S.L. 601.5 Art. 7Gas and Heat.

(1) As far as gas and heat are concerned, these regulations shall apply to the following activities:

(a) the provision or operation of fixed networks intended to provide a service to the public in connection with the production, transport or distribution of gas or heat;

(b) the supply of gas or heat to such networks.

(2) The supply of gas or heat to networks which provide a service to the public by a contracting entity other than a contracting authority shall not be considered a relevant activity within the meaning of sub-regulation (1) where:

(a) the production of gas or heat by the entity concerned is the unavoidable consequence of carrying out an activity other than those referred to in sub-regulation

(1) of this regulation or in regulations 8 to 10;

(b) supply to the public network is aimed only at the economic exploitation of such production and amounts to not more than twenty per cent of the entity’s turnover having regard to the average for the preceding three years, including the current year.