Art. 9. Service contracts awarded on the basis of an exclusive right

1. The provisions in this Code relating to ordinary sectors and special sectors shall not apply to public services contracts awarded by a contracting authority, to another contracting authority, to an entity that is a contracting authority or to an association of contracting authorities on the basis of an exclusive right which they enjoy pursuant to legislative, regulatory or published administrative provisions that are compatible with the Treaty on the Functioning of the European Union.

2. This code shall not apply to service concessions awarded to a contacting authority or a contracting entity within the meaning of Article 3, paragraph 1, letter e), number 1, point 1.1 or to an association thereof on the basis of an exclusive right. The present code shall not apply to service concessions awarded to an economic operator on the basis of an exclusive right granted on the basis of the TFEU, of EU juridical acts and national norms providing common norms on the access to the market applicable to activities referred to in Annex II.

3. By way of derogation from paragraph 2, second period, where the sectorial legislation recalled shall not provide for specific transparency obligations, provisions in Article 29 shall apply. Where, according to paragraph 2, an exclusive right is granted to an economic operator for the exercise of one of the activities referred to in Annex II, the "Cabina di Regia" referred to in Article 212 shall inform the European Commission on the matter within one month following the concession of such exclusive right.