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15 DECEMBER 2013. - Act respecting various provisions concerning administrative simplification (1)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
PART 1^er. - Introductory provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
PART 2. - Chancellery of the Prime Minister
CHAPTER 1^er. - Agency for Administrative Simplification
Art. 2. In section 41 of the Program Act of 10 February 1998 for the promotion of the independent enterprise, the following amendments are made:
(a) in the first sentence of § 1^er, the words "to citizens, associations and administrations" are inserted after the words "to companies";
(b) in § 1^er, 1°, the words "companies and P.M.E. in particular" are repealed;
(c) in § 1^er, the 2° is replaced by the following:
"2° by making proposals aimed at reducing administrative burdens on companies, P.M.E. in particular, citizens, associations and administrations";
(d) § 1^er is completed by the 5th written as follows:
"5° by making proposals, promoting and coordinating actions to improve the quality of regulations. ";
e) in § 2, the words "After the advice of the College of General Secretary, the King" are replaced by the words "The King".
Art. 3. Section 42 of the Act is repealed.
Art. 4. Section 3 comes into force on 1^er January 2014.
CHAPTER 2. - Analysis of prior regulatory impact
Section 1^re. - Definitions
^{Art. 5.} § 1^er. For the purposes of this Act, "regulation impact analysis" means the assessment of the potential effects of any preliminary draft regulation referred to in Article 6 on the economy, the environment, social aspects and administrations, prior to its adoption by the political authority.
§ 2. The impact analysis focuses on:
1° the following transverse objectives:
(a) sustainable development as a policy objective, referred to in Article 7 bis of the Constitution;
(b) the equality of women and men, referred to in Article 10, paragraph 3, of the Constitution;
(c) Policy coherence for development.
2° the following:
(a) administrative costs;
(b) small and medium-sized enterprises.
The King may, by a deliberate decree in the Council of Ministers, extend the impact analysis to other cross-cutting objectives and other matters, with a view to further improving the quality and consistency of the regulations.
Section 2. - Impact analysis
^{Art. 6.} § 1^er. Each member of the government shall, under the conditions laid down by the King by order deliberately in the Council of Ministers, carry out an analysis of the impact referred to in Article 5 of the preliminary bills and of the draft royal or ministerial decrees that fall within its jurisdiction and for which the intervention of the Council of Ministers is required by a legal or regulatory provision.
§ 2. Each member of the government may carry out the impact analysis referred to in Article 5 of the draft bills, the draft royal or ministerial orders, the circulars and decisions that fall within its jurisdiction and for which the intervention of the Council of Ministers is not required, under the same conditions as those referred to in § 1^er.
Art. 7. § 1^er. Impact analysis referred to in Article 5, § 1^er, is carried out according to relevant criteria and indicators that allow for the assessment of potential effects on the transverse objectives and the substances referred to in Article 5, § 2. These criteria and indicators are implemented in an integrated impact analysis form, prepared by the Impact Analysis Committee and approved by the Council of Ministers.
§ 2. The impact analysis referred to in Article 5 may be submitted to the Impact Analysis Committee with a view to verifying its quality within the time limits set by the King, by order deliberately in the Council of Ministers.
§ 3. The King determines, by order deliberately in the Council of Ministers, the missions of the Impact Analysis Committee, its composition, the terms and conditions of its operation, the basic criteria of impact analysis, and the terms and conditions of advertising of the impact analyses carried out.
Section 3. - Expenses and exceptions
^{Art. 8.} § 1^er. The first draft regulations are exempted from impact analysis:
1° Accrediting international agreements and treaties;
2° Enacting cooperation agreements between the federal State and one or more communities or regions;
3° of a purely formal character, whose projects for which the opinion of the Council of State is not requested under Articles 3, § 1^erParagraph 1^erand 5 of the laws on the Council of State, coordinated on 12 January 1973;
4° relative to the self-regulation of the federal authority.
§ 2. Except for impact analysis, the draft regulations:
1° affecting national security and public order;
2° for which the opinion of the State Council is requested under Article 84, § 1^erParagraph 1^er, 2°, laws on the Council of State, coordinated on 12 January 1973 or for which the opinion of the Council of State is not requested in cases of specially motivated emergency, referred to in Article 3, § 1^erParagraph 1^erSame laws.
Section 4. - Amendments
Art. 9. Chapter V/1 of the Law of 5 May 1997 on the Coordination of Federal Sustainable Development Policy, inserted by the Act of 30 July 2010 and containing sections 19/1 to 19/3, is replaced by the following:
"Art. 19/1. The impact assessment is organized by Title 2, Chapter 2 of the Act of 15 December 2013 on various provisions concerning administrative simplification and its enforcement orders.".
Art. 10. In Article 3 of the Law of 12 January 2007 on the Control of the Implementation of the Resolutions of the World Conference on Women held in Beijing in September 1995 and incorporating the gender dimension in all federal policies, the 2nd is replaced by the following:
"2° It conducts an analysis of the pre-impact on the respective situation of women and men, known as "test Gender", in accordance with the terms defined by Title 2, Chapter 2 of the Act of 15 December 2013 on various provisions concerning administrative simplification and its enforcement orders, preliminary bills and draft royal or ministerial orders for which the intervention of the Council of Ministers is required by a legal or regulatory provision. ".
Art. 11. Section 31 of the 19 March 2013 Development Cooperation Act is replaced by the following:
"Art. 31. In order to ensure the coherence of Belgian policies for development in accordance with sections 2, 16°, and 8, the draft laws and the draft royal or ministerial decrees for which the intervention of the Council of Ministers is required by a legal or regulatory provision, are subject to a preliminary impact analysis in accordance with the terms defined by title 2, chapter 2 of the law of 15 December 2013 concerning various provisions concerning administrative simplification and its decrees."
Section 5. - Entry into force
^{Art. 12.} This chapter comes into force on 1^er January 2014.
PART 3. - Economy
CHAPTER 1^er. - Amendment of the Act of 17 July 1975
on business accounting
Art. 13. In Article 4 of the Act of 17 July 1975 on business accounting, amended by Royal Decree No. 22 of 15 December 1978 and by the Act of 1^er July 1983, the following subparagraph is inserted between paragraphs 2 and 3:
"For companies that, in accordance with Article 21bis, paragraph 1^er, of Royal Decree No. 1 of 29 December 1992 on measures to ensure payment of the value added tax, have a cash register system, the auxiliary sales log as referred to in the second paragraph, and the third newspaper referred to in section 5, first paragraph, 3°, shall be replaced by the cash register system referred to in section 1^er of the Royal Decree of 30 December 2009 establishing the definition and conditions to be met by a cash register system in the horeca sector.".
CHAPTER 2. - Electronic lunches
Art. 14. In the Act of 30 December 2009 on various provisions, an article 184/1 is inserted as follows:
"Art. 184/1. Authorized editors of electronic pass titles are allowed to use the number of the National Registry referred to in Article 2, paragraph 2, of the Act of 8 August 1983 organizing a national register of natural persons in order to be able to univocally identify beneficiaries of electronic pass titles".
PART 4. - Inside
CHAPTER 1^er. - Amendments to the Act of 8 August 1983
organizing a National Register of Physical Persons
Art. 15. Article 3, paragraph 1^er, of the Act of 8 August 1983 organizing a National Register of Physical Persons, last amended by the Law of 9 May 2007, is supplemented by the 15th, 16th and 17th grades as follows:
"15° mention of the ascendants to the first degree, whether the filiation is established in the birth certificate, by judicial decision, by recognition or by adoption;
16° the mention of descendants in direct line to the first degree, whether the filiation is established in the birth certificate, by judicial decision, by recognition or by adoption;
17° the acts and decisions relating to the capacity of the major and the incapacity of the minor and the mention of the representative or person who assists the major or the minor".
Art. 16. In the same law, an article 4bis is inserted as follows:
"Art. 4bis. The civil status officer of the municipality where the civil status certificate has been issued shall record in the National Registry the information referred to in Article 3, paragraph 1^erand repeated in that act.
The King shall establish the procedure and procedures for the registration and the procedure for verification of information by the authorities referred to in Article 4, paragraph 1^er".
Art. 17. In section 8 of the Act, replaced by the Act of 25 March 2003, the words "National Registry Identification Number" are replaced by the words "National Registry Number".
Art. 18. In section 9 of the Act, replaced by the Act of 25 March 2003 and amended by the Act of 15 May 2007, the word "accredited" is repealed.
Art. 19. In section 16 of the Act, inserted by the Act of 25 March 2003 and amended by the Act of 15 May 2007, the following amendments are made:
1° in paragraph 1^er, 1°, the words "National Registry Identification Number" are replaced by the words "National Registry Number";
2° in paragraph 1^er, 8°, the word "accredited" is repealed.
Art. 20. § 1^er. Articles 15 and 16 come into force on 1^er January 2015.
§ 2. With respect to Article 15, the King may set a date of entry into force prior to that mentioned in § 1^erfor each of the missing information referred to in Article 3, paragraph 1^er, 15° to 17°, of the law of 8 August 1983 organising a National Register of Physical Persons.
A period of one year shall be granted to municipalities from the date of entry into force of Article 15, with a view to supplementing the missing information referred to in Article 3, paragraph 1^er, 15° to 17°, of the law of 8 August 1983 organising a National Register of Physical Persons.
§ 3. With respect to Article 16, the King may set a date of entry into force prior to that mentioned in § 1^er.
CHAPTER 2. - Amendments to the Act of 19 July 1991 relating to population registers, identity cards, foreign cards and residence documents and amending the Act of 8 August 1983 organizing a National Register of Physical Persons
Art. 21. In section 6 of the Act of 19 July 1991 on population registers, identity cards, foreign cards and residence documents and amending the Act of 8 August 1983 organizing a National Register of Physical Persons, replaced by the Act of 25 March 2003 and last amended by the Act of 28 April 2010, the word "accredited" is repealed.
Art. 22. In article 6bis, § 2, of the same law, inserted by the law of 25 March 2003 and amended by the law of 15 May 2007, the word "accredited" is repealed.
Art. 23. In Article 7, paragraph 1^er, of the same law, the word "francs" is replaced by the word "euro".
PART 5. - Social affairs
UNIC CHAPTER. - Accessions online to agreements
Art. 24. The following amendments are made to section 50 of the Compulsory Health Care Insurance Act and Coordinated Allowance on July 14, 1994, last amended by the Act of March 19, 2013:
1° § 3 is replaced by the following:
§ 3. These agreements come into force in a specified region forty-five days after their publication in the Belgian Monitor, unless more than 40 p.c. doctors or dental practitioners have notified electronically by a secure online application made available to them by the National Institute of Health Disability Insurance their refusal to join the said agreements. The exclusive use of the electronic identity card of the doctor or dental practitioner is mandatory for this notification. For dental practitioners, this rate is globally counted at the UK level. In addition, so that in each region, agreements can come into force, not more than 50 p.c. dental practitioners and not more than 50 p.c. doctors of general medicine or more than 50 p.c. specialists may not have refused to join them.
The refusal of accession is notified via the said secure online application to the aforementioned Institute no later than the thirtieth day after the publication of the agreements to the Belgian Monitor.
The count of physicians or dental practitioners who notified their refusal to accede to the terms of the agreements is established, region by region, by the commissions referred to in § 2, before the entry into force of the agreements.
However, if the above-mentioned Institute receives through the secure online application, messages that have been sent by physicians or dental practitioners after the expiry of this forty-five-day period and which tend to the withdrawal of a previously notified refusal of membership, the National Commission concerned notes that the agreement enters into force in a specified region, provided that as a result of these messages, the percentages of refusal of membership no longer exceed 1^er.
In the event that, in accordance with the terms of an agreement, some dental doctors or practitioners electronically notify via the above-mentioned secure online application of their refusal to comply with it longer, the National Commission concerned notes, where appropriate, that the agreement ceases to be applied as soon as these new refusals result in the increase of the percentages of refusal of membership for a specified region beyond the percentages provided for in paragraph 1^er.
Physicians and dental practitioners who have not notified their refusal to accede to the agreements in accordance with the procedure set out in this paragraph shall be deemed to have acceded to these agreements for their full professional activity, unless they have electronically and by the secure online application referred to in this paragraph, within the time and in the manner to be determined by the King, communicated to the above-mentioned Institute the terms and conditions of time and place in which they shall not apply.
Outside the hours and days provided in accordance with the previous paragraph, caregivers are expected to have acceded to the agreements. The same is true when they have not previously informed the holders of the days and hours for which they have not acceded to the agreements.
The King, after the advice of the Health Care Insurance Committee, determines the terms and conditions under which the text of the agreement accompanied by the guidelines for the use of the secure online application is transmitted to physicians or dental practitioners. These procedures provide for the transmission to all physicians or practitioners of the dental art of these documents and respect their right to notify their refusal of membership.
When a new agreement is concluded or a new document referred to in Article 51, § 1^er, paragraph 6, 2°, exists, and that agreement or document covers the period immediately following an agreement or document that has expired, dentists and practitioners retain their membership or refusal of membership, the situation that was theirs on the last day of the agreement or document that has expired, or until the day on which they manifest their refusal to join the new agreement or the new document, or until the day on which they are deemed to have acceded to the new agreement
The King shall determine, by order deliberately in the Council of Ministers, the modalities for the execution of this paragraph. ";
2° in § 3bis, the words "paragraph 8" are replaced by the words "paragraph 7";
3° § 5 is repealed.
Art. 25. In article 51 of the same law, the incidental sentence under § 1^er, 2°, is replaced by the following provision:
"The physicians or practitioners of dental art who have not notified their refusal in accordance with the procedure provided for in Article 50, § 3 no later than the thirtieth day after that of the publication of this document to the Belgian Monitor, are deemed to have marked their accession. The provisions of this document come into force in accordance with the provisions of Article 50, § 3. Without prejudice to the other provisions that result from the finding that more than 40 p.c. of doctors or practitioners of dental art have declared their refusal, the benefit of social status is granted to doctors or practitioners of dental art who apply for it according to the procedure in force. The King shall determine by order deliberately in the Council of Ministers the modalities for the execution of this provision;".
Art. 26. Sections 24 and 25 come into force on 1^er January 2017.
The King may, by deliberate order in the Council of Ministers, fix a date of entry into force prior to that referred to in paragraph 1^er for each of these provisions, on the one hand for the adhesion of doctors and on the other for the adhesion of dental practitioners.
Until the effective date referred to in paragraphs 1^er and 2, the National Medico-mutualist Commission and the National Commission dento-mutualiste may set out the terms that the procedure for accession to the agreement may also be carried out electronically.
Promulgate this law, 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:
The Prime Minister,
E. DI RUPO
Minister of Economy,
J. VANDE LANOTTE
The Minister of the Interior and Equal Opportunities,
Ms. J. MILQUET
The Minister of Social Affairs,
Ms. L. ONKELINX
Minister of P.M.E.
Mrs. S. LARUELLE
Minister of Administrative Simplification,
O. CHASTEL
Minister for Development Cooperation,
J.-P. LABILLE
The Secretary of State for Sustainable Development,
S. VERHERSTRAETEN
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) Session 2012-2013.
House of Representatives:
Documents. - Non-Scheduled Project - Senate/Bill - House, 53-2922/28-06-2013/14-11-2013 - No. 1. - Amendment, No. 2 - Report, No. 3. - Amendment, No. 4. - Errata, number five. - Report, number 6. - Report, No. 7. - Text adopted, No. 8. - Text adopted, No. 9.
Full report : 04/12/2013.
Senate.
Documents. - Project not referred to by the Senate, S. 5-2346 - 2013/2014 - No. 1.