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17 JULY 2015. - Act enacting the Agreement on Cooperation between the Federal State, the Flemish Region, the Walloon Region, the Brussels-Capital Region, the Flemish Community, the French Community, the German-speaking Community, the Joint Community Commission of Brussels-Capital and the French Community Commission concerning the modalities of operation of the Inter-Federal Institute of Statistics, the Board of Directors and the National Scientific Committees of the Institute of July 2014

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 74 of the Constitution.
Art. 2. Assent is given to the Cooperation Agreement 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, the Joint Community Commission of Brussels-Capital and the French Community Commission concerning the modalities of operation of the Inter-Federal Institute of Statistics, the Board of Directors and the National Scientific Committees
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 17 July 2015.
PHILIPPE
By the King:
Minister of Economy,
K. PEETERS
Seal of the state seal:
The Minister of Justice,
K. GEENS
____
Note
(1) Note
House of Representatives:
(www.lachambre.be)
Documents: 54-1136 (2014/2015)
Full report: 8-9 July 2015.

THE ACCORD OF COOPERATION BETWEEN THE FEDERAL, THE FLAMAND REGION, THE WALLY REGION, THE REGION OF BRUXELLES-CAPITALE, THE JOINT FLAMANDE, THE FRANÇAISE COMMUNITY, THE COMMUNITY GERMANOPHONE, THE COMMISSION
Considering the special law of institutional reforms of 8 August 1980, Article 92 bis;
Having regard to the special law of 12 January 1989 on the Brussels Institutions, articles 4 and 42;
Considering the Law of 4 July 1962 on Public Statistics, as amended by the Laws of 1^er August 1985 and 22 March 2006;
Considering the Act of 21 December 1994 on social and other provisions, Title VIII, amended by the Act of 8 March 2009 and the Act of 28 February 2014;
Having regard to the agreement of the Consultation Committee on 5 February 2014 and 19 March 2014;
Considering that it was agreed in the 11 October 2011 institutional agreement that the National Statistics Institute be interfederalized and that the federated entities are incorporated into the Institute of National Accounts;
Considering that a cooperation agreement must establish the specific modalities of this interfederalization and integration;
Considering that it is desirable in order to ensure the legal security that the federal State, the Regions and the Communities define the modalities for the proper and effective functioning of an Inter-Federal Institute of Statistics and the Institute of National Accounts, as well as the transmission of the data required and necessary to establish public statistics;
The Federal State, represented by the Federal Government in the person of Mr. Elio Di Rupo, Prime Minister, and Mr. Johan Vande Lanotte, Deputy Prime Minister and Minister of Economy;
The Walloon Region and the French Community, represented by their respective Government in the person of Mr. Rudy Demotte, Minister-President;
The Flemish Region and the Flemish Community, represented by the Flemish Government in the person of Mr. Kris Peeters, Minister-President;
The Brussels-Capital Region, represented by the Government of the Brussels-Capital Region in the person of Mr. Rudi Vervoort, Minister-President;
The German-speaking Community, represented by the Government of the German-speaking Community in the person of Mr. Oliver Paasch, Minister-President;
The Joint Community Commission of Brussels-Capital, represented by the College in the person of its competent Members for Finance, Budget and External Relations, Ms. Evelyne Huytebroeck and Mr. Guy Vanhengel;
The French Community Commission, represented by the College in the person of Mr. Christos Doulkeridis, Minister-President;
hereafter referred to as "the parties",
it was agreed that:
CHAPTER I^er. - General provisions
Section 1^re. - Definitions
Article 1^er. For the purposes of this cooperation agreement, the following must be understood:
1° Statistical authority: the service referred to in Article 36;
2° public statistics: statistics produced and disseminated by statistical authorities or other public authorities that are accessible to the public and are used to ensure the development, execution, monitoring and evaluation of public policies;
3rd Statistical Programme: a programme developed annually by statistical authorities as part of their competence;
4° Integrated Statistical Programme: an annual programme developed according to the Eurostat Guidelines (European Statistics Code of Practice) by the Inter-Federal Institute of Statistics, referred to in Article 8; this program incorporates agreements on public statistics to be collectively established or actions to improve the quality of statistics.
Section 2. - Scope and object
Art. 2. This Cooperation Agreement defines the missions, composition and operating modalities of the Inter-Federal Institute of Statistics, as well as the composition and operation of the Board of Directors and Scientific Committees of the Institute of National Accounts.
The integration of the Regions and Communities into the Board of Directors of the ICN provides for equal rights and duties as associated authorities (each associated authority being subject to a specification of its duties within the ICN), in accordance with the Act of 21 December 1994 on social and other provisions, Title VIII.
All parties will benefit from equal and simultaneous access to the statistical tables and forecasts referred to in sections 111 and 112 of this Act.
For the purposes of articles 2, 15, 15bis, 17-18 of the Act of 4 July 1962 on public statistics, the statistical authorities are assimilated to the National Institute of Statistics.
Art. 3. The purpose of this cooperation agreement is, on the one hand, to enable collaboration between the parties in order to effectively manage public statistics and all the consequences thereof and, on the other, to define the responsibilities associated with it.
Section 3. - Commitments of Contracting Parties
Art. 4. The parties shall take, within their respective jurisdictions, the necessary measures to implement the provisions of this Cooperation Agreement and to reconcile regional, community and federal measures.
Art. 5. Each party undertakes to:
o inform other parties of any new regulations that may have an impact on the exercise of the powers of these other parties in the implementation of this cooperation agreement;
o constantly exchange information with other parties that are necessary for the execution of their respective missions. This exchange is made free of charge in accordance with agreed terms between the parties;
o respond in full loyalty, to the extent of the availability of the required data, to any request from another party within the time limits imposed by the regulatory deadlines, both federal and regional and community, and that are specific to each sector.
Art. 6. In the event that a party would carry out a mission for the benefit of another party at the request of the party or within the framework of a joint project, the latter would make available to the other party the necessary means.
CHAPTER II. - Interfederal Institute of Statistics
Section 1^re. - Creation
Art. 7. It is created a public institution with legal personality, known as the "Interfederal Institute of Statistics", hereafter referred to as the "IIS".
The headquarters of the IIS is established in the administrative district of Brussels-Capital.
The ISI operates under the authority of an interdepartmental conference on statistics, which is constituted by the Ministers with statistics among their competences of federal governments, communities and regions.
The IIS is managed by a board of directors.
Section 2. - Missions
Sub-section 1^re. - Coordination of statistical programmes and drafting an integrated statistical programme
Art. 8. Each year, the statistical authorities transmit their statistical program to the IIS.
The coordination of statistical programs, referred to in the first paragraph, applies only to public statistics.
The statistics established by the National Bank of Belgium under the European System of Central Banks do not fall within the scope of this cooperation agreement.
The ISI prepares an annual integrated statistical programme and monitors it according to the statistical information needs of the various authorities and their international obligations, with a view to increasing the quality of public statistics and reducing the overall response burden. The ISI regularly informs the High Council of Statistics of the implementation of the integrated statistical programme.
Sub-section 2. - Opinions on Belgian positions in international statistical forums
Art. 9. IIIS can issue opinions on the positions Belgium adopts at international meetings on the development of public statistics.
Representation at the operational level will be concerted within the Board of Directors of the ISI on the basis of expertise and functional competence, in accordance with the relevant international rules. Representation at the strategic level will be provided by the INS officer. He will act as spokesperson for the Belgian position in accordance with the advice or mandate of the Board of Directors of the ISI or ICN. In international forums, it will be accompanied each time by the President or Vice-President of the ISI, so that the federated entities are always represented and, where appropriate, by the ICN President.
Subsection 3. - Methodological recommendations
Art. 10. The ISI can make methodological recommendations to public bodies that develop public statistics. These recommendations are made in reference to a code of good practices to be established by the ISI or following remarks submitted by international bodies.
Sub-section 4. - Monitoring of the quality of statistical production
Art. 11. The IIS and the statistical authorities carry out a permanent monitoring of quality at each stage of the production of statistics and for all public services related to their work in accordance with the Code of Good Practice of European Statistics.
The IIS will apply in this regard the principles of the single audit.
CHAPTER III. - Composition, presidency and operation of the Inter-Federal Institute of Statistics
Section 1^re. - Composition
Art. 12. The Board of Directors of the IIS shall be composed of six members designated by their competent authority in accordance with the provisions set out in this section.
Art. 13. The Federal Public Service Economy, P.M.E., Average Classes and Energy is represented by its President. The National Statistics Institute is represented by its senior official. The National Bank of Belgium is represented by a member of the steering committee.
Art. 14. Each region designates a representative.
These representatives are selected from senior officials (statutory or contractual) of their statistical authority.
Art. 15. The Office of the Plan, the Communities and the Joint Community Commission may designate each representative who will attend the Board of Directors of the IIS as an observer.
Community representatives and the Community Commission are selected from among the senior officials (statutaries or contractual) of their statistical authority.
Section 2. - Presidency and secretariat
Art. 16. The Presidency shall be held in turn by one of the members of the IIS for a period of one year, in accordance with the rules set out in the rules of procedure referred to in Article 20.
A Vice-President is designated as a linguistic role and a level of power other than that of the President, who is selected from ISI members.
Art. 17. The Chair, in close collaboration with the secretariat, prepares, together with the Vice-Chair, the agenda of the meetings, convenes members at meetings, chairs the discussions and is responsible for the preparation of the records.
Art. 18. In the event of the President's absence or incapacity, his powers are exercised by the Vice-Chair.
Art. 19. The secretariat has its headquarters at the INS and the ISI members contribute to its operation, in accordance with the rules set out in the rules of procedure referred to in Article 20.
Section 3. - Operation
Art. 20. The Board of Directors of the IIS shall establish rules of procedure to determine its mode of operation.
Section 4. - Financing
Art. 21. The costs of the secretariat are borne by each of the signatory parties because of their share in the number of members on the board of directors.
This may include staff availability.
CHAPTER IV. - Composition and operation of the Board of Directors and Scientific Committees of the Institute of National Accounts
Section 1^re. - Composition of the Board of Directors
Art. 22. The Board of Directors of the ICN shall be composed of twelve members designated by their competent authority in accordance with the provisions set out in this section.
Art. 23. The Federal Public Service Economics, P.M.E., Average Classes and Energy is represented by its president as well as by the senior official of the National Institute of Statistics.
Art. 24. The National Bank of Belgium is represented by the Governor accompanied by a member of the steering committee of the other lingusitic role.
Art. 25. The Federal Office of the Plan is represented by the Commissioner of the Plan accompanied by a member of the steering committee of the other linguistic role.
Art. 26. Two representatives are appointed by the Government of the Flemish Community, two representatives by the Government of the Walloon Region and the Government of the French Community and two representatives of different linguistic roles by the Government of the Brussels-Capital Region after consultation with the Joint College of the Communal Commission and the College of the French Community Commission.
The two representatives are each time the executive officer or deputy official of a statistical authority and a specialized expert in economic or budgetary statistics.
The Government of the German-speaking Community may designate a representative to attend the ICN Board as an observer. This representative is the senior official or deputy official of a statistical authority or an expert in economic or budgetary statistics.
Members and non-designated observers of full law may not serve as members of the Legislative Chambers, as members of the Parliament of a community or region, as permanent members, as mayors or as members of the municipalities of more than thirty thousand inhabitants. They may not belong to the Strategic Cell of a member of the Federal Government or a member of a Government of the Communities or Regions.
Section 2. - Presidency and secretariat of the Board of Directors
Art. 27. The Board of Directors is chaired by a 4-member college, namely the President of the Federal Public Service Economics, P.M.E., Average Classes and Energy and the three representatives of the regional statistical authorities.
The president of the college is unanimously appointed by the members of the college. In the expectation of this decision, the Presidency is provided by the President of the Federal Public Service Economy, P.M.E., Average Classes and Energy.
Art. 28. The College shall prepare, in close collaboration with the secretariat, the agenda of the meetings and shall convene members at the meetings. The President conducts the proceedings and is responsible for the preparation of the records.
Art. 29. In the event of the absence or incapacity of the president, his powers are exercised by another member of the college.
Art. 30. The Secretariat has its headquarters at the Federal Public Service Economics, P.M.E., Average Classes and Energy and the members of the Board of Directors contribute to its operation, in accordance with the rules set out in the rules of procedure referred to in section 35.
The secretariat of the Board of Directors ensures all ICN internal and external communications under the responsibility of the College.
Section 3. - Composition of scientific committees
Art. 31. The Scientific Committee on National Accounts is composed of:
- two members, of a different linguistic role, proposed by the National Bank of Belgium, one of whom assumes the chair of the committee;
- two members, of a different linguistic role, proposed by the Federal Minister of Economic Affairs, selected from among officials of the National Institute of Statistics;
- two members of a different language role proposed by the Federal Office of the Plan;
- two staff members proposed by the Flemish Government based on their expertise;
- an official member proposed by the Walloon Region based on his expertise;
- two public officials, of different linguistic role, proposed by the Brussels Capital Region on the basis of their expertise;
- an official member proposed by the French Community based on its expertise;
- an official member proposed by the German-speaking Community based on its expertise;
- six professors serving at a Belgian university or high school, three of whom are offered by the Flemish Community and three by the French Community according to their competence in the field of economic statistics.
Members of this committee may not serve as a member of the Legislative Chambers, as a member of the Parliament of a community or region, as a permanent member of Parliament, as a mayor or as a member of the House of Commons of more than thirty thousand inhabitants. They may not belong to the Strategic Cell of a member of the Federal Government or a member of a Government of communities or regions.
The secretariat has its seat with the Chair.
Art. 32. A scientific committee is called the Committee on Public Administration Accounts. This committee will be responsible for following up on the work of the accompanying committee, established on 30 June 2005 by the ICN Board of Directors, and will consider requests for advice under the SEC regulations. This includes the analysis of the consolidation scope.
The Public Administration Accounts Committee is composed of:
- two members, of a different linguistic role, proposed by the National Bank of Belgium, one of whom assumes the chair of the committee;
- a member proposed by the Federal Office of the Plan;
- an official member proposed by the Federal Minister of Economic Affairs;
- a member proposed by the Federal Minister of Finance, selected from the Department's Study Service;
- an official member proposed by the Federal Minister of Social Affairs;
- a member proposed by the Federal Minister of Budget, selected from SPF Budget and Management Control;
- two staff members proposed by the Flemish Government based on their expertise;
- an official member proposed by the Walloon Region based on his expertise;
- two public officials, of different linguistic role, proposed by the Brussels Capital Region on the basis of their expertise;
- an official member proposed by the French Community based on its expertise;
- an official member proposed by the German-speaking Community based on its expertise;
When appointing its members, the federal government will ensure linguistic parity.
Members of this committee may not serve as a member of the Legislative Chambers, as a member of the Parliament of a community or region, as a permanent member of Parliament, as a mayor or as a member of the House of Commons of more than thirty thousand inhabitants. They may not belong to the Strategic Cell of a member of the Federal Government or a member of a Government of communities or regions.
The secretariat has its seat with the Chair.
Art. 33. The Scientific Committee on the Economic Budget is composed of:
- two members, of a different linguistic role, proposed by the Federal Office of the Plan, one of whom chairs the committee;
- two members, of a different linguistic role, proposed by the Federal Minister of Economic Affairs, selected from among officials of the National Institute of Statistics and the Department's Study Service;
- two members of a different language role proposed by the National Bank of Belgium;
- a member proposed by the Federal Minister of Finance, selected from the Department's Studies Branch;
- an official member proposed by the Federal Minister of Social Affairs;
- an official member proposed by the National Social Security Office;
- an official member proposed by the Federal Minister of Employment;
- an employee proposed by the National Employment Board;
- a member proposed by the Federal Minister of Budget, selected from SPF Budget and Management Control officials;
- two staff members proposed by the Flemish Government based on their expertise;
- an official member proposed by the Walloon Region based on his expertise;
- two public officials, of different linguistic role, proposed by the Brussels Capital Region on the basis of their expertise;
- an official member proposed by the French Community based on its expertise;
- an official member proposed by the German-speaking Community based on his expertise.
When appointing its members, the federal government will ensure linguistic parity.
Members of this committee may not serve as a member of the Legislative Chambers, as a member of the Parliament of a community or region, as a permanent member of Parliament, as a mayor or as a member of the House of Commons of more than thirty thousand inhabitants. They may not belong to the Strategic Cell of a member of the Federal Government or a member of a Government of communities or regions.
The secretariat has its seat with the Chair.
Art. 34. The Scientific Committee for Price Observation and Analysis is composed as follows:
- three members, including at least one member of another linguistic role, proposed by the Federal Minister of Economy, selected from the department's officials, including one chairing the committee;
- two members of a different language role proposed by the National Bank of Belgium;
- two members of a different language role proposed by the Federal Office of the Plan;
- a member proposed by the Central Council of Economy;
- two staff members proposed by the Flemish Government based on their expertise;
- an official member proposed by the Walloon Region based on his expertise;
- two public officials, of different linguistic role, proposed by the Brussels Capital Region on the basis of their expertise;
- an official member proposed by the French Community based on its expertise;
- an official member proposed by the German-speaking Community based on its expertise;
- four professors serving at a Belgian university or high school, two of whom are offered by the Flemish Community and two by the French Community according to their economic skills.
When appointing its members, the federal government will ensure linguistic parity.
Members of this committee may not serve as a member of the Legislative Chambers, as a member of the Parliament of a community or region, as a permanent member of Parliament, as a mayor or as a member of the House of Commons of more than thirty thousand inhabitants. They may not belong to the Strategic Cell of a member of the Federal Government or a member of a Government of communities or regions.
The secretariat has its seat with the Chair.
Section 4. - Operation
Art. 35. The ICN Board of Directors determines in a rules of procedure the rules of operation of the Board of Directors and Scientific Committees, and those relating to the functioning, composition and role of the Secretariat.
The ICN's operating costs are borne by each of the signatory parties because of their share in the number of members on the board of directors. This may include staff availability.
CHAPTER V. Statistical secrets and consequences
Section 1^re. - Conditions for statistical authorities
Art. 36. The Federal Government, the Governments of the Regions and the Communities, the College of the Joint Community Commission and the College of the French Community Commission shall, among their services, designate a service that has the status of statistical authority and that meets the following conditions:
1° The service concerned is organized by law, decree or order or under such provisions;
2° The service concerned guarantees the rights of the declarants and ensures that statistical secrecy is respected, including:
I. by appointing a data protection delegate;
II. By enacting a code of conduct defining the rules and guidelines imposed on service members on confidentiality, privacy, business secrecy and data protection.
3° The Statistical Service carries out its mission in accordance with the guiding principles of public statistics, in accordance with the European Union Code of Good Practice (Eurostat).
Art. 37. Subject to the application of the existing legal provisions on the collection of statistical information, the parties examine the conduct of statistical surveys, the confidentiality of data and the possibilities to use (reuse) the administrative data available as much as possible.
Section 2. - Provision of confidential data between statistical authorities
Art. 38. The transmission of collected confidential data may take place between statistical authorities provided that it is necessary for the development, production and dissemination of official statistics, or to improve the quality of official statistics.
Art. 39. The rules relating to statistical secrecy cannot be invoked against the transmission of data under Article 38.
Art. 40. Any subsequent transmission to the first transmission requires the express authorization of the statistical authority that has carried out the data collection.
Art. 41. The data transmitted in accordance with Article 38 shall be used exclusively for statistical purposes and shall be accessible only to agents performing statistical tasks in their particular field of activity.
Art. 42. The statistical authorities are 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.
CHAPTER VI. - Final provisions
Art. 43. This Agreement shall be concluded for an indefinite period and shall enter into force after approval by all parties.
Art. 44. The denunciation of all or part of this agreement requires a written notice of one year. In this case, the parties undertake to negotiate a new agreement over the duration of this notice and continue to provide the necessary collaboration in progress.
Art. 45. All parties are responsible, each with respect to it, for the implementation of this agreement. This also includes the amendment of the relevant legislation to be adapted to the provisions of this cooperation agreement by 1^er January 2016.
Done in Brussels on 15 July 2014, in a single copy, the Dutch and French texts being equally authentic, which will be deposited with the Central Secretariat of the Committee for Consultation, which will be responsible for certified copies and publication to the Belgian Monitor.
For the federal state:
The Prime Minister,
E. DI RUPO
Deputy Prime Minister and Minister of Economy,
J. VANDE LANOTTE
For the Flemish Community and the Flemish Region:
The Minister-President,
K. PEETERS
For the Walloon Region and the French Community:
The Minister-President,
R. DEMOTTE
For the German-speaking Community:
The Minister-President,
O. PAASCH
For the Brussels-Capital Region:
The Minister-President,
R. VERVOORT
For the Brussels-Capital Community Commission:
Relevant Members for Finance, Budget and External Relations,
G. VANHENGEL
Ms. E. HUYTEBROECK
For the French Community Commission:
The Minister-President,
Ch. DOULKERIDIS