21(1)Regulation 10 (exclusions: concession contracts awarded pursuant to international rules) is amended as follows.
(2)In paragraph (1), omit sub-paragraph (b) (and the “or” preceding it).
(3)For paragraph (2) substitute—
“(2)These Regulations do not apply to procurement for the award of a relevant international concession contract in a case where the applicable procurement rules restrict the participation of economic operators in the procedure.
(2A)In the case of procurement for the award of a relevant international concession contract where the applicable procurement rules do not restrict the participation of economic operators in the procedure, the only regulation that applies to the procurement is regulation 28 (equal treatment of economic operators).”
(4)At the end insert—
“(4)In this regulation, “relevant international concession contract” means a concession contract that—
(a)the contracting entity undertakes or organises in accordance with procurement rules provided by an international organisation or international financing institution, and
(b)is fully financed, or co-financed for the most part, by that organisation or institution.”