S.L. 601.9 Art. 20Limitation on the non-applicability to affiliated undertakings and joint ventures.

(1) The provisions of regulation 19 shall apply to:

(a) service concessions provided that at least eighty per cent of the average total turnover of the affiliated undertaking over the preceding three years, taking into account all services provided by that undertaking, derives from the provision of services to the contracting entity or other undertakings with which it is affiliated;

(b) works concessions provided that at least eighty per cent of the average total turnover of the affiliated undertaking over the preceding three years taking into account all works provided by that undertaking, derives from the provision of works to the contracting entity or other undertakings with which it is affiliated.

(2) Where, because of the date on which an affiliated undertaking was created or commenced activities, the turnover is not available for the preceding three years, it shall be sufficient for that undertaking to show that the turnover referred to in sub-regulation (1)(a) or (b) is credible, in particular by means of business projections.

(3) Where more than one undertaking affiliated with the contracting entity with which they form an economic group provides the same or similar services or works, the percentages referred to in sub-regulation (1) shall be calculated taking into account the total turnover deriving respectively from the provision of services or works by those affiliated undertakings.

Joint ventures