Section 3: Other concession contracts

The following concession contracts are subject to the rules set out in Title II :

1° Services relating to the acquisition or rental, by whatever financial means, of land, existing buildings or other immovable property, or relating to other rights over such property;

2° Services relating to research and development for which the purchaser does not acquire exclusive ownership of the results or does not fully finance the service;

3° Services relating to arbitration and other alternative dispute resolution methods;

4° Financial services relating to the issue, purchase, sale or transfer of securities or other financial instruments defined in Article L. 211-1 of the Monetary and Financial Code, to services provided by central banks or to operations carried out with the European Financial Stability Facility or the European Stability Mechanism;

5° Loan agreements, whether or not they relate to the issue, sale, purchase or transfer of transferable securities or other financial instruments referred to in 4°;

6° When concluded with a non-profit organisation or association:

a) Concession contracts for fire and rescue services ;

b) Concession contracts for civil protection services;

c) Concession contracts for nuclear safety services;

d) Ambulance service concession contracts, with the exception of those whose sole purpose is patient transport;

7° The following legal services:

a) Services of certification and authentication of documents which must be provided by notaries ;

b) Services provided by administrators, guardians or service providers appointed by a court or by law to perform specific tasks under the supervision of a court;

c) Services connected, even occasionally, with the exercise of public authority;

d) Legal services of legal representation of a client by a lawyer in court proceedings, before public authorities or international institutions or in alternative dispute resolution;

e) Legal consultation services provided by a lawyer in preparation for any of the proceedings referred to in d) of this 7° or where there are tangible indications and a strong probability that the matter to which the consultation relates will be the subject of such proceedings;

8° Services which :

a) either relate to broadcasting times or the supply of programmes when they are awarded to publishers of audiovisual communication services or broadcasting organisations ;

b) or have as their object the purchase, development, production or co-production of programmes intended for broadcast and awarded by publishers of audiovisual communication services or radio broadcasters.

For the purposes of this 8°, the notion of programme includes programme material to the exclusion of technical material;

9° Lottery exploitation services awarded to an economic operator on the basis of an exclusive right.

The provisions establishing such an exclusive right shall be published in the Official Journal of the European Union;

10° Air transport services based on the granting of an operating licence within the meaning of Article L. 6412-2 of the Transport Code;

11° Services relating to passenger transport by rail, mentioned in Chapter I of Title II of Book I of Part Two of the Transport Code, covered by Article 5, paragraph 3 of Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road, as amended.