| 32004L0017 - Utilities (3rd generation) | Article 4.3 |
3. The supply of drinking water 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 paragraph 1 where:
(a) the production of drinking water by the entity concerned takes place because its consumption is necessary for carrying out an activity other than those referred to in Articles 3 to 7; and
(b) supply to the public network depends only on the entity's own consumption and has not exceeded 30 % of the entity's total production of drinking water, having regard to the average for the preceding three years, including the current year. |
| 31993L0038 - Utilities (2nd generation) | Article 2.5.a.gas |
5. The supply of drinking water, electricity, gas or heat to networks which provide a service to the public by a contracting entity other than a public authority shall not be considered as a relevant activity within the meaning of paragraph 2 (a) where:
(a) in the case of drinking water ......:
- the production of drinking water ..... by the entity concerned takes place because its consumption is necessary for carrying out an activity other than that referred to in paragraph 2, and
- supply to the public network depends only on the entity's own consumption and has not exceeded 30 % of the entity's total production of drinking water ....., having regard to the average for the preceding three years, including the current year; |
| 31990L0531 - Utilities (1st generation) | Article 2.5.a.water |
5. The supply of drinking water, electricity, gas or heat to networks which provide a service to the public by a contracting entity other than public authority shall not be considered as a relevant activity within the meaning of paragraph 2 (a) where:
(a) in the case of drinking water .....:
- the production of drinking water ..... by the entity concerned takes place because its consumption is necessary for carrying out an activity other than that referred to in paragraph 2, and
- supply to the public network depends only on the entity's own consumption and has not exceeded 30 % of the entity's total production of drinking water ....., having regard to the average for the preceding three years, including the current year; |
