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22 MARCH 2002. - An Act to approve the cooperation agreement of 11 October 2001 between the Federal State, the Flemish, Walloon and Brussels Capital Regions relating to the multi-year investment plan 2001-2012 of the S.N.C.B.

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. It is assented to the cooperation agreement of 11 October 2001 between the Federal State, the Flemish, Walloon and Brussels-Capital Regions relating to the multi-year investment plan 2001-2012 of the S.N.C.B. as annexed.
Given at Châteauneuf-de-Grasse, March 22, 2002.
ALBERT
By the King:
Minister of Mobility and Transport
Ms. I. DURANT
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Notes
(1) Parliamentary references:
House of Representatives documents: 50-1463-2001/2002
No. 1: Bill
No. 2: Amendment
N° Opinion of the State Council
Number 4: Report
N° Text adopted
Senate documents: 2-933-2001/2002
Number 1: Project transmitted by the Chamber
No. 2: Amendments
Number 3: Report
Cooperation Agreement and Annexes
Agreement of cooperation between the State, the Flemish Region, the Walloon Region and the Brussels-Capital Region relating to the multi-year investment plan 2001-2012 of the S.N.C.B.
Having regard to Article 39 of the Constitution;
Considering the special law of 8 August 1980 on institutional reform, as amended by the special law of 8 August 1988 on institutional reform and the special law of 16 July 1993 on institutional reform;
Considering the special law of 12 January 1989 on the Brussels Institutions, including Article 42;
Considering the " Ruimtelijk Structuurplan Vlaanderen" of the Flemish Region;
Considering the "Schema of Regional Space Development" of the Walloon Region;
Considering the "Regional Development Plan" of the Brussels-Capital Region;
Given the priorities set by the Federal Government on 17 October 2000;
Having regard to the decision of the Federal Council of Ministers of 30 March 2001 on the synthesis report of the working group S.N.C.B.;
Considering that the parties involved are determined to put in place an attractive rail transport offer in relation to road transport, with a view to ensuring a modal transfer that will allow railways to transport 50% more people and goods by 2012;
Considering that, in order to implement the offer of rail transport, it is essential to establish and commit to the planning and realization of investments over a period of twelve years;
Considering that the OECD report "Review of Environmental Performance for Belgium" notes that in Belgium, the figures of per capita traffic per GDP unit are among the highest in the OECD;
Considering that, as it pursues a modal transfer objective, the multi-year investment plan is part of Belgium's goal of reducing greenhouse gases by ratifying the Kyoto agreement in 1997 (reduction of greenhouse gas emissions by 7.5% in 2008-2012 compared to 1990) and that the same is true of the Rio declaration of 14 June 1992 on environment and development;
Considering the Federal Sustainable Development Plan 2001-2004, approved by Royal Decree of 19 September 2000 pursuant to the Law of 5 May 1997 on the Coordination of Federal Policy on Sustainable Development, in that this plan considers modal transfer as essential to sustainable development;
Considering the RER project as approved by the Federal Government on 20 April 2001;
Whereas the purpose of this Agreement is the mutual commitments of the parties to enable the realization of the work of railway infrastructure and their follow-up by an ad hoc body;
Whereas the parties undertake to cooperate and implement the necessary means to:
- ensuring the issuance of the various authorizations and permits required according to the various regulations within their respective competences in order to allow the completion of the work according to the schedules presented in the investment plan,
- to ensure the pre-financing of certain projects that the parties wish to anticipate in relation to the plans under the multi-year investment plan;
Whereas the Concertation Committee referred to in Article 31 of the Ordinary Law of Institutional Reforms of 9 August 1980, shall rule in the framework of the execution of this Agreement in accordance with Article 33 by consensus procedure;
The Federal State represented by Mr. Guy Verhofstadt, Prime Minister of the Federal Government and Ms. Isabelle Durant, Deputy Prime Minister of the Federal Government responsible for Mobility and Transport;
The Flemish Region, represented by the Flemish Government, in the person of its Minister-President, Mr. Patrick Dewael, in charge of Finance, Budget, External Policy and European Affairs, by Mr. Steve Stevaert, Minister Vice-President of the Flemish Government in charge of Mobility, Public Works and Energy and Mr. Dirk Van Mechelen, Minister of Finance,
The Walloon Region, represented by its Government, in the person of its Minister-President, Mr.Jean-Claude Van Cauwenberghe, Head of International Relations, Mr. José Daras, Minister Vice-President of the Walloon Region responsible for Transport, Mobility and Energy and Mr. Michel Foret, Minister of the Walloon Region responsible for the Development of the Territory, Urbanism and the Environment;
The Region of Brussels-Capital, represented by its Government, in the person of its Minister-President, Mr François-Xavier de Donnea, in charge of the local authorities, of the Planning of the Territory, of the Monuments and Sites, of the Urban Renovation and of the Scientific Research, by Mr. Jos Chabert, Minister of the Region of Brussels-Capital responsible for Public Works, the Transports, of the
Jointly exercising their own skills, agree to the following:
CHAPTER I^er. - General provisions
Article 1^er. This agreement is taken without prejudice to the division of competence between the parties, as determined by the special law of 8 August 1980 of institutional reform, as amended by the special law of 8 August 1988 of institutional reform and the special law of 16 July 1993 of institutional reform.
The parties confirm the federal character of S.N.C.B. in accordance with the principle of the company's uniqueness.
Art. 2. Under this Agreement, the following means:
1. “The parties”: The Federal Government, the Walloon Government, the Flemish Government and the Government of the Brussels-Capital Region;
2. "Invest Plan": the multi-year investment plan containing the planning of railway investments over several years relating to the acquisition, development, maintenance, management and operation of infrastructure, as well as investments in rolling stock, thus describing the relationship between the transportation supply and infrastructure needs, as approved by the Federal Council of Ministers.
3. "Concertification Committee": the body referred to in section 31 of the ordinary law of institutional reforms of August 9, 1980.
CHAPTER II. - Executive Committee of Ministers of Mobility
Art. 3. In order to strengthen permanent cooperation with the Regions, the establishment of an Executive Committee of the Ministers of Mobility (C.E.M.M.) in which the three regional Ministers with public transport and/or mobility sit in their responsibilities as well as the Federal Minister with rail transport in their responsibilities. The latter chairs the committee.
The secretariat is provided by the Federal Public Mobility Service.
This committee is responsible for reviewing the public transport coordination policy and monitoring the implementation of the investment plan. To that end, the competent bodies of the NBC are heard by the committee.
Ministers with territorial development in their responsibilities may be invited to the C.E.M.M. meetings. The same applies to federal and regional public transit companies. C.E.M.M. adopts a rules of procedure that determines, inter alia, the deliberation of the committee.
CHAPTER III. - Investment Plan
Art. 4. The annexed investment plan was issued by the Board of Directors of the NBC on 1^er June 2001.
The plan is amended by this Agreement and by the explanatory note of 14 July 2001 annexed to this Agreement. The amended plan is approved by the parties and is an integral part of this agreement.
The parties agree to register in the indicative schedule indicated in the plan.
Art. 5. The investment plan is spread over a twelve-year period.
Art. 6. § 1^er. The needs of the investment plan as determined by the NBC Board of Directors on 1^er June 2001, amounting to CHF 687.6 billion 1999 and is broken down as follows:
- Maintenance of capacity 143.1 Mia
- Capacity Extension 176.2 Mia
- Rolling equipment 150,5 Mia
- Travellers 23,7 Mia
- Production equipment 35.5 Mia
- TGV 96.1 Mia
- Mobility Brussels 62.5 Mia
§ 2. As acted by the Board of Directors of the NBC on 1^er June 2001, it is anticipated that funding for these needs will be covered as follows:
- Ministry 391.0 Mia
- TGV Financial 68.3 Mia
- RER Fund 62.5 Mia
- Clean funds S.N.C.B. 65.0 Mia
- ETCS (Europe) 3.3 Mia
- Alternative financing 97,5 Mia
§ 3. With the exception of investments made in the territory of the Brussels-Capital Region, rolling stock investments and specific projects for which no key is applicable under the investment plan approved by the Federal Council of Ministers, the key to the budgetary allocation of investments is 60% for the Flemish Region and 40% for the Walloon Region. This key is respected for each calendar year between 2001 and 2012, in accordance with the forecast table annexed to this Agreement.
CHAPTER IV. - Commitments of Parties
Art. 7. The parties undertake to complete, as soon as possible, the procedures relating to requests for administrative authorizations and permits required in accordance with the various regulations within their competence for the projects included in the investment plan.
In particular, the parties are committed to dedicating security investments - including the installation of antennas as part of the implementation of telecommunications equipment and the removal of grade crossings - the benefit of the emergency.
Art. 8. The government of the Flemish Region, the government of the Walloon Region and the government of the Brussels-Capital Region undertake to complete the various procedures relating to requests for administrative authorizations and permits required according to the various regulations derived from their competences, such as the urbanisation permits, within a maximum period of eighteen months from the introduction of the complete file by the applicant, both for the project to four routes Licence applications are processed independently for each project.
Art. 9. The government of the Flemish Region and the government of the Brussels-Capital Region undertake to complete the various procedures relating to the various administrative authorizations and permits required according to the various regulations derived from their competences, such as the urban planning permits, within a maximum period of eighteen months from the introduction of the complete file by the applicant, both for the project to three or four routes of line 50A between Brussels and Brussels Licence applications are processed independently for each project.
Art. 10. If it is purchased, the Regions undertake to amend the various plans for urban planning and land use in order to be able to meet the commitments of this Agreement. In this case, the deadlines referred to in Articles 8 and 9 of this Agreement are extended by twelve months from the date of application, with the exception of the project to establish a new line between Brussels and Mechelen, for which this period is extended by twenty-four months.
In view of the importance of the four projects referred to in Articles 8 and 9, and in view of their interregional nature, the Regions undertake to make every effort to minimize any intermediate delays in the various stages of the licensing and administrative authorization procedures.
Art. 11. The deadlines set out in articles 8, 9 and 10 are suspended:
- in the event of force majeure, duly recognized by the consultation committee;
- where the delay is attributable to the applicant for the permit or authorization and duly recognized by the consultation committee.
Art. 12. If the authorizations referred to in sections 8 and 9 are not issued within the prescribed time limits (respectively eighteen and thirty months), it cannot, after information from the consultation committee, be applied to sections 14 and 15 until the authorizations referred to in sections 8 and 9.
Art. 13. The federal government instructed the S.N.C.B. to introduce before the end of 2002, to the relevant regional authorities, the records relating to requests for administrative and permit authorizations required, for the four-way projects of line 161 between Brussels and Ottignies, for the four-way project of line 124 between Brussels and Nivelles and for the second-way project of the port of Antwerp. Prior to the end of 2001, the S.N.C.B. introduced a file for the second railway tunnel under the Escaut, which will allow the start of the Spatial Implementation Plan procedure.
CHAPTER V. - Pre- and Co-financing
Art. 14. Each Region may ensure the uninterested pre-financing of infrastructure projects of regional interest in its territory and for which permits and authorizations derived from its competencies are granted, up to a maximum of 20 billion in capital or 2.5 billion in annual interest charges. Pre-financing is done by a subordinate loan issued by the NBC, whose interest charges are borne by the Region. The loan is guaranteed by the state. The fees are borne by the Region. Pre-funded amounts shall be reimbursed by the federal State in accordance with the annexed documents referred to in Article 4 of this Agreement.
Art. 15. The S.N.C.B. negotiates, at the request of a Region, the co-financing of work on large railway investments up to 8 billion for the Flemish Region and 4 billion for the Walloon Region. These amounts may be increased by qualification of this work by the Concertation Committee as work of interest to the national economy. Any form of co-financing by the Regions comes in excess of the amount of 687.6 billion, referred to in section 6, and has no influence on the budget allocation key.
CHAPTER VI. - Regional express network in and around Brussels
Art. 16. The parties undertake to finalize and conclude the cooperation agreement on R.E.R. as soon as possible. The parties agree that the cooperation bodies necessary for the organization of the R.E.R. will be organized at both the strategic and operational levels.
Art. 17. A portion of the rolling stock for R.E.R. must be available in 2005 to allow the commissioning by 31 December 2005 of the first two lines of R.E.R.
CHAPTER VII. - Final provisions
Art. 18. Disputes between parties born from the interpretation and execution of this Agreement shall be decided by a court as referred to in Article 92 bis, §§ 5 and 6, of the special law of 8 August 1980 of institutional reforms.
Art. 19. This Agreement binds the parties on the day following the concurrence of the Federal Chambers, the Flemish Council, the Walloon Region Council and the Brussels Capital Region Council.
The Prime Minister,
G. VERHOFSTADT
Deputy Prime Minister
Minister of Transport and Mobility,
Ms. I. DURANT
For the Flemish Region:
The Minister-President,
P. DEWAEL
Vice-President and Minister of Mobility, Public Works and Energy,
S. STEVAERT
Minister of Budget and Finance, Innovation,
Land and Media Development,
D. VAN MECHELEN
For the Wallone Region:
The Minister-President,
J-Cl. VAN CAUWENBERGHE
Vice-President and Minister of Transport,
of Mobility and Energy,
J. DARAS
Minister of Land Planning,
Urbanism and the Environment,
Mr. FORET
For the Brussels-Capital Region:
The Minister-President,
F.-X. DONNEA
Minister of Public Works, Transport, Incensing and Emergency Medical Assistance,
J. CHABERT
The Secretary of State for Mobility, Public Service, Anti-Incensorship and Emergency Medical Assistance,
R. DELATHOUWER
The Secretary of State for the Land Planning,
Monuments and Sites and Paid Transport of Persons,
W. DRAPS
Annex to the S.N.C.B. Multi-year Investment Plan Cooperation Agreement 2001-2012
Explanatory Note - 14 July 2001
1. Impact of the Walloon Region position
Of the 687.6 billion, a total of 375 billion corresponds to investments subject to distribution key 60/40 in the Flemish Region (225 billion) and in the Walloon Region (150 billion).
The choice of the Walloon Region in favor of the four tracks on the Brussels-Ottignies axis provides an amount available on the envelope of the Flemish Region of 2.190 billion and on the Brussels-Capital Region of 2,383 billion.
2. Investment Plan Financing Principles
The basic principle is that the financing of investments, apart from the investments made in the territory of Brussels-Capital, rolling stock investments and specific projects for which no key is applicable, is ensured according to the distribution key 60/40, for each calendar year between 2001 and 2012.
Items 3, 4 and 5 below describe specific projects for which no key is applicable.
In addition, the amount of pre-financing, as provided for in Article 14 of the draft cooperation agreement on the investment plan, is limited to a maximum of 20 billion in capital or 2.5 billion in annual interest charges by Region and aims to anticipate certain work in accordance with the key of 60/40. Pre-financing will be made by subordinate loans issued by the NBC, whose interest charges are borne by the Region; the loan is guaranteed by the State (the associated costs are borne by the Region).
The hypothesis is that the amount of $97.5 billion in alternative financing is provided by S.N.C.B. to ensure the overall amount of $87.6 billion over 12 years without impact on primary expenditures.
Any form of co-financing by the Regions comes in addition to the total amount of 687.6 billion. The Flemish region will be invited to co-finance 8 billion and the Walloon region 4 billion. These amounts can be increased by recognition by the Committee for Consultation as work of interest to the national economy. The co-financing technique has no influence on the 60/40 distribution key.
Pre-financing and co-financing techniques will accelerate the implementation of investments in the regions concerned (e.g. the Port of Antwerp before 2010, the international link to Luxembourg).
3. National interest projects
The access infrastructure at the Brussels-National airport (10 billion) is located outside the Flemish region's quota.
4. Transregional projects
Lines 161 and 124 on the Flemish territory and the modernization of these lines on the Flemish territory (8.2 mld) are removed from the Flemish quota.
5. International and transnational projects
The modernization of the line to Luxembourg is removed from the Walloon quota for 6.6 mld.
Thus, the amount of 375 billion to be allocated according to key 60/40 is reduced by 24.8 billion, which gives an amount of 350.2 billion that is distributed in 210.1 billion for the Flemish Region and 140.1 billion for the Walloon Region.
6. Connection of the diabolo to line 26
The connection of the branch to Brussels from the diabolo to line 26 (territory of the Brussels-Capital Region) will also be provided in the investment plan of the S.N.C.B.
This investment will be funded as part of the amounts available under the "mobility supplement" section of the investment plan.
7. Financing of rolling stock R.E.R.
It is proposed that some of the R.E.R. rolling stock funding be provided within the envelope of 687.6 billion.
In order to identify the means necessary for this new approach, it is proposed that:
- to reallocate the Brussels amount of 2.4 billion cleared by the Walloon choice (see point 1)
- to release within the passenger rolling stock envelope (74.4 billion) an amount of 5.5 billion
- to release within the rolling stock envelope (car acquisition) an amount of 1 billion;
- to release within the production tool envelope an amount of 1.6 billion.
This release allows the acquisition of R.E.R. rolling stock to affect $10.5 billion.
Since the total amount for the acquisition of R.E.R. rolling stock is $30.8 billion, it will remain to be funded $20.3 billion by a specific leasing, whose expenses will be accumulated with the operating deficit of the R.E.R.
Part of the R.E.R. rolling stock will be available by the end of 2005 to allow the first two lines of the R.E.R. as described in the file approved by the Council of Ministers of 20 April 2001.
8. Needs analysis
The parties agree to implement from 2002 a comprehensive study of mobility needs in the country and how railways can meet them.
The findings of this study will be available during the first part of 2003 and will be used to refine and adjust investment choices in accordance with point 2 above.
In this context, the implementation of a regional express network in Antwerp and Liège will be studied in depth.
Similarly, aspects related to P+R, cross-border relations and the reactivation of railway sections will be studied.
9. R.E.R. Cooperation Agreement
The parties undertake to finalize and conclude the cooperation agreement on R.E.R. as soon as possible.
The parties agree that the cooperation bodies necessary for the organization of the R.E.R. will be organized at both the strategic and operational levels in accordance with the draft cooperation agreement on R.E.R. as approved by the Council of Ministers on 20 April 2001.
10. Various points in the investment plan to be specified
10.1. Priority entry in the investment plan for the insertion of line 161 in the East pertuis of the North-Midi Jonction.
10.2. Investments on lines 26 and 28, completion of the terminal du Midi, modernization of Brussels stations: to be specified in the investment plan and to be finalized in the framework of a state/Brussels-Capital/S.N.C.B. consultation
10.3. Specific inscription in the investment plan of the link 161 - 139 to the approach of Ottignies and the redevelopment of the railways in the station of Ottignies.
10.4. Additional investments requested in the Walloon Region: to be specified in the investment plan and to be finalized in the framework of a State/ Walloon Region/S.N.C.B.
10.5. Possible additional investments requested in the Flemish Region: to be specified in the investment plan and to finalize the framework for a Flemish State/Région/S.N.C.B.
11. Executive Committee of Ministers of Mobility
The establishment of the Executive Committee of Ministers of Mobility (C.E.M.M.) is provided for in Article 3 of the draft cooperation agreement on the investment plan.
Within the framework of the C.E.M., it will be possible to organize specific consultations involving the State, the S.N.C.B. and a Region.
The deliberation procedure will be provided by a rules of procedure.
12. Follow-up
The S.N.C.B. is tasked by the federal government to update the investment plan as soon as possible based on the options in this note and in the draft cooperation agreement on the investment plan.
The S.N.C.B. is also responsible for advancing as quickly as possible in the search for pre-financing and co-financing with potential partners so that a maximum of elements can be integrated into the next management contract.
The Prime Minister,
G. VERHOFSTADT
Deputy Prime Minister
Minister of Transport and Mobility,
Ms. I. DURANT
For the Flemish Region:
The Minister-President,
P. DEWAEL
Vice-President and Minister of Mobility, Public Works and Energy,
S. STEVAERT
Minister of Budget and Finance, Innovation, Land and Media Planning,
D. VAN MECHELEN
For the Wallone Region:
The Minister-President,
J-Cl. VAN CAUWENBERGHE
Vice-President and Minister of Transport,
of Mobility and Energy,
J. DARAS
Minister of Land Planning,
Urbanism and the Environment,
Mr. FORET
For the Brussels-Capital Region:
The Minister-President,
F.-X. DONNEA
Minister of Public Works, Transport, Incensing and Emergency Medical Assistance,
J. CHABERT
The Secretary of State for Mobility, Public Service, Anti-Incensorship and Emergency Medical Assistance,
R. DELATHOUWER
The Secretary of State for the Land Planning,
Monuments and Sites and Paid Transport of Persons,
W. DRAPS

For the consultation of the table, see image