Act Provisions Concerning Mobility (1)

Original Language Title: Loi portant des dispositions concernant la mobilité (1)

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014014297&caller=list&article_lang=F&row_id=600&numero=653&pub_date=2014-07-08&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-07-08 Numac: 2014014297 FEDERAL PUBLIC SERVICE mobility and transport may 15, 2014. -Law concerning provisions for mobility (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Available general Article 1.
This Act regulates a matter referred to in article 78 of the Constitution Chapter 2. -Transport rail Section 1st. -Amendment of the Act of 27 December 2012 on the various urgent provisions art. 2. in article 20 of the Act of 27 December 2012 on various urgent provisions, the enumeration is completed by the following words:-1 January 2014 to 31 March 2014;
-from April 1, 2014 to June 30, 2014;
-from July 1, 2014 to September 30, 2014;
-from 1 October 2014 to 31 December 2014. "."
Section 2. -Modification of the programme act of 22 December 2008 and the royal decree of 15 July 2009 on the promotion of combined transport railway units of intermodal transport for the period 2009-2012, for the continuation of financial support to combined transport train of intermodal transport units art. 3. in article 24 of the programme act of 22 December 2008, the words "and ceases to be in force on 30 June 2013" shall be replaced by the words "and ceases to be in force on December 31, 2014".
S. 4. in article 3, paragraph 4, of the royal decree of 15 July 2009 relating to the promotion of rail combined transport of units of intermodal transport for the period 2009-2012, the words "and for the year 2014" shall be inserted between the words "of the year 2013", and the words "the grant".
S. 5A article 8 of the same order, the following changes are made: 1. the words "described in chapters II, III and IV until June 30, 2012 incl." are replaced by the words "described in chapters II and III until 31 January 2015 included.";
2. the single paragraph is supplemented by a paragraph worded as follows: "operators can file at any time an application file to a relative one subsidy measures described in chapter IV until 30 June 2012 included.".
S. 6. in article 22 of the arrested, the words "for carriage" are inserted between the words "be taken" and the words "until 30 June 2013" and unique section is supplemented by the words "and between 1 January 2014 to 31 December 2014 included".
CHAPTER 3. -Transport air single Section.
-Modification 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 arts.
7. article 1 of the royal decree of 27 May 2004 on the transformation of Brussels International Airport Company (B.I.A.C.) into a Société anonyme under private law and airport facilities, as amended by the royal decree of 12 May 2011, is complemented by the 18 °, 19 ° and 20 ° written as follows: "18 ° control: control within the meaning of article 5 of the Code of corporations" , on the understanding that any investment fund or any similar organization that is managed by an investment firm is regarded as being under the control of the investment firm;
19 five-year development plan °: the plan referred to in article 18 of the royal decree of 21 June 2004 granting the licence to operate from Brussels-National Airport;
20 ° days: all days of the week where banks are usually open in Belgium, with the exception of Saturdays, Sundays and legal holidays. "."
S. 8A article 29 of the same order, the following changes are made: 1 ° paragraph 1, paragraph 2, shall be supplemented by the words 'with acknowledgement of receipt.';
2 ° paragraph 1, is supplemented by a paragraph worded as follows: "the application referred to in paragraph 1 is alleged have been introduced on the date shown on the acknowledgement of receipt.";
3 °, paragraph 2 is replaced by the following: "§ § 2 2" Within ten working days as of the submission of the application referred to in paragraph 1, the authority of economic regulation acknowledge receipt of the request by registered letter and inform the Minister.
Within thirty working days as of the submission of the application referred to in paragraph 1, the applicant by registered letter informed economic regulatory authority that: 1 ° the request is complete. or 2 ° the request is incomplete and invites the applicant to submit all information, explanations or all missing documents it considers relevant for the examination of the application.
If the economic regulatory authority does not send the registered letter referred to in paragraph 2, the application is presumed to be complete on the date of submission of the application referred to in paragraph 1.
Within ten working days from the date of receipt of the registered letter referred to in paragraph 2, 2 °, the applicant provides the information, documents or explanations requested. These additional data are sent to the authority of economic regulation by registered letter.
If, at the end of the period prescribed by paragraph 4, the applicant remains in default to provide the information, documents or explanations requested, the applicant must submit a new application. ";
4 °, paragraph 3 is replaced by the following: "§ § 3 3" Within twenty days from the introduction of a complete application, the economic regulatory authority transmits, by registered letter to the Minister or his delegate, a proposal for the granting of operating licence or a proposal to refuse together with the folder y matter. The economic regulatory authority addressed to the applicant, by registered mail, the day where the file is forwarded to the Minister, copy of the proposal transmitted to the Minister.
The operating licence shall be granted by royal decree deliberated in the Council of Ministers. This royal decree can impose special conditions which are, however, limited to ensure compliance by the licensee with the provisions of sections II and III of chapter IV of this order.
The royal decree is published by extract, in the Moniteur belge.
The granting of the licence to operate is notified to the applicant by registered letter, by the economic regulatory authority within a period of sixty days from the date to which the proposal of the economic regulatory authority was sent to the Minister.
If, following a decision of the Council of Ministers of refusal to grant of the licence to operate, the operating licence shall not be granted, the economic regulatory authority informs the applicant by registered mail within sixty days from the date to which the proposal of the economic regulatory authority was sent to the Minister. "."
S. 9A article 47 of the same order, the following changes are made: 1 ° 1st paragraph:-paragraph 2 is supplemented by the words "with proof of receipt. The application referred to in paragraph 1erest alleged have been introduced on the date shown on the acknowledgement of receipt. ";
-paragraph is supplemented by a paragraph as follows: "the application establishes that after the proposed transaction, the site licence holder meets the following criteria: 1 ° the criteria referred to in article 27, 1 ° to 3 ° to 8 °, if the renewal application is introduced prior to any transaction that results in a change of control;"
2 ° the criteria referred to in article 27, if the application for renewal is made for a merger, Division or any other similar operation at such merger or demerger or transfer of the licence to operate either by input or by transfer of universality or branch of activity. ";
3 ° paragraphs 2 and 3 are replaced by the following: "§ § 2 2" Within ten working days as of the submission of the application referred to in paragraph 1, the authority of economic regulation acknowledge receipt of the request by registered letter and inform the Minister.
Within thirty working days as of the submission of the application referred to in paragraph 1, the applicant by registered letter informed economic regulatory authority that: 1. the application is complete; or, 2.
the application is incomplete and invites the applicant to submit all information, explanations or all missing documents it considers relevant for the examination of the application.
If the economic regulatory authority does not send the registered letter referred to in paragraph 2, the application is presumed to be complete on the date of submission of the application referred to in paragraph 1.
The applicant has a period of 10 working days from the date of receipt of the registered letter the economic regulatory authority informing him of the incomplete nature of his request to provide any information, documents or explanations requested. These additional data are sent to the authority of economic regulation by registered letter.
If, at the end of the period prescribed by paragraph 4, the applicant remain in failure to provide the information, documents or explanations requested, the applicant must submit a new application.
§ 3. Within twenty days from the introduction of a complete application, the economic regulatory authority shall send, by registered letter, to the Minister or his delegate, a proposal on renewal of the licence to operate together with the folder y matter. The economic regulatory authority addressed to the applicant, by registered mail, the day where the file is forwarded to the Minister, copy of the proposal transmitted to the Minister.
The renewal of the operating licence is granted

by royal decree deliberated in the Council of Ministers. This royal decree is published by extract, in the Moniteur belge.
The granting of the operating licence shall be communicated to the applicant by registered letter, by the authority of economic regulation within a period of ninety days from the introduction of a complete application if, following a decision of the Council of Ministers of refusal of renewal of the operating licence, operating licence is not renewed, the economic regulatory authority shall inform the applicant by letter recommended, within a period of ninety days from the introduction of a complete application.
If no decision is taken by the Council of Ministers within a period of ninety days from the introduction of a complete application, the operating licence is automatically renewed upon expiry of this period of ninety days. The automatic renewal of the operating licence is confirmed by a decision taken by the economic regulator at the expiration of the period of ninety days supra. Within ten working days from the date of the decision confirming the automatic renewal of the operating licence, the economic regulatory authority shall notify this decision to the applicant by registered letter, and publishes it, by extract, in the Moniteur belge.
If the King decides not to renew the operating licence or it is automatically renewed pursuant to paragraph (5), the operating licence will be automatically extended for an indefinite period in its existing conditions.
In case of a change of control or a merger, demerger or operation assimilated to a merger or a division referred to in paragraph 1, and in the absence of prior renewal of the operating licence, by the King or the absence of automatic renewal of the license in accordance with paragraph (5) the operating licence expires automatically. This automatic expiration is confirmed by royal decree published by extract, in the Moniteur belge. It is notified that holds the operating licence on the date of the automatic expiry of the operating licence. "."
CHAPTER 4. -Disposition final art.
10. this Act has effect 1 January 2014.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels on May 15, 2014.
PHILIPPE by the King: the Minister of the Interior, Ms. J. MILQUET the Secretary of State for mobility, M. WATHELET Scellé of the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Session 2013-2014.
House of representatives Documents. -Act Propossition, 53-3352 - No. 1. -Amendment 53-3352 - No. 2. -Report made on behalf of the Committee on Infrastructure, Communications and public enterprises, 53-3352 - No. 3. -Corrected text by the Commission Infrastructure, Communications and public enterprises, 53-3352 - No. 4. -Text adopted in plenary meeting and forwarded to the Senate, 53-3352 - No. 5.
Compte rendu intégral. -22 and April 23, 2014.
Senate Documents.
-Project mentioned by the Senate, 5-2878 - No. 1. -Amendments 5-2878 - No. 2. -Report 5-2878 - No. 3. -Decision not to amend, 5-2878 - No. 4.
Annals of the Senate. -24 April 2014.