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25 AOUT 2012. - Act respecting various energy provisions (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
PART I^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
PART II. - Amendments to the Act of 29 April 1999
on the organization of the electricity market
Art. 2. Article 8, § 1^er, paragraph 3, 15° of the law of April 29, 1999 on the organization of the electricity market, inserted by the law of January 8, 2012, the signs of punctuation "..." between the words "publication of the law of" and the words "change of the law" are replaced by the words "January 8, 2012".
Art. 3. Article 10, § 1^er, paragraph 5, of the same law, inserted by the law of 8 January 2012, the signs of punctuation "..." between the words "publication of the law of" and the words "change of the law" are replaced by the words "January 8, 2012".
Art. 4. In article 12quater, § 2, of the same law, inserted by the law of 8 January 2012, in the Dutch version, the number "12" between the words "bekendmaking van de wet van" and the words "januari 2012 tot wijziging" is replaced by the number "8".
Art. 5. Section 18 of the Act, last amended by the Act of 8 January 2012, contains paragraphs 2/1 to 2/4, as follows:
Ҥ 2/1. For billing to the residential client or the EMP, the following obligations are applied:
1° Providers shall ensure that all counting, closing and deposit invoices addressed to the residential client or to the P.M.E. due to the supply of electricity include at least the following:
(a) the name and address of the energy supplier;
(b) the address, e-mail address, telephone number and fax number of the energy provider's customer service;
(c) the address, email address, telephone number and fax number of the energy mediation service;
(d) the period covered by the invoice;
(e) amounts charged;
(f) the EAN number;
(g) the rate of T.V.A. and the amount of T.V.A.;
(h) the product or service under the contract;
(i) the duration of the contract, the date of commencement, if any, the date of termination, the notice period and the mention that no compensation is payable in the event of a breach;
(j) hyperlink to the official rate simulator of the relevant regional regulator;
2° all bills for counting or closing to the residential client or to the P.M.E. further mention:
(a) the number of units consumed;
(b) the price(s) at the unit;
(c) details of the amount to be paid;
(d) the transport tariff;
(e) the rate of distribution;
(f) levies collected by all public authorities by aggregated by categories;
(g) the evolution of consumption, unit price per kWh and the total price of the previous three years;
(h) the nature of the primary energy sources used for the electricity supplied: renewable, cogeneration, fossil, nuclear or unknown fuels. The latter category cannot exceed 5%.
§ 2/2. At the proposal of the Minister and the Minister responsible for the protection of Consumer Affairs, the provisions contained in the "consumer in the liberalized market of electricity and gas" sectoral agreement are supplemented before 1^er January 2013 to address, inter alia:
(a) the introduction of the consumer's faculty to exclude bills to close and count any bank domicile;
(b) the communication to the consumer of each modification of the terms of the contract to its detriment in such a way that the consumer's attention is drawn to it explicitly, indicating that the change gives the consumer the right to terminate the contract within a reasonable time without notice and without charge.
If the amendments to the agreement are not adopted at the end of the time limit set out in paragraph 1^er, the King sets out, by order deliberately in the Council of Ministers, the obligations of electricity providers in consumer protection.
§ 2/3. The residential client or P.M.E. has the right to terminate at any time a contract for the continuous supply of electricity, whether fixed-term or indefinitely, provided that a month's notice period is respected.
Any contractual clause that prejudices this right is null and void of full right.
Unless otherwise expressly agreed, the supplier with which the residential client or P.M.E. enters into a contract of continuous supply of electricity is presumed to be mandated to exercise the right referred to in paragraph 1^er.
When the residential client or P.M.E. uses the right granted by paragraph 1^erno compensation may be taken into account.
§ 2/4. The offences under this section are sought, found and prosecuted in accordance with the provisions of articles 111 to 113, 115 except the second paragraph, 116 to 118, 123, 124 and 133 to 137 of the Act of 6 April 2010 on market practices and consumer protection. "
Art. 6. In section 20bis of the Act, inserted by the Act of 8 January 2012 and amended by the Act of 29 March 2012, the following amendments are made:
1° to § 4, paragraph 1^er, the words ", after notice of the National Bank of Belgium", are repealed;
2° in § 5, paragraphs 4, 5, 6 and 8, the words ", after the opinion of the National Bank of Belgium" are repealed;
3° in § 5, paragraph 7, the words "and with the National Bank of Belgium" and the words "The commission is in concert with the National Bank of Belgium. are repealed;
4° § 5, paragraph 11 is replaced by the following: "The commission respects the strict confidentiality of commercially sensitive data and/or personal data. "
Art. 7. In the same Act, an article 20quater is inserted, which reads as follows:
"Art. 20quater. § 1^er. For residential customers and P.M.E., the supplier may make a maximum impact to the final customer on the actual charge related to regional green certificates and cogeneration certificates, taking into account only the market price of certificates and a lump sum transaction cost. This transaction cost is fixed by the King by order deliberately in the Council of Ministers, after notice of the commission.
The margins in the transfer of certificates between the different entities of a vertically integrated company that are greater than the difference between the minimum purchase price guaranteed by a federal or regional regulation and the market price of a green certificate are prohibited.
§ 2. The Board shall monitor the application of this Article. In this regard, it has the powers which are recognized in Article 26, § 1^erbis, paragraph 1^er. To assess the reality of costs, the commission relies, inter alia, on documents issued by the relevant regional authorities.
If it finds an offence under § 1^er, the commission may enjoin the intended electricity company to comply with it and credit the customers concerned for the overpayment part within three months. If the intended electricity company remains in default on the expiry of the period or does not provide proof that the customers concerned have been correctly credited, the commission may impose an administrative fine which, by derogation from section 31, cannot exceed 150,000 euros. "
Art. 8. In article 30bis, § 3, paragraph 2, of the same law, last amended by the law of 8 January 2012, the words "in article 20quater" are inserted between the words "crimes" and the words "in article 23, § 2, 3°".
PART III. - Amendments to the Act of 12 April 1965
related to the transport of gaseous and other products by pipelines
Art. 9. In section 8, of the Act of 12 April 1965 on the carriage of gaseous and other products by pipelines, last amended by the Act of 8 January 2012, the following amendments are made:
1° to § 4bis, paragraph 3, the signs of punctuation "..." between the words "publication of the law" and the words "change of the law" are replaced by the words "January 8, 2012";
2° to § 4quinquies, paragraph 2, the signs of punctuation "..." between the words "publication of the law" and the words "change of the law" are replaced by the words "January 8, 2012".
Art. 10. In section 15/5bis of the Act, replaced by the Act of 8 January 2012, the following paragraphs 11/1 to 11/4 are inserted:
Ҥ 11/1. For billing to the residential client or the EMP, the following obligations are applied:
1° Providers shall ensure that all counting, closing and deposit invoices addressed to the residential client or to the P.M.E. due to the supply of gas contain at least the following:
(a) the name and address of the energy supplier;
(b) the address, e-mail address, telephone number and fax number of the energy provider's customer service;
(c) the address, email address, telephone number and fax number of the energy mediation service;
(d) the period covered by the invoice;
(e) amounts charged;
(f) the EAN number;
(g) the rate of T.V.A. and the amount of T.V.A.;
(h) the product or service under the contract;
(i) the duration of the contract, the date of commencement, if any, the date of termination, the notice period and the mention that no compensation is payable in the event of a breach;
(j) hyperlink to the official rate simulator of the relevant regional regulator;
2° all bills for counting or closing to the residential client or to the P.M.E. further mention:
(a) the number of units consumed;
(b) the price(s) at the unit;
(c) details of the amount to be paid;
(d) the transport tariff;
(e) the rate of distribution;
(f) levies collected by all public authorities by aggregated by categories;
(g) the evolution of consumption, unit price per kWh and the total price of the previous three years.
§ 11/2. At the proposal of the Minister and the Minister responsible for the protection of Consumer Affairs, the provisions contained in the "consumer in the liberalized market of electricity and gas" sectoral agreement are supplemented before 1^er January 2013 to address, inter alia:
(a) the introduction of the consumer's faculty to exclude bills to close and count any bank domicile;
(b) the communication to the consumer of each modification of the terms of the contract to its detriment in such a way that the consumer's attention is drawn to it explicitly, indicating that the change gives the consumer the right to terminate the contract within a reasonable time without notice and without charge.
If the amendments to the agreement are not adopted at the end of the time limit set out in paragraph 1^er, the King sets out, by deliberate decree in the Council of Ministers, the obligations of gas suppliers in consumer protection.
§ 11/3. The residential client or P.M.E. has the right to terminate at any time a contract for continuous supply of gas, whether fixed-term or indeterminate, within a month's notice period.
Any contractual clause that prejudices this right is null and void of full right.
Unless otherwise expressly agreed, the supplier with which the residential client or P.M.E. enters into a continuous gas supply contract is presumed to be mandated to exercise the right referred to in paragraph 1^er.
When the residential client or P.M.E. uses the right granted by paragraph 1^erno compensation may be taken into account.
§ 11/4. The offences under this section are sought, found and prosecuted in accordance with the provisions of sections 111 to 113, 115 except paragraphs 2, 116 to 118, 123, 124 and 133 to 137 of the Act of 6 April 2010 on market practices and consumer protection. "
Art. 11. Article 15/9bis, § 1^erin the same Act, inserted by the Act of 8 January 2012, the following amendments are made:
1° to paragraph 1^er signs of punctuation "..." between the words "publication of the law" and the words "amendment of the law" are replaced by the words "January 8, 2012";
2° in paragraph 2 the signs of punctuation "..." between the words "publication of the law" and the words "change of the law" are replaced by the words "January 8, 2012".
Art. 12. In section 15/10bis of the Act, inserted by the Act of 8 January 2012 and amended by the Act of 29 March 2012, the following amendments are made:
1° to § 1^er signs of punctuation "..." between the words "publication of the law" and the words "amendment of the law" are replaced by the words "January 8, 2012";
2° to § 4, paragraph 1^er, the words ", after notice of the National Bank of Belgium", are repealed;
3° in § 5, paragraphs 4, 5, 6, and 8, the words ", after the opinion of the National Bank of Belgium" are repealed;
4° in § 5, paragraph 7, the words "in de Nationale Bank van België" in the Dutch version are repealed;
5° in § 5, paragraph 7, the sentence "The commission is in concert with the National Bank of Belgium. is repealed;
6° § 5, paragraph 11, is replaced by the following:
"The commission respects the strict confidentiality of commercially sensitive data and/or personal data. »
PART IV. - Amendment of the Act of 8 January 2012 amending the Act of 29 April 1999 on the organization of the electricity market and the Act of 12 April 1965 on the transport of gas and other products by pipelines
Art. 13. Section 105 of the Act of 8 January 2012 amending the Act of 29 April 1999 on the organization of the electricity market and the Act of 12 April 1965 on the carriage of gas and other products by pipeline is repealed.
PART V. - Confirmation of a Royal Decree under the Act of 29 April 1999 on the organization of the electricity market and the Act of 12 April 1965 on the transport of gas and other products by pipelines
Art. 14. The Royal Decree of 15 December 2011 setting the amounts for the financing of the operating costs of the Electricity and Gas Commission for the year 2012 is confirmed.
This provision produces its effects on 1^er January 2012.
PART VI. - Final provisions
Art. 15. Sections 5 and 10 apply to existing contracts notwithstanding any contractual provisions that contravene.
Art. 16. Except in respect of Articles 7 and 8, the date of entry into force of which is fixed by the King, and the provisions of which the date of entry into force is fixed by Article 14, this Act comes into force on the tenth day after its publication to the Belgian Monitor.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Split, August 25, 2012.
ALBERT
By the King:
Deputy Prime Minister
and Minister of the Interior and Equal Opportunities,
Ms. J. MILQUET
Deputy Prime Minister and Minister of Economy,
Consumers and the North Sea,
J. VANDE LANOTTE
The Secretary of State for Energy,
Mr. WATHELET
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) Session 2011/2012.
House of Representatives.
Documents. - Bill, 53-2320 - No. 1. - Amendment, 53-2320 - No. 2. - Report, 53-2320 - No. 3. - Text corrected by the commission, 53-2320 - No. 4. - Text adopted in plenary and transmitted to the Senate, 53-2320 - No. 5.
Full report. - 18 July 2012.
Senate.
Documents. - Project referred to by the Senate, 5-1760 - No. 1. - Report, 5-1760 - No. 2. - Decision not to amend, 5-1760 - No. 3.
Annales of the Senate. - 19 July 2012.
See also:
Senate.
Documents. - Project transmitted by the House of Representatives, 5-1761 - No. 1. - Report, 5-1761 - No. 2. - Text adopted in plenary and subject to Royal Assent, 5-1761 - No. 3.
Annales of the Senate. - 19 July 2012.