Law On The Miscellaneous Provisions (I) (1)

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

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Posted the: 2008-06-16 Numac: 2008202046 FEDERAL CHANCELLERY of the Prime Minister PUBLIC SERVICE June 8, 2008. -Law concerning various provisions (I) (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: title I:. -Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
TITLE II. -Finance chapter I. -Confirmation of a royal decree made pursuant to article 109, paragraph 3, of the Code of tax on the value added art. 2. the order royal of 21 December 2006 amending the Code of value added tax, is confirmed with effect from January 1, 2007, date of its entry into force.
CHAPTER II. -Excise duties Article 3. in article 415 of the programme act of 27 December 2004, § 1, the last paragraph is replaced by the following: "are considered to be"intended to be used as fuel or fuel", products which the producer or recipient can be assumed, until evidence to the contrary, that they are intended for this purpose. ' s. 4A article 418, § 1, of the Act, the following amendments are made: 1 ° in the first paragraph, the words "provided by" shall be replaced by the words "of chapter II. -Production, processing and holding and chapter III. -Circulation";
2 ° the last subparagraph is replaced by the following: "are considered to be"intended to be used as fuel or fuel", the products which the producer or recipient can be assumed, until evidence to the contrary, that they are intended for this purpose. ';
3 ° the § 1 is supplemented by a paragraph worded as follows: "(for the purposes of paragraph 1, c), means by" commercial movements in bulk ", the transport of unpackaged products in containers that are an integral part of the means of transport (truck, tank, tanker, or other means of transport y assimilated) or in ISO tanks.» Includes the transport of unpackaged products in other containers exceeding 210 litres in volume. » Art. 5. article 419 of the Act, as amended by the laws of December 27, 2005, June 10, 2006, December 7, 2006 and February 25, 2007 and the Royal Decrees of September 14, 2007 and November 29, 2007, is replaced as follows: «art.» 419. when they are released for consumption in the country, electricity and energy products below are subject to a rate of excise duty, fixed as follows: has) leaded petrol falling within CN codes 2710 11 31, 2710 11 51 and 2710 11 59:-excise duty: 245,4146 EUR per 1 000 litres at 15 ° C;
-special excise duty: 363,6238 EUR per 1 000 litres at 15 ° C;
-energy levy: 28,6317 EUR per 1 000 litres at 15 ° C;
(b) unleaded petrol falling within code NC 2710 11 49: i) high-sulphur or aromatics:-excise duty: 245,4146 EUR per 1 000 litres at 15 ° C;
-special excise duty: 363,6238 EUR per 1 000 litres at 15 ° C;
-energy levy: 28,6317 EUR per 1 000 litres at 15 ° C;
(ii) * with low sulphur and aromatics:-excise duty: 245,4146 EUR per 1 000 litres at 15 ° C;
-special excise duty: 348,6238 EUR per 1 000 litres at 15 ° C;
-energy levy: 28,6317 EUR per 1 000 litres at 15 ° C;
* with low sulphur content and in aromatic, completed at least 7% vol of bioethanol falling within CN code 2207 10 00 of an alcoholic strength by volume of at least 99% vol, pure or in the form of ETBE falling within CN code 2909 19 00, and which is not of synthetic origin:-excise duty: 245,4146 EUR per 1 000 litres at 15 ° C;
-special excise duty: 305,0369 EUR per 1 000 litres at 15 ° C;
-energy levy: 28,6317 EUR per 1 000 litres at 15 ° C;
c) unleaded petrol falling within CN codes 2710 11 41 and 2710 11 45: i) not mixed:-excise duty: 245,4146 EUR per 1 000 litres at 15 ° C;
-special excise duty: 348,6238 EUR per 1 000 litres at 15 ° C;
-energy levy: 28,6317 EUR per 1 000 litres at 15 ° C;
(ii) completed at least 7% vol of bioethanol falling within CN code 2207 10 00 of an alcoholic strength by volume of at least 99% vol, pure or in the form of ETBE falling within CN code 2909 19 00, and which is not of synthetic origin:-excise duty: 245,4146 EUR per 1 000 litres at 15 ° C;
-special excise duty: 305,0369 EUR per 1 000 litres at 15 ° C;
-energy levy: 28,6317 EUR per 1 000 litres at 15 ° C;
(d) kerosene falling within CN codes 2710 19 21 and 2710 19 25: i) used as fuel:-excise duty: 294,9933 EUR per 1 000 litres at 15 ° C;
-special excise duty: 256,8177 EUR per 1 000 litres at 15 ° C;
-energy levy: 28,6317 EUR per 1 000 litres at 15 ° C;
((ii) used as a fuel for industrial and commercial applications: * the large consuming with agreement or environmental permit enterprises (exclusively for the uses provided for in article 420, § 4, a) and b)):-excise duty: EUR 0 per 1 000 litres at 15 ° C;
-special excise duty: EUR 0 per 1 000 litres at 15 ° C;
-energy levy: 0 EUR per 1 000 litres at 15 ° C;
((companies with agreement or environmental permits (exclusively for the uses provided for in article 420, § 4, a) and b)):-excise duty: 9,2960 EUR per 1 000 litres at 15 ° C;
-special excise duty: 1,2040 EUR per 1 000 litres at 15 ° C;
-energy levy: 0 EUR per 1 000 litres at 15 ° C;
* other:-excise duty: 18,5920 EUR per 1 000 litres at 15 ° C;
-special excise duty: 2,4080 EUR per 1 000 litres at 15 ° C;
-energy levy: 0 EUR per 1 000 litres at 15 ° C;
(iii) used as fuel: professional consumption: * the large consuming with agreement or environmental permit enterprises:-excise duty: EUR 0 per 1 000 litres at 15 ° C;
-special excise duty: EUR 0 per 1 000 litres at 15 ° C;
-energy levy: 0 EUR per 1 000 litres at 15 ° C;
companies with agreement or environmental permit:-excise duty: EUR 0 per 1 000 litres at 15 ° C;
-special excise duty: EUR 0 per 1 000 litres at 15 ° C;
-energy levy: 8,9738 EUR per 1 000 litres at 15 ° C;
* other businesses:-excise duty: EUR 0 per 1 000 litres at 15 ° C;
-special excise duty: EUR 0 per 1 000 litres at 15 ° C;
-energy levy: 17,9475 EUR per 1 000 litres at 15 ° C;
non-professional consumer:-excise duty: EUR 0 per 1 000 litres at 15 ° C;
-special excise duty: EUR 0 per 1 000 litres at 15 ° C;
-energy levy: 17,9475 EUR per 1 000 litres at 15 ° C;
(e) gas oil falling within CN codes 2710 19 41, 2710 19 45 and 2710 19 49 with a content by weight of sulphur exceeding 10 mg/kg: i) used as fuel:-excise duty: 198,3148 EUR per 1 000 litres at 15 ° C;
-special excise duty: 119,7063 EUR per 1 000 litres at 15 ° C;
-energy levy: 14,8736 EUR per 1 000 litres at 15 ° C;
((ii) used as a fuel for industrial and commercial applications: * the large consuming with agreement or environmental permit enterprises (exclusively for the uses provided for in article 420, § 4, a) and b)):-excise duty: EUR 0 per 1 000 litres at 15 ° C;
-special excise duty: EUR 0 per 1 000 litres at 15 ° C;
-energy levy: 0 EUR per 1 000 litres at 15 ° C;
((companies with agreement or environmental permits (exclusively for the uses provided for in article 420, § 4, a) and b)):-excise duty: 9,2960 EUR per 1 000 litres at 15 ° C;
-special excise duty: 1,2040 EUR per 1 000 litres at 15 ° C;
-energy levy: 0 EUR per 1 000 litres at 15 ° C;
* other:-excise duty: 18,5920 EUR per 1 000 litres at 15 ° C;
-special excise duty: 2,4080 EUR per 1 000 litres at 15 ° C;
-energy levy: 0 EUR per 1 000 litres at 15 ° C;
(iii) used as fuel: professional consumption: * the large consuming with agreement or environmental permit enterprises:-excise duty: EUR 0 per 1 000 litres at 15 ° C;
-special excise duty: EUR 0 per 1 000 litres at 15 ° C;
-control fee: EUR 0 per 1 000 litres at 15 ° C;
-energy levy: 0 EUR per 1 000 litres at 15 ° C;
companies with agreement or environmental permit:-excise duty: EUR 0 per 1 000 litres at 15 ° C;
-special excise duty: EUR 0 per 1 000 litres at 15 ° C;
-control fee: EUR 5 per 1 000 litres at 15 ° C;
-energy levy: 4,2427 EUR per 1 000 litres at 15 ° C;
* other businesses:-excise duty: EUR 0 per 1 000 litres at 15 ° C;
-special excise duty: EUR 0 per 1 000 litres at 15 ° C;
-control fee: 10 EUR per 1 000 litres at 15 ° C;
-energy levy: 8,4854 EUR per 1 000 litres at 15 ° C;
non-professional consumer:-excise duty: EUR 0 per 1 000 litres at 15 ° C;
-special excise duty: EUR 0 per 1 000 litres at 15 ° C;
-control fee: 10 EUR per 1 000 litres at 15 ° C;
-energy levy: 8,4854 EUR per 1 000 litres at 15 ° C;
(f) gas oil falling within code NC 2710 19 41 with a content by weight of sulphur not exceeding 10 mg/kg: i) used as fuel: * unmixed:-excise duty: 198,3148 EUR per 1 000 litres at 15 ° C;
-special excise duty: 104,7063 EUR per 1 000 litres at 15 ° C;
-energy levy: 14,8736 EUR per 1 000 litres at 15 ° C;
* complete at least 5% theft EMAG falling within CN code 3824 90 99 and corresponding to the NBN-EN 14214 standard:-excise duty: 198,3148 EUR per 1 000 litres at 15 ° C;
-special excise duty: 88,8116 EUR per 1 000 litres at 15 ° C;
-energy levy: 14,8736 EUR per 1 000 litres at 15 ° C;
II)

used as fuel for industrial and commercial applications: * the large consuming with agreement or environmental permit enterprises (exclusively for the uses provided for in article 420, § 4, a) and b)):-excise duty: EUR 0 per 1 000 litres at 15 ° C;
-special excise duty: EUR 0 per 1 000 litres at 15 ° C;
-energy levy: 0 EUR per 1 000 litres at 15 ° C;
((companies with agreement or environmental permits (exclusively for the uses provided for in article 420, § 4, a) and b)):-excise duty: 9,2960 EUR per 1 000 litres at 15 ° C;
-special excise duty: 1,2040 EUR per 1 000 litres at 15 ° C;
-energy levy: 0 EUR per 1 000 litres at 15 ° C;
* other:-excise duty: 18,5920 EUR per 1 000 litres at 15 ° C;
-special excise duty: 2,4080 EUR per 1 000 litres at 15 ° C;
-energy levy: 0 EUR per 1 000 litres at 15 ° C;
(iii) used as fuel: professional consumption: * the large consuming with agreement or environmental permit enterprises:-excise duty: EUR 0 per 1 000 litres at 15 ° C;
-special excise duty: EUR 0 per 1 000 litres at 15 ° C;
-control fee: EUR 0 per 1 000 litres at 15 ° C;
-energy levy: 0 EUR per 1 000 litres at 15 ° C;
companies with agreement or environmental permit:-excise duty: EUR 0 per 1 000 litres at 15 ° C;
-special excise duty: EUR 0 per 1 000 litres at 15 ° C;
-control fee: EUR 5 per 1 000 litres at 15 ° C;
-energy levy: 3,5511 EUR per 1 000 litres at 15 ° C;
* other businesses:-excise duty: EUR 0 per 1 000 litres at 15 ° C;
-special excise duty: EUR 0 per 1 000 litres at 15 ° C;
-control fee: 10 EUR per 1 000 litres at 15 ° C;
-energy levy: 7,1022 EUR per 1 000 litres at 15 ° C;
non-professional consumer:-excise duty: EUR 0 per 1 000 litres at 15 ° C;
-special excise duty: EUR 0 per 1 000 litres at 15 ° C;
-control fee: 10 EUR per 1 000 litres at 15 ° C;
-energy levy: 7,1022 EUR per 1 000 litres at 15 ° C;
The entry into force of a rate 5,7190 EUR per 1 000 litres at 15 ° C for the energy levy may be fixed by royal decree deliberated in the Council of Ministers.
(g) heavy fuel oil falling within codes 2710 19 61 to 2710 19 69 NC: professional consumption: * the business intensive with agreement or environmental permit (excluding consumption to produce electricity):-excise duty: 0 EUR per 1000 kg;
-special excise duty: 0 EUR per 1000 kg;
-energy levy: 0 EUR per 1000 kg;
companies with agreement or environmental permit (excluding consumption to produce electricity):-excise duty: 6.50 EUR per 1000 kg;
-special excise duty: 1 EUR per 1000 kg;
-energy levy: 0 EUR per 1000 kg;
* other businesses (excluding consumption to produce electricity):-excise duty: 13 EUR per 1000 kg;
-special excise duty: 2 EUR per 1000 kg;
-energy levy: 0 EUR per 1000 kg;
* consumption for generating electricity:-excise duty: 13 EUR per 1000 kg;
-special excise duty: 2 EUR per 1000 kg;
-energy levy: 0 EUR per 1000 kg;
* non-professional consumer:-excise duty: 13 EUR per 1000 kg;
-special excise duty: 2 EUR per 1000 kg;
-energy levy: 0 EUR per 1000 kg;
(h) liquefied petroleum falling within codes 2711 12 11 to 2711 19 00: i) used as fuel:-excise duty: 0 EUR per 1000 kg;
-special excise duty: 0 EUR per 1000 kg;
-energy levy: 0 EUR per 1000 kg;
((ii) used as a fuel for industrial and commercial applications: * the large consuming with agreement or environmental permit enterprises (exclusively for the uses provided for in article 420, § 4, a) and b)):-excise duty: 0 EUR per 1000 kg;
-special excise duty: 0 EUR per 1000 kg;
-energy levy: 0 EUR per 1000 kg;
((businesses with agreement or environmental permits (exclusively for the uses provided for in article 420, § 4, a) and b)):-excise duty: 18,5920 EUR per 1000 kg;
-special excise duty: 1,9080 EUR per 1000 kg;
-energy levy: 0 EUR per 1000 kg;
* other:-excise duty: 37,1840 EUR per 1000 kg;
-special excise duty: 3,8160 EUR per 1000 kg;
-energy levy: 0 EUR per 1000 kg;
(iii) used as fuel: professional consumption: * the large consuming with agreement or environmental permit enterprises:-excise duty: 0 EUR per 1000 kg;
-special excise duty: 0 EUR per 1000 kg;
-energy levy:-for code NC 2711 13 butane: 0 EUR per 1000 kg;
-for propane code NC 2711 12: 0 EUR per 1000 kg;
companies with agreement or environmental permit:-excise duty: 0 EUR per 1000 kg;
-special excise duty: 0 EUR per 1000 kg;
-energy levy:-for butane CN code 2711 13: 8,5523 EUR per 1000 kg;
-for propane of CN code 2711 12: 8,6762 EUR per 1000 kg;
* other businesses:-excise duty: 0 EUR per 1000 kg;
-special excise duty: 0 EUR per 1000 kg;
-energy levy:-for butane CN code 2711 13: 17,1047 EUR per 1000 kg;
-for propane of CN code 2711 12: 17,3525 EUR per 1000 kg;
non-professional consumer:-excise duty: 0 EUR per 1000 kg;
-special excise duty: 0 EUR per 1000 kg;
-energy levy:-for butane CN code 2711 13: 17,1047 EUR per 1000 kg;
-for propane of CN code 2711 12: 17,3525 EUR per 1000 kg;
(i) natural gas falling within CN codes 2711 11 00 and 2711 21 00: i) used as fuel:-excise duty: 0 EUR per MWh (calorific value);
-special excise duty: 0 EUR per MWh (calorific value);
-energy levy: 0 EUR per MWh (calorific value);
((ii) used as a fuel for industrial and commercial applications: * the large consuming with agreement or environmental permit enterprises (exclusively for the uses provided for in article 420, § 4, a) and b)):-excise duty: 0 EUR per MWh (calorific value);
-special excise duty: 0 EUR per MWh (calorific value);
-energy levy: 0 EUR per MWh (calorific value);
((companies with agreement or environmental permits (exclusively for the uses provided for in article 420, § 4, a) and b)):-excise duty: 0 EUR per MWh (calorific value);
-special excise duty: 0 EUR per MWh (calorific value);
-energy levy: 0 EUR per MWh (calorific value);
* other:-excise duty: 0 EUR per MWh (calorific value);
-special excise duty: 0 EUR per MWh (calorific value);
-energy levy: 0 EUR per MWh (calorific value);
(iii) used as fuel: professional consumption: * the large consuming with agreement or environmental permit enterprises:-excise duty: 0 EUR per MWh (calorific value);
-special excise duty: 0 EUR per MWh (calorific value);
-energy levy: 0 EUR per MWh (calorific value);
companies with agreement or environmental permit:-excise duty: 0 EUR per MWh (calorific value);
-special excise duty: 0 EUR per MWh (calorific value);
-energy levy: 0,0942 EUR per MWh (calorific value);
(* others: has) the total annual quantity delivered by end user is equal to or greater than 976,944 MWh (calorific value):-excise duty: 0 EUR per MWh (calorific value);
-special excise duty: 0 EUR per MWh (calorific value);
-energy levy: 0,3642 EUR per MWh (calorific value);
(b) the total annual quantity delivered by end user is less than 976,944 MWh (calorific value):-excise duty: 0 EUR per MWh (calorific value);
-special excise duty: 0 EUR per MWh (calorific value);
-energy levy: 0,9889 EUR per MWh (calorific value);
non-professional consumer:-excise duty: 0 EUR per MWh (calorific value);
-special excise duty: 0 EUR per MWh (calorific value);
-energy levy: 0,9889 EUR per MWh (calorific value);
(j) hard coal, coke and lignite falling within CN codes 2701, 2702 and 2704:-excise duty: 0 EUR per 1.000 kg;
-special excise duty: 8,6526 EUR per 1.000 kg;
-energy levy: 3 EUR per 1.000 kg;
(k) the CN Code 2716 electricity: professional consumption:-provided an end-user connected to the transmission or distribution network with the nominal voltage greater than 1 kV, including an end user identified as a client to a client with high voltage:-excise duty: 0 EUR per MWh.
-special excise duty: 0 EUR per MWh.
-energy levy: 0 EUR per MWh.
-provided to an end-user connected to the transmission or distribution system which the nominal voltage is equal to or less than 1 kV: * the large consuming with agreement or environmental permit enterprises:-excise duty: 0 EUR per MWh.
-special excise duty: 0 EUR per MWh.
-energy levy: 0 EUR per MWh.
companies with agreement or environmental permit:-excise duty: 0 EUR per MWh.
-special excise duty: 0 EUR per MWh.
-assessment

energy: 0,9544 EUR per MWh.
* other businesses:-excise duty: 0 EUR per MWh.
-special excise duty: 0 EUR per MWh.
-energy levy: 1,9088 EUR per MWh.
non-professional consumer:-excise duty: 0 EUR per MWh.
-special excise duty: 0 EUR per MWh.
«- energy levy: 1,9088 EUR per MWh. "art.
6a article 420 of the Act, the following amendments are made: 1 ° § 4, paragraph 3 is replaced by the following: ' (do not qualify as intended for industrial and commercial uses the fuels used to power the engines of the vehicles, other than those referred to under (c))-that are used for the transport of equipment, machines and vehicles referred to in paragraph 1. ';
2 ° article is supplemented by the § 8 worded as follows: ' ' § § 8 8 For the purposes of article 419 k), "a client comparable to a client high voltage" must be understood as an end user supplied by an individualized cable, financed by himself, starting with a cabin of transformation belonging to the network of high voltage. Affected customers are identified by the network manager. » Art. (7A section 429 of the Act, as amended by the laws of 27 December 2005, June 10, 2006, December 7, 2006, February 25, 2007, and April 27, 2007, the following changes are made: 1 ° the § 1, d), is supplemented by a paragraph worded as follows: "shall be considered as included in the aforementioned processes, all activities since the unloading of raw materials. , including the primary crusher, internal raw materials transportation within the manufacturing site and concerning empty packagings and additions handling activities intended for the production, until the finished products in including their transport to a storage location located within the manufacturing site and operations of storage and removal is performed; »;
2 ° in the § 1, f), paragraph 1, the words "including the private pleasure-flying" shall be replaced by the words "other than private pleasure-flying";
(3 ° in the § 1, g), paragraph 1 is replaced by the following: "energy products supplied for use as fuel or fuel for navigation in waters (including fishing), other than private pleasure navigation, and electricity produced on board vessels.";
4 ° in the § 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 the § 2, p), in the text Dutch, the word "demonter" is replaced by the word "been".
(7 ° in § 3, a), i), the text in Dutch, the words "in het kader van wrzuać landbouwactiviteiten" are repealed and the words "in het kader van wrzuać landbouwactiviteiten", shall be inserted between the words "voor verwarmingsdoeleinden" and the words ", in deze ruimtes";
8 ° the §§ 4 and 7 are hereby repealed.
S.
8. article 433 of the Act is supplemented by the words "(et comme carburant pour l'alimentation de moteurs deles de bateaux de plaisance privés visés à l'article 429, § 1er, g) and § 2 g) for navigation on inland waterways and in Community waters".

S. 9 are confirmed for the period during which they were in force:-the royal decree of September 14, 2007 amending the excise rate of gas used as a fuel oil and fixing the date of entry into force of section 31 of the programme act of 11 July 2005;
-the royal decree of 14 September 2007 amending some gasoline excise rates;
-the royal decree of 29 November 2007 amending certain rates of excise duty on road fuel.
S. 10 are hereby repealed:-the royal decree of 15 January 2007 fixing a definition for energy products intended to be used as fuel or fuel;
-article 31 of the programme act of July 11, 2005.
CHAPTER III. -EU directive on markets in financial instruments art. 11. the royal decree of 27 April 2007 transposing the European Directive on markets in financial instruments is confirmed with effect from the date of its entry into force.
CHAPTER IV. -Caisse des Dépôts et Consignations s. 12. article 7 of the royal decree No. 150 of 18 March 1935 coordinating laws relating to the Organization and the functioning of the Caisse des Dépôts et Consignations and with Amendments Act of July 31, 1934, is replaced by the following: «art.» 7. any deposit of securities or money, gives rise to a registration account by the Caisse des Dépôts et Consignations for the benefit of the applicant.
Entries form title to the Caisse des Dépôts et Consignations.
It is issued a certificate of receipt of filing to the applicant.
The assignment and the giving pledge of deposit cannot be opposed to the Fund, if they are not notified according to the forms prescribed by section 32 of this order. » Chapter V. - Miscellaneous insurance art. 13. This chapter transposes inter alia in Belgian law Directive 2005/14/EC of the European Parliament and of the Council of 11 May 2005 amending the 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 of the Council on insurance of the civil liability resulting from the use of motor vehicles.
Section 1st. -Amendments to the law of 21 November 1989 on compulsory insurance of liability for motor vehicles s. 14. in article 3, § 1, of Act of 21 November 1989 on compulsory insurance of liability for motor vehicles, between paragraph 2 and 3 the following subparagraph shall be inserted: "the insurance guarantees for the duration of the contract, each stay of the insured in another European economic area State vehicle. In any case, this stay can be regarded as an aggravation or a decrease of the risk insured, nor lead to a change in the insurance conditions. As soon as the insured vehicle is registered in another State that Belgium, the insurance terminates of right. » Art. 15. article 7 of the Act is replaced by the following provision: «art.» 7 § 1. The insurer shall issue to the policyholder a certificate justifying the insurance contract provided for in article 2.
§
2. It delivers him also within fifteen days of its application and at the end of his contract, a statement relating to the claims of third parties or the absence of such remedies involving the vehicle or vehicles covered by the insurance contract over the past five years at least of the contractual relationship.
§
3. The King may determine the conditions of issuance and withdrawal of the documents referred to in the preceding paragraphs. It can also determine the shape and the particulars which must be included. » Art.
16. article 19A - 7 of the same Act, inserted by the law of August 22, 2002, is supplemented by the following paragraph: "(the Fund address to the Commission the list of persons or institutions exempted from the obligation of insurance on behalf of which are registered the vehicles referred to in article 19A-6, § 1, 4 °), as well as the name and address of the authorities and bodies responsible for the compensation referred to in article 19A-6. (, § 1, 5 °). » Art.
17. article 19A-13, § 3, of the Act, inserted by the law of August 22, 2002, is replaced by the following paragraph: "§ § 3 3» In the case provided for in article 19A-11, § 1, 7 °), and when the accident occurred on the Belgian territory, the King may limit the obligations of the Fund to compensation for damages resulting from bodily injury.
However, this limitation is not allowed when the Fund pays due to important bodily harm incurred by any injured party to an accident in which damage to property were caused by an unidentified vehicle.
Are considered as important bodily harm, bodily injury resulting from an accident which resulted in either: 1. the death of the victim;
2. a disability permanent 15% or more;
3. temporary disability of one month or more;
4. hospitalization of seven days or more.
The King may further clarify the conditions in which bodily injury may be considered significant or complete the list.
The provisions of this paragraph are not applicable to the consequences of accidents which occurred before its entry into force. ' Section 2. -Changes to act of 9 July 1975 on s. insurance companies control (18. article 2, § 6, 8 °, c), Act of 9 July 1975 on the control of insurance undertakings, is supplemented by the following paragraph: ' by way of derogation from the first paragraph, when a motor vehicle referred to in article 1 of the Act of 21 November 1989 relating to compulsory insurance of liability for motor vehicles is consigned from a Member State to another Member State. , the Member State of destination shall be deemed to be the one where the risk is situated, upon acceptance of delivery by the purchaser for a period of thirty days, even though the vehicle only has not been officially registered in the State member of destination; ».
S. 19 A section 68, § 1, 4 °, second indent, of the Act, paragraph 4 is deleted.
Section 3. -Amendments to the law of 25 June 1992 on terrestrial insurance art. 20. article 68-8, § 2, of the law of 25 June 1992 on terrestrial insurance contract, inserted by the law of 21 May 2003 and

partially annulled by the judgment of the Court constitutional No. 2007/039, March 15, 2007, is replaced by the following provision: "§ § 2 2» The insurer may limit the total compensation it will have to pay upon the occurrence of a natural disaster to the lesser of those obtained by applying the following formulae: a) (0.45 x P + 0.05 x S) with a minimum of 2 000 000 EUR;
(b) (1.05 x 0.45 x P) with a minimum of 2 000 000 EUR;
where: P is the collection of premiums and accessories, excluding costs of acquisition and commissions, guarantees fire and related perils more electricity from the simple risks referred to in article 67, paragraph 2, payment made by the insurer during the accounting year preceding the disaster.
S is the amount of compensation payable by the insurer for one 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 compensation that it must pay the lesser of those obtained by applying the following formulae: a) (1.20 x P + 0.05 x is) with a minimum of 2 000 000 EUR;
(b) (1.05 x 1.20 x P) with a minimum of 2 000 000 EUR;
where: P is the collection of premiums and accessories, excluding costs of acquisition and commissions, guarantees fire and related perils more electricity from the simple risks referred to in article 67, paragraph 2, payment made by the insurer during the accounting year preceding the disaster.
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 prescription of article 19, paragraph 3, of the royal decree of 22 February 1991 on the regulation on the control of insurance undertakings and published by the Commission on banking, finance and insurance. » Art. 21. article 20 shall enter into force on July 1, 2008.
TITLE III. -Pensions single chapter. -Adaptation of point IV of the annex to the general law of 21 July 1844 on Civil and ecclesiastical pensions s. 22. in the left-hand column of point IV of the annex to the general law of 21 July 1844 on Civil and ecclesiastical pensions, replaced by the law of 3 February 2003 and amended by acts of July 9, 2004 and April 25, 2007, the following changes are made: 1 ° point D is replaced by the following: "D.1. Controllers;
2. main controllers;
Insofar as holders of these ranks, while retaining their rank, carry out itinerant distribution services as agents of posts distributors as a result of the implementation of project Refocus. »;
2 ° a point E, as follows is added: ' E. all statutory post officers who, under the classification of the functions are named in the functions of 'distributor' and 'distributor in general service', insofar as they carry out itinerant distribution services.»
S. 23. article 22, 1 °, produces its effects on 1 June 2006 and article 22 (2), January 1, 2007.
TITLE IV. -Public health, chapter I. -Amendment of the law of 4 June 2007 amending the legislation to promote the mobility of patients s. 24. article 6, paragraph 1, of the law of 4 June 2007 amending the legislation to promote the mobility of patients, is replaced as follows: ' the Act or some of its provisions come into force on a date to be fixed by the King, by order deliberated in Council of Ministers, and at the latest on July 1, 2009. ".
CHAPTER II. -Commissions medical art. (25 ÷ article 37 of the order royal No. 78 of 10 November 1967 on the practice of the professions of health care, as amended by laws of December 20, 1974, 6 April 1995, 25 January 1999 and 13 December 2006, the following changes are made: 1 ° in the § 1, 2 °, b), paragraph 3, the word "renewable" is replaced by the words "renewable as many times as necessary";
2 ° in the § 1, 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 "suspension" is deleted.
CHAPTER III. -Compulsory insurance for health care and allowances Section 1. -Oxygen medical art. 26. in article 35bis, § 16, of the law on compulsory insurance health care and benefits, co-ordinated on 14 July 1994, inserted by the law of 27 December 2006, the phrases "the King confirms, no later than December 31, 2007, the list of medical oxygen, which is refundable on 1 January 2008 and reimbursable medical devices that are used in oxygen. The King may amend this list from 1 January 2008 ', shall be replaced by the phrases "the King confirms a date to determine the list of medical oxygen and reimbursable medical devices that are used in oxygen. From this date to be determined, the King may amend this list."
Section 2. -Amendment of articles 35A, § 10, 73 and 146bis, § 1, of the Act of 14 July 1994 art. 27A article 35bis, § 10, of the Act, as amended by the law of 24 December 2002 and 13 December 2006, the following changes are made: 1 ° in paragraph 2, the words "subject to specific conditions of repayment" are repealed;
2 ° paragraph 3 is replaced by the following: "the Minister shall designate, either on the proposal of the Commission on drug reimbursement, either after taking the opinion of the national commission on its own initiative, the classes or subclasses therapeutic pharmaceuticals medical or groups of pharmaceutical specialties taken into consideration and adapts the list of specialties refundable in accordance with the procedures laid down by the King."
3 ° paragraph 4 is hereby repealed.
S. 28 A section 73 of the Act, replaced by the law of 24 December 2002 and amended by the royal decree of 17 September 2005 and the laws of 27 December 2005 and 13 December 2006, the following changes are made: 1 ° to the § 2, paragraph 2, the words 'established by the royal decree of 6 December 1994' shall be replaced by the words "established under article 19";
2 ° § 3, paragraph 1, is replaced by the following: "§ § 3 3» The recommendations of good medical practice and indicators referred to in § 2, paragraph 1, are defined on its own initiative by the national Council for the Promotion of quality.
The recommendations referred to in § 2, paragraph 2, that the drug Commission establishes, are proposed at its request or that of the Minister, and within the time determined by a working group tripartite composed equally of representatives of organisations representing doctors within the meaning of article 211, § 1er, insurers and scientific associations. The composition of this working group can be adapted if necessary depending on the nature and the specificities of the recommendations to be issued with due regard to the principle of tripartite composition.
Recommendations prepared by the Working Group tripartite mention also the elements that the health care provider must have to enable the evaluation and monitoring Service medical check according to the procedure referred to in article 146bis that involved pharmaceutical specialities were prescribed in accordance with such recommendations, the period of validity of these elements, the conditions under which they must be renewed, as well as the elements justifying the continuation of treatment established by another provider.
The recommendations of this working group proposals are not presented to the Commission for reimbursement of drugs if they are rejected at the unanimity of the members of one of the three parties concerned. The rejection must be motivated.
The drug Commission may agree in accordance with the proposal drawn up by the working group or dismiss it by reasoned opinion. If it rejects it, it will inform the working group which will make a new proposal or refrain.
Evaluation of medical practices in medicines Committee defines initiative or upon proposal by the Minister, indicators and thresholds referred to in § 2, paragraph 2. » Art. 29 ÷ article 146bis, § 1, inserted by the law of 13 December 2006, a paragraph worded as follows is inserted between paragraphs 5 and 6: "for the purposes of paragraphs 8 and 9 as well as articles 73bis, 6 °, and 142 § 1, 6 °, the control of the elements referred to in article 73, § 3, paragraph 3, covers only prescriptions issued from the date of commencement of monitoring."
».
Title V. - Social Affairs, chapter I. -Security social Section 1st. -Execution of the AIP benefits of non-recurring results art.
30. article 38, § 3novies, paragraph 4, of the law of 29 June 1981 laying down the General principles of social security for employed persons, inserted by the Act of 21 December 2007, is replaced by the following provision: "the contribution is paid by the employer to the agency responsible for the collection of social security contributions, within the time and in the same conditions as employees social security contributions."
S. 31. article 30 is effective January 1, 2008.
Section 2. -Allocations familiales s.
32. article 15 of the coordinated laws on family allowances for wage-earners amended by the royal decree of October 25, 1960 and the laws of the April 29, 1996, 10 June 1998 and 12 August 2000, the following subparagraph is added:

"The third party referred to in article 36 of the royal decree of November 28, 1969, made pursuant to the law of 27 June 1969 revising the Decree-Law of 28 December 1944 on social security for workers, where he pays all of the worker's wage and is substituted for the employer for the performance of all the obligations relating to the remuneration provided for in the Decree in place of the employer, subject to the provisions laid down in this article. » CHAPTER II. -Rehabilitation professional art. 33. in articles 77, 87, 88 and 90 of the Act of 13 July 2006 laying down various provisions regarding occupational diseases and accidents work and vocational rehabilitation, 'two years' shall be replaced by the words "four years".
CHAPTER III. -Best collection of contributions of social security for workers s. 34. article 41quater, § 3, of the law of 27 June 1969 revising the Decree-Law of 28 December 1944 on social security for workers, inserted by the law of July 3, 2005 and as amended by the Act of 27 December 2006, is replaced by the following provision: "§ § 3 3» When the Act referred to the § 1 is passed, the notification referred to in § 2 carries garnishment in the hands of the notary on amounts and values it holds under the Act on behalf or for the benefit of the debtor of the collector organization of social security contributions and worth opposition on the price within the meaning of article 1642 of the Judicial Code in cases where the notary is required to apportion these amounts and values in accordance with articles 1639 to 1654 of the Judicial Code.
Without prejudice to the rights of third parties, when the Act referred to the § 1 is passed, the notary is obliged to pay into the hands of the collector's social security contributions Agency, no later than the eighth working day following the passing of the Act, subject to the application of articles 1639 to 1654 of the Judicial Code, amounts and values it holds under the Act for the account or for the benefit of the debtor of the collector body , up to the amount of claims which was notified to him in pursuance of § 2.
In addition, if the sums and thus subject to garnishment values lower than the set of registered creditors and dissenting creditors owed, the notary must, under penalty of being personally responsible for the surplus, inform collectors contributions agencies, no later than the first working day following the execution of the Act: 1 ° by means of a procedure using computer techniques , through the Crossroads Bank for social security;
2 ° by any other means enabling sign information and give some to its shipment date, when the shipment cannot be made in accordance with the 1 °.
Without prejudice to the rights of third parties, transcription or registration of the instrument is not opposable to collectors organizations of social security contributions, if the inclusion of the legal mortgage takes place within eight working days following the sending of the information laid down in the preceding paragraph.
Are inoperative with regard to claims of organisms collectors notified pursuant to § 2, social security contributions debts not listed for which seizure or opposition is practised only after the expiry of the time limit under paragraph (2) of this paragraph. ».
TITLE VI. -Economy and independent, chapter I. -Property intellectual Section 1st. -Amendments of Act of 30 June 1994 on copyright and neighboring rights art. 35. at article 57 of the Act of 30 June 1994 on copyright and neighbouring rights, as amended by the law of 22 May 2005, the following changes are made: 1 ° 1st paragraph, 3 °, is replaced by the following provision: «3 ° to the institutions officially recognized and subsidized by the public authorities for the purposes of keeping sound or audiovisual documents. Repayment shall be granted for materials to the conservation of sound and audiovisual documents and their consultation on the spot; »;
2 ° paragraph (2) is repealed.
S. 36A article 79(a) of the Act, inserted by the law of 22 May 2005, the following changes are made: 1 ° in the § 1, paragraph 1, the words "articles 80 and 82" are each time replaced by the words "in article 80";
2 ° § 2, paragraph 1, is replaced by the following provision: «right holders take within a reasonable time adequate measures to voluntary, including agreements with the other parties concerned, in order to provide the user of a work or of a performance, the means necessary to qualify for the exceptions provided for in article 21, paragraph 2, article 22, § 1, 4 °, 4 ° bis. , 4 ter °, 4 ° c, 8 °, 10 °, 11 ° and 13 °, in article 22A, § 1, paragraph 1, 1 ° to 5 °, and article 46, 3 ° bis, ter 3 °, 7 °, 9 °, 10 ° and 12 °, where lawful access to the work or the benefit protected by technical measures. » Art. 37. section 81 of the Act, as amended by laws of May 22, 2005 and may 15, 2007, is replaced by the following provision: «art.» 81. the offences provided for in articles 79(a), § 1, 79ter and 80 shall be punishable by a prison term of three months to three years and a fine from 100 to 100 000 EUR or one of those penalties only. In case of recidivism within five years after a conviction entered into force of res judicata pronounced by the head of the same offence, the maximum of the penalties is brought to double. ' Section 2. -Amendments to the law of 31 August 1998 transposing into Belgian law the European directive of 11 March 1996 on the legal protection of data bases art. 38. in article 13 of the law of 31 August 1998 transposing into Belgian law the directive European of 11 March 1996 on the legal protection of databases, as amended by the law of 15 May 2007, the following changes are made: 1 ° in paragraph 3, the word 'knowingly' is replaced by the words ", with malicious or fraudulent intent ,";
2 ° paragraph 5 is replaced by the following: "When the facts before the tribunal are subject to an action for an injunction under section 12sexies, he cannot be ruled on the criminal action unless a res judicata a decision was issued in connection with the action for an injunction."
S. 39. in article 14 of the same Act, replaced by the law of 15 May 2007, 1st paragraph is replaced by the following: "the offences provided for in articles 12bis, § 1 and 12B-13 shall be punished by a term of imprisonment of three months to three years and a fine of 100 euros to 100,000 euros or one of those penalties only. ''
CHAPTER II. -Amendments to the Act of 26 June 1963 establishing an order of architects art. 40 § 1. Article 34, paragraph 1, of the Act of 26 June 1963 establishing an order of architects, amended by the law of 10 February 1998 and 15 February 2006, is amended as follows: 1 ° in included provisions as a), b) and c) the words "four years" shall be replaced by the words "six years";
2 ° in the provision included under d), the words "for a term of six years" are inserted between the words "appointed by the King" and "amongst the";
3 ° in the provision included under e), "for a term of four years among architects officials' or agents of public services shall be replaced by the words"for a term of six years among the civil servants not covered by the b Architects)".
§ 2. Article 34, paragraph 2, of the same law, "by an alternate legal assessor" shall be replaced by the words "by several alternate legal assessors".
§ 3. Article 34, paragraph 3, of the Act, the words "It is chosen" are replaced by the words "they are chosen".
In the same paragraph, the words "There" are replaced by the words "they".
§ 4. Article 34, paragraph 4, of the Act is repealed.
S. 41. article 55 of the Act is replaced by the following provision: «art.» 55. the mandates of the members full and alternate of the provincial councils of the order who had been elected in 2003, expire on December 31, 2008.
The provincial councils are renewed by half with effect from January 1, 2009 and subsequently as provided for in article 11, paragraph 2.
From the 2008 election, mandates will start on 1 January of the following year. » Art. 42. article 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 1, a), whose mandate took courses in 2007, shall expire one year later. » CHAPTER III. -Confirmation of decrees made pursuant to section 102 of the Act of 20 July 2006 relating to miscellaneous 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 on statutory audits of annual accounts and consolidated accounts, amending Directives 78/660 / EEC and 83/349/EEC of the Council and repealing Council Directive 84/253 / EEC of the Council, is confirmed with effect on 31 August 2007 the date of its entry into force and article 67, with effect on April 27, 2007.
S. 44. articles 1 and 2 of the royal decree of 25 April 2007 amending the Code of corporations for the transposition of provisions of Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on the audits of the annual accounts and consolidated accounts, amending Directives 78/660 / EEC and 83/349/EEC of the Council and repealing Council Directive 84/253 / EEC of , are confirmed with effect the

August 31, 2007, date of their entry into force.
S. 45. articles 3 and 4 of the same order are confirmed with effect April 27, 2007, the date of their entry into force and publication in the Moniteur belge.
S. 46. articles 15 to 19 of the royal decree of April 26, 2007 organizing monitoring and quality control and regulation of discipline of the réviseurs d'Entreprises are confirmed with effect April 27, 2007, the date of their entry into force.
S. 47. the same order, with the exception of articles 15 to 19, is confirmed with effect on 31 August 2007, date of its entry into force.
S.
48. the royal decree of 30 April 2007 on the coordination of the law of 22 July 1953 creating an Institute of the réviseurs d'Entreprises and organizing the public oversight of the profession of auditor of companies and the royal decree of 21 April 2007 transposing provisions of Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on the audits of the annual accounts and consolidated accounts and amending Directives 78/660 / EEC and 83/349/EEC and repealing Council Directive 84/253 / EEC of the Council, is confirmed with effect on 31 August 2007, the date of its entry into force.
S.
49. the royal decree of 30 April 2007 on the approval of the Auditors and the public registry is confirmed with effect on 31 August 2007, date of its entry into force.
S. 50. articles 11 and 13, § 2, of the royal decree of 30 April 2007 concerning access to the profession of Auditor and repealing the royal decree of 13 October 1987 regarding the of the réviseurs d'Entreprises candidates, are confirmed with effect January 1, 2008, date of their entry into force.
S. 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.
S. 52. the royal decree of 30 April 2007 concerning the appointment of the members of the Disciplinary Committee of the Institut des réviseurs d'Entreprises, referred to in article 58 of the Act of 22 July 1953 creating an Institut des réviseurs d'Entreprises and organizing public profession of Auditor oversight, is confirmed with effect on 31 August 2007, date of its entry into force.
S. 53. order royal of 30 April 2007 concerning the appointment of the members of the House of reference and implementation status, referred to in article 44, § 5, of the Act of 22 July 1953 creating an Institut des réviseurs d'Entreprises and organizing the public supervision of the profession of Auditor, is confirmed with effect on May 15, 2007, date of its entry into force.
S. 54. the royal decree of 7 June 2007 laying down the rules of procedure of the Institut des réviseurs d'Entreprises is confirmed with effect on 31 August 2007, date of its entry into force.
CHAPTER IV. -Provisions amending the law of 17 July 1975 on accounting of enterprises s. 55 ÷ article 6, paragraph 4, of the law of 17 July 1975 on business accounting the word "ten" is replaced by "seven".
S.
56 article 8, § 2, of the Act the word "ten" is replaced by the word "seven".
Chapter V. - Amendment of the law of 10 May 2007 on combating discrimination between women and men article 57. article 12, § 2, of the law of 10 May 2007 on combating discrimination between women and men is replaced by the following provision: "§ § 2 2» By way of derogation to the § 1, only distinctions based on respective life expectancies of men and women, are admitted.
By way of derogation from paragraph 1, pension obligations make no distinction between men and women to define the level of personal contributions.
By way of derogation from paragraph 1, the type defined contribution pension commitments do not distinguish between men and women to define the level of contributions.
Distinctions arising from the 1st paragraph are allowed, both on the part of the organiser of the supplementary social security scheme in the pension or insurance organization that puts this regime implemented.
With regard to the years of service worked after 17 May 1990, the commitment of pension, as provided for in the law of 28 April 2003 on supplementary pensions and the tax system and to certain additional social security benefits, cannot contain any other direct distinction based on sex than those permitted under paragraph 1.
In accordance with the preceding paragraph, the direct distinction on the basis of gender in pension obligations as referred to in Act of 28 April 2003 on supplementary pensions and the tax system and to certain additional social security benefits, regarding years of service worked until May 17, 1990 included, causes no discrimination contrary to article 45 of the law of June 27, 1969, revising the Decree-Law of 28 December 1944 concerning social security for workers. » CHAPTER VI. -Best collection of contributions of social security for self-employed persons art. 58 in article 23B, paragraph 3, of the royal decree No. 38 of 27 July 1967 organizing the social status of self-employed persons, inserted by the law of 20 July 2005 and as last amended by the Act of 27 December 2006, the following changes are made 1 ° § 3 is replaced as follows: ' § § 3 3» When the Act referred to the § 1 is passed, the notification referred to in § 2 carries garnishment in the hands of the notary on amounts and values it holds under the Act on behalf or for the benefit of the debtor of the collector organization of social security contributions and worth opposition on the price within the meaning of article 1642 of the Judicial Code in cases where the notary is required to apportion these amounts and values in accordance with articles 1639 to 1654 of the Judicial Code.
Without prejudice to the rights of third parties, when the Act referred to the § 1 is passed, the notary is obliged to pay into the hands of the collector's social security contributions Agency, no later than the eighth working day following the passing of the Act, subject to the application of articles 1639 to 1654 of the Judicial Code, amounts and values it holds under the Act for the account or for the benefit of the debtor of the collector body , up to the amount of claims which was notified to him in pursuance of § 2.
In addition, if amounts and thus seizures-arrested are lower than all of registered creditors and dissenting creditors owed, under penalty of being personally responsible for the surplus, the notary shall inform collectors contributions agencies, no later than the first working day following the execution of the Act: 1 ° by means of a procedure using computer techniques , through the Crossroads Bank for social security;
2 ° by any other means enabling sign information and give some to its shipment date, when the shipment cannot be made in accordance with the 1 °.
Without prejudice to the rights of third parties, transcription or registration of the instrument is not opposable to collectors organizations of social security contributions, if the inclusion of the legal mortgage takes place within eight working days following the sending of the information laid down in the preceding paragraph.
Are inoperative with regard to claims of organisms collectors notified pursuant to § 2, social security contributions debts not listed for which seizure or opposition is practised only after the expiry of the time limit under paragraph (2). »;
2 ° in § 4, the words "referred to in § 3, paragraph (3)" shall be replaced by the words "period referred to in § 3, paragraph 4".
TITLE VII. -Employment chapter I. -Accidents at work Section 1st.
-Concept's main source of income art. 59. article 20bis of the Act of 10 April 1971 on accidents at work, inserted by order royal No. 285, March 31, 1984, is supplemented by the following paragraph: "the victim is considered to be the main source of income when the portion of revenues that served as a contribution, both in cash and in kind, to the maintenance of the ascendants was indeed. at the time of the accident, higher income aggregated ascendants, in which the contributions, both in cash and in kind, of the victim is not included. For the establishment of the contribution, both in cash and in kind, to the victim, his own maintenance costs are not being considered. ' Section 2. -Interest on medical expenses s. 60. article 41 of the Act is replaced by the following provision: «art.» 41. the allowance for funeral expenses referred to in article 10 shall be paid in the month following the death to the person who took these costs support. ÷ non-payment within that period, late interest are due as of right on this allowance.
The transfer referred to in article 11 and charges fees referred to in section 3 of this chapter, with the exception of the additional allowance referred to in article 28A, paragraph 3, shall be reimbursed to the person who took these costs support, within two months from the date of receipt of the supporting documents, and bear interest of right from this date failure to pay within this period. » Art. 61. in article 42, paragraph 3, of the Act, the words "this Act" are replaced by the words "this article".
Section 3. -Entry into force art. 62. This chapter enter into force the day of the publication of this Act in the Moniteur belge.

The provision of article 59 shall apply to labour accidents occurring from the date of entry into force of this chapter.
CHAPTER II. -S. construction sector 63. article 7 of the royal decree No. 213 26 September 1983 relating to the hours of work in companies in the joint commission of the construction, as amended by Act program of 9 July 2004 is replaced by the following provision: «art.» 7 § 1. In the undertakings referred to in article 1 the limits to the duration of the working time laid down in article 19 of the law of 16 March 1971 on work may be exceeded to a maximum of 130 hours per calendar year during the summer or during a period of intense activity at the rate of maximum one hour a day, paid at the normal salary.
At the option of the worker before the end of the pay period in which these hours are worked, compensatory rest days may be granted or a salary of 20% per additional hour can be granted.
Failing the choice referred to in the preceding paragraph before the end of the pay period, compensatory rest days are granted.
The granting of compensatory rest days is done in consultation within six months following the period during which the limits have been exceeded, at the rate of one day of rest per eight hours of supplementary benefit. In the event that compensatory rest days are granted, overtime in addition, are paid at the time where the compensatory rest is granted, by way of derogation from the provisions of article 9 of the Act of 12 April 1965 on the protection of workers compensation.
For exceeding the limits of the time referred to in paragraph 1, the employer must obtain the consent of the majority of the Trade Union delegation. In the absence of a trade union delegation, President of the Joint Commission is informed.
§ 2. By way of derogation from the prohibition of work on Saturday referred to in article 4, 2 °, of the law of 6 April 1960 concerning the execution of construction and without prejudice to the other provisions taken under a law which allow to work on Saturday, in the companies referred to in article 1, it is permissible for the worker to work on Saturdays to a maximum of 64 hours per calendar year.
At the option of the worker, before the end of the pay period during which these hours have been worked on Saturday, compensatory rest days may be granted. A differential of 50% is granted per hour performed on Saturday, that he had opted for compensatory rest days or not. If the worker opts for the granting of compensatory rest days, this differential is paid at the time where the services are performed and the normal wage, by derogation from the provisions of article 9 of the Act of 12 April 1965 on the protection of the remuneration of workers, at the time of taking compensatory rest. The number of hours worked on Saturday is deducted from the number of hours mentioned in the § 1, paragraph 1.
The situations that allow to work on Saturday are: 1 ° the work that can be executed at any time;
2 ° the work for which concurrent execution of construction and other activities in the same location has a significant risk to the safety or health of workers or third parties;
3 ° the work which are not compatible with other activities for technical reasons.
In order to work on Saturdays, the agreement of the majority of the Trade Union delegation is required. The absence of Trade Union delegation, it is possible to work on Saturdays if the employer signs a protocol of accession to the scheme with at least one worker. This Protocol must be co-signed by the regional trade union Secretaries, if they are present in the region, whose signature is obtained directly or through the local professional organization. Regional trade union Secretaries have a period of fourteen days to sign the Protocol or to publicize their refusal.
Upon refusal, concerted action at the local level tries to reach a reconciliation. After exhaustion of the use of local consultation, the more diligent party may refer the dispute to the conciliation of the joint commission office.
The Protocol of adherence to this regime has a period of validity of one year and is renewed tacitly unless notice of termination.
Saturday work is always on voluntary basis. The will of the worker must be established in a written agreement no later than at the time of the beginning of the works, signed by the worker and the employer. This written agreement is kept on the job site. » CHAPTER III. -Provisions various 1st Section. -Amendment of article 47 of the law of December 24, 1999 for the promotion of employment art. 64A section 47 of the Act from December 24, 1999 for the promotion of employment, as amended by laws of December 22, 2003 and July 9, 2004, the following changes are made: 1 ° the § 1, fourth paragraph, 1 °, is replaced by the following provision: "1 ° the number of days during which the mandatory number of young was not occupied or the number of days during which the recruitment of young people has been offset by the. dismissal of personnel, expressed in days calendars, so on Sundays and holidays included. »;
2 ° the § 1, paragraph 4, 2 °, is completed as follows: ', expressed in full-time equivalents '.
3 ° in § 4, paragraph 3, the word "1erquater", is inserted between the words "articles 1B", and the words "2, 3, 8, 9 and 13".
Section 2. -Amendment of the law of 7 January 1958 concerning the Security Fund article 65. in the law of 7 January 1958 concerning the Security Fund, as amended by the laws of the October 10, 1967, December 18, 1968, July 15, 1970 and by the royal decree of 1 March 1971 by the law of December 22, 1989, 8 July 1991, 23 March 1994, 13 February 1998, June 26, 2000 and April 25, 2007, an article 5a is inserted read as follows: «art.» 5bis. - Fonds de security guarantee that the benefits they grant are free for recipients.
No fees may be made payable by the beneficiary in one way or another. » Art. 66. article 16 of the law of 7 January 1958 concerning the Security Fund, amended by laws of December 18, 1968-June 26, 2000, the following subparagraph is added: «3 ° security funds and their administrators who contravene article 5bis.»
Section 3. -Adaptation of article 2, § 3, 1 °, paragraph 1, of the Act of 5 December 1968 on collective labour agreements and joint committees art. 67A article 2, § 3, 1 °, paragraph 1, of the Act of 5 December 1968 on collective labour agreements and joint committees, amended by the law 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 December 23, 1996 , the following changes are made: 1 ° the word "and" preceding the words "social housing companies approved in accordance with the Regions housing codes" is deleted;
2 ° it is supplemented by the words: "and corporations under public law 'Brussels South Charleroi Airport – Security' and 'Liège-Airport-Security'."
Section 4. -Adaptation of article 1, paragraph 3, of the Act of 19 December 1974 organizing the relations between public authorities and trade unions of agents within this article authority 68. the article 1, § 3, 2 °, of the law of 19 December 1974 organizing the relations between public authorities and trade unions of officials of these authorities, repealed by the law of 21 December 1994, is restored in the following wording: '2 ° of PLCs to 'Brussels South Charleroi Airport – Security' and 'Liège Airport – Security' public law '.
Section 5. -Fund closure of businesses Confirmation of the royal decree of 3 July 2005 article 69. the royal decree of 3 July 2005 concerning the entry into force of articles 81 and 82 of the Act of 26 June 2002 business closures is confirmed.
S. 70. article 69 is effective July 1, 2005.
TITLE VIII. -Justice chapter I. -Amendment of the law of 9 May 2007 amending various provisions relating to the lack and the judicial declaration of death art. 71. article 57 of the law of 9 May 2007 amending various provisions relating to the lack and the judicial declaration of death is replaced by the following: «art.» 57. declaration of absence judgments under the former sections 115 to 119 of the civil Code and the judgments rendered pursuant to former sections 112 and 113 of the civil Code may, at the expiry of a period of five years as they are delivered, to be converted by a declaration of absence judgment within the meaning of this Act. » Art. 72. article 71 is effective July 1, 2007.
CHAPTER II. -Amendment of article 365-1, 3 ° of the civil Code art. 73. in article 365-1 of the civil Code, inserted by the law of April 24, 2003, 3 ° is supplemented by the following sentence: "the compliance with the conditions referred to in articles 361-3 and 361-4 is attested by the competent Community."
S.
74. article 73 is effective September 1, 2005.
CHAPTER III.
-Amendment of the Code of corporations including following directive 2005/56/EC of the European Parliament and of the Council of 26 October 2005 on cross-border mergers of companies with share capital art.
75. in article 698, § 1, of the Code of corporations, the words "or a company

cooperative"are replaced by the words", a cooperative society, a limited partnership or a partnership".
S. 76. in article 711, § 1, of the Code, the words "or a cooperative society" are replaced by the words ", a cooperative society, a limited partnership or a partnership".
S. 77. it is inserted in book XI of the same Code a title Vbis, worded as follows: ' title Vbis '. -Specific rules concerning cross-border mergers and similar transactions, chapter I.
-Provisions Commons Section 1. -Disposition introductory article
772/1. The provisions concerning mergers of this book shall apply, subject to the following derogation provisions.
Are excluded from the application of this title:-public investment companies with variable capital referred to in articles 10 and 14 of the law of 20 July 2004 on certain forms of collective management of investment portfolios.
-the companies that are in liquidation.
Section 2. -Remuneration for the contribution Article 772/2. The cross-border merger validly held notwithstanding the granting of a cash payment exceeding one-tenth of the nominal value of the shares allocated in the company resulting from the cross-border merger or absence of a nominal value, their accounting par value, provided that the legislation that applies to at least one of the foreign companies permits.
Section 3. -Legal effects of the cross-border merger article 772/3. The cross-border merger causes from the date referred to in article 772/14 the legal effects referred to in article 682, with the exception of paragraph 1, 1 °, last sentence of the article.
Section 4. -Effectiveness of the cross-border merger article
772/4. Without prejudice to the application of article 683, the rights and obligations of the merging companies arising from contracts of employment or labour relations and existing on the date referred to in article 772/14 are passed, because of the taking effect of this cross-border merger, the company resulting from the cross-border merger on the date of effect of the cross-border merger.
The formalities resulting from this article are carried out by the company resulting from the cross-border merger.
Section 5. -Invalidity of the cross-border merger article 772/5. The nullity of a cross-border merger has taken effect in accordance with article 772/14 cannot be ordered.
CHAPTER II. -Procedure to be followed when the cross-border merger of companies art. 772/6. Management companies called to merge bodies established by deed or by private deed a joint project of cross-border merger.
The project of cross-border merger shall contain at least: a) the legal form, the name, the subject and the registered office of the merging companies and those proposed for the company resulting from cross-border merger;
b) the exchange of the shares or shares of the capital stock ratio and, where applicable, the amount of the cash payment;
(c) the arrangements for delivery of the shares or shares of the capital stock of the company resulting from the cross-border merger;
(d) the likely effects of the cross-border merger on employment);
(e) the date from which such shares or shares of the capital give the right to participate in profits and any special terms relating to this right.
(f) the date from which the transactions of the merging companies are considered to be the accounting point of view as performed on behalf of the company resulting from the cross-border merger;
(g) the duties provided by the company resulting from the cross-border merger to shareholders having special rights and holders of securities other than shares or shares of the share capital, or the measures proposed in their regard;
(h) any special advantage granted to the experts who examine the draft of cross-border merger, as well as to the members of the governing bodies, management, supervision or control of the merging companies;
(i) the statutes of the company resulting from the cross-border merger);
j) where appropriate, information on the procedures by which are laid down in accordance with the arrangements made by the King in implementation of article 16 of directive 2005/56/EC, arrangements for the involvement of employees in the definition of their rights to participation in the company resulting from the cross-border merger;
(k) information on the assessment of the assets and liabilities transferred to the company resulting from cross-border merger;
(l) the dates of Auditors of the merging companies used to define the conditions of the cross-border merger.
For the project of cross-border merger operation assimilated to the merger by absorption, points b), c) and (e)) are not applicable.
S.
772/7. The project of cross-border merger must be lodged at the registry of the commercial court where the companies concerned have their headquarters, by each company involved in the merger, no later than six weeks before the general meeting called to decide on cross-border mergers, and be published in extract in accordance with article 74.
The publication contains at least the following data: a) the legal form, name and registered office of each of the companies merging;
b) the register of legal persons and the number of business, or for foreign companies, register with which the acts referred to in article 3, paragraph 2, of Directive 68/151 / EEC are filed for each of the companies merging and the number in that register;
(c) an indication, for each of the merging companies, detailed rules for exercise of the rights of creditors and, where appropriate, of the minority shareholders of the merging companies and the address to which can be obtained, free of charge, complete information on those arrangements.
S. 772/8. In every society, the body management establishes a report written and detailed for partners which exposes the net worth of the companies called to merge and which explains and justifies, the legal and economic point of view the opportunity, conditions and terms of the cross-border merger, the consequences of the merger-border for the shareholders, creditors and the employees the methods used for the determination of the exchange ratio of shares or shares, the relative importance that is given to these methods, the values to which each method succeeds, the difficulties eventually encountered, and the proposed exchange ratio.
Shareholders and representatives of employees or, where there are no representatives, the employees themselves, have the right, at the latest one month before the date of the General Assembly which will decide on the draft terms of merger, to inspect at the registered office of the company of the report referred to in paragraph 1.
If the workers organisations represented within the Works Council formulate an opinion under the information provided for in article 11 of the collective agreement No. 9 of March 9, 1972 and he manages the body of management in a timely manner, this notice is attached to the report referred to in paragraph 1.
S.
772/9. § 1. A written report on the cross-border merger project is established in each society, either by the Commissioner, or, when there's no Commissioner, an auditor or by an external accountant designated by the directors or managers.
The Commissioner, the auditor or the appointed external auditor must declare if, in his opinion, the Exchange is relevant and reasonable report.
This statement must at least: 1 ° indicate the methods used for the determination of the proposed exchange ratio;
2 ° indicate whether these methods are appropriate in this case, indicate the values arrived at using each of these methods give an opinion on the relative importance attributed to such methods in the determination of retained value.
The report also indicates the specific evaluation difficulties if there is.
The Commissioner, the auditor or the appointed external auditor can obtain the merging companies that they be provided all the information that seem them necessary.
When the report concerns an acquiring company having the form of Société privée à responsabilité limitée, Société Coopérative à responsabilité limitée, European company or Société anonyme, articles 313, 423 or 602 do not apply.
§
2. In place of the Commissioner, the auditor or of the accountant named acting on behalf of each of the merging companies, one or several Commissioners, auditors of companies or external accountants designated joint request of those companies, designated or approved for this purpose by the president of the tribunal de commerce, in accordance with article 588, 17 °, of the Judicial Code, can consider the cross-border merger draft and establishing a single written report to all associates.
§ 3. A review of the joint project of cross-border merger by the Commissioner, the auditor or the appointed public accountant nor the report referred to the § 1 are required if all the members of each of the companies involved in the cross-border merger have so decided.
§ 4. For the operation assimilated to the cross-border merger, the report referred to the § 1 is not required.
S. 772/10. § 1.

In each company, the cross-border merger project and the reports provided for in articles 772/8 and 772/9 as well as the possibility for the shareholders and members to obtain these documents free of charge are announced in the agenda of the General Assembly called upon to decide on the proposed cross-border merger.
§ 2. Each partner also has the right, one month at least before the date of the meeting of the general meeting called to decide on the project of cross-border merger, inspect at the registered office the following documents: 1 ° the project of cross-border merger;
2 ° the reports referred to in articles 772/8 and 772/9;
3 ° the annual accounts for the past three years, of each of the companies merging;
4 ° sociétés anonymes, sociétés en commandite par actions, private companies with limited liability, European societies and cooperative societies limited liability, the reports of the directors, members of the Board of Directors, members of the Supervisory Board or managers and the reports of the Commissioners of the last three years;
5 ° when the cross-border merger project is subsequent six months at least at the end of the year to which the last annual accounts, accounting state arrested within three months preceding the date of the cross-border merger project and prepared in accordance with paragraphs 2 to 4 relate.
This accounting statement is prepared according to the same methods and the same layout as the last annual accounts.
However, it is not necessary to proceed to a new inventory.
The amendments to the assessments contained in the last balance sheet may be limited to those resulting from the movement of writing. It must be taken into account however interim provisions and depreciation as well as changes of values do not appear in the Scriptures.
§ 3. Any shareholder may obtain free of charge and on request a full copy or, if so desired, partial, documents referred to in paragraph 2, with the exception of those which have been transmitted to it pursuant to the § 1.
S. 772/11. § 1. Without prejudice to the specific provisions set out in this article and subject to more stringent statutory provisions, the General Assembly may decide to fusion cross border of the company in respect of the following rules of presence and majority: 1 ° those who attend the meeting must represent at least the capital half.
If this condition is not met, a new summons will be necessary and the new Assembly shall and will decide validly, irrespective of the proportion of the capital represented.
2 ° a) a cross-border merger proposal is accepted only if it brings together three quarters of the votes;
(b) in the sociétés en commandite simple and cooperative societies, the right to vote of shareholders is proportional to their share in equity social and presence quorum is calculated by report to social credit memo is posted.
By way of derogation from the preceding subparagraph, the approval by the General Assembly of the recovery Corporation is not required for the operation assimilated to the merger by absorption.
§ 2.
If there are several classes of shares, securities or shares, representing or non capital expressed in the statutes, and the cross-border merger constitutes a modification of their respective rights, article 560, paragraph 4, shall apply.
§ 3. The agreement of all partners is required: 1 ° in or absorb absorbent corporations which are companies in partnership;
2 ° in societies to absorb when the acquiring company is: has) a partnership;
(b) a limited partnership;
(c) a cooperative company with unlimited liability.
In the cases referred to in paragraph 1, the unanimous agreement of unrepresentative holders of social capital is, where applicable, required.
§ 4. In the sociétés en commandite simple and sociétés en commandite par actions, the agreement of all partners is also required.
§ 5. The general meeting of each of the merging companies can make the completion of the cross-border merger conditional that it expressly endorses the modalities decided for the participation of workers in the company resulting from the cross-border merger.
§
6. Immediately after the decision on cross-border merger, possible amendments to the articles of Association of the acquiring company, including clauses that would affect its social object, are arrested in presence and majority conditions required by this Code. As long this modification of the statutes did not intervene, the decision of cross-border merger remains without effect.
§
7. In each company participating in the merger, the minutes of the General Assembly which decides the merger is established by deed.
The Act reproduced the conclusions of the report referred to in article 772/9.
S. 772/12. The notary must verify and certify the existence and validity, both internal and external, the acts and formalities required of the company with which it instrumente.
To this end, it shall immediately issue a certificate conclusively the correct accomplishment of acts and the cross-border merger formalities provided for in this section.

S. 772/13. The notary checks that the merging companies have approved the common project of cross-border merger in the same terms and, where appropriate, that arrangements for the participation of workers have been laid down in accordance with the provisions adopted in implementation of article 16 of Directive 2005/56/EC.
To that end, each merging company presents to the notary referred to in paragraph 1 the certificate referred to in article 772/12, within a period of six months from its issuance, as well as the joint project of cross-border merger approved by the General Assembly referred to in article 772/11.
S. 772/14. Cross-border merger by acquisition takes effect on the date on which the notary finds the carrying of the merger at the request of the merging companies on presentation of certificates and other supporting documents of the operation. During cross-border merger by the formation of a new company, the new company must also be incorporated.
This Act shall be filed and published by extract in accordance with article 74 and, where appropriate, the acts amending the articles of Association of the acquiring company shall be filed and published in accordance with article 74.
The King shall adopt the arrangements for notification of the taking effect of the cross-border merger with foreign registry where the foreign company to file his actions. » Art.
78. in article 773 of the same Code, the following changes are made: has) in the 1 °, the words "and by article 743" are replaced by the words "and by article 743, 772/6 article by article 772/7";
(b) in 2 °, the words "and in 746-748 articles" are replaced by the words ', 746-748 articles 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 Directive 77/91 / EEC of the Council with regard to the constitution of the company and the maintenance and alteration of its capital s. 79. the King may, by Decree until December 31, 2008, take measures for the transposition of Directive 2006/68/EC of the European Parliament and of the Council of 6 September 2006 amending Directive 77/91 / EEC of the Council with regard to the constitution of the company and the maintenance and alteration of their capital.
S. 80. orders made under section 79 which are not confirmed at the latest on July 31, 2009, have no effect.
Chapter V. - Amendments to article 88 bis and 90 ter of the Code of criminal procedure art. 81. in article 88bis, § 1, paragraph 6, of the Code of criminal procedure, as amended by the law of July 20, 2006, "article 145, § 3 of the Act of 13 June 2005 on electronic communications" shall be replaced by the words "article 145, § 3 and § 3A of Act of 13 June 2005 on electronic communications".
S. 82. in article 90b, § 2, of the same Code, the 15 °, replaced by the law of July 20, 2006, is replaced by the following: «15 ° in article 145, § 3 and § 3A of Act of 13 June 2005 on electronic communications;
CHAPTER VI. -Amendment of the law of 29 June 1964 on suspension, the stay and the article probation 83. in the Dutch text of article 2, § 2, of the Act of 29 June 1964 on suspension, suspension and probation, amended by the law of 22 March 1999 and December 27, 2006, the words 'het openbaar ministerie', shall be inserted between the word "kunnen" and the words "onderzoeksrechter".
CHAPTER VII. -Amendment of article 782 bis of the Judicial Code articles 84. in article 782bis of the Judicial Code, inserted by the Act of April 26, 2007, 1st paragraph is replaced by the following: "the judgment is delivered by the speaker of the House who made it, even in the absence of other judges and, unless enforcement and applicable in disciplinary matters, the Crown."
TITLE IX. -Energy chapter I. -Amendment of the Act of 29 April 1999 on the organisation of the market for electricity s. 85 to article 23, § 2, paragraph 2, of the Act of 29 April 1999 on the organisation of the electricity market, the following changes are made: 1 ° 3 °, repealed by the law of July 27, 2007, was re-established in the following wording:

«3 ° monitors transparency and competition in the market for electricity in accordance with article 23bis;»;
2 ° 3 ° bis, repealed by Act of March 16, 2007, was re-established in the following wording: «3 ° bis appreciate whether objectively justified the relationship between prices and the costs of undertaking referred to in article 23B ';
3 ° paragraph 2 is supplemented as follows: "19 ° ensures that the situation including technical and tariff in the sector of electricity as well as developments in this sector are the general interest and are consistent with the overall energy policy. The Commission shall ensure the permanent monitoring of the electricity market, both in terms of the functioning of the market in terms of prices. The King may specify, on a proposal from the Commission, by deliberate order in Council of Ministers, the terms of the permanent monitoring of the electricity market;
20 ° ensures the essential interests of the consumer and the correct execution of the obligations of public service by the undertakings concerned. » Art. 86. article 23bis of the Act, inserted by the law of March 20, 2003, is replaced by the following provision: «art.» 23bis. the Commission shall ensure that each electric utility, which supplies electricity to customers domiciled in Belgium, refrain from separately or in conjunction with one or more undertakings of electricity of any anti-competitive or unfair business practices that have an effect or behaviour likely to have an effect on a market of electricity efficient in Belgium.
If the Commission finds, in the exercise of its supervisory and control tasks, unfair trading practices, or anti-competitive behaviour, it sends initiative to the Minister a report containing its findings and, if applicable, any measure it considers necessary to be taken by itself or any other competent authority, to address commercial practices unfair or anti-competitive behaviour having an effect or likely to have an effect on an electricity market performance Belgium.
The Commission denounced the offences alleged to the competition Council, transmits it the report it sent to the Minister and must provide the necessary confidential information.
With regard to unfair commercial practices, the King may, on a proposal from the Commission, by deliberate order in Council of Ministers, specify urgent measures that the Commission is authorized to take.
The Commission may formulate opinions and propose any measures promoting the proper functioning and the transparency on the market and which is applicable to all electricity companies active in Belgium. » Art. 87. an article 23B is inserted in the same Act, read as follows: «art.» 23B. § 1. The prices offered by a company of electricity must be objectively justified cost the company.
The Commission appreciates this relationship by comparing including costs and prices of the undertaking with the costs and the prices of comparable if possible enterprises also at the international level.
§
2. If an electricity undertaking is a related undertaking, the abuse of dominant position is presumed if it provides price and/or discriminatory conditions to nonbonded businesses.
§
3. If the Commission finds that there is no objectively justified relationship, as referred in the § 1, it addresses initiative to the Minister a report containing its findings and the measures it recommends.
The Commission denounced the offences alleged to the competition Council, transmits it the report it sent to the Minister and must provide the necessary confidential information.
With regard to the price and/or discriminatory conditions, the King may, on a proposal from the Commission, by deliberate order in Council of Ministers, specify urgent measures that the Commission is authorized to take.
Pricing, the Commission may formulate opinions and propose any measure applicable to all electricity companies active in Belgium. » Art. 88 A section 26 of the Act, as amended by the laws of the March 20, 2003, 1 June 2005 and 20 July 2006, a § 1bis is inserted, worded as follows: "§ 1bis.» In the performance of tasks assigned in sections 23A and 23B, the Commission has the powers and rights described below: 1 ° obtain electricity companies any information in any form whatsoever on matters falling within its competence and its mission, within thirty days following its request;
2 ° obtain these reports on their activities or aspects thereof;
3 ° determining the information that must be communicated to him by electricity periodically undertakings and the frequency in which this information must be transmitted;
4 ° refusal to transmit the information requested within thirty days, conduct a visit on-site during which it can consult all the information and the abovementioned documents necessary for the performance of the tasks entrusted and, if applicable, copy. » CHAPTER II. — Amendment Act of 12 April 1965 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 transport of gaseous and other products by pipelines, inserted by the law of 29 April 1999 and as last amended by the Act of 16 March 2007, the following changes are made: 1 ° 3 °, repealed by the law of July 27, 2007, is restored to the following wording : "3 ° monitors the transparency and competition on the market of natural gas in accordance with article 15/14A;";
2 ° 3 ° bis, repealed by Act of March 16, 2007, was re-established in the following wording: «3 ° bis appreciate whether objectively justified the relationship between prices and the costs of undertaking referred to in article 15/14B;»;
3 ° paragraph 2 is supplemented as follows: «12 ° ensures that the situation including technical and tariff in the sector of natural gas as well as developments in this sector are the general interest and are consistent with the overall energy policy. The Commission shall ensure the permanent monitoring of the market of natural gas, both in terms of the functioning of the market in terms of prices. The King may specify, on a proposal from the Commission, by deliberate order in Council of Ministers, the terms of the permanent monitoring of the market of natural gas;
13 ° ensures the essential interests of the consumer and the correct execution of the obligations of public service by undertakings concerned. » Art. 90 article 15/14 bis worded as follows is inserted into the Act: «art.» 15/14A. The Commission shall ensure that every natural gas undertaking, which provides gas to customers domiciled in Belgium, forbear, separately or in conjunction with one or more businesses of natural gas, any anti-competitive or unfair business practices that have an effect or behaviour likely to have an effect on a performance in Belgium natural gas market.
If the Commission finds, in the exercise of its supervisory and control tasks, unfair trading practices, or anti-competitive behaviour, it sends initiative to the Minister a report containing its findings and, if applicable, any measure that it considers necessary to be taken by itself or by any other competent authority, to address commercial practices unfair or anti-competitive behaviour having an effect or likely to have an effect on a natural gas market performance in Belgium.
The Commission denounced the offences alleged to the competition Council, transmits it the report it sent to the Minister and must provide the necessary confidential information.
With regard to unfair commercial practices, the King may, on a proposal from the Commission, by deliberate order in Council of Ministers, specify urgent measures that the Commission is authorized to take.
The Commission may formulate opinions and propose any measures promoting the proper functioning and the transparency on the market and which is applicable to all natural gas undertakings active in Belgium. » Art.
91. an article 15/14(b) is inserted in the same Act, read as follows: «s.15/14B.
§ 1. The prices offered by a natural gas undertaking must be objectively justified cost the company. The Commission appreciates this relationship by comparing including costs and prices of the undertaking with the costs and the prices of comparable if possible enterprises also at the international level.
§ 2. If a natural gas undertaking is a related undertaking, the abuse of dominant position is presumed if it provides price and/or discriminatory conditions to nonbonded businesses.
§ 3. If the Commission finds that there is no relationship objectively justified as referred to the § 1, it addresses initiative to the Minister a report containing its findings and the measures it recommends.
The Commission denounced the offences alleged to the competition Council, transmits it the report it sent to the Minister and must provide the necessary confidential information.
With regard to the price and/or discriminatory conditions, the King may, on a proposal from the Commission, by deliberate order in Council of Ministers, specify urgent measures that the Commission is authorized to take.
En

material price, the Commission may formulate opinions and propose any measure applicable to all gas undertakings active in Belgium. » Art. 92A article 15/16 of the same Act, inserted by the law of 29 April 1999 and amended by the laws of July 16, 2001, 1 June 2005 and 20 July 2006, a § 1bis is inserted, worded as follows: «art.»
15/16. § 1bis. In the performance of tasks assigned to articles 15/14bis and 14ter/15, the Commission has the powers and rights described below: 1 ° obtain natural gas business information, in any form whatsoever, on matters within its competence and its mission, within thirty days following its application;
2 ° obtain these reports on their activities or aspects thereof;
3 ° determining the information that must be communicated to him periodically by natural gas undertakings and the frequency with which this information must be transmitted;
4 ° in case of refusal to provide the information requested within 30 days, proceed to a visit on-site during which it can consult all the information and the abovementioned documents necessary for the performance of the tasks entrusted and copy them as appropriate. » CHAPTER III. -The introduction of tariffs for access to networks of distribution, local transport or regional transport of electricity and use thereof with the exception of the networks which have a transmission function s.
93. article 12octies of the law of 29 April 1999 on the organisation of the electricity market, inserted by the law of June 1, 2005, is replaced by the following provision: «art.» 12octies. § 1. This article applies to managers of distribution networks, local transport or regional transport with the exception of the networks that have a transmission function.
The definition of article 2, 31 ° is also apply.
§
2. Connection to the distribution network, the use of the network and the provision of ancillary services by the Manager of the network are performed on the basis of tariffs proposed by the network manager and subject to the approval of the Commission, in accordance with the procedure referred to in § 8, 4 °.
§
3. The total revenue required for the execution of the legal and regulatory obligations to the network manager is subject to the approval of the Commission. This total income includes: 1 ° all the costs required for the exercise by the Manager of the network during the period of regulatory tasks incumbent on it, including the financial burden;
2 ° a fair margin and depreciation, both necessary to ensure that the network manager, necessary future investments and the sustainability of the distribution network;
3 ° where appropriate, the implementation of the public service obligations, and;
4 ° where appropriate, the overloads applied on rates.
§ 4. Tariffs shall follow the following directions: 1 ° they are non-discriminatory and transparent;
2 ° they allow the balanced development of the distribution network in accordance with the different investment plans of the network manager;
3 ° they are comparable to the best pricing practices applied by managers of comparable networks;
4 ° they allow the network manager to generate total income referred to in article 12octies, § 3;
5 ° they are intended to optimise the use of the capacity of the network;
6 ° they are sufficiently decayed, including: a) according to the terms and conditions of use of the distribution network;
(b) with regard to ancillary services;
(c) in relation to any overloads for public service obligations;
7 ° the tariff structures are uniform throughout the territory of the network manager of distribution without differentation by geographical area.
§ 5. Without prejudice to the power of evaluation and control by the Commission, the total income of the first year of the period regulatory serves as a reference to the evolution of the total income for the subsequent years of the term regulatory for four years, taking into account the following evolution rules: 1 ° the categories of components of total revenue as referred to in article 12octies § 3, 1 °, and which concern on which the network manager does not have direct control and costs which are necessary to security, efficiency and reliability of the network evolve annually on the basis of the costs borne by the transmission system operator;
2 ° the categories of components of total revenue, as referred to in article 12octies, § 3, 1 ° and which relate to costs on which the network manager has direct control and which are necessary for the safety, effectiveness and reliability of the network, change annually on the basis of a formula objective of indexing that provides coverage of the obligations of the Manager of the network in accordance with this Act. After the Commission's opinion, the objective indexation formula is determined by the King after deliberation by the Council of Ministers;
3 ° depreciation change annually based on investments, which include both development investment and replacement investment;
4 ° the profit margin changes annually depending on the evolution of regulated assets 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 introduced before each period regulatory, with the Commission, for approval, a tariff proposal prepared on the basis of the total income referred to in article 12octies, § 3, in accordance with the procedure referred to in § 8, 4 °.
§ 7. The network manager may, during the period regulatory, submit for the approval of the Commission an updated tariff proposal which deals with new services and/or adaptation of existing services. This proposal is introduced and dealt with by the Commission in accordance with the procedure which is applicable for the tariff proposal. This updated tariff proposal takes into account the total income and the proposed tariff approved by the Commission, without altering the entire total income and the existing tariff structure.
§ 8. The King, on a proposal from the Commission drawn up in consultation with the network manager and submitted within 40 calendar days of the receipt of the request of the Minister, shall, after consultation with the regions and after deliberation by the Council of Ministers, the following rules: 1 ° the methodology to determine the total income and fair margin referred to in article 12 , § 2, 2°; This methodology specifies in particular: has) a definition of the assets regulated;
b) evolution rules of assets regulated over time;
(c) a determination of a rate of return on this regulated assets that corresponds to a return that investors, competitive markets, can expect to get for investments long term presenting similar risks, in accordance with the best practices of the international financial market;
2 ° to the tariff structure General for rates of connection to the network, network utilization rates and rates of ancillary services;
3 ° to the treatment of the balance (positive or negative) between the reported costs and income annually a period regulatory by Network Manager, provided that this balance is the result of a difference between non-manageable actual costs incurred by the network manager and the estimated non-manageable costs, and/or a difference between actual volumes and sales of network manager forecasted volumes;
4 ° to the procedure of: has) proposal and approval of the total income and the rates for the first year of each period regulatory;
(b) control of compliance with the rules of evolution of total revenue during the period regulatory, as referred to in § 5 and rates during the period regulatory;
(c) publication of the rates;
5 ° to the annual reports and information that the network manager must provide to the Commission for the control of tariffs by the Commission;
6 ° to the objectives that the network manager must continue in control of the costs;
§ 9. Report models to pass by the Manager of the network to the Commission are developed by the Commission, after consultation with the network manager.
§ 10. In the event a period regulatory, of exceptional circumstances beyond the control of the Manager of the network, it is applying for the approval of the Commission reasoned revision of the rules for the determination of total income, referred to in article 12, paragraph 2, as regards the future of the period regulatory.
At the end of each period regulatory of four years, the network manager determines the (positive or negative) balance between the costs incurred and revenues recorded during the period regulatory by the network manager, provided that this balance is the result of a difference between non-manageable costs borne by the network manager and the estimated non-manageable costs , or a difference between the actual volumes and sales of network manager forecasted volumes.
It shall inform the Commission of this balance, and provide evidence of this fact.
The allocation of this balance is determined by a decree deliberated in the Council of Ministers. ' CHAPTER IV. -

The introduction of tariffs for access to networks of distribution of natural gas, and use of these arts. 94. article 15/5decies of the Act of 12 April 1965 on the transport of gaseous and other products by pipeline, inserted by the law of June 1, 2005, shall be replaced by the following provision: «art.» 15/5decies. § 1. This article applies to managers of distribution networks.
The definition of article 1, 46 ° is also apply.
Clients and holders of authorisations of supply can access every distribution network of natural gas on the basis of the rates established in accordance with the provisions of this article and approved by the Commission.
§ 2.
Distribution network manager determines the total income necessary for the performance of its statutory and regulatory obligations in order to establish the distribution rates. This income is subject to the approval of the Commission.
§ 3. The income referred to in § 2 covers for the period regulatory of four years, in particular: 1 ° all real costs necessary for the exercise of the tasks of distribution manager;
2 ° a fair margin and depreciation, both necessary to ensure that the Manager, necessary future investments and the sustainability of the network;
3 ° where appropriate, the implementation of the public service obligations pursuant to article 15/11;
4 ° where appropriate, the overloads applied to the rates under the Act.
§ 4. Tariffs shall follow the following directions: 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 the best pricing practices applied by managers of similar networks in similar circumstances;
5 ° they are intended to optimise the use of the capacity of the network;
6 ° they are sufficiently decayed, including: a) on the basis of the terms and conditions of use of the network;
(b) with regard to ancillary services;
(c) in relation to any overloads for public service obligations;
7 ° the tariff structures are uniform throughout the territory of the network manager of distribution without differentiation by geographical area.
§ 5. The network manager submits a request for approval of tariffs and rates of ancillary services to the Commission. He published these approved rates.
§ 6. Total income is fixed for a period of four years and rates are on a same period of time. This period four years regulatory begins at the time of the entry into force of the rates.
Total income is broken down on per unit basis for rates. These rates must meet the financial flow needed by the network manager each year to fulfill its obligations in accordance with this Act.
§ 7. Without prejudice to the power of evaluation and control of the Commission, the total income of the first year of the period regulatory serves as a reference to the evolution of the total income for the subsequent years of the term regulatory for four years, taking into account the following evolution rules: 1 ° the categories of components of total revenue as referred to in § 3 and which concern on which the Manager does not have direct control and costs which are necessary for safety, efficiency and reliability of the gas distribution network and evolving on the basis of the costs borne by the Manager. Manageable costs evolve on the basis of an objective indexation formula, and which ensures the coverage of obligations from the Manager of the network in accordance with this Act. After the Commission's opinion, the objective indexation formula is determined by the King after deliberation by the Council of Ministers;
2 ° the depreciation change annually depending on the investment plan;
3 ° the margin annually evolves according to the evolution of regulated assets and the rate of return referred to in § 2;
4 ° interest evolve on the basis of the evolution of interest rates.
§ 8. Managers shall send the Commission, for approval, a proposal for revenue and rates, developed on the basis of the total income referred to in § 3.
§ 9. The Manager may, during the period regulatory, submit for the approval of the Commission an updated tariff proposal which deals with new services and/or adaptation of existing services. This proposal is introduced and dealt with by the Commission in accordance with the procedure for application of the tariff proposal. This updated tariff proposal takes into account the total income and the proposed tariff approved by the Commission, without altering the entire total income and the existing tariff structure.
§ 10. After consultation with the regions, the King, after deliberation by the Council of Ministers, on proposals from the Commission established in consultation with the network manager and submitted within forty days of receiving the request of the Minister, shall adopt rules: 1 ° to the methodology for determining the total income which includes the fair margin referred to in article 15/5decies; This methodology States: has) a definition of the regulated assets taking into account the depreciation as well as new investments.
(b) allocations of amortization;
(c) a rate of return on the regulated asset taking into account a reasonable allocation between funds own and borrowed funds, in accordance with the best practices of the international financial market, allowing competitive markets, managers investors to expect to get the same long-term return for investments with similar risks;
2 ° the general rate structure and the basic principles and procedures for rates;
3 ° to the procedure of proposal, approval, refusal, and publication of the rates, excluding his motivation in accordance with this section;
4 ° to the annual reports and information that managers must provide to the Commission for the control of tariffs by the Commission;
5 ° to the objectives that managers should continue in control of the costs;
6 ° to differences in income for one year relative to each other and caused by a significant increase in the volume of sales of capacity.
§ 11. In the event a period regulatory, of exceptional circumstances beyond the control of Manager, it shall submit to the Commission for approval a substantiated request for the revision of the rules for the determination of total income referred to in § 2, with regard to the upcoming years of the period regulatory.
At the end of each period regulatory of four years, the Manager determines the balance (positive or negative) between the costs incurred and revenues recorded during the period regulatory, provided that this balance is the result of a difference between the actual non-manageable costs and the estimated non-manageable costs, and/or a difference between actual volumes and sales manager forecasted volumes. It shall inform the Commission of this balance and provide the elements attesting to this fact. The allocation of this balance is determined by a royal decree deliberated in the Council of Ministers. » Chapter V. - amendment of the law of 26 January 2006 on the detention of compulsory oil and petroleum products stocks and the creation of an agency for the management of some of these stocks and amending Act of 10 June 1997 on the general regime, detention, traffic and controls of products subject to excise duty article
95. article 5, § 2, 4 °, of the law of 26 January 2006 on the detention of compulsory oil and petroleum products stocks and the creation of an agency for the management of some of these stocks and amending Act of 10 June 1997 on the general arrangements, holding, traffic and controls of products subject to excise duty inserted by the law of December 27, 2006, is replaced by the following provision: «4 ° made by registered oil companies which have no individual stockholding obligation, but decide voluntarily to hold property an individual stock equivalent to the individual obligation referred to in article 4, § 1, 3 °.»
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given to Brussels, June 8, 2008.
ALBERT by the King: Prime Minister, Y. LETERME the Minister of finance, D. REYNDERS the Minister for Social Affairs and public health, Mrs. L. ONKELINX. the Minister of Justice, J. VANDEURZEN the Minister of employment, Mrs. J. MILQUET the Minister of independent, Mrs. S. LARUELLE the Minister of Pensions, Mrs.
Mr. ARENA, the Minister of energy, P. MAGNETTE the Minister for enterprise and Simplification, V. VAN QUICKENBORNE sealed with the seal of the State: the Minister of Justice, J. VANDEURZEN _ Note (1) records 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 tabled in plenary.
015: Text adopted in plenary meeting and transmitted to the Senate.
Full report: May 8, 2008.
The Senate documents: 4 - 739 - 2007/2008: No. 1: project referred by the Senate.
No. 2: amendments.

our 3-5: reports.
No. 6: Decision not to amend.

Annals of the Senate: May 29, 2008.

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