Posted the: 2013-07-26 Numac: 2013011348 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES average and energy 17 July 2013. -Law on the nominal minimum volumes of sustainable biofuels that must be incorporated into the volumes of fossil fuels released annually for consumption (1) ALBERT II, King of the Belgians, all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Disposition introductory Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
This Act partially transposes 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 for gasoline, diesel fuel and gas oils as well as the introduction of a mechanism to monitor and reduce greenhouse gas emissions, amending Directive 1999/32 / EC of the Council with regard to the specifications for fuels used by the inland waterway vessels and repealing Directive 93/12 / EEC and Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy produced from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC.
CHAPTER 2. -Provisions general article 2. for the purposes of this Act, shall mean: 1 ° 'Directive 2009/30/EC': Directive 2009/30/EC of 23 April 2009 amending Directive 98/70/EC with regard to the specifications for gasoline, diesel fuel and gas oils as well as the introduction of a mechanism to monitor and reduce greenhouse gas emissions , amending Directive 1999/32 / EC of the Council as regards specifications for fuels used by inland waterway vessels and repealing Directive 93/12 / EEC;
2 ° 'Directive 2009/28/EC': Directive 2009/28/EC of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing directives 2001/77/EC and 2003/30/EC;
3 ° 'royal decree of November 26, 2011': royal decree establishing the product standards for biofuels;
4 ° 'Ministerial Decree of 27 December 1978': ministerial order of 27 December 1978 relating to the registration of persons involved in the supply chain of the country and consumers in petroleum and petroleum products, as amended by the ministerial order of 1 December 2000 and by the law of 26 January 2006 on the detention of compulsory oil and petroleum products stocks and the creation of an agency for the management of some of these stocks and amending the law of 10 June 1997 on the general arrangements, holding, traffic and controls of products subject to excise duty;
5 ° "registered oil company": any natural or legal person who is registered under the Ministerial Decree of 27 December 1978 and for its own account, for hire or reward or for its own needs, putting gasoline E5, E10 gasoline and/or diesel consumption, hereinafter referred to as "company".
6 ° "making consumption": the amount of petroleum products updated consumption pursuant to articles 6, 35, 36 and 37 of the Act of 22 December 2009 concerning the general arrangements for excise duty;
7 ° "gasoline E5": the unleaded gasoline falling within code NC 2710 11 49 low-sulphur and aromatic and falling within CN codes 2710 11 45 and 2710 11 41 used as fuel non-exempt excise and maximum 5% v/v ethanol meets the specifications of the standard NBN - in 228;
8 ° "gasoline E10": unleaded petrol falling within code NC 2710 11 49 low-sulphur and aromatic and falling within code NC, 2710 11 45 and 2710 11 41, used as fuel not exempt of excise duty and maximum 10% v/v ethanol meets the specifications of the standard NBN - in 228;
9 ° "diesel": gas oil falling within code NC 2710 19 41 with a sulphur content not exceeding 10 mg/kg, used as fuel not exempt of excise duty and conforming to the specifications of the standard NBN - in 590.
10 ° "sustainable biofuels": any product set out in annex III to directive 2009/28/EC and that meets the sustainability criteria imposed by the royal decree of November 26, 2011;
11 ° "sustainable biofuel - category A": sustainable biofuel for which there is a standard European or Belgian;
12 ° "sustainable biofuel - category B": sustainable biofuel for which there is still no European standard or Belgian, but whose use is authorized by the Minister;
13 ° "sustainable biofuels - category C": sustainable biofuel in category A or B and the actual volume can be multiplied by a correction factor CF determined in accordance with the procedures laid down by the Minister to calculate its nominal volume;
14 ° 'a sustainable biofuel VR real volume': the actual volume of sustainable biofuel measured in m3;
15 ° "nominal volume of sustainable biofuel VN": the actual volume multiplied by a correction factor cf.
For categories A and B, the correction factor is equal to 1. For category C, it is greater than 1 and is set individually for each sustainable biofuel belonging to category C, in the manner established by the Minister;
16 ° 'nominal volume of sustainable biofuels': the volume equal to the sum of the nominal volume of sustainable biofuels - category A, B and C;
17 ° "EMAG": methyl ester of fatty acid falling within CN code 3824 90 99 and conforming to the specifications of the standard NBN - EN 14214.
18 ° 'bioethanol': ethanol produced from vegetable raw materials, falling within CN code 2207 10 00 of an alcoholic volume of at least 99% vol and conforming to the specifications of the standard NBN - in 15376;
19 ° "Bio-ETBE": ethyl-tertio-butyl-ether falling within CN code 2909 19 00 which are not of synthetic origin, containing by volume 47% bioethanol;
20 ° "Minister": the federal Minister who was in charge of the energy;
21 ° 'Directorate General for energy': the Directorate General energy of the FPS economy, SMEs, Middle Classes and energy;
22 ° «FAPETRO»: the analysis of the Petroleum Fund;
23 ° "APETRA": the public limited company created by the law of 26 January 2006 on the detention of compulsory oil and petroleum products stocks and the creation of an agency for the management of some of these stocks and amending Act of 10 June 1997 on the general arrangements, holding, traffic and controls of products subject to excise duty.
S. 3. the references to codes of the combined nomenclature contained in this Act are those referred to in section 414, § 2, of the programme law of 27 December 2004.
Product standards to which reference is made in this Act are the latest versions of the standards laid down by the CEN (European Committee for standardisation) and/or the NBN (Bureau de Normalisation).
CHAPTER 3. -Classification of sustainable biofuels s. 4. to comply with the provisions of this Act, biofuels must be sustainable by satisfying the following conditions: 1 ° be registered in the database created by the royal decree of November 26, 2011;
2 ° comply with the requirements of the royal decree of November 26, 2011.
S. 5. sustainable biofuels must belong to one of the following categories: 1 ° category A: all sustainable biofuels covered by Annex III of Directive 2009/28/EC as well as all other sustainable biofuels for which European or Belgian standards exist;
2 ° category B: all sustainable biofuels covered by Annex III of Directive 2009/28/EC, as well as all new types of sustainable biofuels should develop on the basis of technological developments and for which there is no European or Belgian standards. Sustainable biofuels in the group are accepted on condition that a full technical dossier containing all relevant information proving that they comply with the provisions of Directive 2009/30/EC is previously provided to the Directorate-General of energy and it is approved by the Minister;
3 ° C category: biofuels in category A and B can be granted a corrective factor allowing their nominal volume to be, for a period fixed and limited, greater than their actual volume, provided that all evidence and supporting data for this factor according to the provisions of Directive 2009/30/EC are previously supplied to the Directorate-General of energy and they are approved by the Minister.
S. 6. technical records referred to in article 5, 2 ° and 3 °, are evaluated by FAPETRO, who may be assisted by experts.
The King may lay down the rules concerning the technical dossier evaluation by FAPETRO and the appointment and the specific missions of experts, as well as for the publication of the list of sustainable biofuels, the category to which they belong, the factor for each sustainable biofuel belonging to category C, as well as the period during which this factor can be applied.
7 § 1. Any company making the consumption of gasoline E5, E10 gasoline and/or diesel, must guarantee and prove that volumes released for consumption during the calendar year contain at least a volume nominal sustainable biofuel as defined in articles 4 and 5.
§ 2. Any company is required to ensure and prove that the volume of each type of diesel established consumption annually contains at least a nominal volume of the EMAG corresponding to a percentage equal to the maximum percentage fixed by the standard NBN EN 590 minus 1 (one) unit.
§ 3. The annual nominal volume in § 2 must contain at least a real volume corresponding to a percentage fame equal to the maximum percentage fixed by the NBN EN 590 standard less than 2 (two) units.
§ 4. Any company is required to ensure and prove that the volume of each type of fuel, E10 gasoline and gasoline E5, consumption contains at least a nominal volume of bioethanol, pure or as bio-ETBE, a percentage equivalent to the maximum percentage fixed by the standard NBN EN 228 minus 1 (one) unit.
§ 5. The annual nominal volume in § 4 must contain at least a real volume corresponding to a percentage of bioethanol, pure or as bio-ETBE, equal to the maximum percentage fixed by the standard NBN EN 228 minus 2 (two) units.
§ 6. The nominal volumes set out in § 2 for different types of diesel and in § 4 for different types of gasoline should be considered reference volumes.
They can be partially replaced by maximum of the nominal volumes of biofuels in category B which are the equivalent of 1.5% of the EMAG or bioethanol, pure or in the form of bio-ETBE, nominal volumes of biofuels of category C who are the equivalent of 1.5% of the EMAG or bioethanol, pure or as bio-ETBE.
§ 7. When a company with a number of excise duties in Belgium sold on the Belgian market to another company with a number of excise duties in Belgium under duty suspension of rights, gasoline or diesel, it has the obligation to provide a statement of the presence of the biofuel and evidence of sustainability within the meaning of article 4 at the request of the latter.
§ 8. The quantities of sustainable biofuel sold under regime of suspension of duty, must be deducted from the declaration of the seller and recorded in the statement of the buyer if the latter is indeed the Director for consumption.
S. 8. in the context of a timely refresh of its stocks, APETRA can ask that certain quantities of petroleum products, which are its property and that are located in Belgium in difficult access deposits, should not when they use contain the nominal volumes listed in article 7, §§ 2 and 4.
These exceptions may apply provided that they do not compromise the objective of the Act, namely the incorporation of sustainable biofuels in fossil fuels for road transport and that they do not cause a distortion in the national or local distribution of the fuels market.
9. the King sets the terms and conditions under section 7, §§ 7 and 8, and article 8.
CHAPTER 4. -Obligations for information and administrative art.
10 § 1. Companies are required to provide no later than the last working day of the month following each quarter to the Directorate General energy quantities of gasoline E5 and E10 gasoline and/or diesel released for consumption, stating the quantities of fossil fuels released for consumption and the corresponding sustainable biofuels released for consumption quantities.
These data may also be communicated to the Directorate General energy electronically.
CHAPTER 5. -Control and s. warning system 11 § 1. Relating to the obligations arising from this Act and its enforcement orders are controlled by agents of the Directorate General energy and the Directorate General of control and Mediation of public Service federal economy, SMEs, Middle Classes and energy mandated for this purpose by the Minister, in collaboration with the Directors General of customs and Excise of the SPF finance.
2. The release for consumption data provided by the companies are controlled by using the data that the General Administration of customs and Excise of the SPF finance communicates no later than the last working day of the month following each quarter, the Directorate General energy.
These data include the quantities of products of gasoline and/or diesel products released for consumption this quarter.
Data on the volume of sustainable biofuels in consumption are checked using the data contained in the database of the royal decree of November 26, 2011.
§ 3. The Directorate-General of energy has direct access to the individual data contained in the database of the royal decree of November 26, 2011.
§ 4. The King sets additional rules concerning the obligations of information and administration.
§ 5. The King may prescribe the obligation for the abovementioned companies of the keeping of accounts according to models to be fixed.
§ 6. Each quarter, after receipt of the data referred to in article 10, §§ 1 and 2, the Directorate General of energy checks these information for each company that puts consumer gasoline E5, E10 gasoline or diesel.
If the Directorate-General of energy considers that there are clues assuming a possible lack of compliance with article 7 for the year in question, it shall inform the company concerned by registered letter to the post.
§ 7. The King sets the arrangements for this control.
12 § 1. Any company must provide the certificates laid down in the royal decree of November 26, 2011 products for biofuels standards, proving that used biofuels can be taken into account.
§ 2. The results of the analyses carried out by FAPETRO can be used as a warning to indicate that the company could not meet its obligations under this Act.
Results of analysis may be an indication for this if: 1 ° the percentage of biofuel is less than the maximum level allowed by the standard less than 2 (two) units;
2 ° the nominal volumes of biofuels released for consumption reported on a quarterly basis as specified in article 10, § 1, exceed the biofuel content measured.
S. 13 § 1. If by the controls referred to in articles 11 and 12, it is 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 sends a letter of warning by registered letter to the post.
The company is invited to be justified within a period of 10 working days following receipt of the warning letter, by providing any relevant material indicating that she will be able to meet its obligations.
A second control is then organized within four to six weeks from the date of the first control.
2. If the company in question remains in default with regard to article 7, paragraphs 3 and 5, the Directorate General of energy shall send a second letter of warning by registered letter to the post.
A third control is organised within four to six weeks from the date of the second control.
If despite these two warnings, the company remains in default with regard to article 7, §§ 3 and 5, when the third monitors and if the absence of convincing evidence continues, the difference between the nominal volumes of biofuels declared for the current quarter and the actual measured biofuels volumes will not be accounted to achieve the nominal volume of the current calendar year as it is laid down in article 7, §§ 2 and 4.
CHAPTER 6. -Fines administrative s. 14 § 1. Are punished by an administrative fine of one hundred euros to ten thousand euros those which do not comply with or impair the obligations referred to in article 10, § 1.
In case of recidivism, the fine may be doubled.
§ 2. Any duly informed society that does not the nominal volume laid down in article 7, §§ 2 and 4, is punishable by an administrative penalty equal to 900 euros per 1 000 litres at 15 ° C of missing biofuel that has not been mixed with the annual amount of gasoline E5, E10 gasoline and/or diesel consumption.
To this end, the Directorate General energy is based on the data it receives from the General Customs and Excise of the SPF finance on its own data, including information collected from FAPETRO and those of companies consolidated in question.
§ 3. At the request of the company or the General Direction of energy, can conduct a hearing which the report, countersigned by both parties, is attached to the file.
The King sets the terms and conditions under which the hearing is held.
§ 4. The administrative fine is collected for the benefit of the Treasury by the Directorate General energy.
§ 5. The King lays down the rules for the collection.
6. The company on 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.
CHAPTER 7. -Provisions finals s. 15. According to the technological developments in biofuels and the development of European policy in this area, the
King may modify the nominal volumes of incorporation referred to in article 7, by Decree deliberated in the Council of Ministers.
The first evaluation will take place no earlier than 12 months and not later than 36 months from the date of entry into force of this Act. After this period, an evaluation will take place once every two years.
S. 16. the Ministry of defence and the automakers are excluded from the scope of this Act.
S. 17 this Act comes into force on June 30, 2013.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, July 17, 2013.
ALBERT by the King: the Minister of the economy, J. VANDE LANOTTE the Minister of the Interior and of equality of opportunity, Ms. J. MILQUET. the Minister of Agriculture, Mrs S. LARUELLE the Finance Minister K. GARG the Secretary of State environmental, energy and mobility, M. WATHELET Scellé of the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) records of the House of representatives : 53 - 2866 - 2012/2013: No. 1: Bill of Messrs. George and Mahboobeh, Mrs Dierick and Emmery, Mr Schiltz and Ms. Vanheste.
No. 2: report.
No. 3: Text corrected by the commission.
No. 4: amendments.
No. 5: Text adopted in plenary meeting and transmitted to the Senate.
Full record: 19 and June 20, 2013.
The Senate documents: 5-2160-2012/2013: No. 1: project referred by the Senate.
No. 2: report.
No. 3: Decision not to amend.
Annals of the Senate: June 27, 2013.