Law On The Miscellaneous Provisions (I) (1)

Original Language Title: Loi portant des dispositions diverses (I) (1)

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Posted the: 2008-08-07 Numac: 2008202687 FEDERAL CHANCELLERY of the Prime Minister PUBLIC SERVICE July 24, 2008. -Law concerning various provisions (I) (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: title I:. -Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
TITLE II. -Finance chapter I. -Taxes on income Section 1. -Changes tax of physical persons art. 2. the heading of title II, chapter II, section IV, subsection III, B, 1 °, of the 1992 income tax Code is replaced by the following: '1 ° exports - comprehensive management of quality '.
S. 3. in article 67, § 1, of the same Code, replaced by the law of October 27, 1997 and amended by the decrees of July 20, 2000 and July 13, 2001 and by the law of 27 December 2006, 2 ° is repealed.
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4. in article 90 of the Code, amended by the Royal Decrees of 20 December 1996, July 20, 2000, and July 13, 2001 and the laws of August 10, 2001, December 15, 2004, December 27, 2005 and April 25, 2007, the following changes are made: a) in 3 °, 'assigned food annuities' shall be replaced by the words "food annuities regularly attributed";
(b) in 12 °, the words 'the national fund for scientific research, the 'Fonds voor Wetenschappelijk Onderzoek-Vlaanderen', la Recherche scientifique - FNRS CNMF' are replaced by the words «Federaal CNMF voor Wetenschappelijk Onderzoek - federal Fund for scientific research - FFWO/RSMC, the «voor Wetenschappelijk Onderzoek-Vlaanderen - FWO Fund', the «Fonds de la Recherche scientifique - FNRS - FRS-FNRS»».
S. 5. in article 104 of the same Code, as last amended by the Act of April 25, 2007, the following changes are made: a) 3 °, is replaced by the following: 'a) to institutions that fall under the application of the Decree of 12 June 1991 on universities in the Flemish community, and of the Decree of 5 September 1994 on the system of University studies and degrees in academic la Communauté française or licensed hospitals; »;
(b) in 3 ° (b), the words "to the National Fund for scientific research, the 'Fonds voor Wetenschappelijk Onderzoek-Vlaanderen', to the Fund for scientific research - FNRS,» are replaced by the words" to «Federaal Fonds voor Wetenschappelijk Onderzoek - federal Fund for scientific research - FFWO/RSMC», to the "Fonds voor Wetenschappelijk Onderzoek-Vlaanderen - FWO", to the "Fonds de Recherche scientifique - FNRS - FRS-FNRS", ";
(c) in 3 ° c, the words "to the public social assistance centres" are replaced by the words "at public centres for social action."
(d) in the 3 °, h 'created or approved' shall be 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 the public social assistance centres" are replaced by the words "to the public centres for social action.
S. 6. in article 143 of the same Code, amended by the laws of 6 July 1994, December 22, 1998, on 10 August 2001, July 6, 2004 and July 11, 2005, the following changes are made: a) 2 ° is replaced by the following: "2 ° income received by a disabled person who has in principle right to benefits covered by Act of 27 February 1987 on allowances for persons with disabilities the maximum amount to which the person may claim in pursuance of this Act; »;
(b) in the 4th, the words "in a recognized sheltered workshop' are replaced by the words"in an approved adapted work undertaking.
Section 2. -Miscellaneous amendments of 1992 s. income tax Code 7. in article 265, paragraph 2, 3 °, of the same Code, inserted by the law of April 27, 2007, the following changes are made: 1 ° the first indent is replaced by the following: '-allocated or awarded by an insurance company to a local authority referred to in article 161 of the new Municipal Act, or section 7 of the staff appointed local government pension Act of 6 August 1993. , and subject to the tax of legal persons; »;
2 ° in the second indent, (a), the words "in articles 161 and 161bis supra;" shall be replaced by the words "in article 161 of the new Municipal Act, or section 7 of the Act of 6 August 1993; »;
3 ° the second indent, (b), is replaced by the following: ' (b)) incurred by the aforementioned local authority capital are intended to cover expenses related to the statutory pensions by a payment of the insurance undertaking: 1. either directly to former employees of the local administration concerned or their dependants;
2 either indirectly in an institution of social security for the payment of the abovementioned statutory pensions; »;
4 ° in the second indent, d, the words "by the public administration or the public body" shall be replaced by the words "by the local administration.
S. 8. in article 2753, § 1, of the same Code, inserted by the law of 23 December 2005 and amended by the laws of 23 December 2005, December 27, 2006, and April 25, 2007, the following changes are made: 1 ° in the paragraph 1, the words "the national fund for scientific research, the Fonds de Recherche scientifique - FNRS, as well as the 'Fonds voor Wetenschappelijk Onderzoek-Vlaanderen» are replaced by «Federaal Fonds voor Wetenschappelijk Onderzoek - federal funds
scientific research - FFWO/RSMC», «Fund voor Wetenschappelijk Onderzoek-Vlaanderen - FWO», the «la Recherche scientifique - FNRS - FRS-FNRS ";
2 ° in the paragraph 3, 3 °, "programmes of research and development" shall be replaced by the words "research and development programs.
S. 9. article 531 of the same Code, inserted by the programme law (I) of 27 December 2006, is supplemented by the words "and § 1, 2 °, of article 67, as it existed prior to be repealed by the programme law (I) of 27 December 2006.
Section 3. -Entry into force art. 10. article 7 products its effects to the interests paid or attributed as of 1 January 2007.
Article 5 applies to donations made from January 1, 2008.
Articles 2, 3, 4, 1, 6, 1 and 9 shall apply from the 2009 tax year.
CHAPTER II. -Modification of the budgetary proposals 1979-1980 s. law of 8 August 1980 11. article 179, § 2, 1 °, of the law 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 purposes of federal tax laws, ONDRAF/NIRAS is assimilated to the State.".
CHAPTER III. -Confirmation of various orders art. 12 are confirmed with effect from the date of their respective commencement: 1. the royal decree of 29 November 2006 concerning implementation of the law of 26 November 2006 amending article 51 of the 1992 income tax Code;
2. the royal decree of 29 November 2006 granting a further reduction of withholding tax for professional fees;
3. the royal decree of 18 December 2006 amending, for withholding tax, the AR/CIR 92 and introducing Flemish lump-sum reduction of withholding tax;
4. the royal decree of 25 February 2007 amending the AR/CIR 92 abatement of tax for expenses incurred to secure a home against theft or fire.
5. the royal decree of 25 February 2007 amending, in what concerns the nature of the benefits under the tax reduction for expenses of renovation of housing given in rent to a moderate rent, AR/CIR 92;
6. the royal decree of 23 March 2007 on the implementation of the law of 26 November 2006 amending article 51 of the 1992 income tax Code;
7. the royal decree of April 9, 2007, giving a further deduction of withholding tax for professional fees;
8. the royal decree of 21 April 2007 amending, for withholding, AR/CIR 92;
9. the royal decree of 3 June 2007 amending, for withholding, AR/CIR 92;
10. the royal decree of 3 June 2007 implementing article 154bis, paragraph 3, and 2751, paragraph 4, of the 1992 income tax Code;
11. the royal decree of 7 December 2007 amending, for withholding, AR/CIR 92 and Flemish lump-sum reduction of the withholding tax.
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13. the section 12 comes into force the day of the publication of this Act in the Moniteur belge.
CHAPTER IV. -e-notary Section 1st. -Changes of the Code of 1992 s. income tax 14. article 433 of the 1992 income tax Code, amended by the royal decree of March 31, 2003, is replaced by the following: «art.» 433 § 1.
Notaries required to draw up an act aimed at the alienation or the assignment of mortgage of immovable property, a ship or a boat, are personally responsible for the payment of taxes and accessories which may give mortgage registration, if they do not advise: 1 ° the service designated for this purpose by the Minister of finance, his delegate, or the competent authority, by means of a procedure using computer techniques;
2 ° the receiver for the contributions in the spring

of which the owner or the beneficiary of the property has its domicile or its principal place of business and, in addition, if there is a building, the receiver for the contributions in the area in which it is located, where communication of the notice cannot, due to a case of force majeure or technical malfunction, be carried out in accordance with 1 °. In this case, the notice must be prepared in duplicate and sent by registered letter to the post.
§ 2. If the contemplated Act is not passed within three months following the dispatch of the notice, it will be considered void.
When the communication of notice is effected in accordance with the § 1, 1 °, the date of mailing of the notice means the date of the acknowledgement of receipt provided by the service designated for this purpose by the Minister of finance, his delegate, or the competent authority.
§ 3. When a notice is sent successively according to the procedures laid down respectively to the § 1, 1 ° and 2 °, the notice drawn up in accordance with the § 1, 2 ° prevails when its sending date is earlier than the date of dispatch of the notice drawn up in accordance with the § 1, 1 °.
§ 4. The Minister of finance, his delegate, or the competent authority determines the conditions and modalities for the application of this article. ».
S. 15. in article 434 of the Code, as amended by the royal decree of 31 March 2003, the words ", as appropriate, in article 433, § 1 or § 2» are replaced by the words 'in article 433.
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16. article 435 of the Penal Code is replaced by the following: «art.» 435. § 1.
When the acts referred to in article 433 passed, the notification referred to in article 434 wins garnishment in the hands of the notary on amounts and values that it holds under the Act on behalf or for the benefit of the debtor and is opposition on the price within the meaning of article 1642 of the Judicial Code in cases where the notary is required to apportion these amounts and values in accordance with articles 1639 to 1654 of the Judicial Code.
Without prejudice to the rights of third parties, when the Act referred to in article 433 passed, the notary is obliged to pay the hands of recipients of direct contributions, no later than the eighth working day following the procurement subject to the application of articles 1639 to 1654 of the Judicial Code, of the Act, amounts and values that it holds under the Act for account or for the benefit of the debtor to a maximum of the amount of taxes and accessories which it has been notified in execution of article 434 and to the extent where these taxes and accessories constitute a certain and liquid debt within the meaning of section 410.
In addition, if the sums and thus seizures-arrested are lower than all of the sums due to the registered creditors and dissenting creditors, including recipients of direct contributions, the notary shall, under penalty of being personally responsible for the surplus, inform no later than the first working day following the passing of the Act: 1 ° the service designated for this purpose by the Minister of finance its delegate or the competent authority, by means of a procedure using computer techniques;
2 ° above recipients, by registered mail, when the notary cannot, due to a case of force majeure or technical malfunction, communicate information in accordance with the 1 ° or when he has previously addressed the notice referred to in article 433 by registered letter at the post office.
As appropriate, the date of the information is that of the date of the acknowledgement of receipt provided by the Department designated for this purpose by the Minister of finance, his delegate or the competent authority, or the date of filing to the position of the registered letter.
§ 2. When a same information addressed successively according to the procedures laid down respectively in the § 1, paragraph 3, 1 ° and 2 °, established information pursuant to the § 1, paragraph 3, 2 °, prevails when its sending date is earlier than the date of dispatch of the established information pursuant to the § 1, paragraph 3, 1 °.
§ 3. Without prejudice to the rights of third parties, transcription or registration of the instrument is not opposable to the State, if the inclusion of the legal mortgage takes place within eight working days of the date of the information referred to the § 1, paragraph 4.
Are inoperative with regard to receivables from taxes and accessories reported in implementation of article 434, debts not listed for which seizure or opposition is practised only after the expiry of the time limit to the § 1, paragraph 3.
§ 4.
The Minister of finance, his delegate, or the competent authority determines the conditions and modalities for the application of this article. ».
S. 17. in article 436 of the Code, the words "paragraph 3" are replaced by the words "§ 3, paragraph 1.
Section 2. -Changes of the Code of tax on value added art. 18 in article 93ter of the Code of tax on the value added, inserted by the law of 8 August 1980 and amended by the laws of 22 December 1989 and December 28, 1992 and the Royal Decrees of 20 July 2000, July 13, 2001 and March 31, 2003, the following changes are made: 1 ° the § 1 is replaced by the following : "§ 1.» The notary required to draw up an act aimed at the alienation or mortgage of a much likely mortgage assignment, is to ask the owner or usufructuary of any or part of this property if it is a taxable person or a member of a unit VAT within the meaning of article 4, § 2.
Where the answer is Yes, the notary required this is personally liable for payment of value added tax and accessories that can give rise to mortgage registration if it does not notify: 1 ° the service designated for this purpose by the Minister of finance, his delegate, or the competent authority by means of a procedure using computer techniques.
2 ° the officer designated by the King when the communication of the notice cannot, due to a case of force majeure or technical malfunction, be carried out in accordance with the 1 °. In this case, the notice must be prepared in duplicate and sent by registered letter to the post.
If the contemplated Act is not passed within three months following the dispatch of the notice, it will be considered non-existent.
When the communication of the notice is made pursuant to paragraph 2, 1 °, the date of mailing of the notice means the date of the acknowledgement of receipt provided by the service designated for this purpose by the Minister of finance, his delegate, or the competent authority.
When a same notice is sent successively according to the procedures laid down respectively in paragraph 2, 1 ° and 2 °, the notice drawn up in accordance with article 2, 2 ° prevails when its sending date is prior to the date of mailing of the notice pursuant to paragraph 2, 1 °.
The Minister of finance, his delegate, or the competent authority determines the conditions and modalities for the application of this paragraph. »;
2 ° the § 1bis is repealed.
S. 19. in article 93quater of the Code inserted by the Act of 8 August 1980 and amended by the royal decree of 31 March 2003, the words "provided, as appropriate, in article 93ter, § 1 or § 1bis" are replaced by the words "provided for in article 93ter, § 1.
S. 20. article 93quinquies of the Code, inserted by the law of 8 August 1980, is replaced by the following: «art.» 93quinquies. § 1. When the Act referred to in article 93ter is passed, the notification referred to in section 93quater wins garnishment in the hands of the notary on amounts and values that it holds under the Act on behalf or for the benefit of the debtor and is opposition on the price within the meaning of article 1642 of the Judicial Code in cases where the notary is required to apportion these amounts and values in accordance with articles 1639 to 1654 of the Judicial Code , provided that the notification provided for in article 85, § 1, has taken place.
Without prejudice to the rights of third parties, when the Act referred to in article 93ter is passed, the notary is obliged to pay into the hands of the officer under section 93ter, no later than the eighth working day following the procurement subject to the application of articles 1639 to 1654 of the Judicial Code, of the Act, amounts and values it holds under the Act for account or for the benefit of the debtor up to the amount of value added tax and accessories which have been notified to it in pursuance of article 93ter and to the extent where this tax and these accessories gave rise to a constraint referred to in article 85, whose execution is not halted by legal action provided for in article 89.
In addition, if amounts and thus seizures-arrested are lower than all of registered creditors and dissenting creditors owed, including recipients of the tax on the value added, the notary shall, on pain of being personally responsible for the surplus, inform no later than the first working day following the execution of the Act: 1 ° the service designated for this purpose by the Minister of finance its delegate or the competent authority, by means of a procedure using computer techniques;
2 ° the designated officer pursuant to section 93ter, by registered mail, when the notary cannot, due to a case of force majeure or technical malfunction, communicate information in accordance with the 1 ° or when he has previously addressed the notice referred to in article 93ter by registered letter at the post office.
As appropriate, the date of the information is that of the date of the acknowledgement of receipt

press release by the service designated for this purpose by the Minister of finance, his delegate, or the competent authority, or the date of filing to the position of the registered letter.
§ 2. When a same information addressed successively according to the procedures laid down respectively in the § 1, paragraph 3, 1 ° and 2 °, established information pursuant to the § 1, paragraph 3, 2 °, prevails when its sending date is earlier than the date of dispatch of the established information pursuant to the § 1, paragraph 3, 1 °.
§ 3. Without prejudice to the rights of third parties, transcription or registration of the instrument is not opposable to the State, if the inclusion of the legal mortgage takes place within eight working days of the date of the information referred to the § 1, paragraph 4.
Are inoperative with regard to the claims of the tax on value added and notified in accordance with article 93quater accessories, all debts not listed for which seizure or opposition is practised only after the expiry of the time limit to the § 1, paragraph 3.
§ 4. The Minister of finance, his delegate, or the competent authority determines the conditions and modalities for the application of this article. ».
S. 21. in article 93sexies of the Code inserted by the law of 8 August 1980, 'paragraph 3' shall be replaced by the words "§ 3, paragraph 1.
Section 3. -Entry into force art.
22. articles 14 to 21 have effect March 1, 2007.
Chapter V. - Accounts, chests and Section 1st dormant insurance contracts. -Provisions preliminary art. 23. for the purposes of this chapter and its orders of execution, it has to be understood by: 1 ° accounts: accounts at sight, savings books, futures or refundable deposit with notice, securities accounts, or all accounts other accounts in which are individualized assets held by depository institutions on behalf of their clients;
2 ° contracts of insurance: insurance contracts subject to Belgian law, either pursuant to article 97 of the law of 25 June 1992 on terrestrial insurance contract, either covering the risk of marriage or birth, and concluded to the benefit of a natural person. Insurance coverage complementary requiring a payable capital death follows the main coverage referred to in article 97, supra;
3 ° dormant accounts: accounts that have been the subject, on the part of the holders of any intervention for at least five years;
4 ° dormant chests: boxes for which the rent was not paid for at least 5 years and that have been opened on the initiative of the establishment owner after termination of the lease;
5 ° dormant insurance contracts: insurance contracts which have not been the subject on the part of the beneficiary of an intervention within six months of taking knowledge of the occurrence of the risk by the insurance undertaking;
6 ° Hotel custodian: a) any credit institution referred to in article 1, paragraph 2, 1 °, of the law of 22 March 1993 on the status and control of credit institutions;
(b) all investment firms referred to in Act of 6 April 1995 on the status and control of investment firms, which carries on business in Belgium and who can receive to the public under the Belgian law of deposits in money, other repayable funds or securities;
(c) the post office;
7 ° establishment owner: any credit institution referred to in article 1, paragraph 2, 1 °, of Act of 22 March 1993 on the status and control of credit institutions, leasing of safes;
8 ° an insurance company: any insurance undertaking within the meaning of article 91bis, 1 ° and 2 ° of the Act of 9 July 1975 on the control of insurance undertakings;
9th intermediate insurance: any person doing in intermediation in insurance as defined by article 1, 1 °, of the law of 27 March 1995 on insurance and reinsurance intermediation and the distribution of insurance;
10 ° holder: any natural person, including the right holders and the legal representative having the right to dispose of the assets on the dormant account;
11 ° tenant: any natural person who has the right of access to the trunk.
12 ° beneficiary: any person eligible for benefits provided in application of the law of 25 June 1992 on terrestrial insurance contract;
13 ° intervention of holder: any operation of the holder on one of its accounts at the depositary institution or contact the holder with the establishment of depositary;
14 ° intervention of the lessee: payment of rent in arrears by the lessee and any contact of the tenant with the establishment owner;
15 ° intervention of the beneficiary: contact the beneficiary with an assurance undertaking related to the liquidation of the insured benefits;
16 ° FEBELFIN: Belgian Federation of the financial sector;
17 ° caisse: Caisse des Dépôts et Consignations referred to in article 1 of the royal decree No. 150 of 18 March 1935 coordinating laws relating to the Organization and the functioning of the Caisse des Dépôts et Consignations and with Amendments Act of July 31, 1934.
S. 24. This chapter shall not apply: 1 ° to life insurance contracts concluded in the framework: has) by Act of 28 April 2003 on supplementary pensions and the tax system and to certain additional social security benefits;
b) of title II, chapter I, Section 4, of the Act program (I) of 24 December 2002;
2 ° to life insurance contracts concluded in fulfilment of a commitment to establish a supplementary pension under the occupational activity other than those referred to in 1 °;
3 ° to life insurance contracts which exclusively provide a benefit in the event of life that runs in the form of an annuity whose implementation has already started.
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25. This chapter does not apply to accounts, chests and dormant insurance that are unavailable for reasons legal, judicial or conventional contracts, as long as such unavailability.
Section 2. -Accounts dormant art. 26 § 1.
Depository institutions are looking for holders of dormant accounts.
For this purpose, they send a letter to licensees. They can consult the national register of natural persons as well as, where applicable, the Crossroads Bank for social security, according to the procedure provided for in § 2.
In the absence of intervention by the holder within a period of one month after the sending of the letter or in case of return of the letter they send a registered letter with acknowledgement of receipt.
Previously, they consult the national register of natural persons as well as, where applicable, the Crossroads Bank for social security, following the procedure laid down in paragraph 2, unless the consultation provided for in paragraph (2) took place.
The letters referred to in paragraphs 2 and 3 shall inform the holder of the existence accounts concerned as well as of the procedure if any intervention on its part is done.
It belongs at depositary institution to demonstrate the intervention of the holder by any legal means. The signing of the acknowledgement of receipt is equated to an intervention of the holder.
§ 2. FEBELFIN is granted permission to use the identification number of the national register of natural persons, to communicate to the relevant depositary institution and access to data from the national register of natural persons referred to in article 3 of the law of 8 August 1983 organising a national register of natural persons, for the sole purpose to communicate to depository institutions the information they need to perform the obligations provided in this chapter.
FEBELFIN is granted permission to use the identification number of the Crossroads Bank for social security, to communicate to the relevant depositary institution and access the data referred to in article 4 of the Act of January 15, 1990 to the institution and the Organization of a Crossroads Bank for social security, for the sole purpose to communicate to depository institutions the information they need to perform the obligations provided in this chapter.
The King lists of the data referred to in paragraphs 1 and 2.
FEBELFIN has access to the data referred to in paragraphs 1 and 2 provided that they have received a reasoned request in this sense on the part of a depository institution. FEBELFIN shall communicate to the depositary institution data that it must necessarily know to perform its obligations under this chapter.
§ 3. Depository institutions are granted permission to save and treat the identification number of the national register referred to in article 3 of the law of 8 August 1983 organising a national register of natural persons, as well as the identification number of the Crossroads Bank of social security referred to in article 4 of the Act of 15 January 1990 on the institution and the Organization of a Crossroads Bank for social security solely the Fund, provide the information which the latter needs.
§ 4. An account dormant whose assets are less than 20 EUR, should not be subject to the procedure for research referred to in §§ 1, 2 and 3.
S. 27. the depository institutions may bear the costs for the research referred to in article 26. They may not exceed 10% of the total of the assets of dormant accounts or their equivalent at the time of the beginning of the research.
The King may determine a maximum amount.
Depository institutions must make the

research provided that these costs do not exceed the limit laid down in paragraph 1.
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28. If, despite the procedure referred to in article 26 research, the dormant account has not been the subject of intervention on the part of the holder, dormant account assets are transferred to the Fund 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 sets the rules relating to the transfer of assets and the exchange of data between the custodian and the Fund.
By way of derogation from paragraph 1, the assets of dormant accounts whose value is less than 20 euro, are transferred to the Fund without information. They can be transferred in a comprehensive manner to the Fund.
The rights of the holder on the holdings referred to in paragraph (2) will turn off by the transfer to the Fund.
Denominated cash currencies whose value is less than EUR 50, are converted to euros by the depositary institution before being transferred to the Fund.
S. 29. subject to the application of article 43 and except in case of error or fault in the head of the establishment depositary, the transfer to the Fund of assets of a dormant account, releases stay depositary of any obligation with respect to the licensee, the authorities, and any third party. The Caisse does not contain the rights and obligations of the depositary with the exception of the obligation to refund establishment.
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30. the Fund shall maintain a register of dormant accounts and ensures access to persons who possess a legitimate interest. The King sets the conditions for access to this register.
Section 3. -Safe deposit boxes dormant art. 31. §§ 1 to 3 of article 26 shall apply, on the understanding that the words 'institutions hirers', 'tenants' and 'chests', should be read in place respectively the words 'depository institutions', «incumbent» and «accounts».
Hirers can wear into account research costs cannot exceed EUR 100. The King may increase this amount.
Landlords must do the research provided that these costs do not exceed the limit laid down in paragraph 2.
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32. If, despite the research referred to in article 26, a dormant trunk did not subject to an intervention of the lessee, the owner establishment packs its content with the exception of the species and the titles, in a sealed envelope according to the procedure that is in force with him, and registered species and titles respectively into account and securities account. At the same time, the establishment owner provides the Fund data determined by the King.
For ten years, the tenant may request the contents of the sealed envelope with the owner institution, according to the provisions of the lease. The owner establishment shall immediately inform the Fund.
The Fund retains data for safe sleeping for ten years from the receipt of the latest data.
The Fund maintains a registry of the dormant coffers. The Fund ensures access to persons who possess a legitimate interest. The King determines the conditions for access to this register.
Section 4. -S. dormant insurance contracts 33 insurance companies check within six months following the end of a contract of insurance providing benefits in case of death, if the insured has not died during the period of coverage.
They are exempt from this audit for the following contracts: 1 ° insurance contracts providing for only benefits in case of death, expired before the date of entry into force of this chapter and the occurrence of the risk has not been brought to the knowledge of the insurance undertaking;
2 ° the outstanding balance insurance contracts attached to a loan;
3 ° life insurance contracts a loan Assistant.
The King may complete the list referred to in paragraph 2.
S. 34. until the insured of a contract of insurance providing for a death, reaches the age of ninety years, insurance companies check the survival of the insured and reiterate this operation at least every five years. The King may amend this age than this periodicity.
The King may impose checks for insurance contracts from lasting more than twenty years.
To ensure the survival of the insured referred to article 33 and in this article, the research referred to in article 36 procedure is used except if the audit referred to in paragraph 4 has been held.
Verification is assumed in case of personal contact of the insured with a servant of the insurance undertaking or an intermediary of insurance. It belongs to the insurance company to demonstrate this verification by any legal means. The King may determine an alternative verification.
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35. within 18 months of taking knowledge of the occurrence of the risk and in the absence of intervention by the beneficiary, the insurance company verifies if all the conditions are met to consider this risk as being covered. It belongs to the insurance company to demonstrate this verification by any legal means.
S. 36 § 1. Insurance companies are looking for the beneficiaries of the dormant insurance contracts.
To this end, they directed a letter to beneficiaries. They can consult the national register of natural persons as well as, where applicable, the Crossroads Bank for social security, according to the procedure provided for in § 2.
In the absence of intervention by the beneficiary within a period of one month after the sending of the letter or in case of return of the letter they send a registered letter with acknowledgement of receipt. Previously, they consult the national register of natural persons as well as, where applicable, the Crossroads Bank for social security, following the procedure laid down in paragraph 2, unless the consultation provided for in paragraph (2) took place.
The letters referred to in paragraphs 2 and 3 shall inform the beneficiary of the existence of insurance contracts concerned as well as the procedure if any intervention on its part is carried out.
It belongs to the insurance company to prove the intervention of the recipient by any legal means. The signing of the acknowledgement of receipt is equated to an intervention by the beneficiary.
§ 2. ASSURALIA was granted permission to use the identification number of the national register of natural persons, to communicate to the relevant insurance company and access to data from the national registry of natural persons, referred to in article 3 of the law of 8 August 1983 organising a national register of natural persons, for the sole purpose of insurance companies the information they need to perform the obligations laid down in this chapter.
ASSURALIA is granted permission to use the identification number of the Crossroads Bank for social security, to communicate to the insurance undertaking concerned and accessing the data referred to in article 4 of the Act of 15 January 1990 on the institution and the Organization of a Crossroads Bank for social security, for the sole purpose of insurance companies, provide the information they need to perform the obligations provided in this chapter.
The King lists of the data referred to in paragraphs 1 and 2.
ASSURALIA has access to the data referred to in paragraphs 1 and 2 provided that they have received a reasoned request in this sense on the part of an insurance undertaking. ASSURALIA will communicate to the insurance company data that it must necessarily know to perform its obligations under this chapter.
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3. Insurance companies are granted permission to save and treat the identification number of the national register referred to in article 3 of the law of 8 August 1983 organising a national register of natural persons as well as the identification number of the Crossroads Bank of social security referred to in article 4 of the Act of 15 January 1990 on the institution and the Organization of a Crossroads Bank for social security solely the Fund, provide the information which the latter needs.
§ 4. An insurance contract sleeping with less than 20 euros, the insured benefits must not be subject to the checks and surveys referred to in articles 33 to 36.
S. 37. the insurance companies may bear the costs for audits and research referred to in articles 33 to 36. They may not exceed 5% of the insured benefits. The King may determine a maximum amount.
Insurance companies must do the audit and research provided that these costs do not exceed the limit laid down in paragraph 1.
S. 38. If, despite the research referred to in article 36, the dormant insurance contract did not subject to intervention by the beneficiary, are transferred to the Fund by the insurance undertaking before the end of the eighteenth month from the outlet of knowledge of the occurrence of risk: 1 ° benefits provided at the same time as the data determined by the King which appear the verification referred to in article 35 that the risk is covered.
2 ° only the data identified by the King in case it is not clear from the audit referred to in article 35 that the risk is covered.
The transfer of moneys is not considered a payment or an allocation for the implementation of tax obligations or deductions of any kind

to operate under the Act by the insurance company on the insured benefits transferred to the Fund.
The spouse, heirs and creditors of the lessee can assert their rights as provided for by sections V and VI of chapter II of title III of the law of 25 June 1992 on terrestrial insurance contract, when the insured benefits are deposited in the Fund.
The insurance undertaking specifies the Caisse the identity of persons who are not entitled to insured benefits.
The King sets the rules relating to the transfer of insured benefits and the exchange of data between insurance companies and the Fund.
By way of derogation from the preceding paragraphs, the benefits of dormant insurance contracts whose value is less than 20 euros, are transferred to the Fund without information. They can be transferred in a comprehensive manner to the Fund.
The rights of the beneficiary on insured benefits referred to in paragraph (6) extinguished by the transfer to the Fund.
S. 39. subject to the application of article 43 and except in case of error or fault on the part of the insurance undertaking, the transfer of the benefits provided to the Fund releases the insurance undertaking from any obligation with respect to the beneficiary, the authorities and any third party. The Caisse does not resume the rights and obligations of the insurance company, with the exception of the requirement for payment of benefits provided that she received in pursuance of article 38, paragraph 1, 1 °.
S. 40. the cash registers: 1 ° of assured that insurance companies have transferred and benefits it holds for the account of the beneficiary;
2 ° the data referred to in article 38, paragraph 1.
The Fund provides to persons who possess a legitimate access to the register referred to in paragraph 1.
The King sets the conditions for access to this register.
Section 5. -Provisions Commons article
41. the assets in the Fund are held for the account holder, the tenant or the beneficiary.
The deposited capital interest.
Subject to the application of article 11 of the law of 14 December 2005 abolishing bearer securities, assets and interests can be removed by the owners, tenants or recipients.
Section VI - limitation and revocation of order royal No. 150 on March 18, 1935, coordinating laws relating to the Organization and the functioning of the Caisse des Dépôts et Consignations and with Amendments Act of July 31, 1934, applies to the deposited assets with reported interest.
The Caisse manages the assets deposited in the form of securities or foreign currency and may charge into account of a third party owner, tenant or beneficiary. The King sets the rules for the allocation of these costs.
S. 42. the King may, by Decree deliberated in the Council of Ministers, assign the part to determine assets deposited in the Fund pursuant to article 28, paragraph 2, and article 38, paragraph 6, to the ageing Fund created by the law of 5 September 2001 on guarantee of a continuous reduction in the public debt and creating an Ageing Fund.
S. 43. If there is a doubt regarding the accuracy of the data that the Fund received in pursuance of article 28, paragraph 1, article 32, paragraphs 1 and 2, and article 38, paragraphs 1, 4 and 5, dealers, rental establishments establishments and insurance companies check at his request and him forward, where appropriate, corrected data.
S. 44. in its annual report, the Fund provides an overview of chests and dormant insurance contracts accounts.
S.
45 the King can amend or repeal all or part of the royal decree No. 150 of 18 March 1935 coordinating laws relating to the Organization and the functioning of the Caisse des Dépôts et Consignations and with Amendments Act of July 31, 1934, in order to ensure its consistency with this chapter.
The King may provide that articles 13 and 14 of the order royal No. 150 on March 18, 1935, coordinating laws relating to the Organization and the functioning of the Caisse des Dépôts et Consignations and with Amendments Act of July 31, 1934, are not applicable.
S. 46 FEBELFIN and ASSURALIA must together or each separately creating an institution which, in their place: 1 ° receives permission to use the identification number of the national register of natural persons and that of the Crossroads Bank of social security;
2 ° receives access to data from the national registry of natural persons, referred to in article 3 of the law of 8 August 1983 organising a national registry of natural persons, and data from the Crossroads Bank of social security referred to in article 4 of the Act of 15 January 1990 on the institution and the Organization of a Crossroads Bank for social security with the aim fixed in articles 26, 31 and 36;
3 ° carries out the activities referred to in articles 26, 31 and 36.
The institutions referred to in the first subparagraph shall enjoy legal personality. Their headquarters and their Directorate-General are established in Belgium. They limited their object to activities referred to in articles 26, 31 and 36 and the activities of the same nature within the framework of other legal obligations. Members of these institutions are still FEBELFIN and/or ASSURALIA themselves and/or the members of FEBELFIN and ASSURALIA and/or.
Section 6. -Disposition criminal art. 47 is punished by imprisonment from eight days to one year and a fine of 26 to 250,000 euros or one of those penalties only, who, knowingly, as an administrator or Manager of a depositary institution, a facility owner or an insurance company, commits an offence under the provisions of this chapter.
Section 7. -Provision repealing art. 48. Chapter II of title X of the Act of April 25, 2007, relating to various provisions (IV), including articles 208 to 214, is repealed.
Section 8. -Provisions transitional art. 49. for accounts which have not undergone an intervention of the holder for more than five years at the time of the entry into force of this chapter, the research referred to in article 26 procedure is initiated within two years of the entry into force of this chapter.
If, despite the research referred to in article 26 procedure, these accounts have not been the subject of an intervention of the holder, the assets of these accounts are transferred to the Fund as follows: the first instalment of 25% of these accounts no later than at the end of these two years, the second instalment of 25% at the end of three years, the third instalment of 25% at the end of four years and the balance at the end of five years following the entry into force of this chapter.
S. 50. the hirer establishment must comply with the obligations it imposed by paragraph 1 of article 32, within three years after the entry into force of this chapter, in relation to the chests that are chests dormant at the time of the entry into force of this chapter and which, despite the research referred to in article 26 procedure, did not subject to intervention by the tenant within three years after the entry into force of this chapter.
S. 51. the insurance undertaking shall comply with the obligations it imposed by article 38, paragraphs 1 and 4 to 6, within three years after the entry into force of this chapter, in relation to insurance contracts which are contracts of insurance dormant at the time of the entry into force of this chapter, or will become within a period of one year after the entry into force of this chapter and which Despite the research referred to in article 36, did not the object of intervention of the recipient within three years after the entry into force of this chapter.
Section 9. -Entry into force art. 52. This chapter enter into force the day of its publication in the Moniteur belge.
By way of derogation from paragraph 1, article 47 shall enter into force at a date to be fixed by the law and after an overall assessment of the present chapter. This chapter will be evaluated no later than eighteen months after the date of entry into force of this chapter.
CHAPTER VI. -Banking, finance and insurance commission art.
53. article 64 of the law of 22 March 1993 on status and control of credit institutions, as amended by the laws of August 12, 2000, February 25, 2003 and November 19, 2004, is replaced by the following: «art.» 64. communal savings banks formerly referred to in article 124 of the new communal and existing law on January 1, 1932 are subject to the following rules: 1 ° accreditation as a credit institution does however give them that the exercise of activities consisting of: has) reimbursable funds other than overnight deposits euro and put the product in euros from other credit institutions established in Belgium or governed by the law of a State Member of the European economic area or in financial instruments in euros noting receipt of repayable funds and issued or guaranteed by the communities, the regions and international organizations which the Belgium is a member, the Member States of the European economic area or of credit institutions established in Belgium or governed by the law of a Member State of the EEA European;
(b) in any intermediation services credit and insurance subject to compliance with the specific laws applicable to these matters as well as in the provision of investment services consisting in the placement of financial instruments

no firm commitment.
The banking, finance and Insurance Commission may, on such conditions as it shall determine, authorise such savings municipal to extend their activities to certain other transactions.
2 ° they must be made in a form which ensures the separation of their heritage and their management of those municipalities whose jurisdiction they fall.
3 ° they are subject to the provisions referred to in articles 13, 18 to 31, 32, §§ 1 and 2, 33, 43-46 and 47;
4 ° in relation to the audit control, they designate an auditor or auditors authorized under section 52; articles 50 to 55 shall apply;
5 ° the articles 56, 57, 60, 91-94 and 102 at 110bis2 shall apply. ».
S.
54. in article 110 of the Act, section 6 is repealed.
S. 55. article 54 of this Act comes into force only if the competent regional authorities allow and organize the transformation of communal savings banks into a limited company under public law and after the competent regional decrees containing such decisions have been published in the Moniteur belge.
TITLE III. -Energy single chapter. -Amendment of the law of 11 April 2003 on the provisions for the decommissioning of nuclear power plants and for the management of fissile materials irradiated in these power plants s. 56. in article 4, § 1, of the law of 11 April 2003 on the provisions for the decommissioning of nuclear power plants and for the management of fissile material irradiated in these plants, replaced by the Act of April 25, 2007, paragraph 1, fourth indent, is replaced by the following provision: "-the president of the federal public Service Executive Committee Budget and management control or his alternate.
TITLE IV. -Economy chapter I. -Amendment of the Act of 26 June 1963 establishing an Association of architects s. 57A article 35 of the Act of 26 June 1963 establishing an order of architects, as amended by the Act of February 15, 2006, the following changes are made: 1 ° in the first paragraph, the words 'one French-speaking and one Dutch expression' shall be replaced by the words "respectively the French-speaking and German-speaking of the architects Council and the Flemish Council of the order of architects»
2 ° paragraph 2 is supplemented as follows: "the presidents of the Councils of the order referred to in this paragraph attend separate deliberations.
»;
3 ° paragraph 3 is supplemented as follows: 'the presidents of the Councils of the order referred to in this paragraph will attend separate deliberations.'.
CHAPTER II. -Intellectual property - Modification of the Act of April 21, 2007, containing various provisions relating to the procedure for filing of European patent applications and the effects of these applications and European patents in Belgium art. 58 article 2, paragraph 3, of the Act of April 21, 2007, containing various provisions relating to the procedure for filing of European patent applications and the effects of these applications and European patents in Belgium, in the Dutch version, the word "official" is deleted.
CHAPTER III. -Réviseurs d'Entreprises Section 1st. -Amendment of the law of 22 July 1953 creating an Institute of the réviseurs d'Entreprises and organizing the public oversight of the profession of Auditor art. 59 article 8, § 2, of the Act of 22 July 1953 creating an Institute of the réviseurs d'Entreprises and organizing the public oversight of the profession of Auditor, the word "sixty" is replaced with the word '70th.
Section 2. -Amendment 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 on the audits of the annual accounts and consolidated accounts, amending Directives 78/660 / EEC and 83/349/EEC of the Council 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 on statutory audits of annual accounts and consolidated accounts, amending Directives 78/660 / EEC and 83/349/EEC of the Council and repealing Council Directive 84/253 / EEC of paragraph 1 is repealed.
TITLE V
-Federal science policy chapter I. -Creation of a separate Government "Polar Secretariat" s. 61. it is created within the federal science policy programming public Service a service of the State to separate management, as defined in section 140 of the laws on accounts of the State, coordinated on 17 July 1991, referred to as the "Secretariat polar" to manage financial and material from the station scientist "Princess Elisabeth" erected on the Antarctic, in accordance with the Antarctic Treaty on 1 December 1959 and approved by the law of July 12, 1960, and to the law of April 7, 2005, on implementation of the Protocol to the Treaty on Antarctica on the protection of the environment, of the Appendix and Annexes Ire, II, III and IV, made in Madrid on 4 October 1991 and annex V, made in Bonn on 7 to 18 October 1991.
S. 62. the Secretariat polar manages financial and material from the station "Princess Elisabeth" scientific as part of his donation to the State by the International Polar Foundation. It shall allow to associate potential partners of the activities of the station with its objectives the implementation, the promotion of the scientific activities of the polar station and the dissemination of scientific knowledge relating to Antarctic research and climate change.
The King determines, by Decree deliberated in the Council of Ministers, the terms management and exploitation of the Polar Secretariat.
S. 63. the King fixed the date of entry into force of this chapter.
CHAPTER II. -Recovery of heritage and staff of the Association 'Centre for the study of 15th-century painting in the southern Netherlands and the Principality of Liège' by the royal Institute of heritage artistic art. 64. for the purposes of this chapter, there are means:-'Centre', VZW 'Centre for the study of 15th-century painting in the southern Netherlands and the Principality of Liège.
S. 65 § 1. After 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 charge, property, rights and obligations as well as, subject to their agreement, all members of the staff of the dissolved association.
The transferred staff members are listed as contractual staff of the scientific establishment.
They can be replaced by agents recruited according to standing rules of the Statute applicable to the scientific establishment.
§ 2. The staff transferred by virtue of § 1 retain at least in their new contract of employment within the scientific establishment, the salary scales and other benefits, including their length of service acquired from the Centre, they had or would have had if they had continued their function to the breast of Centre.
S. 66. This chapter enter into force on a date set by King and no later than January 1, 2009.
TITLE VI. -Social status of the self-employed, chapter I. -Modification of the royal decree of 18 November 1996 establishing a social insurance for the self-employed in bankruptcy and assimilated persons, in accordance with articles 29 and 49 of the Act of 26 July 1996 on the modernization of social security and ensuring the viability of statutory pension Art. schemes 67. in article 4, § 1, 2 °, of the royal decree of 18 November 1996 establishing a social insurance for the self-employed in bankruptcy and persons assimilated, in application of articles 29 and 49 of the Act of 26 July 1996 on the modernization of social security and ensuring the viability of the statutory pension schemes, as amended by the law of 24 January 2002 , the words "in article 12, § 1, of the royal decree No. 38» are replaced by the words" articles 12, § 1, 12, § 1bis, and 13bis, § 2, 1 °, of the royal decree No. 38.
S. 68. article 5, paragraph 4, of the arrested, amended by the law of 24 January 2002, is replaced by the following provision: "any change in the conditions referred to in article 4, § 2, produces its effects the first day of the month following that of this change, for the benefit referred to in article 3, 2 °.» In addition, this benefit is suspended for any month during which a professional activity is carried out or in which it may be claimed income replacement. ».
S. 69. article 67 produces its effects:-January 1, 2002, with respect to article 12, § 1bis, of the royal decree No. 38 of 27 July 1967 organizing the social status of self-employed persons;
-January 1, 2008 with regard to article 13bis, § 2, 1 °, of the arrested.
CHAPTER II. -Supplementary pensions for independent arts. 70. in article 42 of the programme law (I) of 24 December 2002, as last amended by the programme act of 9 July 2004, the following changes are made: 1 3 ° ° is replaced as follows: "independent worker 3rd:-subject self-employed person referred to in article 12, § 1, of the royal decree No. 38 of 27 July 1967 organizing the social status of self-employed persons;

-the subject independent worker referred to in article 12, § 2, of the arrested who is liable for social security contributions at least equal to those prescribed in article 12, § 1, of the same order.
-the self-employed subject referred to in article 13bis, § 2, 1 °, of the same order; »;
2 ° in the 4th, the words ' ' in article 12, § 1» are replaced by the words "in articles 12, § 1 and 13bis, § 2, 2 ° ';
3 ° in 5 °, the words "in article 12, § § 1 and 1bis" are replaced by the words "in articles 12, § 1 and 13bis, § 2, 1 °.
S.
71. This chapter is effective January 1, 2008.
CHAPTER III. -Self-employed persons in serious disability or long-term art.
72 in order royal No. 38 of 27 July 1967 organizing the social status of the self-employed, an article 13quater is inserted, worded as follows: «art.» 13quater. the King grants, by Decree deliberated in the Council of Ministers, a decrease in contributions to maintain insurance free small risks to self-employed persons in serious or long-term incapacity referred to in the following subparagraph. This decrease varies depending on the increases in the rates of contributions applied since January 1, 2008 and is up to a decrease of 2.35 per cent of these rates.
By 'self-employed in serious or long-term work incapacity' within the meaning of the preceding paragraph, means the self-employed who: 1 ° either, have their 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 of the Institute, such as being unable to work for a supposed at least one-year duration due to injuries or functional disorders resulting in a reduction in the ability to gain two-thirds or more of what a person of the same condition and training can earn through his work.
Is not considered as a lucrative work activity carried out by the self-employed person under the conditions and for the period laid down in article 23bis of the royal decree of 20 July 1971 establishing a system of insurance against incapacity for work for self-employed persons.
The doctor inspector sets the duration of incapacity for work and notify its decision to the person concerned in the month following the review.
Doctor-inspector shall further review within thirty days before the end of the period of incapacity for work previously recognized.
Continue to be deemed unable to work persons whose incapacity for work has been recognized until the age of sixty-five years.
Incapacity for work is recorded on request in writing, addressed to the supervising official of the medical control Service, by the person concerned or the person who is authorized by law to act for him;
2 ° or, pursuant to article 2, § 1, of the allowances for disabled persons act of 27 February 1987, have the recognition of disability required to benefit from the right to the income replacement allowance referred to in this provision, or for which is recognised, in accordance with article 2, § 2 or § 3, of the above-mentioned law, the reduction of autonomy required to benefit from the right to the integration allowance or the allowance for assistance to the elderly;
3 ° are either of the children, who, because of physical or mental of at least 66% disability meet the medical conditions to open the right to family allowances which the amount shall be increased in accordance with article 20 of the royal decree of 8 April 1976 establishing arrangements for family benefits for self-employed workers;
4 °, are in a period of disability within the meaning of the royal decree of 20 July 1971 establishing a system of insurance against incapacity for work for self-employed persons.
Continue to be deemed unable to work people in a period of disability above the age of superannuation, as defined in articles 3, § 1, and 16 of the royal decree of 30 January 1997 concerning the pension scheme of the self-employed pursuant to sections 15 and 27 of the law of 26 July 1996 on the modernization of social security and ensuring the viability of statutory pension and article 3 , § 1, 4 °, of the law of 26 July 1996 to achieve the budgetary conditions of the participation of Belgium in EU economic and Monetary Affairs;
5 ° are either widower or widow of one of the beneficiaries referred to under points 1 ° to 4 °;
6 ° are either 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 allocation of income replacement within the meaning of the allowances for disabled persons act of 27 February 1987.
The King shall determine the modalities of practical agenda with a view to the granting of the decrease of contributions referred to in the first subparagraph'.
TITLE VII. -Agriculture single chapter. -Federal Agency for the safety of the food chain Section 1st. -Amendment of the law of 9 December 2004 on the financing of the Federal Agency for the safety of the food chain art.
73. article 3, § 1, of the law of 9 December 2004 on the financing of the Federal Agency for the safety of the food chain, is complemented by 12 °, as follows: "12 ° compensation for services provided to third parties.
S. 74 ÷ section 5 of the Act, as amended by the Act of 21 December 2007, the following changes are made: 1 ° in the § 1, the words ' referred to in article 3, § 1, 3 °» are replaced by the words "referred to in article 3, § 1, 3 ° and 12 °";
2 ° in the Dutch text of § 2, the word «heffingen» is replaced by «retributies»
Section 2. -Amendment of the Act of 21 December 2007 concerning various provisions (I) s. 75. article 34, paragraph 2, of the Act of 21 December 2007 establishing the various (I) provisions, is repealed.
TITLE VIII. -Employment chapter I.
-Accidents at work Section 1st. -Employers in default of insurance art.
76. in article 59, 14 °, of the law of 10 April 1971 on work accidents, inserted by the law of January 25, 1999 and amended by the law of August 10, 2001, the words 'article 60, paragraph 3' shall be replaced by the words 'article 60, paragraph 4.
S. 77. in article 60 of the same Act, as amended by the laws of the August 1, 1985, February 22, 1998, January 25, 1999, August 10, 2001, 22 December 2003 and July 20, 2006, the following subparagraph is inserted between paragraphs 1 and 2: "If the accident is settled by an endorsed agreement between the Fund and the victim or his successors in title. the employer or in default insurance undertaking referred to in paragraph 1 are required to reimburse the Fund on the basis of the elements set out in this agreement endorsed. This is not valid to the extent where the ratified agreement is declared invalid by the judge due to excusable error or fraud or due to violations of these provisions of the Act that are of public order.
Where the Fund made an inexcusable error at the conclusion of the agreement, the judge may restrict the right of recovery of the funds proportionally to this error. ».
S. 78. article 77 shall apply to agreements endorsed from the date of entry into force of this chapter.
Section 2. -Remuneration Moss s. 79. article 80 of the Act is replaced by the following provision: «art.» 80. when the accident resulted in a permanent work incapacity or death of the victim, the indemnity is calculated in what concerns minors and apprentices, on the basic remuneration corresponding to the Professional category to which the victim would have belonged to its majority or at the end of his apprenticeship having boarded a vessel of the same category as that on which it was enlisted.
When, during the period of temporary incapacity for work, a minor becomes major or that the apprenticeship contract ends, the base salary for the calculation of the daily allowance is, from this date, fixed in accordance with the preceding paragraph. ».
CHAPTER II. -Provisions various 1st Section. -Amendment of the Act of 27 December 2006 of the miscellaneous provisions (I) art. 80. in the Act of 27 December 2006 various provisions (I), article 190, § 2, paragraph 2, is hereby repealed.
Section 2. -Amendment of the law of 12 April 1960 on the establishment of a compensation fund internal to the s. diamond sector 81. in article 3A, first subparagraph, of the Act of 12 April 1960 establishing a compensation fund internal 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 the fourth sentence: "the total annual contributions cannot exceed the amount of 5.000.000 euros. ».
S. 82. in the same Act, amended by laws of the July 28, 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, March 23, 1994, 13 February 1998, 26 March 1999 and December 27, 2006, an article 3B is inserted: «art.» 3B. the obligation of assessment, if suspended by the King under section 2A, last paragraph, by a decree deliberated in the Council of Ministers, and the continuation of the mission referred to in articles 2, 2 °, and 3A, are linked in an inseparable way. ».
S. 83. article 26 of the same Act, as amended by laws

of 13 April 1971 and 26 March 1999, is supplemented by the following provision: «3 ° from the day where the fee has been paid unduly, the action of the person liable for payment of contributions against the head of non-repayment of the contribution fund by the Fund. ».
Section 3. -Administrative fines applicable to the sector of the s. Diamond 84. article 1, 13 °, of the administrative fines applicable to certain social law infringements Act of June 30, 1971, is replaced by the following provision: «13 ° a) the rough diamond importer and the employer guilty of violation of the law of 12 April 1960 establishing a compensation fund internal for the sector of the diamond and its orders of execution;
b) natural or legal persons, that have as main or ancillary activity industry or the diamond trade, convicted of offence referred to the a) and its implementation orders. ».
Section 4. -Non-recurring benefits granted to temporary workers article results
85. in the execution of the interprofessional agreement 2007-2008 Act of 21 December 2007, it is inserted an article 6/1, as follows: «art.» 6/1. The provisions of sections III and IV of chapter II shall apply also to the non-recurring benefits granted results, under the same conditions as permanent workers, temporary workers employed by the user.
The user is required to provide to the temporary employment business information needed for compliance with the provisions of this chapter and of the collective labour agreement concluded within the national labour Council laid down in article 4. ».
S. 86. article 11 of the same Act, is supplemented by a paragraph as follows: "for the purposes of article 10 of the Act of 24 July 1987 on temporary work, temporary agency work and the placing of workers at the disposal of users, non-recurring results-related benefits are considered as compensation. ».
S.
87. articles 85 and 86 apply to the benefits paid or allocated from January 1, 2008, on the basis of chapter II of Act of 21 December 2007 on the execution of the interprofessional agreement 2007-2008 and the conditions established by the collective labour agreement concluded within the national labour Council laid down in article 4 of this Act.
CHAPTER III. -Mobility and childcare article supplements (88. in article 7, § 1, paragraph 3, p), paragraph 1, of the Decree-Law of 28 December 1944 on safety social workers, inserted by the programme act of 22 December 2003, and, as last amended, by the programme law of 27 April 2007, 'certain categories of unemployed' shall be replaced by the words 'certain categories of unemployed' and the words 'including older unemployed"are replaced by the words"including the unemployed.
CHAPTER IV. — Provisions supplementing law of 9 May 2008 establishing the accompanying measures with regard to the establishment of an ad hoc group negotiation, a body of representation and procedures relating to the involvement of employees in European cooperative society article 89. the Act of 9 May 2008 establishing the accompanying measures with regard to the establishment of an ad hoc group negotiation, a body of representation and procedures relating to the involvement of employees in European cooperative society is supplemented as follows: 'chapter v - Protection in case of dismissal article.
9. the members of the special negotiating group, the members of the representative body, representatives of workers performing their duties in the context of a procedure for information and consultation and the representatives of workers sitting in the supervisory or administrative organ of an SCE or participating in the General Assembly or the Assembly of section or branch who are employees of the SCE its subsidiaries or establishments or of a participating company, and their replacements, benefit from the system of special dismissal provided by the Act of 19 March 1991 establishing a particular dismissal for staff delegates works councils and committees of safety, hygiene and beautification of workplaces, as well as for the delegates candidates to staff. This special scheme is applicable for any dismissal within a period starting the thirtieth day preceding their appointment and ending on the day on which their mandates end. Chapter VI.
-Monitoring and sanctions art. 10. without prejudice to the powers of the judicial police officers, officials appointed by the King oversee the respect of the provisions relating to the involvement of employees within the SCE.
These managers exercise this supervision in accordance with the provisions of the law of 16 November 1972 concerning the Labour Inspectorate.
S.
11. article 56 of the Act of 5 December 1968 on collective labour agreements and joint committees, amended by the laws of April 23, 1998 and on 10 August 2005, is supplemented by the following paragraph: "with regard to infringements of the provisions of the collective labour agreements made compulsory by royal decree concerning the involvement of employees in the European cooperative society administration, or management bodies referred to in the aforementioned collective labour agreements, shall be assimilated to the employer. ».
S. 12. article 1, 14 °, of the law of 30 June 1971 relating to administrative fines applicable for breach of certain social laws, amended by the laws of April 23, 1998 and on 10 August 2005, shall be supplemented as follows: "in relation to infringements of the provisions of collective agreements of work made compulsory by royal decree on the involvement of workers in the co-operative European. administration, or management bodies referred to in the aforementioned collective labour agreements, shall be assimilated to the employer; ».
S. 13. article 458 of the penal Code is applicable to any member of the special negotiating group, any member of the representative body, to the representatives of workers performing their duties in the context of a procedure for information and consultation, as well as experts appointed, who disclosed confidential information likely to be seriously prejudicial to the company or hinder seriously the functioning of society.
CHAPTER VII.
-Entry into force art. 14. articles 1 to 9 of this Act shall take effect on August 18, 2006. ».
S. 90. This chapter enter into force on the same day that the Act of 9 May 2008 establishing accompanying measures with respect to the institution of a group special negotiating, body representation and procedures relating to the involvement of employees in European cooperative society.
TITLE IX. -Social Affairs chapter I. -Allocations familiales s. 91. article 15 of the consolidated laws of December 19, 1939, relating to family allowances for employed persons, amended by royal on October 25, 1960 and the laws order the April 29, 1996, 10 June 1998 and 12 August 2000, the following subparagraph is added: "the third party referred to in article 36 of the royal decree of November 28, 1969, made pursuant to the law of 27 June 1969 revising the Decree-Law of 28 December 1944 on social security for workers. where he pays all of the remuneration of the worker and is substituted for the employer for the performance of all the obligations relating to the remuneration provided by supra, is order, in place of the employer, subject to the provisions laid down in this article. ».
S. 92. article 68, paragraph 2, same laws, last amended by the programme act of 24 December 2002 and replaced by the law of December 27, 2006, is replaced by the following subparagraphs: ' by way of derogation from the provisions of paragraph 1, where the person referred to in article 69 is in the physical impossibility to receive family benefits that are due. because of what it cannot prove his identity, these are paid, on its behalf, the hands of the contractor. The payment made by the family allowances Agency is legal tender as long as the beneficiary, which is able to prove his identity, not him has not notified in writing its willingness to receive these benefits now directly.
Family benefits are paid by transfer to an account at an institution of credit as defined in article 1 of the law 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 Office art. 93 § 1. In Title X of the Act of 12 August 2000 on social, budgetary and diverse provisions of chapter X, containing the articles 184, replaced by the Act of 22 December 2003, and 185, is repealed.
§ 2. Means of the budgetary funds social Maribel referred to in article 184 available at December 31, 2007 are assigned to the Treasury.
§ 3. In the table annexed to the law of 24 December 1993 creating budgetary funds and amending the organic law of 27 December 1990 creating budgetary funds, the heading 26 Fund budgetary social Maribel is repealed.

S. 94. This chapter is effective January 1, 2008.
TITLE x. - Public health, chapter I.
— Amendment Act of 8 July 1964 on urgent medical aid art. 95. in the law of July 8, 1964 on emergency medical assistance it is inserted an article 3ter, as follows: «art.» 3B. the King sets the terms and conditions in which the races without ambulance transport are paid.
Race without transport, means the movement of an ambulance, under article 5 of this Act, to the whereabouts of the victim or the patient, which however did not place the carriage referred to in that provision. ».
CHAPTER II. -Contributions and contributions on turnover of proprietary medicinal products article 96 A article 191, 15 °, of the law on compulsory health care and benefits, insurance co-ordinated on 14 July 1994, the following changes are made: 1 ° paragraph 4, 1 °, inserted by the Act of June 10, 2006, is supplemented by the words ', as referred to in article 35bis, § 9.
2 ° paragraph 4, 3 °, inserted by the Act of June 10, 2006 and amended by the Act of 27 December 2006, is reported.
3 ° to paragraph 5, 1st sentence, inserted by the Act of June 10, 2006 and amended by the Act of 27 December 2006, 'this exclusion' shall be replaced by the words "these exclusions.
4 ° to paragraph 5, the 2nd sentence, inserted by the Act of June 10, 2006 and amended by the Act of 27 December 2006, shall be deleted;
5 ° to paragraph 6, inserted by the Act of June 10, 2006 and amended by the Act of 27 December 2006, 'this exclusion shall apply' shall be replaced by the words "these exclusions apply", and paragraph is completed with the following sentence: "exclusions referred to in paragraph 4, 1 ° and 2 °, focus on the contributions and contributions that are due from the year 2006. »;
6 ° to subparagraph 7, replaced by the law of 22 February 1998 and amended by the Act of 27 December 2005, the words "or, failing this, by" are replaced by the words "and/or by".
S. 97A article 191bis of the Act, inserted by the Act of June 10, 2006 and replaced by the Act of April 25, 2007, the following changes are made: 1 ° to the paragraph 1, the words '15 ° to 15 ° decies' shall be replaced by the words "15 °, 15 ° c to 15 ° decies ';
2 ° the paragraph 1 is supplemented by the following provision: "the King says however, by Decree deliberated in the Council of Ministers and on the basis of the rules laid down by Community law on State aid, and in particular on the basis of the Community guidelines on State aid to research, development and innovation of 30 December 2006, what are applicants who can actually benefit from the reduction. , and how, in determining what investments in research, development and innovation that are taken into account, and depending on what mode of calculation. »;
3 ° to paragraph 3, the words "total of the» are replaced by the words" in total, for the year concerned, of ", and paragraph is completed with the following words:", counted off increases and interest. "
4 ° paragraph 4 is deleted;
5 ° to 5 former paragraph becoming paragraph 4, the words "give notice on ' are replaced by 'certifies it. '
6 ° in the 6 former, becoming paragraph 5, paragraph 1 sentence is replaced as follows: ' the reduction provided for in this article shall be granted in the year following the fiscal year in which the investments referred to in paragraph 1 has been made, in the form of a reimbursement of a portion of the dues and contributions, provided that the latter. , as well as the increases and interest eventually due, have been paid. »;
7 ° article is supplemented by the following paragraphs: "this reduction applies to the contributions and contributions that are due for the years 2006 to 2011.
All of the reductions granted for one year pursuant to sections 191bis to 191quater, can never be above the total of contributions and contributions referred to in paragraph 1, recorded off increases and interest on arrears, owing for that year. ».
S. 98. article 191ter of the Act, inserted by the Act of June 10, 2006 and amended by the law of December 27, 2006, is replaced as follows: «art.» 191ter. the applicant who qualifies as a small company in accordance with Regulation (EC) No 70/2001 of the Commission of 12 January 2001 on the application of articles 87 and 88 of the EC Treaty to the State aid for small and medium-sized enterprises, and which is liable to pay contributions and contributions that are due under article 191 , paragraph 1, 15 °, 15 ° c to 15 ° decies, and 16 bis °, on the turnover on the Belgian market of drugs listed on the list of reimbursable pharmaceutical specialties, benefited from a reduction if it causes it to make investments in research, development and innovation, and production facilities in the area of medicinal products for human use. The King said, by Decree deliberated in the Council of Ministers and on basis of the rules laid down by Community law on State aid, and in particular on the basis of the Community guidelines on State aid for research, development and innovation of 30 December 2006, what are the investments in research, development and innovation and production facilities which are taken into account, and depending on what mode of calculation.
An envelope is determined for this purpose on an annual basis, whose amount is fixed by a decree deliberated in the Council of Ministers, which is distributed each year between applicants who are eligible in accordance with the provisions of paragraph 1.
This distribution is based on the value of the investments referred to in paragraph 1, which are made by the applicants concerned during the fiscal year following the year for which the contributions and contributions are due.
The reduction provided for in this article can never exceed the total for the year concerned, by the contributions and contributions referred to in paragraph 1, recorded off increases and interest for late payment.
The value of the investments referred to in paragraph 1 according to a report from the management authorities of the applicants concerned shall establish to this end. The Commissioner of the concerned applicant or, failing that, a company auditor appointed by its management body, wrote a report in which it certifies the conformity of the calculation with the provisions of the aforementioned royal decree.
The reduction provided for in this article shall be granted in the year following the fiscal year in which the investments referred to in paragraph 1 has been made, in the form of a reimbursement of a portion of the dues and contributions, provided that recent increases and interest eventually due, have been paid. The King regulates the procedure for the introduction and assessment of the rebate application and deadlines y related.
This reduction applies to the contributions and contributions that are due for the years 2006 to 2011.
All of the reductions granted for one year pursuant to sections 191bis to 191quater, can never be above the total of contributions and contributions referred to in paragraph 1, recorded off increases and interest on arrears, owing for that year. ».
S. 99 article 191quater of the Act, inserted by the Act of June 10, 2006 and amended by the law of December 27, 2006, is replaced as follows: «art.» 191quater. the applicant liable for contributions and contributions that are due under article 191, paragraph 1, 15 °-15 ° c to 15 ° decies and 16 ° bis, on the turnover on the Belgian market of drugs listed on the list of reimbursable pharmaceutical specialties, benefited from a reduction if he shows that he and, where appropriate, all of the companies which are related , reduced real way their expenditures in Belgium for the advertising, promotion, information and marketing for reimbursable pharmaceutical specialties, during the given year 25 p.c. over the year preceding that year. The King says, by a decree deliberated in the Council of Ministers, what are the expenses that are taken into account as such and what method of calculation, and in what assumptions can be considered that there was a real reduction of these. At a minimum, account shall be taken of the following: the total staff costs of all persons who are responsible, wholly or partly, directly or indirectly, as a worker or contract, to visit and provide information to prescribers and pharmacists; all expenditures that are made for individual and collective, written and audiovisual communications in to prescribers and pharmacists; all costs related to the provision of the prescribers of drugs and all other objects that are developed, samples under any form whatsoever, to available to prescribers and pharmacists; all costs to support social and scientific meetings of prescribers and pharmacists, including congresses, exhibitions, conferences and consultation meetings.
In the years following the first year for which the reduction is granted, the applicant will continue

to benefit from a reduction as long as the expenditure referred to in paragraph 1 do not increase above the amount that was spent during the first year where expenses have been reduced by 25 per cent over the previous year.
The reduction provided for in this article amounts to 5 p.c. of the total of the contributions and contributions referred to in paragraph 1 recorded increase and interest, for the year concerned. For the years following the first year for which the reduction is due, this percentage will be increased annually, 5 additional BW for any additional reduction, per year, of at least 5 per cent of expenditure referred to in paragraph 1, compared with the total expenditure for the first year during which the reduction of 25 sq. ft.
compared to the previous fiscal year has been demonstrated.
The percentage of real reduction of expenditure referred to in paragraph 1 according to a report from the management authorities of the applicants concerned shall establish to this end. The Commissioner of the concerned applicant or, failing that, a company auditor appointed by its management body, wrote a report in which it certifies the conformity of the calculation with the provisions of the aforementioned royal decree.
The reduction provided for in this article shall be granted during the second year following the fiscal year in which the expenditure referred to in paragraph 1 were conducted, in the form of a reimbursement of a portion of the dues and contributions, provided that recent increases and interest eventually due, have been paid. The King regulates the procedure for the introduction and assessment of the rebate application and deadlines y related.
This reduction applies to the contributions and contributions that are due for the years 2006 to 2011.
All of the reductions granted for one year pursuant to sections 191bis to 191quater, can never be above the total of contributions and contributions referred to in paragraph 1, recorded off increases and interest on arrears, owing for that year. ».
S.
100. article 6 of the Act of June 10, 2006 reforming contributions on turnover of reimbursable medicinal products, as amended by laws of December 27, 2006-December 21, 2007, is replaced by the following provision: «art.» 6. for contributions and dues in application of article 191, 15 ° g and 15 ° novies of law on compulsory health care and benefits insurance, co-ordinated on 14 July 1994, for the years 2006 and 2007, the refund arising from the application of the exclusions under article 191, 15 °, paragraph 4, of the same law will be made by the Institute to the applicants concerned no later than December 31, 2008.
For contributions and contributions payable pursuant to article 191, 15 ° g and 15 ° novies of the coordinated Act, for the year 2006, reimbursement arising from application of the reductions provided for in articles 191bis, 191ter and 191quater of the same Act, will be made by the Institute to the applicants concerned no later than 31 December 2008.
For contributions and contributions payable pursuant to article 191, 15 ° g and 15 ° novies of the coordinated Act for the year 2007, reimbursement arising from application of the reductions provided for in articles 191bis, 191ter and 191quater of the same Act, will be made by the Institute to the applicants concerned no later than December 31, 2009. ».
CHAPTER III. — Amendment of Act on the protection of the health of consumers in relation to food and other products s. January 24, 1977 101. in Act of 24 January 1977 on the protection of the health of consumers in relation to food and other products, it is inserted an article 22A, worded as follows: «art.» 22A. within the FPS public health, safety of the food chain and the environment, a Committee of experts-Director and committees of experts listed below, are set up composed of the existing experts in support of the Plan national Nutrition and health:-a Committee of experts-Director;
-a Committee for the award of the PNNS-B logo;
-a scientific group on physical activity;
-a scientific group on the reformulation of food products;
-a scientific panel for the feeding of infants and young children;
-a scientific group on the micro-nutrients;
-a scientific panel on undernutrition;
-a scientific panel to investigate dietary habits.
These committees provide advice and doing research, both on their own initiative only at the request of the Minister or of the Chairman of Steering Committee on aspects of the nutrition policy for which the FPS public health, safety of the food chain and environment is responsible. The King determines the method of work, composition and compensation for these committees. ».
CHAPTER IV. -Federal Agency for medicines and for products of Health Section 1.
-Amendment of the law of 25 March 1964 on medicines article 102A article 6, § 1, paragraph 2, of the law of 25 March 1964 on medicines, replaced by the law of 1 May 2006, the following sentences shall be inserted after the first sentence: 'in the cases referred to in section 8, the Minister or his delegate takes however a decision about the application without having requested the opinion of the relevant Committee referred to in paragraph 11. as far as the Belgian State, represented by the Minister or his delegate, does not act as reference Member State. In the case of requests for amendment of the authorisation for the placing on the market, as referred to the § 1 c, paragraph 6, the Minister or his delegate also takes a decision on the application without having requested the opinion of the relevant Committee referred to in article 11, except in the cases determined by the King. ».
S. 103a article 16, §§ 1 and 3, of the Act be replaced by the law of 1 May 2006 and amended by the Act of 27 December 2006, the following changes are made: 1 ° the § 1 is complemented by 3 °, as follows: "3 ° that violates the provisions of article 32 of Regulation (EC) no 1901/2006 of the European Parliament and of the Council of 12 December 2006 on medicinal products for paediatric use and amending Regulation (EEC). No 1768/92, Directive 2001/20/EC, Directive 2001/83/EC and Regulation (EC) No 726/2004 or to the provisions of articles 10, 11, 12 and 13 of Regulation (EC) no 1394/2007 of the European Parliament and of the Council of 13 November 2007 on the innovative therapy medicinal products and amending Directive 2001/83/EC and Regulation (EC) No 726/2004. »;
2 ° § 3 is supplemented by 6 °, as follows: "6 ° person who contravenes the provisions of articles 33, 35 and 46 of Regulation (EC) no 1901/2006 above or to the provisions of articles 3, 4, 6 and 15 of Regulation (EC) no 1394/2007 above.»
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104 ÷ article 15 of the Act, §§ 1, 2 and 3 amended by the laws of 22 December 2003 and 1 May 2006 are repealed.
Section 2. -Modification of the experiments on the human person article Act of May 7, 2004
105a article 2, 4 °, of the experiments on the human act of May 7, 2004, as amended by the law of December 13, 2006, the following changes are made: 1 ° in paragraph 2, "during the preceding year" shall be replaced by the words "annually";
2 ° between paragraphs 2 and 3, two paragraphs worded as follows shall be inserted: 'for the purposes of the preceding paragraph, the Ethics Committee is approved by the Minister for a period of three years, on the basis of the average number of protocols during the three years preceding that during which the approval is given.
The approvals referred to in the preceding paragraph shall enter into force on 1 April of the year during which they are attributed. ».
S. 106. article 105 become effective January 1, 2009.
Ethics committees which, on the date referred to in paragraph 1, are, pursuant to article 2, 4 °, paragraph 2, of the Act of 7 May 2004, empowered to exercise the tasks set out, are approved of right until March 31, 2009.
S.
107. article 26, § 1, of the Act, as amended by the Act of 27 December 2004, is supplemented by a paragraph worded as follows: "articles 14, 14A and 15 of the law of 24 March 1964 on medicines shall apply mutatis mutandis to this law. ».
S. 108. in article 33, § 1, of the Act, '5 to 9', shall be replaced by the words "5 to 10, 12, 17, 19-21, 22, § 2, 24, 25, 27, 28, §§ 1 and 2, 29, § 2 and 32, § 1.» ».
Section 3. -Amendment of the Act of 20 July 2006 concerning the creation and operation of the Federal Agency for drugs and health products section (109a article 4, paragraph 3, 6 ° of the law of 20 July 2006 relating to the creation and operation of the Federal Agency for drugs and health products, the following changes are made: 1 ° f), the words "to the public" are deleted;
2 ° the point is supplemented by a j), as follows: ' j) Act of 6 July 2007 on medically assisted procreation and the destination of supernumerary embryos and gametes, with the exception of articles 4, paragraph 3, 5, 6, paragraph 2, 15, 16, 31, 32, 33, paragraph 2, 44, 66, 67, 68, 71 and 72.» ».
Section 4. -Amendment of the law of July 6, 2007 on medically assisted procreation and the destination of supernumerary embryos and gametes


S. 110. in the July 6, 2007 law on medically assisted procreation and the destination of supernumerary embryos and gametes, a title VI/1 is inserted after article 72, as follows: ' title VI/1. -Control.
S. 72/1. § 1.
Without prejudice to the powers of the officers of the judicial police, the statutory officials of the federal public Service health, food chain safety and environment or the Federal drugs and health products agency and members of staff who are bound by a contract of employment to indeterminate federal public Service or the Federal drugs and health products agency , and which are appointed by the King, exercise control over the compliance with the provisions of this Act and their implementing decrees.
The King may lay down specific rules about the training and qualifications of officials and staff members, referred to in paragraph 1.
§ 2. In view of and within the limits of the exercise of their mission, officials and members of the staff referred to the § 1 have the skills referred to in article 14 of the law of 25 March 1964 on medicines.
Article 14 bis of the same Act shall apply mutatis mutandis.
§ 3. Any person who is directly affected by the application of this Act, is required to provide all information and documents including officials and members of the staff referred to the § 1 need to fulfill their mission.
S. 72/2. The King may, by Decree deliberated in the Council of Ministers, impose a fee to hospitals and hospital associations that operate a centre of fertilization, as well as to third parties who are affected by the use of gametes / embryos for purposes of scientific research, for each intervention that accompanies the control as referred to in this Act, and, in accordance with the rules it can attach.
The proportion between the payments and the interventions referred to in the preceding paragraph must be reasonable.
Payments referred to in paragraph 1 are adapted annually to changes in the index of prices to the consumer of the Kingdom according to the index of the month of September.
The starting index is the month of September preceding the publication in the Moniteur belge of the royal decree laying down the amount of the fee.
The indexed amounts are published in the Moniteur belge and are applicable to payments due from 1 January of the year following that during which the adaptation was made.
».
Section 5. -Modification of the royal decree No 78 of 10 November 1967 on the exercise of the professions of health care s. 111. article 9, § 1, paragraph 1, of the royal decree No. 78 of 10 November 1967 on the exercise of the professions of health care, as amended by the law of 6 April 1995, 25 January 1999 and December 13, 2006, is completed by a phrase, read as follows: «when care was established for pharmacies open to the public. all pharmacies open to the public on the role of guard shall participate in accordance with the rules laid down by the King. ».
Chapter V. - Clinical biology and medical imaging arts. 112A article 59 of the law on compulsory health care and compensation insurance co-ordinated on 14 July 1994, as amended by the laws of August 8, 2000, January 2, 2001, July 19, 2001, 30 December 2001, January 14, 2002, 24 December 2002 and 27 December 2004, the following changes are made: 1 ° 1st paragraph «The King fixed annually by Decree deliberated in Council of Ministers and after receiving the opinion of the general Council» shall be replaced by the words 'The Council general fixed annually after the opinion of the national medical Commission'.
2 ° to paragraph 6, the words 'The King fixed, after notice within ten working days' are replaced by the words 'The general Council fixed, after notice'.
CHAPTER VI. -Amendment of the Act of 6 August 1990 on mutual societies and the national unions of mutual societies art. 113. article 71quater of the law of 6 August 1990 on mutual societies and the national unions of mutual societies, inserted by the Act of March 26, 2007, is replaced by the following provision: «art.» 71quater. § 1. The services referred to in article 27A organized by mutual societies and national unions are dissolved ipso jure from January 1, 2008.
§ 2. The 'incurred but not recorded' provisions, referred to in article 2, 2 °, of the royal decree of 21 October 2002 implementing article 28, § 1, paragraph 2, of the Act of 6 August 1990 on mutual societies and the national unions of mutual societies, which are formed in the services referred to the § 1 at the end of the fiscal year 2007 pursuant to the royal decree supra are entirely in favour of the account of results of fiscal year 2008.
These provisions can no longer be accounted for at the end of the fiscal year 2008.
§ 3. The service accounts referred to in article 27A, which are dissolved of right in application of § 1 are closed permanently on December 31, 2008.
During this closure, yet come into consideration for reimbursement and benefits which are known in January and February of the following financial year are counted as debt.
By way of derogation from article 61, § 3, of the royal decree of 21 October 2002 on the implementation of article 29, §§ 1 and 5, of the law of 6 August 1990 on mutual societies and national unions of mutual societies, open to dues-related claims by members for the "small risks" health care service for self-employed which are not yet levied on March 31, 2009 are credited to the account of fiscal results accountant 2008. ».
S. 114. at section 71quinquies of the Act, inserted by the Act of March 26, 2007, the following changes are made: 1 ° § 3, paragraph 1, is replaced by the following provision: "§ § 3 3» The distribution referred to in paragraph 2 must be in proportion to the duration of the membership to the service concerned, without however taking into account the period prior to 1 January 1993 affiliation. »;
2 ° § 4 is replaced by the following provision: "§ § 4 4» This distribution is carried out by the granting of a sum of money in two payments: 1 ° a first payment to a maximum of 80% of the part of the accounting reserves, reserve fund and residual assets remaining at December 31, 2007, which exceeds 12.5 per cent of expenditures in the fiscal benefits, is executed, as an advance on the targeted distribution to the § 1, no later than December 31, 2008;
2 ° a second payment covering the balance of the accounting reserve, reserve fund and active residual susbsistant at the final closing of the accounts at December 31, 2008, is running not later than December 31, 2009.
By way of derogation from the previous paragraph, the Assembly of a mutuality or national union who finds the amount to be paid to members in accordance with paragraph 1, 1 °, is less than EUR 25, may decide to defer the execution of the payment to the members concerned. In such cases, the amount payable pursuant to paragraph 1, 1 °, is added to that payable pursuant to paragraph 1, 2 °. »;
3 ° article is supplemented by the following paragraph: "§ § 5 5.» The action in respect of individual share of a member in the accounting reserves, reserve funds and the remaining residual assets are prescribed by five years, from the ultimate execution of the second payment date provided for in paragraph 1, 2 °. ».
S. 115. article 114, 1 °, produces its effects on April 27, 2007.
CHAPTER VII. -Amendments to the law on compulsory health care and benefits, insurance co-ordinated on 14 July 1994 - closure of accounts of insurance health care art. 116. article 40, § 5, of the law on compulsory health care and benefits, insurance co-ordinated on 14 July 1994, is repealed.
S. 117 article 196 of the same law, replaced by the royal decree of 12 August 1994 and amended by the law of January 25, 1999 and January 14, 2002, the arrested Royal of 10 April 2000 and 8 April 2003, and the laws of December 22, 2003 and March 1, 2007, is replaced by the following provision: «art.» 196 § 1. At the closing of the accounts, the overall annual budget goal of health care insurance referred to in article 40 § 1, after neutralization of expenditures mentioned in article 197, § 3A, is divided between the general scheme and the scheme for independent workers proportionally to the expenditure for selected benefits, in each of the two health care insurance schemes, in the said closure of accounts.
From 2008, having regard to the establishment of a regime unique healthcare, this division between the general regime and the regime of Independents no longer exists.
The budgetary objective by resulting regime is broken down between insurers based on the percentage of budget.
The proportion of each organization hereinafter insurer budget quota, results from the weighting of two distribution keys: 1. a first key distribution, as a percentage, as consisting of the part of the total actual spending of each agency insurer in annual expenditure of fiscal concerned for all insurers, whose weight is 70 per cent from 2001.
2. a second key distribution, of a normative nature incorporated, in the form of a percentage of

the share of normative expenditures for each insurance fund in the budgetary objective of the regime, whose weight is 30 p.c. from 2001.
From fiscal year 2006 to the closure of the accounts, the key to distribution of a normative nature, in the form of a percentage is used for the calculation of final financial liability laid down in article 196bis, the immediately previous or otherwise used in the final closure of accounts.
From fiscal 2008, for fences of Auditors carried out prior to the calculation of financial responsibility final of 2008, during the closure of the accounts of the single regime, the allocation key nature normative in the form of a percentage is calculated using allocation keys of legislative nature of the general scheme and the scheme for the self-employed established when computing the final financial responsibility laid down in article 196bis, the most immediate prior to 2008 or failing the allocation of normative nature keys used in the final closure of the accounts immediately prior to 2008.
This calculation is performed by adding the distribution keys of a normative nature in proportion to the budgetary objectives of the two schemes of the year 2007.
§ 2.
The method used for the calculation of the key of normative distribution, as well as the characteristics of the parameters to develop with the help of experts nominated by the Council, are fixed by the King on the proposal of the general Council, after receiving the opinion of the Committee of insurance. The general Council tabled this proposal to the Minister, in the course of the year under review. ÷ proposal default method and the characteristics of the parameters used shall continue to apply; for the final of 2006 and 2007 financial responsibility, those used for 2005 remain applicable, notwithstanding the fact that the annual plan expenditures are replaced by spending worked by regime defined in article 196bis, that the normative regime expenditure base is replaced by the nimble budgetary objective defined in article 196bis and that normative allocation key is replaced by the normative key worked.
From the year 2004, only the general Council may, for the calculation of final accountability, adapt the values assigned to the parameters referred to in the first subparagraph, as well as adapting years of reference relating to these parameters.
If the general Council makes no proposal within the period provided for in article 196bis, paragraph 2, the values assigned to the parameters referred to in paragraph 1 after possible previous use of the 2nd paragraph shall continue to apply.
§
3. The King may, by Decree deliberated in the Council of Ministers, and on the advice of the general Council, to increase the weight of the normative allocation up to maximum of 40 BW key.
During the year prior to the increase of the weight of the normative distribution key, the general Council, after opinion of the Committee on insurance, must proceed to the assessment of the importance and the impact of the parameters used as well as the impact of the allocation key normative in all of the distribution of the overall annual budget goal between insurers. ».
S. 118 196bis article as follows shall be inserted in the Act: «art.» 196bis. after the time limit referred to in the following paragraph, it establishes a definitive financial responsibility of insurers.
For the purposes of this section means spending worked, all the expenses for performed services or packages due during a calendar year which are brought to the refund within the time limits provided for in article 174 § 3. Under this paragraph, the King may on the proposal of the general Council provide for a shorter period.
A nimble budgetary objective of the scheme is calculated under worked expenditures, it is called hereafter rendered budgetary objective. The nimble budgetary objective is determined by multiplying the budgetary objective laid down in article 196, § 1, by an adjustment factor. For years prior to 2008, it is budgetary targets for the general scheme and the scheme of the self-employed.
This adjustment is calculated based on the average for the last 3 years known of the quotient between the worked and expenditures of an exercise, retained in the closure of the accounts for the entire health care sector. For a given year, the general Council may increase the number of years taken into account.
This nimble budgetary objective is increased if there is place of the amount of the neutralization of the planned spending in article 197, paragraph 3 retained at the closing of the accounts for the year, adjusted by the adjustment coefficient described in paragraph 4 above.
It is calculated a hereinafter called budget proportion worked budget quota resulting from the weighting of two distribution keys: 1. a first key distribution, in the form of a percentage, consists of the share of expenditure worked each insurance fund in worked expenditures for the year concerned for all insurers, whose weight is identical to that stated in article 196 , § 1 after possible application of § 3 of the same article.
2. a second key distribution, normative nature incorporated, in the form of a percentage of the share of normative expenditures of each agency insurer in the budgetary objective provided whose weight is identical to that mentioned in article 196, § 1 after possible application of § 3 of the same article.
Budgetary objective provided, after the application of paragraph (5), is broken down by body insurer on the basis of the budgetary share performed each calculated above insurance fund and is expressed in amount the proportion of resources worked each insurance fund.
In final, where financial responsibility the nimble budgetary objective, after paragraph 5, is exceeded more of 2 sq. ft.
by worked spending, the deficit for the purposes of the contribution each organization deficit insurer to cover is limited to 2 p.c. of its budgetary unit worked.
Is meant by:-nimble bonus: the proportion of an insurer organization worked resources share exceeding expenditures worked;
-rendered deficit: the share worked, for health benefits, agency insurer exceeding its quota of worked resources.
An insurer organization that closing the calculation of final financial responsibility in nimble bonus, acquires right to the title of the final financial responsibility, part of the nimble boni.
This part of the provided bonus amounts to 25 per cent from the year 2001.
An insurer agency which closes the calculation of final financial liability of nimble deficit, to make the title of the final financial responsibility part of this nimble deficit.
This part of the provided deficit amounts to 25 per cent from the year 2001.
The results obtained by application of the preceding paragraph during the calculation of the final financial responsibility of insurers are compared with the results obtained at the closing of the accounts for the same year by application of article 198; the differences observed are introduced at the level of the reserve fund of the insurers in the closure of the accounts later nearest.
In 2008, the differences described in the preceding paragraph in the general scheme and the scheme of the self-employed for years prior to 2008 are summed and introduced at the level of the reserve fund of the insurers in the 2008 single account closing. ».
S. 119 A section 197 of the Act, replaced by the royal decree of 12 August 1994 and amended by the Act of January 14, 2002, the following changes are made: 1 ° § 3 is supplemented by the following subparagraph: 'the recognition of the existence of expenditure not provided for in the annual budget goal is carried out by the general Council during the emergence of these expenditure.'.
2 ° in § 4, paragraphs 2, 3, 4 and 5 are repealed.
S.
120A section 198 of the Act, replaced by stops it royal August 12, 1994 and amended by the law of 20 December 1995 and 26 March 2007, the following changes are made: 1 ° in § 2, the phrase "this part of the bonus...". 25 sq. ft. » is replaced by the following sentence: "this part of the bonus amounts to 25 per cent from the year 2001. » 2 ° in § 3, the phrase "this part...". 25 sq. ft. » is replaced by the following sentence: "this part amounts to 25 per cent.
from the year 2001. "and in the sentence"this part... for the purposes of this section.
"the words 'for the years 1995... up to 75 sq. ft. » are replaced by the words "75 per cent from the year 2001. ».
3 ° § 4 is repealed.
S. 121a section 199 of the Act, replaced by the royal decree of 12 August 1994 and amended by the law of 20 December 1995, January 25, 1999, December 24, 1999, 22 December 2003 and April 27, 2005, the following changes are made: 1 ° in the § 1, the following subparagraph is inserted between the paragraph 1 and paragraph 2: "in January 1, 2008. the special reserve fund of the single system follows from the addition of the results to the special reserve fund of the general regime and the regime independent from previous years. »;
2 ° to § 2, the first sentence shall be supplemented as follows: "after the differences described in paragraphs 12 and 13 of article 196bis.";
3 ° to § 2, paragraph 7, the words "after implementation of differences".

described in paragraphs 12 and 13 of article 196bis"are inserted after the words" in article 198, § 2, ".
S. 122 articles 116 to 121 shall apply for the first time at the closing of the accounts for the year 2006.
CHAPTER VIII. -Amendments to the law on compulsory insurance health care and benefits, co-ordinated on 14 July 1994, s. 123. in the law on compulsory health care and benefits insurance, co-ordinated on 14 July 1994, it is inserted an article 36duodecies, worded as follows: «art.» 36duodecies the King is, by Decree deliberated in the Council of Ministers, creating a momentum for the General Medical Fund to finance measures aimed at supporting general medicine, which seek to stimulate practitioners to practise or continue an activity of general medicine. Measures may take account of objective characteristics specific same practitioners on the one hand and their practice and characteristics of general medicine from and may inter alia relate to the cost of installation of a general practitioner and activities do not care as is necessary for the management of the practice.
Momentum Fund expenditures are supported from the budget of the compulsory insurance health care and benefits.
The King sets, by Decree deliberated in the Council of Ministers, the modalities of operation of the Fund of pulse.
S.
124. in article 55 of the Act, § 4 is repealed.
S. 125. the royal decree of 15 September 2006 on the establishment of a Fund of impetus for general medicine and laying down its operating procedures, including subsequent amendments, remains in effect until the date of entry into force of the royal decree taken in implementation of article 36duodecies of the law on compulsory insurance health care and benefits, co-ordinated on 14 July 1994. ».
S.
126. in article 37sexies of the law on compulsory health care and insurance benefits, co-ordinated on 14 July 1994, inserted by the law of June 5, 2002 and amended by the laws of the August 22, 2002, 10 September 2002-December 24, 2002, the Royal Decrees of February 2, 2004-March 3, 2004, laws of December 27, 2005-December 27, 2006 and the royal decree of 3 June 2007 article 5 is completed by the phrase Next: "is also considered personal intervention, put supplement dependant of the recipient as a safety margin, as defined in article 35, § 4, and article 35bis, § 4 of the nomenclature of health benefits, provided that compulsory insurance is actually intervened to the benefit for which the margin of safety has been brought into account. '' ».
S. 127. article 126 enter into force July 1, 2008. ».
CHAPTER IX. -Amendment of the Act of 29 April 1996 on the social provisions article
128. article 156bis of the Act of 29 April 1996 on the social provisions, inserted by the law of 24 December 2002, is supplemented by the following paragraph: 'the technical unit may also, in a manner to be determined by the King, coupling the data necessary for the calculation of the normative key referred to in article 196 of the coordinated law 14 July 1994 referred to above. ».
S. 129. the King sets the date of entry into force of article 128.
Chapter x. - Modification of the royal decree No 78 of 10 November 1967 on the exercise of the professions of health care s.
130a article 45quinquies, § 3, 8 °, of the royal decree No 78 of 10 November 1967 on the exercise of the professions of health care, inserted by the law of 13 December 2006 and amended by the Act of March 1, 2007, the words "and the intermutualiste Agency. » are replaced by the words ", the intermutualiste Agency and the Scientific Institute of public health.
S.
131. in the same order, it is inserted an article 45sexies as follows: «art.» 45sexies. § 1. It is established within the Cancer Registry Foundation, an Advisory Committee of users of data from the public utility Foundation's Cancer Registry, (hereinafter "the Advisory Committee of users").
§ 2. This Committee of users has for missions: 1 ° the supervision and evaluation of the qualitative and quantitative aspects of the registration of cancers, 2 ° formulating proposals to the Foundation Cancer Registry to optimize the recording and analysis of data, 3 ° evaluation of scientific reports by the Cancer Registry Foundation, in the context of the cancer registry-related tasks which are entrusted by the competent authorities or recognized international organizations, 4 ° assessment of the admissibility of requests that are made to the Cancer Registry Foundation in the context of the objectives and missions of the and expression of opinion in the Cancer Registry Foundation terms of priority requests when they should be included in the operational plan of the Foundation 5 ° the organisation of dialogue on cancer research carried out on the basis of data from the cancer registry.
§ 3. The tasks of the Advisory Committee of users can be extended by the King.
The composition and functioning of the Advisory Committee of users are set by the King.
CHAPTER XI. -Amendments to the Act of April 21, 2007, designating the representatives of the nursing home to nursing conventions - insurers Arts Commission 132. in article 4, § 5, of the Act of April 21, 2007, designating the representatives of the nursing home to nursing conventions - insurers Commission, paragraph 1 is replaced by the following: "the King shall designate the officials who will verify, at the headquarters of the professional association that wishes to be recognised as representative, if the conditions laid down in paragraph 2 are met. ».
S. 133 ÷ article 6 of the Act, the words "no later than 12 months after its publication in the Moniteur belge" are replaced by "not later than December 31, 2009.
TITLE XI. -Justice Chapter 1. -Changes of the Code of criminal investigation article 134. in article 216quater, § 2, paragraph 1, of the Code of criminal procedure, replaced by the law of April 13, 2005, the second sentence beginning with the words "÷ defect", and ending with the words 'not applicable. "is repealed.
S. 135. in book II, title VII of the Code, the title of Chapter VI is replaced by the following: ' chapter VI '. -Special provisions' s. 136. in the same Code, it is inserted an article 645, worded as follows: «art.» 645. the police officers, heads of penitentiary institutions and representatives of the heads of penitentiary institutions can be loaded by the Crown, like the bailiffs of justice, but free of charge, of the meaning or notification of all judicial acts enforcement. ».
CHAPTER II. -Changes to the treatment of certain public office holders Act of August 2, 1974, of Ministers of recognized religions, and delegates of the central Council secular art. 137. in articles 26bis and 35, paragraph 1, of the law of 2 August 1974 relating to treatment of holders of some public, Ministers of recognized religions functions and delegates of the central lay Council, inserted by the law of 27 December 2004 and amended by the law of 11 July 2005, '301' is replaced by the figure '341 '.
S. 138. in the same Act inserted an article 36, as follows: «art.» 36. in accordance with sections 26 to 29 bis recognized places of the framework laid down by the King on the proposal of the Minister of Justice may be occupied by Ministers of cults to a maximum of 50 per cent or 100 per cent of the salary scales set out in those articles.
In cases of overlapping becoming a recognized place, the maximum salary that can be granted to Ministers of religion in the context of the application of sections 26 to 29 bis is limited to 150 percent of the salary scales set out in those articles. ».
CHAPTER III. -Granting of subsidies to the Buddhist Union Belgian art. 139. a subsidy is granted to the association without purpose profit "Buddhist Belgian Union», headquartered at 1000 Brussels, Avenue of the forest, 117/7 to the structuring of Buddhism in Belgium, whose arrangements for operating and staffing costs are laid down by the King.
The sums necessary to face are registered annually to the budget of the FPS Justice.
CHAPTER IV. -Amendment of the law of 15 May 2006 amending the Act of 8 April 1965 the youth protection, the Code of criminal procedure, the penal Code, the civil Code, the new municipal law and the law of April 24, 2003 reforming adoption article 140. in article 28 of the Act of 15 May 2006 amending the law of 8 April 1965 on the protection of youth, the Code of criminal procedure, penal Code, the civil Code, the new municipal law and the law of April 24, 2003 reforming the adoption, the words "January 1, 2009" are replaced by the words "January 1, 2011.
CHAPTER V.
-Amendments to the law of July 10, 2006 on the procedure by electronic arts.
141. in article 39 of the law of July 10, 2006 on the procedure by electronic means, paragraph 2 is replaced by the following: "sections 2 to 38 shall enter into force no later than January 1, 2011.".
CHAPTER VI. -Modification of the royal decree of 27 April 2007

general settlement of the costs of justice in criminal matters article
142. in article 97 of the royal decree of 27 April 2007 on the general regulation for legal enforcement costs, paragraph 2 is repealed.
TITLE XII. -Inside Chapter 1.
-Article ID cards 143. in article 6, § 1, of the law of 19 July 1991 on the registers of the population, identification cards, cards of alien and the residence documents and amending the law of 8 August 1983 organising a national register of natural persons, two paragraphs worded as follows shall be inserted between paragraphs 1 and 2: "the identity card the Belgian subject to a cancellation of the registers of the population for departure abroad remains valid for. the duration you specify on the map both abroad only if the holder is to settle in Belgium.
Consular Office of career or honorary consular post designated by the King shall issue to the Belgians entered in consular registers of the population in accordance with the law of June 26, 2002 on consular of the population registers and identity cards, an identity card similar to the identification referred to in this Act. This identity card remains valid for the time specified on the card if its holder inscribed in the registers of the population of a Belgian municipality. ».
S. 144. article 7 of Act of 26 June 2002 on consular population registers and identity cards is replaced by the following: «art.» 7 § 1. Any Belgian 12 years made and entered in consular registers of the population of a Belgian consular post as referred to in article 2, is issued an identity card identical to the identity card referred to in the Act of 19 July 1991 on the registers of the population, identification cards, foreign cards and residence documents and amending the Act of 8 August 1983 organising a national register of natural persons.
The identity card is issued by consular career or honorary consular office designated by the King.
§ 2. Map of identity issued by a municipality under the law of 19 July 1991 on the registers of the population, identification cards, cards of alien and the residence documents and amending the Act of 8 August 1983 organising a national register of natural persons, remains valid for the time specified on the card if the holder notifies the municipality that he went to settle abroad and was enrolled in the consular of a population registers consular post.
The identity card issued by a Belgian consular post in application of § 1 remain valid for the duration you specify on the map if the holder is entered in consular registers of the population of another consular post or a Belgian municipality population registers.
§ 3. If an arrest warrant or any other order or judicial deprivation of freedom has taken against the applicant or if he is the subject of a search order or if it enjoys a measure of provisional or conditional release with a ban on travelling abroad, the identity card cannot be issued after formal approval of the Minister for Foreign Affairs. ».
S. 145. the King sets the date of entry into force of article 143.
The King sets the date of entry into force of §§ 1 and 2 of article 7 of the law of 26 June 2002 on consular population registers and identity cards, replaced by article 144.
CHAPTER II. -Amendment of the Act of 7 December 1998 organizing an integrated police service structured two-tier art. 146. in title VIII, chapter I, of the Act of 7 December 1998 organizing an integrated police service structured on two levels, it is inserted a Section 4, with article 247quinquies, worded as follows: "Section 4. -The secretariat of the integrated police, structured at two levels s. 247quinquies. by way of derogation from article 149septies, the function of Director-Head of Department of the secretariat of the integrated police, structured on two levels, is also open to members of the staff of the operational framework for the first appointment to this function.
The Member of the staff of the operational framework eventually appointed to this function maintains its status.
».
CHAPTER III. -Safety and Prevention - amendments to the law of 15 May 2007 on the establishment of the function of guardian of peace, the creation of a service of peacekeepers and the amendment to article 119 bis of the new Municipal Act s. 147. article 2 of the Act of 15 May 2007 on the establishment of the function of guardian of peace, the creation of the service of the guardians of the peace and the amendment of article 119bis of the new municipal law is replaced by the following: «art.» 2. the municipality which employs people to exercise any activity referred to in article 3, § 1, hereinafter referred to as the common Organizer, created by decision of the Municipal Council, "guardians of the peace service.
This service may include: 1 ° of persons directly engaged by the joint organising;
2 ° of the persons at the disposal of the joint organising through a local agency for employment or the intervention of a legal person, it creates.
The joint organising concludes with the local agency for employment or the legal person created an agreement specifying the procedures of the disposal of the persons referred to in article 2, 2 °.
This convention includes people made available part of the guardians of the peace service and that the provisions of this Act apply to them directly. ».
S. 148. at section 3 of the Act, the following amendments are made: 1 ° paragraph 1 becomes the § 1;
2 ° to the § 1, 4 °, the words "or the finding of infringements in communal fee regulations" shall be deleted;
3 ° article is supplemented by subsection 2 worded as follows: ' ' § § 2 2 The Municipal Council may also entrust to this service the finding of infringements in communal fee regulations. ».
S. (149. in article 4, paragraph 1, of the Act, the following amendments are made: a) to the 1 ° 'activities referred to in article 3, 1 ° to 4 °' shall be replaced by the words "activities referred to in article 3, § 1, 1 ° to 4 ° or § 2 ';
(b) to 2 °, 'activity referred to in article 3, 5 °' shall be replaced by the words "activity referred to in article 3, § 1, 5 °.
S. 150. in article 7, § 1, of the Act, the following amendments are made: 1 ° to the paragraph 1, the words «activities such as referred to in article 3, 1 °, 2 °, 3 ° or 5 °» are replaced by the words "activities such as referred to in article 3, § 1, 1 °, 2 °, 3 ° or 5 °";
2 ° in paragraph 2, 'activities as referred to in article 3, 4 °' shall be replaced by the words "activities such as referred to in article 3, § 1, 4 ° or § 2.
S. 151. at article 10 of the Act, the following amendments are made: 1 ° in the paragraph 1, the words "regional administration and provincial schools" are inserted between the words ' provided by ' and the words ' training organizations ";
2 ° in paragraph 2, the words "the person must pass the tests of basic training which includes at least the following subjects:" are replaced by the words "the person concerned must follow basic training which includes at least the following subjects:
S. 152. in article 14, paragraph 3, of the Act, the words "the activity referred to in article 3, 3 °" are replaced by the words "the activity referred to in article 3, § 1, 3 ° '.
S. 153. under section 18 of the Act, the following amendments are made: 1 ° in the paragraph 1, the words 'The activities referred to in article 3' shall be replaced by the words "the activities referred to in article 3, § 1.
2 ° in the paragraph 1, 2 °, 'the activities referred to in article 3, 3 °, 4 ° and 5 °' shall be replaced by the words "the activities referred to in article 3, § 1, 3 °, 4 ° and 5 °.
S. 154. in article 19 of the same Act, 'referred to in article 3' shall be replaced by the words "referred to in article 3 § 1» and the words 'six months' are replaced by the words 'eighteen months '.
S. 155. article 20 of the Act is replaced by the following: «art.»
20 § 1. The peacekeepers must meet the conditions of training laid down in article 8, paragraph 1, 7 °, no later than one year after the first designation of the organization which provides training in the language of the person concerned, in accordance with article 10, paragraph 3.
§ 2. People who exercise the activities referred to in article 3, § 1, 1 °, 2 °, 3 ° or 5 °, before the entry into force of the Act may be instituted as a guardian of the peace provided: 1 ° do not have suffered after January 1, 2007, conviction referred to in article 8, paragraph 1, 2 °, or having committed after that date , of the facts referred to in article 8, paragraph 1, 3 °;
2 ° exercise of activities as referred to in article 8, paragraph 1, 5 °, on the date of establishment of the service of the guardians of the peace.
3 ° comply with the conditions laid down in the § 1.
§ 3. Persons who perform activities such as referred to in article 3, § 1, 4 °, before the entry into force of the Act, must satisfy the minimum conditions referred to in § 2 and article 8, paragraph 1, 8 °. ».

CHAPTER IV. -Safety calendar art. 156a article 21 of the law of 15 May 2007

on civil security, the following changes are made: 1 ° the words "province or" are inserted between the words "administrative and operational structures minimum that» and the words 'the area taking place."
2 ° the word 'requisition' is replaced by the word "appeals".
S. 157. article 224, paragraph 2, of the Act is replaced by the following: 'The King shall determine the date of entry into force of the other sections.'.
TITLE XIII. -Public enterprises chapter UNIQUE. -Establishment of a system of non-recurring benefits related to autonomous public undertakings Section 1 results.
-Mechanism general s. 158. This chapter is applicable to organizations classified as autonomous public undertakings by article 1, § 4, of the Act of 21 March 1991 on the reform of some economic public companies. With regard to these companies under public law, the notion of workers, within the meaning of this chapter, includes their staff members employed under status as well as under contract of employment.
S. 159. for the purposes of this chapter, is meant by non-recurring results-related benefits: the benefits related to the collective results of a company or a group of undertakings, or a well-defined group of workers, on the basis of objective criteria. These benefits depend on achieving clearly balisables, transparent, definable, measurable and verifiable objectives, excluding individual goals and objectives which are clearly some at the time of the introduction of a system of performance-related benefits.
S. 160. the one-time benefits of the results are established in accordance with the procedures, terms and conditions established by this chapter and by a royal decree deliberated in the Council of Ministers.
S. 161. each autonomous public company can take the initiative to introduce non-recurring results-related benefits via a collective labour agreement or a settlement approved by the joint commission of the company in accordance with the provisions of articles 34 and 35 of the Act of 21 March 1991 on the reform of some economic public companies.
S. 162 § 1. For the purposes of this chapter, the one-time benefits of results cannot replace or convert wages, bonuses, benefits in kind or whatsoever or complements to all the above, provided in individual or collective agreements that they are subject or not to social security contributions.
§ 2. Notwithstanding what is provided in the § 1, the non-recurring benefits results can override an existing system benefits linked to results in accordance with the procedure, to the terms and conditions laid down in the royal decree deliberated in the Council of Ministers pursuant to article 160.
Section 2. -Treatment in social law of the non-recurring results article benefits
163. the one-time benefits of the results provided in accordance with this chapter, give up to the ceiling laid down in article 38, § 3novies of the law of 29 June 1981 laying down the General principles of social security for employed persons, no law except their payment by the employer.
S. 164. at the time for the payment of non-recurring results-related benefits, the worker receives an information sheet complies with the obligations laid down by the royal decree No 5 of 23 October 1978 relating to the keeping of social documents and decrees for the implementation of this royal decree relating to the individual account.
S. 165. article 23, paragraph 2, third sentence, of the Act of 29 June 1981 laying down the General principles of social security for employed persons, is replaced by the following provision: "the advantages referred to in chapter II of the Act of 21 December 2007 on the execution of the interprofessional agreement 2007-2008 as well as in Title XIII, single chapter"Setting up a system of benefits of non-recurring results for public enterprises autonomous"Act of July 24, 2008. provisions various (I) are excluded from the notion of pay to a maximum of the amount determined in article 38, § 3novies. ».
S. 166. in article 14 of the law of 27 June 1969 revising the Decree-Law of 28 December 1944 on social security for workers, § 3, inserted by the Act of 21 December 2007, is replaced by the following provision: "§ § 3 3» The benefits referred to in chapter II of the Act of 21 December 2007 on the execution of the interprofessional agreement 2007-2008 as well as in Title XIII, single chapter "Setting up a system of benefits of non-recurring results for public enterprises autonomous" of the law of 24 July 2008 provisions various (I) are excluded from the concept of compensation up to the amount set in article 38 , § 3novies of the law of 29 June 1981 laying down the General principles of social security for employed persons. ».
S. 167. article 38, § 3novies, paragraph 1, of the law of 29 June 1981 laying down the General principles of social security for employed persons, inserted by the Act of 21 December 2007, is replaced by the following provision: "§ 3novies." A special 33% contribution is due by the employer on the amount of the one-time benefits of the results provided in accordance with chapter II of the Act of 21 December 2007 on the interprofessional agreement 2007-2008 as well as execution of title XIII, chapter "implementation of a system non-recurring benefit related to results for the autonomous public enterprises" of the law of July 24, 2008 various provisions (I) up to a ceiling 2,200 euros per year calendar per worker for each employer who occupies it. ».
S. 168. article 35A of the Act of 10 April 1971 on accidents at work, inserted by the Act of 21 December 2007, is replaced by the following provision: «art.» 35A. for the purposes of this Act, are not considered as of the pay the one-time benefits of the results provided to the workers in accordance with chapter II of the Act of 21 December 2007 on the interprofessional agreement 2007-2008 as well as execution of title XIII, chapter "implementation of a system non-recurring benefit related to the results for autonomous public companies ' Act of 24 July 2008 laying of miscellaneous provisions (I) to competition of the ceiling provided for in article 38, § 3novies of the law of 29 June 1981.
».
Section 3. -Tax treatment of the non-recurring results article benefits 169. article 38, § 1, paragraph 1, 24 °, of the income tax Code 1992, amended by law of December 21, 2007, is replaced by the following provision: «24 ° up to an annual amount not exceeding the ceiling provided for in article 38, § 3novies of the law of 29 June 1981 laying down the General principles of social security for employed persons. , the one-time benefits of the results paid or allocated pursuant to chapter II of the Act of 21 December 2007 concerning the execution of the interprofessional agreement 2007-2008 as well as of title XIII, chapter "implementation of a system non-recurring benefit related to the results for autonomous public companies ' Act of July 24, 2008 various (I) provisions and which are effectively subject to the special contribution provided for in the same section of the Act June 29, 1981, supra. ».
S. 170. article 52, 9 °, of the same Code, as amended by the Act of 21 December 2007, is replaced by the following provision: «9 ° the one-time benefits of the results paid or allocated pursuant to chapter II of the Act of 21 December 2007 concerning the execution of the interprofessional agreement 2007-2008 as well as of title XIII, chapter single 'establishment of a system of non-recurring benefits to results for public companies autonomous"Act of 24 July. 2008 relating to the various (I) provisions and are effectively subject to the special premium provided for in article 38, § 3novies of the law of 29 June 1981 laying down the General principles of social security for employed persons. ».
Section 4. -Entry into force art. 171. This chapter applies to benefits paid or allocated from January 1, 2008, on the basis of this chapter and in accordance with the procedure, to the terms and conditions laid down in the royal decree deliberated in the Council of Ministers pursuant to article 160.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, July 24, 2008 by King ALBERT: the Prime Minister, Y. LETERME the Minister of finance, D. REYNDERS for the Minister of Social Affairs and public health, absent: the Minister of Social Integration, Pensions and large cities, Ms. M. ARENA, the Minister of the Interior, P. DEWAEL the Minister of Justice, J. VANDEURZEN the Minister of employment , Ms. J. MILQUET for the Minister of affairs foreign, absent: the Minister of the Interior, P. DEWAEL the Minister for SMEs, the self-employed, Agriculture and science policy, Ms. S. LARUELLE Minister energy, P. MAGNETTE Minister of public enterprises, I. VERVOTTE the Minister for the enterprise and Simplification, V.

VAN QUICKENBORNE the Secretary of State for the Budget, M. WATHELET Scellé of the seal of the State: the Minister of Justice, J. VANDEURZEN _ Note (1) records of the House of representatives: 2008-2007-52-1200: 001: Bill.
002 to 007: amendments.
008 to 011: reports.
012 and 013: amendments.
014-017: reports.
018: Text adopted by the committees.
019: Amendments.
020: Text adopted in plenary meeting and transmitted to the Senate.
Full report: July 3, 2008.
The Senate documents: 4 - 845 - 2007/2008: No. 1: project referred by the Senate.
2 to 5: reports.
No. 6: Decision not to amend.
Annals of the Senate: 10 and July 14, 2008.