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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belgiquelex.be - Carrefour Bank of Legislation

25 FEBRUARY 2013. - Act enacting the Protocol amending the agreement of 9 February 1994 on the collection of a right of use for the use of certain roads by heavy utility vehicles, for the purpose of satisfying the Directive 2006/38/EC of the European Parliament and the Council of 17 May 2006 amending the Directive 1999/62/EC on the taxation of heavy weights for the use of certain infrastructures and to agree,



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER Ier. - General provision
Article 1er. 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 on the perception of a right of use for the use of certain roads by heavy utility vehicles, for the purpose of complying with the Directive 2006/38/EC of the European Parliament and the Council of 17 May 2006 amending the Directive 1999/62/EC on the taxation of heavy weights for the use of certain infrastructures and to agree, between the governments of the Kingdom of Belgium,
Art. 2. The Protocol amending the agreement of 9 February 1994 on the perception of a right of use for the use of certain roads by heavy commercial vehicles, for the purpose of satisfying the Directive 2006/38/EC of the European Parliament and the Council of 17 May 2006 amending the Directive 1999/62/EC on the taxation of heavy weights for the use of certain infrastructures and agreeing, between the governments of the Kingdom of Belgium, the Federal Republic of Denmark,
CHAPTER III. - Amendments to the Act of 27 December 1994 enacting the Agreement on the Collection of a Right of Use for the Use of Certain Roads by Heavy Duty Vehicles, signed in Brussels on 9 February 1994, between the Governments of the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands and establishing a Eurovignette, in accordance with the 1993 Directive
Art. 3. Article 9, last paragraph, of the Act of 27 December 1994 enacting the agreement on the collection 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 Denmark, the Federal Republic of Germany, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands and establishing a Eurovign Directive,
"At the request of the taxpayer, a receipt is returned at the time of the acquittal of the eurovignette. »
Art. 4. Section 10 of the Act is repealed.
Art. 5. Section 11 of the Act is repealed.
Art. 6. Article 12, § 1erthe same Act, as amended by the Act of 10 April 1995 and the Act of 13 March 2001, are amended as follows:
1° to paragraph 1er the words "against the receipt" are repealed;
2° in paragraph 2 the words "against the surrender of the certificate" are repealed.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 25 February 2013.
ALBERT
By the King:
Deputy Prime Minister and Minister for Foreign Affairs,
D. REYNDERS
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,
Mr. WATHELET
Seen and sealed the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) Session 2011-2012.
Senate.
Documents. - Bill tabled on 17 July 2012, No. 5-1709/1.
Session 2012-2013.
Senate.
Documents. Report on behalf of the Commission, 5-1709/2.
Annales parliamentarians. - Discussion and voting. Session of November 26, 2012.
House of Representatives.
Documents. - Project transmitted by the Senate, No. 53-2526/1. - Text corrected by commission, no. 53-2526/2. - Report made on behalf of the commission, No. 53-2526/3. - Text adopted in plenary and subject to Royal Assent, 53-2526/4.
Annales parliamentarians. - Discussion. Session of December 19, 2012. - Vote. - Session of December 20, 2012.
(2) See the decree of the Flemish Region of 9 December 2011 (Belgian Monitor of 10 January 2012), the decree of the Walloon Region of 10 October 2013 (Belgian Monitor of 30 October 2013) and the order of the Brussels Capital Region of 7 November 2013 (Belgian Monitor of 19 November 2013).

Protocol Amending the Agreement of 9 February 1994 on the Collection 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 the Council of 17 May 2006 amending Directive 1999/62/EC on the taxation of heavyweights for the use of certain infrastructures
and
2) 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, the introduction of a system of "paperless vignette" in their common system for the perception 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 Perception of a Right of Use for the Use of Certain Roads by Heavy Duty Vehicles, as amended by the Protocol of 18 September 1997 on the accession of the Kingdom of Sweden to the above-mentioned Agreement and the Protocol of 22 March 2000 pursuant to the Directive 1999/62/EC of the European Parliament and the Council of the European Union of 17 June 1999 on the Taxation of Heavy Duty
Considering 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 taxation of heavyweights for the use of certain infrastructures, referred to as "the Directive";
Considering the notifications of ratification made diplomatically to the European Commission by the Governments of Belgium, Denmark, Luxembourg, the Netherlands and Sweden, respectively, dated 10 March 2004, 25 August 2003, 14 November 2003, 28 April 2003 and 12 November 2003, relating to the key to the distribution of the proceeds of use, in accordance with this Agreement;
Considering the agreement reached on 31 October 2007 between the governments of Belgium, Denmark, Luxembourg, the Netherlands and Sweden to adapt the administration of their common system relating to the taxation of heavyweights for the use of certain infrastructures to a system of "paperless vignette";
The following agreed:
Article 1er
In the preamble of the agreement the first reference is completed as follows:
"as last amended by Directive 2006/38EC of the European Parliament and the Council of 17 May 2006".
Article 2
In section 2 of the same agreement the following amendments are made:
1. Paragraph 1er is replaced by the following provision:
« 1° The concepts defined in Article 2, points (a), (c), (e), and (f) of Directive 1999/62/EC of the European Parliament and the Council of the European Union of 17 June 1999 on the taxation of heavy weights for the use of certain infrastructures, as amended by Directive 2006/38/EC of the European Parliament and the Council of 17 May 2006, apply to this Agreement. "
2. Paragraph 2 is replaced by the following provision:
« 2° In addition, for the purposes of this Agreement, the following means:
“Tourist Party Territory”: the European territory of the Kingdom of Belgium, the Kingdom of Denmark, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the Kingdom of Sweden respectively;
"vehicle": a motor vehicle or a set of articulated vehicles intended or exclusively used for the carriage by road of goods and a total authorized load of at least 12 tons, in accordance with Article 2, point (d), and Article 7, paragraph 2, point (a), of the directive, as amended by Directive 2006/38/EC of the European Parliament and Council of 17 May 2006. "
Article 3
The following amendments are made to section 3 of the Agreement:
1. Paragraph 1er is replaced by the following provision:
« 1° In accordance with the provisions of this Agreement, Contracting Parties shall, from 1er January 1995, a common right of use for the use of the trans-European road network by vehicles defined in Article 2, paragraph (d), of the directive but having a total authorized load of at least 12 tonnes, in accordance with Article 7, paragraph 2, item (a), of the same directive. »
2. In paragraph 2, the words “article 7, paragraph 2, point (b), (i)” are replaced by the words “article 7, paragraph 1er "
3. Paragraph 3 is repealed.
Article 4
Paragraph 5 is repealed in section 8 of the same agreement.
Article 5
Section 9 of the same agreement is replaced by the following provision:
“Article 9
Payment of the right of use
(1) In order to implement a comprehensive system for the taxation of heavyweights for the use of certain infrastructures, a central electronic database is created.
The contracting parties ensure that the central database contains the relevant information in the collection of user fees payments.
(2) The central database contains, for each payment of the right of use, the following information:
1. location, date and time of registration,
2. period of validity,
3. number of axles and Euro class of the vehicle,
4. amount of the right of use in Euros, Danish or Swedish krones,
5. registration number and vehicle nationality.
At the same time, the system delivers a receipt. »
Article 6
The following amendments are made to section 10 of the Agreement:
1. Paragraph 1er is replaced as follows:
"The contracting parties provide for the reimbursement of the right of use when the claim is filed before the expiry of the period of validity for which the right is paid. »
2. The first sentence of paragraph 2 is repealed.
Article 7
Section 12 of the same agreement is replaced by the following provision:
"The contracting parties ensure that non-compliance with the obligation to fulfil the right of use is punished. »
Article 8
Article 13, paragraph 3, paragraph 3, of the same agreement is replaced by the following provision:
"The product of the right of use so determined shall be distributed as follows among the contracting parties:
- The Kingdom of Belgium obtains 39.92 per cent of this product;
- The Kingdom of Denmark obtains 12.29 per cent of this product;
- The Grand Duchy of Luxembourg obtains 3.14 per cent of this product;
- The Kingdom of the Netherlands obtains 27.63 per cent of this product;
- The Kingdom of Sweden gets 17.02 % of this product. »
Article 9
Due to the waiver of the right of use by the Federal Republic of Germany pursuant to Article 17 of the Agreement, the Government of the Federal Republic of Germany will not sign any provisions relating to the removal of the right of use.
Article 10
This Protocol enters into force on the first day of the month following the last date on which the respective Governments notified the European Commission in writing by diplomatic means that the constitutional requirements necessary 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 1er and the effective date of this Protocol.
Done in Brussels on 21 October 2010 in the Danish, German, French, Dutch and Swedish language, each text being equally authentic, in an original deposited in the archives of the European Commission; it shall transmit to each Contracting Party a certified true copy.

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