Article 13. Scope of application.

1. The provisions of the code apply to procurement and concession contracts. 2. The provisions of the code do not apply to excluded contracts, active contracts and free contracts, even if they offer opportunities for economic gain, even indirect. 3. The provisions of the code do not apply to company contracts and extraordinary operations that do not involve new assignments of works, services and supplies. The provisions of the consolidated law regarding publicly held companies, referred to in Legislative Decree 19 August 2016, n., remain unchanged. 175, regarding the choice of private shareholder and the transfer of shares or shares. 4. With regulation of the Minister of Foreign Affairs and International Cooperation, adopted pursuant to article 17, paragraph 3, of the law of 23 August 1988, n. 400, after consulting the National Anti-Corruption Authority (ANAC), the procedures for choosing the contractor and the execution of the contract to be carried out abroad are regulated, taking into account the fundamental principles of this code and the procedures applied by the European Union and by the international organizations of which Italy is a part. The application of this code to assignment procedures carried out in Italy remains unchanged. 5. The awarding of the contracts referred to in paragraph 2 which offer opportunities for economic gain, including indirect, takes place taking into account the principles referred to in articles 1, 2 and 3. 6. The definitions of the code are contained in the annex I.1. 7. The provisions of the code also apply to the awarding of public works to be carried out by private entities, holders of a building permit or other qualification, who directly undertake the execution of urbanization works with total or partial deduction of the contribution foreseen for the issuing of the permit, pursuant to article 16, paragraph 2, of the consolidated text of the legislative and regulatory provisions on construction, referred to in the decree of the President of the Republic 6 June 2001, n. 380, and article 28, paragraph 5, of law 17 August 1942, n. 1150, or they carry out the related works under the agreement. Annex I.12 identifies the methods for assigning urbanization works to the deduction of the construction contribution. EFFECTIVE: July 1, 2023