Article 148. Water.

1. The awarding of contracts relating to the water 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 production , the transport or distribution of drinking water; b) the supply of such networks with drinking water, including the generation, production and wholesale or retail sale. 2. The supply, with drinking water, 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 drinking water occurs because its consumption is necessary for the exercise of an activity not covered by articles 146 to 149; b) the supply of the public network depends only on the entity's own consumption and does not exceed 30 percent of its production total, considering the average of the last three years, including the current year. 3. The provisions of the code apply to contracts or design competitions awarded or organized by contracting authorities or granting bodies that carry out an activity referred to in paragraph 1 when they concern: a) hydraulic engineering, irrigation or drainage projects, in which the volume of water intended for drinking water supply represents more than 20 percent of the total volume of water made available by such projects or systems ; b) disposal or treatment of waste water. 4. Contracts for the purchase of water are excluded from the application of the provisions of the code, if awarded by contracting authorities or granting bodies that carry out one or both of the activities referred to in paragraph 1. 5. Concessions awarded to supply or manage fixed networks intended for the provision of a public service in connection with the production, transport or distribution of drinking water or to supply such networks are excluded from the application of the provisions of the code. with drinking water. 6. Concessions which are connected to one of the activities of paragraph 5 and concern: a) hydraulic engineering, irrigation, drainage projects, in which the volume of water intended for drinking water supply represents more than 20 percent of the total volume of water made available by such projects or facilities; (b) disposal or treatment of waste water. EFFECTIVE: 1 July 2023