Miscellaneous Provisions Act On Energy (1)

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

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belgiquelex.be - Carrefour Bank of Legislation

26 DECEMBER 2013. - 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 1er. - Introductory provision
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 and Directive 2009/73/EC of the European Parliament and Council of 13 July 2009 on common rules for the domestic natural gas market and repeals Directive 2003/55/EC.
CHAPTER 2. - Amendments to the Act of 29 April 1999 on the organization of the electricity market
Art. 2. In section 2 of the Act of 29 April 1999 on the organization of the electricity market, last amended by the Act of 8 January 2012, the following amendments are made:
1° in the 41°, the words "in the first place" are repealed;
2° the 42° is completed the following words: ", except for the electrical installations of the downstream customers, powered by the railway traction network. »;
3° the 43° is replaced by the following:
"43° "industrial closed network manager": a natural or legal person who owns an industrial closed network or has a right of use on such a network, and who was recognized as an industrial closed network manager by the competent authorities; »;
4° a 43° bis, written as follows, is inserted between the 43° and the 44°:
"43° bis "rail traction network manager": a natural or legal person who owns a railway traction network or has a right of use on such a network, and who has been recognized as a railway traction network manager by the Minister; "
Art. 3. Article 4, § 1erParagraph 1er, in the same Act, last amended by the Act of 6 May 2009, the words "the establishment of new electricity production facilities" are replaced by the words "the establishment of new electricity production facilities, the revision, renewal, renunciation, transfer and any other modification of an individual authorization issued on the basis of this Act are".
Art. 4. Article 8, § 1erbis, as amended lastly by the Act of 8 January 2012, the following amendments are made:
1° paragraph 4 is repealed;
2° Paragraph 5 is repealed.
Art. 5. In section 10 of the Act, last amended by the Act of 25 August 2012, the following amendments are made:
1° in paragraph 2ter, paragraph 8, (b) is replaced by the following:
"(b) the Commission decides, in the light of the corrections made by the network manager, to abandon the current certification procedure. »;
2° in paragraph 2ter, a paragraph, as follows, is inserted between paragraphs 8 and 9:
"When the procedure is initiated by a reasoned decision of the European Commission, the Commission shall inform, as appropriate, the European Commission of the invalidity of the certification procedure as provided for in paragraph 8. "
3° in paragraph 2quater, paragraph 3, the word "transaction" between the words "the whole commission" and the words "who would have for" is replaced by the word "situation" and the word "transaction" between the words "such" and the words "can not be" is replaced by the word "situation" and the words "conclusion of the transaction" are replaced by the words "persistence of such a situation".
4° in paragraph 2quater, paragraph 4, the words "or the disappearance of any situation referred to in paragraph 2" are inserted between the words "transaction project" and "return the procedure".
Art. 6. Article 12bis, § 5, 8°, of the same law, inserted by the law of 8 January 2012, is replaced by the following:
"The different rates are designed on the basis of a uniform structure in the territory served by the distribution network manager. In the event of a merger of distribution network managers, different rates may continue to be applied in each geographic area served by former distribution network managers, in order to allow the rationalization referred to in the merger. "
Art. 7. In section 18bis of the Act, inserted by the Act of 8 January 2012, the following amendments are made:
1° § 1er is replaced as follows:
« § 1er. Any natural or legal person who owns or any natural or legal person who has a right of use on a network that meets the criteria of an industrial closed network as defined in section 2, 41°, and within which the distribution of electricity is made at a nominal voltage greater than 70 kV, shall declare that network to the Directorate General of Energy at least 2 months before its commission or within a period of six months after the publication of the law ...
This statement is made in four copies, including:
1° the argument that the network meets the definition of industrial closed network in accordance with Article 2, 41°;
2° a functional diagram of the industrial closed network;
3° a declaration of conformity with the technical regulation with respect to the part of the industrial closed network operated at a nominal voltage greater than 70 kV;
4° the proposal of the natural or legal person who owns or has a right of use on the network concerned wishing to obtain the quality of manager of the industrial closed network;
5° the declaration of the natural or legal person who owns or has a right of use on the network concerned by which he undertakes to comply with the provisions applicable to the industrial closed network manager, under this Act.
Upon a proposal by the Energy Branch, after the advice of the network's commission and manager and after giving the Regions concerned the opportunity to provide a notice within 60 days, the Minister may grant the network recognition as a closed industrial network.
Upon a proposal by the Energy Branch, and after the advice of the network commission and manager, the Minister may confer the quality of industrial closed network manager for the part of the closed industrial network operated at a nominal voltage greater than 70 kV to the natural or legal person who owns or has a right of use on a network that makes the request.
The Energy Directorate publishes and updates on its website the list of industrial closed network managers. »;
2° § 4 is repealed.
Art. 8. Section 18ter of the Act, inserted by the Act of 8 January 2012, is replaced by the following provision:
"Art. 18ter. The provisions concerning an industrial closed network as mentioned in Article 18bis, §§ 2 and 3, are due to the technical and economic inconsistency of the network applicable to the railway traction network, to the extent that no other regulations are provided for in the Act of 4 December 2006 on the use of railway infrastructure.
Upon a proposal by the Energy Branch, after the advice of the network's commission and manager, and after giving the Regions concerned the opportunity to issue a notice within 60 days, the Minister may confer the quality of railway traction network manager to the natural or legal person who owns or has a right to use the network concerned. "
Art. 9. In article 20bis, § 2, paragraph 2 of the same law, inserted by the law of January 8, 2012, the words "and SMEs" are inserted between the words " residential end customers" and the words "on their website".
Art. 10. In article 21, paragraph 1er, 1°, of the same law, last amended by the law of 8 January 2012, the words ", including energy efficiency," are replaced by the words "with regard to protection against ionizing radiation and transits of radioactive wastes, the protection of the environment in the marine spaces referred to in Article 6" and the words "and the protection of the climate for their activities on the shipping network" are replaced
Art. 11. In Article 21bis, § 1er, paragraph 3, of the Act, last amended by the Act of 8 January 2012, the 1st is replaced as follows:
"1° to the financing of obligations resulting from the denuclearization of BP1 and BP2 nuclear sites (the former Eurochemic reprocessing pilot plant or BP1 liabilities); the former department Wastes of the Nuclear and Passive Energy Study Centre BP2) in Mol-Dessel and of the quarter of the denuclearization of the BR3 reactor to the technical liabilities of the Nuclear Energy Study Centre in Mol, as well as the treatment, conditioning, storage and storage of accumulated radioactive wastes, including radioactive waste resulting from nuclear denuclearization The intervention of the federal contribution in the quarter of the cost of dismantling the BR3 reactor is only due from the year in which a funding deficit may occur for the technical liability of the SCK.CEN. The intervention of the federal contribution in this liability is not part of the regional equilibrium referred to in the fourth paragraph of Article 9 of the Royal Decree of 16 October 1991 on the rules relating to the control and method of subsidy of the Centre for Nuclear Energy Studies and amending the statutes of this Centre".
Art. 12. Article 21ter, § 1erin the same Act, as amended last by the Act of 8 January 2012, the following amendments are made:
1° to paragraph 1er, the 3° is replaced by the following:
"3° in the following funds for the benefit of the National Organization of Radioactive Wastes and Enriched Fissile Materials, for the financing of the implementation of the measures referred to in Article 21bis, § 1erParagraph 1er1°:
- the fund, known as "BP liabilities", for the part of the denuclearization of BP1 and BP2 nuclear sites;
- the fund, called "BR3", for the quarter of the denuclearization of the BR3 reactor of the technical liabilities of the Nuclear Energy Study Centre in Mol. »;
2° to paragraph 1er, 6°, is repealed;
3° a paragraph written as follows is inserted between paragraph 1er and paragraph 2, which becomes paragraph 3:
"Each quarter, the Commission provides an overview to Ministers with Energy, Budget and Finance in their responsibilities, on the height and evolution of the funds referred to in paragraph 1erexcept for the fund referred to in paragraph 1er1°. "
Art. 13. In section 23 of the Act, last amended by the Act of 8 January 2012, the following amendment is made:
1° in paragraph 1er, paragraph 2, 7°, the word "finals" between the words "clients" and the words "benefit from" is repealed;
CHAPTER 3 . - Amendments to the Act of 12 April 1965 on the carriage of gaseous and other products by pipelines
Art. 14. In Section 1 titleer Chapter III and Section 1er Chapter IV of the Act, the words "natural gas" are repealed.
Art. 15. In section 8 of the Act, last amended by the Act of 25 August 2012, the following amendments are made:
1° in paragraph 4ter, a paragraph, as follows, is inserted between paragraphs 8 and 9:
"When the procedure is initiated by a reasoned decision of the European Commission, the Commission shall inform, as appropriate, the European Commission of the invalidity of the certification procedure as provided for in paragraph 8. »
2° in paragraph 4quater, paragraph 3, the word "transaction" between the words "the whole commission" and the words "who would have for" is replaced by the word "statement", the word "transaction" between the words "such" and the words "can't be" is replaced by the word "statement" and the words "conclusion of the transaction" are replaced by the words "persistence of such a situation";
3° in paragraph 4quater, paragraph 4, the words "or the disappearance of any situation referred to in paragraph 2" are inserted between the words "transaction project" and "return the procedure".
Art. 16. A l'article 15/1er, § 6, of the same law, inserted by the law of 8 January 2012, the following amendments are made:
1° to paragraph 1erthe words "report to the Minister an annual report on the measures taken in this framework" are replaced by the words "in accordance with the legislation and regulations in force in the Regions";
2° paragraphs 2 and 3 are repealed.
Art. 17. Article 15/5ter, § 5, 8°, of the same law, inserted by the law of 8 January 2012, is replaced as follows:
"The different rates are designed on the basis of a uniform structure in the territory served by the distribution network manager. In the event of a merger of distribution network managers, different rates may continue to be applied in each geographic area served by former distribution network managers, in order to allow the rationalization referred to in the merger. "
Art. 18. In section 15/5 of the Act, last amended by the Act of 8 January 2012, the following amendments are made:
1° paragraph 1erter is repealed;
2° in paragraph 3, paragraph 1er, the words "the King, on the proposal of the minister and after notice of the commission," are replaced by the words "the commission";
3° in paragraph 3, paragraph 3, the words "to the Belgian Monitor, accompanied by the opinion of the commission" are replaced by "on the website of the commission";
4° in paragraph 4, paragraph 1er, the words "The Minister" are replaced by the words "The Commission" and the word "It" is replaced by the word "She";
5° in paragraph 4, paragraph 1erthe second sentence is supplemented by the words "in particular those referred to in section 36, (8), of Directive 2009/73/EC";
6° in paragraph 4, paragraph 1er, the sentence beginning with the words "This information includes:" and ending with the words "gas supply" is repealed;
7° in paragraph 4, paragraphs 2 to 5 are repealed.
Art. 19. Article 15/11, § 1erof the same Act, as amended last by the Act of 8 January 2012, the following amendments are made:
1° to paragraph 1erin the 1st, the words "and protection of the environment, including energy efficiency, energy from renewable energy sources and climate protection" are repealed;
2° to paragraph 1erin 2°, the words "and environmental protection, including energy efficiency, energy from renewable energy sources and climate protection" are repealed;
3° paragraph 4, 3°, is repealed;
Paragraph 5, paragraph 3, is repealed.
5° a paragraph, as follows, is inserted between paragraph 5 and paragraph 6, which becomes paragraph 7:
"Each quarter, the committee shall report to the ministers with the energy, Budget and Finance in their allocation, on the height and evolution of the funds referred to in paragraph 5, with the exception of the funds referred to in paragraph 5, 1°. "
Art. 20. In section 15/13, § 6, of the same law, inserted by the law of 8 January 2012, the following amendments are made:
1° a paragraph is inserted between paragraphs 2 and 3:
"After the advice of the Federal Authority for Gas Supply Security, the King may adopt the enforcement measures necessary for the implementation by the Federal Authority for Gas Supply Security, Regulation (EU) No. 994/2010. »;
2° Paragraph 6, which became 7, was replaced by the following:
"The above-mentioned emergency plan is decided by the Minister who has the Energy in his duties, on the proposal of the Federal Authority for the Safety of Gas Supply. The emergency plan is published in the Belgian Monitor. "
Art. 21. In Article 15/14, § 2, paragraph 2, 30°, of the same law, inserted by the law of January 8, 2012, the words ", in consultation with the Directorate General of Energy", are repealed and the 30° is supplemented by the following sentence: ". The commission informs the Directorate General of Energy."
CHAPTER 4. - Amendment of the Act of 11 April 2003 on provisions for the dismantling of nuclear power plants and for the management of fissile material irradiated in nuclear power plants
Art. 22. Article 13 of the Act of 11 April 2003 on provisions for the dismantling of nuclear power plants and for the management of fissile material irradiated in those nuclear power plants is supplemented by a paragraph that reads as follows:
"The State shall pay the possible costs of financing the advance referred to in paragraphs 2 and 5. State support for the costs of financing is limited to the normal rate for this type of operation. The nuclear provisioning company addresses the services of the FPS Finance, referred to in paragraph 3, the amount of the cost of the financing duly justified within eight days of the respectful payment of the basic distribution contribution and the supplementary distribution contribution by the nuclear operators referred to in section 2, 5°, and the companies referred to in section 24, § 1erin accordance with Article 14, §§ 8, 9 and 10. In the event of a delay in payment of the basic distribution contribution and the supplementary distribution contribution by the nuclear operators referred to in Article 2, 5°, and the companies referred to in Article 24, § 1er, to the nuclear supply company, the State continues to take charge of the cost of financing the advance referred to in paragraphs 2 and 5, until the nuclear supply company recovers the amount. "
CHAPTER 5. - Amendment of organic law
of 27 December 1990
Art. 23. In the section "32 - Economy, SMEs, Average Classes and Energy", of the table annexed to the Organic Law of 27 December 1990 creating budgetary funds, item 32-14 on the "fund for the financing of the study on prospects for electricity supply and the forward-looking study on the security of natural gas supply", as set out in section 75 of the Act of 27 December 2006 on various provisions (I), is repealed.
CHAPTER 6. - Amendment of the Act of 27 December 2006 on various provisions (I)
Art. 24. Section 74 of the Act of 27 December 2006 on various provisions (I) is repealed.
CHAPTER 7. - Amendments to the Société nationale de Transport par Canalisations
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 by Canalisations, is repealed.
Within 30 days of the 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 royal decrees under the law of 29 April 1999 on the organization of the electricity market and the law of 12 April 1965 on the transport of gaseous and other products by pipelines
Art. 26. The Royal Decree of November 14, 2012, amending the Royal Decree of March 24, 2003, setting out the terms of the federal contribution for the financing of certain public service obligations and the costs related to the regulation and control of the electricity market and the Royal Decree of March 24, 2003, setting out the terms of the federal contribution for the financing of certain public service obligations and the costs related to the regulation and control of the natural gas market, is confirmed with effect 2012.
Art. 27. The Royal Decree of 10 December 2012 amending the Royal Decree of 24 March 2003 setting out the terms and conditions of the federal contribution for the financing of certain public service obligations and costs related to the regulation and control of the electricity market is confirmed with effect to 1er January 2013.
Art. 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 sources of energy is confirmed with effect on 1er July 2013.
This confirmation is extended to section 14, § 2, second paragraph, as well as to articles 14bis to 14terdecies of the Royal Decree, which were amended 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 amended by the Royal Decree of 17 August 2013.
CHAPTER 9. - Entry into force
Art. 29. 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 at Ciergnon, December 26, 2013.
PHILIPPE
By the King:
Deputy Prime Minister and Minister of the Interior and Equal Opportunities,
Ms. J. MILQUET
The Minister of Budget,
O. CHASTEL
Minister of Finance,
K. GEENS
The Secretary of State for Energy,
Mr. WATHELET
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
House of Representatives documents: 53-3155-2013/2014
Number 1: Bill.
No. 2: Amendment.
Number 3: Erratum.
No. 4: Amendments.
No. 5: Opinion of the State Council.
Number 6: Report.
No. 7: Text corrected by the commission.
No. 8: Text adopted in plenary and transmitted to the Senate.
No. 9: Opinion of the State Council.
Full report: 12 December 2013.
Senate documents: 5-2407-2013/2014.
Number 1: Project referred to by the Senate.
No. 2: Amendments.
Number three: Report.
No. 4: Decision not to amend.