Act On The Various Provisions Concerning Administrative Simplification (1)

Original Language Title: Loi portant des dispositions diverses concernant la simplification administrative (1)

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2013021138&caller=list&article_lang=F&row_id=1000&numero=1021&pub_date=2013-12-31&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2013-12-31 Numac: 2013021138 FEDERAL CHANCELLERY of the Prime Minister 15 December 2013 PUBLIC SERVICE. -Law concerning various provisions concerning administrative simplification (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: title 1. -Disposition introductory Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
TITLE 2. -Chancellery of the Prime Minister Chapter 1. -Agency for the Simplification Administrative art. 2. in article 41 of the programme act of 10 February 1998 for the promotion of independent business, the following changes are made: has) in the first sentence of § 1, the words "citizens, associations and administrations" are inserted after the words "in the enterprise";
(b) in the § 1, 1 °, the words "in charge of enterprises and SMEs in particular" are repealed;
(c) in the § 1, 2 ° is replaced by the following: "2 ° formulating proposals aimed at reducing administrative burdens on businesses, SMEs in particular, citizens, associations and administrations";
(d) § 1 is completed by 5 ° as follows: "5 ° making proposals, by promoting and coordinating actions aimed at improving the quality of regulation.";
(e) in paragraph 2, "after the opinion of the College of Secretaries General, the King" shall be replaced by the words "The King".
S. 3. article 42 of the Act is repealed.
S. 4. the section 3 comes into force on January 1, 2014.
CHAPTER 2. -Prior Section 1st regulatory impact analysis. -Definitions art. 5 § 1. For the purposes of this Act, means "regulatory impact analysis", hereinafter referred to as "impact assessment", the assessment of the potential effects of any draft regulations, referred to in article 6, on the economy, the environment, social aspects and the authorities prior to its adoption by the political authority.
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2. The impact assessment concerns: 1 ° the following cross-cutting objectives: has) sustainable development as a policy objective, referred to in article 7A of the Constitution;
b) the equality of women and men, referred to in article 10, paragraph 3, of the Constitution;
c) the coherence of development policies.
2 ° the following materials: a) administrative burdens;
b) small and medium-sized enterprises.
The King may, by order deliberated in Council of Ministers, extend analysis of impact to other cross-cutting objectives and other materials, to further improve the quality and coherence of the regulation.
Section 2. -Of the impact assessment article 6 § 1. Each Member of the Government shall, under the conditions laid down by the King by Decree deliberated in the Council of Ministers, the impact assessment referred to in article 5 of the draft law and the draft Royal or ministerial decrees which 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 can proceed with the impact assessment referred to in article 5 of the draft law, the draft royal decrees or ministerial, circulars and decisions falling within its jurisdiction and for which the intervention of the Council of Ministers is not required, under the same conditions as those referred to the § 1.
S. 7 § 1. The impact assessment referred to in article 5, § 1, shall be made according to criteria and relevant indicators that assess the potential effects on the cross-cutting objectives and materials referred to in article 5, § 2. These criteria and these indicators are realized in a form of impact assessment integrated, prepared by the impact assessment Board and approved by the Council of Ministers.

§ 2. The impact assessment referred to in article 5 may be subject to the impact assessment Board to verify its quality within the timeframe set by the King, by Decree deliberated in the Council of Ministers.

§ 3. The King determines by order deliberate in Council of Ministers, the missions of the impact assessment Board, its composition, the modalities of its operation, the basic criteria for the impact assessment as well as the terms and conditions of advertising impact analyses carried out.
Section 3. -Exemptions and exceptions article 8 § 1. Are exempted from impact assessment, initial drafts of regulations: 1 ° approving the agreements and international treaties;
2 ° approving agreements of cooperation between the federal State and one or more communities or regions;
3 ° to purely formal character, including the projects for which the opinion of the Council of State is not requested pursuant to articles 3, § 1, paragraph 1, and 5 of the laws on the Council of State, coordinated on 12 January 1973;
4 ° relative to the self-regulation of the federal authority.
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2. Are excepted of impact assessment, initial drafts of regulations: 1 ° that affect national security and public order;
2 ° for which the opinion of the Council of State is requested pursuant to article 84, § 1, paragraph 1, 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 the case of emergency specially motivated, referred to in article 3, § 1, paragraph 1, the same laws.
Section 4. -Provisions amending art.
9. Chapter V/1 of the Act of 5 May 1997 on the coordination of federal policy of sustainable development, inserted by the Act of July 30, 2010 and containing articles 19/1-19/3, is replaced by the following: 'article 19/1. The impact evaluation is organised by title 2, Chapter 2 of the Act of 15 December 2013 on various provisions relating to administrative simplification and its execution decrees. "."
S. 10. in article 3 of the law of 12 January 2007 aimed at the control of the implementation of the resolutions of the world conference on women held in Beijing in September 1995 and integrating the gender dimension in all federal policies, 2 ° is replaced by the following: "2 ° making the impact assessment on the situation of women and men" known as "test Gender", as defined by title 2, Chapter 2 of the Act of 15 December 2013 various provisions relating to administrative simplification and its orders execution, the draft law and the draft royal decrees or ministerial for which the intervention of the Council of Ministers is required by a legal or regulatory provision. "."
S. 11. article 31 of the Act of March 19, 2013 the development cooperation is replaced by the following: 'article 31. in order to ensure the coherence of the policies Belgian development in accordance with articles 2, 16 °, and 8, draft legislation 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 an impact assessment screening as defined by title 2, Chapter 2 of the Act of 15 December 2013 various provisions relating to administrative simplification and its orders execution. "."
Section 5.
-Entry into force art. 12. This chapter shall enter into force on January 1, 2014.
TITLE 3. -Economy Chapter 1. -Modification of Act of 17 July 1975 on accounting firms article 13. in section 4 of Act of 17 July 1975 on business accounting, as amended by Decree royal No. 22 of December 15, 1978 and by the law of July 1, 1983, a paragraph worded as follows is inserted between paragraphs 2 and 3: "for companies that, under article 21bis, paragraph 1, of order royal No. 1 of 29 December 1992 on measures aimed at ensuring the payment of the fee on the" added value, have a cash register system, the auxiliary journal of sales as referred to in paragraph 2, and the third newspaper referred to in article 5, first paragraph, 3 °, shall be replaced by the cash register system referred to in article 1 of the royal decree of 30 December 2009 laying down the definition and the conditions which must satisfy a cash register system in the horeca sector "."
CHAPTER 2. -Securities-meal electronic arts.
14. in the law of December 30, 2009, relating to the various provisions, it is inserted an article 184/1 as follows: "article 184/1. Publishers approved meal titles in electronic form are allowed to use the national registry referred to in article 2, paragraph 2, of the Act of 8 August 1983 organising a national register of natural persons in order to uniquely identify the electronic titles-meal recipients".
TITLE 4. -Inside Chapter 1. -Amendments to the law of 8 August 1983 organising a national register of natural persons art. 15. article 3, paragraph 1, of the Act of 8 August 1983 organising a register national physical persons, as amended by the Act of May 9, 2007, is complemented by 15 °, 16 ° and 17 ° written as follows: "15 ° the mention of the ancestors to the first degree, as to parentage is established in the Act of birth, by judicial decision recognition or adoption;
16 ° reference to descendants in direct line to the first degree, as to parentage is established in the Act of birth, by judicial decision, recognition or adoption;
17 ° the acts and decisions relating to the

"the major capacity and the inability of the minor as well as the mention of the representative or the person assisting the major or the minor".
S. 16. in the same Act, it is inserted an article 4A as follows: "article 4bis. the officer of the civil registry of the commune where the Act of civil status has been established records in the national register information referred to in article 3, paragraph 1, and reflected in that Act.
The King lays down the procedure and the terms of this record as well as the procedure of verification of information by the authorities referred to in article 4, paragraph 1. "."
S. 17. in article 8 of the same Act, replaced by the Act of 25 March 2003, "the national register identification number" are each time replaced by the words "the national register number".
S. 18. in article 9 of the same Act, replaced by Act of March 25, 2003 and amended by the law of 15 May 2007, the word "accredited" is repealed.
S.
19. at article 16 of the same Act, inserted by the Act of March 25, 2003 and amended by the law of 15 May 2007, the following changes are made: 1 ° in the paragraph 1, 1 °, "identification number of the national register" shall be replaced by the words "the national register number";
2 ° in the paragraph 1, 8 °, the word "accredited" is repealed.
S.
20 § 1. Articles 15 and 16 come into force on January 1, 2015.
§ 2. With regard to article 15, the King may set a date of entry into force earlier than mentioned in the § 1, and for each of the missing information referred to in article 3, paragraph 1, 15 ° to 17 °, of the law of 8 August 1983 organising a national register of natural persons.
A period of one year is granted to the Commons from the entry into force of section 15, to complete the missing information referred to in article 3, paragraph 1, 15 ° to 17 °, of the law of 8 August 1983 organising a national register of natural persons.
§ 3. With regard to article 16, the King may set a date of entry into force earlier than mentioned in the § 1.
CHAPTER 2. -Changes in the registers of the population Act of 19 July 1991, to the identification cards, foreign cards and residence documents and amending the Act of 8 August 1983 organising a national register of natural persons article 21. in article 6 of the law of 19 July 1991 on the registers of the population, identification cards, cards of alien and the residence documents and amending the Act of 8 August 1983 organising a national register of natural persons, replaced by the Act of 25 March 2003 and as amended by the law of April 28, 2010 each time, the word "accredited" is repealed.
S. 22. in article 6bis, § 2, of the Act, inserted by the Act of March 25, 2003 and amended by the law of 15 May 2007, the word "accredited" is repealed.
S.
23. in article 7, paragraph 1, of the Act, the word "Frank" is replaced by the word "Euro".
TITLE 5. -Social Affairs chapter UNIQUE. -Memberships online agreements art. 24A article 50 of the law on compulsory health care and insurance benefits co-ordinated on 14 July 1994, as amended by the Act of March 19, 2013, the following changes are made: 1 ° § 3 is replaced by the following: "§ § 3 3" These agreements come into force in a specified region 45 days after their publication in the Moniteur belge, unless more than 40 BW physicians or practitioners of dentistry have notified electronically by an application made available by the national Institute for sickness and invalidity insurance secure online their refusal of membership under the terms of the agreements. The exclusive use of electronic ID medical or dental practitioner is required to make this notification. For dental practitioners, this rate is counted globally at the level of the Kingdom. In addition, so that in each region, the agreements can enter into force, not more than 50 per cent of dental practitioners and not more than 50 per cent of general medicine doctors or more than 50 per cent of specialists cannot have refused to accede.
The refusal of membership is notified via said the supra Institute-safe online application no later than the thirtieth day following the publication of the agreements in the Moniteur belge.
The count of physicians or practitioners of dentistry who have notified their refusal of membership under the terms of the agreements is established, region by region, by the committees referred to in § 2, before the entry into force of the agreements.
However, if the supra Institute receives via the secure online application, messages that have been sent by physicians or practitioners of dentistry after the expiration of the forty-five day period and aimed at the withdrawal of a refusal of membership previously notified, the relevant national Committee finds 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 more exceed is one of the percentages referred to in paragraph 1.
Where, pursuant to the terms of an agreement, some physicians or practitioners of dentistry shall notify electronically via the above-mentioned secure online application their refusal to comply with longer, the National Committee concerned notes, where appropriate, the agreement ceases to be applied as soon as these new refusals have for consequence to the percentages of the refusal of membership for a specified region beyond the percentages provided for in paragraph 1.
Doctors and dental practitioners who have not notified their refusal of membership to agreements according to the procedure laid down in this paragraph, are deemed ex officio have acceded to those agreements for their full professional activity, unless they have electronically and using secure online referred to in this paragraph, within the time and in the manner to be determined by the King communicated to the supra Institute the conditions of time and place in which they shall not apply the amount of the fees which are fixed.
Outside the hours and days communicated in accordance with the preceding paragraph, health care providers are expected to have adhered to the agreements. The same applies when they were not informed in advance holders of the days and times for which they have not acceded to agreements.
The King, after the opinion of the Committee of health care insurance, determines the modalities according to which the text of the agreement accompanied by guidelines for the use of the secure online application is transmitted to the physicians or practitioners of dentistry. These terms and conditions shall ensure the transmission to all physicians or practitioners of Dentistry 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, paragraph 6 (2), exists, and that this agreement or this document covers the period immediately following an agreement or document expired, physicians and dental practitioners maintain as their membership or their refusal of membership, the situation that was theirs on the last day of the agreement or document expired , either until the day where they manifest their refusal to join the new agreement to the new document, or until the day where they are deemed have acceded to the agreement or the new document.
The King determines, by Decree deliberated in the Council of Ministers, the implementing of this paragraph. ";
2 ° in the § 3A, the words "paragraph 8" are replaced by the words "paragraph 7";
3 ° § 5 is repealed.
S. 25 A section 51 of the Act, the incidental sentence under the § 1, 2 °, is replaced by the following provision: "doctors or dental practitioners who have not notified their refusal according to the procedure laid down in article 50, paragraph 3 no later than the thirtieth day following that of the publication of this document in the Moniteur belge, are deemed marked their accession." The provisions of this document shall enter 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 per cent of doctors or dental practitioners have marked their refusal, the benefit of social status is granted to doctors and dental practitioners who apply under the current procedure. The King determines by Decree deliberated in the Council of Ministers, the modalities for the implementation of this provision; "."
S. 26. articles 24 and 25 come into force on January 1, 2017.
The King may determine, by Decree deliberated in the Council of Ministers, a date of entry into force earlier than referred to in paragraph 1 for each of these provisions, firstly for accessions of doctors and other practitioners of dentistry memberships.
Until the dates of entry into force referred to in paragraphs 1 and 2, the national medical Commission and the National Commission dento-mutualiste may fix the manner in which the procedure for accession to the agreement may also be carried out electronically.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, December 15, 2013.
PHILIPPE by the King: the Prime Minister, E. DI RUPO. the Minister of the economy, J. VANDE LANOTTE the Minister of the Interior and of equality of opportunity, Ms. J. MILQUET. the Minister of Social Affairs, Ms. L. ONKELINX the Minister of SMEs S. LARUELLE the Minister of administrative Simplification, O. CHASTEL the Minister of Development Cooperation,

P.. Lady the Secretary of State for sustainable development, S. VERHERSTRAETEN sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Session 2012-2013.
House of representatives: Documents. -Bill mentioned non - Senate / - room, 53-2922/28-06-2013/14-11-2013 - No. 1. -Amendment No. 2. -Report No. 3. -Amendment No. 4. -Errata, no. 5. -Report, no. 6. -Report, no. 7. -Adopted text, no. 8. -Adopted text, no. 9.
Full report: 04/12/2013.
Senate.
Documents. -Project not mentioned by the Senate, s. 5-2346-2013/2014 - No. 1.