belgiquelex.be - Carrefour Bank of Legislation

15 MAI 2014. - Mobility Act (1)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution
CHAPTER 2. - Rail transport
Section 1^re. - Amendment of the Act of 27 December 2012 on various urgent provisions
Art. 2. In section 20 of the Act of 27 December 2012 dealing with various urgent provisions, the enumeration is supplemented by the following words:
- 1^er January 2014 to March 31, 2014;
- 1^er April 2014 to 30 June 2014;
- 1^er July 2014 to 30 September 2014;
- 1^er October 2014 to December 31, 2014. ".
Section 2. - Amendment of the Program Law of 22 December 2008 and of the Royal Decree of 15 July 2009 on the promotion of the combined rail transport of intermodal transport units for the period 2009-2012, with a view to the continuation of financial support for the combined transport of intermodal transport units
Art. 3. In section 24 of the Program Law of December 22, 2008, the words "and cease to be in force on June 30, 2013" are replaced by the words "and cease to be in force on December 31, 2014".
Art. 4. In article 3, paragraph 4, of the Royal Decree of 15 July 2009 on the promotion of the combined rail transport of intermodal transport units for the period 2009-2012, the words "and for the year 2014" are inserted between the words "of the year 2013," and the words "subsidize it".
Art. 5. In section 8 of the same order, the following amendments are made:
1. the words "described in chapters II, III and IV until June 30, 2012 included." are replaced by the words "described in chapters II and III until January 31, 2015 included."
2. the single paragraph shall be supplemented by a paragraph written as follows:
"Operators may file at any time a nomination form for a subsidy relating to one of the measures described in Chapter IV until June 30, 2012 inclusive.".
Art. 6. In article 22 of the same decree, the words "for transport carried out" are inserted between the words "are taken" and the words "until June 30, 2013" and the single paragraph is supplemented by the words "and between 1^er January 2014 and December 31, 2014 inclusive."
CHAPTER 3. - Air transport
Single section. - Amendment of the Royal Decree of 27 May 2004 concerning the transformation of Brussels International Airport Company (B.I.A.C.) into an anonymous private law company and airport facilities
Art. 7. Article 1^er of the Royal Decree of 27 May 2004 concerning 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, is supplemented by the 18th, 19th and 20th written as follows:
"18° control: control within the meaning of Article 5 of the Corporate Code, provided that any investment fund or similar organization that is managed by an investment company is considered to be under the control of that investment company;
19th Five-Year Development Plan: the plan referred to in Article 18 of the Royal Decree of 21 June 2004 granting the operating license of the Brussels-National Airport;
20° working days: every day of the week when banks are generally open in Belgium, except Saturdays, Sundays and legal holidays. ".
Art. 8. In section 29 of the same order, the following amendments are made:
1° paragraph 1^er, paragraph 2, is supplemented by the words "with acknowledgement of receipt. ";
2° paragraph 1^er, is supplemented by a paragraph written as follows:
"The application referred to in paragraph 1^er is presumed to have been introduced on the date on the acknowledgement of receipt. ";
Paragraph 2 is replaced by the following:
"§2. Within ten working days from the introduction of the application under subsection 1^erthe economic regulation authority acknowledges receipt of the request by registered letter and informs the Minister of the request.
Within thirty business days from the introduction of the application under subsection 1^er, the economic regulation authority shall inform the applicant by registered letter that:
1° the application is complete; or,
2° the application is incomplete and invites the applicant to submit any information, explanations or any missing documents that it considers useful for the examination of the application.
If the economic regulation authority does not send the recommended letter referred to in paragraph 2, the application is presumed to be complete on the date of the application referred to in paragraph 1^er.
Within ten working days from the date of receipt of the recommended letter referred to in paragraph 2, 2°, the applicant shall provide the requested information, documents or explanations. These additional data are sent to the economic regulation authority by registered letter.
If, after the period prescribed in paragraph 4, the applicant remains in default of providing the requested information, documents or explanations, the applicant must submit a new application. ";
Paragraph 3 is replaced by the following:
§ 3. Within twenty working days from the introduction of a full application, the economic regulatory authority shall forward, by registered letter to the Minister or his delegate, a proposal for the granting of an operating licence or a proposal for refusal and the entire record relating thereto. The Economic Control Authority shall, by registered letter, address the applicant on the day the file is transmitted to the Minister, a copy of the proposal forwarded to the Minister.
The licence to operate is issued by Royal Decree to the Council of Ministers. This Royal Decree may impose special conditions that are, however, limited to ensuring the licensee's compliance with the provisions of sections II and III of Chapter IV of this Order. The royal decree is published, by extract, to the Belgian Monitor.
The granting of the operating licence shall be notified to the applicant, by registered letter, by the economic regulation authority within sixty business days from the date on which the proposal of the economic regulation authority was forwarded to the Minister.
If, following a decision of the Council of Ministers to refuse to grant the operating licence, the operating licence is not granted, the economic regulatory authority shall notify the applicant by registered letter within sixty working days of the date on which the proposal of the economic regulatory authority was forwarded to the Minister. ".
Art. 9. In section 47 of the same order, the following amendments are made:
1° in paragraph 1^er :
- paragraph 2 is supplemented by the words "with acknowledgement of receipt. The application referred to in paragraph 1^er is presumed to have been introduced on the date on the acknowledgement of receipt. ";
- the paragraph shall be supplemented by the following subparagraph: "The application states that after the proposed transaction, the licensee meets the following criteria:
1° the criteria referred to in Article 27, 1° to 3° and 8°, if the application for renewal is first introduced to any operation resulting in a change of control;
2° the criteria referred to in section 27, if the application for renewal is introduced for a merger, splitting or any other operation similar to such a merger or splitting, or by transfer of the operating licence, whether by bringing or disposing of universality or industry. ";
Paragraphs 2 and 3 are replaced by the following:
"§2. Within ten working days from the introduction of the application under subsection 1^erthe economic regulation authority acknowledges receipt of the request by registered letter and informs the Minister of the request.
Within thirty business days from the introduction of the application under subsection 1^er, the economic regulation authority shall inform the applicant by registered letter that:
1. the application is complete; or,
2. the application is incomplete and invites the applicant to provide any information, explanations or missing documents that it considers useful for the examination of the application.
If the economic regulation authority does not send the recommended letter referred to in paragraph 2, the application is presumed to be complete on the date of the application referred to in paragraph 1^er.
The applicant has a period of ten working days from the date of receipt of the recommended letter from the economic regulatory authority informing the applicant of the incomplete nature of the application to provide the requested information, documents or explanations. These additional data are sent to the economic regulation authority by registered letter.
If, after the period prescribed in paragraph 4, the applicant remains in default of providing the requested information, documents or explanations, the applicant must submit a new application.
§ 3. Within twenty business days from the introduction of a full application, the economic regulatory authority shall forward, by registered letter, a proposal to the Minister or his or her delegate on the renewal or non-renewal of the operating licence, as well as the entire operating licence file. The Economic Control Authority shall, by registered letter, address the applicant on the day the file is transmitted to the Minister, a copy of the proposal forwarded 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 to the Belgian Monitor.
The granting of the operating licence shall be notified to the applicant, by registered letter, by the economic regulatory authority within eighty working days from the introduction of a full application
If, following a decision of the Council of Ministers to refuse to renew the operating licence, the operating licence is not renewed, the economic regulatory authority shall notify the applicant, by registered letter, within a period of eighty working days from the introduction of a full application.
If no decision is taken by the Council of Ministers within eighty working days of the introduction of a full application, the operating licence will be automatically renewed upon the expiry of this period of eighty working days. The automatic renewal of the operating licence is confirmed by a decision taken by the economic regulatory authority upon the expiry of the eighty working days referred to above. Within ten working days from the date of the decision confirming the automatic renewal of the operating licence, the economic regulatory authority shall notify, by registered letter, that decision to the applicant and publish it, by extract, to the Belgian Monitor.
If the King decides to renew the operating licence or if it is automatically renewed pursuant to paragraph 5, the operating licence will be automatically extended for an indefinite period under its existing conditions.
In the event of a change in control or a merger, splitting or operation assimilated to a merger or split referred to in paragraph 1^er, and in the absence of a prior renewal of the operating licence by the King or in the absence of an automatic renewal of the operating licence pursuant to paragraph 5, the operating licence will expire automatically. This automatic expiry is confirmed by royal decree published by extract to the Belgian Monitor. It is notified to the licensee of the operating licence on the date of the automatic expiry of the operating licence.".
CHAPTER 4. - Final provision
Art. 10. This Act produces its effects on 1^er January 2014.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 15 May 2014.
PHILIPPE
By the King:
The Minister of the Interior,
Ms. J. MILQUET
The Secretary of State for Mobility,
Mr. WATHELET
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
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Note
(1) Session 2013-2014.
House of Representatives
Documents. - Bills, 53-3352 - No. 1. - Amendment, 53-3352 - No. 2. - Report made on behalf of the Commission of Infrastructure, Communications and Public Companies, 53-3352 - No. 3. - Text corrected by the Commission de l'Infrastructure, des Communications et des Entreprises Publiques, 53-3352 - No. 4. - Text adopted in plenary and transmitted to the Senate, 53-3352 - No. 5.
Full report. - 22 and 23 April 2014.
Senate
Documents. - Project referred to by the Senate, 5-2878 - No. 1. - Amendments, 5-2878 - No. 2. - Report, 5-2878 - Number 3. - Decision not to amend, 5-2878 - No. 4.
Annales of the Senate. - 24 April 2014.