LexInter | June 12, 2017 | 0 Comments


Article 15

The public natural gas service is organized, each as far as it is concerned, by the State and the municipalities or their public cooperation establishments.

Article 16

Public service obligations are imposed:

– on operators of natural gas transmission and distribution networks and on operators of liquefied natural gas installations mentioned in Article 2;

– to the suppliers and distributors mentioned in Articles 3 and 5;

– holders of underground natural gas storage concessions governed by Title V bis of Book I of the Mining Code.

They relate to:

– the safety of people and installations upstream of the connection of end consumers;

– continuity of gas supply;

– security of supply;

– the quality and price of the products and services provided;

– Environmental protection ;

– energy efficiency ;

– balanced development of the territory;

– the supply of last resort gas to non-domestic customers carrying out missions of general interest;

– the maintenance, in accordance with article L. 115-3 of the social action and families code, of a supply to people in precarious situations.

These obligations vary according to the different categories of operators under conditions set by a decree of the Council of State which also determines the procedures for monitoring their compliance.

The public service obligations which, as the case may be, are specified by the authorizations for the supply or transport of natural gas, the concessions for underground natural gas storage, the specifications of the concessions and the regulations of the boards mentioned in second paragraph of II of article L. 2224-31 of the general code of local authorities.

Article 17

Agreements can be concluded between public and private lessors managing a stock of more than 100 social housing units and distributors with a view to improving the safety of people and internal natural gas installations in the housing concerned, and controlling demand. of energy.

The agreements provided for in Article L. 261-4 of the Social Action and Families Code may provide for diagnostics making it possible to ensure the safety of internal natural gas installations and, if necessary, assistance for their implementation. conformity.

In the event of the sale of real estate for residential use comprising an indoor natural gas installation, the warranty exemption clause for hidden defects provided for in Article 1643 of the Civil Code can only be stipulated if a diagnosis of this installation is annexed to the authentic deed recording the completion of the sale. This certificate must have been drawn up for less than a year on the date of the authentic instrument.

The terms of application of this article are the subject of a decree by the Council of State.

Article 18

I. – The Minister in charge of energy draws up and makes public, after consulting the professional representatives concerned, a multi-year indicative plan describing, on the one hand, the foreseeable evolution of the national demand for natural gas supply and its distribution geographical area and, on the other hand, the investments programmed to complete the infrastructure of the natural gas supply network, whether it be underground storage, liquefied natural gas terminals, transport pipelines or waterworks. interconnection with neighboring countries.

It is the subject of a report presented each year to Parliament by the Minister responsible for energy.

II. – In the event of a threat to the security of the country’s natural gas supply, the Minister in charge of energy may order the strictly necessary precautionary measures, in particular as regards the granting or suspension of supply or transport authorizations and concessions for underground natural gas storage. The methods of application of this II are, as necessary, specified by a decree of the Council of State.

Article 19

I. – Article 3 of the aforementioned law n ° 2000-108 of 10 February 2000 is thus amended:

1 ° In the sixth paragraph, the words: “A national observatory of the public electricity service” are replaced by the words: “A national observatory of the public service of electricity and gas”;

2 ° The same paragraph is completed by a sentence worded as follows:

“Each year it submits to Parliament and the Government a report on the evolution of gas and electricity sales tariffs for each type of customer. “;

3 ° In the seventh paragraph, after the words: “electricity sector,” are inserted the words: “of Gaz de France and other operators of the gas sector,”;

4 ° The last four paragraphs are replaced by a paragraph worded as follows:

“Membership of this observatory does not give rise to any remuneration. ”

II. – In the last paragraph of article 10 of the same law, the words: “National observatory of the public service of electricity” are replaced by the words: “National observatory of the public service of electricity and gas”.

Article 20

The third paragraph of III of article 44 of the aforementioned law n ° 2000-108 of February 10, 2000 is replaced by four paragraphs thus worded:

“An observatory of the diversification of the activities of Electricité de France and Gaz de France intended to end customers present on national territory, meeting at least twice a year, issues:

“- as regards Electricité de France, a reasoned opinion on any matter falling under the application of II and this III;

“- as regards Gaz de France, a reasoned opinion on any question relating to offers related and complementary to the supply of gas.

“It can, at any time, be seized by the Minister in charge of energy of requests for opinions or studies on these same questions. “

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