Article 144. Contracts awarded for the purpose of resale or rental to third parties.

1. The provisions of the code do not apply to contracts awarded for the purpose of resale or rental to third parties, when the contracting authority or the granting body does not enjoy any special or exclusive right for the sale or rental of the object of such procurement and when other entities can freely sell or rent it under the same conditions as the contracting authority or the granting body. 2. The contracting authorities or granting bodies shall communicate to the European Commission, upon request, all categories of products or activities which they consider excluded by virtue of paragraph 1, within the terms indicated by it, highlighting in the communication which information is of a sensitive commercial nature. 3. The provisions of the code do not apply to the categories of products or activities covered by the contracts referred to in paragraph 1 considered excluded by the European Commission by act published in the Official Journal of the European Union. EFFECTIVE FROM: 1 July 2023