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)

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2015014130&caller=list&article_lang=F&row_id=300&numero=366&pub_date=2015-04-10&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2015-04-10 Numac: 2015014130 SERVICE PUBLIC FEDERAL mobility and transport 13 February 2015. -Act to amend the royal decree of 21 June 2004 granting the licence to operate from Brussels-National Airport company BIAC (1) PHILIPPE, King of the Belgians, to all, present and future, hi.
The House of representatives has adopted and we sanction the following: Article 1. This Act regulates a matter referred to in article 74 of the Constitution.
S. 2. article 52 of the royal decree of 21 June 2004 granting the operating licence from Brussels-National Airport, amended by the royal decree of 12 May 2011, is replaced by the following: 'article 52 § 1. Holder initiates the multi-year consultation of users no later than fourteen months and fourteen days before the beginning of the period, regulation or fourteen months and fourteen days before the date of entry into force of the applied under article 45 in disseminating the information documents referred to in article 53 and summoning all the participants in the consultations.
§ 2. Consultations on tariffs of regulated activities terminate no later than 10 months and fourteen days before the beginning of the period of regulation consultation or ten months and fourteen days before the date of entry into force of the revision applied under article 45.
§ 3. No later than seven days after the end of the consultations referred to in § 2, users are informed of the formula and final tariff control the tariff system. Within this same period, the holder of the licence to operate publishes the definitive formula of tariff control and the tariff system under its conditions of use.
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4. If the economic regulatory authority requires changes to the formula for rate control in application of article 34, § 3 of the royal decree of 27 May 2004 on the transformation of Brussels International Airport Company (B.I.A.C.) into a limited company under private law and airport facilities or the tariff system in accordance with article 35, paragraph 2 of the royal decree of 27 May 2004 on the transformation of Brussels International Airport Company (B.I.A.C.) in Société anonyme de droit privé and facilities airport, the holder of the licence to operate publishes the modifications required for the control formula tariff or tariff system in its terms of use at the latest three months before the beginning of the period of regulation or three months before the date of entry into force of the revision applied under article 45.
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5. All airlines operating at Brussels-National Airport receive notification of revision or introduction of new rates no later than three months prior to their introduction, especially to enable the adaptation of reservation systems."
S. 3. at article 53A of the same order, inserted by the royal decree of May 12, 2011, the following changes are made: 1 °, paragraph 2 is replaced by the following: "§ § 2 2" Dans_le_cas_ou annual consultation deals with the elements as described in article 53A, § 1, paragraph 2), the holder may submit a proposal for amendment of the formula for rate control.
There is an agreement on the amendment proposed by the holder if there is no disagreement between the parties involved in the dialogue, as referred to in article 55 § 1.
If a disagreement is found, article 55, § 4, b), c) or (d)) shall apply. ";
2 ° paragraph 3 is replaced by the following: "§ § 3 3" Dans_le_cas_ou annual consultation deals with the elements as described in article 53A, § 1, paragraph 2, b), the licensee may submit a proposal for modification of tariffs and/or tariff system. There is an agreement on the amendment proposed by the holder if there is no disagreement between the parties involved in the dialogue, as referred to in article 55.
If a disagreement is found, article 55, § 4, b), c) or (d)) shall apply. "."
S. 4. at article 55 of the same Decree, as amended by the royal decree of May 12, 2011, the following changes are made: 1 ° 1st paragraph is replaced by the following: "§ 1." There is agreement on the formula for rate control and the tariff system and their annual evolution when the economic regulatory authority has not received, within the time limit referred to in § 3, notification of disagreement justified, by at least a user of the airport, regardless of the participation of this user to the consultation referred to in article 52, § 1. ";
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 on the transformation of Brussels International Airport Company (B.I.A.C.) in Société anonyme de droit privé and airport facilities have not been met. ";
3 ° paragraph 3 is replaced by the following: "§ § 3 3" If a user of Brussels-National Airport refuses the definitive tariff control formula or the tariff system proposed by the holder of the licence to operate, user address, within 30 days following the notification of the definitive formula of control tariff or tariff by the holder to the users system, by sending recommended with acknowledgement of receipt, to the economic regulatory authority a reasoned request. This query contains, on pain of nullity, the object and the exhaustive enumeration of the grounds relied on by the user in support of his refusal.
The economic regulatory authority shall, within seven days, the request notify the holder of the licence which, within thirty days, can argue his remarks on the request by sending recommended with acknowledgement of receipt.
The economic regulatory authority is obliged to consult stakeholders before making a decision. It enables each party to review the arguments of other parties.
The economic regulatory authority makes a final decision on the grounds invoked by the user as soon as possible and, in any case, within four months of receipt of the request. This period may be extended by two months in exceptional and duly justified cases. The economic regulatory authority shall, no later than within four weeks of receipt of the request a provisional decision on the entry into force of the amendment of airport charges, unless that final decision cannot be taken within the same period. "."
S. 5. this Act is applicable to any current procedure aimed at establishing the tariff formula and the tariff system or their amendments to the regulation period 2016-2021.
S. 6. this Act has effect 1 January 2015.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, February 13, 2015.
PHILIPPE by the King: the Minister of mobility, Ms. J. GALANT sealed with the seal of the State: the Minister of Justice, K. GARG _ Note (1) Session 2014 - 2015 House of representatives Documents. -n ° 54-732/4