Chapter V: Defence or security concession contracts

The following defence or security concession contracts are subject to the rules defined in Title II :
1° Contracts presenting the characteristics mentioned in articles L. 3212-4, L. 3213-1 and L. 3213-2 ;
2° For which, where the protection of the essential security interests of the State cannot be guaranteed by other measures :
a) Application of this Part would require disclosure of information contrary to the essential security interests of the State;
b) The award and operation are declared secret or must be accompanied by special security measures, in accordance with the national provisions in force;
3° 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;
4° Concluded in accordance with specific procurement rules laid down in an international agreement or administrative arrangement relating to the stationing of troops or concluded between at least one Member State of the European Union and at least one third country;
5° 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, when 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 planned share of purchases for each Member State as defined in the agreement or arrangement;
6° Placed in a third country, when forces are deployed outside the territory of the European Union and operational requirements require them to be concluded with economic operators located in the area of operations;
7° Placed by the State and awarded to another State or a subdivision thereof.