Law On Insertion Of The Book Xiii «Concertation», In The Code Of Law Economics (1)

Original Language Title: Loi portant insertion du Livre XIII « Concertation », dans le Code de droit économique (1)

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2013011651&caller=list&article_lang=F&row_id=1000&numero=1018&pub_date=2014-01-09&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-01-09 Numac: 2013011651 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES averages and energy 15 December 2013. -Law on insertion of the book XIII «Concertation», in the Code of law economic (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -The Code of economic law art. 2. the following provisions constitute the book XIII, "Dialogue", the code of economic law: "book XIII. Consultation title 1.
-Central Council of economy Organization General s. XIII.1er. There shall be established a public institution called "Central Council of the economy", whose mission is to issue to the attention of the legislative chambers, the Council of Ministers, one or more Ministers or of any other federal public authority, either initiative, or at the request of these authorities and in the form of written reports all opinions or proposals concerning the national economy-related problems. These opinions or proposals are adopted at the consensus. In the absence of consensus, the opinion takes up the different views expressed by its members.
S. XIII.2. the central Council of the economy is composed of a Chair and members with the number fixed by royal decree, not exceeding fifty-six.
Members are appointed equally among these candidates: 1 ° on the one hand, by the organizations most representative of industry, services, agriculture, trade and crafts and the non-profit sector, establishing for this purpose of the lists double of candidates including a number represent small enterprises and family businesses;
2 ° on the other hand, by the organizations most representative of the workers, as referred to in article 2, § 4, paragraph 2 of the Act of May 29, 1952, organic of the national labour Council, which establish for this purpose lists double candidates including a number representing the consumer cooperatives.
Members appointed under paragraph (2) offer on double lists, six personalities renowned for their scientific value or technique.
The central Council of the economy has so many alternate members as staff. Some other designated under the same terms and are appointed by royal decree.
Representatives of public administrations or public services may be invited to give their opinions to the central Council of the economy whenever their consultation proves to be timely.
The central Council of the economy is chaired by a foreign personality to the administration and to the organizations that are represented in its midst and designated by royal decree after consultation with the central Council of the economy.
S.
XIII.3. president is appointed for six years. The appointment is renewable.
The mandate of Member of the central Council of the economy is for a period of four years. It is renewable.
S. XIII.4. A royal decree deliberated in the Council of Ministers determines the procedures for submission of the full and alternate members, as well as the modalities of operation of the central Council of the economy.
The central Council of the economy itself establishes its rules of procedure, which is subject to the approval of the King.
This Regulation shall determine inter alia the Organization of cooperation between the central Council of the economy and the special consultative commissions established within the central Council of the economy, in accordance with title 2.
A royal decree taken on motivated report of the central Council of the economy sets the framework and the status of the staff of the secretariat, as well as the modalities of operation of it.
The Secretary and the Assistant Secretary are appointed and dismissed by the King, after consultation with the central Council of the economy.
The other members of staff are appointed and dismissed by the central Council of the economy.
The annual budget, prepared by the central Council of the economy, is submitted with the grant proposal for the approval of the Minister, who entered the appropriations needed for the budget of the FPS economy.
S. XIII.5. the secretariat of the central Council of the economy's mission, under the authority and control of the central Council of the economy: 1 ° to ensure services of registry and commissary;
2 ° to gather the documentation and to prepare studies and reports on the work of the central Council of the economy;
3 ° to support the work of the special consultative commissions established within the central Council of the economy, in accordance with title 2. In any case, the secretariat of the central Council of the economy must be represented at the meetings of the special consultative commissions in the case provided for in article XIII.20, § 2.
He is qualified to gather, concerning the subject of these works, the information in the possession of the Directorate General statistics and economic Information, the national social security Office, as well as organizations on behalf of which the latter receives contributions, the National Bank of Belgium, the federal plan and other public institutions Bureau.
The information to be provided by these institutions is in surveying global and anonymous, excluding any individual statistic.
TITLE 2. -Special advisory commissions Chapter 1. -Creating art. XIII.6. Special Advisory Committees may be established within the central Council of the economy for branches determined economic activity, either by the central Council of the economy, or by the King.
They are responsible for issue to the attention of legislative chambers, the Council of Ministers, one or more Ministers, any other federal public authority or the central Council of the economy, or initiative, or at the request of these authorities or the central Council of the economy and in the form of written report all opinions or proposals concerning problems relating to the field for which they are competent.
These opinions or proposals are adopted at the consensus. In the absence of consensus, the opinion takes up the different views expressed by its members.
CHAPTER 2. -Composition and functioning art.
XIII.7. special advisory commissions include, in addition to the president, two vice-presidents and full and alternate, members appointed by the King, whose number is set by him.
Members are chosen from among candidates nominated by the organisations designated by the King. The King may also appoint members chosen among personalities renowned for their scientific value or technique. Opinion of the Council is sought in the context of the composition of the special consultative commissions.
The preceding paragraphs do not apply to the special advisory commissions referred to in Chapter 4, imposed by the central Council of the economy.
A special advisory commission has so many alternate members as staff. Only the substitute that replaces the full member has voting rights.
In case of replacement of a member or an alternate member, the designated person completes the term of his predecessor.
S.
XIII.8 the King can determine the amount of the allowance granted to the president, vice-presidents and members of a Special Advisory Committee.
For special advisory commissions referred to in Chapter 4, imposed by the central Council of the economy, the amount of the allowances referred to in paragraph 1 is determined by the central Council of the economy.
S. XIII.9 the King may determine rules compelementaire for the Organization and operation of a Special Advisory Committee.
S. XIII.10. each special consultative commission stops itself its internal regulations, which is submitted for approval to the central Council of the economy.
Each special consultative commission shall establish each year a report.
S. XIII.11. each special consultative commission Presidency is ensured by a foreign personality to the administration and to the organizations that are represented in its midst.
For special advisory commissions referred to in Chapter 4, imposed by the central Council of the economy, the president is appointed by the central Council of the economy, after consultation with the relevant Committee.
S. XIII.12. the mandate of president, vice-president and members of a special consultative commission is renewable.
S.
XIII.13. A lack of special rules in the acts of creation of a Special Advisory Committee, its secretariat is provided by the central Council of the economy.
S. XIII.14. A special advisory commission may validly when half at least of its members is present. After a second convocation, it may validly deliberate irrespective of the number of members present.
S. XIII.15. in the exercise of its powers, a special advisory commission may hear third parties and appoint experts, in the manner and according to the rules determined by its rules of procedure.
S. XIII.16. the secretariat of the central Council of the economy is empowered, at the request of a Special Advisory Committee, meet with companies under its jurisdiction, individual information on specific points discussed on the occasion of the preparation of an opinion or a proposal.
These information

individual can however be brought to the attention of the special advisory commission in the form of overall results, excluding any particular information from a particular undertaking.
CHAPTER 3. -Integration of the existing consultative committees art.
XIII.17. the King can integrate, by deliberate royal decree in the Council of Ministers, the advisory boards, with jurisdiction to issue opinions to generality in the economic sphere, the central Council of the economy, in the form of a special advisory commission as referred to in articles XIII.6 to XIII.16, after receiving the opinion of the central Council of the economy and the relevant Advisory Committee.
To this end, the King may repeal, amend, supplement or replace existing legal provisions.
CHAPTER 4. -The special advisory commissions imposed by the central Council of the economy article
XIII.18. except for industries whose businesses include not salaried workers, special advisory commissions, established by the central Council of the economy, are composed of members chosen jointly among persons presented by the representative organisations of entrepreneurs and workers concerned.
The members selected pursuant to paragraph above, are Deputy personalities renowned for their scientific or technical value and whose number may be greater than four per Committee. Their designation is done according to the procedure laid down in article XIII.2.
Special advisory commissions have provided alternate members and staff. Each other designated under the same terms and are appointed by the central Council of the economy.
S. XIII.19. the central Council of the economy sets the number, the duration of the mandate and specifies the procedures for submission of the full and alternate members and the president and vice-president of each special consultative commission, as well as its modalities of operation.
CHAPTER 5. -Provisions particular Section 1st.
-Treatment of requests for opinions art. XIII.20. § 1. Any request for notice of a public authority for which the central Council of the economy or a special consultative commission incorporated in its midst is competent shall be lodged with the secretariat of the central Council of the economy.
The president of the central Council of the economy sends the request for an opinion to the or to the special advisory commissions concerned, on a proposal from the Secretary-General.
§
2. When several special advisory commissions are seized of an application having the same object, the notice of the special consultative commissions are integrated into an overall opinion of the central Council of the economy. The secretariat of the central Council of the economy shall transmit that opinion to the public authority which requested the opinion.
§ 3. Public authority seeking a notice indicates in its application the endeans time which notice must be given. This period may not be less than one month, except in duly substantiated emergencies.
The notice shall be given within the time fixed by the public authority. If this time is exceeded and no opinion has been delivered, this notice is no longer required.

§ 4. The notice of the special consultative commissions shall be adopted by consensus. In the absence of consensus, the notice takes the different views expressed by members.
§
5. Notices of special advisory commissions and the overall opinion of the central Council of the economy are motivated.
Section 2. -Relationship between the central Council of the economy and commissions Advisory special s. XIII.21. within the limits of what is stipulated in the present book, the central Council of the economy and the special consultative commissions perform their functions with the broader autonomy.
Special advisory commissions chairpersons and the Secretary of the central Council of the economy, or in his absence, the Deputy Secretary shall consult: 1 ° on questions of common interest;
2 ° to decide to what extent the reports and the information provided for in articles XIII.5 and XIII.16 can be put at the disposal of the central Council of the economy, different special advisory committees or the secretariat;
3 ° to coordinate the methods of work, particularly in the case of application of article XIII.20 § 2.
The Secretary communicates the decisions of this consultation, respectively to the Office of the central Council of the economy and the special consultative commissions.
Section 3. -Provisions relating to the secretariat and staff art. XIII.22. the scales of the Secretary and staff members, are assimilated to those of agents of the State functions and equivalent qualifications.
They are subject to the regime of social security, with the exception of the agents to which pension plan established by the law of April 28, 1958 on the pension of the members of the staff of selected agencies of public interest and their successors was made applicable by the King.
The provisions on cumulation in public administrations shall also apply.
It is forbidden to the Secretary and members of the staff to perform any in the organisations represented at the central Council of the economy or to the special advisory commissions.
Holders of office with knowledge of individual information, take the hands of the Minister of Economic Affairs in his or her attributions, or his delegate, the oath provided for in article 2 of the Decree of July 20, 1831.
They also take the following oath: "I swear does not promote or interfere with no particular interest, not disclose any individual information which I know because my duties, without legal authorization, or without consent of the persons concerned".
S. XIII.23. the arrangements for the exercise of the budgetary and financial control of the central Council of the economy and the secretariat are determined by royal decree.
CHAPTER 3. -Provisions repealing art. 3. articles 1 to 13 of the Act of 20 September 1948 on organisation of the economy, amended by the royal decree of 9 October 1986, by the law of 26 March 1999 and by the law of December 30, 2009, are repealed.
CHAPTER 4. -Allocation of competencies art. 4. any laws or existing decrees which make reference to the repealed provisions referred to in article 3 are presumed to refer to the equivalent provisions of the Code of economic law, as that inserted by this Act.
S. 5. the King may replace such references in the laws or existing orders to the repealed provisions referred to in article 3 by references to the equivalent provisions of the Code of economic law, as inserted by the Act.
S. 6. the King can coordinate the provisions of the Code of economic law, as that inserted by this law, with provisions that would have expressly or implicitly modified at the time where the coordination will be established.
To this end, it may: 1 ° modify the order, numbering and, in general, the presentation of the provisions to coordinate;
2 ° amend the references contained in the provisions to coordinate to put them in line with the new numbering;
3 ° amend the drafting of the provisions to coordinate to ensure consistency and to unify the terminology without that it can be infringed the principles embodied in these provisions.
CHAPTER 5. -Entry into force art. 7. the King determines the date of entry into force of each of the provisions of this Act and each of the provisions inserted by this law in economic law.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels, December 15, 2013.
PHILIPPE by the King: the Minister for the economy and consumers, J. VANDE LANOTTE the Minister of Middle Classes, Ms. S. LARUELLE sealed with the seal of the State: the Minister of Justice, Mrs.
TURTELBOOM _ Note (1) see: Records of the House of representatives: 53-3002-2012/2013: No. 1: Bill.
53 - 3002 - 2013/2014 No. 2: report. -No. 3: Texts adopted by the commission. -No 4: Text adopted in plenary meeting and transmitted to the Senate.
Full record: 14 November 2013.
The Senate documents: 5-2344-2013/2014: No. 1: project not referred by the Senate.