1. For the purposes of this Act, in the course of procurements conducted by public service providers with the aim of performing their public service activity, contracting entities are entities referred to in Article 5(1) which pursue one of the following activities or were established for the purpose of pursuing such activity
- in connection with the production, transport or distribution of drinking water, the provision or operation of fixed networks intended to provide a service to the public or the supply of drinking water to such networks;
- in connection with the production, transport or distribution of gas or heat, the provision or operation of fixed networks intended to provide a service to the public or the supply of gas or heat to such networks;
- the provision or operation of networks providing a service to the public in the field of transport by railway, automated systems, tramway, trolley bus, bus or cable;
- the exploitation of a geographical area
da) for the purpose of the provision of airports and maritime or inland ports or other port facilities to carriers by air, sea or inland waterway or passenger carriers,
db) for the purpose of extracting oil or gas or
dc) for the purpose of exploring for, or extracting coal or other solid fuels;
e. the provision of postal services; (This amendment entered into force on 1 January 2017.)
the provision of other services than postal services, provided that the contracting authority also offers postal services under point (e), which are not covered by Article 13. (This point entered into force on 1 January 2017.)
2. The procurement procedure of a public service provider whose activity is related to drinking water under Article 1(a) qualifies as a public service activity, if it is connected 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 % of the total volume of water made available by such projects or irrigation or drainage installations, or
- the disposal or treatment of sewage.
3. As regards transport services under Article 1(c), a network shall be considered to exist where the 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.
4. For the purposes of Article 1 (a) and (b), supply shall also mean retail and wholesale sales.