Art. 12. Specific exclusions for concessions in the water sector

1. The dispositions in this Code shall not apply to concessions awarded for:

a) providing or operating fixed networks intended to provide a service to the public in connection with the production, transport or distribution of drinking water;

b) supplying drinking water to such networks;

2. The disposition in this Code shall not apply to concessions with one, or both of the following subject-matters when they are connected with an activity referred to in paragraph 1:

a) hydraulic engineering projects, irrigation or land drainage, provided that 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.