This Part shall not apply to the award of public contracts relating to defence or security that
1. are used for the purpose of intelligence operations,
2. are awarded as part of a cooperation programme that
a) is based on research and development and
b) is conducted together with at least one other EU Member State for the development of a new product and, where applicable, the later phases of the entire or part of that product's life cycle;
upon the conclusion of such an agreement, the European Commission shall indicate the share of research and development expenditure relative to the overall costs of the programme, the cost-sharing arrangement and, if applicable, the planned share of purchases per Member State,
3. are awarded in a country outside the European Union; these contracts also include procurements for civilian purposes as part of a deployment of armed forces or of federal police or police forces of the Länder outside the territory of the European Union if the operation requires the relevant contract to be concluded with undertakings that are domiciled in the area of operation; procurements for civilian purposes means the procurement of non-military products, works or services for logistical purposes,
4. are awarded by the Federal government, the government of a Land or a local authority to another government or to a local authority of another state, and cover any of the following subject matters:
a) the supply of military equipment within the meaning of Section 104(2) or the supply of equipment awarded under a classified contract within the meaning of Section 104(3),
b) construction works and services directly connected to such equipment,
c) construction works and services specifically for military purposes, or
d) construction works and services awarded under a classified contract within the meaning of Section 104(3),
5. have financial services as their subject matter, excluding insurance services,
6. have research and development services as their subject matter, unless the results of such services become the sole property of the contracting authority for its use in the conduct of its own activities and the service is fully remunerated by the contracting authority, or
7. are subject to special procedural rules
a) arising under an international convention or international agreement concluded between one or more Member States on the one hand and one or more States that are not party to the Agreement on the European Economic Area on the other hand,
b) arising under an international convention or an international agreement in connection with a stationing of troops affecting undertakings of a Member State or a non-Member State, or
c) applicable to an international organisation if such organisation effects procurements for its own purposes or if a Member State must award public contracts based on such rules.