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Law On The Requirement Of Incorporation Of Biofuels In Fossil Fuels Released For Consumption

Original Language Title: Loi relative à l'obligation d'incorporation de biocarburant dans les carburants fossilés mis à la consommation

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belgiquelex.be - Carrefour Bank of Legislation

22 JULY 2009. - Act respecting the obligation to incorporate biofuel in fossil fuels consumed



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - General provisions
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. For the purposes of this Act:
1° "registered oil company": any natural or legal person who, on its own behalf, on behalf of others or for its own product needs, buys, imports or enters, spells, refines, holds in storage, transforms, uses, distributes, offers for sale, sells, books or transports gasoline and/or diesel products and that puts these products to consumption;
2° "gasoline products": unleaded gasoline under NC 2710 11 49 with low sulphur and aromatic content and under NC codes, 2710 11 41 and 2710 11 45 used as non-exempt fuel for excise;
3° "diesel products": the diesel fuel under code NC 2710 19 41 of a sulphur content not exceeding 10 mg/kg used as non-exempt excise fuel;
4° "biofuel": EMAG, bioethanol and bio-ETBE as defined at points 5°, 6° in 7°;
5° "EMAG": the methyl ester of fatty acid under NC 3824 90 99 and meeting the specifications of NBN-EN 14214;
6° "bioethanol": ethanol produced from biomass and/or biodegradable waste fraction, falling under NC 2207 10 00 of a volumic alcoometric title of at least 99% vol and meeting the specifications of NBN-EN 15376;
7° "bio-ETBE": ethy-tertio-butyl ether in NC 2909 19 00 that is not of synthetic origin, containing in volume 47% of bioethanol;
8° "sustainable biofuels": biofuels produced in the European Community (EC) that meet the following sustainability criteria:
- raw materials must originate from agriculture and they must be cultivated by making use of at least possible fertilizers and pesticides, and production must at least meet the regulatory requirements for management referred to in the heading "Environment" of item A and item 9 of Schedule II and the regulatory requirements arising from the good agricultural and environmental conditions of Schedule III of the Regulation (EC) No.
- raw materials cannot come from an agricultural area outside the EC that has recently been deforestated;
- biofuels produced must implement a substantial reduction in CO2 emissions;
- the production of biofuels must meet the technical specifications imposed by the EU for compliance with social and environmental regulations.
The King shall, by deliberate order in the Council of Ministers, establish the evidence and, where appropriate, the schedule and method of calculating the above criteria;
9° "consumption": the consumption of gasoline and/or diesel products within the meaning of sections 6, 7, 10 and 11 of the Act of 10 June 1997 on the general regime, detention, traffic and control of goods subject to access;
10° "approved production unit": registered production unit within the meaning of the Biofuels Act of 10 June 2006;
11° « Direction générale Energie : la Direction générale Energie du SPF Economie, P.M.E., Classes moyen et Energie.
Art. 3. § 1er. The references to the codes of the combined nomenclature contained in this Act are those referred to in Article 414, § 2, of the Programme Law of 27 December 2004.
§ 2. The product standards referred to in this Act are the latest versions of the standards set by the CEN (European Standards Committee).
CHAPTER 2. - Obligation to incorporate biofuel in fossil fuels
Art. 4. § 1er. Any registered oil company that uses gasoline products and/or diesel products is obliged to also consume a quantity of sustainable biofuels in the same calendar year as follows:
- EMAG up to at least 4 v/v % of the amount of diesel products consumed;
- bioethanol, pure or in the form of bio-ETBE, not less than 4 v/v % of the amount of gasoline products put to consumption.
§ 2. The obligation referred to in § 1er does not apply to the quantities of gasoline and/or diesel products that a registered oil company puts to consumption from the mandatory stocks referred to in section 2, 4°, of the law of January 26, 2006 relating to the detention of the mandatory stocks of oil and petroleum products and to the creation of an agency for the management of part of these stocks and amending the law of June 10, 1997 relating to the general regimelang, the control, the circulation
Art. 5. The consumption of sustainable biofuels as referred to in Article 4 is carried out through mixtures with fuel products and/or diesel products consumed, in accordance with the NBN EN 590 product standards for diesel and NBN EN 228 for gasoline products.
CHAPTER 3. - Information and administration obligations
Art. 6. § 1er. In order to obtain data on consumerization, the Customs and Accises Administration of the Federal Public Service Finance shall communicate to the Directorate General Energy no later than the last working day of the month following each quarter:
- the quantities of gasoline products and/or diesel products consumed during this quarter by each registered oil company;
- quantities of biofuels consumed during this quarter by each registered oil company;
- any data available on the origin of biofuels that are mixed with the gasoline and/or diesel products consumed during this quarter.
§ 2. Registered oil companies are required to communicate on or before the last business day of the month following each quarter to the Directorate General Energy the quantities of gasoline and/or diesel products consumed by mentioning the quantities of fossil fuels consumed and the corresponding quantities of sustainable biofuels consumed.
This data may also be communicated to the Directorate General Energy electronically.
§ 3. The King sets out, by deliberate decree in the Council of Ministers, the complementary rules concerning the obligations of information and administration.
It may prescribe the obligation for the above-mentioned oil companies to hold an accounting according to the models it sets.
CHAPTER 4. - Control
Art. 7. § 1er. The control over the obligations resulting from this Act and its enforcement orders is carried out by the officers of the Energy Branch and the Directorate General of Control and Mediation of the Federal Public Service Economics, P.M.E., Average Classes and Energy mandated by the Minister for this purpose.
§ 2. The Directorate General Energy prepares an annual list of registered oil companies that consumed gasoline and/or diesel products in the previous calendar year, mentioning the quantities of fossil fuels consumed and the corresponding quantities of sustainable biofuels consumed.
§ 3. Each quarter, after receipt of the data referred to in Article 6, § 1er and § 2, the Directorate General of Energy verifies these data for each registered oil company that consumes gasoline products and/or diesel products. If it considers that there are indications that compliance with Article 4 is at risk for the year in question, it informs the company concerned by registered letter to the Post.
§ 4. The King sets out, by order deliberately in the Council of Ministers, the modalities of this control.
Art. 8. § 1er. Each registered oil company must provide evidence that biofuels used in a review to achieve the percentage as set out in section 4 are durable within the meaning of section 2, 8°.
§ 2. For biofuels from certified production units, this evidence is deemed to be provided.
§ 3. If a registered oil company wants to consume gasoline products or diesel products that it presumes that they already contain biofuels, it must itself indicate the percentage of biofuel and provide evidence that the biofuels used are sustainable within the meaning of section 2, 8°.
§ 4. Where applicable, the Directorate General Energy conducts physical control of products that are put to consumption.
The terms of such control shall be fixed by the King.
CHAPTER 5. - Report
Art. 9. Enforcement and effects, including with respect to the sustainable character of biofuels, of this Act are assessed annually, and for the first time in March 2010 on the basis of the data obtained until December 31, 2009 by the Directorate General Energy, in collaboration with the Customs and Accises Administration of the SPF Finance and the Directorate General SPF Environment Public Health, Food Chain Safety and Environment.
CHAPTER 6. - Administrative amendments
Art. 10. § 1er. A fine of one hundred to ten thousand euros shall be punished, those who do not respect or hinder the obligations and controls referred to in Articles 6, § 2, 7 and 8. In case of recidivism, the fine is doubled.
§ 2. Any registered oil company that does not respect the percentage set out in Article 4 shall be liable to an administrative fine equal to 900 euros per 1,000 litres to 15° C of missing biofuel that has not been mixed with the annual quantity of gasoline or diesel products consumed in accordance with Article 4, § 1erand provided that it has been heard or duly summoned.
To this end, the Directorate General Energy relies on the data it receives from the Customs and Accises Administration of the SPF Finance and registered oil companies.
§ 3. The administrative fine is collected for the benefit of the Treasury by the Directorate General Energy.
The rules on perception are set by the King, by order deliberately in the Council of Ministers.
§ 4. The registered oil company to which an administrative fine is imposed may, within the time limit set by the King for the payment of the fine, lodge an appeal against the decision to impose a fine with the court of first instance in Brussels. The appeal is filed by adversarial request on the basis of articles 1034bis et seq. of the Judicial Code. This appeal suspends the enforcement of the decision.
CHAPTER 7. - Final provisions
Art. 11. Section 183 of the Program Act of 27 April 2007 is repealed.
Art. 12. For calendar years in which sections 2 to 9 are not applicable for the entire calendar year, compliance with the percentages set out in section 4 is exclusively controlled for the consumption of gasoline or diesel products in the quarters for which the law produces its effects.
Art. 13. This Act comes into force on 1er July 2009 and ceases to be in force on 30 June 2011, except for a 24-month extension by a Royal Decree deliberated in the Council of Ministers.
Given in Brussels on 22 July 2009.
ALBERT
By the King:
The Minister,
H. VAN ROMPUY
Deputy Prime Minister and Minister of Finance,
D. REYNDERS
Minister of Agriculture,
Mrs. S. RARUELLE
Minister of Climate and Energy,
P. MAGNETTE
Minister for Business and Simplification,
VAN QUICKENBORNE
The Secretary of State for Mobility,
E. SCHOUPPE
Seal of the state seal:
For the Minister of Justice, absent:
Deputy Prime Minister and Minister of Public Service, Public Enterprises and Institutional Reforms,
S. VANACKERE
Note
Documents of the House of Representatives:
52-2037 - 2008/2009:
No. 1: Bill
Number 2: Erratum
No. 3: Amendments
Number 4: Report
No. 5: Text adopted by the Commission
No. 6: Text adopted in plenary and transmitted to the Senate
Full report: 25 June and 2 July 2009.
Documents of the Senate:
4-1386 - 2008/2009:
No. 1: Project not referred to by the Senate.