Law Approving The Protocol Amending The Agreement Of 9 February 1994 On The Imposition Of A Right Of Use For The Use Of Certain Roads By Heavy Commercial Vehicles, For The Purpose Of Fulfilling The Directive 2006/38/ec Of The Parliament

Original Language Title: Loi portant assentiment au Protocole modifiant l'accord du 9 février 1994 relatif à la perception d'un droit d'usage pour l'utilisation de certaines routes par des véhicules utilitaires lourds, aux fins de satisfaire à la Directive 2006/38/CE du Parlement

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2013015181&caller=list&article_lang=F&row_id=900&numero=943&pub_date=2014-02-10&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-02-10 Numac: 2013015181 FEDERAL PUBLIC SERVICE Foreign Affairs, trade outside and 25 February 2013 development COOPERATION. -Law approving the Protocol amending the agreement of 9 February 1994 concerning the perception of a right of use for the use of certain roads by heavy commercial vehicles, the purpose of fulfilling the Directive 2006/38/EC of the European Parliament and of the Council of 17 May 2006 amending Directive 1999/62 / EC on the charging of heavy goods vehicles for the use of certain infrastructures and to agree between the Governments of the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the Kingdom of Sweden, of the introduction of a system of "paperless sticker" in their common system for the collection of the right to use, made in Brussels, October 21, 2010, and amending articles 3, 9, 10, 11 and 12 of the Act of 27 December 1994 consent of the aforementioned agreement and introducing a Eurovignette , in accordance with Directive 93/89 / EEC of the Council of the European communities of 25 October 1993 (1) (2) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: chapter I:. -Available general Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
CHAPTER II. -Assent to the Protocol amending the agreement of 9 February 1994 concerning the perception of a right of use for the use of certain roads by heavy commercial vehicles, the purpose of fulfilling the Directive 2006/38/EC of the European Parliament and of the Council of 17 May 2006 amending Directive 1999/62 / EC on the charging of heavy goods vehicles for the use of certain infrastructures and to agree , between the Governments of the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Grand Duchy of Luxembourg, the Kingdom of Netherlands and the Kingdom of Sweden, of the introduction of a system of "paperless sticker" in their common system for the collection of the right to use made in Brussels article, October 21, 2010 2. the Protocol amending the agreement of 9 February 1994 concerning the perception of a right of use for the use of certain roads by heavy commercial vehicles, the purpose of fulfilling the Directive 2006/38/EC of the European Parliament and of the Council of 17 May 2006 amending Directive 1999/62 / EC on the charging of heavy goods vehicles for the use of certain infrastructures and to agree , between the Governments of the Kingdom of Belgium, the Kingdom of Denmark, of the Federal Republic of Germany, the Grand Duchy of Luxembourg, the Kingdom of Netherlands and the Kingdom of Sweden, of the introduction of a system of "paperless sticker" in their common system for the collection of the right to use done at Brussels on October 21, 2010, released its full and complete effect.
CHAPTER III. -Amendments to the Act of 27 December 1994 on consent to the agreement relating to the perception of a right of use for the use of certain roads by heavy commercial vehicles, signed in Brussels on 9 February 1994 between the Governments of the Kingdom of Belgium, the Kingdom of the Denmark, the Federal Republic of Germany, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands and introducing a Eurovignette , in accordance with Directive 93/89 / EEC of the Council of the European communities of 25 October 1993 s. 3. article 9, last paragraph, of the Act of 27 December 1994 on consent to the agreement relating to the perception of a right of use for the use of certain roads by heavy commercial vehicles, signed in Brussels on 9 February 1994, between the Governments of the Kingdom of Belgium, of the Kingdom of Denmark, the Federal Republic of Germany, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands and introducing a Eurovignette , in accordance with Directive 93/89 / EEC of the Council of the European communities of 25 October 1993, amended by the Act of June 10, 2001, is replaced by the following provision: «»At the request of the taxpayer, a receipt is presented at the acquittal of the eurovignette.
S.
4. article 10 of the Act is repealed.
S. 5. article 11 of the Act is repealed.
S.
6a article 12, § 1, of the Act, as amended by the Act of 10 April 1995 and the Act of March 13, 2001, the following changes are made: 1 ° 1st paragraph the words "against remise of the certificate" are repealed;
2 ° in paragraph 2 the words "against remise of the certificate" are repealed.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given at Brussels, 25 February 2013.
ALBERT by the King: the Deputy Prime Minister and Minister of Foreign Affairs, D. REYNDERS the Deputy Prime Minister and Minister of finance, S. VANACKERE Deputy Prime Minister and Minister of the Interior, Ms. J. MILQUET the Secretary of State for mobility, M. WATHELET seen and sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Session 2011-2012.
Senate.
Documents. -Bill filed on July 17, 2012, no. 5 - 1709/1.
Session 2012-2013.
Senate.
Documents. -Report on behalf of the Committee, 5-1709/2.
Parliamentary Annals. -Discussion and vote. Meeting of November 26, 2012.
House of representatives.
Documents.
-Draft transmitted by the Senate, no. 53-2526/1. -Text corrected by the commission, no. 53-2526/2. -Report on behalf of the Committee, no. 53-2526/3. -Text adopted in plenary and subject to Royal assent, session No. 53-2526/4.
Parliamentary Annals. -Discussion. Meeting of December 19, 2012. -Vote.
-Meeting of December 20, 2012.
(2) see the Decree of the Flemish Region of December 9, 2011 (Moniteur belge of 10 January 2012), the Decree of the Walloon Region from October 10, 2013 (Moniteur belge of 30 October 2013) and order of the Brussels-Capital Region from November 7, 2013 (Moniteur belge of 19 November 2013).

Protocol amending the agreement of 9 February 1994 on the imposition of a right of use for the use of certain roads by heavy commercial vehicles for the purpose 1) to comply with Directive 2006/38/EC of the European Parliament and of the Council of 17 May 2006 amending Directive 1999/62 / EC on the charging of heavy goods vehicles for the use of certain infrastructures and 2) agree , between the Governments of the Kingdom of Belgium, the Kingdom of the Denmark, the Federal Republic of Germany, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the Kingdom of Sweden, of the introduction of a system of "paperless sticker" in their common system for the collection of a right of use the Governments of the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the Kingdom of Sweden, Contracting Parties to the agreement of 9 February 1994 on the imposition of a right of use for the use of certain roads by heavy commercial vehicles, as amended by the Protocol of 18 September 1997 on the accession of the Kingdom of Sweden to the agreement and the Protocol of 22 March 2000 in application of Directive 1999/62 / EC of the European Parliament and of the Council of the European Union of 17 June 1999 on the charging of heavy goods vehicles for the use of certain infrastructures, hereinafter referred to as 'the agreement ';
Having regard to the adoption of Directive 2006/38/EC of the European Parliament and of the Council of 17 May 2006 amending Directive 1999/62 / EC on the charging of heavy goods vehicles for the use of certain infrastructures, hereinafter 'the directive '.
Whereas the notifications of ratification submitted through the diplomatic channel to the European commission by the Governments of Belgium, the Denmark, the Luxembourg, the Netherlands and Sweden, respectively as of March 10, 2004, 25 August 2003, 14 November 2003, April 28, 2003 and November 12, 2003, relating to the key of the product to use, in accordance with this agreement;
Whereas the agreement concluded on October 31, 2007 between the Governments of the Belgium, the Denmark, the Luxembourg, the Netherlands and Sweden to adapt the administration of their common system relating to the taxation of heavy goods vehicles for the use of certain infrastructures to a system of "paperless sticker";
Have agreed as follows: Article 1 in the preamble to the agreement the first reference is completed as follows: "as last amended by Directive 2006/38CE of the European Parliament and of the Council of 17 May 2006,".
Article 2A article 2 of the agreement the following changes are made: 1 paragraph 1 is replaced by the following provision: «(1 ° the concepts defined in article 2, points a)(, c) (, e)(, et f) of Directive 1999/62 / EC of the European Parliament and of the Council of the European Union of 17 June 1999 on the charging of heavy goods vehicles for the use of certain infrastructures. as amended by Directive 2006/38/EC of the Parliament European Parliament and of the Council of 17 May 2006, shall apply to this agreement. ».
2. paragraph 2 is replaced by the following provision: "2 ° in addition, for the purposes of this agreement, means: 'territory of the contracting parties': respectively the European territory of the Kingdom of Belgium, the Kingdom of the Denmark, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the Kingdom of Sweden; vehicle: a motor vehicle or a set of articulated vehicles intended or used exclusively for the carriage by road of goods and a weight total support allowed for to the. not less than 12 tonnes, in accordance with article

2, item d), and article 7, paragraph 2, point a), of the directive, as amended by Directive 2006/38/EC of the European Parliament and of the Council of 17 May 2006. ».
Article 3a article 3 of the same agreement the following changes are made: 1 paragraph 1 is replaced by the following provision: ' (1 ° in accordance with the provisions of this agreement, the contracting parties collect, effective January 1, 1995, a right of common use for the use of the road network trans-European vehicles as defined in article 2, point d), of the directive but with a total weight of at least 12 tonnes. (in accordance with article 7, paragraph 2, point a), of the same directive. ' 2. in paragraph 2, the words "(article 7, paragraph 2, point b)(, i)" shall be replaced by the words 'article 7, paragraph 1.
3. paragraph 3 is repealed.
Article 4A article 8 of the agreement, paragraph 5 is repealed.
Article 5 article 9 of the agreement is replaced by the following provision: "Article 9 the right to use 1 payment) in order to implement a full system relating to the taxation of heavy goods vehicles for the use of certain infrastructures, a central electronic database is created. ''
The contracting parties shall ensure that the central database contains the relevant information in the perception of the usage rights payments.
(2) the central database contains, for each payment of the right of use, the following information: 1. place, date and time of the recording, 2 period of validity, 3. number of axles and class vehicle Euro, 4. amount of the right to use in Euros, Danish or Swedish Crowns, 5 registration number and nationality of the vehicle.
Simultaneously with the payment of the right to use, the system issues a receipt. ' Article 6a article 10 of the agreement, the following changes are made: 1. paragraph 1 is replaced by the following: "the contracting parties shall provide the refund of right of use where the refund application is submitted before the expiry of the period for which the fee is paid. ' 2. the first sentence of paragraph 2 is repealed.
Article 7 article 12 of the agreement is replaced by the following provision: 'the contracting parties shall ensure that non-compliance with the obligation to pay the right of use is sanctioned.
' Article 8 article 13, paragraph 3, paragraph 3, of the agreement is replaced by the following provision: "the product of the right to use thus determined is divided as follows between the contracting parties:-the Kingdom of Belgium gets 39.92% of this product;
-The Kingdom of the Denmark gets 12.29% of this product;
-The Grand Duchy of Luxembourg gets 3.14% of this product;
-The Kingdom of the Netherlands gets 27.63% of this product;
-The Kingdom of Sweden gets 17.02% of this product. ' Article 9 because the waiver to the taking of the right of use by the Federal Republic of Germany under article 17 of the agreement, the Government of the Federal Republic of Germany sign no provision for the removal of the right to use.
Section 10 this Protocol comes into force the first day of the month following the last date on which the respective Governments have notified in writing to the European Commission through diplomatic channels that the constitutional requirements for its entry into force in their respective States are met.
The depositary shall transmit to the Governments of all contracting parties to the agreement the notifications referred to in paragraph 1 as well as the date of entry into force of this Protocol.
Done at Brussels, 21 October 2010 in the language Danish, German, French, Dutch and Swedish, each text being equally authentic, in one original deposited in the archives of the European Commission; a certified copy shall submit to each Contracting Party.

List of bound States States/OrganisationsDate authentificationType of consentementDate of Consentemententree in local force germany21/10/2010Notification12/12/2012 BELGIQUE21/10/2010Notification22/01/2014 DANEMARK21/10/2010Notification27/01/2011 2010indetermine-10-LUXEMBOURG21 country-BAS21/10/2010Notification29/03/2011 SUEDE21/10/2010Notification08/05/2013