Law Approving The Cooperation Agreement Of 9 February 2007 Amending The Cooperation Agreement Of December 13, 2002, Between The Federal State, The Flemish Region, The Walloon Region And The Brussels-Capital Region Concerning The Execution And The Share...

Original Language Title: Loi portant assentiment à l'accord de coopération du 9 février 2007 modifiant l'accord de coopération du 13 décembre 2002 entre l'Etat fédéral, la Région flamande, la Région wallonne et la Région de Bruxelles-Capitale relatif à l'exécution et au financeme

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Posted the: 2007-09-20 Numac: 2007011398 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES average and energy may 15, 2007. -Act for consent to the cooperation agreement of 9 February 2007 amending the cooperation agreement of December 13, 2002, between the federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region concerning execution and funding for the remediation of soil at service stations ALBERT II, King of the Belgians, to all present and future salvation.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2 consent is given to the cooperation agreement of 9 February 2007 amending the cooperation agreement between the federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region concerning execution and funding for the remediation of soil at service stations, concluded in Brussels on 13 December 2002, annexed to this Act.
S.
3. this Act comes into force the day of its publication in the Moniteur belge.
Given to Brussels, May 15, 2007.
ALBERT by the King: the Minister of energy, M.
VERWILGHEN annex cooperation agreement of 9 February 2007 amending the December 13, 2002 cooperation agreement between the federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region concerning execution and funding for the remediation of the ground stations having regard to article 173 of the Constitution coordinated;
Seen Act of May 5, 1888 on inspection of dangerous, unhealthy, or inconvenient establishments, and monitoring of machines and boilers to steam;
Having regard to the special law of 8 August 1980 of institutional reforms, as amended by the Special Act of 8 August 1988;
Having regard to Decree of the Flemish Council of 28 June 1985 concerning the environmental permit;
Having regard to the Act of 27 December 1990 creating budgetary funds, in particular the section 32-7 in the table annexed to the Act, inserted by the law of 24 December 1993;
Having regard to the Special Act of 16 July 1993 to complete the federal structure of the State, including articles 6, § 1, II, 1 °, 2 ° and 3 °, § 1, VI, 5th paragraph, 8 °, and 92bis, § 1;
Having regard to the law of 24 December 1993 creating budgetary funds and amending the organic law of 27 December 1990 creating budgetary funds, in particular article 2;
Having regard to Decree of the Flemish regional Council of 22 February 1995 on the remediation of soil;
Having regard to the order of June 5, 1997, of the Council of the Region of Brussels - capital relative to the environmental permits;
Having regard to the Act of 10 June 1997 the general arrangements, holding, traffic and controls of products subject to excise duty;
Having regard to Decree of the Walloon regional Council of 11 March 1999 on the environmental permit;
Having regard to the land management Ordinance of the Council of the Brussels-Capital Region of 13 May 2004 polluted;
Having regard to the cooperation agreement of December 13, 2002, between the Federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region concerning execution and funding for the remediation of soil at service stations;
The federal State, represented by the Minister of finance and the Minister and the economy and energy;
The Flemish Region, represented by the Flemish Government, in the person of its Minister-President and the Minister for the environment;
The Walloon Region, represented by the Walloon Government, in the person of its Minister-President and the Minister for the environment;
Region the Brussels - Capital, represented by the Brussels Government, in the person of its Minister-President and the competent Minister for the environment;
Have agreed as follows: Article 1.
§ 1. Article 2, 3 °, of the cooperation agreement of December 13, 2002, between the federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region, execution and funding for the remediation of soil at service stations, is amended as follows: «3 ° station: installation distribution of hydrocarbons of motor vehicles, with a facility for filling liquid hydrocarbons in the fuel tanks of motor vehicles intended for the power of their engines. which is or has been exploited as a point of sale to the public.
Are not included in the concept of "service station", all facilities of distribution of hydrocarbons that are or have been used for another purpose such as the distribution of liquid hydrocarbons for other purposes than the filling of motor vehicles fuel tanks and distribution of liquid hydrocarbons for motor vehicles for commercial purposes other than sale to the public such as the distribution of liquid hydrocarbons for the supply of a fleet of cars in own management or for own use.
§ 2. Article 2, 18 ° of the cooperation agreement is replaced by the provision that follows: "sanitation in transitional measure: remediation of sites or land polluted for which soil remediation work are begun no later than 26 September 2004 or, in the case of a service station closed before 1 January 1993, no later than six months after the entry into force of the cooperation agreement of 9 February 2007 amending the cooperation agreement of 13. December 2002 between the federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region on execution and funding for the remediation of soil at service stations. » Art. 2. in the same cooperation agreement, an article 2A is added as follows: 'Art 2A. § 1.
During the period referred to in articles 14, § 2, 1 °, 5, 2 and 15, § 2, no environmental permit may not be granted or implemented for the operation of a service station on a plot for which an admissible application in the context of the closure of a gas station as a transient or not, was introduced.
However, this prohibition applies more when the mandate of the Fund is terminated before the remediation is completed or when the approval of the Fund is removed.
§ 2. At the request of environmental permits for the operation of a service station must accompany a certificate of the Fund, except where the request relates to an extension, an addition or modification of a permit existing for the operation of a service station.
The certificate of the Fund Specifies if the property was the subject of an admissible application in the context of the closure of a gas station, and where applicable the period covered by the ban to the § 1.
Request for attestation of the Fund must be lodged by registered letter with acknowledgement of receipt. The Fund shall issue the certificate by registered letter to the applicant within a period of thirty days calendar from the date of receipt of the request. » Art.
3. article 10 (2), paragraph (2) of the cooperation agreement is replaced by the provision that follows: "has this purpose made Fund appeal to the competent federal authority who can make use of the Fund for the petroleum products analysis data.
S. 4. article 12, paragraph 2, of the cooperation agreement is replaced by the provision which follows: "may benefit from assistance from the funds: operator, the owner or occupant.". The owner cannot benefit from the intervention of the funds on the condition that a gas station is not exploited in his field at the time of the introduction of the application for action.
In the case of sanitation by transitional measure in combination with a closure, the former owners, the former operators or former occupants can also introduce a request for intervention. » Art. 5. article 13, § 1, of the cooperation agreement is complemented by a second paragraph as follows: 'individuals referred to in article 12, § 2, of the cooperation agreement wishing to assert their right to the intervention of the Fund have a further period expiring six months after the entry into force of the cooperation agreement of 9 February 2007 amending the cooperation agreement of December 13, 2002, between the federal State the Flemish Region, the Walloon Region and the Brussels-Capital Region concerning execution and funding for the remediation of soil of service stations, to introduce a request for intervention, by registered letter with acknowledgement of receipt, to the Fund. This time limit is prescribed under penalty of forfeiture. » Art. 6 § 1. Article 14, § 2, 1 °, 5, of the agreement of cooperation, is replaced by the provision that follows: "the obligation to do not use, use, or allow to use the ground polluted for the operation of a service station for a period of fifteen years from the date of closure of the station and make this binding obligation with respect to third party purchasers. by means of a stipulation chain.
"If the application relates to a petrol station which was closed before January 1, 1993, the period of 15 years cannot never expire before that is issued a document, prepared by the competent regional authority referred to in article 17, § 3, 1 °, 3, of the cooperation agreement, after a non-binding opinion of the Fund, showing that the operation of a service station would hamper not the remediation of soil.
§ 2. Article 14, § 2, 2 °, of the cooperation agreement is replaced by the provision that follows: "2 ° in the head of the owner: the obligation not to use, make use or allow to use the.

land polluted for the operation of a service station for a period of fifteen years from the date of closure of the station and make this binding obligation with respect to third party purchasers, by means of a stipulation chain.
"If the application relates to a petrol station which was closed before January 1, 1993, the period of 15 years cannot never expire before that is issued a document, prepared by the competent regional authority referred to in article 17, § 3, 1 °, 3, of the cooperation agreement, after a non-binding opinion of the Fund, showing that the operation of a service station would hamper not the remediation of soil.
§
3. If the environment of the regional authority permit legislation competent is not in conformity with the provisions of article 2, a mortgage must be established for the benefit of the Fund, in guarantee of the commitment referred to in § 2, 2 °.
S. 7 § 1. Article 15, § 2, of the cooperation agreement is supplemented by the following subparagraph: "If the request relates to a petrol station which was closed before January 1, 1993, the period of 15 years can never expire before that is issued a document, prepared by the competent regional authority referred to in article 17, § 3, 1 °, 3, of the cooperation agreement. After a non-binding opinion of the Fund, showing the operation of a service station that does not impede the remediation of soil.
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2. In the same cooperation agreement an article 15, § 4, is added, to read as follows: "§ 4. reorganizations by transitional measure, only the costs related to the soil remediation work who were executed after January 1, 2000 come into consideration for a refund from the Fund.
S. 8. article 16, § 1, of the cooperation agreement is supplemented by the following paragraph: 'individuals referred to in article 12, § 2, of the cooperation agreement wishing to assert their right to the intervention of the Fund have a further period expiring six months after the entry into force of the cooperation agreement of 9 February 2007 amending the cooperation agreement of December 13, 2002, between the federal State the Flemish Region, the Walloon Region and the Brussels-Capital Region concerning execution and funding for the remediation of soil of service stations, to introduce a request for intervention, by registered letter with acknowledgement of receipt, to the Fund. This time limit is prescribed under penalty of forfeiture.
» Art. 9 § 1. Article 17 § 3, 1 °, 3, paragraph 1, of the same cooperation agreement, is replaced by the provision which follows: "the commitment to allow the Fund to control the implementation of sanitation and, to this end, prior to transmit the descriptive study, detailed study, the study of risk characterization study and soil remediation project or remedial action plan to the regional authorities concerned for approval subject to the prior approval of the Fund and to comply, where applicable, the recommendations of the Fund. If the application concerns a cleanup of transitional measure, this prior .approbation is not applicable"§ 2. Article 17 § 3, 2 °, 2, of the agreement of cooperation, is replaced by the provision that follows: "the obligation to evaluate in a timely manner and approve or reject the descriptive study, detailed study, the study of risk characterization study and remediation project or remedial action plan proposed by the service station operator, within a period of two months following the proposal of the above-mentioned documents failing which it will be deemed tacitly approved.
If the application concerns a cleanup of transitional measure, .this obligation is not applicable"art. 10A article 19 of the agreement of cooperation a fourth paragraph is added as follows: 'Art 19. The federal Minister who has energy in charge means an effective observer and an alternate observer. The observer is invited to meetings of the interregional Committee on remediation of soil. » Art. 11 § 1. The provisions of article 2 only take effect if competent the environment of the regional authority permit legislation conforms to the provisions of article 2.
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2. Article 2 of the agreement of cooperation applies only to applications of environmental permits for the operation of a service station, before the authorities more than thirty days calendar after the alignment of legislation on the environment of the regional authority permit competent with the provisions of article 2.
Done at Brussels, 9 February 2007, in eight originals.
For the federal State: the Deputy Prime Minister and Minister for finance, D. REYNDERS the competent Minister for the economy and energy, Mr. VERWILGHEN Pour the Flemish Region: the Minister - President of the Flemish Government, Y. LETERME the competent Minister for the environment, K. PEETERS for the Walloon Region: Minister - President of the Walloon Government, E. DI RUPO the competent Minister for the environment, B. LUTGEN to the Région de Bruxelles - Capitale : The Minister - President of the Government of the Region of Brussels - capital, c.
PICQUÉ the competent Minister for the environment, Mrs E. HUYTEBROECK (1) Senate.
Parliamentary documents Doc. 3 - 2114 - 2006/2007. No. 1: Bill; No. 2: amendments;
No. 3: report; No. 4: text adopted by the Commission.
Annals of the Senate: April 19, 2007 House of representatives.
Parliamentary Papers - No. 51 - 3085 - 2006/2007. Nr. 1: draft transmitted by the Senate; No. 2: report; No. 3: text adopted in plenary meeting and submitted to the Royal assent annals of the House of representatives.
Full record: 24-April 25, 2007