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13 FEBRUARY 2015. - An Act to amend 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

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
Article 1^er. This Act regulates a matter referred to in Article 74 of the Constitution.
Art. 2. Article 1^er of the Royal Decree of 27 May 2004 on the Transformation of Brussels International Airport Company (B.I.A.C.) into an anonymous company of private law and airport facilities, as amended by the Royal Decree of 12 May 2011 and the Law of 15 May 2014, is supplemented by an 21st written as follows:
"21° regulation period: regulation period as referred to in Article 1^er23°, of the Royal Decree of 21 June 2004 granting the operating license of the Brussels-National airport.".
Art. 3. In section 34 of the same order, as amended by the Royal Decree of 12 May 2011, the following amendments are made:
Paragraph 3 is replaced by the following:
§ 3. The formula referred to in Article 30, 7°, and any modification of this formula shall be subject to the review of the economic regulatory authority, unless there is an agreement between the licensee of the operating licence and the users of the Brussels-National airport, on the formula proposed by the licensee of the operating licence referred to in Article 30, 7°, or on any modification of that formula.
There is an agreement on the rate control formula referred to in Article 30, 7°, or any modification of this formula if there is no disagreement between the licensee and the users of the Brussels-National airport as referred to in Article 55 of the Royal Decree of 21 June 2004 granting the operating licence of the Brussels-National airport.
In the absence of an agreement by users of the Brussels-National airport, the economic regulatory authority may require modifications or modifications to the formula referred to in Article 30, 7°, in order to limit the evolution of revenues that the licensee of the operating licence may collect per traffic unit for regulated activities, if the formula:
1° constitutes an offence to the provisions of this order or the operating licence including the procedures provided for by that operating licence in accordance with § 2;
2° constitutes an offence to the mandatory provisions arising out of international treaties or international acts under such treaties, which concern the operation of airport facilities;
3° is likely to prevent the licensee from reaching the quality levels that the economic regulatory authority defines by referring to the practices observed in reference airports;
4° makes it impossible to guarantee the long-term operational viability of airport facilities. ";
2° Paragraph 5 is replaced by the following:
§ 5. Any modification of the formula referred to in Article 30, 7°, required by the economic regulation authority pursuant to § 3, is obligatory from the beginning of the regulatory period or from the date of entry into force of the revision applied under Article 45 of the Royal Decree of 21 June 2004 granting the operating license of the Brussels-National airport.
The economic regulation authority shall notify the licensee of the operating licence no later than three months and seven days before the commencement of the regulatory period or three months and seven days before the effective date of the revision pursuant to section 45 of the Royal Decree of 21 June 2004 granting the operating licence of the Brussels-National Airport. The economic regulation authority also publishes its decision to the Belgian Monitor. ";
3° Paragraph 6 is repealed;
Paragraph 7 is repealed.
Art. 4. In section 35 of the same order, as amended by the Royal Decree of 12 May 2011, the following amendments are made:
Paragraph 2 is replaced by the following:
"§2. The tariff system and any changes to the tariff system shall be subject to the review of the economic regulatory authority, unless there is an agreement between the licensee of the operating licence and the users of the Brussels-National airport, the tariff system proposed by the licensee of the licence or any changes to that system.
There is an agreement on the rate system proposed by the licensee or any proposed changes to the tariff system if there is no disagreement between the licensee and the users of the Brussels-National airport as referred to in Article 55 of the Royal Decree of 21 June 2004 granting the operating licence of the Brussels-National airport.
If the Brussels-National airport users do not agree, the economic regulation authority may require modifications or changes to the tariff system if the economic regulation authority finds that the tariff system:
1° does not respect the formula established in accordance with Article 30, 7°, or Article 34, § 3;
2° is discriminatory and is not transparent;
3° is not sufficiently divided, especially depending on the conditions and terms of use of airport facilities and the services provided;
4° does not provide that a minimum percentage of airport charges is collected on the basis of a growth formula based on the weight expressed in tonnes and the noise categories of aircraft and a coefficient of variation between day and night;
5° is an offence under the provisions of this order or the operating licence. ";
2° Paragraph 4 is replaced by the following:
§ 4. Any modification of the tariff system required by the economic regulation authority under § 2 is obligatory from the beginning of the regulatory period or from the effective date of the revision applied under Article 45 of the Royal Decree of 21 June 2004 granting the operating licence of the Brussels-National airport.
The economic regulation authority shall notify the licensee of the operating licence no later than three months and seven days before the commencement of the regulatory period or three months and seven days before the effective date of the revision pursuant to section 45 of the Royal Decree of 21 June 2004 granting the operating licence of the Brussels-National Airport. The economic regulation authority also publishes its decision in the Belgian Monitor. ";
Paragraph 5 is repealed;
Paragraph 6 is repealed.
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 1^er 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
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Note
(1) Session 2014-2015
House of Representatives
Documents. - No. 54-725/4