Article 3U.K.Gas, heat and electricity
1.As far as gas and heat are concerned, this Directive 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; or
(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 paragraph 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 paragraphs 1 or 3 of this Article or in Articles 4 to 7; and
(b)supply to the public network is aimed only at the economic exploitation of such production and amounts to not more than 20 % of the entity's turnover having regard to the average for the preceding three years, including the current year.
3.As far as electricity is concerned, this Directive 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 electricity; or
(b)the supply of electricity to such networks.
4.The supply of electricity 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 3 where:
(a)the production of electricity by the entity concerned takes place because its consumption is necessary for carrying out an activity other than those referred to in paragraphs 1 or 3 of this Article or in Articles 4 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 energy, having regard to the average for the preceding three years, including the current year.