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22 DECEMBER 2008. - Miscellaneous Provisions Act (I) (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. - Public Service
UNIC CHAPTER. - Amendment of Article 14, paragraph 1^erAct of 10 April 1995 on the redistribution of work in the public sector
Art. 2. Article 14, paragraph 1^erthe Act of 10 April 1995 on the redistribution of work in the public sector, as amended by the Acts of 3 December 1997 and 4 June 2007, is replaced by the following:
"The King defines, by deliberate order in the Council of Ministers, the modalities for the implementation of the measures defined under title II or chapters II and III of title III. This provision applies to all applications filed from 1^er January 2009. »
Art. 3. Section 2 comes into force on 1^er January 2009.
PART 3. - Social integration
CHAPTER 1^er. - Amendment of the Act of 8 July 1976 organic of public social action centres
Art. 4. In section 71 of the Act of 8 July 1976, organic of public social action centres, as amended by the Acts of 12 January 1993, 22 December 2003 and 20 July 2006, the following amendments are made:
1° in paragraph 3, the words "slightly defecated" are inserted between the words "should" and "be";
2° in paragraph 3, the words "or the expiry date of the period provided for in the preceding paragraph" are repealed;
3° a new paragraph written as follows is inserted between paragraphs 3 and 4: "If there is no decision of the public centre of social action within the time limit provided for in paragraph 2, the appeal shall, as soon as it is due, be filed within three months of the finding of the absence of a decision. »
CHAPTER 2. - Amendment of the law of 26 May 2002 concerning the right to social integration
Art. 5. In Article 47, § 1^er, paragraph 3, second dash, of the law of 26 May 2002 concerning the right to social integration, the words "of the day following the expiry of the period in which the decision should have been notified at the latest pursuant to article 21, paragraph 1^er and 4" are replaced by the words "of the finding of the absence of a decision of the centre within the time limit provided for in Article 21, § 1^er "
CHAPTER 3. - Amendment of the Act of 2 April 1965 on the Care of Relief Granted by Public Social Action Centres
Art. 6. In section 2 of the Act of 2 April 1965 on the care of relief provided by public welfare centres, a paragraph 8 is inserted, which reads as follows:
“§ 8. By derogation from Article 1^er, 1°, the public center of social action of the commune where is the housing for which the person concerned seeks the rental guarantee is competent to grant him this assistance when he leaves a reception structure within the meaning of section 2, 10°, of the law of January 12, 2007 on the reception of asylum seekers and certain other categories of foreigners. »
PART 4. - Mobility and transport
CHAPTER 1^er. - Air transport
Section 1^re. - Observance of time slots
Art. 7. An article 14bis, as follows, is included in chapter II of the Act of 27 June 1937 revising the Act of 16 November 1919 relating to the regulation of air navigation:
"Art. 14bis. § 1^er. Will be punished by imprisonment from eight days to one year and a fine of one thousand to twenty thousand euros, or only one of these penalties:
1° any aircraft operator who has taken a take-off or landing on the Brussels-National coordinated airport without having a time slot;
2° any aircraft operator who has carried out a take-off or landing on the Brussels-National coordinated airport between 11 p.m. and 5:59 p.m., without a nighttime slot;
3° any aircraft operator that has carried out a take-off or landing on the coordinated Brussels-National airport more than two times at a time significantly different from the time slot assigned to it, to the detriment of the activities of the airport or air traffic, or that has carried out a take-off or landing on the coordinated Brussels-National airport in a significantly different way than the one indicated at the time of the allocation of the airport
§ 2. The King may adapt the night-time schedule referred to in § 1^erTwo. »
Art. 8. Section 35 of the Act is supplemented by the following paragraph:
"However, public action on offences for which an administrative fine has been imposed in accordance with Chapter III is extinguished. »
Art. 9. Section 38, § 2, of the Act, is supplemented by the following paragraph:
"The King's Attorney shall have a period of noon days, from the day of receipt of the minutes to communicate in writing to the grievor referred to in section 46, § 1^er :
1° that information or judicial instruction has been opened, or
2° that proceedings have been initiated, or
3° that it was applied to articles 216bis or 216ter of the Code of Criminal Investigation, or
4° that the file was filed without action for reasons relating to the constituent elements of the offence, or
5° that the file was filed without action for reasons that are not related to the constituent elements of the offence. »
Art. 10. Section 45 of the Act becomes section 52.
Art. 11. The Act is supplemented by Chapter III, which reads as follows:
CHAPTER III. - Administrative amendments
Art. 45. The offences referred to in articles 11 to 26bis, in article 27, § 1^er, 1°, 2°, 3°, 6°, in Article 27, § 2, Article 27bis, Article 28 and Article 32 shall be liable to an administrative fine unless the Crown prosecutor has applied Article 38, § 2, paragraph 3, points 1° to 4°.
The administrative fine is applied without prejudice to other administrative or disciplinary sanctions.
Art. 46. § 1^er. After the King's prosecutor has sent the communication referred to in Article 38, § 2, paragraph 3, 5, or, in the absence of that communication, after the period provided for in § 2, paragraph 3 of that same article, the official of the General Directorate Air Transport designated by the King shall notify the person concerned, no later than one year from the day the act was committed, by a registered letter accompanied by a copy of the notice referred to § 38^er :
1° the facts about which the administrative fine procedure is initiated;
2° the days and hours during which he has the right to consult his file;
3° that he has the right to be assisted by counsel;
4° that it has a period of thirty days from the working day following this notification to send to the above-mentioned grievor a recommended letter containing his defence and, where applicable, requesting to be heard.
The period referred to in paragraph 1^er, 4°, begins to run from the third working day following the one where the fold has been handed over to the services of the post, unless otherwise proved by the recipient.
§ 2. Where an application is filed in accordance with § 1^er4°, the official referred to in § 1^er has fifteen days, from the date of receipt of this request, to notify the interested person, by registered letter, of the date of the hearing. This date is between the fifteenth and thirtieth day following the day the grievor sent this recommended letter. These deadlines are limited to nullity of the entire administrative fine procedure.
The employee may, by registered letter addressed to the employee referred to in § 1^er, request the postponement of the date of his hearing. In this case, the employee sets a new date by registered letter.
The hearing may not take place more than sixty days from the date of receipt of the application referred to in § 1^erFour.
Art. 47. At the earliest after the thirty days of Article 46, § 1^er, 4°, and, if any, after the hearing of the person concerned, the employee referred to in section 46, § 1^er, makes a decision on the facts about which the administrative fine procedure is initiated. It notifies this decision to the interested person by registered letter.
The decision which imposes an administrative fine shall state, in the event of a nullity, its amount and the provisions of Article 50.
By the same decision as that by which it imposes the administrative fine, the employee referred to in section 46, § 1^er, may grant, in whole or in part, the stay of the execution of the payment of that fine.
The King determines the terms of the stay to execution.
The decision has enforceable force upon the expiration of one month from the day of its notification.
The period referred to in paragraph 5 begins to run from the third business day following the period in which the fold was handed over to the services of the position, unless otherwise proved by the recipient.
Art. 48. The minimum and maximum amounts of the administrative fine are, respectively, the minimum and maximum amounts, plus the additional decimals, of the criminal fine provided for in this Act, which punishes the same fact.
In fixing the amount of the administrative fine, the employee referred to in section 46, § 1^er, takes into account the gravity of the facts and possible recidivism.
In the event of an offence contest referred to in section 45, the amounts of administrative fines are accumulated without exceeding the maximum amount of the maximum fine.
If mitigating circumstances have been identified in the decision, the amount of the administrative fine may be reduced below its minimum.
Art. 49. No administrative fine may be imposed by the employee referred to in section 46, § 1^er :
where the public action relating to the same offence is extinguished, or
against a person who was a minor at the time of the incident, or
more than two years after the day the act was committed.
Art. 50. The King sets out procedures for the collection and recovery of administrative fines.
The administrative fines collected are allocated to the Fund for the Financing and Improvement of Control, Inspection and Investigation Means and Aeronautics Prevention Programs. »
Art. 12. The following changes are made in section 33 - Mobility and Transport:
In the "Nature of Affected Revenue" column of heading 33-3 - Fund for the Financing and Improvement of Control, Inspection and Investigation and Aeronautics Prevention Programs - the following text is inserted:
"Revenues from administrative fines, collected under section 45 of the Act of 27 June 1937 revising the Act of 16 November 1919 on the regulation of air navigation. »
Section 2. - Airport Identification Badges
Art. 13. In section 8 of the Act of 3 May 2005 amending the Act of 11 December 1998 on classification and security clearances, as amended by the Act of 27 December 2007, the number "2008" is replaced by the number "2009".
CHAPTER 2. - Amendment of the Act of 22 February 1965 allowing municipalities to establish parking fees for motor vehicles
Art. 14. Article 1^er of the Act of 22 February 1965 allowing municipalities to establish parking fees for motor vehicles, the words "or determine parking fees in the context of concessions or management contracts for parking on the public highway" are inserted between the words "parking fees" and "applicable".
Art. 15. In the same Act, article 2, as follows:
“Art. 2. For the payment of retributions, taxes or parking fees referred to in section 1^er, cities and municipalities and their dealers and municipal self-governments are empowered to request an identity of the holder of the registration mark number to the vehicle registration authority, in accordance with the Privacy Act. »
Art. 16. In the same Act, section 3 is added, which reads as follows:
“Art. 3. Retributions, taxes or parking fees under section 1^er are supported by the holder of the registration mark number. »
PART 5. - Asile and immigration
UNIC CHAPTER. - Amendments to the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens
Art. 17. In section 51/8 of the Act of 15 December 1980 on Access to Territory, Residence, Establishment and Displacement of Aliens, as amended by the Acts of 6 May 1993, 15 July 1996 and 15 September 2006, a paragraph is inserted between paragraph 1^er and paragraph 2:
"However, the Minister or his delegate must consider the asylum application if the foreigner has previously been the subject of a decision of refusal under sections 52, § 2, 3°, 4° and 5°, § 3, 3° and § 4, 3°, or 57/10. »
Art. 18. In section 52 of the Act, replaced by the Act of 18 July 1991 and amended by the Acts of 6 May 1993, 15 July 1996, 18 February 2003 and 15 September 2006, the following amendments are made:
1° in paragraph 1^er3°, 4°, 5° and 6° are repealed;
2° in paragraph 2, the 1° is repealed and in 2°, the words "at 5°" are repealed;
3° in paragraph 3, the 1° is repealed and in 2°, the words "at 5°" are repealed;
4° in paragraph 4, the 1° is repealed and in 2°, the word ", 3°" is repealed.
PART 6. - Independent, P.M.E., food security
CHAPTER 1^er. - Social status of independents
Section 1^re. - Modification of the composition of the General Management Committee for the Social Status of Independent Workers
Art. 19. Article 108, § 6, of the Act of 30 December 1992 on social and other provisions, as amended by the Royal Decree of 18 November 1996, is replaced by the following provision:
“§ 6. The term of office of the president, members, alternate members and the secretary is six years. The mandate is renewable. »
Art. 20. Article 114 of the Act is supplemented by a § 3, which reads as follows:
“§3. The secretary of the General Management Committee is appointed from the staff of the National Institute of Social Insurance for Independent Workers on the proposal of the Chairman of the General Management Committee and the deputy head of the National Institute of Social Insurance for Independent Workers. »
Section 2. - Payment of unconditional pensions by the National Pension Board
Art. 21. Article 37, § 2, of Royal Decree No. 72 of 10 November 1967 concerning the retirement and survival pension of self-employed persons, last amended by the Programme Law of 22 December 1989, is supplemented by a 9°, which reads as follows:
"9° sets out the payment of the unconditional pension by the National Board of Pensions on behalf of the National Institute of Social Insurance for Independent Workers. »
Art. 22. In section 38 of the same order, the 1° is replaced by the following:
"1° to fix the unconditional pension referred to in section 37; "
Art. 23. Sections 181 to 184 of the Royal Decree of 22 December 1967, which regulates the general pension and survival of independent workers, are repealed.
Art. 24. Sections 21 to 23 come into force on 1^er January 2009.
Section 3. - Self-employed pension
Calculation of average consumer price indices
Art. 25. In Article 6, § 2, of the Royal Decree of 30 January 1997 on the pension plan for self-employed persons pursuant to Articles 15 and 27 of the Act of 26 July 1996 on social security modernization and ensuring the viability of the legal pension schemes, and Article 3, § 1^er, 4°, of the Act of 26 July 1996 to fulfil the budgetary conditions of Belgium's participation in the European Economic and Monetary Union, last amended by the programme law of 22 December 2003, paragraph 3 is replaced by the following:
"When the year in question precedes that of taking the pension, the average referred to in the previous paragraph is determined by holding, for each of the last eight months of the year in question, the corresponding month index of the previous year multiplied by a coefficient obtained by dividing the April index of the year for which the average must be determined by the index of the same month of the previous year. »
Art. 26. Section 25 is applied to pensions that actually take place and for the first time as soon as 1^er January 2010.
Section 4. - Annual dependant contribution of selected organizations
Art. 27. In section 5 of the Act of 13 July 2005 on the establishment of an annual dependant assessment of certain organizations, subsection 3 is replaced by the following:
Ҥ3. The amounts collected under the provisions of this Act are, deducted from the administrative costs of the National Institute relating to the contribution, priority assigned to the overall financial management of the social status of the independent workers referred to in Article 2 of the Royal Decree of 18 November 1996 for the introduction of a comprehensive financial management in the social status of the self-employed, pursuant to Chapter I pension amount of Title VI of the Act of 26 July 1996 to modernize the social security The administrative costs for this contribution are calculated annually by the National Institute as part of the closing of the accounts.
The balance of amounts collected under the provisions of this Act is allocated, on the one hand, to the overall financial management of the social status of independent workers referred to in Article 2 of the Royal Decree of 18 November 1996 for the introduction of a comprehensive financial management in the social status of independent workers, pursuant to Chapter I of Title VI of the Act of 26 July 1996 concerning the modernization of social security and ensuring the viability of the statutory pension plans and^er, 2°, of the law of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers, according to a distribution fixed annually by royal decree deliberated in the Council of Ministers. »
Art. 28. In section 7 of the same law, the 4th is withdrawn.
Art. 29. Section 27 produces its effects on 1^er January 2005.
CHAPTER 2. - AFSCA - Amendment to the Act of February 4, 2000 on the Establishment of the Federal Agency for Food Chain Security
Art. 30. Section 4 of the Act of February 4, 2000 on the Establishment of the Federal Agency for the Safety of the Food Chain is supplemented by paragraph 7, which reads as follows:
“§ 7. The Agency may support pre-financing or funding of expenditures as part of animal and plant disease control programs. The amount and conditions of pre-financing or financing are determined by the King, by order deliberately in Council of Ministers. »
CHAPTER 3. - P.M.E. - Amendment to the Act of 20 February 1939 on the protection of title and the occupation of architect, as amended by the Act of 15 February 2006, concerning the exercise of the profession of architect within the framework of a legal person
Art. 31. In Article 2, § 4, of the Act of 20 February 1939 on the protection of title and the profession of architect, amended by the laws of 15 February 2006 and 20 July 2006, the words "with the exception of the architects referred to in Article 9, § 2" are added.
Art. 32. Section 9 of the Act, the current text of which will form paragraph 1^er, is supplemented by paragraph 2, as follows:
“§2. Derogation from paragraph 1^er, when the architect exercises his activity as an official of the State, of a Region, of a Community or of the Régie des Bâtiments, he is not required to be covered by insurance provided that his responsibility, including the ten-year liability, is covered by the State, the Region, the Community or the Régie des Bâtiments.
In the absence of insurance, the State, the Regions, the Communities and the Buildings Regime shall, in respect of injured persons, be subject to the same conditions as the insurer within the limits of the guarantee provided for in the Act of 25 June 1992 on the land insurance contract; in particular, they shall apply the terms and conditions of insurance taken by the King in accordance with this article.
The State, the Regions, the Communities and the Régie des Bâtiments are required to issue at the latest on March 31 of each year to the Council of the Order of Architects, an electronic list of architects whose responsibility they cover in accordance with this article. »
PART 7. - Defence
CHAPTER 1^er. - Amendment of the Act of 12 July 1973 on the Status of Volunteers of the Armed Forces Active Framework
Art. 33. Article 7bis of the Act of 12 July 1973 on the Status of Volunteers of the Active Framework of the Armed Forces, inserted by the Act of 20 May 1994, is supplemented by a paragraph written as follows:
"The seniority in the rank of corporal or in an equivalent grade of the volunteer of supplement admitted in the category of career volunteers cannot take place on a date prior to that of the volunteer of career of normal recruitment. The King sets out the modalities for taking courses of this age. »
CHAPTER 2. - Amendment of the Act of 8 June 1976 establishing the National Geographical Institute
Art. 34. Section 16 of the Act of 8 June 1976 establishing the National Geographical Institute, replaced by the Act of 27 December 2006, is supplemented as follows:
"The Minister may delegate this authority, without the possibility of sub-delegation, to the deputy head with respect to the B, C and D levels."
CHAPTER 3. - Independent provision on military pensions
Art. 35. For the purposes of Article 4, paragraph 6, Military Pension Acts coordinated by Royal Decree No. 16020 of 11 August 1923, the military personnel of the active personnel in service on the date of entry into force of this provision are deemed to have exceeded their transfer point.
CHAPTER 4. - Provisions relating to the voluntary suspension of benefits of certain military personnel
Art. 36. The member of the active plan may obtain his or her voluntary suspension of benefits until he or she is on board, provided that:
1° to apply for this purpose;
2° to be, on the date on which the voluntary suspension of benefits takes place, at least 50 years of age;
3° to be, on the date on which the voluntary suspension of benefits takes place, not more than five years of the normal date on which the pension is paid;
4° not to be already selected by a public employer or by a private sector partner employer for the job for which he or she has applied, or already made available to a public employer;
5° not to be used within the meaning of the Act of 20 May 1994 on the use of military personnel outside the Armed Forces;
6° not to occupy a position whose remuneration is not borne by the budget of the Ministry of Defence;
7° not to be, on the date on which the voluntary suspension of benefits takes place, temporarily removed from the employment;
8° not to be, on the date on which the voluntary suspension of benefits takes place, assigned to an international organization or interallied;
9° not to have received the allowance referred to in Article 2 of the Royal Decree of 2 June 2000 granting an allowance to the military personnel responsible for computer tasks, provided that they continue to perform such tasks at the time of the introduction of their application;
10° not having followed the training of the Ministry of Defence's preventive adviser at the expense of the Ministry of Defence, provided that it continues to serve as a preventive adviser at the time of its application;
11° not to occupy a function requiring a specific and rare competency profile:
(a) Nurse;
(b) Medical or assimilated laboratory technologist;
(c) physiotherapist;
(d) pilot;
(e) member of the medical technical body;
12° not having filed an application to extend his career in accordance with, as the case may be, article 3bis of the Order of the Régent of 6 February 1950 relating to the retiring of officers of the armed forces or article 3ter of the Royal Decree of 22 April 1969 concerning the retiring of the military below the rank of officer.
The member referred to in paragraph 1^er, 4° and 8° to 11°, including, however, may apply to Director General Human Resources for permission to be part of the target group. Any refusal may be appealed to the Minister of Defence.
For the purposes of paragraph 1^er, the normal pension date is the age limit pension date on the basis of the legislation and regulations in force on the date on which the voluntary suspension of benefits takes effect.
The King may modify the list of functions referred to in paragraph 1 in accordance with the requirements of military supervision by category of personnel.^er11°.
Art. 37. § 1^er. On the proposal of the Chief of Defence, the Minister of Defence shall, by calendar year and by category of personnel or subcategory of personnel, establish the number of military personnel who may obtain a voluntary suspension of benefits. The number of places is published in the Belgian Monitor.
§ 2. After the publication date referred to in § 1^erthe member who meets the conditions set out in Article 36 in the calendar year referred to in § 1^er, may apply.
Director General Human Resources sets the deadline for applications for a voluntary suspension of benefits for the calendar year referred to in § 1^er, must be introduced.
Any application filed is irrevocable. However, the Director General Human Resources may in exceptional circumstances permit the withdrawal of the application.
§ 3. For the assessment of the application, the members are classified, taking into account 1^er January of the calendar year for which the application is filed:
1° of the number of whole months that separate them from their normal pension date referred to in section 36, paragraph 3, at least the highest;
2° of their age, from the oldest to the youngest, in case of equal number of whole months referred to in 1°.
§ 4. The decision of the Minister of Defence shall be notified to the members who have requested a voluntary suspension of the benefits no later than two months after the closing date of the applications referred to in paragraph 2.
§ 5. The voluntary suspension of benefits shall take effect on the date requested by the member concerned and:
1° in the calendar year referred to in § 1^er;
2° on the first day of a month.
If the interest of the service so requires, the Director General Human Resources may delay the date of voluntary suspension of benefits requested by the member concerned for a period of up to six months. Any decision may be appealed to the Minister of Defence.
Art. 38. During the voluntary suspension of benefits, the member is on active duty and the period of absence is assimilated to leave.
Art. 39. During the voluntary suspension of benefits, the member no longer participates in the advancement.
Art. 40. While they are on voluntary suspension of benefits, the military can no longer exercise their employment in the armed forces unless:
1° when the army is mobilized;
2° when the period of war is fixed by the King, by a deliberate decree in the Council of Ministers;
3° in exceptional circumstances following a Government decision.
Art. 41. For the purposes of social security legislation and income tax, the time spent on voluntary suspension of benefits is an active service period.
Art. 42. For the purposes of calculating retirement pension or survival pension, the period spent on voluntary suspension of benefits is an active service period and counts as time spent in the aviation personnel for the purposes of sections 4 and 51 of the Military Pension Acts coordinated by Royal Decree No. 16020 of 11 August 1923. However, the period does not count as time of activity in the grade for the application of section 58 of the same laws.
Art. 43. § 1^er. It is granted to the member on voluntary suspension of benefits a salary equal to seventy-five per cent of the remuneration he would receive if he was not on voluntary suspension of benefits. Retribution within the meaning of this Act means:
1° the treatment, including interlayer increases, increases due to fluctuations in the Consumer Price Index and revisions to the treatment scales;
2°, where applicable, the allowance for the selection referred to in Article 30 of the Royal Decree of 18 March 2003 relating to the financial status of the military of all ranks and to the service plan of the military personnel of the active framework below the rank of officer, the allowance for the function of the staff and the allocation of command referred to in Article 31 of the same order, the allocation of training referred to in Article 32
§ 2. The treatment referred to in § 1^er is completed by seventy-five per cent of the following:
1° the holiday toll and the restructuring bonus;
2° the year-end allowance.
§ 3. The member on voluntary suspension of benefits retains the right to compensation for funeral expenses established by the Royal Decree of 16 December 1969 regulating the award of a funeral allowance in the event of the death of certain members of the military and certain members of their families.
For the purposes of section 2 of the above-mentioned order, consideration shall be given to the treatment that the member concerned would have received if he had not been placed on voluntary suspension of the benefits.
Art. 44. § 1^er. During the period of voluntary suspension of benefits, the member may exercise a professional activity, with the prior authorization of the Minister of Defence following the procedure defined by the King.
If the income of these professional activities exceeds the cumulative limits provided for in Article 4 of the Act of 5 April 1994 governing the accumulation of public sector pensions with income from a professional activity or with a replacement income for a person who has been retired from office before the age of sixty-five years for a reason other than physical incapacity, and Article 9 of the same Law, the corresponding treatment to^er, shall be reduced in the same manner as referred to in section 5 of the Act.
For the purposes of paragraph 2 and the determination of the ten or twenty per cent, consideration shall be given to the pension that the member would have obtained on the normal retirement date.
For the purposes of paragraph 2, a member who is on a voluntary suspension of benefits must provide each calendar year to the head of the remuneration and family allowances section of the General Budget and Finance Directorate of the Defence Staff the same information on the income of his or her professional activities as public sector pensioners. If this information is not provided by 15 February of each calendar year or is terminated at the end of the third month following the commencement of the professional activities of the member who has been authorized to perform a professional activity, a reduction of twenty per cent is applied to the treatment corresponding to seventy-five per cent of the remuneration as referred to in Article 43, § 1^eruntil the end of the month in which the information is transmitted.
§ 2. If during the voluntary suspension of benefits the member carries out a professional activity without prior authorization from the Minister of Defence,
1° the period from the beginning of the voluntary suspension of benefits is not taken into account for the calculation of the pension;
2° the reimbursement of twenty percent of the treatment corresponding to seventy-five percent of the retribution as referred to in Article 43, § 1^er, during the period referred to in 1°, is required.
The period referred to in paragraph 1^er will be rounded up in whole month.
Art. 45. The member on a voluntary suspension of benefits shall not be entitled to the adoption leave and the hospitality leave referred to in section 53ter of the Act of 13 July 1976 relating to the officers and the statutes of the personnel of the Armed Forces.
Art. 46. The member on voluntary suspension of benefits shall not make use of the possibility referred to in articles 3bis, paragraph 1^erof the Order of the Regent of 6 February 1950 relating to the retiring of officers of the armed forces and 3ter, paragraph 1^er, from the Royal Decree of 22 April 1969 concerning the retirement of the military below the rank of officer, to extend his career.
Art. 47. The voluntary suspension of benefits may be granted for the calendar year in which this Act comes into force and for the next four years.
Art. 48. Unless they are incompatible with the provisions of this Act, the terms and conditions for the enforcement of the Act of 25 May 2000 relating to the laying-off of certain members of the Armed Forces' active framework are applicable for the execution of this Act.
Art. 49. In article 3, paragraph 1^er, 5°, of the law of May 25, 2000 relating to the envelope in military personnel, the words "or in availability" are replaced by the words ", in voluntary availability or suspension of benefits".
Art. 50. In the table annexed to the laws on military pensions coordinated by Royal Decree No. 16020 of 11 August 1923, amended by the laws of 29 July 1926, 14 July 1930, by Royal Decree No. 16 of 15 October 1934, by the laws of 30 June 1947, 14 July 1951, 2 August 1955, by the Royal Decree of 20 July 2000 and by the law of 28 February 2007, the cell that begins with provision " 1/60"
" 1/60. For members of the active personnel in service from the date of entry into force of this provision, however, this portion shall be increased to 1/50 for all active periods of service and associated periods, as well as for absences for health reasons, with the exception of the periods:
1° of day secondary education at the Royal School of Cadets;
2° of military service, reminders and additional benefits made under the reserve, with the exception of voluntary supervisory benefits;
3° the absence of temporary employment withdrawals by career interruption, voluntary suspension of benefits and unpaid absences by treatment, other than for health reasons from the effective date of this provision;
The time spent by the above-mentioned member in a civil service is taken into account in calculating their senior military pension at the age of that civil service, subject to the application of section 3 of the Act of 14 April 1965 establishing certain relations between the various public-sector pension plans. »
CHAPTER 5. - Implementation
Art. 51. Article 33 produces its effects on 15 August 1994.
Art. 52. Chapters 2 to 4 come into force on 1^er January 2009, with the exception of section 50 that comes into force at the same time as section 206 of the Act of 28 February 2007 establishing the status of military personnel in the Armed Forces' active framework.
PART 8. - Pensions
CHAPTER 1^er. - Repair pensions
Art. 53. Section 26 of the Compensation Pension Acts, coordinated on 5 October 1948, replaced by the Act of 7 June 1989 and amended by the Act of 17 July 1991, is replaced by the following:
“Art. 26. Children, including adoptions, persons whose death is recognized as the direct consequence of a damaging incident during and by the military service, may claim the benefits provided for in section 27.
For the purposes of paragraph 1^er, is assimilated to a child the minor who has obtained a pension under section 336 of the Civil Code for the deceased member. »
Art. 54. Paragraph 2 is replaced by the Act of 7 June 1989 and amended by the Act of 18 May 1998, in section 27, § 2, with the following:
"Is assimilated to an orphan of father and mother:
1 the child whose filiation is established only in respect of the deceased parent;
2° the orphan of a father or mother whose parent who has remained alive is not entitled to a surviving spouse pension or loses the benefit of his pension under Article 25, § 2. »
Art. 55. This chapter produces its effects on 1^er January 2007 and applies only to deaths from that date.
CHAPTER 2. - Retirement and Survival Pensions
Section 1^re. - Active services
Art. 56. The Schedule to the General Act of 21 July 1844 on Civil and Ecclesiastical Pensions, replaced by the Act of 3 February 2003 and supplemented by the Acts of 9 July 2004, of 25 April 2007 and 8 June 2008, is amended as follows:
1° in the left column, in point VIII, the words
« MINISTER OF NATIONAL DEFENSE.
Military Security Service.
1. Chief Commissioner;
2. Principal First Class Commissioner;
3. Principal Commissioner;
4. Commissioner;
5. Principal First Class Inspector;
6. Principal Inspector;
7. Detective.
To the extent that these ranks are civilian agents. »
are replaced by the words:
« MINISTER OF DEFENSE.
Military Security Service.
1. Chief Commissioner;
2. Deputy Chief Commissioner;
3. Divisional Commissioner- Analyst/Divisional Commissioner;
4. Commissioner/Commissioner;
5. Divisional Inspector;
6. Detective.
To the extent that these ranks are civilian agents. »;
2° The right column is completed as follows:
« MINISTER OF NATIONAL DEFENSE.
Military Security Service.
Before 1^er September 2003:
1. Chief Commissioner;
2. Principal First Class Commissioner;
3. Principal Commissioner;
4. Commissioner;
5. Principal First Class Inspector;
6. Principal Inspector;
7. Detective.
To the extent that these ranks are civilian agents. »
Art. 57. Section 56 produces its effects on 1^er September 2003.
Section 2. - Local government pension
Art. 58. Section 161bis of the new communal law, inserted by the law of 30 December 1992 and amended by the laws of 12 January 2006 and 25 April 2007, is replaced by the following:
"Art. 161bis. § 1^er. When, as a result of the restructuring or deletion of a local government that, in respect of pension, is affiliated with the common pension plan of the local authorities, the staff of that administration is transferred to one or more private or public employers who do not participate in the common pension plan of the local authorities or in the new affiliate scheme of the Agency, these employers are, from the date of restructuring or deletion, required to contribute to the pension The same applies to the burden of survivors ' pensions from the above-mentioned staff or staff of the local administration who died before the restructuring or deletion of such pensions.
The contribution of this employer is determined annually by the Public Sector Pension Service. This contribution is equal to the amount obtained by multiplying the pension and survival expense referred to in paragraph 1^er and paid in the previous year, by a coefficient equal to the proportion that the salary mass of the transferred personnel represents in relation to the overall salary mass of the local administration at the time of its restructuring or deletion. For the purposes of this paragraph, only the salaries of staff with final appointments are taken into account. The above-mentioned coefficient is set by the National Social Security Office of the provincial and local governments, taking into account the respective pay masses on the date of the transfer of staff.
§ 2. In the case referred to in § 1^er, the pension or pension share of the transferred officer shall, from the date of taking the pension, be paid by the employer to which that officer was transferred. In the event of a pension share, the pension is calculated in accordance with the provisions of the Act of 14 April 1965 establishing certain relationships between the various public sector pension plans.
§ 3. In order to allow the application of the provisions contained in § 1^er, private or public employers who succeed in the rights and obligations of the restructured or abolished local government are required to communicate to the National Social Security Office of provincial and local governments a nominative list of the agents transferred. This communication must be made available no later than two months after the staff transfer date. »
Art. 59. Section 161quater of the Act is supplemented by the following paragraphs:
“The provisions of §§ 1^er to 3 of section 161bis, as amended by section 58 of the Act of 22 December 2008 on various provisions (I), apply only to local governments that have been subject to restructuring or deletion from 1^er January 2009.
The provisions of Article 161bis, as denominated before their amendment by the same Article 58, continue to apply to the restructurings and deletions between 1^er January 1993 and 1^er January 2009. »
Art. 60. Section 14 of the Act of 6 August 1993 on the pensions of locally appointed personnel, as amended by the Acts of 12 January 2006 and the Act of 25 April 2007, is replaced by the following:
“Art. 14. § 1^er. Where, as a result of the transfer of all the activities or activities of a local government that, in respect of pension, is affiliated with the Agency's new affiliates' plan, or the reorganization or deletion of such a local government, the staff of that administration is transferred to one or more private or public employers that do not participate in the Agency's new affiliates' plan or the common pension plan held in local authority shall contribute, the latter are The same is true with respect to the charge of survivors' pensions of the persons entitled to the above-mentioned staff or local staff who died before the transfer of activities, restructuring or deletion.
The contribution of this or these employers is due from the date of transfer of activities, restructuring or deletion. This contribution is set annually by the Public Sector Pension Service. It is equal to the amount obtained by multiplying the pension and survival charge referred to in paragraph 1^er and paid in the previous year, by a factor equal to the proportion that the salary mass of the transferred personnel, which ceases to be affiliated with the Agency's new affiliates, is in relation to the overall salary mass of the local government at the time of the transfer of activities, restructuring or deletion. For the purposes of this paragraph, only the salaries of staff with final appointments are taken into account. The above-mentioned coefficient is set by the National Social Security Office of the provincial and local governments, taking into account the respective pay masses on the date of transfer.
§ 2. In the case referred to in § 1^er, the pension or pension quota of the transferred agent, which ceases to be affiliated with the Agency's new affiliates plan, is, from the date of taking of the pension, the employer's charge to which that officer was transferred. In the event of a pension share, the pension is calculated in accordance with the provisions of the Act of 14 April 1965 establishing certain relationships between the various public sector pension plans.
§ 3. The sums due under §§ 1^er and 2 remain in charge of the private or public employer covered by these provisions, where, subsequently, of the transferred personnel, is relocated to another private or public employer who does not participate in the Agency's new affiliates plan.
§ 4. In order to allow the application of the provisions contained in § 1^er, the local administration and employers who succeed in all or part of the rights and obligations of the local government are required to communicate to the National Social Security Office of the provincial and local governments a nominative list of the transferred agents, who have ceased to be affiliated with the new affiliates of the Agency. This communication must be intervened no later than two months after the date of transfer. »
Art. 61. In the same law, an article 14bis is inserted, as follows:
"Art. 14bis. The provisions of §§ 1^er to 4 of section 14, as amended by section 60 of the Act of December 22, 2008 on a variety of provisions (1) applies only to local governments that have been transferred, restructured or that have been deleted from 1^er January 2009.
The provisions of Article 14, as denominated before their amendment by the same Article 60, continue to apply to transfers of activities, restructurings and deletions between 1^er January 1993 and 1^er January 2009. »
CHAPTER 3. - Overseas social security
Art. 62. Article 20 of the Act of 17 July 1963 on overseas social security, replaced by the Act of 20 July 2006 and amended by the Act of 27 December 2006, the current text of which will form § 1^erthe following amendments are made:
1° paragraph 4, is replaced by the following paragraph:
"Without prejudice to the provisions of § 2, the annuity is due as early as 65 years of age and in no case before the date of application. »;
2° the article is supplemented by a § 2, written as follows:
Ҥ2. If, as of December 31, 2006, the insured has at least twenty years of participation in insurance, the pension may take place at the age of 55.
If, as of December 31, 2006, the duration of participation in insurance is not more than twenty years, the age of admission to the pension is set as follows:
18 years and under 20 years: 56 years.
16 years and under 18 years: 57 years.
14 years and under 16 years: 58 years.
12 years and under 14 years: 59 years. »
Art. 63. Article 62 produces its effects on 1^er January 2007.
CHAPTER 4. - Amendment of the Act of 22 March 2001 establishing the guarantee of income to older persons - Stabilization of the amount of guaranteed income
Art. 64. Section 18 of the Act of 22 March 2001 establishing the guarantee of income to older persons is replaced by the following:
“Art. 18. § 1^er. Subject to the provisions of Article 10 of the Law of 1^er April 1969 providing guaranteed income to older persons, persons who, as at 1^er April 2009, benefit from guaranteed income in accordance with the provisions of the above-mentioned Act, continue to collect this income on the basis of the amount of March 2009 until, on the occasion of a review of their rights made at their request or on their own behalf, as a result of the award of a pension or benefit referred to in section 10 of the above-mentioned Act or as a result of an increase in resources, a decision in accordance with this Act was taken.
§ 2. The amount referred to in paragraph 1^er, varies according to the provisions of the Act of 2 August 1971 organizing a linkage regime to the index of prices to the consumption of wages, wages, pensions, allowances and subsidies of the public treasury, certain social benefits, the limits of remuneration to be taken into account in calculating certain social security contributions of workers, as well as social obligations imposed on independent workers. »
Art. 65. Section 64 comes into force on 1^er April 2009.
CHAPTER 5. - Amendment of the Programme Law of 27 April 2007
Art. 66. Section 49 bis, as follows, is included in section IX of the Programme Law of 27 April 2007:
"Art. 49bis. The provisions of Article 49 shall affect 1^er April 2007, with the exception of paragraph 2 that produces its effects on 1^er January 2007. "
Art. 67. This chapter produces its effects on 1^er January 2007.
PART 9. - Public enterprises
UNIC CHAPTER. - Amendment of the Act of 21 March 1991 on reform of certain economic public enterprises
Section 1^re. - Provisions to increase the required organizational and decision-making independence of the infrastructure manager by the European directives.
Art. 68. Article 162sexies, § 1^er, of the Act of 21 March 1991 on reform of certain economic public enterprises, inserted by the Act of 22 March 2002 and amended by the Royal Decree of 18 October 2004, confirmed by the Act of 27 December 2004, is supplemented by a paragraph, which reads as follows:
"The term of membership of the board of directors or steering committee is incompatible with any mandate or function within Infrabel. »
Art. 69. Section 199bis of the Act, inserted by the Program Act of 9 July 2004, is supplemented by a paragraph 4, which reads as follows:
“§4. Staff members assigned to the service referred to in § 1^er may not exercise, either personally or through a corporation, any other function or activity, paid or unpaid, at the service of a railway undertaking. »
Art. 70. In section 197 of the same Act, inserted by the Royal Decree of 14 June 2004, confirmed by the law program 27 December 2004, the 2° is replaced by the following:
"2° "rail company": any company with private or public status and licensee of a licence in accordance with applicable European legislation, whose activity is the provision of services for the carriage of goods and/or passengers by rail, the traction to be obligatoryly insured by that undertaking; This concept also covers companies that provide traction only; "
Art. 71. In the same Act, an article 199ter is inserted, which reads as follows:
"Art. 199ter. § 1^er. Staff members assigned to the specialized service referred to in Article 199bis, § 1^er, and exercising any direction or other superior function may not exercise, either personally or through a legal person, any other function, mandate or activity, paid or unpaid, in the service of a railway undertaking, in the service of the SNCB Holding or in the service of a related business, within the meaning of Article 11 of the Code of Companies, any of them.
The King determines the executive functions and the superior functions concerned by this prohibition.
§ 2. The prohibition under § 1^er remains for two years after the persons referred to in § 1^er have left their position in the so-called specialty service.
§ 3. Any violation of the prohibitions referred to in § 1^er and § 2 shall be punished by imprisonment of three months to six months and a fine of 1,000 euros to 10,000 euros or only one of these penalties. »
Art. 72. In section 212 of the Act inserted by the Royal Decree of June 14, 2004, confirmed by the Program Law of December 27, 2004, the following amendments are made:
Paragraph 2 is replaced by the following:
Ҥ2. The term of a member of the board of directors or steering committee is incompatible with a function, mandate or activity, whether paid or not, either personally or through a legal person, in the service of a railway undertaking, in the service of the SNCB Holding or in the service of a business related to one of them within the meaning of section 11 of the Corporate Code.
A member of the steering committee or board of directors shall not hold any social rights or shares of any enterprise referred to in paragraph 1^er.
A member of the steering committee or board of directors is required to notify the President of the Board of Directors of any form of heritage interest that he holds in such a business.
In addition, all members of the board of directors must be independent of any railway company according to the criteria defined in Article 524, § 4, paragraph 2, of the Code of Companies. »;
2° the article is supplemented by a paragraph 4 and a paragraph 5, as follows:
“§4. The prohibition under § 2, paragraph 1^er, remains for two years after the discharge of charge.
§ 5. Any violation of the prohibition referred to in § 2, paragraph 1^er, and § 4, shall be punished by imprisonment of three months to six months and a fine of 1,000 euros to 10,000 euros or only one of these penalties. »
Art. 73. Article 229, § 1^er, of the same law, inserted by the Royal Decree of 18 October 2004, confirmed by the Programme Law of 27 December 2004, is supplemented by a paragraph written as follows:
"The term of membership of the board of directors or steering committee is incompatible with any mandate or function within Infrabel. »
Section 2. - Accounting and annual accounts
Art. 74. In Article 27 of the Law of 21 March 1991, it is inserted a § 4 and a § 5 written as follows:
“§4. By derogation from § 3, paragraph 1^er, with respect to SNCB- Holding, SNCB and Infrabel, the Board of Directors shall communicate the annual accounts together with the management report and report of the College of Commissioners to the Minister of Public Works and the Minister of Budget, fourteen days prior to the holding of the General Assembly.
§ 5. By derogation from § 3, paragraph 3, for Infrabel, SNCB and SNCB-Holding, the date of communication to the Court of Accounts of the documents referred to in the first paragraph of § 3 is June 30 of the year following the fiscal year concerned. »
Art. 75. Section 161 of the Act of 21 March 1991, inserted by the Act of 22 March 2002 and amended by the Royal Decree of 18 October 2004 on certain reorganization measures of the National Society of Belgian Railways, confirmed by the Programme Law of 27 December 2004, is repealed.
PART 10. - Economy
CHAPTER 1^er. - Equitable compensation
Art. 76. In section 42 of the Act of 30 June 1994 on copyright and neighbouring rights, last amended by the Act of 31 August 1998, paragraph 4 is replaced by the following:
"This commission sits in full or in specialized sections in one or more areas of activity. Each section is chaired by the Minister's representative who has copyright in his or her powers. In this commission the rights management companies, on the one hand, and organizations representing the debtors of remuneration, on the other hand, have an equal number of votes. This equal distribution of the number of votes between, on the one hand, rights management companies and, on the other hand, organizations representing the debtors of remuneration, also applies when the commission sits in specialized sections. »
Art. 77. Section 76 produces its effects on November 14, 1998.
CHAPTER 2. - Amendment of the Act of 28 March 1984 on invention patents
Art. 78. In section 21 of the Act of 28 March 1984 on invention patents, as amended by the Act of 6 March 2007, the following amendments are made:
Paragraph 3 is supplemented by a paragraph, which reads as follows:
"The patent application ceases to produce its effects if the search fee has not been paid within the period referred to in paragraph 1^er.
2° in paragraph 7, the words ", without prejudice to the application of Article 22, § 2, third paragraph" are repealed.
Art. 79. In section 22, § 2, of the Act, paragraph 3 is repealed.
Art. 80. In section 23 of the Act, as amended by the Act of 6 March 2007, paragraph 2 is replaced by the following:
"The file includes, in particular, the ministerial order of issue, the description of the invention, the claims, the drawings to which the description refers, the research report on the invention, the written opinion, as well as, where appropriate, informal comments, the new wording of the claims, the modified description and the documents relating to the claim of the right of priority under the Paris Convention. »
Art. 81. In section 39 of the Act, as amended by the Act of 6 March 2007, the following amendments are made:
Paragraph 2 is repealed;
2° Paragraph 3, which becomes paragraph 2, is replaced by the following:
“§2. In the case provided for in Article 21, § 7, the patent application ceases to produce its effects, subject to the payment of annual fees, on the expiry of the period prescribed for the payment of the search fee, if the fee has not been paid. »
Art. 82. The provisions of sections 78 to 81 apply to patent applications filed from the date of entry into force of this Act.
CHAPTER 3. - Use of partitions in teaching
Art. 83. In Article 22, § 1^er, of the law of 30 June 1994 relating to copyright and neighbouring rights 4°bis, inserted by the law of 31 August 1998, is replaced by the following:
"4°bis. the fragmentary or integral reproduction of articles, partitions, plastic works or that of short fragments of other works fixed on a graphic or analog medium when this reproduction is carried out for the purposes of illustration of teaching or scientific research to the extent justified by the non-profit pursued and does not prejudice the normal exploitation of the work; "
Art. 84. Article 83 comes into force on the day of the publication of this Act to the Belgian Monitor.
CHAPTER 4. - Amendment of the Act of 24 May 1888 regulating the situation of the firearms test bench established in Liège
Art. 85. In Article 1^er of the Act of 24 May 1888 regulating the situation of the firearms test bench established in Liège, paragraph 2 is replaced by the following:
"He has a mission:
1° the test and punching of firearms;
2° identification of all firearms manufactured or imported into Belgium;
3° the neutralization, transformation and destruction of firearms in accordance with the Act of 8 June 2006 regulating economic and individual activities with weapons;
4° police and firearms surveillance;
5° attest to the technical characteristics of firearms. »
Art. 86. Section 6 of the Act is replaced by the following:
“Art. 6. The rates of pay for the completion of the bench missions are approved by the King on the proposal of the Minister having the Economy in his powers, after submission by the administrative commission.
These rates are established in order to not charge the Treasury. »
CHAPTER 5. - Amendment of the Act of 13 June 1969 on the exploration and exploitation of non-living resources of the territorial sea and continental shelf
Art. 87. In the Act of 13 June 1969 on the exploration and exploitation of non-living resources of the territorial sea and the continental shelf, last amended by the Act of 22 April 1999, an article 11 is inserted as follows:
“Art. 11. Without prejudice to the powers of judicial police officers, offences under this Act and its enforcement orders are sought and found by the following persons:
1° the personnel of the Maritime Police of the Federal Police having the status of an officer or the quality of a judicial police officer;
2° the officials of the Management Unit of the Mathematical Model of the North Sea, appointed by the Minister who has the Scientific Policy in his powers;
3° officials of the Directorate General Environment of the SPF Public Health, Safety of the Food Chain and Environment, appointed by the Minister who has the Marine Environment in his duties;
4° the officials of the SPF Economy, P.M.E., Average Classes and Energy, appointed by the Minister who has the Economy in his duties;
5° the officers and non-commissioned officers of the Navy appointed for this purpose by their hierarchy. »
Art. 88. In the same law, an article 12 is inserted as follows:
“Art. 12. Officials referred to in Article 11 shall at any time be entitled to access to the workspaces of vessels and artificial islands, and to the mooring sites to carry out the findings inherent in their mission, provided that their presence is reasonably required for the performance of their duties. They can be assisted by experts. If necessary, they can use public force to enter these places. »
Art. 89. In the same law, an article 13 is inserted as follows:
“Art. 13. All persons whom these provisions make competent to monitor the application of this Act shall present, in the exercise of this surveillance, that they intervene in uniform or not, the identification documents, of which the King sets the model. "
Art. 90. In the same Act, an article 14 is inserted as follows:
“Art. 14. All provisions of Book I^er the Criminal Code, including Chapter VII and Article 85, is applicable. »
CHAPTER 6. - Introduction of administrative sanctions in the Act of 4 July 1962 on Public Statistics and the Act of 21 December 1994 on social and other provisions
Art. 91. It is included in chapter VII of the Act of 4 July 1962 on Public Statistics, a paragraph 4bis, which reads as follows:
§ 4bis. Administrative amendments
Art. 21bis. In the conditions set by this Law, an administrative fine of 100 euros to 10,000 euros:
(1) the legal person who, being required to provide information under this Act and the orders made for the performance of that Act, does not meet the obligations imposed on him;
2° the legal person who opposes the research and findings referred to in section 19 or the ex officio execution provided for in section 20, or hinders the activity of the persons charged with the research and findings or the executing of office.
Art. 21ter. The competent official referred to in section 21sexies or the court deciding on an appeal against the decision of the competent official may, if there are mitigating circumstances, impose an administrative fine less than the minimum amounts referred to in section 21bis, without the fine being less than 50% of the amounts referred to in that section.
Art. 21quater. By the same decision as that by which the administrative fine is imposed, the competent official may grant, in whole or in part, the stay of the execution of the payment of that fine, provided that he did not impose any other administrative fine on the offender in the year preceding the date of the commission of the offence.
The stay is valid for a one-year trial period. The trial period begins to run from the date of notification of the decision imposing an administrative fine.
The stay is revoked in full law when a new offence is a decision that imposes a new administrative fine.
The revocation of the stay is notified by the same decision as the administrative fine for this new offence.
The administrative fine whose payment becomes enforceable as a result of the revocation of the stay is accumulated with that inflicted by the head of this new offence, without the cumulative amount of the two fines not exceeding 20,000 euros.
In the event of an appeal against the decision of the competent official, the court deciding on the appeal against the decision of the staff member has the same powers as that staff member in the matter of stay.
Art. 21quinquies. The offences referred to in section 21bis, 1° and 2° shall be prosecuted by administrative fine unless the public prosecutor considers, in the light of the gravity of the offence, that criminal proceedings must be instituted, in particular on the basis of section 22, 1° or 2°.
Art. 21sexies. The administrative fine is imposed by the officer of the National Statistics Institute or by his delegate.
Art. 21septics. A copy of the record of an offence under section 21bis is forwarded to the officer of the National Statistics Institute and to the Public Prosecutor's Office.
A copy of the report is also transmitted within the same time to the offender by registered letter to the post with acknowledgement of receipt, fax or e-mail, if this results in an acknowledgement of receipt of the recipient.
Art. 21octies. The Public Prosecutor's Office has a 30-day period, beginning on the day of receipt of the Minutes, to notify the officer of the National Institute of Statistics of its decision on whether or not criminal proceedings are in place.
If the Public Prosecutor ' s Office waives or fails to notify its decision within the specified time limit, the head official of the National Statistics Institute or his or her delegate decides after placing the offender in a position to present his or her defence, whether or not to impose an administrative fine.
The relevant grievor's decision sets the amount of the administrative fine and is motivated. It is notified to the offender by registered letter, fax or e-mail, if this results in an acknowledgement of receipt of the recipient, together with an invitation to pay the amount requested within the specified time limit. The decision states that an appeal may be filed within 60 days of notification of the decision before the Court of First Instance. The appeal is not suspensive.
The notification of the decision setting the amount of the administrative fine extinguishes the public action.
The payment of the administrative fine terminates the action of the administration.
The King determines the time and terms of payment of the administrative fine.
Art. 21novies. An offender who contests the decision of the competent official, institutes a penalty of forclusion, an appeal by way of application to the court of first instance within 60 days of notification of the decision. This appeal has no suspensive effect. The court of first instance shall rule in full jurisdiction in the first and last instance.
Art. 21decies. If the offender remains in default of paying the fine, the relevant grievor's decision is forwarded to the administration of the Value Added Tax, the Recording and the Domains for the recovery of the administrative fine. The prosecutions to be brought by the said administration are carried out in accordance with Article 3 of the State Law of 22 December 1949.
Art. 21undecies. The limitation period for administrative fine is five years. The limitation period is short to date on the day the offence was committed.
The limitation period in respect of fines is, however, interrupted by any act of the public administration or ministry aimed at the investigation or prosecution of the offence, including the notification of the public prosecutor's decision to initiate or not prosecute criminal proceedings and the invitation to the offender to present his defence. The interruption of the limitation period takes effect on the day the act is notified to the offender.
The limitation period runs again from each interruption.
Art. 21duodecies. In the event of a recidivism within two years of a decision imposing an administrative fine, the amounts referred to in section 21bis are doubled.
Art. 21terdecies. In the event of competitions of several offences referred to in Article 21bis, the fines amounts are cumulative without the cumulative amount of fines exceeding 20,000 euros.
Art. 21quaterdecies. INS is allocated - National Institute of Statistics Fund referred to in section 32-11 of the Organic Law of 27 December 1990 creating budgetary funds, the proceeds of administrative fines due under section 21bis. »
Art. 92. In section 122 of the Act of 21 December 1994 on social and other provisions, the following amendments are made:
1° in the third sentence of the single paragraph, the words ", 21bis" are inserted between the words "articles 18" and the words "and 22 of the law of 4 July 1962 referred to above. »;
2° the article is supplemented by two paragraphs, written as follows:
"The members of the Board of Directors of the ICN set out the procedures for transmitting the minutes of the offences recorded by the associated authorities, on the basis of Article 21bis of the Act of 4 July 1962 referred to above, to the officer of the National Statistics Institute, the Public Prosecutor's Office and the offender.
The Board of Directors of the ICN may communicate to the officer of the National Institute of Statistics directives concerning the general policy of administrative sanctions for offences under this Act, without prejudice to the particular decision-making competence entrusted to the latter by section 21octies of the Act of 4 July 1962 referred to above, taking into account all the elements of the record available to it. »
Art. 93. Article 569, paragraph 1^er, of the Judicial Code, last amended by the Act of 13 December 2005, is supplemented by the 35°, as follows:
"35° of appeals against the decision to impose an administrative fine under section 21octies, paragraph 3, of the Act of 4 July 1962 on public statistics".
Art. 94. In the table attached to the Organic Law of 27 December 1990 creating budgetary funds, section 32-11 - National Statistics Institute Fund, Nature of affected revenues, is supplemented as follows:
"Revenues from the administrative fines referred to in Article 21bis of the Law of 4 July 1962 on Public Statistics"
PART 11. - Public health
CHAPTER 1^er. - Dental Convention
Art. 95. In Article 50, § 3 (c), paragraph 1^erthe following amendments are made to the Compulsory Health Care Insurance Act, coordinated on 14 July 1994:
1° the following sentence is inserted after the first sentence:
"For dental art practitioners, this rate is globally counted at the Kingdom level";
2° in the second sentence, the words "50% of dentistry practitioners and no more" are inserted between the words "no more" and the words "50% of general medicine doctors".
Art. 96. Section 95 comes into force on 1^er January 2009.
CHAPTER 2. - Amendment of the Act of 15 May 2007 on compensation for damages resulting from health care
Art. 97. Article 35, § 1^er, the Act of May 15, 2007 on compensation for damages related to health care, as amended by the Act of December 21, 2007, the words "and not later than 1^er January 2009 » are deleted.
Art. 98. Section 97 comes into force on December 31, 2008.
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. 99. In section 4 of the Act of 15 July 1985 on the use of hormone-effect substances, anti-hormonal effect, beta-adrenergic effect or production stimulator effect in animals modified by the laws of 11 July 1994, 17 March 1997 and 9 July 2004 a paragraph 1 is inserted.^erter, as follows:
§ 1ter. By derogation from Article 3, § 3, the prescription and administration of authorized veterinary drugs containing anti-hormonal-effect substances is authorized for immunity. »
CHAPTER 4. - Drugs
Art. 100. Section 35ter of the Compulsory Health Care and Compensation Insurance Act, coordinated on July 14, 1994, inserted by the Act of January 2, 2001, renumbered by the Act of August 10, 2001 and replaced by the Act of December 27, 2005, are amended as follows:
1° in paragraph 1^erParagraph 1^er, the word "refundable" is replaced by the words "listed in the list referred to in Article 35bis and is not unavailable within the meaning of Article 72bis, § 1^erbis
2° the second sentence of paragraph 1^erParagraph 1^eris repealed;
3° in paragraph 2, paragraph 1^er, the words "specialties" are inserted between the word "or" and the words "whose form of administration is recognized";
4° in paragraph 2, paragraph 1^erthe word "refundable" is repealed;
5° in paragraph 2, paragraph 1^er, the words "is on the list referred to in Article 35bis and is not unavailable within the meaning of Article 72bis, § 1^erbis, and" are inserted between the words "the form of administration", and the words "a base";
6° paragraph 2, paragraph 3, is supplemented by the words "or withdrawn";
7° the article is supplemented by a paragraph 5, which reads as follows:
“§ 5. If the speciality referred to in section 34, paragraph 1^er, 5°, c), 2, which should give rise to the application of paragraph 1^er, is not available within the meaning of Article 72bis, § 1^erbis, at the time of registration on the list, or if it subsequently becomes available and the communication of this non-availability takes place at least 20 days before the entry into force of the new reimbursement base established under paragraph 1^erthe setting of the new reimbursement base referred to in paragraph 1^er is postponed until the first adaptation of the list that follows the end of the non-availability of the specificity concerned, or until another speciality gives rise to the application of paragraph 1^er.
If the speciality referred to in section 34, paragraph 1^er, 5°, c), 2, which should give rise to the application of paragraph 1^erbecomes unavailable within the meaning of Article 72bis, § 1^erbis, after registration on the list and the communication of this non-availability takes place less than 20 days before the entry into force of the new reimbursement base established pursuant to paragraph 1^er, the provisions of paragraph 4 shall be applied, until the first adaptation of the list that follows the end of the non-availability of the speciality concerned, or until another speciality gives rise to the application of paragraph 1^er.
If the right to commercialize the specialty referred to in section 34, paragraph 1^er, 5°, c), 2, which should give rise to the application of paragraph 1^er, is the subject of a challenge on the basis of an allegation of a violation of the patent relating to its main active principle, and that evidence of this challenge is provided to the Institute at least 20 days before the entry into force of the new reimbursement base established pursuant to paragraph 1^er, by sending a copy of the act introducing for that purpose either an action in return, or an action in termination, the setting of the new repayment base is postponed, or until an enforceable court decision is pronounced on the dispute referred to above and authorizes the marketing of the speciality concerned, or until another speciality gives rise to the application of paragraph 1^er. »
Art. 101. In section 72bis of the Act, the following amendments are made:
1° in paragraph 1^erParagraph 1^erthe words "subject to section 35bis" are inserted between the words "the applicant" and the words "is kept";
2° in paragraph 1^erParagraph 1^er, the words "the entry into force of the refundability of the pharmaceutical specialties or the packaging for which it has filed an application" are replaced by the words "the introduction of a refund request";
3° in paragraph 1^erParagraph 1^er1° is replaced by the following:
"1° to ensure that the relevant pharmaceutical specialty will be available no later than the day the refund comes into force; »;
4° in paragraph 1^erParagraph 1^er, the 2° is replaced by the following:
"2° ensure continuity of availability of the pharmaceutical specialty admitted to reimbursement; »;
5° in paragraph 1^erParagraph 1^er, 4°, the words "one of the elements of the refundability request" are replaced by the words "one of the information on the refund request";
6° in paragraph 1^erParagraph 1^er5°, the words "refundability, and not oppose" are replaced by the words "repayment, and not affix";
7° paragraph 1^erParagraph 1^er, is completed by a 7°, written as follows:
"7° communicate to the health care service of the Institute, spontaneously and in accordance with the provisions of § 1^erbis, any failure at 1° or 2°;
7°/1 to paragraph 1^erParagraph 2 is repealed;
8° it is inserted a paragraph 1^erbis, as follows:
« § 1^erbis. The applicant who is not in a position to meet the requirement under subsection 1^erParagraph 1^er1°, informs the health care service of the Institute in accordance with paragraph 1^er, 7°, no later than the day before the repayment comes into force, specifying the presumed date at which the specialty will be available and the reason for the unavailability. This non-availability is mentioned by the service on the Institute's website. The mention of the unavailability on the Institute's website is without impact on the reimbursement of the speciality concerned, which is therefore listed in accordance with the rules set out in section 35bis. However, if the unavailability is maintained, the speciality concerned is deleted from the list in full law on 1^er day of the 12th month following the effective date of the refund.
The applicant who is not in a position to meet the requirement under subsection 1^erParagraph 1^er, 2°, and expects that unavailability lasts at least 14 days, informs the health care service of the Institute in accordance with paragraph 1^er, 7°, no later than 7 days after the start of the unavailability, specifying the start date, the expected end date and the reason for the unavailability. This non-availability is mentioned by the service on the Institute's website. The mention of the unavailability on the Institute's website is without impact on the reimbursement of the speciality concerned, which remains on the list. However, if the unavailability is maintained, the speciality concerned is deleted from the list in full law on 1^er day of the 12th month following the date of the beginning of the unavailability.
If the Institute's health care service is informed of the non-availability of a pharmaceutical specialty other than the applicant, it requests confirmation to the applicant that the pharmaceutical specialty is actually unavailable. The applicant has 14 days from receipt of this request to confirm or infirm the unavailability by registered letter with acknowledgement of receipt. If he infirms him, he joins in his consignment the evidence that the pharmaceutical specialty is available. If the applicant confirms the unavailability, it specifies the start date, the presumed end date and the reason for the unavailability. This non-availability is mentioned by the Service on the Institute's website. The mention of the unavailability on the Institute's website is without impact on the reimbursement of the speciality concerned, which remains on the list. However, if the unavailability is maintained, the speciality concerned is deleted from the list in full law on 1^er 12th month after the date of the beginning of the unavailability. On the other hand, if the applicant does not respond within the specified time limit, or if the elements it provides do not allow for certainty to establish the availability of the pharmaceutical specialty, the specialty is deleted as quickly as possible from the list, in full law and without taking into account the procedures provided for in section 35bis.
If a specialty is available again, the applicant shall inform the Institute as soon as possible. The mention of the unavailability of the speciality concerned is deleted from the Institute's website by the service.
For the purposes of this Act and its enforcement orders, a speciality is considered unavailable when the applicant is unable to respond, for an uninterrupted period of 4 days, to any request for delivery from public officials, hospital officials or wholesalers established in Belgium. In this context, the person or company to whom the applicant has entrusted the management of its stock intended for the supply in Belgium of open-ended informals to the public, hospital informals or distributor wholesalers is assimilated to the applicant.
If the unavailability of a speciality is the consequence of the suspension of its registration, of a proven case of force majeure or of the existence of a dispute of its right to commercialization on the basis of an allegation of violation of a patent, or if the speciality was refunded on the basis of the procedure referred to in paragraph 2bis, the pharmaceutical specialty is re-registered on the list at the end of the
If unavailability is due to a proven case of force majeure, section 168bis does not apply.
The King may set specific rules for orphan drugs to ensure continuity of availability and reimbursement of these specialties. »;
9° Paragraph 2 is replaced by the following:
Ҥ2. When an applicant referred to in section 35bis wishes to finalize the refund of a pharmaceutical specialty while continuing to commercialize the pharmaceutical specialty, the applicant must apply for deletion. The deletion of the list then comes into force one year after receipt of the application. The Minister may, after the advice of the Drug Refund Commission, and taking into account economic, social and therapeutic criteria, set a date of early entry into force, on the basis of a more short-term reasoned deletion request, sent simultaneously by the applicant to the Minister and the Drug Refund Commission. For reasons related to public health or social protection, and without prejudice to the maximum period of one year between the request for deletion and the effective deletion of the list, the Minister may reject a request for deletion in the shorter term, or set a later date of entry into force of the deletion in relation to the date specified in the request for deletion in the shorter term. The applicant remains required to ensure the availability of the pharmaceutical specialty until the date of entry into force of the withdrawal of the pharmaceutical specialty from the list.
When the applicant referred to in section 35bis permanently withdraws from the market a pharmaceutical specialty for which, upon application, the registration is also withdrawn, the applicant must inform the Institute's health care service six months before the withdrawal of the market. The refund is maintained until the end of a six-month period that takes place on 1^er the day of the month following the effective date of the deletion of the registration, after which the pharmaceutical specialty is removed in full right from the list, without taking into account the procedures provided for in section 35bis.
When the applicant referred to in section 35bis permanently withdraws from the market a pharmaceutical specialty, without the registration being withdrawn, the applicant must inform the Institute's health care service six months prior to the withdrawal of the market. The refund is maintained until the end of a six-month period that takes place on 1^er the day of the month following the withdrawal of the market, after which the pharmaceutical specialty is deleted from the list in full, without taking into account the procedures provided for in section 35bis. »;
10° in paragraph 3, the words "or one or more of its packagings" are repealed.
Art. 102. In section 168bis, paragraph 2, of the Act, inserted by the Act of 10 August 2001 and replaced by the Act of 22 August 2002, the first sentence is replaced as follows:
"The King fixes the amount of fines whose minimum can not be less than 5.000 euros, and whose maximum can not exceed 10% of the turnover made on the Belgian market, with respect to the speciality concerned, during the year before the year in which the offence was committed, provided that this maximum can not be less than 50,000 euros. »
Art. 103. Article 3, § 1^erof the Act of 25 March 1964 on Drugs, as amended by the Acts of 20 October 1998, 2 January 2001 and 1^er May 2006, is supplemented by the following paragraph:
"In addition, with a view to detecting drug-related problems, the King may, by deliberate decree in the Council of Ministers, set rules for the collection and processing of personal data relating to the health of patients. These rules provide guarantees relating to the patient's consent, patient information, limited transmission and maximum retention period in accordance with the Privacy Protection Act of 8 December 1992 in respect of personal data processing. »
Art. 104. Article 4, § 2bis, of Royal Decree No. 78 of 10 November 1967 concerning the exercise of the professions of health care, inserted by the law of 1^er May 2006, is supplemented by the following paragraph:
"In addition, with a view to detecting drug-related problems, the King may, by deliberate decree in the Council of Ministers, set rules for the collection and processing of personal data relating to the health of patients. These rules provide guarantees relating to the patient's consent, patient information, limited transmission and maximum retention period in accordance with the Privacy Protection Act of 8 December 1992 with respect to personal data processing. »
Art. 105. Article 1^er of the Act of 24 February 1921 concerning the trafficking of poisonous, soporific, narcotic, psychotropic, disinfectant or antiseptic substances and substances that may be used for the illicit manufacture of narcotic and psychotropic substances, replaced by the Act of 3 May 2003, is supplemented by the following paragraph:
"In addition, with a view to detecting drug-related problems, the King may, by deliberate decree in the Council of Ministers, set rules for the collection and processing of personal data relating to the health of patients. These rules provide guarantees relating to the patient's consent, patient information, limited transmission and maximum retention period in accordance with the Privacy Protection Act of 8 December 1992 with respect to personal data processing. »
PART 12. - Energy
CHAPTER 1^er. - Confirmation of the Royal Decree of 20 December 2007 amending the tax rate of the federal contribution to compensate for the loss of income of municipalities resulting from the liberalization of the electricity market
Art. 106. The Royal Decree of 20 December 2007 amending the federal contribution tax rate to compensate for the loss of revenues from municipalities resulting from the liberalization of the electricity market is confirmed with effect to 1^er July 2007.
CHAPTER 2. - Amendment of the Act of 29 April 1999 on the organization of the electricity market
Art. 107. In Article 7 of the Act of 29 April 1999 on the organization of the electricity market, § 1^erParagraph 1^er, as amended by the Act of 20 March 2003, is replaced by the following:
« § 1^er. By order deliberately in the Council of Ministers, on the proposal of the commission, the King may:
1° take measures for the organization of the market, including the establishment of mechanisms, managed by the commission, for the granting of certificates of guarantee of origin and green certificates for the electricity produced in accordance with Article 6, as well as the establishment of an obligation of redemption at a minimum price and of resale by the manager of the network of green certificates granted by the federal or regional authorities, in order to ensure the minimum amount of electricity produced
2° establish a mechanism to finance all or part of the net charges arising from the measures referred to in 1°. »
CHAPTER 3. - Amendment of the Act of 12 April 1965 on the transport of gaseous and other products by pipelines
Art. 108. In section 15/5 of the Act of 12 April 1965 on the transport of gaseous and other products by pipeline, inserted by the law of 29 April 1999 and amended by the law of 1^er June 2005, paragraph 2 is repealed.
Art. 109. Article 15/11, § 1^er, 1^er paragraph of the Act, last amended by the Act of 20 March 2003, the following amendments are made:
1° to 1°, the words "not having the quality of eligible client" are repealed;
2° to 2°, the words "as long as they are not eligible" are repealed.
PART 13. - Environment
UNIC CHAPTER. - Amendment of the Act of 24 December 1993 on public procurement and certain contracts of work, supplies and services
Art. 110. The following words are inserted in Article 3, § 1^er, 1°, in fine, of the Act of 24 December 1993 relating to public procurement and certain contracts of work, supplies and services, as amended by the Act of 12 August 2000, between the words "work" and "by the signatory States": " or on services or contests intended for the realization or joint exploitation of a project".
PART 14. - Sustainable development
UNIC CHAPTER. - Investment Plan
multi-year management contract Fedesco
Art. 111. Anonymous public law company Fedesco will implement a multi-year investment plan for energy savings in federal public buildings, according to the principle of financing the third investor. This multi-year investment plan includes investments in works, supplies and services, financial expenses, Fedesco's pre-financing, Fedesco's repayments and Fedesco's operating expenses. This multi-year investment plan can be reviewed annually, in particular on the basis of the evolution of the overall consumption of energy, the budget, the achievement of the additional objectives or missions granted to Fedesco.
Art. 112. A management contract between the State and Fedesco will determine the specific conditions to which the company will carry out its mission for projects relating to federal public services, federal public services of programming of public interest agencies and other services that are subject to the authority, control or supervision of the federal State ensuring economic and environmental progress, in the field of Eco-efficiency, including by the conservation, recovery and wise use of energy
This management contract also determines Fedesco's multi-year investment plan. The terms of this contract and of each amendment shall be approved by the King, by a deliberate order in the Council of Ministers.
PART 15. - Finance
CHAPTER 1^er. - Taxes of natural persons and various provisions
Section 1^re. - Amendments to certain tax provisions for life insurance contracts
Art. 113. Section 34 of the Income Tax Code 1992, as amended by the Acts of 28 December 1992, 17 May 2000, 19 July 2000, 24 December 2002, 28 April 2003 and 27 December 2004, is supplemented by a paragraph 4, which reads as follows:
Ҥ4. The capital that is the result of an individual life insurance contract or a savings insurance contract that has been used to replenish or guarantee a loan entered into by the insured for a real property, and which is liquidated following his death, may be taxed:
1° to the amount that is used for the replenishment or guarantee of the loan:
- in the head of the persons who, following the death of the insured, acquire the full property or usufruct of the real estate for which the loan is concluded and the insured was, at the time of death, full owner;
- in the head of the heirs of the insured in the other cases;
2° for any balance, in the head of the beneficiary mentioned in the contract. »
Art. 114. In section 145⁴, 2°, of the same Code, b, replaced by the Act of 27 December 2005, is replaced by the following:
“(b) in the event of death:
(1) where the life insurance contract is used to replenish or guarantee a loan entered into to acquire or maintain a real property:
- in addition to the insured capital that is used for the reconstruction or guarantee of the loan, for the benefit of the persons who, following the death of the insured, acquire the full property or usufruct of that property;
- up to the insured capital that is not used for the replenishment or guarantee of the loan, for the benefit of the spouse or parents to the second degree of the taxpayer;
(2) in other cases, for the benefit of the spouse or parents to the second degree of the taxpayer; "
Art. 115. In section 145⁹Paragraph 1^er, 2°, of the same Code, b, replaced by the Act of 27 December 2005, is replaced by the following:
“(b) in the event of death:
(1) where the savings insurance contract is used to replenish or guarantee a loan entered into to acquire or maintain a real property:
- in addition to the insured capital that is used for the reconstruction or guarantee of the loan, for the benefit of the persons who, following the death of the insured, acquire the full property or usufruct of that property;
- up to the insured capital that is not used for the replenishment or guarantee of the loan, for the benefit of the spouse or parents to the second degree of the taxpayer;
(2) in other cases, for the benefit of the spouse or parents to the second degree of the taxpayer; "
Art. 116. Section 526 of the same Code, replaced by the Act of 27 December 2005, and amended by the Act of 25 April 2007, is supplemented by paragraph 5 as follows:
“§ 5. For the application of § 2, paragraph 1^er, 2°, contributions and premiums paid under life insurance contracts entered into before 1^er January 2009 and not meeting the beneficiary clause referred to in section 145⁴, as amended by section 173 of the Act of 27 December 2005 on various provisions and section 114 of the Act of 22 December 2008 on various provisions (1), nevertheless take into account, by derogation from that provision, for the tax reduction referred to therein, provided that these contracts meet the conditions of the beneficiary clause as it existed in the article referred to above before it has been amended by the laws referred to above. »
Art. 117. In the same Code, an article 526/1 is inserted as follows:
"Art. 526/1. Contributions and premiums paid under life insurance contracts entered into before 1^er January 2009 and which is used for the re-establishment or guarantee of a loan entered into for the acquisition or retention of a property that does not meet the beneficiary clause referred to in section 145⁴ and 145⁹ as amended by sections 114 and 115 of the Act of 22 December 2008 relating to various provisions (1) nevertheless take into consideration for the tax reduction referred to therein, provided that these contracts meet the terms and conditions of the beneficiary clause as it existed in the sections referred to before they were amended by sections 173 and 174 of the Act of 27 December 2005 on various provisions and sections 114 and 115 of the Act of 22 December 2008 »
Section 2. - Miscellaneous changes in personal tax and professional pre-payment
Art. 118. In section 66 of the same Code, paragraph 1^er, replaced by the Act of 27 December 2005, is replaced by the following:
« § 1^er. With the exception of fuel costs, professional costs related to the use of vehicles referred to in section 65 are deductible only up to 75%.
The professional costs referred to in paragraph 1^er also include less-values on these vehicles. »
Art. 119. In section 104, 3°, of the same Code, the d, as amended by the Act of 22 December 1998, is replaced by the following:
"(d) to the cultural institutions approved by the King and which are, either established in Belgium and whose area of influence extends to one of the communities or to the entire country, is established in another Member State of the European Economic Area and whose area of influence extends to a federated or regional entity of the State under consideration or to the whole country; "
Art. 120. Article 113, § 1^erthe same Code, as amended by the Acts of 6 July 2004, 27 December 2005 and 1^er March 2007, the following amendments are made:
(a) at 1°, the words "in the European Economic Area" are inserted between the words "child custody" and the words "out of normal hours";
(b) at 3°, (a) is supplemented by the following:
" - or by foreign public institutions established in another Member State of the European Economic Area; »;
(c) at 3°, (b), the words "targeted in (a), first dash," are replaced by the words "targeted in (a), first or third dash;
(d) at 3°, (c), the words "primary or primary schools" are replaced by the words "schools established in the European Economic Area";
(e) the 4th is replaced by the following:
"4° the taxpayer shall make available to the administration the evidence to establish:
(a) Reality and expenditure;
(b) the full identity or name of the persons, schools, institutions and public authorities referred to in the 3rd;
(c) compliance with the conditions referred to in this article. »
Art. 121. In section 138, paragraph 3, of the same Code, inserted by the Act of December 27, 2006, the words "or be born and disappeared or removed during the taxable period" are inserted between the words " provided that the taxpayer has already been dependant on the taxpayer for the previous taxation year" and the words "and provided that the taxpayer demonstrates".
Art. 122. In Article 146, 3°, of the same Code, as amended by the Acts of 30 March 1994, 21 December 1994, 7 April 1999 and 28 April 2003, the words "but excluding the allocations referred to in Article 31bis, paragraph 3, 1°," are inserted between the words "full or partial involuntary unemployment" and "as well as income".
Art. 123. In section 154 of the same Code, replaced by the Act of 17 May 2007, the following amendments are made:
1° in paragraphs 2 and 3 the words "articles 147 to 152" are replaced by the words "articles 147 to 153";
2° in paragraph 3, paragraph 5 is repealed.
Art. 124. Article 169, § 1^erthe same Code, as amended by the Acts of 28 July 1992, 28 December 1992 and 17 May 2000, the Royal Decree of 13 July 2001 and the Acts of 24 December 2002, 28 April 2003, 27 December 2004, 23 December 2005 and 27 December 2006, the following amendments are made:
1° in paragraph 3, the words "to the extent that they are disposed of at the earliest at the legal age of the beneficiary's pension that has remained active at least until that age" are replaced by the words "to the extent that they are liquidated, in the event of life, at the earliest at the legal age of the beneficiary's pension that has actually remained active at least until that age or, in the event of death after the pension
2° Paragraph 4 is replaced by the following:
"By derogation from paragraph 2, where the capital referred to in this paragraph is liquidated, in the event of life, at the earliest of the legal age of retirement of the beneficiary who has been effectively active at least until that age or, in the event of death after the legal age of retirement, where the deceased has actually remained active until that age, the first tranche on which the conversion regime is applicable is taken into account only at a maximum of 80 per cent. »
Art. 125. In section 171 of the same Code, last amended by the Act of 4 May 2007, the following amendments are made:
(a) at 2°, (b), the second dash is replaced by the following:
" - these are capitals made by contributions from the employer or the company and liquidated, in the event of a life, at the earliest at the legal age of the beneficiary's pension that has remained active at least until that age or, in the event of death after the legal age of the pension, when the deceased has actually remained active until that age; »;
(b) at 4°, (f), the third dash is replaced by the following:
" - capital made by contributions from the employer or company and liquidated, in the event of life, at the earliest at the legal age of the beneficiary's retirement who has actually remained active at least until that age or, in the event of death after the legal age of retirement, when the deceased has actually remained active until that age; »;
(c) in the Dutch text of 4°, (j), the words "van het belastbaar tijdperk" are replaced by the words "van het aanslagjaar";
(d) the 6th is supplemented by the following:
" - the remuneration referred to in section 31, paragraph 2, 1°, of the month of December that is, for the first time, paid or attributed by a public authority during that month of December instead of January of the following year following a decision of that public authority to pay or pay the remuneration of the month of December henceforth during that month of December instead of the following year. »
Art. 126. In section 275¹Paragraph 1^er, of the same Code, inserted by the law of July 3, 2005, the words "a part of this professional account" are replaced by the words "a part of the professional account that is due on taxable remuneration in which the remuneration obtained following the overtime advocated by the worker is included".
Art. 127. Article 275⁸ the same Code, inserted by the law of 17 May 2007, is reported.
Art. 128. In section 515bis of the same Code, inserted by the law of 28 December 1992 and amended by the laws of 17 May 2000, 23 December 2005 and 17 May 2007, the following amendments are made:
1° in paragraph 6, the words "under title XIII of the Code of Taxes Assimilated to the Stamp" are replaced by the words "in Book II, Title VIII of the Code of Miscellaneous Duties and Taxes";
2° Paragraph 7 is replaced by the following:
"When the capital constituted entirely or partially by means of personal supplementary insurance premiums against the old age and the premature death referred to in section 52, 9°, before it is repealed by section 78 of the Act of 28 December 1992, is liquidated, in the event of life, at the earliest at the legal age of the pension of the beneficiary who has actually remained active at least until that age or, in the case of death after the legal age^er, paragraph 4, for the conversion of the first tranche of 50,000 euros. The amount of 50,000 euros is adjusted annually and simultaneously to the UK Consumer Price Index in accordance with Article 178. »
Art. 129. Article 515quater, § 1^erParagraph 1^erthe same Code, inserted by the Act of 28 April 2003 and amended by the Acts of 23 December 2005, 27 December 2005 and 20 July 2006, the following amendments are made:
1° point (b) is replaced by the following:
"(b) at the rate of 10%: capital and redemption values referred to in c, and liquidated in the circumstances referred to in c, to the extent that they are constituted by personal contributions referred to in section 145¹, 1°, or to the extent that it is a capital made by contributions from the employer or company and liquidated, in the event of a life, at the earliest at the legal age of the beneficiary's pension that has actually remained active at least until that age or, in the event of death after the legal age of retirement, when the deceased has actually remained active until that age; »;
2° the opening sentence of point c is replaced by the following:
"(c) at the rate of 16.5%: capital and redemption values referred to in Article 34, § 1^er, 2°, paragraph 1^era to c, not taxable in accordance with Article 169, § 1^erto the extent that these capitals or redemption values are not constituted by personal contributions referred to in Article 145¹, 1°, or to the extent that it is not a capital made by the employer's or the company's contributions and disposed of, in the event of a life, at the earliest at the legal age of the beneficiary's pension that has actually remained active at least until that age or, in the case of death after the legal age of retirement, when the deceased has actually remained active until that age and when these assets or values are allocated at the latest
Section 3. - Miscellaneous provisions
Art. 130. Section 189 of the Act of 27 December 2005 on various provisions is repealed.
Art. 131. Section 66 of the Program Law (I) of 8 June 2008 is reported.
Section 4. - Non-recurrent results-related benefits
Art. 132. Article 38, § 1^erParagraph 1^er, 24°, of the Income Tax Code 1992, replaced by the Act of 24 July 2008, is replaced by the following:
"24° up to a maximum of 2200 euros per calendar year, the non-recurring benefits related to the results, paid or awarded under Chapter II of the Act of 21 December 2007 relating to the execution of the interprofessional agreement 2007-2008 as well as to Title XIII, Single Chapter "The establishment of a system of non-recurring benefits related to the results for public autonomous enterprises" of the Act of 24 July 2008 § »
Art. 133. Section 178 of the Code, last amended by the Act of 8 June 2008, is supplemented by paragraph 6, which reads as follows:
“§ 6. By derogation from § 2, paragraph 1^erthe amount taken in Article 38, § 1^erParagraph 1^er, 24°, is attached to the health index of September 2007 (105.71). This amount is suitable for 1^er January of each year in accordance with the following formula: the basic amount is multiplied by the health index of the month of September of the year before that in which the new amount will be applicable and divided by the health index of the month of September 2007. The amount thus obtained is rounded to the upper euro. »
Section 5. - Entry into force
Art. 134. Section 123 applies to income paid or awarded from 1^er January 2007.
Sections 114 and 115 apply to life insurance and savings insurance contracts entered into from 1^er January 2008.
Section 118 is applicable to losses incurred from 1^er January 2008.
Section 119 is applicable to liberalities actually paid from 1^er January 2008.
Section 120 is applicable to childcare expenses made from 1^er January 2008.
Section 125, (c) and (d), applies to income paid or allocated from 1^er January 2008.
Section 126 applies to remuneration paid or awarded from 1^er January 2008.
Sections 132 and 133 apply to benefits paid or awarded from 1^er January 2008.
Sections 113, 121 and 122 are applicable from the 2009 taxation year.
Sections 124, 125, (a) and (b), 128, 2° and 129 are applicable to allowances paid or awarded from 1^er January 2009.
Sections 116, 117, 130 and 131 come into force on the day of the publication of this Act to the Belgian Monitor.
CHAPTER 2. - Various changes in corporate and corporate entities
Section 1^re. - Benefits of all kinds and combating corruption
Sub-section 1^re. - Programme Act (I) of 27 December 2006
Art. 135. Sections 22 and 26 of the Programme Law (I) of 27 December 2006 are reported.
Sub-section 2. - Law of 11 May 2007 adapting anti-corruption legislation
Art. 136. Sections 14, 16 and 18 of the Act of 11 May 2007 adapting anti-corruption legislation are reported.
Subsection 3. - Income Tax Code 1992
Art. 137. Section 225, paragraph 2, of the Income Tax Code 1992, replaced by the Royal Decree of 20 December 1996 and amended by the Acts of 10 March 1999, 4 May 1999, 28 April 2003, 15 December 2004 and 1^er September 2006, the 4° and 5° are replaced by the following:
"4° at the rate of 300 % on expenses and benefits of any kind, not justified under section 223, paragraph 1^er, 1°, and on the financial or any nature benefits referred to in section 223, paragraph 1^er3°;
5° at the rate referred to in 215, paragraph 1^eron contributions, allowances, pensions, annuities and allowances referred to in section 223, paragraph 1^er, 2°, and on the financial or any nature benefits referred to in section 223, paragraph 1^er3°; "
Art. 138. Section 234 of the Code, amended by the Acts of 10 March 1999, 28 April 2005, 15 April 2004, 27 December 2005, 27 December 2006 and 11 May 2007, paragraph 1^er, 5°, repealed by the law of 15 December 2004, is reinstated in the following wording:
"5° on the financial benefits or any kind referred to in section 53, 24°. »
Art. 139. In section 247 of the Code, as amended by the Acts of 30 March 1994, 10 March 1999, 15 December 2004, 27 December 2006 and 11 May 2007, the following amendments are made:
(a) at 1°, the words "Article 234, 1° and 2°" are replaced by the words "Article 234, paragraph 1^er1° and 2°";
(b) at 2°, the words "Article 234, 3°" are replaced by the words "Article 234, paragraph 1^er3°;
(c) 2° is supplemented by the words "and the financial benefits or any nature referred to in section 234, paragraph 1^er5°;
(d) the 3° is replaced by the following:
"3° at the rate of 300 % in respect of expenses and benefits of any unjustified nature referred to in 234, paragraph 1^er, 4° and the financial or any nature benefits referred to in section 234, paragraph 1^erFive. »
Art. 140. Article 518, paragraph 1^er, of the same Code, amended by the Royal Decree of 20 December 1996 and by the Act of 27 December 2004, the words "234, 1°" are replaced by the words "234, paragraph 1^er1°".
Art. 141. Title X of the same Code is supplemented by article 532, which reads as follows:
"Art. 532. The provisions of articles 58 and 463bis, § 2, 1°, as they existed before being repealed by the law of 11 May 2007 adapting the anti-corruption legislation, remain applicable to secret commissions that are recognized as common practice, if they were paid or assigned before 8 June 2007. »
Sub-section 4. - Entry into force
Art. 142. Sections 137 to 141 come into force on June 8, 2007, with the exception of:
1° of articles 137, 139, (a), (b) and (d), and 140 with respect to references to article 223, paragraph 1^erand Article 234, paragraph 1^er, the Income Tax Code 1992 which is applicable from 1^er January 2006;
2° of sections 137 and 139, d), with respect to the inclusion of benefits of any unjustified nature that are applicable from the 2007 taxation year;
3° of section 139, c), which is applicable from the 2009 taxation year.
Section 2. - Cars
Art. 143. Article 198bis, paragraph 1^er, 1°, a, 5th dash, and b, 5th dash, of the Income Tax Code 1992, inserted by the Act of 27 April 2007, is supplemented each time by the words "or if no data relating to the emission of CO2 is available within the direction of the vehicle registration".
Art. 144. Article 205, § 2, paragraph 1^er, 6°, of the same Code, inserted by the Royal Decree of 20 December 1996, the words "of 25 p.c." are replaced by the words "of the non-deductible part".
Art. 145. In Article 235, 2°, of the same Code, as amended by the Act of 21 June 2004, the words "85ter" are inserted after the words " 185, § 2,".
Art. 146. Sections 143 to 145 are applicable from the 2009 taxation year.
Any changes made from 7 November 2008 to the closing date of the annual accounts remain unaffected.
Section 3. - Removal of bearer titles
Art. 147. Article 171, paragraph 1^er, 2°bis, b, of the Income Tax Code 1992, replaced by the Act of 30 March 1994 and amended by the Acts of 20 December 1995 and 9 July 2004, the words "paragraph 11" are replaced by the words "paragraph 12".
Art. 148. In section 269 of the same Code, last amended by the Royal Decree of 7 December 2007, the following amendments are made:
1° in paragraph 4, the words "paragraph 3, c" are replaced by the words "paragraph 3, b";
2° in paragraph 8, the words "paragraph 6" are replaced by the words "previous paragraph";
3° in paragraph 10, the words "paragraph 8" are replaced by the words "previous paragraph".
Art. 149. In section 412, paragraph 7, of the same Code, inserted by the law of 9 July 2004, the words "paragraph 11" are replaced each time by the words "paragraph 12".
Art. 150. Articles 147 to 149 produce their effects on 1^er January 2008.
Section 4. - Research and Development Tax Credit
Art. 151. In section 240, paragraph 2, of the Income Tax Code 1992, replaced by the Act of December 23, 2005, the words "and tax credit for research and development" are inserted between the words "investment deduction" and the words "are the provisions".
Art. 152. Article 289quater, paragraph 1^er, of the same Code, inserted by the law of December 23, 2005, the words "or on the tax of non-residents for taxpayers referred to in section 227, 2°," are inserted between the words "on corporate tax" and the words "tax credit".
Art. 153. Article 292bis, § 1^er, of the same Code, inserted by the Act of 23 December 2005, paragraph 1^er is supplemented by the words "or non-resident tax for taxpayers referred to in section 227, 2°,".
Art. 154. Article 530, § 1^erParagraph 1^er, in the same Code, inserted by the Act of December 23, 2005, the words "or taxpayers referred to in section 227, 2°, subject to non-resident tax," are inserted between the words "taxpayers subject to corporate tax" and the words "and who exercise".
Art. 155. Sections 151 to 154 are applicable from the 2009 taxation year.
Any changes made from 7 November 2008 to the closing date of the annual accounts remain unaffected.
Section 5. - Taxation
Art. 156. In section 305 of the same Code, paragraph 3 is replaced by the following:
"For companies disbanded without liquidation in the context of a merger, operation assimilated to a merger or split referred to in sections 671 to 677 of the Corporations Code, or a law operation of similar companies in foreign law, the obligation to declare is, as the case may be, the absorbing corporation or the beneficiary companies. For other disbanded companies, this obligation lies with liquidators. »
Art. 157. In section 310 of the same Code, paragraph 2 is replaced by the following:
"For companies dissolved without liquidation as a result of a merger, an operation assimilated to a merger or a split referred to in sections 671 to 677 of the Code of Companies, or an operation of law of similar companies in foreign law, this period may not be less than one month from the date of the approval of this transaction by the general assemblies of all corporations having decided the merger, the transaction referred to as a
For other disbanded companies, this period may not be less than one month from the date of approval of liquidation results, nor shall it be more than six months from the last day of the period to which these results relate. »
Art. 158. Sections 156 and 157 come into force on the day of the publication of this Act to the Belgian Monitor.
CHAPTER 3. - Non-residents ' tax on physical persons and other provisions
Art. 159. Section 102bis of the Income Tax Code 1992, inserted by the Act of 25 April 2007, is replaced by the following:
"Art. 102bis. - The income referred to in section 90, 12°, is defined as the amount actually paid or awarded to the beneficiary, increased if any of the professional pre-payment and reduced by 10% of the lump sum fee. »
Art. 160. Section 133 of the same Code, replaced by the Act of 10 August 2001 and amended by the Acts of 21 June 2002 and 27 December 2006, is supplemented by a paragraph written as follows:
"Paragraph 1^er, 1°, is not applicable in the cases referred to in Article 126, § 2, paragraph 1^erFour. »
Art. 161. In Article 228, § 2, 7°, of the same Code, the words "who resides in it more than 183 days in a taxable period; are replaced by the words "who stays there for more than 183 days in any twelve-month period because of this activity; "
Art. 162. In section 232 of the same Code, as amended by the Act of 28 July 1992, the Royal Decrees of 20 July 2000 and 13 July 2001, the laws of 25 April 2007 and 4 May 2007, the following amendments are made:
1° in the opening sentence of paragraph 1^er2°, the words "professional income collected in Belgium" are replaced by the words "professional income produced or collected in Belgium";
2° in paragraph 1^er, 2°, b, the words "collect in Belgium" are replaced by the words "produce or collect in Belgium";
3rd paragraph 1^er, 2°, c, is replaced by the following:
"(c) perform a sporting activity in Belgium for more than 30 days, calculated by period of 12 consecutive months and by income debtor referred to in Article 228, § 2, 8°. »;
4° the article is supplemented by a paragraph written as follows:
"In the event of a common taxation, paragraph 2 is applicable only if:
- neither of the two spouses produced or collected revenues referred to in paragraph 1^er, 2°, or makes the choice provided for in Article 248, § 2, and
- the total income of each spouse's real property is less than 2,500 euros. »
Art. 163. In section 232 of the same Code, as amended by the Act of 28 July 1992, the Royal Decrees of 20 July 2000 and 13 July 2001, the Acts of 25 April 2007 and 4 May 2007 and section 162 of this Act, the following amendments are made:
1° in the opening sentence of paragraph 1^er2°, the words ", the surplus-values referred to in Article 228, § 2, 9°, h, and the various incomes referred to in Article 228, § 2, 9°, k," are replaced by the words "and the surplus-values referred to in Article 228, § 2, 9°, h,";
2° to paragraph 1^er, 2°, b, the words "and 9°, h and k ;" are replaced by the words "and 9°, h ;".
Art. 164. In Article 242, § 1^er, 2°, of the same Code, replaced by the law of 30 January 1996, the words "vised in article 228, § 2, 3°, a, b and e, and 4° to 7°," are repealed.
Art. 165. In section 243, paragraph 4, of the same Code, replaced by the Act of 25 April 2007 and amended by the Program Law of 8 June 2008, the words " 145²¹ to 145³¹, » are replaced by the words « 145²¹ to 145³²"
Art. 166. In section 244, paragraph 1^er, 2°, of the same Code, replaced by the law of 30 January 1996, the words "subscribed in Article 228, § 2, 3°, a, b and e, and 4° to 7°," are repealed.
Art. 167. In section 244bis, paragraph 2, of the same Code, inserted by the Act of 28 December 1992, the following amendments are made:
1° the words "in sections 132 and 133" are replaced by the words "in section 132";
2° the paragraph is supplemented by the following sentence:
"The supplement referred to in section 133, paragraph 1^er1°, not granted. »
Art. 168. In section 248 of the same Code, replaced by the Act of 28 July 1992 and amended by the Royal Decrees of 20 July 2000 and 13 July 2001 and the Act of 4 May 2007, the following amendments are made:
(a) Paragraph 2 is replaced by the following:
"With respect to taxpayers referred to in section 227, 1°, paragraph 1^er is also applicable:
1° by derogation from Article 232, profits or profits produced or collected by partners or members in a civil society or association without legal personality referred to in Article 229, § 3;
2° to income of real property to which section 232, paragraph 2. »;
(b) the current text, which will form paragraph 1^er, is supplemented by paragraph 2 as follows:
“§2. However, the taxpayers referred to in section 227, 1°, who collect revenues referred to in section 228, § 2, 8°, excluding the revenues referred to in section 232, paragraph 1^er, 2°, c, may choose not to apply § 1^erParagraph 1^erTo these incomes. This choice is final, irrevocable and binds the taxpayer. In this case, the above revenues are added to the revenues referred to in section 232, paragraph 1^er, 2°, to determine the net amount and calculate the tax. »
Art. 169. In the opening sentence of Article 248, § 2, of the same Code, inserted by Article 168 of this Law, the words "and 9°, k," are inserted between the words " referred to in Article 228, § 2, 8°" and the words "excluding income".
Art. 170. In section 271 of the same Code, as amended by the Act of 6 July 1994, the Royal Decree of 20 December 1996 and the Act of 24 December 2002, the words "subject to Article 90, 1° to 4°" are replaced by the words "subject to Article 90, 1° to 4° and 12°. "
Art. 171. Article 275⁶ the same Code, inserted by the Act of 4 May 2007, is supplemented by a paragraph that reads as follows:
"This section also applies to dependants of the professional pre-payment referred to in section 270, 3°, who pay or assign directly to athletes the remuneration referred to in section 232, paragraph 1^er2°, c."
Art. 172. In section 305, paragraph 1^er, in the same Code, the words "and 248, § 2" are inserted between the words "in accordance with articles 232 to 234" and the words ", are required to give back."
Art. 173. In Article 308, § 1^er, in the same Code, the words "and 248, § 2" are inserted between the words "in accordance with articles 243 to 245" and the words ", must send."
Art. 174. In section 309, paragraph 1^erin the same Code, the words "and 248, § 2" are inserted between the words "in accordance with articles 243 to 245" and the words ", are also held".
Art. 175. Sections 162, 1 and 2 and 164 are applicable to revenues produced or collected from 1^er January 2008.
Sections 162, 3°, and 171 apply to income paid or awarded from 1^er January 2008.
Sections 160, 162, 4°, 165 to 168 and 172 to 174 are applicable from the 2009 taxation year.
Sections 159, 163, 169 and 170 apply to income paid or awarded from 1^er January 2009.
Section 161 applies to revenues generated or collected from 1^er January 2009.
CHAPTER 4. - Fortis Fund
Art. 176. It is created a "Fortis Fund", hereafter referred to as the Legal Personality Fund.
This Fund is housed in the SPF Finance - Treasury Board General Administration.
The Fund is classified as Class B of Article 1^er of the Act of 16 March 1954 on the Control of Certain Public Interest Organizations and is under the control of the Minister of Finance.
Art. 177. The Fund is fed by the State to the difference between the positive term and the negative term, both defined below:
POSITOR:
- the value of BNP-PARIBAS shares, remaining on the date of reference, plus the amount already made by the State in connection with the sale of all or part of the BNP PARIBAS shares, increased
- net dividends to which the State has been entitled by the date of reference.
NEGAINST TERMS:
- the total investment of the State in FORTIS, i.e. 9.4 billion euros, in addition to a rate of interest of 4.1% per year and a premium of 2% per year, increased
- the possible loss supported by the State in relation to its interest in the structured asset portfolio management SPV.
The date of reference is set at the date of the General Meeting of the BNP PARIBAS Group deciding on the distribution of dividends 2013.
Pursuant to Article 45 of the Acts on State Accounting, coordinated on 17 July 1991, a budgetary fund was established within the section "Public Debt" of the General Estimates, known as "Miscellaneous Non-tax Revenues for the Fortis Fund". The Fund ' s income and the expenses that may be incurred by the Fund are listed in the table annexed to the Organic Law of 27 December 1990 creating budgetary funds.
Art. 178. On presentation of coupon No. 42, only Fortis SA shareholders meeting the following conditions may receive a share of the Fund:
1st to be a natural person;
2° having the nationality of a Member State of the European Economic Area or its domicile or residence in a Member State of the European Economic Area;
3° having the property, the usufruct or the nue-property of the shares of Fortis SA at 1^er July 2008 or assets acquired by that date;
4° having applied on the basis of the rules specified in the Royal Decree.
The King rules the terms, terms and procedures for the exchange of coupon No. 42 against part of the Fund.
With respect to bearer shares, proof of ownership, usufruct or nue-property at 1^er July 2008 referred to in paragraph 1, 3°, is provided by evidence of the receipt of coupon No. 41 before 1^er July 2008.
Disputes concerning the admissibility or validity of the requested evidence may be submitted to a special college.
Disputes must be filed in writing before 1^er January 2010. This college makes a decision in this matter within 6 months.
The King determines the composition of this college and regulates its activities.
Art. 179. The Fund will be allocated 1^er July 2014.
The King rules the terms and procedure for distribution.
The apportioned amounts are tax-equipped to an action surplus.
When the Fund is allocated, the maximum value of each part is 8.96 euro.
Each coupon number 42 grants a portion of the Fund. The maximum number of parties awarded per shareholder by the Fund is 5,000.
Art. 180. The King is taking steps to ensure the financing of the Fund. He appeals against compensation to state staff. The Minister of Finance shall designate the officers necessary for the operation of the Fund. Operating costs are charged with a credit in the General Estimates. Payments to cover the operating costs of the Fund are settled by agreement between the Fund and the Minister of Finance.
Art. 181. The Fund is managed by a board of directors composed of 4 members, three of whom are appointed by the King.
The president is chosen by the board of directors among the members appointed by the King. It represents the Fund in all judicial and extrajudicial acts and procedures.
The deputy head of the Treasury Board shall be a full member and shall serve as a delegated administrator of the Fund to whom the Board of Directors or its Chair may delegate certain powers of administration or representation. The delegated administrator may, with the approval of the Board of Directors, delegate some of his or her powers to the staff of the Fund. It reports regularly to the Board of Directors or upon request from the Board of Directors.
The board of directors shall be composed equally of Francophone members and Dutch-speaking members.
Members of the board of directors may be replaced during a term of office in the event of death, resignation or revocation.
The Board of Directors of the Fund shall take all the practical measures necessary for its operation, including those relating to the payment of shareholders. It has all the powers necessary to carry out its duties. He adopts, if necessary, an internal regulation.
Art. 182. § 1^er. Article 1^er of the Act of 16 March 1954 relating to the control of certain public interest organizations, the words "Fortis Funds" are inserted in category B in alphabetical order.
§ 2. In the table annexed to the Organic Law of 27 December 1990 creating budgetary funds, last amended by the Law of 9 September 2008, is added a section "Different non-tax revenues for the Fortis Fund".
CHAPTER 5. - Registration as a contractor
Section 1^re. - Amendment of the Income Tax Code 1992
Art. 183. Article 403, § 5, paragraph 2, of the same Code, inserted by the Act of 27 April 2007, is replaced by the following:
"When the committer or contractor finds, using this data bank, that it must make the deductions referred to in § 1^er and 2, and that the amount of the invoice submitted to it is greater than or equal to EUR 7.143, he invites his contracting partner to produce an attestation establishing the amount of his debt. The attestation in question takes into account the debt on the day on which it is established. The King determines the validity of the certificate. If the contracting party asserts that the debts are greater than the deductions to be made or does not produce the certificate in question in the month of the application, the contracting party or contractor is obliged to retain and pay 15% of the amount in which it is liable, not including the value-added tax. »
Art. 184. Section 183 comes into force on 1^er January 2009.
Section 2. - Amendment of the Programme Law of 27 April 2008
Art. 185. Section 140, 3°, of the Program Law of 27 April 2007, is reported.
Art. 186. Section 185 comes into force on 1^er January 2009.
PART 16. - Employment
CHAPTER 1^er. - Employment Fund and Employment Promotion in the Non-Marchand Sector
Section 1^re. - Repeal of Royal Decree No. 181 creating a Fund for the use of supplementary salary moderation for employment
Art. 187. Royal Decree No. 181 establishing a Fund for the Use of Supplementary Salary Moderation for Employment, as amended by Royal Decrees of 23 December 1983 and 6 January 1984 and by the Acts of 22 January 1985 and 8 April 2003, is repealed.
Section 2. - Creation of a legal basis for the Royal Decree of 22 September 1989 promoting employment in the non-marchand sector
Art. 188. The King may, by order deliberately in the Council of Ministers, grant, under the conditions and terms it sets, a grant to certain subsidized services and institutions. This grant must be allocated exclusively to the creation of additional jobs.
Art. 189. This section produces its effects on 22 September 1989.
CHAPTER 2. - Miscellaneous provisions
Section 1^re. - Amendment of the Act of 20 July 2001 to promote the development of local services and employment
Art. 190. Article 2, § 1^erof the Act of 20 July 2001 to promote the development of community services and employment, as amended by the Acts of 22 December 2003 and 9 July 2004, the following amendments are made:
1° in the first paragraph, 7° and 8° are repealed;
2° paragraphs 2 and 3 are repealed.
Art. 191. In Article 2, § 2, of the Act, amended by the Acts of 22 December 2003, 27 December 2006 and 8 June 2008, the following amendments are made:
1st paragraph 1^er(b) is replaced by the following:
"(b) the undertaking undertakes to comply with the provisions of Article 7octies, paragraph 1^erof this law; »;
2° in paragraph 1^er, c), the words "category A" are replaced by the words "who during their part-time occupation are entitled to unemployment benefit, integration income or financial social assistance";
Paragraph 3 is repealed.
Art. 192. Section 7 of the Act is repealed.
Art. 193. Section 7s of the Act, as amended by the Acts of 22 December 2003 and 9 July 2004, is replaced by the following:
"Art. 7septies. The conclusion of successive fixed-term employment contracts does not result in the conclusion of an indeterminate employment contract for a period of three months from the day of the first pre-employment declaration for a contract of work title-services entered into by the same employer.
During the three-month period as referred to in paragraph 1^er, it may be derogated from the obligation to enter into a part-time employment contract at least for one third of the weekly working period applicable to a full-time worker provided for in Article 11bis of the Act of 3 July 1978 on employment contracts. During the same three-month period, it can never be derogated from the minimum limit of each working period set out in section 21 of the Labour Act of 16 March 1971.
If, at the expiry of the three-month period referred to above, benefits are made to the same employer in the bonds of a service-title employment contract, the parties are bound by an indefinite employment contract. »
Art. 194. Section 7octies of the Act, inserted by the Act of 22 December 2003, is replaced by the following:
"Art. 7octies. On the first day worked from the fourth month to the day of the first pre-employment declaration at the same employer, the parties determine the work plan applicable to the contract with an indefinite period. This contract may be concluded on a full-time or part-time basis in accordance with Article 11bis of the Act of 3 July 1978 on contracts of employment. It can never be derogated from the minimum limit of each working period set out in section 21 of the Labour Act of 16 March 1971.
It may be derogated from the requirement to enter into a part-time employment contract at least for a third of the weekly working period applicable to a full-time worker under section 11bis of the Act of 3 July 1978 on employment contracts. The minimum working time may not be less than the limit set by the King.
However, for workers who are employed with a service-title employment contract which, during their occupation, are entitled to an unemployment benefit, integration income or financial social assistance, the duration of the work cannot in any case be less than one third of the weekly working period applicable to a full-time occupied worker provided for in Article 11bis of the Act of 3 July 1978 on employment contracts. The King determines the minimum working hours of labour contracts. »
Art. 195. In section 10, paragraph 2, of the Act, amended by the Act of 22 December 2003, the words " - the specific provisions relating to the contract of work for title-services; are repealed.
Art. 196. The definitions provided for in Article 2, § 1^erParagraph 1^er, 7° and 8°, paragraph 2 and paragraph 3, of the Act of 20 July 2001 to promote the development of services and employment of proximity, as applied prior to the entry into force of this section, shall remain applicable to the securities-service contracts as long as they may, pursuant to the transitional provisions provided for in section 190 of this Act, be governed by the Act of 20 July 2001 referred to above applicable before
Art. 197. For workers, bound by a contract of service titles referred to in section 2 of the Act of 20 July 2001 to promote the development of community services and employment, for which a first pre-employment declaration was made by their employer before the coming into force of this section, the provisions of sections 7sexies to 7octies in force before the entry into force of this chapter shall remain in force for a period of four months.
At the latest, at the end of this four-month period, the parties are bound by an indeterminate employment contract meeting the requirements of section 7octies of the above-mentioned Act as amended by this chapter.
However, for workers referred to in the preceding paragraph, whose maximum period authorized by the applicable provisions before the entry into force of this chapter, as the case of 3 or 6 months of conclusion of successive fixed-term employment contracts, expires within four months of the coming into force of this chapter, the contract entered into at the end of these periods is a contract of service titles concluded for an indefinite period of time satisfactory to the prescribed period of July 2001
Art. 198. The King sets the effective date of this section.
Section 2. - Paid education
Art. 199. Article 121, § 5, paragraph 1^er, of the Law of Recovery of 22 January 1985 containing social provisions, inserted by the Law of 17 May 2007, is replaced by the following provision:
"The total amount determined in accordance with the preceding paragraphs for each calendar year is, from the 2009 calendar year, used for the claims for the school year ending in the calendar year preceding the fiscal year. »
Section 3. - Maintenance of employment assistance in the event of legal restructuring or transformation of the employer
Art. 200. In the Program Law (I) of 24 December 2002 the title of section 3bis, inserted by the Program Law (I) of 27 December 2004, is replaced by the following:
"Section 3bis - Continuation of the group-target reduction in the event of restructuring or legal transformation of the employer."
Art. 201. In section 353ter of the Act, inserted by the Program Law (I) of 27 December 2004, the following amendments are made:
1° in paragraph 1^er, the 1°, 2° and 3° are replaced by the following:
"1° the legal person who is the beneficiary of a legal restructuring operation referred to in sections 671 to 679 and 770 of the Code of Societies or who has become a society with a social purpose in accordance with sections 668 and 669 of the same Code;
2° the legal person whose heritage originates for all or part of the assignment by free contribution of the net assets after liquidation of one or more non-profit legal persons;
3° the legal person who has received a contribution made by a natural person under the conditions of section 768 of the Corporate Code. »;
2° Paragraph 2 is replaced by the following:
"The receiving body of social security contributions is considered to be a third party in relation to the restructuring operation referred to in the Corporations Code and it does not prejudice the rights of the corporation to verify that the conditions for granting and maintaining the reductions of target group contributions are met in the head of the final beneficiary corporation of the corporation. »
Section 4. - Amendment of the Act of 23 December 2005 on the pact of intergenerational solidarity
Art. 202. In section 30 of the Act of 23 December 2005 on the covenant of intergenerational solidarity, as amended by the Act of 17 May 2007, a paragraph 2bis is inserted, as follows:
“§ 2bis. If a sector has not filed a collective labour agreement for 2008 providing additional training efforts, it may exceptionally not be considered as a "sector that is making insufficient training efforts" as referred to in the previous paragraph for 2008 if it provides, beyond the increase in training efforts referred to in paragraph 2, a complementary effort as defined in paragraph 2 in 2009 and 2010 in the 2009 collective labour agreement or agreements. »
PART 17. - Social affairs
CHAPTER 1^er. - Family allowances
Section 1^re. - Family allowances for wage workers
Art. 203. In section 33, paragraph 2, 4°, (c), coordinated laws of 19 December 1939 relating to family allowances for employed workers, as amended by the laws of 22 February 1998 and 24 December 2002, the words "non-affiliated with the credit union referred to in section 32" are inserted between the words "employers" and the words "subscribed persons". »
Art. 204. In section 42bis, § 4, paragraph 2, of the same laws, replaced by the law of 27 December 2006, the following amendments are made:
1° in (a), the words "as defined in article 213, paragraph 3, first sentence", are replaced by the words "as a result of the application of articles 212, paragraph 3, and 213, paragraph 1^er, first sentence »;
2° in (b), the words "that obtained under the provisions of (a), increased", are replaced by the words "the maximum daily amount of the disability allowance for the dependant worker as set out in section 213, paragraph 3, first sentence, of the Royal Decree of July 3, 1996 enforcing the law relating to compulsory health care and multiplied allowances coordinated on July 14, 1994,".
Art. 205. The following amendments are made to section 42bis, the same Acts, replaced by the Program Act (I) of 27 December 2006:
1° to § 1^er, 2°, the words "indemnified complete unemployed" are replaced by the words "full unemployed";
2° to § 3, paragraph 1^er, the words "complete unemployment compensation" are replaced by the words "full unemployment";
3° in § 3, paragraph 2, the words "complete unemployment compensation" are replaced by the words "full unemployed."
Art. 206. In article 56novia, 1° and 2°, of the same laws, the word "partial" is replaced by the word "temporary".
Art. 207. Articles 205 and 206 come into force on the date determined by Royal Decree deliberated in the Council of Ministers.
Art. 208. Section 51, § 2, of the same laws, replaced by the Act of 22 December 1989, is replaced by the following provision:
“§2. In addition, family allowance attributes at the rates and supplements provided for in these provisions are the person carrying on the activity referred to in section 42bis, § 1^er4°, as well as persons referred to in articles 55 to 56bis and 56quater to 57. »
Art. 209. Section 52, paragraph 2, of the Act, replaced by the Act of 5 January 1976 and amended by the Act of 22 December 1989, is supplemented by the following sentence:
"When using this faculty, the Minister or the designated official shall determine the monthly amount of family allowances due. »
Art. 210. In Article 64, § 2, A, paragraph 1^er, 2°, of the same laws, replaced by Royal Decree No. 122 of 30 December 1982, a) is replaced by the following:
"(a) in the head of the father, mother, father-in-law, mother-in-law. In the event of the adoption of the child by persons of the same sex, the right to family allowances is fixed by priority in the head of the oldest adopters. »
Art. 211. Article 69, § 1^erParagraph 1^er, of the same laws, replaced by the Royal Decree of 21 April 1997, is supplemented by the following sentence:
"In the event of the adoption of the child by two persons of the same sex, the family allowances are paid to the older adopters. »
Art. 212. Article 69, § 1^erParagraph 3, of the same Acts, replaced by the Act of 25 January 1999 and amended by the Act of 8 May 2001, is replaced by the following paragraphs:
"When both parents who do not cohabit jointly exercise parental authority within the meaning of section 374 of the Civil Code and the child is not raised exclusively or primarily by another allocator, the allowances are paid in full to the mother. However, family allowances are paid in full to the father, as of the date of his application, if the child and himself have, on that date, the same principal residence within the meaning of section 3, paragraph 1^er, 5°, of the Act of 8 August 1983 organizing a National Register of Physical Persons.
When one of the parents contests the opportunity for payment of family allowances made under the provisions of paragraph 3, he or she may ask the Labour Court to designate him as an allocator in the child's interest. This designation produces its effect on the first day of the month following that in which the court's decision is notified to the competent family allowance agency.
In the situations referred to in paragraph 3, the payment of family allowances may, at the request of both parents, be made on an account to which they have both access. »
Art. 213. Article 70bis, paragraph 1^er, the same laws, inserted by the law of 30 June 1981, are supplemented by the following sentence:
"However, when the change occurs on the first day of a month, its effects take place on that day. »
Section 2. - Family allowances guaranteed
Art. 214. In article 2, paragraph 1^er, 1°, of the Act of 20 July 1971 establishing guaranteed family benefits, replaced by Royal Decree No. 242 of 31 December 1983, the words "of the person with whom the person is established in the household" are replaced by the words "of the person with whom the person declares to form a de facto household, the conditions fixed by Article 51, § 3, paragraph 2, of the coordinated laws relating to the paid family allowances for employed workers, »
Art. 215. In section 3 of the Act, the following amendments are made:
1° to paragraph 1^er, b), replaced by Royal Decree No. 6 of 11 October 1978, the words "is not established in household with another person. are replaced by the words "do not form a de facto household with a person other than a parent or allied to the third degree inclusively. »;
2° Paragraph 2, as amended by Royal Decree No. 242 of 31 December 1983, is replaced by the following paragraphs:
"Without prejudice to the application of the provisions of the fourth paragraph, all resources, regardless of the nature or origin, of which the person in charge of the child, his or her undivided spouse of fact or body and property, or the person, other than a parent or ally up to the third degree inclusively, with which he or she forms a de facto household, shall be taken into consideration.
For the purposes of this section, cohabitation with a person other than a parent or allied up to the third degree inclusively presumes, until proven otherwise, the existence of a de facto household. »
Art. 216. Section 6 of the Act, as amended by the Act of 4 April 1991, is replaced by the following provision:
“Art. 6. Are applicable by analogy:
- Article 68 of the co-ordinated laws relating to family allowances for employed workers, the applicant replacing the attribute for the purposes of paragraph 2 of that provision;
- without prejudice to Article 10, Article 69 of the same laws, except § 1^erparagraphs 3 to 5 of that provision;
- articles 70bis, paragraph 1^er173quater, 173quinquies and 173sexies of the same laws. »
Art. 217. In section 7 of the Act, replaced by the Act of 29 December 1990 and amended by the Act of 30 December 2001, is inserted, between paragraphs 3 and 4, a paragraph that reads as follows:
"The application for adoption allowance must be introduced in the year of adoption. »
Section 3. - Entry into force
Art. 218. The provisions of this chapter come into force on 1^er January 2009, except:
- of Article 208 which produces its effects on 1^er January 2007;
- of Article 216 in that it provides for the application by analogy of Article 68 of the same laws, which produces its effects on 17 August 2008.
CHAPTER 2. - National Social Security Office
Section 1^re. - Payment or refund of traffic fines by the employer
Art. 219. Section 38 of the Act of 29 June 1981 establishing the general principles of social security for wage workers, as amended lastly by the Act of 24 July 2008, is supplemented by paragraph 3decies, which reads as follows:
Ҥ3decies. The employer must pay a 33% solidarity contribution on the amount he pays instead of his worker or reimburses his worker as a payment of a rolling fine incurred by the worker in the performance of his employment contract.
A rolling fine referred to in paragraph 1 is defined as:
1° the rolling fines resulting from a serious traffic offence (third and fourth degree offences) and the rolling fines of a minimum of 150 euros from a speed offence;
2° the roll fines as a result of a light traffic offence (first and second degree offences) and the roll fines of less than 150 euros from a speed offence. An amount of 150 euros on an annual basis is exempt from the solidarity contribution.
The solidarity contribution is not due to rolling fines from rolling stock and the conformity of loading.
The contribution is paid by the employer to the body responsible for the collection of social security contributions from employees.
The proceeds of this contribution shall be transferred to the overall SONS-management referred to in section 5, paragraph 1^er, 2°, of the law of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers.
The provisions of the general social security system of employed workers, in particular with regard to declarations with justification of contributions, payment deadlines, application of civil sanctions and criminal provisions, control, determination of the competent judge in the event of a dispute, limitation of legal action, privilege and disclosure of the amount of the debt, are applicable. »
Art. 220. Section 219 comes into force on the first day of the quarter following that of the publication of this Act to the Belgian Monitor.
Section 2. - Amendment of the Act of 27 December 2007 amending article 30bis of the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers
Art. 221. Section 3 of the Act of 27 December 2007 amending section 30bis of the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers, is repealed.
Art. 222. Section 4 of the Act is replaced by the following:
“Art. 4. Section 2 comes into force on 1^er January 2008. »
Art. 223. Article 221 comes into force on 1^er January 2009.
CHAPTER 3. - Professional Disease Fund
Discharged and unpaid for death
Art. 224. Section 64bis of the laws relating to the prevention of occupational diseases and the repair of damage resulting from them, coordinated on 3 June 1970, is replaced by the following provision:
"Art. 64bis. In the event of the death of the beneficiary of a benefit provided for in this chapter, the obligated and unpaid arrears shall be paid only to the natural persons and in the following order:
1° to the spouse with whom the beneficiary lived at the time of his death or to the person with whom the beneficiary legally lived at the time of his death and with whom he had established, in accordance with article 1478 of the Civil Code, a contract requiring the parties to a relief duty that, even after a possible rupture, may have financial consequences;
2° to children with whom the beneficiary lived at the time of his death;
3° to any person with whom the beneficiary lived at the time of his death;
4° to heirs who do not live with the recipient at the time of his death, upon presentation of a notoriety act.
The beneficiaries listed in 3° and 4° above who wish to obtain the liquidation for their benefit of the arrears owed and not paid to a deceased beneficiary, shall be subject to imprisonment, submit their request for payment within six months.
This period takes place on the day of the recipient's death or on the day the notification of the decision is sent after the death. »
Art. 225. Article 224 produces its effects from the first day of the month following the publication of this law to the Belgian Monitor. It applies to obligated and unpaid arrears as a result of death from that date.
CHAPTER 4. - Overseas Social Security Office Amendment of the Overseas Social Security Act of 17 July 1963
Art. 226. Article 2, § 1^erthe following amendments are made to the Act of 17 July 1963 on Overseas Social Security, replaced by Act of 15 January 1990 and amended by Act of 21 December 1994:
1° paragraph 2 is replaced by the following paragraph:
"The management committee is composed of a chair and twelve members. »;
2° Paragraph 6 is replaced by the following paragraph:
"Ten effective members and four alternate members, who have only one deliberative vote, five of whom are staff and two alternates represent employers' representative organizations and five staff and two alternate workers' representative organizations, are appointed on the proposal of the Minister who has the Social Provident in his office. »
Art. 227. Article 12 of the same Act, replaced by the Act of 22 February 1971, the current text of which will form § 1^er, is supplemented by paragraph 2, as follows:
“§2. From 1^er January 2009, participation in insurance referred to in § 1^er is limited to nationals of a Member State of the European Economic Area and Switzerland and to nationals of other countries employed by the Belgian State, the Regions or the Communities or a company whose head office is established in Belgium.
Nationals from other countries that, as of December 31, 2008, participate in the aforementioned assurances and do not meet the requirement of the first paragraph, may continue this participation until they terminate it. »
Art. 228. Sections 226 and 227 come into force on 1^er January 2009.
CHAPTER 5. - National Disability Insurance Institute Fraudulent Affiliation
Art. 229. In section 164 of the Compulsory Health Care Insurance Act, coordinated on 14 July 1994, as amended by the Acts of 24 December 1999, 20 December 1995 and 14 January 2002, the ninth paragraph is replaced by the following provision:
"If the affiliation or registration in an erroneous quality results from fraudulent manoeuvres, the value of the benefits granted to the beneficiary who performed these manoeuvres is always to be recovered, whether the affiliation or registration may, or not, be regulated by taking into consideration another valid quality. »
Art. 230. Section 229 comes into force on 1^er January 2009.
PART 18. - Inside
CHAPTER 1^er. - Amendments to the Act of 10 April 1990 regulating private and special security
Art. 231. In Article 5, paragraph 1^er, 8°, of the Act of 10 April 1990 regulating private and special security, the words "are a serious breach of professional ethics and of this fact infringe on the credit of the person concerned" are replaced by the words "infring on the trust in the person concerned, because he does not respect his social obligations as an entrepreneur or business leader, or because these facts constitute a serious breach of professional ethics or §^erbis. »
Art. 232. In Article 6, paragraph 1^er, 8°, of the same law, the words "constitute a serious breach of professional ethics and thus infringe upon the credit of the person concerned" are replaced by the words "infring on the trust in the person concerned, because they constitute a serious breach of professional ethics or a contraindication to the desired profile, as referred to in Article 7, § 1^erbis. »
Art. 233. In section 7 of the Act, the following amendments are made:
1° in paragraph 1^er, paragraph 2, the words "defined by the King" are replaced by the words "as referred to in Articles 5, paragraph 1^er, 8°, and 6, paragraph 1^er8°. »;
2° it is inserted a § 1^erbis as follows:
« § 1^erbis. The desired staff profile referred to in articles 5, paragraph 1^er, 8°, and 6, paragraph 1^er, 8°, is characterized by:
1° respect for the fundamental rights of citizens;
2° integrity;
3° a ability to cope with aggressive behaviour on the part of third parties and to control themselves in such situations;
4° absence of suspicious ties with the criminal community.
Professional ethics referred to in articles 5, paragraph 1^er, 8°, and 6, paragraph 1^er, 8°, is provided in a code of ethics, which incorporates the profile referred to in paragraph 1^er, and is determined by the King, by deliberate decree in Council of Ministers. »
Art. 234. In section 22 of the Act, subsection 9 is replaced by the following:
“§ 9. Pending the entry into force of the Royal Decree bearing the Code of Ethics referred to in Article 7, § 1^erbis, paragraph 2, the Minister of the Interior appreciates the facts referred to in articles 5, paragraph 1^er, 8° and 6, paragraph 1^er8° which constitute a serious breach of professional ethics. This paragraph ceases to be in force no later than twenty four months after its entry into force. »
CHAPTER 2. - Amendments to the Act of 15 April 1994 on the Protection of Population and the Environment from the Hazards of Atomic Radiation and the Federal Nuclear Control Agency
Art. 235. In the Act of 15 April 1994 on the protection of the population and the environment from the dangers of ionizing radiation and related to the Federal Nuclear Control Agency, an article 14bis is inserted as follows:
"Art. 14bis. The Agency may carry out all acts and activities that directly or indirectly contribute to the fulfilment of the tasks referred to in this Act. The Agency may also, alone or jointly with others, establish legal entities with the exclusive purpose of contributing to and participating in its missions. In addition, the Agency may participate in legal entities with the exclusive purpose of contributing to the delivery of Agency missions. »
Art. 236. Section 28 of the Act is replaced as follows:
“Art. 28. Under its own responsibility, the Agency may call upon, for the exercise of certain missions, the collaboration of bodies specifically authorized by the Agency for this purpose or to legal entities specially created by the Agency for this purpose.
In whole or in part, the missions relating to the permanent control of the execution of the mission by the physical control service that the head of business is required to organize, the reception of the new facilities, the approval of certain decisions taken by the physical control service.
With respect to the transport of special fissile products, the Agency may also delegate to an approved body or an entity established by it the permanent monitoring of the loading, transport and delivery of such products. »
Art. 237. Section 30 of the Act is replaced as follows:
"Art. 30. § 1^er. The duties referred to in section 28, which are entrusted to an entity specially created by the Agency for this purpose, are specified by the King who also determines the terms and conditions for the payment of the benefits performed by the entity, as well as the terms and conditions of the Agency's control over the missions entrusted to the entity.
§ 2. The duties referred to in section 28, which are entrusted to an Agency-approved body, are assigned on the basis of a specification of duties.
The King approves the specifications that the Agency has established.
The Agency designates the market attribute agency based on the specifications and regular offers received. »
Art. 238. In section 67, paragraphs 1^er and 2, of the Act are replaced as follows:
« § 1^er. Nuclear facilities operators are required to entrust to approved bodies for an indefinite period, under the Act of 29 March 1958 on the protection of the population from the hazards resulting from the ionizing radiation, the specific missions referred to in section 28, paragraph 2, until the time the missions are repeated, either by the Agency itself, in accordance with sections 15 and 16, or by an authorized body, or by an entity specially created by the Agency
§ 2. Existing accredited bodies are required to independently carry out the above-mentioned missions that are entrusted to them until such missions are resumed, either by the Agency itself, pursuant to sections 15 and 16, or by an accredited body, or by an entity specially created by the Agency for that purpose, in accordance with sections 28 and 30.
To this end, they maintain their existing approval. Notwithstanding section 29, their aggregation and their missions shall end of law at a time when the missions referred to in section 28, paragraph 2, shall be implemented either by the Agency itself, in accordance with sections 15 and 16, or by an authorized body, or by an entity specially created by the Agency for that purpose, in accordance with sections 28 and 30. »
Art. 239. This chapter produces its effects on 1^er January 2008.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 22 December 2008.
ALBERT
By the King:
The Prime Minister,
Y. LETERME
Minister of Finance,
D. REYNDERS
Minister of Social Affairs and Public Health,
Mrs. L. ONKELINX
The Minister of the Interior,
P. DEWAEL
The Minister of Employment,
Mrs. J. MILQUET
Minister of P.M.E., Independents and Agriculture,
Mrs. S. LARUELLE
Minister of Social Integration, Pensions and Major Cities,
Mrs. Mr. ARENA
Minister of Defence,
P. DE CREM
Minister of Climate and Energy,
P. MAGNETTE
The Minister of Public Service and Public Enterprises,
Ms. I. VERVOTTE
For the Minister for Business and Simplification, absent:
Deputy Prime Minister and Minister of the Interior,
P. DEWAEL
Minister of Migration and Asile Policy,
Ms. A. TURTELBOOM
The Secretary of State for Mobility,
E. SCHOUPPE
Seal of the state seal:
Minister of Justice,
J. VANDEURZEN
____
Note
(1) Documents of the House of Representatives:
52-1608 - 2008/2009:
001: Bill. - 002 to 006: Amendments. - 007 to 013: Reports. - 014: Text adopted by the commissions. - 015 and 016: Amendments. - 017 : Articles modified by the commission. - 018: Supplementary report. - 019: Text adopted in plenary and transmitted to the Senate. - 020: Amendments.
Full report: 10 and 11 December 2008.
Documents of the Senate:
4-1051 - 2008/2009:
Number 1: Project referred to by the Senate. - No. 2: Amendments. - n^bones 3-6: Reports. - No. 7: Decision not to amend.
Annales of the Senate: December 18, 2008.