Posted the: 2013-09-13 Numac: 2013014495 SERVICE PUBLIC FEDERAL mobility and transport 30 August 2013. -Law on the reform of the Belgian railways (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: title 1. -Provisions General Article 1.
This Act regulates a matter referred to in article 78 of the Constitution.
S. 2. for the purposes of this Act, it has to be understood by: 1 ° Regulation of rail Service: the Service Regulation of Rail Transport and the operation of Brussels - National Airport, referred to in the royal decree of 25 October 2004 establishing the Service Regulation of Rail Transport and the operation of Brussels-National Airport, setting its composition as well as the administrative and monetary statutes applicable to its members;
2 ° HR Rail: the legal person of public law referred to in article 7;
3 ° the infrastructure manager: the autonomous public undertaking that referred to in article 3, § 1, which will be from the entry into force of the reform referred to in article 3, § 1, as the rail infrastructure manager;
4 ° royal decree of 9 December 2004: the royal decree of 9 December 2004 on the allocation of railway infrastructure capacity and the fee for the use of railway infrastructure;
5 ° JAB national: the National Joint Committee referred to in article 13 of the Act of 23 July 1926;
6 ° railway undertaking: the autonomous public company, as referred to in article 3, § 1, which will be from the entry into force of the reform referred to in article 3, § 1, as railway undertaking;
7 ° transport convention: the convention of transport referred to in article 8;
8 ° law of 23 July 1926: the Act of 23 July 1926 on the SNCB-Holding and its related companies;
9 ° law of March 21, 1991: the Act of 21 March 1991 on reform of some economic public companies;
10 ° Law of December 4, 2006: the Act of 4 December 2006 on the use of the railway infrastructure.
TITLE 2. -Reform of the SNCB-Holding, Infrabel and SNCB Chapter 1. -Objectives and scope of reform article 3 § 1. In order to reorganize activities and structures of the SNCB-Holding, Infrabel and SNCB in two autonomous public enterprises in the form of public limited company within the meaning of the Act of 21 March 1991, one will act as the infrastructure manager and the other will be a railway undertaking, with all the shares representing the capital will be for each held by or on behalf of the State , the King may, by Decree deliberated in the Council of Ministers, take all necessary steps, in order: 1 ° to accomplish, adjust or authorize the assignment, transfer or contribution actions or other titles of SNCB-Holding, Infrabel and SNCB, the increase or decrease of their capital, merger, split, the contribution of a branch of activity or a universality, the dissolution or any other similar in relation to these companies operation as well as to set the terms and conditions;
2 ° to perform, to adjust or to authorize the assignment, transfer or contribution of assets, rights and obligations between SNCB-Holding, Infrabel and SNCB, as well as to establish the terms and conditions;
3 ° to perform, to adjust or to allow the incorporation of a legal person under public law, called "HR Rail", in the form of a Société anonyme under public law, to establish and adjust the social object, the legal status, composition and operation as well as the transfer of all staff statutory and non-statutory of SNCB-Holding in this company, authorize and adjust the availability of personnel to the railway undertaking and the infrastructure manager , and adjust skills staff, including social dialogue, all this in accordance with the provisions of section 7 of this Act;
4 ° to amend, Supplement, replace or repeal the legal provisions applicable to the CBNS-Holding, Infrabel and SNCB, relating to their legal and fiscal status, their objects, to their missions of public service, their financing, trusteeship and rules of administrative, financial and budgetary control which are applicable to their management contract the establishment, operation, composition and skills of their bodies; administration, and their Advisory Committee
5 ° where appropriate, modify the name of the SNCB-Holding, Infrabel and SNCB and the legal provisions in accordance with these amendments;
6 ° to ensure the fiscal neutrality of the operations referred to in this article;
7 ° to submit operations referred to in this article to the principle of the transmission of heritage on a universal basis and the continuity of the activities concerned, inter alia through the transfer to the railway undertaking, in accordance with the principle of the transmission of heritage on a universal basis of the enterprise license from the SNCB train, referred to in article 5, 16 ° of the law of December 4, 2006 the security certificate referred to in article 5, 8 ° of the law of 19 December 2006 on safety of railroading, and attributed to the SNCB infrastructure capacity.
§ 2. The King may, by Decree deliberated in the Council of Ministers, take all measures necessary to accomplish, adjust, or authorize the transfer to the State, preferred shares and the shares of SNCB-Holding within the meaning of article 9 of the Act of 23 July 1926.
§ 3. The powers granted to the King in paragraph 1, 1 °, 2 ° and 3 ° and in paragraph 2 do not prejudice, where appropriate, the possibility to carry out these operations on basis of legal and statutory provisions applicable, by decisions of the competent bodies of the SNCB-Holding, Infrabel and SNCB.
§ 4. Notwithstanding any contractual provisions contrary to or derogating, the operations referred to in this provision do not have effect to modify the terms and conditions of agreements between SNCB-Holding, Infrabel and SNCB or their respective subsidiaries on the one hand and third parties on the other hand or put an end to such an agreement; These operations do not further qualify a party to such a convention or unilaterally terminate.
CHAPTER 2. -Social object and public service missions of the infrastructure and the railway undertaking Article Manager 4 § 1. The social object of the infrastructure manager will include in any case, for the whole of the Belgian network, the following: 1 ° the acquisition, design, construction, renewal, maintenance and management of railway infrastructure;
2 ° the management systems of regulation and security of this infrastructure;
3 ° the supply to the railway companies of the services to be provided in accordance with the law;
(4) the allocation of available railway infrastructure capacity;
5 ° the pricing, billing and collection of fees for the use of railway infrastructure and services referred to in the 3rd;
6 ° the acquisition, development, maintenance, management, operation and marketing of computer resources and telecommunications networks.
2. The infrastructure manager public service missions include the tasks referred to in paragraph 1, 1 ° to 5 °, as well as the other public service missions entrusted to him by or under the Act.
S. 5. the object of the railway undertaking will include in any case the following items: 1 ° the carriage of passengers, including the home and information of its customers, and cargo by rail.
2 ° the transport of goods in general and logistics services provided for this purpose;
3 ° the acquisition, maintenance, management and the financing of rolling stock rail;
4 ° the pursuit of safety and security in the railway field;
5 ° the acquisition, design, construction, renewal, maintenance and management of railway stations, not kept stopping points and their dependencies;
6 ° the development of commercial activities or other intended to promote, directly or indirectly, its services or to optimize the use of its assets.
S. 6. the public service of the railway undertaking missions include in all cases: 1 ° the internal carriage of passengers provided by the trains of the regular service and domestic services by high-speed trains;
2 ° the transboundary transport of travellers, i.e. transport by train the regular service for the part of the national route not covered in respect of 1 ° and to stations on neighboring networks defined in the management contract;
3 ° the acquisition, maintenance, management and financing of rolling stock railway intended to carry out the tasks referred in paragraphs 1 ° and 2 °.
4 ° the benefits the railway company is required to provide for the needs of the Nation;
5 ° the acquisition, design, construction, renewal, maintenance and management of railway stations, not kept breakpoints and their dependencies;
6 ° relative to the railroading heritage conservation;
7 ° the activities of security and guarding in the railway field;
8 ° the other missions of public service assigned to it by or under the Act.
CHAPTER 3. -Staff
S. 7. within the framework of the authorisation granted in accordance with article 3, § 1, 3 °, the King may, by Decree deliberated in the Council of Ministers: 1 ° accomplish, adjust or authorize the establishment of a legal person under public law, called HR Rail, in the form of a limited liability company under public law, the formation of a new company, by either the transformation of an existing Corporation;
2 ° determine the social purpose of HR Rail, on the understanding that the social purpose of HR Rail shall include at least the provision to the infrastructure manager and the railway undertaking, and recruitment, personnel statutory and non-statutory required for the performance of their tasks, as well as for managing staffing activities by SNCB Holding before the entry into force of the present reform;
3 ° adjust the allocation of shares of HR Rail, on the understanding that at least two percent of the shares representing the share capital are attributed to the State and that the balance of the shares representing the share capital is attributed equally to the infrastructure manager and to the railway undertaking;
4 ° fix the voting rights attached to the shares of HR Rail, being understood that regardless of the part of the social capital that they represent, the shares which are held by or on behalf of the State are entitled to sixty percent voices, shares that are held by the infrastructure manager entitle to twenty percent of the votes and shares that are held by the railway undertaking also give right to twenty percent of the vote;
5 ° adjust the constitution, operation, composition and skills of HR Rail management bodies, on the understanding that the Board of Directors shall consist of a Chairman appointed by royal decree deliberated in the Council of Ministers because of his particular competence in social relations, the administrator delegate of the infrastructure manager, the administrator delegate of the railway undertaking and the Director general of HR Rail;
6 ° establish the legal status of HR Rail as an individual legal entity of public law in the form of a Société anonyme under public law which is not an autonomous public company within the meaning of the Act of 21 March 1991, its missions of public service, its funding, its tax system, its operation and the rules of administrative, financial and budgetary control which are applicable;
7 ° carry out and adjust the transfer of all staff statutory and non-statutory of SNCB-Holding to HR Rail;
8 ° set HR rail staff to the infrastructure manager and the railway undertaking;
9 ° adjust the constitution, operation, composition and powers of the Committee for the coordination of the management of HR Rail staff, on the understanding that the Committee shall consist of a Chairperson who is the Director general of HR Rail, responsible for the management of HR to the infrastructure manager, the head of the management of human resources to the railway company and Assistant to the Director general of HR Rail;
10 ° adjust the rights and mutual obligations HR rail, the railway undertaking and infrastructure manager;
11 ° amend the national composition of the Joint Appeals Board so that it will comprise twenty-six members, namely: has) three members appointed by the Board of Directors of HR Rail, which in any case the Chairman of the Board of Directors of HR Rail which will be full President of the National Joint Commission, and the Director general of HR Rail;
(b) five members appointed by the Board of Directors of the infrastructure manager;
(c) five members appointed by the Board of Directors of the railway undertaking;
(d) one member appointed by each interbranch organisation workers, incorporated at the national level and represented in the national labour Council, which is also represented in the railway undertaking and HR Rail infrastructure manager;
(e) other members appointed by the trade unions recognised within the meaning of the status of HR Rail staff in proportion to the number of their members within the Manager of the infrastructure, the railway undertaking and HR Rail together;
12 ° adjust skills HR Rail, the Manager of the infrastructure and the railway undertaking staffing, including the social dialogue;
13 ° amend, Supplement, replace or repeal all legal provisions concerning staff understanding that the status of HR Rail staff, including trade union status, continues to highlight the national competence of the Joint Appeals Board and shall continue to apply for provision.
CHAPTER 4. -The convention of transportation article
8 § 1. The infrastructure manager and the railway undertaking are collaborating in the execution of their missions of public service, among other things to provide a punctual service and quality to travellers, and conclude a transport agreement to this end.
2. The King establishes, by Decree deliberated in the Council of Ministers: 1 ° substances which are regulated by the convention of transport;
2 ° the procedure to be followed for the conclusion or modification of the transport agreement, on the understanding that the transport convention cannot in any case be entered into or modified after non-binding Service of Regulation of rail believes that it can enter into force only after the approval of the King, by Decree deliberated in the Council of Ministers , and that a mechanism shall be provided to secure the contents of the convention of transport relating to the substances referred to in 1 ° in case the parties fail to reach an agreement.
3 ° the dispute settlement mechanism between the infrastructure manager and the railway undertaking concerning the implementation of the convention of transport, being understood that the parties may submit the dispute to dispatch of Railway Transport which will adopt a reasoned decision.
TITLE 3. -Rail Regulations Chapter 1. -The role of the regulator art.
9 § 1. The King extends, by Decree deliberated in the Council of Ministers, legal and regulatory Service of Regulation of rail transport, missions so that Service's Regulation of Rail Transport in any case fulfils tasks described in paragraphs 2 to 4.
§ 2. In execution of its mission of Council, Service of Regulation of Rail Transport makes, prior to the conclusion or amendment of the convention on transport, a reasoned not binding regarding the content of the convention on transport.
3. In pursuance of its mission to control, Regulation of the Railway Transport Service performs the following: a) at the request of the Minister who has public undertakings in charge, it performs an annual audit of the implementation of the convention on transport;
(b) he wrote, at the request of the Minister that the regulation of rail transport in charge, an annual audit of the execution of the disturbance recording method used by the infrastructure manager, as referred to in article 31/2 of the royal decree of 9 December 2004;
(c) it monitors compliance with the rules of non-discrimination referred to in article 10.
§ 4. In execution of its mission of administrative settlement of disputes, the Service of Railway Transport Regulation takes individual decisions motivated on disputes regarding the execution of the transport agreement, at the request of the infrastructure manager or the railway undertaking.
CHAPTER 2. -Rules on services provided to railway undertakings art. 10. the King sets, by Decree deliberated in the Council of Ministers: 1 ° the rules that allow railway undertakings access to the stations at the breakpoints not kept and at suitable locations planned stations for ticketing services, in a nondiscriminatory manner;
2 ° the rules that allow railway undertakings access to fixed installations for communication with travellers, as the dock displays and sound, in a nondiscriminatory manner;
3 ° the rules that allow railway, in a nondiscriminatory manner undertakings, to be present in the "traffic control" and signalling of the infrastructure manager positions and which establish the mechanism by which the infrastructure manager is running, in a nondiscriminatory manner, the priorities established by the railway undertakings concerning their own trains, except for reasons of safety of operation or in the event of conflict with the priority rules laid down by the public authority.
TITLE 4. -Provisions Commons article 11. the orders adopted under this Act may modify, Supplement, replace or repeal the legal provisions in force.
The orders referred to in paragraph 1 shall cease to have effect if they were not confirmed by law within 12 months of their date of entry into force. The confirmation is retroactive to that date.
The powers granted to the King by this article shall expire June 1, 2014. After this date, the taken orders under these powers cannot be amended, supplemented, replaced or repealed by an act.
Promulgate this Act, order that it be under the seal of the State and published by the Belgian Monitor.
Given in Brussels, August 30, 2013.
PHILIPPE by the King: the Minister of the Interior, Ms. J. MILQUET. the Minister of public enterprises,
P.. Lady Secretary of State for mobility, M. WATHELET Scellé of the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Session 2012-2013.
House of representatives: Doc 53-2893-2012/2013: No. 1: Bill.
No. 2 and no. 3: amendments.
No. 4: report.
No. 5: Text corrected by the commission.
No. 6: Text adopted in plenary meeting and transmitted to the Senate.
Full report: July 10, 2013.
Senate Doc 5-2202-2012/2013: No. 1: draft transmitted by the House of representatives.
No. 2: amendments.
No. 3: report.
No. 4: Decision not to amend.
Annals of the Senate: 17 and 18 July 2013.