Provided that the conditions in paragraph II are met, this Agreement does not cover procurement:
a by a procuring entity from an affiliated undertaking3, or
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.
Referenced Notes:
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.
