Posted the: 2015-07-16 Numac: 2015011286 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES average and energy 8 July 2015. -Act to amend the Act of 12 April 1965 on the transport of gaseous and other products by pipelines (1) PHILIPPE, King of the Belgians, all, present and to come, hi.
The Chambers have adopted and we endorse the following: Article 1.
This Act regulates a matter referred to in article 74 of the Constitution.
S. 2. in article 1 of Act of 12 April 1965 on the transport of gaseous and other products by pipelines, as last amended by the law of May 8, 2014, inserted a 25 ° e as follows: "25 ° sexies:"Regulation (EU) No. 312/2014": Regulation (EU) No. 312/2014 Commission on March 26, 2014, on the establishment of a code of network on the balancing of gas transportation networks;".
S. 3. in chapter IV of the Act, as last amended by the law of May 8, 2014, inserted a section III, entitled: "Section III. Joint venture of balancing".
S. 4. in section III inserted by article 3, it is inserted an article 15/2A as follows: "article 15/2bis. § 1. Without prejudice to article 15/2 c, the natural gas transmission network manager can delegate the management of the maintenance of the balance of the transport network of natural gas in a joint venture established with one or more managers of networks of natural gas other Member States. Only the Manager of the natural gas transmission network and the transmission system operators of natural gas transmission of one or more Member States, which are certified in accordance with articles 9 and 10 of Directive 2009/73/EC, or which are exempt from certification under article 49, (6), of Directive 2009/73 / EC, may participate in such joint venture.
§ 2. The joint venture is incorporated in the form of a Société anonyme, having its registered office in a Member State of the EEA European.
Articles 8/3, § 1/1, paragraphs 3 to 5, 8/4 and 8/5 shall apply to the joint undertaking.
§ 3. The joint undertaking establishes and implements a program of commitments that contains measures to be taken to ensure that discriminatory and anti-competitive practices are excluded. This program of commitments enumerates the specific obligations imposed on employees to achieve the goal of exclusion of discriminatory and anti-competitive practices.
The program of commitments also determines precautions to be taken by the joint venture to preserve the confidentiality of commercial data for active users of the network in the balancing area which the joint undertaking has responsibility.
Program commitments is submitted for approval to the ACER, after consultation of the Commission.
Any modification in the programme of commitments is submitted for approval to the ACER, after consultation of the Commission. "."
5. in the same section III, it is inserted an article 15/2b as follows: "article 15/2B.
§ 1. After approval by the Commission, a natural person or legal entity, known as the joint undertaking referred to in article 15/2bis named "framework for respect of commitments".
The Commission may refuse the approval referred to in paragraph 1 on the ground of lack of independence or professional capacity.
If a shareholder of the joint venture is a manager of a network of natural gas transmission in another Member State which is part of a vertically integrated company, responsible for the compliance framework cannot, directly or indirectly, in the year preceding its designation by the joint venture, exercising an activity or a professional responsibility, having held an interest or have maintained a business relationship with, or with the vertically integrated undertaking that ensures a production function or provision, or part thereof and/or its shareholders, which control, other than the Manager of the natural gas transmission network. This prohibition also applies after the termination of service, for at least eighteen months.
The conditions governing the mandate or the conditions of employment, including the duration of its mandate, the responsible framework of compliance with the commitments are subject to the approval of the Commission. These conditions guarantee the independence of the responsible framework of compliance with the commitments, including providing it with the resources necessary for the performance of its duties. The mandate of the responsible framework of compliance with the commitments does not exceed a duration of three years and may be renewed.
Throughout its mandate, the responsible framework of compliance with the commitments may – directly or indirectly – exercise employment or professional liability or have an interest in the joint venture shareholders or shareholders who control.
The Commission instructs the JV dismiss the responsible framework of compliance with the commitments in the event of breach of independence or professional capacity.
§ 2. The responsible framework of compliance with the commitments attends all relevant meetings of the joint undertaking, in particular when it comes to the model of balancing, especially with regard to rates, balancing contract, transparency, balancing, the purchase and sale of energy that is necessary for the balance of the network of the balancing authority area for which the joint undertaking is responsible.
The responsible framework of compliance with the commitments has access to all relevant data, to the premises of the joint undertaking and all the information that are necessary for the performance of its tasks, without prior notice.
§ 3. Loaded the compliance framework performs the following tasks: 1 ° monitoring the implementation of the programme of the joint undertaking commitments;
2 ° prepare a report on the commercial relations and financial between the joint undertaking and the vertically integrated undertaking or part or with the shareholders who exercise a control other than the Manager of the natural gas transmission network. Where appropriate, the responsible framework of compliance with the commitments makes recommendations regarding the program of commitments and sets out the actions that have been taken in implementation of the programme of commitments. This report shall be communicated to no later than March 1 of each year to the Commission;
3 ° bring to the attention of the Commission without delay any failure in the implementation of the programme of commitments. "."
6. in the same section III, it is inserted an article 15/2 as follows: "article 15/2.
§ 1. In the event where the natural gas transmission network manager delegates the management of the maintenance of the balance of the transport network of natural gas in a JV in accordance with article 15/2bis, Manager of the natural gas transmission network keeps the responsibility for the integrity of the system and its network including operational management incidents and emergency situations for which it performs the specific measures provided for by this Act, the Regulation (EU) No 994/2010 and execution orders.
§ 2. Any amendment or extension of the balancing authority area including the management of the maintenance of the balance of the natural gas transmission network is delegated to a JV under article 15/2 bis, paragraph 1, is effective only if it has been notified by the Manager of the transport network of natural gas in the federal authority for the security of the supply of gas under article 15/13 § 6, at the latest within a period of six months before its entry into force.
This notification includes at least the following: 1 ° a full description of the modification or extension of the balancing authority area envisaged;
2 ° the detail of the impact of this amendment on the role, tasks and responsibilities of the Manager of the natural gas transmission network;
and 3 ° a full assessment of the consequences of this change on the security of supply of the country and the work of monitoring thereof must be able to be carried out continuously by the competent authority.
The implementation by the joint enterprise of a balancing authority area beyond the borders of the Belgium, as well as any modification or extension of such cross-border balancing zone, cannot in any way negatively affect the security of supply of the Belgium, prejudice to the provision by the Manager of the network of gas of real time data transmission allowing the competent authority to ensure the ongoing security of supply monitoring , nor restrict the sovereign exercise of the federal authority for the security of gas supply referred to in article 15/13, § 6, of its competence in the areas covered by this Act and Regulation (EU) No 994 / 2010 '. "
S. 7. in the same section III, it is inserted an article 15/2D as follows: "article 15/2D.
§ 1. Regulation (EU) No. 312/2014, as well as all the provisions of this Act and its implementation orders, which relate to the activities of the joint undertaking referred to in article 15/2bis, balancing insofar as they are not inconsistent with the Regulation (EU) No. 312/2014, apply to the joint undertaking.
More specifically, articles 15/16, 15/18 15/18A, 15/20, 15/20A, 15/21, 15/22, 18, 19, 19A, 20, 20/1, 20/1A, 20/2 and 23 shall apply to the joint undertaking.
§ 2. The Commission is competent to exercise, in respect of
the joint undertaking referred to in article 15/2bis, the tasks stipulated in article 15/14, § 2, paragraph 2, with the exception of the points 26 °, 30 °, 31 °, 32 ° and 33 °, to the extent where they are in relation to balancing activities carried out by the joint undertaking.
The Commission approves, on a proposal of the joint undertaking: 1 ° the balancing contract and, where appropriate, balancing code which governs the rights and obligations of the joint undertaking and the users of the network in the context of the activity of balancing.
The balancing contract and, where appropriate, balancing code contain in any case in a detailed manner: has) the definitions of the terminology used in the contract of balancing.
(b) the object of the contract of balancing;
(c)) the conditions to which the activity of balancing is provided by the joint undertaking;
(d) the rights and obligations related to the balancing activity provided;
e) billing and payment terms;
f) financial guarantees and other warranties.
(g) the provisions relating to the liability of the joint undertaking and the users of the network;
(h) the impact of the event of force majeure on the rights and obligations of the parties);
(i) the provisions relating to the marketability and the assignment of balancing);
(j) the term of the contract of balancing);
k) the provisions relating to the suspension and termination of the contract of balancing, with the exception of the express Resolutive clauses in the head of the joint undertaking;
(l) modes of notification agreed between the parties;
m) provisions when the network user provides information incorrect or incomplete;
n) conflict resolution plan;
o) applicable law;
p) the rules and procedures that apply to the integrated balancing authority area and the balancing model.
2 ° the program balancing, which describes the balancing model;
3 ° balancing tariffs.
The proposal of the contract balancing, balancing and balancing code program, as well as their possible amendments, are established by the joint undertaking after consultation of the users of the network. To this end, the joint venture creates a dialogue structure within which it can meet the users of the network.
The joint venture prepares a report on this consultation that she attached to the documents submitted for approval.
To the extent that the joint venture would not yet incorporated at the time of the initial consultation users of the network on the contract of balancing, balancer and balancing code, this consultation will be conducted by the Manager of the natural gas transmission network. The Commission may, taking into account the changes in the circumstances of the market, including legislation or new or amended regulations, and/or taking into account its assessment of the functioning of the market, load the joint undertaking to adapt the contract of balancing, balancer and code approved balancing and to submit for approval a proposal for amendment to this effect.
Article 15/5 bis, §§ 1, 7 and 8, 10 and 11, 13 and 14 shall apply mutatis mutandis to the tariff proposal introduced by the joint venture, to balancing tariffs and their approval by the Commission.
§ 3. When the balancing authority area exceeds the borders of the Belgium, the Commission cooperates with the ACER and the regulatory authorities of the Member States concerned to control the maintenance to the balance of this balancing authority area.
The Commission and the competent control authorities of the other Member States concerned may agree to an agreement pursuant to article 15/14, § 1, paragraph 4, for the common regulation of the undertaking. "."
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, 8 July 2015.
PHILIPPE by the King: the Minister of energy, environment and sustainable development, Ms. M.C. MARGHEM sealed with the seal of the State: the Minister of Justice, K. GARG _ Note (1) House of representatives: (www.lachambre.be) Documents: 54-1127 (2014/2015) full report: June 25 and July 1, 2015.