Art. 161. Contracts and design competitions awarded or organized according to international standards

1. This Code shall not apply to public tenders and design competitions and concessions in the field of defense or security set forth in Legislative Decree No 208 of 15 November 2011, if they are governed by:

a) specific procedural rules based on an international agreement or arrangement stipulated in accordance with the Treaties of the European Union, between the State and one or more third- party countries or related offices, concerning works, supplies or services intended for the common realization or common management of a project;

b) specific procedural rules based on an international agreement or arrangement related to the presence of stationed troops and relating to undertakings of a Member State or a third-party country;

c) specific procedural rules of an international organization in the case of contracts;

d) specific procedural rules of an international organization that procures for its own purposes or concessions that must be awarded by a Member State in conformity with such rules.

The agreements or arrangements set forth in clause a) related to contracts shall be communicated to the Commission.

2. This Code shall not apply to public tenders and design competitions relating to aspects of defense or security that the contracting authority awards based on the public contract rules provided by an international organization or by an international financing institution, when the public tenders and design competitions in question are entirely funded by such organization or institution. In the case of public tenders and design competitions co-financed predominantly by an international organization or by an international financing institution, the parties shall agree on the applicable tender procedures.