(1) The Agreement shall not apply to contracts awarded for purposes of re-sale or hire to third parties, provided that the contracting entity enjoys no special or exclusive right to sell or hire the subject of such contracts and other entities are free to sell or hire it under the same conditions as the contracting entity.

(2) The Agreement shall not apply to contracts for the purchase of water and for the supply of energy and of fuels for the production of energy.

(3) The Agreement shall not apply to the acquisition or rental of land, buildings or other immovable property, or concerning rights thereon.