This Part shall not apply to the award of:
1. concessions for legal services within the meaning of Section 116(1) no 1,
2. concessions for research and development services within the meaning of Section 116(1) no 2,
3. concessions for audiovisual or radio media services within the meaning of Section 116(1) no 3,
4. concessions for financial services within the meaning of Section 116(1) no 4,
5. concessions for loans within the meaning of Section 116(1) no 5,
6. services concessions awarded to a concession grantor under Section 101(1) no 1 or Section 101(1) no 2 on the basis of an exclusive right established by an Act or ordinance,
7. services concessions that are awarded to an undertaking on the basis of an exclusive right granted to said undertaking in accordance with national and European Union law regulating market access for activities under Section 102(2) to (6); this excludes services concessions for activities for which European Union provisions impose no sector-specific transparency obligations; contracting authorities that grant an exclusive right to an undertaking within the meaning of this provision shall inform the European Commission of this within one month of granting this right,
8. concessions with the main purpose of allowing the concession grantor under Section 101(1) no 1 to provide or operate public communications networks or to provide to the public one or more electronic communications services.
9. concessions in the field of water that
a) relate to the provision or operation of fixed networks intended to provide a service to the public in connection with the collection, transport or distribution of drinking water or the supply of drinking water to such networks or
b) are related to an activity under a) and have as their subject matter one of the following:
aa) hydraulic engineering, irrigation and land drainage projects, provided that the volume of water to be used for the supply of drinking water represents more than 20 per cent of the total volume of water made available by such projects or irrigation or drainage installations, or
bb) the disposal or treatment of sewage,
10. services concessions for lottery services that are covered by the Common Procurement Vocabulary reference number 92351100-7 and that are granted to an undertaking on the basis of an exclusive right,
11. concessions awarded by grantors within the meaning of Section 101(1) no 2 and no 3 to carry out their activities in a country outside the European Union in a way that does not involve the physical use of a network or geographical territory within the European Union, or
12. concessions awarded in the field of air services on the basis of an operating licence issued within the meaning of Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (OJ L 293 of 31 October 2008, p. 3), or concessions relating to the transport of persons within the meaning of Section 1 of the Passenger Transport Act [Personenbeförderungsgesetz].