Message 002
Communication from the Commission - TRIS/(2023) 00561
Directive (EU) 2015/1535
Translation of the message 001
Notification: 2023/0098/B
No abre el plazo - Nezahajuje odklady - Fristerne indledes ikke - Kein Fristbeginn - Viivituste perioodi ei avata - Καμμία έναρξη προθεσμίας - Does not open the delays - N'ouvre pas de délais - Non fa decorrere la mora - Neietekmē atlikšanu - Atidėjimai nepradedami - Nem nyitja meg a késéseket - Ma’ jiftaħx il-perijodi ta’ dawmien - Geen termijnbegin - Nie otwiera opóźnień - Não inicia o prazo - Neotvorí oneskorenia - Ne uvaja zamud - Määräaika ei ala tästä - Inleder ingen frist - Не се предвижда период на прекъсване - Nu deschide perioadele de stagnare - Nu deschide perioadele de stagnare.
(MSG: 202300561.EN)
1. MSG 002 IND 2023 0098 B EN 08-03-2023 B NOTIF
2. B
3A. FOD Economie, KMO, Middenstand en Energie
Algemene Directie Kwaliteit en Veiligheid - Dienst Normalisatie en Competitiviteit - BELNotif
NG III – 2de verdieping
Koning Albert II-laan, 16
B - 1000 Brussel
be.belnotif@economie.fgov.be
3B. Vlaams Energie- en Klimaatagentschap
Koning Albert II-laan, 20
Bus 17
B - 1000 Brussel
4. 2023/0098/B - B00
5. Decree amending the Energy Decree of 8 May 2009 as regards grid management, energy efficiency and environmentally friendly energy production
6. Article 21 of the Decree introduces a clarification as to the ban on replacing fuel oil boilers when there is a natural gas connection.
7. -
8. Article 21 of the Decree introduces a clarification as to the ban on replacing fuel oil boilers when there is a natural gas connection. In order to avoid problems of interpretation, the text is clarified as follows: ‘if there is no natural gas network available in the street at the level of the building or if the building cannot be connected to the natural gas pipeline on the other side of the street by an under drilling operation’.
9. Article 11.1/1.3(2) of the Energy Decree of 8 May 2009 states that only if there is no natural gas network available in the street, in existing residential buildings and in non-residential buildings, from 1 January 2022, a fuel oil boiler or boiler body may still be replaced by another fuel oil boiler or boiler body, or that heating technology other than a fuel oil boiler may still be replaced by a fuel oil boiler.
That so-called fuel oil boiler ban therefore explicitly does not imply an obligation to connect to natural gas. Indeed, the provision fits in with the social context where a gradual and phased energy transition is chosen (and not to mention to promote soil protection and quality). Therefore, Article 11.1/1.3 of the Energy Decree of 8 May 2009 is in no way intended to be a push by the legislator towards the use of natural gas. Although a natural gas connection is an easy alternative to fuel oil, every citizen is free not to replace their fuel oil boiler with a natural gas burner connected to the natural gas distribution network, but to opt for another, more environmentally friendly alternative than a fuel oil boiler or a gas condensing boiler. The more sustainable heating alternatives, such as a heat pump or a hybrid heat pump, are of course preferable, but it is still possible to opt for an individual gas storage tank, for example, separate from a connection to a gas grid.
However, the wording ‘available in the street’ used in Article 11.1/1.3(2) of the Energy Decree of 8 May 2009 leaves room for interpretation and discussion in the context of enforcement. For example, it is not clear what needs to be done in a street where a natural gas network is present only partially, for example because the natural gas network stops in the middle of the street, bends at a junction in the direction of another street or skips small side streets (cul-de-sacs) with the same street name. According to the literal reading of Article 11.1/1.3(2), those cases also fall within the scope of the ban on placement or replacement. That, of course, is not desirable.
For these reasons, the text is clarified as follows: ‘if there is no natural gas network available in the street at the level of the building or if the building cannot be connected to the natural gas pipeline on the other side of the street by an under drilling operation’.
In this rewording, de facto, both sides of the street are referred to: indeed, the natural gas distribution system operator can generally technically provide a connection through under drilling, even if the natural gas pipeline is across the street. An exception to this is a regional road with four lanes, but these are often equipped with a double pipe, provided that there are buildings along such a road.
The wording ‘at the level of the building’ does not only mean the street with the house number. Indeed, a building located at the corner of a junction or adjacent to several streets could potentially receive a gas connection from different directions. However, this is an issue of fact, which requires a case-by-case approach.
10. Numbers or titles of basic texts: Energy Decree of 8 May 2009 as regards grid management, energy efficiency and environmentally friendly energy production
11. No
12. -
13. No
14. No
15. -
16. TBT aspect
NO - The draft does not have a major impact on international trade.
SPS aspect
NO - The draft does not have a major impact on international trade.
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European Commission
Contact point Directive (EU) 2015/1535
Fax: +32 229 98043
email: grow-dir2015-1535-central@ec.europa.eu
