S.L. 601.5 ст. 45Mixed procurement covering the same activity and involving defence or security aspects. S.L. 601.07 S.L. 601.07 S.L. 601.07 S.L. 601.07

(1) In the case of mixed contracts covering the same activity which have as their subject-matter procurement covered by these regulations and procurement covered by Article 346 of the

TFEU or by the regulations governing Public Procurement of

Contracting Authorities or Entities in the fields of Defence and

Security Regulations, this regulation shall apply.

(2) Where the different parts of a given contract are objectively separable, contracting entities may choose to award separate contracts for the separate parts or to award a single contract.

(3) Where contracting entities choose to award separate contracts for separate parts, the decision of which legal regime applies to any one of such separate contracts shall be taken on the basis of the characteristics of the separate part concerned.

(4) Where contracting entities choose to award a single contract, the following criteria shall apply to determine the applicable legal regime:

(a) where part of a given contract is covered by Article 346 of the TFEU, the contract may be awarded without applying these regulations, provided that the award of a single contract is justified for objective reasons;

(b) where part of a given contract is covered by Public

Procurement of Contracting Authorities or Entities in the fields of Defence and Security Regulations, the contract may be awarded in accordance with those regulations, provided that the award of a single contract is justified for objective reasons: Provided that the application of this paragraph shall be without prejudice to the thresholds and exclusions for which the regulations identified above provide for.

(5) The decision to award a single contract shall not, however, be taken for the purpose of excluding contracts from the application of either these regulations or the Public Procurement of Contracting Authorities or Entities in the fields of Defence and Security Regulations.

(6) The provisions of sub-regulation (4)(a) shall apply to mixed contracts to which both paragraphs (a) and (b) of sub-regulation (4) could otherwise apply.

(7) Where the different parts of a given contract are objectively not separable, where the contract includes elements to which Article 346 of the TFEU applies, it may be awarded without applying these regulations; otherwise it may be awarded in accordance with the Public Procurement of Contracting Authorities or Entities in the fields of Defence and Security Regulations.