Law Approving The Cooperation Agreement Of October 17, 2011 Between The Federal State, The Flemish Region, The Walloon Region And The Brussels-Capital Region Concerning The Registration, Evaluation And Authorization Of Chemical Substances And

Original Language Title: Loi portant assentiment à l'Accord de coopération du 17 octobre 2011 entre l'Etat fédéral, la Région flamande, la Région wallonne et la Région de Bruxelles-Capitale relatif à l'enregistrement, l'évaluation et l'autorisation des substances chimiques ainsi

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2013200861&caller=list&article_lang=F&row_id=1300&numero=1348&pub_date=2013-02-19&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2013-02-19 Numac: 2013200861 SERVICE PUBLIC FEDERAL CHANCELLERY of the Prime Minister 21 December 2012. -Act for consent to the cooperation agreement of October 17, 2011 between the federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region concerning the registration, evaluation and authorization of chemicals as well as to the restrictions applicable to these substances (REACH) (1) ALBERT II, King of the Belgians, to all present and future salvation.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2 consent is given to the cooperation agreement of October 17, 2011 between the federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region concerning the registration, evaluation and authorization of chemical substances as well as to the restrictions applicable to these substances (REACH), annexed to this Act.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given at Brussels, December 21, 2012.
ALBERT by the King: the Deputy Prime Minister and Minister of finance and sustainable development, responsible for the public service, S. VANACKERE Deputy Prime Minister and Minister of the economy, consumers and the North Sea, J. VANDE LANOTTE the Deputy Prime Minister and Minister of the Interior and equal opportunities, Mrs J. MILQUET. the Deputy Prime Minister and Minister of Social Affairs and public health loaded Beliris and Federal Cultural Institutions, Ms. L. ONKELINX the Minister of employment, Ms. M. DE CONINCK the Secretary of State for the environment, energy and mobility, M. WATHELET Scellé of the seal of the State: to the Minister of Justice, absent: the Minister of Pensions, A. DE CROO _ Note Documents of the Chamber of representatives: 53-2259-2012/2013 : 001: Bill.
002: Report.
003: Text adopted in plenary meeting and transmitted to the Senate.
Full report: October 18, 2012.
The Senate documents: 5-1812-2012/2013: No. 1: draft transmitted by the House of representatives.
No. 2: report.
No. 3: Texts adopted in plenary meeting and submitted to Royal assent.
Annals of the Senate: 29 November 2012.

OCTOBER 17, 2011. – Agreement on cooperation between the federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region concerning the registration, evaluation and authorization of chemical substances as well as to the restrictions applicable to these substances (REACH) having regard to article 39 of the Constitution;
Having regard to the Special Act of 8 August 1980 of institutional reforms, article 92bis, §§ 1, 5 and 6, inserted by the Special Act of 8 August 1988 and amended by the Special Act of 16 July 1993;
Having regard to the Special January 12, 1989 related to the Brussels institutions act, as amended by the Special Act of 16 July 1993, sections 4 and 42;
Having regard to the general law of 18 July 1977 on Customs and Excise;
Having regard to 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 Regulation (EEC) No 793/93 of the Council and Regulation (EC) No 1488/94 Commission as well as Directive 76/769 / EEC and the Directives 91. 155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC of the Commission;
Having regard to Regulation (EC) No 340/2008 of the Commission of 16 April 2008 on royalties and rights due to the European Agency for chemical products in application of Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the registration, evaluation and authorization of chemical substances, and restriction of chemicals (REACH);
Having regard to Regulation (EC) no 440/2008 of the Commission of 30 May 2008 laying down test methods pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the registration, evaluation and authorization of chemical substances, and restriction of chemicals (REACH);
Having regard to Regulation (EEC) No 2913/92 of the Council of 12 October 1992 establishing the Community customs code;
Having regard to the decision of the Interministerial Conference on the environment, expanded to REACH, October 22, 2008, to develop a cooperation to REACH agreement;
Whereas the implementation of the provisions of Regulation (EC) No 1907/2006 supra is shared between the federal authority, the regional authorities and the authorities of the communities;
Whereas the implementation of certain provisions of the regulation falls exclusively within federal or regional skills or those of the communities;
Whereas the parties to this agreement undertake to ensure with the communities implementation of article 123 of Regulation (EC) No 1907/2006 in the context of the cooperation agreement of December 10, 2003, between the federal State, the Flemish community, the French community, the German-speaking community, the Joint Community Commission and the French Community Commission, the Flemish Region, the Walloon Region and the Brussels-Capital Region for cooperation in the fields of environment and health;
Whereas the specificity and complexity activities during execution and control of the provisions of Regulation (EC) No 1907/2006 and the interactions and links between the activities of the different competent authorities;
Whereas it is therefore advisable for executing common skills of federal and regional authorities and the competences of the communities in a cooperation agreement in order to implement the coordinated and efficient performance of the provisions of the Regulation (EC) No 1907/2006, in accordance with article 92bis, § 1, of the Special Act of 8 August 1980 institutional reforms;
Whereas the implementation of the Regulation (EC) no 1272/2008 of the European Parliament and of the Council of 16 December 2008 on 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 linked 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 enterprise and Simplification;
The Flemish Region, represented by the Flemish Government, in the person of its Minister-President and Minister of the environment;
The Walloon Region, represented by the Walloon Government, in the person of its Minister-President and Minister of the environment;
Region the Brussels - Capital, represented by the Government of Brussels - capital in the person of its Minister-President and Minister of the environment;
Exercising jointly their own skills, have agreed as follows: Chapter 1. -Definitions Article 1.
For the purposes of this agreement of cooperation, means: 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 / this and repealing Regulation (EEC) No 793/93 of the Council and Regulation (EC) No 1488/94 the Commission thus as Directive 76/769 / EEC and the Directives 91/155 / EEC, 93/67/EEC, 93/105/EC and 2000/21/EC of the Commission;
2 ° CLP regulation: the Regulation (EC) no 1272/2008 of the European Parliament and of the Council of 16 December 2008 on 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 Agency for chemical products established by article 75 of the REACH regulation, including its bodies in accordance with article 76 of the regulations;
4 ° competent authority: the authority, referred to in article 121 of the REACH regulation, and referred to in article 5, and whose tasks are defined in articles 5 and 6;
5 ° Committee REACH: the instance of cooperation between the parties to this agreement, with respect to the implementation of the REACH regulation, established by article 3, paragraph 3, and whose tasks are defined in article 9;
6 ° Scientific Committee REACH: the Scientific Advisory Committee established by article 3, paragraph 3, and whose tasks are defined in article 12;
7 ° REACH national forum: Forum established by article 3, § 3, and whose tasks are defined in article 17;
8 ° CIE REACH: the interministerial environmental Conference established by decision of the Committee of Concertation, enlarged to the federal Minister having health in its attributions, the federal Minister of labour in his/her attributions and the Minister having the economy in charge. The CIE REACH is presided over by the Minister having environment in his or her attributions;
9 ° national Helpdesk: the service of technical assistance referred to in article 124, second subparagraph of the REACH regulation.
CHAPTER 2. -Coordinated execution of the regulation REACH Section 1st. -Provisions general article 2. the present cooperation agreement organizes the coordinated implementation of the REACH regulation by the federal State, the Flemish Region, the Brussels-Capital Region and the Walloon Region.
S. 3 § 1. The coordinated implementation of the REACH regulation focuses on: 1 ° the rights and

obligations of the Belgium under the procedures established by the REACH regulation regarding: a. exemption from the General obligation to register for the research and development activities focus on products and processes, referred to in article 9, paragraph 8, of the REACH regulation;
b. information in the supply chain, referred to in articles 31 and 36, first paragraph, of the REACH regulation;
c. an assessment of records and the substances referred to in articles 42, second subparagraph, 44, first paragraph, 45, second and fourth paragraph, 46, 48, 49, 50, 51, second subparagraph, and 52, first subparagraph, of the REACH regulation;
d. authorities referred to in articles 59, third paragraph, and fifth 66, second paragraph, of the REACH regulation;
e. restrictions applicable to manufacturing, the placing on the market and use of certain substances and mixtures dangerous and some dangerous goods, referred to in articles 67, third paragraph 69, fourth paragraph, and 72, third paragraph, of the REACH regulation;
f. royalties, referred to in article 74, fourth paragraph, of the REACH regulation;
g. implementation, referred to in articles 125 and 126 of the REACH regulation;
h. the preparation of the report referred to in article 117, first subparagraph, of the REACH regulation;
2 ° the designation of the competent authority in pursuance of articles 121 and 122 of the REACH regulation and the allocation of its tasks;
3 ° in relation to the composition of the organs of the Agency: a. the proposal of a member to the Board of Directors, in accordance with article 79, first paragraph, of the REACH regulation;
b. the appointment of a member to the Committee of the Member States under article 85, third paragraph, of the REACH regulation and the proposal of Member candidates to the Committee for risk assessment and the Committee for socio-economic analysis, pursuant to section 85, first and second paragraphs, of the REACH regulation;
c. the appointment of a member to the Forum, in accordance with article 86, first paragraph, of the REACH regulation;
4 ° the proposal of experts, in accordance with article 87, second paragraph, of the 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 committees of the Agency as well as of the Belgian member of the Forum of the Agency, in accordance with article 85, fifth and sixth paragraph, and article 86, second and third paragraph, of the REACH regulation;
7 ° any other matter that requires a coordinated approach.
§ 2. The parties to this Agreement shall coordinate the development of a monitoring policy integrated chemicals throughout their life cycle, since their manufacture or their introduction in Belgium up to the stage of their use included, and Exchange to this effect of the information on the occasion of the implementation of article 125 of the REACH regulation.
§ 3. For the coordinated implementation of the REACH regulation, the REACH Committee, the Scientific Committee REACH and REACH national Forum are established.
S.
4 § 1. The persons designated by the Federal and regional authorities responsible for the implementation of the REACH regulation and the members of the Scientific Committee REACH, are required towards third parties by the professional secrecy which confidential data under the legislation applicable to advertising of the administration and public access to environmental information. The REACH Committee shall adopt procedures and measures for the secure exchange of data.

§ 2. The persons referred to in paragraph 1, responsible for the implementation of the REACH regulation, exchange between them information for the execution of this agreement. Within the Committee REACH it is defined and agreed that this information includes, and how the Exchange is organized.

This information includes at least:-any relevant non-public information required for regional services, which must be able to judge the correct use of chemicals, inter alia in the context of licensing environment, as well as usage data, production, emission and immission relevant Regions hold, that are required in the context of the REACH regulation;
-exposure of workers data rendered anonymous as the federal public Service employment, labour and social dialogue holds;
-the data that the Administration of customs and Excise, in the context of the application of article 19, § 4, holds.
§ 3. Confidential information within the meaning of the REACH regulation, obtained during inspections, is exchanged during the investigation between inspection services within the meaning of article 15, § 4, provided that they can demonstrate the necessity of this Exchange and that the possibility of applying sanctions is not endangered.
§ 4. Legislation on advertising of the administration and public access to environmental information of the federal State and the Regions shall apply, as appropriate, in the documents which have the REACH Committee, the Scientific Committee REACH and REACH national Forum.
Section 2. -The competent authority, the REACH Committee, the Scientific Committee REACH the Forum national REACH, and the Helpdesk national sub-section 1.
-The authority competent s. 5 in the Directorate-General environment of the Service public fédéral public health, food chain safety and environment, the competent authority is designated by the Contracting Party competent, the competent authority is responsible for the coordination of the duties assigned by the REACH regulation to the competent authorities and the Member States, and responsible for the cooperation with the European Commission, the Agency and the competent authorities of the other Member States of the European Union , in accordance with article 121 of the REACH regulation.
In order to duly perform the tasks entrusted to it under the REACH regulation, the competent authority coordinates the execution of these tasks by the Federal and regional authorities with the exception of that framework in the competences of the Committee REACH and national Forum REACH.
S. 6. the competent authority performs the following tasks: 1 ° coordinating activities of the REACH Committee and the Scientific Committee REACH;
2 ° the filling of the secretariat of the Committee REACH, the Scientific Committee REACH and open meetings of the national Forum REACH;
3 ° maintenance of communication with the European Commission and the Agency, within the meaning of the specific provisions of the REACH regulation, as regards the European meetings in which the competent authority is involved;
4 ° ensuring access to information on the implementation of the REACH regulation and in particular access to the information that is available in the database referred to in article 77, second paragraph, e), of the REACH regulation, in a manner to be agreed within the REACH Committee, and taking into account the requirements and circumstances on which the competent authority has not taken;
5 ° the administration of a common web site dedicated to the REACH regulation;
6 ° the implementation of any other task that the Committee REACH entrusted in the manner that it determines.
Sub-section 2. -The Committee REACH s. 7 § 1.
The composition of the Committee REACH is fixed as follows: 1 ° the Chairperson;
2 ° the person designated within the Service control risks, that represents the federal jurisdiction for the environment;
3 ° the person designated within the Service control risks, that represents the federal competence for public health;
4 ° the person designated within the federal public Service employment, labour and social dialogue;
5 ° the person designated within the federal public Service economy, SMEs, Middle Classes and energy;
6 ° the person designated within the "Leefmilieu, Natuur en Energie van de Vlaamse overheid" Department of the Flemish Region;
7 ° the person designated within the Brussels Institute for management of the environment of the Brussels-Capital Region;
8 ° the person designated within the Directorate-General for Agriculture, natural resources and environment of the Walloon Region.
§ 2. The REACH Committee members are appointed by the Federal and regional executive authorities respective.
For each effective member, an alternate is appointed by federal and regional executive authorities respective.
The term of office of full and alternate members is five years.
Any Member who does not complete his term is replaced as soon as possible.
Full and alternate members may attend meetings of the Committee REACH together. A full member and his alternate may not, together, represent only a position in the decisions referred to in paragraph 4.
§ 3. The REACH Committee may establish working groups to which it may entrust tasks and which make it report, including to run article 3, § 2. Proposals for possible decisions of the working groups are subject to the approval of the Committee REACH.
§ 4. The Committee REACH decisions by consensus of the members present.
§ 5. The REACH Committee takes into account, when taking its decisions, where relevant, the objective that the risks from substances of very high concern will be adequately controlled and that these substances will be gradually replaced by other substances or technologies, where they are economically viable and technically executable.

§ 6. The Presidency of the Committee REACH is exercised by the head of the competent authority or its delegate.

§ 7. Provided that, on the basis of paragraphs 1 and 2, they are not yet part of the REACH Committee, may be present as an observer: 1 ° the Belgian member of the Committee of the States - members of the Agency,

2 ° the Belgian members of the Committee to the risk assessment of the Agency, 3 ° the Belgian members of the Committee for socio-economic analysis of the Agency, 4 ° the Belgian of the Board of Directors of the Agency, 5 ° Member representative Belgian Forum of the Agency, 6 ° a member of the staff of the Administration of customs and Excise, 7 ° of other experts at the request of a member with the approval of the Committee REACH 8 ° a representative of national Helpdesk, referred to in article 17.
§ 8. The secretariat of the Committee REACH is provided by the competent authority.
The Secretary is not part of the staff members referred to in paragraphs 1 and 2.
S. 8. the Committee REACH establishes its rules of procedure within three months after the entry into force of this agreement.
The rules of procedure contains at least the following: 1 ° the procedure of deliberation and decision where the possibility of a decision procedure in writing is provided for;
2 ° the collaboration with the competent authority, the Scientific Committee REACH and REACH national Forum;
3 ° procedures for the representation of Belgium at the meetings of the Committee referred to in article 133 of REACH regulation;
4 ° the procedures for the participation of stakeholders in the discussion of certain items of the agenda, and as well as other parties concerned, and this at the initiative of the president.
S. 9 § 1. The REACH Committee performs the following tasks: 1 ° to formulate a project proposal, designation or appointment of the Belgian members of the organs of the Agency, referred to in article 3, § 1, 3 °.
The REACH Committee submits to the CIE REACH for ratification, these draft proposals, designation or appointment of the Belgian members of the organs of the Agency.
If the Committee REACH is unable to formulate a collective proposal, he submitted various proposals to the CIE REACH;
2 ° taking knowledge, comment and the position taken on the projects of decision of the Agency regarding the exemption from the General obligation to register for the research and development activities focus on products and processes, in accordance with article 9, paragraph 8, of the REACH regulation;
3 ° taking knowledge of the information that the manufacturer, importer, downstream user or distributor has assembled to carry out the obligations of the REACH regulation and it ensures availability for a period of at least ten years after the date on which it has manufactured, imported, supplied or used for the last time the substance, as it or contained in a mixture , pursuant to article 36, first paragraph, of the REACH regulation;
4 ° taking position on the assessment of substances, in accordance with article 44, first subparagraph, article 46, first and third paragraphs, article 48 article 49 article 50, first and fourth subparagraph of article 51, second subparagraph, and article 52 of the REACH regulation and the agreement given when one of the parties to this agreement, in accordance with article 45, §§ 2 and 4 of the REACH regulation, wishes to be a candidate to choose a substance in the draft Community rolling action plan;
5 ° the position taken on the issues concerning the identification of svhc, in application of article 59, fifth paragraph, of the REACH regulation and give an agreement when one of the parties to this agreement wants to prepare a dossier in accordance with Annex XV of the REACH regulation, in pursuance of article 59, third paragraph, of the REACH regulation;
6 ° the position taken on the issues concerning the restrictions on the manufacture, placing on the market and use of certain substances and mixtures dangerous and some dangerous items, in pursuance of article 67, third paragraph, of the REACH regulation and give an agreement when one of the parties to this agreement wants to prepare a dossier in accordance with Annex XV of regulation , pursuant to article 69, fourth paragraph, of the REACH regulation;
7 ° the designation of an official Belgian representative for each Committee meeting within the meaning of article 133 of REACH regulation.
The Belgian official representative prepares the Belgian position and establish it by coordination within the REACH Committee;
8 ° the consultation with the national Forum REACH on the aspects that are considered as being of common interest, and the formulation of an opinion, to the attention of the Forum, on the national control Plan;
9 ° the proposal by the members of the Scientific Committee REACH to cover as many areas of expertise as possible, mentioned in article 10, § 1;
10 ° the elaboration of the list of experts who are willing to serve in the working groups of the committees in implementation of article 87, paragraph 2, of the REACH regulation;
11 ° to agree with regard to the exchange of information referred to in article 4, § 2;
12 ° propose amendments to this agreement;
13 ° provide an exchange of information between the parties concerned, regarding the chemicals policy in facilities subject to an environmental permit.
§ 2. The REACH Committee is informed of the proposals for the harmonization of classification and labelling, implementing particular articles 36 to 38 of the CLP regulation.
§ 3. The competent authority regularly informs the Committee REACH on its activities in the procedures of evaluation of the dossiers as referred to in articles 40 to 43 of the REACH regulation.
§ 4. The Member of the Board of Directors of the Agency, the members of the Committee for assessment of risks and the Committee for socio-economic analysis of the Agency, the Member of the Committee of the States members of the Agency and the Member of the Forum of the Agency, shall inform the Committee REACH, without contravening the rules on confidentiality, and can ask him support in the execution of their tasks.
Sub-section 3. -The Scientific Committee REACH s.
10 § 1. The Scientific Committee REACH consists of a maximum of twenty experts who can demonstrate expertise in one or more of the following areas of expertise:-the risk assessment of chemicals;
-classification and labelling;
-Human Toxicology;
-eco toxicology;
-test methods;
-alternative methods of tests (in vitro, QSAR,...);
-human exposure;
-exposure of the environment;
-restrictions on the production and the placing on the market;
-socio-economic analysis;
-industrial production processes, safety of products and technical prevention (hazardous) wastes and emissions;
-specific expertise to certain categories of substances (e.g. polymers, nano-materials, metals and organic substances);
-methods of analysis;
-other matters which may be important for the execution of the tasks of the Scientific Committee REACH.

§ 2. These experts are part of a university or scientific institution in Belgium or abroad.
They work in an impartial and independent manner. They are not part of the Board of Directors, management or staff of an undertaking which is manufacturer, importer, representative, user in downstream or Distributor. They have no significant financial interest in such firms.
They hand over a declaration in which they undertake to act independently of any external influence and in which they indicate, where appropriate, the interests which might interfere with their independence.
§ 3. Federal Minister who has in its public health responsibilities and the federal Minister who has in charge the environment refer to the members of the Scientific Committee REACH on basis of proposals formulated in accordance with article 9, § 1, 9 °.
§ 4. The term of office of members is five years.
Any Member who does not complete his term is replaced as soon as possible in accordance with paragraph 3.
§ 5. The Chair of the Scientific Committee REACH is exercised by a member.
§ 6. In the meetings of the Scientific Committee REACH may be present as an observer: 1 ° the Belgian member of the Committee of Member States;
2 ° the Belgian members of the risk assessment Committee.
3 ° the Belgian members of the Committee for socio-economic analysis;
4 ° the Belgian member of the Forum of the agency or his delegate who is a member of the national Forum REACH;
5 ° other observers at the request of a member with the approval of the Scientific Committee REACH.
Representatives of federal and regional Governments may be present as observers.
Observers have no right to vote.
§ 7. The secretariat of the Scientific Committee REACH is provided by the competent authority.
S. 11 § 1. The Scientific Committee REACH establishes its rules of procedure.
The rules of procedure contains at least the following: 1 ° at least half of the members designated in accordance with article 10, paragraph 3, must be present in order to issue a valid opinion;
2 ° the procedure of deliberation and of giving notice in which it is expected that the plenary sessions and the working groups can be arranged;
3 ° the procedure of designation of the president;
4 ° the procedure to ensure the impartiality of the members;
5 ° the collaboration with the competent authority, the Committee REACH and REACH national Forum.
6 ° the procedure that must be followed where there are reasons to resign a Member; a resignation is possible only after the person concerned has been heard over the reasons that have been put forward.
§ 2. The rules of procedure of the Scientific Committee REACH is approved by the Committee REACH.
S. 12 § 1. The Scientific Committee REACH performs the following tasks: 1 ° the formulation

opinion motivated on permissions and restrictions, including the socio-economic impact;
2 ° implementing the peer review ("peer review") of folders which are established by Belgium, in particular the dossiers referred to annex XV of the REACH regulation, and assessments of substances pursuant to article 45, second and fourth subparagraphs, of the REACH regulation;
3 ° the formulation of reasoned opinions on the dangers and risks of chemicals to human health and the environment;
4 ° the formulation of reasoned opinions on the classification, labelling and packaging;
5 ° the formulation of reasoned opinions regarding the establishment of methods for testing in accordance with article 13, third paragraph, of the REACH regulation.
§ 2. The tasks referred to in paragraph 1 are carried out at the request of the Committee REACH and, in accordance with the conditions laid down by the REACH Committee, at the request of:-the competent authority;
-the Belgian members of the Agency's risk assessment Committee;
-the Belgian members of the Committee for socio-economic analysis of the Agency;
-the Belgian member of the Committee of the States - members of the Agency;
-the Belgian member of the Forum of the Agency;
-the national Forum REACH.
§ 3. The Scientific Committee REACH may also on its own initiative give opinions to the REACH Committee, or in accordance with the conditions laid down by the REACH Committee, to:-the competent authority, - the Belgian members of the Committee for risk assessment of the Agency, - the Belgian members of the Committee for socio-economic analysis of Agency -, the Belgian member of the Committee of the States - members of the Agency -, the Belgian member of the Forum of the Agency - the national Forum REACH.
§ 4. The Scientific Committee REACH decisions by consensus of the members present.
Notices are also formulated preferably by consensus. If the notice cannot be given by consensus, they contain the position taken motivated by a simple majority of the members, as well as the reasoned opinions of members who do not adhere.
S.
13 notices, controls by peers and assessments that are not confidential are made public by the Secretariat, at least by a site intended for this purpose.
S. 14. each year, the Scientific Committee REACH develops a report of activities to the attention of the Committee REACH and its secretariat makes it at least public site, referred to in article 13.
Subsection 4. -The national Forum REACH s. 15 § 1. The national Forum REACH is made up as follows: 1 ° the Belgian member of the Forum of the Agency;
2 ° the designated person of the Inspection Service of the Directorate-General environment of the Service public fédéral public health, food chain safety and environment;
3 ° the designated person of the Inspection Service of the Directorate General control of welfare to the work of the federal public Service employment, labour and social dialogue;
4 ° the designated person of the Flemish Region inspection services responsible for the control of compliance with the REACH regulation;
5 ° the designated person of the Walloon Region inspection services responsible for the control of compliance with the REACH regulation;
6 ° the designated person of the inspection services of the Region of Brussels - charged capital of checks the compliance with REACH regulation;
7 ° the person designated for the Administration of customs and Excise.
§
2. Member, mentioned in paragraph 1, shall be appointed by the Federal and regional executive authorities respective.
For each effective member, an alternate is appointed by federal and regional executive authorities respective.
The term of office of full and alternate members is five years.
Any Member who does not complete his term, is replaced as soon as possible.
Full and alternate members may attend meetings of the national Forum REACH together. The alternates have observer status.
§
3. The Presidency of the national Forum REACH is exercised by the Belgian member of the Forum of the Agency.

§ 4. The national Forum REACH organises "open" and "closed" meetings.
"Closed" meetings are devoted to issues that are specifically the control exercised by inspection services. May participate as members of the Forum referred to in paragraphs 1 and 2 as part of inspection services.
'Open' meetings are devoted to issues in relation to the other tasks of the Forum, including the control policy and the topics addressed by the Agency in meeting "open". Participating members of the Forum and the persons designated in § 5.
The meetings are considered "open" on prior decision of the members of the Forum.
§ 5. Can be present at open meetings of the national Forum REACH as an observer: 1 ° a representative of the competent authority;
2 ° the Secretary or the Chairman of the Committee REACH;
3 ° of other experts, at the request of a member, with the approval of the national Forum REACH;
4 ° the representatives of other public services involved in the implementation of the REACH regulation.
The national Forum REACH takes its decisions by consensus of the members present.
Observers have no right to vote.
§
6. Open meetings of the national Forum REACH secretariat is provided by the competent authority.
Closed meetings secretariat is provided by the authority whose president is also a party.
S.
16. the national Forum REACH establishes its rules of procedure.
The rules of procedure contains at least the following: 1 ° the procedure of deliberation and decision, 2nd collaboration with the competent authority.
S. 17. the national Forum REACH performs the following tasks: 1 ° the organisation of consultation for a coordination of the practices of control in Belgium. A draft national Plan of annual monitoring is established to coordinate the policy of control in Belgium. The draft national Plan of annual monitoring is based on the recommendations of the Forum of the Agency and the policy of control inspection services mentioned in article 18, § 1, and the work of the Committee REACH and its groups of work in accordance with article 7, § 3.
Preliminary draft national annual control Plan is submitted to the Committee REACH for notice. The national Forum REACH adapts the draft taking into account the opinion. The national Forum REACH sends the final draft to the competent authorities for approval.
The parties to this agreement agree the timing for the development of their individual control plans for effective coordination in the preparation of the national control plan;
2 ° to join harmonised implementation projects and controls joint between Member States, in accordance with article 77, fourth paragraph, of the REACH regulation;
3 ° coordinating the possible participation in projects for the exchange of inspectors between Member States;
(4) support for the Belgian member of the Forum in its functions;
5 ° the development of the component "implementation" of the annual report in pursuance of article 127 of the REACH regulation;
6 ° the elaboration of opinions for the Committee REACH concerning among other things the applicability of the proposals for restrictions;
7 ° every other task assigned after consultation with the Committee REACH.
Subsection 5. -The Helpdesk national art.
18. the federal public Service economy, SMEs, Middle Classes and energy is responsible for the implementation of article 124, § 2, of the REACH regulation.
To this end, it manages the national Helpdesk.
The federal public Service economy, SMEs, Middle Classes and energy mobilizes the necessary means to ensure the proper functioning of the national Helpdesk.
The national Helpdesk may apply to the authorities concerned for specific expertise federal and regional which does it not itself, and will inform the REACH Committee, including on the nature of the questions received and answers provided.
The national Helpdesk will rely on other authorities when formulating an answer requires knowledge of the position of this authority, within the regional or federal jurisdiction specific, when this position is not yet known. The response will indicate clearly, in this case, the authority which has formulated the opinion expressed.
The federal public Service economy, SMEs, Middle Classes and energy presents an annual report on the operation of the national Committee REACH Helpdesk.
CHAPTER 3. -Inspection and sanctions Section 1st. -Inspection art. 19 § 1. For the purposes of this agreement of cooperation, 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. Control officers are designated in accordance with federal and regional laws regulating the implementation of the REACH regulation.
§ 3. The difficulties between relevant departments referred to in paragraph 1 will be subject to the national Forum REACH at the request of one or more of the parties concerned by this cooperation agreement.
§ 4. The Customs and Excise Administration exerts its control within the limits of its powers as described in the Regulation (EEC) No 2913/92 of the Council, establishing the Community customs code, and in the General Act on Customs and Excise. Its role is described and the modalities of cooperation are laid down in the Protocol to which it is made reference to article 20, paragraph 2.
S. 20 § 1.
Federal and regional inspections services designated for the purposes of article 19, § 1, define and divide up the tasks of inspections.

§ 2. To this end, a protocol developed by the Committee REACH describes the role of each of the control services and fixed the modalities of cooperation. This Protocol is ratified by the CIE REACH.
Section 2. -Sanctions art.
21 § 1. The parties to this agreement undertake to introduce in their respective regulations of sanctions to infringements of the provisions of the REACH regulation.
§ 2.
The parties to this agreement, with respect to offences under the REACH regulation, assess the consistency of the procedure in respect of penalties between the various authorities and consistency between the sanctions under their respective laws. If the results of the evaluation highlight the significant inconsistencies, the parties to this agreement deliberate on possible measures. Each party takes into account the result of the evaluation and consultation, and adapted, where appropriate, sanctions in its legislation or its enforcement policy.
CHAPTER 4. -Provisions budgetary article
22 § 1. The common costs associated with the execution of this agreement will be supported by the parties concerned. It is specifically the costs associated with the creation and operation of the REACH Committee, the Scientific Committee REACH and REACH national Forum. Are also included in personnel costs for the secretariat provided to the above-mentioned bodies.
§ 2. The costs of the tasks of the Scientific Committee REACH as laid down in article 12, § 1, 2 °, on a "Schedule XV" dossier to the classification and labelling harmonised substances, as well as the tasks of this Committee as described in article 12, § 1, 4 ° and 5 °, will be supported, in their entirety, the Service federal public health , Food chain security and environment and will be added to the party, the amount due listed in paragraph 7.
§ 3. The REACH Committee may decide to finance projects or studies made in common.
§ 4. With regard to costs common referred to in paragraphs 1 and 3, a horizontal distribution key is determined between the federal State and the Regions which is equivalent to 70% for the Federal Government and 30% for Regions.
§
5. 70% to the federal State are distributed as follows among the various federal stakeholders:-65% for the federal public Service health, food chain safety and environment.
-30% for the federal public Service employment, labour and social dialogue;
-5% for the federal public Service economy, SMEs, Middle Classes and energy.

§ 6. 30% dependant of 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 Committee REACH establishes the annual budget of the common costs and submits it for approval to the latter. Each party to this Agreement shall pay the amount owing on an account managed by the federal public Service health, food chain safety and environment.
All common costs are funded through this account.
§ 8. The REACH Committee prepares an annual report of common costs which he submitted for the approval of the CIE REACH.
S.
23 payment of remuneration by the Agency.
The amounts that Member States receive, as compensation for activities of the rapporteurs of the committees of the Agency and, where appropriate, other such activities as defined in the REACH regulation in pursuance of articles 14 and 15 of Regulation (EC) No 340/2008 relating to royalties and Rights Commission payable to the Agency European chemicals in accordance with the REACH regulation are paid by the Agency to the respective accounts that are enrolled for this purpose designated by the parties to this agreement, in line with the activities that they have supported.
CHAPTER 5. -Provisions finals s.
24. the first quarter of each year, the Secretariat of Committee REACH passes to the CIE REACH after approval of the Committee REACH a report evaluating the implementation of this agreement of cooperation, in pursuance of article 127 of the REACH regulation.
S. 25 § 1. This cooperation agreement is concluded for an indefinite period.
§ 2. Upon termination of this agreement of cooperation, the parties agree that they will respect a period of negotiation of six months from the moment the party who terminates announced to the other contracting parties its intention to do so.
S. 26 § 1. Disputes between the parties concerning the interpretation and execution of this agreement of cooperation which do not find a solution to the bosom of the structures that are established by this agreement, shall be settled under the CIE REACH.

§ 2. If the CIE REACH does not result in an agreement, the dispute is subject to a court referred to in article 92bis, §§ 5 and 6 of the Special Act of 8 August 1980 institutional reforms.
The Court running costs are supported by each regional government in accordance with the used key on article 16bis, § 1, of the special law of 16 January 1989 on the financing of the communities and the Regions.
The proceedings before this Court is conducted in accordance with the provisions of the Act of 23 January 1989 on the jurisdiction referred to in articles 92bis, §§ 5 and 6, and 94, § 3, of the Special Act of 8 August 1980 institutional reforms.
S. 27 § 1. This cooperation agreement comes into force after the joint publication in the Moniteur belge of the Act of consent, the consent decrees and the consent order.
§ 2. This cooperation agreement is published in the Moniteur belge by the services of the Prime Minister at the request of the party whose Parliament last gave its assent to the agreement.
Done at Brussels, 17 October 2011.
For the federal State: the Deputy Prime Minister and Minister of finance and institutional reforms, D. REYNDERS the Deputy Prime Minister and Minister of Social Affairs and public health, Ms. L. ONKELINX Deputy Prime Minister and Minister for employment and equality of Chances, Ms. J. MILQUET the Minister of climate and energy, P. MAGNETTE the Minister for enterprise and Simplification , V. VAN QUICKENBORNE for the Flemish Region: the Minister - President of the Flemish Government, K. PEETERS the Flemish Minister for the environment, Nature and Culture, Ms. J. SCHAUVLIEGHE for the Walloon Region: Minister - President of the Walloon Government, R. DEMOTTE Minister of the environment, the planning and mobility, Dr. HENRY for the Brussels-Capital Region: the Minister - President of the Government of the Brussels-Capital Region C.
PICQUÉ Minister of the Government of the Brussels-Capital Region, responsible for environment, energy, policy of water, urban renovation, of the fight against the fire and urgent medical aid and housing, Ms. E. HUYTTEBROECK