15 MAI 2007. - An Act to approve 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 the execution and financing of the soil sanitation of service stations

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and sanctioned the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. Assent is given to the Cooperation Agreement of 9 February 2007 which amends the Cooperation Agreement between the Federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region on the execution and financing of the soil sanitation of service stations, concluded in Brussels on 13 December 2002, annexed to this Act.
Art. 3. This Act comes into force on the day of its publication in the Belgian Monitor.
Given in Brussels on 15 May 2007.
ALBERT
By the King:
Minister of Energy,
Mr. VERWILGHEN

Annex
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 the execution and financing of the soil sanitation of gas stations
Considering Article 173 of the Coordinated Constitution;
Having regard to the Act of 5 May 1888 on the inspection of hazardous, unhealthy or inconvenient establishments, and the monitoring of steam boilers and machines;
Considering the special law of 8 August 1980 of institutional reforms, as amended by the special law of 8 August 1988;
Having regard to the decree of the Flemish Council of 28 June 1985 on environmental permits;
Having regard to the organic law of 27 December 1990 creating budgetary funds, in particular section 32-7 of the table annexed to the law, inserted by the law of 24 December 1993;
In view of the special law of 16 July 1993 to complete the federal structure of the State, in particular articles 6, § 1^er, II, 1°, 2° and 3°, § 1^er, VI, 5^e paragraph 8, and 92 bis, § 1^er;
Considering the Act of 24 December 1993 creating budgetary funds and amending the Organic Law of 27 December 1990 creating budgetary funds, in particular section 2;
Having regard to the decree of the Flemish Regional Council of 22 February 1995 on soil sanitation;
Having regard to the order of 5 June 1997 of the Council of the Brussels-Capital Region on environmental permits;
Having regard to the Act of 10 June 1997 on the General Regime, Detention, Traffic and Control of Products under Access;
Having regard to the decree of the Walloon Regional Council of 11 March 1999 on environmental permits;
Considering the order of the Council of the Brussels-Capital Region of 13 May 2004 on the management of polluted soils;
Having regard to the cooperation agreement of 13 December 2002 between the Federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region on the execution and financing of the soil remediation of service stations;
The Federal State, represented by the Minister of Finance and the Minister and Economy and Energy;
The Flemish Region, represented by the Flemish Government, in the person of its Minister-President and the competent Minister for the Environment;
The Walloon Region, represented by the Walloon Government, in the person of its Minister-President and the competent Minister for the Environment;
The Brussels-Capital Region, represented by the Government of Brussels, in the person of its Minister-President and the competent Minister for the Environment;
The following agreed:
Article 1^er. § 1^er. Article 2, 3°, of the cooperation agreement of 13 December 2002 between the Federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region, concerning the execution and financing of the soil sanitation of the gas stations, is amended as follows:
« 3° Service station: any hydrocarbon distribution system for motor vehicles, having an installation for the filling of liquid hydrocarbons of fuel tanks of motor vehicles for the feeding of their engines, which is or has been operated as a point of sale to the public.
Not included in the concept of "service station", all hydrocarbon distribution facilities that are or have been used for another purpose, such as the distribution of liquid hydrocarbons for other uses than the filling of fuel tanks of motor vehicles and the distribution of liquid hydrocarbons for motor vehicles for commercial purposes other than the sale to the public, such as the distribution of liquid oils
§ 2. Article 2, 18°, of the same cooperation agreement is replaced by the following provision:
"Transitional sanitation: remediation of contaminated sites or land for which soil remediation work is commenced by September 26, 2004 or, in the case of a closed service station before September 1,^er 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 relating to the execution and financing of the soil remediation of the gas stations. »
Art. 2. In the same cooperation agreement, an article 2bis is added, which reads as follows:
"Art 2bis. § 1^er. During the period referred to in articles 14, § 2, 1°, 5, 2° and 15, § 2, no environmental permit may be granted or implemented for the operation of a service station on a land for which a request for intervention admissible in the context of the closure of a service station, whether transient or non-transitional, has been introduced.
However, this prohibition is no longer valid when the Fund's mandate ends before remediation is completed or when the Fund's approval is withdrawn.
§ 2. Upon application for an environmental permit for the operation of a service station, a certificate must be attached to the Fund, except where the application relates to an extension, addition or modification of an existing permit for the operation of a service station.
The Fund's attestation specifies whether the land concerned has been the subject of a request for intervention admissible as part of the closure of a service station, and where applicable the period covered by the prohibition referred to in § 1^er.
Any request for certification from the Fund must be submitted by registered letter with acknowledgement of receipt. The Fund shall issue the certificate by registered letter to the applicant within thirty calendar days of receipt of the application. »
Art. 3. Article 10, 2°, paragraph 2, of the same cooperation agreement is replaced by the following provision:
"To this end the Fund relies on the Competent Federal Administration which can use the data of the Oil Products Analysis Fund."
Art. 4. Article 12, § 2, of the same cooperation agreement shall be replaced by the following provision:
"Can benefit from the Fund's intervention: the operator, owner or occupant. However, the owner may only benefit from the intervention of the Fund provided that a service station is not operated on the land at the time of the application for intervention.
In case of transient remediation in combination with a closure, former owners, former operators or former occupants may also apply for intervention. »
Art. 5. Article 13, § 1^erthe same cooperation agreement shall be supplemented by a second paragraph reading:
"The persons referred to in Article 12, § 2, of the cooperation agreement who wish to assert their right to the intervention of the Fund shall have a supplementary period expiring 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, Flemish Region, Walloon Region and the Region of Brussels-Capital regarding the implementation and the recommended financing This time limit is limited to the deadline. »
Art. 6. § 1^er. Article 14, § 2, 1°, 5, of the same cooperation agreement, is replaced by the following provision:
"The obligation not to use, use or allow to use the polluted land for the operation of a service station for a period of fifteen years from the date of closure of the service station and to make this binding obligation to third-party buyers, by means of a chain stipulation.
If the application relates to a service station that was closed before 1 January 1993, the 15-year period may never expire before a document was issued, 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, indicating that the operation of a service station would not interfere with the soil remediation."
§ 2. Article 14, § 2, 2°, of the same cooperation agreement, is replaced by the following provision:
« 2° In the owner's head:
The obligation not to use, use or allow the polluted land to be used for the operation of a service station for a period of fifteen years from the date of closure of the service station and to make this binding obligation with respect to third-party buyers by means of a chain stipulation.
If the application relates to a service station that was closed before 1^er January 1993, the 15-year period may never expire before a document is issued, 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, indicating that the operation of a service station would not interfere with soil remediation."
§ 3. If the environmental permit legislation of the competent regional authority is not in conformity with the provisions of Article 2, a mortgage shall be established for the benefit of the fund, in guarantee of the undertaking referred to in § 2, 2°.
Art. 7. § 1^er. Article 15, § 2, of the same cooperation agreement is supplemented by the following paragraph:
"If the application relates to a service station that was closed before 1 January 1993, the 15-year period may never expire before a document is issued, prepared by the competent regional authority referred to in Article 17, § 3, 1°, 3, of the Cooperation Agreement, after a non-binding notice of the Fund, indicating that the operation of a service station would not interfere with the soil remediation."
§ 2. In the same cooperation agreement an article 15, § 4, is added, as follows:
"§4.For transitional sewage, only costs related to soil remediation work that were carried out after 1^er January 2000 come into account for a refund by the Fund."
Art. 8. Article 16, § 1^erthe same cooperation agreement shall be supplemented by the following paragraph:
"The persons referred to in Article 12, § 2, of the cooperation agreement who wish to assert their right to the intervention of the Fund shall have a supplementary period expiring 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, Flemish Region, Walloon Region and the Region of Brussels-Capital regarding the implementation and the recommended financing This time limit is limited to the deadline. »
Art. 9. § 1^er. Article 17, § 3, 1°, 3, paragraph 1^erthe same cooperation agreement shall be replaced by the following provision:
"The commitment to authorize the Fund to monitor the effective implementation of the remediation and, to this end, before transmitting the descriptive study, detailed study, risk study or characterization study and the soil remediation project or the remediation plan to the relevant regional authorities for approval, to submit them to the prior approval of the Fund and to comply, where appropriate, with the recommendations of the Fund. If the application concerns a transitional sewage, this pre-approval is not applicable »
§ 2. Article 17, § 3, 2°, 2, of the same cooperation agreement, is replaced by the following provision:
"The obligation to assess in a timely manner and to approve or reject the descriptive study, detailed study, risk study or characterization study and the remediation project or remediation plan proposed by the operator of the service station, within two months of the proposal of the above-mentioned documents, in the absence of which it will be deemed tacitly approved.
If the application concerns a transitional sewage, this obligation is not applied »
Art. 10. In article 19 of the same cooperation agreement, a fourth paragraph is added, as follows:
“Art 19. The Federal Minister who has the Energy in his responsibilities designates an effective observer and an alternate observer. The observer is invited to meetings of the Interregional Soil Remediation Commission. »
Art. 11. § 1. The provisions of Article 2 come into force only if the environmental permit legislation of the competent regional authority is in accordance with the provisions of Article 2.
§ 2. Section 2 of this cooperation agreement applies only to applications for environmental permits for the operation of a service station, introduced to the competent authorities more than thirty days after the compliance of the environmental permit legislation of the competent regional authority with the provisions of Article 2.
Made in Brussels on 9 February 2007, in eight original copies.
For the federal state:
Deputy Prime Minister and Minister of Finance,
D. REYNDERS
The competent Minister for Economy and Energy,
Mr. VERWILGHEN
For 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
For the Brussels-Capital Region:
The Minister-President of the Government of the Brussels-Capital Region,
Ch. PICQUE
The competent Minister for the Environment,
Ms. E. HUYTEBROECK
(1) Senat.
Parliamentary documents Doc. 3-2114 - 2006/2007. No. 1: Bill; No. 2: Amendments; No. 3: Report; No. 4: text adopted by the Commission.
Annales du Senate : April 19, 2007
House of Representatives.
Parliamentary documents - No. 51-3085 - 2006/2007. Nr. 1: Project transmitted by the Senate; No. 2: Report; No. 3: Text adopted in plenary session and subject to Royal Assent
Annales of the House of Representatives.
Full report: 24 and 25 April 2007