9 MARCH 2004. - An Act to approve the Agreement between the Kingdom of Belgium and the Kingdom of the Netherlands on Arbitration concerning the Reactivation and Modernization of the Iron Rhine, concluded at The Hague by exchange of notes dated 22 July 2003 and 23 July 2003 (1)(2)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Agreement between the Kingdom of Belgium and the Kingdom of the Netherlands relating to arbitration concerning the reactivation and modernization of the Iron Rhine, concluded at the Hague by exchange of notes dated 22 July 2003 and 23 July 2003, will emerge its full and complete effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 9 March 2004.
ALBERT
By the King:
Minister of Foreign Affairs,
L. MICHEL
Minister of Mobility,
B. ANCIAUX
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Notes
(1) Session 2003-2004.
Senate.
Documents.
Bill tabled on 25 November 2003, No. 3-363/1.
Report, No. 3-363/2.
Text adopted by the Commission, no.
Annales parliamentarians.
Discussion, meeting of 8 January 2004.
Voting, meeting of 8 January 2004.
House of Representatives.
Documents
Project transmitted by the Senate, No. 51-689/1.
Report on behalf of the Commission, No. 51-689/2.
Text adopted in plenary and subject to Royal Assent, No. 51-689/3.
Annales parliamentarians.
Discussion, meeting of 5 February 2004.
Vote, meeting of 5 February 2004.
(2) This treaty will enter into force on 1^er July 2005, in accordance with its provisions.

Embassy of the Kingdom of Belgium
22 July 2003
A.71.92/3110
The Embassy of the Kingdom of Belgium presents its compliments to the Ministry of Foreign Affairs and, with reference to the official agreement reached at the 11 April 2003 consultation on the railway line "Rhin de fer", has the honour to propose the following:
The Kingdom of Belgium and the Kingdom of the Netherlands have agreed to submit the dispute that opposes them with respect to the reactivation of the "iron of iron" through the arbitration agreement reproduced below, to an Arbitral Tribunal to be appointed by the parties and to be placed under the auspices of the Permanent Court of Arbitration in The Hague, in order to obtain a binding decision from it.
"Belgium and the Netherlands agree that there is a right in the head of Belgium to the use, rehabilitation, adaptation and modernization of the Dutch section of the "Rhine de fer" historical track, and this is for the benefit of all Belgian and other railway companies that meet the conditions of market access.
In view of future investments for the "iron Rhine", both parties agree to submit the following issues to an Arbitral Tribunal under the auspices of the Permanent Court of Arbitration in The Hague:
1. To what extent does the Dutch legislation relating to the use, rehabilitation, adaptation and modernization of the railway lines in the Dutch territory and the resulting decision-making power apply, in the same way, to the use, rehabilitation, adaptation and modernization of the section of the "iron of iron" route that passes through the Dutch territory?
2. To what extent does there exist in the head of Belgium a right to execute or carry out work for the use, rehabilitation, adaptation and modernization of the historical track of the "iron of iron" in the Dutch territory and to determine all plans, characteristics and procedures relating to it under Belgian law and the resulting decision-making power? Is it appropriate to make a distinction between the requirements, standards, plans, characteristics and procedures related, on the one hand, with the functionality of the railway infrastructure itself and on the other, the development of the territory and the integration in it of this infrastructure and if so, what are the consequences? Can the Netherlands unilaterally impose the construction of tunnels, covered trenches, deviations, and any other similar measures, as well as the construction and security standards?
3. In what proportion, given the answer to the previous question, the various cost stations and the financial risks associated with the use, rehabilitation, adaptation and modernization of the historical track of the Iron Rhine in the Dutch territory must be supported by Belgium and the Netherlands? Is Belgium required to finance more investments than it is necessary for the functionality of the historic track of the railway line?
The Arbitral Tribunal is invited to decide on the basis of international law, including, where necessary, European law, taking into account, however, the obligations of the parties under Article 292 EC Treaty. »
The Kingdom of Belgium and the Kingdom of the Netherlands agreed to draft together the rules of procedure for arbitration based on the "Permanent Court of Arbitration Optional Rules for Arbitrating Disputes between two States". These procedural rules will be included in a common document.
The Kingdom of Belgium and the Kingdom of the Netherlands agreed to implement, as soon as possible, the decision of the arbitral tribunal by taking a decision on both the final layout and the temporary and limited reuse of the historic route.
The Embassy proposes that this note and the note in response to the Ministry together constitute a treaty between the Kingdom of Belgium and the Kingdom of the Netherlands, which will be provisionally applied as of the date of receipt of the note in response to the Ministry and which will enter into force on the first day of the second month following the date on which the two Governments, through diplomatic channels, will have mutually informed that it has been satisfied with the constitutional formalities required for the treaty.
The Embassy of the Kingdom of Belgium takes this opportunity to renew to the Ministry of Foreign Affairs the assurance of its very high consideration.
The Hague, 22 July 2003.

Ministry of Foreign Affairs
DJZ/VE - 646/03
The Ministry of Foreign Affairs of the Kingdom of the Netherlands presents its compliments to the Embassy of the Kingdom of Belgium and has the honour to acknowledge receipt of note n A.71.92/3110 of the Embassy, dated 22 July 2003, which reads as follows:
The Embassy of the Kingdom of Belgium presents its compliments to the Ministry of Foreign Affairs and, with reference to the official agreement reached at the 11 April 2003 consultation on the railway line "Rhin de fer", has the honour to propose the following:
The Kingdom of Belgium and the Kingdom of the Netherlands have agreed to submit the dispute that opposes them with respect to the reactivation of the "iron of iron" through the arbitration agreement reproduced below, to an Arbitral Tribunal to be appointed by the parties and to be placed under the auspices of the Permanent Court of Arbitration in The Hague, in order to obtain a binding decision from it.
"Belgium and the Netherlands agree that there is a right in the head of Belgium to the use, rehabilitation, adaptation and modernization of the Dutch section of the "Rhine de fer" historical track, and this is for the benefit of all Belgian and other railway companies that meet the conditions of market access.
In view of future investments for the "iron Rhine", both parties agree to submit the following issues to an Arbitral Tribunal under the auspices of the Permanent Court of Arbitration in The Hague:
1. To what extent does the Dutch legislation relating to the use, rehabilitation, adaptation and modernization of the railway lines in the Dutch territory and the resulting decision-making power apply, in the same way, to the use, rehabilitation, adaptation and modernization of the section of the "iron of iron" route that passes through the Dutch territory?
2. To what extent does there exist in the head of Belgium a right to execute or carry out work for the use, rehabilitation, adaptation and modernization of the historical track of the "iron of iron" in the Dutch territory and to determine all plans, characteristics and procedures relating to it under Belgian law and the resulting decision-making power? Is it appropriate to make a distinction between the requirements, standards, plans, characteristics and procedures related, on the one hand, with the functionality of the railway infrastructure itself and on the other, the development of the territory and the integration in it of this infrastructure and if so, what are the consequences? Can the Netherlands unilaterally impose the construction of tunnels, covered trenches, deviations, and any other similar measures, as well as the construction and security standards?
3. In what proportion, given the answer to the previous question, the various cost stations and the financial risks associated with the use, rehabilitation, adaptation and modernization of the historical track of the Iron Rhine in the Dutch territory must be supported by Belgium and the Netherlands? Is Belgium required to finance more investments than it is necessary for the functionality of the historic track of the railway line?
The Arbitral Tribunal is invited to decide on the basis of international law, including, where necessary, European law, taking into account, however, the obligations of the parties under Article 292 EC Treaty. »
The Kingdom of Belgium and the Kingdom of the Netherlands agreed to draft together the rules of procedure for arbitration based on the "Permanent Court of Arbitration Optional Rules for Arbitrating Disputes between two States". These procedural rules will be included in a common document.
The Kingdom of Belgium and the Kingdom of the Netherlands agreed to implement, as soon as possible, the decision of the arbitral tribunal by taking a decision on both the final layout and the temporary and limited reuse of the historic route.
The Embassy proposes that this note and the note in response to the Ministry together constitute a treaty between the Kingdom of Belgium and the Kingdom of the Netherlands, which will be provisionally applied as of the date of receipt of the note in response to the Ministry and which will enter into force on the first day of the second month following the date on which the two Governments, through diplomatic channels, will have mutually informed that it has been satisfied with the constitutional formalities required for the treaty.
The Embassy of the Kingdom of Belgium takes this opportunity to renew to the Ministry of Foreign Affairs the assurance of its very high consideration.
"The Ministry of Foreign Affairs has the honour to confirm that the Government of the Kingdom of the Netherlands can mark its agreement on the proposals made above and that the note by the Embassy of the Kingdom of Belgium and this note in reply together constitute a treaty between the Kingdom of the Netherlands and the Kingdom of Belgium which will be provisionally applied as of the date of receipt of this note in reply and which will enter into force on the first day of the second month following the second month
The Ministry of Foreign Affairs takes this opportunity to renew to the Embassy of the Kingdom of Belgium the assurance of its very high consideration.
The Hague, 23 July 2003.