Miscellaneous Provisions Act On Energy (1)

Original Language Title: Loi portant des dispositions diverses en matière d'énergie (1)

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2013011662&caller=list&article_lang=F&row_id=1000&numero=1030&pub_date=2013-12-31&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2013-12-31 Numac: 2013011662 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES averages and energy 26 December 2013. -Miscellaneous Provisions Act on energy (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Disposition introductory 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 and Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC.
CHAPTER 2. -Changes of the Act of 29 April 1999 on the organisation of the market for electricity s.
2 A article 2 of the law of 29 April 1999 on the organisation of the electricity market, as last amended by the Act of January 8, 2012, the following changes are made: 1 ° in 41 °, the words "in the first place" are repealed;
2 ° 42 ° is completed the following words: ", with the exception of facilities electrical downstream clients, powered by the railway traction network.";
3 ° the 43 is replaced by the following;
"43 ° 'industrial closed network manager': natural person or legal owner of a closed industrial network having a right to use on such a network, and who was recognized as Manager of industrial closed network by the competent authorities ';
4 ° a 43 ° bis, worded as follows, shall be inserted between 43 ° and 44 °: "43 ° bis 'railway traction Network Manager': natural person or legal owner of a network of railway traction or having the right of use on such a network, and who was recognized as Manager of network of railway traction by the Minister;
».
S. 3A article 4, § 1, paragraph 1, of the Act, as last amended by the Act of May 6, 2009, 'the establishment of new power generation facilities' shall be replaced by the words "the establishment of new facilities for the production of electricity, revision, renewal, waiver, transfer and any other alteration of an individual authorisation on basis of this Act are.
S.
4. at article 8, § 1bis, of the same Act, as last amended by the Act of January 8, 2012, the following changes are made: 1 ° paragraph 4 is repealed;
2 ° paragraph 5 is repealed.
S. (5A section 10 of the Act, as amended by the Act of August 25, 2012, the following changes are made: 1 ° in paragraph 2b, paragraph 8, b) is replaced by the following: 'b) the commission shall decide, taking into account the corrections made by the Manager of the network, to abandon the current certification procedure.';
2 ° to paragraph 2b, a paragraph worded as follows is inserted between paragraphs 8 and 9: ' When the procedure is initiated on the reasoned decision of the European Commission, the commission shall inform, where appropriate, the Commission of the nature of the procedure for certification as provided for in article 8.'.
3 ° in paragraph 2 c, paragraph 3, the word "transaction" between the words "the commission any" and the words "which would" is replaced by the word "situation" and the word "transaction" between the words "such" and the words "cannot is» is replaced by the word"situation"and 'conclusion of the transaction' shall be replaced by the words"persistence of such a situation.
4 ° in paragraph 2 c, paragraph 4, the words 'or the disappearance of any situation referred to in article 2' shall be inserted between the words "proposed transaction" and "makes the procedure".
S. 6. article 12bis, § 5, 8 °, of the same Act, inserted by the Act of January 8, 2012, is replaced by the following: "the various tariffs are designed on the basis of a uniform structure on the territory served by the Manager of the distribution network.
In the event of merger of managers of distribution networks, different rates may continue to be applied in each geographic area served by the former managers of distribution networks, in order to allow the streamlining referred by the merger. ».
S. 7. at article 18bis of the Act, inserted by the Act of January 8, 2012, the following changes are made: 1 ° the § 1 is replaced as follows: "§ 1.»
Any physical or legal person owner or any natural or legal person who has a right of use over a network meeting the criteria of a closed industrial network as defined in section 2, 41, and within which the distribution of electricity is more than 70 kV voltage, must declare this network to the Directorate-General of energy at least 2 months before being put into service or within a period of six months following the publication Act of... amending various provisions on energy.
This statement is made in four copies and includes: 1 ° the argument that the network meets the definition of industrial closed network in accordance with article 2, 41 °;
2 ° a block diagram of the industrial firm network;
3 ° a declaration of conformity with the technical regulations in what concerns the part of the industrial firm network operated at a nominal voltage exceeding 70 kV;
4 ° the proposal of the physical or legal person owner or having the right to use on the network concerned wishing to obtain the quality of industrial closed network manager;
5 ° the declaration of the natural or legal person owner or having the right of use on the network concerned by which he undertakes to respect the provisions applicable to industrial closed network manager, under this Act.
On a proposal from the Directorate-General of energy, after receiving the opinion of the commission and the network manager as well as after giving the possibility to the Regions concerned to submit an opinion within a period of 60 days, the Minister may confer the recognition of the network as a closed industrial network.
On a proposal from the Directorate-General for energy, and after receiving the opinion of the commission and the network manager, the Minister may give the quality of industrial farm system for the part of the closed industrial network operated at a nominal voltage exceeding 70 kV to the physical or legal person owner or having the right of use on a network that asks.
The Directorate-General of energy publishes and updates on its website the list of managers of industrial closed networks. »;
2 ° § 4 is repealed.
S.
8. article 18ter of the Act, inserted by the Act of January 8, 2012, is replaced by the following provision: «art.» 18ter. provisions concerning an industrial closed network such as mentioned in article 18bis, §§ 2 and 3, are due to indivisibility technical and economic network applicable to railway traction network, insofar as no other regulation is provided in the law of 4 December 2006 on the use of the railway infrastructure.
On a proposal from the Directorate-General of energy, after receiving the opinion of the commission and the network manager, after giving the possibility to the Regions concerned to submit an opinion within a period of 60 days, the Minister may confer the quality of network rail traction Manager on the physical or legal person owner or with a right of use of the network concerned. ».
S.
9. in article 20A, § 2, paragraph 2 of the same Act, inserted by the Act of January 8, 2012, the words 'and SMEs' shall be inserted between the words "of residential final customers" and the words "on their website.
S. 10. in article 21, paragraph 1, 1 °, of the Act, as last amended by the Act of January 8, 2012, words ", including energy efficiency, ' shall be replaced by the words 'in relation to protection against radiation ionizing and transits of radioactive waste, the protection of the environment in marine areas referred to in article 6' and the words 'and the protection of the climate for their activities on the transport network" are replaced by the words "in marine areas referred to in article 6.
S. 11. in article 21bis, § 1, paragraph 3, of the Act, as last amended by the Act of January 8, 2012, 1 ° is replaced as follows: ' 1 ° to the financing of the obligations resulting from the denuclearization of BP1 and BP2 nuclear sites (the former factory driver Eurochemic reprocessing or passive BP1;). former Department waste of the Centre for the study of nuclear energy or passive BP2) Mol-Dessel and one quarter of the denuclearization of the reactor BR3 liabilities technical of the study center of nuclear energy in Mol, as well as processing, packaging, storage, and storage of accumulated radioactive waste, including radioactive waste resulting from the cited denuclearisations, resulting from the nuclear to the sites activities and cited reactor. The intervention of the federal contribution in one quarter of the cost of dismantling of the BR3 reactor is only due from the year where a funding shortfall may occur for technical liabilities of the SCK. CEN. The intervention of the federal contribution in this liability is not part of the regional balance referred to in the fourth paragraph

Article 9 of the royal decree of 16 October 1991 rules to control and the mode of grant from the Centre for the study of nuclear energy and amending the statutes of the Centre".
S.
12A article 21B, § 1, of the Act, as last amended by the Act of January 8, 2012, the following changes are made: 1 paragraph 1 °, 3 ° is replaced by the following: «3 ° in the following funds for the benefit of the national organization of radioactive waste and enriched fissile materials, for the financing of the implementation of the measures referred to in article 21a. , § 1, paragraph 1, 1 °:-the Fund, called «liabilities BP», with regard to the part of the denuclearization of BP1 and BP2 nuclear sites;
-the Fund, called "BR3", for what concerns the quarter of the denuclearization of the reactor BR3 of the technical liabilities of the study center of nuclear energy in Mol.
»;
2 ° to the paragraph 1, 6 °, shall be repealed;
3 ° a paragraph worded as follows is inserted between paragraph 1 and paragraph 2, which becomes paragraph 3: "each quarter, the commission gives an overview to the Ministers having energy, Budget and finance in their attributions, on height and the evolution of the funds referred to in paragraph 1, with the exception of the Fund referred to in paragraph 1, 1 °.» ».
S. 13A section 23 of the Act, as amended by the Act of January 8, 2012, the following change is made: 1 °-paragraph 1, paragraph 2, 7 °, the word "final" between the words "customers" and the words "benefit from" is repealed;
CHAPTER 3. -Amendments to the law of 12 April 1965 on the transport of gaseous and other products by pipelines s.
14. in the heading of Section 1 of chapter III and Section 1 of chapter IV of the Act, the words "of natural gas" are repealed.
S. 15A section 8 of the Act, as amended by the Act of August 25, 2012, the following changes are made: 1 ° to paragraph 4ter, a paragraph worded as follows, shall be inserted between paragraphs 8 and 9: ' When the procedure is initiated on the reasoned decision of the European Commission, the commission shall inform, where appropriate, the Commission of the nature of the procedure for certification as provided for in article 8.'
2 ° paragraph 4quater, paragraph 3, the word "transaction" between the words "the commission any" and the words "which would" is replaced by the word "situation", the word "transaction" between the words "such" and the words "cannot is» is replaced by the word"situation"and 'conclusion of the transaction' shall be replaced by the words"persistence of such a situation. "
3 ° paragraph 4quater, paragraph 4, the words 'or the disappearance of any situation referred to in paragraph (2)' shall be inserted between the words "proposed transaction" and "makes the procedure".
S. 16 A article 15 1, § 6, of the Act, inserted by the Act of January 8, 2012, the following changes are made: 1 ° to the paragraph 1, the words "challenge annually to the Minister a report on the measures taken in this context" are replaced by the words "in accordance with the legislation and regulations in force in the Regions ';
2 ° paragraphs 2 and 3 are repealed.
S. 17. article 15/5b, § 5, 8 ° of the Act, inserted by the Act of January 8, 2012, is replaced as follows: "the various tariffs are designed on the basis of a uniform structure on the territory served by the Manager of the distribution network. In the event of merger of managers of distribution networks, different rates may continue to be applied in each geographic area served by the former managers of distribution networks, in order to allow the streamlining referred by the merger. ».
S.
18. at article 15/5duodecies of the Act, as amended by the Act of January 8, 2012, the following changes are made: 1 ° paragraph 1b is repealed;
2 ° in paragraph 3, paragraph 1, the words 'the King, on the proposal of the Minister and after consultation of the commission,' shall be replaced by the words "the commission";
3 ° to paragraph 3, subparagraph 3, the words "Belgian Monitor, accompanied by the opinion of the commission' shall be replaced by 'on the website of the commission."
4 ° in paragraph 4, paragraph 1, the words "The Minister" shall be replaced by the words 'The commission' and the word 'He' is replaced by the word 'she '.
5 ° to paragraph 4, paragraph 1, the second sentence is supplemented by the words "including those referred to in article 36 (8), of Directive 2009/73/EC ';
6 ° to paragraph 4, paragraph 1, the sentence beginning with the words "this information includes:" and ending with the words "gas supply" is repealed;
7 °-paragraph 4, paragraphs 2 to 5 are repealed.
S. 19. at article 15/11, § 1, of the Act, as last amended by the Act of January 8, 2012, the following changes are made: 1 ° in the paragraph 1, 1 °, the words "and protection of the environment, including energy efficiency, energy from renewable energy sources and climate protection" are repealed;
2 ° in the 1st paragraph, 2 °, the words "and of the protection of the environment, including energy efficiency, energy from renewable energy sources and climate protection" are repealed;
3 ° paragraph 4, 3 °, is repealed;
4 ° paragraph 5 (3), is repealed.
5 ° a paragraph, worded as follows, shall be inserted between paragraph 5 and paragraph 6 becomes paragraph 7: "each quarter, the commission made preview the Ministers having energy, Budget and Finances in their allocation on the height and the evolution of the Fund referred to in section 5, with the exception of the Fund referred to in paragraph 5, 1 °.» ».
S.
20A article 15/13, § 6, of the same Act, inserted by the Act of January 8, 2012, the following changes are made: 1 ° a paragraph worded as follows is inserted between paragraphs 2 and 3: 'after opinion of the federal authority for security of supply in gas, the King may adopt the implementing measures necessary for the implementation of the federal authority for the security of gas supply. , of Regulation (EU) No 994/2010. »;
2 ° paragraph 6, now 7, is replaced by the following: "the above-mentioned contingency plan is stopped by the Minister who has the energy within its remit, on the proposal of the federal authority for the security of gas supply. The emergency plan is published in the Moniteur belge. ».
S. 21. in article 15/14, § 2, paragraph 2, 30 °, of the same Act, inserted by the Act of January 8, 2012, the words ", in consultation with the Directorate-General of energy," are repealed and 30 ° is supplemented by the following sentence: ".. The commission shall inform the Directorate-General of energy.
CHAPTER 4. -Amendment of the law of 11 April 2003 on the provisions for the decommissioning of nuclear power plants and for the management of fissile materials irradiated in these power plants s. 22. article 13 of the law of 11 April 2003 on the provisions formed for the dismantling of nuclear power plants and for the management of fissile material irradiated in these plants is supplemented by a paragraph as follows: "the State supports the potential costs of the financing of the advance referred to in paragraphs 2 and 5. Supported by the status of the financing costs is limited to the normal rate for this kind of operation. The nuclear provision company address to the SPF finance services, referred to in paragraph 3, the amount of the cost of financing duly justified in the eight days of the payment of the contribution of distribution of base and the contribution of distribution further by the nuclear operators referred to in article 2, 5 °, and the companies referred to in article 24 § 1 Society of nuclear provisioning, in accordance with article 14, §§ 8, 9 and 10. In case of delay of payment of the contribution's distribution base and the contribution of complementary distribution by nuclear operators referred to in article 2, 5 °, and the companies referred to in article 24, § 1, to the nuclear provision company, the State continues to support the cost of financing of the advance referred to in paragraphs 2 and 5 until the nuclear provision company recovers the amount. ».
CHAPTER 5. -Amendment of the organic law of 27 December 1990 creating budgetary funds art. 23. in section "32 - economy, SMEs, Middle Classes and energy" of the table annexed to the Act of 27 December 1990 creating budgetary funds, issue 32-14 on the 'Fund for the financing of the study on prospects for electricity supply and the prospective study concerning the safety of natural gas supply', as inserted by article 75 of the law of 27 December 2006 the provisions of various (I) is hereby repealed.
CHAPTER 6. -Amendment of the Act of 27 December 2006 of the miscellaneous provisions (I) art. 24. article 74 of the law of 27 December 2006 by the various (I) provisions are repealed.
CHAPTER 7. -Amendments to the Société nationale de Transport by pipelines art. 25. article 4 of the royal decree of 10 June 1994 establishing for the benefit of the State a specific action of the Société nationale de Transport par Canalisations, is repealed.
Within thirty days following publication of this Act, the Société nationale de Transport par Canalisations amends its statutes to comply with the provisions of this Act.
CHAPTER 8. -Confirmation of the Royal orders made under

Act of 29 April 1999 on the organisation of the market of electricity and act of 12 April 1965 the transport of gaseous and other products by pipelines s. 26. the royal decree of 14 November 2012 on changes of the royal decree of 24 March 2003 laying down the terms of the federal contribution to the financing of certain public service obligations and costs related to the regulation and control of the market of electricity and the royal decree of 24 March 2003 laying down the terms of the federal contribution to the financing of certain public service obligations and costs related to the regulation and to the control the natural gas market is confirmed with effect from 9 December 2012.
S. 27. the royal decree of December 10, 2012, amending the royal decree of 24 March 2003 laying down the terms of the federal contribution to the financing of certain public service obligations and costs related to the regulation and control of the electricity market is confirmed with effect from 1 January 2013.
S. 28. the royal decree of 17 August 2013 amending the royal decree of 16 July 2002 on the establishment of mechanisms for the promotion of electricity produced from renewable energy sources, is confirmed with effect from 1 July 2013.
This confirmation is extended to article 14, § 2, second paragraph, as well as articles 14bis to the royal decree 14terdecies, which have been changed or inserted in the royal decree of 31 October 2008 amending the royal decree of 16 July 2002 on the establishment of mechanisms for the promotion of electricity produced from renewable energy sources, as they are amended by the royal decree of August 17, 2013.
CHAPTER 9. -Entry into force art.
29. 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 Ciergnon, December 26, 2013.
PHILIPPE by the King: Deputy Prime Minister and Minister of the Interior and of equality of opportunity, Ms. J. MILQUET. the Minister for Budget, O. CHASTEL the Ministers of finance, K. GARG. the Secretary of State for energy, M. WATHELET Scellé of the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note records of the House of representatives: No.1 53 - 3155-2013/2014 : Bill.
No. 2: amendment.
No. 3: Erratum.
No. 4: amendments.
No. 5: Notice of the State Council.
No. 6: report.
No. 7: Text corrected by the commission.
No. 8: Text adopted in plenary meeting and transmitted to the Senate.
No. 9: Opinion of the Council of State.
Full record: 12 December 2013.
The Senate documents: 5-2407-2013/2014.
No. 1: Draft referred by the Senate.
No. 2: amendments.
No. 3: report.
No. 4: Decision not to amend.