Notice concerning a request in accordance with Article 30 of Directive 2004/17/EC

Request made by a Member State

2010/C 324/10

On 22 November 2010, the Commission received a request in accordance with Article 30(4) of Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities working in the water, energy, transport and postal services sectors. The first working day following receipt of the request is 23 November 2010.

This request from the Czech Republic concerns exploration for and extraction of coal in that country. Article 30 mentioned above provides that Directive 2004/17/EC is not applicable when the activity in question is directly exposed to competition on markets to which access is not restricted. These conditions are evaluated solely for the purposes of Directive 2004/17/EC, without prejudice to the application of competition rules.

The Commission is allowed a period of three months to make a decision on this request, commencing on the working day referred to above. The period therefore expires on 23 February 2011.

The provisions of the third subparagraph of the above-mentioned paragraph 4 are not applicable. Consequently, the period allowed to the Commission may be extended by three months. Any such extension must be published.