(1) This Part shall not apply to the award of public contracts by sector contracting entities for the purpose of conducting a sector activity if these contracts have the following subject matter:
1. legal services within the meaning of Section 116(1) no 1,
2. research and development services within the meaning of Section 116(1) no 2,
3. broadcasting time or programme provision if these contracts are awarded to audiovisual or radio media service providers;
4. financial services within the meaning of Section 116(1) no 4,
5. loans within the meaning of Section 116(1) no 5,
6. services within the meaning of Section 116(1) no 6, if these contracts are awarded on the basis of an exclusive right,
7. the procurement of water in relation to the supply of drinking water,
8. the procurement of energy or fuels for the production of energy in relation to the supply of energy or
9. the resale or lease to third parties, provided that
a) the sector contracting entity has no special or exclusive right to sell or lease the subject of such contracts and
b) other undertakings are free to sell or lease the subject matter of the contract under the same conditions as the relevant sector contracting entity.
(2) Nor shall this Part apply to the award of public contracts and the organisation of design contests that have the following subject matter:
1. supplies, works and services as well as the organisation of design contests by sector contracting entities under Section 100(1) no 2, if they serve purposes other than for a sector activity, or
2. the carrying out of sector activities outside the territory of the European Union, where the contract is awarded in a way that does not involve the actual use of a network or facility within the European Union.