belgiquelex.be - Carrefour Bank of Legislation

10 AOUT 2015. - Act to extend support measures for combined transport and diffuse transportation for the period 2015-2016

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.
CHAPTER 1^re. - Amendment of the programme law of 22 December 2008
Art. 2. Section 24 of the Program Act of 22 December 2008, as amended by the Act of 15 May 2014, is replaced by the following:
“Art. 24. This chapter comes into force on 1^er January 2009 and ceases to be in force on December 31, 2016. "
CHAPTER 2. - Amendment of the Royal Decree of 15 July 2009 on the promotion of the combined rail transport of intermodal transport units for the period 2009-2012
Art. 3. The title of the Royal Decree of 15 July 2009 on the promotion of the combined rail transport of intermodal transport units for the period 2009-2012 is replaced by the following:
"Royal Decree concerning the promotion of the combined rail transport of intermodal transport units".
Art. 4. In article 1, 2°, of the same order, the words "Turkey transport" are replaced by the words "Sustainable and Rail Mobility Policy".
Art. 5. In article 2, paragraph 1^er, from the same order, the words "at AB 51 14 31 00 01 of the 2009 budget and AB 51 20 31 00 01 of the 2010 budget" are deleted.
Art. 6. In section 3 of the same order, as amended by the Act of 28 June 2013 and by the Act of 15 May 2014, the following amendments are made:
1° Paragraph 3 is replaced by the following:
“The table of values is as follows:

2° paragraph 4 is supplemented by the following sentence:
"For the year 2016, the subsidy is calculated based on the values set for the year 2015. "
Art. 7. In section 4 of the same order, the words "at AB 51 14 31 00 01 of the 2009 budget and AB 51 20 31 00 01 of the 2010 budget" are deleted.
Art. 8. In section 5 of the same order the following amendments are made:
1° Paragraph 3 is replaced by the following:
“The table of values is as follows:

2° the article is supplemented by a paragraph written as follows:
"For the first six months of 2013 and for 2014, the subsidy is calculated on the basis of the values set for 2012. For the year 2016, the subsidy is calculated based on the values set for the year 2015. "
Art. 9. Article 6, paragraph 1^er, from the same order, the words "at AB 51 14 31 00 01 of the 2009 budget and AB 51 20 31 00 01 of the 2010 budget" are deleted.
Art. 10. In section 8 of the same order, as amended by the Act of 15 May 2014, the following amendments are made:
1st paragraph 1^er is replaced by the following:
"Operators may file at any time a nomination form for a subsidy for one of the measures described in Chapters II and III until the end of the month following the quarter in which the subsidy was granted or until the end of the month in which the subsidy ceases to be in force. »;
2° four sub-paragraphs as follows are inserted between subparagraphs 1^er and 2:
"With the exception of the 2009 and 2015 years, the application files relate to the carriage of ITUs beginning as soon as the date of the file's introduction. For the years mentioned, they also concern the transport of ITU starting as early as 1^er January of the year concerned.
The transport data tables for a subsidy are introduced by the end of the month following each quarter for which the subsidy is requested.
By derogation from paragraph 3, the tables for obtaining a subsidy for the 2015 quarters that expired before the publication in the Belgian Monitor of the Act of August 10, 2015 extending the support measures for combined transport and diffuse transport for the 2015-16 period, may still be introduced in the month following the quarter in which this Act is published.
In the absence of the introduction of the tables within the time limits set out in paragraphs 3 and 4, the right to subsidy for these quarters is terminated. "
Art. 11. In section 9 of the same order, the following amendments are made:
1st paragraph 1^er is replaced by the following:
"For this purpose, operators shall submit to the administration a written or electronic application including a part of general information and a part relating to the rail transport of ITU calling for support. »;
2° Paragraph 2 is replaced by the following:
"The general information portion must include:
1° the company number of the railway company;
2° the number of ITUs transported by rail during the preceding 12 months by transport relation. If, for some months, the precise number of ITUs is not yet known, an estimate is given for these months. »;
3° in paragraph 3, at 1°, the words "full period" are replaced by the words "the year of application";
4° in paragraph 3, at 2°, the words "of the period for which" are replaced by the words "of the quarter for which".
Art. 12. In Article 10, 3°, of the same order, the words "with information to the operator by registered letter within three months of the filing of the complete file" are deleted.
Art. 13. In the same order, an article 10/1 is inserted, as follows:
"Art. 10/1. The administration will initiate the application file. The Minister or his or her delegate makes a decision on eligibility for a subsidy or not. This decision is notified in writing to the operator within two months and fifteen days of receipt of the complete application file. "
Art. 14. In Article 16, §§ 1^er and 3, of the same decree, in the Dutch text, the word "trigger" is each time replaced by the word "kwartaal".
Art. 15. Section 17 of the same order is replaced by the following:
“Art. 17. The administration shall verify the accuracy of the records referred to in section 16.
It is based, in particular, on the tables referred to in Article 16, § 1^er, on the letters of car whose access is assured by the operator. "
Art. 16. Article 18, paragraph 1^erthe same order shall be replaced by the following:
"After verification of the tables referred to in section 16, the administration approves or rejects these tables within two months and fifteen days of receipt of the above tables and informs the operator of the amount awarded for the quarter concerned. During this period, the administration exchanges any relevant data with the operator. Payment of the amount of the subsidy shall be made no later than 3 months after the transmission of the above tables. The rejection of the tables results in the loss of subsidies for this quarter. "
Art. 17. In the same order, an article 18/1 is inserted, as follows:
"Art. 18/1. Subsidies are allocated per quarter and are limited to 25% of the federal budget annual budget. "
Art. 18. In section 19 of the same order, a paragraph is inserted before paragraph 1^er :
"Subsidies paid are limited to 30% of transportation costs. "
Art. 19. Section 22 of the same order, as amended by Act 15 May 2014, 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, 2016. "
Art. 20. Section 23 of the same order is repealed.
CHAPTER 3. - Amendment of the Act of 27 December 2012 on various urgent provisions
Art. 21. In section 9 of the Act of 27 December 2012 on various urgent provisions, the following amendments are made:
1° the words "Article 5, 4°, of the Act of 19 December 2006 on railway safety" are replaced by the words "Article 3, 27°, of the Railway Code";
2° the words "Article 5, 5°, of the Act of 19 December 2006 on railway safety" are replaced by the words "Article 3, 32°, of the Railway Code".
Art. 22. In section 11 of the Act the words "section 2" are replaced by the words "section 10".
Art. 23. Section 12 of the Act is replaced by the following:
“Art. 12. The railway company may file at any time a nomination form for a subsidy until the end of the month in which the subsidy ceases to be in force.
The transport data tables for a subsidy are introduced by the end of the month following each quarter for which the subsidy is requested.
By derogation from paragraph 2, the tables for obtaining a subsidy for the 2015 quarters that expired prior to the publication in the Belgian Monitor of the Act of August 10, 2015 extending the support measures for combined transport and diffuse transport for the 2015-16 period, may still be introduced in the month following the quarter in which this Act is published.
In the absence of the introduction of the tables within the time limits set out in paragraphs 2 and 3, the right to subsidy for these quarters is terminated.
The application file is filed in writing or electronically via a request. The application file includes the business number of the railway company. "
Art. 24. Section 13 of the Act is replaced by the following:
“Art. 13. The administration will initiate the application file. The Minister or his delegate makes a decision on eligibility for the subsidy. This decision is notified in writing to the railway company within two months and fifteen days of receipt of the complete application file. "
Art. 25. In section 16 of the Act, the following amendments are made:
1° to § 1^er, the words "the period that" are replaced by the words "the quarter that";
2° § 2 is repealed.
Art. 26. In section 17 of the Act, the following amendments are made:
1st paragraph 1^er is replaced by the following: "In two months and fifteen days after receipt of the records referred to in section 16, the administration approves or rejects these statements and informs the railway company of the amount awarded for the quarter for which the subsidy was requested. During this period, the administration exchanges any relevant data with the railway company. Payment of the amount of the subsidy shall be made no later than 3 months after receipt of the above-mentioned statements. The discharge of records results in the loss of subsidies for the quarter for which the subsidy is requested. »;
2° in paragraph 2, the words "of the covered period" are replaced by the words "of the covered quarter".
Art. 27. In the same Act, an article 17/1 is inserted, as follows:
"Art. 17/1. Subsidies are allocated per quarter and are limited to 25% of the federal budget annual budget. "
Art. 28. Section 18 of the Act is replaced by the following: "Subsidies paid are limited to 30% of transportation costs. "
Art. 29. Section 20 of the Act, replaced by the Act of 28 June 2013 and amended by the Act of 15 May 2014, is repealed.
Art. 30. Section 23 of the Act, as amended by the Act of 28 June 2013, is supplemented by a second paragraph, as follows:
“Section 1^re ceases to be in force on December 31, 2016. "
CHAPTER 4. - Final provisions
Art. 31. This Act produces its effects on 1^er January 2015.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given to Poitiers, August 10, 2015.
PHILIPPE
By the King:
Minister of Mobility,
Ms. J. GALANT
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Note
(1) Session 2015-2016.
House of Representatives
Documents. - Bill, 54K1194 - No. 1. - Report, 54K1194 No. 2. - Text adopted by the Commission, 54K1194 - No. 3. - Text adopted in plenary session, 54K1194 - No. 4.