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27 NOVEMBER 2012. - An Act to amend the Act of 22 February 1998 establishing the organic status of the National Bank of Belgium (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.
In particular, it ensures the partial transfer of the Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 concerning access to the activity of electronic currency institutions and its exercise and the prudential supervision of these institutions, amending Directives 2005/60/EC and 2006/48/CE and repealing Directive 2000/46/EC.
Art. 2. In section 36/22 of the Act of 22 February 1998 establishing the organic status of the National Bank of Belgium, inserted by the Royal Decree of 3 March 2011, the following amendments are made:
(a) in the 19th, the words "paragraph 3 of Article 8 above" are replaced by the words "paragraph 2 of Article 8 above";
(b) in the 21st, the words "under Article 35, § 1^er, paragraph 2, 1°, 2°, 3° and 4° are replaced by the words "under Article 35, § 1^er2, 1°, 2°, 3°, 4° and 5°";
(c) the article is supplemented by the 32°, 33° and 34° written as follows:
"32° to the applicant for approval, against the decisions made by the Bank in respect of registration pursuant to section 63 of the Act of 21 December 2009 relating to the status of payment establishments and electronic currency establishments, access to the activity of payment service provider, electronic currency issuance activity and access to payment systems. The same appeal shall be open to the applicant when the Bank has not ruled within the time limits set out in paragraph 2 of Article 63 above. In the latter case, the appeal is treated as if the application had been rejected;
33° to the establishment of electronic currency, against the decisions made by the Bank under section 75, paragraph 3, of the Act of 21 December 2009 relating to the status of payment establishments and electronic currency establishments, access to the activity of payment service provider, electronic currency issuance activity and access to payment systems;
34° to the establishment of electronic currency, against the decisions made by the Bank under Article 87, § 1^er, paragraph 2, 1°, 2°, 3°, 4° and 5°, and against the equivalent decisions made under section 96 of the Act of 21 December 2009 relating to the status of payment establishments and electronic currency establishments, access to the activity of payment service provider, electronic currency issuance activity and access to payment systems. The appeal is suspensive of the decision and its publication unless, due to a serious threat to electronic currency holders, the Bank has declared its enforceable decision notwithstanding appeal. »
Art. 3. This Act comes into force on the day of its publication in the Belgian Monitor.
Promulgate this Act, order that it be put on the State Seal and published by the Belgian Monitor.
Given in Brussels, 27 November 2012.
ALBERT
By the King:
Deputy Prime Minister and Minister of Finance,
S. VANACKERE
Seal of the state seal:
Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) Session 2011-2012.
House of Representatives.
Parliamentary documents. - Bill No. 53-2432/1. - Annexes, No. 53-2432/2. - Text adopted in plenary and transmitted to the Senate, No. 53-2432/4.
Full report. - 14 November 2012.
Senate
Parliamentary documents. - Project transmitted by the Chamber, No. 5-1842/1. - Report made on behalf of the commission, No. 5-1842/2.
Annales. - 26 November 2012.