Regulation 25. Determination of the percentage of activities

(1) For the determination of the percentage of activities referred to in regulations 22(1)(b), 23(1)(b) and 24(c), the average total turnover or an appropriate alternative activity based measure such as costs incurred by the relevant legal person, contracting authority or contracting entity as referred to in regulation 2(2)(a) with respect to services, supplies and works for the three years preceding the concession award shall be taken into consideration.

(2) Where, because of the date on which the relevant legal person, contracting authority or contracting entity was created or commenced activities or because of a reorganisation of its activities, the turnover, or alternative activity based measure such as costs, are either not available for the preceding three years or no longer relevant, it shall be sufficient to show that the measurement of activity is credible, particularly by means of business projections.