S.L. 601.9 Art. 33Mixed procurement contractsinvolving defence or security aspects. S.L. 601.07 S.L. 601.05 S.L. 601.07 S.L. 601.07 S.L. 601.07 S.L. 601.07 S.L. 601.07

(1) In the case of mixed contracts which have as their subject-matter elements of a concession covered by these regulations and procurement or other elements covered by Article

346 of the TFEU or the Public Procurement of Contracting Authorities or Entities in the fields of Defence and Security Regulations, this regulation shall apply.

(2) In the case of contracts intended to cover several activities, one of them being subject either to Schedule 4 of these regulations or to the Regulations on the Public Procurement of Entities operating in Water, Energy, Transport and Postal Services Sectors, and another being covered by Article 346 of the TFEU or the Public Procurement of Contracting Authorities or Entities in the fields of Defence and Security Regulations, the applicable provisions shall be established in accordance with, regulation 35 of these regulations and regulation 20 of the Public Procurement of Entities operating in Water, Energy, Transport and Postal Services Sectors Regulations, respectively.

(3) Where the different parts of a given contract are objectively separable, contracting authorities or contracting entities may choose to award separate contracts for the separate parts or to award a single contract.

(4) Where contracting authorities or contracting entities choose to award separate contracts for separate parts, the decision of the legal regime applicable to any one of such separate contracts shall be taken on the basis of the characteristics of the separate part concerned.

(5) Where contracting authorities or contracting entities choose to award a single contract, the following criteria shall apply to determine the applicable legal regime:

(a) where part of a given contract is covered by Article 346 of the TFEU, or different parts are covered by Article 346 of the TFEU and the Public Procurement of Contracting Authorities or Entities in the fields of Defence and Security Regulations respectively, the contract may be awarded without applying these regulations, provided that the award of a single contract is justified for objective reasons;

(b) where part of a given contract is covered by Public Procurement of Contracting Authorities or Entities in the fields of Defence and Security Regulations, the contract may be awarded in accordance with these regulations or in accordance with Public Procurement of Contracting Authorities or Entities in the fields of Defence and Security Regulations, provided that the award of a single contract is justified for objective reasons: Provided that the decision to award a single contract shall not, however, be taken for the purpose of excluding contracts from the application of either these regulations or the Public

Procurement of Contracting Authorities or Entities in the fields of Defence and Security Regulations.

(6) Where the different parts of a given contract are objectively not separable, the contract may be awarded without applying these regulations where it includes elements to which Article 346 of the TFEU applies. Otherwise the contracting authority or contracting entity may choose to award a contract in accordance with these regulations or in accordance with the Public Procurement of Contracting Authorities or Entities in the fields of Defence and Security Regulations.