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28 JUIN 2015. - Act respecting various energy provisions (1)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - General provisions
Article 1^er. This Act regulates a matter referred to in Article 74 of the Constitution.
Art. 2. This Act partially transposes Directive 2012/27/EU of the European Parliament and Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC.
CHAPTER II. - Amendments to the Act of 29 April 1999
on the organization of the electricity market
Art. 3. In section 2 of the Act of 29 April 1999 on the organization of the electricity market, last amended by the Act of 8 May 2014, a 24° sexies is inserted as follows:
"24° sexies "Directive 2012/27/EU": Directive 2012/27/EU of the European Parliament and the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC;".
Art. 4. In the same law, an article 4ter is inserted as follows:
"Art. 4ter. A budget fund entitled "Energy Transition Fund" is created. It is a budgetary fund within the meaning of section 62 of the Act of 22 May 2003 on the organization of the federal state budget and accounting.
It is fuelled by the royalty paid to the federal State in accordance with Article 4/2 of the Act of 31 January 2003 on the progressive release of nuclear energy for industrial electricity production.
The King determines the terms and conditions of use of this fund by order deliberately in the Council of Ministers. ".
Art. 5. In Article 12, § 5, paragraph 1^er, of the same law, last amended by the law of January 8, 2012, it is inserted a 25° written as follows:
"25° the tariffs do not contain any inducement to the overall efficiency of the market and the electrical system (including energy efficiency) or that may hinder the participation of consumer effacements, adjustment markets and the provision of auxiliary services. The tariffs aim to improve efficiency with respect to both the design and operation of the infrastructure and encourage suppliers to improve the participation of the final customer in the overall efficiency of the electrical system, including the deletion of consumption. ".
Art. 6. In Article 23, § 1^er, paragraph 2, of the same law, last amended by the law of 8 May 2014, it is inserted a 5° bis as follows:
"5° bis encourage demand-driven resources, such as consumer effacements, to participate in the wholesale market in the same way as supply-related resources."
CHAPTER III - Amendment of the Act of 12 April 1965
related to the transport of gaseous and other products by pipelines
Art. 7. Article 15/5 bis, § 5, paragraph 1^er, of the law of 12 April 1965 on the transport of gaseous and other products by pipelines, last amended by the law of 8 January 2012, it is inserted a 23° written as follows:
"23° the tariffs do not contain any inducement to the overall efficiency (including energy efficiency) or that could hinder the participation of consumer effacements, adjustment markets and the provision of auxiliary services. The tariffs aim to improve efficiency in both the design and operation of infrastructure. ".
CHAPTER IV - Amendment of the Organic Law
of 27 December 1990
Art. 8. Section 32 Economy, P.M.E., Average Classes and Energy of the Table annexed to the Organic Law of 27 December 1990 creating budgetary funds, is supplemented by the following:
"Denomination of the organic budget fund:
32-24 Energy Transition Fund
Nature of income affected:
The royalty paid to the federal State under section 4/2 of the Act of 31 January 2003 on the progressive release of nuclear energy for industrial electricity production.
Nature of authorized expenditures:
1° Measures to encourage and support research and development in innovative energy projects under federal jurisdiction.
2° Measures to maintain and/or develop and/or search for any system to ensure security of supply and/or balance of the network, including energy production and storage, including demand management. ".
CHAPTER V - Entry into force
Art. 9. This Act comes into force on the day of its publication in the Belgian Monitor.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 28 June 2015.
PHILIPPE
By the King:
The Minister of Energy,
Environment and Sustainable Development,
Ms. M.C. MARGHEM
Seal of the state seal:
The Minister of Justice,
K. GEENS
____
Note
(1) House of Representatives:
(www.lachambre.be)
Documents: 54-1046 (2014/2015).