Article 147. Electricity.

1. The awarding of contracts relating to the electricity sector 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 the public in connection with the production, transport or distribution of electricity; (b) the supply of such networks with electricity, including the generation, production and wholesale or retail sale. 2. The supply, with electricity , of fixed networks that provide a service to the public by a public company or 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 electricity occurs because its consumption is necessary for the exercise of an activity not provided for by paragraph 1 or by articles 146, 148 and 149; b) the power supply to the public network depends only on the entity's own consumption and does not exceed the 30 percent of its total production, considering the average of the last three years, including the current year. EFFECTIVE FROM: 1 July 2023