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17 JULY 2013. - Act respecting minimum nominal volumes of sustainable biofuels to be incorporated in the volumes of fossil fuels put annually to consumption (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^{er. -} Introductory provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
This Act partially transposes the Directive 2009/30/EC of the European Parliament and of the Council of 23 April 2009 amending Directive 98/70/EC with regard to the specifications relating to gasoline, diesel and diesel, as well as the introduction of a mechanism to monitor and reduce the emissions of greenhouse gases, amending Council Directive 1999/32/EC of 93/12/EC with regard to the specifications for fuel used by navigation vessels
CHAPTER 2. - General provisions
Art. 2. For the purposes of this Act, it shall be understood by:
1° "Guideline 2009/30/EC": Directive 2009/30/EC of 23 April 2009 amending Directive 98/70/EC with respect to specifications relating to gasoline, diesel and diesel fuels and the introduction of a mechanism to monitor and reduce greenhouse gas emissions, amending Council Directive 1999/32/EC with respect to fuel specifications used by inland waterway vessels and 93/12/ revokes the Directive
2° "Guideline 2009/28/EC": Directive 2009/28/EC of 23 April 2009 on promoting the use of energy from renewable sources and amending and repealing Directives 2001/77/EC and 2003/30/EC;
3° "Royal Decree of 26 November 2011": Royal Decree establishing standards for biofuels products;
4° "Deputy Order of December 27, 1978": the Ministerial Order of December 27, 1978 relating to the registration of persons involved in the supply circuit of the country and consumers of oil and petroleum products, as amended by the Ministerial Order of 1^er December 2000 and the Act of 26 January 2006 on the detention of mandatory oil and petroleum stocks and the establishment of an agency for the management of part of these stocks and amending the Act of 10 June 1997 on the general regime, the detention, traffic and controls of products subject to access;
5° "registered oil company": any natural or legal person registered under the ministerial order of December 27, 1978 and for his own account, on behalf of others or for his own needs, puts E5, E10 gasoline and/or diesel fuel to consumption, referred to as "society";
6° "consumeration": the amount of petroleum products consumed in accordance with sections 6, 35, 36 and 37 of the Act of 22 December 2009 concerning the general excise regime;
7° "E5 petrol": unleaded gasoline under NC 2710 11 49 with low sulphur and aromatic content and under NC codes, 2710 11 41 and 2710 11 45 used as non-exempt excise fuel and maximum containing 5% v/v ethanol and meeting the specifications of NBN-EN 228;
8° "E10 petrol": unleaded gasoline under NC 2710 11 49 with low sulphur and aromatic content and under NC codes, 2710 11 41 and 2710 11 45, used as non-exempt excise fuel and maximum container 10 % v/v ethanol and meeting the specifications of NBN-EN 228;
9° "diesel": the diesel under code NC 2710 19 41 of a sulphur content not exceeding 10 mg/kg, used as a non-exempt excise fuel and meeting the specifications of NBN-EN 590;
10° "sustainable biofuels": any product reproduced in Appendix III of Directive 2009/28/EC that meets the durability criteria imposed by the Royal Decree of 26 November 2011;
11° "sustainable biofuel - category A": sustainable biofuel for which there is a European or Belgian standard;
12° "sustainable biofuel - Category B": sustainable biofuel for which there is not yet a European or Belgian standard but whose use is authorized by the Minister;
13° "sustainable biofuels - Category C": sustainable biofuel of category A or B and whose actual volume can be multiplied by a corrective factor FC determined in the manner determined by the Minister to calculate its nominal volume;
14° "real volume of sustainable biofuel VR": the real volume of sustainable biofuel measured in m³;
15° « Rated volume of sustainable biofuel VN » : the actual volume multiplied by a corrective factor FC.
For categories A and B, the corrective factor is equal to 1. For Class C, it is greater than 1 and is individually fixed for each sustainable biofuel in Class C, as defined by the Minister;
16° "rated volume of sustainable biofuels": the volume equal to the sum of the nominal volume of sustainable biofuels - category A, B and C;
17° "EMAG": the methyl ester of fatty acid under NC 3824 90 99 and meeting the specifications of NBN-EN 14214;
18° "bioethanol": ethanol produced from vegetable raw materials, falling under NC 2207 10 00 of a volumic alcoometric title of at least 99% vol and meeting the specifications of NBN-EN 15376;
19° "Bio-ETBE": ethy-tertio-butyl ether in NC 2909 19 00 that is not of synthetic origin, containing in volume 47% of bioethanol;
20° "the minister": the federal minister who has energy in his duties;
21° « Direction Générale de l'Energie » : la Direction générale Energie du SPF Economie, P.M.E., Classes Moyens et Energie;
22° FAPETRO: Oil Products Analysis Fund;
23° "PETRA": Anonymous public law company created by the Act of 26 January 2006 on the detention of mandatory oil and petroleum products stocks and the establishment of an agency for the management of part of these stocks and amending the Act of 10 June 1997 on the general regime, the detention, traffic and controls of products subject to access.
Art. 3. The references to the codes of the combined nomenclature contained in this Act are those referred to in Article 414, § 2, of the Programme Law of 27 December 2004.
The standards of products referred to in this Act are the latest versions of the standards established by the CEN (European Standards Committee) and/or by the NBN (Normization Bureau).
CHAPTER 3. - Classification of sustainable biofuels
Art. 4. To meet the requirements of this Act, biofuels must be sustainable by meeting the following conditions:
1° be registered in the data bank created by the Royal Decree of November 26, 2011;
2° meet the requirements of the Royal Decree of 26 November 2011.
Art. 5. In addition, sustainable biofuels must belong to one of the following categories:
1° Category A: all sustainable biofuels as reproduced in Annex III to Directive 2009/28/EC and all other sustainable biofuels for which European or Belgian standards exist;
2° Category B: all sustainable biofuels included in Appendix III to Directive 2009/28/EC, as well as all new types of sustainable biofuels that should develop according to technological developments and for which no European or Belgian standards exist. Sustainable biofuels in this category are accepted provided that a complete technical record containing all relevant data demonstrating that they comply with the provisions of Directive 2009/30/EC is provided in advance to the Energy Branch and approved by the Minister;
3° Category C: Class A and B biofuels may be granted a corrective factor allowing their nominal volume to be, for a specified and limited period, greater than their actual volume, provided that all evidence and supporting data for this corrective factor in accordance with the provisions of Directive 2009/30/EC are previously provided to the Energy Branch and are approved by the Minister.
Art. 6. The technical records referred to in Article 5, 2 and 3 are evaluated by FAPETRO, who may be assisted by experts.
The King may set the rules for the technical file, the FAPETRO assessment and the appointment and specific missions of the experts, as well as the publication of the list of sustainable biofuels, the category to which they belong, the corrective factor for each sustainable biofuel in category C, and the period during which this corrective factor may be applied.
Art. 7. § 1^er. Any company that uses E5 gasoline, E10 gasoline and/or diesel, must ensure and demonstrate that the volumes consumed during the calendar year contain at least a nominal volume of sustainable biofuels as defined in sections 4 and 5.
§ 2. Every company is required to guarantee and prove that the volume of each type of diesel consumed annually contains at least one nominal volume of the EMAG corresponding to a percentage equal to the maximum percentage set by the NBN EN 590 minus 1 (one) unit.
§ 3. The annual nominal volume imposed in § 2 shall contain at least one real volume corresponding to an EMAG percentage equal to the maximum percentage set by the NBN EN 590 minus 2 (two) units.
§ 4. Every company is required to ensure and prove that the annual volume of each type of gasoline, E10 gasoline and E5 gasoline consumed contains at least a nominal volume of bioethanol, pure or bio-ETBE, up to a percentage equivalent to the maximum percentage set by NBN EN 228 minus 1 (one) unit.
§ 5. The annual nominal volume imposed in § 4 shall contain at least one real volume corresponding to a percentage of bioethanol, pure or bio-ETBE, equal to the maximum percentage set by the NBN EN 228 minus 2 (two) units.
§ 6. The nominal volumes defined in § 2 for different types of diesel and § 4 for different types of gasoline must be considered as reference volumes.
They may be partially replaced by a maximum of the nominal volumes of Category B biofuels that are the equivalent of 1.5 per cent of EMAG or bioethanol, pure or in the form of bio-ETBE, or by nominal volumes of Category C biofuels that are the equivalent of 1.5 per cent of EMAG or bioethanol, pure or in the form of bio-ETBE.
§ 7. When a company with an excise number in Belgium sells on the Belgian market to another company with an excise number in Belgium under the suspension of rights, gasoline and/or diesel, it has the obligation, at the request of the latter, to provide it with a statement attesting to the presence of biofuel as well as proof of durability within the meaning of Article 4.
§ 8. Amounts of sustainable biofuels sold under a law suspension regime must be deducted from the seller's statement and recorded in the buyer's statement if the buyer is actually the consumer issuer.
Art. 8. As part of a one-time refresh of its stocks, APETRA may request that certain quantities of petroleum products, which are its property and which are in Belgium in hard-to-reach deposits, should not contain the nominal volumes referred to in Article 7, §§ 2 and 4.
These exceptions may apply to the extent that they do not compromise the purpose of this Act, namely, the incorporation of sustainable biofuels into fossil fuels for road transport and that they do not cause distortion in the national or local market for the distribution of fuels.
Art. 9. The King sets out the terms and conditions under Article 7, §§ 7 and 8, and Article 8.
CHAPTER 4. - Information and administration obligations
Art. 10. § 1^er. Companies are required to communicate, no later than the last business day of the month that follows each quarter to the Direction Générale Energie, the quantities of E5 petrol and E10 gasoline and/or diesel fuel consumed, mentioning the quantities of fossil fuels consumed and the corresponding quantities of sustainable biofuels consumed.
This data may also be communicated to the Directorate General Energy electronically.
CHAPTER 5. - Control and warning system
Art. 11. § 1^er. The control over the obligations resulting from this Act and its enforcement orders is carried out by the officers of the Directorate General Energy and the Directorate General of Control and Mediation of the Federal Public Service Economics, P.M.E., Average Classes and Energy mandated for this purpose by the Minister, in collaboration with the General Administration of Customs and Accises of the SPF Finance.
§ 2. The data on consumerization provided by companies are controlled using data that the General Administration of Customs and Accises of the SPF Finance shall communicate to the Directorate General Energy no later than the last working day of the month following each quarter.
This data includes the quantities of gasoline and/or diesel products consumed during this quarter.
Data on the volume of sustainable biofuels consumed are verified using the data collected in the Royal Decree data bank of November 26, 2011.
§ 3. The Directorate General of Energy has direct access to the individual data contained in the data bank of the Royal Decree of 26 November 2011.
§ 4. The King sets out the complementary rules regarding the obligations of information and administration.
§ 5. The King may prescribe the obligation for the above-mentioned companies to hold an accounting according to the models that He sets.
§ 6. Each quarter, after receipt of the data referred to in Article 10, §§ 1^er and 2, the Directorate General of Energy checks these data for each company that consumes E5, E10 gasoline and/or diesel.
If the Directorate General of Energy considers that there are indications that there is a possible lack of compliance with Article 7 for the year in question, it informs the company concerned by registered letter to the Post.
§ 7. The King sets out the terms of this control.
Art. 12. § 1^er. Any company must be able to provide the certificates provided by the Royal Decree of November 26, 2011 establishing product standards for biofuels, proving and biofuels used may be considered.
§ 2. The results of FAPETRO analyses may be used as a warning to indicate that the company may not meet its obligations under this Act.
Analysis results can be an indication for this if:
1° the biofuel content is less than the maximum allowed by the standard less than 2 (two) units;
2° the nominal volumes of biofuels put to consumption reported quarterly as specified in Article 10, § 1^erexceed the measured biofuel content.
Art. 13. § 1^er. If by the controls referred to in sections 11 and 12, it is to be feared that the volumes of petroleum products put on the market by the company do not contain the nominal volumes of biofuels imposed by this Act, the Directorate General of Energy shall send it a warning letter recommended to the post.
The company is requested to be justified within 10 business days after receipt of the notice, by providing any relevant information indicating that it will be able to meet its obligations.
A second check is then organized within four to six weeks from the date of the first check.
§ 2. If the company in question remains in default under Article 7, §§ 3 and 5, the Directorate General of Energy shall send it a second warning letter recommended to the position.
A third check is organized within four to six weeks from the date of the second check.
If, in spite of these two warnings, the company remains in default under Article 7, §§ 3 and 5, during the third check and if the absence of compelling evidence continues, the difference between the nominal volumes of biofuels declared for the current quarter and the actual volumes of measured biofuels will not be counted to the nominal volume of the calendar year in § 4.
CHAPTER 6. - Administrative amendments
Art. 14. § 1^er. shall be punished by an administrative fine of one hundred euros to ten thousand euros those who do not respect or hinder the obligations referred to in Article 10, § 1^er.
In case of recidivism, the fine can be doubled.
§ 2. Any duly informed company that does not respect the nominal volume set out in Article 7, §§ 2 and 4 shall be liable to an administrative fine equal to 900 euros per 1,000 litres at 15 ° C of missing biofuel that has not been mixed with the annual consumption of E5, E10 gasoline and/or diesel.
To this end, the Directorate General Energy relies on the data it receives from the General Administration of Customs and Accises of the SPF Finance, on its own data, including information collected from FAPETRO and those of the companies involved.
§ 3. At the request of the company or the Directorate General of Energy, a hearing may be conducted, the report of which, countersigned by both parties, is attached to the file.
The King sets out the terms and conditions under which this hearing takes place.
§ 4. The administrative fine is collected for the benefit of the Treasury by the Directorate General Energy.
§ 5. The King sets the rules on perception.
§ 6. The corporation to which 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.
CHAPTER 7. - Final provisions
Art. 15. Depending on technological developments in biofuels and on the evolution of European policy in the matter, the King may modify the nominal volumes of incorporation defined in Article 7, by order deliberately in the Council of Ministers.
The first assessment will take place no later than 12 months and no later than 36 months from the effective date of this Act. After this period, an evaluation will take place once every two years.
Art. 16. The Ministry of Defence and automobile manufacturers are excluded from the scope of this Act.
Art. 17. This Act comes into force on June 30, 2013.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 17 July 2013.
ALBERT
By the King:
Minister of Economy,
J. VANDE LANOTTE
Minister of the Interior and Equal Opportunities,
Ms. J. MILQUET
Minister of Agriculture,
Mrs. S. LARUELLE
Minister of Finance
K. GEENS
The Secretary of State for Environment, Energy and Mobility,
Mr. WATHELET
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) Documents of the House of Representatives:
53-2866 - 2012/2013:
No. 1: Bill by Mr. George and Mr. Clarinval, Ms. Dierick and Emmery, Mr. Schiltz and Ms. Vanheste.
Number two: Report.
Number 3: Text corrected by commission.
No. 4: Amendments.
No. 5: Text adopted in plenary and transmitted to the Senate.
Full report: 19 and 20 June 2013.
Documents of the Senate:
5-2160 - 2012/2013:
Number 1: Project referred to by the Senate.
Number two: Report.
No. 3: Decision not to amend.
Annales du Senate: June 27, 2013.