Posted the: 2016-01-12 Numac: 2016014002 SERVICE PUBLIC FEDERAL mobility and transport 16 December 2015. -Act to amend the Act of 21 March 1991 on reform of some economic public companies PHILIPPE, King of the Belgians, to all, present and to come, hi.
The House of representatives has adopted and we sanction the following: Chapter 1.
-Available general Article 1. This Act regulates a matter referred to in article 74 of the Constitution.
Chapter 2. -Amendments to the Act of 21 March 1991 on the reform of some economic public companies art. 2. in article 18, § 2, paragraph 2, of the Act of 21 March 1991 amending certain autonomous public enterprises reform, 'State' shall be replaced by the words "public authorities".
S. 3. in article 42, paragraph 1, of the Act, the words "article 13 and chapter IX of this title" shall be replaced by the words "articles 13 and 18 and of chapters IX and XIV of this title".
4. in title I of the Act, there shall be inserted a chapter XIII entitled "Special provisions for public enterprises autonomous active in sectors open to competition".
5. in chapter XIII, inserted by article 4 article be inserted a 54/1 as follows: "article
54/1. The provisions of this chapter apply to the following autonomous public undertakings: 1 ° Proximus;
2 ° bpost. and 3 ° from the date fixed by the King by order deliberate in Council of Ministers, other autonomous public company which, during at least two consecutive years, performs at least septante-cinq per cent of its turnover, excluding value added tax, in activities that are open to competition without being reserved, by or under the Act ", the company in question."
S. 6. in the same chapter XIII, inserted a section 54/2 as follows: "article 54/2. Article 13 is not applicable to autonomous public undertakings referred to in article 54/1."
S. 7. in the same chapter XIII, it is inserted an article 54/3, as follows: "article 54/3. Autonomous public undertakings referred to in article 54/1 can meet their needs in staff recruitment and employment of persons under a contract of employment governed by the Act of 3 July 1978 on contracts of employment, even apart from the cases provided for in article 29, § 1, paragraph 2. (L'article 34, § 2, G), 1 °, is not applicable to these companies. "
S. 8. in the same chapter XIII, it is inserted an article 54/4 as follows: "article 54/4. Autonomous public undertakings referred to in article 54/1 may: 1 ° conclude, in their activities, contracts contracting with third parties, where appropriate, in respect of article 148bis, § 1, and the rules relating to public procurement;
"2 ° use a professional collaboration with third parties for the delivery of a work as a self-employed person, without prejudice to the provisions of title XIII of the programme law (I) of 27 December 2006 and, where appropriate, article 148decies, § 1."
9. in title I of the Act, there shall be inserted a chapter XIV entitled "Special provisions relating to autonomous public undertakings traded".
S. 10. in chapter XIV, inserted by article 9 article be inserted a 54/5 as follows: "article 54/5. The provisions of this chapter are applicable to autonomous public undertakings whose shares are admitted to trading on a regulated market within the meaning of article 2, 3 °, of the Act of 2 August 2002 on the supervision of the financial sector and financial services."
S. 11. in the same chapter XIV it is inserted an article 54/6 worded as follows: "article 54/6. The following provisions shall not apply to autonomous public undertakings referred to in article 54/5: 1 ° article 10, § 1, paragraph 2;
2 ° article 12, paragraph 3, second sentence;
3 ° article 17, as amended by laws of December 24, 2002 to April 6, 2010;
4 ° article 18, as amended by the royal decree of 18 October 2004 and the law of July 28, 2011, except for article 18, § 2A, inserted by the Act of July 28, 2011;
5 ° the articles 19 and 20, with the exception of article 20, paragraph 2, second sentence;
6 ° article 21, as amended by laws of April 6, 2010 and November 14, 2011 and the royal decree of December 11, 2013;
7 ° article 23, as amended by the Act of 12 December 1994;
8 ° article 24;
9 ° article 27, § 3;
10 ° article 35 § 4, paragraph 2, second, third and fourth sentences;
11 ° article 39, § 1, paragraph 3, and § 2 and 5;
12 ° article 40, §§ 2 and 3."
S. 12. in the same chapter XIV it is inserted an article 54/7 as follows: "article 54/7. § 1. By way of derogation from article 39, §§ 3 and 4, and, where appropriate, articles 60/1, § 3, and 147bis, the King may, by Decree deliberated in the Council of Ministers, to the conditions that it determines, authorize operations resulting in the involvement of public authorities in the capital of autonomous public undertakings referred to in article 54/5 drops below fifty percent plus one share. In this context, the King is guided by the strategic importance of participation in the undertaking concerned, the need for a Belgian anchorage, the essential contribution that business can make towards the goal of sustainable economic growth, social usefulness and the impact on employment.
The power granted to the King by the paragraph 1 shall expire on December 31, 2018.
2. As soon as the participation of public authorities in the capital of one of the autonomous public undertakings referred to in article 54/5 drops below fifty percent plus one share in application of paragraph 1, this company stops out of the category of autonomous public undertakings and is removed from the list in article 1, § 4, without prejudice to the transitional provisions under article 54/8. It is then converted into a public limited company under private law, legal personality continuously."
S. 13. in the same chapter XIV, inserted a section 54/8 as follows: "article 54 / 8. Where the King allows an operation referred to in article 54/7 § 1, by Decree deliberated in the Council of Ministers, it takes all the necessary measures for: 1 ° maintain the provisions relating to the missions of public service of the undertaking concerned and the management contract for the continuity of public service, y-related, and this, for a transitional period expiring no later than December 31, 2020;
2 ° remove the legal provisions related to the status of public law of the undertaking concerned;
3 ° adjust the individual relationships between the undertaking concerned and the workers who, on the effective date of the operation referred to in article 54/7 § 1, belong to the staff of the company, so as to ensure the continuity of the rights of these workers regarding stability of employment, remuneration and pension provided for in the basic regulations of the staff established in accordance with articles 34 and 35;
4 ° set the implementation of laws regarding social security of workers in the staff members referred to 3 °, including align bans cumulation of pensions with those applicable in the private sector;
"5 ° organize a transitional arrangements in collective labour relations within the undertaking concerned until the social elections which must be held within three years of the operation referred to in article 54/7 § 1."
14. in the same chapter XIV it is inserted article 54/9 as follows: "article 54/9.
Orders made under section 54/8 may amend, Supplement, replace or repeal the legal provisions in force.
The powers granted to the King by article 54/8 expire December 31, 2018. After this date, the taken orders under article 54/8 can no longer be modified, supplemented, replaced or repealed by an act.
The provisions taken under article 54/8, 3 °, 4 ° and 5 °, cease to produce their effects if they have not been confirmed by the law within six months of their date of entry into force. The confirmation has effect from that date."
15. in the same Act, it is inserted article 59/9 as follows: "article 59/9. "Articles 59/2, §§ 2 and 4, and 59/4 are not application as long as the Proximus shares are admitted to trading on a market regulated within the meaning of article 2, 3 °, of the Act of 2 August 2002 on the supervision of the financial sector and financial services."
S. 16. in section 141quinquies of the Act, inserted by the law of April 19, 2014, the words 'December 31, 2015' are replaced by '31 December 2020'.
S. 17. in the same Act inserted an article 148bis/4 as follows: "article 148bis/4. "Articles 148bis/1, § 2, § 4, paragraph 1, and § 5, and 148bis/3 are not application as long as bpost shares are admitted to trading on a market regulated within the meaning of article 2, 3 °, of the Act of 2 August 2002 on the supervision of the financial sector and financial services."
Chapter 3. -Provisions various arts. 18. the provisions of article 11 of this Act do not terminate the mandates of administrator and administrator delegate ongoing within the autonomous public undertakings concerned, at the date of the entry into force of that article. These mandates continue until
the expiration of their initial term, without prejudice to the possibility for competent bodies to end advance in accordance with the provisions of the Code of corporations and the statutes of the undertakings concerned.
S. 19. without prejudice to article 2, paragraph 3, of the law of 2 April 1962 on the federal participation and investment and regional investment companies Corporation, replaced by the law of 4 August 1978 and amended by the law of 26 August 2006 and April 25, 2014, the State may, by way of sale or capital contribution, transfer to the Société fédérale de Participations and investment all or part of the shares it holds in the capital of a company public autonomous transformed into a limited company under public law. The conditions for such assignment are previously approved by the King, by Decree deliberated in the Council of Ministers.
S. 20. this Act comes into force the day of 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 on 16 December 2015.
PHILIPPE by the King: Deputy Prime Minister and Minister of Cooperation for development, the Digital Agenda, Telecommunications and the post.
CROO seal of the seal of the State: the Minister of Justice, K. GARG _ Note House of representatives (www.lachambre.be) Documents: 541287/001