Art. 16. Contracts awarded and design contests organized pursuant to international rules

1. The provisions in this Code shall not apply to public contracts, design contests and concessions that the contracting authorities or contracting entities are obliged to award or organize in accordance with procedures other than those laid down in this Code and established by:

a) a legal instrument creating international law obligations, such as an international agreement, concluded in accordance with the Treaties of the European Union, between a Member State and one or more third countries or subdivisions thereof and covering works, supplies or services intended for the joint implementation or exploitation of a project by their signatories;

b) an international organization.

2. This Code shall not apply to public contracts, design contests and concessions which the contracting authorities or entities award in accordance with procurement rules provided by an international organization or international financing institution, where the contracts, design contests or concessions concerned are fully financed by that organization or institution; in the case of contracts, design contests or concessions co-financed the most part by an international organization or international financing institution the parties shall agree on applicable procurement award procedures.

3. Without prejudice to what provided for in Article 161, paragraphs 1 and 2 shall not apply to contracts, design contests and concessions involving defense or security aspects pursuant to Legislative Decree n. 208 of 15 November 2011.

4. The "Cabina di Regia" referred to in Article 212, shall notify to the European Commission the legal instruments indicated in paragraph 1, letter a).