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25 DECEMBER 2016. - Act respecting various energy provisions (1)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
CHAPTER 1 - General provisions
Article 1. This Act regulates a matter referred to in Article 74 of the Constitution.
It partially transposes Directive 2009/72/EC of the European Parliament and Council of 13 July 2009 on common rules for the domestic electricity market and repeals Directive 2003/54/EC and Directive 2009/73/EC of the European Parliament and Council of 13 July 2009 on common rules for the domestic natural gas market and repeals Directive 2003/55/EC.
CHAPTER 2. - Amendment of the Act of 29 April 1999 on the organization of the electricity market
Art. 2. In section 31, paragraph 1, of the Act of April 29, 1999 on the organization of the electricity market, last amended by the Act of May 8, 2014, the words "one thousand euros, nor, in total, more than two million euros or 3" are replaced by the number "10" and the words ", if the latter amount is higher" are repealed.
CHAPTER 3. - Amendments to the Act of 12 April 1965 on the carriage of gaseous and other products by pipelines
Section 1. - Interconnection
Art. 3. Section 1 of the Act of 12 April 1965 on the transport of gaseous and other products by pipelines, last amended by the Act of 8 July 2015, is inserted a 60° bis, which reads as follows:
"60° bis: "Manager of an interconnection": a natural or legal person who manages an interconnection and is designated in accordance with section 8/1bis.".
Art. 4. In the same Act, an article 8/1bis is inserted:
"Art. 8/1bis. Before a natural or legal person is designated as manager of an interconnection, it is certified in accordance with the procedure referred to in Article 8, § 4ter.".
Art. 5. Section 15/5bis of the Act, inserted by the Act of 1 June 2005, replaced by the Act of 8 January 2012 and last amended by the Act of 28 June 2015, is supplemented by a paragraph 15, which reads as follows:
"§ 15. The connection to - and the use of an interconnection and, where appropriate, the services offered by the manager of an interconnection in accordance with Article 15/5undecies, § 3, shall be subject to a tariff methodology established by the commission in accordance with the provisions of this paragraph from 1 October 2018.
After consultation with interconnection managers and with the regulatory authorities of the other EU Member States whose territory is crossed by interconnections, and after a structured, documented and transparent market consultation, the Commission sets out the tariff methodology that forms the basis of tariffs.
The tariff methodology includes at least the rules concerning:
(a) the principles of tariff determination;
(b) the procedure for introducing and approving tariff reports, which contain a record of actual costs and revenues over the past tariff period.
The underlying tariff rates and rate methodology are objective, transparent, non-discriminatory and in accordance with Regulation (EU) No. 715/2009 and any legally binding decision of the European Commission and/or ACER.
The manager of an interconnection develops his tariffs in accordance with the Commission's tariff methodology. The commission and manager of an interconnection publish, at least on their respective websites, the methodology set. The manager of an interconnection also publishes the rates prior to their entry into force and makes them available to all persons who apply.
The Commission is competent, if any, to require the manager of an interconnection to amend the rates referred to in this paragraph so that the rates are proportionate and are subject to non-discriminatory application.
In the event of refusal or delay in setting the tariff methodology and/or tariffs referred to in this paragraph, the Commission shall, after notification to the manager of an interconnection, be empowered to establish a tariff methodology and/or interim tariffs and to make a decision on appropriate countervailing measures if the tariff methodology and/or final tariffs differ from the tariff methodology and/or tariffs set provisionally.
An appeal may be lodged with the Brussels Court of Appeal by any person concerned against the fixed rate methodology and/or the provisional rates set by the Commission in accordance with Article 15/20.
Regardless of its ownership regime or legal form, when it establishes, introduces for control with its reviser and publishes its annual accounts, the manager of an interconnection shall comply with the national requirements for annual accounts of the specified capital corporations pursuant to Council Directive 78/660/EEC of 25 July 1978, based on Article 44, paragraph 2, in (g) of the Treaty and with respect to the annual accounts of certain forms of companies. In the course of their audit, the reviewers specifically verify that the obligations relating to the prevention of discrimination and cross-subsidies, as referred to in paragraph 10, are met.
In order to avoid discrimination, cross-subsidies and competition distortions, the manager of an interconnection holds separate accounts in his internal accounts for each of his transportation, distribution, LNG and storage activities, as should be the case if these activities were carried out by separate companies. It also establishes annual, consolidated or non-consolidated accounts for its other activities in the gas sector, which are not related to transport, distribution, LNG or storage. Where applicable, it maintains consolidated accounts for other activities outside the gas sector. It includes in the internal accounts a balance sheet and a results account for each activity.
Without prejudice to the applicable national accounting requirements, the manager of an interconnection indicates in his internal accounting the rules that he applies for the imputation of assets and liabilities, expenses and products, as well as for the depreciation of the separate accounts referred to in paragraph 10. These internal rules can only be changed exceptionally. Such amendments are indicated and duly reasoned.
In its annual accounts report, the interconnection manager identifies all significant transactions with related or associated companies in the relevant fiscal year.".
Art. 6. Section 15/5undecies of the Act, inserted by the Act of 1 June 2005 and amended by the Act of 27 December 2006, is supplemented by a paragraph 3, which reads as follows:
§ 3. The manager of an interconnection is required to meet the following obligations:
1° it develops, operates and maintains interconnection and controls the safety, reliability and effectiveness of interconnection, in economically acceptable conditions, in respect of the environment and energy efficiency;
2° the European network codes and directives adopted on the basis of Regulation (EC) No 715/2009 are applicable to the manager of an interconnection, taking into account the particular nature of an interconnection;
3° all network users have access to short- and long-term interconnection and transport services in a non-discriminatory and transparent manner, using a transport contract;
4° the conditions of access to interconnection and transport services, including the procedures for allocation of capacity and management of congestion, must promote the effectiveness of cross-border gas exchanges and competition. They aim to converge with conditions of access to transport services, including procedures for allocation of capacity and congestion management, interconnected transport networks.
Prior to its entry into force, the manager of an interconnection develops a contract of carriage that defines in detail the obligations mentioned above. The contract of carriage consists of an access contract, an access regulation and an access program. After consulting the contract, the contract of carriage is subject to the approval of the commission by the manager of an interconnection.
The Commission is competent to, where appropriate, require an interconnection manager to modify the terms and conditions of the contract of carriage in order to ensure that they are proportionate and applied in a non-discriminatory manner.
Any modification of the contract of carriage, at the initiative of the manager of an interconnection or at the request of the commission, may come into force only after a market consultation and subject to approval by the commission. ".
Art. 7. In Article 15/14, § 2, paragraph 2, of the same Act, inserted by the Act of 29 April 1999 and last amended by the Act of 8 May 2014, the following amendments are made:
1° to 5°, the words ", an interconnection" are added between the words "LNG installation" and "natural gas storage facility";
2° a 6° bis is inserted, written as follows: "6° bis approves the contract of carriage for access to an interconnection;"
3° to 24°, the words ", from the manager of an interconnection" are added between the words "of the manager of the natural gas transport network," and the words "of suppliers";
4° to 26°, the words "an interconnection," are added between the words "natural gas transport network," and the words "storage installation";
5° to 29°, the words "and the manager of an interconnection" are added between the words "of the natural gas network manager" and the words ", the methods used";
6° to 31°, the words "prove relevant information on the measures necessary to strengthen the network" are replaced by the words "and the manager of an interconnection provide relevant information on the measures necessary to strengthen the transport network or interconnection".
Art. 8. In section 15/18, paragraph 1, of the same Act, inserted by the Act of April 29, 1999 and replaced by the Act of January 8, 2012, the words "the manager of an interconnection," are added between the words "the manager of the natural gas transport network," and the words "the natural gas storage facility manager".
Art. 9. In section 25 of the same law, inserted by the law of June 1, 2005, the words "of application neither to the facilities of the Interconnector nor to those" are replaced by the words "no application to the facilities".
Section 2- Regulatory authority: independence, function and powers
Art. 10. In article 20/2, paragraph 1st, of the same law inserted by the law of 29 April 1999, last amended by the law of 8 May 2014, the words "one thousand euros, nor, in total, more than two million euros or 3" are replaced by the number "10" and the words "if the latter amount is higher" are repealed.
CHAPTER 4. - Repeal of the Act of 8 December 2006 establishing a sampling to combat the non-use of an electricity production site by a producer
Art. 11. The Act of 8 December 2006 establishing a sampling to combat the non-use of an electricity production site by a producer is repealed.
CHAPTER 5. - Confirmation of royal decrees under the law of 29 April 1999 on the organization of the electricity market and the law of 12 April 1965 on the transport of gaseous and other products by pipelines
Art. 12. The Royal Decree of December 18, 2015 amending the Royal Decree of March 24, 2003, setting out the terms of the federal contribution for the financing of certain public service obligations and the costs related to the regulation and control of the electricity market and the Royal Decree of April 2, 2014 setting out the terms of the federal contribution for the financing of certain public service obligations and the costs related to the regulation and control of the natural gas market is confirmed with effect 2016.
Art. 13. The Royal Decree of December 26, 2015 determines the 2016 amounts of funds for the financing of the real cost resulting from the application of maximum prices for the supply of electricity and natural gas to residential protected customers is confirmed with effect on January 1, 2016.
CHAPTER 6. - Final provisions
Art. 14. Chapter 4 comes into force on January 1, 2017.
Art. 15. Chapter 5 comes into force on the day of the publication of this Act to the Belgian Monitor.
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 25 December 2016.
PHILIPPE
By the King:
The Minister of Energy,
M.C. MARGHEM
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Note
(1) House of Representatives
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Full report : December 21, 2016