belgiquelex.be - Carrefour Bank of Legislation

29 MARCH 2012. - Miscellaneous Provisions Act (I) (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
PART 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
PART 2. - Social affairs
CHAPTER 1^er. - Amendment of the Decree-Law of 7 February 1945 concerning the social security of the sailors of the merchant marine, establishing a solidarity contribution for the amarination
Art. 2. In Article 3 of the Decree-Law of 7 February 1945 concerning the social security of the sailors of the merchant marine, last amended by the law of 17 June 2009, a paragraph 3sexies is inserted, as follows:
Ҥ3sexies. From 1^er June 2012, a solidarity contribution of 5.42 per cent dependant on the shipowner is due to the total compensation for an amarination trip.
The total allowance for an amarination trip consists of an allowance granted by the Marine Pool section of the Caisse de Secours and Prévoyance for the Marins, a well-being supplement granted by the Professional Fund of the Merchant Navy and a dependant compensation from the shipowner.
This contribution is paid by the shipowner within the same time and under the same conditions as the social security contributions to the sailors.
The proceeds of the contribution shall be paid to the overall SONS-Gestion referred to in section 5, paragraph 1^er, 2°, of the law of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers.
This contribution is equivalent to social security premiums, in particular with respect to declarations with justification of contributions, payment deadlines, civil sanctions and criminal provisions, control, competent judge in the event of a dispute, legal action limitation, privilege and disclosure of the amount of the claim of the Benefit Fund and the Marins Allowance.
The King may determine the terms and conditions of the trip to sea and collect and recover the contribution of solidarity by the Caisse de Secours and Prévoyance to the Marins. »
Art. 3. Section 2 comes into force on 1^er June 2012.
CHAPTER 2. - Amendments to the Compulsory Health Care and Compensation Insurance Act, coordinated on 14 July 1994
Section 1^re. - Independent workers and caregivers subject to social status
Art. 4. Article 86, § 3, of the Compulsory Health Care and Compensation Insurance Act, coordinated on 14 July 1994, paragraph 1^er is replaced by the following:
"The King may, by order deliberately in the Council of Ministers, provide compensation for self-employed persons and caregivers subject to the legislation governing the social status of self-employed persons as well as assisting spouses referred to in Article 7bis of Royal Decree No. 38 of 27 July 1967 organizing the social status of self-employed persons. »
Section 2. - Work disability
Art. 5. Section 96 of the Compulsory Health Care and Compensation Insurance Act, coordinated on 14 July 1994, as amended by the Program Act (II) of 24 December 2002, is repealed.
Art. 6. Section 100, § 2, of the same coordinated law, as amended by the Programme Law (II) of 4 July 2011, is supplemented as follows:
"The King also determines under what conditions and to what extent compensation is awarded in the event of non-compliance with the time limit or conditions set out in paragraph 2.
The decision to refuse to grant permission to resume work or the decision to terminate the incapacity for work because the licensee does not retain a reduction in its capacity of at least 50 p.c. on a medical basis, produce their effects as early as the day after the date of sending or handing over the decision to the licensee. The King determines under what conditions and to what extent the allowances are granted for the period preceding the effective date of the above-mentioned decisions. »
Art. 7. Article 5 produces its effects on 1^er January 2012 and applies to work disabilities that begin from that date.
CHAPTER 3. - Amendments to the coordinated laws of 19 December 1939 relating to family allowances for wage workers
Art. 8. Article 28 of the co-ordinated laws of 19 December 1939 relating to family allowances for employed workers, replaced by the law of 12 August 2000, is replaced by the following provision:
“Art. 28. The management committee of the National Office of Family Allowances for Employees imposes on a family allowance fund, within the time it sets, the establishment of a recovery plan in the following cases:
(a)where the administrative management assessment test referred to in section 7, 1°, of the Royal Decree of 9 June 1999 on the management account and the administrative reserve of family allowances, is less than 92.5 per cent;
(b) where the sum of the debts related to the cash management operations represents 125% of the net assets, including provisions, from the cash register to the end of the fiscal year.
In the absence of an appropriate plan, within the time limit, the management committee may impose a recovery plan on the family allowance fund itself.
In this case, the family allowance fund may appeal against the recovery plan imposed to the competent minister within fifteen calendar days following the notification of the recovery plan decided by the management committee. The appeal is not suspensive. The Minister makes a decision within 30 calendar days of the date of the appeal. At the end of the recovery plan, the Board's management committee provides a reasoned notice to the Minister.
Accreditation may be withdrawn by the King on the proposal of the Board's Management Committee:
(a) where the criteria for the evaluation of the administrative management referred to in section 7, 1°, of the Royal Decree of 9 June 1999 concerning the management account and the administrative reserve of family allowances, is less than 90% for three consecutive years;
(b) if the holding of the reserve fund of the family allowance fund is not sufficient for at least three exercises following the coverage of unduly paid family benefits, referred to in Article 91, § 4, 2° to 5°, and losses referred to in Article 91, § 4, 6°;
(c) if the holder of the administrative reserve of the family allowance fund is not sufficient for at least three exercises following the coverage of the deficits referred to in Article 94, § 7, 3°;
(d) where a family allowance fund has not complied with the authorization procedure referred to in section 170 and the offence under that provision seriously prejudices the financial balance of the family allowance scheme for employed workers;
(e) where the sum of the debts related to the management operations of the family allowance fund represents 200 per cent of the equity, including provisions, from the fund to the end of the fiscal year;
(f) where a credit union has not complied with the provisions of section 170bis and the offence under that provision seriously prejudices the financial balance of the family allowance scheme for employed workers.
If in the cases referred to in paragraph 4, (b) and (c), the King does not decide to withdraw the approval, the Board's management committee may, in order to correct the financial situation of the family allowance fund, require that the family allowance fund be subject to a recovery plan, within the time it sets. In the absence of an appropriate plan, within the time limit, the management committee may impose a recovery plan on the family allowance fund itself.
In this case, the family allowance fund may appeal against the recovery plan imposed to the Minister of Social Affairs within fifteen calendar days following the notice of the recovery plan by the Agency's management committee. The appeal is not suspensive. The Minister makes a decision within 30 calendar days of the date of the appeal. At the end of the recovery plan, the Office Management Committee provides a reasoned opinion to the Minister. »
Art. 9. Article 69, § 3, of the same coordinated laws, replaced by the Act of 24 December 2002, is amended as follows:
1° the words ", the provisional administrator" are inserted between the words "the curator" and "or the attribute";
2° a paragraph written as follows completes the provision:
"The major child may also object to payment to the person referred to in § 1^er, invoking his interest. "
Art. 10. Section 70ter of the same coordinated laws, inserted by the Act of 24 December 2002, is replaced by the following provision:
"Art. 70ter. A lump sum allowance to which the King, by order deliberately in the Council of Ministers, sets the amount and conditions for granting, is payable when the child is placed in an individual by the intermediary or by a public authority.
This lump sum allowance is payable to the individual who received family allowances for the child immediately before the placement measure or the placement measures that he was subjected to, as long as he regularly maintains contacts with the child or demonstrates interest to the child.
Where the adistrict no longer meets the conditions referred to in paragraph 2, the lump sum allowance shall be paid to the person who, in his place and place, partially raises the child within the meaning of section 69 by having regular contact with him or by demonstrating interest to him or her.
The right to the lump sum allowance was born in the head of an allocator on the first day of the month following that of notification to the competent family allowance agency, of the decision taken by the administrative or judicial authority that intervened in the placement procedure, noting that the terms of granting were met by him. »
Art. 11. Section 170 of the same coordinated laws, replaced by the Royal Decree of 25 October 1960, is replaced by the following provision:
"Art. 170. The National Office for Family Allowances for Employees can only enter into a loan if previously authorized by the competent minister.
A free family allowance fund or a special credit union may enter into a loan or financial leasing contract, as a result of which the sum of the debts related to the management operations would represent more than 100% of the equity, including provisions, provided that they have been previously authorized by the competent minister, on the advice of the Board's management committee. The Minister's authorization is expected to be acquired if no decision has been made within two months of the date of the application of the credit union. »
Art. 12. Article 170bis, paragraph 1^er, of the same coordinated laws, inserted by the Royal Decree of 10 April 1957, is replaced by the following provision:
"Free family allowances and special funds may not acquire or dispose of real property, without prior authorization from the competent minister, on the advice of the management committee of the National Office of Family Allowances for Employees. The Minister's authorization is expected to be acquired if no decision has been made within two months of the date of the application of the credit union. »
PART 3. - Agriculture
CHAPTER 1^er. - Federal Agency for Food Chain Safety
Section 1^re. - Amendments to the Royal Decree of November 10, 2005 setting out the contributions referred to in section 4 of the Act of December 9, 2004 relating to the financing of the Federal Agency for the Safety of the Food Chain
Art. 13. Article 1^erbis, 3°, of the Royal Decree of November 10, 2005 establishing the contributions referred to in section 4 of the Act of December 9, 2004 relating to the financing of the Federal Agency for the Safety of the Food Chain, inserted by the Act of July 20, 2006 and amended by the Acts of December 27, 2006 and December 22, 2008, is supplemented by f. and g. as follows:
"f. closed installations holding aquatic animals without intent to market them;
g. Recreational fisheries with repeuplement. "
Art. 14. In section 11 of the same order, the following amendments are made:
1° in § 2, the 2° is replaced by the following:
"2° to the operators receiving the decrease, for the year following that in which they start a new activity, as long as they get for the latter activity, and from the beginning of it, the validation of a self-control system, within six months if they start a new activity before 1^er January 2012, or 12 months if they start a new activity after December 31, 2011; »;
2° in § 2, the 3° is completed by the words ", if they started their activities in the establishment unit before 1^er January 2012, or twelve months of their start, if they started their activities in the settlement unit after December 31, 2011. »;
3° § 4 is supplemented by the 3° written as follows:
"3° to wholesale trade operators provided that they do not physically manipulate the products and that the products do not transit through their establishment unit. »
Section 2. - Amendments to the Royal Decree of February 22, 2001 organizing the controls carried out by the Federal Agency for the Safety of the Food Chain and amending various legal provisions
Art. 15. Article 1^er, paragraph 2, of the Royal Decree of 22 February 2001 organizing the controls carried out by the Federal Agency for the Safety of the Food Chain and amending various legal provisions is supplemented by the following words "with the exception of Article 4, § 1^er "
Art. 16. Article 3 of the same order, amended by the laws of 28 March 2003, 22 December 2003 and 1^er March 2007, the following amendments are made:
(a) in § 1^erParagraph 1^erand in § 4, paragraph 1^er :
1° ) the words " dispositions of this order" are replaced each time by the words " dispositions of this order or taken in execution of it";
2° ) the words "and decisions" are inserted each time between the words "regulations" and "European Union";
(b) in § 6, paragraph 1^er :
1° ) the words "to the provisions made pursuant to Article 3, § 5, Article 4 or Article 8 of this Order" shall be replaced by the words "or to the provisions of this Order or made in execution of it";
2° ) the words "and decisions" are inserted between the words "regulations" and "European Union".
Art. 17. In section 6 of the same order, as amended by the Acts of 30 December 2001, 22 December 2003 and 9 December 2004, the following amendments are made:
(a) in § 1^erParagraph 1^erthe words "non-compliance with the provisions of the law that regulates them or its enforcement orders or the regulations of the European Union" are replaced by the words "non-compliance with the provisions that regulate them";
(b) in § 2, the words "not in conformity with the provisions of the law which regulates them or its enforcement orders" are replaced by the words "not in conformity with the provisions which regulate them".
Art. 18. Article 7, § 1^erof the same order, as amended by the Act of 28 March 2003, the following amendments are made:
1° ) the words "to the provisions made pursuant to Article 3, § 5, Article 4 or Article 8 of this Decree, or to the regulations of the European Union" shall be replaced by the words "to the provisions made pursuant to this Order, or to the regulations and decisions of the European Union";
2° ) the words " Doctor or Licensee" are replaced by the words "PhD, Licence or Master".
Art. 19. Article 8 of the same order, amended by the laws of 30 December 2001 and 28 March 2003, paragraphs 1^er and 2 are replaced by the following:
"When it is found that there is a serious and imminent danger to public health, animal health or plant protection in a place and where the laws referred to in Article 5 of the Act of 4 February 2000 and their enforcement orders or this decree and its enforcement orders, as well as the regulations of the European Union, do not permit or suffice, the Minister may, by a decision of reasons and without order
If certain products regulated by or pursuant to the laws referred to in section 5 of the Act of 4 February 2000, by or under this Order and its enforcement orders or by the regulations of the European Union, constitute a serious and imminent danger to public health, animal health or plant protection and/or to the health of consumers and where such provisions do not permit or are not sufficient, the Minister may, by reasoned decision These measures may include the destruction of the products involved. »
CHAPTER 2. - Bureau d'intervention et de restitution belge C Amendment of the law of 10 November 1967 establishing the Bureau d'intervention et de restitution belge, coordinated by the royal decree of 3 February 1995
Art. 20. Article 11 of the Act of 10 November 1967 establishing the Belgian Response and Return Office, coordinated by the Royal Decree of 3 February 1995 and amended by the Act of 7 July 2002, is replaced by the following:
“Art. 11. The Office's administrative expenses are covered by an annual grant included in an organic division program Federal Public Service Economics, P.M.E., Middle Class and Energy. "
Art. 21. Article 20 produces its effects on 1^er January 2011.
PART 4. - Independent and SMEs
CHAPTER 1^er. - Amendment of the Act of 13 August 2004
relating to the authorization of commercial settlements
Art. 22. In Article 8, § 3, of the Act of 13 August 2004 on the authorization of commercial settlements, the words "If no decision" are replaced by the words "If no notification of the decision is made".
CHAPTER 2. - Annual corporate contribution to the social status of self-employed persons
Art. 23. In section 91, paragraph 2, of the Act of 30 December 1992 on social and other provisions, as amended by the Act of 22 December 2003, the word "in particular" is repealed.
Art. 24. In section 94 of the Act, amended by the Act of 20 December 1995 and the Royal Decree of 19 December 2010, the 9th is replaced by the following:
"9° according to which companies of persons registered as a commercial enterprise in the Carrefour Bank of Companies and constituted after 1^er January 1991, during the first three years from the year of their constitution, is exempt from the obligation to make contributions under this chapter.
The above-mentioned companies will only be able to benefit from this exemption if their manager or their managers, as well as the majority of their active associates who are not managers, were not, in the ten years preceding the constitution of the society, subject to Royal Decree No. 38 of 27 July 1967 organizing the social status of independent workers for more than three years; "
PART 5. - Energy
CHAPTER 1^er. - Amendment of the Act of 29 April 1999 on the organization of the electricity market
Art. 25. Article 7, § 1^er, of the Act of 29 April 1999 on the organization of the electricity market, last amended by the Act of 8 January 2012, is supplemented by a paragraph 4, which reads as follows:
"Subject to paragraph 3, by order deliberately in the Council of Ministers, on the proposal of the commission, the King may amend, replace or repeal the provisions of the Royal Decree of 16 July 2002 relating to the establishment of mechanisms for the promotion of electricity produced from renewable energy sources, as confirmed by section 427 of the Programme Law (I) of 24 December 2002. »
CHAPTER 2. - Amendment of the Royal Decree of 16 July 2002 on the establishment of mechanisms for the promotion of electricity produced from renewable energy sources
Art. 26. Section 17 of the Royal Decree of 16 July 2002 on the establishment of mechanisms for the promotion of electricity produced from renewable energy sources, as confirmed by section 427 of the Program Law (I) of 24 December 2002, is repealed.
CHAPTER 3. - Temporary freeze of indexations of variable gas and electricity contracts
Section 1^re. - Amendments to the Act of 29 April 1999 on the organization of the electricity market
Art. 27. In section 20bis of the Act of 29 April 1999 on the organization of the electricity market, inserted by the Act of 8 January 2012, the following amendments are made:
1° § 3 is supplemented by the following sentence:
"The Commission also examines whether the indexing formula applied by the supplier is in accordance with the comprehensive list of accepted criteria referred to in § 4bis. »;
2° § 4, paragraph 1^er, is supplemented by the following sentence:
"The commission also determines whether the indexing formula referred to in § 1^er, complies with the comprehensive list of accepted criteria referred to in § 4bis. »;
3° to § 4, paragraph 3, in fine, the words " correctly applied" are replaced by the words " correctly applied and if this indexing formula conforms to the exhaustive list setting the criteria allowed, referred to in § 4bis. »;
4° § 4, paragraph 4, is replaced by the following:
"When the finding of the commission referred to in paragraph 1^er is final, the commission maintains the supplier to credit the customers concerned for the part of the energy component billed in excess. The commission also imposes an administrative fine on the supplier to the total amount to be credited to the customers concerned. »;
5° it is inserted a § 4bis, written as follows:
§ 4bis. By deliberately decreed in the Council of Ministers, the King adopts, after the commission's proposal, a comprehensive list of criteria allowed for the development by each supplier of indexing parameters so that they meet transparent, objective and non-discriminatory criteria and are representative of actual procurement costs.
For monitoring purposes, the commission annually transmits to the government a report on the evolution of supplier indexing parameters. »
Section 2. - Amendments to the Act of 12 April 1965 on the carriage of gaseous and other products by pipelines
Art. 28. In section 15/10bis of the Act of 12 April 1965 on the carriage of gaseous and other products by pipeline, inserted by the Act of 8 January 2012, the following amendments are made:
1° § 3 is supplemented by the following sentence:
"The Commission also examines whether the indexing formula applied by the supplier is in accordance with the comprehensive list of criteria allowed under § 4bis. »;
2° § 4, paragraph 1^er, is supplemented by the following sentence:
"The commission also determines whether the indexing formula referred to in § 1^er, complies with the comprehensive list of accepted criteria referred to in § 4bis. »;
3° in § 4, paragraph 3, in fine, the words " correctly applied" are replaced by the words " correctly applied and if this indexing formula conforms to the exhaustive list setting the accepted criteria referred to in § 4bis. »;
4° § 4, paragraph 4, is replaced by the following:
"When the finding of the commission referred to in paragraph 1^er is final, the commission maintains the supplier to credit the customers concerned for the part of the energy component billed in excess. The commission also imposes an administrative fine on the supplier to the total amount to be credited to the customers concerned. »;
5° it is inserted a § 4bis, written as follows:
§ 4bis. By deliberately decreed in the Council of Ministers, the King adopts, after the commission's proposal, a comprehensive list of criteria allowed for the development by each supplier of indexing parameters so that they meet transparent, objective and non-discriminatory criteria and are representative of actual procurement costs.
For monitoring purposes, the commission annually transmits to the government a report on the evolution of supplier indexing parameters. »
Section 3. - Amendments to the Act of 8 January 2012 amending the Act of 29 April 1999 on the organization of the electricity market and the Act of 12 April 1965 on the transport of gas and other products by pipelines
Art. 29. Section 108 of the Act of 8 January 2012 amending the Act of 29 April 1999 on the organization of the electricity market and the Act of 12 April 1965 on the carriage of gaseous and other products by pipeline is replaced by the following:
"Art. 108. § 1^er. Without prejudice to the provisions of § 2, paragraph 2, Article 20bis, § 1^er, and §§ 5 to 7, of the Act of 29 April 1999 on the organization of the electricity market and Article 15/10bis, § 1^er, and §§ 5 to 7, of the law of 12 April 1965 concerning the transport of gaseous and other products by pipelines, as set out in articles 29 and 82, come into force on 1^er April 2012.
§ 2. Article 20bis, §§ 2 to 4, of the law of 29 April 1999 on the organization of the electricity market and Article 15/10bis, §§ 2 to 4, of the law of 12 April 1965 on the transport of gaseous and other products by pipelines, as incorporated by articles 29 and 82, come into force on 1^er January 2013.
From 1^er April 2012 and until no later than December 31, 2012, the indexation to the increase in the variable energy price for the supply of electricity and natural gas is prohibited, provided that the latter exceeds the initial rate determined on the basis of the indexing parameters of suppliers at 1^er April 2012 and as long as the commission has not validated, on the basis of the criteria set by the King referred to in § 4bis of articles 20bis of the law of 29 April 1999 relating to the organization of the electricity market and 15/10bis of the law of 12 April 1965 relating to the transport of gaseous and other products by means of pipelines, as inserted by articles 29 and 82 and amended by articles 27 and 28
Date 1^er April 2012, the commission invites suppliers to provide the information on the basis of which they have established their indexing parameters for contracts at varying energy prices. After the entry into force of the royal decree referred to in § 4bis of articles 20bis of the law of 29 April 1999 relating to the organization of the electricity market and 15/10bis of the law of 12 April 1965 relating to the transport of gaseous and other products by pipelines, as incorporated by articles 29 and 82 and amended by articles 27 and 28 of the law of 29 March 2012 bearing various provisions ( Within 15 working days from the date of receipt of the individual supplier request by the commission, the commission shall determine, on a case-by-case basis, whether the indexing parameters of a standard contract meet the criteria established by the said order. If the indexing parameters of a standard contract meet the criteria set out in the order referred to in § 4bis of articles 20bis of the law of 29 April 1999 relating to the organization of the electricity market and 15/10bis of the law of 12 April 1965 relating to the transport of gaseous and other products by pipelines, as set out in articles 29 and 82 and amended by articles 27 and 28 of the law If the commission fails to respond within 15 working days, the indexing parameters for a standard contract are considered to be validated. As soon as the indexing parameters of a standard contract are validated by the commission, the variable energy price of this type contract can again be indexed to a maximum of four times a year, each time the 1^er quarter day.
The King may, by order deliberately in the Council of Ministers, put into force the indexing mechanism referred to in articles 20bis, §§ 2 to 4, of the law of 29 April 1999 on the organization of the electricity market and 15/10bis, §§ 2 to 4, of the law of 12 April 1965 on the transport of gaseous and other products by pipeline, as entered into by articles 29 and 82, before^er January 2013, during the occurrence of a force majeure case resulting from an unpredictable, external and irresistible cause, or during the demonstration of an adverse perverse effect resulting from the ban on indexing measure upwards. This early entry into force cancels the freeze mechanism for indexing the variable prices of electricity and gas referred to in the second paragraph. "
Section 4. - Entry into force
Art. 30. This chapter comes into force on 1^er April 2012.
PART 6. - Public health
CHAPTER 1^er. - Amendment to the Act of 6 August 1990 on mutuality and national mutuality unions
Art. 31. In Article 11, § 1^erof the Act of 6 August 1990 on mutuality and national mutuality unions, two paragraphs are inserted between paragraphs 3 and 4:
"By derogation from paragraph 3, the Supervisory Board shall decide on the statutes and amendments to which the coming into force decided by the General Assembly of the entities concerned is after 1^er January 2012 and no later than 1^er January 2014, within a maximum period of 120 calendar days from the date on which these statutes or amendments were transmitted to the Minister in accordance with paragraph 2. Upon expiry of this period, approval is considered to be granted.
The King may, however, by order deliberately in the Council of Ministers and by notice in accordance with the Supervisory Board, defer the date of the 1st^er January 2014 referred to in the previous paragraph. "
Art. 32. Section 31 produces its effects on 1^er January 2012.
CHAPTER 2. - Amendments to the Act of 29 June 1981
establishing general principles of social security for wage workers
Art. 33. In section 37quater of the Act of 29 June 1981 establishing the general principles of social security for employed workers, the following amendments are made:
1° § 4 of Article 37quater, repealed by the Act of 27 December 2006 on various provisions (I), is reinstated in the following wording:
“§4. If, after the end of their term of office, the presidents of the public social welfare centres or their replacements, as well as the former presidents of CPAS and their replacements, can only benefit from the compulsory health care insurance benefits under section 32, 15°, of the Compulsory Health Care and Allowance Insurance Act, coordinated on July 14, 1994, the personal contributions due under this provision shall be borne by the public welfare centre. »;
2° current § 4 becomes paragraph 5.
CHAPTER 3. - Amendments to the Compulsory Health Care and Compensation Insurance Act, coordinated on 14 July 1994
Section 1^re. - Drugs - Seuils
Art. 34. In Article 73, § 3, paragraph 6, of the Compulsory Health Care and Compensation Insurance Act, coordinated on July 14, 1994, replaced by the Act of June 8, 2008, the words "and thresholds" are repealed.
Section 2. - Medical check
Art. 35. In section 73bis of the Compulsory Health Care Insurance Act, coordinated on July 14, 1994, inserted by the Act of December 13, 2006, the following amendments are made:
1° in 1°, the words "in this Act or its enforcement orders" are replaced by the words "in which health benefits are reimbursed";
2° in 2°, the words "in this Act, its Implementing Orders or the agreements or agreements entered into under this Act" are replaced by the words "in this Act, in its Implementing Orders and Regulations, in the conventions and agreements concluded under that Act";
3° 7° is replaced by the following provision:
"7° to draft, draft, issue or issue regulatory documents that do not comply with strictly administrative procedures that do not question the conditions for reimbursement of health benefits; "
Art. 36. In section 139, paragraph 2, of the same coordinated law, as amended by the Act of 13 December 2006, the following amendments are made:
1° in 3°, the words "in terms of reality and conformity with the provisions of this Act and its enforcement orders" are replaced by the words "in terms of reality and conformity with the provisions of this Act, its enforcement orders and regulations and the conventions and agreements concluded under this Act";
2° in 5°, the words "or by the employee designated by him" are inserted between the words "officer-director" and the words "by his Committee".
Art. 37. In Article 141, § 1^erParagraph 1^er, 3°, of the same coordinated law, inserted by the law of 27 August 1994 and amended by the law of 24 December 2002, the words "paragraph 4" are replaced by the words "paragraph 2".
Art. 38. In section 142 of the same coordinated law, restored by the law of 13 December 2006 and amended by the law of 27 December 2006, the following amendments are made:
1° § 2 is replaced by the following provision:
Ҥ2. The material elements of the offence referred to in Article 73bis are found by the social inspectors referred to in Article 146 in a report prepared in accordance with Article 64 of the Social Criminal Code.
In the absence of a nullity, these findings must take place within two years:
(a) from the day on which documents relating to contentious facts are received by insurers;
(b) from the day on which the findings from the profile commissions or the National College of Consulting Physicians are received by the Medical Evaluation and Control Service.
The notice of finding shall be deemed to the contrary, provided that a copy is transmitted to the alleged perpetrator of the offence and, where applicable, to the natural or legal person referred to in section 164, paragraph 2, within fourteen days of the day after the date of the finding of the offence by the social inspectors referred to in section 146. »;
2° in § 3, 2°, the words "that fall within its jurisdiction shall be decided by the officer or official designated by him, within two years of the date of the record" shall be replaced by the words "that fall within the competence of the officer-in-chief, or the official designated by him, shall be introduced within two years after the date of the record, by the invitation to communicate the means of defence referred to in § 143 to
Art. 39. In section 143 of the same coordinated law, restored by the law of 13 December 2006 and amended by the laws of 27 December 2006 and 19 December 2008, the following amendments are made:
1° in § 1^er1° is replaced by the following provision:
"1° to offences referred to in Article 73bis, 1°, 2° and 3°, of the law if the value of litigation benefits is less than 25,000 euros; »
2° in § 2, paragraph 3, the words "or, if it buys" are replaced by the words "and, if it buys";
3° § 3 is replaced by the following provision:
"In the event of a breach of the provisions of Article 73bis, 1°, 2°, 3°, 7° and 8°, the Officer-in-Chief, or the employee designated by him, shall decide on the application of the measures set out in Article 142. The decision shall be notified within three months of receipt of the defence or, failing that, within three months after the expiry of the period provided for in Article 143, § 2, paragraph 3. "
Art. 40. Article 146, § 1^erin the same coordinated law, the following amendments are made:
1° in paragraph 1^er, the words "Social controllers are responsible for detecting and detecting the illegal competition for the benefit of work disability allowances and the exercise of professional activity or fraudulent work. are repealed;
2° Paragraph 2 is repealed.
Art. 41. Article 150, paragraph 1^er, of the same coordinated law, inserted by the Act of 17 August 1994 and amended by the Act of 20 December 1995, the Act of 24 December 1999 and the Act of 19 May 2010, the words "of the Act of 16 November 1972 on labour inspection" are replaced by the words "of the Social Criminal Code".
Art. 42. In section 174 of the same coordinated law, as amended by the laws of 13 December 2006, 26 March 2007 and 19 December 2008, the following amendments are made:
1st paragraph 1^er10°, is repealed;
2° in paragraph 4, the third sentence is replaced by the following sentence:
"The requirement of 6° does not apply to the facts referred to in section 143, the Trial Chambers and the Boards of Appeal referred to in section 144, to the Chief Warrant Officer or to the officer designated by him. "
CHAPTER 4. - Amendment of Royal Decree No. 78 of 10 November 1967 on the Exercise of Health Care Professions
Art. 43. Article 35quaterdecies, § 5, of Royal Decree No. 78 of 10 November 1967 concerning the exercise of the professions of health care, as amended by the Royal Decree of 10 November 2009, is supplemented by an 8° written as follows:
"8° the eHealth platform, established by the Act of August 21, 2008 on the institution and organization of the eHealth platform, has access to all the identification data, registration data, and those relating to the authorization of the exercise but not, in the event of the withdrawal of the authorization of the exercise, to the data relating to the reasons for the withdrawal. "
CHAPTER 5. - Amendments to the Act of 25 March 1964 on Drugs
Art. 44. Article 6quater, § 1^erParagraph 1^erof the Act of 25 March 1964 on Drugs, inserted by the Law of 1^er May 2006, the following amendments are made:
1° in the introductory sentence:
(a) the words "and subject to the provisions of articles 7, 8 and 8 bis" are inserted between the words "Article 6, § 1^er and the words ", drugs";
(b) the word "again" is repealed;
2° 4° ) is replaced by the following:
« 4° ) In order to enforce a prescription, the person authorized to issue medications to the public may import a human-use drug that is authorized or registered in the country of origin, on the basis of a statement by the prescriptor in which the prescriptor states that the patient cannot be treated adequately by means of a drug currently placed on the Belgian market, in the following cases:
- there are no drugs with the same pharmaceutical form and the same qualitative and quantitative composition in active substances authorized or registered in Belgium;
- such a drug exists but it is not or more available on the Belgian market, either because the holder of the marketing authorization or the registration of this drug has not yet put this medicine on the Belgian market, or because the licensee has temporarily or definitively stopped putting this medication on the Belgian market.
The King shall determine the other conditions and conditions for the application of this provision. "
CHAPTER 6. - Animals, Plants and Food
Section 1^re. - Amendments to the Act of 20 July 1991 on social and other provisions
Art. 45. The purpose of this section is to partially transpose the Directive 2008/99/EC of the European Parliament and the Council of 19 November 2008 on the protection of the environment by criminal law.
Art. 46. In section 132ter of the Act of 20 July 1991 on social and other provisions, inserted by the law of 1^er March 2007, two sub-items are inserted between subparagraphs 1^er and 2:
"The penal sanctions provided for in the first paragraph shall be imposed on a term of imprisonment of one month to three years and a fine of 1,000 euros to 5,000 euros or an administrative fine when:
1° a genetically modified organism or a container product is put on the market in contravention of the provisions of the decrees made pursuant to section 132 of this Act and the European regulations and decisions relating thereto and that it causes, as a result of a serious negligence in the head of the person who illegally puts it on the market, a release, emission or introduction of a quantity of substances in the atmosphere, water or soil that causes or
2° a genetically modified organism or a container product is put on the market in violation of the provisions of the decrees made pursuant to section 132 of this Act and the European regulations and decisions relating thereto and that it causes, following a serious negligence in the head of the person who illegally puts it on the market, a release, emission or introduction of a quantity of substances in the atmosphere, the water or the soil that causes or substantial
The criminal penalties provided for in the first paragraph shall be imposed on a term of imprisonment of one month to eight years and a fine of 1,000 euros to 10,000 euros or an administrative fine where:
1° a genetically modified organism or a container product is placed on the market in contravention of the provisions of the decrees made pursuant to section 132 of this Act and the European regulations and decisions relating thereto and that it intentionally causes, in the head of the person who unlawfully causes it to the market, a release, emission or introduction of a quantity of substances into the atmosphere, the waters or the soil that causes or is likely to be
2° a genetically modified organism or a container product is placed on the market in contravention of the provisions of the decrees made pursuant to section 132 of this Act and the European regulations and decisions relating thereto and that it intentionally causes, in the head of the person who unlawfully causes it to the market, a release, emission or introduction of a quantity of substances in the atmosphere, the waters or the soil that causes or is likely "
Section 2. - Amendment of the Act of 28 August 1991 on the Exercise of Veterinary Medicine
Art. 47. In section 20 of the Act of 28 August 1991 on the exercise of veterinary medicine the 1st is replaced by the following:
"1° who, without meeting the conditions imposed by Article 4, performs a veterinary act not authorized under Articles 5, 6 and 7.
This provision is not applicable to the student who exercises the above-mentioned activities as part of the legal and regulatory provisions relating to the training program to obtain the title of a veterinary physician; "
PART 7. - Inside
CHAPTER 1^er. - Security and Prevention
Voluntary merging of police areas
Art. 48. In article 91/2, paragraph 1^er, of the law of 7 December 1998 organizing an integrated police service, structured at two levels, inserted by the law of 30 December 2009, the words "to 1^er January 2011 » are deleted.
CHAPTER 2. - Private Security Amendments to the Act of 10 April 1990 regulating private and special security
Art. 49. In Article 1^er of the Act of 10 April 1990 regulating private and special security, last amended by the Act of 28 April 2010, the following amendments are made:
1° in § 1^erParagraph 1^er, the 3° is replaced by the following:
"3° (a) monitoring and/or protection of the transport of goods;
(b) transportation of money or property determined by the King, other than money, which, because of their precious character or specific nature, may be threatened;
(c) management of a cash-counting centre;
(d) Supply, monitoring during activities to automatic ticket distributors and unattended activities to automatic ticket distributors if access to tickets or money cassettes is possible. »;
2° in § 1^erParagraph 5 is repealed;
3° § 1^er is supplemented by four subparagraphs as follows:
"Is considered a money-counting centre within the meaning of paragraph 1^er, 3°, c), the place where a company, other than a credit or bpost institution, counts, packs, keeps securely, distributes or handles in another way, manually or automatedly, money on behalf of third parties.
Derogation from paragraph 1^er, 3°, d), the activities to the automatic ticket distributors, installed in offices of credit or bpost institutions occupied by staff, are not considered as custodial activities.
An office of a credit or bpost institution is considered to be occupied by staff when at least one staff member works.
Is considered to be activities for automatic ticket distributors, maintenance or repair work of these vending machines. »;
4° in § 2, the words « § 1^erParagraph 1^er, 5°, » are replaced by the words « § 1^erParagraph 1^er, 5°, or 3°, (a), (b), (d),”;
5° § 2 is supplemented by two paragraphs written as follows:
"By derogation from paragraph 1^er, however, is not considered to be an internal custodial service which organizes, for own purposes:
1° the "transport of money" activity referred to in § 1^erParagraph 1^er, 3°, b), if the amount of the money carried does not exceed the sum of 30,000 euros;
2° one of the activities referred to in § 1^erParagraph 1^er, 3°, d), in offices of credit or bpost institutions occupied by staff.
Services rendered mutually by natural or legal persons who operate, under the same trade name, commercial activities other than custodial activities, shall, within the meaning of this Act, be considered as services organized for own purposes. "
Art. 50. Article 22 of the Act is supplemented by a § 12 written as follows:
“§ 12. By derogation from Article 1^er§ 2, paragraph 1^era service that organizes the activity of "transport of money", referred to in section 1^er§ 1^erParagraph 1^er, 3°, b), for clean needs, can do so until 1^er January 2013 without being considered an internal custodial service. "
PART 8. - Public Service
CHAPTER 1^er. - Amendments to Royal Decree No. 141 of 30 December 1982 creating a data bank for public sector personnel
Art. 51. Article 2 of Royal Decree No. 141 of 30 December 1982 creating a data bank for public sector personnel, as amended by the law of 22 July 1993, is supplemented by a 7° written as follows:
"7° to public social security institutions. "
Art. 52. In Article 3, § 2, paragraph 1^er, of the same royal decree, replaced by the law of 22 July 1993, the words "1^er January" are replaced by the words "December 31".
CHAPTER 2. - Amendment of the Act of 3 July 1967 on the Prevention or Repair of Damage Caused by Industrial Accidents, Occupational Accidents and Occupational Diseases in the Public Sector
Art. 53. In Article 14bis, § 3, of the Law of 3 July 1967 on the Prevention or Repair of Damage resulting from Industrial Accidents, Accidents on the Road and Occupational Diseases in the Public Sector, inserted by the Law of 20 December 1995 and amended by the Laws of 20 May 1997, 19 October 1998 and 19 January 2001, paragraph 1^er is replaced by the following:
"The legal persons and institutions referred to in Article 1^er, employers of the categories of personnel referred to in section 1^erbis, as well as their prospective insurer, may exercise an action against the insurer that covers the liability of the owner, driver or owner of the motor vehicle or against the Joint Guarantee Fund referred to in Article 80 of the Act of 9 July 1975 on the control of insurance companies, up to the disbursements made under § 1^er and corresponding capital. "
PART 9. - Employment
CHAPTER 1^er. - Amendments to the Act of 5 December 1968 on collective labour agreements and joint commissions
Art. 54. In Article 2, § 3, 1, of the Act of 5 December 1968 on collective labour agreements and joint commissions, as amended by the laws of 3 June 2007 and 8 June 2008, the following amendments are made:
1° the words "the Federal Corporation of Participations" are replaced by the words "the Federal Corporation of Participation and Investment";
2° the words "the Banking and Financial Commission and Insurance" are replaced by the words "the Authority of Financial Services and Markets".
Art. 55. Section 16 of the Act, as amended by the Act of 28 April 2010, is supplemented as follows:
"10th the date and number of the registration of the collective labour agreement or collective labour agreements previously stored that are amended, extended or repealed by the agreement. "
Art. 56. Section 18, last paragraph, of the Act of 5 December 1968 is repealed.
CHAPTER 2. - Additional holiday in the event of start or resumption of activity
Art. 57. In the laws relating to the annual holidays of employees coordinated on 28 June 1971, last amended by the law of 6 June 2010 introducing the Social Criminal Code, a chapter IIIbis entitled:
“Chapter IIIbis. Additional holiday in case of start or resumed activity » .
Art. 58. In chapter IIIbis, inserted by section 57, an article 17bis is inserted as follows:
"Art. 17bis. A three-month period of activity during the calendar year of commencement or resumption of activity, the worker may claim an additional week of vacation from the last week of the three-month period. During this holiday week, the worker is entitled to an amount equal to his or her normal remuneration. The holiday toll granted in the event of a start or resumption of activity is financed by a deduction made on the part of the legal holiday toll that does not correspond to normal pay for vacation days. The King shall determine when the deduction, amount and duration of the deduction is made.
It shall determine the conditions and conditions for the application of this provision. "
CHAPTER 3. - Education leave paid
Art. 59. Article 109, § 1^er, of the Law of Recovery of 22 January 1985 containing social provisions, amended by the Laws of 10 June 1993 and 30 December 2001 and by the Royal Decrees of 23 July 1985 and 10 August 2005, a 6° bis is inserted as follows:
"6° bis. training courses that prepare for the exercise of a job in shortage and are organized by the regional service competent for vocational training; "
Art. 60. In Article 111 of the Act, amended by the Acts of 20 July and 27 December 2006 and 17 May 2007 and by the Royal Decree of 28 March 1995, a § 5bis is inserted, as follows:
“§ 5bis. By derogation from §§ 1^er, 2, 3 and 5, the maximum annual ceiling is set at 180 hours, whether or not the training coincides with working hours and even if it is followed in combination with other training courses, for:
1. training for the exercise of a job in shortage as set out in the unemployment regulations and provided that training is started in a year in which it is on the list of trades in shortage;
2. training in secondary education or social promotion that leads, for the Flemish Community, to a degree in higher secondary education, and, for the French Community, to a certificate of higher secondary education, provided that the worker does not yet have a diploma or certificate of higher secondary education;
3. basic training (French Community) recognized by the Accreditation Commission, or "opleidingen basiseducatie" (Vlaamse Gemeenschap), provided that the worker does not yet have a diploma or certificate of higher secondary education;
4. training that leads to a bachelor's degree or a non-university higher education degree and which are referred to in paragraph 1 of this paragraph, provided that the worker does not yet have an equivalent grade or degree. "
Art. 61. This chapter comes into force on 1^er September 2012.
CHAPTER 4. - Pyramid of ages in case of collective dismissal
Art. 62. This chapter applies to a company that conducts a collective dismissal as referred to in the Royal Decree of 24 May 1976 on collective dismissals.
However, it is excluded from the application of this chapter, companies that undertake collective dismissal as follows:
1° of bankruptcy proceedings;
2° of judicial liquidation pursuant to Article 41, § 1^erthe Act of 31 January 2009 on business continuity;
3° of a business closure within the meaning of Article 3, § 1^er, of the Act 26 June 2002 relating to business closures provided that this closure is complete and concerns all workers of the company.
Art. 63. § 1^er. The number of terminations within the framework of the collective dismissal must be proportionally distributed to age groups.
The age groups referred to in paragraph 1 are groups of less than 30 years of age, 30 to less than 50 years of age and over 50 years of age, where the age reached at the time of notification of the project is taken into account to make a collective termination referred to in Article 7 of the aforementioned Royal Decree of 24 May 1976.
For the purposes of paragraph 1 the workers of the company are divided on the same age groups at the time of notification of the project to make a collective termination referred to in Article 7 of the aforementioned Royal Decree of 24 May 1976.
§ 2. However, in the event that terminations relate only to one or more divisions or one or more segments of activity, it shall not be taken into account, for the purposes of paragraph 1^er workers employed in the relevant divisions or segments of activity.
§ 3. For the purposes of paragraph 1^er, it will be accepted a 10% exemption per age group from the strict application of the proportional distribution of the number of terminations in age groups.
The King may, by order deliberately in the Council of Ministers, provide for derogatory percentages or express the exemption authorized in units according to the size of the company.
§ 4. For the purposes of this Article, workers bound by a fixed-term employment contract or for a clearly defined work shall not be taken into account unless the termination of the contract takes place before the expiry of the term or before the completion of the work following the collective termination.
§ 5. May be excluded from the provisions of paragraph 1^er, the worker who has a key function in the company.
These workers are not taken into account when determining the proportional distribution referred to in paragraph 1^er.
§ 6. The King shall, by order deliberately in the Council of Ministers, establish the modalities and procedure for the application of this Article. This includes the method of concrete calculation of the number of workers of the company by age group, the number of workers terminated by age group, the definition of the division and segment of activity, as well as the evidence to be provided by the employer for the purposes of paragraph 2 and the designation of the competent service to monitor the observance of the age pyramid during the collective dismissal, how and within what time the competent service informs the
Art. 64. Section 327 of the Program (I) Act of 24 December 2002, repealed by the Act of 11 July 2005, is reinstated in the following wording:
"Art. 327. The employer who, as part of a collective termination, proceeds to the dismissal of workers without having satisfied the conditions of Chapter 4 of Title 9 of the Act bearing various provisions (I) of March 29, 2012, loses the right to the reductions of contributions referred to in sections 2 and 3 of this chapter which he has benefited for the trimester of the notification of the project to proceed to a collective termination referred to in Article 7 of the aforementioned Royal Decree of May 24, 1976 on terminations "
Art. 65. The King sets out, by order deliberately in the Council of Ministers, the date of entry into force of this chapter.
CHAPTER 5. - Social Conciliators in Public Services
Art. 66. In the Act of 19 December 1974 organizing relations between public authorities and trade unions of agents under these authorities, a chapter IIIquater entitled "Social Conciliation in the Public Sector" is inserted.
Art. 67. In chapter IIIquater, inserted by section 66 of this Act, an article 12octies is inserted, as follows:
"Art. 12octies. The General Directorate of Collective Labour Relations with the Federal Public Service Employment, Labour and Social Concertation is responsible for social dialogue in the public sector to prevent, monitor and resolve collective disputes between employers and staff members to whom this Act applies.
Social conciliators in the public sector, specific and familiar with the subject matter in question, are appointed to the General Directorate of Collective Labour Relations.
The King determines, by order deliberately in the Council of Ministers, the missions and conditions of appointment of social conciliators in the public sector.
The social conciliator in the public sector fulfils its mission independently with respect to the parties involved in a collective dispute. The joint committee of all public services may determine the modalities of the conciliation procedure. "
CHAPTER 6. - unemployment with company supplement
Art. 68. In the Act of April 12, 2011 amending the Act of 1^er February 2011 on the extension of crisis measures and the implementation of the inter-professional agreement, and carrying out the government's compromise on the draft inter-professional agreement, the title of Chapter 7 is replaced by the following:
"Chômage with company supplement".
Art. 69. Article 45, paragraph 1^erthe same Act is amended to read:
1° the words "for the years 2011 and 2012" are repealed;
2° the words "additional compensation" are replaced by the words "company supplement".
Art. 70. In section 46 of the Act, the words "of supplementary compensation" are replaced by the words "of the company supplement".
Art. 71. In the title of Sections 2 and 3 of Chapter 7 of the Act, the words "Conventional Prepension" are replaced each time by the words "Company Completion".
Art. 72. Section 47 of the Act is amended to read:
1° the date "December 31, 2012" is twice replaced by the date "December 31, 2015";
2° paragraph 2 is repealed;
3° in paragraph 3, which became paragraph 2, the words "in the preceding paragraphs" are replaced by the words "in the preceding paragraph" and the words "in the supplementary allowance" by the words "to the enterprise supplement".
Art. 73. In articles 48, 50 and 52 of the same law, the words "the royal decree of 3 May 2007 setting the conventional prepension within the framework of the Covenant of Solidarity among Generations" are replaced by the words "the royal decree of 3 May 2007 setting the unemployment regime with an additional company".
Art. 74. In section 48 of the Act the date "December 31, 2012" is replaced by the date "December 31, 2015".
Art. 75. In section 49, paragraph 3, of the Act, the words "to the supplementary allowance" are replaced by the words "to the enterprise supplement".
Art. 76. In section 55 of the Act, paragraph 2 is repealed.
Art. 77. This chapter comes into force on the day of its publication in the Belgian Monitor.
CHAPTER 7. - Amendment to Chapter VI of Part XI of the Act of 27 December 2006 on various provisions (I) relating to social security contributions and deductions, due to unemployment plans with an additional company, additional benefits to certain social security benefits and disability benefits
Art. 78. An article 124bis, as follows, is included in the Act of 27 December 2006 on various provisions (I):
"Art. 124bis. The King may, on the proposal of the National Labour Council and by order deliberately in the Council of Ministers, modify the percentages of contributions due in subsections 2.A. and 2.B. and reclassify them according to age. "
Art. 79. This chapter comes into force on 1^er April 2012.
CHAPTER 8. - Amendment of the Decree-Law of 28 December 1944 concerning the social security of workers
Art. 80. It is inserted an article 8ter in the Decree-Law of 28 December 1944 concerning the social security of workers as follows:
"Art. 8ter. The National Employment Office may charge the local agency for the job of the mission to evaluate the active employment of the compensated unemployed and the unemployed who are enrolled as young graduates in search of a first job in order to obtain an allowance for insertion, under its authority and under the conditions and terms and conditions established by the King.
The National Employment Office may also charge the staff members who, pursuant to Article 8, § 11, were made available by him to the local employment agency, under his authority and under the conditions and terms set by the King, to evaluate the active search for employment of the compensated unemployed and the unemployed who are registered as young graduates in search of a first-time job allowance.
PART 10. - Social status of independents
UNIC CHAPTER. - Amendments to the Royal Decree of 30 January 1997 on the pension plan for self-employed persons pursuant to articles 15 and 27 of the Act of 26 July 1996 on social security modernization and ensuring the viability of the legal pension schemes and article 3, § 1^er4°, of the Act of 26 July 1996 to fulfil the budgetary conditions of Belgium's participation in the European Economic and Monetary Union
Art. 81. Article 3 of the Royal Decree of 30 January 1997 on the pension plan of self-employed persons pursuant to articles 15 and 27 of the Act of 26 July 1996 on the modernization of social security and ensuring the viability of the legal pension schemes and article 3, § 1^er, 4°, of the Act of 26 July 1996 to fulfil the budgetary conditions of Belgium's participation in the European Economic and Monetary Union, last amended by the Act of 22 December 2008, are made the following amendments:
1° to § 2, paragraph 4, the words "at the earliest of 1^er January 2007 is replaced by the words "at the earliest of 1^er January 2007 and no later than 1^er December 2012 »;
2° it is inserted a § 2bis written as follows:
“§ 2bis. The pension may nevertheless take place, at the option and at the request of the person concerned, before the age provided for in § 1^erand as early as the first day of the month following the 62nd anniversary.
By derogation from the preceding paragraph, the pension may take place, at the option and at the request of the employee:
1st on the first day of the month following the 60th anniversary when the interested person proves a career of at least 42 calendar years;
2° on the first day of the month following the 61st anniversary when the interested party proves a career of at least 41 calendar years.
Nevertheless, the interested party who, at any given time, meets the age and career conditions set out in this paragraph, paragraph 3, paragraph 2, or article 16bis, §§ 1^er and 2, to obtain a pension before the age referred to in § 1^er, may obtain an early retirement pension at the election and at the request of the electorate, regardless of the effective date of the pension.
When the pension is actually in effect and for the first time not earlier than 1^er January 2016, it is reduced by:
- 18 p.c. if it actually takes place and for the first time as early as the first day of the month following the 61st anniversary and no later than the first day of the sixth month following the 61st anniversary;
- 15 p.c. if it actually takes place and for the first time as early as the first day of the seventh month following the 61st anniversary and no later than the first day of the 62nd anniversary;
- 12 p.c. if it actually takes place and for the first time as early as the first day of the month following the 62nd anniversary and no later than the first day of the month of the 63rd anniversary;
3° to § 3, the following amendments are made:
a. a sub-paragraph is inserted between subparagraphs 1^er and 2:
"The possibility of obtaining an early retirement pension in accordance with § 2bis is subject to the condition of the head of the person concerned to prove a career of at least 40 calendar years that may open pension rights under one or more Belgian legal pension schemes or pension schemes that fall within the scope of the European Social Security Regulations or a social security agreement concluded by Belgium concerning self-employed workers. »;
b. in paragraph 2 former, becoming paragraph 3, the words "the calendar years referred to in paragraph 1^er are replaced by the words "the calendar years referred to in paragraph 1^er and paragraph 2";
c. in former paragraph 3, becoming paragraph 4, the words "under the pension plans referred to in paragraph 1^er are replaced by the words "under pension plans referred to in paragraph 1^er and paragraph 2";
4° to § 3bis, the words "By derogation from § 2" are replaced by the words "By derogation from § 2 and § 2bis";
5° to § 3ter, the following amendments are made:
a. Paragraph 4 is replaced by the following:
"The condition of career referred to in paragraph 1^er is fixed at 42 calendar years for actual pension and for the first time not earlier than 1^er January 2009 and no later than 1^er December 2012. »;
(b) A sub-item is inserted between paragraphs 4 and 5:
"The reduction provided for in § 2bis or article 16bis, §§ 3 to 5, as the case may be, is not applicable when the person concerned proves a career of 41 calendar years for pensions actually taking place and for the first time not earlier than 1^er January 2013. »;
c. in former paragraph 6, becoming paragraph 7, the words "paragraph 3, paragraph 2, 2°" are replaced by the words "paragraph 3, paragraph 3, paragraph 2°";
6° to § 5, paragraph 2, the words “without prejudice to the provisions of §§ 1^er, 2 and 4 or 16, paragraph 1^er are replaced by the words "without prejudice to the provisions of §§ 1^er, 2, 2bis and 4 or 16, §§ 1^er and 2 and 16 bis, § 1^er "
Art. 82. In the same Royal Decree, an article 16bis is inserted as follows:
"Art. 16bis. § 1^er. By derogation from Article 3, § 2bis, paragraph 1^er, the pension may take place, at the option and at the request of the employee, at the earliest:
1st on the first day of the seventh month following the 60th anniversary when the pension is actually taking place and for the first time as soon as 1^er January 2013 and no later than 1^er December 2013;
2° on the first day of the month following the 61st anniversary when the pension is actually taking place and for the first time as soon as 1^er January 2014 and no later than 1^er December 2014;
3° on the first day of the seventh month following the 61st anniversary when the pension is actually taking place and for the first time as early as 1^er January 2015 and no later than 1^er December 2015.
By derogation from the previous paragraph, 1° and 2°, the retirement pension may take place on the first day of the month following the 60th anniversary when the employee proves a career of at least 40 calendar years.
Derogation from paragraph 1^er, 3°, the retirement pension may take place as early as the first day of the month following the 60th anniversary when the employee proves a career of at least 41 calendar years.
By calendar years within the meaning of the preceding paragraphs, it is necessary to hear the years likely to open pension rights under one or more Belgian legal pension schemes within the meaning of Article 3, § 3, paragraph 3, or regimes that fall within the scope of the European Social Security Regulations or a social security agreement concluded by Belgium concerning pensions of wage workers or self-employed workers.
§ 2. By derogation from Article 3, § 3, paragraph 2, the condition of career duration shall be reduced:
1° to 38 years when the pension is actually in effect and for the first time as early as 1^er January 2013 and no later than 1^er December 2013;
2° to 39 years when the pension is actually in effect and for the first time as early as 1^er January 2014 and no later than 1^er December 2014.
§ 3. When the pension is actually in effect and for the first time not earlier than 1^er January 2013 and no later than 1^er December 2013, it is reduced by:
- 25 p.c. if it actually takes place and for the first time no later than the first day of the sixth month following the 60th anniversary;
- 21.5 p.c. if it actually takes place and for the first time not earlier on the first day of the seventh month following the 60th anniversary and no later than the first day of the 61st anniversary;
- 18 p.c. if it actually takes place and for the first time as early as the first day of the month following the 61st anniversary and no later than the first day of the 62nd anniversary;
- 12 p.c. if it actually takes place and for the first time as early as the first day of the month following the 62nd anniversary and no later than the first day of the month of the 63rd anniversary.
§ 4. When the pension is actually in effect and for the first time not earlier than 1^er January 2014 and no later than 1^er December 2014, it is reduced by:
- 25 p.c. if it actually takes place and for the first time no later than the first day of the sixth month following the 60th anniversary;
- 21.5 p.c. if it actually takes place and for the first time not earlier on the first day of the seventh month following the 60th anniversary and no later than the first day of the 61st anniversary;
- 18 p.c. if it actually takes place and for the first time as early as the first day of the month following the 61st anniversary and no later than the first day of the 62nd anniversary;
- 12 p.c. if it actually takes place and for the first time as early as the first day of the month following the 62nd anniversary and no later than the first day of the month of the 63rd anniversary.
§ 5. When the pension is actually in effect and for the first time not earlier than 1^er January 2015 and no later than 1^er December 2015, it is reduced by:
- 25 p.c. if it actually takes place and for the first time no later than the first day of the sixth month following the 60th anniversary;
- 21.5 p.c. if it actually takes place and for the first time not earlier on the first day of the seventh month following the 60th anniversary and no later than the first day of the 61st anniversary;
- 18 p.c. if it actually takes place and for the first time as early as the first day of the month following the 61st anniversary and no later than the first day of the sixth month following the 61st anniversary;
- 15 p.c. if it actually takes place and for the first time as early as the first day of the seventh month following the 61st anniversary and no later than the first day of the 62nd anniversary;
- 12 p.c. if it actually takes place and for the first time as early as the first day of the month following the 62nd anniversary and no later than the first day of the month of the 63rd anniversary. "
Art. 83. The provisions of articles 81 and 82 apply to pensions that are actually taking place and for the first time not earlier than 1^er January 2013.
Art. 84. The individual who, by 31 December 2012, meets the age and career conditions set out in Article 3, § 2, paragraph 1^er, and § 3, paragraph 1^er, of the Royal Decree of 30 January 1997 concerning the pension plan of the aforementioned independent workers, to obtain a pension before the age referred to in Article 3, § 1^er, of the same order, may obtain an early retirement pension at the earliest of the first^er January 2013.
Art. 85. Sections 81 to 84 come into force on 1^er January 2013.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 29 March 2012.
ALBERT
By the King:
The Prime Minister,
E. DI RUPO
Minister of Finance and Sustainable Development, Public Service
S. VANACKERE
Minister of Economy and Consumers,
J. VANDE LANOTTE
The Minister of the Interior,
Ms. J. MILQUET
Minister of Social Affairs and Public Health,
Ms. L. ONKELINX
Minister of Independents, MEPs and Agriculture,
Mrs. S. LARUELLE
The Minister of Employment,
Ms. M. DE CONINCK
The Secretary of State for Energy,
Mr. WATHELET
For the Secretary of State for Social Affairs, Families and Persons with Disabilities,
Professional Risk Officer, absent:
Minister of Social Affairs and Public Health,
Ms. L. ONKELINKX
State Secretary to the Public Service,
H. BOGAERT
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) Documents of the House of Representatives:
Doc 53 2097/ (2011/2012):
001: Bill.
002 to 004: Amendments.
005 to 008: Reports.
009: Text adopted by the Committees.
010: Amendments.
011: Supplementary report.
012: Text adopted by the Committees.
013: Text adopted in plenary and transmitted to the Senate.
Full report: 22 March 2012.
Documents of the Senate:
5-1547-2011/2012
No. 1. - Project referred to by the Senate.
n^bones 2 to 4. - Reports.
No. 5. - Amendments.
No. 6. - Decision not to amend.
Annales of the Senate: March 28, 2012.