Posted the: 2011-12-28 Numac: 2011014313 FEDERAL PUBLIC SERVICE mobility and transport 13 November 2011. -Act for consent to the cooperation agreement between the federal State and the Regions in the implementation of the regulations of the European communities relating to a policy of the Community fleet capacity in inland navigation with a view to promoting transport by inland waterway (1) ALBERT II, King of the Belgians on 8 October 2010, to all present and future salvation.
The Chambers have adopted and we endorse the following: Article 1.
This Act regulates a matter referred to in article 77 of the Constitution.
S. 2 consent is given to the cooperation agreement of 8 October 2010 between the federal State and the Regions in the implementation of the regulations of the European communities on a Community-fleet capacity policy in inland navigation to promote transport by inland waterway.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels, November 13, 2011.
ALBERT by the King: the Prime Minister, Y. LETERME the Secretary of State for mobility, E. SCHOUPPE sealed with the seal of the State: the Minister of Justice, S. DE CLERCK _ Note (1) Session 2010-2011.
Senate Documents. -Bill, 5-1102/1 - report on behalf of the Committee, 5-1102/2 House of representatives Documents. -Project submitted by the Senate, 53-1684/1 - report on behalf of the commission, 53-1684/2 - text adopted in plenary and referred to Royal assent, 1684-53-3.
Cooperation agreement between the federal State and the Regions in the implementation of the regulations of the European communities on a Community-fleet capacity policy in inland navigation to promote transport by inland waterway having regard to articles 35, 39 and 167 of the Constitution;
Having regard to the Special Act of 8 August 1980 institutional reforms, notably article 92bis, § 1, inserted by the Special Act of 8 August 1988 and amended by the Special Act of 16 July 1993;
Having regard to the Special Act of 12 January 1989 relating to Brussels Institutions, particularly articles 4 and 42;
Whereas Regulation (EC) No 718/1999 refers to the continuity of measures taken in application of Regulation (EEC) No 1101/89 of the Council of 27 April 1989 on structural improvements in inland waterway, tends to the maintenance of the instruments created by the regulation for a capacity in inland waterway transport policy and requires the pre-existence under another name of the Belgian scrapping established under that Regulation Fund;
Whereas, by royal decree of 15 December 1999 on the dissolution of the regulator Office of Inland Navigation across the remaining tasks, including the actions as a scrapping fund, was taken over by the Ministry of Communications and Infrastructure, then transformed into federal public Service mobility and transport;
Whereas in sanitation of inland navigation and the adaptation of the sector to future needs, it is necessary to pay special attention to the possibilities of support for actions in accordance with the provisions of article 8 of regulation 718/1999;
Considering that after the dissolution of the regulator Office of Inland Navigation exists financial means which the destination must be determined by an agreement cooperation between the federal State and the Regions and which can usefully be used to a particular support of the sector;
The federal State, represented by the Prime Minister and the Secretary of State for mobility;
The Flemish Region, represented by the Minister of mobility and public works;
The Walloon Region, represented by the Prime Minister and the Minister of public works, of Agriculture, of rural life, of Nature, of the forest and the heritage;
The Brussels - Capital Region, Represented by the Minister of finance, the Budget, public service and External Relations and the Minister of public works, transport, the Port of Brussels and computing policy, have agreed as follows: Article 1. For the purposes of this agreement of cooperation, is meant by: 1 ° the Council Regulation: Regulation (EC) No 718/1999 of the Council of 29 March 1999 on a policy of the Community fleet capacity in inland waterway transport to promote the transport by inland waterway, including the latest changes, as well as any subsequent regulation replacing that above dealing with the same matter;
2 ° the SPF: the federal public Service mobility and transport;
3 ° the Fund: the Fund of Inland Navigation as provided for in article 3, paragraph 1 of the Council regulation;
4 ° the DONOVAN: the former regulator Office of Inland Navigation.
S. 2. the tasks the Fund should perform in accordance with the Council regulation are entrusted to the SPF. It creates the Fund in the form of an administrative cell, equipped according to the needs.
The Fund opens an account on which all financial transactions to be carried out in the context of the implementation of the Council regulation are recorded. In particular, surpluses financial, available in the accounts of the Fund for scrapping at the dissolution of the DONOVAN are inscribed on this financial account. Financial transactions are of revenue and expenditure for order.
S. 3. the Fund handles the financial account so that three separate sub-accounts can be followed, one for dry cargo vessels, one for tankers and for pusher craft. The Fund also provides the administrative and processing financial records introduced as part of the implementation of article 4 of Council Regulation (old-for-new rule) and applications for obtaining a scrapping premium in accordance with article 6 of the Council regulation, in the case of structural reorganisation measures. Community activities are organised, such as referred to in article 3, paragraph 5 of the Council regulation, the Fund should provide all necessary assistance for their implementation.
This collaboration may be limited to the transfer of financial means to the authorities responsible for the management of the actions in question, or the payment of means for beneficiaries on basis of dossiers submitted by the competent authorities.
The Fund performs missions in accordance with the uniform application directives by the European Commission.
S. 4. for the control and monitoring of financial transactions mentioned in article 2, it is created a Committee, chaired by a representative of the FPS.
This Committee is composed as follows:-three representatives of the Flemish Region or their alternates.
-of two representatives from the Walloon Region or their alternates.
-from a representative of the Region of Brussels - capital or his Deputy;
-of four representatives of professional organisations or their alternates.
The president may authorize experts to attend the meeting.
The president appoints a Secretary among the staff of the SPF.
5. the refunds of the operating costs of the SPF, carried out by Regions for the years 2000 to 2004, on the basis of agreements between the federal authority and the Regions in the implementation of Regulation (EEC) No 1101/89 of the Council of 27 April 1989 on structural improvements in inland waterway transport, remain acquired.
For the year 2005 operating expenses are set at 21.862,83 euros.
From the year 2006 until closing accounts of funds, operating expenses are fixed by the Compliance Committee referred to in article 4, on basis of a supporting note containing a statement of actual costs, borne by the SPF due execution tasks referred to in article 3.
The allocation of the amount between the Regions is based on the distribution key laid down during the period 1989 to 1999 when structural improvements of inland navigation, i.e. 81% for the Flemish region, 18% for the Walloon Region and 1% for the Brussels-Capital Region.
The amount payable for a given year is paid into the account designated by the SPF no later than 1 March of the following year.
S. 6. the financial surpluses that were available during the dissolution of the O.R.N.I. on the 'Inland sanitation' account and that came from a balance of a grant to the O.R.N.I. in pursuance of the provisions of the royal decree of 22 December 1988 allocating a grant to the O.R.N.I.
for the structural improvement of the Belgian inland waterway fleet and financial income arising from the performance of the tasks as a scrapping fund, are inscribed on a 'Sanitation' account, opened by the SPF.
These funds will be used to the extent of the means available on the account, for the financing of projects for the benefit of the Belgian inland navigation, in particular in the following areas:-support for training and organization of examinations for the professional competence of contractor for the carriage of goods in national and international transport by inland waterway or for the purpose of obtaining patents of conduct patent of the Rhine Patent radar, RDNA certificates, declarations deckhand, etc.;
-support for the equipment of vessels with new technologies in computer science school;
-Research new technologies contributing to the improvement of working conditions, technical requirements of safety and ecological investments.
Financial transactions on this account are revenues and expenditures for order.
S. 7. the projects referred to in article 6 may be introduced by services that are part of the federal or regional authorities by promotion organizations established in Belgium or by Belgian institutions that offer training courses in the area of inland navigation.
The introduction is done with the SPF according to a procedure laid down by this service.
The introduced folder contains at least the following information:-identification of the service data, organization or institution that introduced the project;
-a detailed description of the project;
-an estimate of the total cost of the project and the financing plan;
-of information on the potential external partners involved in the project.
Any inserted record will be submitted for approval to the Interministerial Conference of mobility, Infrastructure and telecommunications.
8. the State and the Regions, will take, everyone (e) in relation to them, the measures necessary for a permanent and effective surveillance, of the observation of the obligations that apply to companies under the regulation of the Council and shall provide for appropriate sanctions.
In particular the federal State ensures that documents necessary for the development of an inland navigation vessel are issued if the obligations imposed by Council regulation are met.
9. the present cooperation agreement is effective January 1, 2000, with the exception of articles 6 and 7, which come into force on the date of its signature.
It is published in the Moniteur belge.
Done at Brussels, 8 October 2010, in as many copies as there are parts.
For the State: The Prime Minister, Y. LETERME the Secretary of State for mobility, E. SCHOUPPE to the Flemish Region: the Minister of mobility and public works, H. Clarke for the Walloon Region: the Minister-President, R. DEMOTTE. the Minister of public works, of Agriculture, of rural life, of Nature, and the forest heritage, B. LUTGEN for the Brussels - Capital Region : The Minister of finance, the Budget, public service and External Relations, j.. VANRAES the Minister of public works, transport, the Port of Brussels and the policy of computer science, B.