Notice concerning a request under Article 30 of Directive 2004/17/EC of the European Parliament and of the Council

Request from a contracting entity

2010/C 47/11

On 15 February 2010, the Commission received a request under Article 30(5) of Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (1). The first working day following receipt of the request is 16 February 2010.

The request, from Compagnia Valdostana delle Acque S.p.A., concerns the production and sale of electricity in Italy. The above-mentioned Article 30 provides that Directive 2004/17/EC is not applicable when the activity in question is directly exposed to competition in markets to which access is not restricted. These conditions are evaluated solely for the purposes of Directive 2004/17/EC and are without prejudice to the application of competition rules.

The Commission has a period of three months to take a decision on this request, starting on the working day referred to above. The period therefore ends on 16 May 2010.

This period may be extended by three months. Any such extension must be published.

Pursuant to the second subparagraph of Article 30(6), further requests concerning the production and sale of electricity in Italy, submitted before the period opened for this request expires, will not be considered as new procedures and will be dealt with as part of this request.

(1)  OJ L 134, 30.4.2004, p. 1.