19.9.2008 Official Journal of the European Union L 25135 (Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory) DECISIONS COMMISSION COMMISSION DECISION of 11 September 2008 establishing that Article 30(1) of 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 is not applicable to the production and wholesale of electricity in Poland (notified under document number C(2008) 4805) (Only the Polish text is authentic) (Text with EEA relevance) (2008/741EC) 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(4) and (6) thereof, Having regard to the request submitted by the Republic of Poland by a letter received on 19 May 2008, After consulting the Advisory Committee for Public Contracts, Whereas: L. FACTS (1)  On 19 May 2008, the Commission received a Polish request pursuant to Article 30(4) of Directive 2004/17[EC, transmitted to the Commission by letter. The Commission requested additional information by e- mail of 11 July 2008, which was transmitted by the Polish authorities by e-mail of 28 July 2008, after the end of the deadline set for answering. (2)  The request submitted by the Republic of Poland concerns production and wholesale of electricity. () OJ L 134, 30.4.2004, p. 1. G) ) ) 0] 0 The request is introduced, and thus endorsed, by the independent national authority, (Urzgedu Regulacji Ener- getyki, the Polish energy regulatory office). II. LEGAL FRAMEWORK Article 30 of Directive 2004/17/EC provides that contracts intended to enable the performance of one of the activities to which the Directive applies shall not be subject to the Directive if, in the Member State in which it is carried out, the activity is directly exposed to compe- tition on markets to which access is not restricted. Direct exposure to competition is assessed on the basis of objective criteria, taking account of the specific characte- ristics of the sector concerned. Access is deemed to be unrestricted if the Member State has implemented and applied the relevant Community legislation opening a given sector or a part of it. This legislation is listed in Annex XI of Directive 2004/17[EC, which, for the elec- tricity sector, refers to Directive 96/92/EC of the European  Parliament and of the Council of 19 December 1996 concerning common rules for the internal market in electricity (). Directive 96/92/EC has been superseded by Directive 2003/54/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in electricity and repealing Directive 96/92[EC (}), which requires an even higher degree of market opening. L 27, 30.1.1997, p. 20. L 176, 15.7.2003, p. 37.