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Document 52015XC0306(02)

Notice concerning a request pursuant to Article 35 of Directive 2014/25/EU — Request made by a contracting entity

OJ C 78, 6.3.2015, p. 14–14 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)



Official Journal of the European Union

C 78/14

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

Request made by a contracting entity

(2015/C 78/10)

On 2 February 2015 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 3 February 2015.

Until repealed (2), Directive 2004/17/EC applies to the award of contracts for the pursuit of, i.a., exploration for oil and gas, unless this activity is exempted pursuant to Article 30 of that Directive. From a procedural point of view, however, the provisions of the Directive 2014/25/EU (3) apply to requests for exemption, as the material conditions for granting an exemption remain unchanged as to substance.

This request, made by Hellenic Petroleum SA, concerns exploration for oil and gas in Greece. Article 30 of Directive 2004/17/EC Directive 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 2004/17/EC and are without prejudice to the application of competition rules.

In case an exemption would be granted, its effect would expire on the date of transposition of Directive 2014/25/EU into national legislation or, at the latest, when Directive 2004/17/EC is repealed, given that the activity of exploration for oil and gas will no longer be covered by the provisions of Directive 2014/25/EU; hence no exemption will be needed.

Pursuant to letter (a) of first paragraph, of point 1 of Annex IV of Directive 2014/25/EU, the Commission is allowed a period of 105 working days to take a decision on this request, commencing on the working day referred to above. The period therefore expires on 8 July 2015.

(1)  OJ L 94, 28.3.2014, p. 243.

(2)  With effect from 18 April 2016.

(3)  It entered into force on 18 April 2014.