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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belgiquelex.be - Carrefour Bank of Legislation

27 DECEMBER 2012. - An Act 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)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. Article 2 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, as amended by the Act of 25 April 2007 on various provisions, is supplemented by a new item 9°, as follows:
"9° "last calendar year": the calendar year prior to the year in which the vintage identifies the basic distribution contribution and the complementary distribution contribution referred to in Article 14, § 8. "
Art. 3. In Article 11, § 5, of the same Act, inserted by the Program Law of 22 December 2008, the following amendments are made:
1° the words "distribution contribution" are replaced by the words "basic distribution contribution";
2° the words "as well as a supplementary distribution contribution referred to in Article 14, § 8, in charge of the same debtors" are inserted between the words "in charge of the nuclear operators referred to in Article 2, 5°, and companies referred to in Article 24, § 1er and the words ", and this in the context of a public service obligation."
Art. 4. In section 13 of the Act, inserted by the Program Act of 22 December 2008 and amended by the Program Act of 23 December 2009, the following amendments are made:
1° in paragraph 2, the words "basic" are inserted between the words "distribution contribution" and the words "section 14, § 8,";
2° this article is supplemented by a paragraph, which reads as follows:
"The nuclear supply company is also responsible, within the framework of an obligation of public service, to advance to the State the complementary distribution contribution referred to in Article 14, § 8, in accordance with the terms and conditions referred to in this provision and the reductions provided for in Article 14, § 11. Paragraphs 3 and 4 apply to this obligation of the nuclear supply company. "
Art. 5. In article 14, § 8, of the same law inserted by the programme law of 22 December 2008 and amended by the programme law of 23 December 2009, by the law of 29 December 2010 on various provisions and by the law of 8 January 2012 on various provisions concerning energy and sustainable development, the following amendments are made:
1° a paragraph, as follows, is inserted between paragraphs 6 and 7:
"For the year 2012, the total amount of the basic distribution contribution is set at 250 million euros. This amount will be allocated to the Ways and Means budget. »;
2° two paragraphs, as follows, are inserted between paragraphs 12 and 13:
"For the year 2012, the nuclear allowance corporation transfers the basic distribution contribution referred to in paragraph 7, and the supplementary distribution contribution referred to in paragraph 8, in the same manner as those provided for in paragraph 11 and no later than 31 December 2012. In derogation from the provisions of paragraph 11, the basic distribution contribution referred to in paragraph 7 and the supplementary distribution contribution referred to in paragraph 8 shall be transferred to the bank account 679-2003169-22 to the attention of the FPS Finance.
By derogation from paragraph 10, for the year 2012, the amount of the individual base distribution contribution and the individual supplementary distribution contribution must be paid by the nuclear operators referred to in Article 2, 5°, and any other corporation referred to in Article 24, § 1erto the nuclear supply company no later than 31 January 2013. "
3° § 8 is supplemented by a paragraph written as follows:
"For the purposes of section 49 of the IRB/92, the deduction of the apportionment contribution for the year 2011 applies to the taxable income of the 2011 taxable period. "
Art. 6. In Article 14, § 8, of the same Act, inserted by the Program Law of 22 December 2008 and amended by the Program Law of 23 December 2009, by the Act on Miscellaneous Provisions of 29 December 2010 as well as by the Act of 8 January 2012 on Miscellaneous Provisions on Energy and Sustainable Development, a paragraph written as follows is inserted between the new paragraph 7, inserted by Article 5, 1°, and the former paragraph 7 which becomes paragraph 7
"The overall amount of the supplementary distribution contribution is set for the year 2012 to 350 million euros. On this amount, a degressive reduction is applied, as specified in § 11, which also determines the other rules relating to perception. This net amount will be allocated to the Ways and Means budget. »
Art. 7. Section 14 of the Act, inserted by the Program Act of 22 December 2008 and amended by the Program Act of 23 December 2009, by the Act on Miscellaneous Provisions of 29 December 2010 and by the Act of 8 January 2012 on Miscellaneous Provisions on Energy and Sustainable Development, is supplemented by paragraph 11 as follows:
“§ 11. In order to take into account the contributive faculty and the risks associated with the size of the production park of each of the debtors of the supplementary distribution contribution established by § 8, a degressive reduction in the amount of this complementary contribution is granted to the debtor.
Degressive reduction of the additional allocation contribution to the debtor referred to in paragraph 1er - in the form of contribution credit - is granted by cumulative instalments as follows:
- in the range between 0 and 5% of the share of industrial electricity production by nuclear fuel fission, the reduction is 40%;
- in the range between 5 and 10% of the share of industrial electricity production by nuclear fuel fission, the reduction is 35%;
- in the range between 10% and 20% of the share of industrial electricity production by nuclear fuel fission, the reduction is 30%;
- in the range between 20% and 30% of the share of industrial electricity production by nuclear fuel fission, the reduction is 20%;
These reductions are personal and are not deferable to other debtors.
For the surplus, the method of calculating and paying the amount of the distribution contribution of the nuclear operators referred to in Article 2, 5°, and the companies referred to in Article 24, § 1er, provided for in § 8, paragraphs 9, 15 and 16, are also applicable to the supplementary distribution contribution referred to in § 8 and 11. § 8, paragraphs 9, 17 and 18, and §§ 9 and 10 shall apply to the supplementary distribution contribution established by § 8, as amended in the manner referred to in § 11. "
Art. 8. Article 22bis, § 1erParagraph 1er, the same Act, inserted by the Programme Act of 22 December 2008 and amended by the Programme Act of 23 December 2009, by the Act on Miscellaneous Provisions of 29 December 2010 and by the Act of 8 January 2012 on various provisions concerning energy and sustainable development, the words "paragraphs 1er 8" are replaced by the words "paragraphs 1er to 10 and article 14, § 11".
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given at Châteauneuf-de-Grasse, December 27, 2012.
ALBERT
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:
For the Minister of Justice, absent:
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 commission, 53-2557, no. 4. - Text adopted and transmitted to the Senate, 53-2557, No. 5
Senate.
Documents. - Bill 5-1901 (1).