belgiquelex.be - Carrefour Bank of Legislation

6 MAI 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 and transport
CHAPTER 1^er. - Amendment of the Decree-Law of 30 December 1946 on paid passenger transport by bus and coaches
Art. 2. An article 30bis , as follows, is inserted in the Decree-Law of 30 December 1946 concerning paid passenger transport by bus and coaches:
"Art. 30bis . § 1^er. For the purposes of the provisions of this section, a natural person, a legal person, a legal person, with or without a profit, any person acting on behalf of an association of persons without a legal personality and with or without a profit, as well as any body under the public authority, whether it is provided with a legal personality or is dependent on an authority with an intermediate personality, which concludes a contract of carriage with a carrier or a carrier.
We distinguish the professional donor and the non-professional donor.
A professional donor means:
1° the principal who enters into a contract of carriage with a passenger carrier by road and whose activity consists in organizing, ordering or carrying out, on a costly or usual basis, travel, including by road;
2° the passenger carrier by road who enters into a subcontract.
A non-professional donor means the policy-maker who enters into a contract of carriage with a passenger carrier by road or with a travel intermediary and whose activity is not to organize, order or enforce, as a costly or usual way, travel, including by road.
§ 2. The professional donor shall be punished in accordance with the provisions of Article 30 if, at the time of the conclusion of the contract of carriage relating to a carriage falling under the application of the regulations and provisions referred to in Article 30, second paragraph, it failed, even by default of foresight or precaution, to ensure that the carrier has the original of the community transport licence issued to it by the competent authority; upon request of the order donor, the carrier is required to provide a photocopy of the original of this transport licence.
§ 3. At the time of the conclusion of the contract of carriage relating to a carriage falling under the application of the regulations and provisions referred to in section 30, second paragraph, the carrier is required to give the non-professional order donor a photocopy of the original of the community transport licence issued by the competent authority.
§ 4. The professional donor, the non-professional donor and their agents authorized to give instructions to the driver of the vehicle during the trip, shall be punished, in accordance with the provisions of Article 30, if they have given instructions or carried out acts that have resulted in:
1° the exceedance of the maximum authorized number of persons to be transported, as shown in the vehicle technical inspection certificate;
2° failure to comply with the requirements for driving and rest periods of vehicle drivers;
3° the maximum permissible speed of vehicles.
§ 5. The carrier and the professional donor shall be punished, in accordance with the provisions of Article 30, if the carrier has carried out a carriage at an abusively low price or if the professional donor has prompted the carrier to carry out a carriage at an unduly low price.
By "unreasonably low price", there is an insufficient price to cover both:
- unavoidable positions of the vehicle's cost of return, including tires, fuel, maintenance, depreciation and rent;
- costs arising from legal or regulatory obligations, including social, tax, insurance and security;
- costs arising from the administration and management of the company.
§ 6. The holder of the certificate or certificate of professional capacity designated, within the framework of the regulations relating to access to the profession of passenger carrier by road, to effectively and continuously direct the transport activities of the company and that did not provide that direction effectively and permanently, even by default of foresight or precaution, shall be punished in accordance with the provisions of section 30.
§ 7. Any contractual provision that would result in a reduction or deletion of the liability of the promisor, as provided for in this section, shall be deemed null and void.
§ 8. The provisions of this Article shall not apply to urban and vicinal public transport, including the regular specialized services referred to in Article 6, § 1^er, X, paragraph 1^er, 8°, of the special law of 8 August 1980 of institutional reforms, and, in this context, of short-range cross-border transport. "
CHAPTER 2. - Amendment of the Act of 4 December 2006 on the use of railway infrastructure
Art. 3. In section 26, paragraph 2, of the Act of 4 December 2006 on the use of railway infrastructure, the words ", in collaboration with the SNCB Holding," are repealed.
Art. 4. In Article 68, § 1^er, in the same law, the words ", to the officers of the railway infrastructure manager" are inserted between the words "mobility and transport" and the words "and members".
CHAPTER 3. - Amendment of the Act of 19 December 2006 on railway safety
Art. 5. Paragraph 2 is repealed in section 18 of the Railway Safety Act of 19 December 2006.
Art. 6. In Article 58, § 1^erin the same law, the words ", the manager of the railway infrastructure" are inserted between the words "of the Administration" and the words "and the security authority".
CHAPTER 4. - Inland navigation - Amendment of Article 32 of the Law of May 5, 1936 on river charter
Art. 7. Article 32, paragraph 1^er, of the law of May 5, 1936 on river charter, is replaced as follows:
"The boat is not responsible for the damage caused to the cargo by a navigational accident, even if this accident is due to a false manoeuvre in the conduct of the boat, but it must, in order to benefit from this exemption, produce evidence that it appears that the boat meets the technical conditions for inland navigation vessels, fixed by the King, and establish that at the time of the accident it was on board and that the boat had prescribed by a crew by "
CHAPTER 5. - Collection of data on the movement of workers between their homes and workplaces - Amendment of the programme law of 8 April 2003
Art. 8. In section 162 of the Program Act of 8 April 2003, the following amendments are made:
(a) in paragraph 1^er, paragraph 2, the word "also" is deleted;
(b) paragraph 2, subparagraph 1^er, is supplemented by the following sentence:
"The reference period for this calculation is the four quarters ending on the date of June 30 of the year in which the diagnosis occurs. »;
(c) in paragraph 3, paragraph 1^er, the 2° is replaced by the following:
"2° the distribution of workers according to their domicile, with reference to the main modes of movement between this home and their place of work; »;
(d) in paragraph 3, paragraph 1^er, the 3° is deleted.
Art. 9. In section 163 of the Act, as amended by the Program Act of 22 December 2003, the words "30 April" are replaced by the words "31 January".
Art. 10. Section 170 of the Act is replaced by the following provision:
"Art. 170. This chapter comes into force on 1^er January 2010. "
Art. 11. Article 15, (l), 3°, of the Act of 20 September 1948 on the organization of the economy, is supplemented by a provision, as follows:
"When there is no business council, the opinion of the union delegation is sought and communicated to the Federal Public Service Mobility and Transport. In the event of a lack of business council and union delegation, workers are informed directly about the report concerned, without the latter having yet to render an opinion. "
PART 3. - Administrative and ICT simplification
CHAPTER 1^er. - Insaisissabilité des titres-repas
Art. 12. In article 1409 of the Judicial Code, last amended by the Royal Decree of 8 December 2008, a paragraph 1 is inserted.^erter, as follows:
« § 1^erter. The titles referred to in Article 19bis of the Royal Decree of 28 November 1969 taken in execution of the law of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers cannot be seized or surrendered if they meet the conditions of Article 19bis, § 2 and 3, of the same decree.
These titles do not fall under the accumulated limits provided for in section 1411, nor do they belong to the exceptions provided for in section 1412. "
CHAPTER 2. - Simplification of the release of assets of a deceased person
Art. 13. In the Civil Code, an article 1240bis is inserted:
"Art. 1240bis . § 1^er. Unless otherwise provided by law, a debtor in good faith shall release the assets of a deceased in a liberating manner provided that they have been made to or on instruction of persons designated by a hereditary certificate written by the Receiver of the Office of Succession Rights competent for the filing of the declaration of succession of the deceased or by a certificate or heredited act written by a notary.
The certificate or certificate of heredit is issued upon request by an interested party for the release of the assets referred to in paragraph 1^er.
§ 2. The certificate or certificate issued shall in no case exempt the debtor referred to in paragraph 1^erpossible other legal obligations prescribed for the release of these assets.
§ 3. The interested party is free to address the receiver referred to in paragraph 1^erParagraph 1^eror the notary. In cases where the succession of the deceased is not exclusively devolved in accordance with the provisions of Articles 718 to 755, in the event of the presence of unable successors or in the case of provisions of last will, a contractual institution or a marriage contract in the head of the deceased, only the notary is authorized to issue an hereditary act or certificate.
§ 4. Both the act and the hereditary certificate clearly mention who are the successive ones who can claim the assets of the deceased, with mention of the following identification data: name, first name, place and date of birth, address and possibly date of death.
§ 5. The notary or receiver of the Succession Rights Office may refuse to issue a certificate or certificate of heredit if the documents submitted by the requesting party, the statements made and the research done do not allow them to designate the heirs with certainty. "
CHAPTER 3. - Administrative simplifications for ASBLs
Art. 14. In the Dutch text of Article 6, paragraph 1^er, from the law of June 27, 1921 on non-profit associations, non-profit international associations and foundations, amended by the law of May 2, 2002, the word "oproepingsbrief" is replaced by the word "oproeping".
Art. 15. In article 9, paragraph 1^er, of the same law, as amended by the law of May 2, 2002, the words "VAT identification numbers" are replaced by the words "business number".
Art. 16. Section 10 of the Act, as amended by the Acts of 2 May 2002 and 9 July 2004, is supplemented by a paragraph written as follows:
"In the event of an oral or written request, associations shall immediately grant access to the register of members to the authorities, administrations and services, including prosecutors, court offices and members of the courts, courts and all courts and officials legally authorized to do so, and shall also provide such bodies with copies or extracts of the register deemed necessary by them. "
Art. 17. ÷ article 26novies , § 1^erin the same Act, inserted by the Act of 2 May 2002, the following amendments are made:
1° paragraph 2, 3°, is repealed;
2° Paragraph 3 is repealed.
CHAPTER 4. - Electronic notarial acts
Art. 18. Article 12, paragraph 2, of the Act of 16 March 1803 containing organization of notariat, as amended by the laws of 4 May 1999 and 1^er March 2007, supplemented by the following sentence:
"For those who intervene only as a representative or agent, or who only provide assistance, only the names, first names and domicile must be mentioned. "
Art. 19. Section 13 of the Act, as amended by the Acts of 10 July 1951 and 26 June 2000, is replaced by the following provision:
“Art. 13. § 1^er. The notarial act may be received on paper or in dematerialized form.
§ 2. Paper notarial acts are established in an indelible, legibly, without abbreviations, white, gaps or intervals, without prejudice to the requirements of articles 971 to 998 and 1001 of the Civil Code relating to wills; each single or double sheet of an act with several leaflets shall bear the mention of its numbering. This mention shall be paraphnated or signed by all signatories of the act, unless the leaflet already bears their paraphe or signature; all, under the responsibility of the notary, and barely a fine of 2,50 euros against him.
§ 3. The King, by deliberative order in the Council of Ministers, prescribes the necessary measures to ensure the inalterability, confidentiality and preservation of notarial acts. "
Art. 20. Section 18 of the Act, repealed by the Act of 9 April 1980, is reinstated in the following wording:
“Art. 18. All notarialized acts received in dematerialized form, as well as a dematerialized copy of all acts received on paper, are kept in a Bank of notarial acts managed by the National Chamber of notaries which may delegate their development and operational management to the Royal Federation of Belgian notariat. Within five days after the receipt of the act, either the dematerialized act, or the dematerialized copy of the document received on paper, must be deposited and recorded in the Bank of notarial acts. This copy has the same probative value as the first one-minute shipment on paper.
This provision is not valid for wills, will revocations and contractual institutions.
The King shall determine, by order deliberately in the Council of Ministers, on the advice of the Commission on the Protection of Privacy, established by the Act of 8 December 1992 on the protection of privacy in respect of personal data processing, and after the advice of the institution that manages the Bank of notarial acts, in accordance with Article 23 and Article 458 of the Criminal Code, the manner in which and the conditions under which the Bank shall be notarie "
Art. 21. In section 20 of the Act, a paragraph is inserted between paragraphs 1^er and 2:
"The notary is not required to keep the minute of an act received in dematerialized form after it has received confirmation of the deposit of the act in the Bank of notarial acts referred to in Article 18. The Bank of notarial acts has the authentic value of the acts registered therein. "
Art. 22. Section 21 of the Act is supplemented by a paragraph written as follows:
"For notarial acts registered in the Bank of notarial acts, shipments and large ones may only be issued by notaries who are holders or depositaries of the directory prescribed by Article 29 of this Act in which these acts are registered. "
Art. 23. Section 26 of the Act is supplemented by the words "or filed in the rank of minutes. "
Art. 24. Article 29, paragraph 1^erthe same law is supplemented by the following sentence:
"He holds this directory, either on paper or in the dematerialized form determined by the National Chamber of notaries in a regulation approved by the King. "
Art. 25. Article 1317 of the Civil Code, as amended by the Act of 11 March 2003, is supplemented by a paragraph written as follows:
"However, notarial acts received in dematerialized form are established and preserved in accordance with the Act of 16 March 1803 containing the organization of the notariat. The Bank of notarial acts established in accordance with this Act has the authentic value of the acts registered therein. "
Art. 26. The King sets the effective date of this chapter.
The application of the provisions in section 20 is only mandatory for acts received from the date referred to in the preceding paragraph.
CHAPTER 5. - Amendments to the Act of 13 January 1977 approving the Convention on the Establishment of a Will Registration System, made in Basel on 16 May 1972, with a view to the introduction of a Central Register of Marriage Contracts
Art. 27. The title of the Act of 13 January 1977 approving the Convention on the Establishment of a Will Registration System, made in Basel on 16 May 1972, is supplemented by the words "and introducing a central register of marriage contracts".
Art. 28. In the same Act, section 4, whose current text will form paragraph 1^er, is supplemented by paragraph 2, as follows:
Ҥ2. The amended marriage contracts and marriage contracts are included in the central register of marriage contracts with the indication of the plan. "
Art. 29. In the same Act, an article 6/1 is inserted, as follows:
"Art. 6/1. The King shall determine, by order deliberately in the Council of Ministers, on the advice of the Commission on the Protection of Privacy established by the Act of 8 December 1992 relating to the protection of privacy with respect to personal data processing, what data relating to marriage contracts must be repeated by the Royal Federation of the Belgian notariat in the Central Register of Marriage Contracts, the form and modalities of registration, the terms and conditions of entry into the register, the date of "
Art. 30. In the same Act, an article 6/2 is inserted, as follows:
"Art. 6/2. The King may, by order deliberately in the Council of Ministers, repeal, supplement and amend the existing statutory provisions for the compulsory registration and publication of marriage contracts in order to provide a single registration system.
Royal orders under paragraph 1^er which are not confirmed by law on the first day of the twenty-fourth month following that of their publication to the Belgian Monitor, cease to have effect. "
CHAPTER 6. - Amendment of the Civil Code on how wills can be drafted
Art. 31. Article 972 of the Civil Code, amended by the Act of 16 December 1922, paragraphs 1^er and 2 are replaced by the following:
"If the will is received by one or two notaries, it must, as it is dictated by the testator, be written in accordance with Article 13, § 2, of the Act of 16 March 1803 containing the organization of the notariat. "
CHAPTER 7. - Acceleration of the purchase or sale of real estate
Art. 32. In Article 1^erParagraph 1^er, of the mortgage law of 16 December 1851, amended by the laws of 8 July 1924 and 30 June 1994, the words "the day of reception" are inserted after the words "including the authentic acts referred to in articles 577-4, § 1^erand 577-13, § 4, of the Civil Code, as well as the amendments made thereto shall be transcribed."
Art. 33. In section 2 of the Act, replaced by the Act of 10 October 1913, paragraphs 2 and 3 are replaced by the following:
"Notaries and all public or other officers, who are responsible for giving authenticity to the acts subject to transcription, will be required to require formality in the month of their date, except for acts relating to public sales or those relating to buildings located in different jurisdictions, for which the deadline is extended to two months. "
Art. 34. Section 126 of the Act, as amended by the Order of the Board of 26 June 1947, is supplemented by a paragraph as follows:
"The shipments of acts or judgments referred to in Article 1^er, including or with addition of the mention of the execution of the transcript, shall be referred to the applicant by the Conservatives in the month following the date of transcription referred to in section 1 of that Act. "
CHAPTER 8. - E-government - "Internet for All II" and "PC-Recup" projects
Art. 35. § 1^er. A package bearing the name "Internet for all" will only be approved for the purposes of article 43, provided that the seller proves that the package consists of the elements mentioned in paragraph 2 and meets the conditions, standards and requirements in accordance with paragraph 3.
§ 2. Each package consists of at least the following:
- a computer with card reader to use the electronic identity card;
- a basic software, including at least one operating system, internet browser, office suite and security software in accordance with the provisions of article 114, paragraph 2, of the Act of 13 June 2005 on electronic communications;
- a connection to a broadband network, including a 12-month subscription;
- a basic training related to the use of computer and internet.
§ 3. The King shall determine, by order deliberately in the Council of Ministers:
1° the detailed aggregation conditions and the detailed technical standards and quality requirements for each of the components referred to in paragraph 2;
2° the procedure for obtaining and maintaining the approval referred to in paragraph 1^erincluding the control provisions and provisions on the revocation of the aggregation;
3° the consequences of aggregation for the seller of an approved package, as well as the penalties for breaches of the provisions of this chapter and its enforcement orders.
Art. 36. For the purpose of applying the tax credit defined in section 44 and by derogation from section 54 of the Act of 14 July 1991 on trade practices and information and consumer protection, the seller of an Internet for All package is authorized to market, sell and offer a package consisting of the items included in section 35, paragraph 2.
Art. 37. The Federal Public Service Information and Communication Technology is responsible for the execution of and control over compliance with this chapter and its enforcement orders.
Art. 38. Section 192 of the Act of 27 December 2005 on various provisions is repealed.
Art. 39. In derogation from Article 143, § 1^er, coordinated Crown Accounting Acts on July 17, 1991, the Minister of Finance, the Minister who has the Social Integration in his powers and his Secretary of State, and the Minister who has the State's Computerization in his attrition are authorized, for the fiscal years 2009, 2010 and 2011, to establish a public market for the purpose of giving or selling computer equipment declassified from the federal public services and the public
The King establishes the conditions under which this material may be given or sold.
By derogation from sections 3 and 28 of the State Accounting Acts, coordinated on 17 July 1991, revenues derived from the sale of such equipment may be earmarked for the expenses related to the removal, cleaning and distribution of such computer equipment.
PART 4. - Finance
CHAPTER 1^er. - Promotion of private ownership of a computer
Section 1^re. - Improve private ownership of a computer by private PC
Art. 40. Article 38, § 1^erParagraph 1^er, 17°, of the Income Tax Code 1992, inserted by the Programme Law (I) of 24 December 2002, is replaced by the following:
"17° to a maximum of 550 euros per taxable period, the interventions of the employer in the purchase price paid by the worker for the purchase in the new state of a pc with or without devices, internet connection and subscription to the internet, provided that the gross taxable remuneration of the worker does not exceed 21,600 euros and without the employer being able at any time to own the aforementioned elements. With respect to the purchase of a pc or peripherals, this exemption is granted only once per period of three taxable periods; "
Art. 41. In the same Code, an article 533 is inserted, as follows:
"Art. 533. Article 38, § 1^erParagraph 1^er, 17°, as it existed before being replaced by section 40 of the Act of May 6, 2009, with various provisions, remains applicable to interventions by the employer in the execution of bids that are made before 1^er January 2009. "
Art. 42. This section produces its effects on 1^er January 2009.
Section 2. - Improve the private ownership of a computer by means of an Internet for All II project
Art. 43. It is charged a tax credit on the tax of natural persons or, for taxpayers referred to in section 227, 1°, of the Income Tax Code 1992, on the tax of non-residents, for expenditures actually paid of 1^er May 2009 to 30 April 2010 for the purchase of an Internet for All approved package referred to in section 35.
Art. 44. The amount of the tax credit referred to in section 43 is equal to 21 p.c. of the purchase price, excluding VAT, of the approved package as defined by the King with a maximum per taxpayer of 147.50 euros in the case of an office computer and 172 euros in the case of a laptop.
This amount is charged in full on the tax of natural persons or, for taxpayers referred to in section 227, 1°, of the Income Tax Code 1992, on non-resident tax.
The potential surplus is charged on additional taxes and the surplus is returned as long as it reaches 2.50 euros.
Art. 45. However, the measure is not applicable for the same year and for the same equipment:
- costs that are considered, in whole or in part, as actual professional costs;
- where the taxpayer is granted exemption under section 38, § 1^erParagraph 1^er, 17°, of the Income Tax Code 1992.
Art. 46. The taxpayer seeking the imputation of the tax credit must make available to the Federal Public Service Finance:
- the invoice or proof of purchase, in addition to the purchase price, the serial number of the purchased package;
- the attestation stipulating that the package conforms to the criteria specified in section 35;
- proof of payment of the amount on the invoice or proof of purchase.
CHAPTER 2. - Amendments to the Income Tax Code 1992
Art. 47. In Article 69, § 1^erParagraph 1^er, 3°, of the Income Tax Code 1992, inserted by the law of 27 December 2004 and amended by the law of 25 April 2007, the words "to secure professional premises" are replaced by the words "to secure professional premises and their content".
Art. 48. In article 376, § 3, 1 and 2 of the same Code, replaced by the Act of 15 March 1999 and amended by the Act of 10 August 2001, the word "three" is replaced by the word "five".
Art. 49. Section 47 sets out its effects for capital assets acquired or incorporated for a taxable period that is related to the 2009 taxation year or a subsequent taxation year.
CHAPTER 3. - Mobility
Art. 50. In article 44ter , § 2, 4°, of the Income Tax Code 1992, inserted by the law of April 25, 2007, the words "shall simultaneously meet at least two of the following conditions:" are replaced by the words "shall simultaneously meet at least two of the following conditions, with the exception of inland navigation vessels of not less than 1,500 tonnes of capacity that must meet only the condition referred to in (a) below:".
Art. 51. Section 50 is applicable to surplus-values made from 1^er January 2009 and as long as the date of completion is not earlier than the taxable period that relates to the 2010 taxation year.
PART 5. - Employment
CHAPTER 1^er. - Amendment of the Act of 4 August 1996 on the welfare of workers during the execution of their work
Art. 52. Section 30 of the Act of 4 August 1996 on the welfare of workers during the performance of their work is repealed.
CHAPTER 2. - Maternity protection
Art. 53. In section 39 of the Labour Act of 16 March 1971, paragraph 2 is replaced by the following:
"The worker cannot perform any work from the seventh day preceding the alleged date of delivery until the end of a nine-week period that takes place on the day of delivery. The nine-week period begins to run the day after the day of delivery when the worker began work on the day of delivery. "
Art. 54. Paragraph 2 is replaced by the following in section 114 of the Act of 14 July 1994 on Compulsory Health Care Insurance and Coordinated Indemnities on 14 July 1994, replaced by the Program Act of 9 July 2004.
"The postnatal rest extends to a nine-week period that takes place on the day of delivery. The nine-week period begins to run the day after the day of delivery when the worker began work on the day of delivery. This period may be extended up to the period during which the holder continued the work or controlled unemployment from the sixth to the second week included before delivery and from the eighth to the second week included in the case of multiple birth. The King may determine the periods that may be assimilated for the extension of postnatal rest to a period during which the holder continued to work or to be unemployed during the above-mentioned period. "
Art. 55. The provisions of this chapter come into force on 1^er March 2009 and are applied to deliveries that occur from that date.
CHAPTER 3. - Industrial accidents
Section 1^re. - Adoption
Art. 56. Section 14 of the Labour Accidents Act of 10 April 1971, as amended by the Act of 29 April 1996, the following amendments are made:
1° to § 1^erthe words "before death" are repealed;
2° in § 3, the words "Article 365" are replaced by the words "Article 353-15";
Paragraph 5 is replaced by the following:
Ҥ 5. The provisions of this section apply only to simple adoption. "
Art. 57. In section 17bis of the Act, inserted by the Act of July 13, 2006, paragraph 1^er is replaced by the following:
"In the event of the establishment of filiation or granting of adoption after the death of the victim and if such filiation or adoption has an influence on the rights of other eligible persons, the latter has no effect on the application of this section until the day on which the final decision establishing filiation or granting adoption is notified to the insurance company. "
Section 2. - Telework
Art. 58. Section 7 of the Labour Accidents Act of 10 April 1971 is supplemented by a paragraph written as follows:
"The accident that occurs to the teleworker is presumed, until proven otherwise, during the performance of the work contract:
1° if it occurs on the place or places that the latter has chosen in writing as the place of execution of his work;
2° if it occurs during the period of the day provided in writing as a period during which the work can be performed. ÷ the absence of such a reference in the written agreement, the presumption will apply during the working hours that the teleworker should precede if occupied in the employer's premises. "
CHAPTER 4. - Alcohol and drug policy in the company
Art. 59. Section 14 of the Act of 8 April 1965 establishing the working regulations, as amended by the Acts of 12 August 2000, 11 June 2002, 27 December 2006 and 3 June 2007, is supplemented as follows:
"(v) the points of departure and objectives of the alcohol and drug policy in the company, as well as the statement of policy or intent on the same policy, established by the employer, within the framework of a collective labour agreement concluded within the National Labour Council concerning the implementation of a preventive policy on alcohol and drugs in the company. "
CHAPTER 5. - Increased scope of the Professional Experience Fund
Art. 60. In section 27 of the Act of 5 September 2001 to improve the employment rate of workers, as amended by the Act of 27 December 2004, a paragraph is inserted between paragraphs 1^er and 2:
"Workers are assimilated for the purposes of this section, workers dismissed as part of a restructuring within the meaning of section 33 of the Act of 23 December 2005 on the pact of solidarity between generations, which have entered a reconversion cell. "
PART 6. - Social affairs
CHAPTER 1^er. - National Social Security Office
Section 1^re. - Voluntary contributions
Art. 61. Article 6, § 3, of the Law of 3 July 2005 on the Rights of Volunteers, is supplemented by the words "and the minimum conditions of guarantee when it extends the insurance contracts provided for in § 1^er under § 2.
Art. 62. Section 10 of the Act of 3 July 2005 on the Rights of Volunteers, as amended by the Acts of 27 December 2005 and 19 July 2006, is supplemented as follows:
"In the head of the volunteer, it is forbidden to combine the lump sum allowance and the actual costs.
However, it is possible to combine the lump sum allowance and the reimbursement of actual travel expenses for up to 2000 kilometres per year per volunteer.
With respect to the use of a personal car, these actual travel expenses are fixed in accordance with the provisions of Article 13 of the Royal Decree of January 18, 1965, which regulates general travel expenses. The actual travel expenses related to the use of a personal bicycle are fixed in accordance with the provisions of Article 6 of the Royal Decree of 20 April 1999 providing compensation for the use of the bicycle to the staff of certain public services. The maximum amount that can be allocated annually by volunteer for the use of public transport, the car or personal bicycle, cannot exceed 2000 times the kilometric allowance set out in section 13 of the Royal Decree of 18 January 1965, which regulates general course fees. "
Section 2. - Dredging sector
Art. 63. In Article 37ter of the Law of 29 June 1981 establishing the general principles of social security for workers in the Netherlands, as amended by the Law of 20 July 2005, the words "werkzaamheden op zee" are replaced by the words " vervoer op zee".
Art. 64. Article 63 produces its effects on 1^er July 2005.
Section 3. - Scientific research
Art. 65. Article 185, § 1^er, of the Act of 29 April 1996 on social provisions, as amended by the Act of 24 December 1999, is supplemented by a paragraph written as follows:
"It is not taken into account the salary model contribution referred to in Article 38, § 3bis, paragraph 1^er, of the same law, which would not have been calculated on the basis of the employer contributions referred to in Article 38 above, § 3, 1° to 8°, and § 3bis, paragraphs 1^er and 2, of the same law. "
Art. 66. This section comes into force on 1^er January 2009.
Section 4. - Worker compensation fund terminated
Art. 67. In section 58, § 3, of the Act of 26 June 2002 on business closures, replaced by the Act of 11 July 2006, the sentence "For the purposes of section 33, the payment of contributions shall be made only from the quarter following the four-quarter period in which the company held at least ten workers on average. is repealed.
Art. 68. This section produces its effects on 1^er January 2009.
Section 5. - Prescription
Art. 69. In section 75 of the Program Act of 22 December 2008, the following amendments are made:
1° the words « article 42, paragraph 1^er and 3 are replaced by the words "Article 42, paragraph 1^er and 2";
2° the words "the effective date of section 71" are replaced by the words "the effective date of section 74".
Art. 70. Section 5 produces its effects on 1^er January 2009.
CHAPTER 2. - ONSSAPL - Police reform and enforcement of sanctions in the event of the late introduction of the social security declaration, incomplete or inaccurate declaration
Art. 71. Section 3 of the Act of 1^er August 1985, amending the Act of 24 February 2003, is supplemented as follows:
"When statements for local police zones are made by the Central Service for Fixed Expenditures (SCDF) pursuant to section 140ter 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 SCDF.
When the SCDF provides, on the basis of the closing dates and payment times in the annual calendar, evidence that this Service does not bear any responsibility for this late introduction of the declaration, the ONSAPL will charge the penalties for late return of the statement to the Secretariat of the Integrated Police (SSGPI).
When the SSGPI in turn provides, on the basis of the closing dates and payment in the annual calendar, evidence that the Secretariat does not assume any responsibility for the late introduction of the declaration, the ONSAPL will charge the penalties for the late return of the statement to the police area concerned. The ISGS introduces all data, received before the tenth calendar day of each month, before the next closing date.
The annual closing and payment dates are published in the Belgian Monitor.
The King may determine the terms and conditions for the application of these provisions. "
CHAPTER 3. - National Institute of Disability Insurance Collective Debt Regulation
Art. 72. In article 31bis , § 2, first paragraph, of the law of 29 June 1981 establishing the general principles of social security of employed workers, inserted by the law of 13 December 2005, the words " 1^er January 2007: » are replaced by the words "1^er July 2010: ".
CHAPTER 4. - Administration contracts
Art. 73. Section 8 of the Royal Decree of 3 April 1997 on measures for the accountability of public social security institutions, pursuant to section 47 of the Act of 26 July 1996 on social security modernization and the sustainability of legal pension schemes, as amended by the Act of 9 July 2004, is supplemented by a paragraph 5, which reads as follows:
“§ 5. By derogation from § 1^er, the second administration contract is concluded for a period of four years.
The second contract of administration is the subject of a report by the Minister of Guardianship to the Council of Ministers, within the thirty-ninth month of its entry into force.
By derogation from § 1^er, the first contract of administration between the Belgian State and the Office of Social Security of Outre-Mer, extended in full right, ends on the same date as the second contract of administration referred to in paragraph 1^er and is the subject of the report referred to in paragraph 2 at the same time as the second contract.
Following the discussion of the report, the Council of Ministers may direct the Minister of Guardianship to enter immediately, by derogation from § 2, paragraph 1^ernegotiations for a new administration contract. "
PART 7. - Public health
CHAPTER 1^er. - Amendment of the Programme Law (I) of 24 December 2002
Art. 74. In section 261, 2°, of the Program Law (I) of December 24, 2002, the words "physicians, dentists, pharmacists, physiotherapists, nurses, practitioners of a paramedical profession within the meaning of section 22 of" are replaced by the words "the professions of health care referred to by".
Art. 75. Article 270, § 1^erthe same programme law, as amended by the laws of 23 December 2005 and 13 December 2006, are amended as follows:
1° to paragraph 1^erthe words "ten nine members" are replaced by the words "20 and one members";
2° paragraph 1^er is completed by the 12th grade, as follows:
"12° two members proposed by professional organizations representative of nurses";
3° in paragraph 4, the words "and 10°" are replaced by the words ", 10° and 12°";
4° in paragraph 5, the words "and 10°" are replaced by the words ", 10° and 12°";
5° in paragraph 8, the words "and 9°" are replaced by the words ", 9° and 12°".
CHAPTER 2. - Amendment of the Act of 21 April 2007 appointing representatives of home nurses to the Nursing Associations Committee
Art. 76. In section 4 of the Act of 21 April 2007 denoting representatives of home nurses to the Nursing Associations Commission, as amended by the Act of 24 July 2008, the following amendments are made:
1° in paragraph 2, fifth dash, the words "have been perceived during" are replaced by the words "refer to";
2° in paragraphs 3, 4 and 5, paragraph 5, the words "Minister with Social Affairs in his or her duties" are replaced by the words "Director of the Health Care Service of the National Institute of Disability Insurance";
3° in paragraph 5, paragraph 1^er, the words ", at the administrative seat of the professional association that wishes to be recognized as representative", are repealed;
4° in paragraph 5, paragraph 3, the word "during" is replaced by the words "related to".
Art. 77. Section 76 comes into force on the same day as the Act of April 21, 2007 designateing the representatives of home nurses to the Nursing Associations Commission.
CHAPTER 3. - Amendment of the Act of July 15, 1985 on the use of hormone-effect substances, anti-hormonal effect, beta-adrenergic effect or stimulator effect of production in animals
Art. 78. Section 2 of the Act of 15 July 1985 on the use of hormone-effect, anti-hormonal-effect, beta-adrenergic or stimulative effects of production in animals, as amended by the Acts of 17 March 1997 and 9 July 2004, is supplemented by a 6°, as follows:
"6° sample: sampling on the animal or any substance or material."
Art. 79. In section 8 of the Act, amended by the Act of 17 March 1997 and the Royal Decree of 22 February 2001, amendments are made:
1° Paragraph 3 is replaced by the following:
"If at least one result of the analysis of samples taken or, if any, of the counter-analysis, is positive, all animals subject to provisional seizure are placed under permanent control by the persons referred to in section 6 at the operation of the individual and at the expense of the person concerned. Complementary samples must be taken by persons referred to in section 6 for the search for unauthorized substances referred to in sections 3 and 4 of this Act."
2° in paragraph 5, the words ", for animals treated in contravention of the provisions of this Act or its enforcement orders" are repealed.
CHAPTER 4. - Amendment of the Protection and Welfare of Animals Act of 14 August 1986
Art. 80. In article 3bis , § 2, 3°, paragraph 2, of the Act of August 14, 1986 on the protection and well-being of animals, the words "It also sets the tariff and rules for the payment of the royalty for the application of the licence referred to in (b)." are inserted between the words "for the application of (a) and (b). and the words "It can also fix special conditions".
Art. 81. Article 34, § 2, of the Act, is supplemented by a paragraph written as follows:
"They may require the assistance of the police forces for missions where a risk to the security of persons may be identified. "
Art. 82. In section 41 of the Act, the words "of a fine of a franc to 25 francs" are replaced by the words "of a fine of 26 euros to 250 euros".
PART 8. - Pensions
CHAPTER 1^er. - Supplementary pensions
Art. 83. Section 14 of the Act of 27 October 2006 on the Control of Professional Retirement Institutions is replaced by the following:
“Art. 14. § 1^er. Except for affiliates concerned only by the activities referred to in Article 55, paragraph 1^er, 2°, each affiliate company must be a member of the pension financing organization as long as it is responsible for the management of its or its pension plans.
§ 2. Can be members of the pension fund organization:
1° the affiliate company(s);
2° affiliates or beneficiaries, or their representatives;
3° other companies related to or associated with one of those referred to in 1°, as defined in Articles 11 or 12 of the Corporate Code of 7 May 1999.
Members referred to in paragraph 1^er, 1° and 2°, must possess at least two thirds of the voting rights in the general assembly together.
§ 3. The General Assembly consists of all members of the pension fund organization.
The statutes may divide members into ordinary and extraordinary members.
Each ordinary member has at least one voice.
Extraordinary members have no voice unless the statutes decide otherwise.
§ 4. The pension funding organization has at least one ordinary member.
The statutes provide for a procedure so that the pension funding agency cannot operate without an ordinary member for more than six months.
Without prejudice to the provisions of section V, if, at the end of the period referred to in paragraph 2, the pension fund organization does not have an ordinary member, the extraordinary members or, if not, the board of directors, may decide the dissolution of the pension fund organization. If there is no agreement between the extraordinary members or the board of directors, each extraordinary member and each member of the board of directors may require the dissolution of the body. "
Art. 84. The following amendments are made to section 15 of the Act:
1° in paragraph 1^er, the words "a permanent representative" are replaced by "at least one permanent representative";
2° in paragraph 2, the words "This representative" are replaced by the words "Each representative" and the words "his representative" are replaced by "a representative".
Art. 85. In section 21 of the Act, the words "and which have a competence of representation vis-à-vis third parties" are deleted.
Art. 86. Section 23 of the Act is replaced by the following:
“Art. 23. When a corporation is appointed as a member of an operating body of a pension fund organization, it is required to designate a permanent representative from among its associates, managers, administrators, board members or workers to carry out this mission on behalf of and on behalf of the corporation.
This representative shall be subject to the same conditions and shall be liable to the same civil and criminal responsibilities as if he carried out this mission in his own name and account, without prejudice to the solidarity of the legal person he represents. The latter can only revoke its representative by simultaneously appointing its successor. "
Art. 87. Section 29 of the Act is supplemented by a paragraph written as follows:
"A affiliates and affiliates or their representatives shall constitute the majority of the board of directors of the pension fund organization. "
Art. 88. In section 36 of the Act, the following amendments are made:
1° in paragraph 1^er5°, the words "Article 14, § 1^erParagraph 2 is replaced by the words "Article 14, § 4, paragraph 2";
2° the article is supplemented by a paragraph written as follows:
"In the case referred to in paragraph 1^er, 5°, the application may also be filed by an extraordinary member or a member of the board of directors of the pension fund organization under the conditions referred to in article 14, § 4, paragraph 3. "
Art. 89. In section 49, paragraph 2, 2°, of the same law, the words "members of operational bodies" are replaced by the words "administrators".
Art. 90. Section 59 of the Act is replaced by the following:
"Art. 59. CBFA sets out the list of registered professional pension institutions. The list indicates for which of the two activities referred to in Article 55, paragraph 1^er, the institution is approved and, where applicable, the Member States other than Belgium in which the institution carries out a cross-border activity. This list and all modifications made to it are published on the CBFA website. "
Art. 91. In section 61, paragraph 1^er, of the same law, the sentence "It is published in the Belgian Monitor. is repealed.
Art. 92. In section 67 of the Act, the words "In the two months of the communication referred to in section 66" are replaced by the words "Once they are received".
Art. 93. In section 68 of the Act, the words "on the expiry of the period referred to in this Act" are replaced by the words "on the expiry of a two-month period beginning on the date of the communication of the record referred to in section 66".
Art. 94. In Article 75, 1°, of the same Law, the words "in Article 32, § 1^er, paragraph 4" are replaced by the words "in Article 3, § 1^erParagraph 4."
Art. 95. The following amendments are made to section 98 of the Act:
1° in paragraph 1^erthe words "annual accounts and" are deleted;
2° a paragraph written as follows is inserted between subparagraphs 1^er and 2:
"The professional pension institution shall communicate to the CBFA the annual accounts projects no later than the date fixed by the CBFA. »;
3° in paragraph 4, which became paragraph 5, the words "or, if not, by the decision-making body" are deleted.
Art. 96. Section 103 of the Act is supplemented by a paragraph, which reads as follows:
"The provisions of Book IV, Title VII, of the Code of Companies relating to Commissioners are applicable to registered commissioners and approved review companies designated by professional pension institutions. For the purposes of this Act, the words "associated", "code", "society" and "trade tribunal" used in the Code of Societies agree to be "members", "law", "professional pension institution" and "first instance court". "
Art. 97. In section 122, paragraph 2, of the Act, the words "the return of assets" are replaced by the words "the net return of assets".
Art. 98. The following amendments are made to section 130 of the Act:
1° paragraphs 2, 3 and 4 are repealed;
2° to paragraph 1^erwhich will form paragraph 1^er, is added a paragraph, to read:
"A decision to revoke the accreditation is notified to the professional pension institution. »;
3° it is inserted a paragraph 2, which reads as follows:
“§2. Accreditation expires in full right if the professional pension institution is dissolved. »;
4° the article is supplemented by a paragraph 3, which reads as follows:
Ҥ3. Without prejudice to section 59, CBFA may, if it considers that the safeguarding of the rights of affiliates and beneficiaries requires it, publish in the manner it determines and at the expense of the relevant professional pension institution, a notice of revocation or expiry of the full right of the approval. This notice mentions the date on which the revocation or expiry of the right produces its effects. "
Art. 99. Section 143 of the Act is supplemented by a paragraph, which reads as follows:
"CBFA sets out the list of professional pension institutions of member states other than Belgium that operate across borders in Belgium. This list and all modifications made to it are published on its website. "
Art. 100. In Title III, Chapter IV, of the Act, an article 148/1 is inserted, which reads as follows:
"Art. 148/1. § 1^er. Where the competent authorities of the Member State of origin have prohibited the free disposition of assets belonging to a professional pension institution located in their territory, these authorities may request that this prohibition be effective with respect to assets held by a depositary or preservative established in Belgium.
§ 2. The Member State of origin shall apply to the CBFA and shall designate the assets that are covered by these measures.
The CBFA shall notify depositaries or preservatives of these assets of the prohibition imposed by the competent authorities of the Member State of origin. The prohibition is effective from the receipt of the notification.
§ 3. If the assets included include real property, they are subject to a legal mortgage for the benefit of all affiliates and beneficiaries of pension plans managed by the professional pension institution.
The provisions of Article 120, § 2, paragraphs 2, 4 and 5, shall apply.
If the assets concerned include movable property that may be deposited, they are subject to the provisions of Article 120, § 3.
The King may set the rules on precautionary measures to which non-depository values may be submitted. "
Art. 101. Article 158, § 2, of the Act, paragraph 1^er is replaced by the following:
"CBFA sets out the list of registered professional pension institutions. This list and any changes made to it are published on its website. "
Art. 102. The following amendments are made to section 167 of the Act:
1° in paragraph 1^erParagraph 2 is repealed;
2° in paragraph 2, paragraph 2, the words "before 1^er January 2007 » are deleted.
Section 167 as amended comes into force on the day of the publication of this Act to the Belgian Monitor.
Art. 103. In Article 173, § 2, of the same Law, the words "Companies and security funds of existence which, under Articles 165 and 170, § 2, are replaced by the words "Companies, entities and legal entities of public law, and security funds of existence which, under Articles 165, 168, § 1^erparagraphs 2, and 170, § 2, and the words "1^er January 2008" are replaced by the words "1^er January 2010".
Art. 104. The provisions of this chapter come into force on the day of the publication of this Act to the Belgian Monitor, except:
1° of articles 94 and 103, which produce their effects on 1^er January 2007;
2° of section 95, 1° and 2°, which is applicable to the annual accounts of the year 2008.
CHAPTER 2. - Repeal of articles 66 to 68 of the Act of 30 December 1992 on social and other provisions
Art. 105. In title 2, chapter 2, of the Act of 30 December 1992 on social and other provisions, section 1 of the Act, comprising sections 66 to 68, is repealed.
Art. 106. In article 37 of Royal Decree No. 50 of 24 October 1967 concerning the retirement and survival pension of employed workers, inserted by the law of 25 January 1999, the 2nd and 4th are repealed.
Art. 107. This chapter comes into force on the first day of the second month following its publication in the Belgian Monitor.
CHAPTER 3. - Amendments to Royal Decree No. 50 of 24 October 1967 concerning the retirement and survival pension of employed workers
Art. 108. Article 49bis, paragraph 3, of Royal Decree No. 50 of 24 October 1967 concerning the retirement and survival pension of employed workers, inserted by Royal Decree No. 513 of 27 March 1987 and replaced by the law of 25 January 1999, is supplemented by the following sentence:
"With the Council's agreement, however, the deputy head may delegate to one or more staff members all or part of the powers conferred upon him. "
Art. 109. This chapter comes into force on the first day of the second month following its publication in the Belgian Monitor.
CHAPTER 4. - Amendment of the Act of 22 March 2001 establishing the guarantee of income to older persons
Section 1^re. - Extension of the personal scope of the Act of 22 March 2001 establishing the guarantee of income to older persons
Art. 110. Article 4, paragraph 1^er, of the Act of 22 March 2001 establishing the guarantee of income to the elderly, is supplemented by a 7°, which reads as follows:
"7° nationals of a State party to the European Social Charter of the Council of Europe, signed in Turin on 18 October 1961 and approved by the law of 11 July 1990. "
Art. 111. This section shall enter into force on the date fixed by the King.
Section 2. - Abolishment of the allowance paid by the National Pension Board to the Principal Inspectors from a Tax Administration
Art. 112. Article 13, § 2, of the Act of 22 March 2001 establishing the guarantee of income to older persons, paragraph 3 is repealed.
Art. 113. This section produces its effects on 1^er January 2009.
Section 3. - Notification of decisions by regular letter
Art. 114. In Article 5, § 5, of the Act of 22 March 2001 establishing the guarantee of income to the elderly, the last sentence is replaced by the following provision:
"The decision is notified to the individual by ordinary letter. However, the decision to rehearse the wrongdoer and the decision to be executed are notified together by registered letter to the position. "
Art. 115. This section comes into force on the first day of the second month following its publication in the Belgian Monitor.
CHAPTER 5. - Cotisation de solidarité sur les pensions
Art. 116. The Royal Decree of 1^er July 2008 implementing Article 68, § 10, of the Act of 30 March 1994 on social provisions, is confirmed with effect on the date of its entry into force.
Art. 117. This chapter produces its effects on 1^er July 2008.
PART 9. - Independent, SMEs, Food Security and Science Policy
CHAPTER 1^er. - Amendment of the Act of 25 April 2007 on various provisions (IV) relating to the protection of the main residence of the independent worker
Art. 118. Section 72 of the Act of 25 April 2007 on various provisions (IV) is supplemented by the following paragraphs:
"To determine the profession as a principal, the cumulative number of separate independent activities that together constitute the profession as a principal is taken into account.
An independent professional activity within the meaning of paragraph 1. "
Art. 119. Section 73 of the Act is supplemented by the following paragraph:
"The commitment of an independent worker not to make a declaration in the future is in absolute nullity. "
Art. 120. Section 82 of the Act is supplemented by paragraph 3, which reads as follows:
"The fees referred to in paragraph 1^er are due only once when the declaration or revocation concerns an independent worker and his or her spouse helping or two independent married or legal cohabiting workers who jointly carry out their activities in the same settlement unit. "
CHAPTER 2. - Amendment of the Act of 9 December 2004 on the financing of the Federal Agency for Food Chain Security
Art. 121. ÷ section 2 of the Act of 9 December 2004 on the financing of the Federal Agency for Food Chain Security, the following amendments are made:
1° in 3°, the words "public health" are replaced by the words "food chain security";
2° the 7° is replaced by the following:
"7° operator: the natural, non-employed person, the company within the meaning of Article 4 of the Act of 16 January 2003 establishing a Bank-Carrefour des entreprises, modernizing the register of trade, creating approved business windows and carrying various provisions, or the association of public law or private law, ensuring, for a profit or not, activities related to the stages of production, processing and distribution; "
Art. 122. Article 11, § 1^er, 2 and 2 bis, of the Act of 9 December 2004 on the financing of the Federal Agency for the Safety of the Food Chain, supplemented by the Act of 27 December 2005, is replaced by the following provision:
“Art. 11. § 1^er. The amount of contributions and contributions, unpaid at the payment deadline, is straight and automatically increased by 10%.
It is sent by recommended a payment reminder that sets a final payment deadline.
The amount of contributions and awards, as well as that of the increase, are automatically and in full double when they remain unpaid at the end of the final payment period.
In the event of a persistence of total or partial non-payment, a stipulation shall be sent, which shall take the deferral interest calculated at the legal rate, covering such amounts as increased in that manner.
The text of the present paragraph remains unchanged.
The King sets the deadlines and procedures for notification of reminders and restraining.
§ 2. Before the expiry date referred to in subsection 1^erParagraph 1^erthe operator may, by registered letter to the position with the Agency's delegated administrator, file a reasoned appeal to which supporting documents are attached.
This appeal suspends the deadline for sending reminders and remains.
Within 30 days of receipt of such appeal, the delegated administrator shall notify the operator of the decision with, where appropriate, a new invitation to pay the amount owing, increased, in the event that the appeal was declared unfounded, in accordance with the provisions of paragraph 1^erParagraph 1^er.
§ 2bis . Before the expiry date referred to in subsection 1^erParagraph 1^er, the operator who is unable to pay the contributions and contributions within the time limit, may submit, by registered letter to the position, a request to the delegated administrator for terms and time, to which the supporting documents are attached.
This request suspends the application of the measures referred to in paragraph 1^erParagraphs 1^er and 2.
The delegated administrator, taking into account the operator's situation, may defer or phase, within two years, the payment of the amount owing.
It may not be granted a suiting plan during the course of a previous posting plan.
The decision of the delegated administrator is notified to the operator.
The decision to refuse to grant terms and times automatically results in the application of the measures referred to in paragraph 1^erParagraphs 1^er and 2.
Failure to comply with the affixing plan shall, in full right, trigger the termination of the term and the immediate application of the measures referred to in paragraph 1^erParagraphs 1^er and 2. "
Art. 123. In section 12 of the Act, as amended by the Act of December 21, 2007, the words "second stipulation" are replaced by the words "remaining".
CHAPTER 3. - Science policy
Section 1^re. - Amendment of the Act of 7 May 1999 establishing, within the Federal Services for Scientific, Technical and Cultural Affairs, a separate management state service called "Belgian Research Telematics Network, BELNET"
Art. 124. Section 3 of the Act of 7 May 1999 establishing, within the Federal Services for Scientific, Technical and Cultural Affairs, a separate state service known as the "Belgian Telematics Research Network, BELNET" is replaced by the following provision:
“Art. 3. § 1^er. The purpose of BELNET is to contribute to the deployment of the knowledge and information society through the provision and consolidation of innovative and quality network infrastructure and services to it for the benefit of research, science and education. In this context, BELNET provides advanced telematics services to its users.
§ 2. BELNET may carry out all activities that are compatible with or may, either directly or indirectly, contribute to the implementation of the activities referred to in § 1^er, such as the exploitation of the Belgian internet node for the benefit of the sector (the Belgian National Internet eXchange, shortened "BNIX") and the development, operation and management of telematic activities and networks on demand and for the benefit of public authorities, administrations and public institutions. "
Art. 125. Section 4 of the Act is supplemented by a second paragraph, which reads as follows:
"The King may also, by order deliberately in the Council of Ministers, determine the conditions of pay for contractual ICT staff in charge of the separate state service budget. "
Section 2. - Amendment of the Archives Act of 24 June 1955
Art. 126. In Article 1^er of the Archives Act of 24 June 1955, the following amendments are made:
1° paragraph 3 is repealed;
2° the former paragraphs 4, 5 and 6 become paragraphs 3, 4, 5 respectively;
3° in subparagraphs 1^er at 3, the words "100 years" are replaced by the words "30 years";
4° to paragraph 1^erthe words "and the provinces" are replaced by "the provinces and public institutions that are subject to their control or administrative oversight";
5° to paragraph 1^er, the words "in good condition, orderly and accessible" are inserted between the words "provided" and "State Archives";
6° in paragraph 2, the words "that are subject to their control or administrative supervision" are inserted between the words "public institutions" and "may";
7° in paragraph 4, the words "or private associations" are replaced by the words "private corporations or associations";
8° in the French version:
(a) in paragraph 3, the words "in deposit" are replaced by "in payment";
(b) in paragraph 5, the word "deposits" is replaced by the word "payments" and the words "transfer" are deleted;
9° in the Dutch version:
(a) in subparagraphs 1^er, 2 and 3, the words "in het Rijksarchief" and "neergelegd" are replaced respectively by the words "naar het Rijksarchief" and "overgebracht";
(b) in paragraph 4, the word "bijzondere" is deleted;
c) in paragraph 5, the words "neerlegging" are deleted and the second word "neerlegging" is replaced by "overbrenging".
Art. 127. In section 2 of the Act, the following amendments are made:
1° the words "or society or private law association" are inserted between the words "private persons" and "who has operated the transfer of them";
2° in the French version, the word "paid" is replaced by the word "seated";
3° in the Dutch version, the word « geplaatste » is replaced by the word « berustende ».
Art. 128. In article 3, paragraph 1^erthe following amendments are made to the Act:
1° the word "deposed" is replaced by the word "paid";
2° the words "A rules of procedure, decreed by the Minister of Public Instruction, determines the terms according to which they are communicated to the researchers" are replaced by the words "The King determines the terms according to which they are communicated to the public, including the access and operation of the reading room, the material conditions that limit access to documents and the conditions of reproduction".
Art. 129. Section 4 of the Act is replaced as follows:
“Art. 4. The King also determines the conditions under which documents resting on the State Archives under Article 1^er, paragraphs 3 and 4, may be consulted, including access and operation of the reading room, material conditions that limit access to documents and conditions of reproduction".
Art. 130. Articles 1^er and 5 of the Dutch version of the same law, the word "bescheiden" is replaced by the word "archiefdocumenten".
Art. 131. Section 6 of the Act is supplemented by the following paragraph:
"The King determines how this surveillance must be exercised. "
Art. 132. In the same law is inserted an article 6bis, which reads as follows:
"Art. 6bis . The King shall determine the duration of the transitional period and the conditions under which the payment of the documents referred to in Article 1^erParagraph 1^er, may be phased when this Act comes into force. "
PART 10. - Economy
CHAPTER 1^er. - Use of partitions in teaching
Section 1^re. - Amendment of the Act of 30 June 1994 on copyright and neighbouring rights
Art. 133. In Article 22, § 1^er, of the Act of 30 June 1994 on copyright and neighbouring rights, last amended by section 83 of the Act of 22 December 2008 on various provisions (I), 4°bis is replaced by the following:
« 4°bis . The fragmentary or integral reproduction of articles, partitions, works of plastic or graphic art or that of short fragments of other works when this reproduction is carried out on paper or on a similar medium, by means of any photographic technique or of any other method producing a similar result, for the purpose of illustrating the teaching or scientific research, to the extent justified by the non-profit pursued and which does not bear any less prejudice to the work "
Art. 134. Section 133 comes into force on the date fixed by the King.
Section 2. - Amendment of the Act of 22 May 2005 transposing the European Directive 2001/29/EC of 22 May 2001 on the harmonization of certain aspects of copyright and neighbouring rights in the information society
Art. 135. In article 4 of the law of 22 May 2005 transposing the European Directive 2001/29/EC of 22 May 2001 on the harmonization of certain aspects of copyright and neighbouring rights in the information society, c) is repealed.
Art. 136. In section 40 of the Act, the word ", c)" is deleted.
Art. 137. This section comes into force on the day of the publication of this Act to the Belgian Monitor.
Section 3. - Amendment of the law of 4 December 2006 transposing Directive 2001/84/EC of the European Parliament and of the Council of 27 September 2001 on the right of action to the benefit of the author of an original work of art
Art. 138. In Article 7 of the Law of 4 December 2006 transposing in Belgian law Directive 2001/84/EC of the European Parliament and of the Council of 27 September 2001 on the right of action for the benefit of the author of an original work of art, c) is repealed.
Art. 139. In section 9, paragraph 2, of the Act, the following amendments are made:
1° the words "7, (b) and (c)" are replaced by the words "7, (b)";
2° the words "4, (b) and (c)" are replaced by the words "4, (b)".
Art. 140. This section comes into force on the day the publication of this Act to the Belgian Monitor.
CHAPTER 2. - Amendment of the Act of 16 June 1970 on units, standard and measuring instruments
Art. 141. In article 31, paragraph 2, of the Act of 16 June 1970 on units, standardions and measuring instruments, the words "and 13, § 3" are replaced by the words "and 13, § 4".
CHAPTER 3. - Amendment of the Law on the Protection of Economic Competition
Art. 142. In articles 1^er, 29, 34, 36, 37, 41, 44, 46, 55, 70, 71, 74, 88 and 96, as well as in the title of Chapter III, Section 2, of the Law on the Protection of Economic Competition, coordinated on 15 September 2006, the words "Competition Service" are replaced by the words "Competition Branch".
Art. 143. In section 13 of the Act, the words "on the understanding that after three years, the President and the Vice-President shall invert their function" are deleted.
Art. 144. Section 18 of the Act is supplemented by a paragraph 4, which reads as follows:
Ҥ4. Members of the General Assembly of the Council shall enjoy the same immunities as judges in the exercise of their functions. "
Art. 145. Article 29, § 1^er, 3°, of the same law is supplemented by the words "except when officials of the General Directorate of Competition assist the officials of the European Commission for an inspection ordered by the European Commission pursuant to Regulation (EC) 1/2003 on the implementation of the competition rules provided for in Articles 81 and 82 of the Treaty. "
Art. 146. Section 34, 1°, of the same Act is supplemented by the words "and the designation of officials of the General Directorate in order to attend the inspections by officials of the European Commission pursuant to Regulation (EC) 1/2003 on the implementation of the competition rules set out in Articles 81 and 82 of the Treaty. "
Art. 147. Section 36 of the Act is supplemented by the words "They can only use this data for the purposes for which it was collected. "
Art. 148. In section 37, second paragraph, of the Act, the words "This obligation" are replaced by the words "The obligation set out in section 36".
Art. 149. In section 38, second paragraph, of the Act, the words "section 37" are replaced by the words "sections 36 and 37".
Art. 150. In section 39, first paragraph, and section 40, first paragraph, of the Act, the words "at a different level of the local or provincial level" are inserted after the word "election".
Art. 151. Article 39 of the same law, the current text of which shall form § 1^er, is supplemented by a second paragraph, as follows:
Ҥ2. Up to two members of the auditorium can be detached. They cannot belong to the same linguistic role.
An assistant auditor cannot be detached.
Members of the auditory who are detached may be replaced notwithstanding the number of places fixed by section 25. The incumbents of the functions conferred to ensure the replacement are appointed definitively, if any overnumbered. They have access to the places provided for in Article 25, in full right, and to holiday measures. "
Art. 152. Article 44, § 1^er, 2°, of the same law, the words "when serious indications justify it" are deleted, and the word "52" is inserted between the reference to articles "9, § 5," and "53".
Art. 153. Article 44, § 3, paragraph 5, 2°, of the same law is supplemented by the words "or by a member of the General Assembly of the Council who is mandated by the President".
Art. 154. ÷ section 45, § 2, of the same law, the following amendments are made:
1° the words "The auditorate may also classify a complaint or request by reasoned decision in relation to the policy of priorities and available means. are inserted between the first and the second sentence;
2° in the second sentence of this provision, the words "This decision" are replaced by the words "A classification decision".
Art. 155. In the first paragraph of section 65 of the Act, the words "and "treintes" are inserted after the words "the fines".
Art. 156. Article 88, § 1^erthe same law is supplemented by a second paragraph, which reads as follows:
"However, for ongoing or repeated offences, this period only runs from the day the offence ended. "
CHAPTER 4. - Amendment of the Law of 4 July 1962 on Public Statistics
Art. 157. In the Dutch text of paragraph 2 of Article 21octies of the Law of 4 July 1962 on Public Statistics, inserted by the Law of 22 December 2008 on various provisions (I), the words " of zijn afgevaardigde" are inserted between the words "leidend ambtenaar van het Nationaal Instituut voor de Statistietrek" and the words "der, nadat
PART 11. - Public enterprises
CHAPTER 1^er. - Amendment of the Act of 21 March 1991 on reform of certain economic public enterprises - Non-reserved universal postal service rates
Art. 158. Section 144ter of the Act of 21 March 1991 on the reform of certain economic public enterprises is supplemented by paragraph 4, which reads as follows:
“§4. By derogation from article 9, third paragraph, second and third sentences, and fourth paragraph, the rates of non-reserved universal postal services for which article 144ter, § 3, does not prescribe a formula, are fixed by the service provider. "
CHAPTER 2. - Amendment to section 162 of the Act of 24 July 2008 on various provisions
Art. 159. Article 162, § 2, of the Act of July 24, 2008 on various provisions, is supplemented by the following paragraph:
"The participation in the benefits granted to the management and staff of La Poste pursuant to Article 5, § 2, of the Act of 6 July 1971 establishing La Poste, as well as that granted to the Belgacom framework and staff by application of Article 62, § 2, 1°, of the Act of 21 March 1991 on the reform of certain economic public enterprises may take the form of non-recurrent benefits related to the results governed by this chapter. "
PART 12. - Energy
CHAPTER 1^er. - Amendments to the Act of 29 April 1999 on the organization of the electricity market
Art. 160. Section 3 of the Act of 29 April 1999 on the organization of the electricity market, as amended by the Act of 1^er June 2005, is replaced by the following provision:
“Art. 3. § 1^er. The forward-looking study is prepared by the Directorate General of Energy in collaboration with the Federal Office of the Plan.
The network manager, the commission and the National Bank of Belgium are consulted.
The draft forward-looking study is submitted for advice to the Interdepartmental Commission on Sustainable Development and the Central Council of Economy. The notices are transmitted within sixty days of the request for notice. If there is no opinion, the procedure for establishing the prospective study is continued.
The prospective study has a range of at least ten years. It is updated every four years as of the publication of the previous study.
§ 2. The prospective study contains the following elements:
1° it makes an estimate of the evolution of the demand for medium- and long-term electricity and identifies the resulting production needs;
2° it defines guidelines for the choice of primary sources by ensuring appropriate diversification of fuels, promoting the use of renewable energy sources and integrating the environmental constraints defined by the Regions;
3° it defines the nature of the production lines to be preferred by promoting low greenhouse gas production technologies;
4° it assesses the security of electricity supply and makes recommendations in this regard when it is likely to be compromised.
§ 3. The Minister communicates the forward-looking study to the Federal Legislative Chambers and the Governments of the region. It ensures an appropriate publication of the prospective study.
§ 4. As part of the fulfilment of the duties assigned to it under this Article, the Directorate General of Energy may require electricity companies operating in the Belgian market to provide all the information necessary to it, within thirty days of its application. In the event of a refusal to transmit the requested information within 30 days, it may conduct an on-site visit during which it may consult all the information and documents necessary for the performance of the missions that are assigned to it and, where appropriate, copy it. "
Art. 161. In section 4 of the Act, amended by the Acts of January 31, 2003, of 1^er June 2005 and 20 July 2005, the following amendments are made:
1° to § 1^erParagraph 1^er, the words "on proposal" are replaced by the words "after notice";
2° § 3, 1°, is replaced by the following provision:
"1° the procedure for granting the authorizations referred to in § 1^erParagraph 1^er, including the form of the application, the investigation of the file, the deadlines for the Minister to decide and notify the applicant and the commission of the decision, and the fee to be paid to the Energy Directorate for the analysis of the file. "
Art. 162. In section 9ter of the same law, inserted by the law of 1^er June 2005, point 4° is replaced as follows:
"4° the possible obligation of the network manager to accept that disputes relating to transport activities, which, inter alia, may relate to access to the transport network, to the application of the technical regulation and to the tariffs referred to in articles 12 to 12novia, are subject to conciliation or arbitration in accordance with the regulation referred to in Article 28. "
Art. 163. In Article 13, § 1^erof the same law, as amended by the law of 1^er June 2005, paragraph 5 is replaced as follows:
"The development plan covers a period of at least ten years. It is updated every four years. This update must take place within 12 months of the publication of the prospective study. "
Art. 164. In section 17 of the Act, as amended by the Act of 1^er June 2005, the following amendments are made:
1° to § 1^er, the words "on proposal" are replaced by the words "after notice";
2° in § 2, the first sentence is supplemented by the words "in particular the form of the application, the instruction of the file, the deadlines in which the Minister must decide and notify his decision to the applicant and the commission, as well as the royalty to be paid to the Directorate General of Energy for the analysis of the file".
Art. 165. In article 23, § 2, paragraph 2, 6, of the same law, amended by the law of 1^er June 2005, the words "and controls compliance with the conditions of the permits issued" are deleted.
Art. 166. Article 23, § 2, 7°, of the same law, replaced by the law of 1^er June 2005, is repealed.
Art. 167. In section 28 of the Act, as amended by the Act of 27 July 2005, the first sentence is replaced as follows:
"The commission organizes a conciliation and arbitration service for disputes relating to transport activities. These disputes may include access to the transportation network, the application of the technical regulation and the rates referred to in sections 12 to 12 Novies. "
Art. 168. Section 29 of the Act, repealed by the Act of 27 July 2005, is reinstated in the following wording:
“Art. 29. § 1^er. It is established within the Commission an autonomous body called the Board of Disputes which, at the request of one of the parties, determines the disputes between the manager and users of the network relating to access to the transportation network and to the rates referred to in articles 12 to 12 Novies, with the exception of disputes relating to contractual rights and obligations.
§ 2. The Board of Disputes is composed of a President, two other members and three alternates appointed by Royal Decree deliberated in the Council of Ministers for a renewable term of six years. By derogation from the foregoing, a member and an alternate shall be appointed for an initial term of two years and a member and alternate for an initial term of four years.
The President and an alternate shall be appointed among the judicial officers; the other members and alternates are designated because of their competition competence. Members and alternates may not be selected from members of the bodies and employees of the commission. The King sets the amount of the allowances allocated to them.
§ 3. The Disputes Chamber shall rule by a reasoned administrative decision on the cases before it, after hearing the parties involved. It may conduct or conduct any relevant investigations and may, where necessary, appoint experts and hear witnesses. It may order interim measures in the event of an emergency.
By order deliberately in the Council of Ministers, the King sets the procedural rules applicable to the Chamber of Disputes. "
Art. 169. The King, by deliberation in the Council of Ministers, sets the date of entry into force of Articles 161, 164 and 165.
CHAPTER 2. - Amendments to Act of 1^er June 2005 amending the Act of 29 April 1999 on the organization of the electricity market
Art. 170. Sections 4 and 15 of the Act of 1^er June 2005 amending the Act of April 29, 1999 on the organization of the electricity market is repealed.
CHAPTER 3. - Amendments to the Act of 12 April 1965 on the carriage of gaseous and other products by pipelines
Art. 171. Section 15/13 of the Act of 12 April 1965 on the carriage of gaseous and other products by pipeline, inserted by the law of 29 April 1999 and amended by the laws of 1^er June 2005 and 13 February 2006, is replaced by the following:
"Art. 15/13. § 1^er. A forward-looking study on natural gas supply security is prepared by the Directorate General of Energy in collaboration with the Federal Office of the Plan.
The natural gas transport network manager, the natural gas storage facility manager, the LNG installation manager, the commission and the National Bank of Belgium are consulted.
The draft forward-looking study is submitted for advice to the Interdepartmental Commission on Sustainable Development and the Central Council of Economy. The notices are transmitted within sixty days of the request for notice. If there is no opinion, the procedure for establishing the prospective study is continued.
The prospective study has a range of at least ten years. It is updated every four years as of the publication of the previous study.
§ 2. The prospective study contains the following elements:
1° the estimation of the evolution of the demand and supply of natural gas in the medium and long term;
2° guidelines for diversification of sources of supply and identification of new natural gas supply needs;
3° an indicative program of investments for the maintenance and development of the network of natural gas transport, natural gas storage and LNG installation;
4° an assessment of the safety of natural gas supply and, when it may be compromised, the formulation of recommendations in this regard;
5° in natural gas storage capacity, the minimum objectives to be achieved in the context of the country's supply security.
§ 3. The King regulates the modalities for the development and publication of the prospective study.
§ 4. As part of the fulfilment of the duties assigned to it under this Article, the Directorate General of Energy may require natural gas companies operating in the Belgian market to provide all the information necessary to it, within thirty days of its application. In the event of a refusal to transmit the requested information within 30 days, it may conduct an on-site visit during which it may consult all the information and documents necessary for the performance of the missions that are assigned to it and, where appropriate, copy it. "
Art. 172. Article 15/14, § 2, 5°, of the same law, inserted by the law of 29 April 1999 and amended by the law of 1^er June 2005, is repealed.
Art. 173. In section 15/17 of the Act, inserted by the Act of 29 April 1999 and amended by the Acts of 16 July 2001, of 1^er June 2005 and July 27, 2005, the words "to the natural gas transport network, natural gas storage facilities, LNG facilities," are inserted between the words "access" and "upstream installations".
Art. 174. Section 15/18 of the Act, inserted by the Act of 29 April 1999 and repealed by the Act of 27 July 2005, is reinstated in the following wording:
"Art. 15/18. The Board of Disputes, created by section 29 of the Act of 29 April 1999, shall decide at the request of one of the parties on disputes, between network users and the manager of the natural gas transport network, the natural gas storage facility manager or the installation manager of LNG, that are related to access to the natural gas transport network, natural gas storage facilities, LNG facilities or facilities "
PART 13. - Justice
CHAPTER 1^er. - Confirmation of the Royal Decree of 8 October 2008 amending the Code of Societies in accordance with Directive 2006/68/EC of the European Parliament and the Council of 6 September 2006 amending Council Directive 77/91/EEC with regard to the formation of an anonymous corporation and the maintenance and modification of its capital
Art. 175. The articles of the Royal Decree of 8 October 2008 amending the Code of Societies in accordance with Directive 2006/68/EC of the European Parliament and of the Council of 6 September 2006 amending Council Directive 77/91/EEC with regard to the formation of an anonymous corporation and the maintenance and modification of its capital, are confirmed with effect on the date of their entry into force.
CHAPTER 2. - Amendment to the Bankruptcy Act of 8 August 1997
Art. 176. Section 50 of the Bankruptcy Act of 8 August 1997, as amended by the Act of 6 December 2005, is replaced by the following:
"Art. 50. The correspondence sent to the bankrupt shall be handed over to the curators by each postal operator, upon written request signed by the curators to the postal operator mentioning the name and address of the bankrupt and payment of compensation fixed by the King to the postal operator. Curators open correspondence. If the bankrupt is present, he attends the opening. Correspondence shipments that do not relate exclusively to the business activity of the bankrupt are transmitted to the bankrupt or communicated to the address indicated by the bankrupt.
After the filing of the first record of verification of claims, the bankrupt, a natural person, may request the commissioner's permission to proceed personally to the opening of correspondence sent to him.
In the event of a refusal, the Commissioner is required to justify his decision, in accordance with section 35. "
PART 14. - Asile and immigration
UNIC CHAPTER. - Amendments to the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens
Art. 177. Article 8bis, § 5, of the law of 15 December 1980 on access to territory, residence, establishment and removal of foreigners, inserted by the law of 1^er September 2004, is supplemented by the words ", 40bis or 40ter".
Art. 178. In Article 9bis , § 1^er, paragraph 2, of the Act, inserted by the Act of September 15, 2006, the words "where the appeal is declared non-qualified" are replaced by the words "where a decision to reject the appeal is pronounced".
Art. 179. In the Dutch text of Article 9ter , § 1^erState, paragraph 3, of the same law, inserted by the law of 15 September 2006, the words "asielzoeker wiens asielaanvraag niet het voorwerp heeft uitgemagedakt van een definitieve beslissing of die een overeenkomstig artikel 20 van de wetten op de Raad van State, gecoördineerd
Art. 180. ÷ section 12 of the Act, as amended by the Act of 6 August 1993, 24 May 1994 and 15 September 2006, the following amendments are made:
1° in paragraph 1^er, the words "population registers and identity cards" are replaced by the words "population registers, identity cards, foreign cards and residence documents";
2° in paragraph 2, the words "who claims to be a refugee or requests for recognition of refugee status" are replaced by the words "who makes a claim for asylum";
3° in paragraph 2, the words "§ 1^er," are inserted between the words "Article 1^er, » and the words "paragraph 1^er, 2°".
Art. 181. In the Dutch text of Article 12bis , § 1^er, paragraph 2, 3°, of the same law, inserted by the law of 6 August 1983 and replaced by the law of 15 September 2006, the word "uitzonderlijke" is replaced by the word " buitengewone".
Art. 182. ÷ article 12bis , § 3, paragraph 4, of the same law, inserted by the law of 6 August 1983 and replaced by the law of 15 September 2006, the following amendments are made:
1° in the Dutch text, the word "tweemaal" is inserted between the words "kan de minister of zijn gemachtigde deze termijn" and the words " met een periode";
2° the words "of the communal administration" are replaced by the words "of the applicant".
Art. 183. In the Dutch text of Article 21, § 3, 2°, of the same law, replaced by the law of May 26, 2005, the word "opie" is replaced by the word "nationaliteitskeuze".
Art. 184. In section 25, paragraph 4, of the Act, replaced by the Act of 15 July 1996, the words "of the application for review" are replaced by the words "of the remedy for cancellation referred to in section 39/79, § 1^er, paragraph 2, 4°".
Art. 185. In article 33, last paragraph, of the same law, the words "must be Belgian nationality. They" are repealed.
Art. 186. In article 40bis , § 2, paragraph 2, of the same law, inserted by the law of April 25, 2007, the words "of the alien" are replaced by the words "of the citizen of the Union".
Art. 187. In the Dutch text of Article 57/6, paragraph 1^er, 8°, of the same law, inserted by the law of 14 July 1987 and replaced by the law of 15 September 2006, the word "vreemdelingen" is replaced by the word "vluchtelingen".
Art. 188. In Article 61/4, § 1^er, paragraph 2, of the same law, inserted by the law of 15 September 2006, the words "paragraph 2" are replaced by the words "paragraph 1^erParagraph 5 and § 2".
Art. 189. In article 61/8 of the same law, inserted by the law of 25 April 2007, the words "§ 2bis" are replaced by the words "§ 3".
Art. 190. In section 73, paragraph 2, of the Act, as amended by the Act of 15 July 1996, the words "his request for review" are replaced by the words "his appeal for cancellation".
Art. 191. ÷ article 74/5, § 5, paragraph 2, of the same law, inserted by the law of 18 July 1991 and replaced by the law of 15 September 2006, the words "or subsidiary protection status" are inserted between the words "in full right to a decision to refuse refugee status" and the words "in the sense of article 52, § 2".
Art. 192. In Article 74/8, § 1^er, of the same law, inserted by the law of 15 July 1996 and amended by the law of 15 September 2006, the words "is detained under articles 7, paragraph 3, and 27, paragraph 3, made available to the government pursuant to article 25, paragraph 4, or maintained under articles 74/5, § 1^er, and 74/6, § 1^er and 1^erbis are replaced by the words "is detained, made available to the Government or maintained under articles 7, 8bis, § 4, 25, 27, 29, paragraph 2, 51/5, § 1^er or § 3, 52/4, paragraph 4, 54, 57/32, § 2, paragraph 2, 74/5 or 74/6, § 1^er or § 1^er bis".
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 6 May 2009.
ALBERT
By the King:
The Prime Minister,
H. VAN ROMPUY
Minister of Finance,
D. REYNDERS
Minister of Social Affairs and Public Health,
Ms. L. ONKELINX
Minister of Public Enterprises,
S. VANACKERE
The Minister of Employment,
Ms. J. MILQUET
Minister of Justice,
S. DE CLERCK
Minister of P.M.E., Independents, Agriculture and Science Policy,
Mrs. S. LARUELLE
The Minister of Pensions,
Ms. M. ARENA
Minister of Energy,
P. MAGNETTE
Minister for Business and Simplification,
VAN QUICKENBORNE
Minister of Migration and Asylum Policy,
A. TURTELBOOM
The Secretary of State for Mobility,
E. SCHOUPPE
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
____
Note
(1) Documents of the House of Representatives:
Doc 52-1786 - 2008/2009:
001: Bill. - 002 to 010: Amendments. - 011 and 012: Reports. - 013 and 014: Amendments. - 015 to 020: Reports. - 021: Text adopted by the Committees. - 022 and 023: Amendments. - 024: Text adopted in plenary and transmitted to the Senate. - 025 : Erratum.
Full report: 26 March 2009.
Documents of the Senate:
4-1250 - 2008/2009:
No. 1: Project transmitted by the House of Representatives. - No. 2: Amendments. - n^bones 3-6: Reports. - No. 7: Decision not to amend.
Annales of the Senate: April 29, 2009.