PART 1GENERAL

CHAPTER 2ACTIVITIES

Gas and heatI18

1

In the case of gas and heat, these Regulations 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, by a utility which is not a contracting authority, of gas or heat to fixed networks which provide a service to the public shall not be considered an activity within the meaning of paragraph (1) where—

a

the production of gas or heat by that utility is the unavoidable consequence of carrying out an activity other than one referred to in paragraph (1) or in regulations 9 to 11; and

b

the supply to the public network is aimed only at the economic exploitation of such production and amounts to not more than 20% of the utility’s turnover, calculated on the basis of the average for the preceding 3 years, including the current year.