| | Preamble toCommission 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)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
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(6) thereof,
Whereas:
(1) In order to ensure legal certainty, notices should be published in the Official Journal of the European Union concerning the opening of a procedure under Article 30 of Directive 2004/17/EC, the extension of the period allowed to the Commission and the applicability of Article 30(1) on expiry of that period. It is also necessary to stipulate the information to be contained in such notices.
(2) In view of the strict time-limits laid down for the conduct of the procedure under Article 30 of Directive 2004/17/EC, it is necessary to provide that requests concerning the applicability of Article 30(1) must include information which is useful and relevant to the evaluation of the request. To this end, a list should be drawn up of the information to be contained in such requests and of other practical procedures relating to them. The conditions laid down in Article 30(1) are to be evaluated solely for the purposes of Directive 2004/17/EC and must be without prejudice to the application of the rules on competition.
(3) The measures provided for in this Decision are in accordance with the opinion of the Advisory Committee for Public Contracts,
HAS ADOPTED THIS DECISION:
[1] OJ L 134, 30.4.2004, p. 1. Directive as amended by Commission Regulation (EC) No 1874/2004 (OJ L 326, 29.10.2004, p. 17). |
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