Decision 2009/546 - 2009/546/EC: Commission Decision of 8 July 2009 exempting exploration for and exploitation of oil and gas in the Netherlands from the application of Directive 2004/17/EC coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (notified under document number C(2009) 5381) - Main contents
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official title
2009/546/EC: Commission Decision of 8 July 2009 exempting exploration for and exploitation of oil and gas in the Netherlands from the application of Directive 2004/17/EC of the European Parliament and of the Council coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (notified under document number C(2009) 5381)| Legal instrument | Decision |
|---|---|
| Number legal act | Decision 2009/546 |
| CELEX number i | 32009D0546 |
| Document | 08-07-2009 |
|---|---|
| Publication in Official Journal | 14-07-2009; OJ L 181 p. 53-56 |
| Effect | 09-07-2009; Takes effect Date notif. |
| End of validity | 31-12-9999 |
| Notification | 09-07-2009 |
14.7.2009 |
EN |
Official Journal of the European Union |
L 181/53 |
COMMISSION DECISION
of 8 July 2009
exempting exploration for and exploitation of oil and gas in the Netherlands from the application of Directive 2004/17/EC of the European Parliament and of the Council coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors
(notified under document number C(2009) 5381)
(Only the Dutch text is authentic)
(Text with EEA relevance)
(2009/546/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to 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), and in particular Article 30(5) and (6),
Having regard to the request submitted by Nederlandse Aardolie Maatschappij B.V. (hereinafter referred to as NAM) by e-mail of 26 February 2009,
After consulting the Advisory Committee for Public Contracts,
Whereas:
-
I.FACTS
(1) |
By Commission Decision 93/676/EEC (2), contracting entities exploring for or extracting oil or gas in the Netherlands were authorised to apply an alternative regime in place of the normal set of rules provided for under the then applicable Directive. The alternative regime entailed certain statistical obligations and an obligation to observe the principles of non-discrimination and competitive procurement in respect of the award of supplies, works and service contracts, in particular as regards the information which the entity makes available to economic operators concerning its procurement intentions. The effects of that Decision were safeguarded without prejudice to the provisions of Article 30 of Directive 2004/17/EC through its Article 27 of when it replaced the previous Directive. |
(2) |
On 26 February 2009, NAM transmitted a request pursuant to Article 30(5) of Directive 2004/17/EC to the Commission by e-mail. In accordance with Article 30(5) first subparagraph, the Commission informed the Dutch authorities thereof by letter of 5 March 2009, to which the Dutch authorities answered by e-mail of 26 March 2009. The Commission also requested additional information of NAM by e-mail of 9 March 2009, which was transmitted by NAM by e-mail of 23 March 2009. |
(3) |
The request submitted by NAM concerns the exploration for and exploitation of oil and gas in the Netherlands. In line with previous Commission Merger Decisions (3), three distinct activities where NAM is active, have been described in the request, namely:
In accordance with the abovementioned Commission Decisions, ‘production’ will for the purposes of this Decision be taken to include also ‘development’, i.e. the setting up of adequate infrastructure for future production (oil platforms, pipelines, terminals, etc.). |
II. LEGAL FRAMEWORK
(4) |
Article 30 of Directive 2004/17/EC provides that contracts intended to enable the performance of one of the activities to which Directive 2004/17/EC applies shall not be subject to that Directive if, in the Member State in which it is carried out, the activity is directly exposed to competition on markets to which access is not restricted. Direct exposure to competition is assessed on the basis of objective criteria, taking account of the specific characteristics of the sector concerned. Access is deemed to be unrestricted if the Member State has implemented and applied the relevant Community legislation opening a given sector or a part of it. |
(5) |
Since the Netherlands have implemented and... |
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