belgiquelex.be - Carrefour Bank of Legislation

30 DECEMBER 2009. - 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 - Of the body loads
Regulation (EC) 1371/2007
Section 1^re - Designation of the regulatory authority
Art. 2. The King designates the body 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 King shall determine the procedural rules necessary for the application of Article 30, § 2, of the Regulations.
Section 2 - Monitoring and control
Art. 3. The King designates officials and officials of the authority who are responsible for investigating and detecting offences against this regulation that may result in the infliction of administrative fines.
Qualified officers note these offences by minutes of evidence to the contrary.
Art. 4. The administrative fine is proportionate to the gravity of the facts that motivate it, and depending on the eventual recidivism.
A single administrative fine, commensurate with the seriousness of all the facts, is the finding of several contraventions in accordance with the provisions of Regulation (EC) No. 1371/2007.
The King determines, by order deliberately in the Council of Ministers, the administrative fines applicable in the event of a breach of the regulation in a range of 250 to 10,000 euros.
Any order made pursuant to the previous paragraph that is not confirmed by law within 12 months of its entry into force is expected to have never produced its effects.
Art. 5. The body designated under section 2 shall notify the person concerned, no later than one year from the day the act was committed, by a registered letter accompanied by a copy of the record referred to in section 3:
1° the facts about which the administrative fine procedure is initiated;
2° the days and hours during which he has the right to consult his file;
3° that he has the right to be assisted by counsel;
4° it has a period of thirty days beginning to run on the third working day following the handover of the fold to the services of the post to send it a recommended letter containing its means of defence and, if so, asking to be heard.
When an application is filed in accordance with the 4th precedence, the organization shall have fifteen days, from the date of receipt of the application, to notify the person, by registered letter, of the date of the hearing. This date is between the fifteenth and thirtieth calendar day following the day this recommended letter is sent. These deadlines are limited to nullity of the entire administrative fine procedure.
Art. 6. § 1^er. As soon as the thirty-day period of Article 5, paragraph 1^er, 4°, and, where applicable, after the hearing of the person concerned, the body makes a decision on the facts subject to the proceedings. It notifies this decision to the interested person by registered letter.
The decision that imposes an administrative fine shall, in the event of a nullity, indicate its amount and the remedies available against the decision.
By the same decision as that by which it imposes the administrative fine, the agency may grant, in whole or in part, the stay of the execution of the payment of that fine.
The King determines the terms of the stay to execution.
The decision has enforceable force upon the expiration of a month period beginning on the third business day following the day on which the fold was handed over to the services of the position, unless the consignee proves otherwise.
Art. 7. No administrative fine may be imposed more than two years after the day the act was committed.
Art. 8. The King sets out procedures for the collection and recovery of administrative fines.
CHAPTER 2 - Air transport
Section 1^re - Amendment of the Law of 11 December 1998 on Classification and Enabling, Certification and Security Notices
Art. 9. Section 22quinquies of the Act of 11 December 1998 on classification and authorizations, certificates and security notices, is supplemented by a paragraph 4, which reads as follows:
“§4. By derogation from §§ 1^er and 2, the King shall designate the security authority authorized to conduct a security check referred to in section 22Sexies and to render a security notice in accordance with the terms and conditions that it determines, prior to the issuance of airport identification badges. »
Section 2 - Airport Identification Badges
Art. 10. In section 8 of the Act of 3 May 2005 amending the Act of 11 December 1998 on classification and security clearances, as amended by the Act of 22 December 2008, the number "2009" is replaced by the number "2010".
Section 3 - Amendments to the Act of 27 June 1937 revising the Act of 16 November 1919 relating to the regulation of air navigation
Art. 11. In Article 1^er the Act of 27 June 1937 revising the Act of 16 November 1919 relating to the regulation of air navigation, after the definition of Chief Inspector, the following definition is inserted:
"Deputy Chief Inspector of the Airport Inspection: holder of an Assistant Chief Inspector of the Airport Inspection granted by the King. »
Art. 12. In section 39 of the Act, recently amended by the Act of 30 December 2001, the following amendments are made:
1° to § 1, paragraph 1^er :
(a) at 2°, 3° and 4°, the words "of the Brussels-National airport" are replaced each time by the words "of the airport concerned";
(b) at 4°, the words "Aeronautics Administration" are replaced by the words "Air Transport Branch";
c) at 5°, the words "Brussels-National" are replaced by the word "affected";
2° § 1^erParagraph 2 is replaced as follows:
"The personnel in charge of the airport inspection of the operator of the Brussels-National airport are, with respect to the exercise of the skills referred to in this paragraph, always placed under the authority of the chief inspector and the deputy chief inspector of the airport inspection. They may not, in the exercise of these competencies, receive any directives from the airport operator. »;
3°, a new paragraph 2 is inserted as follows:
“§2. The King, by order deliberately in the Council of Ministers, under the conditions it determines, may assign the powers referred to in Article 38, § 1^er, and §§ 3 to 5, to personnel in charge of the airport inspection of the operators of the airports of Antwerp, Ostende-Bruges, Courtrai-Wevelgem, Charleroi-Gosselies and Liège-Bierset with respect to the substances referred to in § 1^erParagraph 1^er, 2°, 3°, 4° and 5°.
Staff in charge of the airport inspection of the operator of the airport concerned are, with respect to the exercise of the competencies referred to in paragraph 1^er, always under the authority of the Chief Inspector and the Deputy Chief Inspector of the airport inspection of the airport concerned. They may not, in the exercise of these competencies, receive any directive from the airport operator.
Article 39, § 1^er, paragraph 2, and article 39, § 1^er, last paragraph, shall apply to staff members referred to in paragraph 1^er.
4° in paragraph 2, which becomes new paragraph 3, the words "and § 2" are inserted between the words "at § 1^er and the word "exercise".
CHAPTER 3 - Ground transportation
Art. 13. Section 47 of the Act of 21 March 1991 on reform of certain economic public enterprises is supplemented as follows:
“§4. The King may award compensation for expenses related to the exercise of their mandate supported by members of the executive office of the competent advisory committee for the Belgian National Railways Corporation. The maximum overall amount of this compensation is twelve thousand five hundred euros (12.500,00 euros) per year, expressed in euros 2009 and indexed on the basis of the December health index of the preceding year. »
TITRE 3 - Energy
CHAPTER 1^er - Amendments to the Act of 29 April 1999 on the organization of the electricity market
Art. 14. In section 12news of the Act of 29 April 1999 on the organization of the electricity market, inserted by the law of 1^er June 2005, the following amendments are made:
1st paragraph 1^er is replaced by the following:
"On the Commission's proposal and without prejudice to the provisions of the Royal Decree of 19 December 2002 establishing a technical regulation for the management of the electricity transmission network and access to it, the King may set the methodology for the determination of depreciation and fair margin, respectively referred to in Article 12quater, § 1^er, applicable to extensions of facilities or new facilities for the transport of electricity recognized as national or European interest, for a specified number of regulatory periods, in order to allow the long-term development of such facilities. »;
2° in paragraph 2, as amended by the Act of 20 July 2006, the sentence "These rules are applied to the investments concerned, for the determination of the total income referred to in Article 12, § 2, and of the tariffs drawn up on that basis" is replaced by the phrase "The network manager introduced to the commission, for approval, in accordance with the procedure referred to in Article 12quinquies, 4°, a tariff proposal developed for the investments concerned on the basis of income^er. »
Art. 15. In section 27 of the Act, replaced by the Act of 16 March 2007, the following amendments are made:
1° in paragraph 8, the words "For the first year of operation 2007" are replaced by the words "For the first year of operation 2010";
2° the article is supplemented by a paragraph 16, which reads as follows:
“§ 16. By derogation from § 3, paragraph 5, § 6, paragraph 2, and § 7, and when only one of the two members of the mediation service is appointed, the latter is entitled to exercise the powers provided for in this article alone.
Paragraph 1^er is also applicable when one of the members of the mediation service is unable to perform its functions. »
CHAPTER 2 - Confirmation
of the Royal Decree of 21 October 2008
Art. 16. The Royal Decree of 21 October 2008 setting out the amounts for the financing of nuclear liabilities BP1 and BP2 for the period 2009-2013, pursuant to Article 4, § 2, of the Royal Decree of 24 March 2003, setting out the terms of the federal contribution for the financing of certain public service obligations and the costs related to the regulation and control of the electricity market, is confirmed with effect to 1^er January 2009.
PART 4 - Public Service
UNIC CHAPTER - Amendments to the Law of 3 July 1967 on the Prevention or Repair of Damage Caused by Occupational Accidents, Accidents on the Road and Occupational Diseases in the Public Sector
Art. 17. In Article 9, § 4, of the Law of 3 July 1967 on the Prevention or Repair of Damage resulting from Occupational Accidents, Accidents on the Road and Occupational Diseases in the Public Sector, replaced by the Law of 13 July 1973 and amended by the Law of 20 December 1995, the following amendments are made:
1° to paragraph 1^erthe words "before death" are repealed;
2° in paragraph 3, the words "Article 365" are replaced by the words "Article 353-15";
Paragraph 5 is replaced by the following:
"The provisions of this paragraph apply only to simple adoption. »
Art. 18. In section 10bis of the Act, inserted by the Act of 17 May 2007, paragraph 1^er is replaced by the following:
"In the event of the establishment of the filiation or granting of adoption after the death of the victim and if such filiation or adoption has an influence on the rights of the other entitled persons, the latter has effect for the application of sections 8 to 10 only from the day on which the decision cast in force of a finding that establishes filiation or grants adoption is notified to the authority responsible for annuities 16. »
PART 5 - Development cooperation
UNIC CHAPTER - Amendments to the Act of 21 December 1998 establishing "Belgian technical cooperation" in the form of a public law society
Art. 19. In Article 6, § 1^erParagraph 1^erthe following amendments are made to the Act of 21 December 1998 establishing the "Belgian Technical Cooperation" in the form of a public law society:
(a) the 3° is replaced by the following:
"3° the organization of training and awareness programs; »;
(b) the 4th, is supplemented by the words "or a partner country of the Belgian Cooperation; »;
(c) 5°, inserted by the law of 30 December 2001, is replaced by the following:
"5° the execution of programs to promote trade; »;
(d) the paragraph is supplemented by a 6°, which reads as follows:
"6° the execution of programmes aimed at the development of local civil society in partner countries; "
Art. 20. Section 9bis of the Act, inserted by the Act of 27 December 2005, is replaced by the following:
"Art. 9bis. A Junior Programme, referred to as "The Junior Programme for Cooperation in Belgian Development", can be carried out within Development Cooperation.
The CTB is responsible for the organization of the Junior Programme for Cooperation in Belgian Development, as well as the allocation of the staff involved in it. »
Art. 21. In section 9ter of the Act, inserted by the Act of 27 December 2005, the following amendments are made:
1° in paragraphs 1^er and 3, the words "voluntary service for development cooperation" are replaced by the words "June Programme for Belgian Development Cooperation";
2° in paragraph 2, paragraph 1^er, the words "voluntary service" are replaced by the words "Junior Program".
Art. 22. Article 35, § 1^er, paragraph 2, 5°, of the same law, inserted by the law of 27 December 2005, the words "voluntary service to development cooperation" are replaced by the words "June Programme of cooperation for Belgian development".
TITRE 6 - Asile and migration
UNIQUE CHAPTER - Delegation of competence
Art. 23. Article 57/9, paragraph 1^er, from the Act of 15 December 1980 on Access to Territory, Residence, Establishment and Displacement of Aliens, inserted by the Act of 14 July 1987 and amended by the Act of 15 September 2006, is replaced by the following:
"For the skills defined in Article 57/6, 1° to 7°, the decision is taken by the Commissioner General or his deputy acting by delegation under the authority and direction of the Commissioner General. In this case, the deputy sign with the "By delegation" formula. »
PART 7 - Independent
UNIC CHAPTER - Social Insurance Funds
Art. 24. to Article 20, § 4, of Royal Decree No. 38 of 27 July 1967 organizing the social status of independent workers, last amended by the law of 27 December 2004, are made the following amendments:
1st paragraph 1^er is completed in fine as follows:
"They correspond to the costs incurred by the caisse to carry out the legal tasks entrusted to it by this article and depend on the quality of the services offered by the caisse to its affiliates. The level of quality is determined according to the legal obligations of the caisses with respect to their affiliates and the state. »;
2° 5 sub-paragraphs, as follows, are inserted between paragraphs 5 and 6:
"In case of start of activity within the meaning of Article 13bis, § 1^er, the social insurance fund shall inform the subject in writing of the contribution referred to in paragraph 2 to which it is charged, the method of calculating the contribution and the services to which it is entitled. At the same time, the caisse will invite the subject to sign a form by which it will recognize that it has received this information.
Each year, in the first month of the first calendar quarter, the Social Insurance Fund shall make known to the insured by means of an explicit reference to the notice of maturity, both the amount of the contribution referred to in paragraph 2 to which it is liable for that quarter and the manner in which it is calculated and the services to which it is entitled.
Each year, in the first month of the second, third and fourth calendar quarters, the Social Insurance Fund shall notify the person subject to an explicit reference to the notice of termination of the amount of the contribution referred to in paragraph 2 to which it is liable for that quarter.
When the body fails to comply with the obligations mentioned in the preceding three paragraphs, it may be subject to the sanctions as determined in § 2ter.
The King determines how social insurance funds meet the obligations referred to in paragraphs 6 to 8. »
PART 8 - Social Affairs
CHAPTER 1^er - Amendment of the law of 1^er August 1985
of social provisions
Art. 25. Section 6 of the Act of 1^er August 1985, amending lastly by the programme law of 22 December 2008, is supplemented by the following paragraphs:
"The debts of the Employers' Office which, for the calculation of the remuneration of their workers and/or the introduction of their social security statements, use the Central Service of Fixed Expenditures, established by the Royal Decree of 13 March 1952 organizing the Central Service of Fixed Expenditures and amending the Royal Decree of 10 December 1868 concerning the General Regulation on State Accounting, are prescribed by 7 years.
The limitation of claims referred to in the preceding paragraphs is interrupted:
1° by a recommended letter addressed by the Agency to the employer or by a recommended letter addressed by the employer to the Agency;
2° by a summons in court;
3° in the manner provided by Article 2248 of the Civil Code.
The limitation period runs again from each interruption. »
Art. 26. This chapter produces its effects on 1^er January 2009.
CHAPTER 2 - Occupational diseases
Art. 27. Article 6, 7°, of the laws relating to the prevention of occupational diseases and the repair of damage resulting from them, coordinated on 3 June 1970, as amended by the law of 13 July 2006, is supplemented by a paragraph, which reads as follows:
"The costs of these investigations and examinations and the administrative costs associated with them are borne by the recipient in the manner to be determined by the King. »
CHAPTER 3 - Family allowances
Section 1 - Payment by Differential in Family Benefits Guaranteed
Art. 28. Article 2, paragraph 1^er, 2°, of the Act of 20 July 1971 establishing guaranteed family benefits, replaced by Royal Decree No. 242 of 31 December 1983, the terms "is not a beneficiary of family benefits under a Belgian, foreign or international regime or is a beneficiary under such a beneficiary regime, only because of an amount less than that which may be granted under this Act" are replaced by the terms "not
Art. 29. Article 2, paragraph 1^er, 2°, of the same Act, as it existed before being amended by this Act, remains applicable to applications filed before the date of coming into force of this Act.
Art. 30. Sections 28 and 29 come into force on 1^er January 2010.
Section 2 - Miscellaneous provisions
Art. 31. Article 56sexies, § 1^er, paragraph 2, of the co-ordinated laws of 19 December 1939 relating to family allowances for employed workers, inserted by the law of 24 December 2002 and amended by the law of 27 December 2004, is supplemented by a 5°, as follows:
"5° that requires family allowances for a child:
(a) a national of a State to which Regulation (EEC) No. 1408/71 of 14 June 1971 of the Council of the European Communities relating to the application of social security schemes to employed workers, non-workers, as well as to members of their families, who move within the Community, or, if not, a national of a State that has ratified the European Social Charter or the European Social Charter (Revised);
(b) or a stateless person or refugee within the meaning of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens. »
Art. 32. In Article 64, § 2, A, paragraph 1^er, 2°, of the same laws, replaced by Royal Decree No. 122 of 30 December 1982 and amended by the Act of 22 December 2008, (a) is replaced by the following:
"(a) in the head of the father, mother, father-in-law, mother-in-law. In the event of a child's full adoption by persons of the same sex or in the event of a plenary adoption by a person of the child or the adoptive child of his or her spouse or cohabitant of the same sex, the right to family allowances is fixed by priority in the chief of the oldest of the parents in the first degree. »
Art. 33. Article 69, § 1^er, of the same laws, replaced by the Royal Decree of 21 April 1997 and amended by the Acts of 22 February 1998, 25 January 1999, 8 May 2001, 20 July 2006 and 22 December 2008, the following amendments are made:
1st paragraph 1^er is replaced by the following:
"Family and birth allowances are paid to the mother. In the event of a child's full adoption by two persons of the same sex or in the event of a full adoption by a person of the child or adoptive child of his or her spouse or cohabitant of the same sex, the family allowances are paid to the oldest of the parents in the first degree. »;
2° Paragraph 2 is replaced by the following:
"If the person to whom the family allowances are paid under paragraph 1^er does not actually raise the child, family allowances are paid to the natural or legal person who performs this role. »;
3° in paragraph 3, the words "of different sex" are inserted between the words "two parents" and the words "who do not live";
4° a paragraph is inserted between paragraphs 3 and 4:
"When the two same-sex parents who do not cohabit jointly exercise parental authority within the meaning of section 374 of the Civil Code and the child is not raised exclusively or principally by another allocator, the family allowances are paid in full to the oldest of the parents in the first degree. However, family allowances are paid in full to the other parent, as of the date of the application, if the child and himself have, on that date, the same principal residence within the meaning of section 3, paragraph 1^er, 5°, of the Act of 8 August 1983 organizing a National Register of Physical Persons. »;
5° in former paragraph 4, becoming paragraph 5, the words "paragraph 3" are replaced by the words "paragraphs 3 and 4";
6° in former paragraph 5, becoming paragraph 6, the words "paragraph 3" are replaced by the words "paragraphs 3 and 4".
Art. 34. Article 1^er, paragraph 7, of the Act of 20 July 1971 establishing guaranteed family benefits, as amended by the Acts of 29 April 1996 and 24 December 2002, is supplemented by a 5°, which reads as follows:
"5° the person who requests family benefits guaranteed to a child:
(a) a national of a State to which Regulation (EEC) No. 1408/71 of 14 June 1971 of the Council of the European Communities relating to the application of social security schemes to employed workers, non-workers, as well as to members of their families, who move within the Community, or, if not, a national of a State that has ratified the European Social Charter or the European Social Charter (Revised);
(b) or a stateless person or refugee within the meaning of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens. »
Art. 35. to section 2 of the Act, replaced by Royal Decree No. 242 of 31 December 1983 and amended by the Acts of 29 December 1990, 25 January 1999, 24 December 1999, 27 December 2005 and 28 December 2008, the following amendments are made:
1° in paragraph 1^er1° is replaced by the following:
"1° that actually resides in Belgium:
(a) and, provided that the applicant does not have a relationship with the applicant until the third degree, nor is the child of the spouse or ex-spouse of the applicant or of the person with whom the applicant declares to form a de facto household, the conditions set out in section 51, § 3, paragraph 2, of the coordinated laws relating to family allowances for employed workers, being satisfied, or is not covered by section 1^er, paragraph 7, 5°, (a) or (b), actually resided in Belgium, in an uninterrupted manner, for at least the last five years preceding the introduction of the application;
(b) and, if foreign, has been allowed to stay in Belgium or to settle therein in accordance with the provisions of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens; »;
2° in paragraph 2, the words "in article 1^er, paragraph 5" are replaced by the words "in section 1^erParagraph 6."
Art. 36. In section 6, a single paragraph, of the Act, as amended by the Act of 22 December 2008, the words "paragraphs 3 to 5" are replaced by the words "paragraphs 3 to 6".
Art. 37. Articles 31, 34 and 35, 1°, produce their effects on 1^er March 2009.
Articles 32, 33 and 36 come into force on 1^er the day of the quarter following that of their publication in the Belgian Monitor.
Article 35, 2°, produced its effects on June 11, 2007.
CHAPTER 4 - National Disability Insurance Institute
Section 1^re - Long-term sick catch bonus
Art. 38. Section 98 of the Compulsory Health Care and Compensation Insurance Act, coordinated on July 14, 1994, replaced by Act of December 27, 2004, is supplemented by the following paragraph:
"Revalorization can also be granted as a catch-up bonus. The King determines, by a deliberate decree in the Council of Ministers, the amount of this premium, as well as the categories of invalids that can benefit from it according to the date of the start of the incapacity of work. »
Art. 39. This section comes into force on 1^er May 2010.
Section 2 - Separation of pregnant women
Art. 40. Section 30 of the Economic Recovery Act of 27 March 2009 is replaced by the following:
"Art. 30. When a risk was found under section 41 of the Labour Act of 16 March 1971, and the employer took one of the measures referred to in section 42, § 1^er, in the same Act, an intervention by the National Institute of Disability Insurance is planned:
1° for the pregnant worker who agrees to be assigned to another work adapted with loss of pay and for the pregnant worker who carries out several employee activities and whose suspension of the performance of the employment contract or work dispensation is only one or more but not all of these activities;
2° for the pregnant worker whose performance of the employment contract is suspended.
The pregnant worker referred to in paragraph 1^er, 1°, which agrees to be assigned to another suitable work with loss of wage, is entitled to a maternity allowance whose amount is determined in accordance with the provisions of Article 219ter, § 1^erof the Royal Decree of 3 July 1996 implementing the Compulsory Health Care and Compensation Insurance Act, coordinated on 14 July 1994.
The pregnant worker referred to in paragraph 1^er, 1°, which carries out several employee activities and whose suspension of the performance of the employment contract or the work dispensation is only one or more but not all of these activities is entitled to a maternity allowance whose amount is determined in accordance with the provisions of Article 219ter, § 2, of the royal decree of 3 July 1996 referred to above.
The provisions of § 3 and § 5 of Article 219ter referred to above are also applicable in the situations referred to in paragraphs 2 and 3.
The pregnant worker referred to in paragraph 1^er, 2°, is entitled to a daily allowance equal to 78.237 p.c. of the average daily remuneration, determined in accordance with the provisions of the Royal Decree of 10 June 2001, establishing the uniform notion of "average daily remuneration", and concording certain legal provisions, pursuant to article 39 of the Act of 26 July 1996 on the Modernization of Social Security and ensuring the viability of the legal pension regimes and harmonizing certain legal provisions. This allowance is allocated until the sixth week before the alleged date of delivery or the eighth week, when multiple births are scheduled. »
Art. 41. This section comes into force on 1^er January 2010 and applies to cases of work separation that occur from that date.
CHAPTER 5 - Alternative financing
Section 1^re - Complementary withdrawal on the receipts of the Professional Account for the years 2009, 2010 and 2011 - Allocation to the National Social Security Office-Global Management
Art. 42. In Article 66, § 1^er, paragraph 2, of the Program Law of January 2, 2001, as amended by the Acts of December 30, 2001 and June 17, 2009, the last sentence beginning with the words "In the event of the insufficiency of the product of the VAT" and ending with the words "of the insufficiency experienced. » is replaced by the following sentence:
"In the event of insufficient T.V.A.'s product to make payments of amounts due under:
1° the decision of the Council of 29 September 2000 on the system of the own resources of the European Communities (2000/597/EC, Euratom);
2° Article 43 of the Programme Law of 11 July 2005;
3° Article 36, 1°, of the special law of 16 January 1989 concerning the financing of the Communities and Regions;
4° of articles 66, § 1^er§ 2, § 3bis, § 3sexies, 4th paragraph, § 11, § 13, and 67bis, of this Law;
5° Article 116 of the Program Law of 27 December 2006;
6° of Articles 190 and 191 of the Programme Law of 24 December 2002;
7° Article 21ter of the Act of 29 April 1999 on the organization of the electricity market;
8° of Articles 57 to 59 of the Programme Law of 22 December 2008,
a supplementary amount may be deducted, for the years 2009, 2010 and 2011 from the receipts of the pre-payment without the deduction being greater than the amount of the insufficiency found in the revenues of T.V.A."
Art. 43. This section produces its effects on 1^er January 2009.
Section 2 - Disability Fund
Art. 44. In section 66 of the Program Act of 2 January 2001, the following amendments are made:
1° in paragraph 1^er, paragraph 12, last amended by the Act of July 3, 2005, the words "for the purpose of financing the fund to promote access to work of persons with disabilities" are replaced by the words "for the purpose of promoting the financing of activation of job seekers with a reduced working capacity. »;
2° in paragraph 2, 13°, inserted by the law of July 3, 2005, the words "to the National Social Security Office" are replaced by "to the ONS-Global Management".
Art. 45. This section produces its effects on April 17, 2009.
CHAPTER 6 - Working Relationship Settlement Commission
Art. 46. In the Dutch text of Article 338, § 2, paragraph 1^er, from the Programme Law (I) of December 27, 2006, the words "inwerkingtreding van deze wet" are replaced by the words "inwerkingtreding vanaf van dit artikel".
Art. 47. In section 343 of the Act, the words "and no later than 1^er January 2009" are replaced by the words "and no later than 1^er January 2010".
Art. 48. This chapter produces its effects on 1^er January 2009.
CHAPTER 7 - Social Employer Secretariats, Service Providers, Historical Mandate and Quality Barometer
Art. 49. In the Act of 29 June 1981 establishing the general principles of social security for wage workers, an article 31ter is inserted, as follows:
"Art. 31ter. § 1^er. Employers have the option of appointing an agent in their social administration.
§ 2. There are two types of agents:
1° Social service providers are agents who, on behalf of and on behalf of employers, fulfil in direct contact with social security institutions, planned social security procedures to which employers are required with respect to these institutions.
Within the limits of the employer's mandate, they are responsible for supporting employers in their relations with institutions as defined in section 2, paragraph 1^er, 2°, of the Act of 15 January 1990 on the institution and organization of a Crossroads Social Security Bank, and to inform them in this context;
2° the registered social secretariats, as referred to in Article 27 of the Law of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers.
§ 3. To complete the social security formalities for its affiliated employers, the agent receives access to the electronic social security network, provided that:
1° it is appropriately identified with the services of the National Social Security Office or with the services of the National Social Security Office of provincial and local governments;
2° conforms to the instructions of the authorities concerned;
3° at the request of the competent authorities, it shall provide all information or transmit any document for the monitoring of the application of social laws, in accordance with the Labour Inspection Act of 16 November 1972, provided that such information or documents are necessary for the execution of the duties of the agent;
4° it informs the National Social Security Office or the National Social Security Office of the provincial and local governments, and the Social Inspection of the Federal Public Service Social Security, within 15 days of the event, of the denunciation or deletion of an employer. »
Art. 50. In the same Act, an article 31quater is inserted, which reads as follows:
"Art. 31quater. § 1^er. Between the employer and its agent, a written contract is concluded that determines, inter alia, the purpose of the mandate, while respecting the conditions set out below.
The mandate may apply to all or part of social security obligations.
The King may set social security obligations for which only one agent must be competent.
§ 2. Prior to the commission, the mandate is notified to the National Social Security Office or the National Social Security Office of the provincial and local governments through the issuance of a power of attorney.
The agent designated by the employer is the first point of contact for social security institutions in their relations with the employer.
§ 3. A term of office can only be transferred to a new agent during the transition to a new quarter.
The King sets out the modalities to be taken into consideration when transferring the mandate from one agent to another.
§ 4. Without prejudice to § 5, the new agent takes over from his predecessor the management of electronic applications made available by social security institutions in order to fulfil the legal obligations of social security law and is thus also responsible for the management of the past, present and future. Upon the resumption of the mandate, the new agent is the first point of contact for social security institutions in their relations with the employer.
The former agent is subject to an obligation of information with respect to the new agent in respect of the quarters for which the former agent has made statements or completed formalities, and this throughout the period during which the quarters to which the information relates are not yet prescribed.
In the event of an interruption or suspension of the prescription, the obligation of information remains intact.
The obligation of information implies that the former agent is required to provide the new agent upon request with all available information, necessary for technical transactions, covering quarters that have identified management.
§ 5. A contract between the employer and the new agent must be clearly defined to the extent to which the previous agent retains the mandate to carry out technical transactions related to the quarters and to the obligations relating to the law of social security that have raised its mandate. »
Art. 51. Section 27 of the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers is replaced by the following:
“Art. 27. § 1^er. The registered social secretariats are social service providers, as referred to in Article 31ter, § 2, 1°, of the Act of 29 June 1981 establishing the general principles of social security of employed workers and which, by virtue of an approval, receive the social contributions of their affiliated employers for payment to the institutions responsible for the collection of social security contributions.
§ 2. The King sets out the conditions under which the Minister who has the Social Affairs in his or her powers may approve social secretariats of employers to perform as agents of their affiliates the formalities prescribed by this Act. It determines their rights and obligations.
The King may, by a deliberate order in the Council of Ministers, grant to the categories of employers that He determines a financial intervention in the fees of a registered social secretariat, of which He sets the amount, conditions and specific rules of granting.
The corporate reviewers of the social secretariats shall report in writing to the Minister who has the Social Affairs in his or her duties and to the National Social Security Office who has been endeavored within sixty days of the statutory approval of the annual report, on the fulfilment of their mission and in particular regarding the accounting plan established by the King.
The use of the name "social secretariat" is exclusively reserved for agents who, in accordance with the provisions laid down by the King, are approved as a social secretariat.
Accreditation confers on the social secretariat the exclusive right to receive contributions from affiliated employers, in a scriptural manner, and to pay them to the National Social Security Office.
In the absence of this specific aggregation, it is prohibited for a social service provider, as referred to in article 31ter, § 2, 1°, of the aforementioned law of 29 June 1981 to make the collection of contributions.
§ 3. Accreditation as a social secretariat may be withdrawn by the Minister who has the Social Affairs in his or her responsibilities, on the basis of a joint report of the Social Inspectorate of the Federal Public Service Social Security and the Inspectorate of the National Social Security Office and after the advice of the Management Committee of the aforementioned Office that hears the officials of the social secretariat. They may also submit their means in writing.
The withdrawal decision may, inter alia, be based on the following:
1° the fact that the social secretariat knowingly violates social legislation or helps to break it;
2° the finding that the number of affiliated employers or workers they occupy during an uninterrupted period of four quarters is less than the minimum fixed by the King under the conditions of aggregation;
3° a manifest and persistent lack of quality that appears from the results of the quality barometer, as referred to in article 27bis.
The inspection report referred to in the first paragraph includes, among other things, a reasoned opinion of the services mentioned regarding the withdrawal of the approval. »
Art. 52. In the same law, an article 27bis is inserted, as follows:
"Art. 27bis. The King may, on the advice of the Administrative Committee of the above-mentioned Office, develop, by a deliberate decree in the Council of Ministers, a quality barometer for the approved social secretariats. It is an instrument designed to improve the quality of data processing and the exchange of data with social security institutions, necessary for the proper management of social security, and must enable accredited social secretariats to have a tool to enable them to objectively evaluate their performance in the various areas that are the subject of partial controls that compose the barometer and help them to improve them as much as necessary.
In order to object to the correct functioning of registered social secretariats, the barometer consists of the following types of partial controls:
- silent controls
- technical controls
- financial controls
- controls by the priority anomaly system in the DmfA
- controls by the system of non-priority abnormalities present in the DmfA
- cross-checks.
The King may, by a deliberate decree in the Council of Ministers, determine the concrete content of partial controls. The technical development of controls is defined by the competent institutions for the collection of contributions.
The King defines, by a deliberate decree in the Council of Ministers, a procedure whereby the results are communicated to the social secretariat and to the management committee of the above-mentioned Office and determines the actions to be given therein.
The King may, by a deliberate decree in the Council of Ministers, also fully or partially apply the barometer to social service providers, as referred to in article 31ter, § 2, 1°, of the aforementioned law of 29 June 1981, with the exception of partial control 3° financial controls. »
Art. 53. Article 35, § 1^erParagraph 2 of the Act is supplemented as follows:
", or who, without being approved as a social secretariat, receives social contributions from employers or as a social secretariat, receives employer contributions other than scriptural. »
Art. 54. In section 3 of the Law on Modernization of Social Security Management and on Electronic Communication between Companies and the Federal Authority, as amended by the Act of 22 December 2003, a new paragraph 2ter is inserted, as follows:
§ 2ter. The Banque-Carrefour de la sécurité sociale coordinates the development by one or more social security institutions of an integrated system for the management of users and access authorizations, electronic identification and authentication of the identity of users and the management and verification of the relevant qualities and mandates of users, which must be used by companies, their employees or agents for access to the social information system. »
Art. 55. This chapter comes into force on 1^er January 2010, with the exception of section 52, which will come into force on a date determined by the King, by a deliberate order in the Council of Ministers, and after the advice of the National Labour Council.
CHAPTER 8 - Prescription ONSS
Art. 56. In section 42, paragraph 6, of the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers, as amended by the laws of 25 January 1999, 27 December 2005 and 22 December 2008, the provision in 2° is replaced as follows:
"2° by a recommended letter from the National Social Security Office to the employer or persons referred to in section 30bis and by a recommended letter from the employer or persons referred to in section 30bis to the Agency referred to above; "
CHAPTER 9 - Special contribution to social security
Art. 57. In Article 107, 2°, of the Act of 30 March 1994 on social provisions, last amended by the law of 27 December 2005, the words "in France to which articles 11, § 2, c, and 18 apply, of the preventive convention of double taxation concluded with France on 10 March 1964 and which are subject in France to social legislation similar to that referred to in Article 106, § 1^er are replaced by the words "in France and the Netherlands to which articles 11, § 2, c, and 18, paragraph 1 apply, respectively.^er(b) preventive conventions of double taxation with these countries, which are subject to social legislation similar to that referred to in Article 106, § 1^er "
Art. 58. § 1^er. Section 57 produces its effects from the 2005 taxation year.
§ 2. The deduction of taxation in taxation years beginning in 2005 that have been established in contradiction with section 57 is granted as a result of a claim filed within six months from the date of publication of this Act to the Director of Direct Contributions in the jurisdiction of which the taxation was established.
CHAPTER 10 - Provisions Amending Chapter VI of Part XI of the Act of 27 December 2006 on various provisions (I) relating to social security contributions and deductions, due to pre-expenditures, additional benefits to certain social security allowances and disability benefits
Art. 59. In section 114 of the Act of 27 December 2006 on various provisions (I), paragraph 4 is replaced by the following:
"For the application of 2°, 3° and 5°, however, is not considered to be a supplementary allowance to certain social security allowances, the allowance which is considered to be compensation under section 2 of the Act of 12 April 1965 concerning the protection of the remuneration of workers and its enforcement orders. »
Art. 60. In section 116 of the Act, the following amendments are made:
1° in the first sentence, the words "to this one" are replaced by "a social allowance";
2° in the 1°, the words "Article 114, 1°, 2°, 3° and 5°" are replaced by the words "Article 114, 2°, 3° and 5°";
3° 7° and 8° are repealed.
Art. 61. In Article 118, § 3, of the same Law, the words "social workshops, referred to in the Flemish Community Decree of 14 July 1998 on social workshops or by" are inserted between the words "occupied by" and the words "employers" and the words "in Article 1^er, 1°, of the Royal Decree of July 18, 2002" are replaced by the words "in article 1^er1° and 2°, of the Royal Decree of 18 July 2002".
Art. 62. In Article 121 of the same Law, the words "and Article 3, § 1^erParagraph 1^er, from the Royal Decree of 3 May 2007 establishing the conventional prepension within the framework of the Covenant of Solidarity between Generations, are inserted between the words "with various provisions" and the words "the debtors referred to".
Art. 63. Section 123 of the Act is replaced by the following:
"Art. 123. The King shall determine, by order deliberately in the Council of Ministers, the modalities for the calculation, declaration and payment of special employers' contributions referred to in Articles 117 and 119, as well as the compensatory contribution referred to in Article 121 when this supplementary allowance is paid by several debtors. »
Art. 64. In section 124 of the Act, the following amendments are made:
1° paragraph 1^er is completed by the words "and set the calculation rules in case of incomplete months. »;
Paragraph 2 is replaced by the following:
“§2. The King may, by order deliberately in the Council of Ministers, impose administrative sanctions in cases where the debtor has subtracted from his reporting obligation or has only partially met it. The maximum penalty is set at 250 euros. »;
3° in paragraph 4, the words "at Articles 117 and 119" are replaced by the words "at Articles 117, 119 and 121";
4° paragraph 5 is supplemented by the 8° and 9°, as follows:
"8° the fact that a worker who benefits from a supplementary allowance as defined in section 114, 3°, (b), is exempted by the employer from the performance of the work benefits at the normal half-time;
9° that the worker who benefits from a supplementary allowance as defined in section 114, 3°, (b), is replaced. »
Art. 65. the following amendments are made to section 125 of the Act:
Paragraph 1 is replaced by the following:
« § 1^er. Notwithstanding section 123, the debtors referred to in section 116, 1° to 3°, report on a quarterly basis both the special employers' contributions referred to in sections 117 and 119, and the special countervailing employers' contribution referred to in section 121 and to the Institute for the Collection of Social Security Contributions. »;
2° Article 125 is supplemented by a paragraph 3, which reads as follows:
“§3. The King may establish special terms and conditions for reporting and payment of contributions where the supplementary allowance is not paid monthly until the month in which the beneficiary reaches the age of the legal pension. Once determined and paid, the amount of contributions is unrevisable. »
Art. 66. Section 126 of the Act is replaced by the following:
"Art. 126. § 1^er. On the supplementary allowance:
1° to article 114, 2°;
2° to article 114, 3°,
a social security deduction of 6.5% of the total social allowance and the supplementary dependant allowance of the beneficiary of the supplementary allowance is introduced.
On the supplementary allowance referred to in section 114, 5°, a social security deduction is introduced corresponding to 4.5% of the total social allowance and the additional dependant allowance of the beneficiary of the supplementary allowance.
A social security deduction of 4.5 per cent of the total social allowance and the supplementary allowance referred to in section 114, 2°, shall be provided to the beneficiary of the supplementary allowance for expenses incurred after 30 April 1994 and before 1^er January 1997 as well as the costs that took place after 31 December 1996 when workers were informed of their dismissal before 1 December 1996^er November 1996 or when workers were informed of their termination after October 31, 1996, but were terminated pursuant to section III of the Royal Decree of December 7, 1992 on the granting of unemployment benefits in the event of conventional prepension, provided that recognition as a company in difficulty or restructuring was issued before 1^er November 1996.
§ 2. The King may, by order deliberately in the Council of Ministers, provide for administrative sanctions in cases where the debtor has subtracted from his reporting obligation or has only partially met it. The maximum penalty is set at 250 euros.
§ 3. The debtor of the supplementary compensation referred to in Article 116, 1° to 4°, is considered to be debtor of the deduction referred to in § 1^er. The debtor is civilly responsible for this deduction, as well as for its declaration and payment.
In the event of overpayment of the deductions, the deduction is refunded to the dependants of the additional dependant allowance for the dependants to return the deduction to the beneficiary of the supplementary allowance.
§ 4. The King shall determine, by order deliberately in the Council of Ministers, the payment of the deduction referred to in § 1^er where the supplementary allowance is paid by several debtors. »
Art. 67. In section 127 of the Act, the following amendments are made:
(a) the first paragraph shall be replaced by the following:
« § 1^er. Deductions referred to in Article 126, § 1^er, are calculated on the sum of the social allowance and the supplementary allowance.
For the purposes of the preceding paragraph, consideration shall be given to the theoretical monthly amount of the social allowance and the gross monthly amount of the supplementary allowance. »;
(b) Paragraph 2 is replaced by the following:
Ҥ2. The theoretical monthly amount of the social allowance is set as follows:
1° for social allowances referred to in Article 114, 2°, 3°, (a) and 5°, if it is a complete unemployed person referred to in Article 100 of the aforementioned Royal Decree of 25 November 1991, or a half-time prepension, the daily amount of the unemployment allowance multiplied by 26;
2° for social allowances referred to in Article 114, 2° and 3°, (a), if it is a complete unemployed person referred to in Article 103 of the aforementioned Royal Decree of 25 November 1991, the amount of a half-unemployment allowance multiplied first by the number of half-allocations per week fixed under Article 103 and then by 4.33. The decimal fraction of the result obtained is rounded either to the upper unit or to the lower unit according to whether or not it reaches 0.50;
3° for social allowances referred to in Article 114, 3°, b), the monthly amount of interruption allowances. »;
(c) Paragraph 4 is replaced by the following:
“§4. For the deduction referred to in section 126, § 1^erwhere the additional allowance referred to in section 114, 2 and 114, 3°, (a), the gross monthly amount of the supplementary allowance shall be as follows:
1° if the supplementary allowance is paid monthly or more frequently, from the first month for which the supplementary allowance is awarded up to the month in which the individual is equal to the age of the legal pension, the monthly gross amount is equal to the gross amount of the monthly allowance;
2° if the supplementary allowance is paid in a different period than the one referred to in 1°, the monthly gross amount is equal to the total amount that is due for the total period to which that amount(s) has(are) treated, divided by the number of months, counted from the first month for which the supplementary allowance is awarded up to the month in which the individual beneficiary reaches the age of the pension.
For additional benefits, the first award of which is prior to the entry into force of heading 8, chapter 10, of the Act of 30 December 2009 on various provisions and which are paid on a different periodicity than that set out in 1°, the monthly gross amount is equal to the balance of the remaining additional allowances payable divided by the number of months remaining to be covered. »;
(d) Paragraph 5 is replaced by the following:
“§ 5. For the deduction referred to in section 126, § 1^er, 2°, in respect of supplementary allowances referred to in section 114, 3°, b), the gross monthly amount of the supplementary allowance shall be determined as follows:
1° if the supplementary allowance is paid monthly or more frequently, the monthly gross amount is equal to the gross amount of the monthly allowance;
2° if the supplementary allowance is paid according to another periodicity as described in 1°, the monthly gross amount is equal to the total amount due for the total period to which that amount(s) has (are) treated, divided by the number of months included in the maximum period for which an application for interruption allowances referred to in section 114, 3°, b), has been filed with the National Employment Office. »;
(e) a paragraph 5/1 is inserted, as follows:
“§5/1. The King may establish special terms and conditions for declaration and payment of deductions when the supplementary allowance is paid in accordance with the terms of § 4, 2°, or § 5, 2°. Once determined and paid the amount of the deduction is unrevisable. »;
(f) Paragraph 6 is replaced by the following:
“§ 6. For the application of § 4, 2°, § 5, 2°, and § 5/1, it is taken into account the maximum theoretical amount to which the person entitled may claim. It is not taken into account the modification of this amount following the application of revalorization or indexing mechanisms. »;
(g) Paragraph 7 is repealed.
Art. 68. Article 128, § 1^er, the same law is supplemented as follows:
"This declaration must also be made if the calculated amount of the deduction is zero. »
Art. 69. the following amendments are made to section 130 of the Act:
Paragraph 2 is replaced by the following:
“§2. The deduction referred to in section 126 may not have as a consequence until after the application of the allowance, the amount of the social security allowance, increased by the overall sum of the supplementary allowances, is less than an amount of 938.50 euros per month for a beneficiary of the allowance and allowance, without a family charge, or to an amount of 1.130.44 euros per month for a beneficiary of the allowance and If necessary, the amount of the deduction is reduced until this condition is met. »;
Paragraph 5 is replaced by the following:
“§ 5. The amounts set out in §§ 2 and 3 evolve over time by automatic indexing and revalorization. Each time a new amount has to be fixed, the amounts referred to in §§ 2 and 3 shall be applied first of all the successive indexations that occurred over time, without intermediate boroughs. The result of this calculation is rounded arithmeticly to the nearest eurocent, 0.5 cent being rounded up. Then, all successive upgrades that occurred over time are applied to this rounded amount, also without intermediate boroughs. The amount thus obtained is rounded arithmeticly to the nearest eurocent, 0.5 cent being rounded up. This rounded amount is the new amount to be used. »
Art. 70. In section 132 of the Act, the words "times 1.010" are inserted between the words "times 1.012" and the words "the amount set".
Art. 71. the following amendments are made to section 133 of the Act:
Paragraph 3 is replaced by the following:
“§3. As part of the deduction referred to in Article 126, § 1^erParagraph 1^erwhere social benefits are unemployment benefits, the payment agencies of the daily amount of the unemployment benefit, which pay the beneficiary an unemployment benefit, referred to in article 114, 1° and 4° or in article 114, 3°, a), shall immediately communicate to the debtor of the deduction, referred to in article 126, § 3, the data necessary for the calculation of that deduction and in particular the amount of the unemployment allowance^er.
As part of the deduction referred to in Article 126, § 1^er, paragraph 2, where social benefits are unemployment benefits in the context of the half-time pension, the payment agencies of the daily amount of the unemployment benefit, which pay the beneficiary an unemployment benefit, referred to in Article 114, 5°, communicate to the debtor of the deduction, referred to in Article 126, § 3, the data necessary for the calculation of that deduction and in particular the daily amount of the unemployment allowance,^er.
2° in paragraph 4, the words " referred to in Article 126, § 2," are replaced by the words " referred to in Article 126, § 3",
Paragraph 5 is replaced by the following:
“§ 5. The King may complete the list of data referred to in §§ 3 and 4 and determine the modalities of data transfer. "
Art. 72. In Title 11, Chapter 6, of the Act, subsection 3.C. with sections 140 to 143 is repealed.
Art. 73. In Title 11, Chapter 6, of the Act, the title of subsection 3.D. is replaced by the following:
"Subsection 3.D. Provisions common to subsections 3.A and 3.B".
Art. 74. Section 144 of the Act is replaced as follows:
« § 1^er. The King may, by order deliberately in the Council of Ministers, amend the percentages referred to in Article 126, § 1^erand Article 134, § 1^er.
§ 2. The King may, by order deliberately in the Council of Ministers, amend the minima referred to in Article 130, §§ 1^er and 2.
§ 3. The King may, by a deliberate decree in the Council of Ministers, set the rules for calculating in incomplete months. »
Art. 75. In Title 11, Chapter 6, of the Act, a section 3/1, comprising sections 144/1 and 144/2, is inserted as follows:
Section 3/1. Information and data exchange.
Art. 144/1. § 1^er. As part of the deduction referred to in Article 126, § 1^er, the King determines the data that must be communicated to payment agencies and the National Employment Board by the employer, the debtor and the worker whose social benefits are likely to be subject to the deduction.
§ 2. As part of the deduction referred to in Article 126, § 1^er, the King determines the data that must be communicated or exchanged between payment agencies that pay the beneficiary an unemployment benefit, referred to in section 114, 1°, section 114, 3°, a), or section 114, 5°, and the National Employment Office.
§ 3. As part of the employer contributions referred to in Article 117 and Article 119 and the deduction referred to in Article 126, § 1^er, the institution responsible for the collection of social security contributions may question the National Social Insurance Institute for Independent Workers, whether there has been, in the head of the beneficiary of a supplementary allowance referred to in section 114, 2 or 114, 3°, (a), a principal occupation in an independent profession.
§ 4. The King shall determine the terms of the communications and data transmissions provided for in §§ 1^er, 2 and 3.
Art. 144/2. § 1^er. As part of the deduction referred to in Article 126, § 1^er, the beneficiary of the supplementary allowance referred to in Article 114, 2° and 3°, (a), shall communicate to the debtor of the latter the periods of resumption of work and the end of the work.
§ 2. By derogation from section 26 of the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers, where the employer was not notified of the termination of the work by his former worker, he may recover from the latter personal contributions if they have not been deducted. »
Art. 76. In Title 11, Chapter 6, of the same Act, a section 3/2, comprising section 144/3, is inserted as follows:
"Section 3/2. Transitional provision.
Art. 144/3. By derogation from sections 126 and 146 of the provisions set out in section 50 of the Act of 30 March 1994 relating to social provisions, remain applicable in respect of additional benefits paid prior to the entry into force of this chapter, for which the portion of the deduction that was due to the National Pension Board pursuant to section 1^er of Royal Decree No. 33 of 30 March 1982 on a Deduction on Disability Allowances and Prepensions, has already been paid entirely from this Institution and covers a period that extends beyond the date of entry into force of this chapter. »
Art. 77. In section 145 of the Act, the words "sections 126, 134 and 140" are replaced by the words "sections 126 and 134".
Art. 78. This chapter comes into force on 1^er April 2010.
TITRE 9 - Average Classes
UNIC Chapter - Amendments to the Law of 26 June 1963
creating an Architects' Order
Art. 79. Article 8, § 2, paragraph 2, of the Act of 26 June 1963 creating an Order of Architects, as amended by the Act of 21 November 2008, is supplemented by the following sentence:
"The declaration is renewed once a year if the provider intends to provide services in a temporary or occasional manner in Belgium during the year concerned. The provider may provide the declaration by any means. »
Art. 80. In Article 17, § 1^er of the Act, as amended last by the Act of 21 November 2008, the following amendments are made:
1° paragraph 2 is completed as follows:
"He acknowledges his receipt within 10 days. »;
2° in paragraph 3 the words "If applicable, the Commission shall inform the applicant of any missing document within that time limit. are inserted between the words "Article 8, § 2, first paragraph. and the words "In the cases".
Art. 81. In article 26, paragraph 4, of the same law, last amended by the law of November 21, 2008, the words "Article 17, § 1^erParagraph 3 is replaced by the words "Article 17, § 1^erParagraph 4."
Art. 82. Section 39 of the Act is supplemented by a paragraph, which reads as follows:
"The King may amend the rules of ethics and the rules of the internship that has been given compulsory force by decree deliberated in the Council of Ministers, in order to ensure the transfer in domestic law of the guidelines for the mutual recognition of diplomas and vocational training, including Directive 2005/36/EC of 7 September 2005 on the recognition of professional qualifications and guidelines for the free movement of goods and services, including Directive 2006/123/EC of the European Parliament »
PART 10 - Employment
CHAPTER 1^er - Amendment of the Act of 20 July 2001 to promote the development of local services and employment
Art. 83. In Article 10ter, § 2, 4°, of the Act of 20 July 2001 to promote the development of services and employment of proximity, inserted by the law of 17 June 2009, the words "of this Act" are replaced by the words "of the royal decree of 12 December 2001 concerning the title-services".
CHAPTER 2 - Amendment of the Act of 14 February 1961 on economic expansion, social progress and financial recovery
Art. 84. In section 18 of the Economic Development, Social Progress and Financial Recovery Act of 14 February 1961, paragraph 1^er is replaced by the following:
"In accordance with the regulations of the European Union, the King may submit the collective dismissal of workers to the notification before the public authorities it determines.
The King determines the terms and conditions for notification of collective dismissals to public authorities. »
Art. 85. The Royal Decree of 24 May 1976 on collective dismissals remains of application until the King exercises the powers as provided for in Article 18, paragraphs 1^er and 2, of the Act of 14 February 1961 on economic expansion, social progress and financial recovery.
CHAPTER 3 - Amendments to the Act of 30 June 1971 relating to administrative fines applicable in cases of violation of certain social laws
Art. 86. In Article 1^erbis, § 1^er, 14°, d, of the Act of June 30, 1971 on administrative fines applicable in the event of a breach of certain social laws, inserted by the law of June 17, 2009, the words "of this Act" are replaced by the words "of the Royal Decree of December 12, 2001 concerning title-services".
Art. 87. Section 13ter of the Act, introduced by the Act of 27 December 2005 and amended by the Act of 27 December 2006 and 22 December 2008, is replaced as follows:
"The competent administration and administration of the Cadaster, Recording and Domains shall, at the end of each quarter, pay 90% of the amount collected in administrative fines in favour of the SONS - Global management referred to in Article 5, paragraph 1^er, 2°, of the law of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers.
The balance is paid to the Treasury. »
Art. 88. This chapter comes into force on 1^er January 2010.
CHAPTER 4 - Amendment of the Act of 29 June 1981 establishing the general principles of social security for wage workers
Art. 89. Article 38, § 3, paragraph 1^er, 9° and 10°, and all the following paragraphs of § 3, of the Law of 29 June 1981 establishing the general principles of social security of employed workers, are replaced as follows:
"9° 1.60 p.c. of the amount of the worker's remuneration; This contribution is payable by each employer with respect to the workers for whom it is subject to the laws relating to the annual holidays of employees coordinated on June 28, 1971. Employers who were on average less than 10 workers during a reference period are exempted from this contribution.
This reference period and the calculation of the average of the employed workers during this reference period are to be determined by the King.
The contribution of 1.60 p.c. of the amount of workers' remuneration is also not payable by the Living Security Fund which, before September 30, 1983, paid compensation as a third party paid under section 43 of the Act of June 27, 1969 and did not benefit under section 35 of the Act of June 29, 1981.
The proceeds of the contribution of 1.60 p.c. are allocated to the financing of the Comprehensive Management Plans referred to in Article 21, § 2.
For the purposes of this sub-item, it shall be understood by workers, those who are bound by a contract of employment, as well as approved apprentices and workers subject exclusively to the health care sector. When determining the number of workers, it is also necessary to include those whose work is suspended for a legitimate cause in accordance with the provisions of Title I.^er, chapter III of the Act of 3 July 1978 on contracts of employment, with the exception of workers in complete interruption of the professional career.
10° 1,00 p.c. of the amount of the remuneration of the worker subject to the disability pension scheme for minor and assimilated workers. »
With the exception of 9°, the King shall determine for the application of paragraph 1^er, what is meant by "workers". »
CHAPTER 5 - Calculation of leave allowance in the event of reduction of work benefits following parental leave
Art. 90. In section 105 of the Recovery Act of January 22, 1985 containing social provisions, the following amendments are made:
1° in paragraph 1^er, as amended by the Acts of 26 March 1999 and 10 August 2001, paragraph 2 is supplemented by the following:
"During the exercise of this right to the reduction of work benefits, the worker is employed in a part-time work plan established in accordance with the provisions of Article 11bis of the Act of 3 July 1978 on employment contracts. »;
2° paragraph 3, repealed by the programme law of 30 December 2001, is reinstated in the following wording:
“§3. When the employment contract is terminated during a period of reduction of work benefit in the course of a parental leave under this section, "ongoing remuneration" is defined in section 39 of the Labour Contracts Act of July 3, 1978, the remuneration to which the worker would have been entitled under his employment contract if he had not reduced his benefits. »
CHAPTER 6 - Amendments to the Organic Law of May 29, 1952 of the National Labour Council, the Law of December 5, 1968 on collective labour agreements and parity commissions, the Law of September 20, 1948 on the organization of the economy, the Law of December 4, 2007 on the social elections of the year 2008 and the Law of August 4, 1996 on the welfare of the workers during the execution of their work and confirming the royal decree of April 7, 1995
Section 1^re - Amendments to the Organic Law of 29 May 1952
National Labour Council
Art. 91. Section 2 of the Act of 29 May 1952 of the National Labour Council, as amended by the Acts of 27 July 1979 and 21 December 1994, is replaced by the following provision:
“Art. 2. § 1^er. The National Labour Council is composed of a president and twenty-six effective members.
§ 2. The actual members are appointed by the King. They include equal representatives of the most representative organizations of employers and organizations most representative of workers.
§ 3. Members who represent the organizations of the most representative employers of the industry, services, agriculture, trade, crafts and non-market sectors are selected from a double list of candidates presented by these organizations, including a number of candidates representing small and medium-sized enterprises and family businesses.
The thirteen mandates for the most representative organizations of employers are divided as follows:
- eight mandates for the most representative organization of employers that is incorporated at the national level and that represents employers of the absolute majority of sectors of industry, trade and services, provided that the majority of workers are also represented;
- three terms on presentation of the Senior Council of Independents and Small and Medium-sized Enterprises;
- a mandate for the most representative organizations of employers representing the employers of agriculture;
- a mandate for the most representative organization of employers that is incorporated at the national level and represents employers in the non-marchand sector.
§ 4. Members representing the most representative organizations of workers are chosen from among the candidates on the basis of a double list of candidates presented by these organizations.
Organizations that meet all the following criteria are considered to be the most representative organizations of workers:
1° be nationally incorporated and have interprofessional functioning;
2° represent the absolute majority of sectors and categories of staff in the private sector and the public sector, provided that the majority of workers are also represented;
3° in the four-year period prior to the appointments under section 5, have an average of at least 125,000 contributors, including members of affiliated or associated organizations;
4° to defend the interests of the workers.
Thirteen mandates for the most representative organizations of workers are distributed among these organizations by a deliberate decree in the Council of Ministers.
§ 5. The King may modify the distribution of the mandates set out in § 3, paragraph 2, and § 4, paragraph 3, upon renewal by a royal decree deliberated in the Council of Ministers on the advice of the National Labour Council. The King can use this jurisdiction only when it is established in an irrefutable manner that the distribution of seats cannot, in a persistent and meaningful way, be justified on the basis of objective representation indicators. In the event of a unanimous opinion of the National Labour Council, the King can only derogate from it on a formal and special basis.
§ 6. The president is appointed by the King who sets his status. It is chosen among independent persons particularly competent in social and economic matters.
§ 7. He is appointed by the King as many alternate members as the Council includes effective members. Their presentation and designation are carried out in the same manner as the actual members.
§ 8. The Council elects four Vice-Presidents, in accordance with the rules of procedure for the election. "
Art. 92. Section 5bis of the Act, inserted by the Act of 5 December 1968, is supplemented by the following paragraph:
"By derogation from Article 24 of the Labour Collective Agreements and Joint Commissions Act of 5 December 1968, collective labour agreements may be concluded within the National Labour Council by organizations represented by at least 90% of the members representing employers and at least 90% of the members representing workers. »
Section 2 - Amendments to the Act of 5 December 1968 on collective labour agreements and joint commissions
Art. 93. In section 3 of the Act of 5 December 1968 on collective labour agreements and parity commissions, the following amendments are made:
1° in paragraph 1^er, 1°, the phrase "workers' organizations must also have at least 50,000 members" is repealed;
2° in paragraph 2, the words "to the Act of 6 March 1964 on the organization of middle classes" are replaced by the words "to the laws relating to the organization of middle classes, coordinated on 28 May 1979".
Art. 94. In section 12, paragraph 2, of the Act, the words "Senior Council of Average Classes" are replaced by the words "Superior Council of Independents and Small and Medium Enterprises".
Art. 95. Section 24 of the Act is replaced by the following provision:
"Without prejudice to what is determined in Article 5bis, paragraph 3, of the Act of 29 May 1952 organic of the National Labour Council, in a parity organ, the convention must be concluded by all organizations that are represented in the body. »
Section 3 - Amendments to the Act of 20 September 1948 concerning the organization of the economy
Art. 96. Section 2, paragraph 2, of the Act of 20 September 1948 on the organization of the economy, as amended by the Acts of 17 February 1971 and 26 March 1999, is replaced by the following provision:
"The effective members are appointed in equal numbers among the candidates nominated:
(a) on the one hand, by the most representative organizations of industry, services, agriculture, trade, crafts and the non-market sector, which establish double lists of candidates, a number of which represent small and medium-sized enterprises and family enterprises;
(b) on the other hand, by the most representative organisations of the workers, as referred to in article 2, § 4, paragraph 2, of the Act of 29 May 1952 organic of the National Labour Council, which establish for this purpose double lists of candidates of which a number representing the consumer cooperatives. »
Art. 97. Article 14, § 1^er, paragraph 2, 4°, (a), of the same law, is replaced by the following provision:
"(a) the inter-professional organizations of nationally incorporated workers represented at the Central Economics Council and the National Labour Council.
By derogation from Article 3, paragraph 2, of the Act of 20 September 1948 on the organization of the economy, the mandates of the members of the Central Council of the Economy, as assigned by the Royal Decree of 12 January 2007 appointing members of the Central Council of the Economy, shall end on the day of the entry into force of Title 10, Chapter 6, section 3, of the Act of 30 December 2009 on various provisions. »
Section 4 - Amendment of the Social Elections Act of 4 December 2007 of 2008
Art. 98. Article 4, 6°, (a), of the Law of 4 December 2007 on the Social Elections of the Year 2008, is replaced by the following provision:
"(a) the inter-professional organizations of nationally incorporated workers represented at the Central Economics Council and the National Labour Council; "
Section 5 - Amendments to the Act of 4 August 1996 on the welfare of workers during the performance of their work
Art. 99. In Article 3, § 2, of the Act of 4 August 1996 on the welfare of workers during the execution of their work, as amended by the laws of 13 February 1998 and 5 March 1999, the following amendments are made:
1st paragraph 1^er, 1°, is replaced by the following provision:
"1° the inter-professional organizations of workers and employers represented at the Central Economics Council and the National Labour Council; »
2° paragraphs 2 and 3 are repealed.
Art. 100. In section 44 of the Act, as amended by the Act of 13 February 1998, the following amendments are made:
1° in paragraph 2, 2°, the phrase "The number of them is fixed by the King" is repealed;
2° paragraph 4 is supplemented by the words "including their number of mandates. »;
Paragraph 5 is repealed.
Section 6 - Composition of the National Labour Council - Confirmation of the Royal Decree of 7 April 1995 setting out the modalities for the expansion of the composition of the National Labour Council to the most representative organizations of employers representing the non-market sector
Art. 101. The number of effective members of the National Labour Council is, until the enlargement of the composition of the National Labour Council to the most representative organizations of employers representing the non-marchand sector, maintained at twenty-four.
Art. 102. Members representing the most representative organizations of employers in the non-marchand sector are associated with the work of the National Labour Council. An equivalent number of associate members representing the most representative organizations of workers are associated with the work of the National Labour Council. The number of actual and associate members is not more than twenty-six.
The associate members are invited to the plenary meetings of the Council, as well as to the meetings of the committees established for the consideration of issues to be addressed by the Council.
The comments of the associate members are recorded in the minutes of the meetings, including the minutes in which it is taken note of the conclusion of collective labour agreements.
Their positions may, upon request, be repeated as an appendix to the notices.
Associate members are not considered to be actual or alternate members, as provided by the Act of 29 May 1952 of the National Labour Council. They are appointed on the proposal of the Minister of Employment and Labour.
Art. 103. Within two years of the coming into force of this chapter, the Office of the National Labour Council shall give the Minister of Employment and Labour a notice on the assessment of the representativeness of non-market employers' organizations, as well as on the contribution of their representatives to the work of the National Labour Council.
Art. 104. In the event of a positive assessment, members representing the most representative organizations of non-market employers may be appointed to the National Labour Council.
Section 7 - Abrogatory and final provisions and entry into force
Art. 105. The Royal Decree of 7 April 1995 setting out the modalities for expanding the composition of the National Labour Council to the most representative organizations of employers representing the non-market sector is repealed.
Art. 106. This chapter comes into force on the day after its publication in the Belgian Monitor, with the exception of section 6 which produces its effects on 17 May 1995 and ceases to be in force on the day of the publication of this Act to the Belgian Monitor.
CHAPTER 7 - Amendments to the Act of 10 May 2007 to combat certain forms of discrimination and certain provisions of the Criminal Code
Art. 107. In article 3 of the Act of 10 May 2007 to combat certain forms of discrimination, the words "union conviction" are inserted between the words "political conviction" and the words "language".
Art. 108. In article 4, 4, of the same law, the words "union conviction" are inserted between the words "political conviction" and the words "language".
Art. 109. In article 377bis of the Criminal Code, inserted by the law of February 25, 2003 and replaced by the law of May 10, 2007, the words "of his union conviction" are inserted between the words "of his political conviction" and the words "of a physical characteristic".
Art. 110. In section 405quater of the Criminal Code, inserted by the law of February 25, 2003 and replaced by the law of May 10, 2007, the words "of his trade union conviction" are inserted between the words "of his political conviction" and the words "of a physical characteristic".
Art. 111. In section 422quater of the Criminal Code, inserted by the law of February 25, 2003 and replaced by the law of May 10, 2007, the words "of his trade union conviction" are inserted between the words "of his political conviction" and the words "of a physical characteristic".
Art. 112. In article 438bis of the Criminal Code, inserted by the law of February 25, 2003, and replaced by the law of May 10, 2007, the words "of his trade union conviction" are inserted between the words "of his political conviction" and the words "of a physical characteristic".
Art. 113. In section 442ter of the Criminal Code, inserted by the law of February 25, 2003 and replaced by the law of May 10, 2007, the words "of his union conviction" are inserted between the words "of his political conviction" and the words "of a physical characteristic".
Art. 114. In section 453bis of the Criminal Code, inserted by the law of February 25, 2003, and replaced by the law of May 10, 2007, the words "of his trade union conviction" are inserted between the words "of his political conviction" and the words "of a physical characteristic".
Art. 115. In article 514bis of the Criminal Code, inserted by the law of February 25, 2003 and replaced by the law of May 10, 2007, the words "of his union conviction" are inserted between the words "of his political conviction" and the words "of a physical characteristic".
Art. 116. In section 525bis of the Criminal Code, inserted by the law of February 25, 2003 and replaced by the law of May 10, 2007, the words "of his trade union conviction" are inserted between the words "of his political conviction" and the words "of a physical characteristic".
Art. 117. In section 532bis of the Criminal Code, inserted by the law of February 25, 2003, and replaced by the law of May 10, 2007, the words "of his trade union conviction" are inserted between the words "of his political conviction" and the words "of a physical characteristic".
Art. 118. In article 534quater of the Criminal Code, inserted by the law of 10 May 2007, the words "of his trade union conviction" are inserted between the words "of his political conviction" and the words "of a physical characteristic".
Art. 119. This chapter comes into force on the day of the publication of this Act to the Belgian Monitor.
CHAPTER 8 - Amendments to the Act of 19 June 2009 on various employment provisions during the crisis
Art. 120. Section 19 of the Act of 19 June 2009 on various employment provisions during the crisis is repealed.
Art. 121. In the same law, after section 34, a title 5 entitled "General Provisions" is inserted.
Art. 122. In heading 5 of the same Act, inserted by section 121, an article 34/1 is inserted, as follows:
"Art. 34/1. The King shall, by a deliberate decree in the Council of Ministers, take all necessary measures to adapt the social security legislation to the benefit of the workers covered by this Act. »
Art. 123. Articles 120 to 122 produce their effects on June 25, 2009.
CHAPTER 9 - Creation, deletion, as well as modification of the name and skills of the holiday boxes
Art. 124. Article 44 of the laws relating to the annual holidays of employees, coordinated on 28 June 1971, is replaced by the following:
“Art. 44. The creation of a Special Holiday Fund for a branch of activity or a class of workers, its deletion, as well as the modification of the name and the modification of the skills of the latter, may be authorized by a Royal Decree taken as a result of a collective labour agreement, after the advice of the Management Committee of the National Annual Holiday Office. The purpose of these Special Funds is to pay to workers who report to them the holiday to which they can claim through them, in accordance with these coordinated laws or the decrees made under them. »
Art. 125. Paragraph 2 of section 46 of the same coordinated laws is replaced by the following:
"When the operation of a special holiday fund is likely to adversely affect the general interest or could prejudice the interests of the beneficiaries of the annual holiday legislation:
1° the Management Committee of the National Annual Holiday Board may temporarily place this special holiday fund under the provisional administration of the National Annual Holiday Board;
2° the King may, after the advice of the Management Committee of the National Office, order the fusion of this special holiday fund, either with other special holiday boxes or with the National Office. »
CHAPTER 10 - Maintenance of employment assistance in the event of restructuring or legal transformation of the employer
Art. 126. In heading 16, chapter 2, section 3, of the Act of 22 December 2008 on various provisions (I), an article 201/1, which reads as follows:
"Art. 201/1. This section comes into force on 1^er January 2009. »
CHAPTER 11 - Provisions applicable to certain workers in the health care sector
Art. 127. The provisions of this chapter shall apply:
(a) employers in health care, prophylaxis and hygiene facilities:
- establishments subject to the Hospitals Act;
- psychiatric care homes;
- shelter initiatives;
- homes for older persons;
- homes of rest and care;
- day care centres;
Revalidation centres;
- home nursing;
Integrated home care services;
- the blood services of the Red Cross of Belgium;
- pediatric medical centres;
- medical homes.
(b) workers accounting for a period of at least 5 years, uninterrupted or uninterrupted, in one or more of the services or facilities referred to in (a).
Art. 128. By derogation from section 59 of the Labour Contracts Act of July 3, 1978, the notice period shall be set at three months when the leave is given by the employer to a worker referred to in section 127, b), who has remained at his service without interruption for less than five years.
This period is increased by three months from the beginning of each new five-year period of service to the same employer.
The notice period must be calculated on the basis of the actual seniority acquired at the time it takes place.
The notice period shall take place on the first day of the month following the day on which notice has been notified.
Art. 129. The notice period provided for in section 128 does not apply in the event that the worker is terminated during the trial period, with a view to pre-pension or with a view to termination of the employment contract concluded for an indefinite period from the first day of the month following the month in which the worker reaches the age of the legal pension.
Art. 130. The provisions of this chapter come into force on the first day of the second month following that of their publication in the Belgian Monitor.
Notices notified prior to the entry into force of these provisions continue to emerge.
CHAPTER 12 - Adaptation of certain provisions of headings 1^er, 2 and 3 of the Act of 19 June 2009 on various employment provisions during the crisis
Art. 131. In section 353bis/2 of the Program Law (I) of 24 December 2002, inserted by the Act of 19 June 2009, the words "before 1^er January 2010 is replaced by the words "before subsection 8 of heading IV, chapter 7, section 3, of the Program Law (I) of 24 December 2002, ceases to be in force."
Art. 132. In article 13, paragraph 2, of the Act of 19 June 2009 on various employment provisions during the crisis, the words "on 1^er January 2010 is replaced by the words "from 1^er July 2010".
Art. 133. Article 14, § 4, of the Act is amended as follows:
1° in the first paragraph, 1° is replaced by the following provision:
"1° the company, in the sense of a legal entity, which is experiencing a substantial decrease of 15% at least of its turnover or production in one of the four quarters prior to the first use of the reduction of benefits to deal with the crisis, compared to the same quarter of 2008; If this decrease is not the result of the last quarter preceding the use of the reduction of benefits to deal with the crisis, then the downward trend must be confirmed in the other quarters before the use of the reduction of benefits to cope with the crisis. The evidence of the decrease in turnover is attested by statements to the T.V.A. in the relevant quarters; »;
2° the first paragraph is supplemented by a 3°, which reads as follows:
« 3° The company, as a legal entity, is experiencing a substantial decrease in its orders by at least 15% in one of the four quarters prior to the first use of the reduction of benefits to deal with the crisis, compared to the same quarter of 2008; If this decrease is not the result of the last quarter preceding the use of the reduction of benefits to deal with the crisis, then the downward trend must be confirmed in the other quarters before the use of the reduction of benefits to cope with the crisis. »;
3° between the first and the second paragraph is added a new paragraph, which reads as follows:
"The substantial decrease in orders referred to in paragraph 1^er, 3°, must:
1° assign all orders of the company;
2° be obtained by weighting according to the importance of the various orders and resulting in a decrease in the productive working hours of the workers;
3° to be proved by the introduction of a file that, besides the statements to the T.V.A. of all quarters concerned for indicative purposes, also contains all documents that demonstrate the decrease in orders required and explain the method of calculation followed, such as accounting documents and reports transmitted to the board of business. »;
4° in the former second paragraph, which became the third paragraph, the second sentence is deleted;
5° a paragraph 4 is inserted, as follows:
"The rules and terms determined by the King pursuant to the preceding paragraph and relating to the substantial decrease of at least 20% of its turnover or production are also applicable to the other substantial decreases referred to in 1°. »
Art. 134. In chapter 1^er of Part 2 of the Act, an article 14bis is inserted, as follows:
"Art. 14bis. § 1. The duration of a business plan is automatically extended under the following conditions:
1° the employer is bound by a business plan referred to in Article 14, § 2, which meets the requirements of Article 14, § 3;
2° the expected validity of the business plan goes beyond the date of December 31, 2009 or is related to the validity of the measures in this chapter.
The term of validity of the business plan is extended to the date provided in the business plan introduced but ends no later than the date on which the title ceases to be applied.
The Director General of the Labour Collective Relations Department of the Federal Public Service Employment, Labour and Social Concertation shall inform the company concerned of the automatic extension with reference to the termination date of validity of the business plan and the amount of the supplement referred to in section 23, § 7, which shall be respected by the company. It also informs the commission referred to in Article 14, § 3, of the extension.
§ 2. The duration of a business plan is, at the request of the company, extended under the following conditions:
1° the employer is bound by a business plan referred to in Article 14, § 2, which meets the requirements of Article 14, § 3;
2° the application is sent by registered letter to the Director General of the Federal Public Service Labour Collective Relations Service Employment, Labour and Social Concertation;
3° the application mentions the appropriate end date of the plan.
The period of validity of the business plan is extended to the date provided for in the extension request but ends no later than the date on which the title ceases to be applied.
The Director General of the Labour Collective Relations Department of the Federal Public Service Employment, Labour and Social Concertation shall inform the company concerned of the extension with reference to the termination date of validity of the business plan and the amount of the supplement referred to in section 23, § 7, which shall be respected by the company. It also informs the commission referred to in Article 14, § 3, of the extension.
§ 3. The commission referred to in Article 14, § 3, grants for the plans of enterprises referred to in Article 14, § 2, paragraph 1^er3°, an exemption from the minimum amount referred to in Article 23, § 7, paragraph 3, if the following conditions are met:
1° the company has concluded an agreement on this point with all the workers of the company;
2° the company shows that a consultation has actually taken place with all the workers of the company.
The commission referred to in Article 14, § 3, may grant for the plans of enterprises referred to in Article 14, § 2, paragraph 1^er, 2° and 3°, an exemption from the minimum amount referred to in Article 23, § 7, paragraph 3, if the Commission considers it reasonable. This decision must be taken unanimously. »
Art. 135. in section 23 of the Act are made the following amendments:
1° in § 7, paragraph 1^er, the second sentence is supplemented by the following words:
"or, in the absence of such workers, at the supplement provided for in the collective labour agreement concluded in the parity organ of which the employer would report if he was working with the workers. »;
2° § 7, is supplemented by a paragraph 3, which reads as follows:
"Without prejudice to paragraph 1^er, and in the absence of a collective labour agreement within the meaning of the law of 5 December 1968, the minimum amount of the supplement is set at 5 euros per day during which it is not worked under Chapter 3. »
Art. 136. In article 28, paragraph 1^erof the same law, the words "one 1^er January 2010 is replaced by the words "from 1^er July 2010".
Art. 137. In section 31 of the Act, the words "December 31, 2009" are replaced by the words "June 30, 2010".
Art. 138. In Article 1^er, § 3bis, of the Royal Decree of January 17, 2000 taken pursuant to Article 2 of the Law of December 20, 1999 to grant a bonus to employment in the form of a reduction of personal social security contributions to workers with low wages and to certain workers who have been the victim of a restructuring, inserted by the Royal Decree of June 28, 2009, paragraph 4 is replaced as follows:
"This subsection is only applicable to workers who are terminated as a result of the bankruptcy, closure or liquidation of the undertaking, by the deadline for termination, referred to in section 31 of the Act of 19 June 2009 providing various employment provisions during the crisis. »
Art. 139. Section 28/1bis of the Royal Decree of 16 May 2003 pursuant to Chapter 7 of Part IV of the Program Law (1) of 24 December 2002, to harmonize and simplify the reductions in social security contributions, inserted by the Royal Decree of 28 June 2009, is replaced as follows:
"Art. 28/1bis. Section 28/1 is also applicable to workers who are terminated as a result of the bankruptcy, closure or liquidation of the undertaking, by the deadline for termination, referred to in section 31 of the Act of 19 June 2009 providing various employment provisions during the crisis. »
Art. 140. In section 28/5 of the same Royal Decree, inserted by the Royal Decree of 28 June 2009, paragraph 2 is replaced as follows:
"The collective labour agreement must clearly mention the starting and ending dates of temporary adaptation of the duration of the work and, if applicable, the temporary introduction of the four-day week. The start date cannot precede the day on which Title 1 comes into force^er of the Act of 19 June 2009 on various employment provisions during the crisis, or after the date on which Title 1^er referred to above, ceases to be in force. The end date must precede the date on which the above title ceases to be in force. The collective labour agreement may not contain a provision by which it may be extended by tacit renewal. »
Art. 141. In Article 15/1, § 3, of the Royal Decree of 9 March 2006 on the active management of restructurings, inserted by the Royal Decree of 28 June 2009, paragraph 7 is replaced as follows:
"This subsection is only applicable to workers who are terminated as a result of the bankruptcy, closure or liquidation of the undertaking, by the deadline for termination, referred to in section 31 of the Act of 19 June 2009 providing various employment provisions during the crisis. »
Art. 142. In section 18 of the Royal Decree of 28 June 2009 pursuant to the Act of 19 June 2009 on various employment arrangements during the crisis, paragraphs 2 and 3 are replaced as follows:
"Chapter 3 ceases to be in force on the same date as that to which Title 2 of the June 19, 2009 Act on various employment provisions during the crisis ceases to be in force.
Chapter VIII of Title III of the Royal Decree of 16 May 2003 pursuant to Chapter 7 of Part IV of the Programme Law (I) of 24 December 2002, aimed at harmonizing and simplifying social security contribution reduction plans, ceases to be in force on the same date as that to which Title 2 of the Act of 19 June 2009 on various employment provisions during the crisis, ceases to be in force. »
Art. 143. In Article 2 of the Royal Decree of 28 June 2009 defining the terms and conditions for the payment of a crisis allowance for suspension of the performance of the employee employment contract, the words "on 1^er January 2010" is replaced by the words "on the same date as that to which Title 2 of the Act of June 19, 2009 on various employment provisions during the crisis, ceases to be in force."
Art. 144. The King may amend, supplement and repeal the following provisions:
- Article 1^er, § 3bis, paragraph 4, of the Royal Decree of 17 January 2000 taken in execution of Article 2 of the Law of 20 December 1999 to grant a bonus to employment in the form of a reduction of personal social security contributions to workers with low wages and certain workers who have been the victim of a restructuring;
- Article 28/1bis and Article 28/5, paragraph 2, of the Royal Decree of 16 May 2003 pursuant to Chapter 7 of Part IV of the Programme Law (I) of 24 December 2002, aiming at harmonizing and simplifying social security contribution reduction schemes;
- Article 15/1, § 3, paragraph 7, of the Royal Decree of 9 March 2006 on the active management of restructuring;
- Article 18, paragraphs 2 and 3, of the Royal Decree of 28 June 2009 pursuant to the Law of 19 June 2009 on various employment arrangements during the crisis;
- Article 2 of the Royal Decree of 28 June 2009 defining the terms and conditions for the payment of a crisis allowance for suspension of the performance of the employee employment contract.
Art. 145. Article 3 of the Royal Decree of 31 July 2009 defining the criterion of recognition as a business in difficulty on the basis of a decrease in orders pursuant to Article 14, § 4, paragraph 2, of the Law of 19 June 2009 on various employment provisions during the crisis, is repealed.
Art. 146. Article 108, § 1^er, 1°, of the Reformation Act of 22 January 1985 containing social provisions, amended by the Act of 26 March 1999, is supplemented in fine as follows:
" - to part-time workers referred to in Chapter 2 of Title 2 of the Act of 19 June 2009 on various employment provisions during the crisis. »
Art. 147. This chapter comes into force on 31 December 2009 except for sections 133, 134, 135 and 145 which come into force on 1^er January 2010 and section 146 effective 1^er September 2009.
CHAPTER 13 - Crisis Award
Art. 148. This chapter is applicable to workers bound by a labour contract within the meaning of section 2 of the Act of July 3, 1978 on employment contracts and their employer.
However, this chapter does not apply to workers and their employers excluded from the application of the Act of December 5, 1968 on collective labour agreements and parity commissions.
Art. 149. A worker whose employment contract is terminated without serious cause by his employer, with or without notice, shall be entitled to a flat-rate crisis premium of EUR 1.666. This amount is exempt from tax on income.
This lump-sum crisis premium is excluded from the notion of compensation for the application of Article 14 of the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers, last amended by the Act of 24 July 2008 on various provisions (I), and for the application of Article 23 of the Act of 29 June 1981 establishing the general principles of social security of workers last July 2008
When the worker is employed in the execution of a part-time employment contract within the meaning of Article 11bis of the Act of July 3, 1978 on employment contracts, this lump-sum crisis premium is reduced in proportion to its benefits provided for in the labour contract.
The proportion is calculated in relation to a full-time worker as defined in section 2, 3 of the Act of 5 March 2002 on the principle of non-discrimination for part-time workers.
The preceding paragraph also applies to amounts referred to in section 152.
Art. 150. Article 149 is not applicable where the labour contract is terminated:
- during the trial period;
- for the pension;
- for foreseeability;
- as part of a restructuring if the worker can register with the employment cell in accordance with Article 34 of the Act of 23 December 2005 on the covenant of solidarity between generations.
Art. 151. In the event of termination referred to in section 149, paragraph 1^erthe leave shall be notified by the employer by registered letter to the position that is discharged on the third working day after the date of its shipment or by the exploitation of bailiffs.
This provision shall not prejudice the provisions of Article 37, § 1^erParagraph 3 of the Act of 3 July 1978 on labour contracts.
Art. 152. The employer pays at the time the employment contract ends a portion of the crisis lump-sum premium referred to in section 149 equal to 555 euros.
The National Employment Office pays the remaining 1.111 euros.
If the employer fails to comply with section 151, it is required to pay the fullness of the lump-sum crisis premium referred to in section 149.
Art. 153. § 1^er. The employer is exempt from paying its lump sum share of crisis if it is satisfied with one of the following conditions:
- the worker was applied in 2010 as a measure of collective or individual reduction of the working time provided for under 1^er or under section 2, of the Act of 19 June 2009 on various provisions to deal with the crisis;
- the performance of the labour contract of the worker was suspended in 2010 pursuant to Article 51 of the Act of 3 July 1978 on employment contracts, for an equivalent number of days, according to his working regime, to four weeks if the worker has less than twenty years of seniority in the company at the time of notification of his leave and eight weeks if the worker has at least twenty years of seniority in the company.
If satisfied with one of the conditions set out in paragraph 1^er, the entire lump sum of the crisis 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 difficulties" and how to determine the number of 10 workers referred to above.
Art. 154. The National Employment Office is responsible for paying the lump-sum crisis premiums set out in sections 152 and 153.
The King determines the terms and time limits for payment of this allowance by the National Employment Office, as well as the documents that must be introduced to allow this payment.
Social security institutions are required to provide the National Employment Office with any information necessary to carry out its mission.
Art. 155. The provisions of this chapter apply only to leave notified between 1^er January 2010 and June 30, 2010.
Art. 156. This chapter comes into force on 1^er January 2010.
PART 11 - Social integration
CHAPTER 1^er - Amendment of the Act of 2 April 1965 on the Care of Relief Granted by Public Social Action Centres
Art. 157. Article 11, § 1^er, of the Act of 2 April 1965 on the Care of Relief granted by Public Social Action Centres, as amended by the Acts of 9 July 1971 and 27 December 2005, is supplemented by a paragraph, which reads as follows:
"Reimbursement of the costs referred to in the above-mentioned Article 4 can only take place when a pre-social investigation found the existence and extent of the need for social assistance. »
CHAPTER 2 - Single Annual Report - Electronic Procedure
Art. 158. § 1^er. In the relationship between the public social action centre and the State, the procedure for granting and using regulated subsidies in the substances listed in paragraph 2 must, from 1^er January 2009, be electronic.
The single annual report whose terms and conditions are decided by the competent minister will be the subject of an electronic procedure.
He must, under penalty of dismissing the right to grant, be sent to the State by March 31 of each year following the grant.
§ 2. Substances referred to in paragraph 1^er are:
1° the cost of establishing rental guarantees;
2° the mission of guidance and financial social assistance as part of the provision of energy to the poorest people;
3° the increased subsidy of the State to the public social action centres of certain cities and communes for specific initiatives of social integration;
4° the grant of a subsidy to various public social action centres that participate in the pilot project "Clusters Plan for Small C.P.A.S."
5° intervention in personnel costs within the framework of the right to social integration.
§ 3. The King may extend the materials in which the obligation to use electronic procedure is required.
§ 4. The appeal by both the public social action centre and the State to electronic procedure as defined in paragraph 1^er, accompanied by an authentication by an advanced electronic signature, made on the basis of a qualified certificate and designed by means of a secure signature creation device, as defined in section 4 of the Act of 9 July 2001, setting certain rules relating to the legal framework for electronic signatures and certification services.
CHAPTER 3 - Amendment to the Law of 26 May 2002 on the Right to Social Integration
Art. 159. In Article 29, § 1^erof the law of 26 May 2002 concerning the right to social integration, the words "2262bis, § 1^erParagraph 1^er, Civil Code" are replaced by the words "2277 of the Civil Code".
CHAPTER 4 - Amendments to the Act of January 12, 2007 on the reception of asylum seekers and certain other categories of foreigners
Art. 160. Section 4 of the Act of 12 January 2007 on the reception of asylum seekers and certain other categories of foreign nationals is supplemented by two paragraphs, as follows:
"By derogation from the previous paragraph, the Agency may decide that the claimant who introduces a third asylum application shall not be entitled to Article 6, § 1^erof this Act during the examination of the application, as long as the file has not been forwarded by the Office of Foreigners to the Office of the Commissioner-General for Refugees and Stateless Persons pursuant to section 51/10 of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens, with an individual decision. This principle may also apply for any new asylum application.
The right to medical assistance as referred to in sections 24 and 25 of this Act, however, remains guaranteed to the claimant referred to in the preceding paragraph. »
Art. 161. Article 6, § 1^erthe following amendments are made:
1° the first word "The" is replaced by the following words: "Without prejudice to the application of section 4, paragraph 2, of this Act,"
2° between the current paragraphs 2 and 3 is inserted the following paragraph:
"In the event of a negative decision made after the asylum procedure, material assistance ends:
1° after a five-day period following the date on which a decision of one of the bodies referred to in paragraph 1^er becomes final and not subject to appeal if, at that time, the period of enforcement of the order to leave the territory notified to the claimant expired;
2° the day after the day on which the period of execution of the order expires to leave the territory notified to the claimant if on the date on which a decision of one of the bodies referred to in paragraph 1^er becomes final and not subject to appeal, the period of execution of the order to leave the territory has not yet expired, but at the earliest after a five-day period from the above-mentioned decision. »;
3° the paragraph is supplemented by the following paragraph:
"The benefit of material assistance ends, however, in the event of an appeal brought before the State Council against the decision to grant subsidiary protection and to refuse refugee status. The benefit of material assistance also ends when a residence permit is granted for more than three months on the basis of the law of 15 December 1980 on access to territory, residence, establishment and removal of aliens, to a person whose asylum procedure or procedure before the State Council is still in progress. »
Art. 162. Section 7 of the Act is replaced by the following:
“Art. 7. § 1^er. The benefit of material assistance is extended when a foreigner residing in a welcoming structure whose asylum procedure and procedure before the Council of State have been terminated negatively, has a member of his family or a person exercising parental authority or guardianship over him under the law applicable in accordance with article 35 of the law of 16 July 2004 bearing the Code of Private International Law, which enters the scope of application of the law.
§ 2. The benefit of material assistance may be extended, by reason of the Agency's decision, when the foreigner residing in a welcoming structure is in one of the following situations and upon request:
1° the foreigner whose asylum procedure and the procedure before the Council of State has closed negatively, who cannot follow the order to leave the territory which was notified to him and who, in order to complete the school year, has introduced a request for an extension of the order to leave the territory with the competent authorities in matters of asylum and migration, at the earliest three less before the end of the school year. The extension of the right to material assistance ends when the extension of the order to leave the territory is completed or when the extension is refused;
2° the foreigner whose asylum procedure and the procedure before the Council of State have closed negatively, who cannot follow the order to leave the territory which was notified to him because of his pregnancy. The extension of the right to material assistance shall apply as soon as possible from the seventh month of pregnancy and shall terminate at the latest at the end of the second month following delivery;
3° the foreigner whose asylum procedure and the procedure before the Council of State has closed negatively, which introduces to the competent authorities in matters of asylum and migration a request for an extension of his order to leave the territory because he cannot return to his country of origin because of circumstances independent of his will.
The extension of the right to material assistance ends when this extension of the order to leave the territory is completed or when it is refused;
4° the foreigner whose asylum procedure and the procedure before the Council of State has closed negatively, who cannot follow the order to leave the territory which has been notified to him and which is a parent of a Belgian child and who has introduced a request for permission to stay with the competent authorities in matters of asylum and migration on the basis of article 9bis of the law of 15 December 1980. The extension of the right to material assistance ends when the competent authorities in the field of asylum and migration pronounced themselves on the application for permission to stay;
5° the foreigner whose asylum procedure and the procedure before the Council of State ended negatively and who signed a voluntary return, until his departure, unless that departure is postponed because of his sole conduct;
6° the foreigner whose asylum procedure and procedure before the Council of State has been terminated negatively, and who has been notified of an order to leave the territory, and who for medical reasons certified and substantiated by an application for permission to stay introduced on the basis of Article 9ter of the law of 15 December 1980 mentioned above, and who is not in a position to leave the reception structure in which he resides.
In the case referred to in paragraph 1^er, 6°, the foreigner must justify, through a certificate from a registered physician in support of his application, that he is in this situation of medical impossibility to leave the reception structure. If the Agency considers it to be required, the Agency is seeking further medical advice. A review of the persistence of the medical impossibility of leaving the reception structure is carried out periodically by the Agency. The extension of the right to material assistance ends when this check shows that medical impossibility no longer persists, and, in any event, at the time of notification of the decision on the admissibility of the application for leave of residence.
The applications referred to in this paragraph shall, under penalty of inadmissibility, be filed before the expiry of the period referred to in Article 6, § 1^erParagraph 3.
As long as the Agency has not notified a foreign country, which has filed an application on the basis of this paragraph, the reasoned decision referred to in paragraph 1^er, the benefit of material assistance is extended provisionally.
In order for the foreigner to avail himself of the benefit of this paragraph, the asylum procedure must not have been the subject of a decision denoting another State than the Belgian State as responsible for the processing of the asylum application pursuant to Article 51/5 of the law of 15 December 1980 on access to the territory, residence, establishment and removal of aliens, or a decision not to take into consideration the same law
§ 3. In special circumstances related to respect for human dignity, the Agency may waive the conditions set out in this provision. »
Art. 163. Article 8, § 1^er, of the same law, is supplemented by the words:
"or where the recipient has obtained a residence permit of more than three months in accordance with the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners. »
Art. 164. Section 9 of the Act is supplemented by the following words:
", without prejudice to the application of Article 11, § 3, last paragraph, or Article 13. »
Art. 165. The following amendments are made to section 11 of the Act:
1° in paragraph 1^er, paragraph 2, after the words "A new mandatory place of registration", the words ", corresponding to a public center of social action" are inserted;
2° paragraph 1^er, paragraph 3, is supplemented by the words ", except as provided in Article 6, § 1^erParagraph 5;
3° the article is supplemented by a paragraph 4, as follows:
Ҥ4. In exceptional circumstances related to the availability of places of reception in reception facilities, the Agency may, after a decision of the Council of Ministers on the basis of a report prepared by the Agency, for a period that it determines, either amend the mandatory place of registration of a claimant as a reception structure to designate a public centre of social action, or as a last resort, designate a public asylum seeker as a compulsory asylum centre.
Both the amendment and the designation of a mandatory place of registration pursuant to this paragraph shall take place on the basis of a harmonious distribution between the municipalities, according to the criteria set out in paragraph 3, second paragraph, 2°, of that article. »
Art. 166. Article 19 of the Act, the current text of which becomes paragraph 1^er, is supplemented by paragraph 2, as follows:
Ҥ2. As part of the exercise of the mission referred to in paragraph 1^er, the King shall determine the concrete terms and conditions that permit the director or the person in charge of the host structure or persons designated by them to carry out the control of the rooms of the beneficiaries who reside therein.
Such a control may only be carried out in an objective of prevention of fire safety and control, preservation of hygiene, verification of compliance with the provisions of the rules of procedure referred to in paragraph 1^er which ensure the protection of the rights and freedoms of the other beneficiaries of the host structure and the staff of the host.
In no case may such control have a vexatory character for the recipient of the reception concerned and must be carried out in accordance with the property available to it.
In the implementation of the jurisdiction assigned to it under paragraph 1^er, the King provides for the strict limitation of the number of persons that the director or head of the host structure may designate to carry out the control and clearly and limiting the terms of the controls, especially in terms of frequency. On an exceptional basis, the control of the rooms of the host recipients may take place, apart from the frequency conditions established by the King but only when it is motivated by specific safety, fire, hygiene or in the event of a serious breach of the rules of procedure. »
Art. 167. In section 44, paragraph 2, of the Act, the words "order measures that may be taken against a resident" are repealed.
Art. 168. the following amendments are made to section 45 of the Act:
1° paragraph 2 is supplemented by a 7°, as follows:
"7° the temporary exclusion of the benefit of material assistance in a host structure for a maximum period of one month. »;
2° Paragraph 3 is supplemented by the following sentence:
"The penalty referred to in paragraph 2, 7°, must be confirmed by the Director General of the Agency within three working days from the adoption of the sanction by the Director or the host structure manager. ÷ lack of confirmation within this period, the temporary exclusion penalty is automatically lifted. »;
3° at the beginning of paragraph 6, the words "Subject to the penalty referred to in paragraph 2, 7° shall be inserted;
Paragraph 6 is supplemented by the following sentence:
"The penalty referred to in paragraph 2, 7°, shall result in the inability of the person to benefit from any other form of reception except access to medical assistance, as referred to in sections 24 and 25 of the Act. »;
5° between paragraph 6 and paragraph 7 of the present paragraph, the latter becoming paragraph 9, are inserted two paragraphs, as follows:
"The penalty referred to in paragraph 2, 7°, may be imposed only in the event of a very serious breach of the rules of procedure of the reception structure that endangers staff or other residents of the reception structure or poses risks characterized for safety or public order in the reception structure.
The person subject to the temporary exclusion penalty must be heard before taking the penalty. »
PART 12 - Economy and Telecommunications
CHAPTER 1^er - Amendment of the Act of 30 June 1994 on copyright and neighbouring rights
Art. 169. In Article 22, § 1^er, 4°bis, of the law of June 30, 1994 relating to copyright and neighbouring rights, amended by the laws of August 31, 1998 and May 6, 2009, the words ", of partitions" are replaced by the word "or".
Art. 170. Section 169 comes into force on the day of the coming into force of section 133 of the Act of 6 May 2009 on various provisions (I).
CHAPTER 2 - Amendments to the Act of 20 July 199 0 relating to the accreditation of conformity assessment bodies
Art. 171. Article 1^er the Act of 20 July 1990 concerning the accreditation of conformity assessment bodies, replaced by the Act of 9 July 2004, is replaced by the following:
“Art. 1^er. For the purposes of this Act and its enforcement orders, it shall be understood by:
1° "Accreditation": formal certification issued by the national accreditation body that a compliance assessment body meets the criteria defined by the harmonized standards and, if applicable, any other additional requirements, including those set out in the relevant sectoral programs, required for a specific compliance assessment operation;
2° "accreditation system": system having its own rules of management and intended to enable the implementation of the accreditation procedure;
3° "Compliance assessment": a process that assesses whether it is demonstrated that defined requirements for a product, process, service, system, person or organization have been met;
4° "Compliance Assessment Organization": an organization that conducts conformity assessment operations, such as calibration, testing, certification and inspection;
5° "Harmonized Standard": a European standard adopted by one of the European standard-setting bodies referred to in Annex I to Directive 98/34/EC of the European Parliament and the Council of 22 June 1998 providing for an information procedure in the field of technical standards and regulations and rules relating to the information society, on the basis of a request made by the Commission in accordance with Article 6 of this Directive;
6° "Test": technical operation that consists of determining one or more characteristics of a given product, process or service, according to a specified operating mode;
7° "Standing": an activity that is intended to establish, under specified conditions, the relationship between the values of the size indicated by a device or measuring system, or the values represented by a materialized measure or by a reference material, and the corresponding values of the magnitude realized by stallions;
8° "Reference material": material or substance of which one or more values of the property(s) is or are sufficiently homogeneous and well defined to allow it to be used for the calibration of a device, the assessment of a measurement method or the attribution of values to the materials;
9° Inspection: Review of the design of a product, service, process or installation, and determination of compliance with specific requirements, or, on the basis of a professional judgment, to general requirements. The term "control" is to be regarded as synonymous with the term "inspection";
10° "Certification": a procedure by which a third party provides written assurance that a product, process or service complies with the specified requirements. A third party must be understood to be an independent person or body of the parties involved in the matter;
11° "the Minister": the Minister who has the Economy in his powers. »
Art. 172. Section 2 of the Act is replaced by the following:
“Art. 2. § 1^er. The King may, by order deliberately in the Council of Ministers, take all necessary measures to create an accreditation system. In particular, it will create a single national accreditation body and a national accreditation board.
§ 2. The national accreditation body is responsible for the process management to obtain accreditation, including the issuance and withdrawal of accreditations.
§ 3. The mission of the National Council of Accreditation is:
1° to ensure consistent and transparent application of accreditation principles and procedures;
2° to assess the annual report of the national accreditation body and to issue a notice to the Minister;
3° ensure the collection, circulation and publication of information relating to activities in this area;
4° ensure that all interested parties are involved in accreditation activities;
5° to provide advice on all aspects of accreditation.
The National Accreditation Council will include representatives of national, regional and community authorities, the Standardization Office, companies, workers' organizations and consumers.
The King determines, by deliberate decree in the Council of Ministers, the composition of the National Council of Accreditation.
§ 4. The King sets out, after consultation with the National Council of Accreditation, by order deliberately in the Council of Ministers, the criteria for accreditation of conformity assessment bodies.
§ 5. Certificates and conformity assessment reports issued by the bodies accredited under this Act are recognized by the Belgian State. »
Art. 173. Section 3 of the Act is repealed.
Art. 174. Section 4 of the Act is repealed.
Art. 175. In section 5 of the Act, subsection 2 is repealed.
Art. 176. In section 7 of the Act, paragraph 1^er is replaced by the following:
« § 1^er. Is punished by a fine of twenty-six to five thousand euros that:
1° using fraudulent manoeuvres, obtains or attempts to obtain from an accredited body under this Act, a certificate or conformity assessment report;
2° in contravention of the provisions of this Act or its enforcement orders, grants a certificate or a conformity assessment report;
3° in contravention of the provisions of this Act or its enforcement orders, uses or attempts to use a certificate or conformity assessment report;
4° by using fraudulent manoeuvres, including by actions that may be confusing, falsely gives the impression that a product, service or process benefits from a certificate or conformity assessment report issued by an accredited body under this Act. »
Art. 177. In article 9, § 3, of the same law, the words "of the gendarmerie and" are repealed.
CHAPTER 3 - Amendments to the Act of January 16, 2003 establishing a Bank-Carrefour des Entreprises, modernization of the trade register, creation of registered business windows and various provisions
Art. 178. In Article 2, a single paragraph, of the Act of 16 January 2003 establishing a Banque-Carrefour des Entreprises, modernization of the register of commerce, creation of registered business windows and carrying various provisions, the 3°, 4° and 5° are replaced by the following:
"3° "business": any entity required to register in the Banque-Carrefour des Entreprises;
4° "commercial business": any natural or legal person, who has an establishment unit in Belgium and has commercially qualified acts as described in the Commercial Code and who is thus presumed to have the quality of "marketer";
5° "artisan business": the company created by a private person, which has an establishment unit in Belgium and usually operates under a service delivery contract, mainly material acts, not accompanied by any delivery of goods, or only on occasional basis, which is thus presumed to have the quality of "artisan"; "
Art. 179. In Article 6, § 1^er, of the same Act, 10°, replaced by the Act of 20 March 2009, is replaced by the following:
"10°, if applicable, the reference to the company's website, its telephone number, fax number and e-mail address. »
Art. 180. In the same Act, an article 21/1 is inserted, as follows:
"Art. 21/1. The data on the extracts from the Bank-Carrefour des Entreprises have proved to the contrary. »
CHAPTER 4 - Amendment of the Act of 13 June 2005 on Electronic Communications
Art. 181. In Article 33, § 2, of the Act of 13 June 2005 on electronic communications, the following amendments are made:
1° to 1°, are inserted in the first sentence, the words "by the armed forces on its manoeuvring grounds or by the direction of penitentiary institutions" between the words "used" and "to prevent";
2° to 1°, are replaced in the second sentence the words "Such a transmitter device can" by the words "When installed and used in penitentiary institutions, such a transmitter device can";
3° to 3° are inserted the words "which is installed for use in penitentiary institutions" between the words "targeted at 1°" and "was notified";
4° to 5°, paragraph 1 and paragraph 3, are inserted the terms "of the manoeuvring ground of the armed forces or" after the words "outside";
5° to 5°, paragraph 3, are replaced by the terms "access to the prison in question" by the terms "access to the manoeuvring grounds of the armed forces or to the prison establishment in question".
CHAPTER 5 - Amendment of the Act of 17 January 2003 relating to the status of the regulator of the Belgian postal and telecommunications sectors
Art. 182. Article 17, § 2, of the Act of 17 January 2003 relating to the status of the regulator of the Belgian postal and telecommunications sectors, is supplemented by the following paragraph:
"The special mission officers referred to in Article 82, § 3/1, of the Royal Decree of 11 January 2007 establishing the administrative status of the staff of the Belgian Institute of Postal Services and Telecommunications attend meetings of the Council with an advisory voice. The Council may also invite external experts to attend Council meetings with or without a consultative vote. Special mission officers and external experts shall be subject to the same rules as those applicable to Council members under Article 17, § 3. Experts are held in professional secrecy during and after the end of their mission. They may not disclose to third parties the confidential information they are aware of in the course of their mission, except as provided by law. The breach of this obligation entails the immediate end of the mission. »
CHAPTER 6 - Accreditation of publishers
electronic pass
Art. 183. Electronic pass titles can only be made available by an authorized publisher for this purpose.
Art. 184. § 1^er. The King shall, after the advice of the National Labour Council, the Council for Consumption, the Superior Council of Independents and the P.M.E. and the Commission for the Protection of Privacy, establish the conditions to be approved as publisher of pass titles in electronic form, the procedure of accreditation, the control of the compliance with the conditions of registration, the conditions of revocation of approval, the procedure of warning and revocation.
§ 2. For this purpose, the King creates an ad hoc advisory and control committee for electronic titles and sets out the missions, the composition and the functioning of them.
Art. 185. Newspaper editors provide financial security that covers the risk of bankruptcy. The King sets out the terms of this financial security.
TITRE 13 - Interior
CHAPTER 1^er - Civil security - Interpretation of the law of 14 December 2000 setting certain aspects of the development of working time in the public sector
Art. 186. Section 3 of the Act of 14 December 2000 establishing certain aspects of working time in the public sector is interpreted in that the volunteers of the public fire services and emergency areas as provided for in the Civil Safety Act of 15 May 2007 and the volunteers of the civil protection operational units do not fall under the definition of workers.
CHAPTER 2 - Integrated Police
Section 1^re - Transfer of Competency from the Central Service of Fixed Expenditures (SCDF) to the Secretariat of the Integrated Police (SSGPI)
Art. 187. Article 3 of the law of 1^er August 1985, amending the Act of 6 May 2009, the following amendments are made:
1° in paragraph 2, the words "140ter" are replaced by the words "140quater";
2° two sub-paragraphs, as follows, are inserted between paragraphs 4 and 5:
"When statements for local police zones are made by the SSGPI pursuant to section 149octies of the Act of 7 December 1998 organizing an integrated, two-tiered police service, the penalties for late return of the statement are charged to the SSGPI.
When the SSGPI provides, on the basis of the closing dates and payment times in the annual calendar, evidence that this Secretariat does not bear any responsibility for this late introduction of the declaration, the ONSAPL is incurring penalties for the late return of the statement to the police area concerned. »
Art. 188. In section 140ter of the Act of 7 December 1998 organizing an integrated, two-tiered police service, as amended by the Program Act of 27 December 2004, the following amendments are made:
1° paragraphs 1^er2, 3 and 4 are repealed;
2° in paragraph 5, the words ", the SCDF" are replaced by the words "police personnel, the Central Service of Fixed Expenditures (SCDF) is responsible for their payment and" and the words "the Administration of Pensions" are replaced by the words "the Public Sector Pension Service".
Art. 189. In the same Act, an article 140quater is inserted, which reads as follows:
"Art. 140quater. The SCDF remains responsible for making any corrections, if any, to be made to the related treatment and rights granted to police personnel since 1^er April 2001 to December 31, 2009 as well as the social and tax declarations and levies that relate to it and establish and communicate the necessary accounting, payment documents and supporting documents. »
Art. 190. to section 149octies of the Act, inserted by the Program Act of 27 December 2004, the following amendments are made:
1st paragraph 1^er is replaced by the following:
"With respect to treatment and related rights, the ISGS is implementing the decisions made by the federal police or by police zones, each for their own personnel. ÷ this effect, they communicate the data required in accordance with the decentralized work model of the salary engine chosen by each employer. »;
2° in paragraph 2, 1°, the words "only in the service of the responsible staff. The Human Resources Branch is replaced by the words "to the employer concerned. General Management of Support and Management »;
3° paragraph 2, 2°, is replaced by the following:
"2° the communication of the result of the calculation referred to in 8° and the transmission of the payment documents necessary to be able to pay the salaries, the rights related to the right holders and the tax and social deductions in time; »;
Paragraph 2, paragraph 3, is replaced by the following:
"3° the management of litigation relating to the recovery of undue payments, salary seizures and pay assignments, in accordance with the decentralized work model of the salary engine chosen by each employer; »;
5° in paragraph 2, 4°, the word "employee" is replaced by the word "paid";
6° in paragraph 2, 6°, the words "by the services of the staff or the persons to whom delegation was given. The nature, form or periodicity of the data to be provided shall be determined by the ISGF in collaboration with the ISCDF, and shall be replaced by the words "federal police or police zones, in accordance with the decentralized working model of the salary engine chosen by each employer; »;
7° paragraph 2 is supplemented by the 7°, 8°, 9° and 10°, as follows:
"7° the calculation of treatments and related rights of police personnel;
8° the calculation of legal and regulatory contributions and levies;
9° the establishment of social and tax declarations and their introduction to competent bodies;
10° the establishment of the necessary accounting, payment documents and supporting documents. »
Art. 191. Sections 187 to 190 come into force on 1^er January 2010.
Section 2 - Scale expansion
Art. 192. Section 9 of the Act of 7 December 1998 organizing an integrated, two-tiered police service is supplemented by a paragraph, which reads as follows:
"This article is also applicable up to 1^er January 2011, to the amendment of the delimitations of the police zones established, other than that referred to in Part II, Chapter VII, provided that this does not result in an increase in the number of zones determined by paragraph 1^er. »
Art. 193. In Part II of the Act, a chapter VII, comprising sections 91/1 to 91/10, is inserted as follows:
“Chapter VII. Voluntary fusion of police zones
Art. 91/1. For the purposes of this chapter, it is necessary to hear by:
1° the old police zone: the police zone whose spring was previously determined by the King;
2° the new police zone: the police zone resulting from the merger of two or more old police zones organized by this chapter.
Art. 91/2. Community councils or police councils in the police areas concerned can introduce up to 1^er January 2011, a joint request for the voluntary merger of their former police zones with the Ministers of the Interior and Justice.
The King may define on the proposal of the two ministers the territorial jurisdiction of the new police zone.
Art. 91/3. The election of the members of the police council of the new police zone takes place during the first session of the communal council following the publication of the royal decree defining the territorial jurisdiction of the new police zone.
Art. 91/4. The term of office of elected members of the Police Council shall be held on the first working day of the month following that of their election. If a claim has been filed against the election, the mandate will only take effect fifteen days after the election has become final.
Art. 91/5. In the event of a merger of two or more old police zones of the administrative district of Brussels-Capital, the police council of the new police zone includes a number of members of the Dutch linguistic group who is equal to the highest number of advisers assigned by Article 22bis, § 1^erthe old police zones to which the new police zone succeeds.
Art. 91/6. The term of office of a member of the Police College of a new police zone takes place on the date of the publication of the Royal Decree defining the territorial jurisdiction of the new police zone.
Art. 91/7. The number of votes granted to each villager within the police college of the new police zone is defined on the basis of the local police budget referred to in section 39 or on the basis of the police endowment referred to in section 40 that its commune was investing in the old police area to which it belonged.
Art. 91/8. The zonal security plan of the new police zone is submitted for approval to the Ministers of the Interior and Justice within four months of the institution of the local police referred to in section 257quinquies/5.
However, the validity of the zonal security plan in the new police zone is limited to the term provided for in the existing zonal security plans in the old police areas.
Art. 91/9. The allocation that each municipality assigns to the local police force of the new police zone may not, for the two years following the institution of the local police of the new police zone, be less than the budget it allocated in accordance with section 39 to the local police force or the staffing it affected in accordance with section 40 to the budget of the old police area to which it belonged.
Art. 91/10. The federal grants that are allocated to the new police zone are equal to the sum of the federal grants that would have been awarded, in accordance with the federal grant allocation rules that are applicable to the old police zones, to the former police areas to which it succeeds. »
Art. 194. In Part VIII of the Act, a chapter V containing articles 257quinquies/1 to 257quinquies/10 is inserted, as follows:
“Chapter V. The consequences of merging police areas
Art. 257quinquies/1. The staff of the operational framework and the administrative and logistical framework of the old police areas are transferred, respectively, to the operational and administrative and logistical framework of the local police in the new police zone.
Art. 257quinquies/2. The Police Council, upon its installation referred to in section 91/4, declares the warrant of head of the new police zone vacant and constitutes the selection commission referred to in section 48.
Art. 257quinquies/3. § 1^er. The staff member transferred to a new police area is not required by the time required to enter the mobility account.
§ 2. The transfer of the staff member to the new police zone is not considered a change of employer for the application of statutory provisions.
§ 3. If the transfer to the new police zone results in a change in the place of work for a contracting staff member, it is the subject of an amendment to the contract.
Art. 257quinquies/4. As of the publication of the Royal Decree defining the territorial jurisdiction of the new police zone, the prerogatives of the organs of the former police zones to which it will succeed are limited to acts under daily management, which deal with urgent cases or which relate to ongoing cases. If not, the decisions adopted or their consequences are not enforceable to the organs of the new police zone.
Art. 257quinquies/5. The King established the local police in the new police area on the first day of a quarter when he found that the following conditions were met:
1° the territorial jurisdiction of the police zone is fixed in accordance with Article 91/2;
2° the personnel framework is determined;
3° the amount of communal holdings to the budget of the new police zone is in accordance with section 91/9;
4° the end-of-management account is prepared and approved in accordance with Article 257quinquies/9, § 1^er.
Art. 257quinquies/6. The institution of the local police in the new police zone puts an end to the existence of old police zones and puts an end to the mandate of the police advisers in the old police zones.
Art. 257quinquies/7. § 1^er. All movable property, both in the public domain and in the private domain, including property that is part of the individual equipment of members of the operational framework of the old police zones, are transferred to the new police zone.
§ 2. The transfer referred to in § 1^er is executed in full law. The transfer is opposable to third parties without further formalities on the date of institution of the local police of the new police zone.
§ 3. The assets referred to in this section shall be transferred to the state in which they are located, including the charges and obligations inherent in these assets.
§ 4. The new police zone succeeds in the rights and obligations of the former police zones relating to the movable property transferred to it, including the rights and obligations resulting from pending and future judicial proceedings.
However, municipalities that constituted the old police zones remain in solidarity with obligations whose payment or execution were due before the transfer of ownership of the movable property referred to in this article.
Art. 257quinquies/8. § 1^er. Real property that is owned by old police zones is transferred to the new police area on the date of the establishment of the local police in the new police area. The new area of police reclaims the rights, obligations and charges relating to immovable property transferred to it.
§ 2. Amounts in which former police areas were or were indebted under the correction mechanism referred to in section 248quater are paid to or by the new police area that succeeds them.
§ 3. The new police zone takes over the rights, obligations and charges of the old police areas that arise from leases for immovable property that house local police personnel.
Art. 257quinquies/9. § 1^er. The end-of-management account for the old police zones is drawn up on the last day of the quarter preceding the institution of the local police referred to in section 257quinquies/5.
§ 2. The new police zone takes over the assets and liabilities of the former police areas to which it succeeds.
§ 3. The management end account is subject to the approval of the police council of the new police zone.
Art. 257quinquies/10. Without prejudice to the application of section 257quinquies/4, any procedure relating to public contracts of work, supplies and services passed for the benefit of the police force of the old police zones is continued by the new police zone, from the date of its institution.
Paragraph 1^er also applies for the performance of public contracts awarded before that same date. »
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given at Châteauneuf-de-Grasse, December 30, 2009.
ALBERT
By the King:
The Prime Minister,
Y. LETERME
For the Minister of Social Affairs, responsible for Social Integration, absent:
Minister of Pensions and Major Cities,
Mr. DAERDEN
The Minister of Employment,
responsible for the Migration and Asylum Policy,
Ms. MILQUET
Minister of Justice,
S. DE CLERCK
Minister of P.M.E. and Independents,
Mrs. S. LARUELLE
Minister of Energy,
P. MAGNETTE
Minister of Development Cooperation,
Ch. MICHEL
The Minister of Public Service,
Ms. I. VERVOTTE
For the Minister for Business and Simplification, absent:
The Minister of the Interior,
Ms. A. TURTELBOOM
The Minister of the Interior,
Ms. A. TURTELBOOM
The Secretary of State for Mobility,
E. SCHOUPPE
The State Secretary to the Emigration and Asile Policy,
Mr. WATHELET
For the Secretary of State for Social Integration, absent:
Minister of Pensions and Major Cities,
Mr. DAERDEN
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
Notes
Documents of the House of Representatives:
52-2299/ (2009/2010):
001: Bill.
002 and 003: Amendments.
004: Report.
005 and 006: Amendments.
007 to 011: Reports.
012: Text adopted by the Committees.
013 and 014: Amendments.
015 to 019: Reports.
020: Amendments.
021: Supplementary report.
022: Text adopted by the Committees.
023 and 024: Amendments.
025: Text adopted in plenary and transmitted to the Senate.
Full report: 22 December 2009.
Documents of the Senate:
4-1553 - 2009/2010:
Number 1: Project referred to by the Senate.
No. 2: Amendments.
Nos. 3 to 6: Reports.
No. 7: Decision not to amend.
Annales of the Senate: December 23, 2009.