PART 1GENERAL

CHAPTER 2ACTIVITIES

ElectricityI19

1

In the case of electricity, 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 electricity;

b

the supply of electricity to such networks.

2

The supply, by a utility other than one which is a contracting authority, of electricity 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 electricity by that utility takes place because its consumption is necessary for carrying out an activity other than one referred to in paragraph (1) or regulations 8 (gas and heat), 10 (water) or 11 (transport services); and

b

the supply to the public network depends only on that utility’s own consumption and has not exceeded 30% of that utility’s total production of energy, calculated on the basis of the average for the preceding 3 years, including the current year.