Posted the: 2014-04-01 Numac: 2014011176 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES average and energy March 26, 2014. -Act to amend the law of 29 April 1999 on the organisation of the market in electricity (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
S. 2. this Act partially transposes Directive 2005/89/EC of the European Parliament and of the Council of 18 January 2006 concerning measures to safeguard security of electricity supply and investment in infrastructure.
S. 3. article 2 of the law of 29 April 1999 on the organisation of the electricity market, as amended by the law of 26 December 2013, is complemented by the 51 °, 52 °, 53 ° and 54 ° written as follows: "51 °"winter": period between November 1 and March 31, 52 °"LOLE": Loss Of Load Expectation, namely a statistical calculation by which the expected number is determined hours during which the load will not be" covered by all the means of production at disposal of the Belgian electrical network, taking account of interconnections for a statistically normal year;
53 ° "LOLE95": a statistical by which calculation is determined the number of hours during which the load can not be covered by all the means of production at disposal of the Belgian electrical network, taking account of interconnections, to a statistically exceptional year;
"54 ° 'shortage situation': location near real time in which there is a significant probability that the charge may not be covered by all the means of production at disposal of the Belgian grid, taking into account the potential energy available on the market and import."
4. article 4bis of the Act, inserted by the Act of January 8, 2012, is replaced by the following: 'article
4bis. § 1. For the purposes of ensuring security of supply in electricity as well as the security of the network, the permanent or temporary discontinuation unscheduled power generation facility must be notified to the Minister, the commission and the Network Manager no later than 31 July of the year preceding the effective date of the temporary or definitive cessation.
A temporary cessation cannot intervene until after March 31 of the year following the notification referred to in paragraph 1.
A final switching off cannot intervene until after September 30 of the year following the notification referred to in paragraph 1.
The shutdown notification is required for any installation of electricity connected to the transport network, that it has received an individual authorisation in accordance with article 4.
§ 2. After receiving the opinion of the commission and the network manager, the King may establish the procedure of notification referred to the § 1, including as regards the form and means of notification.
§ 3. No switch-off temporary or definitive, it is programmed or not, cannot be performed during the winter period.
§ 4. The provisions of this article shall not apply to the units covered by the Act of 31 January 2003 on the phasing-out of nuclear energy for purposes of industrial production of electricity.
5. in the same Act, it is inserted a chapter IIbis, containing the articles 7A to 7novies, as follows: "chapter IIbis. -Reserve strategic s. 7bis. § 1.
No later than November 15 of each year, the Manager of the network realizes a probabilistic analysis of the State of security of supply in the country for the upcoming winter season.
2. The level of security of supply to achieve is determined by: 1 ° where appropriate, harmonised standards established by the competent European institutions in this field;
2 ° in the absence of harmonized standards at European level, harmonized standards applicable at the regional level, in particular at the level of the West Central Europe electricity market;
3 ° in the absence of such standards, a calculation of LOLE less than 20 hours, whereby the missing power volumes needed to ensure security of supply are determined less than 3 hours and LOLE95.
§ 3. Before 15 October of each year, the Directorate General of energy provides network manager any information useful for the analysis referred to in paragraph 1.
§ 4. Network Manager supports at least the following into account in his analysis under in the § 1: 1 ° the capacity of production and storage which will be available in the adjustment range Belgian for the analyzed period, based on particular stop updates programmed in the development plan referred to in article 13 and the notifications received pursuant to article 4bis;
2 ° power consumption forecasts.
3 ° the possibilities to import electricity taking account of interconnection capacities available to the country and, where appropriate, an estimate of the availability of electricity in the market of West Central Europe with regard to the energy supply of the country.
The network manager can complete, reasoned manner, the elements in paragraph 1 by anything as he thinks fit.
§ 5. The analysis referred to in paragraph 1 is transmitted to the Directorate-General of energy by the network manager.
S. 7B. no later than December 15 of each year, the Directorate General of energy sends to the Minister an opinion on the need for a strategic reserve for the next winter period.
If the opinion finds the need to establish such a reserve, it also includes a proposal for a volume for this reservation, expressed in MW. If necessary, the Directorate-General of energy may propose a notice of constitution of reserve up to three consecutive winter.
If the volume covers two or three consecutive winter periods, the proposal of volumes for the (both) last (s) period (s) is minimum levels required, which may be revised upwards during the following annual procedures.
S. 7quater. the Minister can, within a period of one month from the date of the receipt of the notice referred to in article 7ter energy branch, give instruction to the Manager of the network set up a strategic reserve for a period of one to three years from the first day of the winter to come and fixed in MW the level of this reserve.
The Minister informed the commission of this decision. Decision, the analysis of the network manager and the opinion of the Directorate-General of energy are published on the website of the Directorate-General of energy.
The volume determined in MW is established by considering a permanent availability of power in MW determined by the Minister. Contracting by the network manager can lead to a greater volume of power in MW at the level determined by the Minister based on the predictable availability of MW that are offered to him. The network manager justifies the volume determined in MW that it proposes to take into account in its report prepared under article 7sexies, § 1.
S. 7quinquies. § 1. After consultation with network, the commission and the Directorate General of energy users, the Network Manager defines the details of the procedure of constitution of the strategic reserve. For the development of arrangements for the procedure relating to the users of distribution network, network manager consults with managers of distribution network.
The details of the procedure are published on the website of the network manager.
§ 2. Any actor with power located in the area of Belgian setting corresponding to the specifications defined in the terms of the procedure may participate in the strategic reserve, provided that it meets one of the following: 1 ° any user of transmission or distribution system, individually or in aggregate manner, through demand management offers;
2 ° any operator of a production installation including the shutdown date scheduled in the plan referred to in article 13 takes place before the start of the winter period by the procedure and after the end of the winter period before that covered by the procedure;
3 ° any operator of an installation of production having, before the statement referred to in article 7quater, a notification on basis of article 4bis with the switch-off is not yet effective.
4 ° any operator of a production facility having a notification on the basis of article 4bis and such as for temporary cessation is effective.
§ 3. The operators referred to in § 2, 2 ° to 4 °, were obliged to make at least an offer covering all of the licensed capacity.
Failure by an operator, the obligation referred to in paragraph 1, the commission may impose an administrative penalty in accordance with article 31.
4. The network manager collects bids according to objective, transparent, non-discriminatory, and relaxing procedures on the rules of the market.
For technical or economic reasons duly substantiated, the procedure can be organized into several lots.
The King may determine the basic principles of the procedure referred to in paragraph 1.
§ 5. The
constitution of the strategic reserve procedure provides for sanctions for improper performance of contractual obligations and ignorance of the rules referred to in article 7septies.
§ 6. The network manager initiates the procedure for constitution of the strategic reserve no later than in the month following the decision of the Minister referred to in article 7quater. The submission of tenders comes up within two months of the initiation of the procedure.
S. 7sexies. § 1. No later than thirty days after the final date for submission of tenders, the Network Manager communicates to the commission and to the Minister a report on bids received, including vouchers and on prices and volumes that are offered to him for the provision of strategic reserves and includes a technico-economic proposal of combination of offers.
§ 2. The commission shall submit not later than thirty days after receipt of the report referred to the § 1 a notice stating and motivated if prices for the combination of offers proposed by the Manager of the network for the provision of strategic reserves are patently unreasonable or otherwise.
§ 3. Where the opinion of the Committee considers the tender part of the techno-economic proposal as non-deraisonnable Network Manager, it contracted these offers for the duration provided for in the decision of the Minister referred to in article 7quater from November 1st of the current year.
Where the opinion of the commission considers the proposal made by the Manager of the network as patently unreasonable, the King may, notwithstanding article V.2 of the Code of droit économique, on proposal by the Minister, on behalf of the security of supply, impose one or more bidders whose supply was found to be patently unreasonable by the commission from 1 November of the current year for a period between one year and the period provided for in the decision of the Minister referred to in article 7quater, prices and volumes required by royal decree. Prices and volumes may differ from one bidder for the other to take account of the techno-economic specificities of each. Imposed volumes can be various volumes submitted under the procedure referred to in article 7quinquies, taking into account the technical and economic constraints.
Where the opinion of the commission considers the proposal made by the Manager of the network as patently unreasonable, this notice also contains the measures recommended by the commission.
When the King imposed prices and volumes, successful bidders respect the rules laid down pursuant to article 7quinquies used for the call for tenders.
S. 7septies. § 1. The network manager shall submit for approval to the commission on the rules of functioning of the strategic reserve, in which are particularly specified indicators taken into account to find a situation of shortage and the principles relating to the activation of the strategic reserves by the network manager. The network manager publishes the rules approved on its website not later than the day of the launch of the procedure in article 7quinquies.
§ 2. The strategic reserve operating rules guarantee the adequate behaviour of market players in order to avoid situations of shortage.
These rules also guarantee that the part of capacity contracted in the strategic reserve, which is part of the production may be selected by the network manager.
The rules are designed to minimize interference from the strategic reserve with the functioning of the interconnected electricity market.
Differentiated operating rules may be authorised to allow several consignments as technical requirements therefor dictate under the procedure referred to in article 7quinquies.
S. 7octies. the cost of the strategic reserve is covered by a tariff surcharge to finance the public service obligation of the network operator as referred to in article 12, § 5, paragraph 2, 11 °. This overload is subject to the approval of the commission. This cost is made up of the costs borne by the transmission system operator pursuant to contracts entered into on the basis of the procedure laid down in article 7quinquies and, where appropriate, those resulting from taxation by the King to the bidders in accordance with article 7sexies, after deduction of any net income generated by the activation of the capabilities acquired in compliance with the rules referred to in article 7septies.
Management and development costs that this activity induces to the Manager of the network are covered by appropriate regulatory mechanisms provided for in the tariff methodology referred to in article 12.
S. 7novies. the provisions of this chapter do not apply to the units covered by the Act of 31 January 2003 on the phasing-out of nuclear energy for purposes of industrial production of electricity. ».
S. 6 § 1. For units subject to a notification of unscheduled temporary or permanent shutdown before the date of entry into force of this Act, the minimum period between the date of notification and the actual switching off is 15 months. If the effective date of the shutdown occurs during the winter period, the 15 month time limit is extended to the last day of the winter period.
§ 2. A transitional, energy branch, the Manager of the network and the commission conclude expeditiously an agreement on the timetable for implementation for the year 2014 of the different stages provided for in articles 7bis to 7septies. This calendar may derogate from the time limits laid down in these articles. The agreement is published on the website of the Manager of the network and the commission.
S. 7. this Act comes into force the day of its publication in the Moniteur belge promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels on March 26, 2014.
PHILIPPE by the King: the Minister of the Interior, 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 House of representatives: (www.lachambre.be) Documents: 53-3357-2013/2014.
Full report: March 13, 2014.
Senate: (www.senate.be) Documents: 5 - 2743 - 2013/2014.