belgiquelex.be - Carrefour Bank of Legislation

8 JULY 2015. - An Act to amend the Act of April 12, 1965 relating to the carriage of gaseous and other products by pipeline (1)

PHILIPPE, 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 74 of the Constitution.
Art. 2. In Article 1^er of the Act of 12 April 1965 on the transport of gaseous and other products by pipelines, last amended by the Act of 8 May 2014, it is inserted a 25° sexies as follows:
"25° sexies : "Regulation (EU) No 312/2014" : Commission Regulation (EU) No 312/2014 of 26 March 2014 concerning the establishment of a network code on the balancing of the gas transport networks;".
Art. 3. In chapter IV of the Act, last amended by the Act of 8 May 2014, a section III, entitled:
"Section III. Joint balancing company".
Art. 4. In section III inserted by article 3, an article 15/2bis is inserted as follows:
"Art. 15/2bis. § 1^er. Without prejudice to section 15/2quater, the natural gas transport network manager may delegate the management of the maintenance of the balance of the natural gas transport network to a common undertaking, established with one or more managers of natural gas transport networks of other member states. Only the manager of the natural gas transport network and managers of the natural gas transport networks of one or more member States, which are certified in accordance with sections 9 and 10 of Directive 2009/73/EC, or are exempt from certification by section 49, (6), of Directive 2009/73/EC, may participate in the said joint undertaking.
§ 2. The joint venture is constituted in the form of an anonymous company, having its head office in a Member State of the European Economic Area.
Articles 8/3, § 1^er/1, paragraphs 3 to 5, 8/4 and 8/5 apply to the joint venture.
§ 3. The joint venture establishes and implements a program of commitments that contains measures to ensure that discriminatory and anti-competitive practices are excluded. This commitment program lists the specific obligations imposed on employees to ensure that the objective of excluding discriminatory and anti-competitive practices is met.
The engagement program also determines the precautions to be taken by the joint enterprise in order to preserve the confidentiality of the commercial data relating to users of the network active in the balancing area of which the joint enterprise assumes responsibility.
The engagement program is submitted for approval to the CAB, after advice from the Board.
Any changes to the engagement program are submitted for approval to the CAB, after the Board has advised. ".
Art. 5. In the same section III, an article 15/2ter is inserted as follows:
"Art. 15/2ter. § 1^er. The joint enterprise referred to in Article 15/2bis shall appoint, after approval by the Commission, a natural or legal person, known as the "manager responsible for the fulfilment of commitments".
The Board may refuse approval referred to in paragraph 1^er because of a lack of independence or professional abilities.
If a shareholder of the joint venture is a manager of a natural gas transport network in another Member State that is part of a vertically integrated undertaking, the compliance framework may not, directly or indirectly, in the year prior to its designation by the joint undertaking, have engaged in an activity or professional responsibility, have held an interest or have maintained a commercial relationship with or with the vertically integrated company that provides a performance function or This prohibition also applies after the termination of office for at least eighteen months.
The terms and conditions governing the mandate or conditions of employment, including the duration of its mandate, of the compliance framework are subject to the Commission's approval. These conditions guarantee the independence of the commitment framework, including by providing all the resources necessary for the performance of its functions. The mandate of the compliance framework does not exceed three years and may be renewed.
For the duration of its mandate, the compliance framework may not - directly or indirectly - exercise employment or professional responsibility or have an interest in shareholders of the joint venture or in shareholders who control it.
The Commission directs the joint enterprise to issue the framework for compliance with commitments in the event of a lack of independence or professional capacity.
§ 2. The framework responsible for meeting the commitments is present at all relevant meetings of the joint venture, in particular when it comes to the balancing model, especially with regard to tariffs, the balancing contract, transparency, balancing, purchasing and selling energy that is necessary for the balance of the network of the balancing area for which the joint venture is responsible.
The compliance framework has access to all relevant data, the premises of the joint venture and all information that is necessary to carry out its tasks without prior announcement.
§ 3. The compliance framework carries out the following tasks:
1° monitor the implementation of the joint undertaking program;
2° establish a report on trade and financial relations between the joint venture and the vertically integrated enterprise or part of it and/or with shareholders who exercise control, other than the manager of the natural gas transport network. Where applicable, the commitments framework makes recommendations for the engagement program and outlines the actions that have been taken in the implementation of the commitments program. This report is provided no later than 1^er March of each year to the Commission;
3° bring to the Commission without delay any failure in the implementation of the commitment program. ".
Art. 6. In the same section III, an article 15/2quater is inserted as follows:
"Art. 15/2quater. § 1^er. In the case that the manager of the natural gas transport network delegates the maintenance of the balance of the natural gas transport network to a joint venture in accordance with section 15/2bis, the manager of the natural gas transport network retains responsibility for the integrity of the system and for the operational management of its network, including incidents and emergencies, for which it executes the specific measures set out in this Act, Regulation No. 994/
§ 2. Any modification or extension of the balancing area whose management of the balance of the natural gas transport network is delegated to a joint undertaking in accordance with Article 15/2bis, paragraph 1^er, is only effective if notified by the manager of the natural gas transport network to the Federal Authority for the Safety of Gas Supply referred to in Article 15/13, § 6, no later than six months before its entry into force.
The notification shall include at least the following:
1° a complete description of the modification or extension of the proposed balancing area;
2° the details of the impact of this change on the role, tasks and responsibilities of the natural gas transport network manager; and
3° a complete assessment of the consequences of this amendment on the security of supply of the country and the monitoring work of the country to be carried out continuously by the competent authority.
The implementation by the joint enterprise of a balancing zone beyond the borders of Belgium, as well as any modification or extension of such a cross-border balancing zone, cannot in any way adversely affect the security of supply of Belgium, to damage the provision by the manager of the natural gas transport network of data in real time enabling the competent authority to ensure that ".
Art. 7. In the same section III, an article 15/2quinquies is inserted as follows:
"Art. 15/2quinquies. § 1^er. Regulation (EU) No. 312/2014, as well as all the provisions of this Act and its enforcement orders, which relate to the balancing activities of the joint enterprise referred to in Article 15/2bis, to the extent that they are not inconsistent with Regulation (EU) No. 312/2014, apply to the joint enterprise.
Specifically, articles 15/16, 15/18, 15/18bis, 15/20, 15/20bis, 15/21, 15/22, 18, 19bis, 20, 20/1, 20/1bis, 20/2 and 23 apply to the joint venture.
§ 2. The Commission is competent to exercise, in respect of the joint enterprise referred to in Article 15/2bis, the tasks set out in Article 15/14, § 2, paragraph 2, with the exception of items 26°, 30°, 31°, 32° and 33°, to the extent that they relate to the balancing activities to be carried out by the joint enterprise.
The Commission approves, on the proposal of the joint venture:
1° the balancing contract and, where applicable, the balancing code that governs the rights and obligations of the joint enterprise and users of the network as part of the balancing activity.
The balancing contract and, where applicable, the balancing code contain in any case a detailed manner:
(a) definitions of terminology used in the balancing contract;
(b) the purpose of the balancing contract;
(c) the conditions under which the balancing activity is provided by the joint venture;
(d) rights and obligations related to the balancing activity provided;
(e) Billing and payment modalities;
(f) financial guarantees and other guarantees;
(g) the liability provisions for the joint enterprise and users of the network;
(h) the impact of force majeure cases on the rights and obligations of the parties;
(i) the provisions relating to the negotiability and assignment of the balancing contract;
(j) the duration of the balance contract;
(k) the provisions relating to the suspension and termination of the balancing contract, with the exception of express fixed clauses in the head of the joint venture;
(l) the modes of notification agreed between the parties;
(m) the provisions applicable when the network user provides incorrect or incomplete information;
(n) the conflict resolution regime;
(o) the applicable law;
(p) the rules and procedures that apply to the integrated balancing area and the balancing model.
2° the balancing program, which describes the balancing model;
3° the balancing rates.
The proposal of the balancing contract, the balancing program and the balancing code, as well as their possible changes, is prepared by the joint enterprise after consultation with the company users of the network. To this end, the joint venture creates a consultative structure within which it can meet users of the network. The joint venture prepares a report on this consultation that it attaches to the documents submitted for approval. To the extent that the joint venture is not yet incorporated at the time of the initial consultation of network users on the balancing contract, the balancing program and the balancing code, this consultation will be carried out by the natural gas transport network manager. The Commission may, in the light of the changes in market circumstances, including new or amended legislation or regulations, and/or in the light of its assessment of market operation, require the joint undertaking to adapt the balancing contract, the balancing program and the approved balancing code and to submit to it for approval a proposed amendment to that effect.
Article 15/5bis, §§ 1^er, 7 and 8, 10 and 11, 13 and 14, is applicable mutatis mutandis to the tariff proposal introduced by the joint undertaking, to the balance rates and to their approval by the Commission.
§ 3. When the balancing area exceeds the borders of Belgium, the Commission cooperates with the CAB and with the regulatory authorities of the Member States concerned to control the balance of this balancing zone.
The Commission and the competent regulatory authorities of the other Member States concerned may agree to an agreement pursuant to Article 15/14quater, § 1^er, paragraph 4, for the regulation of the said joint venture.".
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 8 July 2015.
PHILIPPE
By the King:
Minister of Energy, Environment and Sustainable Development,
Ms. M.C. MARGHEM
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Note
(1) House of Representatives:
(www.lachambre.be)
Documents: 54-1127 (2014/2015)
Full record:
25 June and 1^er July 2015.