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Law Approving The 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,

Original Language Title: Loi portant assentiment au Mémorandum d'Accord concernant la coopération dans le domaine de la gestion des crises pouvant avoir des conséquences transfrontalières entre le Royaume de Belgique, le Royaume des Pays-Bas et le grand-duché de Luxembourg, fait

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belgiquelex.be - Carrefour Bank of Legislation

25 AOUT 2012. - An Act to approve the Memorandum of Understanding concerning cooperation in the field of crisis management that may have cross-border consequences between the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg, made in Luxembourg on 1er June 2006 (1) (2)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Memorandum of Understanding concerning cooperation in the field of crisis management that could have cross-border consequences between the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg, made in Luxembourg on 1er June 2006, will release its full effect.
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 Split, August 25, 2012.
ALBERT
By the King:
Deputy Prime Minister and Minister for Foreign Affairs,
D. REYNDERS
Deputy Prime Minister and Minister of the Interior,
Ms. J. MILQUET
Seen and sealed the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Notes
(1) Session 2011-2012.
Senate.
Documents.
Bill tabled on 13/03/2012, No. 5-1530/1.
Report on behalf of the Commission, No. 5-1530/2.
Annales parliamentarians.
Discussion, meeting of 7 June 2012.
Voting, meeting of 7 June 2012.
House of Representatives.
Documents.
Project transmitted by the Senate, No. 53-2246/1.
Report on behalf of the Commission, No. 53-2246/2.
Text adopted in plenary and subject to Royal Assent, No. 53-2246/3.
Annales parliamentarians.
Discussion, meeting of 13 July 2012.
Vote, meeting of 13 July 2012.
(2) This Memorandum comes into force on 01/11/2013.
Memorandum of understanding concerning cooperation in the field of crisis management that may have cross-border consequences between the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg
BELGIUM,
ROYAUME DES PAYS-BAS
AND
LE GRAND-DUCHE DE LUXEMBOURG
ISSUES to improve cooperation in cases of crises that may have cross-border consequences;
CONSIDERING the importance of incidents or accidents at the borders of the Benelux countries due to the presence of:
- nuclear facilities;
- companies classified SEVESO;
- the transport and storage of dangerous substances;
- a network of natural gas distribution pipelines and other known hazardous products;
- a high voltage electrical transmission network;
- a railway network;
- a road network;
- air traffic;
- inland waterways;
- epizootic-risk farms;
- a significant seismic risk at the Belgian-Dutch borders;
- a hydrological network;
- vital infrastructure.
CONSIDERING the decision of 12 September 2003 on the restructuring of the consultative structures established by the Senningen Memorandum of Understanding, identifying three new themes for closer cooperation within the Benelux framework: security, anti-drug policy and cross-border cooperation in the event of accidents and disasters;
VU the Treaty establishing the Benelux Economic Union, the Transitional Convention, the Implementation Protocol and the signing Protocol, signed at The Hague on 3 February 1958;
Sees the Memorandum of Understanding on Cooperation in the Field of Police, Justice and Immigration between the Ministers of Justice of Belgium, the Netherlands and Luxembourg, the Ministers of the Interior of Belgium and the Netherlands and the Minister of the Public Force of Luxembourg, concluded in Senningen on June 4, 1996, hereafter referred to as the "Memorandum of Understanding of Senningen";
VU the Belgian Royal Decree of 18 April 1988 establishing the Government Center for Coordination and Crisis (Belgian Monitor of 4 May 1988), amended by the Royal Decree of 11 May 1990 (Belgian Monitor of 1er June 1990;
VU the Grand Ducal Regulation of 25 October 1963 concerning the general organization of national protection (Memorial A - No. 62 of 14 November 1963, page 977);
VU the Major Disasters and Accidents Act, the Disasters and Accidents Medical Assistance Act, and all other Dutch laws that may be applicable, as well as the underlying decisions related to it.
The following provisions have been agreed:
Article 1er
Objective of cooperation
The purpose of this Agreement is to strengthen and ensure cooperation between the Kingdom of Belgium, the Kingdom of the Netherlands, and the Grand Duchy of Luxembourg, as described below as the "Parties", in the area of crisis management in relation to an incident or accident occurring or threatening to arise in the territory of one of the Parties and having, or may have, cross-border consequences, that the crisis is of natural, technical or human origin.
Cooperation focuses on the coordination of national policies, planning and implementation of measures. This coordination will be carried out in particular through:
- identification of risks;
- planning of measures to protect the population in the event of crises;
- Crisis management;
- mutual assistance on a case-by-case basis;
- the exchange of information;
- communication and information to the population in the event of a crisis;
- holding joint exercises.
- this agreement will be implemented in a bi- or trilateral manner according to the scope of the respective crises.
Article 2
Responsible authorities
This memorandum of understanding is implemented by the Government Coordination and Crisis Centre of the Kingdom of Belgium, the "National Coördinatiecentrum" of the Kingdom of the Netherlands and the High Commission for the National Protection of the Grand Duchy of Luxembourg, hereafter referred to as the " Crisis Centres".
Article 3
Technical arrangements
Within the framework of the implementation provided for in Article 2 of this Agreement, relevant technical arrangements may be made, including at the operational level between the administrations and services of the competent Parties according to the purpose of the arrangement. The technical arrangements and the amendments thereto will be submitted for agreement to the Authorities provided for in Article 2.
Article 4
Mutual information
Parties shall exchange information. Parties shall establish and maintain an appropriate system of mutual information for this purpose by means of a transmission network to transmit twenty-four hours over twenty-four, seven days a week, any alerts, notifications, requests for mutual assistance or other information relating to a crisis situation that may have cross-border consequences.
The mutual exchange of information agreed through this memorandum of understanding will complement existing international arrangements and will serve to ensure a more direct and appropriate transmission between Parties. The exchange of information between signatories cannot, in any case, have the effect of jeopardizing the proper execution of such devices.
Practical modalities for mutual information devices will be specified in technical arrangements.
Article 5
Content of information
Information on the events referred to in Article 3 of this Memorandum of Understanding shall include:
- the available relevant data to assess the risk to other Parties and thus to minimize cross-border consequences;
- available data on measures taken or envisaged for the protection of populations in the country concerned.
The information exchanged under this memorandum of understanding is confidential. However, each Party providing information may notify other Parties of the confidentiality of certain information.
Article 6
Consultations
The Parties shall organize among themselves within the Senningen Disaster Management working group consultations at least once a year.
The purpose of these meetings will be to develop the various provisions of the memorandum of understanding, to communicate, inter alia, the respective methods of work and the lessons learned from real crisis situations and/or exercises, to monitor and take into account the mechanisms at the European Union level.
Additional meetings may be convened at the explicit request of one Party.
Implementation measures (technical arrangements) and an annual action plan will be adopted at these meetings.
The meetings are organized at the initiative of the country which, at this time, assumes the presidency of the Benelux, while the General Secretariat of the Benelux Economic Union provides the secretariat.
Article 7
Designation of a correspondent
When an event occurs within the meaning of Article 1ereach Party may appoint a focal point and send it on mission to the territory of others to monitor the operations, after agreement between the Parties concerned. The correspondent is authorized to transmit the information collected to the relevant services of his own State. The specific terms of reference of the correspondent and the practical modalities of his or her mission will be defined in a technical arrangement.
Depending on the scope of the event within the meaning of section 1er, it might be envisaged to designate several focal points.
Article 8
Organization of joint exercises
Exercises on the implementation of this Agreement shall be carried out in accordance with a timetable and the terms and conditions agreed between the Crisis Centres, particularly during consultations as provided for in Article 6. These exercises are carried out between Parties and according to the scenarios selected, with observer countries or invited to participate.
Article 9
Joint evaluation
An evaluation will be organized between the crisis centres concerned after each crisis situation and/or exercise referred to in this memorandum of understanding. This evaluation will take place at the initiative of the country that supported the crisis situation or coordinated the exercise in question.
The mutual exchange of information established pursuant to Article 4 of this 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 that may arise from the execution or interpretation of this Agreement shall, if possible, be resolved through consultation between the Parties.
Article 11
Final provisions
Each Party shall notify the other of the fulfilment of the national procedures required for the entry into force of this Agreement, which shall take effect on the first day of the second month following the day on which the second notification is received.
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 subject to compliance with the above procedure.
This Agreement may be denounced at any time by either Party subject to a written notice of three months. This denunciation does not relieve Parties from the obligations arising from the application of this Agreement.
DONE IN Luxembourg, 1er June 2006, in three originals, in Dutch and French, each text being equally authentic.