Article 56. Contracts excluded in ordinary sectors.

1. The provisions of the code relating to ordinary sectors do not apply to public contracts: a) of services awarded by a contracting authority to an entity which is a contracting authority or to an association of contracting authorities on the basis of an exclusive right referred to in they benefit by virtue of legislative or regulatory provisions or published administrative provisions which are compatible with the Treaty on the Functioning of the European Union; b) aimed at allowing contracting authorities to make available or manage telecommunications networks or to provide to the public of one or more electronic communications services. For the purposes of this article, the definitions of "communications network" and "electronic communications service" contained in article 2 of the electronic communications code, referred to in Legislative Decree no. of 1 August 2003, apply. 259; c) that contracting authorities are required to award or organize in compliance with procedures other than those provided for by the code and established by: 1) a legal instrument that creates international obligations, such as an international agreement, 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 by the signatories; 2) an international organisation; d) which contracting authorities award on the basis of standards established by an international organization or an international financial institution, when the contracts are entirely financed by the same organization or institution. In the case of public contracts financed mainly by an international organization or an international financial institution, the parties shall agree on the applicable award procedures; e) having as their object the purchase or rental, whatever the relevant financial modalities , of land, existing buildings or other immovable property or relating to rights in such property; f) having as its object the purchase, development, production or co-production of programs or materials associated with programs intended for audiovisual or radio media services which are awarded by providers of audiovisual or radio media services, or contracts concerning broadcasting time or the provision of programs awarded to providers of audiovisual or radio media services; g) concerning arbitration and conciliation services; h) concerning any of the following legal services: 1) legal representation of a client by a lawyer pursuant to article 1 of law 9 February 1982, n. 31: 1.1) in an arbitration or conciliation held in a Member State of the European Union, a third country or before an international arbitration or conciliation body; 1.2) in judicial proceedings before judicial bodies or public authorities of a Member State of the European Union or a third country or before international courts or institutions; 2) legal advice provided in preparation for one of the proceedings referred to in point 1), or where there is a concrete indication and a high probability that the issue on which the advice concerns becomes the subject of the procedure, provided that the advice is provided by a lawyer pursuant to article 1 of law 9 February 1982, n. 31; 3) document certification and authentication services to be provided by notaries; 4) legal services provided by designated trustees or guardians or other legal services whose providers are designated by a court of the State or are designated by law to carry out specific tasks under the supervision of said judicial bodies; 5) other legal services which are connected, even occasionally, to the exercise of public powers; i) concerning financial services relating to the issuing, purchasing, selling and to the transfer of securities or other financial instruments as reported in Annex I to the consolidated text of the provisions on financial intermediation, pursuant to Legislative Decree 24 February 1998, n. 58, services provided by central banks and operations concluded with the European Financial Stability Facility and the European Stability Mechanism; l) relating to loans, regardless of whether they are related to the issuing, selling, purchasing or transfer of securities or other financial instruments; m) concerning employment contracts; n) concerning civil defense, civil protection and prevention services against dangers provided by non-profit organizations and associations identified with CPV codes 75250000-3, 75251000-0, 75251100-1, 75251110-4, 75251120-7, 75252000-7, 75222000-8; 98113100-9 and 85143000-3 with the exception of patient transport services by ambulance; o) concerning public passenger transport services by rail or subway; p) concerning services connected to political campaigns, identified with CPV codes 79341400 -0, 92111230-3 and 92111240-6, if awarded by a political party in the context of an electoral campaign for contracts relating to ordinary sectors and concessions; q) having as their object the purchase of agricultural and food products for a value not exceeding 20,000 euros per year for each company, from single or associated agricultural companies located in municipalities classified as totally mountainous in the list of Italian municipalities prepared by ISTAT, or included in the circular of the Ministry of Finance no. 9 of 14 June 1993, published in the ordinary supplement no. 53 in the Official Gazette of the Italian Republic n. 141 of 18 June 1993, as well as in the municipalities of the smaller islands referred to in Annex A annexed to law 28 December 2001, n. 448. 2. The provisions of the code relating to ordinary sectors do not also apply to the case in which a public administration stipulates an agreement with which a public or private entity undertakes to carry out, at its sole expense and expense and subject to obtaining of all the necessary authorisations, of a public work or of a functional lot thereof or of part of the work envisaged in the context of urban planning instruments or programmes, without prejudice to compliance with articles 94, 95 and 98. EFFECTIVE FROM: July 1, 2023


REPORT Article 56 identifies the public contracts excluded from the application of the regulations relating to the ordinary sectors. Paragraph 1 of the article in question contains a long list of pu...
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