Commission Decision of 7 January 2005 on the detailed rules for the application of the procedure provided for in Article 30 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transport and postal services sectors (notified under document C(2004) 5769) (Text with EEA relevance) (2005/15/EC) (repealed)

1. Introductory Text

2. Article 1. (1) Requests concerning the applicability of Article 30(1) of Directive...

3. Article 2. (1) When the Commission receives a request concerning the applicability...

4. Article 3. This Decision is addressed to the Member States.

5. Signature

6. 1. ANNEX I

      Information to be provided in requests concerning the applicability of Article 30(1) of Directive 2004/17/EC

      1. 1. Section 1 — Identity and status of applicant

         1. 1.1. Full name and address of the applicant:

         2. 1.2. Status of the applicant: contracting authority public undertaking or private...

         3. 1.3. For a contracting authority: are you making the request for...

         4. 1.4. For contracting entities (the contracting authorities, the public undertakings and...

      2. 2. Section 2 — Description of the activity covered by this...

         1. 2.1. Describe the activity to which the conditions of Article 30(1)...

         2. 2.2. Where this differs from the national territory as a whole,...

      3. 3. Section 3 — The relevant market

         1. 3.1. In the light of the above, please explain the definition...

         2. 3.2. Please explain the definition of the relevant geographical market or...

      4. 4. Section 4 — Applicability of the legislative acts referred to...

         1. 4.1. Is the activity covered by this request subject to one...

      5. 5. Section 5 — Information concerning the relevant market and access...

         2. 5.1. Please give the reasons why you consider that access to...

         3. 5.2. For each relevant market, for each of the last three...

            1. 5.2.1. an estimate of the total size of the market in...

            2. 5.2.2. the sales in value and volume, as well as an...

            3. 5.2.3. an estimate of the market share in value (and, where...

            4. 5.2.4. an estimate of the total value, volume and source of...

            5. 5.2.5. the extent to which trade between States within the territory...

            6. 5.2.6. the manner in which the applicant produces and sells the...

            7. 5.2.7. a comparison of the applicant’s price levels in each Member...

            8. 5.2.8. The nature and extent of the vertical integration of the...

            9. 5.2.9. specify any assets or infrastructure used jointly with other entities...

         4. 5.3. Please provide the following information:

            1. 5.3.1. Over the last five years, has there been any significant...

            2. 5.3.2. In the opinion of the applicant are there any undertakings...

            3. 5.3.3. Describe the various factors influencing entry into the relevant markets...

            4. Research and development

               1. 5.3.4. Give an account of the importance of research and development...

            5. Cooperation agreements

               1. 5.3.5. To what extent do cooperation agreements (horizontal or vertical) exist...

               2. 5.3.6. Give details of the most important cooperation agreements concluded by...

      6. 6. Section 6 — Exposure to competition

         1. 6.1. Explain why you consider that the activity covered by this...

            1. General conditions on the relevant market

               1. 6.1.1. Identify the five largest independent suppliers to the applicant and...

            2. Structure of supply in the relevant markets

               1. 6.1.2. Describe the distribution channels and after-sales service networks that exist...

               2. 6.1.3. Where appropriate, provide an estimate of the total Community-wide and...

               3. 6.1.4. Please indicate any other supply-side considerations you consider to be...

            3. Structure of demand in the relevant markets

               1. 6.1.5. Identify the five largest independent customers of the applicant in...

               2. 6.1.6. Explain the structure of demand in terms of:

               3. 6.1.7. Provide estimates of the degree of consumer activity in terms...

   2. ANNEX II

      Model notices concerning a request pursuant to Article 30 of Directive 2004/17/EC

      1. A. Request from a Member State

      2. B. Request from a contracting entity

   3. ANNEX III

      Model notices concerning a request pursuant to Article 30 of Directive 2004/17/EC — Extension of the period

      1. A. Request from a Member State

      2. B. Request from a contracting entity

   4. ANNEX IV

      Model notices concerning a request pursuant to Article 30 of Directive 2004/17/EC — Applicability of Article 30(1), in the absence of any decision within the period laid down

      1. A. Request from a Member State

      2. B. Request from a contracting entity