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Commission Implementing Decision (EU) 2016/1804Show full title

Commission Implementing Decision (EU) 2016/1804 of 10 October 2016 on the 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 (notified under document C(2016) 6351) (Text with EEA relevance)

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  1. Introductory Text

  2. Article 1.(1) Requests concerning the applicability of Article 34 of Directive...

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

  4. Article 3.Decision 2005/15/EC is repealed.

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

  6. Signature

    1. ANNEX I

      INFORMATION TO BE PROVIDED IN REQUESTS CONCERNING THE APPLICABILITY OF ARTICLE 34 OF DIRECTIVE 2014/25/EU

      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 34(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...

        1. 5.1. Please give the reasons why you consider that access to...

        2. 5.2. For each relevant market, for each of the last three...

        3. 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 EU-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

      INFORMATION TO BE CONTAINED IN NOTICES OF REQUESTS CONCERNING THE APPLICABILITY OF ARTICLE 34 OF DIRECTIVE 2014/25/EU

      1. A. Access to the market is deemed not to be restricted...

      2. B. Free access to the market cannot be presumed on the...

    3. ANNEX III

      INFORMATION TO BE CONTAINED IN NOTICES OF REQUESTS CONCERNING THE APPLICABILITY OF ARTICLE 34 OF DIRECTIVE 2014/25/EU — EXTENSION OR SUSPENSION OF PERIODS FOR THE ADOPTION OF IMPLEMENTING ACTS OR WITHDRAWAL OF A REQUEST

      1. A. Extension of the period for adoption of implementing acts

      2. B. Suspension of the period for adoption of implementing acts

      3. C. End of the suspension of the period for adoption of...

      4. D. Withdrawal of a request concerning the applicability of Article 34...

    4. ANNEX IV

      INFORMATION TO BE CONTAINED IN NOTICES OF REQUESTS CONCERNING THE APPLICABILITY OF ARTICLE 34 OF DIRECTIVE 2014/25/EU — APPLICABILITY OF ARTICLE 34(1) OF THE DIRECTIVE WHERE NO IMPLEMENTING ACT HAS BEEN ADOPTED WITHIN THE DEADLINE

      1. Request [from a Member State/made by a contracting entity]

      2. On […] the Commission received a request pursuant to Article...

      3. This request, made by [name of the Member State concerned/name...

      4. Since the period for adoption of a decision expired on...

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