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Law On The Phasing-Out Of Nuclear Energy For Purposes Of Industrial Production Of Electricity

Original Language Title: Loi sur la sortie progressive de l'énergie nucléaire à des fins de production industrielle d'électricité

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belgiquelex.be - Carrefour Bank of Legislation

31 JANVIER 2003. - Act on the progressive release of nuclear energy for industrial electricity production



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER Ier. - General
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. For the purposes of this Act, it shall be understood by:
1° "industrial commissioning date": date of the formal agreement between the electricity producer, the builders and the study office by which the project phase is finalized and the production phase begins, i.e. for existing nuclear power plants:
- Doel 1: February 15, 1975
- Doel 2:er December 1975
- Doel 3: 1er October 1982
- Doel 4: 1er July 1985
- Tihange 1:er October 1975
- Tihange 2:er February 1983
- Tihange 3: 1er September 1985
2° "the Act of 15 April 1994": Act of 15 April 1994 on the protection of the population and the environment from the dangers resulting from ionizing radiation and related to the Federal Nuclear Control Agency.
CHAPTER II. - Principles for the progressive release of industrial electricity production from the fission of nuclear fuels and the prohibition of new nuclear power plants
Art. 3. No new nuclear power plant intended for industrial electricity production from the fission of nuclear fuels can be created and/or put into operation.
Art. 4. § 1. Nuclear power plants intended for industrial electricity production from the fission of nuclear fuels, are deactivated forty years after the date of their industrial commissioning and can no longer produce electricity at this moment.
§ 2. All individual authorizations for the operation and industrial production of electricity from the fission of nuclear fuels, issued for a period without limitation of time 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 Regulations for the Protection of Population and Workers against the Hazard 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;
end forty years after the date of industrial commissioning of the production facility concerned.
CHAPTER III. - Modificative and final provisions
Art. 5. In article 16, § 1, first paragraph, of the Act of 15 April 1994, is inserted, at the beginning of the paragraph before the words "The King grants or refuses", the following phrase:
"With the exception of industrial electricity production facilities from the fission of nuclear fuels that can no longer be subject to authorization in accordance with sections 3 and 4 of the Act of 31 January 2003 on the phase-out of nuclear energy for industrial electricity production,..."
Art. 6. In section 3 of the Act of 29 April 1999 on the organization of the electricity market, the following amendments are made:
1° a § 1bis is inserted, written as follows: "§ 1bis. From 2015, the indicative plan will be developed annually"
2° § 2 is supplemented as follows: "5° it assesses the security of electricity supply and formulates, when it may be in danger, recommendations on this matter".
Art. 7. Article 4, § 1er, first paragraph, of the same law is inserted, at the beginning of the first paragraph before the words "the establishment of new facilities", the following phrase:
"With the exception of industrial electricity production facilities from the fission of nuclear fuels that can no longer be subject to authorization in accordance with sections 3 and 4 of the Act of 31 January 2003 on the phase-out of nuclear energy for industrial electricity production,..."
Art. 8. Article 23, § 2, second paragraph, of the same law, as amended by the Act of 16 July 2001, is supplemented as follows:
"18° monitors the security of electricity supply, reports possible problems and makes recommendations, if any. »
Art. 9. In the event of a threat to the security of electricity supply, the King may, by Royal Decree deliberated in the Council of Ministers, after the advice of the Commission for the Regulation of Electricity and Gas, take the necessary measures, without prejudice to articles 3 to 7 of that law, except in the case of force majeure. This notice will include the impact of changes in production prices on supply security.
Art. 10. When a nuclear power plant is closed, a social support plan must be developed for the workers involved, in consultation with social partners.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 31 January 2003.
ALBERT
By the King:
Deputy Prime Minister, Minister of Mobility and Transport,
Ms. I. DURANT
State Secretary for Energy and Sustainable Development,
O. DELEUZE
Seal of the state seal,
Minister of Justice,
Mr. VERWILGHEN
____
Note
(1) Documents of the House of Representatives.
Session 2001-2002.
Bill No. 50 1910/001.
Session 2002-2003.
Amendment No. 50 1910/002. - Amendment No. 50 1910/003. - Report, number 50 1910/004. - Text adopted by the commission, No. 50 1910/005. - Text adopted in plenary and transmitted to the Senate, No. 50 1910/006.
Documents of the Senate:
Session 2002-2003.
Evocation procedure, No. 2-1376/1. - Amendments, no. 2-1376/2. - Report, no. 2-1376/3. - Amendments, no. 2-1376/4. - Decision not to amend, No. 2-1376/5.