Miscellaneous Provisions Act On Energy (1)

Original Language Title: Loi portant des dispositions diverses en matière d'énergie (1)

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014011326&caller=list&article_lang=F&row_id=700&numero=712&pub_date=2014-06-04&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-06-04 Numac: 2014011326 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES average and energy may 8, 2014. -Miscellaneous Provisions Act on energy (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: chapter I:. -Available general Article 1.
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 of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC and Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC.
This law is also implementing Regulation (EU) no 1227/2011 of the European Parliament and of the Council of 25 October 2011 on the integrity and transparency of the wholesale market of energy.
CHAPTER II. -Amendment of the Act of 29 April 1999 on the organisation of the market for electricity s.
2 A article 2 of the law of 29 April 1999 on the organisation of the electricity market, as last amended by the Act of 26 December 2013, the following changes are made: 1 ° 31 °, repealed by the Act of January 8, 2012, is restored in the following wording: "31 °"Regulation (EU) no 1227/2011": Regulation (EU) no 1227/2011 of the European Parliament and of the Council of 25 October 2011 on the integrity and transparency of the market" wholesale energy, as well as delegated acts and enforcement established by the European Commission on the basis of this regulation; ";
2 ° the 32 °, repealed by the Act of January 8, 2012, is restored in the following wording: ""FSMA": services and financial markets authority established by the law of 2 August 2002 on the supervision of the financial sector and financial services;";
3 ° to 50 °, the '. 'is replaced by a'; ';
4 ° article 2 is supplemented by the 55 °, as follows: "55 °"offshore interconnector": equipment, in the form of electric cables or lines and positions high voltage connected to these lines or cables and their accessories, which have as a main purpose to interconnect Belgian electrical networks to grids of another State and where some of these equipment borrow marine spaces on which the Belgium may exercise its jurisdiction;";
5 ° article 2 is supplemented by the 56 °, as follows: "56 °" financial close ": time at which the official financial agreements conclusion takes place with all the parties primarily concerned, so that the Setup project is capable of enforcement at the financial-economic level, and the financial aspects are known with certainty or estimated, as the costs of investments compared to the turbines, foundations" , cables and the actual installation of the project, the costs for the "operation & maintenance" and wind forecasts, the valorisation of the electricity to produce, price and assurance regarding a project for new facilities for the production of electricity from wind in marine areas where the Belgium has jurisdiction in accordance with international maritime law, which are the subject of a State concession referred to in article 6;";
6 ° article 2 is supplemented by the 57 ° to 62 °, worded as follows: ' 57 ° "inside information": any information within the meaning of article 2 (1) of Regulation (EU) no 1227/2011; "
58 ° "market manipulation": all market manipulation within the meaning of article 2, (2) of Regulation (EU) no 1227/2011;
59 ° "market manipulation attempt": any attempt of market manipulation within the meaning of article 2 (3) of Regulation (EU) no 1227/2011;
60 ° 'wholesale energy products': any product energy wholesale within the meaning of article 2, (4) of Regulation (EU) no 1227/2011;
61 ° 'consumption capability': the ability of consumption within the meaning of article 2 (5) of Regulation (EU) no 1227/2011;
62 ° "wholesale energy market": the market of wholesale energy within the meaning of article 2 (6), of Regulation (EU) no 1227 / 2011 "."
S. 3. in the same Act, as last amended by the Act of December 26, 2013, a new article 6/1 is inserted, worded as follows: "article 6/1. § 1.
In compliance with the provisions adopted pursuant to paragraph 2 and without prejudice to the provisions of the law of 20 January 1999 on the protection of the marine environment and the Organization of the marine spaces under jurisdiction of the Belgium, the King may, by Decree deliberated in the Council of Ministers, after consultation of the commission, State concessions for the construction and operation of hydroelectric energy storage facilities in marine areas under jurisdiction of the Belgium namely the territorial sea, the exclusive economic zone and the continental shelf, the Act of 13 June 1969 on the continental shelf of the Belgium.
These facilities may not benefit from the mechanism of support referred to in article 7, § 1, or any other form of subsidy or financial support of the State or the electricity consumer.
§
2. By Decree deliberated in the Council of Ministers, after the commission's opinion, the King fixed the conditions and the procedure for granting the concessions referred to the § 1, and in particular: 1 ° restrictions aimed at preventing that the construction or operation of the facilities in question interfere unduly with the use of regular maritime routes, sea fishing or marine scientific research;
2 ° measures to be taken for the protection and preservation of the marine environment, in accordance with the provisions of the aforementioned law of January 20, 1999;
3 ° the technical requirements to be met by the artificial islands, installations and structures in question;
4 ° the procedure for granting the concessions in question ensuring appropriate publicity of the intention to grant a concession as well as, where appropriate, effective competition of candidates;
5 ° rules on transfer and withdrawal of the concession;
(6) the determination of the duration of the concession;
7 ° the financial requirements to meet the artificial islands, installations and structures in question.
The measures referred to in paragraph 1, 2 °, of the present subsection shall be adopted on the joint proposal of the Minister and the Minister who has the protection of the marine environment in his or her attributions.
This procedure is conducted in accordance with the law of 20 January 1999 on the protection of the marine environment and the Organization of the marine spaces under jurisdiction of the Belgium and its execution decrees.
§ 3. Article 4 does not apply to the facilities referred to the § 1. "."
S. 4A section 7 of the Act, inserted by the law of July 20, 2005, the following changes are made: 1 ° to the § 1, paragraph 4 is supplemented by the words "and by article 28 of the law of 26 December 2013 on the provisions on energy.";
2 ° to the § 1bis, paragraph 1 is supplemented by the following sentence: "in addition, the commission compares and evaluates, before September 30, 2016, the consequences for the consumer and the status of the two mechanisms of obligation of redemption by the network manager at a minimum price established for offshore wind energy by stopped royal 16 July 2002 on the establishment of mechanisms for the promotion of electricity produced from renewable energy sources" namely a mechanism with a fixed minimum price and a mechanism with a variable minimum price. ';
3 ° to § 2, paragraph 1, the words "granted prior to July 1, 2007," shall be inserted between the words "of a State concession referred to in article 6" and the words "Network Manager finance at height by one-third the cost of the submarine cable".
4 ° to § 2, two paragraphs, written as follows, shall be inserted between paragraphs 1 and 2: "installations for the production of electricity from the winds in the waters on which the Belgium may exercise its jurisdiction in accordance with international maritime law, subject to a Crown grant referred to in article 6, granted after July 1, 2007, may ask the Minister not to connect to a system for the transmission of electricity in the waters on which the" Belgium may exercise its jurisdiction in accordance with international maritime law, referred to in article 13/1. If the King, by Decree deliberated in the Council of Ministers, issues an authorization not to connect, network manager finance at height by one-third the cost of the submarine cable, and this for a maximum amount of EUR 25 million as set forth in this paragraph and the minimum price for wind energy produced, such as fixed for installations whose financial close occurred after May 1, 2014, in accordance with the royal decree of 16 July 2002 concerning the establishment of mechanisms for the promotion of electricity produced from renewable energy sources, is increased from 12 EUR/MWh.
For installations referred to in the second paragraph that connect to a facility for the transmission of electricity in the marine spaces on which the Belgium may exercise its jurisdiction in accordance with international maritime law, referred to in article 13/1, but located at a distance of more than 9 kilometres from this installation, network manager finance part to be fixed by the King on the proposal

of the commission and after receiving the opinion of the network manager, the cost of the submarine cable making the connection to this facility. "."
S. 5. article 9 of the Act, as last amended by the Act of January 8, 2012 and partially cancelled by judgment No. 117/2013 of the Constitutional Court is amended as follows: 1 ° § 2, paragraph 3, is repealed.
2 ° in the § 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 majority of independent directors";
3 ° § 2, last paragraph, is repealed;
4 ° § 7, paragraph 2, is repealed.
5 ° in § 9, 1 is replaced by the following: "1 ° operational management of electricity networks;";
6 ° article 9 is supplemented by a paragraph, as follows: "§ § 11 11" Articles 6 to 17 of the Act of May 2, 2007 advertising of major holdings in issuers whose shares are admitted to trading on a regulated market various provisions, are applicable to investments in the network manager, that these actions are allowed or not to trading on a regulated market. Notifications to the FSMA, in accordance with the abovementioned provisions, must also be addressed to the Commission in time and form prescribed by and under the above provisions. "."
S. 6. article 9A, of the same Act, inserted by the law of 14 January 2003 and as last amended by the Act of January 8, 2012, is amended as follows: 1 ° in the § 1, a paragraph worded as follows, shall be inserted between paragraphs 1 and 2: "by way of derogation to paragraph 1, and subject to the provisions referred to in article 10 , § 2A, the network manager must have, directly or indirectly, at least half of the capital and voting rights related to securities issued by a subsidiary responsible for develop, maintain and own infrastructure and equipment as part of an offshore interconnection. Potential partners of the network manager must comply with the provisions of article 9 (1) of directive 2009/72/EC. ';
2 ° to § 2, the first sentence is supplemented by the words "and the second subparagraph.";
3 ° in § 3, a paragraph worded as follows, shall be inserted between paragraphs 1 and 2: "the Board of Directors of a subsidiary established under article 9A, § 1, paragraph 2, is composed for half at least, directors representing the Manager of the network."
Administrators designated by the network manager must come from its Board of directors or its Executive Committee. ";
4 ° to paragraph 2 became paragraph 3, paragraph 3, the words "first paragraph" between the words "referred to the § 1, 'and the words', and vice versa.", as well as between the words "referred to the § 1, 'and', another ' are replaced by the words 'first and second subparagraphs'. .
S. 7. at section 10 of the Act, as amended by the law of 26 December 2013, the following changes are made: 1 ° to the § 2A, the references to article 9B shall be replaced by a reference to article 9quater.
2 ° to the § 2B, references to article 9B shall be replaced by a reference to article 9quater.
3 ° to the § 2 references in article 9ter are replaced by a reference to article 9quater.
S.
8 in the same Act, as last amended by the Act of December 26, 2013, it is inserted an article 13/1, as follows: "article 13/1. § 1. In respect of the provisions of § 2, article 2, 7 ° and article 8 and without prejudice to the provisions of the law of 20 January 1999 on the protection of the marine environment and the Organization of the marine spaces under jurisdiction of Belgium, the King may, by Decree deliberated in the Council of Ministers and after consultation of the commission frontier concessions to the network manager for the construction and operation of facilities for the transmission of electricity in the marine spaces on which the Belgium may exercise its jurisdiction in accordance with international maritime law.
§
2. By Decree deliberated in the Council of Ministers, after the commission's opinion, the King fixed the conditions and the procedure for the granting of the State-owned concessions referred to the § 1, and in particular: 1 ° restrictions aimed at preventing that the construction or operation of the facilities in question interfere unduly with the use of regular maritime routes, sea fishing or marine scientific research;
2 ° measures to be taken for the protection and preservation of the marine environment, in accordance with the provisions of the aforementioned law of January 20, 1999;
3 ° the technical requirements to be met by the artificial islands, installations and structures in question;
4 ° the procedure of granting of the State-owned concessions concerned;
5 ° the rules on the amendment, extension, transfer, removal and extension of the concession lands;
6 ° determination of the duration of the concession.
The measures referred to in paragraph 1, 2 °, shall be adopted on the joint proposal of the Minister and the Minister who has the protection of the marine environment in his or her attributions.
This procedure is conducted in accordance with the law of 20 January 1999 on the protection of the marine environment and the Organization of the marine spaces under jurisdiction of the Belgium and its execution decrees. "."
S. 9A article 18bis, § 1, paragraph 1, of the Act, replaced by the law of 26 December 2013, punctuation "..." between the words "publication of law of" and the words "laying down various provisions on energy" are replaced by the words 'December 26, 2013'.
S. 10. in article 23, paragraph 2, as last amended by the Act of April 3, 2013, the following changes are made: 1 ° paragraph 2, 4 °, repealed by the Act of January 8, 2012, is restored in the following wording: "4 ° supervise and control trade in energy products wholesale in accordance with the Regulation (EU) no 1227/2011, in compliance with the respective competences of the Belgian competition authority , and the FSMA. ";
2 ° in the last paragraph, the sentence "When the Executive Committee submit its opinion (and proposals) to the Minister, it transmits it also to the general Council" is repealed.
3 ° § 2 is supplemented by a paragraph worded as follows: "in the exercise of these tasks of surveillance and control referred to in paragraph 2, 4 °, the commission cooperates with the Belgian competition authority and the FSMA and Exchange and communicates, conversely, appropriate information necessary and relevant to the performance of Regulation (EU) no 1227/2011 or in the cases provided for or permitted by this regulation. When the commission receives information from other authorities in the exercise of its tasks of monitoring and control, it provides the same level of confidentiality as that required of the authority which provides, without prejudice to article 26, § 2, paragraph 1. ";
S. 11. in article 24 of the Act, as amended by the Act of January 8, 2012 and partially annulled by judgment No. 117/2013 of the Constitutional Court, the following changes are made: 1 ° in the § 1, paragraph 1, third sentence, "establish each" shall be replaced by the word "establishes";
2 ° § 3 is repealed.
S. 12A section 26 of the Act, as amended by the Act of January 8, 2012, the following changes are made: 1 ° it is inserted a § 1B between the § 1bis and § 2 worded as follows: "§ 1B." Under sections 3, 4 and 5 of Regulation (EU) no 1227/2011, the commission has the power to request information from all persons or legal entities concerned within a reasonable time, as well as the power to summon them and hear them, for as much as it motivates his application and that it fits in the frame and the purpose of its investigation.
Physical or legal persons convened and heard in accordance with the first subparagraph are assisted by a Council at their request. ';
2 ° in § 2, paragraph 1, the words ", as well as the controllers and experts who committed the commission" shall be inserted between the words "the members of the organs and employees of the commission"and the words", are subject to professional secrecy;" and the paragraph 1 is supplemented by the words "and without prejudice to articles 16 and 17 of the Regulation (EU) no 1227/2011 the Belgian competition authority with the FSMA for the information submitted pursuant to the regulations. ";
3 ° to the § 2, a paragraph worded as follows, shall be inserted between paragraphs 1 and 2: "confidential information received, exchanged or transmitted pursuant to the Regulation (EU) no 1227/2011 may not be disclosed, except in the cases permitted in articles 16 and 17 of the regulations.";
4 ° to § 2, the former paragraph 2 becoming paragraph 3, the words "first paragraph" shall be replaced by the words "this paragraph".
S. 13. in the same Act, the chapter heading "chapter avoid. -Power of suspension of the Council of Ministers", inserted by the Act of 20 July 2005, is replaced by the following:"chapter avoid. -Advisory Board of the gas and electricity. "."
S. 14. article 29sexies of the same Act, repealed by the Act of January 8, 2012, is restored in the following wording: "Article 29sexies - § 1." There is created an Advisory Council with the commission and the Minister referred to as electricity and gas. Its seat is located in the arrondissement of Brussels-capital. The Advisory Board of the gas and electricity shall establish its rules

of internal order, which is subject to the approval of the King.
§ 2. The Advisory Council of gas and electricity is composed of representatives of the federal Government, to the representative organizations of workers, employers, the middle classes and environmental associations, and producers, Manager network, managers of distribution networks, intermediaries, service providers and consumers. The Governments of the region will be invited to send representatives.
By Decree deliberated in the Council of Ministers, the King determines the composition and functioning of the Advisory Council of gas and electricity.
§ 3. The Advisory Board of the gas and electricity has for missions: 1 ° initiative or at the request of the Minister, to make recommendations for the purposes of this Act and act of 12 April 1965 the transport of gas and other pipelines and their orders of execution;
2 ° initiative or at the request of the Minister, to conduct studies and submit opinions in matters within its competence, including the studies and opinion of the Committee;
3 ° to respond to any suggestion of the opinion submitted by the commission; the commission may request so motivated to the Advisory Council of gas and electricity to respond to this suggestion in a period of 40 days, following the receipt of the suggestion, for matters relating to requested notices under sections 19 and 32. to this end, special meetings of the Advisory Council of gas and electricity can be arranged;
4 ° to be a forum for discussion on the objectives and strategies of the policy energy, more particularly relating to gas and electricity.
The Advisory Board of the gas and electricity may suggest to the commission to carry out studies or to issue opinions.
The final versions of opinions and studies of the gas and electricity Advisory Council are public and are published on the website of the gas and electricity Advisory Council while preserving the confidentiality of commercially sensitive information and / or personal data.
§ 4. The Advisory Board of the gas and electricity provides for the exercise of its tasks of an adequate budget, covered by the commission. The terms of coverage and the nature of the expenses of the Advisory Council may be specified by an agreement between the commission and the Advisory Council.
§ 5. The Advisory Board of the gas and electricity gives no instruction to the commission; It is independent of the commission and vice versa. "."
S. 15. in section 29septies of the Act, as amended by the Act of January 8, 2012, the words "or the general Council" between the words "Steering Committee" and the words "of the Commission" are repealed.
S. 16A article 30bis, § 3, of the Act, as amended by the Act of January 8, 2012, the following changes are made: 1 ° to paragraph 2, the words "as well as in articles 3, 4 and 5 of the Regulation (EU) no 1227/2011," shall be inserted between the words "and article 26 § 1," and the words "in relation to";
2 ° to paragraph 2, the word "4 °", is inserted between the words "in respect to execution of the tasks of the commission referred to in article 23, § 2, 3 °, 3 ° bis", and the words "19 ° to 22 °, 25 ° and 29 ° in article 23bis, in article 23B and article 26, § 1bis.";
3 ° a paragraph, worded as follows, shall be inserted between paragraphs 2 and 3: "For the purpose of ensuring the application of articles 3, 4 and 5 of Regulation (EU) no 1227/2011, the commission may require that, in the context and the purpose of the survey, are given existing telephone records and the exchanged data.";
4 ° two paragraphs, written as follows, shall be inserted between the former paragraphs 3 and 4 become paragraphs 4 and 5: "when these acts have the character of a wiretap, they may be laid in accordance with articles 90b to 90decies of the Code of criminal procedure.
When a person completes a deposition or all written or oral evidence in accordance with paragraph 3, paragraph 2, 2 °, it is assisted by a Council. "."
S. 17 A section 31 of the Act, as amended by the Act of January 8, 2012, the following changes are made: 1 ° to the paragraph 1, the words "4 ° and ' shall be inserted between the words" enforcement under article 23, § 2, paragraph 2, "and the words"8 ° within the period that the commission determines.";
2 ° to the paragraph 1, the words "in the presence of counsel" shall be inserted between the words "the commission, the person heard or duly convened"and the words"may, impose an administrative penalty.";
3 ° to the paragraph 1, the sentence "the fine is recovered for the benefit of the Treasury by the Administration of the tax on added value, registration and domains." is repealed;
4 ° three paragraphs, written as follows, shall be inserted between paragraphs 1 and 2: "in addition, if the person remains in default, upon expiry of the time limit that the commission determines, to comply with all the provisions which the commission monitors the application under article 23, § 2, paragraph 2, 4 °, the commission may, the person duly heard and convened in the presence of counsel" impose a penalty. The penalty cannot be per day schedule, less than 250 euros or more EUR 50,000 or, in total, exceed EUR 2,500,000.
In the event of recurrence of a person remaining in default to comply with all the provisions which the commission monitors the application under article 23, § 2, paragraph 2, 4 °, the commission may maximize the fine or periodic penalty payment to double their amount maximum referred to in paragraphs 1 and 2.
The fine and penalty payments are recovered for the benefit of the Treasury by the authority of the non-tax collections in the SPF of finance. ";
5 ° to the former paragraph 2 becomes paragraph 5, the words "and penalties" shall be inserted between the words "Administrative fines" and the words "imposed by the commission to the Manager of the network are not included in its costs";
6 ° in the former paragraph 3 becomes paragraph 6, the words "and periodic penalty payments' shall be inserted between the words"Administrative fines"and the words 'imposed by the commission';
7 ° in the former paragraph 4 became paragraph 7, the words "and periodic penalty payments' shall be inserted between the words"the amount of administrative fines"and the words" of the commission. ".
S. 18. in the same Act, as last amended by the Act of 26 December 2013, articles 31/1, 31/2 and 31/3 are inserted between articles 31 and 32: "art.
31/1. § 1. For the purpose of ensuring the application of articles 3 to 5 of the Regulation (EU) no 1227/2011 and subject to the prior consent of an investigating judge, the persons referred to article 30bis, § 3, paragraph 1, may, by reasoned decision, order, except in a private dwelling, the seizure of assets which are the property of the person the subject of an investigation by the commission and which , are the object of the offence under review either were intended or used to commit the offence in question, constitute a patrimonial benefit directly from the offence or are equivalent.
The persons referred to in article 30bis, § 3, paragraph 1, the circumstances indicate in their decision of fact justifying the action and they account for their decision, principles of proportionality and subsidiarity.
In order to carry out this order, persons referred to in article 30bis, § 3, paragraph 1, may, if necessary, seek the assistance of the public authorities.
The execution of the seizure is a record to which is attached an inventory of all assets seized.
These assets are, to the extent possible, individualized.
§ 2. The reasons of seizure referred to in paragraph 1, 1st paragraph, taken by the persons referred to in article 30bis, § 3, paragraph 1, goes out of full right, or at the date of expiry of the time limit for appeal against the decision of the commission to impose a fine or a periodic penalty payment in accordance with article 31, the day after the day on which the judgment of the Court of appeal of Brussels against the decision taken on the basis of article 31 was pronounced , in application of article 29 bis.
By way of derogation from paragraph 1, the seizure, with respect to assets considered in the decision of the commission or, where appropriate, the Court of appeal of Brussels as a heritage benefit derived directly from the offence or, as the equivalent of such a benefit, does turn off that at the point where the fine and penalty payments imposed pursuant to article 31, have been paid in full.
S. 31/2. For the purpose of ensuring the application of articles 3 to 5 of the Regulation (EU) no 1227/2011 and subject to prior authorization from an investigating judge, the persons referred to in article 30bis, § 3, paragraph 1, may, by reasoned decision, impose on a natural or legal person in the head of which there are indices manifests an offence within the meaning of articles 3 to 5 of the Regulation (EU) no 1227/2011 the temporary ban on exercising professional activities which involve a risk of new offence to any of these provisions and which are specified in the decision.
The ban may relate to physical and legal persons referred to in the decision of a person referred to in article 30bis, § 3, paragraph 1, as well as on the professional activities described therein accurately.
The persons referred to in article 30bis, § 3, paragraph 1, the circumstances indicate in their decision

of fact justifying the action and they account for their decision, principles of proportionality and subsidiarity.
The ban is valid for a period of three months, renewable once with the same procedure.
The prohibition shall commence unless the decision has been notified to the person concerned by a person referred to in article 30bis, § 3, paragraph 1.
S. 31/3. The penalties provided for in article 31 cannot more be imposed within a time greater than 5 years from the commission of the offence or the violation of provisions of this Act, its enforcement orders, subsequent legislation relating to rates or in relation to the assessment referred to in article 21a, or any other provisions which it monitors the application under article 23 § 2, paragraph 2, 4 ° and 8 °.
Continuous or continuing provisions violation offences determined by this Act, of its orders of execution, subsequent laws relating to rates or relative to the assessment referred to in article 21a, or any other provisions which it monitors the application under article 23, § 2, paragraph 2, 4 ° and 8 °, the first day of this period is the day where the infringement ceased.
This time limit is interrupted whenever an act of instruction or administrative repression is exercised against the person concerned. "."
CHAPTER III. — Amendment Act of 12 April 1965 the transport of gaseous and other products by pipelines art. 19A article 1 of Act of 12 April 1965 on the transport of gaseous and other products by pipelines, as last amended by the Act of January 8, 2012, the following changes are made: 1 ° 24 °, repealed by Act of June 1, 2005, is restored 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 on the integrity and the" market transparency of wholesale energy, as well as delegated acts and enforcement established by the European Commission on the basis of this regulation; ';
2 ° 29 °, repealed by Act of March 20, 2003, was re-established in the following wording: ""FSMA": services and financial markets authority established by the law of 2 August 2002 on the supervision of the financial sector and financial services;";
3 ° between 29 ° and 30 ° a 29 ° bis, worded as follows, shall be inserted: "29 bis ° 'The quality Administration and security': the branch of the quality and security of Service Public Federal - economy, SMEs, Middle Classes and energy;";
4 ° between 30 ° and 31 ° a 30 ° bis, worded as follows, shall be inserted: "30 ° bis 'Technical Codes of transport facilities': the codes referred to in article 17, § 2 of this Act;";
5 ° 46 °, repealed by the Act of January 8, 2012, is restored in the following wording: "46 °"Compensation fund": compensation of subsidiary intervention fund under article 13 1 of this Act;";
6 ° 47 °, repealed by Act of March 20, 2003, was re-established in the following wording: "47 °"cost of measures for the maintenance of the transportation facility": the cost of the installation of transport-related measures which are necessary to ensure the maintenance or protection, without modification of its implementation or its path;";
7 ° 48 °, repealed by Act of March 20, 2003, was re-established in the following wording: "48 °"cost of the modification of implantation or the trace of the transportation facility": preparatory costs, the cost of materials for the installation of transport and delivery costs;";
8 ° 49 °, repealed by the Act of January 8, 2012, is restored in the following wording: "49 °"preparatory costs": costs before implementing a change in the establishment or the trace of a transportation facility, in particular costs of study and design of a new settlement or a new path and a new infrastructure, costs related to the procedure for amendment of the transport authorization" as well as the any costs of acquisition of rights on the lands affected by the new settlement or realignment; ";
9 ° between 49 ° and 50 ° are inserted the 49 ° bis and 49 ter worded as follows: "49 ° bis"cost of materials for the installation of transport": the cost of the line and direct transport accessories (including pumps and valves), which must be replaced or added during the modification of implantation or the trace of a transportation facility put out of service as well as reactivation of the transportation facility" , decommissioning costs and the cost of testing the installation and monitoring of the plant;
49 ° ter "running costs": the cost of implementation of the modification work of implantation or the trace of a transportation facility, the cost of the accessories (including temporary measures related to the deviation of the installation), the cost of materials other than those of the transport facility, the costs of decommissioning as well as reactivation of the transportation facility the decommissioning costs and the cost of testing the installation and monitoring of the plant; ";
10 ° to 63 °, the '. 'is replaced by a'; ';
11 ° article 1 is supplemented by the 64 °-69 °, worded as follows: "64 °"inside information": any information within the meaning of article 2 (1) of Regulation (EU) no 1227/2011;"
65 ° "market manipulation": all market manipulation within the meaning of article 2, (2) of Regulation (EU) no 1227/2011;
66 ° "market manipulation attempt": any attempt of market manipulation within the meaning of article 2 (3) of Regulation (EU) no 1227/2011;
67 ° 'wholesale energy products': any product energy wholesale within the meaning of article 2, (4) of Regulation (EU) no 1227/2011;
68 ° 'consumption capability': the ability of consumption within the meaning of article 2 (5) of Regulation (EU) no 1227/2011;
69 ° "wholesale energy market": the market of wholesale energy within the meaning of article 2 (6), of Regulation (EU) no 1227/2011; "."
12 ° article 1 is supplemented by 70 °, 72 °, 71 °, 73 ° written as follows: "70 °"built ground": the land on which is located a building whose main or sole function involves shelter in a sustainable manner of people;"
71 ° "land not built": all-terrain other than those referred to in the 70 °;
"72 °"impenetrable wall": the wall designed to prevent access to private;" 73 ° "impassable fence": the equivalent to a wall fence designed to prevent access to private land. Meadows, fields, or wooden fences, regardless of the material used, are not considered as unscalable fences. "."
S. 20 article 4, paragraph 1 of the Act, as last amended by the Act of January 8, 2012, is complemented by a 5 ° as follows: "5 ° the acts and works of minimal importance which are exempted from an authorization to transport or subject to a reporting requirement.".
S. 21. the heading of Section 1 of chapter IV is replaced by the following: "Section 1 – rights and Obligations arising from the transport authorization, declaration of public utility and realignment".
S.
22. in chapter IV, Section 1 of the Act, it is inserted an article 8/7 as follows: "article 8 / ' 7. without prejudice to article 4 transport facilities, regardless of the recipient, and all work for the installation and operation of these purposes are deemed irrevocably, public utility.
The King sets the terms of paragraph 1 of this article. "."
S. 23. in section 9 of the Act, as last amended by the Act of 29 April 1999, paragraphs 2 and 3 are replaced by the following: "where a public domain manager finds a problem of compatibility between a transportation facility located on the public domain and a public utility project, it sends a notification describing reasons the compatibility issue to the holder of an authorization to transport from the pre-study , with a copy to the Directorate General of energy.
Within 15 days of receipt of this notification, a dialogue opens between public domain manager, the holder of an authorization to transport and, where appropriate, the energy Administration.
This consultation is a minimum of 60 days and maximum of 120 days.
The dialogue is at least on the principle, terms and timing of implementation of the measures necessary to ensure such compatibility, taking account of the interests of the parties concerned.
Where consultation leads to agreement, measures that are planned are executed and unless otherwise agreed, the cost of changing the route is arrested pursuant to paragraphs 8 to 12 if measures are imposed.
Failing agreement through consultation, and without prejudice to the jurisdiction of the Minister to change the authorization to transport, the Manager of the public domain in question can impose measures consisting of either the implementation work for the maintenance of the installation (including its protection), is in the modification of implantation or the layout of the installation.
Detailed rules for the implementation of the abovementioned measures must be laid down by mutual agreement with the holder of the authorization of transport concerned.
When the notification referred to in paragraph 2 is received

by the holder of an authorization to transport less than ten years after the commissioning of the installation, the cost of measures for the maintenance of the transportation facility or the cost of the modification of implantation or the layout of the installation of transport is supported by the Manager of the public domain and the holder of an authorization to transport According to a distribution defined in percentage, taking into account the seniority of the installation, and without the part of the Manager of the public domain over the part of the holder of an authorization to transport may be less than the distribution defined in the following paragraph.
In other cases, these costs are shared in a proportionate and reasonable manner between the Manager of the public domain and the holder of an authorization to transport.
Which do not concern the costs of the measures for the maintenance of the transportation facility and the modification of implantation or the layout of the installation costs and costs which are borne by the holder of an authorization to transport or by the Manager in the public domain remain dependent on them, without prejudice to the possibility to recover on basis of the common law.
The Manager of the public domain which imposes measures may require a prior quotation of costs charged.
King lays down the procedures for the implementation of this article, especially as regards the consultation referred to in paragraphs 3 to 7 and the allocation of the costs referred to in paragraphs 8 to 11 "."
S. 24. in article 10 of the same Act, as last amended by the Act of 29 April 1999, the following changes are made: 1 ° to the paragraph 1, the words "of undeveloped private land that are not enclosed walls and fence building and planning regulations" are replaced by the words "all or part of undeveloped private land that is not fully enclosed walls or impassable fences";
2 ° to paragraph 3, the words "the work cannot be started" are replaced by the words "the work of laying of transmission facilities may be initiated".
S.
25 A section 11 of the Act, as amended by the Act of 29 April 1999, the following changes are made: 1 ° in paragraph 1, the first sentence starting with the words "Partial occupation" and ending with the words "served" is replaced by the following sentence: "the partial occupation of the public domain or private land shall respect the use to which they are assigned.";
2 ° paragraphs 2 and 3 are repealed.
S. 26. article 12 of the Act is replaced by the following: "the owner of the private fund subject to the easement referred to in article 11 may, within the time limit set by the King, notify the Minister that it asks the recipient to this servitude to buy occupied land.
If no private sale agreement is reached between the owner of the encumbered funds and the holder of an authorization to transport, the provisions of article 14 below apply.
Gas transmission facilities should be moved, and if applicable, removed at the request of the owner of the Fund collateral or who is entitled to erect constructions or enclose it an impenetrable wall or fence.
If stakeholders referred to in article 3 which make use of this right without requiring the displacement or removal of gas transmission facilities, the beneficiary of the easement preserves the right for supervision of these facilities and to perform the necessary operation, maintenance and repair work.
Costs of removal or removal of transport facilities are borne by the beneficiary of the easement. People however mentioned in paragraph 3 are required to prevent the recipient of the easement in writing at least six months before the projected work. "."
S. 27. article 13, paragraph 3, of the Act, as amended by the law of 29 April 1999, is repealed.
S. 28. in article 15 1 of the Act, as amended as last amended by the Act of 26 December 2013, subsections 3 and 1 to 3/3, worded as follows shall be inserted: "§ 3 and 1." The natural gas transmission network manager establishes a Fund for compensation of intervention subsidiary, hereinafter referred to as "compensation fund". The compensation fund compensated, regardless of the allocation of responsibilities for "account that it will be" the victim of an injury from an accident that occurred on the network of the transport manager of natural gas that cannot obtain compensation if damage is exclusively linked to a third party, an activity because the victim, unforeseeable circumstances or force majeure. The compensation fund is also involved in cases of proven misconduct of the system of transport in accordance with articles 1382 and 1383 of the civil Code.
Compensation Fund shall also indemnify the economic and moral consequences of bodily injury and death. Legally subrogated organizations have no right of recourse against the Fund.
The compensation fund is represented by the Manager of the transport network of natural gas for all administrative and legal acts. It 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 an authorization to transport. "."
§ 3/2. The total amount of compensation by the compensation fund may pay under § 3 / 1 for repair of the injury does not exceed EUR 30 million per calendar year. The compensation fund comes to the conditions laid down by the King for the victims or dependants of victims of an accident in Belgium in the case referred to in § 3 / 1 of the present article of this Act. The guiding principle of the transaction was also arrested by the King.
Without prejudice to article 4 of the preliminary title of the Code of criminal procedure, the compensation fund is liable to compensate any person who suffered injury in the cases referred to in § 3 / 1 and this, regardless of the allocation of responsibilities. It also compensates the economic and moral consequences of bodily injury and death. Legally subrogated organizations have no right of recourse against the Fund.
The compensation fund is also liable to indemnify any person who has suffered a personal injury in cases referred to in § 3 / 1.
When the compensation fund intervenes, allowances must be the result of an amicable compensation procedure, set transaction or a court decision.
The compensation fund is subrogated to the rights of the victim against any person for which the victim may assert a right to compensation without prejudice to article 1252 of the civil Code. The Fund is entitled in addition to the guideline in civil matters and interests to a collection fee.
When the compensation fund deals with the victim, the acceptance of the offer of compensation by the said victim or, in the event of death, his successors is transaction within the meaning of article 2044 of the civil Code.
Rights to compensation under this section will turn off in the absence of a request for transaction or failing action pursuant to the provisions of paragraphs 3 and 1 and 3/2, within 3 years following the date on which the damage occurred.
The Fund is exempt from liability if he proves that the damage resulted from an act of war or terrorism.

§ 3/3. Contributions to the compensation fund are paid by the Manager of transportation of natural gas in the conditions laid down by the King. These contributions constitute a public service obligation, which is not supported in the mechanism of the Fund provided for in article 15/11. Contributions are a cost within the meaning of article 15/5 bis, § 5, 2 °, and this cost by itself cannot contribute to a rate increase. "."
S. 29. at article 15/12, § 2, of the Act, as last amended by the Act of June 1, 2005, the following changes are made: 1 ° in the 1st paragraph the words "and activities LNG" shall be inserted between the words "accounts separated for their transportation, distribution and storage of natural gas activities" and the words "and as applicable, for all their activities".;
2 ° a paragraph as follows is inserted between paragraph 1 and paragraph 2 becoming paragraph 3: "revenues from ownership of the transmission or distribution system are mentioned in the accounts.".
S. 30A article 15/14, of the Act, as amended by the law of 26 December 2013, the following changes are made: 1 ° in the § 1, paragraph 2, 7 °, inserted by the Act of January 8, 2012, the words "final customers" between the words "ensure that the" and "benefit from the effective functioning" shall be replaced by the word "customers";
2 ° in § 2, paragraph 2, there shall be inserted a 5 ° bis worded as follows: "5 ° bis monitors and controls the trade in energy products wholesale in accordance with the Regulation (EU) no 1227/2011, in compliance with the respective competences of the Belgian authority of competition and of the FSMA.";
3 ° § 2 is supplemented by the following new paragraph: "in the exercise of its tasks of monitoring and control referred to in paragraph 2, 5 ° bis, the commission cooperates with the Belgian competition authority and the FSMA and Exchange and communicate, where appropriate, the information necessary and relevant to the implementation of the Regulation (EU) no 1227/2011 or in the"

cases provided for or permitted by this regulation. When the commission receives information from other authorities in the exercise of its tasks of monitoring and control, it provides the same level of confidentiality as that required of the originating authority without prejudice to article 26, § 2, paragraph 1. "."
S. 31. at article 15/16 of the Act, as last amended by the Act of January 8, 2012, there shall be inserted a new paragraph 1B., to read as follows: "§ 1B." Under sections 3, 4 and 5 of Regulation (EU) no 1227/2011, the commission has the power to request information from all persons or legal entities concerned within a reasonable time, as well as the power to summon them and hear them, for as much as it motivates his application and that it fits in the frame and the purpose of its investigation.
Physical or legal persons convened and heard in accordance with the first subparagraph are assisted by a Council at their request. "."
S. 32. in article 15/24 of the Act, as amended by the Act of January 8, 2012, the words "or the general Council" between the words "Steering Committee" and the words "of the Commission" are repealed.
S. 33. the title of chapter V of the Act is replaced by the following: "Chapter V - law enforcement, safety rules and technical Codes of transport facilities".
S. 34. in article 16, paragraph 1, of the Act, as amended, as last amended by the Act of 29 April 1999, the following changes are made: 1 ° 1 is repealed;
2 8 ° ° is supplemented by the following sentence: "these requirements may provide bonds of security in charge of legal and natural persons who perform work near the pipes, without prejudice to the provisions of chapter V of the law of 4 August 1996 concerning the welfare of workers during the execution of their work and its execution decrees.".
S. 35. article 17 of the same Act, repealed by the law of 29 April 1999, is restored in the following wording: "art. 17 § 1. After notice of the General Direction of the energy of SPF - economy and opinion of the Administration of the quality and safety of SPF - economy, the King determines General requirements relating to safety in the design, construction, operation and decommissioning transport facilities.
These general requirements define including: 1 ° the obligations of the holder of an authorization to transport in the prevention and treatment of accidents by the introduction of a system of security and a plan of emergency management;
2 ° area and bans construction, occupancy, works or plantations y;
3 ° the pipeline burial depths and conditions to which an aerial installation can be used.
4 ° the protection of the route;
5 ° the protection against corrosion;
6 ° the materials used and the specification for the supply of materials as well as tests and control of materials;
7 ° the specifications for the calculation of the pipeline;
8 ° the specifications for the performance of the work on the construction site at the laying of the pipes;
9 ° control assemblies;
10 ° the control of work after the installation and testing of reception at the level of the sealing;
11 ° operating conditions; including the supervision of transport facilities, as well as pressure, temperature and the wall thickness of the transport facilities;
12 ° the obligations of agencies for the control of transportation facilities; and 13 ° risk analysis requirements.
§ 2. On the proposal of one or more holders of an authorisation of transport and following consultation with the Administration, the quality and safety of SPF - economy, or on a proposal from the Administration of the quality and safety of SPF - economy and after consultation with one or more holders of an authorization to transport the Minister approves the technical Codes.
The respective technical Codes determine the technical measures necessary for the implementation of the General security requirements in the § 1. This article detailing the requirements on security within the framework of the design, construction, commissioning of operating, monitoring, maintenance, and decommissioning of facilities of transportation, security and contingency management system.
§ 3. The Minister may delegate to officials of the SPF - economy designated for specific functions provided by him: 1 ° the power to secure within the limits set by the King of the General technical measures;
2 ° the power to set within the limits set by the King of the individual technical measures;
S. 36. in the same Act, in the same chapter V, it is inserted an article 17/1 as follows: "17/1. § 1. Transport facilities must be designed, constructed, operated and decommissioned in accordance with the rules laid down in articles 16 and 17.
The holder of an authorization to transport establishes, operates, maintains, develops and switches off a safe and economic way transportation facility and shall implement reasonable means to ensure the security of goods and persons, in the respect of the environment.

§ 2. The obligations laid down in the § 1 of this section are considered, in the head of the holder of an authorization to transport as fulfilled, when the latter comply with this Act and the orders of execution provided for in articles 16 and 17 of the act as well as authorizations to transport or.
Without prejudice to the obligations to load of the speakers during execution of work near transport facilities covered by the royal decree of 21 September 1988, transport facilities must support internal and external stresses to which they may be subjected in such normal operating conditions described in the technical Codes. This obligation of the holder of an authorization to transport is an obligation of means. "."
S. 37. in the same Act, in chapter VI, it is inserted a new article 17/2 as follows: "article 17/2. § 1. Shall be punishable by a fine amounting to 50 to 20,000 euros: 1 ° those who impede inspections and investigations under this Act refuse to give information that they are required to provide under this Act or knowingly give them information inaccurate or incomplete;
2 ° those who contravene the provisions of this Act or one of its orders of execution taken on basis of articles 16 and 17.
In case of contest of offence, the amounts of administrative fines are cumulative, without that the total does not exceed four times the maximum referred to in paragraph 1.
Corporations are civilly responsible for the fines to which their directors, managers or agents are convicted of such offences.
§
2. Without prejudice to the powers of the judicial police officers, the King shall designate the officials of the federal public Service economy, SMEs, Middle Classes and energy which are responsible for search and found the offences under this Act and the orders made pursuant to it. Their records are prima facie evidence to the contrary.
§ 3. Officers commissioned to this end may, in the light of the minutes finding an infringement to the provisions of this Act and prepared by officers referred to in § 2, offer offenders the payment of a specified amount under the § 1, which turns off the public action. The terms of payment and collection are set by the King.
§ 4. The physical or legal person to which an administrative fine is imposed may, within the time limit fixed by the King for the payment of the fine, appeal against the decision to impose a fine, the Court of first instance of Brussels.
The action is brought by query contradictory on the basis of articles 1034bis and following of the Judicial Code.
This appeal suspends the execution of the decision.
The provisions of book 1 of the penal Code are applicable, including Chapter VII and article 85.
S.
38A article 18, paragraph 3, of the Act, as amended by the Act of January 8, 2012, the following changes are made: 1 ° to paragraph 2, the words "as well as in articles 3, 4 and 5 of the Regulation (EU) no 1227/2011," shall be inserted between the words "and article 15/16, § 1," and the words "in relation to";
2 ° to paragraph 2, between the words "offences in 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 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, paragraph 2, 5 ° bis";
4 ° a paragraph, worded as follows, shall be inserted between paragraphs 2 and 3: "For the purpose of ensuring the application of articles 3, 4 and 5 of Regulation (EU) no 1227/2011, the commission may require that, in the context and the purpose of the survey, are given existing telephone records and the exchanged data.";
5 ° between the former paragraphs 3 and 4 become paragraphs 4 and 7, are inserted two paragraphs, written as follows: "when these acts have the character of a wiretap, they cannot be installed in application of articles 90b to 90decies

of the Code of criminal procedure.
When a person completes a deposition or all written or oral evidence in accordance with § 3, paragraph 2, 2 °, it is assisted by a Council. "."
S.
"39A article 20/2 of the Act, as amended by the Act of January 8, 2012, the following changes are made: 1 ° to the paragraph 1, the words"and 5 ° bis' shall be inserted between the words "or any other provisions which it monitors the application under article 15/14, § 2, paragraph 2, 5 ° 'and the words' ", in the period that the commission determines";
2 ° to the paragraph 1, the words "in the presence of counsel"shall be inserted between the words "If that person remains in default upon the expiry of the time limit, the commission may, the heard person or duly called" and the words", impose an administrative fine.";
3 ° to the paragraph 1, the sentence "the fine is recovered for the benefit of the Treasury by the Administration of the tax on added value, registration and domains." is repealed;
4 ° three paragraphs, worded as follows, shall be inserted between paragraphs 1 and 2: "in addition, if the person is in default, the expiry of the period that the commission determines, to comply with all the provisions which the commission monitors the application under article 15/14, § 2, paragraph 2, 5 ° bis, the commission can, the person duly heard and convened in the presence of his Council, impose a penalty.
The penalty cannot be per day schedule, less than 250 euros or more EUR 50,000 or, in total, exceed EUR 2,500,000.
In the event of recurrence of a person remaining in default to comply with all the provisions which the commission monitors the application under section 15/14, § 2, paragraph 2, 5 ° bis, the commission can maximize the fine or periodic penalty payment to double their amount maximum referred to in paragraphs 1 and 2.
The fine and penalty payments are recovered for the benefit of the Treasury by the authority of the non-tax collections within the FPS finance. ";
5 ° to the former paragraph 2 becomes paragraph 5, the words "and penalties" shall be inserted between the words "Administrative fines" and the words "imposed by the commission to the Network Manager are not included in its cost" and the words "the amount of administrative fines" and the words "of the commission".
S. 40. in the same Act between articles 20/2 and 21, 20/3, 20/4 and 20/5 articles are inserted, worded as follows: "article 20/3. § 1. For the purpose of ensuring the application of articles 3 to 5 of the Regulation (EU) no 1227/2011 and subject to the prior consent of an investigating judge, persons referred to in article 18 § 3, paragraph 1, may, by reasoned decision, order, except in a private dwelling, the seizure of assets which are the property of the person the subject of an investigation by the commission and which , are the object of the offence under review either were intended or used to commit the offence in question, constitute a patrimonial benefit directly from the offence or are equivalent.
The persons referred to in article 18 § 3, paragraph 1, indicate in the decision referred to in paragraph 1, the factual circumstances which justify the measure, and they account for their decision, principles of proportionality and subsidiarity.
In order to carry out this order, the persons referred to in article 18 § 3, paragraph 1, may, if necessary, seek the assistance of the public authorities.
The execution of the seizure is a record to which is attached an inventory of all assets seized.
These assets are, to the extent possible, individualized.
§ 2. The reasons of seizure referred to in paragraph 1, paragraph 1, taken by the persons referred to in article 18, § 3, paragraph 1, off of right or at the date of expiry of the time limit for appeal against the decision of the commission to impose a fine and/or a fine in accordance with article 20/2, or the day following the day to which has been pronounced the judgment of the Court of appeal of Brussels against the same decision taken on the basis of article 20/2, in application of article 15/20.
By way of derogation from paragraph 1, the seizure, with respect to assets considered in the decision of the commission or, where appropriate, the Court of appeal of Brussels as a heritage benefit derived directly from the offence or, as the equivalent of such a benefit, does turn off that at the point where the fine and penalty payments imposed pursuant to article 20/2, have been paid in full.
S. 20/4. For the purpose of ensuring the application of articles 3 to 5 of the Regulation (EU) no 1227/2011 and subject to prior authorization from an investigating judge, the persons referred to in article 18 § 3, paragraph 1, may, by reasoned decision, impose on a natural or legal person in the head of which there are indices manifests an offence within the meaning of articles 3 to 5 of the Regulation (EU) no 1227/2011 the temporary ban on exercising professional activities which involve a risk of new offence to any of these provisions and which are specified in the decision.
The ban may relate to physical and legal persons mentioned in the decision of a person referred to in article 18 § 3, paragraph 1, as well as on the professional activities described therein accurately.
The persons referred to in article 18 § 3, paragraph 1, indicate in the decision the circumstances of fact justifying the action and they account for their decision, principles of proportionality and subsidiarity.
The ban is valid for a period of three months, renewable once with the same procedure.
The prohibition shall commence unless the decision has been notified to the person concerned by a person referred to in article 18 § 3, paragraph 1.
S. 20/5. The sanctions provided for in article 20/2 cannot more be imposed within a time greater than 5 years from the commission of the offence or the violation of provisions of this Act, its enforcement orders, subsequent legislation relating to rates or in relation to the assessment referred to in article 15/11, or any other provisions which it monitors the application under article 15/14 § 2, paragraph 2, 3 ° and 5 °.
If continuing offence or violation continues to specific provisions of this Act, its implementing decrees, laws subsequent relating to rates or relative to the assessment referred to in article 15/11, or any other provisions which it monitors enforcement under article 15/14, § 2, paragraph 2, 3 ° and 5 °, the first day of this period is the day where the offence ceased.
This time limit is interrupted whenever an act of instruction or administrative repression is exercised against the person concerned. "."
CHAPTER IV. -Amendment of the law of 10 March 1925 on distributions power - Declaration of public utility art. 41 section 9 of the Act, du 10 mars 1925 sur les distributions d power the words "and all necessary facilities for the transmission of electricity", is inserted between the words "electrical conductors" and the words "on or under public roads".
S. 42 A section 11 of the Act, the following amendments are made: 1 ° to the paragraph 1, the words "the King" are replaced by the words "as set forth by the King".
2 ° to paragraph 2, the words "by the King" are replaced by the words "as set forth by the King".
S. 43 article 13 of the Act, the words "and the placement of all facilities necessary for the transmission of electricity", is inserted between the words "to the aerial or underground lines" and the words ", in condition".
S.
44 A section 14 of the Act, the following amendments are made: 1 paragraph 1 °, 3 °, the words "and trees so that remove the roots" shall be inserted between the words "branches of trees" and the words "which are" and the words "or underground" shall be inserted between the words "overhead conductors" and the words "of electrical energy";
2 ° to paragraph 2, the words "or to remove as provided in 3 °" are inserted after the words "cut";
3 ° to paragraph 2, the words "the branches of trees" are repealed;
4 ° to paragraph 2, the words "limbing" are replaced by the words "the work".
S. 45 A section 15 of the Act, the following amendments are made: 1 ° 1st paragraph is replaced by the following: "The King fixed the terms under which, it can be said that there are utilities to establish power network Electric transportation and all lines connections on or under undeveloped private land that are not closed walls or other equivalent fences.";
2 ° in paragraph 3 the word "Government" is replaced by the word 'King'.
S. 46A article 16, paragraph 2, of the Act the words "Government" shall be replaced by the words "the authority designated by the King".
S. 47 in section 22 of the Act the following changes are made: 1 ° 1st paragraph the words "the Minister of industry and labour" are replaced by the words "Directorate General for Energie of the federal public Service economy, SMEs, Middle Classes and energy";
2 ° in paragraph 3 the words "Minister of industry and labour" are replaced by the words "Minister who in charge of the energy";
3 ° in paragraph 5, "opinion of the Committee or the competent section" shall be replaced by the words "consultation by written procedure to the Committee or the competent section within sixty days of the end of"

the statement. The members of the Committee thus viewed are supposed to mark their unconditional agreement if, within a period of eight days, they did not achieve the energy administration a duly reasoned contrary opinion writing."
Chapter V. - Confirmation of the Royal orders made under the Act of 29 April 1999 on the organisation of the market of electricity and act of 12 April 1965 the transport of gaseous and other products by pipelines art. 48. the royal decree of December 18, 2013, amending the royal decree of 24 March 2003 laying down the terms of the federal contribution to the financing of certain public service obligations and costs related to the regulation and control of the electricity market, is confirmed with effect from 1 January 2014.
S. 49. the royal decree of 26 January 2014 laying down the amounts provided for the funding of nuclear liabilities BP1 and BP2 for the period 2014-2018, in implementing article 3, § 2, of the royal decree of 24 March 2003 laying down the terms of the federal contribution to the financing of certain public service obligations and costs related to the regulation and control of the electricity market is confirmed with effect from 1 January 2014.
CHAPTER VI. -Final provisions and transitional art. 50. until the entry into force of the approval by the King of the rules of procedure referred to in article 29sexies of the law of 29 April 1999 on the organisation 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 the functioning of the general Council of the regulatory Commission for electricity and gas as last amended by the royal decree of May 15, 2008, shall apply to the Advisory Board of the gas and electricity, with the exception of article 2, § 2.
S. 51. the King determines the entry into force of articles 20 to 28 inclusive and sections 33 to 36 included.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels on May 8, 2014.
PHILIPPE by the King: Deputy Prime Minister and Minister of the Interior and of equality of opportunity, Ms. J. MILQUET the Secretary of State for energy, M.
WATHELET sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) House of representatives: (www.lachambre.be): Documents: 53-3511-2013/2014 full record: 22 April 2014 Senate (www.senate.be): Documents: 5-2869-2013/2014.