COMMISSION OPINION of 16 March 1993 addressed to the Belgian Government in respect of a draft Royal Decree approving the first management agreement for the Belgian railways (SNCB)

(93/340/EEC)In accordance with Article 1 of the Council Decision of 21 March 1962, instituting a procedure for prior examination and consultation in respect of certain laws, regulations and administrative provisions concerning transport proposed in Member States (1), as amended by Decision 73/402/EEC (2), the Belgian Government sent a letter dated 18 September 1992 to the Commission enclosing a draft Royal Decree approving the first management agreement for the Belgian railways (SNCB).

The Commission received the letter from the Belgian Government on 11 November 1992 and, in accordance with Article 1 of the abovementioned Decision, the Belgian Government also sent details of the draft Royal Decree to the other Member States.

Pursuant to Article 2 of the Council Decision the Commission hereby delivers the following opinion:

1. The Commission finds that the draft Royal Decree is aimed at amending the Statute of the SNCB. It is adopted on the basis of, and pursuant to, the Law of 21 March 1991 reforming a number of public business undertakings. It stipulates, inter alia, that the SNCB is one of the autonomous public undertakings referred to in Article 1, paragraph 4, of the Law of 21 March 1991 reforming certain public business undertakings, and that the State will transfer ownership of the State railway network, including the Nord-Midi line, to the SNCB. Furthermore, the draft Royal Decree states that the balance sheet of the SNCB was drawn up as at 30 June 1992 taking into account a number of transactions, including a provision for risks and charges amounting of Bfrs 12 billion, which appears in the balance sheet as a transfer from the capital put up by the State. This provision will be used in the main to finance the modernization of the SNCB and the training of its personnel.

2. The Commission notes with interest the measures proposed by the Belgian Government to amend the Statute of the SNCB. It has no observations to make with regard to the contents of the draft Royal Decree.

3. Moreover, and independently of the observations in paragraph 2, the Commission draws attention to the Belgian Government's obligations under Council Directive 91/440/EEC of 29 July 1991 on the development of the Community's railways (1).

4. The Commission will inform the other Member States of this opinion.

(1)Done at Brussels, 16 March 1993.

For the Commission

Abel MATUTES

Member of the Commission