2009/46/EC: Commission Decision of 19 December 2008 exempting certain services in the postal sector in Sweden from the application 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 number C(2008) 8409) (Text with EEA relevance)
Date: 2008-12-19
Institutions: European Commission
Subjects: Sweden, award of contract, competition law, electrical energy, electrical industry, energy production, public contract

L 19/50

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Official Journal of the European Union

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COMMISSION

COMMISSION DECISION

of 19 December 2008

exempting certain services in the postal sector in Sweden from the application of Directive
the Council coordinating the procurement
2004/17/EC of

the European Parliament and of

procedures of entities operating in the water, energy, transport and postal services sectors

(notified under document number C(2008) 8409)

(Only the Swedish text is authentic)

(Text with EEA relevance)

(2009/46/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

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(4) and (6) thereof,

Having regard to the request submitted by Posten AB Sweden
(hereinafter referred to as Sweden Post) by e-mail of 19 June
2008,

After consulting the Advisory Committee for Public Contracts,

Whereas:

I. FACTS

(1)

first

On 19 June 2008, Sweden Post transmitted a request
pursuant to Article 30(5) of Directive 2004/17/EC to
In accordance with
e-mail.
the Commission by
Article 30(5)
the Commission
subparagraph,
informed the Swedish authorities thereof by letter of
to which the Swedish authorities,
25 June 2008,
following a request
the deadline,
e-mail of 2 September 2008. The
answered by
Commission also requested additional
information of
Sweden Post by e-mail of 30 July 2008, which was
transmitted by Sweden Post by e-mail of 15 August
2008.

for prolongation of

(CtC), Consumer
(BtB)

(a) addressed first class letters services (Consumer to
(CtB),
Consumer
Business
to
Consumer (BtC)), both domestic and international;
this category also includes priority distribution of
newspapers and express services;

to Business
and Business

to Business

is

services,

and this

(b) non-priority letter services, including the so-called ‘e-
brev’
services, distribution of non-priority news­
papers and addressed direct mail. E-brev is a
service whereby the customer submits material on
electronic media
then transferred
through a printing and enveloping service into
physical letters which are combined with a postage
further
service; within this category of
distinctions are made according to the fact
that
certain types of mail are handled differently and
priced differently. Thus,
there is a fundamental
difference between single items and large sorted
shipments (also called pre-sorted bulk mail). For
this last category, yet another difference is made
according to the geographic area in which this
service
sorted
shipments in metropolitan areas (2) and large sorted
in Sweden. A particularly
shipments
relevant consequence of
that
this distinction is
prices differ according to where the services are
rendered and the differences are substantial (3). For
the purposes of this Decision, three different services
will therefore be considered, namely:

e. between large

is offered,

elsewhere

i.

— non-priority letter services in general, i.e. all non-
priority letter services as just described, to the
exclusion of:

(2)

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

(1) OJ L 134, 30.4.2004, p. 1.

(2) Defined as certain postal code areas pertaining to larger cities and
environs, such as Stockholm, Gothenburg, Malmö and Västerås.
(3) On average 0,40 SEK — in comparison, the price for a non-priority
letter of up to 20 g (single item) is 4,0 SEK and the price for non-
priority letters in large sorted shipments outside of the metropolitan
areas is 2,84 SEK. On average, the price in metropolitan areas is
16,39 % cheaper for non-priority letters in large sorted shipments.

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Official Journal of the European Union

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— large sorted non-priority shipments in metro­

politan areas, and

— large sorted non-priority shipments elsewhere in

Sweden than in metropolitan areas;

(c) unaddressed direct mail services;

(d) domestic BtB standard parcel services;

(e) domestic BtC standard parcel services;

(f) domestic consumer standard parcel services (CtC and

CtB);

(g) domestic express and courier parcel services;

(h)

international parcel services (BtB, BtC, CtB, CtC), that
is services relating to parcels originating outside of
Sweden and services
to be
delivered outside of Sweden;

relating to parcels

(i) domestic pallet

services

(also called light goods
i. e. services relating to goods of up to

services,
approximately 1 000 kg);

(j) philatelic services;

(k)

third and fourth party logistics, defined as including
import, warehousing and distribution as well as
direction,
the
and
customer’s flows of goods;

development

control

of

(l) outsourcing of

is
‘Postservice
described as follows in the application:
entails that a company’s internal post management

internal office

services. This

constitutes

a part of

routines are managed by an external player in order
to free up internal resources and enhance business
efficiency. Postservice
the
Outsourcing of
Internal Office Services Market,
which includes a number of other services. Many
companies operate on this market and the services
are bundled
they provide
vary. The
differently and sometimes
the
services which can be deemed to constitute postal
service, while in other cases only a few are included
and the emphasis is then placed on, for example,
cleaning services.’.

services
include most of

this

The request furthermore mentions a service consisting in
the provision of post-boxes, but concludes — correctly
— that
should be
is an ancillary service that
considered as a part of the provision of an access to
It can therefore not be the
the postal
subject of
to
decision pursuant
Article 30.

an autonomous

infrastructure.

sector

is correct,

this applies

The request is accompanied by the conclusions of the
authority, Konkurrensverket (1)
independent national
(the Swedish Competition Authority), whose main
‘Konkurrens­
comments and conclusions are as follows:
verket does not have any decisive objections against the
way in which [Sweden Post] has delimited the relevant
markets. (…) The picture of an existing and increasing
competition against [Sweden Post] from new companies
in
within the postal
(…)
particular to the more densely populated areas.
Sweden is however thinly populated with large geogra­
phical areas within which it will currently and probably
for the foreseeable future not be commercially interesting
to
for new companies to establish themselves [i. e.
provide postal services]. This means that [Swedish Post]
also in the future will continue to be the sole market
operator or at the least will have very strong market
the Swedish postal
position within certain parts of
(…) To conclude, Konkurrensverket considers
market.
that [Sweden Post’s] request pursuant to Article 30 of
the
the Utilities Directive,
requirements
the
markets mentioned [therein]. (…)’

2004/17/EC, meets
to be granted an exemption for

II. LEGAL FRAMEWORK

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 charac­
teristics of the sector concerned. Access is deemed to be
unrestricted if the Member State has implemented and
applied the relevant Community legislation opening a
given sector or a part of it.

(3)

(4)

(5)

(1) Note of 28.2.2008, Dnr 656/2007.

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Official Journal of the European Union

23.1.2009

(6)

(7)

(8)

the European Parliament and of

Since Sweden has implemented and applied Directive
97/67/EC of
the
Council of 15 December 1997 on common rules for
the development of the internal market of Community
services and the improvement of quality of
postal
service (1), without using the possibility to reserve any
services pursuant to its Article 7, access to the market
should be deemed not to be restricted in accordance with
subparagraph of Article 30(3) of Directive
the first
to competition in a
2004/17/EC. Direct
particular market should be evaluated on the basis of
various criteria, none of which are, per se, decisive.

exposure

In respect of the markets concerned by this decision, the
market share of the main players on a given market
constitutes one criterion which should be taken into
account. Another criterion is the degree of concentration
on those markets. As the conditions vary for the different
activities that are concerned by this Decision, the exam­
ination of
the competitive situation should take into
account the different situations on different markets.

narrower market

definitions might

be
Although
envisaged in certain cases, the precise definition of the
relevant market can be left open for the purposes of this
Decision as far as a number of the services listed in the
request submitted by Sweden Post are concerned to the
extent that the result of the analysis remains the same
whether it is based on a narrow or a broader definition.

(9)

This Decision is without prejudice to the application of
the rules on competition.

III. ASSESSMENT

Services

to which Article 30(1) of Directive

2004/17/EC is not applicable

Addressed first class letter services

(10)

In respect of addressed first class letters, Sweden Post has
a market share which has been stable at slightly more
than [… %] (*) each year between 2005 and 2007,
whether measured in terms of value or of volume (2).
According to Sweden Post, this level of market share
to any significant degree even if
would not differ
referred separately to each of
the possible segments
contemplated (CtC, CtB, BtC, BtB,
that

could be

(1) OJ L 15, 21.1.1998, p. 14.
(*) Confidential information.
(2) Measured by value, the markets shares were [… %] for, respectively,
2005, 2006 and 2007, whereas the corresponding markets shares
measured in terms of volume for the same years were respectively
[… %].

items.

systems

etc.), business

include
e-mail, EDI,
(with information submission,

letters and first class news­
domestic and international,
papers, single items and shipments, sorted and unsorted
shipments, large and small shipments, metropolitan area
and the rest of Sweden (…)) (3). Consequently,
in the
these
the question whether or not all
present case,
segments are part of the same product market can be
left open. However, according to Sweden Post,
the
relevant market to evaluate its markets position against,
would be a larger ‘Messages Market’, which, in addition
to addressed letters of all categories and types, priority
and non-priority newspapers and periodicals as well as
addressed direct mail, would include ‘all electronic alter­
(…)
natives to physical distribution of postal
communication via
Examples
transaction
websites
(which generate
execution,
communication and service applications,
such as e-
invoicing systems) and telephony services (in the form
of SMS and MMS).’ On a market thus defined Sweden
Post would have ‘a limited market share’. According to
Sweden Post there would, in fact, be competitive pressure
from the possibility to substitute ‘traditional’ paper-based
letter services with electronic means of communication
it
(such as e-mail or SMS). In respect of substitution,
should be noted that according to EC competition
rules, substitutability should be analysed inter alia on
the basis of product
the
products and barriers associated with the switching of
the
demand to potential substitutes.
characteristics of paper-based mail and of electronic
communications differ
the
form of communication, the consumption of time of
the
customer preferences.
There are also significant barriers to switching between
paper-based mail and electronic mail (4). This indicates
that electronic communications belong to a different
product market and therefore they cannot exercise a
direct competitive restraint on Sweden Post’s addressed
first class letter services. Furthermore, it would seem that
the main effect of the increased use of electronic mail
would substantially reduce the overall size of the paper-
based mail market, rather than introduce competition
within it (5). Whether there is direct exposure to compe­
tition can therefore not be evaluated using the ‘messages
market’ as reference. Failing that, Sweden Post argues that
the relevant market would be a ‘market for addressed
physical messages’, that is one single market covering
letters (priority and non-
all
priority, express and ‘normal’), addressed direct mail,

significantly in terms of

communication and the

characteristics, price of

forms and categories of

It appears that

(3) See the request, point 3.1, C, p. 25-26.
(4) For instance, roughly one quarter of Swedish households are not
connected to the Internet. Furthermore, the part of the Swedish
population that pays its bills via internet is stated to be ‘slightly
over half’, which, conversely, means that almost half do not do so.
(5) See also the conclusion in the same sense set out in recital 10 of
Commission Decision 2007/564/EC of 6 August 2007 exempting
certain services in the postal sector in Finland, excluding the Åland
the
Islands,
European Parliament
the
procurement procedures of entities operating in the water, energy,
transport and postal services sectors (OJ L 215, 18.8.2007, p. 21).

from the application of Directive 2004/17/EC of
coordinating

the Council

and of

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Official Journal of the European Union

L 19/53

newspapers and periodicals. On the thus defined market,
the market share of Sweden Post for 2007 is stated to be
[… %] in terms of value and [… %] in terms of volume.
Apart from the fact that pricing conditions are widely
different for the different types of services concerned, this
high market share spans over market shares for Sweden
Post varying between [… %] and [… %] in terms of value
and between [… %] and [… %] in terms of volume,
which is not consistent with one single market. The
market for addressed first class letters should therefore
be evaluated separately and the market shares of Sweden
Post on that market are such that, in the absence of any
indications to the contrary, it should be concluded that
the services
letters
examined in this recital are not directly exposed to
competition in Sweden. Therefore Article 30(1) of
Directive 2004/17/EC does not apply to contracts
intended to enable the pursuit of
those activities in
Sweden.

relating to addressed first class

Non-priority letter services in general

in

be

this

should

In respect of non-priority letter services in general as
defined under recital 2(b), first indent, Sweden Post has
an estimated market share of [… %] in 2007 (1) in terms
of value with the largest competitor having a share
amounting to the remaining [… %]. A constant juris­
context (2),
prudence
recalled
according to which ‘very large market shares are in them­
selves, save in exceptional circumstances, evidence of the
existence of a dominant position. That is the situation
when there is a market share of 50 %’. In view of the
high level of concentration [… %] on this market and in
the absence of any other indicators to the contrary,
it
should therefore be concluded that non-priority letter
services in general are not directly exposed to compe­
tition in Sweden. Therefore Article 30(1) of Directive
2004/17/EC does not apply to contracts intended to
enable the pursuit of that activity in Sweden.

Large sorted non-priority shipments elsewhere in Sweden than
in metropolitan areas

large

sorted non-priority

shipments
In respect of
elsewhere in Sweden than in metropolitan areas, as
defined under recital 2(b), third indent, the information
given by Sweden Post states that the ‘market shares of
the players who offer large shipments outside metro­

(11)

(12)

(1) 2005: [confidential] 2006: [confidential].
(2) See point 328 of the judgment of the Court of First Instance (Third
Chamber) of 28 February 2002. Atlantic Container Line AB and
Others v Commission of
the European Communities. Case T-
395/94. European Court reports 2002 Page II-00875.

that

shares of

the market

politan areas are not measured separately, but only as
part of all other mail destined to these areas. This
means
these players are
approximately the same as the market shares for the
players providing first class items which means that
[Sweden Post’s] market share [is] approximately [… %].’
In view of this high level of concentration on this market
and in the absence of any other
indicators to the
contrary, it should be concluded that large sorted non-
priority shipments elsewhere in Sweden than in metro­
politan areas are not directly exposed to competition in
Sweden (3).
of Directive
2004/17/EC does not apply to contracts intended to
enable the pursuit of that activity in Sweden.

Therefore Article

30(1)

(13)

Unaddressed direct mail services

In respect of unaddressed direct mail which for the
purposes of this Decision means unaddressed deliveries
intended as marketing communications, Sweden Post has
an estimated market share of [… %] in terms of value,
with the biggest significant competitor holding [… %],
also in terms of value. However, according to Sweden
Post, the relevant market to evaluate its market positions
‘Advertising Distribution
against, would be a larger
Market’, which,
in addition to unaddressed direct mail
would include ‘other advertising distribution channels,
such as newspaper advertisements, TV and radio adver­
tisements, outdoor advertisements, advertising via the
Internet, sponsoring, etc.’. On a thus defined market,
Sweden Post’s share would be approximately [… %] (4).
The existence of one single, broad market comprising
publicity in various media has, however, already been
examined and rejected in a previous Commission
Decision (5). Whether there is direct exposure to compe­
tition can therefore not be evaluated using the ‘adver­
tising distribution market’ as reference. The market for
unaddressed direct mail
therefore be
examined separately. In view of the high level of concen­
tration on this market,
taking into account also the
constant jurisprudence mentioned in recital 11 and in
the absence of any other indicators to the contrary,
it
should be concluded that unaddressed direct mail services
are not directly exposed to competition in Sweden.
Therefore Article 30(1) of Directive 2004/17/EC does
not apply to contracts intended to enable the pursuit
of that activity in Sweden.

services must

(3) Population density was not considered to be a relevant factor in
reaching the just-mentioned Decision 2007/564/EC concerning
Finland, whose population density — 17,4 inhabitants per km2 as
of 1 January 2007 — is lower than the Swedish population density,
22,2 inhabitants per km2 as of 1 January 2007.

(4) Including its addressed direct mail, which, however, is deemed by
Sweden Post in its request to be part of the addressed physical
message market,
inter alia, the division
of postal services made in the Utilities Directive.’

‘taking into consideration,

(5) See point 11 of Commission Decision of 8 April 2005 (Case No
IV/M.3648 — GRUNER + JAHR/MPS). The media concerned were
publicity in periodicals, television, Radio and internet. See in the
same sense, point 15 of Commission Decision of 24 January
2005 (Case No IV/M.3579 — WPP/GREY), which, inter alia, states
‘… it rather appears that different media types are complementary
rather
since different media can address
than interchangeable,
different audiences in different ways.’

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(14)

Consumer standard parcel services (CtC and CtB), domestic

this

in that

Sweden Post considers that there would be one single
market, called ‘The Sorting Office Processed General
Cargo Market’, for ‘standardised distribution of parcels,
parcel shipments and pallets in national, regional or
global transportation networks’, as these would all have
‘sorting offices for
a common denominator
processing large volumes of goods are a central feature
of the networks.’ On a market thus defined, Swedish Post
the order of [… %].
would have a market share of
However,
spans over widely differing market
shares, varying from [… %] by value for domestic
express parcel services to [… %] by value for domestic
consumer standard parcel services. This is inconsistent
with one single market. Domestic consumer standard
parcel services must therefore be considered apart, as
they satisfy different needs of demand (universal postal
service) in relation to commercial parcels, where the tech­
nological process of providing this service usually differs
significantly. In respect of these services, Sweden Post’s
position is quite strong with an estimated market share
that has remained stable over the period 2005-2007 at
the order of [… %] by value (1). While this may change
in the coming years following the entry of two new
competitors during (late) 2007, it should be concluded
that the category of services examined is not directly
exposed
Therefore
Article 30(1) of Directive 2004/17/EC does not apply
to contracts intended to enable the pursuit of
those
activities in Sweden.

competition

Sweden.

to

in

Outsourcing of internal office services

the individual customers. Apart

(15) According to the information submitted by the Sweden
Post, there would be one single market for outsourcing
of internal office services. As set out under recital 2(l),
this would cover different types of services ranging from
items, e. g.
one or more services relating to postal
to cleaning services.
mailroom management services,
The precise combination of services depends on the
demands of
from all
other considerations concerning the absence of substitut­
ability between as widely differing services as cleaning
services and mailroom management services, both on
the supply side and on the demand side,
it cannot be
ascertained beforehand which services may be grouped
together if one or more customers decide to request
them. A decision as to the legal regime applicable to
outsourcing of internal office services would therefore
entail substantial legal uncertainty. Under these circum­
stances, outsourcing of internal office services as defined

(1) According to a study provided by Sweden Post and accompanying
its request, Sweden Post ‘in fact makes no distinction between the
two types of service. Whether the parcel is C2C or C2B, the service
is provided under the same product name (“Postpaket”). Because of
this close substitutability on the supply-side, it is appropriate to treat
these services as one C2X service.’ This is also consistent with
analysis adopted for Finland in Decision 2007/564/EC.

in the notification from Sweden Post cannot be the
subject of
to Article 30 of
Directive 2004/17/EC as a single category of services.

a decision pursuant

Services

to which Article 30(1) of Directive

2004/17/EC is applicable

Large Sorted Non-Priority Shipments in Metropolitan Areas

(16) As set out under recital 2(b), above, there is a separate
market in Sweden for large sorted non-priority shipments
in metropolitan areas. On this market, Sweden Post’s
market share amounts to [… %] by value in 2007.
Considering
concentration on this
market, where the biggest competitor has obtained a
share estimated at approximately [… %] by value in
2007, these factors should be taken as an indication of
direct exposure to competition.

the degree of

(17)

(18)

BtB standard parcel services, domestic

In respect of domestic BtB standard parcel services,
Sweden Post’s market share amounted to [… %] by
value in 2007. Considering that the estimated aggregate
market shares of the two biggest competitors with regard
to domestic services amount to [… %], and that the
aggregate share of
the three biggest competitors lies
between [… %] by value, there is therefore a not indif­
ferent market share for the three biggest competitors and
it is concluded that the activity is directly exposed to
competition.

BtC standard parcel services, domestic

for domestic

Sweden Post’s market
services
share
amounts to an estimated [… %] by value in 2007
However, at [… %] by value in 2007, the estimated
the biggest competitor amounts to
market share of
about half of that of Sweden Post and at that level
it
can be considered that that competitor would be able to
exert a significant competitive pressure on Sweden Post.
These factors should therefore be taken as an indication
of direct exposure to competition.

Express and courier parcel services, domestic

(19) On this market, Sweden Post had a share by value of […
%] in 2007, while the aggregate market share of the two
biggest competitors amounted to [… %]. These factors
should therefore be taken as an indication of direct
exposure
and
courier parcel services.

to competition of domestic

express

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Official Journal of the European Union

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International parcel services

(20) On the market for international parcel services as defined
under recital 2(h), above, Sweden Post has a market share
by value in 2007 of [… %], whereas the share for its
biggest competitor was at a comparable level at [… %]
and the aggregate share of the two biggest competitors
was almost double that of Sweden Post at [… %]. These
factors should therefore be taken as an indication of
international parcel
direct exposure to competition of
services.

Domestic pallet services (also called light goods services)

(21) On the market for domestic pallet services as defined
under recital 2(i), above, Sweden Post has an estimated
market share of [… %]. According to the information
supplied by Sweden Post ‘… the market is dominated
by DHL, Schenker, DSV and [Sweden Post], with
[Sweden Post] and DSV competing for third place. In
addition, there are both local and nationwide haulage
firms which offer transportation of pallets. There are
some 14 000 companies
in
is not possible to say how many of
Sweden and it
them also include a pallet
service in their product
range.’ These factors should therefore be taken as an
indication of direct exposure to competition.

in the transport sector

for philatelic

operators and foreign, mainly Nordic, post operators.
However, the philately market is not limited to stamps
offered by post operators but also comprises sales of
stamps through auctioneers, stamp traders and sales on
the Internet through different sales- and auction sites.
Sweden Post’s estimated market share on the overall
in Sweden, whether
market
services
provided by dealers or auction houses,
is estimated at
[… %], auctioneers hold a joint market share of […
%], stamp traders jointly [… %], sales on the Internet
jointly [… %] and other post operators in Sweden […
%] all together. The estimated aggregate shares of the
three largest auctioneers ([… %])
is somewhat greater
than that of Sweden Post. These
should
therefore be taken as an indication of direct exposure
to competition for philatelic
the
market considered is the overall market or the separate
stamp-dealing market and the stamp auction market.

services, whether

factors

IV. CONCLUSIONS

(24)

In view of the factors examined in recitals 2 to 23, the
condition of direct exposure to competition laid down in
Article 30(1) of Directive 2004/17/EC should be
considered to be met
the
following services:

in Sweden in respect of

(a)

large sorted non-priority shipments in metropolitan
areas;

(b) domestic
services;

standard business

to business parcel

Third and fourth party logistics

(c) domestic standard business

to consumer parcel

(22) On the market for third and fourth party logistics as
defined under recital 2(k), Sweden Post’s market share
less than [… %], with ‘a large
is fairly negligible at
number of Swedish and international players operating
on the Swedish market, such as DHL, Schenker, DSV and
Green Cargo.
In addition, there are companies which
were originally in the shipping and forwarding industry
with their own global networks, such as Maersk and
Tradimus’, according to the information supplied by
Sweden Post. This can therefore be taken as an indication
of direct exposure to competition.

Philatelic services

(23)

For the purposes of this Decision, philatelic services are
defined as ‘sales of stamps and stamp related products
mainly to collectors of stamps and, to a limited extent, to
gift- and souvenir buyers.’ According to the information
company
given, Sweden Post
that
the
continuously issues new stamps
in Sweden. Other
players that offer newly issued stamps on the philately
market in Sweden are locally established Swedish post

largest

is

services;

(d) domestic express and courier parcel services;

(e) domestic pallet

services

(also called light goods

services);

(f)

third and fourth party logistics;

(g) philatelic services; and

(h)

international parcel services.

(25)

Since the condition of unrestricted access to the market
is deemed to be met, Directive 2004/17/EC should not
apply when contracting entities award contracts intended
to enable the services listed in points (a) to (h) of recital
in Sweden, nor when design
24 to be carried out
contests are organised for
such an
activity in Sweden.

the pursuit of

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(26)

This Decision is based on the legal and factual situation
as of June to September 2008 as it appears from the
information submitted
the
by
Kingdom of Sweden. It may be revised, should significant
changes in the legal or factual situation mean that the
conditions
the applicability of Article 30(1) of
Directive 2004/17/EC are no longer met,

Sweden Post

and

for

HAS ADOPTED THIS DECISION:

Article 1

Directive 2004/17/EC shall not apply to contracts awarded by
contracting entities and intended to enable the following
services to be carried out in Sweden:

(a)

large sorted non-priority shipments in metropolitan areas;

(b) domestic standard business to business parcel services;

(c) domestic standard business to consumer parcel services;

(d) domestic express and courier parcel services;

(e) domestic pallet services (also called light goods services);

(f)

third and fourth party logistics;

(g) philatelic services; and

(h)

international parcel services.

Article 2

This Decision is addressed to the Kingdom of Sweden.

Done at Brussels, 19 December 2008.

For the Commission

Charlie McCREEVY
Member of the Commission