Law Approving The Cooperation Agreement 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 Commission Community Community

Original Language Title: Loi portant assentiment à l'Accord de Coopération entre l'Etat fédéral, la Région flamande, la Région wallonne, la Région de Bruxelles-Capitale, la Communauté flamande, la Communauté française, la Communauté germanophone, la Commission communautaire commu

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2015011295&caller=list&article_lang=F&row_id=200&numero=294&pub_date=2015-07-29&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2015-07-29 Numac: 2015011295 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES average and energy 17 July 2015. -Law on consent to the agreement on Cooperation between the federal State, the Flemish Region, the Walloon Region, the Brussels-Capital Region, the Flemish community, the French community, DG Belgiens, the Brussels-capital joint Community Commission and the French Community Commission concerning the methods of operation of the inter-Federal's Statistics Institute, the Board of Directors and the Scientific Institute of Auditors committees national done at Brussels, 15 July 2014 (1) PHILIPPE, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 74 of the Constitution.
S.
2 consent is given to the cooperation agreement of July 15, 2014, between the federal State, the Flemish Region, the Walloon Region, the Brussels-Capital Region, the Flemish community, the French community, DG Belgiens, the Brussels-capital joint Community Commission and the French Community Commission concerning the methods of operation of the inter-Federal's Statistics Institute, the Board of Directors and the Scientific Institute of Auditors committees national annexed to this Act.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, 17 July 2015.
PHILIPPE by the King: the Minister of the economy, K. PEETERS sealed with the seal of the State: the Minister of Justice, K. GARG _ Note (1) Note House of representatives: (www.lachambre.be) Documents: 54-1136 (2014/2015) full report: 8 and July 9, 2015.

COOPERATION agreement between the FEDERAL State, the FLEMISH REGION, the Walloon REGION and the REGION of Brussels - capital, LA COMMUNAUTÉ FLAMANDE, LA COMMUNAUTÉ FRANÇAISE, the German-speaking community, the community municipality of Brussels-capital and the COMMISSION community French concerning the modalities of operation of the Institute INTERFEDERAL statistical COMMISSION of Council of Directors and of committees scientists of the Institute of accounts national Vu the Special Act of 8 August 1980 institutional reforms article 92bis.
Having regard to the Special Act of 12 January 1989 relating to Brussels Institutions, articles 4 and 42;
Pursuant to law of 4 July 1962 on official statistics, as amended by the laws of August 1, 1985 and March 22, 2006;
Having regard to the Act of 21 December 1994 amending of social and various provisions, title VIII, as amended by the Act of March 8, 2009 and the law of February 28, 2014;
Having regard to the agreement of the Comité de concertation on 5 February 2014 and March 19, 2014;
Whereas it was agreed in the interinstitutional agreement of October 11, 2011, the national Institute of statistics is interfédéralisé and that the federated entities are integrated into the national accounts Institute;
Whereas a cooperation agreement should establish the specific terms of this interfederalisation and this integration;
Whereas it is desirable to ensure the legal certainty that the federal State, the Regions and communities define the modalities to ensure properly and efficiently operating an interfederal Institute of statistics and the national accounts Institute, as well as the transmission of 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 Governments 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;
Region the Brussels - Capital, represented by the Government of the Region of Brussels - capital 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 met in the person of its relevant members for finance, the Budget and External Relations, Mrs Evelyne Huytebroeck and Mr. Guy Vanhengel;
The French Community Commission, represented by the College in the person of Mr. Christos Doulkeridis, Minister-President;
hereinafter referred to as "the parties", it is agreed as follows: Chapter I. -Provisions General Section 1. -Definitions Article 1. For the purposes of this agreement of cooperation, is meant by: 1 ° statistical authority: the service referred to in article 36;
2 ° public statistics: statistics produced and disseminated by the statistical authorities or other public bodies which are accessible to the public and which are used to ensure the development, execution, follow-up and evaluation of public policies;
3 ° statistical programme: programme prepared annually by the statistical authorities within their competence;
4 ° integrated statistical programme: programme prepared annually as directed by Eurostat (Code of good practice for European statistics) by inter-Federal Institute for statistics, referred to in article 8; This program includes agreements concerning public statistics to collectively or actions which should improve the quality of statistics.
Section 2. -Scope and object art. 2. the present cooperation agreement shall define the tasks, the composition and the terms of operation of the inter-Federal Institute of statistics, as well as the composition and the functioning of the Board of Directors and the scientific committees of the Institute of Auditors national.
The integration of Regions and communities in the Board of Directors of the NAI establishes equality of rights and duties as associated authorities (each authority associated with being subject to a specification defining its missions within the ICN), in accordance with the law of 21 December 1994 establishing social and various provisions, title VIII.
All parties will have equal and simultaneous access to tables and statistical forecasts referred to in articles 111 and 112 of this Act.
For the application of articles 2, 15, 15A, 17 to 18 of Act of 4 July 1962 on official statistics, the statistical authorities shall be treated at the national Institute of statistics.
S. 3. the present cooperation agreement is intended, on the one hand, to enable collaboration between the parties in order to effectively manage the public statistics and any consequences resulting and, on the other hand, to define the responsibilities are related.
Section 3. -Commitments of the contracting parties article
4. the parties, within their respective competences, the necessary measures in order to carry out the provisions of this agreement of cooperation and of reconciling federal, community and regional measures.
S. 5. each party undertakes to: o inform the other parties of any new regulation likely to have an impact, in the context of the implementation of this cooperation agreement, on the exercise of the competences of these other parties;
o constantly exchanging information with the other parts that are necessary for the performance of their respective tasks. This Exchange is done for free on terms agreed between the parties;
o respond in any loyalty, to the extent of the availability of the required data, to any request by another party within the time limits imposed by regulations, both federal and deadlines that regional and community, and which are specific to each sector.
S. 6. where a party would carry out a mission for the benefit of another party at the request thereof or in a joint project, the latter will make available to the other party the necessary means.
CHAPTER II. -The inter-Federal Institute of Statistics Section 1st. -Creating art.
7. There is created a public establishment with legal personality, called «Inter-Federal Institut de Statistique», hereinafter referred to as "IIS".
The headquarters of ISI is established in the administrative arrondissement of Brussels-capital.
ISI works under the authority of an interdepartmental conference of statistics, constituted by the Ministers with statistics among their skills of federal Governments, communities and regions.
The IIS is managed by a Board of Directors.
Section 2. -Missions subsection 1. -Coordination of statistical programs and drafting of an integrated statistical programme article 8. the statistical authorities shall transmit annually, their statistical programme to IIS.
Coordination of statistical programmes, referred to in the first subparagraph, applies to public statistics.
Statistics compiled by the National Bank of Belgium within the European system of central banks are not in the scope of this cooperation agreement.
ISI annually establishes an integrated statistical programme and monitors the needs in statistical information of the different authorities and their international obligations, to improve the quality of government statistics and to reduce the overall response burden. IIS regularly informed the

Higher Council for the implementation of the statistical programme statistics integrated.
Sub-section 2. -Opinion on the Belgian positions in international statistical forums s. 9. the IIS can provide opinions on the positions that the Belgium adopted at international meetings concerning the development of public statistics.
Representation at the operational level will be concerted within the Board of Directors of the IIS according to the expertise and proficiency, in respect for the international rules applicable in this matter. Representation at the strategic level will be ensured by the official leader of the INS. It will exercise this role of spokesman of the Belgian position in respect of the notice or the mandate of the Board of Directors of the IIS or the ICN. In international forums, he will be each time accompanied by the Chairman or the Vice-Chairman of the IIS, ensure that the federated entities are always represented and, where appropriate, by the president of the ICN.
Sub-section 3. -Recommendations methodological s. 10. the IIS can make methodological recommendations to public bodies who develop public statistics. These recommendations are made in reference to a code of practice to set the IIS or as a result of comments submitted by international bodies.
Subsection 4. -Monitoring of the quality of the statistical production art.
11. the IIS and statistical authorities carry out permanent monitoring of quality at every stage of the production of statistics and for all public services related to their work in accordance with the Code of good practice for European statistics.
The IIS will apply in this respect the principles of the single audit.
CHAPTER III. -Composition, chairmanship and functioning of the inter-Federal Institute of Statistics Section 1st. -Composition articles 12. the Board of Directors of the ISI is composed of six members appointed by their competent authority in accordance with the provisions set out in this section.
S. 13. the federal public Service economy, SMEs, Middle Classes and energy is represented by its president. The national Institute of statistics is represented by the supervising official. The National Bank of Belgium is represented by a member of the Executive Committee.
S. 14. the regions shall each designate a representative.
These representatives are selected from senior officials (statutory or contractual) their statistical authority.
S.
15. the Office of planning, communities and the Joint Community Commission may appoint each a representative who will attend the Board of Directors of the ISI as an observer.
The representatives of the communities and the Community Commission are chosen among senior officials (statutory or contractual) their statistical authority.
Section 2. -Presidency and secretariat s.
16 is chaired in turn by a member of the ISI for a period of one year, in accordance with the rules laid down in the rules of procedure referred to in article 20.
A Vice President is designated belonging to a linguistic and a level of power other than the president, who is chosen from among the members of the IIS.
S. 17. the Chairman, in close collaboration with the secretariat, establishes, with the vice-president, the agenda of the meetings, convenes meetings members, presides over the debates and is responsible for the preparation of reports.
S.
18. in the event of the absence or incapacity of the president, its powers are exercised by the vice-president.
S.
19. the secretariat has its headquarters in the INS and ISI members contribute to its functioning, in accordance with the rules laid down in the rules of procedure referred to in article 20.
Section 3. -Operation s. 20. the Board of Directors of IIS stops a rules of procedure to determine its mode of operation.
Section 4. -Funding art. 21. the costs of the secretariat are borne by each of the signatories at their share in the number of members to the Board of Directors.
This can particularly be done in the form of provision of personnel.
CHAPTER IV. -Composition and functioning of the Board of Directors and the scientific committees of the Institute of national accounts Section 1st. -Composition of the Board of Directors art. 22. the Board of Directors of the NAI is composed of twelve members appointed by their competent authority in accordance with the provisions set out in this section.
S. 23. the federal public Service economy, SMEs, Middle Classes and energy is represented by its president as well as the official leader of the national Institute of statistics.
S.
24. the National Bank of Belgium is represented by the Governor, accompanied by a member of the Board of Directors of the other role lingusitique.
S. 25. the federal Planning Bureau is represented by the Commissioner to the plane accompanied by a member of the Board of Directors of the other linguistic role.
S.
26. two representatives are designated 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 role by the Government of the Brussels-Capital Region after consultation with the College attended by the Commission Communautaire commune or joint and the College of the French Community Commission.
The two representatives are whenever the supervising official or the official officer Deputy of a statistical authority and an expert in economic or budgetary statistics.
The Government of the German-speaking community may designate a representative who will attend the Board of Directors of the NAI as an observer. This representative is the supervising official or the official officer Deputy of a statistical authority or an expert in economic or budgetary statistics.
Members and non-designated observers of right cannot exercise the mandates of Member of the legislative chambers, Member of Parliament of a community or a region, permanent member, Mayor or Alderman of Commons of more than thirty thousand inhabitants. They may not belong to the strategic military 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 Governing Council is chaired by a panel of 4 members, namely the president of the federal public Service economy, SMEs, Middle Classes and energy and three representatives of the regional statistical authorities.
The president of the college is appointed unanimously by the members of the college. Pending this decision, is chaired by the president of the federal public Service economy, SMEs, Middle Classes and energy.
S. 28. the college shall establish, in close collaboration with the secretariat, the agenda of the meetings and shall convene the members at meetings.
The president leads the discussion and is responsible for the preparation of reports.
S.
29. in the event of the absence or incapacity of the president, his powers are exercised by another Member of the college.
S. 30. the secretariat has its headquarters in the federal public Service economy, SMEs, Middle Classes and energy and member of the Board of directors contribute to its functioning, in accordance with the rules laid down in the rules of procedure referred to in article 35.
The secretariat of the Governing Council provides all of the internal and external communications the NAI under the responsibility of the college.
Section 3. -Composition of the scientific committees art.
31. the Scientific Committee on national accounts is composed as follows:-two members, of different linguistic role, offered by the National Bank of Belgium, which one assumes the chairmanship of the Committee;
-two members, different linguistic role proposed by the federal Minister of Economic Affairs, selected from among officials of the national Institute of statistics;
-two members, of different linguistic role proposed by the federal Planning Bureau;
-two members officials proposed by the Flemish Government on the basis of their expertise;
-Member official proposed by the Walloon Region based on its expertise;
-two staff members, of different linguistic role proposed by the Region of Brussels - capital based on their expertise.
-Member official proposed by the French community based on its expertise;
-Member official proposed by the German-speaking community based on its expertise;
-six faculty members performing their duties in a university or a high Belgian School of which three are nominated by the Flemish community and three by the French community on the basis of their competence in the field of economic statistics.
The members of this Committee may not exercise the mandates of Member of the legislative chambers, Member of the Parliament of a community or of a region, of permanent member, Mayor and Alderman for municipalities of more than thirty thousand inhabitants. They may not belong to the strategic military cell of a member of the federal Government or a member of a Government of the communities or regions.
The secretariat has its headquarters to the president.
S. 32. a Scientific Committee is entitled 'Committee of Auditors of public administrations '. This Committee will be responsible to ensure follow-up of the work of the Committee in support, put in place on June 30, 2005 by the Board of Directors of the NAI, and

will consider requests for opinions under the rules of the ESA. This includes the analysis of the scope of consolidation.
The Committee of Auditors of public administrations is composed as follows:-two members, of different linguistic role, offered by the National Bank of Belgium, which one assumes the chairmanship of the Committee;
-one member proposed by the federal Planning Bureau;
-Member official proposed by the federal Minister of Economic Affairs;
-one member proposed by the federal Minister of finance, chosen among officials of the Service of the Department study;
-Member official proposed by the federal Minister of Social Affairs;
-one member proposed by the Minister federal budget, chosen among the officials of the FPS Budget and management control;
-two members officials proposed by the Flemish Government on the basis of their expertise;
-Member official proposed by the Walloon Region based on its expertise;
-two staff members, of different linguistic role proposed by the Region of Brussels - capital based on their expertise.
-Member official proposed by the French community based on its expertise;
-Member official proposed by the German-speaking community based on its expertise;
In the appointment of its members, the federal Government will ensure language parity.
The members of this Committee may not exercise the mandates of Member of the legislative chambers, Member of the Parliament of a community or of a region, of permanent member, Mayor and Alderman for municipalities of more than thirty thousand inhabitants. They may not belong to the strategic military cell of a member of the federal Government or a member of a Government of the communities or regions.
The secretariat has its headquarters to the president.
S. 33. the Scientific Committee on the economic budget is composed as follows:-two members, of different linguistic role proposed by the federal Planning Bureau, which one assumes the chairmanship of the Committee;
-two members, different linguistic role proposed by the federal Minister of Economic Affairs, selected from among officials of the national Institute of statistics and the Research Department of the Department;
-two members, of different linguistic role, offered by the National Bank of Belgium;
-one member proposed by the federal Minister of finance, chosen among officials of the Service of studies of the Department;
-Member official proposed by the federal Minister of Social Affairs;
-Member official proposed by the national social security Office;
-Member official proposed by the federal Minister of employment;
-Member official proposed by the national employment agency;
-one member proposed by the Minister federal budget, chosen among the officials of the FPS Budget and management control;
-two members officials proposed by the Flemish Government on the basis of their expertise;
-Member official proposed by the Walloon Region based on its expertise;
-two staff members, of different linguistic role proposed by the Region of Brussels - capital based on their expertise.
-Member official proposed by the French community based on its expertise;
-Member official proposed by the German-speaking community based on its expertise.
In the appointment of its members, the federal Government will ensure language parity.
The members of this Committee may not exercise the mandates of Member of the legislative chambers, Member of the Parliament of a community or of a region, of permanent member, Mayor and Alderman for municipalities of more than thirty thousand inhabitants. They may not belong to the strategic military cell of a member of the federal Government or a member of a Government of the communities or regions.
The secretariat has its headquarters to the president.
S. 34. the Scientific Committee for the observation and analysis of prices is composed as follows:-three members one of whom at least another linguistic role proposed by the federal Minister of the economy, chosen from among officials of the Department, which one assumes the chairmanship of the Committee;
-two members, of different linguistic role, offered by the National Bank of Belgium;
-two members, of different linguistic role proposed by the federal Planning Bureau;
-one member proposed by the central Council of the economy;
-two members officials proposed by the Flemish Government on the basis of their expertise;
-Member official proposed by the Walloon Region based on its expertise;
-two staff members, of different linguistic role proposed by the Region of Brussels - capital based on their expertise.
-Member official proposed by the French community based on its expertise;
-Member official proposed by the German-speaking community based on its expertise;
-four teachers performing their duties in a university or a high Belgian School of which two are nominated by the Flemish community and two by the French community according to their skills in the economic field.
In the appointment of its members, the federal Government will ensure language parity.
The members of this Committee may not exercise the mandates of Member of the legislative chambers, Member of the Parliament of a community or of a region, of permanent member, Mayor and Alderman for municipalities of more than thirty thousand inhabitants. They cannot belong the strategic cell of a member of the federal Government or a member of a Government of the communities or regions.
The secretariat has its headquarters to the president.
Section 4. -Operation s. 35. the Board of Directors of the NAI determines in a rules of procedure the rules of functioning of the Board of Directors and the scientific committees, and those relating to the functioning, composition and the role of the secretariat.
The costs of operation of the ICN are supported by each of the parties for their part in the number of members to the Board of Directors. This can particularly be done in the form of provision of personnel.
Chapter V. - Statistical confidentiality and consequences y related Section 1st. -Conditions which meet the statistical authorities art. 36. the federal Government, the Governments of the Regions and the communities, the College meeting of the Joint Community Commission and the Commission for Community College French designate, among their services, a service which is of the quality of statistical authority and who fulfils the following conditions: 1 ° the service concerned is organized by a law, a decree or an order or pursuant to such provisions;
2 ° the relevant service guarantees the rights of registrants and ensures compliance with statistical confidentiality, including: i. by appointing a delegate to the protection of data;
II. by adopting a code of conduct defining the rules and guidelines imposed on members of the service privacy, protection of privacy, secrecy of the business and data protection.
3 ° the statistical service carries out its tasks in compliance with the guiding principles of official statistics, in accordance with the Code of good practice for European statistics set by the European Union (Eurostat).
S.
37. subject to the application of the legal provisions in force concerning the collection of statistical information, the parties shall review the implementation of statistical surveys, the confidentiality of the data and the possibilities of using (reuse) administrative data as much as possible.
Section 2. -Communication of confidential data between statistical authorities art.
38. the transmission of confidential data can take place between statistical authorities provided that it is necessary for the effectiveness of the development, production and dissemination of official statistics, or to improve their quality.
S. 39. the rules on statistical confidentiality may not be invoked against the transmission of data on the basis of article 38.
S. 40. any onward transmission to the first transmission requires the express consent of the statistical authority which conducted the data collection.
S.
41. data transmitted in accordance with article 38 are used exclusively for statistical purposes and are accessible to agents performing statistical tasks in their particular field of activity.
S. 42. the statistical authorities are required with respect to third parties to the obligations resulting from the statistical confidentiality, in accordance with the provisions of the law of 4 July 1962 on public statistics.
CHAPTER VI. -Provisions finals s. 43. this agreement is concluded for an indefinite period and comes into force after its approval by all parties.
S.
44. the denunciation of all or part of the agreement requires one year's written notice. In this case, the parties undertake to negotiate a new agreement endeans the duration of this notice and to continue to provide the current necessary collaboration.
S. 45. all parties are responsible, each in relation to the implementation of this agreement. This also includes the amendment of the relevant laws which must be adapted to the provisions of the present cooperation agreement by January 1, 2016.
Done at Brussels, 15 July 2014, in a single copy, Dutch text

and french authentic, which shall be deposited with the central Secretariat of the Committee for consultation, which will carry certified copies and the publication in the Moniteur belge.
For the federal State: Prime Minister, E. DI RUPO the Deputy Prime Minister and Minister of economy, J. VANDE LANOTTE to the Flemish community and the Flemish Region: Minister-President, K. PEETERS for the Walloon Region and the French Community: the Minister-President, R. DEMOTTE to the German-speaking community: the Minister-President, O. PAASCH for the Brussels - Capital Region: the Minister-President, R. VASU for the common Community Commission of Brussels-capital : Competent Member for finance, the Budget and External Relations, G. VANHENGEL Ms. E. HUYTEBROECK for the Community Committee French: the Minister-President, c. DOULKERIDIS