belgiquelex.be - Carrefour Bank of Legislation

6 OCTOBER 2011. - An Act to amend the Act of 15 May 2007 on the Recognition and Protection of the Profession of Automotive Experts and to establish an Institute of Automotive Experts

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
The purpose of this Act is to transpose Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on recognition of professional qualifications, as amended by Council Directive 2006/100/EC of 20 November 2006 on the adaptation of certain guidelines in the field of free movement of persons, due to the accession of Bulgaria and Romania.
CHAPTER 2. - Amendments to the Act of 15 May 2007 on the Recognition and Protection of the Profession of an Expert in Automobiles and creating an Institute of Automotive Experts
Article 1^er. In article 2, paragraph 3, of the Act of 15 May 2007 on the recognition and protection of the profession of an expert in automobiles and creating an Institute of Automotive Experts is inserted between the 2^e and 3^e drawers, an additional drawer written as follows:
" - the Executive Committee."
Art. 2. Paragraph 2 is replaced by the following in section 4 of the Act:
"Does the profession as an expert in automobiles, as an independent or an employee, who, in an ordinary and impartial manner, realizes, on behalf of others:".
Art. 3. Section 5 of the Act is replaced by the following:
“Art. 5. § 1^er. The membership of the Institute of Automotive Experts is granted to any natural person who wishes to settle in Belgium as an expert in automobiles and applies for them and who meets the following conditions:
1° not having been deprived of his civil and political rights, not having been declared bankrupt without having obtained rehabilitation and not having incurred a prison sentence, even conditional, of at least three months for one of the offences referred to in Article 1^er of Royal Decree No. 22 of 24 October 1934 on the prohibition of the judicial prohibition of certain convicted persons and the bankrupts to perform certain functions, occupations or activities, for an offence under the Act of 20 September 1948 on the organization of the economy, for an offence against coordinated laws on commercial companies or tax legislation;
2° provide evidence of the following professional qualifications:
(a) proof that the professional activity of an expert in automobiles has been carried out in advance in another Member State of the European Union, or in Iceland, Liechtenstein, Norway or Switzerland as soon as the Directive 2005/36/EC of the European Parliament and the Council of 7 September 2005 on recognition of professional qualifications will apply to these countries in accordance with Article 21 of the Law of 12 February 2008 establishing a new general framework for recognition of professional qualifications;
(b) a certificate of competence or training issued by a Member State of the European Union, as well as by Iceland, Liechtenstein, Norway and Switzerland as soon as the Directive 2005/36/EC of the European Parliament and the Council of 7 September 2005 on recognition of professional qualifications will apply to those countries, in the cases and in the manner determined in Chapter I^er Title III of the Act of 12 February 2008 establishing a new general framework for the recognition of CE professional qualifications;
(c) one of the following titles issued by educational or training institutions organized, recognized or subsidized by the Federal State, the Communities or the Regions:
- diploma or master of civil or industrial engineering;
- graduate or bachelor in thermal motors and expertise;
- graduate or bachelor in automotive expertise;
- graduated or bachelor in mechanical or electromechanical;
- diploma issued by any other level institution comparable to those who issue the above-mentioned diplomas, recognized by the King, after the advice of the Institute;
(d) an equivalent title issued by a State jury, Communities or Regions;
(e) the titles issued in States outside the European Union in the same disciplines shall be admitted with the prior recognition of their equivalence by the competent Belgian authority. The King may authorize the Board of the Institute to admit in individual cases the equivalence of diplomas issued in a state that is not a member of the European Union;
3° for the applicant who proves his professional qualification on the basis of the titles referred to in 2°, (c), (d), or (e), to have started or completed the internship organized by the internship regulations or to be exempted by a legal or regulatory provision;
4° for the applicant who proves his professional qualification on the basis of the documents referred to in 2°, b), and who falls under one of the cases referred to in Article 16, § 1^er, of the Act of 12 February 2008 establishing a new general framework for the recognition of CE professional qualifications, providing proof of having conducted the adaptation stage organized by the Institute or having passed the examination of capacity organized by the Institute;
5° for independents, regularly registered at the Banque-Carrefour des Entreprises. The King shall determine the procedure and conditions of the King;
6° be registered on the Institute list.
§ 2. Legal persons may practise as an expert in automobiles if they meet the following conditions:
1° all managers, administrators, members of the steering committee and in a more general way, independent agents who intervene on behalf of and on behalf of the legal person, are natural persons authorized to practise the profession of automotive expert in accordance with § 1^er a list of the Institute of Automotive Experts;
2° their object and activity shall be limited to the provision of services under the exercise of the profession of an expert in automobiles and may not be incompatible with it;
3° 60% of the shares or shares and voting rights shall be held, directly or indirectly, by natural persons authorized to practise the profession of automotive expert in accordance with § 1^er a list of the Institute of Automotive Experts;
4° the legal person may not hold shares in other companies and/or legal persons of a non-exclusively professional nature. The social object and activities of these companies cannot be incompatible with the function of an automotive expert;
5° the legal person is registered in one of the lists of the Institute of Automotive Experts.
If due to the death, departure, suspension or deletion of a natural person referred to in 1° or 3°, the legal person no longer meets the requirements for the profession of an expert in automobiles, the legal person shall have a period of six months to comply with these conditions. During this period, the legal person may continue to practise as an expert in automobiles.
The intern may not constitute a legal entity within the meaning of this Act or be associated with it, manager, administrator, member of the steering committee only if it is a legal entity in which he or she practises the profession with his or her internship teacher or with an automotive expert enrolled in one of the lists of the Institute of Automotive Experts.
Under the conditions laid down by the King, the Institute confers the quality of an expert in automobiles, at its request, to any company constituted under the empire of a foreign law that, according to the law of the state in which it was incorporated, has a recognized quality equivalent to that of an expert in automobiles and which is or is not established in Belgium. "
Art. 4. Section 6 of the Act is replaced by the following:
“Art. 6. In the event that, within the framework of the free provision of services, nationals of the Member States of the European Union, as well as Iceland, Liechtenstein, Norway and Switzerland as soon as Directive 2005/36/EC applies to these countries, move to the territory of Belgium for the first time to exercise, on a temporary and occasional basis, the profession of automotive expert, they shall inform the competent board of § 1 beforehand the competent board of the declaration.^er, of the Act of 12 February 2008 establishing a new general framework for the recognition of CE professional qualifications. They also provide the documents provided for in Article 9, § 2, of the same Law. They are registered in the Service Delivery Register in accordance with section 8, (a) of the above-mentioned Act by the Board of the Institute, whose jurisdiction is determined by the place where the applicant will practise his profession for the first time.
If this place is located in the bilingual region of Brussels-Capital, this competence will depend on the language used in the application.
If this place is located in the German-language region, only the Francophone room is competent. "
Art. 5. In section 7 of the Act, the words "the competent chamber of the council" are inserted between the words "withdrawn by" and the words "the Institute if".
Art. 6. In section 8 of the Act, the words "of one of the chambers" are inserted between the words "Every decision" and the words "of the Board of the Institute".
Art. 7. In section 9 of the Act, paragraph 2 is replaced by the following:
"The membership table is published and updated on the Institute's website and is publicly available. "
Art. 8. Section 10 of the Act is replaced by the following:
“Art. 10. Only the Institute's incumbent members can wear the title of an automotive expert. They will also be the only ones able to carry the IEA abbreviation.
Trainees have the title of an intern car expert.
A legal person may not use in his or her social reason, in his or her particular name, in the definition of his or her social object or in his or her advertising the title of an expert in automobiles unless it has been conferred by the Institute.
The provision of paragraph 3 does not apply to educational institutions or professional groupings of automotive experts.
The Board of the Institute may, under the conditions set out in the rules of procedure, authorize the wearing of the title of Honorary Motor Vehicle Expert.
The incumbent members and trainees are the only ones who can practise the profession of an expert in automobiles. "
Art. 9. Section 12 of the Act is replaced by the following:
"The automotive experts perform impartially the missions entrusted to them in accordance with the code of conduct. "
Art. 10. In section 13 of the Act the following amendments are made:
1st paragraph 1^er is replaced by the following:
"The King shall, on a proposal or after the advice of the Board of the Institute, decide on the internship rules that contain the registration procedure, as well as the regulations necessary to ensure the operation of the Institute and the achievement of the objectives set out in this Act. »;
2° paragraph 2 is supplemented by the words "and the Board of the Institute. "
Art. 11. In section 14 of the Act the following amendments are made:
1° in paragraph 1^er, the word "holders" is inserted between the words "members" and the words "listed in the table";
2° paragraph 2 is replaced by the following paragraph:
"It elects for three years by a secret vote among its members the President, the Vice-President, the Secretary, the Treasurer and other members of the Board of the Institute, and the Commissioner of Account. She accepts or refuses donations and bequests in favor of the Institute. It authorizes the alienation or dwarfing of its immovables, approves the annual income and expenditure account, unloads the board of its management and denies all matters for which this Act and the regulations assign it jurisdiction. »;
3° in paragraph 4, first sentence, the words "are mandatory for" are replaced by the words "applies to" and the word "holders" is inserted between the words "members" and the words "and interns".
Art. 12. In section 16 of the Act the following amendments are made:
1° paragraphs 1^er and 2 are replaced by the following:
"The Board of the Institute is composed of the President, the Vice-President, the Secretary, the Treasurer, and ten members. Their mandate, renewable, expires on the day of the annual general meeting. If the president is French, the vice-president is necessarily Dutch or vice-president.
The fourteen members of the council are divided into seven Dutch-speaking elected officials who form the Dutch-speaking Chamber and seven other elected members, including at least one German-speaking and other Francophones, who form the French-speaking Chamber. »;
2° Paragraph 3 is repealed.
Art. 13. Section 17 of the Act is replaced by the following:
“Art. 17. § 1^er. The Board of the Institute proposes or gives its opinion on the rules of internship, ethics and the regulations necessary to ensure the operation of the Institute and the achievement of the objectives set out in this Act.
It ensures compliance with conditions of access to the profession and denounces to the judicial authority any violation of this Act and its regulations.
It sets out the conditions to which members must respond in order to be able to bear the title of an expert in honorary automobiles.
It sets out the minimum criteria to which the holders of the profession must meet in order to assume the position of internship master in the course.
It sets out the professional development and training obligations of members.
It votes the budget proposed by the Executive Committee. This budget must be approved by the Minister who has the middle classes in his or her responsibilities.
Both in court and in order to state and enforce, the Institute acts by counsel. He may be represented by his president or vice-president.
The control of the acts of the Board of the Institute is exercised by a government commissioner, assisted by an alternate. Both are appointed by the King, on the proposal of the Minister who has the middle classes in his duties among the officials of his department. He is invited to Council meetings. The minutes are communicated to him. In addition, the Committee may take an on-site knowledge of all decisions and documents of the Board and Executive Committee. He must receive all the information and documents enabling him to carry out his missions.
The Commissioner of the Government shall have a period of fifteen working days to appeal to the Minister against the execution of any decision of the council that is contrary to the laws and regulations or that is not part of the mission of the council as defined in this section, that is likely to compromise the solvency of the institute or that is contrary to the approved budget of the Institute.
This period runs from the day the Government Commissioner was aware of the minutes of the decision.
The appeal is suspensive.
If the Minister has not made the cancellation within fifteen business days of receiving the appeal, the decision becomes final.
§ 2. The rooms of the Institute's Board are competent to grant and remove the quality of an intern and member of the Institute.
Their jurisdiction is determined by the place where the applicant will practise his profession for the first time or later by that of his principal institution.
If this place is located in the bilingual region of Brussels-Capital, this jurisdiction will depend on the language used in the application or the language chosen by the defendant.
A person who does not have sufficient knowledge of the language of the proceedings used by the board to which he or she is summoned to appear in disciplinary matters or fees may attend the hearing by an interpreter of his or her choice.
§ 3. Both the board of the Institute and each of its chambers may give advice, initiative or upon request to the competent authorities for matters that fall within the profession of an expert in automobiles.
§ 4. The Executive Committee is composed of the Chair, Vice-Chair, Secretary and Treasurer. He is responsible for the daily management of the Institute. This includes the conduct of current affairs, the supervision of the financial management of the Institute, the preparation of the meetings of the Board of the Institute, the engagement and management of staff and any other missions defined by the Board of the Institute, with the exception of the powers expressly entrusted to the Board of the Institute by law or by virtue of it.
It shall take all necessary measures to prepare and execute the decisions of the Board of the Institute and shall establish the agenda of the sessions.
It may be convened at the request of the Government Commissioner. »
Art. 14. Section 18 of the Act is replaced by the following:
“Art. 18. The King sets out the amount of attendance tokens and/or allowances allocated to members and their alternates of the Board of the Institute, the Executive Committee, the Internship Committee, the Disciplinary Committee and the Appeal Board.
They receive a refund of their actual travel expenses on behalf of the Institute, in accordance with the reimbursement rates valid for federal public servants.
They cannot receive other allowances or tokens from the Institute.
The King determines the amount of the duty allowance of the Commissioner of Government and his deputy.
Function Allowance and presence chips cannot be accumulated. "
Art. 15. In section 20 of the Act the introductory sentence and the first and second dash are replaced by the following:
"To be admitted to the internship, you must:
- to meet the requirements of Article 5, § 1^er, 1°, 2°, (c), (d) or (e), and 6°;
- and in respect of the independents, also satisfy the condition provided for in Article 5 § 1^er5°; "
Art. 16. The following amendments are made to section 21 of the Act:
1° in paragraph 1^er the word "and" is inserted between the words "internship commission" and the words "remuneration rules" and the words ", as well as discipline rules" are repealed;
2° in paragraph 2 the words "bedrooms" are inserted between the words "any decision" and the words "of council".
Art. 17. The following amendments are made to section 23 of the Act:
1st paragraph 1^er is replaced by the following:
"In accordance with their purpose, the Boards of the Institute shall ensure that the members of the missions entrusted to them are fulfilled. In particular, they ensure that they:
- continue permanent vocational training;
- have the capacities, collaborations and time required to carry out the missions entrusted to them;
- perform with due diligence and impartiality the missions of expertise entrusted to them;
- do not accept missions under conditions that may challenge the objectivity of their exercise;
- does not carry out activities incompatible with the independence of their function. »;
2° in paragraph 2, the words "the Institute can" are replaced by the words "the rooms can";
3° in paragraph 2, 1^er and second dashes, from the French text the words "of its members" are replaced each time by the words "members";
4° in paragraph 2, second dash, the words "due diligence" are replaced by the words "execution of assigned tasks".
Art. 18. The following amendments are made to section 24 of the Act:
1° in paragraph 1^er, the words "If the Board of the Institute" are replaced by the words "The Board of the Institute who" and in the Dutch text the word "hij" is repealed;
2° in paragraph 1^er the word "adversarial" is replaced by the words "non-compliant" and the word "he" before the word "he" is repealed;
3° in paragraph 1^er, the words "it determines" are replaced by the words "as specified in the code of ethics. »;
Paragraph 2 is replaced by the following:
"If the automotive expert fails to respond adequately within the specified time limit, the board may refer the case to the Disciplinary Commission. Under sections 26, 28, 29 and 30, it may prohibit the motor vehicle expert from accepting certain new missions or requiring that, within the time limits set by the Code of Ethics, it deny certain missions that it has accepted until it is satisfied with the board's injunctions. "
Art. 19. The following amendments are made to section 25 of the Act:
1° in paragraph 1^er, the word "is" is replaced by the word "made",
2° in paragraph 1^er, the words "inform the board" are replaced by the words "inform the competent board";
3° in paragraph 2, the words "The Board of the Institute can be consulted" are replaced by the words "The Boards of the Institute can be consulted".
Art. 20. In section 26 of the Act the following amendments are made:
1st paragraph 1^er is replaced by the following:
"The discipline on automotive experts is exercised first by a discipline commission. This commission includes two bedrooms, one of French expression, the other of Dutch expression. Each room is composed of an effective or honorary magistrate or a lawyer who has been on the bar for at least five years and who chairs it, as well as six automotive experts appointed by the Board of the Institute. »;
2° Paragraph 3 is replaced by the following:
"The Presidents of the Chambers of the Disciplinary Commission are appointed by the King, on the proposal of the Minister who has the Middle Class in his duties. »;
3° in the Dutch text, in paragraph 4, the word " vast" is replaced by the word "actuief".
Art. 21. In section 27 of the Act the following amendments are made:
1° the words "motor experts" are replaced by the words "holder members and interns";
2° in the Dutch text, the second dash is replaced by the following:
" - die de beginselen van waardigheid, rechtschapenheid en onomkoopbaarheid die de grondslag vormen van het beroep, niet hebben nageleefd. "
Art. 22. In Article 28 of the Act, § 2 is replaced by the following provision:
Ҥ2. The Disciplinary Commission is seized by the competent board of the Institute, acting either as an ex officio or as a complaint by any interested person against a motor vehicle expert or an intern auto expert.
The board's competent board shall submit to the Disciplinary Commission a report in which it shall set out the facts referred to the automotive expert with reference to the relevant legal, regulatory or disciplinary provisions. "
Art. 23. In section 30 of the Act the following amendments are made:
1° in § 1^er Paragraph 2 is replaced by the following:
"This commission includes two bedrooms, one of French expression, the other of Dutch expression. Each room is composed of an effective or honorary magistrate or a lawyer who has been on the bar for at least five years and has been chairing it, as well as three automotive experts appointed by the Institute's Board. »;
2° in § 1^er, paragraph 3, the word "six" is replaced by the word "three";
3° in § 1^er Paragraph 5 is replaced by:
"Members and alternates are appointed for a renewable period of six years. The presidents of the chambers of the appeal board are appointed by the King, on the proposal of the Minister who has the middle classes in his powers. »;
4° in § 2 the words "the Council" are replaced by the words "the competent board chamber".
Art. 24. In the same Act, an article 30/1 is inserted as follows:
"Art. 30/1. The functions of a member of the Board of the Institute, the Disciplinary Commission and the Appeals Board are incompatible. »
Art. 25. The following amendments are made to section 35 of the Act:
1° in the Dutch text of alinea 1^erthe first sentence is replaced by the following:
"Elk jaar deelt de raad van het Instituut de hierna volgende stukken mee aan de algemene vergadering:";
2° in paragraph 1^erthe word "submit" is replaced by the word "contact";
3° in the Dutch text of subparagraphs 1^er and 2, the words "saris-revisor" are replaced each time by the words "saris der rekeningen";
4° in paragraph 2, the words ", designated for that purpose by the General Assembly for one year and re-elected" are repealed.
Art. 26. Section 36, first paragraph, of the Act is replaced by the following:
"Whoever publicly and illegally bears the title of an expert in automobiles or who unlawfully practises the profession, is punished by a fine of 5 euros to 25 euros. "
Art. 27. Section 37 of the Act is replaced by the following:
“Art. 37. § 1^er1° The following persons may become members of the Institute without having to meet the requirements of Article 5, § 1^er, 2°, 3° and 4° :
- the independent automotive expert or administrator or manager of a company of expertise that is carrying one of the professional qualifications referred to in Article 5, § 1^er, 2°, and is regularly registered at the Banque-Carrefour des Entreprises as an expert in automobiles on the date of publication of the Act of 6 October 2011 amending the Act of 15 May 2007 on the recognition and protection of the profession of an expert in automobiles and creating an Institute of Automotive Experts;
- the expert in salaried automobiles who has one of the professional qualifications referred to in Article 5, § 1^er, 2°, and who exercises the activity of an expert in automobiles as part of a contract of work on the date of publication of the law of 6 October 2011 amending the law of 15 May 2007 relating to the recognition and protection of the profession of an expert in automobiles and creating an Institute of Automotive Experts;
- those who have practised, at the time of application, the profession of automotive expert for at least 2 years.
2° Individuals who meet the conditions of 1°, 1st and 2nd dash, and natural and legal persons referred to in 1°, 1st to 3rd dash, apply to the list of automotive experts to the SPF Economy, P.M.E., Average Classes and Energy, by registered letter to the post or valid receipt, within six months of the entry into force of this article. In the event of an incomplete application, the applicant is informed as soon as possible of the need to provide additional documents. Only one request can be filed.
3° Physical persons who do not meet the requirements of Article 5, § 1^er, 2°, 3° and 4° or under conditions of 1°, may become members of the Institute if they request an exemption from the SPF Economy, P.M.E., Average Classes and Energy, by registered letter to the post or against valid receipt, within six months after the entry into force of this article. In the event of an incomplete application, the applicant is informed as soon as possible of the need to provide additional documents. Only one request can be filed.
The previous paragraph applies only to persons who apply for an internship within six months of the entry into force of the Royal Decree establishing the internship rules.
§ 2. The SPF Economie, P.M.E., Average Classes and Energy ensures that the applicant's professional qualifications for the profession of an expert in automobiles are possessed, which can be provided by all means of common law, with the exception of the swearing-in.
§ 3. The registration decision on the list or refusal of registration must be made by the President of the SPF Economy, P.M.E., Average Classes and Energy, or by an employee of his department that he or she appoints, in the month from the date of receipt of the complete file.
It is notified immediately to the interested party and the Accreditation Council of Motor Vehicle Experts.
When an official notification of a favourable decision is made, the SPF Economy, P.M.E., Average Classes and Energy informs the automotive expert that it is liable for the provision referred to in Article 39.
§ 4. An appeal is open to the Accreditation Boards of Motor Vehicle Experts to applicants who have been denied registration or where no decision has been made within the time limit referred to in paragraph 3. It shall be introduced within thirty calendar days after notification of the refusal decision, by registered letter to the post or against valid receipt.
§ 5. 1 Independents who meet the conditions set out in Article 5, § 1^er, 1°, 2°, (c), (d) or (e), and 5°, who wish to settle in Belgium and want to begin the exercise of the profession of automotive expert in the period after the entry into force of this article and before the entry into force of the royal decree establishing the rules of internship, as referred to in article 13, 1^er paragraph, may, until the decision of the Internship Commission on their application for an internship, practise the profession as an expert in automobiles, without meeting the requirements of Article 5, § 1^er3° and 6°.
Independents who wish to settle in Belgium and want to begin the exercise of the profession of automotive expert and who meet the conditions as referred to in Article 5, § 1^er, 1°, 2°, (a) or (b) in 5°, may practise the profession until the decision of the board that deals with the application for registration in the table of the Institute. Persons for whom the conditions referred to in Article 5 § 1^er, 4°, are applied, must not meet these conditions.
2° Employee workers who meet the conditions set out in Article 5 § 1^er, 1° and 2°, (c), (d) of (e), and who wish to begin the exercise of the profession of motor vehicle expert in the period after the entry into force of this article and before the entry into force of the Royal Decree establishing the rules of procedure, as referred to in article 13, paragraph 1^er, may, until the decision of the Internship Commission on their application for an internship, practise the profession as an expert in automobiles, without meeting the requirements of Article 5, § 1^er3° and 6°.
Employee workers who wish to settle in Belgium and want to begin the exercise of the profession of automotive expert and who meet the conditions as referred to in Article 5, § 1^er, 1°, 2°, (a) or (b), may practise the profession until the decision of the board responsible for processing the application for registration in the table of the Institute. Persons for whom the conditions referred to in Article 5 § 1^er, 4°, are applied, must not meet these conditions.
The previous paragraph applies only to persons who apply for an internship within six months of the entry into force of the Royal Decree establishing the internship rules.
The internship commission deducts this professional practice from the mandatory internship period, if the candidate-stagiaire meets the conditions mentioned above.
§ 6. Legal persons who wish to commence the exercise of the profession of an expert in motor vehicles in the period after the entry into force of this section and before the entry into force of the Royal Decree establishing the rules of procedure, as referred to in article 13, paragraph 1^er, may practise the profession under the conditions of Article 5, § 2 if the physical persons referred to in Article 5, § 2, 1° and 3° meet the conditions of Article 5, § 1^er or under the conditions of Article 37, § 1^er, 1°, or § 5, paragraphs 1^er and 2.
§ 7. The King sets out the terms of registration on one of the Institute's lists for persons referred to in paragraphs 5 and 6. "
Art. 28. Section 38 of the Act is replaced by the following:
“Art. 38. § 1^er. Each Accreditation Board of Automotive Experts shall include an effective President and his alternate, who are actual magistrates or fees or lawyers registered in the Order's Table for at least five years, as well as two actual assessors and their alternates, one employee and the other proposed by the Independent High Council and EMPs. The chair, assessors and their alternates are appointed by the minister who has the middle classes in his duties.
The secretariat is provided by two secretaries appointed by the Minister who has the middle classes in his responsibilities, one of the Francophone role and the other of the Dutch-speaking role.
§ 2. The competence of the accreditation boards is determined by the language used by the SPF Economie, P.M.E., Average Classes and Energy to determine the contested decision.
§ 3. Persons who have filed an appeal shall be called by registered letter to the position with acknowledgement of receipt at least eight days before the hearing; the summons indicates the place, days and hours to which the file can be consulted.
This consultation takes place in the presence of the secretary.
§ 4. Accreditation boards are three members, including the Chair.
The president opens the sessions, directs them and raises them. It grants and withdraws the floor, closes the discussions and deliberations. The Accreditation Council shall deliberate in private and shall rule by a majority of votes.
§ 5. Decisions must be notified by registered letter to the position within sixty days of the date of receipt of the appeal. The notification of favourable decisions mentions the obligation to pay within fifteen days the provision referred to in section 39.
§ 6. The final lists established by the Accreditation Boards are transmitted to the Minister who has the Average Classes in his or her powers. »
Art. 29. The same law is supplemented by article 39, which reads as follows:
“Art. 39. The provision for which the automotive expert has been the subject of a favourable decision by SPF Economie, P.M.E., Average Classes and Energy or the Accreditation Council is 100 euros. It is an advance on its first contribution and allows it to participate in the Institute's constituent elections. Deduction of the costs of the first elections, the balance of this provision is paid to the Institute after its installation by the King. »
Art. 30. The same law is supplemented by article 40, which reads as follows:
“Art. 40. § 1^er. The Minister who has the Average Classes in his powers composes an electoral commission whose members are chosen from among the automotive experts listed on the final lists of the Accreditation Boards.
Within sixty days of its composition, this electoral commission is responsible for the organization of the first general assembly of the Institute.
This general assembly, which takes place on the day fixed by the King for the installation of the Institute, is the purpose of which the election referred to in article 14.
The Commissioner of Government is present at this general meeting.
§ 2. Within three months of the election under § 1^erthe Board of the Institute:
(a) establish the draft rules of procedure;
(b) to convene a new General Assembly;
(c) prepare a code of conduct;
(d) establish the proposed internship regulations that contain the registration procedure as referred to in Article 13.
At the general meeting referred to in (b), the board shall submit to the general assembly the rules of procedure and shall communicate the budget for the first fiscal year. »
CHAPTER 3. - Miscellaneous provisions
Art. 31. The Act of 12 February 2008 establishing a new general framework for recognition of CE professional qualifications is applicable to the profession of automotive expert.
Art. 32. The King may amend the provisions of the Act of 15 May 2007 relating to the recognition and protection of the profession of automotive expert and creating an Institute of Automotive Experts, and the decrees taken in its execution, with a view to ensuring the transfer of the Directive 2005/36/EC of the European Parliament and the Council of 7 September 2005 on the recognition of professional qualifications, as amended by the Directive 2006/100/EC of the Council of 20 November 2006
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 6 October 2011.
ALBERT
By the King:
Minister of P.M.E., Independents, Agriculture and Science Policy,
Mrs. S. LARUELLE
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
____
Note
(1) 2010-2011 session.
House of Representatives
Documents. - 53-1199 - 2010/2011
Text adopted in plenary and transmitted to the Senate.
Full report: 30 June 2011.
Senate
Document. - 5-1141 - 2010/2011
Project not referred to by the Senate