2002/205/EC: Commission Decision of 4 March 2002 following a request by Austria applying for the special regime provided for in Article 3 of Directive 93/38/EEC (Text with EEA relevance) (notified under document number C(2002) 684)

• CELEX: Directive 93/38/EEC
• Articles: 3

Article 1

From 4 March 2002 the exploitation of geographical areas for the purpose of exploring for or extracting oil or gas shall not be considered in Austria as an activity defined in Article 2(2)(b)(i) of Directive 93/38/EEC.

Entities carrying on such an activity shall not be considered in Austria as operating under special or exclusive rights within the meaning of Article 2(3)(b) of the Directive.

Article 2

1. This Decision is taken on the basis of the provisions adopted by Austria as of 4 March 2002 in order to implement Directive 94/22/EC and Article 3 of Directive 93/38/EEC and communicated to the Commission.

2. Austria shall notify to the Commission any laws, regulations or administrative provisions amending the rules referred to in paragraph 1 as soon as they are adopted in order to enable it to assess if it is appropriate to amend, withdraw or maintain this Decision.

Article 3

This Decision is addressed to the Republic of Austria.

Done at Brussels, 4 March 2002.

For the Commission

Frederik Bolkestein

Member of the Commission

(1) OJ L 199, 9.8.1993, p. 84.

(2) OJ L 101, 1.4.1998, p. 1.

(3) OJ L 164, 30.6.1994, p. 3.

(4) The request was originally based on section 86 of the Bundesvergabegesetz 1997.

(5) BGBl. 259/1975.

(6) BGBl. I 38/1999.

(7) The provisions concerning the prospection and production of oil and gas are - as they are of relevance for the present situation - unchanged in relation to the Berggesetz 1975.

(8) OJ C 237, 12.9.1995, p. 16.

(9) BGBl. I 56/1997.