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9 FEBRUARY 2009. - Act enacting the Agreement between the Government of the Kingdom of Belgium and the Government of the French Republic on cross-border health cooperation, signed at Mouscron on 30 September 2005 (1) (2) (3)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Framework Agreement between the Government of the Kingdom of Belgium and the Government of the French Republic on Cross-Border Health Cooperation, signed at Mouscron on 30 September 2005, will come out its full effect.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 9 February 2009.
ALBERT
By the King:
Minister of Foreign Affairs,
K. DE GUCHT
Minister of Social Affairs and Public Health,
Ms. L. ONKELINX
Seal of the state seal:
Minister of Justice,
S. DE CLERCK.
____
Note
(1) 2007-2008 and 2008-2009 sessions.
Senate.
Documents. - Bill tabled on 23 September 2008, No. 4-912/1. - Report, number 4-912/2.
Annales parliamentarians. - Discussion and voting. Session of November 6, 2008.
House of Representatives
Documents. - Project transmitted by the Senate, No. 52-1574/1. - Text adopted in plenary and subject to Royal Assent, No. 52-1574/2.
Annales parliamentarians. - Discussion and voting. Session of November 27, 2008.
(2) See Decree of the Flemish Community of 13 March 2009 (Moniteur belge du 16 avril 2009), Decree of the French Community of 27 May 2010 (Moniteur belge du 24 juin 2010 éd. 2), Decree of the Walloon Region of 3 June 2010 (Moniteur belge du 16 juin 2010).
(3) Pursuant to Article 9, this agreement will enter into force on 1^er March 2011.

Framework agreement between the Government of the Kingdom of Belgium and the Government of the French Republic on cross-border health cooperation
The Government of the Kingdom of Belgium, on the one hand, the Government of the French Republic, on the other hand, hereinafter referred to as the Parties,
Aware of the tradition of population mobility between France and Belgium, as well as the implementation of the various cross-border cooperation projects,
Conscious of the challenges of continuous improvement in the quality of care and the organization of care systems,
Desirous of laying the foundations for in-depth cross-border health cooperation between France and Belgium in order to improve access to care and ensure continuity for the populations of the border area,
Desirous of simplifying administrative and financial procedures, taking into account the provisions of community law and jurisprudence,
Decided to facilitate and promote such cooperation through the conclusion of cooperation conventions, in accordance with domestic law and the international commitments of the Parties,
The following agreed:
Article 1^er
Subject
The purpose of this agreement is to clarify the legal framework in which cross-border health cooperation between France and Belgium is in line with:
- to ensure better access to quality care for populations in the border area;
- to ensure continuity of care for the same populations;
- to optimize the organization of care by facilitating the use or sharing of human and material means;
- to promote the sharing of knowledge and practices.
Article 2
Scope
1. This Agreement shall apply to the following border area:
(a) in the French Republic, the Champagne-Ardenne region, the Lorraine region, the Nord-Pas-de-Calais region and the Picardie region;
(b) in the Kingdom of Belgium, in the border districts of Veurne, Ieper, Kortrijk, Mouscron, Tournai, Ath, Mons, Thuin, Philippeville, Dinant, Neufchâteau, Virton and Arlon;
2. The competent authorities in the area of organisation of access to care and social security implement this Agreement.
3. This Agreement applies to any person who may benefit from the health insurance benefits of any of the Parties and who is temporarily residing or staying in the border area referred to in paragraph 1^er.
Article 3
Health cooperation conventions
1. For the purposes of this Agreement, both Parties shall designate in the administrative arrangement referred to in Article 8 persons or authorities that may conclude, in their area of internal jurisdiction, cooperation agreements.
2. These conventions organize cooperation between health structures and resources located in the border area, including an anchor point or a network involved in this area. To this end, they can provide for complementarities between existing health structures and resources, as well as the creation of cooperative bodies or common structures.
3. These conventions provide for the mandatory conditions and procedures for the intervention of care facilities, social security organizations and health professionals, as well as the care of patients. These terms and conditions include, depending on the object, the following areas:
- the cross-border intervention of health professionals, including its statutory aspects:
- organization of the health transport of patients;
- guaranteeing continuity of care including, in particular, the reception and information of patients;
- the criteria for assessing and controlling the quality and safety of care;
- the financial means necessary for the implementation of cooperation.
4. Existing conventions must comply with this Agreement as defined in the administrative arrangement referred to in Article 8.
Article 4
Passover of the common border
In connection with the relevant authorities, Parties shall take all necessary measures to facilitate the crossing of the common border for the implementation of this Agreement.
Article 5
Support by a social security system
1. The provisions of Regulations C.E. relating to the coordination of social security schemes are applicable to the implementation of cooperation conventions.
2. When a prior authorization is required to receive care in the border area, the cooperation agreements provide that such authorization is automatically issued by the competent social security institution.
3. However, cooperation agreements that provide for direct care by the competent institution of the care received under the conditions referred to in paragraph 2 of Article 3 may provide, if necessary, a specific fee for the acts and care as defined in the administrative arrangement referred to in Article 8.
Article 6
Accountability
1. The applicable law on medical liability is that of the State in whose territory the care was provided.
2. A liability for civil liability insurance that covers any damage that may be caused by their activity in the context of cross-border health cooperation is imposed on health professionals and health care facilities and services provided under a cooperation agreement.
Article 7
Joint Commission
1. A joint commission composed of representatives of the competent national authorities in the organization of access to care and social security of each Party, is responsible for monitoring the implementation of this Agreement and proposing any amendments thereto. It meets once a year and, as necessary, at the request of either Party.
2. Difficulties in the application or interpretation of this Agreement shall be resolved by the said Joint Commission.
3. Each year, the joint commission prepares, on the basis of the elements provided by the authorities mentioned in article 3, an evaluation report on the implementation of the cooperation mechanism.
Article 8
Administrative arrangement
An administrative arrangement, agreed by the competent national authorities of the Parties, sets out the modalities for the implementation of this Agreement.
Article 9
Entry into force
Each Party shall notify the other of the completion of the internal formalities necessary for the entry into force of this Agreement. The latter comes into force on the first day of the second month following the date of receipt of the last notification.
Article 10
Duration and denunciation
1. This Agreement shall be concluded for an indefinite period.
2. Each Party to this Agreement may denounce it at any time by written notification to the other Party through diplomatic channels. This denunciation takes effect twelve months after such notification.
3. The denunciation of this Agreement does not prejudge the continued existence of cooperation conventions.
Done at Mouscron on 30 September 2005, in two copies, in French and Dutch, both texts being equally authentic.