Article 146. Gas and thermal energy.

1. The awarding of contracts relating to the gas and thermal energy sectors is subject to the application of the provisions of the code exclusively for the activities: a) provision or management of fixed networks intended for the provision of a service to public in connection with the production, transport or distribution of gas or thermal energy; (b) the supply of such networks with gas or thermal energy, including generation, production and wholesale or retail sale. 2. The supply, with gas or thermal energy, of fixed networks providing a service to the public, by a public company or by a person holding special or exclusive rights, is not considered an activity referred to in paragraph 1 if the following conditions concur: a) the production of gas or thermal energy it is the inevitable result of the exercise of an activity not foreseen by paragraph 1 or by articles 147 to 149; b) the supply of the public network aims only to economically exploit this production and corresponds, at most, to 20 per cent percent of the organisation's turnover, considering the average of the last three years, including the current year. 3. Contracts stipulated for the supply of energy and fuels intended for the production of energy from contracting authorities or granting bodies that carry out the activities referred to in paragraph 1. EFFECTIVE FROM: 1 July 2023