An Act To Amend The Royal Decree Of 21 June 2004 Granting The Licence To Operate From Brussels-National Airport Company Biac (1)

Original Language Title: Loi modifiant l'arrêté royal du 21 juin 2004 octroyant la licence d'exploitation de l'aéroport de Bruxelles-National à la société anonyme BIAC (1)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
belgiquelex.be - Carrefour Bank of Legislation

13 FEBRUARY 2015. - An Act to amend the Royal Decree of June 21, 2004 granting the operating licence of the Brussels-National airport to the anonymous company BIAC (1)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
Article 1er. This Act regulates a matter referred to in Article 74 of the Constitution.
Art. 2. Section 52 of the Royal Decree of 21 June 2004 granting the operating licence for the Brussels-National airport, as amended by the Royal Decree of 12 May 2011, is replaced by the following:
"Art. 52. § 1er. The licensee shall initiate the multi-year consultation of users no later than fourteen months and fourteen days before the commencement of the regulatory period or fourteen months and fourteen days before the effective date of the revision pursuant to section 45, by disseminating the information documents referred to in section 53 and summoning all participants to the consultations.
§ 2. Consultations on tariffs for regulated activities end no later than ten months and fourteen days before the commencement of the regulatory period on which the consultation is conducted or ten months and fourteen days before the effective date of the revision under section 45.
§ 3. No later than seven days after the end of the consultations referred to in § 2, users are informed of the final tariff control formula and the tariff system. In the same period, the licensee of the operating licence shall publish the final rate control formula and the tariff system under its terms and conditions of use.
§ 4. If the economic regulation authority requires modifications of the tariff control formula pursuant to Article 34, § 3 of the Royal Decree of 27 May 2004 relating to the transformation of Brussels International Airport Company (B.I.A.C.) into an anonymous company of private law and to airport facilities or of the tariff system pursuant to Article 35, § 2 of the Royal Decree of 27 May 2004 concerning the transformation of Brussels International Airport Company
§ 5. All airlines operating at the Brussels-National airport receive notification of the revision or introduction of new rates no later than three months before their introduction, in particular in order to allow the adaptation of booking systems. "
Art. 3. In article 53bis of the same order, inserted by the Royal Decree of 12 May 2011, the following amendments are made:
Paragraph 2 is replaced by the following:
"§2. In the case where the annual consultation deals with the elements as described in Article 53bis, § 1er, paragraph 2, (a), the licensee may make a proposal to amend the tariff control formula. There is an agreement on the amendment proposed by the licensee if there is no disagreement between the parties involved in the consultation, as referred to in Article 55, § 1er.
If a disagreement is found, Article 55, § 4, (b), (c) or (d) applies. ";
2° Paragraph 3 is replaced by the following:
§ 3. In the case where the annual consultation deals with the elements as described in Article 53bis, § 1er, paragraph 2, (b), the licensee may make a proposal to amend the tariffs and/or the tariff system. There is an agreement on the amendment proposed by the licensee if there is no disagreement between the parties involved in the consultation as referred to in section 55.
If a disagreement is found, section 55, § 4, (b), (c) or (d) applies.".
Art. 4. In section 55 of the same order, as amended by the Royal Decree of 12 May 2011, the following amendments are made:
1° paragraph 1er is replaced by the following:
§ 1er. There is agreement on the tariff control formula and the tariff system and on their annual evolution when the economic regulation authority has not received, within the period mentioned in § 3, notification of a justified disagreement, issued by at least one user of the airport, regardless of the participation of that user in the consultation referred to in section 52, § 1er"
2° in paragraph 2, item (b) is replaced by the following:
"(b) The provisions of this Order or the Royal Decree of 27 May 2004 relating to the transformation of Brussels International Airport Company (B.I.A.C.) into an anonymous company of private law and airport facilities were not respected. ";
Paragraph 3 is replaced by the following:
§ 3. If a user of the Brussels-National Airport refuses the final rate control formula or the tariff system proposed by the owner of the operating licence, the user shall, within thirty days after the notice of the final rate control formula or tariff system by the licensee to the users, by registered mail with acknowledgement of receipt, to the economic regulatory authority, request a reasoned request. This request contains, as a matter of nullity, the object and exhaustive list of the means invoked by the user in support of his refusal.
The economic regulation authority shall notify, within seven days, the request to the licensee of the operating licence that, within thirty days, may make its comments on the request by registered mail with acknowledgement of receipt.
The economic regulation authority is obliged to consult the parties concerned before making a decision. In particular, it allows each party to consider the arguments of the other parties.
The economic regulation authority shall make a final decision on the means invoked by the user as soon as possible and, in any event, within four months of receipt of the request. This period may be extended by two months in exceptional and duly justified cases. The economic regulation authority shall, no later than four weeks after the receipt of the application, make a preliminary decision on the entry into force of the amendment of the airport royalties, unless the final decision cannot be taken within the same time limit.".
Art. 5. This Act applies to any ongoing procedure for the establishment of the tariff formula and tariff system or their amendments for the 2016-2021 regulatory period.
Art. 6. This Act produces its effects on 1er January 2015.
Promulgons this law, let us order it to be put on the seal of the State and published by the Belgian Monitor.
Given in Brussels on 13 February 2015.
PHILIPPE
By the King:
Minister of Mobility,
Ms. J. GALANT
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Note
(1) Session 2014-2015
House of Representatives
Documents. - No. 54-732/4