Article 137. Mixed contracts concerning defense and security aspects.

1. To mixed contracts having as their object contracts or concessions falling within the scope of application of the code as well as contracts governed by Article 346 of the Treaty on the Functioning of the European Union or by Legislative Decree 15 November 2011, n. 208, the following provisions apply. 2. If the different parts of a specific contract or concession are objectively separable, paragraphs 3 to 5 apply. If they are not separable, paragraph 6 applies. 3. If contracting authorities choose to award a separate contract or concession for the separate parts, the legal regime applicable to each such separate contract shall be determined based on the characteristics of the separate part. 4. If contracting authorities choose to award a contract single contract or a single concession, the relevant legal regime is determined on the basis of the following criteria: a) if a part of the contract or concession is governed by Article 346 of the Treaty on the Functioning of the European Union, the single contract or the single concession can be awarded without applying the code or legislative decree no. 208 of 2011, provided that the respective awards are justified by objective reasons; b) if a part of a contract or concession is governed by legislative decree no. 208 of 2011, the single contract or the single concession can be awarded in accordance with this decree, provided that the respective awards are justified by objective reasons. The thresholds and exclusions provided for by the same legislative decree no. are reserved. 208 of 2011. 5. The decision to award a single contract or a single concession cannot be adopted with the aim of excluding the application of the code or legislative decree no. 208 of 2011. 6. If the different parts of a contract or concession are objectively non-separable, the contract or concession may be awarded without applying the code where it includes elements to which Article 346 of the Operational Treaty applies of European Union; otherwise it can be awarded in accordance with legislative decree no. 208 of 2011. EFFECTIVE FROM: 1 July 2023