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26 DECEMBER 2015. - An Act to amend the Act of 17 July 2013 on the minimum nominal volumes of sustainable biofuels to be incorporated in the volumes of fossil fuels put annually to consumption (1)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chamber has adopted and we sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 74 of the Constitution.
Art. 2. In Article 5 of the Act of 17 July 2013 on the minimum nominal volumes of sustainable biofuels that must be incorporated in the volumes of fossil fuels put annually to consumption on 1° and 2° are replaced by the following:
"1° category A: all sustainable biofuels for which European or Belgian standards exist.
2° category B: all sustainable biofuels for which there are no European or Belgian standards. Sustainable biofuels in this category are accepted provided that a complete technical record containing all relevant data demonstrating that they are in compliance with the provisions of Directive 2009/30/EC is previously provided to the Energy Branch and approved by the Minister. "
Art. 3. Section 7 of the Act, partially annulled by Constitutional Court Decision No. 52/2015, is replaced by the following:
Article 7. § 1. Any company that uses E5 gasoline, E10 gasoline and/or diesel, must ensure and demonstrate that the volumes consumed during the calendar year contain at least a nominal volume of sustainable biofuels as defined in sections 4 and 5.
§ 2. Every company is required to guarantee and prove that the volume of each type of diesel consumed annually contains at least one nominal volume of the EMAG corresponding to a percentage equal to the maximum percentage set by the NBN EN 590 minus 1 (one) unit.
§ 3. The annual nominal volume of EMAG imposed in § 2 shall contain at least one real volume corresponding to an EMAG percentage equal to the maximum percentage set by the NBN EN 590 minus 2 (two) units.
§ 4. The annual nominal volume of EMAG imposed in § 2 may be partially or completely replaced by a sustainable biofuel belonging to category A or B, provided that the replaced volume has at least an energy value equivalent to that of the replaced EMAG volume.
§ 5. In the event that the EMAG is partially or completely replaced by a sustainable biofuel belonging to category A or B, the annual nominal volume imposed in § 4 must contain at least a real volume of this sustainable biofuel having an energy value equivalent to a real volume of EMAG replaced.
§ 6. Every company is required to ensure and prove that the volume of each type of gasoline consumed annually contains at least one nominal volume of bioethanol, pure or in the form of bio-ETBE, corresponding to a percentage equal to the maximum percentage set by the NBN EN 228 minus 1 (one) unit.
§ 7. The annual nominal volume of bioethanol imposed in § 6 shall contain at least one real volume corresponding to a percentage in bioethanol equal to the maximum percentage set by NBN EN 228 minus 2 (two) units.
§ 8. The annual nominal volume of bioethanol imposed in § 6 may be partially or totally replaced by a sustainable biofuel belonging to category A or B, provided that the replaced volume has at least an energy value equivalent to that of the replaced bioethanol volume.
§ 9. In the event that bioethanol is partially or completely replaced by a sustainable biofuel belonging to category A or B, the annual nominal volume imposed in § 8 shall contain at least one real volume of this sustainable biofuel having an energy value equivalent to a real volume of bioethanol replaced.
§ 10. The annual nominal volumes imposed in §§ 2 and 4 for the different types of diesel and in §§ 6 and 8 for the different types of gasoline, may be partially replaced by the maximum nominal volumes of a sustainable biofuel of category C which, after applying the multiplier factor by two, is the equivalent of 1.5% of a sustainable biofuel of category A or B, expressed in energy value.
§ 11. The conversion factors of the density percentages and their equivalents to energy values are those in Appendix III of Directive 2009/28/EC.
§ 12. When a company with an excise number in Belgium sells on the Belgian market to another company with an excise number in Belgium under the suspension of rights, gasoline and/or diesel, it has the obligation, at the request of the latter, to provide it with a statement attesting to the presence of biofuel as well as proof of durability within the meaning of Article 4.
§ 13. Amounts of sustainable biofuels sold under a law suspension regime must be deducted from the seller's statement and recorded in the buyer's statement if the buyer is actually the consumer issuer. "
Art. 4. This Act is effective June 30, 2013.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given at Ciergnon, December 26, 2015.
PHILIPPE
By the King:
Minister of Economy,
K. PEETERS
Minister of Energy, Environment and Sustainable Development,
Ms. M.C. MARGHEM
Seal of the state seal:
For the Minister of Justice, absent:
Deputy Prime Minister and Minister of Employment, Economy and Consumers, in charge of Foreign Trade,
K. PEETERS
____
Note
(1) House of Representatives:
(www.lachambre.be)
Documents: 54-1518 (2015/2016)
Full report: