Legislation To Enhance Transparency, The Independence And The Credibility Of The Decisions And Opinions In The Field Of Public Health, The Sickness, The Safety Of The Food Chain And The Environment

Original Language Title: Loi visant à renforcer la transparence, l'indépendance et la crédibilité des décisions prises et avis rendus dans le domaine de la santé publique, de l'assurance-maladie, de la sécurité de la chaîne alimentaire et de l'environnement

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Posted the: 2014-02-20 Numac: 2014024057 PUBLIC SERVICE FEDERAL public health, food chain safety and environment 21 December 2013. -An act to enhance transparency, the independence and the credibility of the decisions and opinions in the field of public health, the sickness, the safety of the food chain and the environment 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 78 of the Constitution.
2. for the purposes of this Act, is meant by: 1. direct interest: link of a person, as referred to in article 3, with a company, an institution or organization whose activities, engineering, products, processes, services or strategies fall within the scope of competences of the instances referred to in article 3 as compensation, the holding of shares or bonds, compensation in kind , a report expert and consultancy activities, organization of or participation in congresses, participation in and/or financing of scientific studies, patents;
2. indirect interest: a person indirectly link, as referred to in article 4, with a company, an institution or an organization whose activities, technologies, products, processes, services or strategies fall within the scope of competence of the bodies referred to in article 3 as an advantage not collected personally but enjoyed an instance, a company for which works the person, his or her spouse , cohabiting legal or in fact, a descendant or an ascendant in the first degree;
3. conflict of interest: the situation in which the interests of a person, as referred to in article 4, might influence the conclusions of the bodies referred to in article 3 to draw interest direct or indirect; links with individuals, businesses, institutions, or groups expected to be in competition with those covered by a specific notice may also constitute a conflict of interest;
4. general interest declaration: a declaration on the honour by which the person to whom this Act applies shall inform the instance referred to in article 3 of the entire of the interest related to the activities of this body, established at least over the past 3 years; the model of the general declaration of interest, its deposit, discount, conservation and advertising arrangements are fixed by the King, after receiving the opinion of the bodies referred to in article 3 and the opinion of the Committee on the protection of privacy under the law of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data.
S. 3. the King, by Decree deliberated in the Council of Ministers, establishes and updates the list of competent bodies in the field of public health, health insurance, the safety of the food chain and the environment in which this Act is of application.
4. each person associated with the issuance of notice, proposals, recommendations or decisions emanating from a proceeding referred to in section 3 that it is full member, appointed or invited expert, scientific rapporteur, establishes, when taking office, a statement general interests.
The person referred to in paragraph 1 may take part in the work, deliberations and votes of the instance in which she sits only once the declaration subscribed and/or updated. The Committee referred to in article 5, paragraph 1, on basis of the information contained in this general declaration of interest, statue on participation in work, the deliberation and the vote of the person concerned.
The bodies referred to in article 3 shall inform the persons covered by this Act of the obligations that are under this section and the procedure to follow to comply and remind, at regular intervals, their obligations in this respect.
By way of derogation from paragraphs 1 to 3, the subject of this Act can fill its general declaration of interest after taking office or the beginning of its consultancy if the instance should resort to such person on an urgent basis, in exceptional and unforeseeable circumstances.
In this case, the instance will motivate the urgency before the inauguration or the beginning of the consultancy of the person.
S. 5. all proceedings covered by this Act establish their own system of management of conflicts of interest. A Committee, which is unique to each instance, is responsible for assessing, on the basis of the general declarations of interests, potential conflicts of interest of persons covered by the Act in order to decide on the participation of these people in the work, deliberation and voting. The decisions taken in this regard are motivated. The King determines the rules for the application of this paragraph, including the rules relating to the composition and mode of operation of the Committee.
In order to ensure transparency, instances make it accessible to the public their rules of procedure, their code of ethics, the management system of conflicts of interests put in place and the composition of the Committee referred to in paragraph 1.
Once advice, proposals, recommendations or decisions stopped by the bodies referred to in article 3, the agenda of meetings of work leading thereto, together with the decisions taken and the names of the individuals contributed, are made public excluding character of privacy trade, scientific or information covered by medical secrecy.
S. 6 § 1.
Shall be punished by a prison term of eight days to one month and a fine of 100 euros to 1,000 euros, or one of those penalties only, one that, in the cases referred to in article 4, paragraph 4, fails to establish or update its general declaration of interest.
Is punished by imprisonment of one month to one year and a fine of 200 euros to € 15,000 or one of those penalties only: 1. any person who provides false information that undermines the sincerity of his statement;
2. anyone who conceals negative information or disseminates misleading information during the work and deliberations, as referred to in article 4, paragraph 2.
Is punishable by a fine of 50 euros to 100 euros every person who contravenes any other provision of this Act.
§ 2. Is it appears that a person who participated in the work, deliberation or votes of a proceeding under the Act is concerned by a conflict of interest, the Committee referred to in article 5, paragraph 1, shall decide, in the light of the importance of this conflict of interest, on the validity of the opinion, the proposal, the recommendation or decision taken by this instance.
The King determines the rules for the application of this paragraph.
S. 7. this Act comes into force the first day of the 24th month following its publication in the Moniteur belge.
The King may set a date of entry into force earlier than referred to in paragraph 1.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given at Brussels, December 21, 2013.
PHILIPPE by the King: Deputy Prime Minister and Minister of Social Affairs and public health, Ms. L. ONKELINX sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note House of representatives (www.lachambre.be): Documents: complete record 53-2041: 12 and 13 June 2013 Senate (www.senate.be): Documents: 5-2315