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Law Transposing Directives 2005/36/ec And 2006/100/ec And Amending The Statutes Of The February 20, 1939, On The Protection Of The Title And Of The Profession Of Architect And 26 June 1963 Establishing An Association Of Architects (1)

Original Language Title: Loi transposant les Directives 2005/36/CE et 2006/100/CE et modifiant les lois des 20 février 1939 sur la protection du titre et de la profession d'architecte et 26 juin 1963 créant un Ordre des Architectes (1)

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belgiquelex.be - Carrefour Bank of Legislation

21 NOVEMBER 2008. - An Act to transpose Directives 2005/36/EC and 2006/100/EC and amend the Acts of 20 February 1939 on the protection of the title and occupation of architect and 26 June 1963 creating an Order of Architects (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - Introductory provision
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
This Act partially transposes Directive 2005/36/EC of the European Parliament and the Council of 7 September 2005 on recognition of professional qualifications as amended by Council Directive 2006/100/EC of 20 November 2006 on the adaptation of certain directives in the field of free movement of persons due to the accession of Bulgaria and Romania.
CHAPTER 2. - Amendments to the Act of 20 February 1939
on the protection of title and architectural profession
Art. 2. Article 1er of the Act of 20 February 1939 on the protection of title and the architectural profession, as amended by the Royal Decrees of 6 July 1990, 29 March 1995 and 8 October 2003 and the Act of 15 February 2006 are amended as follows:
1° in paragraph 2 the words "in the appendix to this Act, as amended by the updates published in the Official Journal of the European Communities, in accordance with Article 7, § 2, of Council Directive 85/384/EEC of 10 June 1985, aiming at the mutual recognition of diplomas, certificates and other titles in the field of architecture and including measures to facilitate the effective exercise of the right of establishment and free of delivery of words "re, b, of this Law, as amended by the updates published in the Official Journal of the European Union, in accordance with Article 21, 7, paragraph 2, of the Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, as amended by the Council Directive 2006/100/EC of 20 November 2006 on the adaptation of certain directives in the field of the free movement of persons due to the accession of Bulgaria »;
2° it is inserted a paragraph 2/1, which reads as follows:
Ҥ 2/1. the Belgian State recognizes the titles of architectural formation referred to in Annex 2, a, issued by the other Member States and punishing a formation that has commenced at the latest during the academic year of reference contained in this annex, even if these titles do not meet the minimum requirements set out in Annex 1rea. The Belgian state gives them the same effect in its territory as in the titles of the architect formation that it delivers in terms of access to the professional activities of architect and their exercise.
Under these conditions, the certificates of the competent authorities of the Federal Republic of Germany punishing the equivalence of the training titles issued from 8 May 1945 by the competent authorities of the German Democratic Republic with the titles set out in Annex 2 a."
3°, insert a paragraph 2/2, to read:
Ҥ 2/2. Without prejudice to paragraph 2/1, the certificates issued by the Member States to nationals of the Member States that have enacted rules on access to the activities of architect and the exercise of these activities shall be recognized on the following dates:
1° 1er January 1995 for Austria, Finland and Sweden;
2° 1er May 2004 for the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia;
3° 1er January 2007 for Bulgaria and Romania;
4° on 5 August 1987 for the other Member States.
Certifications referred to in paragraph 1er certify that their licensee has received the authorization to carry the professional title of architect by that date and has effectively devoted itself, within the above-mentioned rules, to the activities involved for at least three consecutive years in the five years preceding the issuance of the certificate. »;
4° in paragraph 4 the words "Guideline 85/384/EC" are replaced by the words "Guideline 2005/36/EC";
5° it is added a paragraph 5, to read:
Ҥ 5. Sections 13 to 17 of the Act of 12 February 2008 establishing a new general framework for the recognition of CE professional qualifications are applicable to:
1° applicant who fails to meet the effective and lawful conditions of professional practice set out in paragraphs 2/1 and 2/2;
2° applicant, holder of a training title not listed in Appendix 1re, b;
3° applicant, holder of a specialized training title, who follows the training leading to the possession of a title listed in Appendix 1reb, and only for the purpose of recognition of the specialization in question, and without prejudice to § 2 and without prejudice to the provisions in Annex 2, b, concerning the titles of formations issued by the former Czechoslovakia, the Czech Republic, Slovakia, the former Soviet Union, Estonia, Latvia, Lithuania, the former Yugoslavia and Slovenia;
4° applicant meeting the conditions set out in Article 2, § 3, of the Law of 12 February 2008 establishing a new general framework for the recognition of professional qualifications CE, where is assimilated to a training title issued in a third country as long as its holder has, in the profession of architect, a professional experience of three years in the territory of the Member State which has recognized the title and certified by the member State; »;
6° it is added a paragraph 6, which reads as follows:
Ҥ 6. Architects, beneficiaries of recognition of professional qualifications, have the right to make use of the academic title conferred upon them in the Member State of origin, and possibly its abbreviation, in the language of this State. This title must be followed by the name and place of the establishment or jury that issued it. When the academic title of the Member State of origin can be confused with a title requiring further training not acquired by the beneficiary, the College of Architects may prescribe that the latter will use the academic title of the Member State of origin in an appropriate form".
Art. 3. Section 2 of the Act, last amended by the Act of 20 July 2006, is supplemented by a paragraph 5, which reads as follows:
“§ 5. Recipients of recognition of professional qualifications must have the language knowledge necessary for the exercise of the architectural profession in Belgium. »
Art. 4. In the same Act, the Schedule is replaced by Schedule 1rea, 1reb, 2a and 2b attached to this Act.
CHAPTER 3. - Amendments to the Act of 26 June 1963
creating an Order of Architects
Art. 5. In Article 5 of the Law of 26 June 1963 creating an Order of Architects, amended by the Royal Decree of 12 September 1990, the words "second or third paragraphs" are replaced by the words "first or second paragraph of § 2".
Art. 6. Section 8 of the Act, amended by the Acts of 10 February 1998 and 15 February 2006, and the Royal Decrees of 12 September 1990 and 17 September 2000, are amended as follows:
1° the current text of the first paragraph shall form paragraph 1er;
2° the current text of the second paragraph shall form paragraph 1 of paragraph 2;
3° the current text of the third paragraph, which will form paragraph 2 of paragraph 2, is replaced by the following provision:
"In the event that, as part of the free service provision, nationals of the Member States of the European Community, as well as Iceland, Liechtenstein, Norway and Switzerland as soon as Directive 2005/36/EC applies to these countries, move to the territory of Belgium for the first time to circumvent, on a temporary and occasional basis, the profession of architect, they shall inform the Order of the architects of their personal protection by They are registered by the College of Architects in the register of service providers. »;
4° in the current text of paragraph 4, which will form paragraph 3 of paragraph 2, the 3° shall be replaced as follows:
"3° in the event that neither the profession nor the training leading to the profession is regulated in the Member State of establishment, a certificate certifying that the individual has acquired a practical experience of at least two years in the ten years preceding the performance; »;
5° the current text of paragraph 4, which will form paragraph 3 of paragraph 2, is supplemented as follows:
"5° of proof of the provider's nationality. »;
6° in the current text of the last paragraph which will form paragraph 5 of § 2, the words "paragraphs 2 and 3 of this article" are replaced by the words "paragraphs 1er and 2".
Art. 7. Article 11, alinea 1erof the same law, last amended by the law of 1er March 2007, the words "aged at least thirty-five years" are replaced by the words "aged at least thirty years and not more than sixty-five years".
Art. 8. In section 17 of the Act, replaced by the Royal Decree of 17 September 2000, the following amendments are made:
1° in paragraph 1er, paragraph 3, as amended by the Royal Decree of 8 October 2003, the words "first paragraph" are replaced by the words "§ 1er and the words "second paragraph" are replaced by the words "paragraph 2, first paragraph";
2° in paragraph 2, the words "first and second paragraphs" are replaced by the words "§ 1er and § 2, first paragraph" and the words "Council Directive 85/384/EEC of 10 June 1985 on the mutual recognition of diplomas, certificates and other titles in the field of architecture and including measures to facilitate the effective exercise of the right to establishment and free service delivery" are replaced by the words "Guideline 2005/36/EC of the European Parliament and the Council of 7 September 2005 on recognition of professional qualifications".
Art. 9. In article 20 of the same law, replaced by the Royal Decree of 17 September 2000, the words "paragraphs 2 and 3" are replaced by the words "paragraphs 2, paragraph 1er and 2" and the words "third paragraph" are replaced by the words "paragraph 2, second paragraph".
Art. 10. In section 21 of the Act, the following amendments are made:
1° in paragraph 2, first paragraph, as amended by the Royal Decree of 17 September 2000, the words "second paragraph" are replaced by the words "paragraph 2, first paragraph";
2° in paragraph 3, first paragraph, inserted by the law of 12 September 1990, the words "third paragraph" are replaced by the words "second paragraph of § 2".
Art. 11. In article 26, paragraph 4, of the same Act, last amended by the Act of 7 July 2006, the words "Council Directive 85/384/EEC of 10 June 1985 for the mutual recognition of diplomas, certificates and other titles in the field of architecture and including measures to facilitate the effective exercise of the right to establishment and free service delivery" are replaced by the words "Guideline 2005/36/EC of the European Parliament and the Council of the
Art. 12. Section 38 of the Act, last amended by the Act of 15 February 2006, is supplemented as follows:
"10° collaborate closely and exchange information with, as the case may be, the competent authorities of the Member State of origin or the Member State of host according to the provisions of Title V of the law of 12 February 2008 establishing a new general framework for the recognition of professional qualifications CE."
Art. 13. In section 38bis of the Act, inserted by the Royal Decree of 17 September 2000, the following amendments are made:
1° in paragraphs 1, 2 and 3, the words "paragraph 3" are replaced each time by the words "paragraph 2";
2° in paragraph 3 the words "Council Directive 85/384/EEC referred to above" are replaced by the words "Guideline 2005/36/EC referred to above. "
Art. 14. In Chapter III of the Act, an article 49bis is inserted, as follows:
"Art. 49bis. The King fixes the amount of the attendance tokens and/or allowances allocated:
- the members and their alternates of the boards of the Order, the National Council, the Flemish Council and the French-speaking and German-speaking Council, and the boards of appeal, as well as the legal assessors and their alternates;
- members of the Order to whom the Order would appeal under a commission, working group or any other mission on behalf of the Order.
They cannot receive other benefits or tokens from the Order. They receive a refund of their travel expenses on behalf of the College, in accordance with the reimbursement rates valid for federal public servants. »
CHAPTER 4. - Final provision
Art. 15. Without prejudice to the provisions of Article 4, Title II of the Act of 12 February 2008 establishing a new general framework for the recognition of professional qualifications CE, is applicable to service providers who move to the territory of Belgium for the first time to exercise, on a temporary and occasional basis, the profession of architect.
For the purposes of this title, the following means:
- profession : the profession of architect
- Belgian competent authority: the Order of Architects
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 21 November 2008.
ALBERT
By the King:
Minister of P.M.E., Independents, Agriculture and Science Policy,
Mrs. S. LARUELLE
Seal of the state seal:
Minister of Justice,
J. VANDEURZEN
____
Note
(1) Session 2007-2008.
House of Representatives.
Documents. - Bill, 52-1310 - No. 1. - Amendment, 52-1310 - No. 2. - Report, 52-1310 - No. 3. - Text corrected by the commission, No. 4.
Session 2008-2009.
Text adopted in plenary and transmitted to the Senate, 52-1310 - No. 5.
Full report: 23 October 2008.
Senate.
Documents. - Project not referred to by the Senate, 4-981 - No. 1.
For the consultation of the table, see image