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8 MAI 2014. - Act respecting various energy provisions (1)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER I^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Coordinated Constitution.
It partially transposes Directive 2009/72/EC of the European Parliament and Council of 13 July 2009 on common rules for the domestic electricity market and repeals Directive 2003/54/EC and Directive 2009/73/EC of the European Parliament and Council of 13 July 2009 on common rules for the domestic natural gas market and repeals Directive 2003/55/EC.
This Act also implements Regulation (EU) No 1227/2011 of the European Parliament and Council of 25 October 2011 concerning the integrity and transparency of the wholesale energy market.
CHAPTER II. - Amendment of the Act of 29 April 1999 on the organization of the electricity market
Art. 2. In section 2 of the Act of April 29, 1999 on the organization of the electricity market, last amended by the Act of December 26, 2013, the following amendments are made:
1° on 31°, repealed by the law of 8 January 2012, is reinstated in the following wording:
"31° "Regulation (EU) No 1227/2011": Regulation (EU) No 1227/2011 of the European Parliament and the Council of 25 October 2011 concerning the integrity and transparency of the wholesale energy market, as well as the delegated and enforcement acts established by the European Commission on the basis of this Regulation;";
2° on 32°, repealed by the law of 8 January 2012, is reinstated in the following wording:
""FSMA": Financial Services and Markets Authority established by the Act of 2 August 2002 on financial sector monitoring and financial services;"
3° to 50°, the "" is replaced by a ";"
4° Article 2 is supplemented by the 55°, written as follows:
"55° "offshore interconnection": the equipment, in the form of electric lines or cables and high-voltage posts connected to these lines or cables and their accessories, which are the main purpose of interconnecting the Belgian electrical networks to the electrical networks of another State and where some of these equipment borrow the marine spaces on which Belgium can exercise its jurisdiction; ";
5° Article 2 is supplemented by the 56°, written as follows:
"56° "financial close": when the official conclusion of the financial agreements comes with all the parties primarily concerned, so that the project of installation is likely to run at the economico-financial level, and whose financial aspects are known with certainty or estimated, such as the costs of investments against the turbines, foundations, cables and the installation itself of the project, the costs for the operation"
6° Article 2 is supplemented by the 57° to 62°, written as follows:
"57° privileged information": any privileged information within the meaning of Article 2, (1), Regulation (EU) No 1227/2011;
58° "market manipulations" : all market manipulations within the meaning of Article 2, (2), Regulation (EU) No 1227/2011;
59° "contracting of market manipulations": any attempt at market manipulation within the meaning of Article 2, (3), Regulation (EU) No 1227/2011;
60° "big energy products": any wholesale energy product within the meaning of Article 2, (4), Regulation (EU) No 1227/2011;
61° "consumption capacity": the consumption capacity within the meaning of Article 2, (5), Regulation (EU) No 1227/2011;
62° "big energy market": the wholesale energy market within the meaning of section 2, (6), of Regulation (EU) No 1227/2011. ".
Art. 3. In the same Act, last amended by the Act of 26 December 2013, a new section 6/1 is inserted, as follows:
"Art. 6/1. § 1^er. In accordance with the provisions decreed under § 2 and without prejudice to the provisions of the law of 20 January 1999 concerning the protection of the marine environment and the organization of the development of the marine spaces under the jurisdiction of Belgium, the King may, by order deliberately in the Council of Ministers, after the advice of the commission, grant concessions to the construction and operation of installations for the storage of hydroelectric energy in the marine areas under the jurisdiction of Belgium
These facilities cannot benefit from the support mechanism referred to in Article 7, § 1^eror any other form of financial support or support from the State or the consumer of electricity.
§ 2. By order deliberately in the Council of Ministers, after the advice of the commission, the King sets out the conditions and procedure for granting concessions referred to in § 1^erincluding:
1° Restrictions to prevent unduly interference with the use of regular maritime routes, marine fishing or marine scientific research by the construction or operation of the facilities involved;
2° the measures to be taken for the protection and preservation of the marine environment, in accordance with the provisions of the Act of 20 January 1999 referred to above;
3° the technical requirements to be met by the artificial islands, installations and works involved;
4° the procedure for granting the concessions in question by ensuring appropriate advertising of the intention to grant a concession and, where applicable, effective competition of the candidates;
5° the rules concerning the transfer and withdrawal of the concession;
6° the determination of the duration of the concession;
7° the financial requirements to be met by the artificial islands, installations and works involved.
Measures referred to in paragraph 1^er2°, of this subsection shall be decided on a joint proposal by the Minister and the Minister who has the protection of the marine environment in his or her powers.
This procedure is carried out in accordance with the Act of 20 January 1999 concerning the protection of the marine environment and the organization of the development of marine spaces under Belgian jurisdiction and its enforcement orders.
§ 3. Article 4 does not apply to facilities referred to in § 1^er".
Art. 4. In section 7 of the Act, inserted by the Act of 20 July 2005, the following amendments are made:
1° to § 1^er, paragraph 4 is supplemented by the words "and by section 28 of the Act of 26 December 2013 on various energy provisions. ";
2° to § 1^erbis, the first paragraph is supplemented by the following sentence:
"In addition, the commission compares and assesses, before September 30, 2016, the consequences for the consumer and the state of the two mechanisms of obligation to repurchase by the network manager at a minimum price established for offshore wind energy by the Royal Decree of July 16, 2002 on the establishment of mechanisms for the promotion of electricity produced from renewable energy sources, i.e. a mechanism with a fixed minimum price and a mechanism with a variable minimum price. ";
3° to § 2, paragraph 1^er, the words "agreed before 1^er July 2007, "are inserted between the words "of a state concession referred to in Article 6" and the words "the network manager finances the cost of the submarine cable up to one third".
4° to § 2, two subparagraphs, as follows, are inserted between paragraphs 1^er and 2:
"Electronic production facilities from the winds in the marine areas on which Belgium can exercise jurisdiction in accordance with international maritime law, subject to a state concession referred to in Article 6, granted after 1^er July 2007, may request the Minister not to connect to an installation for the transmission of electricity in the marine areas on which Belgium may exercise jurisdiction in accordance with international maritime law, referred to in 13/1. If the King, by order deliberately in the Council of Ministers, grants the authorization not to log in, the network manager shall finance the cost of the submarine cable up to one third, for a maximum amount of 25 million euros in accordance with the terms defined in this paragraph and the minimum price for the produced wind energy, as fixed for the facilities whose financial closure takes place after 1^er May 2014 in accordance with the Royal Decree of 16 July 2002 on the establishment of mechanisms for the promotion of electricity produced from renewable energy sources, is increased by 12 euros/MWh.
For the facilities referred to in the second paragraph that connect to an installation for the transmission of electricity in the marine areas on which Belgium may exercise jurisdiction in accordance with international maritime law, referred to in Article 13/1, but located at a distance of more than 9 kilometers from that facility, the network manager finances a part, to be fixed by the King on the proposal of the commission and after the opinion of the network manager, the cost of the submarine cable making the connection to that facility. ".
Art. 5. Section 9, of the Act, last amended by the Act of 8 January 2012 and partially annulled by Constitutional Court Decision No. 117/2013, is amended as follows:
§ 2, paragraph 3, is repealed;
2° in § 2, paragraph 5 is replaced by the following:
"The audit committee, the compensation committee and the corporate governance committee are composed exclusively of non-executive directors and mostly independent directors";
3° § 2, last paragraph, is repealed;
4° § 7, paragraph 2, is repealed;
5° in § 9, the 1° is replaced by the following:
"1° the operational management of electricity networks;"
6° Article 9 is supplemented by a paragraph, as follows:
"§ 11. Sections 6 to 17 of the Act of 2 May 2007 on the advertisement of significant participations in issuers whose shares are admitted to negotiation on a regulated market and with various provisions are applicable to participations in the network manager, whether or not these shares are admitted to negotiation on a regulated market. Notifications to FSMA, in accordance with the above-mentioned provisions, should also be addressed to the Commission, within the time and form prescribed by and under the above-mentioned provisions. ".
Art. 6. Section 9bis of the Act, inserted by the Act of 14 January 2003 and last amended by the Act of 8 January 2012, is amended as follows:
1° in § 1^era paragraph, as follows, is inserted between subparagraphs 1^er and 2:
"By derogation from the first paragraph, and subject to the provisions referred to in Art. 10, § 2bis, the network manager must have, directly or indirectly, at least half of the capital and voting rights related to the securities issued by a subsidiary to develop, maintain and own the infrastructure and equipment that is part of an offshore interconnection. Any partners of the network manager are required to comply with the provisions of section 9 (1) of Directive 2009/72/EC."
2° to § 2, the first sentence is supplemented by the words "and the second paragraph. ";
3° in § 3, a paragraph, as follows, is inserted between paragraphs 1^er and 2:
"The board of directors of a subsidiary established under Article 9bis, § 1^er, paragraph 2, is composed, at least half, of administrators representing the network manager. Directors designated by the network manager must come from their board of directors or steering committee. ";
4° to paragraph 2, which became paragraph 3, paragraph 3, the words "first paragraph" between the words "seen to § 1^er," and the words ", and vice versa.", as well as between the words "seen to § 1^er," and "in respect of another" are replaced by the words "first and second paragraphs". .
Art. 7. In section 10 of the Act, last amended by the Act of 26 December 2013, the following amendments are made:
1° to § 2bis, references to Article 9ter are replaced by a reference to Article 9quater;
2° to § 2ter, references to Article 9ter are replaced by a reference to Article 9quater;
3° to § 2quater, references to Article 9ter are replaced by a reference to Article 9quater.
Art. 8. In the same Act, last amended by the Act of 26 December 2013, an article 13/1, which reads as follows:
"Art. 13/1. § 1^er. In accordance with the provisions of § 2, Article 2, 7 and Article 8 and without prejudice to the provisions of the Act of 20 January 1999 concerning the protection of the marine environment and the organization of the development of the marine spaces under the jurisdiction of Belgium, the King may, by order deliberately in the Council of Ministers and after notice of the commission, grant state concessions to the manager of the network for the construction and operation of the electricity installations in accordance with the law
§ 2. By decree deliberated in the Council of Ministers, after the advice of the commission, the King sets out the conditions and procedure for granting the state concessions referred to in § 1^erincluding:
1° Restrictions to prevent unduly interference with the use of regular maritime routes, marine fishing or marine scientific research by the construction or operation of the facilities involved;
2° the measures to be taken for the protection and preservation of the marine environment, in accordance with the provisions of the Act of 20 January 1999 referred to above;
3° the technical requirements to be met by the artificial islands, installations and works involved;
4° the procedure for the granting of the state concessions in question;
5° the rules concerning the modification, extension, transfer, withdrawal and extension of the state concession;
6° the determination of the duration of the concession.
The measures referred to in paragraph 1^er, 2°, are arrested on a joint proposal by the Minister and the Minister who has the protection of the marine environment in his powers.
This procedure is carried out in accordance with the Act of 20 January 1999 concerning the protection of the marine environment and the organization of the development of marine spaces under Belgian jurisdiction and its enforcement orders.".
Art. 9. Article 18bis, § 1^erParagraph 1^er, from the same law, replaced by the law of December 26, 2013, the signs of punctuation "..." between the words "publication of the law of" and the words "portant dispositions divers en matière d'énergie" are replaced by the words "December 26, 2013".
Art. 10. In section 23, § 2, last amended by the Act of 3 April 2013, the following amendments are made:
1° paragraph 2, 4°, repealed by the law of 8 January 2012, is reinstated in the following wording:
"4° monitors and controls trade in wholesale energy products in accordance with Regulation (EU) No 1227/2011, in accordance with the respective competences of the Belgian Competition Authority, and FSMA. ";
2° in the last paragraph, the phrase "When the Executive Committee gives its advice (and proposals) to the Minister, it also transmits it to the General Council." is repealed.
3° § 2 is supplemented by a paragraph written as follows:
"In the exercise of these monitoring and control missions referred to in paragraph 2, 4°, the Commission shall cooperate with the Belgian Competition Authority and the FSMA and shall, where appropriate, communicate the necessary and relevant information to the proper execution of Regulation (EU) No. 1227/2011 or in the cases provided or authorized by that Regulation. When the commission receives information from other authorities as part of the exercise of its monitoring and control missions, it ensures the same level of confidentiality as that required by the authority that provides it, without prejudice to Article 26, § 2, paragraph 1^er"
Art. 11. In section 24 of the Act, last amended by the Act of 8 January 2012 and partially annulled by Constitutional Court Decision No. 117/2013, the following amendments are made:
1° in § 1^erParagraph 1^er, third sentence, the words "establish each" are replaced by the word "established";
2° § 3 is repealed.
Art. 12. In section 26 of the Act, last amended by the Act of 8 January 2012, the following amendments are made:
1° it is inserted a § 1^erter between § 1^erbis and § 2 as follows:
§ 1^erter. In the context of Articles 3, 4 and 5 of Regulation (EU) No 1227/2011, the Commission has the power to request information from all natural or legal persons concerned within a reasonable period of time, as well as the power to summon and hear them, as long as it motivates its application and that it falls within the scope and purpose of its investigation.
The natural or legal persons convened and heard in accordance with the first paragraph shall be assisted by counsel at their request. ";
2° to § 2, paragraph 1^er, the words ", as well as the controllers and experts who engage the commission," are inserted between the words "The members of the organs and the employees of the commission" and the words ", are subject to professional secrecy;" and paragraph 1^er is supplemented by the words "and without prejudice to Articles 16 and 17 of Regulation (EU) No 1227/2011, with the Belgian Competition Authority and the FSMA for information transmitted in accordance with the Regulations. ";
3° to § 2, a paragraph, as follows, is inserted between paragraphs 1^er and 2:
" Confidential information received, exchanged or transmitted under Regulation (EU) No. 1227/2011 shall not be disclosed except in the hypotheses permitted under Articles 16 and 17 of the Regulations. ";
4° in § 2, the old paragraph 2, becoming paragraph 3, the words "first paragraph" are replaced by the words "present paragraph".
Art. 13. In the same law, the title of the chapter "CHAPITRE VIter. - Power of suspension of the Council of Ministers", inserted by the Act of 20 July 2005, is replaced by the following:
"CHAPITRE VIter. - Advisory Board on Gas and Electricity. ".
Art. 14. Section 29 of the Act, repealed by the Act of 8 January 2012, is reinstated in the following wording:
Article 29sexies.- § 1^er. It is created a Gas and Electricity Advisory Council to the commission and the minister named. Its headquarters is located in the administrative district of Brussels-Capital. The Advisory Council on Gas and Electricity establishes its rules of procedure, which is subject to the approval of the King.
§ 2. The Gas and Electricity Advisory Board is composed of representatives of the federal government, representative organizations of workers, employers, middle classes and environmental associations, and producers, network manager, distribution network managers, intermediaries, suppliers and consumers. Regional Governments will be invited to delegate representatives. By deliberately decreed in the Council of Ministers, the King determines the composition and functioning of the Advisory Council on Gas and Electricity.
§ 3. The Gas and Electricity Advisory Board has the following tasks:
1° of initiative or at the request of the Minister, to propose recommendations for the application of this Act and the Act of 12 April 1965 on the carriage of gaseous and other products by pipelines and their enforcement orders;
2° of initiative or at the request of the Minister, to conduct studies and to submit notices in matters within the Minister's jurisdiction, including on the studies and advice of the commission;
3° to respond to any suggestions of opinion submitted to it by the commission; the Commission may request the Gas and Electricity Advisory Board to respond to this suggestion within 40 days, following receipt of the suggestion, for questions relating to notices requested under sections 19 and 32; to this end, extraordinary meetings of the Advisory Council on Gas and Electricity may be held;
4° to be a discussion forum on the objectives and strategies of energy policy, particularly on gas and electricity.
The Gas and Electricity Advisory Board may suggest that the Commission conduct studies or issue notices.
The final versions of the notices and studies of the Gas and Electricity Consulting Council are public and are published on the website of the Gas and Electricity Consulting Council while preserving the confidentiality of commercially sensitive information and/or personal data.
§ 4. The Advisory Council on Gas and Electricity has an adequate budget for the exercise of its duties, which is covered by the Commission. The terms and conditions of coverage and the nature of the fees of the Consulting Council may be specified by an agreement between the Commission and the Consulting Council.
§ 5. The Advisory Board of Gas and Electricity shall not give any instruction to the Commission; it acts independently of the commission and vice versa.".
Art. 15. In section 29septies of the Act, last amended by the Act of January 8, 2012, the words "or general council" between the words "of steering committee" and the words "of the Commission" are repealed.
Art. 16. In article 30bis, § 3, of the same law, as amended by the law of 8 January 2012, the following amendments are made:
1° in paragraph 2, the words "as well as Articles 3, 4 and 5 of Regulation (EU) No 1227/2011," are inserted between the words "and Article 26, § 1^er," and the words "in respect of";
2° in paragraph 2, the word "4°, " is inserted between the words "in respect of the execution of the duties of the commission referred to in Article 23, § 2, 3°, 3° bis," and the words "19° to 22°, 25° and 29°, to Article 23bis, Article 23ter and Article 26, § 1^erbis."
3° a paragraph, as follows, is inserted between paragraphs 2 and 3:
"For the purpose of guaranteeing the application of Articles 3, 4 and 5 of Regulation (EU) No. 1227/2011, the Commission may require that, within the scope and purpose of the investigation, it be provided with the existing telephone records and exchanged data. ";
4° two sub-paragraphs, as follows, are inserted between the former paragraphs 3 and 4, becoming paragraphs 4 and 5:
"When these acts have the character of a telephone call, they can only be laid under articles 90ter to 90decies of the Code of Criminal Investigation.
When a person makes a statement or any written or oral testimony in accordance with paragraph 3, paragraph 2, paragraph 2, it is assisted by counsel."
Art. 17. In section 31 of the Act, last amended by the Act of 8 January 2012, the following amendments are made:
1° to paragraph 1^er, the words "4° and" are inserted between the words "application under Article 23, § 2, paragraph 2," and the words "8° within the time limit that the commission determines. ";
2° to paragraph 1^er, the words "in the presence of his counsel" are inserted between the words "the commission may, the person heard or duly summoned" and the words ", impose an administrative fine on him. ";
3° to paragraph 1^er, the sentence "The fine is recovered for the benefit of the Treasury by the Administration of the value added tax, registration and domains." is repealed;
4° 3 sub-paragraphs, as follows, are inserted between subparagraphs 1^er and 2:
"In addition, if the person remains in default, upon the expiry of the time limit determined by the commission, to comply with all the provisions of which the commission supervises the application under section 23, § 2, paragraph 2, 4°, the commission may, the person duly heard and summoned, in the presence of its counsel, impose an offence on him. The embrace cannot be, per calendar day, less than 250 euros or more than 50,000 euros, nor, in total, more than 2,500,000 euros.
In the event of a recidivism of a person remaining in default of complying with all the provisions of which the commission monitors the application under section 23, § 2, paragraph 2, 4°, the commission may bring to a maximum the fine and/or double the maximum amount referred to in paragraph 1^er and 2.
The fine and treasury are recovered for the benefit of the treasury by the Non Tax Recovery Authority within the Finance SPF. ";
5° in the former paragraph 2, becoming paragraph 5, the words "and the breaches" are inserted between the words "Administrative fines" and the words "imposed by the commission to the network manager are not repeated in its costs";
6° in old paragraph 3, becoming paragraph 6, the words "and the astreintes" are inserted between the words "Administrative fines" and the words "imposed by the commission";
7° in old paragraph 4, becoming paragraph 7, the words "and the breaches" are inserted between the words "the amount of administrative fines" and the words "that the commission imposes upon them. ".
Art. 18. In the same Act, last amended by the Act of 26 December 2013, sections 31/1, 31/2 and 31/3 are inserted between sections 31 and 32:
"Art. 31/1. § 1^er. For the purpose of guaranteeing the application of Articles 3 to 5 of Regulation (EU) No 1227/2011 and with the prior authorization of an investigating judge, the persons referred to in Article 30bis, § 3, paragraph 1^er, may, by reason of decision, order, except in a private dwelling, the seizure of assets that are the property of the person investigated by the commission and which, either constitute the subject of the offence examined, or were intended or used to commit the offence in question, or constitute a heritage advantage derived directly from or constitute the equivalent of the offence.
Persons referred to in Article 30bis, § 3, paragraph 1^er, indicate in their decision the factual circumstances which justify the action taken and take into account, in order to motivate their decision, the principles of proportionality and subsidiarity.
For the purpose of carrying out this order, the persons referred to in Article 30bis, § 3, paragraph 1^er, may, if necessary, request assistance from public authorities.
The execution of the seizure is the subject of a report to which an inventory of all seized assets is attached. These assets are, to the extent possible, individualized.
§ 2. The reasoned decision to seizure referred to in paragraph 1^erParagraph 1^er, taken by persons referred to in Article 30bis, § 3, paragraph 1^er, extinguishes in full right, either on the expiry date of the appeal period against the decision of the commission to impose a fine and/or a breach in accordance with section 31, or on the day after the day on which the decision of the Brussels Court of Appeal was made in respect of the decision taken on the basis of section 31, pursuant to section 29bis.
Derogation from paragraph 1^er, the seizure, in respect of assets considered in the commission's decision or, if any, of the Brussels Court of Appeal as a heritage advantage derived directly from the offence or as the equivalent of such an advantage, is only extinguished at the time the fine and trespass imposed under section 31, has been paid in full.
Art. 31/2. For the purpose of guaranteeing the application of Articles 3 to 5 of Regulation (EU) No 1227/2011, and with the prior authorization of an investigating judge, the persons referred to in Article 30bis, § 3, paragraph 1^er, may, by reason of decision, impose on a natural or legal person in the head of which there are manifest indications of an offence within the meaning of Articles 3 to 5 of Regulation (EU) No 1227/2011, the temporary prohibition of the exercise of professional activities that involve a risk of a new offence to one of these provisions and which are specified in the decision.
The prohibition may apply only to natural and legal persons referred to in the decision of a person referred to in Article 30bis, § 3, paragraph 1^er, as well as the professional activities described therein with precision.
Persons referred to in Article 30bis, § 3, paragraph 1^er, indicate in their decision the factual circumstances which justify the action taken and take into account, in order to motivate their decision, the principles of proportionality and subsidiarity.
The prohibition is valid for a period of three months, renewable only once in the same procedure.
The prohibition shall take place only from the time the decision has been notified to the person referred to in Article 30bis, § 3, paragraph 1^er.
Art. 31/3. The penalties provided for in section 31 shall no longer be imposed within a period of more than 5 years from the commission of the offence or the violation of the specified provisions of this Act, its enforcement orders, subsequent laws relating to the rates or fees referred to in section 21bis, or any other provisions of which it monitors the application under section 23, § 2, paragraph 2, paragraph 2, 4 and 8°.
In the event of a continuing offence or of a continuing violation of the specific provisions of this Act, its enforcement orders, subsequent laws relating to the rates or the contribution referred to in Article 21bis, or any other provisions that it monitors the application under Article 23, § 2, paragraph 2, 4° and 8°, on the first day of that period is the day the offence ceased.
This period is interrupted whenever an act of instruction or administrative repression is exercised with respect to the person concerned. ".
CHAPTER III. - Amendment of the Act of 12 April 1965 on the transport of gaseous and other products by pipelines
Art. 19. Article 1^er of the Act of 12 April 1965 on the Transport of Gases and Others by Pipeline, last amended by the Act of 8 January 2012, the following amendments are made:
1° on 24°, repealed by law of 1^er June 2005 was reinstated in the following wording:
"24° "Regulation (EU) No 1227/2011": Regulation (EU) No 1227/2011 of the European Parliament and of the Council of 25 October 2011 concerning the integrity and transparency of the wholesale energy market, as well as the delegated and enforcement acts established by the European Commission on the basis of this Regulation;"
2° on 29°, repealed by the Act of 20 March 2003, is reinstated in the following wording:
""FSMA": Financial Services and Markets Authority established by the Act of 2 August 2002 on financial sector monitoring and financial services;"
3° between 29° and 30° a 29° bis, written as follows, is inserted:
"29° bis "Administration de la Qualité et Sécurité" : la Direction générale de la Qualité et Sécurité du Service Public Fédéral - Economie, P.M.E., Classes Moyennes et Energie ;";
4° between 30° and 31° a 30° bis, written as follows, is inserted:
"30° bis "Technical codes of transport facilities": the codes referred to in Article 17, § 2, of this Law;"
5° on 46°, repealed by the law of 8 January 2012, is reinstated in the following wording:
"46° " Compensation Fund": the Subsidiary Response Compensation Fund referred to in Article 13/1^er of this Act;
6° on 47°, repealed by the Act of 20 March 2003, is reinstated in the following wording:
"47° "cost of the measures for the maintenance of the transport facility": the cost of the measures related to the transport facility that are necessary to ensure its maintenance or protection, without modification of its location or route;"
7° on 48°, repealed by the Act of 20 March 2003, is reinstated in the following wording:
"48° "cost of modification of the location or route of the transport facility": the preparatory costs, the cost of the materials of the transport facility and the costs of execution;"
8° on 49°, repealed by the law of 8 January 2012, is reinstated in the following wording:
"49° "preparative costs": the necessary costs before you can implement a modification of the location or route of a transport facility, in particular the costs of studying and designing a new location or layout, as well as a new infrastructure, the costs associated with the procedure for modifying the transport authorization, as well as the possible costs of acquiring rights on the sites concerned by the new route;
9° between the 49° and 50° are inserted the 49° bis and 49° ter as follows:
"49° bis "cost of the materials of the transport facility": the cost of the elements of the pipeline and the direct accessories of the transport (including pumps and valves), which must be replaced or added when the installation or route of a transport facility is modified off-service as well as the recommissioning of the transport facility, the costs of dismantling as well as the installation and testing costs of the installation and
49° ter "executive costs": the cost of the implementation of the work of modifying the location or route of a transport facility, the cost of the incidental work (including temporary measures related to the deviation of the facility), the cost of materials other than that of the transport facility, the costs of off-duty work as well as the recommissioning of the transport facility, the costs of dismantling, and ";
10° to 63°, the "" is replaced by a ";"
11° Article 1^er is completed by the 64° to 69°, as follows:
"64° privileged information": any privileged information within the meaning of Article 2, (1), Regulation (EU) No 1227/2011;
65° "market manipulations": any market manipulation within the meaning of Article 2, (2), Regulation (EU) No 1227/2011;
66° "attempting market manipulation": any attempt to market manipulation within the meaning of Article 2, (3), Regulation (EU) No 1227/2011;
67° "large energy products": any wholesale energy product within the meaning of Article 2, (4), Regulation (EU) No 1227/2011;
68° "consumption capacity": the consumption capacity within the meaning of Article 2, (5), Regulation (EU) No 1227/2011;
69° "big energy market": the wholesale energy market within the meaning of section 2, (6), of Regulation (EU) No 1227/2011;".
12° Article 1^er is supplemented by the 70°, 71°, 72° and 73° written as follows:
"70° "building ground": the land on which a building is located, the main or exclusive function of which involves the sustainable shelter of persons;
71° "Non-constructed ground" : any land other than that referred to in the 70°;
"72° "mur infranchissable" : the wall intended to prevent access to a private land;
"73° "insurmountable fence": the fence equivalent to a wall intended to prevent access to a private land. The fences of meadows, fields, or wood, whatever the material used, are not considered to be insurmountable fences. ".
Art. 20. Article 4, paragraph 1^er of the same law, last amended by the Act of 8 January 2012, is supplemented by a 5° written as follows:
"5° acts and works of minimal importance which are exempted from a transport authorization or subject to an obligation of declaration.".
Art. 21. Section 1 title^re Chapter IV is replaced by the following:
"Section 1^re - Rights and Obligations arising from the authorization of carriage, declaration of public utility and modification of the route".
Art. 22. Section 1^re Article 8/7 of the Act reads as follows:
"Art. 8/7. Without prejudice to section 4 the transport facilities, regardless of the beneficiary, and all work carried out for the purpose of the installation and operation of these facilities, shall be deemed irrefragably of public utility.
The King defines the terms of paragraph 1^er of this article. ".
Art. 23. In section 9 of the Act, last amended by the Act of 29 April 1999, paragraphs 2 and 3 are replaced by the following:
"When a public domain manager finds a problem of compatibility between a transport facility located on the public domain and a public utility project, he sends a notification explaining the compatibility problem to the holder of the transport authorization on the pre-study, with a copy to the Directorate General of Energy.
Within 15 days of the receipt of this notification, a consultation will be opened between the public domain manager, the holder of the authorization for transport and, where applicable, the Energy Administration.
This consultation is of a minimum duration of 60 days and a maximum of 120 days.
At least the dialogue focuses on the principle, modalities and timing of the implementation of the necessary measures to ensure compatibility, taking into account the interests of the parties concerned.
In the event that the consultation leads to an agreement, the measures provided for therein are implemented and unless otherwise agreed, the cost of the modification of the route shall be determined in accordance with paragraphs 8 to 12 if measures are imposed.
If there is no agreement at the end of the consultation, and without prejudice to the Minister's jurisdiction to amend the authorization for carriage, the manager of the public domain in question may impose measures consisting of either the carrying out of work enabling the maintenance of the facility (including its protection), or the modification of the facility's location or layout. The terms and conditions for the execution of the above measures must be mutually agreed with the holder of the transport authorization.
Where the notification referred to in paragraph 2 is received by the holder of the transport authorization less than ten years after the establishment is put into service, the cost of the measures for the maintenance of the transport facility or the cost of the modification of the implantation or route of the transport facility shall be borne by the manager of the public domain and by the holder of the transport authorization, in accordance with a distribution defined in percentage, taking into account the
In other cases, these costs are shared in a proportionate and reasonable manner between the public domain manager and the holder of the transportation authorization.
The costs that do not relate to the costs of the measures for the maintenance of the transportation facility and the costs of modifying the location or route of the facility and that are borne by the holder of the transport authorization or by the manager of the public domain remain at their expense, without prejudice to the possibility of recovering them on the basis of common law.
The public domain manager who imposes the measures may require a prior estimate of the costs incurred.
The King shall set out the terms and conditions for the execution of this Article, in particular with regard to the consultation referred to in paragraphs 3 to 7 and the apportionment of the costs referred to in paragraphs 8 to 11. ".
Art. 24. In section 10 of the Act, last amended by the Act of 29 April 1999, the following amendments are made:
1° to paragraph 1^er, the words "non-built private land that is not enclosed with walls or fences conforming to the building or urban planning regulations" are replaced by the words "of all or part of unbuilt private land that are not fully enclosed with walls or fences insurmountable";
2° in paragraph 3, the words "work cannot be started" are replaced by the words "the installation work of the transport facilities cannot be started".
Art. 25. In section 11 of the Act, last amended by the Act of 29 April 1999, the following amendments are made:
1° in 1^er paragraph, the first sentence beginning with the words "The partial occupation" and ending with the words "is affected" is replaced by the following sentence: "The partial occupation of the public domain or private lands must respect the use to which they are assigned. ";
2° paragraphs 2 and 3 are repealed.
Art. 26. Section 12 of the Act is replaced by the following:
"The owner of the encumbered private fund of the servitude provided for in section 11 may, within the time limit set by the King, inform the Minister that he requests the beneficiary of that servitude to purchase the occupied part of the land.
If there is no amicable sale agreement between the owner of the encumbered fund and the holder of a transport authorization, the provisions of section 14 below shall apply.
Gas transport facilities must be moved and, if necessary, removed from the request of the owner of the encumbered fund or of the owner who is entitled to erect constructions or encumberment of an insurmountable wall or fence.
If the persons referred to in paragraph 3 use this right without requiring the movement or removal of the gas transport facilities, the beneficiary of the servitude retains the right to exercise the supervision of these facilities and perform the work necessary for their operation, maintenance and repair.
The costs of moving or removing transportation facilities are borne by the beneficiary of the servitude. However, persons referred to in paragraph 3 are required to notify the beneficiary of the servitude in writing at least six months before undertaking the planned work. ".
Art. 27. Section 13, paragraph 3, of the Act, last amended by the Act of 29 April 1999, is repealed.
Art. 28. In Article 15/1^er of the Act, as amended lastly by the Act of 26 December 2013, are inserted in paragraphs 3/1^er to 3/3, as follows:
§ 3/1^er. The natural gas transport network manager establishes a Subsidiary Response Compensation Fund, as described below as the Compensation Fund. The Compensation Fund indemnifies, regardless of the imputation of responsibilities, for "the account of whom it will belong" the victim of a bodily injury of an accident that occurred on the network of the natural gas transport manager that cannot obtain compensation if this damage is exclusively related to the activity of a third party, to a fault of the victim, a fortuitous case or force majeure. The Compensation Fund also intervenes in cases of a proven fault of the transport network manager in accordance with sections 1382 and 1383 of the Civil Code.
The Compensation Fund also compensates the economic and moral consequences of bodily injury and death. Legally subrogated organizations do not have the right to appeal against the Fund.
The Compensation Fund is represented by the natural gas transportation network manager for all administrative and legal acts. He has no legal personality.
The King may, by royal decree deliberated in the Council of Ministers, extend the establishment of such a fund to other holders of a transport authorization.".
§ 3/2. The total amount of compensation payable by the Compensation Fund under § 3/1^er for damage repairs does not exceed 30 million Euros per calendar year. The Compensation Fund shall apply to the conditions established by the King for victims or persons entitled to an accident in Belgium in the cases referred to in § 3/1^er of this section of this Act. The principal principle of the transaction is also arrested by the King.
Without prejudice to Article 4 of the preliminary title of the Criminal Instruction Code, the Compensation Fund is required to compensate any person who has suffered bodily harm in the cases referred to in § 3/1^er and this, regardless of the imputation of responsibilities. It also compensates the economic and moral consequences of bodily injury and death. Legally subrogated organizations do not have the right to appeal against the Fund.
The Compensation Fund is also required to compensate any person who has suffered injury in the cases referred to in § 3/1^er.
When the Compensation Fund intervenes, the allowances must result from an amicable compensation procedure, with a transaction value or a court decision.
The Compensation Fund is subrogated in the rights of the victim against any person in respect of which the victim may claim a right to compensation without prejudice to section 1252 of the Civil Code. The Fund is also entitled to interest at the legal rate in civil matters and recovery costs.
When the Compensation Fund passes with the victim, the acceptance of the compensation offer by the victim or, in the event of death, his or her eligible beneficiaries is a transaction within the meaning of section 2044 of the Civil Code.
The compensation rights provided for in this section shall, in the absence of a request for a transaction or in the absence of a legal action pursuant to the provisions of paragraphs 3/1^er and 3/2, within 3 years after the date on which the damage occurred.
The Fund is exempt from any obligation if it proves that the damage results from an act of war or terrorism.
§ 3/3. Contributions to the Compensation Fund are paid by the Natural Gas Carriage Network Manager on the terms set by the King. These contributions constitute a public service obligation that is not covered in the fund mechanism provided for in section 15/11. Contributions are a cost within the meaning of Article 15/5bis, § 5, 2°, and this cost by itself cannot contribute to an increase in tariff.".
Art. 29. Article 15/12, § 2, of the same law, last amended by the law of 1^er June 2005, the following amendments are made:
1° in paragraph 1^er the words "and LNG activities" are inserted between the words "separate accounts for their activities of transport, distribution and storage of natural gas" and the words "and, if any, for all their activities".
2° a paragraph, as follows, is inserted between paragraph 1^er and paragraph 2 becoming paragraph 3:
"The revenues of the ownership of the transportation or distribution network are mentioned in the accounting. ".
Art. 30. In section 15/14 of the Act, last amended by the Act of 26 December 2013, the following amendments are made:
1° in § 1^er, paragraph 2, 7°, inserted by the law of January 8, 2012, the words "final clients" between the words "insure that" and the words "ineffective functioning" are replaced by the word "clients";
2° in § 2, paragraph 2, it is inserted a 5° bis, written as follows:
"5° bis monitors and controls trade in wholesale energy products in accordance with Regulation (EU) No 1227/2011, in accordance with the respective competences of the Belgian Competition Authority, and FSMA. ";
3° § 2 is supplemented by the following new paragraph:
"In the exercise of its monitoring and control missions referred to in paragraph 2, 5° bis, the Commission shall cooperate with the Belgian Competition Authority and the FSMA and shall communicate, where appropriate reciprocally, the information necessary and relevant to the proper execution of Regulation (EU) No. 1227/2011 or in the cases provided or authorized by that Regulation. When the commission receives information from other authorities as part of the exercise of its monitoring and control missions, it ensures the same level of confidentiality as that required by the authority which provides it without prejudice to Article 26, § 2, paragraph 1^er".
Art. 31. In section 15/16 of the Act, last amended by the Act of 8 January 2012, a paragraph 1 is inserted.^erter, as follows:
§ 1^erter. In the context of Articles 3, 4 and 5 of Regulation (EU) No 1227/2011, the Commission has the power to request information from all natural or legal persons concerned within a reasonable period of time, as well as the power to summon and hear them, as long as it motivates its application and that it falls within the scope and purpose of its investigation.
The natural or legal persons convened and heard in accordance with the first paragraph shall be assisted by counsel at their request. ".
Art. 32. In section 15/24 of the Act, last amended by the Act of 8 January 2012, the words "or general council" between the words "of the steering committee" and the words "of the Commission" are repealed.
Art. 33. The title of Chapter V of the Act is replaced by the following:
"Chapter V - Enforcement of law, safety rules and technical codes of transport facilities".
Art. 34. In article 16, paragraph 1^erin the same Act, as amended last by the Act of 29 April 1999, the following amendments are made:
1° 1° is repealed;
2° on 8° is supplemented by the following sentence: "These requirements may provide for security obligations to dependants of legal and physical persons who carry out work near the pipelines, without prejudice to the provisions of Chapter V of the Law of 4 August 1996 on the welfare of workers during the execution of their work and its enforcement orders."
Art. 35. Section 17 of the Act, repealed by the Act of 29 April 1999, is reinstated in the following wording:
"Art. 17. § 1^er. After the advice of the SPF's Energy Directorate - Economy and Opinion of the SPF's Quality and Security Administration - Economy, the King determines the general safety requirements for the design, construction, operation and decommissioning of transport facilities.
These general requirements include:
1° the obligations of the holder of a transportation authorization for the prevention and treatment of accidents through the establishment of a safety management system and an emergency plan;
2° the reserved area and the prohibitions of construction, occupation, work or plantations thereof;
3° the depths of pipeline buried and the conditions to which an air facility can be used;
4° the protection of the course;
5° corrosion protection;
6° the materials used and the specification for the supply of materials as well as the testing and control of materials;
7° the specifications for the calculation of the pipe;
8° the specifications for the execution of the work on the site during the laying of the pipes;
9° the control of the assemblies;
10° the inspection of work after installation and reception tests at the level of the leakage;
11° operating conditions; including monitoring of transport facilities, as well as pressure, temperature and wall thickness of transport facilities;
12° the obligations of the bodies for the control of the transport facilities; and
13° the requirements for risk analysis.
§ 2. On a proposal from one or more holders of a transport authorization and after notice from the SPF Quality and Safety Administration - Economy, or on a proposal from the SPF Quality and Security Administration - Economy and after consultation with one or more holders of a transport authorization, the Minister approves the Technical Codes.
The respective Technical Codes establish the technical measures necessary for the performance of the general safety requirements referred to in § 1^er. of this Article by detailing the safety requirements, including the design, construction, operationalization, monitoring, maintenance, and decommissioning of transport facilities, the safety management system and the emergency plan.
§ 3. The Minister may delegate to SPF officials - Economy that he designates for specific functions provided by him:
1° the power to set general technical measures within the limits provided by the King;
2° the power to set individual technical measures within the limits provided by the King;
Art. 36. In the same law, in the same chapter V, an article 17/1 is inserted as follows:
"17/1. § 1^er. Transport facilities shall be designed, constructed, operated and decommissioned in accordance with the rules laid down in Articles 16 and 17.
The holder of a transport authorization shall establish, operate, maintain, develop and dispose of a transportation facility in an economic and safe manner and shall implement reasonable means to ensure the safety of goods and persons, in accordance with the environment.
§ 2. The obligations under § 1^er of this section shall be considered, in the head of the holder of a transport authorization to be completed, where the holder complies with this Act and with the enforcement orders provided for in sections 16 and 17 of the Act and with or with the authorizations for carriage.
Without prejudice to the responsibilities of the interveners during the execution of the work in the vicinity of the transportation facilities referred to in the Royal Decree of September 21, 1988, the transport facilities must bear the internal and external requests to which they are likely to be subject under normal operating conditions as described in the Technical Codes. This obligation of the holder of the transport authorization constitutes an obligation of means.".
Art. 37. In the same law, in chapter VI, a new section 17/2 is inserted as follows:
"Art. 17/2. § 1^er. Are punished with an administrative fine of 50 to 20,000 euros:
1° those who impede the verification and investigation carried out under this Act, refuse to give the information they are required to provide under this Act or knowingly give them inaccurate or incomplete information;
(2) those who contravene the provisions of this Act or any of its enforcement orders made on the basis of Articles 16 and 17.
In the event of an infringement examination, the amounts of administrative fines are accumulated, without the total being able to exceed the quadruple of the maximum provided for in paragraph 1st.
Corporations are civilly liable for fines to which their directors, managers or agents are sentenced for such offences.
§ 2. Without prejudice to the powers of judicial police officers, the King shall designate officials of the Federal Public Service Economie, P.M.E., Average Classes and Energy who are competent to search for and observe the offences under this Act and the decrees taken pursuant to it. Their minutes are held to prove otherwise.
§ 3. The officers charged for this purpose may, in the light of the minutes found to be an offence to the provisions of this Act and drawn up by the agents referred to in § 2, propose to the offenders the payment of a sum, determined under § 1^er, which extinguishes public action. The payment and perception procedures are fixed by the King.
§ 4. The natural or legal person to whom an administrative fine is imposed may, within the time limit set by the King for the payment of the fine, lodge an appeal against the decision to impose a fine with the Brussels Court of First Instance.
The appeal is filed by adversarial request on the basis of articles 1034bis et seq. of the Judicial Code.
This appeal suspends the enforcement of the decision.
The provisions of Book 1^er the Criminal Code is applicable, including Chapter VII and Article 85.
Art. 38. In Article 18, § 3, of the same Act, last amended by the Act of 8 January 2012, the following amendments are made:
1° in paragraph 2, the words "as well as Articles 3, 4 and 5 of Regulation (EU) No 1227/2011," are inserted between the words "and Article 15/16, § 1^er," and the words "in respect of";
2° to paragraph 2, between the words "the offences of the article" and the words ", 12° and 13°, 16° to 18°, 20°, 23° and 25°", the words "15/14, § 2, 3°, 3° bis" are replaced by the words "15/14, § 2, paragraph 2, 5° bis";
3° to paragraph 2, between the words "the commission referred to in the article" and the words ", 12° and 13°, 16° to 18°, 23° and 25°, ", the words "15/14, § 2, 3°, 3° bis" are replaced by the words "15/14, § 2, 5° bis";
4° a paragraph, as follows, is inserted between paragraphs 2 and 3:
"For the purpose of guaranteeing the application of Articles 3, 4 and 5 of Regulation (EU) No. 1227/2011, the Commission may require that, within the scope and purpose of the investigation, it be provided with the existing telephone records and exchanged data. ";
5° between former paragraphs 3 and 4, becoming paragraphs 4 and 7, are inserted two paragraphs, as follows:
"When these acts have the character of a telephone call, they can only be laid under articles 90ter to 90decies of the Code of Criminal Investigation.
When a person makes a statement or any written or oral testimony in accordance with § 3, paragraph 2, 2°, it is assisted by counsel."
Art. 39. In section 20/2 of the Act, last amended by the Act of 8 January 2012, the following amendments are made:
1° to paragraph 1^er, the words "and 5° bis" are inserted between the words "or any other provisions of which it monitors the application under Article 15/14, § 2, paragraph 2, 5°" and the words ", within the time limit that the commission determines";
2° to paragraph 1^er, the words "in the presence of his counsel" are inserted between the words "If this person remains in default on the expiry of the period, the commission may, the person heard or duly summoned" and the words ", impose an administrative fine on him. ";
3° to paragraph 1^er, the sentence "The fine is recovered for the benefit of the Treasury by the Administration of the value added tax, registration and domains." is repealed;
4° 3 sub-paragraphs, as follows, are inserted between subparagraphs 1^er and 2:
"In addition, if the person remains in default, upon the expiry of the time limit determined by the commission, to comply with all the provisions of which the commission supervises the application under Article 15/14, § 2, paragraph 2, 5° bis, the commission may, the person duly heard and summoned, in the presence of its counsel, inflict an offence on him. The embrace cannot be, per calendar day, less than 250 euros or more than 50,000 euros, nor, in total, more than 2,500,000 euros.
In the event of a recidivism of a person remaining in default of complying with all the provisions of which the commission monitors the application under section 15/14, § 2, paragraph 2, 5° bis, the commission may bring to the maximum the fine and/or the extent of the maximum amount referred to in paragraphs 1^er and 2.
The fine and treasury are recovered for the benefit of the treasury by the Non Tax Recovery Authority within the FPS Finance. ";
5° in the old paragraph 2, becoming paragraph 5, the words "and the breaches" are inserted between the words "Administrative fines" and the words "imposed by the commission to the network manager are not repeated in its costs" and between the words "the amount of administrative fines" and the words "that they impose the commission".
Art. 40. In the same law, between articles 20/2 and 21, articles 20/3, 20/4 and 20/5 are inserted, as follows:
"Art. 20/3. § 1^er. For the purpose of guaranteeing the application of Articles 3 to 5 of Regulation (EU) No 1227/2011 and with the prior authorization of an investigating judge, the persons referred to in Article 18, § 3, paragraph 1^er, may, by reason of decision, order, except in a private dwelling, the seizure of assets that are the property of the person investigated by the commission and which, either constitute the subject of the offence examined, or were intended or used to commit the offence in question, or constitute a heritage advantage derived directly from or constitute the equivalent of the offence.
Persons referred to in Article 18, § 3, paragraph 1^erin their decision under paragraph 1^er, the factual circumstances that justify the action taken and they take into account, in order to motivate their decision, the principles of proportionality and subsidiarity.
For the purpose of carrying out this order, the persons referred to in Article 18, § 3, paragraph 1^er, may, if necessary, request assistance from public authorities.
The execution of the seizure is the subject of a report to which an inventory of all seized assets is attached. These assets are, to the extent possible, individualized.
§ 2. The reasoned decision to seizure referred to in paragraph 1^erParagraph 1^er, taken by persons referred to in Article 18, § 3, paragraph 1^er, extinguishes in full right either on the expiry date of the appeal period against the decision of the commission to impose a fine and/or a breach in accordance with Article 20/2, the day after the day on which the decision of the Court of Appeal of Brussels was made in respect of the same decision taken on the basis of Article 20/2, pursuant to Article 15/20.
Derogation from paragraph 1^erthe seizure, in respect of the assets considered in the commission's decision or, if any, of the Brussels Court of Appeal as a heritage advantage derived directly from the offence or as the equivalent of such an advantage, is only extinguished at the time when the fine and the offence under section 20/2 has been paid in full.
Art. 20/4. For the purpose of guaranteeing the application of Articles 3 to 5 of Regulation (EU) No 1227/2011, and with the prior authorization of an investigating judge, the persons referred to in Article 18, § 3, paragraph 1^er, may, by reason of decision, impose on a natural or legal person in the head of which there are manifest indications of an offence within the meaning of Articles 3 to 5 of Regulation (EU) No 1227/2011, the temporary prohibition of the exercise of professional activities that involve a risk of a new offence to one of these provisions and which are specified in the decision.
The prohibition may apply only to natural and legal persons referred to in the decision of a person referred to in Article 18, § 3, paragraph 1^er, as well as the professional activities described therein with precision.
Persons referred to in Article 18, § 3, paragraph 1^er, indicate in their decision the factual circumstances which justify the action taken and take into account, in order to motivate their decision, the principles of proportionality and subsidiarity.
The prohibition is valid for a period of three months, renewable only once in the same procedure.
The prohibition shall take place only from the time the decision has been notified to the person referred to in Article 18, § 3, paragraph 1^er.
Art. 20/5. The penalties provided for in section 20/2 shall no longer be imposed within a period of more than 5 years from the commission of the offence or the violation of the specified provisions of this Act, its enforcement orders, subsequent laws relating to the rates or the contribution referred to in section 15/11, or any other provisions of which it monitors the application under section 15/14, § 2, paragraph 2, 3° and
In the event of a continuing offence, or of a continuing violation of the specific provisions of this Act, its enforcement orders, subsequent laws relating to the rates or the contribution referred to in Article 15/11, or any other provisions that it monitors the application under Article 15/14, § 2, paragraph 2, 3 and 5°, on the first day of that period is the day the offence ceased.
This period is interrupted whenever an act of instruction or administrative repression is exercised with respect to the person concerned. ".
CHAPTER IV. - Amendment of the Act of 10 March 1925 on Electric Power Distributions - Declaration of Public Use
Art. 41. In Article 9 of the Act of 10 March 1925 on the distribution of electrical energy the words "and all installations necessary for the transport of electricity" are inserted between the words "electric conductors" and the words "on or under public channels".
Art. 42. In section 11 of the Act, the following amendments are made:
1° to paragraph 1^er, the words "of the King" are replaced by the words "according to the terms defined by the King".
2° in paragraph 2, the words "by the King" are replaced by the words "according to the terms defined by the King".
Art. 43. In article 13 of the same law, the words "and the placement of all facilities necessary for the transport of electricity" are inserted between the words "air or underground lines" and the words ", on condition".
Art. 44. In section 14 of the Act, the following amendments are made:
1° to paragraph 1^er, 3°, the words "and the trees as well as remove the roots" are inserted between the words "trees of trees" and the words "that are" and the words "or underground" are inserted between the words "air drivers" and the words "electrical energy";
2° in paragraph 2, the words "or to remove as provided in the 3°" are inserted after the words "to cut";
3° in paragraph 2, the words "trees of trees" are repealed;
4° in paragraph 2, the words "branching" are replaced by the words "work".
Art. 45. In section 15 of the Act, the following amendments are made:
1st paragraph 1^er is replaced by the following:
"The King sets out the terms according to which, it may be stated that there is a public utility to establish the electrical lines of the electric transport network and all connections to it on or under unbuilt private land that are not closed with walls or other equivalent fences. ";
2° in paragraph 3 the word "government" is replaced by the word "Roi".
Art. 46. In section 16, paragraph 2, of the Act the words "to the government" are replaced by the words "to the authority designated by the King".
Art. 47. The following amendments are made to section 22 of the Act:
1° to paragraph 1^er the words "of the Minister of Industry and Labour" are replaced by the words "of the Federal Public Service Energy Directorate Economics, P.M.E., Average Classes and Energy";
2° in paragraph 3 the words "Minister of Industry and Labour" are replaced by the words "Minister who to Energy in his or her powers";
3° in paragraph 5, the words "Notice of the committee or the competent section" are replaced by the words "consultation by written procedure to the committee or the competent section within sixty days of the completion of the instruction. The members of the committee consulted are expected to mark their unconditional agreement, if, within eight days, they did not send a notice to the Energy Administration duly substantiated in writing." .
CHAPTER V. - Confirmation of Royal Decrees under the Act of 29 April 1999 on the organization of the electricity market and the Act of 12 April 1965 on the transport of gaseous and other products by pipelines
Art. 48. The Royal Decree of 18 December 2013 amending the Royal Decree of 24 March 2003 setting out the terms and conditions of the federal contribution for the financing of certain public service obligations and costs related to the regulation and control of the electricity market, is confirmed with effect to 1^er January 2014.
Art. 49. The Royal Decree of 26 January 2014 setting the amounts for the financing of nuclear liabilities BP1 and BP2 for the period 2014-2018, pursuant to Article 3, § 2, of the Royal Decree of 24 March 2003, setting out the terms of the federal contribution for the financing of certain public service obligations and the costs related to the regulation and control of the electricity market, is confirmed with effect to 1^er January 2014.
CHAPTER VI. - Final and transitional provisions
Art. 50. Until the King's approval of the rules of procedure referred to in section 29sexies of the Act of 29 April 1999 on the organization of the electricity market, as re-established by section 14 of this Act, the terms defined in the Royal Decree of 3 May 1999 on the composition and operation of the general council of the Commission of Regulation of Electricity of last §
Art. 51. The King determines the entry into force of articles 20 to 28 included and articles 33 to 36 included.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 8 May 2014.
PHILIPPE
By the King:
Deputy Prime Minister and Minister of the Interior and Equal Opportunities,
Ms. J. MILQUET
The Secretary of State for Energy,
Mr. WATHELET
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) House of Representatives: (www.lachambre.be):
Documents: 53-3511 - 2013/2014
Full report: 22 April 2014
Senate (www.senate.be):
Documents: 5-2869 - 2013/2014.