4.  Article 2d is amended as follows:

(a)  in paragraph 1, point (a) is replaced by the following:

'(a) if the contracting authority has awarded a contract without prior publication of a contract notice in the Official Journal of the European Union without this being permissible in accordance with Directive 2004/18/EC or Directive [on Concessions]';

(b)  in paragraph 4, the first indent is replaced by the following:

'- the contracting authority considers that the award of a contract without prior publication of a contract notice in the Official Journal of the European Union is permissible in accordance with Directive 2004/18/EC or Directive [on Concessions]',