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18 DECEMBER 2013. - An Act to amend the Act of 31 January 2003 on the phase-out of nuclear energy for the purpose of industrial electricity production and to amend 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 (1)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Amendments to the Act of 31 January 2003 on the progressive release of nuclear energy for industrial electricity production
Art. 2. In section 2 of the Act of 31 January 2003 on the phase-out of nuclear energy for industrial electricity production, the 1st is repealed.
Art. 3. In section 4 of the Act, the following amendments are made:
1° § 1^er is replaced by the following:
§ 1^er. Nuclear power plants intended for industrial electricity production from the fission of nuclear fuels are disabled on the following dates and can no longer produce electricity at this moment:
- Doel 1: 15 February 2015;
- Doel 2:^er December 2015;
- Doel 3: 1^er October 2022;
- Tihange 2:^er February 2023;
- Doel 4: 1^er July 2025;
- Tihange 3: 1^er September 2025;
- Tihange 1:^er October 2025. ";
"2° § 2 is replaced by the following:
"§2. In individual authorizations for the operation and industrial production of electricity from the fission of nuclear fuels, issued for a period without limitation of duration by the King,
(a) pursuant to the Act of 29 March 1958 on the Protection of Population from the Hazards of Ionizing Radiation and on the basis of Article 5 of the Royal Decree of 28 February 1963 on the general regulation of the protection of the population and of workers against the danger of ionizing radiation and which remain applicable under section 52 of the Act of 15 April 1994;
(b) on the basis of section 16 of the Act of 15 April 1994, as well as pursuant to sections 5 and 6 of the Royal Decree of 20 July 2001 on the general regulation of the protection of the population, workers and the environment from the danger of ionizing radiation;
the provisions relating to permission for industrial electricity production from the fission of nuclear fuels end on the date referred to in paragraph 1^er. The other provisions remain in full application until they are adapted under the Act of 15 April 1994 or its enforcement orders.".
Art. 4. In the same Act, an article 4/1 is inserted as follows:
"Art. 4/1. § 1^er. The proprietors of the Tihange 1 nuclear power plant pay to the State, each of them on its undivided and unsolidated part, an annual fee, calculated in accordance with paragraph 2, in return for the extension of the operating time of the power plant until 30 September 2025.
§ 2. The annual fee referred to in paragraph 1^er for the period 1^er October to December 31, 2015, for each calendar year from 2016 to 2024 and for the period from 1^er 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, the said fee corresponds to 70 percent of the positive difference between, on the one hand, the proceeds of the sale of electricity from the Tihange 1 nuclear power plant, as set out in paragraph 3, and on the other hand, the following:
1° all actual loads related to the operation of the plant, including the depreciation of the required jouvence investments, and
2° a net overall remuneration of 9.3 per cent applied to investment in youth, to cover the cost of capital mobilised by these investments and the specific risks of the project, measured comparatively in an international environment.
The owners of the Tihange 1 nuclear power plant have the free disposal of electricity produced by the power plant. For the calculation of the said royalty, the proceeds of the sale of electricity from the plant are based on the maximum production of the plant, at a maximum of 100 percent, which is deemed to be sold, at the market price, for a third-party in advance two years, for a third-party in advance one year and for a third-party on the day before the day of production. This product is regulated according to the quantity actually produced by taking into account the price of the volumes purchased to compensate volumes not produced during unavailability periods.
Where, for a period of time, the proceeds of the sale thus established are less than the sum of the items referred to in paragraph 2, 1° and 2°, the negative difference shall be deducted from the proceeds of sale of the following periods, provided that a negative balance of 30 September 2025 remains dependent on the owners.
§ 3. Without prejudice to the tasks entrusted to it by the Act of 29 April 1999 on the organization of the electricity market, the Electricity and Gas Control Board is responsible for a special mission to verify the revenues and expenses referred to in paragraph 2. The owners of the Tihange 1 nuclear power plant communicate to the Commission all the data it needs for this verification.
§ 4. The royalty referred to in paragraph 1^er excludes any other charges in favour of the State (with the exception of general application taxes) that would be related to the ownership or operation of the Tihange 1 nuclear power plant, the revenues, production or production capacity of that power plant or the use by it of nuclear fuel.
§ 5. The State may conclude a convention with the owners of the Tihange 1 nuclear power plant to:
1° specify the method of calculating each component of the royalty referred to in paragraph 1^erthe imputation of possible negative differences in revenues for the following periods, and the audit of revenues and expenses related to the operation of the plant; and
2° to settle the compensation of the owners in the event of an anticipated final shutdown of the power plant imposed by the public authorities or in the case of unilateral acts of the federal state that would either alter the economic parameters defined in the agreement or reduce the ability of the owners to return the investment of the yoke granted for the extension of the operation of the Tihange 1 nuclear power plant. "
Art. 5. Section 9 of the Act is repealed.
CHAPTER 3. - Amendment of the Act of 11 April 2003 on forecasts for the dismantling of nuclear power plants and for the management of fissile material irradiated in nuclear power plants
Art. 6. In Article 11, § 3, paragraph 1^er, 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 power plants, the words "or not later than forty years after the date of industrial service" are replaced by the words "or not later than the dates provided for in Article 4, § 1^er, of the Act of 31 January 2003 on the progressive release of nuclear energy for the purpose of industrial production of electricity".
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 18 December 2013.
PHILIPPE
By the King:
Deputy Prime Minister and Minister of the Interior and Equal Opportunities,
Ms. J. MILQUET
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: 53-3087 - 2013/2014:
Number 1: Bill.
n^bones 2 and 3: Amendments.
Number 4: Report.
No. 5: Text adopted by the commission.
No. 6: Text adopted in plenary and transmitted to the Senate.
Full report: 28 November 2013.
Senate documents: 5-2367/1 - 2013/2014:
Number 1: Project referred to by the Senate.
No. 2: Amendments.
Number three: Report.
#4: decision not to amander
Annales of the Senate: December 12, 2013.