S.L. 601.9 Art. 34Contracts covering both activities referred to in Schedule 2 and other activities. S.L. 601.07 S.L. 601.03 S.L. 601.05 S.L. 601.03 S.L. 601.03 S.L. 601.05

(1) By way of derogation from regulations 20 to 26, in the case of contracts intended to cover several activities, contracting entities may choose to award separate contracts for the purposes of each separate activity or to award a single contract. Where contracting entities choose to award a separate contract, the decision of which rules apply to any one of such separate contracts shall be taken on the basis of the characteristics of the separate activity concerned.

(2) Notwithstanding the provisions of regulations 26 to 32, where contracting entities choose to award a single contract, sub-regulations (4) and (5) shall apply. However, where one of the activities concerned is covered by Article 346 of the TFEU or the Public Procurement of Contracting Authorities or Entities in the fields of Defence and Security Regulations, regulation 35 of these regulations shall apply.

(3) The choice between awarding a single contract or awarding a number of separate contracts shall not be made with the objective of excluding the contract or contracts from the scope of these regulations or, where applicable, from the scope of the Public Procurement Regulations and, or the Public Procurement of Entities operating in the Water, Energy, Transport and Postal Services Sectors Regulations.

(4) A contract which is intended to cover several activities shall be subject to the rules applicable to the activity for which it is principally intended.

(5) In the case of contracts for which it is objectively impossible to determine for which activity the contract is principally intended, the applicable rules shall be determined in accordance with the following:

(a) the concession shall be awarded in accordance with the provisions of the regulations applicable to concessions awarded by contracting authorities if one of the activities for which the contract is intended is subject to the provisions of the regulations applicable to concessions awarded by contracting authorities and the other is subject to the provisions of the regulations applicable to concessions awarded by contracting entities;

(b) the contract shall be awarded in accordance with Public Procurement Regulations, if one of the activities for which the contract is intended is subject to these regulations and the other to Public Procurement Regulations;

(c) the contract shall be awarded in accordance with these regulations, if one of the activities for which the contract is intended is subject to these regulations and the other is not subject to either this regulation, the Public Procurement Regulations, or the Public

Procurement of Entities operating in Water, Energy, Transport and Postal Services Sectors Regulations.