- 2 An indicative list of entities fulfilling the criteria set out above follows.2
b by a joint venture, formed exclusively by a number of procuring entities for the purpose of carrying out activities within the meaning of paragraphs a. to f. of this Annex, from an undertaking which is affiliated with one of these procuring entities.
II Paragraph I shall apply to services or supplies contracts provided that at least 80% of the average turnover of the affiliated undertaking with respect to services or supplies for the preceding three years derives from the provision of such services or supplies to undertakings with which it is affiliated.4
1 An entity is any undertaking which meets at least one of the following criteria:
- the public authorities, authorities of the Autonomous Republic of Crimea, local self-governance bodies or other administrators of public funds have more than 50% in the authorized capital of such an undertaking, or a majority of the votes in the supreme governing body of the undertaking, or have the right to appoint more than half of the executive or supervisory body of the undertaking;
- it is in a possession of special or exclusive rights meaning rights granted within the powers of a public authority or a local authority on the basis of any legal act and/or an act of individual actions that restrict activities in the areas specified in this Annex by one or more persons which significantly affect the ability of other people to carry out activities in these areas.
3 "affiliated undertaking" means any undertaking over which the procuring entity may exercise, directly or indirectly, a dominant influence, or which may exercise a dominant influence over the procuring entity, or which, in common with the procuring entity, is subject to the dominant influence of another undertaking by virtue of ownership, financial participation, or the rules which govern it.
4 When, because of the date on which an affiliated undertaking was created or commenced activities, the turnover is not available for the preceding three years, it will be sufficient for that undertaking to show that the turnover referred to in this paragraph is credible, in particular by means of business projections.