Posted the: 2007-05-15 Numac: 2007011150 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES averages and energy April 1, 2007. -Law on insurance against damage caused by terrorism (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: chapter I:. -Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER II. -Scope art. 2. this Act is applicable to all Belgian risks as defined in article 2, § 6, 8 ° of the Act of 9 July 1975 on the control of insurance undertakings, insofar as the insurance contract covers the repair of the damage caused by terrorism. Terrorism, means "action or threatened action organized clandestinely for purposes of ideological, political, ethnic or religious, executed individually or in groups and attack people or destroying partially or completely the economic value of a physical or intangible, or to impress the public, create a climate of insecurity or put pressure on the authorities. ', to impede the movement and the normal operation of a service or business.
By way of derogation from the previous paragraph, this Act is not applicable to contracts of insurance covering only damage caused by terrorism, or contracts of insurance covering the liability in accordance with the law of July 22, 1985, on civil liability in the field of nuclear energy, for insurance contracts covering damage to a nuclear facility as defined in the Act of July 22, 1985, on civil liability in the field of nuclear energy , neither to contracts of insurance covering bodies of railway vehicles, of the body of air vehicles, of the body of maritime vehicles, air vehicles liability, the liability of railway vehicles or risks to marine vehicles.
This Act is not applicable to the theoretical life insurance cash value.
Chapter III - solidarity Section Ire Regime. -Cooperation between the Belgian State and legal entities of private law art. 3 § 1. The legal person referred to in article 4 and the Belgian Government jointly cover the events in a calendar year to a maximum of EUR 1 billion for the commitments made by the participants referred to in article 4. The above amount is suitable, January 1 of each year, to the evolution of the index of prices to the consumer of the Kingdom, of base being that of December 2005. The King may modify the basic amount by Decree deliberated in the Council of Ministers.
2. The part of the amount that the Belgian State supports is determined annually by mutual agreement with the legal person referred to in article 4. ÷ failure to agree, the King may, by deliberate order in Council of Ministers, determine the portion of the amount that is the responsibility of the Belgian State.
3. The Belgian State is required to intervene only when the share of the amount of the legal person referred to in article 4 is exhausted.
Section II. -The collaboration between legal persons other than authorities art. 4 § 1. Insurers, reinsurers, other legal persons established in Belgium and legal persons who carry out activities in Belgium under the regime of the free provision of services may constitute a legal person they fund.
The objective of this legal person is among all participants, in compliance with the provisions of this Act, the commitments that these participants must run in the event of terrorism.
2. If the above-mentioned Corporation is not formed within twelve months following the entry into force of this section or if such person comes to disappear, the King may, by Decree deliberated in the Council of Ministers, to create a legal person and determine the way that the participants referred to in this section participate in the financing of such person.
3. The statutes of the legal person referred to in this article include at least the provisions concerning the conditions and arrangements for admission, resignation and exclusion of participants, the scope of the commitments of the participants, the Organization and management of the Corporation, the appointment procedures, powers and duration of the mandate of the people in charge of management, the terms fixing and collection of the contributions by participants the terms of establishment and approval of the accounts, the procedure in the event of amendment of the articles, the procedure in the event of liquidation of the legal person, as well as the terms of delegation of powers to the members of management and staff and others to carry out the decisions of the governing bodies.
4. The Statute, the rules of procedure as well as the changes that are made to them shall, after consultation of the Committee on banking, finance and insurance, approved by the King.
The Statute, the rules of procedure as well as the changes that are made to them must be published in the Annexes of the Moniteur belge.
§ 5. The King appoints two representatives to the moral person in the § 1. One of these representatives is appointed on the proposal of the Minister who has the economy in his or her attributions; the other representative is appointed on the proposal of the Minister that budget. These representatives shall ensure compliance with this Act.
They communicate their objections to the Ministers and the Commission banking, finance and insurance. The banking, finance and Insurance Commission communicates the objections received foreign supervisory authorities for insurance and reinsurance companies that operate through branch or free delivery service in Belgium.
CHAPTER IV. -Settlement of claims in cases of terrorism Section Ire. -The Arts Committee
5 § 1. There is established a Committee, which consists of a representative of the Minister who has the economy in charge, a representative of the Minister who has the budget in charge, a representative of the Minister who had employment in his or her attributions, a representative of the Minister who has the public service in his or her attributions, a representative of the coordinating body for threat analysis set up by article 5 of the Act of 10 July 2006 analysis of the threat, and two representatives of the legal person referred to in article 4. The banking, finance and Insurance Commission appoint a representative with consultative votes. Members are appointed by the King for a renewable period of six years. The Committee is chaired by the Chairman of the Insurance Committee, established by article 41 of the law of 9 July 1975 on the supervision of insurance companies.
§ 2. The Committee drafts a rules of procedure approved by the King. ÷ non-decision of the Committee, the King fixed the rules of Interior § 3. The banking, finance and Insurance Commission supports the operating costs of the Committee. The Committee shall meet at the seat of the said Committee.
Section II. -Skills of Committee art.
6 § 1. The Committee shall establish, no later than within a period of six months following the event, if the event meets the definition given in article 2. During the aforementioned period, the Committee meets each month, up to what it has ruled on the question of whether an event meets the definition of article 2. The Committee may decide initiative, at the request of the Council of Ministers or at the request of a participant in the legal person referred to in article 4.
The King may determine the events about which the Committee is not required to meet.
The Committee's decision is published in the Moniteur belge.
§ 2. The fixed Committee, no later than six months after the event, the percentage of compensation that participants must take in charge as a result of the event.
The Committee meets at least once every six months to decide on a possible revision of the percentage.
The Committee takes, no later than 31 December of the third year following the year of occurrence of the event, a final decision on the percentage of compensation payable.
§ 3. Insofar as the King has not used the powers conferred under section 9, such powers back to the Committee if it must rule relatively to an event.
Section III. -Provisions concerning live up to commitments to run by participants art. 7 § 1. The participants referred to in article 4 are running their contractual obligations to the extent of the percentage fixed pursuant to article 6, § 2. If the Committee modifies the percentage, the new percentage shall apply for all claims arising from the event. The reduction of compensation resulting from the new percentage will be not applicable to already paid compensation or allowances to pay for which the participant has already communicated this decision to the person entitled to the fulfilment of a commitment in the event of terrorism. The percentage recovery leads to an increase of the allowance paid for all claims reported to the legal person referred to in article 4 participants resulting from the event.
The King determines the extent in which the percentage set by the Committee
is not applied to allowances paid under the Act of 21 November 1989 on compulsory insurance of liability for motor vehicles.
§ 2. Where the Committee finds that the amount referred to in article 3 is not enough to compensate all the damage sustained or when the Committee lacks sufficient to determine if the amount referred to in article 3 is sufficient, people damage are compensated as a priority. The compensation for moral damage occurs after all other compensation.
S. 8 § 1.
The fulfilment of the commitments of the participants as a result of one or several recognized events as part of the terrorism is limited, by calendar year, to the amount referred to in article 3, regardless of the sum insured mentioned in contract and regardless of the amounts to ensure imposed by applicable law.
§ 2. For insurance contracts which concern damage, properties and/or their content and for insurance contracts concerning consequential damages for damage to real property and/or their contents compensation is, without prejudice to article 7, § 1 and § 1, limited to EUR 75 million maximum per policyholder insurance, insured site and year regardless of the number of contracts of insurance and the number of participants who must run a commitment in the event of terrorism.
For the purposes of this paragraph, all objects provided by the policyholder located to the address of the risk and all the objects provided by the policyholder which cannot be found at the address of the risk are integral parts of the insured if site and to the extent that these objects, by their nature and their construction fall under the activity to address the risk. All objects provided by the policyholder located at a distance less than 50 metres one another and at least one copy can be found at risk, are deemed to be on the same site.
Subsidiaries and parent companies, as defined in the Act of 7 May 1999 containing the Code of corporations, are considered a single policyholder.
This principle is also apply to consortia as well as for related companies.
This paragraph shall not apply to buildings intended for housing and other risks to be set by the King.
§ 3. If the total calculated or estimated compensation exceeds the amount referred to in article 3, the allowances to be paid are limited to competition of the ratio between the amount referred to in article 3 or the means still available and the total of the allowances payable to the calendar year.
4. The King may, by deliberate order in Council of Ministers, have damage of less than a certain amount remain dependant of the person who can lay claim to the fulfilment of a commitment in cases of terrorism and that these damages are not brought the amount referred to in article 3.
Section IV. -Power of determination of criteria related to the concept of event arts.
9. the King may, by Decree deliberated in the Council of Ministers, establish criteria to determine whether several events should be considered as a single event. It has this power for the events that occur in a given period of time. It can define the criteria on the basis of which events are charged to a particular calendar year.
-Insurance Section Ire. -Insurance contracts concluded after the entry into force of the Act s. 10 § 1. The insurance contract may exclude damage caused by terrorism in explicit and precise.
2. By way of derogation to the § 1, the insurance contract must guarantee damage caused by terrorism for the risks and conditions that the King fixed by Decree deliberated in the Council of Ministers.
The following risks must be coverage of the damage caused by terrorism as defined in article 2: 1 ° risks accidents of work;
2 ° risks set by Act of 21 November 1989 on compulsory insurance of liability for motor vehicles;
3 ° the risks addressed by the law of 30 July 1979 relating to the prevention of fire and explosions as well as compulsory insurance of civil liability in these circumstances;
4 ° simple fire-risk risk that the King sets in implementation of article 67 of the law of 25 June 1992 on terrestrial insurance contract;
5 ° the risk falling branches 1, 2, 21, 22 and 23 such as defined in annex I to the royal decree of 22 February 1991 on the general regulation on the control of insurance undertakings.
Damage caused by weapons or devices designed to explode by a change in structure of the atomic nucleus can be excluded in the contract of insurance.
Failing an amount to ensure legally or statutorily, the insurance contract which, under this section, shall include coverage of terrorism provides a same insured amount, that the damage is the result of terrorism or any other cause. The King may have other rules whether application for risk or specific insurance contracts.
Section II. -Insurance contracts in progress at the time of the entry into force of the Act s. 11. the contracts referred to in article 10, § 2, which, at the time of the entry into force of this Act, excluding damage caused by terrorism to cover these damages from the next annual deadline of the premium. Damage caused by weapons or devices designed to explode by a change in structure of the atomic nucleus can remain excluded from this coverage.
The policyholder may request the insurer to grant this warranty as of an earlier date.
Section III. -Amendment of the terms of insurance following the amendment of the Act s. 12. If the limit fixed in article 3 shall be repealed, the insurer has a period of one year from the entry into force of the repeal, to cancel all or part of the terrorism-related security. Termination shall take effect one month after the sending of the notice of termination or a month after the signing of the receipt of the notice of termination.
CHAPTER VI. -Limitation and time sharing of benefits in the case of damage caused by terrorism article
13. by way of derogation from article 2, the chapter is applicable to all risks Belgian as defined in article 2, § 6, 8 °, of the law of 9 July 1975 on the control of insurance undertakings, insofar as these risks are insured by insurance undertakings under Belgian law, or by insurance undertakings whose head office is situated outside the European economic area and whose activities in Belgium are subject to the control of the banking, finance and Insurance Commission.
S. 14. on the proposal of the Minister who has the economy in charge following the opinion of the financial stability Committee referred to in article 117, § 3, of the Act of 2 August 2002 on the supervision of the financial sector and financial services, the King may, by Decree deliberated in the Council of Ministers, limit liabilities that participants must run in the event of terrorism. The King can limit these commitments to a specific amount or a specified percentage of the commitment. It can also exclude from compensation liabilities less than an amount to be determined by him. In addition, it may provide that the fulfilment of the commitments will be distributed in time.
15. as soon as the Minister has, pursuant to article 14, sought the opinion of the Committee on financial stability, the King may, during maximum four months, restrict and distribute in time the implementation of the commitments made by the participants.
CHAPTER VII. -Limitation of the right of subrogation article
16. the subrogation right assigned to the insurer under section 136 body, § 2, of the Act, co-ordinated on 14 July 1994, relating to mandatory health care and insurance benefits, the right of subrogation granted to legal persons and the institutions referred to in article 14, § 3, of the Act of 3 July 1967 on the repair of the damage resulting from occupational accidents accidents occurring on the way to work and occupational diseases in the public sector and the own right of the insurer to the occupational accidents section 47 of the Act of 10 April 1971 on work accidents may be exercised only after full compensation on the basis of this Act, the injured person or his successors by the insurer.
These rights may be exercised at the earliest from the third month following the end of the calendar year in which the event occurred.
CHAPTER VIII. -Subrogation of the public authorities art. 17. the State, the communities and Regions which, for reasons of solidarity, have compensated the injured party in whole or in part until the insurer has made payment of voluntary or forced are subrogated to the extent of the amount of this compensation, in the rights and actions of the injured party against the insurer.
If, by the fact of the person aggrieved, subrogation can no longer produce its effects for the State, communities or Regions, they can claim from the injured person the restitution of the compensation paid to the extent of the harm suffered.
Subrogation cannot harm the injured person who would have been compensated only in part. In this case, it can exercise
his rights, for what is due him, preferably to the State, the communities and Regions.
CHAPTER IX. -Provisions various arts. 18. the King takes orders implementing articles 3, § 1, 4, § 2, 7, § 1, paragraph 2, 8, § 2, paragraph 4, 8, § 4, 9 and 10, § 2, paragraphs 1 and 4, after the opinion of the Committee on insurance and Banking Commission financial and insurance. Minister that the economy in charge fixed deadlines in which the aforesaid notice must be made.
In the event of failure to observe one of these deadlines, the notice is no longer required.
S. 19. the amount fixed in article 3, § 1, the percentage fixed by the Committee referred to in article 6, § 2, and article 7, § 1 and the restrictions laid down in article 8 shall not apply to injured parties and their privies for allowances paid under the Act on April 10, 1971 labour accidents.
Limitation of benefits and distribution in time of allowances pursuant to articles 14 and 15 shall not apply to injured parties and their privies for allowances paid under the Act on April 10, 1971 labour accidents.
S. 20. a section IV, written as follows, is inserted in chapter III of the Act of 1 August 1985 amending of tax and other measures: ' Section IV '. -State aid to the victims of terrorism.
42bis. - the King may extend the compensation of victims of terrorism as defined in article 2 of the law of April 1, 2007 on insurance against damage caused by terrorism and adapt, taking account of the characteristics of terrorism, the obligations of persons entitled to the compensation referred to in the above sections Ire and II.
Without prejudice to the contributions referred to in article 29, the Fund of assistance to victims of intentional violence and occasional rescuers can, for the purposes of this article, be powered by advances from Treasury, loans, donations and bequests, by a portion of the profits from the national lottery as well as by other income that the King determines. » Art. 21. in the law on accidents at work by April 10, 1971, article 7, paragraph 2, is supplemented by the following sentence: "the accident caused by terrorism, as defined in the law of April 1, 2007 on insurance against damage caused by terrorism, and that occurred during the execution of the contract of employment, is considered as occurring due to the execution of the contract of employment. ''
22. in the Act is inserted an article 84A, worded as follows: «art.» 84A.-insurance undertakings may, on concerning the allowances they are required to pay under this Act but who, by virtue of the law of 1 April 2007 on insurance against damage caused by terrorism, are not completely or immediately dependent on them, to appeal to the Fund for accidents at work to the Belgian State. The Belgian State attributed this primarily on the amount referred to in article 3, § 2, of the above-mentioned law of 1 April 2007, taking into account the percentage established in accordance with articles 6, § 2, 7 and 8 of the aforementioned law.
The part of compensation, on basis of the aforementioned law of 1 April 2007, is not to charge insurance companies but that they have paid to beneficiaries, under article 19, paragraph 1 of the above-mentioned Act, may be recovered from the above funds at expense of the Belgian State.
This Fund should advance payments which, on basis of the aforementioned law of April 1, 2007, must not be paid immediately by insurance companies, but they are required to pay to the beneficiaries under article 19, paragraph 2, of the above-mentioned Act.
The King may specify the conditions and the rules of the intervention of the Fund. ».
-Entry into force art. 23. the King fixed the dates of entry into force of this act as soon as the legal person referred to in article 4 has been incorporated, as its statutes have been approved, that its rules of procedure has been established, that representatives of Ministers have been appointed and it will have been brought pursuant to article 3, § 2. This Act in any case become effective the first day of the twelfth month following its publication in the Moniteur belge.
By way of derogation from paragraph 1, articles 3, § 2 and § 3, 4, 5, 9, 18, 20 and 24 come into force the day of the publication of this Act.
CHAPTER XI. -Disposition transitional art.
24 in the absence of order implementing article 3, § 2, the part of the Belgian State is fixed at EUR 300 million.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given to Brussels, April 1, 2007.
ALBERT by the King: the Minister of economy, Mr VERWILGHEN the Minister of Justice, Ms. L. ONKELINX sealed with the seal of the State: the Minister of Justice, Ms. L. ONKELINX _ Note (1) 2006-2007 Session.
House of representatives: Documents. -51-2848 - No. 1: Bill. -No. 2: amendments. -No. 3: report. -No 4: Text adopted by the commission. -No. 5: The text adopted in plenary meeting and transmitted to the Senate.
Compte rendu intégral. -15 February 2007.
See also: House of representatives: Documents. -51-2849 - No. 1: Bill. -No. 2: report. -No. 3: Texts adopted in plenary meeting and transmitted to the Senate.
Senate: 3-2069 - No. 1: project not referred by the Senate.