Act Amending The Act Of 12 April 1965 On The Transport Of Gaseous And Other Products By Pipelines (1)

Original Language Title: Loi modifiant la loi du 12 avril 1965 relative au transport de produits gazeux et autres par canalisations (1)

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014011175&caller=list&article_lang=F&row_id=800&numero=850&pub_date=2014-04-01&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-04-01 Numac: 2014011175 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES average and energy March 26, 2014. -Act to amend the Act of 12 April 1965 on the transport of gaseous and other products by pipelines (1) PHILIPPE, King of the Belgians, all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Provisions General Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
S. 2A article 1 of Act of 12 April 1965 on the transport of gaseous and other products by pipelines, the 20 °, repealed by Act of June 1, 2005, is restored in the following wording: "20 °"site of consumption": consumption facilities located in a geographically identified place whose natural gas used in their power is taken of a natural gas transmission network" , or a network of distribution and/or a direct line by a user of network; "."
S. 3 A article 15/10, § 2, of the Act, as last amended by the Act of January 8, 2012, paragraphs 3, 4, 5 and 6 are repealed.
S. (4 A article 15/11, § 1, of the Act, partially annulled by the judgment of the Court constitutional No. 98/2013 and as last amended by the Act of 26 December 2013, the following changes are made: 1 ° 1st paragraph, 3 °, b), the words "by the owners of an authorization for the provision, referred to in article 15/3" between the words "is funded" and the words "by means of levies" and the words "carried out under the authority of" provision above,"between the words"by means of levies"and the words"on the quantities delivered", are hereby repealed.
2 ° paragraph 3 is replaced by the following: "in the context of which is determined under paragraph 1, the King takes into account the investment programme contained in the indicative plan referred to in article 15/13, § 2, 3 °.";
3 ° paragraphs 4, 5, 7, 8 and 9 are repealed.
4 ° paragraph 6 is replaced by the following: "each quarter the commission shall send an overview to the Ministers with energy, Budget and finance within their remit, on the height and the evolution of the funds referred to in paragraph 1B, with the exception of the Fund referred to in paragraph 1B, 1 °."
5 ° are inserted §§ 1bis, 1B, 1erquater, § 1erquinquies, worded as follows: "§ 1bis." A "federal contribution" is levied for the funding of certain public service obligations and costs related to the regulation and control of the gas market.
The federal contribution is due by any end customer based on Belgian territory, on the amounts of natural gas that it collects for its own use, channelled through a network of natural gas transmission, distribution network or by a direct line.
The natural gas transmission network manager is responsible for the perception of the federal contribution.
Therefor, it charges the federal contribution to holders of a contract of carriage for access to its network.
In the event that holders of a contract of carriage do not themselves consume quantities of collected gas of the system, they charge the federal contribution to their own customers, until where the overload is eventually charged to the person who has consumed natural gas for his own use.
By way of derogation from the preceding subparagraph, the operator of a direct line is responsible for the perception of the federal contribution due by the final customers supplied by this direct line.
The product of the federal contribution is affected: 1 ° to the partial financing of the operating costs of the commission referred to in article 15/15, § 4, and without prejudice to the other provisions of article 15/15, § 4;
2 ° to the partial financing of the implementation of guidance and welfare energy measures in the Act of September 4, 2002, to entrust to the public social assistance centres the mission of guidance and financial social assistance in the context of the supply of energy to the needy;
3 ° to the financing of the net cost resulting from the application of the maximum price for the supply of natural gas for protected residential customers, as determined in article 15/10, § 2.
§ 1B. Manager of the natural gas transmission network and a direct line operators pay to the commission the Federal fee charged, following the distribution set and published by the commission, respectively: 1 ° in a Fund, managed by the commission, for the financing of its operating costs, in accordance with article 15/15, § 4;
2 ° in the Fund, managed by the commission, referred to the § 1, paragraph 1, 3 °, to the partial funding from the measures referred to the § 1bis, paragraph 7, 2 °, which means are, to this end, placed at the disposal of the public centres for social assistance, in accordance with the provisions of the Act of September 4, 2002, to entrust the public social assistance centres mission guidance and social financial assistance in the context of the supply of energy to the people the most poor;
3 ° in a fund managed by the commission for the benefit of the protected residential customers as referred to the § 1bis, paragraph 7, 3 °.
§ 1erquater. After the commission's opinion, the le Roi King fixed by Decree deliberated in the Council of Ministers: 1 ° the amount, calculation and other details of the federal contribution referred to the § 1bis;
2 ° the terms of management of these funds by the commission;
3 ° modalities of perception of the Federal assessment;
4 ° implementing the degressivity and the exemption referred to in articles 11bis/15 and 15/11b, in particular the way in which natural gas companies that charge the federal contribution to final customers will be able to recover from the commission the amounts advanced and the evidence needed to obtain this reimbursement;
5 ° the package that can be taken into account as well as the possible ceiling limiting this package to cover the incremental administrative costs related to the perception of the federal contribution, financial costs and risks;
6 ° the terms of payment of the federal contribution for final customers who are supplied by more than one supplier or who resell their natural gas.
Any order fixing the amount, modalities of perception and application of degressivity and exemption, and the method of calculation of the federal contribution referred to the § 1bis, is supposed to never have produced effects if it was not confirmed by law in the twelve months of the date of its entry into force.
Without prejudice to paragraph 2, the King may, by Decree deliberated in the Council of Ministers, after consultation of the commission, modify, replace or repeal the provisions of the royal decree of 24 March 2003 establishing a federal contribution to the financing of certain public service obligations and costs related to the regulation and control of the natural gas market confirmed by article 437 of the programme act of 22 December 2003.
§ 1erquinquies.
On a proposal from the commission, the King stops the rules of determination of the net actual cost for natural gas undertakings, resulting from the activities referred to in article 15/10 § 2, and their response to its support.
Any order made for this purpose is supposed to never have produced effects if it was not confirmed by law in the twelve months of the date of its entry into force.
On a proposal from the commission, the King may modify, replace or delete the rules laid down by the royal decree of 21 January 2004 on terms of compensation of the net actual costs arising from the application of the maximum prices social on the natural gas market and the rules of intervention for their support, as confirmed by the programme act of 27 December 2004. "."
S. 5. in the same Act, it is inserted an article 15/11bis as follows: 'Article 15/11bis. § 1.
When a quantity greater than 20,000 MWh/year is provided to a site of consumption for professional use, the federal contribution to the final customer is reduced as follows, on the basis of its annual consumption: 1 ° for the instalment of consumption between 20 000 MWh/year and 50 000 MWh/yr: 15 percent;
2 ° for the instalment of consumption 50 001 MWh/year and 250,000 MWh/year: 20 percent;
3 ° for the instalment of consumption between 250 001 MWh/yr and 1 000.000 MWh/year: 25 percent.
4 ° for the instalment of more than 1 000 001 MWh/year consumption: 45 percent.
The King may adapt the percentages referred to in paragraph 1 by order deliberated in Council of Ministers and after consultation of the commission.
Any order made for this purpose is supposed to never have produced effects if it was not confirmed by law in the twelve months of the date of its entry into force.
By site of consumption per year, the federal contribution for this site of consumption amounts to 750.000 euros maximum.
The reductions referred to in this paragraph are calculated and applied by the natural gas undertaking which charges the federal contribution to the final customer.
They are worth for natural gas collected by all customers except those who have not subscribed to branches or "suitable" agreements to which they subscribe.
When it turns out that a company, which has an agreement of branch or "suitable" and who benefits from degressivity on the basis of his statement, does not the obligations of this agreement or "suitable" branch, it is required to reimburse to the commission the amounts not paid by the undue of degressivity application.
Moreover, it loses the right to the degressivity for the following year.
§ 2. In order to cover

the total amount resulting from the application of decreases in the Federal assessment referred to the § 1, the following items are allocated to the Fund referred to in article 15/11 § 1B: 1 ° income resulting from the increase of special excise duty laid down in article 419, point e) i) and item f) i) of the programme act of 27 December 2004 for diesel fuel CN codes 2710 19 41 2710 19 45 and 2710 19 49, up to an amount of 1.50 euro per 1 000 litres at 15 °;
2 ° If the total of the amounts derived from the 1 ° of this paragraph is not sufficient to cover the total amount of reductions, he was posted in addition to a portion of the revenues resulting from special excise duty laid down in article 419, point j) of the Act program of 27 December 2004 for coal, coke and lignite of CN codes 2701, 2702 and 2704;
3 ° If the total of the amounts from of 1 ° and 2 ° of this paragraph is not sufficient to cover the total amount of reductions, he was posted in addition to a portion of the proceeds of the tax on corporations.
' The codes of the combined nomenclature referred to in this article are those contained in Regulation (EEC) no 2031/2001 of the European Commission of 6 August 2001 amending Annex 1 of Regulation EEC No 2658/87 with the Board on the tariff and statistical nomenclature and the common customs tariff. '
S. 6. in the same Act, an as follows 15/11b article is inserted: 'Article 15/11B. When installation of final customer's production is intended only for electricity generation, the quantities of natural gas that are collected from the transmission of natural gas or a direct line for the production of electricity injected into the electricity network are exempt from the federal contribution referred to in article 15/11, § 1bis, according to the rules laid down by royal decree deliberated in the Council of Ministers.
When the harvested quantities of natural gas are intended to power an installation of combined production of electricity and heat, the exemption is granted only to the conditions and in the manner defined by royal decree deliberated in the Council of Ministers. This order is supposed to never have produced effects if it was not confirmed by law within twelve months of its entry into force.
The exemption referred to in this paragraph shall be applied by the natural gas undertaking which charges the federal contribution to the final customer."
S.
7 article 15/15 of the same Act, inserted by the law of 29 April 1999 and replaced by the law of July 20, 2006, is supplemented by a paragraph 4 as follows: "§ § 4 4" The operating costs of the Commission are covered by the Federal assessment referred to in article 15/11, § 1bis, to the extent of the budget set by the House of representatives pursuant to article 25, § 5, of the Act of 29 April 1999 on the organisation of the electricity market. '. "
CHAPTER 2. -Provisions finals s. 8. the royal decree of 22 December 2003 laying down the terms of financing of the net actual costs resulting from the application of maximum prices for the supply of natural gas to residential protected customers, confirmed by the programme act of 9 July 2004, is repealed.
S.
9. this Act comes into force on April 1, 2014, with the exception of articles 5 and 6 which come into force on July 1, 2014.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels on March 26, 2014.
PHILIPPE by the King: the Deputy Prime Minister and Minister of the Interior and of equality of opportunity, Ms. J. MILQUET the Secretary of State for energy, M. WATHELET Scellé of the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Note House of representatives: (www.lachambre.be) Documents: 53-3386-2013/2014 full report: March 13, 2014.
Senate: (www.senate.be) Documents: 5 - 2744 - 2013/2014