This Part shall not apply to the award of concessions in the fields of defence and security
1. where the application of the provisions of this Part would oblige the concession grantor to supply information, the disclosure of which it considers contrary to the essential interests of the security of the Federal Republic of Germany, or where the award and performance of the concession are to be declared secret or must be accompanied by special security measures in accordance with the applicable laws, regulations or administrative provisions, provided that the grantor of the concession has determined that the essential interests concerned cannot be guaranteed by less intrusive measures, such as by imposing requirements aimed at protecting the confidential nature of the information made available by the concession grantors in a concession award procedure,
2. that 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,
3. that are awarded by the Federal Government to another government for construction works and services directly connected to military or sensitive equipment or for construction works and services specifically for military purposes or for sensitive construction works and services,
4. that are awarded in a country that is not a Contracting Party of the Agreement on the European Economic Area as part of the deployment of troops outside the territory of the European Union, if the deployment requires these concessions to be awarded to undertakings domiciled in the area of operation,
5. that are covered by other exception provisions in this Part,
6. that are not already excluded in accordance with nos 1 to 5, when the protection of essential interests of security of the Federal Republic of Germany cannot be guaranteed by less intrusive measures, for instance by imposing requirements aimed at protecting the confidential nature of information made available by the concession grantors in a concession award procedure or
7. that are subject to special procedural rules
a) arising under an international convention or international agreement concluded between one or more EU 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 of the European Union must award contracts based on such rules.