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General Directorate Sustainable and Rail Mobility Policy

5 MAY 2017. - Law on Support for Difficult Traffic for the Period 2017-2020 and Extension of Support for Combined Transport for the Period 2017-2020

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
CHAPTER 1^er. -- Support for diffuse traffic
Article 1^er. This Act regulates a matter referred to in Article 74 of the Constitution.
Art. 2. For the purposes of this Act:
1° "Minister": the Minister who has the Mobility in his duties;
2° "administration": the Federal Public Service Mobility and Transport;
3° " Car letter " : any document written in accordance with the Uniform Rules concerning the Contract for the International Carriage of Goods (CIM) - Appendix B to the Convention on International Carriage by Rail (COTIF) of 9 May 1980, in the content of the amended Protocol of 3 June 1999, approved by the Act of 15 February 2007 enacting the Protocol amending the Convention on International Carriage by Rail (COTIF) of 9 May 1980, done at Vilnius on June 3, 1999 on Vilnius on Vilnius; , 1999;
4° "car": conventional wagon of loaded goods, from or going to a point of service in Belgium (i.e. with a different destination or origin) forming part with other cars of the same train which is composed or decomposed in Belgium. Excluded from this definition: wagons carrying terrestrial or maritime containers, mobile boxes and semi-trailers;
5° "rail costs": costs for the railway traffic of cars, such as the fee for the use of railway infrastructure, energy costs, rental costs and/or amortization of traction equipment and cars and the costs of the driver;
6° "rail company": the company referred to in Article 3, 27°, of the Act of 30 August 2013 bearing Railway Code;
7° "rail infrastructure": the railway infrastructure referred to in Article 3, 32°, of the Act of 30 August 2013 bearing the Railway Code;
8° "quarter": period running from 1^er January to March 31, or^er April to June 30, or^er July to 30 September, or 1^er October to December 31.
Art. 3. Each car that circulates on the railway infrastructure, on the basis of the data collected in the consignment note as to its origin and destination, shall, under the conditions set out in this Act, grant a subsidy per kilometre travelled in Belgium.
The beneficiary of the subsidy is the railway undertaking that holds the Part B Safety Certificate under which the car's traction benefits are performed.
The subsidy is dependant - and within the limits of the appropriation for this purpose - of the general budget of expenditure.
Art. 4. The subsidy referred to in Article 3 is calculated by multiplying by 0.57 euro the number of kilometres travelled in Belgium by the car.
Art. 5. A car gives only one subsidy per consignment note. If more than one railway company may claim a subsidy for the same car, the railways will consult in such a way that only one application is filed. In the absence of a single application, no subsidy will be granted for this car.
Art. 6. The railway company may file an application file at any time to receive a subsidy and no later than one month after the end of the quarter that may open a subsidy fee.
The application file is filed in writing or electronically with the administration. The application file includes the business number of the railway company and the relationship for which subsidies are requested.
The administration files the application file. The Minister or his delegate makes a decision on the issue of granting a subsidy. This decision is notified in writing to the railway company within one month of receipt of the complete application file.
The application file may be filed in person with the administration, which provides the railway company or its agent with an acknowledgement of receipt indicating the date and time of filing.
Art. 7. Each car must be covered by a single car letter to be subsided.
The railway company provides access to the car letters at the first request.
Art. 8. § 1^er. The railway company shall establish, for the relations for which subsidies are requested, a statement of the cars and kilometers travelled in Belgium by these cars for the quarter that opens a right to subsidy on the basis of the model that the administration published on its website. The railway company provides details of the railway costs incurred in the relevant quarter.
§ 2. The railway company provides the survey in the month following the target quarter.
The railway company that transmits the statement to the administration after this period loses the right to the subsidy for the quarter concerned.
Art. 9. The railway company shall provide to the first request of the administration any data allowing it to verify the accuracy of the statement provided and any other information requested.
Any subsidy that is paid in excess or wrong shall be refunded within one month after the administration has made the request by registered letter.
Art. 10. Within two months and fifteen days after receipt of the statements referred to in section 8, the administration approves or rejects these statements. During this period, the administration exchanges any relevant data with the railway company.
Payment of the amount of the subsidy shall be made within four months of receipt of the above-mentioned statements. The discharge of the records results in the loss of the right to subsidy for the quarter for which the subsidy is requested.
If, during the quarter covered by the statements, the budget is exceeded, the subsidies to which the railway company concerned would be entitled are reduced to the pro rata.
Art. 11. Subsidies are allocated per quarter and are limited to 25% of the annual budget included in the general expenditure budget.
Art. 12. Subsidies paid per quarter are limited to 30% of railway costs for the quarter.
CHAPTER 2. - Support for combined transport
Section 1^re. - Amendment of the programme law of 22 December 2008
Art. 13. Section 24 of the Program Act of 22 December 2008, as amended by the Act of 10 August 2015, is replaced by the following:
“Art. 24. This chapter produces its effects on 1^er January 2009 and ceases to be in force on December 31, 2020. "
Section 2. - Amendment of the Royal Decree of 15 July 2009 on the promotion of the combined transport of intermodal transport units
Art. 14. In Article 3, paragraph 4, of the Royal Decree of 15 July 2009 on the promotion of the combined transport of intermodal transport units, inserted by the law of 28 June 2013 and amended by the laws of 15 May 2014 and 10 August 2015, the sentence "For the year 2016, the subsidy is calculated on the basis of the values fixed for the year 2015. is replaced by the phrase "For the years 2016 to 2020 the subsidy is calculated on the basis of the values set for the year 2015. "
Art. 15. In article 5, paragraph 4, of the same order, inserted by the law of 10 August 2015, the sentence "For the year 2016, the subsidy is calculated on the basis of the values fixed for the year 2015. is replaced by the phrase "For the years 2016 to 2020, the subsidy is calculated on the basis of the values set for the year 2015. "
Art. 16. In section 8 of the same order, as amended by the laws of 15 May 2014 and 10 August 2015, the following amendments are made:
1° paragraph 2 is replaced by the following:
"With the exception of the years 2009, 2015 and 2017, the application files relate to the carriage of ITUs beginning as early as the date the file was introduced. For the years mentioned, they also concern the transport of ITU starting as early as 1^er January of the year concerned. "
2° Paragraph 4 is replaced by the following:
"By derogation from paragraph 3, the tables for obtaining a subsidy for the quarters of 2015 and 2017 that expired before the publication of the law of May 5, 2017 concerning support for diffuse traffic for the period 2017-2020 and extending support for combined transport for the period 2017-2020, may still be introduced no later than one month after the publication of this Act. "
Art. 17. Section 22 of the same order, as amended by the Act of 10 August 2015, is replaced by the following:
“Art. 22. This Order produces its effects from 1^er January 2009 and ceases to be in force on December 31, 2020. "
CHAPTER 3. - Final provision
Art. 18. This Act produces its effects from 1^er January 2017 and ceases to be in force on December 31, 2020.
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 5 May 2017.
PHILIPPE
By the King:
Minister of Mobility,
F. BELLOT
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Note
(1) House of Representatives
(www.lachambre.be):
Documents: 54-2346.
Full report: 20 April 2017.