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Act On The Amendment Of The Act Of 29 April 1999 On The Organisation Of The Market For Electricity (1)

Original Language Title: Loi portant modification de la loi du 29 avril 1999 relative à l'organisation du marché de l'électricité (1)

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belgiquelex.be - Carrefour Bank of Legislation

1er JUIN 2005. - An Act to amend the Act of April 29, 1999 on the organization of the electricity market (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER Ier. - General provision
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution and aims to transpose the Directive 2003/54/EC of the European Parliament and the Council of 26 June 2003 on common rules for the domestic electricity market and repealing Directive 96/92/EC.
CHAPTER II. - Amendments to the Act of 29 April 1999 on the organization of the electricity market
Art. 2. Section 2 of the Act of 29 April 1999 on the organization of the electricity market, as amended by the Acts of 30 December 2001, 14 January 2003 and 20 March 2003, are amended as follows:
1° it is inserted a 7bis, written as follows:
"7bis "interconnections": equipment used to interconnect electrical transportation and distribution networks";
2° the 13° is replaced by the following provision:
"13° "customer": any final, intermediate, distribution network manager or network manager
3° 21° is replaced by the following provision:
"21° "forward-looking study": the study on the prospects for electricity supply, established pursuant to Article 3";
4° the 24° is replaced by the following provision:
"24° Directive 2003/54/EC": Directive 2003/54/EC of the European Parliament and Council of 26 June 2003 on common rules for the domestic electricity market and repealing Directive 96/92/EC";
5° on 27°, repealed by the Act of 20 March 2003, is reinstated in the following wording:
"27° "energy efficiency and/or demand management": a global or integrated approach to influence the importance and timing of electricity consumption in order to reduce the consumption of primary energy and charging points, giving priority to investments in energy efficiency or other measures rather than investments to increase production capacity, if the first are the most efficient and economical solution";
6° the article is completed from 28°, 29°, 30°, 31°, 32°, 33° and 34° written as follows:
"28° "Energy Branch": the Directorate General of Energy of the Federal Public Service Economie, P.M.E., Average Classes and Energy;
29° "Non-executive administrator": any director who does not assume a management function within the network manager or one of its subsidiaries;
30° "Independent administrator": any non-executive administrator who:
- meets the requirements of Article 524, § 4, of the Code of Societies and
- did not exercise during the twenty-four months preceding its designation, a function or activity, whether paid or not, at the service of a producer other than a self-producer, one of the owners of the network, a distributor, an intermediary, a supplier or a dominant shareholder;
31° "regular period": the four-year period in which the rates referred to in section 12 apply;
32° "equitable margin": the margin referred to in Article 12, § 2;
33° "regulated assets": the assets referred to in Article 12quinquies;
34° "performance rate": the rate referred to in section 12quinquies. »
Art. 3. Section 3 of the Act, as amended by the Acts of 31 January 2003 and 20 March 2003, is replaced by the following provision:
“Art. 3. § 1er. The forward-looking study is prepared by the Energy Branch in collaboration with the Plan Office and after consultation with the Network Manager and the Interdepartmental Commission on Sustainable Development.
The prospective study project is submitted for advice to the commission and can be submitted for advice to the Regions.
A consultation is organized with the Regions on the promotion of the use of renewable energy sources, the rational use of energy and the integration of environmental constraints. This consultation must take place within one month.
The prospective study has a ten-year scope. It is adapted every three years for the next ten years. It is established for the first time within fifteen months of the entry into force of this section.
From 2015, the prospective study will be prepared annually.
§ 2. The prospective study contains the following elements:
1° it makes an estimate of the evolution of the demand for medium- and long-term electricity and identifies the resulting production needs;
2° it defines guidelines for the choice of primary sources by ensuring appropriate diversification of fuels, promoting the use of renewable energy sources and integrating the environmental constraints defined by the Regions;
3° it defines the nature of the production lines to be preferred by promoting low greenhouse gas production technologies;
4° it assesses the need for public service obligations in the field of production, as well as the efficiency and cost of these obligations;
5° it assesses the security of electricity supply and makes recommendations in this regard when it is likely to be compromised.
§ 3. The Minister communicates the forward-looking study to the Federal Legislative Chambers and regional governments. It ensures an appropriate publication of the prospective study. »
Art. 4. Section 4 of the Act, as amended by the Act of 31 January 2003, is amended by:
1° to § 1erParagraph 1er, the words "on proposal" are replaced by the words "after notice";
2° § 3, 1°, is replaced by the following provision:
"1° the procedure for granting the authorizations referred to in § 1erParagraph 1er, including the form of the application, the investigation of the file, the deadlines for the Minister to decide and notify the applicant and the commission of the decision, and the fee to be paid to the commission for the analysis of the file. »
Art. 5. Section 5 of the Act is replaced by the following provision:
“Art. 5. § 1er. Without prejudice to the provisions referred to in Article 21, paragraph 1er, 1° and 2°, the Minister may use the tendering procedure for the establishment of new electricity production facilities where the supply security is not sufficiently ensured by:
1° the production capacity under construction; or
2° energy efficiency measures; or
3° the application management.
The call for tenders must take into account long-term secured electricity supply offers that originate from existing electricity production facilities, provided that they cover additional requirements.
§ 2. The Minister motivates the use of the tender procedure, including the following criteria:
1° the inadequacy between the production park, taking into account the prospective study, and the evolution of the demand for electricity in the medium and long term;
2° investments to increase production capacity, without prejudice to energy efficiency investments;
3° the public service obligations referred to in Article 21.
§ 3. The network manager's opinion regarding the size of the production park and the impact of imports is requested prior to the launch of the tender procedure.
§ 4. The King will determine the terms and conditions of the tender procedure by ensuring:
1° effective competition by tender;
2° the transparency of the procedure, in particular the technical specifications and criteria for awarding the tender;
3° equal treatment of all candidates responding to the tender.
The specifications may contain incentives to support the construction of electricity production facilities under the call for tenders. In accordance with Article 21, the King may determine, by order deliberately in the Council of Ministers, public service obligations allowing the financing of the incentives referred to above.
§ 5. After receiving the notice from the network manager, the Minister shall designate, on the basis of the criteria set out in section 4, § 2, the candidate(s) selected following the tender. »
Art. 6. Article 6, § 1er, from the same law, the words "on proposal" are replaced by the words "after notice".
Art. 7. Section 8, § 2, of the Act, added by the Act of 20 March 2003, is replaced by the following provision:
Ҥ2. The network manager may, in accordance with his social object, exercise any other activity in or outside Belgium. Subject to consultation with the Regions, these activities may include services for the operation, maintenance, improvement, renewal, extension and/or management of local, regional and/or distribution networks from 30 kV to 70 kV. It may carry out these activities, including commercial activities, directly or through participation in existing public or private bodies, societies or associations or associations.
These activities can only be carried out if they do not have a negative impact on the independence of the network manager or on the performance of the tasks entrusted to it by law;
The activities referred to in this paragraph are subject to separate accounting in accordance with Article 22.
The network manager sets out a program of commitments that contains the measures taken to ensure that any discriminatory practice is excluded and ensures that its application is properly monitored. This program lists specific employee obligations to achieve this goal. A person responsible for monitoring the program within the network manager addresses annually to the commission a report describing the actions taken. This report is published by the network manager. »
Art. 8. Section 9 of the Act, as amended by the Acts of 16 July 2001 and 20 March 2003, is replaced by the following provisions:
“Art. 9. § 1er. The network manager must be constituted in the form of an anonymous company and have its head office and central administration in a State part of the European Economic Area. It cannot engage in electricity production or sale activities other than sales required by its coordination activity as network manager. It can also not engage in distribution network management activities of a voltage level less than 30 kV.
The network manager cannot directly or indirectly hold partner rights in any form in producers, distributors, suppliers and intermediaries.
§ 2. The Board of Directors of the Network Manager is composed exclusively of non-executive administrators and for at least half of independent administrators. The Commission shall give a notice in accordance with the independence of the independent directors referred to in section 2, 30°, no later than 30 days from the date of receipt of the notification of the appointment of these independent directors by the competent body of the network manager. In addition to their independence, these independent directors are appointed by the General Assembly in part for their financial management knowledge and in part for their technical knowledge.
The board of directors is composed of at least one third of members of the other sex.
The provisions of subparagraphs 1er and 2 apply for the first time during the renewal of all or part of the mandates of the Board members.
The Board of Directors of the Network Manager is at a minimum an audit committee, a compensation committee and a corporate government committee.
The audit committee, and the compensation committee are composed exclusively of non-executive directors and mostly independent directors.
The Corporate Governance Committee is composed exclusively of independent directors, which are at least three.
§ 3. The audit committee is responsible for the following tasks:
1 to review the accounts and ensure the control of the budget;
2° follow up on audit work;
3° assess the reliability of financial information;
4° organize and monitor internal control;
5° verify the effectiveness of internal risk management systems.
The audit committee has the power to investigate any matter that falls within its remit. To this end, it has the necessary resources, has access to any information, with the exception of commercial data relating to network users, and may request advice from internal and external experts.
§ 4. The Compensation Committee is responsible for making recommendations to the Board of Directors regarding the remuneration of members of the Executive Committee.
§ 5. The Corporate Governance Committee is responsible for the following tasks:
1° to propose to the general meeting of shareholders candidates for independent directors' mandates;
2° prior approval of the appointment of members of the steering committee;
3° to consider, at the request of any independent administrator, the chair of the steering committee or commission, any case of conflict of interest between the network manager, on the one hand, and a dominant shareholder or a company associated with or related to a dominant shareholder, on the other hand, and to report thereon to the board of directors;
4° to decide on cases of incompatibility in the head of management and staff;
5° to ensure the application of the provisions of this Article and of Article 9ter, to assess its effectiveness with respect to the objectives of independence and impartiality of the management of the transport network and to submit an annual report on this subject to the commission.
§ 6. The board of directors of the network manager shall establish, in accordance with section 524bis of the Corporations Code, a steering committee.
§ 7. After prior approval of the Corporate Governance Committee, the Board of Directors of the Network Manager shall appoint and, where appropriate, revoke the members of the Management Committee, including its Chair and Vice-Chair.
The provisions of this paragraph shall apply for the first time only to the appointments and renewals of terms of office after this section comes into force.
The chair and vice-chair of the steering committee shall sit on the board of the network manager with an advisory voice.
§ 8. The Board of Directors of the Network Manager has the following powers:
1° it defines the general policy of society;
2° shall exercise the powers conferred upon it by the or under the Code of Societies, with the exception of the powers assigned or delegated to the steering committee of the network manager;
3° ensures general monitoring of the network manager's management committee in accordance with legal restrictions regarding access to and processing of commercial data and other confidential data relating to network users;
4° he exercises the powers which are granted to him by statute.
§ 9. The steering committee of the network manager shall, inter alia, exercise the following powers:
1° the management of electricity networks;
2° the day-to-day management of the network manager;
3° other powers delegated by the board of directors;
4° the powers granted to him by statute.
§ 10. During the renewal of the terms of reference of members of the board of directors and the steering committee, it is ensured to achieve and maintain a linguistic balance.
Art. 9. An article 9ter is inserted in the same law, as follows:
"Art. 9ter. By deliberately decreed in the Council of Ministers, after notice of the commission and in consultation with the network manager, the King defines:
1° the requirements for the independence of the network manager personnel in respect of producers, distributors, suppliers and intermediaries, from a financial point of view;
2° the precautions to be taken by the network manager in order to preserve the confidentiality of commercial data relating to network users;
3° measures to avoid discrimination between users or categories of users of the network and, in particular, any discrimination in favour of companies related to the network manager;
4° the possible obligation of the network manager to accept that disputes relating to access to the transport network or the application of the technical regulation are subject to conciliation or arbitration in accordance with the regulation referred to in section 28 of the Act. »
Art. 10. §§ 1er to 4 are replaced by the following:
“Art. 12. § 1er. The connection to the transport network, the use of the transport network and the provision of the auxiliary services by the network manager is made on the basis of tariffs proposed by the network manager and subject to the approval of the commission, pursuant to the procedure referred to in section 12quinquies, 4°.
§ 2. The total income required for the performance of legal and regulatory obligations to the network manager under this Act is subject to the approval of the commission. This total income covers:
1° all costs necessary for the exercise by the network manager during the regular period of the tasks referred to in Article 8, § 1erincluding financial expenses;
2° depreciation and a fair margin for the remuneration of capital invested, both necessary to ensure the optimal operation, the necessary investments and the viability of the transport network and to offer the network manager a favourable perspective on access to long-term capital markets;
3° where applicable, the performance of public service obligations under section 21; and
4° if applicable, the overloads applied on the rates.
§ 3. The rates for emergency electricity for quality co-generation facilities of less than 20 MW connected either to the transport network or to a distribution network are among the auxiliary service rates. These rates are mainly based on electricity consumption for the emergency and maintenance needs of co-generation facilities. »
Art. 11. After section 12bis of the Act the following provisions are inserted:
"Art. 12ter. The rates are as follows:
1° they are non-discriminatory and transparent;
2° they allow the balanced development of the transport network in accordance with the various investment and development plans of the network manager;
3° they are internationally comparable to best tariff practices applied by comparable transport network managers;
4° they allow the network manager to generate the total income referred to in Article 12, § 2;
5° to the extent possible, they aim to optimize the use of the capacity of the transport network;
6° they are sufficiently decomposed, including:
(a) depending on the terms and conditions of use of the transport network;
(b) in respect of auxiliary services;
(c) with regard to possible overloads for public service obligations under articles 7 and 21, first paragraph, 3°;
7° the tariff structures are uniform throughout the territory, without differentiation by geographic area.
Art. 12quater. § 1er. The total income for the first year of the regular period is the basis for determining total income for the following years of the four-year regular period. The total income will change during the regular period, taking into account the following:
1° the categories of total income components as referred to in Article 12, § 2, 1° and which relate to costs on which the network manager does not have direct control and which are necessary for the safety, efficiency and reliability of the network evolve annually according to the corresponding costs supported by the network manager.
When the Commission, after being informed by the network manager, finds that the prices offered to the network manager for auxiliary services supplies, as described in section 231 of the Royal Decree of 19 December 2002 establishing a technical regulation for the management of the electricity transmission network and access to it, are not in accordance with European practices, it shall refer to the Council of the Competition. In the interval of the Commission's decision, the prices offered to the network manager are taken into account in setting the total income referred to in Article 12, § 2.
2° the categories of total income components, as referred to in Article 12, § 2, 1° and which relate to costs on which the network manager has direct control and which are necessary for the safety, efficiency and reliability of the network, evolve annually on the basis of an objective indexing formula that results in stable rates during the four-year period and that ensures the coverage of the obligations of the network manager in accordance with the applicable indexing formula
3° depreciation changes annually based on investments, which include both development investments and alternative investments;
4° the profit margin changes annually according to the evolution of the regulated asset and the rate of return referred to in section 12quinquies, 1°;
5° interest charges change annually depending on the evolution of interest rates.
§ 2. The network manager shall, before each regular period, introduce to the commission, for approval, a tariff proposal drawn up on the basis of the total income referred to in Article 12, § 2, in accordance with the procedure referred to in Article 12quinquies, 4°.
§ 3. The network manager may, during a regular period, submit an updated tariff proposal to the Commission for approval, covering new services and/or the adaptation of existing services. This proposal is introduced and instructed by the Commission in accordance with the procedure for applying the tariff proposal. This updated tariff proposal takes into account the total income and tariff proposal approved by the Commission, without altering the integrity of the total income and the existing tariff structure.
Art. 12quinquies. The King, on the proposal of the commission established in consultation with the network manager and submitted within forty calendar days of receipt of the Minister's request, shall, after deliberation in the Council of Ministers, establish the following rules relating to:
1° to the methodology for determining the total income and the fair margin referred to in Article 12bis; This methodology includes:
a) a definition of the regulated asset;
(b) the rules of evolution of the assets regulated over time;
(c) a determination of a return rate on this regulated asset that corresponds to a return that investors, in competitive markets, may expect to obtain for long-term investments with similar risks, in accordance with the best practices of the international financial market;
2° to the general rate structure for network connection rates, network usage rates and auxiliary service rates;
3° to the treatment of the balance (positive or negative) between the reported costs and the revenues recorded annually during a regular period by the network manager, provided that this balance results from a difference between the unmanageable real costs borne by the network manager and the forecasting non-managerial costs, and/or a difference between the actual volumes and the forecasting volumes of sale of the network manager;
4° to the procedure of:
(a) proposal and approval of total income and rates for the first year of each regulatory period;
(b) monitoring compliance with the rules of evolution of total income during the regular period, as referred to in Article 12quater, § 1erand rates during the regular period;
(c) Publication of tariffs;
5° to annual reports and information that the network manager must provide to the commission for the control of its rates by the commission;
6° to the objectives that the network manager must pursue in terms of cost control;
7° to the rules relating to the allocation of revenues from the allocation of international interconnection capabilities, with a view to their optimal development and the safety of the transport network.
Art. 12sexies. The reporting templates to be transmitted by the network manager to the commission are developed by the commission, after consultation with the network manager.
Art. 12s. § 1er. In the event of the occurrence, during a regular period, of exceptional circumstances beyond the control of the network manager, the network manager shall submit to the Commission for approval a reasoned request to review the rules of determination of the total income referred to in Article 12, § 2, with respect to the years to come of the regulatory period.
§ 2. At the end of each four-year regular period, the network manager determines the balance (positive or negative) between the costs incurred and the revenues recorded during the regular period, provided that this balance results from a difference between the actual unmanageable costs borne by the network manager and the non-managerable costs forecasted, and/or a difference between the actual volumes and the forecasted sales volumes of the network manager.
He informs the commission of this balance, and provides the evidence of this fact.
The distribution of this balance is determined by a deliberate order in the Council of Ministers.
Art. 12octies. After consultation with the governments of the Regions, the King may, under the conditions it defines, extend the scope of sections 12 to 12septies to the rates of connection to the distribution, local transport or regional transport networks of these Regions, to the rates of use of these networks, as well as to the rates of auxiliary services provided by the managers of these networks.
Art. 12novies. After notice of the commission and without prejudice to the provisions of the Royal Decree of 19 December 2002 establishing a technical regulation for the management of the electricity transmission network and access to it, the King may define specific rules relating to the determination of the amortizations and the fair space respectively referred to in Article 12quater, § 1er, applicable to extensions of facilities or new facilities for the transport of electricity recognized as national or European interest, for a specified number of regulatory periods, in order to allow the long-term development of these facilities.
These rules are applied to the investments concerned, for the determination of the total income referred to in Article 12, § 2, and the rates drawn up on that basis. These projects are recognized as national or European interest, which contribute, respectively on the Belgian or European level, to the security and/or optimization of the operation of the interconnected network(s)(s) of electricity transport and which facilitate the development of the national and/or European domestic market. »
Art. 12. Article 13, § 1erthe same law, as amended by the Act of 20 March 2003, is replaced by the following provision:
« § 1er. The network manager establishes a transport network development plan in collaboration with the Energy Branch and the Federal Office of the Plan.
The draft development plan is submitted for advice to the Commission.
The development plan is subject to the Minister's approval.
For the parties of the development plan regarding the changes in the transport network necessary to connect to the transport network of electricity production facilities from the winds in the marine areas on which Belgium can exercise jurisdiction in accordance with international law of the sea, the Minister consults before the competent minister for the marine environment.
The development plan covers a period of ten years. It is adapted every three years for the next ten years. It is established for the first time within twelve months of the approval of the prospective study.
The King sets out the modalities of the development plan development, approval and publication procedure. »
Art. 13. In Article 15 of the Act, § 3 is repealed.
Art. 14. Section 16 of the Act, as amended by the Act of 20 March 2003, is replaced by the following provision:
"From 1er July 2004, all customers connected to the transport network are eligible. »
Art. 15. Article 17, § 1er, from the same law, the words "on proposal" are replaced by the words "after notice".
Art. 16. Section 18 of the Act, as amended by the Act of 20 March 2003, is replaced by the following provision:
“Art. 18. Without prejudice to the application of the Act of 6 April 1995 relating to the status of investment companies and their control, to financial intermediaries and investment advisers, the King may, after notice of the commission:
1° submit electricity supplies made in Belgium by means of the transport network by intermediaries and suppliers to a prior authorization or declaration procedure;
2° to establish rules of conduct applicable to intermediaries and suppliers;
3° to determine, on a joint proposal by the Minister and the Minister of Finance, after the advice of the Commission and the Banking, Financial and Insurance and Deliberation Board of Ministers, the rules relating to the establishment, access and operation of energy block exchange markets.
The granting of an authorization established under the first paragraph is subject to objective and transparent criteria that include:
1° the applicant's honesty and professional experience, technical and financial capacities and the quality of his organization;
2° of public service obligations in respect of the regularity and quality of electricity supplies, as well as in the provision of customers who do not have the quality of eligible customers.
The rules and rules of conduct established under the first paragraph include:
1° avoiding behaviour that could destabilize the electricity market;
2° ensure transparency of transaction and supply conditions by specifying, in particular, invoices to final customers and promotional documents:
(a) the share of each energy source in all energy sources used by the supplier over the past year;
(b) the indication of existing sources of reference and their impact on the environment, at least in terms of CO2 emissions and radioactive waste.
The King sets out the rules relating to mechanisms for verifying the reliability of the information referred to in paragraph 3.
In order to guarantee a high level of protection for final customers, the King can take measures with regard to transparency of contractual conditions and general information. »
Art. 17. Article 20, § 2, paragraph 1er, of the same law, as amended by the Act of 20 March 2003, the second sentence is deleted.
Art. 18. Article 21, paragraph 1er, 1°, of the same law, amended by the Act of 20 March 2003, the words "not having the quality of the eligible client" are deleted.
Art. 19. In section 22 of the Act, as amended by the Acts of 16 July 2001 and 20 March 2003, the following amendments are made:
1° to § 2, paragraph 1er, is completed as follows:
"They also hold accounts that can be consolidated for other activities relating to electricity not related to transportation or distribution";
2° to § 2, the following paragraph shall be inserted between paragraphs 1er and 2:
"Up to 1er July 2007, the companies referred to in § 1er maintain separate accounts for delivery activities to eligible and non-eligible clients. Revenues from the ownership of the transportation network are mentioned in the accounting »;
3° to § 3, paragraph 1er, the words "encrypted or descriptive" are replaced by the word "accountants".
Art. 20. In section 23, of the Act, as amended by the Acts of 16 July 2001 and 20 March 2003, the following amendments are made:
1° to § 2, paragraph 2, 6°, the word "instructed" is replaced by the words "an opinion on";
2° § 2, paragraph 2, 7°, is replaced by the following text:
"7° issues an opinion on the prospective study";
3° § 2, paragraph 2, 10°, is replaced by the following:
"10° issues a notice on the development plan and controls the execution of it";
4° § 2, paragraph 2, to 15°, the words "accounting" are replaced by the words "accounts";
5° § 2, paragraph 2, 18°, inserted by the law of 31 January 2003, is repealed;
6° to § 4 the words "of the Administration of Energy and the Administration of the Economic Inspection of the Ministry of Economic Affairs" are replaced by the words "of the Directorate General of Energy and the Directorate General of Control and Mediation of the Federal Public Service Economics, P.M.E., Average Classes and Energy".
Art. 21. Article 24, § 3, paragraph 1er, in the same Act, as amended by the Acts of July 16, 2001 and March 20, 2003, the words "of the network manager" are inserted between the words "producers", and "transfer network managers".
Art. 22. Section 25 of the Act, as amended by the Acts of 12 August 2000 and 20 March 2003, is supplemented by the following paragraph:
“§ 6. The Commission is subject to the Act of 29 October 1846 on the organization of the Court of Accounts. »
Art. 23. In Article 26, § 1er the same law, as amended by the Act of 20 March 2003, the first sentence is supplemented as follows: "as long as it motivates its application".
Art. 24. In section 29bis of the Act, inserted by the Act of July 16, 2001, the words "The Energy Administration of the Ministry of Economic Affairs" are replaced by the words "the Directorate General of Energy".
Art. 25. In Article 30bis, § 1er, from the same law, inserted by the law of 16 July 2001, the words "Ministry of Economic Affairs" are replaced by the words "Federal Public Service Economy, P.M.E., Average Classes and Energy".
Art. 26. Article 33, paragraph 1er, from the same law, the terms "Belgian law" are deleted.
CHAPTER III. - Final provisions
Art. 27. Section 37 of the Act, repealed by the Act of 20 March 2003, is reinstated in the following wording:
“Art. 37. § 1er. The King may co-ordinate the provisions of the Act of 29 April 1999 relating to the organization of the electricity market and the provisions that would have expressly or implicitly modulated them at the time the co-ordinations are established.
§ 2. To this end, it can:
1° change the order, numbering and, in general, the presentation of the dispostions to be coordinated;
2° amend the references contained in the provisions to be coordinated with a view to aligning them with the new numbering;
3° amend the drafting of the provisions to be coordinated in order to ensure their consistency and to unify the terminology without prejudice to the principles set out in these provisions;
4° adapt the presentation of the references made to the provisions of the coordination, other provisions that are not repeated therein.
The co-ordinations will bear the following title: " Electricity Code".
Art. 28. The King shall, by order deliberately in the Council of Ministers, establish the date of entry into force of Articles 3, 4, 6, 10, 11, 12, 15 and 20, 1° to 5°.
Promulgate this Act, order it to be sealed by the State and published by the Belgian Monitor.
Given in Brussels, 1er June 2005.
ALBERT
By the King:
Minister of Energy,
Mr. VERWILGHEN
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Notes
(1) Session 2004-2005.
House of Representatives.
Documents. - Bill No. 51-1596/1. - Amendments, No. 51-1596/2 to 4. - Report, no. 51-1596/5. - Text adopted by the Commission, No. 51-1596/6. - Text adopted in plenary and transmitted to the Senate, No. 51-1596/7.
Full report. - 28 April 2005.
Senate.
Documents. - Project referred to by the Senate, No. 3-1161/1. - Amendments, No. 3-1161/2. - Report, number 3-1161/3. - Text corrected by commission, no. 3-1161/4. - Decision not to amend, No. 3-1161/5.
Annales of the Senate. - 19 May 2005.