belgiquelex.be - Carrefour Bank of Legislation

1^er MARS 2007. - Miscellaneous Provisions Act (III) (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 provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
PART II. - Administrative simplification
CHAPTER I^er. - Changes to the mortgage law
16 December 1851
Art. 2. Section 139 of the Mortgage Act of 16 December 1851, inserted by the Act of 9 February 1995, is amended as follows:
1° § 1^er is replaced by the following provision:
« § 1^er. In any act or document, subject to advertisement in a mortgage office, any natural person under the name of which the advertisement must be insured is designated by his name followed by his name, place and date of birth and domicile.
When the act is authentic or when it comes to the registration of a legal hypothec, the instrumentant official or the person authorized to request the registration are required to certify the aforementioned identity data either in the body or at the foot of the act or document. This certification is based on the national register of natural persons, the identity card, the marriage notebook or, in the event of a dispute, the civil registration records. If the certification is established on the basis of the identity card, just mention the first two first names instead of repeating all names. The names are mentioned in the order in which they appear in the document that was used for identification. Shipments and excerpts presented to the mortgage curator reproduce the content of this certification.
In other cases, an excerpt from civil records is attached to the act or document. »;
2° § 4 is repealed.
Art. 3. In section 140 of the Act, inserted by the Act of 9 February 1995, the words "ID number at the T.V.A." and "subject" are replaced respectively by "business number" and "registered in the Banque-Carrefour des Entreprises".
CHAPTER II. - Amendments to the law of 25 ventôse of the year XI containing organisation of the notariat
Art. 4. Section 11 of the law of 25 ventôse of the year XI containing organization of the notariat, replaced by the law of 4 May 1999, is replaced by the following provision:
“Art. 11. The name, first names, place and date of birth and the domicile of the parties who sign the act must be known to the notary or be established by identity documents probating to the act or be certified in the act by two persons known to him, having the qualities required to be instrumental witnesses. »
Art. 5. In section 12 of the Act, replaced by the Act of 4 May 1999, the following amendments are made:
1st paragraph 1^er is replaced by the following provision:
"All acts must state the name, common name and place of residence of the notary who receives them. An associate notary sets out this quality and the company's seat instead of its residence. The parties are designated in the act by their name, followed by their first names, place and date of birth and domicile. In case of certification established on the basis of the identity card, it is sufficient to mention the first two names instead of repeating all names. The names are mentioned in the order in which they appear in the document that was used for identification. »;
2° in paragraph 3, the sentence "The sums and dates are written in all letters. "The date on which the act is signed by the notary and the amounts subject to a payment obligation are written in all letters. »
PART III. - Economy
CHAPTER I^er. - Amendment of the Act of 25 June 1992 on the land insurance contract
Art. 6. In section 13, paragraph 3, of the Act of 25 June 1992 on the land insurance contract, as amended by the Act of 22 February 2006, the words ", but make this payment through an insurance intermediary as referred to in section 1^er, 3°, of the Act of 27 March 1995 on the intermediation of insurance and reinsurance and the distribution of insurances" are inserted between the words "insurance contract" and "only reception".
Art. 7. In Article 68-2, § 1^er, a), of the same law, inserted by the law of May 21, 2003, the words "a flood" are interpreted as including "the runoff of water resulting from the lack of soil absorption following atmospheric precipitation".
CHAPTER II. - Amendment of the Act of 27 March 1995 on intermediation in insurance and reinsurance and the distribution of insurance
Art. 8. Article 1^er, 5°, b), of the Act of 27 March 1995 relating to the intermediation of insurance and reinsurance and the distribution of insurance, inserted by the Act of 22 February 2006, is replaced by the following:
"(b) any natural person who, in an insurance business, de facto assumes responsibility for persons responsible for the distribution of insurance products or exercises control over such persons; "
Art. 9. In Article 2, § 3, of the Act, as amended by the Act of 22 February 2006, the following amendments are made:
1° the words "insurance or reinsurance business" and "insurance and reinsurance intermediaries" are replaced by the words "insurance business" and "insurance intermediaries" respectively;
2° the words "in relation to the public" are replaced by the words "in contact with the public".
Art. 10. In section 3 of the Act, as amended by the Act of 22 February 2006, the following amendments are made:
1st paragraph 1^er is replaced by the following paragraph:
"A legal or physical person who occupies workers and is registered as an insurance or reinsurance intermediary shall designate a distribution official in accordance with section 4. The distribution manager must meet the conditions for professional knowledge, skills and professional honorability referred to in Article 10, 1°, 2°bis and 3°. »;
2° in paragraph 2, the words ", with an insurance or reinsurance intermediary," are inserted between the words "who" and "occupied", and the words "in relation to the public" are replaced by the words "in contact with the public".
Art. 11. Article 9, § 1^er, paragraph 4, of the same law, as amended by the law of 22 February 2006, the words "van rechtswege" are, in the Dutch version, replaced by the word "ambtshalve".
Art. 12. Article 10, paragraph 1^erthe same Act, as amended by the Royal Decree of 25 March 2003 and by the Act of 22 February 2006, are amended as follows:
1° point 4°, paragraph 1^er, is completed as follows:
"The insurance contract contains a provision that obliges the insurance company, when terminated, to notify CBFA. »;
2° the point 6°ter is replaced by the following text:
"Respect, where appropriate, the provisions of articles 12bis, 12ter and 12quater. »
Art. 13. Section 11 of the Act, amended by the Act of 11 April 1999, the Royal Decree of 25 March 2003 and the Act of 22 February 2006, are amended as follows:
1° to § 3, paragraph 2, the word "persons" is replaced by the words "insurance intermediaries";
2° it is inserted a § 4bis, written as follows:
§ 4bis. The professional knowledge and basic training referred to in this section are subject to regular recycling. CBFA is competent to accept these recyclings. »
Art. 14. Article 11bi s, paragraph 1^erthe same law, as amended by the Royal Decree of March 25, 2003 and by the Act of February 22, 2006, the words "insurance and reinsurance companies" are replaced by the words "insurance companies".
Art. 15. It is inserted in chapter IIbis "Information required" of the same law, inserted by the law of February 22, 2006, a section 3, including section 12quinquies and entitled:
“Section 3. - Information to be provided by insurance companies".
Art. 16. An article 12quinquies, as follows, is inserted in the same law:
"Art. 12quinquies. The provisions of Article 12bis, § 1^erParagraph 1^er, 5° and §§ 3 and 4, and of Article 12quater apply by analogy to insurance companies in their direct contact with customers. »
Art. 17. In article 13bis of the same law, inserted by the law of 22 February 2006, § 2, paragraph 2, is replaced by the following paragraph:
"If, in the cases referred to in paragraph 1^er, at the end of the one-month period, the failure was not corrected, and in the event of a bankruptcy declaration of the insurance or reinsurance intermediary, the registration of the latter in the register expires on its own. The CBFA advises the intermediary of insurance or reinsurance. »
Art. 18. Article 15, § 1^erthe same Act, as amended by the Act of 22 February 2006, is amended by:
1° to paragraph 1^erthe following dash is inserted between the fifth and sixth dashes:
" - fails to communicate to the CBFA the termination or termination of the contract referred to in Article 10, paragraph 1^er4°; »;
2° the text of the sixth dash, which becomes the seventh dash, is replaced by the following text:
" - omits to mention information referred to in articles 12bis, 12ter and 12quater; "
Art. 19. In section 17 of the Act, as amended by the Act of 22 February 2006, the following amendments are made:
1° to § 1^erthe words "on the effective date of this Act" and "in the six months of the coming into force of this Act" are replaced by the words "on the date of March 15, 2006" and "on the latest of January 31, 2007";
2° § 2 is repealed.
Art. 20. Section 18 of the Act, as amended by the Act of 22 February 2006, is replaced by the following provision:
“Art. 18. Insurance intermediaries must demonstrate no later than June 15, 2006 that persons who are part of the effective management referred to in section 10bis meet the requirements of this section for professional honesty. Reinsurance intermediaries must demonstrate no later than January 31, 2007 that persons who are part of the effective management referred to in section 10bis meet the requirements of this section for professional honesty. »
PART IV. - Average grades
CHAPTER I^er. - Amendment of the Act of 19 February 1965 on the exercise by foreigners of independent professional activities
Art. 21. Article 3, § 1^erthe Act of 19 February 1965 on the exercise by foreigners of independent professional activities, as amended by the Acts of 28 June 1984, 2 February 2001 and 1^er May 2006, the following amendments are made:
1° to paragraph 1^erthe word "delivered" is replaced by the word "approved";
2° the following paragraph is added after 1^er subparagraph:
"The King may give business windows the power to issue the professional card granted by the delegated official for that purpose referred to in paragraph 1^er. It will determine the distribution of business windows for their intervention. »
CHAPTER II. - Amendment of the law of 26 June 1963 creating an order of architects
Art. 22. Section 11 of the Act of 26 June 1963 creating an Order of Architects, amended by the Royal Decree of 12 September 1990 and the Act of 10 February 1998, are amended as follows:
1° to paragraph 1^erthe word "four" is replaced by the word "six";
2° paragraph 2 is repealed;
3° in old paragraph 3, which became paragraph 2, the word "two" is replaced by the word "three".
Art. 23. In section 12 of the Act, the words "of an alternate legal assessor" are replaced by the words "of several alternate legal assessors".
Art. 24. In section 13 of the Act, the following amendments are made:
1° to paragraph 1^er, the words "four years among the presidents, vice-presidents and judges, actual or honorary, of the courts of first instance, excluding the investigating judges, as well as among the fee judges of the prosecutor's office of these courts" are replaced by the words "six years among the actual magistrates or fees";
2° paragraph 2 is replaced by the following paragraph:
"The King appoints, under the same conditions, alternate legal assessors and sets out the order in which they supple the legal assailant. »
Art. 25. Article 16, paragraph 1^er, from the same law the words "or the alternate legal assailant" are replaced by the words "or one of the alternate legal assessors".
Art. 26. In article 24, § 2, of the same law, as amended by the law of January 28, 1977, the words "The King stops the forms in which the right of recusal must be exercised. » are deleted.
Art. 27. Article 28, paragraph 1^erin the same law, the word "four" is replaced by the word "six".
Art. 28. The amendments referred to in this chapter apply to the mandates currently under way in the bodies referred to in section 6 of the Act.
PART V. - Environment
CHAPTER I^er. - Product standards - Amendment of the Act of 21 December 1998 on standards of products for the promotion of sustainable production and consumption patterns and the protection of the environment and health
Art. 29. The Dutch text of Article 2, 8°, of the Act of 21 December 1998 on standards of products intended to promote sustainable production and consumption patterns and the protection of the environment and health, is replaced as follows:
"8° biociden : de werkzame stoffen en preparaten die één of meer werkzame stoffen bevatten, in de vorm waarin zij aan de gebruiker worden geleverd, en bestemd zijn om een schadelijk organismes te vernietigen, af te schrikken, onschadelijk te makemis "
Art. 30. Section 17 of the Act, as amended by the Acts of 28 March 2003, 27 December 2004 and 20 July 2005, are amended as follows:
- § 1^er, it is inserted a point 9°, as follows:
"9° that which contravenes Article 9 of Regulation (EC) No. 842/2006 of the European Parliament and of the Council of 17 May 2006 on certain fluorinated greenhouse gases";
- in § 2, it is inserted a point 7°, which reads as follows:
"7° the person who violates Article 6, §§ 1^er and 2, and Article 7 of Regulation (EC) No. 842/2006 of the European Parliament and of the Council of 17 May 2006 on certain fluorinated greenhouse gases".
Art. 31. The Schedule to the Act is supplemented as follows:
"Regulation (EC) No. 842/2006 of the European Parliament and the Council of 17 May 2006 on certain fluorinated greenhouse gases".
CHAPTER II. - Genetically modified organisms - Amendment of the Act of 20 July 1991 on social and other provisions
Art. 32. Section 132 of the Act of 20 July 1991 on social and other provisions, as amended by the Act of 22 February 1998 and the Royal Decree of 22 February 2001, is replaced as follows:
"Art. 132. To ensure the fulfilment of obligations arising from international agreements or treaties as well as European regulations with regard to the voluntary release, marketing, traceability, labelling and cross-border movements of genetically modified organisms, the King, by deliberate order in the Council of Ministers, regulates the voluntary release, marketing, genetic traceability, labelling and transboundary movements of modified organisms. »
Art. 33. In Part V, Chapter II, of the same Act, an article 132bis is inserted, as follows:
"Art. 132bis. § 1^er. Without prejudice to the powers of judicial police officers, members of the statutory or contractual personnel of the SPF Public Health, Safety of the Food Chain and Environment, appointed by the King on a joint proposal by the Ministers who have the Public Health and the Environment in their responsibilities, control the application of the decrees made pursuant to section 132 of this Act, the provisions made under cross-border agreements and treaties, and European regulations and decisions regarding the market
§ 2. In carrying out their mission, members of the statutory or contractual personnel referred to in § 1^er may:
1° enter and invest, at any time, in any place where products can be found and in places where evidence of an offence is likely to be found. The visit of the premises used exclusively for housing is permitted only between 5 a.m. and 9 a.m. and may be carried out only with written permission, prior, and issued to that effect by a judge of the police court;
2° require the production of the information and documents they consider necessary in the execution of their mission and carry out all the useful findings;
3° collect or collect samples under their supervision and examine and/or have them analysed.
§ 3. Members of the statutory or contractual personnel, appointed by the King, shall note the offences against the orders made pursuant to section 132 of this Act and the provisions made under international agreements and treaties, and European regulations and decisions with regard to voluntary dissemination, market placement, traceability, labelling and cross-border movements of genetically modified organisms or products containing, by making statements to the contrary; a copy of the record shall be transmitted to the offender within fifteen calendar days of the finding.
§ 4. Members of the statutory or contractual personnel, designated by the King, may, by administrative measure and for a period of up to sixty calendar days, carry out the precautionary seizure of genetically modified organisms or the products in which they suspect the non-compliance with the provisions of an order made pursuant to section 132 of this Act or the provisions made under international agreements and labelling, and European regulations and decisions with respect to the voluntary release, Depending on the outcome of the examination or analysis, the provisional seizure is terminated by order of the member of the statutory or contractual personnel who has temporarily seized the product for examination, or the products may be permanently seized. permanently seized products may be destroyed or returned. The deadline also leads to the lifting of the conservatory seizure.
Genetically modified organisms or containing products subject to a conservatory seizure referred to in paragraph 1^er, will be destroyed if necessary for reasons of non-conservation or for compelling reasons of public health and/or environment. This destruction is ordered by members of the statutory or contractual personnel appointed by the King.
The costs of destruction, processing, denaturation, disposal, storage, seizure, sealing or sequestration, examination or analysis are borne by the owner or, if not, the owner of the products.
§ 5. In the event of imminent danger to public health or the environment, the Minister who has public health or the environment in his or her responsibilities may, by reasoned decision, take or impose all urgent measures that are necessary in the light of the circumstances. "
Art. 34. In Part V, Chapter II, of the same Act, an article 132ter is inserted, as follows:
"Art. 132ter. Offences to the provisions of the Orders made pursuant to section 132 of this Act and to the provisions made under international agreements and treaties and European regulations and decisions with regard to voluntary release, marketing, traceability, labelling and cross-border movements of genetically modified organisms or products in containers and, may be punished by a prison sentence of one month to two euros and of a euro
The verbalizing official sends the minutes that notices the offence to the King's attorney and a copy to the officer designated by the King. "
Art. 35. In Part V, Chapter II, of the Act, an article 132quater is inserted, as follows:
"Art. 132quater. § 1^er. The King's prosecutor decides whether or not to prosecute criminally.
Criminal proceedings exclude the application of an administrative fine, even if an acquittal closes them.
§ 2. The King's Attorney shall have a period of three months, from the date of receipt of the minutes, to notify the King's designated official of his decision.
In the event that the King's prosecutor waives criminal proceedings or fails to notify his decision within the time limit, the officer designated by the King decides, in accordance with the terms and conditions that he fixes, and after placing the person concerned in a position to present his defence, if it is necessary to propose an administrative fine of the head of the offence.
§ 3. The grievor's decision is motivated and sets out the amount of the administrative fine that cannot be less than the minimum of the fine provided for by the legal provision violated, nor greater than the minimum.
However, these amounts are still higher than the additional amounts set for fines.
In addition, the costs of expertise are borne by the offender.
§ 4. In the event of an offence examination, the amounts of administrative fines are accumulated, without their total being able to exceed the maximum provided for in section 132ter.
§ 5. The decision, referred to in § 3, is notified to the person by registered letter to the position, together with an invitation to pay the fine within the time limit set by the King. This notification extinguishes public action; the payment of the administrative fine terminates the action of the administration.
§ 6. If the employee remains in default of paying the fine and the costs of expertise within the time limit, the employee shall continue to pay the fine and the costs of expertise before the competent court.
§ 7. An administrative fine may not be imposed three years after an offence under this chapter is committed.
However, acts of instruction or prosecution, made within the time specified in paragraph 1^erinterrupt the course.
These acts result in a new period of equal duration, even in respect of persons who are not involved.
§ 8. The King determines the applicable procedural rules for administrative fines.
Administrative fines are paid on a treasury account of the Federal Public Service Public Health, Food Chain Safety and Environment.
§ 9. The legal person whose offender is the organ or agent is also responsible for the payment of the administrative fine. "
Art. 36. In Part V, Chapter II, of the same Act, an article 132quinquies, as follows:
"Art. 132quinquies. The provisions contained in sections 132bis tot en met 132quater do not apply to the controls carried out or the offences found under the Royal Decree of February 22, 2001, organizing the controls carried out by the Federal Agency for the Safety of the Food Chain and amending various legal provisions. "
PART VI. - Banque-Carrefour de la sécurité sociale
CHAPTER I^er. - Amendment of the Act of 15 January 1990 on the institution and organization of a Social Security Bank
Art. 37. Section 2 of the Act of 15 January 1990 on the institution and organization of a Social Security Bank is amended to read as follows:
1st paragraph 1^er, 2° amended by the laws of 29 April 1996, 25 January 1999 and 24 December 2002, is supplemented as follows:
"(f) public social action centres to the extent that they are responsible for the application of social security within the meaning of this Act; »;
2° to paragraph 1^er, 10°, inserted by the law of 26 February 2003, the words "Sectoral Social Security Committee" are replaced by the words "Sectoral Social Security and Health Committee".
Art. 38. Section 4 of the Act, replaced by the Act of 24 December 2002 and amended by the Act of 27 December 2004, is replaced by the following provision:
“Art. 4. § 1^er. Bank-Carrefour registers are databases managed by the Bank-Carrefour in which, in accordance with the provisions of this section, identification data relating to natural persons are recorded and made available for the identification of natural persons affected by the instances referred to in § 4 in the context of purposes for which they have access to the data stored in the Bank-Carrefour registers or obtain the communication.
§ 2. The Bank Crossroads registers are complementary and subsidiary to the National Register. In the Bank-Carrefour registers are registered natural persons who are not registered in the National Register or whose necessary identification data are not all updated systematically in the National Register, provided that their identification is required for the application of social security, for the execution of missions that are granted by or under a law, a decree or an order to a Belgian public authority or for the fulfilment of a decree
Between the Bank-Carrefour registers and the National Register, regular synchronization is carried out, in such a way that it is not kept in the Bank-Carrefour registers of data relating to natural persons that are registered in the National Register and all necessary identification data are systematically updated in the National Register, with the exception of any historical data relating to the period during which these persons were registered in the registers.
To the extent that natural persons referred to in paragraph 1^er do not have an identification number of the National Register, the Bank-Carrefour itself assigns an identification number when registering in the Bank-Carrefour registers.
§ 3. The Bank-Carrefour Management Committee determines, after consultation with the National Register, by category of natural persons and/or by category of identification data, the supporting documents on which identification data can be collected and modified in the Bank-Carrefour registers, as well as the Belgian social security institutions or public authorities, individuals and public or private bodies of Belgian law who are entitled to register or modify the databases Social security institutions, Belgian public authorities, natural persons and public or private bodies of Belgian law so designated are responsible for the consistency of the identification data concerned with the supporting documents. The data available to the Bank-Carrefour must meet the quality standards set by the Bank-Carrefour Management Committee for a univocal identification of the data subject.
§ 4. Without prejudice to section 15, have access to or obtain the communication of Bank-Carrefour register identification data:
1° social security institutions as long as they need these data for the application of social security;
2° the granting authorities referred to in Article 11bis as long as they need these data for the granting of an additional right referred to in Article 11bis;
3° the public authorities as long as they need the identification data for the execution of the missions granted to them by or under a law, decree or order;
4° natural persons or public or private bodies as long as they need identification data for the performance of the tasks of general interest entrusted to them by or under a law, decree or order;
5° persons who act as subcontractor of public authorities, natural persons and public or private bodies referred to in 1°, 2°, 3° and 4°.
§ 5. Any public authority, natural person and public or private body that has access to or obtains access to the Bank-Carrefour register identification data, in accordance with § 4, shall designate, among its staff members or not, an information security and privacy advisor who, in particular, performs the function of protection of the data referred to in article 17bis of the Personal Data Protection Act of 8 December 1992.
The identity of this advisor in the area of information security and protection of privacy is communicated to the social security section of the Sectoral Committee on Social Security and Health, unless it has already been communicated to the Privacy Commission or to a sectoral committee established within it pursuant to another provision established by or under a law, decree or order.
To the extent that a security advisor has already been appointed pursuant to section 24, the security advisor also acts as an adviser on information security and privacy.
§ 6. Any public authority, natural person or public or private organization that has access to or obtains access to the Bank-Carrefour register identification data, in accordance with § 4, shall be held:
1° to nominate the bodies or staff members who are authorized, by virtue of their competence, to obtain access to the identification data or to obtain the communication thereof and to inform them in accordance with Article 16, § 2, of the Act of 8 December 1992 on the protection of privacy with respect to personal data processing; a list of such bodies or officers shall be prepared;
2° to have a declaration signed to persons who are actually in charge of processing identification data, in which they undertake to preserve the confidential nature of identification data. "
Art. 39. In section 5 of the Act, replaced by the Act of 2 August 2002 and amended by the Act of 26 February 2003, the words "the sectoral social security committee" are replaced by the words "the social security section of the sectoral social security and health committee".
Art. 40. The following amendments are made to section 6 of the Act:
1° the current text will form § 1^er;
2° in § 1^erParagraph 1^er, the word "physical" is added between the words "by person" and ", data types";
3° it is added a § 2, written as follows:
Ҥ2. The directory of persons may also indicate, by a natural person, what types of social data of a personal nature are made available to which persons who need it for the execution of the missions granted to them by or under a law, decree or order or for the performance of the duties of general interest entrusted to them by or under a law, decree or order. "
Art. 41. In section 12, paragraph 2, of the Act, as amended by the Act of 26 February 2003, the words "the sectoral committee of social security" are replaced by the words "the social security section of the sectoral committee of social security and health".
Art. 42. Section 13 of the Act is replaced by the following provision:
“Art. 13. Without prejudice to the provisions of articles 15 and 46, paragraph 1^er, 1°, the Bank-Carrefour shall, on initiative or at their request, provide social data to persons who need it for the execution of the missions granted to them by or under a law, order or order or for the performance of the tasks of general interest entrusted to them by or under a law, decree or order. "
Art. 43. Section 14 of the Act, amended by the Acts of 2 August 2002 and 27 December 2004, is amended as follows:
1° the beginning of paragraph 1^er is replaced as follows:
“Art. 14. The communication of personal social data by or to social security institutions is done at the intervention of the Banque-Carrefour, unless it is a communication, respectively, to or by the following persons: "
2° to paragraph 1^er, 1°, 2° and 5°, the words "to receive them" are replaced each time by the words "to treat them";
3° to paragraph 1^er, 2°, the words "who need these data to fulfil their social security obligations" are replaced by the words "who shall process the data concerned with a view to fulfilling their social security obligations";
4° to paragraph 1^er2° bis is repealed;
5° to paragraph 1^er, the 3° is replaced by the following provision:
"3° the persons to whom subcontracting work is entrusted by the persons referred to in 2°, for the purpose of social security; »;
6° in paragraph 3, the words "paragraph 1^er, 1°, 2°, 2°bis and 5° are replaced by the words "paragraph 1^er1°, 2° and 5°";
7° Article 14 is supplemented by the following paragraph:
"On the proposal of the Bank-Carrefour, the Social Security Section of the Sectoral Committee on Social Security and Health may provide for an exemption from the intervention of the Bank-Carrefour referred to in paragraph 1^er, provided that this intervention cannot offer added value. "
Art. 44. Article 15 of the same law, amended by the laws of 2 August 2002 and 26 February 2003, the current text of which will form § 1^erthe following modifications are made:
1° the words "the Sectoral Social Security Committee" are replaced each time by the words "the Social Security Section of the Sectoral Social Security and Health Committee";
2° the article is supplemented by a § 2, written as follows:
“§2. By derogation from section 42, § 2, 3, of the Act of 13 December 2006 on various health provisions, the provision of personal health data within the meaning of the Act of 8 December 1992 on the protection of privacy with respect to personal data treatments, does not require an authorization in principle of the health section of the Sectoral Committee on Social Security and Health in the following cases:
1° if the communication relates to personal social data relating to health and is carried out by a social security institution to another social security institution for the fulfilment of the tasks imposed by or under the law, to a body of grant referred to in section 11bis for the granting of an additional right or to a person to whom all or part of the rights and obligations arising from this Act and
2° where a social security institution and another person communicate, respectively, personal health-related social data and personal health-related data within the meaning of the Act of 8 December 1992 on the protection of privacy with respect to personal data processing, to the same recipient and for the same purpose, in which case a joint authorization of principle of the two sections of the Sectoral Committee on Social Security and Health is required. "
Art. 45. Section 17bis of the Act, replaced by the Act of 24 December 2002 and amended by the Acts of 8 April 2003, 22 December 2003 and 27 December 2005 and the Royal Decree of 12 June 2006, are amended as follows:
1° in § 1^er, it is inserted a 1°bis, written as follows:
"1°bis public social action centres; »;
2° in § 1^er, it is inserted a 2°ter, written as follows:
"2°ter the mutual associations of proceedings referred to in 1°, 1°bis, 2° and/or 2°bis; »;
3° in § 2 the words “targeted by § 1^er, 1°, 3°, 4°, 5°, 6°, 7° or 8° are replaced by the words "targeted by § 1^er, 1°, 1°bis, 2°ter, 3°, 4°, 5°, 6°, 7° or 8°".
Art. 46. In Article 20, § 1^er, of the same law, replaced by the Act of 29 April 1996 and amended by the Act of 26 February 2003, the words "the sectoral committee of social security" are replaced by the words "the social security section of the sectoral committee of social security and health".
Art. 47. In section 24 of the Act, replaced by the Act of 6 August 1993 and amended by the Act of 26 February 2003, the following amendments are made:
1° in paragraph 1^erthe words "to the Sectoral Committee on Social Security" are replaced by the words "to the Social Security Section of the Sectoral Committee on Social Security and Health";
2° in paragraph 2, the words "of the Sectoral Committee on Social Security" are replaced by the words "of the Social Security Section of the Sectoral Committee on Social Security and Health".
Art. 48. In Article 26, § 1^er, paragraph 2, of the Act, amended by the Act of 26 February 2003, the words "to the Sectoral Committee on Social Security" are replaced by the words "to the Social Security Section of the Sectoral Committee on Social Security and Health".
Art. 49. In section 28 of the Act, amended by the Acts of 12 August 2000 and 26 February 2003, the words "the Sectoral Committee on Social Security" are replaced by the words "the Sectoral Committee on Social Security and Health".
Art. 50. In section 32 of the Act, amended by the Act of 26 February 2003, the words "the Sectoral Committee on Social Security" are replaced by the words "the Sectoral Committee on Social Security and Health".
Art. 51. The title of Chapter VI of the Act, replaced by the Act of 26 February 2006, is replaced by the following title: "Chapter VI. - Sectoral Committee on Social Security and Health".
Art. 52. Section 37 of the Act, replaced by the Act of 26 February 2003, is replaced by the following provision:
“Art. 37. § 1^er. It is established within the Privacy Commission, referred to in section 23 of the Act of 8 December 1992 on the protection of privacy with respect to personal data processing, a sectoral committee on social security and health.
The Sectoral Committee on Social Security and Health is composed of the following two sections:
1st Social Security Section;
2° the health section.
§ 2. By derogation from Article 31bis, § 2, paragraph 1^erof the above-mentioned Act of 8 December 1992, the Sectoral Committee on Social Security and Health is composed of:
1° of the Chairperson of the Commission or a member designated by the Commission among its members, responsible for the chairmanship of the two sections of the committee;
2° of a member designated by the Commission among its members, which is part of the two sections;
3° of an external member with the quality of a doctor or law degree, who is part of the social security section;
4° of an external member with the quality of an IT expert, which is part of the social security section;
5° of an external member with the medical quality, an expert in health data management, which is part of both sections;
6° of two external members of the health data management expert, who are part of the health section. »
Art. 53. In section 38 of the Act, replaced by the Act of 26 February 2003, the following amendments are made:
1° in paragraph 1^er, the words "Article 37, 3, 4, and 5°" are replaced by the words "Article 37, § 2, 3°, 4°, 5° and 6°";
2° in paragraph 2, the words "three alternate external members" are replaced by the words "five alternate external members";
Paragraph 4 is replaced by the following provision:
"The Privacy Commission shall designate the members referred to in Article 37, § 2, 1 and 2° and their respective alternates for the same term of six years renewable.
Without prejudice to Article 41, paragraph 2, the alternate member of the member referred to in Article 37, § 2, 1° shall replace the member pending replacement by the Privacy Commission.
The alternate member of the member referred to in Article 37, § 2, 2°, shall replace the member in the event of the member's incapacity or absence or pending replacement by the Privacy Commission. »
Art. 54. In section 39 of the Act, replaced by the Act of 26 February 2003, the following amendments are made:
1° the words "sectoral social security committee" are replaced by the words "sectoral social security and health committee";
2° § 1^er, 3°, is replaced by the following text:
"3° do not fall within the hierarchical power of a minister and be independent of the social security institutions, the organizations represented in the Bank-Carrefour Management Committee and, with respect to the members referred to in section 37, § 2, 5° and 6°, be independent of the Federal Public Service Public Health, Safety of the Food Chain and Environment, the Federal Centre for Health Care Expertise and the foundation referred to in section 45quine »;
3° § 2 is repealed.
Art. 55. In section 40 of the Act, replaced by the Act of 26 February 2003, the words "Sectoral Social Security Committee" are replaced by the words "Sectoral Social Security and Health Committee".
Art. 56. In section 41 of the Act, replaced by the Act of 26 February 2003, the following amendments are made:
1st paragraph 1^er is replaced by the following provision:
"Art. 41. The two sections of the Social Security Sector Committee are established and hold their meetings at the Banque-Carrefour, subject to the conditions described in section 31bis, § 5, paragraph 2, of the Protection of Privacy Act of 8 December 1992 with respect to personal data processing. »;
2° in paragraph 2, the words "Social Security Sector Committee" are replaced by the words "Social Security and Health Sector Committee";
3° in paragraph 2, the words "Article 37, 2°" are replaced by the words "Article 37, § 2, 2°".
Art. 57. Section 42 of the Act, replaced by the Act of 26 February 2003, is replaced by the following provision:
“Art. 42. § 1^er. In accordance with Article 31bis, § 3, of the Law of 8 December 1992 on the Protection of Privacy with respect to the processing of personal data, the Bank-Carrefour is responsible for drafting the technical and legal advice relating to any request concerning the communication of personal social data from which it has received a copy of the part of the social security section of the Sectoral Committee on Social Security and Health or on the part of the Commission
§ 2. In accordance with Article 31bis, § 3, of the above-mentioned Act of 8 December 1992, the Federal Centre for Health Care Expertise is, up to a date to be determined by the King, responsible for drafting the technical and legal advice relating to any application concerning the communication of personal health data within the meaning of the aforementioned Law of 8 December 1992, which he received a copy of the health section of the Sectoral Health Committee of Social Security
Derogation from paragraph 1^er, the foundation referred to in Article 45quinquies of Royal Decree No. 78 of 10 November 1967 relating to the exercise of the professions of health care, is responsible for drafting the technical and legal advice relating to any application concerning the treatment of personal data referred to in Article 45quinquies of Royal Decree No. 78 of 10 November 1967 relating to the exercise of the professions of health care, of which it has seized »
Art. 58. In section 43 of the Act, replaced by the Act of 26 February 2003, the following amendments are made:
1st paragraph 1^er is replaced by the following provision:
“Art. 43. The operating costs of the two sections of the Social Security and Health Sector Committee are covered by the Bank-Carrefour, with the exception of:
1° of the allowances and reimbursements for costs to its members, which are covered by the Privacy Commission;
2° the costs of drafting the technical and legal advice referred to in Article 42, § 2, paragraph 1^er, which are supported by the Federal Centre for Health Care Expertise;
3° of the costs of drafting the technical and legal advice referred to in Article 42, § 2, paragraph 2, which are borne by the foundation referred to in Article 45quinquies of Royal Decree No. 78 of 10 November 1967 concerning the exercise of the professions of health care. »;
2° in paragraphs 2 and 3, the words "Social Security Sector Committee" are replaced by the words "Social Security and Health Sector Committee".
Art. 59. An article 43bis, as follows, is inserted in the same law:
"Art. 43bis. The chair of the Social Security and Health Sector Committee regulates the activities of the committee and sections.
Unless otherwise provided by the law, the Social Security Section is competent for the examination of records relating to the processing, by social security institutions and persons to whom all or part of the rights and obligations resulting from this Act and its enforcement measures has been extended pursuant to Article 18, personal data processing within the meaning of the Act of 8 December 1992 relating to the protection of privacy in respect of the personal examinations referred to, as well as
Unless otherwise provided by law, the Health Section is competent for the examination of records relating to the processing of personal health data within the meaning of the Act of 8 December 1992 relating to the protection of privacy with respect to the processing of personal data, except with respect to the treatment of personal health data carried out by the social security institutions and persons to which all or part of the rights and obligations arising from this Act and
If a file falls within the competence of the two sections, it is examined during a joint meeting of the two sections.
The chair of the Sectoral Committee on Social Security and Health is responsible, in consultation with the members referred to in Article 37, § 2, 2 and 5°, for the coordination of the activities of the sections. They may decide that a file will be dealt with jointly by both sections. »
Art. 60. In section 44 of the Act, replaced by the Act of 26 February 2003, the following amendments are made:
1° the words "sectoral social security committee" are replaced each time by the words "sectoral social security and health committee";
2° in paragraph 1^er, the words "Article 37, 2°" are replaced by the words "Article 37, § 2, 2°".
Art. 61. In section 45 of the Act, replaced by the Act of 26 February 2003, the following amendments are made:
1° the words "sectoral social security committee" are replaced each time by the words "sectoral social security and health committee";
2° the article is supplemented by the following paragraph:
"The senior officials of the Federal Centre for Health Care Expertise and the foundation referred to in Article 45quinquies of Royal Decree No. 78 of 10 November 1967 relating to the exercise of the professions of health care may attend, with consultation, the sessions of the Health Section of the Sectoral Committee on Social Security and Health with respect to the processing of applications for which their institution has written a legal and technical opinion in accordance with §2. »
Art. 62. Article 46 of the Act, amended by the laws of 6 August 1993, 2 January 2001, 24 December 2002 and 26 February 2003, the current text of which will form § 1^erthe following modifications are made:
1° in § 1^erthe words "the Sectoral Social Security Committee" are replaced each time by the words "the Social Security Section of the Sectoral Social Security and Health Committee";
2° 6°ter and 6°quater are repealed;
3° the article is supplemented by a § 2, written as follows:
Ҥ2. The Health Section of the Sectoral Committee on Social Security and Health is responsible for authorizing the communication of personal health data within the meaning of the Act of 8 December 1992 on the protection of privacy with respect to personal data processing, provided that it is made mandatory under section 42 of the Act of 13 December 2006 on various provisions in respect of health or any other provision established by law. It maintains an updated record of the communications for which it has granted authorization.
It is also responsible for ensuring compliance with the provisions established by or under the Privacy Act with respect to personal health data treatments. To this end, it may make any recommendations that it deems useful and assist in solving any problems of principle or litigation. »
Art. 63. In sections 47 to 52 and 56 of the Act, all amended by the Act of 26 February 2003, the words "Sectoral Social Security Committee" are replaced by the words "Sectoral Social Security and Health Committee".
Art. 64. Section 61 of the Act, as amended by the Acts of 24 December 2002 and 26 February 2003, is amended as follows:
1° in 1°, the words "the Sectoral Committee on Social Security" are replaced by the words "the Social Security Section of the Sectoral Committee on Social Security and Health";
2° in 2°, the words "the Sectoral Committee on Social Security" are replaced by the words "the Sectoral Committee on Social Security and Health";
3° it is inserted a 2°bis, written as follows:
"2°bis persons, their agents or agents who communicate, in contract with the provisions of Article 15, § 2, personal health data within the meaning of the Act of 8 December 1992 on the protection of privacy with respect to personal data processing, without being authorized by the Sectoral Committee on Social Security and Health. »
Art. 65. In article 63, paragraph 1^erin the same Act, as amended by the Acts of 6 August 1990 and 26 February 2003, the words "Sectoral Social Security Committee" are replaced by the words "Sectoral Social Security and Health Committee".
CHAPTER II. - Amendment of Royal Decree No. 78 of 10 November 1967 on the Exercise of Health Care Professions
Art. 66. The following amendments are made to section 45quinquies of Royal Decree No. 78 of 10 November 1967 concerning the exercise of health care professions, inserted by the Act of 13 December 2006:
1° the words "the Commission for the Protection of Privacy" are replaced each time by the words "the health section of the Sectoral Committee for Social Security and Health referred to in section 37 of the Act of January 15, 1990 on the institution and organization of a Social Security Bank";
2° in § 4, the words "to the Sectoral Committee for Health Data" are replaced by the words "to the Health Section of the Sectoral Committee for Social Security and Health referred to in Article 37 of the Law of January 15, 1990 on the institution and organization of a Bank-Carrefour for Social Security".
CHAPTER III. - Amendment of the Act of 29 April 1996
of social provisions
Art. 67. In section 156, § 4, of the Act of 29 April 1996 on social provisions, replaced by the Act of 24 December 2002 and amended by the Act of 13 December 2006, the following amendments are made:
1° the words "of the Oversight Committee" are replaced by the words "of the Health Section of the Sectoral Committee on Social Security and Health";
2° the words "and the Supervisory Committee referred to in the above paragraph" are replaced by the words "and the health section of the Sectoral Committee on Social Security and Health referred to in the above paragraph".
CHAPTER IV. - Amendment of the Act of 13 December 2006
various health provisions
Art. 68. The title of Chapter VII of Part II of the Act of 13 December 2006 on various health provisions is replaced by the following title: "Chapter VII. - Sectoral Committee on Social Security and Health".
Art. 69. Section 41 of the Act is repealed.
Art. 70. The following amendments are made to section 42 of the Act:
1° § 1^er is repealed;
2° in § 2, the words "the Sectoral Committee" are replaced by the words "the Health Section of the Sectoral Committee on Social Security and Health referred to in Article 37 of the Law of 15 January 1990 on the institution and organization of a Social Security Bank-Carrefour";
3° § 2 is completed as follows:
"3° grant an authorization of principle for any communication of personal health data within the meaning of the Act of 8 December 1992 on the protection of privacy with respect to personal data processing, except in the following cases:
- if the communication is carried out between health care professionals who are held in professional secrecy and who are in person involved in the conduct of diagnostic, prevention or care services to the patient;
- if the communication is authorized by or under a law, order or order, after notice of the Privacy Commission;
- in the cases provided for in Article 15, § 2, of the Law of 15 January 1990 on the institution and organization of a Social Security Bank-Carrefour, provided that the Social Security Section of the Social Security and Health Sector Committee is competent;
- in cases determined by the King, by order deliberately in the Council of Ministers, after the advice of the Commission on the Protection of Privacy. »;
4° §§ 3, 4, 5, 6 and 7 are repealed.
Art. 71. The King shall determine the date and terms of entry into force of Article 70, 3°.
Art. 72. Pending the institution of the Sectoral Committee on Social Security and Health and the appointment of its members, the missions assigned to the previously existing Sectoral Committee on Social Security, as established prior to the coming into force of this Act, continue to be carried out by the same Sectoral Committee on Social Security.
In anticipation of the institution of the Sectoral Committee on Social Security and Health and the appointment of its members, the missions of the Health Section of the Sectoral Committee on Social Security and Health that were not previously assigned to the Sectoral Committee on Social Security are carried out by the Commission on the Protection of Privacy.
CHAPTER V. - Amendment to the Compulsory Health Care and Compensation Insurance Act, coordinated on 14 July 1994
Art. 73. In sections 9bis and 206 of the Compulsory Health Care and Compensation Insurance Act, coordinated on July 14, 1994, and in sections 279, 285 and 296 of the Program Act of December 24, 2002, the words "Council Supervisory Committee of the Bank-Carrefour de la sécurité sociale", the words "survey committee referred to in section 37" and the words "Social Security Sector Committee" are replaced by the words
CHAPTER VI. - Amendment to section 163, paragraph 3, of the Program Law (I) of 27 December 2006
Art. 74. In section 163, paragraph 3, of the Programme Act (I) of 27 December 2006, the words "Sectoral Social Security Committee" are replaced by the words "Sectoral Social Security and Health Committee".
CHAPTER VII. - Amendment of section 94 of the Act on Miscellaneous Provisions (I) of 27 December 2006
Art. 75. Section 94 of the Act of 27 December 2006 on various provisions (I), is replaced by the following provision:
"Art. 94. This section comes into force on 1^er March 2007.
Derogation from paragraph 1^er, section 41quater of the aforementioned Act of 27 June 1969, as replaced by this Act, comes into force on 1^er March 2007 in the head of notaries and persons authorized to give authentication to acts of alienation and mortgage assignment, with respect to the obligation to notify and inform the National Office of Social Security, with respect to the acts that will be passed on April 16, 2007 and on a date and manner to be determined by the King with respect to the obligation to notify and inform the National Office
Derogation from paragraph 1^er, section 41quater of the aforementioned Act of 27 June 1969, as replaced by this Act, comes into force on 1^er March 2007 in the head of public officials or ministerial officers responsible for the sale of movable property or for the distribution by contribution of the seized money orders with respect to the obligation to notify the National Office of Social Security and on a date and manner to be determined by the King with respect to the obligation to notify the National Office of Social Security of the provincial and local administrations and the Caisse de Sevoyance et de Prés. "
PART VII. - Social affairs
CHAPTER I^er. - Financial management of social security
Art. 76. The King shall determine, by order deliberately in the Council of Ministers, the terms of distribution between the overall financial management of social security referred to in Article 5, 2°, of the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers and the overall financial management of the social status of independent workers, referred to in Article 2, paragraph 1^erof the Royal Decree of 18 November 1996 concerning the introduction of comprehensive financial management in the social status of independent workers, pursuant to Chapter I^er Title VI of the Act of 26 July 1996 on the Modernization of Social Security and Ensuring the Sustainability of Pension Plans, the Financial Charge for Formal Adaptations in Pension Plans for Employees and Independent Workers based on articles 5 to 6 and 72 to 73 of the Act of 23 December 2005 on the solidarity pact between generations.
CHAPTER II. - Social documents
Art. 77. Article 4, § 3, of Royal Decree No. 5 of 23 October 1978 concerning the holding of social documents, repealed by the law of 24 January 2003, is reinstated in the following wording:
Ҥ3. It is also considered as a social document whose holding is prescribed by this Order, the register of measurement of working time that must be held in the branches of activity or classes of enterprises determined by the King by deliberate decree in the Council of Ministers.
The King also determines, by deliberate decree in the Council of Ministers, the persons who are required to keep a record of working time and the workers who must be mentioned therein. "
Art. 78. Article 11, § 3, paragraph 1^er, a), of the same order, replaced by the law of 23 March 1994 and amended by the law of 24 January 2003, the words "Article 4, § 1^er, 1, and § 2 are replaced by the words "Article 4, § 1^er§ 2 and § 3”.
Art. 79. Article 1^erbis, § 1^er, 5°, of the Act of 30 June 1971 on administrative fines applicable in cases of violation of certain social laws, replaced by the Act of 23 March 1994 and amended by the Act of 24 January 2003 and the Programme Law (I) of 27 December 2006, are amended as follows:
1° in A), d), the words "article 4, § 1^er, 1, and § 2 are replaced by the words "Article 4, § 1^er§ 2 and § 3
2° in B), a), the words "Article 4, § 1^er,1, and § 2 are replaced by the words "Article 4, § 1^er§ 2 and § 3”.
PART VIII. - Employment
CHAPTER I^er. - Activities cooperative
Art. 80. For the purposes of this chapter:
1° cooperative of activities: the social purpose society that meets the conditions set out in this chapter;
2° the candidate-entrepreneur: the person who, in order to achieve his subsequent installation as an entrepreneur, has entered into an agreement with an activity cooperative, as defined in this chapter.
Art. 81. § 1^er. A cooperative of activities is mainly part of the occupation and insertion of the unemployed who are difficult to place and other risk groups for the purpose, then, of their start-up in professional life. By a deliberate decree in the Council of Ministers, the King defines this target group and determines how the activity cooperative must meet this objective.
§ 2. An activity cooperative must have the statutory purpose of advising candidates-entrepreneurs, accompanying them, coaching them and supporting them in the exercise of their activities in order to settle later as an entrepreneur.
§ 3. The activity cooperative must be recognized as an activity cooperative by the competent Minister(s) of the Region in the territory of which the head office of the activity cooperative is installed.
§ 4. The activity cooperative must maintain a monthly accounting by candidate-entrepreneur.
Art. 82. § 1^er. The agreement must be recorded in writing for each individual contractor candidate, at the latest at the time the contractor is to commence the performance of the agreement.
§ 2. The purpose of this agreement is to support, mentoring and coaching related to the activities of the applicant-entrepreneur for his or her installation as an entrepreneur.
§ 3. The total duration of this agreement or any subsequent agreements concluded either with the same or with one or more other activity cooperatives may not exceed eighteen uninterrupted months or not in the head of the candidate-entrepreneur.
§ 4. The agreement may be unilaterally broken at any time by one of the parties on a notice of at least seven days taking place the day after the notification.
Art. 83. The King sets out, by a deliberate decree in the Council of Ministers, the conditions and conditions under which candidates-entrepreneurs retain their right to unemployment benefits, integration income or social assistance during the term of the convention.
The King determines, by a deliberate order in the Council of Ministers, to what extent the allowance that is allocated by the activity cooperative may be accumulated with the right to an allowance as referred to in paragraph 1^er.
Art. 84. § 1. The document referred to in section 82 must contain at least the following:
1° with respect to the applicant-entrepreneur: the name, first name and domicile;
2° with respect to the activity cooperative: the name and location of the company's head office;
3° the object as mentioned in Article 82, § 2;
4° the dates of the beginning and end of the convention;
5° access times to the premises of the activity cooperative;
6° the method of calculating the allowance paid by the activity cooperative to the applicant-entrepreneur;
7° how it can be terminated;
8° the support and coaching activities that the applicant-entrepreneur must follow.
§ 2. The King may determine what additional references should be included in the convention.
Art. 85. The Act of 3 July 1978 on employment contracts is not applicable to the agreements between the activity cooperative and the candidate-entrepreneur, except section 18.
Art. 86. The King shall, by a deliberate decree in the Council of Ministers, establish the date of entry into force of this chapter. This chapter is not applicable to conventions that were entered into before the effective date. The duration of the agreements entered into prior to the date of entry into force cannot be more than eighteen months.
CHAPTER II. - Adoption leave
Art. 87. Article 30ter, § 1^er, paragraph 2, of the Act of 3 July 1978 on labour contracts, inserted by the Act of 9 July 2004, is replaced by the following provision:
"In order to be able to exercise the right to adoption leave, this leave must take place within two months of the effective reception of the child in the worker's family as part of an adoption. The King determines the way in which the worker can demonstrate the reception of a child in his family as part of an adoption. "
Art. 88. Article 30ter, § 1^er, the Act is supplemented by the following paragraph:
"In the event of the simultaneous reception of several children in the worker's family in adoptions, the right to adoption leave is granted once. The King specifies what to hear by simultaneous reception. "
Art. 89. Article 25sexies, § 1^erParagraph 2 of the Act of 1^er April 1936 on contracts for service of inland navigation vessels, inserted by the law of 9 July 2004, is replaced by the following provision:
"In order to be able to exercise the right to adoption leave, this leave must take place within two months of the effective reception of the child in the worker's family as part of an adoption. The King determines the way in which the worker can demonstrate the reception of a child in his family as part of an adoption. "
Art. 90. Article 25sexies, § 1^er, the Act is supplemented by the following paragraph:
"In the event of the simultaneous reception of several children in the worker's family in adoptions, the right to adoption leave is granted once. The King specifies what to hear by simultaneous reception. "
Art. 91. This chapter comes into force on a date to be determined by the King.
PART IX. - Public health
CHAPTER I^er. - Amendment of Royal Decree No. 78 of 10 November 1967 on the Exercise of Health Care Professions
Section 1^re. - Amendment of Royal Decree No. 78 of 10 November 1967 concerning the exercise of health care professions (wives)
Art. 92. Article 21noviesdecies, § 1^er, Royal Decree No. 78 of 10 November 1967 concerning the exercise of health care professions, introduced by the law of 13 December 2006, is replaced by the following provision:
« § 1^er. Accreditation as holder or holder of the professional title of midwife shall be granted ex officio to the holder of a higher education degree of birth, issued by a school recognized by the competent authority, or a diploma declared equivalent by the competent authority. The minimum duration of the training is fixed by the King, by order deliberately in the Council of Ministers. "
Art. 93. Section 29 of the Act of 13 December 2006 on various health provisions is repealed.
Section 2. - Pharmaceutical officers
Art. 94. In article 4, § 3, 3, paragraph 2, second sentence, of Royal Decree No. 78 of 10 November 1967 relating to the exercise of health care professions, as amended by the laws of 17 December 1973, 13 December 1976, 14 May 1985, 26 June 1992, 22 February 1998, 16 April 1998, 17 November 1998, 25 January 1999, 13 May 1999, 2 August 2002, 22 December 2003, 9 July 2004 and 1^er May 2006, the words "by the Commissions d'implantation" are replaced by the words "by the secretariat of the Commissions d'implantation".
Art. 95. The provisions of Article 6, paragraph 3, of the Law of 1^er May 2006 amending Royal Decree No. 78 of November 10, 1967 concerning the exercise of health care professions, is applicable to section 94 of this Act.
CHAPTER II. - Amendment of the Hospitals Act, coordinated on 7 August 1987
Art. 96. Article 107, § 1^erParagraph 1^erof the Hospitals Act, coordinated on 7 August 1987, replaced by the Act of 14 January 2002 and amended by the Act of 27 April 2005, is supplemented by a point (e), as follows:
"(e) to communicate to the patient the information provided for in section 91 and the enforcement orders thereof. "
CHAPTER III. - Amendment of Royal Decree No. 79 of 10 November 1967 concerning the Order of Physicians and Royal Decree No. 80 of 10 November 1967 concerning the Order of Pharmacists
Art. 97. In article 21 of Royal Decree No. 79 of 10 November 1967 concerning the Order of Physicians, the words "either from the assailant of the Provincial Council" are deleted.
Art. 98. In Article 25, § 1^er, from the same royal decree, the words "or by the assailant of the provincial council" are deleted.
Art. 99. In article 21 of Royal Decree No. 80 of 10 November 1967 concerning the Order of Pharmacists, the words "either from the assailant of the Provincial Council" are deleted.
Art. 100. In Article 25, § 1^er, from the same royal decree, the words "or by the assailant of the provincial council" are deleted.
CHAPTER IV. - Amendments to the Compulsory Health Care and Compensation Insurance Act, coordinated on 14 July 1994
Art. 101. Section 196, § 2, of the Compulsory Health Care and Compensation Insurance Act, coordinated on July 14, 1994, amended by the laws of January 25, 1999 and December 22, 2003, is supplemented by the following paragraph:
"From the year 2004, only the General Council can, for the closing of the accounts, adapt the value of the parameters referred to in the first paragraph, as well as adjust the reference years for these parameters. "
Art. 102. Section 50 of the Act, as amended by the Acts of 21 December 1994, 20 December 1995, 10 December 1997, 22 August 2002 and 24 December 2002, is amended as follows:
1° in § 2, paragraph 3, the words "and the national dento-mutualist commission are presided over" are replaced by the words "is presided over";
2° it is inserted a § 3bis, written as follows:
“§3bis. Without prejudice to the provision of § 3, last paragraph, the rates that arise from the nomenclature are the maximum fees that may be required for the benefits provided in the course of consultations in the hospital if, prior to that, the recipient has not been expressly informed by the hospital institution on whether or not the agreements of the care provider at the time the care is provided. "
Art. 103. Section 166 of the Act, as amended by the Act of 26 June 2000, is amended as follows:
1st paragraph 1^er is replaced as follows:
"The Executive Officer of the Administrative Control Service shall apply to insurers and fine pricing boards of EUR 25 to 250, in the event of a breach of the provisions of the coordinated law, its orders and its enforcement regulations. »;
2° in the third paragraph, the words "the Committee" are replaced by the words "the officer";
3° a fourth paragraph, to read:
"The King determines the offences for which administrative sanctions can be applied. It also determines the amount of sanctions and how sanctions are imposed. "
CHAPTER V. - Animals, plants and food
Section 1^re. - Amendment of the Royal Decree of 22 February 2001 organizing the controls carried out by the Federal Agency for the Safety of the Food Chain and amending various legal provisions
Art. 104. Article 3 of the Royal Decree of 22 February 2001 organizing the inspections carried out by the Federal Agency for the Safety of the Food Chain and amending various legal provisions, as amended by the laws of 28 March 2003 and 22 December 2003, is supplemented by § 7, which reads as follows:
“§ 7. Objection to visits, controls, seizures, taking samples or requests for information or documents by persons referred to in § 1^er, or the provision of knowingly inaccurate information or documents, is punishable by imprisonment from eight days to three months and a fine of one hundred to one thousand euros or one of these penalties only. "
Section 2. - Amendment to the Act of 28 March 1975 on the Trade in Products of Agriculture, Horticulture and Maritime Fisheries
Art. 105. In sections 3, 4, 5 and 9 of the Act of 28 March 1975 on the trade of products of agriculture, horticulture and marine fisheries, the words "the Minister of Agriculture" and "the Minister who has agriculture in his duties" are replaced by "the Minister who has public health in his duties".
Art. 106. Article 1^er of the Act, amended by the Act of 5 February 1999, is supplemented as follows:
“3. by-products animals: by-products animals not intended for human consumption as defined by Council and European Parliament Regulation EC 1774/2002 of 3 October 2002 establishing sanitary rules applicable to animal by-products not intended for human consumption and more specifically by-products intended for technical purposes, by-products intended for diagnostic, research and education purposes, unprocessed by-products intended to enter into the by-products "
Art. 107. Section 5 of the Act, amended by the Act of 5 February 1999 and by the Royal Decree of 22 February 2001, are amended as follows:
1° in paragraph 1^erThe words "the officials and agents of the Ministry of Average Classes and Agriculture, appointed by the Minister who has Agriculture in his or her powers, the accredited doctors-veterinarians appointed by the Minister, the staff of the Office of Intervention and Restitution of Belgium, the officers of the Administration of Customs and Acises, the inspectors and controllers of the General Inspectorate of Food
2° Paragraph 2 is supplemented as follows:
"Federal Public Service staff Public Health, Food and Environment Safety are sworn in, prior to the performance of their duties, in the hands of the Minister for Public Health in his or her duties or delegate. "
Section 3. - Amendment of the Health of Animals Act of 24 March 1987
Art. 108. Article 1^er of the Act of 24 March 1987 on the Health of Animals, amended by the Royal Decree of 22 February 2001 and by the Act of 20 July 2006, is supplemented as follows:
“12. by-products animals: by-products animals not intended for human consumption as defined by Council and European Parliament Regulation EC 1774/2002 of 3 October 2002 establishing the sanitary rules applicable to animal by-products not intended for human consumption and more specifically by-products intended for technical use, by-products intended for diagnostic, research and education purposes, unprocessed by-products intended to enter into the by-products "
Art. 109. In section 13 of the Act, the following amendments are made:
1° to § 1^er, the words "and animal by-products" are inserted after the words "of the material to be treated";
2° to § 2, the words "and by-products animals" are inserted between the words "of matter to be treated" and the words "must satisfy".
Art. 110. The following amendments are made to section 15 of the Act:
1° in point 1°, the words "animal by-products" are inserted between the words "animal products" and the words "plants";
2° in point 2°, the words "animal by-products" are inserted between the words "animal products" and the words "plants".
Art. 111. In section 18bis of the same law, inserted by the law of December 29, 1990, the words "and animal by-products" are inserted between the words "animal products" and the words "must satisfy".
Art. 112. In section 19 of the Act, the words "and animal by-products" are inserted between the words "animal products" and the words "for export".
Art. 113. In section 20 of the Act, amended by the Act of 5 February 1999, the Royal Decree of 22 February 2001 and the Act of 20 July 2006, the following paragraph shall be inserted between paragraphs 1^er and 2:
"Federal Public Service staff shall be sworn, prior to the performance of their duties, in the hands of the Minister or his delegate. »
Section 4. - Amendment of the Act of 11 July 1969 on pesticides and raw materials for agriculture, horticulture, forestry and livestock
Art. 114. The title of the Act of 11 July 1969 on pesticides and raw materials for agriculture, horticulture, forestry and livestock is replaced by the following title:
"Raw Materials Act for Agriculture, Horticulture, Forestry and Livestocking."
Art. 115. Article 1^er, 2°, of the same law is repealed.
Art. 116. In section 2 of the Act, as amended by the Acts of 21 December 1998 and 5 February 1999, the following amendments are made:
1° in § 1^er7°, paragraphs 2 and 3 are repealed;
2° in § 1^er, 4°, the words "Minister of Agriculture" are replaced each time by the words "Minister who has Public Health in his duties";
3° § 1^er, 7°, is replaced by the following provision:
"7° subordinating the substances referred to in Article 1^er, to an approval or prior authorization of the Minister who has the Public Health in his or her powers and to establish the conditions for the granting, modification and withdrawal of such approval or authorization. »;
4° in § 3, the words "Minister of Agriculture" are replaced by the words "Minister who has the Public Health in his powers".
Art. 117. Article 6, paragraph 1^erthe same law, as amended by the Act of 5 February 1999, is replaced by the following provision:
“Art. 6. Without prejudice to the powers of judicial police officers, breaches of the provisions of this Act and its enforcement orders are sought and found by public prosecutors, local and federal police personnel, and, as the case may be, by officials and officers of the Federal Public Service Public Health, Safety of the Food and Environment Chain, designated by the Minister who has Public Health in his or her duties, the officers of the Public Administration "
Art. 118. Article 8, § 1^erthe same Act, as amended by the Acts of 5 February 1999 and 22 December 2003, are amended as follows:
1° in point 2°, the words "or pesticide" are deleted;
2° in point 3°, the words "or pesticide" are deleted;
3° in point 4°, the words "or pesticide" and "or pesticides" are deleted and the word "targeted" is replaced by the word "targeted";
4° in point 5°, the words "or a pesticide" are deleted;
5° in point 6°, the words "or pesticide" and the words "or pesticide" are deleted;
6° in point 7°, the words "or pesticide" are deleted;
7° in point 8°, the words "or a pesticide" are deleted.
Art. 119. In section 10 of the Act, replaced by the Act of 5 February 1999 and amended by the Royal Decree of 22 February 2001, § 9 is replaced by the following provision:
Ҥ 9. The King determines the procedural rules for administrative fines. Administrative fines are paid to the Federal Public Service's Raw Materials and Products Budget Fund Public Health, Food Chain Safety and Environment. "
Art. 120. In section 11 of the Act, amended by the Royal Decree of February 22, 2001, the words "and pesticides", the words "or pesticides" and the words "or pesticides" are deleted.
Art. 121. In section 13 of the Act, the words "or pesticide" and the words "or pesticide" are deleted.
Section 5. - Amendments to the Consumer Health Protection Act of 24 January 1977 concerning food and other products
Art. 122. Article 6, § 1^erthe Act of 24 January 1977 on the Protection of Consumer Health in respect of food and other products, as amended by the Acts of 22 March 1989 and 27 December 2004, is supplemented as follows:
"(e) apply the measures referred to in Article 3, 3, (a) and (b), cosmetics and their ingredients. "
Art. 123. In section 22, of the Act, as amended by the Acts of March 22, 1989 and December 22, 2003, are amended as follows:
1° in § 1^er, the words "an advisory committee on foodstuffs" are replaced by the words "an advisory council on food policy and the use of other consumer products";
2° in § 2, the words "This commission" are replaced by the words "This Council";
3° in § 3, the words "of the Consultative Commission on Foodstuffs" are replaced by the words "of the Advisory Council on Food Policy and Use of Other Consumer Products".
Section 6. - Amendment of the Act of 19 December 1950
creating the College of Veterinary Physicians
Art. 124. Section 8 of the Act of 19 December 1950 establishing the Order of Veterinary Physicians is replaced by the following provision:
“Art. 8. The members of the regional councils, effective and alternate, are elected for six years from the veterinarians registered for at least five years to the College's table.
Regional councils are renewed by half every three years.
The effective members of the regional councils are not immediately eligible for re-election. "
Art. 125. Section 10 of the Act is replaced by the following provision:
“Art. 10. The College's regional council shall elect a president, vice-president and secretary in his office.
Each regional council and office of the regional council shall be assisted by a magistrate of the seat of the judicial order, appointed by the King and having an advisory voice.
The King also appoints, under the same conditions, an alternate assessor. "
Art. 126. In section 12 of the Act, as amended by the Acts of 20 January 1961 and 15 July 1970, the following amendments are made:
1st paragraph 1^er is replaced by the following provision:
“Art. 12. The Dutch Joint Appeals Board and the French Joint Appeals Board are each composed of three advisers to the Court of Appeal appointed by the King and having a deliberative vote, one of them acting as president, and three veterinarians elected for a three-year term among the members who have served at least six years as members in the regional councils of which they are no longer members. »;
2° the following paragraph is inserted between paragraphs 1^er and 2:
"If the required number of actual or alternate veterinarians cannot be reached in the event of an insufficient number of electives or in the event of absence or incapacity, the Joint Appeals Board shall be supplemented by an order of its president or substitute by the (the) member(s) that is the oldest member(s) of the Regional Council that has not known the dispute, in the order of an old seat, and "
Art. 127. Article 17, paragraph 1^erthe same law shall be replaced by the following provision:
"The President of the College's Superior Council and the parties may appeal all decisions of the Board within thirty days of notification of the Board by registered letter. "
Art. 128. The King shall, after consultation with the Order of Veterinary Physicians and Veterinary Unions, establish the date of entry into force of sections 124, 125 and 126.
TITRE X. - Finance
CHAPTER I^er. - Amendment of legislation
Income Tax
Art. 129. In section 27, paragraph 2, 5, of the Income Tax Code 1992, replaced by the Act of 7 March 2002, the word "Council" is replaced by the words "Community and Region Parliaments".
Art. 130. In article 52bis, 1°, of the same Code, inserted by the law of 8 April 2003, the words "the executive" are replaced by the words "the government".
Art. 131. In section 53, 17°, of the same Code, replaced by the Act of 7 March 2002, the word "Councils" is replaced by the words "Community and Region Parliaments".
Art. 132. In article 64bis, paragraph 3, of the same Code, inserted by the Act of 22 July 1993, the words "regional executive" and "executive" are replaced respectively by the words "regional government" and "regional government".
Art. 133. Article 113, § 1^er, 3°, a), of the same Code, replaced by the Act of 6 July 2004, the words "the Executive" are replaced by the words "the Government".
CHAPTER II. - Amendment of the Tax Code
assimilated to income taxes
Art. 134. In section 91 of the Tax Code assimilated to Income Tax, the words "of section 1^er of the Act of 24 October 1902 concerning the game, supplemented by the Act of 19 April 1963 and by Article 1^er of the law of November 22, 1974" are replaced by the words "articles 4, 7 and 8 of the law of May 7, 1999 on games of chance, games of chance and the protection of players".
Art. 135. Section 134 produces its effects on 30 December 2000.
CHAPTER III. - Amendment to the Value Added Tax Code
Art. 136. Article 42, § 1^erParagraph 1^er, 4°, of the Value Added Tax Code, replaced by the Act of 28 December 1992, the words "designated to subheading 89.01 A of the Entry Tariff" are replaced by the words "covered by the Code NC 8906 10 00 of the Nomenclature Combined with the Common Tariff of the European Communities".
Art. 137. Article 55, § 1^erParagraph 1^er, of the same Code, replaced by the law of 7 March 2002 and amended by the law of 22 April 2003, the words "and 5°" are replaced by the words ", 5° and 6°".
Art. 138. Article 93quaterdecies, § 1^er, paragraph 2, of the same Code, replaced by the Act of 28 December 1992, the words "government or executives, on their proposal or on their approval" are replaced by the words "federal government or a government of community or region, on its proposal or on its approval".
PART XI. - Inside
CHAPTER I^er. - Amendment of the Act of 10 April 1990 regulating private and special security
Art. 139. In section 5 of the Act of 10 April 1990 regulating private and special security, as amended by the Acts of 18 July 1997, 9 June 1999 and 7 May 2004, the following amendments are made:
1° to paragraph 1^er, 1°, the words "with the exception of convictions for violation of traffic regulations" are inserted between the words "even suspended" and the words "any correctional or criminal penalty";
2° paragraph 1^er is completed as follows:
"9° do not operate simultaneously for a company or service that offers services referred to in Article 1^er§ 1^erParagraph 1^er3°, and for a company or service that performs activities for cafes or places where you dance;
10° do not operate simultaneously for a security service and for a company or service that performs activities for cafes or dance places;
11° do not simultaneously ensure the effective direction of a coffee or a place where you dance and a company that offers services referred to in Article 1^er§ 1^erParagraph 1^erFive. »
Art. 140. Section 6 of the Act, as amended by the Acts of 18 July 1997, 9 June 1999 and 7 May 2004, is amended as follows:
1° to paragraph 1^er, 1°, the words "to a prison sentence of at least three months of the head of voluntary assaults" are deleted; the words "in section 227 of the Criminal Code" are inserted between the words "in sections 379 to 386ter of the Criminal Code," and the words "in section 259bis of the Criminal Code"; the words "voluntary beatings and injuries" are inserted between the words "fals in writings" and the words "stabbing attacks"; the words "with the exception of convictions for violation of traffic regulations" are inserted between the words "even suspended" and the words "any correctional or criminal penalty";
2° paragraph 1^er is completed as follows:
"9° do not operate simultaneously for a company or service that offers services referred to in Article 1^er§ 1^erParagraph 1^er3°, and for a company or service that performs activities for cafes or places where you dance;
10° do not operate simultaneously for a security service and for a company or service that performs activities for cafes or places where you dance. "
CHAPTER II. - Establishment of regulations relating to the registration and control of travellers residing in a tourist accommodation service
Art. 141. For the purposes of this chapter and its enforcement orders, the following means:
1° tourist accommodation service: all buildings or places where people, for tourist or professional reasons, reside temporarily without being registered in the registers of the population;
2° traveler: any major person and any unaccompanied minor aged over 15 who, for any reason, stays in a tourist accommodation service;
3° hosting provider: any professional operator of a tourist accommodation service.
Art. 142. Any traveller must be registered by the accommodation provider or by its attendant. This recording must be made on the day the traveller arrives.
The following data shall be recorded:
1° the company number of the hosting provider;
2° a unique and continuous order number;
3° the date of arrival;
4° the traveller's identification data:
(a) name and name;
(b) place and date of birth;
(c) nationality;
(d) the number of the identity document submitted or the possible replacement document.
For travellers with an identity card issued or provided by the Belgian authorities, the following information must be indicated: either the information referred to in (a) and the identification number of the National Registry, or the information referred to in (a), (b) and (d));
5° the name and first name of children under age accompanying the major traveller.
Within 24 hours after the departure of the traveller, the check-in must be completed by the departure date.
Art. 143. The hosting provider or its attendant verifies the accuracy of the information provided and submits to this effect identity documents or replacement documents by the traveller. The traveller is obliged to present these pieces.
Art. 144. If the request is made, the hosting provider or its attendant shall make the recorded data available to the police so that the control is possible.
Art. 145. The other rules of registration and the provision of data to the police are determined by the King.
Art. 146. § 1^er. The violation of section 143, as well as royal decrees pursuant to section 145, is punishable by imprisonment for eight days to three months and a fine of 26 to 200 euros, or only one of these penalties.
§ 2. The violation of Article 144 is punishable by a fine of 26 to 100 euros.
§ 3. The hosting service provider is civilly responsible for the fine imposed, in accordance with this section, on the wrongs of its attendant.
§ 4. All provisions of Book I^er the Criminal Code, including Chapter VII and Article 85, shall apply to offences provided for in this chapter or by the decrees taken for its execution.
Art. 147. The law of 17 December 1963 organizing the control of travellers in accommodation houses is repealed.
CHAPTER III. - Changes in certain aspects of the status of staff in the administrative and logistical framework of police services
Art. 148. In section 53bis of the Police Function Act of 5 August 1992, the words "Assistant Police Officers" are replaced by the words "Police Officers and Administrative and Logistics Officers".
Art. 149. Article 7, § 1^erthe Act of 10 April 1995 on the redistribution of work in the public sector, as amended by the Acts of 20 May 1997 and 22 March 1999, is supplemented by the following paragraph:
"By derogation from paragraph 1^er, members of the administrative and logistical framework of the police services that are employed in the territory of the Brussels-Capital Region may, at their request, distribute the services they perform within the framework of the voluntary week of four days on five working days a week. "
Art. 150. In article 13, paragraph 2, of the Act of 13 May 1999 concerning the disciplinary status of police personnel, the words "or its class" are inserted between the words "of its rank" and the words "at the time".
Art. 151. Section 2 of the Act of 26 April 2002 on the essential elements of the status of police personnel and other provisions relating to police services is supplemented as follows:
15° "certified training": the training which aims to update and develop the skills of staff of the administrative and logistic framework and which concludes with the validation of the knowledge acquired during this training;
16° "class": grouping of functions of comparable level of supervision or contribution to the organization. "
Art. 152. In section 8 of the Act, the words "Subject to the application of section 9, each" are replaced by the word "Everyone".
Art. 153. Sections 9 and 10 of the Act are repealed.
Art. 154. The King sets the transitional rules with respect to personnel appointed before 1^er January 2007 in the rank of Head of Work and Team Leader.
Art. 155. The title of Chapter VI of Part II of the Act is replaced by the following title:
“Chapter VI. - The baremic career, promotion by attaining a rank or a higher class and promotion by attaining a framework or a higher level".
Art. 156. Section 29, paragraph 2, of the Act is supplemented as follows: "or one class".
Art. 157. Section 30, 3°, of the same Act, is supplemented as follows: "or certified training".
Art. 158. In section 31 of the Act, the words "or, as the case may be, the staff member at level A" are deleted.
Art. 159. The title of Section 3 of Chapter VI of Part II of the Act is replaced by the following title:
“Section 3. - Promotion by accession to a higher grade or class."
Art. 160. The title of subsection 2 of Section 3 of Chapter VI of Part II of the Act is replaced by the following title:
"Subsection 2. - Promotion by accession to a higher level of staff of the Administrative and Logistics Framework A".
Art. 161. Section 34 of the Act is replaced by the following provision:
“Art. 34. To be promoted by a higher class, the staff member shall:
1st have an old age determined by the King;
2° be designated in a vacant job of the class envisaged in accordance with the rules of mobility or procedure for designation to a term. "
Art. 162. Sections 35 and 36 of the Act are repealed.
Art. 163. Article 93, § 2, paragraph 1^er, from the same law, the words "of the operational framework" are deleted.
Art. 164. In Article XII.VII.7 of the Royal Decree of 30 March 2001 on the legal position of police personnel, confirmed by the Program Law of 30 December 2001 and amended by the Act of 16 March 2006, the words "Twelve months" are replaced by the words "eight months".
Art. 165. This chapter produces its effects on 1^er January 2007 with the exception of section 164 which produces its effects on 1^er April 2005.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 1^er March 2007.
ALBERT
By the King:
The Prime Minister,
G. VERHOFSTADT
The Minister of Justice,
Ms. L. ONKELINX
Minister of Finance,
D. REYNDERS
Minister of Consumer Protection,
Ms. F. VAN DEN BOSSCHE
The Minister of the Interior,
P. DEWAEL
For the Minister of Economy, absent:
Deputy Prime Minister and Minister of the Interior,
P. DEWAEL
Minister of Social Affairs and Public Health,
R. DEMOTTE
Minister of Average Class and Agriculture,
Mrs. S. LARUELLE
Minister of the Environment,
B. TOBBACK
Minister of Employment,
P. VANVELTHOVEN
The Secretary of State for Administrative Simplification,
VAN QUICKENBORNE
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
___
Note
(1) Documents of the House of Representatives:
51-2788-2006/2007:
001: Bill.
002 to 007: Amendments.
008 to 010: Reports.
011: Amendment.
012 to 014: Reports.
015: Supplementary report.
016: Text adopted by the Committees.
017: Amendments.
018: Text adopted in plenary and transmitted to the Senate.
Full report: 8 February 2007.
Documents of the Senate:
3-2055-2006/2007:
No. 1: Project not referred to by the Senate.