Regulation 21. Defence and security

(1) These regulations shall not apply to contracts falling within the scope of Public Procurement of Contracting Authorities or Entities in the fields of Defence and Security Regulations as well as to contracts to which the said regulations do not apply pursuant to regulations 9, 13 and 14 thereof.

(2) Contracts and design contests not otherwise exempted under sub-regulation (1) to the extent that the protection of the essential security interests of Malta cannot be guaranteed by less intrusive measures, for instance by imposing requirements aimed at protecting the confidential nature of information which the contracting entity makes available in a contract award procedure as provided for in these regulations.

(3) These regulations shall also not apply to contracts and design contests not otherwise exempted under sub-regulation (1) to the extent that the application of these regulations would oblige Malta to disclose and supply information which it considers contrary to the essential interests of its security.