20. 1. 93 Official Journal of the European Communities No L 12/19 II (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 23 December 1992 establishing that the exploitation of geographical areas for the purpose of exploring for or extracting oil or gas does not constitute in France an activity defined in Article 2 (2) (b) (i) of Council Directive 90/531/EEC and that entities carrying on such an activity are not to be considered in France as operating under special or exclusive rights within the meaning of Article 2 (3) (b) of the Directive : ' ' ‘ (Only the French text is authentic) (93/18/EEC) THE COMMISSION OF THE EUROPEAN’COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 90/531/EEC of 17 September 1990 on the procurement procedures of entities operating in the water, energy, transport and tele- communications sectors ('), and in particular pursuant to Articles 3 (4) and 32 (4) to (7) thereof, Whereas, pursuant to Article 3 of Directive 90/531/EEC, Member States may request the Commission to provide that exploitation of geographical areas for the purpose of exploring for or extracting oil, gas, coal or other solid fuels is not to be considered to be an activity defined in Article 2 (2) (b) (i) of the Directive and that the entities carrying out that activity are not to be considered as operating under special or exclusive rights within the meaning of Article 2 (3) (b) by virtue of doing so, provided that a number of precise conditions are satisfied with respect to the relevant national provisions concerning such activities and that any Member State requesting such () OJ No L 297, 29. 10. 1990, p. 1. a decision ensures that entities observe the principles of non-discrimination and competitive procurement in awar- ding contracts and communicates to the Commission information relating to the award of such contracts ; Whereas, by letter dated 10 April 1992, France requested the Commission to provide that exploitation of geogra- phical areas for the purpose of exploring for or extracting. oil or gas should not be considered in France to be an activity as defined in Article 2 (2) (b) (i) of Directive 90/531/EEC and that entities carrying on such an activity are not to be considered in France as operating under special or exclusive rights within the meaning of Article 2 (3) (b) of the Directive ; whereas that the request did not cover the exploitation of geographical areas for the purpose of exploring for or extracting coal or other solid fuels ; Whereas that request was accompanied by a copy of the legislative and regulatory provisions in force and a state- ment of how the five criteria listed in Article 3 (1) could be satisfied with respect to those provisions; Whereas France supplied additional information on compliance with Article 3 (1) and (2) of the Directive in a letter dated 20 July 1992;