Decision 2010/142 - 2010/142/: Commission Decision of 3 March 2010 exempting certain services in the postal sector in Austria from the application of Directive 2004/17/EC (notified under document C(2010) 1120)

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Contents

  1. Current status
  2. Key information
  3. Key dates
  4. Legislative text
  5. Sources and disclaimer
  6. Full version
  7. EU Monitor

1.

Current status

This decision has been published on March  6, 2010 and should have been implemented in national regulation on the same day at the latest.

2.

Key information

official title

2010/142/: Commission Decision of 3 March 2010 exempting certain services in the postal sector in Austria from the application of Directive 2004/17/EC of the European Parliament and of the Council (notified under document C(2010) 1120)
 
Legal instrument Decision
Number legal act Decision 2010/142
CELEX number i 32010D0142

3.

Key dates

Document 03-03-2010
Publication in Official Journal 06-03-2010; OJ L 56 p. 8-11
Effect 06-03-2010; Takes effect Date notif.
End of validity 31-12-9999
Notification 06-03-2010; {titleAndReference.draft.disclaimer.new|http://publications.europa.eu/resource/authority/fd_365/titleAndReference.draft.disclaimer.new}

4.

Legislative text

6.3.2010   

EN

Official Journal of the European Union

L 56/8
 

COMMISSION DECISION

of 3 March 2010

exempting certain services in the postal sector in Austria from the application of Directive 2004/17/EC of the European Parliament and of the Council

(notified under document C(2010) 1120)

(Only the German text is authentic)

(Text with EEA relevance)

(2010/142/EU)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

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) thereof,

Having regard to the request submitted by Österreichische Post AG (hereinafter referred to as ‘Post’) by e-mail received on 10 September 2009,

After consulting the Advisory Committee for Public Contracts,

Whereas:

  • I. 
    FACTS
 

(1)

On 10 September 2009, Post 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 Austrian authorities thereof by letter of 15 September 2009, to which the Austrian authorities answered by e-mail of 9 October 2009. The Commission also requested additional information of Post by e-mail of 22 October 2009, which, following a prolongation of the deadline was transmitted by Post by e-mail of 13 November 2009.
 

(2)

The request submitted by Post concerns certain postal services as well as certain services other than postal services in Austria. The services concerned are described as follows in the request:

 

(a)

standard consumer parcel services (consumer to consumer (C2C), consumer to business (C2B)), both domestic and international;
 

(b)

standard business to business (B2B) parcel services, both domestic and international;
 

(c)

standard business to consumer (B2C) parcel services, both domestic and international;
 

(d)

domestic express parcel services;
 

(e)

combined freight services, i.e. freight services relating to consignments consisting of individual parcels and palletised small packages; and
 

(f)

contract logistics, defined as including the storage of goods and associated stock management, finishing and/or commissioning, marshalling goods ready for dispatch and address management for the sender.

II.   LEGAL FRAMEWORK

 

(3)

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 EU legislation opening a given sector or a part of it. This legislation is listed in Annex XI to Directive 2004/17/EC, which, for the postal sector, refers to Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market of Community postal services and the improvement of quality of service (2) as amended by Directive 2002/39/EC (3).
 

(4)

Austria has implemented and applied Directive 97/67/EC as amended by Directive 2002/39/EC, using the possibility pursuant to its Article 7 to reserve certain addressed letters with a weight of up to 50 g for the designated universal service provider,...


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This text has been adopted from EUR-Lex.

 

5.

Sources and disclaimer

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6.

Full version

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7.

EU Monitor

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