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31 JULY 2013. - An Act to amend the Act of 28 February 2007 establishing the status of military personnel of the active military framework and amending certain provisions relating to the status of military personnel

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
PART 1^er. - General provisions
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
PART 2. - Amendment of coordinated laws on military pensions coordinated by Royal Decree No. 16020 of 11 August 1923
Art. 2. In Article 1^er, paragraph 3, co-ordinated laws on military pensions coordinated by Royal Decree No. 16020 of 11 August 1923, inserted by the Act of 28 February 2007 establishing the status of military personnel of the armed forces, the following amendments are made:
(a) in the 1st, the words "and military candidates" are inserted between the words "military" and the words "of the active framework";
(b) the 4th is repealed.
Art. 3. In section 4 of the Acts, the following amendments are made:
1° in paragraph 3, inserted by the Act of 28 February 2007, the words "of the effective date of this provision" are replaced by the words "of 1^er January 2009";
2° in paragraph 6, inserted by the Act of 28 February 2007, the words "of the date of entry into force of this provision, a two-year bonus shall be taken into consideration as an active service, provided that the above-mentioned soldiers have exceeded their point of transfer and" are replaced by the words "of 1^er January 2009, a two-year bonus is taken into account as an active service, provided that the above-mentioned military personnel".
Art. 4. In section 5, paragraph 4, of the same Acts, inserted by the Act of February 28, 2007, the words "of the effective date of this provision" are replaced by the words "of January 1, 2009 and for deferred pensions beginning on or after January 1, 2009^er January 2013".
Art. 5. In article 27bis of the same laws, inserted by the law of 28 February 2007, the words "of the date of entry into force of this provision" are replaced by the words "of 1^er January 2009 and for the calculation of deferred pensions beginning on or after January 1, 2009^er January 2013".
Art. 6. In Article 51, paragraph 3, of the same Acts, as amended by the Act of 14 July 1930, the words "the enhancement of services provided for in the last two paragraphs of Article 4" were replaced by the words "the enhancement of services provided for in Article 4, paragraphs 4 and 5, or the enhancement of the time referred to in Article 4, paragraph 6".
Art. 7. In article 58, paragraph 9, of the same laws, inserted by the law of 28 February 2007, the words "of the date of entry into force of this provision" are replaced by the words "of 1^er January 2009".
Art. 8. In section 58bis of the same laws, inserted by the Act of 28 February 2007, the following amendments are made:
(a) in the first sentence, the words "the day before the date of entry into force of this provision" are replaced by the words "as at 31 December 2008";
(b) at 1°, the words "on the effective date of this provision" are replaced by the words "on 1^er January 2009";
(c) at 3°, the words "of the date of entry into force of this provision" are replaced by the words "of 1^er January 2009";
(d) at 4°, the words "of the effective date of this provision" are replaced by the words "of 1^er January 2009", the words "the day before the date of entry into force of this provision" are replaced by the words "as at 31 December 2008" and the words "on the date of entry into force of this provision" are replaced by the words "as at 1^er January 2009";
(e) at 5°, the words "of the effective date of this provision" are replaced by the words "of 1^er January 2009".
Art. 9. In article 58ter of the same laws, inserted by the law of 28 February 2007, the words "of the date of entry into force of this provision" are replaced by the words "of 1^er January 2009".
Art. 10. In the table annexed to the same laws on military pensions, as amended by the laws of 29 July 1926, 14 July 1930, by Royal Decree No. 16 of 15 October 1934, by the laws of 30 June 1947, 14 July 1951, 2 August 1955, by the Royal Decree of 20 July 2000 and by the laws of 28 February 2007 and 22 December 2008, the cell which begins with "1/60" is replaced in the column "Fraction of pension
"1/60. For active personnel in service from 1^er January 2009 and for deferred pensions beginning January 1, 2009^er January 2013, however, this fraction is increased to 1/50 for all active periods of service and associated periods, as well as for absences on health grounds, with the exception of periods:
1° of day secondary education at the Royal School of Cadets;
2° of military service, reminders and additional benefits made under the reserve, with the exception of voluntary supervisory benefits;
3° absence of temporary employment withdrawals by career interruption, voluntary suspension of benefits and unpaid absences by treatment, other than for health reasons from 1^er January 2009;
The time spent by the above-mentioned member in a civil service is taken into account in calculating their senior military pension at the age of that civil service, subject to the application of section 3 of the Act of 14 April 1965 establishing certain relations between the various public sector pension plans.".
PART 3. - Amendment of the Act of 3 July 1967 on the Prevention or Repair of Damage Caused by Industrial Accidents, Occupational Accidents and Occupational Diseases in the Public Sector
Art. 11. In Article 1^er of the Act of 3 July 1967 on the Prevention or Repair of Damage resulting from Industrial Accidents, Accidents on the Road and Occupational Diseases in the Public Sector, the following amendments are made:
1° in paragraph 4, the words "military units referred to in Article 5, § 5, of the Act of 20 May 1994 relating to the use of military personnel outside the Armed Forces" are replaced by the words "military units that are used in accordance with the Act of 20 May 1994 on the use of military personnel outside the Armed Forces and in accordance with Part V, Section 2, of the Act of 28 February 2007 establishing the status of military personnel and candidates
2° in paragraph 7, inserted by the Act of 17 May 2007, the words "and pursuant to Part V, Section 3, of the Act of 28 February 2007 establishing the status of military and military candidates of the Armed Forces' active framework" are inserted between the words "under the Act of 16 July 2005 establishing the transfer of certain military personnel to a public employer" and the words "are, for the purposes of this Act".
PART 4. - Amendment of the Act of 9 July 1969 amending and supplementing the legislation on pensions and survival of public sector workers
Art. 12. In article 32, paragraph 2, of the Act of 9 July 1969 amending and supplementing the legislation relating to the retirement and survival pensions of public sector officials, inserted by the Act of 28 February 2007 establishing the status of military personnel of the active military framework, the words "and military candidates" are inserted between the words "the status of military personnel" and the words "the active framework of the Armed Forces";
PART 5. - Amendment of the Act of 8 July 1970 creating new benefits for victims of military duty or similar duty
Art. 13. In section 60 of the Act of 8 July 1970 creating new benefits for victims of military duty or similar duty, replaced by the Act of 18 May 1998 and amended by the Act of 27 December 2000, paragraph 5 is replaced by the following:
"The above-mentioned coordinated laws are not applicable, however:
1° to the physical damage that occurred during their use to military personnel used in accordance with the Act of 20 May 1994 on the use of military personnel outside the Armed Forces and in accordance with Part V, Section 2, of the Act of 28 February 2007 establishing the status of military personnel and military candidates in the active framework of the Armed Forces;
2° to the physical damage that occurred during their disposal to members of the public employer who were made available in accordance with the Act of 16 July 2005 establishing the transfer of certain military personnel to a public employer and in accordance with Part V, Section 3, of the Act of 28 February 2007 establishing the status of military personnel and military candidates of the armed forces' active framework. ".
PART 6. - Amendment of the Act of 16 June 1998 assimilating to war invalids certain military victims of physical injury occurring during an action taking place outside the national territory
Art. 14. In Article 2 of the Act of 16 June 1998 assimilating to war invalids certain military personnel who were victims of physical injury during an action taking place outside the national territory, the following amendments are made:
1° paragraph 1^er is replaced by the following:
§ 1^er. This Act applies only to military personnel who participate in actions outside the national territory and who, either under section 9 of the Act of 20 May 1994 relating to the implementation of the Armed Forces, to the condition as well as to the periods and positions in which the military can be found, either under section 190, 3°, 4° and 6°, of the Act of 28 February 2007 establishing the status of the military and candidates ";
2° in paragraph 2, 1°, the words "in operational engagement" are replaced by the words "in operational commitment" or "in military support".
PART 7. - Amendment of the Act of 28 February 2007
establishing the status of military personnel of the armed forces
Art. 15. The title of the Act of 28 February 2007 establishing the status of military personnel in the Armed Forces' active framework is replaced by the following:
"Act of 28 February 2007 establishing the status of military and military candidates of the armed forces' active framework".
Art. 16. Section 2 of the Act is replaced by the following:
"Art. 2. For the purposes of this Act, are part of the active framework:
1° Military and military career candidates;
2° Officers and auxiliary officers;
3° short-term military and military candidates;
4° military musicians and candidates;
5° the military in voluntary military service;
6° Military candidates in voluntary military service who no longer receive a balance.
Unless otherwise provided, this Act sets out the status of military and military career candidates.
The status of other military and military candidates in the active framework is determined:
1° for officers and auxiliary officers, by the Act of 23 December 1955 on Auxiliary Air Force Officers, Pilots and Mariners, and by the Act of 11 November 2002 on Auxiliary Officers of the Armed Forces and their enforcement orders;
2° for military and short-term military candidates, by the law of 20 May 1994 on the status of the short-term military and its enforcement orders;
3° for military musicians and candidates, by the Act of 27 March 2003 on the recruitment of military personnel and the status of military musicians and amending various laws applicable to defence personnel and their enforcement orders;
4° for military personnel and military candidates in voluntary military service, by the Act of 10 January 2010 establishing voluntary military engagement and amending various laws applicable to military personnel and their enforcement orders.
Unless otherwise provided, the provisions of this Act are not applicable to members of the royal family. ".
Art. 17. In section 3 of the Act, the following amendments are made:
(a) 1° is replaced by the following:
"1° "the member": the military candidate who successfully completed his or her term of nomination and acquires the quality, as the case may be, of officer, non-commissioned officer or career volunteer; ";
(b) the 4th is replaced by the following:
"4° "the vacant position": an open place within the Armed Forces, for which a person may be recruited as a military candidate, as the case may be in a position, industry or a group of trades;"
(c) in the 5th, the words ", registers at a recruitment session" are replaced by the words "common to the competent authority its decision to apply";
(d) the 6th is replaced by the following:
"6° "the applicant": the person, between the registration and when the person acquires the status of a military candidate or, where applicable, where the recruitment process related to the registration is terminated;"
(e) the 7° is replaced by the following:
"7° "recruitment": the opening of places and the registration, selection and incorporation of applicants;"
(f) in the 8th, the words "quality, language and type of recruitment" are replaced by the words "a type of recruitment and, if applicable, a language regime";
(g) 9°, 10°, 11° and 12° are repealed;
(h) the 13° is replaced by the following:
"13° "the military candidate" :
(a) a member of the reserve or non-reserve framework has been admitted to contracting a commitment to follow as a military candidate of the active framework a basic training for his or her admission as a member of career staff in the category of career officers at level A or B, career non-commissioned officers at level B or C, or career volunteers;
(b) Military personnel referred to in articles 114 to 116, who have been admitted to basic training for admission, as appropriate, to another category of staff or to another level of staff. ";
(i) 15° is repealed;
(j) in the 17th, the words "300 credits" are replaced by the words "240 credits";
(k) the 19th is repealed;
(l) the 20° is replaced by the following:
"20° "the probation period": the mainly practical training period in unit with an effective duration of three months which ends at the latest at the end of the basic training, during which the military candidate exercises part of the tasks entrusted to him as an officer, non-commissioned officer or volunteer;"
(m) the 20° /1 is inserted as follows:
"20/1° "employment": a function within the Defence, exercised as an officer, non-commissioned officer or volunteer;"
(n) the 21st is replaced by the following:
"21° "the function": a set of tasks and responsibilities that a member must assume in order to carry out the assigned tasks;"
(o) the 22° is replaced by the following:
"22° "the basic function": the function that can be exercised by a member after a basic training;"
(p) in the Dutch text of 25°, the words "een of meerdere" are replaced by the words "een of meerdere";
(q) 26°, 27° and 28° are repealed;
(r) 29° is replaced by the following:
"29° "the sector of military occupations": a grouping of functions with principally common professional skills in the military, operational or technical field, referred to as "the worker of trade";"
(s) it is inserted on 29° /1 and 29° /2 as follows:
"29° /1 "a group of trades"; the grouping of several sectors of military occupations;
29° /2 "the interwire group of trades": the grouping of all sectors of military occupations;"
(t) in the 30th, the words ", reserved for soldiers who do not develop a flat career" are repealed;
(u) 31° is repealed;
(v) in 32°, the words "the officer who has a master" are replaced by the words "the officer who acquires the quality of officer on the basis of a master";
(w) in the 33°, the words "the officer who has a bachelor's degree or a candidate's degree from an academic or equivalent institution, but not a master's degree," are replaced by the words "the officer who acquires the quality of an officer on the basis of a bachelor or a candidate's degree from an academic or equivalent institution";
(x) it is inserted the 33° /1 and 33° /2 as follows:
"33/1° "the non-commissioned officer B": he who acquires the quality of non-commissioned officer on the basis of a bachelor required for the performance of his duties or who, after serving as non-commissioned officer C, acquires the quality of non-commissioned officer B;
33/2° "the non-commissioned officer C": the non-commissioned officer who acquires the quality of non-commissioned officer on the basis of a diploma or certificate of higher secondary education, or an equivalent diploma or certificate, or the member who, after serving as a volunteer, acquires the quality of non-commissioned officer C;"
(y) the 34th is replaced by the following:
"34° "the officer candidate": the military candidate for an officer's career, either as an officer of level A or as an officer of level B;"
(z) 35° and 36° are repealed;
(aa) the 37° is replaced by the following:
"37° "the non-commissioned candidate": the military candidate for a non-commissioned career, either as a non-commissioned officer at level B or as a non-commissioned officer at level C;"
(ab) the 38° is replaced by the following:
"38° "voluntary candidate": the military candidate for a volunteer career;"
(ac) the 39° is replaced by the following:
"39° "basic training": the basic training cycle a military candidate must follow according to his or her status as a military candidate; ";
ad) it is inserted the 39° /1, 39° /2 and 39° /3 written as follows:
"39° /1 "training": the training that a member may or should attend during his or her career;
39° /2 "the application period": the period during which the military candidate follows his basic training;
39° /3 "normal application period": the normal duration of basic training, without any extensions or delays;"
(ae) the 40° is replaced by the following:
"40° "the test": a test, written or oral, individual or collective, aimed at evaluating a task, according to a specific evaluation technique; ";
(f) the 41st is repealed;
(ag) the 42° is replaced by the following:
"42° "reorientation": the extent by which the military candidate can complete or resume his basic training in another specific training cycle, possibly in another capacity as a military candidate; ";
(ah) the 43° is replaced by the following:
"43° "reclassification": the extent by which the military candidate who has failed permanently can obtain authorization to enter a new basic training;"
(a) the 44° is replaced by the following:
"44° "the adjournment": the extent by which the military candidate who is or was unable to participate in part of the basic training, obtains the authorization to present some tests and examinations later or to follow some parts of the basic training;"
(aj) the 45° is replaced by the following:
"45° "the extension of the application period": the extent to which the application period for a military candidate is extended; ";
(ak) in 46°, the words "initial or continued military career" are repealed;
(a) 47° is supplemented by the words "or distribution of grades on functions";
(am) in the 48°, the words "the vacuum" are replaced by the words "the applicant or the military candidate";
an) it is inserted the 48° /1 written as follows:
"48° /1" professional qualities": excluding moral, material and physical qualities, all the qualities of a professional nature required of a military candidate, and specifically professional, and in terms of possible academic or theoretical training; ";
(ao) in the 49°, the words "respond to exercise their function" are replaced by the word "satisfactory";
(ap) the 51° is replaced by the following:
"51° "the class of fitness": the codification of the professional, physical and medical fitness of the member to exercise his or her function or to be deployed in operation;"
(aq) the 52° is replaced by the following:
"52° "the specific training cycle": the basic training cycle that a military candidate must follow according to his/her quality, type of recruitment, and the industry or function for which he/she is recruited;"
(ar) the 53° is replaced by the following:
"53° "the period of school education": the period of mainly academic or theoretical training provided by military or civil educational institutions;"
(a) the 54° is replaced by the following:
"54° "the period of instruction": the period of mainly military and professional training provided by a training organization or by a unit responsible for specific training; ";
(at) the 55° is replaced by the following:
"55° "the evaluation period": the practical training period in unit with a duration of not less than three months, during which the military candidate may exercise all the tasks entrusted to him as an officer, non-commissioned officer or volunteer;"
(a) 56°, 57°, 58°, 59° and 60° are repealed.
Art. 18. In Title II of the Act, an article 3/1 is inserted as follows:
"Art. 3/1. In derogation from Article 2, for the application of this title, "military candidat" must be understood:
1° the military candidate referred to in Article 3, 13°, (a) of this Law;
2° the auxiliary officer candidate;
3° the short-term military candidate;
4° the reserve military candidate;
5° the military musician candidate. ".
Art. 19. Section 4 of the Act is replaced by the following:
"Art. 4. The different types of recruitment are:
1° normal recruitment;
2° special recruitment;
3° lateral recruitment;
4° complementary recruitment;
5° the recruitment of auxiliary officers;
6° the recruitment of short-term military candidates.".
Art. 20. Section 5 of the Act is replaced by the following:
"Art. 5. § 1^er. Regular recruitment is:
1° military candidates for a career as a Level A career officer who are admitted in the first year of basic training, to the Royal Military School, or to a higher industrial institute or to the higher navigation school, or to the basic training of doctor, veterinarian, dentist or pharmacist;
2° military candidates for a career as a Level B non-commissioned officer who are admitted in the first year of a basic training in a higher education institution for a bachelor;
3° military candidates for a career as a C-level career non-commissioned officer who hold the certificate of higher secondary education or an equivalent degree or certificate;
4° military candidates for a career volunteer career;
5° military candidates who aim for a reserve military career, except those who come from special recruitment.
§ 2. Special recruitment is:
1° military candidates who aim for a career as a Level A career officer and who hold a master's or a complementary master's degree;
2° military candidates for a career as a Level B career officer who are holders of a bachelor;
3° military candidates for a career as a Level B career non-commissioned officer who hold a bachelor's degree;
4° military candidates for a reserve military career.
Special recruitment referred to in paragraph 1^er, 4°, is subdivided into special basic recruitment and special lateral recruitment.
Special core recruitment is:
1° military candidates for a reserve officer career who are masters;
2° military candidates who seek a career as a non-commissioned officer and who hold a bachelor.
The special lateral recruitment is the recruitment of military candidates who aim for a career as a reserve officer, who are masters and who can justify a professional experience in the subject area whose minimum duration is fixed by the King.
§ 3. Lateral recruitment is the recruitment of level A career officers to fill vacancies in well-defined areas, which cannot be filled by defence personnel.
Applicants for lateral recruitment must have a master's or master's degree and have a specific professional experience in the field.
The specific professional experience referred to in paragraph 2 must have been acquired outside the Defence and be deemed to meet the requirements of the vacant position by the authority that the King designates.
The duration of this professional experience is fixed by the King by subject area.
§ 4. Additional recruitment is:
1° military candidates for a career as a Level A career officer who are admitted in basic training at a higher industrial institute or at the higher navigation school, or the basic training of doctor, veterinarian, dentist or pharmacist;
2° military candidates who aim for a career as a Level B non-commissioned officer and who are admitted in basic training in a higher education institution to obtain a bachelor. ".
Art. 21. Article 6, § 1^erthe following amendments are made to the Act:
1st paragraph 1^er is supplemented by the words ", among which the linguistic regime of vacant posts. However, the Minister may refrain from setting the language regime for vacancies in a special recruitment session if he or she considers that the limited number of vacancies in this session warrants it";
2° in paragraphs 2 and 3, the words "The Minister or the authority he designates for this purpose" are replaced by the words "The authority designated by the King".
Art. 22. In section 7 of the Act, the following amendments are made:
1° in paragraph 1^er, the word "candidat" is inserted between the words "the quality of" and the words "military, have";
2° Paragraph 2 is replaced by the following:
"The applicant may not have attained the age of 34 or 26 at December 31 of the year of incorporation when it is a pilot candidate. ";
3° paragraph 3 is repealed;
4° old paragraph 4, becoming paragraph 3, is replaced by the following:
"In derogation from paragraph 2, the King may set for certain recruitments that He determines, another maximum age limit, without it being less than 25 years."
Art. 23. Section 8 of the Act is replaced by the following:
"Art. 8. The applicant must meet the following conditions:
1° having not been permanently pensioned for physical incapacity or dismissed by reform;
2° have not been permanently dismissed from his employment by resigning from office, placing at the ex officio pension or termination of his or her appointment except for medical incapacity to the air service or for professional incapacity to the air service;
3° not to be a military candidate in the same category of staff and the same type of recruitment;
4° having not lost the quality of the military following the passage to the qualification category D, referred to in section 69, paragraph 7, unless this passage was due to medical incapacity;
5° not having lost the quality of military candidate in the same category of personnel or in a lower category, in the twelve months preceding the day he re-registers;
6° have not previously failed twice in a training year of a training cycle in the same category of staff;
7° for the applicant for air service, not to have been removed from a category of airborne personnel, unless that radiation occurred at the request of the applicant or because of medical incapacity to the air service;
8° not having previously lost the quality of military candidate due to insufficient material qualities in the same category of personnel or in a lower category of personnel, during the twenty-four months preceding the day he re-registers;
9° after attribution of a function, not having previously by three times, as the case may be, waived an incorporation or was absent without reason on the day of incorporation.
However, in derogation from paragraph 1^er, 2°, the applicant for air service may not have been permanently dismissed from his or her employment by resigning from office, on board or termination of his or her appointment for medical incapacity to air service or for professional incapacity to air service."
Art. 24. In section 9 of the Act, the following amendments are made:
(a) in the 2°, the word "other" is inserted between the words "separating from one" and the words "member state of";
(b) the 3° is replaced by the following:
"3° justifying essential moral qualities;"
(c) it is inserted the 9° and 10° as follows:
"9° did not receive a negative security notice from the Department of Intelligence and Security, issued on the basis of a security check in accordance with the provisions of the Classification and Enabling, Certification and Security Notice Act of 11 December 1998 or not have denied this security check. By derogation from section 22septies of the above-mentioned Act, no remuneration is payable by the applicant who is subject to a security check;
10° meet the regulatory requirements for the presentation of the member. ".
Art. 25. In section 10 of the Act, the following amendments are made:
(a) in paragraph 1^erParagraph 1^er, the 2° is replaced by the following:
"2° where applicable, academic or professional knowledge tests;"
(b) in paragraph 1^erParagraph 1^er, the 3° is replaced by the following:
"3° of physical fitness and medical fitness tests. ";
(c) in paragraph 1^erParagraph 2 is replaced by the following:
"Some selection tests can:
1° in whole or in part take place abroad;
2° be received in English, provided that part of the basic training is given in English. ";
(d) in paragraph 2, paragraph 1^er, the words "the military commission of aptitude and appeal reform" are replaced by the words "the medical appeal commission";
(e) Operative paragraph 2 is supplemented by three subparagraphs as follows:
"The medical appeal board shall rule on the appeal against a medical incapacity decision referred to in paragraph 1^er. This commission shall notify, by registered mail, its decision to the interested party.
In addition to the president, the Medical Appeals Commission consists of at least three military doctors of the active framework, and is eventually assisted by specialists and a secretary.
The King sets out the modalities for the concrete composition and operation of the medical appeal commission.".
Art. 26. Section 11 of the Act is replaced by the following:
"Art. 11. Does not justify the essential moral qualities referred to in article 9, paragraph 1^er, 3°, the applicant who, as the case may be:
1° was sentenced to a criminal sentence;
2° was sentenced to a correctional penalty of three months or more, with the exception of the offences that the King determines based on their compatibility with the military state;
3° was dismissed from public employment or was deprived of any of the rights provided for in article 31, 1° and 6°, of the Criminal Code, regardless of the offence committed;
4° as a reserve member, was the subject of an ex officio withdrawal of the rank or a withdrawal of the grade because he was guilty of serious acts incompatible with his state of military or, as the case may be, was prematurely placed on the same grounds, on leave, unlimited leave or on permanent leave when he was performing voluntary supervisory benefits."
Art. 27. Section 12 of the Act is replaced by the following:
"Art. 12. The King fixed:
1° the selection tests and the rules according to which the selection tests are organized, according to the staff category, the type of recruitment or the vacancy;
2° the rules according to which the applicant is valued during the selection tests, the duration of validity of the results of these tests and the period to be run before being able to present these tests again;
3° the documents to be provided by the applicant who certify that he meets the conditions of nationality and studies, and that he justifies essential moral qualities;
4° for the national of a member state of the European Economic Area, other than Belgium, or of the Swiss Confederation, the authority which decides on the equivalence in the legislation of the country of which he is a national, of the criteria for evaluating the moral qualities referred to in Article 11;
5° the conditions of study;
6° the conditions and modalities for the establishment and use of a recruitment reserve.
However, the provision of paragraph 1^er, 2°, relative to the maximum duration of the test results, is not applicable to the applicant declared permanently unfit medically.
The conditions of study referred to in paragraph 1^er, 5°, are fixed according to the type of recruitment and the category of personnel concerned, with the following minimum levels:
1° the applicant officer must be able to enter higher education studies;
2° the non-commissioned candidate must have passed the degree of secondary education corresponding to his type of recruitment;
3° the applicant must have completed primary education. ".
Art. 28. Section 13 of the Act is replaced by the following:
"Art. 13. Officer or non-commissioned candidates are distributed for vacant positions for which they apply, according to a classification model using a sequential parallel allocation method.
Volunteer applicants are distributed, for vacancies for which they apply, according to a psychometric classification model.
The classification takes into account:
1° of the measurement of the suitability of applicants to the various vacancies;
2° the preferences of the applicants;
3° of the importance given to the occupation of the various vacancies.
The weighting coefficients used for the performance of classification models are fixed by the authority that the King designates.
The King shall determine the ranges in which the weighting factors referred to in paragraph 4 may be fixed.
The content, calculation rules, criteria and algorithm of classification models are set out in a regulation by the Minister. ".
Art. 29. Section 14 of the Act is replaced by the following:
"Art. 14. For the recruitment process for an officer or non-commissioned candidate, the recruitment commission shall be competent to:
1° the deliberation of applicants, according to the needs of the Armed Forces and based on the results of all selection tests;
2° the application of the classification model to deliberate applicants;
3° the allocation of vacant posts to applicants in accordance with the provisions of Article 13;
4° the evaluation of the results of the classification procedure.
In addition to the President, the recruitment committee consists of at least six members, and is eventually assisted by specialists and a secretary.
The King sets out the modalities for the concrete composition and functioning of the recruitment commission.
For the recruitment process of the applicant, the authority designated by the King is competent to:
1° the application of the classification model to applicants;
2° the allocation of vacancies to applicants in accordance with the provisions of Article 13;
3° the evaluation of the results of the classification procedure.".
Art. 30. In section 15 of the Act, the following amendments are made:
1st paragraph 1^er is supplemented by the words "dispensed, preferably and in priority, by the medical component";
2° in paragraph 3, the words "of affections referred to in paragraph 2" are inserted between the words "ambulatory or non-ambulatory," and the words "and cannot exceed".
Art. 31. In article 18, paragraph 2, of the same law, the words "3° and 4°" are replaced by the words "2° to 4°".
Art. 32. In Title III, Chapter I, of the same Act, the title of Section 1^re is replaced by the following:
"Section 1^re. Military and military candidate."
Art. 33. Section 21 of the Act is replaced by the following:
"Art. 21. The applicant acquires the status of a military candidate on the day of his incorporation, provided that he is considered medically fit and after he has been told that he is subject to military laws. The acquisition of the quality of a military candidate is recognized by the establishment of a document signed by the applicant who receives a copy of it. In times of war, the fulfilment of this formality is recognized by all means of law.
The acquisition of the quality of military candidate is consecrated by the signing of an act of engagement, to which the Minister sets the model. A copy of the completed certificate of engagement is provided to the relevant military candidate.
The head of the body of the incorporation body is the competent authority to receive the document by which the applicant acknowledges that it is subject to military laws, as well as the act of engagement.
Where applicable, in full right and on the date of the appointment, the undertaking entails the resignation of the employment as a member or the termination of any prior undertaking or appointment as a military candidate.
In times of war and in times of war, the current commitments are extended in full right until the day fixed by the minister and no later than the day fixed for the handover of the army on a peace foot.
The non-emancipated minor must justify, in the form of a certificate, the consent of the person or persons who exercise parental authority in his or her respect. The applicant domiciled abroad presents a document considered equivalent to the above-mentioned certificate.
The King fixed:
1° the modalities for the acquisition of the quality of military candidate and the engagement procedure;
2° the cases in which the applicant is authorized to acquire the status of a military candidate at a later date, and the maximum duration of the delay that may be authorized."
Art. 34. In the same Act, an article 21/1 is inserted as follows:
"Art. 21/1. The quality of military candidate is withdrawn by the authority that the King designates, when:
1° the military candidate is considered to have finally failed because he:
(a) does not have the required professional qualities, in accordance with the rules in force with regard to the appraisal of professional qualities, and either cannot or does not wish to be reclassified;
(b) does not have the required material qualities, in accordance with the rules in force with regard to the appreciation of the material qualities, and either cannot or does not wish to be reclassified;
(c) does not have the required physical qualities, in accordance with the rules in force with regard to the appreciation of physical fitness, and either cannot, or does not wish to continue its training or cannot, or does not wish to be reclassified;
2° the military candidate no longer meets the medical or professional fitness requirements and either cannot or does not wish to continue his training;
3° the military candidate no longer possesses the required moral qualities, according to the rules in force with regard to the appraisal of moral qualities;
4° the military candidate referred to in Article 3, 13°, a), and Article 87, paragraph 1^erobtains at the request the termination of his or her commitment or commitment;
5° the military candidate referred to in Article 3, 13°, (b), shall, at his request, obtain the authorization of the chief of the defence or the authority that he designates;
6° the engagement or re-engagement of the military candidate is terminated ex officio;
7° the military candidate is no longer a national of a member state of the European Economic Area or of the Swiss Confederation, or when a decision is made to depart from the territory, return or expulsion, pursuant to the law of 15 December 1980 on access to the territory, residence, establishment and removal of aliens;
8° the military candidate must be removed from his specific training cycle because of the refusal or withdrawal of the required security clearance and either cannot or does not wish to be reclassified;
9° a period of war is decreed for the candidate under the age of eighteen.
When loss of military candidate status referred to in paragraph 1^er, applies to a military candidate under the age of eighteen, single and unemancipated, those who exercise parental authority in respect of the candidate are notified by registered mail.
The monetary and social rights of the military candidate who has lost the status of candidate under paragraph 1^er, 9°, are saved until its reintegration. ".
Art. 35. In the same Act, an article 21/2 is inserted as follows:
"Art. 21/2. The military candidate acquires the status of an officer, non-commissioned officer or volunteer on the day following the day in which he has successfully completed his or her application period. ".
Art. 36. Section 22 of the Act is replaced by the following:
"Art. 22. The quality of officer, non-commissioned officer or volunteer shall be withdrawn by the King or the authority that He designates, when the member:
1° is no longer a national of a member state of the European Economic Area or of the Swiss Confederation, or is subject to a decision to depart from the territory, return or expulsion, pursuant to the Act of 15 December 1980 on access to the territory, residence, establishment and removal of aliens;
2° is permanently placed on the pension;
3° makes the transfer referred to in articles 141 and 144, 2°;
4° initiates, in the context of external mobility, a new professional activity, as referred to in Article 168;
5° obtains his resignation at his request;
6° is permanently removed from employment in accordance with Article 57, paragraph 1^er, section 58 or section 59, paragraph 1^er;
7° is in one of the cases referred to in Article 72/3.
Art. 37. Section 23 of the Act is replaced by the following:
"Art. 23. § 1^er. Military candidates referred to in Article 3, 13°, (a), begin their career by the basic training cycle referred to in Article 88.
During the basic training cycle, military candidates acquire the skills necessary to exercise a basic function.
At their admission as a career soldier, volunteers have the skills of a basic function, and officers and non-commissioned officers have the skills of the industry to which the basic function belongs.
§ 2. During their careers, the military acquires, as the case may be, one or more skills to:
1° to continue to evolve in their function or industry;
2° to perform functions in a competence pole;
3° to perform specific functions referred to in articles 111 and 112 in their trades or a competence pole;
4° to change function or industry according to the provisions of articles 40 to 42. ".
Art. 38. In section 25 of the Act, the following amendments are made:
(a) Paragraph 1^er is replaced by the following:
§ 1^er. The categories of staff are:
1° the "commissioned officers", appointed or commissioned in an officer's rank;
2° "Uncommissioned Officers", appointed or commissioned in a rank of non-commissioned officer;
3° "Volunteers", appointed or commissioned in a volunteer rank. ";
(b) in paragraph 2, paragraph 1^erthe words "at § 1^erParagraph 1^er, 1° " are replaced by the words "at § 1^er, 1°
(c) in paragraph 2, paragraph 2 is replaced by the following:
"Servent as officer of level B, the officers and non-commissioned officers referred to in section 3, 33°. ".
Art. 39. Section 26 of the Act is repealed.
Art. 40. In section 27 of the Act, the following amendments are made:
(a) in paragraph 1^erParagraph 1^er10° is repealed;
(b) in paragraph 1^erParagraph 2 is replaced by the following:
"The following subcategories are distinguished:
1st grade holders referred to in paragraph 1^er1° to 4°, are called junior officers;
2° the holders of the grades referred to in paragraph 1^er5° to 7°, are called superior officers;
3° holders of grades referred to in paragraph 1^er8° and 9° are called General Officers. ";
(c) the article shall be supplemented by paragraph 3, as follows:
§ 3. Subalternary officers, as the case may be, serve as a Level A officer or level B officer.
Senior and General Officers serve as Officer of Level A.
Level B officers only have access to the ranks of junior officers. ".
Art. 41. Section 28 of the Act is repealed.
Art. 42. Section 29 of the Act is repealed.
Art. 43. Section 30 of the Act is repealed.
Art. 44. Section 31 of the Act is supplemented by paragraph 3 as follows:
§ 3. The non-commissioned officers shall, as the case may be, serve as non-commissioned officer at level B or as non-commissioned officer at level C."
Art. 45. In section 32 of the Act, the following amendments are made:
1° in paragraph 1^erParagraph 1^er4° is repealed;
2° in paragraph 1^erParagraph 1^er7° is repealed;
3° in paragraph 1^er, paragraph 2, 2° the words "4° to 6°" are replaced by the words "5° and 6°";
4° in paragraph 1^erParagraph 2 is repealed.
Art. 46. Section 33 of the Act is repealed.
Art. 47. Section 34 of the Act is replaced by the following:
"Art. 34. The member or military candidate who, depending on the category of personnel he or she seeks, is appointed or commissioned for the first time in the rank of captain, deputy lieutenant, sergeant or first soldier respectively, shall take the oath prescribed by the decree of July 20, 1831 concerning the oath to the effect of the representative constitutional monarchy, in the hands of his head of corps. ".
Art. 48. Section 35 of the Act is replaced by the following:
"Art. 35. Subject to the provisions relating to the appointment and commission of military candidates referred to in articles 81/5, 82 and 83/1:
1° the officers are appointed or commissioned in the rank by the King;
(2) the non-commissioned officers shall be appointed or commissioned in the rank by the Minister;
3° Volunteers are appointed or commissioned in the rank by the authority that the King designates.
Grades can only be conferred up to the corresponding number of jobs.".
Art. 49. In section 36 of the Act, the following amendments are made:
1° in paragraph 1^er1° is repealed;
2° in paragraph 1^er3°, the words "or a military candidate" are inserted between the words "for a military member" and the words "commissioned in a grade";
Paragraph 2 is repealed.
Art. 50. In section 37 of the same law, the words "This waiver is irrevocable" are replaced by the words "It can return once on its decision. However, this decision becomes irrevocable three years after the relevant member has communicated his decision in writing to the authority that the King designates. ".
Art. 51. In chapter I, section 4, title III of the Act, the words ", areas of expertise" are repealed.
Art. 52. Section 38 of the Act is replaced by the following:
"Art. 38. The King sets out the list of trades and competence poles.
Any registration of an officer or non-commissioned officer in a business and, where appropriate, any acquisition of a competency pole by a member shall be based on the personnel needs of the Armed Forces, following one of the ways and conditions set out in sections 39 to 42. ".
Art. 53. In the same Act, an article 38/1 is inserted as follows:
"Art. 38/1. Officers cease to belong to a profession as soon as they are appointed to a rank of general officer or for the period during which they are commissioned to a rank of general officer to exercise the job or function of the higher rank. ".
Art. 54. In the same Act, an article 38/2 is inserted as follows:
"Art. 38/2. As part of the advancement of the general and superior officers and senior non-commissioned officers, and according to the needs of the organization of the Armed Forces, the King may subdivide the envelope into active military personnel, in accordance with Article 5 of the Military Personnel Envelope Act of 25 May 2000. ".
Art. 55. In section 39 of the Act, the following amendments are made:
1° in paragraph 1^erParagraph 1^er is replaced by the following:
"Preliminary registration in a sector of trades or, as the case may be, in a group of trades takes place at the time the individual begins basic training. ";
2° in paragraph 1^erParagraph 2 is replaced by the following:
"Definite registration in a trades industry takes place at the latest when the member concerned successfully completed his basic training. ";
3° in paragraph 1^er, paragraph 3, the words "or an area of expertise" are repealed, the words "in which" are replaced by the words "in which" and the words "expert, specialist, first sergeant or first soldier" are replaced by the words "of captain, sergeant or first sergeant-major";
Paragraph 2 is replaced by the following:
"§2. The acquisition of a competency pole shall take place when the member concerned:
1°, where applicable, successfully completed a course of development for the acquisition of this competence pole;
2° received a positive assessment in a function of this competence pole, according to the procedure and the terms fixed by the King.".
Art. 56. Section 40 of the Act is replaced by the following:
"Art. 40. In the event of the removal of a trades industry or in the interest of the service, each member may be transferred from one trades industry to another, provided that he meets the physical fitness criteria and the medical fitness criteria of his new trades.
This transfer and, if applicable, the basic formations or formations that are related to it are prescribed by the authority that the King designates.
Final registration in the new business sector shall take place no later than when the member concerned has successfully completed the basic training or training referred to in paragraph 2.".
Art. 57. Section 41 of the Act is replaced by the following:
"Art. 41. Each member may be transferred to his or her application from one industry to another, provided that he or she meets the criteria for physical fitness and medical fitness of his or her new industry.
This transfer and, if applicable, the basic formations or formations that are related to it are prescribed by the authority that the King designates.
Final registration in the new business sector shall take place no later than when the member concerned has successfully completed the basic training or training referred to in paragraph 2.".
Art. 58. In section 42 of the same law, the words "the sectors of trades, areas of expertise or competence referred to" are replaced by the words "the sectors of the trades referred to".
Art. 59. Section III, chapter I^er, section 4, of the same law, an article 42/1 is inserted as follows:
"Art. 42/1. Any member may, regardless of his or her function or the industry in which he or she is registered, be designated to perform service benefits in any organization of the Armed Forces. ".
Art. 60. In section 43 of the Act, the following amendments are made:
(a) in the 1st, the words "and military experts" are repealed;
(b) in 2°, the words "and military specialists" are repealed.
Art. 61. In section 44 of the Act, the following amendments are made:
1st paragraph 1^er is replaced by the following:
"The member may be detached because of an official mission to an institution of public international law, a foreign government, any public service dependent on the federal authority, regions, communities, provinces, municipalities, agglomerations, federations and associations of municipalities, police zones, autonomous public enterprises referred to in the Act of 21 March 1991 on the reform of certain economic public enterprises, as well as organizations that depend on such public service. ";
2° Paragraph 2 is repealed.
Art. 62. In section 45, paragraph 1^er, 2°, of the same law, c) is repealed.
Art. 63. In section 46 of the Act, the following amendments are made:
1° in paragraph 3, the words "preparation" are replaced by the word "preparation" and in the Dutch text, the word "verzoek" is replaced by the word "aanvraag";
2° the article is supplemented by seven paragraphs written as follows:
"The member who is assigned to an international or interallied organization may obtain a temporary withdrawal of employment on request provided that the application is motivated by exceptional personal reasons that are appreciated by the authority that the King designates. This temporary employment withdrawal lasts three months and can only be granted once.
A member who occupies a position requiring a specific and rare competency profile cannot obtain a temporary withdrawal of employment on request. The King sets these positions by category of staff, and possibly by subcategory of staff.
However, for exceptionally motivated personal reasons, the member referred to in paragraph 5 may apply to the Minister for a temporary withdrawal of employment upon request. This temporary employment withdrawal lasts three months.
Depending on supervisory requirements, the request for a temporary withdrawal of employment at the request of a member may be denied by the Minister in order to ensure the proper functioning and continuity of the Armed Forces.
If a temporary withdrawal of employment on the application is accepted by the Minister, the Minister shall take effect no later than three months after the date on which the application was filed, unless the member concerned requests an effective subsequent to the three months referred to above.
However, if the interest of the service requires it to preserve the operational capabilities of the Armed Forces, the Minister may set a later date, but no later than:
1° nine months after the date of application for officers;
2° six months after the date of introduction of the application for non-commissioned officers and volunteers.
Paragraphs 4 to 6 and 9 are not applicable to a temporary withdrawal of employment for family reasons. ".
Art. 64. In section 47 of the Act, paragraph 2 is replaced by the following:
"Any temporary employment withdrawal or extension is expressed in months and is requested for a minimum of three months and up to twelve months."
Art. 65. In section 48 of the Act, the following amendments are made:
1° in paragraph 2, paragraph 1^er is replaced by the following:
"Any career interruption or extension is expressed in months and is requested for a minimum of three months and up to twelve months. ";
2° in paragraph 3, paragraph 1^er is replaced by the following:
"Without prejudice to the application of section 176, the member in a career interruption may exercise only the incidental activity as an employee who has been authorized at least three months before the commencement of the career interruption, under the conditions and limits of that authorization. It may also operate as an independent worker. ";
3° in paragraph 3, paragraph 2, the words "and military experts" are repealed;
4° in paragraph 3, paragraph 4, the words "that an incidental activity of an employee becomes a principal activity" are replaced by the words "if it does not carry out its incident activity under the conditions and limits of the authorization referred to in paragraph 1^er".
Art. 66. In section 49, paragraph 1^erin the same law, the words "As long as the interest of the service does not oppose it, the minister" are replaced by the words "The Minister".
Art. 67. In section 50 of the Act, the words "and military experts" are repealed.
Art. 68. Section 51 of the Act is replaced by the following:
"Art. 51. § 1^er. Where the Minister considers that the presence of a military member in the Armed Forces is in breach of the discipline or good name of the Armed Forces, the Minister may, on his or her own motion or on the proposal of the military chiefs, suspend the latter by order.
Suspension by order is an interim measure that is not disciplinary.
§ 2. The member concerned is heard beforehand about the facts that are charged to him and may be assisted by the person of his choice.
It shall be summoned by notification against acknowledgement of receipt or by registered consignment, and shall be deemed to have been heard, even if it does not acknowledge receipt, provided that such summons was made a second time after a reasonable period of time.
Where it is impossible to hear the member prior to his or her suspension by order or when an emergency situation warrants it, the minister or a superior of a rank at least equal to that of a head of body may, without delay and until the suspension is pronounced by order, prevent it. If the member could not be heard before the preventive separation, the member concerned shall be heard without delay after the decision of the member. When the emergency is invoked, the member cannot be pre-emptively dismissed for more than fifteen working days.
As an internal measure, the preventive deviation referred to in paragraph 3 shall not, for the member concerned, result in administrative or monetary status.
§ 3. The duration of the suspension by order shall not exceed three months.
In case of need, with respect to the provisions of § 2, the suspension may be extended by periods of three months up to a maximum of two years. This extension is decided by the King for officers and by the minister for non-commissioned officers and volunteers.
However, where judicial information or criminal proceedings are under way because of the facts that motivate the suspension, the suspension must be terminated no later than six months after the end of the judicial action.
The Minister may terminate the suspension by order at any time by the Minister who determines, where appropriate, the terms and conditions for the regularization of the member concerned.
§ 4. When a member suspended by order is deprived of his or her liberty, the suspension shall be suspended in full right until the date of release of the member concerned. At that date, the remaining period of the suspension by order rests again in full right to run, without further notification to the latter. On the other hand, when the suspension by order is notified to a member who is in pre-trial detention, the taking of effect of the suspension by order is suspended in full right until the release of the member concerned, without further notification to the member concerned.
§ 5. Where a member is suspended by order, or that such suspension is extended, without a procedure that may give rise to a statutory measure, a board of inquiry, constituted by the Minister and composed in accordance with the provisions of section 57, paragraph 5, is responsible for issuing notice on that suspension.
The King rules the procedure of the board of inquiry referred to in paragraph 1^er".
Art. 69. In section 52 of the Act, the following amendments are made:
1° paragraph 1^er is replaced by the following:
§ 1^er. At any time, the member may present his resignation in writing. This resignation has effect only when it is accepted by the King for officers, the minister for non-commissioned officers and the authority the minister designates for volunteers.
The resignation that has been accepted shall, as the case may be:
1° no later than three months after the date of introduction of the application, unless the member concerned requests a later date to the three months referred to above;
2° if the interest of the service requires it in order to preserve the operational capabilities of the Armed Forces, on the date fixed by the King or the authority it determines, but at the latest:
(a) nine months after the date of application for officers;
(b) six months after the date of application for non-commissioned officers and volunteers. ";
2° in paragraph 3, 5°, the words "introduces the application while it" are repealed.
Art. 70. In section 53 of the Act, as amended by the Act of 11 May 2007, the following amendments are made:
1° paragraph 2 is replaced by the following:
"However, as long as it has not reached the retirement age, the member who has lost the quality of the military as a result of his resignation at his request, for a period not exceeding three years, may obtain from the King in respect of the officers, the minister in respect of the non-commissioned officers and volunteers, the authorization to be reinstated in the active framework, in which case he has suffered a loss of seniority in equal time. ";
2° Paragraph 3 is repealed.
Art. 71. In section 55 of the same law, the word "If" is replaced by the words "Without prejudice to the law of April 12, 1965 concerning the protection of the remuneration of workers, if", the words "Director General Human Resources" are replaced by the word "Minister", and the word "ten" is replaced by the word "five".
Art. 72. In section 56 of the Act, the following amendments are made:
1° in paragraph 2, the words "or a military expert" are repealed;
2° the article is supplemented by a paragraph written as follows:
"When the member was suspended by order in advance of the decision to temporarily withdraw employment by disciplinary measure, the absence from the temporary withdrawal of employment is diminished from the period already suspended by order."
Art. 73. In section 57 of the Act, the following amendments are made:
1° in paragraph 2, the words "and military experts" are repealed;
2° Paragraph 3 is replaced by the following:
"The Board of Inquiry shall consider whether the facts are established and, where appropriate, shall give notice of their gravity and incompatibility with the military status corresponding to its personnel category. ";
Paragraph 4 is replaced by the following:
"The Board of Inquiry may propose to the Minister that a further action be taken than the final withdrawal of employment."
4° the article is supplemented by a paragraph, written as follows:
"The board of inquiry, whose procedure is fixed by the King, is composed of five members, with at least one rank higher than the member who appears or a seniority in the same grade, and of which at least two members are in the same category of personnel as the member who appears. These members shall be appointed in accordance with the terms established by the King. The board of inquiry is assisted by a secretary designated by the authority designated by the King.".
Art. 74. In section 58 of the Act, the following amendments are made:
1st paragraph 1^er is replaced by the following:
"Unless the following convictions are suspended and provided that this stay is not revoked, the member is permanently removed from his or her employment without the intervention of a board of inquiry if convicted, in accordance with Article 19 of the Criminal Code or Article 5 of the Military Penal Code or the prohibition, even temporary, of any of the rights referred to in Article 31, 1 and 6 of the Criminal Code."
2° in paragraph 2, the words "and military experts" are repealed.
Art. 75. In article 59, paragraph 2, the words "by registered mail" are replaced by the words "at least by registered mail".
Art. 76. In title III, chapter I^erin the same Act, the title of section 6 is replaced by the following:
"Section 6. - Seniority and appointment."
Art. 77. Section 61 of the Act is replaced by the following:
"Art. 61. Subject to the provisions relating to the appointment and commission of military candidates in accordance with Articles 82 and 83/1, and the provisions relating to the commission of the military to a higher rank in accordance with Articles 74 and 75, seniority in the rank shall be determined by the date of appointment to that rank. ".
Art. 78. Section 62 of the Act is replaced by the following:
"Art. 62. Subject to the provisions of Article 83/2 relating to the classification of military candidates whose appointment or commission shall, as the case may be, take effect on the same day, the relative seniority of officers, non-commissioned officers or volunteers appointed at the same date at the same grade shall be determined:
1° by their seniority in the previous grade;
2° to equal seniority in the previous grade, depending on seniority in the lower grades;
3° to equal seniority in the lower grades, depending on the seniority of service within the category of the staff concerned;
4° equal service seniority in the category of personnel concerned, depending on the age of the member. ".
Art. 79. Section 63 of the Act is repealed.
Art. 80. In section 64 of the Act, the following amendments are made:
1° in paragraph 1^er, the words ", of seniority in a level of training" are repealed;
2° in paragraph 1^er, 2°, the words "at service" are replaced by the words "at service";
3° in paragraph 1^er, 3°, the word "emission" is replaced by the words "loss of military quality";
Paragraph 2 is repealed.
Art. 81. Section III, chapter I^er, section 6, of the same law, an article 64/1 is inserted as follows:
"Art. 64/1. § 1^er. The member who has been transferred from office or as a result of a change in the organization of the Armed Forces, is ranked in his new industry with his rank and seniority in this rank.
He follows, for the advancement, the fate of the soldiers of this new sector of trades who were appointed at the same time as him at the rank of which he is dressed and who have made a normal career.
§ 2. The member transferred to his application is classified in his new business as a result of the soldiers of the same age in his rank. However, if it is subsequently relocated from office or as a result of an amendment to the organization of the Armed Forces pursuant to section 40 or section 42, it will regain its original classification.
He follows, for the advancement, the fate of the soldiers of this new sector of trades that were appointed at the same time as he was appointed to the rank in which he was appointed after his basic training, and who had made a normal career. However, if the latter have already exceeded it in advance, the second paragraph of paragraph 1^er It is applicable to him. ".
Art. 82. In section 6, an article 64/2 is inserted as follows:
"Art. 64/2. § 1^er. Within the limits set out in paragraphs 2 to 4, the King shall determine, for the advancement of rank, if any, by trades and for the categories of military that He sets, the minimum seniority in the immediately lower grade.
§ 2. No officer may be appointed to the rank of major if he or she has at least eleven years of seniority as an officer of the active officer.
No officer may be appointed to the rank of lieutenant-colonel, colonel or to an officer-general if he is not two years of seniority in the immediately lower rank.
§ 3. No non-commissioned officer may be appointed to the rank of Chief Warrant Officer if he has at least ten years of seniority as an active officer.
No non-commissioned officer may, except in wartime, be appointed to the rank immediately superior if he or she has at least two years of active service in the grade of which he or she is coated.
§ 4. No volunteer may, except in times of war, be appointed to the rank of Corporal, Corporal Chief, first Corporal Chief if he or she has at least two years of active service in the immediately lower grade.
However, for the appointment to the rank of first soldier one year of service is sufficient.
No volunteer may, except in wartime, be appointed to the rank of Corporal Chief if he has at least ten years of active service as a volunteer. ".
Art. 83. In the same section 6, an article 64/3 is inserted as follows:
"Art. 64/3. The appointments of officers and non-commissioned officers shall take place within the business sector to which they belong under the provisions of Article 38.
General officers are appointed in accordance with the terms and conditions that the King determines and must reconcile the interests of the Armed Forces with a fair proportion in these ranks between the trades, within a group of trades and within an inter-wire group of trades.
Senior officers and senior non-commissioned officers are appointed in the business line referred to in paragraph 1^er the manner in which the King determines and which must reconcile the interests of the Armed Forces with a fair proportion in these grades between the trades, within a group of trades and within an inter-wire group of trades.
Paragraph 3 is not applicable to trades or categories of personnel established by the King.".
Art. 84. In section 65 of the Act, as amended by the Act of 11 May 2007, the following amendments are made:
1° in paragraph 1^er, the words "in pre-trial detention," are inserted between the words "in non-activity," and the words "in suspension";
2° in paragraph 2, paragraph 1^er, 2°, the words "is taken into active service" are replaced by the words "retake service";
3° in the Dutch text of paragraph 2, paragraph 1^er, 3°, the word "vervoegt" is replaced by the word "voegt";
4° in paragraph 2, the 7° is repealed;
5° in paragraph 2, paragraph 1^er is completed by the 8th written as follows:
"8° the member who takes over the service after being held in pre-trial detention. ";
Paragraph 2 is replaced by the following:
"The King for officers and the Minister for other military personnel may make special arrangements for the regularization of the advancement of the military referred to in this paragraph. ".
Art. 85. In section 66 of the Act, the following amendments are made:
1° in paragraph 1^er, paragraph 2, 1°, the words "when his or her assessment of position" are repealed;
2° in paragraph 1^er, paragraph 2, the second, is supplemented by the words "or when the position is put in place";
3° in paragraph 1^er, paragraph 2, 3°, the words "professionals of" are replaced by the words "professionals related to the function exercised by";
4° in paragraph 1^er, paragraph 3, the words ", industry, field of expertise or competence" are repealed;
Paragraph 2 is replaced by the following:
"§2. The direct superior of the member who is assessed, as well as the direct superiors of the above-mentioned superior, who meet the conditions set by the King, intervene in the appraisal of the position.
During the proceedings, counsellors whose qualifications are determined by the King may be appealed.
The person assessed may enter a memory at the time and procedure determined by the King. This memory is attached to the position appreciation.
The hierarchical chain cannot give an "insufficient" indication to a member's position assessment, if it did not perform any operating maintenance previously. ";
6° in paragraph 3, the words "operational category" are replaced by the words " aptitude category";
Paragraph 4 is repealed.
Art. 86. Section 67 of the Act is replaced by the following:
"Art. 67. The potential of officers and non-commissioned officers is estimated, called "potential estimation".
This estimate takes place in the area of management:
1° of tasks;
2° of personal operation;
3° relations with employees;
4° of interpersonal relations;
5° of information.
For officers, this estimate takes place at a minimum in connection with the continuing statutory training referred to in Article 111, paragraph 1^erTwo.
For non-commissioned officers, this estimate takes place at a minimum in connection with the continued training referred to in section 112, paragraph 1^erTwo.
In addition, the authority designated by the King may provide, if any, an estimate of the additional potential.
The King sets out the modalities for estimating potential.
The King may charge a defence department or an external organization to the Defence of the organization and execution of the potential estimate.".
Art. 87. Section 68 of the Act is replaced by the following:
"Art. 68. § 1^er. The member is appreciated for his physical fitness and medical skills.
This assessment is based on physical fitness criteria and medical fitness criteria.
§ 2. The member must meet the physical fitness criteria set by the King, as the case may be, by age category, sex, function or function annexed.
Where applicable, the King may, for the exercise of certain activities, set complementary physical fitness criteria.
To prove that it meets the physical fitness criteria, the member concerned must complete the physical tests that the King sets. The results of these tests are validated by the corps chief of the member concerned.
Appreciation of physical fitness takes place:
1° according to a periodicity fixed by the King;
2° no later than six months after the occupation of a new function;
§ 3. The member must meet the medical fitness criteria for the required medical profile.
Medical fitness criteria are fixed by the King, as the case may be, by trades, function or function annexed.
If applicable, the King may, for the exercise of certain activities, set additional medical fitness criteria.
In addition, the King fixes:
1° the authorities that must give notice of the medical fitness of the member;
2° the authorities which are competent to determine the medical fitness of the member;
3° the procedure leading to the assessment of the medical fitness of the member.
Appreciation of medical fitness takes place:
1° according to a periodicity fixed by function, function annexed or post;
2° at the request of:
(a) head of the military concerned;
(b) concerned military personnel;
(c) adviser in the prevention and doctor of the relevant work for the unit of the member concerned;
(d) medical support of the unit to which the member belongs;
(e) the authorities designated by the King;
3° when the member joins his unit after an uninterrupted absence for health reasons of more than twenty-eight days;
4° no later than six months after the time it was found that the member concerned no longer responded to his medical profile.
For a period of thirty-six consecutive months, the duration of absence for health reasons cannot exceed twenty-four months.
However, the military suitability and reform commission or the military suitability and appeal reform commission may extend this period by a maximum of twelve months, up to a maximum of sixty months, in the following cases:
1° for the member suffering from a condition for which there are sufficient possible healing indices;
2° for the member with severe and long-term illness.
Serious and long-term diseases mean only long-term chronic, somatic or physical diseases."
Art. 88. In the title of subsection 3 of section 8 of chapter I^er Title III of the same law, the word "operational" is replaced by the words "aptitude".
Art. 89. Section 69 of the Act is replaced by the following:
"Art. 69. Membership in a fitness class is determined annually, and for the first time, after the instruction period.
Membership in a fitness class is determined on the date of 1^er January of one year and, with regard to professional and physical fitness, is determined for the duration of this year.
The member belongs to one of the following aptitude categories: A, B, C or D.
For a given year, the member belongs to aptitude category A, however:
1° that on December 31 of the previous year, he obtained at least one mention "sufficient" on the occasion of his last two job ratings;
2° and as of December 31 of the previous year, it met the required fitness criteria;
3° and that it meets the medical fitness criteria to be engaged in the function and, if applicable, the annexed function it performs.
For a given year, the member belongs to the qualification category B, however:
1° that on the 31st of December of the previous year, he obtained a "sufficient" mention on the occasion of his last job evaluation and that he obtained a "sufficient" mention on the occasion of his last job appraisal;
2° or as of December 31 of the previous year, it did not meet the required fitness criteria;
3° or that, on the basis of the decision of an authority that the King fixes, he cannot, for medical reasons for a cumulative period of more than one month and less than one year:
(a) exercise without limitation its function or, where appropriate, its annexed function;
(b) or be engaged in any of the subheadings referred to in section 190, 3°, 4° or 6°.
For a given year, the member belongs to aptitude category C:
1° if on December 31 of the previous year, he obtained for the first time a mention "insufficient" and this on the occasion of the last evaluation of the position;
2° or if, as at December 31 of the previous year, it belonged to Fitness Category B in accordance with paragraph 5, 2°, and as at December 31 of the previous year, it still did not meet the required fitness criteria;
3° or that, on the basis of the decision of an authority that the King fixes, he cannot, for medical reasons for a cumulative period of more than one year:
(a) exercise without limitation its function or, where appropriate, its annexed function;
(b) or be engaged in any of the subheadings referred to in Article 190, 3°, 4° or 6°;
4° or if a procedure for appearing before the Military Fitness and Reform Commission is initiated with respect to the member concerned.
For a given year, the member belongs to aptitude category D:
1° if on December 31 of the previous year, he obtained two "insufficient" mentions on the occasion of his last two job ratings;
2° or if, as at December 31 of the previous year, it belonged to Fitness C in accordance with paragraph 6, 2°, and at the above-mentioned date of the previous year, it has still not met the required fitness criteria;
3° or if it exceeds the period of absence for health reasons referred to in Article 68, § 3, paragraph 6.
The head of body must commence the procedure for appearing before the Military Fitness and Reform Commission in respect of the member who for a period of thirty-six consecutive months did not meet the criteria for medical fitness for twenty-four months to be employed in the position and, where applicable, the annexed function that he exercises.
However, the member for whom a trial procedure is commenced before the military suit of suitability and reform or the military suit of suitability and appeal reform cannot pass into the "class of aptitude D" before the closing of this procedure.
Periods of possible incapacity related to maternal and parental protection are not taken into consideration in calculating the above-mentioned maximum time limits.
After an absence for health reasons, the member may, as far as the service permits, be authorized by the occupational prevention and medical advisor, competent for the unit of the member concerned, to work half-time for medical reasons. Periods for which a member with such an authorization is absent shall be counted in the period referred to in paragraph 7, 3°. The authorization to work half-time for medical reasons cannot be granted for more than six months during the period during which the member suffers from the same condition. ".
Art. 90. Section 70 of the Act is replaced by the following:
"Art. 70. A member of the fitness category C because he or she does not meet the physical fitness criteria or the medical fitness criteria required for the performance of a specified function must, in order to be transferred to his or her application or ex officio, to another function, if applicable in another industry, on the day of his or her transfer, meet the physical fitness criteria and medical fitness criteria for the performance of his or her new function.
A member who meets the conditions referred to in paragraph 1^er is temporarily transferred to its new position and is, where appropriate, provisionally incorporated in its new business line.
In order to be able to be transferred definitively to another function, and if necessary in another industry, the member must:
1°, if applicable, having successfully completed the training related to its new function and established in a regulation by the Minister;
2° having received for his evaluation of the position of his new function, at least a final mention "sufficient".
The King sets out the terms of this transfer.".
Art. 91. Section 71 of the Act is replaced by the following:
"Art. 71. The member who belongs to the suitability category D may lose the quality of the military.
The quality loss is pronounced by the minister. However, for officers, the measure is pronounced by the King on the basis of the Minister's reasoned opinion.
Where the member concerned has filed an appeal with the appeal proceeding referred to in section 178/2, the loss of quality shall be pronounced by the King or the Minister on reasoned notice of the appeal proceeding."
Art. 92. Section 72 of the Act is replaced by the following:
"Art. 72. A member who is a member of the Fitness D class may, by a decision of the Minister or the appeal proceeding referred to in section 178/2, retain the quality of a member for a period of:
1-2 years, if the member concerned has completed less than eight years of active service;
2° 3 years, if the member concerned has completed at least eight years of active service."
Art. 93. Section III, chapter I^er, section 8, subsection 3, of the Act, a section 72/1 is inserted as follows:
"Art. 72/1. A member who, at the end of the period referred to in section 72, continues to be a member of the Fitness Category D, may, as the case may be:
1° lose the quality of the military in accordance with Article 71;
2° by decision of the Minister or the appeal proceeding referred to in section 178/2, re-establish the quality of the member for a period identical to that referred to in section 72."
Art. 94. At the same subsection 3, an article 72/2 is inserted as follows:
"Art. 72/2. Without prejudice to the application of sections 72 and 72/1, a member who belongs to the category of discretion D and who is at five years or less of the date of his retirement may, by a decision of the Minister or the appeal proceeding referred to in section 178/2, retain the quality of a member until his retirement, provided that he has obtained at least the "sufficient" position at the time of his or her last two ratings. ".
Art. 95. At the same subsection 3, an article 72/3 is inserted as follows:
"Art. 72/3. Perd of the right military quality:
1° the member who, at the end of the period referred to in section 72/1, 2°, continues to belong to the qualification category D;
2° the member referred to in Article 72/2 who obtains the mention "insufficient" in a subsequent post assessment. ".
Art. 96. At the same subsection 3, an article 72/4 is inserted as follows:
"Art. 72/4. The provisions of this subsection do not apply to military candidates.
However, a military candidate who no longer has the required professional, physical or material qualities or who no longer meets the medical fitness criteria for the continuation of his or her basic training, shall be considered as a qualification B pending the decision of the commission or competent authority. ".
Art. 97. At the same subsection 3, an article 72/5 is inserted as follows:
"Art. 72/5. In derogation from the conditions referred to in section 163/1, a member who no longer meets the physical fitness criteria or the medical fitness criteria required for the performance of a specified function, and who cannot be transferred to another function, may be granted one month of service exemption and the information phase of the professional conversion referred to in section 165.
In order to benefit from the above measures, the member concerned must:
1° having obtained at least the mention "sufficient" during its last two job evaluations;
2° in the event of physical incapacity, having seized the appeal instance referred to in section 178/2.".
Art. 98. In section 73 of the Act, the following amendments are made:
1° paragraph 2 is replaced by the following:
"These assessments must be used for a social promotion referred to in Article 114. ";
2° in paragraph 3, the 2° is replaced by the following:
"2° a promotion;"
3° Paragraph 3 is supplemented by the 3° written as follows:
"3° taking statutory measures referred to in articles 54 to 59."
Art. 99. Section 74 of the Act is supplemented by two paragraphs written as follows:
"Because of his special duties, the military commander of the Palais de la Nation is not involved in the tests imposed for the advancement.
However, in the event that it is re-established in the Armed Forces' substantive frameworks, the officer concerned will retain the rank(s) obtained by commission during his off-frame position only if he has satisfied the conditions required by applicable laws and instructions. ".
Art. 100. Section 75 of the Act is replaced by the following:
"Art. 75. § 1^er. In exceptional cases, an officer or non-commissioned officer may be commissioned in a precarious manner to exercise the employment of a higher rank in his or her category of staff or for the performance of duties in international organizations or in interallied military formations.
In exceptional cases, the King may confer by commission the rank of Brigadier General or flotilla Admiral for the exercise of functions in Belgian representations abroad, in international organizations, in interallied military formations, and for the exercise of national functions of an international character.
The rank of Brigadier General or flotilla Admiral is hierarchically below the rank of General Staff or Division Admiral.
For the commission referred to in paragraph 1^er of officers, and paragraph 2 of Brigadier General or flotilla Admiral, the commission order and the report to the King are published in the Belgian Monitor.
The commission for the exercise of higher grade employment expires on the date on which the Minister decides that the mission is terminated.
§ 2. The King may confer, by commission, the rank of general or admiral for the exercise of the following jobs:
1st Chief Military House of the King;
2nd Chief of Defence.
This rank may also be conferred by commission for the exercise of functions in international organizations or in interallied military formations.
The rank of general or Admiral is hierarchically immediately superior to the rank of lieutenant-general or vice-miral.
§ 3. The commissioned member shall perform the duties of the rank to which he is commissioned and bear the insignia.
However, only the grade to which the member is appointed is considered for the purposes of this Act.
The member who was commissioned at a grade retains that rank in an honorary capacity when he is placed on board at the end of the period in which he exercised the duties that required his commission. ".
Art. 101. In section 76 of the Act, paragraph 1^er is replaced by the following:
"The King designates, by order deliberately in the Council of Ministers, the general officer who exercises the employment of chief of defence. ".
Art. 102. Section 77 of the Act is supplemented by the words "or admiral".
Art. 103. In the same Act, an article 77/1 is inserted as follows:
"Art. 77/1. Under the terms and procedure established by the King for each of the categories concerned, military personnel and candidates participating in the air service shall be classified as:
1° the patented airship personnel;
2° the personnel navigating patented reserve;
3° the staff navigating student;
4° certified navigating personnel.
Military personnel and military candidates are suspended or removed from these categories by the Minister on the advice of the advisory bodies to which the King sets out the concrete composition and procedure to be followed. ".
Art. 104. In the same Act, an article 77/2 is inserted as follows:
"Art. 77/2. When the army is mobilized, the King may suspend the application of articles 39, § 1^er, 64/2, § 1^erand § 3, paragraph 2, 75, § 1^erParagraph 5, 84/1, subparagraph 1^er, 139/1, paragraph 2, and 139/2, paragraph 2.
Art. 105. In title III, chapter I^erin the same Act, the title of section 10 is repealed.
Art. 106. Section 78 of the Act is repealed.
Art. 107. In the title of Chapter II of Title III of the Act, the word "initial" is repealed.
Art. 108. Section 79 of the Act is replaced by the following:
"Art. 79. § 1^er. Military candidates referred to in Article 3, 13°, (a), and Article 87, paragraph 1^er, serve under successive commitments and commitments.
§ 2. The King shall determine the terms and conditions to enter into an undertaking referred to in Article 87, paragraph 1^eror a rengagement as a military candidate.
§ 3. The King sets out the number of commitments and appointments and their duration, depending on the duration of the training it sets by type of training and by category of personnel. However, the duration of these commitments may not be less than two years.
§ 4. The undertaking referred to in section 87, paragraph 1^er, takes course by signing the act on the day the military candidate begins his training.
This act terminates, in full and on the date of the act, any prior undertaking or undertaking.
The rengagement takes place at the expiry of the commitment.".
Art. 109. In the same Act, an article 79/1 is inserted as follows:
"Art. 79/1. The engagement or re-engagement of a military candidate referred to in Article 3, 13°, (a), and Article 87, paragraph 1^er, may only be terminated in the following cases:
1° by placing the pension on account of final physical incapacity for any military service;
2° by right-wing termination following the loss of the quality of military candidate;
3° by ex officio termination in the manner and procedure established by the King;
4° by termination on request according to the terms fixed by the King.".
Art. 110. Section 80 of the Act is replaced by the following:
"Art. 80. Each military candidate referred to in Article 3, 13°, (a), shall, upon admission, be entitled to the rank of soldier.
In order to be commissioned to other grades, the military candidate must have passed the previous training period or the previous part of the training period.
In cases determined by the King, the military candidate retains the rank in which he was appointed or commissioned at the time of his admission. ".
Art. 111. Section 81 of the Act is replaced by the following:
"Art. 81. § 1^er. Depending on the category of personnel for which it is trained, the military candidate referred to in Article 3, 13°, (a), may be commissioned to one or more of the following grades in the following hierarchical order:
1° the candidate officer:
(a) corporal or master quarter;
(b) Sergeant or second master;
(c) the principal or chief master;
(d) sublieutenant or second-class vessel sign;
(e) Captain or vessel lieutenant;
2° the non-commissioned candidate:
(a) corporal or master quarter;
(b) Sergeant or second master;
(c) First Staff Sergeant or First Master.
3° the volunteer candidate: first soldier or first sailor.
These grades correspond to the ranks of career soldiers.
The King regulates the terms and conditions of the granting of these commissions, as well as their withdrawal in the cases referred to in Article 81/6.
Commission to grades referred to in paragraph 1^er the candidate who is reinstated under section 107, paragraph 3, and who has not been delayed in his or her training cycle for another reason than the loss of the candidate status under section 21/1, paragraph 1^er, 9°, takes effect on the same date as that of the candidates of its original promotion who did not incur delay in the training cycle.
A candidate who, pursuant to section 108, paragraph 2, is attached to a subsequent promotion of candidates of the same quality retains the grade to which he was commissioned. Without prejudice to the application of paragraph 4, however, it follows the fate of the other candidates of its new promotion for subsequent commissions.
§ 2. The candidate officer may not be commissioned to the rank of deputy lieutenant if he has not passed the language examination on the effective knowledge of the second national language referred to in Article 3 of the Act of 30 July 1938 concerning the use of the languages to the army, and the non-commissioned candidate may not be commissioned to the rank of sergeant if he has not shown the effective knowledge of the language of the unit in which he or she will be called to
For the candidate officer of the lateral recruitment, the effective knowledge of the second national language is required only for the appointment to the rank of major, for which the candidate officer concerned must have passed the language examination referred to in Article 5, § 1^erof the Act of 30 July 1938 referred to above, or possess the in-depth knowledge of the language within the meaning of section 7 of that Act. When the candidate is required to represent the examination in accordance with section 6 of the Act, his or her application period shall be extended by the necessary time.
§ 3. Military candidates of the same promotion who participated in the same examinations are commissioned on the same date.
The military candidate who passes a screening exam or succeeds after adjournment, is commissioned with effect on the first day of the month following the successful completion of the screening exam or the success after adjournment.
However, the military candidate is commissioned to the rank of, as the case may be, master or deputy lieutenant for the candidate officer or sergeant for the non-commissioned candidate, on the day set out in section 82, of the last month of the quarter during which the examination was successfully presented or during which the success after adjournment took place. ".
Art. 112. In the same Act, an article 81/1 is inserted as follows:
"Art. 81/1. The military candidate referred to in Article 3, 13°, (b), may be commissioned in a higher grade of his or her class of staff or in the grade in which he or she may be appointed at the end of his basic training in accordance with the terms and conditions fixed by the King. ".
Art. 113. In the same Act, an article 81/2 is inserted as follows:
"Art. 81/2. The military candidate referred to in Article 3, 13°, (a), may be appointed at the lowest grade, as the case may be, of officer, non-commissioned officer or career volunteer, if any with retroactive effect, on the date fixed by the King.
However, by derogation from section 64/2, the candidate for level A for lateral and special recruitment and the non-commissioned career candidate for level B for special recruitment may be appointed:
1° to the rank of major, for the candidate officer level A of lateral recruitment;
2° to the rank of lieutenant, for the candidate officer level A of special recruitment;
3° to the rank of first sergeant-major, for the non-commissioned candidate at level B of special recruitment.".
Art. 114. In the same law, an article 81/3 is inserted as follows:
"Art. 81/3. When the individual has not completed his or her basic training within the specified time limit or when he or she has suffered a loss of seniority under his or her status, the date of his or her appointment is fixed taking into account the additional time required to complete the training, or the loss of seniority suffered.
However, this provision is not applicable where the delay during the basic training cycle is found to originate, as the case may be:
1° in an accident or illness following a fact related to the service;
2° following inconveniences that have a direct impact on the course of the basic training cycle concerned;
3° as a result of loss of candidate status referred to in 21/1, paragraph 1^er9°. ".
Art. 115. In the same Act, an article 81/4 is inserted as follows:
"Art. 81/4. Sections 81/2 and 81/3 do not apply to a military candidate who has been authorized to attend another basic training under section 106.
The individual follows in this case the fate of the military candidates who follow the same basic training.".
Art. 116. In the same law, an article 81/5 is inserted as follows:
"Art. 81/5. The commissions shall be granted in full right to the date determined in this Act, except:
1° the commission to the rank of captain and lieutenant who is granted by the King;
2° the commission of the non-commissioned candidate to the rank of sergeant granted by the authority that the King designates;
3° the commission of the volunteer candidate to the rank of first soldier who is granted by the authority that the King designates.
If the nomination periods are not normal, the dates of the commissions shall be adjusted in accordance with the Commissions regime set out in this section."
Art. 117. In the same law, an article 81/6 is inserted as follows:
"Art. 81/6. The commission shall be withdrawn in full right from the military candidate who:
1° loses the quality of a military candidate;
2° is reclassified to another quality in accordance with Article 106;
3° is reintegrated into another quality in accordance with Article 107;
4° to its application is redirected in another quality in accordance with Article 105, paragraph 2.
Military candidate referred to in paragraph 1^er, 2°, 3° and 4°, follows for its subsequent commissions the fate of the other military candidates of its new promotion.
The military candidate reclassified in the same quality and the military candidate attached to a further promotion of military candidates of the same quality in accordance with Article 97/1, § 3, 3°, retain the rank to which they were commissioned. They follow the fate of the other military candidates of their new promotion for the subsequent commissions. ".
Art. 118. Section 82 of the Act is replaced by the following:
"Art. 82. § 1^er. Quarry candidate of level A of normal recruitment who was recruited according to the provisions of Article 5, § 1^er, 1°, is commissioned at the rank of:
1° corporal, 1^er October of the first year of training;
2° Sergeant, 1^er March of the first year of training;
3° adjutant, 1^er September of the second year of training;
4° sub-lieutenant, on September 26 of the fourth year of training, provided that he is a graduate of the first cycle of his academic training.
§ 2. The candidate for special recruitment level A career officer who was recruited according to the provisions of Article 5, § 2, paragraph 1^er, 1°, is commissioned :
1° if a master or equivalent degree or certificate is obtained after a university cycle or equivalent of at least six years:
(a) the rank of sergeant on the first day of the first month following the month of entry into service;
(b) to the rank of an officer on the first day of the fourth month following the month of entry into service;
(c) to the rank of lieutenant on the twenty-sixth day of the sixth month following the month of entry into service;
2° if a master or equivalent degree or certificate is obtained after a university cycle or equivalent of not more than five years:
(a) the rank of corporal at the end of the military initiation phase;
(b) the rank of sergeant on the first day of the fourth month following the month of entry into service;
(c) to the rank of an officer on the first day of the sixth month following the month of entry into service;
(d) to the rank of sub-lieutenant on the twenty-sixth day of the twelfth month following the month of entry into service.
§ 3. The A-level career candidate reclassified as a B-level career officer, is ranked as:
1° corporal, the first day of the sixth month following the month of entry into service;
2° Sergeant, the first day of the twelfth month following the month of entry into service;
3° adjutant, the first day of the fifteenth month following the month of entry into service;
4th lieutenant, on the twenty-seventh day of the thirty-seventh month following the month of entry into service;
The Level A Career Officer candidate who was reclassified as a Level B Career Officer candidate is, on the day of his reclassification, commissioned to the grade of which he was applied as a Level A Career Officer candidate. However, for subsequent commissions, he follows the fate of the other candidates for his new promotion.
§ 4. The candidate career officer of level B of special recruitment who was recruited according to the provisions of Article 5, § 2, paragraph 1^er, 2°, is commissioned at the rank of:
1° corporal, at the end of the military initiation phase;
2° Sergeant, the first day of the fourth month following the month of entry into service;
3° adjutant, the first day of the sixth month following the month of entry into service;
4° second lieutenant, on the twenty-sixth day of the twelfth month following the month of entry into service.
§ 5. The non-commissioned career candidate of level B of normal recruitment who was recruited according to the provisions of Article 5, § 1^er, 2°, is commissioned at the rank of:
1° corporal, on the twenty-sixth day of the second month following the month of entry into service;
2° Sergeant, the twenty-sixth day of the sixth month following the month of entry into service.
§ 6. The non-commissioned career candidate at level B of special recruitment who has been recruited according to the provisions of Article 5, § 2, paragraph 1^er3°, is commissioned at the grade of:
1° corporal, at the end of the military initiation phase;
2° Sergeant, the twenty-sixth day of the third month following the month of entry into service.
§ 7. The non-commissioned career candidate at level C of normal recruitment who was recruited according to the provisions of Article 5, § 1^er3°, is commissioned at the grade of:
1° corporal, on the twenty-sixth day of the third month following the month of entry into service;
2° Sergeant, the twenty-sixth day of the sixth month following the month of entry into service.
§ 8. The volunteer candidate who was recruited according to the provisions of Article 5, § 1^er, 4°, is commissioned to the rank of first soldier on the first day of the month following the end of the first year of training, if it has passed the specialized vocational training phase.
§ 9. The candidate for a career officer of level A of lateral recruitment who was recruited according to the provisions of section 5, § 3, is commissioned in the rank of captain at the end of the military initiation phase.
§ 10. Subject to the application of Article 81, § 2, paragraph 2, the candidate officer or non-commissioned officer of the complementary recruitment shall, when he or she begins his training, be charged to the same rank as the candidate of the promotion to which he or she is attached. For the subsequent commissions, it follows the fate of candidates for normal recruitment of its promotion. ".
Art. 119. Section 83 of the Act is replaced by the following:
"Art. 83. However, the commissions referred to in Article 82 may take place at a later date under the provisions referred to in Article 81.".
Art. 120. In the same Act, an article 83/1 is inserted as follows:
"Art. 83/1. § 1^er. Are appointed to the rank of, as the case may be, deputy lieutenant, first sergeant, sergeant or first soldier, and are admitted as, as the case may be, officer, non-commissioned officer or volunteer in the active position as a career member on the twenty-sixth day of the last month of the quarter in which the basic training was successfully completed:
1° Military career candidates for normal and complementary recruitment;
2° the candidates career officers of level B of special recruitment.
These appointments are granted:
1° by the King for the appointment to the rank of sublieutenant;
2° by the Minister for the appointment of first sergeant or sergeant;
3° by the authority that the King designates, for the appointment to the rank of first soldier.
§ 2. Except for the military candidate who has obtained an extension of his or her basic training for professional reasons, whose retroactivity is diminished from the duration of the extension, the effect of the appointment takes place with retroactive effect:
1° for the candidate career officer of level A of normal and complementary recruitment and for the candidate career officer of level B of special recruitment, up to the day of the commission at the rank of deputy lieutenant of the military candidates of promotion who have not incurred a delay, except pursuant to section 4, paragraph 4, of the law of 30 July 1938 concerning the use of languages in the army;
2° for the non-commissioned career candidate at level C of normal recruitment up to one and a half year after the date of commission at the rank of sergeant;
3° for the volunteer career candidate, until the twenty-sixth day of the last month of the quarter in which he was commissioned to the rank of first soldier.
§ 3. The A-level career nominee for lateral or special recruitment and the B-level non-commissioned candidate for special recruitment are appointed and admitted to active recruitment on the twenty-sixth day of the last month of the quarter in which the basic training was successfully completed, as the case may be:
1° by the King, in the rank of:
(a) Major for lateral recruitment;
(b) Lieutenant, for special recruitment;
2° by the minister, to the rank of first sergeant-major.
The appointment of military candidates referred to in paragraph 1 shall take effect on the same date as that of military candidates for their reference promotion.
§ 4. The reference promotion of the candidate career officer at level A and the non-commissioned career candidate at level B of the special recruitment who conducted a normal course of study during his or her graduate studies in order to obtain the degree for which he or she is recruited is the promotion of the military candidate who, simultaneously:
1°:
(a) for the candidate career officer of level A of special recruitment, began basic training in the Faculty of Social and Military Sciences of the Royal Military School in the same academic year as that in which the military candidate concerned of special recruitment began his or her graduate studies of the diploma required for special recruitment;
(b) for the non-commissioned career candidate at level B of special recruitment, commenced the basic training of career non-commissioned candidates in the same training year as that in which the military candidate concerned for special recruitment began his or her higher education on the qualification required for special recruitment;
2° has conducted a normal nomination period as a military candidate.
The reference promotion of the military candidate who has not conducted a normal course of study, who has not conducted a normal period of application as a military candidate or who has not been admitted as a candidate immediately after his or her higher education, is calculated on the basis of the reference promotion referred to in paragraph 1^ertaking into account delays.
§ 5. The promotion of the reference of the candidate career officer of level A of the lateral recruitment who has conducted a normal course of study during his or her graduate studies in order to obtain the degree for which he or she is recruited is the promotion of the candidate officer who simultaneously:
1° started the basic training as a career candidate for normal recruitment in the same academic year as that in which the military candidate concerned for lateral recruitment began his graduate studies relating to the degree required for lateral recruitment;
2° has conducted a normal nomination period as a military candidate.
The reference promotion of the military candidate who has not conducted a normal course of study or has not conducted a normal period of application as a military candidate is calculated on the basis of the reference promotion referred to in paragraph 1^ertaking into account delays.
However, it is not taken into account in setting the reference promotion of a professional experience greater than five years in the area required during recruitment.
The relative seniority of Grade A career officers in lateral recruitment is determined based on the professional experience they could justify at the time of recruitment. ".
Art. 121. In the same Act, an article 83/2 is inserted as follows:
"Art. 83/2. § 1^er. Quarry candidates of level A whose appointment, or commission takes effect on the same day, are classified in their professions in the following order:
1° the candidates officers of the normal and complementary recruitment in the following order:
(a) Officers of the College of Polytechnics of the Royal Military School;
(b) Officers of the Faculty of Social and Military Sciences of the Royal Military School;
(c) candidates for medical, dental, veterinary or pharmacist officers;
(d) nominees officers of a higher industrial institute;
(e) Officer candidates from the High School of Navigation;
2° candidates for special recruitment;
3° the candidates officers of the lateral recruitment.
Quarry non-commissioned candidates, including the appointment, or the commission takes effect on the same day, are placed in the following order:
1° the non-commissioned candidates at level B of normal recruitment;
2° the non-commissioned candidates at level C of normal recruitment;
3° the non-commissioned candidates at level B of special recruitment.
§ 2. The classification of candidates for career officers and non-commissioned career candidates whose appointments or commissions take effect on the same day and who have not participated in the same examinations which are taken into account in the classification referred to in article 93, § 2, is defined by a single classification. This is established in each of the groups referred to in § 1^er based on the various classifications referred to in Article 93, § 2. Officers or non-commissioned officers who have presented different examinations alternate in this classification proportionally to their number.
However, such a classification may not result in the classification, as the case may be, of an officer or non-commissioned officer before another officer or non-commissioned officer, whose examination mark is greater than ten per cent of the total points.
§ 3. The military candidate who follows all or part of his basic training in a foreign military establishment or in a civil establishment, in Belgium or abroad, other than the establishment in which the basic training is normally provided, is classified by the authority that the King designates, as the case may be, before, after or according to the interpolation rules that it determines, among the military candidates whose basic training is recognized as equivalent.
Decision on how to rank referred to in paragraph 1^er is taken before the interested party initiates this basic training or part of the basic training.".
Art. 122. Section 84 of the Act is replaced by the following:
"Art. 84. § 1^er. Subject to the provisions relating to the appointment and commission of military candidates in accordance with sections 82 and 83/1, the ranks of junior officer, junior non-commissioned officer, elite non-commissioned officer and volunteer shall be conferred on the seniority respectively to officers, non-commissioned officers and volunteers meeting the conditions referred to, as the case may be, in sections 64/2, 65 and 84/1.
However, the member referred to in paragraph 1^er, in which the manner of service is not deemed satisfactory or, where appropriate, an officer or non-commissioned officer who is not deemed fit to perform the duties of the higher grade may be exceeded in advance.
The way of serving the military is appreciated by their hierarchical leaders according to the rules established by the King and in the form that He prescribes.
These opinions are brought to the attention of the interested party. No unfavourable notice may be issued without the member concerned being able to submit his or her justifications.
When assessing, it is taken into account:
1° of the post evaluations referred to in section 66;
2° where applicable, estimates of the potential referred to in section 67;
3° of the assessment of the aptitudes referred to in Article 68.
§ 2. How to serve and, where appropriate, the suitability of the member referred to in paragraph 1^er, paragraph 2, shall be considered a second time one year after the date of the first examination or, by agreement of the member concerned, within the year of active service that follows the date of the first examination and a third and last two years after the date of the first examination or, by agreement of the member concerned, within the second year of active service that follows the date of the first examination.
The member who was not promoted after the last examination no longer participates in the advancement.
Derogation from the provisions of subparagraphs 1^er and 2, at the request of the member concerned, the manner in which to serve and, where appropriate, the suitability of the member may be reviewed after five years of active service have elapsed after the last review of paragraph 1^er".
Art. 123. In the same Act, an article 84/1 is inserted as follows:
"Art. 84/1. No C-level officer may be appointed to the rank of First Staff if:
1° did not follow with fruit the refresher courses referred to in Article 112, paragraph 1^er, 1° ;
2° did not pass the accession test at the rank of first sergeant-major.
The King sets out the nature of this trial and the conditions that must be fulfilled in order to participate in it.
Level C non-commissioned officer who has not met the conditions referred to in paragraph 1^er, or who has renounced the participation in the above-mentioned training courses or the above-mentioned test, is appointed to the rank of first chief sergeant if he has the seniority in the rank of first sergeant fixed by the King.
Level C non-commissioned officer who met the requirements of paragraph 1^er is not appointed to the rank of first Chief Sergeant prior to his appointment to the rank of First Staff Sergeant."
Art. 124. Section 85 of the Act is repealed.
Art. 125. Section 86 of the Act is repealed.
Art. 126. In Title III, Chapter II, of the same Act, a section 2 is inserted between former section 86 and section 87, entitled:
"Section 2. - The application period."
Art. 127. In Title III, Chapter II, of the Act, a sub-section 1^re is inserted between former article 86 and article 87, entitled:
"Subsection 1^re. - General.
Art. 128. Section 87 of the Act is replaced by the following:
"Art. 87. An auxiliary officer who is removed as a member of the personnel navigating patented for medical incapacity in the air service or for professional incapacity in the air service may, at his request, be admitted to training for his admission as an officer of level B in the limited-term career, provided that he signs an act by which he undertakes to remain in service for a period, expressed in a number of years, which corresponds to the King's duration The candidate concerned receives a copy of the undertaking he has signed.
An auxiliary officer who has been admitted to training to be admitted as an officer of Level B in the limited-term career is commissioned in the rank to which he was appointed as an auxiliary officer.
When he successfully completed his training, he is admitted as a Level B officer in the limited career, with his rank and seniority in this rank, reduced by one year.
A pilot auxiliary officer who has permanently failed or is removed from a category of airborne personnel and an auxiliary air traffic controller candidate who has permanently failed may, at his request, be eligible for a new training as a non-commissioned member of the Armed Forces and upon a decision of the authority that the King designates, obtain the authorization to undergo a new training as a non-commissioned career candidate at level C. The authority makes its decision on the basis of:
1° of the training parts already followed;
2° of the candidate's medical fitness;
3° of the required security clearance.
The commission at the rank of the candidate pilot auxiliary officer or candidate air traffic control auxiliary officer who has obtained the authorization to undergo a new training as a C-level career non-commissioned candidate is withdrawn in full right. The candidate follows the fate of the other candidates of his new promotion for the following commissions.
The C-level career non-commissioned candidate may be exempted from all or part of the training period if he or she has previously successfully completed an equivalent training as a pilot auxiliary officer or an air traffic auxiliary officer.
Unless otherwise provided, junior officer candidates who have been authorized to attend a new level C non-commissioned career training are considered as military candidates referred to in article 3, 13°, (a). ".
Art. 129. In Title III, Chapter II, of the Act, the title of Section 2 is repealed.
Art. 130. In section 2 old, chapter II of title III, of the same law, the title of subsection 1^re is repealed.
Art. 131. Section 88 of the Act is replaced by the following:
"Art. 88. The basic training referred to in Article 3, 39°, referred to as the basic training cycle, shall consist, as the case may be, of one or more of the following training periods:
1° a period of education;
2° a period of instruction;
3° a period of probation;
4° an evaluation period.
During the internship and evaluation periods, the military candidate carries out activities belonging to all the tasks of the function for which he was trained.
Based on the periods referred to in paragraph 1^er, the King sets out the basic training structure of each military candidate, by category of personnel, by type of training and, if applicable, by trades, according to the needs of the forces and the final objective of this training.
The military candidate can only begin a training period if he has completed the previous training period.
However:
1° a military candidate who, following a failure for a specified training period, awaits the decision of the deliberation or assessment board referred to in section 101 or of the appeal proceeding referred to in section 178/2, shall participate provisionally in the following training period;
2° of the parts of the period of instruction may interrupt the period of education, the period of training and the period of evaluation.
If required by the organization of the various parts of the basic training, the military candidate may be placed on a waiting stage during the training before entering the next part of the basic training cycle.
During the waiting period, the military candidate carries out activities that rely on his or her future function or function as close as possible, in order to integrate him or her into his or her future work environment and to initiate him or her to his or her future function.
However, if it has not yet received any instruction or if the circumstances do not permit the application of the preceding paragraph, it is placed in a waiting period and carries out other activities that relate to its future function or function as close as possible, or another basic training.
The duration of the basic training cycle may be extended by the authority that the King designates on the basis of a waiting period or an imposed waiting period. Commissions and appointments, however, take effect on the scheduled dates for military candidates who did not delay in the basic training cycle.
During a waiting period or a waiting period, the candidate's professional and material qualities are not appreciated.
The authority designated by the King determines the additional rules applicable to the military candidate during the internship or waiting period. ".
Art. 132. Section 89 of the Act is replaced by the following:
"Art. 89. The military candidate may be required to receive all or part of his basic training in a foreign or multinational military establishment, or in a civil establishment in Belgium or abroad.
The King shall determine the authority which shall determine the equivalence of the formations referred to in paragraph 1^er which sets out to what extent the different qualities of military candidates are appreciated.
If a portion of the basic training cycle is followed in an institution referred to in paragraph 1^er, it is taken into account, for this part, the regime of this institution with respect to the granting of an exemption or adjournment, the professional appreciation, the organization and operation of the deliberation commission and the measures to be taken by that commission. Appreciation of physical and material qualities may be limited to certain periods of basic training.".
Art. 133. Section 90 of the Act is repealed.
Art. 134. Section 91 of the Act is replaced by the following:
"Art. 91. For the purposes of this section, the military candidate is "in service" when in active service or non-activity. ".
Art. 135. Section 92 of the Act is replaced by the following:
"Art. 92. Under the conditions and in accordance with the procedure established by the King, the military candidate may be exempted by the authority he designates, from basic training parties or courses if he has previously successfully completed these basic training parts, courses or parts of basic training or equivalent courses. ".
Art. 136. Section 93 of the Act is replaced by the following:
"Art. 93. § 1^er. The classification of military candidates is used:
1° for orientation to a business sector;
2° possibly, for the designation of a unit:
(a) At the end of the basic training cycle, for career candidates for normal recruitment and complementary recruitment;
(b) at the end of the training period or part of that period for special recruitment career candidates;
(c) at the end of the training period for level B career officer candidates;
(d) at the end of the instruction period or part of that period for non-commissioned candidates;
3° for fixing relative seniority in grade.
§ 2. The classification of military candidates is based on all the results obtained during the whole or part already followed by the basic training cycle during the evaluation:
1° professional qualities;
2° of material qualities;
3° physical qualities.
§ 3. The coefficient of importance of the qualities referred to in § 2 for classification is set out in a regulation made by the Minister by basic training cycle and, where applicable, by training period or part of training period.
§ 4. When the military candidate has undergone a screening examination, only the results obtained during the first examination are considered for the classification.
§ 5. When a military candidate is exempted from part of the basic training, the competent authority to grant the exemption decides, as the basic training previously successfully followed and the rating were identical or not:
1° to resume the previous result, if any, with a conversion according to the total of the points of the rating in the current formation of the military candidate;
2° not to use the previous result and to calculate the total points of the military candidate based on the results obtained in the remaining parts of the training or training period."
Art. 137. Section 94 of the Act is replaced by the following:
"Art. 94. § 1^er. A military candidate applies the circumstance leave regime applicable to career members below the rank of officer.
During school and training periods, the military candidate is granted leave in the training program.
However, without prejudice to the adjournment provisions, the military candidate follows during the probation or assessment period, as well as during the waiting period or internship, the leave and service dispensation scheme of the category of career military personnel for which he is a candidate.
§ 2. In addition to the normal hours of studies in the training program, additional educational assistance measures may be imposed when the results of the military candidate's studies are insufficient.
The rules regarding these educational assistance measures, which do not have the character of disciplinary punishment, are set out in a regulation approved by the Minister. ".
Art. 138. Section 95 of the Act is replaced by the following:
"Art. 95. As long as these provisions are not inconsistent with the provisions of this section and provided that the regulatory provisions are not inconsistent with the regulatory provisions of this section, all legislative and regulatory provisions relating to the status of career officers, career non-commissioned officers or career volunteers are applicable to military candidates, according to the category of personnel for which they are trained.
The statutory and regulatory provisions applicable to career soldiers for temporary withdrawal of employment for personal convenience, parental protection and temporary withdrawal of employment for family reasons are not applicable to military candidates.
The statutory and regulatory provisions applicable to career soldiers in respect of preventive detention, suspension by order and temporary withdrawal of employment by disciplinary measure apply to military candidates.
The provisions of the coordinated military pension laws apply to military candidates. ".
Art. 139. Section 96 of the Act is replaced by the following:
"Art. 96. § 1^er. Depending on the basic training referred to in section 88, paragraph 3, the King sets out the nature of the courses, the probation or evaluation periods to be followed, the possible internship reports to be submitted and the criteria for success to be met in order to succeed in the training.
§ 2. Throughout the basic training, the candidate must:
1° possess the required professional and material qualities, as well as the physical qualities required in the physical condition;
2° possess the required medical fitness;
3° justifying the moral qualities referred to in Article 11.
§ 3. In the event that moments of appreciation are spaced less than three months, only the last assessment is made for the period under review. ".
Art. 140. Section 97 of the Act is replaced by the following:
"Art. 97. § 1^er. During a period of education or training, the evaluation of professional qualities is based on the results obtained for the elements of this training period.
During an internship or evaluation period, the assessment of professional qualities is to verify the extent to which the military candidate is able to independently perform the tasks entrusted to him, as the case may be, as an officer, non-commissioned officer or volunteer. This evaluation is expressed by one of the following: "insufficient", "sufficient" or "good".
§ 2. The professional qualities of any military candidate are appreciated, if any, at least:
1° during school training, at the end of each year of training and at the end of school training;
2° during the period of instruction, once a year of training and at the end of the period of instruction;
3° during the internship period, once a year of training and at the end of the internship period;
4° during the evaluation period, once per training year and at the end of the evaluation period.
The King may set additional professional appreciation moments, depending on the specific basic training cycle of the military candidate. ".
Art. 141. In the same Act, an article 97/1 is inserted as follows:
"Art. 97/1. § 1^er. During an education period or during a school training period, the military candidate has the required professional qualities if he or she simultaneously meets the following criteria for success in each assessment referred to in Article 97, §2.
1° did not abstain without valid reason to participate in all examinations;
2° having obtained at least the overall minimum rating to succeed;
3° having obtained at least the minimum mark to succeed in each exclusive element.
§ 2. Each assessment carried on a military candidate during a period of instruction or training referred to in Article 97, § 2, for which he did not meet the criteria of success, or during which he did not participate in an examination or trial without valid reason, is subject to the competent deliberation commission.
However, the candidate who did not, at any of the two trials, pass the examination on the effective knowledge of the second national language, as provided for in section 3 of the Act of 30 July 1938 concerning the use of languages in the army, continues his training with his initial promotion.
§ 3. With regard to the assessment of professional qualities, the deliberation board decides that the military candidate, as the case may be, subject to the application of the provisions of article 89, paragraph 3:
1° has the required professional qualities and may, if necessary, continue the training;
2° may present a screening examination, reintroduce and represent his or her completion memory, or reintroduce or represent his or her completion memory;
3° can exceptionally resume the training and can be attached to the following promotion;
4° no longer has the required professional qualities and failed permanently.".
Art. 142. In the same Act, an article 97/2 is inserted as follows:
"Art. 97/2. § 1^er. During an internship or evaluation period, the military candidate has the required professional qualities if he or she obtains at least the "sufficient" indication during the annual appraisal and during the appraisal at the end of the internship and evaluation period.
§ 2. Each assessment referred to in paragraph 1^er for which the military candidate has not obtained at least the mention "sufficient" is submitted to the competent assessment board.
The assessment board decides that the military candidate is:
1° has the professional qualities required by assigning to it for the assessment concerned the mention "sufficient" and may, if applicable, continue the training;
2° no longer has the required professional qualities and has failed permanently."
Art. 143. Section 98 of the Act is replaced by the following:
"Art. 98. § 1^er. The appreciation of the material qualities is the appreciation of the attitude of the military candidate as a member according to certain skills, based on observable behaviours. The list of skills and the list of behaviour indicators are set by the King.
The weighting and the exclusive or not character of the skills and the notes to be obtained to succeed are fixed by the King according to the category of personnel for which the military candidate is trained and, if any, of his specific basic training cycle, as well as the timing of the appraisal.
§ 2. The material qualities of the military candidate are appreciated, if any, at least:
1° at the end of the school or instruction period and once a year of training;
2° at the end of the probation period;
3° at the end of the evaluation period.
The King may set additional material appreciation times, depending on the specific basic training cycle of the military candidate. ".
Art. 144. In the same Act, an article 98/1 is inserted as follows:
"Art. 98/1. § 1^er. In order to possess the required material qualities, the military candidate must, at each assessment referred to in article 98, § 2, meet the following criteria of success:
1° having obtained at least the overall minimum rating to succeed;
2° having obtained the required mention for each jurisdiction.
§ 2. Each assessment referred to in paragraph 1^er for which the military candidate has not met the criteria for success is submitted, as the case may be:
1° to a commission of deliberation, if it is an assessment established during a period of school training or a period of instruction;
2° to an assessment board if this is an assessment made during an internship or evaluation period.
If the deliberation or evaluation commission confirms the unfavourable assessment, the military candidate is considered to have failed.
Otherwise, the military candidate is expected to have the required material qualities. ".
Art. 145. Section 99 of the Act is replaced by the following:
"Art. 99. § 1^er. The appreciation of physical qualities is based on the results obtained in physical condition tests.
Physical condition tests include basic physical condition tests and, for some specific basic training cycles, additional physical condition tests.
§ 2. Physical qualities are appreciated once a year of training.
In order to succeed, the military candidate has two tests.
During the first year of training, the physical condition tests may be presented for the first time, as early as the first day of the sixth month following the month of incorporation.
§ 3. The King fixed:
1° the nature and character exclusive or not of the tests;
2° the overall minimum score to be obtained to succeed;
3° additional appreciation times, depending on the specific basic training cycle of the military candidate. ".
Art. 146. Section 100 of the Act is replaced by the following:
"Art. 100. § 1^er. In order to possess the required physical qualities, the military candidate must, at each assessment referred to in section 99, meet the following success criteria:
1° having obtained at least the overall minimum rating to succeed;
2° having obtained at least the minimum mark to pass for each exclusive test.
§ 2. Each assessment referred to in paragraph 1^er for which the military candidate has not met the criteria for success is submitted, as the case may be:
1° to a commission of deliberation, if it is an assessment established during a period of school training or a period of instruction;
2° to an assessment board if this is an assessment made during an internship or evaluation period.
This commission may:
1° decide to assimilate the military candidate to those who have succeeded, in which case it is supposed to possess the required physical qualities;
2° to decide that the military candidate has finally failed because he does not possess the required physical qualities;
3° to decide to give an adjournment to the military candidate who asks him to represent the basic physical condition tests, in cases that the King fixes;
4° to decide to grant an extension of the training period so that it can present the last physical condition tests at a later date fixed. ".
Art. 147. Section 101 of the Act is replaced by the following:
"Art. 101. A deliberation or evaluation commission shall decide on the military candidate who has not met the criteria for success when:
1° of an assessment of the professional qualities referred to in articles 97, 97/1 and 97/2;
2° of an assessment of the material qualities referred to in sections 98 and 98/1;
3° of an assessment of the physical qualities referred to in sections 99 and 100.
In addition to the chair, the deliberation or evaluation commission consists of at least three members, and is eventually assisted by specialists and a secretary.
The King sets out the modalities for the concrete composition and functioning of the commission of deliberation or evaluation.
The competent commission shall give a reasoned opinion to the competent authority to decide that the King designates, relating to the reclassification of a military candidate who has permanently failed referred to in section 106. ".
Art. 148. Under Part III, chapter II, section 2, subsection 2 of the Act, an article 101/1 is inserted as follows:
"Art. 101/1. A military candidate or authority designated by the King may appeal to the appeal proceeding, as the case may be, against a decision of the deliberation commission or the assessment board.
The appeal body may confirm the decision of the deliberation or evaluation commission, or make a new decision. ".
Art. 149. At the same sub-section 2, an article 101/2 is inserted as follows:
"Art. 101/2. Has the physical qualities required on a medical basis, the military candidate who meets the requirements of Article 90, § 1^erParagraph 1^erthe Act of 20 May 1994 on the statutes of military personnel, which corresponds to its specific basic training cycle. ".
Art. 150. At the same sub-section 2, an article 101/3 is inserted as follows:
"Art. 101/3. Has the moral qualities referred to in Article 96, § 2, 3°, the military candidate who meets the criteria of Article 11 of this Law.".
Art. 151. At the same sub-section 2, an article 101/4 is inserted as follows:
"Art. 101/4. Training as a military candidate is definitely discontinued in the following cases:
1° by the admission of the military candidate in the category of career staff for which he was trained;
2° by the loss of the quality of military candidate;
3° by termination of full or ex officio of the engagement or reengagement of the military candidate referred to in Articles 3, 13°, (a), and 87, paragraph 1^er;
4° by final withdrawal of the employment of the military candidate referred to in Article 3, 13°, b).
In order to enable the military candidate to successfully complete his basic training, the application period can exceptionally be extended to the conditions and in the cases that the King sets.
The provisions of paragraph 1^er, 2°, 3° and 4°, directly result in the loss of the rank in which the military candidate was commissioned."
Art. 152. Section 102 of the Act is replaced by the following:
"Art. 102. Conditions, for the duration, and according to the procedure that the King fixes, the military candidate who, as a result of a suspension by measure of order, a preventive separation, a preventive detention or a temporary withdrawal of employment by disciplinary measure or for reasons of health, as a result of a palliative care leave or a care leave to a seriously ill parent, as a result of a pregnancy, or a loss of quality^er, 9°, is found or was unable to prepare or present for certain examinations or tests or to follow or complete certain parts of the basic training may obtain from the authority designated by the King an adjournment to present certain examinations or tests or to follow or complete certain parts of the basic training.
A military candidate who, for serious or exceptional reasons, is or was unable to prepare for or present at certain examinations or tests, may obtain the authorization to present them at a specified later date. ".
Art. 153. Section 103 of the Act, as amended by the Act of 11 May 2007, is replaced by the following:
"Art. 103. A candidate for a career officer or a non-commissioned career candidate referred to in section 3, 13°, (a), who is not authorized to continue his or her basic training as a member candidate or as a member of the air navigating personnel for reasons of medical incapacity to the air service or professional incapacity to the air service may at his or her request and the conditions that the King fixes, obtain from the authority that He designates, the right to continue his or his or his or his or his or his or her training
The military career candidate of the marine referred to in Article 3, 13°, (a), who is not authorized to continue his basic training for reasons of medical incapacity at sea service may, at his request and under the conditions that the King fixes, obtain from the authority that He designates, the authorization to continue his basic training in the same quality and in a contemporary promotion, in another cycle of basic training for which the fitness is not required at sea. ".
Art. 154. Section 104 of the Act is replaced by the following:
"Art. 104. A career military candidate who, for reasons of medical incapacity, is not in a position to pursue his specific basic training cycle may, at his request and under the conditions that the King fixes, obtain from the authority that He designates the authorization to continue his basic training in the same quality and in a contemporary promotion, in another basic training cycle for which this medical aptitude is not required. ".
Art. 155. In the same Act, an article 104/1 is inserted as follows:
"Art. 104/1. A career military candidate who no longer possesses the required physical qualities and who is not in a position to pursue his specific basic training cycle may, at his request and the conditions that the King fixes, obtain from the authority that He designates the authorization to continue his basic training in the same quality and in a contemporary promotion, in another basic training cycle for which these physical qualities are not required. ".
Art. 156. Section 105 of the Act is replaced by the following:
"Art. 105. Under the conditions and according to the procedure that the King fixes, the military candidate may be oriented or redirected by the authority he designates to another specific basic training cycle in the same category of personnel, in the same quality and in a contemporary promotion.
Under the conditions and in accordance with the procedure established by the King, the military candidate may, at his request, be redirected by the authority that He designates to another specific basic training cycle in the same or another category of personnel, in the same or other quality. ".
Art. 157. Section 106 of the Act is replaced by the following:
"Art. 106. Depending on the requirements of supervision of the Armed Forces, the military candidate referred to in Article 3, 13, (a) may be reclassified at the request of the military candidate, and Article 87, paragraph 1^er, which, during the parts of the basic training cycle established by the King:
1° or, has failed definitively as a result of insufficient appreciation of professional qualities;
2° either, failed definitively as a result of insufficient appreciation of the material qualities;
3° or, must be removed from its specific basic training cycle because of the refusal or withdrawal of the required security clearance;
4° or, finally failed as a result of insufficient appreciation of physical qualities.
According to the conditions established by the King, the reclassification decision may consist of obtaining authorization to undergo a new basic training, as the case may be:
1° in the same quality and in the same category of staff;
2° in another quality and in the same category of staff;
3° in another quality and in a lower staff category;
However, only the reclassification referred to in paragraph 2, 3°, may be authorized when the military candidate is considered to have failed permanently as a result of insufficient assessment, as the case may be:
1° of professional qualities, based on the final failure, as the case may be, as an officer for the examination on the effective knowledge of the second national language under section 4 of the Act of 30 July 1938 concerning the use of languages in the army, or as a non-commissioned candidate for the examination on the effective knowledge of the language of the unit in which he was called to serve under section 8 of the Act;
2° of material qualities.
When the military candidate is considered to have failed permanently as a result of insufficient assessment of physical qualities, only the reclassification referred to in paragraph 2, 1°, may be authorized. In this case, the military candidate can only be reclassified to another basic training cycle for which these physical qualities are not required.
The reclassification is accepted or denied by the authority that the King designates and according to the procedure that He fixes.
Reclassification can only be granted once.
However, under the conditions laid down by the King, a second reclassification may be granted to the candidate level A of normal recruitment, admitted to the Royal Military School, or to the non-commissioned officer level C of normal recruitment."
Art. 158. Section 107 of the Act is replaced by the following:
"Art. 107. Under the conditions and according to the procedure that the King fixes, the military candidate referred to in Article 3, 13°, (a), who has arrested his original basic formation in order to follow a new basic formation, but who fails for the reasons that the King determines, may obtain from the authority that He designates the authorization to be reintegrated into his original basic formation.
The military candidate referred to in Article 3, 13°, b), who loses the status of a military candidate, is reintegrated into its category of origin of career staff. He was granted the seniority and grade he would have obtained if he had not left his category of career military personnel.
Military candidate who has lost the status of candidate under section 21/1, paragraph 1^er, 9°, is reintegrated straight into its original formation as soon as it reaches the age of eighteen years or as soon as the period of peace is restored.
The military obligations of the military candidate referred to in Article 3, 13°, (a), who loses the status of a military candidate and who before his or her admission as a military candidate belong to the reserve or was on unlimited leave, are, subject to the application of paragraph 5, determined by the rules relating to the status of the military members of the Armed Forces Reserve Framework.
The military candidate referred to in Article 3, 13°, (a), who loses the status of a military candidate and who before being admitted as a military candidate did not belong to the reserve framework or was not sent on unlimited leave is, without prejudice to the application of paragraphs 1^er, 2 and 6, sent on final leave.
The military candidate who is placed on the pension because of physical incapacity is considered to have met his military obligations. ".
Art. 159. Section 108 of the Act is replaced by the following:
"Art. 108. The military candidate referred to in section 105, in section 106, paragraph 2, 2 and 3, and if applicable in section 107, paragraph 1^er, contracts a commitment to its new quality.
The military candidate referred to in Article 107, paragraph 3, enters a new commitment and is attached to a promotion to follow its original specific training cycle. ".
Art. 160. Section 109 of the Act is repealed.
Art. 161. In chapter II, section 3, title III, of the Act, the words "military during the initial military career" are repealed.
Art. 162. Section 110 of the Act is replaced by the following:
"Art. 110. § 1^er. During his military career, the member may:
1° be required to attend certain training courses;
2° to be a candidate to attend certain courses.
All of these training courses are called continued training.
Military personnel may receive all or part of their continuing training in a defence institution or in a foreign or multinational military institution or in a civil institution, in Belgium or abroad.
The authority designated by the King shall decide on the equivalence of all or part of the continuing formation that is given in an institution other than a defence institution.
The King or the authority he designates, as the case may be, sets out the rules relating to the adjournment, registration and participation in the continued training, as well as the organization, nature and composition of the courses of improvement, and the conditions for success in these courses.
§ 2. Some advanced courses allow for a patent that the King fixes. The King sets the conditions for granting these patents.".
Art. 163. Section 111 of the Act is replaced by the following:
"Art. 111. For Level A officer, continued training during the military career includes:
1° a training course for skills development that is necessary for a junior officer to perform command and staff functions in a national or international framework;
2° a training course aimed at:
(a) develop skills that are necessary for a senior officer to perform command and staff functions within a national or international framework;
(b) prepare for professional examinations for the advancement of the rank of major referred to in Article 139/1, paragraph 2, 3°;
3° a training course for skills development that is necessary for a senior officer to perform superior command and staff functions within a national or international framework;
4° of training courses to acquire the academic qualifications for which a need of the Armed Forces is expressed by the Minister.
For Level B officer, continued training during the military career includes the course referred to in paragraph 1^er1°. ".
Art. 164. Section 112 of the Act is replaced by the following:
"Art. 112. For level C non-commissioned officer, continued training during the military career includes:
1° a training course aimed at:
(a) develop skills that are necessary to perform the functions of an elite officer;
(b) prepare the accession test for the rank of first sergeant-major referred to in section 84/1, paragraph 1^er2°;
2° a training course aimed at:
(a) develop skills that are necessary to perform the functions of a senior officer;
b) prepare the qualification examination for the rank of Chief Warrant Officer referred to in section 139/2, paragraph 2, 2°.
For the level B officer, continued training during the military career includes a refresher course, as the case may be:
1° to develop skills that are necessary to perform specific functions of Level B Officer;
2° to develop skills that are necessary to perform functions as a senior officer, other than those referred to in the 1st;
3° to prepare the qualification examination at the rank of Chief Warrant Officer referred to in section 139/2, paragraph 2, 2°. ".
Art. 165. Section 113 of the Act is replaced by the following:
"Art. 113. Under the conditions and in accordance with the procedure established by the King, the member may be exempted by the authority designated by the King, from any or part of a continuing formation referred to in sections 111 and 112, if he or she has previously successfully completed this training or part of that training, or an ongoing equivalent training. ".
Art. 166. In title III, chapter II, section 3, of the Act, an article 113/1 is inserted as follows:
"Art. 113/1. A commission of deliberation for continued training shall decide on the member in training who has not met the criteria for the success of one of the continuing training courses or, as the case may be, the professional tests or examinations referred to in articles 111, 2 and 3°, and 112, or who, without valid reason, has not participated in his continuing training or, as the case may be, in the professional or prescribed examinations.
Under the terms established by the King, the deliberation board may, as the case referred to in paragraph 1^ertake one or more of the following decisions:
1° the member concerned has succeeded in whole or in part and may, if necessary, continue his training;
2° the member concerned may obtain a traffic;
3° the member concerned may obtain an adjournment;
4° the member concerned has failed permanently for, as the case may be, his or her professional or prescribed examinations.
In addition to the President, a deliberation commission shall consist of at least three members, possibly assisted by one or more specialists or advisers and a secretary designated by the President.
The King sets out the modalities for the organization, the concrete composition and the functioning of the deliberation commission.".
Art. 167. In the same section 3, an article 113/2 is inserted as follows:
"Art. 113/2. If a portion of a continued training is followed in an institution other than an institution of the Defence, it is taken into account, for this part, the regime of the institution with respect to the granting of a dispensation, the appreciation of the skills and the criteria for success. ".
Art. 168. In Title III, Chapter II, of the Act, the title of Section 4 is replaced by the following:
"Section 4. - Social promotion, passage and promotion on diploma".
Art. 169. Section 114 of the Act is replaced by the following:
"Art. 114. By social promotion, the admission must be heard, as the case may be:
1° of career volunteers in the C-level career officer category;
2° of the C or B level career non-commissioned officers in the B level career officer category."
Art. 170. Section 115 of the Act is replaced by the following:
"Art. 115. By the way, it is necessary to hear the admission of level B career officers to the level A career officer category."
Art. 171. Section 116 of the Act is replaced by the following:
"Art. 116. By graduation promotion, it is necessary to hear the admission of career volunteers or career non-commissioned officers at level C to the category of career non-commissioned officers at level B.".
Art. 172. Section 117 of the Act is replaced by the following:
"Art. 117. In order to be admitted as a military candidate by the Minister and regardless of the conditions specific to the category of personnel for which they are trained, the soldiers referred to in section 3, 13°, (b) must meet the following conditions:
1° have not been refused more than four times for admission to another quality because they do not meet the conditions referred to in 2° to 9°;
2° be refused by the authority that the King designates;
3° to 31 December of the year of their approval, not having reached the age fixed by the King;
4° be ranked in order when passing, within the limit of the number of open spaces;
5° having passed the military tests of physical fitness, according to the criteria established by the authority that the King designates;
6° for the Navy member, medically fit for service at sea;
7° if applicable, be a holder of a bachelor before the closing date of the registrations for the promotion on the diploma concerned;
8° if applicable, having successfully completed the technical course of the staff, the basic course of the staff or the basic training of the staff prior to the closing date of the registration for the passage concerned;
9° if applicable, having passed the language examinations, as applicable:
(a) Article 2 of the Act of 30 July 1938 concerning the use of languages in the army;
(b) Articles 3 and 4 of the Act;
(c) Article 8, § 1^er, of the same law or be exempted from this examination according to the provisions of Article 8, § 2, of the same law.
By type of admission and category of personnel, the King fixes:
1° the conditions to which the military must meet among those referred to in paragraph 1^er;
2° the content and terms of the passing test referred to in paragraph 1^erFour. ".
Art. 173. Section 118 of the Act is replaced by the following:
"Art. 118. § 1^er. To be admitted to the level B career officer category, the career non-commissioned officer must have the status of a B-level career officer and must have successfully completed the King's training.
In order to be admitted to the C-level career non-commissioned officers category, the career volunteer must have the status of a C-level career non-commissioned candidate and must have successfully completed the King's training.
§ 2. The Assistant Quarry Officer approved as a Level B Quarry Officer is appointed by the Minister at the beginning of the training cycle if he is not yet in this position.
The junior officer of level B is commissioned to the rank of deputy lieutenant by the King on the first day of the sixth month following the month of his approval by the Minister, as a junior officer of level B.
The B-level career candidate is appointed by the King as a sub-lieutenant on the twenty-sixth day of the last month of the quarter in which he successfully completed his training.
Depending on the case, it is subsequently classified:
1° of the career officers of level B of the special recruitment who were appointed deputy lieutenant on the same date, if he previously had the status of a career officer of level B;
2° of the military personnel referred to in 1°, if he previously had the status of a C-level career officer.
The effect of the appointment takes place with retroactive effect until the twenty-sixth day of the last month of the quarter in which he was commissioned to the rank of deputy lieutenant.
§ 3. The Quarry Volunteer approved as a Quarry Officer of Level C is commissioned to the rank of sergeant by the authority designated by the King on the first day of the sixth month following the month of his approval by the Minister as a Quarry Officer of Level C.
The C-level career non-commissioned candidate is appointed by the Minister to the rank of sergeant on the twenty-sixth day of the last month of the quarter in which he successfully completed his training.
It is classified after the C-level career non-commissioned officers of normal recruitment who were appointed sergeant on the same date.
The effect of the appointment takes place with retroactive effect until the twenty-sixth day of the last month of the quarter in which he was commissioned to the rank of sergeant.
§ 4. The relative seniority of those appointed on the same date and who participated in the same training cycle is determined by the classification established at the end of the instruction on the basis of the final result.
Candidates who obtain the same final score are placed in the descending order of their former service and in the case of ex-aequo, priority is given to the oldest.
In the event of successful completion after removal, only the final result obtained in the first test is for classification.
§ 5. The relative seniority of those appointed on the same date and who did not participate in the same training cycle is determined by a single classification based on the different classifications established in accordance with the provisions of paragraph 4 and in which the officers or non-commissioned officers concerned, who have completed different training cycles, alternate proportionally to their number.
However, such a single classification may not result in the classification of an officer or non-commissioned officer before another officer or other non-commissioned officer whose final result is more than ten percent of the total points. ".
Art. 174. Section 119 of the Act is replaced by the following:
"Art. 119. To be admitted to the Level A Career Officer category, the Level B Career Officer must have the status of Level A Career Officer and must have successfully completed the King's training.
The Level B Career Officer is admitted to the Level A Career Officer category with his rank and seniority in this grade. He is ranked as a result of the level A career officer of the same rank and seniority in that rank. ".
Art. 175. In title III, chapter II, section 4, of the Act, an article 119/1 is inserted as follows:
"Art. 119/1. § 1^er. In order to be admitted to the level B career non-commissioned officers category, the level C career non-commissioned officer must have the status of a level B career non-commissioned officer and must have successfully completed the King's training.
The Level C Career Officer shall be admitted to the level B Career Officer category with his rank and seniority in that rank, as defined by the King. He is ranked as a result of the B-level career officer of the same rank and seniority in that rank.
However, at the time of his admission to the level B non-commissioned career officer category, he who does not yet have the rank of first sergeant-major shall be appointed to that rank of full law, in accordance with the terms fixed by the King.
§ 2. The relative seniority of those appointed on the same date and who participated in the same assessment period is determined by the classification established at the end of this evaluation period on the basis of the final reference.
Candidates who obtain the same final mention are classified in the descending order of their former service and in the case of ex-aequo, priority is given to the oldest.
In the event of deliberation by an assessment board or by the appeal instance, the candidates who initially obtained the mention "insufficient" are classified following the candidates who obtained the mention "sufficient".
§ 3. The relative seniority of those appointed on the same date and who did not participate in the same assessment period is determined by a single classification based on the different classifications established in accordance with the provisions of paragraph 2 and in which the non-commissioned officers who followed different assessment periods alternate proportionally to their number. ".
Art. 176. In the same section 4, an article 119/2 is inserted as follows:
"Art. 119/2. § 1^er. In order to be admitted to the level B career non-commissioned officers category, the career volunteer must have the status of level B career non-commissioned candidate and must have successfully completed the King's training.
§ 2. The career volunteer approved as a Level B non-commissioned career officer shall be commissioned to the rank of sergeant by the authority designated by the King on the first day of the sixth month following the month of his approval by the Minister as a Level B non-commissioned career candidate.
The Level B Career Officer is appointed by the Minister to the rank of First Staff on the twenty-sixth day of the last month of the quarter in which he successfully completed the evaluation period.
He is ranked as a result of the C-level career non-commissioned officers, who participated in the graduation promotion to acquire the status of B-level career non-commissioned officer, who were appointed first sergeant-major on the same date.
§ 3. The relative seniority of those appointed on the same date and who participated in the same training cycle is determined by the classification established at the end of the instruction on the basis of the final result.
Candidates who obtain the same final score are placed in the descending order of their former service and in the case of ex-aequo, priority is given to the oldest.
In the event of successful completion after removal, only the final result obtained in the first test is for classification.
§ 4. The relative seniority of those appointed on the same date and who did not participate in the same training cycle is determined by a single classification based on the different classifications established in accordance with the provisions of paragraph 3 and in which the non-commissioned officers who have completed different training cycles alternate proportionally to their number.
However, this unique classification cannot result in the classification of a non-commissioned officer before another non-commissioned officer whose final result is more than ten percent of the total points. ".
Art. 177. In Title III, Chapter II, of the Act, the title of Section 5 is repealed.
Art. 178. Section 120 of the Act is repealed.
Art. 179. Section 121 of the Act is repealed.
Art. 180. Section 122 of the Act is repealed.
Art. 181. Section 123 of the Act is repealed.
Art. 182. Section 124 of the Act is repealed.
Art. 183. In Title III, Chapter II, of the Act, the title of Section 6 is repealed.
Art. 184. Section 125 of the Act is repealed.
Art. 185. In Title III of the Act, the title of Chapter III is repealed.
Art. 186. In Title III, Chapter III, of the same Act, the title of Section 1^re, is repealed.
Art. 187. Section 126 of the Act is repealed.
Art. 188. Section 127 of the Act is repealed.
Art. 189. Section 128 of the Act is repealed.
Art. 190. In Title III, Chapter III, of the Act, the title of Section 2 is repealed.
Art. 191. Section 129 of the Act is repealed.
Art. 192. Section 130 of the Act is repealed.
Art. 193. Section 131 of the Act is repealed.
Art. 194. Section 132 of the Act is repealed.
Art. 195. Section 133 of the Act is repealed.
Art. 196. Section 134 of the Act is repealed.
Art. 197. Section 135 of the Act is repealed.
Art. 198. Section 136 of the Act is repealed.
Art. 199. Section 137 of the Act is repealed.
Art. 200. Section 138 of the Act is repealed.
Art. 201. Section 139 of the Act is replaced by the following:
"Art. 139. Without prejudice to the application of the provisions relating to the minimum seniority required in the rank for advancement to the higher rank, the ranks of senior officer are conferred upon the Minister's choice, and the ranks of superior officer and general officer are conferred upon the King's choice, in accordance with the terms and conditions that the King sets.
When assessing, it must be taken into account:
1° the knowledge available to the member concerned, acquired as a result of training and experience;
2° of the skills acquired by the member concerned in the field of management and appreciated according to the terms fixed by the King.
When assessing, it may be taken into account:
1° of the post evaluations referred to in section 66;
2° where applicable, estimates of the potential referred to in section 67;
3° of the assessment of the aptitudes referred to in Article 68.
Derogation from paragraph 1^er, the rank of Chief Warrant Officer is conferred on seniority to non-commissioned officers who have successfully completed the development course referred to in section 112, paragraph 2, 1°, unless they have been exceeded in advance according to the provisions applicable to elite non-commissioned officers. ".
Art. 202. In title III, chapter III, section 2, of the Act, an article 139/1 is inserted as follows:
"Art. 139/1. No officer may be appointed to a higher officer or general officer if his age does not allow him to serve for at least three years in his new grade.
No officer may be appointed to the rank of major if he does not:
1° successfully followed the development courses referred to in Article 111, paragraph 1^er1° and 2°;
2° passes a test concerning the knowledge of a language that the King fixes, other than Dutch or French;
3° succeeds the professional trials of which the King sets the rules of participation, programmes and modalities of organisation.".
Art. 203. In the same section 2, an article 139/2 is inserted as follows:
"Art. 139/2. No non-commissioned officer may be appointed to the rank of Staff Officer if his or her age does not allow him to serve for at least two years in his or her new grade. This provision is not applicable to the non-commissioned officer who is retired at an age limit of less than fifty-six years.
No C-level officer may be appointed to the rank of Chief Warrant Officer if he does not:
1° successfully followed the development courses referred to in Article 112, paragraph 1^er2°;
2° passes the qualification examination at the rank of Chief Warrant Officer whose King sets the rules of participation, programs and organizational arrangements.
No Level B non-commissioned officer may be appointed to the rank of Staff Officer if he does not:
1° successfully followed the development courses referred to in Article 112, paragraphs 2, 1 and 2;
2° passed the qualification examination at the rank of Chief Warrant Officer referred to in paragraph 2, 3°. ".
Art. 204. In the same section 2, an article 139/3 is inserted as follows:
"Art. 139/3. For the advancement of the ranks of superior officer and general officer, all candidates of the same seniority who have been recommended favourably at the same time for the rank of which they are incumbents, are, subject to the application of section 64, supposed to possess the seniority of the candidate of their seniority appointed the first to that rank when there are vacant places, or the candidate of their seniority who would have been appointed if he ".
Art. 205. In the same section 2, an article 139/4 is inserted as follows:
"Art. 139/4. Each time the application for the advancement referred to in Article 139/3 is considered following the previous considerations for the advancement set out in this same article, the examination of candidates shall take place in the mutual order of seniority in the rank. ".
Art. 206. In Title III, Chapter III, of the Act, the title of Section 3 is repealed.
Art. 207. Section 140 of the Act is repealed.
Art. 208. In title IV of the same law, the word "passage" is replaced by the word "transfert".
Art. 209. Section 141 of the Act is replaced by the following:
"Art. 141. The internal transfer is applicable to each member who is declared permanently unfit on a medical basis by a decision of the Military Fitness and Reform Commission or the Military Fitness and Appeal Reform Commission, and for which these commissions are of the opinion that physical damage is the consequences of an accident in the event or illness contracted in service and by the fact of service, with the exception of accidents on the way to work.
Art. 210. Section 142 of the Act is replaced by the following:
"Art. 142. At its request, no later than within the month following the decision referred to in Article 141, the member concerned may apply for admission as a state agent within the Defence, provided that the member's application corresponds to one of the competency profiles established by the competent authority to perform a function consistent with his or her state of health. ".
Art. 211. Section 143 of the Act is replaced by the following:
"Art. 143. The King determines the procedure and modalities to be followed so that the member concerned can benefit from the internal transfer."
Art. 212. In title V of the same law, the words "the passage" are replaced by the words "mobility".
Art. 213. Section 144 of the Act is replaced by the following:
"Art. 144. By external mobility, you must hear:
1° the use by an employer referred to in section 2 of this title;
2° the transfer to an employer referred to in section 3 of the same title;
3°, professional conversion, referred to in section 4 of the same title."
Art. 214. Section 145 of the Act is replaced by the following:
"Art. 145. By employer, you must hear:
1° the public service dependent on the federal authority, the regions or communities and the organizations that depend on it, excluding the Defence but not on the agencies that depend on it;
2° autonomous public enterprises covered by the Act of 21 March 1991 on the reform of certain economic public enterprises;
3° the provinces, municipalities, towns, federations and associations of municipalities and the organizations that depend on them;
4° the police areas and the agencies that depend on them;
5° emergency areas, fire services, emergency fire and medical services and the agencies that depend on them;
6° only in the context of use, non-governmental public utility institutions or organizations that are not part of public services.
Employers referred to in paragraph 1^er, 1° to 5°, are called "public employer" as part of the transfer.
Employers referred to in paragraph 1^er, 1° to 6° are called "external employer" as part of the use. ".
Art. 215. Section 146 of the Act is replaced by the following:
"Art. 146. The King determines the modalities to be followed in order to apply for use, transfer or professional conversion, as well as the authority that accepts or refuses applications. ".
Art. 216. Section 147 of the Act is repealed.
Art. 217. Section 148 of the Act is repealed.
Art. 218. Section 149 of the Act is repealed.
Art. 219. In Title V of the Act, the title of Section 2 is replaced by the following:
"Section 2. - Use by an external employer."
Art. 220. Section 150 of the Act is replaced by the following:
"Art. 150. It is defined as "use post", a function or employment with an external employer for which the employed member can be retained. If the employee's staffing needs warrant, the external employer may open several places for the same position.".
Art. 221. Section 151 of the Act is replaced by the following:
"Art. 151. The external employer may set criteria to which an authorized member must meet to be retained. These criteria are reproduced in the agreement referred to in Article 153, § 2, paragraph 2.".
Art. 222. Section 152 of the Act is replaced by the following:
"Art. 152. Members may be used by an external employer in a position of use, provided:
1° to be approved;
2° to be in active service on the date of the start of selection tests;
3° not to occupy, on the date on which their use takes place, a function whose remuneration is not borne by the Defence budget;
4° to count, on the date on which their use takes place, at least the number of years of service seniority as a member of the active framework established by the King, without the King being less than fifteen years old;
5° on the date on which their use takes place, as well as during the twelve months prior to that date:
(a) not already be selected by a public employer as part of a transfer;
(b) not already be selected by an external employer for use;
(c) not already be made available to a public employer as part of a transfer;
(d) not already used;
6° not to be found, on the date on which their use takes place, in a performance period under section 179;
7° not to be in one of the forms of operational commitment that the King sets, at the date of the start of the selection tests, and not to be part of a detachment that prepares for such a commitment;
8° not to be, on the date on which their use takes place, assigned to an international or interallied body;
9° not to be, on the date of the start of the selection tests, in the voluntary suspension of the benefits;
10° not to exercise, at the time of their use, a position requiring a specific and rare competency profile.
The King shall fix the positions referred to in paragraph 1^er, 10°, by category of staff, and possibly by subcategory of staff.
Military personnel referred to in paragraph 1^er, 10°, however, may apply for exceptional personal reasons motivated to the authority that the King designates, in order to enter an account online for use. A refusal may be appealed to the Minister.
Depending on the managerial requirements, the application of a member who meets the requirements of paragraph 1^er may be refused by the authority that the King designates, in order to guarantee the proper functioning and continuity of the Armed Forces. This refusal may be appealed to the Minister.
If a procedure for appearing before the Military Fitness and Reform Commission has been initiated, the applicant's application for a position of use may be approved as soon as possible, if any, to:
1° the date on which an appeal is no longer possible against the decision of the Military Fitness and Reform Commission that declares the military medically fit;
2° the date of the decision of the military suitability and appeal reform commission which declares the military fit medically.
The application of a non-medical, temporary or definitive military member or declared medically fit to work in mid-time is denied.
When the member performs benefits in the voluntary work plan for the four-day week, the plan is terminated. ".
Art. 223. Section 153 of the Act is replaced by the following:
"Art. 153. § 1^er. The use positions opened by external employers, the number of open spaces per position of use, and the categories of staff and the language regime for which these positions are opened, are published by the Minister.
Use positions referred to in paragraph 1^er can only be full-time positions.
§ 2. Members who are approved by the external employer shall be appointed to their position of use by the Minister or the authority to that effect.
The use of the individual is subject to an agreement between the Minister and the external employer concerned. The member receives a copy of the document, which he signs for agreement.
This agreement, based on a model model defined by the Minister, includes:
1° the duration of use;
2° the fixation of the working regime;
3rd possible training and training;
4° the rules for the provision of training and training costs;
5° the authority that, in the external employer of the member in use, is invested with a rank equivalent to that of head of body;
6° the rules for the care of the payroll;
7° the monetary benefits that the external employer grants to the member, in accordance with the status of that employer;
8° a list of equipment to be made available free of charge or to be provided by the member;
9° the rules relating to the civil liability of the external employer;
10° the selection criteria defined by the external employer.
A copy of the working regulations and statutes applicable to members of the statutory staff of the external employer is delivered to the member in use.
§ 3. The use takes effect as early as the first day of the first month and no later than the first day of the sixth month following the designation of the person concerned, with joint agreement between the external employer and the Minister and with the shortest time limit. Use always takes effect on the first day of a month.
The use ends ex officio on the date of loss of the military quality of the active framework.
The use also ends with a 30-day notice, when the reasons for use no longer exist and the member cannot be used in a new position. The external employer communicates the reasoned decision to the member and the Minister. ".
Art. 224. Section 154 of the Act is replaced by the following:
"Art. 154. If the officer's supervisor, designated in accordance with section 156/4, paragraph 3, finds that he or she fails to satisfy or fails to meet the requirements of the service, he or she may be terminated by a 30-day notice. The reasons are documented in a report.
This report is communicated to the interested member who may join his defence in accordance with the terms and conditions applicable to the relevant external employer.
The report, accompanied, if any, by the comments of the interested party, is transmitted, as the case may be, to the Minister or to the highest authority of the external employer.
Based on the documents referred to in paragraph 2, this authority may terminate the use of the member concerned.
The member may terminate his use with a minimum notice of fifteen days.
The member is reintegrated into the Armed Forces on the first day following the expiration of the notice. ".
Art. 225. Section 155 of the Act is replaced by the following:
"Art. 155. The member in use is in active service. It is in the "normal service" subheading.
He is employed outside the Armed Forces and under orders of service from the external employer. ".
Art. 226. Section 156 of the Act is replaced by the following:
"Art. 156. The member in use does not participate in the advancement unless the member takes place by service seniority.
The member in use may not participate in the continuing training, nor in professional examinations or trials for the advancement of a higher military grade. ".
Art. 227. In heading V, section 2, of the Act, an article 156/1 is inserted as follows:
"Art. 156/1. While in use, military personnel may no longer be employed in the Armed Forces except:
1° in case of mobilization;
2° in wartime;
3° in exceptional circumstances following a government decision.
Other cases in which military personnel in use may exercise their employment within the Armed Forces may be provided for in the agreement referred to in Article 153, § 2, paragraph 2.".
Art. 228. In the same section 2, an article 156/2 is inserted as follows:
"Art. 156/2. Subject to the agreement of the external employer, a member in use may be entitled to a temporary withdrawal of employment, the voluntary work plan for the four-day week and the anticipated half-time departure plan.
If a temporary withdrawal of employment by disciplinary measure or on health grounds is to be imposed, the member in use must return to the Armed Forces within 30 days of the decision that one of the aforementioned temporary employment withdrawals must be imposed. Temporary withdrawal of employment on disciplinary grounds can only be made after reintegration. ".
Art. 229. In the same section 2, an article 156/3 is inserted as follows:
"Art. 156/3. After an absence for health reasons, the member used may, for health reasons, obtain permission to work half-time. For this purpose, the employer must obtain the agreement of the external employer as well as a doctor who controls the absences for health reasons on behalf of that employer.
Except as to the competences of the head of the body and of the preventive doctor of the competent work for the unit of the member concerned who are transmitted respectively to the hierarchical authority designated in accordance with section 156/4, paragraph 3, and to the medical service of the work or to the occupational doctor who assists the external employer, the procedure before the suitability and reform commission or the military commission of suitability and appeal reform shall remain applicable to the employer."
Art. 230. In the same section 2, an article 156/4 is inserted as follows:
"Art. 156/4. The hierarchical head of a member who occupies a rank in the external employer that is at least equivalent to that of a head of body, is competent to introduce a proposal that introduces the procedure that, pursuant to the status of the member concerned and the decision of the authority that, according to that status, is competent to that effect, may lead to:
1° the temporary withdrawal of employment by disciplinary measure of the member concerned;
2° suspension by order;
3° the resignation of office;
4° the restraint on the treatment.
When applying the procedures referred to in paragraph 1^er, 1° and 3°, the opinion of a board of appeal, a board of discipline or a similar body shall be requested in accordance with the rules applicable to the staff of the external employer.
The authority that, in the external employer of the member concerned, is vested in a rank equivalent to that of a head of body, is expressly designated in the agreement referred to in Article 153, § 2, paragraph 2.".
Art. 231. In the same section 2, an article 156/5 is inserted as follows:
"Art. 156/5. The member in use must comply with the conditions of work imposed by the external employer, including duties, incompatibility, working hours, leave regime, and rules that impose an obligation of residence or establish medical control in the event of absence on health grounds.
Military employees retain their right to end-of-care leave.
The member in use who, without valid reason, neglects or refuses to perform the position assigned to him, is, after a ten-day absence, considered to be a resignation from the external employer.".
Art. 232. In the same section 2, an article 156/6 is inserted as follows:
"Art. 156/6. During their use, the CF members are subject to the appreciation or assessment rules applicable to staff of their external employer.
For the award of honorary distinctions, they remain subject to the rules of appreciation and award applicable in the Armed Forces. ".
Art. 233. In the same section 2, an article 156/7 is inserted as follows:
"Art. 156/7. Except where otherwise provided in this section, all legislative and regulatory provisions applicable to the member at the beginning of his or her use, as well as any modifications that would be made, shall remain applicable to the member during his or her use. ".
Art. 234. In the same section 2, an article 156/8 is inserted as follows:
"Art. 156/8. The military personnel used are subject to the hierarchical authority, as it is regulated by their external employer with respect to the other incumbents of their duties.".
Art. 235. In the same section 2, an article 156/9 is inserted as follows:
"Art. 156/9. Members used by an external employer may, in accordance with the regulations in force in the external employer, be required to apply a reminder to the order, a reprimand or a reprimand, or an assimilated penalty that is applied in the external employer.
If the person concerned is guilty of a serious fault justifying the application of a more severe penalty, the hierarchical authority designated in accordance with section 156/4, paragraph 3, shall introduce a proposal leading to one of the procedures referred to in section 156/4, paragraph 1^er and 2. "
Art. 236. In the same section 2, an article 156/10 is inserted as follows:
"Art. 156/10. Sections 5 to 8, 10bis to 12, 14bis, 21 to 39 and 41 to 44 of the Act of 14 January 1975 relating to the regulation of discipline of the Armed Forces, and sections 175 and 176 of this Act, are not applicable to the military during their period of use except:
1° when they are again employed in the Armed Forces in accordance with Article 156/1;
2° or for the application of the procedures for the execution of the measures referred to in Articles 156/3, paragraphs 2 and 156/4. ".
Art. 237. In the same section 2, an article 156/11 is inserted as follows:
"Art. 156/11. Except where they are once again employed in the Armed Forces in accordance with Article 156/1 or for the application of procedures for the execution of the measures referred to in Articles 156/3, paragraph 2, and 156/4, the Military Criminal Code is not applicable to acts committed by the military during their period of use."
Art. 238. In the same section 2, an article 156/12 is inserted as follows:
"Art. 156/12. Without prejudice to the provisions of this section, the provisions relating to the social security of the active military personnel shall apply to the military used.
For the establishment of their pension, they are deemed to have been paid by the Defence and to have taken their services there. ".
Art. 239. In the same section 2, an article 156/13 is inserted as follows:
"Art. 156/13. Without prejudice to the application of section 156/14, military monetary status remains applicable to military personnel in use. The liquidation and payment of monetary rights remain provided by the Defence. ".
Art. 240. In the same section 2, an article 156/14 is inserted as follows:
"Art. 156/14. Military employees in use benefit from the same allowances and allowances on the part of the external employer as those granted to other members of the external employer staff who are related to the occupied function or working conditions.
The allowances and allowances referred to in the first paragraph shall be fully borne by the external employer and shall be paid by him.".
Art. 241. In the same section 2, an article 156/15 is inserted as follows:
"Art. 156/15. By payroll within the meaning of this section, you must hear:
1° the treatment, including interlayer increases, increases due to fluctuations in consumer price index and treatment enhancements and revisions of treatment scales;
2° the home or residence allowance;
3° the holiday toll;
4° the year-end allowance;
5° the allowances fixed by the King.
The salary burden of the employed military is borne by the external employer at 100 per cent.
The Defence is responsible for the total amount of pay expenses during the member's end-of-care leave period in use.
The portion of the salary charges referred to in this section that is not the responsibility of the Defence is reported to the external employer on a quarterly basis.
The external employer reimburses the Defence within forty-five days of receipt of the invoice. ".
Art. 242. Section 157 of the Act is replaced by the following:
"Art. 157. The transfer process to a public employer includes:
1° a selection phase during which the member participates in the selection organized by the public employer concerned;
2° a phase of availability;
3° the transfer."
Art. 243. Section 158 of the Act is replaced by the following:
"Art. 158. At their request, military personnel may be transferred as a statutory agent to vacant jobs opened by employers, provided that:
1° to be approved;
2° to be on the date of the start of the selection tests in active service;
3° not to have been temporarily withdrawn from employment on request, except for family reasons, during the twelve-month period prior to the date on which they are made available;
4° not to occupy, on the date on which they are made available, a function whose remuneration is not borne by the Defence budget;
5° to be present, at the date on which they are made available, more than one year from the normal date on which the pension is made;
6° to count, on the date on which their availability takes place, at least the number of years of service seniority as a member of the active framework established by the King, without the King being less than fifteen years old;
7° on the date on which their availability takes place, and during the twelve-month period prior to that date:
(a) not already be selected by a public employer as part of a transfer;
(b) not already be selected by an external employer for use;
(c) not already be made available to a public employer as part of a transfer;
(d) not already used;
8° not to be found, on the date on which their availability takes place, in a performance period referred to in section 179;
9° not to be in one of the forms of operational commitment that the King sets at the beginning of the selection tests, nor to be part of a detachment that prepares for such a commitment;
10° not to be, at the date on which they are made available, assigned to an international or interallied body;
11° not to perform, on the date of the start of the selection tests, benefits in the pre-earning half-time plan;
12° not to be, on the date of the start of the selection tests, on a voluntary suspension of the benefits;
13° not to exercise, at the time of their availability, a position requiring a specific and rare competency profile.
The King shall fix the positions referred to in paragraph 1^er, 13°, by category of staff, and possibly by subcategory of staff.
The member referred to in paragraph 1^er, 13°, may apply for exceptionally motivated personal reasons to the authority that the King designates, in order to enter online account for a transfer. A refusal may be appealed to the Minister.
Depending on the managerial requirements, the application of a member who meets the requirements of paragraph 1^er may be refused by the authority that the King designates, in order to guarantee the proper functioning and continuity of the Armed Forces. This refusal may be appealed to the Minister.
For the purposes of paragraph 1^er, the normal pension date is the age limit pension date on the basis of the legislation and regulations in force on the date the disposition takes place.
If a procedure for appearing before the Military Fitness and Reform Commission or before the Military Fitness and Appeal Reform Commission has been initiated, this procedure is suspended as long as the military is made available. If the member is transferred, the procedure is completed in full right."
Art. 244. Section 159, paragraph 2, of the Act is replaced by the following:
"The member is made available to the public employer at the earliest on the first day of the month and no later than the first day of the sixth month following the date of the favourable selection of the member, by joint agreement of the public employer and the Defence, while aiming at the shortest time. The availability always takes effect on the first day of a month.".
Art. 245. Section 160 of the Act is replaced by the following:
"Art. 160. When the member performs benefits in the voluntary work plan for the four-day week, he is terminated."
Art. 246. In section 161 of the Act, the following amendments are made:
1° in paragraph 1^er, the words ", which cannot exceed one year," are inserted between the words "The provision" and the words "and the transfer of the member";
2° in paragraph 2, 7°, the words "the duration of the transfer period referred to in Article 125, § 1^er"are replaced by the words "the term of one year";
3° the article is supplemented by three paragraphs written as follows:
"The duration of one year referred to in paragraph 1^er is extended in full right of the duration of maternity, paternity leave, parental leave, foster leave or adoption leave.
The period of one year referred to in paragraph 1^er may be extended by three months in the event of failure in the training, subject to the Minister's authorization.
If the interested party can demonstrate exceptionally motivated cases, the Minister may, however, waive the time limit."
Art. 247. Section 162 of the Act is replaced by the following:
"Art. 162. During the service period, the member is on active duty.
He is employed outside the Armed Forces and under orders of service from the public employer.".
Art. 248. In heading V, section 3, of the Act, an article 162/1 is inserted as follows:
"Art. 162/1. Articles 156, 156/2, 156/3, 156/4, paragraphs 1^er and 2, 156/5, paragraphs 1^er and 3, 156/6, 156/8, 156/9, 156/10, 156/11 and 156/12 are applicable to the member made available to a public employer.".
Art. 249. In the same section, section 3, an article 162/2 is inserted as follows:
"Art. 162/2. Except where otherwise provided in this section, all legal and regulatory provisions relating to the status of active military personnel remain applicable to members made available to a public employer, according to the category of personnel to which they belong."
Art. 250. In the same section 3, an article 162/3 is inserted as follows:
"Art. 162/3. The Minister shall, where appropriate, transfer the member made available in accordance with the conditions set out in the agreement referred to in section 161.
On the day of transfer, the member:
1° ceases to be part of the Armed Forces and loses the military quality of the active framework;
2° acquires the status of a member of the public employer;
3° is no longer paid by the Defence. ".
Art. 251. In the same section 3, an article 162/4 is inserted as follows:
"Art. 162/4. The provisions of the Act of 16 May 2001 relating to the status of military personnel in the Armed Forces Reserve Framework are applicable to the member who has left the active frame through a transfer.".
Art. 252. In section 163 of the Act, paragraph 1^er is replaced by the following:
"Art. 163. The professional conversion is the process that allows the member to leave the Defence by voluntary resignation and to seek employment with a new employer or to develop a professional activity as an independent with the assistance, at the request of the Defence, of the services and guidance advice that are provided individually or in a group by a third party, referred to as "professional conversion office". ".
Art. 253. In the same Act, an article 163/1 is inserted as follows:
"Art. 163/1. Non-commissioned officers and volunteers in the active framework may be eligible for professional conversion, provided:
1° to be approved;
2° to be, on the date on which their orientation phase takes place, in active service;
3° not having been temporarily withdrawn from employment on their application except for family reasons, during the twelve-month period prior to the date on which their orientation phase takes place;
4° not to occupy, on the date of their orientation phase, a function whose remuneration is not borne by the Defence budget;
5° to be present, at the date on which their orientation phase takes place, more than one year from the normal date on which the pension is paid;
6° to count, on the date on which their orientation phase takes place, at least the number of years of service seniority as a member of the active framework established by the King, without the King being less than fifteen years old;
7° on the date on which their orientation phase takes place, and during the twelve-month period before that date:
(a) not already be selected by a public employer as part of a transfer;
(b) not already be selected by an external employer for use;
(c) not already be made available to a public employer as part of a transfer;
(d) not already used;
8° not to be present, on the date on which their orientation phase takes place, in a performance period under section 179;
9° not to be present, at the date on which their orientation phase takes place, in one of the forms of operational commitment that the King fixes, and not to be put on notice for such a commitment;
10° not to be, at the date on which their orientation phase takes place, assigned to an international or interallied organization;
11° not to perform, on the date on which their orientation phase takes place, benefits in the early-to-half-time plan;
12° not to be, at the date on which their orientation phase takes place, on a voluntary suspension of benefits;
13° not to exercise, at the time of their orientation phase, a position requiring a specific and rare competency profile.
The King shall fix the positions referred to in paragraph 1^er, 13°, by category of staff, and possibly by subcategory of staff.
The member referred to in paragraph 1^er13°, however, may apply for exceptionally motivated personal reasons to the authority that the King designates, in order to enter online account for a professional conversion. A refusal may be appealed to the Minister.
Depending on the managerial requirements, the application of a member who meets the requirements of paragraph 1^er may be refused by the authority that the King designates, in order to guarantee the proper functioning and continuity of the Armed Forces. This refusal may be appealed to the Minister.
For the purposes of paragraph 1^er, the normal pension date is the age limit pension date based on the legislation and regulations in force on the date the orientation phase takes place.
If a procedure for appearing before the Military Fitness and Reform Commission or before the Military Fitness and Appeal Reform Commission has been initiated, this procedure is suspended as long as the military is in the orientation phase. If the member passes the reclassification phase, the procedure is completed in full right."
Art. 254. Section 164 of the Act is replaced by the following:
"Art. 164. The programme of professional conversion consists of three successive phases forming a professional conversion session. These phases are:
1° the information phase;
2° the orientation phase;
3° the reclassification phase.
The Minister or authority that he or she designates for this purpose sets the annual number of professional conversion sessions and the start date of each session."
Art. 255. Section 165 of the Act is replaced by the following:
"Art. 165. The information phase includes, in the following order:
1° a collective information session, organized by the Defence in collaboration with the professional conversion office, following which participants can apply for a resignation accompanied by a program of professional conversion;
2° for the military whose application is approved, an individual assessment, organized by the professional conversion office, in order to allow candidates to appreciate their motivation and their chances of finding work.
The information phase begins on the day of the collective information session referred to in paragraph 1^er, 1°, and lasts three months.
Nomination referred to in paragraph 1^er, 1°, must be introduced within two weeks after the collective information session.
The information phase ends, as appropriate:
1° from the passage to the orientation phase;
2° at the request of the member. ".
Art. 256. AA section 166 of the Act, the following amendments are made:
1° paragraph 2 is replaced by the following:
"The authority designated by the King determines the start date of the orientation phase. The first working day of a month, at the earliest of the first working day of the month following the end of the information phase, is the first working day of the third month that follows the end of the information phase. ";
2° a paragraph is inserted between paragraphs 2 and 3:
"The orientation phase lasts from one to three months. The concrete duration is fixed by the King."
3° in paragraph 3, 2°, old, becoming paragraph 4, 2°, the words "formation or integration" are replaced by the word "reclassification";
4th old paragraph 3, becoming paragraph 4, is supplemented by the 4th written as follows:
"4° as soon as the member requests that his resignation take effect immediately and as long as his resignation is accepted. ";
5° the article is supplemented by a paragraph written as follows:
"The member who interrupted the orientation phase at his or her own request as referred to in paragraph 4, 3°, can only introduce a new application for a professional conversion, as a new session is scheduled. ".
Art. 257. Section 167 of the Act is replaced by the following:
"Art. 167. § 1^er. The reclassification phase includes activities organized by the professional conversion office to assist the member in his search for a new professional activity.
§ 2. The reclassification phase starts automatically at the end of the orientation phase.
§ 3. From that date, acceptance of the application for a resignation accompanied by a program of professional conversion referred to in section 165, paragraph 1^er1°, is irrevocable.
§ 4. The maximum duration of the reclassification phase is between five and twenty-three months. The concrete duration is fixed by the King.
However, in the event of a lack of health for a period of more than three months or for social reasons of exceptional character, the Minister may:
1° extend the reclassification phase of a period equal to the duration of the absence for health reasons, with a maximum of six months;
2° cancel the resignation.
§ 5. The reclassification phase ends in one of the following cases:
1° as soon as the member enters a new professional activity, unless it is carried out in conjunction with the activities of professional conversion;
2° as soon as the member requests that his resignation take effect immediately and as long as his resignation is accepted;
3° at the end of the period specified in paragraph 4, paragraph 1^er, possibly extended duration referred to in paragraph 4, paragraph 2, 1°;
4° on the date of the cancellation of the resignation referred to in paragraph 4, paragraph 2, 2°.
§ 6. Reclassification is automatically granted to the member at the beginning of the reclassification phase and is automatically completed at the end of this phase. ".
Art. 258. Section 168 of the Act is replaced by the following:
"Art. 168. The date on which the member begins a new professional activity, referred to in articles 166, 4, 1 and 167, § 5, 1°, corresponds, as the case may be, to the date on which he:
1° concludes as an employee an indeterminate, determined or equivalent employment contract;
2° proves, by an official document, that it carries out an independent worker activity as principal;
3° is approved as an employee in a public service, whether on probation or not.
The resignation accompanied by a professional conversion takes effect on the date on which the professional conversion ends in the cases referred to in Article 166, paragraph 4, 1 and 4, and Article 167, § 5, 1° to 3°.
The resignation with a professional conversion is assimilated to an accepted resignation. ".
Art. 259. In section 169 of the Act, paragraph 2 is replaced by the following:
"For military personnel who are in the information and guidance phase of the professional conversion program, this program automatically ends without notice when the crisis period is decreed. ".
Art. 260. Section 170 of the Act is replaced by the following:
"Art. 170. A member who leaves the active position by resigning with a professional conversion receives a reclassification premium.
The reclassification premium is as follows:
1° 12 times the last gross monthly salary of the member, if the resignation takes effect during the orientation phase;
2° an amount which, combined with the sum of the gross salaries due during the reclassification phase, equals twelve times the last gross monthly salary of the member, if the resignation takes effect during the reclassification phase;
3° once the last gross monthly salary of the member, if the resignation takes effect after the eleventh month of the reclassification phase.
The treatments referred to in paragraph 2 include, where applicable, the allowances that are of an accessory to the treatment. The allowances to be taken into account are fixed by the King.
The reclassification premium is paid on the first day of the month following the month in which the resignation takes effect.".
Art. 261. In heading V, section 4, of the Act, an article 170/1 is inserted as follows:
"Art. 170/1. The member who has filed an application for a resignation accompanied by a professional conversion may not benefit from the provisions referred to in Article 52, § 4, paragraph 2.".
Art. 262. In the same section 4, an article 170/2 is inserted as follows:
"Art. 170/2. A member who has left the active position by way of resignation accompanied by a professional conversion may not be reinstated as referred to in article 53, paragraph 2.".
Art. 263. In the same section 4, an article 170/3 is inserted as follows:
"Art. 170/3. The provisions of the Act of 16 May 2001 relating to the status of the military members of the Armed Forces Reserve Framework are applicable to the member who has left the active position by way of resignation with a professional conversion. ".
Art. 264. In article 171, 4°, of the same law, the words "avoid from" are replaced by the words "avoid anything that can".
Art. 265. In section 173 of the Act, the following amendments are made:
1° in paragraph 1^er, 1°, the words "at the earliest of the twelfth month preceding the elections and no later than thirty days before the deadline for the filing of candidates," are repealed;
2° in paragraph 1^er, 2°, the words "initial training" are replaced by the words "application period";
3° in paragraph 2, the words "recommended letter to the post" are replaced by the words "recommended sending".
Art. 266. In section 174 of the Act, a paragraph 3/1 is inserted as follows:
§ 3/1. The provisions on political leave contained in paragraphs 1^er to 3, do not apply to miliaries on a voluntary suspension of benefits (SVP), referred to under 7, Chapter 4, of the Act of December 22, 2008 on various provisions (I).
Art. 267. In section 176, § 2, of the Act, paragraph 3 is repealed.
Art. 268. Section 178 of the Act is replaced by the following:
"Art. 178. Any administrative decision shall be notified in writing to the member, military candidate or applicant concerned."
Art. 269. In heading VI, section 1^rein the same law, an article 178/1 is inserted as follows:
"Art. 178/1. § 1^er. Any decision taken by a collegial body shall be taken by an absolute majority of votes. Members of this proceeding cannot abstain. In the event of a parity of votes, the president's voice is preponderant. The secretary has no right to vote.
§ 2. When a collegial proceeding is seized, the person concerned may request the recusal of any member of that proceeding, if he or she considers that there is a legitimate suspicion of a member.
Any member of a proceeding must request his or her recusal:
1° that is the spouse or legal cohabitant, or a parent or ally up to the fourth degree of the person concerned;
2° which considers that it cannot impartially assess the person concerned.
The cause of recusal is motivated by evidence or beginning of evidence and is sent by any means of written communication with acknowledgement of receipt to the competent authority to decide on the request for recusal or to the authority that the King designates.
The competent authority to decide on the application for recusal is:
1° the president of the competent body if the cause of recusal concerns a member of that body;
2° the competent authority to designate the members, or, where applicable, the authority that the King designates, if the cause of recusal concerns the President.
The competent authority to decide on the application for recusal may:
1° designate new members;
2° reject the request for recusal in a reasoned manner and by any means of written communication with acknowledgement of receipt, if it considers that motivation is insufficient.
In derogation from paragraphs 4 and 5:
1° the Minister is the competent authority to take a decision on a request for recusal, which is, if any, replaced by the authority that the King designates;
2° the minister who acts as president shall not be recused or challenged.
The additional procedure for the recusal procedure shall be established by the King.".
Art. 270. In the same section 1^rean article 178/2 is inserted as follows:
"Art. 178/2. A member or military candidate may file an appeal against decisions relating to the appeal proceeding:
1° to the change in the trade sector referred to in Article 40, paragraph 1^er;
2° to the class of aptitude D, in the cases referred to in article 69, paragraph 7, 1 and 2°;
3° to the appreciation of the manner of service referred to in Article 84, § 1^er, paragraph 2, where this decision has the effect that the member concerned is permanently exceeded in advance;
4° to the decisions of the commission of deliberation or evaluation referred to in articles 97/1, § 3, 97/2, § 2, 98/1, § 2, and 100, § 2;
5° to the decisions of the deliberation commission for continued training referred to in article 113/1.
However, a member who, in the case referred to in paragraph 1^er, 2°, has already filed an appeal twice with the appeal instance, is no longer allowed to file a new appeal.
The appeal is filed by registered mail on or before the tenth business day following the day the decision is notified.
In derogation from paragraph 3, the period is thirty working days for the member who is abroad for service reasons.
The rules relating to the appeal procedure are set by the King.
The appeal proceeding is composed of the following rules:
1° the appeal proceedings are composed of three members, including a president, with at least one rank of superior officer and two other members, with a higher rank than that of the member or military candidate who appeared, or at least older in the same grade of the same class of personnel;
2°, however, provided that membership in the discretion category D is the result of a lack of assessment of positions, the competent appeal instance in the case referred to in paragraph 1^er, 2°, is composed parity. It has an equal number of representatives of the authority and representatives of trade unions representative of military personnel. ".
Art. 271. In title VI, section 2, of the Act, an article 178/3 is inserted as follows:
"Art. 178/3. The provisions of this section shall apply:
1° to career and career military candidates;
2° to auxiliary officers and auxiliary officers. ".
Art. 272. Section 179 of the Act is replaced by the following:
"Art. 179. § 1^er. For the purposes of this section, "performance period" means each active service period during which a member is required to serve, as the case may be:
1° if he is a military career, from the date on which he was definitively put an end to training as a military candidate;
2° if he is a career soldier who has successfully completed the training of a light aviation pilot or a marine pilot, from the date on which the training is completed;
3° if he is a career soldier, from the end date of each training period, referred to as "additional training", which consists of a training sanctioned by a diploma or certificate of higher or equivalent education;
4° if he is an auxiliary officer, from the date on which he was definitively terminated the training as an auxiliary officer candidate;
5° if he is a career soldier or an auxiliary officer, from the date of completion of any other training, if it has been followed at the expense of the Defence and if the cumulative cost over a period of two years exceeds the minimum that the King fixes, without the King being less than 5,000 euros;
6° if piloted, from the date of completion of any training followed for conversion to another type of aircraft that was originally formed.
§ 2. For trainings referred to in § 1^er, 1° to 3°, the performance period is equal to once and a half the duration of the training defined in this Act, which the member followed at the expense of the Defence.
However, for the career officer who successfully completed the training of pilot or air traffic controller, the performance period is increased by three years.
For the auxiliary officer, the performance period is six years.
However, the pilot auxiliary officer who was provided from part of the military pilot training, having the aeronautical qualifications referred to in section 5, paragraph 2, paragraph 3, of the Act of 11 November 2002 on auxiliary officers of the Armed Forces, acquired prior to the date of his appointment, has a three-year performance period.
However, by training, the performance periods referred to in this paragraph may not be less than three years or more than twelve years. Any training for which the CF member has obtained complete service dispensations for the entire training is considered to be a training course.
§ 3. For trainings referred to in § 1^er, 5°, the performance period is two years.
For the training referred to in § 1^er, 6°, the performance period is four years.
§ 4. The performance period is calculated in whole months. It begins on the first day of the month following the dates as set out in § 1^er.
The end date of the performance period is set on the first day of the month following the end of the period.
§ 5. The duration of the training taken into account and the duration of the performance period are set out in Table A of Appendix B to this Act.
Training followed during a performance period that involves an additional performance period has the effect of suspending the current performance period.
Performance periods for various trainings are cumulative. The total yield period cannot exceed fifteen years.
§ 6. The current performance period is suspended for the member in the "non-activity" position. ".
Art. 273. Section 180 of the Act is replaced by the following:
"Art. 180. A career member who has obtained his or her resignation or has been demitted from office before the end of the accumulated performance period for the reasons referred to in Article 179, § 1^er, 1° to 3°, is required to reimburse part of the treatments collected during the training. The allowance is degressive. It amounts to a fraction of 73% of the net salaries paid during the training. The numerator of this fraction consists of the difference between the number of months to be performed for the performance period, as set out in Article 179, § 2, and the number of months already completed. The denominator of this fraction is the number of months to be performed for the performance period, as set out in section 179, § 2.
A career member who has been resigned or who has been deferred from office, after obtaining the higher pilot's patent, following a training of a light aviation pilot or a pilot of the marine aircrew, is also required to reimburse the State a portion of the costs of his training, according to the rates and modalities set out in Schedule B and C, to this Act.
A career member who has obtained his or her resignation or has been demitted from office before the end of the period of return accumulated under the conditions specified in Article 179, § 1^er, 5°, is also required to reimburse part of the cost referred to in the aforementioned provision. The allowance is degressive. It amounts to a fraction of the aforementioned cost. The numerator of this fraction consists of the difference between the twenty-four months to be performed for the performance period, set out in Article 179, § 3, and the number of months already carried out. The denominator of this fraction is twenty-four months.
A career member who has obtained his resignation or who has been dismissed from office or who is pensioned pursuant to sections 3, A, and 3, B, military pension laws coordinated by Royal Decree No. 16020 of 11 August 1923, or Article 46 of the Act of 15 May 1984 on measures of harmonization in pension plans, before the end of the period of performance accumulated after having followed a training § 179^er, 6°, is also required to reimburse the State for part of the costs of its formation, according to the rates and terms set out in table E of Schedule B to this Act.
The career member who began his professional training for obtaining the ATC patent and who obtained his resignation or was dismissed from office before the end of the accumulated performance period for the reasons referred to in Article 179, § 1^er, 1°, and § 2, paragraph 2, is also required to refund to the State part of the costs of this vocational training, according to the rates and terms set out in tables F1 and F2 of Schedule B to this Act.".
Art. 274. Section 181 of the Act is replaced by the following:
"Art. 181. An auxiliary officer who has obtained termination of his or her undertaking or whose commitment is terminated on disciplinary, moral or professional grounds before the end of the accumulated performance period for the reasons referred to in section 179, § 1^er, 4°, is required to reimburse some of the treatments received during the training. The allowance is degressive. It amounts to a fraction of 73% of the net salaries paid during the training. The numerator of this fraction consists of the difference between the number of months to be performed for the performance period, as set out in Article 179, § 2, and the number of months already completed. The denominator of this fraction is the number of months to be performed for the performance period, as set out in section 179, § 2.
A pilot auxiliary officer who has obtained the termination of his or her undertaking or whose commitment is terminated for disciplinary, moral or professional reasons, before the end of the accumulated performance period for the reasons referred to in section 179, § 1^er, 4°, or after a training referred to in Article 179, § 1^er, 6°, is also required to reimburse the State a portion of the costs of its formation, according to the rates and terms set out in Tables B, C, D and E of Schedule B to this Act.
An auxiliary air traffic officer who has obtained the termination of his or her undertaking or whose commitment is terminated for disciplinary, moral or professional reasons, before the end of the accumulated performance period for the reasons referred to in section 179, § 1^er, 4°, is also required to refund to the State part of the costs of vocational training for obtaining the ATC patent, according to the rates and terms set out in Table F2 of Schedule B to this Act.
An auxiliary officer who has obtained termination of his or her undertaking or whose commitment is terminated on disciplinary, moral or professional grounds before the end of the accumulated performance period for the reasons referred to in section 179, § 1^er, 5°, is also required to reimburse part of the cost referred to in the aforementioned provision. The allowance is degressive. It amounts to a fraction of the aforementioned cost. The numerator of this fraction is the difference between the twenty-four months to be performed for the performance period, as set out in Article 179, § 3, paragraph 1^erand the number of months already completed. The denominator of this fraction is twenty-four months.".
Art. 275. Section 182 of the Act is replaced by the following:
"Art. 182. A pilot auxiliary officer whose appointment is terminated, after obtaining a pilot's patent, for any other reason than medical incapacity and ceased to be a member of the active framework, is required to reimburse a portion of the treatment received during the training. The allowance is 73% of the net salary paid during training.
An auxiliary pilot candidate referred to in paragraph 1^er is also required to reimburse a portion of the salary received during the training, according to the rates and terms set out in Table B of Schedule B to this Act.
The provisions of subparagraphs 1^er and 2 are also applicable to a military candidate who loses this quality and who was admitted to this training after termination of his or her appointment as a pilot auxiliary officer and to which the provisions of paragraph 1^er were applicable at that time.".
Art. 276. Section 183 of the Act is replaced by the following:
"Art. 183. Is required to repay some of the treatments received during the training, any military candidate whose engagement or re-engagement is terminated for another reason than medical incapacity, who ceases to be a military candidate of the active framework and who:
1° has acquired, as a career officer candidate, at least 60 credits to the Royal Military School or another institution of higher education;
2° has obtained, as a career non-commissioned candidate, the certificate of higher secondary education, or an equivalent degree or certificate, to the Royal School of Non-commissioned Officers.
The provision referred to in paragraph 1^er is not applicable:
1° to the member reintegrated into his or her original framework, except if he or she loses the military quality of the endeaned active framework for a period beginning on the date of reintegration and equals once and a half the training followed in the quality referred to in paragraph 1^er1° or 2°;
2° to the military candidate, under the age of eighteen, who loses the status of candidate following the declaration of the war period.
The allowance is 73% of the net salary paid during training in the quality referred to in paragraph 1^er, 1° or 2°. However, the refund referred to in paragraph 2, 1°, is calculated according to the provision referred to in section 180, paragraph 1^er".
Art. 277. In the same Act, an article 183/1 is inserted as follows:
"Art. 183/1. An auxiliary air traffic officer whose commitment is terminated, for any other reason than medical incapacity, and who ceases to be a member of the active framework, is also required to reimburse the State a portion of the costs of professional training for obtaining the ATC patent, according to the rates and terms set out in Table F1 of Schedule B to this Act.
An auxiliary air traffic officer referred to in paragraph 1^er, is also required to reimburse part of the salary received during the training. The allowance is 73% of the net salary paid during training.
The provisions of subparagraphs 1^er and 2 are also applicable to a military candidate who loses this quality and has been admitted to this training after termination of his or her appointment as an auxiliary air traffic officer under the conditions specified in paragraph 1^er".
Art. 278. Section 184 is supplemented by a paragraph written as follows:
"However, paragraph 1^er is not applicable to the member who has lost the quality of the member as a result of his transition to Fitness D without having filed an appeal with the appeal body referred to in section 178/2. ".
Art. 279. In heading VI, section 2, of the Act, an article 184/1 is inserted as follows:
"Art. 184/1. The amounts set out in this Act are adjusted in accordance with the Act of 1^er March 1977 organising a regime for linking the UK Consumer Price Index with certain expenditures in the public sector. The amounts correspond to the pevot index 138,01 (base 1981=100).
The recovery of dues is carried out through the Receivers of the T.V.A. Administration, registration and domains. ".
Art. 280. Section 189 of the Act is replaced by the following:
"Art. 189. The position "in non-activity" is that of the member:
1° that is temporarily removed from employment;
2° that was recognized in illegal absence;
3° who has been sentenced to deprivation of liberty, to which he has been sentenced by a Belgian court or by a foreign court if the decision is recognized in Belgium, unless he is serving his sentence under the execution of the penalty of limited detention, electronic surveillance or parole;
4° on political leave.
The suspension period by order is converted to a non-activity period if followed:
1° of a final withdrawal of employment by resignation of office;
2° of an ex officio termination of the undertaking or commitment, except for medical reasons;
3° of a suspended dismissal referred to in Article 6 of the Military Penal Code or Article 19 of the Criminal Code;
4° of military degradation;
5° of temporary employment withdrawal by disciplinary measure, but only for the duration of this temporary employment withdrawal.
The period of pre-trial detention is converted to a period of non-activity if it is followed by a sentence to a suspended deprivation of liberty, but only for the duration of that sentence.
Internship is converted to a non-activity period if this internment is followed by a definitive withdrawal of employment by resignation from office.
The period of absence of a separate military member from the army is converted in whole or in part to a period of non-activity if the facts that are at the origin of the absence or if the conduct of the member during the absence are incompatible with his or her military status corresponding to his or her personnel category. This measure is pronounced in accordance with the provisions of Article 57, paragraphs 2, 3 and 4.".
Art. 281. Section 190 of the same Act is supplemented by the 5th and 6th written as follows:
"5°" in intensive service;
6° "in military support." ".
Art. 282. Section 191 of the Act is replaced by the following:
"Art. 191. The sub-position "in training" is the sub-position of military candidates during the training period and, where applicable, the period of school training for their application period, with the exception of the member who is allowed to undergo training for admission to another category of staff.
The sub-position "in assistance" is the sub-position of each member who participates in a mission referred to in Article 3, § 1^er, 2°, (b) of the Act of 20 May 1994 on the implementation of the Armed Forces, on condition, and on periods and positions in which the member may be present. The member referred to in paragraph 1^er and the member who has not reached the age of eighteen cannot be in this subheading.
The "operational engagement" sub-position is the sub-position of each member who participates in an operation referred to in Article 3, § 1^er, 2°, (a) of the aforementioned Act of 20 May 1994. The member referred to in paragraph 1^er and the member who has not reached the age of eighteen cannot be in the subheading "in operational engagement".
The sub-position "in intensive service" is the sub-position of each member, except that referred to in paragraph 1^er, which participates in an exercise or manoeuvre of at least twenty-four hours.
The "military support" subheading is the subheading of each member, with the exception of that referred to in paragraph 1^er and of the person who has not reached the age of eighteen, who participates in a mission referred to in Article 3, § 1^er2°, c) of the Act of 20 May 1994 referred to above.
The "normal service" subheading is the subheading of each member who is not in one of the subheadings referred to in paragraph 1^er 5.".
Art. 283. In section 192 of the Act, replaced by the Act of 11 May 2007, paragraph 2 is replaced by the following:
"The period between the loss of military candidate status by a military candidate under the age of eighteen as a result of a declaration of a period of war or crisis and its reintegration is converted to a period of active service by law."
Art. 284. Section 193 of the Act is repealed.
Art. 285. In title IX of the Act, a chapter II/I is inserted entitled:
"Chapter II/1. - Amendments to the Act of 30 July 1938 concerning the use of languages in the army".
Art. 286. In chapter II/1, inserted by article 285, an article 206/1 is inserted as follows:
"Art. 206/1. In section 2 of the Act of 30 July 1938 concerning the use of languages in the army, as amended by the Acts of 30 July 1955, 13 November 1974 and 26 March 1999, paragraphs 4 and 5 are repealed."
Art. 287. In the same chapter II/1, an article 206/2 is inserted as follows:
"Art. 206/2. In section 4 of the Act, amended by the Acts of 28 December 1990 and 22 March 2001, paragraph 6 is replaced by the following:
"The appointment to the rank of deputy lieutenant of the candidate who succeeds only in one of the two trials of the second participation is reduced by six months. However, this appointment produces its effects on the same date as that of the candidates referred to in paragraph 4 who have not been delayed. However, the candidate who succeeds in the first trial of the second participation will not be delayed if the participation in this test was due to the impossibility of passing the second test of the first participation by an accident or illness as a result of a fact related to the service.".
Art. 288. In the same chapter II/1, an article 206/3 is inserted as follows:
"Art. 206/3. Section 6 of the Act, as amended by the Act of 30 July 1955, is supplemented by a paragraph written as follows:
"The subsequent obtaining of the in-depth knowledge of the second language referred to in Article 7 cannot be used to argue a review of this failure."
Art. 289. In the same chapter II/1, an article 206/4 is inserted as follows:
"Art. 206/4. In section 8, § 2, of the same law, replaced by the Act of 22 March 2001, the words "Superior Secondary Education Certificate" are replaced by the words "Superior Secondary Education Certificate". ".
Art. 290. In the same chapter II/1, an article 206/5 was inserted as follows:
"Art. 206/5. In article 11, paragraph 3, of the same law, inserted by the law of 26 April 2009, the words "to obtain at least fifty percent of the points to", are replaced by the words "to succeed before". ".
Art. 291. In the same chapter II/1, an article 206/6 is inserted as follows:
"Art. 206/6. In Article 31, § 1^er, paragraph 2, of the same law, inserted by the law of 26 April 2009, the words "to obtain at least fifty percent of the points to", are replaced by the words "to recover before". ".
Art. 292. In title IX, chapter III, of the same law, the word "Abrogation" is replaced by the word "Modifications".
Art. 293. Section 207 of the Act is replaced by the following:
"Art. 207. In Article 1^er of the Act of 23 December 1955 on Auxiliary Officers of Air Force, Pilots and Mariners, the word "patented" is inserted between the words "for the category of airborne personnel" and the words "of air force". ".
Art. 294. In Title IX, Chapter III, of the Act, an article 207/1 is inserted as follows:
Art. 207/1. In article 9, paragraph 2, paragraph 2, of the same law, replaced by the law of April 26, 2009, the words "which was accepted" are inserted between the words "Resiliation of Commitment" and the words "taking effect".
Art. 295. In Title IX, Chapter III, of the Act, an article 207/2 is inserted as follows:
"Art 207/2. Section 10bis of the Act, replaced by the Act of 13 July 1976, is supplemented by a paragraph, which reads as follows:
"Articles 21/1, paragraph 1^er, 9°, 3 and 4, 81, § 1^erparagraphs 4 and 5, 81/3, paragraph 2, 3, 102, paragraph 1^er, 107, paragraph 3, and 108, paragraph 2, of the Act of 28 February 2007 establishing the status of military and military candidates of the active military framework, which are applicable to the candidate under the age of 18 when a period of war is decreed, are applicable to the auxiliary officer candidate."
Art. 296. In Title IX, Chapter III, of the Act, an article 207/3 is inserted as follows:
"Art. 207/3. In section 16 of the Act, replaced by the Act of July 13, 1976, the words "in the career of air force personnel" are replaced by the words "as a level A career officer in the professions to which he belongs".
Art. 297. In Title IX, Chapter III, of the Act, an article 207/4 is inserted as follows:
"Art. 207/4. In article 16bis of the same law, inserted by the law of 13 July 1976 and amended by the law of 16 July 2005, the words "in the framework of complementing the body of the personnel navigating the air force" are replaced by the words "as a career officer of level B in the field of occupations to which it belongs".
Art. 298. In Title IX, Chapter III, of the Act, an article 207/5 is inserted as follows:
"Art. 207/5. In section 17 of the Act, replaced by the Act of July 13, 1976, the words "in career or complementing the corps of air force personnel" are replaced by the words "as a career officer at level A or a career officer at level B".
Art. 299. In Title IX, Chapter III, of the Act, an article 207/6 is inserted as follows:
"Art. 207/6. In section 18 of the Act, replaced by the Act of July 13, 1976, the words "in the framework of career or complementing the body of the air force personnel" are replaced by the words "as a career officer at level A or a career officer at level B".
Art. 300. In Title IX, Chapter III, of the Act, an article 207/7 is inserted as follows:
"Art. 207/7. In section 19 of the Act, replaced by the Act of 18 February 1987, the words "in the framework of career or complementing the body of the air force personnel" are replaced by the words "as a career officer at level A or a career officer at level B".
Art. 301. In Title IX, Chapter III, of the Act, an article 207/8 is inserted as follows:
"Art. 207/8. In section 21 of the Act, replaced by the Act of 22 March 2001, the following amendments are made:
1° in paragraph 1^er, the words "article 3, 3°" are replaced by the words "article 3";
2° in paragraph 2, paragraph 1^er, 1°, 2° and 3°, and paragraph 3, 1°, 2° and 3°, the words "gross processing" are replaced each time by the words "gross monthly processing".
Art. 302. Section 208 of the Act is replaced by the following:
"Art. 208. The law of 1^er March 1958 relating to the status of military career officers, as amended by the statutes of 28 June 1960, 26 July 1962, 23 June 1964, 6 July 1967, 27 December 1973, 13 July 1976, 18 February 1987, 22 December 1989, 21 December 1990, 28 December 1990, 20 May 1994, 11 June 1998, 16 March 2000, 25 May 2000, 22 March 2001, 16 May 2001, 2 August 2002, 3 February 2003, 27 March 2003, 15 February 2005, 16 July 2005, 20 July 2006 and 26 April 2009, is repealed."
Art. 303. Section 209 of the Act is replaced by the following:
"Art. 209. The Act of 27 December 1961 on the status of non-commissioned officers of the Armed Forces Active Framework, amended by the Acts of 13 July 1976, 21 December 1990, 28 December 1990, 20 May 1994, 16 March 2000, 25 May 2000, 22 March 2001, 3 February 2003, 27 March 2003, 15 February 2005, 16 July 2005 and 26 April 2009, is repealed."
Art. 304. In title IX of the Act, a chapter V/1 is inserted entitled:
"Chapter V/1. - Amendment of the laws on the militia, coordinated on 30 April 1962".
Art. 305. In chapter V/1 inserted by article 304, an article 209/1 is inserted as follows:
"Art. 209/1. In article 2, § 4, laws on the militia coordinated on 30 April 1962, the words "since 1^er January of the year in which they reach 17 years" are replaced by the words "from the time they reach the age of 18 years". ".
Art. 306. In the Dutch text of article 215, 4°, of the same law, the words "opnieuw opgenomen door" are replaced by the words "hersteld bij".
Art. 307. In title IX of the Act, a chapter XI/1 entitled:
"Chapter XI/1. - Repeal of the Act of 20 May 1994 on the use of military personnel outside the Armed Forces".
Art. 308. In chapter XI/1 inserted by article 307, an article 216/1 is inserted as follows:
"Art. 216/1. The Act of 20 May 1994 on the use of military personnel outside the Armed Forces, as amended by the Acts of 27 December 2000 and 23 April 2010, is repealed.".
Art. 309. In title IX, chapter XII, of the same law, the word "abrogation" is replaced by the word "modification".
Art. 310. Section 217 of the Act is replaced by the following:
"Art. 217. Article 4 of the Short-term Military Status Act of 20 May 1994 is supplemented by a paragraph written as follows:
"As long as these provisions are not inconsistent with the provisions of this Act and provided that the regulatory provisions are not inconsistent with the regulatory provisions of this Act, sections 21/1, paragraph 1^er, 9°, 3 and 4, 81, § 1^erparagraphs 4 and 5, 81/3, paragraph 2, 3, 102, paragraph 1^er, 107, paragraphs 3 and 108, paragraph 2, of the Act of 28 February 2007 establishing the status of military and military candidates of the Armed Forces active framework, which are applicable to the candidate under the age of 18 when a period of war is decreed, are applicable to the short-term military candidate."
Art. 311. Section 221 of the Act is replaced by the following:
"Art. 221. In section 3 of the Act, as amended by the Act of 27 March 2003, the following amendments are made:
1° paragraph 1^er, 2°, is completed by (c) as follows:
"(c) when participating in a military support mission as part of a military partnership program. ";
2° paragraph 2 is supplemented by the 4° written as follows:
"4° the preparation activities of an operation.".
Art. 312. In the same Act, an article 223/1 is inserted as follows:
"Art. 223/1. Section 9 of the Act is replaced by the following provision:
"Art. 9. The member of the reserve framework in active service during the peace period is in one of the subheadings referred to in section 190 of the Act of 28 February 2007 establishing the status of the military and military candidates of the active military framework."
Art. 313. Section 224 of the Act is replaced by the following:
"Art. 224. The Act repeals:
1° Article 1^er;
2° Article 2, as amended by the Act of 22 March 2001;
3° Article 3bis, inserted by the law of 22 March 2001;
4° Article 6, amended by the laws of 27 March 2003 and 14 June 2006;
5° Article 10, amended by the laws of 22 March 2001 and 27 March 2003. ".
Art. 314. Section 225 of the Act is replaced by the following:
"Art. 225. Article 1^er the Act of 20 May 1994 on the monetary rights of the military, as amended by the Act of 16 May 2001, is replaced by the following provision:
Article 1^er. This Act applies to members of the active framework referred to in section 2, paragraph 1^erthe Act of 28 February 2007 establishing the status of the military and military candidates of the active military framework and the reserve framework referred to in Article 2 of the Act of 16 May 2001 establishing the status of the military members of the Armed Forces Reserve Framework, as described below as "the military".
Art. 315. Section 226 of the Act is repealed.
Art. 316. In the same Act, an article 226/1 is inserted as follows:
"Art. 226/1. In section 3 of the Act, the following amendments are made:
1° in paragraph 1^erParagraph 2 is replaced by the following:
"In derogation from paragraph 1^erthe member of the reserve framework who conducts a training period, a recall or a supplementary benefit referred to in section 38 of the Act of 16 May 2001 on the status of the military members of the Armed Forces Reserve Framework shall be entitled:
1° where the member benefits from a military pension of seniority, an allowance equal to the difference between the treatment of a member to whom he may claim, and the amount of his pension;
2° where he is a statutory agent whose remuneration is not suspended, or is suspended only after a certain period of time, by the legal person of public law or by the granting free education institution, which is his employer, to a supplement of treatment equal to the difference between, on the one hand, the treatment of a member to whom he may claim, and on the other hand, the treatment to which he may claim, ";
2° paragraph 1^erbis, inserted by the law of 16 May 2001, is repealed;
3° paragraph 3bis, inserted by the law of 25 May 2000 and amended by the laws of 27 March 2003 and 5 March 2006, is supplemented by a paragraph, which reads as follows:
"The member on palliative care leave is not entitled to treatment. However, it receives an interruption allowance at the rates and conditions set for federal public service personnel. ";
4° Paragraph 3ter, inserted by the Act of 22 March 2001 and amended by the Act of 27 March 2003, is repealed;
5° in paragraph 4:
(a) paragraph 1^eramended by the Acts of 27 March 2003 and 16 July 2005, is replaced by the following:
"The member who has been sentenced to a custodial sentence, to which he has been sentenced by a Belgian court or by a foreign court if the decision is recognized in Belgium, receives 50 per cent of the last treatment, without the amount being less than the amount of the integration income referred to in article 14 of the law of 26 May 2002 concerning the right to social integration. ";
(b) in paragraph 2, 1°, as amended by the Act of 27 March 2003, the words "under the regime of semi-detention, weekend arrests, semi-freedom," are replaced by the words "under the mode of execution of limited detention, parole";
6° in paragraph 5:
(a) in paragraph 1^er, as amended by the Act of 27 March 2003, the words "minimum of means of existence, as referred to in Article 2 of the Act of 7 August 1974 establishing the right to a minimum of means of existence" are replaced by the words "from the integration income referred to in Article 14 of the Law of 26 May 2002 concerning the right to social integration";
(b) a sub-item is inserted between paragraphs 2 and 3:
"When a member is terminated by order of a member during a criminal procedure against him or her or a procedure that may result in a statutory measure, initiated for the same facts, the member concerned cannot claim the disposition of the uncollected rate of treatment on the basis of paragraph 1^er, 1°, only from the time when judgment, judgment or statutory measure is no longer subject to appeal. This liquidation is not due for the period of suspension by order that is converted to a period of non-activity. ";
(c) in former paragraph 3, becoming paragraph 4, the words "paragraphs 1^er and 2" are replaced by the words "paragraphs 1^er 3". ".
Art. 317. Section 227 of the Act is replaced by the following:
"Art. 227. Section 4 of the Act is replaced by the following:
Article 4. § 1^er. The treatment of the military candidate "in educational period" is reduced by an amount corresponding to a coefficient fixed by the King. This coefficient may not exceed 0.5.
By military candidate "in school training period" means:
1° the candidate officer who attends the courses of the Royal Military School, a higher industrial institute, a higher navigation school, a university for the graduation of medical, veterinary, dentist or pharmacist, or any other institution determined by the King, which provides education for access to level A;
2° the non-commissioned candidate at level B who follows the courses of a higher education institution to obtain a bachelor.
§ 2. Treatment of an officer candidate who is recruited on the basis of the provisions referred to in Article 5, § 1^er, 2°, of the Act of 28 February 2007 establishing the status of military and military candidates of the active military framework, is reduced by the same coefficient as that referred to in § 1^er until he is appointed to an officer's rank."
Art. 318. In the same Act, an article 227/1 is inserted as follows:
Art. 227/1. In Article 5, § 1^er, paragraph 2, of the same law, the words "of National Defence" are each time replaced by the words "of Defence". ".
Art. 319. Section 228 of the Act is replaced by the following:
"Art. 228. In section 9bis of the Act, inserted by the Act of 27 March 2003 and amended by the Act of 5 March 2006, the following amendments are made:
1° in paragraph 1^erParagraph 1^er, the words "in military support" are inserted between the words "in assistance" and the words "in operational engagement";
2° the article is supplemented by paragraph 4 as follows:
§ 4. The King may create an allowance to give the member the same benefits as those granted to federal public service personnel. It determines, if any, the amount and in a rule the award.
The King may grant, possibly for a limited period of time, an allowance or additional treatment to compensate for a possible loss of income or income, due to an amendment of existing monetary rights. It determines, if any lump sum, the amount and as a rule the award.
However, he may direct the Minister of Defence to establish the additional measures necessary for the enforcement of the regulations established by him.".
Art. 320. In Title IX, Chapter XIV, of the Act, an article 228/1 is inserted as follows:
"Art. 228/1. In Article 10, paragraph 1^er the same law, inserted by the law of 22 March 2001 and amended by the law of 27 March 2003, the words "or in the subheading "operational engagement" are replaced by the words "military support", or "operational engagement".
Art. 321. In the same chapter XIV, an article 228/2 was inserted as follows:
"Art. 228/2. In Article 10bis, § 1^erParagraph 1^er, from the same law, inserted by the law of 27 March 2003, the word "also" is repealed.
Art. 322. In the same chapter XIV, an article 228/3 was inserted as follows:
"Art. 228/3. In article 10ter, paragraph 2, paragraph 2, 4, of the same law, the words "or vice-leader of the defence" are repealed.
Art. 323. In the same chapter, chapter XIV, an article 228/4 is inserted as follows:
"Art. 228/4. In Article 11, § 4, of the same Act, inserted by the Act of 22 March 2001, the following amendments are made:
1st paragraph 1^er is completed by the 3rd, as follows:
"3° grant allocations to promote the retention of certain military personnel in the Armed Forces. ";
2° the paragraph shall be supplemented by a paragraph which reads as follows:
"Concerning the retention allowances referred to in paragraph 1^er3°, the King fixed:
1 the amount and the terms and conditions for granting the allowances;
2° by category of personnel, the conditions to which the military must meet in order to be taken into account for the granting of these allowances;
3° by category of personnel, the maximum number of military personnel who can benefit from it;
4° the possible terms and conditions of reimbursement if the member no longer meets the conditions laid down.".
Art. 324. In the same chapter XIV, an article 228/5 was inserted as follows:
"Art. 228/5. In Article 13ter, § 1^er, of the same Act, inserted by the Act of 29 December 2010, paragraph 1^er is replaced by the following:
"The member who is seconded pursuant to section 44 of the Act of 28 February 2007 establishing the status of the military and military candidates of the Armed Forces' active framework is no longer paid by the Defence during the period of availability or official mission. During this period, the member is in principle entitled to the monetary benefits granted by the body to which he is detached.".
Art. 325. In the same chapter XIV, an article 228/6 was inserted as follows:
"Art. 228/6. In chapter V of the Act, a section 13quater is inserted as follows:
"Art. 13quater. The member who is subject to the working regime of night watchers or teamwork, and who, as of December 31 of the year fixed by the authority that the King designates, has more than 200 hours claimed in excess that could not be recovered in time, receives for each hour beyond the 200-hour standard, an allowance of which the amount is fixed at 1/1850 of the annual gross salary that served as the basis for the calculation of the previous month."
Art. 326. In the same chapter XIV, an article 228/7 was inserted as follows:
"Art. 228/7. In article 14, paragraph 2, of the same law, the words "National Defence" are replaced by the words "Defence". ".
Art. 327. In Title IX, Chapter XV, of the Act, an article 229/1 is inserted as follows:
"Art. 229/1. Section 91 of the Defence Staff Regulations Act of 20 May 1994 is supplemented by a paragraph written as follows:
"In the course of operations and exercises carried out abroad, the State may, if exceptional circumstances warrant, take charge of compensation for damage caused to third parties by a member, when that member acted outside his or her duties. The military is obliged to reimburse the sums of which the State is concerned, in accordance with the terms fixed by the King.".
Art. 328. In the same chapter XV, an article 229/2 is inserted as follows:
"Art. 229/2. Section 95 of the Act is supplemented by a paragraph 2 which reads as follows:
"In the course of operations and exercises carried out abroad, the State may, if exceptional circumstances warrant, make available to a member the bail charges, heard within the meaning of the local law, to which the member is exposed, even if he acted outside of his duties. The military is obliged to reimburse the sums of which the State is concerned, in accordance with the terms fixed by the King.".
Art. 329. In title IX of the Act, a chapter XV/1 entitled:
"Chapter XV/1. - Amendment of the Act of 7 December 1998 organizing an integrated two-level police service".
Art. 330. In chapter XV/1, inserted by article 329, an article 229/3 is inserted as follows:
"Art. 229/3. In Article 118, paragraph 2, of the Act of 7 December 1998 organizing a two-tiered integrated police service, as amended by the Act of 16 July 2005, the words "and within the meaning of Part V, Section 3, of the Act of 28 February 2007 establishing the status of the military and military candidates of the active military framework" are inserted between the words "in the sense of the law of 16 July 2005 establishing the transfer of certain members to a public employer," and ".
Art. 331. Section 232 of the Act is repealed.
Art. 332. Section 233 of the Act is replaced by the following:
"Art. 233. In section 6 of the Act, amended by the Acts of 6 February 2003, 16 July 2005 and 20 July 2006, the following amendments are made:
(a) in paragraph 1^er5°, the words "military curse" are replaced by the word "jurisdiction";
(b) Paragraph 1^er is completed as follows:
"11° when the crisis period is decreed."
Art. 333. Section 234 of the Act is replaced by the following:
"Art. 234. In Article 11, paragraph 1^er, of the same law, amended by the law of 16 July 2005, the words "of the gendarmerie" are replaced by the words "of the integrated police service, structured at two levels". ".
Art. 334. Section 236 of the Act, replaced by the Act of 30 December 2008, is replaced by the following:
"Art. 236. The following amendments are made to section 6 of the Act of 16 May 2001 establishing the status of military personnel in the Armed Forces Reserve Framework, as amended by the Act of 30 December 2008:
1° paragraph 2 is supplemented by the words ", according to the category of personnel for which they are trained. ";
2° the article is supplemented by a paragraph written as follows:
"However, until the date that the King fixes, it must be understood by "legislative and regulatory provisions" referred to in this section, those which were applied on the eve of the implementation of the Act of 28 February 2007 establishing the status of military and military candidates of the armed forces' active framework, taking into account the modifications that these provisions would have undergone. However, section 189 of the above-mentioned law is applicable to the military of the reserve framework.".
Art. 335. In Title IX, Chapter XVIII, of the Act, an article 236/1 is inserted as follows:
"Art. 236/1. In section 56 of the Act, paragraph 2 is repealed."
Art. 336. In the same chapter XVIII, an article 236/2 was inserted as follows:
"Art. 236/2. In section 59 of the Act, the words "General officer and" are repealed."
Art. 337. In the same chapter XVIII, an article 236/3 was inserted as follows:
"Art. 236/3. In section 60 of the Act, as amended by the Acts of 30 December 2008 and 22 March 2012, the following amendments are made:
1° in paragraph 1^erthe words "of lieutenant-colonel, colonel and general staff" are replaced by the words "of lieutenant-colonel and colonel";
2° Paragraph 5 is replaced by the following:
"The officer in the rank of lieutenant, major or lieutenant-colonel, admitted with that rank in the reserve under section 10, shall be exempted from all or part of the professional tests for the advancement to the ranks respectively of captain, lieutenant-colonel or colonel."
Art. 338. In the same chapter XVIII, an article 236/4 was inserted as follows:
"Art. 236/4. Section 63bis of the Act, inserted by the Act of 30 December 2008, is repealed."
Art. 339. In the same chapter XVIII, an article 236/5 was inserted as follows:
"Art. 236/5. In chapter X of the Act, an article 68/1 is inserted as follows:
Article 68/1. Without prejudice to the application of other laws that govern the exercise of political activities and mandates, the reserve personnel are authorized to carry out any political activity or mandates, provided that the service permits and that they take place outside the periods of service within the Armed Forces.".
Art. 340. In the same chapter, an article 236/6 is inserted as follows:
"Art. 236/6. Article 72, paragraph 1^erof the same law, as amended by the laws of 16 July 2005 and 30 December 2008, is supplemented by the 6th drafted as follows:
"6° by the expiry of his or her commitment or re-engagement, if he does not subscribe to a new commitment and does not have a suspended re-engagement."
Art. 341. In the same chapter XVIII, an article 236/7 is inserted as follows:
"Art. 236/7. In section 73 of the Act, the following amendments are made:
1° Paragraph 2, inserted by the Act of 30 December 2008, is replaced by the following:
"However, where the requirements of supervision are required, the Minister of Defence may authorize a reserve member to remain or be reinstated in the reserve beyond the age specified in paragraph 1^erfor the purpose of performing recalls referred to in Article 4, 7° to 11°, or benefits referred to in Article 38 provided that their duration is less than two months on an annual basis. This reserve member can no longer be promoted to a higher rank. To this end, this reserve member signs a special commitment. The special rengagement is signed, for a period of one year, which may be renewed for successive periods of one year, or to carry out a mandate of which the reserve member is appointed by the Minister of Defence. ";
2° the article is supplemented by a paragraph 3, which reads as follows:
"Any current appointment ends straight on December 31 of the year in which the reserve member reached the age of sixty-five.".
Art. 342. In title IX, chapter XIX, of the same law, the word "abrogation" is replaced by the word "modification".
Art. 343. Section 237 of the Act is replaced by the following:
"Art. 237. Section 3 of the Act of 11 November 2002 on Auxiliary Officers of the Armed Forces is replaced by the following:
"Art. 3. The pilot auxiliary officer belongs to the industry "use of air weapon systems".
The ATC auxiliary officer belongs to the "air control" industry.
Art. 344. In Title IX, Chapter XIX, of the Act, an article 237/1 is inserted as follows:
"Art. 237/1. In section 4 of the Act, the following amendments are made:
1° in paragraph 2, as amended by the Act of 26 April 2009, the words "7 and 9, §§ 1^er, 2 and 2bis, 9bis are replaced by the words "7, 9, 9bis";
2° the article is supplemented by a paragraph written as follows:
"As long as these provisions are not inconsistent with the provisions of this Act and provided that the regulatory provisions are not inconsistent with the regulatory provisions made pursuant to this Act, section 10bis, paragraph 2, of the Act of 23 December 1955 is applicable to an auxiliary candidate pilot or ATC."
Art. 345. In the same chapter, an article 237/2 is inserted as follows:
"Art. 237/2. In Article 5, §§ 1^er and 2, paragraph 2, of the same law, as amended by the Act of 16 July 2005, the words "by target body" are replaced each time by the words "by target trades".
Art. 346. In the same chapter, chapter XIX, an article 237/3 is inserted as follows:
"Art. 237/3. In article 16 of the same law, the words "complementary officers of the body to which" are replaced by the words "of career officers of level B of the professions to which".
Art. 347. In the same chapter, an article 237/4 is inserted, as follows:
"Art. 237/4. In section 18 of the Act, the words "in the career of the body to which" are replaced by the words "as a career officer of level A of the professions to which".
Art. 348. In the same chapter, it is inserted an article 237/5, which reads as follows:
"Art. 237/5. In section 19 of the Act, the words "in the framework of complementing the body to which" are replaced by the words "as a career officer of level B of the professions to which".
Art. 349. In Title IX, Chapter XX, of the Act, an article 237/6 is inserted as follows:
"Art. 237/6. The title of the Act of 6 February 2003 relating to the voluntary resignation accompanied by a personalized programme of professional conversion for the benefit of certain military personnel and bearing social provisions is replaced by the following:
"Law of 6 February 2003 on social provisions for military personnel returning to civil life". ".
Art. 350. Section 238 of the Act is replaced by the following:
"Art. 238. Are repealed in the same Act:
Articles 2 to 6;
2° Article 7, as amended by the Act of 16 July 2005;
3° Article 8;
4° Article 9, as amended by the Act of 16 July 2005;
5° articles 10, 11 and 12;
6° Article 13, amended by the Act of 16 July 2005;
7° Articles 22 and 23. ".
Art. 351. In Title IX, Chapter XX, of the Act, an article 238/1 is inserted as follows:
"Art. 238/1. In section 26 of the Act, the words "of the program of professional conversion" are repealed.".
Art. 352. In title IX, chapter XXII, of the same law, the word "Abrogation" is replaced by the word "Modification".
Art. 353. Section 240 of the Act is replaced by the following:
"Art. 240. Sections 2 to 20 of the Act of 27 March 2003 relating to the recruitment of military personnel and the status of military musicians and amending various laws applicable to defence personnel, as amended by the Acts of 16 July 2005 and 30 December 2008, are repealed."
Art. 354. In title IX, chapter XXIII, of the same law, the word "Abrogation" is replaced by the word "Modification".
Art. 355. Section 241 of the Act is replaced by the following:
"Art. 241. In the Act of 16 July 2005 establishing the transfer of certain military personnel to a public employer, the following are repealed:
1st Article 2, amended by the laws of 27 December 2006 and 23 April 2010;
2° Article 3;
3° Article 4, amended by the Act of 5 March 2006;
4° Article 5, amended by the laws of 20 July 2006 and 20 June 2012;
5° Articles 6 to 9.".
Art. 356. In title IX, chapter XXIII, of the Act, an article 241/1 is inserted as follows:
"Art. 241/1. In section 10 of the Act, replaced by the Act of 20 July 2006, the following amendments are made:
1° in paragraph 1^er, the words "the soldiers transferred" are replaced by the words "the soldiers transferred under this Act";
2° Paragraph 6 is repealed.
Art. 357. In title IX, chapter XXIV, of the same law, the word "abrogation" is replaced by the word "modification".
Art. 358. Section 242 of the Act is replaced by the following:
"Art. 242. In the title of the Act of 5 March 2006 establishing specific provisions relating to the status of officers of the medical technical body of the medical service, the words "of the medical technical body of the medical service" are replaced by the words " belonging to the professions "medical technology"". ".
Art. 359. In title IX, chapter XXIV, of the Act, an article 242/1 is inserted as follows:
"Art. 242/1. In section 2 of the Act, the following amendments are made:
1° in paragraph 1^er, the words "of the medical technical body of the medical service" are replaced by the words "in the field of "medical technology" trades;
2° in paragraph 2, 2° to 5°, the words "to the medical technical body" are replaced by the words "to the field of "medical engineering";
3° in paragraph 2, 13°, the words "of the medical technical body" are replaced by the words " belonging to the "medical engineering" industry. ".
Art. 360. In the same chapter XXIV, an article 242/2 is inserted as follows:
"Art. 242/2. In the same Act, an article 3/1 is inserted as follows:
"Art. 3/1. An officer belonging to the "medical engineering" industry cannot be transferred at his request to another industry."
Art. 361. In the same chapter XXIV, an article 242/3 is inserted as follows:
"Art. 242/3. In Article 11, paragraph 1^er, from the same law, the words "to the medical technical body" are replaced by the words "to the field of "medical technology" trades. ".
Art. 362. In the same chapter XXIV, an article 242/4 is inserted as follows:
"Art. 242/4. In section 15 of the same law, the words "other bodies" are replaced by the words "other trades". ".
Art. 363. In the same chapter XXIV, an article 242/5 is inserted as follows:
"Art. 242/5. In section 18 of the same law, the words "other bodies" are replaced by the words "other trades". ".
Art. 364. In the same chapter, chapter XXIV, of the same law, an article 242/6 is inserted as follows:
"Art. 242/6. In the same Act, an article 21/1 is inserted as follows:
"Art. 21/1. Section 176 of the Act of 28 February 2007 establishing the status of military and military candidates of the Armed Forces' active framework does not apply to special or lateral recruitment officer candidates belonging to the "medical engineering" industry.
Art. 365. In the same chapter XXIV, an article 242/7 is inserted as follows:
"Art. 242/7. In article 32 of the same law, the words "of the medical technical body" are replaced by the words " belonging to the "medical engineering" industry. ".
Art. 366. In the same chapter XXIV, an article 242/8 is inserted as follows:
"Art. 242/8. In section 35 of the same law, the words "of the medical technical body" are replaced by the words "in the field of "medical technology" trades". ".
Art. 367. In the same chapter XXIV, an article 242/9 is inserted as follows:
"Art. 242/9. In section 36 of the same law, the words "of the medical technical body" are replaced by the words " belonging to the "medical engineering" industry. ".
Art. 368. In title IX of the Act, a chapter XXV is inserted entitled:
"Chapter XXV. - Amendment of the Act of 22 December 2008 on various provisions".
Art. 369. In chapter XXV inserted by article 368, an article 242/10 is inserted as follows:
"Art. 242/10. Section 35 of the Act of 22 December 2008 on various provisions is repealed."
Art. 370. In title IX of the Act, a chapter XXVI is inserted entitled:
"Chapter XXVI. - Amendment of the Act of 10 January 2010 establishing voluntary military engagement and amending various laws applicable to military personnel".
Art. 371. In chapter XXVI, inserted by article 370, an article 242/11 is inserted as follows:
"Art. 242/11. In the Act of 10 January 2010 establishing voluntary military engagement and amending various laws applicable to military personnel, an article 36/1 is inserted as follows:
"Art. 36/1. For health reasons and as long as the extension of the training following this adjournment does not exceed the maximum duration of the training cycle set by the King, the EVMI candidate can get an adjournment.".
Art. 372. In the same chapter XXVI, an article 242/12 is inserted as follows:
"Art. 242/12. In section 37 of the Act, the 1st is repealed."
Art. 373. In section 243 of the Act, the following amendments are made:
1° paragraph 1^er is replaced by the following:
§ 1^er. The officer and the non-commissioned officer shall be registered, as soon as this provision comes into force, in a course of business. A member who is enrolled in a trade industry may also acquire one or more skill points. ";
2° in paragraph 2, 2°, the words "in the Defence" are repealed;
Paragraph 3 is repealed;
4° in paragraph 4, the words "Registration in one" are replaced by the words "The acquisition of one";
Paragraph 5 is replaced by the following:
§ 5. The King sets out the terms of registration in the fields of trades, and the acquisition of competence poles. ".
Art. 374. Section 244 of the Act is replaced by the following:
"Art. 244. Without prejudice to the application of the provisions of Article 243, volunteers and volunteer career candidates, as well as volunteers and voluntary supplemental candidates, on service the day before the date of entry into force of this provision, are transferred to the category of staff of career volunteers. Depending on their seniority in the last grade on the eve of the date of entry into force of this provision, which is repeated in the left column of Tables I and II of Schedule A to this Act, they are, as the case may be, appointed or commissioned in the grade and have seniority in that grade corresponding to the right column of these tables. ".
Art. 375. In the same Act, an article 244/1 is inserted as follows:
"Art. 244/1. The non-commissioned officers and non-commissioned candidates on the day before the date of entry into force of this provision shall be divided into two groups:
1st non-commissioned officers and non-commissioned candidates who, on the eve of the date of entry into force of this provision, were paid on the basis of the following:
(a) Table 10 of the Royal Decree of 18 March 2003 relating to the monetary status of all-ranking military personnel and to the service plan of the active military personnel below the rank of officer;
(b) Article 2 of the Royal Decree of 6 December 2001 granting monetary benefits to certain military personnel performing paramedical functions;
2° other non-commissioned officers and non-commissioned candidates. ".
Art. 376. Section 245 of the Act is replaced by the following:
"Art. 245. Without prejudice to the application of the provisions of Article 243, the non-commissioned officers and non-commissioned candidates referred to in Article 244/1, 2° shall be transferred to the category of personnel of the non-commissioned officers. Depending on their seniority in the last grade on the eve of the date of entry into force of this provision, taken in the left column of Tables III, IV and V of Schedule A to this Act, they are, as the case may be, appointed or commissioned in the grade and have seniority in that grade corresponding to the right column of these tables. ".
Art. 377. Section 246 of the Act is replaced by the following:
"Art. 246. Without prejudice to the application of the provisions of Article 243, the non-commissioned officers and non-commissioned candidates referred to in Article 244/1, 1° shall be transferred to the category of personnel of the non-commissioned officers. Based on their seniority in the last grade on the eve of the date of entry into force of this provision, resumed in the left column of Tables VI and VII of the Schedule A to this Act, they are, as the case may be, appointed or commissioned in the rank and hold seniority in that grade corresponding to the right column of these tables. ".
Art. 378. In the same Act, an article 246/1 is inserted as follows:
"Art. 246/1. Officers and candidates serving on the eve of the date of entry into force of this provision shall be divided into two groups:
1st the officers and candidates for career officers;
2° the officers and candidates- supplemental officers."
Art. 379. Section 247 of the Act is replaced by the following:
"Art. 247. Without prejudice to the application of the provisions of section 243, officers and officers referred to in section 246/1, 1° shall be transferred to the category of staff of level A career officers with their rank and seniority in the rank that they had on the eve of the date of entry into force of this provision.
Without prejudice to the application of the provisions of Article 243, officers and officers referred to in Article 246/1, 2° shall be transferred to the category of staff of level B officers. Based on their seniority in the last grade on the eve of the date of entry into force of this provision, resumed in the left column of Tables IX and X of the Schedule A to this Act, they are, as the case may be, appointed or commissioned in the rank and hold seniority in that grade corresponding to the right column of these tables.
Officers and candidates at level B referred to in paragraph 2 shall be treated for officers and candidates at level A."
Art. 380. Section 248 of the Act is repealed.
Art. 381. In section 249 of the Act, the following amendments are made:
1° in paragraph 1^erParagraph 1^er, the words "I to XVIII" are each time replaced by the words "I to X";
2° in paragraph 1^er, paragraph 3, the words "with the exception of career non-commissioned officers who are transferred to the category of personnel of Level B non-commissioned officers according to Tables VI and VII," are inserted between the words "in advance," and the words "outstanding";
3° paragraph 1^er, is supplemented by a paragraph, which reads as follows:
"In derogation from section 37, within three years after the entry into force of this provision, the member who, on the eve of the entry into force of this provision, has not yet reached the age of 51 and who has renounced the advance, may be appointed to the higher rank provided that he meets the conditions for the grade advancement set out in this Act and to the extent that he or she has introduced this Act. ";
4° in paragraph 2, the words "transfered to a grade referred to in the right-hand column of Tables I to XVIII of Schedule A to this Act" are replaced by the words "to be transferred to a grade referred to in the right-hand column of Tables I to X of Schedule A to this Act or to be transferred under section 247, paragraph 1^er".
Art. 382. In section 250 of the Act, the words "but are transferred according to rank and seniority in the grade in which they are appointed" are repealed.
Art. 383. Section 251 of the Act is replaced by the following:
"Art. 251. Military candidates in service on the eve of the date of entry into force of this provision, referred to in the left column of Tables I to X of Schedule A to this Act and section 247, paragraph 1^er, and transferred to the corresponding rank, as the case may be, referred to in the right-hand column of the same tables I to X, are counted among volunteers, non-commissioned officers and officers according to the rank to which they are commissioned or appointed after their transfer."
Art. 384. Section 252 of the Act is repealed.
Art. 385. Section 253 of the Act is repealed.
Art. 386. Section 254 of the Act is repealed.
Art. 387. Section 255 of the Act is replaced by the following:
"Art. 255. Retains the quality of the military to the age of retirement, the member who belongs to the qualification category D under section 69, paragraph 7, to the extent that:
1° only on the effective date of this provision, as the case may be:
(a) has reached the age of 45;
(b) or has at least twenty-five years of service seniority as an active member;
2° that he has obtained at least the mention "sufficient" during his last two job evaluations and that he retains at least this mention during the subsequent post evaluations. ".
Art. 388. Section 256 of the Act is repealed.
Art. 389. Section 257 of the Act is repealed.
Art. 390. Section 258 of the Act is replaced by the following:
"Art. 258. Additional non-commissioned officers referred to in section 245, may, after transfer to the level C non-commissioned officer category, be admitted to the refresher courses referred to in section 112, paragraph 1^er.
To be able to participate in the development course referred to in section 112, paragraph 1^er1°, the non-commissioned officer referred to in paragraph 1^er shall meet the following conditions:
1° in its new status as a C-level career officer, possessing a seniority of at least five years in the rank of first sergeant or being held in a higher rank;
2° within three years after the entry into force of this provision, apply to participate in this course;
3° having not reached the age of 45 at December 31 of the year of the approval of the application to participate in this course.
The non-commissioned officer referred to in paragraph 2 shall commence the refresher course in the year of his or her approval. He cannot get an adjournment.".
Art. 391. Section 259 of the Act is repealed.
Art. 392. In section 260 of the Act, the following amendments are made:
1° paragraph 1^er is repealed;
2° Paragraph 2 is repealed.
Art. 393. Section 261 of the Act is repealed.
Art. 394. Section 262 of the Act is repealed.
Art. 395. Section 263 of the Act is replaced by the following:
"Art. 263. With the exception of military candidates referred to in section 264, military candidates who, on the date of entry into force of this provision, attend a training referred to in section 88 shall be admitted in the quality, as the case may be, of:
1st level A career candidate for normal, complementary or special recruitment, if they were, as the case may be, a career candidate for normal, complementary or special recruitment;
2° candidate level B career officer, if they were candidate complement officer;
3° C-level career non-commissioned candidate, if they were a non-commissioned career officer for normal recruitment, holders of the higher secondary school certificate or equivalent diploma or certificate;
4th Level B career non-commissioned candidate, if they were a non-commissioned career officer for special recruitment.
Volunteer career candidates retain this quality. ".
Art. 396. Section 264 of the Act is replaced by the following:
"Art. 264. The provisions that were applicable to them when they started their training, remain applicable to non-commissioned career candidates admitted to a non-commissioned school for the purpose of obtaining a diploma in higher secondary education, non-commissioned candidates, and volunteer candidate for supplement.
On the day they successfully complete their training cycle, the candidates referred to in paragraph 1^er obtain, as the case may be:
1° the quality of a C-level career officer if they were a non-commissioned candidate;
2° the quality of a career volunteer, if they were a volunteer candidate for supplement.".
Art. 397. Section 265 of the Act is replaced by the following:
"Art. 265. With the exception of military candidates referred to in sections 263 and 264, military candidates who undergo training referred to in sections 114 and 115 on the date of entry into force of this provision shall be admitted in the quality, as the case may be, of:
1st level A career officer candidate, if they were a career officer candidate;
2° candidate level B career officer, if they were candidate complement officer;
3° C-level career non-commissioned candidate, if they were a non-compliant or career non-commissioned candidate. ".
Art. 398. Section 266 of the Act is repealed.
Art. 399. Section 267 of the Act is repealed.
Art. 400. Section 268 of the Act is repealed.
Art. 401. Section 269 of the Act is repealed.
Art. 402. Section 270 of the Act is replaced by the following:
"Art. 270. The military candidate who, on the date of entry into force of this provision, is trained for admission to another category of staff, continues to be trained in accordance with the provisions of Section 4 of Chapter II of Part III."
Art. 403. In section 271 of the Act, the words "articles 263 to 270" are replaced by the words "articles 263 and 270" and the words "in tables I to XVIII" are replaced by the words "in tables I to X".
Art. 404. In the same Act, an article 271/1 is inserted as follows:
"Art. 271/1. Members who have introduced a nomination for a voluntary resignation with a personalized program of professional conversion, for use or for transfer, prior to the date of entry into force of this Act, shall remain subject to the provisions in force on the day before that date. ".
Art. 405. In the same Act, an article 271/2 is inserted as follows:
"Art. 271/2. At the date of entry into force of this provision, each member is expected to belong to the category of fitness A in respect of the assessment of the position and appreciation of the physical fitness.
In addition, from the date of entry into force of this provision and in derogation from section 69, each member remains in fitness category A for a period of five years in respect of fitness. ".
Art. 406. In the same law, an article 271/3 is inserted as follows:
"Art. 271/3. Until the date on which the King sets out, the provisions relating to bodies and specialties, such as these were applicable on the eve of the date of entry into force of this provision, may continue to be applied, provided that this is necessary for the organization of progress committees.".
Art. 407. In the same Act, an article 271/4 is inserted as follows:
"Art. 271/4. The King sets the transitional measures for the application of Article 139/1, paragraph 2, 2°. ".
Art. 408. In the same law, an article 271/5 is inserted as follows:
"Art. 271/5. The King is empowered, by royal decree deliberated in the Council of Ministers, to amend or replace the provisions of this Act granting authorization to the Minister of Defence, in order to assign them to an authority designated by him.
Enabling the King by paragraph 1^er expires 30 April 2014. ".
Art. 409. In the same Act, Schedule A is replaced by Schedule 1 attached to this Act.
Art. 410. In the same Act, Schedule B is replaced by Schedule 2 attached to this Act.
PART 8. - Entry into force
Art. 411. Sections 4, 5 and 10 of this Act produce their effects on 1^er January 2013.
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 Brussels on 31 July 2013.
PHILIPPE
By the King:
Minister of Defence,
P. DE CREM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
Session 2012-2013
House of Representatives
Parliamentary documents: Bill No. 53-2879/1. - Annex No. 53-2879/2. Amendments 53-2879/3 and 53-2879/4. Text adopted by Commission No. 53-2879/6.
Parliamentarians: Text adopted in plenary on July 17, 2013 and transmitted to the Senate on July 17, 2013.
Senate
Parliamentary documents: Bill No. 53-2217/1.
Annales parlementaire : Text adopted in plenary on 18 July 2013.

Annex 1^re to the Act of 31 July 2013 amending the Act of 28 February 2007 establishing the status of members of the armed forces
Annex A to the Act of 28 February 2007 establishing the status of military personnel and military candidates in the Armed Forces Active Framework
Table I - Transfer of career volunteer and career volunteer candidates to career volunteer staff

(a) With the seniority in the rank he was wearing on the eve of the entry into force of the transitional provisions.

Table II - Transfer of voluntary supplemental candidates and complementary volunteers to the category of staff of career volunteers

(a) With the seniority in the rank he was wearing on the eve of the entry into force of the transitional provisions.

Table IV - Transfer of career non-commissioned candidates and career non-commissioned officers referred to in section 244/1, 2°, to the C-level career non-commissioned personnel category

(x) The rank and seniority in the rank of the career non-commissioned officer who, after taking part in the first sergeant-major's accession test, did not pass the examination or renounced the participation in the examination on the eve of the effective date of section 245, are those set out in table IV/1.
(a) With the seniority in the rank he was wearing on the eve of the entry into force of the transitional provisions.

Table IV/1 -Transfer of career non-commissioned officers referred to in section 244/1, 2°, who, after taking part in the first-ranking sergeant-major, did not pass this examination or who renounced participation in this examination, in the category of staff of C-level non-commissioned officers

Table VI - Transfer of non-commissioned supplemental candidates and non-commissioned supplemental officers referred to in section 244/1, 2°, to the C level of non-commissioned officers

(a) With the seniority in the rank he was wearing on the eve of the entry into force of the transitional provisions.

Table VIII - Transfer of career non-commissioned candidates and career non-commissioned officers referred to in section 244/1, 1°, to level B career non-commissioned personnel

(a) With the seniority in the rank he was wearing on the eve of the entry into force of the transitional provisions.
(c) However, the career non-commissioned officer referred to in section 244/1, 1°, who, after taking part in the first sergeant-major's accession test, failed to pass the examination or who renounced the participation in the examination on the eve of the effective date of section 246, may again be appointed to the rank of first sergeant-major at the date of entry into force of section 246. However, it can no longer be appointed to the rank of alderman or to the higher rank. The rank and seniority in the rank of these career non-commissioned officers are those set out in Table VIII/1.
(d) The career non-commissioned officer referred to in section 244/1, 1°, who, on the eve of the effective date of section 246, has at least passed the preparatory course for the qualification examination at the rank of Chief Warrant Officer, is immediately appointed, on the date of entry into force of section 246, to the rank of Level B Adjudant as high as the corresponding grade in that grade,
(e) The career non-commissioned officer referred to in section 244/1, 1°, who, on the eve of the effective date of section 246, meets the conditions for the advancement of the rank of deputy-major referred to in this Act, may be appointed to the rank of deputy-major of level B, as long as it is, to the first advance committee for the candidates adjudant-major who follow the date of In this case, it is exceptionally conferred upon it the rank of deputy general staff with the corresponding seniority in this grade, fixed in column 2.

Table VIII/1- Transfer of career non-commissioned officers referred to in section 244/1, 1°, who, after taking part in the first sergeant-major, did not pass the examination or renounced the participation in the examination, in the category of staff of the B-level career non-commissioned officers


Table IX - Transfer of Professional Officers and Career Officers from Regular, Complementary or Special Recruitment to Level A Career Officers

(a) With the seniority in the rank he was wearing on the eve of the entry into force of the transitional provisions.

Table X - Transfer of Supplemental Officers and Supplemental Officers other than Table X/1 to Level B Career Officers

(a) With the seniority in the rank he was wearing on the eve of the entry into force of the transitional provisions.

Table X/1 - Transfer of Supplemental Officers and Supplemental Officers to Air Force Staff in Level B Career Officers

(a) With the seniority in the rank he was wearing on the eve of the entry into force of the transitional provisions.

Annex 2 to the Act of 31 July 2013 amending the Act of 28 February 2007 establishing the status of military personnel in the Armed Forces active framework
Annex B to the Act of 28 February 2007 establishing the status of military personnel and military candidates of the active military framework
TABLE A

(1) Officers from the Faculty of Social and Military Sciences of the Royal Military School or equivalent level in a civil institute.
(2) Officers from the Royal Military School Polytechnic Faculty or equivalent level in a civil institute.
(3) Officers from a higher industrial institute. 4 years: Flemish community; 5 years French community.
(4) Officers from the High School of Navigation.
(5) Pharmaceutical and Dental Officers.
(6) Veterinary officers.
(7) Medical Officers. From the academic year 2012. Before the academic year 2012: 7 years.
(8) Auxiliary officers (...).
(9) Officers of level B, candidate Officers of level A reclassified (detention of a bachelor obtained as candidate officer of normal recruitment).
(10) Officers of level B of special recruitment
(11) Career non-commissioned officers from a non-commissioned school.
(12) Quarry Officers of Level B of Normal Recruitment (Cachelor's Degree) - Candidat Reclassified Career Officer (after graduating a bachelor and following failure at the SLt Language Examination)
(13) Assistant non-commissioned non-commissioned officers.
(14) Complementary training as defined in Article 179, § 1^erThree.
(*) The career and/or complement officer who successfully completed a light aviation pilot or pilot training for marine aircrew personnel or who obtained the senior pilot patent or the ATC patent, sees its increased performance period of 3 years.
(**) For the officer from the complementary recruitment, it is only taken into account the number of successful years as a career officer.
(***) With a minimum yield period of 3 years.
TABLE B

TABLE C

TABLE D

TABLE E
Table E1: Pilot who has completed a "Multi Engine IFR" training at the Defence expense and who obtains a pilot rating on another aircraft of the type of transport that was originally formed

Table E2: Pilot who has completed a "Multi Engine IFR" training at its expense and who obtains a pilot rating on another aircraft of the type of transport that was originally formed

Table E3: Qualified pilot on a transport type aircraft that obtains a pilot rating on another aircraft of the same type

TABLE F1

TABLE F2