Art. 115. Gas and heat

1. As far as gas and heat are 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 gas or heat;

b) the supply of gas or heat to such networks.

2. The supply of gas or heat 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 gas or heat by that contracting entity is the unavoidable consequence of carrying out an activity not referred to in paragraph 1 of this Article or in Articles 116 to 118;

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 contracting entity’s turnover, on the basis of the average for the preceding three years, including the current year.