Art. 43. Contracts involving contracting authorities and contracting entities in different Member States

1. Contracting authorities and contracting entities may recur to central purchasing bodies located in another Member State of the European Union conducting their activities in accordance with the national provisions of the Member State in which they are located, within the limits provided for in Article 37, paragraph 13.

2. Contracting authorities or contracting entities may award a public contract, conclude a framework agreement or operate a dynamic purchasing system jointly with contracting authorities or contracting entities of different Member States by concluding an agreement that determines:

a) the responsibilities of the parties and the relevant applicable national provisions;

b) the management of the award procedure, the distribution of the works, supplies or services to be procured, and the terms of conclusion of contracts. The attribution of responsibilities and the applicable national law are indicated in the procurement documents of the public contracts jointly procured.

3. Where one or more national contracting authorities or one or more national contracting entities have constituted with contracting authorities or contracting entities of different Member States a joint entity, with the European Groupings of Territorial Cooperation referred to in Regulation EC) n. 1082/2006 of the European Parliament and of the Council, or other entities established under Union law, with a dedicated agreement establish the national applicable norms to the procurement procedures of one of the following Member States:

a) the Member State where the joint entity has its registered office;

b) the Member State where the joint entity is carrying out its activities.

4. The agreement referred to in this Article may either apply for an undetermined period, when fixed in the constitutive act of the joint entity, or may be limited to a certain period of time, certain types of contracts or to individual contracts.
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