Art. 6. Contracts and concessions awarded in the special sectors to a joint venture or to a contracting entity part to a joint venture

1. Notwithstanding Article 5 and provided that the joint venture has been set up in order to carry out the activity concerned by the contract over a period of at least three years and that the instrument setting up the joint venture stipulates that the contracting entities, which form it, will be part thereof for at least the same period, this Code shall not apply to contracts in the special sectors and to concessions awarded by:

a) a joint venture, as well as an association or a consortium or a common undertaking having legal personality formed exclusively by a number of contracting entities for the purpose of carrying out activities within the meaning of Articles 115 to 121 and of Annex II with an undertaking that is affiliated one of those contracting entities;

b) a contracting entity to a joint venture of which it forms part.

2. Contracting entities shall notify the European Commission, upon request, the following information relating to the undertakings referred to in Article 3, paragraph 1, letter z), second period:

a) the name of the undertakings or the joint venture concerned;

b) the nature and value of the contracts and concessions concerned.

3. The elements that the European Commission requires in order to prove that the relationships between the contracting entity and the undertaking or joint venture to whom contracts and concessions have been awarded meet the requirements set out in this Article and in Article 7.