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7 MAI 2013. - An Act to approve the Exchange of Letters between the Kingdom of Belgium and the North Atlantic Treaty Organization concerning the opening and operation of a pharmacy on the permanent seat of the North Atlantic Treaty Organization, signed in Brussels on 3 February 2009 and 3 March 2009 (1) (2)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Exchange of Letters between the Kingdom of Belgium and the North Atlantic Treaty Organization concerning the opening and operation of a pharmacy on the permanent seat of the North Atlantic Treaty Organization, signed in Brussels on February 3, 2009 and March 3, 2009, will come out its full and complete effect.
Art. 3. An existing pharmacy, in accordance with Article 4, § 3, of Royal Decree No. 78 of 10 November 1967 concerning the exercise of health care professions, may be moved to the headquarters of the North Atlantic Treaty Organization.
The Minister who has the Public Health in his or her powers grants authorization for the transfer after the reasoned notice of the implantation commission.
The transfer authorization is granted provided that, according to the criteria in force to organize the distribution of pharmacies, there is no possibility of opening a pharmacy in the municipality from which the transfer request originates.
This establishment is not taken into account for the application of the criteria for organizing a distribution of pharmaceuticals, established pursuant to Article 4, § 3, 1°, paragraph 4, of Royal Decree No. 78 of 10 November 1967 concerning the exercise of health care professions.
Art. 4. The application is sent by registered letter to the Minister who has Public Health in his or her duties on the form issued to that effect by the Federal Health Agency.
The applicant must provide evidence that he or she may have the location on the North Atlantic Treaty Organization headquarters at the time the authorization is issued.
If several requests are introduced, they will be processed in chronological order.
The date of the position will determine the order of the application.
Art. 5. The request is admissible only if:
- the application form referred to in section 4 is properly completed;
- the applicant is the legal holder of the pharmacy authorization;
- the evidence is provided that the applicant may have the location of the facility in accordance with section 4.
Art. 6. The examination of the application shall be carried out in accordance with the rules established by Article 4, § 3, of Royal Decree No. 78; the request will not be made known and only the advice of the pharmaceutical inspector of the Federal Health Agency will be requested.
Retribution due is equal to that due to a merger of pharmacies.
Art. 7. Belgian legislation, including all enforcement orders, is applicable to this pharmacy with the exception of the obligation to participate in the custody service, as provided for in article 9 of Royal Decree No. 78 pre-mentioned.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 7 May 2013.
ALBERT
By the King:
Deputy Prime Minister and Minister for Foreign Affairs,
D. REYNDERS
Deputy Prime Minister and Minister of Social Affairs,
Ms. L. ONKELINX
Minister of Defence,
P. DE CREM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) Session 2011-2012.
Senate
Documents. - Bill tabled on 10 September 2012, No. 5-1788/1.
Session 2012-2013.
Senate
Documents. - Report, no. 5-1788/2.
Annales parliamentarians. - Discussion and voting. Session of November 8, 2012.
House of Representatives
Documents. - Project transmitted by the Senate, No. 53-2501/1. - Report made on behalf of the commission, No. 53-2501/2. - Text corrected by the commission, no. 53-2501/3. - Text adopted in plenary and subject to Royal Assent, No. 53-2501/4.
Annales parliamentarians. - Discussion. Session of December 19, 2012. - Vote. Session of December 20, 2012.
(2) This treaty comes into force on 1^erAugust 2013.
Exchange of letters between the Kingdom of Belgium and the North Atlantic Treaty Organization concerning the opening and operation of a pharmacy on the permanent seat of the North Atlantic Treaty Organization
Brussels, 3 February 2009
Excellency,
I have the honour to refer to the desire of the North Atlantic Treaty Organization (NATO) to establish a pharmacy at its permanent headquarters in Evere.
In order to make possible the opening of such a pharmacy, I have the honour to propose to you the following provisions:
1. A pharmacy can be transferred to the permanent NATO headquarters in Evere, in derogation from Belgian law on this matter. This pharmacy will be exploited in accordance with Belgian legislation.
2. The pharmacy will be accessible to all people who have access to NATO's permanent headquarters.
3. The pharmacy referred to in paragraph 1 of this letter is exempt from the obligations provided for in Belgian legislation with regard to custodial roles.
4. For the purpose of exercising the control provided for in the Belgian legislation in force with respect to the operation of a pharmacy, NATO, upon request of the Belgian Permanent Representation to NATO, permanently authorizes and at the first request access to the part of its permanent seat where the pharmacy is being exploited to persons designated by the competent Belgian authorities, provided that the interests of NATO are not questioned.
5. The provisions of this letter do not prejudice the Convention on the Status of the North Atlantic Treaty Organization, national representatives and international staff signed in Ottawa on 20 September 1951.
6.1. All disputes relating to the application or interpretation of the provisions of this letter that have not been resolved through direct consultation between the Kingdom of Belgium and NATO (hereinafter the Parties) may be submitted by one of the Parties to an arbitration procedure with three members.
6.2. The Belgian government and NATO each designate a member of the arbitral tribunal.
6.3. The members so designated choose a president.
6.4. If members fail to agree on the person of the President, the President shall be appointed at the request of the members of the arbitral tribunal by the President of the International Court of Justice.
6.5. A Party shall file an application with the arbitral tribunal through an application.
6.6. The arbitral tribunal itself sets its own procedure.
7. Each Party shall notify the other Party of the fulfilment of the constitutional and legal internal procedures required by its legislation for the implementation of the provisions of this letter.
8. The provisions of this letter may be reviewed at the request of one of the Parties.
I have the honour to propose that this letter and your letter of reply, confirming the approval of its content, constitute an agreement between the Kingdom of Belgium and the North Atlantic Treaty Organization, and that this agreement enters into force on the first day of the second month following the date of exchange of the last notification of the completion of the required constitutional and legal internal procedures under Article 7. Please accept, Madam Minister, the expression of my high consideration.
Jaap de Hoop Scheffer,
Secretary-General
Brussels, 3 March 2009
Mr. Secretary-General,
I have the honour to acknowledge receipt of your letter of February 3, 2009, which reads as follows:
"I have the honour to refer to the desire of the North Atlantic Treaty Organization (NATO) to establish a pharmacy at its permanent headquarters in Evere.
In order to make possible the opening of such a pharmacy, I have the honour to propose to you the following provisions:
1. A pharmacy can be transferred to the permanent NATO headquarters in Evere, in derogation from Belgian law on this matter. This pharmacy will be exploited in accordance with Belgian legislation.
2. The pharmacy will be accessible to all people who have access to NATO's permanent headquarters.
3. The pharmacy referred to in paragraph 1 of this letter is exempt from the obligations provided for in Belgian legislation with regard to custodial roles.
4. For the purpose of exercising the control provided for in the Belgian legislation in force with respect to the operation of a pharmacy, NATO, upon request of the Belgian Permanent Representation to NATO, permanently authorizes and at the first request access to the part of its permanent seat where the pharmacy is being exploited to persons designated by the competent Belgian authorities, provided that the interests of NATO are not questioned.
5. The provisions of this letter do not prejudice the Convention on the Status of the North Atlantic Treaty Organization, national representatives and international staff signed in Ottawa on 20 September 1951.
6.1. All disputes relating to the application or interpretation of the provisions of this letter that have not been resolved through direct consultation between the Kingdom of Belgium and NATO (hereinafter the Parties) may be submitted by one of the Parties to an arbitration procedure with three members.
6.2. The Belgian government and NATO each designate a member of the arbitral tribunal.
6.3. The members so designated choose a president.
6.4. If members fail to agree on the person of the President, the President shall be appointed at the request of the members of the arbitral tribunal by the President of the International Court of Justice.
6.5. A Party shall file an application with the arbitral tribunal through an application.
6.6. The arbitral tribunal itself sets its own procedure.
7. Each Party shall notify the other Party of the fulfilment of the constitutional and legal internal procedures required by its legislation for the implementation of the provisions of this letter.
8. The provisions of this letter may be reviewed at the request of one of the Parties.
I have the honour to propose that this letter and your letter of reply, confirming the approval of its content, constitute an agreement between the Kingdom of Belgium and the North Atlantic Treaty Organization, and that this agreement enters into force on the first day of the second month following the date of exchange of the last notification of the completion of the required constitutional and legal internal procedures under Article 7. Please accept, Madam Minister, the expression of my high consideration. »
I have the honour to inform you of the acceptance by the Kingdom of Belgium of the provisions contained in your letter which, with this response, constitutes an agreement between the Kingdom of Belgium and NATO on the opening and operation of a pharmacy on the permanent seat of NATO.
Please accept, Mr. Secretary General, the assurance of my high consideration.
Mrs. L. ONKELINX,
Deputy Prime Minister
Minister of Social Affairs and Public Health