Wzrost gospodarczy

Exempt markets

Exempt markets

Specific utilities markets in certain countries may be exempt from public procurement rules. This page contains information on which markets in which EU countries are exempt, as well as the state of play regarding pending requests for exemption.

For a utilities market to be exempt:

  • the legal/regulatory environment permits access and competition in the sector concerned;
  • the utility operators in the market concerned are subject to competitive pressure.

Detailed rules for the application of the exemption procedure

Exemption requests should be sent by email to GROW-ART-34@ec.europa.eu.

If the requests are to be delivered by other means (see Article 1(4) of the detailed rules), three copies should be sent by post or other suitable carrier to:

European Commission
Directorate-General for Internal Market, Industry, Entreprenurship and SMEs
Directorate G: Single Market for Public Administrations
B-1049 Brussels

When can a utility market be exempt from EU public procurement rules

Utilities (water, energy, transport and postal services) are essential for the smooth functioning of our economy and social development. In principle, utilities must respect EU Public Procurement rules (make their purchases through public tenders). This requirement can be lifted however and the utility can make purchases without applying the detailed rules of the Utilities Directive (e.g. in the procurement of electricity production in a given area) when competition in the specific national utilities is functioning well and access to the market is not restricted in the sector concerned (access has been liberalised and there is substantial competition).

A new Implementing Decision adopted under the EU Procurement Directive for Utilities (Directive 2014/25/EU) defines how EU countries or utilities can make their request for exemption if they want to be allowed to not follow EU public procurement rules. This decision includes what information must be supplied, how transparency should be ensured through notices in the Official Journal about requests throughout the procedure, etc.

The Implementing Decision replaces and updates a corresponding decision from 2005 (Decision 2005/15/EC). It facilitates requests for exemption by providing a template for the information to be provided on the market to be exempted and on its exposure to competition, which must both be supported by appropriate empirical evidence.

The update of the Implementing Decision is the result of some changes to procedural rules governing exemptions in the new public procurement directives (e.g. the possibility to change a request for exemption, by for instance reducing its scope, without having to start over again). To date, the Commission has received 34 formal exemption requests.

Legal reference

On 10 October 2016, the Commission adopted Implementing Decision (EU) 2016/1804. This Decision is published in the Official Journal of the European Union of 10 October 2016, number L 275, p. 39. It sets out detailed rules for the application of Articles 34 and 35 of Directive 2014/25/EU of the European Parliament and of the Council on procurement by entities operating in the water, energy, transport and postal services sectors.

Postal services

Courier services and other services than postal in Poland

Postal services in Hungary

Postal services in Austria

Certain financial services in the postal sector in Hungary

Domestic parcel logistic services in Hungary

Certain postal services (parcels) in Austria

Certain financial services in the postal sector in Italy

Postal services in Sweden

Express and courier services in Italy

Postal services in Finland excluding the Åland Islands

Courier and parcel services in Denmark

Energy

Retail of electricity and gas in the Netherlands

Production and wholesale of electricity in the Netherlands

  • Exemption requested on 30 January 2017 (2017/C 85/06)
  • Suspension of the deadline (2017/C 212/13)
  • Positive decision adopted on 12 December 2017 (C(2017)8339), entering into force on 13 December 2017

Retail of electricity and gas in the Czech Republic

Retail of electricity and gas in Germany

Exploration or extraction of fuel peat in Finland

Exploration for oil and gas in Portugal

Exploration for oil and gas in Greece

Production and wholesale of electricity in Poland

Exploration for oil and gas in Cyprus

Production and wholesale of electricity in Italy

Production and wholesale of electricity in Germany

Gas storage in the Czech Republic

Exploration for oil and gas and extraction of oil in Denmark

Exploration for oil and gas and extraction of oil in Italy

Exploration for and extraction of coal in the Czech Republic

Exploration for and extraction of oil and gas in Denmark

Exploration for and extraction of oil and gas in Italy

Production and sale of electricity in Italy

Exploration for and exploitation of oil and gas in England, Scotland and Wales

Exploration for and exploitation of oil and gas in the Netherlands

Electricity production in the Czech Republic

Production and sale of electricity in Spain

Production and wholesale of electricity in Poland

Production of electricity in Austria

Production and sale of electricity in Sweden

Supply of electricity and gas in England, Scotland and Wales

Production and sale of electricity in Finland, excluding the Åland Islands

Electricity generation in England, Scotland and Wales

Ports and airports

Provision of airports in Austria