On 29 April 2010, parliament adopted a majority proposal to amend the Gas Act and to withdraw the Act of 10 March 2009. This Act is published in the Moniteur belge/Belgisch Staatsblad of today.
The 2009 Act provided for a different tariff regime for transit activities compared to transport activities. Following fierce reactions from the Belgian energy legislator CREG and letters from the European Commission, parliament decided to withdraw this differentiation.
The 2010 Act also abolishes the interpretation of article 15/19, reiterating the exemption of article 32.1 of the Second Gas Directive for historical transit contracts, concluded on the basis of the Transit Directive 91/296/EEC.
Finally, the 2010 Act stipulates that the exemption for those historical contracts expires on 2 March 2011. The executive can decide on an earlier date. Given the resignation of the federal government and the upcoming elections and coalition talks, this appears unlikely.
Friday 21 May 2010
New rules on transit of natural gas published in the Belgian official journal
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