belgiquelex.be - Carrefour Bank of Legislation

24 JULY 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 I^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
PART II. - Finance
CHAPTER I^er. - Income tax
Section 1^re. - Changes in the tax of natural persons
Art. 2. The title II, chapter II, section IV, subsection III, B, 1°, of the Income Tax Code 1992, is replaced by the following:
"1° Exports - Integral quality management".
Art. 3. In Article 67, § 1^er, of the same Code, replaced by the law of 27 October 1997 and amended by the Royal Decrees of 20 July 2000 and 13 July 2001 and by the law of 27 December 2006, the second is repealed.
Art. 4. In section 90 of the Code, amended by Royal Decrees of 20 December 1996, 20 July 2000 and 13 July 2001 and by the Acts of 10 August 2001, 15 December 2004, 27 December 2005 and 25 April 2007, are amended as follows:
(a) in the 3rd, the words "grant annuities attributed" are replaced by the words "food annuities regularly attributed";
b) in the 12th, the words "the National Fund of Scientific Research, the "Wetenschappelijk Onderzoek-Vlaanderen Fund", the "Fund of Scientific Research - FNRS" are replaced by the words "Federaal Fonds voor Wetenschappelijk Onderzoek - Fonds fédéral de la Recherche scientifique - FFFFWO/FFRS", the "Fond voor Wechtens
Art. 5. In section 104 of the same Code, last amended by the Act of 25 April 2007, the following amendments are made:
(a) 3°, a, is replaced by the following:
"(a) institutions that fall under the application of the decree of 12 June 1991 on universities in the Flemish Community, or the decree of 5 September 1994 on the regime of academic and academic studies of the French Community or approved university hospitals; »;
b) in the 3rd, b, the words "to the National Scientific Research Fund, to the "Wetenschappelijk Onderzoek-Vlaanderen Fund", to the Scientific Research Fund - FNRS," are replaced by the words "to the "Federaal Fonds voor Wetenschappelijk Onderzoek - Fonds fédéral de la Recherche scientifique - FFWO/FFRS", to the " Fonds voor We
(c) in 3°, c, the words "to public welfare centres" are replaced by the words "to public social action centres";
(d) in 3°, h, the words "created or approved" are replaced by the words "created or approved";
(e) in the 4th, the words "developing countries" are replaced by the words "developing countries";
(f) in the 5th, the words "to public welfare centres" are replaced by the words "to public social action centres".
Art. 6. In section 143 of the Code, as amended by the Acts of 6 July 1994, 22 December 1998, 10 August 2001, 6 July 2004 and 11 July 2005, the following amendments are made:
(a) the 2° is replaced by the following:
"2° of income received by a person with a disability who is in principle entitled to allowances under the Act of 27 February 1987 relating to allowances for persons with disabilities, up to the maximum amount to which that person may be entitled in accordance with that Act; »;
(b) in the 4th, the words "in a recognized protected workshop" are replaced by the words "in a suitable approved work company".
Section 2. - Miscellaneous changes
Income Tax Code 1992
Art. 7. In section 265, paragraph 2, 3, of the same Code, inserted by the Act of 27 April 2007, the following amendments are made:
1° the first dash is replaced by the following:
" - allocated or assigned by an insurance company to a local government referred to in section 161 of the New Municipal Law, or to section 7 of the Act of 6 August 1993 on the pensions of the appointed personnel of local administrations, and subject to the tax of legal persons; »;
2° to the second dash, a, the words "to articles 161 and 161bis referred to above; are replaced by the words "in section 161 of the New Municipal Law, or in section 7 of the Act of 6 August 1993 referred to above; »;
3° the second dash, b, is replaced as follows:
"(b) the capital incurred by the above-mentioned local administration is intended to cover charges relating to legal pensions by a payment from the insurance company:
1. or directly to the former employees of the local administration in question or their beneficiaries;
2. or indirectly to a social security institution responsible for the payment of the aforementioned legal pensions; »;
4° in the second dash, d, the words "by the public administration or by the public body" are replaced by the words "by the local administration".
Art. 8. In section 275³§ 1^erthe same Code, inserted by the Act of 23 December 2005 and amended by the Acts of 23 December 2005, 27 December 2006 and 25 April 2007, the following amendments are made:
1° in paragraph 1^er, the words "the National Scientific Research Fund, the Scientific Research Fund - FNRS, as well as the "Wetenschappelijk Onderzoek-Vlaanderen Fund" are replaced by the words "Federaal Fonds voor Wetenschappelijk Onderzoek - the Federal Fund for Scientific Research - FFRSWO/FFRS", the " Fonds voor Wetenschappelijk Onderzoek
2° in paragraph 3, 3°, the words "research or development programs" are replaced by the words "research and development programs".
Art. 9. Article 531 of the same Code, inserted by the Programme Law (I) of 27 December 2006, is supplemented by the words "and § 1^er, 2°, of section 67, as it existed before being repealed by the Program Law (I) of 27 December 2006.
Section 3. - Entry into force
Art. 10. Section 7 produces its effects on interest paid or awarded from 1^er January 2007.
Section 5 is applicable to liberalities paid from 1^er January 2008.
Sections 2, 3, 4, 1°, 6, 1° and 9 are applicable from the 2009 taxation year.
CHAPTER II. - Amendment of the Act of 8 August 1980
budget proposals 1979-1980
Art. 11. Article 179, § 2, 1°, of the Act of 8 August 1980 on budget proposals 1979-1980, replaced by the law of 11 January 1991, is supplemented by the following sentence:
"For the application of federal tax laws, the NFB is assimilated to the state. "
CHAPTER III. - Confirmation of various orders
Art. 12. Confirmed with effect on the date of their respective entry into force:
1. the Royal Decree of 29 November 2006 implementing the Act of 26 November 2006 amending section 51 of the Income Tax Code 1992;
2. the Royal Decree of 29 November 2006 granting a further reduction in professional pre-payment for professional costs;
3. the Royal Decree of 18 December 2006 amending, in the matter of professional pre-payment, RA/CIR 92 and establishing the Flemish flat-rate reduction of the professional pre-payment;
4. the Royal Order of 25 February 2007 amending RA/IRC 92 with respect to tax reductions for expenses incurred to secure a dwelling against theft or fire;
5. the Royal Order of February 25, 2007 amending, with respect to the nature of the benefits realized in the context of the tax reduction for residential renovation expenses given for rent to a moderate rent, RA/CIR 92;
6. the Royal Decree of 23 March 2007 implementing the Act of 26 November 2006 amending section 51 of the Income Tax Code 1992;
7. the Royal Decree of 9 April 2007 granting a further reduction in professional pre-payment for professional costs;
8. the Royal Decree of April 21, 2007 amending, in the matter of professional pre-payment, RA/IRC 92;
9. the Royal Decree of 3 June 2007 amending, in respect of professional pre-payment, the RA/IRC 92;
10. the Royal Decree of 3 June 2007 implementing articles 154bis, paragraph 3, and 2751, paragraph 4, of the Income Tax Code 1992;
11. the Royal Decree of 7 December 2007 amending, in the matter of professional pre-payment, the AR/CIR 92 and the Flemish lump-sum reduction of the professional pre-payment.
Art. 13. Article 12 comes into force on the day of the publication of this Act to the Belgian Monitor.
CHAPTER IV. - e-Notariat
Section 1^re. - Amendments to the Tax Code
income 1992
Art. 14. Section 433 of the Income Tax Code 1992, as amended by the Royal Decree of March 31, 2003, is replaced by the following:
"Art. 433. § 1^er. Notaries required to conduct an act intended for the alienation or mortgage assignment of a building, ship or ship are personally responsible for the payment of taxes and accessories that may result in mortgage registration, if they do not notify:
1° the service designated for this purpose by the Minister of Finance, his or her delegate or the competent authority, by means of a procedure using computer technology;
2° the receiver of the contributions in the jurisdiction of which the owner or usufructier of the property has his domicile or principal place of business and, in addition, if it is a building, the receiver of the contributions in the jurisdiction of which he is located, where the communication of the notice cannot, because of a case of force majeure or a technical malfunction, be carried out in accordance with 1°. In this case, the notice must be duplicated and sent by registered letter to the position.
§ 2. If the intended act has not passed within three months from the date of the shipment of the notice, the notice will be considered non-avenue.
When the communication of the notice is carried out in accordance with § 1^er, 1°, the date on which the notice is sent is the date of the acknowledgement of receipt communicated by the designated service for that purpose by the Minister of Finance, his or her delegate or the competent authority.
§ 3. When the same notice is sent successively in accordance with the procedures set out in § 1^er1° and 2°, the notice established in accordance with § 1^er, 2° only takes precedence when its date of shipment is before the date of shipment of the notice established in accordance with § 1^er1°.
§ 4. The Minister of Finance, his or her delegate or the competent authority shall determine the terms and conditions for the application of this Article. "
Art. 15. In Article 434 of the same Code, as amended by the Royal Decree of March 31, 2003, the words ", as the case may be, in Article 433, § 1^er or § 2 are replaced by the words "in Article 433".
Art. 16. Section 435 of the same Code is replaced by the following:
"Art. 435. § 1^er. Where the act referred to in section 433 has passed, the notice referred to in section 434 shall take precedence in the hands of the notary over the sums and values it holds under the act on behalf of or for the benefit of the debtor and shall be contrary to the price within the meaning of section 1642 of the Judicial Code in cases where the notary is required to distribute these sums and values in accordance with sections 1639 to 1654.
Without prejudice to the rights of third parties, where the act referred to in section 433 is passed, the notary is required, subject to the application of sections 1639 to 1654 of the Judicial Code, to pay in the hands of the receivers direct contributions, no later than the eighth working day following the passing of the act, the sums and values that he holds under the act for the account or to the extent of the debt
In addition, if the sums and values so seized-and-arrested are less than all amounts due to registered creditors and opposing creditors, including recipients of direct contributions, the notary must, under penalty of being personally responsible for the surplus, inform the notary no later than the first business day following the disposition of the act:
1° the service designated for this purpose by the Minister of Finance, his or her delegate or the competent authority, by means of a procedure using computer technology;
2° the above-mentioned receivers, by registered letter to the position, where the notary may not, because of a case of force majeure or technical malfunction, communicate the information in accordance with 1° or when the notary has forwarded the notice referred to in section 433 by registered letter to the position.
Depending on the case, the date of the information is that of the date of the acknowledgement of receipt communicated by the designated service to that end by the Minister of Finance, his or her delegate or the competent authority, or the date of filing at the post of the recommended letter.
§ 2. When the same information is sent successively according to the procedures set out in § 1^er, paragraph 3, 1 and 2°, information established in accordance with § 1^er, paragraph 3, 2°, only prevails when its date of shipment is prior to the date of shipment of information established in accordance with § 1^er3, 1°.
§ 3. Without prejudice to the rights of third parties, the transcript or registration of the act is not enforceable to the State, if the registration of the legal mortgage takes place within eight working days of the date of the information referred to in § 1^erParagraph 4.
Inoperative with respect to the claims of taxes and accessories notified in accordance with Article 434, all unregistered claims for which seizure or opposition is made only after the expiry of the period provided for in § 1^erParagraph 3.
§ 4. The Minister of Finance, his or her delegate or the competent authority shall determine the terms and conditions for the application of this Article. "
Art. 17. In Article 436 of the same Code, the words "paragraph 3" are replaced by the words "§ 3, paragraph 1^er "
Section 2. - Amendments to the Code
value added tax
Art. 18. In section 93ter of the Value Added Tax Code, inserted by the Act of 8 August 1980 and amended by the Acts of 22 December 1989 and 28 December 1992 and by the Royal Decrees of 20 July 2000, 13 July 2001 and 31 March 2003, the following amendments are made:
1° § 1^er is replaced by the following:
« § 1^er. The notary required to establish an act intended for the alienation or mortgage assignment of a property subject to hypothec, is required to request the owner or usufructier of all or part of that property if the property is a subject or a member of a T.V.A. unit within the meaning of Article 4, § 2.
In the event that the answer is affirmative, the notary required to conduct this act is personally responsible for the payment of the value added tax and accessories that may give rise to a mortgage registration if the notary does not notify:
1° the service designated for this purpose by the Minister of Finance, his delegate or the competent authority through a procedure using computer technology;
2° the official designated by the King when the communication of the notice cannot, because of a case of force majeure or technical malfunction, be carried out in accordance with 1°. In this case, the notice must be duplicated and sent by registered letter to the position.
If the intended act has not passed within three months from the date of the shipment of the notice, the notice will be considered non-avenue.
When the communication of the notice is made in accordance with paragraph 2, 1°, the date of shipment of the notice is the date of the acknowledgement of receipt communicated by the designated service to that end by the Minister of Finance, his delegate or the competent authority.
Where the same notice is sent successively in accordance with the procedures set out in paragraph 2, 1 and 2 respectively, the notice established pursuant to paragraph 2, 2° shall only prevail when the date of the notice is before the date of shipment established in accordance with paragraph 2, 1°.
The Minister of Finance, his or her delegate or the competent authority shall determine the terms and conditions of application of this paragraph. »;
2° § 1^erbis is repealed.
Art. 19. In article 93quater of the same Code, inserted by the law of 8 August 1980 and amended by the Royal Decree of 31 March 2003, the words "as the case may be, provided in article 93ter, § 1^er or § 1^erbis are replaced by the words "as provided in Article 93ter, § 1^er "
Art. 20. Section 93quinquies of the same Code, inserted by the Act of 8 August 1980, is replaced by the following:
"Art. 93quinquies. § 1^er. Where the act referred to in section 93ter has passed, the notification referred to in section 93quater shall take precedence and judgment in the hands of the notary over the sums and values held by the notary on behalf of or for the benefit of the debtor and shall be in opposition to the price within the meaning of article 1642 of the Judicial Code in cases where the notary is obliged to distribute such sums and values in accordance with articles 1639 to 1654^er, took place.
Without prejudice to the rights of third parties, where the act referred to in section 93ter is passed, the notary shall, subject to the application of sections 1639 to 1654 of the Judicial Code, pay in the hands of the employee designated under section 93ter, not later than the eighth working day following the passing of the act, the amounts and values that he holds under the act for the benefit or the benefit
In addition, if the sums and values so seized-and-arrested are less than all amounts due to registered creditors and opposing creditors, including the receivers of the value-added tax, the notary must, under penalty of being personally responsible for the surplus, inform the notary no later than the first business day following the disposition of the act:
1° the service designated for this purpose by the Minister of Finance, his or her delegate or the competent authority, by means of a procedure using computer technology;
2° the employee designated under section 93ter, by registered letter to the position, where the notary is unable, because of a case of force majeure or technical malfunction, to communicate the information in accordance with the 1° or when the notary has forwarded the notice referred to in section 93ter by registered letter to the position.
Depending on the case, the date of the information is that of the date of the acknowledgement of receipt communicated by the designated service to that end by the Minister of Finance, his or her delegate or the competent authority, or the date of filing at the post of the recommended letter.
§ 2. When the same information is sent successively according to the procedures set out in § 1^er, paragraph 3, 1 and 2°, information established in accordance with § 1^er, paragraph 3, 2°, only prevails when its date of shipment is prior to the date of shipment of information established in accordance with § 1^er3, 1°.
§ 3. Without prejudice to the rights of third parties, the transcript or registration of the act is not enforceable to the State, if the registration of the legal mortgage takes place within eight working days of the date of the information referred to in § 1^erParagraph 4.
Inoperative with respect to the claims of the value-added tax and any accessories notified in accordance with section 93quater, any receivables not registered for which seizure or opposition is practised only after the expiry of the period prescribed in § 1^erParagraph 3.
§ 4. The Minister of Finance, his or her delegate or the competent authority shall determine the terms and conditions for the application of this Article. "
Art. 21. In article 93sexies of the same Code, inserted by the law of 8 August 1980, the words "paragraph 3" are replaced by the words "paragraph 3, paragraph 1^er "
Section 3. - Entry into force
Art. 22. Articles 14 to 21 produce their effects on 1^er March 2007.
CHAPTER V. - dormant accounts, safes and insurance contracts
Section 1^re. - Preliminary provisions
Art. 23. For the application of this chapter and its enforcement orders, it is necessary to hear by:
1° accounts: accounts, savings accounts, term deposit accounts or refundable with notice, accounts or other accounts in which assets held by depositary institutions on behalf of their customers are individualized;
2° insurance contracts: insurance contracts subject to Belgian law, referred to in section 97 of the law of 25 June 1992 on the land insurance contract, covering the risks of nuptiality or birth, and concluded for the benefit of a natural person. The supplementary insurance coverage providing for capital payable in the event of death follows the main coverage referred to in section 97 above;
3° dormant accounts: accounts that have not been the subject of any interventions for at least five years;
4° dormant boxes: safes for which the rent has not been paid for at least 5 years and which were opened at the initiative of the rental establishment after termination of the rental contract;
5° dormant insurance contracts: insurance contracts that have not been the subject of an intervention by the beneficiary within six months of the knowledge of the risk occurrence by the insurance company;
6° Depositary establishment:
(a) any credit institution referred to in section 1^er, paragraph 2, 1°, of the Act of 22 March 1993 on the Status and Control of Credit Institutions;
(b) any investment undertaking referred to in the Act of 6 April 1995 relating to the status and control of investment companies, which operates in Belgium and may receive money deposits, other reimbursable funds or securities from the public under Belgian law;
(c) POST;
7th rental institution: any credit institution referred to in section 1^er, paragraph 2, 1°, of the Act of 22 March 1993 on the Status and Control of Credit Institutions, which rents safes;
8° insurance company: any insurance company within the meaning of section 91bis, 1° and 2°, of the Act of 9 July 1975 relating to the control of insurance companies;
9° in insurance: any person engaged in insurance intermediation as defined in section 1^er1°, of the Act of 27 March 1995 on the intermediation of insurance and reinsurance and the distribution of insurance;
10° holder: any natural person, including the right holders and the legal representative, having the power to dispose of the assets on the dormant account;
11° tenant: any natural person who has the right to access the safe;
12° Recipient: any natural person who may claim benefits under the Land Insurance Contract Act of 25 June 1992;
13° licensee intervention: any operation of the licensee on any of its accounts with the depositary establishment or any contact of the licensee with the depositary establishment;
14° tenant intervention: payment of the late rent by the tenant and any contact of the tenant with the rental establishment;
15° Recipient intervention: any contact of the beneficiary with the insurance company relating to the liquidation of insured benefits;
FEBELFIN: Belgian Financial Sector Federation;
17° Caisse : Caisse des Dépôts et Consignations prévue à l'article 1^er of Royal Decree No. 150 of 18 March 1935 coordinating the laws relating to the organization and operation of the Caisse des Dépôts et Consignations and amending it under the Act of 31 July 1934.
Art. 24. This chapter is not applicable:
1° to life insurance contracts entered into in the framework:
(a) the Act of 28 April 2003 on supplementary pensions and the tax system of supplementary pensions and certain additional social security benefits;
(b) Part II, Chapter I, Section 4, of the Programme (I) Act of 24 December 2002;
2° to life insurance contracts entered into pursuant to a commitment to form a supplementary pension, in the context of professional activity, other than those covered by 1°;
3° to life insurance contracts that exclusively provide for a life benefit that runs in the form of an annuity whose execution has already begun.
Art. 25. This chapter does not apply to dormant accounts, trunks and insurance contracts that for legal, judicial or conventional reasons are unavailable, as long as this is unavailable.
Section 2. - Sleeping counts
Art. 26. § 1^er. Depositary institutions seek dormant account holders.
To this end, they send a letter to the holders. They may consult the National Register of Physical Persons and, where applicable, the Bank-Carrefour of Social Security, in accordance with the procedure provided for in § 2.
In the absence of any intervention by the holder within one month after the letter is sent or in case the letter is returned, they send a recommended letter with acknowledgement of receipt. Prerequisitely, they consult the National Register of Physical Persons and, where appropriate, the Bank-Carrefour de la sécurité sociale, following the procedure provided for in § 2, unless the consultation provided for in paragraph 2 has taken place.
The letters referred to in paragraphs 2 and 3 shall inform the holder of the existence of the accounts concerned and of the procedure followed if no intervention is made by the holder.
It is up to the depositary establishment to demonstrate the licensee's intervention by any means of law. The signature of the acknowledgement of receipt is assimilated to an intervention by the licensee.
§ 2. FEBELFIN shall be granted permission to use the identification number of the National Register of Natural Persons, to communicate it to the depositary institution concerned and to access the data of the National Register of Natural Persons, referred to in Article 3 of the Act of 8 August 1983 organizing a National Register of Natural Persons, for the sole purpose of communicating to depositary institutions the information they need to fulfil the obligations set out in this chapter.
FEBELFIN shall be granted permission to use the ID number of the Banque-Carrefour de la sécurité sociale, to communicate it to the depositary institution concerned and to access the data referred to in Article 4 of the Act of 15 January 1990 relating to the institution and organization of a Banque-Carrefour de la sécurité sociale, for the sole purpose of communicating to the depositary institutions the information they need to fulfil the obligations.
The King shall prepare a list of the data referred to in paragraph 1^er and 2.
FEBELFIN shall not have access to the data referred to in paragraph 1^er and 2 that, provided that a request has been received for reasons in this direction from a depositary institution. FEBELFIN shall communicate to the depositary establishment the data that the depositary institution must necessarily know to fulfil its obligations under this chapter.
§ 3. Depositary establishments are granted the authorization to register and process the identification number of the National Register referred to in Article 3 of the Act of 8 August 1983, organizing a national register of natural persons, as well as the identification number of the Banque-Carrefour de la sécurité sociale referred to in Article 4 of the Act of 15 January 1990 relating to the institution and organization of a Banque-Carrefour de la sécurité sociale,
§ 4. A dormant account whose assets are less than 20 euros shall not be the subject of the search procedure referred to in §§ 1^er, 2 and 3.
Art. 27. Depositary establishments may take into account costs for the research referred to in Article 26. They may not exceed 10% of all dormant accounts or counter-values at the time of research. The King may determine a maximum amount.
Depositary establishments must conduct research to the extent that such costs do not exceed the limit referred to in paragraph 1^er.
Art. 28. If, despite the search procedure referred to in section 26, the dormant account was not the subject of an intervention by the holder, the assets of the dormant account concerned are transferred to the Caisse at the same time as the data determined by the King by the depositary institution before the end of the sixth year following the last intervention. The King defines the rules relating to the transfer of assets and the exchange of data between the depositary establishment and the Caisse.
Paragraph 1^er, assets of dormant accounts with a value of less than 20 euros are transferred to the Fund without information. They may be transferred in a comprehensive manner to the Fund.
The licensee's rights to the assets referred to in paragraph 2 are determined by the transfer to the Caisse.
Cash denominated in currencies with a counter-value of less than 50 euros is converted to euros by the depositary establishment before being transferred to the Caisse.
Art. 29. Subject to the application of section 43 and except in the event of an error or fault in the head of the depositary establishment, the transfer to the Caisse of the assets of a dormant account shall release the depositary establishment of any obligation with respect to the holder, the authorities and any third party. The Caisse does not take over the rights and obligations of the depositary institution except for the obligation to return.
Art. 30. The Fund maintains a dormant account registry and ensures access to persons warranting a legitimate interest. The King defines the conditions of access to this registry.
Section 3. - Sleeping boxes
Art. 31. §§ 1^er in 3 of Article 26 shall apply, on the understanding that the words "rents", "rents" and "boxes" shall be read in place and place respectively the words "depository institutions", "holders" and "accounts".
Les établissements loueurs may take into account the research costs that cannot exceed 100 euros. The King can increase that amount.
Les establishments leasing must conduct the research as long as these costs do not exceed the limit referred to in paragraph 2.
Art. 32. If, despite the search procedure referred to in section 26, a dormant box was not the subject of a tenant's intervention, the leasing establishment packs its contents with the exception of the species and securities, in a sealed envelope in accordance with the procedure in force with the tenant, and lists the species and titles respectively in account and in the account. At the same time, the rental institution provides the Caisse with the data determined by the King.
For ten years, the tenant may request the contents of his sealed envelope from the rental establishment, according to the provisions of the rental contract. The rental institution immediately informs the Caisse.
The Fund retains data on a sleeping trunk for ten years from receipt of the latest data.
The Caisse has a record of sleeping trunks. The Caisse ensures access to persons justifying a legitimate interest. The King determines the conditions of access to this registry.
Section 4. - dormant insurance contracts
Art. 33. Insurance companies shall verify, within six months of the end of an insurance contract providing death benefits, if the insured person has not died during the coverage period.
They are exempted from this audit for the following contracts:
1° insurance contracts that provide only death benefits, which have come to an end before the effective date of this chapter and whose risk has not been reported to the insurance company;
2° the remaining balance insurance contracts due to a loan;
3° Life insurance contracts with a loan.
The King may complete the list referred to in paragraph 2.
Art. 34. Before the insured of an insurance contract providing death capital, reaches the age of a non-ante, insurance companies verify the survival of the insured person and repeat the transaction at least every five years. The King can alter both this age and this periodicity.
The King may impose audits for insurance contracts of more than twenty years.
In order to verify the survival of the insured under section 33 and this section, the search procedure referred to in section 36 shall be used, unless the verification referred to in paragraph 4 has taken place.
The audit is assumed to be made in the event of personal contact with an insured person with an insurance company or an insurance broker. It is the responsibility of the insurance company to demonstrate this verification by law. The King may determine other methods of verification.
Art. 35. In the eighteen months of the knowledge of the risk occurrence and in the absence of the recipient's intervention, the insurance company checks whether all conditions are met to consider this risk as covered. It is the responsibility of the insurance company to demonstrate this verification by law.
Art. 36. § 1^er. Insurance companies are looking for recipients of dormant insurance contracts.
To this end, they send a letter to the beneficiaries. They may consult the National Register of Physical Persons and, where appropriate, the Bank-Carrefour of Social Security, in accordance with the procedure provided for in § 2.
In the absence of any intervention by the recipient within one month of the letter or in the event of the return of the letter, they send a recommended letter with acknowledgement of receipt. Prerequisitely, they consult the National Register of Natural Persons and, where appropriate, the Bank-Carrefour de la sécurité sociale, in accordance with the procedure provided for in § 2, unless the consultation provided for in paragraph 2 has taken place.
The letters referred to in paragraphs 2 and 3 shall inform the beneficiary of the existence of the insurance contracts concerned and of the procedure followed if no intervention is made by the beneficiary.
It is the responsibility of the insurance company to demonstrate the intervention of the beneficiary by any means of law. The signature of the acknowledgement of receipt is assimilated to an intervention by the recipient.
§ 2. ASSURALIA is granted the authorization to use the National Register of Natural Persons Identification Number, to communicate it to the insurance company concerned and to access the data of the National Register of Natural Persons, referred to in Article 3 of the Act of 8 August 1983 organizing a National Register of Natural Persons, for the sole purpose of communicating to insurance companies the information they need to fulfil the obligations set out in this chapter.
ASSURALIA is granted the authorization to use the ID number of the Banque-Carrefour de la sécurité sociale, to communicate it to the insurance company concerned and to access the data referred to in Article 4 of the Act of January 15, 1990 relating to the institution and organization of a Banque-Carrefour de la sécurité sociale, for the sole purpose of communicating to the insurance companies the information they have provided for.
The King shall prepare a list of the data referred to in paragraph 1^er and 2.
ASSURALIA has no access to the data referred to in paragraph 1^er and 2 that provided that they have received a reasoned application for this purpose from an insurance company. ASSURALIA will provide the insurance company with the data it must necessarily know to fulfill its obligations under this chapter.
§ 3. Insurance companies are granted the authorization to register and process the identification number of the National Register referred to in Article 3 of the Act of 8 August 1983 organizing a national register of natural persons and the identification number of the Bank-Carrefour de la sécurité sociale referred to in Article 4 of the Act of 15 January 1990 relating to the institution and organization of a Bank-Carrefour de la sécurité sociale,
§ 4. A dormant insurance contract whose insured benefits are less than 20 euros shall not be subject to audits and research referred to in sections 33 to 36.
Art. 37. Insurance companies may consider fees for audits and research referred to in sections 33 to 36. They cannot exceed 5% of insured benefits. The King may determine a maximum amount.
Insurance companies must conduct audits and research as long as these costs do not exceed the limit set out in paragraph 1^er.
Art. 38. If, despite the search procedure referred to in section 36, the dormant insurance contract has not been subject to an intervention by the beneficiary, are transferred to the Caisse by the insurance company before the end of the eighteenth month of the knowledge of the risk occurrence:
1° the benefits provided at the same time as the data determined by the King in the event that the verification referred to in section 35 shows that the risk is covered;
2° only the data determined by the King in case the verification referred to in section 35 does not show that the risk is covered.
The transfer of insured amounts is not considered to be a payment or attribution for the performance of tax obligations or for deductions of any kind to be effected under the law by the insurance company on insured benefits transferred to the Fund.
The spouse, heirs and creditors of the lessee may assert their rights as provided for in Chapter II, sections V and VI of Title III of the Land Insurance Contract Act of 25 June 1992, when the insured benefits are deposited with the Fund.
The insurance company specifies to the Caisse the identity of persons who can no longer claim insured benefits.
The King defines the rules relating to the transfer of insured benefits and the exchange of data between insurance companies and the Caisse.
By derogation from the preceding paragraphs, the insured benefits of dormant insurance contracts whose value is less than 20 euros are transferred to the Fund without information. They may be transferred in a comprehensive manner to the Fund.
The beneficiary's rights to the insured benefits referred to in paragraph 6 are affected by the transfer to the Fund.
Art. 39. Subject to the application of section 43 and except in the event of an error or error in the head of the insurance company, the transfer of the insured benefits to the Caisse shall release the insurance company from any obligation to the beneficiary, the authorities and any third party. The Caisse does not take over the rights and obligations of the insurance company, except for the obligation to pay the insured benefits it received pursuant to section 38, paragraph 1^er1°.
Art. 40. The Fund maintains a register:
1° of the insured benefits that the insurance companies transferred to it and held on behalf of the beneficiary;
2° the data referred to in Article 38, paragraph 1^er.
The Caisse shall provide persons with legitimate interest with access to the register referred to in paragraph 1^er. The King defines the conditions of access to this registry.
Section 5. - Common provisions
Art. 41. The assets deposited in the Fund shall be held on behalf of the holder, tenant or beneficiary.
Deposited capital interest.
Subject to the application of section 11 of the Act of 14 December 2005 deleting the holder's securities, assets and interests may be withdrawn by the holders, tenants or beneficiaries.
Section VI - Requirement and termination of Royal Decree No. 150 of 18 March 1935 coordinating the laws relating to the organization and operation of the Caisse des Dépôts et Consignations and making amendments thereto pursuant to the Act of 31 July 1934, applies to deposited assets and accrued interest.
The Fund manages the deposited assets in the form of securities or currencies and may account for third-party costs to the holder, tenant or beneficiary. The King defines the rules for the imputation of these fees.
Art. 42. The King may, by order deliberately in the Council of Ministers, assign the portion he determines of the assets deposited in the Fund pursuant to Article 28, paragraph 2, and Article 38, paragraph 6, to the Aging Fund established by the Act of 5 September 2001 guaranteeing a continuous reduction of public debt and the creation of a Aging Fund.
Art. 43. If there is any doubt about the accuracy of the data received by the Fund pursuant to section 28, paragraph 1^erArticle 32 (1)^er and 2, and section 38, paragraphs 1^er, 4 and 5, depositary establishments, rental establishments and insurance companies shall verify them at the request of the depositary establishment and transfer the corrected data, if any.
Art. 44. In its annual report, the Fund provides an overview of dormant accounts, safes and insurance contracts.
Art. 45. The King may amend and/or repeal all or part of Royal Decree No. 150 of 18 March 1935, coordinating the laws relating to the organization and operation of the Caisse des Dépôts et Consignations and making amendments thereto under the Act of 31 July 1934, in order to ensure its consistency with this chapter.
The King may foresee that articles 13 and 14 of Royal Decree No. 150 of 18 March 1935, coordinating the laws relating to the organization and operation of the Caisse des Dépôts et Consignations and making amendments thereto under the Act of 31 July 1934, are not applicable.
Art. 46. FEBELFIN and ASSURALIA must jointly or separately create an institution that, in their place:
1° receives authorization to use the National Register of Physical Persons and the Bank-Carrefour Social Security Identification Number;
2° receives access to the data of the National Register of Physical Persons, referred to in Article 3 of the Act of 8 August 1983 organizing a national register of natural persons, and to the data of the Banque-Carrefour de la sécurité sociale, referred to in Article 4 of the Act of 15 January 1990 on the institution and organization of a Social Security Bank, for the purpose set out in Articles 26, 31 and 36;
3° performs the activities referred to in articles 26, 31 and 36.
The institutions referred to in the first paragraph enjoy the legal personality. Their headquarters and general management are established in Belgium. They limit their object to the activities referred to in articles 26, 31 and 36 and to activities of the same nature within the framework of other legal obligations. The members of these institutions are always FEBELFIN and/or ASSURALIA themselves and/or members of FEBELFIN and/or ASSURALIA.
Section 6. - Criminal provision
Art. 47. A term of imprisonment of eight days to one year and a fine of 26 to 250,000 euros or only one of these penalties, which knowingly, as administrator or manager of a depositary institution, a rental institution or an insurance company, commits an offence under the provisions of this chapter.
Section 7. - Abrogatory provision
Art. 48. Chapter II of Part X of the Act of 25 April 2007 on various provisions (IV), including sections 208 to 214, is repealed.
Section 8. - Transitional provisions
Art. 49. For accounts that have not been subject to an intervention by the licensee for more than five years at the time of the entry into force of this chapter, the search procedure referred to in section 26 shall be initiated within two years of the entry into force of this chapter.
If, despite the search procedure referred to in section 26, these accounts have not been subject to an intervention by the licensee, the assets of these accounts are transferred to the Fund as follows: the first tranche of 25% of these accounts no later than the two years, the second tranche of 25% at the end of three years, the third tranche of 25% at the end of four years and the balance at the end of five years following the entry into force.
Art. 50. The applicant must comply with the obligations imposed by paragraph 1^er section 32, within three years after the entry into force of this chapter, with respect to safes that are dormant boxes at the time of the coming into force of this chapter and which, despite the search procedure referred to in section 26, have not been the subject of a tenant's intervention within three years after the coming into force of this chapter.
Art. 51. The insurance company must comply with its obligations under section 38, paragraph 1^er and 4 to 6, within three years after the coming into force of this chapter, in respect of insurance contracts that are dormant insurance contracts at the time of the coming into force of this chapter or will become in a period of one year after the coming into force of this chapter and which, despite the search procedure referred to in section 36, have not been the subject of a intervention of the beneficiary in this chapter.
Section 9. - Entry into force
Art. 52. This chapter comes into force on the day of its publication in the Belgian Monitor.
Derogation from paragraph 1^erArticle 47 comes into force on a date to be determined by law and after a comprehensive assessment of this chapter. The evaluation of this chapter will be conducted no later than eighteen months after the effective date of this chapter.
CHAPTER VI. - Banking, Financial and Insurance Commission
Art. 53. Section 64 of the Act of 22 March 1993 on the Status and Control of Credit Institutions, as amended by the Acts of 12 August 2000, 25 February 2003 and 19 November 2004, is replaced by the following:
"Art. 64. Municipal savings funds formerly referred to in section 124 of the new communal law and existing at 1^er January 1932 are subject to the following rules:
1° their approval as a credit institution, however, only gives them the exercise of the activities consisting of:
(a) to collect reimbursable funds in euros other than deposits in view and to place the product in euros from other credit institutions established in Belgium or subject to the right of a Member State of the European Economic Area or in financial instruments by euros recognizing the receipt of reimbursable funds and issued or guaranteed by the communities, regions, international organizations whose Belgium is a member, the Member States of the European Economic Area or the institutions of the Belgium
(b) in credit and insurance intermediation services subject to compliance with the specific laws applicable to these materials and in the provision of investment services consisting of the placement of financial instruments without firm commitment.
The Banking, Financial and Insurance Commission may, under the conditions it determines, authorize such communal savings funds to extend their activities to certain other transactions;
2° they shall be incorporated in a form that ensures the separation of their heritage and their management from those of the communes to which they belong;
3° they are subject to the provisions referred to in articles 13, 18 to 31, 32, §§ 1^er and 2, 33, 43-46 and 47;
4° with respect to revisoral control, they shall designate an approved revisor or a company of revisors approved under section 52; Articles 50 to 55 apply;
5° articles 56, 57, 60, 91 to 94 and 102 to 110bis² are applicable. "
Art. 54. In section 110 of the Act, paragraph 6 is repealed.
Art. 55. Article 54 of this Act comes into force only if the competent regional authorities allow and organize the transformation of communal savings funds into an anonymous society of public law and after the competent regional decrees containing such a decision have been published to the Belgian Monitor.
PART III. - Energy
UNIC CHAPTER. - Amendment of the Act of 11 April 2003 on provisions for the dismantling of nuclear power plants and for the management of fissile material irradiated in nuclear power plants
Art. 56. In Article 4, § 1^erof the Act of 11 April 2003 on provisions for the dismantling of nuclear power plants and for the management of fissile material irradiated in nuclear power plants, replaced by the Act of 25 April 2007, paragraph 1^er, fourth dash, is replaced by the following provision:
" - the chair of the Federal Public Service Management Committee Budget and Management Control or its alternate."
PART IV. - Economy
CHAPTER I^er. - Amendment of the Act of 26 June 1963
creating an Architects' Order
Art. 57. Section 35 of the Act of 26 June 1963 creating an Order of Architects, as amended by the Act of 15 February 2006, is amended as follows:
1° to paragraph 1, the words "one French expression and the other Dutch expression" are replaced by the words "the French-speaking and German-speaking Council of the Order of Architects and the Flemish Council of the Order of Architects" respectively;
2° Paragraph 2 is supplemented as follows:
"The chairs of the College's councils referred to in this paragraph shall attend separate deliberations. »;
3rd paragraph 3 is completed as follows:
"The chairs of the College's councils referred to in this paragraph shall attend separate deliberations. "
CHAPTER II. - Intellectual Property - Amendment of the Act of 21 April 2007 on various provisions relating to the procedure for filing European patent applications and the effects of such applications and European patents in Belgium
Art. 58. In Article 2, § 3, of the Act of 21 April 2007 on various provisions relating to the procedure for filing European patent applications and the effects of such applications and European patents in Belgium, in the Dutch version, the word "officiële" is deleted.
CHAPTER III. - Company reviewers
Section 1^re. - Amendment of the Act of July 22, 1953 creating an Institute of Business Reviewers and organizing public supervision of the profession of corporate reviewer
Art. 59. In Article 8, § 2, of the Act of July 22, 1953 creating an Institute of Directors of Entry and organising public supervision of the profession of company reviewer, the word "seven-seventh" is replaced by the word "seventh".
Section 2. - Amendment of the Royal Decree of 21 April 2007 on the transposition of the provisions of Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on the legal controls of the annual and consolidated accounts, amending Council Directives 78/660/EEC and 83/349/EEC and repealing Council Directive 84/253/EEC
Art. 60. In Article 102 of the Royal Decree of 21 April 2007 transposing provisions of Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 concerning the legal controls of the annual accounts and consolidated accounts, amending Council Directives 78/660/EEC and 83/349/EEC and repealing Council Directive 84/253/EEC, paragraph 1^er is repealed.
PART V - Federal Science Policy
CHAPTER I^er. - Creation of a state service
Separate Management “Polar Secretariat”
Art. 61. It is created within the Federal Public Programming Service Scientific Policy a separate management state service, as defined in Article 140 of the State Accounting Acts, coordinated on 17 July 1991, called "Polar Secretariat" for the financial and material management of the scientific station "Princess Elisabeth" erected on the Antarctic continent, in accordance with the Treaty on Antarctica, done on 1^er December 1959 and approved by the Act of 12 July 1960, and the Act of 7 April 2005 implementing the Protocol to the Antarctic Treaty on the Protection of the Environment, Appendix and Annexes I^reII, III and IV, made in Madrid on 4 October 1991 and Annex V, made in Bonn on 7-18 October 1991.
Art. 62. The Polaire Secretariat provides the financial and material management of the scientific station "Princess Elisabeth" as part of its donation to the State by the International Polar Foundation. It ensures that potential partners of the station's activities are associated with its objectives: the implementation, promotion of the scientific activities of the polar station and the dissemination of scientific knowledge on antarctic research and climate change.
The King determines, by order deliberately in the Council of Ministers, the modalities for the management and operation of the Polar Secretariat.
Art. 63. The King sets the effective date of this chapter.
CHAPTER II. - Resumption of the heritage and staff of the ABL "Centre d'études de la peinture au XV^e century in the Southern Netherlands and the Principality of Liège » by the Royal Institute of Artistic Heritage
Art. 64. For the purposes of this chapter, it is necessary to hear by:
- "Centre", the ABL "Centre d'études de la peinture du XV^e century in the southern Netherlands and the Principality of Liège".
Art. 65. § 1^er. After the dissolution of the Centre, the King transfers to the State, within a federal scientific institution under the authority of the Minister who has the Scientific Policy in his powers, property, rights and obligations and, with their agreement, all members of the staff of the association dissolved.
The personnel transferred are taken over as contract staff of the relevant scientific institution.
They may only be replaced by staff recruited under the permanent rules of the statutes applicable to the scientific institution concerned.
§ 2. Staff transferred under § 1^er retain at least in their new work contract within the relevant scientific institution, the scale of treatment and other benefits, including their service seniority acquired from the Centre, whether or not they had continued their function within the Centre.
Art. 66. This chapter comes into force on a date fixed by the King and no later than 1^er January 2009.
PART VI. - Social status of independents
CHAPTER I^er. - Amendment of the Royal Decree of 18 November 1996 establishing social insurance for self-employed persons in the event of bankruptcy and persons assimilated, pursuant to articles 29 and 49 of the Act of 26 July 1996 on social security modernization and ensuring the viability of legal pension schemes
Art. 67. In Article 4, § 1^er, 2°, of the Royal Decree of 18 November 1996 establishing social insurance for self-employed persons in the event of bankruptcy and persons assimilated, pursuant to articles 29 and 49 of the Law of 26 July 1996 on the Modernization of Social Security and ensuring the viability of the legal pension schemes, as amended by the law of 24 January 2002, the words "to article 12, § 1^er, of Royal Decree No. 38" are replaced by the words "in articles 12, § 1^er12, § 1^erbis, and 13bis, § 2, 1°, of Royal Decree No. 38".
Art. 68. Section 5, paragraph 4, of the same order, as amended by the Act of 24 January 2002, is replaced by the following provision:
"Every change in the conditions referred to in Article 4, § 2, shall be effected on the first day of the month following that of that change, for the benefit referred to in Article 3, 2°. In addition, this benefit is suspended for the whole month in which a professional activity is exercised or in which it may be claimed to be substituted. "
Art. 69. Section 67 produces its effects:
- 1^er January 2002 for Article 12, § 1^erbis, Royal Decree No. 38 of 27 July 1967 organizing the social status of independent workers;
- 1^er January 2008 for article 13bis, § 2, 1°, of the same decree.
CHAPTER II. - Complementary pensions of the Independents
Art. 70. In section 42 of the Program Law (I) of 24 December 2002, as last amended by the Program Law of 9 July 2004, the following amendments are made:
1° the 3° is replaced as follows:
"3° independent worker:
- the subject independent worker referred to in Article 12, § 1^erof Royal Decree No. 38 of 27 July 1967 organizing the social status of independent workers;
- the subject independent worker referred to in Article 12, § 2, of the same order which is liable for social contributions at least equal to those referred to in Article 12, § 1^erthe same order;
- the subject independent worker referred to in article 13bis, § 2, 1°, of the same order; »;
2° in the 4th, the words "in Article 12, § 1^er are replaced by the words “in articles 12, § 1^er and 13bis, § 2, 2°";
3° in 5°, the words "in Article 12, § 1^er and 1^erbis are replaced by the words "in articles 12, § 1^er, and 13bis, § 2, 1°".
Art. 71. This chapter produces its effects on 1^er January 2008.
CHAPTER III. - Independent workers
incapacity for serious or long-term work
Art. 72. In Royal Decree No. 38 of 27 July 1967 organising the social status of independent workers, an article 13quater was inserted, which reads as follows:
"Art. 13quater. The King grants, by order deliberately in the Council of Ministers, a decrease in contributions to maintain the free of charge of small-risk insurance to self-employed persons in incapacity for serious or long-term work referred to in the following paragraph. This decrease varies according to the increases in the rates of contributions applied since 1^er January 2008 and the maximum decrease of 2.35 p.c. of these rates.
By "self-employed in incapacity for serious or long-term work" within the meaning of the preceding paragraph, self-employed persons are defined as:
1° or, have their main residence in Belgium, have reached the age of 15 years and before the age of sixty-five years, have been recognized, by a doctor-inspector of the Medical Control Service of the Institute, as being unable to perform a profit work for a supposed duration of at least one year, due to injury or functional impairment resulting in a reduction of the capacity of gain of two or more thirds of that same person may earn
Not considered to be a profit work the activity carried out by the independent worker under the conditions and for the duration provided for in Article 23bis of the Royal Decree of 20 July 1971 establishing an insurance scheme against incapacity for work for independent workers.
The inspector-physician determines the duration of the incapacity to work and notifies his decision to the individual within one month of the examination.
The inspector-physician conducts a further examination within 30 days of the end of the previously recognized work disability period.
Continue to be deemed incapable of working people whose incapacity has been recognized up to the age of sixty-five years.
Incapacity for work is found upon written request, addressed to the officer of the Medical Control Service, by the person authorized by law to act for him;
2° or, pursuant to Article 2, § 1^er, of the Act of 27 February 1987 relating to allowances to persons with disabilities, has the recognition of incapacity required to benefit from the right to alternative income allowance referred to in this provision, or for which, pursuant to Article 2, § 2 or § 3, of the above-mentioned law, the reduction of the autonomy required to benefit from the right to integration allowance or the allowance for assistance to persons with disabilities;
3° or are children, who, because of a physical or mental disability of at least 66% meet the medical conditions to open the right to family allowances, the amount of which is increased in accordance with Article 20 of the Royal Decree of 8 April 1976 establishing the family benefits scheme for independent workers;
4° or, in a period of disability, within the meaning of the Royal Decree of 20 July 1971 establishing an insurance scheme against incapacity to work for independent workers.
Continue to be deemed incapable of working persons in a period of disability referred to at the age of pension, as defined in Articles 3, § 1^er, and 16 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^er4°, of the Act of 26 July 1996 to fulfil the budgetary conditions of Belgium's participation in the European Economic and Monetary Union;
5° is widowed or widowed of one of the beneficiaries under points 1 to 4°;
6° is the child of one of the beneficiaries referred to under points 1 to 5°, orphans of father and mother and benefiting from family allowances or benefiting from an income replacement allowance within the meaning of the Act of 27 February 1987 on disability benefits.
The King determines the practical terms and conditions for the granting of the decrease in contributions referred to in the first paragraph."
PART VII. - Agriculture
UNIC CHAPTER. - Federal Agency for Food Chain Safety
Section 1^re. - Amendment of the Act of 9 December 2004 on the financing of the Federal Agency for Food Chain Security
Art. 73. Article 3, § 1^er, of the Act of 9 December 2004 on the financing of the Federal Agency for the Safety of the Food Chain, is supplemented by the 12th, as follows:
"12° benefits provided to third parties."
Art. 74. ÷ section 5 of the Act, as amended by the Act of December 21, 2007, are made the following amendments:
1° in § 1^er, the words " referred to in Article 3, § 1^er, 3°" are replaced by the words "Article 3, § 1^er3° and 12°";
2° in the Dutch text of § 2, the word "heffingen" is replaced by the word "retributies".
Section 2. - Amendment of the Act of 21 December 2007
various provisions (I)
Art. 75. Section 34, paragraph 2, of the Act of 21 December 2007 on various provisions (I), is repealed.
PART VIII. - Employment
CHAPTER I^er. - Industrial accidents
Section 1^re. - Employees in default of insurance
Art. 76. In section 59, 14°, of the Act of 10 April 1971 on Industrial Accidents, inserted by the Act of 25 January 1999 and amended by the Act of 10 August 2001, the words "section 60, paragraph 3" are replaced by the words "section 60, paragraph 4".
Art. 77. In section 60 of the Act, amended by the Acts of 1^er August 1985, 22 February 1998, 25 January 1999, 10 August 2001, 22 December 2003 and 20 July 2006, the following paragraph is inserted between paragraphs 1^er and 2:
"If the accident is settled by an agreed agreement between the Fund and the victim or his or her eligible beneficiaries, the employer or default insurance undertaking referred to in paragraph 1^er shall be required to reimburse the Fund on the basis of the elements contained in the agreed agreement. This is not valid to the extent that the agreement entered into is declared null by the judge because of an excusable error or dol or because of the violation of these provisions of this Act which are of public order. In the event that the Fund made an inexcusable mistake at the conclusion of the agreement, the judge may limit the Fund's right of recovery proportionally to that error. "
Art. 78. Section 77 is applicable to agreements entered into since the effective date of this chapter.
Section 2. - Remuneration Mousses
Art. 79. Section 80 of the Act is replaced by the following provision:
"Art. 80. When the accident resulted in a permanent incapacity for work or the death of the victim, the allowance shall be calculated, with respect to minors of age and apprentices, on the basic remuneration corresponding to the occupational category to which the victim would have belonged to his majority or at the end of his apprenticeship contract by being on board a vessel of the same category as that on which he was recruited.
When, during the period of temporary incapacity for work, the minor of age becomes a major or the apprenticeship contract is terminated, the basic remuneration for the calculation of the daily allowance shall, from that date, be fixed in accordance with the preceding paragraph. "
CHAPTER II. - Miscellaneous provisions
Section 1^re. - Amendment of the Act of 27 December 2006 on various provisions (I)
Art. 80. In the Act of 27 December 2006 on various provisions (I), section 190, § 2, paragraph 2, is repealed.
Section 2. - Amendment of the Act of 12 April 1960 establishing an Internal Compensation Fund for the Diamond Sector
Art. 81. In article 3bis, first paragraph, of the Act of 12 April 1960 establishing an Internal Compensation Fund for the Diamond Sector, inserted by the Act of 26 March 1999 and amended by the Act of 27 December 2006, the following sentence is inserted between the third and fourth sentence:
"The total annual amount of contributions cannot exceed the amount of 5.000.000 euros. "
Art. 82. In the same law, amended by the laws of 28 July 1962, 10 October 1967 and 13 April 1971, by Royal Decree No. 15 of 23 October 1978 and by the laws of 22 December 1989, 23 March 1994, 13 February 1998, 26 March 1999 and 27 December 2006, an article 3ter is inserted:
"Art. 3ter. The duty of assessment, if any suspended by the King under section 2bis, last paragraph, by a deliberate order in the Council of Ministers, and the continuation of the mission referred to in articles 2, 2°, and 3bis, are indivisibly linked. "
Art. 83. Section 26 of the Act, as amended by the Acts of 13 April 1971 and 26 March 1999, is supplemented by the following provision:
"3° as of the day the contribution was unduly paid, the action of the person held to the payment of the contributions to the Fund of the Chief of Non-Refund of that contribution by the Fund. "
Section 3. - Administrative amendments
applicable to the diamond sector
Art. 84. Article 1^er, 13°, of the Act of 30 June 1971 on administrative fines applicable in the event of breach of certain social laws, is replaced by the following provision:
"13° (a) the raw diamond importer and the employer guilty of an offence under the Act of April 12, 1960 establishing an internal compensation fund for the diamond sector and its enforcement orders;
(b) natural or legal persons, who have as their principal activity or as an accessory the diamond industry or trade, guilty of violating the law referred to in (a) and its enforcement orders. "
Section 4. - Non-recurring benefits related to results awarded
Interim workers
Art. 85. In the Act of 21 December 2007 on the execution of the 2007-2008 Inter-Professional Agreement, an article 6/1 is inserted, as follows:
"Art. 6/1. The provisions of Chapter II, sections III and IV also apply to non-recurring benefits related to the results granted, under the same conditions as permanent workers, to interim workers occupied by the user.
The user is required to provide the interim work undertaking with the information necessary to comply with the provisions of this chapter and the collective labour agreement entered into within the National Labour Council referred to in Article 4. "
Art. 86. Section 11 of the Act is supplemented by a paragraph written as follows:
"For the purposes of section 10 of the Act of 24 July 1987 on temporary work, interim work and the provision of workers at the disposal of users, non-recurring benefits related to results are considered to be compensation. "
Art. 87. Sections 85 and 86 apply to benefits paid or awarded from 1^er January 2008 on the basis of Chapter II of the Act of 21 December 2007 on the execution of the 2007-2008 inter-professional agreement and the conditions established by the collective labour agreement concluded within the National Labour Council referred to in Article 4 of this Act.
CHAPTER III. - Complements of mobility and child care
Art. 88. In Article 7, § 1^erparagraph 3, (p), paragraph 1^er, of the Decree-Law of 28 December 1944 concerning the social security of workers, inserted by the Programme Law of 22 December 2003, and lastly amended by the Programme Law of 27 April 2007, the words "some categories of elderly unemployed" are replaced by the words "some categories of unemployed" and the words "including older unemployed" are replaced by the words "including unemployed".
CHAPTER IV. - Provisions supplementing the Act of 9 May 2008 on accompanying measures with regard to the institution of a special negotiating group, a representative body and procedures relating to the involvement of workers in the European cooperative society
Art. 89. The Act of 9 May 2008 on accompanying measures with regard to the institution of a special negotiating group, a representative body and procedures for the involvement of workers in the European cooperative society is supplemented as follows:
« CHAPTER V. - Protection in the event of termination
Art. 9. The members of the special negotiating group, the members of the representative body, the representatives of the workers exercising their functions in the course of an information and consultation procedure, and the representatives of the workers sitting in the supervisory or administration of a SCE or participating in the general assembly or branch assembly that are workers of the SCE, its affiliates or establishments or of a corporation This particular regime is applicable to them for any termination in a period beginning on the thirtieth day before their appointment and ending on the day on which their term ends.
CHAPTER VI. - Monitoring and sanctions
Art. 10. Without prejudice to the powers of judicial police officers, officials designated by the King monitor compliance with the provisions relating to the involvement of workers in the SCE.
These officials exercise this oversight in accordance with the provisions of the Labour Inspection Act of 16 November 1972.
Art. 11. Section 56 of the Act of 5 December 1968 on collective labour agreements and parity commissions, as amended by the Acts of 23 April 1998 and 10 August 2005, is supplemented by the following paragraph:
"In respect of breaches of the provisions of collective labour agreements made mandatory by royal decree concerning the involvement of workers in the European Cooperative Society, the executive or administrative bodies, referred to in the collective labour agreements referred to above, are considered to the employer. "
Art. 12. Article 1^er, 14°, of the Act of June 30, 1971 on Administrative Fines Applicable to Certain Social Laws, as amended by the Acts of April 23, 1998 and August 10, 2005, is supplemented as follows:
"in respect of offences under the provisions of collective labour agreements made mandatory by royal decree concerning the involvement of workers in the European cooperative society, the executive or administrative bodies, referred to in the collective labour agreements referred to above, are assimilated to the employer; "
Art. 13. Article 458 of the Criminal Code applies to any member of the special negotiating group, to any member of the representative body, to the representatives of the workers performing their functions in the context of an information and consultation procedure, as well as to the designated experts, who have disclosed confidential information that would seriously prejudice the society or seriously impede the functioning of the society.
CHAPTER VII. - Entry into force
Art. 14. Articles 1^er to 9 of this Act effect on August 18, 2006. "
Art. 90. This chapter comes into force on the same day as the Act of 9 May 2008 on accompanying measures with respect to the institution of a special negotiating group, a representative body and procedures relating to the involvement of workers in the European cooperative society.
PART IX. - Social affairs
CHAPTER I^er. - Family allowances
Art. 91. Article 15 of the co-ordinated laws of 19 December 1939 relating to family allowances for employed workers, as amended by the Royal Decree of 25 October 1960 and by the laws of 29 April 1996, 10 June 1998 and 12 August 2000, is supplemented by the following paragraph:
"The third party referred to in section 36 of the Royal Decree of November 28, 1969, pursuant to the Act of June 27, 1969 revising the Decree-Law of December 28, 1944 concerning the social security of workers, when it pays the full remuneration of the worker and is substituted for the employer for the fulfilment of all the obligations relating to that remuneration set out in the above-mentioned order, is, in place and place of the employer "
Art. 92. Section 68, paragraph 2, of the Acts, last amended by the Programme Act of 24 December 2002 and replaced by the Act of 27 December 2006, is replaced by the following paragraphs:
"By derogation from the provisions of paragraph 1^erwhere the person referred to in section 69 is in the material impossibility of receiving the family benefits that are due, because of the fact that they cannot prove their identity, they are paid, on their behalf, in the hands of the attribute. The payment made by the family allowances agency is liberatory as long as the allocator, who is in a position to prove his identity, did not notify him in writing of his willingness to receive these benefits directly from now on.
Family benefits are paid by transfer to an account from a credit institution as defined in section 1^er of the Act of 22 March 1993 on the Status and Control of Credit Institutions. Family benefits are paid by circular cheque if they cannot be paid by transfer due to technical or social circumstances. "
CHAPTER II. - Maribel social
Art. 93. § 1^er. In Title X of the Act of 12 August 2000 on social, budgetary and other provisions, Chapter X, comprising sections 184, replaced by the Act of 22 December 2003, and 185, is repealed.
§ 2. The resources of the Social Maribel Budget Fund referred to in section 184 available as of December 31, 2007 are allocated to the Treasury.
§ 3. In the table annexed to the Act of 24 December 1993 creating budgetary funds and amending the Organic Law of 27 December 1990 creating budgetary funds, section 26 Maribel Social Fund is repealed.
Art. 94. This chapter produces its effects on 1^er January 2008.
TITRE X. - Public Health
CHAPTER I^er. - Amendment to the Act of 8 July 1964
on emergency medical assistance
Art. 95. In the Act of 8 July 1964 on urgent medical assistance, an article 3ter is inserted, as follows:
"Art. 3ter. The King sets out the terms and conditions under which races without transport of ambulance services are paid.
The movement of an ambulance, carried out under section 5 of this Act, to the place where the victim or patient is located, must be understood and, however, did not result in the transport referred to in the above-mentioned provision. "
CHAPTER II. - Contributions and contributions on the turnover of pharmaceutical specialties
Art. 96. In section 191, 15°, of the Compulsory Health Care and Compensation Insurance Act, coordinated on 14 July 1994, the following amendments are made:
1° Paragraph 4, 1°, inserted by the law of 10 June 2006, is supplemented by the words ", as referred to in Article 35bis, § 9";
2° Paragraph 4, 3°, inserted by the law of 10 June 2006 and amended by the law of 27 December 2006, is reported;
3° to paragraph 5, 1st sentence, inserted by the Act of 10 June 2006 and amended by the Act of 27 December 2006, the words "this exclusion" are replaced by the words "the exclusions";
4° in paragraph 5, paragraph 2^e sentence, inserted by the Act of 10 June 2006 and amended by the Act of 27 December 2006, is deleted;
5° to paragraph 6, inserted by the Act of 10 June 2006 and amended by the Act of 27 December 2006, the words "This exclusion applies" are replaced by the words "These exclusions apply", and the paragraph is supplemented by the following sentence: "The exclusions referred to in paragraph 4, 1° and 2°, relate to contributions and contributions that are due from 2006. »;
6° in paragraph 7, replaced by the Act of 22 February 1998 and amended by the Act of 27 December 2005, the words "or, if not, by" are replaced by the words "and/or by".
Art. 97. In section 191bis of the Act, inserted by the Act of 10 June 2006 and replaced by the Act of 25 April 2007, the following amendments are made:
1° to paragraph 1^erthe words "15° to 15°decies" are replaced by the words "15°, 15°quater to 15°decies";
2° paragraph 1^er is supplemented by the following provision:
"The King states, however, by deliberate decree in the Council of Ministers and on the basis of the rules set out in Community law on State aids, and in particular on the basis of the Community supervision of State aids in research, development and innovation of 30 December 2006, which applicants can effectively benefit from the reduction, and how, by determining which investment in the way of research, development and innovation is taken into account, »;
3° in paragraph 3, the words "total" are replaced by the words "total, for the year in question, of", and the paragraph is supplemented by the words ", deferred and deferred interest";
4° Paragraph 4 is deleted;
5° in old paragraph 5, becoming paragraph 4, the words "it gives an opinion on" are replaced by "it certifies";
6° to old paragraph 6, becoming paragraph 5, the first sentence is replaced as follows:
"The reduction under this section shall be granted in the year following the year in which the investments referred to in paragraph 1^er have been made, in the form of a refund of a portion of the dues and contributions, provided that the latter, as well as any late increases and interest due, have been paid. »;
7° the article is supplemented by the following paragraphs:
"This reduction applies to contributions and contributions due for the years 2006 to 2011.
All reductions for a given year under sections 191bis to 191quater can never exceed the total contributions and contributions referred to in paragraph 1^er, deducted and delayed interest due for that year. "
Art. 98. Section 191ter of the Act, inserted by the Act of 10 June 2006 and amended by the Act of 27 December 2006, is replaced as follows:
"Art. 191ter. The applicant who may be considered a small corporation in accordance with Commission Regulation (EC) No. 70/2001 of 12 January 2001 concerning the application of Articles 87 and 88 of the EC Treaty to State aids for small and medium-sized enterprises, and who is liable for contributions and contributions due under Article 191, paragraph 1^er, 15°, 15°quater at 15°decies, and 16°bis, on the turnover made on the Belgian market of the drugs listed on the list of repayable pharmaceutical specialties, benefits from a reduction if it leads it to make investments in research, development and innovation, and/or in production facilities, in the field of medicines for human use. The King specifies, by order deliberately in the Council of Ministers and on the basis of the rules set out in the Community law on State aids, and in particular on the basis of the Community supervision of State aids in research, development and innovation of 30 December 2006, which are the investments in research, development and innovation and/or in production facilities, which are taken into account, and according to what mode of calculation.
An envelope shall be determined on an annual basis, the amount of which shall be determined by a deliberate order in the Council of Ministers, which shall be apportioned annually among applicants who are eligible in accordance with the provisions of paragraph 1^er. This distribution is based on the value of the investments referred to in paragraph 1^er, which are made by the applicants concerned in the year following the year for which contributions and contributions are due.
The reduction under this section may never exceed the total of the contributions and contributions referred to in paragraph 1 for the year concerned.^er, deferred and delayed interest.
The value of the investments referred to in paragraph 1^er A report indicates that the management bodies of the applicants concerned establish for this purpose. The Commissioner of the applicant concerned or, if not, a company reviewer designated by his management body, shall prepare a report in which he certifies the conformity of the calculation with the provisions of the above-mentioned Royal Decree.
The reduction provided for in this section is granted in the year following the year in which the investments referred to in paragraph 1^er have been made, in the form of a refund of a portion of the dues and contributions, provided that the latter, as well as any late increases and interest due, have been paid. The King regulates the procedure for the introduction and assessment of the claim and the deadlines for the claim.
This reduction applies to contributions and contributions due for the years 2006 to 2011.
All reductions for a given year under sections 191bis to 191quater can never exceed the total contributions and contributions referred to in paragraph 1^er, deducted and delayed interest due for that year. "
Art. 99. Section 191quater of the Act, inserted by the Act of 10 June 2006 and amended by the Act of 27 December 2006, is replaced as follows:
"Art. 191quater. The applicant shall be liable for contributions and contributions due under section 191, paragraph 1^er, 15°, 15°quater at 15°decies and 16°bis, on the turnover made on the Belgian market of the medicines listed on the list of refundable pharmaceutical specialties, benefits from a reduction if it demonstrates that it and, if applicable, all the companies that are related to it, have effectively reduced their expenditures made in Belgium for advertising, promotion, information and marketing concerning the pharmaceutical specialties repayable. The King specifies, by a deliberate decree in the Council of Ministers, what expenses are taken into account in this capacity and according to which method of calculation, and in what assumptions it may be considered that there has been a real reduction of these. At a minimum, the following elements are taken into account: the total cost of personnel of all persons who are charged, wholly or partially, directly or indirectly, as a worker or subcontractor, to visit and provide information to prescribers and pharmacists; all expenses for individual and collective, written and audiovisual communications to prescribers and pharmacists; all costs related to the availability of drug sample prescriptors and all other items that are made available, in any form, to prescriptors and pharmacists; all costs to support social and scientific meetings of prescribers and pharmacists, including congresses, exhibitions, conferences and consultation meetings.
For years after the first year for which the reduction is granted, the applicant will continue to receive a reduction as long as the expenditures referred to in paragraph 1^er do not increase over the amount that was spent in the first year that expenditures were reduced by 25 per cent compared to the previous year.
The reduction under this section is 5 p.c. of the total contributions and contributions referred to in paragraph 1^er Deferred and deferred interest for the year in question. For the years following the first year for which the reduction is due, this percentage will be increased, per year, by an additional 5 p.c. for any additional decrease, per year, by at least 5 p.c. of the expenditures referred to in paragraph 1^erCompared to the expenditures made during the first year in which the reduction of 25 p.c. over the previous year was demonstrated.
Percentage of actual reduction in expenditures referred to in paragraph 1^er A report indicates that the management bodies of the applicants concerned establish for this purpose. The Commissioner of the applicant concerned or, if not, a company reviewer designated by his management body, shall prepare a report in which he certifies the conformity of the calculation with the provisions of the above-mentioned Royal Decree.
The reduction provided for in this section is granted in the second year following the year in which the expenditures referred to in paragraph 1^er have been made, in the form of a refund of a portion of the dues and contributions, provided that the latter, as well as any late increases and interest due, have been paid. The King regulates the procedure for the introduction and assessment of the claim and the deadlines for the claim.
This reduction applies to contributions and contributions due for the years 2006 to 2011.
All reductions for a given year under sections 191bis to 191quater can never exceed the total contributions and contributions referred to in paragraph 1^er, deducted and delayed interest due for that year. "
Art. 100. Section 6 of the Act of 10 June 2006 reforming the turnover of repayable pharmaceutical specialties, as amended by the Acts of 27 December 2006 and 21 December 2007, is replaced by the following provision:
“Art. 6. For contributions and contributions due under section 191, 15°octies and 15°novies, of the Compulsory Health Care and Compensation Insurance Act, coordinated on July 14, 1994, for the years 2006 and 2007, the reimbursement arising from the application of the exclusions provided for in section 191, 15°, paragraph 4, of that Act will be made by the Institute to the applicants concerned no later than December 31, 2008.
For contributions and contributions due under section 191, 15°octies and 15°novies, of the above-mentioned coordinated law, for the year 2006, the reimbursement arising from the application of the reductions provided for in sections 191bis, 191ter and 191quater of the same law will be made by the Institute to the applicants concerned by 31 December 2008.
For contributions and contributions due under section 191, 15°octies and 15°novies, of the above-mentioned coordinated law, for the year 2007, the reimbursement arising from the application of the reductions provided for in sections 191bis, 191ter and 191quater of the same law will be made by the Institute to the applicants concerned by 31 December 2009. "
CHAPTER III. - Amendment of the Act of 24 January 1977 on the Protection of Consumer Health with regard to food and other products
Art. 101. In the Act of 24 January 1977 on the Protection of Consumer Health in respect of foodstuffs and other products, an article 22bis is inserted, as follows:
"Art. 22bis. Within the Public Health SPF, Food Chain and Environment Safety, an Expert-Director Committee and the expert committees listed below are established composed of existing experts to support the National Nutrition-Health Plan:
- an Expert and Director Committee;
- a committee for the attribution of the PNNS-B logo;
- a Scientific Group on Physical Activity;
- a Scientific Group on Food Reformulation;
- a Scientific Group for Infant and Young Child Feeding;
- a Scientific Group on Micronutrients;
- a Scientific Group on Nutrition;
- a Scientific Task Force on Food Habits.
These committees provide advice and research, both on their own initiative and at the request of the Minister or the Chairman of the Executive Committee on the nutritional policy aspects for which the Public Health SPF, Food Chain Safety and Environment is competent. The King determines the working method, composition and compensation of these committees. "
CHAPTER IV. - Federal Medicine Agency
and Health Products
Section 1^re. - Amendment of the Act of 25 March 1964
on drugs
Art. 102. Article 6, § 1^er, paragraph 2, of the Act of 25 March 1964 on Drugs, replaced by the Act of 1^er May 2006, the following sentences are inserted after the first sentence:
"In the cases referred to in paragraph 8, however, the Minister or his delegate makes a decision on the application without having requested the opinion of the Commission concerned referred to in paragraph 11, provided that the Belgian State, represented by the Minister or his delegate, does not act as a reference Member State. In the case of requests to amend the marketing authorization, as referred to in § 1quater, paragraph 6, the Minister or his delegate shall also make a decision on the application without having requested the notice of the Commission concerned referred to in paragraph 11, except in the cases determined by the King. "
Art. 103. Article 16, §§ 1^er and 3, of the same law, replaced by the law of 1^er May 2006 and amended by the Act of 27 December 2006, the following amendments are made:
1° § 1^er is completed by the 3rd, as follows:
"3° the one that contravenes the provisions of Article 32 of Regulation (EC) No 1901/2006 of the European Parliament and of the Council of 12 December 2006 concerning pediatric drugs and amending Regulation (EEC) No 1768/92, Directive 2001/20/EC, Directive 2001/83/EC and Regulation (EC) No 726/2004 or the provisions of Articles 10, 11, 12 and 13 of the European Regulation (EC) No 1394/ »;
2° § 3 is supplemented by the 6°, written as follows:
"6° that contravenes the provisions of Articles 33, 35 and 46 of Regulation (EC) No 1901/2006 referred to above or the provisions of Articles 3, 4, 6 and 15 of Regulation (EC) No 1394/2007 referred to above. "
Art. 104. ÷ Article 15 of the same law, §§ 1^er, 2 and 3 amended by the laws of 22 December 2003 and 1^er May 2006 is repealed.
Section 2. - Amendment of the Human Person Experiments Act of 7 May 2004
Art. 105. In section 2, 4°, of the Act of 7 May 2004 on experiments on the human person, as amended by the Act of 13 December 2006, the following amendments are made:
1° in paragraph 2, the words "in the previous year" are replaced by the words "annually";
2° between paragraphs 2 and 3, two paragraphs are inserted as follows:
"For the purposes of the preceding paragraph, the Ethics Committee shall be approved by the Minister for a period of three years, on the basis of the average number of protocols for the three years preceding that during which the approval is granted.
The approvals referred to in the preceding paragraph come into force on 1^er April of the year in which they are awarded. "
Art. 106. Section 105 comes into force on 1^er January 2009.
Ethics committees that, on the date referred to in paragraph 1^er, are, pursuant to Article 2, 4°, paragraph 2, of the above-mentioned Act of 7 May 2004, entitled to carry out the missions referred to, are approved in full right until 31 March 2009.
Art. 107. Article 26, § 1^er, of the same Act, as amended by the Act of 27 December 2004, is supplemented by a paragraph written as follows:
"Sections 14, 14bis and 15 of the Act of 24 March 1964 on drugs apply mutatis mutandis to this Act. "
Art. 108. In Article 33, § 1^erthe words "5 to 9" are replaced by the words "5 to 10, 12, 17, 19 to 21, 22, § 2, 24, 25, 27, 28, §§ 1^er and 2, 29, § 2 and 32, § 1^er. "
Section 3. - Amendment of the Act of 20 July 2006 on the establishment and operation of the Federal Agency for Drugs and Health Products
Art. 109. In section 4, paragraph 3, 6, of the Act of 20 July 2006 on the establishment and operation of the Federal Agency for Drugs and Health Products, the following amendments are made:
1° to (f), the words "to the public" are deleted;
2° the point is completed by a j), written as follows:
"(j) the Act of 6 July 2007 on medically assisted procreation and the destination of supernumerary embryos and gametes, with the exception of articles 4, 3, 5, 6, paragraph 2, 15, 16, 31, 32, 33, paragraph 2, 44, 66, 67, 68, 71 and 72. "
Section 4. - Amendment of the Act of 6 July 2007 on medically assisted procreation and the destination of supernumerary embryos and gametes
Art. 110. In the Act of 6 July 2007 on medically assisted procreation and the destination of supernumerary embryos and gametes, a title VI/1, after section 72, is inserted as follows:
« TITRE VI/1. - Control.
Art. 72/1. § 1^er. Without prejudice to the competence of the officers of the judicial police, the statutory officials of the Federal Public Service Public Health, Safety of the Food Chain and Environment or the Federal Agency for Drugs and Health Products and staff members who are bound by an indefinite working contract to this Federal Public Service or the Federal Agency for Drugs and Health Products, and who are designated by the King, exercise control over the compliance with the provisions of this Act and the enforcement of these Acts.
The King may set specific rules on the training and qualifications of officials and staff, referred to in paragraph 1^er.
§ 2. With a view to and within the limits of the exercise of their mission, the officials and personnel referred to in § 1^er have the powers referred to in section 14 of the Medicines Act of March 25, 1964.
Section 14bis of the Act applies mutatis mutandis.
§ 3. Any person who is directly concerned with the application of this Act is required to provide all information and documents, including officials and personnel referred to in § 1^er need to fulfill their mission.
Art. 72/2. The King may, by order deliberately in the Council of Ministers, impose a retribution to hospitals and hospitals and hospitals that operate a centre of fertilization, as well as to third parties that are affected by the use of games and/or embryos for scientific research purposes, for each intervention that accompanies control as referred to in this Act, in accordance with the rules that it may establish.
The proportion of contributions and interventions referred to in the preceding paragraph must be reasonable.
Retributions referred to in paragraph 1^er are adapted annually to the evolution of the UK Consumer Price Index based on the September Index.
The starting index is that of September prior to the publication to the Belgian Monitor of the Royal Decree fixing the amount of retribution.
The indexed amounts are published in the Belgian Monitor and are applicable to the refunds due from 1^er January of the year following that during which the adaptation was made. "
Section 5. - Amendment of Royal Decree No. 78 of 10 November 1967 on the Exercise of Health Care Professions
Art. 111. Article 9, § 1^erParagraph 1^erof Royal Decree No. 78 of 10 November 1967 on the Exercise of Health Care Professions, as amended by the Acts of 6 April 1995, 25 January 1999 and 13 December 2006, is supplemented by a sentence, as follows:
"When a guard service has been established for open-ended informals, all of the open-ended informals on the custodial role must participate in it in accordance with the terms determined by the King. "
CHAPTER V. - Clinical Biology and Medical Imaging
Art. 112. Section 59 of the Compulsory Health Care Insurance Act and Coordinated Allowance on July 14, 1994, as amended by the Acts of August 8, 2000, January 2, 2001, July 19, 2001, December 30, 2001, January 14, 2002, December 24, 2002 and December 27, 2004, are amended as follows:
1° to paragraph 1^er, the words "The King fixes annually by order deliberately in the Council of Ministers and after the advice of the General Council" are replaced by the words "The General Council fixes annually after the advice of the National Medico-mutualist Commission".
2° in paragraph 6, the words "The King fixes, after notice within ten working days" are replaced by the words "The General Council fixes, after notice".
CHAPTER VI. - Amendment of the Act of 6 August 1990
on mutuality and national mutuality unions
Art. 113. Section 71quater of the Act of 6 August 1990 on mutualities and national unions of mutualities, inserted by the Act of 26 March 2007, is replaced by the following provision:
"Art. 71quater. § 1^er. The services referred to in Article 27bis organized by the mutualities and national unions are dissolved in full right from 1^er January 2008.
§ 2. The provisions "provided but not recorded", referred to in Article 2, 2°, of the Royal Decree of October 21, 2002 carrying out Article 28, § 1^er, paragraph 2, of the Act of 6 August 1990 on mutualities and national unions of mutualities, which are incorporated in the services referred to in § 1^er at the end of the 2007 accounting year, pursuant to the above-mentioned Royal Decree, are entirely in favour of the 2008 accounting year's results account.
These provisions can no longer be recorded at the end of the 2008 accounting year.
§ 3. The accounts of the services referred to in Article 27bis which are disbanded in full law pursuant to § 1^er are permanently closed on 31 December 2008.
At the time of the closing, benefits that are still considered for reimbursement and are known in January and February of the following accounting year are recorded as debts.
By derogation from Article 61, § 3, of the Royal Decree of 21 October 2002 enforcing Article 29, §§ 1^er and 5, of the Act of August 6, 1990 on National Mutual Unions and Mutual Mutual Unions, open claims relating to membership dues for the "little-risk" health care service for self-employed workers who are not yet collected on March 31, 2009 are charged with the results account for the 2008 accounting year. "
Art. 114. In section 71quinquies of the Act, inserted by the Act of March 26, 2007, the following amendments are made:
1° § 3, paragraph 1^er, is replaced by the following provision:
“§3. The distribution referred to in § 2 shall operate in a proportional manner to the duration of the affiliation to the service concerned, but shall not take into account the period of affiliation prior to 1^er January 1993. »;
2° § 4 is replaced by the following provision:
Ҥ4. This distribution is made by the granting of a sum of money in two payments:
1° a first payment, up to 80 p.c. of the portion of the accounting reserves, reserve funds and residual assets, subject to 31 December 2007 which exceeds 12.5 p.c. of the expenses in benefits of the accounting year, is carried out, as a advance on the distribution referred to in § 1^erno later than 31 December 2008;
2° a second payment that covers the balance of the accounts, reserve funds and residual assets referred to during the final closing of the accounts as at 31 December 2008, is executed by 31 December 2009.
By derogation from the previous paragraph, the general assembly of a mutuality or national union that finds that the amount to be paid to certain members under paragraph 1^er, 1°, is less than 25 euros, may decide to postpone the execution of this payment for the members concerned. In such cases, the amount payable under paragraph 1^er, 1°, is added to that payable under paragraph 1^erTwo. »;
3° the article is completed by the following paragraph:
Ҥ 5. The payment of the individual portion of a member on the accounting reserves, the reserve funds and the remaining assets subject to a limitation shall be prescribed by five years from the final date of the second payment, as provided for in paragraph 1^erTwo. "
Art. 115. Article 114, 1°, produced its effects on 27 April 2007.
CHAPTER VII. - Amendments to the Compulsory Health Care and Compensation Insurance Act, coordinated July 14, 1994 - Closure of Health Care Insurance Accounts
Art. 116. Section 40, § 5, of the Compulsory Health Care and Compensation Insurance Act, coordinated on July 14, 1994, is repealed.
Art. 117. Section 196 of the Act, replaced by the Royal Decree of 12 August 1994 and amended by the Acts of 25 January 1999 and 14 January 2002, the Royal Decrees of 10 April 2000 and 8 April 2003, and the Acts of 22 December 2003 and 1^er March 2007, is replaced by the following provision:
"Art. 196. § 1^er. When the accounts are closed, the overall annual budget objective of health care insurance referred to in Article 40, § 1^er, after the neutralization of the expenses referred to in Article 197, § 3bis, is divided between the general regime and the self-employed regime proportionally to the expenses for benefits, in each of the two health care insurance plans, in the said closing of the accounts.
Since 2008, in view of the establishment of a single health care regime, this distribution between the general regime and the independent regime no longer exists.
The budgetary objective of this plan is broken down between insurers based on the budget quotity.
The quotity of each insurance organization referred to as the budget quotity is the result of the weighting of two distribution keys:
1. a first distribution key, in the form of a percentage, consisting of the share of the actual expenditures of each insurer organization in the total annual expenditures of the year concerned for all insurers, the weight of which is 70 p.c. from 2001.
2. a second key of distribution, of a normative nature constituted, in the form of a percentage, of the share of the normative expenditures of each insurer in the budgetary objective of the plan, of which the weight is 30 p.c. from 2001.
From the 2006 fiscal year for the closing of accounts, the normative distribution key, in the form of a percentage, is the one used for the calculation of a final financial liability under section 196bis, the most immediately prior or default one used in the last closing of accounts.
From the 2008 fiscal year, for the closing of the accounts carried out prior to the calculation of the final financial liability for the 2008 fiscal year, at the close of the accounts of the single plan, the key to the distribution of a normative nature in the form of a percentage is calculated using the normative keys of a normative nature of the general regime and of the independent workers' regime established when calculating a final financial liability, as provided for in section 196bis, the most immediately before 2008 or
This calculation is done by adding the normative distribution keys to the prorated budget objectives of the two regimes of the year 2007.
§ 2. The method used for calculating the standard-setting key, as well as the characteristics of the parameters to be developed with the assistance of experts appointed by the Council, is determined by the King on the proposal of the General Council, after the advice of the Insurance Committee. The General Council shall file this proposal with the Minister during the fiscal year. ÷ lack of proposal the method and characteristics of the parameters used remain of application; for the final financial liability of 2006 and 2007, those used for 2005 remain in application, notwithstanding that the annual expenditures by plan are replaced by the expenditures set out in section 196bis, that the basis for the normative expenditures of the plan is replaced by the budget objective set out in section 196bis and that the normative distribution key is replaced by the presumed normative distribution key.
As of 2004, only the General Council may, for the purposes of calculating the final financial liability, adapt the values assigned to the parameters referred to in the first paragraph, as well as adjust the reference years for these parameters.
If the General Council does not formulate a proposal within the time limit provided for in Article 196bis, paragraph 2, the values assigned to the parameters referred to in 1^er paragraph after possible previous use of the second paragraph shall remain of application.
§ 3. The King may, by order deliberately in the Council of Ministers, and on the advice of the General Council, increase the weight of the normative distribution key to a maximum of 40 per cent.
In the year prior to the increase in the weight of the standard-setting key, the General Council, following the advice of the Insurance Committee, must assess the importance and impact of the parameters used and the impact of the normative key in the overall distribution of the overall annual budgetary objective among insurers. "
Art. 118. An article 196bis is included in the same law:
"Art. 196bis. After the period set out in the following paragraph, a final financial liability of insurers is established.
For the purposes of this article, all expenses for the benefits performed or packages due during a calendar year are incurred for reimbursement within the time limits provided for in section 174, § 3. Under this subparagraph, the King may, on the proposal of the General Council, provide for a lower period of time.
A budgetary target of the plan is calculated in the context of the projected expenditures, which is referred to as the budget objective. The budget objective is determined by multiplying the budgetary objective set out in Article 196, § 1^er, by a coefficient of adaptation. For the years prior to 2008, these are budgetary targets for the general regime and the regime of self-employed.
This coefficient of adaptation is calculated on the basis of the average, the last three known exercises, the quotient between the expenses claimed and the expenses of a fiscal year, held in the closing of the accounts for the whole health care sector. For a specific year, the General Council may increase the number of exercises taken into account.
This presumed budgetary objective is increased if the amount of expenditure neutralization is required under section 197, § 3 retained at the end of the year's accounts, adapted by the adjustment coefficient described in paragraph 4 above.
A budget quotity is calculated as follows:
1. a first distribution key, in the form of a percentage, consisting of the share of the claimed expenses of each insurer in the total prested expenses of the fiscal year concerned for all insurers, the weight of which is identical to that of section 196, § 1^er after possible application of § 3 of the same article.
2. a second key of distribution, of a normative nature constituted, in the form of a percentage of the share of the normative expenditures of each insurer in the budget objective presumed whose weight is identical to that of Article 196, § 1^er after possible application of § 3 of the same article.
The budget objective presumed, after application of paragraph 5, is ventilated by an insurer based on the budget quotity presumed by each insurer organization calculated above and is expressed in the amount of the prested resources of each insurer.
As part of the final financial liability, in the event that the budgetary objective, after applying paragraph 5, is exceeded by more than 2 p.c. by the expenditures claimed, the deficit for the application of the contribution to be covered by each deficit insurer is limited to 2 p.c. of its presumed budget quotity.
It is appropriate to hear by:
- Boni presté: the share of the quotity of prested resources of an insurer organization exceeding its projected expenditures;
- presumed deficit: the proportion of the expenses claimed, for health benefits, of an insurer exceeding its quotity of resources.
An insurer that closes the calculation of its final financial liability in good standing, acquires in law, under final financial liability, part of the bonus presumed.
This portion of the bonus is 25 p.c. from 2001.
An insurer that closes the calculation of the presumed financial liability must provide a portion of this presumed financial liability.
This portion of the presumed deficit is 25 p.c. from 2001.
The results obtained by application of the preceding paragraph when calculating the final financial liability of insurers are compared to the results obtained during the closing of the accounts of the same fiscal year by application of section 198; the differences observed are introduced at the reserve fund of insurers in the closing of the nearest future accounts.
In 2008, the differences described in the previous paragraph in the general regime and in the regime of self-employed persons in the years prior to 2008 are added and introduced to the reserve fund of insurers in the closing of the single account 2008. "
Art. 119. In section 197 of the Act, replaced by the Royal Decree of 12 August 1994 and amended by the Act of 14 January 2002, the following amendments are made:
1° § 3 is supplemented by the following paragraph:
"The recognition of the existence of non-planned spending in the overall annual budget objective is carried out by the General Council during the emergence of these expenditures. "
2° to § 4, paragraphs 2, 3, 4 and 5 are repealed.
Art. 120. Section 198 of the Act, replaced by the Royal Decree of 12 August 1994 and amended by the Acts of 20 December 1995 and 26 March 2007, are amended as follows:
1° to § 2, the sentence "This part of the boni ... 25 p.c." is replaced by the following sentence: "This part of the boni is 25 p.c. from 2001. »
2° in § 3, the phrase "This part ... 25 p.c." is replaced by the following sentence: "This part is 25 p.c. from 2001. and in the sentence "This part ... for the application of this article. "for the years 1995 ... up to 75 p.c." are replaced by the words "75 p.c. from the year 2001. "
3° § 4 is repealed.
Art. 121. Section 199 of the Act, replaced by the Royal Decree of 12 August 1994 and amended by the Acts of 20 December 1995, 25 January 1999, 24 December 1999, 22 December 2003 and 27 April 2005, are amended as follows:
1° to § 1^er, the following paragraph is inserted between paragraph 1^er and paragraph 2: "In 1^er January 2008, the special reserve fund of the single plan is derived from the addition of the results to the special reserve fund of the general regime and the independent regime of previous years. »;
2° to § 2, the first sentence is supplemented as follows:
"after applying the differences described in paragraphs 12 and 13 of section 196bis. »;
3° in § 2, paragraph 7, the words "after applying the differences described in paragraphs 12 and 13 of Article 196bis" are inserted after the words "in Article 198, § 2,".
Art. 122. Sections 116 to 121 apply for the first time at the closing of the 2006 accounts.
CHAPTER VIII. - Amendments to the Compulsory Health Care and Allowance Act, coordinated on 14 July 1994
Art. 123. In the Compulsory Health Care and Compensation Insurance Act, coordinated on 14 July 1994, an article 36duodecies is inserted, as follows:
"Art. 36duodecies. The King may, by order deliberately in the Council of Ministers, establish an Impulse Fund for General Medicine, intended for the financing of measures to support general medicine, which aim to stimulate general practitioners to exercise or continue to practice a general medical activity. The measures may take into account specific objective characteristics of the general practitioners themselves on the one hand and their practice and the local characteristics of general medicine on the other hand and may, among other things, concern the installation costs of a general practitioner and the activities not concerning the necessary care for the management of the practice.
The expenses of the Impulse Fund are covered by the compulsory health care insurance budget and allowances.
The King sets out, by order deliberately in the Council of Ministers, the modalities for the operation of the Impulse Fund.
Art. 124. In section 55 of the Act, § 4 is repealed.
Art. 125. The Royal Decree of September 15, 2006 establishing an Impulse Fund for General Medicine and setting out its terms and conditions of operation, including subsequent amendments, remains applicable until the date of entry into force of the Royal Decree pursuant to section 36 of the Mandatory Health Care and Compensation Insurance Act, coordinated on July 14, 1994. "
Art. 126. In section 37 of the Act, relating to compulsory health care and allowances, coordinated on 14 July 1994, inserted by the Act of 5 June 2002 and amended by the Acts of 22 August 2002, 10 September 2002 and 24 December 2002, the Royal Decrees of 2 February 2004 and 3 March 2004, the Acts of 27 December 2005 and 27 December 2006 and the Royal Decree of 3 June 2007, paragraph 5 is supplemented by the following sentence:
"It is also considered to be personal intervention, the surcharge dependant of the beneficiary as a margin of security, as defined in section 35, § 4, and section 35 bis, § 4, of the nomenclature of health benefits, provided that mandatory insurance is actually intervened for the benefit for which the margin of security has been taken into account. "
Art. 127. Section 126 comes into force on 1^er July 2008. "
CHAPTER IX. - Amendment of the Act of 29 April 1996 on social provisions
Art. 128. Section 156bis of the Act of 29 April 1996 on social provisions, inserted by the Act of 24 December 2002, is supplemented by the following paragraph:
"The technical unit may also, in terms to be determined by the King, couple the data necessary to calculate the normative distribution key referred to in section 196 of the above-mentioned law on 14 July 1994. "
Art. 129. The King sets the effective date of Article 128.
CHAPTER X. - Amendment to Royal Decree No. 78 of 10 November 1967 on the Exercise of Health Care Professions
Art. 130. In article 45quinquies, § 3, 8°, of Royal Decree No. 78 of 10 November 1967 concerning the exercise of health care professions, inserted by the law of 13 December 2006 and amended by the law of 1^er March 2007, the words "and the Intermutualist Agency. are replaced by the words ", the Intermutualist Agency and the Scientific Institute of Public Health".
Art. 131. In the same order, an article 45sexies is inserted as follows:
"Art. 45sexies. § 1^er. It is established, within the foundation of the Cancer Registry, a data advisory committee of users of the foundation of public utility of the Cancer Registry (hereinafter "the user advisory committee").
§ 2. This user advisory committee has the following tasks:
1° supervision and assessment of qualitative and quantitative aspects of cancer registration,
2° the formulation of proposals to the Cancer Registry Foundation to optimize the recording and analysis of data,
3° the assessment of scientific reports prepared by the Cancer Registry Foundation, as part of the cancer registration missions, which are entrusted to it by the competent authorities or recognized international bodies,
4° the assessment of the admissibility of applications addressed to the Cancer Registry Foundation as part of its objectives and missions and the provision of advice to the Cancer Registry Foundation on the priority of applications when they are to be incorporated into the Foundation's operational plan,
5° the organization of the consultation on cancer research conducted on the basis of cancer registration data.
§ 3. The missions of the User Advisory Committee may be extended by the King.
The composition and functioning of the user advisory committee is set by the King.
CHAPTER XI. - Amendments to the Act of 21 April 2007 appointing representatives of home nurses to the Nursing Conventions Commission - insurers
Art. 132. In Article 4, § 5, of the Act of 21 April 2007 appointing the representatives of the home nurses to the Nursing Conventions Commission - insurers, paragraph 1^er is replaced by the following:
"The King shall designate officials who shall verify, at the administrative seat of the professional association who wishes to be recognized as representative, whether the conditions set out in § 2 are met. "
Art. 133. ÷ article 6 of the same law, the words "within 12 months after publication in the Belgian Monitor" are replaced by "within 31 December 2009".
PART XI. - Justice
CHAPTER 1^er. - Amendments to the Code of Criminal Investigation
Art. 134. In Article 216quater, § 2, paragraph 1^er, from the Code of Criminal Investigation, replaced by the law of 13 April 2005, the second sentence beginning with the words "÷ fault", and ending with the words "not applicable. is repealed.
Art. 135. In Book II, Title VII, of the same Code, the title of Chapter VI is replaced by the following:
CHAPTER VI. - Special provisions »
Art. 136. In the same Code, an article 645 is inserted:
"Art. 645. Police officers, directors of correctional institutions and representatives of directors of correctional institutions may be charged by the Public Prosecutor's Office, such as judicial officers, but without charge, with the service or notification of all judicial acts in criminal matters. "
CHAPTER II. - Amendments to the Act of 2 August 1974 on the treatment of public office holders, ministers of recognized worship and delegates of the Lay Central Council
Art. 137. In sections 26bis and 35, paragraph 1, of the Act of 2 August 1974 on the treatment of holders of certain public functions, ministers of recognized worship and delegates of the Lay Central Council, inserted by the Act of 27 December 2004 and amended by the Act of 11 July 2005, the number "301" is replaced by the number "341".
Art. 138. In the same Act, an article 36 is inserted, as follows:
“Art. 36. Pursuant to articles 26 to 29bis, the recognized places of the framework established by the King on the proposal of the Minister of Justice may be occupied by ministers of worship up to 50 per cent or 100 per cent of the salary scales established by these articles.
If more than one recognized place is accumulated, the maximum treatment that can be given to ministers of worship as part of the application of sections 26 to 29bis is limited to 150 percent of the salary scales established by these articles. "
CHAPTER III. - Granting subsidies to the Belgian Buddhist Union
Art. 139. A subsidy is granted to the non-profit association « Union Bouddhique Belge », whose seat is established at 1000 Brussels, Avenue de la Forêt, 117/7 for the structuring of Buddhism in Belgium, whose modalities for operating expenses and personnel are fixed by the King.
The sums necessary to deal with them are included annually in the SPF Justice budget.
CHAPTER IV. - Amendment of the Act of 15 May 2006 amending the Act of 8 April 1965 on the Protection of Youth, the Code of Criminal Investigation, the Criminal Code, the Civil Code, the new communal law and the Act of 24 April 2003 reforming the adoption
Art. 140. In Article 28 of the Law of 15 May 2006 amending the Law of 8 April 1965 on the Protection of Youth, the Code of Criminal Investigation, the Criminal Code, the Civil Code, the new communal law and the Act of 24 April 2003 reforming adoption, the words "on 1^er January 2009 » are replaced by the words "on 1^er January 2011".
CHAPTER V. - Amendment of the Act of 10 July 2006 on electronic procedure
Art. 141. Paragraph 2 is replaced by the following:
"Sections 2 to 38 come into force no later than 1^er January 2011. "
CHAPTER VI. - Amendment of the Royal Decree of 27 April 2007
general regulation of legal costs in criminal matters
Art. 142. Paragraph 2 is repealed in section 97 of the Royal Decree of 27 April 2007 on the General Regulation of Judicial Charges in Repressive Matters.
PART XII. - Inside
CHAPTER 1^er. - ID cards
Art. 143. In Article 6, § 1^er, of the Act of 19 July 1991 on Population Registers, Identity Cards, Foreign Cards and Residence Documents and amending the Act of 8 August 1983 organizing a National Register of Physical Persons, two paragraphs are inserted between paragraphs 1^er and 2:
"The identity card of the Belgian subject to a de-registration of the population for reasons of departure abroad remains valid for the duration mentioned on the map both abroad and if the holder returns to Belgium.
A career consular post or an honorary consular post designated by the King shall issue to the Belgians registered in the consular registers of the population in accordance with the Act of 26 June 2002 on consular registers of the population and identity cards, an identity card identical to the identity card referred to in this Act. This identity card remains valid for the duration mentioned on the card in case of registration of its holder in the registers of the population of a Belgian commune. "
Art. 144. Section 7 of the Act of 26 June 2002 on consular registers of the population and identity cards is replaced by the following:
“Art. 7. § 1^er. Any Belgian who is 12 years old and registered in the consular registers of the population of a Belgian consular post as referred to in section 2, is issued an identity card identical to the identity card referred to in the Act of 19 July 1991 relating to the registers of the population, identity cards, foreign cards and residence documents and amending the Act of 8 August 1983 organizing a National Register of Physical Persons.
The identity card is issued by the career consular post or by the honorary consular post designated by the King.
§ 2. The identity card issued by a Belgian commune in accordance with the Act of 19 July 1991 on the registers of the population, identity cards, foreign cards and residence documents and amending the Act of 8 August 1983 organizing a National Register of Natural Persons, remains valid for the duration mentioned on the map if the holder advises the municipality that he is going to settle abroad and is registered in the consular registers of the population of the municipality.
The identity card issued by a Belgian consular post pursuant to § 1^er remains valid for the duration mentioned on the map if the holder is registered in the consular registers of the population of another consular post or in the registers of the population of a Belgian commune.
§ 3. If a warrant of arrest or any other order or judicial decision of deprivation of liberty has been taken against the applicant or if he or she is the subject of a search order or if he or she is granted a provisional or conditional release measure with a prohibition of travel abroad, the identity card may only be issued after formal agreement of the Minister of Foreign Affairs. "
Art. 145. The King sets the effective date of Article 143.
The King sets the date of entry into force of §§ 1^er and 2 of section 7 of the Act of 26 June 2002 on consular registers of the population and identity cards, replaced by section 144.
CHAPTER II. - Amendment of the Act of 7 December 1998
organizing an integrated, two-tiered police service
Art. 146. In Part VIII, Chapter I^er, of the Act of 7 December 1998 organizing an integrated, two-tiered police service, it is inserted a Section 4, comprising section 247quinquies, as follows:
“Section 4. - The Integrated Police Secretariat, structured at two levels
Art. 247quinquies. By derogation from Article 149s, the function of Chief Service Officer of the Integrated Police Secretariat, which is structured at two levels, is also open to staff of the operational framework for the first appointment to this function.
The staff member of the operational framework that may be designated to this function maintains its status. "
CHAPTER III. - Security and Prevention - Amendments to the Law of 15 May 2007 on the creation of the function of guardian of peace, the creation of a service of guardians of peace and the modification of Article 119 bis of the new communal law
Art. 147. Section 2 of the Act of 15 May 2007 on the creation of the function of guardian of peace, the creation of the service of the guardians of peace and the modification of section 119bis of the new communal law, is replaced by the following:
“Art. 2. The municipality that employs people for the exercise of the activities referred to in Article 3, § 1^er, below referred to as the organising commune, created by decision of the communal council, a "service of guardians of peace".
This service may include:
1° of persons directly engaged by the organising commune;
2° of persons made available to the organising commune through a Local Employment Agency or the intervention of a legal person it creates.
The organizing commune concludes with the Local Employment Agency or with the legal person created a convention specifying the terms and conditions for making available to persons referred to in paragraph 2, 2°.
This Convention provides, inter alia, that the persons made available are part of the custodial service of peace and that the provisions of this Act are directly applicable to them. "
Art. 148. In section 3 of the Act, the following amendments are made:
1st paragraph 1 becomes § 1^er;
2° to § 1^er, 4°, the words "or the finding of violations of common royalty regulations" are deleted;
3° the article is supplemented by paragraph 2 as follows:
Ҥ2. The municipal council may also entrust to this service the finding of violations of the communal royalty regulations. "
Art. 149. In article 4, paragraph 1^erthe following amendments are made to the Act:
(a) at 1°, the words "activities referred to in Article 3, 1° to 4°" are replaced by the words "activities referred to in Article 3, § 1^er1° to 4° and/or § 2 »;
(b) at 2°, the words "activity referred to in Article 3, 5°" are replaced by the words "activity referred to in Article 3, § 1^er5°".
Art. 150. In Article 7, § 1^erthe following amendments are made to the Act:
1° to paragraph 1^er, the words "the activities as referred to in Article 3, 1°, 2°, 3° or 5°" are replaced by the words "the activities as referred to in Article 3, § 1^er, 1°, 2°, 3° and/or 5°
2° in paragraph 2, the words "activities as referred to in Article 3, 4°" are replaced by the words "activities as referred to in Article 3, § 1, 4° and/or § 2".
Art. 151. In section 10 of the Act, the following amendments are made:
1° in paragraph 1^erthe words "provincial and regional schools of administration" were inserted between the words "exempted by" and the words "training agencies";
2° in paragraph 2, the words "The individual must pass the examinations of the basic training that includes at least the following:" are replaced by the words "The individual must follow the basic training that includes at least the following:".
Art. 152. In Article 14, paragraph 3, of the same Act, the words "the activity referred to in Article 3, 3°" are replaced by the words "the activity referred to in Article 3, § 1^er3°".
Art. 153. In section 18 of the Act, the following amendments are made:
1° in paragraph 1^er, the words "The activities referred to in Article 3" are replaced by the words "The activities referred to in Article 3, § 1^er »;
2° in paragraph 1^er2°, the words "the activities referred to in Article 3, 3°, 4° and 5°" are replaced by the words "the activities referred to in Article 3, § 1^er3°, 4° and 5°".
Art. 154. In Article 19 of the Act, the words "subject to Article 3" are replaced by the words "subject to Article 3, § 1^er and the words "six months" are replaced by the words "eight months".
Art. 155. Section 20 of the Act is replaced by the following:
"Art. 20. § 1^er. Peacekeepers must meet the training conditions referred to in Article 8, paragraph 1^er, 7°, no later than one year after the first designation of the body that dispenses training in the language of the interested person, in accordance with Article 10, paragraph 3.
§ 2. Persons engaged in the activities referred to in Article 3, § 1^er, 1°, 2°, 3° or 5°, before the coming into force of the law can be engaged as guardian of peace provided that:
1° did not suffer after 1^er January 2007, a conviction referred to in section 8, paragraph 1^er, 2°, or having committed, after that same date, the facts referred to in Article 8, paragraph 1^er3°;
2° do not engage in activities as referred to in Article 8, paragraph 1^er5°, on the date of the creation of the service of the peacekeepers;
3° satisfying the conditions referred to in § 1^er.
§ 3. Persons engaged in activities as referred to in Article 3, § 1^er4°, before the entry into force of the law, shall meet the minimum conditions referred to in § 2 and article 8, paragraph 1^er8°. "
CHAPTER IV. - Civil security
Art. 156. In section 21 of the Civil Security Act of 15 May 2007, the following amendments are made:
1° the words "province or" are inserted between the words "minimum administrative and operational structures" and the words "areas in place";
2° the word "requisitions" is replaced by the word "calls".
Art. 157. Section 224, paragraph 2, of the Act is replaced by the following:
"The King determines the effective date of the other articles. "
PART XIII. - Public enterprises
UNIC CHAPTER. - Implementation of a system of benefits
non-recurring results-related to self-government enterprises
Section 1^re. - General Mechanism
Art. 158. This chapter applies to organizations classified as autonomous public enterprises by Article 1^er§ 4 of the Act of 21 March 1991 on reform of certain economic public enterprises. With regard to these public law societies, the concept of workers, as defined in this chapter, includes their staff members employed under statute and under employment contracts.
Art. 159. For the purposes of this chapter, non-recurring benefits related to results must be understood: benefits related to the collective results of a company or group of companies, or a well-defined group of workers, based on objective criteria. These benefits depend on the achievement of clearly marked, transparent, defined/measurable and verifiable objectives, excluding individual objectives and objectives that are clearly certain at the time of the introduction of a system of results-related benefits.
Art. 160. The non-recurring benefits associated with results are established in accordance with the procedures, terms and conditions set out in this chapter as well as by a royal decree deliberated in the Council of Ministers.
Art. 161. Each self-employed public enterprise may take the initiative to introduce non-recurring benefits related to results through a collective labour agreement or a regulation approved by the public enterprise's joint commission in accordance with the provisions of sections 34 and 35 of the Act of 21 March 1991 on the reform of certain economic public enterprises.
Art. 162. § 1^er. For the purposes of this chapter, non-recurring benefits related to results cannot replace or convert remuneration, bonuses, benefits in kind or generally any kind or supplements to any of the foregoing, provided for in individual or collective agreements, whether or not they are subject to social security contributions.
§ 2. By derogation from the provisions of § 1^er, non-recurring benefits related to results may be substituted for an existing system of benefits related to results in accordance with the procedure, terms and conditions prescribed in the Royal Decree deliberated in the Council of Ministers referred to in Article 160.
Section 2. - Treatment of non-recurring benefits in social law
results
Art. 163. The non-recurring benefits associated with the results provided for in this chapter do not confer, as opposed to the ceiling set out in article 38, § 3novies, of the Act of 29 June 1981 establishing the general principles of social security of employed workers, no right except for their payment by the employer.
Art. 164. At the time provided for the payment of non-recurring benefits related to the results, the worker receives a fact sheet in accordance with the obligations set out in Royal Decree No. 5 of 23 October 1978 relating to the maintenance of social documents and the enforcement orders of that Royal Decree relating to the individual account.
Art. 165. Article 23, paragraph 2, third sentence, of the Act of 29 June 1981 establishing the general principles of social security of employed workers, is replaced by the following provision:
"The benefits referred to in Chapter II of the Act of 21 December 2007 relating to the performance of the 2007-2008 Inter-Professional Agreement and to Part XIII, Single Chapter "Installation of a system of non-recurring benefits related to results for autonomous public enterprises" of the Act of 24 July 2008 on various provisions (I) are excluded from the notion of compensation to the amount determined in section 38, § 3novies. "
Art. 166. In Article 14 of the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers, § 3, inserted by the law of 21 December 2007, is replaced by the following provision:
“§3. The benefits referred to in Chapter II of the Act of 21 December 2007 relating to the execution of the 2007-2008 inter-professional agreement as well as to Title XIII, Single Chapter "The establishment of a system of non-recurring benefits related to the results for autonomous public enterprises" of the Act of 24 July 2008 on various provisions (I) are excluded from the notion of compensation to the amount determined in section 38, § 3novies, "
Art. 167. Article 38, § 3novies, paragraph 1^er, the Act of 29 June 1981 establishing the general principles of social security for wage workers, inserted by the Act of 21 December 2007, is replaced by the following provision:
Ҥ3novies. A special contribution of 33% is due by the employer on the amount of non-recurring benefits related to the results granted under Chapter II of the Act of December 21, 2007 relating to the execution of the interprofessional agreement 2007-2008 as well as to Title XIII, Single Chapter "Employment of a system of non-recurring benefits related to results for self-employed public enterprises" of the Act of July 24, 2008 on various provisions (I euros) "
Art. 168. Section 35bis of the Labour Accidents Act of 10 April 1971, inserted by the Act of 21 December 2007, is replaced by the following provision:
"Art. 35bis. For the purposes of this Act, the non-recurring benefits associated with the results granted to workers pursuant to Chapter II of the Act of 21 December 2007 relating to the execution of the Inter-Professional Agreement 2007-2008 as well as to Title XIII, Single Chapter "Installation of a system of non-recurring benefits related to the results for autonomous public enterprises" of the Act of 24 July 2008 of "
Section 3. - Tax treatment of non-recurring benefits
results
Art. 169. Article 38, § 1^erParagraph 1^er, 24°, of the Income Tax Code 1992, as amended by the Act of 21 December 2007, is replaced by the following provision:
"24° to a maximum of an annual amount not exceeding the limit set out in section 38, § 3novies, of the law of 29 June 1981 establishing the general principles of social security of employed workers, the non-recurring benefits related to the results paid or attributed under chapter II of the law of 21 December 2007 relating to the execution of the interprofessional benefit agreement 2007-2008 as well as of Title XIII, Single Chapter "
Art. 170. Section 52, 9°, of the same Code, as amended by the Act of 21 December 2007, is replaced by the following provision:
"9° the non-recurring benefits associated with the results paid or awarded under Chapter II of the Act of 21 December 2007 relating to the execution of the 2007-2008 interprofessional agreement as well as Title XIII, Single Chapter "The establishment of a system of non-recurring benefits related to the results for autonomous public enterprises" of the Act of 24 July 2008 relating to various provisions (I) and which are actually subject to the special contribution § 38 "
Section 4. - Entry into force
Art. 171. This chapter applies to benefits paid or awarded from 1^er January 2008 on the basis of this chapter and in accordance with the procedure, terms and conditions prescribed in the Royal Decree deliberated in Council of Ministers referred to in Article 160.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 24 July 2008
ALBERT
By the King:
The Prime Minister,
Y. LETERME
Minister of Finance,
D. REYNDERS
For the Minister of Social Affairs and Public Health, absent:
The Minister of Social Integration, Pensions and Great Cities,
Ms. M. ARENA
The Minister of the Interior,
P. DEWAEL
Minister of Justice,
J. VANDEURZEN
The Minister of Employment,
Ms. J. MILQUET
For the Minister of Foreign Affairs, absent:
The Minister of the Interior,
P. DEWAEL
Minister of P.M.E., Independents, Agriculture and Science Policy,
Mrs. S. LARUELLE
Minister of Energy,
P. MAGNETTE
The Minister of Public Enterprises,
Ms. I. VERVOTTE
Minister for Business and Simplification,
VAN QUICKENBORNE
The Secretary of State in Budget,
Mr. WATHELET
Seal of the state seal:
Minister of Justice,
J. VANDEURZEN
____
Note
(1) Documents of the House of Representatives:
52-1200 - 2007/2008:
001: Bill.
002 to 007: Amendments.
008 to 011: Reports.
012 and 013: Amendments.
014 to 017: Reports.
018: Text adopted by the Commissions.
019: Amendments.
020: Text adopted in plenary and transmitted to the Senate.
Full report: 3 July 2008.
Documents of the Senate:
4-845 - 2007/2008:
Number 1: Project referred to by the Senate.
n^bones 2-5: Reports.
No. 6: Decision not to amend.
Annales du Sénat : 10 et 14 juillet 2008.