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C 273/12 EN Official Journal of the European Communities 2.9.



Notice to contracting entities in the telecommunications sector
(98/C 273/07)
(Text with EEA relevance)

Commission notice inviting contracting entities in the The Commission will include, among the factors indi-
telecommunications sector to notify the Commission, cating the existence of a situation of effective
under Article 8(2) of Council Directive 93/38/EEC of competition, the the progress made by Member States in
14.Ø6.Ø1993, co-ordinating the procurement procedures of implementing the legislative framework underpinning the
entities operating in the water, energy, transport and full liberalization of telecommunications markets and the
telecommunications sectors, of any telecommunications competitive provision of telecommunications services,
services they regard as excluded from the scope of the having due regard, in this context, to the emergence of
directive. new services and the increasing convergence of telecom-
munications, the media and information technology.
The Commission hereby invites contracting entities in
the telecommunications sector to notify it of any services
The contracting entities concerned are therefore invited
they regard as excluded from the scope of Directive
to provide the Commission with all the relevant specific
93/38/EECØ(Î), pursuant to Article 8(1) thereof, on the
data, relating in particular to the characteristics of the
ground that other entities are free to offer the same
services in question, the existence of alternative services,
services in the same geographical area and substantially
and market conditions (particularly prices), on the basis
under the same conditions.
of which they request Article 8 to be applied. To that
The replies made by the contracting entities, under end they are asked to specify the data on which their
Article 8(2) of the directive, will be examined by the declaration under Article 8 is based. For example, it
Commission with a view to allowing those entities to be would be desirable to have relevant information on the
exempted from the directive in respect of the purchases main categories of telecommunications services covered
they make for the purpose of providing telecommuni- by the declaration and on the number of competitors
cations services under conditions of effective offering or capable of offering the services concerned.
The contracting entities are also invited to indicate
In assessing competitive conditions in the markets whether any of the information supplied is regarded as
referred to in the operators’ replies, the Commission will commercially sensitive.
base its analysis on the factors indicating the existence,
as a matter of law and of fact, of a competitive situation
Once the Commission has examined the declarations
as mentioned by the Court of Justice of the European
made in response to this notice, it will publish in the
Communities in its judgment of 26.Ø3.Ø1996 in Case
Official Journal of the European Communities, for
C-392/93 ‘The Queen v. H.ØM.ØTreasury, ex-parte
information, a list of the services it considers to be
British Telecommunications plc.’Ø(Ï) in connection with
excluded under Article 8.
the interpretation of the same article in an earlier
Declarations made in response to this notice should be
sent, no later than 5 weeks after the date of its publi-
(Î)ÙOJ NoØLØ199, 9.Ø8.Ø1993, p. 84. Directive amended by cation, to the following address:
European Parliament and Council Directive 98/4/EC of
16.Ø2.Ø1998 (OJ NoØLØ101, 1.Ø4.Ø1998, p.Ø1). European Commission, Directorate-GeneralØXV/B/4,
(Ï)Ù[1996] ECR I-1631. avenue Cortenberg 10, B-1040 Bruxelles,
(Ð)ÙCouncil Directive 90/531/EEC of 17.Ø9.Ø1990 on the
procurement procedures of entities operating in the water,
energy, transport and telecommunications sectors (OJ LØ297, at the latest 5 weeks after the date of publication of this
29.Ø10.Ø1990, p.Ø1). notice.