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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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014011341&caller=list&article_lang=F&row_id=700&numero=717&pub_date=2014-06-02&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-06-02 Numac: 2014011341 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES average and energy may 15, 2014. -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 relating to the production of electricity and amending the organic law of 27 December 1990 creating budgetary funds (1) PHILIPPE, King of the Belgians, to all present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. 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 of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC.
S.
2A article 5, § 4, of the Act of 29 April 1999 on the Organization of the market in electricity, the following changes are made: 1 ° to paragraph 2, the words "When the specification contains incentives, it must be approved in advance by the Council of Ministers."
shall be inserted between the words "of the tender offers.' and the words 'in accordance with article 21";
2 ° that subsection is supplemented by two paragraphs worded as follows: "absence of application of the mechanism of financing referred to in paragraph 2, incentives are funded by the ways and means Budget.".
"Incentives allocated following the call for tenders procedure do not object of taxation.".
S. 3. in the same Act inserted an article 5a worded as follows: "article 5bis. A Fund entitled "flexible production of electricity" is created. It is a fund within the meaning of article 62 of the law of 22 May 2003 on the organisation of the budget and accounts of the federal State.
It is fed annually by one third of the fee paid to the State under article 4/1 of the law of 31 January 2003 on the phasing-out of nuclear energy for purposes of industrial production of electricity.
The means of this Fund can be used to mitigate the impact on consumers of the necessary measures to maintain and/or develop flexible production capacity of electricity to ensure security of supply and the balance of the network. The King sets the terms of use of this Fund by Decree deliberated in the Council of Ministers. "."
S. 4. in the table, attached to the organic law of 27 December 1990 creating budgetary funds, section 32 economy, P.M.E., Classes average and energy is supplemented by the following provisions: "description of the organic budget Fund: 32-21 Fund electricity flexible Nature of assigned revenue: one-third of the fee paid to the State under article 4/1 of the law of 31 January 2003 on the phasing-out of nuclear energy for the purposes of" industrial production of electricity.
Nature of authorized expenses: necessary steps to maintain and/or develop flexible production capacity of electricity to ensure security of supply and the balance of the network.
S. 5 A section 7 of the Act, there shall be inserted a paragraph 1B as follows: "§ 1B a Fund entitled"wind production in the North Sea"is created." It is a fund within the meaning of article 62 of the law of 22 May 2003 on the organisation of the budget and accounts of the federal State.
Annually is fed by two-thirds of the fee paid to the State under article 4/1 of the law of 31 January 2003 on the phasing-out of nuclear energy for purposes of industrial production of electricity.
The means of this Fund may be used to mitigate the impact on consumers of measures taken pursuant to paragraph 1 to allow the development of North Sea wind power production capacity. The King sets the terms of use of this Fund by Decree deliberated in the Council of Ministers. "."
S. 6. in the table, attached to the organic law of 27 December 1990 creating budgetary funds, section 32 economy, P.M.E., classes average and energy is supplemented by the following provisions: "description of the organic budget Fund: 32-22 funds wind North Sea Nature of assigned revenue: two-thirds of the fee paid to the State under article 4/1 of the law of 31 January 2003 on the progressive of nuclear energy output to" purposes of industrial production of electricity.
Nature of expenditures: measures taken to allow the development of capacities of wind power production in the North Sea. "."
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels on May 15, 2014.
PHILIPPE by the King: Deputy Prime Minister and Minister of the Interior and of equality of opportunity, Ms. J. MILQUET the Secretary of State for energy, M. WATHELET Scellé of the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) House of representatives (www.lachambre.be): Documents: 53-3457-2013/2014 full record: 2 and April 3, 2014 Senate (www.senate.be): Documents: 5-2839-2013/2014.