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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 procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/ECnote, and in particular Article 35(3) thereof,After consulting the Advisory Committee for Public Contracts,Whereas:
HAS ADOPTED THIS DECISION:
Article 1#
Directive 2014/25/EU shall not apply to the award of contracts by contracting entities and intended to enable the following activities to be carried out in Germany:
—electricity generation and wholesale from renewable electricity plants subject to direct marketing with legally determined value applicable (provided that the plant-specific applicable value is lower than the market value (or a corresponding but forward-looking Power Purchase Agreement index) for 12 consecutive months),
—electricity generation and wholesale from renewable electricity plants subject to direct marketing with applicable value determined through tenders,
—electricity generation and wholesale from renewable electricity plants subject to other direct marketing,
—electricity generation and wholesale from post-subsidised old renewable electricity plants.
Article 2#
Directive 2014/25/EU shall continue to apply to the award of contracts by contracting entities and intended to enable the following activities to be carried out in Germany:
—renewable electricity generation and wholesale from renewable electricity plants subject to a fixed feed-in tariff,
—renewable electricity generation and wholesale from renewable electricity plants subject to the tenant electricity surcharge.
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