Law On The Miscellaneous Provisions (I) (1)

Original Language Title: Loi portant des dispositions diverses (I) (1)

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Posted the: 2012-03-30 Numac: 2012021057 FEDERAL CHANCELLERY of the Prime Minister PUBLIC SERVICE March 29, 2012. -Law concerning various provisions (I) (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: title 1. -Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
TITLE 2. -Social Affairs chapter 1. -Modification of the Decree-Law of February 7, 1945 concerning the social security of the sailors in the Navy market, introducing a solidarity for the arts amarinage
2A article 3 of the Decree-Law of February 7, 1945 concerning the social security for the sailors of the Merchant Navy, as last amended by the law of June 17, 2009, inserted a new paragraph 3e., to read as follows: "§ 3E.". From June 1, 2012, a solidarity contribution of 5.42 percent to the owner is due on the total compensation for an amarinage trip.
The total compensation for an amarinage trip consists of an allowance granted by the Pool section of the sailors of the Caisse de Secours et de Prévoyance for sailors, an extra charge of welfare granted by the professional fund merchant and compensation to the owner.
This contribution shall be paid by the shipowner at the same time and under the same conditions as the contributions of social security for seafarers.
The proceeds of the contribution is paid to the ONSS-global management referred to in article 5, paragraph 1, 2 °, of the law of 27 June 1969 revising the Decree-Law of 28 December 1944 on social security for workers.
This assessment includes social security contributions, particularly as regards statements with justification contributions, payment delays, the application of civil remedies and criminal provisions, the control, the competent judge in case of dispute, the limitation period for prosecutions, the privilege and the communication of the amount of the claim of the Caisse de Secours et de Prévoyance for sailors.
The King may determine the terms and conditions for amarinage and collecting travel and recover the assessment of solidarity by the Caisse de Secours et de Prévoyance for sailors. » Art. 3 section 2 comes into force on June 1, 2012.
CHAPTER 2. -Amendments to the law on compulsory health care and compensation, co-ordinated on 14 July 1994 Section 1st insurance. -Self-employed persons and caregivers subject to social status art. 4 in article 86, § 3, of the law on compulsory health care and benefits insurance, co-ordinated on 14 July 1994, paragraph 1 is replaced by the following: "the King may, by deliberate in Council of Ministers order, provide insurance benefits for self-employed workers and caregivers under the legislation organizing the social status of the self-employed as well as the spouses referred to in article 7A of the royal decree No. 38 of 27 July." 1967 organizing the social status of self-employed persons.
' Section 2. -Disabilities work article 5. article 96 of the law on compulsory insurance health care and benefits, co-ordinated on 14 July 1994, amended by the programme Act (II) of 24 December 2002, is hereby repealed.
S. 6. article 100, § 2, of the coordinated Act, as amended by the programme Act (II) of 4 July 2011, is completed as follows: "the King also determines what conditions and to what extent benefits are granted in the event of non-compliance with the time or the conditions laid down in paragraph 2.
The decision of refusal to grant permission to return to work or decision which puts an end to the incapacity for work because the licensee does not retain a reduction in capacity of at least 50 per cent on the medical plan, produce their effects as soon as possible from the day after the date of shipment or delivery of the decision to the holder. The King determines under what conditions and to what extent the allowances shall be granted for the period preceding the date of effect of the abovementioned decisions. » Art. 7. article 5 has effect 1 January 2012 and applies to the disabilities of work starting from this date.
CHAPTER 3. -Amendments of December 19, 1939 coordinated laws on family allowances for employed persons art. 8. article 28 of December 19, 1939 coordinated laws on family allowances for wage-earners, replaced by the law of August 12, 2000, is replaced by the following provision: «art.» 28. the Management Committee of the national Office for family allowances for employed persons imposes on a family allowance Fund, within the time limit set by it, the establishment of a plan of reorganization in the following cases: has) when the criterion of administrative management evaluation referred to in article 7, 1 °, of the royal decree of 9 June 1999 on the management accounts and administrative reserve the family allowance funds is less than 92.5%;
(b) where the sum of debts related to management of the Fund represents 125% of own resources, included provisions of the Fund at year-end.
Absence of appropriate plan, within the time limit, the Management Committee may impose itself a reorganization plan to the family allowance Fund.
In this case, the family allowance Fund may appeal against the plan of remedy imposed to the competent Minister within fifteen calendar days following the notification of the plan of adjustment decided by the Management Committee. The appeal is not suspensive. The Minister takes a decision within thirty calendar days from the date of lodging the claim. At the end of the reorganization plan, the Agency Management Committee provides a reasoned opinion to the Minister.
The approval may be withdrawn by the King, on the proposal of the Agency Management Committee: has) when the criterion of administrative management evaluation referred to in article 7, 1 °, of the royal decree of 9 June 1999 on the management accounts and administrative reserve the family allowance funds is less than 90% for three consecutive years;
(b) if the amount of the reserve fund of the family allowance fund is not sufficient for at least three consecutive years to cover family benefits paid unduly, referred to in article 91, § 4, 2 ° to 5 °, and the losses referred to in section 91, § 4, 6 °;
(c) if the amount of the family allowance fund administrative reserve is not enough for at least three consecutive years to cover deficits referred to in article 94, § 7, 3 °;
(d) where a family allowance Fund has not respected the procedure for authorisation referred to in article 170 and that the breach of this provision is a detrimental serious to the financial balance of the scheme of family allowances for employed persons;
(e) where the sum of debts related to the management of the family allowance fund operations represents 200% of own funds, included provisions of the Fund at year-end;
(f) when a Fund has not respected the provisions of article 170bis and that the breach of this provision is a detrimental serious to the financial balance of the scheme of family allowances for employed persons.
If in the case referred to in paragraph 4, b) and (c)), the King does not decide to withdraw the approval, the Agency Management Committee may, for the recovery of the financial situation of the family allowance Fund, require this box to submit, within the time limit set by it, a reorganization plan. Absence of appropriate plan, within the time limit, the Management Committee may impose itself a reorganization plan to the family allowance Fund.
In this case, the family allowance Fund may appeal against the reorganization plan imposed, to the Minister of Social Affairs, within fifteen calendar days following notification of the reorganization plan by the Committee of management of the Office. The appeal is not suspensive. The Minister takes a decision within thirty calendar days from the date of lodging the claim. At the end of the reorganization plan, the Agency Management Committee provides a reasoned opinion to the Minister. » Art. 9. article 69, § 3, same laws coordinated, replaced by the law of 24 December 2002, is hereby amended as follows: 1 ° the words ', the provisional administrator,' shall be inserted between the words "trustee" and "or the successful bidder";
2 ° a paragraph worded as follows complements the provision: "the child may also oppose payment to the person to the § 1, by invoking his interest.»
S. 10. article 70B of the same coordinated laws, inserted by the law of 24 December 2002, is replaced by the following provision: «art.» 70B. an allowance which the King, by Decree deliberated in the Council of Ministers, fixes the amount and the conditions for granting, is due when the child is placed in an individual through or load of a public authority.
This allowance is due to the beneficiary who received family allowances for the child immediately before the measurement of investment or investment measures which he did object, as long as it maintains regular contacts with the child or shows him wear interest.
When this beneficiary no longer meets the conditions referred to in paragraph 2, the allocation is paid to the person who, in his place, partially raising the child

within the meaning of article 69 by having regular contact with him and in him showing interest.
Entitlement to the lump-sum allowance was born in the head of a beneficiary the first day of the month following the notification to the competent body of family allowances, of the decision taken by the administrative or judicial authority which intervened in the procedure of investment, noting that the conditions are met by him. » Art. 11. article 170 of the same coordinated laws, replaced by the royal decree of October 25, 1960, is replaced by the following provision: «art.» 170. the national Office of family allowances for employed persons may enter into a loan than if he has been previously authorized by the competent Minister.
A box of free allowances or a special fund may enter into a loan or financial leasing contract with the result that the sum of the debts management operations would be more than 100% equity, included provisions on condition that previously authorized by the competent Minister, on the advice of the Committee of management of the Office. The approval of the Minister is supposed to forfeited if no decision has been taken within a period of two months to the date of application of the Fund. » Art.
12. article 170bis, paragraph 1 of the same acts, coordinated, inserted by the royal decree of 10 April 1957, is replaced by the following provision: "the free family allowance funds and special funds cannot acquire or dispose of properties, without having been previously, the authorization of the competent Minister, on the advice of the Committee of management of the national Office for family allowances for employed persons. The approval of the Minister is supposed to forfeited if no decision has been taken within a period of two months to the date of application of the Fund. » TITLE 3. -Agriculture chapter 1. -Federal Agency for the safety of the food chain Section 1st. -Modifications of the royal decree of November 10, 2005 fixing the contributions referred to in article 4 of the Act of 9 December 2004 on the financing of the Federal Agency for the safety of the food chain art.
13. article 1bis, 3 °, of the royal decree of 10 November 2005 setting the contributions referred to in article 4 of the law of 9 December 2004 on the financing of the Federal Agency for the safety of the food chain, inserted by the law of July 20, 2006 and amended by laws of December 27, 2006-December 22, 2008, is complemented by the f and g. written as follows : "f. closed facilities where aquatic animals without intent to put them on the market;
g. recreational fisheries with restocking. ».
S. 14A article 11 of the same Decree, the following changes are made: 1 ° in §2, 2 ° is replaced by the following: "2 ° to the beneficiaries of the reduction, for the year following that during which they start a new activity, provided that they get to the latter activity, and from the beginning, the validation of a self-control system. , within six months if they begin a new activity before 1 January 2012, or 12 months if they start a new activity after December 31, 2011. »;
2 ° in the § 2, 3 ° is supplemented by the words «, if they have started their activities in the unit of establishment before January 1, 2012, or twelve months of their start, if they have started their activities in the establishment unit after December 31, 2011.»;
3 ° § 4 is supplemented by the 3 ° as follows: «3 ° to wholesale operators provided that they do not physically handle the products and that the products do not pass through their establishment unit. ''
Section 2. -Modifications of the royal decree of 22 February 2001 organizing the checks carried out by the Federal Agency for the safety of the food chain and amending various legal provisions art. 15. article 1, paragraph 2, of the royal decree of 22 February 2001 organizing the checks 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.
S.
16. section 3 of the same Decree, as amended by laws of March 28, 2003, 22 December 2003 and 1 March 2007, the following changes are made: has) in the § 1, paragraph 1, and in § 4, paragraph 1: 1 °) 'provisions of this order' are each time replaced by the words "provisions of this arrested or taken in execution of the ';
2 °) the words "and decisions" are each time inserted between the words "regulations" and "of the European Union ';
((b) in section 6, paragraph 1: 1 °) the words 'or to the provisions adopted in implementation of article 3, § 5, article 4 or article 8 of this order' are replaced by the words 'or to the provisions of the present arrested or taken in execution of the '.
2 °) the words "and decisions" shall be inserted between the words ' regulations' and 'of the European Union.
S. 17. section 6 of the same Decree, as amended by the acts of 30 December 2001, December 22, 2003 and December 9, 2004, the following changes are made: has) in the § 1, paragraph 1, 'the non-compliance to the provisions of the law that regulates them or its execution orders or regulations of the European Union' shall be replaced by the words "non-compliance with the provisions which regulate."
(b) in paragraph 2, "not conforming to the provisions of the law that regulates them or its orders of execution" shall be replaced by the words "not comply with the provisions which regulate.
S. (18. at article 7, § 1, of the arrested, amended by the law of March 28, 2003, the following changes are made: 1 °) the words 'or the provisions adopted in implementation of article 3, § 5, article 4 or article 8 of this order, or the regulations of the European Union' shall be replaced by the words "or to the provisions adopted in implementation of this order ', or the regulations and decisions of the European Union ';
2 °) "doctor or licensed" shall be replaced by the words "PhD, licence or master.
S. 19A article 8 of the same Decree, as amended by the acts of 30 December 2001 and 28 March 2003, paragraphs 1 and 2 are replaced by the following: "where it is found that there is a grave and imminent danger to public health, animal health or the protection of plants in a place and when the laws referred to in article 5 of the law of February 4, 2000 and their orders of execution or this order and its". orders of execution, as well as the regulations of the European Union, is not possible or is not sufficient, the Minister may, by reasoned decision and without requesting the notice prescribed by the said laws, take or impose any measure to remedy, including the total or partial of a facility closure.
If certain products regulated by or under the laws referred to in article 5 of the law of February 4, 2000, by or pursuant to this order and its execution decrees or by the regulations of the European Union, constitute a grave and imminent public health danger, animal health or the protection of plants or for the health of consumers and where the abovementioned provisions do not or are not enough the Minister may, by reasoned decision and without requesting the notice prescribed by the laws, take or impose any measure that prevents that these products can constitute a danger.
These measures may include the destruction of the products in question. "CHAPTER 2. -office response and Belgian restitution (C) amendment of the law of 10 November 1967 establishing the intervention and Belgian restitution Office, coordinated by the royal decree of 3 February 1995 art.
20. article 11 of the law of 10 November 1967 establishing the intervention and Belgian restitution Office, coordinated by the royal decree of 3 February 1995 and amended by the Act of July 7, 2002, is replaced by the following: «art.» 11. the administrative expenses of the Office are covered by an annual subsidy in a program of organic Service Public Federal economy, SMEs, Middle Classes and energy division. ».
S. 21. article 20 is effective January 1, 2011.
TITLE 4. -Self-employed and SMEs Chapter 1. — Amendment Act of 13 August 2004 on the authority to trade settlements article
22 article 8, paragraph 3, of Act of 13 August 2004 on the authority to trade settlements, the words "absence of decision' are replaced by the words"Absence of notification of the decision".
CHAPTER 2. -Annual contribution charge of corporations, for the social status of self-employed persons art. 23. in article 91, paragraph 2, of the Act of 30 December 1992 establishing of social and various provisions, as amended by the Act of 22 December 2003, the word "including" is repealed.
S.
24. in article 94 of the same Act, as amended by the Act of 20 December 1995 and the royal decree of December 19, 2010, 9 ° is replaced by the following: «9 ° depending on how companies of persons registered as commercial enterprise in the Crossroads Bank for enterprises and formed after January 1, 1991, are exempt, during the first three years from the year of their incorporation of the obligation of assessment under this chapter.
The

abovementioned companies will not benefit from this exemption as if their manager or their managers, as well as the majority of their active associates who are not managers, have not been, during the ten years preceding the formation of the company, subject to order royal No. 38 of 27 July 1967 organizing the social status of the self-employed for more than three years; ».
TITLE 5. -Energy chapter 1. -Amendment of the Act of 29 April 1999 on the organisation of the market for electricity s. 25 article 7, § 1, of the Act of 29 April 1999 on the organisation of the electricity market, as last amended by the Act of January 8, 2012, is supplemented by a paragraph 4 as follows: "subject to paragraph 3, by Decree deliberated in the Council of Ministers, on a proposal from the commission, the King may modify, 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, confirmed by article 427 of the programme law (I) of 24 December 2002. "CHAPTER 2. -Modification of the royal decree of 16 July 2002 on the establishment of mechanisms for the promotion of electricity produced from renewable energy sources s. 26. article 17 of the royal decree of 16 July 2002 on the establishment of mechanisms for the promotion of electricity produced from renewable energy sources, confirmed by article 427 of the programme law (I) of 24 December 2002, is hereby repealed.
CHAPTER 3. -Temporary freezing of the indexing of gas and electricity Section 1st variable contracts. -Changes of the Act of 29 April 1999 on the organisation of the market for electricity s. 27. in article 20bis of the Act of 29 April 1999 on the organisation of the electricity market, inserted by the Act of January 8, 2012, the following changes are made: 1 ° § 3 is supplemented by the following sentence: "the commission also examines whether the indexation applied by the provider formula conforms to the exhaustive list of accepted criteria referred to the § 4A. ';
2 ° § 4, paragraph 1, is supplemented by the following sentence: "the commission also determines if referred indexing formula to the § 1, is in accordance with the exhaustive list of accepted criteria referred to the § 4A. ';
3 ° in § 4, paragraph 3, in fine, the words 'properly applied' are replaced by the words "properly applied and if this indexation formula conforms to the exhaustive list criteria, referred to the § 4A. ';
4 ° § 4, paragraph 4, is replaced by the following: "when final, the finding of the commission referred to in paragraph 1 the commission shall remains the provider to credit customers concerned for the part of the energy component overcharged. The commission also requires the provider an administrative penalty in the amount of the total amount to be credited to affected customers. »;
5 ° it is inserted a § 4A, as follows: "§ 4A.» By Decree deliberated in the Council of Ministers, the King, after proposal from the commission, shall adopt an exhaustive list of criteria admitted for the development by each of the providers of the indexing parameters so that they meet with transparent, objective and non-discriminatory criteria and are representative of the actual costs of supply.
Purposes of monitoring, the commission shall forward annually to the Government a report on the evolution of the parameters of indexation of suppliers. ' Section 2. -Amendments to the law of 12 April 1965 on the transport of gaseous and other products by pipelines s. 28. in article 15/10bis of the Act of 12 April 1965 on the transport of gaseous and other products by pipelines, inserted by the Act of January 8, 2012, the following changes are made: 1 ° § 3 is supplemented by the following sentence: "the commission also examines whether the indexation applied by the provider formula conforms to the exhaustive list of the accepted criteria referred to the § 4A. ';
2 ° § 4, paragraph 1, is supplemented by the following sentence: "the commission also determines if referred indexing formula to the § 1, is in accordance with the exhaustive list of accepted criteria referred to the § 4A. ';
3 ° to the § 4, paragraph 3, in fine, the words 'properly applied' are replaced by the words "properly applied and if this indexation formula conforms to the exhaustive list accepted criteria referred to the § 4bis. ';
4 ° § 4, paragraph 4, is replaced by the following: "when final, the finding of the commission referred to in paragraph 1 the commission shall remains the provider to credit customers concerned for the part of the energy component overcharged. The commission also requires the provider an administrative penalty in the amount of the total amount to be credited to affected customers. »;
5 ° it is inserted a § 4A, as follows: "§ 4A.» By Decree deliberated in the Council of Ministers, the King, after proposal from the commission, shall adopt an exhaustive list of criteria admitted for the development by each of the providers of the indexing parameters so that they meet with transparent, objective and non-discriminatory criteria and are representative of the actual costs of supply.
Purposes of monitoring, the commission shall forward annually to the Government a report on the evolution of the parameters of indexation of suppliers. "Section 3. -Amendments to the Act of January 8, 2012, on the amendments to the Act of 29 April 1999 on the organisation of the market of electricity and act of 12 April 1965 the transport of gaseous and other products by pipelines s.
29. article 108 of the law of 8 January 2012 on the amendments to the Act of 29 April 1999 on the organisation of the market of electricity and of the Act of 12 April 1965 on the transport of gaseous and other products by pipelines is replaced by the following: «art.» 108 § 1.
Without prejudice to the provisions of § 2, paragraph 2, article 20A, § 1, and §§ 5 to 7, of the Act of 29 April 1999 on the organisation of the electricity market and article 15/10A, § 1, and §§ 5 to 7, of the Act of 12 April 1965 on the transport of gaseous and other products by pipelines, as inserted by article 29 and 82 come into force on April 1, 2012.
§ 2. Article 20bis, §§ 2 to 4, of the Act of 29 April 1999 on the organisation of the electricity market and article 15/10A, §§ 2 to 4, of the Act of 12 April 1965 on the transport of gaseous and other products by pipelines, as inserted by article 29 and 82 come into force January 1, 2013.
From April 1, 2012, and ending no later than December 31, 2012, the indexing to the variable price increase energy for the supply of electricity and natural gas is prohibited, insofar as it exceeds the initial rate on the basis of the parameters of indexation of suppliers to April 1, 2012 and for as far as the commission has not validated , on the basis of the criteria laid down by the King referred to the § 4A of article 20bis of the Act of 29 April 1999 on the organisation of the electricity market and 15/10bis of the Act of 12 April 1965 on the transport of products gas and other pipelines, such as inserted by articles 29 and 82 and modified by articles 27 and 28 of the Act of 29 March 2012 provisions various (I) the settings for indexing a contract type to the variable price.
From April 1, 2012, the commission invites suppliers to provide the elements on the basis of which they have set their parameters of indexation of contracts to variable energy prices for contracts in progress. After the entry into force of the royal decree referred to the § 4A of article 20bis of the Act of 29 April 1999 on the organisation of the electricity market and 15/10bis of the Act of 12 April 1965 on the transport of products gas and other pipelines, such as inserted by articles 29 and 82 and modified by articles 27 and 28 of the Act of 29 March 2012 provisions various (I) before 31 December 2012 and at the individual request of the suppliers, the Commission analysis indexing settings which is communicated by suppliers. Within a period of 15 working days from receipt of the individual request of suppliers by the commission, the commission shall determine, in individual cases, if the index of a contract-type settings meet the criteria set by said order. If the index of a contract-type settings meet the criteria laid down in the order described in the § 4A of article 20bis of the Act of 29 April 1999 on the organisation of the electricity market and 15/10bis of the Act of 12 April 1965 on the transport of products gas and other pipelines, such as inserted by articles 29 and 82 and modified by articles 27 and 28 of the Act of 29 March 2012 provisions various (I) the commission validates the parameters of indexation for such contract. Absence of a response from the commission within the period of 15 working days, the index for a contract-type settings are considered as being validated. As soon as the index of a contract-type settings are validated by the commission, the variable price of energy of such contract can again be indexed at least four times a year, whenever the 1st day of a quarter.
The King may, by Decree deliberated in Council

of Ministers, put into force the indexation mechanism referred to in section 20A, §§ 2 to 4, of the Act of 29 April 1999 on the organisation of the electricity market and 15/10A, §§ 2 to 4, of the Act of 12 April 1965 on the transport of gas and other pipelines, as inserted by section 29-82, before January 1, 2013 upon the occurrence of a case of force majeure resulting from a cause external, unforeseeable and irresistible character, or during the demonstration of perverse side effect resulting from the measure of prohibition of indexing to increase. This early entry into force cancels the mechanism of freezing of the indexation of the variable prices of electricity and gas referred to in the second subparagraph. ».
Section 4. -Entry into force art.
30. This chapter comes into force April 1, 2012.
TITLE 6. -Public health chapter 1. -Amendment to the law of 6 August 1990 on mutual societies and the national unions of mutual societies art. 31. in article 11, § 1, of the law of 6 August 1990 on mutual insurance companies and mutual societies national unions, two paragraphs worded as follows shall be inserted between paragraphs 3 and 4: "by way of derogation from paragraph 3, control Office is pronounced about the statutes and their amendments which came into force decided by the Assembly of the entities concerned postdates 1 January 2012 and no later than 1 January 2014. within a period maximum of 120 calendar days from the date on which these statutes or modifications thereof was transmitted in accordance with paragraph 2. At the expiry of that period, the approval is regarded as given.
The King may, however, by Decree deliberated in the Council of Ministers and with the assent of the Board of control, reporter of maximum one year the date of January 1, 2014, referred to in the preceding paragraph.
».
S. 32. article 31 is effective January 1, 2012.
CHAPTER 2. -Amendments to the law of 29 June 1981 laying down the General principles of social security for employed persons art. 33. in article 37quater of the law of 29 June 1981 laying down the General principles of social security for workers, the following changes are made: 1 ° § 4 of article 37quater, repealed by the law of 27 December 2006 concerning the miscellaneous provisions (I), is restored in the following wording: "§ 4. If, after the end of their mandate, the Chairmen of the public social assistance centres or their replacements as well as former presidents of CPAS and their replacements do not qualify for insurance benefits mandatory health care that, pursuant to article 32, 15 °, of the law on compulsory insurance health care and benefits, coordinated on July 14, 1994 personal contributions due under this provision are supported by the public social assistance centre.
»;
2 ° § current 4 becomes paragraph 5.
CHAPTER 3. -Amendments to the law on compulsory health care and benefits, insurance co-ordinated on 14 July 1994 Section 1st. -Drugs - thresholds s. 34. in article 73, § 3, paragraph 6, of the law on compulsory insurance health care and benefits, co-ordinated on 14 July 1994, replaced by the Act of June 8, 2008, the words "and the thresholds" are repealed.
Section 2.
-Control medical art. 35A article 73bis of the Act on compulsory insurance health care and benefits, co-ordinated on 14 July 1994, inserted by the law of December 13, 2006, the following changes are made: 1 ° in 1 °, the words «referred to in this Act or its implementing orders» are replaced by the words "allowing reimbursement of health benefits";
2 ° in 2 °, the words "in this Act, its orders of execution or conventions or agreements under this same Act" are replaced by the words "in this Act, in its laws and regulations, in the conventions and agreements under this Act";
3 ° 7 ° is replaced by the following provision: "7 ° to prepare, do writing, issue, or issuing regulatory documents that do not meet the strictly administrative formalities which do not call into question the conditions for reimbursement of health benefits;".
S.
36A article 139, paragraph 2, of the same law coordinated, amended by the Act of December 13, 2006, the following changes are made: 1 ° in 3 °, the words «on the map of reality and compliance with the provisions of this Act and its implementing orders» are replaced by the words "on the plan of the reality and compliance with the provisions of this Act". its orders and regulations of execution and of conventions and agreements under this same Act;»
2 ° in 5 °, the words "or by an official designated by him" shall be inserted between the words "servant-leader" and the words ", by his Committee.
S. 37. in article 141, § 1, paragraph 1, 3 °, of the coordinated Act, 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 "§ 2".
S. 38A section 142 of the Act coordinated, restored by the law of 13 December 2006, and amended by the Act of 27 December 2006, the following changes are made: 1 ° § 2 is replaced by the following provision: "§ § 2 2» The material elements of the offence referred to in article 73bis are recognized by social inspectors referred to in article 146 in a report prepared in accordance with article 64 of the social Criminal Code.
A_peine of nullity, these findings should take place within two years: has) effective agenda where documents relating to the disputed facts are received by Canadian insurers;

(b) on and after the day where the findings communicated by profiles commissions or by the national College of medical consultants are received by the Service evaluation and medical control.

The certified report is prima facie evidence to the contrary provided that a copy is forwarded to the perpetrator of the offence and, where applicable, the person or entity referred to in article 164, paragraph 2, within a period of fourteen days taking price the day after the date of the finding of the infringement by social inspectors referred to in article 146. »;
2 ° in § 3, 2 °, the words "under its jurisdiction must be determined by the supervising official or an official designated by him, within two years from the date of the minutes" are replaced by the words "which fall within the competence of the civil servant-leader, or the officer designated by him, are introduced in the two years following the date of the certified report. ', by the invitation to communicate defences under article 143, § 2, paragraph 3,
S. 39A Section 143 of the Act coordinated, restored by the law of 13 December 2006, and amended by laws of December 27, 2006 and December 19, 2008, the following changes are made: 1 ° in the § 1, 1 ° is replaced by the following provision: «1 ° the offences referred to in article 73bis, 1 °, 2 ° and 3 °, of the law if the value of the disputed benefits is less than € 25,000;»
2 ° in § 2, paragraph 3, the words "or, is it proclaims" are replaced by the words "and, is it proclaims";
3 ° § 3 is replaced by the following provision: "in the event of infringement of the provisions of article 73bis, 1 °, 2 °, 3 °, 7 ° and 8 °, the servant-leader, or an official designated by him, decides to the implementation of the measures set out in article 142. The decision must be notified within three months of receipt of the means of defence or, Alternatively, within three months of the expiry of the period provided for in article 143, § 2, paragraph 3. ».
S. 40A article 146, § 1, of the same law co-ordinated, the following changes are made: 1 ° in the paragraph 1, the words "social controllers have as mission to detect and see the illegal competition from the grant of compensation for incapacity for work and the exercise of a professional activity or work fraudulent." are repealed;
2 ° paragraph (2) is repealed.
S. 41 A article 150, paragraph 1, of the Act of coordinated, which is inserted by the law of 17 August 1994 and amended by the Act of 20 December 1995, Act of 24 December 1999 and law of May 19, 2010, the words 'of the labour inspection Act of 16 November 1972"shall be replaced by the words 'of the social Criminal Code.
S. 42 in article 174 of the coordinated Act, amended by law of December 13, 2006, March 26, 2007 and December 19, 2008, the following changes are made: 1 ° 1st paragraph, 10 °, is repealed.
2 ° in paragraph 4, the third sentence is replaced by the following sentence: «the requirement laid down in the 6th applies not to the facts submitted to the employee-manager or designated officer by him referred to in article 143, the trial chambers and the boards of appeal referred to in article 144.».
CHAPTER 4. -Modification of the royal decree No 78 of 10 November 1967 on the exercise of the professions of health care s.
43. article 35quaterdecies, § 5, of the order royal No. 78 of 10 November 1967 on the exercise of the professions of health care, amended by the royal decree of November 10, 2009, is complemented by an 8 ° as follows: «8 ° the eHealth platform, introduced by the Act of August 21, 2008 relating to the institution and the Organization of the eHealth platform has access to all data

identification, data relating to certification, as well as those concerning the authority to exercise but not, in the event of withdrawal of the authorisation, to data on the reasons causing the withdrawal. ».
CHAPTER 5. -Amendments to the law of 25 March 1964 on medicines article
44. A article 6quater, § 1, paragraph 1, of the law of 25 March 1964 on medicines, inserted by the Act of May 1, 2006, the following changes are made: 1 ° in the introductory sentence: has) the words "and subject to the provisions of articles 7, 8 and 8A" shall be inserted between the words "article 6, § 1" and the words ", drugs."
(b) the word "yet" is repealed;
2 4 ° °) is replaced by the following: ' 4 °) in order to run a prescription, the person authorised to supply medicinal products to the public may import a medicinal product for human use which is authorized or registered in the country of origin, on the basis of a statement by the prescriber in which it stated that the patient can not be treated adequately with a drug currently marketed on the Belgian market. , in the following cases:-there is no medicinal product having the same pharmaceutical form and the same qualitative and quantitative composition in active substances, authorized or registered in Belgium
-a such medicine exists but it is not or more available on the Belgian market, because that the holder of the authorisation for placing on the market or the registration of this drug has not yet put this drug on the Belgian market, either because the owner has stopped temporarily or permanently to this medicine on the Belgian market.
The King fixed the other terms and conditions for the application of this provision. ».
CHAPTER 6. -Animals, plants and Food Section 1st. -Amendments to the law of 20 July 1991 amending of the social provisions and various arts. 45. This section is designed to partially transpose directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law.
S. 46. in article 132ter of the Act of 20 July 1991 social and diverse provisions inserted by the Act of March 1, 2007, two paragraphs written as follows shall be inserted between paragraphs 1 and 2: "the criminal sanctions provided for in the first subparagraph are brought to a term of imprisonment of one month to 3 years and a fine of 1,000 euros to 5 000 000 euros or an administrative fine when. : 1 ° a genetically modified organism or a product containing is placed on the market in breach of the provisions of orders made pursuant to section 132 of the Act and of the European regulations and decisions y related and causes due to serious negligence on the part of those who put him illegally on the market, a rejection emission or introduction of a quantity of substances in the atmosphere, water or soil which causes or is likely to cause death or serious injury to persons in its use;
2 ° a genetically modified organism or a product containing is placed on the market in breach of the provisions of orders made pursuant to section 132 of the Act and of the European regulations and decisions y related and causes due to serious negligence on the part of those who put him illegally on the market, a rejection emission or introduction of a quantity of substances in the atmosphere, water or soil which causes or is likely to cause a substantial degradation of the quality of air, water or soil fauna and flora at its placing on the market.
The criminal sanctions provided for in the first subparagraph are brought to a term of imprisonment of one month to 8 years and a fine of 1,000 euros to 10 000 000 euros or a fine when: 1 ° a genetically modified organism or a product containing is placed on the market in breach of the provisions of orders made pursuant to section 132 of the Act and of the European regulations and decisions y related and that it causes intentionally in the head from that which put him illegally on the market, a rejection, emission or introduction of a quantity of substances in the atmosphere, water or soil which causes or is likely to cause death or serious injury to persons in its use;
2 ° a genetically modified organism or a product containing is placed on the market in breach of the provisions of orders made pursuant to section 132 of the Act and of the European regulations and decisions y related and that it causes, intentionally in the head that put him illegally on the market, a rejection, a broadcast or introduction of a quantity of substances in the atmosphere water or soil which causes or is likely to cause a substantial degradation of the quality of air, water or soil fauna and flora at its placing on the market. ».
Section 2. -Amendment of the law of 28 August 1991 on the exercise of the veterinary art. 47. in article 20 of the Act of 28 August 1991 on the practice of veterinary medicine 1 is replaced by the following: "1 ° one which, without satisfying the conditions imposed by article 4, does a veterinary act not allowed pursuant to articles 5, 6 and 7. ''
This provision is not of application to the student who performs the activities mentioned above in the context of the legal provisions and regulations relating to the training programme for obtaining the title of veterinary doctor; ».
TITLE 7. -Inside Chapter 1. -Safety and Prevention voluntary merger of police areas article
48. in article 91/2, paragraph 1, of the Act of 7 December 1998 organizing a police service integrated, structured on two levels, inserted by the law of December 30, 2009, the words 'until January 1, 2011"shall be deleted.
CHAPTER 2. -Security Privacy changes, the law of 10 April 1990 regulating the private security and special art. 49. in article 1 of the law of 10 April 1990 regulating private security and particular, as last amended by the law of April 28, 2010, the following changes are made: 1 ° in the § 1, paragraph 1, the 3rd is replaced by the following: "3 ° a) monitoring and/or protection of the carriage of goods;
(b) transportation money or goods determined by the King, other than money, which, due to their precious character or their specific nature, may be the subject of a threat;
(c) management of a centre for counting money;
(d) supply, monitoring during activities at the ATMs and unmonitored vending machines tickets if access to tickets or cassettes of money is possible. »;
2 ° in the § 1, paragraph 5 is repealed;
3 ° the § 1 is complemented by four paragraphs worded as follows: "is considered as the centre of counting of money within the meaning of paragraph 1, 3 °, c), place where one business, other than an institution of bpost, or credit account, packs, preserves securely, distributes or handled otherwise, manually or automated manner, the money for the benefit of others.»
By way of derogation from paragraph 1, 3 °, d), activities to distributors automatic tickets, installed in institutions of credit or bpost offices occupied by staff, are not considered to be guarding activities.

An office of an institution of credit or bpost is considered to be occupied by staff when at least one of the staff there works.
Is regarded as activities at the ATMs, maintenance or repairs of these vending machines. »;
4 ° in § 2, the words "§ 1, paragraph 1, 5 °, ' shall be replaced by the words" (§ 1, paragraph 1, 5 °, or 3 °, (a), b)(, d) ';
5 ° § 2 is supplemented by two paragraphs worded as follows: ' by way of derogation from paragraph 1, is however not considered in-house Babysitting service that organizes, for own needs: 1 ° the activity of "transportation of money" (referred in the § 1, paragraph 1, 3 °, b), if the amount of money transported does not exceed the sum of 30 000 euros;
2 ° one of the activities referred to the § 1, paragraph 1, 3 °, d), in offices of institutions of credit or bpost, occupied by staff.
Mutually services by physical or legal persons who perform under the same trade name of business activities other than Babysitting activities are considered, within the meaning of this Act, as services arranged for own needs. ».
S. 50. article 22 of the same Act is supplemented by a § 12 worded as follows: ' ' § § 12 12 By way of derogation from article 1, § 2, paragraph 1, a service that organizes the activity of 'transport of money', referred to in article 1, § 1, paragraph 1, 3 °, b), for own needs, can do so until January 1, 2013 without be considered internal security service. ».
TITLE 8. -Public service Chapter 1.
-Amendments to order royal No. 141 of 30 December 1982 creating a data bank relating to members of staff of public sector art. 51. article 2 of the arrêté royal No. 141 of 30 December 1982 establishing a data bank relating to the staff of the public sector, as amended by the Act of 22 July 1993, is complemented by a 7 ° as follows: '7 ° to public institutions of social security.'.
S. 52. in article 3, § 2, paragraph 1,

of the same royal decree, replaced by the law of 22 July 1993, the words "January 1" are replaced by the words "31 December".
CHAPTER 2. -Amendment of the law of 3 July 1967 on prevention or the repair of the damage resulting from occupational accidents, accidents occurring on the way to work and occupational diseases in the public sector art.
53. in article 14bis, § 3, of the Act of 3 July 1967 on prevention or repair of damage resulting from accidents, accidents occurring on the way work and related illnesses in the public sector, inserted by the Act of 20 December 1995 and amended by the laws of the May 20, 1997, October 19, 1998-January 19, 2001 , paragraph 1 is replaced by the following: "legal persons and establishments referred to in article 1, employers in the categories of personnel referred to in article 1bis, as well as their prospective insurer may exercise an action against the insurer that covers the responsibility of the owner, the driver or the owner of the motor vehicle or against the common fund of guarantee referred to in article 80 of the law of 9 July 1975 on the control of insurance undertakings. , up to a maximum of the disbursements by virtue of § 1 and corresponding capital. ».
TITLE 9. -Employment chapter 1. -Amendments to the law of 5 December 1968 on collective labour agreements and joint committees art. 54. at article 2, § 3, 1 of the law of 5 December 1968 on collective labour agreements and joint committees, amended by law of June 3, 2007 and June 8, 2008, the following changes are made: 1 ° 'SA Société fédérale de Participations' shall be replaced by the words "the Federal Corporation de Participations et d'Investissement";
2 ° 'The Banking Commission and finance and insurance' shall be replaced by the words "the authority of financial markets and services.
S. 55. article 16 of the Act, as amended by the law of April 28, 2010, is completed as follows: '10 ° the date and the registration number of the collective labour agreement or collective agreements of work filed earlier which are changed, extended or repealed by the convention.'.
S. 56. article 18, last paragraph, of the Act of 5 December 1968 is hereby repealed.
CHAPTER 2. -Additional holiday for beginning or resumption of activity art.
57. in laws relating to annual holidays employees coordinated June 28, 1971, as last amended by the law of 6 June 2010 introducing the social Criminal Code, it is inserted a chapter IIIbis entitled: ' chapter IIIbis '. Additional holidays in case of beginning or resumption of activity".
S. 58. in chapter III bis, inserted by section 57, it is inserted an article 17A as follows: «art.» 17A. by three months of activity during the calendar year beginning or resumption of activity, the worker is entitled to a week of additional holiday from the last week of the three-month period.
During this holiday week, the worker is entitled to an amount equal to his normal remuneration.
The vacation allowance granted in case of beginning or resumption of activity is financed by a deduction on the part of the statutory holiday pay which does not correspond to the normal remuneration for holiday days. The King determines when the deduction, the amount and the duration thereof.
It determines the conditions and modalities for the application of this provision. ».
CHAPTER 3. -Leave paid educational art. 59A article 109, § 1 of the law of rehabilitation of 22 January 1985 containing social provisions, amended by law of 10 June 1993 and 30 December 2001 and by Royal Decrees of 23 July 1985 and 10 August 2005, inserted a 6 ° bis worded as follows: '6 ° bis. preparing for the exercise of a profession in shortage and formations that are organised by the competent regional Department for vocational training; ».
S.
60. in article 111 of the same Act, amended by laws of 20 July and 27 December 2006 and 17 May 2007 and by order royal March 28, 1995, it is inserted a § 5A, as follows: "§ 5a. '. By way of derogation from §§ 1, 2, 3 and 5, the annual maximum limit is set at 180 hours, whether or not the training coincides with hours of work and even if it is followed in combination with other formations, for: 1. training preparing for the exercise of a profession in shortage as laid down in the regulation on unemployment and provided that the training be initiated in a year in which it appears on the list of trades In short supply;
2. the training in secondary education or social advancement that lead to regards the Flemish community, diploma of upper secondary education, and, as regards the French community, to a certificate of higher secondary education, provided that the worker does not yet of diploma or certificate of upper secondary education;
3. the Basic (French Community) training recognised by the commission for approval, or 'opleidingen basiseducatie' (Vlaamse Gemeenschap), provided that the worker does not have a diploma or certificate of upper secondary education;
4. training leading to a degree of Bachelor or diploma of non-university higher education and which are referred to in point 1 of this paragraph provided that the worker does not have a degree or an equivalent diploma. ».
S. 61. This chapter comes into force on September 1, 2012.
CHAPTER 4. -Pyramid in the event of collective redundancies article
62. This chapter applies to the company which carries out a collective dismissal as referred to in the royal decree of 24 May 1976 on collective redundancies.
However are excluded from the application of this chapter, those who proceed with collective redundancies in the framework: 1 ° a bankruptcy procedure;
(2) a judicial liquidation in accordance with article 41, § 1, of the Act of January 31, 2009 on the continuity of enterprises;
3 ° to a closing of business within the meaning of article 3, § 1, of the Law 26 June 2002 relating to the closure of undertakings provided that this closure is complete and all workers of the company.
S. 63 § 1. The number of dismissals in the context of the collective dismissal must be allocated proportionately over the age groups.
The age groups referred to in the first subparagraph are under 30 years of age groups, 30 less than 50 years and 50 years and more, where is taken into account the age at the time of notification of the project to proceed with collective redundancies referred to in article 7 of the royal decree of 24 May 1976.
For the purposes of the first paragraph, workers business are spread over the same groups of age at the time of notification of the project to proceed with collective redundancies referred to in article 7 of the royal decree of 24 May 1976.
§ 2. However, where redundancies are one or more divisions or one or more segments of activities, it won't be held into account in the application of paragraph 1 that put workers at work in the divisions or segments of activities concerned.
§ 3. For the purposes of paragraph 1, an exemption of 10% per age group compared to the strict application of the proportional distribution of the number of redundancies will be accepted in the age groups.
The King may, by Decree deliberated in the Council of Ministers, provide exceptional percentages or express the derogation allowed in units according to the size of the company.
§ 4.
For the purposes of this article, workers bound by an employment contract term or for a clearly defined work are not taken into account, except if the end of the contract takes place before the expiry of the term or before the completion of the work following the dismissal.
§
5. May be excluded from the provisions of paragraph 1, the worker who has a key function in the company.
These workers are not taken into account in determining proportional allocation referred to in paragraph 1.
§ 6. The King sets, by Decree deliberated in the Council of Ministers, the terms and the procedure to be followed for the implementation of this article. This particular concrete calculation of the number of workers by age group, the number of laid-off workers divided by age group, the definition of the concepts, division and business segment and the evidence to be provided by the employer for the purposes of paragraph 2 and the designation of the competent to monitor the compliance of the pyramid when the collective dismissal how and in what time frame the competent authority informed the employer's failure to comply with the rules of this article and how to inform the bodies responsible for the collection of social security contributions.
S. 64. article 327 of the programme law (I) of 24 December 2002, repealed by the law of 11 July 2005, recovered in the following wording: «art.» 327. the employer who, in the context of collective redundancies, proceeded to the dismissal of workers without meeting the requirements of Chapter 4 of title 9 of the law on the miscellaneous provisions (I) from March 29, 2012, loses the right to reductions in contributions referred to in sections 2 and 3

This chapter enjoyed for the quarter of notification of the project to proceed with collective redundancies referred to in article 7 of the royal decree of 24 May 1976 on collective redundancies and the seven previous quarters, for laid-off workers within the collective dismissal, who at the time of this notification, had reached the age of 50 at least. ».
S.
65. the King fixed, by Decree deliberated 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 the officials of these authorities, it is inserted an IIIquater chapter entitled "social Conciliation in the public sector."
S.
67. in chapter IIIquater, inserted by article 66 of this Act inserted an article 12octies, worded as follows: «art.» 12octies. the Directorate-General for collective labour with the federal public Service employment, labour and social dialogue relations is responsible for the social dialogue in the public sector to prevent, track and resolve collective disputes between employers and members of staff to which this Act applies.
Of social conciliators in the public sector, specific and familiar with the material in question, are appointed to the Directorate General of collective labour relations.
The King determines, by Decree deliberated in the Council of Ministers, missions, and the terms of appointment of social conciliators in the public sector.
The social conciliator in the public sector fulfils its mission of independently with respect to the parties to a collective dispute. The Joint Committee to all public services may establish the terms of the conciliation procedure. ».
CHAPTER 6.
-Unemployment with complement of business art. 68. in the Act of April 12, 2011, amending the Act of February 1, 2011 on the extension of crisis measures and enforcement of the interprofessional agreement and running the compromise of the Government relating to the interprofessional agreement project, the title of Chapter 7 is replaced by the following: 'unemployment with complement of business '.
S. 69. article 45, paragraph 1, of the Act is amended as follows: 1 ° the words "for the years 2011 and 2012" are repealed;
2 ° "of supplementary allowance' shall be replaced by the words" more business. "
S. 70. in article 46 of the Act "of the supplementary allowance' shall be replaced by the words"of the company further.
S. 71. in the title of the sections 2 and 3 of Chapter 7 of the Act, "Conventional retirement" are each time replaced by the words 'unemployment with complement of business '.
S. 72. article 47 of the Act is amended as follows: 1 ° the date '31 December 2012' is twice replaced by the date "31 December 2015";
2 ° paragraph 2 is repealed;
3 ° in the paragraph 3 became paragraph 2, the words "the preceding paragraphs" are replaced by the words "the preceding paragraph" and the words "the supplementary allowance" by the words "the company further.
S. 73. in articles 48, 50 and 52 of the same Act 'the royal decree of 3 May 2007 laying down conventional early retirement under the Pact of solidarity between the generations' shall be replaced by the words "the royal decree of 3 May 2007 laying down unemployment with complement of business.
S. 74. in article 48 of the same law the date '31 December 2012' is replaced by the date "31 December 2015.
S. 75. in article 49, paragraph 3, of the Act "to the supplementary allowance' shall be replaced by the words" the company further.
S. 76. in article 55 of the Act, paragraph (2) is repealed.
S.
77. This chapter enter into force the day of its publication in the Moniteur belge.
CHAPTER 7. — Amendment of Chapter VI of title XI of the Act of 27 December 2006 of miscellaneous provisions (I) relating to the contributions of social security and retained, due on diets of unemployment with further business, additional compensation to certain social security benefits and disability compensation s. 78. an article 124bis, worded as follows, shall be inserted in the Act of 27 December 2006 by the various (I) provisions: «art.» . 124bis the King may, on a proposal of the National Council of labour and by order deliberated in Council of Ministers, vary the percentages of the dues in sub-sections 2.A. and 2.B. and reclassify them according to age.
».
S. 79. This chapter comes into force April 1, 2012.
CHAPTER 8. -Modification of the Decree-Law of 28 December 1944 on social security for workers s.
80. it is inserted an article 8b in the Decree-Law of 28 December 1944 on social security for workers as follows: «art.» 8B. the national employment Office can load the local agency for the employment of the mission to assess the active search employment compensated unemployed and unemployed persons who are registered as young graduates looking for a first job to get an integration allowance, under its authority and according to the conditions and the procedures laid down by the King.
The national employment agency may also entrust the staff which, pursuant to article 8, § 11, developed by him at the disposal of the local agency for employment, under its authority and according to the conditions and the procedures laid down by the King, of the mission to evaluate active employment compensated unemployed and unemployed persons who are registered as young graduates looking for a first job for an insertion allowance.
TITLE 10. -Social status of Independents chapter UNIQUE. -Modifications of the royal decree of 30 January 1997 concerning the pension scheme of the self-employed pursuant to sections 15 and 27 of the law of 26 July 1996 on the modernization of social security and ensuring the viability of statutory pension and article 3, § 1, 4 °, of the law of 26 July 1996 to achieve the budgetary conditions of the participation of Belgium to the Union European economic and monetary art. 81. at article 3 of the royal decree of 30 January 1997 concerning the pension scheme of the self-employed pursuant to sections 15 and 27 of the law of 26 July 1996 on the modernization of social security and ensuring the viability of statutory pension and article 3, § 1, 4 °, of the law of 26 July 1996 to achieve the budgetary conditions of the participation of Belgium to the Union European economic and monetary amended as last amended by the law of December 22, 2008, the following changes are made: 1 ° in § 2, paragraph 4, the words "at the earliest on 1 January 2007' are replaced by the words"no earlier than January 1, 2007 and December 1, 2012";
2 ° it is inserted a § 2A as follows: "§ 2A.» Superannuation may nonetheless take courses, the choice and the application of the person concerned, before the prescribed age in the § 1, and the earliest the first day of the month following the 62nd anniversary.
By way of derogation from the preceding subparagraph, the retirement pension may take courses, choice and at the request of the person concerned: 1 ° the first day of the month following the 60th anniversary where the person concerned proves a career of at least 42 calendar years;
2 ° the first day of the month following the 61st anniversary where the person concerned proves a career of at least 41 calendar years.
However, the person concerned, at a given time, fulfilling the conditions of age and career, laid down in this paragraph, § 3, paragraph 2, or article 16bis, §§ 1 and 2, to obtain a retirement pension before the age referred to the § 1, can get choice and at his request a retirement pension regardless or later the date of actual course of the pension.
When the pension takes courses effectively and for the first time no earlier than 1 January 2016, it is reduced by:-18 BW if it takes course effectively and for the first time at the earliest 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 takes courses effectively and for the first time not earlier than the first day of the seventh month following the 61st anniversary and no later than the first day of the month of the 62nd anniversary;
-12 BW if it takes courses effectively and for the first time not earlier than 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 changes are made: a. a paragraph worded as follows is inserted between paragraphs 1 and 2: "to obtain an early retirement pension in accordance with the § 2A is subject in the head of the person responsible for the condition of proving a career of at least 40 calendar years likely to open rights to the pension under one or more Belgian statutory schemes and pension schemes which fall within the scope of application of European regulations. social security or a social security convention concluded by Belgium concerning pensions for employees or self-employed workers. »;
b. paragraph 2 former, becoming paragraph 3, the words 'the calendar years referred to in paragraph 1' are replaced by the words "calendar years referred to paragraph 1 and paragraph 2";

c. paragraph 3 former, becoming in paragraph 4, the words 'under pension plans referred to in paragraph 1' are replaced by the words "under pension plans referred to in paragraph 1 and paragraph 2';
4 ° to the § 3A, the words «by way of derogation from § 2» are replaced by the words ' by way of derogation from paragraph 2 and to the § 2A ";
5 ° to the § 3ter, the following changes are made: a. paragraph 4 is replaced by the following: 'the status of career referred to in paragraph 1 shall 42 calendar years for pensions taking courses effectively and for the first time no earlier than January 1, 2009 and no later than 1 December 2012.';
b. a paragraph worded as follows is inserted between paragraphs 4 and 5: "the projected reduction in the § 2A or article 16bis, §§ 3 to 5, as the case may be, shall not apply where the person concerned proves a 41 year career civil pensions taking courses effectively and for the first time not earlier than January 1, 2013. ';
v. in the 6 former, becoming subparagraph 7, paragraph the words «referred to in § 3, paragraph 2, 2 °» are replaced by the words 'referred to in § 3, paragraph 3, 2 ° ";
6 ° to § 5, paragraph 2, the words 'without prejudice to the provisions of §§ 1, 2 and 4 or article 16, paragraph 1' are replaced by the words "without prejudice to the provisions of §§ 1, 2, 2A and 4 or article 16, §§ 1 and 2 and article 16bis, § 1.
S. 82. in the same royal decree, it is inserted an article 16A as follows: «art.» 16bis. § 1. By way of derogation from article 3, § 2A, paragraph 1, the pension can take courses, to choose, and at the request of the person concerned, as soon as possible: 1 ° the first day of the seventh month following the 60th anniversary when the pension takes courses effectively and for the first time no earlier than January 1, 2013 and December 1, 2013;
2 ° the first day of the month following the 61st anniversary when the pension takes courses effectively and for the first time at the earliest 1 January 2014 and no later than December 1, 2014;
3 ° the first day of the seventh month following the 61st anniversary when the pension takes courses effectively and for the first time no earlier than January 1, 2015 and no later than December 1, 2015.
By way of derogation from the preceding paragraph, 1 ° and 2 °, the retirement pension may take courses at the earliest the first day of the month following the 60th anniversary where the person concerned proves a career of at least 40 calendar years.
By way of derogation from paragraph 1, 3 °, the retirement pension may take courses at the earliest the first day of the month following the 60th anniversary where the person concerned proves a career of at least 41 calendar years.
By calendar years in the sense of the preceding paragraphs, there's place to hear the years likely to open rights to the pension under one or more statutory Belgian pension schemes within the meaning of article 3, § 3, paragraph 3, or schemes falling under the scope of the European regulations of social security or a social security convention concluded by Belgium concerning pensions for employees or self-employed workers.
§ 2. By way of derogation from article 3, § 3, paragraph 2, of the career length requirement is reduced: 1 ° to 38 years when the pension takes courses effectively and for the first time no earlier than January 1, 2013 and December 1, 2013;
2 ° to 39 years when the pension takes courses effectively and for the first time at the earliest 1 January 2014 and no later than December 1, 2014.
§ 3. When superannuation takes courses effectively and for the first time no earlier than January 1, 2013 and December 1, 2013, it shall be reduced by:-25 sq. ft.
If it takes course effectively and for the first time no later than the first day of the sixth month following the 60th anniversary;
-21.5 BW if she takes courses effectively and for the first time not earlier than the first day of the seventh month following the 60th anniversary and no later than the first day of the month of the 61st birthday;
-18 BW if it takes courses effectively and for the first time not earlier than the first day of the month following the 61st anniversary and no later than the first day of the month of the 62nd anniversary;
-12 BW if she takes courses effectively and for the first time not earlier than 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 superannuation takes courses effectively and for the first time at the earliest 1 January 2014 and no later than December 1, 2014, it shall be reduced by:-25 BW if it takes course effectively and for the first time no later than the first day of the sixth month following the 60th anniversary;
-21.5 BW if she takes courses effectively and for the first time not earlier than the first day of the seventh month following the 60th anniversary and no later than the first day of the month of the 61st birthday;
-18 BW if it takes courses effectively and for the first time not earlier than the first day of the month following the 61st anniversary and no later than the first day of the month of the 62nd anniversary;
-12 BW if she takes courses effectively and for the first time not earlier than 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 superannuation takes courses effectively and for the first time no earlier than January 1, 2015 and no later than December 1, 2015, it shall be reduced by:-25 BW if it takes course effectively and for the first time no later than the first day of the sixth month following the 60th anniversary;
-21.5 BW if she takes courses effectively and for the first time not earlier than the first day of the seventh month following the 60th anniversary and no later than the first day of the month of the 61st birthday;
-18 BW if it takes courses effectively and for the first time not earlier than 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 takes courses effectively and for the first time not earlier than the first day of the seventh month following the 61st anniversary and no later than the first day of the month of the 62nd anniversary;
-12 BW if she takes courses effectively and for the first time not earlier than the first day of the month following the 62nd anniversary and no later than the first day of the month of the 63rd anniversary. ».
S. 83. the provisions of articles 81 and 82 shall apply to pensions that take courses effectively and for the first time not earlier than January 1, 2013.
S. 84. the person who no later than December 31, 2012, fulfils the conditions of age and career, provided in article 3, § 2, paragraph 1, and § 3, paragraph 1, of the royal decree of 30 January 1997 on the supra of self-employed pension scheme, to obtain a retirement pension before the age referred to in article 3, § 1, of the same order can get choice and at his request a pension of retirement at the earliest from 1 January 2013.
S.
85. articles 81 to 84 come into force January 1, 2013.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels on 29 March 2012.
ALBERT by the King: the Prime Minister, E. DI RUPO. the Minister of finance and sustainable development, responsible for the public service, S. VANACKERE. the Minister of the economy and consumers, J. VANDE LANOTTE the Minister of the Interior, Ms. J. MILQUET. the Minister of Social Affairs and public health, Ms. L. ONKELINX the Minister of independent, SMEs and Agriculture Ms. S. LARUELLE Minister of employment, Ms. M. DE CONINCK the Secretary of State for energy, Mr WATHELET to Secretary of State for Social Affairs, families and persons with disabilities, responsible for occupational risks, absent: the Minister of Social Affairs and public health, Ms. L. ONKELINKX. the Secretary of State for public service, H. BOGAERT sealed with the seal of the State : The Minister of Justice, Ms. A. TURTELBOOM _ Note (1) records 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 meeting and transmitted to the Senate.
Full report: March 22, 2012.
The Senate documents: 5 - 1547-2011/2012 No. 1. -Project mentioned by the Senate.
our 2-4. -Reports.
NO. 5. -Amendments.
NO. 6. -Decision not to amend.
Annals of the Senate: March 28, 2012.