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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Posted the: 2009-02-11 Numac: 2008011556 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES average and energy November 21, 2008. -Act transposing Directives 2005/36/EC and 2006/100/EC and to amend the laws 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) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1.
-Disposition introductory Article 1. 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 of the Council of 7 September 2005 on the recognition of professional qualifications as amended by Directive 2006/100/EC of the Council of 20 November 2006 adapting certain directives in the field of the free movement of people due to the accession of the Bulgaria and the Romania.
CHAPTER 2. -Amendments to the Act of February 20, 1939, on the protection of the title and of the profession of architect s. 2A in article 1 of the Act of February 20, 1939, on the protection of the title and of the profession of architect, amended by the decrees of July 6, 1990, 29 March 1995 and 8 October 2003, the law of 15 February 2006 changes are made the following: 1 ° in paragraph 2 the words "in the annex to this Act. as amended by the updates published in the Official Journal of the European communities, in accordance with article 7, § 2, of Directive 85/384 / EEC of 10 June 1985 concerning the recognition recognition of diplomas, certificates and other evidence of the field of architecture, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services shall be replaced by the words "annex 1". , (b), of this Act, as amended by updates published in the Official Journal of the European Union, in accordance with article 21, 7, paragraph 2, of 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 Directive 2006/100/EC of the Council of 20 November 2006 adapting certain directives in the field of the free movement of persons by reason of the accession of the Bulgaria and the Romania.
»;
2 ° a paragraph 2/1, worded as follows is added: "§ 2/1. the Belgian State recognizes the qualifications of architect referred to in annex 2, issued by the other Member States and sanctioning training which began no later than during the academic reference contained in said year annex, even if these titles do not meet the minimum requirements referred to in annex 1rea. The Belgian State gives them the same effect on its territory as training of architect titles issued in what concerns access to the professional activities of an architect, and their exercise.
Are recognized, under these conditions, the certificates from the competent authorities of the Federal Republic of Germany sanctioning the equivalence of evidence of formal qualifications issued from 8 May 1945 by the competent authorities of the German Democratic Republic with the titles listed in annex 2 (a).';
3 ° a paragraph 2/2, worded as follows is added: "§ 2/2. Without prejudice to paragraph 2/1, are recognized certificates issued to nationals of Member States by Member States which have enacted rules on access to the activities of architect and exercise of these activities on the following dates: 1 ° 1 January 1995 for the Austria, the Finland and the Sweden;
2 ° 1 May 2004 for the Czech Republic, the Estonia, Cyprus, the Latvia, the Lithuania, the Hungary, Malta, the Poland, the Slovenia and the Slovakia;
3 ° for the Bulgaria and the Romania on 1 January 2007;
4 ° 5 August 1987 for the other Member States.
The certificates referred to in paragraph 1 certify that the holder has received authorization to bear the professional title of architect no later than that date and devoted himself actually, in the context of the aforementioned rules, activities in question for at least three consecutive years during the five years preceding the award of the certificate. »;
4 ° in paragraph 4 the words ' Directive 85/384 / this ' are replaced by 'Directive 2005/36/EC';
5 ° a paragraph 5, worded as follows is added: "§ § 5 5.» Articles 13 to 17 of the Act of 12 February 2008 on a new general framework for the recognition of professional qualifications EC, shall apply to the: 1 ° applicant who does not meet the conditions of effective and lawful professional practice laid down in paragraphs 2/1 and 2/2;
2 ° applicant, holder of a title of training not listed in annex 1, b;
3 ° applicant, holder of a title of postgraduate, which follows the training leading to the possession of a title listed in annex 1 b, and only for the purposes of recognition of the specialisation in question and without prejudice to paragraph 2 and without prejudice to the provisions in annex 2 b, concerning the titles of training issued by the former Czechoslovakia, the Czech Republic the Slovakia, the former Soviet Union, the Estonia, the Latvia, the Lithuania, former Yugoslavia and Slovenia;
4 ° applicant meeting the conditions laid down in article 2, paragraph 3, of the Act of February 12, 2008, introducing a new framework for the recognition of professional qualifications, where is likened to a title of training title training issued in a third country therefore its holder has, in the architectural profession, professional experience of three years in the territory of the Member State which has recognized said title and certified by him;
»;
6 ° is added a paragraph 6, as follows: ' ' § § 6 6 Architects, recipient of the recognition of professional qualifications shall be entitled to make use of the academic title conferred on them in the State of origin, and possibly its abbreviation, in the language of that State. This title should be followed by the name and location of the establishment or the jury that issued. When the academic title of the home Member State may be confused with a title requiring supplementary training not acquired by the beneficiary, the order of architects may prescribe that it will use the academic title of the home Member State in an appropriate form.
S.
3. article 2 of the Act, as last amended by the law of July 20, 2006, is supplemented by a paragraph 5, worded as follows: ' ' § § 5 5 Recipients of the recognition of professional qualifications should have the linguistic knowledge necessary for the exercise of the profession of architect in Belgium. » Art. 4. in the same Act, the annex is replaced by the schedules 1rea, 1reb, 2A and 2B attached to this Act.
CHAPTER 3. -Amendments to the Act of 26 June 1963 establishing an Association of architects s. 5. in article 5 of the Act of 26 June 1963 establishing an Association of architects, amended by the royal decree of 12 September 1990, "second or third paragraphs" shall be replaced by the words "first or second paragraph of § 2.
S. 6a article 8 of the same Act, amended by the law of 10 February 1998 and 15 February 2006 and the Royal Decrees of the September 12, 1990 and 17 September 2000, the following changes are made: 1 ° the current text of paragraph 1 form paragraph 1;
2 ° the current text of paragraph 2 will form paragraph 1 of subsection 2;
3 ° the current text of the third paragraph, which will form the paragraph 2 of subsection 2, is replaced by the following provision: "in the event that, in the framework of the free provision of services, nationals of the Member States of the European Community, as well as the Iceland, the Liechtenstein, the Norway and Switzerland as soon as the Directive 2005/36/EC will apply to these countries , move to the territory of Belgium for the first time for exercising, a temporary and occasional basis, the profession of architect, they inform previously the order of architects by a written declaration containing information about insurance coverage or other means of personal or collective protection concerning professional liability. They are registered by the order of architects in the register of service providers. »;
4 ° in the current text of paragraph 4, which will form to article 3, paragraph 2, the 3rd is replaced as follows: "3 ° in case neither the profession nor the training leading to the profession is regulated in the Member State of establishment, a certificate stating that the person concerned has acquired practical experience of at least two years during the ten years preceding the provision of services;";
5 ° the current text of paragraph 4, which form article 3 paragraph 2 is supplemented as follows: "(5) for proof of the nationality of the claimant.";
6 ° in the current text of the last paragraph which will form article 5 § 2, the words ' paragraphs 2 and 3 of this article"shall be replaced by the words ' paragraphs 1 and 2.
S. 7. at article 11, paragraph 1, of the Act, as last amended by the Act of March 1, 2007, the words "at least thirty-five years old" are replaced by "aged at least thirty years and more than sixty-five years".
S. 8. in article 17 of the same Act, replaced by the royal decree of September 17, 2000, the following changes are made: 1 ° in paragraph 1,

paragraph 3, as amended by the royal decree of 8 October 2003 "first paragraph" shall be replaced by the words "§ 1» and «second subparagraph» shall be replaced by the words"§ 2, first subparagraph ';
2 ° in paragraph 2, the words 'first and second subparagraphs' are each time substituted the words "§ 1 and § 2, first paragraph" and the words "Directive 85/384 / EEC of the Council of 10 June 1985 concerning the recognition recognition of diplomas, certificates and other evidence of the field of architecture, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services" are replaced by the words "Directive 2005/36/EC of the Parliament European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications.
S. 9. in article 20 of the Act, replaced by the royal decree of September 17, 2000, 'paragraphs 2 and 3' shall be replaced by the words "§ 2, paragraphs 1 and 2" and "third paragraph" shall be replaced by the words "§ 2, second paragraph.
S. 10. in article 21 of the Act, the following amendments are made: 1 ° in paragraph 2, first subparagraph, amended by the royal decree of September 17, 2000, 'second subparagraph' shall be replaced by the words "§ 2, first subparagraph ';
2 ° in paragraph three, first paragraph, inserted by the Act of 12 September 1990, the words "third paragraph" are replaced by the words "second paragraph of § 2.
S. 11A article 26, paragraph 4, of the Act, as amended by the Act of July 7, 2006, the words "Directive 85/384 / EEC of the Council of 10 June 1985 concerning the recognition recognition of diplomas, certificates and other evidence of the field of architecture, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services ' shall be replaced by the words" Directive 2005/36/EC of the European Parliament and ". Council of 7 September 2005 on the recognition of professional qualifications.
S.
12. article 38 of the same Act, as last amended by the Act of February 15, 2006, is completed as follows: '10 ° work closely and exchange information with, as appropriate, the competent authorities of the Member State of origin or the host Member State under the provisions of title V of the law of 12 February 2008 on a new general framework for the recognition of professional qualifications this.'.
S. 13. in article 38bis of the Act, inserted by the royal decree of September 17, 2000, the following changes are made: 1 ° in the first paragraphs, two and three, the words "paragraph 3" are each time replaced by the words "§ 2, paragraph 2 '.
2 ° in paragraph 3 the words ' Directive 85/384 / supra EEC "are replaced by the words"the 2005/36/EC Directive. ».
S. 14. in chapter III of the Act, it is inserted an article 49bis, worded as follows: «art.» 49bis. the King fixed the amount tokens presence and/or allowances allocated:-to the members and alternates of the Councils of the order, the national Council, the Flemish Council and French-speaking and German-speaking Council and boards of appeal, as well as the legal assessors and their alternates;
-to the members order to which the order would appeal in a Committee, of a working group or any other mission on behalf of the order.
They cannot receive the order of other allowances or attendance fees. They receive a reimbursement of their travel expenses on behalf of the order, in accordance with the refund rates valid for federal public servants. » CHAPTER 4. -Disposition final art. 15. without prejudice to the provisions of article 4, title II of the law of 12 February 2008 on a new general framework for the recognition of professional qualifications this is application to providers of service who move to the territory of Belgium for the first time to carry on a temporary and occasional basis, the profession of architect.
For the application of this title, means:-profession: the profession of architect - Belgian competent authority: the order of architects promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels, November 21, 2008.
ALBERT by the King: the Minister for SMEs, the self-employed, Agriculture and science policy, Ms. S. LARUELLE sealed with the seal of the State: the 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 meeting and transmitted to the Senate, 52-1310 - No. 5.
Full report: October 23, 2008.
Senate.
Documents. -Project not mentioned by the Senate, 4-981-No. 1.
For the consultation of the table, see image

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