EFTA Surveillance Authority (ESA) adopted on 22 May 2012 a Decision as to the possibility of granting exemption from the application of Directive 2004/17/EC coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors. The decision is taken after a request received on 24 January 2012 from four electricity producers (Akershus Energi Vannkraft AS, E-CO Energi AS, EB Kraftproduksjon AS and Østforld Energi AS). In its decision, ESA decides that Directive 2004/17/EC on public procurement procedures "shall not apply to contracts awarded by contracting entities and intended to enable the activities of production and wholesale of electricity in Norway."
The decision is available here.
The decision will be further commented on this blog.