Art. 13. Contracts awarded for purposes of resale or lease to third parties

1. The provisions in this Code shall not apply to contracts awarded in the special sectors for purposes of resale or lease to third parties, where the contracting entity enjoys no special or exclusive right to sell or lease the subject of such contracts, and other entities are free to sell or lease it under the same conditions as the contracting entity.

2. The contracting entities shall notify the European Commission if so requested, of all the categories of products or activities which they regard as excluded under paragraph 1, in the terms thereby indicated, by emphasizing in the notification which information shall have sensitive commercial character.

3. The provisions in this Code relating to special sectors shall not apply to the categories of products or activities constituting the subject-matter of contracts in Article 1 and considered to be excluded by the European Commission by means of an act published on the Official Journal of the European Union.