16 MARS 2007. - An Act to amend the Act of April 12, 1965 on the carriage of gaseous and other products by pipelines and the Act of April 29, 1999 on the organization of the electricity market (1)

CHAPTER I^er. - General
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER II. - Amendment of the Act of 12 April 1965 on the transport of gaseous and other products by pipelines
Art. 2. In Article 1^er, 5°bis, of the law of 12 April 1965 concerning the transport of gaseous and other products by pipeline, inserted by the law of 1^er June 2005, the word "counting," is inserted between the words "distribution," and "delivery."
Art. 3. Article 15/11, § 1^erof the same Act, inserted by the Act of 29 April 1999 and amended by the Acts of 16 July 2001, 24 December 2002 and 20 March 2003, are amended as follows:
1° paragraph 4, 1°, is completed as follows:
"and for the financing of the costs of the energy mediation service referred to in Article 15/16bis, collected in 2005 by the commission under Article 15/11, § 1^er, paragraph 5, and which are paid in a fund managed by the Energy Mediation Service, in accordance with Article 15/11, § 1^er5, 3°. »;
2° Paragraph 5 is supplemented as follows:
"3° in a fund, managed by the energy mediation service to finance the operating costs of this service, in accordance with Article 15/16bis. »
Art. 4. Article 15/14, § 2, 3bis, of the same law, inserted by the law of 20 March 2003, is repealed.
Art. 5. Section 15/16 bis of the Act, inserted by the Act of 20 March 2003, is replaced as follows:
"The Energy Mediation Service, created by section 27 of the Act of 29 April 1999 on the organization of the electricity market, may be solicited for all questions and complaints regarding the operation of the electricity and gas market, as well as for all disputes between final customers and natural gas companies relating to matters within the federal authority under Article 6, § 1^erVI, paragraphs 4 and 5, and VII, paragraph 2, of the special law of 8 August 1980 of institutional reforms. »
Art. 6. Article 15/20, § 1^er, 4°, of the same law, inserted by the law of 27 July 2005, the words "of the law of 29 April 1999 concerning the organization of the electricity market" are inserted after the words "art. 23bis".
Art. 7. In section 15/20bis, of the same law, inserted by the law of July 27, 2005, the words "approve or reject" are replaced by the words "with respect to approval, application for review or refusal of approval." »
Art. 8. Article 20/1, § 1^er, 1°, of the same law, inserted by the law of 29 April 1999 and amended by the law of 16 July 2001, the words "or the Chamber of Disputes" are deleted.
CHAPTER III. - Amendment of the Act of 29 April 1999 on the organization of the electricity market
Art. 9. In section 2, 15°ter, of the law of April 29, 1999 on the organization of the electricity market, inserted by the law of March 20, 2003, the words "counting", are inserted between the words "distribution", and "the supply".
Art. 10. In Article 12quater, § 1^er, 1°, of the same law, inserted by the law of 1^er June 2005, paragraph 2 is replaced as follows:
"With respect to the costs of auxiliary services, the network manager is required by 1^er July of the year prior to the year of evolution of the above-mentioned costs, to inform the Commission and the Minister on the basis of a report including supporting documents, on the prices offered to it for the provision of auxiliary services and on the actions it has undertaken, pursuant to section 234 of the Royal Order establishing a technical regulation for the management of the electricity transmission network and access to it.
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 reasoned report expressly 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 the Network Manager within 60 days of receipt of the report referred to in paragraph 2.
On the basis of the reasoned report, the Minister informs the commission and network manager within fifteen days by registered mail of the actions to be taken, which are binding on the commission. If it does not, the prices offered to the network manager are taken into consideration for the determination of total income, as referred to in Article 12, § 2. »
Art. 11. Article 21bis, § 1^erParagraph 1^er, 2°, of the same law, inserted by the law of 20 July 2005, is supplemented as follows:
"and for the financing of the costs of the energy mediation service referred to in Article 27, collected in 2005 by the commission under Article 21ter, § 1^er and are paid in a fund managed by the Energy Mediation Service, in accordance with Article 21ter, § 1^er6°".
Art. 12. Article 21ter, § 1^erthe same law, inserted by the Act of 20 July 2005 and amended by the Act of 23 December 2005, is supplemented as follows:
"6° in a fund managed by the Energy Mediation Service to finance the operating costs of this service in accordance with section 27. »
Art. 13. Article 23, § 2, paragraph 2, of the Act, amended by the Acts of 16 July 2001, 31 January 2003, 20 March 2003, 1^er June 2005 and 27 July 2005, items 3bis and 5° are repealed.
Art. 14. Section 27 of the Act, replaced by the Act of 20 March 2003, is replaced by the following:
“Art. 27. § 1^er. It is created an autonomous service with the legal personality, called "Energy Mediation Service", "Ombudsstelle für Energie" in German, competent for the distribution of applications and complaints regarding the operation of the electricity market and for the processing of any dispute between a final customer and an electricity company concerning the materials under the federal authority under Article 6, § 1^erVI, paragraphs 4 and 5 and VII, paragraph 2, of the special law of 8 August 1980 of institutional reforms.
The Energy Mediation Service is responsible for the following tasks:
1° to assess and examine all questions and complaints from final customers relating to the activities of an electricity company and the operation of the electricity market. The Mediation Service shall, on the basis of the division of competence between the federal and regional authorities, transmit questions and complaints to the relevant regional service when these matters and complaints relate only to a regional matter.
Questions from final customers are introduced to the energy mediation service by letter, fax, e-mail or telephone. The answers to these questions are sent by letter, fax, or e-mail.
Complaints from final customers are filed with the Energy Mediation Service by letter, fax or e-mail and are only admissible when the complainant has initiated a preliminary approach with the company. The Energy Mediation Service may refuse to process a claim when the complaint has been filed with the company concerned more than a year before. If a final customer's complaint is declared admissible by the Energy Mediation Service, the collection procedure is suspended by the electricity company or until the Energy Mediation Service has made a recommendation as referred to in point 3°, or has obtained an amicable compromise as referred to in point 2°;
2° enter to facilitate an amicable compromise between the final customer and the electricity company;
3° make a recommendation with respect to the electricity company in case a friendly compromise cannot be found. A copy of the recommendation is sent to the complainant. In the event that the electricity company cannot accept the recommendation, it has a period of 20 working days to justify its decision. This reasoned decision must be sent to the complainant and to the energy mediation service;
4° to issue, on its own initiative or at the request of the Minister, notices in the course of its missions.
§ 2. The Energy Mediation Service may, as part of a complaint before it, be aware on site of books, correspondence, minutes and, generally, of all documents and records of the electricity company that relate directly to the subject matter of the complaint. It may require the administrators, agents and attendants of the electricity company all the explanations or information and conduct all the checks that are necessary for its review.
The information obtained is treated by the energy mediation service as confidential, when the disclosure could affect the electricity company on a general level. Any offence under this paragraph shall be punished by the penalties provided for in article 458 of the Criminal Code. The provisions of the first book of the same Code are applicable.
In the exercise of its powers, the energy mediation service shall not be instructed by any authority. Any doubts or differences of opinion as to whether a matter or complaint is within the federal or regional authority are resolved in consultation with the Competent Region in accordance with the procedure set out in the Internal Regulations of the Energy Mediation Service.
Members of the Energy Mediation Service may be assisted by experts.
The review of the complaint ends when a court action is initiated or an arbitration proceeding is initiated with respect to the subject matter of the complaint.
§ 3. The Energy Mediation Service is composed of two members appointed by the King by order deliberately in the Council of Ministers for a renewable period of five years. Members belong to a different linguistic role.
Member candidates are called to apply by a publication to the Belgian Monitor.
The member of the Energy Mediation Service who, at the time of his appointment, is in a statutory relationship with the State or any other legal entity of public law under the State, is made available in full law, in accordance with the provisions of the statute concerned, for the duration of his or her term of office. However, during this period, he maintains his promotion and salary increases and remains subject to the same social security system that is applied to him in his original service.
If, at the time of his appointment, the member of the Energy Mediation Service is in a contractual relationship with the State or any other public legal entity under the State, the contract concerned shall be suspended in full law for the duration of his term. However, during this period, it maintains its promotion rights and remains subject to the same social security system that is applied to it in its original service.
The energy mediation service acts as a college. However, members may agree to delegations by collegial decision, approved by the Minister.
To be appointed a member of the mediation service, it is necessary:
1° possessing Belgian nationality;
2° to be an irreproachable conduct and enjoy civil and political rights;
3° hold a diploma giving access to level 1 functions to state administrations;
4° did not exercise, for a period of three years prior to his appointment, a term or function within an electricity company or a related company.
The member of the energy mediation service is incompatible with:
a paid public mandate;
2° a public mandate conferred by elections;
3° the legal profession;
4° the function of notary, magistrate or judicial officer;
5° a mandate or function within a related company or company.
By a royal decree deliberated in the Council of Ministers, the King sets out the provisions applicable to conflicts of interest and the basic principles of their remuneration.
The members of the Energy Mediation Service may only be revoked on just grounds by a royal decree deliberated in the Council of Ministers.
§ 4. Members of the Mediation Service shall be entitled to the same pension plan for the duration of their duties as state agents with a final appointment. This pension is the responsibility of the Public Treasury.
For the opening of the law and the calculation of the pension referred to in the first paragraph only the services assumed as a member of the mediation service are taken into account. These services cannot be taken into consideration either for the opening of the right to another public sector pension or for the calculation of the public sector pension.
§ 5. The staff of the Energy Mediation Service are engaged and put to work under the Act of 3 July 1978 concerning labour contracts or in the manner determined by Royal Decree deliberated in the Council of Ministers.
A member of the staff of the Energy Mediation Service who, at the time of his or her appointment, is in a statutory relationship with the State or any other legal entity of public law under the State, shall be made available in full law, in accordance with the provisions of the statute concerned, for the duration of his or her appointment. However, during this period, he maintains his rights to promote and raise wages and remains subject to the same social security system that is applied to him in his original service.
§ 6. By order deliberately in the Council of Ministers, the King sets the rules for the operation of the energy mediation service.
Members of the Energy Mediation Service jointly establish rules of procedure, subject to the Minister's approval.
§ 7. The amount of the operating costs of the energy mediation service is set, annually, by order deliberately in the Council of Ministers, on the basis of a budget proposal prepared by members of the energy mediation service. The budget proposal is subject to the approval of the Council of Ministers by 30 October of the year preceding the budget year.
§ 8. For the first year of operation 2007, the amounts of the federal contribution referred to in Article 21bis, § 1^er and received in 2005 by the commission under Article 21ter, § 1^er are paid in a fund managed by the energy mediation service, in accordance with Article 21ter, § 1^er6°. The amount to cover the operating costs of the energy mediation service for the year 2005, is set at Euro832.054.
§ 9. In order to cover the operating costs of the energy mediation service, electricity and gas companies pay annually from the second year of operation, to the energy mediation service a fee established on the basis of the financing cost of the energy mediation service, called "mediation fee".
§ 10. Each year, the energy mediation service sets the amount of the mediation fee payable by each of the electricity and gas companies.
For the second and third year of operation, the mediation fee per electricity and gas company is estimated on the basis of the average number of customers in the year prior to the establishment of the mediation fee.
From the fourth year of operation and for the following years, the mediation fee per electricity and gas undertaking is estimated on the one hand on the basis of the fixed mediation fee, i.e. the average number of customers during the year prior to the establishment of the mediation fee, and on the other hand on the basis of the variable mediation fee, that is, the number of complaints filed during the year.
§ 11. Electricity and gas companies shall, no later than 30 June of each year, communicate the data referred to in § 10.
§ 12. By order deliberately in the Council of Ministers, the King may determine the specific modalities for calculating the mediation fee.
Any order made under the preceding paragraph is expected to have never produced any effects if it has not been confirmed by law within 12 months of its effective date.
§ 13. Mediation fees are paid by September 30 of the year for which they are due, at the account number indicated by the Energy Mediation Service.
The royalties that are not paid at the fixed maturity will result in full and unpaid interest at the legal rate increased by 2%. This interest is calculated on the basis of the number of calendar days delay.
By no later than one month before the deadline, the Energy Mediation Service shall communicate to electricity and gas companies the amount of the mediation fee due.
§ 14. Each year, the Energy Mediation Service submits its accounts to the Court of Auditors.
§ 15. Each year, before 1^er May, the Energy Mediation Service reports its activities to the Minister. The report mentions, inter alia, the various complaints or types of complaints, a clear distribution that the complaints and questions relate to federal or regional jurisdictions and the follow-up to these complaints, without directly or indirectly identifying the complainants. The Minister communicates the report to the Legislative Chambers. It is made available to the public. »
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 16 March 2007.
ALBERT
By the King:
Minister of Energy,
Mr. VERWILGHEN
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
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Note
(1) 2006-2007 session.
House of Representatives.
Parliamentary documents. - Bill No. 51-2710/001. Amendment No. 51-2710/002. - Amendment No. 51-2710/003. - Report made on behalf of the commission, No. 51-2710/004. - Text adopted by the Commission, No. 51-2710/005. - Text adopted in plenary and transmitted to the Senate, No. 51-2710/006.
Senate.
Parliamentary documents. - Project not referred to by the Senate, No. 3-2058/1.