L 156/10 Official Journal of the European Union 24.5.2014 DECISIONS COMMISSION IMPLEMENTING DECISION of 22 May 2014 exempting certain services in the postal sector in Hungary from the application 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 and repealing Directive 2004/17/EC (notified under document C(2014) 3372) (Only the Hungarian text is authentic) (Text with EEA relevance) (2014/299/EU) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procure- ment procedures of entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (!), and in particular to Article 34 thereof, Whereas: I. FACTS (I)  On the 21 November 2013 Magyar Posta Zrt. (hereinafter referred to as Magyar Posta) transmitted to the Commission, by e-mail, a request pursuant Article 30(5) of Directive 2004/17/EC of the European Parliament and of the Council (3. In accordance with the first subparagraph of Article 30(5) of that Directive, the Commis- sion informed Hungary thereof by e-mail of 13 December 2013. The Commission requested additional informa- tion from Hungary by e-mails of 6 February 2014, and from the applicant by e-mails of 28 January 2014, 20 February 2014, 11 March 2014, 13 March 2014 and 25 March 2014. Additional information was received from Hungary by e-mail of 26 February 2014, and from the applicant by e-mails of 19 February 2014, 4 March 2014, 18 March 2014, 24 March 2014 and 27 March2014 respectively. (2)  The request concerns certain services provided by Magyar Posta on the territory of Hungary. The services concerned are described as follows in the request: (a) services related to unaddressed advertising publications; (b) services related to distribution of subscribed newspapers and periodical publications. II. LEGAL FRAMEWORK (3)  Article 34 of Directive 2014/25/EU, which replaced Directive 2004/17/EC, provides that contracts intended to enable the performance of one of the activities to which Directive 2014/25/EU applies shall not be subject to that Directive if, in the Member State in which it is carried out, the activity is directly exposed to competition in markets to which access is not restricted. Direct exposure to competition is assessed on the basis of objective () OJL94,28.3.2014,p. 243. (%) 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 (OJ L 134, 30.4.2004, p. 1).