Water concession and water demarcation agreements; notification
Water concession contracts or water demarcation contracts must be notified.
Contracts of the utilities sector pursuant to Section 31 (1) Nos. 1, 2 and 4 ARC which regulate the public supply of water, as well as amendments and additions thereto, require notification to the competition authority in order to become effective. The notification criteria set out in Section 31a (1) ARC must be observed.
Contracts are to be notified separately in each case. Notification by one of the contracting parties is sufficient. A notification form is not prescribed.
The notification must contain the following information:
- the names and addresses of the contracting parties
- the date of the contract,
- the content of the contract, or at least
- the exclusive agreements or other agreements of the kind referred to in Sections 31 and 31a of the ARC contained in the contract,
- all agreements regarding the term of the contract, in particular the beginning and end of the contract, any extensions of the contract and periods of notice as well as; ,
- Contracting parties and contract date of the contract replaced by the notified contract
Elements of the contract which are significant from an antitrust point of view (including site plans, area maps, etc.) are to be enclosed.
Since the concrete text of the contract is decisive for the antitrust assessment, it must be evident from the notification. Therefore, the contractual agreements mentioned above may not be paraphrased, but must be notified in their full wording. If only the agreements of competitive significance are communicated from the entire contract, it must be clear where in the contract the provision is to be found (indication of the relevant section or other subdivision of the contract).
- Fees for the registration of contracts according to § 31, 31a GWB between € 150 and approx. € 1,500 (depending on the size of the contract area or the scope of supply).
Pursuant to Section 73 (1) of the ARC, an appeal may be lodged with the Bavarian State Ministry of Economic Affairs, Regional Development and Energy as the Land cartel authority within a period of one month beginning with the notification of the decision.
Responsible for editing: Bayerisches Staatsministerium für Wirtschaft, Landesentwicklung und Energie
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