Notice concerning a request pursuant to Article 35 of Directive 2014/25/EU Request made by a Contracting Entity 2020/C 196/10
Date: 2020-06-11
Institutions: Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, European Commission
Subjects: Italy, award of contract, electrical energy, energy production, renewable energy, renewable resources, wholesale trade








C_2020196EN.01004501.xml










11.6.2020   


EN


Official Journal of the European Union


C 196/45






Notice concerning a request pursuant to Article 35 of Directive 2014/25/EU
Request made by a Contracting Entity
(2020/C 196/10)
On 3 December 2019, the Commission received a request in accordance with Article 35 of Directive 2014/25/EU of the European Parliament and of the Council (1). The first working day following receipt of the request is 4 December 2019.
This request is made by ENEL Green Power and concerns activities relating to the generation and wholesale of electricity from renewable sources in Italy.
Article 34 of Directive 2014/25/EU provides that ‘contracts intended to enable an activity mentioned in Articles 8 to 14 to be carried out shall not be subject to this Directive if the Member State or the contracting entities having introduced the request pursuant to Article 35 can demonstrate that, in the Member State in which it is performed, the activity is directly exposed to competition on markets to which access is not restricted; nor shall design contests that are organised for the pursuit of such an activity in that geographic area be subject to this Directive’. The assessment of direct exposure to competition that can be carried out in the context of Directive 2014/25/EU is without prejudice to the full-fledged application of competition law.
The Commission is allowed a period of 105 working days to take a decision on this request, commencing on the working day referred to above. The initial period therefore expired on 29 April 2020.
Pursuant to Annex IV, point 2, of Directive 2014/25/EU, the Commission may require the Member State or the contracting entity concerned or the competent independent national authority or any other competent national authority to provide all necessary information or to supplement or clarify information given within an appropriate time limit. On 6 February 2020, the Commission asked the Italian authorities to provide additional information by 20 February at the latest. The reply of the Italian authorities was received on 6 March 2020.
In the light of the current context and the effects of the COVID-19 pandemics, the Applicant and the Commission agreed that the Commission Decision should be adopted by 15 July 2020.
According to Article 35(5) of Directive 2014/25/EU, further requests concerning the same activity in Italy submitted before the expiry of the period opened in respect of this request shall not be considered as new procedures and shall be treated in the context of this request.


(1)  Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement procedures by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).