An Act To Amend The Act Of 29 April 1999 On The Organisation Of The Electricity Market In Relation To The Procedure Of Tender For The Establishment Of New Facilities For The Production Of Electricity And The Financing Of Measures

Original Language Title: Loi modifiant la loi du 29 avril 1999 relative à l'organisation du marché de l'électricité en ce qui concerne la procédure d'appel d'offres pour l'établissement de nouvelles installations de production d'électricité et le financement de mesures relatives

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belgiquelex.be - Carrefour Bank of Legislation

15 MAI 2014. - An Act to amend the Act of 29 April 1999 on the organization of the electricity market with respect to the tender procedure for the establishment of new electricity production facilities and the financing of electricity production measures and to amend the organic law of 27 December 1990 creating budgetary funds (1)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 78 of the Coordinated Constitution.
It partially transposes Directive 2009/72/EC of the European Parliament and Council of 13 July 2009 on common rules for the domestic electricity market and repeals Directive 2003/54/EC.
Art. 2. In Article 5, § 4, of the Act of 29 April 1999 on the organization of the electricity market, the following amendments are made:
1st to 2nd, the words "When the specifications contain incentives, it must be previously approved by the Council of Ministers." are inserted between the words "of the tender." and the words "in accordance with Article 21,"
2° this paragraph shall be supplemented by two paragraphs as follows:
"In the absence of the funding mechanism referred to in paragraph 2, incentives are funded by the Ways and Means Budget.".
"Incentives awarded following the tender procedure are not subject to taxation."
Art. 3. In the same law, an article 5bis is inserted as follows:
"Art. 5bis. A budget fund entitled "flexible electricity generation" 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 powered annually by a third of the royalty paid to the State under section 4/1 of the Act of 31 January 2003 on the progressive release of nuclear energy for industrial electricity production.
The means of this fund can be used to mitigate the impact on consumers of the necessary measures to maintain and/or develop flexible power generation capacities to ensure supply security and network balance. The King defines the terms and conditions of use of this fund by order deliberately in the Council of Ministers. ".
Art. 4. In the table, attached to the organic law of 27 December 1990 creating budgetary funds, section 32 Economy, P.M.E., Average classes and energy is supplemented by the following provisions:
"Denomination of the organic budget fund:
32-21 Flexible electricity production fund
Nature of income affected:
A third of the royalty paid to the State under section 4/1 of the Act of 31 January 2003 on the progressive release of nuclear energy for industrial electricity production.
Nature of authorized expenditures:
Measures necessary to maintain and/or develop flexible power generation capacities to ensure supply security and network balance.
Art. 5. In section 7 of the Act, a paragraph 1 is inserted.erter as follows:
§ 1erter A budget fund entitled "wind production in the North Sea" 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 powered annually by two thirds of the royalty paid to the State under section 4/1 of the Act of 31 January 2003 on the progressive release of nuclear energy for industrial electricity production.
The means of this fund may be used to mitigate the impact on consumers of measures taken under paragraph 1er to enable the development of wind production capacities in the North Sea. The King defines the terms and conditions of use of this fund by order deliberately in the Council of Ministers. ".
Art. 6. In the table, attached to the organic law of 27 December 1990 creating budgetary funds, section 32 Economics, P.M.E., middle classes and Energy is supplemented by the following provisions:
"Denomination of the organic budget fund:
32-22 Wind farm in the North Sea
Nature of income affected:
Two thirds of the royalty paid to the State under section 4/1 of the Act of 31 January 2003 on the progressive release of nuclear energy for industrial electricity production.
Nature of authorized expenditures:
Measures taken to enable the development of wind production capacities in the North Sea."
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 15 May 2014.
PHILIPPE
By the King:
Deputy Prime Minister and Minister of the Interior and Equal Opportunities,
Ms. J. MILQUET
The Secretary of State for Energy,
Mr. WATHELET
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) House of Representatives (www.lachambre.be):
Documents: 53-3457 - 2013/2014
Full report: 2 and 3 April 2014
Senate (www.senate.be):
Documents: 5-2839 - 2013/2014.