An Act To Amend 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

Original Language Title: Loi modifiant l'arrêté royal du 27 mai 2004 relatif à la transformation de Brussels International Airport Company (B.I.A.C.) en société anonyme de droit privé et aux installations aéroportuaires

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2015014131&caller=list&article_lang=F&row_id=300&numero=367&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: 2015014131 SERVICE PUBLIC FEDERAL mobility and transport 13 February 2015. -Act to amend 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 PHILIPPE, King of the Belgians, to all, present and to come, 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 1 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 airport facilities, as amended by the royal decree of 12 May 2011 and the law of 15 may 2014, is complemented by a 21 ° as follows: "21 ° regulation period: period of regulation as referred to in article 1, 23 °, of the royal decree of 21 June 2004 granting the licence to operate from Brussels-National Airport.".
S.
3. at article 34 of the same Decree, as amended by the royal decree of May 12, 2011, the following changes are made: 1 ° paragraph 3 is replaced by the following: "§ § 3 3" The formula referred to in article 30, 7 °, and any change in this formula are subject to examination of the authority of economic regulation, unless there is an agreement between the holder of the licence to operate and the users of the airport of Brussels, on the formula proposed by the holder of the licence referred to in article 30, 7 °, or on any changes to this formula.
There is an agreement on the formula for tariff control referred to in article 30, 7 °, or on any changes to this form if there is no disagreement between the holder and the users of Brussels-National Airport, as referred to in article 55 of the royal decree of 21 June 2004 granting the licence to operate from Brussels-National Airport.
Failing agreement of Brussels-National airport users, the economic regulatory authority may require adaptations or modifications of the formula referred to in article 30, 7 °, in order to limit the evolution of the revenue that the holder of the licence may levy per unit of traffic for the regulated activities, if the formula: 1 ° is a violation of the provisions of this order or the licence to operate including the procedures laid down by this licensing in accordance with § 2;
2 ° constitutes an offence to the mandatory provisions arising from international treaties or international acts made under such treaties and which concern the operation of airport facilities;
3 ° is likely to prevent the holder of the licence to operate to achieve the quality levels that the economic regulatory authority sets referring to the practices observed in the airports of reference;
4 ° makes it impossible to ensure the operational sustainability of airport installations. ";
2 ° paragraph 5 is replaced by the following;
" § 5. Any modification to the formula referred to in article 30, 7 °, required by the authorities of economic regulation in accordance with § 3, is mandatory at the beginning of the period of regulation 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 licence to operate from Brussels-National Airport.
The economic regulatory authority notify its decision to the holder of the licence at the latest three months and seven days before the start of the period of control or three months and seven days before the date of entry into force of the revision applied under article 45 of the royal decree of 21 June 2004 granting the licence to operate from Brussels-National Airport. The economic regulatory authority also publishes its decision in the Moniteur belge. ";
3 ° paragraph 6 is repealed;
4 ° paragraph 7 is hereby repealed.
S. 4. at article 35 of the same Decree, as amended by the royal decree of May 12, 2011, the following changes are made: 1 °, paragraph 2 is replaced by the following: "§ § 2 2" The tariff system and any change in the tariff system is subject to the consideration of the economic regulatory authority, unless there is an agreement between the holder of the licence to operate and users of Brussels-National Airport, on the tariff system proposed by the licensee or any change in this system.
There is an agreement on the tariff system proposed by the licensee, or any proposed change in the tariff system if there is no disagreement between the holder and the users of Brussels-National Airport, as referred to in article 55 of the royal decree of 21 June 2004 granting the licence to operate from Brussels-National Airport.
Failing agreement of Brussels-National airport users, the economic regulatory authority may require adaptations or amendments to the tariff system if the authority of economic regulation notes that the tariff system: 1 ° fails to comply with the formula established pursuant to section 30, 7 °, or article 34, § 3;
2 ° is discriminatory and is not transparent;
3 ° is not sufficiently split, in particular on the basis of the conditions and detailed rules for the use of airport facilities and services;
4 ° does not provide that a minimum percentage of airport charges levied on the basis of a formula of growth based on the weight in tonnes and categories of noise of aircraft and a coefficient of variation between day and night;
5 ° is an offence under the provisions of this order or operating licence. ";
2 ° paragraph 4 is replaced by the following: "§ § 4 4" Any change in the tariff system required by the authority of economic regulation in accordance with § 2 is mandatory at the beginning of the period of regulation 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 licence to operate from Brussels-National Airport.
The economic regulatory authority notify its decision to the holder of the licence at the latest three months and seven days before the start of the period of control or three months and seven days before the date of entry into force of the revision applied under article 45 of the royal decree of 21 June 2004 granting the licence to operate from Brussels-National Airport.
The economic regulatory authority also publishes its decision in the Belgian Moniteur. ";
3 ° paragraph 5 is repealed;
4 ° paragraph 6 is repealed.
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 ° 54-725/4