Article 142. Joint ventures and assignments to associated companies.

1. The provisions of the code do not apply, when the conditions referred to in paragraph 3 apply, to contracts awarded: a) by a joint venture, composed exclusively of several contracting authorities or granting bodies to carry out one or more of the activities referred to to Articles 146 to 152 and Annex II to Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 to one of those contracting authorities or granting entities; b) by a contracting authority or awarding entity to the joint venture of which it is part. 2. The provisions of the code also do not apply, if the conditions referred to in paragraph 4 apply, to contracts awarded: a) by a contracting authority or granting body to an associated company ; b) by a joint venture, composed exclusively of several contracting authorities or granting entities to carry out the activities referred to in articles 146 to 152, to an enterprise linked to one of these contracting authorities or granting entities. 3. The non-applicability referred to in paragraph 1 operates on condition that the joint venture has been established for the performance of the activities entrusted for a period of at least three years and that the deed of incorporation provides that the contracting authorities or granting bodies that compose it are part of it for a period of the same duration. 4. The non-applicability referred to in paragraph 2 applies to contracts and concessions for services and works and for supply contracts, provided that at least 80 percent of the total turnover achieved on average by the connected company in the last three years, taking into account all the works, services and supplies provided, comes from the services rendered to the contracting authority or to the granting body or to the other companies to which it is connected. 5. If, due to the date of establishment or commencement of activity of the related enterprise, the turnover for the last three years is not available, it is sufficient for the enterprise to demonstrate, on the basis of business projections, that it is likely to achieve the expected turnover in paragraph 4. 6. If several companies connected to the contracting authority or to the granting body with which they form an economic group provide the same or similar services, supplies or works, the percentages are calculated taking into account the total turnover deriving from the performance of the services or the execution of the works, for each of these connected companies. 7. At the request of the European Commission, the contracting authorities and granting entities shall communicate: a) the names of the companies or joint ventures involved; b) the nature and value of the contracts considered; c) the elements that the European Commission requires to prove that the relationships between the contracting authority or the granting body and the company or joint venture to which the contracts are awarded satisfy the requirements set out to this article. EFFECTIVE: July 1, 2023