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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belgiquelex.be - Carrefour Bank of Legislation

15 JUIN 2015. - An Act to amend the Railway Code Act of 30 August 2013



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
On the proposal of the Minister of Mobility,
We stopped and stopped:
The House of Representatives adopted and sanctioned the following:
CHAPTER 1er. - General provisions
Article 1er. This Act regulates a matter referred to in Article 74 of the Constitution.
Art. 2. This Act partially transposes Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a European single railway space as well as Directive 2014/38/EU of the Commission of 10 March 2014 amending Annex III of the Directive 2008/57/EC of the European Parliament and of the Council with regard to noise disturbances.
CHAPTER 2. - Amendments to the Railway Code
Art. 3. Article 1er Paragraphs 2 and 3 of the Railway Code 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 the safety of community railways and amending Council Directive 95/18/EC on the licences of railway companies, as well as Directive 2001/14/EC on the distribution of railway infrastructure capacity, railway infrastructure pricing and security certification;
2° Directive 2007/59/EC of the European Parliament and of the Council of 23 October 2007 on the certification of train drivers ensuring the conduct of locomotives and trains on the railway system in the Community;
3° Directive 2008/57/EC of the European Parliament and the Council of 17 June 2008 on the interoperability of the railway system within the Community;
4° Directive 2012/34/EU of the European Parliament and the Council of 21 November 2012 establishing a single European railway space. "
Art. 4. Section 2 of the same Code is replaced by the following:
“Art. 2. § 1er. Articles 4 to 4/3, 5, 9, 19/1 to 19/3, 47, § 1er, and 62, § 3, 5°, do not apply to railway companies that operate only urban, suburban or regional services on autonomous local or regional networks for transport services borrowing a railway infrastructure or on networks intended solely for the operation of urban or suburban railway services.
Notwithstanding paragraph 1erwhere such a railway undertaking is under the direct or indirect control of a company or other entity that provides or integrates railway services other than urban, suburban or regional services, sections 4/1 and 4/3 are applicable. Section 4 also applies to such a railway undertaking with respect to its relationship with the company or entity that controls it directly or indirectly.
Sections 7, 1°, and 11-19 do not apply to:
(a) enterprises operating only railway passenger transport services on autonomous local railway infrastructure;
(b) enterprises that operate only urban or suburban rail passenger transport services;
(c) companies that operate only freight services on a private rail infrastructure that only exists for the freight operations of the infrastructure owner.
Sections 4/2, 9, 19/3 and 20 to 67 do not apply to:
(a) stand-alone local networks for passenger transport services using rail infrastructure;
(b) networks intended solely for the operation of urban and suburban passenger rail transport services;
(c) private railway infrastructure reserved for the sole use of their owner for its own cargo activities.
Section 19/2 does not apply to:
(a) stand-alone local networks for passenger transport services using rail infrastructure;
(b) networks intended solely for the operation of urban and suburban passenger rail transport services;
(c) private railway infrastructure reserved for the sole use of their owner for its own cargo activities.
The list of infrastructure referred to in paragraph 5 is notified to the European Commission for infrastructure that is not of strategic importance to the operation of the railway market.
§ 2. Subject to § 1er, this Code does not apply:
1° to private railway infrastructure and vehicles used on these infrastructures and intended to be used exclusively by their owners for their own freight transport operations;
2° to railway networks that are functionally separated from the rest of the railway system and are intended solely for the operation of local, urban or suburban services for the transport of passengers and goods;
3° to heritage, museological and tourist railways that have their own railway networks, including workshops, vehicles and personnel operating solely on such networks and lines;
4° with the exception of articles 74, 12° and 82, to metros, trams and other urban and regional railway systems using light rail or any other rail-related mode, provided that the latter do not circulate on the Belgian railway network.
§ 3. Title 5 does not apply to train drivers operating exclusively on track sections that are temporarily closed to normal traffic due to the maintenance, renewal or redevelopment of the railway system.
Art. 5. In section 3 of the same Code, as amended by the Royal Decree of December 21, 2013, the following amendments are made:
1° the 3° is replaced by the following:
"3° "Framework Agreement": a general legally binding agreement on public or private law, defining the rights and obligations of a candidate and manager of rail infrastructure and relating to the capabilities of the rail infrastructure to be allocated and the pricing to be applied over a period exceeding a single period of validity of the service schedule; »;
2° a 3/1° is inserted, 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° is inserted, as follows:
"6/1° "A viable alternative", access to another service facility economically acceptable to the railway company and allowing it to operate the freight or transport service of the passengers concerned; »;
4° a 9/1° is inserted, as follows:
"9/1° "Authoric Authority", the entity responsible for issuing licences to railway companies in a Member State; »;
5° a 10/1° is inserted, as follows:
"10/1° "Reasonable benefit": a rate of pay for equity that takes into account the risk, including the rate on revenues, or the absence of risk, incurred by the operator of the service facility and that is consistent with the average rate in the sector in question in recent years; »;
6° the 11° is replaced by the following:
"11° "Candidat": any railway company, any international grouping of railway companies or other natural or legal persons or entities, such as, for example, the competent authorities referred to in Regulation (EC) No 1370/2007 and the shippers, freighters and combined transport operators having commercial or public service reasons to acquire infrastructure capacities; »;
7° at point 12°, the word "segment" is replaced by the word "element";
8° the 20° is replaced by the following:
"20° "Coordination": the procedure implemented by the railway infrastructure manager and the candidates in order to find a solution in the event of competing requests for the booking of railway infrastructure capabilities; »;
9° a 28/1° is inserted, as follows:
"28/1° "Service Facility Operator": any public or private entity responsible for managing one or more service facilities or providing one or more of the services referred to in Schedule 1 to railwaysrepoints 2, 3 and 4; »;
10° on the 29° is replaced by the following:
"29° "Infrastructural Manager": any organization or company in particular responsible for the establishment, management and maintenance of railway infrastructure, including traffic management, and the signalling and control system. The functions of infrastructure manager on all or part of a network may be assigned to several organizations or businesses; »;
11° the 32° is replaced by the following:
"32° "Rail infrastructure": all elements listed in Appendix 23; »;
12° 1 33/1° is inserted, as follows:
"33/1° "Service Installation": the installation, including land, buildings and equipment that have been specially designed, in whole or in part, to provide one or more of the services referred to in Appendix 1repoints 2, 3 and 4; »;
13° a 34/1° is inserted, as follows:
"34/1° "Alternative route": another route between the same origin and the same destination, the railway company that can replace a route to the other to operate the cargo or passenger transport service concerned; »;
14° the 35° is replaced by the following:
"35° "Licence": an authorization granted by the licensing authority to a company to which the quality of railway service provider as a railway company is recognized. This quality may 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" : de instanties die belast zijn met de beoordeling van de overeenstemming of de geschiktheid voor het gebruik van de interoperabiliteitsonderdelen of met het onderzoek ten behoeve van de "EG"-keuringsprocedure van de subsystemen;";
16° the 59° is replaced by the following:
"59° "Network": the entire railway infrastructure managed by an infrastructure manager; »;
17° the 61° is replaced by the following:
"61° "International Cargo Service": a transportation service in which the train crosses at least one border of a Member State; the train may be assembled and/or divided, and the different parts of the train may have different origins and destinations, provided that all cars cross at least one border; »;
18° 1 61/1° is inserted, as follows:
"61/1° "Headed Maintenance Service": work that is not carried out on a regular basis and in the course of day-to-day activities, and that involves the vehicle being removed from service; »;
19° the 62° is replaced by the following:
"62° "International passenger transport service": a passenger transport service in which the train crosses at least one border of a Member State and whose main purpose is to transport passengers between stations located in different Member States; the train may be divided or assembled and divided, and the different parts of the train may have different origins and destinations, provided that all cars cross at least one border; »;
20° a 63/1° is inserted, as follows:
"63/1° "Regional services": transport services whose main purpose is to meet the transport needs of a region, including a cross-border region; »;
21° a 63/2° is inserted, as follows:
" 63/2° "Urban and suburban services": transportation services whose main purpose is to meet the transport needs of an urban centre or agglomeration, including a cross-border agglomeration, as well as the transport needs between the city centre and its suburbs; »;
22° in the French text, the 64° is replaced by the following:
"64° "Sillon": the capacity of the railway infrastructure required to circulate a train from one point to another during a given period; »;
23° a 71/1° is inserted, as follows:
"71/1° "Transit": the crossing of the territory of the Union without loading or unloading of goods and/or without taking charge or laying passengers on this territory; »;
24° the 74° is replaced by the following:
"74° "Save of garage": the tracks specifically reserved for temporary parking of railway vehicles between two missions; »;
25° the 75° is replaced by the following:
"75° "Decision 2009/561/EC": the Commission's decision of 22 July 2009 amending Decision 2006/679/EC on the technical specification of interoperability regarding the control-command subsystem and signalling of the conventional trans-European railway system; »;
26° the article is completed by a 76°, written as follows:
"76° "Decision 2008/386/EC": the Commission's decision of 23 April 2008 amending Appendix A to Decision 2006/679/EC on the technical specification of interoperability regarding the control-control subsystem and signalling of the conventional trans-European railway system; »;
27° the article is supplemented by a 77°, written as follows:
"77° "Decision 2006/860/EC": Commission decision of 7 November 2006 concerning a technical specification of interoperability with respect to the high-speed trans-European system control and signalling subsystem and amending Appendix A to Decision 2006/679/EC concerning the technical specification of interoperability with respect to the control-command subsystem and signalling of the conventional trans-European railway system. "
Art. 6. The title 2 of the same Code is replaced by the following:
"TITRE 2. - Principles of organisation and management".
Art. 7. In title 2 of the same Code, a chapter 1 is insertederincluding Article 4 entitled:
CHAPTER 1er. Accounting separation".
Art. 8. In section 4 of the same Code, the following amendments are made:
1° in paragraph 1erParagraph 3 is repealed;
Paragraph 2 is replaced by the following:
Ҥ2. Railway companies maintain separate accounts in their internal accounts for, on the one hand, the activity of rail freight transport and, on the other, the activities related to the provision of rail passenger transport services. The schedule of their annual account contains a separate balance sheet, result account and cash flow for the rail freight activity and for the rail passenger transport activity.
Public funds for activities related to the provision of transportation services for public service missions are separately, in accordance with section 7 of Regulation 1370/2007, in the corresponding accounts and are not transferred to activities related to the provision of other transportation services or to any other activity. "
3° a paragraph 3 is inserted, as follows:
“§3. Accounts relating to the various areas of activity referred to in §§ 1er and 2 are held in such a way as to allow the monitoring of the prohibition of transferring public funds from one area of activity to another and the control of the use of revenues derived from the use royalties of the infrastructure and surpluses released from other commercial activities. "
Art. 9. In title 2 of the same Code, a chapter 2 is inserted, entitled:
"Chapter 2. Independence of the infrastructure manager."
Art. 10. In Chapter 2, inserted by Article 9, an article 4/1 is inserted as follows:
"Art. 4/1. While respecting this Code and its enforcement orders, the infrastructure manager is responsible for its organization, management and internal control. "
Art. 11. In the same chapter 2, an article 4/2 is inserted as follows:
"Art. 4/2. § 1er. Essential functions to ensure equitable and non-discriminatory access to infrastructure are carried out by entities or companies that are not themselves suppliers of rail transport services.
The essential functions are:
1° the adoption of decisions concerning the distribution of the furrows, including the definition and assessment of availability, as well as the allocation of individual furrows, and
2° the adoption of pricing decisions for the use of infrastructure, including the determination and recovery of royalties.
§ 2. If the infrastructure manager is not independent of railway companies on a legal, organizational or decision-making basis, the functions referred to in Chapters 3, Chapters 4 and 5 are assumed respectively by a pricing agency and by a distribution agency that are independent of railway companies on a legal, organizational and decision-making basis.
§ 3. When dealing with essential functions of the infrastructure manager, the provisions of heading 3, chapters 4 and 5, are defined as applicable to the pricing agency or distribution agency for their respective competencies. "
Art. 12. In title 2 of the Act, a chapter 3 is inserted, entitled:
"Chapter 3. - Management of railway companies according to trade principles".
Art. 13. In Chapter 3, inserted by Article 12, an article 4/3 is inserted as follows:
"Art. 4/3. Railway companies are managed according to the principles that apply to commercial companies, regardless of their owner. This rule also applies to their public service obligations and public service contracts that they enter into with the competent authorities of the State.
In compliance with this Code and its enforcement orders, railway companies are in particular free:
(a) define their internal organization, without prejudice to the provisions of articles 4/2, 26, 27 and 46;
(b) to control the supply and marketing of services and to set the tariff;
(c) make decisions on personnel, assets and procurement;
(d) develop their market share, create new technologies and services and adopt innovative management technology;
e) launch new activities in areas associated with railway activity.
The shareholders of railway enterprises held or controlled by the State may require their prior approval for the main decisions relating to the management of the enterprise, like the shareholders of private anonymous companies, in accordance with corporate law. The provisions of this Article shall apply without prejudice to the powers of supervisory bodies provided for in corporate law with respect to the appointment of members of the board of directors. "
Art. 14. Section 5 of the same Code is replaced by the following:
“Art. 5. A right of access to railway infrastructure, on fair, non-discriminatory and transparent terms:
1° the Belgian National Railway Company for the operation of all of its transport activities. This right also concerns access to infrastructure linking marine and inland navigation ports and other service facilities referred to in Appendix 1re, point 2, and infrastructure serving or serving more than one final customer;
2° any railway company established in a Member State of the European Union for the operation of any type of goods transport services. This right also concerns access to infrastructure linking marine and inland navigation ports and other service facilities referred to in Appendix 1re, point 2, and infrastructure serving or serving more than one final customer;
3° any railway company established in a Member State of the European Union for the operation of international passenger transport services. This right also concerns access to infrastructure linking service facilities referred to in Schedule 1repoint 2;
4° any tourist association making traffic for tourist purposes with historical material and recognized for this purpose. "
Art. 15. Section 9 of the same Code, as amended by the Royal Decree of December 21, 2013, is replaced by the following:
“Art. 9. § 1er. The infrastructure manager provides all railways, in a non-discriminatory manner, with all minimum benefits set out in Appendix 1re, point 1.
§ 2. Operators of service facilities provide all railway companies, in a non-discriminatory manner, with access, including access routes, to infrastructure referred to in Schedule 1re, point 2, and the services offered in these infrastructures.
§ 3. To ensure full transparency and non-discriminatory access to service facilities referred to in Appendix 1re, point 2, (a), (b), (c), (d), (g) and (i), and the provision of services in these facilities where the operator of such a service facility is under the direct or indirect control of an entity or undertaking that is also active and occupies a dominant position in national railway transport services markets for which the facility is used, it is organized so as to ensure its organizational and decision-making independence vis-à-vis that entity or company. This independence does not necessarily involve the establishment of a separate legal entity for these service facilities and can be achieved by the establishment of separate divisions within the same legal entity.
For all service facilities listed in Schedule 1re, point 2, the operator and the entity or business have separate accounts, including separate balances, income accounts and cash flows.
Where the operation of the service facility is carried out by an infrastructure manager or the operator of the service facility is under the direct or indirect control of an infrastructure manager, compliance with the requirements set out in this subsection is deemed to be demonstrated by compliance with the requirements set out in section 4/2.
§ 4. Requests for access to the service facility, and for the provision of services in the facility referred to in Appendix 1re, point 2, introduced by railway companies are processed within a reasonable time limit set by the control body. These applications can only be denied if there are viable alternatives for railway companies to operate the freight or passenger transport service on the same route or on a substitution route under economically acceptable conditions. This does not require the operator of the service facility to invest in the resources or facilities to meet all requests made by railways.
Where applications by railway companies relate to access to a service facility and the provision of services in a service facility managed by a service facility operator referred to in paragraph 3, the operator shall in writing justify any decision to refuse and indicate viable alternatives in other facilities.
§ 5. In the event of a conflict between applications, a service installation operator referred to in Appendix 1re, point 2, tries to respond to all requests as far as possible. If no viable alternative exists and it is impossible to respond to all requests for capacity for the facility concerned on the basis of proven needs, the candidate may file a complaint with the control body, which examines the file and takes action, if any, to ensure that an adequate part of the capacity is allocated to that candidate.
§ 6. If a service facility referred to in Schedule 1re, point 2, was not used for at least two consecutive years and if railway companies have declared themselves interested in accessing this facility to the operator of this facility, on the basis of proven needs, its owner publicly announces that its operation is available to lease or lease as a railway service facility, in whole or in part, unless the operator of this re-service facility demonstrates that a process prevents the re-establishment process
§ 7. If the operator of the service facility provides one of the services listed in Schedule 1re, point 3, as complementary benefits, it provides them in a non-discriminatory manner to any railway company that makes the request.
§ 8. Rail companies may request, as a related benefit, the infrastructure manager or other service facility operators a benefit referred to in Schedule 1re, point 4. The operator of service facilities is not required to provide these related benefits. When the operator of the service facility decides to propose to others one of these benefits, it provides them on request to railway companies in a non-discriminatory manner.
§ 9. The King may adopt measures detailing the procedure to be followed and the criteria to be met for access to services to be provided at the service facilities referred to in Schedule 1re, points 2 to 4. "
Art. 16. Section 9/1 of the same Code, inserted by the Royal Decree of December 21, 2013, is repealed.
Art. 17. Section 11 of the same Code is replaced by the following:
“Art. 11. Any company with an operating seat in Belgium has the right to apply for a licence to be recognized as a railway company.
The King shall designate, by a deliberate decree in the Council of Ministers, the authority responsible for the issuance of the licences.
The authority responsible for the issuance of the licences itself does not perform any provision of railway transportation services and is independent of any undertaking or entity that does so. "
Art. 18. In section 13 of the same Code, the following amendments are made:
1° paragraph 1er is replaced by the following:
« § 1er. To obtain a licence, the applicant demonstrates to the authority responsible for the licences, prior to the commencement of its activities, that it may at any time meet the conditions, determined by the King by a deliberate order in the Council of Ministers, in terms of financial capacity, professional capacity, coverage of its civil liability and in respect of honesty.
Any company that meets the requirements set out in paragraph 1er is authorized to receive a licence. "
2° paragraph 3 is supplemented by the following sentence:
"The King can determine the model of the licence. "
Art. 19. In section 16 of the same Code, the following amendments are made:
1° the words "the minister" are replaced by the words "the authority responsible for the licences";
2° the words "it informs" are replaced by the words "it informs".
Art. 20. Section 17 of the same Code is replaced by the following:
“Art. 17. The King determines, by a deliberate order in the Council of Ministers, the cases and modalities for the suspension and withdrawal of the licence, the introduction of new applications, the issuance of a temporary licence.
Specific provisions concerning the suspension or withdrawal of a licence may be included in the licence itself. "
Art. 21. In Article 18 of the same Code, the words "the European Commission" are replaced by the words "the Agency".
Art. 22. In title 3 of the same Code, a chapter 2/1 entitled:
CHAPTER 2/1. - Corporate plans."
Art. 23. In Chapter 2/1, inserted by Article 22, an article 19/1 is inserted, as follows:
"Art. 19/1. Railway companies adopt their business plans, including investment and financing plans. These plans are designed to achieve the financial balance of businesses and to achieve other technical, commercial and financial management objectives; They also mention ways to achieve these goals. "
Art. 24. In the same chapter 2/1, an article 19/2 is inserted, as follows:
"Art. 19/2. As part of the strategy under section 19/3, the infrastructure manager adopts a business plan including investment and funding plans. This plan aims to ensure the optimal and effective use, availability and development of infrastructure, while achieving financial balance and providing the necessary means to achieve these objectives. The infrastructure manager gives access to known candidates and, upon request, to potential candidates for the relevant information and gives them the opportunity to express their views on the content of the business plan with respect to terms and conditions of access and use, nature, availability and infrastructure development prior to its approval. "
Art. 25. In title 3 of the same Code, a chapter 2/2, entitled:
CHAPTER 2/2. - Railway infrastructure development strategy."
Art. 26. In Chapter 2/2, inserted by Article 25, an article 19/3 is inserted as follows:
"Art. 19/3. The Minister proposes to the King, after consultation with interested parties, an indicative strategy for the development of railway infrastructure to meet future mobility needs in terms of infrastructure maintenance, renewal and development and based on sustainable financing of the railway 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. "
Art. 27. Section 21 of the same Code is replaced by the following:
“Art. 21. The network reference document contains the characteristics of the infrastructure available to railway companies and contains information specifying the conditions for access to the relevant railway infrastructure. The network reference document also contains information on the terms and conditions of access to service facilities connected to the infrastructure manager's network and the provision of services at these facilities, or indicates a website where such information is made available free of charge in electronic form. The content of the network reference document is defined in Appendix 2.
The network reference document is kept up-to-date and, where appropriate, amended. "
Art. 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".
Art. 29. In section 23 of the same Code, the following amendments are made:
1° a paragraph is inserted between paragraphs 3 and 4:
"The basic principles of the performance improvement system listed in Appendix 24, item 2, apply to the entire network. »;
2° the Dutch text of former paragraph 4, which became paragraph 5, is replaced by the following:
"Deze regeling is voor het gehele net van toepassing en kan boetes inhouden voor handelingen die de exploitatie van het net verstoren, compensaties voor ondernemingen die onder verstoringen te lijden hebben, en premies ter beloning van prestaties die de ramingen overtreffen die gener ";
3° old paragraph 5, which became paragraph 6, is replaced by the following:
"In accordance with Appendix 24, item 2, the Infrastructure Manager sets out the basic principles of the performance improvement system in agreement with the candidates. »;
4° the article is supplemented by two paragraphs 7 and 8 as follows:
"By derogation from section 46, paragraph 2, the infrastructure manager shall determine the rules for calculating and payment of royalties resulting from the application of the performance improvement system. It shall apply these rules and procedures no later than 1er January 2017.
The performance improvement system established by the Royal Decree of 6 July 2011 amending the Royal Decree of 9 December 2004 on the allocation of railway infrastructure capabilities and the use charge of railway infrastructure is applied to the date of application of the performance improvement system established pursuant to paragraph 7. Until the same date, the King, by order deliberately in the Council of Ministers, sets out the rules for calculating and payment of royalties resulting from the application of the performance improvement system. "
Art. 30. In section 24 of the same Code, the following amendments are made:
1° in paragraph 1er, paragraph 2, in the Dutch text, the word "aanvrager" is replaced by the word "kandidaat";
2° in paragraph 1erParagraph 8 is repealed:
3° in paragraph 1er, former paragraph 10, which became paragraph 9, in the Dutch text, the word "integraal" is inserted between the words "dat" and "deel uitmaakt";
4° paragraph 1er, is supplemented by a paragraph written as follows:
"The framework agreement model is subject to the prior opinion of the control body. »;
5° in paragraph 2, subparagraphs 1er and 2, in the Dutch text, the word "anvrager" is replaced by the word "kandidaat";
6° in paragraph 2, paragraph 3, in the Dutch text, the word "aanvragers" is replaced by the word "kandidaten";
7° the article is supplemented by a paragraph 3, which reads as follows:
Ҥ3. The King may determine the procedure to be followed and the criteria to be met for the application of this article. "
Art. 31. In heading 3, chapter 4, section 1re, of the same Code, an article 27/1 is inserted, as follows:
"Art. 27/1. Applications for infrastructure capacity can be submitted by applicants. In order to use these infrastructure capabilities, candidates, who are not railway companies, designate a railway company to enter into an agreement with the infrastructure manager in accordance with section 23. This is without prejudice to the right of candidates to enter into agreements with the infrastructure manager within the meaning of section 32. "
Art. 32. In section 31 of the same Code, paragraph 2 is replaced by the following:
"In order to be able to assess whether the main objective of an international service is to transport passengers on a journey between stations located in different Member States, the control body shall ensure that the Minister, as well as the Minister who has assigned a railway passenger transport service service defined in a public service contract and any railway undertaking performing the public service contract on the journey of this international passenger transport service are informed. "
Art. 33. In Article 32, § 1er, of the same Code, the 1° is replaced by the following:
"1° or by the candidates."
Art. 34. Section 34 of the same Code is replaced by the following:
“Art. 34. Without prejudice to section 45, the infrastructure manager cooperates with the railway infrastructure managers of other EU member states so that applications involving several networks, including the Belgian network, can be addressed to a single window, which is either a common entity established by infrastructure managers or by a single infrastructure manager participating in the link. The latter therefore acts on behalf of the candidate in his search for capacity with the other railway infrastructure managers involved.
Paragraph 1er applies without prejudice to Regulation (EU) No 913/2010 of the European Parliament and Council of 22 September 2010 concerning the European railway network for competitive cargo.
International ties, as agreed by the various railway infrastructure managers, are integrated into the schedule project prior to the commencement of consultations on the railway infrastructure. Adjustments are made only in case of absolute necessity. "
Art. 35. In section 35 of the same Code, paragraph 3 is replaced by the following:
"When the proposed service schedule is established, the railway infrastructure manager consults with interested parties and leaves them with the ability to submit their comments for a month. Interested parties include all those who have applied for infrastructure capacity, as well as other parties who wish to comment on the impact that the service schedule may have on their ability to provide rail services during the service time period. The infrastructure manager adopts appropriate measures to address the concerns expressed. "
Art. 36. Article 37 of the same Code is supplemented by a paragraph written as follows:
"The infrastructure manager shall, as soon as practicable, inform interested parties of the unavailability of infrastructure capabilities due to unscheduled maintenance work. "
Art. 37. Article 39 of the same Code is supplemented by a paragraph written as follows:
"The infrastructure manager may, as part of the programming and coordination procedure, give priority to certain services, but only in the cases referred to in sections 38, 41 and 43. "
Art. 38. Section 40 of the same Code is replaced by the following:
“Art. 40. § 1er. When the infrastructure manager is confronted, within the framework of the programming, with competing applications, it strives, through the coordination of applications, to ensure the best possible alignment between them.
§ 2. Where the situation is such that coordination is required, the infrastructure manager may, within reasonable limits, propose capacities of the infrastructure different from those requested.
§ 3. The infrastructure manager endeavours, by consulting the candidates concerned, to resolve potential conflicts. This consultation is based on the following information:
(a) the furrows requested by all other candidates on the same lines;
(b) first-time all other candidates on the same lines;
(c) other proposed links on the relevant lines, in accordance with paragraph 2;
(d) comprehensive and detailed information on capacity-sharing criteria.
This information is provided without revealing the identity of other candidates, unless the candidates concerned have accepted it.
The principles governing the coordination procedure are defined in the network reference document. In particular, they reflect the difficulty of drawing international links and the impact that any change may have on other railway infrastructure managers. "
Art. 39. In section 41 of the same Code, the following amendments are made:
1° in paragraph 1er, the word "conciliar" is replaced by the words "respond favorably to";
2° in paragraph 3, paragraph 2, in the French text, the word "one" is inserted between the word "by" and the words "Royal Decree";
Paragraph 4 is repealed.
Art. 40. In section 43 of the same Code, the following amendments are made:
1° paragraph 2 is replaced by the following:
"The railway infrastructure manager specifies, in the network's reference document, the conditions for taking into account the previous levels of use of the links in determining priorities under the distribution procedure. »;
2° the article is completed a paragraph, which reads as follows:
"The railway infrastructure manager imposes the renunciation of a link whose use, over a period of at least one month, has been less than a threshold specified in the network's reference document, unless this sub-use results from non-economic reasons beyond the control of the candidate concerned. "
Art. 41. Section 45 of the same Code is replaced by the following:
“Art. 45. § 1er. The railway infrastructure manager cooperates with the railway infrastructure managers of the other EU member states in order to enable the creation and effective allocation of capacity of the railway infrastructure involving several networks, including the framework agreements referred to in Article 24. As part of this cooperation, the railway infrastructure manager organizes international links and puts in place the necessary procedures for this purpose. It also assesses the needs and, where appropriate, proposes and organizes international links to facilitate the operation of freight trains that are subject to an ad hoc request referred to in section 36.
When the allocation management decisions have an impact on other infrastructure managers, it joins with them to coordinate the allocation of infrastructure capacity or to allocate all relevant capabilities at the international level, without prejudice to specific rules relating to rail freight networks. The principles and criteria for the allocation of capacity established under this cooperation are published by the infrastructure manager in his network reference document.
§ 2. When the Belgian railway infrastructure manager has the initiative of this cooperation, he informs the European Commission and invites him to participate as an observer. It also makes it public in an appropriate manner. It also ensures that the list of participants, the operating modes of this collaboration and all criteria used for the evaluation and distribution of infrastructure capacity are made public.
The infrastructure manager transmits to the control body information relating to the development of common principles and practices for the distribution of infrastructure and to information systems that are necessary to carry out its tasks. "
Art. 42. Section 47 of the same Code is replaced by the following:
“Art. 47. § 1er. The King defines, by order deliberately in the Council of Ministers, the appropriate measures, including possible ex ante payments, so that the accounts of profits and losses of the manager of the railway infrastructure, under the normal conditions of activity and in relation to a reasonable period not exceeding five years, present at least a balance between the revenues derived from the royalties of use of the railway infrastructure, the surpluses cleared
§ 2. The railway infrastructure manager is, while complying with safety requirements and improving the quality of service of railway infrastructure, encouraged to reduce the costs of providing infrastructure and the level of fees for the use of railway infrastructure.
§ 3. The implementation of § 2 is carried out within the framework of the contract concluded, for a minimum of five years, between the infrastructure manager and the Belgian State and which respects the basic principles and parameters set out in Annex 25.
The terms and conditions of the contract referred to in paragraph 1er and the structure of payments to provide financial resources to the infrastructure manager agreed in advance and covered the entire duration of the contract.
Applicants and, upon request, potential candidates are notified before the contract is signed under paragraph 1er by the infrastructure manager of its content and have the opportunity to express their views on it before it is signed. The contract is published no later than one month after its signature.
The infrastructure manager ensures consistency between the provisions of the agreement and the business plan referred to in Chapter 2/1 of Title 3. "
Art. 43. In the same Code, an article 47/1 is inserted, which reads as follows:
"Art. 47/1. The infrastructure manager prepares and maintains the register of its assets and assets that it is responsible for managing and used to assess the funding required to rehabilitate or replace them. This registry is accompanied by the details of the spending on infrastructure renewal and upgrading. "
Art. 44. In chapter 5, section 1re of the same Code, article 48/1 is inserted, as follows:
"Art. 48/1. Where applicable, negotiations between candidates and the infrastructure manager on the level of infrastructure use royalties are permitted only if they are conducted under the control body. The control body shall act immediately if negotiations are likely to contravene the provisions of this Code. "
Art. 45. Section 49 of the Code is replaced by the following:
“Art. 49. § 1er. The railway infrastructure manager shall determine and collect non-discriminatory fees for the use of railway infrastructure in accordance with this Rail Code and its enforcement orders. The service facility operator determines and receives non-discriminatory retributions of use of service facilities, in accordance with this Code and its enforcement orders. They affect them in financing their activities.
§ 2. The infrastructure manager and the service facility operator shall provide the control body with any necessary information on the royalties and retributions imposed in order to enable it to perform its functions within the meaning of this Code.
The King may determine how this information is transmitted to the control body. "
Art. 46. Section 50 of the same Code is replaced by the following:
"Art. 50. § 1er. Royalties collected for all minimum benefits and for network access to service facilities are equal to the cost directly attributable to the operation of the railway service.
The King may determine the cost calculation procedures directly attributable to the operation of the railway service.
The infrastructure manager may decide to gradually adapt to these terms, for a period of up to four years after the Royal Order comes into force.
§ 2. The railway infrastructure use fee may include a fee for the scarcity of capacity of the identifiable section of the railway infrastructure during saturation periods.
§ 3. The railway infrastructure usage fee may be amended to reflect the cost of the impact on the train operation environment. Any modification of this type is differentiated depending on the extent of the effect generated. Any change in infrastructure fees to take into account noise-induced costs promotes car equipment with low noise braking technology available under the most advantageous economic conditions.
The King may determine the terms for the application of royalties corresponding to the cost of noise effects.
The environmental cost pricing resulting in an increase in the overall amount of revenues realized by the infrastructure manager is, however, permitted only if it applies to road freight, in accordance with European Union law. Where applicable, the King determines the allocation of these additional revenues.
§ 4. In order to avoid disproportionate variations, the royalties referred to in §§ 1er to 3 may be expressed in averages calculated on a sufficient range of railway services referred to in Appendix 1repoints 1 and 2, and periods. However, the relative importance of infrastructure usage royalties is in relation to costs attributable to different services. "
Art. 47. Section 51 of the same Code is replaced by the following:
“Art. 51. Retribution imposed for access to lanes at service facilities listed in Schedule 1re, point 2, and the provision of services in these facilities, does not exceed the cost of their benefit plus a reasonable benefit.
Where the services referred to in Schedule 1re, points 3 and 4, i.e., supplementary benefits and related benefits, are offered only by a single supplier, the remuneration imposed for such a service does not exceed the cost of the benefit plus a reasonable benefit. "
Art. 48. In the same Code, an article 52/1 is inserted, as follows:
“Art. 52/1. The fees for the use of infrastructure for the use of rail corridors defined in Decision 2009/561/EC are differentiated to encourage train equipment with the ETCS system in accordance with the version adopted by Decision 2008/386/EC and subsequent versions. This differentiation does not result in any change in the overall amount of revenues realized by the infrastructure manager.
This differentiation of infrastructure usage fees does not apply to railway lines referred to in Decision 2009/561/EC on which only trains equipped with the ETCS system operate.
The King may decide to extend this differentiation to railway lines not mentioned in Decision 2009/561/EC.
The King may determine the modalities to be followed to set up this differentiation of the infrastructure use fee.
This section does not apply to trains not equipped with the ETCS system and used for regional passenger transport services that were first put into service before 1985. "
Art. 49. Section 53 of the same Code is replaced by the following:
“Art. 53. The railway infrastructure manager and the service installation operator must at any time be able to demonstrate that the railway infrastructure usage fees and actual service pay are in accordance with the method, regulations and scales defined in the network reference document.
As part of environmental cost pricing, the infrastructure manager retains the necessary information and ensures the traceability of the origin of these fees. "
Art. 50. In the same Code, an article 53/1 is inserted, as follows;
"Art. 53/1. The operator of the facility for the delivery of the services referred to in Schedule 1re, points 2, 3 and 4, transmits to the infrastructure manager information on the retributions to be included in the network reference document or indicates a website where this information is made available free of charge in electronic form. "
Art. 51. Section 54 of the Code is replaced by the following:
“Art. 54. The infrastructure manager may charge an appropriate fee for assigned but unused capabilities. This fee, collected in the event of non-use, promotes effective use of capacity and is obligatoryly collected when candidates who have been awarded a sillon regularly refrain from using it in whole or in part. The infrastructure manager sets out in its network reference document the criteria for determining the default for the collection of this fee. The control body checks these criteria. The payment of this fee is made either by the candidate or by the designated railway company, in accordance with section 27/1. The infrastructure manager is, at all times, in a position to indicate to any interested party the infrastructure capabilities that have already been allocated to the railway operators. "
Art. 52. Section 55 of the same Code is replaced by the following:
"Art. 55. § 1er. The infrastructure manager may impose rules on candidates in order to safeguard his legitimate aspirations with respect to future revenues and use of infrastructure. These rules are appropriate, transparent and non-discriminatory. They are detailed in the network reference document. They relate only to the provision of a financial guarantee that does not exceed an appropriate level, proportional to the level of activity considered by the applicant, and to the ability to bid in accordance with the requirements of the infrastructure.
§ 2. The King may determine the criteria for the application of this article. "
Art. 53. Section 56 of the same Code is replaced by the following:
"Art. 56. § 1er. By derogation from section 2, the King may, by a deliberate order in the Council of Ministers, decide, if the market lends itself to the increase in the use of railway infrastructure in order to proceed with the total recovery of the costs incurred by the railway infrastructure manager, on the basis of effective, transparent and non-discriminatory principles, while ensuring optimal competitiveness of the segments of the railway market. The pricing system respects the productivity gains made by rail companies.
The order referred to in paragraph 1er does not exclude the use of railway infrastructure by market segments that can at least pay the cost directly attributable to the operation of the railway service, plus a profitability rate if the market is ready.
Preamble to the order referred to in paragraph 1er, the infrastructure manager conducts an assessment report on the relevance of majorations for specific market segments, considering at least the pairs of elements listed in Appendix 24, item 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, passenger transport services under a public service contract and other passenger transport services.
The infrastructure manager may perform a more extensive differentiation of market segments based on the goods or passengers transported.
The market segments on which railway companies are not currently operating but may provide services during the validity period of the pricing system are also defined. For these market segments, the infrastructure manager does not introduce a majoration into the pricing system.
The list of market segments is published in the network reference document and is subject to revision at least every five years. The control body checks this list in accordance with section 62.
§ 2. When essential elements of the pricing system established in accordance with paragraph 1erParagraph 1er, are amended, these amendments are made public at least three months before the network's reference document is published. "
Art. 54. Article 59, § 5, of the same Code is supplemented by the following sentence:
"Reducing systems are applied in a non-discriminatory manner to all railway companies. "
Art. 55. In the Dutch text of article 60 of the same Code, the words "retributies voor het gebruik van de" are inserted between the words " treffen voor" and the words "spoorweginfrastructuurgebruik".
Art. 56. In title 3, chapter 5, of the same Code, a section 4 entitled:
“Section 4. - Cooperation with other railway infrastructure managers."
Art. 57. In section 4 inserted by section 56, an article 60/1 is inserted, as follows:
"Art. 60/1. The railway infrastructure manager cooperates and associates with the railway infrastructure managers of the other EU member states in such a way as to enable the application of efficient pricing systems and to coordinate the pricing or to charge the fee for the operation of railway services circulating on several networks of the railway system within the Union. In particular, the infrastructure manager strives to ensure the optimal competitiveness of international rail services and to ensure the efficient use of rail networks. To this end, it puts in place appropriate procedures, in accordance with the rules set out in Directive 2012/34/EU of the European Parliament and the Council of 21 November 2012 establishing a single European railway space.
The infrastructure manager cooperates with the railway infrastructure managers of the other EU Member States for the effective implementation of the majorations referred to in Article 56 and the performance improvement systems referred to in Article 23, for traffic circulating on several networks of the railway system within the Union. "
Art. 58. In section 62 of the same Code, as amended by the Royal Decree of December 21, 2013, the following amendments are made:
1° in paragraph 3, the 1° shall be replaced by the following:
"1° controls the conformity of the network reference document, in its provisional and final versions, to this Rail Code and its enforcement orders; »;
2° in paragraph 3, the 5° is supplemented by the following sentence:
"The King may decide on the procedure and criteria to be met during this review; »;
3° in paragraph 3, the 9° shall be replaced by the following:
"9° controls access to services and their pricing in accordance with Article 9; »;
4° the 10° is replaced by the following:
"10° verifies that the exercise of the perpetual servitude referred to in Article 156quater, § 1erof the Act of 21 March 1991 on reform of certain economic public enterprises does not affect the right of access referred to in Article 9 of the Railway Code. "
5° Paragraph 3 is supplemented by a paragraph which reads as follows:
"Without prejudice to the competence of national competition authorities to ensure competition in the railway services market, the control body is empowered to monitor the competition situation in the railway services markets and, in particular, to control paragraph 1er, 1° to 10°, on its own initiative to prevent discrimination against candidates. In particular, it checks whether the network reference document contains discriminatory clauses or gives the infrastructure manager discretionary powers that may be used for discrimination against candidates. »;
6° in paragraph 4, paragraph 1er, is inserted the 3rd written as follows:
"3° within 10 business days, disputes relating to the performance improvement system, without prejudice to existing remedies, at the request of the infrastructure manager or a railway company. "
Paragraph 4 is supplemented by the following sentence:
"This regulation is also set out in the network reference document. »;
Paragraph 5 is replaced by the following:
Ҥ 5. As part of its administrative appeals missions, the control body may be seized on a written complaint, notified by registered mail, by any candidate, in particular to lodge an appeal against decisions taken by the infrastructure manager or, where appropriate, by the railway company or operator of a service facility, if it considers itself to be a victim of unfair treatment, discrimination or any other harm to:
1° the network reference document, in its provisional and final versions, or the criteria it contains;
2° the procedure for the distribution of infrastructure capacities and its results and the obligations arising therefrom;
3° the pricing system, including the performance improvement system referred to in section 23, paragraph 3, the level or structure of the railway infrastructure user fees and the obligations arising therefrom;
4° the provisions for access to railway infrastructure referred to in Articles 5, 6, 7, 1° and 3°, 8 and 9;
5° the provisions for access to service facilities referred to in Article 9;
6° the exercise of the perpetual servitude referred to in Article 156quater, § 1erthe Act of 21 March 1991 on reform of certain economic public enterprises.
The administrative remedy is not suspensive of the decision under appeal, unless the supervisory body decides otherwise at the request of the complainant party. "
Art. 59. In section 63 of the same Code, as amended by the Royal Decree of December 21, 2013, the following amendments are made:
Paragraph 3 is replaced by the following:
Ҥ3. In carrying out its administrative review and appeal missions, the control body shall take all necessary measures, including precautionary measures and administrative fines, to put an end to the offences relating to the network reference document, the allocation of capacity, the pricing of infrastructure and access provisions, in accordance with sections 64 and 65, including access to service facilities in accordance with section 9.
In the event that an appeal is filed against a refusal to grant capacity or against the terms and conditions of a capacity proposal, the control body is confirmed that there is no need to change the decision made by the infrastructure manager, or to amend the decision incriminated in accordance with its decision. ";
2° the article is supplemented by a paragraph 4, as follows:
“§4. The audit body is authorized to conduct audits or to conduct external audits with the infrastructure manager, service facilities operators and, where applicable, with railway companies to verify compliance with the accounting separation provisions set out in section 4. In this regard, the control body is empowered to request any useful information. In particular, it is empowered to request the infrastructure manager, service facilities operators and all companies or other entities that provide or integrate different types of railway or infrastructure management services, as referred to in Article 4, § 1er, and in section 9 all or part of the accounting information referred to in Appendix 26, with a sufficient degree of detail in respect of what is deemed necessary and proportionate.
Without prejudice to the powers of the national authorities in charge of State aid matters, the supervisory body may also take account of the conclusions regarding problems with regard to State aids, which it transmits to the said authorities. "
Art. 60. Section 64 of the same Code is amended to read:
1° paragraph 3 is repealed;
2° the article is supplemented by four paragraphs written as follows:
"The fine is recovered to the Treasury by the administration of the value added tax, registration and domains.
Every year at 1er January, these amounts are adapted to the health index according to the following formula: the base amount multiplied by the new index and divided by the starting index.
The new index is the November health index of the year before the year in which the amounts are adjusted in accordance with paragraph 4. The starting index is the health index of November 2013. The result obtained is rounded to the upper euro if the decimal part is greater than or equal to fifty cents. It is to the lower euro if this part is less than fifty cents.
The limitation period for the infliction of an administrative fine is three years from the date of commission of the facts. The right to receive the administrative fine is prescribed by two years from the last day the offender should have paid.
If the offender pays the administrative fine with delay, the amount is increased in full law with a minimum of five per cent of the amount of the administrative fine. "
Art. 61. In section 65 of the same Code, paragraph 1er is replaced by the following:
"The control body shall rule in the cases referred to in Article 63, § 3, after hearing the parties involved, within six weeks after receiving all the relevant information. The supervisory body deals with complaints and requests useful information and consults with all concerned parties within one month of receipt of the complaint. The King shall determine the procedure in the cases referred to in Article 63, § 3. "
Art. 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."
Art. 63. In section 3/1 inserted by section 62, an article 66/1 is inserted, as follows:
"Art. 66/1. The control body works closely with the security authority and the licensing authority.
These bodies jointly develop a framework for cooperation and information exchange aimed at preventing the adverse effects of competition or safety on the railway market. This framework includes, among other things, a mechanism that allows, on the one hand, the control body to make recommendations to the security authority and the licensing authority on aspects that may adversely affect competition in the railway market and, on the other, to the security authority to make recommendations to the control body and to the authority responsible for issuing licences on aspects that may compromise security. Without prejudice to the independence of each of these bodies in their own sphere of competence, the authorities concerned examine these recommendations before adopting their decisions. If the body concerned decides to deviate from these recommendations, it gives the reasons in its decisions. "
Art. 64. In the same section 3/1, an article 66/2 is inserted as follows:
"Art. 66/2. At regular intervals, and at least every two years, the inspection body consults with the representatives of the rail freight and passenger services to take into account their views on the railway market. "
Art. 65. In the same section 3/1, an article 66/3 is inserted, as follows:
"Art. 66/3. § 1er. The control body is empowered to request information that is relevant to the infrastructure manager, candidates and any other interested party.
This information is provided within a reasonable time frame, established by the control body, not exceeding one month, unless, in exceptional circumstances, the control body accepts and authorizes a limited extension not exceeding two weeks.
The information to be provided to the control body includes all data required by the control body as part of its competitive review and monitoring functions in the railway services markets. These include the data needed to compile statistics and observe the market.
§ 2. The fact, for the infrastructure manager, candidates or any other interested party, that they do not respond to the request for information made by the oversight body, within the time limit set by the oversight body, is an offence that may be punished with an administrative fine on a flat or daily basis.
The fine cannot be, per calendar day, less than 1,000 euros or more than 2,000 euros, nor in total, greater than 60,000 euros.
The fine is recovered to the Treasury by the administration of the value added tax, registration and domains.
Every year at 1er January, these amounts are adapted to the health index according to the following formula: the base amount multiplied by the new index and divided by the starting index.
The new index is the November health index of the year before the year in which the amounts are adjusted in accordance with paragraph 4. The starting index is the health index of November 2013. The result obtained is rounded to the upper euro if the decimal part is greater than or equal to fifty cents. It is to the lower euro if this part is less than fifty cents.
The limitation period for the infliction of an administrative fine is three years from the date of commission of the facts. The right to receive the administrative fine is prescribed by two years from the last day the offender should have paid.
If the offender pays the administrative fine with delay, the amount is increased in full law with a minimum of five per cent of the amount of the administrative fine. "
Art. 66. In the same section 3/1, an article 66/4 is inserted, as follows:
"Art. 66/4. § 1er. The monitoring body exchanges information with the supervisory bodies of the other EU Member States on its work and decision-making principles and practices, including on the main aspects of its procedures and on the problems of interpreting the transposed railway legislation of the Union. It cooperates with the oversight bodies of other EU Member States to coordinate decision-making processes. To this end, it participates and collaborates in a network bringing together the control bodies of the Member States.
§ 2. The oversight body works closely with the oversight bodies of other Member States, including by establishing modalities for collaboration for mutual assistance in the context of market surveillance and complaints or investigations.
§ 3. In the event of a complaint or investigation initiated on its own initiative on issues of access or pricing relating to an international link, as well as in the framework of market competition for international rail transport services, the supervisory body shall consult with the supervisory bodies of all other Member States through which the international link in question and, where appropriate, the European Commission, and shall request all necessary information before making a decision.
§ 4. If consulted by a control body of another Member State, it shall provide all the information that it has the right to request under this Code. This information may only be used for the purpose of processing the complaint or investigation referred to in paragraph 3.
§ 5. When the supervisory body receives a complaint or conducts an investigation on its own initiative, it shall transmit any relevant information to the responsible oversight body so that the supervisory body may take action with respect to the parties involved.
§ 6. Any representative of the associated infrastructure managers in accordance with Article 45 shall promptly provide any information necessary for the processing of the complaint or investigation referred to in paragraph 3, which has been requested by the control body of the Member State in which the associated representative is located. The control body is authorized to transmit this information on the international link to the control bodies referred to in paragraph 3.
§ 7. At the request of a monitoring body, the European Commission may take part in the activities listed in paragraphs 2 to 6 to facilitate the cooperation of the monitoring bodies referred to in those paragraphs.
§ 8. The oversight body develops common principles and practices with other oversight bodies for decisions they are empowered to make under this Act.
§ 9. The oversight body assesses the decisions and practices of infrastructure management associations referred to in sections 60/1 and 45, which implement the provisions of this Code or generally facilitate international rail transport. "
Art. 67. In article 70, § 6, of the same Code, in the Dutch text, the word "model" is replaced by the word "aanpast".
Art. 68. In section 93 of the same Code, subsection 5 is repealed.
Art. 69. In section 112 of the same Code, paragraph 1er is supplemented by the words "and Article 215".
Art. 70. In Article 168, § 1er, of the same Code, in the Dutch text, the words "toestemming voor" are replaced by the words "toelating tot".
Art. 71. In section 204 of the same Code, the words "the minister" are replaced by the words "administration".
Art. 72. In section 214, paragraph 1erin the Dutch text, the following amendments are made:
1° in 27°, the words "in overtreding van artikel 105" are replaced by the words ", in overtreding van artikel 105",
2° in the 28°, the words "an de in artikel 105 bedoelde NVR" are replaced by the words "aan het in artikel 105 bedoelde NVR";
3° in the 37°, the word "toegestaan" is replaced by the word "toegelaten".
Art. 73. In article 217 of the same Code, in the Dutch text, the following amendments are made:
1° in paragraph 4, the words "het misdrijf" are replaced by the words "inbreuk";
2° in paragraph 6, the word "opdracht" is replaced by the word "opdrachten".
Art. 74. In article 223 of the same Code, the words "the Council of Competition" are replaced by the words "the Belgian Authority of Competition".
Art. 75. In Appendix 1re the following amendments are made to the Code:
1° in point 2. (i) in the Dutch text, the word "heffingen" is replaced by the word "retributies";
2° in point 3. b) in the French text, the words "cars" are replaced by the words "passenger trains".
Art. 76. In Appendix 3, point 2, of the same Code, in the Dutch text, the words "wordt de Commissie geïnformeerd" are replaced by the words "de Commissie geïnformeerd wordt".
Art. 77. In Appendix 4, the following amendments are made:
1° to points 6.2. of the Appendix and 6.4. of the Appendix, in the Dutch text, the words "voor weggebruikers" are replaced by the words " voor gebruikers";
2° in point 1.17. of the 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, the words "hazardous signal crossing" are replaced by the words "hazardous signal crossing (SPAD)".
Art. 78. In Appendix 8, item 3.3., of the same Code, in the French text, the title is supplemented by the words "professionally".
Art. 79. In Annex 11, item 7, of the same Code, in the Dutch text, the word "om" is inserted between the words "t treffen" and the words "of trein".
Art. 80. In Annex 12, item 8, of the same Code, in the French text, the words "of the Commission of 30 May 2002" are inserted between the words "2002/734/EC" and the word ", amended".
Art. 81. In Appendix 16, the following amendments are made:
1° point 1.4.4. is replaced by the following:
" 1.4.4. The design and operation of the railway system shall not result in an unacceptable level of sound emissions generated by the railway system:
- in areas close to railway infrastructure, or
- in the cab. "
2° in point 1.5., in the Dutch text, the word "gelegd" is replaced by the word "gebracht";
3° in point 2.1.2, in the title of the French text, the word "(new)" is deleted;
4° in point 2.4.1., paragraph 10, in the Dutch text, the word "kunnen" is replaced by the word "kan".
Art. 82. In Appendix 17, item 2, paragraph 1er, of the same Code, in the Dutch text, the words "een aangemelde instantie" are replaced by the words "(een) aangemelde instantie(s)".
Art. 83. The following amendments are made in the same Code:
1° the word "netwerk" is replaced each time by the word "net";
2° the word "spoorwegnetwerk" is each time replaced by the word "spoorwegnet";
3° the word "netwerken" is replaced each time by the word "netn";
4° the word "spoorwegnetwerken" is each time replaced by the word "spoorwegnetten";
5° the word "tareringssystemen" is each time replaced by the word "heffingsregelingen";
6° the words "het tarifferingssysteem" are each time replaced by the words "heffingsregeling";
7° the words "het tarifferingsysteem" are replaced each time by the words "de heffingsregeling";
8° the words " beginselen voor rateering" are replaced each time by the word "heffingsbeginselen";
9° the words " beginselen voor de rateering" are each time replaced by the word "heffingsbeginselen";
10° the words "of specifieke tarifferingsvoorschriften" are each time replaced by the words "of specifieke heffingsvoorschriften";
11° the words "of tariffering van de infrastructuur" are each time replaced by the words "of heffing voor het gebruik van de infrastructuur";
12° the word "priceering" is replaced by the word "heffing".
Art. 84. In the same Code, Appendix 2 is replaced by Appendix 1re attached to this Act.
Art. 85. In the same Code, an annex is inserted in Annex 2 to this Act.
Art. 86. In the same Code, an annex 24 is included in annex 3 to this Act.
Art. 87. In the same Code, an annex 25 is inserted in annex 4 to this Act.
Art. 88. In the same Code, an annex 26 is included in annex 5 to this Act.
CHAPTER 3 - Entry into force
Art. 89. This Act comes into force on the tenth day following that of its publication in the Belgian Monitor, with the exception of Article 29 which comes into force on 16 June 2015.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 15 June 2015.
PHILIPPE
By the King:
Minister of Mobility,
Ms. J. GALANT

ANNEXES
Annex 1re to the Act of 15 June 2015 amending the Act of 30 August 2013 bearing the Railway Code
Annex 2 to the Act of 30 August 2013 concerning the Railway Code
Annex 2
REFERENCE DOCUMENT
The network reference document referred to in Article 21 contains the following information:
1. A chapter outlining the nature of the infrastructure that is made available to railway companies and the conditions for access to this infrastructure. It is ensured that the information in this chapter corresponds, on an annual basis, with the railway infrastructure records to be published in accordance with section 211, or refer to it.
2. A chapter on pricing principles and tariffs. This chapter contains appropriate details of the pricing system as well as sufficient information on royalties and other useful information on access to services listed in Appendix 1re which are offered by a single supplier. It describes in detail the methodology, rules and, where appropriate, the scales used to implement articles 23 and 49 to 60/1 with respect to costs and royalties. It contains, when available, information on the changes in royalties already decided or planned over the next five years.
3. A chapter on principles and criteria for capacity-sharing. This chapter outlines the major features of the infrastructure capacity available to railway companies and outlines any restrictions that limit their use, including the likely constraints imposed by the maintenance of the network. It also specifies procedures and deadlines for the allocation of capacity. It contains the specific criteria for this distribution, including:
(a) procedures for the introduction of capacity requests to the infrastructure manager by candidates;
(b) requirements to be met by candidates;
(c) deadlines for application and distribution procedures, procedures to be followed to request information on the programming and programming procedures of planned and unforeseen maintenance work;
(d) the principles governing the coordination process and the dispute resolution system made available in this process;
(e) the procedures to be followed and the criteria to be applied when the infrastructure is saturated;
(f) details of restrictions on the use of infrastructure;
(g) the rules for taking into account previous levels of capacity use to determine priorities in the distribution process.
This chapter outlines the measures taken to ensure adequate treatment of freight services, international services and requests submitted to the ad hoc procedure. It contains a form template for capacity requests. The infrastructure manager also publishes detailed information on the procedures for the allocation of international links.
4. A chapter containing information on the application for a licence referred to in Article 13 and on railway safety certificates issued in accordance with Directive 2004/49/EC or indicating a website where such information is made available free of charge in electronic form.
5. A chapter containing information on dispute resolution and appeal procedures for access to railway infrastructure and services and the performance improvement system referred to in section 23.
6. A chapter containing information on access to service facilities referred to in Appendix 1re and the pricing of their use. Operators of service facilities that are not under the control of the infrastructure manager provide information on the rates for access to the facility and the provision of services as well as information on the technical conditions of access, to be included in the network's reference document, or to indicate a website where this information is made available free of charge in electronic form.
7. A model agreement for the conclusion of framework agreements between an infrastructure manager and a candidate in accordance with section 24.
Seen to be annexed to the Act of 15 June 2015 amending the Act of 30 August 2013 concerning the Railway Code.

Annex 2 to the Act of 15 June 2015 amending the Act of 30 August 2013 bearing the Railway Code
Annex 23 to the Railway Code Act of 30 August 2013
Annex 23
LIST OF ELEMENTS OF FERROVIAR INFRASTRUCTURE
The railway infrastructure consists of the following elements, provided that they are part of the main roads and service lines, with the exception of those located within the repair workshops for equipment and depots or garages of traction gears, as well as special clutch:
- land;
- the body and platform of the track, including resembles, trenches, drains, gyres, masonate ditches, aqueducts, coating walls, talus protection plantations, etc.; passenger and freight docks, including passenger stations and cargo terminals; accotements and leads; fence walls, bright hedges, palissades; protective strips against fire, devices for the heating of track equipment; crossings, etc.; snow-wall screens;
- works of art: bridges, culverts and other upper passages, tunnels, covered trenches and other lower passages; support walls and protection works against avalanches, stone falls, etc.;
- crossings, including road traffic safety facilities;
- superstructure, including: rails, rails and rails; ties and lengths, small assembly equipment, ballast, including gravel and sand; lane apparatus, etc.; turning plates and trolleys (with the exception of those exclusively reserved for traction equipment);
- passenger and cargo courses, including road access and pedestrian access;
- safety, signalling and full-way telecommunications facilities, station and yards, including electrical power generation, processing and distribution facilities for signalling and telecommunications services; buildings assigned to such facilities; track brakes;
- lighting installations to ensure the movement of vehicles and the safety of such traffic;
- electrical current processing and transport facilities for train traction: substations, power lines between substations and contact wires, catenaries and supports; third rail with supports;
- buildings assigned to the infrastructure service, including part of the facilities for the recovery of transportation costs.
Seen to be annexed to the Act of 15 June 2015 amending the Act of 30 August 2013 concerning the Railway Code.

Annex 3 to the Act of 15 June 2015 amending the Act of 30 August 2013 concerning the Railway Code
Annex 24 to the Act of 30 August 2013 concerning the Railway Code
Annex 24
IMPLEMENTATION OF COUTS AND REDEVANCES IN REPORT WITH FERROVIAR INFRASTRUCTURE
1. Pairs of elements to be taken into account by infrastructure managers, when establishing a list of market segments to introduce majorations into the pricing system within the meaning of section 56, paragraph 1erare at least the following:
(a) passenger/cargo services;
(b) trains carrying dangerous goods/other freight trains;
(c) national services/international services;
(d) combined transport/direct trains;
(e) urban or regional passenger transport services/toll passenger transport services;
(f) full trains/trains of isolated cars;
(g) regular rail services/ occasional rail services.
2. The performance improvement system referred to in section 23 is based on the following basic principles:
(a) to achieve an agreed level of performance without compromising the economic viability of a service, the infrastructure manager shall, in agreement with the candidates, determine the key parameters of the performance improvement system, including the value of delays and the thresholds for payments due under the performance improvement system in relation to both individual train movements and all train movements of a railway undertaking during a given period of time;
(b) the infrastructure manager communicates to railways, at least five days before the train movement, the service schedule on which delays will be calculated. The infrastructure manager may, in the event of a force majeure or late modification of the service schedule, make this communication within a shorter period of time;
(c) all delays are classified in one of the following categories and subcategories:
1. management of the operation/planning of the infrastructure manager:
1.1. schedule establishment;
1.2. train training;
1.3. errors in the operating procedure;
1.4. incorrect application of priority rules;
1.5. personnel;
1.6. Other causes;
2. infrastructure facilities under the Infrastructure Manager:
2.1. signalling installations;
2.2. level crossing signalling facilities;
2.3. telecommunications facilities;
2.4. power supply equipment;
2.5. track;
2.6. structures;
2.7. personnel;
2.8. Other causes;
3. Civil engineering problems attributable to the infrastructure manager:
3.1. construction planned;
3.2. irregularities in the execution of construction work;
3.3. speed limitation due to a faulty track;
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 company:
5.1. excessive stopping time;
5.2. application by the railway company;
5.3. loading operations;
5.4. irregularities in loading;
5.5. commercial train preparation;
5.6. personnel;
5.7. Other causes;
6. rolling stock under the responsibility of the railway company:
6.1. establishment/modification of the service table;
6.2. train training by the railway company;
6.3. Car problems (traveller transport);
6.4. Car problems (transport of goods);
6.5. Vehicle, locomotive and self-propelled problems;
6.6. personnel;
6.7. Other causes;
7. causes attributable to other railway companies:
7.1. causes attributable to the following railway undertaking;
7.2. causes attributable to the previous railway company;
8. external causes that are not attributable to the infrastructure manager or to the railway company:
8.1. strike;
8.2. administrative formalities;
8.3. external influence;
8.4. effects of weather conditions and natural causes;
8.5. delay due to external causes affecting the next network;
8.6. Other causes;
9. secondary causes that are not attributable to the infrastructure manager or to the railway company:
9.1. hazards, accidents and dangerous incidents;
9.2. occupancy of track due to train delay;
9.3. track occupation due to the delay of another train;
9.4. rotation;
9.5. correspondence;
9.6. to be determined after investigation;
(d) to the extent possible, the delay is attributed to a single organization, taking into account both the liability for the disruption caused and the ability to restore normal traffic conditions;
(e) the calculation of payments takes into account the average delay in railway services subject to similar punctuality requirements;
(f) the infrastructure manager shall, as soon as possible, communicate to railway companies a calculation of the payments due under the performance improvement system. This calculation includes all train movements that have been delayed for a maximum period of one month;
(g) once a year, the infrastructure manager publishes the annual average level of performance that railways have achieved against the main parameters set out in the performance improvement system.
Seen to be annexed to the Act of 15 June 2015 amending the Act of 30 August 2013 concerning the Railway Code.

Annex 4 to the Act of 15 June 2015 amending the Act of 30 August 2013 bearing the Railway Code
Annex 25 to the Railway Code Act of 30 August 2013
Annex 25
BASIC PRINCIPLES AND PARAMETERS OF CONTRACTS INSTRUCTURE
The contract specifies the provisions of section 47, paragraph 3, and includes at least the following:
1) the scope of the contract with respect to infrastructure and service facilities, in accordance with the structure set out in Appendix 1re. This includes all aspects of infrastructure management, including the maintenance and renewal of infrastructure elements already in service. Where appropriate, the construction of new infrastructure may also be mentioned;
(2) the structure of payments or funds allocated to the various infrastructure services listed in Appendix 1re, the maintenance and renewal and the resorption of existing maintenance and renewal arrears. Where applicable, the structure of payments or funds allocated to a new infrastructure may be mentioned;
3) the user-oriented performance objectives, in the form of indicators and quality criteria covering elements such as:
(a) train performance, for example in terms of speed and reliability, and customer satisfaction;
(b) network capacity;
(c) Asset management;
(d) the volume of activities;
(e) security levels; and
(f) environmental protection;
(4) the volume of possible maintenance arrears and assets that will be removed from service and, consequently, will generate different financial flows;
(5) the incentive measures referred to in section 47, paragraph 2;
(6) the minimum reporting obligations to the infrastructure manager with respect to the content and frequency of reporting, including information to be published annually;
(7) the agreed duration of the contract, which is synchronized and compatible with the duration of the business plan, concession or license of the infrastructure manager, if any, and the framework and pricing rules established by the State;
(8) the rules applicable in the event of significant disruption of activities or in emergency situations, including emergency plans and early termination of the contract, as well as information rules in time and time of users;
(9) the repair measures to be taken if one of the parties fails to comply with its contractual obligations; or where exceptional circumstances affect the availability of public funding; This includes defining the conditions and procedures for renegotiation and early termination.
Seen to be annexed to the Act of 15 June 2015 amending the Act of 30 August 2013 concerning the Railway Code.

Annex 5 to the Act of 15 June 2015 amending the Act of 30 August 2013 bearing the Railway Code
Annex 26 to the Act of 30 August 2013 concerning the Railway Code
Annex 26
COMPTABLE INFORMATION TO BE CONTROL ORGANIZED
1. Separation of accounts:
(a) separate write-offs and balance sheets for freight, passenger transportation and infrastructure management activities;
(b) detailed information on each source and use of public funds and other forms of compensation, presented in a transparent and precise manner, including a detailed analysis of the cash flow of enterprises to determine how these public funds and other forms of compensation were used;
(c) categories of costs and profits to determine whether cross-subsidies have been made between these activities, in accordance with the requirements of the control body;
(d) the method used to ventilate costs between different activities;
e) where the regulated company belongs to a group, complete information on inter-company payments.
2. Follow-up of access fees:
(a) the different cost categories, including sufficient information on the marginal/direct costs of the various services or service groups to enable the monitoring of infrastructure user fees;
(b) sufficient information to monitor individual fees paid for services (or service groups); at the request of the control agency, this information includes data on the volumes of individual services, the prices of individual services and the total revenues for individual and external customer services;
(c) the costs and revenues for each service (or service group), established using the appropriate costing method, as defined by the control agency, to be able to detect the possible existence of an anti-competitive pricing (cross subsidies, eviction practices and excessive rates).
3. Financial performance indication:
(a) Financial performance;
(b) a summary statement of expenditures;
(c) a statement of maintenance expenses;
(d) a statement of operating expenses;
(e) an outcome account;
f) accompanying notes developing and explaining this information, if applicable.
Seen to be annexed to the Act of 15 June 2015 amending the Act of 30 August 2013 concerning the Railway Code.