Access to training facilities:
Train drivers who want to circulate on the Belgian rail infrastructure must possess the necessary qualifications to do so. In particular, they must undergo training in a training center approved by the national safety authority (SSICF) and pass the exam.
Three training schools are currently active in Belgium: one from SNCB, one from Lineas (Rail Training Institute) and one from Crossrail.
As a result of the liberalization of freight transport and passenger transport, other railway undertakings can also circulate in Belgium. In order to offer them the possibility of having certified train drivers for this purpose, the legislator has foreseen that the certified training centers should be open to third parties. They are therefore not allowed to act discriminatively when providing their training.
The prices charged by the training centers must also not be discriminatory. In other words, they must charge every participant in a training the same price for the same service. Moreover, the legislation stipulates that the price must be related to the cost of the service. However, the price may include a fair margin.
Since the conditions for non-discriminatory access and the price setting are aspects of economic regulation, the Regulatory Body is authorized to launch a monitoring mission in order to verify the certified training centers comply with these requirements or not.
Renewal operating license:
The operating license, which is the license issued for an indefinite period to operate Brussels Airport, must be renewed in certain cases.
The regulations list the situations in which the airport operator must submit a request for renewal to the Regulatory Body. More specifically, it concerns changes to the company of the licensee itself, such as a change of control, a merger, a division, or the transfer of the license itself.
The request for renewal must be submitted to the Regulatory Body before the operation takes place.
The Regulatory Body then examines the application for renewal on the basis of certain criteria that are provided for by the regulations. He can request additional information from the airport operator.
Within 20 working days after the submission of a complete dossier by the licensee, the Regulatory Body issues an advice to the Minister of Mobility, with a proposal to decide whether or not to renew the license. The Minister must make a final decision within 80 working days from the submission of the complete file by the operator.
If the renewal is granted, it will be announced by Royal Decree. If the renewal is refused, the operator will be informed accordingly. If no decision is taken within 80 working days, the license is automatically renewed.
Revision operating licence:
The Regulatory Body can advise the King to adapt certain conditions of the license of the operator of Brussels Airport or to impose additional conditions if he considers that the existing conditions are inadequate.
The regulations provide a number of reasons why the existing conditions of the license may no longer be suitable.
The final decision to revise the license is taken by the King after consultation with the airport operator.
The latter can also request a revision of his operating conditions from the Regulatory Body. Within a period of 20 working days after the submission of a complete dossier, it issues an advice to the Minister of Mobility, who finally decides on the revision of the license.
If the revision is granted, it will be announced by Royal Decree. If the revision is refused, the operator will be informed accordingly.
Revoke operating license:
In legally predefined situations, the Regulatory Body can issue an advice to withdraw the operating license of the airport operator.
In case of serious misconduct, the Regulatory Body must first give the license holder a notice of default and set a time limit within which the holder must put an end to the situation that gave rise to the notice of default.
If the situation is not remedied, the King grants a second term to remedy the faulty situation.
If the situation is not resolved after the expiry of the second period, the operating license can be withdrawn by Royal decree without any compensation but with a notice period. A preliminary advice from the Regulatory Body is mandatory in such cases.