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Law On The Miscellaneous Provisions (I) (1)

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

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belgiquelex.be - Carrefour Bank of Legislation

8 JUIN 2008. - Miscellaneous Provisions Act (I) (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
PART Ier. - General provision
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
PART II. - Finance
CHAPTER Ier. - Confirmation of a royal decree pursuant to section 109, paragraph 3, of the Value Added Tax Code
Art. 2. The Royal Order of December 21, 2006 amending the Value Added Tax Code is confirmed with effect to 1er January 2007, date of its entry into force.
CHAPTER II. - Cases
Art. 3. In Article 415 of the Program Law of 27 December 2004, § 1erthe last paragraph shall be replaced by the following:
"It is considered to be "determined to be used as fuel or fuel", the products of which the producer or consignee may presume, until proven otherwise, that they are intended for this purpose. »
Art. 4. Article 418, § 1erthe following amendments are made to the Act:
1° in the first paragraph, the words "planned by" are replaced by the words "of chapter II. - Production, transformation and detention and chapter III. - Circulation
2° the last paragraph is replaced by the following:
"It is considered to be "determined to be used as fuel or fuel", the products of which the producer or consignee may presume, until proven otherwise, that they are intended for this purpose. »;
3° § 1er is supplemented by a paragraph that reads as follows:
"For the purposes of paragraph 1er, c), means "commercial bulk movement", the transport of unpackaged products in containers that are an integral part of the means of transport (tank-vehicle, tank-car, tank-boat, or other means of transport assimilated) or in ISO tanks. It is assimilated the transport of unpacked products in other containers exceeding a volume of 210 litres. »
Art. 5. Section 419 of the Act, as amended by the Acts of 27 December 2005, 10 June 2006, 7 December 2006 and 25 February 2007 and Royal Decrees of 14 September 2007 and 29 November 2007, is replaced as follows:
"Art. 419. When they are put to consumption in the country, the following electricity and energy products are subject to an excise rate, as follows:
(a) leaded petrol under NC 2710 11 31, 2710 11 51 and 2710 11 59:
- excise fee: EUR 245,4146 per 1,000 litres at 15 °C;
- special excise fee: 363.6238 EUR per 1,000 litres at 15 °C;
- energy contribution: 28.6317 EUR per 1,000 litres at 15 °C;
(b) unleaded petrol under NC 2710 11 49:
(i) high sulphur and/or aromatic content:
- excise fee: EUR 245,4146 per 1,000 litres at 15 °C;
- special excise fee: 363.6238 EUR per 1,000 litres at 15 °C;
- energy contribution: 28.6317 EUR per 1,000 litres at 15 °C;
(ii)* with low sulphur and aromatic content:
- excise fee: EUR 245,4146 per 1,000 litres at 15 °C;
- special excise fee: EUR 348.6238 per 1,000 litres at 15 °C;
- energy contribution: 28.6317 EUR per 1,000 litres at 15 °C;
* with low sulphur and aromatic content, supplemented to a minimum of 7% vol of bioethanol under NC 2207 10 00 of a volumic alcoometric title of at least 99% vol, pure or in the form of EETBE under NC 2909 19 00, and not of synthetic origin:
- excise fee: EUR 245,4146 per 1,000 litres at 15 °C;
- special excise fee: EUR 305,0369 per 1,000 litres at 15 °C;
- energy contribution: 28.6317 EUR per 1,000 litres at 15 °C;
(c) unleaded petrol under NC 2710 11 41 and 2710 11 45:
(i) not mixed:
- excise fee: EUR 245,4146 per 1,000 litres at 15 °C;
- special excise fee: EUR 348.6238 per 1,000 litres at 15 °C;
- energy contribution: 28.6317 EUR per 1,000 litres at 15 °C;
(ii) supplemented to not less than 7% vol of bioethanol under NC 2207 10 00 of a volumic alcoometric title of not less than 99% vol, pure or in the form of EBT under NC 2909 19 00, and not of synthetic origin:
- excise fee: EUR 245,4146 per 1,000 litres at 15 °C;
- special excise fee: EUR 305,0369 per 1,000 litres at 15 °C;
- energy contribution: 28.6317 EUR per 1,000 litres at 15 °C;
(d) lamping oil in NC 2710 19 21 and 2710 19 25:
(i) used as fuel:
- excise fee: EUR 294.9933 per 1,000 litres at 15 °C;
- special excise fee: 256,8177 EUR per 1,000 litres at 15 °C;
- energy contribution: 28.6317 EUR per 1,000 litres at 15 °C;
(ii) used as fuel for industrial and commercial uses:
* large consumer enterprises with agreement or environmental permit (exclusively for use under Article 420, § 4, (a) and (b)):
- excise fee: EUR 0 per 1,000 liters at 15 °C;
- special excise fee: EUR 0 per 1,000 litres at 15 °C;
- Energy contribution: EUR 0 per 1,000 litres at 15 °C;
* companies with agreement or environmental permit (exclusively for uses provided for in Article 420, § 4, (a) and (b)):
- excise fee: 9,2960 EUR per 1,000 liters at 15 °C;
- special excise fee: 1,2040 EUR per 1,000 litres at 15 °C;
- Energy contribution: EUR 0 per 1,000 litres at 15 °C;
* Other:
- excise fee: EUR 18.5920 per 1,000 liters at 15 °C;
- special excise fee: EUR 2.4080 per 1,000 litres at 15 °C;
- Energy contribution: EUR 0 per 1,000 litres at 15 °C;
(iii) used as fuel:
professional consumption:
* large consumer companies with environmental agreement or permit:
- excise fee: EUR 0 per 1,000 liters at 15 °C;
- special excise fee: EUR 0 per 1,000 litres at 15 °C;
- Energy contribution: EUR 0 per 1,000 litres at 15 °C;
* companies with agreement or environmental permit:
- excise fee: EUR 0 per 1,000 liters at 15 °C;
- special excise fee: EUR 0 per 1,000 litres at 15 °C;
- Energy contribution: EUR 8.9738 per 1,000 litres at 15 °C;
* other companies:
- excise fee: EUR 0 per 1,000 liters at 15 °C;
- special excise fee: EUR 0 per 1,000 litres at 15 °C;
- Energy contribution: EUR 17.9475 per 1,000 litres at 15 °C;
non-professional consumption:
- excise fee: EUR 0 per 1,000 liters at 15 °C;
- special excise fee: EUR 0 per 1,000 litres at 15 °C;
- Energy contribution: EUR 17.9475 per 1,000 litres at 15 °C;
(e) diesel fuel in NC codes 2710 19 41, 2710 19 45 and 2710 19 49 with a sulphur weight content exceeding 10 mg/kg:
(i) used as fuel:
- excise fee: EUR 198.3148 per 1,000 litres at 15 °C;
- special excise fee: 119,7063 EUR per 1,000 litres at 15 °C;
- energy contribution: 14,8736 EUR per 1,000 litres at 15 °C;
(ii) used as fuel for industrial and commercial uses:
* large consumer enterprises with agreement or environmental permit (exclusively for the uses provided for in Article 420, § 4, (a) and (b)):
- excise fee: EUR 0 per 1,000 liters at 15 °C;
- special excise fee: EUR 0 per 1,000 litres at 15 °C;
- Energy contribution: EUR 0 per 1,000 litres at 15 °C;
* companies with agreement or environmental permit (exclusively for uses provided for in Article 420, § 4, (a) and (b)):
- excise fee: 9,2960 EUR per 1,000 liters at 15 °C;
- special excise fee: 1,2040 EUR per 1,000 litres at 15 °C;
- Energy contribution: EUR 0 per 1,000 litres at 15 °C;
* Other:
- excise fee: EUR 18.5920 per 1,000 liters at 15 °C;
- special excise fee: EUR 2.4080 per 1,000 litres at 15 °C;
- Energy contribution: EUR 0 per 1,000 litres at 15 °C;
(iii) used as fuel:
professional consumption:
* large consumer companies with environmental agreement or permit:
- excise fee: EUR 0 per 1,000 liters at 15 °C;
- special excise fee: EUR 0 per 1,000 litres at 15 °C;
- control fee: EUR 0 per 1,000 litres at 15 °C;
- Energy contribution: EUR 0 per 1,000 litres at 15 °C;
* companies with agreement or environmental permit:
- excise fee: EUR 0 per 1,000 liters at 15 °C;
- special excise fee: EUR 0 per 1,000 litres at 15 °C;
- control fee: EUR 5 per 1,000 litres at 15 °C;
- Energy contribution: EUR 4.2427 per 1,000 litres at 15 °C;
* other companies:
- excise fee: EUR 0 per 1,000 liters at 15 °C;
- special excise fee: EUR 0 per 1,000 litres at 15 °C;
- control fee: EUR 10 per 1,000 litres at 15 °C;
- Energy contribution: EUR 8.4854 per 1,000 litres at 15 °C;
non-professional consumption:
- excise fee: EUR 0 per 1,000 liters at 15 °C;
- special excise fee: EUR 0 per 1,000 litres at 15 °C;
- control fee: EUR 10 per 1,000 litres at 15 °C;
- Energy contribution: EUR 8.4854 per 1,000 litres at 15 °C;
(f) gasoil of code NC 2710 19 41 of a sulphur content not exceeding 10 mg/kg:
(i) used as fuel:
* not mixed
- excise fee: EUR 198.3148 per 1,000 litres at 15 °C;
- special excise fee: 104,7063 EUR per 1,000 litres at 15 °C;
- Energy contribution: EUR 14.836 per 1,000 litres at 15 °C;
* completed up to at least 5% EMAG flight under NC 3824 90 99 and corresponding to NBN-EN 14214:
- excise fee: EUR 198.3148 per 1,000 litres at 15 °C;
- special excise fee: 88,8116 EUR per 1,000 litres at 15 °C;
- Energy contribution: EUR 14.836 per 1,000 litres at 15 °C;
(ii) used as fuel for industrial and commercial uses:
* large consumer enterprises with agreement or environmental permit (exclusively for the uses provided for in Article 420, § 4, (a) and (b)):
- excise fee: EUR 0 per 1,000 liters at 15 °C;
- special excise fee: EUR 0 per 1,000 litres at 15 °C;
- Energy contribution: EUR 0 per 1,000 litres at 15 °C;
* companies with agreement or environmental permit (exclusively for uses provided for in Article 420, § 4, (a) and (b)):
- excise fee: 9,2960 EUR per 1,000 liters at 15 °C;
- special excise fee: 1,2040 EUR per 1,000 litres at 15 °C;
- Energy contribution: EUR 0 per 1,000 litres at 15 °C;
* Other:
- excise fee: EUR 18.5920 per 1,000 liters at 15 °C;
- special excise fee: EUR 2.4080 per 1,000 litres at 15 °C;
- Energy contribution: EUR 0 per 1,000 litres at 15 °C;
(iii) used as fuel:
professional consumption:
* large consumer companies with environmental agreement or permit:
- excise fee: EUR 0 per 1,000 liters at 15 °C;
- special excise fee: EUR 0 per 1,000 litres at 15 °C;
- control fee: EUR 0 per 1,000 litres at 15 °C;
- Energy contribution: EUR 0 per 1,000 litres at 15 °C;
* companies with agreement or environmental permit:
- excise fee: EUR 0 per 1,000 liters at 15 °C;
- special excise fee: EUR 0 per 1,000 litres at 15 °C;
- control fee: EUR 5 per 1,000 litres at 15 °C;
- Energy contribution: EUR 3.5511 per 1,000 litres at 15 °C;
* other companies:
- excise fee: EUR 0 per 1,000 liters at 15 °C;
- special excise fee: EUR 0 per 1,000 litres at 15 °C;
- control fee: EUR 10 per 1,000 litres at 15 °C;
- Energy contribution: EUR 7,1022 per 1,000 litres at 15 °C;
non-professional consumption:
- excise fee: EUR 0 per 1,000 liters at 15 °C;
- special excise fee: EUR 0 per 1,000 litres at 15 °C;
- control fee: EUR 10 per 1,000 litres at 15 °C;
- Energy contribution: EUR 7,1022 per 1,000 litres at 15 °C;
The entry into force of a rate of EUR 5.7190 per 1,000 liters at 15°C for the energy contribution can be fixed by a royal decree deliberated in the Council of Ministers.
(g) heavy fuel under NC 2710 19 61 to 2710 19 69:
professional consumption:
* large consumer companies with environmental agreement or permit (excluding consumption to produce electricity):
- excise fee: EUR 0 per 1,000 kg;
- special excise fee: EUR 0 per 1,000 kg;
- energy contribution: EUR 0 per 1,000 kg;
* companies with agreement or environmental permit (excluding consumption to produce electricity):
- excise fee: EUR 6.50 per 1,000 kg;
- special excise fee: EUR 1 per 1,000 kg;
- energy contribution: EUR 0 per 1,000 kg;
* other companies (excluding consumption to produce electricity):
- excise fee: EUR 13 per 1,000 kg;
- special excise fee: EUR 2 per 1,000 kg;
- energy contribution: EUR 0 per 1,000 kg;
* consumption to produce electricity:
- excise fee: EUR 13 per 1,000 kg;
- special excise fee: EUR 2 per 1,000 kg;
- energy contribution: EUR 0 per 1,000 kg;
* non-professional consumption:
- excise fee: EUR 13 per 1,000 kg;
- special excise fee: EUR 2 per 1,000 kg;
- energy contribution: EUR 0 per 1,000 kg;
(h) liquefied petroleum gas under NC 2711 12 11-2711 19 00:
(i) used as fuel:
- excise fee: EUR 0 per 1,000 kg;
- special excise fee: EUR 0 per 1,000 kg;
- energy contribution: EUR 0 per 1,000 kg;
(ii) used as fuel for industrial and commercial uses:
* large consumer enterprises with agreement or environmental permit (exclusively for the uses provided for in Article 420, § 4, (a) and (b)):
- excise fee: EUR 0 per 1,000 kg;
- special excise fee: EUR 0 per 1,000 kg;
- energy contribution: EUR 0 per 1,000 kg;
* companies with agreement or environmental permit (exclusively for uses provided for in Article 420, § 4, (a) and (b)):
- excise fee: EUR 18.5920 per 1,000 kg;
- special excise fee: 1.9080 EUR per 1,000 kg;
- energy contribution: EUR 0 per 1,000 kg;
* Other:
- excise fee: EUR 37.1840 per 1,000 kg;
- special excise fee: EUR 3.8160 per 1,000 kg;
- energy contribution: EUR 0 per 1,000 kg;
(iii) used as fuel:
professional consumption:
* large consumer companies with environmental agreement or permit:
- excise fee: EUR 0 per 1,000 kg;
- special excise fee: EUR 0 per 1,000 kg;
- Energy contribution:
- for the butane of NC 2711 13 : 0 EUR per 1000 kg;
- for propane of code NC 2711 12: 0 EUR per 1,000 kg;
* companies with agreement or environmental permit:
- excise fee: EUR 0 per 1,000 kg;
- special excise fee: EUR 0 per 1,000 kg;
- Energy contribution:
- for the butane of code NC 2711 13: 8.5523 EUR per 1,000 kg;
- for propane of code NC 2711 12: 8.6762 EUR per 1,000 kg;
* other companies:
- excise fee: EUR 0 per 1,000 kg;
- special excise fee: EUR 0 per 1,000 kg;
- Energy contribution:
- for the butane of code NC 2711 13 : 17,1047 EUR per 1,000 kg;
- for propane of code NC 2711 12: 17,3525 EUR per 1,000 kg;
non-professional consumption:
- excise fee: EUR 0 per 1,000 kg;
- special excise fee: EUR 0 per 1,000 kg;
- Energy contribution:
- for the butane of code NC 2711 13 : 17,1047 EUR per 1,000 kg;
- for propane of code NC 2711 12: 17,3525 EUR per 1,000 kg;
(i) Natural gas under NC 2711 11 00 and 2711 21 00:
(i) used as fuel:
- excise fee: EUR 0 per MWh (higher heat capacity);
- special excise fee: EUR 0 per MWh (higher heat capacity);
- energy contribution: EUR 0 per MWh (higher heat capacity);
(ii) used as fuel for industrial and commercial uses:
* large consumer enterprises with agreement or environmental permit (exclusively for the uses provided for in Article 420, § 4, (a) and (b)):
- excise fee: EUR 0 per MWh (higher heat capacity);
- special excise fee: EUR 0 per MWh (higher heat capacity);
- energy contribution: EUR 0 per MWh (higher heat capacity);
* companies with agreement or environmental permit (exclusively for uses provided for in Article 420, § 4, (a) and (b)):
- excise fee: EUR 0 per MWh (higher heat capacity);
- special excise fee: EUR 0 per MWh (higher heat capacity);
- energy contribution: EUR 0 per MWh (higher heat capacity);
* Other:
- excise fee: EUR 0 per MWh (higher heat capacity);
- special excise fee: EUR 0 per MWh (higher heat capacity);
- energy contribution: EUR 0 per MWh (higher heat capacity);
(iii) used as fuel:
professional consumption:
* large consumer companies with environmental agreement or permit:
- excise fee: EUR 0 per MWh (higher heat capacity);
- special excise fee: EUR 0 per MWh (higher heat capacity);
- energy contribution: EUR 0 per MWh (higher heat capacity);
* companies with agreement or environmental permit:
- excise fee: EUR 0 per MWh (higher heat capacity);
- special excise fee: EUR 0 per MWh (higher heat capacity);
- energy contribution: EUR 0.0942 per MWh (higher heat capacity);
* other companies:
(a) the total annual quantity delivered per end user is equal to or greater than 976.944 MWh (higher heat capacity):
- excise fee: EUR 0 per MWh (higher heat capacity);
- special excise fee: EUR 0 per MWh (higher heat capacity);
- Energy contribution: EUR 0.3642 per MWh (higher heat capacity);
(b) the total annual delivery per end user is less than 976.944 MWh (higher heat capacity):
- excise fee: EUR 0 per MWh (higher heat capacity);
- special excise fee: EUR 0 per MWh (higher heat capacity);
- energy contribution: EUR 0.9889 per MWh (higher heat capacity);
non-professional consumption:
- excise fee: EUR 0 per MWh (higher heat capacity);
- special excise fee: EUR 0 per MWh (higher heat capacity);
- energy contribution: EUR 0.9889 per MWh (higher heat capacity);
(j) coal, coke and lignite of NC codes 2701, 2702 and 2704:
- excise fee: EUR 0 per 1,000 kg;
- special excise fee: EUR 8.6526 per 1,000 kg;
- energy contribution: EUR 3 per 1,000 kg;
(k) Electricity of the Code NC 2716:
professional consumption:
- provided to a final user connected to the transport or distribution network whose nominal voltage is greater than 1 kV, including to a final user identified as a customer assimilated to a high voltage customer:
- excise fee: EUR 0 per MWh;
- special excise fee: EUR 0 per MWh;
- energy contribution: EUR 0 per MWh;
- provided to a end user connected to the transport or distribution network whose nominal voltage is equal to or less than 1 kV:
* large consumer companies with environmental agreement or permit:
- excise fee: EUR 0 per MWh;
- special excise fee: EUR 0 per MWh;
- energy contribution: EUR 0 per MWh;
* companies with agreement or environmental permit:
- excise fee: EUR 0 per MWh;
- special excise fee: EUR 0 per MWh;
- energy contribution: EUR 0.9544 per MWh;
* other companies:
- excise fee: EUR 0 per MWh;
- special excise fee: EUR 0 per MWh;
- energy contribution: EUR 1.9088 per MWh;
non-professional consumption:
- excise fee: EUR 0 per MWh;
- special excise fee: EUR 0 per MWh;
- Energy contribution: EUR 1.9088 per MWh. »
Art. 6. In section 420 of the Act, the following amendments are made:
1° § 4, paragraph 3, is replaced by the following:
"Not considered to be intended for industrial and commercial use, fuels used for the power of motor vehicles other than those referred to in (c) - that are used for the carriage of equipment, machinery and vehicles referred to in paragraph 1er.
2° the article is supplemented by § 8 as follows:
“§ 8. For the application of Article 419, k), "a customer assimilated to a high voltage customer" must be understood as a end user powered by an individualized cable, financed by himself, from a transformation cab belonging to the high voltage network. The clients concerned are identified by the network manager. »
Art. 7. In section 429 of the Act, as amended by the Acts of 27 December 2005, 10 June 2006, 7 December 2006, 25 February 2007 and 27 April 2007, the following amendments are made:
1° § 1er, d), is supplemented by a sub-paragraph reading:
"Are considered to be included in the above-mentioned processes, all activities since the unloading of raw materials, including the primary grinder, the internal transport of raw materials within the manufacturing site and the handling activities related to empty packagings and additions intended for production, until the final products are obtained, including their routing to a storage place within the manufacturing site and the storage and disposal operations »;
2° in § 1er(f), subparagraph 1er, the words "including private tourism aviation" are replaced by the words "other than private tourism aviation";
3° in § 1er(g), paragraph 1er is replaced as follows:
"energy products provided for use as fuel or fuel for navigation in community waters (including fishing), other than private pleasure navigation, and electricity produced on board boats. »;
4° in § 2, g), the words "including private pleasure navigation" are replaced by the words "other than private pleasure navigation";
5° in § 2 (j) is repealed;
6° in § 2, p), in the Dutch text, the word "deschermende" is replaced by the word "beschermde";
7° in § 3, a), i), in the Dutch text, the words "in het kader van strikte landbouwactiviteiten" are repealed and the words "in het kader van strikte landbouwactiviteiten," are inserted between the words "voor verwarmingsdoeleinden" and the words ", in deze ruimtes";
8° §§ 4 and 7 are repealed.
Art. 8. Article 433 of the same law is supplemented by the words "and as fuel for the supply of motors of private pleasure craft referred to in Article 429, § 1er(g) and § 2, (g) for navigation on inland waterways and in community waters."
Art. 9. Confirmed for the period during which they were in force:
- the Royal Decree of 14 September 2007 amending the gasoil excise rates used as fuel and fixing the effective date of Article 31 of the Program Law of 11 July 2005;
- Royal Decree of September 14, 2007 amending certain gasoline excise rates;
- Royal Decree of 29 November 2007 amending certain excise rates on the road diesel.
Art. 10. Are repealed:
- Royal Decree of 15 January 2007 establishing a definition of energy products intended for use as fuel or fuel;
- Article 31 of the Program Law of 11 July 2005.
CHAPTER III. - European Directive on the Markets of Financial Instruments
Art. 11. The Royal Decree of 27 April 2007 to transpose the European Directive on the Markets of Financial Instruments is confirmed with effect on the date of its entry into force.
CHAPTER IV. - Caisse des Dépôts et Consignations
Art. 12. Section 7 of Royal Decree No. 150 of 18 March 1935, coordinating the laws relating to the organization and operation of the Caisse des Dépôts et Consignations and amending it under the Act of 31 July 1934, is replaced by the following:
“Art. 7. Any deposit of securities or money, shall result in an entry into account by the Caisse des Dépôts et Consignations for the benefit of the applicant.
Registration for the Caisse des Dépôts et Consignations.
A certificate of receipt of deposit is issued to the applicant.
The assignment and pledge of the deposit may not be opposed to the Fund, if not notified to it in the form prescribed by section 32 of this Order. »
CHAPTER V. - Miscellaneous insurance provisions
Art. 13. This chapter transposes, in particular in Belgian law, Directive 2005/14/EC of the European Parliament and the Council of 11 May 2005 amending Directives 72/166/EEC, 84/5/EEC, 88/357/EEC and 90/232/EEC of the Council and Directive 2000/26/EC of the European Parliament and the Council on the insurance of civil liability resulting from the movement of motor vehicles.
Section 1re. - Amendments to the Act of 21 November 1989 on compulsory liability insurance for self-propelled vehicles
Art. 14. In Article 3, § 1er, of the Act of 21 November 1989 on compulsory liability insurance for self-propelled vehicles, between paragraph 2 and 3 is inserted the following paragraph:
"Insurance guarantees for the duration of the contract, each stay of the vehicle insured in another European Economic Area State. In no case may this stay be considered an aggravation or a decrease in the insured risk, or an amendment to the insurance conditions. As soon as the insured vehicle is registered in another state than Belgium, the insurance ends in full right. »
Art. 15. Section 7 of the Act is replaced by the following provision:
“Art. 7. § 1er. The insurer shall issue to the insurance owner a certificate justifying the insurance contract under section 2.
§ 2. It also delivers to it within fifteen days of its application and at the end of its contract, a certificate relating to third-party remedies or the absence of such remedies involving the vehicle or vehicles covered by the insurance contract over the last five years at least of the contractual relationship.
§ 3. The King may determine the conditions for the issuance and withdrawal of the documents referred to in the preceding paragraphs. It may also determine the form and the mentions to be included. »
Art. 16. Section 19bis- 7 of the Act, inserted by the Act of August 22, 2002, is supplemented by the following paragraph:
"The Fund shall send to the European Commission the list of persons or institutions exempted from the insurance obligation on whose behalf the vehicles referred to in Article 19bis -6, § 1er, 4°), as well as the name and address of the authorities and bodies responsible for compensation referred to in Article 19bis -6, § 1er5°). »
Art. 17. Article 19bis- 13, § 3, of the same law, inserted by the law of 22 August 2002, is replaced by the following paragraph:
“§3. In the case provided for in Article 19bis -11, § 1er, 7°), and when the accident occurred in Belgian territory, the King may limit the Fund's obligations to compensation for damage caused by bodily injury.
However, this limitation is not permitted where the Fund compensates for significant bodily injury incurred by any person injured in an accident in which material damage was caused by an unidentified vehicle.
Are considered to be significant bodily injury, bodily injury resulting from an accident that caused either:
1. the death of the victim;
2. a permanent disability of 15% or more;
3. a temporary disability of one month or more;
4. a hospitalization of seven days or more.
The King may further specify the conditions under which bodily injury may be considered important or complete the list.
The provisions of this paragraph shall not apply to the consequences of accidents that occurred prior to its entry into force. »
Section 2. - Amendments to the Act of 9 July 1975 on the Control of Insurance Companies
Art. 18. Article 2, § 6, 8°, (c), of the Act of 9 July 1975 on the control of insurance companies, is supplemented by the following paragraph:
"By derogation from the previous paragraph, when a self-propelled vehicle referred to in section 1er of the Act of 21 November 1989 on compulsory liability insurance for self-propelled vehicles, is shipped from one Member State to another Member State, the Member State of destination is deemed to be the one where the risk is located, upon acceptance of the delivery by the purchaser, for a period of thirty days, even if the vehicle has not been officially registered in the Member State of destination; "
Art. 19. Article 68, § 1er, 4°, second dash, of the same law, paragraph 4 is deleted.
Section 3. - Amendments to the Act of 25 June 1992 on the land insurance contract
Art. 20. Article 68-8, § 2, of the law of 25 June 1992 on the land insurance contract, inserted by the law of 21 May 2003 and partially annulled by the decision of the Constitutional Court No. 2007/039 of 15 March 2007, is replaced by the following provision:
Ҥ2. The insurer may limit the total amount of compensation that the insurer will have to pay in the event of a natural disaster at the lowest amount of those obtained by applying the following formulas:
(a) (0.45 x D + 0.05 x S) with a minimum of EUR 2,000 000;
(b) (1.05 x 0.45 x D) with a minimum of EUR 2,000 000;
where:
P is the encumberment of premiums and accessories, excluding acquisition fees and commissions, for fire guarantees and related hazards plus electricity of the simple risks referred to in section 67, § 2, encumbered by the insurer during the accounting period prior to the claim;
S is the amount of compensation payable by the insurer for a natural disaster other than an earthquake exceeding the amount of 0.45 x P.
In the case of an earthquake, the insurer may limit the total of the allowances it will have to pay to the lesser amount than those obtained by applying the following formulas:
(a) (1.20 x D + 0.05 x S') with a minimum of EUR 2,000 000;
(b) (1.05 x 1.20 x D) with a minimum of EUR 2,000 000;
where:
P is the encumberment of premiums and accessories, excluding acquisition fees and commissions, for fire guarantees and related hazards plus electricity of the simple risks referred to in section 67, § 2, encumbered by the insurer during the accounting period prior to the claim;
This is the amount of compensation payable by the insurer for an earthquake exceeding 1.20 x P.
The amount of EUR 2,000 000, referred to in this paragraph, is indexed in accordance with the requirement of Article 19, § 3, of the Royal Decree of 22 February 1991 on the General Regulation on the Control of Insurance Companies and published by the Banking, Financial and Insurance Commission. »
Art. 21. Section 20 comes into force on 1er July 2008.
PART III. - Pensions
UNIC CHAPTER. - Adaptation of item IV of the schedule to the general law of July 21, 1844 on civil and ecclesiastical pensions
Art. 22. In the left column of item IV of the Schedule to the General Act of July 21, 1844 on civil and ecclesiastical pensions, replaced by the Act of February 3, 2003 and amended by the Acts of July 9, 2004 and April 25, 2007, the following amendments are made:
1° D is replaced as follows:
“D.1. Controllers;
2. Principal Controllers;
To the extent that the incumbents of these ranks, while retaining their rank, perform ambulant distribution services as agents of the distributor positions following the implementation of the Refocus project. »;
2° 1 point E, as follows, is added:
"E. All the statutory agents of La Poste who, under the classification of functions, are appointed as "distributor" and "distributor in general service", to the extent that they perform ambulant distribution services. »
Art. 23. Article 22, 1°, produces its effects on 1er June 2006 and article 22, 2°, 1er January 2007.
PART IV. - Public health
CHAPTER Ier. - Amendment of the Act of 4 June 2007 amending legislation to promote patient mobility
Art. 24. Article 6, paragraph 1er, of the Act of 4 June 2007 amending legislation to promote patient mobility, is replaced as follows: "This Act or some of its provisions come into force on a date to be determined by the King by a deliberate order in the Council of Ministers, and no later than 1er July 2009. »
CHAPTER II. - Medical commissions
Art. 25. ÷ article 37 of Royal Decree No. 78 of 10 November 1967 on the Exercise of Health Care Professions, as amended by the Acts of 20 December 1974, 6 April 1995, 25 January 1999 and 13 December 2006, are amended as follows:
1° in § 1er, 2°, b), paragraph 3, the word "renewable" is replaced by the words "renewable as many times as necessary";
2° in § 1er, 2°, b), paragraph 4, the word "renewable" is replaced by the words "renewable as many times as necessary";
3° in § 4, paragraph 2, the word "suspensive" is deleted.
CHAPTER III. - Mandatory health insurance and allowances
Section 1re. - Medical Oxygen
Art. 26. In section 35bis, § 16, of the Compulsory Health Care and Compensation Insurance Act, coordinated on 14 July 1994, inserted by the law of 27 December 2006, the phrases "The King confirms, by 31 December 2007, the list of medical oxygen that is repayable on 1 December 2007.er January 2008 and repayable medical devices that are used in oxygen therapy. The King can modify this list from 1er January 2008.", are replaced by the phrases "The King confirms at a date to determine the list of medical oxygen and repayable medical devices that are used as part of oxygen therapy. From that date to be determined, the King may modify this list."
Section 2. - Amendment of articles 35bis, § 10, 73 and 146bis, § 1er,
Act of 14 July 1994
Art. 27. In section 35bis, § 10, of the same law, as amended by the laws of 24 December 2002 and 13 December 2006, the following amendments are made:
1° in paragraph 2, the words "submitted to specific reimbursement conditions" are repealed;
2° Paragraph 3 is replaced by the following:
"The Minister designates, either on the proposal of the Drug Refund Commission, or after taking the advice of the National Medico-mutualist Commission on its own initiative, the classes or subclasses of the pharmaceutical specialties or groups of pharmaceutical specialties taken into account and adapts the list of repayable specialties in accordance with the procedures established by the King. »;
Paragraph 4 is repealed.
Art. 28. Section 73 of the Act, replaced by the Act of 24 December 2002 and amended by the Royal Decree of 17 September 2005 and the Acts of 27 December 2005 and 13 December 2006, are amended as follows:
1° to § 2, paragraph 2, the words "instituted by the Royal Decree of 6 December 1994" are replaced by the words "instituted under Article 19";
2° § 3, paragraph 1er, is replaced by the following:
“§3. Recommendations of good medical practice and indicators referred to in § 2, paragraph 1er, are defined on its own initiative by the National Council for the Promotion of Quality.
The recommendations referred to in paragraph 2, paragraph 2, which the Drug Rebate Commission establishes, are proposed at its request or the Minister's request, and within the time limits it determines by a tripartite working group composed equally of representatives of the representative organizations of physicians within the meaning of Article 211, § 1erinsurance organizations and scientific associations. The composition of this working group may be adapted if necessary, depending on the nature and specificity of the recommendations to be issued, but respecting the principle of tripartite composition.
The recommendations prepared by the triparty working group also mention the elements that the care provider must have in order to allow the Medical Evaluation and Control Service to verify in accordance with the procedure referred to in section 146bis that the pharmaceutical specialties concerned have been prescribed in accordance with these recommendations, the duration of validity of these elements, the conditions under which they must be renewed, and the elements justifying the continuation of treatment established by another dispensator.
The proposals for recommendations of this working group are not submitted to the Drug Refund Commission if they are unanimously rejected by members of one of the three parties concerned. The rejection must be motivated.
The Drug Refund Commission may either sign its agreement in accordance with the proposal prepared by the working group or reject it by reasoned notice. If it rejects it, it will inform the working group that can make a new proposal or refrain from it.
The Medical Practices Assessment Committee on Drugs defines an initiative or on the proposal of the Minister, the indicators and thresholds referred to in paragraph 2, paragraph 2. »
Art. 29. ÷ article 146bis, § 1er, inserted by the law of 13 December 2006, a paragraph is inserted between paragraphs 5 and 6:
"For the application of paragraphs 8 and 9 as well as articles 73bis, 6°, and 142 § 1er, 6°, the control of the elements referred to in Article 73, § 3, paragraph 3, deals only with the requirements issued from the start date of the monitoring. "
PART V. - Social affairs
CHAPTER Ier. - Social security
Section 1re. - Implementation of the IPA Non-recurring benefits related to results
Art. 30. Article 38, § 3novies, paragraph 4, of the Act of 29 June 1981 establishing the general principles of social security of employed workers, inserted by the law of 21 December 2007, is replaced by the following provision:
"The contribution is paid by the employer to the organization responsible for the collection of social security contributions, on time and under the same conditions as the social security contributions for employed workers. »
Art. 31. Article 30 produces its effects on 1er January 2008.
Section 2. - Family allowances
Art. 32. Article 15 of the co-ordinated laws relating to family allowances for employed workers amended by the Royal Decree of 25 October 1960 and by the laws of 29 April 1996, 10 June 1998 and 12 August 2000, is supplemented by the following paragraph:
"The third party referred to in section 36 of the Royal Decree of November 28, 1969, pursuant to the Act of June 27, 1969 revising the Decree-Law of December 28, 1944 concerning the social security of workers, when it pays the full remuneration of the worker and is substituted for the employer for the fulfilment of all the obligations relating to that remuneration set out in the above-mentioned order, is, in place and place of the employer »
CHAPTER II. - Professional integration
Art. 33. In sections 77, 87, 88 and 90, of the Act of 13 July 2006 on various provisions concerning occupational diseases and occupational accidents and occupational reintegration, the words "two years" are replaced by the words "four years".
CHAPTER III. - Increased recovery of social security contributions from employee workers
Art. 34. Article 41quater, § 3, of the law of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers, inserted by the law of 3 July 2005 and last amended by the law of 27 December 2006, is replaced by the following provision:
“§3. When the act referred to in § 1er has passed, the notice referred to in § 2 shall prescind and arrested in the hands of the notary on the sums and values that he holds under the act on behalf of or for the benefit of the debtor of the social security contribution body and shall be contrary to the price within the meaning of Article 1642 of the Judicial Code in cases where the notary is obliged to distribute these sums and values in accordance with Articles 1639 to 1654 of the Judicial Code.
Without prejudice to the rights of third parties, where the act referred to in § 1er has passed, the notary is required, subject to the application of sections 1639 to 1654 of the Judicial Code, to pay in the hands of the receiving body of social security contributions, no later than the eighth working day following the execution of the act, the sums and values that he holds under the act on behalf of or for the benefit of the debtor of the receiving body, notified to the amount of the §
In addition, if the sums and values thus subject to arrest are less than all amounts due to registered creditors and opposing creditors, the notary must, under penalty of being personally responsible for the surplus, inform the receiving agencies of the contributions, no later than the first business day following the passage of the act:
1° by means of a procedure using IT techniques, via the Banque-Carrefour de la sécurité sociale;
2° by any other means to sign the information and confer certain date on its consignment, when the consignment cannot be carried out in accordance with the 1°.
Without prejudice to the rights of third parties, the transcript or registration of the act is not enforceable to social security contribution collectors, if the registration of the legal mortgage takes place within eight working days after the sending of the information provided for in the preceding paragraph.
Inoperative with respect to the claims of social security contributions receiving organizations notified pursuant to § 2, all unregistered claims for which seizure or opposition is made only after the expiry of the period provided for in paragraph 2 of this paragraph. "
PART VI. - Economy and Independents
CHAPTER Ier. - Intellectual property
Section 1re. - Amendments to the Act of 30 June 1994 on copyright and neighbouring rights
Art. 35. Section 57 of the Act of 30 June 1994 on copyright and neighbouring rights, as amended by the Act of 22 May 2005, is amended as follows:
1st paragraph 1er, 3°, is replaced by the following provision:
"3° to institutions officially recognized and subsidized by the public authorities for the purpose of maintaining sound or audio-visual documents. Reimbursement is granted only for materials intended for the preservation of sound and audiovisual documents and their on-site consultation; »;
2° Paragraph 2 is repealed.
Art. 36. In section 79bis of the Act, inserted by the Act of 22 May 2005, the following amendments are made:
1° to § 1erParagraph 1er, the words "at articles 80 and 82" are replaced each time by the words "at article 80";
2° § 2, paragraph 1er, is replaced by the following provision:
"The rightful persons shall take appropriate voluntary measures within a reasonable time, including agreements with the other parties concerned, in order to provide the user with a work or benefit, the means necessary to be able to benefit from the exceptions provided for in Article 21, § 2, Article 22, § 1er, 4°, 4°bis, 4°ter, 4°quater, 8°, 10°, 11°, and 13°, in article 22bis, § 1erParagraph 1er, 1° to 5°, and in article 46, 3°bis, 3°ter, 7°, 9°, 10° and 12°, when the latter has lawful access to the work or service protected by technical measures. »
Art. 37. Section 81 of the Act, as amended by the Acts of 22 May 2005 and 15 May 2007, is replaced by the following provision:
"Art. 81. The offences provided for in articles 79bis, § 1er, 79ter and 80 are punished by imprisonment for three months to three years and a fine of 100 to 100,000 EUR or only one of these penalties. In the event of a recidivism within five years of a conviction that has been imposed by the head of the same offence, the maximum penalty is doubled. »
Section 2. - Amendments to the Act of 31 August 1998 transposing into Belgian law the European Directive of 11 March 1996 on the legal protection of databases
Art. 38. In article 13 of the Act of 31 August 1998 transposing the European Directive of 11 March 1996 on the legal protection of databases, as amended by the Act of 15 May 2007, the following amendments are made:
1° in paragraph 3, the word "consciously" is replaced by the words ", with a mean or fraudulent intention,"
2° Paragraph 5 is replaced by the following:
"When the facts submitted to the court are the subject of a cessation action pursuant to section 12sexies, it can only be ruled on the criminal action after a decision taken in force of a finding has been made with respect to the action on termination. »
Art. 39. In section 14 of the Act, replaced by the Act of May 15, 2007, paragraph 1er is replaced by the following:
“The offences provided for in articles 12bis, § 1er12ter and 13 are punished by imprisonment for three months to three years and a fine of 100 euros to 100,000 euros or one of these penalties only. »
CHAPTER II. - Amendments to the law of June 26, 1963 creating an Order of Architects
Art. 40. § 1er. Article 34, paragraph 1er, of the law of 26 June 1963 creating an Order of Architects, as amended by the laws of 10 February 1998 and 15 February 2006, is amended as follows:
1° in the provisions taken under (a), (b) and (c) the words "four years" are replaced by the words "six years";
2° in the provision taken under (d), the words "for a term of six years" are inserted between the words "named by the King" and "among them";
3° in the provision taken under (e), the words "for a term of four years among the architects public servants or agents of public services" are replaced by the words "for a term of six years among the architects public servants not covered in (b)".
§ 2. In article 34, paragraph 2, of the Act, the words "by an alternate legal assessor" are replaced by the words "by several alternate legal assessors".
§ 3. In article 34, paragraph 3, of the same law, the words "He is chosen" are replaced by the words "they are chosen".
In the same paragraph, the words "He has" are replaced by the words "they have".
§ 4. Section 34, paragraph 4, of the Act is repealed.
Art. 41. Section 55 of the Act is replaced by the following provision:
"Art. 55. The terms of office of the effective and alternate members of the College's Provincial Councils who were elected in 2003, end on December 31, 2008.
Provincial Councils renew by half with effect 1er January 2009 and thereafter as provided for in Article 11, paragraph 2.
From the 2008 elections, the mandates take place on 1er January of the following year. »
Art. 42. Section 56 of the Act is replaced by the following provision:
"Art. 56. The mandates of the members of the National Council referred to in Article 34, paragraph 1er, (a), whose terms of reference took place in 2007, expire one year later. »
CHAPTER III. - Confirmation of royal decrees pursuant to section 102 of the Act of 20 July 2006 on various provisions
Art. 43. The Royal Decree of 21 April 2007 transposing provisions of Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 concerning the legal controls of the annual accounts and consolidated accounts, amending Council Directives 78/660/EEC and 83/349/EEC and repealing Council Directive 84/253/EEC, was confirmed with effect on 31 August 2007, the date of its entry into force and concerning Article 67, with effect on 27 April 2007.
Art. 44. Articles 1er and 2 of the Royal Decree of 25 April 2007 amending the Code of Societies for the transposition of provisions of Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 concerning the legal controls of the annual and consolidated accounts, amending Directives 78/660/EEC and 83/349/EEC of the Council and repealing Council Directive 84/253/EEC, are confirmed with effect on 31 August 2007, the date of their entry into force.
Art. 45. Articles 3 and 4 of the same order are confirmed with effect on 27 April 2007, the date of their entry into force and publication to the Belgian Monitor.
Art. 46. Sections 15 to 19 of the Royal Decree of 26 April 2007 organizing quality monitoring and control and regulating the discipline of corporate reviewers are confirmed with effect on 27 April 2007, the date of their entry into force.
Art. 47. The same order, with the exception of sections 15 to 19, is confirmed with effect on 31 August 2007, the date of its entry into force.
Art. 48. The Royal Decree of 30 April 2007 on the coordination of the Act of 22 July 1953 creating an Institute of Directors of Business and organizing the public supervision of the profession of reviewer of enterprises and the Royal Decree of 21 April 2007 on the transposition of the provisions of Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on the legal controls of the annual and consolidated accounts and amending Directives 78/649
Art. 49. The Royal Decree of 30 April 2007 relating to the approval of corporate reviewers and the public register is confirmed with effect on 31 August 2007, the date of its entry into force.
Art. 50. Articles 11 and 13, § 2, of the Royal Decree of 30 April 2007 on access to the profession of revisor of enterprises and repealing the Royal Decree of 13 October 1987 concerning the internship of revisors of enterprises, are confirmed with effect on 1er January 2008, date of entry into force.
Art. 51. The same order, with the exception of articles 11 and 13, § 2, is confirmed with effect on 31 August 2007, the date of its entry into force.
Art. 52. The Royal Decree of 30 April 2007 appointing members of the Discipline Commission of the Institute of Business Reviewers, referred to in section 58 of the Act of 22 July 1953 creating an Institute of Business Reviewers and organizing public supervision of the profession of business reviewer, is confirmed with effect on 31 August 2007, the date of its entry into force.
Art. 53. The Royal Decree of 30 April 2007 appointing the members of the House of Reference and Status, referred to in Article 44, § 5, of the Act of 22 July 1953 creating an Institute of Directors of Business and organizing the public supervision of the profession of company reviewer, is confirmed with effect on 15 May 2007, the date of its entry into force.
Art. 54. The Royal Decree of 7 June 2007 establishing the rules of procedure of the Institute of Auditors is confirmed with effect on 31 August 2007, the date of its entry into force.
CHAPTER IV. - Provisions amending the Act of 17 July 1975 on business accounting
Art. 55. ÷ Article 6, paragraph 4, of the Act of 17 July 1975 on accounting of enterprises the word "ten" is replaced by the word "seven".
Art. 56. In Article 8, § 2, the word "ten" is replaced by the word "seven".
CHAPTER V. - Amendment of the Act of 10 May 2007 to combat discrimination between women and men
Art. 57. Article 12, § 2, of the Act of 10 May 2007 to combat discrimination between women and men is replaced by the following provision:
“§2. By derogation from § 1eronly distinctions based on the respective life expectancy of men and women are admitted.
Derogation from paragraph 1er, pension commitments make no distinction between men and women to define the level of personal contributions.
Derogation from paragraph 1er, defined contribution type pension commitments do not distinguish between men and women to define the level of contributions.
Distinctions arising from paragraph 1er are admitted, both in the head of the organizer of the supplementary social security regime and in that of the pension or insurance organization that implements this plan.
With respect to the years of service advocated after May 17, 1990, the pension commitment, as referred to in the Act of April 28, 2003 on supplementary pensions and the taxation of supplementary pensions and certain additional benefits in the area of social security, may not contain any other direct distinction based on sex other than those recognized under paragraph 1er.
In accordance with the previous paragraph, the direct distinction made on the basis of sex in pension commitments as referred to in the Act of 28 April 2003 on supplementary pensions and the tax regime of such pensions and certain additional benefits in the area of social security, concerning the years of service established until 17 May 1990 included, does not result in any unlawful distinction contrary to section 45 of the Act of 27 June 1969 revising the Decree-Law of 28 December »
CHAPTER VI. - Increased recovery of social security contributions from independent workers
Art. 58. In Article 23ter, § 3, of Royal Decree No. 38 of 27 July 1967 organizing the social status of independent workers, inserted by the law of 20 July 2005 and last amended by the law of 27 December 2006, the following amendments are made:
1° § 3 is replaced as follows:
“§3. When the act referred to in § 1er has passed, the notice referred to in § 2 shall prescind and arrested in the hands of the notary on the sums and values that he holds under the act on behalf of or for the benefit of the debtor of the social security contribution body and shall be contrary to the price within the meaning of Article 1642 of the Judicial Code in cases where the notary is obliged to distribute these sums and values in accordance with Articles 1639 to 1654 of the Judicial Code.
Without prejudice to the rights of third parties, where the act referred to in § 1er has passed, the notary is required, subject to the application of sections 1639 to 1654 of the Judicial Code, to pay in the hands of the receiving body of social security contributions, no later than the eighth working day following the execution of the act, the sums and values that he holds under the act on behalf of or for the benefit of the debtor of the receiving body, notified to the amount of the §
In addition, if the sums and values so seized-and-arrested are less than all amounts due to registered creditors and opposing creditors, the notary must, under penalty of being personally responsible for the surplus, inform the receiving agencies of the contributions, no later than the first business day following the passage of the act:
1° by means of a procedure using computer technology, via the Social Security Crossroads Bank;
2° by any other means to sign the information and confer certain date on its consignment, when the consignment cannot be carried out in accordance with the 1°.
Without prejudice to the rights of third parties, the transcript or registration of the act is not enforceable to social security contribution collectors, if the registration of the legal mortgage takes place within eight working days after the sending of the information provided for in the preceding paragraph.
Inoperative with respect to the claims of the social security contributions receiving bodies notified pursuant to § 2, all unregistered claims for which seizure or opposition is exercised only after the expiry of the period provided for in paragraph 2. »;
2° to § 4, the words "delai referred to in § 3, paragraph 3" are replaced by the words "delai referred to in § 3, paragraph 4".
PART VII. - Employment
CHAPTER Ier. - Industrial accidents
Section 1re. - Main source of income
Art. 59. Section 20bis of the Labour Accidents Act of 10 April 1971, inserted by Royal Decree No. 285 of 31 March 1984, is supplemented by the following paragraph:
"The victim is considered to be the main source of income when the portion of his income that was actually used as a contribution, both in cash and in kind, to the maintenance of the ascendants was, at the time of the accident, greater than the overall income of the ascendants, in which the contribution, both in cash and in kind, of the victim is not included. For the determination of the contribution, both in cash and in kind, of the victim, the costs of his or her own maintenance are not considered. »
Section 2. - Interest on medical expenses
Art. 60. Section 41 of the Act is replaced by the following provision:
"Art. 41. The funeral allowance referred to in section 10 shall be paid in the month following the death to the person who has taken the charge. ÷ failure to pay within this period, late interest is due in full right to this allowance.
The transfer costs referred to in section 11 and the costs referred to in section 3 of this chapter, except for the additional allowance referred to in section 28bis, paragraph 3, shall be reimbursed to the person who has taken these charges, within two months from the date of receipt of the supporting documents, and shall bear interest in full-right delay from that date in the absence of payment within that period. »
Art. 61. In section 42, paragraph 3, of the Act, the words "this Act" are replaced by the words "this section".
Section 3. - Entry into force
Art. 62. This chapter comes into force on the day of the publication of this Act to the Belgian Monitor.
The provision of section 59 shall apply to accidents at work arising from the effective date of this chapter.
CHAPTER II. - Construction sector
Art. 63. Article 7 of Royal Decree No. 213 of 26 September 1983 concerning the duration of work in enterprises that are members of the Joint Construction Commission, as amended by the program law of 9 July 2004 is replaced by the following provision:
“Art. 7. § 1er. In Article 1 companieser the limits on the duration of the working time established by section 19 of the Labour Act of 16 March 1971 may be exceeded by 130 hours per calendar year during the summer period or during a period of intense activity at a maximum of one hour per day, paid at the normal salary.
A worker's choice before the end of the pay period in which these hours are prescribed, compensatory days of rest may be granted or an additional salary of 20% per additional hour may be granted.
In the absence of the choice referred to in the preceding paragraph before the end of the pay period, compensatory days of rest are granted.
The granting of compensatory rest days is done in consultation within six months of the period during which the limits were exceeded, due to a day of rest by eight hours of supplementary benefit. In the event that compensatory days of rest are granted, the hours claimed in addition are paid at the time the compensatory rest is granted, by derogation from the provisions of section 9 of the Act of 12 April 1965 on the protection of the remuneration of workers.
For exceeding the limits of the working time referred to in paragraph 1er, the employer must obtain the prior agreement of the majority of the union delegation. In the absence of a union delegation, the Chairman of the Joint Commission is informed.
§ 2. By derogation from the prohibition to work on Saturday referred to in Article 4, 2°, of the Act of 6 April 1960 concerning the execution of construction work and without prejudice to the other provisions made under a law that allow to work on Saturday in the enterprises referred to in Article 1er, it is permissible for the worker to work on Saturdays up to 64 hours per calendar year.
At the worker's choice, before the end of the pay period during which these hours were applied on Saturday, compensatory rest days may be granted. A 50% sursalarea is granted per hour presumed on Saturday, whether it has opted for compensatory rest days or not. If the worker opts for the granting of compensatory days of rest, the sursalary shall be paid at the time the benefits are performed and the normal salary, in derogation from the provisions of section 9 of the Act of 12 April 1965 on the protection of the remuneration of workers, at the time of taking the compensatory rest. The number of hours applied on Saturday deducts the number of hours mentioned in § 1erParagraph 1er.
The situations that allow you to work on Saturday are:
1° work that cannot be performed at any other time;
2° the work for which the simultaneous execution of construction activities and other activities in the same place entails a significant risk to the safety and/or health of workers or third parties;
3° works that are not compatible with other activities for technical reasons.
To be able to work on Saturdays, the agreement of the majority of the union delegation is required. If there is no union delegation, it is possible to work on Saturday if the employer signs a protocol of accession to the regime with at least one worker. This protocol must be co-signed by regional union secretaries, if present in the region, whose signature is obtained directly or through the local professional organization. Regional trustees have a period of fourteen days to sign the protocol or to make their refusal known.
In case of refusal, a local consultation attempts to achieve conciliation. After exhausting the use of local consultation, the most diligent party may submit the dispute to the conciliation office of the parity commission.
The protocol of accession to this regime has a validity period of one year and is renewed in a tacit manner unless denunciation.
Saturday's work is always done on a voluntary basis. The worker's will must be established in a written agreement by the time the work begins, signed by the worker and the employer. This written agreement is retained on the site. »
CHAPTER III. - Miscellaneous provisions
Section 1re. - Amendment to section 47 of the Act of 24 December 1999 for the promotion of employment
Art. 64. In section 47 of the Act of 24 December 1999 for the promotion of employment, as amended by the Acts of 22 December 2003 and 9 July 2004, the following amendments are made:
1° § 1er, fourth paragraph, 1°, is replaced by the following provision:
"1° the number of days during which the mandatory number of young people was not occupied and/or the number of days during which the recruitment of young people was compensated by the dismissal of staff, expressed in calendar days, so on Sundays and holidays included; »;
2° § 1er, paragraph 4, 2°, is supplemented as follows:
", expressed in full-time equivalents";
3° in § 4, paragraph 3, the word "1erquater, is inserted between the words "Articles 1erter," and the words "2, 3, 8, 9 and 13".
Section 2. - Amendment of the Act of 7 January 1958 concerning the existence security funds
Art. 65. In the Act of 7 January 1958 concerning the Fonds de sécurité d'existence, amended by the Acts of 10 October 1967, 18 December 1968, 15 July 1970 and by the Royal Decree of 1er March 1971, by statutes of 22 December 1989, 8 July 1991, 23 March 1994, 13 February 1998, 26 June 2000 and 25 April 2007, an article 5bis is inserted, as follows:
"Art. 5bis. - The existence security funds guarantee that the benefits they grant are free for the beneficiaries.
No fees may be charged to the recipient in any way or another. »
Art. 66. Section 16 of the Act of 7 January 1958 concerning the Living Security Fund, as amended by the Acts of 18 December 1968 and 26 June 2000, is supplemented by the following paragraph:
"3° the existence security funds and their administrators who contravene section 5bis. »
Section 3. - Adaptation of Article 2, § 3, 1°, paragraph 1erthe Act of 5 December 1968 on collective labour agreements and joint commissions
Art. 67. Article 2, § 3, 1°, paragraph 1erthe Act of 5 December 1968 on collective labour agreements and joint commissions, as amended by the Acts of 17 June 1991, 19 July 2001, 24 December 2002, 20 July 2005 and 3 June 2007 and the Royal Decrees of 16 June 1994, 7 April 1995, 19 December 1996 and 23 December 1996, are amended as follows:
1° the word "and" which precedes the terms "social housing companies approved according to the housing codes of the Regions" is deleted;
2° it is supplemented by the words: "and anonymous public law companies "Brussels South Charleroi Airport-Security" and "Liège-Airport-Security".
Section 4. - Adaptation of Article 1er, § 3, of the law of 19 December 1974 organizing relations between the public authorities and the unions of the agents under this authority
Art. 68. Article 1er, § 3, 2°, of the law of 19 December 1974 organizing relations between public authorities and trade unions of agents under these authorities, repealed by the law of 21 December 1994, is reinstated in the following wording:
"2° of anonymous public law companies "Brussels South Charleroi Airport-Security" and "Liège Airport-Security".
Section 5. - Business closure fund
Confirmation of the Royal Decree of July 3, 2005
Art. 69. The Royal Decree of 3 July 2005 on the entry into force of sections 81 and 82 of the Act of 26 June 2002 on business closures is confirmed.
Art. 70. Article 69 produces its effects on 1er July 2005.
PART VIII. - Justice
CHAPTER Ier. - Amendment of the Act of 9 May 2007 amending various provisions relating to the absence and judicial declaration of death
Art. 71. Section 57 of the Act of 9 May 2007 amending various provisions relating to the absence and judicial declaration of death is replaced by the following:
"Art. 57. Judgments of declaration of absence made pursuant to former sections 115 to 119 of the Civil Code and judgments rendered pursuant to former sections 112 and 113 of the Civil Code may, at the expiry of a period of five years from their pronouncement, be converted by judgment to a declaration of absence within the meaning of this Act. »
Art. 72. Section 71 produces its effects on 1er July 2007.
CHAPTER II. - Amendment of Article 365-1, 3° of the Civil Code
Art. 73. In section 365-1 of the Civil Code, inserted by the law of 24 April 2003, the 3rd is supplemented by the following sentence:
"The compliance with the conditions referred to in Articles 361-3 and 361-4 is certified by the competent community. »
Art. 74. Article 73 produces its effects on 1er September 2005.
CHAPTER III. - Amendment of the Corporate Code in particular following Directive 2005/56/EC of the European Parliament and Council of 26 October 2005 on cross-border mergers of capital corporations
Art. 75. In Article 698, § 1er, from the Code of Societies, the words "or a cooperative society" are replaced by the words ", a cooperative society, a limited company or a partnership".
Art. 76. In Article 711, § 1er, of the same Code, the words "or a cooperative society" are replaced by the words ", a cooperative society, a limited partnership or a partnership".
Art. 77. It is inserted in Book XI of the same Code a title Vbis, written as follows:
« TITRE Vbis. - Specific rules on cross-border mergers and similar transactions
CHAPTER Ier. - Common provisions
Section 1re. - Introductory provision
Art. 772/1. Provisions concerning mergers of this book shall apply, subject to the following derogatory provisions.
Are excluded from the application of this title:
- public investment companies with variable capital referred to in sections 10 and 14 of the Act of 20 July 2004 on certain forms of collective investment portfolio management;
- the companies that are in liquidation.
Section 2. - Compensation of intake
Article 772/2. The cross-border merger is validly notwithstanding the award of a cash relief exceeding the tenth of the nominal value of the corporation's assigned shares or shares resulting from the cross-border merger or, if not nominal, of their accounting pairs, provided that the legislation that applies to at least one of the foreign companies authorizes it.
Section 3. - Legal effects of cross-border merger
Art. 772/3. The cross-border merger shall result from the date referred to in section 772/14 the legal effects referred to in section 682, with the exception of paragraph 1er, 1°, last sentence of the aforementioned article.
Section 4. - Opposability of cross-border merger
Art. 772/4. Without prejudice to the application of section 683, the rights and obligations of the merging companies resulting from work contracts or working relations and existing at the date referred to in section 772/14, are transmitted, as a result of the taking of effect of this cross-border merger, to the corporation arising from the cross-border merger at the date of the effective date of the cross-border merger.
The formalities resulting from this article are carried out by the company from the cross-border merger.
Section 5. - Nullity of cross-border merger
Art. 772/5. The invalidity of a cross-border merger that has taken effect in accordance with Article 772/14 cannot be pronounced.
CHAPTER II. - Procedure for cross-border merger of companies
Art. 772/6. The management bodies of the companies to be merged establish by authentic act or by private act a joint project of cross-border merger.
The cross-border merger project mentions at least:
(a) the legal form, the name, object and statutory seat of the merging companies and those envisaged for the corporation arising from the cross-border merger;
(b) the exchange report of shares or shares representative of social capital and, where appropriate, the amount of the cash relief;
(c) the modalities for the remission of shares or shares representing the social capital of the corporation arising from the cross-border merger;
(d) the likely effects of cross-border merger on employment;
(e) the date on which these shares or representative shares of social capital give the right to participate in profits and any particular modality relating to that right;
(f) the date on which the transactions of merging companies are considered from an accounting point of view to be carried out on behalf of the corporation arising from the cross-border merger;
(g) the rights of the corporation arising out of the cross-border merger to partners with special rights and holders of securities other than shares or shares representative of social capital, or the proposed measures in respect of them;
(h) any particular benefits attributed to experts who examine the proposed cross-border merger, as well as to members of the boards of directors, management, supervision or control of the merging companies;
(i) the status of the corporation arising from the cross-border merger;
(j) where appropriate, information on the procedures whereby, in accordance with the provisions made by the King pursuant to Article 16 of Directive 2005/56/EC, the modalities for the involvement of workers in the definition of their rights of participation in society arising from the cross-border merger;
(k) information on the valuation of the assets and liabilities transferred to the corporation from the cross-border merger;
(l) the dates of the accounts of the merging companies used to define the conditions of the cross-border merger.
For the cross-border merger project on the transaction assimilated to absorption merger, items (b), (c) and (e) are not applicable.
Art. 772/7. The draft cross-border merger must be filed at the Registry of the Commercial Court where the companies concerned have their headquarters, by each company concerned by the merger, no later than six weeks before the general assembly called to rule on the cross-border merger, and be published by extract in accordance with section 74.
The publication contains at least the following data:
(a) the legal form, denomination and statutory seat of each of the merging companies;
(b) the register of legal persons and the business number, or, for foreign companies, the register in which the acts referred to in Article 3, paragraph 2, of Directive 68/151/EEC were filed for each of the merging companies and the registration number in that register;
(c) an indication, for each of the merging companies, of the terms and conditions for the exercise of the rights of creditors and, where applicable, of the minority partners of the merging companies and the address to which, at no cost, comprehensive information on these terms and conditions may be obtained.
Art. 772/8. In each company, the management body prepares a written and detailed report for the partners who expose the heritage situation of the companies called to be merged and who explain and justify, from the legal and economic point of view, the opportunity, conditions and modalities of the cross-border merger, the consequences of the cross-border merger for the partners, creditors and employees, the methods used for determining the value of the exchange report
Partners and representatives of employees or, where there are no representatives, employees themselves have the right, no later than one month before the date of the general assembly that will decide on the proposed merger, to be informed at the company's head office of the report referred to in paragraph 1er.
If the organizations of workers represented on the board of business make a notice in the context of the information provided for in Article 11 of the Collective Labour Convention No. 9 of 9 March 1972 and that it reaches the management body in due course, this notice is attached to the report referred to in paragraph 1er.
Art. 772/9. § 1er. A written report on the cross-border merger project is prepared in each company, either by the Commissioner or, where there is no Commissioner, by a business reviewer or by an external auditor designated by the directors or managers.
The Commissioner, the business reviewer or the designated external auditor must state, in particular, whether or not the exchange report is relevant and reasonable.
The declaration must at least:
1° indicate the methods used to determine the proposed exchange report;
2° indicate whether these methods are appropriate in this case and indicate the values to which each of these methods conduct, with a view of the relative importance given to these methods in determining the value retained.
The report also indicates the specific evaluation difficulties if there are any.
The Commissioner, Business Reviewer or Designated External Accountant may obtain companies that combine that they are provided with all the information they need.
Where the report concerns an absorbent company that has the form of a limited liability private corporation, a limited liability cooperative corporation, a European corporation or anonymous corporation, sections 313, 423 or 602 do not apply.
§ 2. Instead of the Commissioner, the Registrar of Businesses or the Designated Accountant acting on behalf of each of the companies that are merging, one or more Commissioners, Revisors of Designated Businesses or External Accountants, upon joint request of these companies, designated or approved for that purpose by the President of the Commercial Court, pursuant to Article 588, 17°, of the Judicial Code, may examine the proposed cross-border merger
§ 3. Neither a review of the joint cross-border merger project by the Commissioner, the business reviewer or the designated auditor or the report referred to in § 1er are not required if all partners of each of the companies participating in the cross-border merger have so decided.
§ 4. For the transaction assimilated to the cross-border merger, the report referred to in § 1er is not required.
Art. 772/10. § 1er. In each company, the cross-border merger project and the reports provided for in sections 772/8 and 772/9 as well as the possibility reserved for shareholders and associates to obtain such documents without charge are announced in the agenda of the general assembly to be decided on the draft cross-border merger.
§ 2. A partner also has the right, at least one month before the date of the meeting of the General Assembly to decide on the draft cross-border merger, to take note at the head office of the following documents:
1° the cross-border merger project;
2° the reports referred to in articles 772/8 and 772/9;
3° the annual accounts of the last three years, of each of the merging companies;
4° for anonymous companies, stock-based companies, limited liability private companies, European companies and limited liability cooperative companies, directors' reports, executive board members, supervisory board members or managers, and the reports of commissioners of the last three years;
5° where the proposed cross-border merger is not less than six months after the end of the fiscal year to which the last annual accounts relate, a statement of account that was determined within three months prior to the date of the proposed cross-border merger and written in accordance with paragraphs 2 to 4.
This accounting statement is based on the same methodology and the same presentation as the last annual accounts.
However, a new inventory is not required.
The changes in the evaluations in the last balance sheet may be limited to those resulting from writing movements. However, it must be taken into account interim depreciations and provisions as well as significant changes in values that do not appear in the scriptures.
§ 3. Any partner may obtain, at no cost and on a simple request, a full copy or, if he wishes, a partial copy of the documents referred to in § 2, except those transmitted to him under § 1er.
Art. 772/11. § 1er. Without prejudice to the specific provisions set out in this article and subject to more stringent statutory provisions, the General Assembly may decide on the cross-border merger of society only in accordance with the following rules of presence and majority:
1° those attending the meeting must represent at least half of the social capital. If this condition is not fulfilled, a new convocation will be necessary and the new assembly will deliberate and rule validly, regardless of the portion of the capital represented;
2(a) a proposal for cross-border merger is accepted only if it brings together three quarters of the vote;
(b) in single-managed societies and cooperative societies, the right to vote of the partners is proportional to their share in social ownership and the quorum of presence is calculated in relation to social ownership.
By derogation from the previous paragraph, approval by the General Assembly of the resumed company is not required for the transaction assimilated to the absorption merger.
§ 2. If there are several categories of shares, securities or shares, whether or not representative of the capital expressed in the statutes, and if the cross-border merger results in a change of their respective rights, section 560, paragraph 4, applies.
§ 3. The agreement of all partners is required:
1° in absorbent or absorbent societies that are collectively named societies;
2° in societies to be absorbed when the absorbing society is:
(a) a collective partnership;
(b) a single limited partnership;
(c) an unlimited liability cooperative corporation.
In cases referred to in paragraph 1er, the unanimous agreement of non-representative shareholders of social capital is, if necessary, required.
§ 4. In simple sponsorship companies and in share-sponsored companies, the agreement of all sponsorship partners is also required.
§ 5. The general assembly of each of the merging companies may subordinate the realization of the cross-border merger provided that it expressly endorses the terms and conditions decided for the participation of workers in the society arising from the cross-border merger.
§ 6. Immediately after the cross-border merger decision, any changes in the statutes of the absorbing society, including clauses that would alter its social object, are decided upon under the conditions of presence and majority required by this Code. As long as this amendment of the statutes has not taken place, the cross-border merger decision remains without effect.
§ 7. In each company participating in the merger, the minutes of the general assembly that decides the merger shall be established by authentic act.
The act reproduces the conclusions of the report referred to in section 772/9.
Art. 772/12. The instrumenting notary must verify and certify the existence and legality, both internal and external, of the acts and formalities of the society to which it instruments. To this end, it shall issue without delay a certificate certifying indisputably the correct completion of the acts and formalities before the cross-border merger provided for in this section.
Art. 772/13. The notary controls that the merging companies have approved the common cross-border merger project in the same terms and, where appropriate, that the modalities for the participation of workers have been established in accordance with the provisions made pursuant to Article 16 of Directive 2005/56/EC.
For this purpose, each corporation that merges shall return to the notary referred to in paragraph 1er the certificate provided for in section 772/12, within six months of its issuance, as well as the common cross-border merger project, approved by the General Assembly referred to in section 772/11.
Art. 772/14. The cross-border merger by absorption takes effect on the date on which the instrumenting notary notes the completion of the merger at the request of the merging companies upon presentation of the certificates and other supporting documents of the transaction. During the cross-border merger by the constitution of a new corporation, the new corporation must also be incorporated.
This act is filed and published by extract in accordance with section 74 and, where applicable, acts amending the statutes of the absorbing corporation are filed and published in accordance with section 74.
The King shall determine the notification of the taking of effect of the cross-border merger with the foreign registry where the foreign company is to file its acts. »
Art. 78. The following amendments are made to section 773 of the Code:
(a) in the 1st, the words "and article 743" are replaced by the words ", by article 743, article 772/6 and article 772/7";
(b) in 2°, the words "and articles 746 and 748" are replaced by the words ", articles 746 and 748 and articles 772/8 and 772/9".
CHAPTER IV. - Transposition of Directive 2006/68/EC of the European Parliament and of the Council of 6 September 2006 amending Council Directive 77/91/EEC with regard to the formation of the anonymous society and the maintenance and modification of its capital
Art. 79. The King may, by order until 31 December 2008, take the measures to transpose Directive 2006/68/EC of the European Parliament and the Council of 6 September 2006 amending Council Directive 77/91/EEC with regard to the constitution of the anonymous society and the maintenance and modification of its capital.
Art. 80. Orders under section 79 that are not confirmed by 31 July 2009 shall not be effective.
CHAPTER V. - Amendments to articles 88 bis and 90 ter of the Code of Criminal Investigation
Art. 81. In Article 88bis, § 1er, paragraph 6, of the Code of Criminal Investigation, amended by the Act of 20 July 2006, the words "Article 145, § 3 of the Act of 13 June 2005 on electronic communications" are replaced by the words "Article 145, § 3 and § 3bis of the Act of 13 June 2005 on electronic communications".
Art. 82. In Article 90ter, § 2, of the same Code, the 15th, replaced by the Act of 20 July 2006, is replaced by the following:
"15° to Article 145, § 3 and § 3bis of the Law of June 13, 2005 on electronic communications; "
CHAPTER VI. - Amendment of the Suspension, Suspension and Probation Act of 29 June 1964
Art. 83. In the Dutch text of Article 2, § 2, of the law of June 29, 1964 concerning suspension, suspension and probation, as amended by the laws of March 22nd 1999 and December 27th 2006, the words "het openbaar ministerie" are inserted between the word "kunnen" and the words "of onderzoeksrechter".
CHAPTER VII. - Amendment of Article 782 bis of the Judicial Code
Art. 84. In section 782bis of the Judicial Code, inserted by the Act of April 26, 2007, paragraph 1er is replaced by the following:
"The judgment is pronounced by the president of the chamber who rendered it, even in the absence of the other judges and, except in repressive matters and, where applicable, in disciplinary matters, by the Public Prosecutor's Office. »
PART IX. - Energy
CHAPTER Ier. - Amendment of the Act of 29 April 1999 on the organization of the electricity market
Art. 85. In section 23, paragraph 2, paragraph 2, of the Act of 29 April 1999 on the organization of the electricity market, the following amendments are made:
1° on 3°, repealed by the law of 27 July 2007, is reinstated in the following wording:
"3° monitors transparency and competition in the electricity market in accordance with Article 23bis; »;
2° on 3°bis, repealed by the law of 16 March 2007, is reinstated in the following wording:
"3°bis appreciates the objectively justified nature of the relationship between prices and business costs referred to in Article 23ter; »;
3° paragraph 2 is completed as follows:
"19° ensures that the technical and tariff situation of the electricity sector as well as the evolution of this sector is directed to the general interest and is consistent with the overall energy policy. The Commission ensures continuous monitoring of the electricity market, both in terms of market operation and in terms of prices. The King may specify, on the proposal of the Commission, by order deliberately in the Council of Ministers, the modalities of the permanent monitoring of the electricity market;
20° ensures the essential interests of the consumer and the correct execution of public service obligations by the companies concerned. »
Art. 86. Section 23bis of the Act, inserted by the Act of 20 March 2003, is replaced by the following provision:
"Art. 23bis. The Commission ensures that each electricity company, which provides electricity to customers domiciled in Belgium, refrains, separately or in consultation with one or more electricity companies, from any anti-competitive behaviour or unfair commercial practices that have an effect or may have an effect on a market of efficient electricity in Belgium.
If the Commission finds, in the exercise of its monitoring and control tasks, unfair business practices or anti-competitive behaviour, it shall, at the time of the exercise of its monitoring and control tasks, issue a report to the Minister, and, where appropriate, any action it considers necessary, to be taken by itself or any other competent authority, with a view to remedying unfair trade practices or anti-competitive behaviour that have an effect or may have an effect on Belgium
The Commission denounces alleged offences to the Conseil de la concurrence, transmits the report to the Minister and provides the necessary confidential information.
With regard to unfair trade practices, the King may, on the proposal of the Commission, by order deliberately in the Council of Ministers, specify the urgent measures that the Commission is authorized to take.
The Commission may formulate opinions and propose any measures that promote good functioning and transparency on the market and that is applicable to all electricity companies active in Belgium. »
Art. 87. An article 23ter is inserted in the same law, which reads as follows:
"Art. 23ter. § 1er. Prices offered by an electricity company must be objectively justified against the costs of the company. The Commission appreciates this relationship by comparing, among other things, the costs and prices of the company with the costs and prices of comparable companies if possible internationally.
§ 2. If an electricity company is a related company, abuse of dominant position is presumed if it offers prices and/or conditions that discriminate against unrelated companies.
§ 3. If the Commission finds that there is no objectively justified relationship as referred to in § 1er, it provides an initiative to the Minister for a report that includes its findings and the measures it recommends.
The Commission denounces alleged offences to the Conseil de la concurrence, transmits the report to the Minister and provides the necessary confidential information.
With regard to discriminatory prices and/or conditions, the King may, on the proposal of the Commission, by order deliberately in the Council of Ministers, specify the urgent measures that the Commission is authorized to take.
In terms of prices, the Commission may formulate opinions and propose any measures applicable to all electricity companies operating in Belgium. »
Art. 88. Section 26 of the Act, amended by the Acts of 20 March 2003, 1er June 2005 and 20 July 2006, § 1erbis is inserted, as follows:
« § 1erbis. In carrying out the duties assigned to it under Articles 23 bis and 23ter, the Commission also has the powers and rights described below:
1° to obtain information from electricity companies in any form on matters within its jurisdiction and mission within thirty days of its application;
2° obtain from them reports on their activities or certain aspects thereof;
3° to determine the information to be provided to it by the electricity companies periodically and the periodicity in which such information must be transmitted to it;
4° in the event of refusal to transmit the requested information within 30 days, conduct an on-site visit during which it may consult all the above information and documents necessary for the performance of the missions that are assigned to it and, where appropriate, copy them. »
CHAPTER II. - Amendment of the Act of 12 April 1965 on the transport of gaseous and other products by pipelines
Art. 89. ÷ Article 15/14, § 2, paragraph 2, of the Act of 12 April 1965 on the carriage of gaseous and other products by pipelines, inserted by the Act of 29 April 1999 and last amended by the Act of 16 March 2007, are made the following amendments:
1° on 3°, repealed by the law of 27 July 2007, is reinstated in the following wording:
"3° monitors transparency and competition in the natural gas market in accordance with Article 15/14bis; »;
2° on 3°bis, repealed by the law of 16 March 2007, is reinstated in the following wording:
"3°bis appreciates the objectively justified nature of the relationship between prices and business costs referred to in 15/14ter; »;
3° paragraph 2 is completed as follows:
"12° ensures that the technical and tariff situation of the natural gas sector as well as the evolution of this sector is directed to the general interest and is consistent with the overall energy policy. The Commission ensures continuous monitoring of the natural gas market, both in terms of market operation and in terms of prices. The King may specify, on the proposal of the Commission, by order deliberately in the Council of Ministers, the modalities of permanent monitoring of the natural gas market;
13° ensures the essential interests of the consumer and the correct execution of public service obligations by the companies concerned. »
Art. 90. An article 15/14bis as follows is inserted in the same law:
"Art. 15/14bis. The Commission ensures that each natural gas company, which provides natural gas to customers domiciled in Belgium, refrains, separately or in consultation with one or more natural gas companies, from any anti-competitive behaviour or unfair commercial practices having an effect or likely to have an effect on a market of natural gas that is efficient in Belgium.
If the Commission finds, during the exercise of its monitoring and control tasks, unfair trade practices or anti-competitive behaviour, it shall, at the time of the exercise of its monitoring and control tasks, issue a report to the Minister, and, where appropriate, any action it considers necessary, to be taken by itself or by any other competent authority, with a view to remedying unfair trade practices or anti-competitive behaviour that have an effect or may have an effect on Belgium
The Commission denounces alleged offences to the Conseil de la concurrence, transmits the report to the Minister and provides the necessary confidential information.
With regard to unfair trade practices, the King may, on the proposal of the Commission, by order deliberately in the Council of Ministers, specify the urgent measures that the Commission is authorized to take.
The Commission may formulate opinions and propose any measures that promote good functioning and transparency on the market and which is applicable to all natural gas companies active in Belgium. »
Art. 91. Section 15/14ter is inserted in the same Act, which reads as follows:
"Art.15/14ter. § 1er. Prices offered by a natural gas company must be objectively justified against the costs of the company. The Commission appreciates this relationship by comparing, among other things, the costs and prices of the company with the costs and prices of comparable companies if possible internationally.
§ 2. If a natural gas company is a related company, abuse of dominant position is presumed if it offers prices and/or conditions that discriminate against unrelated companies.
§ 3. If the Commission finds that there is no objectively justified relationship as referred to in § 1er, it provides an initiative to the Minister for a report that includes its findings and the measures it recommends.
The Commission denounces alleged offences to the Conseil de la concurrence, transmits the report to the Minister and provides the necessary confidential information.
With regard to discriminatory prices and/or conditions, the King may, on the proposal of the Commission, by order deliberately in the Council of Ministers, specify the urgent measures that the Commission is authorized to take.
In terms of prices, the Commission may formulate opinions and propose any measures applicable to all active gas companies in Belgium. »
Art. 92. Article 15/16 of the Act, inserted by the Act of 29 April 1999 and amended by the Acts of 16 July 2001, 1er June 2005 and 20 July 2006, § 1erbis is inserted, as follows:
"Art. 15/16. § 1erbis. In carrying out the duties assigned to it under articles 15/14bis and 15/14ter, the Commission also has the powers and rights described below:
1° to obtain from natural gas companies any information, in any form, on matters within its competence and mission, within thirty days of its application;
2° obtain from them reports on their activities or certain aspects thereof;
3° to determine the information to be provided periodically by natural gas companies and the periodicity with which such information is to be transmitted;
4° in the event of refusal to transmit the requested information within 30 days, conduct an on-site visit during which it may consult all the above information and documents necessary for the performance of the missions that are carried out to it and, where appropriate, copy them. »
CHAPTER III. - Establishment of access tariffs for distribution, local transport or regional transportation of electricity and the use of electricity with the exception of networks that have a transmission function
Art. 93. Section 12octies of the Act of 29 April 1999 on the organization of the electricity market, inserted by the law of 1er June 2005, is replaced by the following provision:
"Art. 12octies. § 1er. This section applies to managers of distribution, local transportation or regional transportation networks with the exception of networks that have a transmission function.
The definition of Article 2, 31° is also of application.
§ 2. The connection to the distribution network, the use of the network and the provision of the auxiliary services by the network manager is made on the basis of tariffs proposed by the network manager and subject to the approval of the Commission, pursuant to the procedure referred to in § 8, 4°.
§ 3. The total income required for the performance of legal and regulatory obligations to the network manager is subject to Commission approval. This total income includes:
1° all the costs necessary for the exercise, by the network manager during the regular period, of the tasks involved, including financial expenses;
2° a fair margin and depreciation, both necessary to ensure the network manager the optimal operation, the necessary future investments and the sustainability of the distribution network;
3° where applicable, the performance of public service obligations, and
4° if applicable, the overloads applied on the rates.
§ 4. The rates are as follows:
1° they are non-discriminatory and transparent;
2° they allow the balanced development of the distribution network in accordance with the various investment plans of the network manager;
3° they are comparable to best tariff practices applied by comparable network managers;
4° they allow the network manager to generate the total income referred to in Article 12octies, § 3;
5° they aim to optimize the use of the network capacity;
6° they are sufficiently decomposed, including:
(a) depending on the terms and conditions of use of the distribution network;
(b) in respect of auxiliary services;
(c) with regard to possible overloads for public service obligations;
7° The tariff structures are uniform throughout the territory of the distribution network manager without differentiation by geographic area.
§ 5. Without prejudice to the Commission's assessment and control authority, the total income for the first year of the regular period is used as a reference to the evolution of total income for the following years of the four-year regular period, taking into account the following evolutionary rules:
1° the categories of total income components as referred to in section 12octies, § 3, 1°, and which relate to costs on which the network manager does not have direct control and which are necessary to the security, efficiency and reliability of the network evolve annually according to the corresponding costs supported by the network manager;
2° the categories of total income components, as referred to in section 12octies, § 3, 1°, which relate to costs on which the network manager has direct control and which are necessary for the safety, efficiency and reliability of the network, evolve annually on the basis of an objective indexing formula that ensures the coverage of the network manager's obligations in accordance with this Act. After the Commission's opinion, the objective indexing formula is fixed by the King after deliberation in the Council of Ministers;
3° depreciation changes annually based on investments, which include both development investments and alternative investments;
4° the profit margin changes annually according to the evolution of the regulated asset and the rate of return referred to in § 8, 1°;
5° interest charges change annually depending on the evolution of interest rates.
§ 6. The network manager shall, before each regular period, introduce to the Commission for approval a tariff proposal drawn up on the basis of the total income referred to in section 12octies, § 3, in accordance with the procedure referred to in § 8, 4°.
§ 7. The network manager may, during a regular period, submit to the Commission an updated tariff proposal that addresses new services and/or the adaptation of existing services. This proposal is introduced and instructed by the Commission in accordance with the procedure for applying the tariff proposal. This updated tariff proposal takes into account the total income and tariff proposal approved by the Commission, without altering the total income and the existing tariff structure.
§ 8. The King, on the proposal of the Commission established in consultation with the network manager and submitted within forty calendar days of receipt of the Minister's request, shall, after consultation with the regions and after deliberation in the Council of Ministers, determine the following rules:
1° to the methodology for determining the total income and the fair margin referred to in Article 12, § 2, 2°; This methodology includes:
a) a definition of the regulated asset;
(b) the rules of evolution of the assets regulated over time;
(c) a determination of a return rate on this regulated asset that corresponds to a return that investors, in competitive markets, may expect to obtain for long-term investments with similar risks, in accordance with the best practices of the international financial market;
2° to the knee rate structure for network connection rates, network usage rates and auxiliary service rates;
3° to the treatment of the balance (positive or negative) between the reported costs and the revenues recorded annually during a regular period by the network manager, provided that this balance results from a difference between the unmanageable real costs borne by the network manager and the forecasting non-managerial costs, and/or a difference between the actual volumes and the forecasting volumes of sale of the network manager;
4° to the procedure of:
(a) proposal and approval of total income and rates for the first year of each regulatory period;
(b) monitoring compliance with the rules of evolution of total income during the regular period, as referred to in § 5 and rates during the regular period;
(c) Publication of tariffs;
5° to annual reports and information that the network manager must provide to the Commission for the control of its tariffs by the Commission;
6° to the objectives that the network manager must pursue in terms of cost control;
§ 9. The reporting templates to be transmitted by the network manager to the Commission are developed by the Commission, after consultation with the network manager.
§ 10. In the event of a default period of exceptional circumstances beyond the control of the network manager, the network manager shall submit to the Commission for approval a reasoned request for a review of the rules for determining the total income referred to in Article 12, § 2, for the years to come of the regulatory period.
At the end of each four-year regular period, the network manager determines the balance (positive or negative) between the costs incurred and revenues recorded during the regular period by the network manager, provided that this balance results from a difference between the actual unmanageable costs supported by the network manager and the non-manageable costs forecasted, and/or a difference between the actual volumes and the forecast volumes of the network.
The Committee shall inform the Commission of this balance and shall provide evidence of this fact.
The distribution of this balance is determined by a deliberate order in the Council of Ministers. »
CHAPTER IV. - Establishment of access tariffs to and use of natural gas distribution networks
Art. 94. Article 15/5decies of the Act of 12 April 1965 concerning the carriage of gaseous and other products by pipeline, inserted by the law of 1er June 2005, is replaced by the following provision:
"Art. 15/5decies. § 1er. This section applies to distribution network managers.
Definition of Article 1er, 46° is also of application.
Customers and holders of supply authorizations may access any natural gas distribution network on the basis of tariffs established in accordance with the provisions of this section and approved by the Commission.
§ 2. The distribution network manager determines the total income required to fulfill its legal and regulatory obligations in order to establish distribution rates. This total income is subject to Commission approval.
§ 3. The income referred to in § 2 covers the regular period of four years, including:
1° all actual costs required for the performance of tasks to the distribution manager;
2° a fair margin and depreciation, both necessary to ensure the optimal operation, the necessary future investments and the sustainability of the network;
3° where applicable, the performance of public service obligations under section 15/11;
4° where applicable, overloads applied on rates under the law.
§ 4. The rates are as follows:
1° they are non-discriminatory and transparent;
2° they cover income as specified in § 2;
3° they allow the balanced development of the network;
4° they are comparable to best tariff practices applied by comparable network managers in similar circumstances;
5° they aim to optimize the use of the network capacity;
6° they are sufficiently decomposed, including:
(a) depending on the terms and conditions of use of the network;
(b) in respect of auxiliary services;
(c) with regard to possible overloads for public service obligations;
7° the tariff structures are uniform throughout the territory of the distribution network manager without differentiation by geographic area.
§ 5. The Network Manager submits an application for approval of its tariffs to the Commission as well as auxiliary service rates. It publishes these approved rates.
§ 6. The total income is fixed for a period of four years and the rates are for an identical period. This four-year statutory period begins at the time of tariff entry into force.
Total income is decomposed on a unit basis to obtain rates. These rates must meet the financial flow required by the network manager each year to meet their obligations under this Act.
§ 7. Without prejudice to the Commission's assessment and control authority, the total income for the first year of the regular period is used as a reference to the evolution of total income for the following years of the four-year regular period, taking into account the following evolutionary rules:
1° the categories of total income components as referred to in § 3 and which relate to costs on which the manager does not have direct control and which are necessary for the safety, efficiency and reliability of the natural gas distribution network and that evolve according to the corresponding costs supported by the manager. Manageable costs evolve on the basis of an objective indexing formula, which ensures the coverage of the network manager's obligations under this Act. After the Commission's opinion, the objective indexing formula is fixed by the King after deliberation in the Council of Ministers;
2° the amortizations evolve annually according to the investment plan;
3° the profit margin changes annually according to the evolution of the regulated asset and the rate of return referred to in § 2;
4° interest charges evolve according to the evolution of interest rates.
§ 8. Managers introduce to the Commission, for approval, an income and tariff proposal, based on the total income referred to in § 3.
§ 9. The manager may, during a regular period, submit to the Commission an updated tariff proposal covering new services and/or the adaptation of existing services. This proposal is introduced and instructed by the Commission in accordance with the application procedure for the tariff proposal. This updated tariff proposal takes into account the total income and tariff proposal approved by the Commission, without altering the total income and the existing tariff structure.
§ 10. After consultation with the regions, the King, after deliberation in the Council of Ministers, on proposals of the Commission established in consultation with the network manager and submitted within forty calendar days of receipt the Minister's request, shall establish the rules relating to:
1° to the methodology for determining the total income that includes the fair margin referred to in section 15/5decies; this methodology specifies:
a) a definition of the regulated asset taking into account depreciation and new investments;
(b) depreciation allowances;
(c) a rate of return on this regulated asset taking into account a reasonable distribution between equity and borrowed funds, in accordance with the best practices of the international financial market, enabling investors in competitive markets to expect the same long-term return as for investments with similar risks;
2° to the general rate structure and basic principles and tariff procedures;
3° to the procedure for proposal, approval, refusal and publication of tariffs, excluding its motivation under this section;
4° to annual reports and information that managers must provide to the Commission for the control of its tariffs by the Commission;
5° to the objectives that managers must pursue in terms of cost control;
6° to year-over-year income differentials and caused by a significant increase in capacity sales.
§ 11. In the event of an exceptional circumstances beyond the control of the manager during a regular period, the manager shall submit to the Commission a justified request for a review of the rules for determining the total income referred to in § 2 for the coming years of the regular period.
At the end of each four-year regular period, the manager determines the balance (positive or negative) between the costs incurred and the revenues recorded during the regular period, provided that the balance results from a difference between the actual non-managerable costs and the anticipated non-managerial costs, and/or a difference between the actual volumes and the anticipated sales volumes of the manager. The Committee shall inform the Commission of this balance and provide the evidence of this fact. The distribution of this balance is determined by a royal decree, deliberated in the Council of Ministers. »
CHAPTER V. - Amendment to the Act of 26 January 2006 on the detention of mandatory oil and petroleum stocks and the establishment of an agency for the management of part of these stocks and amending the Act of 10 June 1997 on the general regime, detention, traffic and controls of goods subject to access
Art. 95. Section 5, § 2, 4°, of the Act of 26 January 2006 on the detention of mandatory oil and petroleum products stocks and the establishment of an agency for the management of part of these stocks and amending the Act of 10 June 1997 on the general regime, the detention, traffic and controls of products subject to access, inserted by the law of 27 December 2006, is replaced by the following provision:
"4° made available by registered oil companies that do not have an individual storage obligation, but voluntarily decide to own an individual stock equivalent to the individual obligation referred to in Article 4, § 1erThree. »
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 8 June 2008.
ALBERT
By the King:
The Prime Minister,
Y. LETERME
Minister of Finance,
D. REYNDERS
The Minister of Social Affairs and Public Health,
Mrs. L. ONKELINX
Minister of Justice,
J. VANDEURZEN
The Minister of Employment,
Mrs. J. MILQUET
Minister of Independents,
Mrs. S. LARUELLE
The Minister of Pensions,
Mrs. Mr. ARENA
Minister of Energy,
P. MAGNETTE
Minister for Business and Simplification,
VAN QUICKENBORNE
Seal of the state seal:
Minister of Justice,
J. VANDEURZEN
____
Note
(1) Documents of the House of Representatives:
52-1012 - 2007/2008:
001: Bill.
002 to 004: Amendments.
005: Report.
006: Amendments.
007 and 008: Reports.
009: Amendment.
010 and 011: Reports.
012: Text corrected by the commissions.
013: Report.
014: Amendments in plenary meeting.
015: Text adopted in plenary and transmitted to the Senate.
Full report: 8 May 2008.
Documents of the Senate:
4-739 - 2007/2008:
Number 1: Project referred to by the Senate.
No. 2: Amendments.
nbones 3-5: Reports.
No. 6: Decision not to amend.
Annales of the Senate: May 29, 2008.