Art. 114. Subject-matter and scope

1. The following rules shall apply to the public contracts referred to in this Chapter and, as far as compatible, the provisions referred to in Articles 1 to 58, with the exception of the provisions relating to concessions. Article 49 applies with regard to Annexes 3, 4 and 5 and to the general notes of Appendix 1 of the European Union of the GPA and to the other international agreements to which the European Union is bound.

2. The provisions of this Chapter shall apply to contracting entities which are contracting authorities or public undertakings carrying out one of the activities set out in Articles 115 to 121; they also apply to all persons who, although not being contracting authorities or public enterprises, include among their activities one or more of the activities provided for by articles 115 to 121 and operate by virtue of special or exclusive rights.

3. For the purposes of this Article, ‘special or exclusive rights’ means rights granted by the State or local entities by way of any legislative, regulatory or published administrative provision compatible with the Treaties and having the effect of reserving the exercise of activities defined in Articles 115 to 121 and of substantially affecting the ability of other entities to carry out such activities.

4. Rights which have been granted by means of a procedure in which adequate publicity has been ensured and where the granting of those rights was based on objective criteria shall not constitute special or exclusive rights within the meaning of paragraph 3.For these purposes, besides the procedures in this Code, all the procedures referred to in Annex II of directive 2014/25/EU of the European Parliament and he Council which are able to ensure an adequate level of transparency shall constitute adequate procedures in order to exclude the subsistence of special or exclusive rights.

5. paragraph repealed by legislative decree no. 50/2017 in force from 20-5-2017

6. The provisions of Article 158 apply to research and development services.

7. For the purposes of Articles 115, 116 and 117, the term ‘supply’ shall include generation, production, as well as the wholesale and retail sale. However, production of gas in the form of extraction falls within the scope of Article 121.

8. The rules set out in Articles 100, 105, 106, 108 and 112 shall apply to the execution of procurement contracts in the special sectors.