Art. 18. Specific exclusions for concession contracts

1. The provisions of this Code shall not apply to:

a) concessions for air transport services based on the granting of an operating license within the meaning of Regulation EC) No 1008/2008 of the European Parliament and of the Council or to concessions for public passenger transport services within the meaning of Regulation EC) No 1370/2007.

b) concessions for lottery services, which are covered by CPV code 92351100-7, awarded to an economic operator on the basis of an exclusive right. For the purpose of this letter, the notion of exclusive right does not cover exclusive rights as referred to in Article 31), letter e), n. 2.3. The concession of such an exclusive right is subject to publication in the Official Journal of the European Union;

c) concessions awarded by contracting entities for the pursuit of their activities in a third country, in conditions not involving the physical use of a network or geographical area within the European Union.