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26 MARCH 2014. - 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)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. In section 3 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of fissile material irradiated in nuclear power plants, paragraph 2, inserted by the Act of 25 April 2007, is repealed.
Art. 3. In section 4 of the Act, last amended by the Royal Decree of 3 March 2011, the following amendments are made:
Paragraph 1 is replaced as follows:
§ 1st. The Nuclear Provisions Commission is composed of the following five persons:
- the deputy head of the Treasury Administration or his deputy;
- the chair of the steering committee of the Electricity and Gas Commission or its alternate;
- the chair of the Federal Public Service Management Committee Budget and Control of Management or its alternate;
- a representative designated by the National Bank of Belgium or its alternate;
- the Director General of the Directorate General Energy or its alternate;
The President and the other members of the Commission on Nuclear Provisions representing the State are appointed by royal decree deliberated in the Council of Ministers. ";
2° to § 2, the words "and the managing director of the nuclear supply company" are inserted between the words "enriched fissile material" and the words "or their delegates".
Art. 4. In Article 5, § 1st, of the same Act, last amended by the Act of 25 April 2007, the following amendments are made:
1° to the last sentence, the word "in particular" is inserted between the words "avis" and "in the cases" and between the words "control" and "on the subjects";
2° the paragraph is supplemented by the following sentence:
"This jurisdiction of opinion and control concerns the existence, sufficiency and availability of provisions. ".
Art. 5. Article 6, § 2, paragraph 2, of the Act, inserted by the Act of 25 April 2007, is repealed.
Art. 6. In Article 6, § 1st, of the same Act, last amended by the Act of 25 April 2007, the following amendments are made:
1° in the first paragraph, the words "motive and" are inserted between the words "The Commission on Nuclear Provisions" and the words "deliver its opinions" and the word "motivated" is inserted between the words "These opinions" and the words "and decisions engage";
2° in the second paragraph the word "motivated" is inserted between the words "Notices" and the words "and decision of the Commission" and the word "conform" is repealed.
Art. 7. Section 8 of the Act, last amended by the Act of 25 April 2007, is supplemented by a § 3, which reads as follows:
§ 3. The Commission on Nuclear Provisions, members and their alternates, advisory members and their delegates and the permanent secretariat and its permanent secretary shall not be liable for any civil liability because of their opinions, acts or behaviours in the course of the legal missions of the Commission on Nuclear Provisions, except in the event of a dol or heavy misconduct. ".
Art. 8. Section 9 of the Act, as amended by the Act of 25 April 2007, is supplemented by a paragraph written as follows:
"As soon as the budget is approved, the amounts charged to it are payable, at first request made by the Nuclear Provisions Commission, directly to the provisioning company."
Art. 9. In article 12, § 3, of the same law, last amended by the law of April 25, 2007, the words "60 days" between the words "nuclear concerned in" and the words "of receiving the proposal" are replaced by the words "90 days".
Art. 10. In Article 24, § 4, of the same Act, replaced by the Act of 25 April 2007, the last sentence is repealed.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, March 26, 2014.
PHILIPPE
By the King:
The Minister of the Interior,
Ms. J. MILQUET
The Secretary of State for Environment and Energy,
Mr. WATHELET
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) House of Representatives:
(www.lachambre.be)
Documents: 53-2805 - 2012/2013 and 2013/2014
Full report: 12-13 February 2014
Senate:
(www.senate.be)
Documents: 5-2484 - 2013/2014.