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30 DECEMBER 2008. - An Act to amend various statutes relating to the status of members of the Armed Forces Reserve Framework (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - Introductory provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Amendment of the Act of 14 January 1975 on the Disciplinary Regulations of the Armed Forces
Art. 2. In Article 1^er§ 1^er, 1°, of the Act of 14 January 1975 concerning the Disciplinary Regulations of the Armed Forces, c) is replaced by the following:
"(c) members of the reserve-in-service framework and members of the reserve-in-release framework where a link can be established with the military quality of the reserve framework; "
CHAPTER 3. - Amendment of the Act of 20 May 1994 on the status of military personnel in the short term
Art. 3. Section 23 of the Short-term Military Status Act of 20 May 1994, replaced by the Act of 16 May 2001, is replaced by the following:
“Art. 23. The short-term non-retirement military acquires full right for a period of ten years the status of reserve military in accordance with the Act of 16 May 2001 on the status of military personnel in the Armed Forces Reserve Framework. "
CHAPTER 4. - Amendment of the Act of 16 May 2001 on the status of military personnel of the Armed Forces Reserve Framework
Art. 4. In Article 2, § 3, of the Act of 16 May 2001 concerning the status of the military of the reserve framework of the armed forces, amended by the Act of 16 July 2005, the 3rd is replaced by the following:
"3° the voluntary reserve candidates. "
Art. 5. In section 4 of the Act, the following amendments are made:
1° on 1°, as amended by the laws of 27 March 2003 and 16 July 2005, is replaced by the following:
"1° the voluntary reserve candidate: the person who has signed a commitment to undergo training in order to be admitted to the reserve volunteer category; »;
2° the 2° is replaced by the following:
"2° the non-commissioned non-commissioned candidate: the person, a reserve volunteer or a non-reserve volunteer, who has made a commitment or a commitment to undergo training in order to be admitted to the reserve non-commissioned personnel category; »;
3° the 3° is replaced by the following:
"3° the reserve officer candidate: the person, a reserve volunteer or non-reserve non-commissioned non-commissioned officer or non-commissioned officer, who has signed a commitment or reengagement to attend training in order to be admitted to the reserve officer category; »;
4° on 4°, as amended by the law of 16 July 2005, is repealed.
Art. 6. In section 5 of the Act, the following amendments are made:
1° the words "and rengagements" are inserted between the words "of commitments" and the words ", the reserve soldier";
2° the word "only" is inserted between the words "reserve soldier" and the words "under a regime".
Art. 7. In section 6 of the Act, the following amendments are made:
1° the words "whose training is completed" and the words ", and reserve military candidates, according to the category of personnel for which they are trained" are repealed;
2° it is supplemented by a paragraph written as follows:
"As long as these provisions are not inconsistent with the provisions of this Act, all legislative and regulatory provisions relating to the status of active military candidates are applicable to reserve military candidates. "
Art. 8. In section 8 of the Act, amended by the Act of 27 March 2003, the words "reserve military" are replaced by the words "reserve military personnel".
Art. 9. In section 10 of the Act, the following amendments are made:
1° to 1°, the words "for another reason than physical inability" are inserted between the word "board" and the word "in";
2° to 2°, b), the words "air force" are repealed.
Art. 10. In article 11, 1°, of the same law, the words "for another reason than physical incapacity" are inserted between the word "board" and the word "in".
Art. 11. In article 12, 1°, of the same law, the words "for another reason than physical incapacity" are inserted between the word "board" and the word "in".
Art. 12. Section 13 of the Act, as amended by the Acts of 27 March 2003 and 16 July 2005, is replaced by the following:
“Art. 13. The commitment as a reserve military candidate is signed for a period of five years. »
Art. 13. Section 14 of the Act, as amended by the Act of 16 July 2005, is repealed.
Art. 14. Section 15 of the Act, as amended by the Act of 16 July 2005, is replaced by the following:
“Art. 15. Prior to the completion of the undertaking and within three months of the completion of the training, the reserve officer, reserve non-commissioned officer or reserve volunteer may make a commitment as reserve officer, reserve non-commissioned officer or reserve volunteer, respectively, if satisfied, if any, with the conditions of study to acquire the status of reserve member established by the King or of the linguistic knowledge referred to in paragraph 1^erFour. The above-mentioned conditions of study must correspond to the academic and general training required for the category of staff in question and, if applicable, to the exercise of the function entrusted to the reserve member.
A Reserve Military Candidate who, if any, before the end of the engagement and within three months of the successful completion of the training, is not yet satisfied with the conditions of study to acquire the quality of the aforementioned reserve military or linguistic knowledge, can only subscribe to a re-engagement as a Reserve Military when satisfied with these conditions. If, at the end of the engagement or re-engagement as a reserve military candidate, he still fails to meet the above-mentioned conditions of study and proves by a certificate of regular attendance of the courses that he pursues his studies, he may subscribe to successive re-engagements of one year as a reserve military candidate without, however, that the duration of the appointments and re-engagements as a reserve military candidate exceeds the normal duration of training
Those who do not subscribe to any of the commitments referred to in paragraph 1^er and 2 loses the right to be a reserve military candidate and is sent on final leave as long as his or her appointment as a non-commissioned officer or volunteer is not suspended. "
Art. 15. Section 16 of the Act is replaced by the following:
“Art. 16. As long as it meets the conditions of admission set out in section 7, the reserve volunteer may subscribe either as a non-commissioned candidate or as a reserve officer candidate. He holds the last rank to which he was appointed, until he was commissioned to a higher rank.
As long as it meets the conditions of admission set out in section 7, the non-commissioned officer may make an appointment as a reserve officer.
The duration of the appointment as a reserve officer or non-reserve officer candidate is five years. The commitment takes place through the signing of the commitment act on the day the candidate begins his/her training and suspends any ongoing engagement. The suspension of the appointment shall be brought into force in the event of loss of the status of reserve officer or non-reserve officer candidate. The duration of this recommitment is full and extended from the duration of the suspension. "
Art. 16. Section 17 of the Act is repealed.
Art. 17. In section 18 of the Act, the following amendments are made:
1° to paragraph 1^er, the words "or a rengagement" are inserted between the words "an engagement" and the words "as a reserve military candidate";
2° Paragraph 3 is replaced by the following:
"Except in the case of the suspension referred to in Article 16, paragraph 3, any new undertaking or undertaking shall terminate, on its date, any prior undertaking or undertaking. "
Art. 18. In Article 19, § 1^er, paragraph 2, 2°, of the same law, the words "of section 32" are replaced by the words "of sections 32 and 32 bis".
Art. 19. Section 20 of the Act is replaced by the following:
"Art. 20. The training cycle includes the following training periods, which in turn can be subdivided into partial periods, phases and modules:
1° a period of instruction, subdivided into:
(a) a partial period of basic military training, which includes a phase of military initiation;
(b) a partial period of specialized vocational training, which includes a specialized military training phase followed either by a specialized vocational training phase or by an instruction phase on the job;
2° an evaluation period.
During the evaluation period, the candidate performs a function for which he/she received training. "
Art. 20. Section 21 of the Act, replaced by the Act of 16 July 2005, is replaced by the following:
“Art. 21. The provisions that apply to the assessment of the professional qualities, material qualities, physical qualities required in terms of the physical condition and medical conditions and the moral qualities of the reserve military candidate are the same as those applicable to the military candidate of the active framework.
However, the moments of appreciation are as follows:
1° for professional qualities, at the end of the military initiation phase, at the end of the instruction period and at the end of the evaluation period;
2° for physical qualities, at the end of the instruction period, if any, taking into account a minimum period of 3 weeks between the two tests;
3° for material qualities, at the end of the instruction period and at the end of the evaluation period. »
Art. 21. Section 22 of the Act, replaced by the Act of 16 July 2005, is replaced by the following:
“Art. 22. The partial basic military training period must, if applicable, be completed within 12 months of the signing of the certificate of engagement as a reserve military candidate.
The partial period of specialized professional training must be completed within 48 months after the signing of the certificate of engagement as a reserve military candidate.
The assessment period must be completed within sixty months after the signing of the certificate of engagement as a reserve military candidate. »
Art. 22. Section 23 of the Act, as amended by the Act of 27 March 2003, is replaced by the following:
“Art. 23. The King shall, by category of staff and by type of recruitment:
1° the composition and duration of partial periods and phases;
2° the minimum duration of the evaluation period;
3° training dispensations and conditions under which they may be granted. »
Art. 23. Section 25 of the Act, as amended by the Act of 16 July 2005, is replaced by the following:
“Art. 25. § 1^er. The reserve military candidate is commissioned in the rank of soldier as soon as his or her engagement takes place.
§ 2. May be commissioned during training:
1° the candidate reserve officer for normal recruitment or basic special recruitment: in the rank of sergeant and sub-lieutenant;
2° the candidate for special lateral recruitment reserve: in the rank of sergeant and captain;
3° the non-commissioned candidate: in the rank of corporal and sergeant;
4° the voluntary reserve candidate: in the rank of first soldier.
The King determines the conditions for the granting and withdrawal of commissions.
§ 3. However, the candidate already appointed in a higher rank than that of the commission retains this rank until he can be commissioned at a higher grade. »
Art. 24. Section 26 of the Act, as amended by the Act of 27 March 2003, is replaced by the following:
“Art. 26. A reserving military candidate who is not authorized to continue his or her training as a result of an insufficient assessment of the professional qualities or who must be removed from his or her specific training cycle as a result of the refusal or withdrawal of the required security clearance, may, at his or her request, obtain from the Director General Human Resources, depending on the supervisory needs, the authorization to be reclassified as an officer, if any, in another position He signs, if any, in this new quality a new act of commitment. Reclassification is only possible once and is not possible in the event of insufficient appreciation for the entire phase of military initiation.
A reserve military candidate who has not obtained the required degree for the category of staff for which he or she is trained may, at his or her request, obtain authorization from the Human Resources Director General if he or she is a reserve officer or non-commissioned officer candidate, to be reclassified respectively as a reserve non-commissioned officer or voluntary reserve candidate. He signs, if any, in this new quality a new act of commitment. »
Art. 25. In section 28 of the Act, the following amendments are made:
1° in the introductory sentence, the words "without right" are replaced by the words "without right, by the authority that the King designates";
2° to 1°, the words "Article 20" are replaced by the words "Article 21";
3° to 1°, (a), the words "according to the conditions determined by the King" are repealed;
4° to 3°, the words "Article 20" are replaced by the words "Article 21";
5° 5°, as amended by the Act of 16 July 2005, is replaced by the following:
"5° where the candidate must be removed from his specific training cycle because of the refusal or withdrawal of the required security clearance and either cannot or does not wish to be reclassified; »;
6° on 6°, as amended by the Act of 16 July 2005, is replaced by the following:
"6° where the Reserve Military Candidate fails to complete the training provided in the deadlines set out in Article 22; »;
7° to 7°, the words "or rengagement" are inserted between the word "commitment" and the words "is terminated ex officio; "
Art. 26. Section 30 of the Act is replaced by the following:
"Art. 30. To be appointed to one of the following ranks of reserve member, on December 31 of the year of appointment:
1° (a) for the rank of deputy lieutenant, be at least nineteen years of age and not exceeding the age of forty-one years;
(b) for the rank of Major of the Special Lateral Recruitment Reserve Force, at least thirty-four years of age and not exceeding the age of fifty-five years;
(c) for the rank of sergeant, not exceeding the age of forty-one years;
(d) for the rank of first soldier, not exceeding the age of thirty years;
2° having successfully completed the training cycle;
3° satisfying the conditions of fitness that the King may set by category of personnel;
4° In addition, for officers of the Special Lateral Recruitment, having passed the linguistic test referred to in Article 5, § 3, of the Act of 30 July 1938 concerning the use of languages in the army or possessing the in-depth knowledge of the language within the meaning of Article 7 of the same Law.
The appointment to the ranks of deputy lieutenant, major, sergeant or first soldier, as the case may be, shall take effect on the first day of the month following the month in which the act of re-engagement as reserve officer, reserve officer or reserve volunteer referred to in section 15 is signed. »
Art. 27. In section 31 of the Act, the words ", the officer in reserve for special lateral recruitment who obtains the rank of major" are inserted between the word "sublieutenant" and the words ", the non-commissioned officer".
Art. 28. In Article 34, § 1^er, paragraph 2, of the Act, the words "Chief of the General Staff" are replaced by the words "Chief of Defence".
Art. 29. In section 38 of the Act, replaced by the Act of 16 July 2005, the word "military" is inserted between the words "in formation" and the words "basic".
Art. 30. In section 40 of the Act, the words "reserve military" are replaced by the words "reserve military."
Art. 31. In section 41 of the Act, the words "reserve military" are replaced by the words "reserve military."
Art. 32. In section 42 of the Act, the words "reserve military" are replaced by the words "reserve military."
Art. 33. In section 43 of the Act, the words "reserve military" are replaced by the words "reserve military."
Art. 34. In section 44 of the Act, as amended by the Act of 27 March 2003, the following amendments are made:
1° the words "reserve military" are replaced each time by the words "reserve military";
2° in paragraph 2, the words ", the period of suspension is converted to active service. are replaced by the words ", recalls or benefits during the suspension period are converted to active service periods. »;
3° in paragraph 3, the words ", the supplementary period is converted to active service. are replaced by the words ", recalls or benefits during the supplementary period are converted to active service periods. "
Art. 35. In section 45 of the Act, the words "reserve military" are replaced by the words "reserve military."
Art. 36. Article 46, paragraph 1^erthe following amendments are made to the Act:
1° the words "reserve military" are replaced by the words "reserve military";
2° to 2°, the words "at article 32" are replaced by the words "at articles 32 and 32 bis".
Art. 37. In Article 58, § 1^erParagraph 1^er, of the same law, the words "and voluntary reserve" are replaced by the words ", "adjudant and voluntary reserve, except that of corporal head,".
Art. 38. In section 60 of the Act, the following amendments are made:
1° a paragraph written as follows is inserted between subparagraphs 1^er and 2:
"However, the Special Lateral Recruitment Officers are provided with professional tests for the ranks of Captain and Major. »;
2° in former paragraph 3, becoming paragraph 4, the words "reserve major" are replaced each time by the word "major";
3° in the Dutch text of former paragraph 3, becoming paragraph 4, the word "vak exams" is replaced by the word "beroepsproeven" and the word " exams" is replaced by the word "proeven".
Art. 39. Section 61, paragraph 2, of the Act is supplemented by the following sentence:
"The King sets the equivalent formations. »
Art. 40. In section 62 of the Act, the following amendments are made:
1° in paragraph 1^er, the words "at a trial" are replaced by the words "at work";
2° paragraph 1^er is supplemented by the following sentence:
"The program of these trials is fixed by the King or the authority he designates. "
Art. 41. In the same law, an article 63bis is inserted as follows:
"Art. 63bis. In order to be promoted in the reserve to the rank of Corporal Chief, the reserve volunteer must succeed in professional trials. The program of these trials is fixed by the King or the authority that He designates.
The reserve volunteer from the career volunteer framework may be exempted from these trials if he has already completed equivalent training. The King sets the equivalent formations. "
Art. 42. In chapter IX of the Act, an article 65bis is inserted as follows:
"Art. 65bis. Any reserve member may at any time waive progress. This waiver is irrevocable. »
Art. 43. In the same law, a chapter IX/1 is inserted. as follows:
“Chapter IX/1. Continued training
Art. 65ter. The reserve member may be a candidate for advance benefits in preparation for the professional examinations referred to, as the case may be, to sections 60, 61, 62 and 63 bis.
The King sets the conditions for participation, adjournment and exclusion to these benefits.
The reserve member may waive any time, even after being approved, to begin or continue advance benefits. This waiver is irrevocable. "
Art. 44. Section 66 of the Act is replaced by the following:
"Art. 66. When on duty, the reserve officer is subject to the military disciplinary regime of the career members. When on unrestricted leave, the Reserve Framework member is subject to the military disciplinary regime of the Career Service when a link can be established with his or her status as a Reserve Framework member. Disciplinary proceedings are conducted in writing for the member of the unlimited leave reserve. »
Art. 45. In section 67 of the Act, the words "reserve military" are replaced by the words "reserve military."
Art. 46. In section 68 of the Act, the words "reserve military" are replaced by the words "reserve military."
Art. 47. In section 72, paragraph 1^er, 1°, of the same law, the words ", 32bis" are inserted between the words "articles 32" and " and 33".
Art. 48. Section 73 of the Act is supplemented by the following paragraph:
"However, where the requirements of supervision are required, the Minister of Defence may authorize a reserve member to remain or be reinstated in the reserve beyond the age set out in paragraph 1 for the purpose of performing recalls referred to in section 4, 7° to 11°, or benefits referred to in section 38 for the period of less than two months. This reserve member can no longer be promoted to a higher rank. »
Art. 49. In section 76 of the Act, the words "10°, 11° and 12°" are replaced by the words "10, 11 and 12".
Art. 50. Section 77 of the Act is replaced by the following:
"Art. 77. Administrations and authorities of the federal state, regions, communities, provinces, communes, towns and federations of communes, associations of communes, and concessionary enterprises of public services and institutions subsidized by or dependent upon them, shall grant to their agents, soldiers of the reserve framework, the leave necessary for the execution of the planned military benefits, both for their instruction and for their advancement. Such leave shall not be deducted from those whose persons may normally benefit.
The King may limit for some officers the number of days of leave to be granted without being able to descend below the number of days required to allow the reserve member to remain in the trained reserve. »
Art. 51. In the same law, an article 92bis is inserted as follows:
"Art. 92bis. The following conditions apply only to reserve military candidates who have signed an act of engagement after the date of entry into force of this section, with the exception of those referred to in section 92quater:
1° the study condition to acquire the reserve military quality referred to in Article 15;
2° the age requirement referred to in Article 30, paragraph 1^er, 1°, d."
Art. 52. In the same Act, an article 92ter is inserted as follows:
"Art. 92ter. Article 22, paragraph 1^er, is applicable only to reserve military candidates who have signed an act of engagement, after the date of entry into force of this section, except those referred to in section 92quater. »
Art. 53. In the same Act, an article 92quater is inserted as follows:
"Art. 92quater. Within twelve months after the date of entry into force of this article, reserve military candidates and reserve volunteers who have not completed their training are invited to sign a new five-year undertaking.
This new act of commitment puts an end to any act of prior commitment or commitment, even suspended, on its date. If a new act of engagement is not signed within this period, the person concerned shall be placed on final leave. »
CHAPTER 5. - Amendment of the Act of 27 March 2003 on the recruitment of military personnel and the status of military musicians and amending various laws applicable to defence personnel
Art. 54. In section 4 of the Act of 27 March 2003 relating to the recruitment of military personnel and the status of military musicians and amending various laws applicable to defence personnel, the following amendments are made:
1° to § 1^er7° is repealed;
2° in § 2, paragraph 1^er, 1°, the words "training doctors in medicine, surgery and births, doctor in veterinary medicine, pharmacist, graduate in dental sciences, doctor, veterinary or dentist" are replaced by the words "training doctor, veterinarian, dentist or pharmacist";
3° § 2, paragraph 1^er, is completed by the 5th written as follows:
"5° reserve military candidates, except those who come from special recruitment. »;
4° in § 2, paragraph 3, the words "military career candidates" are inserted between the words "special recruitment" and the words "recruitment";
5° in paragraph 2, three paragraphs are inserted between paragraphs 3 and 4:
"Special recruitment of reserve military candidates is subdivided into special core recruitment and special lateral recruitment.
The basic special recruitment of reserve military candidates is the recruitment of:
1st Reserve Officers who are holders of a degree in university or higher education of a long type or at least equivalent level;
2° non-commissioned candidates who hold a short-term higher education degree or at least equivalent level.
The special lateral recruitment of reserve military is the recruitment of reserve officer candidates with degrees of university education or long-term higher education or at least equivalent level, which can justify a professional experience in the subject area whose minimum duration is fixed by the King. »
Art. 55. In section 8 of the Act, paragraph 2 is replaced by the following:
"The non-belge applicant must have satisfied the militia legislation in force in the country of which he is a national and no longer have any military obligations. "
CHAPTER 6. - Amendment of the Act of 28 February 2007 establishing the status of the military personnel of the armed forces
Art. 56. Section 236 of the Act of 28 February 2007 establishing the status of military personnel in the active military framework is replaced by the following:
"Art. 236. Section 6 of the Act of 16 May 2001 on the status of military personnel in the Armed Forces Reserve Framework is supplemented by the following paragraph:
"However, until the date on which the King sets out, it must be understood by "legislative and regulatory provisions" referred to in this section, those that were applicable on the eve of the Act of 28 February 2007 establishing the status of the military in the Armed Forces' active framework, taking into account the amendments that these provisions would have been amended. However, section 189 of the above-mentioned Act is applicable to members of the reserve framework. " »
CHAPTER 7. - Entry into force
Art. 57. The King sets the effective date of this Act, and no later than 1^er July 2011.
Promulgation of this Act; order that it be put on the seal of the State and published by the Belgian Monitor.
Given in Brussels on 30 December 2008.
ALBERT
By the King:
Minister of Defence,
P. DE CREM
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
____
Note
(1) 2008-2009 session.
House of Representatives.
Parliamentary documents: Bill No. 1479/1. Amendment No. 1479/2. - Report No. 1479/3. - Text adopted by Commission No. 1479/4. - Text adopted in plenary and transmitted to the Senate No. 1479/5.
Annales parlementaire : Text adopted in plenary on 27 November 2008.
Senate.
Parliamentary documents: Bill passed by the House of Representatives No. 1030/1. - Project not mentioned.