Art. 117. Water

1. Without prejudice to the specific exclusions relating to concessions as referred to in Article 12, as far as water is concerned, this Chapter 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 drinking water;

b) the supply of drinking water to such networks.

2. This Chapter shall also apply to contracts or design contests awarded or organised by contracting entities which pursue an activity referred to in paragraph 1 and which are related to one of the following activities:

a) hydraulic engineering projects, irrigation or land drainage, where the volume of water to be used for the supply of drinking water represents more than 20% of the total volume of water made available by such projects or irrigation or drainage installations,

b) the disposal or treatment of sewage.

3. The supply of drinking water to fixed networks which provide a service to the public by a contracting entity other than a contracting authority shall not be considered to be a relevant activity within the meaning of paragraph 1 where all of the following conditions are met:

a) the production of drinking water by that contracting entity takes place because its consumption is necessary for carrying out an activity not referred to in Articles 115 to 118;

b) the supply to the public network depends only on that contracting entity’s own consumption and does not exceed 30% of that contracting entity’s total production of drinking water, on the basis of the average for the preceding three years, including the current year.