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15 DECEMBER 2013. - Act to insert Book XIII "Concertification" in the Economic Law Code (1)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - The Economic Law Code
Art. 2. The following provisions are Book XIII, "Concertation", of the Economic Law Code:
"Book XIII. Concertation
PART 1^er. - Central Economic Council
General Organization
Art. XIII.1^er. It is established a public institution called the "Central Council of the Economy", whose mission is to bring to the attention of the Legislative Chambers, the Council of Ministers, one or more ministers or any other federal public body, either on initiative or at the request of these authorities and in the form of written reports any notice or proposals concerning problems relating to the national economy. These opinions or proposals are adopted by consensus. In the absence of consensus, the opinion takes up the different views expressed by its members.
Art. XIII.2. The Central Council of the Economy is composed of a president and effective members whose number, fixed by royal decree, cannot exceed fifty-six.
The effective members shall be appointed in equal number among the candidates nominated:
1° on the one hand, by the most representative organizations of industry, services, agriculture, trade and crafts and the non-market sector, which establish double lists of candidates, a number of which represent small businesses and family enterprises;
2°, on the other hand, by the most representative organisations of the workers, as referred to in Article 2, § 4, paragraph 2 of the Act of 29 May 1952 organic of the National Labour Council, which establish for this purpose double lists of candidates of which a number representing the consumer cooperatives.
Members designated under paragraph 2 propose, on dual lists, six personalities known for their scientific or technical value.
The Central Council of the Economy has as many alternate members as staff. Both are appointed in the same manner and appointed by Royal Decree.
Public administration or public service representatives may be invited to give their views to the Central Economics Council whenever their consultation is appropriate.
The Central Council of the Economy is presided over by a foreign personality to the administration and organizations that are represented within it and designated by royal decree after consultation with the Central Council of the Economy.
Art. XIII.3. The president is appointed for six years. The appointment is renewable.
The term of membership of the Central Economics Council is four years. He's renewable.
Art. XIII.4. A royal decree deliberated in the Council of Ministers determines the modalities for the presentation of actual and alternate members, as well as the modalities for the functioning of the Central Council of the Economy.
The Central Council of the Economy establishes its rules of procedure, which is subject to the approval of the King.
These regulations include the organization of collaboration between the Central Council of the Economy and the special advisory committees established within the Central Council of the Economy, in accordance with Title 2.
A Royal Decree, taken on a motivated report by the Central Council of the Economy, sets out the framework and status of Secretariat staff, as well as the modalities of its operation.
The secretary and deputy secretary are appointed and revoked by the King, after consultation with the Central Council of the Economy.
Other staff members are appointed and revoked by the Central Council of the Economy.
The annual budget, prepared by the Central Council of the Economy, is submitted with the proposal to support the Minister's approval, which includes the appropriations required for the SPF Economy budget.
Art. XIII.5. The secretariat of the Central Council of the Economy is responsible, under the authority and control of the Central Council of the Economy:
1° to provide transplant and economate services;
2° to gather documentation and prepare studies and reports on the work of the Central Council of the Economy;
3° to support the work of the special advisory committees established within the Central Council of the Economy, in accordance with Title 2. The secretariat of the Central Council of the Economy must be represented at the meetings of the special advisory committees in the case provided for in Article XIII.20, § 2.
It is qualified to collect, with respect to the subject matter of this work, the information in possession of the Directorate General Statistics and Economic Information, the National Social Security Office, and the organizations on whose behalf it receives contributions, the National Bank of Belgium, the Federal Office of the Plan and other federal public institutions.
The information to be provided by these institutions consists only of aggregate and anonymous surveys, excluding any individual statistical data.
PART 2. Special consultative commissions
CHAPTER 1^er. - Creation
Art. XIII.6. Special advisory commissions can be established within the Central Council of the Economy for specific branches of economic activity, either by the Central Council of the Economy or by the King.
Its mission is to bring to the attention of the Legislative Chambers, the Council of Ministers, one or more ministers, any other federal public body or the Central Council of the Economy, either on initiative or at the request of these public authorities or the Central Council of the Economy, and in the form of written reports any notice or proposals concerning the problems relating to the field for which they are competent. These opinions or proposals are adopted by consensus. In the absence of consensus, the opinion takes up the different views expressed by its members.
CHAPTER 2. - Composition and operation
Art. XIII.7. The Special Advisory Committees shall include, in addition to the President, two Vice-Presidents and members appointed by the King, the number of whom shall be determined by him.
Actual members are selected from candidates nominated by representative organizations designated by the King. The King may also appoint members that he chooses from among the prominent figures for their scientific or technical value. The Commission's opinion is sought as part of the composition of the special advisory committees.
The preceding paragraphs do not apply to the special advisory committees referred to in Chapter 4, established by the Central Council of the Economy.
A special advisory committee has as many alternate members as staff. Only the alternate member who replaces the effective member has a deliberate vote.
In the event of replacement of an effective member or an alternate member, the designated person shall terminate the term of office of his predecessor.
Art. XIII.8. The King may determine the amount of allocations to the President, Vice-Presidents and members of a special advisory committee.
For special advisory boards referred to in Chapter 4, established by the Central Council of the Economy, the amount of allocations referred to in paragraph 1^er is determined by the Central Council of the Economy.
Art. XIII.9. The King may determine complementary rules for the organization and operation of a special consultative commission.
Art. XIII.10. Each special advisory commission itself determines its rules of procedure, which is submitted for approval to the Central Council of the Economy.
Each special advisory commission prepares an annual activity report.
Art. XIII.11. The chairmanship of each special consultative commission is ensured by a foreign personality to the administration and organizations that are represented within it.
For the special advisory committees referred to in Chapter 4, established by the Central Council of the Economy, the President is appointed by the Central Council of the Economy, after consultation with the Commission concerned.
Art. XIII.12. The term of office of President, Vice-Chair and members of a special consultative committee is renewable.
Art. XIII.13. In the absence of special rules in the creation or acts of a special consultative commission, its secretariat is provided by that of the Central Council of the Economy.
Art. XIII.14. A special consultative commission may only deliberate validly when at least half of its members are present. After a second convocation, it may validly deliberate, regardless of the number of members present.
Art. XIII.15. In the exercise of its competence, a special advisory committee may hear third parties and designate experts in the manner and according to the rules determined by its rules of procedure.
Art. XIII.16. The secretariat of the Central Council of the Economy is empowered, at the request of a special advisory committee, to gather individual information on specific items considered in the preparation of a notice or proposal from companies within its jurisdiction.
However, this individual information may only be brought to the attention of the ad hoc advisory board in the form of aggregate results, excluding any particular information from a particular undertaking.
CHAPTER 3. - Integration of existing advisory commissions
Art. XIII.17. The King may incorporate, by royal decree deliberated in the Council of Ministers, advisory commissions, having the competence to issue general economic advice within the Central Council of the Economy, in the form of a special consultative commission as referred to in Articles XIII.6 to XIII.16, after the advice of the Central Council of the Economy and the advisory committee concerned.
To this end, the King may repeal, amend, supplement or replace existing legal provisions.
CHAPTER 4. - Special advisory commissions established by the Central Council of the Economy
Art. XIII.18. Except for the branches of activity that do not include employees, the special advisory boards, established by the Central Council of the Economy, are composed of members chosen by unit among the persons presented by the representative organizations of the business leaders and interested workers.
Members selected in accordance with the above paragraph shall be deputies deemed to be of scientific or technical value and whose number may not exceed four per commission. Their designation is made in accordance with the terms and conditions set out in Article XIII.2.
The special advisory boards have as many alternate members as staff. Both are designated in the same manner and appointed by the Central Council of the Economy.
Art. XIII.19. The Central Council of the Economy sets out the number, duration of the mandate and specifies the modalities for the presentation of the actual and alternate members and the chair and vice-chair of each special advisory committee, as well as its modalities of operation.
CHAPTER 5. - Special provisions
Section 1^re. - Processing of notice requests
Art. XIII.20. § 1^er. Any request for advice from a public authority for which the Central Council of the Economy or a special consultative commission established within it is competent shall be submitted to the secretariat of the Central Council of the Economy.
The President of the Central Economics Council shall forward the request for advice to the special advisory board(s) concerned, on the proposal of the Secretary.
§ 2. When several ad hoc advisory committees have a request that has the same purpose, the advice of the special advisory boards is incorporated into a comprehensive opinion of the Central Economics Council. The secretariat of the Central Council of the Economy forwards this notice to the public authority that requested the notice.
§ 3. The public authority requesting a notice indicates in its application the deadline for the notice to be given. This period may not be less than one month, except in the case of a duly motivated emergency.
The notices are given within the time limit set by the public authority. If this deadline is exceeded and no notice has been rendered, this notice is no longer required.
§ 4. The views of the ad hoc advisory committees were adopted at consensus. In the absence of consensus, the opinion takes up the different views expressed by the members.
§ 5. The opinions of the special advisory boards and the overall opinion of the Central Council of the Economy are motivated.
Section 2. - Relationship between the Central Economic Council and the special advisory commissions
Art. XIII.21. Within the limits of what is stipulated in this book, the Central Council of the Economy and the special advisory commissions exercise their powers with the broadest autonomy.
The chairs of the special advisory commissions and the secretary of the Central Economic Council, or in his absence, the Deputy Secretary, shall consult:
1° on matters of common interest;
2° to determine the extent to which the reports and information provided for in Articles XIII.5 and XIII.16 may be made available to the Central Council of the Economy, the various special advisory commissions or the secretariat;
3° to coordinate working methods, especially in the case of the application of Article XIII.20 § 2.
The Secretary communicates the decisions of this consultation, respectively, to the Office of the Central Economic Council and to the special advisory committees.
Section 3. - Secretariat and staff arrangements
Art. XIII.22. The scales of the secretary and the staff members are assimilated to those of officials of the State of equivalent functions and qualifications. They are subject to the social security regime, with the exception of those officers to whom the pension scheme established by the Act of 28 April 1958 relating to the pension of staff of certain public bodies and their beneficiaries was made applicable by the King.
Cumulative provisions in public administrations are also applicable.
The Secretary and staff members are prohibited from exercising any function in the organizations represented in the Central Economics Council or the special advisory committees.
The holders of duties with the knowledge of individual information shall, in the hands of the Minister having economic affairs in his or her office, take the oath provided for in section 2 of the decree of 20 July 1831.
They also take the following oath: "I swear not to promote or harm any particular interest, not to disclose any personal information that I am aware of because of my duties, without legal authorization or consent of the interested persons".
Art. XIII.23. The modalities for the exercise of budgetary and financial control of the Central Council of the Economy and the secretariat are determined by Royal Decree.
CHAPTER 3. - Abrogatory provisions
Art. 3. Articles 1^er to 13 of the Act of 20 September 1948 on the organization of the economy, as amended by the Royal Decree of 9 October 1986, by the Act of 26 March 1999 and by the Act of 30 December 2009, are repealed.
CHAPTER 4. Attribution of skills
Art. 4. Existing royal laws or decrees referring to the repealed provisions referred to in Article 3 are presumed to refer to the equivalent provisions of the Economic Law Code, as set out in this Act.
Art. 5. The King may replace references in existing laws or decrees to the repealed provisions referred to in Article 3 with references to the equivalent provisions of the Economic Law Code, as set out in this Act.
Art. 6. The King may coordinate the provisions of the Economic Law Code, as set out in this Act, with the provisions that would have expressly or implicitly amended them at the time the coordination is established.
To this end, He may:
1° amend the order, numbering and, in general, the presentation of the provisions to be coordinated;
2° amend the references contained in the provisions to be coordinated with a view to aligning them with the new numbering;
3° amend the drafting of the provisions to be coordinated in order to ensure their consistency and to unify the terminology without prejudice to the principles set out in these provisions.
CHAPTER 5. - Entry into force
Art. 7. The King shall determine the effective date of each of the provisions of this Act and of each of the provisions set out in this Act in the Economic Law Code.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 15 December 2013.
PHILIPPE
By the King:
Minister of Economy and Consumers,
J. VANDE LANOTTE
Minister of Average Class,
Mrs. S. LARUELLE
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
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Note
(1) See:
Documents of the House of Representatives:
53-3002 - 2012/2013:
Number 1: Bill.
53-3002 - 2013/2014
Number two: Report. - No. 3: Text adopted by the commission. - No. 4: Text adopted in plenary and transmitted to the Senate.
Full report: 14 November 2013.
Documents of the Senate:
5-2344 - 2013/2014:
No. 1: Project not referred to by the Senate.