Article 145. Activities carried out in third countries.

1. The provisions of the code do not apply to contracts awarded by contracting authorities or granting bodies for the exercise of the activities referred to in articles 146 to 152 in a third country, in circumstances that do not involve the material exploitation of a network or of a geographical area within the European Union. 2. The contracting authorities or granting bodies shall communicate to the European Commission, upon request, all the categories of activities which they consider excluded pursuant to paragraph 1, within the terms indicated by it , highlighting in the communication which information is of a sensitive commercial nature. 3. The provisions of the code do not apply in any case to the categories of activities covered by the contracts referred to in paragraph 1 considered excluded by the European Commission in lists published periodically in the Official Journal of the European Union . EFFECTIVE FROM: July 1, 2023