Act Amending Act Of 12 April 1965 On The Transport Of Gaseous And Other Products By Pipelines, The Act Of 8 August 1980 On The Budget Proposals 1979-1980 And Act Of 29 April 1999 On The Organisation Of The M

Original Language Title: Loi portant modification de la loi du 12 avril 1965 relative au transport de produits gazeux et autres par canalisations, de la loi du 8 août 1980 relative aux propositions budgétaires 1979-1980 et de la loi du 29 avril 1999 relative à l'organisation du m

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Posted the: 2003-04-04 Numac: 2003011194 Chamber of representatives of Belgium 27 February 2003. -An Act amending the Act of 12 April 1965 on the transport of products gas and other pipelines, of the Act of 8 August 1980 on the budget proposals 1979-1980 and the law of 29 April 1999 on the organisation of the market in electricity (1) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: chapter I:. -General Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER II. — Amendment Act of 12 April 1965 the transport of gaseous and other products by pipelines art. 2A article 1 of Act of 12 April 1965 on the transport of gaseous and other products by pipelines, 29 ° is repealed.
S. 3 A article 15/6, § 3, paragraph 1, of the Act, inserted by the law of 29 April 1999, the words "they provide the evidence, according to the rules laid down by the King," are deleted.
S.
4 A article 15/10 of the same Act, inserted by the law of 29 April 1999, the following changes are made: 1 ° the § § 1 and 2 are replaced by the following provisions: "§ 1.» After receiving the opinion of the Committee and deliberations in the Council of Ministers, the federal Minister that the economy may set maximum prices for the supply of gas to final customers and the part of the supply of natural gas to distribution undertakings aimed at the supply of end-users who do not have the quality of eligible customers.
§ 2. After the commission's opinion and consultation with regions, the federal Minister that has the economy in charge may, after deliberation in the Council of Ministers, set maximum per kWh prices valid throughout the territory, for the supply of natural gas in residential low-income or precarious situation protected customers. These maximum prices do include any lump sum or royalty.
Gas undertakings ensure the supply of protected residential customers to the maximum price fixed under paragraph 1 and shall keep accounts separate from this activity.
The net actual cost resulting from this activity is financed by surcharges applied to the rates referred to in article 15/5 or by levies on all, or objectively defined categories, consumers of energy or operators on the market.
On a proposal from the commission, King lays down the rules of the determination of the cost and response for its support for the benefit of the market operators concerned. Its funding is organized by a Fund, to be managed by the commission, in the manner established by Decree deliberated in the Council of Ministers.
Any order establishing an overload or a levy referred to in section 3 is supposed to never have produced effects if it was not confirmed by law in the twelve months of the date of its entry into force.
The provisions of the law of 22 January 1945 on economic regulation and prices shall apply, with the exception of article 2, § 4, last paragraph, and § 5, for the fixing of the maximum prices referred to the § 1 and article 1. » 2 ° § 3 is supplemented as follows: «5 ° guarantee, there where natural gas networks exist or may in an economically reasonable way be developed, the right to access to energy, many necessities, ensuring particularly, in the context of the opening of the market for natural gas to competition, continuity of benefits applicable to certain categories of consumers for the connection and tariff matters;
6 ° ensure that consumers benefit from the advantages resulting from the depreciation policy practised in the system regulated;
7 ° tariff terms transparency and encourage rational consumption behaviours. » Art.
5 A article 15/11 of the same Act, inserted by the law of 29 April 1999 and amended by the law of July 16, 2001, the following changes are made: 1 ° to the current text which becomes the § 1, the following changes are made: a. 1 paragraph (1), is replaced by the following provision: «1 ° impose on holders of an authorization to transport public service investment obligations. favor clients not having the quality of eligible customer, based on a preliminary study of the needs relating to the capacity of the transport network of natural gas and to the extent where these investments are economically justified;
»
B . in paragraph 2, the word "six" is replaced by the word "twelve";
(C). the text is supplemented by the following paragraph: "in the context of which is determined under paragraph 1, King reflects the investment programme contained in the indicative plan supply referred to in article 15/13, § 2, 3 °.»
2 ° a § 2, worded as follows is added: "§ § 2 2» Holders of an authorization to transport use the capabilities of existing storage facilities by priority for a company distribution or a customer not having the quality of eligible customer. » Art. 6 A article 15/13, § 1, paragraph 1, of the Act, inserted by the law of 29 April 1999 and amended by the law of December 30, 2001, the words "the Committee", shall be deleted.
S. 7. in article 15/14 of the same Act, inserted by the law of 29 April 1999 and amended by the law of July 16, 2001, the following changes are made: 1 ° in § 2, inserted a 3a and a written 8A as follows: a) "3A. provides the secretariat for the service of mediation in accordance with article 27;"
(b) "8A. in accordance with article 23bis of the Act of 29 April 1999, ensures that the tariffs for the supply of natural gas are oriented in the direction of the general interest and, where appropriate, control maximum tariffs to final customers and to distribution undertakings supplying final customers who do not have the quality of eligible customer;"
2 ° in 10 ° § 2, is replaced by the following provision: «"10 ° verifies the absence of subsidies between categories of clients who do not have the quality of eligible customer and between these categories of customers and eligible customers;".
3 § 2 °, 11 °, the "free" Word is deleted;
4 ° § 3 is replaced by the following provision: "§ § 3 3» Before May 1 of the year following the financial year concerned, the commission shall forward to the Minister a report on: 1 ° the performance of its tasks;
2 ° the State of its operating expenses and of their way of coverage, including an active/passive situation;
3 ° the evolution of the natural gas market.
The Minister communicates this annual report to the federal legislative chambers and Governments in region. It ensures an appropriate publication of the report.
» Art. 8. in article 15/15, § 4, paragraph 3, of the Act, inserted by the law of 29 April 1999 and amended by the laws of August 12, 2000 and July 16, 2001, the word "six" is replaced by the word "twelve".
S. 9. an article 15/16A, as follows shall be inserted in the Act: «art.» 15/16A. The mediation service set up by article 27 of the law of 29 April 1999 may be requested for disputes between end-users and undertakings supply or distribution. » CHAPTER III. -Modification of the budgetary proposals 1979-1980 s. law of 8 August 1980 10. articles 170, 171 and 172 of the Act of 8 August 1980 budget proposals 19791980, modified by order No. royal, 147 of December 30, 1982 and the law of 29 April 1999, are repealed.
CHAPTER IV. -Amendment of the Act of 29 April 1999 on the organisation of the market for electricity s. 11. section 2 of the Act of 29 April 1999 on the organisation of the electricity market, amended by the law of December 30, 2001, the following changes are made: 1 ° it is inserted a 4 ° bis, 15 ° bis and a 15B written as follows: has) "4 ° bis 'green certificate': intangible attesting that a producer has produced a measured quantity of electricity produced from renewable energy sources" (", during a specific time interval;" b) "15 ° bis." provider": any natural or legal person who sells electricity to one or some client (s) (s); the supplier produces or acquires electricity sold to end-customers;"
(c) "15 ° ter." electricity undertaking": any natural or legal person who performs production, transport, distribution, supply or the purchase of electricity or more of these activities, excluding final consumers; » 2 ° to 16 °, the word ", provider" is inserted between the word "distributor" and the word "or intermediate";
3 ° 27 ° is repealed.
S.
12. at article 3, § 1, paragraph 1, of the Act, the words ", Control Committee ' are deleted.
S. 13 A section 7 of the Act, the following changes are made: 1 ° in the paragraph 1, 1 °, the words ", including the establishment of a system of green certificates for electricity in accordance with article 6 as well as the obligation to repurchase at a minimum price and resale by the Manager of the network of green certificates granted by the federal or regional authorities "shall be inserted between the words"market"and" to ensure";
2 ° in paragraph 3, the word "six" is replaced by "twelve".
S.
14 A section 8 of the act as amended by the law of December 30, 2001, the following changes are made: 1 ° to the current text, which becomes the § 1, are made

the following amendments: has) in paragraph 3, 3 °, the words "a permanent balance between"are replaced by the words", with the means available to it, to ensure a permanent flow of electricity balance resulting from";
(B) in paragraph 3, 4 °, the words ", with the means available to it," shall be inserted between the words "in this context" and the words "ensure availability";
2 ° a § 2, worded as follows is added: "§ § 2 2» The network manager can exercise a commercial activity, in accordance with its purpose and respect for the law, through such participations in public or private, existing or future bodies, companies or associations. The development of these activities is however subject to the following conditions: 1 ° of activities outside the management of electricity networks cannot be operated on the Belgian territory.
2 ° of the activities in the sector of electrical networks outside the Belgian territory management can be developed through the absence of negative influence of these activities on the tasks assigned by law to the network manager. This lack of negative influence is controlled by the commission.
The activities referred to in this paragraph are posting separated in accordance with article 22. » Art. 15A section 9 of the Act, as amended by the law of July 16, 2001, the following changes are made: 1 ° in the § 1, the word ', suppliers' is inserted between the word "distributors" and the words "or intermediate";
2 ° to § 2, 1 °, the word ', suppliers' is inserted between the word "intermediate" and the words "or owners of the network";
3 ° to § 2, 3 °, the term "suppliers" is inserted between "distributors" and the word ", intermediate".
S. 16A section 11 of the Act, the following changes are made: 1 °-paragraph 2, 1 °, between the words "hotlines", and the words "and", the words "connection delays, and the technical arrangements allowing the network manager to have access to the facilities of the users and to take or to take measures relating to them when the safety or the technical reliability of the system requires it;" shall be inserted;
2 ° in article 2, 5 ° is supplemented by the words ", including data relating to the plan of development;"
3 ° paragraph 2 is supplemented by a 7 °, as follows: "7 ° the provisions relating to information or prior approval by the commission of operational rules, General conditions, contract-types, forms or procedures applicable to the transmission system operator and, where applicable, users;
» 4 ° this article is supplemented by a third paragraph, as follows: "in accordance with the technical regulations, the network manager contracts for access to the network specify detailed rules for the application of it to the network users, distributors or intermediaries in a nondiscriminatory manner. » Art. 17A article 13, § 1, of the Act, the words ", the Compliance Committee ' are deleted.
S. 18. at article 15, § 1, paragraph 2, first sentence of the Act, the words "access to the ' shall be inserted between the words"may refuse"and the word"network".
S. 19 article 16, § 2, of the Act, the words "to provide evidence, as set forth by the King" are deleted.
S.
20 A section 18 of the Act, the following changes are made: 1 ° 1st paragraph is replaced by the following provision: «without prejudice to the application of the Act of 6 April 1995 on secondary markets, the status of companies, investment and control to the intermediaries and investment advisers, after opinion of the Committee, the King may: 1 ° submit supplies of electricity in Belgium through the transport network by intermediaries and suppliers to. a procedure for authorization or prior notification;
2 ° stop rules of conduct applicable to intermediaries and suppliers;
3 ° to determine, on a joint proposal from the Minister and the Minister of finance, after consultation of the commission and the banking and finance commission and deliberations in the Council of Ministers, the rules relating to the establishment, access and the functioning of markets of exchange of energy blocks. ("2 ° in paragraph 3 shall be inserted: has) words" rules and "between the words"The"and"rules of conduct";
b) the words "transaction and" between the words "conditions of" and "provision".
S.
21A article 20 of the Act, the following changes are made: 1 ° §§ 1 and 2 are replaced by the following: "§ 1.»
After notice of the commission and deliberations in the Council of Ministers, the federal Minister, that the economy may set maximum prices for the supply of electricity to final customers and the part of the supply of electricity to distributors to supply final customers lacking the quality of eligible customer.
§ 2. After notice of the commission and consultation with the regions, the Minister who has the economy in charge may, after deliberation by the Council of Ministers, set maximum per kWh, valid prices across the territory, for the supply of electricity to residential protected customers with modest incomes or precarious situation. These maximum prices do include any lump sum or royalty.
Electricity undertakings ensure the supply of protected residential customers to the maximum price fixed under paragraph 1 and shall keep accounts separate from this activity.
The net actual cost resulting from this activity is financed by surcharges applied to the rates referred to in article 12 or by levies on all, or objectively defined categories, consumers of energy or operators on the market. On proposal from the commission, King lays down the rules for determining this cost and the intervention for its support for the benefit of the market operators concerned. Its funding is organized by a Fund, to be managed by the commission, in the manner established by Decree deliberated in the Council of Ministers.
Any order establishing an overload or a levy referred to in section 3 is supposed to never have produced effects if it was not confirmed by law in the twelve months of the date of its entry into force.
"The provisions of the law of 22 January 1945 on economic regulation and prices shall apply, with the exception of article 2, § 4, last paragraph, and § 5, for the fixing of the maximum prices referred to the § 1 and article 1."
2 ° § 3 is supplemented as follows: «4 ° guarantee the right to access to energy, many necessities, ensuring inter alia, in the context of the opening of the market for electricity to competition, continuity of benefits applicable to certain categories of consumers for the connection and tariff matters;
5 ° ensure that consumers benefit from the advantages resulting from the depreciation policy practised in the system regulated;
6 ° ensure the tariff terms transparency and encourage rational consumption behaviours. » 3 ° in § 4, the words "on the recommendation of the Committee of control" are replaced by "after consultation of the commission".
S. 22. in article 21 of the same Act the following changes are made: 1 ° in the paragraph 1, 1 °, of the Act, the word ", suppliers" is inserted between the word "intermediate" and the words "and Manager of the network";
2 ° in paragraph 3, the word "six" is replaced by "twelve".
S. 23. at article 22, § 1, of the Act, as amended by the law of July 16, 2001, the word ", provider" is inserted between the word "distributors" and the words "and intermediate".
S. 24. section 23 of the Act, as amended by the law of July 16, 2001, the following changes are made: 1 ° in § 2, paragraph 2, it is inserted a 3 ° bis, a 12 ° bis and a 14 ° bis worded as follows: has) "3 ° bis provides the secretariat for the service of mediation in accordance with article 27;"
(b) '12 ° bis control measures adopted pursuant to article 7;'
c) "14 bis ° ensure that the tariffs for supply of electricity are oriented in the direction of the general interest and fit into the overall energy policy and, where appropriate, control maximum tariffs to final customers and distributors supplying final customers who do not have the quality of eligible customer;"
2 ° in the § 2, paragraph 2, 16 ° is replaced by the following provision: «16 ° verifies the absence of subsidies between categories of clients who do not have the quality of eligible customer and between these categories of customers and eligible customers;
3 ° in § 2, paragraph 2, 17 °, the "free" Word is deleted.
4 ° § 2, paragraph 2, is completed as follows: «18 ° verifies the absence of subsidies crossed when the network manager made pursuant to article 8, § 2;
5 ° in § 2, last paragraph, the words "and its proposals" shall be inserted between the words "his opinion" and "within 40 calendar days";
6 ° § 3 is replaced by the following provision: "§ § 3 3» Before May 1 of the year following the financial year concerned, the commission shall forward to the Minister a report on: 1 ° the performance of its tasks;
2 ° the State of its operating expenses and of their way of coverage, including an active/passive situation;
3 ° the evolution of the electricity market.
The Minister communicates this annual report to the federal legislative chambers and Governments in region.

It ensures an appropriate publication of the report. » Art. 25. it is inserted in the Act an article 23bis, read as follows: «art.» 23bis. § 1. The commission is responsible for ensuring that the technical situation and tariff areas natural gas and electricity as well as the evolution of it are oriented in the direction of the general interest and are integrated into the overall energy policy.
§ 2. In order to meet the abovementioned general objective and specific tasks related to this objective, the commission has the powers and rights described below:-obtain for producers, distributors, middlemen and suppliers, information, including specific information to businesses, on matters within its competence and its mandate;
-get these reports on their activities or certain aspects thereof;
-get these studies on any subject matter of tariff jurisdiction over end-customers who do not have the quality of eligible customer.
The commission has for mission to advise in the implementation of the policy on electricity and gas.
§ 3. Goods and documents owned by the Oversight Committee are transferred to the commission from July 1, 2003. » Art. 26A section 24 of the same Act, as amended by the law of July 16, 2001, the following changes are made: 1 ° in § 3, paragraph 1, the words "distributors" are replaced by the words "distribution systems managers, intermediaries and suppliers";
2 ° § 3, paragraph 2, 4 °, is repealed.
S. 27 A section 25 of the Act, as amended by the Act of 12 August 2000, the following changes are made: 1 ° the § 1, 3 °, is replaced by the following provision: "" 3 ° direction of price control and accounts, responsible for including the materials referred to in article 23, § 2, paragraph 2, 12 ° bis 16 ° and 18 °; ".
2 ° a § 5, worded as follows is added: "§ § 5 5.» The commission shall, with the approval of the Minister, an auditor. This Réviseur d'Entreprises may exercise function with the transmission system operator, managers of distribution as well as producers, distributors and intermediaries network.
The auditor appointed in accordance with paragraph 1 of the checks the financial situation and the accounts of the commission and the regularity, the law of 12 April 1965 on the transport of gaseous and other products by this Act and their implementing decrees lines, operations in the annual accounts.
The draft budget of the commission shall be established by the Executive Committee, and is submitted to the Council of Ministers for approval before 30 October of the year preceding the year to which it relates.
The commission shall communicate the annual accounts together with the report of the Réviseur d'Entreprises established on the basis of paragraph 2, to the Minister, before May 1 of the year following the financial year concerned. » Art. 28A article 26 of the same Act the following changes are made: 1 ° in the § 1, the term "suppliers" shall be inserted between the words "distributors" and "intermediate";
2 ° the § 1 is supplemented by the following paragraph: "from January 1, 2003, the commission may also require of them and of the Committee of control of electricity and gas, without prejudice to the tasks assigned to the latter, information useful for the preparation of its tariff policy in the context of the implementation of the mission assigned to it in article 23. 14 bis °, 15 ° and 16 °;
» 3 ° in § 2, paragraph 1, the words "of the regions and" shall be inserted between the words "competent authorities" and "other Member States";
4 ° § 3 is repealed.
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29. article 27 of the Act is replaced by the following provision: «art.» 27 § 1. It is created within the commission a mediation service responsible for any dispute between a customer and a producer, dealer, supplier or intermediate...
The mediation service has the following missions: 1 ° examine all complaints from customers relating to the activities of the undertakings referred to in paragraph 1;
End-user complaints are admissible when the complainant began a preliminary approach to the undertaking concerned. Mediation service may refuse to process a claim when the complaint is related has been introduced with the undertaking concerned more than one year previously;
2 ° to mediate to facilitate a compromise settlement between the end customer and the producer, Distributor, supplier or intermediary;
3 ° making a recommendation to the producer, Distributor, supplier or intermediary, in case a compromise settlement agreement can be found. a copy of the recommendation is addressed to the complainant;
4 ° pronounce as arbiter in any dispute, with the exception of those referred to in articles 28 and 29, as the producer, Distributor, supplier or intermediary and the final customer shall submit to such arbitration on basis of an arbitration agreement entered into by the mediation service and the undertaking concerned, after the birth of the dispute, provided that the customer agrees to arbitration after the birth of this dispute; the mediation service cannot arbitrate disputes involving amounts exceeding 5,000 euros, this last amount linked to the consumer price index;
5 ° Orient final customers aimed at him in writing or orally to the best of their interest;
6 °, on its own initiative or at the request of the Minister or the commission, provide opinions on its missions.
In the event that a producer, Distributor, supplier or intermediary does not follow the recommendation referred to 3 ° of this paragraph, it has a time limit of 20 working days to justify its decision. The reasoned decision is sent to the complainant and the mediation service.
§ 2. Mediation service may, in connection with a complaint before it, take note, without moving, books, correspondence, minutes and generally all documents and all entries of the producer, Distributor, supplier or intermediary relating directly to the subject of the complaint.
It may require managers, officials and servants of the producer, distributor or intermediary all explanations or information and carry out any checks which are necessary for its consideration.
The information thus obtained is treated by mediation as confidential service, when the disclosure could harm the producer, Distributor, supplier or intermediary on a general level.
Within the limits of its remit, the mediation service receives instruction from any authority.
§ 3. The mediation service is composed of two members appointed by the King for a renewable term of five years. They belong to a different linguistic role. The mediation service acts as a college. However, mediators can agree delegations by collegiate decision approved by the Minister.
By Decree deliberated in the Council of Ministers, the King sets the rules of incompatibility with the mandate of Member of the mediation service, the minimum requirements of morality and competence and the rules on conflict of interest. The Minister shall adopt the basic principles to their remuneration.
Members of the mediation service may be removed only for cause.
§ 4. By Decree deliberated in the Council of Ministers, the King lays down the rules for the functioning of the mediation service.
The overload referred to article 25, § 3, also covers the costs of operation of the commission and the mediation service. The amount of the operating costs of the mediation service is fixed by Decree deliberated in the Council of Ministers, on basis of a budget proposal prepared by mediators and following consultation of the general Council of the commission.
Similarly, the amount of the overload applied under article 25, paragraph 3, is established on basis of a budget proposal prepared by the commission.
Mediators shall submit annually the draft budget of the mediation service to the opinion of the general Council of the commission.
Each year, the mediation service reported its activities. The report refers to the various complaints or types of complaints and the follow-up to these complaints, without directly or indirectly identify the complainants. The report is transmitted to the Minister and the legislative chambers, and the commission. It is made available to the public. » Art. 30. article 37 of the Act is repealed.
Chapter V. - Provision final art. 31. this Act comes into force on 1 July 2003, except:-articles 5, 11, 13, 15, 16, 18, 20, 22, 23 and 28, which come into force the day of their publication in the Moniteur belge.
-of article 27 (2), which enters into force on 1 January 2003;
-articles 3 and 19 of which the date of entry into force is determined by the King.
Brussels, 27 February 2003.
The president of the Chamber of representatives, H. DE CROO the clerk of the House of representatives, F. GRAULICH _ Note (1) Session 2002 - 2003.
House of representatives: parliamentary Documents. -Bill, no. 50 - 2208/1. -Amendments, Nos. 50-2208/2 and 3. -Report, n ° 50-2208/4. -Text adopted by the commission, no 50-2208/5.
Full record: 26 and 27 February 2003.

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