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28 FEBRUARY 2007. - An Act to establish the status of military personnel in the Armed Forces (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
PART I^er. - General provisions
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. This Act sets out the status of military personnel in the Armed Forces' active framework.
Unless otherwise provided, the provisions of this Act are not applicable to members of the royal family.
Art. 3. For the purposes of this Act, it shall be understood by:
1° "the member": the member of the active framework;
2° "Defence": the Ministry of Defence;
3° "the Minister": the Minister of Defence;
4° "the vacant position": a place in a specific language regime, open to the Armed Forces, for which a person may be recruited as a member, as the case may be in a basic function, a sector of trades, an area of expertise or a group of trades;
5° "registration": the approach by which a person, civil or military, is enrolled in a recruitment session;
6° "the applicant": the person, between the time it registers at a recruitment session and the time it begins its initial military career or, where applicable, where the recruitment process related to the registration is terminated;
7° "Recruitment": the determination of vacancies and the recruitment and selection of applicants;
8° "the recruitment session": a well-determined set of vacant posts characterized by the same category of staff, quality, language regime and type of recruitment;
9° "training levels": the ranked proficiency levels, from the highest to the lowest, A, B, C and D, referred to in Article 3, § 1^erParagraph 1^er of the Royal Decree of 2 October 1937 concerning the status of agents of the State;
10° "Pre-Graduate Recruitment": the recruitment of military personnel who are admitted to a training course to obtain, in or out of the Defence, a diploma corresponding to the level of training required for their personnel category;
11° "Graduate Recruitment": the recruitment of military personnel who already have a degree corresponding to the level of training required for their personnel category;
12° "Lateral Recruitment": the recruitment, after the orientation point, of some military personnel who aim at a flat career;
13° "the aspirant": the member in initial training;
14° "the bachelor": the academic degree sanctioning undergraduate studies of at least 180 credits, or an equivalent degree or certificate;
15° "professional bachelor": the academic degree sanctioning undergraduate vocational studies of at least 180 credits, or a diploma of the short-term higher education of full exercise delivered in the French, Flemish or German-speaking Community, or an equivalent diploma or certificate;
16° "the master": the academic degree sanctioning undergraduate studies of at least 60 credits, or a degree in university education or higher education of the long type granted in the French, Flemish or German-speaking Community, or an equivalent diploma or certificate;
17° "the complementary master": the academic degree sanctioning graduate studies of at least 60 credits, made after an initial academic training of at least 300 credits and sanctioned by the master's degree, or an equivalent diploma or certificate;
18° "equivalent degree or certificate": the degree or certificate recognized at least equivalent by or under a law, a decree, a European directive, a bilateral agreement or an international convention;
19° "the initial training": the complete training that a seeker must follow according to his or her aspirant quality;
20° "the probation period": the training period primarily practical in unit during which the aspirant exercises under supervision the tasks entrusted to him as an officer, military expert, military specialist, non-commissioned officer or volunteer;
21° "the function": the set of tasks and responsibilities that a member must perform and assume in order to carry out, at the correct location in the organization, the assignments assigned;
- the function belongs, as the case may be, to an area of expertise, referred to in the 28th, a sector of trades, referred to in the 29th, a pole of competence, referred to in the 30th, and, as the case may be, to an industry of application to the federal public service;
- the function is related to a military grade and, as the case may be, a class or grade of the federal public service;
22° "the basic function": the function that may be exercised by a member after having completed initial training in a certain field of trade or field of expertise, or the function that may be exercised by a member in a certain area of competence after having completed a course of development intended for registration in a competence centre;
23° "the annexed function": a function performed by a member, additional to the function already exercised;
24° "post": an attached function or function assigned to an organization structure;
25° "the flat quarry": the career of a member exercising one or more specific specific functions, for which specific skills are required that can only be acquired by obtaining a specific degree;
26° "the military expert": the member who develops a flat career and is in possession of the master required for the performance of his duties;
27° "the military specialist": the member who develops a flat career and is in possession of the professional bachelor required for the performance of his duties;
28° "the field of expertise": a grouping of functions with mainly professional skills common in some expertise, reserved for the military who develop a flat career;
29° "the sector of trades": a grouping of functions with mainly common professional skills in the military, operational or technical field reserved for soldiers who do not develop a flat career;
30° "the competence centre": a grouping of functions with mainly common professional skills in the field of management, reserved for soldiers who do not develop a flat career;
31° "the authority of the field of expertise": the member of the field of expertise referred to, having at least the rank of superior expert, or the superior or general officer, from the field of expertise referred to, that the King designates for the exercise of the powers assigned to him by this Act;
32° "level officer A": an officer who has a master or who, after serving as officer of level B, acquires the quality of officer of level A;
33° "the officer of level B": an officer who has a bachelor or a candidate's degree from an academic or equivalent institution, but not a master, or who has received a training in the Armed Forces that is comparable to that of a bachelor, or who has moved from the category of non-commissioned officers to that of officers;
34° "the aspirant officer": the aspirant who seeks an officer's career, either as a Level A officer or as a Level B officer;
35° "the aspirant military expert": the aspirant who seeks a career as a military expert;
36° "the aspirant military specialist": the aspirant who seeks a career as a military specialist;
37° "the non-commissioned aspirant": the aspirant who aims at a non-commissioned career;
38° "voluntary aspirant": the aspirant who seeks a volunteer career;
39° "specific training": the training followed by the aspirant, depending on his or her staff category, his or her quality, type of recruitment, industry or field of expertise, if any, the degree he or she aims and his or her basic function;
40° "test": a test, written or oral, individual or collective, involving a task to be completed, with a specific evaluation technique;
41° "the examination": the test of an academic nature;
42° "reorientation": the orientation of the aspirant to another specific training in the same category of staff and the same level of training, in the same sector of trades or a different industry;
43° "Reclassification": the orientation of the aspirant towards a new initial training in a lower level of training or in a lower category of staff;
44° "the adjournment": the extent by which the aspirant obtains the authorization to submit tests later or to follow certain parts of the training;
45° "the extension of the training": the extension of the normal duration of the initial training following a reorientation, adjournment or decision of the deliberation commission or appeal proceeding referred to in section 178, § 1^er2;
46° "the performance period": each active service period during which a member is required to serve during the initial military career or continued military career;
47° "the group of grades": the grouping, within a subcategory of staff, of two or more grades for the sub-repartition of the workforce;
48° "characteristic fitness": the ability of the aspirant, depending on the characteristics of his personality, to adapt to the military environment and the exercise of the function for which he is formed;
49° "physical fitness criteria": the physical requirements to which a member must meet in order to exercise his or her function;
50° "medical fitness criteria": the medical requirements to which a member must meet in order to exercise his or her function;
51° "the operational category": the codification of the member's ability to perform his or her duties, or, where applicable, his or her annexed function;
52° "the internal passage": the transfer of a member to the status of a state agent within the Defence;
53° "external passage": the transition from a member to a public service excluding the Defence, but not from the agencies that depend on it, or to the private sector, if any, after having followed a program of professional conversion;
54° "professional reorientation": the recruitment of a member by a partner employer of the private sector as part of the external passage;
55° "the orientation process: the process in which it is decided whether the member concerned is retaining the quality of the member or performing the internal or external passage;
56° "the orientation point": the time that closes the orientation process;
57° "the initial military career": the career of a member from the time he acquires the military quality to the point of orientation;
58° "the transfer period": the period between the orientation point and, either the loss of military quality in the event of internal or external passage, or the beginning of the continued military career;
59° "the transfer point": the time that closes the transfer period;
60° "Continued military career": the career of a member from the point of transfer until he leaves the Defence;
61° "the working day": the day that is neither a Saturday, nor a Sunday, nor a holiday.
PART II. - Recruitment
Art. 4. The different types of recruitment are:
1° pre-graduate recruitment;
2° Diploma recruitment;
3° lateral recruitment.
Art. 5. § 1^er. Recruitment before graduation is the recruitment of:
1° military personnel who seek a career as a Level A officer or military expert and who are admitted:
(a) in the first year of training at the Royal Military School, in a higher industrial institute or at the higher school of navigation, or in the training of doctor, veterinary, dentist or pharmacist, or in any other institution of an academic or equivalent level;
(b) in the course of training in a higher industrial institute or in the higher school of navigation, or in the training of a doctor, veterinarian, dentist or pharmacist or of the training that the King fixes in any other institution of a university or equivalent level;
2° military personnel who aim at a level B officer career and who are admitted to a training whose duration is comparable to the minimum duration required to acquire a bachelor;
3° military personnel who seek a career as a military specialist and who are admitted:
(a) in the first year of training in a higher education institution to obtain a professional bachelor;
(b) during training in a higher education institution to obtain a professional bachelor;
4° military personnel who seek a career as a non-commissioned officer and who are admitted to the School of Non-commissioned Officers to obtain a certificate of higher secondary education.
§ 2. Recruitment is the recruitment of:
1° military personnel who seek a career as a Level A officer or military expert and who hold a Master's degree;
2° military personnel who aim at a level B officer career and hold a bachelor's or candidate's degree from an academic or equivalent institution;
3° military who aim for a career as a military specialist and who hold a professional bachelor;
4° military personnel who seek a career as a non-commissioned officer and who hold the certificate of higher secondary education or an equivalent degree or certificate;
5° CF members who seek a volunteer career and who have a certificate certifying that they have completed primary education or an equivalent degree or certificate.
§ 3. Lateral recruitment is aimed at the recruitment of senior military experts, as referred to in Article 29 § 1^er, paragraph 2, 2°, and senior military specialists, as referred to in Article 30, § 1^er2°.
This recruitment serves only to fill vacancies as a senior military expert or a well-determined senior military specialist to which it cannot be filled by Defence personnel. The vacancies are published according to the rules set out in Article 6, § 2.
Applicants for the lateral recruitment of senior military experts should, as appropriate:
1° to have a master's degree and have a specific professional experience;
2° have a complementary master and, if necessary, have a specific professional experience.
Applicants for the lateral recruitment of senior military specialists must have a professional bachelor and have a specific professional experience.
The specific professional experience referred to in paragraphs 3 and 4 must have been acquired outside the Defence and be judged to meet the requirements of the vacant position by the authority of the field of expertise concerned. The King sets its duration by field of expertise.
Art. 6. § 1^er. The Minister shall determine by recruitment session the number of vacancies. On this occasion, it specifies the particularities of vacancies that have a consequence on the selection of the applicant.
The Minister or the authority that he designates for this purpose, within the limits of open spaces, the transfer of unoccupied places within the same recruitment session or between two recruitment sessions.
The Minister or the authority he designates for this purpose, by recruitment session, the priority that will be applied for the assignment of vacant positions to applicants when the same applicant meets the admission requirements for different recruitment sessions.
§ 2. The King fixed:
1° the rules for the publication of the recruitment and vacancy sessions;
2° the registration procedure.
Art. 7. The applicant must, on the day he acquires the quality of a member, have satisfied the school obligation as set out in the law of 29 June 1983 concerning the school obligation.
The applicant may not have reached 31 December of the recruitment year, the maximum age that the King sets, by a royal decree deliberated in the Council of Ministers, by category of staff and type of recruitment, without this age being less than twenty-two years, nor more than twenty-eight years for those who do not aim for a flat career and thirty-two years for those who aim for a flat career.
However, paragraphs 1^er and 2 are not applicable to the applicant referred to in Article 5, § 1^er, 4°, which must have reached the age of sixteen on December 31 of the year of recruitment and may not have reached the age of twenty at that date.
The maximum recruitment age of thirty-two years referred to in paragraph 2 is not applicable to the applicant for lateral recruitment.
Art. 8. The applicant must meet the following conditions:
1° not to be aspiring in the same category of staff, except for the aspirant officer who was recruited according to the provisions of Article 5, § 1^er, 2° or § 2, 2°, which aims at a career as an officer of level A or a military expert;
2° having not lost the quality of the military by pension;
3° having not lost the quality of military by definitive withdrawal of the employment of full right or office;
4° having not lost the military quality following the passage to Operational Category D, referred to in Article 69, paragraph 2, unless this passage was due to medical incapacity;
5° have not lost the quality of a member in the same category of personnel or in a lower category, in the six months preceding the day that he acquires the quality of a member again;
6° for the applicant referred to in Article 4, 1°, not having failed twice in a year of training during a pre-degree recruitment training;
7° for the applicant for air service, not to have been removed from the airborne personnel, unless this radiation occurred at the request of the applicant or because of medical incapacity to the air service.
Art. 9. In order to be able to acquire military quality, the applicant must:
1° satisfying the requirements of Article 8;
2° be Belgian or a national of a member state of the European Economic Area or the Swiss Confederation;
3° demonstrate behaviour consistent with the requirements of the class of personnel concerned;
4° enjoy civil and political rights;
5° satisfying the conditions of study;
6° satisfying the age conditions;
7° satisfy selection tests;
8° be classified in accordance with the provisions of Article 13.
A national of a Member State of the European Economic Area other than Belgium or the Swiss Confederation must have complied with the legislation on the militia in force in the country of which he is a national and must be exempted from any military obligation in that country.
Art. 10. § 1^er. Selection tests referred to in Article 9, paragraph 1^er, 7°, include:
1° psychotechnical tests;
2° of academic or professional knowledge tests;
3° of physical fitness and medical fitness tests including:
(a) a medical examination of medical fitness;
(b) physical condition tests.
Some selection tests may in whole or in part take place abroad.
§ 2. The applicant may appeal a medical incapacity decision to the Military Fitness and Appeal Reform Commission.
The appeal must be substantiated and filed within five working days of notification of the medical fitness decision.
Art. 11. Evidence of the conduct referred to in section 9, paragraph 1^er3°, the applicant:
1° that has not been convicted by a Belgian court of one of the offences referred to in chapters V and VI of Title VII and chapters I and II of Title IX of the Criminal Code or by a foreign court for a similar offence if the decision is recognized in Belgium;
2° that was not sentenced to ordinary or military imprisonment of three months or more of the head of an offence other than those referred to in 1°, with the exception of the offences provided for in articles 419, 419bis, 420 and 420bis of the Criminal Code and those provided for in articles 29, 29bis and 29ter of the laws relating to the traffic police coordinated on 16 March 1968;
3° that was not released from public employment or that was not deprived of any of the rights provided for in section 31 of the Criminal Code;
4° to which the employment of a military member was not definitively withdrawn by placing at the ex officio pension because he was guilty of serious acts incompatible with his state of military;
5° whose engagement or re-engagement as a member was not terminated ex officio because he was guilty of serious acts incompatible with his state of service or because his conduct or manner of service were found to be bad;
6° that, as a reserve member, was not the subject of an ex officio resignation of the rank or a withdrawal of the grade because he was guilty of serious acts incompatible with his state of service or, as the case may be, was not placed, on the same grounds, on availability, unlimited leave or on premature permanent leave when he was performing voluntary supervisory benefits.
However, in order to behave in accordance with the requirements of the categories of officers, military experts, military specialists or non-commissioned officers, the applicant must meet the requirements set out in paragraph 1^er, 3° to 6° and also not having been condemned:
1° to a criminal penalty;
2° to a correctional penalty, with the exception of those provided for in sections 419, 419bis, 420 and 420bis of the Criminal Code and those provided for in sections 29, 29bis and 29ter of the laws relating to the traffic police coordinated on 16 March 1968.
Art. 12. The King fixed:
1° the selection tests and the rules according to which the selection tests are organized, according to the staff category, the type of recruitment or the vacancy;
2° the rules according to which the applicant is valued during the selection tests, the duration of validity of the results of these tests, without the latter being able to exceed two years except for the tests concerning the affections and infirmities that he determines, and the period that must be run before he or she is able to present these tests again;
3° the documents to be provided by the applicant who certify that he meets the conditions of nationality and education, and that he demonstrates the conduct referred to in article 9, paragraph 1^er3°;
4° for a national of a member state of the European Economic Area other than Belgium or the Swiss Confederation, the authority which decides on equivalence in the legislation of the country of which they are a national, the criteria for evaluating the behaviour referred to in Article 11.
Art. 13. Applicants are designated for vacancies for which they apply according to a classification model. The classification takes into account:
1° of the measurement of the suitability of applicants to vacant positions;
2° the preferences of the applicants;
3° of the importance attached to the occupation of vacant posts.
The content and calculation rules of the classification model are fixed by the King.
Art. 14. A recruitment commission whose composition and functioning are fixed by the King shall be competent to:
1° the deliberation of selection, according to the needs of the Armed Forces and based on the results of all selection tests;
2° the application of the classification model to deliberate applicants;
3° the allocation of vacancies to applicants;
4° the evaluation of the results of the classification procedure.
The Recruitment Commission shall notify the applicant of the assignment or non-assignment of a vacant position.
Art. 15. The applicant who participates in a selection test benefits from free health care.
Conditions for which this right to care may be exercised are limited to accidents, indispositions or diseases resulting from participation in a selection test.
These medical care is limited to emergency treatment, ambulatory or non-ambulatory, and cannot exceed the strictly necessary time to allow the applicant to return to his residence or to be transported to a civilian hospital of his choice in Belgium.
Reimbursement of additional medical care and damages arising from the conditions referred to in paragraph 2 are subject to the application of sections 1382 et seq. of the Civil Code.
Art. 16. The applicant who participates in a selection test, enjoys food and, if necessary, housing, in charge of the State. The accommodation is available to the applicant by the Defence.
Art. 17. At any time, the applicant may give up in writing for a vacant position.
Art. 18. It is definitively terminated the recruitment process for the applicant:
1° that renounces in writing its application;
2° that does not appear on the date or place set to participate in the selection activities without any reason;
3° that does not or more satisfy a condition set out in articles 8 and 9;
4° that commits fraud or attempted fraud.
The King shall designate the authority authorized to terminate the recruitment process in the cases referred to in paragraph 1^er3° and 4°. This authority shall notify the applicant of its decision.
PART III. - Military career
CHAPTER I^er. - General provisions
Section I^re. - Quality of military
Art. 19. The applicant is summoned for incorporation.
The King sets out the modalities for convening and incorporation.
Art. 20. On the day of his incorporation, the applicant writes a written statement regarding his medical situation.
However, the applicant may be subjected to a medical screening to verify his or her medical fitness.
The King sets out the terms and procedure for the declaration and medical examination of control.
Art. 21. The applicant acquires the military quality on the day of his incorporation, provided that he is considered medically fit and after he was told that he is subject to military laws. The acquisition of military quality is recognized by the establishment of a document signed by the applicant who receives a copy of it. The head of the unit or service that incorporates is the competent authority to receive this document.
A minor who is not emancipated must justify, in the form of a certificate, the consent of the person or persons who exercise parental authority in his or her respect. The applicant domiciled abroad presents a document considered equivalent to the above-mentioned certificate.
The King fixed:
1° the terms and conditions for the acquisition of military quality;
2° the terms to be applied if the applicant is, on the day of his/her incorporation, medically unfit or if he/she does not yet meet the conditions for the category of personnel that he/she aims or for the quality in that category, without the applicant being able to acquire the quality of military more than ten working days after that day.
Art. 22. The quality of the military is withdrawn by the King, when the member:
1° is no longer a national of a member state of the European Economic Area or of the Swiss Confederation, or is subject to a decision to depart from the territory, return or expulsion, pursuant to the Act of 15 December 1980 on access to the territory, residence, establishment and removal of aliens;
2° is permanently placed on the pension;
3° makes the transfer referred to in articles 141, § 3, and 158, 3°;
4° initiates, as part of the external passage, a new professional activity, as referred to in section 146, or completes the training phase of the vocational conversion program;
5° failed definitively in its initial formation and is not redirected or reclassified;
6° obtains his resignation at his request;
7° is prohibited without a stay of life or time of any of the rights listed in article 31, 1° and 6°, of the Criminal Code in accordance with article 36, paragraph 1^er1°.
The quality of the member shall be withdrawn by the authority that appointed or commissioned the member in its last rank, when the member:
1° is permanently removed from employment in accordance with Article 57, paragraph 1^eror section 59, paragraph 1^er;
2° receives two insufficient job ratings in a three-year period;
3° exceeds the two-year temporary employment withdrawal period during the initial military career in accordance with section 85;
4° passes, during its initial military career, to Operational Category D in accordance with Article 69, paragraph 2.
Section 2. - General description of the career
Art. 23. § 1^er. The military career begins with the initial training, which is part of the initial military career of the member concerned.
At the end of this initial military career and after going through the orientation process:
1° the member begins his continuing military career;
2° or it makes the internal passage;
3° or it makes the external passage.
§ 2. The member of the Lateral Recruitment, referred to in Article 4, 3°, is, at the end of his initial training, admitted to the continuing military career without orientation processes.
These military experts and military specialists can serve for a duration that is fixed by the authority that the King fixes. This period is set on the written proposal of the applicant and the authority of the subject area of expertise. This period may not be less than one year. By agreement of the parties mentioned above, this period may be extended. During the period of mobilization or war, these military experts and military specialists are held in active service, regardless of the duration of the aforementioned agreement.
Section 3. - Staff and grade categories
Art. 24. Each time a grade is mentioned, the equivalent grade is also considered.
Art. 25. § 1^er. The categories of staff are:
1° "officers", appointed or commissioned in an officer's rank;
2° "military experts", appointed or commissioned in an expert rank;
3° "military specialists", appointed or commissioned in a rank of specialist;
4° the "non-commissioned officers", appointed or commissioned in a rank of non-commissioned officer;
5° volunteers, appointed or commissioned in a volunteer rank.
Military personnel who do not pursue a flat career are part of one of the categories of personnel referred to in paragraph 1^er, 1°, 4° or 5°.
Military personnel following a flat career are part of one of the categories of personnel referred to in paragraph 1^er2° or 3°.
§ 2. Serve as a Level A officer, the officers referred to in § 1^erParagraph 1^er, 1°, who were recruited on the basis of a master's degree or who obtained a master's degree at the Royal Military School and the officers referred to in section 119.
serve as officer of level B, the officers referred to in § 1^erParagraph 1^er, 1°, which were recruited on the basis:
1° of a bachelor or candidate's degree issued by an academic or equivalent institution;
2° of a certificate of higher secondary education or a certificate of attendance with fruit of the sixth year of general, technical, artistic or vocational secondary education of full exercise, issued by an organized institution, subsidized or recognized by the State or one of the Communities, or of an equivalent diploma or certificate, for the exercise of the functions that the King fixes for which a training of a duration comparable to the minimum duration required to acquire a bachelor.
Art. 26. Military personnel who do not follow or have not followed a flat career have the skills corresponding to a trade line and acquire, in the course of their career, as the case may be, one or more skills corresponding to one or more competence poles.
Military personnel who follow a flat career have one or more skills corresponding to an area of expertise.
Military personnel who have followed a flat career have the skills corresponding to one or more competence poles.
Art. 27. § 1^er. The ranks of officers follow in the following hierarchical order:
1° sublieutenant or second-class vessel sign;
2° lieutenant or shipmaster;
3rd captain or ship lieutenant;
4° Captain-commander or First Class Ship Lieutenant;
5° major or corvette captain;
6° lieutenant-colonel or frigate captain;
7° colonel or shipmaster;
8th General Staff or Division Admiral;
9° Lieutenant-General or Vice-Admiral;
10° general or admiral.
The following subcategories are distinguished:
1st grade holders referred to in paragraph 1^er1° to 3°, are called junior officers;
2° the holders of the grades referred to in paragraph 1^er, 4°, are subordinate officers who may continue to serve for a specified period of time as a member following their orientation process without being admitted to the continued military career;
3° the holders of the grade referred to in paragraph 1^er5° to 7°, are called superior officers;
4° holders of grades referred to in paragraph 1^er, 8° to 10°, are called General Officers.
§ 2. The grade name can be supplemented by one of the vocables that the King determines.
Art. 28. Officers cease to belong to a sector of trades and a division of competence as soon as they are appointed to a rank of general officer or for the period during which they are commissioned to a rank of general officer.
Art. 29. § 1^er. The ranks of military experts follow in the following hierarchical order:
1st class expert;
2nd class expert;
3° expert;
4th senior expert.
The following subcategories of military experts are distinguished:
1st grade holders referred to in paragraph 1^er1° to 3°, are called junior military experts;
2° the holders of the grades referred to in paragraph 1^er, 4°, are called senior military experts.
§ 2. The King defines the ranks of military experts in the various areas of expertise.
Art. 30. § 1^er. The ranks of military specialists follow in the following hierarchical order:
1st class specialist;
2nd class specialist;
3° specialist;
4° Senior Specialist.
The subcategories of the following military specialists are distinguished:
1st grade holders referred to in paragraph 1^er1° to 3°, are called junior military specialists;
2° the holders of the grade referred to in paragraph 1^er4°, are called superior military specialists.
§ 2. The King defines the ranks of military specialists in the various areas of expertise.
Art. 31. § 1^er. The ranks of non-commissioned officers follow in the following hierarchical order:
1st sergeant or second master;
2° first sergeant or master;
3° first sergeant-leader or master-leader;
4° first sergeant or first master;
5° adjutant or first chief master;
6° Chief Warrantor or Principal Master;
7° Adjudant-major or master principal-leader.
The following subcategories are distinguished:
1st grade holders referred to in paragraph 1^er1° to 3°, are called subalternal officers;
2° the holders of the grades referred to in paragraph 1^er4° and 5° are called elite non-commissioned officers;
3° holders of grades referred to in paragraph 1^er, 6° and 7°, are called senior officers;
§ 2. The grade name can be supplemented by one of the vocables that the King determines.
Art. 32. § 1^er. The ranks of volunteers follow in the following hierarchical order:
1° soldier or sailor;
2° first soldier or first sailor;
3° corporal or quartermaster;
4° first corporal or first quartermaster;
5° caporal-chef or headmaster quarter;
6° first caporal-chef or first quarter-master-leader;
7° Corporal-major or master quarter.
The following subcategories of volunteers are distinguished:
1st grade holders referred to in paragraph 1^er1° to 3°, are called junior volunteers;
2° the holders of the grades referred to in paragraph 1^er4° to 6°, are called elite volunteers;
3° holders of grades referred to in paragraph 1^er, 7°, are called superior volunteers.
§ 2. The grade name can be supplemented by one of the vocables that the King determines.
Art. 33. A senior military expert is assimilated to a senior officer, a junior military expert is assimilated to a junior officer and military specialists have a rank between that of a junior officer and that of a senior officer.
The member who follows a flat career can only command the military whose functional or hierarchical chief is, within the framework of his field of expertise.
Art. 34. The member who, depending on the category of personnel he is targeting, is appointed or commissioned for the first time in the rank of deputy lieutenant, second-class expert, second-class specialist, sergeant or first-time soldier respectively, shall take the oath prescribed by the decree of July 20, 1831 concerning the oath to the implementation of the representative constitutional monarchy, in the hands of his head of body.
Art. 35. Military officers and experts are appointed or commissioned in the rank by the King.
Military specialists and non-commissioned officers are appointed or commissioned by the Minister.
Volunteers are appointed or commissioned in the rank by the Chief of Defence.
The King can only confer ranks up to the corresponding number of jobs.
Art. 36. Subject to the application of the penal provisions, the right to withdraw the grade shall be:
1° the prohibition for life or in time of any of the rights listed in article 31, 1° and 6°, of the Penal Code, pronounced without suspension;
2° the final withdrawal of employment;
3° the fact that, for a member commissioned in a rank, he does not satisfy, in due course, the conditions that remain to be fulfilled for his appointment.
Corporal, the first corporal, the corporal-leader, the first corporal-leader or the private corporal-major of his rank by judicial measure can only be reappointed to the rank of corporal after obtaining legal rehabilitation.
Art. 37. Any member may at any time waive progress. This waiver is irrevocable.
Section 4. - Trades, areas of expertise and competence
Art. 38. The King sets out the list of trades, areas of expertise and competence.
Depending on the needs of the Armed Forces, in the context of the promotion of the military, by subcategory of personnel referred to in sections 27 and 29 to 32, or by grade or grade group, the number of military personnel to be allocated in each sector of trades, field of expertise, and, where applicable, in each jurisdiction cluster.
Military personnel are assigned to a sector of trades, a field of expertise or a competence pole according to their function.
Registration is done in one of the ways defined in sections 39 to 42.
Art. 39. § 1^er. Interim registration in a group of trades, a business sector or a field of expertise takes place at the time of initial training or career change.
The final registration in a trade or field of expertise takes place at the end of the initial training.
The King rules by category of personnel the conditions to which a member must meet in order to be admitted to a profession or field of expertise in which no job of assistant lieutenant, lieutenant, expert, specialist, first sergeant or first soldier is planned.
§ 2. Enrolment in a Competency Pole shall take place when the member passed the portion of the continuing training referred to in Articles 111, § 1^erParagraph 1^er, 2°, 112, § 1^erParagraph 1^erand 140, § 2, paragraph 1^er and §§ 4 and 5, which the King determines.
Art. 40. Each member may be transferred ex officio, in the event of the removal of a trades, a field of expertise or a competence pole, provided that the member meets the criteria of physical fitness and the criteria of medical fitness, as the case may be, his/her new industry, his/her new field of expertise or his/her new competence centre:
1° of the sector of trades removed to another;
2° of the field of expertise removed to another;
3° of the field of expertise removed at a competence pole;
4° of the competence pole deleted to another.
This transfer and, if applicable, the formations associated with it are prescribed by the authority that the King designates.
Art. 41. Each member may be transferred to his/her request, provided that he/she meets the physical fitness criteria and medical fitness criteria, as the case may be, of his/her new industry, new field of expertise or new skill centre:
1° from one industry to another;
2° from one field of expertise to another, as long as it meets the qualification criteria;
3° from one jurisdiction to another;
4° of a sector of trades to a competence pole.
This transfer and, if applicable, the formations associated with it are prescribed by the authority that the King designates.
Art. 42. When a change in the organization of the Armed Forces imposes a new distribution of the military, and provided that the military concerned meet the physical fitness criteria and the medical fitness criteria of the trades, areas of expertise or competence concerned, the King prescribes the necessary transfers after consultation with representative trade union organizations.
Section 5. - Employment
Sub-section I^re. - General
Art. 43. Employment is exercised under orders of service emanating from:
1° of the King or of the authority which He determines for military officers and experts;
2° of the Minister or the authority he determines for non-commissioned officers and military specialists;
3° of the authority the Minister determines for volunteers.
Art. 44. The member may be made available to any public service that is dependent on the federal authority, regions, communities, provinces, municipalities, towns, federations and associations of municipalities, police zones, self-government enterprises referred to in the Act of 21 March 1991 on the reform of certain economic public enterprises, as well as organizations that depend on such public service or organizations that depend on the Defence.
The member may be detached because of an official mission to a public international law institution or in the private sector.
Sub-section 2. - Temporary employment withdrawal
Art. 45. The temporary withdrawal of employment shall take place only in the following cases:
1° at the request of the member:
(a) for personal convenience;
(b) by career interruption;
(c) for family reasons;
2° imposed by the authority:
(a) for health reasons;
(b) by disciplinary measure;
(c) by suspension by order.
Military temporary employment withdrawal remains subject to military criminal laws and military discipline.
Art. 46. In the event of mobilization or in times of war or crisis, referred to in section 186, the military cannot obtain a temporary withdrawal of employment upon request. The same is true for military personnel who in peacetime are in the "operational engagement" sub-position or are actually part of a detachment that is being prepared for this commitment.
Temporary employment withdrawals granted on demand automatically end, without notice, in times of war or in case of mobilization.
In times of crisis or in times of peace, temporary withdrawals of employment granted to the application may, in exceptional cases and provided that the need for staff cannot be met in any other way, be suspended by the authority having granted them in the event of an operational undertaking or notice for that undertaking.
Art. 47. Members who request it may be temporarily removed from their employment by the Minister for personal convenience.
Any temporary employment withdrawal or extension is requested for a period of three, six, nine or twelve months.
Except for exceptional reasons to be appreciated by the Minister, and without this period exceeding thirty-six months, the duration of all temporary employment withdrawals for personal convenience may not exceed a total of twelve months during the military career.
Art. 48. § 1^er. Military personnel who request it may obtain from the Minister an interruption in their career.
§ 2. Any career interruption or extension is requested for a period of three, six, nine or twelve months.
Except for exceptional reasons to be assessed by the Minister, the duration of all career interruptions may not exceed a total of thirty-six months during the military career.
§ 3. Without prejudice to the application of section 176, the member may exercise only an incidental activity as an employee as long as it is already exercised at least three months before the commencement of the career interruption. It may also operate as an independent worker.
For military officers and experts, none of the activities referred to in paragraph 1^er shall not be exercised in the field of the production or trade of arms, ammunition and war materials referred to in Article 296, § 1^er(b) of the Treaty of 25 March 1957 establishing the European Community.
For the purposes of this paragraph, it is considered an incidental activity as an employee, the employee activity whose number of hours of work per week, on average, does not exceed 38 hours. Is considered an independent activity, the activity that requires, according to the regulations in force, the person concerned to register with the National Institute of Social Insurance for Independent Workers.
If the member enters a work activity without authorization or an employee's incidental activity becomes a primary activity, the temporary withdrawal of employment by career interruption is converted from that time to time as a temporary withdrawal of employment for personal convenience.
Art. 49. As long as the interest of the service does not oppose it, the Minister may, at the request of the member, grant a temporary withdrawal of employment for family reasons in order to allow him to devote himself to his children.
This temporary employment withdrawal is granted for up to two years; In any case, it ends when the child reaches the age of three years.
The maximum duration of this temporary withdrawal of employment during the complete military career is extended to four years and is terminated, at the latest, when the child reaches the age of six, if the child is disabled and meets the conditions for the benefit of family allowances under section 47 of the coordinated laws relating to family allowances for employed workers.
At the request of the member and with a notice of one month, the member may terminate the temporary withdrawal of employment for family reasons prior to his or her expiry.
If the father and mother of the child are military, the temporary withdrawal of employment referred to in this section may be distributed among the parents.
Art. 50. The King for military officers and experts, or the Minister for other categories of personnel, may temporarily withdraw from his or her employment on health grounds, the member who, following the decision of the Military Fitness and Reform Commission or the Military Fitness and Appeal Reform Commission, is not yet in a position to resume service.
Subsection 3. - Suspension by order
Art. 51. § 1^er. Where the Minister considers that the presence of a military member in the Armed Forces is in breach of the discipline or good name of the Armed Forces, the Minister may, on his or her own motion or on the proposal of the military chiefs, suspend the latter by order.
Suspension by order is an interim measure that is not disciplinary.
§ 2. The member concerned is heard beforehand about the facts that are charged to him and may be assisted by the person of his choice.
It shall be summoned by notification against acknowledgement of receipt or by registered mail, and shall be deemed to have been heard, even if it does not acknowledge receipt, provided that such summons was made a second time after a reasonable period of time.
However, where it is impossible to hear the member prior to his or her suspension by order or when an emergency warrants it, the Minister may suspend on a reasoned decision a member without hearing it. The latter shall be heard without delay after the suspension is pronounced. When the emergency is invoked, the suspension ceases to produce its effects after fifteen working days, unless it is confirmed by the Minister on the basis of the record, including the hearing of the member concerned.
§ 3. The duration of the suspension by order shall not exceed three months.
In case of need, with respect to the provisions of § 2, the suspension may be extended by minimum periods of three months up to a maximum of two years. For military officers and experts, this extension is decided by the King.
However, where judicial information or criminal proceedings are under way because of the facts that motivate the suspension, the suspension must be terminated no later than six months after the end of the judicial action.
§ 4. Where a member suspended by order is deprived of his or her liberty, the suspension is suspended in full right until the date of release of the member concerned, without further notification to the member concerned. On the other hand, when the suspension by order is notified to a member in pre-trial detention, the taking of effect of the suspension is suspended in full right until the release of the member concerned, without further notification to the member concerned.
Sub-section 4. - From resignation to demand
Art. 52. § 1^er. At any time, the member may present his resignation. This resignation is effective only when accepted by the King for military officers and experts, the Minister for non-commissioned officers and military specialists and the authority the Minister designates for volunteers.
§ 2. The authority referred to in § 1^er may refuse the resignation if it considers that it is contrary to the interest of the service.
§ 3. The resignation is always contrary to the interest of the service in the following cases:
1° if the member concerned remained in active service for less than three years during the period following the training that serves as the basis for the calculation of the performance period referred to in section 179;
2° in times of crisis;
3° in case of mobilization;
4° in wartime;
5° if the member introduces his or her application while in peacetime in the sub-position "in operational undertaking" or is actually part of a detachment that prepares for this commitment.
§ 4. Apart from the exceptional cases expressly motivated by the King or the authority it designates, the resignation referred to in § 2 is not contrary to the interest of the service if the member concerned has remained in active service throughout the performance period referred to in Article 179.
Both in the specific exceptional case referred to in paragraph 1^er, that in the case of an application to resign after the period referred to in § 3, 1°, but before the end of the performance period referred to in Article 179, the member concerned shall be resigned no later than three years after the decision to refuse the resignation, provided that he has not formally withdrawn his request to resign.
Art. 53. The member who lost the quality of the military for one of the reasons listed in section 22, paragraph 1^er, cannot be reintegrated into the active environment.
However, as long as it has not reached the retirement age, the member who has lost the military quality for one of the reasons listed in section 22, paragraph 1^er, 3°, 4° or 6°, for one year or more, may obtain from the King for military officers and experts, the Minister for military specialists and non-commissioned officers, and the authority that the Minister designates for volunteers, the authorization to be reinstated in the active framework, in which case he suffers a loss of seniority equal to the time that has elapsed since his resignation.
Subsection 5. - Statutory measures
Art. 54. The following statutory measures may be imposed against the member:
1° the restraint on the treatment;
2° temporary withdrawal of employment by disciplinary measure;
3° the final withdrawal of employment.
Art. 55. If a member has been convicted of serious acts incompatible with the military status corresponding to his or her personnel category, the Human Resources Director General may make a deduction on the treatment of the member concerned. This deduction is applied for a maximum of one month and is at least two percent and not more than ten percent of the gross monthly salary, due for the month in which the statutory measure is notified to the member concerned.
The application of this statutory measure may not have, for the member concerned, any other monetary consequences than that set out in paragraph 1^er.
The King sets out the terms under which this measure is pronounced.
Art. 56. If a member is guilty of serious acts incompatible with the military status of his or her personnel category, the Minister may withdraw the member from his or her employment by disciplinary measure for a period of up to three months.
If the temporary withdrawal of employment by disciplinary measure of an officer or military expert exceeds one month, the decision to withdraw employment is pronounced by the King.
Art. 57. If a member is guilty of serious acts incompatible with the military status corresponding to his or her personnel category, he or she may be permanently removed from his or her employment.
The action shall be taken by the Minister, after consultation with a board of inquiry. However, for military officers and experts, the measure is pronounced by the King on the Minister's motivated report after consulting an investigative council.
The Board of Inquiry examines whether the facts are established and provides an opinion on their seriousness.
The King sets out the composition of the board of inquiry and rules the procedure.
Art. 58. The member is permanently removed from his or her employment without the intervention of a board of inquiry if he or she is suspended from the unconditional, even temporary, prohibition of one of the rights referred to in article 31, 1 and 6 of the Criminal Code.
The action is taken by the Minister. However, for military officers and experts, the measure is pronounced by the King.
Art. 59. The member in the "normal service" or "training" subheadings referred to in section 191 and who has been illegally absent for more than twenty-one consecutive days, may be permanently removed from his employment in accordance with the procedure established by the King.
The first business day that follows the date on which the member is illegally absent, referred to in paragraph 1^er, is notified, by registered mail, of the possibility of being permanently removed from employment, in accordance with paragraph 1^er. It is deemed to have been notified, even if it does not acknowledge receipt, as long as the said warning was presented to it a second time no later than the 15th day after the date on which it is illegally absent.
The member whose illegal absence is justified by a case of force majeure, is returned to active service by the authority designated by the King.
Art. 60. When a member is separated from the army, either because of the circumstances of war, or because of extraordinary circumstances that are not his or her doing, any provision relating to the final withdrawal of employment is suspended in respect of him or her during his absence.
Section 6. - Ancient rank
Art. 61. The seniority in the grade is determined by the date of appointment to that grade.
However, for members in initial training, seniority in grade is, if any, determined by the date of commission. This also applies to members commissioned to the higher rank in accordance with section 75 or as part of the solicitation process.
Art. 62. A seniority equals in the grade, the seniority is determined:
1° according to seniority in the previous grade;
2° to equal seniority in the previous grade, depending on seniority in the lower grades;
3° to equal seniority in the lower grades, depending on the level of training referred to in Article 3, 9°;
4° to equal level of training, depending on the seniority in this level of training;
5° to equal seniority in a level of training, depending on the service seniority;
6° equal service seniority, depending on the age of the member.
Art. 63. For seniority in the level of training, eligible services are counted from the date on which the member performs benefits in a grade of the level under consideration and that he or she has at least a degree or certificate giving access to the level under consideration. The success of training in social promotion is equivalent to being a graduate or certificate giving access to the level.
Art. 64. Is counted of seniority in grade, seniority in a level of training and service seniority:
1° for its duration, any period of non-activity other than the period of temporary withdrawal of employment on health grounds and the period of unlawful absence justified following a case of force majeure;
2° half of the temporary withdrawal period for health reasons if this temporary withdrawal of employment originates in a non-service fact;
3° the time elapsed between the resignation and the reintegration referred to in section 53, paragraph 2.
For the purposes of paragraph 1^er, 2°, are not considered to be foreign to service the sports activities that the King sets, carried out according to the conditions that He determines.
The seniority in the grade of which the member is a licensee is amended based on the application of paragraph 1^eraccording to the rules laid down by the King.
Section 7. - Grade advancement
Art. 65. § 1^er. The member may not be appointed or commissioned to the higher rank while either in non-activity or suspended by order or separated from the army.
§ 2. Can be appointed or commissioned with retroactive effect:
1° the member in active service after a temporary withdrawal of employment on health grounds;
2° the member who is returned to active service after being suspended by order;
3° the member who joins the army after being separated from it;
4° the member who is returned to active service after being placed on temporary pension for physical incapacity;
5° the member whose application has not been considered in due course for health reasons or for administrative reasons;
6° the member who is taken into active service after the justification for his illegal absence due to a case of force majeure.
In the first four cases, it is taken into account any loss of seniority.
Section 8. - Military appreciation
Sub-section I^re- Appreciation of skills
Art. 66. § 1^er. The member is assessed annually on the performance of the duties related to the position he occupies. This evaluation is called "post appreciation".
The position assessment takes place according to the assessment cycle and the terms and conditions that the King sets. It is based on:
1° the description of the position occupied by the member appreciated during his evaluation of the position;
2° the degree of achievement of the objectives that were set to the member appreciated during the appraisal of the previous position;
3° the behavioral and professional skills of the member appreciated.
The appreciated skills referred to in paragraph 2, 3°, may differ depending on the category or subcategory of personnel, the industry, the field of expertise or the competence of the member concerned and the position he occupies.
§ 2. The position assessment is carried out by the direct functional chief of the individual who meets the conditions fixed by the King.
The quality of functional leadership is reflected in the hierarchical and administrative dependencies of the Armed Forces.
Where applicable, the Director General Human Resources designates the authority that prepares the assessment of the position of the member concerned.
§ 3. The exercise of an annexed function results in a post evaluation, according to the provisions referred to in § 2. This additional position assessment is not taken into account in determining the operational category of the member concerned.
§ 4. Two job evaluations with a "sufficient" reference in a three-year period result in the loss of service quality of the member, unless these job evaluations are issued during or at the end of the internship period.
Art. 67. The potential of officers, military experts, military specialists and non-commissioned officers is estimated as "potential estimation".
This estimate takes place in the following areas:
Conceptual and problem solving;
2° leadership;
3° motivation;
4° of interpersonal relations.
For officers, this estimate takes place at least during the initial training referred to in Article 88, on the occasion of the continuing statutory training referred to in Article 111, § 1^erParagraph 1^er2°, and during the continued military career.
For military experts and military specialists, this estimate takes place at least on the occasion of the continued training referred to in articles 140, §§ 2 and 3.
For non-commissioned officers, this estimate takes place at a minimum in connection with the continued training referred to in Article 140, § 4.
In addition, the Director General Human Resources may provide an estimate of the additional potential for military personnel who, as part of the solicitation process, apply for a specific position.
The King sets out the modalities for estimating potential.
The King may charge a defence department or an external organization to the Defence of the organization and execution of the potential estimate.
Sub-section 2. - Appreciation of physical fitness and medical fitness
Art. 68. § 1^er. The member is appreciated for his physical fitness and medical skills.
This assessment is based on physical fitness criteria and medical fitness criteria.
§ 2. The member must meet the physical fitness criteria to be employed in the function or, where applicable, the associated functions he or she performs.
The criteria for physical fitness are fixed by the King, as the case may be, by age category, group of trades, trades, group of areas of expertise, field of expertise, group of competence poles, competence pole, function or function annexed.
Where applicable, the King may, for the exercise of certain activities, set complementary physical fitness criteria.
To prove that it meets the physical fitness criteria, the member concerned must complete the physical tests that the King sets. The results of these tests are validated by the unit commander in question.
Appreciation of physical fitness takes place:
1° according to a periodicity fixed by the King;
2° no later than six months after the occupation of a new function;
3° not earlier than three months and no later than six months after an assessment at which the member concerned was physically unfit.
§ 3. The member must meet the medical fitness criteria for the required medical profile.
The criteria for medical fitness are fixed by the King, as the case may be, by age category, group of trades, industry, group of areas of expertise, field of expertise, group of competence poles, competence pole, function or function annexed.
If applicable, the King may, for the exercise of certain activities, set additional medical fitness criteria.
In addition, the King fixes:
1° the authorities that must give notice of the medical fitness of the member;
2° the authorities which are competent to determine the medical fitness of the member;
3° the procedure leading to an assessment of the medical fitness of the member.
Appreciation of medical fitness takes place:
1° according to a periodicity that the King sets by group of sectors of trades, industry, group of areas of expertise, field of expertise, group of competence poles, competence pole, function, function annex or activity;
2° at the request of:
(a) head of the military concerned;
(b) concerned military personnel;
(c) Preventive counsellor-working physician for the benefit of the unit of the member concerned;
(d) medical support of the unit to which the member belongs;
(e) the authorities designated by the King;
3° at the time when the member joins his unit after a lack of health for a minimum of four consecutive weeks;
4° no later than six months after the time it was found that the member concerned no longer responded to his medical profile.
For a period of thirty consecutive months, the duration of absence for health reasons cannot exceed twenty-four months.
However, the military suitability and reform commission or the military suitability and appeal reform commission may extend this period by a maximum of twelve months, up to a maximum of sixty months, in the following cases:
1° for the member suffering from a condition for which there are sufficient possible healing indices;
2° for the member with severe and long-term illness.
Severe and long-term diseases mean only long-term chronic, somatic or physical diseases.
Subsection 3. - Operational categories
Art. 69. At the end of the instruction period, the military is one of the following operational categories:
1° "operational category A": for the member:
(a) that meets the physical fitness criteria and medical fitness criteria to be employed in the function and, where applicable, the annexed function that it performs;
(b) and which has obtained at least a "sufficient" statement on the occasion of its last position assessment;
2° "operational category B": for the member:
(a) that has no longer met the physical fitness criteria and medical fitness criteria for less than six months to be employed in the function and, where applicable, the annexed function that it performs;
(b) or who has been absent for health reasons for four consecutive weeks;
3° "operational category C": for the military:
(a) that for a period of one year belonged for six months in accordance with Operational Category B;
(b) or has obtained a "sufficient" statement on the occasion of the last job evaluation, unless this post evaluation is issued during or at the end of the internship period.
The member goes into "Operational Category D":
1° if for a period of thirty-six consecutive months it has been owned for twenty-four months in operational category B or C;
2° or if it exceeds the period of absence for health reasons referred to in Article 68, § 3, paragraph 6.
However, the member for whom a trial procedure is commenced before the Military Fitness and Reform Commission or the Military Fitness and Appeal Reform Commission cannot pass into Operational Class D before the closure of this procedure.
A new period of maximum thirty-six months as referred to in paragraph 2, 1°, begins at the beginning of the continuing military career.
Periods of possible incapacity for maternal and parental protection are not taken into consideration for the achievement of the above-mentioned maximum time limits.
After an absence for health reasons, the member may, as far as the service permits, be authorized, by the authority that the King determines, to work in a part-time work regime. Periods for which a member with such an authorization is absent shall be counted in the period referred to in paragraph 2, 2°. Permission to work in a part-time work regime may not be granted for more than six months during the period in which the member suffers from the same illness.
Art. 70. A member of operational category C because he does not meet the criteria of physical fitness and the criteria of medical fitness for the exercise of a specified function may, on the terms and conditions determined by the King, at his or her request or ex officio, be transferred to another function in his or her professions or areas of expertise or competence for which he meets the criteria of physical fitness and medical fitness.
The member of the operational category C because he does not meet the criteria of physical fitness and the criteria of medical fitness specific to, as the case may be, his group of trades, his/her industry, his/her field of expertise or his/her competence may, according to the terms that the Medical King determines, at his or her request or ex officio be transferred to, as the case may be, another group of professions, another industry This transfer must meet a need for the Defence.
Art. 71. The member who, during his initial military career, passes into Operational Category D, loses ex officio military quality.
However, the possibility is offered to the member who during his initial military career passes into Operational Category D, as a result of injuries or illnesses contracted or aggravated in service and as a result of service:
1° to make the internal passage on its own;
2° to voluntarily perform the external passage.
Art. 72. Without prejudice to the provisions of Article 66, § 4, the member who during his continuing military career passes into Operational Category D:
1° shall, when it is more than five years from the date of retirement, do so in the manner determined by the King:
(a) the internal passage;
(b) the external passage voluntarily;
2° retains, when it is five years or less of the date of retirement, the quality of the member.
Sub-section 4. - Personnel management
Art. 73. The assessments referred to in sections 66 and 68 and, where appropriate, in section 67 are used by each superior for the management of staff.
These assessments should be used for:
1° of promotion; However, use is optional when it comes to a seniority promotion;
2° a career change referred to in section 117 or a social promotion referred to in section 114;
3° of the orientation process referred to in section 120.
These ratings can be used to:
1st assignment;
2° the taking of statutory measures referred to in articles 54 to 59.
Section 9. - Special provisions
Art. 74. The military commander of the Palais de la Nation is placed outside the framework. For the duration of his special service, he may be commissioned to the various ranks up to and including that of lieutenant-general.
These commissions are granted in parallel to the advancement of officers who have the same seniority as a sub-lieutenant, on the proposal of the Speakers of the House of Representatives and the Senate and with respect to the minimum seniority for advancement in a specific grade set out in this Act and the provisions of the Act of 30 July 1938 concerning the use of languages in the army.
Art. 75. § 1^er. In exceptional cases, a member may be commissioned in a precarious capacity to perform the position of the higher rank in his or her field of expertise or in a competence pole he or she has, or for the exercise of functions in international organizations or in interallied military formations.
In exceptional cases, the King may confer by commission the rank of Brigadier General or flotilla Admiral for the exercise of functions in Belgian representations abroad, in international organizations, in interallied military formations, and for the exercise of national functions of an international character that He determines.
The rank of Brigadier General or flotilla Admiral is hierarchically below the rank of General Staff or Division Admiral.
For the commission referred to in paragraph 1^er of military officers or experts, and paragraph 2 of Brigadier General or flotilla Admiral, the order of commission and the report to the King are published to the Belgian Monitor.
The member exercises the duties of the rank to which he is commissioned and bears the insignia.
The commission for the exercise of a post of the higher grade expires on the date the Minister decides that the mission is terminated.
However, for the purposes of this Act, only the grade to which the member is appointed is considered.
However, the member who was commissioned at a grade retains that rank in an honorary capacity when he is placed on a pension after the period in which he or she exercised the duties that required his or her commission.
§ 2. A lieutenant-general may be commissioned in the rank of general for the following jobs:
1st Chief Military House of the King;
2nd Chief of Defence.
This rank may also be conferred by commission for the exercise of functions in international organizations or in interallied military formations.
Art. 76. The King designates, by order deliberately in the Council of Ministers, the lieutenant-general who exercises the employment of chief of defence.
The duration of this term is four years.
The King may, by order deliberately in the Council of Ministers, extend the term by one year.
Art. 77. In his capacity as Commander-in-Chief of the Armed Forces, the King was under the rank of General.
Section 10. - Special provisions for military experts and military specialists
Art. 78. § 1^er. Military experts and military specialists may be required to perform, in civilian or military settings, and, where applicable, abroad, additional training activities determined by the authority of their field of expertise.
Complementary training activities aim to:
1° to maintain at the level and develop the skills required in the exercise of their employment or function among these military experts and military specialists;
2° to achieve certain quality standards.
The conditions for participation in these activities, the nature and form of the benefits to be performed are determined by the authority of the field of expertise to which the military expert or specialist belongs, according to the rules established by the King.
The authority of the field of expertise conducts the control of additional training activities so that they:
1° ensures the maintenance of skills;
2° covers the organization's needs regarding the availability of the military expert and the military specialist.
The authority of the field of expertise assesses, according to the rules and criteria defined by the King, the skills acquired in the complementary training activities. The military expert or military specialist whose skills are insufficient, may be required to perform a further training activity of the same nature.
§ 2. The practical execution modalities of complementary training activities are determined by the authority of the field of expertise concerned. These terms and conditions are set on a written proposal by, as the case may be, the management and representation body of the institution or society, or the military expert or military specialist concerned. The military expert or military specialist who performs additional training activities, receives a copy of the document, which he must sign for agreement.
These terms and conditions are based on a model model approved by the Minister, including at least:
1° the duration of the activity;
2° the schedule, the leave regime and the working regime;
3° the rules for handling training costs;
4° the nature of the benefits;
5° the concrete modalities for the evaluation of acquired skills;
6° the rules relating to the civil liability of the institution, the Defence and the military expert or the military specialist concerned.
In addition, these terms and conditions may include the rules relating to care, including employer contributions, salary, allowances, allowances, bonuses, benefits of any kind, benefits and family allowances of that military expert or military specialist.
CHAPTER II. - From the original military career
Section I^re. - General
Art. 79. The initial military career begins with initial training.
This initial military career ends at a maximum of twelve years, starting from the date of appointment in the respective ranks of lieutenant, expert, specialist, first sergeant and first soldier, or lasts up to a maximum age.
For the member who participates in the social promotion referred to in section 114, the date of appointment referred to above is the date of appointment in the new category of personnel.
The maximum age referred to in paragraph 2 shall be set for officers, non-commissioned officers and volunteers at forty-six years for those who belong to their category of staff following one or more social promotions and forty years for others.
No maximum age is set for military personnel who follow a flat career.
Art. 80. At the time the initial formation begins, the aspirant is commissioned in full right to the rank of soldier or, in the cases the King determines, retains the rank to which he was appointed or commissioned.
Art. 81. Depending on the category of personnel for which he is trained and the type of recruitment, the aspirant may be commissioned to one or more of the following grades in the following hierarchical order, according to the rules that the King determines:
1° the aspirant officer:
(a) Corporal;
(b) Sergeant;
(c) Adjutant;
2° the aspirant military expert: third class expert;
3° the aspirant military specialist: third class specialist;
4° the vacuuming officer:
(a) First soldier;
(b) Corporal.
Art. 82. § 1^er. Aspirant officer who was recruited according to the provisions of Article 5, § 1^er, 1°, a), is:
1° commissioned in the grade or grades of:
(a) sublieutenant on the twenty-sixth day of the last month of the quarter in which he has acquired the quality of aspirant officer for three years;
(b) Lieutenant, if the normal duration of his initial training is greater than six years, on the twenty-sixth day of the last month of the quarter in which he has acquired the quality of aspirant officer for six years;
2° named in the rank of lieutenant:
(a) the twenty-sixth day of the last month of the quarter in which he has acquired for six years the quality of aspirant officer, if the normal duration of his initial training is less than six years;
(b) at the end of his initial training with retroactive effect until the day on which he was commissioned in the rank of lieutenant, if the normal duration of his initial training is greater than six years.
As soon as he acquires the quality of aspirant officer of level A, the aspirant recruited according to the provisions referred to in Article 5, § 1^er, 1°, b), is commissioned in the grade of which the aspirants of the promotion to which it is attached.
The promotion to which the aspirant referred to in paragraph 2 is attached is that of aspirants referred to in paragraph 1^er who started a course leading to the same degree as that of this aspirant, the same academic year as that in which he began graduate studies during which he was recruited, taking into account the delays in these studies prior to his recruitment.
If the aspirant referred to in paragraph 2 cannot be commissioned in the rank of sub-lieutenant pursuant to section 3 of the Act of 30 July 1938 concerning the use of languages in the army, it is commissioned in the rank of adjutant.
For subsequent commissions and for appointment to the rank of lieutenant, the aspirant referred to in paragraph 2 follows the fate of the aspirants of the promotion to which he is attached.
§ 2. The aspirant officer who was recruited according to the provisions of Article 5, § 2, 1°, is:
1° commissioned in the grade or grades of:
(a) sublieutenant on the twenty-sixth day of the last month of the quarter in which he has acquired for a year the quality of aspirant officer;
(b) Lieutenant, if the normal duration of his initial training is greater than two years, on the twenty-sixth day of the last month of the quarter in which he has acquired for two years the quality of aspirant officer;
2° appointed in the rank of lieutenant:
(a) the twenty-sixth day of the last month of the quarter in which he has acquired for two years the quality of aspirant officer with retroactive effect until the day on which he was commissioned in the rank of deputy lieutenant, if the normal duration of his initial training is less than two years;
(b) at the end of his initial training with retroactive effect until the day on which he was commissioned in the rank of sub-lieutenant, if the normal duration of his initial training is greater than two years.
§ 3. The aspirant officer who was recruited according to the provisions of Article 5, § 2, 2°, is:
1° commissioned in the rank of deputy lieutenant on the twenty-sixth day of the last month of the quarter in which he has acquired for a year the quality of aspirant officer;
2° appointed in the rank of sub-lieutenant:
(a) the twenty-sixth day of the last month of the quarter in which he has acquired for two years the quality of aspirant officer with retroactive effect until the day on which he was commissioned in the rank of deputy lieutenant, if the normal duration of his initial training is less than two years;
(b) at the end of his initial training with retroactive effect until the day on which he was commissioned in the rank of sub-lieutenant, if the normal duration of his initial training is greater than two years;
3° appointed in the rank of lieutenant when he is three years old in the rank of lieutenant.
§ 4. Aspirant officer who was recruited according to the provisions of Article 5, § 1^er, 2°, is:
1° commissioned in the rank of deputy lieutenant on the twenty-sixth day of the last month of the quarter in which he has acquired for three years the quality of aspirant officer;
2° appointed in the rank of sub-lieutenant:
(a) the twenty-sixth day of the last month of the quarter in which he has acquired for four years the quality of aspirant officer with retroactive effect until the day on which he was commissioned in the rank of deputy lieutenant, if the normal duration of his initial training is less than four years;
(b) at the end of his initial training with retroactive effect until the day on which he was commissioned in the rank of sub-lieutenant, if the normal duration of his initial training is greater than four years;
3° appointed in the rank of lieutenant when he is four years old in the rank of lieutenant.
§ 5. Aspiring military expert who was recruited according to the provisions of Article 5, § 1^er, 1°, is:
1° commissioned in grade or grades:
(a) second-class expert on the twenty-sixth day of the last month of the quarter in which he has acquired the quality of aspirant military expert for three years;
(b) an expert, if the normal duration of his initial training is greater than six years, on the twenty-sixth day of the last month of the quarter in which he has acquired for six years the quality of aspirant military expert;
2° appointed in the rank of expert:
(a) the twenty-sixth day of the last month of the quarter in which he has acquired for six years the quality of aspirant military expert, if the normal duration of his initial training is less than six years;
(b) at the end of his initial training with retroactive effect until the day on which he was commissioned in the rank of expert, if the normal duration of his initial training is greater than six years.
As soon as it acquires the quality of aspirant military expert, the aspirant recruited according to the provisions of Article 5, § 1^er, 1°, b), is commissioned in the grade of which the aspirants of the promotion to which it is attached.
The promotion to which the aspirant referred to in paragraph 2 is attached is that of aspirants referred to in paragraph 1^er who started a course leading to the same degree as that of this aspirant, the same academic year as that in which he began graduate studies during which he was recruited, taking into account the delays in these studies prior to his recruitment.
If the aspirant referred to in paragraph 2 cannot be commissioned in the rank of second-class expert by application of Article 3 of the Act of 30 July 1938 concerning the use of languages in the army, he is commissioned in the rank of third-class expert.
For subsequent commissions and for appointment as an expert, the aspirant referred to in paragraph 2 follows the fate of the aspirants of the promotion to which it is attached.
§ 6. Aspirant military specialist who was recruited according to the provisions of Article 5, § 1^er, 3°, a), is:
1° commissioned in grade or grades:
(a) second-class specialist on the twenty-sixth day of the last month of the quarter in which he has acquired for three years the quality of aspirant military specialist;
(b) a specialist, if the normal duration of his initial training is greater than four years, on the twenty-sixth day of the last month of the quarter in which he has acquired for four years the quality of aspirant military specialist;
2° named in the rank of specialist:
(a) the twenty-sixth day of the last month of the quarter in which he has acquired for four years the quality of aspirant military specialist, if the normal duration of his training is less than four years;
(b) at the end of his initial training with retroactive effect until the day on which he was commissioned in the rank of specialist, if the normal duration of his initial training is greater than four years;
As soon as it acquires the quality of aspirant military specialist, the aspirant recruited according to the provisions of Article 5, § 1^er, 3°, b), is commissioned in the grade of which the aspirants of the promotion to which it is attached.
The promotion to which the aspirant referred to in paragraph 2 is attached is that of aspirants referred to in paragraph 1^er who started a course leading to the same degree as that of this aspirant, the same academic year as that in which he began graduate studies during which he was recruited, taking into account the delays in these studies prior to his recruitment.
For subsequent commissions and for appointment as a specialist, the aspirant referred to in paragraph 2 follows the fate of the aspirants of the promotion to which it is attached.
§ 7. The aspiring military expert who was recruited according to the provisions of Article 5, § 2, 1°, is:
1° commissioned in grade or grades:
(a) second-class expert on the twenty-sixth day of the last month of the quarter in which he has acquired the quality of aspirant military expert for six months;
(b) an expert, if the normal duration of his initial training is greater than one year, on the twenty-sixth day of the last month of the quarter in which he has acquired for a year the quality of aspirant military expert;
2° appointed in the rank of expert:
(a) the twenty-sixth day of the last month of the quarter in which he has acquired for one year the quality of aspirant military expert, if the normal duration of his initial training is less than one year;
(b) at the end of his initial training with retroactive effect until the day on which he was commissioned in the rank of expert, if the normal duration of his initial training is greater than one year.
During his appointment as an expert, a certain seniority in the rank of expert is granted to the member concerned according to his relevant experience or his complementary degrees. The terms and conditions for the award of this formerity, in which at least the opinion of the authority of the field of expertise is requested, are fixed by the King without the latter being able to exceed five years.
§ 8. The aspirant military specialist who was recruited according to the provisions of Article 5, § 2, 3°, is:
1° commissioned in the grade or grades of:
(a) second-class specialist on the twenty-sixth day of the last month of the quarter in which he has acquired the quality of aspirant military specialist for six months;
(b) specialist, if the normal duration of his initial training is greater than one year, on the twenty-sixth day of the last month of the quarter in which he has acquired for a year the quality of aspirant military specialist;
2° named in the rank of specialist:
(a) the twenty-sixth day of the last month of the quarter in which he has acquired for one year the quality of aspirant military specialist, if the normal duration of his initial training is less than one year;
(b) at the end of his initial training with retroactive effect until the day on which he was commissioned in the rank of specialist, if the normal duration of his initial training is greater than one year.
During his appointment in the rank of specialist, a certain seniority in the rank of specialist is granted to the member concerned according to his relevant experience or his complementary degrees. The modalities of granting this formerity are fixed by the King without the latter being able to exceed five years.
§ 9. The non-commissioned aspirant who was recruited under the provisions of Article 5, § 1^er4°, is:
1° commissioned in the grade or grades of:
(a) sergeant on the twenty-sixth day of the last month of the quarter in which he has acquired the quality of aspirant non-commissioned officer for two years;
(b) first sergeant, if the normal duration of his initial training is greater than four years, on the twenty-sixth day of the last month of the quarter in which he has acquired for four years the quality of aspirant non-commissioned officer;
2° appointed in the rank of first sergeant:
(a) the twenty-sixth day of the last month of the quarter in which he has acquired for four years the quality of aspirant non-commissioned officer, if the normal duration of his initial training is less than four years;
(b) at the end of his initial training with retroactive effect until the day on which he was commissioned in the rank of first sergeant, if the normal duration of his initial training is greater than four years.
§ 10. The non-commissioned aspirant who was recruited according to the provisions of Article 5, § 2, 4° is:
1° commissioned in the grade or grades of:
(a) sergeant on the twenty-sixth day of the last month of the quarter in which he has acquired the quality of aspirant non-commissioned officer for one year;
(b) first sergeant, if the normal duration of his initial training is greater than two years, on the twenty-sixth day of the last month of the quarter in which he has acquired for two years the quality of aspirant non-commissioned officer;
2° appointed in the rank of first sergeant:
(a) the twenty-sixth day of the last month of the quarter in which he has acquired for two years the quality of aspirant non-commissioned officer, if the normal duration of his initial training is less than two years;
(b) at the end of his initial training with retroactive effect until the day on which he was commissioned in the rank of first sergeant, if the normal duration of his initial training is greater than two years.
§ 11. The volunteer aspirant who has been recruited according to the provisions of Article 5, § 2, 5°, is:
1° commissioned in the rank of first soldier on the twenty-sixth day of the last month of the quarter in which he has acquired for a year the quality of aspirant voluntary, if the normal duration of his initial training is greater than one year;
2° appointed in the rank of first soldier:
(a) the twenty-sixth day of the last month of the quarter in which he has acquired for a year the quality of a voluntary vacuum, if the normal duration of his initial training is less than one year;
(b) at the end of his initial training with retroactive effect until the day on which he was commissioned in the rank of first soldier, if the normal duration of his initial training is greater than one year.
§ 12. The aspiring military expert who was recruited according to the provisions of Article 5, § 3, is:
1° commissioned in grade or grades:
(a) an expert on the twenty-sixth day of the last month of the quarter in which he has acquired the quality of aspirant military expert for six months;
(b) Senior Expert, if the normal duration of his initial training is greater than one year, on the twenty-sixth day of the last month of the quarter in which he has acquired for a year the quality of aspirant military expert;
2° appointed in the rank of Senior Expert:
(a) the twenty-sixth day of the last month of the quarter in which he has acquired for one year the quality of aspirant military expert, if the normal duration of his initial training is less than one year;
(b) at the end of his initial training with retroactive effect until the day on which he was commissioned in the rank of principal expert, if the normal duration of his initial training is greater than one year.
§ 13. The aspirant military specialist who was recruited according to the provisions of Article 5, § 3, is:
1° commissioned in grade or grades:
(a) specialist on the twenty-sixth day of the last month of the quarter in which he has acquired the quality of aspirant military specialist for six months;
(b) Senior specialist, if the normal duration of his initial training is greater than one year, on the twenty-sixth day of the last month of the quarter in which he has acquired for a year the quality of aspirant military specialist;
2° named in the rank of senior specialist:
(a) the twenty-sixth day of the last month of the quarter in which he has acquired for one year the quality of aspirant military specialist, if the normal duration of his initial training is less than one year;
(b) at the end of his initial training with retroactive effect until the day on which he was commissioned in the senior specialist, if the normal duration of his initial training is greater than one year.
Art. 83. However, the appointments or commissions referred to in Articles 81 and 82 may take place at a later time in accordance with the provisions of Article 109.
Art. 84. § 1^er. The ranks of captain, chief sergeant and corporal are conferred on seniority by the King to officers, the minister to non-commissioned officers and the chief of defence to volunteers, after five years of seniority in the previous rank.
However, the lieutenant, the first sergeant or the first soldier whose manner of service is not deemed satisfactory may be exceeded in advance.
The manner of serving the military concerned is appreciated by their hierarchical leaders according to the rules established by the King and in the form that He prescribes. These opinions are brought to the attention of the interested party. No unfavourable notice may be issued without the member concerned being able to submit his or her justifications.
When assessing, it is taken into account:
1° of the post evaluations referred to in section 66;
2° where applicable, estimates of the potential referred to in section 67;
3° of the assessment of the aptitudes referred to in Article 68.
§ 2. The nomination of the lieutenant, the first sergeant or the first surpassed soldier shall be considered a second time one year after the date of the first examination or, by agreement of the member concerned, within the year of active service that follows the date of the first examination and a third and final time two years after the date of the first examination or, by agreement of the member concerned, within the second year of active service that follows the date of the first examination that was made.
The member who was not promoted after the last examination no longer participates in the advancement.
Art. 85. The total period of temporary employment withdrawal, with the exception of that for health reasons and without taking into account the personal adjournments obtained during the initial training, cannot exceed the period of two years during the initial military career. In the event of overtaking, the member loses his or her military status.
Art. 86. Each period in the "non-activity" position referred to in section 189 and the period referred to in section 53, paragraph 2, shall be suspensive for the calculation of the duration of the original military career and for the seniority of the member concerned.
However, the maximum age referred to in section 79 may be exceeded by the duration of these suspensions.
Art. 87. The King may annually, as required by the Defence, open spaces for a voluntary internal or external passage.
Section 2. - Initial training
Sub-section I^re. - General
Art. 88. Initial training includes, as the case may be, two or three consecutive training periods:
1° a period of school training, a period of instruction and a period of training for aspirant who was recruited according to the provisions of Article 5, § 1^er, 1°, 3° or 4°;
2° a period of instruction and a period of internship for aspirant other than that referred to in 1°.
A training period may be subdivided into training parts.
The aspirant can only start a training period if it has passed the previous training period.
However:
1° the aspirant who, following a failure for a specified training period, awaits the decision of the deliberation commission referred to in section 101 or of the appeal proceeding referred to in section 178, § 1^er, paragraph 2, temporarily participates in the following training period;
2° the period of school training may be interrupted by parts of the training period.
During school and training periods, if required by the organization of the various training parts, the aspirant may be placed in wait times before entering the next training part.
During the waiting period, the aspirant exercises a function for which he received training.
Art. 89. Aspirant may be required to receive all or part of its initial training in a foreign or multinational military establishment, or in a civil establishment in Belgium or abroad.
The King determines the authority that determines the equivalence of these formations and that sets out the way in which these aspirants are appreciated.
It is taken into account, for this part of training, the regime of this institution with regard to the granting of a dispensation or adjournment, the appreciation of academic and vocational learning skills, the organization and operation of the deliberation commission and the measures to be taken by this commission. Appreciation of physical, physical and medical skills may be limited to certain parts of training.
Art. 90. The internship period takes place in the member's first assignment unit and lasts at least three months.
During this period, the aspirant exercises a function for which he received training.
Art. 91. Depending on the needs of the Armed Forces, the King determines, by category of personnel, by type of recruitment, and, as the case may be, by degree targeted, by group of trades, industry or field of expertise, or by basic function:
1° the structure of the initial formation;
2° the normal duration of training periods;
3° the nature of the courses and tests.
Art. 92. Under the conditions and according to the procedure that the King determines, the aspirant may be exempted from training parts by the authority that the King designates, if he has already followed with fruit these training parts or equivalent training parts.
Art. 93. Aspirants are classified, if applicable:
1° for orientation to a business, a field of expertise or a function;
2° for unit assignment;
3° for the determination of relative seniority in the grade, at the end of the initial formation.
The classification of aspirants is based on the results of the assessments referred to in section 96, with the exception of the appreciation of medical fitness, obtained during the training parts already followed at the time of classification.
However, for aspirants of graduation or lateral recruitment, the results obtained during the selection tests are also considered for the classification referred to in paragraph 1^er1°.
The King sets, depending on the industry, the field of expertise or the function of the aspirant:
1st times when the classifications referred to in paragraph 1^er1° and 2° are established;
2° the coefficients of significance of the results;
3° the execution procedures for dispensing part of training, extension of training or when a test is to be submitted again.
Art. 94. § 1^er. The military's circumstance leave regime applies to aspirants.
During school and educational periods, the aspirant is granted leave in the training program.
During probation or waiting periods, subject to the application of the provisions of section 95, the aspirant follows the leave and leave regime of the staff category for which he is trained and the body in which he is assigned.
§ 2. During educational and educational periods, additional educational assistance measures may be imposed outside the normal study hours of the training program, where the results of the aspirant require it.
Art. 95. The legal and regulatory provisions relating to:
1° to the voluntary four-day working regime;
2° to internal and external passage;
3° to political leave.
Not applicable to aspirants, subject to the granting of an adjournment for personal convenience, the relevant legislative and regulatory provisions:
1° to parental protection;
2° on leave for care of a seriously ill parent;
3° to palliative care leave;
4° to temporary employment withdrawals at the request of the member.
Sub-section 2. - Appreciation
Art. 96. § 1^er. At the end and, if applicable, during the school training period, the aspirant is appreciated with respect to:
1° his academic ability;
2° its material ability;
3° the physical fitness and medical fitness referred to in section 68.
At the end of each academic year, a global appreciation of academic fitness and a global appreciation of the material fitness are established for the entire academic year.
§ 2. At the end and, if applicable, during the instruction period, the aspirant is appreciated with respect to:
1° his professional learning ability;
2° its material ability;
3° the physical fitness and medical fitness referred to in section 68.
At the end of the period, overall evaluations of professional learning aptitude and material fitness are established for the entire period.
§ 3. At the end and, if applicable, during the internship period, the aspirant is appreciated with respect to:
1° the performance of the duties related to the position it occupies, by means of the appraisal of the position referred to in Article 66, § 1^erparagraphs 2, 1 and 3;
2° the physical fitness and medical fitness referred to in section 68.
§ 4. In the first year of training, the physical tests referred to in section 68 may be presented for the first time on the first day of the sixth month following the month of incorporation.
The aspirant has two tests to complete the physical tests. A minimum period of eight weeks shall be between each test.
§ 5. The King fixed:
1° the authorities who appreciate;
2° the terms of the appraisal;
3° where applicable, depending on the specific formation of the aspirant, additional moments of appreciation;
4° the conditions to be fulfilled to succeed in training.
§ 6. In case of moments of appreciation coincide, only one assessment is made.
Art. 97. The evaluations of academic fitness and professional learning skills are based on the results obtained during the tests.
Art. 98. Acknowledgment of fitness is an appreciation of the attitude of the aspirant as a member according to certain criteria, based on behaviour indicators. The list of criteria and the list of behaviour indicators are set by the King.
The weighting and the exclusive or not character of the criteria, the value scale of the behaviour indicators and the minimum grades to succeed are fixed by the King according to the category of personnel for which the aspirant is trained and, if any, its group of trades, its industry, its field of expertise or its specific training, and the moment of appreciation.
Art. 99. To succeed in its initial training, the aspirant who was recruited according to the provisions of Article 5, § 1^er, 1°, 3° or 4°, shall:
1° at times of appreciation referred to in section 96, meet the physical fitness criteria and the medical fitness criteria referred to in section 68;
2° in each academic year, obtain at least the minimum grades to succeed in the evaluations of academic fitness, material fitness and, where applicable, professional learning at the moments of appreciation referred to in Article 96;
3° during a period of instruction following the period of school training, obtain at least the minimum notes to succeed in the evaluations of the material fitness and fitness of professional learning at the moments of appreciation referred to in Article 96, §§ 2 and 5;
4° during the internship period, satisfy the assessment of the position referred to in Article 66 at the moments of appreciation referred to in Article 96, §§ 3 and 5.
Art. 100. In order to complete its initial training, the aspirant other than the one referred to in section 99 must:
1° at times of appreciation referred to in section 96, meet the physical fitness criteria and the medical fitness criteria referred to in section 68;
2° during the period of instruction, obtain at least the minimum notes to succeed in the evaluations of the material fitness and fitness for professional learning at the moments of appreciation referred to in Article 96, §§ 2 and 5;
3° during the internship period, satisfy the assessment of the position referred to in Article 66 at the moments of appreciation referred to in Article 96, §§ 3 and 5.
Art. 101. A commission of deliberation, of which the King sets the composition and operation, is pronounced on the aspirant who:
1° did not meet the success criteria when:
(a) an assessment of the academic fitness referred to in section 99;
(b) an assessment of the fitness for professional learning referred to in sections 99 and 100;
(c) an assessment of the material fitness referred to in sections 99 and 100;
(d) an assessment of the physical fitness referred to in sections 99 and 100;
(e) an assessment of the medical fitness referred to in sections 99 and 100;
2° received the "insufficient" indication during a statutory post evaluation.
This commission decides whether the aspirant has succeeded or not.
If the aspirant has not succeeded, the commission shall decide, as the case may be and in accordance with the terms and conditions that the King fixes, subject to the time limits referred to in Article 104, that the aspirant:
1° may present one or more tests, or one or more physical tests;
2° obtains an extension of its specific training;
3° has definitely failed.
The commission shall give notice relating to the reorientation or reclassification of a seeker who has permanently failed the competent authority to decide that the King designates.
Subsection 3. - Special measures
Art. 102. The aspirant may obtain from the authority that the King designates an adjournment under the conditions and according to the procedure that the King fixes, provided that the maximum duration of the extension of the training referred to in section 103 is not exceeded, if it is found or was unable to prepare or participate in certain tests, or to follow or complete certain training parts thereafter:
1° of preventive detention;
2° of a temporary withdrawal of employment referred to in section 45, paragraph 1^er2°;
3° health reasons;
4° of pregnancy;
5° of circumstances considered serious and exceptional;
6° of personal convenience.
An adjournment for personal convenience is considered a temporary withdrawal of employment for personal convenience.
Art. 103. Initial training may be extended to:
1° two years during the school training period of the aspirant officer and the aspirant military expert;
2° a year during the school training period of the non-commissioned aspirant and the military aspirant;
3° a year during the entire period of instruction and training.
The interruption of the education period by training parties in the education period does not increase the extensions referred to in paragraph 1^er1° and 2°.
In the case of pilot training, the extension of the training due to poor atmospheric circumstances is not considered for the calculation of the maximum extensions referred to in paragraph 1^er.
Derogation from the provisions of paragraph 1^er, as a result of absence for health reasons, or for reasons deemed to be serious or exceptional by the Minister, an additional extension of the maximum one-year training may be granted according to the rules that the King sets.
Art. 104. During the school training period, an extension decided by the deliberation board shall not exceed one year, provided that the maximum duration of the extension of the training referred to in section 103 is not exceeded.
During the period constituted by the periods of instruction and training, the extension decided by the deliberation commission shall be a maximum of one year, provided that the maximum duration of the extension of the training referred to in section 103 is not exceeded.
Art. 105. § 1^er. Reorientation is possible according to the terms and criteria that the King sets according to the needs of the Armed Forces, and provided that the aspirant meets the criteria of physical fitness and the criteria of medical fitness of the industry concerned, to:
1° a specific training requested by the aspirant, for approval by the authority that the King designates;
2° a specific training decided on its own by the authority that the King designates, following a structural change in personnel needs;
3° a specific formation decided by the authority that the King designates following a request for reorientation of the aspirant who:
(a) has permanently failed on a decision of the deliberation commission or appeal proceeding referred to in Article 178, § 1^er2;
(b) during the period of instruction or the period of probation, had to be removed from the instruction or training following a refusal or withdrawal of the required security clearance;
(c) received a negative response to its application under 1°.
§ 2. Reorientation may result in an extension of the training as a result, provided that the maximum duration of the extension of the training referred to in section 103 is not exceeded.
However, the provisions of the preceding paragraph are not applicable to the reorientation referred to in § 1^erTwo.
The provisions of § 1^er are not applicable to soldiers following initial training in the context of social promotion.
Art. 106. The reclassification is possible in accordance with the terms and criteria that the King sets, as required by the Armed Forces, and provided that the aspirant meets the requirements for physical fitness and the criteria for medical fitness of the industry, as well as the conditions of age referred to in section 7 for the class of personnel concerned, to:
1° a category of personnel and a specific training requested by the aspirant, for approval by the authority the King designates;
2° a category of personnel and a specific training decided by the authority that the King designates following a request for reclassification of the aspirant who has permanently failed on a decision of the deliberation commission or appeal instance referred to in Article 178, § 1^erParagraph 2.
The reclassification decision may consist of:
1° allow the aspirant officer of level A or the aspirant military expert to access the instruction of officer of level B, military specialist, non-commissioned officer or volunteer;
2° allow the aspirant Level B officer to access the instruction of military specialist, non-commissioned officer or volunteer;
3° allow the aspirant military specialist to access the instruction of non-commissioned officer or volunteer;
4° allow the non-commissioned aspirant to access the voluntary instruction.
The vacuum cleaner can only be reclassified once.
The reclassified aspirant begins a new initial military career.
Military personnel undergoing initial training in the context of social promotion and lateral recruitment cannot be reclassified.
Art. 107. Full-right loss of military quality, aspirant who has failed permanently and can no longer be redirected or reclassified.
Art. 108. The aspirant who interrupted his original formation to follow a new initial formation, may receive the authorization of the authority that the King designates, to be reintegrated into his original formation:
1° in case of failure in the new initial formation for the reasons the King determines;
2° at his request.
The reintegrated aspirant must meet the age limit referred to in section 7, for the class of personnel concerned.
The King determines the other conditions and modalities of this reintegration.
Art. 109. Where the training of the person concerned is extended following a decision of the deliberation commission or appeal proceeding referred to in section 178, § 1^er, paragraph 2, or as a result of a reorientation, or when it has lost seniority as a result of the application of its statute, its commission or appointment shall have effect taking into account the time limits of the extension or lost seniority.
However, commissions and appointments are effective on the dates provided for aspirants who have not been delayed during the training if the extension of the training is due to:
1° a waiting period referred to in section 88, paragraph 5;
2° an accident or illness contracted or aggravated in service or by service;
3° bad atmospheric circumstances, for aspirant following pilot training.
Section 3. - Continuing military training during the initial military career
Art. 110. During the initial military career, the CF member may be required to attend certain training courses. All these training courses are called continued training during the initial military career.
Some of these courses allow for a patent that the King fixes. The King sets the conditions for granting these patents.
Art. 111. § 1^er. For officers, continued statutory training during the initial military career includes:
1° a refresher course for the deepening of the business sector;
2° a refresher course intended for the registration of the officer concerned in a competence pole.
The development course referred to in paragraph 1^er, 1°, is intended to develop the skills necessary for the officer to perform command and staff functions in a national or international framework.
The development course referred to in paragraph 1^er, 2°, is intended to develop the skills necessary for a junior officer to perform functions in his or her jurisdiction, as well as those necessary for the performance of higher officer functions.
The officer cannot be promoted to the rank of major if he did not follow these courses with fruit and if he did not pass a test concerning the knowledge of a language that the King fixes, other than Dutch or French.
The development courses for the deepening of the business sector and for the inclusion in a competency centre include, respectively, a common part of several sectors of trades or competency poles and a specific part of each industry or competence pole. Each part consists of one or more modules, according to the rules set by the King.
During the training course, it is organized at least one test per part. Successfully followed the course, the officer who:
1° for each module determined by the King, obtained an overall rating of at least fifty percent for the tests;
2° obtained at least half of the points for all the results obtained during the tests held during the course, according to the rules fixed by the King.
§ 2. In order to be able to participate in the training course for the deepening of the business sector, the officer must meet the following conditions:
1° possessing a seniority of at least two years in the rank of lieutenant and not having been appointed in the rank of captain;
2° did not obtain the "sufficient" indication during the last post evaluation.
In order to be able to participate in the course of development for registration in a jurisdictional centre, the officer must meet the following conditions:
1st to be appointed in the rank of captain;
2° having successfully completed the development course for the deepening of the business sector;
3° not having obtained the "insufficient" indication during the last post evaluation;
4° having been estimated the potential referred to in section 88.
Art. 112. § 1^er. For non-commissioned officers and volunteers, continuing statutory training during the initial military career includes a refresher course for the deepening of the business sector or, where applicable, for registration in a competency centre.
The purpose of the development course for the deepening of the business sector is to develop the skills necessary for the non-commissioned officer or volunteer to perform the functions of, as the case may be, elite non-commissioned officers or elite volunteers.
The non-commissioned officer may not be promoted to the rank of first sergeant-major if he has not successfully completed this training course.
The volunteer cannot be promoted to the rank of first corporal if he did not follow this course of development with fruit.
The development course intended for the deepening of the business sector or, where applicable, for the inclusion in a competency pole includes a common part of several sectors of trades or competence poles and a specific part of each trade or skill cluster. Each part consists of one or more modules, according to the rules set by the King.
During the training course, it is organized at least one test per part. Successfully followed the course, the non-commissioned officer or volunteer who:
1° for each module determined by the King, obtained an overall rating of at least fifty percent for the tests;
2° obtained at least half of the points for all the results obtained during the tests held during the course, according to the rules fixed by the King.
§ 2. In order to be able to participate in the course of development aimed at the deepening of the trades industry or, where appropriate, the non-commissioned officer or volunteer must meet the following conditions:
1st to be appointed in the grade of, as the case may be, first chief sergeant or corporal;
2° did not obtain the "sufficient" indication during the last post evaluation.
Art. 113. For the military who develop a flat career, a refresher course for deepening the field of expertise can be organized.
The conditions of participation in these courses, as well as their program and organization, are determined by the authority of the field of expertise, according to the rules established by the King.
Section 4. - Social promotion, career change and admission of level B officers as an officer of level A
Art. 114. By social promotion, we must hear:
1° for non-commissioned personnel of the volunteer category: admission to the category of non-commissioned personnel;
2° for non-commissioned officers: admission to the category of officers as officers of level B.
Art. 115. § 1^er. The social promotion referred to in section 114 is limited:
1° to military personnel who are not more than thirty years old as of 31 December of the year of their admission;
2° to the soldiers who served at least three years in the rank of first sergeant or first soldier, depending on their category of personnel;
3° to the number of places annually opened by the Minister, by category of staff, industry and language regime;
4° to the soldiers who have placed themselves in order usefully during the trial of which the King sets the content and the execution modalities.
§ 2. Volunteers and non-commissioned officers who are admitted by the Minister begin a new initial military career specific to their new category of staff and, where appropriate, to their new industry.
Those who fail in the initial training or who, during this training, demand it, are taken back to their category of staff and industry of origin. They are awarded the seniority and grade they would have obtained if they had not left their category of staff.
Art. 116. Volunteers who seek a career as a non-commissioned officer shall be commissioned and appointed in the grades and at the times set out in article 82, § 10, non-commissioned officers who seek a career as an officer of level B shall be commissioned and appointed in the grades and at times set out in article 82, § 3.
Art. 117. § 1^er. By career change we must hear:
1° for military personnel of the categories of officers and military specialists: admission to the category of personnel of military experts;
2° for non-commissioned and non-commissioned personnel: admission to the category of personnel of military experts or to the category of personnel of military specialists;
3° for the military of the subcategory of personnel of the senior military experts: admission to the subcategory of staff of the senior officers.
§ 2. Career changes referred to in § 1^er, 1° and 2°, are limited :
1° to those who hold a master's or professional bachelor's degree in a field of expertise, depending on the category of staff they aim for;
2° to the number of places annually opened by the Minister, by category of staff, area of expertise and language regime;
3° to the soldiers who have placed themselves in order usefully during a trial whose King sets the content and the terms of execution;
§ 3. Career changes referred to in § 1^er, 1° and 2°, are performed after a one-year internship period. Those who fail in their internship are taken back to their category of staff and industry, field of expertise or centre of competence of origin.
Career changes referred to in § 1^er, 3°, is carried out as part of a solicitation process for a group of posts or a post of lieutenant-colonel or colonel and provided that the member concerned meets the requirements of competence set out in article 140, § 2, paragraph 2. The terms for this request are those set out in Article 132, § 1^er.
§ 4. The relevant military personnel who change their level of training are, depending on the category of personnel they aim, appointed respectively in the ranks of expert or specialist at the end of the internship period and begin a new initial military career in their new category of personnel. However, the provisions of section 109 apply for the determination of the date of appointment in the above-mentioned grades.
§ 5. For the military concerned, who make the career changes referred to in § 1^er, 1° and 2°, and which do not change the level of training, their seniority in their former staff category is taken into account when determining seniority and grade in their new staff category. However, the provisions of section 109 apply for the determination of the date of appointment in their new grade. The years advocated by these military personnel in their former category of personnel, as well as the duration of their internship in their new category of personnel, are taken into account in determining the duration of their initial military career.
Art. 118. The Minister or authority that he designates for this purpose, within the limits of the open spaces referred to in sections 115 and 117, the transfer of non-occupied places within the same social promotion or career change.
Art. 119. § 1^er. Officers at level B who hold a master's degree are admitted in full right as an officer at level A. This admission may take place at the earliest time during the appointment to the rank of lieutenant.
§ 2. Officers of level B who are not masters acquire the quality of officer of level A after having successfully completed the training referred to in article 111, § 1^erParagraph 1^erTwo.
In order to be able to participate in the above training, they must meet the following conditions:
1° having followed with fruit the formation referred to in Article 111, § 1^erParagraph 1^er1°;
2° pass a passage test.
The King sets the conditions for participation and conditions for success in this passing test and its program.
Section 5. - The orientation process
Art. 120. The orientation process is organized for the military in active service.
Art. 121. The Minister shall establish annually, on the proposal of the Chief of Defence, by category of personnel, and taking into account managerial requirements:
1° the number of places available for the orientation of the career to the military career continued by professions, field of expertise or competence;
2° the number of places available per sector of trades and family of functions of the federal public service for the internal crossing.
Such places may, where appropriate, be disaggregated by language, function or place of work.
When opening spaces referred to in paragraph 1^er, the Director General Human Resources also communicates the vacancies known in the external passage.
At the end of each year of the orientation process, the Director General Human Resources fixes, within the available places, the postponement of unassigned places.
The King sets out the modalities for fixing and publishing available places.
Art. 122. A selection committee, chaired by the Chief of Defence, or the authority it designates, shall distribute the members participating in the orientation process between the quotas referred to in section 121, paragraph 1^er, 1° and 2°, and if applicable, the quota referred to in article 121, paragraph 3. A member can be divided into more than one quota.
The selection committee shall make a classification of the military in the quota referred to in section 121, paragraph 1^er, 1°, and, where applicable, of those allocated in the quota referred to in section 121, paragraph 3.
The distribution referred to in paragraph 1^erand the classification referred to in paragraph 2 take into account the following:
1° the desiderata of the military concerned;
2° the results of the post evaluations referred to in section 66;
3° the results of the potential estimates referred to in section 67.
The King sets out the relevant terms:
1° to the coefficients of importance of the aforementioned elements;
2° to distribution;
3° to the determination of the classification;
4° to the composition and functioning of the selection committee.
The selection committee shall communicate the list of members in the quota referred to in section 121, paragraph 1^er2°, at the Federal Administration Selection Office.
Art. 123. The orientation process begins the third year before, as the case may be:
1° the end of the maximum duration of the original military career;
2° the attainment of the maximum age for the initial military career referred to in Article 79.
Art. 124. § 1^er. During the first year of the orientation process, following the procedure referred to in section 122, the selection committee shall forward a proposal for guidance to the member, after having had the opportunity to publicize his or her desiderata in this matter.
The King determines the way in which the member concerned can make his desiderata known.
§ 2. The desiderata referred to in § 1^er, relate to the continued career of the member, named the expression of the order of preference between:
1° continued military career;
2° the internal passage;
3° the external passage.
However, regardless of the year in which an orientation proposal is forwarded to them, only military personnel who have, at the time of their orientation, referred to in § 5, five years of seniority in the rank of captain, first chief sergeant or corporal, or ten years of seniority in the rank of expert or specialist, may express the choice for the continued military career.
In addition, the member may express, for the possibilities referred to in paragraph 1^er, 1° or 2°, its order of preference relating to the development of its continued career, concerning:
1° either its industry, its field of expertise or its competence, the industry or the family of functions of the federal public service;
2° its place of work;
3° his function.
The King sets the rules and manner in which the member concerned expresses his preference.
If the member does not make his desiderata known, the selection committee will send him a proposed orientation.
However, it is not made a proposal to the member who, in cases of force majeure, is not able to make known his desiderata.
The Director General Human Resources appreciates the aforementioned cases of force majeure.
§ 3. If the member accepts the proposal referred to in § 1^er, its orientation process ends.
If the member does not accept this proposal and does not wish to remain in the Armed Forces, the selection committee shall notify him that he is appointed ex officio for an external passage.
If the member does not accept this proposal and if he wishes to remain in the Armed Forces, during the year following this first proposal, he receives a new proposal after he has had the opportunity to express his desiderata again in this matter following the procedure referred to in § 1^er and 2.
If the member accepts this second proposal, his or her orientation process ends.
§ 4. If the member does not accept this second proposal and does not wish to remain in the Armed Forces, the selection committee shall notify him that he is appointed ex officio for an external passage.
If the member does not accept this second proposal and if he wishes to remain in the Armed Forces, during the year following this second proposal, he receives a final proposal after he has had the opportunity to express his desiderata again in this matter following the procedure referred to in § 1^er and 2.
If the member accepts the latter proposal his or her orientation process ends. If the member does not accept the latter proposal, the selection committee shall designate it as ex officio for the external passage.
A professional conversion program referred to in section 144 is proposed to the member who has not accepted a professional reorientation or transfer, referred to in the same section, as part of the last proposal.
§ 5. When the orientation proposal is accepted or, where applicable, the time of the ex officio designation for the external passage marks the end of the original military career.
§ 6. Each year of the orientation process, the selection committee may transmit to the members who have not accepted the proposal of the current year an alternative proposal in order to be able to fully honour the available places referred to in section 121.
§ 7. For the member who, in the case of force majeure referred to in § 2, paragraph 6, was unable to communicate his or her desiderata, or could only express them once or twice, the initial military career is extended ex officio, as the case may be, by three years, two years or one year, notwithstanding the maximum age, referred to in Article 79. After this extension, the selection committee decides on the direction of the member concerned.
Section 6. - From the transfer period
Art. 125. § 1^er. The transfer period lasts up to one year. During this period, the member retains the status to which he was subjected during his initial military career.
Except in the case of continuing military careers, are suspensive for the duration of the transfer period:
1° any period of absence for health reasons with a maximum of three months;
2° the period of more than one month between the beginning of the training phase referred to in sections 152 and 164, and the actual beginning of the training with a maximum of three months;
3° the period during which a member who participates in the external passage carries out an internship;
4° the duration of the maternity, paternity leave, parental leave, foster leave or adoption leave.
§ 2. The transfer period is used to:
1° to enable the conduct of administrative formalities for those designated for the continuing military career;
2° permit the conduct of administrative formalities, and where appropriate, training for military personnel who perform the internal crossing;
3° for military personnel performing the external passage:
(i) allow for administrative formalities;
(ii) where applicable, allow the selection phase, the training phase and the internship phase during the professional reorientation referred to in Article 3, 54°;
(iii) where appropriate, allow the selection phase and the phase of the disposition at the transfer referred to in section 157;
(iv) where applicable, allow the information, guidance and training phases of the professional conversion program referred to in section 163.
CHAPTER III. - Continuing military career
Section I^re. - General
Art. 126. The continued military career is that of the military maintaining the quality of the military following the orientation process. This continued military career begins at the end of the transfer point.
Art. 127. The continuing military career is, on the basis of its personnel category, appointed to the rank following the twenty-sixth day of the last month of the quarter following the date of the orientation:
1st for officers;
2° Principal Expert for Military Experts;
3° Senior Military Specialist;
4° First Staff Sergeant for non-commissioned officers;
5° first corporal for volunteers.
Art. 128. The King can annually, for military personnel in continuous military careers, open spaces for a voluntary internal or external passage.
Section 2. - Progress
Art. 129. § 1^er. The ranks of senior officer, caporal chief and chief corporal chief are conferred on seniority among non-commissioned officers and volunteers with five years of seniority in the previous rank.
However, the first sergeant-major, the first corporal or the chief corporal in which the manner of service is not deemed satisfactory may be exceeded in advance.
The manner of serving the military concerned is appreciated by their hierarchical leaders according to the rules established by the King and in the form that He prescribes.
These notices are communicated in writing to the individual. No unfavourable notice may be issued without the member concerned being able to submit his or her justifications.
When assessing, it is taken into account:
1° of the results of the post evaluations referred to in section 66;
2°, where applicable, results of the potential estimates referred to in section 67;
3° of the results of the assessment of the aptitudes referred to in section 68.
§ 2. The application of the first sergeant-major, the first corporal or the surpassed head corporal shall be considered a second time after one year after the date of the first examination or, by agreement of the member concerned, within the year of active service that follows the date of the first examination, and a third and last time two years after the date of the first examination or, by agreement of the member concerned, within the second year of active service that follows the date of the first examination.
The member who was not promoted after the last examination no longer participates in the advancement.
Derogation from the provisions of subparagraphs 1^er and 2, at the request of the member concerned, the application for advancement may be reviewed after five years of active service have elapsed after the last review of paragraph 1^er.
Art. 130. The ranks of senior volunteer, senior non-commissioned officer, lieutenant-colonel and colonel are conferred following a solicitation process.
Art. 131. Annually, the Minister opens by grade the positions or positions for which the CF members may be nominated as part of a solicitation process.
The King sets out the modalities for establishing and publishing open positions or posts.
Art. 132. § 1^er. Can be a candidate in a solicitation process for a group of positions or a position of the higher grade, the member who meets the following conditions:
1° be in active service at the time of the application being introduced;
2° having at least three years of seniority in the rank of which it is put on at the time of the assignment of the new position;
3° be at least two years depending on the position he occupies, following a solicitation process, at the time of the assignment of the new position;
4° to serve for at least three years in its new position;
5° belong to the sector of trades, field of expertise or competence of the group of posts or the position for which it seeks.
§ 2. Can be a candidate in a solicitation process for a group of positions or a position of grade to which he is appointed, the member who meets the following conditions:
1° be in active service at the time of the application being introduced;
2° be at least two years depending on the position he occupies, following a solicitation process, at the time of the assignment of the new position;
3° be able to serve for at least three years in his new position;
4° belong to the sector of trades, field of expertise or competence of the group of posts or the position for which it seeks.
§ 3. The King sets out the procedure for the introduction of applications referred to in §§ 1^er and 2. When expressing its choice, the member expresses the order of preference for the groups of positions or positions for which he or she requests.
Art. 133. Open positions are assigned by the King for officers and by the Minister for non-commissioned officers and volunteers following the preferential proposal of candidates established by the commission of appointment.
The commission is chaired by the Chief of Defence, or the authority it designates. The King sets out the composition and modalities of the commission.
The preferential proposal is prepared by post group or post based on the following criteria:
1° the candidate's skills including:
(a) the knowledge available to the candidate as a result of training and experience;
(b) results of post evaluations referred to in section 66;
(c) where applicable, the results of potential estimates referred to in section 67;
(d) the results of the assessment of the abilities referred to in section 68;
2° the skills as well as the physical fitness criteria and the medical fitness criteria related to the job group or the position to be assigned.
The King sets out the modalities for establishing the preferential proposal. This preferential proposal may mention that no candidate meets the criteria and that the position group or position is temporarily not assigned.
Except in exceptional circumstances that the Director General Human Resources appreciates, the member may not refuse a position for which he or she has been a candidate during the solicitation process of the year under review and assigned to him.
Art. 134. Military personnel who meet the conditions set out in section 132 may be nominated for the second time in the same year, in the order of their preference for post groups or for posts, open in accordance with section 131 that have not been assigned.
Art. 135. The allocation of positions to the military who were second-time candidates shall be carried out in accordance with the terms of section 133.
Art. 136. Position groups or positions that have remained open after the allocation referred to in section 135 may be assigned ex officio to members who meet the requirements of section 132. This assignment of office is carried out according to the terms that the King sets.
Art. 137. The member to whom a post of the higher grade is assigned in accordance with sections 133, 135 or 136 shall be assigned to the rank of that position on the twenty-sixth day of the last month of the quarter during which the post was held.
Art. 138. A member who is commissioned to a rank in accordance with the provisions of section 137 shall be appointed to that rank one year after the date of commissioning provided that the member receives at least a "sufficient" statement at the time of the assessment of the position referred to in section 66. This assessment can only take place when the member concerned has been effectively occupying this position for at least six months.
When the member receives a "sufficient" statement in this assessment, he loses the benefit of the commission to the rank of his position and may be reassigned ex officio to another position of the rank in which he is appointed.
Art. 139. The ranks of General Officer are conferred upon the King's choice in accordance with the rules that He determines to officers who have at least three years of seniority in the lower rank.
During the assessment, the criteria referred to in section 133, paragraph 3, 1° shall be taken into account.
Section 3. - Continuing military training during the continuing military career
Art. 140. § 1^er. During his continuing military career, the officer, the non-commissioned officer, the volunteer, the military specialist and the military expert may be a candidate to attend certain training courses.
These courses can be taught in a foreign or multinational military institution or in a civil institution, in Belgium or abroad.
Some of these courses allow for a patent that the King fixes. The King sets the conditions for granting these patents.
§ 2. For officers, these refresher courses are intended to deepen their knowledge in their areas of competence and, where appropriate, to allow for their entry into a second or new jurisdiction. Principal experts may also be admitted to these courses.
The principal expert who obtains skills related to one or more competency poles as a result of continued training may make a career change to the officer staff category as part of the solicitation process referred to in Article 132, § 1^er. In order to be able to apply for this solicitation process, he must have seniority in the rank of principal expert as follows:
1° at least 3 years of seniority if he asks for a lieutenant-colonel position;
2° at least 6 years of seniority if he asks for a colonel post.
§ 3. For senior experts and senior specialists, a refresher course can be organized as part of the deepening of the field of expertise.
§ 4. For non-commissioned officers and volunteers, these training courses are designed, based on continued training during the initial military career, to enable them to be enrolled in a competency centre or, where appropriate, to deepen their knowledge in their areas of competence or trades, or to enable them to be enrolled in a new skill centre.
§ 5. The King sets the rules of participation in the courses as well as the programme, organization and conditions of success of the courses referred to in §§ 2 to 4, given in Belgian military establishments. The conditions for participation in courses for senior experts and senior specialists, as well as their program and organization, are determined by the authority of the field of expertise, according to the rules established by the King
PART IV. - Internal passage
Art. 141. § 1^er. In order to benefit from the internal passage, the member must be on active service and:
1° to receive an internal passage proposal as part of the orientation process;
2° having applied for a voluntary internal crossing.
§ 2. The selection committee referred to in section 122 shall decide on the application referred to in § 1^er, 2°, and draw up a list of successful and non-retained candidates for the voluntary internal crossing. This list is communicated to the military concerned no later than three months after the opening of the places referred to in sections 87 and 128. The criteria to be reproduced on the above list are in the order of priority:
1° the comparison in the field of trades, the field of expertise or the competence pole and for the category or subcategory of personnel of the member concerned of the planned and existing staff;
2° service seniority after initial training;
3° the age of the member concerned;
4° the value of the member valued on the basis of the position ratings referred to in section 66.
The King sets out the terms and conditions for the above criteria.
The selection committee shall communicate the list of members for the voluntary internal crossing to the Federal Administration Selection Office.
§ 3. The internal passage is closed by the transfer of the member to the status of State agent in the Defence.
Art. 142. The member performing the internal passage and meeting the criteria for physical fitness and the criteria for medical fitness of his or her profession, field of expertise or competence is transferred to the reserve, in his or her class of staff, for a period fixed by the King, which may not exceed ten years.
He holds the rank of which he was clothed and obtains in the reserve the seniority that was related to this rank in the active framework.
The King sets out the period during which this member is part of the trained reserve and is exempted from ordinary reminders provided for in article 42 of the Royal Decree of 3 May 2003 relating to the status of the military members of the Armed Forces Reserve Framework, which may not exceed ten years.
Art. 143. Depending on the needs of the Defence and for the exercise of functions that the King sets by order deliberately in the Council of Ministers, the member who, as part of the orientation process, performs the internal passage and that meets the criteria of physical fitness and the criteria of medical fitness of his professions, field of expertise or competence, may be designated, according to the criteria and the terms and conditions that the King determines, to serve as many as five years
These military personnel are subject to the provisions of the status of military personnel in continuing military careers during the period referred to in paragraph 1^er.
However, depending on the staff category, the individual is appointed to the rank of master-commander, first sergeant-major or first corporal and retains that rank throughout the period referred to in paragraph 1^er.
Military experts and military specialists retain their rank.
TITRE V. - The external passage
Section 1. - General
Art. 144. By external passage, we must hear the fact that the Defence proposes to a member leaving the Defence:
1°, if any, a professional reorientation, referred to in Article 3, 54°;
2°, if any, a transfer to a public employer referred to in section 157;
3° is a professional conversion, referred to in Article 163.
A program of professional conversion is proposed to the member who has not accepted a professional reorientation or transfer, at the last proposed orientation referred to in Article 124, § 4, paragraph 3.
The member who refuses to follow this program of professional conversion loses the quality of military without being able to claim any form of training or compensation.
Art. 145. § 1^er. In order to benefit from the external passage, the member must be in active service and:
1° to receive an external passage proposal as part of the orientation process;
2° having applied for voluntary external passage.
§ 2. The selection committee referred to in section 122 shall decide on the application referred to in § 1^er, 2°, and draw up a list of selected and non-retained candidates for the voluntary external passage. This list is notified to the military concerned no later than three months after the opening of the places referred to in sections 87 and 128. The criteria to be reproduced on the above list are in the order of priority:
1° the comparison in the field of trades, the field of expertise or the competence pole and for the category or subcategory of personnel of the member concerned of the planned and existing staff;
2° service seniority after initial training;
3° the age of the member concerned;
4° the value of the member valued on the basis of the position ratings referred to in section 66.
The King sets out the terms and conditions for the above criteria.
Art. 146. The loss of the military quality of an external passage takes effect on the date on which it commences its new professional activity or renounces its military quality and by the date on which the training phase of the professional conversion program ends or the date on which the transfer period ends at the latest.
The date on which the member commences a new professional activity is, as the case may be, the date on which the member:
1° concludes a fixed-term, indeterminate employment contract or equivalent contract as an employee;
2° proves, by an official document, that it carries out an independent worker activity as principal;
3° makes the transfer referred to in section 158, 3°;
4° begins its internship period as an agent of an international or foreign public administration.
At any time, a member who makes an external passage may request, in writing, the immediate loss of his or her military quality. Upon receipt of this request, it loses the quality of the military.
Art. 147. The member for whom the loss of the military quality referred to in section 146, paragraph 1^er, takes effect in the context of reorientation, referred to in article 144, paragraph 1 (1), or professional conversion, referred to in article 144, paragraph 1^er, 3°, receives an integration bonus.
The amount of the integration premium is twelve times the last gross monthly salary of the member.
The treatments referred to in paragraph 2 include, where applicable, the allowances that are of an accessory to the treatment. The allowances to be taken into account are fixed by the King.
The integration premium is paid on the first day of the month following the month in which the loss of the military quality referred to in section 146, paragraph 1^er, takes effect.
Art. 148. The member performing the external passage and meeting the criteria for physical fitness and the criteria for medical fitness of his/her industry, field of expertise or competence is transferred to the reserve, in his/her category of personnel for a period fixed by the King, which may not exceed ten years.
He holds the rank of which he was clothed and obtains in the reserve the seniority that was related to this rank in the active framework.
The King sets out the period during which this member is part of the trained reserve and is exempted from ordinary reminders provided for in article 42 of the Royal Decree of 3 May 2003 relating to the status of the military members of the Armed Forces Reserve Framework, which may not exceed ten years.
Art. 149. Depending on the needs of the Defence and at the request of the member, for the performance of duties that the King sets by order deliberately in the Council of Ministers, the member who makes the external passage within the framework of the orientation process and who meets the criteria of physical fitness and the criteria of medical fitness of his/her industry, field of expertise or competence may under certain conditions postulate his/her external age to the age of age. The decision or choice of external passage is final and irrevocable.
The King sets the rules for opening seats, introduction of applications and designation of successful candidates.
These military personnel are subject to the provisions of the status of military personnel in continuing military careers during the period referred to in paragraph 1^er.
However, depending on the staff category, the individual is appointed to the rank of master-commander, first sergeant-major or first corporal and retains that rank throughout the period referred to in paragraph 1^er.
Military experts and military specialists retain their rank.
Section 2. - Professional reorientation
Art. 150. It is defined by a partner employer in the context of professional reorientation, any employer within the meaning of the Act of 5 December 1968 on collective labour agreements and parity commissions, subject to Belgian social security and in a rule of social security and security of existence contributions which, either directly or indirectly through its representative employers' or professional organization, entered into a partnership agreement with the Defence.
Art. 151. Is considered as a rule of social security and security of existence contributions, the partner employer who complies with the provisions in this regard set out in the Royal Decree of January 8, 1996 on public contracts of work, supplies and services and concessions of public works
The King sets the times at which it is necessary to prove that the conditions to be a partner employer are fulfilled. The King may set additional conditions for signing a partnership agreement.
Art. 152. The professional reorientation process includes:
1° a selection phase during which the member participates in the selection organized by the partner employer concerned;
2°, possibly, a training phase organized by this partner employer or by the Defence, whose concrete duration is set out in the individualized annex to the partnership agreement;
3° possibly, a stage stage organised by this partner employer, whose concrete duration is set out in the individualised annex to the partnership agreement.
The cumulative duration of the selection, training and internship phases cannot exceed the maximum duration of the transfer period. The duration of the selection phase and the training phase shall be taken into account only for the part of it that takes place after the orientation point.
Upon completion of the internship or failing the completion of the training, an indeterminate employment contract is signed between the partner employer and the member.
In the absence of an internship and training, as soon as the selection is favourable, an indefinite employment contract is signed between the partner employer and the selected member.
After the successful completion of the internship, where in the absence of training the work contract takes effect on the first day of the month following the date of success. At that time, the member loses the military quality.
However, in the absence of a training and internship phase, the employment contract shall be effective no earlier than the first day of the month and no later than the first day of the fourth month following the date of the favorable selection of the member, with the joint agreement of the partner employer and the Defence while aiming at the shortest time. At that time, the member loses the military quality.
Art. 153. The partnership agreement includes at least:
1° the selection procedure and criteria;
2° the rules relating to the cost of training;
3° the procedure and evaluation criteria applicable during the training;
4° the rules relating to care, including employer contributions, salary, allowances, allowances, bonuses, benefits of any kind, benefits and family allowances of the military during the selection and training phases; these costs are always fully borne by the partner employer during the internship phase;
5° if a training or internship phase is planned, the rules relating to the civil liability of the partner employer, and if applicable, the proof of coverage of the risks associated with work accidents and the manner in which such evidence is provided;
6° the practical modalities to denounce the agreement;
7° the duration of the agreement;
8° in Appendix, if applicable, a list of partner employers affiliated to the representative employers or professional organization.
Art. 154. For each professionally redirected member, an individualized annex is established, which includes at least:
1° the concrete duration of possible training and training phases;
2° fixing the course program during the training phase and the schedule;
3° the contract of employment;
4° the rules of work and collective labour agreements that are or will be applicable to the ex-military.
A copy of the partnership agreement and the individualized schedule shall be delivered no later than five working days before the signature of the employment contract to the professionally redirected member.
Art. 155. With a written notice of three months, the signatory parties to the partnership agreement may denounce the partnership agreement. In the event of denunciation, the current professional reorientation processes continue until their completion.
Art. 156. The member who is already in the transfer period and for whom the reorientation process does not result in an indeterminate work contract is placed in a program of professional conversion for the remaining duration of the transfer period.
Section 3. - Transfer to a public employer
Art. 157. A transfer to a public employer in the context of the external passage means the recruitment of a member as an employee by any public service that is dependent on the federal authority, regions or communities, as well as the organizations that depend on it, excluding the Defence but not on the agencies that depend on it.
Also considered as a public employer, the public enterprises referred to in the Act of 21 March 1991 on the reform of certain economic public enterprises, the provinces, municipalities, towns, federations and associations of municipalities, police zones and the agencies that depend on them.
Art. 158. The transfer process to a public employer includes:
1° a selection phase during which the member participates in the selection organized by the public employer concerned;
2° a phase of availability;
3° the transfer.
Art. 159. The public employer may set criteria to which a member must meet to be selected.
The member is made available to the public employer at the earliest on the first day of the month and no later than the first day of the fourth month following the date of the favourable selection of the member, with joint agreement of the public employer and the Defence, and with the shortest time limit.
Art. 160. The cumulative duration of the selection and disposition phases shall not exceed the maximum duration of the transfer period. The duration of the selection phase is taken into account only for the part of it that takes place after the orientation point.
Art. 161. The disposition and transfer of the member is subject to an agreement between the Minister, represented by the authority he designates, and the public employer concerned. The member receives a copy of the document, which he must sign for agreement.
This agreement, based on a model model approved by the Minister, includes:
1° the duration of the installation phase;
2° fixing the grade, level and salary table applicable to public employer personnel, to be put on the member on the day of his transfer;
3° the fixation of the working regime;
4° the duration and content of the training and possible training;
5° the rules relating to the provision of costs, including any training and training costs;
6° the authority that, in the public employer of the member made available, is invested in a rank equivalent to that of body chief;
7° the rules relating to care, including employers' contributions, salary, allowances, allowances, bonuses, benefits of any kind, benefits and family allowances of the military made available without, however, the duration of the transfer period referred to in section 125, § 1^er;
8° the monetary benefits that the public employer grants to the member, in accordance with the status of the so-called public employer;
9° a list of the equipment that will be made available free of charge or for which the member himself must be provided;
10° the procedure and evaluation criteria applicable during the training and possible training;
11° the rules relating to the civil liability of the public employer;
12° the transfer date;
13° the transfer procedure.
A copy of the working regulations and statutes applicable to members of the statutory staff of the public employer is made available to the member.
Art. 162. The member who is already in the transfer period and for whom the transfer process to a public employer does not result in a transfer is placed in a program of professional conversion for the remainder of the transfer period.
Section 4. - Professional conversion
Art. 163. By professional conversion, it must be understood that the member seeking employment with a new employer or developing a professional activity as an independent is assisted, at the request of the Defence, by services and guidance advice provided individually or in a group by a third party, referred to as "professional conversion office".
The professional reconversion office is the department responsible for this mission within the Defence, or, if not, the natural person, the private or public legal person or the institution or public law body that provides support for professional conversion.
Art. 164. The programme of professional conversion can include four successive phases forming a professional conversion session. These phases are:
1° the information phase;
2° the orientation phase;
3° where applicable, the training phase;
4° the integration phase.
Information, guidance and training phases are included in the transfer period referred to in section 125, § 1^er.
Art. 165. The information phase includes, in the following order:
1° a collective information session, following which members are invited to participate in the evaluation referred to in 2°;
2° an individual assessment, organized by the professional conversion office, to allow to appreciate the motivation of the member concerned.
The information phase begins on the first business day of the month following the notification of the decision of the selection committee referred to, as the case may be, to Article 124, §§ 3 and 4, or Article 145, § 2, and lasts one month.
The information phase ends, as appropriate:
1° as soon as the member enters a new professional activity unless it is carried out in conjunction with the activities of professional conversion;
2° from the passage to the orientation phase;
3° at the request of the member.
Art. 166. The orientation phase includes activities organized by the professional conversion office in order to assess the military's capabilities and possibilities for professional conversion.
For the member passing through the orientation phase, the latter automatically begins at the end of the information phase and lasts a month.
The orientation phase ends, as appropriate:
1° as soon as the member enters a new professional activity unless it is carried out in conjunction with the activities of professional conversion;
2° from the transition to the training or integration phase of professional conversion;
3° at the request of the member.
Orientation leave is automatically granted to the member at the beginning of the orientation phase and automatically ends at the end of this phase.
Art. 167. § 1^er. The training phase is intended to allow the member to acquire the skills to improve his chances of finding work. The trainings to be carried out are deducted from the assessment of the capabilities of the member concerned, the possibilities for professional conversion detected during the orientation phase, and the willingness expressed by the member. The will of the member concerned is the primary criterion for the designation of the training. However, the cost of this formation cannot exceed the amount that the King fixes. This amount is related to the mobility regime applicable to departmental staff salaries. It is related to the pevot index 138,01.
The King determines the concrete terms and conditions for determining the above-mentioned formation as well as the modalities and criteria for the possible reimbursement of the formations followed or begun before the point of orientation.
§ 2. For the member passing through the training phase, the latter automatically begins at the end of the previous phase and lasts up to ten months.
§ 3. The training phase ends, as appropriate:
1° as soon as the member enters a new professional activity unless it is carried out in conjunction with the activities of professional conversion;
2° at the end of the period set out in § 2, possibly extended from the period referred to in Article 125, § 1^er, paragraph 2, 2°;
3° as soon as the transition to the integration phase of professional conversion.
§ 4. Training leave is automatically granted to the member at the beginning of the training phase and automatically ends at the end of this phase.
Art. 168. The integration phase includes activities organized by the professional conversion office to assist the member in his search for a new professional activity.
The integration phase starts automatically at the end of the previous phase and lasts up to twelve months.
Art. 169. The professional conversion program automatically ends without notice:
1° in wartime;
2° in case of mobilization.
For military personnel in the information, guidance or training phase of the professional conversion program, this program automatically ends without notice when the crisis period is decreed.
Art. 170. The member who followed the professional conversion referred to in Article 144, paragraph 1^er, 3°, can benefit from a second phase of integration in case the individual:
1° within three years after the loss of military quality, benefits for at least six consecutive months of unemployment benefits;
2° did not get employment outside the Defence one year after the end of the first integration phase.
This second phase of integration is carried out without the person concerned acquiring the quality of the military and without an integration premium.
PART VI. - Military rights and duties
Section I^re. - General
Art. 171. The military must, in all circumstances:
1° to serve the country with conscience and courage, if necessary to the peril of their life;
2° conscientiously fulfil all obligations of service imposed on them by international law, the Constitution, legislative or regulatory provisions as well as by regulations, instructions and orders applicable to the Armed Forces;
3° to be respectful of the institutions of public international law, the Head of State, constitutional powers and State institutions;
4° avoid compromising the honour or dignity of their state and function;
5° to refrain from any activity that is contrary to international law, the Constitution and the laws of the Belgian people.
Art. 172. § 1^er. The military cannot engage in political activities within the Defence.
Members may join the political party of their choice and exercise the rights associated with their membership.
They may serve as an expert, adviser or member of a study centre.
Any other active or public participation in political life in another title is prohibited to them, even outside the periods during which benefits are provided in the Armed Forces.
§ 2. However, without prejudice to the application of the incompatibility provided for in specific laws, the members of the active personnel who meet the conditions set out in article 173, paragraph 1^ermay apply to the following Belgian provincial and communal mandates and exercise them:
1st Provincial Council Chair;
2° member of permanent deputation;
3° Bourgmestre;
4° ultrasevin;
5th president of a social assistance council;
6th president of an intra-communal territorial organ;
7° any other executive function in a provincial or commune-related body;
8° member of a provincial council;
9° member of a communal council;
10° member of a social assistance council;
11th member of an intra-communal territorial organ.
§ 3. Military personnel must refrain from any political activity during service hours. They must always refrain as part of their political activity from bringing military holding and reporting their military quality. They may, however, mention their profession as a national register of natural persons.
Art. 173. The conditions referred to in Article 172, § 2, are as follows:
1° no earlier than the twelfth month preceding the elections and no later than thirty days before the deadline for the filing of candidates, having informed the Minister of the intention to nominate;
2° not be in initial training.
Declaration of intent to be a candidate referred to in paragraph 1^er, 1°, must be sent to the Minister by registered letter to the position.
The military's political commitment may not result in the fact that the person concerned no longer respects the military duties referred to in article 171, or takes a position contrary to the rights and freedoms guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950, approved by the law of 13 May 1955, and by the additional protocols to this Convention in force in Belgium.
The fact that a member, within the framework of his political commitment, does not respect his or her military duties referred to in article 171, or takes a position contrary to the rights and freedoms guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950, approved by the law of 13 May 1955, and by the additional protocols to that Convention in force in Belgium, is considered to be a grave act incompatible with his or her status of military, and may therefore lead
Art. 174. § 1^er. The member, regardless of his or her function, shall be on political leave for the exercise of one of the terms referred to in Article 172, § 2, 1° to 7°.
§ 2. The member is also placed on political leave for the exercise of one of the mandates referred to in Article 172, § 2, 8° to 11°, if he has one of the following functions:
1° a command function;
2° a body adjutant function;
3° a position of chief of service in a battalion or superior staff for officers of the department of operations and training;
4° a function with an operational commitment period of thirty days or less;
5° an exclusive custody function;
6° a function on board a Belgian or foreign airborne unit;
7° a function in an international or interallied organization;
8° an instructor function.
The head of the relevant member is the competent authority to determine that the member is performing one of the duties referred to in paragraph 1^er.
The decision of the competent authority may be appealed to the Minister.
§ 3. The member on political leave is on full-time political leave and is in the "non-activity" position referred to in section 189 during that period.
Periods covered by political leave are not paid.
Political leave ends in full right:
1° when mobilization is decreed;
2° when the war period is decreed;
3° where exceptional circumstances require it, by decision of the Council of Ministers.
Political leave shall expire no later than the last day of the month following the month in which the term ends. As soon as the political leave has ended, the member is returned to active service with the rank and seniority in that rank, which he held at the beginning of political leave.
The King determines the execution of political leave.
§ 4. The exercise of one of the mandates referred to in Article 172, § 2, 8° to 11°, by a member who is not on political leave, may never have the consequence that the member concerned cannot participate in the activities in the context of the conditional and implementation of the Armed Forces.
Art. 175. Any form of strike is prohibited to the military.
Art. 176. § 1^er. Without prejudice to the incompatibility provided for in the specific laws, the military may not exercise either by themselves or by interposed persons, other jobs, public or private occupation or occupation, unless they exercise them free of charge.
They may also not accept any terms of reference or lend any service even free of charge to profit companies.
§ 2. Special exemptions may be granted by the Minister:
1° in cases of employment, occupations or occupations of public interest relating to education or requiring special skills or knowledge;
2° in cases of employment, occupations or occupations that do not compromise the general interest of the service.
The authorization must be prior. She's always revocable.
For military experts and military specialists, exemptions referred to in paragraph 1^er may be granted after notice of the authority of the field of expertise to which the military expert or the military specialist belongs.
§ 3. This section does not apply to military personnel who have obtained a temporary withdrawal of employment for personal convenience, to military personnel who are on exceptional leave or reclassification, and to military personnel during the exercise of their rights, referred to in section 172, § 2.
Art. 177. Without prejudice to the application of the provisions of Article 94, the member shall be entitled, annually, to leave of which the King sets out the nature, number and terms of granting.
The above-mentioned number may not be less than thirty working days per year.
Art. 178. § 1^er. Any administrative decision imposed by office shall be notified in writing to the member concerned.
The member may file an appeal with the appellate body, whose composition and operation is determined by the King, subject to the application of paragraph 3, against decisions relating to:
1° to the assignment of a vacancy by the recruitment committee referred to in article 14, paragraph 1^er3°;
2° to provisional registration in a group of trades, a sector of trades or an area of expertise referred to in Article 39, § 1^erParagraph 1^er;
3° to the final registration in a field of trades, an area of expertise or a competence point referred to in Article 39, § 1^er2 and 2;
4° to change in trades, field of expertise or competence referred to in articles 40, paragraph 1^er42;
5° to the restraint on the treatment referred to in section 54, 1°;
6° to an assessment of position with "sufficient" reference in article 66, § 4, if this assessment results in the loss of the quality of the military;
7° to the assessment of the physical fitness referred to in Article 68, § 2, if this assessment is therefore a transition to Operational Category C;
8° to appreciation of the manner of service referred to in Articles 84, § 1^erparagraphs 2, and 129, § 1^er2;
9° in the classification of aspirants referred to in section 93;
10° to the decisions of the deliberation board referred to in section 101 and the assessment board referred to in section 266;
11° to the reorientation referred to in section 105;
12° to the reclassification referred to in section 106;
13° to the refusal to reinstate the aspirant in his original formation referred to in section 108;
14° in the classification for social promotion referred to in Article 115, § 1^er4°;
15° in the classification for career change referred to in Article 117 § 2, 3°;
16° to the designation of office for the external passage referred to in Article 124, §§ 3 and 4;
17° to the preferential proposal as part of the solicitation process referred to in section 133;
18° to the refusal to participate in the voluntary internal passage referred to in Article 141, § 2;
19° to the decision to post the internal passage referred to in section 143;
20° to the refusal to participate in the voluntary external passage referred to in Article 145, § 2;
21° to the decision on the application to post the external passage referred to in section 149.
The competent appeal body in the cases referred to in paragraph 2, 6°, is composed by unit: it includes an equal number of representatives of the authority and representatives of the trade unions representative of military personnel. The competent appeal body in the cases referred to in paragraph 2, 16° and 17° is chaired by the Minister.
The call must be filed within 10 working days by registered letter to the position or registered in the service of military saffron.
In derogation from paragraph 4, the time limit is:
1° 5 working days in the cases referred to in paragraph 2, 1°, 10°, 11°, 12° and 13°;
2° 30 working days for the member who is abroad for service reasons.
The rules relating to the appeal procedure are set by the King.
§ 2. Any decision taken by a committee referred to in articles 14, 101, 122, 133 and 266 shall be taken by an absolute majority of votes. Members of the commission cannot abstain. In the event of a parity of votes, the president's voice is preponderant. The secretary has no right to vote.
§ 3. Recuss himself in order to sit in a commission the spouse or legal cohabitant, or a parent or allied to the fourth degree of a member who is the subject of a decision.
Can be challenged who, for reasons of which he is solely a judge, considers that he cannot enjoy a member impartially.
If a cause of recusal is invoked, it is decided upon by the President, if the cause of recusal concerns a member, or by the Chief of Defence, if the cause of recusal concerns the President.
Section 2. - From the performance period
Art. 179. § 1^er. The performance period is equal to:
1° once and a half the normal duration, if any extended, of the school period;
2° once and a half the normal duration, if any extended, of the instruction period if this normal duration is at least two years;
3° once and a half the duration of a training followed during the initial military career or the continuing military career sanctioned by a diploma or certificate of higher or equivalent education for which the member obtained full service dispensations for the entire training;
4° two years for training or training if these were financed by the Defence and the cumulative cost over a period of two years exceeds the minimum that the King fixes without the King being less than 5.000 EUR; This amount is related to the pevot index 138,01 and the mobility regime applicable to departmental staff salaries.
Performance periods for various trainings are cumulative.
However, the performance period:
1° is limited to fifteen years for the member making the transition to the continuing military career or the internal passage;
2° ends at the time of the orientation point for the member performing the external passage as part of the orientation process.
For the application of the performance period provisions, the voluntary external passage is considered a resignation.
§ 2. The performance period is calculated in whole months. It begins on the first day of the first month following the end of the period of instruction for a period of education or a period of instruction, or on the first day of the first month following the formation referred to in § 1^erParagraph 1^erThree. For trainings referred to in § 1^erParagraph 1^er, 4°, the period of return begins on the first day of the full month following the formation that has exceeded the minimum cost.
The end date of the performance period is set on the first day of the month following the end of the period.
§ 3. Training followed during a performance period that involves an additional performance period has the effect of suspending the current performance period.
§ 4. The current performance period is suspended for the member in the "non-activity" position referred to in section 189.
Art. 180. A member who has obtained his or her resignation or has been permanently withdrawn from employment before the end of the accumulated performance period for the reasons referred to in Article 179, § 1^erParagraph 1^er, 1° to 3°, is required to reimburse a portion of the treatment received during a period of education or during the training referred to in section 179, paragraph 1^erThree. The allowance is degressive. It is a fraction of 66% of the net salaries paid during the training. The numerator of this fraction is the difference between the number of months to be performed for the performance period, as set out in Article 179, §§ 2 to 4, and the number of months already completed. The denominator of this fraction is the number of months to be performed for the performance period, set out in section 179, §§ 2 to 4.
A member who has obtained his or her resignation or has been permanently withdrawn from employment before the end of the period of return accumulated for the reasons referred to in Article 179, § 1^er, 4°, is required to reimburse part of the cost referred to in the aforementioned provision. The allowance is degressive. It amounts to a fraction of the aforementioned cost. The numerator of this fraction is the difference between the twenty-four months to be performed for the performance period, as set out in Article 179, § 1^er, 4°, and the number of months already done. The denominator of this fraction is twenty-four months.
The member who has obtained his resignation or has been permanently withdrawn from his employment after obtaining the pilot's patent, is also required to reimburse the State for part of the costs of his training. The amounts to be refunded are included in the table in Appendix B to this Act.
Art. 181. A member who loses his or her military status for any reason other than that of medical incapacity is required to reimburse 66% of the net salary paid during the school training followed when it is a member recruited according to the provisions of Article 5, § 1^er, 1°, which does not complete its initial training, after obtaining a bachelor at the Royal Military School or a bachelor or equivalent degree in any other institution of academic or equivalent level.
Art. 182. The amounts shown in the table in Appendix B to this Act are related to the mobility regime applicable to the salaries of departmental staff. They are linked to the pevot index 138,01.
Art. 183. The recovery of the due amounts is carried out through the Receivers of the Administration of the cadastre, registration and domains.
Art. 184. For exceptional social reasons, the King may, by reason of decision, exempt from all or part of the reimbursement of training fees and salary received during the training, the member who makes the request.
PART VII. - The periods and positions in which the member may find himself
Art. 185. Without prejudice to the power conferred on the King by Article 167 of the Constitution, the extent to which the member may exercise his or her rights and must fulfil his or her obligations varies according to:
1° of the period in which it is located;
2° of the position or, where applicable, the subposition in which it is located during that period;
3° because it is actually part of a detachment that prepares for an operational engagement.
Art. 186. The military is in times of war, crisis or peace.
The period of war is, for the entire Armed Forces, the period that, in the event of an international conflict, begins and ends the times fixed by the King by deliberate decree in the Council of Ministers.
The period of crisis is, for the entire Armed Forces, the period that, in the event of a major national or international crisis, begins and ends the times fixed by the King by deliberate decree in the Council of Ministers.
Outside these periods, the military is in peacetime.
Art. 187. In times of war and in times of crisis or peace, the member is in one of the following positions:
1° "in active service";
2° "in non-activity".
The member is considered, in these two positions, to be "in service."
Art. 188. The position "in active service" is the position of the member who is not in non-activity in accordance with section 189.
Art. 189. The position "in non-activity" is that of the member:
1° that is temporarily removed from employment;
2° that was recognized in illegal absence;
3° who has been sentenced to deprivation of liberty, to which he has been sentenced by a Belgian court or by a foreign court if the decision is recognized in Belgium, except if he is serving his sentence under limited detention or electronic surveillance;
4° on political leave.
The period of suspension by measure of order shall be converted to a period of non-activity only if it is followed by a withdrawal of employment, a suspended dismissal in accordance with Article 6 of the Military Penal Code or Article 19 of the Criminal Code, a military degradation or a suspended prohibition of any of the rights listed in Article 31 of the Criminal Code.
However, if a temporary withdrawal of employment by disciplinary measure is pronounced, the period of suspension by order will only be converted to a non-activity period for the duration of this temporary withdrawal of employment.
The period of pre-trial detention will only be converted to a period of non-activity if the period of non-activity is followed by a sentence to a suspended custodial sentence and only for the duration of that sentence.
Internship will only be converted to a non-activity period if this internment is followed by a final withdrawal of employment.
If a member has been separated from the army, the period of absence shall be converted to all or in part to non-activity if the facts that are at the origin of the absence or if the conduct of the member during the absence are incompatible with his or her military status corresponding to his or her personnel category. This measure is taken in accordance with the provisions of Article 57, paragraphs 2, 3 and 4.
Art. 190. The military in active service in peacetime is in one of the following subheadings:
1° "in training";
2° "in normal service";
3° "in assistance";
4° "in operational commitment".
Art. 191. The sub-position "in training" is the sub-position of the military during the period of instruction and, where appropriate, the period of school training of their initial training.
The sub-position "in assistance" is the sub-position of each member who participates in a mission referred to in Article 3, § 1^er, 2°, (b) of the Act of 20 May 1994 on the implementation of the Armed Forces, on condition, and on periods and positions in which the member may be present. The member referred to in paragraph 1^er cannot be in the sub-position "in assistance" except for the performance of missions on the national territory.
The "operational engagement" sub-position is the sub-position of each member who participates in an operation referred to in Article 3, § 1^er, 2°, (a) of the aforementioned Act of 20 May 1994.
The "normal service" subheading is the subheading of each member who is not in one of the subheadings referred to in paragraph 1^er 3. Military personnel in this subheading are in one of the following four subheadings: in normal service, training, continuing training or transfer.
Art. 192. The member who has not reached the age of eighteen cannot participate in a form of armed operational engagement.
Military in training, referred to in section 191, paragraph 1^er, cannot participate in a form of operational engagement.
PART VIII. - Pensions
Art. 193. For the purposes of pension, survival and repair regulations, aspirants are considered to be permanently appointed members.
Art. 194. In derogation from article 46, paragraph 1^erof the Act of May 15, 1984 on measures of harmonization in pension plans, former members of the active military framework in active service as a member of that framework from the date of entry into force of this provision, may, at their request, be eligible for retirement on the first day of the month following the month in which they reach the age of 58 years, or on the first day of the month following the termination of their duties if For the calculation of these twenty-five years of service, service times and eligible periods are considered only for their simple duration.
Paragraph 1^er is not applied to deferred pension applications or to immediate pension applications from the age of 60. Paragraph 1^er is also not applicable to military personnel whose age limit is more than 58 years.
For former military personnel who, pursuant to paragraph 1^er, apply to be admitted to pension before the age of 60, the minimum age provided for in section 2, paragraph 2, of the Act of 14 April 1965 establishing certain relations between the various public sector pension plans, is set at 58 years.
For the purposes of section 83 of the Act of 5 August 1978 of economic and budgetary reforms to former military personnel of the active and military framework of this framework from the date of entry into force of this provision, the age of 60 referred to in the aforementioned provision is replaced by the age of 58.
Paragraph 4 is not applicable to members whose age limit is more than 58 years.
Art. 195. The King shall, by deliberate order in the Council of Ministers, determine the amounts and times for which the command allowance referred to in Article 31, § 3, of the Royal Decree of 18 March 2003 relating to the financial status of the soldiers of all ranks and to the plan of service of the military personnel of the active framework below the rank of officer, the training allowance referred to in Article 32, of the same order and the intended pension allowance
PART IX. - Amendments and abrogations
CHAPTER I^er. - Amendment of the General Act of 21 July 1844 on civil and ecclesiastical pensions
Art. 196. Article 8, § 3, of the general law of July 21, 1844 on civil and ecclesiastical pensions is supplemented as follows:
"4° 1/50e for each year that, in accordance with Table I of Military Pension Laws coordinated by the Royal Decree No. 16020 of 11 August 1923, may be taken into account in this fortieth for the calculation of the seniority military pension of a member of the active member in service from the date of entry into force of this provision. "
CHAPTER II. - Amendment of coordinated military pension laws
by Royal Decree No. 16020 of 11 August 1923
Art. 197. Article 1^er coordinated laws on military pensions coordinated by the Royal Decree No. 16020 of 11 August 1923 is supplemented by the following paragraphs:
"For the purposes of these Acts, we must hear by:
1° "in service": the position of the member referred to in section 187, paragraph 2, of the Act of 28 February 2007 establishing the status of the military in the active framework of the armed forces and section 4, paragraph 2, of the Act of 20 May 1994 on the implementation of the armed forces, on condition, and at times and positions in which the member may be present;
2° "in active service": the position of the member referred to in section 188 of the Act of 28 February 2007 referred to above and section 5, paragraph 1^erthe Act of 20 May 1994 referred to above;
3° "in non-activity": the position of the member referred to in section 189 of the aforementioned Act of 28 February 2007 and section 6 of the Act of 20 May 1994;
4° the point of transfer: the time that closes the period of transfer as referred to in section 3, 58°, of the law of 28 February 2007;
In derogation from the previous paragraph, services prior to 15 August 1994 are taken into account on the basis of the legislation that was in force before that date. "
Art. 198. Article 3 of the same laws, amended by the laws of 14 July 1930, 13 July 1934, 17 June 1971, by the Royal Decree of 24 July 1997, and the laws of 25 May 2000 and 3 February 2003, is supplemented by the following paragraphs:
"The officers who make the request and who, on the eve of the entry into force of this provision, hold a grade in which they would have been pensioned on their own by a breach of the age limit of 51 years, in accordance with the provisions in force on that date, may be entitled to a pension that takes place on the first day of the quarter that follows that in which they reach the age of 51 years, provided that on the eve of retirement
Members below the rank of officer of the navigating personnel who apply for it and who, on the eve of the date of entry into force of this provision, are holders of a patent by which they would have been registered on an ex officio basis by a breach of the age limit of 51 years, in accordance with the provisions in force on that date, may be entitled to a pension that takes place on the first day of the quarter after the day on which they reach the year
Paragraphs 2 and 3 are not applicable to deferred pension applications. These subparagraphs are also not applicable if the military concerned must be retired from office at the end of the quarter in which they reached the age of 51 years. "
Art. 199. In section 4 of the same laws, as amended by the laws of 14 July 1930, 21 May 1991, by the Royal Decree of 24 July 1997 and by the law of 25 May 2000, the following amendments are made:
1° the following paragraph is inserted between paragraphs 2 and 3:
"The preceding paragraph is not an application to the CF members' pensions of the active plan on duty from the date of entry into force of this provision or to the deferred pensions that are awarded from that date. »;
2° the article is supplemented by the following paragraphs:
"For the calculation of the military seniority pension of the active personnel in service from the date of entry into force of this provision, a two-year bonus shall be taken into account as an active service, provided that the above-mentioned members have exceeded their point of transfer and have at least twelve years of eligible pension service as a member of the active framework, excluding bonuses for studies and other eligible periods of service For the calculation of these twelve years of service, service times and eligible periods are considered only for their simple duration.
The previous paragraph does not apply to deferred pensions. "
Art. 200. Section 5 of the Acts, amended by the Royal Decree of 24 July 1997 and the Act of 25 May 2000, is supplemented by the following paragraph:
"In derogation from paragraph 3, for members of the active plan on duty from the effective date of this provision, any paid period of non-activity for another cause shall be taken into account for the calculation of the active service for its full duration in the pension. "
Art. 201. An article 27bis, as follows, is inserted in the same laws:
"Art. 27bis. In derogation from Article 27, paragraph 1, the activity treatment referred to in Table I annexed to these Acts, for the calculation of the pension of the military of the active plan in service from the date of entry into force of this provision, shall be replaced by the reference treatment established in accordance with Article 8, §§ 1^er and 2, of the general law of July 21, 1844 on civil and ecclesiastical pensions. "
Art. 202. Section 58 of the Acts is supplemented by the following paragraph:
"This section is not applicable to the retirement pensions of members of the active plan on duty from the date of entry into force of this provision or to the deferred pensions granted from that date. "
Art. 203. An article 58bis, as follows, is inserted in the same laws:
"Art. 58bis. Remain subject to the provisions of these Acts as applicable to them on the eve of the date of entry into force of this provision, taking into account the amendments that these provisions would have undergone:
1° pensions granted on the effective date of this provision;
2° the pensions of the former gendarmes who after they passed to the Integrated Police Services decided to remain subject to the laws and regulations that were applicable to the category of personnel to which they belonged prior to their passage to these police services;
3° pensions which, pursuant to the articles fixed by Royal Decree deliberated in Council of Ministers of the Order of the Régent of 6 February 1950 relating to the retiring of officers of the armed forces, or the Royal Decree of 22 April 1969 concerning the retiring of the military below the rank of officer, are granted to the military members of the active framework in service from the date of the entry into force of this provision, if this is advantageous;
4° if this is more advantageous, the pensions of the military personnel of the active framework in service from the date of entry into force of this provision which, at that date, are not more than 5 years from the date on which they are retired, taking into account the age limit that, on the eve of the date on which this provision came into force, was to be applied to the grade in which they complete their career in the active disposition, when the period on which
5° if this is more advantageous, the military pensions of the active plan in service from the date of entry into force of this provision which, at that date, are not more than 5 years from the date on which they are retired in accordance with the Royal Decree of 13 August 2004 on the retirement age of officers who perform certain special duties. "
Art. 204. An article 58ter, as follows, is inserted in the same laws:
"Art. 58ter. Pensions which, pursuant to the articles set by Royal Decree deliberated in the Council of Ministers, the Order of the Régent of 6 February 1950 referred to above, or the Royal Decree of 22 April 1969, are granted to the members of the active executive in service from the date of entry into force of this provision, are assimilated to pensions granted after an assignment to the pension by age limit. "
Art. 205. In section 76 of the Acts, the following amendments are made:
1° littera 1° is completed as follows:
"The provisions of these Acts, which were applicable to the initial pension, shall be applied in the revision, taking into account the amendments that these provisions have undergone; »;
2° the littera 3° is completed as follows:
"Paragraph 2 is not applicable to members whose initial pension was calculated on the basis of the reference salary referred to in section 27bis. If such a member, at the time he or she leaves the army again, has a higher grade than that with which he or she has been retired, the pension shall, by derogation from paragraph 1, be revised on the basis of a new reference salary, provided that the member has benefited for at least six months of treatment greater than the last salary that has been taken into account in the establishment of the reference pension that has been used as a basis. When comparing these treatments, it is, where appropriate, taken into account treatment supplements that are considered for the establishment of the reference treatment; "
Art. 206. In the table annexed to the same laws, as amended by the laws of 29 July 1926, 14 July 1930, by Royal Decree No. 16 of 15 October 1934, by the laws of 30 June 1947, 14 July 1951, 2 August 1955 and by the Royal Decree of 20 July 2000, the fraction " 1/60" is replaced in the column "Fraction of the treatment of annuity for the calculation of the pension" by the following provision:
" 1/60. For members of the active personnel in service from the date of entry into force of this provision, however, this portion shall be increased to 1/50 for all active periods of service and associated periods, as well as for absences for health reasons, with the exception of the periods:
1° of day secondary education at the Royal School of Cadets;
2° of military service, reminders and additional benefits made under the reserve, with the exception of voluntary supervisory benefits;
3° the absence of temporary employment withdrawals by career interruption and unpaid absences by treatment, other than for health reasons from the effective date of this provision;
The time spent by the above-mentioned member in a civil service is taken into account in calculating their senior military pension at the age of that civil service, subject to the application of section 3 of the Act of 14 April 1965 establishing certain relations between the various public-sector pension plans. "
CHAPTER III. - Repeal of the Act of 23 December 1955 on Auxiliary Officers of the Air Force, Pilots and Mariners
Art. 207. The Act of 23 December 1955 on Auxiliary Officers of Air Force, Pilots and Mariners, as amended by the Acts of 28 June 1960, 13 July 1976, 15 May 1984, 18 February 1987, 20 May 1994, as amended by Decision No. 81/95 of 14 December 1995 of the Arbitration Court, as amended by the Acts of 16 March 2000, 22 March 2001, 27 March 2003 and 16 July 2005, is repealed.
CHAPTER IV. - Repeal of Act of 1^er March 1958 relating to the status of military career officers
Art. 208. Are repealed:
1° the law of 1^er March 1958 relating to the status of career officers of the Armed Forces, amended by the laws of 28 June 1960, 26 July 1962, 23 June 1964, 6 July 1967, 27 December 1973, 13 July 1976, 18 February 1987, 22 December 1989, 21 December 1990, 28 December 1990, 20 May 1994, 11 June 1998, 16 March 2000, 25 May 2000, 16 May 2001, 16 May 2001, 2 August 2002, 3 February 2003, 27 March 2003, 15 February 2005, 16 July 2005 and 20 July 2006, with the exception of
2° Article 41 of the same law.
CHAPTER V. - Repeal of the Act of 27 December 1961 relating to the status of non-commissioned officers of the Armed Forces Active Framework
Art. 209. Are repealed:
1° the Act of 27 December 1961 relating to the status of non-commissioned officers of the Armed Forces Active Framework, as amended by the Acts of 13 July 1976, 21 December 1990, 28 December 1990, 20 May 1994, 16 March 2000, 25 May 2000, 22 March 2001, 3 February 2003, 27 March 2003, 15 February 2005 and 16 July 2005, with the exception of section 39bis;
2° Article 39bis of the same law.
CHAPTER VI. - Amendment of the Act of 14 April 1965 establishing certain relations between the various public sector pension schemes
Art. 210. Section 3 of the Act of April 14, 1965 establishing certain relationships between the various public sector pension plans is supplemented by the following paragraph:
"In derogation from paragraph 1, the single pension is calculated on the prorated basis of 1/50 of the reference salary for each year that, in accordance with Table I of the Military Pension Acts, coordinated by the Royal Order No. 16020 of 11 August 1923, may be taken at that time for the purposes of calculating the military seniority pension of a member of the active member in service from the date of entry into force of this provision. "
CHAPTER VII. - Amendment of the Act of 9 July 1969 amending and supplementing the legislation on pensions and survival of public sector workers
Art. 211. In section 32 of the Act of 9 July 1969 amending and supplementing the legislation on pensions and survival of public sector workers, as amended by the Act of 3 February 2003, the following paragraph is inserted between paragraphs 1^er and 2:
"The provisions of this chapter shall also apply to the seniority pensions of the members of the military of the active personnel who, from the date of entry into force of this provision, are in service as referred to in section 187, paragraph 2 of the Act of 28 February 2007 establishing the status of the military personnel of the active military. "
Art. 212. Article 35, § 1^er, paragraph 4, of the Act, inserted by the Act of 3 February 2003, is supplemented as follows:
"Paragraph 1^er However, there is still an application for the services that the pensioner, during some or all of these studies, has performed in the military quality of the active framework and that are considered for the calculation of his pension. "
CHAPTER VIII. - Repeal of the Act of 12 July 1973 relating to the status of volunteers in the active framework of the Armed Forces
Art. 213. The Act of 12 July 1973 on the Status of Volunteers of the Armed Forces Active Framework, amended by the Acts of 13 July 1976, 21 December 1990, 28 December 1990, 20 May 1994, 16 March 2000, 25 May 2000, 22 March 2001, 3 February 2003, 27 March 2003, 15 February 2005 and 16 July 2005, is repealed.
CHAPTER IX. - Amendment of the Act of 14 January 1975 concerning the regulation of discipline of the Armed Forces
Art. 214. The Act of 14 January 1975 on the Disciplinary Regulations of the Armed Forces is repealed:
1st Article 9;
2° Article 15, amended by the laws of 22 December 1989, 24 July 1992, 16 July 2005 and 14 June 2006;
3° articles 15bis and 15ter, inserted by the law of 14 June 2006;
4° Article 16, replaced by the Act of 21 April 1994;
5° Article 18, amended by the laws of 22 December 1989 and 16 July 2005;
Article 19, amended by the Act of 16 July 2005;
7° Article 20, amended by the laws of 6 February 2003 and 14 June 2006.
CHAPTER X. - Amendment of the Act of 13 July 1976 on the staffing of officers and the statutes of the Armed Forces personnel
Art. 215. The Act of 13 July 1976 on the staffing of officers and the statutes of military personnel is repealed:
1st section 37, replaced by the Act of 21 December 1990;
Articles 38, 39 and 40;
3° Article 41, replaced by the Act of 21 December 1990;
4° section 42, repealed by the Act of 21 December 1990 and restored by the Act of 20 May 1994, as amended by the Act of 22 March 2001;
5° Article 43;
Article 44, amended by the laws of 16 March 2000 and 16 July 2005;
7° Article 45;
Section 54, replaced by the Act of 28 December 1990 and amended by the Acts of 27 March 2003 and 16 July 2005.
CHAPTER XI. - Repeal of the Act of 21 December 1990 on the Status of Military Candidates of the Active Framework
Art. 216. The Act of 21 December 1990 on the Status of Military Candidates of the Active Framework, amended by the Acts of 20 May 1994, 16 March 2000, 25 May 2000, 22 March 2001, 2 August 2002, 6 February 2003, 27 March 2003, 16 July 2005 and 20 July 2005, is repealed.
CHAPTER XII. - Repeal of the Short-term Military Status Act of 20 May 1994
Art. 217. The Short-term Military Status Act of 20 May 1994, amended by the Acts of 16 March 2000, 22 March 2001, 16 May 2001, 27 March 2003 and 16 July 2005, is repealed.
CHAPTER XIII. - Amendment of the Act of 20 May 1994 on the implementation of the Armed Forces, on condition, and on periods and positions in which the member may find himself
Art. 218. The title of the Act of 20 May 1994 on the implementation of the Armed Forces, the conditionalization, and the periods and positions in which the member may be present is replaced by the following title:
"The Act of 20 May 1994 relating to the periods and positions of the reserve military, as well as to the implementation and condition of the Armed Forces".
Art. 219. The title of Chapter II of the Act is replaced by the following title:
“Chapter II. Implementation and condition."
Art. 220. The title of Chapter III of the Act is replaced by the following title:
“Chapter III. Positions of the member of the reserve frame".
Art. 221. Section 3, § 2, of the Act, as amended by the Act of 27 March 2003, is supplemented as follows:
"4° the preparation activities of a determined operation. "
Art. 222. Section 4 of the Act is replaced by the following provision:
"In times of war and in times of crisis or peace, the reserve military is in one of the following positions:
1° "in active service";
2° "in non-activity";
3° "in unlimited leave."
The member of the reserve framework "in active service" or "non-activity" is considered to be "in service". "
Art. 223. Section 5 of the Act is replaced by the following provision:
“Article 5. The position "in active service" is that of the Reserve Framework member:
1° that makes a recall;
2° providing additional benefits;
3° who performs benefits as part of his training as a reserve military candidate;
4° that, at the end of an active service period, is affected by an incapacity for work resulting from injuries received or illnesses contracted or worsened during service and by service and who wishes to remain in service in accordance with the conditions that the King determines;
5° during a period of suspension by order, if no penalty resulting in the release of the reserve frame was pronounced;
6° during a period of separation of the army, if the facts that caused the absence or the conduct of the reserve member during the absence are consistent with his state. "
Art. 224. The Act repeals:
1° Article 1^er
2° Article 2, as amended by the Act of 22 March 2001;
3° Article 3bis, inserted by the law of 22 March 2001;
4° Article 6, amended by the laws of 27 March 2003 and 14 June 2006;
5° Article 9;
6° Article 10, amended by the laws of 22 March 2001 and 27 March 2003;
CHAPTER XIV. - Amendment of the Act of 20 May 1994 on the monetary rights of military personnel
Art. 225. Article 1^er the Act of 20 May 1994 on the monetary rights of the military, as amended by the Act of 16 May 2001, is replaced by the following provision:
“Article 1^er. This Act is applicable to military personnel of the armed forces' active and reserve framework, as described below as "military". "
Art. 226. Article 2, § 1^erParagraph 2 of the Act, as amended by the Act of 27 March 2003, is supplemented as follows:
“5° military experts:
minimum amount: the minimum amount of salary scales applicable to federal level A public service personnel;
maximum amount: the maximum amount of salary scales applicable to federal level A public service personnel;
6° Military specialists:
minimum amount: the minimum amount of salary scales applicable to staff of the B-level federal public services;
maximum amount: the maximum amount of salary scales applicable to staff of the B-level federal public services."
Art. 227. Section 4 of the Act is replaced by the following provision:
“Article 4. § 1^er. The treatment of the member "in school training period" is reduced by an amount corresponding to a coefficient fixed by the King. This coefficient may not exceed 0.5.
By military "in school training" means:
1° the aspirant officer and the aspirant military expert, who follows the courses of the Royal Military School, a higher industrial institute, the higher school of navigation, a university to obtain the diploma of medicine, veterinarian, dentist or pharmacist, or any other establishment determined by the King, which provides education for access to level A;
2° the aspirant military specialist who follows the courses of a higher education institution to obtain a professional bachelor;
3° the non-commissioned aspirant who follows the school of the non-commissioned officers for the graduation of the higher secondary education.
§ 2. The treatment of aspirant officer who is recruited on the basis of the provisions referred to in Article 5, § 1^er, 2°, of the Act of 28 February 2007 establishing the status of the military members of the armed forces active framework, is reduced by the same coefficient as that referred to in § 1^er until he was appointed to an officer's rank. "
Art. 228. In section 9bis of the Act, inserted by the Act of 27 March 2003 and amended by the Act of 5 March 2006, the following amendments are made:
1° to § 2 :
(a) in paragraph 1^er, the word "may also" is replaced by the words "or benefits made in the context of additional training activities, may";
(b) paragraph 4 is supplemented as follows:
"If applicable, it reduces the amount of the allowance granted for benefits carried out in the context of additional training activities, in proportion to the duration of the benefits performed in this framework. It determines what to hear by full-time benefits. »;
2° it is added a § 4, written as follows:
Ҥ4. The King may create an allowance to give the member the same benefits as those granted to federal public service personnel. It determines, if any, the amount and in a rule the award.
The King may grant, possibly for a limited period of time, an allowance or additional treatment to compensate for a possible loss of income or income, due to an amendment of existing monetary rights. It determines, if any lump sum, the amount and as a rule the award.
However, it may require the Minister of Defence to determine the additional measures necessary for the enforcement of the regulations established by him. "
CHAPTER XV. - Amendment of the Act of 20 May 1994 on the Status of Defence Staff
Art. 229. The Defence Staff Regulations Act of 20 May 1994 is repealed:
1° Article 90, § 1^erreplaced by the Act of 22 March 2001;
2° Article 99bis, inserted by the law of 20 July 2005 and amended by the laws of 5 March 2006 and 20 July 2006.
CHAPTER XVI. - Repeal of the Act of 16 March 2000 on the resignation of certain military personnel and the termination of the undertaking or re-engagement of certain military candidates, the fixing of the period of return and the recovery by the State of part of the costs granted by the State for the formation and part of the treatment received during the formation
Art. 230. The Act of 16 March 2000 on the resignation of certain military personnel and the termination of the undertaking or re-engagement of certain military candidates, the fixing of the performance period and the recovery by the State of part of the costs granted by the State for the training and of part of the treatment received during the training, as amended by the Act of 22 March 2001, as amended by the decision of the Court of Arbitration No.
CHAPTER XVII. - Amendment to the Act of 25 May 2000 establishing the voluntary work regime for the four-day week and the anticipated half-time departure regime for certain military personnel and amending the status of the military to introduce temporary employment withdrawal by career interruption
Art. 231. In Article 2, § 1^erParagraph 1^er, of the Act of 25 May 2000 establishing the voluntary working regime of the four-day week and the regime of early half-time departure for certain military personnel and amending the status of the military in order to establish the temporary withdrawal of employment by interruption of career, as amended by the Act of 16 July 2005, the words "The military career or complement" are replaced by the words "The military of the active framework" and the words "of the gendarmerie"
Art. 232. Article 5, § 1^er, 6°, of the same law, inserted by the law of 6 February 2003, is replaced by the following:
"6° when the member obtains training leave. »
Art. 233. Article 6, § 1^erthe Act, amended by the Acts of 6 February 2003, 16 July 2005 and 20 July 2006, is supplemented as follows:
"11° when the crisis period is decreed. »
Art. 234. In Article 11, paragraph 1^er, of the same law, as amended by the Act of 16 July 2005, the words "The Military of Career or Supplement" are replaced by the words "During his continuing military career, the military" and the words "of the gendarmerie" are replaced by the words "of the Integrated Police Service, structured at two levels".
Art. 235. Article 14, § 1^erParagraph 1^er, of the same Act, replaced by the Act of 16 July 2005 and amended by the Act of 20 July 2006, is supplemented as follows:
"7° when the crisis period is decreed. »
CHAPTER XVIII. - Amendment of the Act of 16 May 2001
Status of military personnel in the Armed Forces Reserve Framework
Art. 236. Section 6 of the Act of 16 May 2001 on the status of military personnel in the Armed Forces Reserve Framework is supplemented by the following paragraph:
"However, until the date that the King fixes, it must be understood by "legislative and regulatory provisions" referred to in paragraph 1^er, those that were applied on the eve of the implementation of the Act of 28 February 2007 establishing the status of the military in the active framework of the Armed Forces, taking into account the amendments that these provisions would have been amended. However, section 189 of the above-mentioned Act applies to members of the reserve framework. "
CHAPTER XIX. - Repeal of the Act of 11 November 2002 on Auxiliary Officers of the Armed Forces
Art. 237. The Act of 11 November 2002 on Auxiliary Officers of the Armed Forces, as amended by the Acts of 16 July 2005 and 5 March 2006, is repealed.
CHAPTER XX. - Amendment of the Act of 6 February 2003 on voluntary resignation with a personalized programme of professional conversion for the benefit of certain military personnel and with social provisions
Art. 238. Abrogated in the Act of 6 February 2003 relating to the voluntary resignation accompanied by a personalized programme of professional conversion for the benefit of certain military personnel and bearing social provisions:
Articles 2 to 6;
2° Article 7, as amended by the Act of 16 July 2005;
3° Article 8;
4° Article 9, as amended by the Act of 16 July 2005;
5° articles 10, 11 and 12;
6° Article 13, amended by the law of 16 July 2005.
CHAPTER XXI. - Amendment of the Act of 25 February 2003 establishing the function of a security officer for the execution of police missions of courts and tribunals and the transfer of detainees
Art. 239. Article 5, paragraph 1^er, the Act of 25 February 2003 establishing the function of a security officer for the execution of the police missions of the courts and tribunals and the transfer of detainees, replaced by the Act of 20 July 2006, is replaced by the following provision:
"In derogation from Article 8, § 1^erParagraph 1^er, of the Civil and Ecclesiastical Pensions Act of July 21, 1844, each year spent in service as a security officer is calculated on the basis of 1/50th of the reference salary that serves as the basis for the establishment of the pension. "
CHAPTER XXII. - Repeal of the Act of 27 March 2003 on the recruitment of military personnel and the status of military musicians and amending various laws applicable to defence personnel
Art. 240. The Act of 27 March 2003 on the recruitment of military personnel and the status of military musicians and amending various laws applicable to defence personnel, as amended by the Act of 16 July 2005, is repealed.
CHAPTER XXIII. - Repeal of the Act of 16 July 2005 establishing the transfer of certain military personnel to a public employer
Art. 241. The Act of 16 July 2005 establishing the transfer of certain military personnel to a public employer, as amended by the Acts of 5 March 2006 and 20 July 2006, is repealed.
CHAPTER XXIV. - Repeal of the Act of 5 March 2006 establishing specific dipositions relating to the status of officers of the medical technical corps of the medical service
Art. 242. The Act of 5 March 2006 establishing specific provisions relating to the status of officers of the medical technical corps of the medical service is repealed.
PART X- Transitional and Final Provisions
Art. 243. § 1^er. Every member shall be registered, from the date of entry into force of this provision, in a trade or field of expertise. A member who is enrolled in a trade may also be enrolled in one or more jurisdictional poles.
Without prejudice to the provisions of paragraph 1^er, senior officers and senior officer candidates who, on the eve of the date of entry into force of this provision, belonged to the medical technical body or who were holders of the military engineering patent or possessing the specific diploma referred to in § 3, may:
1° be registered in an area of expertise and therefore develop an expert career;
2° or, where applicable, be registered in a trades industry and one or more competence poles in the manner referred, as the case may be, to § 2 or § 4.
Without prejudice to the provisions of paragraph 1^erthe non-commissioned officers who, on the eve of the date of entry into force of this provision, had the specific degree referred to in § 3, may:
1° be enrolled in a field of expertise and therefore develop a specialist career;
2° or, where applicable, to be registered in a trades industry and one or more competence poles, in the manner referred to, as the case may be, in § 2 or § 4.
§ 2. Enrolment in a business sector is based on:
1° the body or specialty of the member concerned;
2° of a performance function or training received within the Defence in the field of the relevant business sector.
§ 3. Enrolment in a field of expertise is based on the specific degree on which the member concerned was recruited or obtained after being recruited.
§ 4. Enrolment in a competency pole is based on:
1° of an exercised function or training received in the field of the relevant competence pole;
2° of experience acquired in the relevant competence pole.
§ 5. The King sets out the terms of registration in groups of trades, trades, areas of expertise or competence.
Art. 244. Without prejudice to the application of the provisions of Article 243, volunteers and volunteer candidates in service on the eve of the date of entry into force of this provision shall be transferred to the category of volunteers. Based on their seniority in the last grade on the eve of the date of entry into force of this provision, which is repeated in the left column of Tables I, II and III of Schedule A to this Act, they are, as the case may be, appointed or commissioned, in the grade and have seniority in that grade corresponding to the right column of these tables.
Art. 245. Without prejudice to the application of the provisions of section 243, non-commissioned officers and non-commissioned candidates on the day before the date of entry into force of this provision shall, if any, be transferred to the category of non-commissioned personnel. Depending on their seniority in the last grade on the eve of the date of entry into force of this provision, taken in the left column of Tables IV, V, VI and VII of Schedule A to this Act, they are, as the case may be, appointed or commissioned, in the grade and hold seniority in that grade corresponding to the right column of these tables.
Art. 246. Without prejudice to the application of the provisions of section 243, non-commissioned officers and non-commissioned candidates on the day before the date of entry into force of this provision are, if any, transferred to the category of personnel of military specialists. Based on their seniority in the last grade on the eve of the effective date of this provision, resumed in the left column of Table VIII of the Schedule A to this Act, they are, as the case may be, appointed or commissioned, in the rank and hold seniority in that grade corresponding to the right column of these tables.
Art. 247. Without prejudice to the application of the provisions of section 243, officers and candidates in service on the eve of the date of entry into force of this provision are, if any, transferred to the officer category. Depending on their seniority in the last grade on the eve of the date of entry into force of this provision, taken in the left column of Tables IX, X, XI, XII, XIII and XIV of Schedule A to this Act, they are, as the case may be, appointed or commissioned, in the grade and have seniority in that grade corresponding to the right column of these tables.
An officer on active duty on the eve of the date of entry into force of this provision shall be deemed to be Level A officer.
Art. 248. Without prejudice to the application of the provisions of section 243, officers and candidates in service on the eve of the date of entry into force of this provision are, if any, transferred to the category of personnel of military experts. Depending on their seniority in the last grade on the eve of the day before the date of entry into force of this provision, resumed in the left column of the tables, XV, XVI, XVII and XVIII of Schedule A to this Act, they are, as the case may be, appointed or commissioned, in the grade and have seniority in that grade corresponding to the right column of these tables.
Art. 249. § 1^er. If a member on duty on the eve of the date of entry into force of this provision has a seniority higher than that referred to in one of the lines in the left column of tables I to XVIII of the schedule A to this Act, seniority in the corresponding grade referred to in one of the lines of the right-hand column of the same tables I to XVIII is increased in proportion.
However, the member whose application for the advancement of seniority has been reviewed at least once retains his rank and seniority in this rank. The member promoted during a subsequent examination shall be in the rank in which he or she was transferred and the seniority that he or she would have had in that grade if he or she had been appointed on the date of entry into force of this provision.
All military personnel who, on the day before the date of entry into force of this provision, are permanently outdated in advance, remain outdated in advance and cannot be promoted to a higher rank.
§ 2. The income allocated to a military candidate or member on duty on the day before the date of entry into force of this provision and transferred to a grade referred to in the right-hand column of tables I to XVIII of the schedule A to this Act, may not, at any time, be less than the treatment of which it was entitled before that completed transfer of, if it was entitled to, the allocation of the selected portion referred to in Article 30 of the Royal Decree of 18 March 2003 relating to the financial status of the members of all ranks and to the regime of service of the members of the active staff below the rank of officer, the allocation of §
Art. 250. Military personnel commissioned in a precarious manner to exercise the employment of a higher rank and officers commissioned to a rank of general officer not provided for in the rank hierarchy before the date of entry into force of this provision, retain the benefit of their commission but are transferred according to the rank and seniority in the rank in which they are appointed.
Art. 251. Military candidates in service on the eve of the effective date of this provision, referred to in the left column of tables I to XVIII of the schedule A to this Act, and transferred to the corresponding rank referred to in the right-hand column of the same tables I to XVIII, shall be counted among volunteers, non-commissioned officers, military specialists, officers or military experts based on the rank to which they are commissioned or appointed after their transfer.
Art. 252. The military is divided into two groups:
1° Military personnel who, on the day of the entry into force of this provision, have not yet reached the age of 46;
2nd the other soldiers.
Military personnel referred to in the previous paragraph, 2°, are expected to have exceeded the transfer point.
Art. 253. Notwithstanding the distribution referred to in section 252 and after the execution of sections 243, 244, 245, 246, 247, 248, 249 and 250, the members of the military are further divided as follows:
1° Military personnel who, on the day of the entry into force of this provision, have a seniority of less than or equal to three years in the rank of captain, first chief sergeant or corporal for those who are enrolled in a trades or one or more competency poles or who have a seniority of less than or equal to eight years in the rank of expert or specialist for those who are enrolled in an area of expertise;
2° Military personnel who, on the day of the entry into force of this provision, are enrolled in a continuing military career;
3° the other soldiers.
Art. 254. The maximum period of temporary withdrawal of employment during the initial military career referred to in section 85 shall take place from the date of entry into force of this provision for military personnel referred to in section 253, 1° and 3°.
Art. 255. The member referred to in section 252, 1°, who is also a member of the military referred to in section 253, 1°, and is in operational category D, loses the quality of the military.
A position of state officer in the Defence is proposed to the member referred to in paragraph 1^er which has submitted a request for a voluntary internal passage referred to in Article 141, § 1^erTwo. The member who accepts the above-mentioned position is listed in section 141, § 2.
The application referred to in paragraph 2 must be filed within three months of the notification that the member concerned is in operational category D. The position of State agent in the Defence must be proposed no later than three months after the list referred to in section 141, § 2, was accepted by the SELOR. The member concerned has two months to accept the proposed post.
The loss of quality occurs at the time the member makes the internal passage. The member referred to in paragraph 1^er, which does not make the internal passage, loses the quality of a member at the time that he could have submitted the application for a voluntary internal crossing at the latest.
Art. 256. For the member referred to in section 252, 1°, who is also a member of the military referred to in section 253, 2° or 3°, seats are opened annually by trades, competence pole, area of expertise and category of personnel for the internal crossing.
These places are provided in the following order by:
1° Military personnel in Operational Category D; they are listed in Article 141, § 2; if more members are in operational category D than there are seats, the selection shall be made according to the provisions of section 141, § 2, paragraph 1^er2° and 3°; the member, following this selection procedure, is not selected for the passage, retains the quality of the member; the member, who following this selection procedure, is selected for the internal passage but who refuses it loses the military quality. This member is supposed to have exceeded the transfer point;
2° Military personnel who wish to make the voluntary internal passage; if more members want to make a voluntary internal crossing that there is no room after the application of the 1°, the selection is made according to the above provisions; for this selection the operational category criterion is further taken into account;
3° Military personnel who request a vacant position that is reserved for a State officer and are registered on the list referred to in Article 141, § 2.
The King sets out the terms and conditions for opening the places referred to in paragraph 1^er and the vacancy of the positions referred to in paragraph 2, 3°.
Art. 257. Without prejudice to the provisions of Article 72, 1°, the transition to Operational Category D does not have the internal passage for the member in the continuing military career referred to in Article 252, 2°, which passes into the above-mentioned operational category.
Art. 258. The members of the group referred to in section 252, 1°, who are also part of the group referred to in section 253, 1°, are subject to an orientation process as set out in section 120, the result of which is limited to an orientation towards the continuing military career or the internal passage.
To this end, complementar officers, auxiliary officers and complementar officers, who meet the criteria referred to in paragraph 1^er, are admitted to the refresher courses provided for in section 112 or to the refresher courses provided for in section 111, according to their class of staff and as long as they meet the language requirements referred to in sections 3 and 5 of the Act of 30 July 1938 concerning the use of languages in the army.
Art. 259. For military personnel referred to in section 253, 2°, the orientation process is not organized. The advancement shall take place in seniority in accordance with the rules of this statute.
For members of the military who are in the rank of a member, chief officer, major or lieutenant-colonel, the year to which the solicitation process to a higher grade applies is set as follows, according to their seniority in the last grade on the eve of the effective date of this provision:
1° one year after the entry into force of this provision for military personnel having, as the case may be, a seniority greater than or equal to five years in the rank of an officer or lieutenant-colonel, or a seniority greater than or equal to four years in the grade of Chief Warrant Officer or Major;
2° two years after the entry into force of this provision for members with a seniority greater than or equal to four years in the rank of an officer or lieutenant-colonel, or a seniority greater than or equal to three years in the rank of Chief Warrant Officer or Major;
3° three years after the entry into force of this provision for members with a seniority greater than or equal to three years in the rank of assistant or lieutenant-colonel.
Art. 260. § 1^er. The officers of the group referred to in Article 253, 1°, who are also part of the group referred to in Article 252, 2°, and the officers who are part of the military referred to in Article 253, 3°, which according to the provisions applicable to them, were not, on the eve of the entry into force of this provision, under the conditions to be promoted to the rank of major, are not subject to the grade of five years and are promoted^erParagraph 3.
The provisions of paragraph 1^er applies to members referred to in paragraph 1^er who, on the eve of the entry into force of this provision, belonged to the Auxiliary Officers, provided that they met the language requirements of section 3 of the Act of 30 July 1938 relating to the use of languages in the Army. Those who do not meet the latter condition leave the department at the time provided for in the status that they had the day before the coming into force of this provision.
Without prejudice to the application of the provisions of section 258, officers of the group referred to in section 253, 1°, who are also part of the group referred to in section 252, 1°, and who, on the eve of the entry into force of this provision, enter the scope of section 198, may apply this provision to belong to the group of officers referred to in section 252, The application is unconditional, final and irrevocable.
Complementary officers and non-compartmental officers of the group referred to in section 253, 1°, who are also part of the group referred to in section 252, 1°, and who have reached the age of thirty-four years on the day of the entry into force of this provision, may request not to be submitted to the orientation process. The application is unconditional, final and irrevocable. These members shall be promoted, as the case may be, to the rank of master-commander, principal specialist, or first sergeant-major, in accordance with the provisions of paragraph 1^er or 5.
The non-commissioned officers of the group referred to in section 253, 1°, which are also part of the group referred to in section 252, 2°, and the non-commissioned officers who are part of the military units referred to in section 253, 3°, which, according to the provisions applicable to them, were not, on the eve of the entry into force of this provision, under the conditions of seniority to be promoted to the rank of first sergeant^er, paragraph 3, and as long as they have successfully completed the development course referred to in Article 112, § 1^erParagraph 3. The non-commissioned officers who, on the day before the date of entry into force of this provision, have successfully completed or successfully completed the first-seat sergeant-major examination, may be exempted from all or part of the training courses referred to, as the case may be, in section 112, § 1^er, paragraph 3, or article 113, paragraph 1^er.
The volunteers of the group referred to in Article 253, 1°, who are also part of the group referred to in Article 252, 2°, and the volunteers who are part of the soldiers referred to in Article 253, 3°, are not subject to the orientation process and are promoted to the rank of first corporal after six years of seniority in the rank of corporal, which has been conferred to them under the provisions of Article 244, for as much as^er, paragraph 3, without having to attend the courses of development referred to in Article 112, § 1^erParagraph 4.
Military personnel referred to in the preceding paragraphs are expected to have exceeded the transfer point.
§ 2. The military shall, however, have the rank of captain or master-commander who belong to the group referred to in section 253, 3°, and who, on the day before the date of entry into force of this provision, were under the conditions, as a career officer, to be promoted in the grade of major or who were following or following with fruit the courses of improvement referred to in section 111 before having a grade of one year in the order^er, paragraph 4, and on the day before the date of entry into force of this provision, the nomination for the grade of major must still be or has already been reviewed will be submitted to a directional process. The guidance proposals for this guidance process consist of allowing them or not to access the grade of, as the case may be, major or principal expert.
This orientation process will include:
1° three orientation proposals if the application for the rank of major of the member concerned has not yet been considered or has already been considered once before the date of entry into force of this provision;
2° two orientation proposals if the application for the rank of major of the member concerned has already been considered two or three times before the effective date of this provision;
3° a proposal for guidance if the application for the rank of major of the member concerned has already been considered four times before the date of entry into force of this provision.
§ 3. An officer who, on the eve of the coming into force of this provision, has been recommended favourably by the advance committee or the senior committee for the advancement of a higher officer or general officer, but who, on the day of the coming into force of this provision, has not yet been appointed in that rank, is appointed in that rank on the date that was provided under the regulations in force on the eve of this provision.
Art. 261. On the eve of the day before the date of entry into force of this provision shall be admitted to the social promotion referred to in Article 114, without taking into account the age limit referred to in Article 115, § 1^er1°. This derogation from section 115 ends when the first soldier recruited under the provisions of this Act can participate in social promotion.
Art. 262. The minimum seniority in the rank of lieutenant of officers belonging to the personnel navigating patented air force is set as follows, according to the year in which they were admitted to training for their admission as military personnel of the active framework:
1st admission year before the entry into force of this provision: 2 years;
2° the year of entry into force of this provision: 3 years;
3° admission the year following that of the entry into force of this provision: 4 years;
4th admission from the second year following the entry into force of this provision: 5 years.
Art. 263. § 1^er. For the purposes of sections 263 to 270, "candidate" means the member defined as such by the provisions in force on the eve of the entry into force of this provision.
§ 2. A candidate who, on the date of entry into force of this provision, is in school training or in education, shall continue his or her training as aspirant, as provided in Section 2 of Chapter II of Part III.
However, the nominee as a career officer of normal recruitment commissioned in the rank of assistant lieutenant continues to be a candidate.
He is appointed in the grade of, as the case may be, lieutenant or expert, at the time provided for by the provisions applicable to him on the day before the entry into force of this provision.
§ 3. The candidate who, at the date of entry into force of this provision, is, at the end of his or her period of instruction, in a period that the King determines according to, as the case may be, the group of trades, the industry or the field of expertise in which he or she is registered, or the function for which he or she is trained, without that period being less than three months or greater than twenty-four months, shall continue his or
However, the assessment closes the initial formation of the aspirant referred to in paragraph 1^er includes:
1° an assessment identical to that which closes the training period in which it is at the date of entry into force of this provision, according to the provisions applicable to candidates;
2° the assessment of the medical fitness referred to in section 68.
§ 4. The basic training of the candidate who, on the date of entry into force of this provision, is no longer in the period referred to in § 3, is terminated by an assessment that includes:
1° an assessment identical to that which closes the training period in which it is at that date, according to the provisions applicable to candidates;
2° the assessment of the medical fitness referred to in section 68.
§ 5. On the date of entry into force of this provision, the short-term member shall receive an assessment including:
1° an assessment identical to that which closed its basic training according to the provisions applicable to candidates;
2° the assessment of the medical fitness referred to in section 68.
§ 6. In derogation from the preceding paragraphs, the short-term member who requests it may continue the undertaking or re-engagement on the eve of the effective date of this provision, in accordance with the provisions applicable to it before the date of entry into force of this provision. He loses the quality of a member right after this engagement or re-engagement.
Art. 264. The member who met the criteria for success of the assessment referred to in Article 263, § 4, passed his initial training.
Art. 265. The member who has not met the criteria for the success of the assessment referred to in section 263, § 4, begins a period of observation for a period of six months in the quality of aspirant.
During this period, the aspirant exercises a function for which he received training.
However, the member referred to in paragraph 1^er may be redirected or reclassified according to the provisions of this Act.
In the middle and at the end of the observation period, the aspirant is appreciated according to the provisions referred to in Article 263, § 4.
The aspirant who met the success criteria during the late observation period evaluation successfully completed his initial training.
Art. 266. An assessment board, whose composition and operation is fixed by the King, is based on the aspirant who has not met the criteria for success at the end of the observation period.
This commission decides whether the aspirant has succeeded or permanently failed.
Aspirant who has permanently failed may be redirected or reclassified according to the provisions of this Act.
Art. 267. During the observation period, the aspirant may obtain an adjournment under the provisions of section 102.
However, the duration of this adjournment may not exceed one year.
Art. 268. When the training of the person concerned is extended by an observation period, an adjournment or reorientation, his commission or appointment shall be effective according to the provisions of section 109.
Art. 269. Full-right loss of the quality of military aspirant who, at the end of his observation period, failed definitively and who can no longer be redirected or reclassified.
For aspirant from the short-term military, loss of military quality referred to in paragraph 1^er takes effect at the end of its commitment or commitment.
Art. 270. A candidate who, on the date of entry into force of this provision, is trained for his or her admission as a military supplement in the immediately superior or career category of his or her staff category, shall continue his or her training in accordance with the provisions in force on the day before that date.
Art. 271. The commissions and appointments of the military to which the provisions of sections 263 to 270 apply are set out in tables I to XVIII of Schedule A to this Act.
Art. 272. The King shall determine the effective date of each of the provisions of this Act by 1^er July 2011.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 28 February 2007.
ALBERT
By the King:
Minister of Defence,
A. FLAHAUT
Minister of Pensions,
B. TOBBACK
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Note
(1) 2006-2007 session:
Chamber of Representatives:
Parliamentary documents. - Bill No. 2759/1. - Errata n^bones 2759/2, 2759/5. - Amendments, n^bones 2759/3, 2759/4. - Report, no. 2759/6. - Text adopted by the Commission, no. 2759/7. - Text adopted in plenary and transmitted to the Senate on January 11, 2007.
Annales parliamentarians. - Text adopted in plenary meeting on 1^er February 2007.
Senate:
Parliamentary documents. - Bill transmitted by the House, no. 2014/1. - Amendments, n^bones 2014/2, 2014/4. - Report, no. 2014/3.

Annex A to the Act of 28 February 2007 establishing the status of the military personnel of the armed forces
Table I. - Transfer of career volunteer and career volunteer candidates to volunteer staff

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(a) With the seniority in the rank he was wearing on the eve of the entry into force of the transitional provisions.
(b) With the seniority in the grade on the eve of the entry into force of the transitional provisions, and, where applicable, according to the provisions referred to in section 268.
Table II - Transfer of voluntary supplemental candidates and supplemental volunteers to the category of volunteer staff

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(a) With the seniority in the rank he was wearing on the eve of the entry into force of the transitional provisions.
(b) With the seniority in the grade on the eve of the entry into force of the transitional provisions, and, where applicable, according to the provisions referred to in section 268.

Table III - Transfer of short-term voluntary candidates and short-term volunteers to the staff of volunteers

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(a) With the seniority in the rank he was wearing on the eve of the entry into force of the transitional provisions.
(b) With the seniority in the grade on the eve of the entry into force of the transitional provisions, and, where applicable, according to the provisions referred to in section 268.
(c) Balance commissioned with at least 1 year of seniority in case of application of the provisions referred to in Article 263, § 6.
(d) First soldier commissioned in case of application of the provisions referred to in Article 263, § 6.

Table IV - Transfer of non-regular recruitment career non-commissioned candidates who were not admitted to a non-commissioned school and career non-commissioned officers who were not admitted to a non-commissioned school in the non-commissioned personnel category

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(x) The seniority of the career non-commissioned officer who did not pass the first sergeant-major's accession test is line 1.15. Line 1.23. Table VI.
(a) With the seniority in the rank he was wearing on the eve of the entry into force of the transitional provisions.
(b) With the seniority in the grade on the eve of the entry into force of the transitional provisions, and, where applicable, according to the provisions referred to in section 268.

Table V - Transfer of non-commissioned career candidates for normal recruitment who were admitted to a non-commissioned school and non-commissioned career officers for normal recruitment who were admitted to a non-commissioned school in the non-commissioned category

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(x) The seniority of the career non-commissioned officer who did not pass the first sergeant-major's accession test is line 1.15. Line 1.23. Table VI.
(a) With the seniority in the rank he was wearing on the eve of the entry into force of the transitional provisions.
(b) With the seniority in the grade on the eve of the entry into force of the transitional provisions, and, where applicable, according to the provisions referred to in section 268.

Table VI - Transfer of non-commissioned supplemental candidates and non-commissioned complements in the non-commissioned personnel category

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(a) With the seniority in the rank he was wearing on the eve of the entry into force of the transitional provisions.
(b) With the seniority in the grade on the eve of the entry into force of the transitional provisions, and, where applicable, according to the provisions referred to in section 268.

Table VII - Transfer of short-term non-commissioned and short-term non-commissioned officers to non-commissioned personnel

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(a) With the seniority in the rank he was wearing on the eve of the entry into force of the transitional provisions.
(b) With the seniority in the grade on the eve of the entry into force of the transitional provisions, and, where applicable, according to the provisions referred to in section 268.
(c) Commissioned sergeant in case of application of the provisions referred to in Article 263, § 6.

Table VIII - Transfer of non-commissioned career candidates for special recruitment and career non-commissioned officers to the category of personnel of military specialists

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(x) With the military seniority he had the day before the transitional provisions came into force.
(a) With the seniority in the rank he was wearing on the eve of the entry into force of the transitional provisions.
(b) With the seniority in the grade on the eve of the entry into force of the transitional provisions, and, where applicable, according to the provisions referred to in section 268.

Table IX - Transfer of Professional Officers and Career Officers from normal or complementary recruitment to Officers

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(a) With the seniority in the rank he was wearing on the eve of the entry into force of the transitional provisions.

Table X - Transfer of Supplemental Officers and Supplemental Officers to Officers

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(a) With the seniority in the rank he was wearing on the eve of the entry into force of the transitional provisions.

Table XI - Transfer of Short-term Officers and Short-term Officers to Officers

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(a) With the seniority in the rank he was wearing on the eve of the entry into force of the transitional provisions.
(b) With the seniority in the grade on the eve of the entry into force of the transitional provisions, and, where applicable, according to the provisions referred to in section 268.
(c) Sub-lieutenant commissioned in case of application of the provisions referred to in Article 263, § 6.

Table XII - Transfer of Junior Officers and Junior Officers other than Table XIII to Officers

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(a) With the seniority in the rank he was wearing on the eve of the entry into force of the transitional provisions.

Table XIII - Transfer of Auxiliary Officers and Auxiliary Officers from Air Force Corps to Officers

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(a) With the seniority in the rank he was wearing on the eve of the entry into force of the transitional provisions.

Table XIV - Transfer of Professional Officers and Career Officers from Special Recruitment Other than Table XVIII Officers

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(a) With the seniority in the rank he was wearing on the eve of the entry into force of the transitional provisions.
(b) With the seniority in the grade on the eve of the entry into force of the transitional provisions, and, where applicable, according to the provisions referred to in section 268.

Table XV - Transfer of Professional Officers and Career Officers from normal or complementary recruitment other than those set out in table XVII in the Personnel of Military Experts category

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(a) With the seniority in the rank he was wearing on the eve of the entry into force of the transitional provisions.

Table XVI - Transfer of Career Officers and Special Recruitment Officers, other than those listed in table XVIII in the Personnel of Military Experts category

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(x) With the military seniority he had the day before the transitional provisions came into force.
(a) With the seniority in the rank he was wearing on the eve of the entry into force of the transitional provisions.
(b) With the seniority in the grade on the eve of the entry into force of the transitional provisions, and, where applicable, according to the provisions referred to in section 268.

Table XVII - Transfer of Professional Officers and Career Officers from the Medical Technical Corps of Regular or Complementary Recruitment in the Personnel of Military Experts category

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(x) With the military seniority he had the day before the transitional provisions came into force.
(a) With the seniority in the rank he was wearing on the eve of the entry into force of the transitional provisions.

Table XVIII - Transfer of Career Officers and Career Officers from the Medical Technical Corps to Special or Lateral Recruitment in the Personnel of Military Experts category

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(x) With the military seniority he had the day before the transitional provisions came into force.
(a) With the seniority in the rank he was wearing on the eve of the entry into force of the transitional provisions.
(b) With the seniority in the grade on the eve of the entry into force of the transitional provisions, and, where applicable, according to the provisions referred to in section 268.

Annex B to the Act of 28 February 2007 establishing the status of the military personnel of the armed forces
TABLE

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Seen to be annexed to the Act of 28 February 2007 establishing the status of the military members of the armed forces active framework.
ALBERT
By the King:
Minister of Defence,
A. FLAHAUT
Minister of Pensions,
B. TOBBACK