belgiquelex.be - Carrefour Bank of Legislation

28 AVRIL 2010. - Act respecting various provisions (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
PART 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
PART 2. - Mobility
CHAPTER 1^er. - Mediation services
Air and rail transport of persons
Section 1^re. - Passenger Mediation Service
to Brussels-National Airport
Sub-section 1^re. - Definitions
Art. 2. For the purposes of this section, the name "Mediation Service for passengers on air and water transport at the Brussels-National Airport" is abbreviated as "Mediation Service".
For the purposes of this section, it is further understood that:
- "passengine": the person who boards or intends to board a flight from an air carrier or who arrives or is in transit from an air carrier's flight;
- "air carrier": a company with an operating licence or equivalent that is valid in accordance with the provisions of Regulation (EEC) No. 1008/2008 and that carries out or intends to carry out a flight at the departure or destination of a public airport or airfield located in Belgium, as part of a contract with a passenger, or on behalf of another person, legal or physical, who has entered into a contract with that passenger
- "user": a passenger who uses Brussels-National airport facilities;
- "operator": operator of Brussels-National airport infrastructure.
Sub-section 2. - Skills
Art. 3. § 1^er. It shall be established a Mediation Service, which shall be competent for matters relating to:
- services provided by air carriers;
- services provided by the operator;
- the collection and dissemination of information relating to the trajectories and nuisances caused by aircraft coming from and landing at the Brussels-National airport.
Complaints relating to air safety, aviation safety and/or public safety are excluded from the mediation services.
§ 2. The Mediation Service does not have a mandate to monitor the activity of the operator and air carriers or to decide by authority on the adequacy of their behaviour with the legal standards. It does not intervene as the authority responsible for the application of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules for the compensation and assistance of passengers in the event of refusal of boarding and cancellation or significant delay of a flight, and repealing Regulation (EEC) No 295/91.
The Mediation Service has:
1° to examine all complaints by individuals as passengers, residents or users, except those within the jurisdiction of another mediator established by or under the law;
2° intervene to promote a satisfactory compromise in disputes between, on the one hand, air carriers and their passengers and, on the other, the passengers and users concerned and the operator;
3° to address a recommendation, to air carriers or to the operator, in case a satisfactory compromise could not be found;
4° to inform passengers, residents and other interested users of their rights and interests, who address them in writing or orally;
5° to collect, analyze, record and disseminate, for residents of Brussels-National Airport, all relevant information relating to the trajectories and nuisances caused by aircraft taking off and landing at Brussels-National Airport;
6° to issue notices in the course of his or her missions at the request of the Minister who has the transportation in his or her powers or initiative;
7° to keep up-to-date documentation relating to the noise and trajectory of aircraft coming from and landing at the Brussels-National airport.
A copy of the recommendation referred to in paragraph 2, 3° is addressed to the complainant and the Director General of Air Transport of the SPF Mobility and Transport or his delegate.
Art. 4. The introduction by the passenger or the user of an appeal with the same object to an administrative or judicial authority is incompatible with the continuation of the mediation, which in this case ends.
The King determines the procedural procedures for handling complaints.
The Mediation Service must refuse to deal with a complaint when:
1° it is manifestly unfounded, either that it is fantasy or that it is exclusively vexatious or defamatory;
2° this is essentially the same as a previous complaint that has been dismissed by the Mediation Service and contains no new elements in relation to the latter.
3° the complainant obviously did not take any steps with the air carrier or operator to attempt to obtain first satisfaction by himself, except in the case of requests for missions to the Mediation Service under section 3, § 2, 5° and 7°.
The Mediation Service may refuse to deal with a complaint:
1° where the complainant's identity is unknown;
2° when the complaint relates to facts that occurred more than a year before its introduction.
Art. 5. The Mediation Service may, as part of a complaint filed with the Mediation Service, be informed on site, or be provided with a copy of the books, correspondence, verbatim records and, generally, of all documents and records of the air carrier or operator concerned that relate directly to the subject matter of the complaint, with the exception of documents pertaining to the confidentiality of the letters. It may require the administrative bodies and personnel of the air carriers or the operator concerned to obtain all explanations or information and to conduct all verifications necessary for its review.
The information obtained is treated confidentially when its disclosure may affect the air carrier or operator on a general basis.
Art. 6. Within the limits of their powers, the mediators are not instructed by any authority. They carry out their missions independently.
Art. 7. If the request for mediation of the passenger or the passenger is declared admissible, any proceedings against the passenger and having the same object shall be suspended by the air carrier or operator who initiated it. The suspension runs from the referral of the mediator to the completion of his mission, without the delay exceeding four months.
Mediation does not suspend proceedings against the operator and air carrier by the public authority or other third parties.
Art. 8. § 1^er. Each year, the Mediation Service prepares a report on its activities. The report deals with the various complaints or types of complaints and the follow-up given therein, but does not directly or indirectly communicate the complainant's identity.
§ 2. The report of the Mediation Service is communicated to the Railway Transport and Operations Regulatory Service of the Brussels-National Airport, as well as to the Minister with transportation in his duties.
§ 3. The Mediation Service shall communicate the report to the Legislative Chambers and make it available to the public.
Subsection 3. - Composition
Art. 9. § 1^er. The Mediation Service is composed of two mediators, one of whom is the Dutch linguistic role, the other of whom is the French linguistic role.
The Mediation Service acts as a college. However, mediators may agree to delegations by collegial decision approved by the Minister who has the transport in his or her powers.
Where only one of the two members of the Mediation Service is appointed, the Mediation Service shall be authorized to exercise the powers set out in this section alone.
The same is true when one of the members of the mediation service is unable to perform its functions.
§ 2. The mediators are appointed by the King by order deliberately in the Council of Ministers for a renewable term of five years.
The King determines the procedure for selecting candidates for a new term or for renewing their term.
§ 3. The King sets the administrative and financial status of the mediators.
§ 4. To be appointed mediator, the candidate may not have exercised a mandate or function within an air carrier or operator for a period of three years prior to his or her appointment.
§ 5. The mediators can only be revoked on just grounds by the King, by order deliberately in the Council of Ministers.
§ 6. The King determines the human and material resources to be allocated to the Mediation Service.
In order to cover the administrative costs required for the application of this Act and its enforcement orders, the King shall determine the rate and the time and procedure for payment of fees to be charged to the sector.
Section 2. - Railway Travel Mediation Service
Sub-section 1^re. - Definitions
Art. 10. For the purposes of this section, the name "Mediation Service for Rail Passengers" is abbreviated as "Mediation Service".
For the purposes of this section, it is further understood that:
- "rail company": a railway company within the meaning of the Act of 4 December 2006 on the use of railway infrastructure, excluding the carriage of goods;
- "rail manager": any organization or company that is responsible for the establishment, maintenance and management of railway infrastructure, including docks at stations and stop points, access to docks and communications to passengers by means of monitors at stations and docks, and by means of posters carrying train schedules, as well as any organization or company that is responsible for the establishment, maintenance of the station
- "traveller": the person who boards or intends to board a train;
- "user", any natural person who uses publicly accessible railway facilities.
Sub-section 2. - Skills
Art. 11. § 1^er. It is established a Mediation Service that is competent for matters relating to the transportation and infrastructure services to which travellers and users benefit, with the exception of complaints that fall within the jurisdiction of another mediator established by or under the law.
§ 2. The mission of the Mediation Service is not to monitor the activity of railway companies and managers, nor to determine by authority the conformity of their behaviour with the legal standards. It does not intervene as an authority responsible for the application of Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on the rights and obligations of railway passengers.
The Mediation Service has:
1° to examine all complaints from travellers and users relating to services provided by railway companies or railway managers;
2° intervene to promote a satisfactory compromise of disputes between, on the one hand, railway companies or railway managers and, on the other, their passengers or users;
3° to make a recommendation to railway companies or railway managers in case a satisfactory compromise could not be found;
4° to inform travellers or users who address them in writing or orally;
5° to issue, at the request of the Minister who has the transportation in his or her duties, notices in his or her missions.
A copy of the recommendation referred to in paragraph 2, 3° is addressed to the complainant and the Director General of Land Transport of the SPF Mobility and Transport or his delegate.
Art. 12. The introduction by the traveller or the user of an appeal having the same object to an administrative or judicial authority is incompatible with the continuation of the mediation which in this case ends.
The King determines the procedural procedures for handling complaints.
The Mediation Service must refuse to deal with a complaint when:
1° it is manifestly unfounded, either that it is fantasy or that it is exclusively vexatious or defamatory;
2° the complainant obviously did not take any steps with the railway company or the railway manager concerned to attempt to obtain satisfaction by himself;
3° this is essentially the same as a previous complaint that has been dismissed by the Mediation Service and contains no new elements in relation to it.
The Mediation Service may refuse to process a claim:
1° where the complainant's identity is unknown;
2° when it relates to facts that occurred more than a year before its introduction.
Art. 13. The Mediation Service may, as part of a complaint filed with it, be aware, on site, or be provided with a copy, books, correspondence, verbatim records and, generally, of all documents and records of the railway company or the railway manager concerned relating directly to the subject matter of the complaint with the exception of documents relating to the secret of the letters. It may request from the administrative bodies and/or staff of the company or manager concerned all explanations or information and to conduct with them all verifications that are necessary for its review.
The information obtained is treated confidentially when its disclosure may affect the company or the manager on a general plan.
Art. 14. Within the limits of their powers, the mediators are not instructed by any authority. They carry out their missions independently.
Art. 15. If the traveller's or user's complaint is declared admissible, any proceedings against the traveller and having the same object shall be suspended by the company or railway manager who initiated it. The suspension runs from the referral of the mediator to the completion of his mission, without the delay being more than four months.
Mediation does not suspend proceedings against the operator initiated by the public authority or other third parties.
Art. 16. § 1^er. Each year, the Mediation Service prepares a report on its activities. The report addresses, inter alia, the various complaints or types of complaints and the follow-up to them, but does not directly or indirectly communicate the complainant's identity.
§ 2. The report of the Mediation Service is communicated to the Brussels-National Airport Rail Transport and Operations Regulatory Service, as well as to the Minister with transportation in his duties.
§ 3. The Mediation Service shall communicate the report to the Legislative Chambers and make it available to the public.
Subsection 3. - Composition
Art. 17. § 1^er. The Mediation Service is composed of two mediators, one of whom is the Dutch linguistic role, the other of whom is the French linguistic role.
The Mediation Service acts as a college. However, mediators may agree to delegations by collegial decision approved by the Minister who has the transport in his or her powers.
Where only one of the two members of the Mediation Service is appointed, the Mediation Service shall be authorized to exercise the powers set out in this section alone.
The same is true when one of the members of the mediation service is unable to perform its functions.
§ 2. The mediators are appointed for a renewable term of five years by the King, by order deliberately in the Council of Ministers.
The King determines the procedure for selecting candidates for a new term or for renewing their term.
§ 3. The King sets the administrative and financial status of the mediators.
§ 4. In order to be appointed mediator, the candidate may not have exercised a mandate or function within a railway company or railway manager for a period of three years prior to his or her appointment.
§ 5. The mediators can only be revoked on just grounds by the King, by order deliberately in the Council of Ministers.
§ 6. The King determines the human and material resources to be allocated to the Mediation Service.
In order to cover the administrative costs required for the application of this Act and its enforcement orders, the King shall determine the rate, as well as the time and payment of fees to be charged to the sector.
Sub-section 4. - Transitional provisions
Art. 18. The King shall determine the terms of the transitional period by order deliberately in the Council of Ministers.
Any order made pursuant to paragraph 1^er which is not confirmed by law within twenty-four months after its entry into force, is believed to have never produced its effects.
Subsection 5. - Final provisions
Art. 19. In section 43 of the Act of 21 March 1991 on the reform of certain economic public enterprises, replaced by the Act of 21 December 2006, the words "excluding Belgacom and LA POSTE" are replaced by the words "excluding Belgacom, LA POSTE, SNCB-Holding, Infrabel and the National Society of Belgian Railways".
Art. 20. Section 19 comes into force on June 30, 2011.
The King may fix an effective date prior to that referred to in paragraph 1^er.
CHAPTER 2. - Road mobility and road safety
Section 1^re. - Amendment of the Act of 19 July 1991 on Population Registers, Identity Cards, Foreign Cards and Residence Documents and amending the Act of 8 August 1983 organizing a National Register of Physical Persons
Art. 21. Section 6 of the Act of 19 July 1991 on registers of the population, identity cards, foreign cards and residence documents and amending the Act of 8 August 1983 organizing a National Register of Natural Persons, replaced by the Act of 25 March 2003 and amended by the Acts of 5 August 2003, of 9 July 2004, of 15 May 2007, and 24 July 2008, a § 2/1 is inserted, as follows:
“§ 2/1. The data referred to in § 2, paragraph 2, 1°, 2°, 3°, 5° and 10° may also be used for the identification and authentication of the applicant of the driver's licence or the title that takes place, referred to in the Law on the Police of Road Traffic. "
Art. 22. Article 6bis, § 1^er, 1°, of the same law, inserted by the law of March 25, 2003 and amended by the law of May 15, 2007, the words ", the electronic image of the signature of the holder," are inserted between the words ", the photo of the holder corresponding to that of the last card," and the words ", the language requested for the issuance of the card and the order number of the card; ".
Section 2. - Amendments to the law relating to the road traffic police, contacted on 16 March 1968
Art. 23. Article 1^er of the Road Traffic Police Acts, coordinated on 16 March 1968, as amended by the Acts of 5 August 2003 and 20 July 2005, the following amendments are made:
1° in paragraph 2, the second sentence is deleted;
2° Paragraph 3 is replaced by the following:
"On the proposal of the minister who has road traffic in his powers, the King sets the amount of these royalties. The royalties for the registration of vehicles are determined by a royal decree, deliberated in the Council of Ministers. »
Art. 24. The King sets the effective date of this section.
PART 3. - Energy
UNIC CHAPTER. - Advisory Board
on the Non-Proliferation of Nuclear Weapons
Art. 25. In Article 1^er the Act of 9 February 1981 on the conditions of export of nuclear materials and equipment, as well as nuclear technology, the words "to non-nuclear-weapon countries" are deleted.
Art. 26. In section 3 of the Act, item 4 is added, as follows:
“4. the conditions under which the transfer of other technology materials, equipment and data as determined in section 2, is subject to the authorization referred to in section 1^erbecause it can be linked to the development, production or use of nuclear weapons or other nuclear explosive devices. »
PART 4. - Public Service
UNIC CHAPTER. - Amendment of the Act of 22 July 1993 on certain measures relating to public service
Art. 27. Article 1^er, 3°, of the Act of 22 July 1993 on certain measures in public service, is supplemented by the words "- the eHealth platform".
Art. 28. This chapter produces its effects on 23 October 2008.
PART 5. - Asile and migration
UNIC CHAPTER. - Transposition of Article 4, §§ 4 and 5, of the European Directive 2004/83/EC
Art. 29. In the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens, an article 57/7bis is inserted, as follows:
"Art. 57/7bis. The Commissioner General considers the fact that an applicant has already been persecuted or has already suffered serious breaches or has already been subjected to direct threats of such persecution or breaches as a serious indication of the plaintiff's fear of being persecuted or of the real risk of being subjected to serious breaches, unless there are good reasons to believe that such persecution or serious breaches will not occur and that they may not be "
Art. 30. In the same Act, an article 57/7ter is inserted, which reads as follows:
"Art. 57/7ter. The Commissioner-General may, where the claimant does not rely on certain aspects of his statements by documentary or other evidence, judge the claim to be credible if the following conditions are met:
(a) the claimant has actually sought to deter its application;
(b) all relevant elements in possession of the claimant were presented and satisfactory explanation was provided as to the absence of other evidence;
(c) the claimant ' s statements are considered consistent and plausible and are not contradicted by the general and specific information known and relevant to his application;
(d) the claimant has submitted its application for international protection as soon as possible, or has been able to make good reasons for not doing so;
(e) the general credibility of the applicant could be established. »
PART 6. - Social integration
CHAPTER 1^er. - Amendments to the Act of 2 April 1965 on the care of relief provided by public social action centres
Art. 31. In Article 5, § 2, of the Law of 2 April 1965 on the Care of Relief granted by Public Social Action Centres, the following amendments are made:
1° in paragraph 1^eramended by the law of 7 May 1999, the words "reported or requested to be recognized in that capacity or to the person referred to in section 54, § 1^erParagraph 1^er, from the law of 15 December 1980 on access to territory, residence, establishment and removal of aliens" are replaced by the words "incorporated an application for asylum in accordance with the law of 15 December 1980 on access to territory, residence, establishment and removal of aliens";
2° in paragraph 1^er, a), the words "determined under section 54 of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens" are replaced by the words "that was designated as a mandatory place of registration".
CHAPTER 2. - Amendments to the Act of January 12, 2007 on reception
asylum seekers and other categories of foreign nationals
Art. 32. In section I^re Chapter I^erunder Title I^er of Book III, a new article 15/1 is inserted, as follows:
"Art. 15/1. The host recipient is required to provide any useful information regarding his or her situation, as well as to inform the Agency or partner of any new information that may have an impact on the assistance given to him or her. »
Art. 33. In article 31, § 3, paragraph 2, of the same law, the word "determine" is replaced by the words "may determine".
Art. 34. In the same law, it is inserted after section 35, a chapter I^er/1, in Title I^er Book III, entitled:
“Chapter I^er/1. - Consequences of the exercise of a professional activity »
Art. 35. Article 35/1, as follows, is inserted in the same law:
"Art. 35/1. The King shall, by order deliberately in the Council of Ministers, establish the conditions and terms under which the reception, within the meaning of Article 3, paragraph 2, is granted to the claimant when he has professional income.
To this end, the King provides, on the one hand, the terms and conditions for the reimbursement of material assistance, if any by limiting the benefit of certain rights of Chapter I^er of Part I^er Book III, and, on the other hand, without prejudice to the possible application to the asylum seekers concerned of Articles 11 to 13, the conditions and conditions for modifying or deleting the compulsory place of registration.
The terms and conditions set out in paragraph 1^er, including the determination of the respectful scope of each of the situations referred to in paragraph 2, depends on the professional situation of the claimant and may, in particular, be related to the type of employment contract, as well as the amount of professional income received. »
Art. 36. In section 36, paragraph 2, of the same law, the words "or" are replaced by the words "reste".
Art. 37. In section 46, paragraph 2, of the Act, the following amendments are made:
1° the words ", in one of the national languages or in English," are inserted between the words "in writing" and "in";
2° the words ", if the recipient is hosted in a host structure managed by a partner." are inserted after the words "by the partner and approved by the Agency".
Art. 38. Article 47, § 1^erthe following amendments are made to the Act:
1° paragraph 4 is supplemented by the words ", by regular mail within five working days from the date of the consultation in which the medical decision was communicated to the recipient of the reception. ";
2° in paragraph 5, the word "introduction" is replaced by the words "reception";
3° in paragraph 5, the words "described by the Agency" are inserted between the word "medicine" and the words "is required".
Art. 39. Section 56 of the Act is supplemented by a paragraph 3, which reads as follows:
“§3. The Agency is responsible for the preparation, design and execution of the policy. »
PART 7. - Economy and telecommunications
CHAPTER 1^er. - Amendments to the law of 15 May 2007 on the suppression of counterfeiting and intellectual property piracy
Art. 40. In section 13 of the Law of 15 May 2007 on the Suppression of the Counterfeit and Piracy of Intellectual Property Rights, the following amendments are made:
Paragraph 3 is replaced by the following provision:
Ҥ3. However, the Crown Prosecutor orders the destruction of the seized goods, where the interest of public security requires it or if the conservation or storage of these goods is likely to constitute a danger to public order or is problematic because of their nature, quantity or storage conditions that are applied to them, if no claim has been made by a claiming right on these goods within one month of the date of seizure. For the purposes of this paragraph, a period of fifteen days is applicable for the destruction of perishable goods or having limited durability.
The owner or holder of the seized goods, or the holder of the intellectual property whose violation is alleged may, upon requisition of the King's Prosecutor, be invited to destroy the goods themselves.
As soon as the agents designated in accordance with Article 17 transmit the file for prosecution to the Public Prosecutor's Office, the Crown Prosecutor orders the destruction of the goods that have been abandoned in the Consolidated Revenue Fund, if no claim has been made by a claiming right on these goods within one month of the date of abandonment. For the purposes of this paragraph, a period of fifteen days is applicable for the destruction of perishable goods or having limited durability.
The costs of the destruction of goods ordered pursuant to paragraphs 1^er to 3 are supported by the owner of the goods. If the goods are unknown or insolvent, the holder of the goods, the consignee of the goods and the holder of the law are jointly and severally obliged to bear the costs. The King may, by order deliberately in the Council of Ministers, determine the modalities of the cost recovery procedure.
The Crown Prosecutor may, by derogation from paragraph 1^er, to the extent that this decision does not prejudice the holder of the right, decide to give another destination to the goods and order the alienation procedure referred to in Article 28octies, § 1^er1° of the Code of Criminal Investigation. The King may determine by order deliberately in the Council of Ministers the modalities for the application of this alienation procedure. This procedure cannot result in costs to the Treasury.
In any case where destruction or alienation is to take place, a description of the objects to be destroyed or disposed of is made beforehand, and a sample of the objects to be destroyed or disposed of. »;
2° the article is supplemented by paragraph 4, as follows:
Ҥ4. The storage costs of the seized goods are borne by the owner of the goods. If the goods are unknown or insolvent, the holder of the goods, the consignee of the goods and the holder of the law are jointly and severally obliged to bear the costs. The King may determine the procedure for recovering costs.
The owner or holder of the seized goods, the holder of the intellectual property right whose violation is alleged or any claiming right that manifests itself under paragraph 3, paragraph 1^er, may, upon requisition of the Crown Prosecutor, be constituted judicial guardians of these goods. »;
3° the article is supplemented by paragraph 5, as follows:
“§ 5. In the course of the investigation and for the application of paragraphs 3 and 4, the investigating judge has the same powers as the King's prosecutor. »
Art. 41. In the same Act, an article 13/1 is inserted, as follows:
“Art. 13/1. Agents specially designated for this purpose under section 17 may, however, order the destruction of the goods that have been abandoned to the Consolidated Revenue Fund if no claim has been made by a claiming right on these goods within one month of the date of abandonment. For the purposes of this paragraph, a period of fifteen days is applicable for the destruction of perishable goods or having limited durability.
The owner or holder of the goods abandoned in the Consolidated Revenue Fund, or the holder of the intellectual property right whose violation is alleged, may be invited by these agents to destroy the goods themselves.
The costs of the conservation and destruction of the goods abandoned in the Consolidated Revenue Fund are borne by the person who is the owner at the time of abandonment. If the goods are unknown or insolvent, the holder of the goods, the consignee of the goods and the holder of the law are jointly and severally obliged to bear the costs. The King may determine the procedure for recovering costs.
The competent officer may, by derogation from paragraph 1^erto the extent that this decision does not prejudice the holder of the right, decide to give another destination to the goods. In this case, it transmits the goods to the Administration of the cadastre, of the registration and of the domains and assigns this administration of the alienation of these goods. The King may determine the procedure for the application of this alienation procedure. This procedure cannot result in costs to the Treasury.
When the destruction or alienation occurs, a description of the objects to be destroyed or disposed of is made as precisely as possible, and a sample of the objects to be disposed of. »
Art. 42. In article 16, paragraph 3, of the same law, the 2nd is supplemented by the words "and possible modalities to achieve it".
Art. 43. In section 18, paragraph 1^erin the same law, the words "commissioned for this purpose" which appear before the words "of the Customs and Excise Administration" are repealed.
Art. 44. Article 19, § 1^erthe following amendments are made to the Act:
1° in the 1°, third paragraph, the words "eight hours and eighteen hours" are replaced by the words "five hours and twenty and one hours";
2° in 3°, paragraph 1^er, the words "fresh and" are repealed.
CHAPTER 2. - Commission for the regulation of prices
Art. 45. Section 206 of the Program Act of 30 December 1988 is repealed.
PART 8. - Inside
CHAPTER 1^er. - Safety and prevention
Section 1^re. - Amendments to the Act of 10 April 1990
regulating private and special security
Art. 46. In Article 1^er of the Act of 10 April 1990 regulating private and special security, the following amendments are made:
1° paragraph 1^erParagraph 1^er, is supplemented by the 8°, as follows:
"8° accompaniment to exceptional vehicles for road safety. »;
2° in paragraph 2, replaced by the law of 9 June 1999, the words "§ 1^erParagraph 1^er, 1° to 4°, 6° or 7°" are replaced by the words "§ 1^erParagraph 1^er1° to 4°, 6° to 8°";
3° paragraph 4 is supplemented by the words "or to prevent or detect a fire, gas leaks or explosions".
Art. 47. In article 2, § 5, of the same law, inserted by the law of December 27, 2004, the words "an initial authorization," are replaced by the words "an authorization under conditions".
Art. 48. In article 4, § 4, of the same law, inserted by the law of 27 December 2004, the words "an initial authorization," are replaced by the words "an authorization under conditions".
Art. 49. In section 5 of the Act, the following amendments are made:
1° in paragraph 1^er, replaced by the law of May 7, 2004, the words "people who sit on the board of directors of a business, organization or business carrying on activities as provided for in section 1^er§ 1^erParagraph 1^er, 5°" are replaced by the words "people who sit on the board of directors of a company or agency";
2° paragraph 1^er is supplemented by a 12°, written as follows:
"12° did not have been the subject of a decision of the Minister of the Interior in the three years preceding that they did not meet the conditions set out in 8°. »;
3° the article is supplemented by a paragraph written as follows:
"The condition referred to in 12° does not apply where, after the decision of the Minister of the Interior, the judicial authorities declare that the facts, on which the decision is based, are not established or when the person concerned asserts new elements against those on which the decision is based. »
Art. 50. In section 6 of the Act, the following amendments are made:
1° in paragraph 1^er, 1°, a paragraph written as follows is inserted between subparagraphs 1^er and 2:
"People who exercise the activity referred to in Article 1^er§ 1^erParagraph 1^er, 8°, may not be dropped or may not, in the last three years, have been deprived of the right to drive a motor vehicle and must have satisfied the examinations which may be imposed pursuant to section 38 of the Act of 16 March 1968 concerning the police of road traffic. »;
2° paragraph 1^er is completed by an 11°, written as follows:
"11° did not have been the subject of a decision of the Minister of the Interior in the three years preceding that they did not meet the conditions set out in 8°. »;
3° the article is supplemented by a paragraph, written as follows:
"The condition referred to in 11° does not apply when, after the decision of the Minister of the Interior, the judicial authorities declare that the facts, on which the decision is based, are not established or when the person concerned asserts new elements against those on which the decision is based. »
Art. 51. In section 8 of the Act, the following amendments are made:
1° paragraph 1^er is supplemented by a paragraph, which reads as follows:
"The Minister of the Interior shall determine the activities referred to in Article 1^er§ 1^erParagraph 1^erfor which a work outfit must be worn. ";
2° in paragraph 2, paragraph 6, 1°, replaced by the law of 7 May 2004, the word "7°" is replaced by the word "8°".
Art. 52. In section 9 of the Act, amended by the Acts of 10 June 2001 and 7 May 2004, paragraphs 1^er and 2 are replaced by the following:
« § 1^er. The King shall determine the proceedings which, prior to the execution of the activities referred to in Article 1^er, must be informed.
§ 2. The Minister of the Interior may determine that the information referred to by or under paragraph 1^er, be transmitted electronically to the administration of the SPF, which, on its part, informs the authorities of destination. »
Art. 53. Section 12 of the Act is replaced by the following:
"The conditions for the installation, maintenance and use of the alarm systems and centrals referred to in section 1^er, § 4, and their components, for the systems and central alarms intended to:
1° to prevent or detect offences against persons or property determined by the King;
2° Prevent or detect fires, gas leaks or explosions, determined by the King after deliberation in Council of Ministers. »
Art. 54. In section 16 of the Act, as amended by the Act of 7 May 2004, the following amendments are made:
1° paragraph 2 is replaced by the following:
"People who are subject to control must bring their collaboration there. They give at any time to persons referred to in paragraph 1^eraccess to the business, service or organization or premises in which the activities provided for in section 1^er are exercised. They communicate all the documents that are necessary for this purpose. They present their identity documents at the request of those responsible for the control. »;
2° in paragraph 6, 2°, the words "that the offence found relates to Article 8, § 2, paragraphs 2 to 5, Article 10 or Article 11, or" are repealed.
Art. 55. Section 18 of the Act is repealed.
Art. 56. In section 19 of the Act, as amended by the Acts of 18 July 1997, 27 December 2004 and 2 September 2005, the following amendments are made:
1° in paragraph 1^erParagraph 1^erthe words ", except for offences referred to in section 18" are repealed;
2° in paragraph 1^erParagraph 1^er, 2°, the words "half" are replaced by the words "30 %";
3° in paragraph 1^erParagraph 1^er3°, in the provision under the second dash, the words ", Article 11, § 1^er"are inserted between the words "Article 9, § 4" and the words "or Article 15";
4° in paragraph 1^erParagraph 1^er3°, in the provision under the third dash, the words "Article 10, Article 11, excluding § 1^erArticle 16, paragraph 2, is inserted between the words "excluding § 3," and the words "or one of the articles";
5° in paragraph 1^er, paragraph 2, the 1st is replaced by the following:
"One-hundred-and-half if, within three years of acceptance of an amicable arrangement, as referred to in paragraph 1^er2°, an offence under the same provision as that which gave rise to an amicable arrangement is found; »;
6° in paragraph 1^er, paragraph 2, 2°, the words "acceptance of an amicable agreement or" are repealed;
7° paragraph 1^er is supplemented by a paragraph, which reads as follows:
“The competent official referred to in § 2, paragraph 1^er, may, if there are mitigating circumstances, impose an administrative fine less than the minimum amounts referred to in paragraph 1^er, 3°, without the fine being less than 70% of these minimum amounts. »;
8° in paragraph 2, paragraph 2 is repealed;
9° in paragraph 5, a paragraph, as follows, is inserted between paragraphs 7 and 8:
"The court may, if there are mitigating circumstances, decrease the amount of the administrative fine imposed under the minimum amounts referred to in Article 19, § 1^erParagraph 1^er, 3°, without the fine being less than 70% of these minimum amounts. »
Art. 57. Section 21 of the Act, replaced by the Act of 9 June 1999, is replaced by the following:
“Art. 21. The King may, by a deliberate decree in the Council of Ministers, stop the list of occupations or activities that are not considered an activity referred to in Article 1^er because the function and skills of its practitioners are governed by a law that provides the necessary rules of protection for persons who are the subject of these activities.
The King determines the effective date of this article. »
Art. 58. Section 22 of the Act is supplemented by paragraphs 10 and 11, as follows:
“§ 10. Companies and services that, in accordance with the rules defined by the King, have, within two months of the entry into force of Article 1^er§ 1^erParagraph 1^er, 8°, requested authorization referred to in Article 2, § 1^erto carry out activities referred to in Article 1^er§ 1^erParagraph 1^er, 8°, may continue these activities during the period prior to notification of the decision on their application, even without obtaining authorization.
Persons engaged by an enterprise or an internal service may exercise the custodial activity referred to in section 1^er§ 1^erParagraph 1^er, 8°, of the law, not more than eighteen months after notification of the authorization referred to in paragraph 1^erwithout having met the conditions referred to in Article 5, paragraph 1^er5 or 6, paragraph 1^erFive.
§ 11. Companies that, on the date of the entry into force of this paragraph, install, maintain or repair alarm systems exclusively for the purpose of preventing or detecting fires, gas leaks and explosions, and have requested the approval referred to in Article 4, § 1^erwithin two months after the entry into force of this paragraph, may continue these activities during the period preceding the notification of the decision concerning their application, even without obtaining the approval.
Persons engaged by a company may, without having met the conditions referred to in Article 5, paragraph 1^er5° or 6, paragraph 1^er, 5°, exercise activity in paragraph 1^er up to 18 months after notification of the licence referred to in paragraph 1^er. »
Section 2. - Amendments to the Act of 19 July 1991 organizing the profession of private investigator
Art. 59. Section 2 of the Act of 19 July 1991 organising the profession of private investigator is supplemented by paragraph 2, which reads as follows:
“§2. The Minister of the Interior may delegate the jurisdiction referred to in § 1^er an agent that he or she has designated, except in respect of decisions relating to an authorization under conditions, a refusal of authorization or a refusal to renew authorization. »
Art. 60. Article 4, paragraph 1^er, the same law is supplemented by the words "or by an agent he has designated".
CHAPTER 2. - Civil security - Amendments to the Civil Security Act of 15 May 2007
Art. 61. Section 206 of the Civil Security Act of 15 May 2007 is replaced by the following:
"Art. 206. § 1^er. From a date to be fixed by the King, the statutory communal staff in service in the centers of the unified call system is detached for one year from the SPF Interior. During this period, this staff remains communal staff. During the entire period of detachment, the commune claims the recovery of treatment, allowances, allowances, bonuses and benefits of any kind, including family allowances and employer contributions, relating to the detached staff. Under the terms established by the King, the period of detachment may be terminated during that period, at the request of the detached staff member or the Internal SPF. At the end of the full detachment period, staff members are appointed as members of the SPF's statutory staff. The King sets out the criteria on which the Internal SPF may refuse the appointment of a staff member after that one year period. These criteria are communicated to the staff member concerned prior to the detachment.
§ 2. From a date to be fixed by the King, the contracting communal staff in service in the centers of the unified call system is made available for one year of the Inland SPF. During this period, this staff remains communal staff. During the entire period of making available, the commune seeks the recovery of salary, allowances, allowances, allowances and benefits of any kind, including family allowances and employer contributions, relating to staff made available. Under the terms and conditions established by the King, it may be put to an end precipatoryly at the time of making available, at the request of the staff member at the disposal or the Internal SPF. At the end of the full period of availability, it is offered to staff members made available a contract of work with the SPF Interior. The King sets out the criteria on which the Internal SPF may refuse to offer a work contract to the staff member after that one year period. These criteria are communicated to the staff member concerned prior to making available.
§ 3. The King also sets out by order deliberately in the Council of Ministers:
1° the terms of the detachment referred to in § 1^er and the provision referred to in § 2;
2° the terms and conditions for appointment as a member of the SPF's statutory staff referred to in § 1^erparticularly the setting of its grade and scale of treatment and the maintenance of its pension rights;
3° the effective date of Article 207, paragraph 1^erfor the personnel concerned by this article and who may not be after the appointment referred to in § 1^er or the conclusion of the new employment contract referred to in § 2;
4° the provisions applicable to personnel referred to in §§ 1^er and 2 which makes use of the possibility provided for in section 207, paragraph 1^er.
§ 4. This section does not apply to professional firefighters in service in a municipality and in service in the centres of the unified appeal system that, under section 203, are transferred to the operational framework of the area of which the municipality is a member. »
Art. 62. In the same Act, an article 206/1 is inserted, which reads as follows:
"Art. 206/1. Pending their transfer to the operational framework of the area in which the municipality is located, professional firefighters in service in a municipality, referred to in section 203, may be detached and made available to a federal public service or the Federal Knowledge Centre for Civil Safety referred to in section 175.
The King shall, by order deliberately in the Council of Ministers, establish the terms of detachment or provision. »
PART 9. - Average grades
CHAPTER 1^er. - Amendment to section 8 of the Program Law of 10 February 1998 for the promotion of the independent company
Art. 63. In section 8 of the Program Act of 10 February 1998 for the promotion of the independent enterprise, the following amendments are made:
1° in the first paragraph the words "in front of one" are replaced by the words "organized in the frame";
2° the second paragraph is replaced by the following:
"The King determines the organization, conditions and the right of registration for participation in these examinations. »
CHAPTER 2. - Amendment of the Act of 3 December 2005 establishing compensation for loss of income for self-employed victims of nuisance due to public work
Art. 64. In section 2bis of the Act of 3 December 2005 establishing a compensatory compensation for loss of income for self-employed victims of nuisance due to the conduct of work on the public domain, inserted by the program law of 22 December 2008, the following amendments are made:
1° the Dutch text of paragraph 2, point 2, is replaced by the following provision:
"Hun jaaaromzet en hun jaarlijks balanstotaal mogen de 2 miljoen euro niet overschrijden; »;
2° in the Dutch text of paragraph 2, point 3, the words "De voornaamste activiteit" are replaced by the words "Hun voornaamste activiteit".
Art. 65. In section 6 of the Act, replaced by the Program Act of 22 December 2008, the following amendments are made:
1° in paragraph 3, paragraph 1^er, the words ", as part of a claim for compensation referred to in Article 7, § 1^er," are inserted between the words "deliver" and "an attestation";
2° Paragraph 3 is supplemented by a new paragraph, which reads as follows:
"Without prejudice to the assessment on the merits, by the Participating Fund, the municipality is required to issue a certificate when the work results in a request for an extension referred to in Article 7, § 1^er :
1° or none of the public parking spaces that are prescribed shall be used in the street where the establishment is located;
2° or no public parking spaces that are prescribed can be used within 100 metres of any access to the establishment;
3° or a access to the facility is closed to transit traffic, in one direction or both;
4° or access to the establishment is impossible. "
Art. 66. In section 7 of the Act, the following amendments are made:
Paragraph 2 is replaced by the following provision:
“§2. The independent states in the claim form referred to in § 1^er that:
1° the nuisances result in making the opening of the establishment in which it works operationally unnecessary for at least seven calendar days;
2° the obstructed establishment will be closed from a date it determines.
The independent states in the claim form for an extension of compensation referred to in § 1^er that:
1° the nuisances result in making the opening of the establishment in which it works operationally unnecessary;
2° the obstructed establishment remains closed. »;
2° paragraph 3, paragraph 2, first sentence, is replaced by the following provision:
"The claim form for an extension of compensation referred to in § 1^er must be introduced no later than 5 working days before the end of each period of compensation within the meaning of Article 7bis, § 2. »;
3° in paragraph 4, paragraph 3, 5°, the words "of Article 6, § 2, paragraph 2, and" are deleted.
Art. 67. Article 7bis, § 1^erParagraph 1^er, of the same law, inserted by the programme law of 22 December 2008, the number "15" is replaced by the word "quinze".
Art. 68. In Article 8, § 1^erthe same Act, as amended by the Programme Act of 22 December 2008, the following amendments are made:
1° in the Dutch text of paragraph 2, the words "telkens voor de 10e van de maand" are replaced by the words "telkens de 10e van de maand";
2° the Dutch text of the second sentence of paragraph 3 is replaced as follows:
"Onder voorbehoud daarvan, worden voor de berekening van de inkomenscompensatievergoeding alle kalenderdagen in acht genomen gedurende dewelke de inrichting als gevolg van de hinder gesloten is."
Art. 69. In section 9 of the Act, replaced by the Program Act of 22 December 2008, the following amendments are made:
1° in the Dutch text of paragraph 2, paragraph 2, in the Dutch version, the word "wordt" is replaced by the word "is";
2° in paragraph 3, the words "in the event of non-compliance with section 10," are replaced by the words "in the event of breaches of this Act and/or its enforcement orders".
Art. 70. Section 10 of the Act, as amended by the Program Act of 22 December 2008, is replaced by the following provision:
“Art. 10. From the date of the establishment's closure confirmed in the letter of admissibility of the Participating Fund referred to in Article 7, § 4, paragraphs 1^er and 2, up to the date either, the termination of the establishment confirmed in the above-mentioned letter of admissibility or referred to in Article 9, § 2, paragraph 2, or referred to in Article 9, § 5, paragraph 1^er, customers can no longer have access to the establishment and direct sale to the consumer as well as home delivery are prohibited. »
Art. 71. This chapter comes into force on the day of the publication of this Act to the Belgian Monitor.
CHAPTER 3. - Amendment of the Commercial Code
concerning the professional activity of autonomous reception of children
Art. 72. In the First Title "From Traders", the First Book "From Trade in General", the Commercial Code, is inserted an article 2ter, written as follows:
"Art. 2t er. However, it is not deemed to be a trade act, the custody of children by autonomous and independent hosts who meet the conditions set by the competent authorities in respect of family policy. »
CHAPTER 4. - Amendment of the Act of 13 July 2006 on competent boards and boards of appeal in the field of the professional title of an intellectual profession service provider
Art. 73. Article 2, paragraph 1^er, 1°, of the Act of 13 July 2006 on the competent boards and boards of appeal in the field of the professional title of an intellectual profession service provider, the words "effective, emeritus or" are inserted between the words "magistrate" and "honorary".
Art. 74. Article 5, paragraph 1^er, 1°, of the same law, the words "effectives, emeritis or" are inserted between the words "magistrates" and "honoraries".
CHAPTER 5. - Effects of bankruptcy and judicial reorganization by transfer under judicial authority on third party liability for the financing of a new activity
Art. 75. In Title II, Chapter VII, of the Bankruptcy Act of 8 August 1997, a section V, entitled:
"Section V. - Effects of bankruptcy on third party liability for the financing of a new activity"
Art. 76. In section V, inserted by section 75, an article 98bis is inserted, as follows:
"Art. 98bis. The bankruptcy of a natural person or a legal person alone cannot constitute the basis for a liability action against a credit donor or an investor who has credited or invested in a new activity deployed by the bankrupt or by a director, manager or officer of the bankrupt corporation, regardless of the form in which the new activity is carried out. »
Art. 77. In Title IV, Chapter 4, of the Business Continuity Act of 31 January 2009, an article 70/1 is inserted, as follows:
"Art. 70/1. The judicial reorganization by transfer of a natural person or a legal person under the authority of justice may only form the basis of a liability action against a credit donor or an investor who has given credit to or has invested in a new activity deployed by the debtor or by a director, manager or leader of the debtor, regardless of the form in which the new activity is carried out. »
PART 10. - Independent
CHAPTER 1^er. - Creation of the successor contractor's plan
Section 1^re. - Independent replacement contract
Art. 78. The independent replacement contract is the fixed-term contract by which an independent worker, a natural person or a manager of a legal person, who temporarily suspends his or her professional activity, is replaced by another independent, referred to as the "replacer contractor", in order to ensure continuity of his or her commercial, artisanal or non-commercial business of private law, or his or her professional activity.
The substitute contractor may be an independent worker registered in the Register of Alternative Contractors referred to in section 80.
Art. 79. An independent who wishes to be replaced and a substitute contractor enters into a replacement contract in writing prior to the commencement of the replacement.
This contract cannot, in the Chief of the replaced Independent, run over a period of more than thirty days per calendar year, the maximum number of days that may be extended from the following periods of inactivity of the replaced Independent:
1° any period of primary disability and disability referred to in Article 7 of the Royal Decree of 20 July 1971 establishing allowances and maternity insurance for self-employed and assisted spouses;
2° any maternity period referred to in Article 93 of the Royal Decree of 20 July 1971 referred to above.
The King shall determine, by order deliberately in the Council of Ministers, other periods of inactivity that may be taken into account for the extension of the period referred to in the preceding paragraph.
For the duration of the contract, the substituted independent may not exercise its usual professional activity or any other professional activity.
In addition to mentioning the term of replacement, the contract, established in accordance with the preceding paragraphs, refers to the reference to this Act and the business number assigned to the contractor replacing in the Register of Alternative Contractors, as defined in sections 80 and 81, by the Bank-Carrefour des Entreprises established by the Act of January 16, 2003 establishing a Bank-Carrefour des Entreprises, modernizing the register of commerce, creating a business window
The legal acts that the substitute contractor can perform on behalf of and on behalf of the contractor who wishes to be replaced will also be listed, without the fact that this list must be exhaustive.
In no case shall the responsibility of the State be engaged in the execution of the independent replacement contract.
Section 2. - Register of alternate contractors
Art. 80. It is created within the SPF Economie, P.M.E., Average Classes and Energy a "Register of Alternative Entrepreneurs", referred to as "the Register".
The purpose of this register is to list all persons who are candidates to enter into an independent replacement contract, which is referred to as the "replacement contractors".
In this register, only persons who respect, in their personal capacity, the pre-registration conditions referred to in section 39, 3°, of the Act of 16 January 2003 establishing a Bank-Carrefour des Entreprises, modernization of the trade register, creation of registered business windows and various provisions, or any other condition determined by the King, by order deliberately in the Council of Ministers.
The King determines the data in the registry, particularly in terms of competence.
Art. 81. § 1^er. The alternate contractor candidate is registered in the register by the company window of his choice, as referred to in the Act of January 16, 2003, establishing a Business Bank-Carrefour, modernizing the business register, creating approved business windows and carrying various provisions.
The King determines the terms of registration, renewal and de-registration in the registry.
The grounds for refusal of registration, modification or delisting in the register and the possibilities of appeal are those provided for by articles 39 and 40 of the Act of 16 January 2003 establishing a Bank-Carrefour des Entreprises, modernization of the trade register, creation of registered business windows and various provisions.
§ 2. The King sets out, by order deliberately in the Council of Ministers, the amount of the right to register and that of the personal contribution of users of the register.
The amounts thus fixed can be adapted by the King at 1^er January according to the average consumer price index provided that the indexed amount is greater than at least EUR 0.50 compared to the applicable amount. The amount of the increase is rounded down to a multiple of EUR 0.50.
The King shall determine, by order deliberately in the Council of Ministers, the percentage of the registration rights referred to in this section which may be retained by the registered business windows as a reward for their intervention under this Act.
Section 3. - The social status of the substitute contractor
Art. 82. Alternative contractors registered in the register referred to in sections 80 and 81 that have entered into a replacement contract within the meaning of sections 78 and 79 are, within and for the duration of this contract, presumed to exercise, in an irrefragable manner, this activity outside the links of a work lease or status contract.
If the conditions of this chapter are not met, presumption shall not apply.
Section 4. - Miscellaneous provisions
Art. 83. The practical terms and conditions of use of the register are set by the King, by order deliberately in Council of Ministers.
Art. 84. At the time when the first replacement contract begins, the replacement contractor must be registered in the Banque-Carrefour des Entreprises in accordance with Title III of the Act of 16 January 2003 establishing a Banque-Carrefour des Entreprises, modernizing the register of commerce, creation of approved business windows and carrying various provisions and the Royal Decree of 22 June 2009 on the modalities for the registration of non-commercial companies of
Art. 85. A substitute contractor who intends to carry on an activity other than that for which he is already registered in the register must first request an amendment to his registration in the register at the business window of his choice.
Art. 86. A person who no longer wishes to be a substitute contractor has an obligation to apply for his or her withdrawal from the register at the company window of his or her choice.
Art. 87. This chapter comes into force on a date determined by the King and no later than 1^er July 2010.
CHAPTER 2. - Inspection INASTI - Amendment of Article 23bis of Royal Decree No. 38 of 27 July 1967 organizing the social status of independent workers
Art. 88. In article 23bis, § 2, of Royal Decree No. 38 of 27 July 1967 organizing the social status of independent workers, inserted by the programme law of 22 December 2008, the following amendments are made:
1° in paragraph 1^er, the words "duly mandated officials of the National Institute" are replaced by the words "social inspectors and social controllers of the National Institute";
2° after paragraph 1^er, a paragraph 2 is inserted as follows:
"The social inspectors and social controllers of the National Institute exercise this monitoring in accordance with the provisions of the Labour Inspection Act of 16 November 1972. »;
3° the current paragraphs 2, 3 and 4 are repealed.
CHAPTER 3. - The supplementary free pension of self-employed persons
Art. 89. Section 42, 3°, of the Program Law (I) of 24 December 2002, last amended by the Act of 24 July 2008 on various provisions, is supplemented by the insertion of a 4^e dash, as follows:
" - the subject independent worker referred to in Article 13, § 1^erthe same order, which does not receive the effective payment of a retirement or survival pension, whether anticipated or not, under the pension plan of independent workers or another pension plan, and which is liable to social contributions at least equal to those referred to in Article 12, § 1^erthe same order; "
Art. 90. Article 89 produces its effects on 1^er January 2008.
PART 11. - Social affairs
CHAPTER 1^er. - Occupational diseases
Art. 91. In section 44 of the laws relating to the prevention of occupational diseases and the repair of damage resulting from occupational diseases, coordinated on 3 June 1970, as amended by the laws of 29 December 1990 and 13 July 2006, the following amendments are made:
1° in paragraph 2, paragraph 2, the word "interested" is replaced by the words "the beneficiary of dependant benefits of the Fund";
2° in paragraph 2, paragraph 4, the words "of the victim or the rightful person" are replaced by the words "of the dependant benefit recipient of the Fund";
3° in paragraph 3, paragraph 1^er, the words "to the debtor" are replaced by the words "to the dependant benefit recipient of the Fund";
4° in paragraph 3, paragraph 2, 7°, the words "the debtor" are replaced by the words "the beneficiary of dependant benefits of the Fund";
5° in paragraph 3, paragraph 2, 10°, the words "the debtor" are replaced by the words "the beneficiary of dependant benefits of the Fund";
6° in paragraph 3, paragraph 5, the words "interested" are replaced by the words "the beneficiary of dependant benefits of the Fund".
Art. 92. Section 56 of the same Acts, as amended by the Act of 25 January 1999, is supplemented by the 4°, as follows:
"4° by gifts and bequests."
Art. 93. In article 64bis, paragraph 1^er, of the same laws, inserted by the law of 22 December 2008, the words "foreseeed by this chapter" are replaced by the words "foreseeable by these laws".
CHAPTER 2. - Family allowances
Art. 94. In Article 1^er, paragraph 5, of the Act of 20 July 1971 establishing guaranteed family benefits, inserted by the Act of 25 January 1999 and amended by the Act of 12 August 2000, the words "see a minimum of means of existence granted under the Act of 7 August 1974 establishing the right to a minimum of means of existence." are replaced by the words "the right to social integration under the law of 26 May 2002 concerning the right to social integration. "
Art. 95. In article 3, paragraph 1^er, a), of the same law, inserted by Royal Decree No. 6 of 11 October 1978, the words "benefit from an allowance granted under the law of 7 August 1974 establishing the right to a minimum of means of existence;" are replaced by the words "a right to social integration under the law of 26 May 2002 concerning the right to social integration; ".
Art. 96. This chapter produces its effects on 1^er October 2002.
CHAPTER 3. - National Disability Insurance Institute
Section 1^re. - Amendments to the Compulsory Health Care and Compensation Insurance Act, coordinated on 14 July 1994
Art. 97. In section 90 of the Compulsory Health Care Insurance Act, coordinated on 14 July 1994, paragraph 3, inserted by the Act of 22 February 1998, is replaced by the following:
"The physician-advisor of the insurer also decides on the state of incapacity for work referred to in Article 101, § 1^erin a period of primary disability. "
Art. 98. In section 94 of the Act, paragraph 4, inserted by the Act of 22 February 1998, is replaced by the following:
"The Medical Council of Disability also decides, in accordance with the provisions of Article 82, on the state of incapacity for work referred to in Article 101, § 1^erin a period of disability. "
Art. 99. Section 101 of the Act, as amended by the Act of 25 January 1999, is replaced by the following:
"Art. 101. § 1^er. The licensee recognized as unable to work that has performed a work without the prior authorization referred to in section 100, §2, or without the conditions of authorization, is subject to a medical examination to verify whether the conditions for recognition of incapacity for work are met at the time of the examination. The King determines the time limit for this examination to be carried out, from the date of recognition of the unauthorized activity or the communication of it.
In the event of a negative decision, an end of recognition decision shall be notified to the holder within the time specified by the King.
§ 2. The licensee referred to in paragraph 1^er is obligated to reimburse the incapacity pay he has received for the days or period during which he has completed the unauthorized work.
However, the Management Committee of the Indemnities Service may waive, in whole or in part, the recovery of the allowances referred to in paragraph 1^er in cases of interest, without fraudulent intent.
This decision takes into account the proportionality to be observed between the importance of recovery, on the one hand, and the nature or severity of the licensee's failure to comply with its obligations, on the other.
In this regard, the Committee, inter alia, takes into account the following:
1° the social and financial situation of the licensee and any other relevant personal elements;
2° the subjection or not of activities not authorized to social security;
3° the volume of the said activities and the importance of the revenues related to them.
§ 3. The days or the period for which the allowances are recovered shall be assimilated to days indemnified for the determination of the rights to social security benefits of the holder, as well as the dependants of the holder. »
Art. 100. Section 102 of the Act, as amended by the Act of 25 January 1999, is repealed.
Art. 101. This section comes into force on December 31, 2010 unless the King sets a previous effective date.
Section 2. - Confirmation of the Royal Decree of 30 March 2009, amending, with regard to occupational rehabilitation, the Royal Decree of 3 July 1996 implementing the Compulsory Health Care Insurance Act, coordinated on 14 July 1994
Art. 102. The Royal Decree of March 30, 2009, amending, with regard to occupational rehabilitation, the Royal Decree of July 3, 1996 enforcing the Compulsory Health Care and Compensation Insurance Act, coordinated on July 14, 1994, is confirmed with effect to 1^er July 2009.
Section 3. - Complementary pensions of independents
Art. 103. Article 191, paragraph 1^er, 7°, paragraph 1^erof the Compulsory Health Care and Compensation Insurance Act, coordinated on 14 July 1994, as amended by the Act of 24 December 1999, is supplemented as follows:
"as well as on the supplementary pension defined in section 42, 1°, of the programme law of 24 December 2002. »
Art. 104. This section comes into force on 1^er January 2010.
CHAPTER 4. - Amendment of Article 26 of the Law of 29 June 1981 establishing the general principles of social security of wage workers
Art. 105. In Article 26, paragraph 3, of the Act of 29 June 1981 establishing the general principles of social security of employed workers, last amended by the law of 17 June 2009, the words "seen to Article 15 of Title 5, Chapter 1^er, Section 1^re, of the programme law of 17 June 2009" are replaced by the words "seen to section 19 of the programme law of 17 June 2009".
Art. 106. This chapter produces its effects on 1^er July 2009.
CHAPTER 5. - Amendment of section 154 of the Act of 22 February 1998 on social provisions
Art. 107. In Article 154, § 2, of the Act of 22 February 1998 on social provisions, paragraph 1^er is replaced by the following:
"From the 1997 fiscal year, the State will pay annually to the Overseas Social Security Office a subsidy equal to the difference between the total charge of the three Funds it has, and the amount of their products, without taking into account the fluctuation of the technical reserves. »
Art. 108. This chapter produces its effects on 13 March 1998.
PART 12. - Employment
CHAPTER 1^er. - Amendments to the Act of 5 December 1968 on collective labour agreements and joint commissions
Art. 109. Article 16 of the Act of 5 December 1968 on collective labour agreements and parity commissions is supplemented by the 9.
“9. the business number or business numbers for agreements concluded for a business or for a group of businesses;
the entity establishment unit numbers where the agreement applies, in cases where the undertaking or undertakings are made up of several autonomous entities. »
Art. 110. Section 37 of the Act is supplemented by paragraph 2, which reads as follows:
"The King shall consult with the Joint Commission whose scope has been restricted before amending or repealing the relevant Joint Subcommissions. The Joint Commission shall send its opinion within six months of the application made to it, if it fails to do so. »
Art. 111. Article 109 comes into force on the day of the publication of this Act to the Belgian Monitor.
CHAPTER 2. - Designation of a government commissioner and an alternate government commissioner to the "Zeevissersfonds" Security Fund
Art. 112. A government commissioner and an alternate government commissioner are appointed to the existence security fund "Zeevissersfonds" established by the collective labour agreement of 29 August 1986, entered into within the Joint Maritime Fisheries Commission, establishing a security fund known as "Zeevissersfonds" and fixing its statutes. This Commissioner of the Government exercises control over the management and allocation of federal public means that employers pay to this fund in accordance with section 275.4 of the Income Tax Code. The King defines the mission, competence, status and operation of the Commissioner of Government.
CHAPTER 3. - Amendments to Royal Decree No. 213 of 26 September 1983 relating to the duration of work in the enterprises of nationality to the Joint Construction Commission
Art. 113. Article 7, § 1^erthe following amendments are made to Royal Decree No. 213 of 26 September 1983 concerning the duration of work in the enterprises of the Joint Construction Commission, as amended by the Act of 8 June 2008:
1° to paragraph 1^er, the words "up to 130 hours" are replaced by the words "up to 180 hours";
2° the last paragraph is replaced by the following provision:
"For the first 130 hours of overtaking the time limit mentioned in paragraph 1^er, the employer must first obtain the agreement of the majority of the union delegation. In the absence of a union delegation, the Chairman of the Joint Commission is informed. »;
3° the paragraph shall be supplemented by paragraph 6, which reads as follows:
"For the 50-hour period referred to above the first 130 hours mentioned in the preceding paragraph, the provisions of paragraph 2, paragraphs 4 to 6, shall be complied with. »
Art. 114. Section 8 of the same order is repealed.
CHAPTER 4. - Amendments to the Labour Act of 16 March 1971
Art. 115. In section 8 of the Labour Act of 16 March 1971, as amended by the Act of 17 May 1985, paragraph 1^er is replaced by the following provision:
"Young workers cannot perform underground work in mines, mining and careers. »
Art. 116. In section 10 of the Act, the words "workers" are repealed.
Art. 117. The Royal Decree of 24 December 1968 on the work of women is repealed.
CHAPTER 5. - Amendment of Article 35, § 5, of the Law of 29 June 1981 establishing the general principles of social security of wage workers
Art. 118. In Article 35, § 5, D, paragraph 2, of the Law of 29 June 1981 establishing the general principles of social security of employed workers, as amended by the laws of 27 December 2005 and 27 December 2006, the word "maximum" is inserted between the words "to affect 1.20 %" and the words "of the amounts to them".
CHAPTER 6. - Amendment to Chapter VI of Title XI of the Act of 27 December 2006 on various provisions (I)
Art. 119. In section 118 of the Act of 27 December 2006 on various provisions (I), as amended by the Acts of 23 December 2009 and 30 December 2009, the following amendments are made:
1° in paragraph 2bis, the words "at the earliest" are replaced by the words "from";
2° in paragraph 2ter the words "social workshops, referred to in Decreet van de Vlaamse gemeenschap of 14 July 1998 inzake social werkplaatsen or by" are inserted between the words "occupied by" and the words "employers", the words "in article 1^er, 1°, of the royal decree of July 18, 2002" are replaced by the words "in article 1^er, 1° and 2° of the Royal Decree of 18 July 2002" and the words "after 1^er April 2010" are replaced by the words "from 1^er April 2010";
3° in paragraph 4, the words "see § 3, paragraph 1^er"are replaced by the words "see paragraphs 2ter and 3".
Art. 120. In section 120 of the Act, as amended by the Acts of 23 December 2009 and 30 December 2009, the following amendments are made:
1° in paragraph 3, the words "after 1^er April 2010" are replaced by the words "from 1^er April 2010";
2° in paragraph 4 the words "as referred to in Article 1^er, 1°, of the Royal Decree of 18 July 2002" are replaced by the words "as referred to in Article 1^er, 1° and 2° of the royal decree of 18 July 2002", the words "or in social workshops, referred to in the Decreet van de Vlaamse gemeenschap of 14 July 1998 inzake social werkplaatsen" are inserted between the words "non-market sector," and the words "and when", and the words "after 1^er April 2010" are replaced by the words "from 1^er April 2010";
3° the article is supplemented by a paragraph 5, which reads as follows:
“§ 5. The King may, by a deliberate decree in the Council of Ministers, assimilate employers in the public sector to employers in the non-marchand sector referred to in § 4. »
Art. 121. Article 124, § 1^erthe same Act, as amended by the Acts of 23 December 2009 and 30 December 2009, is supplemented by paragraph 3, which reads as follows:
"The King may, by a deliberate decree in the Council of Ministers, reduce the percentages referred to in Article 118, § 2, for companies recognized in difficulty, subject to the Royal Decree of 3 May 2007 establishing the conventional prepension within the framework of the Covenant of Solidarity between Generations. »
Art. 122. This chapter comes into force on 1^er April 2010.
CHAPTER 7. - Amendment of Part 10, Chapter 13, of the Act of 30 December 2009 on various provisions (I)
Art. 123. In section 150, the last draw, of the Act of December 30, 2009 on various provisions, the words "who, on the date of the employer's communication of the intention to proceed with the collective dismissal, has at least one uninterrupted year of service seniority with the employer in restructuring" are inserted between the word "worker" and the word "may".
Art. 124. Section 151 of the Act is repealed.
Art. 125. In section 152 of the Act, paragraph 3 is repealed.
Art. 126. Section 153 of the Act is replaced by the following:
"Art. 153. § 1^er. The employer is exempt from paying its share of the lump-sum crisis premium if it is satisfied with one of the following conditions:
1° at the time of notification of termination, the worker has less than six months of seniority;
2° on the date of the employer's communication of the intention to proceed with the collective dismissal, the worker has less than one year uninterrupted from service seniority with the employer in restructuring and the termination occurs as part of a restructuring under which the worker may register in the employment cell in accordance with section 34 of the Act of December 23, 2005 on the solidarity pact between generations;
3° if the notification of termination falls within the period of 1^er January 2010 to March 31, 2010, this employer applied to the worker in the period of 1^er October 2009 until the day before the notice of termination, a measure of collective decrease or individual decrease in the period of work as provided for in Title I^er or by title II, chapter 2, of the Act of 19 June 2009 on various employment provisions during the crisis;
4° if the notification of termination falls within the period of 1^er April 2010 to June 30, 2010, this employer applied to the worker in the period of 1^er January 2010 until the day before the notice of termination, a measure of collective decrease or individual decrease in the period of work as provided for in Title I^er or by Title II, Chapter 2, of the Act of 19 June 2009 on various employment measures during the crisis;
5° if the notice of termination falls within the period of 1^er January 2010 to March 31, 2010, the execution of the labour contract for workers was suspended by this employer, vis-à-vis the worker, in the period of 1^er October 2009 until the day before the notification of termination pursuant to Article 51 of the Act of 3 July 1978 on contracts of employment, for a number of days, equal, according to its working regime, to four weeks if the worker has less than twenty years of seniority in the company at the time of notification of termination and to eight weeks if the worker has at least twenty years of seniority in the company at the time of termination
6° if the notification of termination falls within the period of 1^er April 2010 to June 30, 2010, the execution of the labour contract for workers was suspended by this employer, vis-à-vis the worker, in the period of 1^er January 2010 until the day before the notification of termination pursuant to Article 51 of the Act of 3 July 1978 on contracts of employment, for a certain number of days equal, according to its working regime, to four weeks if the worker has less than twenty years of seniority in the company at the time of notification of termination and to eight weeks if the worker has at least twenty years of seniority in the company at the time of notification of termination.
If the employer meets one of the conditions referred to in paragraph 1^er, the lump-sum crisis premium is paid by the National Employment Office.
§ 2. The commission referred to in Article 14, § 3, of the Law of June 19, 2009 on various employment provisions during the crisis, may grant to companies less than 10 workers an exemption from the payment by the employer of the lump sum of crisis referred to in Article 152, paragraph 1^er. This exemption may be granted at the employer's request as long as the company concerned is aware of economic difficulties. The King shall determine, by order deliberately in the Council of Ministers, the precise modalities for this exemption. It also defines, by deliberate decree in the Council of Ministers, what is meant by "economic differences" and how to determine the number of workers referred to above."
Art. 127. Section 154 of the Act is replaced by the following:
"Art. 154. § 1^er. The National Employment Office is responsible for paying, with the help of the organizations created under Article 7, § 1^er, paragraph 3, (i), of the Decree-Law of 28 December 1944 relating to the social security of workers, the portion of the crisis premium referred to in articles 152 and 153 which is at its expense.
For the purposes of Article 7 of the aforementioned Decree-Law of 28 December 1944 and its enforcement orders, this part of the crisis premium is considered an unemployment benefit unless the King derogates from it.
The King shall determine the specific rules and procedures for granting part of the crisis premium, referred to in paragraph 1^er. It may provide under what circumstances the worker who, at the time of notification of termination has less than 6 months of seniority, and who has previously received the crisis premium, has no new entitlement to the premium.
The King may also provide for the conditions and terms and conditions under which the National Employment Board shall make a refund to the employer who has paid the worker an amount that the Agency has to pay.
The King may also provide for the reimbursement of the crisis premium paid by the ONEm when the company that has terminated its employment reengages it within three months, after the date of its termination.
§ 2. The provisions of Article 7, § 4, of the Decree-Law of 28 December 1944 above apply to the provisions of this chapter, in which the control of the grant of the portion of the crisis premium referred to in § 1^erParagraph 1^er, is assimilated to the control of the reality of unemployment.
Without prejudice to the competence of judicial police officers, officials of the National Employment Office designated in accordance with Article 22 of the Law of 14 February 1961 on economic expansion, social progress and financial recovery shall be responsible for monitoring compliance with the provisions of this chapter with respect to the part of the crisis premium referred to in § 1^erParagraph 1^er.
These officials exercise this control in accordance with the provisions of the Labour Inspection Act of 16 November 1972. »
Art. 128. This chapter produces its effects on 1^er January 2010.
CHAPTER 8. - Amendment of the Act of 22 December 2009 establishing general regulations on the prohibition of smoking in closed places accessible to the public and the protection of workers against tobacco smoke
Art. 129. Section 15 of the Act of 22 December 2009 establishing general regulations on the prohibition of smoking in closed places accessible to the public and the protection of workers against tobacco smoke, is replaced by the following:
“Art. 15. The employer is responsible for complying with the provisions of this Act and its enforcement orders.
The penalties referred to in section 81 of the Act of August 4, 1996 relating to the welfare of workers during the performance of their work, the employer, its agents or employees who have violated the provisions of this Act or its enforcement orders. »
Art. 130. In the same Act, an article 15/1 is inserted as follows:
"Art. 15/1.The officials designated under section 80 of the Act of 4 August 1996 on the welfare of workers during the performance of their work are responsible for monitoring compliance with the provisions of this Act, in accordance with the provisions of the Labour Inspection Act of 16 November 1972. »
PART 13. - Pensions and income guarantee for older persons
CHAPTER 1^er. - Private sector pension
Section 1^re. - Capitalization
Art. 131. Section 9 of the Act establishing the unification and harmonization of capitalization plans established under the laws relating to insurance for old age and premature death, coordinated on June 29, 2007, is repealed.
Art. 132. Article 37, paragraph 1^erof the royal decree No. 50 of 24 October 1967 relating to the pension and survival of employed workers, as amended by the laws of 25 January 1999 and 6 May 2009, the words "The expenses resulting from the application of this decree and the laws relating to the pension and survival of workers, employees, miners and sailors navigating under Belgian flag, as long as they do not relate to the rents, are covered
Art. 133. This section comes into force on 1^er January 2010, with the exception of section 132, which comes into force on the day of the publication of this Act to the Belgian Monitor.
Section 2. - Versatility of demand
Art. 134. In section 298 of the Program Law (I) of 27 December 2006, the words "or in the head of his spouse" are replaced by the words "or in the head of his deceased spouse".
Art. 135. This section produces its effects on January 7, 2007.
CHAPTER 2. - Guarantee of income to older persons
Art. 136. In section 13 of the Act of 22 March 2001 establishing the guarantee of income to older persons, paragraph 1 is supplemented by the words "and those with whom it shares the same principal residence. ".
Art. 137. This chapter comes into force on the day of the publication of this Act to the Belgian Monitor.
CHAPTER 3. - Public sector pensions
Section 1^re. - Payment of benefits
managed by the Public Sector Pension Service
Art. 138. In section 6 of the Act of 12 January 2006 establishing the Public Sector Pension Service, the 4th and 5th are replaced by the following:
"4° to pay, when the conditions for payment of these benefits are met, the benefits referred to in 1°;
5° to pay annuities for compensation for damage caused by accidents at work, accidents on the way to work and occupational diseases with the Public Treasury; "
Art. 139. In section 9 of the Act, the 4th is replaced by the following:
"4° to pay, when the conditions for payment of these benefits are met, the benefits referred to in 1°. "
Art. 140. The King may, by order deliberately in the Council of Ministers, entrust the National Board of Pensions with the practical execution of the payment of the benefits referred to in sections 6, 4 and 5, and 9, 4°, of the Act of 12 January 2006 establishing the "Service des pensions du Secteur public". It sets out the conditions to be met for this purpose and the terms and conditions under which it is found to be met.
Art. 141. The King may adapt the existing legal provisions to bring them into line with the principles contained in this section and entrust certain responsibilities currently provided by the SPF Finance Treasury Administration's Central Expense Service to the Public Sector Pension Service or the National Pension Office.
Art. 142. This section comes into force on a date fixed by the King, by order deliberately in Council of Ministers.
Section 2. - Dependant pension of the parastatal pool
Art. 143. Section 12 of the Act of 28 April 1958 on the pension of staff members of certain public bodies and their entitled persons, as amended by the Acts of 29 December 1990, 21 May 1991, 22 February 1998, 24 December 1999 and 12 January 2006, is supplemented by a paragraph 6, which reads as follows:
“§ 6. Payment of all contributions referred to in § 2 may, within the framework of a pension insurance contract and by decision of the agency designated under Article 1^er, to be entrusted to an institution of foresight. The Public Sector Pension Service is responsible for the obligations inherent in this payment.
The agency's decision to entrust the payment of contributions to a planning institution or to no longer entrust it to a planning institution, must be served on the Public Sector Pension Service by registered letter to the position no later than 30 September of the current year and effected on 1 September^er January of the following calendar year. »
Art. 144. This section produces its effects on 1^er January 2009.
Section 3. - Substantive budget
Art. 145. § 1^er. The Organic Budget Fund "Survival Pension Fund" is abolished.
§ 2. In the table annexed to the Act of 27 December 1990 establishing budgetary funds, section 21-1 is repealed.
Art. 146. § 1^er. The Organic Budget Fund "Pensions of staff of public interest organizations" is abolished.
§ 2. In the table annexed to the Act of 27 December 1990 establishing budgetary funds, section 21-2 is repealed.
Art. 147. § 1^er. The Organic Budget Fund " Pension Plan Balance Fund" is deleted.
§ 2. In the table annexed to the Act of 27 December 1990 establishing budgetary funds, section 21-3 is repealed.
§ 3. Section 22 of the Program Act of 30 December 2001 is repealed.
Art. 148. This section produces its effects on January 18, 2008.
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 28 April 2010.
ALBERT
By the King:
The Prime Minister,
Y. LETERME
The Minister of Social Affairs and Public Health, responsible for Social Integration,
Ms. L. ONKELINX
The Minister of Employment, responsible for the Migration and Asylum Policy,
Ms. J. MILQUET
Minister of Pensions,
Mr. DAERDEN
Minister of P.M.E. and Independents,
Mrs. S. LARUELLE
Minister of Climate and Energy,
P. MAGNETTE
The Minister of Public Service,
Ms. I. VERVOTTE
Minister for Enterprise,
VAN QUICKENBORNE
The Minister of the Interior,
Ms. A. TURTELBOOM
The Secretary of State for Mobility,
E. SCHOUPPE
The Secretary of State for Migration and Asylum Policy,
Mr. WATHELET
The Secretary of State for Social Integration,
Ph. COURARD
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
____
Note
(1) Documents of the House of Representatives:
52-2423/ (2009/2010):
001: Bill.
002 and 007: Amendments.
008 to 013: Reports.
014: Text adopted by the Commissions.
015: Amendments.
016: Text adopted in plenary and transmitted to the Senate.
Full report: 24 and 25 March 2010.
Documents of the Senate:
4-1721 - 2009/2010:
No. 1: Project not referred to by the Senate.