Posted the: 2013-10-22 Numac: 2012015166 FEDERAL PUBLIC SERVICE Foreign Affairs, trade outside and COOPERATION to development 25 August 2012. -Law concerning consent to the Memorandum of understanding concerning cooperation in the field of the management of crises that may affect cross-border between the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg, done at Luxembourg on June 1, 2006 (1) (2) ALBERT II, 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 77 of the Constitution.
S. 2. the Memorandum of understanding concerning cooperation in the field of the management of crises that may affect cross-border between the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg, done at Luxembourg on June 1, 2006, will release its full and complete effect.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Split, on August 25, 2012.
ALBERT by the King: the Deputy Prime Minister and Minister of Foreign Affairs, D. REYNDERS the Deputy Prime Minister and Minister of the Interior, Ms. J. MILQUET seen and sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Notes (1) Session 2011-2012.
Bill tabled on 03/13/2012, no. 5 - 1530/1.
Report on behalf of the Committee, no. 5-1530/2.
Discussion, meeting of June 7, 2012.
Vote, meeting of June 7, 2012.
House of representatives.
Draft transmitted by the Senate, no. 53-2246/1.
Report on behalf of the Committee, no. 53-2246/2.
Text adopted in plenary meeting and submitted to the Royal assent, no 53-2246/3.
Discussion, meeting of July 13, 2012.
Vote, meeting of July 13, 2012.
(2) Ce Mémorandum comes into force 01/11/2013.
Memorandum of understanding on cooperation in the field of the management of crises that can have transboundary consequences between the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg the Kingdom of Belgium, the Kingdom of Netherlands and the GRAND Duchy of LUXEMBOURG desiring to improve their cooperation in case of crises which may have cross-border implications;
CONSIDERING the importance of the risk of incidents or accidents at the borders of the countries of the Benelux because of the presence:-nuclear installations;
-firms classified SEVESO;
-transport and storage of hazardous materials;
-of a network of pipelines of natural gas and other products deemed dangerous;
-of a transportation system electric high voltage;
-of a railway network;
-of a road network;
-of air traffic;
-from farms to epizootic risk;
-of a non negligible belgo-neerlandaises border seismic risk;
-of a hydrological network.
-of vital infrastructure.
WHEREAS the decision of 12 September 2003 for the restructuring of the consultation structures established by the Memorandum of understanding of Senningen, identifying three new themes lending themselves to closer cooperation within the Benelux: security, drug policy and cross-border cooperation in the event of accidents and disasters;
Having regard to the Treaty establishing the Benelux Economic Union, the transitional agreement, the implementation Protocol and the Protocol of signature, signed in the Hague on February 3, 1958;
Having regard to the Memorandum of understanding on cooperation in the field of police, justice and immigration between the Ministers of Justice of the Belgium, the Netherlands and Luxembourg, the Ministers of the Interior of the Belgium and the Netherlands and the Minister of the enforcement of the Luxembourg, concluded at Senningen on 4 June 1996, hereinafter referred to as the "Memorandum of understanding of Senningen.
Having regard to the Belgian royal decree of 18 April 1988 establishing the Government coordination and crisis Centre (Moniteur belge of 4 May 1988), amended by the royal decree of 11 May 1990 (Moniteur belge of 1 June 1990);
SEEN the Grand Ducal Regulation of 25 October 1963 concerning the General organisation of national protection (Memorial A - No 62, November 14, 1963, page 977);
Having regard to the Act on disasters and major accidents, the law on medical assistance in case of disasters and accidents and all other Dutch laws that may be of application and the underlying decisions relevant.
Have agreed upon the following provisions: Article 1 objective of the cooperation agreement is to strengthen and ensure cooperation between the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg, hereinafter referred to as the "Parties", the crisis management in relation to an incident or accident occurring or imminent in the territory of the Parties and having , or could have, the cross-border consequences, whether the crisis is natural, technical or human.
The cooperation concerns the coordination of national policies, planning and implementing measures. This coordination will be carried out especially through of:-risk identification;
-the planning of measures for the protection of the population in the event of crises;
-mutual assistance, on a case by case basis;
-the exchange of information;
-communication and information to the population in times of crisis;
-the holding of joint exercises.
-This agreement will be implemented in way bi - or trilateral within the scope of the respective crises.
Article 2 authorities this memorandum of understanding is implemented by the governmental Coordination and crisis of the Kingdom of Belgium Centre, the 'Nationaal Coördinatiecentrum' of the Kingdom of the Netherlands and the High Commissioner for national protection of the Grand Duchy of Luxembourg, hereinafter referred to as "crisis Centres".
Article 3 Technical Arrangements in the context of the implementation provided for in article 2 of this agreement, relevant technical arrangements may be concluded, including operational between the administrations and departments the Parties according to the object of the arrangement. The technical arrangements as well as the proposals for amendment y related will be submitted for agreement to the authorities provided for in article 2.
Article 4 mutual Information the Parties exchange information.
The Parties shall set up and maintain service to this effect an appropriate system of mutual information through a transmission network capable of delivering 24 hours on 24, seven days a week, any alerts, notifications, requests for mutual assistance or other information related to a crisis situation that may have transboundary consequences.
The mutual exchange of information agreed through this MOU will complement existing international arrangements and will be used to ensure a more direct and appropriate communication between the Parties.
The exchange of information between the signatories cannot, under any circumstances, have the effect of jeopardising the performance said devices.
Practical procedures for mutual information devices shall be specified in the technical arrangements.
Article 5 contents of the information on the events referred to in article 3 of the present memorandum of understanding must include:-the available relevant data to assess the risk for other Parties and so, limit as possible transboundary consequences;
-the available data on the measures taken or envisaged for the protection of populations in the country concerned.
The information exchanged under this memorandum of understanding shall be confidential. However, each party providing the information may notify other Parties thrown by the character of confidentiality of certain information.
Article 6 meetings the Parties organize between them in the Senningen 'Disaster management' working group meetings for consultation at least once per year.
The purpose of these meetings will be to develop the various provisions of the memorandum of understanding, awareness including the respective methods of work as well as lessons learned from situations of actual crisis and/or exercises, follow and take into account the devices at the level of the Union European.
Additional meetings may be convened at the explicit request of one of the Parties.
The measures of execution (technical arrangements) and an annual action plan will be adopted at these meetings.
The meetings are held at the initiative of the country which holds the Presidency of the Benelux, at this time, while the general Secretariat of the Economic Union Benelux provides the secretariat.
Article 7 Designation of a corresponding when occurs an event within the meaning of article 1, each party may appoint a correspondent and send it in the territory of the other to follow operations, after agreement between the Parties concerned. This correspondent is allowed to transmit the gathered information to the services concerned of its own State. The specific mandate of the correspondent and the practical arrangements of his sending on mission will be defined in a technical arrangement.
Within the scope of the event within the meaning of article 1, it could be envisaged to appoint several correspondents.
Article 8 Organisation of joint exercises of the exercises
on making implementation of this agreement are carried out according to a timetable and defined modalities for mutual agreement between crisis Centres, including when such consultation meetings as provided for in article 6. These exercises are between the Parties, and following the scenarios used, with observers or guests to participate.
Article 9 Evaluation municipality a evaluation will be organised between crisis Centres concerned after each crisis situation or condition of the present memorandum of understanding. This assessment will take place at the initiative of the country which supported the crisis situation or who co-ordinated the exercise in question.
The mutual exchange of information pursuant to article 4 of the present memorandum of understanding will be tested at least once a year by the competent authorities of the three countries.
Article 10 settlement of disputes disputes likely to arise the execution or the interpretation of this agreement are resolved, if possible, through consultation between the Parties.
Article 11 final provisions each party notifies the other the completion of the national procedures required by far for the entry into force of this agreement, which takes effect the first day of the second month following the day of receipt of the second notification.
This agreement may be amended at any time in writing by mutual agreement between the Parties. The entry into force of such an amendment shall be submitted in accordance with the above procedure.
This agreement may be terminated at any time by one or other of the Parties subject to a written notice of three months. This termination does not relieve the Parties of obligations arising from the application of this agreement.
DONE at Luxembourg, on 1 June 2006, in three originals in the Dutch and French languages, each text being equally authentic.