Posted the: 2015-12-22 Numac: 2015015182 FEDERAL Foreign Affairs, external trade and development COOPERATION PUBLIC SERVICE November 23, 2015. -Law approving the agreement between the Kingdom of Belgium and the Benelux, done at Brussels Union February 3, 2012 (1) (2) (3) PHILIPPE, King of the Belgians, has all, present and future, hi.
The House of representatives has adopted and we sanction the following: Article 1. This Act regulates a matter referred to in article 74 of the Constitution.
S. 2. the headquarters agreement between the Kingdom of Belgium and the Benelux, done at Brussels on 3 February 2012, Union released its full and complete effect.
S. 3. this Act has effect on February 3, 2012.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, 23 November 2015.
PHILIPPE by the King: the Minister of foreign and European Affairs D. REYNDERS, Minister of the Interior, J. ham, the Minister of Justice, K. GARG, the Minister of Social Affairs and public health, Mrs. M. DE BLOCK Finance Minister, J. VAN OVERTVELDT sealed with the seal of the State: the Minister of Justice, K. GARG _ Notes (1) House of representatives (www.lachambre.be) : Documents: complete record 54-1082: 02/07/2015 (2) see Decree of the Flemish community / the Flemish Region 31/05/2013 (Moniteur belge of 03/07/2013), Decree of the French community of 18/12/2013 (Moniteur belge of 20/03/2014 (Ed.2)), Decree of the German-speaking community of 02/11/2015 (Moniteur belge of 12/03/2015), Decree of the Walloon of 09/01/2014 (Moniteur belge of 22 / 01 / 2014) , Order of the Region of Brussels - capital of 30/01/2014 (Moniteur belge of 03/06/2014) (3) Date of entry into force: 1 February 2016.
Agreement between the Kingdom of Belgium and the Benelux Union. the Kingdom of Belgium, hereinafter referred to as "Belgium", represented by: - the federal Government - the Government of the French community, – the Flemish Government –, the Government of the German-speaking community, - the Walloon Government -, the Government of the Brussels-Capital Region;
and the Benelux Union, hereinafter referred to as the 'Benelux '.
Having regard to the Treaty revising the Treaty instituting the Economic Union Benelux signed on 3 February 1958, done at the Hague on June 17, 2008, hereinafter referred to as 'the Treaty';
Having regard to article 18 of the Treaty, under which the Benelux general Secretariat is established in Brussels;
Having regard to article 29 § 1 and § 2, of the Treaty.
Having regard to the Protocol on the privileges and immunities of the Benelux, done at the Hague on June 17, 2008, Union hereinafter referred to as "the Protocol";
Desiring to conclude an agreement to determine the privileges and immunities as are necessary for the operation of the Benelux general Secretariat and the accomplishment of the mission of the Benelux general Secretariat and its staff;
Have agreed as follows: Article 1 for the purposes of this agreement, "agents of the Benelux general Secretariat" are the Benelux general Secretariat members who are employed in accordance with the staff regulations and the organic framework of this Organization as adopted by the Committee of Ministers of the Benelux Union pursuant to article 20(2)(a) of the Treaty.
Article 2 without prejudice to the obligations arising for Belgium the EU treaties and the application of the legal provisions and regulations, the conditions and detailed rules for the application of article 5 of the Protocol shall be determined by the competent Belgian authorities.
Section 3(1). No direct or indirect tax exemption shall be granted for the Benelux general Secretariat revenues that come from an industrial or commercial activity which would be exercised by the Benelux general Secretariat or by an authority or body of the Benelux general Secretariat or by one of its agents on behalf of the Benelux general Secretariat or an authority or a body of the Benelux general Secretariat or an agent of the Benelux general Secretariat.
2. without prejudice to the obligations arising for Belgium the EU treaties and the implementation of legal and regulatory provisions regarding the order, safety, health and morals, the Benelux general Secretariat can import all goods and publications intended for its official use.
3. the Secretariat general Benelux is exempt from all indirect taxes with respect to official publications which are intended, or that it sends.
Article 4 1. Under article 9 of the Protocol, the Secretary-General and Assistant Secretaries-General shall enjoy respectively of the immunities, privileges and facilities to a head of diplomatic mission and members of the diplomatic staff of diplomatic missions.
Their legal partner and their children minor, and living in their home, enjoy the advantages recognized to the spouse and minor children of diplomatic personnel.
2. the Secretary-General, Assistant Secretaries-General and the Benelux general Secretariat staff for a period of at least one year, eligible for exemption from all taxes on salaries, emoluments and allowances which they are paid by Benelux and effective agenda where such income will be subject to a tax for the benefit of the Benelux countries, created by the Member States of the Benelux by means of a Decision of the Committee of Ministers of the Benelux Union made pursuant to sections 20, § 2 and 29, § 2 of the Treaty and article 9, paragraph 3 of the Protocol; the Belgium reserves the right to take account of these salaries, emoluments and allowances for the calculation of the amount of tax collectible on taxable income from other sources.
3. the provisions of subsection 2 apply or to pensions and annuities paid by Benelux to its former officials in Belgium or their designees, nor the salaries, emoluments and allowances paid by Benelux to its personnel for a period of less than one year, or who do not hold a job in the Benelux countries within the meaning of article 1 of this agreement.
Article 5(1). Without prejudice to the obligations arising for Belgium from the treaties to the Union European and the implementation of legal and regulatory provisions, Benelux general Secretariat officers, except those referred to in section 4.1 of this agreement, shall have the right during the period of twelve months following their first assumption of office to import or acquire duty-free tariffs and value added tax chattels furniture and a car for their personal use.
2. the Minister of finance competent set the limits and conditions for the application of this article.
Article 6 1. The Secretariat general Benelux notifies the arrival and the departure of its agents to the Direction of the Protocol of the Service public federal Foreign Affairs and also the information specified above after about all of its agents: has) name and surname;
(b) place and date of birth;
(e) principal residence (town, street, number);
(f) civil status;
(g) household composition;
(h) the social protection regime chosen by the Member of staff).
2. any change of the above specified data must be reported within two weeks at the Direction of the Service Protocol public federal Foreign Affairs.
3. the Secretariat general Benelux will provide before March 1 of each year to all beneficiaries a form specifying their name and address, the amount of salaries, emoluments, allowances, pensions or annuities as the Benelux or the Benelux general Secretariat has paid them in the previous year.
Similarly, double sheets will be forwarded directly by the Benelux before the same date to the competent Belgian tax authorities.
Article 7 the Belgium is not bound to grant its own nationals or permanent residents the benefits, except those which are provided for in article 4.2, privileges and immunities referred to in this agreement.
Article 8 1. The Belgium and the Benelux countries declare their common intention to their insured to guarantee a high level of social protection.
2. the Benelux general Secretariat officers who are practising in Belgium any other occupation-lucrative nature than that required by their functions, may opt for the affiliation to the social protection scheme applicable to officials of the Secretariat general Benelux. This right of option may be exercised only once and, as the case may be, it must be exercised within two weeks following the entry into force of this agreement for the Benelux general Secretariat staff already in service or within two weeks from the date of the Benelux general Secretariat officer. Within the same period, he shall be notified in accordance with article 6.2.
3. the Benelux will provide affiliation to the regime of Belgian social security for officials of the Secretariat general Benelux the Benelux general Secretariat officers who have not opted for the social protection provided by the Benelux itself.
4. the Benelux is committed to ensuring the Benelux general Secretariat officers, based in Belgium, which are affiliated with its system of social protection, as well as their legal partner and their children living in their household, and minor, advantages equivalent to those provided for by the Belgian social security scheme, in respect of the guarantees recognized in Belgium relating to the free choice of practitioner, therapeutic freedom of care providers and medical confidentiality.
5. the Belgium can reimbursement of the costs for social assistance will be provide with the servants of the general Secretariat of the Benelux the Benelux or the Benelux general Secretariat that
are affiliated to the social protection scheme applicable to officials of the Secretariat general Benelux. This provision applies by analogy legal partner and minor dependent children living in their household, of these agents of the Benelux general Secretariat.
Article 9 1. The persons mentioned in article 8 of the Protocol do not enjoy any immunity from legal process in relation to cases of violations of the regulations on the movement of motor vehicles or damage caused by a motor vehicle.
2. the Secretariat general Benelux and its agents must comply with all the obligations imposed by the Belgian legislation on compulsory insurance of liability for motor vehicles.
Article 10 the Belgium is liable because of the activity of the Benelux general Secretariat on its territory any international responsibility any for acts and omissions of the Benelux general Secretariat or those of its agents acting or refraining as part of their duties.
Article 11 the provisions of this agreement do not prejudice the provisions of the Protocol.
Article 12 1. Any divergence of views concerning the application or interpretation of the present agreement, which could not be settled by direct between the Parties talks, may be submitted by one of the Parties, at the discretion of a Court of arbitration consisting of three members.
2. the Parties shall each designate a member of the arbitration tribunal, endeans a period of 30 days from the date on which one of the Parties has received from the other party, a note, in which an arbitration decision is sought.
3. the third member of the arbitral tribunal is designated by members appointed by both Parties in a next period of 30 days. The third member will be the President of the arbitral tribunal and cannot under any circumstances be a subject of the Kingdom of Belgium or be at the service of any authority, public institution or company public said Kingdom.
4. in case one of the Parties does not mean its member within 30 days or if it did not agree on the third member, the President of the International Court of Justice may be asked to appoint one or more members by one of the Parties.
5. the arbitration tribunal establishes its own procedure.
6. the judgment of the Court of arbitration is argued, final and may not be the object of an appeal procedure.
7. the costs of the Arbitration Court are shared by both parties, each party taking half of them. Each Party shall defray the costs of its representation in the procedure.
Article 13 each of the Parties notifies the other the completion of the constitutional and legal procedures internal requirements for the entry into force of this agreement.
The agreement shall enter into force the first day of the second month following the date of exchange of the last notification with effect from the date of signature.
This agreement may be revised at the request of one of the Parties.
In witness whereof, the representatives of the Kingdom of Belgium and the Benelux Union have signed this agreement.
Done at Brussels, in two copies, in French and Dutch, February 3, 2012.