Article 57Reserved contracts

1.Public buyers may reserve the participation in procedures for the award of public contracts, including for specific lots thereof, to organisations whose main aim is the social and professional integration of persons with disabilities or disadvantaged persons, provided that at least 30 % of the employees of those organisations or programmes are workers with disabilities or with disadvantages, including providing for such contracts to be performed in the context of supported employment contracts or sheltered employment programmes, provided that the labour rights of the persons with disabilities or with disadvantages are safeguarded.

2.Public buyers may reserve the participation in procedures for the award of public service contracts forming part of the social welfare system which are covered by the CPV codes listed in Annex VI, including for specific lots thereof, to organisations which fulfil all of the following conditions:

(a)the organisation is legally recognised as non-profit under national law of the Member State where the organisation was established;

(b)the organisation has as its main purpose the delivery of a public welfare service of general interest;

(c)the organisation’s decisions are not guided by purely commercial considerations, and any surplus generated from the performance of the contract is reinvested in delivering the public welfare services of general interest for which it is constituted.