2004/73/EC: Commission Decision of 15 January 2004 on a request from Germany to apply the special procedure laid down in Article 3 of Directive 93/38/EEC (Text with EEA relevance) (notified under document number C(2003) 5351)

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

Article 1

The exploitation of geographical areas in Germany for the purpose of exploring for or extracting oil, gas, coal or other solid fuels shall not, as from 15 January 2004, be considered to be an activity defined in Article 2(2)(b)(i) of Directive 93/38/EEC.

Contracting authorities shall not be considered as operating under special or exclusive rights within the meaning of Article 2(3)(b) of Directive 93/38/EEC by virtue of carrying on such activities.

Article 2

1. This Decision is based on the legal and administrative provisions in force in Germany on 15 January 2004, which implemented Directive 94/22/EC and Article 3 of Directive 93/38/EEC, and of which the Commission has been notified.

2. Germany shall notify the Commission of legal and administrative provisions amending the legal and administrative provisions referred to in paragraph 1 as soon as they have been adopted, so that the Commission will be able to examine whether this Decision should be upheld, amended or withdrawn.

Article 3

This Decision is addressed to the Federal Republic of Germany.

Done at Brussels, 15 January 2004.

For the Commission

Frederik Bolkestein

Member of the Commission

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

(2) OJ L 285, 29.10.2001, p. 1.

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

(4) On 15 November 1991, Germany had initially made an application under Article 3 of Directive 90/531/EEC that the Commission had to reject because it was incomplete. The rule on legal protection set out in Section 57a of the Budgetary Principles Act (Haushaltsgrundsätzegesetz) was not deemed adequate for granting effective legal protection. This provision was not amended until 1998, with the adoption of part 4 of the Restriction of Competition Act (Gesetz gegen Wettbewerbsbeschränkungen).

(5) OJ L 297, 29.10.1990, p. 1.

(6) Federal Official Journal (Bundesgesetzblatt - BGBl.) I, p. 2512.

(7) BGBl. I p. 1310.

(8) OJ C 294, 22.10.1994, p. 11.

(9) OJ C 67, 18.3.1995, p. 7.