5.  Article 2d is amended as follows:

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

'(a)  if the contracting entity has awarded a contract without prior publication of a notice in the Official Journal of the European Union without this being permissible in accordance with Directive 2004/17/EC or Directive [on Concessions]';

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

'- the contracting entity considers that the award of a contract without prior publication of a notice in the Official Journal of the European Union is permissible in accordance with Directive 2004/17/EC or Directive [on Concessions],';