Notice concerning a request pursuant to Article 35 of Directive 2014/25/EU

Request made by a Member State

2014/C 186/12

On 15 May 2014, the Commission received a request in accordance with Article 35 of Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement procedures by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (1). The first working day following receipt of the request is 16 May 2014.

This request, made by the Republic of Poland, concerns the production and wholesale of electricity in that country. Article 34(1) of Directive 2014/25/EU provides that the later Directive is not applicable when the relevant activity is directly exposed to competition in markets to which access is not restricted. These conditions are evaluated solely for the purposes of Directive 2014/25/EU and are without prejudice to the application of competition rules.

Pursuant to letter (a) of first paragraph of point 1 of Annex IV to Directive 2014/25/EU, the Commission is allowed a period of 90 working days to take a decision on this request, commencing on the working day referred to above. The period therefore expires on 25 September 2014.

(1)  OJ L 94, 28.3.2014, p. 243.