S.L. 601.05 · Part I · General Provisions
Regulation 8. Electricity
Applicability
(1) As far as electricity is 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 electricity;
(b) the supply of electricity to such networks.
(2) 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 sub-regulation (1) where all of the following conditions are met:
(a) the production of electricity by the contracting entity concerned takes place because its consumption is necessary for carrying out an activity other than those referred to in sub-regulation (1), or in regulations 7, 9 and 10;
(b) supply to the public network depends only on the contracting entity’s own consumption and has not exceeded thirty per cent of the contracting entity’s total production of energy, on the basis of the average for the preceding three years, including the current year.
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