Machine Translation of "Law On Amendments To The Law Of 29 April 1999 On The Organisation Of The Market Of Electricity And Of The Act Of 12 Apri..." (Belgium)

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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belgiquelex.be - Carrefour Bank of Legislation

8 JANVIER 2012. - An Act to amend the Act of April 29, 1999 on the organization of the electricity market and the Act of April 12, 1965 on the carriage of gaseous and other products by pipelines (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - General provisions
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
It transposes Directive 2009/72/EC of the European Parliament and Council of 13 July 2009 on common rules for the domestic electricity market and repeals Directive 2003/54/EC and Directive 2009/73/EC of the European Parliament and Council of 13 July 2009 on common rules for the domestic natural gas market and repeals Directive 2003/55/EC.
It also partially transposes the Directive 2009/28/EC of the European Parliament and the Council of 23 April 2009 on the promotion of the use of energy produced from renewable sources and amending and repealing Directives 2001/77/EC and 2003/30/EC.
CHAPTER 2. - Amendments to the Act of 29 April 1999 on the organization of the electricity market
Art. 2. In section 2 of the Act of 29 April 1999 on the organization of the electricity market, last amended by the Act of 16 March 2007, the following amendments are made:
1° point 4° is replaced by the following:
"4° "renewable energy sources": non-fossible renewable energy sources (wind, solar, geothermal, houlomotor, tidal and hydroelectric, biomass, discharge gas, wastewater treatment plants gas and biogas); »;
2° point 6° is replaced by the following:
"6° "transport": the transport of electricity on the network with very high voltage and high voltage interconnected for the purpose of providing to final customers or distribution network managers, but not including the supply; »;
3° point 7° is replaced by the following:
"7° "transport network": the national network for the transport of electricity to very high voltage and high voltage interconnected for the purpose of supplying to final customers or to distribution network managers, but not including the supply, which includes airlines, underground cables and installations for the transport of electricity exchanged from countries to countries linked by an interconnection, to the transport of electricity exchanged by producers, customers »;
4° at point 7° bis, in the Dutch version of the text, the word "koppellijnen" is replaced by the word "interconnector";
5° points 10° and 11° are replaced by the following:
"10° "distribution": the transport of electricity on high, medium and low-voltage distribution networks for the purpose of supplying to customers, but not including the supply;
11° "distribution network manager": a natural or legal person designated by the competent regional authority responsible for the operation, maintenance and, if necessary, the development of the distribution network in a given area and, where appropriate, its interconnections with other networks, and responsible for ensuring the long-term capacity of the network to meet a reasonable demand for the distribution of electricity; »;
6° point 13° is replaced by the following:
"13° "customer": any final, intermediate or distribution network manager. Any final client is an eligible client; »;
7° at point 15°, the word "distributor" is replaced by the words "distribution network manager";
8° at point 15° ter, the words "and which assures commercial, technical or maintenance missions related to these activities" are inserted between the words "the supply or purchase of electricity or several of these activities" and the words ", excluding end customers";
9° a new point 15° quater, as follows, is inserted after point 15° ter:
"15° quater "provision": sale, including resale of electricity to customers; »;
10° to point 16° the word "distributor" is replaced by the word "distribution network manager";
11° points 16° bis, 16° ter, 16° quater and 16° quinquies, as follows, are inserted between points 16° and 17°:
"16° bis "residential customer": a customer buying electricity for their own domestic use, which excludes commercial or professional activities;
16° ter "non-residential client": a natural or legal person including a producer and intermediary buying electricity not intended for domestic use;
16° quater "residential protected client": a final customer with modest income or precarious status, as defined by section 4 of the Program Law of 27 April 2007 and benefiting from the protection of Article 20, § 2;
16° Quinquies " vulnerable client": any residential protected client within the meaning of point 16° quater, as well as any final customer considered vulnerable by the Regions; »;
12° point 17° is replaced by the following:
"17° "direct line": a line of electricity with a nominal voltage of more than 70 kV and linking an isolated production site to an isolated customer, or a line of electricity linking an electricity producer to an electricity supply company to directly supply their own eligible establishments, subsidiaries and customers; »;
13° point 19° is repealed;
14° point 20° is supplemented by the words "as well as any company associated with the meaning of Article 12 of the Code of Companies";
15° in the Dutch text of 20° bis, the word "cleanbeheerder" is replaced by the word "eigenaar";
16° point 24° is replaced by the following:
"24° Directive 2009/72/EC": Directive 2009/72/EC of the European Parliament and the Council of 13 July 2009 on common rules for the domestic electricity market and repealing Directive 2003/54/EC; »;
17° points 24° bis to 24° quinquies, written as follows, are inserted between point 24° and point 25°:
"24° bis" Regulation (EC) No. 714/2009": Regulation (EC) No. 714/2009 of the European Parliament and Council of 13 July 2009 on conditions of access to the network for cross-border exchanges of 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 Energy Regulators Cooperation Agency;
24° quater "ACER": the energy regulators' cooperation agency established by Regulation (EC) No 713/2009;
24° quinquies "Guideline 2009/28/EC": Directive 2009/28/EC of the European Parliament and Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and 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 global or integrated approach to influence the importance and timing of electricity consumption in order to reduce primary energy consumption and charging points, giving priority to investments in energy efficiency measures or other measures, such as switchable supply contracts, rather than investments to increase production capacity, if the first are the most effective option »;
19° at point 30°, the word "distributor" is replaced by the word "distribution network manager";
20° points 31° to 34° are repealed;
21° the article is supplemented by points 41° to 50°, written as follows:
"41° "industrial closed network": a network within an industrial, commercial or geographically limited service sharing site, intended primarily to serve the final customers established on this site, not providing residential customers and in which:
(a) for specific reasons related to the technology or security, operations or production process of users of this network are integrated; or
(b) Electricity is provided primarily to the owner or manager of the industrial closed network or to the related companies;
42° "railway traction network": the electrical installations of the railway infrastructure manager necessary for the operation of the railway network, including the electrical current processing and distribution facilities for the service of traction, safety, signalling, telecommunications, switches, and lighting, substations and catenaries;
43° "industrial closed network manager": a natural or legal person who owns an industrial closed network or has a right of use on such a network;
44° "industrial closed network user": a final customer connected to an industrial closed network;
45° Auxiliary service: a service required to operate a transportation or distribution network;
46° "off-call procedure": the procedure by which additional requirements and planned renewal capabilities are covered by supplies from new or existing production facilities;
47° "electricity derivative instrument": a financial instrument covered by the provisions that implement Annex I^re, Section C, items 5, 6 and 7 of Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on the markets of financial instruments, amending Council Directive 85/611/EEC and Directive 93/6/EEC of the Council and Directive 2000/12/EC of the European Parliament and the Council and repealing Council Directive 93/22/EEC when the said instrument deals with electricity;
48° "unscheduled temporary or final shutdown": the temporary or final shutdown not scheduled in the development plan referred to in section 13 of an electrical production facility that is not the result of an accident and that prevents the reactivation of this facility after three times the length of the large maintenance;
49° "variable energy prices": the price of the energy component in a variable contract that the supplier invoices to residential and SME end customers and that is indexed at regular intervals on the basis of a contractually agreed indexing formula (excluding network rates, taxes and royalties);
50° "SMEs": final customers with an annual consumption of less than 50 MWh of electricity and less than 100 MWh of gas for the whole, by end customers, of their connection points to the transport and/or distribution network. "
Art. 3. In section 3 of the Act, last replaced by the Act of 6 May 2009, the following amendments are made:
1° to § 1^erParagraph 1^er is supplemented by the words "and in consultation with the commission";
2° to § 1^er, paragraph 2, the words ", the commission" are repealed;
3° to § 1^erParagraph 2 is supplemented by the following sentence:
"The Directorate General of Energy can consult with representative actors in the electricity market. »;
4° § 1^er is supplemented by paragraph 5, which reads as follows:
"The Directorate General of Energy prepares 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 supply security in which the results of the follow-up to these issues are presented and any action taken or envisaged in this regard. This report is issued by 31 July and is communicated immediately to the European Commission. »;
5° to § 2, 1°, the words "and offer" are inserted between the words "of demand" and the words "of electricity in the medium and long term";
6° to § 2, 1°, the words "in means of production" are replaced by the words "in new means";
7° § 2, 2°, is supplemented by the words "for the purpose of taking into account Belgium's international commitments to reduce emissions and to produce energy from renewable sources; »;
8° § 2 is supplemented by points 5° and 6° written as follows:
"5° it makes recommendations based on the findings made in § 2, 1° to 4°. The network manager takes these recommendations into account by drawing up its development plan referred to in section 13;
6° it analyses the opportunity to use the tender procedure provided for in Article 5. »;
9° in § 3, the first sentence is supplemented by the words "as well as the European Commission".
Art. 4. In section 4 of the Act, last amended by the Act of 6 May 2009, the following amendments are made:
1° to § 2, point 3° is supplemented by the words ", the contribution of the production capacity to the realization of the general objective of the European Union set by the Directive 2009/28/EC and the contribution of the production capacity to the reduction of emissions";
2° at § 2, point 4°, the word "economic", is inserted between the words "technical capacities" and the words "financial";
3° to § 2, point 5° is replaced by the following:
"5° of public service obligations, including the regularity and quality of electricity supplies; »;
4° § 2 is supplemented by points 6° and 7°, as follows:
"6° the protection of public health and safety;
7° the ability of the installation to participate in the automatic auxiliary services of primary frequency setting and automatic secondary adjustment of the balance of the Belgian setting zone. »;
5° § 3 is supplemented by a point 4° written as follows:
"4° the procedures to be followed in the event of the transfer of production facilities constructed and put into service prior to the coming into force of this Act or in the event of a change in control, fusion or splitting of the owners of production facilities built and put into service prior to the coming into force of this Act. »;
6° the article is supplemented by a § 5, written as follows:
“§ 5. For new production facilities that have not produced the previous year, alone or with the facilities of the companies that are related to it, more than 5% of the total production share in the Belgian setting area, provided that they do not fall within the scope of Article 7 or equivalent regional mechanisms for electricity produced from renewable energy sources or quality cogeneration, This correction factor is determined by the commission pursuant to Article 12 to promote the new facilities referred to in this paragraph. As a transitional measure, until the Commission determines the correction factor referred to above, the latter factor corresponds to the minimum tariff penalty applicable to the imbalance as determined by the commission under section 12. For 2011, this measure will produce its effects regardless of the date of the first injection of the new production facility on the network this year. "
Art. 5. In the same law, an article 4bis is inserted as follows:
"Art. 4bis. § 1^er. For the purpose of ensuring the security of electricity supply and the security of the network, the final or temporary shutdown of an unscheduled electricity production facility in the development plan referred to in section 13 is subject to an obligation of information before the Minister, the commission and the network manager fifteen months calendar before the effective date of final or temporary shutdown. The requirement for pre-stop information is required for any electricity production facility, whether or not it has received an individual prior authorization in accordance with section 4.
§ 2. After notice of the commission and the network manager, the King may, by order deliberately in the Council of Ministers, determine the pre-information procedure referred to in § 1^erin particular with regard to the form and modalities of information. "
Art. 6. Section 5 of the Act, replaced by the Act of 1^er June 2005, the following amendments are made:
1° § 2, 1°, is replaced by the following:
"1° the inadequacy between the production park and the evolution of the demand for medium- and long-term electricity, taking into account the prospective study and particularly Belgium's commitments to reduce greenhouse gas emissions and energy production from renewable sources; »;
2° to § 4, paragraph 1^er, the words ", after notice of the commission" are inserted between the word "will determine" and the words "the terms";
3° to § 4, paragraph 1^er is completed by a point 4°, as follows:
"4° respect for tender records submitted by bidders of the criteria set out in Article 4 and its enforcement orders. »;
4° in § 4, paragraph 2, the words "established by the Directorate General of Energy" are inserted between the words "The specifications" and the words "may contain incentives";
5° it is inserted a § 4bis written as follows:
§ 4bis. The terms and conditions of the tender process are published in the Official Journal of the European Union at least six months before the date of the closing of the tender.
The terms of reference are made available to any interested company, established in the territory of a Member State of the European Union, so that it may have sufficient time to submit an offer.
In order to ensure transparency and non-discrimination, the terms of reference contain a detailed description of the market specifications and the procedure to be followed by all bidders and the award of the market, including incentives. »;
6° § 5 is replaced by the following:
“§ 5. After receiving the opinion of the authorities consulted in accordance with the procedure of section 4, the Minister shall designate, on the basis of the criteria referred to in section 4, § 2, the candidate(s) selected following the tender. This designation applies to individual power generation authorization within the meaning of section 4. »;
7° the article is supplemented by a § 6 written as follows:
“§ 6. The Directorate General of Energy is responsible for the organization, monitoring and control of the tender procedure referred to in § 1^er 5. In this context, the Directorate General of Energy takes all necessary measures to ensure that the confidentiality of the information contained in the offers is guaranteed. "
Art. 7. In section 7 of the Act, last amended by the Act of 22 December 2008, the following amendments are made:
1° § 1^er, 1°, is completed by the following sentence:
"The certificates granted to electricity production facilities from the winds in the marine areas on which Belgium may exercise its jurisdiction in accordance with international maritime law and subject to a state concession referred to in Article 6 shall not be subject to the obligation of redemption at a minimum price referred to above provided that the electricity produced by these installations and given the right to the granting of the certificates is injected directly on the network. »;
2° it is inserted a § 1^erbis as follows:
« § 1^er bis. In particular, based on the conditons of best technological practices, the purchase price of electricity and the cost of financing, the commission prepares an annual report, for future projects, on the cost effectiveness of the minimum price of the redemption obligation referred to by the manager of the network of green certificates granted by the federal and regional authorities. This report is submitted to the Minister and is posted on the Commission's website.
Where applicable, the commission may issue a notice on the opportunity to amend the royal decree deliberated in the Council of Ministers referred to above with respect to the height of this minimum price. »;
3° to § 3, paragraph 1^er, the words "The King sets out the modalities for calculating the production gap on the proposal of the network manager and the Commission's advice, including how the incremental costs are incorporated into the network manager's tariffs" are replaced by the words "The commission fixes, on the proposal of the network manager, the modalities for calculating the production gap, including how the incremental costs are integrated into the network manager's tariffs;
4° § 3, 1°, is supplemented by the words "when the market reference price is positive or increased by 10% when the market reference price is negative; »;
5° § 3, 2°, is supplemented with words "when the market reference price is positive or decreased by 10% when the market reference price is negative. "
Art. 8. Section 8 of the Act, last amended by the Act of 1^er June 2005, the following amendments are made:
1° to § 1^erParagraph 3 is replaced by the following:
"For this purpose, the network manager is responsible for the following tasks:
1° to ensure the long-term capacity of the transport network and to meet reasonable demands for the transport of electricity, to operate, maintain and develop, under economically acceptable conditions, a network of safe, reliable and efficient transport, giving all the attention required to respect the environment. The development of the transport network covers the renewal and extension of the network and is being studied as part of the development plan;
2° ensure a safe, reliable and efficient electrical network and, in this context, ensure the availability and implementation of all necessary auxiliary services, as this availability is independent of any other transport network with which its network is interconnected. Auxiliary services include services provided in response to demand and emergency services in the event of failure of production units, including renewable energy units and quality cogeneration. For the activation of the necessary means of production to ensure the balance of the setting area, the network manager favours the use of a transparent market platform.
The network manager acquires the energy it uses to cover energy losses and maintains a reserve capacity in the network according to transparent, non-discriminatory and market-based procedures;
3° contribute to supply security through adequate transport capacity and network reliability;
4° to manage electricity flows on the network taking into account exchanges with other interconnected networks and, in this context, to coordinate the call of production facilities and the determination of the use of interconnections so as to ensure a permanent balance of electricity flows resulting from the supply and demand of electricity;
5° ensure the coordination of the call to production facilities and the determination of the use of interconnections on the basis of objective criteria approved by the commission. These criteria take into account:
(a) the order of economic precedence of electricity from available production facilities or interconnection transfers, as well as technical constraints on the network;
(b) priority to be given to production facilities that use renewable energy sources, to the extent that the safe management of the transport network allows and on the basis of transparent and non-discriminatory criteria, as well as to facilities that produce heat and combined electricity. The King, after notice of the commission and in consultation with the Regions, may specify the criteria to be met by a production facility that uses renewable energy sources to benefit from this priority and determine the technical and financial conditions to be applied by the network manager in this regard;
(c) the minimization of the deletion of electricity from renewable energy sources;
(d) priority for supply security reasons to be given to production facilities using native primary energy sources, within 15% of the total amount of primary energy required to produce electricity consumed in Belgium during a calendar year;
6° provide the manager of any other network interconnected with its network with sufficient information to ensure safe and efficient operation, coordinated development and interoperability of the interconnected network;
7° guarantee non-discrimination between users or categories of users of the network, especially in favour of its related or associated companies;
8° provide network users with information they need for effective access to the network;
9° collect revenues from congestion management and payments made under the clearing mechanism between transport network managers in accordance with section 13 of Regulation (EC) No 714/2009;
10° to grant and manage third party access to the transportation network and specify the grounds for refusal of such access;
11° publish the planning, operation and safety standards used, including a general plan for the calculation of the total transfer capacity and the margin of reliability of transport from the electrical and physical characteristics of the network;
12° define and publish procedures for restrictions of transactions that may be applied in a non-discriminatory manner in the event of emergencies, as well as methods of compensation, including basic concepts and methods for determining responsibilities in the event of breaches of these obligations, possibly applicable in the case of such restrictions;
13° publish any useful data relating to the availability, accessibility and use of the network, including a report on the location and causes of congestion, as well as on the methods used to manage congestion and projects related to its future management;
14° publish a general description of the method of managing the congestion applied in different circumstances to maximize the available capacity in the market, as well as a general plan for calculating the interconnection capacity for the different maturity dates, based on the electrical and physical characteristics of the network;
15° establish, no later than eighteen months after the publication of the law of ... amending the law of 29 April 1999 on the organization of the electricity market and the law of 12 April 1965 on the transport of gaseous and other products by pipelines, a progress report on the conditions necessary to ensure the balance of the adjustment zone. After consultation with the relevant market actors, the network manager addresses this report, in which the feasibility conditions are explicitly determined prior to the development of the platform referred to in item 2 of the Belgian Federation of Electric and Gas Enterprises, the commission and the Minister.
16° ensure that when their final customers connected to the transport network or to a direct line wish to change suppliers, without questioning and respecting the duration and terms of their contracts, this change is made within a maximum of three weeks. »;
2° it is inserted a § 1^erbis is inserted as follows:
« § 1^erbis. As part of the tasks referred to in § 1^er, the network manager works first to facilitate market integration.
To this end, the network manager ensures that he coordinates with the neighboring transport network managers in North-Western Europe, namely the Netherlands, Luxembourg, France and Germany, as well as with other relevant European network managers, for the implementation of a coordinated method and procedure for the management of congestion for the assignments of capacities that expire at one year, one month and one day. The network manager ensures that this coordination covers all stages of the process, from the calculation of capabilities and the optimization of allocation to the safe operation of the network, with a precise division of responsibilities, and that it includes:
(a) the use of a common transport model to effectively manage interdependent physical closure flows, taking into account differences between physical and commercial flows;
(b) the allocation and booking of capacities in the context of effective management of interdependent physical closure flows;
(c) the same obligations, for capacity holders, for the provision of information on the use they plan to make the capabilities assigned to them, i.e., capacity booking (for explicit auctions);
(d) identical deadlines and closing dates;
(e) an identical structure for the allocation of capacities between the different maturity dates and in terms of capacity blocks sold (e.g. electricity expressed in MW, MWh, etc.);
(f) a consistent contractual framework with market operators;
(g) flow verification to ensure compliance with network security requirements for operational planning and real-time operation;
(h) accounting treatment and liquidation of congestion management measures.
The network manager also publishes all relevant data on cross-border exchanges based on the best possible forecasts and any useful data provided by market operators. The network manager shall publish at least the following data:
(a) annually: information on the long-term evolution of the network and its impact on cross-border transport capacity;
(b) each month: forecasts for one month and one year of the transport capacity available to the market, taking into account all useful information available to the network manager at the time of calculation of the forecasts (e.g., the effect of the seasons on the capacity of the lines, maintenance activities on the network, availability of production units, etc.);
(c) each week: the one-week forecast of the transport capacity available to the market, taking into account all useful information available to the network manager at the time of calculation of the forecasts, such as weather forecasts, network maintenance planning, availability of production units, etc.;
(d) each day: the capacity of one-day and intra-day transport available to the market for each unit of market time, taking into account all day-to-day reservations on a net basis, production programs to one-day, demand forecasts and planning of network maintenance work;
(e) the total capacity already allocated, per unit of market time, and all the useful conditions under which this capacity can be used (e.g., auction equilibrium price, capacity use requirements, etc.), to determine the remaining capabilities;
(f) the assigned capacities, as soon as possible after each assignment, as well as an indication of the prices paid;
(g) the total capacity used, per unit of market time, immediately after booking;
(h) almost in real time: the commercial and physical flows made, on an aggregate basis, per unit of market time, including a description of the effects of any corrective actions taken by the network manager (e.g., transaction restriction) to solve network or system problems;
(i) ex-ante information on planned unavailability and ex-post information for the previous day on planned and unforeseen unavailability of production units with a capacity greater than 100 MW.
The network manager also ensures that energy efficiency is promoted. To this end, it uses erasure and implements smart meters and/or networks. As part of the smart meters, the network manager will conduct a long-term economic evaluation of all the costs and benefits of these meters for the market and for final customers connected to the transport network, taken individually.
The Network Manager reports annually to the Minister on measures taken to promote energy efficiency on the transportation network.
The network manager cooperates in the exercise of his duties with the CAB, at the request of the CAB. It also cooperates with the European network of electricity transport network managers for the development of network codes and other tasks referred to in Article 8 of Regulation (EC) No. 714/2009 and in accordance with Article 12, § 3 of the Regulations. »;
3° to § 2, paragraphs 1^er and 2 are replaced by the following:
"The network manager may, in accordance with his social object, exercise any other activity in or outside Belgium without prejudice to the provisions of Article 9, § 1^er. Subject to consultation with the Regions, the network manager may operate a combined transportation and distribution network and thus carry out activities including services for the operation, maintenance, improvement, renewal, extension and/or management of local, regional and/or distribution networks of 30 kV to 70 kV. It may carry out these activities, including commercial activities, directly or through participation in existing public or private bodies, societies or associations or associations.
These activities can only be carried out, directly or through participation, if they do not have a negative impact on the independence of the network manager or on the performance of the tasks entrusted to him by law. »;
4° to § 2, a paragraph written as follows is inserted between paragraphs 2 and 3:
"The network manager communicates these activities, carried out directly or through participation, as well as any related changes, to the commission. »;
5° to § 2, the last paragraph shall be replaced by the following:
"The network manager establishes rules of engagement that contain the measures taken to ensure that any discriminatory practice is excluded and ensures that its application is properly monitored. These rules list the specific obligations imposed on staff members to achieve this goal. A person responsible for the monitoring of the rules of engagement within the network manager prepares an annual report for the commission describing the actions taken. This report is published by the network manager. "
Art. 9. Section 9 of the Act, replaced by the Act of 1^er June 2005, the following amendments are made:
1° to § 1^erParagraph 1^er, the following sentence is inserted after the first sentence:
"It meets the conditions set out in section 524 of the Corporate Code. »;
2° to § 1^erParagraph 1^er, the words "production in the Belgian setting area within the power limits of its auxiliary service needs and" are inserted between the words "in activities of production or sale of electricity other than" and the words "sales required by its coordination activity";
3° to § 1^erParagraph 1^er is supplemented by the following sentences:
"When it engages in production activities in the Belgian setting area within the limits of the power of its auxiliary service needs, the network manager is subject to the tariffs approved under Article 12 and to the provisions of Article 12quinquies. In this context, it values the auxiliary services it performs in accordance with articles 12 and 12quinquies. The electricity produced in this framework by the network manager cannot be marketed. The network manager uses, as a last resort, in the form of negotiated drawing rights, production activities in the Belgian setting area within the limits of the power of its needs in terms of auxiliary services after agreement of the commission and after having previously implemented any pre-market procedures. »;
4° § 1^er, paragraph 2, is supplemented by the words "and in natural gas companies as defined by the law of 12 April 1965 on the transport of gaseous and other products by pipelines. With respect to distribution network managers, this paragraph is without prejudice to the provisions of Article 8, § 2. »;
5° § 1^er is supplemented by the following paragraphs:
"Electric and/or natural gas companies, as defined by the Act of April 12, 1965 on the transport of gas and other products by pipelines, cannot hold either alone or jointly, directly or indirectly, any share of the network manager's capital or any action of the network manager. The shares of these companies cannot be accompanied by a right to vote.
The Network Manager's statutes and shareholder conventions cannot grant special rights to active companies, directly or indirectly, in the production and/or supply of electricity and/or natural gas.
Companies active, directly or indirectly, in the production and/or supply of electricity and/or natural gas may not designate members of the board of directors, steering committee, corporate governance committee, audit committee, compensation committee and any other body legally representing the network manager.
The same natural person is not allowed to be a member of the supervisory board, board of directors or bodies legally representing the company, and simultaneously of a company performing one of the following functions: electricity generation or supply and the manager of the electricity transmission network. »;
6° it is inserted a § 10bis written as follows:
“§ 10bis. The King may, by royal decree deliberated in the Council of Ministers, designate two representatives of the federal government from two different linguistic roles within the board of the network manager. These government representatives sit there with an advisory vote.
Government officials may also, within four business days, appeal to the Minister against any decisions of the board of directors that they consider to be contrary to the Government's general policy guidelines regarding the country's energy security. This four-day period runs from the day of the meeting at which the decision was made, if government representatives had been regularly invited to the meeting, and, if not, from the day on which government representatives or one of them became aware of the decision.
The appeal is suspensive.
If the Minister has not overturned the decision within eight working days after the appeal, the decision becomes final.
The second paragraph is also applicable to the budget to be prepared by the Board of Directors in each fiscal year.
Government representatives are not paid. "
Art. 10. Article 9bis, § 1^er, of the same law, inserted by the law of 14 January 2003, is supplemented by two paragraphs written as follows:
"The titles eventually held by active companies, directly or indirectly, in the production and/or supply of electricity and/or natural gas, are not subject to voting rights.
The statutes of the network manager's subsidiaries and shareholder agreements cannot grant special rights to active companies, directly or indirectly, in the production and/or supply of electricity and/or natural gas. "
Art. 11. In section 9ter of the same law, inserted by the law of 1^er June 2005 and amended by the Act of 6 May 2009, the following amendments are made:
1° point 1° is replaced by the following:
"1° the independence requirements of staff members and the network manager's management committee for network and intermediaries users; »;
2° at point 2°, the words "and other confidential data" are inserted between the words "commercial data" and the words "related to network users";
3° at point 4°, the words "12 to 12novies" are replaced by the words "12 to 12quinquies";
4° to point 4°, the words "to conciliation or arbitration in accordance with the regulation referred to in section 28" are replaced by the words "to the Chamber of Disputes referred to in section 29. "
Art. 12. In the same Act, an article 9quater is inserted, as follows:
"Art. 9quater. § 1^er. The network manager preserves the confidentiality of the commercially sensitive information that he or she is aware during the performance of his or her activities and prevents information about his or her activities, which may be commercially beneficial, from being discriminated against.
The network manager refrains from transferring the information referred to to to active companies, directly or indirectly, in the production and/or supply of electricity.
It also refrains from transferring its staff to such companies.
The network manager, when selling or purchasing electricity from an electricity company, does not misuse the commercially sensitive information it has obtained from third parties when accessing the network or negotiating their access to the network.
The information necessary for effective competition and the proper functioning of the market is made public. This obligation does not affect the protection of the confidentiality of commercially sensitive information. "
Art. 13. In section 10 of the Act, as amended by the Act of 14 January 2003, the following amendments are made:
1° § 1^er is supplemented by the following three paragraphs:
"Before a company is designated as a network manager, it is certified in accordance with the procedure referred to in § 2ter.
The identity of the designated network manager is communicated to the European Commission.
The network manager definitively designated before the publication of the law of ... amending the law of April 29, 1999 on the organization of the electricity market and the law of April 12, 1965 on the transport of gaseous and other products by pipelines is deemed to be certified. The commission may at any time open a certification procedure. »;
2° to § 2, 1°, the words ", without prior certification" are inserted between the words "significant change" and the words "in the ownership of the network manager";
3° § 2 is supplemented by a point 3° written as follows:
"3° absence of certification from the network manager in accordance with the procedures set out in § 2ter and 2quater of this article. »;
4° § 2 is supplemented by two paragraphs written as follows:
"The Minister may revoke the departmental designation order of the network manager only after notice of the commission and after hearing the network manager.
Five years before the expiry of its mandate, the network manager may request the renewal of its designation. »;
5° it is inserted a § 2bis, a § 2ter and a § 2quater, as follows:
“§ 2bis. Prerequisitely to any transaction that may justify a re-evaluation of how it complies with the requirements set out in sections 9 to 9ter, the network manager shall notify the commission of its intention to undertake this transaction. Such transactions may only be continued by prior certification in accordance with the procedure set out in § 2ter. In the event of a conclusion of a transaction that can justify a re-evaluation of how the network manager complies with the requirements set out in sections 9 to 9ter without prior certification, the commission remains the network manager to comply with these requirements under § 2ter. The network manager is revoked by default of regulation following this procedure.
The notification at any time to the commission of abandonment of the transaction concerned renders the certification procedure referred to in § 2ter caduque.
§ 2ter. The commission ensures that the network manager maintains consistent compliance with the requirements set out in sections 9 to 9ter. It opens a certification procedure to this effect:
(a) where a network manager candidate applies to the commission;
(b) in the event of notification by the network manager pursuant to § 2bis;
(c) on its own initiative, where it is aware that a planned change in authority or influence on the network manager may result in an offence under sections 9 to 9ter, or where it has reason to believe that such an offence may have been committed; or
(d) at the request of the European Commission.
The Commission shall inform the Minister of the initiation of a certification procedure and the network manager when acting on its own initiative or on the basis of the European Commission.
Application for certification of a network manager candidate and notification of a network manager referred to in paragraph 1^er, b), is made by registered letter with acknowledgement of receipt and mentions all necessary and useful information. Where applicable, the Commission requests the network manager candidate or network manager to provide additional information within 30 days of the application.
When acting on its own initiative or on the basis of a reasoned request of the European Commission, the Commission mentions in its mail the alleged breaches of the provisions of articles 9 to 9ter or relays the motivation of the European Commission.
After having invited the network manager to respond, within thirty working days, to any breaches it presumes or to the motivation of the European Commission, the Commission shall adopt a draft decision on the certification of the network manager within four months of the date of application of the network manager candidate, the date of notification of the network manager, the date on which it informed the Minister, when it acts on its own initiative, or the date of notification of the network manager. The certification is deemed to be granted at the end of this period. The draft explicit or tacit decision of the commission becomes final only after the conclusion of the procedure defined in paragraphs 6° to 9°.
The Commission shall promptly notify the European Commission of its explicit or tacit draft decision on the certification of the network manager, together with all relevant information relating to this draft decision. The European Commission renders a notice in accordance with the procedure provided for in Article 3 of Regulation (EC) No. 714/2009.
After receiving the explicit or tacit opinion of the European Commission, the Commission shall render and communicate to the Minister, as soon as possible and no later than in the month of the opinion of the European Commission, its final certification decision, motivated with respect to the requirements of sections 9 to 9ter. The Commission takes the most into account in its decision in the opinion of the European Commission. The Commission's decision and the opinion of the European Commission are published together at the Belgian Monitor.
The above-mentioned certification procedure becomes null and void when:
(a) the transaction notified to the commission under § 2bis is abandoned; or
(b) the network manager shall address the failures resulting in the initiation of the certification procedure by the Commission and/or the European Commission.
The Commission and the European Commission may require the network manager and the companies active in the production and/or supply of electricity, any information useful to the performance of their tasks under this paragraph. They ensure the confidentiality of commercially sensitive information.
§ 2quater. When the certification is requested by an owner or a transport network manager on which one or more persons from one or more third countries exercise control, the commission shall inform the European Commission.
The Commission shall also promptly notify the European Commission of any situation that would have the effect that one or more persons from one or more third countries acquire control of a transport network 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 more persons of one or more third countries acquire control of the transportation network or network manager. Such a transaction may continue only with certification under this paragraph. In the event of the conclusion of the transaction without certification, the Commission shall maintain the network manager to comply with the requirements of sections 9 to 9ter under this subsection. The network manager is revoked by default of regularization following this procedure.
The notification at any time to the Commission of the abandonment of the draft transaction renders the certification procedure of this paragraph null and void.
The Commission adopts a draft decision on the certification of the network manager within four months of the date of notification to which the network manager has made. It refuses to grant certification if it has not been demonstrated:
(a) that the entity concerned complies with the requirements set out in sections 9 to 9ter; and
(b) that certification will not jeopardize the security of the energy supply of Belgium or the European Union. When examining this issue, the Commission considers:
1° the rights and obligations of the European Union arising from international law with respect to that third country, including any agreement reached with one or more third countries to which the European Union is a party and dealing with the issue of the security of the energy supply;
2° the rights and obligations of Belgium in respect of that third country arising out of agreements with that third country, to the extent that they are in conformity with the law of the Union; and
3° other specific facts and circumstances of the case and the third country concerned.
The Commission shall promptly notify the European Commission of its draft decision, as well as any relevant information.
Before finalizing its decision, the Commission requests the opinion of the European Commission on whether:
(a) the entity concerned complies with the requirements set out in sections 9 to 9ter; and
(b) certification does not endanger the security of the European Union's energy supply.
The European Commission shall consider the application upon receipt. Within two months of receipt of the application, the Commission shall render its opinion.
For the establishment of its opinion, the European Commission may request the opinion of the ACER, the Belgian State and interested parties. In the event that the European Commission makes such a request, the two-month period is extended by two additional months.
If the European Commission does not render an opinion during the period referred to in paragraphs 8 and 9, it is deemed not to have raised objections to the Commission's draft decision.
The Commission shall have two months after the expiry of the period referred to in paragraphs 8 and 9 to adopt its final certification decision. To do so, the Commission takes as much into account the opinion of the European Commission. In any case, the commission has the right to refuse to grant certification if it endangers the security of the energy supply of Belgium or the security of the 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 shall provide and publish with the decision the reasons for this decision. "
Art. 14. In the same law, an article 11bis is inserted:
"Art. 11bis. The network manager, for the benefit of which a royal decree of declaration of public utility has been taken, may, at his request and within the limits of this order and in consultation with the Regions and communes concerned, be authorized by the King to continue on behalf of the State but at his own expense the expropriations necessary for the entire transport network he manages. The emergency procedure provided for in sections 2 to 20 of the Act of 26 July 1962 on the extreme emergency procedure for expropriation because of public utility is applicable to these expropriations. "
Art. 15. Section 12 of the Act, last amended by the Act of December 21, 2007, is replaced by the following:
“Art. 12. § 1^er. The connection, use of electrical infrastructure and systems and, where appropriate, the auxiliary services of the network manager are subject to tariffs for the management of the transport network and networks with a transport function. The concept of networks with a transport function aims, on the one hand, the transport network and, on the other hand, the distribution networks, local or regional transport with a voltage level of between 30kV and 70kV which are mainly used for the delivery of electricity to non-residential customers and other networks established in Belgium as well as the interaction between electricity production facilities and between electrical networks that have a transport function.
§ 2. After a structured, documented and transparent consultation with the network manager, the Commission sets out the tariff methodology that the manager must use to establish its tariff proposal.
The tariff methodology includes:
(i) the definition of cost categories that are covered by rates;
(ii) the cost categories on which, if applicable, the incentive regulation is carried;
(iii) the evolutionary rules over time of the cost categories referred to in (i), including the method of determining the parameters in the devolution formulas;
(iv) the cost allocation rules to network user categories;
(v) the general rate structure and rate components.
The consultation with the network manager is agreed between the commission and the network manager. If no agreement is reached, the consultation shall be held at least as follows:
1° the commission sends to the network manager the convocation to the consultation meetings referred to in § 2, 1^er paragraph, as well as documentation on the items on the agenda of these meetings within a reasonable period of time before such meetings. The convocation mentions the venue, date and time of the meeting, as well as the items on the agenda;
2° as a result of the meeting, the Commission prepares a draft meeting minutes containing the arguments put forward by the various parties and the points of agreement and disagreement that it transmits to the network manager for approval within a reasonable time after the meeting;
3° within a reasonable period of time following the receipt of the minutes of the committee approved by the parties, the network manager sends to the commission his formal notice on the rate methodology resulting from the consultation, emphasizing, where appropriate, any points of disagreement.
By derogation from the above provisions, the tariff methodology may be established by the commission following a determined procedure agreed with the network manager on the basis of an explicit, transparent and non-discriminatory agreement.
§ 3. The Commission shall communicate to the House of Representatives its proposed tariff methodology, the completeness of the documents relating to consultation with the network manager and any documents that it considers necessary for the reasons for its decision on tariff methodology, while maintaining the confidentiality of commercially sensitive information concerning 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, the entirety of the documents relating to consultation with the network manager and any documents that it considers useful to the motivation of its tariff methodology decision, while preserving the confidentiality of commercially sensitive information concerning suppliers or users of the network, personal data and/or data whose confidentiality is protected under specific legislation.
§ 4. The tariff methodology established under § 3 and applicable to the establishment of the tariff proposal shall be communicated to the network manager no later than six months before the date on which the tariff proposal must be filed with the Commission. Changes must be motivated.
This tariff methodology remains in effect throughout the tariff period, including the closing of the balances for that period. Changes to the rate methodology in the current 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 the network manager.
§ 5. The Commission shall establish the tariff methodology in accordance with the following guidelines:
1° the tariff methodology must be comprehensive and transparent, so that the network manager can establish his tariff proposal on that basis alone. It includes elements that must be included in the tariff proposal. It defines the reporting models to be used by the network manager;
2° the tariff methodology shall provide an efficient coverage of all necessary or effective costs for the performance of the legal or regulatory obligations of the network manager and for the exercise of its transportation network management activity or networks with a transport function;
3° the rate methodology sets the number of years of the regular period beginning at 1^er January. The resulting annual rates are determined under the applicable tariff methodology for that period;
4° the tariff methodology allows the balanced development of the transport network and networks with a transport function, in accordance with the development plan of the network manager referred to in section 13 and the investment plans as approved, if any, by the competent authorities;
5° the possible criteria for rejecting certain costs are non-discriminatory and transparent;
6° the rates are non-discriminatory and proportionate. They respect a transparent cost allocation;
7° the structure of the tariffs promotes the rational use of energy and infrastructure;
8° the different rates are uniform in the territory served by the network manager;
9° the normal remuneration of capital invested in the regulated assets must allow the network manager to make the investments necessary for the performance of his or her missions.
In the event of a difference in the treatment of capital, or amortization between network managers, the difference is duly motivated by the commission;
10° the compensation services for imbalances in the Belgian setting area are provided in the most efficient way in terms of costs and provide the network users with the appropriate incentive elements to balance their injection and removal. The rates associated with these services are fair, non-discriminatory and based on objective criteria;
11° the net costs of public service missions imposed by this Act, the Order or Order and their enforcement orders are taken into account in the tariffs in a transparent and non-discriminatory manner, in accordance with the applicable legislative and regulatory provisions;
12° the taxes, taxes and contributions of any kind, and the overloads imposed by this Act and its enforcement orders, the decree or order and their enforcement orders are added to the tariffs in a transparent and non-discriminatory manner, taking into account the applicable legislative and regulatory provisions;
13° purchases of goods and services carried out in accordance with the law on public procurement shall be deemed to be made at the market price, subject to, where appropriate, the discretion of the commission and subject to the respect, for the auxiliary services, of the provisions of Article 12quinquies;
14° the methodology determines the modalities for the integration and control of the unfunded costs arising from the supplementary pension or pension expenses of the non-capitalized public sector, paid to agents engaged in a regulated activity of transport or intended for the carriage of electricity, due for years prior to the liberalization under the articles, collective labour agreements or other conventions sufficiently formalized, approved before 30 April 1999, or paid to their beneficiaries
15° the balances and their distributions over the following regular periods are determined in a transparent and non-discriminatory manner;
16° the objective differences between transport network managers and which cannot be eliminated on the initiative of the network manager are taken into account.
Any decision using comparison techniques incorporates qualitative parameters and is based on homogeneous, transparent, reliable and published or fully communicable data in the motivation of the commission's decision.
The reasonableness of costs is valued by comparison with the corresponding costs of enterprises having similar activities under similar conditions, taking into account, inter alia, the regulatory or regulatory specificities existing in international comparisons made;
17° tariffs for the use of the transport network or networks with a transport function 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 as a benchmarking with neighbouring countries, in order not to jeopardize the security of supply of the country by a decline in the competitiveness of the production units concerned. In the tariff proposal accompanied by the budget referred to in § 8, the network manager motivates these differentiations;
18° any productivity efforts that may be imposed on the network manager may not endanger, in the short or long term, the security of persons or goods or the continuity of the supply;
19° cross-subsidization between regulated and unregulated activities is not permitted;
20° tariffs encourage the network manager to improve performance, promote market integration and security of supply, and conduct the research and development necessary for its activities;
21° the rates for emergency electricity for quality cogeneration facilities connected to the transport network or to networks with a transport function are among the prices of auxiliary services. These rates are mainly based on electricity consumption for the emergency and maintenance needs of cogeneration facilities.
22° For the extensions of facilities or new facilities for the transport of electricity recognized as national or European interest, the tariff methodology referred to in § 2 may provide specific provisions for the remuneration of capital necessary for their financing more favourable than the normal remuneration of capital referred to in § 5, 9°, as well as for the coverage of costs in order to promote their realization and in such a way as to enable their long-term development.
The investments made by the network manager that contribute to the security of the country's supply and/or to the optimization of the operation of cross-border interconnections, including the installation of disphase transformers, thus facilitating the development of the national and European internal market or contributing to the national reception of production from sources of renewable energy that it is connected directly to the network Investments of national or European interest relate to facilities that:
- strengthen existing links or create new network links managed by the network manager using DC technology;
- strengthen existing links or create new links managed by the network manager located in the marine areas on which Belgium exercises jurisdiction;
- strengthen existing interconnections or create new cross-border interconnections or result from the increased capacity of these interconnections;
23° the costs referred to in points 11°, 12° and 14°, the financial expenses, the costs of the auxiliary services and the costs other than those referred to in § 2(ii) are not subject to an incentive regulation;
24° the rates aim to offer a fair balance between the quality of the services presets and the prices supported by the final customers.
The Commission may control the costs of the network manager on the basis of applicable legislative and regulatory provisions.
§ 6. The network manager shall establish the tariff proposal in accordance with the tariff methodology established by the Commission and shall introduce the tariff proposal in accordance with the procedure for the introduction and approval of tariffs.
§ 7. The Commission examines the tariff proposal, determines its approval and communicates its reasoned decision to the network manager in accordance with the procedure for introducing and approving tariffs.
§ 8. The procedure for introducing and approving tariff proposals is agreed between the Commission and the network manager. If there is no agreement, the procedure is as follows:
1° the network manager shall submit, within a reasonable period of time before the end of the last year of each current regular period, his tariff proposal accompanied by the budget for the next regular period in the form of the report model established by the commission in accordance with § 5;
2° the tariff proposal, together with the budget, is transmitted in three copies per carrier with acknowledgement of receipt to the commission. The Network Manager also transmits an electronic version to which the Commission may, if necessary, rework the tariff proposal with the budget;
3° within a reasonable period of time following the receipt of the tariff proposal accompanied by the budget, the commission confirms to the network manager, by letter by bearer with acknowledgement of receipt, as well as by e-mail, that the file is complete or sends a list of the additional information that it must provide. Within a reasonable period of time following receipt of the above-mentioned letter in which further information was requested, the network manager shall forward this information to the commission in three copies per letter per carrier with acknowledgement of receipt. The Network Manager also transmits an electronic version of the responses and additional information to the Commission;
4° within a reasonable period of time following receipt of the tariff proposal referred to in 2° or, where appropriate, within a reasonable time after receipt of the replies and additional information from the network manager referred to in 3°, the Commission shall inform the network manager by letter by carrier with acknowledgement of receipt, its approval decision or its proposed decision to refuse the tariff proposal accompanied by the budget concerned.
In its proposed denial of the tariff proposal accompanied by the budget, the Commission shall give reasons for the points that the network manager must adapt to obtain a Commission approval decision. The Commission is empowered to request the Network Manager to amend its tariff proposal to ensure that it is proportionate and applied in a non-discriminatory manner;
5° if the Commission denies the tariff proposal with the network manager's budget in its proposed denial of the tariff proposal accompanied by the budget, the network manager may give his objections to this matter to the commission within a reasonable time after the receipt of this draft decision.
These objections are transmitted to the commission by carrier with acknowledgement of receipt, as well as in electronic form.
The network manager shall, at his request, be heard by the commission, within a reasonable time after receipt of the proposed denial of the tariff proposal with the budget.
Where applicable, the network manager shall submit, within a reasonable time after the receipt of the proposed denial of the tariff proposal accompanied by the budget, to the commission, by bearer with acknowledgement of receipt, in three copies its appropriate tariff proposal accompanied by the budget. The network manager also submits an electronic copy to the commission.
Within a reasonable period of time following the Commission's submission of the proposed denial decision of the proposed rate proposal with budget or, where appropriate, within a reasonable period of time after receipt of objections and the appropriate tariff proposal accompanied by the budget, the Commission shall inform the network manager, by letter by carrier with acknowledgement of receipt, as well as by electronic means, of its decision to approve or deny the tariff proposal with the budget.
6° if the network manager does not comply with its obligations within the time limits set out in points 1 to 5°, or if the commission has made the decision to refuse the tariff proposal accompanied by the budget or the appropriate tariff proposal accompanied by the appropriate budget, interim rates shall be applied until all objections of the network manager or commission manager are exhausted or until an agreement is reached between the board and the network manager. The Commission is empowered, after consultation with the network manager, to determine appropriate compensatory measures when the final tariffs deviate from these interim rates;
7° in the event of transition to new services and/or adaptation of existing services, the network manager may submit an updated tariff proposal to the Commission's approval in the regulatory period. This updated tariff proposal takes into account the tariff proposal approved by the Commission, without altering the integrity of the existing tariff structure.
The updated proposal is introduced by the network manager and processed by the commission in accordance with the applicable procedure referred to in points 1 to 6°, on the understanding that the deadlines are reduced by half;
8° if exceptional circumstances occur during a regular period regardless of the will of the network manager, the network manager may at any time of the regular period submit to the Commission a reasoned request to review its tariff proposal, for the following years of the regular period.
The reasoned request for a review of the tariff proposal is introduced by the network manager and processed by the commission following the applicable procedure referred to in points 1 to 6 above, on the understanding that the deadlines are reduced by half;
9° the commission adapts, without prejudice to its ability to control costs with the applicable legal and regulatory provisions, the level of overloads performed by the network manager to any changes in public service obligations, including regional, that are applicable to it no later than three months from the transmission by the network manager of such changes. The network manager shall forward these changes to the commission as soon as they have entered into force;
10° the Commission publishes on its website, in a transparent manner, the state of the procedure for adopting tariff proposals and, where applicable, the tariff proposals filed by the network manager.
§ 9. the commission establishes the tariff methodology and exercises its tariff jurisdiction in order to promote stable and predictable regulation that contributes to the smooth functioning of the liberalized market, and allowing the financial market to determine with reasonable security the value of the network manager. It ensures the continuity of the decisions it has made during previous regular periods, including the assessment of regulated assets.
§ 10. The Commission exercises its tariff jurisdiction taking into account the general energy policy as defined in European, federal and regional legislation and regulations.
§ 11. For the sake of transparency in the repercussion of costs to the final customer, the different elements of the network rate are distinguished on the invoice, especially with respect to public service obligations and their content.
§ 12. Accounts of the network manager shall be maintained by a uniform accounting plan by activity, prepared on the proposal of the network manager and approved by the commission, or, if not proposed before 1^er October 2011, established by the commission in consultation with the network manager.
§ 13. The Commission publishes 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 concerning suppliers 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, communicate to the users of its network the tariffs that it must apply and make them available to all persons who request it. It also communicates them as soon as possible on its website, with a calculation module specifying the practical application of the rates. Applied rates may not have retroactive effects.
§ 14. The tariff methodology established by the Commission and the decisions relating to tariff proposals made by the Commission pursuant to this tariff methodology may be appealed by any person justifying interest in the Brussels Court of Appeal pursuant to section 29bis.
Such a remedy may include:
- the Commission ' s decision does not respect the guidelines referred to in this article;
- the Commission's decision does not respect the general energy policy as defined in European, federal and regional legislation and regulations;
- the commission's decision does not guarantee the means necessary for the realization of the investments of the network manager and the maintenance of the infrastructure or the execution of its legal mission. "
Art. 16. Section 12bis of the Act, inserted by the Act of 24 December 2002, is replaced by the following:
"Art. 12bis. § 1^er. The connection, use of electrical infrastructure and systems and, where applicable, the auxiliary services of distribution network managers are subject to tariffs for distribution network management, with the exception of networks with a transport function governed by section 12.
§ 2. After consultation with regional regulators and after structured, documented and transparent consultation with distribution network managers, the Commission sets out the rate methodology to be used by these managers for the preparation of their tariff proposals.
The tariff methodology includes:
(i) the definition of cost categories that are covered by rates;
(ii) the cost categories on which, if applicable, the incentive regulation is carried;
(iii) the evolutionary rules over time of the cost categories referred to in (i), including the method of determining the parameters in the devolution formulas;
(iv) the cost allocation rules to network user categories;
(v) the general rate structure and rate components.
The consultation with distribution network managers is the subject of an agreement between the commission and the said managers. If no agreement is reached, the consultation shall be held at least as follows:
1° the commission sends to distribution network managers, in the language of the distribution network manager, the convocation to the consultation meetings referred to in paragraph 1^er and documentation relating to the agenda items of these meetings within a reasonable period of time prior to such meetings. The convocation mentions the venue, date and time of the meeting, as well as the items on the agenda;
2° following the meeting, the Commission shall prepare a draft meeting minutes reflecting the arguments put forward by the various parties and the points of agreement and disagreement found; transmits this report for approval to distribution network managers within a reasonable time after the meeting;
3° within a reasonable period of time following the receipt of the minutes of the commission approved by the parties, the distribution network managers, if necessary after having agreed, send to the commission their formal notice on the rate methodology resulting from this consultation, emphasizing, as appropriate, any remaining points of disagreement, both in relation to the Commission's proposal and among them.
By derogation from the above provisions, the tariff methodology may be established by the commission following a determined procedure in common agreement with distribution network managers on the basis of an explicit, transparent and non-discriminatory agreement.
§ 3. The Commission shall communicate to the House of Representatives its proposed tariff methodology, the completeness of the documents relating to consultation with distribution network managers and all the documents it considers necessary for the reasons for its decision on tariff methodology, while maintaining the confidentiality of commercially sensitive information regarding network providers or users, personal data and/or data whose confidentiality is protected under specific legislation.
The Commission publishes on its website the applicable tariff methodology, the entirety of the documents relating to consultation with distribution network managers and any documents that it considers useful to the reasons for its decision on tariff methodology, while preserving the confidentiality of commercially sensitive information concerning suppliers or users of the network, personal data and/or data whose confidentiality is protected under specific legislation.
§ 4. The tariff methodology established under § 3 and applicable to the establishment of the tariff proposal shall be communicated to the distribution network manager no later than six months before the date on which the tariff proposal must be filed with the Commission. Changes must be motivated.
This tariff methodology remains in effect throughout the tariff period, including the closing of the balances for that period. Changes to the rate methodology in the current period, in accordance with the provisions of § 2, apply only from the following tariff period, unless explicitly, transparent and non-discriminatory between the commission and distribution network managers.
§ 5. The Commission shall establish the tariff methodology in accordance with the following guidelines:
1° the tariff methodology must be comprehensive and transparent so that distribution network managers can establish their tariff proposals on this basis alone. It includes elements that must be included in the tariff proposal. It defines the reporting models to be used by distribution network managers;
2° the tariff methodology shall provide an efficient coverage of all necessary or effective costs for the performance of the legal or regulatory obligations of distribution network managers, as well as for the exercise of their activities;
3° the rate methodology sets the number of years of the regular period beginning at 1^er January. The resulting annual rates are determined under the applicable tariff methodology for that period;
4° the tariff methodology allows the balanced development of distribution networks, in accordance with the various investment plans of distribution network managers, as approved, if any, by the competent regional authorities;
5° the possible criteria for rejecting certain costs are non-discriminatory and transparent;
6° the rates are non-discriminatory and proportionate. They respect a transparent cost allocation;
7° the structure of the tariffs promotes the rational use of energy and infrastructure;
8° the different rates are uniform in the territory served by the distribution network manager;
9° the normal remuneration of capital invested in the regulated assets must allow distribution network managers to make the investments necessary for the performance of their missions;
10° the net costs of public service missions imposed by law, decree or order and their enforcement orders and not financed by taxes, taxes, contributions and overloads referred to in 11° shall be taken into account in the tariffs in a transparent and non-discriminatory manner in accordance with applicable legislative and regulatory provisions;
11° the taxes, taxes and contributions of all kinds, and the overloads imposed by law, decree or order and their enforcement orders are added to the rates automatically and within the time limits provided by the procedure for introducing and approving the rates. The Commission may control these costs with applicable legislative and regulatory provisions;
12° purchases of goods and services carried out in compliance with public procurement legislation are deemed to be made at the market price, subject to, where appropriate, the discretionary authority of the commission;
13° the methodology determines the modalities for the integration and control of the unfunded costs arising from the supplementary pension or pension expenses of the non-capitalized public sector, paid to agents having taken a regulated activity for the distribution of electricity, due for years prior to the liberalization under the statutes, collective labour agreements or other conventions sufficiently formalized, approved before 30 April 1999, or paid to their rights or refunded to their beneficiaries
14° for the determination of the positive or negative balances of which it decides the distribution for the next regular period, the commission shall set the costs referred to in 10°, 11° and 13° and the costs other than those referred to in § 2 (ii) of this article which are recovered or rendered in the rates of the following period;
15° Subject to the commission's compliance control, the rates allow the distribution network manager whose efficiency is in the market average to recover all of its costs and normal capital remuneration. Any cost control method based on comparison techniques must take into account the objective differences between distribution network managers and which cannot be eliminated on the initiative of the distribution network managers.
Any decision using comparison techniques incorporates qualitative parameters and is based on homogeneous, transparent, reliable and published or fully communicable data in the motivation of the commission's decision.
Any comparison with other network managers is made between companies with similar activities and operating under similar circumstances;
16° the rates for the use of a distribution network, 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 as a benchmarking with neighbouring countries, in order not to jeopardize the security of supply of the country by a decline in the competitiveness of the production units concerned. In the tariff proposal accompanied by the budget referred to in § 8, the distribution network manager motivates these differentiations;
17° any productivity efforts that may be imposed on distribution network managers may not jeopardize the security of persons or goods or the continuity of the supply in the short or long term;
18° cross-subsidization between regulated and unregulated activities is not permitted;
19° tariffs encourage distribution network managers to improve performance, promote market integration and security of supply and conduct the research and development required for their activities, including taking into account their investment plans as approved, if any, by the relevant regional authorities;
20° the costs referred to in points 10°, 11° and 13° as well as the costs other than those referred to in § 2(ii) are not subject to decisions based on methods of comparison or to incentive regulation;
21° the rates aim to provide a fair balance between the quality of the services presets and the prices supported by the final customers;
The Commission may control the costs of distribution network managers on the basis of applicable legislation and regulations.
§ 6. Distribution network managers prepare their tariff proposals in accordance with the tariff methodology established by the Commission and introduce them in accordance with the procedure for the introduction and approval of tariffs.
§ 7. The Commission examines the tariff proposal, determines its approval and communicates its reasoned decision to the distribution network manager in compliance with the tariff introduction and approval procedure.
§ 8. The procedure for introducing and approving tariff proposals is agreed between the Commission and distribution network managers. If there is no agreement, the procedure is as follows:
1° the distribution network manager shall submit, within a reasonable period of time before the end of the last year of each current regular period, its tariff proposal accompanied by the budget for the next regular period in the form of the report model established by the commission in accordance with § 5;
2° the tariff proposal accompanied by the budget is transmitted in three copies per carrier with acknowledgement of receipt to the commission. The distribution network manager also transmits an electronic version on which the commission may, if necessary, rework the tariff proposal with the budget;
3° within a reasonable period of time following the receipt of the tariff proposal accompanied by the budget, the commission confirms to the distribution network manager, by letter by carrier with acknowledgement of receipt, as well as by e-mail, that the file is complete or sends a list of the additional information that it must provide.
Within a reasonable time after the receipt of the above-mentioned letter in which additional information was requested, the distribution network manager shall forward this information to the commission in three copies per letter per carrier with acknowledgement of receipt. The distribution network manager also transmits an electronic version of the responses and additional information to the commission;
4° within a reasonable period of time following the receipt of the tariff proposal referred to in 2° or, where appropriate, within a reasonable period of time following receipt of the responses and additional information from the distribution network manager referred to in 3°, the Commission shall inform the manager by letter by carrier with acknowledgement of receipt, its approval decision or its proposed decision to refuse the tariff proposal with the budget concerned.
In its proposed decision to deny the tariff proposal with the budget, the Commission shall give reasons for the points that the distribution network manager must adapt to obtain a decision to approve the commission. The Commission is empowered to request the Network Manager to amend its tariff proposal to ensure that it is proportionate and applied in a non-discriminatory manner;
5° if the Commission denies the tariff proposal with the distribution network manager's budget in its proposed decision to refuse the tariff proposal with the budget, the manager may make his objections to this matter to the commission within a reasonable time after the receipt of this draft decision.
These objections are transmitted to the commission by carrier with acknowledgement of receipt, as well as in electronic form.
The distribution network manager shall, at his request, be heard within a reasonable time after receipt of the proposed decision to refuse the tariff proposal with the budget by the Commission.
Where applicable, the distribution network manager shall submit, within a reasonable period of time following the receipt of the proposed decision to refuse the proposed tariff proposal accompanied by the budget, to the bearer with acknowledgement of receipt, in three copies its appropriate tariff proposal accompanied by the budget. The distribution network manager also submits an electronic copy to the commission.
Within a reasonable period of time following the Commission's submission of the proposed denial decision of the tariff proposal accompanied by the budget or, where appropriate, within a reasonable period of time after receipt of objections and the appropriate tariff proposal accompanied by the budget, the Commission shall inform the distribution network manager, by letter by carrier with acknowledgement of receipt, as well as by electronic means of its decision to approve or refuse the tariff proposal, if appropriate, accompanied by the budget;
6° if the distribution network manager does not comply with its obligations within the time limits set out in points 1 to 5°, or if the commission has made the decision to refuse the tariff proposal accompanied by the budget or the appropriate tariff proposal accompanied by the budget entered into, interim tariffs shall be applied until all objections of the distribution network manager or commission are exhausted or until an agreement is reached between the distribution centre and the distribution manager. The Commission is empowered, after consultation with the distribution network manager, to establish appropriate countervailing measures when final tariffs deviate from these interim rates;
7° in the event of transition to new services and/or adaptation of existing services, the distribution network manager may submit an updated tariff proposal to the Commission's approval in the regulatory period. This updated tariff proposal takes into account the tariff proposal 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 applicable procedure referred to in points 1 to 6 above, on the understanding that the deadlines are reduced by half;
8° if exceptional circumstances occur during a regular period regardless of the willingness of the distribution network manager, the distribution network manager may at any time of the regular period submit to the Commission a reasoned request for a review of its tariff proposal, for the following years of the regular period.
The reasoned request for a review of the tariff proposal is introduced by the distribution network manager and processed by the commission following the applicable procedure referred to in items 1 to 6°, on the understanding that the deadlines are reduced by half;
9° the Commission adapts, without prejudice to its ability to control costs on the basis of applicable legal and regulatory provisions, the rates of distribution network managers to any changes in public service obligations, including regional, that are applicable to them no later than three months from the transmission by distribution network managers of such changes. The distribution network managers send these changes to the commission as soon as possible after their entry into force;
10° the Commission publishes on its website, in a transparent manner, the state of the procedure for adopting tariff proposals and, where applicable, the tariff proposals filed by the network manager.
§ 9. The Commission establishes the tariff methodology and exercises its tariff jurisdiction to promote stable and predictable regulation that contributes to the smooth functioning of the liberalized market, and allows the financial market to determine with reasonable security the value of distribution network managers. It ensures the continuity of the decisions it has made during previous regular periods, including the assessment of regulated assets.
§ 10. The Commission exercises its tariff jurisdiction taking into account the general energy policy as defined in European, federal and regional legislation and regulations.
§ 11. For the sake of transparency in the repercussion of costs to the final customer, the different elements of the network rate are distinguished on the invoice, especially with respect to public service obligations and their content.
§ 12. The accounting of distribution network managers shall be carried out according to a uniform analytical accounting plan by activity, prepared on the proposal of one or more distribution network managers representing at least seventy-five per cent of the enterprises carrying on the same activity, and approved by the commission, or, if not proposed before 1^er October 2011, established by the commission after consultation with distribution network managers.
§ 13. The Commission publishes 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 concerning suppliers or users of the network, personal data and/or data whose confidentiality is protected under specific legislation.
The distribution network managers shall, as soon as possible, communicate to the users of their networks the tariffs they must apply and make them available to all those who request them. They also communicate them as soon as possible on their website, with a calculation module specifying the practical application of the rates. Applied rates may not have retroactive effects.
§ 14. The tariff methodology established by the Commission and the decisions relating to tariff proposals made by the Commission pursuant to this tariff methodology may be appealed by any person justifying interest in the Brussels Court of Appeal pursuant to section 29bis.
Such a remedy may include:
- the Commission ' s decision does not respect the guidelines referred to in this article;
- the Commission's decision does not respect the general energy policy as defined in European, federal and regional legislation and regulations;
- the commission's decision does not guarantee the means necessary for the realization of the investments of distribution network managers or the execution of their legal missions. "
Art. 17. Article 12ter of the same law, inserted by the law of 1^er June 2005, is replaced by the following:
"Art. 12ter. The Commission fully motivates and justifies its tariff decisions, both in terms of tariff methodologies and tariff proposals, in order to allow for judicial review. When a decision is based on reasons of an economic or technical nature, the motivation takes all the elements that justify this decision.
When these decisions are based on a comparison, the motivation includes all the data taken into account to establish this comparison.
In accordance with its obligation of transparency and motivation, the Commission publishes, on its website, the acts of individual or collective scope adopted pursuant to articles 12 to 12quinquies, as well as any preparatory act, report of experts, commentary by the parties consulted thereon. It ensures this advertisement by preserving the confidentiality of commercially sensitive information and/or personal data. For this purpose, after consultation with the electricity companies concerned, the Commission sets out guidelines identifying information falling within the scope of confidentiality.
The Commission attached to its final act a comment justifying whether or not the comments made by the parties consulted were taken into account. "
Art. 18. Article 12quater of the same law, inserted by the law of 1^er June 2005 and last amended by the Act of 16 March 2007 is replaced by the following:
"Art. 12quater. § 1^er. The Royal Decree of June 8, 2007 on the rules for the determination and control of the total income and the fair profit margin, the general rate structure, the balance between the costs and the revenues and the basic principles and procedures for the proposal and approval of the tariffs, the report and the control of the costs by the manager of the national network of electricity transport and the royal decree of September 2, 2008 on the rules for fixing and controlling
§ 2. As a transitional measure, the Commission may extend the existing tariffs on the date of the publication of the Act of 8 January 2012 amending the Act of 29 April 1999 on the organization of the electricity market and the Act of 12 April 1965 on the carriage of gaseous and other products by pipelines or take any other transitional measures that it considers useful following the entry into force of the above-mentioned Act until the adoption of tariff methodologies 12 When making use of this paragraph, the Commission shall take into account the guidelines of Article 12, § 5, and Article 12 bis, § 5. "
Art. 19. Article 12quinquies of the same law, inserted by the law of 1^er June 2005, is replaced by the following:
"Art. 12quinquies. § 1^er. The prices offered by auxiliary service providers on the transport network are sufficiently attractive to ensure in the short and long term their supply to the network manager. The network manager provides these auxiliary services in a transparent, non-discriminatory and market-based manner. The network manager shall annually inform the commission and the Minister, on the basis of a report including supporting documents, of the prices offered to it for the provision of auxiliary services and of the actions it has undertaken, pursuant to section 234 of the Royal Decree of 27 June 2001, establishing a technical regulation for the management of the electricity transmission network and access to it. It incorporates, where appropriate, a proposal for the valuation of auxiliary services that it carries out through means of production that it would hold under Article 9, § 1^er. This valuation demonstrates the positive impact in terms of rates and volumes of such auxiliary services.
On the basis of the report of the network manager, the Commission shall, pursuant to section 4 of the Royal Decree of 11 October 2002 on public service obligations in the electricity market, establish a report expressly and in a reasoned manner indicating whether the prices offered for the provision of auxiliary services are manifestly unreasonable or not. The motivated report is communicated to the Minister and Network Manager within 60 business days of receipt of the report referred to in paragraph 1^er.
When the commission's report finds that prices are manifestly unreasonable or at the request of the network manager, the King may, after notice of the commission and on the proposal of the minister, on behalf of the security of supply, impose by a binding decision a public service obligation that covers the volume and prices of auxiliary services of producers on the Belgian regulation zone. The Commission takes this decision into account for the approval of the network manager's rates.
The measure may not exceed two years, with an annual report of the commission.
§ 2. Electricity production units to which the network manager can use to form the auxiliary services necessary for the execution of his or her missions are fixed by block of 1 MW for primary, secondary and tertiary reserves. "
Art. 20. Sections 12 to 12 of the Act, inserted by the law of 1^er June 2005, are repealed.
Art. 21. Article 13, § 3, of the same law, last amended by the law of 6 May 2009, is supplemented by a paragraph written as follows:
"The Minister may also ask the commission to proliferate on whether or not to revise the tariff methodologies set out in section 12 to ensure the means of financing the investments envisaged. "
Art. 22. Section 15 of the Act, last amended by the Act of 1^er June 2005, the following amendments are made:
1° § 1^erParagraph 2 is replaced by the following:
"The network manager can only refuse access to the network if it does not have the necessary capacity. The network manager may also refuse access to the network where such access would prevent the proper execution of a public service obligation to be borne by the network in the general economic interest and provided that the development of the exchanges is not affected to a measure that would be contrary to the interests of the European Community. The interests of the European Community include, inter alia, competition for 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 motivated and justified, in particular with regard to public service obligations under section 21, and based on objective, technically and economically sound criteria.
In the event of a contradiction with the technical requirements of the Technical Regulation, the network manager may condition access to these requirements.
The network manager immediately communicates to the commission its reasoned decision to refuse access. »;
2° § 3, repealed by law of 1^er June 2005 was reinstated in the following wording:
“§3. Non-residential customers connected to the transport network have the right to enter contracts simultaneously with several suppliers. "
Art. 23. In section 17 of the Act, as amended by the Act of 6 May 2009, the following amendments are made:
1° to § 2, the last sentence is replaced by the following sentence:
"The granting of an authorization is conditional on a refusal to access the transportation network or the absence of an offer to use a distribution network under economic and technically reasonable conditions, after consultation with the network manager. »;
2° the article is supplemented by a § 4 written as follows:
"The possibility of supplying electricity through a direct line does not prejudice the right of customers connected to the direct line to enter into a supply contract in accordance with sections 15 and 18. "
Art. 24. Section 18 of the Act, amended by the Act of 1^er June 2005, the following amendments are made:
1° the words « § 1^er. » are added to paragraph 1^er;
2° to new § 1^erParagraph 1^er, 1°, the words "or direct lines" are inserted between the words "by means of the transport network" and "by intermediaries and suppliers";
3° to new § 1^erParagraph 1^er, 2°, is supplemented by the words ", especially in terms of transaction and adjustment";
4° to new § 1^er, paragraph 2, 2°, the words "as well as in the provision of customers who do not have the eligible customer quality" are repealed;
5° to new § 1^er, paragraph 2 is supplemented by a new item 3, which reads as follows:
"3° the applicant's ability to meet the needs of its customers. »;
6° a paragraph, as follows, is inserted between paragraphs 2 and 3 of new § 1^er :
"The granting of an authorization under the first paragraph takes into account the authorizations of supply issued by the regions or other Member States of the European Economic Area. »;
7° in new § 1^er, paragraph 4, 2°, (a), is supplemented by the words ", in an understandable manner and such that these data are easily comparable to the level of the transport network";
8° to new § 1^er, the new paragraph 4, 2°, is supplemented by a point (c) as follows:
“(c) information regarding their rights in dispute resolution procedures available to them in the event of a dispute. »;
9° to new § 1^er, a new paragraph is inserted after the new paragraph 4:
"In respect of points (a) and (b) referred to above, with respect to electricity obtained through an electricity exchange or imported from an enterprise located outside the European Community, aggregate figures provided by the exchange or company in question during the past year may be used. »;
10° to new § 1^ernew paragraph 6, the words "and comparability" are inserted between the words "reliability check" and the words "information";
11° to new § 1^ernew paragraph 6, the words "paragraph 3" are replaced by the words "paragraph 4";
12° the article is supplemented by § 2, 3 and 4, as follows:
“§2. Suppliers and intermediaries ensure that all relevant data concerning their consumption are provided to their end customers.
Suppliers and intermediaries ensure a high level of protection for their final customers connected to the transportation network, including transparency of contract terms and conditions, general information and dispute resolution mechanisms.
Suppliers apply the approved tariffs to end customers pursuant to sections 12 to 12quinquies and make clear and detailed reference to their invoices to the amount of each component of the final price.
§ 3. Suppliers and intermediaries ensure that their end customers are able to optimise the use of electricity connected to the transport network by offering, in particular, energy management services.
§ 4. Suppliers and intermediaries shall be made available to the federal authorities, including the Commission, the Conseil de la concurrence and the European Commission, for the purpose of carrying out their duties, for a period of five years, relevant data relating to all transactions involving contracts for the supply of electricity to customers connected to the transport network or derivatives on electricity passed with intermediaries connected to the transport network and the transport network manager.
The data includes information on the characteristics of the relevant transactions, such as the rules relating to the duration, delivery and liquidation, the quantity, date and time of execution, the price of the transaction and the means to identify the intermediary concerned, as well as the information required for all contracts for the supply of electricity and derivatives on unliquidated electricity.
The commission may make some of these data available to market actors, provided that commercially sensitive, confidential and/or personal information is not disclosed on market actors or specified transactions. This paragraph does not apply to information relating to financial instruments that fall under the Directive 2004/39/EC of the European Parliament and the Council of 21 April 2004 on financial instrument markets, amending Council Directives 85/611/EEC and Directive 93/6/EEC and Directive 2000/12/EC of the European Parliament and the Council and repealing Council Directive 93/22/EEC, as transposed into Belgian law. Where the authorities referred to in the first paragraph need access to data held by entities under the above Directive, they provide the requested data.
The European Commission adopts guidance pursuant to Article 40.4 of Directive 2009/72/EC. This subsection applies to transactions involving electrically derived instruments between suppliers and intermediaries, on the one hand, and intermediaries and the network manager, on the other hand, on the basis of these guidelines. "
Art. 25. In the same law, an article 18bis is inserted, as follows:
"Art. 18bis. § 1^er. Any natural or legal person who owns or has a right of use on a network meeting the criteria of an industrial closed network connected exclusively to the transport network, whose nominal voltage is greater than 70 kilovolts and as defined in section 2, 41°, may declare that network to the commission and the minister within six months of the publication of the law of January 8, 2012 amending the law of April 29, 1999 relating to the electricity market By this declaration, it acquires the quality of industrial closed network manager. The Directorate General of Energy verifies, after notice from the Commission and the network manager, the technical compliance of the industrial closed network declared with the transport network. for this purpose, the industrial closed network manager shall, within six months of its declaration, provide the Energy Branch with proof of the technical compliance of its industrial closed network with the transport network. A copy of this report is addressed to the Network Manager and the Commission.
The Minister may give, after notice of the commission and the network manager, the quality of the industrial closed network manager to the natural or legal person owner or having a right of use on a network meeting the criteria of an industrial closed network connected exclusively to the transport network, whose nominal voltage is greater than 70 kilovolts and as defined in section 2, 41°, which makes the request after the publication of the law of 8 January 2012
The Energy Directorate publishes and updates on its website the list of industrial closed network managers.
§ 2. By derogation from the provisions of this Act, including sections 8 to 10, 12 to 12quinquies, 18 and 22, industrial closed network managers are only required to:
(a) any industrial closed network manager shall, within this function, not discriminate between users of its industrial closed network;
(b) any industrial closed network manager shall provide the users of its industrial closed network with the right to obtain their electricity from suppliers of their choice and to change suppliers, in accordance with the duration and terms of their contracts, within a maximum of three weeks. Any user of an industrial closed network may mandate the manager of this network to exercise his or her eligibility on his or her behalf. To be valid, this mandate must be expressly provided and be subject to review by contractual period;
c) any industrial closed network manager modalizes the connection and access to this network by contract with users of the industrial closed network. These contracts include:
1° the minimum technical requirements for the design and operation of the installations connected to the industrial closed network, the maximum power to the connection and the characteristics of the supplied power supply;
2° the commercial terms and conditions of connection to and access to the industrial closed network;
3° the cut-off conditions of the connection for non-compliance with contractual commitments or for the safety of the industrial closed network.
These contracts must be transparent and non-discriminatory. They must also provide that the commission is competent in the event of an industrial closed network user challenge of the tariffs applied on that network. Any decision of the Commission on this matter may be appealed to the Brussels Court of Appeal pursuant to Article 29bis.
The conclusion of these contracts is conditioned by the installation of the industrial closed network user on the industrial closed network;
(d) any industrial closed network manager shall deliver to users of the industrial closed network that it manages:
1° a detailed and clear billing based on their own consumption or injections and on the tariff principles and/or rates referred to in this section;
2° a fair distribution, on their invoices, of overcosts applied on the transport invoices, in accordance with the principles of each overcost;
3° the communication of the relevant data of their consumption and/or injections as well as information allowing effective access to the network;
(e) any industrial closed network manager shall preserve the confidentiality of commercially sensitive information of users of his or her network, which he or she is aware in the course of his or her activities, except for any legal obligation to disclose information;
(f) any industrial closed network manager demonstrates the technical compliance of its network with the relevant provisions of the technical regulation made under section 11, including that relating to connection;
(g) any industrial closed network manager operates and maintains its network by ensuring, in view of the characteristics of the industrial closed network, its safety, reliability and efficiency, under acceptable economic conditions, in accordance with the environment and energy efficiency.
§ 3. By derogation from the provisions of this Act, including sections 12 to 12quinquies, any industrial closed network manager and any closed distribution network manager, provided that the applicable regional provisions implement a closed distribution network regime, applies for connection, access and auxiliary services applicable to this network, tariff principles and/or tariffs that comply with the following guidelines:
1° tariff principles and/or tariffs are non-discriminatory, cost-based and a reasonable profit margin;
2° the tariff principles and/or tariffs are transparent: they are developed according to their parameters and are communicated in advance by the manager of the industrial closed network or the closed distribution network to the users of the network and the competent regulators;
3° the rate applied by the manager of the industrial closed network or distribution to the users of this network includes the access, connection, auxiliary services as well as, where applicable, the costs associated with overloads that the industrial closed network or distribution must bear to use the transport or distribution network to which it is connected. The industrial closed network manager is considered to be users of the network other than distribution network managers for the application of the rates used by the network manager to the industrial closed network manager;
4° the depreciation periods and the profit margins are chosen by the manager of the industrial closed network or distribution in the beaches between the values it applies in its main sector of activities and those applied in the distribution networks;
5° tariff principles for connection, strengthening and renewal of network equipment depend on the degree of socialization or individualization of site-specific investments, taking into account the number of users of the industrial closed network or distribution.
§ 4. Cases of mixed closed networks, whose level of tension involves both federal and regional skills, are discussed. "
Art. 26. In the same Act, an article 18ter is inserted as follows:
"Art. 18ter. The provisions concerning an industrial closed network as mentioned in section 18bis are applicable to the railway traction network, as no other regulations are provided for in the Act of 4 December 2006 on the use of railway infrastructure. »
Art. 27. Article 19, § 1^er, the same law is repealed.
Art. 28. In section 20 of the Act, last amended by the Act of 20 July 2005, the following amendments are made:
1° to § 1^er, the words "and for the part of the supply of electricity to distributors intended to supply end customers who do not have the eligible customer quality" are repealed;
2° in § 4, the words "not having the quality of the eligible client" are replaced by the word "final".
Art. 29. In the same law, an article 20bis is inserted, as follows:
"Art. 20bis. § 1^er. In order to be able to perform the control provided for in § 3, the commission establishes for each supplier, for any variable type contract and any new type contract, and in consultation with them, within two months of the publication of the law of January 8, 2012 amending the law of April 29, 1999 concerning the organization of the electricity market and the law of April 12, 1965 concerning the transport of gaseous and other energy products by channelisations, a database of data To this end, the commission may request additional information within the framework of its mission.
§ 2. The variable energy price for electricity supply to residential end customers and P.M.E. can be indexed to a maximum of four times a year, each time the first day of a quarter.
Within three working days of an indexation, suppliers publish for contracts at variable energy prices, the indexing formulas concerned for the supply of electricity to residential end customers on their website, as well as any modifications made to these formulas.
§ 3. Within five days of each indexing, which occurs after the recording of variable energy prices in accordance with § 1^er, each supplier provides the commission with an overview of how they were adapted on the basis of the indexing formula used by the supplier. The Commission shall verify whether the indexing formula used by the supplier has been applied correctly and whether it is in accordance with the data transmitted under § 1^er.
§ 4. The Commission notes, after the opinion of the National Bank of Belgium, whether the indexing formula referred to in § 1^er, the energy component for the supply of electricity at variable energy prices to residential and SME end customers has been properly applied.
The commission makes its own initiative a finding if a supplier does not declare the data referred to in § 2 within the above-mentioned deadlines, after it has been established to comply with its duty of declaration under § 3.
The Commission shall, by recommendation with acknowledgement of receipt, transmit its finding to the supplier within five working days of its declaration referred to in § 3 or after the date on which it intervened on its own initiative in accordance with paragraph 2. The supplier has the right to challenge the Panel's finding within five working days of receipt of the finding. The contestations are submitted to a neutral member and accepted by the two parts of the Belgian Institute of Revisors of Enterprises, which carries out within thirty days and at the expense of the succumbing party a binding finding whether the indexing formula of the energy component for the supply of electricity at variable energy prices to residential customers and P.M.E. has been correctly applied.
Where the finding referred to in paragraph 1^er is final, the commission can retain the supplier to credit the customers concerned for the part of the energy component billed in excess. If the supplier fails to do so within three months of the stay, the Panel may impose an administrative fine, by derogation from section 31. The fine cannot exceed 150,000 euros.
§ 5. The supplier shall notify the commission, by registered with acknowledgement of receipt, of any increase in the variable energy price applicable to residential end customers and P.M.E., which does not result from a decision of the competent authority, the regulator, the network manager, a distribution network manager or that does not arise from the application of § 2 to 4.
The notification to the commission is accompanied by a motivation for the increase in the variable price, mentioned in the first paragraph.
The entry into force of the increase referred to in the first paragraph shall be suspended for the duration of the procedure provided for in this paragraph.
The Commission, after the opinion of the National Bank of Belgium, considers whether the motivation of the increase is justified at the one of the objective parameters, including on the basis of a permanent comparison of the energy component for the supply of electricity and gas to residential end customers and to P.M.E. with the average of the energy component in the area of North-West Europe.
on the initiative of the commission, after the advice of the National Bank of Belgium, a decision shall be taken by the commission in the absence of notification by a supplier, after having placed it by recommendation with acknowledgement of receipt to respect its duty of notification under paragraph 1^er.
The Commission, after notice from the National Bank of Belgium, shall communicate its decision to the supplier within five business days of its declaration referred to in paragraph 1^er or on the date on which it intervened on its own initiative pursuant to paragraph 5.
If the upward adaptation of the energy component is not justified, the supplier enters into negotiations with the commission and with the National Bank of Belgium to conclude an agreement on the variable price of the energy component for the supply to residential end customers and P.M.E. The commission works with the National Bank of Belgium.
In the event of failure of negotiations within twenty days of receipt by the commission of the above notification, the commission may reject, after notice of the National Bank of Belgium, all or part of the expected increase. The Commission shall motivate and transmit its decision to the supplier by registered with acknowledgement of receipt and without prejudice to the remedies of suppliers in accordance with section 29bis.
Suppliers publish the approved increase in their energy component for the provision of electricity to residential end customers and P.M.E. on their website after this procedure, within five working days of the Commission's decision being made.
In the event that the supplier fails to comply with its obligations under this paragraph within two months of the communication of its decision to the supplier concerned, the Commission may retain the supplier to comply with its obligations. If the supplier fails to do so within three months of the stay, the Panel may impose an administrative fine, by derogation from section 31. This fine cannot exceed 150,000 euros.
For the implementation of this paragraph, the Commission shall communicate to the National Bank of Belgium all the information and documents available to it pursuant to Article 26, § 1^er. The Commission and the National Bank of Belgium respect the strict confidentiality of commercially sensitive data and/or personal data.
§ 6. A federal contribution reduction fund is established under the aegis and management of the commission.
Administrative fines are injected into the Federal Contribution Reduction Fund, established by Article 20bis, § 6.
§ 7. The mechanism established by this article is monitored and reported annually by the Commission and the National Bank of Belgium to identify the risks of disruptive effects on the market.
Until 31 December 2014, in the presence of significant disruptive effects on the market, the King may, by order deliberately in the Council of Ministers on the proposal of the Minister, at any time decide to terminate the mechanism of this Article on the basis of the monitoring and annual report referred to in paragraph 1^er.
No later than six months before December 31, 2014, the Commission and the National Bank of Belgium shall conduct an assessment report on the mechanism established by this article. On the basis of this report, the King may, by order deliberately in the Council of Ministers on the proposal of the Minister, extend a new period of three years, if necessary renewable according to an identical procedure, if he finds that the conditions of transparency and competition are still not met and that consumer protection is still not guaranteed. Based on the monitoring and annual report of the Commission and the National Bank referred to in paragraph 1^er, the King may, by order deliberately in the Council of Ministers on the proposal of the Minister, at any time, decide to terminate the mechanism of this article in the presence of significant disruptive effects on the market. "
Art. 30. In the same Act, an article 20ter is inserted, as follows:
"Art. 20ter. For the purposes of the fine referred to in Article 20 bis, §§ 4 and 5, the Panel shall communicate to the supplier concerned its grievances. The supplier may make representations within fifteen days of the date of shipment. The Commission then convenes a hearing during which the supplier may submit its comments. The Panel makes its final decision within five days of the hearing. "
Art. 31. In section 21 of the Act, last amended by the Act of 20 July 2005, the following amendments are made:
1° point 1° is supplemented by the words ", of the protection of the environment, including energy efficiency, energy produced from renewable energy sources and the protection of the climate for their activities on the transport network. »;
2° at point 3°, (a), the words ", and, if any, all or part of the costs and losses that electricity companies cannot recover due to the opening of the electricity market, to the extent and for the duration authorized by the European Commission" are repealed.
Art. 32. In Article 21bis, § 1^er, paragraph 4, of the Act, inserted by the Act of 20 July 2005 and last amended by the Act of 22 December 2008, item 6 is repealed.
Art. 33. to section 21ter of the Act, inserted by the Act of 20 July 2005 and last amended by the Act of 22 December 2008, the following amendments are made:
1° to § 1^erParagraph 1^er8° is repealed;
2° § 3 is supplemented by the following paragraph:
"On the proposal of the commission, the King may amend, replace or delete the règes fixed by the Royal Decree of January 21, 2004 determining the modalities of compensation for the net real cost resulting from the application of the social maxima prices on the electricity market and the rules of intervention for their care, as confirmed by the law programme of December 27, 2004. "
Art. 34. Section 22 of the Act, last amended by the Act of 1^er June 2005, the following amendments are made:
1° it is inserted a § 1^erbis as follows:
« § 1^erbis. Companies referred to in § 1^er in their internal accounts separate accounts for activities related to their public service obligations. »;
2° it is inserted a § 3bis written as follows:
§ 3bis. The Commission preserves the confidentiality of commercially sensitive information and/or personal data, except any legal obligations to disclose this information. "
Art. 35. Section 22bis of the Act, inserted by the Act of 27 December 2004 and last amended by the Royal Decree of 20 December 2007, is repealed.
Art. 36. In section 23 of the Act, last amended by the Act of 6 May 2009, the following amendments are made:
1° to § 1^erParagraph 1^er, the first sentence is replaced by the following sentence:
"It is created a commission for regulating electricity and gas, in German "Elektrizitäts- und Gasregulierungs-kommission" and abbreviated "CREG". »;
2° § 1^er is supplemented by a paragraph that reads as follows:
"The commission shall take all reasonable measures to achieve the following objectives in the course of its tasks listed in Article 23, § 2, in close consultation, if any, with the other relevant federal authorities, including the Conseil de la concurrence, and without prejudice to their competence:
1° to promote, in close collaboration with the CAB, the European Commission, the regulatory authorities of the Regions and other Member States, an internal market of competitive, safe and sustainable electricity for the environment within the European Community, and an effective market opening for all customers and suppliers of the European Community, and to guarantee appropriate conditions for the efficient and reliable operation of electricity networks, taking into account long-term objectives;
2° develop a market between the regions of the European Community defined by Article 12, § 3, of Regulation (EC) No 714/2009, competitive and operating correctly within the European Community, with a view to achieving the objectives referred to in point 1°;
3° to remove barriers to the trade in electricity between Member States, including by setting up sufficient cross-border transport capacities to meet demand and strengthen the integration of the markets of the various Member States, which should allow electricity to better circulate throughout the European Community;
4° contribute to ensuring, in the most cost-effective manner, the establishment of non-discriminatory networks that are safe, reliable, efficient and end-customer-oriented, and to promote the adequacy of networks and, in accordance with the general objectives of energy policy, energy efficiency and the integration of electricity generation, large or small-scale, from renewable sources of energy;
5° to facilitate access to the network of new production capacities, including by removing obstacles that could prevent the arrival of new entrants to the market and the integration of electricity production from renewable energy sources;
6° ensure that the network manager and network users receive sufficient incentives, both in the short term and in the long term, to improve network performance and promote market integration;
7° ensure that end-customers benefit from efficient market operation and promote effective competition as well as help ensure consumer protection;
8° contribute to ensuring high quality public and universal service in the electricity supply sector and contribute to the protection of vulnerable customers and the compatibility of the necessary data exchange mechanisms to enable customers connected to the transportation network to change suppliers. »;
3° to § 2, paragraph 2, point 2° is supplemented by the following sentence:
"The Commission ensures in this context the confidentiality of commercially sensitive and/or personal data and therefore refrains from publishing them; »;
4° to § 2, paragraph 2, point 4° is repealed;
5° to § 2, paragraph 2, point 5°, repealed by the law of 16 March 2007, is reinstated in the following wording:
"5° monitors the degree of transparency, including wholesale prices, and ensures compliance with transparency obligations by electricity companies; »;
6° to § 2, paragraph 2, point 7°, repealed by the law of 6 May 2009, is reinstated in the following wording:
"7° defines in consultation with the network manager and publishes on its website the standards and requirements for quality of service and supply, taking into account the means provided through tariff mechanisms; »;
7° to § 2, paragraph 2, point 8° is replaced by the following:
"8° monitors the compliance by the network manager and the electricity companies with their obligations under this Act and its enforcement orders, as well as other legislative and regulatory provisions applicable to the electricity market, in particular with respect to cross-border issues and matters covered by Regulation (EC) No. 714/2009; »;
8° to § 2, paragraph 2, point 9° is replaced by the following:
"9° controls the application of the technical regulation, approves the documents covered by this regulation, in particular with regard to the conditions of connection and access to the transport network and the conditions of the balance responsibility in the setting area, and assesses the past performance of the rules of the technical regulation governing the safety and reliability of the transport network; »;
9° to § 2, paragraph 2, point 10° is supplemented by the following sentences:
"The Commission analyses the coherence of this plan with the network development plan throughout the European Community referred to in Article 8, § 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 "and the funds referred to in Article 21ter, § 1^er1° and 4°; »;
11° to § 2, paragraph 2, point 13° is repealed;
12° to § 2, paragraph 2, point 14°, amended by law of 1^er July 2006 is replaced by the following:
" 14° exercises the tariff competencies referred to in articles 12 to 12quinquies; »;
13° to § 2, paragraph 2, 14° bis, inserted by the Act of 20 March 2003, the words "and to distributors supplying final customers who do not have the quality of eligible customers" are repealed;
14° to § 2, paragraph 2, point 16° is replaced by the following:
"16° verifies the absence of cross-subsidies between transportation, distribution and supply activities";
15° § 2, paragraph 2, is supplemented by points 21° to 45°, as follows:
"21° monitors the level and effectiveness achieved in terms of market opening and competition for wholesale and retail markets, including for exchanges of electricity and monitors possible distortions or competition restrictions, by communicating all relevant information and by transferring the cases that warrant it to the Conseil de la concurrence;
22° monitors the occurrence of restrictive contractual practices, including exclusivity clauses, which may prevent non-residential customers connected to the transport network from contracting simultaneously with more than one supplier or which could limit their choice in this matter and, where appropriate, inform the Competition Council of these practices;
23° monitors the time taken by the network manager to perform connections and repairs;
24° helps to ensure, in collaboration with all other competent authorities, the effectiveness and implementation of final customer protection measures;
25° ensures access to consumer data for end customers connected to the transport network and the availability, for optional use, of an easily understandable method of harmonized presentation of consumer data and the rapid access of all final customers connected to the transport network to these data so that they can have their consumption data free of charge and give access to their consumption records, by express agreement and free of charge, to any consumer data
26° monitors the implementation of the rules relating to the functions and responsibilities of the network manager, suppliers, final customers and other market actors in accordance with Regulation (EC) No. 714/2009;
27° monitors investments in production capacity from the perspective of supply security;
28° monitors technical cooperation between transport network managers of the European Community and third countries;
29° monitors the implementation of the safeguards measures provided for in section 32 and the technical regulations;
30° contributes to the compatibility of data exchange mechanisms for major regional market transactions, as referred to in Article 12, § 3, of Regulation (EC) No 714/2009;
31° certifies the network manager in accordance with the provisions of articles 10, § 2ter and 2quater. The commission ensures permanent monitoring of the network manager's compliance with its independence obligations under sections 9 to 9ter and, where applicable, initiates the certification procedure. The commission may require the network manager and companies active in the production and supply of electricity any information useful to its tasks in the certification procedures provided for in Article 10, § 2ter and quater. The commission ensures that the confidentiality of commercially sensitive and/or personal information is maintained;
32° at the request of the user of an industrial closed network, checks and approves the rates applied in the industrial closed network or the methodology for calculating these rates on the basis of the criteria set out in section 18bis;
33° publishes, at least once a year, recommendations on the conformity of supply prices with the public service obligations set out in this Act and its enforcement orders and, where appropriate, forwards them to the Conseil de la concurrence;
34° ensures that, where appropriate and in case of refusal of access, the network manager provides relevant information on the measures necessary to strengthen the network;
35° approves, on the proposal of the network manager, the methods used to establish access to cross-border infrastructure, including capacity allocation and congestion management procedures. These methods are transparent and non-discriminatory. The Commission publishes approved methods on its website;
36° monitors the management of congestion of the transport network, including interconnections, and the implementation of the congestion management rules. The commission informs the Directorate General of Energy. The network manager submits to the commission, for the purposes of this point, its draft rules for managing congestion, including the allocation of capacity. The Commission may request, on a reasoned basis, to amend its rules in accordance with the rules of congestion set by neighbouring countries whose interconnection is concerned and in consultation with the CAB;
37° sets guidelines for the exchange of data and regulations, ownership of data and responsibilities for surveys;
38° approves the general plan for the calculation of the total transfer capacity and the margin of reliability of the transport from the electrical and physical characteristics of the network published by the network manager pursuant to Article 8, § 1^erParagraph 3, 11;
39° appreciates the basic concepts and methods to determine responsibilities for breaches of obligations related to transaction restrictions, as defined and published by the network manager pursuant to Article 8, § 1^erParagraph 3, 12;
40° appreciates the general plan for calculating the interconnection capacity for the different maturity dates, based on the electrical and physical realities of the network published by the network manager pursuant to Article 8, § 1^er3, 14°;
41° appreciates the way in which the network manager publishes all relevant data concerning cross-border exchanges based on the best possible forecasts under Article 8, § 1^erbis, paragraph 3;
42° approves the criteria for the coordination of the call of production facilities and the use of interconnections by the network manager, in accordance with Article 8, § 1^er3, 5°;
43° establishes a report for auxiliary services in accordance with Article 12quinquies;
44° grants exemptions for new interconnections referred to in Article 17 of Regulation (EC) No. 714/2009;
45° provided that the applicable regional provisions implement a closed distribution network regime, checks and approves at the request of the user of a closed distribution network connected to a distribution network the rates or methodology for calculating the rates applied on this closed distribution network. »;
16° it is inserted a § 2bis, written as follows:
“§ 2bis. The Commission fully motivates and justifies its decisions in order to allow judicial review.
The terms and conditions applicable to these reasons and justifications are specified in the rules of procedure of the steering committee, in particular with regard to the following principles:
- motivation takes over all the elements on which the decision is based;
- Electricity companies may, prior to making a decision concerning them, make their comments;
- follow-up to these comments is justified in the final decision;
- acts of individual or collective scope adopted in the execution of his or her missions and any preparatory act, report of experts, commentary of the parties consulted thereon are published on the Commission's website, in accordance with the confidentiality of commercially sensitive information and/or personal data. »;
17° it is inserted a § 2ter, written as follows:
§ 2ter. The Commission respects, as part of the exercise of its competence, the contractual freedom in respect of switchable supply contracts and long-term contracts, as long as they are consistent with community law and consistent with community policies. »;
18° § 3 is replaced by the following:
“§3. The Commission prepares an annual report each year that it transmits before 1^er May of the year following the fiscal year in the House of Representatives.
The annual report of the Commission covers:
1° the execution of his missions;
2° the state of its operating costs and coverage, including an active/passive situation and the report of the company reviewer;
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 prepared by the network manager pursuant to Article 13, from the point of view of its consistency with the network development plan throughout the European Community referred to in Article 8, § 3, point (b), of Regulation (EC) No. 714/2009, as well as, where applicable, recommendations to amend the development plan prepared by the network manager. The Commission shall take into account in this analysis of the forward-looking study under Article 3;
6° copy of any decisions made during the relevant fiscal year in respect of the methodology for calculating tariffs pursuant to sections 12 and 12 bis.
The Commission describes in its report how it has achieved the objectives set out in its policy note as well as in the general guidelines adopted by the Government. It explains, where appropriate, why these objectives could not be achieved.
This report is published on the Commission's website. A copy is also sent to the Minister for information. »;
19° it is inserted a § 3bis, written as follows:
§ 3bis. The commission also gives the CAB and the European Commission, before 1^er May of the year following the fiscal year concerned, an annual report on its activities and the execution of its missions. This report includes measures taken and results obtained for each of the missions listed in § 2. This report also includes an analysis of the development plan prepared by the network manager pursuant to Article 13, from the point of view of its consistency with the network development plan throughout the European Community referred to in Article 8, § 3, point (b), Regulation (EC) No. 714/2003, as well as, where appropriate, recommendations to amend the development plan prepared by the network manager. The Commission takes into account, as part of this analysis, the forward-looking study established under Article 3. »;
20° it is inserted a § 5, written as follows:
“§ 5. The commission ensures that its staff and management personnel:
(a) act independently of any commercial interest;
(b) do not seek or accept direct instructions from any government or other public or private entity in the execution of their missions under § 2. This requirement is without prejudice to close consultation, if any, with all other competent authorities, as well as general guidance issued by the government. "
Art. 37. In the same Act, an article 23quater is inserted, as follows:
"Art. 23quater. § 1^er. The Commission cooperates on cross-border issues with the regulatory authorities of the Member States of the European Union concerned and with the CAB.
The Commission shall consult and cooperate closely with the regulatory authorities of the other Member States of the European Union, exchange with them and communicate to the CAB any information necessary to carry out its tasks under this Act. With respect to the information exchanged, the receiving authority shall ensure the same level of confidentiality as that required by the authority providing it.
The Commission shall cooperate at least at the regional level, as referred to in Article 12, § 3, of Regulation (EC) No. 714/2009, to:
(a) promote the establishment of practical modalities for the optimal management of the network, the promotion of exchanges of electricity and the allocation of cross-border capacities, and to allow an adequate level of interconnection capacity, including through new interconnections, within the region and between regions, as referred to in Article 12, § 3 of the Regulation (EC) No 714/2009, so that a competition
(b) coordinating the development of all network codes for transport network managers and other relevant market actors; and
(c) coordinating the development of congestion management rules.
The Commission is authorized to enter into cooperation agreements with the regulatory authorities of the other EU Member States in order to promote regulatory cooperation.
The actions referred to in paragraph 3 shall be carried out, where appropriate, in close consultation with the other relevant federal authorities and without prejudice to the competence of the latter.
§ 2. The Commission complies with and implements the legally binding decisions of the CAB and the European Commission.
The Commission may seek the advice of the CAB on the conformity of a decision taken by a regional regulatory authority or another member State with the guidance taken by the European Commission pursuant to Directive 2009/72/EC or referred to in Regulation (EC) No. 714/2009.
The Commission may also inform the European Commission of any decisions applicable to cross-border trade by a regional regulatory authority or another member State of the European Union that it considers to be contrary to the guidelines referred to in paragraph 2, within two months of the said decision.
When the European Commission requests the Commission to withdraw one of its decisions, the Commission shall withdraw within two months and inform the European Commission accordingly.
§ 3. The commission cooperates with regional regulatory authorities.
Representation and contacts at the community level within the CAB, in accordance with Article 14, § 1^er, Regulation (EC) No. 713/2009, is provided by a representative of the commission who acts in formal consultation with the regional regulatory authorities. "
Art. 38. In section 24 of the Act, last amended by the Act of 20 July 2006, the following amendments are made:
1° § 1^er is replaced by the following:
"The boards are the steering committee and the Disputes Chamber referred to in Article 29. A general council is also established. The Executive Committee and the General Council shall each establish rules of procedure which shall be forwarded 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 written as follows is inserted between paragraphs 2 and 3:
"By order deliberately in the Council of Ministers, the King sets out the procedure for evaluating the appointment or renewal of the term of office of chair or member of the steering committee referred to in paragraph 2. »;
§ 2 is supplemented by a paragraph written as follows:
"Not later than six months before the end of the term of office of the chair or members of the steering committee, the selection procedure for the next president and members is initiated. »;
5° § 2bis and 2ter, as follows, are inserted:
“§ 2bis. By a decision of the Council of Ministers made pursuant to a proposal made by the Minister, on the basis of the advice of the Disciplinary Council in accordance with the procedure set out in this paragraph, the term of office of the Chairperson, one or more members of the Board's Executive Committee shall be terminated for one of the following offences:
- the violation of the conditions of independence provided for in this Act and by the Act of 12 April 1965 concerning the carriage of gaseous and other products by pipelines, as well as by the decrees made pursuant to these laws;
- the violation, in the exercise of their mandates, of any other legal and regulatory provisions applicable to the President and/or to the members of the steering committee under this Act and the Act of 12 April 1965 concerning the carriage of gaseous and other products by pipelines, as well as the orders made pursuant to these Acts.
Following a finding of a violation referred to in paragraph 1^er, and within the month following the acquaintance of this violation, the Minister shall seize the Disciplinary Council, established by § 2ter, by registered letter with acknowledgement of receipt. This letter describes the nature of the facts that are deemed to constitute the violation. No mention is made in this letter of the proceedings to be reserved for this violation.
Within three months of the letter referred to in paragraph 2, the Disciplinary Council shall summon the parties, namely the Minister and the person against whom the violation was found, for hearing. The summons to this hearing is sent by registered letter with acknowledgement of receipt no later than ten days before the hearing. Parties may be assisted during the hearing or represented by counsel.
Within the month of the hearing, the Disciplinary Council shall issue a binding notice to the Minister. This opinion may conclude:
- that there is a reason to terminate the term prematurely, with the invalidity of termination compensation or other contractually planned exit allowances;
- that there is a reason to terminate the contract prematurely, without the need to make the invalidity of termination compensation or other contractually planned exit allowances;
- that there is no reason to prematurely terminate the mandate.
§ 2ter. For the purposes of the provisions referred to in § 2bis, a Disciplinary Council is established. The Disciplinary Council consists of a president, magistrate, and two members, also magistrates, who are elected by the House of Representatives for a renewable term of six years. The President of the Disciplinary Council must prove his knowledge of Dutch and French. One member is Dutch-speaking, the other is French-speaking. For the chair and members, the House of Representatives shall elect an alternate.
The secretariat of the Disciplinary Council is entrusted to a Dutch-speaking Clerk and a French-speaking Clerk elected by the House of Representatives. The clerks are magistrates.
The House of Representatives sets out the rules for the election of members of the Disciplinary Council and its Clerks.
The Disciplinary Council sets out its rules of procedure. »;
6° § 3 is supplemented by three paragraphs written as follows:
"The General Council may conduct studies and make notices at the request of the Minister.
The General Council has an adequate budget for the performance of its missions.
The steering committee acts independently of the general council and does not accept any instruction on its part. "
Art. 39. In section 25 of the Act, last amended by the Act of 20 July 2006, the following amendments are made:
1° in § 2, the words "recruited and" are repealed;
2° § 3 is replaced by the following:
“§3. The commission's operating expenses are covered by the federal contribution referred to in section 21bis, up to the budget established by the House of Representatives pursuant to § 5. »;
3° to § 5, paragraph 1^erthe word "distributors" is replaced by the word "providers";
4° to § 5, paragraphs 3 and 4 are replaced by the following:
"The proposed budget of the commission is prepared by the steering committee. The Commission's proposed budget is submitted, together with a policy note prepared by the Executive Committee, for approval by the House of Representatives before October 30 of the year prior to the year to which it relates.
The House of Representatives is hearing the steering committee. The proposed budget, possibly adapted following the hearing, is then approved by the House of Representatives.
The Board shall disclose the annual accounts, together with the report of the business reviewer prepared on the basis of paragraph 2, to the House of Representatives and the Court of Accounts, before 1^er May of the year following the fiscal year concerned. The Audit Court audits the annual accounts of the Board and transmits its audit report to the House of Representatives. "
Art. 40. In section 26 of the Act, last amended by the Act of 8 June 2008, the following amendments are made:
1° to § 1^erParagraph 1^er is replaced by the following:
"In carrying out the assignments assigned to it, the commission may require the network manager and distribution network managers as well as the producers, suppliers and intermediaries involved in the Belgian market, any related or associated company as well as any company managing or operating a multilateral trading platform on which energy blocks or financial instruments related to energy blocks are negotiated, including a direct link with the Belgian market of the It may exercise control over their accounts on site. »;
2° § 1^erbis is supplemented by a paragraph that reads as follows:
"The information collected by the commission under this paragraph may only be used for the purposes of the reports, notices and recommendations referred to in articles 23 bis and 23ter. The King may, by royal decree deliberated in the Council of Ministers, extend this article to binding decisions that may be covered by articles 23 bis and 23ter. »;
3° in § 2, the words "and/or personal" are inserted between the words "confidential information" and the words "of which they were aware".
Art. 41. In section 27 of the Act, last amended by the Act of 30 December 2009, the following amendments are made:
§ 1^erbis and 1^erter, as follows, are inserted:
« § 1^erbis. The Energy Mediation Service addresses the issues and complaints submitted to it under § 1^er on the basis of transparent, simple and inexpensive procedures, allowing for a fair and expeditious resolution of disputes within forty working days. This period may be extended once for a period of forty working days, provided that the parties are informed of it before the expiry of this period.
The Energy Mediation Service takes into account the relevant, regional or federal provisions, if applicable in terms of consumer protection, and highlights the height and compensation terms.
The Energy Mediation Service has full powers to transmit to regional regulators questions and complaints related to their exclusive competences.
The Energy Mediation Service is a one-stop shop for final customer complaints. The allocation of issues and complaints between relevant federal and regional services, the exchange of information and information between services and the establishment of a permanent advisory group with services are regulated by the provisions of this section.
The Energy Mediation Service has access to the National Register of Natural Persons, in accordance with the provisions of the Act of 8 August 1983, which organizes a national register of natural persons.
§ 1^erter. The Energy Mediation Service provides an annual report to the House of Representatives on the exercise of its duties. In this context, it can make proposals to improve the litigation process. »;
2° to § 7, second sentence, the word "October" is replaced by the word "June";
3° in § 13, first sentence, the words "that precedes that" are inserted between the words "of the year" and the words "for which they are due".
Art. 42. Section 28 of the Act, last amended by the Act of 6 May 2009, is replaced by the following:
“Art. 28. Any interested party who has been injured as a result of a decision taken by the commission may, within fifteen days of the publication or notification of that decision, file a complaint in review with the commission.
This complaint has no suspensive effect and does not exclude the introduction of an appeal or constitutes a necessary prerequisite for the introduction of an appeal to the Brussels Court of Appeal pursuant to Article 29bis.
The re-investigation complaint shall be sent by registered letter or by filing with acknowledgement of receipt at the office of the commission. It contains a copy of the criticized decision and the reasons for a review.
The Commission makes its decision on the complaint within two months of the filing of the complaint under review. "
Art. 43. In section 29 of the Act, as amended by the Act of 6 May 2009, the following amendments are made:
1° to § 1^erthe words "an autonomous organ called" are replaced by the word "one";
2° to § 1^erthe words "access to the transportation network and the tariffs referred to in sections 12 to 12novies" are replaced by the words "to the obligations imposed on the network manager, distribution network managers and industrial closed network managers under this Act and its enforcement orders";
3° 1 § 2bis, as follows, is inserted:
“§ 2bis. Members of the Legislative Chambers, the European Parliament and the Parliaments of the Communities and Regions, Ministers, Secretaries of State, members of a Government of the Community or Region, members of the cabinet of a member of the federal government or of a Government of the Community or Region and members of the permanent deputations of the provincial councils may not exercise the functions of president, member or alternate members of the House of Disputes.
The chair, members and alternates of the Board of Disputes shall not exercise any function or activity, paid or unpaid, at the service of the network manager, one of the network owners, a producer, a distributor or an intermediary, as defined in section 2, or a gas undertaking, as defined in section 1^er Act of 12 April 1965 on the transport of gaseous and other products by pipelines.
The prohibition referred to in paragraph 2 shall remain for one year after the end of the term of office of the Speaker, members and alternates of the Dispute Chamber.
The allowances referred to in § 2 may provide for the payment, at the end of the term of office of the President, of members or substitutes of the Disputes Chamber, of a compensatory allowance in consideration of the prohibition referred to in paragraphs 2 and 3. This allowance shall not exceed half of the gross allowance of the President, members or alternates for the twelve months preceding the end of their term.
The chair, members and substitutes of the Board of Disputes may not hold shares or other values assimilable to shares, issued by electricity companies (other than self-producers) or gas companies, or financial instruments allowing to acquire or assign such shares or values or giving rise to a cash settlement based primarily on the evolution of the value of such shares or values.
If the President, a member or an alternate has, directly or indirectly, an interest in a dispute before the Disputes Chamber, he or she may not attend the proceedings of the Disputes Chamber or take part in the voting. It must inform the President, other members and/or other alternate members of the Disputes Chamber, who must state this in its decision.
The terms of reference of the Speaker, members and alternates of the Disputes Chamber shall expire when they have reached the age of sixty-five years. »;
4° § 3 is supplemented by two paragraphs, which read as follows:
"The Board of Disputes shall rule within two months of its referral. This period may be extended by two months in the event of a request by the Chamber of Disputes for further information. A further extension of this period is possible through the applicant's agreement.
The Disputes Chamber's decision is binding, provided that it is not cancelled as a result of an appeal to the competent courts. "
Art. 44. Article 29bis, § 1^erParagraph 1^erthe same Act, which was inserted by the Act of 27 July 2005 and last amended by the Act of 20 July 2006, the following amendments are made:
1° the introductory sentence is replaced by the following:
"An appeal to the Brussels Court of Appeal serving as a reference shall be open to any person warranting an interest against any decision of the Commission, including those listed below:"
2° to 6°, the words ", relating to the approval of the tariffs referred to in articles 12 to 12novies and their enforcement orders" are repealed.
Art. 45. In section 29quater of the Act, inserted by the Act of 20 July 2005, the following amendments are made:
1° § 1^er is replaced by the following:
« § 1^er. The appeal referred to in section 29bis has no suspensive effect unless it is directed against a decision of the board imposing an administrative fine. However, the Court of Appeal of Brussels, which is seized of an appeal, may, before the right of the person, order the suspension of the enforcement of the decision being appealed, where the applicant invokes serious means that could justify the annulment or reformation of the decision and that the immediate execution of the decision may cause it to be seriously harmed difficult to repair. Similarly, any person with an interest may apply to the Brussels Court of Appeal and request the suspension of the execution of any decisions of the commission made under articles 12 to 12quinquies by which the commission would violate the law. The Court shall decide any cases that are pending on the application for suspension. No suspension action can be introduced without the introduction of an action on the merits. »;
2° § 3 is replaced by the following:
"In the three working days following the filing of the request, the request shall be notified by judicial fold by the court of appeal to all parties called to the case by the applicant. The Court of Appeal's Registry requests the Board's Board of Directors to file the administrative file relating to the act under attack at the Registry, with the request. The filing of the administrative record shall be made no later than the day of the introductory hearing, but the time limit between the receipt of the request by the board and the opening hearing may be less than ten days. In the event of an extreme emergency, the Court of Appeal may shorten the time limit for the introduction of the administrative file, but this period may not be less than five days after the request is received. The administrative file may be consulted by the parties at the Court of Appeal Registry from the time of filing and until the hearings are closed. "
Art. 46. Section 29 of the Act, inserted by the Act of 20 July 2005, is repealed.
Art. 47. in article 29septies of the same law, inserted by the law of 20 July 2005, the words "without a decision of the bodies of the commission that made the decision" are replaced by the words "while preserving the confidentiality of commercially sensitive information and/or personal data".
Art. 48. In section 29octies of the Act, inserted by the Act of 16 July 2001 and last amended by the Act of 27 July 2005, the following amendments are made:
1° to § 1^er, the words "in monitoring energy prices" are inserted between the words "necessary data" and the words "in establishing energy balances";
2° to § 2, the second sentence is supplemented by the words "as well as for all commercially sensitive and/or personal information collected by the Directorate General of Energy within the framework of its competence under this Act and the law of 12 April 1965 concerning the transport of gaseous and other products by pipelines and their enforcement orders".
Art. 49. In the same law, a new article 29 was inserted, which reads as follows:
"Electronic enterprises shall communicate to the Directorate General of Energy, subject to a maximum of 1% of the annual turnover of the activity concerned in Belgium, all the information necessary for the exercise of its duties under this Act. »
Art. 50. Article 30, § 1^er and 2, of the same law, the words "50 to twenty thousand francs" are replaced by the words "1.24 to 495.79 euros".
Art. 51. to Article 30bis, § 3, of the same law, inserted by the law of 22 December 2008, the words "Article 23, § 2, 3°, 3° bis, 19° and 20°, Article 23bis, Article 23ter and Article 26, § 1^erwith regard to the execution of the commission's tasks referred to in Articles 23, § 2, 3°, 3° bis, 19° and 20°, 23bis and 23ter, and Article 26, § 1^erbis of this Act and its enforcement orders are replaced by the words "Article 23, § 2, 3°, 3° bis, 5°, 19° to 22°, 25° and 29°, Article 23bis, Article 23ter and Article 26, § 1^erin respect of the execution of the commission's tasks referred to in Article 23, § 2, 3°, 3° bis, 19° to 22°, 25° and 29°, Article 23bis, Article 23ter and Article 26, § 1^erbis".
Art. 52. In the same Act, an article 30ter is inserted, as follows:
"Art. 30ter. Any breach of the confidentiality rules set out in this Act and its enforcement orders shall be punished by the penalties provided for in Article 458 of the Criminal Code. The provisions of Book I^er the Criminal Code is applicable, including Chapter VII and Article 85. "
Art. 53. In section 31 of the Act, as amended by the Act of 14 January 2003, the following amendments are made:
1° to paragraph 1^erthe words "of this Act or its Implementing Orders" are replaced by the words "of this Act, its Implementing Orders, Subsequent Tariff Laws or the dues referred to in section 21bis, or any other provisions of which it monitors the application under section 23, § 2, paragraph 2, paragraph 2, 8°. »;
2° to paragraph 1^erthe words "less than fifty thousand francs or more than four million francs, or, in total, more than eighty million francs" are replaced by the words "less than one thousand two hundred and forty euros or more than one hundred thousand euros, or, in total, more than two million euros";
Paragraph 2 is replaced by the following:
"The administrative fines imposed by the commission to the network manager are not recovered in its costs, but are deducted from its fair profit margin";
4° the article is supplemented by two paragraphs, as follows:
"The administrative fines imposed by the commission to distribution network managers are not recovered in their costs, but are deducted from their fair profit margins.
Electricity companies cannot refurbish to their customers the amount of administrative fines imposed on them by the commission. "
Art. 54. In 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 notice of the commission" and the words ", take the necessary backup measures";
2° the article is supplemented by two paragraphs, written as follows:
"These measures must cause the least possible disruption in the functioning of the European domestic market and should not exceed the strictly necessary scope to remedy the sudden difficulties that have been manifested.
The Minister shall immediately notify the other Member States of the European Union and the European Commission. "
CHAPTER 3. - Amendments to the Act of 12 April 1965 on the carriage of gaseous and other products by pipelines
Art. 55. Article 1^er of the Act of 12 April 1965 on the carriage of gaseous and other products by pipelines, last amended by the Act of 11 June 2011, the following amendments are made:
1° 5° bis, inserted by the law of 1^er June 2005 and amended by the Act of 16 March 2007, is replaced by the following:
"5° bis "natural gas company": any natural or legal person who performs at least one of the following functions: the production, transport, distribution, counting, supply, purchase or storage of natural gas, including LNG, and who performs commercial, technical and/or maintenance missions related to these functions, but is not a final customer; »;
2° point 7°, modified by law of 1^er June 2005, is replaced by the following:
"7° "transport": the transport of natural gas as well as biogas and gas from biomass or other types of gas in accordance with the provisions of Article 2, § 4, via a network mainly consisting of high-pressure gas pipelines, other than a network of upstream gas pipelines and other than the part of high-pressure gas pipelines used primarily for the distribution of natural gas for the purpose of supplying to customers »;
3° 7° bis, inserted by the law of 16 July 2001, is repealed;
4° to 10° bis, inserted by the law of 1^er June 2005, the words "as well as biogas and gas from biomass or other types of gas in compliance with the provisions of Article 2, § 4" are inserted between the words "natural gas" and the words "and operated by the manager";
5° at point 12° bis, inserted by the law of 16 July 2001, the words "distribution networks" are inserted between the words "channels" and the words "storage means; »;
6° point 13° is replaced by the following provision:
"13° "Distribution Network Manager": a natural or legal person who, in accordance with regional legislation, distributes and is responsible for the operation, maintenance and, if necessary, the development of the distribution network in a given area and, where appropriate, its interconnections with other networks, and is responsible for ensuring the long-term capacity of the network to meet a reasonable demand for the distribution of gases; »;
7° point 19°, modified by law of 1^er June 2005, is supplemented by the words "and/or a company owned by the same shareholders";
8° at point 22°, the words "any distribution undertaking" are replaced by the words "any distribution network manager";
9° point 23° is supplemented by the phrase "A final customer is eligible; »;
10° point 25°, modified by law of 1^er June 2005, is replaced by the following provision:
"25° Directive 2009/73/EC": Directive 2009/73/EC of the European Parliament and the Council of 13 July 2009 on common rules for the domestic natural gas market and repealing Directive 2003/55/EC; »;
11° between points 25° and 26° are inserted points 25° bis, 25° ter, 25° quater and 25° quinquies, 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 concerning conditions of access to natural gas 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 Energy Regulators Cooperation Agency;
25° quater "ACER": the energy regulators' cooperation agency established by Regulation (EC) No 713/2009;
25° quinquies "Regulation (EU) No. 994/2010": Regulation (EU) No. 994/2010 of 20 October 2010 of the European Parliament and the Council on measures to guarantee the security of the supply of natural gas and repealing Council Directive 2004/67/EC; »;
12° point 33° is replaced by the following:
"33° "storage manager": a natural or legal person who performs the storage and is responsible for the operation of a storage facility; »;
13° point 35° is replaced by the following:
"35° LNG installation manager": any natural or legal person who makes the liquefaction of natural gas or the importation, unloading and regazing of LNG, and who is responsible for the operation of a LNG facility; »;
14° point 38°, as amended by the Act of 20 July 2006, is replaced by the following:
"38° "Vertically integrated undertaking": a natural gas company or a group of natural gas companies that directly or indirectly entrust to the same person or persons the exercise of the control and which has 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 not completed by 4 August 2003; »;
16° points 46° to 49° are repealed;
17° the article is supplemented by points 52° to 63°, written as follows:
"52° "residential customer": a customer buying natural gas for their own domestic consumption, which excludes commercial or professional activities;
53° "non-residential client": a natural or legal person buying natural gas not intended for domestic use;
54° "residential protected client": a final client with a modest or precarious income, as defined in sections 3 and 4 of the program law of 27 April 2007 and benefiting from the protection provided for in Article 15/10, § 2;
55° " vulnerable client": any residential protected client within the meaning of point 54° and any final customer considered vulnerable by the Regions;
56° "Industrial closed network": a network within an industrial, commercial or geographically delimited service sharing site intended primarily to serve end customers established on this site, not providing residential customers and in which:
(a) for specific reasons related to the technology or security, operations or production process of users of this network are integrated; or
(b) natural gas is provided primarily to the owner or manager of the industrial closed network or to the related companies;
57° "industrial closed network manager": a natural or legal person who owns an industrial closed network or has a right of use on such a network. The natural or legal person who allows a final customer to pass without benefit or financial consideration downstream of its connection point to the natural gas transport network is not an industrial closed network manager;
58° "industrial closed network user": a final customer connected to an industrial closed network;
59° "transaction": any operation leading to a change of control of the manager of the natural gas transport network that could compromise the compliance with the independence requirements set out in Articles 8/3 to 8/6 and 15/1, § 2 and which must be notified to the commission under Article 8, § 4bis;
60° "interconnection": a transport line that crosses or crosses the border between two Member States, with the sole purpose of linking the transport networks of these Member States;
61° "gas derivative instrument": a financial instrument covered by the provisions that implement Annex I^re, Section C, items 5, 6 or 7, of Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on the markets of financial instruments, when the said instrument deals with natural gas;
62° "variable energy prices": the price of the energy component in a variable contract that the supplier invoices to residential end customers and P.M.E. and that is indexed at regular intervals on the basis of an agreed indexing formula contractually (excluding network rates, taxes and royalties);
63° "P.M.E.": Final customers with an annual consumption of less than 50 MWh of electricity and less than 100 MWh of gas for the whole, by final customer, of their connection points to the transport and/or distribution network. "
Art. 56. In section 2 of the Act, replaced by the Act of 29 April 1999 and amended by the Act of 16 July 2001, the following amendments are made:
1° to § 1^er, 1°, the words "distribution companies" are replaced by the words "distribution network managers";
2° to § 1^er, 2°, c) and d), the words "the distribution undertaking" are replaced by the words "the distribution network manager";
3° it is inserted a § 4, written as follows:
“§4. The rules set out in this Law for Natural Gas, including LNG, also apply, in a non-discriminatory manner, to biogas and gas from biomass or other types of gas, to the extent that it is technically possible to inject and transport them safely into the natural gas network and to the extent that these types of gases conform to the code of good conduct adopted under section 15/5 of the Act. "
Art. 57. In section 3 of the Act, as amended by the Act of 29 April 1999, the following amendments are made:
1° to paragraph 1^erthe words "chapter IVbis" are replaced by the words "chapter IV";
2° paragraph 2 is supplemented by the words "after consultation with the natural gas transport network manager. "
Art. 58. Section 4 of the Act, replaced by the Act of 29 April 1999 and amended by the Act of 1^er June 2005, the following amendments are made:
1° to paragraph 1^er, 2°, the words "the reasons why an authorization may be denied and" are inserted between the words "the royalty to be paid for it, as well as" and the words "the time limits in which the Minister";
2° the article is supplemented by two paragraphs written as follows:
"The procedure for granting transport authorizations referred to in paragraph 1^er takes into account, where appropriate, the importance of the project for the domestic natural gas market.
The reasons why authorization can be denied are objective and non-discriminatory. They are communicated to the applicant. The reason for the refusal is notified to the European Commission for information. "
Art. 59. Section 2 of Chapter III of the Act is replaced by the following:
“Section 2. Certification and designation of managers".
Art. 60. The title of Chapter III, subsection 1^rethe same law shall be replaced by the following:
"Subsection 1^re. Management Certification and Designation Procedures - Final Plan".
Art. 61. Article 8 of the same law, restored by the law of 1^er June 2005, the following amendments are made:
1° § 3 is replaced by the following:
“§3. The candidate 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, the parent company itself manager, its subsidiary itself manager, must also comply with it. »;
2° it is inserted a § 4bis, 4ter, 4quater and 4quinquies, as follows:
§ 4bis. Before a company is designated as a natural gas transport network manager, it is certified in accordance with the procedure referred to in § 4ter.
The identity of the designated network manager is communicated to the European Commission.
The manager of the natural gas transport network definitively designated before the publication of the law of ... amending the law of April 29, 1999 on the organization of the electricity market and the law of April 12, 1965 on the transport of gas and other products by pipeline is deemed certified. The commission may at any time open a certification procedure in accordance with § 4ter.
Prerequisitely to any transaction that may justify a reassessment of how it complies with the requirements set out in sections 8/3 to 8/6 and 15/1, § 2, the natural gas network manager shall notify the commission of its intention to undertake this transaction. Such transactions may only be continued by prior certification in accordance with the procedure set out in § 4ter. In the event of a conclusion of a transaction that can justify a re-evaluation of the manner in which the manager of the natural gas transport network complies with the requirements set out in sections 8/3 to 8/6 and 15/1, § 2 without prior certification, the commission maintains the manager of the natural gas transport network to comply with these requirements under § 4ter. The natural gas transmission network manager shall be revoked if the procedure is not regulated.
The notification at any time to the commission of abandonment of the transaction concerned renders the certification procedure referred to in § 4ter caduque.
§ 4ter. The commission ensures that the natural gas transmission network maintains constant compliance with the requirements of articles 8/3 to 8/6 and 15/1, § 2. It opens a certification procedure to this effect:
(a) where a natural gas transmission network manager nominee applies to the commission;
(b) in the event of notification by the manager of the natural gas transport network pursuant to § 4bis;
(c) on its own initiative, where it is aware that a planned change in authority or influence on the natural gas transport network manager may result in an offence under sections 8/3 to 8/6 and 15/1, § 2, or where it has reason to believe that such an offence may have been committed; or
(d) at the request of the European Commission.
The Commission shall inform the Minister of the initiation of a certification procedure as well as the manager of the natural gas transport network when acting on its own initiative or on the basis of the European Commission.
Application for certification of a natural gas transmission network manager and notification of a natural gas transportation network manager referred to in paragraph 1^er, b), is made by registered letter with acknowledgement of receipt and mentions all necessary and useful information. Where applicable, the Commission requests the natural gas transmission network manager or the natural gas transportation network manager to provide additional information within 30 days of the application.
When acting on its own initiative or on the grounds of the European Commission, the Commission mentions in its mail the alleged breaches of the provisions of articles 8/3 to 8/6 and 15/1, § 2, or relays the motivation of the European Commission.
After having invited the manager of the natural gas transport network to respond, within thirty business days, to the deficiencies it presumes or to the motivation of the European Commission, the Commission shall decide on the certification of the manager of the natural gas transport network within four months after the date of the application of the applicant natural gas transport network manager, the date of the notification of the manager of the natural gas transport network, The certification is deemed to be granted at the end of this period. The draft explicit or tacit decision of the Commission becomes final only after the conclusion of the procedure defined in paragraphs 6 to 9.
The Commission shall promptly notify the European Commission of its explicit or tacit draft decision on the certification of the manager of the natural gas transport network, accompanied by all relevant information relating to this draft decision. The European Commission renders a notice in accordance with the procedure provided for in Article 3 of Regulation (EC) No 715/2009.
After receiving the explicit or tacit opinion of the European Commission, the Commission shall render and communicate to the Minister, as soon as possible and no later than in the month of the opinion of the European Commission, its final certification decision, motivated with respect to the requirements of Articles 8/3 to 8/6 and 15/1, § 2. The Commission takes the most into account in its decision in the opinion of the European Commission. The Commission's decision and the opinion of the European Commission are published together at the Belgian Monitor.
The above-mentioned certification procedure becomes null and void when:
(a) the transaction notified to the commission under § 4bis is abandoned; or
(b) the Commission decides, taking into account the corrections made by the natural gas transport network manager, to abandon the ongoing certification procedure.
The Commission and the European Commission may require the manager of the natural gas transport network and companies active in the production and/or supply of natural gas, any information relevant to the performance of their tasks under this paragraph. They ensure the confidentiality of commercially sensitive information.
§ 4quater. When certification is requested by an owner or a natural gas network manager on which one or more persons from one or more third countries exercise control, the commission shall inform the European Commission.
The Commission shall also promptly notify the European Commission of any situation that would have the effect that one or more persons from one or more third countries acquire control of a natural gas transport network or a natural gas transport network manager.
Prior to its conclusion, the natural gas transport network manager shall notify the commission of any transaction that would have the effect that one or more persons of one or more third countries acquire control of the natural gas transport network or the natural gas transport network manager. Such a transaction may continue only with certification under this paragraph. In the event of the conclusion of the transaction without certification, the commission shall maintain the manager of the natural gas transport network to comply with the requirements of sections 8/3 to 8/6 and 15/1, § 2 under this paragraph. The natural gas transmission network manager shall be revoked if the procedure is not regulated.
The notification at any time to the Commission of the abandonment of the draft transaction renders the certification procedure of this paragraph null and void.
The Commission adopts a draft decision on the certification of the natural gas transport network manager within four months of the date of notification to which the natural gas transport network was issued. It refuses to grant certification if it has not been demonstrated:
(a) that the entity concerned complies with the requirements of articles 8/3 to 8/6 and 15/1, § 2; and
(b) that certification will not jeopardize the security of the energy supply of Belgium or the European Community. When examining this issue, the Commission considers:
1° the rights and obligations of the European Community arising from international law with respect to that third country, including any agreement reached with one or more third countries to which the European Community is a party and which deals with the issue of the security of the energy supply;
2° the rights and obligations of Belgium in respect of that third country arising out of agreements with the third country, to the extent that they are in conformity with Community law; and
3° other specific facts and circumstances of the case and the third country concerned.
The Commission shall promptly notify the European Commission of its draft decision and all relevant information thereon.
Before finalizing its decision, the Commission requests the opinion of the European Commission on whether:
(a) the entity concerned complies with the requirements of Articles 8/3 to 8/6 and 15/1, § 2; and
(b) certification does not endanger the security of the European Community's energy supply.
The European Commission shall consider the application upon receipt. Within two months of receipt of the application, the Commission shall render its opinion.
For the establishment of its opinion, the European Commission may request the opinion of the ACER, the Belgian State and the interested parties.In case the European Commission makes such a request, the two-month period is extended by two additional months.
If the European Commission does not render an opinion during the period referred to in paragraphs 8 and 9, it is deemed not to have raised objections to the Commission's draft decision.
The Commission shall have two months after the expiry of the period referred to in paragraphs 8 and 9 to adopt its final certification decision. To do so, the Commission takes the most account of the opinion of the European Commission. In any case, the commission has the right to refuse to grant certification if it endangers the security of the energy supply of Belgium or the security of the 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 shall provide and publish with the decision the reasons for this decision.
§ 4quinquies. The certification procedures referred to in § 4bis, 4ter and 4quater apply in an identical manner and in the same manner for natural gas storage and LNG installation managers.
Managers of natural gas storage and LNG installation facilities definitively designated prior to the publication of the law of ... amending the law of April 29, 1999 on the organization of the electricity market and the law of April 12, 1965 on the transport of gas and other products by pipelines are deemed to be certified. The commission may at any time open a certification procedure in accordance with Article 8, § 4bis. "
The identity of designated natural gas storage and LNG installation managers is 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 in § 4bis, 4ter and 4quater. The identity of designated managers is communicated to the European Commission. »;
§ 7 is replaced by the following:
“§ 7. The Minister, after hearing the relevant manager, after deliberation in the Council of Ministers, and after the Commission's notice, may revoke any designation of manager referred to in § 6 in the event of:
1st serious breach of the manager's obligations under this Act and its enforcement orders;
2° non-compliance with the manager's conditions of independence, as referred to in articles 8/3 to 8/6 and 15/1, § 2 and, in the case of a gas transport network manager, having led, if any, to a lack of certification under the procedure referred to in § 4bis, 4ter and 4quater;
3° merging, splitting or significant change in the shareholding of the latter which is likely to compromise its independence and having, if any, led to a refusal of certification under § 4bis and 4ter. "
Art. 62. to article 8/3 of the same law, inserted by the law of 1^er June, 2005 and amended by the Act of 10 September 2009, the following amendments are made:
1° § 1^er is replaced by the following:
« § 1^er. The Board of Directors is composed exclusively of non-executive directors, with the exception of the delegated administrator, and for at least one third of independent directors.
They are chosen in part for their financial management knowledge and in part for their useful technical knowledge and, in particular, for their relevant knowledge of the energy sector.
The Commission shall render a notice in accordance with the independence of independent directors, no later than thirty days after the notification of the appointment of these independent directors is received by the competent body of the manager.
The board of directors is composed for at least one third of the sex members different from that of the other members.
Managers may not, either directly or indirectly, hold any partner rights in any form in a company that supplies or produces gas or electricity. The manager of the natural gas transport network may take an interest in a company that manages a foreign natural gas transport network of 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 that such participation provides the same guarantees as those present in the manager of the natural gas transport network under this Act. The transport network manager shall communicate to the commission such participation and any related changes. »;
2° to § 1^er/1, paragraph 1^er is replaced by the following:
"Natural gas supply companies, natural gas production companies, electricity producers, electricity suppliers or intermediaries may not own either alone or jointly, directly or indirectly, any share of the company's capital or any share of the company. The shares of these companies cannot be accompanied by a right to vote. »;
3° to § 1^ertwo sub-items as follows are inserted between subparagraphs 1^er and 2:
"Companies active, directly or indirectly, in the production and/or supply of gas or electricity cannot designate members of the board of directors, committees formed within it, the steering committee of the manager of the natural gas transmission network, and any other body legally representing the company.
The same natural person is not allowed to be a member of the supervisory board, board of directors or bodies legally representing the company, and simultaneously of a company providing the production or supply of natural gas and the manager of the natural gas transport network.
§ 1^er/2, 1^er/3 and 1^er/4, written as follows:
« § 1^er/2. The same person or persons are not allowed:
(a) to exercise direct or indirect control over a company that provides, directly or indirectly, one of the following functions: the production or supply of natural gas or electricity, and direct or indirect control or any power over the natural gas transmission network manager, the natural gas storage facility manager and/or the LNG installation manager;
(b) to exercise direct or indirect control over the natural gas transmission network manager, the natural gas storage facility manager and/or LNG installation manager, and direct or indirect control or any power over a company providing, directly and indirectly, one of the following functions: production or supply of natural gas or electricity.
The powers referred to in paragraph 1^erin particular:
(i) the power to exercise voting rights, or
(ii) the authority to designate members of the board of directors, steering committee or any body legally representing the undertaking, or
(iii) detention on a majority basis.
§ 1^er/3. The designated managers count within their boards of directors and executive committees two government commissioners whose powers are decreed 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 special rights attached to specific actions for the benefit of the State in SA Distrigaz and SA Fluxys. These two Commissioners come from two different linguistic roles. By derogation from 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 special rights attached to specific actions for the benefit of the State in the SA Distrigaz and SA Fluxys, the commissioners appointed under these provisions are appointed by the Council of Ministers. Special rights within the above-mentioned managers are exercised by the Minister with energy in his or her duties.
§ 1^er/4. The special action in favour of the state in the SA Distrigaz, as mentioned in § 1/3 and in the law of 26 June 2002 regulating the special rights attached to the specific actions for the benefit of the State in the SA Distrigaz and the SA Fluxys is abolished, only with regard to the SA Distrigaz. "
Art. 63. In the same law, an article 8/5bis is inserted:
"Art. 8/5bis. Managers maintain the confidentiality of the commercially sensitive information they are aware of during the performance of their activities and prevent information on these activities, which may be commercially beneficial, from being discriminated against.
Managers refrain from transferring the information referred to to companies active in the production and supply of gas.
They also refrain from transferring their staff to such companies.
Managers, when selling or purchasing gas from a related or associated company, do not misuse commercially sensitive information obtained from third parties when granting access to the network or negotiating access to the network.
The information necessary for effective competition and the proper functioning of the market is made public. This obligation does not affect the protection of the confidentiality of commercially sensitive information. "
Art. 64. Article 8/6 of the same law, inserted by the law of 1^er June 2005, is replaced by the following:
"Art. 8/6. Sections 8, 8/1, 8/2, 8/3, 8/4, 8/5 and 8/5bis apply to the combined network manager. »
Art. 65. to section 15/1 of the Act, inserted by the Act of 29 April 1999, replaced by the Act of 1^er June 2005 and amended by the Act of 27 December 2006, the following amendments are made:
1° to § 1^erParagraph 1^er, points 1° and 2° are supplemented by the words "and ensure the appropriate means to meet auxiliary service obligations";
2° § 1^erParagraph 1^er, is completed by 11° and 12° written as follows:
"11° to inform the Commission and the Directorate General of Energy of any incident occurring on their networks and/or installations;
12° to have an electronic platform that organizes access to the natural gas transport network, natural gas storage facilities and LNG facilities, and to ensure access to these electronic platforms by the Commission and the Directorate General of Energy. »;
3° in § 3, point 3° is supplemented by the words "according to transparent, non-discriminatory and market rules";
4° § 3 is supplemented by points 4° to 8°, written as follows:
"4° to build sufficient cross-border capacity to integrate the European transport infrastructure by accessing all requests for economically reasonable and technically feasible capacity, and taking into account the security of natural gas supply;
5° to have one or more integrated networks at the regional level, as referred to in Article 12, § 3 of Regulation (EC) No 715/2009, covering two or more member states, to distribute the capacity and control the security of the network;
6° in the event of a refusal to access the natural gas transport network due to a lack of capacity or a lack of connection, to make the necessary improvements to the extent that this is economically justified or when a potential customer indicates that it is willing to take charge of them;
7° to establish a draft rules for the management of congestion that it notifies to the commission and the Directorate General of Energy. The Commission approves this project and may ask, on a reasoned basis, to amend these rules in accordance with the rules of congestion set by neighbouring countries whose interconnection is concerned and in consultation with the CAB. The commission publishes on its website the rules governing congestion. The implementation of these rules is monitored by the Commission in consultation with the Directorate General of Energy;
8° ensure that, where customers connected to the natural gas transport network wish to change their suppliers, without questioning and in accordance with the duration and terms of their contracts, this change is made within a maximum of three weeks. »;
5° in § 4, the words "Interconnector Zeebrugge Terminal (IZT) and" are repealed;
6° it is inserted the paragraphs 5 to 8 as follows:
“§ 5. Managers of the natural gas transportation, natural gas storage and LNG installation network prepare an annual investment plan for the next ten years and notify the Commission and the Energy Branch of the project.
Managers indicate in their investment plans the investments involved in the launch of an open season procedure. The Commission and the Directorate General of Energy can, each separately and keeping the other informed, ask managers in a motivated way to organize an open season procedure for investments that they had not planned.
The Minister may also ask the Commission to decide whether or not to revise the tariff methodologies established under section 15/5bis to ensure the means of financing the investments envisaged.
§ 6. Managers of the natural gas transportation, natural gas storage and LNG installation network ensure that energy efficiency is promoted on their network or installation and report annually to the Minister on the measures taken in this framework.
For energy efficiency, the natural gas transport network manager specifically promotes switchable contracts as well as non-firm capacity reservations and smart meters and/or networks.
As part of the smart meters, the natural gas transmission network manager will conduct a long-term economic assessment by December 31, 2012 of all the costs and benefits of its meters for the market and for final customers connected to the natural gas transport network, taken individually.
§ 7. Managers of the natural gas transport, natural gas storage and LNG installation network cooperate in the exercise of their duties with the CAB, at the request of the CAB, as well as with the European network of natural gas transport network managers, to ensure the compatibility of regulatory frameworks between the regions of the European Community defined by Article 12, § 3 of Regulation (EC) No. 715/2009.
§ 8. The managers of the natural gas transport network, natural gas storage facility and LNG installation transmit to the Energy Directorate copy all the information they are required to transmit to the commission as part of the code of conduct referred to in section 15/5undecies. "
Art. 66. to section 15/3 of the Act, inserted by law, of 29 April 1999 and amended by law of 16 July 2001, the following amendments are made:
1° the words "a distribution undertaking" are replaced by the words "a distribution network manager";
2° the article is supplemented by a new paragraph written as follows:
"The granting of an authorization under the first paragraph takes into account the authorizations of supply issued by the regions or other Member States of the European Economic Area. "
Art. 67. in section 15/4 of the Act, inserted by the Act of 29 April 1999, point 1°, b), is supplemented by the words ", in particular with regard to transaction and adjustment and compliance with the requirements of security of supply".
Art. 68. In chapter IVbis of the Act, an article 15/4bis is inserted, as follows:
"15/4bis. Suppliers ensure that they provide their customers with all relevant data regarding their consumption.
Suppliers ensure a high level of protection for their final customers connected to the natural gas transport network, including transparency of contract terms and conditions, general information and dispute resolution mechanisms.
Suppliers apply the approved tariffs to end customers pursuant to sections 15/5 to 15/5ter and 15/5quinquies and make clear and detailed mention of the amount of each component of the final price. "
Art. 69. In chapter IVbis of the Act, an article 15/4ter is inserted, as follows:
"Art. 15/4ter. Suppliers aim to optimize the use of natural gas, including energy management services. »
Art. 70. In chapter IVbis of the Act, an article 15/4quater is inserted, as follows:
"Art. 15/4quater. The suppliers shall make available to the federal authorities, including the Commission, the Competition Council and the European Commission, for the purpose of carrying out their duties, for a period of five years, the relevant data relating to all transactions relating to contracts for the supply of gas or gas derivatives passed with wholesale customers and managers of the natural gas transport network, as well as with managers of natural gas storage facilities and natural gas storage facilities.
The data includes information on the characteristics of the relevant transactions, such as the rules relating to the duration, delivery and liquidation, the quantity, date and time of execution, the price of the transaction and the means to identify the relevant wholesale customer, as well as the information required for all contracts for the supply of natural gas and derivatives on unliquidated natural gas.
The commission may make some of these data available to market actors, provided that commercially sensitive, confidential and/or personal information is not disclosed on market actors or specified transactions. This paragraph does not apply to information relating to financial instruments that fall under Directive 2004/39/EC of the European Parliament and the Council of 21 April 2004 on the markets of financial instruments, amending Council Directives 85/611/EEC and Directive 93/6/EEC and Directive 2000/12/EC of the European Parliament and the Council and repealing Council Directive 93/22/EEC, as transposed into Belgian law. Where the authorities referred to in the first paragraph need access to data held by entities under the above Directive, they provide the requested data.
The European Commission adopts guidance pursuant to Article 44.5 of Directive 2009/73/EC. This subsection applies to transactions involving gas derivatives between suppliers, on the one hand, and wholesale customers, the natural gas network manager and the managers of natural gas storage or LNG facilities, on the other hand, on the basis of these guidelines. "
Art. 71. Article 15/5bis of the same law, inserted by the law of 1^er June 2005, is replaced by the following:
« § 1^er. The connection, use of the network and/or installation of the natural gas transmission network manager, the natural gas storage facility manager and the LNG installation manager and, where applicable, the services provided by these managers under the code of conduct adopted in accordance with section 15/5undecies are subject to tariffs.
§ 2. After structured, documented and transparent consultation with the relevant managers, the Commission sets out the tariff methodology to be used by the natural gas transport network manager, the natural gas storage facility manager and the LNG installation manager for the establishment of their tariff proposals.
The tariff methodology includes:
(i) the definition of cost categories that are covered by rates;
(ii) the cost categories on which, if applicable, the incentive regulation is carried;
(iii) the evolutionary rules over time of the cost categories referred to in (i), including the method of determining the parameters in the devolution formulas;
(iv) the cost allocation rules to network user categories;
(v) the general rate structure and rate components.
The consultation with the natural gas transport network manager, the natural gas storage facility manager and the LNG installation manager is agreed between the commission and the said managers. in the absence of agreement, the consultation shall be held at least as follows:
1° the commission sends to the natural gas transport network manager, to the natural gas storage facility manager and to the LNG installation manager the convening of the above consultation meetings and the documentation relating to the items on the agenda of these meetings within a reasonable period of time before the meetings. The convocation mentions the venue, date and time of the meeting, as well as the items on the agenda;
2° as a result of the meeting, the Commission shall prepare a draft meeting minutes containing the arguments put forward by the various parties and the points of agreement and disagreement that it transmits, for approval, to the natural gas transport network manager, to the natural gas storage facility manager and to the LNG installation manager within a reasonable time following the meeting;
3° within a reasonable period of time following the receipt of the minutes of the commission approved by the parties, the managers, if necessary after having agreed, send to the commission their formal notice on the rate methodology resulting from this consultation, emphasizing, as appropriate, any remaining points of disagreement.
By derogation from the above provisions, the tariff methodology may be established by the commission following a determined procedure agreed with the natural gas transport network manager, the natural gas storage facility manager and the LNG installation manager on the basis of an explicit, transparent and non-discriminatory agreement.
§ 3. The Commission shall communicate to the House of Representatives its proposed tariff methodology, the completeness of the documents relating to the consultation with the natural gas transport network manager, the natural gas storage facility manager and the LNG installation manager, as well as any documents that the Commission considers necessary for the purpose of its decision on the tariff methodology, while preserving the confidentiality of commercially sensitive information concerning suppliers or users of the network, data of a specific nature
The Commission publishes on its website the applicable tariff methodology, the entirety of the documents relating to the consultation with the natural gas transport network manager, the natural gas storage facility manager and the LNG installation manager, and any documents that it considers useful to the reasons for its decision on the tariff methodology, while preserving the confidentiality of commercially sensitive information concerning suppliers or users of the network and/or installations, data or data
§ 4. The tariff methodology established under § 3 and applicable to the establishment of the tariff proposal shall be communicated to the natural gas transmission network manager, the natural gas storage facility manager and the LNG installation manager no later than six months before the date on which the tariff proposal must be filed with the Commission. Changes must be motivated.
The tariff methodology remains in effect throughout the tariff period, including the closing of the balances for that period. Amendments to the tariff methodology established during the tariff period, in accordance with § 2, apply only from the following tariff period, unless explicitly, transparent and non-discriminatory between the commission and the managers.
§ 5. The Commission shall establish the tariff methodology in accordance with the following guidelines:
1° the tariff methodology must be comprehensive and transparent so that the natural gas transport network manager, the natural gas storage facility manager and the LNG installation manager can prepare their tariff proposals on this basis alone. It includes elements that must be included in the tariff proposal. It defines the reporting models to be used by these managers;
2° the tariff methodology shall provide an efficient coverage of all costs necessary or effective in the performance of legal or regulatory obligations that are the responsibility of the natural gas transport network manager, the natural gas storage facility manager and the LNG installation manager as well as for the exercise of their activities;
3° the rate methodology sets the number of years of the regular period beginning at 1^er January. The resulting annual rates are determined under the applicable tariff methodology for that period;
4° the tariff methodology allows the balanced development of the natural gas transport network, natural gas storage facility and/or LNG installation, in accordance with the investment plan of the managers of this network and such facilities as approved, if any, by the competent authorities;
5° the possible criteria for rejecting certain costs are non-discriminatory and transparent;
6° the rates are non-discriminatory and proportionate. They respect a transparent cost allocation;
7° the structure of the tariffs promotes the rational use of energy and infrastructure;
8° the different rates are uniform in the territory served by the natural gas transport network manager, the natural gas storage facility manager and the LNG installation manager;
9° the normal remuneration of capital invested in the regulated assets shall allow the natural gas network manager, the natural gas storage facility manager and the LNG installation manager to make the necessary investments for the performance of their duties;
in the event of a difference in the treatment of capital remuneration, or amortization between managers, the difference is duly motivated by the commission;
10° Flexibility services are provided in the most cost-effective manner and provide users with appropriate incentives to balance their injection and removal. The rates associated with these services are fair non-discriminatory, and based on objective criteria;
11° the net costs of public service missions imposed by law, decree or order and their enforcement orders are taken into account in the tariffs in a transparent and non-discriminatory manner, in accordance with the applicable legislative and regulatory provisions;
12° taxes, taxes, overloads and contributions of all kinds imposed by law, decree or order and their enforcement orders are added to the rates automatically and within the time limits provided by the procedure for introducing and approving the rates. The Commission may control the conformity of these costs with applicable legislative and regulatory provisions;
13° purchases of goods and services carried out in accordance with public procurement legislation are deemed to be made at the market price, subject to, where applicable, the discretionary authority of the commission;
14° the methodology determines the modalities of integration and control of the unfunded costs arising from the supplementary pension or pension expenses of the non-capitalized public sector, paid to agents engaged in a regulated activity of natural gas transport, natural gas storage or LNG, due for years prior to the liberalization under the statutes, collective labour agreements or other conventions sufficiently formalized, approved before 30 April 1999, or
15° for the determination of balances (positive or negative) of which it decides the distribution for the next regular period, the commission fixes the categories of costs not subject to any incentive regulation that constitute debts or regular claims and that are recovered by or rendered through the rates applicable during the next regular period;
16° any cost control method based on comparison techniques must take into account the objective differences between managers and which cannot be eliminated on the initiative of the manager concerned.
Any decision using comparison techniques incorporates qualitative parameters and is based on homogeneous, transparent, reliable and published or fully communicable data in the motivation of the commission's decision.
The reasonableness of costs is appreciated by comparison with the corresponding costs of companies carrying out similar activities under similar conditions, taking into account, inter alia, the existing regulatory or regulatory specificities in international comparisons;
17° any productivity efforts that may be imposed on the natural gas transport network manager, the natural gas storage facility manager and the LNG installation manager may not jeopardize, in the short or long term, the security of persons or goods and the continuity of the supply;
18° cross-subsidization between regulated and unregulated activities is not permitted;
19° the tariffs encourage the natural gas transport network manager, the natural gas storage facility manager and the LNG installation manager to improve performance, promote market integration and security of supply and conduct the necessary research and development in their operations;
20° the costs referred to in points 11°, 12° and 14° and the financial expenses as well as the costs other than those referred to in § 2(ii) are not subject to decisions based on methods of comparison or to incentives;
21° the tariff methodology applicable to installation extensions or new natural gas transport facilities for the storage and extensions of facilities or new LNG natural gas transport facilities, as well as installation extensions or new natural gas transport facilities may deviate from the connection and use rates of the natural gas transport network to allow for long-term development;
22° the prices aim to provide a fair balance between the quality of the services presets and the prices supported by the final customers;
The Commission may control the compliance of the costs of the natural gas transport network manager, the natural gas storage facility manager and the LNG installation manager with the applicable legislative and regulatory provisions.
§ 6. The natural gas transport network manager, the natural gas storage facility manager and the LNG installation manager prepare their tariff proposals in accordance with the Commission's tariff methodology and introduce them in accordance with the tariff introduction and approval procedure.
§ 7. The Commission examines the tariff proposal, determines its approval and communicates its reasoned decision to the manager in accordance with the procedure for introducing and approving tariffs.
§ 8. The procedure for introducing and approving tariff proposals is agreed between the commission and the natural gas transport network manager, the natural gas storage facility manager and the LNG installation manager. the procedure shall be as follows:
1° the manager shall submit, within a reasonable period before the end of the last year of each current regular period, his tariff proposal accompanied by the budget for the next regular period in the form of the report model established by the commission in accordance with § 5;
2° the tariff proposal, together with the budget, is transmitted in three copies per carrier 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 with the budget;
3° within a reasonable period of time following the receipt of the tariff proposal accompanied by the budget, the commission confirms to the manager, by letter by carrier with acknowledgement of receipt, as well as by e-mail, that the file is complete or sends a list of the additional information it must provide.
Within a reasonable period of time following receipt of the letter referred to in the preceding paragraph in which further information was requested, the manager shall forward this information to the commission in three copies, by letter per carrier with acknowledgement of receipt. The manager also transmits an electronic version of the responses and additional information to the commission;
4° within a reasonable period of time following receipt of the tariff proposal referred to in 2° or, where appropriate, within a reasonable time after receipt of the responses and additional information from the manager referred to in 3°, the Commission shall inform the manager by letter by carrier with acknowledgement of receipt, its approval decision or its proposed decision to refuse the relevant tariff proposal accompanied by the budget.
In its proposed denial of the tariff proposal accompanied by the budget, the Commission shall give reasons for the points that the manager must adapt to obtain a decision to approve the commission. The Commission is authorized to request the manager to amend its tariff proposal to ensure that it is proportionate and applied in a non-discriminatory manner;
5° if the Commission denies the tariff proposal with the manager's budget in its proposed denial of the tariff proposal accompanied by the budget, the manager may communicate his objections to this matter to the Commission within a reasonable time after the receipt of this draft decision.
These objections are transmitted to the commission by carrier with acknowledgement of receipt, as well as in electronic form.
The manager shall, at his request, be heard within a reasonable time after receiving the proposed decision to refuse the tariff proposal accompanied by the budget by the Commission.
Where applicable, the manager shall submit, within a reasonable period of time following the receipt of the proposed decision to refuse the proposed tariff proposal accompanied by the budget, to the bearer with acknowledgement of receipt, in three copies his appropriate tariff proposal accompanied by the budget. The manager also submits an electronic copy to the commission.
Within a reasonable period of time following the Commission's submission of the proposed denial decision of the tariff proposal accompanied by the budget or, where appropriate, within a reasonable period of time after receipt of objections and the appropriate tariff proposal accompanied by the budget, the Commission shall inform the manager, by letter by carrier with acknowledgement of receipt, as well as by electronic means, of its decision to refuse the tariff proposal, if appropriate, accompanied by the budget;
6° if the manager fails to comply with its obligations within the time limits set out in items 1° to 5°, or if the commission has made the decision to refuse the tariff proposal accompanied by the budget or the appropriate tariff proposal accompanied by the appropriate budget, interim rates shall be applied until all objections of the manager or commission are exhausted or until an agreement is reached between the commission and the manager on the points of dispute. The Commission is empowered, after consultation with the manager, to determine appropriate compensatory measures when the final tariffs deviate from these interim rates;
7° in the event of transition to new services and/or adaptation of existing services, the manager may submit an updated tariff proposal to the Commission's approval in the regulatory period. This updated tariff proposal takes into account the tariff proposal approved by the Commission, without altering the integrity of the existing tariff structure.
The updated proposal is introduced by the manager and processed by the commission in accordance with the applicable procedure referred to in points 1 to 6°, on the understanding that the deadlines are reduced by half;
8° if exceptional circumstances occur during a regular period regardless of the manager's will, the manager may at any time of the regular period submit to the Commission a reasoned request for a review of his/her tariff proposal for the following years of the regular period.
The reasoned request for a review of the tariff proposal is introduced by the manager and processed by the commission following the applicable procedure referred to in points 1 to 6°, on the understanding that the deadlines are reduced by half;
9° the commission adapts, without prejudice to its ability to control costs on the basis of applicable legal and regulatory provisions, the rates of the natural gas network manager, the natural gas storage facility manager and the LNG installation manager to any changes in public service obligations, including regional, that are applicable to them, no later than three months from the transmission by these managers of such changes. The natural gas transmission network manager, the natural gas storage facility manager and the LNG installation manager shall forward these changes to the commission as soon as possible following their entry into force;
10° the Commission publishes on its website, in a transparent manner, the state of the procedure for adopting tariff proposals and, where applicable, the tariff proposals filed by the network manager.
§ 9. The Commission establishes the tariff methodology and exercises its tariff jurisdiction to promote stable and predictable regulation that contributes to the smooth functioning of the liberalized market, and allows the financial market to determine with reasonable security the value of the manager. It ensures the continuity of the decisions it has made during previous regular periods, including the assessment of regulated assets.
§ 10. The Commission exercises its tariff jurisdiction taking into account the general energy policy as defined in European, federal and regional legislation and regulations.
§ 11. For the sake of transparency in the repercussion of costs to the final customer, the different elements of the tariff are distinguished on the invoice, especially with respect to public service obligations and their content.
§ 12. The accounting of the natural gas transport network manager, the natural gas storage facility manager and the LNG installation manager is carried out according to a uniform analytical accounting plan by activity, prepared on the proposal of the managers and approved by the commission, or, fails to propose before 1^er October 2011, established by the commission in consultation with managers.
§ 13. The Commission publishes 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 concerning suppliers or users of the network and/or facilities, personal data and/or data whose confidentiality is protected under specific legislation.
The natural gas transmission network manager, the natural gas storage facility manager and the LNG installation manager shall, as soon as possible, communicate to the users of their network and/or install the tariffs they must apply and make them available to all persons who request it. They also communicate them as soon as possible on their website, with a calculation module specifying the practical application of the rates.
Applied rates cannot have retroactive effect.
§ 14. The tariff methodology established by the Commission and the decisions relating to tariff proposals made by the Commission pursuant to this tariff methodology may be appealed to the Brussels Court of Appeal by any person justifying interest under Article 15/20.
Such a remedy may include:
- the Commission ' s decision does not respect the guidelines referred to in this article;
- the Commission's decision does not respect the general energy policy as defined in European, federal and regional legislation and regulations;
- the commission's decision does not guarantee the means necessary for the realization of the investments of the natural gas transport network manager, the natural gas storage facility manager and the LNG installation manager and the maintenance of their infrastructure or the execution of their legal missions. "
Art. 72. Article 15/5ter of the same law, inserted by the law of 1^er June 2005, is replaced by the following:
« § 1^er. Connection, use of networks and, where applicable, auxiliary services, distribution network managers are subject to tariffs.
§ 2. After consultation with regional regulators and after structured, documented and transparent consultation with distribution network managers, the Commission sets out the rate methodology to be applied by these managers for the establishment of their tariff proposals.
The tariff methodology includes:
(i) the definition of cost categories that are covered by rates;
(ii) the cost categories on which the incentive may be regulated;
(iii) the evolutionary rules over time of the cost categories referred to in (i), including the method of determining the parameters in the devolution formulas;
(iv) the cost allocation rules to network user categories;
(v) the general rate structure and rate components.
The consultation with distribution network managers is agreed between the commission and the said managers. in the absence of agreement, the consultation shall be held at least as follows:
1° the commission sends to distribution network managers, in the language of the distribution network manager, the convocation to the consultation meetings and the documentation relating to the items placed on the agenda of these meetings within a reasonable time before such meetings. The convocation mentions the venue, date and time of the meeting, as well as the items on the agenda;
2° following the meeting, the Commission shall prepare a draft meeting minutes reflecting the arguments put forward by the various parties and the points of agreement and disagreement found; transmits this report, for approval, to distribution network managers, in the language of the distribution network manager within a reasonable time after the meeting;
3° within a reasonable period of time following the receipt of the minutes of the commission approved by the parties, the distribution network managers, if necessary after having agreed, send to the commission their formal notice on the rate methodology resulting from this consultation, emphasizing, as appropriate, any remaining points of disagreement, both in relation to the Commission's proposal and among them.
By derogation from the above provisions, the tariff methodology may be established by the commission following a determined procedure in common agreement with distribution network managers on the basis of an explicit, transparent and non-discriminatory agreement.
§ 3. The Commission shall communicate to the House of Representatives its proposed tariff methodology, the completeness of the documents relating to consultation with distribution network managers and all documents that it considers necessary for the reasons for its decision on tariff methodology, while maintaining the confidentiality of commercially sensitive information regarding network providers or users, personal data and/or data whose confidentiality is protected under specific legislation.
The Commission publishes on its website the applicable tariff methodology, the entirety of the documents relating to consultation with distribution network managers and any documents that it considers useful to the reasons for its decision on tariff methodology, while preserving the confidentiality of commercially sensitive information concerning suppliers or users of the network, personal data and/or data whose confidentiality is protected under specific legislation.
§ 4. The tariff methodology established under § 3 and applicable to the establishment of tariff proposals shall be communicated to distribution network managers no later than six months before the date on which the tariff proposal must be filed with the Commission.
This tariff methodology remains in effect throughout the tariff period, including the closing of the balances for that period. Amendments to the tariff methodology made 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 distribution network managers. Changes must be motivated.
§ 5. The Commission shall establish the tariff methodology in accordance with the following guidelines:
1° the tariff methodology must be comprehensive and transparent so that distribution network managers can establish their tariff proposals on this basis alone. It includes elements that must be included in the tariff proposal. It defines the reporting models to be used by these managers;
2° the tariff methodology shall provide an efficient coverage of all necessary or effective costs for the performance of the legal or regulatory obligations of distribution network managers, as well as for the exercise of their activities;
3° the rate methodology sets the number of years of the regular period beginning at 1^er January. The resulting annual rates are determined under the applicable tariff methodology for that period;
4° the tariff methodology allows the balanced development of distribution networks, in accordance with the various investment plans of these managers as approved, if any, by the competent authorities;
5° the possible criteria for rejecting certain costs are non-discriminatory and transparent;
6° the rates are non-discriminatory and proportionate. They respect a transparent cost allocation;
7° the structure of the tariffs promotes the rational use of energy and infrastructure;
8° the different rates are uniform in the territory served by the distribution network manager;
9° the normal remuneration of capital invested in the regulated assets must allow distribution network managers to make the investments necessary for the performance of their missions;
10° the net costs of public service missions imposed by law, decree or order and their enforcement orders, not financed by taxes, taxes, contributions and overloads referred to in 11°, are taken into account in the tariffs in a transparent and non-discriminatory manner in accordance with the applicable legislative and regulatory provisions;
11° taxes, taxes, overloads and contributions of any kind imposed by law, decree or order and their enforcement orders are added to the rates automatically and within the time limits provided by the procedure for introducing and approving the rates. The Commission may control these costs on the basis of applicable legislation and regulations;
12° purchases of goods and services carried out in compliance with public procurement legislation are deemed to be made at the market price, subject to, where appropriate, the discretionary authority of the commission;
13° the methodology determines the modalities of integration and control of the unfunded costs arising from the supplementary pension or pension expenses of the non-capitalized public sector, paid to agents having taken a regulated activity of distribution of natural gas, due for the years prior to the liberalization under the statutes, collective labour agreements or other conventions sufficiently formalized, approved before 30 April 1999, or paid to their beneficiaries of distribution
14° for the determination of positive or negative balances, of which it decides the distribution for the next regular period, the commission fixes the costs referred to in 10°, 11° and 13° as well as the costs other than those referred to in § 2 (ii) that are recovered or rendered in the rates of the following period;
15° subject to the commission's compliance control, the rates allow the distribution network manager whose efficiency is in the market average to recover all of its costs and normal capital remuneration. Any cost control method based on comparison techniques must take into account the objective differences between distribution network managers and which cannot be eliminated on the initiative of the manager concerned.
Any decision using comparison techniques incorporates qualitative parameters and is based on homogeneous, transparent, reliable and published or fully communicable data in the motivation of the commission's decision.
Any comparison with other distribution network managers is made between companies with similar activities operating under similar circumstances;
16° any productivity efforts that may be imposed on distribution network managers may not jeopardize the security of persons or goods or the continuity of the supply in the short or long term;
17° cross-subsidization between regulated and unregulated activities is not permitted;
18° tariffs encourage distribution network managers to improve performance, promote market integration and security of supply, and conduct the research and development required for their activities, including taking into account their investment plans as approved, where appropriate, by the relevant regional authorities;
19° the costs referred to in 10°, 11° and 13° are not subject to decisions based on methods of comparison or to incentive regulation;
20° the rates aim to provide a fair balance between the quality of the services presets and the prices supported by the final customers.
The Commission may control the costs of distribution network managers on the basis of applicable legislation and regulations.
§ 6. Distribution network managers prepare their tariff proposals in accordance with the tariff methodology established by the Commission and introduce them in accordance with the procedure for the introduction and approval of tariffs.
§ 7. The Commission examines the tariff proposal, determines its approval and communicates its reasoned decision to the distribution network manager in compliance with the tariff introduction and approval procedure.
§ 8. The procedure for introducing and approving tariff proposals is agreed between the Commission and distribution network managers. the procedure shall be as follows:
1° the distribution network manager shall submit, within a reasonable period of time before the end of the last year of each current regular period, its tariff proposal accompanied by the budget for the next regular period in the form of the report model established by the commission in accordance with § 5;
2° the tariff proposal accompanied by the budget is transmitted in three copies per carrier with acknowledgement of receipt to the commission. The distribution network manager also transmits an electronic version on the basis of which the commission may, if necessary, rework the tariff proposal with the budget;
3° within a reasonable period of time following the receipt of the tariff proposal accompanied by the budget, the commission confirms to the distribution network manager, by letter by carrier with acknowledgement of receipt, as well as by e-mail, that the file is complete or sends a list of the additional information that it must provide.
Within a reasonable time after the receipt of the above-mentioned letter in which additional information was requested, the distribution network manager shall forward this information to the commission in three copies per letter per carrier with acknowledgement of receipt. The distribution network manager also transmits an electronic version of the responses and additional information to the commission;
4° within a reasonable period of time following receipt of the tariff proposal referred to in 2° or, where appropriate, within a reasonable time after receipt of the replies and additional information from the distribution network manager referred to in 3°, the Commission shall inform the manager by letter by carrier with acknowledgement of receipt, its approval decision or its proposed decision to refuse the tariff proposal accompanied by the budget concerned.
In its proposed decision to deny the tariff proposal with the budget, the Commission shall give reasons for the points that the distribution network manager must adapt to obtain a decision to approve the commission. The Commission is empowered to request the distribution network manager to amend its tariff proposal to ensure that it is proportionate and applied in a non-discriminatory manner;
5° if the Commission denies the tariff proposal with the distribution network manager's budget in its proposed decision to refuse the tariff proposal accompanied by the budget, the manager may make his objections to this matter to the commission within a reasonable time after the receipt of this draft decision.
These objections are transmitted to the commission by carrier with acknowledgement of receipt, as well as in electronic form.
The distribution network manager shall, at his request, be heard within 20 working days after receipt of the proposed denial of the tariff proposal with the budget by the Commission.
Where applicable, the distribution network manager shall submit, within a reasonable period of time following the receipt of the proposed decision to refuse the proposed tariff proposal accompanied by the budget, to the bearer with acknowledgement of receipt, in three copies its appropriate tariff proposal accompanied by the budget. The distribution network manager also submits an electronic copy to the commission.
Within a reasonable period of time following the Commission's submission of the proposed denial decision of the tariff proposal accompanied by the budget or, where appropriate, within a reasonable period of time after receipt of objections and the appropriate tariff proposal accompanied by the budget, the Commission shall inform the distribution network manager, by letter by carrier with acknowledgement of receipt, as well as by electronic means of its decision to approve or refuse the tariff proposal, if appropriate, accompanied by the budget;
6° if the distribution network manager does not comply with its obligations within the time limits set out in 1° to 5°, or if the commission has made the decision to refuse the tariff proposal accompanied by the appropriate budget or tariff proposal accompanied by the appropriate budget, interim rates shall be applied until all objections of that manager or commission are exhausted or until an agreement is reached between the commission and the distribution network manager. The Commission is empowered, after consultation with the distribution network manager, to establish appropriate countervailing measures when final tariffs deviate from these interim rates;
7° in the event of transition to new services and/or adaptation of existing services, the distribution network manager may submit an updated tariff proposal to the Commission's approval in the regulatory period. This updated tariff proposal takes into account the tariff proposal 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 applicable procedure, referred to in the 1° to 6° above, on the understanding that the deadlines are reduced by half;
8° if exceptional circumstances occur during a regular period regardless of the willingness of the distribution network manager, the distribution network manager may at any time of the regular period submit to the Commission a reasoned request for a review of its tariff proposal, for the following years of the regular period.
The reasoned request for a review of the tariff proposal is introduced by the distribution network manager and processed by the commission following the applicable procedure referred to in 1° to 6° on the understanding that the deadlines are reduced by half;
9° the Commission adapts, without prejudice to its ability to control costs on the basis of applicable legal and regulatory provisions, the rates of distribution network managers to any changes in public service obligations, including regional, that are applicable to them, no later than three months from the transmission by these managers of such changes. The distribution network managers send these changes to the commission as soon as possible after their entry into force;
10° the Commission publishes on its website, in a transparent manner, the state of the procedure for adopting tariff proposals and, where applicable, the tariff proposals filed by the network manager.
§ 9. The Commission establishes the tariff methodology and exercises its tariff jurisdiction to promote stable and predictable regulation that contributes to the smooth functioning of the liberalized market, and allows the financial market to determine with reasonable security the value of the distribution network manager. It ensures the continuity of the decisions it has made during previous regular periods, including the assessment of regulated assets.
§ 10. The Commission exercises its tariff jurisdiction taking into account the general energy policy as defined in European, federal and regional legislation and regulations.
§ 11. For the sake of transparency in the repercussion of costs to the final customer, the different elements of the tariff are distinguished on the invoice, especially with respect to public service obligations and their content.
§ 12. The accounting of distribution network managers shall be carried out according to a uniform analytical accounting plan by activity, prepared on the proposal of one or more managers representing at least seventy-five per cent of the enterprises carrying on the same activity and approved by the commission or in the absence of a proposal before 1^er October 2011, established by the commission after consultation with distribution network managers.
§ 13. The Commission publishes 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 concerning suppliers or users of the network, personal data and/or data whose confidentiality is protected under specific legislation.
The distribution network managers shall, as soon as possible, communicate to the users of their networks the tariffs they must apply and make them available to all those who request them. They also communicate them as soon as possible on their website, with a calculation module specifying the practical application of the rates. Applied rates may not have retroactive effects.
§ 14. The tariff methodology established by the Commission and the decisions relating to tariff proposals made by the Commission pursuant to this tariff methodology may be appealed to the Brussels Court of Appeal by any person justifying interest under Article 15/20.
Such a remedy may include:
- the Commission ' s decision does not respect the guidelines referred to in this article;
- the Commission's decision does not respect the general energy policy as defined in European, federal and regional legislation and regulations;
- the commission's decision does not guarantee the means necessary for the realization of the investments of the distribution network managers or the execution of their legal mission. "
Art. 73. Article 15/5quater of the same law, inserted by the law of 1^er June 2005 and amended by the Act of 20 July 2006, is replaced by the following:
"Art. 15/5quater. The Commission fully motivates and justifies its tariff decisions, both in terms of tariff methodologies and tariff proposals, in order to allow for judicial review. When a decision is based on reasons of an economic or technical nature, the motivation takes all the elements that justify this decision.
When these decisions are based on a comparison, the motivation includes all the data taken into account to establish this comparison.
In accordance with its obligation of transparency and motivation, the Commission publishes, on its website, the acts of individual or collective scope adopted pursuant to articles 15/5bis to 15/5quinquies, as well as any preparatory act, report of experts, commentary by the parties consulted thereon. It ensures this advertisement by preserving the confidentiality of commercially sensitive information and/or personal data. For this purpose, after consultation with the natural gas companies concerned, the commission sets out guidelines identifying information falling within the scope of confidentiality.
The Commission attached to its final act a comment justifying whether or not the comments made by the parties consulted were taken into account. "
Art. 74. Article 15/5quinquies of the same law, inserted by the law of 1^er June 2005 and repealed by the law of 29 April 2010, is reinstated in the following wording:
"Art. 15/5quinquies. § 1^er. the royalty orders of 8 June 2007 relating to the general tariff structure and to the basic principles and procedures in respect of the tariffs and accounts of the managers referred to in the law of 12 April 1965 relating to the carriage of gaseous and other products by pipelines and assets in the territory of Belgium, for their extensions of facilities or their new facilities
§2. As a transitional measure, the Commission may extend the tariffs existing on the date of the publication of the Act of 8 January 2012 amending the Act of 29 April 1999 on the organization of the electricity market and the Act of 12 April 1965 on the carriage of gaseous and other products by pipelines or take any other transitional measures that it considers useful following the entry into force of the above-mentioned law until the adoption of the above-mentioned methods When making use of this paragraph, the Commission shall take into account the guidelines of Article 15/5bis, § 5, as well as those of Article 15/5ter, § 5.".
Art. 75. Articles 15/5sexies to 15/5decies of the same law, inserted by the law of 1^er June 2005, are repealed.
Art. 76. Article 15/5 of the same law, inserted by the law of 1^er June 2005 and amended by the Act of 27 December 2006, the following amendments are made:
1° to § 1^er, the words ", as well as significant increases in the capacity of existing facilities and the modifications of these facilities allowing the development of new sources of gas supply," are inserted between the words "interconnections with neighbouring states, LNG and storage facilities" and the words "may benefit from an exemption";
2° to § 1^er, the words "on the proposal of the minister and" are inserted between the words "given by the King" and the words "after notice of the Commission";
§ 1^erbis and 1^erter as follows:
« § 1^erbis. The application for exemption under § 1^er shall be brought to the Minister who shall instruct him on the basis of the procedure set out in § 1^erter to 4.
§ 1^erter. If the facility concerned is located in the territory of several Member States, the CAB may submit to the Minister and to the competent authorities of the other Member States concerned an advisory opinion, which they may use as the basis of their decision, within two months of the date of receipt of the request for exemption by the last of these authorities.
If all concerned authorities reach an agreement on the request for exemption within six months of the date of receipt of the request by the last of the authorities, they inform the CAB of their decision.
The CAB shall exercise the responsibilities conferred by this section on the authorities concerned:
(a) if all the authorities concerned have not reached an agreement within six months of the date on which the request for exemption was received by the last of those authorities; or
(b) at the joint request of the authorities concerned.
All concerned authorities may jointly request that the period referred to in paragraph 3, (a) be extended for a maximum of three months.
Before making a decision, the CAB consults with the authorities concerned and the applicants. »;
4° § 2, paragraph 1^er, is replaced by the following:
"The derogation may cover all or part, respectively, of the new installation or existing facility significantly increased. »;
5° in § 2, paragraph 2, the words "to interconnections with neighbouring states" are replaced by the words "to infrastructure";
6° in § 2, paragraph 3, the words "of the duration of contracts" are replaced by the words ", in particular";
7° § 3 and § 4 are replaced by the following:
“§3. Before granting an exemption, the King, on the proposal of the Minister and after the advice of the commission, may determine the rules and mechanisms relating to the management and allocation of capacity. The rules require that all potential users of the infrastructure be invited to demonstrate their desire to contract capabilities before the allocation of the capacity of the new infrastructure takes place, including for their own use.
Congestion management rules include the requirement to provide unused market capabilities and require that infrastructure users be able to negotiate their sub-market capabilities. In the assessment of the criteria referred to in § 1^er, 1°, 2° and 5°, it is taken into account the results of this capacity allocation procedure.
The derogation decision, including the conditions referred to in § 2, is duly reasoned and published in the Belgian Monitor, together with the opinion of the Commission.
§ 4. The Minister shall promptly transmit to the European Commission a copy of each application for exemption, upon receipt. It shall promptly notify the European Commission of the decision and all relevant information. This information may be provided to the European Commission in an aggregate form to enable it to properly base its decision. This information includes:
(a) the detailed reasons on which the exemption was granted or denied, and a reference to § 1^er including the relevant points or points of that paragraph on which that decision is based, including financial data, demonstrating that it was necessary;
(b) analysis of the impact of the granting of the exemption on competition and the effective functioning of the domestic natural gas market;
(c) the reasons for the duration and proportion of the total capacity of the gas facility for which the exemption is granted;
(d) if the exemption concerns an interconnection, the result of the consultation with the authorities of the other member States of the European Union concerned; and
e) the facility's contribution to the diversification of the gas supply.
Within two months of the day following receipt of a notification, the European Commission may decide to make a decision requiring the decision to grant an exemption to be amended or withdrawn. This two-month period may be extended by an additional two-month period if the European Commission requests additional information. This additional period is short from the day after the date of receipt of the additional information. The initial two-month period may also be extended by mutual agreement between the European Commission and the Minister.
If the information requested is not provided within the time limit set out in the application, the notification shall be deemed to have been withdrawn, unless the period has been extended by mutual agreement between the European Commission and the Minister, or the Minister has informed the European Commission, before the expiry of the time limit set, and by a duly substantiated statement, that the Minister considers the notification to be complete.
The Minister shall comply with the decision of the European Commission requesting the amendment or withdrawal of the derogation decision within one month and shall inform the European Commission.
The approval of a derogation decision by the European Commission shall be effective two years after its adoption if the construction of the facility has not yet commenced, and five years after its adoption if the facility has not become operational, unless the European Commission decides that a delay is due to major obstacles beyond the control of the derogated person. "
Art. 77. Section 15/6 of the Act, inserted by the Act of 29 April 1999 and amended by the Act of 1^er June 2005, is supplemented by a new paragraph, which reads as follows:
"Managers of the natural gas transport and natural gas storage network publish on their websites storage facilities or part of them and pipeline storage facilities to which end customers connected to the transport network can access. "
Art. 78. Section 15/7 of the Act, inserted by the Act of 29 April 1999 and amended by the Act of 1^er June 2005, the following amendments are made:
1° § 1^er, 3°, is replaced by the following:
"3° access to the network creates or would create economic and financial difficulties for the transport company in question because of the "take-or-pay" commitments it has accepted within the framework of one or more contracts to purchase gas in accordance with the procedure set out in § 3. »;
2° to § 2, paragraph 1^er, the words "must be motivated" are replaced by the words "must be duly motivated and justified";
3° to § 2, paragraphs 2 and 3 are replaced by the following:
"Managers communicate to the commission their reasons for refusal of access. »;
4° a § 3 is inserted as follows:
“§3. Any refusal of access under § 1^er, 3° is subject to the authorization of the commission.
When a transport company refuses access to its transportation network on this basis, it shall forthwith request an exemption from the commission, which shall rule on the basis of the following procedure.
Requests for exemptions are accompanied by all useful information on the nature and importance of the problem and the efforts of the transport company to resolve it. If no other reasonable solution arises and taking into account the criteria set out in paragraph 5, the Panel may decide to grant an exemption.
The Commission shall promptly notify the European Commission of its decision to grant an exemption, together with all relevant information concerning the exemption. This information may be provided to the European Commission in an aggregate form to enable it to properly base its decision. Within eight weeks of receiving this notification, the European Commission may request that the Commission amend or withdraw the decision to grant an exemption. If the Commission fails to comply with this request within four weeks, a final decision shall be made without delay in accordance with the consultation procedure referred to in Article 51, § 2 of Directive 2009/73/EC.
In deciding on the derogations referred to in this paragraph, the Commission and the European Commission shall, inter alia, take into account the following criteria:
(a) the objective of achieving a competitive gas market;
(b) the need to meet public service obligations and ensure security of supply;
(c) the situation of the transport company in the gas market and the actual competition situation in that market;
(d) the severity of the economic and financial difficulties experienced by natural gas companies and transport companies or final customers;
(e) the dates of signature and the terms of the contract or contracts in question, including the extent to which they are able to take into account the market developments;
(f) efforts to resolve the problem;
(g) the extent to which, at the time of accepting the "take or pay" commitments in question, the carrier could reasonably have provided, in view of the provisions of this directive, that serious difficulties were likely to occur;
(h) the level of network connection to other networks and the degree of interoperability of these networks; and
(i) the impact of an exemption on the correct application of this Act with respect to the proper functioning of the domestic natural gas market.
A decision on an application for derogation of "take or pay" contracts concluded before 4 August 2003, should not lead to a situation in which it is impossible to find other profitable opportunities. In any case, serious difficulties are not expected to exist as long as natural gas sales do not fall below the level of minimum demand guarantees contained in "take or pay" gas purchase contracts or to the extent that the relevant "take or pay" gas purchase contract may be adapted, or the natural gas company may find other opportunities.
Natural gas undertakings that have not received an exemption under this subsection may not or may not refuse access to the network because of "take or pay" commitments accepted in a gas purchase contract.
Any derogation granted under this paragraph shall be duly motivated and shall be published in the Official Journal of the European Union by the European Commission. "
Art. 79. Section 15/9 of the Act, inserted by the Act of 29 April 1999 and amended by the Act of 1^er June 2005, the following amendments are made:
1° the words "in accordance with Article 20 of Directive 2003/55" are repealed;
2° the article is supplemented by a paragraph written as follows:
"These measures apply the objectives of fair and open access, the creation of a competitive natural gas market and the prevention of abuse of dominant position, taking into account the security and regularity of supplies, the capabilities that are or can reasonably be made available and the protection of the environment. The following elements are taken into account:
(a) the need to refuse access where there is, in technical specifications, an incompatibility that cannot reasonably be overcome;
(b) the need to avoid the difficulties that are not reasonably overmountable and that could adversely affect the efficiency of the production, present and planned for the future, of hydrocarbons, including on deposits with low economic viability;
(c) the need to meet the reasonable and duly justified requirements of the owner or manager of the upstream pipeline system for the transport and processing of gas and the interests of all other users of the upstream pipeline network or any processing or handling facilities that may be affected; and
(d) the need to apply, in accordance with Community law, their legislation and administrative procedures with respect to the granting of prior production or development authorizations. "
Art. 80. In chapter IVbis of the Act, an article 15/9bis is inserted as follows:
"Art. 15/9bis. § 1^er. Any natural or legal person who owns or has a right of use on a network meeting the criteria of an industrial closed network connected exclusively to the natural gas transport network, not part of a distribution network, as defined in section 1^er, 56°, may declare to the commission and the minister this network within six months of the publication of the law of ... amending the law of April 29, 1999 on the organization of the electricity market and the law of April 12, 1965 on the carriage of gas and other products by pipelines and undertaking to respect the provisions applicable to it under this Act. By this declaration, it acquires the quality of industrial closed network manager. The Directorate General of Energy, after the advice of the commission and manager of the natural gas transport network, checks the technical compliance of the industrial closed network declared with the natural gas transport network. for this purpose, the industrial closed network manager shall, within six months of its declaration, provide the Energy Directorate with proof of the technical compliance of its industrial closed network with the natural gas transport network. A copy of this report is sent to the natural gas transport network manager and to the commission.
The Minister may give, after notice of the commission and manager of the natural gas transport network, the quality of industrial closed network manager to the natural or legal person, owner or having a right of use on a network meeting the criteria of an industrial closed network connected exclusively to the natural gas transport network, not part of a distribution network, as defined in section 1^er, 56° which applies after the publication of the law of ... amending the law of 29 April 1999 on the organization of the electricity market and the law of 12 April 1965 on the transport of gaseous and other products by pipelines and which meets the criteria provided for in this Act.
The Energy Directorate publishes and updates on its website the list of industrial closed network managers.
§ 2. By derogation from the provisions of this Act, including sections 3 to 8/6, 15/1, 15/3 to 15/5quinquies, 15/5duodecies and 15/12, closed industrial network managers are only required to:
(a) any industrial closed network manager shall, within this function, not discriminate between users of its industrial closed network;
(b) any industrial closed network manager shall provide the users of its industrial closed network with the right to obtain their natural gas from suppliers of their choice and to change suppliers, without questioning and respecting the duration and terms of their contracts, within a maximum of three weeks. Any user of an industrial closed network may mandate the manager of this network to exercise his or her eligibility on his or her behalf. To be valid, this mandate must be expressly provided and be subject to review by contractual period;
c) any industrial closed network manager modalizes the connection and access to this network by contract with users of the industrial closed network. These contracts include:
1° the minimum technical requirements for the design and operation of the installations connected to the industrial closed network, the maximum power to the connection and the characteristics of the supplied power supply;
2° the commercial terms and conditions of connection to and access to the industrial closed network;
3° the cut-off conditions of the connection for non-compliance with contractual obligations or for the safety of the industrial closed network.
These contracts must be transparent and non-discriminatory. They must also provide that the commission is competent in the event of an industrial closed network user challenge of the tariffs applied on that network. Any decision of the Commission on this matter may be appealed to the Brussels Court of Appeal pursuant to Article 15/20.
The conclusion of these contracts is conditioned by the installation of the industrial closed network user on the industrial closed network;
(d) any industrial closed network manager shall deliver to users of the industrial closed network that it manages:
1° a detailed and clear billing based on their own consumption or injections and on the tariff principles and/or rates referred to in this section;
2° a fair distribution, on their invoices, of incremental costs applied on natural gas transport invoices, in accordance with the principles of each additional cost;
3° the communication of the relevant data of their consumption and/or injections as well as information allowing effective access to the network;
(e) any industrial closed network manager shall preserve the confidentiality of commercially sensitive information of users of his or her network, which he or she is aware in the course of his or her activities, except for any legal obligation to disclose information;
(f) any industrial closed network manager shall demonstrate the technical compliance of its industrial closed network, including the natural gas reception station of that network, with the relevant provisions for that network of the code of conduct;
(g) any industrial closed network manager operates and maintains its network by ensuring, given the characteristics of the industrial closed network, its safety, reliability and efficiency, in acceptable economic conditions, respect for the environment and energy efficiency.
§ 3. By derogation from the provisions of this Act, including sections 15/5 to 15/5quinquies, any industrial closed network manager and any closed distribution network manager, provided that the applicable regional provisions implement a closed distribution network regime, applies, for connection, access and auxiliary services applicable to this network, tariff principles and/or tariffs that comply with the following guidelines:
1° tariff principles and/or tariffs are non-discriminatory, cost-based and a reasonable profit margin;
2° tariff principles and/or tariffs are transparent and developed according to their parameters and communicated in advance by the industrial closed network manager or the closed distribution network to network users and competent regulators;
3° the rate applied by the manager of the industrial closed network or distribution to users of this network includes access, connection, and auxiliary services as well as, where applicable, the costs associated with overloads that the industrial closed network or distribution must support to use the network to which it is connected. The industrial closed network manager is considered to be users of the network other than distribution network managers for the application of the rates used by the natural gas network manager to the industrial closed network manager;
4° the depreciation periods and the profit margins are chosen by the manager of the industrial closed network or distribution in the beaches between the values it applies in its main sector of activities and those applied in the distribution networks;
5° the tariff principles for the connection, strengthening and renewal of equipment of the industrial closed network or distribution depend on the degree of socialization or individualization of the site-specific investments, taking into account the number of users of the industrial closed network or distribution.
§ 4. Cases of joint closed networks, which involve both federal and regional expertise, are being discussed with the Regions. "
Art. 81. to Article 15/10, § 2, of the same law, inserted by the law of 29 April 1999 and last amended by the law of 1^er June 2005, a paragraph is inserted between paragraphs 5 and 6, which read:
"On the proposal of the commission, the King may amend, replace or delete the rules set out in the Royal Decree of January 21, 2004 determining the terms of compensation for the net real cost arising from the application of the social maxima prices on the natural gas market and the rules of intervention for their care, as confirmed by the Program Law of December 27, 2004. "
Art. 82. In chapter IVquater of the Act, an article 15/10bis is inserted as follows:
"Art. 15/10bis. § 1^er. In order to be able to perform the control provided for in § 3, the commission shall establish for each supplier, for any variable type contract and any new type contract, and in consultation with them, within two months of the publication of the law of ... amending the law of April 29, 1999 concerning the organization of the electricity market and the law of April 12, 1965 on the transport of gaseous products and other by channelisations, a database of data to record To this end, the commission may request additional information within the framework of its mission. "
“§2. The variable energy price for natural gas supply to residential and SME end customers can be indexed to a maximum of four times a year, each time the 1^er quarter day.
Within three working days following an indexation, suppliers publish for contracts at variable energy prices, the indexing formulas for the supply of natural gas to residential end customers and P.M.E. on their website, as well as any changes to these formulas.
§ 3. Within five days of each indexing, which occurs after the recording of variable energy prices in accordance with § 1^er, each supplier provides the commission with an overview of how it was adapted on the basis of the indexing formula used by the supplier. The commission shall verify whether the indexing formula used by the supplier has been applied correctly and whether it is consistent with the data as transmitted under § 1^er.
§ 4. The Commission notes, after the opinion of the National Bank of Belgium, whether the indexing formula referred to in § 1^er, the energy component for the supply of natural gas at variable energy prices to residential end customers and P.M.E. has been correctly applied.
The commission makes its own initiative a finding if a supplier does not declare the data referred to in § 2 within the above-mentioned deadlines, after it has been established to comply with its duty of declaration under § 3.
The Commission shall, by recommendation with acknowledgement of receipt, transmit its finding to the supplier within five working days of its declaration referred to in § 3 or after the date on which it intervened on its own initiative in accordance with paragraph 2. The supplier has the right to challenge the Panel's finding within five working days of receipt of the finding. The contestations are submitted to a neutral member and accepted by the two parts of the Belgian Institute of Revisors of Enterprises, which carries out within thirty days and at the expense of the succumbing party a binding finding whether the indexing formula of the energy component for the supply of electricity at variable energy prices to residential customers and P.M.E. has been correctly applied.
Where the finding referred to in paragraph 1^er is final, the commission can retain the supplier to credit the customers concerned for the part of the energy component billed in excess. If the supplier fails to do so within three months of the stay, the Panel may impose an administrative fine, by derogation from section 20/2. The fine cannot exceed 150,000 euros.
§ 5. The supplier shall notify the commission, by registered with acknowledgement of receipt, of any increase in the variable energy price applicable to residential end customers and P.M.E., which does not result from a decision of the competent authority, the regulator, the natural gas transmission network manager, the natural gas storage facility manager, LNG installation, distribution network managers or that does not arise from the application of § 2 to 4.
The notification to the commission is accompanied by a reason for the price increase referred to in paragraph 1^er.
The coming into force of the increase referred to in paragraph 1^er shall be suspended for the duration of the procedure provided for in this paragraph.
The Commission, after the opinion of the National Bank of Belgium, considers whether the motivation of the increase is justified at the one of the objective parameters, including on the basis of a permanent comparison of the energy component for the supply of electricity and gas to residential end customers and to P.M.E. with the average of the energy component in the area of North-West Europe.
on the initiative of the commission, after the advice of the National Bank of Belgium, a decision shall be taken by the commission in the absence of notification by a supplier within the aforementioned time limits, after having, by recommendation with acknowledgement of receipt, to comply with its duty of notification under paragraph 1^er.
The Commission, after notice from the National Bank of Belgium, shall communicate its decision to the supplier within five business days of its declaration referred to in paragraph 1^er or on the date on which it intervened on its own initiative pursuant to paragraph 5.
If the upward adaptation of the energy component is not warranted, the supplier enters into negotiations with the commission to conclude an agreement on the variable price of the energy component for the supply to residential end customers and to MEPs. The commission works with the National Bank of Belgium.
In the event of failure of negotiations within twenty days of receipt by the commission of the above notification, the commission may reject, after notice of the National Bank of Belgium, all or part of the expected increase. The Commission shall motivate and transmit its decision to the supplier, by recommended with acknowledgement of receipt and without prejudice to the recourse of suppliers in accordance with Article 15/20.
Suppliers publish the approved increase in their energy component for the provision of electricity to residential end customers and SMEs on their website following this procedure within five working days of the Commission's decision.
In the event that the supplier fails to comply with its obligations under this paragraph within two months of the communication of its decision to the supplier concerned, the Commission may retain the supplier to comply with its obligations. If the supplier fails to do so within three months of the stay, the Panel may impose an administrative fine, by derogation from section 20/2. This fine cannot exceed 150,000 euros.
For the implementation of this paragraph, the Commission shall communicate to the National Bank of Belgium all the information and documents available to it pursuant to Article 15/16. The Commission and the National Bank of Belgium respect the strict confidentiality of commercially sensitive data and/or personal data.
§ 6. Administrative fines are injected into the Federal Contribution Reduction Fund established by Article 20bis, § 6, of the Act of 29 April 1999 on the organization of the electricity market.
§ 7. The mechanism established by this article is monitored and reported annually by the Commission and the National Bank of Belgium to identify the risks of disruptive effects on the market.
Until 31 December 2014, in the presence of significant disruptive effects on the market, the King may, by order deliberately in the Council of Ministers on the proposal of the Minister, at any time decide to terminate the mechanism of this Article on the basis of the monitoring and annual report referred to in paragraph 1^er.
No later than six months before December 31, 2014, the Commission and the National Bank of Belgium shall conduct an assessment report on the mechanism established by this article. On the basis of this report, the King may, by order deliberately in the Council of Ministers on the proposal of the Minister, extend it for a new period of three years, if necessary renewable according to an identical procedure, if he finds that the conditions of transparency and competition are still not met and that consumer protection is still not guaranteed. Based on the monitoring and annual report of the Commission and the National Bank referred to in paragraph 1^er, the King may, by order deliberately in the Council of Ministers on the proposal of the Minister, at any time, decide to terminate the mechanism of this article in the presence of significant disruptive effects on the market. "
Art. 83. In chapter IVquater of the Act, an article 15/10ter is inserted, as follows:
"Art. 15/10ter. For the purposes of the fine referred to in Article 15/10bis, §§ 4 and 5, the Panel shall communicate to the supplier concerned its grievances. The supplier may make representations within fifteen days of the date of shipment. The Commission then convenes a hearing in which the supplier may comment. The Panel makes its final decision within five days of the hearing. "
Art. 84. In section 15/11 of the Act, inserted by the Act of 29 April 1999 and last amended by the Act of 11 June 2011, the following amendments are made:
1° § 1^er, 1°, is supplemented by the words ", as well as any other public service obligations for their activities on the transport network, the natural gas storage facility or the installation of LNG in the field of security of supply and protection of the environment, including energy efficiency, energy generated from renewable energy sources and the protection of the climate, which take into account the criteria and obligations in the field of security of the EU »;
2° § 1^er, 2°, is supplemented by the words "and the protection of the environment, including energy efficiency, energy generated from renewable energy sources and the protection of the climate that take into account the criteria and obligations relating to supply security arising from the application of the measures taken under Regulation (EU) No. 994/2010 for their activities on the transport network, the installation of natural gas storage or the installation of natural gas »;
3° to § 1^er4, paragraph 4, is repealed;
4° to § 1^erParagraph 5, is repealed. "
Art. 85. Section 15/12 of the Act, inserted by the Act of 29 April 1999 and last amended by the Act of 1^er June 2005, the following amendments are made:
1° it is inserted a § 1^erbis, as follows:
« § 1^erbis. Companies referred to in § 1^er maintain separate accounts in their internal accounts for activities related to their public service obligations. »;
2° it is inserted a § 3bis written as follows:
§ 3bis. The Commission preserves the confidentiality of commercially sensitive information and/or personal data, except any legal obligations to disclose this information. "
Art. 86. In section 15/13 of the Act, inserted by the Act of 29 April 1999 and replaced by the Act of 6 May 2009, the following amendments are made:
1° to § 1^erParagraph 1^er is supplemented by the words "and in consultation with the commission";
2° to § 1^er, paragraph 2, the words ", the commission" are repealed;
3° to § 1^erParagraph 2 is supplemented by the following sentence:
"The Directorate General of Energy can consult with representative actors in the gas market. »;
4° to § 1^erParagraph 4 is supplemented by the following sentence:
"If applicable, the prospective study is updated every two years. »;
5° § 1^er is supplemented by a paragraph, which reads as follows:
"The Directorate General of Energy prepares annually in collaboration with the Federal Office of the Plan and in consultation with the Commission a supplementary report on the monitoring of supply security in which the results of the follow-up to these issues are presented and any action taken or envisaged in this regard. This report is issued by 31 July and is communicated to the European Commission. »;
6° § 2 is supplemented by the 6° and 7° written as follows:
"6° the necessary investments pursuant to the risk assessment as well as the preventive action plan and the emergency plan established by the Federal Authority for the Safety of Gas Supply pursuant to § 5;
7° of the recommendations based on the findings made under § 2, 1° to 6°, which managers must take into account in drawing up their investment plans referred to in Article 15/1, § 5. »;
7° the article is supplemented by § 5 and 6, as follows:
“§ 5. The Minister communicates the forward-looking study to the Federal Legislative Chambers and regional governments 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 the Directorate General of Energy.
Pursuant to Regulation (EU) No. 994/2010, the Federal Authority for the Safety of Gas Supply is responsible, inter alia, for ensuring the safety of the supply when the manager of the natural gas transport network finds that market mechanisms are not sufficient to guarantee the supply of gas. This liability includes, among other things, the imposition of relief measures, compensation for interruptions in gas supply and the taking of measures to organize partial or total disruptions of consumption.
The commission assists the Federal Authority for the Safety of Gas Supply in the execution of its powers as competent authority. The Commission may propose measures in favour of the Federal Authority that may be taken in the event of an emergency in the gas market. It can also prepare the necessary measures for the implementation of relief measures and analyze and evaluate these measures, and may, at the request of the Directorate General of Energy, propose elements that can be used as a basis for a preventive action plan and an emergency plan.
The Federal Authority for the Safety of Gas Supply is responsible for the following tasks:
(a) 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 with, inter alia, Articles 4, 5, 9 and 10 of Regulation (EU) No 994/2010;
(c) the regular monitoring of the security of gas supply at the national level, in accordance with Article 3 of Regulation (EU) No 994/2010.
The Federal Authority for the Safety of Gas Supply may consult, as part of the risk assessment, as well as the establishment of a preventive action plan and an emergency plan, any representative actor of the gas market, and shall work in consultation with the commission and in accordance with the competences of each.
The risk assessment, the preventive action plan and the emergency plan referred to above are decided by the Minister on the proposal of the Federal Authority for the Safety of Gas Supply and are published in the Belgian Monitor.
Where applicable, the King may specify the procedure for the operation of the authority referred to in this paragraph. "
Art. 87. to section 15/14 of the Act, inserted by the Act of 29 April 1999 and last amended by the Act of 6 May 2009, the following amendments are made:
1° § 1^er is supplemented by a new paragraph, as follows:
"The commission shall take all reasonable measures to achieve the following objectives in its missions listed in § 2, in close consultation, if any, with other relevant federal authorities, including the Conseil de la concurrence, and without prejudice to their competence:
1° to promote, in close collaboration with the CAB, the European Commission, the regulatory authorities of the Regions and other EU Member States, an internal market of competitive, safe and sustainable natural gas for the environment within the European Community, and an effective market opening for all customers and suppliers of the European Community, and to guarantee appropriate conditions to ensure that gas networks function effectively and reliably, taking into account long-term objectives;
2° to develop markets between the regions of the European Community defined by Article 12, § 3 of Regulation (EC) No 715/2009 competitive and functioning correctly within the European Community, with a view to achieving the objectives referred to in point 1°;
3° to remove barriers to trade in natural gas between EU Member States, including by setting up sufficient cross-border transport capacities to meet demand and strengthen the integration of markets of the various EU Member States, which should allow natural gas to better circulate throughout the European Community;
4° contribute to ensuring, in the most cost-effective manner, the establishment of non-discriminatory networks that are safe, reliable, efficient and end-customer-oriented, and promote the adequacy of networks and, in accordance with the general objectives of energy policy, energy efficiency and the integration of gas production, large or small-scale, from renewable sources of energy;
5° to facilitate access to the network of new production capacities, including by removing obstacles that could prevent the arrival of new entrants to the market and the integration of gas production from renewable energy sources;
6° ensure that the natural gas network manager and network users receive sufficient incentives, both in the short term and in the long term, to improve network performance and promote market integration;
7° ensure that end customers benefit from efficient market operation and promote effective competition as well as contribute to ensuring the protection of end customers;
8° contribute to ensuring high quality public and universal service in the natural gas sector, and contribute to the protection of vulnerable customers and the compatibility of the necessary data exchange mechanisms to enable end customers connected to the transport network to change suppliers. »;
2° to § 2, paragraph 2, the 2° is supplemented by the following sentence:
"The Commission ensures in this context the confidentiality of commercially sensitive and/or personal data and therefore refrains from publishing them; »;
3° to § 2, paragraph 2, point 5° is restored in the following wording:
"5° controls the compliance by managers of the natural gas transport network, LNG installation and natural gas storage facility, as well as natural gas companies with their obligations under this Act and its enforcement orders, as well as other legislative and regulatory provisions applicable to the natural gas market, in particular with respect to cross-border issues and substances covered by the Regulations (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° in § 2, paragraph 2, 8° bis, the words "and distribution companies supplying end customers who do not have the quality of eligible customers" are repealed;
6° to § 2, paragraph 2, 9°, the words "between 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 competencies referred to in sections 15/5 to 15/5quinquies and controls the application of tariffs by transport companies with respect to their respective networks; »;
8° to § 2, paragraph 2, 10°, the words "customer categories" are 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 the investment plans of the natural gas transport network manager and analyzes the coherence of this plan with the network development plan throughout the European Community referred to in Article 8, § 3, b), Regulation (EC) No 715/2009. Where applicable, this analysis may include recommendations to amend the investment plan prepared by the natural gas transport network manager. The Commission shall take into account, in the exercise of this monitoring and analysis, the prospective study established under section 15/13;
15° controls the application of the code of conduct and assesses the performance of the rules of this code relating to the safety and reliability of the natural gas transport network;
16° monitors the degree of transparency, including wholesale prices, and ensures compliance with transparency obligations by natural gas companies;
17° monitors the level and effectiveness achieved in terms of market opening and competition for wholesale and retail markets, including for natural gas exchanges, and monitors possible distortions or competition restrictions, by communicating all relevant information and by transferring the cases that warrant it to the Conseil de la concurrence;
18° monitors the occurrence of restrictive contractual practices, including exclusivity clauses, which may prevent non-residential customers connected to the natural gas transport network from contracting simultaneously with more than one supplier or which could limit their choice in this matter and, if necessary, informs the Conseil de la concurrence of these practices;
19° monitors the time taken by the natural gas transport network manager to perform connections and repairs;
20° monitors and assesses conditions for access to natural gas storage facilities, natural gas storage in pipelines and other auxiliary services;
21° helps to ensure, in collaboration with all other competent authorities, the effectiveness and implementation of final customer protection measures;
22° publishes, at least once a year, recommendations on the conformity of supply prices with the public service obligations set out in this Act and its enforcement orders and forwards them, if any, to the Conseil de la concurrence;
23° ensures access to consumer data from end customers connected to the natural gas transport network and the availability, for optional use, of an easily understandable method of harmonized presentation of consumer data and the rapid access of all final customers connected to the natural gas transport network to these data so that they can have their consumption data free of charge and give access to their consumption statements, by agreement
24° monitors the implementation of the rules relating to the functions and responsibilities of the natural gas network manager, suppliers, end customers and other market actors in accordance with Regulation (EC) No. 715/2009;
25° monitors the implementation of the safeguard measures provided for in Article 23 and the Code of Good Conduct, in collaboration with the Federal Authority for the Safety of Gas Supply;
26° certifies managers of the network of natural gas transport, natural gas storage and LNG installation, in accordance with the provisions of Article 8, § 4bis, 4ter and 4quater, and Article 8ter. The commission ensures the permanent monitoring of the independence of managers in relation to companies active directly or indirectly in the production and/or supply of natural gas and/or electricity and, where applicable, initiates the certification procedure. The commission may require managers and companies active in the production and supply of natural gas all information relevant to its tasks in these certification procedures The commission ensures that the confidentiality of commercially sensitive and/or personal information is maintained;
27° contributes to the compatibility of data exchange mechanisms for major regional market transactions, as provided for in Article 12, § 3, Regulation (EC) No 715/2009;
28° sets guidelines for the exchange of data and regulations, the ownership of data and responsibilities for surveys;
29° approves, on the proposal of the natural gas transport network manager, the methods used to establish access to cross-border infrastructure, including capacity allocation and congestion management procedures. These methods are transparent and non-discriminatory. The Commission publishes approved methods on its website;
30° monitors, in consultation with the Directorate General of Energy, the management of the congestion of the natural gas transport network, including interconnections, and the implementation of the rules of management of congestion, in accordance with Article 15/1, § 3, 7°;
31° ensures that, where appropriate and in the event of a refusal of access, the natural gas transport network manager shall provide relevant information on the measures necessary to strengthen the network;
32° at the request of the user of an industrial closed network, checks and approves the rates applied in the industrial closed network or the methodology for calculating these rates on the basis of the criteria set out in 15/9bis;
33° provided that the applicable regional provisions implement a closed distribution network regime, verifies and approves at the request of the user of a closed distribution network connected to a distribution network the rates or methodology for calculating the rates applied on this closed distribution network. »;
10° § 4 is supplemented by two paragraphs, which read as follows:
"The Commission fully motivates and justifies its decisions in order to allow judicial review.
The terms and conditions applicable to these reasons and justifications are specified in the rules of procedure of the steering committee, in particular with regard to the following principles:
- motivation takes over all the elements on which the decision is based;
- natural gas companies may, prior to making a decision concerning them, make their comments;
- follow-up to these comments is justified in the final decision;
- acts of individual or collective scope adopted in the execution of his or her missions and any preparatory act, report of experts, commentary of the parties consulted thereon are published on the Commission's website, in accordance with the confidentiality of commercially sensitive information and/or personal data. »;
11° it is inserted a § 2bis, written as follows:
“§ 2bis. As part of the exercise of its competence, the Commission respects the contractual freedom in respect of switchable supply contracts and long-term contracts, as long as they are consistent with community law and consistent with community policies. »;
12° § 3 is replaced by the following:
“§3. The Commission prepares an annual report each year that it transmits before 1^er May of the year following the fiscal year in the House of Representatives.
The annual report of the Commission covers:
1° the execution of his missions;
2° the state of its operating costs and coverage, including an active/passive situation and the report of the company reviewer;
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° an analysis of the investment plan by the manager of the natural gas transport network, from the point of view of its consistency with the network development plan throughout the European Community referred to in Article 8, § 3, (b), Regulation (EC) No. 715/2009 and, where applicable, recommendations to amend the investment plan established by the manager of the natural gas transport network. The Commission shall take into account in this analysis of the forward-looking study under section 15/13;
6° copy of any decisions made during the relevant fiscal year in respect of the methodology for calculating the rates pursuant to section 15/5bis to 15/5quinquies.
This report is published on the Commission's website. A copy is also sent to the Minister for information. »;
13° it is inserted a § 3bis written as follows:
§ 3bis. The commission also gives the CAB and the European Commission, before 1^er May of the year following the fiscal year concerned, an annual report on its activities and the execution of its missions. This report includes measures taken and results obtained for each of the missions listed in § 2. This report also includes an analysis of the investment plan prepared by the manager of the natural gas transport network, from the point of view of its consistency with the network development plan throughout the European Community referred to in Article 8, § 3, (b), Regulation (EC) No. 715/2009, as well as, where applicable, recommendations to amend the investment plan prepared by the manager of the natural gas transport network. The Commission shall take into account, as part of this analysis, the forward-looking study established under section 15/13. »;
14° a § 5 is inserted as follows:
“§ 5. The commission ensures that its staff and management personnel:
(a) act independently of any commercial interest;
(b) do not seek or accept direct instructions from any government or other public or private entity in the execution of their missions under § 2. This requirement is without prejudice to close consultation, if any, with all other competent authorities, as well as general guidance issued by the government. "
Art. 88. In chapter IVsexies of the Act, an article 15/14quater is inserted as follows:
"Art. 15/14quater. § 1^er. The Commission cooperates on cross-border issues with the regulatory authorities of the Member States of the European Union concerned and with the CAB.
The Commission shall consult and cooperate closely with the regulatory authorities of the other Member States of the European Union, exchange with them and communicate to the CAB any information necessary to carry out its tasks under this Act. With respect to the information exchanged, the receiving authority shall ensure the same level of confidentiality as that required by the authority providing it.
The Commission shall cooperate at least at the regional level, as referred to in Article 12, § 3 of Regulation (EC) No 715/2009, to:
(a) promote the establishment of practical modalities to enable the optimal management of the network, promote the exchange of natural gas and the allocation of cross-border capacities and to allow an adequate level of interconnection capacity, including through new interconnections, within the region and between regions, as referred to in Article 12, § 3 of the Regulation (EC) No. 715/2009, so that the provision of security may be strengthened
(b) To coordinate the development of all network codes for natural gas network managers and other relevant market actors; and
(c) coordinating the development of congestion management rules.
The Commission is authorized to enter into cooperation agreements with the regulatory authorities of the other EU Member States in order to promote regulatory cooperation.
The actions referred to in paragraph 3 shall be carried out, where appropriate, in close consultation with the other relevant federal authorities and without prejudice to the competence of the latter.
§ 2. The Commission complies and implements the legally binding decisions of the CAB and the European Commission.
The Commission may seek the opinion of the CAB on the conformity of a decision taken by a regional regulatory authority or another member State of the European Union with the guidance taken by the European Commission pursuant to Directive 2009/73/EC or referred to in Regulation (EC) No. 715/2009.
The Commission may also inform the European Commission of any decisions applicable to cross-border trade by a regional regulatory authority or another member State of the European Union that it considers to be contrary to the guidelines referred to in the preceding paragraph, within two months from the said decision.
When the European Commission requests the Commission to withdraw one of its decisions, the Commission shall withdraw within two months and inform the European Commission accordingly.
§ 3. The commission cooperates with regional regulatory authorities.
Representation and contacts at the community level within the CAB are provided by a representative of the commission who acts in formal consultation with the regional regulatory authorities. "
Art. 89. In section 15/16 of the Act, inserted by the Act of 29 April 1999 and last amended by the Act of 8 June 2008, the following amendments are made:
1° § 1^er is replaced by the following:
« § 1^er. In carrying out the assignments assigned to it, the commission may require natural gas companies involved in the Belgian market, any related or associated company as well as any company managing or operating a multilateral trading platform on which energy blocks or financial instruments related to energy blocks are negotiated, maintaining a direct link with the Belgian natural gas market or having a direct impact on it, to give it all the information required to do so, The commission may access the accounting of natural gas companies, including the separate accounts referred to in Article 15/12, § 2, to the extent that such access is necessary for the exercise of the duties referred to in Article 15/14, § 2. »;
2° § 1^erbis is supplemented by a paragraph that reads as follows:
“The information collected by the commission under this paragraph may only be used for the purposes of the reports, notices and recommendations referred to in articles 15/14bis and 15/14ter. The King may, by royal decree deliberated in the Council of Ministers, extend this article to binding decisions that may be covered by articles 15/14bis and 15/14ter. "
Art. 90. Section 15/17 of the Act, inserted by the Act of 29 April 1999 and last amended by the Act of 1^er June 2005, is repealed.
Art. 91. Section 15/18 of the Act, inserted by the Act of 29 April 1999 and last amended by the Act of 6 May 2009, is replaced by the following:
"Art. 15/18. The Board of Disputes, created by section 29 of the Act of April 29, 1999 on the organization of the electricity market, shall decide at the request of one of the parties on disputes between users of the network and the manager of the natural gas transport network, the natural gas storage facility manager, the LNG installation manager, distribution network managers or the manager of an industrial closed network, which are imposed on the management obligations
In the context of disputes relating to access to upstream facilities, the Disputes Chamber shall take into account the objectives and criteria set out in section 15/9, paragraph 2, as well as the parties that may be involved in the negotiation of access to the network. In case of cross-border disputes, the Disputes Chamber is only competent in the case that the upstream settlement falls within its jurisdiction. If the facility is owned by several Member States, the Disputes Chamber shall consult with the dispute settlement authorities implemented by the Member States concerned in order to ensure a coherent settlement. "
Art. 92. In chapter IVsexies of the Act, an article 15/18bis is inserted as follows:
"Art. 15/18bis. Any interested party who has been injured pursuant to a decision taken by the Commission may, no later than fifteen days after the publication or notification of that decision, file a complaint in review with the Commission.
This complaint has no suspensive effect and does not exclude the introduction of an appeal or constitutes a necessary prerequisite for the introduction of an appeal to the Brussels Court of Appeal pursuant to Article 15/20.
The re-investigation complaint shall be sent by registered letter or by filing with acknowledgement of receipt at the office of the commission. It contains a copy of the criticized decision and the reasons for a review.
The Commission makes its decision on the complaint within two months of the filing of the complaint under review. "
Art. 93. Article 15/20, § 1^erof the same Act, which was inserted by the Act of 27 July 2005 and last amended by the Act of 16 March 2007, the following amendments are made:
1° to paragraph 1^er, the introductory sentence is replaced by the following:
"An appeal to the Brussels Court of Appeal, sitting as a reference, is open to any person justifying an interest against all decisions of the Commission, including those listed below:"
2° to paragraph 1^er5°, the words "subject to section 15/5 to 15/5decies and their enforcement orders" are repealed;
3° to paragraph 1^er, point 6°, the words "related to the approval of tariffs referred to in sections 15/5 to 15/5decies and their enforcement orders" are repealed.
Art. 94. In section 15/21 of the Act, inserted by the Act of 29 July 2005 and amended by the Act of 20 July 2006, the following amendments are made:
1° § 1^erParagraph 1^er is supplemented by the following:
" Similarly, any person with an interest may apply to the Brussels Court of Appeal and request the suspension of the execution of any decisions of the commission made under sections 15/5 to 15/5quinquies by which the commission would violate the law. No suspension action can be introduced without the introduction of an action to the fund. »;
2° § 3 is replaced by the following:
"In the three working days following the filing of the request, the request shall be notified by judicial fold by the court of appeal to all parties called to the case by the applicant. The Court of Appeal's Registry requests the Board's Board of Directors to file the administrative file relating to the act under attack at the Registry, with the request. The filing of the administrative record shall be made no later than the day of the introductory hearing, but the time limit between the receipt of the request by the board and the opening hearing may be less than ten days. In the event of an extreme emergency, the Court of Appeal may shorten the time limit for the introduction of the administrative file, but this period may not be less than five days after the request is received. The administrative file may be consulted by the parties at the Court of Appeal Registry from the time of filing and until the hearings are closed. "
Art. 95. Section 15/23 of the Act, inserted by the Act of 20 July 2005, is repealed.
Art. 96. in Article 15/24 of the same Act, inserted by the Act of 20 July 2005, the words "without a decision of the bodies of the Commission that have made the decision" are replaced by the words "while preserving the confidentiality of commercially sensitive information and/or personal data".
Art. 97. in Article 18, § 3, paragraph 2, of the same law, replaced by the law programme of 22 December 2008, the words "Article 15/14, § 2, 3°, 3° bis, 12° and 13°, Article 15/14bis, Article 15/14ter and Article 15/16, § 1^er, with regard to the execution of the commission's missions referred to in articles 15/14, § 2, 3°, 3° bis, 12° and 13°, 15/14bis and 15/14ter, and Article 15/16, § 1^erbis are replaced by the words "Article 15/14, § 2, 3°, 3° bis, 12° and 13°, 16° to 18°, 20°, 23° and 25°, Article 15/14bis, Article 15/14ter and Article 15/16, § 1^erwith regard to the execution of the commission's tasks referred to in Article 15/14, § 2, 3°, 3° bis, 12° and 13°, 16° to 18°, 23° and 25°, to Article 15/14bis, Article 15/14ter and Article 15/16, § 1^erbis".
Art. 98. in Article 19 of the Act, amended by the Act of 29 April 1999, the words "100 francs to 100,000 francs" are replaced by the words "2.48 euros to 2.478.94 euros".
Art. 99. In chapter VI of the Act, a section 19bis is inserted as follows:
"Natural gas companies communicate to the Directorate General of Energy, under penalty of up to 1% of the annual turnover of the activity concerned in Belgium, all the information it needs for the exercise of its duties under this Act. "
Art. 100. in Article 20 of the same law, the words "100 francs to 100 000 francs" are replaced by the words "2.48 euros to 2 .478.94 euros".
Art. 101. In section 20/1 of the Act, inserted by the Act of 29 April 1999 and amended by the Act of 16 March 2007, the following amendments are made:
1° to § 1^erthe words “50 to twenty thousand francs” are replaced by the words “1.24 to 495.79 euros”;
2° in § 2, the words "20 thousand francs" are replaced by the words "495.79 euros".
Art. 102. In chapter VI of the Act, an article 20/1bis is inserted as follows:
"Art. 20/1bis. Any breach of the confidentiality rules set out in this Act and its enforcement orders shall be punished by the penalties provided for in Article 458 of the Criminal Code. The provisions of Book I^er the Criminal Code is applicable, including Chapter VII and Article 85. "
Art. 103. to section 20/2 of the Act, inserted by the Act of 29 April 1999 and amended by the Act of 16 July 2001, the following amendments are made:
1° the words "of this Act or its Orders of Execution" are replaced by the words "of this Act, its Implementing Orders, Subsequent Tariff Laws or the contribution referred to in section 15/11, or any other provisions of which it monitors the application under section 15/14, paragraph 2, 5°,";
2° the words "less than fifty thousand francs or more than four million francs, nor in total, greater than eighty million francs" are replaced by the words "less than 1.240 euros or greater than 100,000 euros, nor in total, more than 2 million euros";
3° the article is supplemented by a paragraph written as follows:
"The administrative fines imposed by the commission to the natural gas transport network manager, the storage facility manager, the LNG installation manager and distribution network managers are not recovered in their costs but are deducted from their fair profit margins. Natural gas companies cannot further refurbish their customers the amount of administrative fines imposed on them by the commission. "
Art. 104. In section 23, of the same law inserted by the law of 29 April 1999, the following amendments are made:
1° the words "and in consultation with the natural gas transmission network manager, the storage installation manager and the LNG installation manager" are added between the words "after notice of the commission" and the words ", take the backup measures";
2° the article is supplemented by two paragraphs written as follows:
"These measures must cause the least possible disruption in the functioning of the European domestic market and should not exceed the strictly necessary scope to remedy the sudden difficulties that have been manifested.
The Minister shall immediately notify the other Member States of the European Union and the European Commission. "
CHAPTER 4. - Client billing
Art. 105. § 1^er. Providers ensure that all counting, closing and deposit invoices to end customers due to the supply of electricity or gas contain at least the following information:
- the name and address of the energy supplier;
- the e-mail address, name, telephone number and fax number of the energy provider's customer service;
- the address, telephone and fax number of the energy mediation service;
- the address to be used for all mail exchanges; it may be an e-mail address;
- the period covered by the invoice;
- amounts charged;
- the EAN number;
- the rate of T.V.A. and the amount of T.V.A.;
- the product or service under the contract;
-- the duration, the notice period and, where applicable, the minimum duration and the start date, the end date and the possibility of tacit renewal;
- in the case of an indeterminate contract, reference shall be made to the notice period, as well as to the possible minimum duration of the contract, with the date of commencement;
- links to web pages offering an independent or official price comparison (such as Vreg's V-Test) of the various energy suppliers.
§ 2. In addition, all debit or closing invoices to end customers include:
- the number of units consumed;
- the price(s) at the unit;
- details of the amount to be paid;
- the tariff applicable to the carriage;
- the tariff applicable to the distribution;
- if applicable, the date of termination of the initial contract period;
- levies collected by all public authorities by globalizing them according to categories;
- the evolution of consumption of the previous three years, both as a unit of energy per unit price and as a total price;
- the nature of the primary energy sources used for the electricity supplied: renewable, cogeneration, fossil fuels, nuclear or unknown. The latter may be limited to 5 per cent of the nature indicated;
- existing sources of reference, such as web pages, where information on the environmental impact resulting from the production of electricity from all sources of energy used by the supplier over the past year is available to the public.
§ 3. The provisions contained in the sectoral agreement "consumer in the liberalized energy market" are supplemented within six months of the publication of this Act to the Belgian Monitor, in order to address, inter alia, the following:
(a) the mention on any bill to regulate the evolution of consumption for the last period between two regulations;
(b) the introduction of the faculty for the client to exclude the annual bill for the regulation of any bank domicile;
(c) the prohibition of a double advance break allowance in the event of a joint contract for the supply of gas and electricity. The rupture allowance is capped at 50 euros;
(d) the registration on the invoice of any changes to the terms of the contract that may result in termination without notice.
If the amendments to the agreement are not adopted at the end of the time limit set out in paragraph 1^er, the King sets out, by royal decree deliberated in the Council of Ministers, the obligations of electricity and gas suppliers in the protection of energy consumers.
§ 4. Apart from the cases where the law imposes on suppliers the contrary obligations, non-compliance by a supplier of the sectoral agreement or the royal decree referred to in § 3 is considered to be an act contrary to loyal practices within the meaning of chapter IV section 2 of the Act of 6 April 2010 on market practices and consumer protection. These offences are sought, found and prosecuted in accordance with the rules laid down in market practices and consumer protection legislation. The rules set out in this legislation on warning procedures, transaction and termination action are also applicable. "
CHAPTER 5. - Final and transitional provisions
Art. 106. Sections 161, 164 and 165 of the Act of 6 May 2009 on various provisions and section 20, 1°, of the Act of 1^er June 2005 amending the Act of 29 April 1999 on the organization of the electricity market came into force. pending the adoption of the royal decrees referred to in Articles 4, § 3, and 17, § 2, of the Act of 29 April 1999 on the organization of the electricity market, as amended respectively by Articles 161 and 164 of the Act of 6 May 2009 on various provisions, the Directorate General of Energy initiates the application files and the Commission of Regulation of Electricity and of the Basic Gas
Art. 107. The King sets out by order the terms and conditions for the allocation of the balance of the lump-sum reduction fund for natural gas heating and electricity, abolished in accordance with sections 32 and 33, as well as the balance of the fund to finance the compensation of the loss of income of the municipalities resulting from the liberalization of the electricity market, deleted in accordance with section 35.
Art. 108. Without prejudice to the provisions of paragraph 2, Article 20bis, §§ 2 to 7, of the Act of 29 April 1999 on the organization of the electricity market, as set out in Article 29 of this Law, and Article 84 come into force on the first day of the quarter following that of the publication of this Law in the Belgian Monitor.
If the period between the date of publication of this Act and the first day of the following quarter is less than one month, section 20bis, § 2 to 7, of the Act of 29 April 1999 on the organization of the electricity market, as set out in section 29 of this Act, and section 84, referred to in paragraph 1^er, come into force on the first day of the second quarter following that of the publication of this Act to the Belgian Monitor.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 8 January 2012.
ALBERT
By the King:
Deputy Prime Minister
and Minister of the Interior,
Ms. J. MILQUET
The Secretary of State for the Environment,
Energy and Mobility,
Mr. 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 commissions, 53-1725/009. - Text adopted in plenary and transmitted to the Senate, 53-1725/010.
Full report. - 15/12/2011.
Senate.
Documents. - 5-1405 - 2011/2012.
Project referred to 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.

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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8 JANVIER 2012. - An Act to amend the Act of April 29, 1999 on the organization of the electricity market and the Act of April 12, 1965 on the carriage of gaseous and other products by pipelines (1)

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