L 78/28 Official Journal of the European Union 17.3.2007 COMMISSION COMMISSION DECISION of 16 March 2007 establishing that Article 30(1) of Directive 2004/17/EC of the European Parliament and of the Council coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors applies to certain courier and parcel services in Denmark (notified under document number C(2007) 840) (Only the Danish text is authentic) (Text with EEA relevance) (2007/169[EC) 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 (), and in particular Article 30(4) and (6) thereof, Having regard to the request submitted by the Kingdom of Denmark by e-mail of 20 November 2006, and to the addi- tional information requested by Commission staff by e-mail of 8 December 2006 and submitted by the Danish authorities by e-mail of 22 December 2006, Having regard to the conclusions of the independent national authority, Konkurrencestyrelsen (the Danish Competition Authority), that the conditions for the applicability of Article 30(1) of Directive 2004/17/EC would be met, Whereas: (1)  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 charac- teristics of the sector concerned. Access is deemed to be () O] L 134, 30.4.2004, p. 1. Directive as last amended by Council Directive 2006/97/EC (O] L 363, 20.12.2006, p. 107). unrestricted if the Member State has implemented and applied the relevant Community legislation opening a given sector or a part of it. (2)  This legislation is listed in Annex XI of Directive 2004/17[EC, which, in the case of postal services, refers to Directive 97/67[EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market of Community postal services and the improvement of quality of service (). (3)  Under Article 62(2) of Directive 2004/17/EC, Title III of that Directive setting out the rules on service design contests does not apply to contests organised for the pursuit, in the Member State concerned, of an activity to which the applicability of Article 30(1) of the Directive has been established by a Commission decision or has been deemed applicable under the second or third subparagraph of Article 30(4) or the fourth subparagraph of Article 30(5). (4)  The request submitted by the Kingdom of Denmark concerns certain courier and parcel services in Denmark. More precisely, the services concerned can be described as Business to Business (BtB) parcel services, domestic and international; light goods/pallet goods services, domestic and international; as well as courier (®» OJ L 15, 21.1.1998, p. 14. Directive last amended by Regulation (EC) No 1882/2003 (O] L 284, 31.10.2003, p. 1).