Law On Amendments To 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 Plants (1)

Original Language Title: Loi portant modifications de la loi du 11 avril 2003 sur les provisions constituées pour le démantèlement des centrales nucléaires et pour la gestion des matières fissiles irradiées dans ces centrales (1)

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2012011519&caller=list&article_lang=F&row_id=1400&numero=1411&pub_date=2012-12-28&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2012-12-28 Numac: 2012011519 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES averages and energy 27 December 2012. -Act on amendments to 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 (1) ALBERT II, King of the Belgians, to all, present and future, 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. article 2 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 plants, as amended by the Act of April 25, 2007 various provisions, is complemented by a new point 9 ° as follows: ' 9 ° "last previous calendar year": the calendar year preceding that in which the vintage identifies the distribution of basic contribution and the contribution of additional allocation referred to. article 14, § 8. ».
S. 3. in article 11, § 5, of the Act, inserted by the programme act of 22 December 2008, the following changes are made: 1 ° 'contribution of distribution' shall be replaced by the words "distribution of basic contribution."
2 ° words "as well as input from additional allocation referred to in article 14, § 8 responsibility of the same liable» are inserted between the words" dependants of nuclear operators referred to in article 2, 5 °, and companies as referred to in article 24, § 1 "and the words", and this within the framework of a public service obligation.
S. 4. in article 13 of the same Act, inserted by the programme act of 22 December 2008 and amended by the programme act of December 23, 2009, the following changes are made: 1 ° in paragraph 2, 'database' is inserted between the words "contribution of distribution" and the words "referred to in article 14, § 8 ';
2 ° this article is supplemented by a paragraph, as follows: "nuclear provisioning is also responsible, within the framework of a public service obligation, to advance to the State the contribution of additional allocation referred to in article 14, § 8, in the manner stipulated by this provision and the reductions provided for in article 14, § § 11 11" Paragraphs 3 and 4 apply to this requirement of the nuclear provision company. ».
S. 5. in article 14, § 8 of the same Act inserted by the programme act of 22 December 2008 and amended by the programme act of December 23, 2009, by the law of December 29, 2010 various provisions and by the law of 8 January 2012 on various provisions on energy and sustainable development, the following changes are made : 1 ° a paragraph, worded as follows, shall be inserted between paragraphs 6 and 7: 'for the year 2012, the total amount of the contribution of distribution of base is set at EUR 250 million. This amount will be allocated to the budget of ways and means. »;
2 ° two paragraphs, written as follows, shall be inserted between paragraphs 12 and 13: 'for the year 2012, the nuclear provision company transfers the contribution of distribution of base referred to in paragraph 7, and the contribution of additional allocation referred to in paragraph 8, on the same terms as those laid down in paragraph 11 and no later than 31 December 2012. By derogation from the provisions of paragraph 11, the contribution of distribution of base referred to in paragraph 7 and the contribution of additional allocation referred to in article 8, are transferred to the bank account 679-2003169-22 to the attention of the SPF finance.
By way of derogation from article 10, for the year 2012, the amount of the contribution of distribution of individual basis and the contribution of individual complementary distribution must be paid by nuclear operators referred to in article 2, 5 °, and any other corporation referred to in article 24 § 1, to the company's provisioning nuclear no later than January 31, 2013. ».
3 ° § 8 is supplemented by a paragraph worded as follows: "For the purposes of section 49 of the CIR/92, the deduction of the contribution of distribution for the year 2011 operates on the taxable income of the period taxable 2011.".
S. 6. in article 14, § 8 of the Act, inserted by the programme act of 22 December 2008 and amended by the programme act of December 23, 2009, by miscellaneous provisions Act of December 29, 2010, as well as by the Act of January 8, 2012, laying of the provisions on energy and sustainable development, a paragraph worded as follows is inserted between new paragraph 7 inserted by article 5 (1), and the former paragraph 7 which becomes article 9: "the total amount of the contribution of complementary distribution is set for the year 2012 to EUR 350 million. Of this amount, a degressive reduction is applied, as specified in § 11, which also determines the other rules relating to perception.
The net amount so collected will be assigned to the ways and means budget. » Art. 7. article 14 of the same Act, inserted by the programme act of 22 December 2008 and amended by the programme act of December 23, 2009, by law concerning various provisions of December 29, 2010, as well as by the Act of January 8, 2012, laying of the provisions on energy and sustainable development is complemented by paragraph 11 as follows :
« § 11. In order to take into account the contributory faculty and the risks related to the size of the Park's production of each of those liable to pay the contribution of complementary distribution established by section 8, a degressive reduction of the amount of this additional contribution is given to the debtor.
The degressive reduction of the contribution of complementary distribution given the debtor referred to in paragraph 1 - in the form of credit contribution - shall be granted cumulative increments as follows:-on the slice between 0 and 5% of the share of the industrial production of electricity by fission of nuclear fuel, the reduction is 40%;
-on the slice between 5 and 10% of the share of the industrial production of electricity by fission of nuclear fuel, the reduction is 35%;
-on the edge between 10 and 20% of the share of the industrial production of electricity by fission of nuclear fuel, the reduction is 30%;
-on the edge between 20 and 30% of the share of the industrial production of electricity by fission of nuclear fuel, the reduction is 20%;
These reductions are personal and are not carried forward on other outstanding obligations.
For the rest, the terms of calculation and of payment of the amount of the contribution of distribution of nuclear operators referred to in article 2, 5 °, and companies referred to in article 24, § 1, provided for in § 8, paragraphs 9, 15 and 16, are also applicable to the contribution of additional allocation referred to in §§ 8 and 11. § 8, paragraphs 9, 17 and 18, and §§ 9 and 10 apply to the contribution of complementary distribution established by section 8, modulated according to the modalities referred to in § 11. ».
S. 8A article 22A, § 1, paragraph 1, of the Act, inserted by the programme act of 22 December 2008 and amended by the programme act of December 23, 2009, by Act promulgating miscellaneous provisions of December 29, 2010, as well as by the Act of January 8, 2012, bearing of various provisions on energy and sustainable development, the words "paragraphs 1 to 8» are replaced by the words ' paragraphs 1 to 10 as well as article 14. «, § 11.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given at Chateauneuf-de-Grasse, December 27, 2012.
ALBERT 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: to the Minister of Justice, absent: the Deputy Prime Minister and Minister of Pensions, A. DE CROO _ Note (1) Session 2012 - 2013.
House of representatives.
Documents.
-Bill, 53-2557, no. 1. -Amendments 53-2557, no. 2. -Report, 53-2557, no. 3. -Text corrected by the commission 53-2557, no. 4. -Text adopted and transmitted to the Senate, 53-2557, no. 5 Senate.
Documents.
-Bill 5-1901 (1).