Act On The Various Provisions Concerning Mobility (1)

Original Language Title: Loi portant des dispositions diverses concernant la mobilité (1)

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Posted the: 2011-12-23 Numac: 2011014306 SERVICE PUBLIC FEDERAL mobility and transport 2 December 2011. -Law concerning various provisions concerning mobility (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: chapter I:. -Provisions General Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
S.
2. this Act partially transposes: 1 ° Directive 2001/14/EC of the European Parliament and of the Council of 26 February 2001 on the allocation of capacity of railway infrastructure, railway infrastructure charges and safety certification;
2 ° Directive 2008/57/EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system within the community;
3 ° Directive 2007/59/EC of the European Parliament and of the Council of 23 October 2007 on the certification of train drivers operating locomotives and trains on the railway system in the community.
CHAPTER 2. -Amendments to the law of 4 December 2006 on the use of the railway infrastructure article 3. article 44 of the Act of 4 December 2006 on the use of the railway infrastructure is complemented by a second paragraph worded as follows: ' if it considers it necessary, the infrastructure manager may require, subject to reasonable compensation, of railway undertakings that they put at its disposal the means which deems it most appropriate to restore the normal situation as soon as possible. ''
S. 4. in article 65 of the same Act, the following amendments are made: 1 ° in the paragraph 1, the words "seisin" are replaced by the words "the receipt of all information."
2 ° in the Dutch text of paragraph 4, the word "dwingend" is replaced by the word "bindend.
S.
5. in article 67 of the Act, the § 1 is replaced by the following: "§ 1.» To cover the entire cost of operation and personnel of narcotics control, holders of a certificate of safety part B referred to in article 27 of the law of 19 December 2006 concerning the safety of railway operations and the holder of the safety authorisation referred to in article 23 of the Act of 19 December 2006 on the safety of rail operations to pay contribution to the federal public Service mobility and transport.
Per quarter, a quarter of the annual amount is due.
The overall contribution is split among holders of a certificate of security part B and the holder of the safety authorisation.
The part of the holder of the approval of security amounts to thirty per cent of the total amount.
The part of the holders of a certificate of security part B amounts to septante per cent of the total amount. This part is divided between the holders in proportion to the number of train-kilometres that they were delivered during the quarter closed three months before the quarter concerned by the fee. Train-kilometres, provided by each holder, are communicated by the holder of the approval of security to the federal public Service mobility and transport immediately after the close of each quarter. "CHAPTER 3. -Changes of the railway operating safety s. law of December 19, 2006 6. in Act of 19 December 2006 on the safety of railway operations, it is inserted an article 4/1 as follows: «art.» 4/1. Chapter V of title II does not apply to train drivers operating exclusively on sections of routes which are temporarily closed to normal traffic due to maintenance, renewal or redevelopment of the rail system. » Art.
7. in article 12, 11 °, of the same Act, replaced by the law of 26 January 2010, the words "other than" are inserted between the words "drivers", and the words "set forth in article 37/16;
».
S. 8A article 14/1 of the Act, inserted by the programme act of 22 December 2008, the following changes are made: 1 ° the § 1, replaced by the programme act of December 23, 2009, is complemented by two paragraphs worded as follows: "the fee referred to in paragraph 1, for the service requested for the safety authority, is calculated per half-day has begun. ''
The compensation for half a day amounts to 375 euros and is indexed. »;
2 ° § 3, replaced by the programme act of December 23, 2009, is replaced by the following: "§ § 3 3» In the event of non-payment of the fees referred to in §§ 1 and 2, the authorization is withdrawn after formal notice. » Art. 9. article 14/2 of the same Act, inserted by the programme act of 22 December 2008, is replaced by the following: «art.» 14/2. § 1. The railway infrastructure manager and railway undertakings are liable, as participation in the administrative costs of the authority of safety, for certification laid down in article 12, 11 ° and 12 °, by Member of staff who has a license on the date of January 1 of the current year, of an indexed annual fee.
The fee referred to in paragraph 1 shall be EUR 20.
In the event of non-payment of the fee referred to in paragraph 1, the Member of staff concerned licence is no longer valid.
§ 2. The applicant is liable to pay, as participation in the administrative costs of the safety authority, for the tasks referred to in article 37/16, § 1, 1 °, an indexed fee.
The fee referred to in paragraph 1 shall be 100 euros for the initial issuance, including updating and modification of the licence.
The fee referred to in paragraph 1 shall be 100 euros for the renewal, including updating and modification of the licence.
The fee referred to in paragraph 1 shall be EUR 40 for the issuance of duplicates.

§ 3. Persons or entities referred to in article 37/16, § 1, 4 °, shall be liable, as a contribution to the costs of the examination of the file by the safety authority, an indexed fee.
The fee referred to in paragraph 1 is set at 2,000 euros for railway undertakings that form their own staff.
The fee referred to in paragraph 1 is set at 2,500 euros for railway companies that train their staff and third parties.
The fee referred to in paragraph 1 is set at 2,500 euros for other businesses or organizations. » Art. 10. article 14/4A, inserted by the programme act of December 23, 2009, is replaced by the following: «art.» 14/4bis. § 1.
The applicant for a verification of compliance with the requirements referred to in article 40, paragraph 2, is liable to pay, as a contribution to the costs of the security authority for the verification of compliance, an indexed fee.
The fee referred to in paragraph 1 is set at 2,000 euros.

§ 2. Compliance with the requirements referred to article 40, paragraph 2, is mentioned in the safety approval for the railway infrastructure manager or the railway undertaking as soon as safety certificate the payment of the fee referred to the § 1 is carried out. » Art. 11. in title II, chapter II, section 2/1, of the Act, inserted by the programme act of 22 December 2008 article be inserted a 14/4B as follows: «art.» 14/4B. § 1. The amount of the fees referred to in articles 14/1 to 14 / 4A is linked to the health of December 2009 index.
For subsequent years, the total amount is adapted each year based on the health index of December of the year preceding the year in question.

§ 2. The fees referred to in articles 14/1 to 14 / 4A are paid to the federal public Service mobility and transport, no later than thirty days after the date of the invitation to pay and by following the instructions contained in this invitation.
§ 3. In the case of the fee referred to in article 14/2, § 3, the time limit referred to in article 14, paragraph 2, begins to run from the date of receipt of payment and as long as the folder is full. » Art. 12. in article 33, paragraph 3, of the Act, replaced by the programme act of December 23, 2009, paragraph 2 is replaced by the following: "the royalties are paid to the federal public Service mobility and transport, no later than thirty days after the date of the invoice and by following the instructions contained in this invoice.»
S. 13. in article 33/1, § 1, of the Act, inserted by the programme act of December 23, 2009, paragraph 6 is replaced by the following: «the part of holders of a certificate of security part B amounts to septante per cent of the total amount. This part is divided between the holders in proportion to the number of train-kilometres that they were delivered during the quarter closed three months before the quarter concerned by the fee. The train-kilometres, provided by each holder of a certificate of security part B, are communicated by the holder of the approval of security to the federal public Service mobility and transport immediately after the close of each quarter. » Art. 14. in article 33/2, § 3, of the Act, inserted by the programme act of December 23, 2009, paragraph 4 is replaced by the following: "the part of the holders of a certificate of security part B is distributed among holders in proportion to the number of train-kilometres that they were delivered during the quarter closed three months before the quarter concerned by the fee. The train-kilometres, provided by each holder of a certificate of security part B, are communicated by the holder of the approval of security to the federal public Service mobility and transport immediately after the close of each quarter. »

S. 15. in article 33/3 of the same Act, inserted by the programme act of December 23, 2009, the § 1 is replaced by the following: "§ 1.» The holder of the approval of safety and a safety part B certificate holders pay the fees referred to in articles 33/1 and 33/2 to the federal public Service mobility and transport at the beginning of the quarter, no later than thirty days after the date of the invoice and by following the instructions contained in this invoice. » Art.
16. in article 37/6 of the same Act, inserted by the law of 26 January 2010, inserted a § 4, as follows: "§ § 4 4» The safety authority shall ensure that the register established by virtue of § 1 be used exclusively for the following purposes: 1 ° the holding of the elements of fact and of law on issuance, update, extension, modification, expiration, suspension, withdrawal, loss, theft and destruction of all licences;
2 ° the holding of personal data identified by the King, which are necessary to achieve the objective referred to in 1 °.
When the safety authority intervenes in accordance with the provisions of this section, all the provisions of the law of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data, unless this Act derogates, must be respected. » Art. 17. in article 37/14 of the same Act, inserted by the law of 26 January 2010, inserted a § 4, as follows: "§ § 4 4» The railway infrastructure manager and railway undertakings shall ensure that the register they created pursuant to the § 1 be used exclusively for the following purposes: 1 ° the holding of the elements of fact and of law on issuance, update, extension, modification, expiration, suspension, withdrawal, loss, theft and destruction of all certificates of conduct or copies of certificates of conduct;
2 ° the holding of personal data identified by the King, which are necessary to achieve the objective referred to in 1 °.
When the railway infrastructure manager and railway undertakings are involved in accordance with the provisions of this section, all the provisions of the law of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data, unless this Act derogates, must be respected. » Art. 18. in article 37/16, § 1, of the Act, inserted by the Act of January 26, 2010, a 10 ° shall be inserted, worded as follows: "10 ° recognize persons or bodies responsible for the medical examination and the professional psychological examination referred to in article 37/27, § 1, 2 ° and 3 °.» » Art. 19. in article 37/17 of the same Act, inserted by the Act of January 26, 2010, the following changes are made: 1 ° 1st paragraph is replaced by the following: ' the people or training centres and the examiners or examination centres are recognised by the safety authority for the purposes of the tasks referred to in articles 37/19, paragraph 1, 37/20. paragraphs 1 and 2, and 37/22. »;
2 ° in paragraph 6, the words "persons and organizations" are replaced by the words "of persons or bodies.
S. 20. in article 37/22, paragraph 4, of the Act, inserted by the law of 26 January 2010, 'the King' shall be replaced by the words «safety authority».
S. 21 § 1. In article 37/27 of the same Act, inserted by the Act of January 26, 2010, the following changes are made: 1 ° in the § 1, 1 ° and 7 ° are repealed;
2 ° in the § 1, 3 °, the word "review" is replaced by the word "onderzoek" in the Dutch text.
3 ° in the § 1, 3 ° bis is inserted, written as follows: «3 ° bis: rules for application and the issuance of recognition and the rules for the renewal, adaptation, withdrawal or suspension of recognition; "
4 ° in § 2, 1 ° and 6 ° are repealed;
5 ° in § 2, 7 °, the words «artikel 37/15, § 1 "are replaced by the words" artikel 37/15, § 2 ' and the word 'review' by the word 'keuring' in the Dutch text.
6 ° in § 4, under 2 °, the words "lesgevers in" are replaced by the words 'personen of' in the Dutch text.
7 ° in § 4, under 2 °, the provision is supplemented with the words "and the procedure for adaptation, renewal, suspension and withdrawal of recognition".
8 ° § 5 is supplemented by 5 ° and 6 ° worded as follows: «5 ° stop criteria of recognition of persons or bodies responsible for the medical examination and the terms of this medical examination;»; «»
6 ° shall adopt the criteria of recognition of persons or bodies responsible for the professional psychological examination and the modalities of this review. ».
§ 2. Article 37/27 of the same Act is supplemented by a § 6, as follows: ' ' § § 6 6 In all cases referred to in this article, the protection of privacy as guaranteed, inter alia, by the law of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data will be respected.
Before making use of one or more of the entitlements under this article, the King asks the opinion of the Committee on the protection of privacy.
By derogation from article 29, paragraph 2, of the above-mentioned Act, the protection of Privacy Commission deliver its opinion within a period of thirty days after all necessary data have been transmitted. » Art. 22. in article 53, paragraph 2, of the Act, the words "annex V" are replaced by the words 'Annex III '.
S. 23. in the same Act, "lesgevers of opleidingscentra" are each time replaced by the words "personen of opleidingscentra" in the Dutch text.
S. (24 in Schedule V to the Act, inserted by the Act of January 26, 2010, the following changes are made: 1 ° step 2, b), is replaced as follows: "(b)) the words"Kingdom of Belgium/Koninkrijk België/Königreich Belgien ';
2 ° the point 2 is complemented by an e) as follows: 'e) card number '.
CHAPTER 4. -Amendments to the law of 26 January 2010 on the interoperability of the rail system within the Community European art. 25. in article 53 of the Act of January 26, 2010 on the interoperability of the rail system within the European Community, the last sentence is completed as follows: «, the procedure for the issuance of the approval and the rules of control, suspension and withdrawal of approval.
S. 26. in article 57 of the Act, the words "and the detailed rules for submission of the application for designation of bodies referred to in article 56" shall be replaced by the words ", detailed rules for submission of the application for designation of bodies referred to in article 56, the procedure for granting and the arrangements for control, suspension and revocation of the designation."
S. 27. article 61, paragraph 3, of the Act is supplemented by a paragraph worded as follows: 'when the safety authority acts under the provisions of this article, it meets the provisions of the law of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data.
» CHAPTER 5. -Fund budgetary article 28 § 1 in accordance with article 62, § 1, of the law of 22 May 2003 on the organisation of the budget and the accounts of the federal State, a budgetary Fund to the functioning of the economic regulation of the rail authority, referred to as narcotics control, is created.
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2. In the table annexed to the Act of 27 December 1990 creating budgetary funds, section 33, as last amended by the programme act of December 23, 2009, is completed as follows: "description of the organic budget funds: 33-11 Fund for the operation of the Rail Transport Regulation.»
Nature of assigned revenue: the fee provided for in article 67 of the Act of 4 December 2006 on the use of the railway infrastructure.
Reimbursement of costs and other income related to activities relating to the Regulation of Rail Transport.
Nature of authorized expenses: costs of staff and operation of any nature concerning the Regulation of Rail Transport. » Art. 29. in the table annexed to the Act of 27 December 1990 creating budgetary funds, sub-heading 33-8, inserted by the programme act of 22 December 2008, is replaced by the following: ' description of the organic budget funds: 33-8 funds for the maintenance of the economic regulation of Brussels-National Airport Authority. "
Nature of assigned revenue: fees consist of the fee provided by section 53 of the Act of 20 July 2005 on various provisions to be paid by the private law The Brussels Airport Company SA.
Nature of authorized expenses: costs of staff and operation of any nature concerning the economic regulation of Brussels-National Airport Authority. » Art. 30. in the table annexed to the Act of 27 December 1990 creating budgetary funds, under the subheading 33-9, inserted by the programme act of December 23, 2009, the nature of the assigned revenue is supplemented as follows: '-repayment of fees and other income related to the activities of the rail safety authority. "
» Art. 31. in the table annexed to the Act of 27 December 1990 creating budgetary funds in subheading 33-10, inserted by the programme act of December 23, 2009, the nature of the assigned revenue is supplemented as follows:

"- the refund of fees and other income related to the activities of the rail accident investigation body."
CHAPTER 6. -Confirmation of the royal decree of February 14, 2011, determining the sanctions regime applicable in the event of violation of the provisions of Regulation (EC) no 1371/2007 of the European Parliament and of the Council of 23 October 2007 on the rights and obligations of rail passengers s. 32. the royal decree of February 14, 2011, determining the sanctions regime applicable in the event of violation of the provisions of Regulation (EC) no 1371/2007 of the European Parliament and of the Council of 23 October 2007 on the rights and obligations of rail passengers is confirmed with effect from March 4, 2011.
CHAPTER 7. -Confirmation of the royal decree of February 23, 2011, laying down the procedures governing the functioning of the mediation Service for rail passengers during the transitional period referred to in article 18 of the law of 28 April 2010 on miscellaneous provisions art. 33. the royal decree of February 23, 2011, laying down the procedures governing the functioning of the mediation Service for rail passengers during the transitional period referred to in article 18 of the law of 28 April 2010 on various provisions is confirmed with effect from 14 March 2011.
CHAPTER 8. -Amendment of the law of 20 July 2006 on miscellaneous provisions art. 34 article 355, paragraph 2, of the law of 20 July 2006 on miscellaneous provisions, inserted by the law of December 23, 2009, the number "200"is replaced by the number "290". "
CHAPTER 9. -Disposition final art. 35. except with regard to articles 5, 28 and 29 which the date of entry into force is determined by the King, this Act comes into force the tenth day after its publication in the Moniteur belge.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, December 2, 2011.
ALBERT by the King: the Prime Minister, Y. LETERME the Minister for Budget, G. VANHENGEL the Minister of public service and public enterprises, Ms. I. VERVOTTE. the Secretary of State for mobility, E. SCHOUPPE the Secretary of State for the Budget, M. WATHELET Scellé of the seal of the State: the Minister of Justice, S. DE CLERCK _ Note (1) Session 2010-2011.
House of representatives.
Documents. -Bill, 53-1741 - No. 1. -Amendment 53-1741 - No. 2. -Report, 53-1741 - No. 3. -Text adopted by the Commission, 53-1741 - No. 4. -Text adopted in plenary meeting and forwarded to the Senate, 53-1741 - No. 5.
Compte rendu intégral. -20 October 2011.
Senate.
Documents. -Project not mentioned by the Senate, 5-1280. -NO. 1.