Skip to main content
European Commission logo
en
Business, Economy, Euro
Internal Market, Industry, Entrepreneurship and SMEs

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

Postal and other services in Estonia
Postal services in Slovakia
Express parcel delivery services in Lithuania

• Exemption decision 2023/1228/EU (7 June 2023)

Postal services in Denmark
Courier and parcel services in Denmark
Postal services in Croatia
Postal services in Greece
  • Exemption requested on 6 June 2019 (2020/C53/08)
  • Suspension of the period for adoption of implementing acts (2020/C 64/14)
Courier services and other services than postal in Poland
Postal services in Hungary
Certain financial services in the postal sector in Hungary
Domestic parcel logistic services in Hungary
Postal services in Austria
Certain postal services (parcels) in Austria
Certain financial services in the postal sector in Italy
Express and courier services in Italy
Mail service management in Italy

• Exemption decision 2023/264/EU (18 January 2023)

Postal services in Sweden
Postal services in Finland excluding the Åland Islands

Energy

Electricity generation and wholesale in Belgium
  • Exemption decision 2025/C 1381 (13 March 2025)
  • Correcting Commission Implementing Decision (EU) 2025/2277 (13 November 2025)
  • Order of the General Court of 7 May 2026 in case T-364/25 - Luminus v Commission
  • Order of the General Court of 7 May 2026 in case T-368/25 - Engie and Electrabel v Commission
Extraction of crude oil and natural gas in Romania

• Exemption decision 2022/1296/EU (1 July 2022)

Production and wholesale of electricity in Lithuania
Retail of electricity and gas in the Netherlands
Production and wholesale of electricity in the Netherlands
Exploration for and exploitation of oil and gas in the Netherlands
Retail of electricity and gas in Germany
Generation and wholesale of electricity from renewable sources in Germany

• Exemption decision 2023/1978/EU (21 September 2023)

Production and wholesale of electricity in Germany
Exploration for oil and gas in Portugal
Exploration for oil and gas in Greece
Production and wholesale of electricity in Poland
Production and wholesale of electricity in Poland
Exploration for oil and gas in Cyprus
Electricity production in the Czech Republic
Exploration for and extraction of coal in the Czech Republic
Retail of electricity and gas in the Czech Republic
Gas storage in the Czech Republic
Exploration for oil and gas and extraction of oil in Denmark
Generation and wholesale of electricity in Denmark

• Exemption decision 2022/1376/EU (26 July 2022)

Exploration for and extraction of oil and gas in Denmark
Exploration for oil and gas and extraction of oil in Italy
Production and wholesale of electricity in Italy
Production and wholesale of electricity from renewable sources in Italy
Exploration for and extraction of oil and gas in Italy
Production and sale of electricity in Italy
Production and sale of electricity in Spain
Production of electricity in Austria
Production and sale of electricity in Sweden
Supply of electricity and gas in England, Scotland and Wales
Exploration for and exploitation of oil and gas in England, Scotland and Wales
Electricity generation in England, Scotland and Wales
Exploration or extraction of fuel peat in Finland
Production and sale of electricity in Finland, excluding the Åland Islands

Ports and airports

Provision of airports in Austria
Provision of commercial services in Helsinki airport

Transport

Railway passenger transport in Sweden
Bus services in Austria
Railway freight transport in Slovenia