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Exempt markets

Specific utilities markets in certain countries may be exempted from public procurement rules. This page contains information on which markets in which EU countries have been exempted, as well as the state of play regarding pending requests for exemption.

Detailed rules for the application of the exemption procedure

Exemption requests should be sent by email to GROW-ART-34atec [dot] europa [dot] eu (GROW-ART-34[at]ec[dot]europa[dot]eu).

Applicants are strongly encouraged to informally submit their application to the Commission for a first review. This ensures a smoother and ultimately quicker process once the application is formally submitted.

When can a utility market be exempted from EU public procurement rules?

Utilities (water, energy, transport and postal services) are essential for the smooth functioning of our economy and social development. In principle, utilities must respect EU public procurement rules (make their purchases through public tenders). This requirement can however be in an EU country (or part of it) by a Commission implementing decision if 2 conditions are fulfilled

  • access to the market is not restricted in the concerned sector 
  • the activity is directly exposed to competition 

A new implementing decision adopted under the EU Procurement Directive for Utilities (Directive 2014/25/EU) defines how EU countries or utilities can make their request for exemption for an activity not to be submitted to EU public procurement rules anymore. This decision includes what information must be supplied, how transparency should be ensured through notices in the Official Journal about requests throughout the procedure, etc.

This implementing decision facilitates requests for exemption by providing a template for the information to be provided on the market to be exempted and on its exposure to competition, which must both be supported by appropriate empirical evidence.

Until now, the Commission has received more than 50 formal exemption requests.

Legal reference

On 10 October 2016, the Commission adopted Implementing Decision (EU) 2016/1804. This Decision is published in the Official Journal of the European Union of 10 October 2016, number L 275, p. 39. It sets out 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.

Postal services

Energy

Ports and airports

Transport