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18 DECEMBER 2015. - An Act to amend, with respect to the Institute of National Accounts, the Act of December 21, 1994 on social and other provisions (1)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
Article 1^er. This Act regulates a matter referred to in Article 74 of the Constitution.
Art. 2. Section 111 of the Act of 21 December 1994 on social and other provisions is replaced by the following:
"Art. 111. § 1^er. Each of the associated authorities and each of the statistical services instituted by the Communities and Regions and having the quality of statistical authority, whose conditions for taking such quality are mentioned in chapter V of the Agreement of cooperation of 15 July 2014 between the Federal State, the Flemish Region, the Walloon Region, the Brussels-Capital Region, the Flemish Community, the French Community, the German-speaking Community,
§ 2. Each of the associated authorities has the right to consult and reuse confidential data collected by the other associated authorities in the course of the execution of their Article 109 missions.
§ 3. The associated authorities and each of the statistical services established by the Communities and Regions with the quality of statistical authority shall be held in respect of third parties to the obligations resulting from statistical secrecy, in accordance with the provisions of the Act of 4 July 1962 on public statistics and the conditions set out in chapter V of the cooperation agreement referred to in the first paragraph.
§ 4. Members, observers and experts attending meetings of the ICN Board of Directors or meetings of scientific committees are also required to comply with the obligations resulting from statistical secrecy in accordance with the provisions of the Act of 4 July 1962 on public statistics.
Art. 3. Section 113 of the Act is replaced by the following:
"Art. 113. § 1^er. The ICN is managed by a board of directors whose composition and operation is regulated by the cooperation agreement referred to in Article 111, § 1^er.
§ 2. Of the twelve members who make up the board of directors, are members of the law:
1° the President of the Federal Public Service Economics, P.M.E., Average Classes and Energy who sits there as the representative of the Minister with the Economy in his office;
2° the governor of the National Bank of Belgium;
3° the plan commissioner;
4° the Director General of the National Statistical Institute.
§ 3. The term of office of the other board members is four years and may be renewed. When a member ceases to be a member of the board for any reason before the normal term of his or her term of office, the person designated to replace the member shall complete the current term.
§ 4. The board of directors shall sit validly in the presence of the majority of its members.
In the absence of consensus, decisions are taken by a majority of the votes of the members present. In the event of parity, the president's voice is preponderant.
§ 5. The Board of Directors stops its rules of procedure."
Art. 4. Section 115 of the Act is repealed.
Art. 5. Section 116 of the Act, as amended by the Acts of 8 March 2009 and 14 March 2014, is replaced by the following:
"Art. 116. § 1^er. It consists of four Scientific Committees at the ICN: the Scientific Committee on National Accounts, the Scientific Committee on Public Administration Accounts, the Scientific Committee on Economic Budget and the Scientific Committee on Price Observation and Analysis.
The Scientific Committee on National Accounts is competent to decide on the tasks referred to in Article 108, paragraph 1^er(a), (b), (c), (d), (e) and (h).
The scientific committee on the economic budget is competent to decide on the mission referred to in section 108, paragraph 1^er, g).
The Scientific Committee for Price Observation and Analysis is competent to decide on the tasks referred to in Article 108, paragraph 1^er(i)
The Scientific Committee on Public Administration Accounts is competent to decide on the mission referred to in section 108, paragraph 1^er, j). It considers requests for notices set out in section 32, paragraph 1^er of the cooperation agreement referred to in Article 111, § 1^er.
These four committees have the task of issuing an opinion on the scientific value and objectivity of the methods adopted by the ICN and the results of its work. The ICN may consult with these committees at any time on matters within their respective jurisdictions.
The ICN consults these committees when making a significant change to the methodology used, according to their respective competencies. They should also be consulted after having adopted, on first reading, the statistical tables, analyses and economic forecasts referred to in Article 108, paragraph 1^er(a), (c), (e), (g), (h), (i) and (j). If, after deliberating, the Board of Directors considers that it is unable to follow a fully or partially unfavourable opinion of the Committee, the Board shall attach this notice to the statistical tables, analyses or forecasts that it determines.
As part of the tasks set out in section 108, paragraph 1^er, k), results publications are the subject of an annual debate in the public sitting of the House of Representatives. The latter assesses the evolution of the results, as well as the distribution and methodology of the complementary indicators. A summary of the results is published in the annual report of the National Bank of Belgium on economic and financial developments in Belgium and abroad.
§ 2. With the exception of the members appointed by the respective Governments of the Regions and Communities, the members of the Scientific Committees are appointed by the King, by order deliberately in the Council of Ministers.
§ 3. The composition and functioning of scientific committees shall be regulated by the cooperation agreement referred to in Article 111, § 1^er.
§ 4. Committee members are appointed for a period of four years, renewable. When a member ceases to be a member of a committee, for any reason, before the normal term of his or her term of office, the person designated to replace it, either by the King or by the Government concerned of the regions or communities, completes his or her term of office."
Art. 6. Section 117 of the Act, as amended by the Act of 8 March 2009, is repealed.
Art. 7. Section 118 of the Act, as amended by the Act of 28 February 2014, is replaced by the following:
"Art. 118. § 1^er. The financing of the operating costs of the ICN is regulated by Article 35 of the cooperation agreement referred to in Article 111, § 1^er.
The operating costs of the ICN that are dependent on the federal state are included in the budget of the SPF Economy, P.M.E., Average Classes and Energy.
The Federal State shall pay each year and in advance to the National Bank of Belgium the costs of additional tasks arising directly from the development of statistics referred to in Article 108, paragraph 1^er, j. The State and the National Bank of Belgium agree on the amount of this allowance and the terms of payment.
§ 2. The ICN Secretariat has its headquarters at SPF Economie, P.M.E., Average Classes and Energy. The functioning, composition and role of the secretariat are regulated by the cooperation agreement referred to in Article 111, § 1^er"
Art. 8. This Act comes into force on 1^er January 2016.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 18 December 2015.
PHILIPPE
By the King:
Minister of Employment, Economy and Consumers,
K. PEETERS
Seal of the state seal:
Minister of Justice,
K. GEENS
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Note
House of Representatives: (www.lachambre.be)
Documents: 54-1491 (2015/2016)