a the provision or operation of fixed networks intended to provide a service to the public in connection with the production, transportation or distribution of drinking water or the supply of drinking water to such networks (as specified under Title I);
b 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 or the supply of electricity to such networks (as specified under Title II);
- 2.1 Public authorities or public undertakings which transport and distribute electricity and operate on the basis of authorisation for expropriation pursuant to the Electricity Act of 24 June 1902.3
- 2.2 Public authorities or public undertakings which produce electricity pursuant to the Federal Act of 22 December 1916 on the use of Hydraulic Forces4 and the Nuclear Energy Act of 21 March 2003.5
- 3.1 Public authorities or public undertakings which provide tramway services pursuant to Article 1, paragraph 2, of the Railways Act of 20 December 1957.6
- 3.2 Public authorities or public undertakings which provide public transport services pursuant to article 6 of the Passenger Transport Act of 20 March 2009.7
- 5.1 Swiss Rhine Ports: Agreement entitled "Staatsvertrag über die Zusammenlegung der Rheinschifffahrtsdirektion Basel und der Rheinhäfen des Kantons Basel-Landschaft zu einer Anstalt öffentlichen Rechts mit eigener Rechtspersönlichkeit unter dem Namen "Schweizerische Rheinhäfen"(State Treaty on the Amalgamation of the Rhine Navigation Authority of the City of Basel and the Rhine Ports of Basel-Landschaft to form a Public Authority with Legal Personality under the Name of Port of Switzerland) of 13/20 June 2006.9
a which procuring entities award for purposes other than the pursuit of their activities as described in this Annex or for the pursuit of these activities outside Switzerland.
b by procuring entities pursuing an activity described in this Annex when that activity is exposed to full market competition.
1 Public Authorities means: The State, regional or local authorities, bodies governed by Public Law, or associations formed by one or more of such authorities or bodies governed by public law. A body is considered to be governed by public law where it :
i. Is established for the specific purpose of meeting needs in the general interest and is not of an industrial or commercial nature;
ii. has legal personality; and
iii. is financed for the most part by the State, or regional or local authorities, or other bodies governed by public law, or is subject to management supervision by those Bodies, or has an administrative, managerial or supervisory board more than half of whose members are appointed by the State, regional or local authorities, or other bodies governed by public law.
2 Public undertakings means any undertaking over which the public authorities may exercise directly or indirectly a dominant influence by virtue of their ownership of it, their financial participation therein, or the rules which govern it. A dominant influence on the part of the public authorities shall be presumed when these authorities, directly or indirectly, in relation to an undertaking:
i. Hold the majority of the undertaking's subscribed capital; or
ii. control the majority of the votes attaching to shares issued by the undertaking; or
iii. can appoint more than half the members of the undertaking's administrative, managerial or supervisory body.
3 RS 734.0.
4 RS 721.80.
5 RS 732.1.
6 RS 742.101.
7 RS 745.1.
8 RS 748.0.
9 SGS 421.1.
10 RS 783.0