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21 DECEMBER 2012. - Act enacting the Agreement on Cooperation of 17 October 2011 between the Federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region on the Registration, Evaluation and Authorization of Chemicals and the Restrictions Applicable to Chemicals (REACH) (1)

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. Assent is given to the Agreement on Cooperation of 17 October 2011 between the Federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region on the Registration, Evaluation and Authorization of Chemicals and the Restrictions Applicable to Chemicals (REACH), attached to this Act.
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 21 December 2012.
ALBERT
By the King:
Deputy Prime Minister and Minister of Finance and Sustainable Development, Public Service,
S. VANACKERE
Deputy Prime Minister and Minister of Economy, Consumers and the North Sea,
J. VANDE LANOTTE
Deputy Prime Minister and Minister of the Interior and Equal Opportunities,
Ms. J. MILQUET
Deputy Prime Minister and Minister of Social Affairs and Public Health, in charge of Beliris and Federal Cultural Institutions,
Ms. L. ONKELINX
The Minister of Employment,
Ms. M. DE CONINCK
The Secretary of State for Environment, Energy and Mobility,
Mr. WATHELET
Seal of the state seal:
For the Minister of Justice, absent:
Minister of Pensions,
A. DE CROO
___
Note
Documents of the House of Representatives:
53-2259 - 2012/2013:
001: Bill.
002: Report.
003: Text adopted in plenary and transmitted to the Senate.
Full report: 18 October 2012.
Documents of the Senate:
5-1812 - 2012/2013:
No. 1: Project transmitted by the House of Representatives.
Number two: Report.
No. 3: Text adopted in plenary and subject to Royal Assent.
Annales of the Senate: November 29, 2012.

17 OCTOBER 2011. - Agreement on Cooperation between the Federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region on the Registration, Evaluation and Authorization of Chemicals and the Restrictions on Chemicals (REACH)
Having regard to Article 39 of the Constitution;
Considering the special law of 8 August 1980 of institutional reforms, Article 92bis, §§ 1^er5 and 6, inserted by the special law of 8 August 1988 and amended by the special law of 16 July 1993;
Having regard to the special law of 12 January 1989 on Brussels institutions, as amended by the special law of 16 July 1993, articles 4 and 42;
Considering the General Act of 18 July 1977 on Customs and Access;
Having regard to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the registration, assessment and authorization of chemical substances and the restrictions applicable to such substances (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Regulation (EEC) No 793/93 of the Council and Regulation (EC) No. 1488/94 of the Commission as well
Having regard to Commission Regulation (EC) No. 340/2008 of 16 April 2008 on royalties and fees due to the European Chemicals Agency pursuant to Regulation (EC) No. 1907/2006 of the European Parliament and the Council concerning the registration, assessment and authorization of chemical substances, as well as the restrictions applicable to these substances (REACH);
Considering Commission Regulation (EC) No. 440/2008 of 30 May 2008 establishing test methods in accordance with Regulation (EC) No. 1907/2006 of the European Parliament and Council concerning the registration, assessment and authorization of chemical substances, as well as the restrictions applicable to such substances (REACH);
Having regard to Council Regulation (EEC) No. 2913/92 of 12 October 1992, establishing the Community Customs Code;
In view of the decision of the Interdepartmental Conference of the Environment, extended for REACH on 22 October 2008, to develop a cooperation agreement for REACH;
Considering that the enforcement of the provisions of the above-mentioned Regulation (EC) No 1907/2006 is shared between the federal authority, the regional authorities and the authorities of the Communities;
Considering that the enforcement of certain provisions of these Regulations is exclusively within federal or regional jurisdictions or those of the Communities;
Considering that the parties to this Agreement undertake to ensure with the Communities the execution of Article 123 of Regulation (EC) No 1907/2006 as part of the cooperation agreement of 10 December 2003 between the Federal State, the Flemish Community, the French Community, the German-speaking Community, the Joint Community Commission, the French Community Commission, the Flemish Region, the Walloon Region and the Brussels-Capital Region
Considering the specificity and complexity of activities during the execution and control of the provisions of Regulation (EC) No 1907/2006 and the interactions and links between the activities of the various competent authorities;
Considering that it is therefore timely to settle the joint execution of the specific competences of the federal and regional authorities and the competences of the Communities in a cooperation agreement in order to implement the coordinated and effective implementation of the provisions of Regulation (EC) No 1907/2006, in accordance with Article 92 bis, § 1^erthe special law of 8 August 1980 of institutional reforms;
Considering that the implementation of Regulation (EC) No 1272/2008 of the European Parliament and Council of 16 December 2008 on the classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC and amending Regulation (EC) No 1907/2006 is bound to Regulation (EC) No 1907/2006;
The Federal State, represented by the Minister of Finance, the Minister of Public Health, the Minister of Employment, the Minister of Climate and Energy, and the Minister for Business and Simplification;
The Flemish Region, represented by the Flemish Government, in the person of its Minister-President and the Minister of the Environment;
The Walloon Region, represented by the Walloon Government, in the person of its Minister-President and the Minister of the Environment;
The Brussels-Capital Region, represented by the Government of Brussels-Capital in the person of its Minister-President and the Minister of the Environment;
Jointly exercising their own skills, agreed as follows:
CHAPTER 1^er. - Definitions
Article 1^er. For the purposes of this cooperation agreement:
1° REACH Regulation: Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the registration, evaluation and authorization of chemical substances and the restrictions applicable to these substances (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Regulation (EC) No 1488/94
2° CLP Regulation: Regulation (EC) No 1272/2008 of the European Parliament and Council of 16 December 2008 on the classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC and amending Regulation (EC) No 1907/2006;
3° the Agency: the European Chemicals Agency established by section 75 of the REACH Regulations, including its bodies in accordance with section 76 of the Regulations;
4° Competent authority: the authority referred to in section 121 of the REACH Regulations, and designated in section 5, whose tasks are defined in sections 5 and 6;
5° REACH Committee: the instance of cooperation between the parties to this Agreement, with respect to the implementation of REACH Regulation, established by Article 3, § 3, and whose tasks are defined in Article 9;
6° REACH Scientific Committee: the Scientific Advisory Committee established by Article 3, § 3, whose tasks are defined in Article 12;
7° REACH National Forum: the Forum established by Article 3, § 3, whose tasks are defined in Article 17;
8° CIE REACH: The Interdepartmental Conference of the Environment established by a decision of the Committee of Concertation, extended to the federal Minister with Health in his or her duties, to the federal Minister with Labour in his or her duties and to the federal Minister with Economy in his or her duties. CIE REACH is chaired by the federal Minister with the Environment in his or her responsibilities;
9° National Helpdesk: the technical assistance service referred to in section 124, second paragraph of REACH Regulation.
CHAPTER 2. - Coordinated execution of REACH Regulation
Section 1^re. - General provisions
Art. 2. This cooperation agreement organizes the coordinated execution of the REACH Regulation by the Federal State, the Flemish Region, the Brussels-Capital Region and the Walloon Region.
Art. 3. § 1^er. The coordinated execution of the REACH Regulations is:
1. Belgium ' s rights and obligations under the procedures established by the REACH Regulation concerning:
a. exemption from the general requirement for registration for product- and process-based research and development activities referred to in section 9, paragraph 8, of the REACH Regulations;
b. information in the supply chain referred to in sections 31 and 36, first paragraph, of the REACH Regulations;
c. the assessment of records and substances referred to in sections 42, second paragraph, 44, first paragraph, 45, second and fourth paragraph, 46, 48, 49, 50, 51, second paragraph, and 52, first paragraph, of REACH Regulations;
d. the authorizations referred to in sections 59, third and fifth paragraphs, and 66, second paragraph, of REACH Regulations;
e. restrictions applicable to the manufacture, marketing and use of certain hazardous substances and mixtures and certain dangerous articles, referred to in sections 67, third paragraph, 69, fourth paragraph, and 72, third paragraph, of REACH Regulations;
f. royalties referred to in section 74, fourth paragraph, of the REACH Regulations;
g. the execution, referred to in sections 125 and 126 of the REACH Regulations;
h. the preparation of the report referred to in section 117, first paragraph, of the REACH Regulations;
2° the designation of the competent authority pursuant to sections 121 and 122 of the REACH Regulations, and the assignment of its tasks;
3° with respect to the composition of Agency bodies:
a. a member's proposal for the board of directors pursuant to section 79, first paragraph, of the REACH Regulations;
b. the appointment of a member to the Committee of Member States in accordance with Article 85, paragraph 3, of the REACH Regulations, and the proposal of member candidates for the Risk Assessment Committee and the Socio-Economic Analysis Committee, pursuant to Article 85, first and second paragraph, of the REACH Regulations;
c. the appointment of a member to the Forum in accordance with section 86, first paragraph, of the REACH Regulations;
4° the expert proposal, in accordance with Article 87, second paragraph, of REACH Regulation;
5° the exchange of information between the parties to this Agreement;
6° the coordination and support of the activities of the Belgian members of the Agency's committees and of the Belgian member of the Agency's Forum, in accordance with Article 85, 5 and 6, and Article 86, 2 and 3, of the REACH Regulations;
7° any other issue that requires a coordinated approach.
§ 2. The parties to this Agreement shall coordinate the development of an integrated control policy for chemicals throughout their life cycle, from their manufacture or introduction to Belgium to the stage of their use, and shall exchange information for this purpose on the occasion of the implementation of Article 125 of the REACH Regulation.
§ 3. For the coordinated implementation of the REACH Regulation, REACH Committee, REACH Scientific Committee and REACH National Forum are established.
Art. 4. § 1^er. The persons designated by the federal and regional authorities, responsible for the implementation of REACH Regulations and the REACH Scientific Committee members, shall be held vis-à-vis third parties by the professional secrecy, including confidential data under the applicable law relating to public advertising and public access to environmental information. The REACH Committee sets out the procedures and measures necessary to secure data exchange.
§ 2. Persons referred to in paragraph 1^er, responsible for the implementation of the REACH Regulation, exchange information with each other for the execution of this agreement. Within the REACH Committee it is defined and agreed what this information includes, and how the exchange is organized.
This information includes at least:
- any relevant non-public information necessary for regional services, which must be able to judge the correct use of chemical substances, among other things within the framework of environmental permits, as well as the relevant usage, production, emission and non-mission data, which the Regions hold, which are necessary under the REACH Regulations;
- the exposure data of workers made anonymous, held by the Federal Public Service for Employment, Labour and Social Concertation;
- the data that the Customs and Accises Administration, as part of the application of Article 19, § 4, holds.
§ 3. Confidential information within the meaning of the REACH Regulations, obtained during inspections, is exchanged during the investigation only between inspection services within the meaning of Article 15, § 4, provided that they can demonstrate the need for this exchange and that the possibility of applying sanctions is not jeopardized.
§ 4. The public administration and access legislation to the environmental information of the federal and regional state applies, as appropriate, to the documents available to REACH Committee, REACH Scientific Committee and REACH National Forum.
Section 2. - The Competence Authority, the REACH Committee, the REACH Scientific Committee, the REACH National Forum, and the National Helpdesk
Sub-section 1^re. - The Autorité Compétente
Art. 5. Within the Directorate General Environment of the Federal Public Service Public Health, Safety of the Food Chain and Environment, the Autorité Compétente is designated by the competent contracting party., The Autorité Compétente is responsible for coordinating the tasks assigned by the REACH Regulation to the competent authorities and Member States, and responsible for the collaboration with the European Commission, the Agency and the competent authorities of the other Member States of the European Union, in accordance with the REACH Regulation.
In order to be able to properly carry out its tasks under the REACH Regulation, the Autorité Compétente coordinates the execution of these tasks by the federal and regional authorities, with the exception of what is within the competence of the REACH Committee and the REACH National Forum.
Art. 6. The Autorité Compétente carries out the following tasks:
1° the coordination of the activities of the REACH Committee and the REACH Scientific Committee;
2° the filling of the secretariat of the REACH Committee, the REACH Scientific Committee and the open meetings of the REACH National Forum;
3° the maintenance of communication with the European Commission and the Agency, within the meaning of the specific provisions of the REACH Regulation, as well as with regard to the European meetings to which the Autorité Compétente participates;
4° ensure access to information regarding the execution of REACH Regulations and in particular access to information that is available in the databases referred to in Article 77, second paragraph (e), of REACH Regulations, in a manner that is appropriate in the REACH Committee, and taking into account the requirements and circumstances on which the Competing Authority has not taken place;
5° the administration of a common website dedicated to the REACH Regulation;
6° the implementation of any other task that the REACH Committee entrusts to it in the manner it determines.
Sub-section 2. - The REACH Committee
Art. 7. § 1^er. The composition of the REACH Committee is as follows:
1° the president;
2° the person designated within the Risk Control Service, which represents the federal jurisdiction for the Environment;
3° the person designated within the Risk Control Service, which represents the federal jurisdiction for Public Health;
4° the person designated within the Federal Public Service Employment, Labour and Social Concertation;
5° the person designated within the Federal Public Service Economy, P.M.E., Average Classes and Energy;
6° the person designated within the Department "Leefmilieu, Natuur en Energie van de Vlaamse overheid" of the Flemish Region;
7° the person designated within the Brussels Institute for Environmental Management of the Brussels-Capital Region;
8° the person designated within the Directorate General Agriculture, Natural Resources and Environment of the Walloon Region.
§ 2. Members of the REACH Committee are designated by the respective federal and regional executive authorities.
For each effective member, an alternate is designated by the respective federal and regional executive authorities.
The term of office of the actual and alternate members is five years.
Any member who does not complete his or her term is replaced as soon as possible.
Actual and alternate members may participate together in REACH Committee meetings. An effective member and alternate member may, together, represent only one position in the decisions referred to in paragraph 4.
§ 3. The REACH Committee may establish working groups to which it may assign tasks and report to it, in particular to carry out Article 3, § 2. Proposals for possible decisions of working groups are submitted for approval by the REACH Committee.
§ 4. The REACH Committee shall take decisions by consensus among the members present.
§ 5. The REACH Committee takes into consideration, when making its decisions, when relevant, the objective that the risks resulting from substances of extreme concern will be validly controlled and that these substances will be progressively replaced by other appropriate substances or technologies, where they are economically viable and technically enforceable.
§ 6. The chair of the REACH Committee is exercised by the head of the Autorité Compétente or its delegate.
§ 7. As long as, on the basis of paragraphs 1^er and 2, they are not yet part of the REACH Committee, can be present as an observer:
1° the Belgian member of the Committee of Member States of the Agency,
2° the Belgian members of the Agency's Risk Assessment Committee,
3° Belgian members of the Agency's Socio-Economic Analysis Committee,
4° the Belgian member of the Agency's Board of Directors,
5° the Belgian representative of the Agency Forum,
6° a staff member of the Customs and Accises Administration,
7° other experts at the request of a member with the approval of the REACH Committee,
8° a representative of the National Helpdesk referred to in Article 17.
§ 8. The REACH Committee secretariat is provided by the Autorité Compétente.
The Secretary is not a staff member referred to in paragraphs 1^er and 2.
Art. 8. The REACH Committee shall establish its rules of procedure within three months of the entry into force of this Agreement.
The rules of procedure shall contain at least the following:
1° the deliberation and decision procedure where the possibility of a written decision procedure is provided;
2° collaboration with the Autorité Compétente, the Scientific Committee REACH and the National Forum REACH;
3° the procedures for the representation of Belgium in the meetings of the Committee referred to in Article 133 of the REACH Regulation;
4° procedures for the participation of stakeholders in the discussions on certain agenda items, as well as other stakeholders, at the initiative of the President.
Art. 9. § 1^er. The REACH Committee shall:
1° formulate a draft proposal, designation or appointment of Belgian members of the Agency's bodies, referred to in Article 3, § 1^erThree.
The REACH Committee submits to CIE REACH for ratification, these draft proposals, designation or appointment of Belgian members of the Agency's bodies.
If the REACH Committee fails to formulate a collective proposal, it submits the various proposals to the REACH CIE;
2° the knowledge, commentary and positioning of the Agency's draft decisions regarding the exemption from the general requirement of registration for product- and process-based research and development activities, pursuant to section 9, paragraph 8, of the REACH Regulations;
3° the knowledge of the information that the manufacturer, importer, downstream user or distributor has collected to fulfill its obligations under the REACH Regulations and to which it provides the availability for a period of not less than ten years after the date on which it has manufactured, imported, supplied or used for the last time the substance, such as it or contained in a mixture, pursuant to section 36 REACH,
4° the position on the assessment of substances, pursuant to Article 44, first paragraph, Article 46, first and third paragraph, Article 48, Article 49, Article 50, first and fourth paragraph, Article 51, second paragraph, and Article 52 of REACH Regulation, and the agreement given when one of the parties to this Agreement, in accordance with Article 45, RE§ 2 and 4
5° the position on matters relating to the identification of substances of extreme concern pursuant to section 59, fifth paragraph, of the REACH Regulations and give an agreement when one of the parties to this Agreement wishes to prepare a record in accordance with Annex XV of the REACH Regulations pursuant to section 59, third paragraph, of the REACH Regulations;
6° the position on records relating to the restrictions applicable to the manufacture, marketing and use of certain hazardous substances and mixtures and certain dangerous items, pursuant to section 67, third paragraph, of the REACH Regulations and give an agreement when one of the parties to this Agreement wishes to prepare a record in accordance with Schedule XV of the Regulations, pursuant to section 69, fourth paragraph, of the REACH Regulations;
7° the designation of a Belgian official representative for each Committee meeting within the meaning of Article 133 of the REACH Regulation.
The Belgian official representative prepares the Belgian position and establishes it by coordination within the REACH Committee;
8° the consultation with the REACH National Forum on aspects that are considered to be of common interest, and the formulation of a notice to the attention of the Forum on the National Control Plan;
9° the proposal of REACH Scientific Committee members to cover as many areas of expertise as possible, referred to in Article 10 § 1^er;
10° the development of the list of experts who are willing to sit in the working groups of the committees pursuant to Article 87, § 2, of the REACH Regulation;
11° agrees with respect to the exchange of information referred to in Article 4, § 2;
12° propose amendments to this Agreement;
13° provide for an exchange of information between the parties concerned on the policy of chemical substances in facilities subject to environmental permits.
§ 2. The REACH Committee is informed of proposals for harmonization of classifications and labelling, in particular pursuant to sections 36 to 38 of the CLP Regulation.
§ 3. The Autorité Compétente regularly informs the REACH Committee on its activities in the case assessment procedures, as referred to in sections 40 to 43 of the REACH Regulations.
§ 4. The member of the Agency's Board of Directors, the members of the Agency's Risk Assessment Committee and the Agency's Socio-Economic Analysis Committee, the member of the Agency's Member States Committee and the member of the Agency's Forum, inform the REACH Committee, without contravening the confidentiality rules, and may request support in carrying out their tasks.
Subsection 3. - The Scientific Committee REACH
Art. 10. § 1^er. The REACH Scientific Committee is composed of a maximum of twenty experts who can demonstrate expertise in at least one of the following areas of expertise:
- assessment of chemical risks;
- classification and labelling;
- human toxicology;
- eco-toxicology;
- test methods;
- alternative testing methods (in vitro, QSAR,...);
- human exposure;
- exposure of the environment;
- restrictions on production and marketing;
- socio-economic analysis;
- industrial production processes, safety of emissions and waste prevention products and technologies (dangerous);
- expertise specific to certain categories of substances (e.g. polymers, nanomaterials, metals and organic substances);
- methods of analysis;
- other materials that may be important for the performance of the REACH Scientific Committee's tasks.
§ 2. These experts are part of a university or scientific institution in Belgium or abroad.
They work impartially and independently. They are not part of the board of directors, management or personnel of a company that is a manufacturer, importer, representative, downstream user or distributor. They also do not have significant financial interests in such companies.
They submit a declaration in which they undertake to act independently of any external influence and in which they indicate, if any, the interests that might hinder their independence.
§ 3. The federal minister who has in his or her responsibilities Public Health and the federal minister who has in his or her responsibilities the Environment shall designate the members of the REACH Scientific Committee on the basis of the comments made in accordance with Article 9, § 1^er9°.
§ 4. The term of office of members is five years.
Any member who does not complete his or her mandate shall be replaced as soon as possible in accordance with paragraph 3.
§ 5. The Chair of the Scientific Committee REACH is exercised by a member.
§ 6. At REACH Scientific Committee meetings may be present as an observer:
1° the Belgian member of the Committee of Member States;
2° Belgian members of the Risk Assessment Committee;
3° Belgian members of the Socio-Economic Analysis Committee;
4° the Belgian member of the Agency Forum or its delegate who is a member of the REACH National Forum;
5° the other observers at the request of a member with the approval of the Scientific Committee REACH.
Representatives of federal and regional administration may be present as observers.
Observers do not have the right to vote.
§ 7. The secretariat of the Scientific Committee REACH is provided by the Autorité Compétente.
Art. 11. § 1^er. The Scientific Committee REACH sets out its rules of procedure.
The rules of procedure shall contain at least the following:
1° at least half of the members designated in accordance with Article 10 § 3 shall be present in order to issue a valid notice;
2° the deliberation and notice procedure in which it is anticipated that plenary meetings and working groups may be organized;
3° the procedure for appointing the president;
4° the procedure to guarantee the impartiality of the members;
5° collaboration with the Autorité Compétente, the REACH Committee and the REACH National Forum.
6° the procedure to be followed in the case where there are reasons to resign a member; a resignation is only possible after the individual was heard in relation to the reasons put forward.
§ 2. The rules of procedure of the REACH Scientific Committee are approved by the REACH Committee.
Art. 12. § 1^er. The Scientific Committee REACH carries out the following tasks:
1° the formulation of motivated opinions on authorizations and restrictions, including on the socio-economic impact;
2° the implementation of the peer review ("peer review") of the records prepared by Belgium, in particular the records referred to in Annex XV of the REACH Regulations, and the assessments of substances in accordance with Article 45, second and fourth paragraph of the REACH Regulations;
3° the formulation of motivated advice on the dangers and risks of chemicals for public health and the environment;
4° the formulation of motivated opinions on classification, labelling and packaging;
5° the formulation of reasoned opinions regarding the establishment of test methods in accordance with Article 13, paragraph 3, of REACH Regulation.
§ 2. The tasks referred to in paragraph 1^er shall be carried out at the request of the REACH Committee and, in accordance with the conditions established by the REACH Committee, at the request of:
- the Autorité Compétente;
- Belgian members of the Agency's Risk Assessment Committee;
- the Belgian members of the Agency's Socio-Economic Analysis Committee;
- the Belgian member of the Committee of Member States of the Agency;
- the Belgian member of the Agency Forum;
- REACH National Forum.
§ 3. The REACH Scientific Committee may also, on its own initiative, provide advice to the REACH Committee, or in accordance with the conditions established by the REACH Committee, to:
- the Autorité Compétente,
- Belgian members of the Agency's Risk Assessment Committee,
- the Belgian members of the Agency's Socio-Economic Analysis Committee,
- the Belgian member of the Committee of Member States of the Agency,
- the Belgian member of the Agency Forum,
- REACH National Forum.
§ 4. The Scientific Committee REACH takes decisions by consensus among the members present.
Opinions are also formulated preferably by consensus. If the notices cannot be given by consensus, they contain the motivated position of the simple majority of the members, as well as the motivated opinions of the members who do not subscribe to it.
Art. 13. Notices, peer reviews and assessments that are not confidential are made public by the Secretariat, at least by a site for this purpose.
Art. 14. Each year, the REACH Scientific Committee prepares a report of the activities to the attention of the REACH Committee and its secretariat makes it publicly available by the site referred to in Article 13.
Sub-section 4. - REACH National Forum
Art. 15. § 1^er. The REACH National Forum is as follows:
1° the Belgian member of the Agency Forum;
2° the designated person of the Directorate General Inspection Service Federal Public Service Environment Public Health, Food Chain Safety and Environment;
3° the designated person of the Inspection Service of the Directorate General Control of well-being at work of the Federal Public Service Employment, Labour and Social Concertation;
4° the designated person of the inspection services of the Flemish Region responsible for monitoring compliance with the REACH Regulations;
5° the designated person of the inspection services of the Walloon Region responsible for monitoring compliance with the REACH Regulation;
6° the designated person of the inspection services of the Brussels-Capital Region responsible for monitoring compliance REACH Regulation;
7° the designated person of the Customs and Accises Administration.
§ 2. Actual members, referred to in paragraph 1^erare designated by the respective federal and regional executive authorities.
For each effective member, an alternate is appointed by the respective federal and regional executive authorities.
The term of office of the actual and alternate members is five years.
Any member who does not complete his or her mandate is replaced as soon as possible.
Actual and alternate members may participate together in the REACH National Forum meetings. Alternate members then have observer status.
§ 3. The presidency of the REACH National Forum is exercised by the Belgian member of the Agency Forum.
§ 4. The REACH National Forum organizes "open" meetings and "closed" meetings.
The "closed" meetings are devoted to matters that are specifically related to inspection services' control. Only members of the Forum designated in paragraphs 1^er and 2 and part of the inspection services.
Open meetings are devoted to issues related to the other tasks of the Forum, including the oversight policy and the themes addressed by the Agency in an "open" meeting. The members of the Forum and the persons designated in § 5.
Meetings are considered "open" upon prior decision of Forum members.
§ 5. May be present at the open meetings of the REACH National Forum as an observer:
1° a representative of the Autorité Compétente;
2° the secretary or chair of the REACH Committee;
3° other experts, at the request of a member, with the approval of the REACH National Forum;
4° of representatives of other public services involved in the implementation of the REACH Regulation.
The REACH National Forum takes its decisions by consensus among the members present.
Observers do not have the right to vote.
§ 6. The secretariat of the open meetings of the REACH National Forum is provided by the Autorité Compétente. The closed meeting secretariat is provided by the authority of which the Chair is also a member.
Art. 16. The REACH National Forum establishes its rules of procedure.
The rules of procedure shall contain at least the following:
1° the deliberation and decision procedure,
2° collaboration with the Autorité Compétente.
Art. 17. The REACH National Forum carries out the following tasks:
1° the organisation of the consultation for the coordination of control practices in Belgium. A draft National Annual Control Plan is being prepared to coordinate the control policy in Belgium. The draft National Annual Control Plan is based on the recommendations of the Agency Forum and the inspection services control policy referred to in Article 18, § 1^erand the work of the REACH Committee and its working groups in accordance with Article 7, § 3.
The draft National Annual Monitoring Plan is submitted for advice to the REACH Committee. The REACH National Forum adapts the draft to reflect the opinion. The REACH National Forum sends the final project to the competent authorities for approval.
The parties to this Agreement shall provide timing for the development of their individual control plans, with a view to effective coordination in the preparation of the national control plan;
2° to join in harmonized implementation projects and joint controls between Member States, in accordance with Article 77, fourth paragraph, of the REACH Regulation;
3° the coordination of the possible participation in projects for the exchange of inspectors between the Member States;
4° support to the Belgian member of the Forum in his functions;
5° the development of the "implementation" component of the annual report pursuant to section 127 of the REACH Regulations;
6° the development of notices to the REACH Committee concerning, inter alia, the applicability of the restrictions proposals;
7° each other task assigned after consultation with the REACH Committee.
Subsection 5. - The National Helpdesk
Art. 18. The Federal Public Service Economy, P.M.E., Average Classes and Energy is responsible for the execution of Article 124, § 2, of the REACH Regulation.
To this end, he manages the National Helpdesk.
The Federal Public Service Economics, P.M.E., Average Classes and Energy mobilizes the means necessary to ensure the proper functioning of the National Helpdesk.
The National Helpdesk may be directed to the authorities concerned for the specific regional and federal expertise it does not have, and will inform the REACH committee, including the nature of the questions received and the answers provided.
The National Helpdesk will rely on other authorities when the formulation of a response requires the knowledge of the position of this authority, subject to specific regional or federal competencies, when this position is not yet known to it. The answer will clearly indicate, in this case, the authority that made the opinion expressed.
The Federal Public Service Economics, P.M.E., Average Classes and Energy presents an annual report on the operation of the National Helpdesk to the REACH Committee.
CHAPTER 3. - Inspection and sanctions
Section 1^re. - Inspection
Art. 19. § 1^er. For the purposes of this cooperation agreement, the following inspection services are concerned:
1° inspection services designated by the Federal Government;
2° the services designated by the Flemish Government;
3° the services designated by the Walloon Government;
4° the services designated by the Government of Brussels-Capital.
§ 2. Oversight officials are designated in accordance with federal and regional legislation that regulate the implementation of the REACH Regulations.
§ 3. Difficulties between competent bodies referred to in paragraph 1^er will be submitted to the REACH National Forum at the request of one or more parties involved in this cooperation agreement.
§ 4. The Customs and Accises Administration exercises its control within the limits of its competence as described in Council Regulation (EEC) No. 2913/92, establishing the Community Customs Code, and in the General Customs and Access Act. Its role is described and the modalities of cooperation are established in the protocol to which it refers to Article 20, § 2.
Art. 20. § 1^er. Federal and regional inspection services designated within the meaning of Article 19, § 1^er, define and distribute inspection tasks.
§ 2. To this end, a protocol developed by the REACH Committee describes the role of each of the oversight services and sets out modalities for cooperation. This protocol is ratified by CIE REACH.
Section 2. - Sanctions
Art. 21. § 1^er. The parties to this Agreement undertake to introduce in their respective regulations sanctions to offences the provisions of the REACH Regulation.
§ 2. The parties to this Agreement, with regard to the offences under REACH Regulation, assess the consistency of the sanctions procedure between the various authorities and the coherence between the sanctions in their respective laws. If the results of the evaluation show significant inconsistencies, the parties to this Agreement shall deliberate on possible measures. Each party takes into account the outcome of the evaluation and consultation, and adjusts, where appropriate, sanctions in its legislation or sanction policy.
CHAPTER 4. - Budgetary provisions
Art. 22. § 1^er. The common costs associated with the implementation of this Agreement will be borne by the parties involved. This is particularly the costs associated with the creation and operation of the REACH Committee, the REACH Scientific Committee and the REACH National Forum. Staff costs for the secretariat provided to the above bodies are also covered.
§ 2. The costs associated with the tasks of the REACH Scientific Committee as provided for in Article 12, § 1^er, 2°, dealing with a file "Annex XV" relating to the harmonized classification and labelling of substances, as well as the tasks of that committee as described in Article 12, § 1^er, 4° and 5°, will be taken over, in their entirety, by the Federal Public Service Public Health, Food and Environment Safety and, for that part, will add to the amount taken over in paragraph 7.
§ 3. The REACH Committee may decide to fund joint projects or studies.
§ 4. With regard to common costs referred to in paragraphs 1^er and 3, a horizontal distribution key is determined between the Federal State and the Regions which is equivalent to 70% for the federal authority and 30% for the Regions.
§ 5. The 70 per cent federal government dependants are distributed as follows among the various federal parties involved:
- 65% for the Federal Public Service Public Health, Food Chain Safety and Environment;
- 30% for the Federal Public Service Employment, Labour and Social Concertation; and
- 5% for the Federal Public Service Economy, P.M.E., Average Classes and Energy.
§ 6. The 30 per cent dependent on the Regions are as follows:
- 58% for the Flemish Region;
- 33% for the Walloon Region; and
- 9% for the Brussels-Capital Region.
§ 7. The secretariat of the REACH Committee shall prepare the annual common cost budget and submit it for approval. Each party to this Agreement shall pay the amount due on an account managed by the Federal Public Service Public Health, Food Chain Safety and Environment. All common costs are funded through this account.
§ 8. The REACH Committee prepares an annual report of the common costs it submits to the approval of the REACH CIE.
Art. 23. Compensation payments by the Agency.
The amounts that Member States receive, as compensation for the activities of the rapporteurs of the Boards of the Agency and, where applicable, other activities as defined in the REACH Regulations, pursuant to Articles 14 and 15 of the Regulation (EC) No 340/2008 of the Commission relating to royalties and rights due to the European Chemicals Agency under the REACH Regulations, are paid by the Agency to the
CHAPTER 5. - Final provisions
Art. 24. The first quarter of each year, the REACH Committee Secretariat shall transmit to the REACH CIE, after approval by the REACH Committee, a report on the performance of this cooperation agreement, pursuant to section 127 of the REACH Regulations.
Art. 25. § 1^er. This cooperation agreement shall be concluded for an indefinite period.
§ 2. When this cooperation agreement is terminated, the parties agree that they will meet a six-month negotiation period from the time the termination party has announced to the other contracting parties its intention to do so.
Art. 26. § 1^er. Disputes between the parties regarding the interpretation and execution of this cooperation agreement that do not find a solution within the structures established by this agreement are decided within the framework of the REACH ICE.
§ 2. If CIE REACH does not reach an agreement, the dispute is subject to a jurisdiction referred to in Article 92bis, §§ 5 and 6, of the special law of 8 August 1980 of institutional reforms.
The operating costs of the jurisdiction shall be borne by each regional government in accordance with the distribution key used in Article 16bis, § 1^er the special law of 16 January 1989 on the financing of the Communities and Regions.
The proceedings before this court shall be conducted in accordance with the relevant provisions of the law of 23 January 1989 on the jurisdiction referred to in articles 92 bis, §§ 5 and 6, and 94 § 3 of the special law of 8 August 1980 of institutional reforms.
Art. 27. § 1^er. This cooperation agreement comes into force after the joint publication to the Belgian Monitor of the Accreditation Act, the Accreditation Orders and the Accreditation Order.
§ 2. This cooperation agreement is issued to the Belgian Monitor by the Prime Minister's services at the request of the party whose final consent has been given to the agreement.
Done in Brussels on 17 October 2011.
For the federal state:
Deputy Prime Minister and Minister of Finance and Institutional Reforms,
D. REYNDERS
Deputy Prime Minister and Minister of Social Affairs and Public Health,
Ms. L. ONKELINX
Deputy Prime Minister and Minister of Employment and Equal Opportunities,
Ms. J. MILQUET
Minister of Climate and Energy,
P. MAGNETTE
Minister for Business and Simplification,
VAN QUICKENBORNE
For the Flemish Region:
The Minister-President of the Flemish Government,
K. PEETERS
The Flemish Minister of Environment, Nature and Culture,
Ms. J. SCHAUVLIEGHE
For the Walloon Region:
Minister-President of the Walloon Government,
R. DEMOTTE
Minister of Environment, Land Planning and Mobility,
Ph. HENRY
For the Brussels-Capital Region:
The Minister-President of the Government of the Brussels-Capital Region,
Ch. PICQUE
The Minister of the Government of the Brussels-Capital Region, responsible for the Environment, Energy, Water Policy, Urban Renovation, the Fight against Incensing and Emergency Medical Assistance and Housing,
Ms. E. HUYTTEBROECK