Annex 5

(Art. 8 para. 5, 48 para. 1 and 52 para. 5)

Public contracts outside the scope of international treaties

1. The following are deemed to be public contracts outside the scope of international treaties:
   1. procurements which are not covered by the lists of subjected goods, work and services referred to in section 1 of Annexes 1-3 or whose contract value is below the thresholds set out in Annex 4;
   2. the delegation of public tasks and the granting of concessions as described in Article 9;
   3. the procurement of weapons, ammunition, war material and, provided they are essential for defence and security purposes, other supplies of goods, construction work, services and research or development services;
   4. public contracts for international development cooperation and international cooperation with Eastern Europe, humanitarian aid and peacebuilding and human security, insofar as a procurement is not excluded from the scope of this Act.
2. The following provisions additionally apply to public contracts outside the scope of international treaties: – Article 6 paragraph 2 – Article 16 paragraphs 4 and 5 – Article 20 – Article 29 paragraph 2 – Article 42 paragraph 1 – Article 46 paragraph 4 – Article 52 paragraph 2