Article 117Excluded concessions
1.In addition to the exclusions provided for in Part III, Title II, Chapter 1, this Regulation does not apply to the following concessions:
(a)for air transport services based on the grant of an operating licence within the meaning of Regulation (EC) No 1008/2008 of the European Parliament and of the Council;
(b)for public passenger transport services within the meaning of Regulation (EC) No 1370/2007;
(c)for provision or operation of fixed networks intended to provide a service to the public in connection with the production, transport or distribution of drinking water, or to supply drinking water to such networks;
(d)having one or both of the following subject-matters where they are connected with an activity referred to in point (c):
(i)hydraulic engineering projects, irrigation or land drainage, provided that the volume of water to be used for the supply of drinking water represents more than 20 % of the total volume of water made available by those projects or installations for irrigation or drainage installations;
(ii)the disposal or treatment of sewage;
(e)for lottery services, which are covered by CPV code 92351100-7, awarded by a Member State to an economic operator on the basis of an exclusive right;
(f)awarded to an economic operator on the basis of an exclusive right which has been granted in accordance with the Treaty and Union legislation laying down common rules on access to the market applicable to the activities referred to in Annex III, unless that Union legislation does not provide for sector-specific transparency obligations, in which case Article 20 shall apply.