belgiquelex.be - Carrefour Bank of Legislation 21 JULY 2016. - An Act to amend the Act of 29 April 1999 on the organization of the electricity market with respect to the modification of the mechanism for the granting of green certificates for electricity produced in accordance with section 6, the financing of the submarine cable and the production gap (1)
PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
Article 1
er. This Act regulates a matter referred to in Article 74 of the Constitution.
Art. 2. In section 2 of the Act of 29 April 1999 on the organization of the electricity market, as amended by the Act of 8 May 2014, the 56° is replaced by the following:
"56° "financial close": when the official conclusion of the main contracts concerning the cost of investment, the costs of financing, the costs of exploitation, and the revenues derived from the sale of electricity and green certificates, which are necessary for the realization of a project for new installations for the production of electricity from wind in the marine spaces where Belgium can exercise its jurisdiction in accordance with the law of international sea, which are the subject of the subject-matter of the
Art. 3. In section 7 of the Act the following amendments are made:
1° § 1
erParagraph 4, inserted by the Act of 12 March 2012, is supplemented by the following words:
"and by section 2 of the Act of 12 June 2015 confirming certain articles of the Royal Decree of 4 April 2014 amending the Royal Decree of 16 July 2002 on the establishment of mechanisms for the promotion of electricity produced from renewable energy sources. ";
2° in § 2, as amended by the Act of 8 May 2014, paragraph 2 is supplemented by the following words:
"When it comes to facilities whose financial closure takes place after 1
er May 2016, the minimum price for wind energy produced as referred to in the Royal Decree of 16 July 2002 on the establishment of mechanisms for the promotion of electricity produced from renewable energy sources is increased by an amount covering the total costs eligible for financing the cost of the submarine cable as a result of the offer or offers that the holder of the state concession, referred to in Article 6 §,
er, takes into consideration under the Act of 15 June 2006 on public procurement and certain contracts of work, supplies and services. This amount is determined by the commission after verification of the offer or offers taken into consideration. ";
3° in § 2, paragraph 3, amended by the law of 8 May 2014, the following words are inserted between the words "For the installations referred to in the second paragraph" and the words "that connect to an installation for the transmission of electricity":
"whose financial closure takes place after 1
er May 2014 and ";
4° in § 2, a paragraph written as follows is inserted between paragraphs 3 and 4:
"For facilities referred to in the second preambular paragraph after 1
er May 2016 and which connect to a facility necessary for the transmission of electricity in the marine areas on which Belgium can exercise its jurisdiction in accordance with international maritime law, referred to in Article 13/1, the minimum price of wind energy produced as referred to in the Royal Decree of 16 July 2002 relating to the establishment of mechanisms for the promotion of electricity produced from renewable sources of energy is increased by sea holder an amount covering the total cost of the concessions to be granted §
er, takes into consideration under the Act of 15 June 2006 on public procurement and certain contracts of work, supplies and services. This amount is determined by the commission after verification of the offer or offers taken into consideration. ";
5° in § 2, paragraph 6, the words "paragraph 3" are replaced by the words "paragraph 5";
Paragraph 3, last amended by the Act of 8 January 2012, is repealed.
Art. 4. Article 7, § 2, paragraph 2, of the Act of 29 April 1999 on the organization of the electricity market, as in force before the coming into force of this Act, remains of application to facilities subject to a state concession referred to in Article 6 of the Act of 29 April 1999, the financial closure of which takes place between 1
er May 2016 and December 31, 2016, if the holder of the state concession has already, prior to the coming into force of this Act, requested from the commission the control of the total cost to be taken into account in the context of the purchase, delivery and installation of the submarine cable, as well as the connection facilities, equipment and connection connections of the electricity production facilities, and submitted, to this effect, the offer or offers § 1
erthe Act of 29 April 1999 referred to above.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 21 July 2016.
PHILIPPE
By the King:
The Minister of Energy,
Ms. M.-C. MARGHEM
Seal of the state seal:
Minister of Justice,
K. GEENS
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Note
Note
House of Representatives
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Documents: 54 1911 (2015/2016)
Full report : 14 July 2016