4

The initial wording of Article 26 of the Order of the Brussels-Capital Region of 19 July 2001 concerning the organisation of the electricity market in the Brussels-Capital Region, which entered into force on 1 January 2003 (Moniteur belge, 17 November 2001, p. 39135) (‘the “Electricity” Order’) provided: ‘Paragraph 1 The holding of a supply licence issued on the basis of Article 21 shall entail the monthly payment of a charge by the natural or legal person holding the licence, hereinafter “the person liable”. Paragraph 2 The charge shall be due on 1 January of the financial year. It shall be payable by 31 March of the financial year. Paragraph 3 The charge shall be calculated on the basis of the power made available to eligible end customers by means of networks, service connections and direct lines of 70 kV or less at consumption sites located in the Brussels-Capital Region. For high-voltage customers, the power made available shall be the power of the connection. The power of connection shall be equal to the maximum power, expressed in kVa, made available under the connection contract. Where the connection contract does not refer to a maximum power or in the event that the power used is greater than the maximum power made available as stated in the connection contract, the connection power shall be equal to the maximum power, expressed in kVa, used during the previous 36-month period, multiplied by 1.2. For low-voltage customers, the power made available is the power determined by the capacity of the circuit breaking system, expressed in kVa. A table of equivalences between the nominal current intensity of the circuit breaking systems and power is annexed to the present order. Paragraph 4 The monthly charge shall be set at EUR 0.67 per kVa for high-voltage. The monthly charge for low-voltage shall be set according to the following scale: 1° Power made available lower or equal to 1.44 kVa: EUR 0.00; 2° Power made available between: 1.44 and 6.00 kVa: EUR 0.60 6.01 and 9.60 kVa: EUR 0.96 9.61 and 12.00 kVa: EUR 1.20 12.01 and 36.00 kVa: EUR 2.40 36.01 and 56.00 kVa: EUR 4.80 56.01 and 100.00 kVa: EUR 7.80. The amount is adjusted annually in accordance with the consumer price index of the Kingdom. ... Paragraph 5 The Government shall lay down measures implementing the present Article. It may, inter alia, require the operator of the distribution network, the operator of the regional transport network and the users of direct lines to provide it with data for the collection of the charge. The Government may entrust the operator of the distribution network with contacting taxpayers by post to require them to pay the charge. Such letters shall, inter alia, state the financial year, the basis for calculating the charge, the rate, the date for payment and the means of paying the charge. The sending or failure to send such a letter shall not, however, prejudice the rights and obligations of persons liable. Paragraph 6 The charge shall be collected and sought according to the rules laid down in Chapter 6 of the Order of 23 July 1992 concerning the regional tax on occupiers of buildings and persons holding real rights in certain immovable property. The deadline for the payment of the charge shall be set in accordance with Paragraph 3 of the present Article. Paragraph 7 The charge collected shall be allocated to the operator of the distribution network for the purpose of covering the costs of the public service tasks referred to in Article 24. [This provision was subsequently amended, increasing the number of persons to whom the charge collected is allocated and apportioning the charge.] Paragraph 8 The charge shall be due with effect from January 2004. Paragraph 9 Costs relating to the public service tasks referred to in Article 24 exceeding the amount of charges collected under the present article shall be borne by the operator of the distribution network as operating costs. The passing on of those costs in tariffs shall be governed by federal law. ...’