2.10.1 How are the Exemptions defined?

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The following table can be used by contracting authorities to define the exemptions.

Table 2-33: Defining the Exemptions to the EU rules

Exemption

Background

Telecommunications

These contracts are intended primarily to allow, contracting authorities to provide or exploit public telecommunications networks or to provide one or more telecommunications services to the public

The acquisition or rental of land, buildings or immovable property

These contracts relate to the acquisition or rental of immovable property or rights to such property. They have particular characteristics which make the application of public procurement rules inappropriate. For example, the requirement to purchase a particular piece of land near an advanced road infrastructure for the construction of a new hospital.

The acquisition, development, production or co-production of programme material for broadcasting

Contracts in the field of broadcasting should allow aspects of cultural or social significance to be taken into account which render application of procurement rules inappropriate. For example, the requirement for educational videos relating to the history of Cyprus. However, this exclusion should not apply to the supply of technical equipment necessary for the production, co-production.        

Research and Development

The encouragement of research and technological development is a means of strengthening the scientific and technological basis of Community industry, and the opening-up of public service contracts contributes to this end. This Directive should not cover the co financing of research and development programmes or contracts other than those where the benefits accrue exclusively to the contracting authority for its use in the conduct of its own affairs.

Arbitration and conciliation services

Arbitration and conciliation services are usually provided by bodies or individuals designated or selected in a manner which cannot be governed by procurement rules. For example, the requirement for an arbitrator that does not have a direct conflict of interest in the project.

Financial services in connection with the sale, purchase or transfer of securities or other financial instruments

Financial services relating to securities or other financial instruments may require a particular approach that sets them outside the normal procurement routes.

Employment contracts

Employment and occupation are key elements in guaranteeing equal opportunities for all and contribute to integration in society. In this context, sheltered workshops and sheltered employment programmes contribute efficiently towards the integration or reintegration of people with disabilities in the labour market. Such workshops/employment programmes might not be able to obtain contracts under normal conditions of competition.


© 2007 Republic of Cyprus, Treasury of the Republic, Public Procurement Directorate
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