpose of permitting the contracting authorities to provide or exploit public communications networks or to provide to the public one or more electronic communications service;

(e) public contracts and design contests which the contracting authority is obliged to award or organise in accordance with procurement procedures different from those laid down in these regulations established by any of the following:

(i) a legal instrument creating international law obligations, such as an international agreement, concluded in conformity with the Treaties, between a Member State and one or more third countries or subdivisions thereof and covering works, supplies or services intended for the joint implementation or exploitation of a project by their signatories;

(ii) an international organisation: Provided that before making use of the exclusion identified in sub-paragraph (i), a contracting authority shall communicate all legal instruments referred therein to the Commission;

(f) public contracts and design contests which the contracting authority awards or organises in accordance with procurement rules provided by an international organisation or international financing institution, where the public contracts and design contests concerned are fully financed by that organisation or institution. In the case of public contracts and design contests co-financed for the most part by an international organisation or international financing institution the parties shall agree on applicable procurement procedures;

(g) public service contracts for the acquisition or rental, by whatever financial means, of land, existing buildings or other immovable property or concerning rights thereon;

(h) public service contracts for the acquisition, development, production or co-production of programme material intended for audiovisual media services or radio media services, that are awarded by audiovisual or radio media service providers, or contracts for broadcasting time or programme provision that are awarded to audiovisual or radio media service providers;

(i) arbitration and conciliation services;

(j) legal representation of a client by a lawyer within the meaning of Article 1 of Council Directive 77/249/EEC of 22 March 1977 to facilitate the effective exercise by lawyers of freedom to provide services in:

(i) an arbitration or conciliation held in a Member State, a third country or before an international arbitration or conciliation instance;

(ii) judicial proceedings before the courts, tribunals or public authorities of a Member State or a third country or before international courts, tribunals or institutions;

(k) legal advice given in preparation of any of the proceedings referred to in paragraph (j) of this sub-regulation or where there is a tangible indication and high probability that the matter to which the advice relates will become the subject of such proceedings, provided that the advice is given by a lawyer within the meaning of Article 1 of Directive 77/249/EEC of 22 March 1977 to facilitate the effective exercise by lawyers of freedom to provide services;

(l) document certification and authentication services which must be provided by notaries;

(m) legal services provided by trustees or appointed guardians or other legal services the providers of which are designated by a court or tribunal in the Member State concerned or are designated by law to carry out specific tasks under the supervision of such tribunals or courts;

(n) other legal services which are connected, even occasionally, with the exercise of official authority;

(o) financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments within the meaning of Directive 2004/39/ EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments amending central bank services and operations conducted with the European Financial Stability Facility and the European Stability Mechanism;

(p) loans, whether or not in connection with the issue, sale, purchase or transfer of securities or other financial instruments;

(q) employment contracts;

(r) civil defence, civil protection, and danger prevention services that are provided by non-profit organisations or associations, and which are covered by CPV codes 75250000-3, 75251000-0, 75251100-1, 75251110-4, 75251120-7, 75252000-7, 75222000-8, 98113100-9 and 85143000-3 except patient transport ambulance services;

(s) public passenger transport services by rail or metro;

(t) political campaign services covered by CPV codes 79341400-0, 92111230-3 and 92111240-6, when awarded by a political party in the context of an election campaign;

(u) public service contracts awarded by a contracting authority to another contracting authority or to an association of contracting authorities on the basis of an exclusive right which they enjoy pursuant to a law, regulation or published administrative provision which is compatible with the TFEU;

(v) public service contracts for research and development services other than those public service contracts for research and development services which fall under the CPV codes 73000000-2 to 73120000-9, 73300000-5, 73420000-2 and 73430000-5 and whose benefits accrue exclusively to the contracting authority for its use in the conduct of its own affairs, on condition that the service provided is wholly remunerated by the contracting authority;

(w) public contracts falling within the scope of Public

Procurement of Contracting Authorities or Entities in the fields of Defence and Security Regulations and those contracts which are excluded pursuant to regulations 9(1), 12 and 13 of Public Procurement of Contracting Authorities or Entities in the fields of Defence and Security Regulation;

(x) public contracts and design contests not otherwise exempted under paragraph (w) to the extent that the protection of the essential security interests of Malta cannot be guaranteed by less intrusive measures, for instance by imposing requirements aimed at protecting the confidential nature of information which the contracting authority makes available in a contract award procedure as provided for in these regulations;

(y) public contracts and design contests not otherwise exempted under paragraph (w) to the extent that the application of these regulations would oblige Malta to supply information the disclosure of which it considers contrary to the essential interests of its security;

(z) the procurement and performance of a public contract or design contest that are declared to be secret or are accompanied by special security measures in accordance with the laws, regulations or administrative provisions in force in Malta, as long as the essential interests concerned cannot be guaranteed by less intrusive measures, such as those referred to in paragraphs (x) and (y);

(aa) public contracts and design contests involving defence or security aspects which the contracting authority is obliged to award or organise in accordance with procurement procedures different from those laid down in these regulations established by any of the following:

(i) an international agreement or arrangement, concluded in conformity with the Treaties, between a Member State and one or more third countries or subdivisions thereof and covering works, supplies or services intended for the joint implementation or exploitation of a project by their signatories;

(ii) an international agreement or arrangement relating to the stationing of troops and concerning the undertakings of a Member State or a third country;

(iii) an international organisation: Provided that all agreements or arrangements referred to in sub-paragraph (i) shall be communicated to the Commission, which may consult the Advisory Committee on Public Procurement;

(bb) public contracts and design contests involving defence or security aspects which the contracting authority awards in accordance with procurement rules provided by an international organisation or international financing institution, where the public contracts and design contests concerned are fully financed by this organisation or institution. In the case of public contracts and design contests co-financed for the most part by an international organisation or international financing institution the parties shall agree on applicable procurement procedures;

(cc) the organisation of the social security system;

(dd) all public procurement carried out in terms of the Emergency Procurement Regulations.

(2) For the purposes of this regulation: "audiovisual media services" shall have the same meaning as pursuant to point (a) of Article 1(1) of Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services;

"electronic communications service" shall have the meaning given to this term in Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services;

"media service providers" shall have the same meaning as pursuant to point (d) of Article 1(1) of Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services; "programme" shall have the same meaning as pursuant to point

(b) of Article 1(1) of Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services and shall also include radio programmes and radio programme materials;

"programme material" shall have the same meaning of the term "programme";

"public communications network" shall have the meaning given to this term in Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services.

(3) Contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rules shall be regulated by sub-regulation (1)(aa) and (bb).