ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of October 1, 2025 No. 642

About approval of the Procedure of ascertaining of whether certain type of activity directly is open for the competition

This resolution partially shifts parts (1) and (2) Article 1 and partially Appendix I of the Executive decision (EU) 2016/1804 of the Commission of October 10, 2016 about rules of application of Articles 34 and 35 of the Directive 2014/25/EU of the European parliament and Council about purchases by the organizations performed activities in sectors of water resources, power, the transport and mail services published in the Official magazine of the European Union by L 275 of October 12, 2016, CELEX shifts: 32016D1804.

1. Approve the Procedure of ascertaining of whether certain type of activity directly is open for the competition it (is applied).

2. This resolution becomes effective from the date of publication in the Official monitor of the Republic of Moldova.

Approved by the Order of the Government of the Republic of Moldova of October 1, 2025 No. 642

The procedure of ascertaining of whether certain type of activity directly is open for the competition

2. For preparation of the statement the buying subject beforehand requests the conclusion of Competition council concerning ascertaining of whether certain type of activity directly is open for the competition in the market with unrestricted access.

3. The competition council sends to the buying subject the conclusion within 30 days from the date of receipt of all information necessary for assessment of whether the related activity directly is open for the competition.

4. The regulating industry bodies shall in time, established by Competition council, but at least five days, to provide the relevant information necessary for issue of the conclusion.

5. After receipt of the conclusion of Competition council the buying subject has the right to direct the application to the central industry body providing realization of state policy in the field of activities of the buying organization (further - the central industry body) for initiation of the procedure of ascertaining of whether certain type of activity directly is open for the competition.

6. The statement containing information provided in appendix, and accompanied with the conclusion of Competition council goes in electronic form or, in appropriate cases, by means of other means of communication to the central industry body.

7. The central industry body develops the draft of the order of the Government about ascertaining of whether certain type of activity directly is open for the competition.

8. The draft of the order of the Government provided in Item 7, is developed and provided by the central industry body to the Government for approval within 60 days from the date of receipt of the statement of the buying subject.

9. In case of withdrawal of the statement the buying subject the central industry body stops the procedure of ascertaining of whether certain type of activity directly is open for the competition, and does not take additional actions.

10. In case of disagreement of the buying subject with the order of the Government about ascertaining of whether certain type of activity directly is open for the competition in the market with unrestricted access, the organization has the right to appeal it in degree of jurisdiction.

13. The central industry body performs monitoring of development of the corresponding market and access to it, and in case of detection of changes of the circumstances which formed the basis for ascertaining of whether certain type of activity directly is open for the competition, develops and provides to the Government within 60 days the draft of the resolution on recognition voided the relevant act.

Appendix

to the Procedure of ascertaining of whether certain type of activity directly is open for the competition

The statement for ascertaining of whether certain type of activity directly is open for the competition

1. General information about the buying subject

The name, single state identification number (IDNO), the address, number of the phone/fax, the e-mail address and the official website of the buying subject, the contact person and phone number and/or the e-mail address, the status of the buying subject and main type of its activities, the list of the affiliated companies and subject/sort of their activities.

2. The description of the activities specified in this statement

2.1. The detailed description of activities concerning which application of provisions of article 261 of the Law No. 74/2020 on purchases in sectors of power, water resources, transport and mail services is requested.

2.2. The description of activities shall include specific subject of the performed economic activity with indication of whether it is part of wider sector or represents separate type of activity and whether these activities at the national level, in certain geographical zone (regional or local) or only regarding wider sector are performed.

3. Corresponding market

3.1. Corresponding market of goods/services

Determine the corresponding commodity market or the services which are subject of the statement, considering the following factors:

3.1.1. characteristics of the corresponding goods / services (functional, technical, operational);

3.1.2. degree of interchangeability of goods or services from the point of view of demand or supply;

3.1.3. information on elasticity of the demand and supply, price distinctions, transition costs, consumer preferences, and also the classifications put into practice;

3.1.4. the goods or services directly or indirectly affected by demand and which are considered interchanged in the competitive analysis;

3.1.5. the arguments and empirical proofs proving the offered determination (market researches, statistical data, industry analyses, etc.).

3.2. The corresponding geographical market -

expanded territorial or national

Determine the corresponding geographical market in which activities are performed, considering:

3.2.1. geographical zone / geographical zones in which are registered the demand and supply concerning the related activity;

3.2.2. availability of homogeneous conditions of the competition in the corresponding territory;

3.2.3. availability or lack of barriers of access to the markets;

3.2.4. consumer preferences, price distinctions and market shares in the different territories;

3.2.5. transportation expenses and other elements which can distinguish the corresponding territory from the neighboring regions;

3.2.6. if the geographical market goes beyond the national territory, this conclusion will be justified by objective data.

3.3. The corresponding geographical market - subnational (regional / local)

Determine whether activities only regarding the national territory, at regional or local level, are performed way:

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info