16 JULY 2001. - An Act to amend the Act of April 12, 1965 on the carriage of gaseous and other products by pipeline and to confirm the Royal Decree of January 18, 2001 on the interim system to cover the operating costs of the Electricity and Gas Commission (CREG) (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. In Article 1^erthe following amendments are made to the Act of 12 April 1965 concerning the carriage of gaseous and other products by pipeline, as amended by the Act of 29 April 1999:
1° in 1°, the words "pressure of 760 millimetres of mercury column" are replaced by the words "absolute pressure of 1.01325 bar. »;
2° it is inserted a 7°bis, written as follows:
"7°bis "transit": the activity of carrying out the transport of natural gas without distribution or supply of natural gas in Belgian territory; »;
3° it is inserted a 12°bis, written as follows:
"12°bis "gas distribution facilities": pipelines, storage means, buildings, machines and, in general, all equipment necessary for the distribution of natural gas. »
Art. 3. In article 2, § 2, of the same law, replaced by the law of 29 April 1999, the word "gas" is replaced by the words "natural gas".
Art. 4. In article 15/3 of the same law, inserted by the law of 29 April 1999, in the Dutch text, the word "gregelde" is replaced by the word "gbruikelijke".
Art. 5. In section 15/5 of the Act, inserted by the Act of 29 April 1999, the following amendments are made:
1° in § 1^er, the words "on the basis of voluntary trade agreements with the transport company in question" are replaced by "on the basis of the tariffs set in accordance with § 2";
2° in § 1^er, the second sentence is replaced as follows:
"Without prejudice to regulated tariff provisions, access to the transportation network is negotiated in good faith. »;
3° § 2 is replaced by the following provision:
Ҥ2. The transport company submits, each year, to the approval of the Commission, the rates of connection and use of the transport network it operates, as well as the rates of auxiliary services. These tariffs must be established in accordance with the directions set out in paragraph 2, and with the general tariff structure established by the King on the Commission's proposal.
The rates referred to in paragraph 1^er must respond to:
1° they are non-discriminatory and transparent;
2° they are fixed according to costs and allow the transport company to cover all actual costs attributable to the tasks referred to in Articles 15/1, 1°, and 15/2;
3° they include a fair profit margin for the remuneration of capital invested in the transportation system to ensure the optimal development of the system in the long term;
4° to the extent possible, they aim to optimize the use of the capacity of the transport network;
5° they are sufficiently decomposed, including:
(a) depending on the terms and conditions of use of the transport network;
(b) in respect of auxiliary services;
(c) with regard to possible overloads for public service obligations;
6° the tariff structures take into consideration the reserved capacity and necessary to ensure the transport service.
After the advice of the Commission, the King rules on:
1° to the proposal and approval procedure for tariffs pursuant to paragraph 1^er;
2° to the publication of the tariffs referred to in paragraph 1^er;
3° to the reports and information that the transport company must provide to the Commission for the control of these tariffs by the Commission;
4° to the basic principles that the transport company must apply in terms of cost accounting;
5° to the objectives that the transport company must pursue in terms of cost control.
After consultation with the governments of the Regions, the King may, under the conditions it defines, extend the scope of application of paragraphs 1^er at 3 to the rates of connection to the distribution and use networks, as well as to the rates of auxiliary services provided by the distribution undertakings. »;
4° in § 3, 6°, the word "gas" is replaced by the words "natural gas";
5° in § 3, 7°, the words "in terms of access negotiation" are replaced by the words "for access";
6° in § 3, 8°, the words "of pricing and" are deleted;
7° in § 4, the word "gas" is replaced by the words "natural gas".
Art. 6. In section 15/6 of the Act, inserted by the Act of 29 April 1999, the following amendments are made:
1° in § 2, paragraph 1^er, the words ", companies producing electricity by cogeneration and companies producing electricity mainly for their own use" are inserted between the words "Electric producers" and "are eligible";
2° in § 2, paragraphs 2 and 3 are repealed;
3° § 3, paragraph 2, is replaced by the following paragraph: "The consumption threshold referred to in paragraph 1^er is lowered to 5 million m³ per year from 31 December 2000 per consumption site. »;
4° in § 3, paragraph 3, the number "2010" is replaced by the number "2006";
5° § 3 is supplemented by the following paragraph:
"In view of the evolution of the liberalization of the gas market in the other Member States of the European Union, the King may, by order deliberately in the Council of Ministers, after the opinion of the Commission, decrease the threshold set out in paragraph 2, and advance the date referred to in paragraph 3. »;
6° § 4, paragraph 2, is replaced by the following paragraph:
"The distribution undertakings are fully eligible from 1^er October 2006. »
Art. 7. In article 15/11 of the same law, inserted by the law of 29 April 1999, it is inserted a 3°, as follows:
"3° organize a fund, to be managed by the Commission, which:
(a) supports all or part of the actual net cost of the public service obligations referred to in 1° and 2°, to the extent that this cost would represent an unfair burden for enterprises held by these obligations. Where applicable, the calculation of the costs and losses referred to in 3°, (a) shall be carried out by each company concerned in accordance with the methodology established by the Commission and verified by the Commission;
(b) shall be financed by the holders of a supply authorization referred to in Article 15/3, by means of sampling, carried out under the above-mentioned supply authorization, on the quantities delivered, expressed in energy units, to the whole, or to objectively defined categories, of natural gas consumers, in accordance with the terms and conditions established by the same order.
Any order made under 3°, (b), is supposed to have never produced any effects if it has not been confirmed by law within six months of its effective date. »
Art. 8. In article 15/12, §§ 2 and 3, of the same law, inserted by the law of 29 April 1999, the words "gas sector" are replaced by the words "natural gas sector".
Art. 9. In section 15/14 of the Act, inserted by the Act of 29 April 1999, the following amendments are made:
1° in § 2, paragraphs 1^er and 2, 2°, the word "gas" is replaced by the words "natural gas";
2° § 2, paragraph 2, 4°, is replaced by the following provision:
"4° Instructs, in collaboration with the Energy Administration of the Federal Ministry of Economic Affairs, applications for the issuance of supply authorizations under section 15/3 and monitors compliance with the conditions of such authorizations; gives notice to that authority on applications for the issuance of transportation authorizations under section 3; »;
3° in § 2, paragraph 2, 6°, the words ", except for the tariffs referred to in Article 15/5, § 2," are inserted between the words "to the transport networks" and "and in control of the application..."
4° in § 2, paragraph 2, 9°, the words "gas sector" are replaced by the words "natural gas sector";
5° in § 2, paragraph 2, 9°, the words "transit" are inserted between the words "transport," and "distribution and storage of natural gas. »;
6° in § 2, paragraph 2, it is inserted a 9°bis, written as follows:
"9°bis approves the rates referred to in Article 15/5, § 2, paragraph 1^erand in control the application by transport companies with respect to their respective networks; »;
7° in § 2, paragraph 2, 11°, the words "liberalized gas market" are replaced by the words "liberalized natural gas market";
8° § 2 is supplemented by the following paragraph:
"The Commission shall render its notices and proposals within forty calendar days of the application, unless the Minister provides for a longer period of time. The Minister may provide for a shorter period for the notices requested under section 23. »;
9° under § 2, paragraph 2, Article 15/14 is supplemented by the following paragraph:
“§4. In the course of carrying out tasks assigned to it under § 2, paragraph 2, 4, 6°, 7°, 8°, 9°, 9°bis and 11°, the Chairman of the Board's Management Committee may require the assistance of the officials of the Energy Administration and the Administration of the Economic Inspection of the Ministry of Economic Affairs, who are designated in accordance with Article 18, paragraph 5. »
Art. 10. In section 15/15 of the Act, inserted by the Act of 29 April 1999, and amended by the Act of 12 August 2000, the following amendments are made:
1° in § 3, 2°, inserted by the law of 29 April 1999, the number "9°bis" is inserted between the numbers "9°" and "10°";
2° in § 3 and § 4, the words "gas market" are replaced by the words "natural gas market".
Art. 11. In Article 15/16, § 1^er, from the same law, inserted by the law of 29 April 1999, the words "gas companies" are replaced by the words "natural gas companies".
Art. 12. Section 15/17 of the Act, inserted by the Act of 29 April 1999, is replaced by the following provision:
"Art. 15/17. The conciliation and arbitration service, organized by the Commission, pursuant to section 28 of the Act of 29 April 1999 on the organization of the electricity market, may be sought for disputes relating to transport and supply activities. These disputes may include access to transport networks or upstream facilities or the application of the code of good conduct and tariffs referred to in Article 15/5, § 2. »
Art. 13. In section 18 of the Act, as amended by the Act of 29 April 1999, the following amendments are made:
1° between paragraph 1^er and paragraph 2, which becomes paragraph 4, are inserted two new paragraphs, as follows:
"Public servants referred to in paragraph 1^er may:
1° access to buildings, workshops and their outbuildings during opening or working hours, when necessary for the exercise of their mission;
2° make all useful findings, be produced and seized of the documents, documents, books and objects necessary for the investigation and the finding.
Where such acts are of a search, they may not be performed by the agents referred to in paragraph 1^er on the authorization of the investigating judge or the presiding judge of the court of first instance seized upon request. »;
2° it is added a paragraph 5, to read:
"The King shall designate the officers who are competent for administrative control of compliance with the provisions of this Act and the decrees made pursuant to it. »
Art. 14. In section 20/2, inserted by the law of 29 April 1999, the words "national gas market" are replaced by the words "national natural gas market".
Art. 15. The Royal Decree of January 18, 2001 on the interim system to cover the operating costs of the Electricity and Gas Commission (CREG) is confirmed with effect on February 2, 2001, the date of its entry into force.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 16 July 2001.
ALBERT
By the King:
Deputy Prime Minister and Minister of Mobility and Transport,
Ms. I. DURANT
The Secretary of State for Energy,
O. DELEUZE
Seal of the seal of the state:
Minister of Justice,
Mr. VERWILGHEN
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Note
(1) Session 2001.
Room.
Documents. - Bill, 50 1242/1. - Amendments, 50 1242/2. Report, 50 1242/3. - Text adopted by the Commission, 50 1242/4. - Bill passed in plenary and transmitted to the Senate, 50 1242/5.
Annales parliamentarians. - Discussion and voting. Session du 14 juin 2001.
Senate.
Documents. - Project transmitted by the House of Representatives, 2-784/1. Report on behalf of the Commission, 2-784/2. - Text corrected by the Commission and adopted in plenary meeting, 2-784/3.