1. This Act shall not apply to contracts of contracting entities, if, pursuant to the procedure set out in Articles 34 and 35 of Directive 2014/25/EU, the European Commission has established that the public service activity concerned is directly exposed to competition on a market to which access is not restricted or the Commission has not issued any decision thereon within the time limit for decision-making.
2. The procedure of the European Commission shall be governed by Article 35, Annex IV of Directive 2014/25/EU, as well as Commission Implementing Decision (EU) 2016/1804 of 10 October 2016 on the detailed rules for the application of Articles 34 and 35 of Directive 2014/25/EU of the European Parliament and of the Council on procurement by entities operating in the water, energy, transport and postal services sectors. The initiation of the procedure of the European Commission and the dispatch of the request shall be governedby a separate act of legislation. The Hungarian Competition Authority performs the duties specified in a separate act of legislation, concerning the provision of information on all essential facts related to the performance of a given activity under competitive conditions. (This amendment entered into force on 1 January 2017.)