Article 138. Contracts and design competitions awarded or organized according to international standards.

1. The code does not apply to public procurement and design competitions and to defense or security concessions referred to in Legislative Decree 15 November 2011, n. 208, if they are governed by: a) specific procedural rules on the basis of an international agreement or understanding concluded in accordance with the treaties of the European Union, between the State and one or more third countries or related articulations and concerning works, supplies or services intended for the joint implementation or joint management of a project; (b) specific procedural rules on the basis of an international agreement or understanding in relation to the presence of troops stationed and concerning undertakings of a Member State or a country third; (c) specific procedural rules of an international organization in the case of procurement; (d) specific procedural rules of an international organization procuring for its own purposes or concessions to be awarded by a Member State in accordance with those normative. 2. The agreements or understandings referred to in paragraph 1, letter a), relating to procurement are communicated to the European Commission. 3. The Code does not apply to public contracts and design competitions relating to defense or security aspects which the contracting authority awards on the basis of procurement rules established by an international organization or an international financing institution, when the public procurement and design competitions in question are entirely financed by that organization or institution. In the case of public procurement and design competitions co-financed predominantly by an international organization or an international financing institution, the parties shall agree on the applicable procurement procedures. EFFECTIVE FROM: 1 July 2023