Chapter II: Contracting entities

Contracting entities are: 1° Contracting authorities that carry out one of the activities of network operator defined in articles L. 1212-3 and L. 1212-4 ; 2° Where they are not contracting authorities, public undertakings that carry out one of the activities of network operator defined in articles L. 1212-3 and L. 1212-4; 3° When they are not contracting authorities or public undertakings, private law bodies that benefit, by virtue of…

Subject to the provisions of article L. 2192-15, a public undertaking within the meaning of this Code is any body with legal personality which carries out activities involving the production or marketing of goods or market services and over which one or more contracting authorities exercise, directly or indirectly, a dominant influence by virtue of the ownership of the undertaking, the financial participation or the rules which govern it. The…

The following are network operator activities: 1° The provision, operation or supply of fixed networks intended to provide a service to the public for the production, transport or distribution of: a) Gas or heat; b) Electricity; c) Drinking water. The supply of networks includes production, wholesale and retail sales. The disposal or treatment of waste water and hydraulic engineering, irrigation or drainage projects are also considered to be network operator…

The following are not network operator activities: 1° The supply of gas or heat to networks intended to provide a service to the public by a public undertaking or a body governed by private law that enjoys special or exclusive rights, where the following two conditions are met: a) The production of gas or heat by the entity concerned is the inevitable result of the exercise of an activity other…