Law On Amendments To The Law Of 29 April 1999 On The Organisation Of The Market Of Electricity And Of The Act Of 12 April 1965 On The Transport Of Gaseous And Other Products By Pipelines (1)

Original Language Title: Loi portant modifications de la loi du 29 avril 1999 relative à l'organisation du marché de l'électricité et de la loi du 12 avril 1965 relative au transport de produits gazeux et autres par canalisations (1)

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Posted the: 2012-01-11 Numac: 2011011466 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES average and energy January 8, 2012. -Law on amendments of the law of 29 April 1999 on the organisation of the market of electricity and the Act of 12 April 1965 on the transport of gaseous and other products by pipelines (1) ALBERT II, 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.
It 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.
It also partially transposes Directive 2009/28/EC of the European Parliament and of the Council 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.
CHAPTER 2. -Changes of the Act of 29 April 1999 on the organisation of the market for electricity s.
2A article 2 of the Act of 29 April 1999 on the organisation of the electricity market, amended as last amended by the Act of March 16, 2007, the following changes are made: 1 ° item 4 ° is replaced by the following: "4 °"renewable energy": renewable non-fossil energy sources (wind, solar, geothermal, wave energy, tidal and hydropower. biomass, landfill gas, sewage treatment of sewage gas and biogas); »;
2 ° point 6 is replaced by the following: «6 ° 'transport': the transport of electricity on high-voltage and high-voltage network interconnected for the purposes of delivery to final customers or to distribution network managers, but not including supply;»
item 3 ° 7 ° is replaced by the following: ' 7 ° 'transport network': the national network of high-voltage and high-voltage electricity transmission interconnected to the delivery to final customers or to distribution network managers, but not including not the supply, which includes airlines, underground cables and exchanged from country to country-related electricity transmission facilities by an interconnection. the transmission of electricity exchanged by the producers, end-users and managers of distribution network established in Belgium, and the transmission of electricity exchanged on the network located in marine areas on which the Belgium may exercise its jurisdiction, as well as the interconnection between power plants and electricity networks; »;
4 ° to point 7 bis °, in the Dutch version of the text, the word "koppellijnen" is replaced by the word "interconnector";
5 ° 10 ° and 11 ° points are replaced by the following: "10 °"distribution": the transport of electricity on distribution networks at high, medium and low voltage for the purpose of supply to customers, but not including supply;
11 ° "distribution network manager": a natural or legal person designated by the competent regional authority responsible for the operation, maintenance and, if necessary, developing the distribution system in a given area and, where applicable, its interconnections with other networks, and responsible for ensuring the long-term ability of the system to meet a reasonable distribution of electricity demands; »;
6 ° point 13 ° is replaced by the following: ' 13 'customer' °: any final, intermediate and customer distribution network manager.» Any final client is an eligible customer; »;
7 ° to point 15 °, the word 'dealer' is replaced by 'distribution network manager. "
8 ° to point 15 ° ter, the words "and which provides commercial, technical or maintenance-related tasks these activities" are inserted between the words 'provision or the purchase of electricity, or several of these activities' and the words ', excluding final consumers. "
9 ° a new point 15 ° c, worded as follows, shall be inserted after point 15 ° ter: "15 ° c 'supply': the sale, including resale, of electricity to customers;"
10 ° to point 16 ° the word 'dealer' is replaced by 'distribution network manager. "
11 ° the points 16 bis °, 16 ° ter, 16 ° c and 16 ° d, written as follows, shall be inserted between 16 ° and 17 °: «16 ° bis "residential customer": a customer purchasing electricity for their own household use, which excludes activities business or profession;
16 ° ter "non-residential customer": a natural or legal person, including a producer and an intermediate purchasing electricity not intended for household use;
16 ° c 'residential protected customer': a final client with modest incomes or precarious situation, as defined by section 4 of the programme law of 27 April 2007 and benefiting from the protection of article 20, § 2;
16 ° d 'vulnerable customer': all residential protected customer within the meaning of point 16 ° c, so that any customer final considered vulnerable by the Regions; »;
item 12 ° 17 ° is replaced by the following: "17 ° 'direct line': an electricity line with a nominal voltage higher than 70 kV and linking isolated to a single customer production site, or an electricity line linking an electricity producer to an undertaking for the supply of electricity to supply directly their own premises, subsidiaries and clients eligible ';
13 ° point 19 ° is repealed;
14 ° item 20 ° is supplemented by the words "as well as any company associated with the meaning of article 12 of the Code of corporations.
15 ° in the Dutch text of 20 ° bis, the word "netbeheerder" shall be replaced by the word "Hele";
16 ° point 24 ° is replaced by the following: ' 24 ° 'Directive 2009/72/EC': 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 ';
17 ° points 24 bis ° to 24 ° d, written as follows, shall be inserted between 24 ° and point 25 °: ' 24 ° bis «Regulation (EC) no 714/2009»: Regulation (EC) no 714/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003;
24 ° ter ' Regulation (EC) no 713/2009»: Regulation (EC) no 713/2009 of the European Parliament and of the Council of 13 July 2009 establishing an agency for the cooperation of energy regulators;
24 ° c «ACER»: the Agency for the cooperation of regulators of energy established by Regulation (EC) no 713/2009;
24 ° d 'Directive 2009/28/EC': Directive 2009/28/EC of the European Parliament and of the Council 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; »;
18 ° point 27 ° is replaced by the following: ' 27 ° 'energy efficiency and/or demand management': a holistic or integrated aimed at influencing the importance and timing of electricity consumption in order to reduce primary energy consumption and load spikes, giving priority to investments in energy efficiency measures, or other measures, such as interruptible supply contracts. rather than investments to increase production capacity, if the first are the most effective and economical option taking into account the positive environmental impact of a reduction in the consumption of energy, as well as the security of supply and distribution cost aspects related; »;
19 ° to point 30 °, the word 'dealer' is replaced by 'distribution network manager. "
20 ° points 31 ° to 34 ° shall be repealed;
21 ° article is supplemented by items 41 ° to 50 °, worded as follows: ' 41 ° 'industrial closed network' (: a network within a site industrial, commercial or sharing of geographically limited services, intended primarily to serve end customers on this site, not supplying residential customers and in which: has) for specific reasons relating to the technical or safety. operations or the production process of the users of this network are integrated; or b) electricity is supplied primarily to the owner or Manager of the industrial firm network or undertakings related to them;
42 ° 'railway traction network': the electrical installations of the railway infrastructure manager necessary to the operation of the rail network, including processing and power distribution facilities electric traction service, safety, signalling, telecommunications, switches, and lighting, substations and catenary;
43 ° 'industrial closed network manager': natural or legal person owner of a closed industrial network or having the right to use such a network;
44 ° "user of industrial closed network".

': a final client connected to a closed industrial network;
45 ° 'auxiliary service': a service required for the operation of a transmission or distribution system;
46 ° 'tendering procedure': planned the procedure whereby additional requirements and replacement capacity are covered by supplies from new or existing production facilities;
47 ° 'electricity derivative': a financial instrument covered by the provisions which implement Annex Ire, section C, paragraphs 5, 6 and 7 of Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments, amending Directive 85/611 / EEC and 93/6/EEC of the Council and Directive 2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22 / EEC of When the instrument relates to electricity;
48 ° "unscheduled temporary or definitive cessation update": update the temporary or definitive cessation unscheduled in the development plan referred to in article 13 an installation for the production of electricity which is not the consequence of an accident and that prevents delivery in this facility after a delay of three times the length of the large maintenance;
49 ° "variable energy prices": the price of the component energetiquedans a variable contract that the supplier invoices to residential and SME end-users and which is indexed at regular intervals on the basis of a formula indexing agreed contractually (excluding network tariffs, taxes and charges);
50 ° 'SME': final consumers with an annual consumption of less than 50 MWh of electricity and less than 100 MWh of gas for all by end-users of their connection points transmission and/or distribution network. ».
S. 3. at article 3 of the same Act, replaced by the Act of May 6, 2009, the following amendments are made: 1 ° in the § 1, 1st paragraph is completed of the words "and in consultation with the commission."
2 ° to the § 1, paragraph 2, the words ", the commission" are repealed;
3 ° to the § 1, paragraph 2 is supplemented by the following sentence: 'The Department of energy may consult the representative players in the electricity market.';
4 ° the § 1 is supplemented by a paragraph 5, worded as follows: "the Department of energy established every two years, in collaboration with the federal Office of the Plan and in consultation with the commission, a supplementary report on the monitoring of security of supply in which the results of the monitoring of these issues are presented as well as any action taken or envisaged in this regard. This report is published at the latest on July 31 and shall immediately be communicated to the European Commission. »;
5 ° to § 2, 1 °, the words 'and of the offer' shall be inserted between the words "application" and the words "electricity in the medium and long term."
6 ° to § 2, 1 °, the words "means of production" are replaced by the words "in new ways."
7 ° § 2, 2 °, is supplemented by the words 'for the purposes of holding account international commitments Belgium in reducing emissions and production of energy from renewable sources;';
8 ° § 2 is supplemented by the points 5 ° and 6 ° worded as follows: «5 ° it provides recommendations based on the findings in § 2, 1 ° to 4 °. Network Manager takes into account these recommendations in making his plan of development referred to in article 13;
6 ° it analyses the opportunity to use the tendering procedure laid down by article 5. »;
9 ° to § 3, the first sentence is supplemented by the words "as well as to the European Commission.
S.
4. at article 4 of the Act, as amended by the Act of May 6, 2009, following modififications are made: 1 ° in § 2, point 3 ° is supplemented by the words ', the contribution of production capacity to the achievement of the overall objective of the European Union established by the Directive 2009/28/EC as well as the contribution of the production capacity to the emission reduction';
2 ° § 2, point 4 °, the word ', economic' shall be inserted between the words "technical capabilities" and the words "and financial";
3 ° to § 2, point 5 ° is replaced by the following: '5 ° the obligations of public service, including regularity and quality of electricity supplies;';
4 ° § 2 is supplemented by points 6 ° and 7 °, worded as follows: "(6) the protection of health and safety of the public;
7 ° the capacity of the facility to participate in auto ancillary services of primary adjustment of frequency and automatic secondary adjustment of the balance of the Belgian control area. »;
5 ° § 3 is supplemented by a point 4 ° as follows: ' 4 ° the procedures to be followed in the event of transfer of production facilities built and put into service prior to the entry into force of this Act or in the event of change of control, merger or Division of the owners of production facilities built and put into service prior to the entry into force of this Act. ";
6 ° article is supplemented by a § 5, worded as follows: ' ' § § 5 5 For new installations of production whose production approval holder has not produced the previous year, alone or with facilities of companies which are related, more than 5% of the share of production in the Belgian control area, for as much as they do not fall within the scope of article 7 or regional equivalent mechanisms for electricity from renewables or quality cogeneration the price for compensation of the imbalances quarter schedule less than 125 MWh, based on nominations, is equal to the reference price of the market, to which is applied a correction factor to the first seventy days of injection on the network programmed by the holder of the authorization of production and nominated to the network manager. This correction factor is arrested by the commission in application of article 12, to encourage new plants referred to in this subparagraph. Transitionally, until the commission stops the supra correction factor, this last factor corresponds to the minimum tariff penalty applicable to the imbalance as laid down by the commission in application of article 12. For the year 2011, this measure will produce its effects regardless of the date of the first injection of the new plant on the network during this year. ».
S.
5. in the same Act inserted an article 4A as follows: «art.» 4bis. § 1. For the purposes of ensuring security of electricity supply as well as the security of the network, the permanent or temporary installation of electricity shut off not programmed into the target development plan article 13 is subject to an obligation of prior information to the Minister, the commission and the network manager 15 months calendar prior to the actual date of permanent or temporary shutdown. The obligation of prior notification of the shutdown is required for any installation of electricity, that it has received a prior individual authorisation in accordance with article 4.
§ 2. After receiving the opinion of the commission and the network manager, the King may fix, by Decree deliberated in the Council of Ministers, the procedure for prior information referred to the § 1, including as regards the form and the means of information. ».
S. 6a article 5 of the same Act, replaced by the law of June 1, 2005, the following changes are made: 1 ° § 2, 1 °, is replaced by the following: "1 ° the inadequacy between the production and the evolution of the demand for electricity in the medium and long term, taking into account the prospective study and particularly the commitments of the Belgium in reduction of greenhouse gas emissions greenhouse and production of energy from. from renewable sources; »;
2 ° in § 4, paragraph 1, the words ', after the opinion of the commission, "are inserted between the word"determine"and the words"the terms ';
3 ° in § 4, paragraph 1 is supplemented by a point 4 °, as follows: "4 ° respect for tender cases submitted by the bidders of the criteria laid down in article 4 and its execution decrees. ''
»;
4 ° in § 4, paragraph 2, the words 'established by the Directorate-General of energy' shall be inserted between the words "The specification" and the words "may contain incentives."
5 ° it is inserted a § 4A as follows: "§ 4A.» The terms of the tendering procedure are being published in the Official Journal European Union at least six months before the closing date of the tender.
The specification is made available for any company concerned, established on the territory of a Member State of the European Union, so that it can dispose of sufficient time to present an offer.
To ensure transparency and non-discrimination, the book loads contains a detailed description of the specifications of the market and the procedure to be followed by all tenderers and the award of the contract, including incentives. »;
6 ° § 5 is replaced by the following: "§ § 5 5.» After obtaining the opinion of the authorities consulted in the procedure of article 4, the Minister shall designate, on the basis of the criteria referred to in article 4, paragraph 2, the applicant

selected following the call for tenders. This designation applies individual authorisation for the production of electricity within the meaning of article 4. »;
7 ° article is supplemented by a § 6 worded as follows: ' ' § § 6 6 The energy branch is responsible for the Organization, monitoring and control of the tendering procedure referred to the § § 1-5. In this context, the Directorate General of energy takes all necessary measures to ensure the confidentiality of the information contained in the tenders. ».
S. 7. at section 7 of the Act, as amended by the law of December 22, 2008, the following changes are made: 1 ° the § 1, 1 °, is supplemented by the following sentence: "certificates granted to electricity production from wind facilities in marine areas on which the Belgium may exercise its jurisdiction in accordance with international maritime law and subject to a Crown grant referred to in article 6 do not benefit from the obligation of redemption. at a minimum price above that provided that the electricity produced by these installations and giving right to the granting of certificates either directly injected on the transport network.
»;
2 ° it is inserted a § 1bis as follows: "§ 1st bis." In function including the conditions of best technology practices, the redemption price of electricity and the cost of financing, the commission establishes annually a report for future projects, on the cost-effectiveness of the minimum price of the above redemption obligation by the Manager of the network of green certificates granted by federal and regional authorities. This report is submitted to the Minister and is published on the commission's website.
Where appropriate, the commission may deliver an opinion on the appropriateness of amending the royal decree deliberated in the Council of Ministers referred to above in relation to the height of this minimum price. »;
3 ° to § 3, paragraph 1, the words 'the King lays down the procedures for the calculation of the output gap on a proposal from the transmission system operator and on the opinion of the Committee, including the manner in which the cost is integrated in the tariffs of network manager' shall be replaced by the words "the commission shall fix, on a proposal from the transmission system operator. the modalities for the calculation of the output gap, including the manner in which the cost is integrated in the tariffs of network manager ';
4 ° § 3, 1 °, is supplemented by the words 'when the market reference price is positive or has increased by 10% when the market reference price is negative;';
5 ° § 3, 2 °, is completed of the words "when the reference price of the market is positive or decreased by 10% when the market reference price is negative.'.
S. 8 A section 8 of the Act, as amended by the Act of June 1, 2005, the following changes are made: 1 ° to the § 1, paragraph 3 is replaced by the following: "has this effect, Network Manager is responsible, inter alia, the following tasks: 1 ° ensure long-term transport network capacity and respond to reasonable requests of electricity transmission. operate, maintain and develop a network of safe, reliable and efficient transport, under economically acceptable conditions, paying all due attention to the respect for the environment. The development of the transport network covers the renewal and extension of the network and is studied in the context of the elaboration of the development plan;
2 ° ensure a power grid safe, reliable and efficient and, in this context, ensure the availability and implementation of all necessary ancillary services insofar as this availability is independent any other transmission system with which its system is interconnected. Ancillary services include services provided in response to the request and the emergency services in the event of production units, including units based on renewable energies and quality cogeneration. For the activation of the means of production necessary to ensure the balance of the adjustment range, the network manager prefers the use of a transparent market platform.
The network manager obtains the energy it uses to cover energy losses and maintain a reserve capacity in the system according to procedures that are transparent, non-discriminatory and based on market rules;
3 ° to contribute to adequate security of supply through a transport capacity and reliability of the network;
4 ° managing the flow of electricity on the network taking into account exchanges with other interconnected systems and, in this context, the coordination of the appeal of production facilities and determining the use of interconnectors to ensure a permanent balance of the flow of electricity resulting from the offer and demand for electricity;
5 ° ensure the coordination of the call to the production facilities and determining the use of interconnectors based on objective criteria approved by the commission. These criteria take into account: has) of economic precedence of electricity from the production facilities available or transfers through interconnection, as well as technical constraints weighing on the network;
(b) the priority to be given to production facilities that use renewable energy, to the extent permitted by safe transport network management and sources on the basis of transparent and non-discriminatory criteria, as well as the facilities that produce heat and electricity combined. The King, after receiving the opinion of the commission and in consultation with the Regions, can specify the criteria to be met by a generation facility that uses renewable energy sources to be able to take advantage of this priority and the technical and financial conditions to be applied by the Manager of the network in this area;
(c) minimization of the erasure of the electricity produced from renewable energy sources;
(d) of the priority, for reasons of security of supply, production plants using combustible indigenous sources of primary energy, within a limit of 15% of the total quantity of primary energy necessary to produce the electriciteconsommee in Belgium in a calendar year;
6 ° providing to the operator of any other system interconnected with its network with sufficient information to ensure the safe and efficient operation, coordinated development and interoperability of the interconnected system;
7 ° to ensure non-discrimination among users or classes of users of the network, particularly in favour of its related or associated companies;
8 ° provide the users of the network of the information they need for efficient access to the network;
9 ° collect revenue from congestion management and payments made in respect of the compensation mechanism between managers of transport network in accordance with article 13 of Regulation (EC) no 714/2009;
10 ° grant and manage access of third parties to the transport network and specify the grounds for refusal of such access;
11 ° publish planning, operating and safety standards used, including a general plan for the calculation of the total capacity of transfer and the margin of reliability of transport from the electrical and physical characteristics of the network;
12 ° establish and publish procedures for transactions restrictions that can be applied in a nondiscriminatory manner in case of emergencies, as well as the methods of compensation, including concepts and basic methods for determining the responsibilities in the event of breach of these obligations, applicable in the event of such restrictions;
13 ° publish all relevant data relating to the availability, accessibility and utilization of the network, including a report on the places and the causes of congestion, as well as on the methods applied to manage congestion and projects concerning its future management.
14 ° publishing a general description of the method of managing congestion applied in different circumstances for maximising the capacity available on the market, as well as a plan for calculating the capacity of interconnection for various maturities, based on the electrical and physical characteristics of the network;
15 ° establish, at the latest within 18 months following the publication of the Act of the... on amendment of the Act of 29 April 1999 on the organisation of the market of electricity and of the Act of 12 April 1965 on the transport of gaseous and other products by pipelines, a report in stages on the conditions necessary to ensure the balance of the adjustment range. After consultation with the relevant market players, the Manager of the network address this report, in which are determined explicitly feasibility preconditions for the establishment of the platform referred to in point 2 ° to the Federation of Belgian electricity and gas companies, the commission and the Minister.
16 ° to ensure that when their final customers connected to the transmission network or direct-dial want to change provider, without questioning and observing the length and the terms of their contracts, this change is carried out within a period of maximum three weeks. »;
2 ° it is inserted a § 1bis worded as follows is added: «§»

1bis. in the context of the tasks referred to the § 1, Network Manager works in the first place to facilitate the integration of the market.
To this end, the network manager shall coordinate with the managers of transport network nearby of Northwest Europe, namely the Netherlands, the Luxembourg, the France and Germany, as well as with other relevant European network managers, for the implementation of a method and a common procedure coordinated congestion management for allocations of capacities with one year maturity a month and a day. The network manager ensures that this coordination covers all stages of the process, from capacity calculation and optimization of the allocation to the safe operation of the network, with a distribution of responsibilities, and that it includes: a) the use of a common transport model for effectively managing flows of interdependent and taking physical closure account discrepancies between physical flows and trade flows;
b) allocation and capacity reservation in the context of effective management of interdependent physical loop flows;
(c) identical obligations for holders of capabilities in the provision of information on the use that they plan to make capacity allocated to them, i.e. the capacity (for the explicit auctions) reservation;
(d) deadlines and identical closing dates;
(e) identical structure for the allocation of capacity among different maturities and in terms of blocks of capacity sold (amount of electricity expressed in MW, MWh, etc.);
(f) consistent contractual framework with market operators;
g) verification of flows to ensure compliance with the security requirements of the network for purposes of operational planning and operating in real time;
h) accounting and settlement of congestion management measures.
The Manager of the network publishes also all relevant data concerning cross-border trade on the basis of the best possible forecast and all useful data provided by the operators of the market. Network Manager publish at least the following data: a) annually: information on the long-term network evolution and its impact on the cross-border transmission capacity;
b) each month: forecast one month and one year of transport capacity available to the market, taking into account all relevant information available to the network manager at the time of the calculation of the forecast (for example, the effect of the seasons on the capacity of lines, maintenance activities on the network, availability of production units) );
(c) each week: the forecast for a week of transport available capacity the market, taking into account all relevant information available to the network manager at the time of the calculation of the forecast, such as weather forecasts, planning for maintenance of the network, availability of production units, etc.;
d) daily: transport capacity to one day and Intraday at the disposal of the market for each unit of time of the market, taking into account all bookings in one day on a net basis, from production to one day programs, the demand forecasts and network maintenance planning;
(e) total capacity already allocated, by market time unit, and all relevant conditions under which this capacity may be used (for example, the equilibrium price auctions, the obligations concerning the modalities of capacity utilization, etc.), in order to identify any remaining capacity;
f) capacities attributed, as soon as possible after each allocation, as well as an indication of the price paid;
g) total capacity used per unit of time of the market, immediately after booking;
(h) near real-time: commercial and physical flows made, on an aggregated basis, by market time unit, including a description of the effects of any corrective measures taken by the Manager of the network (for example, the restriction of transactions) to troubleshoot network or system;
(i) ex-ante information relating to planned downtime and the ex-post information for the previous day for planned absences and unexpected production units with a capacity greater than 100 MW).
The network manager shall also promote energy efficiency. To this end, it uses deletion and implements meters or Smart grids. Under smart meters, network manager makes an economic assessment long term of all the costs and benefits of these counters for the market and for final customers connected to the transmission network, individual by December 31, 2012.
The network manager annually submit to the Minister a report on the measures taken to promote energy efficiency on the transport network.
The network manager cooperates in the exercise of its missions with the ACER, at the request of the latter. It also cooperates with the European network of transmission system operators transmission of electricity for the development of the network codes and other tasks referred to in article 8 of Regulation (EC) no 714/2009 and in accordance with article 12, paragraph 3 of the same regulation. »;
3 ° to § 2, paragraphs 1 and 2 shall be replaced by the following: "the network manager may, in accordance with its purpose, exercise, on Belgian territory or outside, any other activity, without prejudice to the provisions of article 9, § 1.» As to consultation with the Regions, the network manager may operate a combined transmission and distribution system and thus to carry out activities such as services for the operation, maintenance, improvement, renewal, extension and/or networking of local, regional, transport and/or supply a voltage of 30 kV to 70 kV level. It can engage in those activities, including commercial, directly or through participations in, companies or public associations or private bodies, existing or to be created.
These activities can be exercised directly or through outlets of participation, unless they have no negative impact on the independence of the transmission system operator or the fulfilment of the tasks assigned to him by law. »;
4 ° to § 2, a paragraph worded as follows is inserted between paragraphs 2 and 3: ' the Network Manager communicates these activities directly or through catches of participation, as well as each change y relating to the commission. ';
5 ° to § 2, the last subparagraph is replaced by the following: "network manager establishes rules of commitments that contain measures to be excluded any discriminatory practices and ensure that its application is subject to appropriate follow-up. These rules enumerate the specific obligations imposed on members of staff to achieve this objective. A person responsible for the follow-up of rules of undertakings within the Network Manager provides annually to the commission a report outlining the measures taken. This report is published by the network manager. ».
S. 9A section 9 of the Act, replaced by the law of June 1, 2005, the following changes are made: 1 ° in the § 1, paragraph 1, the following sentence is inserted after the first sentence: "It meets the conditions referred to in article 524 of the companies Code.";
2 ° to the § 1, paragraph 1, the words "production in the area of Belgian setting within the limits of power of its needs in terms of ancillary services and" are inserted between the words "in production or sale of other electricity activities that ' and the words 'sales necessitated by its coordination activity ';
3 ° to the § 1, paragraph 1 is supplemented by the following sentences: "when it engages in activities in the area of setting Belgian within the limits of power of its needs in terms of auxiliary services, the network manager is subject to the rates approved in application of article 12 as well as the provisions of article 12quinquies. In this context, it values of auxiliary services it performs in accordance with articles 12 and 12quinquies. Electricity produced in this context by the network manager may be marketed. Network Manager uses as a last recourse in the form of drawing rights negotiated, in productive activities in the area of setting Belgian within the limits of power of its needs in terms of auxiliary after approval by the commission services and after having implemented before all procedures of appeal to the market applicable.
»;
4 ° the § 1, paragraph 2, is complemented with words "as well as in such natural gas undertakings as defined by the law of 12 April 1965 on the transport of gaseous and other products by pipelines. Regards distribution network managers, this paragraph is without prejudice to the provisions of article 8, § 2. »;
5 ° the § 1 shall be supplemented by the following paragraphs: 'electricity companies.

or natural gas, as defined by the law of 12 April 1965 on the transport of gaseous and other products by pipelines, may hold only or jointly, directly or indirectly, any part of the capital of the network manager or no action by the network manager. The actions of these companies can be combined with a right to vote.
The statutes of the network manager and shareholder agreements may grant rights to companies, directly or indirectly, in the production or the supply of electricity and/or natural gas.
Companies, directly or indirectly, in the production or the supply of electricity and/or natural gas cannot appoint the members of the Administrative Committee of the Executive Committee, the Governance Committee of business, the audit committee, of the Committee for compensation and any other body legally representing the network manager.
The same physical person is not allowed to be a member of the Council of supervision, the Board of directors or bodies legally representing the undertaking, and simultaneously of an undertaking performing the following functions: production, or supply of electricity and the electricity transmission network manager. »;
6 ° it is inserted a § 10bis reading as follows: "§ 10bis.". The King may, by royal decree deliberated in the Council of Ministers, appoint two representatives of the federal Government from two different linguistic roles on the Board of Directors of the network manager. These government representatives sit in an advisory.
Representatives of the Government can in addition, within a period of four working days, appeal to the Minister against all decisions of the Board of Directors which they consider contrary to the guidelines of the general policy of the Government with regard to the security of energy supply of the country. This four day period runs from the day of the meeting during which the decision was taken, if the representatives of the Government there were regularly invited, and, otherwise, from the day where the representatives of the Government or one of them learned of the decision.
The appeal is suspensive.
If the Minister has not cancelled the decision concerned within a period of eight working days after the appeal, it becomes final.
The second paragraph is also applicable to the budget the Board of Directors shall establish in each fiscal year.
Representatives of the Government are not paid. ».
S.
10. article 9A, § 1, of the Act, inserted by the law of 14 January 2003, is supplemented by two paragraphs worded as follows: 'securities optionally held by active enterprises, directly or indirectly, in the production or the supply of electricity and/or natural gas, are not accompanied by voting.
The statutes of subsidiaries of the network manager and shareholder agreements may grant rights to companies, directly or indirectly, in the production or the supply of electricity and/or natural gas. ».
S. 11A article 9ter of the Act, inserted by the law of June 1, 2005 and amended by the Act of May 6, 2009, the following amendments are made: 1 ° point 1 is replaced by the following: "1 ° the requirements for independence of members of staff and the Steering Committee of the network with respect to network users and intermediaries Manager ';
2 ° to point 2 °, the words "and other confidential data" shall be inserted between the words "business data" and the words "relating to the users of the network '.
3 ° to point 4 °, the words «12 12novies» are replaced by «12quinquies 12 ';
4 ° to point 4 °, the words "to conciliation or arbitration in accordance with the regulation referred to in article 28" are replaced by the words "the House of the disputes referred to in article 29.'.
S.
12. in the same Act, it is inserted an article 9quater, worded as follows: «art.» 9quater. § 1. The network operator shall preserve the confidentiality of commercially sensitive information which he has knowledge in the performance of its activities and prevent information about its activities which may be commercially advantageous from being disclosed in a discriminatory manner.
The network manager fails to transfer the abovementioned information to active companies, directly or indirectly, in the production and/or supply of electricity.
It also refrains from transfer its personnel to such undertakings.
Network Manager, when it sells or buys electricity to an electricity company, operates not abuse commercially sensitive information obtained from third parties in their access to the network or the negotiation of access to the network.
The information necessary for effective competition and the functioning of the market are made public. This obligation is without prejudice to the protection of the confidentiality of commercially sensitive information.
».
S. 13 A section 10 of the same Act, as amended by the law of 14 January 2003, the following changes are made: 1 ° the § 1 is supplemented by the following three subparagraphs: ' until a company is designated as the network manager, she is certified in accordance with the procedure referred to the § 2B.»
The identity of the designated network manager shall be communicated to the European Commission.
The network manager permanently designated prior to the publication of the Act of the... on amendment of the Act of 29 April 1999 on the organisation of the market of electricity and of the Act of 12 April 1965 on the transport of gaseous and other products by pipelines is deemed certified. The commission may at any time open a certification procedure. »;
2 ° to § 2, 1 °, the words ', without prior certification, ' shall be inserted between the words 'significant change' and the words 'in the shareholding of the network manager.
3 ° § 2 is supplemented by a point 3 ° as follows: «3 ° absence of certification of the Manager of the network in accordance with the procedures laid down in the § § 2B and 2 c of this article. ';
4 ° § 2 is supplemented by two paragraphs worded as follows: "the Minister may revoke the Ministerial Decree of designation of the Network Manager after consultation of the commission and after having heard the network manager.
Five years before the expiry of its mandate, the network manager may seek renewal of its designation. »;
5 ° it is inserted a § 2A, a § 2B and a § 2 worded as follows: "§ 2A.» Prior to any transaction that would justify a re-evaluation of how it conforms to the requirements laid down in articles 9 to 9B, the network manager shall notify the commission of its intention to undertake this transaction. Such transactions can proceed with certification according to the procedure laid down by the § 2B. In case of conclusion of a transaction that would justify reassessment of the way in which the network manager shall comply with the requirements laid down in articles 9 to 9B without prior certification, the commission shall cause the network manager to comply with these requirements by virtue of § 2B. The network manager is revoked failing regularization following this procedure.
Notification at any moment to the commission of the abandonment of the transaction concerned makes the procedure of certification referred to the § lapsed 2B.
§ 2B. The commission shall ensure ongoing compliance by the transmission system operator of the requirements laid down in articles 9 to 9B. It opens a certification procedure for this purpose: has) when a network manager candidate requested to the commission;
(b) in the case of notification on the part of the Manager of the network in application of § 2A;
(c) on its own initiative, when it has knowledge that a planned change powers or influence on the network manager may cause an offence the provisions of sections 9 to 9B, or when there are grounds to believe that an offence could be committed; or d) on a reasoned request from the European Commission.
The commission shall inform the Minister of the opening of a procedure of certification as well as the Manager of the network when it acts on its own initiative or on a reasoned request from the European Commission.
The request for certification of a Manager candidate of the network as well as a network manager notification referred to in paragraph 1, b), is carried out by registered letter with acknowledgement of receipt and mentions all the useful and necessary information. Where appropriate, the commission asks the manager network candidate or to the Manager of the network to transmit further information within a period of thirty days from the request.
When acting on its own initiative or on a reasoned request from the European Commission, the commission mentions in his letter the breaches alleged the provisions laid down in articles 9 to 9B or relayed the motivation of the European Commission.
After appropriate invited the network manager to respond, within a period of thirty days, the shortcomings that it presumes or motivation of the Commission, the commission shall adopt a draft decision on the certification of the transmission system operator

in the four months following the date of application of the network manager candidate, the date of the notification of the network manager, the date where it has informed the Minister, when it acts on its own initiative, or the date of the request of the European Commission. The certification is deemed granted at the end of this period. Draft express or implied of the commission decision becomes final only after the conclusion of the procedure laid down in paragraphs 6 ° to 9 °.
The commission shall notify without delay to the European Commission its draft decision explicit or implied relating to the certification of the Manager of the network, accompanied by all relevant information relating to the draft decision. The European Commission shall formulate an opinion in accordance with the procedure laid down in article 3 of Regulation (EC) no 714/2009.
After having received notice either express or implied, of the European Commission, the commission makes and forward it to the Minister as soon as possible and at the latest within one month of the opinion of the European Commission, final certification, reasoned decision as regards compliance with the requirements of sections 9 to 9B. The commission takes the utmost account in its decision in the opinion of the European Commission. The decision of the commission and the opinion of the European Commission are published together in the Moniteur belge.
The above certification procedure becomes null and void when: has) the transaction notified to the commission in application of § 2A is aborted; or b) Network Manager make good the shortcomings that led to the initiation of the procedure of certification by the commission and/or the European Commission.
The commission and the European Commission may require the Manager of network and businesses active in the production or supply of electricity, all information useful for the fulfilment of their tasks in accordance with this paragraph. They shall preserve the confidentiality of commercially sensitive information.
§ 2. When the certification is requested by an owner or a manager of transport network over which one or several persons from one or several third countries exercise control, the commission shall inform the European Commission.
The commission shall notify also without delay to the European Commission any situation which would have the effect that one or several members of one or more third countries acquire control of a network of transport or a transport network manager.
Prior to its conclusion, the network manager shall notify the commission of any transaction that would have the effect that one or several persons of one or more third countries acquire control of the network transport or network manager.
Such a transaction can proceed with certification pursuant to this paragraph.
In case of conclusion of the transaction without certification, the commission highlights remains Manager of the network to comply with the requirements of sections 9 to 9B under this subsection. The network manager is revoked failing regularization following this procedure.
Notification at any moment to the commission of the abandonment of the proposed transaction makes the obsolete procedure for certification of this paragraph.
The Committee adopted a draft decision on the certification of the transmission system operator within four months from the date of notification to which it has carried out. She refuses to grant the certification if it has not been demonstrated: has) that the entity concerned complies with the requirements laid down in articles 9 to 9B; and (b)) that the granting of certification will not risk the security of energy supply of the Belgium and the European Union. When considering this issue, the commission takes into account: 1 ° the rights and obligations of the EU under international law with respect to that country, including any agreement concluded with one or several third countries to which the European Union is a party and which deals with the issue of security of energy supply;
2 ° the rights and obligations of Belgium with respect to that third country arising under agreements concluded with it, insofar as they comply with the law of the Union; and 3 ° of other particular facts and circumstances of the case and the third country concerned.
The commission shall notify without delay to the European Commission its draft decision, as well as all relevant information is y related.
Before finally making its decision, the commission requests the opinion of the European Commission to see if: has) the entity concerned complies with the requirements laid down in articles 9 to 9B; and (b) the granting of the certification does not risk the security of energy supply of the European Union.
The European Commission examines the request upon receipt.
Within two months of receipt of the request, it shall deliver its opinion to the commission.
For the preparation of its opinion, the European Commission may request the opinion of ACER, the Belgian State and the interested parties. In the case where the European Commission made such a request, the period of two months is extended by two additional months.
If the European Commission does not notice during the period referred to in paragraphs 8 and 9, it is deemed not have raised any objections to the draft decision of the commission.
The commission has a period of two months after expiry of the time limit referred to in paragraphs 8 and 9 to adopt its final decision regarding the certification. To do this, the commission shall take as possible account of the opinion of the European Commission. In any case, the commission has the right to refuse to grant the certification if it endangers the security of the energy supply of the Belgium or the security of energy supply of another Member State.
The final decision of the commission and the opinion of the European Commission are published together. When the final decision differs from the opinion of the European Commission, the commission provides and publishes the motivation of this decision with the decision. ».
S.
14. in the same Act, it is inserted an article 11bis, as follows: «art.» 11bis. Manager of the network, upon which a royal decree of declaration of public utility has taken, may, upon request and within the limits of this order as well as in consultation with the Regions and communes concerned, be allowed by the King to continue on behalf of the State but at its own expense the necessary expropriations for the whole of the transport network that it manages. The emergency procedure provided for in articles 2 and 20 of the Act of 26 July 1962 the extreme urgency procedure for expropriation for public utility is applicable to such expropriation. ».
S. 15. article 12 of the same Act, as last amended by the Act of 21 December 2007, is replaced by the following: «art.» 12 § 1. Connection, use infrastructure and electrical systems and, where appropriate, ancillary Network Manager services subject to rates for the management of the network transport and networks which have a transport function.
The notion of networks with a transport function aims, on the one hand, the transport network and, on the other hand, distribution networks, local or regional transport with a voltage level between 30kV and 70kV used mainly for the delivery of electricity to non-residential customers and other networks established in Belgium, as well as the interaction between production facilities of electricity and electrical networks that have a transport function.
§ 2. After structured, documented and transparent consultation with the Manager of the network, the commission establishes the tariff methodology that should use this handler for the establishment of its tariff proposal.
The precise tariff methodology including: (i) the definition of the categories of costs which are covered by tariffs;
(ii) the categories of costs to which relates, if any, incentive regulation;
(iii) the rules of evolution over time of the categories of costs referred to in (i), including the method for the determination of the parameters set out in devolution formulas;
(iv) rules of allocating costs to categories of users of the network;
(v) the general tariff and the tariff components.
Consultation with the network manager is under an agreement between the commission and the Manager said. Failing agreement, the consultation was held at least as follows: 1 ° the commission sends to the network manager the convocation of the meetings referred to in § 2, paragraph 1, as well as the documentation for the points made to the agenda of these meetings within a reasonable time prior to such meetings.
The convening mentions the place, date and time of the meeting, and points to the agenda.
2 ° following the meeting, the commission shall prepare a draft of minutes of the meeting containing the arguments put forward by the various parties and the points of agreements and disagreements recorded that it transmits to the network manager for approval within a reasonable time after the meeting.
3 ° within a reasonable time following receipt of the minutes of the commission approved by the parties, the network manager shall send the commission its formal opinion on the methodology

tariff resulting from this consultation, highlighting any possible points remaining disagreements.
Notwithstanding the foregoing provisions, the tariff methodology can be established by the commission according to a specified procedure by mutual agreement with the Manager of the network on the basis of an explicit, transparent and non-discriminatory agreement.
§ 3. The commission shall notify the House of representatives his project of tariff methodology, completeness of documents relating to the consultation with the Manager of the network as well as all documents that it considers necessary to the motivation of its decision on the methodology tariff, while preserving the confidentiality of commercially sensitive information regarding suppliers or users of the network personal data and/or data whose confidentiality is protected under specific legislation.
The commission publishes on its website the applicable tariff methodology, completeness of documents relating to the consultation with the network manager and all documents as it deems useful to the motivation of its decision on tariff methodology, while preserving the confidentiality of commercially sensitive information providers or users of the network, personal data and/or data whose confidentiality is protected under specific legislation.
§ 4. Tariff methodology specified under § 3 and applicable to the establishment of the tariff proposal is communicated to the Network Manager no later than six months before the date on which the tariff proposal must be lodged with the commission. The changes shall be reasoned.
This tariff methodology remains in effect throughout the tariff period, including the closing of the balances at this time. Changes to the tariff methodology during the period, in accordance with the provisions of § 2 shall apply only from the following tariff period, except explicit agreement transparent and non-discriminatory between the commission and the network manager.

§ 5. The commission shall establish the tariff methodology in compliance with the following guidelines: 1 ° the tariff methodology should be comprehensive and transparent, so as to allow the network manager to establish its tariff proposal on that basis alone. It includes elements that must be included in the proposed tariff. It defines the report templates for use by the Manager of the network;
2 ° the tariff methodology required to cover efficiently all costs necessary or effective for the execution of the legal or regulatory obligations which shall be borne by the transmission system operator as well as for the exercise of his activity as networking and transport networks which have a transport function.
3 ° the tariff methodology fixed the number of years of the regulatory beginning January 1.
The annual rates that result are determined pursuant to the tariff methodology for this period;
4 ° the tariff methodology allows balanced transport network development and networks having a transport function, in accordance with the development plan of the Manager of the network referred to article 13 and plans of such investment where appropriate approved by the competent authorities;
5 ° any rejection of certain costs criteria are non-discriminatory and transparent;
6 ° tariffs are non-discriminatory and proportionate. They meet a transparent allocation of costs;
7 ° the pricing structure promotes the rational use of energy and infrastructure;
8 ° the different rates are uniform on the territory served by the network of the transmission system operator;
9 ° the normal remuneration of the capital invested in regulated assets must enable the network manager to make the investments necessary to the exercise of its tasks.
In the case of differential treatment of capital, or durations of depreciation between network managers, the difference shall be duly substantiated by the commission;
10 ° to compensate for imbalances in the Belgian control area services are provided in the most effective way in terms of costs and provide the users of the network of the incentive appropriate elements so that they balance their injection and their removal. Rates for these services are equitable, non-discriminatory and based on objective criteria;
11 ° the net costs of the public service tasks imposed by this Act, decree or Ordinance and their orders of execution, are taken into account in the tariffs transparent and non-discriminatory manner, in accordance with the laws and regulatory provisions applicable;
12 ° the taxes as well as taxes and contributions of any kind, and the overload imposed by this Act and its enforcement decrees, decree or Ordinance and their execution orders are added to rates of transparent and non-discriminatory manner, taking into account the legislative and regulatory provisions applicable;
13 ° the purchases of goods and services made in compliance with the legislation on public procurement are deemed to be made at the market price, subject, where appropriate, at the discretion of the commission and with respect, for auxiliary services, provisions of article 12quinquies;
14 ° the methodology determines the modalities for integration and control of the stranded costs constituted by loads of supplementary pension or of the public sector pension capitalised, paid to agents who provided an activity regulated transmission or transmission-oriented, due to years prior to liberalization under the statutes, collective work or other sufficiently formal conventions approved before April 30, 1999, or paid to their privies or reimbursed to their employer by a network manager, which can be integrated into rates;
15 ° balances as well as their allocations for the periods following regulatory are determined in a transparent and non-discriminatory;
16 ° objective differences between managers of the transport network and which cannot be eliminated at the initiative of the transmission system operator are taken into account.
Any decision using comparison techniques incorporates qualitative parameters and is based on homogeneous, transparent, reliable and published or fully releasable data in the motivation of the decision of the commission.
The reasonableness of the costs is appreciated by comparison with the corresponding costs of companies with similar activities in similar circumstances, taking into account the regulatory specificities or regulatory in international comparisons;
17 ° units of production rates for the use of the transport network or networks with a transport function can be differentiated according to the technology of these units and their date of commissioning. These rates are determined taking into account any criteria considered relevant by the commission, such a benchmarking with neighbouring countries, in order not to endanger the security of supply of the country by a loss of competitiveness of the production units concerned. In the tariff proposal accompanied by budget referred to in § 8, the network manager motivates these differentiations;
18 ° productivity efforts eventually imposed on the network manager can endanger, short or long term, the safety of persons or property or the continuity of the provision;
19 ° the subsidies cross between regulated and unregulated activities is not permitted;
20 ° rates encourage the network manager to improve performance, to foster the integration of the market and security of supply as well as to conduct the research and development necessary for its activities;
21 ° rates for the emergency power to quality cogeneration installations connected to the transport network or networks with a transport function include ancillary services rates.
These tariffs are mainly the electricity consumption for the purposes of relief and maintenance of cogeneration plants.
22 ° for extensions of facilities or new transmission facilities recognized as of national or European interest, the tariff methodology referred to in paragraph 2 may include specific provisions on the remuneration of the capital necessary to finance them more favorable than the normal remuneration of the capital referred to in § 5, 9 °, as well as covering the costs to promote their realization and to allow their long-term development.
Are recognized as being of national or European interest investments by the network manager that contribute to security of supply of the country and/or the optimization of operation of interconnections transboundary, including the installation of phase shifting transformers, thus facilitating the development of national and European internal market or which contribute to the national home of production from renewable energy sources that it is connected directly to the network

transport or indirectly via distribution networks. Investments of interest national or European focus on facilities that:-strengthen existing links or create new links in the network handles by the Manager of the network using the technology of direct current (DC);
-strengthen existing links or create new links managed by the network manager in the marine areas over which the Belgium has jurisdiction;
-strengthen existing linkages or create new cross-border interconnections or result from expansion of capacity of these interconnections;
23 ° the costs referred to in points 11 °, 12 ° and 14 °, financial charges, the costs of ancillary services as well as costs other than those referred to in paragraph 2 (ii) are not subjected to incentive regulation;
24 ° rates are intended to provide a balance between the quality of the services provided and prices paid by final consumers.
The commission can control the costs of the transmission system operator on the basis of legislative and regulatory provisions applicable.
§ 6. The network manager establishes the tariff proposal in respect of the tariff methodology established by the commission and introduced it in respect of the procedure for the introduction and approval of tariffs.

§ 7. The commission examines the tariff proposal, decides the approval of and communicate its reasoned decision to the network manager in respect of the procedure for the introduction and approval of tariffs.
§ 8. The procedure of introduction and approval of tariff proposals subject of an agreement between the commission and the network manager. Failing agreement, the procedure is as follows: 1 ° the network manager shall submit, within a reasonable time before the end of the last year of each period ongoing regulatory, its tariff proposal accompanied by the budget for the period following regulatory in the form of the report model determined by the commission in accordance with § 5;
2 ° the tariff, together with the budget proposal, is transmitted in three copies by hand with acknowledgement of receipt to the commission. The Manager of the network also transmits an electronic version on which the commission may if necessary rework the tariff proposal accompanied by budget;
3 ° within a reasonable time following receipt of the tariff proposal together with the budget, the commission confirms to the Manager of the network, by letter by hand with acknowledgement of receipt, as well as electronic mail, that the record is complete or it sent him a list of the additional information it will provide.
Within reasonable following receipt of the above-mentioned letter in which additional information was requested, the Network Manager passes this information to the commission in triplicate by letter by carrier with acknowledgment of receipt. The Manager of the network also transmits an electronic version of responses and additional information to the commission;
4 ° within a reasonable time following receipt of the tariff proposal referred to the 2 ° or, where appropriate, within a reasonable time following receipt of responses and additional information of the transmission system operator referred to in 3 °, the commission shall inform the network manager by letter by carrier with acknowledgment of receipt, of its decision for approval or its draft decision of refusal of the tariff proposal accompanied by the concerned budget.
In its decision of refusal of the accompanied by tariff proposal of the budget draft, the commission indicates in a manner motivated the points that the network manager must adapt in order to obtain a decision of approval of the commission. The commission is empowered to require the transmission system operator to amend its tariff proposal to ensure that it is proportionate and applied in a non-discriminatory manner;
5 ° If the commission denies tariff proposal accompanied by a manager of the network's budget in its draft decision of refusal of the accompanied by tariff proposal of the budget, the network manager can communicate its objections on this matter to the Committee within a reasonable time following receipt of the draft decision.
These objections are transmitted to the commission by carrier with acknowledgment of receipt, as well as in electronic form.
The network manager is heard, at his request, by the commission, within a reasonable time after receipt of the draft decision of refusal of the tariff proposal accompanied by budget.
Where appropriate, the network manager shall submit, within a reasonable time following receipt of the draft decision of refusal of the tariff proposal accompanied by the budget, to the commission, by carrier with acknowledgment of receipt in triplicate its appropriate tariff proposal accompanied by budget. Network Manager shall also provide an electronic copy to the commission.
Within a reasonable time following the sending by the commission on the draft decision of refusal of the tariff with budget proposal or, where appropriate, within a reasonable time after receipt of the objections as well as the appropriate tariff proposal together with the budget, the commission shall inform the Manager of the network, by letter by hand with acknowledgement of receipt, as well as electronically of its decision of approval or a decision of refusal of the tariff proposal accompanied by budget.
6 ° If the network manager does not his obligations within the time limits referred to in points 1 ° to 5 °, or if the commission took the decision of refusal of the tariff proposal accompanied by budget or adapted tariff proposal accompanied by appropriate budget, interim rates shall apply until all the objections of Manager network or the commission are exhausted or until an agreement is reached between the commission and the Manager of the network on the contentious issues. The commission is empowered, after consulting with the Manager of the network, to adopt appropriate compensatory measures when the final tariffs deviate from these interim rates;
7 ° in the case of passage of new services and/or adaptation of existing services, the network manager can submit an updated for the approval of the commission in the period tariff proposal regulatory. This updated tariff proposal takes into account the proposed tariff approved by the commission, without altering the integrity of the existing tariff structure.
The present proposal is introduced by the network manager and processed by the commission in accordance with the procedure applicable, as referred to in 1 ° to 6 °, being understood that the time limits referred are reduced by half;
8 ° if exceptional circumstances occur during a period regulatory independently of the will of the network manager, may at any time of the period regulatory submit for the approval of the commission a request reasoned revision of its tariff proposal, with regard to the subsequent years of the term regulatory.
Reasoned request for the revision of the tariff proposal is introduced by the network manager and processed by the commission under the procedure referred to in items 1 ° to 6 ° outlined above, on the understanding that the time limits referred are reduced by half;
9 ° the commission shall, without prejudice to its ability to control costs with the legal and regulatory provisions applicable, the level of overload practised by the Manager of the network to all amendments to the public service obligations, including regional, which apply at the latest within three months of the transmission by the Manager of the network of such changes. The network passes these amendments to the commission in the best time as soon as they are entered into force;
10 ° the commission publishes on its website, in a transparent manner, the State of the procedure for adoption of the tariff proposals so that, where appropriate, the tariff proposals filed by the network manager.
§ 9. the commission establishes the tariff methodology and its tariff jurisdiction so as to foster a stable and predictable regulation contributing to the proper functioning of the free market, and allowing the financial market to determine with reasonable certainty the value of the network manager. It ensures the continuity of the decisions it has taken during the periods prior regulatory, including assessment of regulated assets.

§ 10. The commission exercises its jurisdiction rate taking into account the policy of energy as defined in the legislation and the European, federal and regional regulations.

§ 11. For the sake of transparency in the impact of the costs to the final customer, the various elements of the rate of network are distinguished on the invoice, in particular as regards the public service obligations and their content.
§ 12. The accounting of the network manager is held according to a plan accounting analytical uniform by activity, established on a proposal from the transmission system operator and approved by the commission, or, in the absence of proposal before October 1, 2011, established by the commission in consultation with the network manager.
§ 13.
The commission shall publish within three working days of their approval and maintains on its website the

rates and their motivation, while preserving the confidentiality of commercially sensitive information providers or users of the network, personal data and/or data whose confidentiality is protected under specific legislation.
The network manager shall, as soon as possible, the users of its network rates it must apply and makes available to all who request them. It shall communicate also in the shortest delays on its Internet site, with a calculation module specifying the practical application of tariffs. Applied rates may not have retroactive effect.
§ 14. The tariff methodology established by the commission, as well as decisions on the tariff proposals made by it pursuant to this tariff methodology may be appealed by any person establishing an interest in the Court of appeal of Brussels in application of article 29bis.
Such an action may in particular be introduced when:-the commission's decision does not meet the guidelines referred to in this article;
-the decision of the commission does not respect the General energy policy such as defined in the legislation and the European, federal and regional regulations;
-the decision of the commission does not guarantee the necessary means for the realization of the investments of the network manager and maintenance in the State of the infrastructure or the performance of its legal mission. ».
S. 16. article 12 bis of the same Act, inserted by the law of 24 December 2002, is replaced by the following: «art.»
12bis. § 1. The connection, use infrastructure and electrical systems and, where appropriate, ancillary distribution network managers subject to rates for distribution network management, with the exception of the networks having a function of transport covered by article 12.
§ 2. After consultation with the regional regulators and structured, documented and transparent consultation with the distribution network managers, the commission establishes the tariff methodology to be used by these managers for the preparation of their tariff proposals.
The precise tariff methodology including: (i) the definition of the categories of costs which are covered by tariffs;
(ii) the categories of costs to which relates, if any, incentive regulation;
(iii) the rules of evolution over time of the categories of costs referred to in (i), including the method for the determination of the parameters set out in devolution formulas;
(iv) rules of allocating costs to categories of users of the network;
(v) the general tariff and the tariff components.
Consultation with the managers of distribution network is under an agreement between the commission and original managers. Failing agreement, consultation is required at least as follows: 1 ° the commission sends to the distribution network managers, in the language of the distribution system operator, the convocation of the meetings referred to in paragraph 1 as well as the documentation for the points made to the agenda of these meetings in a reasonable prior to such meetings. The convening mentions the place, date and time of the meeting, and points to the agenda.
2 ° following the meeting, the commission shall draw up a draft minutes of meeting with the arguments advanced by the various parties and the points of agreement and disagreement found; It shall forward that report for approval, managers of distribution network in a reasonable time after the meeting.
3 ° within a reasonable time following receipt of the minutes of the commission approved by parties, distribution system operators, if necessary after to be concerted, send to the commission their resulting from this consultation formal tariff methodology view, highlighting where appropriate any remaining disagreements, both in relation to the proposal of the commission between them.
Notwithstanding the foregoing provisions, the tariff methodology can be established by the commission according to a specified procedure by mutual agreement with the managers of distribution network on the basis of an explicit, transparent and non-discriminatory agreement.

§ 3. The commission shall notify the House of representatives his proposed tariff methodology, completeness of documents relating to consultation with managers of network of distribution as well as all documents that it considers necessary to the motivation of its decision on tariff methodology, while preserving the confidentiality of commercially sensitive information regarding suppliers or users of the network personal data and/or data whose confidentiality is protected under specific legislation.
The commission publishes on its website the applicable tariff methodology, completeness of the parts relating to consultation with the distribution network managers and all documents as it considers useful to the motivation of its decision on tariff methodology, while preserving the confidentiality of the information commercially sensitive regarding suppliers or users of the network, the data personal data privacy is protected under specific legislation.

§ 4. Tariff methodology specified under § 3 and applicable to the establishment of the proposed tariff is communicated to the Manager of the distribution network no later than six months before the date on which the tariff proposal must be lodged with the commission. The changes shall be reasoned.
This tariff methodology remains in effect throughout the tariff period, including the closing of the balances at this time. Changes to the tariff methodology during the period, in accordance with the provisions of § 2 shall apply only from the following tariff period, unless explicit, transparent and non-discriminatory agreement between the commission and managers of distribution network.
§ 5. The commission shall establish the tariff methodology in compliance with the following guidelines: 1 ° the tariff methodology should be comprehensive and transparent, so as to enable distribution network managers to establish their tariff proposals on that basis alone. It includes elements that must be included in the proposed tariff. It defines the report templates to be used by managers of distribution network;
2 ° the tariff methodology required to cover efficiently all costs necessary or effective for the execution of the legal or regulatory obligations imposed on network operators of distribution, as well as for the exercise of their activities;
3 ° the tariff methodology fixed the number of years of the regulatory beginning January 1. The annual rates that result are determined pursuant to the tariff methodology for this period;
4 ° the tariff methodology allows the balanced development of distribution networks, in accordance with the different distribution network managers investment plans, such as approved, where appropriate, by the competent regional authorities;
5 ° any rejection of certain costs criteria are non-discriminatory and transparent;
6 ° tariffs are non-discriminatory and proportionate. They meet a transparent allocation of costs;
7 ° the pricing structure promotes the rational use of energy and infrastructure;
8 ° the different rates are uniform on the territory served by the Manager of the distribution network;
9 ° the normal remuneration of the capital invested in regulated assets must allow distribution network managers to make the investments necessary for the performance of their duties;
10 ° the net of the missions of public service costs imposed by law, decree or order and their orders of execution and not funded by taxes, fees, contributions and surcharges referred to 11 ° are taken into account in a transparent and non-discriminatory in accordance with legislative and regulatory tariffs applicable;
11 ° the taxes as well as taxes and contributions of all kinds, and the overload imposed by law, decree or Ordinance and their execution orders are added to rates automatically and within the periods prescribed by the procedure of introduction and approval of tariffs. The commission can control these costs with the legislative and regulatory provisions applicable;
12 ° the purchases of goods and services made in compliance with the legislation on public procurement are deemed made at the market price, subject, where appropriate, at the discretion of the commission.
13 ° the methodology determines the modalities for integration and control of the stranded costs constituted by loads of supplementary pension or of the public sector pension capitalised, paid to agents who provided a regulated electricity distribution business, due for the years prior to liberalization under the statutes, collective work or other sufficiently formal conventions approved before

April 30, 1999, or paid to their holders rights or reimbursed to their employer by a distribution network manager, which can be integrated into rates;
14 ° for the determination of positive or negative balances which it decides the allocation for the period following regulatory, the commission sets out the costs referred to 10 °, 11 ° and 13 ° and costs other than those referred to in paragraph 2 (ii) of this section which shall be recovered or in rates of the next period.
15 ° subject to the control of conformity of commission rates allow distribution network manager whose effectiveness lies in the middle of the market to recover all of its costs and a normal return on capital. Any method of controlling costs based on comparison techniques must take account of objective differences between managers of distribution network and which can be eliminated at the initiative of the latter.
Any decision using comparison techniques incorporates qualitative parameters and is based on homogeneous, transparent, reliable and published or fully releasable data in the motivation of the decision of the commission.
Any comparison with other network managers is conducted between companies with similar activities and operating in similar circumstances;
16 ° the tariffs for the use of a network of distribution, applicable to production units, can be differentiated according to the technology of these units and their date of commissioning. These rates are determined taking into account any criteria considered relevant by the commission, such a benchmarking with neighbouring countries, in order not to endanger the security of supply of the country by a loss of competitiveness of the production units concerned. In the tariff proposal accompanied by budget referred to in § 8, the distribution network manager motivates these differentiations;
17 ° productivity efforts eventually taxed at distribution network managers can jeopardize short or long term the security of persons or property and continuity of supply;
18 ° the subsidies cross between regulated and unregulated activities is not permitted;
19 ° rates encourage distribution network managers to improve performance, to promote the integration of the market and the security of supply and to conduct the research and development necessary for their activities, taking particular account of their approved such investment plans, where appropriate, by the competent regional authorities;
20 ° costs covered by items 10 °, 11 ° and 13 ° as well as the costs other than those referred to in paragraph 2 (ii) are subject to decisions based on comparison methods, or to an incentive regulation;
21 ° rates are intended to provide a balance between the quality of the services provided and prices paid by final consumers;
The commission can control the costs of managers of distribution network based on the legislative and regulatory provisions applicable.
§ 6. Distribution network managers establish their tariff proposals in respect of the tariff methodology established by the commission and introduce them in the respect of the procedure for the introduction and approval of tariffs.
§ 7. The commission examines the tariff proposal, decides the approval of and communicate its reasoned decision to the Manager of distribution network in respect of the procedure for the introduction and approval of tariffs.
§ 8. The procedure of introduction and approval of tariff proposals subject of an agreement between the commission and managers of distribution network. Failing agreement, the procedure is as follows: 1 ° the distribution network manager submits, within a reasonable time before the end of the last year of each period current regulatory, its tariff proposal accompanied by the budget for the period following regulatory in the form of the model report established by the commission in accordance with § 5;
2 ° accompanied by tariff proposal of the budget is passed in three copies by hand with acknowledgement of receipt to the commission.
Manager of distribution network also transmits an electronic version on which the commission may, if necessary rework the tariff proposal accompanied by budget;
3 ° within a reasonable time following receipt of the tariff proposal together with the budget, the commission confirms the Manager of distribution network, by letter by hand with acknowledgement of receipt, as well as electronic mail, that the record is complete or it sent him a list of the additional information it will provide.
Within reasonable following receipt of the above-mentioned letter in which additional information was requested, the distribution network manager passes this information to the commission in triplicate by letter by carrier with acknowledgment of receipt. Manager of distribution network also transmits an electronic version of responses and additional information to the commission;
4 ° within a reasonable time following receipt of the tariff proposal referred to the 2 ° or, where appropriate, within a reasonable time following receipt of the answers and information manager of distribution network referred to 3 °, the commission shall inform the Manager by letter by carrier with acknowledgment of receipt, of its decision for approval or its draft decision of refusal of the tariff proposal accompanied by the concerned budget.
In its decision of refusal of the accompanied by tariff proposal of the budget draft, the commission indicates in a manner motivated the points distribution network manager must adapt in order to obtain a decision of approval of the commission. The commission is empowered to require the transmission system operator to amend its tariff proposal to ensure that it is proportionate and applied in a non-discriminatory manner;
5 ° If the commission denies tariff proposal accompanied by the Manager of distribution network's budget in its draft decision of refusal of the accompanied by tariff proposal of the budget, the Manager can communicate its objections on this matter to the Committee within a reasonable time following receipt of the draft decision.
These objections are transmitted to the commission by carrier with acknowledgment of receipt, as well as in electronic form.
Distribution network manager is heard, at his request, within a reasonable time after receipt of the draft decision of refusal of the accompanied by tariff proposal of the budget by the commission.
Where appropriate, the distribution system operator submits, within a reasonable time following receipt of the draft decision of refusal of the tariff proposal accompanied the budget to the commission by carrier with acknowledgment of receipt in triplicate its appropriate tariff proposal accompanied by budget. Manager of distribution network also delivers an electronic copy to the commission.
Within a reasonable time following the sending by the commission on the draft decision of refusal of the accompanied by tariff proposal of the budget or, where appropriate, within a reasonable time after receipt of the objections as well as accompanied by appropriate tariff proposal of the budget, the commission shall inform the Manager of distribution network, by letter by carrier with acknowledgment of receipt , as well as by electronic means, of its decision of approval or a decision of refusal of the proposed tariff, if appropriate, accompanied by budget;
6 ° If the distribution network manager does not his obligations within the time limits referred to in points 1 ° to 5 °, or where the commission has taken the decision of refusal of the tariff proposal accompanied by budget or accompanied by the concluded estimates adapted tariff proposal, interim rates are applicable until all the objections of Manager distribution network or of the commission are exhausted or until an agreement is reached between the commission and the Manager of distribution network on the contentious points. The commission is empowered, after consulting with the Manager of distribution network, to adopt appropriate compensatory measures when the final tariffs deviate from these interim rates;
7 ° in the case of passage of new services and/or adaptation of existing services, the distribution system operator may submit a tariff proposal updated for the approval of the commission in the period regulatory. This updated tariff proposal takes into account the proposed tariff approved by the commission, without altering the integrity of the existing tariff structure.
The updated proposal is introduced by the distribution network manager and processed by the commission in accordance with the procedure applicable, as referred to in 1 ° to 6 ° outlined above, on the understanding that the time limits referred are reduced by half;
8 ° if exceptional circumstances occur during a period regulatory independently of the will of the distribution system operator, may at any time of the period regulatory submit for the approval of the commission a request reasoned revision of its tariff proposal, with regard to the subsequent years of the term regulatory.

Reasoned request for the revision of the tariff proposal is introduced by the distribution network manager and processed by the commission under the procedure referred to in items 1 ° to 6 °, being understood that the time limits referred are reduced by half;
9 ° the commission shall, without prejudice to its ability to control costs on the basis of the legal and regulatory provisions applicable rates for managers of distribution network to all amendments to the public service obligations, including regional, which apply to them at the latest within three months of the transmission by managers of distribution network of such changes. Distribution system operators shall transmit these changes to the commission in the best time after their entry into force;
10 ° the commission publishes on its website, in a transparent manner, the State of the procedure for adoption of the tariff proposals so that, where appropriate, the tariff proposals filed by the network manager.
§
9. The commission establishes the tariff methodology and its tariff jurisdiction so as to foster a stable and predictable regulation contributing to the proper functioning of the free market, and allowing the financial market to determine with reasonable certainty the value of distribution network managers. It ensures the continuity of the decisions it has taken during the periods prior regulatory, including assessment of regulated assets.
§ 10.
The commission exercises its jurisdiction rate taking into account the policy of energy as defined in the legislation and the European, federal and regional regulations.
§ 11. For the sake of transparency in the impact of the costs to the final customer, the various elements of the rate of network are distinguished on the invoice, in particular as regards the public service obligations and their content.
§ 12. Accounting distribution network managers is held under a summary chart of accounts uniform by activity, on proposal of one or more managers of distribution network representing at least septante-cinq per cent of enterprises engaged in the same business, and approved by the commission, or, failing proposal before October 1, 2011, established by the commission after consultation with the distribution network managers.
§ 13. The commission shall publish within three working days of their approval and maintains on its website rates and their motivation, while preserving the confidentiality of commercially sensitive information regarding suppliers or users of the network, personal data and/or data including confidentiality is protected under specific legislation.
Distribution system operators shall, as soon as possible, users of their networks tariffs they should apply and shall make it available to all who request them. They communicate them also in the shortest time limits on their Internet site, with a calculation module specifying the practical application of the rates. Applied rates may not have retroactive effect.
§ 14. The tariff methodology established by the commission, as well as decisions on the tariff proposals made by it pursuant to this tariff methodology may be appealed by any person establishing an interest in the Court of appeal of Brussels in application of article 29bis.
Such an action may in particular be introduced when:-the commission's decision does not meet the guidelines referred to in this article;
-the decision of the commission does not respect the General energy policy such as defined in the legislation and the European, federal and regional regulations;
-the decision of the commission does not guarantee the necessary means for the realization of investment of distribution network managers or the performance of their legal tasks. ».
S. 17. article 12B of the Act, inserted by the law of June 1, 2005, is replaced by the following: «art.» 12B. commission motivates and fully justifies and detail its decisions in tariff matters, both at the level of methodologies tariff with tariff proposals, in order to allow judicial review. Where a decision is based on grounds of economic or technical nature, motivation takes all elements which justify this decision.
When these decisions are based on a comparison, motivation includes all the data taken into account for this comparison.
Under its duty of transparency and motivation, the commission shall publish on its Internet site, scope individual or collective acts adopted in performance of its tasks pursuant to articles 12 to 12quinquies, as well as any preparatory act, expert comment by consulted parties report y related.
It ensures that advertising by preserving the confidentiality of commercially sensitive information and/or personal data. The commission shall establish to this end, after consultation of the electricity undertakings, guidelines identifying the information falling within the scope of confidentiality.
The commission attached to its final act a comment justifying the taking into account of the comments made by the parties consulted. ».
S. 18. article 12quater of the Act, inserted by the law of June 1, 2005 and as last amended by the Act of 16 March 2007, is replaced by the following: «art.» 12quater. § 1.
The royal decree of 8 June 2007 laying down rules for fixing and control total income and fair margin the general tariff structure, the balance between the costs and revenues and the basic principles and procedures for proposal and approval of rates, the report and the control of the costs by the Manager of the national network of electricity transmission and the royal decree of 2 September 2008 on to the rules pricing and control of revenue total and margin fair, the general tariff structure, the balance between costs and revenues and the basic principles and procedures for proposal and approval of tariffs, the report and the cost containment by managers of electricity distribution networks, as confirmed by the law of 15 December 2009 on confirmation of various Royal orders made under Act of 29 April 1999 on the organisation of the market of electricity and of the Act of 12 April 1965 on the transport of gaseous and other products by pipelines are repealed.

§ 2. As a transitional measure, the commission can extend the rates existing at the date of publication of the Act of January 8, 2012, amending Act of 29 April 1999 on the organisation of the market of electricity and of the Act of 12 April 1965 on the transport of gaseous and other products by pipelines or take other transitional measures that it deems relevant following the entry into force of the aforementioned law until the adoption of tariff methodologies in application of articles 12 and 12A. When it makes use of this paragraph, the commission takes into account guidelines article 12, § 5, as well as article 12bis, § 5. ».
S.
19. article 12quinquies of the Act, inserted by the law of June 1, 2005, is replaced by the following: «art.» 12quinquies. § 1. The prices offered by providers of ancillary services on the transport network are sufficiently attractive to ensure short-term and long-term supply to the network manager. The network manager obtains these ancillary services according to procedures that are transparent, non-discriminatory and based on market rules. The network manager annually inform the commission and the Minister, on the basis of a report with supporting documents, on the prices that are offered to him for the provision of ancillary services and on the actions it has undertaken, pursuant to article 234 of the royal decree of 27 June 2001 laying down technical regulations for the management of the electricity transmission network and access to it. It integrates, where appropriate, a proposal for a recovery of the auxiliary services carried out through the means of production that it holds under article 9, § 1. This valuation demonstrates the positive impact in terms of prices and volumes of such ancillary services.
On the basis of the report of the Manager of the network, the commission shall, in accordance with article 4 of the royal decree of 11 October 2002 concerning the obligations of public service in the electricity market, a report indicating expressly and reasoned way if the prices offered for the provision of ancillary services are patently unreasonable or not. The reasoned report is communicated to the Minister and to the network manager within 60 working days of the receipt of the report referred to in paragraph 1.
When the commission report notes that prices are patently unreasonable or at the request of the Manager of the network, the King may, after receiving the opinion of the commission and upon proposal by the Minister, on behalf of the security of supply, through a binding decision to impose

a public service obligation covering the volume and the prices of services auxiliary to the producers on the Belgian control area. The commission shall take account of this decision for the approval of the rates for the network manager.
The measure cannot exceed a period of two years, subject to an annual report of the commission.
§ 2. Slices of electricity which can be called the network manager to form auxiliary services necessary for the execution of its missions are fixed by 1 MW for primary, secondary and tertiary reserve supply. ».
S.
20. articles 12sexies to 12novies of the Act, inserted by the Act of June 1, 2005, are repealed.
S. 21. article 13, § 3, of the Act, as last amended by the Act of May 6, 2009, is supplemented by a paragraph worded as follows: "the Minister may also ask the commission of is sə on the need to revise or the tariff methodologies laid down in application of article 12 to ensure funding of proposed investments. ''
S. 22. at article 15 of the Act, as amended by the Act of June 1, 2005, the following changes are made: 1 ° the § 1, paragraph 2, is replaced by the following: "the network manager may deny access to the network where it lacks the necessary capacity. The network manager can also deny access to the network when this access would prevent the proper performance of a service obligation public dependant in the general economic interest and insofar as the development of trade is not affected to an extent which would be contrary to the interests of the European Community. The interests of the community include, inter alia, competition with regard to eligible customers in accordance with Directive 2009/72/EC and article 106 of the Treaty on the functioning of the European Union.
The refusal must be duly reasoned and justified, having regard in particular to the public service obligations pursuant to article 21, and based on objective criteria, technically and economically based.
In case of contradiction with the technical requirements laid down in the technical regulations, the network manager can conditioning access to compliance with these requirements.
The network manager shall inform without delay the commission its reasoned decision of refusal of access. »;
2 ° § 3, repealed by Act of June 1, 2005, is restored in the following wording: "§ § 3 3» Customers connected to the transmission network have the right to contract simultaneously with several suppliers. ».
S. 23. at article 17 of the same Act, as amended by the Act of May 6, 2009, the following amendments are made: 1 ° to § 2, the last sentence is replaced by the following sentence: "the granting of authorisation shall be subject to a refusal of access to the transport network or the absence of an offer for the use of a distribution network to economic and technically reasonable conditions. , after consultation with the network manager.
»;
2 ° article is supplemented by a § 4 worded as follows: "the possibility of supplying electricity through a direct line does not prejudice the right of customers connected to the direct line to conclude a contract in accordance with articles 15 and 18.".
S.
24 A section 18 of the Act, as amended by the Act of June 1, 2005, the following changes are made: 1 ° the words "§ 1.» are added before paragraph 1;
2 ° to the new § 1, paragraph 1, 1 °, the words 'or hotlines"are inserted between the words «through the transport network» and «by intermediaries and suppliers."
3 ° to the new § 1, paragraph 1, 2 °, is supplemented by the words ', including transaction and adjustment. "
4 ° to the new § 1, paragraph 2 (2), the words "as well as supply of customers who do not have the quality of eligible customer" are repealed;
5 ° to the new § 1, paragraph (2) is complemented by a new point 3 ° as follows: «3 ° the applicant's ability to meet the needs of its clients.»;
6 ° a paragraph, worded as follows, shall be inserted between paragraphs 2 and 3 of the new § 1: 'the granting of an authorization under the first subparagraph takes into account provision authorisations issued by the regions or other States members of the European economic area.';
7 ° in the new § 1, paragraph 4, 2 °, has), is supplemented by the words ", in a manner understandable and as these data are easily comparable to the level of the transport network."
8 ° to the new § 1, new paragraph 4, 2 °, is completed with a point c) as follows: ' c) information concerning their rights in channels of dispute resolution at their disposal in case of dispute. "
9 ° to the new § 1, a new paragraph worded as follows shall be inserted after the new paragraph 4: "as regards points a) and b) above in relation to electricity obtained via an electricity exchange or imported from an enterprise located outside the community, aggregate figures provided by the Exchange or the undertaking in question over the past year can be used.".
»;
10 ° to the new § 1, paragraph 6 new, the words "and comparability" shall be inserted between the words "of the reliability check' and the words ' information ';
11 ° to the new § 1, paragraph 6 new, 'paragraph 3' shall be replaced by the words 'paragraph 4 ';
12 ° article is supplemented by the § § 2, 3 and 4, worded as follows: ' ' § § 2 2 Suppliers and intermediaries shall provide to their end customers all relevant data concerning their consumption.
Suppliers and intermediaries shall ensure a high level of protection of their end customers connected to the transport, notably as regards the transparency of the terms and conditions of contracts, General information and dispute settlement mechanisms.
Suppliers apply to final customers the rates approved in accordance with sections 12 to 12quinquies and mention in a clear and detailed manner on their invoices the amount of each constituent part of the final price.
§ 3. Suppliers and intermediaries shall optimise the use of electricity from their end customers connected to the transmission network by providing, inter alia, energy management services.

§ 4. Suppliers and intermediaries are available to federal authorities, including Commission, Council of competition and the Commission European, for the purpose of performing their duties, for a period of five years, the relevant data relating to all transactions involving contracts for the supply of electricity to customers connected to the transmission network or electricity derivatives entered into with intermediaries connected to the transport network and the Manager of transport network.
Data include information on the characteristics of the relevant transactions, such as rules to the duration, delivery and liquidation, quantity, date and time of execution, the price of the transaction and the way to identify the intermediary concerned, as well as the required information concerning all electricity supply contracts and electricity derivatives outstanding.
The commission may establish some of these data available to the players in the market, provided that is not disclosed commercially sensitive, confidential information and/or personal, on market or transactions actors determined. This paragraph does not apply to information about financial instruments which fall within the Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments, amending the Directives 85/611 / EEC and 93/6/EEC of the Council and Directive 2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22 / EEC of such as transposed into Belgian law. When the authorities referred to in paragraph 1 need access to data held by entities covered by the Directive preceding, these entities provide the requested data.
The European Commission adopted guidelines in accordance with article 40(4) of the Directive 2009/72/EC. This paragraph applies to transactions involving derivative instruments on electricity between vendors and intermediaries, on the one hand, and intermediaries and the Manager of the network, on the other hand, on the basis of these guidelines. ».
S. 25. in the same Act, it is inserted an article 18bis, as follows: «art.» 18bis. § 1. Any physical or legal person owner or having the right of use on a network meet the criteria of an industrial firm network connected exclusively to the transport network, of which the nominal voltage is greater than 70 kilovolts and as defined in article 2, 41 °, may declare this network to the commission and to the Minister within a period of six months following the publication of the Act of January 8, 2012, amending the law of 29 April 1999 on to the organisation of the market of electricity and of the Act of 12 April 1965 on the transport of gaseous and other products by pipelines and commit to compliance with the provisions applicable to him under this Act. By this statement, it acquires the quality

industrial closed network manager. The Directorate-General of energy checks, after receiving the opinion of the commission and the network, the technical conformity of the declared industrial closed network manager with the transport network. to this end, industrial closed network manager provides, within six months of his statement, the Directorate-General of energy proof of the technical compliance of its industrial closed network with the transport network. A copy of this report is addressed to the Manager of the network as well as the commission.
The Minister may confer, after opinion of the Committee and the Manager of the network, the quality of industrial closed network manager to the physical or legal person owner or having the right of use on a network meet the criteria of an industrial firm network exclusively connected to the transport network, including the nominal voltage is greater than 70 kilovolts and as defined in article 2 41 °, which upon request after the publication of the Act of January 8, 2012 amending Act of 29 April 1999 on the organisation of the market of electricity and of the Act of 12 April 1965 on the transport of gaseous and other products by pipelines and complies with the criteria laid down by the law of 29 April 1999 on the organisation of the electricity market.
The Directorate-General of energy publishes and updates on its website the list of managers of industrial closed networks.
§ 2. By way of derogation from the provisions of this Act and in particular its articles 8 to 10, 12 to 12quinquies, 18 and 22, managers of industrial closed networks are required to the following obligations: has) any manager of industrial closed network forbears, in the context of this function, of discrimination between users of its industrial closed network;
(b) any Manager industrial firm network provides to users of its industrial closed network the right to get their electricity from the suppliers of their choice and to change providers, in respect for the duration and the terms of their contracts, within a maximum period of three weeks. Any user of an industrial firm network may mandate the Manager of this network to exercise, in his name and for his account eligibility. To be valid, this mandate must be made expressly and be reviewed by contract period;
(c) any manager of industrial closed network modalise connection and access to this network by contract with the industrial firm network users. These contracts specify inter alia: 1 ° the minimum technical requirements of design and operation of installations connected to the industrial firm network, the maximum power to the connection and the characteristics of the supplies provided;
2 ° commercial terms the industrial closed network connection and access to it;
3 ° the conditions of break of the connection for non-respect of contractual commitments or to the security of the industrial firm network.
These contracts must be transparent and non-discriminatory. They also provide that the commission is competent in cases of dispute by a user of the industrial firm network of the tariffs applied on this network. Any decision of the commission in the matter may be appealed to the Court of appeal of Brussels in application of article 29bis.
The conclusion of these contracts is conditioned by the implementation of the user of the network closed industrial closed industrial;
(d) any manager of industrial closed network delivers users to the industrial firm network that it manages: 1 ° a detailed and clear billing based on their consumption or own injections and tariff principles and/or the above rates in this article;
2 ° a fair distribution, on their bills, extra costs applied to freight invoices, in respect for the principles of each extra cost;
3 ° the communication of relevant data of their consumption and/or injections so that necessary information for efficient access to the network;
(e) any manager of industrial closed network shall preserve the confidentiality of commercially sensitive information of the users of its network of which he has knowledge in the context of its activities, except any legal obligation to disclose information;
(f) any manager of industrial closed network demonstrates the technical compliance of its network with the relevant provisions of the technical regulations in application of article 11, including that relating to connection;
(g) any manager of industrial closed network operates and maintains its network by ensuring, given the characteristics of the industrial firm network, to ensure its safety, reliability and effectiveness, in acceptable economic conditions, respect for the environment and energy efficiency.
§ 3. By derogation from the provisions of this Act and particularly of its articles 12 to 12quinquies, any manager of industrial closed network so that any manager of closed distribution network, provided that the relevant regional provisions implement a closed distribution network apply for connection, access and ancillary services applicable to this network of tariff principles and/or rates that meet the following guidelines: 1 ° the tariff principles and/or tariffs are non-discriminatory, based on costs and a reasonable profit margin.
2 ° the tariff principles and/or rates are transparent: they are developed based on their settings and are communicated in advance by Manager industrial closed network or the closed network distribution to users of the network and the relevant regulators.
3 ° the rate applied by the Manager of the closed industrial network or distribution to users of this network covers the cost of access, connection, auxiliary services so that, where appropriate, costs related to the overloads that industrial or distribution firm network incurs to use the transmission or distribution system to which it is connected. The industrial firm Network Manager is likened to users of the network other than managers of distribution network for the application of the rates charged by the network manager to the Manager of the industrial firm network;
4 ° the amortisation periods and margins are chosen by Manager industrial closed network or distribution in the range between the values that it applies in its main line of business and those applied in distribution networks;
5 ° tariff principles regarding the connection, its strengthening and renewal of the network equipment depend on the degree of socialization or individualization of investments, site-specific taking into account the number of users of the industrial firm network or distribution.
§ 4. Cases of mixed closed networks, the voltage level involves both federal and regional jurisdiction subject to consultation. ».
S.
26. in the Act, it is inserted an article 18ter as follows: «art.» 18ter. provisions concerning an industrial closed network such as mentioned in article 18bis are applicable to railway traction network, insofar as no other regulation is provided in the law of 4 December 2006 on the use of the railway infrastructure. » Art.
27. article 19, § 1, of the Act is repealed.
S. 28 A section 20 of the Act, as amended by the Act of 20 July 2005, the following changes are made: 1 ° in the § 1, the words "and for the share of electricity supply to distributors for supplying final customers lacking the quality of eligible customer" are repealed;
2 ° in § 4, "not having the quality of eligible customer" shall be replaced by the word "final".
S. 29. in the same Act, it is inserted an article 20bis as follows: «art.» 20bis. § 1. In order to carry out the check provided for in § 3, the commission shall establish for each provider, for any contract-type variable, as well as any new contract-type, and in consultation with them, within two months of the publication of the Act of January 8, 2012, amending Act of 29 April 1999 on the organisation of the market of electricity and of the Act of 12 April 1965 on the transport of gaseous and other products by pipelines a database to record the methodology for the calculation of the variable energy prices, including the indexing formulas and parameters they use.
For this purpose, the commission may request additional information as part of its mission.

§ 2. The variable price of energy for the supply of electricity to residential and SME end customers can be indexed at least four times a year, each time the first day of a quarter.
Within three working days after indexing, suppliers publish for variable price of energy contracts, the indexing formulas concerned for the supply of electricity to residential customers on their internet site, as well as any changes made to these forms.

§ 3. Within five days of each indexing, which occurs after the registration of the variable prices of energy in accordance with the § 1, each supplier provides to the commission an overview of the way in which they have been adapted on the basis of the indexation formula

used by the provider. The commission shall check if the formula for indexing used by the supplier has been properly applied and whether it complies with the data transmitted in the framework of § 1.
§ 4. The commission finds, after notice of the National Bank of Belgium, if targeted indexing formula to the § 1 of the energy component for the provision of electricity at variable price of energy for residential and SME end customers has been correctly applied.
On its own initiative, the commission makes a finding if a supplier does not declare the data referred to in § 2 within the aforementioned period, after that it has warned to comply with its duty of declaration under § 3.
The commission shall send, by registered with acknowledgement of receipt, its finding to the supplier within five working days of its declaration referred to in § 3 or following the date on which she intervened on its own initiative pursuant to paragraph 2. The provider has the right to challenge the finding made by the commission within five working days of the receipt of the finding. Disputes are submitted to a neutral Member and accepted by both parties of the Belgian Institute of Auditors, which performs a binding finding establishing if the indexation formula in the energy component for the provision of electricity at variable price of energy for residential customers and SMEs has been correctly applied in a period of 30 days and at the expense of the losing party.
When the determination referred to in paragraph 1 is final, the commission may require the provider to credit customers concerned for the part of the energy component overcharged. If the provider fails to do so within a period of three months following this formal notice, the commission may impose an administrative fine, by way of derogation from article 31. The fine may not exceed EUR 150,000.
§ 5. The provider shall notify the commission, by registered with acknowledgement of receipt, any increase in the variable energy prices applicable to residential customers and SMEs, which does not result from a decision of the competent authority, the regulator, Manager of the network, a distribution network manager or which does not arise from the application of § § 2 to 2 a 4 4.
The notification to the commission is accompanied by reasons for the increase in the variable price, referred to in the first subparagraph.
The effective date of the increase referred to in the first subparagraph shall be suspended for the duration of the procedure laid down in this paragraph.
The commission, after consultation with the National Bank of Belgium, judge if the motivation of the increase is justified in terms of objective parameters, including on the basis of a permanent comparison of the energy component to the supply of electricity and gas to residential customers and SMEs with the average of the energy component in the area of North-West Europe.
at the initiative of the commission, after consultation with the National Bank of Belgium, a decision is taken by the commission without notification by a supplier, after putting him formal notice by registered with acknowledgement of receipt to comply with its duty of notification under paragraph 1.
The commission, after notice of the National Bank of Belgium, communicates its decision to the supplier within five working days following its declaration referred to in paragraph 1 or the date at which it intervenes on its own initiative in accordance with article 5.
If adapting to the rise in the energy component is not justified, the supplier between negotiation with the commission and the National Bank of Belgium to conclude an agreement on the residential variable price of the energy component to the provision to end-users and SMEs The commission is consulting with the National Bank of Belgium.
In the event of failure of the negotiations within a period of twenty days from the receipt by the commission of the notification, the commission may reject after notice of the Bank national of Belgium, all or part of the increase. The commission motivates and passes its decision to the provider by registered with acknowledgement of receipt and without prejudice to remedies of providers in accordance with article 29 bis.
Providers publish the approved increase in their energy component for the supply of electricity to residential customers and SMEs on their Web site at the end of this procedure, within five working days of knowledge of the commission's decision making.
In the event of a finding by the commission of the non-compliance by providers of their obligations under this paragraph within a period of two months following the communication of its decision to the supplier concerned, the commission may require that supplier to comply with its obligations. If the provider fails to do so within a period of three months following this formal notice, the commission may impose an administrative fine, by way of derogation from article 31.
This fine may not exceed EUR 150,000.
For the implementation of this paragraph, the commission shall communicate to the National Bank of Belgium all information and all documents at its disposal, in accordance with article 26, § 1. The commission and the National Bank of Belgium comply with strict confidentiality of sensitive commercial data or personal data.
§ 6. A fund to reduce the federal contribution is hereby established under the aegis and the management of the commission.
Administrative fines are injected into the reduction fund of the federal contribution, established by article 20bis, § 6.
§ 7. The mechanism established by this section is subject to a monitoring and an annual report of the commission and the National Bank of Belgium so notably to identify the risks of adverse effects on the market.
Until December 31, 2014, in the presence of significant adverse effects on the market, the King may, by Decree deliberated in the Council of Ministers upon proposal by the Minister, at any moment decide to put an end to the mechanism of this article on the basis of the monitoring and the targeted annual report 1st paragraph.
No later than six months before 31 December 2014, the commission and the National Bank of Belgium carried out an evaluation report of the mechanism established under this article. On the basis of this report, the King may, by Decree deliberated in the Council of Ministers on a proposal from the Minister, extend for a further period of three years, PRN renewable according to an identical procedure, if it finds that the conditions of transparency and competition are still not met and that the consumer protection is still not so guaranteed. On the basis of the monitoring and annual report of the commission and the National Bank referred to in paragraph 1, the King may, by Decree deliberated in the Council of Ministers upon proposal by the Minister, at any time, decide to put an end to the mechanism of this article in the presence of significant adverse effects on the market. ».
S. 30. in the same Act, it is inserted an article 20B, as follows: «art.» 20b. for the purposes of the fine referred to in article 20bis § § 4 and 5, the commission shall notify the supplier concerned her grievances. The supplier may submit his observations within a period of fifteen days from the date of dispatch. The commission shall then convene a hearing during which the provider can submit its observations. The commission takes its final decision within five days of the hearing. ».
S. 31. at section 21 of the Act, as amended by the Act of 20 July 2005, the following changes are made: 1 ° point 1 ° is supplemented by the words ", the protection of the environment, including energy efficiency, energy from renewable energy sources and protecting the climate for their activities on the transport network.";
2 ° to point 3 °, has), the words ', and, where appropriate, all or part of the costs and losses that electricity companies will recover due to the opening of the market of electricity, to the extent and for the duration allowed by the European Commission "are repealed.
S. 32. in article 21bis, § 1, paragraph 4, of the Act, inserted by the law of 20 July 2005 and as last amended by the law of December 22, 2008, point 6 ° is repealed.
S. 33. in article 21B of the Act, inserted by the Act of 20 July 2005 and as last amended by the law of December 22, 2008, the following changes are made: 1 ° in the § 1, paragraph 1 8 ° is repealed;
2 ° § 3 is supplemented by the following subparagraph: "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 laying down the terms of compensation of the net actual costs arising from the application of the maximum prices social on the electricity market and the rules of intervention for their support, as confirmed by law 27 December 2004 programme.»
».
S. 34. at article 22 of the Act, as amended by the Act of June 1, 2005, the following changes are made: 1 ° it is inserted a § 1bis as follows: "§ 1bis.» The companies mentioned in the § 1 shall, in their internal accounting, keep separate accounts for the activities related to their public service obligations. »;
(2) there is inserted a § 3bis worded as follows:

Ǥ 3A. '. The commission shall preserve the confidentiality of commercially sensitive information and/or personal data, unless all legal obligations to disclose this information.
».
S. 35. article 22A of the Act, inserted by the Act of 27 December 2004 and amended by the royal decree of December 20, 2007, is repealed.
S. 36 A section 23 of the Act, as amended by the Act of May 6, 2009, the following amendments are made: 1 ° to the § 1, paragraph 1, the first sentence is replaced by the following sentence: "He is created a commission on regulation of electricity and gas, in German"Elektrizitäts-und Gasregulierungs-kommission"and abbreviated"CREG".";
2 ° the § 1 is supplemented by a paragraph worded as follows: "the commission shall take all reasonable measures to achieve the following objectives in its missions listed in article 23, paragraph 2, in close consultation, where appropriate, with other federal authorities, including the Council of competition, and without prejudice to their powers: 1 ° promote. in close collaboration with ACER, the European Commission, the regulatory authorities of the Regions and the other Member States, an internal market of electricity competitive, secure and sustainable for the environment within the European Community, and an effective opening of the market for all customers and suppliers of the Community European, and ensure conditions appropriate to make electricity work effective and reliably taking into account long-term objectives;
2 ° develop a market between the regions of the European Community defined by article 12, paragraph 3, of Regulation (EC) no 714/2009, competitive and functioning within the European Community, with a view to the achievement of the objectives referred to in point 1 °;
3 ° remove obstacles to trade in electricity between Member States, notably by implementing adequate cross-border transport capacity to meet the demand and strengthen the integration of the markets of the various Member States, which should allow electricity to better circulate in the whole of the European Community;
4 ° contribute to ensuring the establishment of networks in the most advantageous cost way, non-discriminatory which are safe, reliable, efficient and focused on end-customers, and promote the adequacy of systems and, in accordance with the General objectives of energy policy, energy efficiency and the integration of electricity generation, to large or small scale from renewable energy sources;
5 ° to facilitate access to the network of the new production capacities, including by removing obstacles that could prevent the arrival of new entrants on the market and the integration of the production of electricity from renewable energy sources;
6 ° to ensure that the network manager and the users of the network receive sufficient incentives, both short term and long term, to improve network performance and foster market integration;
7 ° ensure that end-users benefit from the efficient functioning of the market and promote effective competition as well as help to ensure the protection of consumers;
8 ° to contribute to ensure public and universal high-quality service in the electricity supply sector and contribute to the protection of vulnerable customers and the compatibility of the necessary mechanisms for data exchange to allow customers connected to the transmission network to change supplier. »;
3 ° to § 2, paragraph 2, point 2 ° is supplemented by the following sentence: 'the commission ensures in this framework to preserve the confidentiality of commercially sensitive data or personal and therefore fails to publish;';
4 ° to § 2, paragraph 2, point 4 ° is repealed;
5 ° to § 2, paragraph 2, item 5 °, repealed by the law of March 16, 2007, was re-established in the following wording: '5 ° monitoring the level of transparency, including wholesale prices, and ensure respect of the obligations of transparency by electricity companies;';
6 ° to § 2, paragraph 2, point 7 °, repealed by the law of May 6, 2009, is restored in the following wording: '7 ° defines together with the network manager and published on its website the standards and requirements for quality of service and provision taking into account the means granted via tariff mechanisms;';
7 ° to § 2, paragraph 2, point 8 ° is replaced by the following: ' 8 ° monitoring the compliance by the transmission system operator and electricity undertakings of the obligations that their obligations under the Act and its orders of execution, as well as of other legislative and regulatory provisions applicable to the electricity market, notably as regards cross-border issues and matters covered by Regulation (EC) no 714/2009 ';
8 ° to the § 2, paragraph 2, point 9 ° is replaced by the following: '9 ° monitoring the implementation of the technical regulation, approves the documents referred to in this regulation, particularly as regards the conditions of connection and access to the transport network and the conditions of liability of equilibrium in the adjustment range, and evaluates the past performance of the technical rules governing safety and the reliability of the transport network;';
9 ° to § 2, paragraph 2, point 10 ° is complemented by the following sentences: ' (the commission is analysing the consistency of this plan with the development plan of the network throughout the European Community referred to in article 8, paragraph 3, point b) of Regulation No 714/2009. " Where appropriate, this analysis may include recommendations to amend the development plan prepared by the network manager. »;
10 ° to § 2, paragraph 2, point 12 ° is supplemented by the words "as well as the funds referred to in article 21B, § 1, 1 ° and 4 ° ';
11 ° to § 2, paragraph 2, point 13 ° is repealed;
12 ° in § 2, paragraph 2, point 14 °, amended by the law of July 1, 2006 is replaced by the following: "14 ° exercising the tariff competences referred to in articles 12 to 12quinquies;";
13 ° to the § 2, paragraph 2, 14 ° bis, inserted by the law of 20 March 2003, the words 'and distributors supplying final customers who do not have the quality of eligible customer"are repealed;
14 ° to § 2, paragraph 2, point 16 ° is replaced by the following: "16 ° verifies the absence of subsidies between transmission, distribution and supply activities.
15 ° § 2, paragraph 2, is complemented by items 21 ° to 45 °, worded as follows: "21 ° monitors the level and effectiveness achieved in terms of opening up of the market and competition for wholesale and retail markets, including exchanges in electricity scholarships and monitors the distortions or restrictions of any competition, by communicating all relevant information and by deferring the cases that warrant the competition Council;
22 ° monitoring the occurrence of restrictive contractual practices, including exclusivity provisions, which may prevent customers connected to the transmission network contract simultaneously with more than one supplier or which could limit their choice in the matter and, where appropriate, inform the Council of competition of these practices;
23 ° monitoring the time taken by the Manager of the network to make connections and repairs;
24 ° helps to ensure, in collaboration with other competent authorities, the effectiveness and the implementation of the measures for the protection of final customers;
25 ° guarantees access to the consumption data for final customers connected to the transport network and making available, for optional use, of an easily understandable method of harmonized presentation of consumption data and quick access to all final customers connected to the transport network to these data so that they can free their consumption data and provide access to their consumption records by agreement express and free of charge, to any company registered as a supplier;
26 ° monitoring the implementation of the rules relating to the functions and responsibilities of the Manager of the network, suppliers, end and other customers the market pursuant to Regulation (EC) no 714/2009;
27 ° monitors the investments in production capacity in terms of security of supply;
28 ° supervises technical cooperation between managers of transport network of the European Community and third countries;
29 ° monitoring the implementation of the safeguard measures provided for in article 32 and the technical regulation;
30 ° contributes to the compatibility of the mechanisms for the exchange of data relating to the important market processes at the regional level, as referred to in article 12, paragraph 3, of Regulation (EC) no 714/2009;
31 ° certified Manager of the network, in accordance with the provisions of articles 10, § § 2B and 2 c. The commission ensures permanent monitoring of compliance by the transmission system operator from obligations of independence pursuant to articles 9 to 9B and, where appropriate, initiative for the certification procedure. The commission may require Manager network and companies active in the production and supply delectricite

all information useful for its tasks in the context of the certification procedures laid down in article 10, § § 2B and c. The commission shall preserve the confidentiality of commercially sensitive information and/or personal;
32 ° at the request of the user of an industrial firm network, checks and approves the rates applied in the industrial firm network or the methodology for the calculation of these rates on the basis of the criteria laid down by article 18bis;
33 ° publish, once a year at least, recommendations on the conformity of the price of supply with the public service obligations laid down by this law and its implementing orders and forwards them, as appropriate, to the competition Council;
34 ° ensures that, if it is appropriate and when refusal of access, the network manager to provide relevant information on measures necessary to reinforce the network;
35 ° approves, on proposal of the network manager, the methods used to establish access to cross-border infrastructure, including congestion management and capacity allocation procedures. These methods are transparent and non-discriminatory.
The commission shall publish on its website the approved methods;
36 ° supervises the management of the transport network congestion, interconnections, and the implementation of congestion management rules. The commission shall inform the Directorate-General of energy. The network manager shall submit to the commission, for the purposes of this point, his proposed congestion management rules, including the allocation of capacity. The commission may ask him, so motivated to change its rules in respect of the congestion rules laid down by neighbouring countries which interconnection is concerned and in consultation with the ACER;
37 ° fixed guidelines for Exchange of data and regulation, ownership of data and records responsibilities;
38 ° approves the general plan for the calculation of the total capacity of transfer and the margin of reliability of transport from the electrical and physical characteristics of the network published by the Manager of the network pursuant to article 8, § 1, paragraph 3, 11 °;
39 ° appreciates the concepts and basic methods for determining the responsibilities in case of breach of obligations related to transactions restrictions, as defined and published by the Manager of the network pursuant to article 8, § 1, paragraph 3, 12 °;
40 ° appreciates the plan general calculation of interconnection for various maturities capacity, based on the realities electrical and physical network issued by the Manager of the network pursuant to article 8, § 1, paragraph 3, 14 °;
41 ° appreciates the way in which the network manager publishes all relevant data concerning cross-border trade on the basis of the best possible forecast in application of article 8, § 1bis, paragraph 3;
42 ° approves the criteria for the coordination of the appeal of production facilities and the use of interconnectors by the Manager of the network, in accordance with article 8, § 1, paragraph 3, 5 °;
43 ° prepares a report for auxiliary services, in accordance with article 12quinquies;
44 ° grants derogations for new interconnections referred to in article 17 of Regulation (EC) no 714/2009;
45 ° provided that the relevant regional provisions implement a closed distribution network system, checks and approves the request of the user of a closed distribution network connected to a distribution network tariffs or the methodology of calculation of the tariffs applied on the closed distribution network. »;
16 ° it is inserted a § 2A, as follows: "§ 2A.» The commission motivates and fully justifies its decisions in order to allow judicial review.
The terms and conditions for these motives and justifications are specified in the rules of procedure of the Executive Committee, having regard in particular to the following principles:-motivation takes over all of the elements on which is based the decision.
-electricity undertakings have the opportunity, prior to making a decision concerning them, to assert their comments;
-the follow-up to these comments is justified in the final decision;
-acts of individual or collective scope adopted in performance of its tasks as well as any preparatory act, report of experts, consulted parties commented y related are published on the commission's website, in the confidentiality commercially sensitive information and/or personal data. »;
17 ° it is inserted a § 2B, as follows: "§ 2B.» In the context of the exercise of its powers, the commission respects freedom of contract for interruptible supply and long futures contracts, therefore they are compatible with Community law and consistent with Community policies. »;
18 ° § 3 is replaced by the following: "§ § 3 3» The commission shall draw up each year an annual report before May 1 of the year following the financial year concerned in the House of representatives.
The annual report of the commission focuses on: 1 ° the performance of its tasks;
2 ° the State of its operating expenses and of their cover mode, including an active/passive situation and the report of the Réviseur d'Entreprises
3 ° the evolution of the electricity market;
4 ° the measures taken and the results obtained for each of the missions listed in § 2;
5 ° an analysis of the development plan established by the Manager of the network pursuant to article 13, from the point of view of its coherence with the development plan of the network throughout the European Community referred to in article 8, paragraph 3, point b), of Regulation (EC) no 714/2009, as well as, where appropriate, the recommendations for amendment of the development plan prepared by the network manager. The commission takes into account in this analysis the prospective study established pursuant to article 3;
6 ° copy decisions possibly taken during the relevant year of the methodology of calculation of tariffs in application of articles 12 and 12A.
The commission describes in its report how it achieved the objectives formulated in its policy note as well as in the General guidelines laid down by the Government. She explains, where appropriate, the reasons for which these objectives could not be fulfilled.
This report is published on the commission's website. A copy is also sent, for information, to the Minister. »;
19 ° it is inserted a § 3a, as follows: "§ 3A. '. The commission shall submit also the ACER and the European Commission, before 1 may of the year following the financial year concerned, an annual report on its activities and the performance of its tasks. This report includes the measures taken and the results obtained for each missions listed in § 2. This report also includes an analysis of the development plan prepared by the Manager of the network pursuant to article 13, from the point of view of its coherence with the development plan of the network throughout the European Community referred to in article 8, paragraph 3, point b), of Regulation (EC) no 714/2003, as well as, where appropriate, the recommendations for amendment of the development plan prepared by the network manager. The commission shall take account, in the context of this analysis, the prospective study established pursuant to article 3. »;
20 ° there shall be inserted a § 5, worded as follows: ' ' § § 5 5 The commission ensures that its staff and the persons responsible for its management: has) operate independently of any commercial interest;
(b) shall neither seek nor not agree to direct instructions from any Government or other public entity or private in the performance of their tasks in accordance with § 2. This requirement is without prejudice to close cooperation, as appropriate, with other competent authorities, as well as general guidelines laid down by the Government. ».
S. 37. in the same Act, it is inserted an 23C(b) article, worded as follows: «art.» 23C(b). § 1. The commission cooperates on cross-border issues with the regulatory authorities of the Member States of the European Union concerned and with the ACER.
The commission consults and cooperates closely with the regulatory authorities of the other Member States of the European Union, trade with them, and communicates to the ACER all information necessary for the execution of tasks which under this Act. With regard to the information exchanged, the receiving authority ensures the same level of confidentiality as that required of the originating authority.
The commission cooperates at least at the regional level, as referred to in article 12, § 3, of the Regulation (EC) no 714/2009, for: a) promote the implementation of practical arrangements to allow optimum management of the network, promote joint electricity exchanges and the allocation of cross-border capacity, and to enable an adequate level of interconnection capacity, including through new interconnections within the region and between regions, such as referred to in article 12, paragraph 3 of Regulation (EC) no 714/2009, so that effective competition can settle and that security of supply can be strengthened, without discrimination between supply undertakings in different States members of the European Union;

(b) coordinate the development of all the network codes for managers of transport network and other relevant market actors; and (c) coordinate the development of congestion management rules.
The commission is authorised to conclude agreements of cooperation with the regulatory authorities of the other Member States of the European Union to foster regulatory cooperation.
The actions referred to in paragraph (3) are carried out, where appropriate, in close consultation with the other federal authorities concerned and without prejudice to the powers of the latter.
§ 2. The commission shall comply with legally binding decisions of the ACER and the European Commission and implements.
The commission may seek the opinion of the ACER about the compliance of a decision taken by a regulatory authority regional or another Member State with the directions taken by the European Commission in implementing Directive 2009/72/EC or referred to in Regulation (EC) no 714/2009.
The commission can also inform the European Commission of any applicable to cross-border trade decision taken by a regulatory authority regional or another Member State of the European Union that it considers contrary to the guidelines referred to in paragraph 2, within a period of two months of that decision.
When the European Commission asked the commission to withdraw one of its decisions, it shall withdraw within a period of two months and shall inform the European Commission.
§ 3. The commission cooperates with the regional regulatory authorities.
Representation and contacts at Community level within the ACER, in accordance with article 14, § 1, of the Regulation (EC) no 713/2009, are insured by a representative of the commission which is in formal consultation with the regional regulatory authorities. ».
S. 38 A section 24 of the Act, as amended by the law of July 20, 2006, the following changes are made: 1 ° the § 1 is replaced by the following: "the organs of the commission are the Executive Committee and the Chamber of the disputes referred to in article 29. It is also established a general Council.
The Executive Committee and the general Council shall each establish a rules of procedure which is transmitted for information to the House of representatives. »;
2 ° in § 2, paragraph 2, the words 'once' are inserted between the words "for a renewable term" and the words "six years";
3 ° to § 2, a paragraph worded as follows is inserted between paragraphs 2 and 3: 'By deliberate order in Council of Ministers, the King defines the evaluation procedure of the appointment or the renewal of the mandate of president or member of the Board of management referred to in paragraph 2.';
4 ° § 2 is supplemented by a paragraph worded as follows: "no later than six months before the end of the mandate of president or member of the Executive Committee, the procedure of selection of the next President and members is launched.";
5 ° the § § 2A and 2B, written as follows, shall be inserted: ' § 2A.» By decision of the Council of Ministers taken following a proposal made by the Minister, on the basis of the opinion of the Disciplinary Board following the procedure laid down in this paragraph, it can be put an end to the mandate of the president, of one or of the members of the Board of the commission responsible for one of the following offences:-violation of the conditions of independence laid down by this law and by the law of 12 April 1965 concerning the carriage of products gas and other pipelines, as well as by the orders made pursuant to these acts;
-infringement, in the exercise of their mandates, all other legal and regulatory provisions applicable to the Chairman and/or members of the Executive Committee under this Act and the Act of 12 April 1965 concerning the transport of gaseous and other products by pipelines, and took orders in enforcement of these laws.
Following the finding of a violation referred to in paragraph 1, and in the next month taking knowledge of this violation, the Minister takes the discipline Council, established by the § 2B, by registered letter with acknowledgement of receipt. This mail describes inter alia the nature of the facts which are deemed constitute the violation. No mention is made in this mail suites to be reserved for this violation.
Within three months following the sending of the letter referred to in paragraph 2, the disciplinary board shall convene parties, namely, the Minister and the person against whom the violation occurred, for hearing.
The notice of this hearing was sent by registered letter with acknowledgement of receipt no later than ten days prior to the hearing. The parties may be assisted during the hearing or be represented by counsel.
In the months following the hearing, the disciplinary board shall give notice binding to the Minister. This notice may conclude:- either that there is a reason to prematurely terminate the mandate, with lapse of compensation for termination or other contractually planned output allowances;
-is there a reason to prematurely terminate the contract, without being necessary to pronounce the lapse of compensation for termination or other contractually planned outputs allowances;
- or that there's no reason to terminate the mandate.

§ 2B. For the purposes of the provisions referred to in paragraph § 2A, a disciplinary Council is established. The Disciplinary Council consists of a president, magistrate, and two members, also judges, who are elected by the House of representatives for a renewable term of six years. The Chairman of the disciplinary board must prove his knowledge of the Dutch and the french. A member is speaking, the other is francophone. For the Chairman and members, the House of representatives shall elect an alternate.
The secretariat of the disciplinary board is entrusted to a Dutch-speaking clerk and a francophone clerk elected by the Chamber of representatives. The clerks are magistrates.
The House of representatives sets the rules for the election of the members of the disciplinary board and its clerks.
The disciplinary board establishes its rules of procedure. »;
6 ° § 3 is supplemented by three paragraphs worded as follows: 'the general Council may conduct studies and submit opinions at the request of the Minister.
The general Council has on the exercise of its tasks of an adequate budget.
The Executive Committee acts independently of the general Council and accept no instruction on his part."
S. 39 A section 25 of the Act, as amended by the law of July 20, 2006, the following changes are made: 1 ° to § 2, the words "recruited and" are repealed;
2 ° § 3 is replaced by the following: "§ § 3 3» The operating costs of the commission are covered by the Federal assessment referred to in article 21bis, to the extent of the budget set by the House of representatives pursuant to § 5. »;
3 ° to § 5, paragraph 1, the word "distributors" is replaced by the term "suppliers";
4 ° to § 5, paragraphs 3 and 4 are replaced by the following: "the draft budget of the commission is established by the Executive Committee. The draft budget of the commission is subject, accompanied by a note of general policy established by the Management Committee for approval in the House of representatives before 30 October of the year preceding that to which it relates.
The House of representatives hears the Executive Committee.
The draft budget, which may be adapted following the hearing is then approved by the House of representatives.
The commission shall communicate the annual accounts together with the report of the Réviseur d'Entreprises established on the basis of paragraph 2, the House of representatives and the Court of Auditors, before May 1 of the year following the financial year concerned. The Court of Auditors audits the accounts of the commission and passes his audit report to the House of representatives.
».
S. 40A section 26 of the Act, as amended by the Act of June 8, 2008, the following changes are made: 1 ° to the § 1, 1st paragraph is replaced by the following: "in the performance of the tasks assigned to him, the commission may require the network manager and the managers of networks of distribution as well as producers. , suppliers and intermediaries operating in the Belgian market, any business related or associated as well as any enterprise managing or operating a multilateral trading platform on which are traded energy supplies or financial instruments relating to energy supplies, maintaining a direct link with the Belgian electricity market, or having a direct impact on it, to provide all necessary information including the justification for any refusal to grant access to a third party, and any information on measures necessary to reinforce the network, provided that it motivates its application. It can carry out a control of their accounts on. »;
2 ° the § 1bis is supplemented by a paragraph worded as follows: «information collected by the commission under this subsection may only be used for reports, advisories and recommendations referred to in articles 23A and 23B.» The King may, by deliberate royal decree in the Council of Ministers, extend this article to binding decisions which could be covered by articles 23A and 23B. »;
3 °

in § 2, the words 'and/or personal' shall be inserted between the words "confidential information" and the words "which they have become aware.
S. 41 A article 27 of the Act, as amended by the law of December 30, 2009, the following amendments are made: 1 ° the § § 1bis and 1B, written as follows, shall be inserted: ' § 1bis.» Mediation for energy service deals with questions and complaints submitted in application of § 1 on the basis of transparent, simple and inexpensive procedures, allowing a fair and quick settlement of disputes within a period of forty days. This period may be extended once for a period of forty days, provided that the parties are informed before the expiry of this period.
Mediation for energy service takes into account the provisions relevant, regional or federal, where appropriate in terms of consumer protection, and highlights the height as well as the details of the compensation.
Mediation for energy service has full authority to transmit to regional regulators questions and complaints within their exclusive competence.
Mediation for energy service is a single window for the final customer complaints. The distribution of questions and complaints between federal and regional services, the exchange of information and intelligence between services and the creation of a permanent advisory group with services are regulated by the provisions of this article.
Mediation for energy service has access to the national registry of natural persons, in accordance with the provisions of the law of 8 August 1983 organising a national register of natural persons.

§ 1B. Mediation for energy service presents an annual report to the House of representatives on the exercise of its tasks. In this context, it may make proposals to improve the procedure for handling of disputes. »;
2 ° to the § 7, second sentence, the word "October" is replaced by the word "June";
3 ° to § 13, first sentence, the words "which precedes" shall be inserted between the words "of the year" and the words "for which they are due".
S. 42. article 28 of the Act, as last amended by the Act of May 6, 2009, is replaced by the following: «art.» 28. any interested party who felt aggrieved by a decision taken by the commission may, within a period of fifteen days following the publication or notification of this decision, submit a complaint for review to the commission.
This complaint has no suspensive effect and does not preclude the introduction of an appeal nor is a necessary prerequisite for the bringing of an action before the Court of appeal of Brussels in application of article 29 bis.
The complaint for review is addressed by registered letter or by deposit with acknowledgement of receipt at the headquarters of the commission. It includes a copy of the decision criticized as well as the grounds for a review.
The commission takes its decision on the complaint within a period of two months from the date of the filing of the complaint for review. ».
S. 43. at article 29 of the same Act, as amended by the Act of May 6, 2009, the following amendments are made: 1 ° in the § 1, 'an autonomous body referred to as' shall be replaced by the word "one";
2 ° to the § 1, "access to the transport network and the tariffs referred to in articles 12 to 12novies" shall be replaced by the words "the obligations imposed on the Manager of the network, managers of distribution networks and industrial closed operators under this Act and its implementing orders ';
3 ° a § 2A, worded as follows, shall be inserted: ' § 2A.» The members of the legislative chambers, the European Parliament and the parliaments of the communities and Regions, Ministers, Secretaries of State, members of a community or Region Government, members of the cabinet of a member of the federal Government or a community or Region Government and members of the permanent deputations of the provincial councils cannot serve as president Member or alternate members of the House of disputes.
The president, members and alternate members of the House of disputes cannot exercise any function or activity, whether gainful or not, to the service of the Manager of the network, one of the owners of the network, a producer, a Distributor, or an intermediary, as defined in article 2, or a gas undertaking, as defined in article 1 of the law of 12 April 1965 on the transport of gas and other pipelines.
The prohibition in paragraph 2 lasts for one year after the end of the mandate of the president, the members and alternates of the Chamber's litigation.
The allowances referred to in paragraph 2 may provide payment, at the end of the mandate of the president, the members and alternates of the Chamber's litigation, compensation compensatory consideration the prohibition referred to in paragraphs 2 and 3. This allowance cannot exceed half of the gross allocation of the president, members and alternates for the twelve months preceding the end of their mandate.
The president, members and alternates of the dispute resolution Chamber cannot hold shares, or other securities equivalent to shares issued by firms (other than autoproducers) electricity or gas companies, financial instruments allowing to acquire or sell such shares or values or giving rise to a settlement in cash in function mainly of the evolution of the value of such shares or securities.
If the president, a member or an alternate has, directly or indirectly, an interest in a dispute referred to dispute resolution Chamber, he may attend the deliberations of the Chamber's litigation y, or take part in the vote. It must previously inform the president, other members or the other deputies of the House of disputes, which must do State in its decision.
The mandates of the president, the members and alternates of the Chamber disputes cease when they have reached the age of sixty-five years. »;
4 ° § 3 is supplemented by two paragraphs, worded as follows: 'litigation Chamber shall decide within two months of its referral. This period may be extended by two months in the case of application, by the dispute resolution Chamber, for further information.
A further extension of the time limit is possible with the agreement of the applicant.
The decision of the Board of disputes is binding, provided that it is not cancelled following an appeal before the competent courts. ».
S. 44A article 29 bis, § 1, paragraph 1, of the Act, inserted by the law of 27 July 2005 and amended as last amended by the law of July 20, 2006, the following changes are made: 1 ° the introductory sentence is replaced by the following: "appealed to the Court of appeal of Brussels sitting as in interlocutory proceedings, is open to any person establishing an interest against all decisions of the commission. «, which including those listed below: ';
2 ° to point 6 °, the words ", on the approval of the rates referred to in articles 12 to 12novies and their orders of execution" are repealed.
S. 45A section 29 of the Act, inserted by the law of July 20, 2005, the following changes are made: 1 ° the § 1 is replaced by the following: "§ 1.» The remedies referred to in article 29bis has no suspensive effect, except when it is directed against a decision of the commission imposing an administrative fine. However, the Court of appeal of Brussels, an action may, interlocutory, order the suspension of the execution of the decision subject to recourse, where the applicant invokes serious ways to justify the rescission or reformation of the decision and that an immediate it may cause him harm serious difficult to repair.
Similarly, any person having an interest may apply to the Court of appeal of Brussels and ask for the suspension of the execution of all decisions of the commission taken pursuant to articles 12 to 12quinquies by which the commission would violate the law. The Court any cessante matter on the application for suspension. No suspension action may be introduced without the introduction of an action at the bottom. »;
2 ° § 3 is replaced by the following: 'within three working days following the filing of the application, the request is notified by judicial letter by the registry of the Court of appeal to all parties called for the cause by the applicant. The registry of the Court of appeal asked the Board of direction of the commission to file the administrative file relating to the Act attacked at the registry, with the request. The filing of the record is done no later than the day of the hearing for the introduction, without however that the delay between the receipt of the request by the commission and the hearing of introduction might be less than 10 days. In an extreme emergency, the Court of appeal can shorten the period of introduction of the administrative record, without however that this time limit cannot be less than five days after the receipt of the request. The administrative record may be consulted by the parties from the registry of the Court of appeal upon its filing and until the close of the discussion. ».
S.
46. article 29sexies of the Act, inserted by the law of July 20, 2005, is repealed.
S.

47. in article 29septies of the Act, inserted by the law of 20 July 2005, "unless otherwise decided by the bodies of the commission which took the decision" shall be replaced by the words "while preserving the confidentiality of commercially sensitive information and/or personal data".
S. 48. in section 29octies of the Act, inserted by the law of July 16, 2001 and as amended by the law of 27 July 2005, the following changes are made: 1 ° in the § 1, the words "the follow-up to the energy prices", shall be inserted between the words "data" and the words "the establishment of energy balances.
2 ° to § 2, the second sentence is supplemented by the words "as well as for all personal or commercially sensitive information collected by the Directorate-General of energy within its competence under this Act and of the Act of 12 April 1965 on the transport of gaseous and other products by pipelines as well as their execution orders".
S.
49. in the same Act, it is inserted an article 29novies, worded as follows: "electricity undertakings shall communicate to Directorate-General of energy, under penalty of a fine to a maximum of 1% of the annual turnover of the business concerned in Belgium, all the information that are necessary for the exercise of its functions under this Act."
S.
50. in article 30 § § 1 and 2, of the Act, 'fifty thousand to twenty thousand francs' shall be replaced by the words «1.24 to 495,79 euros.
S. 51. in article 30A, paragraph 3 of the same Act, inserted by the law of December 22, 2008, the words "bis article 23, § 2, 3 °, 3 °, 19 ° and 20 °, in article 23bis, in article 23B and article 26, § 1, in regard to execution of the tasks of the commission provided for in articles 23, § 2, 3 °, 3 °, 19 ° and 20 °, 23A and 23B. ", and article 26, § 1bis this Act and its implementing orders» are replaced by the words" article 23, § 2, 3 °, 3 ° bis, 5 °, 19 ° to 22 °, 25 ° and 29 ° in article 23bis, in article 23B and article 26, § 1, in relation to the execution of the tasks of the commission referred to in article 23, § 2, 3 °, 3 ° bis. «, 19 ° to 22 °, 25 ° and 29 ° in article 23bis, in article 23B and article 26, § 1bis.
S. 52. in the same Act, it is inserted an article 30ter, worded as follows: «art.» 30ter. any infringement of the rules of confidentiality laid down in this Act and its implementing orders is punishable by penalties under article 458 of the penal Code. The provisions of book I of the penal Code shall apply, including Chapter VII and article 85. ».
S. 53 A section 31 of the Act, as amended by the Act of January 14, 2003, the following changes are made: 1 ° to the paragraph 1, the words "this Act or its execution orders" are replaced by the words "this Act, its orders of execution of subsequent legislation 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, 8 °. »;
2 ° to the paragraph 1, the words 'less than fifty thousand francs or more than four million francs, or, in total, more than eighty million francs' shall be replaced by the words "less than two hundred and forty euro nor greater than one hundred thousand euros, ni, in total, more than two million euros";
3 ° paragraph 2 is replaced by the following: "the administrative fines imposed by the commission to the Network Manager are not included in costs, but are deducted from its equitable profit margin."
4 ° article is supplemented by two paragraphs, worded as follows: "administrative fines imposed by the commission for distribution network managers are not included in their costs, but are deducted from their fair profit margins. ''
Electricity companies are unable to charge back to their customers the amount of administrative fines imposed by the commission.
».
S. 54 A section 32 of the Act, the following amendments are made: 1 the words "and in consultation with the network manager" are inserted between the words 'after consultation of the commission' and the words ', take necessary safeguard measures ';
2 ° article is supplemented by two paragraphs, worded as follows: "these measures must cause the least possible disturbance in the functioning of the European internal market and must not exceed the scope strictly necessary to remedy the sudden difficulties which have arisen.
The Minister shall immediately notify these measures to the other Member States of the European Union and the European Commission. ».
CHAPTER 3. -Amendments to the law of 12 April 1965 on the transport of gaseous and other products by pipelines s. 55. at 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 June 11, 2011, the following changes are made: 1 ° item 5 bis °, inserted by the law of June 1, 2005 and amended by the Act of 16 March 2007, is replaced by the following : "5 ° bis 'natural gas undertaking': any natural or legal person who meets at least one of the following functions: production, transport, distribution, metering, supply, purchase or storage of natural gas, including LNG, and which ensures the missions commercial, technical and/or maintenance related to those functions, but is not final customer ';
item 2 ° 7 °, as amended by the Act of June 1, 2005, is replaced by the following: ' 7 ° 'transport': the transportation of natural gas as well as biogas and gas from biomass or other types of gas in respect of the provisions of article 2, § 4, via a network mainly consisting of high-pressure gas pipelines, other than a network of gas pipelines upstream and other than the part of the used high-pressure primarily for.
the distribution of natural gas for purposes of delivery to customers, but not including supply;
»;
3 ° paragraph 7 bis °, inserted by the law of July 16, 2001, is repealed;
4 ° to point 10 ° bis, inserted by the law of June 1, 2005, the words "as well as biogas and gas from biomass or other types of gas in accordance with the provisions of article 2, § 4," are inserted between the words "gas" and the words "and operated by Manager";
5 ° to point 12 ° bis, inserted by the law of July 16, 2001, "networks of distributions", is inserted between words "lines", and the words "means of storage";
6 ° point 13 ° is replaced by the following provision: «13 ° 'distribution network manager': a natural or legal person who, in accordance with regional laws, makes the distribution and is responsible for the operation, maintenance and, if necessary, developing the distribution system in a given area and, where applicable, its interconnections with other systems, and for ensuring the long term ability of the system to meet a reasonable gas distribution request ';
7 ° item 19 °, amended by the Act of June 1, 2005, shall be supplemented by the words 'and/or a company belonging to the same shareholders '.
8 ° to point 22 °, the words any distribution undertaking"are replaced by the words"any manager of distribution network ";
9 ° point 23 ° is supplemented by the phrase "any final customer is eligible;
»;
10 ° item 25 °, amended by the Act of June 1, 2005, is replaced by the following provision: "25 ° 'Directive 2009/73/EC': 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 ';
11 ° between 25 ° and 26 ° points are inserted points 25 ° bis, 25 ter °, 25 ° c and 25 ° d, worded as follows: "25 ° bis «Regulation (EC) no 715/2009»: Regulation (EC) no 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) no 1775/2005;
25 ° ter ' Regulation (EC) no 713/2009»: Regulation (EC) no 713/2009 of the European Parliament and of the Council of 13 July 2009 establishing an agency for the cooperation of energy regulators;
25 ° c «ACER»: the Agency for the cooperation of regulators of energy established by Regulation (EC) no 713/2009;
25 ° d 'Regulation (EU) No 994/2010': Regulation (EU) No 994/2010 October 20, 2010 of the European Parliament and of the Council concerning measures to safeguard security of natural gas supply and repealing Directive 2004/67/EC of the Council; »;
12 ° the 33 ° is replaced by the following: "33 °"Storage Manager": a natural or legal person who performs the storage and is responsible for operating a storage facility;"
13 ° point 35 ° is replaced by the following: "35 °"LNG facility manager": any natural or legal person who performs the liquefaction of natural gas or the importation, the unloading and regazefication of LNG, and who is responsible for operating a LNG facility;"
14 ° item 38 °, amended by the law of July 20, 2006, is replaced by the following: "38 ° undertaking vertically»

integrated': a natural gas undertaking or a group of natural gas undertakings which gives directly or indirectly by the same person or the same persons the exercise of control and engaged in at least one of the following functions: transport, distribution, LNG or storage, and at least one of the following functions: production or supply of natural gas; »;
15 ° point 41 ° is replaced by the following: ' 41 ° 'new installation': a natural gas facility that is not completed by no later than August 4, 2003 ';
16 ° points 46 ° to 49 ° are repealed;
17 ° article is supplemented by the points 52 ° to 63 °, worded as follows: ' 52 ° "residential customer": a customer purchasing natural gas for his own domestic consumption, excluding commercial or professional; activities
53 ° "non-residential customer": a natural or legal person purchasing natural gas not intended for household use;
54 ° 'residential protected customer': a final client with modest incomes or precarious situation, as defined by articles 3 and 4 of the programme law of 27 April 2007 and benefiting from the protection provided by article 15/10, § 2;
55 ° 'vulnerable customer': all residential protected customer within the meaning of point 54 final so that any customer ° considered vulnerable by the Regions;
56 ° "industrial closed network": a network within an industrial, commercial site or sharing of geographically delimited services intended primarily to serve end customers on this site, not supplying residential customers and in which: has) for specific reasons relating to the technical or safety, operations or the production process of the users of this network are integrated; or b) natural gas is mainly provided to the owner or Manager of the industrial firm network or undertakings related to them;
57 ° 'industrial closed network manager': person natural or legal owner of a closed industrial network having a right to use on such a network. The physical or legal person who passes without delivery or compensation any a final client located downstream from its point of connection to the natural gas transmission network is not a manager of industrial closed network;
58 ° 'industrial closed network user': a final client connected to a closed industrial network;
59 ° "transaction": any transaction resulting in a change of control of the Manager of the transport network of natural gas that could affect compliance with the requirements of independence laid down in articles 8/3 to 8/6 and 15/1, § 2 and which must be notified to the commission in application of article 8, § 4A;
60 ° 'interconnection': a transmission line which crosses or crosses the border between two Member States, for the sole purpose of linking networks of transport of these States members;
61 ° 'gas derivative': a financial instrument covered by provisions which implement the Ire annex, section C, points 5, 6 or 7 of Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments, where the instrument relates to natural gas;
62 ° "variable energy prices": the price of the component energetiquedans a variable contract that the supplier invoices to end residential customers and SMEs
and which is indexed at regular intervals on the basis of a formula of indexation agreed contractually (excluding network tariffs, taxes and charges);
63 ° 'SMEs': final consumers with an annual consumption of less than 50 MWh of electricity and less than 100 MWh of gas for all, by final customer of their connection points transmission and/or distribution network. ».
S.
56 A following article 2 of the same Act, replaced by the law of 29 April 1999 and amended by the Act of July 16, 2001, changes are made: 1 ° in the § 1, 1 °, the words "distribution undertakings" shall be replaced by the words "distribution network managers."
2 ° to the § 1, 2 °, c) and (d)), "distribution undertaking" shall be replaced by the words "the Manager of distribution network";
3 ° it is inserted a § 4, as follows: "§ § 4 4» The rules established by this Act for natural gas, including LNG, also apply, in a nondiscriminatory manner, biogas and gas from biomass or other types of gas, insofar as it is technically possible for injecting and carry them safely into the natural gas network and insofar as these types of gas are in accordance with the code of conduct adopted in application of article 15/5undecies, as well as consistent with the quality standards required on the natural gas transmission network. ».
S.
57 A section 3 of the same Act, as amended by the Act of 29 April 1999, the following changes are made: 1 ° in paragraph 1, 'chapter IVA' shall be replaced by the words "chapter IV";
2 ° paragraph 2 is supplemented the words 'after consultation of the natural gas transmission network manager.'.
S. 58A section 4 of the Act, replaced by the law of 29 April 1999 and amended by the Act of June 1, 2005, the following changes are made: 1 ° 1st paragraph, 2 °, the words "the reasons for which an authorization may be refused and" shall be inserted between the words "the fee to pay for it, as well as" and the words "deadlines in which the Minister»
2 ° article is supplemented by two paragraphs worded as follows: "the procedure for the granting of authorizations to transport referred to in paragraph 1 takes into account, where appropriate, of the importance of the project for the internal market in natural gas.
The reasons for which an authorization may be refused are objective and non discriminatory. They are communicated to the applicant. The motivation of the refusal shall be notified to the European Commission for information. ».
S. 59. the title of section 2 of chapter III of the Act is replaced by the following: 'Section 2. Certification and designation of managers.
S. 60. the heading of chapter III, subsection 1, of the Act is replaced by the following: «sub-section. 1st. Certification and designation of managers - definitive system procedures.
S. 61. at article 8 of the same Act, restored by the law of June 1, 2005, the following changes are made: 1 ° § 3 is replaced by the following: "§ § 3 3» The applicant must establish that he meets the independence requirements of articles 8/3 to 8/6 and 15/1, § 2.
If the conditions of independence referred to in articles 8/3 to 8/6 and 15/1, § 2 are met by the parent company, Manager itself, its subsidiary, itself Manager must also comply.
»;
2 ° it is inserted a § § 4bis, 4ter, 4quater and 4quinquies, worded as follows: "§ 4A.» Until a company is designated as Manager of the natural gas transmission network, she is certified in accordance with the procedure referred to the § 4B.
The identity of the designated network manager shall be communicated to the European Commission.
The natural gas transmission network manager permanently designated prior to the publication of the Act of the... on modification of the law of 29 April 1999 on the organsiation of the market of electricity and of the Act of 12 April 1965 on the transport of gaseous and other products by pipelines is deemed certified. The commission may at any time open a certification procedure in accordance with the § 4B.
Prior to any transaction that would justify a re-evaluation of how it conforms to the requirements laid down in articles 8/3 to 8/6 and 15/1, § 2, the Manager of the natural gas transmission network shall notify the commission of its intention to undertake this transaction. Such transactions can proceed with certification according to the procedure laid down in the § 4B. In case of conclusion of a transaction that could justify a reevaluationde the way in which the Manager of the natural gas transmission network shall comply with the requirements laid down in articles 8/3 to 8/6 and 15/1, § 2 without prior certification, the commission highlights remains Manager of the transport network of natural gas to comply with these requirements by virtue of § 4B. The Manager of the natural gas transmission network is revoked failing regularization following this procedure.
Notification at any moment to the commission of the abandonment of the transaction concerned makes the procedure of certification referred to the § lapsed 4ter.
§ 4B.
The commission shall ensure constant respect by the Manager of network of transport of natural gas from the requirements laid down in articles 8/3 to 8/6 and 15/1, § 2. It opens a certification procedure for this purpose: a) a Manager candidate of the natural gas transmission network in the request to the commission;
(b) in the case of notification on the part of the network manager of transportation of natural gas in application of § 4A;
(c) on its own initiative, when it has knowledge that a planned modification powers or influence on the natural gas transmission network manager may cause a breach of the provisions of articles 8/3 to 8/6 and 15/1, § 2, or when there are grounds to believe that an offence could be committed; or d) on a reasoned request from the European Commission.
The commission shall inform the Minister of the opening of a certification procedure as well as the Manager of the transport network

natural gas when it acts on its own initiative or on request motivated by the European Commission.
The request for certification of a Manager candidate for transmission of natural gas and natural gas transmission network manager notification referred to in paragraph 1, b), is carried out by registered letter with acknowledgement of receipt and mentions all the useful and necessary information. Where appropriate, the commission requests Manager candidate of the transport network of natural gas or natural gas transmission network manager to transmit additional information within a period of thirty days from the request.
When acting on its own initiative or on a reasoned request from the European Commission, the commission mentions in his letter the breaches of the provisions laid down in articles 8/3 to 8/6 and 15/1, § 2, or relays the motivation of the European Commission.
After appropriate invited natural gas transmission network manager to respond, within a period of thirty days, the shortcomings that it presumes or motivation of the Commission, the commission shall adopt a draft decision on the certification of the gas transmission network manager within four months following the date of application of the natural gas transmission network manager candidate the date of the notification of the Manager of the natural gas transmission network, the date where it has informed the Minister, when acting on its own initiative, or the date of the request of the European Commission. The certification is deemed granted at the end of this period. Draft express or implied of the commission decision becomes final only after the conclusion of the procedure laid down in paragraphs 6 to 9.
The commission shall notify without delay to the European Commission its draft decision explicit or implied relating to the certification of the Manager of the network of natural gas transmission, accompanied by all relevant information relating to the draft decision. The European Commission shall formulate an opinion in accordance with the procedure laid down in article 3 of Regulation (EC) no 715/2009.
After having received notice either express or implied, of the European Commission, the commission makes and communicate to the Minister, as soon as possible and at the latest within one month of the opinion of the European Commission, its final certification, reasoned as regards compliance with the requirements of articles 8/3 to 8/6 and decision 15/1, § 2. The commission takes the utmost account in its decision in the opinion of the European Commission. The decision of the commission and the opinion of the European Commission are published together in the Moniteur belge.
The above certification procedure becomes null and void when: has) the transaction notified to the commission in application of § 4A is aborted; or (b) the Committee decided, taking into account the corrections made by the Manager of natural gas transport network, to abandon the current certification process.
The commission and the European Commission may require Manager of transmission of natural gas and companies active in the production or supply of natural gas, all information useful for the fulfilment of their tasks in accordance with this paragraph. They shall preserve the confidentiality of commercially sensitive information.
§ 4quater. When certification is requested by an owner or a manager of natural gas on which a transport network or are controlled by several people of one or more third countries, the commission shall inform the European Commission.
The commission shall notify also without delay to the Commission any situation which would have the effect as an or several persons of one or more third countries acquire control of a network of natural gas or natural gas transmission network manager.
Prior to its conclusion, Manager of the natural gas transmission network shall notify the commission of any transaction that would have the effect that one or several persons of one or more third countries acquire control of the transport network of natural gas or natural gas transmission network manager.
Such a transaction can proceed with certification pursuant to this paragraph.
In case of conclusion of the transaction without certification, the commission highlights remains Manager of the transport network of natural gas to comply with the requirements of articles 8/3 to 8/6 and 15/1, § 2 under this subsection. The Manager of the natural gas transmission network is revoked failing regularization following this procedure.
Notification at any moment to the commission of the abandonment of the proposed transaction makes the obsolete procedure for certification of this paragraph.
The Committee adopted a draft decision concerning the certification of the gas transmission network manager within four months of the date of notification to which it has carried out.
She refuses to grant the certification if it has not been demonstrated: a) that the entity concerned complies with the requirements referred to in articles 8/3 to 8/6 and 15/1, § 2; and (b)) that the granting of certification will not risk the security of energy supply of the Belgium and the European Community. When considering this issue, the commission takes into account: 1 ° the rights and obligations of the European Community under international law with respect to that country, including any agreement concluded with one or several third countries to which the European Community is a party and which deals with the issue of security of energy supply;
2 ° the rights and obligations of Belgium with respect to that third country arising under agreements concluded with it, insofar as they comply with Community legislation; and 3 ° of other particular facts and circumstances of the case and the third country concerned.
The commission shall notify without delay to the European Commission its draft decision, as well as all relevant information is related.
Before finally making its decision, the commission requests the opinion of the European Commission to see if: a) the entity concerned complies with the requirements referred to in articles 8/3 to 8/6 and 15/1, § 2; and (b) the granting of the certification does not risk the security of energy supply of the European Community.
The European Commission examines the request upon receipt. Within two months of receipt of the request, it shall deliver its opinion to the commission.
For the preparation of its opinion, the European Commission may request the opinion of ACER, the Belgian State and the interested parties. In the case where the European Commission made such a request, the period of two months is extended by two additional months.
If the European Commission does not notice during the period referred to in paragraphs 8 and 9, it is deemed not have raised any objections to the draft decision of the commission.
The commission has a period of two months after expiry of the time limit referred to in paragraphs 8 and 9 to adopt its final decision regarding the certification. To do this, the commission shall take the utmost account the opinion of the European Commission. In any case, the commission has the right to refuse to grant the certification if it endangers the security of the energy supply of the Belgium or the security of energy supply of another Member State.
The final decision of the commission and the opinion of the European Commission are published together. When the final decision differs from the opinion of the European Commission, the commission provides and publishes the motivation of this decision with the decision.
§ 4quinquies. The certification procedures referred to the § § 4bis and 4ter, 4quater apply in an identical manner and according to the same forms for storage of natural gas and LNG facility facility managers.
Storage of natural gas and LNG facility facility managers permanently designated prior to the publication of the Act of the... on amendments to the law of 29 April 1999 on the organisation of the market of electricity and the law of 12 April 1965 on the transport of gaseous and other products by pipeline shall be deemed certified. The commission may at any time open a procedure of certification in accordance with article 8, § 4A. ».
The identity of the storage of natural gas and LNG facility facility managers designated shall be communicated to the European Commission.
»;
3 ° § 5 is supplemented by the following words: "and after certification by the commission, in accordance with the procedure referred to the § § 4bis, 4ter and 4quater.» The identity of designated managers shall be communicated to the European Commission. »;
4 ° § 7 is replaced by the following: "§ § 7 7» After hearing the manager concerned, after deliberations in the Council of Ministers, and after the opinion of the Committee may revoke any designation of Manager referred to in § 6 in the case of: 1 ° breach of the Manager to the obligations which are imposed under the Act and its implementation orders.
2 ° breach of the conditions of independence of the Manager, as referred to in articles 8/3 to 8/6 and 15/1, § 2 and, in the case of a gas transmission network manager, leading, where appropriate, to a lack of certification in accordance with the procedure referred to the § §.

4bis and 4ter, 4quater;
3 ° merger, demerger or significant change in the shareholding of it which is likely to compromise its independence and, where appropriate, leading to denial of certification in accordance with § § 4bis and 4ter. ».
S. 62. in article 8/3 of the same Act, inserted by the law of June 1, 2005 and amended by the Act of September 10, 2009, the following changes are made: 1 ° the § 1 is replaced by the following: "§ 1.» The Board of Directors is composed exclusively of non-executive directors, with the exception of the Managing Director, and for the third at least of independent directors.
These are selected in part for their financial management knowledge and partly for their useful technical knowledge, and particularly for their relevant knowledge of the energy sector.
The commission makes a consistent opinion on the independence of Directors independent, and, at the latest within thirty days of the receipt of the notification of the appointment of these independent directors by the competent body of the Manager.
The Board of Directors is composed for a third at least of members of different sex than the other members.
Managers may hold, directly or indirectly, the rights to associate, regardless of the form in a supply or production of gas or electricity company. The natural gas transmission network manager may take a stake in a company managing a network of foreign natural gas to another Member State of the European Community, provided that this undertaking corresponds to one of the legal forms established by Directive 2009/73/EC and such participation provides the same guarantees as those present in the Manager of the transport network of natural gas under this Act. The transport network Manager communicates to the commission such participation as well as any modification y related. »;
2 ° to the § 1/1, paragraph 1 is replaced by the following: "natural gas supply companies, production companies of natural gas, electricity generators, electricity suppliers or intermediaries may hold only or jointly, directly or indirectly, any part of the capital of the company or any share of the company.» The actions of these companies can be combined with a right to vote. »;
3 ° to the § 1/1 two paragraphs worded as follows shall be inserted between paragraphs 1 and 2: "companies, directly or indirectly, in the production or supply of gas or electricity cannot designate the members of the Board of Directors, committees formed in her womb, of the Committee of direction of the Manager of the natural gas transmission network. , and any other body legally representing the company.
The same physical person is not allowed to be a member of the Council of supervision, the Board of directors or bodies legally representing the undertaking, and simultaneously of an undertaking performing the production or supply of natural gas and natural gas transmission network manager.
4 ° it is inserted the § § 1/2, 1/3 and 1/4, worded as follows: "§ 1/2. ''
Person or the same persons are not allowed: has) to exercise direct or indirect control over a company providing, directly or indirectly, one of the following functions: production or supply of natural gas and electricity, and a direct or indirect control or any power on the Manager of the transport network of natural gas, the natural gas storage facility manager and/or LNG facility manager;
(b) to exercise direct or indirect control over the natural gas transmission network manager, natural gas storage facility manager and/or the LNG facility manager, and direct or indirect control or one any power over an undertaking performing, directly and indirectly, one of the following functions: production or supply of natural gas or electricity.
(The powers referred to in paragraph 1, a) and (b)), aim in particular: (i) the power to exercise rights of vote, or (ii) the power to appoint members of the Board of Directors, of the Committee of direction or any bodies legally representing the undertaking, or (iii) the detention on the one hand majority.
§ 1/3. Designated managers are two Commissioners of the Government whose powers are arrested by the royal decree of 16 June 1994 establishing for the benefit of the State a specific action of Distrigaz and the Act of 26 June 2002 regulating the special rights attached to the specific actions to the benefit of the State in the SA Distrigaz and Fluxys SA within their governing boards and executive committees. These two Commissioners are from two different linguistic roles. By way of derogation to the royal decree of 16 June 1994 instituting a specific of Distrigaz for the benefit of the State and the law of 26 June 2002 regulating the special rights attached to the specific actions to the benefit of the State in the SA Distrigaz and Fluxys SA, Commissioners appointed pursuant to these provisions are appointed by the Council of Ministers.
Special rights within the abovementioned managers shall be exercised by the Minister in charge of energy.
§ 1/4. The special action for the State in the Distrigaz SA, as listed in § 1/3 and in the Act of 26 June 2002 regulating special rights attached to the specific actions to the benefit of the State in the SA Distrigaz and Fluxys SA is deleted, only as regards the Distrigaz SA. ».
S. 63. in the Act, it is inserted an article 8/5 bis, as follows: ' article 8 '. 5bis. managers preserve the confidentiality of commercially sensitive information which they have knowledge during the implementation of their activities and prevent that information on these activities which may be commercially advantageous from being disclosed in a discriminatory manner.
Managers refrain from transferring the abovementioned information to enterprises active in the production and supply of gas.
They also refrain from transferring their staff to such undertakings.
Managers, when they sell or buy a business related to or associated gas, do not improperly exploit commercially sensitive information obtained from third parties when granting access to the network or the negotiation of access to the network.
The information necessary for effective competition and the functioning of the market are made public. This obligation is without prejudice to the protection of the confidentiality of commercially sensitive information.
».
S. 64. article 8/6 of the same Act, inserted by the law of June 1, 2005, is replaced by the following: ' article 8 '. 6. sections 8, 8/1, 8/2, 8/3, 8/4, 8/5 and 8/5A apply to the combined network manager. » Art. 65. in article 15/1 of the Act, inserted by the law of 29 April 1999, replaced by the law of June 1, 2005 and amended by the Act of 27 December 2006, the following changes are made: 1 ° in the § 1, paragraph 1, items 1 ° and 2 ° shall be supplemented by the words "and ensure appropriate ways to respond to the obligations of ancillary services."
2 ° the § 1, paragraph 1, is completed by 11 ° and 12 ° worded as follows: '11 ° to inform the commission and the Directorate General of energy of any incident occurring on their networks or facilities;
12 ° to have an electronic platform organizing access to the transportation network of natural gas, natural gas storage facilities and LNG facilities and guarantee Commission and the Directorate General of energy access to these electronic platforms. »;
3 ° to § 3, item 3 ° is supplemented by the words 'according to transparent, non-discriminatory and relaxing rules on the rules of the market. "
4 ° § 3 is supplemented by items 4 ° to 8 °, worded as follows: '4 ° to build adequate cross-border capacities to integrate the European transport infrastructure by accessing all capacity requirements economically reasonable and technically feasible, and taking into account the security of natural gas supply;
5 ° to have one or several networks integrated at the regional level, as referred to in article 12, paragraph 3 of Regulation (EC) no 715/2009, covering two Member States or more, for allocating capacity and monitor the security of the network;
6 ° in the case of refusal of access to the transport network of natural gas due to a lack of capacity or a lack of connection, to carry out the necessary improvements where this is economically justified or when a potential customer is willing to pay support;
7 ° to prepare a draft of rules of managing congestion to notify to the commission and the General Directorate for energy. The commission approved this project and can ask him, so motivated to change these rules in respect of the congestion rules laid down by neighbouring countries which interconnection is concerned and in consultation with the ACER. The commission shall publish on its website the congestion management rules. The implementation of these rules is monitored by the commission in consultation with the Directorate-General of energy;
8 ° to ensure

that, when customers connected to the natural gas transmission network want to change provider, without calling in question and in respect for the duration and the terms of their contracts, this change is made within a period of maximum three weeks. »;
5 ° in § 4, the words ' of the Zeebrugge Terminal (IZT) Interconnector and "are repealed;
6 ° it is inserted the § § 5 5 in to 8 8 worded as follows: ' ' § § 5 5 Managers of the transport network of natural gas, natural gas and LNG facility storage facility shall establish each year a plan of investment for the next ten years and shall notify the commission and the General Directorate for energy.
Managers indicate in their investment plans investments subject to the launch of a procedure of open season. The commission and the Directorate General of energy can, each separately and taking the other informed, ask managers to way motivated to organise a procedure of open season for investment which they had not planned.
The Minister may also ask the commission to comment on the need to revise or the tariff methodologies laid down pursuant to article 15/5a to secure funding of the proposed investments.
§ 6. Managers of the transport network of natural gas, natural gas and LNG facility storage facility shall promote energy efficiency on their network or installation and annually submit to the Minister a report on the measures taken in this context.
For the purposes of energy efficiency, the Manager of the gas transport network natural promotes particularly interruptible contracts and non-firm reservations of capacity and meters or Smart grids.
Under smart meters, Manager of the natural gas transmission network carries out by December 31, 2012 an economic evaluation of all the costs and benefits of its counters for the market and for final customers connected to the gas transmission network, long term individually.
§ 7. Managers of the transport network of natural gas, natural gas and LNG facility storage facility shall cooperate in carrying out their missions with ACER, at the request of the latter, as well as with the European network of natural gas transmission system operators, to ensure compatibility of regulatory frameworks between the regions of the European Community defined by article 12 paragraph 3 of Regulation (EC) no 715/2009.
§ 8. Managers of the transport network of natural gas, natural gas and LNG facility storage facility shall transmit to the Directorate-General of energy copy of all the information that they are required to transmit to the commission within the framework of the code of conduct referred to in article 15/5undecies. ».
S. 66. in article 15/3 of the Act, inserted by the Act of 29 April 1999 and amended by the law of July 16, 2001, the following changes are made: 1 ° "distribution undertaking" shall be replaced by the words "a manager of distribution network";
2 ° article is supplemented by a new subparagraph as follows: 'the granting of an authorization under the first subparagraph takes into account provision authorisations issued by the regions or other States members of the European economic area.'.
S. (67. in article 15/4 of the same Act, inserted by the law of 29 April 1999, point 1 °, b), is supplemented by the words ', including transaction and adjustment and compliance with the requirements of security of supply.
S. 68. in chapter IVA of the Act, it is inserted an article 15/4A, as follows: "15/4bis. Suppliers shall provide their customers with all relevant data concerning their consumption.
Suppliers shall ensure a high level of protection of their final customers connected to the natural gas transmission network, including with regard to the transparency of the terms and conditions of contracts, General information and dispute settlement mechanisms.
Suppliers apply to final customers the rates approved in accordance with articles 15 / 5 to 15/5b and 15/5quinquies and contain a clear and detailed manner the amount of each constituent part of the final price.
».
S. 69. in chapter IVA of the Act, it is inserted an article 15/4B, worded as follows: «art.» 15/4B. Suppliers shall optimize the use of natural gas, providing, inter alia, energy management services. » Art. 70. in chapter IVA of the Act, it is inserted an article 15/4quater, worded as follows: «art.» 15/4quater.
The supplier shall keep at the disposal of the federal authorities, including the Commission, Council of competition and the Commission European, for the purpose of performing their duties, for a period of five years, the relevant data relating to all transactions in supply contracts of gas or derivatives from wholesale customers with gas and natural gas transmission system operators as well as the storage of natural gas and LNG facilities managers.
Data include information on the characteristics of the relevant transactions, such as rules to the duration, delivery and liquidation, the amount, the date and time of execution, the transaction prices and means of identifying the wholesale customer concerned, as well as the required information regarding all contracts for the supply of natural gas and instruments on non-liquid natural gas derivatives.
The commission may establish some of these data available to the players in the market, provided that is not disclosed commercially sensitive, confidential information and/or personal, on market or transactions actors determined. This paragraph does not apply to information about financial instruments which fall within the Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments, amending the Directives 85/611 / EEC and 93/6/EEC of the Council and Directive 2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22 / EEC of such as transposed into Belgian law. When the authorities referred to in paragraph 1 need access to data held by entities covered by the Directive preceding, these entities provide the requested data.
The European Commission adopted guidelines under section 44.5 of Directive 2009/73/EC. This paragraph applies to transactions involving derivative instruments on gas between suppliers, on the one hand, and to wholesale customers, the Manager of the natural gas transmission network and managers of storage facilities for natural gas or LNG, on the other hand, on the basis of these guidelines. ».
S.
71 article 15/5 bis of the same Act, inserted by the law of June 1, 2005, is replaced by the following: "§ 1.» Connection, the use of the network and/or the installation of the Manager of the transportation network of the installation Manager storage of natural gas and the installation manager of LNG and, where appropriate, the services offered by these managers pursuant to the code of conduct adopted in accordance with article 15/5undecies natural gas, subject to rates.
§ 2. After structured consultation, documented and transparent with the managers involved, the commission shall establish the tariff methodology to be used by the Manager of the natural gas transmission network, the installation of natural gas storage manager and the installation manager of LNG for the preparation of their tariff proposals.
The precise tariff methodology including: (i) the definition of the categories of costs which are covered by tariffs;
(ii) the categories of costs to which relates, if any, incentive regulation;
(iii) the rules of evolution over time of the categories of costs referred to in (i), including the method for the determination of the parameters set out in devolution formulas;
(iv) rules of allocating costs to categories of users of the network;
(v) the general tariff and the tariff components.
Consultation with the Manager of the natural gas transmission network, Manager of natural gas storage facility and LNG facility manager is under an agreement between the commission and such managers. failing agreement, consultation is held to a minimum as follows: 1 ° the commission sends to the Manager of the transport network of natural gas, the installation Manager storage of natural gas and LNG facility manager the convocation of the meetings referred to above as well as the documentation for the points made to the agenda of these meetings in a reasonable prior to such meetings. The convening mentions the place, date and time of the meeting, and points to the agenda.
2 ° following the meeting, the commission shall prepare a draft of minutes of the meeting containing the arguments put forward by the various parties and the points of agreements and disagreements recorded that it transmits to the Manager of the transport network of natural gas, the natural gas storage installation manager for approval and to the

installation manager of LNG within a reasonable time after the meeting;
3 ° within a reasonable time following receipt of the minutes of the commission approved by the parties, managers, needed to be concerted, send to the commission their formal views on the tariff methodology resulting from this consultation, highlighting any possible points remaining disagreements.
Notwithstanding the foregoing provisions, the tariff methodology can be established by the commission according to a specified procedure by mutual agreement with the Manager of the natural gas transmission network, the natural gas storage installation manager and Manager of LNG facility on the basis of an explicit, transparent and non-discriminatory agreement.

§ 3. The commission shall communicate to the House of representatives his project of tariff methodology, completeness of documents relating to the consultation with the Manager of the natural gas transmission network, the installation of natural gas storage manager and the installation manager of LNG as well as all documents as it considers necessary for the motivation of its decision on the tariff methodology while preserving the confidentiality of commercially sensitive information providers or users of the network, personal data and/or data whose confidentiality is protected under specific legislation.
The commission shall publish on its website the applicable tariff methodology, completeness of the parts relating to consultation with the Manager of the natural gas transmission network, Manager of natural gas storage facility and LNG facility manager and all documents as it considers useful to the motivation of its decision on the methodology tariff, while preserving the confidentiality of the information commercially sensitive regarding suppliers or users of the network and/or facilities personal data and/or data whose confidentiality is protected under specific legislation.
§ 4. Tariff methodology specified under § 3 and applicable to the establishment of the tariff proposal is communicated to the Manager of the transport network of natural gas, the natural gas storage installation manager and Manager of LNG facility no later than six months before the date on which the tariff proposal must be lodged with the commission. The changes shall be reasoned.
The tariff methodology remains in effect throughout the tariff period, including the closing of the balances at this time. Changes to the tariff methodology set during the tariff period, in accordance with paragraph 2, shall apply only from the following tariff period, unless explicit, transparent and non-discriminatory agreement between the commission and managers.
§ 5. The commission shall establish the tariff methodology in compliance with the following guidelines: 1 ° the tariff methodology should be comprehensive and transparent, so that the Manager of the transport network of natural gas, the natural gas storage installation manager and LNG facility manager to establish their tariff proposals on that basis alone. It includes elements that must be included in the proposed tariff. It defines the report templates to use by these managers;
2 ° the tariff methodology must cover all costs necessary or effective enforcement of the legal or regulatory obligations imposed to the Manager of the transport network of natural gas, the natural gas storage installation manager and Manager of LNG facility as well as for the exercise of their activities efficiently;
3 ° the tariff methodology fixed the number of years of the regulatory beginning January 1. The annual rates that result are determined pursuant to the tariff methodology for this period;
4 ° the tariff methodology enables the balanced development of transport network natural gas, natural gas and/or LNG facility storage facility, according to the managers of this network investment plan and such facilities as approved, where appropriate, by the competent authorities;
5 ° any rejection of certain costs criteria are non-discriminatory and transparent;
6 ° tariffs are non-discriminatory and proportionate. They meet a transparent allocation of costs;
7 ° the pricing structure promotes the rational use of energy and infrastructure;
8 ° the different rates are uniform on the territory served by the Manager of the transport network of natural gas, the natural gas storage installation manager and LNG facility manager;
9 ° the normal remuneration of the capital invested in regulated assets must allow the Manager of the transport network of natural gas, the natural gas storage installation manager and the LNG facility manager to make the investments necessary for the performance of their duties;
in the case of differential treatment regarding the remuneration of capital, or durations of depreciation between managers, the difference shall be duly substantiated by the commission;
10 ° flexibility services are provided in the most effective way in terms of costs and provide the users of the incentive appropriate elements so that they balance their injection and their removal. Rates for these services are equitable non-discriminatory and based on objective criteria;
11 ° the net costs of the public service tasks imposed by the law, decree or Ordinance and their execution orders are taken into account in the tariffs transparent and non-discriminatory manner, in accordance with the laws and regulatory provisions applicable;
12 ° the taxes, duties, overloads and contributions of all kinds imposed by law, decree or Ordinance and their execution orders are added to rates automatically and within the periods prescribed by the procedure of introduction and approval of tariffs. The commission may check the conformity of these costs with the legislative and regulatory provisions applicable;
13 ° the purchases of goods and services made in compliance with the legislation on public procurement are deemed to be made at the market price, subject, where appropriate, at the discretion of the commission.
14 ° the methodology determines the modalities for integration and control of the stranded costs constituted by loads of supplementary pension or pension for public sector non-capitalised, paid to agents who provided a controlled activity of transport of natural gas, storage of gas natural LNG, due for years prior to liberalization under the statutes conventions paid to their dependants or reimbursed to their employer by a natural gas transmission network manager, collective work, or other conventions sufficiently formalized, approved before April 30, 1999, installation of storage of natural gas or LNG facility, which can be integrated into rates;
15 ° for the determination of the (positive or negative) balances which it decides the allocation for the period following regulatory, the commission fixed the categories of costs not subject to a possible incentive regulation which constitute debts or claims regulatory and which are recovered by or made through rates during the period following regulatory;
16 ° any method of controlling costs based on comparison techniques must take account of objective differences between managers and which cannot be eliminated at the initiative of the concerned Manager.
Any decision using comparison techniques incorporates qualitative parameters and is based on homogeneous, transparent, reliable and published or fully releasable data in the motivation of the decision of the commission.
The reasonableness of the costs is appreciated by comparison with the corresponding costs of companies engaged in similar activities in similar conditions, taking into account existing regulatory or regulatory specifics in international comparisons;
17 ° productivity efforts eventually imposed on the Manager of the transport network of natural gas, the natural gas storage installation manager and Manager of LNG facility can endanger, short or long term, the safety of persons or property and continuity of supply;
18 ° the subsidies cross between regulated and unregulated activities is not permitted;
19 ° rates encourage the natural gas transmission network manager, Manager of natural gas storage facility and LNG facility manager to improve performance, to promote the integration of the market and the security of supply and to conduct the research and development necessary for their activities;
20 ° costs referred to in points 11 °, 12 ° and 14 °, financial expenses as well as costs other than those referred to in paragraph 2 (ii) are subject to decisions based on methods of comparison, or an incentive regulation;
21 ° methodology

tariff applicable to facilities extensions or new installations of natural gas for storage and facilities extensions or new transmission facilities of transportation of natural gas from LNG as well as facilities extensions or new natural gas transmission facilities may waive tariffs of connection and use of the natural gas transmission network in order to allow long term development;
22 ° rates are intended to provide a balance between the quality of the services provided and prices paid by final consumers;
The commission may check the conformity of the costs of the Manager of the transport network of natural gas, the installation Manager storage of natural gas and LNG facility with legislative and regulatory provisions Manager applicable.
§ 6. The natural gas transmission network manager, Manager of natural gas storage facility and LNG facility manager establish their tariff proposals in respect of the tariff methodology established by the commission and introduce them in the respect of the procedure for the introduction and approval of tariffs.
§ 7. The commission examines the tariff proposal, decides the approval of and communicate its reasoned decision to the Manager in respect of the procedure for the introduction and approval of tariffs.
§ 8. The procedure of introduction and approval of tariff proposals subject of an agreement between the commission and the Manager of the transport network of natural gas, the natural gas storage installation manager as well as the LNG facility manager. failing agreement, the procedure is as follows: 1 ° the Manager submits, within a reasonable time before the end of the last year of each period current regulatory, its tariff proposal accompanied by the budget for the period following regulatory in the form of the report model determined by the commission in accordance with § 5;
2 ° the tariff, together with the budget proposal, is transmitted in three copies by hand with acknowledgement of receipt to the commission. The Manager also transmits an electronic version on which the commission may, if necessary rework the tariff proposal accompanied by budget;
3 ° within a reasonable time following receipt of the tariff proposal accompanied by the budget, the commission confirms to the Manager by letter by carrier with acknowledgment of receipt, as well as by e-mail that the file is complete or it sent him a list of the additional information it will provide.
Within a reasonable time following receipt of the letter referred to in the paragraph above in which additional information was requested, the manager shall transmit this information to the commission in triplicate by letter by carrier with acknowledgment of receipt.
The Manager also transmits an electronic version of responses and additional information to the commission;
4 ° within a reasonable time following receipt of the tariff proposal referred to the 2 ° or, where appropriate, within a reasonable period following receipt of the responses and information manager referred to 3 °, the commission shall inform the Manager by letter by carrier with acknowledgment of receipt, of its decision to approve or its draft decision of refusal of the tariff proposal concerned accompanied by the budget.
In its decision of refusal of the accompanied by tariff proposal of the budget draft, the commission indicates in a manner motivated the points that the Manager must adapt in order to obtain a decision of approval of the commission. The commission is empowered to ask the Manager to modify its tariff proposal to ensure that it is proportionate and applied in a non-discriminatory manner;
5 ° If the commission denies tariff proposal accompanied by a manager's budget in its draft decision of refusal of the accompanied by tariff proposal of the budget, this Manager can communicate its objections on this matter to the Committee within a reasonable time following receipt of the draft decision.
These objections are transmitted to the commission by carrier with acknowledgment of receipt, as well as in electronic form.
The Manager is heard, at his request, within a reasonable time after receipt of the draft decision of refusal of the accompanied by tariff proposal of the budget by the commission.
Where appropriate, the manager shall submit, within a reasonable time following receipt of the draft decision of refusal of the tariff proposal accompanied the budget to the commission by carrier with acknowledgment of receipt in triplicate its appropriate tariff proposal accompanied by budget. The Manager also delivers an electronic copy to the commission.
Within a reasonable time following the sending by the commission on the draft decision of refusal of the accompanied by tariff proposal of the budget or, where appropriate, within a reasonable time after receipt of the objections as well as accompanied by appropriate tariff proposal of the budget, the commission shall inform the Manager, by letter by hand with acknowledgement of receipt, as well as by electronic means decision of approval or a decision of refusal of the tariff proposal, where appropriate adapted, accompanied the budget;
6 ° If the Manager does not his obligations within the time limits referred to in points 1 ° to 5 °, or if the commission took the decision of refusal of the tariff proposal accompanied by budget or accompanied by the appropriate budget, interim rates adapted tariff proposal shall apply until all objections of this Manager or the commission are exhausted or until an agreement between the commission and the Manager on the contentious points. The commission is empowered, after consulting with the Manager, to adopt appropriate compensatory measures when the final tariffs deviate from these interim rates;
7 ° in the case of passage of new services and/or adaptation of existing services, the Manager may submit a tariff proposal updated for the approval of the commission in the period regulatory. This updated tariff proposal takes into account the proposed tariff approved by the commission, without altering the integrity of the existing tariff structure.
The present proposal is introduced by the Manager and addressed by the commission in accordance with the procedure applicable, as referred to in 1 ° to 6 °, being understood that the time limits referred are reduced by half;
8 ° if exceptional circumstances occur during a period regulatory independently of the will of the Manager, may at any time of the period regulatory submit for the approval of the commission a request reasoned revision of its tariff proposal, with regard to the subsequent years of the term regulatory.
Reasoned request for the revision of the tariff proposal is introduced by the Manager and treated by the commission under the procedure referred to in items 1 ° to 6 °, being understood that the time limits referred are reduced by half;
9 ° the commission shall, without prejudice to its ability to control costs on the basis of the legal and regulatory provisions applicable, the Manager of the natural gas transmission network tariffs, Manager of storage of natural gas and the installation manager LNG to all amendments to the public service obligations, including regional, which apply to them , at the latest within three months of the transmission by these managers of such changes. The natural gas transmission network manager, Manager of natural gas storage facility and LNG facility manager transmit these changes to the commission in the best time after their entry into force;
10 ° the commission publishes on its website, in a transparent manner, the State of the procedure for adoption of the tariff proposals so that, where appropriate, the tariff proposals filed by the network manager.

§ 9. The commission establishes the tariff methodology and its tariff jurisdiction so as to foster a stable and predictable regulation contributing to the proper functioning of the free market, and allowing the financial market to determine with reasonable certainty the value of the Manager.
It ensures the continuity of the decisions it has taken during the periods prior regulatory, including assessment of regulated assets.
§ 10. The commission exercises its jurisdiction rate taking into account the policy of energy as defined in the legislation and the European, federal and regional regulations.
§ 11. For the sake of transparency in the impact of the costs to the final customer, the various elements of the tariff are distinguished on the invoice, in particular as regards the public service obligations and their content.
§ 12. Accounting Manager of the transport network of natural gas, the Manager of storage of natural gas and LNG facility manager facility was held according to a plan accounting analytical uniform by activity, established on a proposal from the managers and approved by the commission, or, in the absence of proposal before October 1, 2011, established by the commission in consultation with the managers.
§ 13. The commission

published within three working days of their approval and maintains on its website rates and their motivation, while preserving the confidentiality of commercially sensitive information regarding suppliers or users of the network and/or facilities, personal data or data which confidentiality is protected under specific legislation.
The natural gas transmission network manager, Manager of natural gas storage facility and LNG facility manager shall, as soon as possible, users of their network installation rates that they must apply and shall make it available to all who request them. They communicate them also in the shortest time limits on their internet site, with a calculation module specifying the practical application of tariffs.
Applied rates may not have retroactive effect.
§ 14. The tariff methodology established by the commission as well as decisions on the tariff proposals made by it pursuant to this tariff methodology can be appealed to the Court of appeal of Brussels by any person establishing an interest in application of article 15/20.
Such an action may in particular be introduced when:-the commission's decision does not meet the guidelines referred to in this article;
-the decision of the commission does not respect the General energy policy such as defined in the legislation and the European, federal and regional regulations;
-the decision of the commission does not guarantee the necessary means for the realization of the investments of the Manager of the transport network of natural gas, the Manager of storage of natural gas and LNG facility manager facility and the maintenance of their infrastructure or the performance of their legal tasks. ».
S. 72. article 15/5ter of the Act, inserted by the law of June 1, 2005, is replaced by the following: "§ 1.» Connection, using networks and, where appropriate, ancillary services, distribution network managers subject to tariffs.

§ 2. After consultation with the regional regulators and structured, documented and transparent consultation with the distribution network managers, the commission establishes the tariff methodology to be applied by the managers for the preparation of their tariff proposals.
The precise tariff methodology including: (i) the definition of the categories of costs which are covered by tariffs;
(ii) the categories of costs which may be the incentive regulation;
(iii) the rules of evolution over time of the categories of costs referred to in (i), including the method for the determination of the parameters set out in devolution formulas;
(iv) rules of allocating costs to categories of users of the network;
(v) the general tariff and the tariff components.
Consultation with the managers of distribution network is under an agreement between the commission and such managers. failing agreement, the consultation was held at least as follows: 1 ° the commission sends to the managers of distribution network, in the language of the Manager of the distribution network, the convocation of the meetings as well as the documentation for the points made to the agenda of these meetings in a reasonable prior to such meetings. The convening mentions the place, date and time of the meeting, and points to the agenda.
2 ° following the meeting, the commission shall draw up a draft minutes of meeting with the arguments advanced by the various parties and the points of agreement and disagreement found; It shall forward that report for approval, distribution network managers, in the language of the Manager of the distribution network in a reasonable time after the meeting.
3 ° within a reasonable time following receipt of the minutes of the commission approved by parties, distribution system operators, if necessary after to be concerted, send to the commission their resulting from this consultation formal tariff methodology view, highlighting where appropriate any remaining disagreements, both in relation to the proposal of the commission between them.
Notwithstanding the foregoing provisions, the tariff methodology can be established by the commission according to a specified procedure by mutual agreement with the managers of distribution network on the basis of an explicit, transparent and non-discriminatory agreement.
§ 3. The commission shall notify the House of representatives his proposed tariff methodology, completeness of documents relating to consultation with managers of network of distribution as well as all documents that it considers necessary for the motivation of its decision on tariff methodology, while preserving the confidentiality of commercially sensitive information regarding suppliers or users of the network personal data and/or data whose confidentiality is protected under specific legislation.
The commission publishes on its website the applicable tariff methodology, completeness of the parts relating to consultation with the distribution network managers and all documents as it considers useful to the motivation of its decision on tariff methodology, while preserving the confidentiality of the information commercially sensitive regarding suppliers or users of the network, the data personal data privacy is protected under specific legislation.
§ 4. The tariff methodology specified under § 3 and applicable to the establishment of tariff proposals is communicated to distribution network managers no later than six months before the date on which the tariff proposal must be lodged with the commission.
This tariff methodology remains in effect throughout the tariff period, including the closing of the balances at this time. The tariff methodology changes during the period, in accordance with the provisions of § 2, apply only from the following tariff period, unless explicit, transparent and non-discriminatory agreement between the commission and managers of distribution network. The changes shall be reasoned.

§ 5. The commission shall establish the tariff methodology in compliance with the following guidelines: 1 ° the tariff methodology should be comprehensive and transparent, so as to enable distribution network managers to establish their tariff proposals on that basis alone.
It includes elements that must be included in the proposed tariff. It defines the report templates to use by these managers;
2 ° the tariff methodology required to cover efficiently all costs necessary or effective for the execution of the legal or regulatory obligations imposed on network operators of distribution, as well as for the exercise of their activities;
3 ° the tariff methodology fixed the number of years of the regulatory beginning January 1. The annual rates that result are determined pursuant to the tariff methodology for this period;
4 ° the tariff methodology enables the balanced development of distribution networks, in accordance with the different investment plans of these such managers approved, where appropriate, by the competent authorities;
5 ° any rejection of certain costs criteria are non-discriminatory and transparent;
6 ° tariffs are non-discriminatory and proportionate. They meet a transparent allocation of costs;
7 ° the pricing structure promotes the rational use of energy and infrastructure;
8 ° the different rates are uniform on the territory served by the Manager of the distribution network;
9 ° the normal remuneration of the capital invested in regulated assets must allow distribution network managers to make the investments necessary for the performance of their duties;
10 ° the net costs of the public service tasks imposed by the law, decree or Ordinance and their orders of execution and not financed by taxes, fees, contributions and surcharges referred to 11 °, are taken into account in a transparent and non-discriminatory in accordance with legislative and regulatory tariffs applicable;
11 ° the taxes, duties, overloads and contributions of any kind imposed by the law, decree or Ordinance and their execution orders are added to rates automatically and within the periods prescribed by the procedure of introduction and approval of tariffs. The commission can control these costs on the basis of legislative and regulatory provisions applicable;
12 ° the purchases of goods and services made in compliance with the legislation on public procurement are deemed made at the market price, subject, where appropriate, at the discretion of the commission.
13 ° the methodology determines the modalities for the integration and control stranded costs constituted by loads of supplementary pension or non-capitalized public sector pensions, paid to the

agents who provided a regulated natural gas distribution activity, due to years prior to liberalization under the statutes, conventions, collective work, or other conventions sufficiently formalized, approved before April 30, 1999, or paid their privies or reimbursed to their employer by a distribution network manager, can be incorporated into the rates;
14 ° for determination of balances, positive or negative, she decides the allocation for the period following regulatory, the commission sets out the costs referred to 10 °, 11 ° and 13 ° and costs other than those referred to in paragraph 2 (ii) which shall be recovered or in rates of the next period.
15 ° subject to the control of conformity of commission rates allow distribution network manager whose effectiveness lies in the middle of the market to recover all of its costs and a normal return on capital. Any method of controlling costs based on comparison techniques must take account of objective differences between managers of distribution network and which can be eliminated at the initiative of the concerned Manager.
Any decision using comparison techniques incorporates qualitative parameters and is based on homogeneous, transparent, reliable and published or fully releasable data in the motivation of the decision of the commission.
Any comparison with other managers of distribution network is made between companies with similar activities in similar circumstances;
16 ° productivity efforts eventually taxed at distribution network managers can jeopardize short or long term the security of persons or property and continuity of supply;
17 ° the subsidies cross between regulated and unregulated activities is not permitted;
18 ° rates encourage distribution network managers to improve performance, to promote the integration of the market and the security of supply and to conduct the research and development necessary for their activities, taking particular account of their approved such investment plans, where appropriate, by the competent regional authorities;
19 ° the costs referred to 10 °, 11 ° and 13 ° are subject to decisions based on comparison methods, or to an incentive regulation;
20 ° rates are intended to provide a balance between the quality of the services provided and prices paid by final consumers.
The commission can control the costs of managers of distribution network based on the legislative and regulatory provisions applicable.
§ 6. Distribution network managers establish their tariff proposals in respect of the tariff methodology established by the commission and introduce them in the respect of the procedure for the introduction and approval of tariffs.

§ 7. The commission examines the tariff proposal, decides the approval of and communicate its reasoned decision to the Manager of distribution network in respect of the procedure for the introduction and approval of tariffs.
§ 8. The procedure of introduction and approval of tariff proposals subject of an agreement between the commission and managers of distribution network.
failing agreement, the procedure is as follows: 1 ° the distribution network manager submits, within a reasonable time before the end of the last year of each period current regulatory, its tariff proposal accompanied by the budget for the period following regulatory in the form of the model report established by the commission in accordance with § 5;
2 ° accompanied by tariff proposal of the budget is passed in three copies by hand with acknowledgement of receipt to the commission. Manager of distribution network also transmits an electronic version on the basis of which the commission may, if necessary, rework the tariff proposal accompanied by budget;
3 ° within a reasonable time following receipt of the tariff proposal together with the budget, the commission confirms the Manager of distribution network, by letter by hand with acknowledgement of receipt, as well as electronic mail, that the record is complete or it sent him a list of the additional information it will provide.
Within reasonable following receipt of the above-mentioned letter in which additional information was requested, the distribution network manager passes this information to the commission in triplicate by letter by carrier with acknowledgment of receipt. Manager of distribution network also transmits an electronic version of responses and additional information to the commission;
4 ° within a reasonable time following receipt of the tariff proposal referred to the 2 ° or, where appropriate, within a reasonable time following receipt of answers and information manager of network of distribution referred to in the 3rd, the commission informs this Manager by letter by carrier with acknowledgment of receipt of decision of approval or its draft decision of refusal of the tariff proposal accompanied by the concerned budget.
In its decision of refusal of the accompanied by tariff proposal of the budget draft, the commission indicates in a manner motivated the points distribution network manager must adapt in order to obtain a decision of approval of the commission. The commission is entitled to apply to the Manager of the distribution network to modify its tariff proposal to ensure that it is proportionate and applied in a non-discriminatory manner;
5 ° If the commission denies tariff proposal accompanied by the Manager of distribution network's budget in its draft decision of refusal of the accompanied by tariff proposal of the budget, this Manager can communicate its objections on this matter to the Committee within a reasonable time following receipt of the draft decision.
These objections are transmitted to the commission by carrier with acknowledgment of receipt, as well as in electronic form.
Manager of distribution network is heard, at his request, within 20 working days after receipt of the draft decision of refusal of the accompanied by tariff proposal of the budget by the commission.
Where appropriate, the distribution system operator submits, within a reasonable time following receipt of the draft decision of refusal of the tariff proposal accompanied the budget to the commission by carrier with acknowledgment of receipt in triplicate its appropriate tariff proposal accompanied by budget. Manager of distribution network also delivers an electronic copy to the commission.
Within a reasonable time following the sending by the commission on the draft decision of refusal of the accompanied by tariff proposal of the budget or, where appropriate, within a reasonable time after receipt of the objections as well as accompanied by appropriate tariff proposal of the budget, the commission shall inform the Manager of distribution network, by letter by carrier with acknowledgment of receipt , as well as by electronic means, of its decision of approval or a decision of refusal of the proposed tariff, if appropriate, accompanied by budget;
6 ° If the distribution network manager fails not his obligations within the time limits referred to in 1 ° to 5 °, or if the commission took the decision of refusal of the tariff proposal accompanied by budget or adapted tariff proposal accompanied by budget adapted, interim rates shall apply until all objections of this Manager or the commission are exhausted or until an agreement is reached between the commission and the
Manager of distribution network on the contentious points. The commission is empowered, after consulting with the Manager of distribution network, to adopt appropriate compensatory measures when the final tariffs deviate from these interim rates;
7 ° in the case of passage of new services and/or adaptation of existing services, the distribution system operator may submit a tariff proposal updated for the approval of the commission in the period regulatory. This updated tariff proposal takes into account the proposed tariff approved by the commission, without altering the integrity of the existing tariff structure.
The updated proposal is introduced by the distribution network manager and processed by the commission in accordance with the procedure applicable, referred to in 1 ° to 6 ° outlined above, on the understanding that the time limits referred are reduced by half;
8 ° if exceptional circumstances occur during a period regulatory independently of the will of the distribution system operator, may at any time of the period regulatory submit for the approval of the commission a request reasoned revision of its tariff proposal, with regard to the subsequent years of the term regulatory.
Reasoned request for the revision of the tariff proposal is introduced by the distribution network manager and processed by the commission under the procedure referred to in 1 ° to 6 ° being understood that the time limits referred are reduced by half;
9 ° the commission shall, without prejudice to its ability to control costs on the basis of the legal and regulatory provisions applicable,

rates for managers of distribution network to all amendments to the public service obligations, including regional, which apply to them, at the latest within three months of the transmission by these managers of such changes. Distribution system operators shall transmit these changes to the commission in the best time after their entry into force;
10 ° the commission publishes on its website, in a transparent manner, the State of the procedure for adoption of the tariff proposals so that, where appropriate, the tariff proposals filed by the network manager.
§ 9. The commission establishes the tariff methodology and its tariff jurisdiction so as to foster a stable and predictable regulation contributing to the proper functioning of the free market, and allowing the financial market to determine with reasonable certainty the value of distribution network manager. It ensures the continuity of the decisions it has taken during the periods prior regulatory, including assessment of regulated assets.
§ 10. The commission exercises its jurisdiction rate taking into account the policy of energy as defined in the legislation and the European, federal and regional regulations.
§ 11. For the sake of transparency in the impact of the costs to the final customer, the various elements of the tariff are distinguished on the invoice, in particular as regards the public service obligations and their content.
§ 12. Accounting distribution network managers was held on a uniform activity analytical accounting plan established on the proposal of one or more managers representing at least septante-cinq per cent of enterprises engaged in the same business and approved by the commission or absence of proposals before October 1, 2011, established by the commission after consultation with the distribution network managers.
§ 13. The commission shall publish within three working days of their approval and maintains on its website rates and their motivation, while preserving the confidentiality of commercially sensitive information regarding suppliers or users of the network, personal data and/or data including confidentiality is protected under specific legislation.
Distribution system operators shall, as soon as possible, users of their networks tariffs they should apply and shall make it available to all who request them. They communicate them also in the shortest time limits on their Internet site, with a calculation module specifying the practical application of the rates. Applied rates may not have retroactive effect.
§ 14. The tariff methodology established by the commission as well as decisions on the tariff proposals made by it pursuant to this tariff methodology can be appealed to the Court of appeal of Brussels by any person establishing an interest in application of article 15/20.
Such an action may in particular be introduced when:-the commission's decision does not meet the guidelines referred to in this article;
-the decision of the commission does not respect the General energy policy such as defined in the legislation and the European, federal and regional regulations;
-the decision of the commission does not guarantee the necessary means for the realization of investment of distribution network managers or execution of their legal mission. ».
S. 73. article 15/5 of the same Act, inserted by the law of June 1, 2005 and amended by the law of July 20, 2006, is replaced by the following: «art.» 15/5. The commission motivates and fully justifies and detail its decisions in tariff matters, both at the level of methodologies tariff with tariff proposals, in order to allow judicial review. Where a decision is based on grounds of economic or technical nature, motivation takes all elements which justify this decision.
When these decisions are based on a comparison, motivation includes all the data taken into account for this comparison.
Under its duty of transparency and motivation, the commission shall publish on its Internet site, scope individual or collective acts adopted in performance of its tasks under articles 15/5a to 15/5quinquies, as well as any preparatory act, expert comment by consulted parties report y related. It ensures that advertising by preserving the confidentiality of commercially sensitive information and/or personal data.
The commission shall establish to this end, after consultation of the relevant natural gas undertakings, guidelines identifying the information falling within the scope of confidentiality.
The commission attached to its final act a comment justifying the taking into account of the comments made by the parties consulted. ».
S. 74. article 15/5quinquies of the Act, inserted by the Act of June 1, 2005 and repealed by the law of April 29, 2010, was re-established in the following wording: «art.» 15/5quinquies. § 1. The Royal Decrees of 8 June 2007 concerning the general rate structure and the basic principles and procedures for rates and accounting managers referred to in the Act of 12 April 1965 on the transport of gas and other pipelines and active on the Belgian territory, for their extensions of facilities or their new installations of gas for storage of natural gas transmission and their extensions of facilities or their new facilities transport of natural gas from LNG, as well as for their extensions of facilities or their new installations of natural gas transmission capacity intended to transit and necessary to enable long term of these facilities development and relating to the methodology for determining the total income includes fair margin, the General, the principles of basic rates tariff structure , the procedures, the publication of the rates, annual reports, accounting, cost control, income gaps of managers and the formula objective of indexing covered by the Act of 12 April 1965 on the transport of gaseous and other pipeline products, as well as the royal decree of 2 September 2008 on pricing and control of revenue total and fair margin rules the general tariff structure, the balance between the costs and revenues and the basic principles and procedures in the proposal and approval of tariffs, the report and the control of costs by the managers of the networks of distribution of natural gas, as confirmed by the Act of 15 December 2009 on confirmation of various Royal orders made under the Act of 29 April 1999 on the organisation of the electricity market and Act of 12 April 1965 on the transport of gaseous and other products by pipelines, are repealed.
§
2. on a transitional basis, the commission may extend the rates existing at the date of publication of the Act of January 8, 2012, on the amendments to the Act of 29 April 1999 on the organisation of the market of electricity and of the Act of 12 April 1965 on the transport of gaseous and other products by pipelines or take other transitional measures it may deem appropriate following the entry into force of the aforementioned law until the adoption of tariff methodologies pursuant to articles 15/5A and 15/5b above. When it makes use of this paragraph, the commission takes into account guidelines article 15/5 bis, § 5, as well as those of article 15/5b, § 5. ».
S. 75 items 15/5sexies 15/5decies of the same Act, inserted by the Act of June 1, 2005, are repealed.
S. 76 A section 15/5duodecies of the same Act, inserted by the law of June 1, 2005 and amended by the Act of 27 December 2006, the following changes are made: 1 ° in the § 1, the words ", as well as significant increases in the capacity of existing installations and modifications of these facilities for the development of new sources of gas supply. ' shall be inserted between the words 'the interconnectors with neighbouring States, LNG and storage facilities' and the words 'may benefit from a derogation ';
2 ° to the § 1, the words "on a proposal from the Minister and" are inserted between the words "granted by the King" and the words "after consultation with the Commission."
3 ° it is inserted with § § 1bis and 1B worded as follows: "§ 1bis.»
The claim by virtue of § 1 shall be lodged with the Minister, who instructed him on the basis of the procedure laid down in the § § 1B to 4.

§ 1B. If the installation concerned is located on the territory of several Member States, the ACER may submit to the Minister and to the competent authorities of other concerned Member States an advisory opinion, they can use as the basis of their decision within a period of two months from the date of receipt of the claim by the last of those authorities.
If all the authorities concerned reach an agreement on the claim within a period of six months from the date of receipt thereof by the last of the authorities, they shall inform the ACER of their decision.

The ACER has the responsibilities conferred by this article to the authorities concerned: a) if all the authorities concerned are not reached an agreement within a period of six months from the date on which the claim for exemption was received by the last of those authorities; or (b)) at the joint request of the authorities concerned.
All the relevant authorities may jointly request that the period referred to in paragraph 3, a) be extended for a period of up to three months.
Before taking a decision, the ACER consults the authorities concerned and the applicants. »;
4 ° § 2, paragraph 1, is replaced by the following: 'the exemption may cover all or part, respectively, the new installation or significantly augmented existing installation.';
5 ° to § 2, paragraph 2, the words "the interconnections with the neighbouring States' shall be replaced by the words" infrastructure ";
6 ° in § 2, paragraph 3, the words 'for the duration of the contracts' shall be replaced by the words ", in particular";
7 ° the § § 3 and 4 are replaced by the following: "§ § 3 3» Before granting an exemption, the King, on the proposal of the Minister and after consultation of the commission, may adopt rules and mechanisms for management and allocation of capacity. The rules require that all potential users of the infrastructure are invited to indicate their interest in contracting capacity before the allocation of the capacity of the new infrastructure takes place, including for their own use.
Congestion management rules include the obligation to offer unused capacity on the market and require the users of the infrastructure to be able to negotiate their capabilities subscribed on the secondary market.
In the assessment of the criteria referred to the § 1, 1 °, 2 ° and 5 °, account shall be taken of the results of that capacity allocation procedure.
The derogation decision, including any conditions referred to in § 2, is duly reasoned and published in the Moniteur Belgian, accompanied by the opinion of the Committee.
§ 4. The Minister shall promptly transmit to the Commission a copy of every request for exemption, upon receipt. It shall notify without delay to the European Commission decision and all relevant information is related. This information can be communicated to the Commission in aggregate form to enable it to properly base its decision.
This information includes: has) the detailed reasons on the basis of which the exemption was granted or refused, and a reference to the § 1 including the points relevant that paragraph on which this decision is based, including financial data, demonstrating that it was necessary;
b) analysis on the impact of the granting of the derogation on the competition and the functioning of the internal market of natural gas;
c) justifications for the duration and the share of the total capacity of the gas installation concerned for which the exemption is granted;
d) if the exemption relates to an interconnector, the result of consultation with the authorities of the other Member States of the European Union concerned;
and (e)) the contribution of the installation to the diversification of gas supply.
Within a period of two months from the next day the receipt of a notification, the Commission may adopt a decision requiring that the decision to grant a derogation be modified or withdrawn.
This two-month time limit may be extended for a further period of two months if the Commission requests additional information. This period runs from the day following that of the receipt of the additional information. The initial two month period can also be extended by mutual agreement between the European Commission and the Minister.
If the requested information is not provided within the period specified in the request, the notification is deemed to have been withdrawn, unless the period is extended before its expiration by agreement between the Commission and the Minister, or that the Minister has informed the European Commission, before the expiry of the time limit, and by a duly reasoned statement that it considers the notification as being complete.
The Minister shall comply with the decision of the European Commission requesting the modification or withdrawal of the exemption decision within a period of one month and shall inform the European Commission.
Approval of an exemption by the Commission decision loses effect two years after its adoption if construction of the facility has not yet begun, and five years from its adoption if the installation has not become operational, unless the Commission decides that a delay is due to major obstacles beyond the control of the person entitled to the exemption. ».
S. 77. article 15/6 of the same Act, inserted by the law of 29 April 1999 and amended by the law of June 1, 2005, is complemented by a new subparagraph as follows: "managers of the transportation of natural gas and natural gas storage facility network Publish on their Web sites or part of these storage facilities and Linepack installations to which final consumers connected to the transport network can. access. ».
S. 78A article 15/7 of the same Act, inserted by the law of 29 April 1999 and amended by the Act of June 1, 2005, the following changes are made: 1 ° the § 1, 3 °, is replaced by the following: "3 ° access to the network creates, or create economic and financial difficulties for the transport company in question due to the ' take-or-pay commitments accepted in one or more gas-purchase contracts in accordance with. the procedure laid down in paragraph 3. »;
2 ° in § 2, paragraph 1, the words 'shall be' are replaced by the words "shall be duly reasoned and justified."
3 ° to § 2, paragraphs 2 and 3 are replaced by the following: 'managers shall send the commission their decisions motivated refusal of access.';
4 ° it is inserted a paragraph 3 as follows: "§ § 3 3» Any refusal of access in application of § 1, 3 ° is subject to authorisation by the commission.
When a transport company refuses access to its network on this basis, it addresses without delay an application for derogation to the commission, which shall act on the basis of the following procedure.
The claims are accompanied by all the useful information on the nature and extent of the problem and on the efforts made by the transport undertaking to resolve. If no reasonable alternative presents itself, and in light of the criteria which follow in paragraph 5, the commission may decide to grant a derogation.
The commission shall notify without delay to the European Commission its decision to grant a derogation, accompanied by all relevant information relating to it. This information can be communicated to the Commission in aggregate form to enable it to properly base its decision.
Within a period of eight weeks from the receipt of this notification, the Commission may request that the commission amend or withdraw the decision to grant a derogation. If the commission does not give this request within a period of four weeks, a final decision is taken without delay under the consultation procedure referred to in article 51, paragraph 2 of Directive 2009/73/EC.
For deciding on the derogations referred to in this paragraph, the commission and the European Commission take into account, inter alia, of the following criteria: has) the objective of achieving a competitive gas market;
b) the need to fulfil public service obligations and to ensure security of supply;
(c) the situation of the carrier on the gas market and the actual situation of competition in this market;
d) the seriousness of the economic and financial difficulties faced by natural gas undertakings and transport companies or end-customers;
e) the dates of signature and terms of the contract or contracts in question, including the extent in which they allow to take account of the evolution of the market;
f) efforts to resolve the problem;
g) extent to which, at the time to accept undertakings ' take or pay ' in question, the transport undertaking could reasonably have foreseen, having regard to the provisions of this directive, that serious difficulties were likely to occur;
(h) the level of connection of the network to other networks and the degree of interoperability of these networks); and i) incidence that would be granting a derogation on the correct application of this Act in relation to the proper functioning of the internal market for natural gas.
A decision on a request for a derogation concerning contracts "take or pay", concluded before August 4, 2003, should not lead to a situation in which it is impossible to find other profitable outlets. In any case serious difficulties are not expected to exist as long as sales of natural gas do not fall below the level of guarantees of minimum application contained in contracts "take or pay» buying gas or to the extent where either the contract" take or pay "relevant gas purchase can be adapted or the natural gas undertaking may find other outlets.
Natural gas undertakings which have not been granted an exemption under this paragraph cannot

or can no longer deny access to the network because of commitments ' take or pay ' accepted in a gas purchase contract.
Any derogation granted under the present paragraph is duly substantiated and subject of a publication in the Official Journal of the European Union by the European Commission. ».
S. 79. in article 15/9 of the same Act, inserted by the law of 29 April 1999 and amended by the Act of June 1, 2005, the following changes are made: 1 ° the words 'in accordance with article 20 of Directive 2003/55"are repealed;
2 ° article is supplemented by a paragraph worded as follows: 'these measures apply the objectives are fair and open, access the creation of a competitive natural gas market and the prevention of the abuse of dominant position, taking into account security and regularity of supplies, capacity which is or can reasonably be made available and the protection of the environment.
The following items are taken into account: a) the need to refuse access where there is, in the technical specifications, a conflict which cannot be reasonably overcome;
(b) the need to avoid difficulties which cannot be reasonably overcome and could prejudice the effectiveness of the current and planned production for the future, of hydrocarbons, including that from fields including economic viability is low;
c) the need to respect the reasonable and duly justified needs of the owner or the Manager of the network of gas pipelines upstream on the transport and processing of gas and the interests of all other users of the upstream pipeline network or processing or handling facilities who may be concerned; and (d) the need to apply, in accordance with Community law, legislation and administrative procedures for the granting of authorisations for production or upstream development. ».
S. 80. in chapter IVA of the Act, it is inserted an article 15/9A as follows: «art.» 15/9A. § 1. Any physical or legal person owner or having the right of use on a network meet the criteria of an industrial firm network exclusively connected to the natural gas transmission network, are not part of a network of distribution and as defined in article 1, 56 °, may declare to the commission and to the Minister this network within a period of six months following the publication of the Act of the... on amendment of the Act of 29 April 1999 the organisation of the market of electricity and the Act of 12 April 1965 on the transport of gaseous and other products by pipelines and commit to the provisions applying to him pursuant to this Act. By this statement, it acquires the quality of industrial closed network manager. The Directorate-General of energy checks, after opinion of the Committee and the Manager of the natural gas transmission network, the technical conformity of the industrial firm network declared with the natural gas transmission network. to this end, industrial closed network manager provides, within six months of his statement, the Directorate-General of energy proof of the technical conformity of his industrial closed network with the natural gas transmission network. A copy of this report is addressed to the Manager of the natural gas transmission network as well as the commission.
The Minister may confer, after opinion of the Committee and the Manager of the natural gas transmission network, the quality of Manager of firm industrial network to the natural person or corporate body, owner or with a right of use over a network meets the criteria of an industrial firm network connected exclusively to the natural gas transmission network, are not part of a network of distribution and as defined in article 1 , 56 ° which upon request after the publication of the law of the... on amendment of the Act of 29 April 1999 on the organisation of the market of electricity and the law of 12 April 1965 relating to the carriage of gaseous and other products by pipelines and that meets the criteria provided for in this Act.
The Directorate-General of energy publishes and updates on its website the list of managers of industrial closed networks.
§ 2. By way of derogation from the provisions of this Act and in particular its articles 3 to 8/6, 15/1, 15/3-15 / 5quinquies, 15/5duodecies and 15/12, managers of industrial closed networks are required to the following obligations: has) any manager of industrial closed network shall refrain, in the context of this function, of discrimination between users of its industrial closed network;
(b) any Manager industrial closed network ensures its industrial closed network users the right to purchase their natural gas from suppliers of their choice and to change suppliers, without calling in question and in respect for the duration and the terms of their contracts, within a maximum period of three weeks. Any user of an industrial firm network may mandate the Manager of this network to exercise, in his name and for his account eligibility. To be valid, this mandate must be made expressly and be reviewed by contract period;
(c) any manager of industrial closed network modalise connection and access to this network by contract with the industrial firm network users.
These contracts specify inter alia: 1 ° the minimum technical requirements of design and operation of installations connected to the industrial firm network, the maximum power to the connection and the characteristics of the supplies provided;
2 ° commercial terms the industrial closed network connection and access to it;
3 ° the conditions of failure of connection for breach of contractual obligations or to the security of the industrial firm network.
These contracts must be transparent and non-discriminatory. They also provide that the commission is competent in cases of dispute by a user of the industrial firm network of the tariffs applied on this network. Any decision of the commission in this matter may be appealed to the Court of appeal of Brussels in application of article 15/20.
The conclusion of these contracts is conditioned by the implementation of the user of the network closed industrial closed industrial;
(d) any manager of industrial closed network delivers users to the industrial firm network that it manages: 1 ° a detailed and clear billing based on their consumption or own injections and tariff principles and/or the above rates in this article;
2 ° a fair distribution, on their bills, extra costs applied to invoices of transport of natural gas, in respect for the principles of each extra cost;
3 ° the communication of relevant data of their consumption and/or injections so that necessary information for efficient access to the network;
(e) any manager of industrial closed network shall preserve the confidentiality of commercially sensitive information of the users of its network of which he has knowledge in the context of its activities, except any legal obligation to disclose information;
(f) any manager of industrial closed network demonstrates the technical compliance of its industrial closed network, including the receiving station of natural gas from this network, with the relevant provisions for this network of the code of conduct;
(g) any manager of industrial closed network operates and maintains its network by ensuring, given the characteristics of the industrial firm network to ensure its safety, reliability and effectiveness, this in acceptable economic conditions, respect for the environment and energy efficiency.
§
3. By way of derogation from the provisions of this Act and in particular its articles 15/5 to 15 / 5quinquies, any manager's closed network industrial as well as any manager of closed distribution network, provided that the regional provisions implement a closed distribution network system, apply for connection, access and ancillary services applicable to this network of tariff principles and/or rates that meet the following guidelines: 1 ° the tariff principles and/or tariffs are non-discriminatory, based on costs and a reasonable profit margin.
2 ° the tariff principles and/or rates are transparent and developed according to their parameters and releases in advance by the Manager of industrial closed network or closed network of distribution to users of the network and the relevant regulators;
3 ° the tariff applied by the Manager of the industrial firm network or distribution to users of this network includes access, connection, and costs of ancillary services as well as, where appropriate, costs related to the overloads that industrial closed network or distribution must bear to use the network to which it is connected. The industrial firm Network Manager is likened to the network users other than managers of distribution network for the application of the rates charged by the Manager of the transportation of natural gas in the closed network manager industrial network;
4 ° the amortisation periods and margins are chosen by the Manager of the industrial firm network or distribution in the ranges between the values that it applies in its main line of business

and those applied in distribution networks;
5 ° tariff principles regarding the connection, strengthening and renewal of the industrial firm network or distribution equipment depend on the site-specific socialization and individualization of investments, level taking into account the number of users of the industrial firm network or distribution.
§ 4. Cases of mixed closed networks, which involve both federal and regional jurisdiction subject to consultation with the Regions. ».
S. 81. in article 15/10, § 2, of the Act, inserted by the law of 29 April 1999 and amended by the Act of June 1, 2005, a paragraph is inserted between paragraphs 5 and 6, as follows: "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 cost resulting 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. 82. in section IVquater of the Act, it is inserted an article 15/10 bis as follows: «art.» 15/10A.
§ 1. In order to carry out the check provided for in § 3, the commission shall establish for each provider, for any contract-type variable, as well as any new contract-type, and in consultation with them, within two months of the publication of the law of the... on amendments to the law of 29 April 1999 on the organisation of the market of electricity and of the Act of 12 April 1965 on the transport of gaseous and other products by pipelines a database to record the methodology for the calculation of the variable energy prices, including the indexing formulas and parameters they use. For this purpose, the commission may request additional information as part of its mission. ».
« § 2. The variable energy prices for the supply of natural gas to residential and SME end customers can be indexed at least four times a year, each time the 1st day of a quarter.
Within three working days after indexing, providers publish for variable price contracts energy, lles formulas indexing for the supply of gas to residential customers and SMEs on their website, as well as any changes made to these forms.
§ 3. Within five days of each indexing, which occurs after the registration of the variable prices of energy in accordance with the § 1, each supplier provides to the commission an overview of the way in which it has been adapted on the basis of the formula of indexing used by the provider. The commission shall check if the formula for indexing used by the supplier has been properly applied and whether it complies with such data transmitted within the framework of § 1.

§ 4. The commission finds, after notice of the National Bank of Belgium, if targeted indexing formula to the § 1, the energy component for the supply of natural gas at variable price of energy to end residential customers and SMEs has been correctly applied.
On its own initiative, the commission makes a finding if a supplier does not declare the data referred to in § 2 within the aforementioned period, after that it has warned to comply with its duty of declaration under § 3.
The commission shall send, by registered with acknowledgement of receipt, its finding to the supplier within five working days of its declaration referred to in § 3 or following the date on which she intervened on its own initiative pursuant to paragraph 2. The provider has the right to challenge the finding made by the commission within five working days of the receipt of the finding. Disputes are submitted to a neutral Member and accepted by both parties of the Belgian Institute of Auditors, which performs a binding finding establishing if the indexation formula in the energy component for the provision of electricity at variable price of energy for residential customers and SMEs has been correctly applied in a period of 30 days and at the expense of the losing party.
When the determination referred to in paragraph 1 is final, the commission may require the provider to credit customers concerned for the part of the energy component overcharged. If the provider fails to do so within a period of three months following this formal notice, the commission may impose an administrative fine, by way of derogation from article 20/2. The fine may not exceed EUR 150,000.
§ 5. The provider shall notify the commission, by registered with acknowledgement of receipt, any increase in the variable energy prices applicable to residential customers and SMEs, which does not result from a decision of the competent authority, the regulator, Manager of transport network of natural gas, natural gas, installing LNG storage facility manager, managers of distribution network or which does not arise from the application of § § 2 to 2 a 4 4.
The notification to the commission is accompanied by reasons for the price increase, referred to in paragraph 1.
The effective date of the increase referred to in paragraph 1 shall be suspended for the duration of the procedure laid down in this paragraph.
The commission, after consultation with the National Bank of Belgium, judge whether the motivation for the increase is justified in terms of objective parameters, including on the basis of a permanent comparison of the energy component to the supply of electricity and gas to residential customers and SMEs
with the average of the energy component in the area of North-West Europe.
at the initiative of the commission, after consultation with the National Bank of Belgium, a decision is taken by the commission without notification by a supplier within the aforesaid time, after putting him notice, by registered with acknowledgement of receipt, to comply with its duty of notification under paragraph 1.
The commission, after notice of the National Bank of Belgium, communicates its decision to the supplier within five working days following its declaration referred to in paragraph 1 or the date at which it intervenes on its own initiative in accordance with article 5.
If adapting to the rise in the energy component is not justified, vendor enters negotiations with the commission toward an agreement on the residential variable price of the energy component to the provision to end-users and SMEs. The commission is consulting with the National Bank of Belgium.
In the event of failure of the negotiations within a period of twenty days from the receipt by the commission of the notification, the commission may reject after notice of the Bank national of Belgium, all or part of the increase. The commission motivates and passes its decision to the provider by registered with acknowledgement of receipt and without prejudice to remedies of providers in accordance with article 15/20.
Providers publish the approved increase in their energy component for the supply of electricity to residential customers and SMEs on their Web site at the end of this procedure within five working days of knowledge of the commission's decision making.
In the event of a finding by the commission of the non-compliance by providers of their obligations under this paragraph within a period of two months following the communication of its decision to the supplier concerned, the commission may require that supplier to comply with its obligations. If the provider fails to do so within a period of three months following this formal notice, the commission may impose an administrative fine, by way of derogation from article 20/2. This fine may not exceed EUR 150,000.
For the implementation of this paragraph, the commission shall communicate to the National Bank of Belgium all information and all documents at its disposal, in accordance with article 15/16. The commission and the National Bank of Belgium comply with strict confidentiality of sensitive commercial data or personal data.
§ 6. Administrative fines are injected into the Fund's reduction in the federal contribution established by article 20bis, § 6, of the Act of 29 April 1999 on the organisation of the electricity market.
§ 7. The mechanism established by this section is subject to a monitoring and an annual report of the commission and the National Bank of Belgium so notably to identify the risks of adverse effects on the market.
Until December 31, 2014, in the presence of significant adverse effects on the market, the King may, by Decree deliberated in the Council of Ministers upon proposal by the Minister, at any moment decide to put an end to the mechanism of this article on the basis of the monitoring and the above-mentioned annual report in 1st paragraph.
No later than six months before 31 December 2014, the commission and the National Bank of Belgium carried out an evaluation report of the mechanism established under this article. On the basis of this report, the King may, by Decree deliberated in the Council of Ministers on a proposal from the Minister, extend it for a further period of three years, PRN renewable according to an identical procedure, if it finds that the conditions of transparency and competition are still not met and that the protection of the consumer

is thus still not guaranteed. On the basis of the monitoring and annual report of the commission and the National Bank referred to above in paragraph 1, the King may, by Decree deliberated in the Council of Ministers upon proposal by the Minister, at any time, decide to put an end to the mechanism of this article in the presence of significant adverse effects on the market. ».
S. 83. in section IVquater of the Act, it is inserted an article 15/10B, as follows: «art.» 15/10B. For the purposes of the fine referred to in article 15/10A § § 4 and 5, the commission shall notify the supplier concerned her grievances. The supplier may submit his observations within a period of fifteen days from the date of dispatch. The commission shall then convene a hearing during which the provider can express its comments. The commission takes its final decision within five days of the hearing. ».
S. 84 A section 15/11 of the same Act, inserted by the law of 29 April 1999 and amended by the Act of June 11, 2011, the following changes are made: 1 ° the § 1, 1 °, is supplemented by the words ', so that all other public service obligations for their activities on the transport network, the installation of natural gas storage or LNG facility on security of supply and environmental protection. including energy efficiency, energy from renewable energy sources and the protection of the climate, which take account of the criteria and obligations for security of supply resulting from the application of the measures taken under the Regulation (EU) No 994/2010; »;
2 ° the § 1, 2 °, is complemented with words "and the protection of the environment, including energy efficiency, energy from renewable energy sources and protecting the climate that take into account criteria and obligations regarding security of supply resulting from the application of the measures taken under the Regulation (EU) No 994/2010 for their activities on the transport network natural gas storage facility and the LNG facility; »;
3 ° to the § 1, paragraph 4, 4 is repealed;
4 ° to the § 1, paragraph 5, 5 ° is repealed.
».
S. 85 A section 15/12 of the same Act, inserted by the law of 29 April 1999 and amended by the Act of June 1, 2005, the following changes are made: 1 ° it is inserted a § 1bis as follows: "§ 1bis.» The companies mentioned in the § 1 hold in their internal accounts of separate accounts for the activities relating to public service obligations. »;
2 ° it is inserted a § 3bis worded as follows: "§ 3A. '. The commission shall preserve the confidentiality of commercially sensitive information and/or personal data, unless all legal obligations to disclose this information. ».
S. 86A article 15/13 of the same Act, inserted by the law of 29 April 1999 and replaced by the law of May 6, 2009, the following amendments are made: 1 ° in the § 1, 1st paragraph is completed of the words "and in consultation with the commission."
2 ° to the § 1, paragraph 2, the words ", the commission" are repealed;
3 ° to the § 1, paragraph 2 is supplemented by the following sentence: 'The energy branch may consult the actors representative of the gas market.';
4 ° to the § 1, article 4 is supplemented by the following sentence: 'if necessary, the prospective study is updated every two years.';
5 ° the § 1 is supplemented by a paragraph, as follows: "the Department of energy establishes annually in collaboration with the federal Office of the Plan and in consultation with the commission a supplementary report on the monitoring of security of supply in which the results of the monitoring of these issues are presented and all measures taken or envisaged in this regard. This report is published no later than July 31 and shall be communicated to the European Commission. »;
6 ° § 2 is supplemented by 6 ° and 7 ° worded as follows: «6 ° the investment needed for purposes of the assessment of risks and the preventive action plan and contingency plan prepared by the federal authority for the security of the supply of gas in accordance with § 5;
7 ° of the recommendations on the basis of the findings made pursuant to § 2, 1 ° to 6 °, managers must consider in preparing their plans of investments referred to in article 15/1, § 5. »;
7 ° article is supplemented by the § § 5 and 6 worded as follows: ' ' § § 5 5 The Minister communicates the prospective study federal legislative chambers and the Governments of the region as well as to the European Commission.
§ 6. Is designated as competent authority within the meaning of article 2.2 of Regulation (EU) No 994/2010 energy branch.
Implementation of the Regulation (EU) No 994/2010, the federal authority for the security of gas supply is responsible for including the responsibility to ensure the security of supply where the natural gas transmission network manager finds that market mechanisms are not sufficient to guarantee gas supply. This responsibility includes, among others, the imposition of measures of relief, compensation for interruptions in gas supply and taking measures to arrange breaks partial or total consumption.
The commission assists the federal authority for the security of gas supply in the execution of his skills as a competent authority.
The commission may propose measures in favour of the federal authority that can be taken in case of emergency on gas market situation. It can also prepare the measures necessary for the implementation of aid measures and analyze and evaluate these measures, and may, at the request of the Directorate-General of energy, propose elements that can serve as a basis for a preventive action plan and a contingency plan.
The federal authority for the security of gas supply is responsible for the following tasks: has) the risk assessment in accordance with article 9 of Regulation (EU) No 994/2010;
(b) on the basis of this assessment, the establishment of a preventive action plan and an emergency plan, in accordance, inter alia, in articles 4, 5, 9 and 10 of Regulation (EU) No 994/2010;
(c) regular monitoring of security of gas supply at national level, in accordance with article 3 of Regulation (EU) No 994/2010).
The federal authority for the security of gas supply may consult any representative player in the gas market, in the context of the assessment of the risks as well as the implementation of a plan of preventive action and an emergency plan, and works in consultation with the commission and in compliance with the competence of each.
Assessing risks, the preventive action plan and contingency plan referred to above shall be adopted by the Minister on the proposal of the federal authority for the security of gas supply and are published in the Moniteur belge.
If necessary, the King may specify the modalities of functioning of the authority referred to in this paragraph. ».
S. 87. in article 15/14 of the same Act, inserted by the law of 29 April 1999 and as last amended by the Act of May 6, 2009, the following changes are made: 1 ° the § 1 is complemented by a new subparagraph as follows: "the commission takes all reasonable measures to achieve the following objectives in the context of its missions listed in § 2. in close consultation, where appropriate, with other federal authorities involved, including the Council of competition, and without prejudice to their competencies: 1 ° promote, in close collaboration with ACER, the European Commission, the regulatory authorities of the Regions and the other Member States of the European Union, an internal market of natural gas competitive, secure and sustainable for the environment within the Community European , and an effective market opening for all customers and suppliers of the European Community, and to ensure appropriate conditions of gas networks to work effectively and reliable, taking into account long-term objectives;
2 ° develop competitive markets between the regions of the European Community defined by article 12, paragraph 3 of Regulation (EC) no 715/2009 and properly functioning within the European Community, with a view to the achievement of the objectives referred to in point 1 °;
3 ° remove barriers to trade in natural gas between Member States of the European Union, notably by implementing adequate cross-border transport capacity to meet the demand and strengthen the integration of the markets of the different Member States of the European Union, which should allow natural gas to better circulate in the whole of the European Community;
4 ° contribute to ensuring the establishment of networks in the most advantageous cost way, non-discriminatory which are safe, reliable, efficient and focused on end-customers, and promote the adequacy of networks, and in accordance with the objectives General of energy policy, energy efficiency and the integration of gas production, to large or small scale from renewable energy sources;
5 ° to facilitate access to the network of the new production capacities, including by removing obstacles that could prevent the arrival of new entrants on the market and the integration of the production of gas from renewable energy sources;

6 ° to ensure that the natural gas transmission network manager and network users receive sufficient incentives, both short term and long term, to improve network performance and foster market integration;
7 ° ensure that end-users benefit from the efficient functioning of the market and promote effective competition as well as help to ensure the protection of final customers;
8 ° to contribute to ensure public and universal high-quality service in the natural gas sector, and contribute to the protection of vulnerable customers and the compatibility of the necessary mechanisms for data exchange to enable final customers connected to the transmission network to change supplier. »;
2 ° to the § 2, paragraph 2, the 2nd is supplemented by the following sentence: 'the commission ensures in this framework to preserve the confidentiality of commercially sensitive data or personal and therefore fails to publish;';
3 ° to § 2, paragraph 2, item 5 ° is restored in the following wording: «5 ° monitors compliance by managers of the transport network natural gas, LNG facility and storage of natural gas as well as businesses of natural gas of the obligations imposed on them under this Act and its enforcement orders , as well as other legislative and regulatory provisions applicable to the natural gas market, particularly as regards cross-border issues and matters covered by Regulation (EC) no 715/2009; »;
4 ° to § 2, paragraph 2, 6 °, the words ' 15/5 to 15 / 5decies "are replaced by the words" 15/5 to 15 / 5quinquies. "
5 ° to the § 2, paragraph 2, 8 ° bis, the words "and to distribution undertakings supplying final customers who do not have the quality of eligible customer" are repealed;
6 ° to the § 2, paragraph 2, 9 °, the words "between the activities of transport, transit, distribution and storage of natural gas" are repealed;
7 ° to § 2, paragraph 2, point 9 ° bis is replaced by the following: «9 ° bis. exercises the tariff competences referred to in articles 15 / 5 to 15/5quinquies and control the application of tariffs by transport in which companies regarding their respective networks. »;
8 § 2, paragraph 2 °, 10 °, "customers categories" shall be replaced by the words "transport, distribution, storage, LNG and supply activities";
9 ° to § 2, paragraph 2 is supplemented by the 14 ° to 33 ° written as follows: "14 ° monitors natural gas transmission network manager investment plans and analyses the coherence of this plan with the development plan of the network throughout the European Community referred to in article 8, paragraph 3 b), of Regulation (EC) no 715/2009.» Where appropriate, this analysis may include recommendations to amend the investment plan prepared by the Manager of the natural gas transmission network. The commission shall take account, in the exercise of this monitoring and analysis of the prospective study established pursuant to article 15/13;
15 ° monitoring the implementation of the code of good conduct and assesses past performance in implementation of the rules of this code relating to the security and reliability of the gas transmission network;
16 ° monitoring the level of transparency, including wholesale prices, and ensures compliance with the obligations of transparency by natural gas undertakings;
17 ° monitors the level and effectiveness achieved in terms of opening up of the market and competition for wholesale and retail markets, including for natural gas exchange scholarship, and monitors the distortions or restrictions of competition, by communicating all relevant information and referring cases that justify it to the competition Council;
18 ° monitoring the occurrence of restrictive contractual including the exclusivity provisions, which may prevent non-residential customers connected to the network of natural gas transmission contract simultaneously with more than one supplier or which may limit their choice in the matter and, where appropriate, informed the Council of competition of these practices;
19 ° monitoring the time taken by the Manager of the natural gas transmission network to make connections and repairs;
20 ° monitors and evaluates the conditions for access to the storage facilities of natural gas, to conduct natural gas storage and other auxiliary services;
21 ° helps to ensure, in collaboration with other competent authorities, the effectiveness and the implementation of the measures for the protection of final customers;
22 ° publishes once a year at least, recommendations on the conformity of the price of supply with the public service obligations laid down by this law and its implementing orders and transmits it to the competition Council, as appropriate;
23 ° guarantees access to the consumption data for final customers connected to the natural gas transmission network and making available, for optional use, of an easily understandable method of harmonized presentation of consumption data and quick access to all final consumers connected to the system of transport of natural gas to these data so that they can have free their consumption data and provide access to their consumption records by agreement express and free of charge, to any company registered as a supplier;
24 ° monitors the implementation of the rules, the functions and responsibilities of the Manager of the transport of natural gas from suppliers network end-customers and other players in the market in accordance with Regulation (EC) no 715/2009;
25 ° monitoring the implementation of the safeguard measures provided for in article 23 and the code of conduct, in collaboration with the federal authority for the security of gas supply;
26 ° certified managers of the transport network of natural gas, storage of natural gas and LNG facility, in accordance with the provisions of article 8, § § 4bis, 4ter and 4quater, and article 8b. The commission ensures permanent monitoring of the independence of managers from firms involved directly or indirectly in the production or supply of natural gas and/or electricity and, where appropriate, initiative for the certification procedure. The commission may require managers and companies active in the production and supply of natural gas all information useful to its tasks under these certification procedures the commission shall preserve the confidentiality of commercially sensitive information and/or personal;
27 ° contributes to the compatibility of the mechanisms for the exchange of data relating to the main market on their regional operations, as well as provided for in article 12, paragraph 3, of Regulation (EC) no 715/2009;
28 ° fixed guidelines for Exchange of data and rules of procedure, the property; data and records responsibilities
29 ° approves, on proposal of the Manager of the natural gas transmission network, the methods used to establish access to cross-border infrastructure, including congestion management and capacity allocation procedures. These methods are transparent and non-discriminatory. The commission shall publish on its website the approved methods;
30 ° monitor, in consultation with the Directorate-General of energy, the management of congestion of the transport network of natural gas, including interconnections, and the implementation of congestion management rules, in accordance with article 15/1, § 3, 7 °;
31 ° ensures that, if it is appropriate and when refusal of access, the Manager of the natural gas transmission network to provide relevant information on measures necessary to reinforce the network;
32 ° at the request of the user of an industrial firm network, checks and approves the rates applied in the industrial firm network or the methodology for the calculation of these rates on the basis of the criteria laid down by article 15/9A;
33 ° provided that the relevant regional provisions implement a closed distribution network system, checks and approves the request of the user of a closed distribution network connected to a distribution network tariffs or the methodology of calculation of the tariffs applied on the closed distribution network. »;
10 ° § 4 is supplemented by two paragraphs, worded as follows: "the commission motivates and fully justifies its decisions in order to allow judicial review.
The terms and conditions for these motives and justifications are specified in the rules of procedure of the Executive Committee, having regard in particular to the following principles:-motivation takes over all of the elements on which is based the decision.
-natural gas companies the opportunity, prior to making a decision concerning them, to assert their comments;
-the follow-up to these comments is justified in the final decision;
-acts of individual or collective scope adopted in performance of its tasks as well as any preparatory act, report of experts, consulted parties commented y related are published on the commission's website, in the confidentiality commercially sensitive information and/or personal data. »;
11 ° it is inserted a § 2A, worded as follows: «»

§ 2A. In the context of the exercise of its powers, the commission respects freedom of contract for interruptible supply and long futures contracts, therefore they are compatible with Community law and consistent with Community policies. »;
12 ° § 3 is replaced by the following: "§ § 3 3» The commission shall draw up each year an annual report before May 1 of the year following the financial year concerned in the House of representatives.
The annual report of the commission focuses on: 1 ° the performance of its tasks;
2 ° the State of its operating expenses and of their cover mode, including an active/passive situation and the report of the Réviseur d'Entreprises
3 ° the evolution of the natural gas market;
4 ° the measures taken and the results obtained for each of the missions listed in § 2;
5 ° analysis of the investment plan by the Manager of the transport network of natural gas, from the point of view of its consistency with the plan of development of the network in the whole of the European Community referred to in article 8, § 3, b), of Regulation (EC) no 715/2009 so that, where appropriate, recommendations for amendments of the investment plan established by the Manager of the natural gas transmission network. The commission takes into account in this analysis the prospective study established pursuant to article 15/13;
6 ° copy decisions possibly taken during the relevant year of the methodology of calculation of tariffs in application of article 15/5a to 15/5quinquies.
This report is published on the commission's website. A copy is also sent, for information, to the Minister. »;
13 ° it is inserted a § 3bis worded as follows: "§ 3A. '. The commission shall submit also the ACER and the European Commission, before 1 may of the year following the financial year concerned, an annual report on its activities and the performance of its tasks. This report includes the measures taken and the results obtained for each missions listed in § 2. This report also includes an analysis of the investment plan prepared by the Manager of the transport network of natural gas, from the point of view of its coherence with the development plan of the network in the whole of the European Community referred to in article 8, § 3, b), of Regulation (EC) no 715/2009 so that, where appropriate, recommendations for amendments of the investment plan established by the Manager of the natural gas transmission network. The commission shall take account, in the context of this analysis, the prospective study established pursuant to article 15/13. »;
14 ° there shall be inserted a § 5 worded as follows: ' ' § § 5 5 The commission ensures that its staff and the persons responsible for its management: has) operate independently of any commercial interest;
(b) shall neither seek nor not agree to direct instructions from any Government or other public entity or private in the performance of their tasks in accordance with § 2. This requirement is without prejudice to close cooperation, as appropriate, with other competent authorities, as well as general guidelines laid down by the Government. ».
S. 88. in section IVsexies of the Act, it is inserted an article 15/14 read as follows: «art.» 15/14. § 1.
The commission cooperates on cross-border issues with the regulatory authorities of the Member States of the European Union concerned and with the ACER.
The commission consults and cooperates closely with the regulatory authorities of the other Member States of the European Union, trade with them, and communicates to the ACER all information necessary for the execution of tasks which under this Act. With regard to the information exchanged, the receiving authority ensures the same level of confidentiality as that required of the originating authority.
The commission cooperates at least at the regional level, as referred to in article 12, paragraph 3 of Regulation (EC) no 715/2009, for: a) promote the implementation of practical arrangements to allow optimum management of the network, promote the natural gas exchanges and the allocation of cross-border capacity, and to enable an adequate level of interconnection capacity, including through new interconnections within the region and between regions, as referred to in article 12, paragraph 3 of Regulation (EC) no 715/2009, so that effective competition can settle and that security of supply can be strengthened, without discrimination between supply undertakings in different States members of the European Union;
(b) coordinate the development of all the network codes for natural gas transmission system operators and other relevant market actors;
and (c) coordinate the development of congestion management rules.
The commission is authorised to conclude agreements of cooperation with the regulatory authorities of the other Member States of the European Union to foster regulatory cooperation.
The actions referred to in paragraph (3) are carried out, where appropriate, in close consultation with the other federal authorities concerned and without prejudice to the powers of the latter.
§ 2. The commission comply and implement legally binding decisions of the ACER and the European Commission.
The commission may seek the opinion of the ACER about the compliance of a decision taken by a regulatory authority regional or another Member State of the European Union with the directions taken by the European Commission in implementing Directive 2009/73/EC or referred to in Regulation (EC) no 715/2009.
The commission can also inform the European Commission of any applicable to cross-border trade decision taken by a regulatory authority regional or another Member State of the European Union that it considers contrary to the abovementioned guidelines in paragraph preceding, within a period of two months from the decision.
When the European Commission asked the commission to withdraw one of its decisions, it shall withdraw within a period of two months and shall inform the European Commission.
§ 3. The commission cooperates with the regional regulatory authorities.
Representation and contacts at the community level within ACER are ensured by a representative of the commission which is in formal consultation with the regional regulatory authorities. ».
S. 89A section 15/16 of the same Act, inserted by the law of 29 April 1999 and amended by the Act of June 8, 2008, the following changes are made: 1 ° the § 1 is replaced by the following: "§ 1.» In the performance of the tasks assigned to him, the commission may require natural gas undertakings operating in the Belgian market, any business related or associated as well as any enterprise managing or operating a multilateral trading platform on which are traded energy supplies or financial instruments relating to energy supplies, maintaining a direct link with the Belgian gas market or having a direct impact on the to provide all necessary information, including the justification for any refusal to grant access to a third party, and all information about the measures necessary to strengthen the network, provided that it motivates its application. The commission can access the business accounting of natural gas, including the separate accounts referred to in article 15/12, § 2, to the extent where such access is necessary for the exercise of the tasks referred to in article 15/14, § 2. »;
2 ° the § 1bis is supplemented by a paragraph worded as follows: "the information collected by the commission under this subsection may only be used for the purposes of the reports, opinions and recommendations referred to in articles 15/14bis and 14ter/15. The King may, by royal decree deliberated in the Council of Ministers, extend this article to binding decisions which could be covered by articles 15/14bis and 14ter/15. ».
S. 90. article 15/17 of the same Act, inserted by the law of 29 April 1999 and amended by the law of June 1, 2005, is repealed.
S. 91. article 15/18 of the same Act, inserted by the law of 29 April 1999 and as last amended by the Act of May 6, 2009, is replaced by the following: «art.»
15/18. The House of disputes, established by article 29 of the Act of 29 April 1999 on the organisation of the electricity market, statue at the request of one of the parties disputes between users of the network and natural gas transmission network manager, Manager of natural gas storage facility, LNG facility manager distribution network managers or the Manager of an industrial firm network, which are related to the obligations imposed on these managers under the Act and its implementation orders, with the exception of disputes involving contractual rights and obligations.
Disputes relating to access to the facilities upstream, the litigation Chamber shall take account of the objectives and criteria set out in article 15/9, paragraph 2, as well as of the parties which may be involved in the negotiation of access to the network. In the event of cross-border disputes, the disputes Chamber has jurisdiction only in the hypothesis where the installation upstream falls under its jurisdiction. If the installation concerned falls within several Member States, the

Chamber disputes consults the dispute settlement authorities implemented by the Member States concerned in order to ensure a consistent regulation. ».
S. 92. in section IVsexies of the Act, it is inserted an article 15/18A as follows: «art.» 15/18A. Any interested party considering itself injured following a decision taken by the commission may, no later than within a period of fifteen days following the publication or notification of this decision, submit a complaint for review to the commission.
This complaint has no suspensive effect and does not preclude the introduction of an appeal nor is a necessary prerequisite for the bringing of an action before the Court of appeal of Brussels in application of article 15/20.
The complaint for review is addressed by registered letter or by deposit with acknowledgement of receipt at the headquarters of the commission. It includes a copy of the decision criticized as well as the grounds for a review.
The commission takes its decision on the complaint within a period of two months from the date of the filing of the complaint for review.
».
S. 93. in article 15/20, § 1, of the Act, inserted by the law of July 27, 2005 and as last amended by the Act of 16 March 2007, the following changes are made: 1 ° to the paragraph 1, the introductory sentence is replaced by the following: "appealed to the Court of appeal of Brussels, sitting as summary. ', is open to any person establishing an interest against all decisions of the commission, which including those stated - after: ';
2 ° to the paragraph 1, 5 °, the words ' referred to in article 15/5 to 15 / 5decies and their arrested performance "are repealed;
3 ° 1 paragraph 6, the words "matter of approval of rates referred to in articles 15 / 5 to 15/5decies and their orders of execution" are repealed.
S. 94 A article 15/21 of the same Act, inserted by the Act of 29 July 2005 and amended by the law of July 20, 2006, the following changes are made: 1 ° the § 1, paragraph 1 is supplemented by the following: "Similarly, any person having an interest may apply to the Court of appeal of Brussels and ask for the suspension of the execution of all decisions of the commission taken pursuant to articles 15/5 to 15 / 5quinquies whereby. the commission would violate the law. No suspension action may be introduced without the introduction of actions under the Fund. »;
2 ° § 3 shall be replaced by following: 'within three working days following the filing of the application, the request is notified by judicial letter by the registry of the Court of appeal to all parties called for the cause by the applicant. The registry of the Court of appeal asked the Board of direction of the commission to file the administrative file relating to the Act attacked at the registry, with the request.
The filing of the record is done no later than the day of the hearing for the introduction, without however that the delay between the receipt of the request by the commission and the hearing of introduction might be less than 10 days. In an extreme emergency, the Court of appeal can shorten the period of introduction of the administrative record, without however that this time limit cannot be less than five days after the receipt of the request. The administrative record may be consulted by the parties from the registry of the Court of appeal upon its filing and until the close of the discussion. ».
S. 95. article 15/23 of the same Act, inserted by the law of July 20, 2005, is repealed.
S. 96. in article 15/24 of the same Act, inserted by the law of 20 July 2005, "unless otherwise decided by the bodies of the Commission which took the decision" shall be replaced by the words "while preserving the confidentiality of commercially sensitive information and/or personal data".
S. 97. in article 18, paragraph 3, subparagraph 2, of the Act, replaced by the programme act of 22 December 2008, the words «article 15/14, § 2, 3 °, 3 bis °, 12 ° and 13 °, article 15/14 bis, article 15/14ter and article 15/16, § 1, in relation to the execution of the tasks of the commission referred to in articles 15/14. «, § 2, 3 °, 3 bis °, 12 ° and 13 °, 15/14bis and 14ter/15, and article 15/16, § 1bis "are replaced by the words ' article 15/14, § 2, 3 ° 3 bis, 12 ° and 13 °, 16 °, 18 °, 20 °, 23 ° and 25 °, article 15/14 bis, article 15/14ter and article 15/16, § 1, in relation to the execution of the tasks of the commission referred to article 15/14. «, § 2, 3 °, 3 bis °, 12 ° and 13 °, 16 ° to 18 °, 23 ° and 25 °, article 15/14 bis, article 15/14ter and article 15/16, § 1bis.
S. 98. in article 19 of the Act, as amended by the law of 29 April 1999, '100 francs to 100,000 francs' shall be replaced by the words «2.48 euros to 2.478,94 euros.
S.
99. in chapter VI of the Act, it is inserted an article 19bis as follows: 'natural gas undertakings shall communicate to the Directorate General of energy, under penalty of a fine of a maximum of 1% of the annual turnover of the business concerned in Belgium, all the information that are necessary for the exercise of its functions under this Act.
».
S. 100. in article 20 of the Act, '100 francs to 100,000 francs' shall be replaced by the words «2.48 euros to 2.478,94 euros.
S. 101a article 20/1 of the Act, inserted by the law of 29 April 1999 and amended by the Act of March 16, 2007, the following changes are made: 1 ° in the § 1, 'fifty thousand to twenty thousand francs' shall be replaced by the words «1.24 to 495,79 euros.
2 ° in § 2, 'twenty thousand francs' shall be replaced by the words «495,79 euros»
S. 102. in chapter VI of the Act, it is inserted an article 20/1A as follows: «art.» 20/1a. Any infringement of the rules of confidentiality laid down in this Act and its implementing orders is punishable by penalties under article 458 of the penal Code. The provisions of book I of the penal Code shall apply, including Chapter VII and article 85. ».
S. 103. in article 20/2 of the same Act, inserted by the law of 29 April 1999 and amended by the law of July 16, 2001, the following changes are made: 1 ° "this Act or its orders of exevcution" shall be replaced by the words "this Act, its orders of execution of subsequent legislation relating to rates or relative 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, 5 ° ';
2 ° 'less than fifty thousand francs or more to four million francs, or in total, more than eighty million francs' shall be replaced by the words "less than 1,240 euros or more at 100,000 euros, or total more than EUR 2 million";
3 ° article is supplemented by a paragraph worded as follows: "the administrative fines imposed by the commission to the Manager of the transport network of natural gas, to the Manager of storage facility, the installation manager and LNG system operators distribution are not included in their costs but are deducted from their fair profit margins. Natural gas undertakings may not rebill their customers the amount of administrative fines imposed by the commission. ».
S.
104A article 23, of the same Act inserted by the law of 29 April 1999, the following changes are made: 1 ° the words "and in consultation with the Manager of the natural gas transmission network, the storage installation manager and LNG facility manager» are added between the words"after consultation of the commission"and the words «» take safeguard measures ';
2 ° article is supplemented by two paragraphs worded as follows: "these measures must cause the least possible disturbance in the functioning of the European internal market and must not exceed the scope strictly necessary to remedy the sudden difficulties which have arisen.
The Minister shall immediately notify these measures to the other Member States of the European Union and the European Commission. ».
CHAPTER 4. -Billing to the client s.
105 § 1. Suppliers shall ensure that all the invoices count, deposit and closing to final consumers due to the supply of electricity or gas contain at least the following information:-the name and address of the energy provider.
-the e-mail address, name, telephone number and the fax number of the energy provider customer service;
-the address, the telephone and fax number of the mediation for energy service;
-the address to use for all exchanges of mail; It can be an e-mail address;
-the period covered by the invoice;
-the amounts invoiced;
-the EAN number.
-the rate of VAT and the amount of the VAT;
-the product or service covered by the contract;
-the duration, the notice period and, where appropriate, the minimum duration and start date, end date and the possibility of tacit renewal;
-If there is an indefinite contract, there is mention of the period of notice, as well as the possible minimum contract, with an indication of the start date;
-links to the web pages offering an independent price comparison or official (such as the V-Test of Vadj) of different energy suppliers.
§
2. All counting or closing invoices to final customers mention in addition:-the number of units consumed.

- the unit price;
-details of the calculation of the amount to be paid;
-the rate for transport;
-the rate for distribution;
-where appropriate, the date of completion of the initial period of the contract;
-the levies by public authorities all globalizing them according to categories;
-the evolution of the consumption of the three previous years, both in units of energy per unit and total prices; price
-the nature of the primary energy sources used for the electricity supplied: renewable cogeneration, combustible fossil, nuclear or unknown. Can cover 5% of the nature shown;
-the sources of existing references, such as web pages, where information on the environmental impact resulting from the electricity production from all of the energy sources used by the supplier over the preceding year are available to the public.
§ 3. The provisions contained in the sectoral agreement «the consumer in the market liberalised energy» are completed within six months from the date of publication of this Act in the Moniteur belge, so as to address inter alia the following: has) the entry on any invoice, regularization of the evolution of the consumption for the last period between two regularisation;
b) the introduction of the possibility for the client to exclude the annual bill of regularization of possible Bank domiciliation;
(c) the prohibition of a double break early in the event of contract allowance joint for the supply of gas and electricity. Breakdown allowance is capped at 50 euros;
d) inscription on the invoice of any change in the conditions of the contract likely to result in a termination without notice.
If the modifications to the agreement are not adopted at the end of the deadline set in paragraph 1, the King fixed by royal decree deliberated in the Council of Ministers, the obligations imposed on providers of electricity and gas for the protection of energy consumers.

§ 4. Except in cases where the Act requires suppliers of contrary obligations, the failure by a supplier of the sectoral agreement or of the royal decree referred to in § 3 is considered to be an act contrary to fair practices within the meaning of chapter IV section 2 of the Act of 6 April 2010 on to the practices of market and the protection of the consumer. These offences are sought, found and prosecuted in accordance with the rules laid down in the legislation on market practices and consumer protection. The rules laid down in this legislation on procedures for warning, the transaction, and the action for an injunction are also applicable. ».
CHAPTER 5. -Final provisions and transitional art. 106. articles 161, 164 and 165 of the Act of 6 May 2009 laying of various provisions, as well as article 20, 1 °, of the law of June 1, 2005, amending the Act of 29 April 1999 on the organisation of the electricity market come into force. Pending the adoption of the decrees referred to in articles 4, paragraph 3, and 17, § 2, of the Act of 29 April 1999 on the organisation of the electricity market, such as changed respectively by articles 161 and 164 of the Act of May 6, 2009, various provisions, Directorate-General energy educated application dossiers and the electricity and gas Regulatory Commission advises on the basis of the existing Royal Decrees at the time of the entry into force of this Act, namely the decrees of 11 October 2000 concerning the granting of individual permissions covering the establishment of electricity production facilities and laying down the criteria and the procedure for granting of prior individual authorizations for the construction of direct lines.
S. 107. the King fixed by order the arrangements for the assignment of the Fund balance reduction lump sum for the natural gas and electricity heating, deleted in pursuance of sections 32 and 33, as well as the balance of the funds intended to finance compensation for the loss of income resulting from the liberalisation of the electricity market Commons, deleted in pursuance of section 35.
S. 108. without prejudice to the provisions of paragraph 2, article 20A, § § 2 to 2 a 7 7, of the Act of 29 April 1999 on the organisation of the electricity market, as inserted by section 29 of the Act, and section 84 shall enter into force the first day of the quarter following that of the publication of this Act in the Moniteur belge.
If the period between the date of publication of this Act and the first day of the quarter following is less than a month, article 20A, § § 2 to 2 a 7 7, of the Act of 29 April 1999 on the organisation of the electricity market, as inserted by section 29 of the Act, and section 84, referred to in paragraph 1 come into force the first day of the second quarter following that of the publication of this Act in the Moniteur belge.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels, January 8, 2012.
ALBERT by the King: Deputy Prime Minister and Minister of the Interior, Ms. J. MILQUET. the Secretary of State to environmental, energy and mobility, M. WATHELET _ Note (1) Session 2011-2012.
House of representatives.
Documents. -Bill, 53-1725/001. -Amendments 53-1725/003-007.
-Report, 53-1725/008. -Text adopted by the committees, 53-1725/009. -Text adopted in plenary meeting and transmitted to the Senate, 53-1725/010.
Compte rendu intégral. -15/12/2011.
Senate.
Documents.
-5 - 1405 - 2011/2012.
Project mentioned by the Senate, 5-1405, no.1. -Amendment 5-1405, no. 2.
Report, 5-1405, no. 3. -Decision not to amend, 5-1405, no. 4.

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