(1) Sector activities in the field of water are
1. the provision or operation of fixed networks intended to provide a service to the public in connection with the collection, transport or distribution of drinking water;
2. the supply of drinking water to such networks.
Sector activities also include activities under sentence 1 that are associated with 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 per cent of the total volume of water made available by such projects or irrigation or drainage installations, or are associated with the disposal or treatment of sewage. The supply of drinking water by a sector contracting entity under Section 100(1) no 2 to fixed networks which provide a service to the public shall not be considered a sector activity where the production of drinking water by the contracting entity concerned takes place because the consumption thereof is necessary for carrying out an activity that is not a sector activity under subsections (1) to (4), and the supply to the public network depends only on that contracting entity's own consumption and has not exceeded 30 per cent of that contracting entity's total production of drinking water, on the basis of the average for the preceding three years, including the current year.
(2) Sector activities in the field of electricity are
1. 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;
2. the supply of electricity to such networks, unless
a) the production of electricity by the sector contracting entity under Section 100(1) no 2 takes place because its consumption is necessary for carrying out an activity that is not a sector activity under subsections (1) to (4); and
b) the supply depends only on the sector contracting entity's own consumption and has not exceeded 30 per cent of that sector contracting entity's total production of energy, on the basis of the average for the preceding three years, including the current year.
(3) Sector activities in the field of gas and heat are
1. the provision or operation of fixed networks intended to provide a service to the public in connection with the production, transport or distribution of gas or heat;
2. the supply of gas or heat to such networks, unless
a) the production of gas or heat by the sector contracting entity under Section 100 (1) no 2 is the unavoidable consequence of carrying out an activity that is not a sector activity under subsections (1) to (4); and
b) the supply is aimed only at the economic exploitation of such production and amounts to not more than 20 per cent of that sector contracting entity's turnover on the basis of the average for the preceding three years, including the current year.
(4) Sector activities in the field of transport services are the provision or operation of networks intended to provide transport services to the public by railway, automated systems, tramway, trolley bus, bus or cableway; a network shall be considered to exist where the transport service is provided under operating conditions laid down by a competent authority, such as conditions on the routes to be served, the capacity to be made available or the frequency of the service.
(5) Sector activities in the field of ports and airports are activities relating to the exploitation of a geographical area for the purpose of the provision of airports and maritime or inland ports or other terminal facilities to carriers by air, sea or inland waterway.
(6) Sector activities in the field of fossil fuels are activities relating to the exploitation of a geographical area for the purpose of:
1. extracting oil or gas; or
2. exploring for, or extracting, coal or other solid fuels.
(7) For the purposes of subsections (1) to (3), the term 'supply' covers generation and production as well as wholesale and retail sale. The production of gas falls within the scope of subsection (6).