Act Amending The Act Of 30 August 2013 On The Rail Code

Original Language Title: Loi modifiant la loi du 30 août 2013 portant le Code ferroviaire

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2015014185&caller=list&article_lang=F&row_id=200&numero=299&pub_date=2015-07-13&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2015-07-13 Numac: 2015014185 FEDERAL PUBLIC SERVICE mobility and transport June 15, 2015. -Act to amend the Act of 30 August 2013 on the rail Code PHILIPPE, King of the Belgians, to all, present and to come, hi.
On the proposal of the Minister of mobility, we have arrested and stop: the House of representatives has adopted and we sanction the following: Chapter 1. -Provisions General Article 1. This Act regulates a matter referred to in article 74 of the Constitution.
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2. this Act partially transposes Directive 2012/34/EU of the European Parliament and of the Council of November 21, 2012, establishing a single European railway area as well as 2014/38/EU Directive of the Commission of March 10, 2014, amending Annex III to Directive 2008/57/EC of the European Parliament and of the Council with regard to noise.
CHAPTER 2. -Changes of Code railway s. 3A in article 1 of the rail Code, paragraphs 2 and 3 are replaced by the following: "this rail Code partially transposes: 1 ° Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on safety on the community's railways and amending Council Directive 95/18/EC on the licensing of railway undertakings. , and Directive 2001/14/EC on the allocation of railway infrastructure, pricing of railway infrastructure and safety certification capacity;
2 ° Directive 2007/59/EC of the European Parliament and of the Council of 23 October 2007 on the certification of train drivers operating locomotives and trains on the railway system in the community;
3 ° Directive 2008/57/EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system within the community;
4 ° Directive 2012/34/EU of the European Parliament and of the Council of November 21, 2012, establishing a single European railway area. ».
S. 4. article 2 of the same Code is replaced by the following: «art.» 2 § 1. Articles 4 to 4/3, 5, 9, 19/1 to 19/3, 47, § 1, and 62, § 3, 5 °, do not apply to railway undertakings which do not operate only services urban, suburban or regional over local networks or autonomous regional transport services-for using a railway infrastructure or networks intended only for the operation of urban or suburban rail services.
Notwithstanding paragraph 1, where such a railway company is under the direct control or indirect business or other entity that provides or integrated services of rail transportation other than urban, suburban or regional services, articles 4/1 and 4/3 are applicable. Article 4 also applies to such a railway company with respect to its relationship with the company or the entity that controls directly or indirectly.
Articles 7, 1 °, and 11 to 19 do not apply to the: has) undertakings which only operate rail transport services of passengers on autonomous local rail infrastructure;
(b) undertakings which only operate rail services urban or suburban passenger transport;
(c) undertakings which only operate freight services on a private railway infrastructure that exists only for the activities of freight from the owner of the infrastructure.
Articles 4/2, 9, 19/3 and 20-67, do not apply to the: has) autonomous local networks intended for transportation of travellers on a railway infrastructure;
(b) networks intended only for the operation of urban and suburban passenger rail transport services;
(c) private railway infrastructure reserved for the sole use of its owner for its own freight operations.
Article 19/2 does not apply to the: has) autonomous local networks intended for transportation of travellers on a railway infrastructure;
(b) networks intended only for the operation of urban and suburban passenger rail transport services;
(c) private railway infrastructure reserved for the sole use of its owner for its own freight operations.
The list of infrastructure referred to in paragraph 5 shall be notified to the Commission in respect of infrastructures that are not a strategic importance for the functioning of the rail market.
§
2. Subject of § 1, this Code does not apply: 1 ° private rail infrastructure and vehicles used on these only infrastructures and intended to be used exclusively by their owners for their own freight operations;
2 ° to the rail networks which are separated functionally from the rest of the rail system and are intended only for the operation of local, urban or suburban passenger and freight services;
3 ° to the heritage, Museum and tourist railways that have their own rail networks, including workshops, vehicles and operating staff only on such networks and lines;
4 ° with the exception of articles 74, 12 ° and 82, metros, trams and other urban and regional rail systems making use of light rail or any other way related to the rail, provided that these do not circulate on the Belgian rail network.
§ 3. Title 5 does not apply to train drivers operating exclusively on sections of routes which are temporarily closed to normal traffic due to maintenance, renewal or redevelopment of the rail system.
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5 article 3 of the same Code, amended by the royal decree of December 21, 2013, the following changes are made: 1 ° the 3rd is replaced by the following: "3 °"Framework agreement": a legally binding by public or private law, general agreement defining the rights and obligations of an applicant and the infrastructure manager rail and on the rail to allocate infrastructure capacity and pricing to be applied for a period exceeding one timetable period. service; »;
2 ° a 3 / 1 ° shall be inserted, worded as follows: "3 / 1 °"Transboundary agreement": any agreement between two or more Member States or between Member States and third countries to facilitate the provision of cross-border rail services;
»;
3 ° a 6 / 1 ° shall be inserted, worded as follows: ' 6 / 1 ° "viable Alternative", access to another installation of economically acceptable service for the rail and it company to operate the freight or passenger transport service concerned; ";
4 ° a 9 / 1 ° shall be inserted, worded as follows: ' 9 / 1 ° "Licensing authority", the body responsible for issuing licences to railway undertakings in a State Member ';
5 ° a 10 / 1 ° shall be inserted, worded as follows: ' 10 / 1 ° "Reasonable profit": a rate of return on own capital that takes account of the risk, including one weighing on revenues, or absence of risk, incurred by the operator of the facility of service and which is consistent with the average found in the sector concerned in recent years; "
6 11 ° ° is replaced by the following: ' 11 ° 'Candidate': any railway undertaking, any international grouping of railway undertakings or other natural or legal persons or entities, such as for example the competent authorities referred to in Regulation (EC) No 1370/2007 and shippers, freight forwarders and transport operators combined with commercial reasons or public service to acquire the infrastructure capabilities;
»;
7 ° to point 12 °, the word "segment" is replaced by the word 'element';
8 ° 20 ° is replaced by the following: ' 20 ° 'Coordination': the procedure implemented by the railway infrastructure manager and candidates in order to seek a solution in the event of competing applications for the railway infrastructure capacity reservation; "
9 ° a 28 / 1 ° shall be inserted, worded as follows: ' 28 / 1 ° "Operator of service": any public or private entity responsible for managing one or more service facilities or to provide railway undertakings one or several of the services covered in annex 1, items 2, 3 and 4 ';
10 29 ° ° is replaced by the following: ' 29 ° "Infrastructure manager": any body or undertaking responsible in particular for the establishment, management and maintenance of the railway infrastructure, including management of the traffic, and the signalling and control system. "
The functions of Manager of infrastructure on all or part of a network can be attributed to multiple agencies or companies; »;
11 ° the 32 is replaced by the following: ' 32 ° "Railway Infrastructure": all the elements referred to in Annex 23 ';
12 ° a 33 / 1 ° shall be inserted, worded as follows: ' 33 / 1 ° "service Installation": the installation, including the land, buildings and equipment that have been specially designed, in whole or in part, to enable the provision of one or more of the services referred to in annex 1, items 2, 3 and 4 ';
13 ° a 34 / 1 ° shall be inserted, worded as follows: "34 / 1 °"Alternative route": an alternate route between the same origin and destination, the railway undertaking may override a route to the other to operate the freight or passenger transport service concerned;";
14 ° 35 ° is replaced by the following:

«35 ° "License": an authorisation issued by the authority responsible for licences to a company by which the quality of provider of rail transport as a railway undertaking is recognized. '' This quality can be limited to the operation of certain types of services; »;
15 ° in the Dutch text, the 46 ° is replaced by the following: "46 °"Aangemelde instanties": of instanties die belast zijn met beoordeling van overeenstemming of geschiktheid voor het gebruik van interoperabiliteitsonderdelen of het onderzoek ten behoeve van de"EG"– keuringsprocedure van of subsystemen;";
16 ° the 59 is replaced by the following: ' 59 ° 'Network': all of the railway infrastructure managed by an infrastructure manager ';
17 ° 61 ° is replaced by the following: ' 61 ° 'International freight Service': a transport service where the train crosses at least one border of a State Member; the train may be joined and/or split and the different sections may have different origins and destinations, provided that all wagons cross at least a border; »;
18 ° a 61 / 1 ° shall be inserted, worded as follows: ' 61 / 1 ° "Heavy maintenance Service": works that are not performed on a regular basis and in the context of daily activities, and which imply that the vehicle is withdrawn from service ';
19 ° the 62 is replaced by the following: "62 °"International passenger Service": a service for the carriage of passengers where the train crosses at least one border of a Member State and whose main purpose is the carriage of passengers between stations located in different Member States different; the train can be divided or assembled, and divided, and the different sections may have an origins and different destinations, provided that all cars at least cross a border; »;
20 ° a 63 / 1 ° shall be inserted, worded as follows: ' 63 / 1 ° 'Regional Services': transport services whose main purpose is to meet the needs of transport of a region, including a cross-border region;
»;
21 ° a 63 / 2 ° shall be inserted, worded as follows: ' 63 / 2 ° 'Urban and suburban Services': transport services whose main purpose is to meet the transport needs of an urban centre or conurbation, including cross-border conurbation, as well as the transport needs between such centre or conurbation and its suburbs ';
22 ° in the french text, 64 ° is replaced by the following: "64 ° 'Groove': the capacity of the rail infrastructure needed to run a train from one point to another in a given period ';
23 ° a 71 / 1 ° shall be inserted, worded as follows: ' 71 / 1 ° "Transit": the crossing of the territory of the Union without loading or unloading of goods, and/or without support nor removal of travellers in this territory ';
24 ° 74 ° is replaced by the following: ' 74 ° "Voies de garage": the lanes specifically for the temporary parking of railway vehicles between two missions ';
25 ° 75 ° is replaced by the following: "75 ° 'Decision 2009 / 561 / EC': the decision of the Commission of 22 July 2009 amending Decision 2006/679/EC concerning the technical specification for interoperability relating to the subsystem control-command and signalling of the trans-European conventional rail system ';
26 ° article is supplemented by a 76 °, as follows: ' 76 ° 'Decision 2008 / 386 / EC': the decision of the Commission of 23 April 2008 amending Annex to Decision 2006/679/EC concerning the technical specification for interoperability relating to the subsystem control-command and signalling of the trans-European conventional rail system;
»;
27 ° article is supplemented by a 77 °, as follows: "77 ° 'Decision 2006 / 860 / EC': the Commission decision of 7 November 2006 concerning a technical specification for interoperability relating to the control-command and signalling subsystem of the trans-European high-speed rail system and modifying Annex A to Decision 2006/679/EC concerning the technical specification for interoperability relating to the control-command and signalling subsystem of the trans-European conventional rail system."
».
S. 6. the heading of title 2 of the same Code is replaced by the following: "heading 2. -Principles of organization and management.
S. 7. in title 2 of the Code, a chapter is inserted 1, with article 4 entitled: "Chapter 1.
Accounting separation.
S. 8 article 4 of the same Code, the following changes are made: 1 ° in the 1st paragraph, paragraph (3) is repealed.
2 °, paragraph 2 is replaced by the following: "§ § 2 2» Railway undertakings shall in their internal accounts of the separate accounts for, on the one hand, the activity of rail transport of goods and, on the other hand, activities relating to the provision of rail passenger transport services. The annex to their annual account contains a balance sheet, a profit and loss account and cash flow separated for rail freight activity and the activity of rail passenger transport.
Public funds paid for activities relating to the provision of transport services in respect of public service missions are listed separately, in accordance with article 7 of regulation 1370/2007, in the accounts and shall not be transferred to activities relating to the supply other services transport or any other activity. ».
3 ° a paragraph 3 shall be inserted, worded as follows: ' § § 3 3» The accounts relating to the different areas of activity referred to in §§ 1 and 2 are required to enable the monitoring of the prohibition to transfer public funds an activity to another domain and control the use of revenue from charges for use of infrastructure and the excess cleared other commercial activities. ».
S. 9. in title 2 of the Code, a chapter 2 is inserted, entitled: "Chapter 2. Independence of the infrastructure manager.
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10. in Chapter 2, inserted by article 9 article be inserted a 4/1 as follows: «art.» 4/1. While respecting this Code and its execution decrees, the infrastructure manager is responsible for its organization, its management and its internal control. ».
S. 11. in the same chapter 2, inserted a section 4/2 as follows: «art.» 4/2. § 1.
The essential functions to ensure a fair and non-discriminatory access to the infrastructure are carried out by entities or companies which are not themselves providers of rail services.
The essential features are: 1 ° the adoption of decisions concerning the allocation of train paths, including the definition and the assessment of availability and the allocation of individual train paths, and 2 ° the adoption of decisions concerning the pricing for the use of infrastructure, including the determination and recovery of royalties.
§
2. If the infrastructure manager is not independent of the railway companies on legal, organizational, or decision-making, the functions referred to in title 3, chapters 4 and 5, are assumed respectively by a rating agency and by an allocation body that are independent of the railway undertakings on legal, organisational and decision-making.
§
3. When they carry on essential functions of the Manager of the infrastructure, the provisions of title 3, chapters 4 and 5, shall be construed as applying to the pricing agency or the allocation for their respective body. ».
S. 12. in title 2 of the same Act, it is inserted a chapter 3: Chapter 3. -Management of railway undertakings according to commercial principles.
S. 13. in Chapter 3, inserted by article 12 article be inserted a 4/3 as follows: «art.» 4/3. Railway undertakings are managed according to the principles which apply to commercial companies, regardless of their owner.
This rule applies also to public service obligations and the public service contracts which they conclude with the competent authorities of the State.
In respect of this Code and its execution orders, railway undertakings are particularly free: a) to define their internal organisation, without prejudice to the provisions of articles 4/2, 26, 27 and 46;
(b)) to control the supply and marketing of services and fix the pricing;
(c) to take decisions on staff, assets and own procurement;
(d) to develop their market share, to create new technologies and new services and adopt any innovative management technique;
e) launch new activities in areas related to the rail activity.
The shareholders of railway undertakings owned or controlled by the State may require their prior approval for major decisions relating to the management of the company, like the shareholders of limited liability companies private, in application of the law of corporations. The provisions of this article shall apply without prejudice to the powers of the monitoring bodies under the company law with regard to the appointment of the members of the Board of Directors. ».
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14. article 5 of the Code is replaced by the following: «art.» 5 have a right of access to

railway infrastructure on fair, non-discriminatory and transparent terms: 1 ° the national company of the Belgian railways to operate all of its transport activities. This right includes access to the infrastructure linking the maritime and inland navigation ports and other service facilities referred to in annex 1, point 2, and infrastructure serving or potentially serving more than one final customer;
2 ° any undertaking railway established in a Member State of the European Union, for the operation of a type of goods transport services. This right includes access to the infrastructure linking the maritime and inland navigation ports and other service facilities referred to in annex 1, point 2, and infrastructure serving or potentially serving more than one final customer;
3 any undertaking ° railway established in a Member State of the European Union for the operation of international passenger transport services. This right includes access to the infrastructure linking the service facilities referred to in annex 1, point 2;
4 ° any tourist association conducting circulations for tourist purposes with historical and recognized material for this purpose.".
S. 15. article 9 of the same Code, as amended by the royal decree of 21 December 2013, is replaced by the following: «art.» 9 § 1. The infrastructure manager provides all railway undertakings, in a nondiscriminatory manner, all of the established minimum benefit in annex 1, point 1.
§ 2. Operators of service facilities provide all railway undertakings in a non-discriminatory manner, access, including access to the infrastructures referred to in annex 1, point 2, and services offered in these infrastructures.
§ 3. Afin_d' ensure the total transparency and non discriminatory access to the facilities referred to in annex 1, point 2 a), b), c), d), g) and i), and of the provision of services in these facilities when the operator of such a service facility is under the direct or indirect entity or company control is also active and occupies a dominant position in domestic markets of rail transport services for which the facility is used It is organized so as to ensure its independence organizational and decision-making with regard to this entity or company.
This independence does not necessarily imply the establishment of a separate legal entity for these service facilities and can be achieved through the establishment of distinct divisions within a single legal entity.
For all installations of service referred to in annex 1, point 2, the operator and the entity or business have separate accounts, including balance sheets, accounts result and separate cash flows.
When the operation of the installation of service is ensured by an infrastructure manager or operator of the facility of service is under the direct control or indirect of an infrastructure manager, compliance with the requirements referred to in this paragraph shall be deemed to be demonstrated by compliance with the requirements referred to in article 4/2.
§ 4. Requests for access to the installation service, and provision of services in the said facility referred to in annex 1, point 2, introduced by railway undertakings are treated within a reasonable time fixed by the narcotics control.
These requests may be refused if there are viable alternatives allowing railway companies to operate the freight or passenger transport service concerned on the same route or a route of substitution in economically acceptable conditions. This does not require the operator of the facility of service to invest in resources or facilities to meet all the requests made by railway undertakings.
When applications submitted by railway undertakings concerning access to a service facility and the provision of services in a service facility managed by an operator of service referred to in paragraph 3, this operator justify in writing any decision of refusal and indicates viable alternatives in other facilities.
§ 5. In the event of conflict between different applications, an operator of installation of service referred to in annex 1, point 2, attempts to answer all requests as far as possible. If no viable alternative exists and that it is impossible to respond to all requests for capacity-building for the installation concerned on the basis of demonstrated need, the applicant may lodge a complaint with the narcotics control, which examines the folder and takes measures, if any, so that a proper part of the capacity is vested in this candidate.
§
6. If a service facility referred to in annex 1, point 2, has not been used for at least two consecutive years and if railway undertakings have expressed interested in access to this facility with the operator of that installation, on the basis of demonstrated need, its owner announced publicly that its operation is available for hire or leasing as an installation of rail service in whole or in part, unless the operator of that installation of service demonstrates that an ongoing restructuring process prevents its use by a railway undertaking.
§ 7. If the installing service operator provides any of the services referred to in annex 1, point 3 as additional services he provides them in a nondiscriminatory manner to any railway undertaking which requested.
§
8. Railway undertakings may request, as a related provision, the infrastructure manager or other service facilities operators, a benefit referred to in annex 1, item 4. The service operator is not required to provide such related services. When installing service operator decides to propose to other one of these benefits, it provides them on request to railway undertakings in a non-discriminatory manner.
§
9. The King may adopt measures detailing the procedure to be followed and the criteria for access to the services provided in the service facilities referred to in annex 1, points 2 to 4. ».
S. 16. article 9/1 of the same Code, inserted by the royal decree of 21 December 2013, is repealed.
S. 17. article 11 of the same Code is replaced by the following: «art.» 11. any company having a place of business in Belgium has the right to request a license allowing it to be recognized as a railway undertaking.
The King means, by a decree deliberated in the Council of Ministers, the authority responsible for the issuance of the licences.
The licensing authority does itself no provision of rail transport services and is independent of any company or entity making the payment. ».
S. 18 article 13 of the same Code, the following changes are made: 1 ° 1st paragraph is replaced by the following: "§ 1.» To obtain a licence, the applicant demonstrates to the authority responsible for licensing, since before the beginning of its activities, it may at any time meet the conditions as determined by the King by order deliberated in Council of Ministers, financial standing, of professional capacity of its liability coverage as well as on good repute.
Any company that meets the requirements mentioned in paragraph 1 is authorized to receive a license. ».
2 ° paragraph 3 is supplemented by the following sentence: "The King may determine the model of the licence.".
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19 article 16 of the same Code, the following changes are made: 1 ° "Minister" shall be replaced by the words "licensing authority";
2 ° the words 'inform' are replaced by the words 'it shall inform.
S. 20. article 17 of the Code is replaced by the following: «art.» 17. the King shall determine, by order deliberated in Council of Ministers, cases and the procedures for suspension and withdrawal of the licence, introduction of new applications for the issuance of a temporary license.
Specific provisions concerning the suspension or revocation of a license may be included in the licence itself.
».
S. 21. in article 18 of the Code, 'European Commission' shall be replaced by the words 'the Agency '.
S. 22. in title 3 of the Code, it is inserted a 2/1 chapter: "Chapter 2/1. -Business plans.
S. 23. in Chapter 2/1, inserted by article 22 article be inserted a 19/1, as follows: «art.» 19/1. Railway undertakings shall adopt their business plans, including investment and financing plans. These plans are designed for achieving financial balance of undertakings and carry out other technical, commercial and financial management objectives; They also mention the means to achieve these objectives. ».
S. 24. in the same chapter 2/1, it is inserted an article 19/2, as follows: «art.» 19/2. Under the strategy referred to in article 19/3, the infrastructure manager shall adopt a business plan including investment and financing plans. The plan aims to ensure use, provision and development

optimal and efficient infrastructure, allowing to achieve financial balance and providing the means necessary to achieve these objectives. The infrastructure manager provides access to known candidates and, on request, to potential candidates with relevant information and gives them the opportunity to express their views on the contents of the business plan as regards conditions of access and use, the nature of the provision and the development of the infrastructure prior to its approval. ».
S. 25. in title 3 of the Code, it is inserted a chapter 2/2: "Chapter 2/2. -Development of the railway infrastructure strategy.
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26. in Chapter 2/2, inserted by article 25 article be inserted a 19/3 read as follows: «art.» 19/3. The Minister proposed to the King, after consultation with interested parties, a tentative strategy of development of the railway infrastructure to meet future mobility needs in terms of maintenance, renewal and development of the infrastructure and based on sustainable financing of the rail system. This strategy is adopted by a royal decree deliberated in the Council of Ministers, covers a period of at least five years and is renewable. ».
S. 27. article 21 of the Code is replaced by the following: «art.» 21. the network reference document contains the characteristics of the infrastructure made available to railway undertakings and contains information specifying the conditions of access to the railway infrastructure concerned.
The network reference document also contains information specifying the conditions of access to service facilities connected to the network of the infrastructure manager and the provision of services in these facilities, or indicates a website where such information are made free available in electronic form. The contents of the network reference document is defined in annex 2.
Network reference document is required to update and, if necessary, modified. ».
S.
28. in the second paragraph of article 22 of the same Code in the Dutch text, the word "retributie" is replaced by the word 'vergoeding '.
S. 29 article 23 of the same Code, the following changes are made: 1 ° a paragraph worded as follows is inserted between paragraphs 3 and 4: "the basic principles of performance improvement system listed in annex 24, point 2, shall apply to the whole of the network."
2 ° the Dutch text of the former paragraph 4 became paragraph 5 is replaced by the following: "Deze regeling is voor het gehele net van toepassing in kan boetes inhouden voor handelingen exploitatie van het die net verstoren, compensaties voor ondernemingen die onder verstoringen te lijden hebben, premies ter beloning van prestaties ramingen overtreffen die gebaseerd zijn op prestatieregeling die.";
3 ° the former paragraph 5, now paragraph 6 is replaced by the following: «in accordance with annex 24, point 2, the infrastructure manager lays down the basic principles of the system to improve the performance in accordance with candidates»;
4 ° article is supplemented by two subparagraphs 7 and 8 worded as follows: 'by way of derogation from article 46, paragraph 2, the infrastructure manager determines the calculation rules and the terms of payment of the fees resulting from the application of the system of performance improvement. It applies these rules and regulations at the latest from 1 January 2017.
Performance improvement scheme laid down by the royal decree of July 6, 2011, amending the royal decree of 9 December 2004 on the allocation of railway infrastructure capacity and the fee for the use of railway infrastructure shall apply until the date of application of the performance improvement system established pursuant to paragraph 7. Until the same date, the King fixed, by Decree deliberated in the Council of Ministers rules for the calculation and payment of royalties resulting from the application of the system of performance improvement. ».
S. 30 article 24 of the same Code, the following changes are made: 1 ° in the paragraph 1, paragraph 2, in the Dutch text, the word «aanvrager» is replaced by «kandidaat ";
2 ° in the 1st paragraph, section 8 is repealed: 3 ° in the 1st paragraph, paragraph 10, former paragraph 9, in the Dutch text, the word "integraal" is inserted between the words "dat" and "deel Mir."
4 ° the paragraph 1, is supplemented by a paragraph as follows: "the framework agreement model is subject to prior notice of the Narcotics Control";
5 ° in paragraph 2, subparagraphs 1 and 2, in the Dutch text, the word «aanvrager» is replaced by «kandidaat ";
6 ° c in paragraph 2, subparagraph 3 in the Dutch text, the word "aanvragers" is replaced by the word "point";
7 ° article is supplemented by a paragraph 3 as follows: "§ § 3 3» The King may determine the procedure to be followed and the criteria for the application of this article. ».
S. 31. in title 3, Chapter 4, section 1, of the same Code, there shall be inserted an article 27/1, as follows: «art.» 27/1. Applications for infrastructure capacity may be made by applicants. In order to use these capabilities of the infrastructure, the candidates, who are not railway undertakings, means a railway undertaking to conclude an agreement with the Manager of the infrastructure in accordance with article 23. This shall be without prejudice to the right of applicants to enter into agreements with the infrastructure manager within the meaning of article 32. ».
S. 32. in article 31 of the same Code, paragraph 2 is replaced by the following: "in order to assess whether the objective of an international service is carrying passengers on a route between stations located in different Member States, the supervisory body shall ensure that the Minister, and the Minister has awarded a rail passenger transport defined in a public service contract and any railway undertaking performing the service contract
public on the route of this international passenger transport service are informed. ».
S.
33. in article 32, § 1, of the same Code, 1 is replaced by the following: '1 ° either by the candidates'.
S. 34. article 34 of the same Code is replaced by the following: «art.» 34. without prejudice to article 45, the infrastructure manager cooperates with the other States members of the European Union railway infrastructure managers so that applications involving several networks, including the Belgian network, can be addressed with a single window, which is either a common entity established by infrastructure managers, either by a single manager of the infrastructure involved in the furrow. The latter is therefore on behalf of the candidate in his search for capabilities with other rail infrastructure managers concerned.
Paragraph 1 shall apply without prejudice to Regulation (EU) no 913/2010 of the European Parliament and of the Council of 22 September 2010 on the European rail network for competitive freight.
International train paths as agreed by different managers of the railway infrastructure are integrated into the project schedule before the start of the consultations thereon. Adjustments are made only in cases of absolute necessity. ».
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35. in article 35 of the same Code, paragraph 3 is replaced by the following: "when the project of service schedule is established, the railway infrastructure manager consults the stakeholders and leaves them able to submit their observations during a month. Interested parties include all those who have submitted a request for capacity of infrastructure, as well as other parties who wish to comment on the impact the schedule of service may have on their ability to provide rail services during the period of validity of the service timetable. The infrastructure manager shall take appropriate measures in order to take into account the concerns expressed. ».
S. 36. article 37 of the same Code is supplemented by a paragraph as follows: 'the infrastructure manager shall inform, as soon as possible, the interested parties on the unavailability of the capacity of infrastructure due to unscheduled maintenance work.'.
S. 37. article 39 of the same Code is supplemented by a paragraph as follows: "under the procedure for programming and coordination, the infrastructure manager may give priority to certain services, but only in the cases referred to in articles 38, 41 and 43.".
S. 38. article 40 of the same Code is replaced by the following: «art.» 40 § 1. When the infrastructure manager is confronted, in programming, concurrent demands, it strives, through the coordination of requests, to ensure the best possible match between them.
§ 2. When the situation is such that a coordination is necessary, the infrastructure manager may, within reasonable limits, propose different infrastructure capabilities to those that have been requested.
§
3. The infrastructure manager strives, by consulting the candidates concerned, to resolve the conflicts. This consultation is based on communication, within a reasonable time,

free and in writing or by electronic transmission, of the following information: a) train paths requested by all the other candidates on the same lines.
b) furrows allocated initially to all the other candidates on the same lines;
(c) the other grooves offered on the lines concerned, in accordance with paragraph 2;
(d) full and detailed information on the criteria for allocation of capacity.
This information is provided without revealing the identity of the other candidates, unless the concerned candidates have accepted that they are.
The principles governing the coordination process are defined in the document of reference of the network.
They in particular reflect the difficulty to draw international train paths and the impact that any changes might have on other railway infrastructure managers. ».
S.
39 article 41 of the same Code, the following changes are made: 1 ° in paragraph 1, the word 'reconciling' is replaced by the words "respond favourably to";
2 ° in paragraph 3, paragraph 2, in the french text, the word "a" is inserted between the word "by" and the words "royal decree".
3 ° paragraph 4 is hereby repealed.
S. 40 article 43 of the same Code, the following changes are made: 1 ° paragraph 2 is replaced by the following: «railway infrastructure manager says, in document of reference of the network, the conditions for taking account of previous levels of use of train paths when determining priorities within the allotment procedure.»;
2 ° article is completed a paragraph, as follows: "railway infrastructure manager imposes the waiver a notch which use, over a period of at least one month, has been below a threshold determined in the network reference document, unless this under-execution is because of economic reasons beyond the control of the candidate concerned. ».
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41. article 45 of the same Code is replaced by the following: «art.» 45 § 1.
The rail infrastructure manager cooperates with other States members of the European Union railway infrastructure managers, in order to allow the creation and the effective allocation of railway infrastructure capacity involving several networks, including framework agreements referred to in article 24. In the context of this cooperation, railway infrastructure manager organizes international train paths and puts in place the procedures necessary to this end. It also assesses the needs and, where appropriate, proposes and organizes the international train paths to facilitate the operation of freight trains which are subject to an ad hoc request referred to in article 36.
When the decisions of the Manager of the distribution infrastructure have repercussions on other infrastructure managers, he teamed with them in order to coordinate the allocation of infrastructure capacity or to apportion all the capabilities involved at the international level, without prejudice to any specific rules relating to rail freight networks. Principles and criteria for capacity allocation established in this cooperation are published by the infrastructure manager in its network.
§ 2. When the Belgian railway infrastructure manager has this cooperation initiative, it shall inform the European Commission and he invited her to participate as an observer. It makes it also public appropriately. It also ensures that the list of participants, the modes of operation of this collaboration and all the criteria used for the evaluation and the allocation of infrastructure capacity be made publicly available.
The infrastructure manager transmits to the narcotics control information in the development of the principles and practices common to distribution of infrastructure and computer distribution systems that are necessary for the performance of its tasks. ».
S.
42. article 47 of the same Code is replaced by the following: «art.» 47 § 1.
The King sets, by deliberate order in Council of Ministers, the appropriate measures, including possible ex ante payments, so the accounts of profits and losses of the Manager of the rail infrastructure, under normal activity and over a reasonable period which shall exceed not five years, have at least a balance between, on the one hand, revenues from fees for the use of railway infrastructure surpluses generated in other commercial activities, non-repayable income from private sources and funding by the State, including, where appropriate, the advances of the State and, on the other hand, rail infrastructure spending.
§ 2. The Manager of the rail infrastructure is, while respecting security requirements and improving the quality of service of the railway infrastructure, encouraged to reduce the costs of provision of infrastructure and the level of charges for the use of railway infrastructure.
§
3. The implementation of § 2 is carried out under the contract concluded for a minimum period of five years between the infrastructure manager and the Belgian State and respects the basic principles and parameters set out in annex 25.
The terms of the agreement referred to in paragraph 1 and the structure of payments to provide funding to the infrastructure manager are agreed in advance and cover the duration of the contract.
Candidates and, on request, potential candidates are informed prior to the signing of the contract referred to in paragraph 1 by the Manager of the infrastructure of its content and have the opportunity to express their opinion on it before its signature. The contract is published at the latest one month after its signing.
The infrastructure manager shall ensure consistency between the provisions of the agreement and the business plan referred to in Chapter 2/1 title 3. ».
S. 43. in the same Code, it is inserted an article 47/1, as follows: «art.» 47/1. The infrastructure manager shall draw up and maintain the register of its assets and the assets that it is responsible for managing and used to assess the funding needed to rehabilitate them or replace them. This register is accompanied by the details of expenditure the renewal and upgrade of the infrastructure. ».
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44. in Chapter 5, section 1 of the Code, it is inserted an article 48/1, as follows: «art.» 48/1. Where appropriate, negotiations between candidates and the Manager of the infrastructure on the level of charges for use of infrastructure are permitted only if they take place under the aegis of the supervisory body. The narcotics control occurs immediately if the negotiations are likely to contravene the provisions of this Code. ».
S.
45. article 49 of the same Code is replaced by the following: «art.» 49 § 1.
The rail infrastructure manager determines and collects royalties for the use of railway infrastructure, in accordance with this railway Code and its execution decrees in a nondiscriminatory manner. The operator of service determines and collects in a nondiscriminatory manner payments for the use of the service facilities in accordance with this Code and its execution decrees. They affect them to the financing of their activities.
§
2. The infrastructure manager and operator of service facility provide the narcotics control all necessary information on charges and fees imposed in order to enable the latter to carry out its functions within the meaning of this Code.
The King may determine the procedures for the transmission of this information to the supervisory body. ».
S. 46. article 50 of the Code is replaced by the following: «art.» 50 § 1. Fees for all of the minimum benefits and access through the network to the service facilities are equal to the cost directly attributable to the operation of the rail service.
The King may determine the conditions for the calculation of the cost directly attributable to the operation of the rail service.
The infrastructure manager may decide to gradually adapt to these terms, for a maximum period of four years after the entry into force of this royal decree.
§
2. The fee for the use of railway infrastructure may include a fee in respect of the scarcity of capacity of the identifiable section of railway infrastructure during periods of saturation.
§ 3. The fee for the use of railway infrastructure may be amended to take account of the cost of the effects on the environment of the operation of the trains. Any modification of this type is differentiated depending on the magnitude of the resulting effect. Any modification of the infrastructure charges to take into account the cost noise-induced promotes equipment of wagons with technology of braking to low available at the best economic terms noise level.
The King may determine the detailed rules for the application of the fees corresponding to the cost of the effects of noise.
Charging of environmental costs resulting in an increase of the overall amount of the revenues earned by the infrastructure manager is however authorised only if it applies to road freight, in accordance with the law of the European Union.

If necessary, the King determines the allocation of these additional revenues.
§ 4.
In order to avoid variations in disproportionate, the fees referred to in §§ 1 to 3 can be expressed in averages on an adequate range of rail services referred to in annex 1, paragraphs 1 and 2, and periods. However, the relative importance of fees for the use of infrastructure is in relation to the costs attributable to the various services. ».
S. 47. article 51 of the Code is replaced by the following: «art.»
51. the fee imposed for access to the ports in the service facilities referred to in annex 1, point 2, and the provision of services in these facilities does not exceed the cost of their benefit plus a reasonable profit.
When the services referred to in annex 1, items 3 and 4, i.e. the complementary and related benefits are offered by a single supplier, the fee imposed for such a service does not exceed the delivery cost plus a reasonable profit. ».
S. 48. in the same Code, it is inserted an article 52/1, as follows: «art.» 52/1. Fees for the use of the infrastructure for the use of railway corridors defined in Decision 2009/561/EC are differentiated so as to encourage the equipment of trains with the ETCS system consistent with the version adopted by Decision 2008/386 and later versions. This differentiation causes no change in the overall amount of the revenues earned by the infrastructure manager.
This differentiation of charges for the use of infrastructure does not apply to the railway lines referred to in Decision 2009/561/EC that do circulate system ETCS equipped trains.
The King may decide to extend this differentiation in the railway lines not mentioned in Decision 2009/561/EC.
The King may determine the procedure to follow to implement this differentiation of the fee for the use of infrastructure.
This article does not apply to trains equipped with the ETCS system and used for regional passenger services that have been put into service for the first time before 1985. ».
S. 49. article 53 of the same Code is replaced by the following: «art.» 53 rail infrastructure manager and operator of service facility shall at all times be able to demonstrate that fees for the use of railway infrastructure and services fees actually invoiced are consistent method, regulations and schedules defined in the document of reference of the network.
Under the charging of environmental costs, the infrastructure manager retains the necessary information and guarantees the traceability of the origin of these charges. ».
S.
50. in the same Code, there shall be inserted an article 53/1, as follows;
«Art.» 53/1. The operator of the facility for the provision of the services referred to in annex 1, items 2, 3 and 4, transmits to the infrastructure manager the information on payments to be included in the reference document for the network, or indicates a site internet where this information are made free of charge available in electronic form. ».
S. 51. article 54 of the same Code is replaced by the following: «art.» 54. the infrastructure manager may charge a fee for allocated but unused capacity. This levy when not in use, encourages efficient use of capacity and is necessarily seen when candidates who have been awarded a furrow refrain, on a regular basis, to use it in whole or in part.
The infrastructure manager, in its document of reference of the network, establishes the criteria for determination of failure to use for collecting this levy. The narcotics control checks these criteria. Payment of this fee is made either by the candidate or by the railway undertaking designated in accordance with article 27/1. The infrastructure manager is constantly able to indicate to any interested party infrastructure capabilities that have already granted to companies that rail users. ».
S. 52. article 55 of the same Code is replaced by the following: 'article 55 § 1. The infrastructure manager may impose on candidates of the rules in order to safeguard its legitimate aspirations with regard to revenues and future infrastructure utilization. These rules are appropriate, transparent and non-discriminatory. They are detailed in the document of reference of the network.
They wear only on the provision of a financial guarantee not exceeding a level appropriate, proportional to the level of activity envisaged by the candidate, and the ability to submit compliant bids for obtaining of infrastructure capacity.
§ 2. The King can stop the criteria for the application of this article. ».
S. 53. article 56 of the same Code is replaced by the following: «art.» 56 § 1. Notwithstanding section 2, the King may, by order deliberated in Council of Ministers, decide, if the market ready to increases in the fee for the use of railway infrastructure in order to proceed to the full recovery of the costs incurred by the Manager of the rail infrastructure, on the basis of efficient, transparent and non-discriminatory principles, while guaranteeing optimum segments of the rail market competitiveness. The pricing system respects the productivity gains made by railway undertakings.
The order referred to in paragraph 1 does not exclude the use of the railway infrastructure by market segments, which can at least pay the cost directly attributable to the operation of the rail service, plus a rate of return if the market allows.
Prior to the order referred to in paragraph 1, the infrastructure Manager carries out an evaluation report of the relevance of increases for specific market segments, considering at least the elements listed in annex 24 pairs, point 1, and retaining the most relevant. The list of market segments defined by the infrastructure manager contains at least the following three segments: freight services, services of passenger transport under a contract of public service and other passenger transport services.
The infrastructure manager may proceed to a further differentiation of the market segments according to the goods or the passengers.
Market segments on which railway undertakings are not currently but may provide services during the period of validity of the tariff system are also defined. To these market segments, the infrastructure manager does not increase introduce in the pricing system.
The list of market segments is published in the network reference document and is subject to a review at least every five years. The narcotics control checks this list in accordance with article 62.
§ 2. When the essential elements of the pricing system fixed in accordance with paragraph 1, paragraph 1, are modified, these changes are made public at least three months before the date limit of publication of the document of reference of the network. ».
S. 54. article 59, § 5, of the same Code is supplemented by the following sentence: 'systems of reductions are applied in a nondiscriminatory manner to all railway undertakings.'.
S. 55. in the Dutch text of article 60 of the same Code, the words "retributies voor het gebruik van de ' shall be inserted between the words «treffen voor» and «spoorweginfrastructuurgebruik».
S. 56. in title 3, Chapter 5, of the same Code, there shall be inserted a section 4: Section 4. -Cooperation with other managers of the railway infrastructure.
S.
57. in section 4 inserted by article 56, inserted a section 60/1, as follows: «art.» 60/1. The rail infrastructure manager cooperates and teamed up with managers of railway infrastructure of the other Member States of the European Union to allow the application of effective pricing systems and to coordinate pricing, or to collect the fee for the operation of rail services on several networks of the rail system within the Union. The infrastructure manager strives in particular to guarantee an optimum competitiveness of international rail services and ensure efficient use of rail networks.
To this end, it implements appropriate procedures, in compliance with the rules laid down by Directive 34/2012/EU of the European Parliament and of the Council of November 21, 2012, establishing a single European railway area.
The infrastructure manager cooperates with the handlers infastructure of the other EU Member States European for the effective implementation of the increases referred to in article 56 and improvement systems of performance referred to in article 23, for the traffic flowing on several networks of the railway within the Union. ».
S. 58. in article 62 of the same Code, as amended by the royal decree of December 21, 2013, the following changes are made: 1 ° in paragraph 3, 1 is replaced by the following: '1 ° monitor the '.

conformity of the reference document of the network, in its interim and final versions, this railway Code and its execution decrees; »;
2 ° in paragraph 3, 5 ° is supplemented by the following sentence: 'The King can stop the procedure and the criteria to be observed when this review;';
3 ° in the paragraph 3, 9 ° is replaced by the following: «9 ° controls access to services and their pricing in accordance with article 9. ';
4 ° 10 ° is replaced by the following: "10 ° verifies that the exercise of the perpetual easement referred to in article 156quater, § 1, of the Act of 21 March 1991 concerning reform of some economic public companies does not affect the right of access referred to in article 9 of the rail Code. '' ».
5 ° paragraph 3 is supplemented by a paragraph worded as follows: "without prejudice to the powers of the national competition authorities to ensure competition in the market of rail services, the supervisory body is empowered to monitor the situation of competition on the markets of rail services and, in particular, to control paragraph 1st, 1 ° to 10 °. on its own initiative in order to prevent any discrimination against candidates. Particular, it checks if the network reference document contains discriminatory provisions or grants to the Manager of infrastructure of the discretionary powers that can be used for the purposes of discrimination against candidates. »;
6 ° in paragraph 4, paragraph 1, was inserted 3 ° as follows: «3 ° within ten working days, disputes relating to the system of performance improvement, without prejudice of the existing remedies, at the request of a railway undertaking or infrastructure manager».
7 ° paragraph 4 is supplemented by the following sentence: 'this regulation is also exposed in the network reference document.';
8 °, paragraph 5 is replaced by the following: "§ § 5 5.» In respect of its administrative tasks, the supervisory body can be written complaint notified by registered post, by any candidate, especially for appeal against the decisions taken by the infrastructure manager or, where appropriate, by the railway undertaking or the operator of an installation of service, if he considered himself victim of unequal treatment, discrimination or any other prejudice in what concerns : 1 ° the reference document of the network, in its interim and final versions, or the criteria it contains.
2 ° the procedure of allocation of infrastructure capacity and its results and obligations arising therefrom;
3 ° the pricing system, including performance improvement system referred to in article 23, paragraph 3, the level or the structure of use of railway infrastructure charges and obligations arising therefrom;
4 ° the provisions on access to railway infrastructure referred to in articles 5, 6, 7, 1 ° and 3 °, 8 and 9;
5 ° the provisions on access to service facilities referred to in article 9;
6 ° the exercise of perpetual servitude referred to in article 156quater, § 1, of the Act of 21 March 1991 on the reform of some economic public companies.
The administrative appeal is not suspensive to the contested decision, unless motivated by the narcotics control at the request of the complaining party. ».
S. 59A article 63 of the same Code, as amended by the royal decree of December 21, 2013, the following changes are made: 1 ° paragraph 3 is replaced by the following: "§ § 3 3» In execution of its missions of control and administrative remedies, the supervisory body takes any measures necessary, including protective measures and administrative fines, to put an end to the offences relating to the network reference document, the allocation of capacity, infrastructure pricing and provisions on access, in accordance with articles 64 and 65 , and particularly with regard to access to the service in accordance with article 9 facilities.
In the event that an appeal is lodged against a refusal to grant capabilities or the terms of a proposal for capacity-building, the inspection body confirms that it has no reason to change the decision taken by the infrastructure manager either modifies the decision impugned pursuant to its decision. ';
2 ° article is supplemented by a paragraph 4 as follows: "§ § 4 4» The supervisory body is empowered to perform audits or order an external audit with the Manager of the infrastructure, service facilities operators and, where appropriate, to the railway undertakings to verify compliance of accounting segregation provisions laid down in article 4. In this regard, the supervisory body is entitled to request any relevant information. In particular, it is empowered to request the infrastructure manager, operators of service facilities and all companies or other entities that provide or integrate different types of rail services or management infrastructure, as referred to in article 4, § 1 and article 9 all or a portion of the accounting information referred to in annex 26 with a level of detail appropriate what is considered necessary and proportionate.
Without prejudice to the powers of the national authorities responsible for issues of State aid, the inspection body may also take account of conclusions about problems of State aid, findings that it transmits said authorities. ».
S. 60. article 64 of the Code, is amended as follows: 1 ° paragraph 3 is repealed;
2 ° article is supplemented by four paragraphs worded as follows: "the fine is recovered for the benefit of the Treasury by the administration of the tax on value added, registration and domains.
Each year on 1 January, these amounts are adapted to the health index according to the following formula: the basic amount multiplied by the new index and divided by the starting index.
The new index is the health of the month of November of the year preceding the year in which amounts are adjusted in accordance with paragraph 4. The starting index is the health of November 2013. The result is rounded to the higher euro if the fractional part is greater than or equal to fifty cents. It is in the lower euro if this part is less than fifty cents.
The limitation period for the imposition of an administrative fine is set at three years from the date of commission of the facts. The right to collect the administrative fine is prescribed by two years from the date of the last day where the offender should have paid.
If the offender pays the administrative penalty with delay, the amount is increased by full right to the legal interest rate, with a minimum of five percent of the amount of the administrative fine. ».
S. 61. in article 65 of the Code, paragraph 1 is replaced by the following: 'the supervisory body shall act in the cases referred to in article 63, paragraph 3, after hearing the parties concerned, in the six weeks following receipt of all relevant information. The Narcotics Control deals with complaints and requests information and engaged in consultations with all the parties concerned within a period of one month from the receipt of the complaint. The King determines the details of the procedure in the cases referred to in article 63, paragraph 3. ».
S. 62. in title 3, Chapter 6 of the same Code, a section 3/1 is inserted, entitled: "Section 3/1. Cooperation with other bodies, consultation and information request ".
S. 63. in section 3/1 inserted by article 62, it is inserted an article 66/1, as follows: «art.» 66/1. Of control cooperates closely with the safety authority and the authority responsible for licensing.
These organs develop a framework of cooperation and exchange of information to prevent the harm to competition or safety on the rail market. This frame contains among others a mechanism allowing, on the one hand, the supervisory body to make recommendations to the safety authority and the authority responsible for licensing on aspects that may affect competition in the rail market, and secondly, the safety authority to make recommendations to the narcotics control and the authority responsible for the licensing on aspects that could compromise security. Without prejudice to the independence of each of these bodies in its field of competences, the authorities concerned shall examine these recommendations before adopting their decisions. If the body concerned decides to deviate from these recommendations, he gives the reasons in its decisions. ».
S. 64. in the same section 3/1, inserted a section 66/2 as follows: «art.» 66/2. At regular intervals, and at least every two years, the narcotics control shall consult the representatives of users of rail freight and passenger services to reflect their views on the rail market. ».
S.
65. in the same section 3/1, it is inserted an article 66/3, worded as follows: «art.» 66/3.
§ 1. The supervisory body is entitled to request the relevant information to the Manager of the infrastructure, applicants and any other interested party.
This information is provided within a reasonable time fixed by the narcotics control, more than one month, unless

that, in exceptional circumstances, the narcotics control only accepts and authorizes an extension limited not exceeding two weeks.
Information to be provided to the supervisory body include all data required by the latter in the context of its use and functions monitoring of competition in the rail services markets. These include the data necessary to compile statistics and observe the market.
§ 2. The fact that the infrastructure manager, applicants or any other interested party, not to respond to the request for information made by the narcotics control, within the time limit fixed by is an infringement likely to be punished by an administrative fine on a lump sum basis or per day.
The fine can be per day schedule, less than 1,000 euros or more 2,000 euros, or total, more than 60,000 euros.
The fine is recovered for the benefit of the Treasury by the administration of the tax on the value added of the registration and domains.
Each year on 1 January, these amounts are adapted to the health index according to the following formula: the basic amount multiplied by the new index and divided by the starting index.
The new index is the health of the month of November of the year preceding the year in which amounts are adjusted in accordance with paragraph 4. The starting index is the health of November 2013. The result is rounded to the higher euro if the fractional part is greater than or equal to fifty cents. It is in the lower euro if this part is less than fifty cents.
The limitation period for the imposition of an administrative fine is set at three years from the date of commission of the facts. The right to collect the administrative fine is prescribed by two years from the date of the last day where the offender should have paid.
If the offender pays the administrative penalty with delay, the amount is increased by full right to the legal interest rate, with a minimum of five percent of the amount of the administrative fine. ».
S. 66. in the same section 3/1, it is inserted an article 66/4, as follows: «art.» 66/4. § 1. The narcotics control Exchange with the supervisory bodies of the other Member States of the European Union's information on its work and its principles and practical decision-making, inter alia, on the main aspects of its procedures and the problems of interpretation of the rail legislation transposed Union. It cooperates with the supervisory bodies of the other Member States of the European Union to coordinate decision-making processes.
To this end, it participates and collaborates in a network bringing together the supervisory bodies of the Member States.
§ 2. The Narcotics Control cooperates closely with the organs of control of other Member States, particularly in setting terms of collaboration for the purpose of mutual assistance within the framework of the tasks of monitoring the market and processing complaints or investigations.
§
3. In case of complaint or investigation initiated on its own initiative on any questions of access or pricing for an international furrow, as well as the monitoring of competition in the market for international rail transport services, the supervisory body shall consult supervisory bodies of all the other Member States through which passes the international cause furrow and where appropriate, the European Commission, and their applications all information necessary before taking a decision.
§ 4. If it is accessed by an organ of control of another Member State, it provides all the information he himself has the right to request under this Code. This information can be used for the purposes of the treatment of the complaint or the investigation referred to in paragraph 3.
§ 5. When the narcotics control receives a complaint or conduct an investigation on its own initiative, it passes all relevant information to the responsible supervisory body so that it can take action against the parties concerned.
§
6. Any representative of the infrastructure managers involved in accordance with article 45 shall, without delay, all the information necessary for the purposes of the treatment of the complaint or the investigation referred to in paragraph 3, which were requested by the supervisory body of the Member State where the associate representative. The supervisory body is empowered to transmit these information on the international furrow to control bodies referred to in paragraph 3.
§ 7. At the request of a supervisory body, the European Commission may take part in the activities enumerated in paragraphs 2 to 6 in order to facilitate the cooperation of those paragraphs mentioned inspection bodies.
§ 8. The supervisory body is developing common principles and practices with other organizations of control for the decisions that they are empowered to take under this Act.
§ 9. The narcotics control evaluates decisions and practices associations referred to in articles 60/1 and 45 infrastructure managers, who perform the provisions of the present Code or, generally, facilitate international rail transport. ».
S. 67. in article 70, § 6, of the same Code in the Dutch text, the word "moduleert" is replaced by "aanpast".
S.
68. in article 93 of the Code, paragraph 5 is repealed.
S. 69. in article 112 of the Penal Code, paragraph 1 is supplemented by the words 'and article 215.
S.
70. in article 168, § 1, of the Code, in the Dutch text, 'toestemming voor' shall be replaced by the words "toelating tot.
S. 71. in article 204 of the Code, "the Minister" shall be replaced by the words "authority".
S.
72. in article 214, paragraph 1, of the same Code, in the Dutch text, the following changes are made: 1 ° in ° 27 "in overtreding van artikel 105" is replaced by the words ', in overtreding van artikel 105,';
2 ° in the 28 °, «aan de in artikel 105 bedoelde NVR» shall be replaced by the words ' aan het in artikel 105 bedoelde NVR.
3 ° in the 37 °, the word "toegestaan" is replaced by the word "voldaan.
S. 73. in article 217 of the Code, in the Dutch text, the following changes are made: 1 ° in paragraph 4, 'het misdrijf' shall be replaced by the words "inbreuk ';
2 ° in paragraph 6, the word «opdrachten» is replaced by «opdrachten.
S. 74. in article 223 of the Code, the words 'the Council of competition' are replaced by the words "the Belgian competition authority.
S. 75. in annex 1 of the Code, the following changes are made: 1 ° in the point 2. (i) in the Dutch text, the word «heffingen» is replaced by the word 'retributies '.
2 ° in the point 3. (b) in the french text, "cars" shall be replaced by the words "of passenger trains.
S.
76. in annex 3, paragraph 2, of the Code, in the Dutch text, «wordt de Commissie geinformeerd» shall be replaced by the words "de Commissie wordt geinformeerd.
S. 77. in annex 4 of the Code, the following changes are made: 1 ° to points 6.2. of the annex and 6.4. of the appendix to the annex, in the Dutch text, «voor weggebruikers» shall be replaced by the words "voor was."
2 ° in point 1.17. Appendix, in the Dutch text, the word 'zwaargewonde' is replaced by the words "verwonding (zwaargewonde persoon)";
3 ° in point 4.4. of the Appendix, in the french text, 'dangerous signal crossing' shall be replaced by the words "dangerous crossing of signal (SPAD).
S.
78. in annex 8, paragraph 3.3, of the same Code, in the french text, the title is supplemented by the words "on the professional level.
S. 79. in annex 11, paragraph 7, of the same Code in the Dutch text, the word "om" is inserted between the words "te treffen ' and the words ' trein '.
S.
80. in annex 12, paragraph 8, of the Code, in the french text, the words "of the Commission of 30 May 2002" shall be inserted between words ' 2002/734/EC' and the word ', as amended '.
S. 81. in annex 16 of the Code, the following changes are made: 1 ° the point 1.4.4.
is replaced by the following: «1.4.4. The design and operation of the rail system must not give rise to an unacceptable level of noise generated by it:-in areas near railway infrastructure, ni - in the driving cab. ».
2 ° in the point 1.5, in the Dutch text, the word «gezien» is replaced by «gebracht ";
3 ° in point 2.1.2 in the title of the french text, the word "(new)" shall be deleted;
4 ° in point 2.4.1, paragraph 10, in the Dutch text, the word "kunnen" is replaced by the word "kan".
S. 82. in annex 17, paragraph 2, paragraph 1, of the same Code in the Dutch text, the words «een aangemelde instantiates» are replaced by the words "(een) aangemelde instantiates (s).
S. 83. in the same Code, in the Dutch text, the following changes are made: 1 ° the word 'netwerk' is every time replaced by the word "net";
2 ° the word 'spoorwegnetwerk' is every time replaced by "spoorwegnet";
3 ° the word «netwerken» is every time replaced by "netten";
4 ° the word 'spoorwegnetwerken' is every time replaced by "spoorwegnetten";
5 ° the word 'tariferingssystemen' is every time replaced by "heffingsregelingen";

6 ° 'het tariferingssysteem' shall each time be replaced by the words "heffingsregeling";
7 ° 'het tariferingsysteem' shall each time be replaced by the words "heffingsregeling";
8 ° "beginselen voor tarives" are each time be replaced by the word 'heffingsbeginselen '.
9 ° "beginselen voor de tarives" are each time be replaced by the word 'heffingsbeginselen '.
10 ° "of specifieke tariferingsvoorschriften" are each time replaced by the words "specifieke heffingsvoorschriften";
11 ° 'of tarives van de infrastructuur"shall each time be replaced by the words" voor het gebruik van de infrastructuur heffing ';
12 ° the word 'tarives' is every time replaced by the word "heffing '.
S. 84. in the same Code, Appendix 2 is replaced by Annex 1 to this Act.
S. 85. in the same Code, it is inserted a 23 annex attached in annex 2 to this Act.
S. 86. in the same Code, it is inserted a 24 annex attached in annex 3 to this Act.
S. 87. in the same Code, it is inserted a 25 annex attached in annex 4 to this Act.
S. 88. in the same Code, it is inserted a 26 annex attached in annex 5 to the present law.
Chapter 3 – Entry into force art. 89. this Act comes into force the 10th day following that of its publication in the Moniteur belge, with the exception of article 29, which comes into force on June 16, 2015.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, June 15, 2015.
PHILIPPE by the King: the Minister of mobility, Ms. J. GALANT ANNEXES annex 1st Act June 15, 2015, amending the Act of 30 August 2013 with the rail Code Appendix 2 to the Act of August 30, 2013 bearing the rail Code Appendix 2 content of the REFERENCE DOCUMENT of the network reference document of the network referred to in article 21 contains the following information : 1. a chapter outlining the nature of the infrastructure which is available to railway undertakings and the conditions of access to this infrastructure. It is made so that the information contained in this chapter are consistent, on an annual basis, with records of railway to be published in accordance with article 211, or there refer.
2. a chapter on the principles of pricing and rates. This chapter contains details appropriate concerning the pricing system and sufficient information on royalties and other useful information relating to the access to services listed in annex 1 that are provided by a single supplier. It describes in detail the method, the rules and, where appropriate, the scales used to apply articles 23 and 49 to 60: 1 in relation to costs and fees. It contains, when available, information concerning changes in charges already decided or planned over the next five years.
3. a chapter on the principles and criteria for capacity allocation. This chapter exposes the great features of the capacity of the infrastructure made available to railway undertakings and specifies any restrictions that limit the use, and in particular the likely constraints imposed by the maintenance of the network. It also specifies the procedures and time limits for the allocation of capacity. It contains the specific criteria from this distribution, and in particular: a) the procedures for submitting requests for capacity with the Manager of the infrastructure by the candidates;
b) requirements which candidates must meet;
c) the deadlines for the application and allocation procedures, procedures to be followed to request information on programming and programming of the planned and unplanned maintenance procedures;
d) the principles governing the coordination process and the system of established dispute resolution available as part of this process;
e) procedures to be followed and the criteria to be applied when the infrastructure is saturated;
(f) details of the restrictions on the use of infrastructure;
g) rules concerning the taking into account of previous levels of utilisation of capacity to determine priorities in the allocation process.
This chapter details the steps taken to ensure adequate treatment of freight, international services and applications submitted to the ad hoc procedure services. It contains a model form for the capacity requirements. The infrastructure manager also publishes detailed information on international train paths allocation procedures.
4. a chapter containing information on the permit application referred to in article 13 and on certificates issued in accordance with Directive 2004/49/EC railway safety or indicating a website where such information are made free available in electronic form.
5. a chapter containing information on the procedures for the settlement of disputes and appeals on questions of access to infrastructure and to rail services and the performance improvement system referred to in article 23.
6. a chapter containing information on access to service facilities referred to in annex 1 and the charging for their use. Operators of service which are not under the control of the infrastructure manager provides information about the rates charged for access to the installation and for the provision of services as well as information on the technical conditions of access, to be included in the document of reference of the network, or indicate a site internet where this information is made available in electronic form for free to.
7. a model agreement for the conclusion of framework agreements between the infrastructure manager and a candidate in accordance with article 24.
Seen to be annexed to the Act of June 15, 2015, amending the Act of 30 August 2013 with the rail Code.

Schedule 2 to the Act of June 15, 2015, amending the Act of 30 August 2013 on the rail Code Annex 23 to the Act of August 30, 2013 annex rail Code 23 list of ELEMENTS of the rail INFRASTRUCTURE railway consists of the following items, provided that they are part of the main tracks and service channels with the exception of those located inside repair material and deposits workshops or garages of traction units, as well as private sidings:-land;
-body and roadbed, including earthworks, trenches, drains, swales, ditches masonry, aqueducts, walls, protection of slopes plantations, etc.; Piers travellers and goods, including passenger and freight terminals; verges and tracks; closing walls, hedges, fencing; protective tapes against fire, devices for heating crossings; crosses, etc.; screens-snow;
-structures: bridges, culverts and other overpasses, tunnels, covered cuts and other underpasses;
retaining walls and structures for protection against avalanches, falling stones, etc.;
-crossings, including facilities to ensure the safety of road traffic;
-superstructure, including: rails, rails to throat and guard rails. ties and beams, small Assembly equipment, ballast, including gravel and sand; switches and crossings, etc.; turntables and traversers (except those exclusively reserved for traction units);
-pavement course of passengers and goods, including access by road and pedestrian access;
-safety installations, signalling and telecommunications full track, station and yard, including production facilities, processing and distribution of current electric service signalling and telecommunications; buildings affected such facilities;
track brakes;
-lighting installations to ensure the movement of vehicles and the safety of traffic;
-processing and transport of current facilities power for the traction of the trains: sub-stations, supply lines between substations and the son of contact, catenaries and supports; third rail with supports;
-buildings assigned to the service of infrastructure, including part of installations for the recovery of the transport costs.
Seen to be annexed to the Act of June 15, 2015, amending the Act of 30 August 2013 with the rail Code.

Schedule 3 to the Act of June 15, 2015, amending the Act of August 30, 2013 bearing the rail Code annex 24 to the Act of 30 August 2013 annex rail code 24 requirements for costs and fees in connection with the railway INFRASTRUCTURE 1. Pairs of elements to be taken into account by the infrastructure managers, when they shall establish the list of market segments to introduce increases in the pricing system within the meaning of article 56, paragraph 1, are at least the following: a) travellers/services of freight transportation services;
(b) trains carrying goods other dangerous freight trains;
(c) national/services international services;
(d) direct trains combined transport;
(e) urban and regional transport of travellers/services; long distance services of passenger transport
(f) complete trains of wagonload trains;

(g) services rail regular/occasional rail services.
2. performance improvement system referred to in article 23 is based on the following basic principles: a) to achieve a level of performance agreed without compromising the economic viability of a service, the infrastructure manager shall, in agreement with the candidates, the main parameters of the performance improvement system, and in particular the value of the delays and the thresholds applicable to payments due under the system of improvement of performance over the time to train movements individual and the whole of the movements of trains of a railway company in a given period;
(b) the infrastructure manager communicates to the railway companies, five days at least before the movement of train, the service schedule on the basis of which the delays will be calculated. The infrastructure manager may, due to force majeure or late modification of the schedule of service, make this communication in a shorter period.
(c) all delays are stored in one of the categories and subcategories of delays following: 1. operations management / planning of the infrastructure manager: 1.1. establishment of the schedule;
1.2 formation of the train;
1.3 mistakes in operating procedure;
1.4. misapplication of the priority rules;
1.5 staff;
1.6. other causes;
2. installations of the infrastructure of the infrastructure manager: 2.1. signalling installations;
2.2 installations of signage at crossings;
2.3 telecommunications facilities;
2.4 power equipment;
2.5 way;
2.6 structures;
2.7 personnel;
2.8. other causes;
3 civil engineering problems attributable to the infrastructure manager: 3.1. construction work foreseen;
3.2 defects in the execution of construction work;
3.3 limitation of speed due to a way defective;
3.4. other causes;
4 causes attributable to other infrastructure managers: 4.1.
causes attributable to the previous infrastructure manager;
4.2 causes attributable to the following infrastructure manager;
5 causes of a commercial nature attributable to the railway undertaking: 5.1. excessive stop time;
5.2. request of the railway undertaking;
5.3 loading operations;
5.4 irregularities in loading;
5.5 commercial preparation of the train;
5.6 staff;
5.7. other causes;
6 rolling under the responsibility of the railway undertaking: 6.1. establishment/modification to the table of service;
6.2. training of the train by the railway undertaking;
6.3 problems concerning cars (passenger transport);
6.4 issues cars (transport of goods);
6.5 problems concerning vehicles, locomotives and railcars;
6.6 staff;
6.7. other causes;
7 causes attributable to other railway undertakings: 7.1. causes attributable to the following railway undertaking;
7.2 causes attributable to the previous railway undertaking;
8 external causes that are attributable to the infrastructure manager or the railway undertaking: 8.1. strike;
8.2 administrative formalities;
8.3 external influence;
8.4. effects of weather conditions and natural causes;
8.5 delayed due to external causes affecting the following network;
8.6. other causes;
9 secondary causes that are attributable to the infrastructure manager or the railway undertaking: 9.1. risks, accidents and dangerous occurrences;
9.2 occupancy due to the delay of the train;
9.3 occupancy due to the delay of another train;
9.4 rotation;
9.5 correspondence;
9.6. to determine after investigation;
(d) to the extent possible, the delay is attributed to a single organization, taking into account both the responsibility for caused disruption and the ability to restore normal traffic conditions;
(e) the calculation of payments reflects the average delay of rail services subject to similar requirements of punctuality;
(f) the infrastructure manager communicates, as soon as possible, railway undertakings of a calculation of payments due under the system of performance improvement. This calculation includes all train movements which have undergone a delay over a maximum period of one month;
g) once a year, the infrastructure manager publishes the annual average level of performance which are received railway undertakings with regard to the main parameters arrested in the performance improvement system.
Seen to be annexed to the Act of June 15, 2015, amending the Act of 30 August 2013 with the rail Code.

Schedule 4 to the Act of June 15, 2015, amending the Act of August 30, 2013 bearing the rail Code annex 25 to the Act of 30 August 2013 annex rail code 25 basic principles and parameters of the contracts between competent authorities and INFRASTRUCTURE managers on the contract specifies the provisions of article 47, paragraph 3, and shall cover at least the following
(: 1) the scope of the contract with respect to the infrastructure and facilities of service, in accordance with the structure specified in annex 1. This item encompasses all aspects of the management of the infrastructure, including the maintenance and renewal of the elements of the infrastructure already in service. Where necessary, the construction of new infrastructures can also be mentioned;
(2) the structure of payments or funds allocated to various infrastructure services listed in annex 1, maintenance and renewal as well as resorption of existing arrears of maintenance and renewal. Where applicable, the structure of payments or funding for a new infrastructure can be mentioned;
(3) performance objectives oriented towards the user, in the form of indicators and criteria of quality on items such as: has) the performance of the trains, for example in terms of speed and reliability, and customer satisfaction;
(b) the capacity of the network;
(c) the management of the assets;
(d) the volume of activities);
(e) security levels); and (f) the protection of the environment;
(4) the volume of the back of eventual maintenance and assets that will be removed from service and, therefore, will generate different financial flows;
(5) the incentive measures referred to in article 47, paragraph 2;
(6) the obligations of information minimum the infrastructure manager in relation to the content and the frequency of reporting, including the information to be published annually;
(7) the agreed period of the contract, which is synchronized and compatible with the duration of the business plan, the concession or licence of the infrastructure manager, as applicable, and the framework and pricing rules set by the State;
(8) the rules applicable in the event of a significant disruption of activities or in emergency situations, including plans for emergency and early termination of the contract, as well as the rules on information in time and hour of users;
(9) the repair measures to be taken if one of the parties is missing its contractual obligations; or when exceptional circumstances have an impact on the availability of public funding; These include defining the conditions and procedures for renegotiation and early termination.
Seen to be annexed to the Act of June 15, 2015, amending the Act of 30 August 2013 with the rail Code.

Schedule 5 to the Act of June 15, 2015, amending the Act of 30 August 2013 on the rail Code annex 26 Act of August 30, 2013, the rail code annex 26 information accountants A submit to the body control on application 1. Separation of accounts: a) the accounts of profits and losses and the separate balance sheets for freight, transportation of passengers and infrastructure management activities;
(b) detailed information on each source and use of public funds and other forms of compensation, presented in a manner transparent and accurate, including a detailed analysis of the cash flow of the companies to determine how these public funds and these other forms of compensation were used;
(c) categories of costs and profits to establish if cross-subsidies were made between these different activities, in accordance with the requirements of the inspection body;
d) the method used to disaggregate the costs between the different activities;
(e)) where the regulated company belongs to a group, full details of the inter-carrier payments.
2. monitoring of track access charges: has) different categories of costs, and in particular sufficient information on the marginals/direct costs of the different services or groups of services to enable the monitoring of charges for use of infrastructure;
(b) information sufficient to permit tracking of individual fees paid for the services (or groups of services); at the request of the inspection body, this information includes data on the volumes of individual services, the prices of individual services and total revenues to individual and from internal and external customer services;
(c) the costs and revenues associated with each service (or group of services), established using the method of calculation of costs appropriate manner

defined by the inspection body, so as to be able to detect the possible existence of anti-competitive pricing (practices of eviction and excessive rates, cross-subsidies).
3. indication of the financial performance: has) a State of financial performance.
(b) a summary statement of expenditure;
(c) a State of maintenance expenses;
(d) a State of operating expenses;
(e) an income statement;
(f) developing and explaining the information accompanying notes, if applicable.
Seen to be annexed to the Act of June 15, 2015, amending the Act of 30 August 2013 with the rail Code.