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25 DECEMBER 2016. - 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 those power plants and the Act of 29 April 1999 on the organization of the electricity market (1)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
CHAPTER 1. - General provision
Article 1. This Act regulates a matter referred to in Article 74 of the Constitution.
CHAPTER 2. - Amendments to 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
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 power plants, as amended by the Act of 25 April 2007 and by the Act of 27 December 2012, is supplemented by the 10th drafted as follows:
"10° "The CREG": the Commission for the Regulation of Electricity and Gas, referred to in section 23 of the Act of 29 April 1999 on the organization of the electricity market".
Art. 3. In section 14, paragraph 8, of the Act, last amended by the Program Law (I) of December 26, 2015, the following amendments are made:
1° new paragraphs, as follows, are inserted between paragraph 13 and paragraph 14:
"For the years 2016 to 2026 a distribution contribution is borne by the operators referred to in Article 2, 5°, and companies referred to in Article 24, § 1st, without solidarity between them and the prorated of their quotas in the industrial production of electricity by fission of nuclear fuels by the power plants subject to distribution contribution (Doel 3, Doel 4, Tihange 2 and Tihange 3) and Tihange 3 and
For the year 2016, the total amount of the distribution contribution is set at a net lump sum of 130 million euros, reflecting, inter alia, a reduction of 47.48 per cent corresponding to the unavailability of the nuclear park considered for nuclear safety or security reasons, as noted by the Federal Nuclear Control Agency. This amount is allocated to the Ways and Means budget.
For each of the years 2017 to 2026, the amount of the distribution contribution is equal to a minimum annual amount determined under paragraph 17 with respect to the years 2017 to 2019, and pursuant to paragraph 18 with respect to the years 2020 to 2026. However, and without ever being negative, the amount of the distribution contribution is equal to 38% of the profitability margin of nuclear power plants, calculated in accordance with the formula described in Section 2 of the Schedule to this Act, if the latter amount is higher than the minimum annual amount. The profitability margin of nuclear power plants, calculated in accordance with the formula described in Section 2 of the Schedule to this Act, does not directly or indirectly reflect any costs associated with nuclear provisions and their revisions, including provisions for dismantling and management of fissile material irradiated, except for the initial provision of fuel resumed in variable costs for fuel consumed during the period.
For each of the years 2017 to 2019, the minimum annual amount referred to in paragraph 16 is 177 million euros.
For each year 2020 to 2026, the minimum annual amount referred to in paragraph 16 shall be determined by application of the formula described in Section 1 of the Schedule to this Act for each triennium. This fixing does not directly or indirectly reflect any costs associated with nuclear provisions and their revisions, including provisions for dismantling and management of irradiated fissile material, except for the initial provision of fuel used in variable costs for fuel consumed during the period.
In the years 2017 to 2026, in the event of a final or temporary arrest of one or more of the nuclear power plants Doel 3, Doel 4, Tihange 2 and Tihange 3 imposed by the public authorities (under the Act of 15 April 1994 on the protection of the population and the environment against the dangers resulting from the ionizing radiation and related to the Federal Agency of Nuclear Control, for reasons In case of an arrest during the year, the reduction will be pro rata temporis.
For the years 2017 to 2026, by derogation from paragraph 16, the amount of the apportionment contribution for the third year of each three-year period, respectively 2019, 2022 and 2025, is equal to the difference between on the one hand, the maximum between the sum, for the three years of the period, of amounts equal to 38% of the profitability margin calculated in accordance with the formula described in Section 2 of the negative sum to this Act, The amount of the apportionment contribution over each three-year period cannot be less than the sum of the minimum amounts of the apportionment contributions for each year of that three-year period.
The distribution contribution amounts due under paragraphs 16 and 20 are reduced by application of the de-ressivity mechanism provided for in paragraph 11 bis.
Without prejudice to the missions entrusted to it by the Act of 29 April 1999 on the organization of the electricity market, the CREG is responsible for an annual special mission to calculate the revenues, costs and profitability referred to in Section 2 of the Schedule to this Act and a triennial special mission, in 2020, 2023 and 2026, on the basis of the parameters set out in Section 5 of the schedule to the 2020
In particular, on a triennial basis, in 2020, 2023 and 2026, the CREG controls the fixed and variable costs referred to in Section 5 of the Schedule to this Act, of the operators referred to in Article 2, 5°, and of the companies referred to in Article 24, § 1st, as part of an analysis of the costs incurred by them in the three years preceding the revision. These costs do not reflect either directly or indirectly any costs associated with nuclear provisions and their revisions, including provisions for dismantling and management of irradiated fissile material, except for the initial provision of fuel in variable costs for fuel consumed during the period. As a result of this control, the CREG operates in 2020, 2023 and 2026 the triennial revision of fixed and variable costs, referred to in Section 5 of the Schedule to this Act, for the years 2020 to 2022, the years 2023 to 2025 and the year 2026 respectively.
As part of its mission described in the preceding paragraph, the CREG shall, by 30 September 2019, establish the terms and conditions for determining fixed and variable costs in a methodology that it sets for the years 2020 to 2026 on the proposal of the operators referred to in Article 2, 5°, and companies referred to in Article 24, § 1st. To this end, the operators referred to in Article 2, 5°, and the companies referred to in Article 24, § 1st, communicate to the CREG a proposal of methodology no later than 31 December 2018. In the absence of a proposal from the operators referred to in Article 2, 5°, and from the companies referred to in Article 24, § 1st, by December 31, 2018, the CREG establishes the methodology for determining fixed and variable costs. The methodology is established in accordance with the following guidelines:
1° the CREG takes into account the elements set out in the Schedule to this Act;
2° the CREG defines the reporting models to be used, including the elements that must be included in the proposal for the costs of the operators referred to in Article 2, 5°, and companies referred to in Article 24, § 1st. These models must be comprehensive so that the operators referred to in Article 2, 5°, and the companies referred to in Article 24, § 1st, can prepare their cost proposal (BGAAP reference) on that basis alone;
3° the costs must be sufficiently demonstrated;
4° costs are non-discriminatory and proportionate;
5° the possible criteria for rejecting certain costs are non-discriminatory and transparent. In any case, the CREG has a discretionary power and can reject costs that are manifestly unreasonable;
6° the CREG requests the operators referred to in Article 2, 5°, and the companies referred to in Article 24, § 1st, any additional information it needs for the purpose of this inspection, on request and without charge, and collects their observations.
Every three years, in 2020, 2023 and 2026, the CREG communicates:
- no later than 30 June, its decision on the fixing of fixed and variable costs, referred to in Section 5 of the Schedule to this Act, of the operators referred to in Article 2, 5°, and of the companies referred to in Article 24, § 1st, to be applied for the years 2020/2021/2022, the years 2023/2024/2025 and the year 2026 to the Minister with the Energy in his powers and the General Directorate, and
- no later than 31 July its opinion on the determination of the minimum annual amount of the distribution contribution, applicable for a period of three years, namely the years 2020/2021/2022, the years 2023/2024/2025 and the year 2026 to the Directorate General of Energy, as defined in section 2, 28°, of the Act of 29 April 1999 on the organization of the electricity market, and to the Minister having the power in his or her office.
Every year, the CREG shall communicate, by 30 June, its notice relating to the profitability margin of industrial electricity production by fission of nuclear fuels, including the calculation of the revenues of year N-1 and the costs of year N-1 by application of the formula taken up in Section 2 of the Schedule to this Act, to the Minister with Energy in its powers, to the Directorate General of Nuclear Power §
The operators referred to in Article 2, 5°, and the companies referred to in Article 24, § 1st, shall, no later than March 30 of each year, communicate the annual costs of the previous year to the CREG. By derogation from the above, the costs incurred during the year 2016 will be communicated for September 30, 2017. The operators referred to in Article 2, 5° and the companies referred to in Article 24, § 1st, shall provide, upon request of the CREG, any additional information that may be required for the development of its various opinions and decisions under this Act.
In order to allow the determination of the amount of the distribution contribution due under a year, the Directorate General of Energy proposes to the Minister with Energy in his or her responsibilities, by 31 August this year, the documented result of the application of the following four operations:
- the result, in the event of a final or temporary shutdown of one or more nuclear power plants Doel 3, Doel 4, Tihange 2 and Tihange 3 imposed by the public authorities referred to in paragraph 19, of the proportional reduction in the annual minimum amount of distribution contributions referred to in paragraph 16, in accordance with the formula adopted in Section 6 of the Schedule to this Act;
- the determination of the highest annual minimum amount determined under paragraph 17 for the years 2017 to 2019 and paragraph 18 for the years 2020 to 2026 and the amount corresponding to 38% of the profitability margin of nuclear power plants calculated in accordance with the formula described in Section 2 of the Schedule to this Act;
- the result of the application of the three-year contribution credit mechanism referred to in paragraph 20; and
- the result of the application of the de-ressivity mechanism in paragraph 11bis at the end of these operations.
For the years 2020, 2023 and 2026, the proposal can only be made after receipt of the CREG decision on fixed and variable costs and the opinion of the CREG on the minimum annual amount of the distribution contribution.
Upon a proposal by the Minister with Energy in his or her powers, filed no later than October 15 of each year, the King shall determine the amount of the distribution contribution referred to in paragraph 16 and, where applicable, in each triennium from 2020, the minimum annual amount of the distribution contribution referred to in paragraph 16. Any order made in this sense is deemed to have never produced any effect if it is not confirmed by a law within 12 months of its entry into force.
2° new subparagraphs, as follows, are inserted between paragraphs 27 and 28 old, becoming paragraphs 44 and 48:
"For the years 2016 to 2026, the nuclear provisioning company transfers the distribution contribution referred to in this paragraph no later than 31 December of each year to the bank account 679-2003169-22 to the SPF Finance.
The King can change this bank account number.
For each year in question, the amount of the individual distribution contribution must be paid by the nuclear operators referred to in Article 2, 5°, and any other company referred to in Article 24, § 1st, to the nuclear supply company no later than 31 January of the following calendar year. ".
3° The provision is supplemented by a subparagraph, which reads as follows:
"For the purposes of section 49 of the IRB/92, the deduction of the apportionment contribution for the years 2016 to 2026 applies to the taxable income of the taxable period that corresponds to the vintage of the distribution contribution."
Art. 4. In article 14 of the same law, between paragraphs 11 and 12, a new § 11bis is inserted, as follows:
" § 11bis. In order to take into account the contributive faculty and the risks associated with the size of the production park of each of the contributors to the distribution contribution, a degressive reduction in the amount of this distribution contribution is granted to the debtors.
The degressive reduction in the distribution contribution for the years 2017 to 2026 granted to debtors referred to in paragraph 1 - in the form of contribution credit - is granted by cumulative tranches as follows:
- in the range between 0 and 5% of the share of industrial electricity production by nuclear fuel fission, the reduction is 65%;
- in the range between 5 and 10% of the share of industrial electricity production by nuclear fuel fission, the reduction is 45%;
- in the range between 10% and 20% of the share of industrial electricity production by nuclear fuel fission, the reduction is 25%;
- in the range between 20% and 30% of the share of industrial electricity production by nuclear fuel fission, the reduction is 15%;
These reductions are personal and are not deferable to other debtors. ".
Art. 5. In article 22bis, § 1st, first paragraph, of the same law, the words "paragraphs 1 to 15" are deleted.
Art. 6. In Article 22bis, § 2, of the same Law, the words "The Commission for the Regulation of Electricity and Gas, referred to in Article 23 of the Law of 29 April 1999 on the organisation of the electricity market "are replaced by the word "The CREG".
Art. 7. In the same Act, an annex is added to this Act.
CHAPTER 3. - Amendments to the Act of 29 April 1999
on the organization of the electricity market
Art. 8. In section 26 of the Act of 29 April 1999 on the organization of the electricity market, a paragraph 1st quater, as follows, is inserted between paragraph 1st ter and paragraph 2:
" § 1st quater. In carrying out the tasks assigned to it by 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 power plants, the Commission shall have the powers and rights described in paragraph 1 with respect to the operators referred to in Article 2, 5°, the above-mentioned Act and the companies referred to in Article 24, § 1st, of the Act.
Art. 9. Article 29bis, § 1st, of the same law, is supplemented by the 10th written as follows:
"10° Decisions made pursuant to Article 14, § 8, paragraphs 23 and 24, 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 these power plants. ".
CHAPTER 4. - Entry into force
Art. 10. This Act comes into force on the day of its publication in the Belgian Monitor.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 25 December 2016.
PHILIPPE
By the King:
The Minister of Energy,
Ms. M.-C. MARGHEM
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Note
(1) House of Representatives
(www.lachambre.be)
Documents: 54 2070
Full report : December 21, 2016

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