ANNEX XVIII - LIST OF UNION LEGAL ACTS REFERRED TO IN ARTICLE 96, POINT 3

Directive 2009/33/EC of the European Parliament and of the Council.

Rights which have been granted by means of a procedure in which adequate publicity has been ensured and where the granting of those rights was based on objective criteria shall not constitute ‘special or exclusive rights’ within the meaning of this Directive. The following lists procedures, ensuring adequate prior transparency, for granting authorizations on the basis of other legislative acts of the Union which do not constitute ‘special or exclusive rights’ within the meaning of this Directive:

a) Granting authorization to operate natural gas installations in accordance with the procedures laid down in Article 4 of Directive 2009/73/EC;

b) Authorization or an invitation to tender for the construction of new electricity production installations in accordance with Directive 2009/72/EC;

c) The granting in accordance with the procedures laid down in Article 9 of Directive 97/67/EC of authorizations in relation to a postal service which is not or shall not be reserved;

d) A procedure for granting an authorization to carry on an activity involving the exploitation of hydrocarbons in accordance with Directive 94/22/EC;

e) Public service contracts within the meaning of Regulation EC) No 1370/2007 for the provision of public passenger transport services by bus, tramway, rail or metro, which have been awarded on the basis of a competitive tendering procedure in accordance with its Article 53), provided that its length is in conformity with Article 43) or 4) of that Regulation.