EN
22.7.2022
Official Journal of the European Union
L 195/95
COMMISSION IMPLEMENTING DECISION (EU) 2022/1286 of 15 July 2022 on the applicability of Article 34 of Directive 2014/25/EU of the European Parliament and of the Council to the award of contracts to pursue the retail supply of electricity and gas to small customers in the Netherlands (notified under document C(2022) 4872) (Only the Dutch text is authentic) (Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (1), and in particular Article 35(3) thereof,
After consulting the Advisory Committee for Public Contracts,
Whereas:
1.
FACTS
(1)
The measures provided for in this Decision are in accordance with the opinion of the Advisory Committee for Public Contracts.
(2)
On 30 January 2017, Eneco B.V. (‘Eneco’) and N.V. Nuon Energy (‘Nuon’) submitted to the Commission a request pursuant to Article 35(1) of Directive 2014/25/EU (‘the request’).
The request complies with the formal requirements set out in Article 1(1) of Commission Implementing Decision (EU) 2016/1804 (2) and in Annex I to that Implementing Decision.
(3)
The shares in Nuon are fully held by Vattenfall AB, a non-listed company owned by the Swedish State.
As a result, Nuon is considered as a contracting entity within the meaning of Article 4(2) of Directive 2014/25/EU.
Following a change in ownership in March 2020 (the company, previously owned by local governments in the Netherlands, was sold to a joint venture composed by Mitsubishi Corporation and Chubu Electric Power), Eneco is no longer considered as a contracting entity.
(4)
The request concerns the activities of retail supply of electricity to small customers (households as well as small industrial and commercial users connected to the low-voltage grid with a connection with a maximum connection capacity of no more than 3 * 80A) and retail supply of gas to small customers (households and small businesses connected to the gas network with a maximum connection capacity of no more than 40 m3).
(1) OJ L 94, 28.3.2014, p. 243.
(2) 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 (OJ L 275, 12.10.2016, p. 39).