Article 76Exceptions
Public buyers may decide not to apply European preference requirements, including those in the delegated acts adopted pursuant to Article 75, where:
(a)the contracts in question are governed by Article 48;
(b)the required products or services cannot be supplied by a Union or covered economic operator, and no reasonable alternative or substitute exists;
(c)no suitable tenders or requests to participate have been submitted, including in response to a similar public procurement procedure launched by the same public buyer in the two years preceding the launch of the planned new procurement procedure; or
(d)the application of such European preference requirements would entail that a public buyer would have to acquire goods, services or works at disproportionate costs.