Cabinet of Ministers Regulations No. 223, Riga, 22 March 2011 (pr. 36. § 18) the rules on the criteria for assessing whether public service procurement activities referred to in the law in Latvia is carried out in a fully competitive environment, and the European Commission on the requirements Issued under the public service act of purchasing 88. the second paragraph of article 1. determines the criteria for the relevant industry responsible Ministry or public service provider will assess whether a particular public service procurement law 3. , 4, 5, 6 or 7 of the activities referred to in article (specific actions) in Latvia is carried out in a fully competitive environment, as well as public service procurement article 88 of the law referred to in the first paragraph of the content and requirements of the order in which they presented to the European Commission.
2. in order to assess whether a given activity in Latvia is carried out freely competitive conditions for the sector concerned, the responsible Ministry or public service provider takes into account this provision 22. criteria referred to in paragraph 1, as well as at least following the Treaty on the functioning of the European Union rules on competition in the relevant criteria: the characteristics of the goods or services, an alternative to the presence of the goods or services, the prices and the goods or services concerned more than one supplier's actual or possible presence in the market.
3. when preparing the European Commission to recognise the specific actions in Latvia is carried out freely competitive conditions, follow that rule 7 requirements referred to in paragraph structure and shall specify at least the following provisions that other information.
4. If the competition Council, in the light of this provision, in paragraph 2 of these conditions, it has prepared an opinion on whether a particular activity is carried out under conditions of free competition, the applicant adds that opinion.
5. This provision the requirements referred to in paragraph 3 and paragraph 4 of these rules of that opinion the applicant electronically sent to the European Commission's DG internal market and services to the electronic mail address Markt-C3@cec.eu.int.
6. If the rules referred to in paragraph 3 and paragraph 4 of these rules of that opinion cannot be sent electronically, the claimant three copies are sent to the European Commission's internal market and Services Directorate-General, to the following address: European Commission Directorate-General for Internal market and services, Directorate for Public Procurement Policy, B-1049 Brussels Belgium 7. Preparing a claim, follow the following structure: 7.1 the applicant (this rule 8. , 9 and 10;)
7.2. Description of the activity in question (para. 11 of these rules);
7.3. the definition of the relevant market (these rules 12, 13 and 14;)
7.4 list of regulatory acts (paragraph 15 of these rules);
7.5. the relevant market analysis (this rule 16, 17, 18, 19, 20 and 21;)
7.6. the reasons why it considered that a particular activity is carried out under conditions of free competition (this provision, paragraph 22).
8. the applicant for the purposes of these rules is the industry responsible Ministry or public service provider. If the public service related company also carried out activities related to the claim, the claimant is considered both the public service and related business information requirements and indicates both the public service and related companies.
9. If the applicant is responsible for the industry Ministry, those provisions (except paragraph 10 of these rules) that information requirements showing, for each operator, who performed the operations. If the number of economic operators is greater than 10, the information shall be provided for those merchants who own at least 10% of the geographic market. If the information appearing on the claim are similar or identical for several economic operators, the information can be combined, especially indicating.
10. the requirement for the applicant to indicate: 10.1. the applicant name, registration number and address;
10.2. the status of the applicant: 10.2.1. for the relevant industry responsible Ministry;
10.2.2. the public service provider: 10.2.2.1. public institution;
10.2.2.2. public authorities;
10.2.2.3. private law entity;
10.3. public service providers – a reference to the public service act 88. procurement of the first paragraph of article 2, which gives the right to public service operators to apply to the European Commission.
11. the nature of the specific activities for which a claim. If it is considered that specific activities are carried out in a fully competitive environment, only a part of the territory of Latvia, rather than the whole territory of Latvia, then specify the area.
12. In analysing the relevant market, having regard to: 12.1. specific commodity markets, which include any goods or services which the consumer is considered substitutable, in view of their characteristics, price or performance objectives, and which can be defined, taking into account at least the following factors: 12.1.1. physical, the degree of similarity between the goods or services concerned;
12.1.2. any difference in the use of the goods or services at the destination;
12.1.3. the price difference between the goods or services concerned and its substitutes;
12.1.4. cost of replacing the goods or services concerned with the substitute, if it relates to potentially competing goods or services;
12.1.5. the preference of consumers for the goods or services of a type or category;
12.1.6. the distribution of the goods or services in accordance with the classification (for example, in accordance with the statistical classification of products by activity (CPA));
12.2. the relevant geographic market, corresponding to the territory in which the merchants offer goods or services which is sufficiently homogeneous conditions of competition and may be cut off from the adjacent areas, primarily taking into account the conditions of competition of the considerable differences in these areas, and to define, taking into account at least the following factors: 12.2.1. the characteristics of the goods or services and characteristics;
12.2.2. barriers to entering the market;
12.2.3. consumers give preference;
12.2.4. significant differences in market or substantial price differences in adjacent areas;
12.2.5. transport costs.
13. Pursuant to this provision, the requirement in paragraph 12.1:13.1. define the market for the goods in question or the market that the European Commission should take into account in the analysis of the activity in question;
13.2. explains how these provisions have been taken into account the factors referred to in point 12.1;
13.3. the basis of the assumptions or opinions;
13.4. indicate the goods or services that are directly or indirectly affected by this requirement;
13.5 points and Loaner Service categories;
13.6. If possible, for the loaner and indicates whether they are good or service in question can be replaced: 13.6.1. complete (if consumers bought them immediately, even if the goods or services the price of running a little);
13.6.2. easily (if consumers bought them, if the goods or services the price increasing by around 5%);
13.6.3. incomplete (if consumers bought them only if the goods or services the price increasing significantly);
13.6.4. partially (if they can replace the goods or services only within a defined geographical area, only for a period of time of year or only limited use).
14. subject to the provisions of section 12.2, requirements: 14.1. define the relevant geographic market or markets, the European Commission should take into account in the analysis of the activity in question;
14.2. explains how these provisions have been taken into account the factors referred to in paragraph 12.2;
14.3. the basis of the assumptions or opinions;
14.4. indicate the area in which economic operators are affected by this requirement, works on the commodity market;
14.5. justification that the relevant geographic market to be wider than the territory of Latvia (if it is specified).
15. Pursuant To the public service act of procurement in the second subparagraph of article 87(1) to conclude whether a particular activity is carried out in a fully competitive environment, an application indicates the applicable laws and regulations, consistent with European Union legislation.
16. Request a justification as to why it is considered that the specific market access is not limited.
17. This provision of the information referred to in paragraph 18 shall be indicated for each specific market, for each of the three most recent financial years and for each of the following areas: 17.1. the territory of the European economic area;
17.2. the territory of the European Union;
17.3. The countries of the European free trade area;
17.4. each of the Member States of the European Union and each of the countries of the European Free Trade Association, which the applicant shall take specific action;
17.5. the relevant geographic market, if it is not fully covered by these provisions 17.1., 17.2, 17.3, and 17.4 the territories listed in paragraph.
18. The claim shall contain the following information: 18.1. the total market size in relation to the goods or services sold by value (in euros) and volume (units), which correspond to those areas for the production of goods or the provision of services, plus imports and minus exports (point calculation used for that purpose and sources and added documentation to support the calculation if they are available);

18.2. the applicant marketed goods or services provided and the amount and the applicant holds a market share;
18.3. all competitors (including importers) the market value of the shares and, if known, the extent to which holds at least 10% of the geographic market (adds documentation to support this part of the market value and volume calculation, if they are available, and this rival the name, registration number, address, telephone and fax numbers, as well as the contact name, position and telephone number);
18.4. the territory of the European economic area or of the imported goods in the total value and volume, as well as exporting countries, specifying: the applicant imported goods 18.4.1 or part of the services;
18.4.2. the extent to which trade quotas, tariff and non-tariff barriers impeding the import of these goods or services;
18.4.3. the extent to which transportation and other costs affect these imports of goods or services;
18.5. the extent to which trade among States within the EEA territory impede: 18.5.1. transport and other costs;
18.5.2. other non-tariff barriers;
18.6. the way in which the applicant manufactures and sells products or services (for example, goods are produced locally, they sell local dealer network);
11.6. the applicant the price comparison in the level of each Member State of the European Union and in each of the countries of the European Free Trade Association, as well as a comparison of price levels between Member States of the European Union, the European Free Trade Association countries and other territories where the goods are produced or the services are provided;
12.8. the applicant's vertical integration and a degree, compared with its main competitors;
11.7. the assets or infrastructure, which the applicant used in conjunction with other business operators or which it uses to perform more than one of the public service Act, 3., 4., 5., 6., or activities referred to in article 7, whether such assets or infrastructure is linked to special conditions (such as with the universal service obligations or special privileges), and specifying the conditions.
19. The claim shall state: 19.1. over the last five years, the relevant geographic market for the goods is entered the new market and acquired a significant market share. If the answer is affirmative, if possible, indicate the merchant name, registration number, address, telephone number, fax number, and contact name, position and telephone number, as well as assess the operator's current market share;
19.2. is economic operators (including those who are currently operating only in markets that are outside the European Union or European economic area boundaries) that can enter the market. If the answer is in the affirmative, of the reasons and provide, if possible, indicate the company name, registration number, address, telephone number, fax number, and contact name, position and telephone number, as well as possible the period during which the economic operators to enter the market;
19.3. the factors that affect the merchant entering the relevant geographic market and the relevant product market, if possible, taking into account the following criteria: 19.3.1. the total costs to enter the market (for example, research and development, distribution, promotion, advertising, after-sales service costs), which is comparable to perspective and an important competitor costs, indicating the market share of the competitor;
19.3.2. regulatory or administrative barriers to market entry (e.g., licence or compliance with standards);
19.3.3. constraints arising from patents, know-how and other intellectual property rights in the relevant market, as well as any constraints associated with the exercise of these rights;
19.3.4. the extent to which the plaintiff's patent, know-how and other intellectual property rights of the licensee or licensor of the relevant market;
19.3.5. the importance of economies of scale in the production or supply of goods or services in a given market;
19.3.6. access to sources of supply (such as the sources of supply of raw materials).
20. in the report on the importance of research and development for merchants who operate in the relevant market to compete in the long term. The request describes the applicant in the relevant market research and development carried out by the nature of the work, if possible, taking into account the following criteria: 20.1. research and development intensity, determined by the relationship between the research and development costs and turnover, and the progress of the relevant market and in respect of the applicant;
20.2. Development (primarily for goods or services, the production process and distribution system development) in the relevant market during the period in question;
20.3. the main innovation that is created in the relevant market, and merchants, which they have created;
20.4. the innovation cycle of the relevant market and the phase of the cycle, in which the plaintiff.
21. the Claim shall state the extent to which there are cooperative agreements (horizontal or vertical) in the relevant market, as well as provide accurate information about the applicant concluded the major cooperation agreements on the relevant market (such as research and development agreements, licensing agreements, co-production, specialization, distribution, long term supply and exchange of information).
22. the requirement of a justification as to why it is considered that the specific actions in the relevant product market and the relevant geographic market is carried out in a fully competitive environment, and shall contain at least the following information: news of the 22.1 five key suppliers that the applicant is not the applicant's related companies, name, registration number, address, telephone number, fax number and contact name, title, and phone number, as well as each supplier's part the applicant purchases (raw material or product purchases used in the manufacture of the goods in question);
22.2. details of applicant suppliers that are affiliates of the applicant, name, registration number, address, telephone number, fax number and contact name, title, and phone number, as well as each supplier's part the applicant purchases (raw material or product purchases, which are used in the manufacture of the goods in question);
22.3. the relevant market, the existing distribution channels and after-sales service network, if possible, taking into account the following criteria: 22.3.1. existing distribution systems and their importance in the market concerned. Requirement shall also indicate the extent to which the applicant provides distribution related companies or other persons;
22.3.2. the relevant market after sales service provided (for example, maintenance and repair services) and their role in the market in question. Requirement shall also indicate the extent to which the services of aftermarket provides the applicant's related companies or other business operators;
22.4. whenever possible, the assessment of production of the goods or provision of services, the total capacity for the European Union and the European Free Trade Association countries for the last three years. The claim also point to what was the applicant's goods production or service delivery capacity during this period and how much it was used;
22.5. other information concerning supplies and essential requirements for the evaluation;
22.6. the news on five key plaintiff's customers, not the applicant's related companies, the name, registration number, address, telephone and fax number and contact name, title, and phone number, as well as each client part of the applicant's total domestic sales of the goods or provision of services;
14.1. the characteristics of the structure, specifying: 22.7.1.  market development phase (for example, at the beginning of development, expansion, maturity and decline), as well as the expected increase in demand for interest;
22.7.2. consumer choice in relation to the importance of loyalty to the brand, product differentiation and the complete range of goods available;
22.7.3. market concentration or dispersal of the request;
22.7.4. different groups of consumers and describing the typical consumer in each group;
22.7.5. exclusive distribution contracts and other contracts significance;
22.7.6. the part of the public authorities (the principals) and public institutions;
22.8. the degree of consumer activity assessment for switching or repeating the conclusion of agreements in the last five years (indicate the sources used for this purpose and shall be accompanied by the documents that confirm it, if they are available).
Informative reference to European Union Directive provisions included in the law arising from the European Parliament and of the Council of 31 March 2004, Directive 2004/17/EC coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors.
Prime Minister v. dombrovsky Finance Minister a. Wolf