Posted the: 2013-12-24 Numac: 2013011640 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES averages and energy 18 December 2013. -Act to amend the Act, January 31, 2003 on the phasing-out of nuclear energy for purposes of industrial production of electricity and amending the law of 11 April 2003 on the provisions for the decommissioning of nuclear power plants and for the management of fissile irradiated material in these plants (1) PHILIPPE, King of the Belgians, has all, present and future Hello.
The Chambers have adopted and we endorse the following: Chapter 1. -Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -Amendments to the law of 31 January 2003 on the phasing-out of nuclear energy industrial electricity generation purposes art. 2. in article 2 of the law of 31 January 2003 on the phasing-out of nuclear energy for purposes of industrial production of electricity 1 is repealed.
3. in article 4 of the Act, the following amendments are made: 1 ° the § 1 is replaced by the following: "§ 1." Nuclear power plants for the industrial production of electricity from the fission of nuclear fuel, are disabled on the following dates and can no longer produce electricity at this point:-Doel 1:15 February 2015.
-Doel 2: December 1, 2015;
-Doel 3: 1 October 2022.
-Tihange 2: February 1, 2023.
-Doel 4: July 1, 2025;
-Tihange 3: September 1, 2025;
-Tihange 1: October 1, 2025. ";" 2 ° § 2 is replaced by the following: "§ § 2 2" In the individual authorizations exploitation and industrial production of electricity from the fission of nuclear fuel, issued for a period indefinitely by the King, has) Act of 29 March 1958 on the protection of the population against the resulting dangers of ionizing radiation as well as based on article 5 of the royal decree of 28 February 1963, establishing general regulations for the protection of the population and workers against the danger of ionizing radiation and which remain applicable pursuant to article 52 of the Act of 15 April 1994;
(b) based on article 16 of the law of 15 April 1994, as well as under articles 5 and 6 of the royal decree of 20 July 2001 amending general regulation of the protection of the population, workers and the environment against the dangers of ionizing radiation;
provisions on permission for the industrial production of electricity from the fission of nuclear fuel shall cease on the date mentioned in paragraph 1. Other provisions remain fully applicable until they are appropriate under the law of 15 April 1994 or its orders of execution. "."
S. 4. in the same Act, it is inserted an article 4/1 as follows: "article 4/1. § 1. The owners of the nuclear power plant Tihange 1 pay the State, each in proportion to his undivided share without solidarity between them, an annual fee calculated in accordance with paragraph 2, in return for the extension of the duration of operation of the plant until September 30, 2025.
§ 2. The annual fee referred to in paragraph 1 is established for the period from 1 October to 31 December 2015, for each of the years schedule for 2016 and 2024 for the period from 1 January to 30 September 2025. It is due on April 15 of the year following the period for which it is established.
For each period, 70 percent of the positive difference between, on the one hand, the proceeds from the sale of electricity from the nuclear plant Tihange 1, established as provided for in paragraph 3, and that fee is the sum of the following items: 1 ° all actual expenses related to the operation of the plant, including the depreciation of investments of youth required , and 2 ° a net overall remuneration of 9.3 percent applied to the investments of youth, intended to cover the cost of capital raised by these investments and risks specific to the project, measured comparatively in an international environment.
The owners of the nuclear power plant Tihange 1 have the free disposal of the electricity produced by the plant. For the calculation of that fee, the proceeds from the sale of electricity from the plant is established on the basis of the maximum of it production, availability of 100 percent, that is deemed be sold, at the market price, for a third term two years in advance, for a third term a year in advance and for a third party the day before the day of production. This product is regulated on the basis of the amount actually produced by taking into account the price of the volumes purchased to offset volumes not produced during downtime.
When, for a period, the product of the sale so charged is less than the sum of the items referred to in paragraph 2, 1 ° and 2 °, the negative difference is deducted from the proceeds of sale of the following periods, on the understanding that a negative balance remaining 30 September 2025 remains to owners.
§ 3. Without prejudice to the tasks conferred by the law of 29 April 1999 on the organisation of the electricity market, the regulatory Commission for electricity and gas is responsible for a special mission of audit revenues and expenses referred to in paragraph 2. The owners of the nuclear power plant Tihange 1 communicate to the Commission all data necessary for the purposes of this audit.
§ 4. The fee referred to in paragraph 1 excludes all other costs the State (with the exception of any tax of general application) which would be linked to the property or the operation of the nuclear power plant Tihange 1, income, production and production capacity of the plant or the use of nuclear fuel.
§ 5. The State may enter into an agreement with the owners of the nuclear power plant Tihange 1 to: 1 ° specify the procedures for calculation of each component of the fee referred to paragraph 1, the imputation of any negative differences on revenues the following periods, and the verification of income and expenses related to the operation of the Central; "and 2 ° set compensation for the owners in the event of permanent cessation anticipated plant imposed by public authorities, or in the case of unilateral acts of the federal state that would change the economic parameters defined in the convention either reduce the ability of the owners to make profitable investments of youth made to the extension of the operation of the nuclear of Tihange 1."
S. 5. article 9 of the Act is repealed.
CHAPTER 3. -Amendment of the law of 11 April 2003 on the estimates for the decommissioning of nuclear power plants and for the management of fissile materials irradiated in these power plants s. 6. in article 11, § 3, paragraph 1, 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, the words 'or no later than forty years after the industrial commissioning date' are replaced by the words "either no later than the dates referred to in article 4" ", § 1, of the law of 31 January 2003 on the phasing-out of nuclear energy for purposes of industrial production of electricity".
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, December 18, 2013.
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 records of the House of representatives: 53-3087-2013/2014: No. 1: Bill.
Nos. 2 and 3: amendments.
No. 4: report.
No. 5: Text adopted by the commission.
No. 6: Text adopted in plenary meeting and transmitted to the Senate.
Full report: November 28, 2013.
The Senate documents: 5-2367/1-2013/2014: No. 1: project referred by the Senate.
No. 2: amendments.
No. 3: report.
No. 4: decision of do not improve annals of the Senate: 12 December 2013.