(1) In the award of contracts relating to supplies, works or services exceeding the contract thresholds under Section 106(2) no 2, sector contracting entities that are entitled under the German Federal Mining Act to explore for or extract oil, gas, coal or other solid fuels, must observe the principles of non-discrimination and competitive procurement in the award of contracts for the exploration for or extraction of oil, gas, coal or other solid fuels. In particular, they must provide adequate information to undertakings that could be interested in such a contract and apply objective criteria in the award of the contract. Sentences 1 and 2 shall not apply to the award of contracts for the purchase of energy or fuels for the production of energy.
(2) The contracting entities under subsection (1) shall inform the European Commission via the Federal Ministry for Economic Affairs and Energy of the award of the contracts covered by this provision in accordance with Commission Decision 93/327/EEC of 13 May 1993 defining the conditions under which contracting entities exploiting geographical areas for the purpose of exploring for or extracting oil, gas, coal or other solid fuels must communicate to the Commission information relating to the contracts they award (OJ EU no. L 129, p. 25). They may be exempted from the obligation to apply this provision under the procedure stipulated by the statutory instrument issued in accordance with Section 113 sentence 2 no 8.
Subdivision 2
Award of Public Contracts Relating to Defence or Security