Article 13 · Electricity

1.In relation to electricity, this Regulation applies 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 electricity;

(b)the supply of electricity to the networks referred to in point (a).

2.The supply by a contracting entity other than a contracting authority of electricity to fixed networks which provide a service to the public shall not be considered to be a relevant activity within the meaning of paragraph 1 of this Article where both of the following conditions are met:

(a)the production of electricity by that contracting entity takes place because its own consumption is necessary for carrying out activities other than those referred to in paragraph 1 of this Article or in Articles 12, 14 or 15;

(b)the supply to the public network depends only on that contracting entity's own consumption and has not exceeded 30 % of that contracting entity's total production of energy, on the basis of the average for the three years preceding the one in which the supply is made.