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27 DECEMBER 2006. - Miscellaneous Provisions Act (I) (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
PART I^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
PART II. - Administrative simplification
Single CHAPTER. - Repeal of Royal Decree No. 237 of 31 January 1936 amending the Royal Decree of 4 December 1934 on the control of prices of butchery and charcuterie meats
Art. 2. Royal Decree No. 237 of 31 January 1936 amending the Royal Decree of 4 December 1934 on the control of prices of butchery and charcuterie meat is repealed.
Art. 3. This chapter comes into force on 1^er January 2007.
PART III. - E-government
CHAPTER I^er. - Separate Management State Service "Be Health"
Art. 4. A separate management state service, as referred to in Article 140 of the State Accounting Acts, coordinated on 17 July 1991, known as "Be Health" is created within the Federal Public Service Public Health, Food Chain Safety and Environment for the management of the electronic service platform for the exchange of health data.
The King determines, by order deliberately in the Council of Ministers, the missions and modalities for the management and operation of this State Service with separate management.
CHAPTER II. - Amendment of the Act of 27 December 2005
various provisions
Art. 5. In section 185 of the Act of 27 December 2005 on various provisions, the words "during the year 2006" are replaced by the words "of 1^er January 2006 to April 18, 2007".
Art. 6. The approvals granted pursuant to section 191 of the Act are extended from 1^er January 2006 until April 18, 2007.
PART IV. - Defence
CHAPTER I^er. - Amendment of the Act of 10 April 1973 establishing
of the Central Office for Social and Cultural Action of the Ministry of Defence
Art. 7. Section 5 of the Act of 10 April 1973 establishing the Central Office for Social and Cultural Action of the Ministry of Defence, which was replaced by the Act of 11 July 1978 and amended by the Royal Decrees of 20 August 1982 and 22 December 1986 and the Acts of 2 August 2002 and 16 January 2003, are amended as follows:
1° § 1^er is replaced by the following provision:
« § 1^er. Subject to sections 8 to 11, the Central Office is administered by a composed management committee:
1st of the President;
2° of a union representative considered representative within the meaning of Article 5 of the Act of 11 July 1978 organizing relations between public authorities and trade unions of military personnel;
3° of a union representative considered to be representative within the meaning of Article 7 of the Act of 19 December 1974 organizing relations between the public authorities and the trade unions of the agents of these authorities;
4° of a number of staff of the Ministry of Defence and public interest agencies under this department that is equal to the number of representatives referred to in 2° and 3°, less one."
2° § 3 is replaced by the following provision:
“§3. The Minister of Defence appoints the members of the management committee referred to in § 1^er, 2°, 3° and 4°. »;
3° § 4 is repealed.
CHAPTER II. - Amendment of the Act of 13 July 1976
Staff and Staff Regulations of the Armed Forces
Art. 8. The following amendments are made to section 50, § 2, of the Act of 13 July 1976 on the staffing of officers and the statutes of the personnel of the armed forces, replaced by the Act of 16 July 2005:
1° In the following paragraph is inserted between paragraphs 1^er and 2:
"At the request of the female member, the postnatal period of maternity leave is extended by one week beyond the ninth week when the female member was absent for health reasons throughout the sixth week preceding the exact date of delivery, or the eighth week when a multiple birth is scheduled, until delivery. »;
2° in former paragraph 2 became paragraph 3, the words "of the previous paragraph" are replaced by the words "of paragraph 1^er and 2".
CHAPTER III. - Amendment of the Act of 11 July 1978
relations between public authorities and military personnel unions
Art. 9. In article 4, § 3bis, of the law of 11 July 1978 organizing relations between the public authorities and the unions of the military personnel, inserted by the law of 1^er May 2006, the words "may sit as a neutral advisor. It" is inserted between the words "A Prevention Advisor" and the words "cannot be part of any delegation".
Art. 10. Article 7, § 3, of the same law, inserted by the law of 16 January 2003, is supplemented by the following paragraph:
"The Chief of the Intern Service for Prevention and Protection at Work, or his/her duly appointed delegate, as well as the Head of the Military Service for Occupational Medicine, or his/her duly appointed delegate, shall serve as neutral prevention advisers at the senior coordinating committee for the matters referred to in paragraph 1^er. »
Art. 11. In Article 8, § 1^er, paragraph 5, of the same law, inserted by the law of 1^er May 2006, the words "may sit as a neutral advisor. It" is inserted between the words "A Prevention Advisor" and the words "cannot be part of any delegation".
Art. 12. Section 9 of the Act, repealed by the Act of 21 April 1994, is reinstated in the following wording:
“Art. 9. Consultation committees issue a reasoned opinion on the proposals before them. »
Art. 13. Section 13 of the Act, as amended by the Acts of 21 April 1994 and 16 January 2003, is supplemented as follows:
"4° bring together the general committees and committees established within them. »
Art. 14. Section 14 of the Act, amended by the Acts of 16 January 2003 and 1^er May 2006, the words "representative trade unions can:" are replaced by the words "representative trade unions can, under the conditions fixed by the King:".
Art. 15. In Article 15, § 1^er, paragraph 3, of the Act, replaced by the Act of 2 August 2002 and amended by the Act of 1^er May 2006, the words "definitely or temporarily" are inserted between the words "Accredit may be withdrawn" and the words "by a reasoned decision".
CHAPTER IV. - Amendment of the Act of 20 May 1994
Status of Defence Staff
Art. 16. In Article 90, § 3, of the Law of 20 May 1994 on the Status of Defence Staff, inserted by the Law of 22 March 2001 and amended by the Law of 5 March 2006, the words "in the framework of scientific or epidemiological research and studies and" are inserted between the words "used only" and the words "in the context of occupational medicine".
CHAPTER V. - Amendment of the Act of 16 July 2005
establishing the transfer of certain military personnel to a public employer
Art. 17. In section 2, paragraph 2, of the Act of 16 July 2005 establishing the transfer of certain military personnel to a public employer, the words "autonomous public enterprises referred to in the Act of 21 March 1991 on the reform of certain economic public enterprises", are inserted between the words "employer", and the words "provincial".
Art. 18. An article 11bis, as follows, is inserted in the same law:
"Art. 11bis . By derogation from Article 5, military personnel made available in the course of 2006 may be made available to police areas until the first day of the second month following the publication to the Belgian Monitor of the Royal Decree amending the status of personnel of the administrative and logistical framework without, however, the maximum total time available may not exceed 18 months.
In the case of a non-transfer decision beyond the first twelve months of disposition or absence of a decision, the entire period of making available is considered to be a benefit to third parties and section 151, paragraph 1^er, of the programme law of 2 August 2002 is applied, without the possibility of total or partial free. "
CHAPTER VI. - Transitional and final provisions
Art. 19. Section 8 produces its effects on 1^er September 2006 and is applied to deliveries that take place from that date.
Art. 20. Articles 9 to 15 produce their effects on 30 November 2006.
Art. 21. Article 18 produces its effects on 1^er January 2007.
PART V. Public Service
CHAPTER I^er. - Amendment of the Act of 10 November 1967
establishing the Belgian Bureau of Intervention and Restitution
Art. 22. Article 6ter of the Act of 10 November 1967 establishing the Belgian Office of Intervention and Restitution, coordinated by the Royal Decree of 3 February 1995, inserted by the law of 7 July 2002, is replaced by the following provision:
"Art. 6ter. § 1^er. The daily management of the Belgian Office of Intervention and Restitution is entrusted to a deputy head. It ensures, under the authority and control of the board of directors, the operation of the Belgian office of intervention and restitution. He runs the staff.
§ 2. The deputy head represents the Belgian office of intervention and restitution in judicial and extrajudicial acts and acts validly on behalf of or on behalf of the Belgian office of intervention and restitution.
§ 3. The deputy head is authorized, with the advice of the board of directors, to delegate a portion of the powers conferred on him and the signature of certain documents. Only the deputy head may authorize subdelegations of authority.
§ 4. The deputy head shall be assisted, as appropriate, in the course of his or her duties, by a deputy head and by a steering committee of which he or she shall assume the presidency.
The deputy head belongs to the other language role that the deputy head has. In the event of absence or incapacity of a deputy head, his or her powers are exercised by the deputy head. In the event of absence or incapacity of both the deputy head and deputy head, their powers shall be exercised by the oldest member of the Steering Committee.
§ 5. The King shall, by order deliberately in the Council of Ministers, establish the composition of the Steering Committee, the status and procedure for appointing the deputy head, if any, the deputy head and the members of the Steering Committee. "
Art. 23. An article 6quater is included in the same Act as follows:
"Art. 6quater. Staff members of the Bureau other than those referred to in Article 6ter, § 5 shall be appointed by the board of directors. »
CHAPTER II. - Amendment of the Act of 10 April 1973 establishing
of the Central Office for Social and Cultural Action of the Ministry of Defence
Art. 24. In Article 7, § 2, of the Act of April 10, 1973 establishing the Central Office of Social and Cultural Action of the Ministry of Defence, amended by Royal Decree No. 90 of August 20, 1982 and Royal Decree No. 485 of December 22, 1986, the words "heading officer" are replaced by the words "general administrator".
Art. 25. Section 8 of the Act is replaced by the following provision:
“Art. 8. § 1^er. The day-to-day management of the Central Office is entrusted to a deputy head. It provides, under the authority and control of the management committee, the functioning of the central office. He runs the staff.
§ 2. The deputy head represents the central office in judicial and extrajudicial acts and acts validly on behalf of or on behalf of the central office.
§ 3. The deputy head is authorized, with the advice of the management committee and the agreement of the Minister of Defence, to delegate some of the powers conferred on him and the signature of certain documents. Only the deputy head may authorize subdelegations of authority.
§ 4. The deputy head shall be assisted, as appropriate, in the course of his or her duties, by a deputy head and by a steering committee of which he or she shall assume the presidency.
The deputy head belongs to the other language role that the deputy head has. In the event of absence or incapacity of the deputy head, his or her powers are exercised by the deputy head. In the event of absence or incapacity of both the deputy head and deputy head, their powers shall be exercised by the oldest member of the Steering Committee. »
Art. 26. Section 9 of the Act is replaced by the following provision:
“Art. 9. The King shall, by order deliberately in the Council of Ministers, establish the composition of the Steering Committee, the status and procedure for appointing the deputy head, if any, the deputy head and the members of the Steering Committee. "
Art. 27. Section 10 of the Act is repealed.
Art. 28. Article 11, § 1^erthe following amendments are made:
1st paragraph 1^er is replaced by the following provision:
"The staff of the Central Office other than those referred to in section 9, shall be appointed, promoted and revoked by the Minister after notice of the management committee. »;
2° in paragraph 2, the words "leader" are replaced by the words "general administrator".
CHAPTER III. - Amendment of the Act of 8 June 1976
establishing the National Geographic Institute
Art. 29. Section 8 of the Act of 8 June 1976 establishing the National Geographical Institute is replaced by the following provision:
“Art. 8. § 1^er. The daily management of the Institute is entrusted to a deputy head. It provides, under the authority and control of the management committee, the operation of the Institute. He runs the staff.
§ 2. The deputy head represents the Institute in judicial and extrajudicial acts and acts validly on behalf of or on behalf of the Institute.
§ 3. The deputy head is authorized, with the advice of the management committee, to delegate some of the powers conferred on him and the signature of certain documents. Only the deputy head may authorize subdelegations of authority.
§ 4. The deputy head shall be assisted, as appropriate, in the course of his or her duties, by a deputy head and by a steering committee of which he or she shall assume the presidency.
The deputy head belongs to the other language role that the deputy head has. The deputy head and deputy head are part of the Executive Committee. In the event of absence or incapacity of the deputy head, his or her powers are exercised by the deputy head. In the event of absence or incapacity of both the deputy head and deputy head, their powers shall be exercised by the oldest member of the Steering Committee.
§ 5. The King shall, by order deliberately in the Council of Ministers, establish the composition of the Steering Committee, the status and procedure for appointing the deputy head, if any, the deputy head and the members of the Steering Committee. "
Art. 30. Section 16 of the Act is replaced by the following provision:
“Art. 16. Staff members of the Institute other than those referred to in Article 8, § 5 shall be appointed, promoted and revoked by the Minister in accordance with the Staff Regulations. "
CHAPTER IV. - Amendment of the Act of 8 August 1981 establishing the Institute of Veterans - the National Institute of War Invalids, Veterans and War Victims
Art. 31. In Article 6 of the Act of 8 August 1981 establishing the Institute of Veterans - the National Institute of War Invalids, Veterans and War Victims, replaced by the Act of 10 April 2003, the words "the National Institute is administered by a board of directors which is composed of:" are replaced by the words "Without prejudice to Article 13 of this Act, the Institute of National War Invalidsiders - the National Institute of War Invalids"
Art. 32. Section 13 of the Act is replaced by the following provision:
“Art. 13. § 1^er. The daily management of the Institute is entrusted to a deputy head. It ensures, under the authority and control of the Board of Directors, the operation of the Institute. He runs the staff.
§ 2. The deputy head represents the Institute in judicial and extrajudicial acts and acts validly on behalf of or on behalf of the Institute.
§ 3. The deputy head is authorized, after the advice of the Board of Directors and with the agreement of the Minister of Defence, to delegate some of the powers conferred on him and the signature of certain documents. Only the deputy head may authorize subdelegations of authority.
§ 4. The deputy head shall be assisted, as appropriate, in the course of his or her duties, by a deputy head and by a steering committee of which he or she shall assume the presidency.
The deputy head belongs to the other language role that the deputy head has. In the event of absence or incapacity of the deputy head, his or her powers are exercised by the deputy head. In the event of absence or incapacity of both the deputy head and deputy head, their powers shall be exercised by the oldest member of the Steering Committee.
§ 5. The King shall, by order deliberately in the Council of Ministers, establish the composition of the Steering Committee, the status and procedure for appointing the deputy head, if any, the deputy head and the members of the Steering Committee. »
Art. 33. The provisions of articles 31 and 32 come into force on 1^er January 2008.
PART VI. - Consumer protection
CHAPTER I^er. - Amendment of the Judicial Code
Art. 34. Section 1675/19 of the Judicial Code, inserted by the Act of 5 July 1998 and amended by the Act of 13 December 2005, is amended as follows:
"Art. 1675/19. § 1^er. The rules and rates fixing the fees, emoluments and expenses of the debt mediator are determined by the King. The King exercises his powers on the joint proposal of Ministers with Justice and Economic Affairs in their responsibilities.
§ 2. The statement of fees, emoluments and expenses of the debt mediator is dependent on the debtor and is paid by preference.
Without prejudice to Article 1675/9, § 4, during the development of the plan, the mediator shall retain a reservation on the assets of the debtor for the payment of the fees emoluments and fees.
In the event of a total disbursement of debts, the judge shall charge the Debt Treatment Fund referred to in section 20 of the Act of 5 July 1998 relating to the collective settlement of debts and the possibility of the sale of immovable property seized all or part of the unpaid fees of the mediator.
If the plan provides for a remission of capital debts and only to the extent that it is justified of the impossibility for the applicant to pay the fees within a reasonable period of time, the judge may charge the Fund all or part of the unpaid fees of the mediator.
In its application, the mediator indicates the reasons why the constituted reservation is insufficient and for which the available debtor is insufficient to pay the fees.
The judge indicates the reasons for the Fund's intervention.
The draft amicable plan, referred to in 1675/10, § 2, and the judicial settlement plan indicate how fees, exhausted and failed, are paid by the debtor.
§ 3. Unless these measures have been determined by the decision referred to in Article 1675/10, § 5, Article 1675/12 or Article 1675/13, the judge, upon request of the debt mediator, shall issue an enforceable title for the provision that the judge determines or for the amount of the fees, emoluments and expenses that the judge fixes. If he buys, he hears before the board, the observations of the debtor, the creditors and the debt mediator. The decision is not subject to opposition or appeal. At each request of the debt ombudsman is attached a detailed account of the benefits to be paid and the costs exposed or to be exposed. "
Art. 35. This chapter comes into force on the day of the publication of this Act to the Belgian Monitor.
CHAPTER II. - Amendment of the Act of 5 July 1998 relating to the collective settlement of debts and the possibility of the sale of immovable property seized
Art. 36. Article 20, § 2, 3°, of the Act of 5 July 1998 on the collective settlement of debts and the possibility of the sale of the seized immovable property, as amended by the laws of 19 April 2002 and 5 August 2006, the last paragraph shall be supplemented by the following sentence:
"The due contribution is increased by 150,000 euros for the financing of the measures provided for in § 3, 3°. "
Art. 37. This chapter comes into force on the day of the publication of this Act to the Belgian Monitor.
PART VII. - Average grades
UNIC CHAPTER. - Amendment to article 36 of Royal Decree No. 72 of 10 November 1967 concerning the retirement and survival pension of independent workers
Art. 38. Article 36, § 2, paragraph 2, of Royal Decree No. 72 of 10 November 1967 concerning the retirement and survival pension of independent workers, as amended by the Act of 15 May 1984, is replaced by the following paragraph:
"The limitation period referred to in the preceding paragraph is extended to 3 years when the undue amounts were obtained:
1° by fraudulent manoeuvres or by false or knowingly incomplete declarations;
2° as a result of the forbearance of the debtor or his spouse to file a declaration prescribed by a legal or regulatory provision, or resulting from an earlier undertaking;
3° as a result of the benefit of social benefits referred to in Article 30bis of Royal Decree No. 72;
4° as a result of the exercise of a professional activity whose income exceeds the fixed limit amounts. In this case, however, repetitive action is prescribed by three years from 1^er June of the calendar year following that in which the overtaking occurred. "
Art. 39. This chapter produces its effects on 1^er January 2006.
PART VIII. - Mobility
UNIC CHAPTER. - Amendment of the Act of 3 May 2005 amending the Act of 11 December 1998 on classification and security clearances
Art. 40. Section 8, paragraph 2, of the Act of 3 May 2005 amending the Act of 11 December 1998 on classification and security clearances, is supplemented as follows:
"The King may extend this period until December 31, 2007 for airport identification badges. "
PART IX. - Energy
CHAPTER I^er. - Oil
Section 1^re. - Creating a single contribution
oil sector
Art. 41. For the purposes of this section:
1° Participating business: a company that, on the basis of the provisions referred to in section 43, participates in the contribution;
2° storage obligation by category: stocks up to 25% of the domestic deliveries carried out in Belgium during the previous calendar year that must be held for each product category, defined at 3° and as notified by the General Directorate of Energy of the SPF Economy, SMEs, Average Classes and Energy to refiners and importers for the 2005 storage year. This storage obligation takes into account any transfers and recurring of the storage obligation of other companies ("the secondary storage obligation");
3° product categories: product categories for which stocks must be held, including:
(a) 1^re Category: self-fuel and aeroplane fuel (aircraft gasoline, gasoline fuel)
(b) 2^e Category: diesel, diesel, light oil, tractor oil, lamping oil and kerosene-type carbide;
(c) 3^e category: residual fuel-oils;
4° individual contribution obligation: part of the single contribution to be paid by each company;
5° Eligible stock: the part of the storage obligation used as a basis for calculation for the individual contribution obligation.
Art. 42. A single contribution of a total of 12 million euros is introduced at the expense of refiners and importers who, during the year 2005, were subject to the storage obligation under the Royal Decree of 11 October 1971 on the obligations of the means of storage and storage of petroleum products.
Art. 43. § 1^er. For the determination of the eligible stock of a refiner or importer, its duty of storage by category is recorded with all categories.
§ 2. Eligible stock is the difference between the volume of stock calculated according to § 1^er and 150,000 tons.
§ 3. The single contribution of €12 million is broken down on the sum of eligible stocks of all participating companies.
§ 4. The individual contribution obligation of a participating corporation is equal to the part of its eligible stock in that amount.
Art. 44. For the purposes of this section, it is not taken into account any temporary exemptions to the storage requirement, which would have been granted to a participating undertaking in 2005.
Art. 45. The single contribution cannot be reflected in the maximum price structure. Participating companies cannot charge or repercuss, in any way or in part, the individual contribution obligation directly or indirectly on other companies or on the end user. The single contribution will be paid by participating companies before 1^er January 2007.
Art. 46. The individual contribution obligation is paid for a fund managed by the SPF Economy, SMEs, Middle Class and Energy. The King sets, by a deliberate decree in the Council of Ministers, after consultation with participating companies or, if desired by these companies, with their federations, the effective destination of the single contribution.
Art. 47. The Directorate General Energy of the SPF Economy, SMEs, Middle Class and Energy is responsible for the notification, perception and control of individual contribution obligations.
For this purpose, officers of the Directorate General Energy have the means and skills assigned to them by the legal provisions concerning economic regulation and prices.
Art. 48. Any offence under this section or any order made pursuant to this section is sought, found, prosecuted and punished in accordance with the provisions of chapters II and III of the Economic Regulation and Prices Act of 22 January 1945.
Without prejudice to the other provisions of the above-mentioned Act, the partial or total non-payment of the individual contribution obligation shall be liable to a fine not less than the tenfold of the amount elected, without being able to exceed twenty percent of the turnover of the participating corporation in the calendar year 2005.
Section 2. - Regulation of contracts for the supply of diesel fuel
heating with phased payment
Art. 49. In section 40 of the Act of 27 December 2005 on various provisions, the words "sections 35 and 36" are replaced by the words "sections 38 and 39".
Section 3. - Amendment of the Royal Decree of 20 January 2005 setting out the terms and conditions for the operation and financing of a Mazout Social Fund
Art. 50. Article 3, § 1^er, of the Royal Decree of 20 January 2005 setting out the modalities for the operation and financing of a Mozout Social Fund, as amended by the Royal Decree of 24 October 2005, is completed as follows:
"5° ensure advertising to target groups of the Mauritian Social Fund, relating to the system of minimum legal conditions for the purchase of domestic fuel with instalment payment as determined at the Royal Decree of 20 January 2006 on the minimum terms of the contracts for the supply of heating gasoil with instalment payment, offered by registered traders. "
Art. 51. In section 5 of the same Royal Decree, as amended by the Royal Decree of 24 October 2005, the following amendments are made:
1° in § 2, (a), (b) and (c), the words "or exoneration" are deleted each time;
2° The article is supplemented by a § 3, written as follows:
“§3. Petroleum products referred to in § 2 that are used by the consumer for industrial and commercial purposes are exempt from the contribution for the financing of the Mazout Social Fund. "
Art. 52. In section 7 of the same order, as amended by the Royal Decree of 24 October 2005, the following amendments are made:
1° in §§ 1 and 2, the words "of this quarter" are replaced by the words "of this quarter or 12 weeks";
2° in § 3, the first sentence is repealed;
3° § 4 is replaced by the following provision:
“§4. Companies subject to access pay contributions to the Mazout Social Fund on the income account of the Mazout ASBL Social Fund. Companies that have not filed a claim shall, at the latest, do so on the last business day of the month following the date of receipt of the notification referred to in § 1^er. Companies that have filed a claim shall, at the latest, pay the last business day of the month following the date of receipt of the statement or the date of expiry of the period of delivery referred to in § 3. "
Art. 53. Section 9 of the same Royal Decree is amended as follows:
1° in the current text which will form § 1^erParagraph 1^er is replaced by the following provision:
« § 1^er. Contributions are obligatoryly charged on the petroleum products referred to in Article 5, § 2, and this in the entire supply chain to the consumer level. They are, however, not billed to consumers who use the petroleum products referred to in Article 5, § 2, for industrial and commercial purposes when the merchant takes charge of the regulation of excise or for agriculture, horticulture, forestry and fish farming. »;
2° the same article is completed as follows:
“§2. Dealers who purchase petroleum products referred to in Article 5, § 2, from a registered depositary and sell the products to consumers who use them for industrial and commercial purposes may recover the contributions paid for the Mazout Social Fund from that registered depositary. To this end, the merchant sends the certificate to the registered depositary before the end of the month following the date of validation by the administration which is as proof of payment of the accises.
The retrieval of the merchant's contribution to the authorized contractor shall be done no later than one week after the General Directorate's acceptance of the quantities in the claim procedure referred to in Article 7, § 3.
§ 3. As certificates that are valid as proof of payment of accises are valid documents validated by the following customs and accesses:
(a) the document "use of energy products - industrial and commercial purposes" as set out in annex X to the Ministerial Order of 14 May 2004 relating to the general regime, detention, traffic and controls of products subject to access or;
(b) a declaration of consumption ACC4 with the word "sunicipal declaration" in box 44.
§ 4. Upon receipt of notification of the quantities of the petroleum products referred to in Article 5, § 2, which were consumed during the last quarter or the last 12 weeks, the authorized contractor filed a claim with the General Directorate. This claim concerns at least those quantities delivered by its merchants for industrial and commercial purposes and for which it has received a certificate in accordance with §§ 2 and 3. This claim is filed in accordance with the procedure and within the period referred to in Article 7, § 3, second sentence, and upon presentation of the certificates referred to in § 3. The General Directorate deducts the accepted quantities of the claim for heating oil products put to consumption by the approved contractor during the period concerned.
§ 5. Consumers who use the petroleum products referred to in Article 5, § 2, for industrial and commercial purposes and who pay for the gains paid in less, collect the contribution for the Mazout Social Fund from the ASBL Social Fund upon presentation of the attestation referred to in § 3, 1°, and this before the end of the month following the quarter in which they received the quantities concerned. "
Art. 54. In Article 13, 2° of the same Royal Decree, the second and third sentence shall be replaced by the following provisions:
"To this end the Heating Fund uses the services of the Oil Products Analysis Fund. The Oil Products Analysis Fund can apply to the Heating Fund for the reimbursement of costs incurred. "
Section 4. - Amendment of the Act of 30 December 1992 on social and other provisions and the Act of 27 December 1990 establishing budgetary funds
Art. 55. In section 160 of the Act of 30 December 1992 dealing with social provisions and various words "oil products" are replaced by the words "oil products, mixed or not with biofuels, and their biological substitution products".
Art. 56. The following amendments are made to section 32-7 of the Organic Act of 27 December 1990 establishing budgetary funds:
1° in authorized expenses and revenues affected the words "oil products" are replaced by the words "oil products, mixed or not with biofuels and their biological substitution products";
2° it is inserted an authorized expenditure, written as follows: "Coverage of costs for the control and analysis of biofuels mixed or not with petroleum products".
Section 5. - Amendment of the Act of 26 January 2006 on the detention of mandatory oil and petroleum stocks and the establishment of an agency for the management of part of these stocks and amending the Act of 10 June 1997 on the general regime, the detention, traffic and controls of goods subject to access
Art. 57. Section 5, § 2, of the Act of 26 January 2006 on the detention of mandatory oil and petroleum stocks and the establishment of an agency for the management of part of these stocks and amending the Act of 10 June 1997 on the general regime, detention, traffic and controls of goods subject to access is supplemented as follows:
« 4° Arrangements by registered oil companies that do not have an individual storage obligation, but voluntarily decide to hold an individual stock of 4,000 tonnes. "
Art. 58. Section 7 of the Act is amended as follows:
1° § 2 is supplemented by the following sentence:
"This maximum percentage is not an application for raw oil owned by APETRA that it stores underground abroad. »;
2° it is inserted a § 3, written as follows:
Ҥ3. A maximum of 50 per cent of AAPTRA's ownership stocks concern crude oil quantities. "
Art. 59. Article 13, § 1^er, 3°, of the same law is replaced by the following provision:
"3° the maximum percentages referred to in Article 7, §§ 2 and 3, remain respected;".
Art. 60. Article 14, § 2, of the Act is supplemented by a second paragraph, which reads as follows:
"If a registered oil company referred to in paragraph 1^er, 1°, which is in possession of the prior agreement referred to in paragraph 1^er, 2°, notes that the registered oil company or the large consumer to whom it can contractually transfer a consumption stake is officially declared bankrupt, the registered oil company referred to in paragraph 1^er, 1°, is released from consumerization resulting from transactions with the failed company. This provided that it can prove its transactions with the failed company. »
Art. 61. An article 39bis, as follows, is inserted in the same law:
"Art. 39bis. § 1^er. The control of the financial situation, annual accounts and regularity, under the law and the statutes of APETRA, of the transactions to be found in the annual accounts, is entrusted within AAPTRA to a college of reviewers with two members. The members of the college are called a reviser.
§ 2. The Court of Auditors appoints a reviewer. The other reviewer is appointed by the Board of Directors.
The auditor appointed by the Court of Auditors shall be appointed from among the members of the Court of Auditors. The other reviser is appointed among the members, natural or legal persons, of the Institute of Corporate Reviewers.
§ 3. The remuneration of the revisers is dependent on APETRA.
§ 4. The report referred to in section 143 of the Corporate Code is forwarded to the Board of Directors and the Minister.
§ 5. The Court of Auditors exercises its control exclusively on the basis of § 6.
§ 6. Prior to May 31 of the year following the fiscal year in question, the Minister shall communicate the annual accounts, the management report and the report of the College of Reviewers to the Audit Court.
The Court of Auditors may, at the intervention of its representative at the College of Auditors, organize an on-site audit of the accounts and transactions related to the performance of public service tasks. The Court may publish the accounts in its Record of Observations.
In addition, at the intervention of its representative to the College of Reviewers, the Court of Audit prepares annually, to the attention of the Senate and the House of Representatives, a report on the implementation of public service tasks. »
Art. 62. The Royal Decree of October 4, 2006 establishing the method of calculating and collecting the contribution of APATRA is confirmed.
CHAPTER II. - Natural Gas - Amendment of the Act of 12 April 1965 on the transport of gaseous and other products by pipelines
Art. 63. Article 1^erof the Act of 12 April 1965 on the Transport of Gases and Others by Pipeline, as amended by the Acts of 29 April 1999, 16 July 2001, 20 March 2003, 1^er June 2005 and 20 July 2006, is completed as follows:
"50° hub: any place that allows users of the transportation network to physically make natural gas available in the context of a resale, provided that these operations are, from a technical and commercial point of view, supported at the logistical level by a service provider ensuring, among other things, the monitoring of transfers of ownership;
51° main conditions: the standard contract for access to the transport network and the related operational rules. »
Art. 64. In article 15/1, § 1, of the same law, inserted by the law of 29 April 1999 and amended by the law of 1^er June 2005, a 9°bis point was inserted, which read:
"9°bis to organize the secondary market on which network users negotiate between them the capacity and flexibility and on which managers can also buy capacity and flexibility. »
Art. 65. Article 15/5 undecies, § 1^er, paragraph 2, of the same law, inserted by the law of 1^er June 2005 is completed as follows:
"12° the rules and organisation of the secondary market referred to in Article 15/1, § 1^er9°bis;
13° the basic principles relating to the organization of access to hubs. »
Art. 66. Article 15/5 of the same law, inserted by the law of 1^er June 2005, the words "15/6" are deleted.
Art. 67. Article 15/11, § 1^erof the same Act, inserted by the Act of 29 April 1999 and amended by the Acts of 16 July 2001, 24 December 2002 and 20 March 2003, are amended as follows:
1° paragraph 4, is completed as follows:
"3° to the financing of the prospective study concerning the security of supply of natural gas, established in accordance with the provisions of Article 15/13, § 1^er.
2° Paragraph 5 is supplemented as follows:
"3° in an organic budget fund called "Funds for the Financing of the Study on the Prospects for the Supply of Electricity and the Forward-looking Study on the Safety of Supply of Natural Gas", which is established by the Law of 27 December 1990 creating budgetary funds and managed by the Energy Administration. »
CHAPTER III. - Creating a single dependent contribution
Gas sector
Art. 68. For the purposes of this chapter:
1° Gas company: any natural or legal person performing the production, supply, purchase or storage of gases or several of these activities, excluding final customers, as referred to in section 1, 23°, of the law of 12 April 1965 relating to the carriage of gaseous and other products by pipelines and to the exclusion of a transport company, as referred to in section 1, 9°, of the law of 12 April 1965 relating to the carriage of gases and
2° Final customer: any natural or legal person who buys gas for its own use, as referred to in section 1, 23°, of the law of April 12, 1965 relating to the carriage of gaseous and other products by pipelines, as amended by the law of the 1^er June 2005;
3° Participating company of gas that, on the basis of section 69, participates in the contribution;
4° Individual contribution obligation: the portion of the single contribution to be paid by each participating gas undertaking.
Art. 69. A single contribution of a total of 100 million euros is introduced to the participating gas companies who, in 2005 on the Belgian market, have a share of the market in the resale and distribution segment of at least 30% on sale of natural gas in TWh
Art. 70. Participating gas companies cannot in any way charge or affect the obligation of their individual contribution directly or indirectly on other companies or on the final customer. The individual contribution obligation is perceptible on the date of publication of this Act. It is paid by the participating gas company before 1^er January 2007 on bank account 679-2004021-01.
Art. 71. Any offence under articles 69 and 70 or the decrees under these articles is sought, found, prosecuted and punished in accordance with the provisions of chapters II and III of the Act of 22 January 1945 on economic regulation and prices.
Without prejudice to the other provisions of the above-mentioned Act, the partial or total non-payment of the individual contribution obligation is liable to a fine not less than the 10-fold of the elected amount, without being able to exceed 20 per cent of the turnover of the participating gas undertaking in the calendar year 2005.
CHAPTER IV. - Electricity
Section 1^re. - Amendment of the Act of 29 April 1999
on the organization of the electricity market
Art. 72. Article 21bis , § 1^erParagraph 1^er, of the Act of 29 April 1999 on the organization of the electricity market, inserted by the Act of 20 July 2005, is supplemented as follows:
"6° to the financing of the prospective study, established in accordance with the provisions of Article 3".
Art. 73. Article 21ter, § 1^erParagraph 1^er, of the same law, inserted by the Act of 20 July 2005, is supplemented as follows:
"6° in an organic budget fund called "Funds for the Financing of the Study on the Prospects for the Supply of Electricity and the Forward-looking Study on the Safety of Supply of Natural Gas", which is established by the Act of 27 December 1990 creating budgetary funds and managed by the Directorate General of Energy".
Section 2. - Creation of a budget fund
Art. 74. It is created a fund for the financing of the study on the perspectives of electricity supply and the prospective study on the security of natural gas supply, which constitutes an organic budget fund within the meaning of Article 45 of the laws on State accounting, coordinated on 17 July 1991.
Revenues to the fund referred to in paragraph 1^er, as well as expenses that may be incurred by the Fund, are listed in the table annexed to the Organic Law of 27 December 1990 establishing budgetary funds.
Section 3. - Amendment of the Organic Law of 27 December 1990
Art. 75. The section "32 - Federal Public Service Economy, SMEs, Average Classes and Energy" of the table annexed to the Act of 27 December 1990 creating budgetary funds is supplemented by the following provisions:
« Name of the organic budget fund
32 - (...) - Fund for the financing of the study on the prospects for electricity supply and the prospective study on the security of natural gas supply.
Nature of income affected
The portion determined by the King of the federal contribution referred to in Article 15/11, § 1^er, paragraph 4, 3°, of the law of 12 April 1965 relating to the transport of gaseous and other products by pipelines and article 21bis, § 1^er, 6°, of the Act of 29 April 1999 on the organization of the electricity market, which is intended for the financing of costs related to the establishment of the study on the prospects for electricity supply and the prospective study on the security of natural gas supply.
Nature of authorized expenses.
Expenditures will be used to cover the costs required for the preparation of the two above-mentioned studies, related to activities that cannot be borne by the Directorate General of Energy and must be entrusted to specialized agencies:
- use of a series of models to perform simulation works of electrical and gas systems,
- conducting studies on decentralized electricity production and on the reliability of installations,
- preparation of the Environmental Impact Report under the Act of 13 February 2006 on the Assessment of Environmental Impacts of Certain Plans and Programs and Public Participation in the Development of Environmental Plans and Programs,
- establishment of a follow-up committee.
TITRE X. - Social integration,
Politics of the Great Cities and Equal Opportunities
CHAPTER I^er. - Fund social mazout
Art. 76. In article 213 of the law programme of 27 December 2004, replaced by the law of 20 July 2005, a paragraph 2bis is inserted, as follows:
Ҥ 2bis. The public social action centre that transmits the accounts that were arrested after 31 July will not be able to claim an advance for the next heating period. The suspension of the right to an advance ends when the accounts are transmitted.
If, as at 31 December of the same year, the centre has still not forwarded the accounts, it is defecated from the right to recover the expenses relating to the allocations granted during the heating period to which the accounts are not transmitted; it is also required to reimburse the advances received for this period of heating to the Mazout Social Fund.
By derogation from paragraph 2, for heating periods covering the years 2004-2005 and 2005-2006, in the absence of having forwarded the accounts as at 31 December 2006, the centre shall be deprived of the right to recover the expenses relating to the allowances granted during the heating period to which the accounts not transmitted are referred; it is also required to refund the advances received for the heating period concerned to the Fund Sociale mazout. »
Art. 77. Section 76 comes into force on December 31, 2006.
CHAPTER II. - Advances
- Transitional provision
Art. 78. In order to obtain the federal state subsidy for advances on maintenance granted before 1^er October 2005 by public social action centres, decisions must be communicated, under penalty of forclusion, to the Social Integration SPP by December 31, 2006.
Art. 79. Section 78 comes into force on December 31, 2006.
CHAPTER III. - Right to social integration
Art. 80. An article 3, 3°, second dash, as follows, is inserted in place of the former article 3, 3°, second dash, cancelled by the Court of Arbitration decision 5/2004 of 14 January 2004 in the law of 26 May 2002 concerning the right to social integration:
" - be granted as a citizen of the European Union, or as a member of his family who accompanies him or her, a right of stay for more than three months, in accordance with the provisions of the Act of 15 December 1980 on access to the territory, residence, establishment, and removal of foreigners. »
Art. 81. In Article 18, § 1^er, paragraph 3, of the law of 26 May 2002 concerning the right to social integration, the words "article 57bis of the law of 8 July 1976 organic of the public social welfare centres" are replaced by the words "article 2, § 7, of the law of 2 April 1965 on the care of the relief provided by the public welfare center".
CHAPTER IV. - Amendment of the Act of 8 July 1976
public social action centres
Art. 82. In chapter IV of the Act of 8 July 1976, which is an organic law of public social action centres, section 4, including section 68quinquies, partially cancelled by the Court of Arbitration decision No. 123/2006, is replaced by the following provision:
“Section 4. - Specific support for payment of support for children or contributory shares for children placed
Art. 68quinquies. § 1^er. The Public Social Action Centre is responsible for providing specific support for the payment of child support or contributory child support.
§ 2. The right to support the payment of child support or contributory child support is granted when the following conditions are met:
1° the debtor of food is entitled to integration income or equivalent financial social assistance;
2° the food debtor is a person who is liable:
(a) alimony in respect of its children and fixed either by an enforceable judicial decision or by an agreement referred to in article 1288, 3°, of the Judicial Code or by an enforceable agreement referred to in articles 731 to 734 of the Judicial Code;
(b) a maintenance on the basis of article 336 of the Civil Code;
(c) on the one hand contributive to a child placed under a decision taken by the youth court or by the competent administrative authority;
3° the debtor of food provides proof of the payment of this maintenance or of that contribution.
§ 3. The amount of the right to special support for the payment of child support or contributory shares for children placed is 50% of the amount of paid support or contributory shares, up to EUR 1,100 per year.
§ 4. The King determines the terms and conditions for the introduction of the application to the competent centre, the notification of the decision and the payment of specific assistance to the payment of maintenance for children or contributory shares for children placed. It determines the procedure to be followed in the event of incompetence of the public social action centre that receives the application.
§ 5. The State grants to the competent centre 100% of the amount of support specific to the payment of support for children or contributory shares for children placed. Advances to be claimed on the amount to be borne by the State may be granted under the conditions and conditions established by the King. »
CHAPTER V. - Amendment of the Act of 2 April 1965 on the Care of Relief Granted by Public Social Action Centres
Art. 83. Article 9, § 1^er, of the Act of 2 April 1965 on the Care of Relief granted by Public Social Action Centres, replaced by the Act of 9 July 1971 and amended by the Act of 12 January 1993, is supplemented by the following paragraph:
"The notice to the Minister shall be communicated electronically in the manner determined by the King. »
Art. 84. In section 12 of the Act, replaced by the Act of 9 July 1971 and amended by the Acts of 15 December 1986 and 12 January 1993, the following paragraph shall be inserted between paragraphs 2 and 3:
"By derogation from the preceding paragraph, the sending of the state of the disbursements to the Minister is made electronically in accordance with the terms and conditions established by the King. »
Art. 85. The King sets out the effective date of sections 83 and 84 of this Act.
PART XI. - Social affairs
CHAPTER I^er. - Personal and solidarity responsibility of corporate managers and administrators in the event of bankruptcy - Amendments
Art. 86. Section 265, § 2, of the Corporate Code, inserted by the Act of 20 July 2006, is amended as follows:
1° to paragraph 1^er, the words "article 54" are replaced by the words "article 54ter";
2° in paragraph 3, in the Dutch text, the words "§ 1, eerste lid" are replaced by the words "§ 1, tweede lid".
Art. 87. In article 409, § 2, of the same Code, inserted by the law of 20 July 2006, the words "article 54" are replaced by the words "article 54ter".
Art. 88. Section 530, § 2, of the same Code, inserted by the Act of 20 July 2006, is amended as follows:
1° the words "article 54" are replaced by the words "article 54ter";
2° Paragraph 3 is repealed.
Art. 89. The provisions of this chapter come into force on 1^er January 2007.
CHAPTER II. - Debt disclosure to the social security contribution collection agency
Art. 90. In article 40ter, of the law of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers, inserted by the law of 20 July 2006, the words "article 54" are replaced by the words "article 54ter".
Art. 91. Section 90 comes into force on 1^er January 2007.
CHAPTER III. - Better perception of contributions
Section 1^re. - Increased recovery of social security contributions from employee workers
Art. 92. Article 41ter, § 1^er, of the law of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers, inserted by the law of 3 July 2005 and amended by the laws of 27 December 2005 and 20 July 2006, the words ", or the solidarity responsible pursuant to articles 265, 409 and 530 of the Code of Societies," are inserted between the words "situés in Belgium whose debtor" and the words "s owner or naked".
Art. 93. Section 41quater of the Act, inserted by the Act of 3 July 2005 and amended by the Acts of 27 December 2005 and 20 July 2006, is replaced by the following provision:
"Art. 41quater. § 1^er. Notaries required to make an act intended for the alienation or mortgage assignment of a building, ship or ship whose employer, natural or legal person, is subject to an organization that collects social security contributions, or has been, or that which has been held for the purpose of solidarity under articles 265, 409 and 530 of the Code of
1° by means of a procedure using computer technology, via the Social Security Crossroads Bank;
2° by any other means to sign the notice and give certain date to its consignment, when the consignment cannot be carried out in accordance with the 1°.
If the intended act has not passed within three months from the date of the shipment of the notice, the notice will be considered non-avenue.
§ 2. If the interest of the issuing agency requires it, it shall notify the notary before the expiry of the twelfth working day that follows the date of shipment of the notice referred to in § 1^er and by means of a procedure using IT techniques, through the Social Security Cross-Country Bank, the amount of claims that may result in the registration of the legal mortgage on the property under the act.
When the notification is not sent through a procedure using computer technology, social security contribution recipients are notified by any other means giving certain date to the notification and allowing to sign the notification.
§ 3. When the act referred to in § 1^er has passed, the notice referred to in § 2 shall be seized and arrested in the hands of the notary on the sums and values that he holds under the act on behalf of or for the benefit of the debtor of the receiving body of social security contributions.
In addition, if the sums and values so seized-and-arrested are less than all amounts due to registered creditors and opposing creditors, the notary must, under penalty of being personally responsible for the surplus, inform the receiving agencies of the contributions, no later than the first business day following the passage of the act:
1° by means of a procedure using computer technology, via the Social Security Crossroads Bank;
2° by any other means to sign the information and confer certain date on its consignment, when the consignment cannot be carried out in accordance with the 1°.
Without prejudice to the rights of third parties, the transcript or registration of the act is not enforceable to social security contribution collectors, if the registration of the legal mortgage takes place within eight working days after the sending of the information provided for in the preceding paragraph.
Inoperative with respect to the claims of social security contributions receiving organizations notified pursuant to § 2, all unregistered claims for which seizure or opposition is made only after the expiry of the period provided for in paragraph 2 of this paragraph.
§ 4. The registrations made after the period provided for in § 3, paragraph 3, or for the security of claims that have not been notified, in accordance with § 2, are not subject to the mortgage creditor or to the purchaser who may request the release.
§ 5. The liability of the notary under § 1^er and 3, may not exceed, as the case may be, the value of the alienated property or the amount of the mortgage registration, deducting from the sums and values seized-arrested in its hands.
§ 6. §§ 1^er 5 shall apply to any person authorized to give authenticity to the acts referred to in § 1^er.
§ 7. Public officials or departmental officials responsible for publicly selling furniture whose value reaches at least 250 euros are personally responsible for the payment of the sums due at the time of sale to the receiving bodies of the social security contributions by the employer, natural or legal person, or the solidarity responsible pursuant to sections 265, 409 and 530 of the Code of Societies, concerned by the seizure, if they do not notify the social security agencies of the contributions
1° by means of a procedure using computer technology, via the Social Security Crossroads Bank;
2° by any other means to sign the notice and give certain date to its consignment, when the consignment cannot be carried out in accordance with the 1°.
Public officials or departmental officers responsible for the distribution by contribution of the seized-and-arrested denarii, as defined in section 1627 of the Judicial Code, are personally responsible for the payment of the sums due to the receiving agency of the contributions by the debtor, or the solidarity responsible, at the time of the distribution by contribution, if, before doing so, they do not notify the receiving bodies of social security dues
1° by means of a procedure using computer technology, via the Social Security Crossroads Bank;
2° by any other means to sign the notice and give certain date to its consignment, when the consignment cannot be carried out in accordance with the 1°.
The notification of the amount of the amounts due by the receiving agency of the contributions, by means of a procedure using the IT techniques, through the Social Security Bank, no later than before the expiry of the twelfth working day following the date of the notification referred to in the preceding paragraphs, shall take precedence in the hands of public officials or ministerial officers referred to in paragraph 1^er.
When the notification is not sent through a procedure using computer technology, social security contribution recipients are notified by any other means giving certain date to the notification and allowing to sign the notification.
The provisions of this paragraph shall apply to public officials or ministerial officers responsible for the sale of furniture, in accordance with articles 1526 bis and following of the Judicial Code.
§ 8. In cases where the notice referred to in §§ 1^er and 7 is sent by means of a procedure using the IT techniques, the date of sending of the said notice is the date of the acknowledgement of receipt communicated by the Banque-carrefour de la sécurité sociale, after receiving by it the acknowledgement of receipt from the receiving agency of the social security contributions.
In cases where the information referred to in § 3 and the notifications referred to in §§ 2 and 7 are sent by means of a procedure using computer techniques, the date of such information and notifications is that of their consignment.
§ 9. The information contained in the notices, information and notifications is identical that they are transmitted by means of a procedure using computer techniques or by any other means giving certain date to the shipment and allowing to sign them.
When sent by any other means giving certain date to the shipment and allowing to sign them, such notices and information shall be prepared in accordance with the models agreed by the Minister of Social Affairs or his delegate.
When sending the notices, information and notifications mentioned above, addressed to or from the receiving agency, the persons concerned are identified by means of the identification number referred to in Article 5 of the Act of 16 January 2003 establishing a Bank-Carrefour des Entreprises, modernization of the trade register, creation of registered business outlets and carrying various provisions, as well as the identification number referred to in Article 8
§ 10. Where the notice referred to in §§ 1^er and 7 is not introduced by a procedure using computer techniques, the information and notifications consecutive to this notice cannot be sent according to this procedure but only by any other means giving certain date to their consignment and allowing to sign them.
When the notification referred to in §§ 2 and 7 is not filed by a procedure using the IT techniques, the information resulting from this notification cannot be sent according to this procedure but only by any other means giving certain date to its consignment and allowing to sign it.
Where the use of another means is implemented, the notice, information or notification sent by that other means presumes that the same notice, information or notification may be sent by the same procedure using the IT techniques as long as the date of the computer sending differs from the date of the sending by any other means as referred to in the preceding paragraph.
§ 11. The origin and integrity of the contents of the notices, information and notifications referred to in §§ 1^er, 2, 3 and 7 in the event of sending through a procedure using computer techniques must be ensured by means of appropriate protection techniques.
§ 12. In order for the notifications referred to in §§ 2 and 7 to be validly entered and discontinued when sent by a procedure using computer technology, they must be carried with an electronic signature, implemented according to one of the following techniques:
- creation of an electronic signature using a Belgian identity card;
- creation of a digital signature using a private key granted to a competent official and accompanied by a certificate issued to that employee, where both the private key and the certificate are kept securely in the computer's memory;
- creation of a digital signature using a private key granted to an institution and accompanied by a certificate issued to that institution, where both the private key and the certificate are stored securely in the memory of a computer;
- creation of an advanced electronic signature within the meaning of Article 2, 2° of the Act of 9 July 2001 establishing certain rules relating to the legal framework for electronic signatures and certification services.
Regardless of the technique applied, it is guaranteed that only authorized persons have access to the means with which the signature is created.
The procedures must also allow the physical person responsible for the shipment to be properly identified, as well as to correctly identify the time of the shipment.
This data must be retained by the sender for a period of ten years and, in the event of a dispute, must be produced within a reasonable time. "
Art. 94. This section comes into force on 1^er March 2007.
Section 41quater of the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers, as replaced by this Act, applies as of 1^er March 2007 in the head of notaries and persons authorized to give authentication to acts of alienation and mortgage assignment in respect of acts that will be passed on 16 April 2007.
Section 41quater of the aforementioned Act of 27 June 1969 as replaced by this Act applies as of 1^er March 2007 in the head of public officials or ministerial officers responsible for the sale of furniture or for the distribution by contribution of seized and arrested denarii.
Section 2. - Better recovery
social security contributions of self-employed workers
Art. 95. Article 16bis, § 1^er, of Royal Decree No. 38 of 27 July 1967 organising the social status of the independent workers, inserted by the law of 20 July 2005 and amended by the laws of 27 December 2005 and 20 July 2006, the words "or naked property" are inserted between the words "owner" and "as well as with respect to property. »
Art. 96. Article 23ter of Royal Decree No. 38 of 27 July 1967 organising the social status of independent workers, inserted by the law of 20 July 2005 and amended by the laws of 27 December 2005 and 20 July 2006, is replaced by the following provision:
"Art. 23ter. § 1^er. Notaries required to conduct an act intended for the alienation or mortgage assignment of a building, ship or ship are personally responsible for the payment of claims referred to in section 16bis that may result in the registration of a mortgage, if they do not notify the social security contribution collectors:
1° by means of a procedure using computer technology, via the Social Security Crossroads Bank;
2° by any other means to sign the notice and give certain date to its consignment, when the consignment cannot be carried out in accordance with the 1°.
If the intended act has not passed within three months from the date of the shipment of the notice, the notice will be considered non-avenue.
§ 2. If the interest of the issuing agency requires it, it shall notify the notary before the expiry of the twelfth working day that follows the date of shipment of the notice referred to in § 1^er and by means of a procedure using IT techniques, through the Social Security Cross-Country Bank, the amount of claims that may result in the registration of the legal mortgage on the property under the act.
When the notification is not sent through a procedure using computer technology, social security contribution recipients are notified by any other means giving certain date to the notification and allowing to sign the notification.
§ 3. When the act referred to in § 1^er has passed, the notice referred to in § 2 shall be seized and arrested in the hands of the notary on the sums and values that he holds under the act on behalf of or for the benefit of the debtor of the receiving body of social security contributions.
In addition, if the sums and values so seized-and-arrested are less than all amounts due to registered creditors and opposing creditors, the notary must, under penalty of being personally responsible for the surplus, inform the receiving agencies of the contributions, no later than the first business day following the passage of the act:
1° by means of a procedure using computer technology, via the Social Security Crossroads Bank;
2° by any other means to sign the information and confer certain date on its consignment, when the consignment cannot be carried out in accordance with the 1°.
Without prejudice to the rights of third parties, the transcript or registration of the act is not enforceable to social security contribution collectors, if the registration of the legal mortgage takes place within eight working days after the sending of the information provided for in the preceding paragraph.
Inoperative with respect to the claims of the social security contributions receiving bodies notified pursuant to § 2, all unregistered claims for which seizure or opposition is exercised only after the expiry of the period provided for in paragraph 2.
§ 4. The registrations made after the period provided for in § 3, paragraph 3 or for the security of receivables that have not been notified, in accordance with § 2, are not subject to the mortgage creditor or to the purchaser who may require the release of the creditor.
§ 5. The liability of the notary under § 1^er and 3, may not exceed, as the case may be, the value of the alienated property or the amount of the mortgage registration, deducting from the sums and values seized-arrested in its hands.
§ 6. §§ 1^er 5 shall apply to any person authorized to give authenticity to the acts referred to in § 1^er.
§ 7. No act passed abroad and intended for the alienation or mortgage assignment of a building, ship or ship shall be admitted to Belgium, to the transcript or to the registration in the registers of a mortgage preserver, if accompanied by a certificate from the issuing agency.
This certificate must certify that the owner or usufruitier is not obligated to the issuing agency or that the legal mortgage guaranteeing the amounts due has been entered.
§ 8. Public officials or departmental officials responsible for publicly selling furniture with a value of at least 250 euros are personally responsible for the payment of the sums due at the time of sale to social security contribution collectors by the debtor concerned by the seizure, if they do not notify the social security contribution collectors, no later than two working days after the sale:
1° by means of a procedure using computer technology, via the Social Security Crossroads Bank;
2° by any other means to sign the notice and give certain date to its consignment, when the consignment cannot be carried out in accordance with the 1°.
Public officials or departmental officers responsible for the distribution by contribution of the seized-and-arrested moneys, as defined in section 1627 of the Judicial Code, are personally responsible for the payment of the sums due to the receiving agency of the contributions by the debtor at the time of the distribution by contribution, if, before doing so, they do not notify the receiving bodies of social security contributions:
1° by means of a procedure using computer technology, via the Social Security Crossroads Bank;
2° by any other means to sign the notice and give certain date to its consignment, when the consignment cannot be carried out in accordance with the 1°.
The notification of the amount of the amounts due by the receiving agency of the contributions, by means of a procedure using the IT techniques, no later than before the expiry of the twelfth working day following the date of shipment of the notice referred to in the preceding paragraphs, shall take precedence in the hands of public officials or ministerial officers referred to in paragraph 1^er.
When the notification is not sent through a procedure using computer technology, social security contribution recipients are notified by any other means giving certain date to the notification and allowing to sign the notification.
The provisions of this paragraph shall apply to public officials or ministerial officers responsible for the sale of furniture in accordance with articles 1526 bis and following of the Judicial Code.
§ 9. By means of the debtor's agreement, banks subject to the Act of 22 March 1993 relating to the status and control of credit institutions, companies subject to Royal Decree No. 225 of 7 January 1936 regulating mortgages and arranging the control of mortgage companies, as well as mortgage companies subject to the Law of 4 August 1992 on mortgage credit, are authorized to address only by registered letter to the post, the notice provided § 1^er and qualified to receive the notification referred to in § 2.
The delivery of a certificate by these organizations to the notary in respect of the delivery of the notice and the follow-up given by the receiving agency(s) of the contributions, substitutes the liability of the organizations referred to in paragraph 1^er To the notary.
§ 10. In cases where the notice referred to in §§ 1^er and 8 is sent by means of a procedure using the IT techniques, the date of sending of the said notice is the date of the acknowledgement of receipt communicated by the Banque-carrefour de la sécurité sociale, after receipt by the latter of the acknowledgement of receipt from the receiving agency of social security contributions or the competent service to receive and transmit this notice.
In cases where the information referred to in § 3 and the notifications referred to in §§ 2 and 8 are sent through a procedure using the IT techniques, the date of this information and notifications is that of their consignment.
§ 11. The information contained in the notices, information and notifications is identical that they are transmitted by means of a procedure using computer techniques or by any other means giving certain date to the shipment and allowing to sign them.
When sent by any other means giving certain date to the shipment and allowing to sign them, such notices, information and notifications shall be prepared in accordance with the models agreed by the Minister of Average Classes or his delegate who, if any, designates the competent services to receive and transmit such notices, information and notifications.
When sending the notices, information and notifications mentioned above, addressed to or from the receiving agency, the persons concerned are identified by means of the identification number referred to in Article 8 of the Act of January 15, 1990 relating to the institution and organization of a Social Security Crossroads, as well as the identification number referred to in Article 5 of the Act of January 16, 2003
The King regulates the application of §§ 7 and 9.
§ 12. Where the notice referred to in §§ 1^er and 8 is not introduced by a procedure using computer techniques, the information and notifications consecutive to this notice cannot be sent according to this procedure but only by any other means giving certain date to their consignment and allowing to sign them.
When the notification referred to in §§ 2 and 8 is not filed by a procedure using the IT techniques, the information resulting from this notification cannot be sent according to this procedure but only by any other means giving certain date to its consignment and allowing to sign it.
Where the use of another means is implemented, the notice, information or notification sent by that other means presumes that the same notice, information or notification may be sent by the same procedure using the IT techniques as long as the date of the computer sending differs from the date of the sending by any other means as referred to in the preceding paragraph.
§ 13. The origin and integrity of the contents of the notices, information and notifications referred to in §§ 1^er, 2, 3 and 8, if sent through a procedure using computer technology, must be ensured by means of appropriate protection techniques.
§ 14. In order for the notifications referred to in §§ 2 and 8 to be validly entered and discontinued when sent through a procedure using the IT techniques, they must be carried with an electronic signature, implemented according to one of the following techniques:
- creation of an electronic signature using a Belgian identity card;
- creation of a digital signature using a private key granted to a competent official or to the person designated for that purpose by the board of directors of the issuing agency, and accompanied by a certificate issued to that employee or to that designated person, where both the private key and the certificate are stored in a secure manner in the computer's memory;
- creation of a digital signature using a private key granted to an institution and accompanied by a certificate issued to that institution, where both the private key and the certificate are stored securely in the memory of a computer;
- creation of an advanced electronic signature within the meaning of Article 2, 2°, of the Act of 9 July 2001 establishing certain rules relating to the legal framework for electronic signatures and certification services.
Regardless of the technique applied, it is guaranteed that only authorized persons have access to the means with which the signature is created.
The procedures must also allow the physical person responsible for the shipment to be properly identified, as well as to correctly identify the time of the shipment.
This data must be retained by the sender for a period of ten years and, in the event of a dispute, must be produced within a reasonable time. "
Art. 97. In section 116 of the Act of 20 July 2005 on various provisions, as amended by the Act of 27 December 2005, paragraphs 4 and 5 are repealed.
Art. 98. This chapter comes into force on 1^er March 2007.
Article 23ter of the aforementioned Royal Decree of 27 July 1967, as replaced by Article 96, is applicable on 1^er March 2007 in the head of notaries and persons authorized to give authentication to acts of alienation and mortgage assignment, with regard to the obligation to notify and inform the receiving bodies of social security contributions, in respect of acts that will be passed on 16 April 2007.
CHAPTER IV. - Family allowances
Section 1^re. - Family Allowance Fund for the payment of family allowances for certain subsidized contractual agents
Art. 99. Article 101, paragraph 3, 6°, of the co-ordinated laws of 19 December 1939 relating to the family allowances for employed workers, inserted by the law of 22 December 1989, is supplemented by the words "not entitled to the said dependency benefits of the special credit union referred to in Article 32. "
Art. 100. Section 99 comes into force on the first day of the quarter following that in which this Act was published in the Belgian Monitor.
However, there is no longer any regulation of accounts between the special credit union referred to in section 32 of the co-ordinated laws of 19 December 1939 relating to family allowances for employed workers and the National Office, for family benefits paid by that credit union in contravention of the provisions of section 101, paragraph 3, 6°, of the same laws, as it existed before its amendment by this Act.
Section 2. - Federal Police
Art. 101. In the co-ordinated laws of 19 December 1939 relating to family allowances for employed workers, an article 32quinquies read as follows:
"Art. 32quinquies. The National Social Security Office of the Provincial and Local Government provides family benefits to staff of the operational framework and the administrative and logistical framework of the police services, within the meaning of Article 106 of the Law of 7 December 1998 organizing an integrated police service, structured at two levels, as well as to staff of the general inspection of the Federal Police and the local police, with the exception of the personnel referred to in Article 4, § 27
A protocol is concluded between the Agency and the Federal Police regarding the setting of the terms and conditions under which family benefits under the preceding paragraph and management fees are reimbursed to the Agency. "
Art. 102. The King sets the effective date of Article 101.
Section 3. - Payment of family allowances to staff of certain public interest organizations
Art. 103. Article 15, § 3, of the Act of 28 April 1958 relating to the pension of staff of certain public bodies and their beneficiaries is replaced by the following provision:
Ҥ3. Organizations of public interest shall grant to their final or interns who are entitled to the pension scheme provided for in this Act, a holiday toll, a family holiday toll, and, provided that such workers are not entitled to such family benefits under the special credit union referred to in article 32 of the coordinated laws of 19 December 1939 relating to family allowances for wage workers, family allowances and birth allowances, of an amount equal to those of the same "
Section 4. - Method of payment of family allowances
Art. 104. Section 68, paragraph 2, of the co-ordinated laws of 19 December 1939 relating to family allowances for wage workers, as amended by the Act of 22 December 1989, the Act of 21 March 1991 and the Act of 24 December 2002, is replaced as follows:
"Family benefits are paid to the individual by transfer to his account to a credit institution as defined in section 1^er of the Act of 22 March 1993 on the Status and Control of Credit Institutions. Family benefits are paid by circular cheque if they cannot be paid by transfer due to technical or social circumstances. "
CHAPTER V. - Social status
Deputy Local Agents
Art. 105. Section 37quater of the Act of 29 June 1981 establishing the general principles of social security of employed workers, as amended by the Act of 20 July 2006, is replaced by the following provision:
"Art. 37quater. § 1^er. If persons who receive compensation for the exercise of an executive political mandate from a municipality, a public center of social action (cpas), a province, an association of communes or a association of cpas referred to in chapter XII of the organic law of the public centers of social action of 8 July 1976, or their substitutes are not subject to the law of 27 June 1969
§ 2. Persons who receive compensation for the exercise of an executive political mandate from a municipality, a public centre of social action (cpas), a province, an association of communes or a cpas association referred to in chapter XII of the Organic Law of the Public Social Action Centres of July 8, 1976, or their substitutes subject to the law of June 27, 1969
§ 3. The contributions of the worker and the employer referred to in Article 38, § 2, 2°, 3°, 4° and § 3, 2°, 3° and 4°, of this Act and Article 18 of the Royal Decree of 25 October 1985 carrying out Chapter 1^erSection 1 of the Act of 1^er August 1985 with social provisions, calculated on the amount of their full treatment, are reported and paid to the National Social Security Office of provincial and local governments.
§ 4. The King shall, by order deliberately in the Council of Ministers, establish the modalities for the execution of this provision. "
Art. 106. Article 2, § 1^er, paragraph 2, (d), laws relating to compensation for damage caused by occupational diseases, coordinated on 3 June 1970, as amended by the Act of 23 March 2001, are replaced for the following provision:
"(d) persons who receive compensation for the exercise of an executive political mandate from a municipality, a public centre for social action (cpas), a province, an association of communes or a cpas association referred to in chapter XII of the organic law of the public social action centres of 8 July 1976, and their substitutes, referred to in section 37quater of the law of 29 June 1981 establishing the general employees »
Art. 107. Article 2, § 1^erParagraph 2, (e), of the same laws, as amended by the Act of 23 March 2001, is repealed.
Art. 108. Section 3, paragraph 2, of the Family Allowance for Employees Acts, coordinated on 19 December 1939, amended by the Act of 23 March 2001, is replaced by the following provision:
"Communities, public social action centres (cpas), provinces, community associations and cpas associations referred to in chapter XII of the Organic Law of the Public Social Action Centres of 8 July 1976 are also subject to these laws for persons and their substitutes who receive remuneration for the exercise of an executive political mandate referred to in section 37quater of the Act of 29 June 1981 establishing the general principles of social security. "
Art. 109. In the same coordinated laws, section 32quater, inserted by the Act of 23 March 2001, is replaced by the following provision:
"Art. 32quater. The National Social Security Office of the Provincial and Local Government provides family benefits to persons who receive compensation for the exercise of an executive political mandate from a municipality, a public centre of social action (cpas), a province, an association of communes or a cpas association referred to in Chapter XII of the Organic Law of the Public Social Action Centres of 8 July 1976, and to their substitutes 37qua "
Art. 110. Section 4, 4°, of the Act of 10 April 1971 on Industrial Accidents, inserted by the Act of 23 March 2001, is replaced by the following provision:
"4° to persons who receive compensation for the exercise of an executive political mandate from a municipality, a public centre of social action (cpas), a province, a common association or a cpas association referred to in chapter XII of the organic law of the public social action centres of 8 July 1976 and their substitutes, referred to in article 37quater of the law of 29 June 1981 establishing the general social workers "
Art. 111. Section 4, 5°, of the same Act, inserted by the Act of 23 March 2001, is repealed.
Art. 112. Article 1^er of the Act of 3 July 1967 on the Prevention or Repair of Damage resulting from Industrial Accidents, Road Accidents and Occupational Diseases in the Public Sector, replaced by the Act of 20 December 1995, and amended by the Royal Decree of 3 April 1997, the Acts of 19 October 1998, 22 March 1999, 27 December 2000, 2 August 2002 and 22 December 2003 and the Royal Decree of 27 May 2004, are supplemented by the following paragraph:
« 12° To persons referred to in Article 37quater of the Law of 29 June 1981 establishing the general principles of social security of employed workers. "
Art. 113. This chapter comes into force on 1^er January 2007.
CHAPTER VI. - Social security contributions and deductions due to costs, additional benefits to certain social security benefits and disability benefits
Section 1^re. - Basics
Art. 114. For the purposes of this chapter, the following means:
1° "conventional prepension": the full-time prepension granted under the legislation concerning the conventional prepension referred to in Article 132 of the Law of 1^er August 1985 containing social provisions;
2° "Additional compensation in the context of conventional prepension": the supplementary allowance paid to a worker terminated in addition to the social allowances granted in the context of conventional prepension;
3° "Additional allowance to certain social security allowances": the supplementary allowance, other than that referred to in paragraph 2°, paid directly or indirectly by the employer to a worker in execution either of a collective labour agreement concluded within the National Labour Council or of a parity or sub-commission or in a company either of an individual agreement between the employer and the worker either of a unilateral undertaking of the employer and the worker
(a) benefits in the event of complete unemployment referred to in articles 100 to 105 of the Royal Decree of 25 November 1991 regulating unemployment;
(b) of the allowances, referred to in the following interruption allowances, granted in the event of a credit-time, a reduction in career and a reduction in half-time work benefits referred to in section 103quater of the Law of Recovery of 22 January 1985 containing social provisions;
4° "half-time prepension": the prepension granted in the context of the legislation concerning the mid-time prepension referred to in article 46 of the Act of 30 March 1994 containing social provisions;
5° "Additional compensation in the context of half-time prepension": the supplementary allowance paid to a worker in addition to the allowances granted in the context of half-time prepension;
6° "disability allowance": disability allowances granted under:
- the Compulsory Health Care and Compensation Insurance Act, coordinated on 14 July 1994;
- the Royal Decree of 24 October 1936 amending and coordinating the statutes of the Marine Relief and Provident Fund.
For the application of the 2°, 3° and 5°, it is not taken into account the form or denomination given to the supplementary allowance, the time or the periodicity of its payment, its method of calculation or payment, or the identity of the debtor. Any amount, paid to the beneficiary in addition to what is provided by law, is considered a portion of the supplementary allowance.
The supplementary allowance for certain social security allowances as defined in 3°, paid by a third party instead of the employer, is considered a supplementary allowance paid indirectly by the employer.
For the purposes of the 3rd, however, it is not considered to be a supplementary allowance to certain social security allowances, the compensation which is considered to be compensation under section 2, paragraph 3, 1°, c, of the Act of 12 April 1965 concerning the protection of the remuneration of workers and its enforcement orders.
For the purposes of the 3rd, only compensation awarded by an employer that falls within the scope of the Act of December 5, 1968 on collective labour agreements and parity commissions is considered.
Art. 115. § 1^er. Complementary compensation in the context of conventional pre-pension or supplementary allowance for certain social security benefits, as referred to in section 114, which continues to be paid for a period of resumption of work as an employee or as an independent worker, is always considered a supplementary allowance as defined in section 114, 2° and 3°.
§ 2. The supplementary allowance for certain social security allowances as referred to in section 114, which continues to be paid for a period where allowances are paid under the statutory or regulatory provisions for compulsory insurance against illness or disability or for maternity protection, is always considered to be a supplementary allowance to certain social security allowances as defined in section 114, 3°.
Art. 116. For the purposes of this chapter, a debtor shall mean any natural person, enterprise, organization or institution who, in the context of a foreseeance, a supplementary allowance to certain social security allowances or a disability allowance, as defined in section 114, shall pay a social security contribution or make a deduction on a social allowance or on a supplement to it. This is:
1° Each employer or agent who pays a worker or ex-worker a supplementary allowance, as referred to in section 114, 1°, 2° 3° and 5°;
2° Each company or institution to which the employer, by agreement between the parties, transfers its obligation to pay one of the additional benefits referred to in section 114. The bankruptcy of the employer does not relieve the person who has resumed the obligation to complete the agreement originally entered into;
3° The existence security fund identified by the employer and which, as part of an agreement entered into in the sector, partially or fully incorporates the employer's obligations to pay one of the additional benefits referred to in section 114;
4° The compensation fund for workers terminated in the event of a business closure that resumes the employer's obligation to pay one of the additional allowances referred to in section 114;
5° The National Mutual Unions and the Auxiliary Health and Disability Insurance Fund, which, authorized by sections 3 and 5 of the Compulsory Health Care and Compensation Insurance Act, coordinated on 14 July 1994, pay to ex-workers a disability allowance referred to in section 114, 6°;
6° The Mariner Relief and Allowance Fund, which, pursuant to the Royal Decree of 24 October 1936 amending and coordinating the Regulations of the Mariner Relief and Allowance Fund, pays to former workers a disability allowance referred to in section 114, 6°;
7° The payment agency for the daily amount of the unemployment benefit, which pays the beneficiary an unemployment benefit, referred to in section 114, 1°, section 114, 3°A or section 114, 5°;
8° The National Employment Board that pays the beneficiary an interruption allowance, referred to in section 114, 3b.
Section 2. - Corporate contributions
Sub-section 2.A. - Special patronal contribution
on Conventional Prepension
Art. 117. The debtors referred to in Article 116, 1° to 3°, are liable for a special employer fee on each supplementary allowance defined in Article 114, 2°.
Art. 118. § 1^er. The special employer fee referred to in section 117 is payable for each month for which a supplementary benefit under the conventional pension is paid. It is expressed as a percentage of the gross monthly amount of the supplementary allowance. This percentage varies depending on the age of prepension.
§ 2. The percentage of the employer contribution referred to in § 1^er rises to:
1° 30% for each month in which the prepension has not reached the age of 52 years;
2° 24% for each month in which the prepension, which is at least 52 years old, has not reached the age of 55 years;
3° 18% for each month in which the prepension, which is at least 55 years old, has not reached the age of 58 years;
4° 12% for each month in which the prepension, which is at least 58 years old, has not reached the age of 60;
5° 6 % in other cases.
§ 3. For prepensions that were occupied by employers in the non-market sector, as referred to in section 1^er, 1°, of the Royal Decree of 18 July 2002 on measures to promote employment in the non-market sector, the percentage of the special employers' contribution is, by derogation from the provisions of § 2, reduced to:
1° 5% for each month in which the prepension has not reached the age of 52 years;
2° 4% for each month in which the prepension, which is at least 52 years old, has not reached the age of 55 years;
3° 3% for each month in which the prepension, which is at least 55 years old, has not reached the age of 58 years;
4° 2% for each month in which the prepension, which is at least 58 years old, has not reached the age of 60.
§ 4. The King may, by a deliberate decree in the Council of Ministers, assimilate employers in the public sector to employers in the non-marchand sector referred to in § 3, paragraph 1^er.
Sub-Section 2.B. - Special employers' contribution on supplementary compensation to certain social security benefits
Art. 119. The debtors referred to in Article 116, 1° to 3°, are liable for a special employer fee on each supplementary allowance defined in Article 114, 3°.
Art. 120. § 1^er. The special employer fee referred to in section 119 is payable for each month for which a supplementary benefit to certain social security benefits is paid. It is expressed as a percentage of the gross monthly amount of the supplementary allowance.
§ 2. The percentage of the special employer contribution referred to in § 1^er is 32.25 per cent.
Sub-section 2.C. - Compensatory special employers' contribution on supplementary compensation as part of conventional prepension
Art. 121. On the supplementary allowance within the framework of the conventional prepension referred to in Article 114, 2°, and which is granted in accordance with a collective labour agreement concluded pursuant to Article 23 of the Law of 26 July 1996 on the promotion of employment and the prevention of competitiveness and Article 110, § 1^erParagraph 1^er, of the Act of 26 March 1999 on the Belgian employment action plan 1998 and bringing various provisions, the debtors referred to in Article 116, 1° to 3°, are liable for a special compensatory monthly fee up to and including the month in which the beneficiary of the supplementary allowance reaches the age of 58 years.
Art. 122. § 1^er. The amount of the monthly special countervailing fee referred to in section 121 is set by beneficiary of the supplementary allowance to 50% of that allowance.
§ 2. This percentage is reduced to 33% for the recipient of the supplementary allowance, which is replaced by an indemnified complete unemployed person with this status for at least 1 year.
Sub-section 2.D. - Common provisions
sub-sections 2.A to 2.C
Art. 123. § 1^er. Where each debtor pays a supplementary allowance or a portion of the supplementary allowance, each debtor is liable for the special employer contributions referred to in sections 117 and 119, as well as for the special countervailing employer contribution referred to in section 121, on the compensation or part of the compensation he pays.
§ 2. By derogation from § 1^er, a collective labour agreement concluded within a parity body may provide that all employers' contributions are paid by a single debtor who is to be either the employer or a security of existence fund established in accordance with the Act of January 7, 1958 concerning the security of existence funds.
Art. 124. § 1^er. The King may, by a deliberate decree in the Council of Ministers, amend the percentages referred to in Article 118, §§ 2 and 3, Article 120, § 2, and Article 122, §§ 1^er and 2.
§ 2. The King may, by a deliberate order in the Council of Ministers, determine lump sums in lieu of percentages for cases where per cent contributions cannot be calculated by lack of data that must be communicated by the debtor to the National Employment Office, in accordance with Article 143, § 1^er.
§ 3. The King may, by a deliberate decree in the Council of Ministers, provide for minima if the amount obtained under Article 118, §§ 2 and 3, or Article 120 § 2, is less than the amount determined by the King.
§ 4. The King may, by a deliberate decree in the Council of Ministers, in accordance with the criteria set out in § 5, grant a waiver of payment or increase or decrease the contributions referred to in Articles 117 and 119, by multiplying them by a factor which He determines
§ 5. The criteria, which the King may use to adapt the amount of contributions in accordance with § 4, are as follows:
1° The basis on which the additional allowances referred to in Article 114, 2°, 3° or 5° are granted:
(a) a collective labour agreement concluded within the National Labour Council,
(b) a collective labour agreement entered into within a joint commission or joint subcommission, which is applicable to all enterprises within the scope of the joint commission or the joint subcommission,
(c) a collective labour agreement concluded within a joint commission or joint subcommission that is not applicable to all undertakings within the scope of the joint commission or the joint subcommission,
(d) a collective labour agreement or collective agreement entered into within the company,
(e) an individual agreement between the employer and the worker;
(f) or a unilateral undertaking by the employer;
2° the age of the worker at the time of the first granting of the supplementary allowance referred to in section 114, 2°, 3° or 5°;
3° the amount of the supplementary allowance referred to in section 114, 2° or 3°, taking into account the maximum benefit that the worker could benefit without the need for the conditions to benefit from this maximum benefit to be actually fulfilled;
4° the date of the agreement, agreement or undertaking referred to in 1° on which the supplementary allowance referred to in Article 114, 2°, 3° or 5° is based;
5° the date of the first award of the supplementary allowance referred to in Article 114, 2°, 3° or 5° to the worker;
6° the fact that the agreement, agreement or undertaking referred to in 1° and on which the supplementary allowance defined in section 114, 2° or 3° is based, explicitly or not provides that the supplementary allowance shall continue to be paid in the event of a worker's resumption of work, or to another employer other than that who is required to pay directly or indirectly the supplementary allowance referred to in section 114, 2°
7° the fact that the worker has taken over the work in the month in question, either at another employer or at the employer who is obliged to pay directly or indirectly the supplementary allowance as defined in section 114, 2° or 3°, or as an independent worker.
§ 6. The King determines, by a deliberate decree in the Council of Ministers, the conditions under which the supplementary allowance that continues to be paid during a period of worker's resumption of work is not considered to be a supplement to a social allowance, but as a salary within the meaning of the law of 12 April 1965 concerning the protection of workers' wages.
Art. 125. § 1^er. The debtors, referred to in section 116, 1 to 3°, report on a quarterly basis both the special employers' contributions referred to in sections 117 and 119, and the special compensatory employers' contribution referred to in section 121 and to the Institute for the Collection of Social Security Contributions.
§ 2. Each quarter, the three-month premiums for the quarter are reported. These contributions are assimilated to social security contributions, in particular with respect to declarations with justification of contributions, payment deadlines, application of civil sanctions and criminal provisions, supervision, determination of the competent judge in the event of a dispute, limitation of action in court, privilege and disclosure of the amount of debt of the institution charged with the collection and collection of contributions.
Section 3. - Contributions of workers, deducted on social allowance or supplementary allowance
Sub-section 3.A. - Sustained by the employer or its replacement on the supplementary allowance as part of a conventional pension or on the supplementary allowance to certain social security benefits
Art. 126. § 1^er. On the supplementary allowance, to:
1° Article 114, 2°;
2° Article 114, 3°;
3° Article 114, 5°;
a social security deduction is established for 3.5 per cent of the total social allowance and supplementary allowance, to be paid by the recipient of the supplementary allowance.
§ 2. The King may, by a deliberate decree in the Council of Ministers, determine a lump sum in lieu of the percentage referred to in § 1^erfor cases where the deduction per cent cannot be calculated as a result of the absence of the data that must be communicated by the debtor to the National Employment Office, as provided for in Article 143, § 1^er.
§ 3. The debtor of the supplementary compensation referred to in Article 116, 1° to 4°, is considered to be debtor of the deduction referred to in § 1^er. The debtor is civilly responsible for this deduction, as well as for its declaration and payment.
§ 4. Where each debtor pays a supplementary allowance or a portion of the supplementary allowance, each debtor is liable to a portion of the deduction referred to in § 1^er. The King determines, by a deliberate decree in the Council of Ministers, part of the overall deduction of which each debtor is responsible.
§ 5. By derogation from § 4, a collective labour agreement concluded within a parity body may provide that the entire deduction referred to in § 1^er is paid by a single debtor who is responsible for the entire deduction. The designated debtor must be either the employer or an existing security fund established in accordance with the Act of January 7, 1958 concerning the existence security funds.
Art. 127. § 1^er. Deductions referred to in Article 126, § 1^er, are calculated on the sum of the social allowance and the supplementary allowance.
For the purposes of the preceding paragraph, the monthly average amount of the social allowance and the gross monthly amount of the supplementary allowance shall be taken into account.
§ 2. The monthly average amount of the social allowance is as follows:
1° for social allowances referred to in Article 114, 2°, 3°A and 5°, if it is a complete unemployed person referred to in Article 100 of the aforementioned Royal Decree of 25 November 1991, or a half-time prepension, the average monthly amount of the unemployment allowance that corresponds to 26 unharmed days;
2° for social allowances referred to in Article 114, 2° and 3°A if it is a complete unemployed person referred to in Article 103 of the above-mentioned Royal Decree of 25 November 1991, the average monthly amount of the unemployment benefit that corresponds to a number of half-allocations obtained by multiplying the number of half-allocations per week fixed under this Article 103 by 4.33. The decimal fraction of the result obtained is rounded either to the upper unit or to the lower unit according to whether or not it reaches 0.50;
3° for social allowances referred to in Article 114, 3°b, the monthly amount of interruption allowances.
§ 3. For the purposes of § 2, 1° and 2°, the full amount of the social allowance shall be taken into account before any deduction for the purpose of seizing, disposing or applying any scheme of social contributions or pre-payment.
However, for the purposes of § 2, it is taken into account the amount of the social allowance obtained after the application of Article 130, § 2, of the Royal Decree of 25 November 1991 concerning the regulation of unemployment.
§ 4. For the deduction referred to in section 126, § 1^er, 1°, the average gross monthly amount of the supplementary allowance is as follows:
1° if the supplementary allowance is paid in instalments of the first month for which the supplementary allowance is awarded up to the month in which the prepension reaches the age of 65, the monthly gross amount is equal to the gross amount of the instalment;
2° if the supplementary allowance is paid according to another method of payment than the one referred to in 1°, the monthly gross amount is equal to the total amount that is due for the total period to which that amount(s) has(are) treated, divided by the number of months, counted from the first month for which the supplementary allowance is awarded up to the month in which the pension reaches the age of 65
§ 5. For the deduction referred to in section 126, § 1^er, 2°, the average gross monthly amount of the supplementary allowance is as follows:
1° if the supplementary allowance is paid in a number of instalments greater than 12, the monthly gross amount is equal to the gross amount of the instalment;
2° if the supplementary allowance is paid in a single time or in a number of instalments that are not more than 12, the monthly gross amount is equal to the total amount that is due for the total period to which the amount relates, divided by the number of months, counted from the first month for which the supplementary allowance is awarded up to the month preceding that in which the beneficiary reaches the age of 65.
§ 6. For the purposes of §§ 4 and 5, the age of 65 is, for female beneficiaries, until December 31, 2008, replaced by the age of 64.
For the application of § 4, 2° and § 5, 2°, it is taken into account the maximum theoretical amount to which the entitled person may claim. It is not taken into account the modification of this amount following the application of revalorization or indexing mechanisms.
§ 7. For the deduction referred to in section 126, § 1^er, 3°, the average gross monthly amount of the supplementary allowance is equal to the gross amount of the instalment.
Art. 128. § 1^er. Each debtor who makes a deduction declares it and pays it quarterly to the Institute for the Collection of Social Security Contributions.
§ 2. The provisions of section 125, relating to employer contributions, are also applicable to the deduction referred to in section 126.
Art. 129. § 1^er. The King may, by a deliberate order in the Council of Ministers, in accordance with the criteria set out in § 2, grant a waiver of payment or increase or decrease the deduction referred to in Article 126, § 1^er, by multiplying it by a factor it determines.
§ 2. The criteria that the King may use to adapt the amount of the deduction in accordance with § 1^er, are the same as those referred to in Article 124, § 5, for employer contributions.
Art. 130. § 1^er. In this article, "family charge" means the family charge within the meaning of Article 110 of the Royal Decree of 25 November 1991 concerning the regulation of unemployment.
§ 2. The deduction referred to in section 126 may not be as a consequence that the total amount of the social security allowance granted, increased from the total sum of the supplementary allowances, is reduced to an amount less than 938.50 euros per month for a beneficiary of the allowance and allowance, without family charge, or to an amount less than 1130.44 euros per month for a beneficiary of the allowance and allowance with the allowance. If necessary, the amount of the deduction is limited until this condition is met.
§ 3. In case the social allowance referred to in § 1^er is an allowance in the context of a half-time pension referred to in section 114, 4°, or an allowance granted in the context of the reduction of half-time work benefits referred to in section 103quater of the law of recovery of January 22, 1985 containing social provisions, the minimum amounts of § 1^er are reduced from half to 469.25 euros for a beneficiary without a family charge and 565.22 euros for a beneficiary with a family charge.
§ 4. The King determines the practical terms and conditions of this limitation, including in the event that several debtors have to make a deduction.
§ 5. The amounts fixed in §§ 1^er and 2 evolve over time by automatic indexing and revalorization. Whenever a new amount has to be fixed, the amounts referred to in §§ 1 shall be returned.^er and 2 apply first of all the successive indexations that occurred over time, without intermediate boroughs. The result of this calculation is rounded arithmeticly to the nearest eurocent, thus 0.5 cent is rounded up. Then, all successive upgrades that occurred over time are applied to this rounded amount, also without intermediate boroughs. The amount thus obtained is rounded arithmeticly to the nearest eurocent, thus 0.5 cent is rounded up. This rounded amount is the new amount to be used.
Art. 131. § 1^er. The amounts referred to in Article 130, § 2, are related to the Pivot Index 103.14, effective 1^er June 1999 (base 1996 = 100).
§ 2. These amounts are adjusted in accordance with the provisions of the Act of 2 August 1971, which organized a linkage regime to the index of prices for the consumption of salaries, wages, pensions, allowances and subsidies of the Public Treasury, certain social benefits, as well as social obligations imposed on independent workers.
This adaptation is applied from the day fixed by Article 6, 3°, of the aforementioned law. New amounts are obtained by increasing the base amounts by a multiplier equal to 1.0200ⁿ, where the rank of the Pivot Index is not reached, without an intermediate borough. The pevot index which follows the one mentioned in § 1^eris considered to be rank 1. The multiplier is expressed in units, followed by 4 digits. The fifth digit after the comma is deleted and results in an increase in the previous number of a unit when it reaches at least 5.
Art. 132. The minimum amounts for the whole social allowance and supplementary allowance, referred to in Article 130, § 2, are the amounts valid for the year 2000. From 1^er January 2001, these amounts are increased on the first day of each calendar year by multiplication using the coefficients set by the National Labour Council for the revalorization of the gross monthly compensation ceiling and supplementary compensation. For the year 2002, this is done by multiplying by 1.010 times 1.012 the amount fixed for the year 2000. 1^er January of each following year, this series is supplemented by the multiplication by the new coefficient applicable to the costs that have started for at least one year.
Art. 133. § 1^er. The National Employment Board shall transmit to the Institute for the Collection of Social Security Contributions the data it has and the Institute for the Collection is required for the monitoring of the deduction declaration referred to in section 126.
§ 2. The King shall determine, by a deliberate decree in the Council of Ministers, the content and modalities of the transfer of data referred to in § 1^er.
§ 3. As part of the deduction referred to in Article 126, § 1^erwhere social benefits are unemployment benefits, the payment agencies referred to in Article 116, 7°, shall communicate to the debtor of the deduction referred to in Article 126, § 2, the data necessary for the calculation of that deduction, including the amount of the unemployment benefit and the data relating to the family charge of the beneficiary, as defined in Article 130, § 1^er.
§ 4. As part of the deduction referred to in Article 126, § 1^er, where social allowances are interruption allowances, the National Employment Office shall communicate to the debtor of the deduction referred to in section 126, § 2, the data necessary for the calculation of that deduction, including the amount of the interruption allowance and the data relating to the family charge of the beneficiary, as defined in section 130, § 1^er.
§ 5. From a date to be determined at a later date, the Institution to which the debtor must declare and pay the deduction, shall quarterly put the data referred to in § 1^erat the disposal of the debtor. The King shall determine, by a deliberate decree in the Council of Ministers, the date from which and the form in which such data shall be made available. As soon as this system starts, the obligations referred to in §§ 3 and 4.
Sub-Section 3.B. - Disability Allowance
Art. 134. § 1^er. A 3.5 per cent deduction of disability benefits under section 114, 6° is introduced.
§ 2. This deduction shall be made by the debtor of the disability allowances referred to in Article 116, 5° and 6°, at each payment of these. The debtor is civilly responsible for the deduction and its declaration and payment.
§ 3. The calculation of the deduction referred to in § 1^er is done on a daily basis.
Art. 135. § 1^er. The deduction referred to in section 134 shall be paid to the National Pension Board by the debtors defined in section 116, 5° and 6°, during the month following the month in which it was operated.
Each debtor who fails to pay the deduction in time is in addition liable for an increase and interest in delay, the amount and conditions of application are fixed by the King. However, the supplement cannot be more than 10% of the deduction due.
§ 2. Each debtor is required to register with the above-mentioned Agency and to provide all information justifying the amounts due and to provide all supporting statements of the amounts due.
§ 3. At the request of the Agency referred to above, the National Institute of Disability Health Insurance provides any information that is useful for the control of the debtor's statement.
§ 4. The King sets out the lump sum allowance that is payable in the event that the debtor does not respect the obligation of information imposed on him.
§ 5. The King shall designate public servants who shall ensure the performance of the deduction referred to in section 134. It also sets out other execution modalities.
Art. 136. The deduction referred to in section 134 may not have the effect of reducing the amount of disability allowances to a daily amount less than 36.10 euros for non-family beneficiaries and 43.48 euros for beneficiaries with family charge. If necessary, the amount of the deduction is limited until this condition is met.
§ 2. The amounts mentioned in § 1^er, are indexed and revalued as provided for in articles 137 and 138.
Art. 137. The King may, by a deliberate order in the Council of Ministers, revalue the minimum amounts referred to in section 136.
Art. 138. § 1^er. The amounts referred to in Article 136, § 1^er, are linked to the pevot index 103.14, effective 1^er June 1999 (base 1996 = 100).
§ 2. These amounts are adjusted in accordance with the provisions of the Act of 2 August 1971, which organized a linkage regime to the index of prices for the consumption of salaries, wages, pensions, allowances and subsidies of the Public Treasury, certain social benefits, as well as social obligations imposed on independent workers.
This adaptation is applied from the day fixed by Article 6, 3°, of the aforementioned law. New amounts are obtained by increasing the base amounts by a multiplier equal to 1.0200ⁿ, where the rank of the Pivot Index is not reached, without an intermediate borough. The pevot index which follows the one mentioned in § 1^eris considered to be rank 1. The multiplier is expressed in units, followed by 4 digits. The fifth digit after the comma is deleted and results in an increase in the previous number of a unit when it reaches at least 5.
When the amount calculated in accordance with the preceding paragraphs consists of a fraction of one hundred, it is rounded to the higher or lower one, depending on whether the fraction reaches or does not reach 0.5.
Art. 139. § 1^er. The claims of the National Pension Board are prescribed by three years from the date of payment of the social allowance. The actions against the above-mentioned Agency in repetition of undue deductions are prescribed by three years from the date on which the deduction was paid.
For the period 1^er January 2007 to December 31, 2008, the words "three years" mentioned in paragraph 1^er are replaced by the words "five years".
If, however, the shares relate to deductions on disability allowances awarded in an instalment, the limitation period only begins on the date on which the insurer was notified that another compensation is granted. To interrupt the prescription, a recommended letter to the post is sufficient.
§ 2. When the recovery of the amounts due to it is too random or too expensive in relation to the amount of the amounts to be recovered, the Agency may, within the limits of a regulation established by its management committee and approved by the Minister who has the pensions in his or her powers, waive the recovery of these amounts by force.
§ 3. The Agency may, in relation to the application of this subsection, transfer.
Sub-section 3.C. - Retained on a social allowance - other than a disability allowance - by the payment agency of the disability allowance
Art. 140. § 1^er. A deduction of 3% of the worker's dependant social security, on the whole social allowance and supplementary allowance, is introduced as follows:
1° the conventional prepension, referred to in Article 114, 1°;
2° the supplementary allowance for certain social security allowances referred to in Article 114, 3°.
§ 2. The deduction referred to in § 1^er is not due to the costs that took place before 1^er May 1994.
§ 3. The percentage of the deduction referred to in § 1^er is set at 1 per cent for costs incurred after 30 April 1994 and before 1^er January 1997 as well as the costs that took place after 31 December 1996 when workers were informed of their dismissal before 1 December 1996^er November 1996 or when workers were informed of their termination after October 31, 1996, but were terminated pursuant to section III of the Royal Decree of December 7, 1992 on the granting of unemployment benefits in the event of conventional prepension, provided that recognition as a company in difficulty or restructuring was issued before 1^er November 1996.
§ 4. A deduction of 1% of the worker's dependant social security is established, on the whole of the social allowance and the supplementary allowance, as part of the mid-time pension, referred to in section 114, 4°.
§ 5. The deductions referred to in §§ 1^er3 and 4 are carried out on the social allowances referred to in §§ 1^er and 4.
§ 6. If the social allowance referred to in § 1^er§ 3 or § 4 is an unemployment benefit, the deduction is made by the debtor referred to in Article 116, 7°.
§ 7. If the social allowance referred to in § 1^er or § 3 is an interruption allowance, referred to in Article 114, 3°b, the deduction shall be made by the debtor referred to in Article 116, 8°.
Art. 141. § 1^er. The deductions referred to in Article 140, §§ 1^er3 and 4 are calculated on the sum of the social allowance and the supplementary allowance.
For the purposes of the preceding paragraph, the monthly average amount of the social allowance and the gross monthly amount of the supplementary allowance shall be taken into account.
§ 2. The average monthly amount of the social allowance and the average gross monthly amount of the supplementary allowance shall be fixed as provided for in Article 127, §§ 2 to 7.
Art. 142. § 1^er. The deductions referred to in Article 140, §§ 1^er, 3 and 4 are accumulated with the deductions referred to in section 126, § 1. Deductions referred to in Article 126, § 1^er, have priority over the deductions referred to in Article 140, §§ 1^er3 and 4; Thus, the latter will only be applied to the extent of financial opportunities.
§ 2. Accumulation of deductions referred to in Article 126, § 1^er and deductions referred to in Article 140, §§ 1^er, 3 and 4, may not have as a consequence that the total amount of the social security allowance granted, increased from the total sum of the supplementary allowances, is reduced to less than the amounts referred to in Article 130, §§ 2, 3 and 5, automatically indexed and revalued as provided for in Articles 131 and 132. If necessary, the amount of the deduction referred to in Article 140, §§ 1^er, 3 or 4, is limited or reduced to zero until this condition is met.
Art. 143. § 1^er. As part of the deduction referred to in Article 140, §§ 1^er, 3 and 4, the debtor of the supplementary allowance shall communicate to the National Employment Office the data necessary for the calculation of this deduction, including:
1° the average gross monthly amount of the supplementary allowance as set out in Article 127, §§ 4 to 7;
2° the reference month that was used as the basis for calculating this allowance;
3° any modification of this data, with the exception of the amendments resulting from an indexation or revalorization as referred to in Article 8 of the Labour Collective Agreement No. 17 of 19 December 1974, entered into within the National Labour Council and made obligatory by the Royal Decree of 16 January 1975.
§ 2. As part of the deduction referred to in Article 140, §§ 1^er, 3 and 4, the King determines the data that must be communicated to the National Employment Office by the worker whose social benefits are likely to be subject to deduction.
§ 3. As part of the deduction referred to in Article 140, §§ 1^er, 3 and 4, the King determines the data that must be communicated or exchanged between the payment agencies referred to in section 116, 7° and the National Employment Office.
§ 4. The King shall determine the terms of the communications and data transmissions provided for in §§ 1^er, 2, and 3.
§ 5. As part of the deduction referred to in Article 140, §§ 1^er, 3 and 4, the King determines the percentage of deduction to be made by the payment agencies of the social allowances referred to in Article 116, 7°, on these only allowances when the amount of the supplementary allowance is not communicated in accordance with § 2.
§ 6. The King may, by a deliberate order in the Council of Ministers, in accordance with the criteria set out in § 7, grant a waiver of payment or increase or decrease the deduction referred to in Article 140, §§ 1^er and 3, by multiplying it by a factor which He determines.
§ 7. The criteria that the King may use to adapt the amount of the deduction, as referred to in § 6, are the same as those referred to in Article 124, § 5, for employer contributions.
Sub-section 3.D. - Common provisions
subsections 3.A to 3.C
Art. 144. § 1^er. The King may, by order deliberately in the Council of Ministers, amend the percentages referred to in Article 126, § 1^erin Article 134, § 1^er and Article 140, §§ 1^er, 3 and 4.
§ 2. The King may, by order deliberately in the Council of Ministers, amend the minima referred to in Article 130, §§ 1^er and 2.
Section 4. - Final provisions
Art. 145. The proceeds of special employers' contributions referred to in sections 117 and 119 and of the special countervailing employers' contribution referred to in section 121, as well as the deductions referred to in sections 126, 134 and 140, are used for the financing of Global Management, referred to in section 21, § 2, of the Act of 29 June 1981 bearing the general principles of social security for workers.
Art. 146. Are repealed:
1° Royal Decree No. 33 of 30 March 1982 relating to a deduction on disability benefits;
2° Article 11 of the Act of 3 April 1995 on measures for employment;
3° Chapter IV of Part III of the Programme Law of 22 December 1989;
4° Section 1^re Chapter III of Part II of the Act of 29 December 1990 on social provisions;
5° Article 50 of the Act of 30 March 1994 on social provisions;
6° Article 67 of the Act of 21 December 1994 on social and other provisions;
7° Article 24 of the Act of 26 July 1996 on the promotion of employment and the prevention of competitiveness;
8° Article 111 of the law of 26 March 1999 on the Belgian plan of action for employment 1998 and bearing various provisions;
9° Chapter 5 of Part III of the Programme Law of 27 December 2004;
10° the royal decree of March 30, 1990 implementing certain provisions concerning the removal of a special dependant assessment from the employer on the conventional prepension;
11° the ministerial order of April 25, 1990 carrying out the royal decree of March 30, 1990 implementing certain provisions concerning the deduction of a special dependant assessment of the employer on the conventional prepension;
12° the Royal Decree of April 4, 1991 reducing the employer's special dependant assessment on conventional prepension;
13° the Royal Decree of 5 August 1991 on social security contributions of the special contribution referred to in Article 141, § 1^erthe Act of 29 December 1990 on social provisions;
14° the Royal Decree of 5 August 1991 exempting or reducing the employer's special dependant assessment on the conventional prepension for the employment and unemployment regime;
15° the ministerial order of December 13, 1991 reducing the employer's special dependant assessment on the conventional prepension for the employment and unemployment plan;
16° the Royal Decree of 8 January 1992 containing the rules relating to the payment of the special contribution referred to in Article 141, § 1^erthe Act of 29 December 1990 on social provisions, where the supplementary allowance is payable by several debtors;
17° the royal decree of 31 March 1994 of the execution of section 50 of the Act of 30 March 1994 on social provisions and on a deduction on prepensions;
18° Chapter II of the Royal Decree of 30 April 1999 implementing articles 110 and 111 of the Act of 26 March 1999 on the Belgian plan of action for employment 1998 and bringing various provisions;
19° the Royal Decree of 22 March 2006 introducing a special employers' social security premium on certain supplementary allowances pursuant to the Covenant of Solidarity between Generations and fixing the enforcement measures of Article 50 of the Act of 30 March 1994 on social provisions.
Art. 147. The provisions of the Royal Decree of 24 September 1982, which enforces Royal Decree No. 33 of 30 March 1982 relating to a deduction on disability benefits and pre-expenditures, applicable to the deduction on disability benefits and the ministerial order of 29 September 1982, which enforces the Royal Decree of 24 September 1982, which enforces Royal Decree No. 33 of 30 March 1982 relating to a deduction on allowances
Art. 148. This chapter comes into force on 1^er April 2007, with the exception of section 115, effective 1^er January 2007.
CHAPTER VII. - Harmonization of social security
Art. 149. In article 19bis of the Royal Decree of 10 June 2001 establishing a uniform definition of concepts relating to working time for the use of social security, pursuant to article 39 of the Act of 26 July 1996 on social security modernization and ensuring the viability of legal pension schemes, inserted by the Royal Decree of 5 November 2002, the words ", paragraph 1^er," are inserted between the words "article 5" and "laws".
Art. 150. An article 19ter, as follows, is inserted in the same order:
"Art. 19ter. "Senior evacuations" means the absence of work following a suspension of the performance of the employment contract due to annual holidays, as referred to in Article 5, paragraph 2, of the coordinated laws of 28 June 1971 relating to the annual holidays of employees. »
Art. 151. In article 47 of the same decree, the words "articles 1^er, 2 and 6bis are replaced by the words "articles 1 and 2".
Art. 152. Articles 149 and 150 come into force on 1^er January 2007.
Section 151 produces its effects on 1^er January 2003.
CHAPTER VIII. - Modernization of social security
Art. 153. In Article 3 of the Act of 24 February 2003 concerning the modernization of the management of social security and concerning electronic communication between enterprises and the federal authority, as amended by the laws of 22 December 2003 and 27 December 2005, a § 2bis is inserted, as follows:
Ҥ 2bis. The Management Committee defines the terms and conditions under which a registered letter communication may be validly carried out by a social security contribution collector by using a data communication using an electronic process.
The terms and conditions referred to in paragraph 1^er produce their effects only after their approval by the King and on the date fixed by that order.
Order approving the terms and conditions referred to in paragraph 1^er is published in the Belgian Monitor. The terms and conditions referred to in paragraph 1^er are published in the annex to the Royal Decree. "
Art. 154. § 3 of the same article is supplemented by the following paragraph:
"The communication made in accordance with the terms and conditions determined in accordance with § 2bis is assimilated to the sending of a recommended letter. "
CHAPTER IX. - More minus conto
Art. 155. § 1^er. The limitation periods referred to in § 2 begin to run only at the end of the extended reference period referred to in section 210, where the persons who may avail themselves of it fall within the scope of Chapter XI of Title XIII Employment.
§ 2. The limitation periods referred to in § 1^er are the following:
1° Article 39, paragraph 1^erthe Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers, as amended by the laws of 4 August 1978, 29 April 1996 and 3 July 2005;
2° Article 42, paragraph 1^erthe same law, as amended by the laws of 4 August 1978, 29 April 1996 and 3 July 2005 and 42, paragraph 2, as amended by the laws of 29 April 1996 and 3 July 2005;
Article 12, § 4, paragraph 1^er and 2, of the Decree-Law of 7 February 1945 concerning the social security of the sailors of the merchant marine, as amended by the laws of 1^er August 1985, 29 April 1996 and 3 July 2005;
4° Article 12bis, § 5, paragraph 1^erthe same Decree-Law inserted by the Law of 11 July 1956 and amended by the Laws of 1^er August 1985, 29 April 1996 and 3 July 2005;
5° Article 6, paragraph 1^er and 2, Act of 1^er August 1985, amending by Royal Decree No. 502 of 31 December 1986 and the laws of 22 December 1989, 20 July 1991, 29 April 1996 and 3 July 2005;
6° Article 121 of the co-ordinated laws relating to family allowances for employed workers, as amended by the Royal Decree of 25 October 1960 and the laws of 10 October 1967, 29 April 1996 and 3 July 2005;
7° Article 155, paragraph 7, of the same coordinated laws, inserted by the law of 29 April 1996 and amended by the law of 3 July 2005;
8° Article 59, paragraphs 4 and 5, of the laws relating to compensation for damage caused by occupational diseases coordinated on 3 June 1970, as amended by the laws of 29 April 1996 and 3 July 2005;
9° Article 69, paragraph 3, of the Act of 10 April 1971 on industrial accidents, amended by the laws of 1^er August 1985, 29 April 1996 and 3 July 2005;
10° Article 3, paragraph 1^er, Royal Decree No. 33 of 30 March 1982 relating to a deduction on disability allowances amended by Royal Decree No. 52 of 2 July 1982 and the laws of 29 April 1996 and 3 July 2005;
11° Article 137, paragraphs 1^er and 2, of the Law of 22 January 1985 of Recovery containing social provisions, amended by the Royal Decree of 19 May 1995 and the Laws of 24 December 1999 and 3 July 2005.
Art. 156. This chapter comes into force on 1^er January 2007.
PART XII. - Pensions
Colonial and overseas social security
CHAPTER I^er. - Amendment to the law of 16 June 1960 placing under the guarantee of the Belgian State the bodies managing the social security of the employees of the Belgian Congo and the Ruanda Urundi and guaranteeing by the Belgian State social benefits insured in favour of them
Art. 157. In Article 18bis, § 1^er, of the law of 16 June 1960 placing under the guarantee of the Belgian State the bodies managing the social security of the employees of the Belgian Congo and the Ruanda Urundi and guaranteeing by the Belgian State the social benefits insured for them, inserted by the law of 13 April 1965 and amended by the laws of 22 February 1971 and 29 April 1996, are made the following amendments:
1° the words "Article 3, c" are replaced by the words "Article 3, § 1^erParagraph 1^er(c)
2° the words "Article 62, paragraph 7" are replaced by the words "Article 62, §§ 3-5".
CHAPTER II. - Amendment to the Act of 17 July 1963
related to overseas social security
Art. 158. Section 17, paragraph 2, of the Act of 17 July 1963 on overseas social security, replaced by the Act of 27 May 1983, is replaced by the following paragraph:
"The King may, by order deliberately in the Council of Ministers, increase or decrease the percent provided for in paragraph 1^er. "
Art. 159. Article 18, § 1^erthe Act, amended by the Acts of 16 February 1970, 22 February 1971, 20 July 1990, 21 December 1994, 9 July 2004 and 20 July 2006, is supplemented by the following paragraph:
"The King may, by order deliberately in the Council of Ministers, increase or decrease the percent provided for in paragraph 1^er(a) and (b). "
Art. 160. In section 20 of the Act, replaced by the Act of 20 July 2006, the following amendments are made:
1° Paragraph 3 is replaced as follows:
"The annuity is calculated from a 65-year-old pevot age. »;
2° a new paragraph, as follows, is inserted between paragraph 3 and paragraph 4:
"The pension is due as early as 65 years of age and in no case before the application date. »;
Paragraph 5, which became paragraph 6, is replaced as follows:
"If the insured has continued to pay dues in an uninterrupted manner after the age of 65, the annuity may be increased under the conditions laid down by the King, and in accordance with the terms defined by the King. »;
4° between paragraph 5 and paragraph 6, which become paragraph 6 and paragraph 7, respectively, is inserted a new paragraph, as follows:
"The King determines the other modalities and scales for the calculation of the annuity. "
CHAPTER III. - Final provision
Art. 161. This title comes into force on 1^er January 2007.
PART XIII. - Employment
CHAPTER I^er. - Amendments to the Act of 30 June 1971 on administrative fines applicable in cases of violation of certain social laws and the Act of 16 November 1972 concerning the inspection of work
Section 1^re. - Amendment to section 4, paragraph 2, of the Act of 30 June 1971 on administrative fines applicable in cases of violation of certain social laws
Art. 162. Section 4, paragraph 2, of the Act of 30 June 1971 on administrative fines applicable in cases of violation of certain social laws, inserted by the Act of 30 December 1988, is replaced by the following provision:
"Administrative fines are imposed by officials designated by the King. "
Section 2. - Amendment of Article 10quater of the Labour Inspection Act of 16 November 1972
Art. 163. In section 10quater of the Labour Inspection Act of 16 November 1972, inserted by the Act of 20 July 2006, the words "designated by the King" are inserted between the words "social inspectors" and "an oath".
Art. 164. This section produces its effects on 7 August 2006.
CHAPTER II. - Service titles
Art. 165. Article 2, § 2, paragraph 1^erof the Act of 20 July 2001 to promote the development of community services and employment, as amended by the Program Law of 22 December 2003, are amended as follows:
1° to point e. the words ", at the time of its request" are deleted;
2° in point f. the words "if the company is a commercial company" are deleted.
CHAPTER III. - Collective labour relations
Section 1^re. - Adaptation of Article 43 of the Act of 5 December 1968 on collective labour agreements and parity commissions
Art. 166. In section 43 of the Act of 5 December 1968 on collective labour agreements and parity commissions, item 6 is repealed.
Section 2. - Amendment to the Act of 12 April 1960 establishing an Internal Compensation Fund for the Diamond Sector
Art. 167. Section 2bis of the Act of 12 April 1960 establishing an Internal Compensation Fund for the Diamond Sector, inserted by the Act of 28 July 1962 and amended by the Acts of 13 April 1971 and 26 March 1999, is supplemented as follows:
"The King may, by order deliberately to the Council of Ministers, suspend the obligation of assessment referred to in paragraph 1^er. The suspension can only be established for a maximum of three years and is renewable. »
Art. 168. In section 3bis of the Act, inserted by the Act of 26 March 1999, the following amendments are made:
1st paragraph 1^er is supplemented by the following sentences:
"The King sets the applicable percentage. The King also sets out the amount of transactions that are not subject to the above-mentioned contribution. This amount is equal for all companies but cannot be more than €5,000 per company over a period of one year. »;
2° the last paragraph is repealed.
Art. 169. Article 4, § 6, of the same law, inserted by the law of 26 March 1999, is repealed.
Art. 170. In section 5 of the Act, as amended by the Act of March 26, 1999, the following amendments are made:
1° to 2°, paragraph 1^er, is amended by the following provision:
"the rules determinating persons who may benefit from the benefits granted by Article 2, 1°, the nature and amount of these allowances, as well as their terms of granting and liquidation; »;
2° to 2°, paragraph 2, is supplemented by the following sentence:
"At the time of the award of compensation allowances, it is taken into account the European rules concerning minimum aids. »;
3° to 3°, paragraph 3, is supplemented by the following sentences:
"The King sets the applicable percentage. The King also sets out the amount of transactions that are not subject to the above-mentioned contribution. This amount is equal for all companies but cannot be more than €5,000 per company over a period of one year. »
Art. 171. Section 8 of the Act, repealed by the Act of 13 April 1971, is reinstated in the following wording:
“Art. 8. The King shall exercise the powers referred to in this Act, after the advice of the general management body and, depending on the duties referred to in section 2, after the advice of the relevant special management committees. "
Art. 172. Section 12, last paragraph, of the Act, inserted by the Act of 26 March 1999, is repealed.
Art. 173. Article 13bis, paragraph 1^er, of the same law, inserted by the law of 26 March 1999, is replaced as follows:
"Art. 13bis. On the management of the duties referred to in section 2, 1 and 2°, control is also exercised by a government commissioner, appointed by the King, on the proposal of the minister who has the Employment in his powers. If necessary, the King may designate a Commissioner of the Alternate Government. "
Art. 174. As a transitional measure, and pending the appointment of members of the General Management Body and Special Management Committees, the management of the Internal Compensation Fund for the Diamond Sector is, on the basis of the entry into force of this section, provisionally provided by the existing management body and the authority for the advice of the existing General Management Body and Special Management Committees, referred to in section 171 is also exercised provisionally by
Art. 175. This section comes into force on 1^er January 2007.
CHAPTER IV. - Industrial accidents
Art. 176. In section 49 of the Act, as amended by the Acts of 30 December 1992, 22 February 1998, 19 July 2001 and 10 August 2001, paragraph 4 is replaced as follows:
"With the mutual agreement of the employer and the insurance company the duration of one year referred to in paragraphs 2 and 3 may be set at three years. "
Art. 177. Section 49quater, as follows, is included in the Labour Accidents Act of 10 April 1971:
"Art. 49quater. The insurance company applies its tariff, which it freely fixes, to each insured employer by distinguishing the worker and employee risk and, for the worker risk, according to the sinister statistics and the size of the enterprise. The premium rate exceeds up to 30% the risk rate for high loss statistics. In the event of a risk with a reduced loss statistics, the premium rate is less than 15% of the rate. This decrease may increase depending on the size of the insured company. The King sets out, by order deliberately in the Council of Ministers, the terms and conditions for the application of this paragraph and, among other things, the size of the company expressed in number of workers, to which these provisions apply.
The Labour Accidents Fund Management Committee annually assesses the preventive effects of the application of these provisions. The King sets out the terms and conditions for the application of this paragraph. "
Art. 178. The King sets the effective date of sections 176 and 177.
CHAPTER V. - Greening clause
Art. 179. In the Act of 3 July 1978 on labour contracts an article 22bis is inserted, as follows:
"Art. 22bis. § 1^er. The eco-leather clause means the clause by which the worker, benefiting in the course of the performance of his or her employment contract of training at the employer's expense, undertakes to reimburse the worker a portion of the training costs in the event of the company's departure before the expiry of an agreed period.
By a collective labour agreement concluded within the competent parity body and made mandatory by the King, certain categories of workers and/or training may be excluded from the application of the ecolage clause.
§ 2. Under penalty of nullity, the clause must be found in writing for each individual worker at the latest at the time the training provided under this clause begins.
It can only be provided under an indeterminate work contract.
§ 3. The letter must mention:
1° a description of the agreed training, the duration of the training and the place where the training will be provided;
2° the cost of this training or in the event that this cost cannot be determined in its entirety, the cost elements that may permit an estimate of the value of the training; compensation payable to the worker concerned in the performance of his employment contract, as well as transportation or residence expenses may not be included in the cost of training;
3° the start date and the validity period of the ecolage clause established in accordance with paragraph 5. When the training results in the issuance of a certificate, the start date of the validity of the ecolage clause coincides with the issuance of the certificate.
4° the amount of the reimbursement of a portion of the eco-learning costs, paid by the employer, that the worker undertakes to pay at the end of the training, amount expressed degressively in relation to the validity of the eco-leather clause; that amount shall not exceed the limits set out in paragraph 5.
The King may, on the proposal of the appropriate parity organ, amend or supplement the above mentioned references.
§ 4. The ecolage clause is deemed non-existent:
- when annual remuneration does not exceed 16,100 euros;
- when it is not a specific training to acquire new professional skills that may, if applicable, be valued also outside the company;
- where the training provided to the worker is within the prescribed or legal framework required for the exercise of the profession for which the worker was hired or when the training does not reach a duration of 80 hours or a value equal to double the guaranteed average monthly minimum income, as fixed for workers 21 years or older by a collective labour agreement entered into by the National Labour Council.
§ 5. The term of validity of the ecolage clause shall not exceed three years and shall be fixed taking into account the cost and duration of the training.
The amount of refund due by the worker in the event of non-compliance with the period agreed in the ecolage clause shall not exceed:
- 80% of the cost of training in the event of worker departure before 1/3 of the agreed period;
- 50% of the cost of training in the event of the worker's departure in the period between 1/3 and 2/3 by the agreed period;
- 20% of the cost of training in the event of the worker's departure beyond 2/3 of the agreed period.
However, this amount cannot in any case exceed 30% of the worker's annual remuneration.
§ 6. The ecolage clause does not produce its effects if the contract is terminated, either during the trial period or after that period by the employer without serious cause, or by the worker for serious reasons.
The ecolage clause does not produce its effects in the event that the work contract ends as part of a restructuring as referred to in the Act of 23 December 2005 on the pact of solidarity between generations and its enforcement orders.
§ 7. The worker remains the holder of his or her diplomas or certificates and must have the original or a certified copy conforming to the training body, whether or not the ecolage clause is effective. »
Art. 180. In section 131, paragraph 2, of the Act of 3 July 1978 on contracts of work the words "The amounts of remuneration provided for in sections 65, 67, 69, 82, 84, 85, 86 and 104" are replaced by the words "The amounts of remuneration provided for in sections 22bis, 65, 67, 69, 82, 84, 85, 86 and 104".
CHAPTER VI. - Business closures
Art. 181. In section 11 of the Act of 26 June 2002 on business closures, the words "sections 1^er2, 4, 5, 6 and 8, are replaced by the words "sections 1^er2, 4, 5 and 6."
CHAPTER VII. - Various measures
for the 2008 social elections
Art. 182. Article 16, paragraph 2, of the Act of 20 September 1948 on the organization of the economy is replaced by the following provision:
"These delegates, including the head of business, cannot be higher than that of staff delegates. "
Art. 183. Section 18, paragraph 3, of the Act is repealed.
Art. 184. Section 19, last paragraph of the Act is repealed.
Art. 185. Article 20, paragraphs 8 and 9, of the Act are replaced by the following provisions:
"However, separate electoral colleges are established for workers and employees when the number of employees in a company primarily occupying workers is at least 25. The same is true when in a company occupying mainly employees the number of workers is at least 25. A separate electoral college is also established for young workers under the age of 25 if the company has at least 25 young workers under the age of 25. In this case, young workers are not counted with employees or workers for the purposes of the preceding paragraph. »
Art. 186. In section 56, 1., paragraph 1^er, in the same law, the words ", including the head of business", are inserted between the words "These delegates" and the words "can not be".
Art. 187. Article 59, § 4, of the same law is repealed.
CHAPTER VIII. - Effort in favour of persons belonging to risk groups and plan of active support and monitoring of unemployed persons
Section 1^re. - Work for people
risk groups
Art. 188. This section applies to employers subject to the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 relating to the social security of workers or to the Decree-Law of 7 February 1945 concerning the social security of the sailors of the merchant marine.
Art. 189. Employers referred to in section 188 are liable to a contribution of 0.10 per cent calculated on the basis of the overall wage of workers employed by a contract within the meaning of the Act of 3 July 1978 on contracts of employment as provided for in Article 23 of the Act of 29 June 1981 establishing the general principles of social security of employed workers and the decrees of enforcement of that Act.
The King may completely or partially subtract the categories of employers that He determines from the scope of this section.
The effort referred to in paragraph 1^eris intended for persons belonging to risk groups. The concept of risk groups is determined by the collective agreement referred to in section 190.
Art. 190. § 1^er. The effort referred to in section 189 is carried out by means of a new collective labour agreement or an extended collective labour agreement, concluded within a joint body or entered into for a company or group of businesses.
§ 2. The collective agreement referred to in § 1^er must be concluded in accordance with the Act of 5 December 1968 on collective labour agreements and joint commissions.
It must explicitly mention that it is concluded pursuant to this section.
It must be filed with the Registry of the Federal Public Service Collective Labour Relations Branch Employment, Labour and Social Concertation no later than 1^er October of the year to which it relates or another date determined by the King.
§ 3. Parties that have signed the collective agreement shall file an annual assessment report and financial overview of the performance of the collective agreement referred to in § 1^er at the office of the General Directorate Labour Collective Relations of the Federal Public Service Employment, Labour and Social Concertation no later than 1^er July of the year following the year to which the collective agreement applies.
The terms and conditions to be met by the assessment report and the financial overview may be determined by the King. These evaluation reports are forwarded to the House of Representatives.
Art. 191. § 1^er. Employers who are not covered or covered for only a part of their workers by a collective labour agreement referred to in Article 190, § 1^er, are required to pay the contribution of 0.10% referred to in section 189, paragraph 1^erfor the part of their workers who are not covered by such a collective labour agreement, in accordance with the provisions of § 2.
§ 2. The institutions responsible for the collection and collection of social security contributions are each responsible for the collection and recovery of the contribution referred to in § 1^er, as well as the payment of the latter to the ONS-Gestion global referred to in Article 5, 2°, of the law of June 27, 1969 referred to above.
This contribution is considered to be a social security contribution, particularly with regard to declarations with justification of contributions, payment deadlines, civil sanctions and criminal provisions, supervision, designation of the competent judge in the event of a dispute, legal procedure limitation, privilege and disclosure of the amount of the claim declaration of the institutions responsible for the collection and collection of contributions.
Section 2. - Active support and follow-up to the unemployed
Art. 192. § 1^er. The employers to which are applicable the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers or the Decree-Law of 7 February 1945 concerning the social security of the sailors of the merchant marine, are liable to an assessment of 0.05%, calculated on the basis of the total wage of workers occupied by a contract within the meaning of the law of 3 July 1978 relating to the contract of work, as provided for in 1981
§ 2. The institutions responsible for the collection and collection of social security contributions are each responsible for the collection and recovery of the contribution referred to in § 1^er, as well as the payment of the latter to the ONS-Gestion global referred to in Article 5, 2°, of the law of June 27, 1969 referred to above.
This contribution is considered to be a social security contribution, particularly with regard to declarations with justification of contributions, payment deadlines, civil sanctions and criminal provisions, supervision, designation of the competent judge in the event of a dispute, legal procedure limitation, privilege and disclosure of the amount of the claim declaration of the institutions responsible for the collection and collection of contributions.
Art. 193. The proceeds of contributions referred to in section 192, § 1^er, is assigned to the active support and follow-up of unemployed persons covered by the cooperation agreement of 30 April 2004 on the active support and monitoring of unemployed persons.
Art. 194. The King may completely or partially subtract the categories of employers that He determines from the scope of this section.
Section 3. - Activation of efforts for persons belonging to risk groups and active support and monitoring of unemployed persons
Art. 195. On the proposal of inter-professional social partners, the King takes a deliberate order in the Council of Ministers activating the effort for people belonging to risk groups and active support and follow-up to the unemployed.
In the absence of a proposal from the interprofessional social partners, the King can activate the effort in favour of persons belonging to risk groups and active support and follow-up to the unemployed, by a deliberate decree in the Council of Ministers.
The King also determines, by a deliberate order in the Council of Ministers, the time limit for which the effort on the one hand and the accompanying and follow-up on the other referred to in the preceding paragraphs will be applied.
CHAPTER IX. - Paid education
Art. 196. In Article 111 of the Recovery Act of 22 January 1985 containing social provisions, amended by the Royal Decrees of 28 March 1995 and 1^er September 2006, the following amendments are made:
1° § 3 is repealed;
2° § 7 is replaced as follows:
Ҥ 7. The King may, from the 2007-2008 school year, by a royal decree deliberated in the Council of Ministers, on the basis of a proposal from the social partners made in the bi-annual inter-professional agreement for the school years that begin during the validity of this inter-professional agreement:
(a) decrease or increase the maxima provided for in paragraphs 1 to 6;
(b) amend the list of trainings referred to in Article 109, §§ 1^er and 2.
Failure to propose leave-education paid in the inter-professional agreement referred to in paragraph 1^er, the King may, by order deliberately in the Council of Ministers and after the advice of the National Labour Council increase or decrease the maxima provided in §§ 1 to 6 for the school years started in a calendar year where there is no proposal relating to leave-education paid in the interprofessional agreement. "
Art. 197. Article 114, § 2, paragraph 1^er, is replaced by the following provision:
Ҥ2. The King may, from the 2007-2008 school year, by a deliberate order in the Council of Ministers and on the basis of a proposal by the social partners made in the bi-annual inter-professional agreement, for the school years that begin during the validity period of this inter-professional agreement, determine the amount to which normal remuneration is limited, for the purposes of this section.
In the absence of a proposal for leave-education paid in the inter-professional agreement, the King may determine, by order deliberately in the Council of Ministers and after taking the advice of the National Labour Council, the amount to which normal remuneration is limited for the purposes of this section. "
Art. 198. Section 120 of the Recovery Act of January 22, 1985 is supplemented by the following paragraphs:
"The King may, by derogation from the preceding paragraphs and as soon as possible from the 2005-2006 school year, by order deliberately in the Council of Ministers, under the conditions and terms it sets, limit the reimbursement to a lump sum, which may vary according to the type of training.
For the purposes of the preceding paragraph, the King shall determine, by order deliberately in the Council of Ministers, on the basis of the proposal of the social partners made in the bi-annual inter-professional agreement, for the period of validity of this inter-professional agreement:
1° what to hear by type of training;
2° what percentage of available means for the fiscal year in question is allocated to each type of training.
In the absence of a proposal for leave-education paid in the inter-professional agreement as referred to in the preceding paragraph, the King shall determine, by order deliberately in the Council of Ministers and after the advice of the National Labour Council:
1° what to hear by type of training;
2° what percentage of available means for the fiscal year in question is allocated to each type of training.
Art. 199. Section 121 of the Act is replaced by the following provision:
"Art. 121. § 1^er. Costs related to reimbursement to employers referred to in Article 120 are borne partly by employers and partly by the Belgian State in accordance with the provisions of this Article.
§ 2. For the employer dependent party, the King may, by order deliberately in the Council of Ministers, impose an assessment on employers.
The amount of this contribution is determined on the basis of the proposal of the social partners, resumed in the bi-annual interprofessional agreement.
In the absence of a proposal for leave-education paid in the interprofessional agreement, the King shall determine, by order deliberately in the Council of Ministers, after the advice of the National Labour Council, the amount of the contribution.
In the current of 1^er Each quarter of each year, the National Social Security Agency estimates, on the basis of the contribution established in accordance with the preceding paragraphs, the likely income of this contribution for that calendar year.
§ 3. The share of the Belgian State is fixed for each calendar year at the same amount as that estimated under § 2, last paragraph.
§ 4. The total amount fixed for each calendar year in accordance with the preceding paragraphs is included in the budget of the National Employment Office for the liquidation of claims introduced by employers relating to paid leave-education, pursuant to Article 7, § 1^er, paragraph 3, h, of the Decree-Law of 28 December 1944 concerning the social security of workers.
The total amount fixed for a specified calendar year is for reimbursements that relate to the trainings in the school year that would expire in the calendar year preceding two years the calendar year for which the amount available has been fixed. "
Art. 200. The following amendments are made in section 122 of the Act:
1° 1^er is repealed;
2° in paragraph 2, the words "The contributions due under this section" are replaced by the words "The contributions due under section 121".
Art. 201. In Article 137bis, § 1^erin the same Act of 22 January 1985, inserted by the Act of 22 December 1989 and amended by Royal Decree of 28 March 1995, the following paragraph shall be inserted after paragraph 1^er :
"The 2-year period referred to in the previous paragraph is reduced to one year from the 2007-2008 school year. "
Art. 202. This chapter comes into force on 1^er January 2007.
In derogation from the previous paragraph, section 196, 1°, comes into force on 1^er September 2007 and is applied for the trainings followed from the 2007-2008 school year.
Derogation from paragraph 1^er, section 199 comes into force on 1^er January 2008.
CHAPTER X. - Prevention of flights and controls from the company or workplace
Art. 203. Section 14 of the Act of April 8, 1965 establishing labour regulations, as amended by the Acts of August 12, 2000 and June 11, 2002, is supplemented as follows:
"(t) the information relating to the existence of an outward control within the framework of the collective labour agreement concluded within the National Labour Council concerning the prevention of the flights and exit controls of workers leaving the company or workplace, and the designation of (or) custodial undertaking(s) or of the (or) internal custodial service(s) of that control. "
CHAPTER XI. - More Minus Conto
Section 1^re. - Scope of application
Art. 204. The provisions of this chapter shall apply to employers and workers of the construction and assembly companies of motor vehicles and the manufacture of parts and accessories for motor vehicles of origin to the joint commission of metal, mechanical and electrical constructions, provided that the enterprises meet cumulatively the following characteristics:
- belong to a sector characterized by strong international competition;
- be subjected to long-term production cycles that span several years, to which the whole enterprise or a homogeneous part of it is confronted with a substantial and prolonged increase or decrease in work;
- to be confronted with the need to face a sharp rise or decline in demand for a newly developed industrial product;
- to be confronted with specific economic grounds that make it impossible to respect the average weekly duration of work in the reference periods of the Labour Act of 16 March 1971.
Art. 205. The King may, after unanimous and consistent opinion of the National Labour Council, make applicable the provisions of this Act to employers and workers of the construction and assembly of motor vehicles as well as of the manufacturing companies of parts and accessories for motor vehicles, not a member of the parity commission of metal, mechanical and electrical constructions and meeting the criteria referred to in section 204.
Art. 206. § 1^er. A collective labour agreement concluded within a parity body and made mandatory by royal decree may:
- authorize the extension of the time limit set out in article 19 of the Labour Act of 16 March 1971, without the daily limit exceeding 10 hours per day and the weekly limit may not exceed 48 hours per week;
- authorize the reference period for the period of work applicable in the enterprise to exceed the reference period provided for in section 26bis of the Act of 16 March 1971, but not to exceed a period of 6 years.
In this case, by derogation from Article 26bis, § 1^er, paragraph 8, the collective labour agreement concluded within the unitary body will determine the maximum number of hours of maximum overtaking of the authorized average working time, as well as the maximum duration of the reference period.
§ 2. By derogation from Article 29, § 2, of the same Law, is not considered as additional work, the work carried out in accordance with the conditions and limits provided for in the execution of § 1^er.
§ 3. Derogations under § 1^er and § 2 shall not prejudice the other provisions of the same law.
§ 4. The application of exemptions authorized by § 1^er does not prejudice the provisions of Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 on certain aspects of working time development.
Art. 207. The suspension of the employment contract referred to in sections 49, 50 and 51 of the Act of 3 July 1978 relating to contracts of work shall be carried forward as long as, in the case of application of the plan provided for in section 206, the worker's benefits exceed the average weekly working period for the period preceding the suspension of the performance of the employment contract.
Section 2. - Procedure
Art. 208. § 1^er. The derogatory regime provided for in this section can only be applied provided that the competent parity body has concluded under this report a general regulation by a collective labour agreement made mandatory by royal decree.
At the request of all organizations represented in the relevant joint body, the reasons, as provided for in section 204, invoked by the collective labour agreement, must be previously recognized by the Minister of Employment on unanimous and consistent advice of the National Labour Council.
§ 2. This collective labour agreement referred to in § 1^ermust address at least the following issues:
1. the maximum duration of the reference period;
2. the minimum time limit for warning of time changes;
3. the maximum number of hours in excess of the authorized average working time, by derogation from Article 26bis, § 1^erParagraph 8 of the Labour Act of 16 March 1971;
4. a clear description of the parts of the jurisdiction of the respective parity organ where this derogatory regime can be applied.
§ 3. A company will only be able to enforce this derogatory regime if a collective labour agreement has been concluded at the level of the company between the employer and all the representative organisations of the workers represented in the union delegation.
In the event that there is no union delegation, a collective labour agreement must be concluded with all organizations of workers represented within the relevant unit.
Companies must insist that they meet cumulatively all the criteria set out in section 204 and that the introduction of such a collective labour agreement has as its objective the maximum maintenance or development of employment.
The reasons invoked by the collective labour agreement, in accordance with the preceding paragraph, must be previously recognized by the Minister of Employment on unanimous and consistent advice of the National Labour Council.
This collective labour agreement shall, within the limits established by law and by the agreement referred to in this section, establish the modalities for the practical application of the derogatory regime.
It shall specify at least the following points:
1. the limits of the duration of work;
2. the duration and beginning of the applicable reference period;
3. for schedules:
(a) all schedules that may be applied;
(b) how a change of schedule can be made;
(c) the modes and times in which the schedules are to be notified to workers.
Art. 209. By derogation from articles 11 and 12 of the Act of 8 April 1965 establishing labour regulations, the provisions of the collective labour agreement entered into in accordance with the provisions of this chapter, which amend the rules of work shall be included in this working regulation upon the filing of this collective labour agreement at the office of the Federal Public Service Employment, Labour and Social Concertation.
Section 3. - Remuneration
Art. 210. In the event of a plan established under this chapter, the remuneration of the workers concerned shall be paid in accordance with section 9ter of the Act of 12 April 1965 concerning the protection of the remuneration of workers.
The worker will be informed on a monthly basis of the status of his or her benefits in relation to the average weekly work time he or she is required to attend. The document pursuant to this paragraph is a social document within the meaning of Royal Decree No. 5 of 23 October 1978 concerning the holding of social documents.
The King shall determine the terms and conditions of application of this article.
Section 4. - Control, monitoring and prescription
Art. 211. In the event of a plan under this chapter, the employer shall retain the payroll accounts, individual accounts, working hours and their amendments, and the documents referred to in section 210, second paragraph, until a three-year period has expired after the applicable reference period has expired.
Art. 212. For the purposes of the provisions for the duration of work and payment of remuneration, the limitation period shall only begin to run after the extended period of reference established under section 208.
Art. 213. Without prejudice to the powers of judicial police officers, the officials appointed by the King for compliance with the Labour Act of 16 March 1971 shall monitor the application of this chapter.
These officials exercise this oversight in accordance with the provisions of the Labour Inspection Act of 16 November 1972.
Art. 214. Offences to the provisions of this chapter shall be prosecuted and punished in accordance with the provisions of the laws to which it has been permitted to derogate.
CHAPTER XII. - FSE Organic Fund
Art. 215. § 1^er. Pursuant to Article 45 of the coordinated laws on State accounting of 17 July 1991, the Belgian European Social Fund is transferred from the Federal Public Service Employment, Labour and Social Concertation to the Public Service for Programming Social Integration, Fight against Poverty and Social Economy, dated 1^er January 2007.
§ 2. In the table annexed to the organic law of 27 December 1990 creating budgetary funds, last amended by the Act of 20 July 2006 and the Act of 20 July 2006 on the establishment and operation of the Federal Agency for Drugs and Health Products, in section 23 - Employment, Labour and Social Concertation, the fund 23-4 Belgian European Social Fund, is transferred to section 44 - Social integration, fight against poverty and social economy, under number 44-3 with the same wording.
Art. 216. A "Federal European Social Fund - Programming 2007-2013" is created. It constitutes a budgetary fund within the meaning of Article 45 of the coordinated laws on State accounting of 17 July 1991.
In the table attached to the organic law of 27 December 1990 creating budgetary funds, section 44 - Social integration, Poverty Reduction and Social Economy is supplemented by the following provisions:
« Name of the organic budget fund:
Federal European Social Fund - Programming 2007-2013. "
Nature of income affected:
Amounts paid by the European Commission in the context of, inter alia, articles 146 and 148 of the Treaty of 25 March 1957 establishing the European Community, in accordance with the new programme 2007-2013 of the European Social Fund and the amounts reimbursed by third parties for undue payments.
Nature of authorized expenditures:
Transfers of funds to promoters and other expenses incurred in the implementation of the projects or initiatives of the 2007-2013 programme of the European Social Fund, as well as the reimbursement of the undue to the European Commission.
The Federal European Social Fund - programming 2007-2013 may have a commitment authority that is set annually by a specific provision of the general budget of expenditures.
CHAPTER XIII. - Amendment of section 103quater of the Act
of 22 January 1985
Art. 217. Section 103quater of the Recovery Act of 22 January 1985 containing social provisions, inserted by the Act of 10 August 2001, is replaced by the following provision:
"Art. 103quater. Workers referred to in section 103bis may be granted an allowance if they apply the law as provided for by or under the collective labour agreement concluded within the National Labour Council establishing a system of credit-time, reduction of career and reduction of work-time benefits.
The King determines, by order deliberately in the Council of Ministers, the terms and conditions for granting this allowance, its amount, as well as the special terms and conditions of the allowance.
Workers benefiting from a system referred to in paragraph 1^er at the time of the entry into force of this section, retain their right to allowances for the period referred to in the application for allowance.
Art. 218. The King sets the effective date of this chapter.
CHAPTER XIV. - Provision of information to workers representatives on the benefits of employment measures
Section 1^re. - General provisions
Art. 219. This chapter applies to employers within the scope of the Act of 5 December 1968 on collective labour agreements and joint boards.
The King may, by order, make applicable to other legal persons that He determines the provisions of this chapter.
Art. 220. The employer, its employee or agent, is required to provide, in writing, information on the benefits of employment measures to the board of business.
The King determines the time frame for information on the benefits of employment measures to be communicated to the board of business.
In the absence of a business council, the information referred to in the preceding paragraph shall be communicated in writing to the union delegation within the same time limit. The lack of business council and union delegation, the information may be consulted by workers at the place where the labour regulations must be retained, in accordance with the Act of 8 April 1965 establishing the labour regulations.
Art. 221. The King shall determine, on the advice of the National Labour Council, the form and modalities for transmitting information referred to in this chapter to employers.
Section 2. - Amendments
Art. 222. Section 46bis of the Act of 22 December 1995 on measures to implement the multi-year employment plan, inserted by the Act of 26 March 1999, is repealed.
Art. 223. Section 48 of the Act, as amended by the Act of March 26, 1999, the words "other than those taken under section 46bis" are deleted.
Art. 224. The King sets the date of entry into force of Article 28 of the Act of 23 December 2005 on the covenant of solidarity between generations.
Art. 225. Section 29 of the Act is reported.
Section 3. - Monitoring and sanctions
Sub-section 1^re. - Surveillance
Art. 226. Without prejudice to the powers of judicial police officers, officials designated by the King shall monitor compliance with the provisions of this chapter.
These officials exercise this oversight in accordance with the provisions of the Labour Inspection Act of 16 November 1972.
Sub-section 2. - Criminal provisions
Art. 227. Without prejudice to the provisions of articles 269 and 271 to 274 of the Criminal Code, are punishable by imprisonment from eight days to one month in prison and a fine of 26 to 500 euros or one of these penalties only, the employer, its employee or agent:
1. who does not disclose or communicate the information referred to in this chapter within the prescribed time limits;
2. which obstructs organized surveillance under this chapter.
In the case of recidivism in the year following a conviction, the penalty may be increased to a maximum of two.
Art. 228. § 1^er. All provisions of Book 1 of the Criminal Code, except Chapter V, but Chapter VII, are applicable to offences covered by this subsection.
§ 2. Section 85 of the above-mentioned Code applies to offences under this subsection.
Art. 229. Public action resulting from an offence under the provisions of this chapter and the orders made pursuant to it shall be prescribed by five years from the facts that gave rise to the action.
Art. 230. Article 1^er of the Act of 30 June 1971 on administrative fines applicable in cases of offences under certain social laws, as amended by the Act of 23 April 1998 is supplemented as follows:
"39° the employer who is guilty of an offence under Chapter XIV of Title XIII of the Act of 27 December 2006 relating to the provision of information to workers' representatives on the benefits of employment measures. "
Art. 231. This chapter comes into force on a date to be determined by the King.
PART XIV. - Public health
CHAPTER I^er. - Amendments to the Act of 25 March 1964
on drugs
Section 1^re. - Grossists-repartners
Art. 232. In section 12ter of the Act of 25 March 1964 on drugs, inserted by the law of 1^er May 2006, paragraph 9 is replaced as follows:
"The licensees of a wholesale distribution of medicines may deliver medicines for human use exclusively to other wholesale distribution licensees or individuals who are authorized to deliver drugs to the public. Licensees for the wholesale distribution of medicines may deliver drugs for veterinary use exclusively to other wholesale distribution licensees or, in the case of drug premixes, also to licensed manufacturers of veterinary drug products. The holder of a wholesale drug distribution authorization that is responsible for public service obligations may deliver veterinary medicines exclusively to other wholesale distribution licensees or individuals who are authorized to issue drugs to the public or to provide drugs to animal officials. The King may set more precise rules and conditions for the application of these provisions. »
Section 2. - Administrative amendments
Art. 233. section 16 of the Act, replaced by the Act of 1^er May 2006, the following amendments are made:
1° in § 1^er the words "1,25 EUR to 12,50 EUR" are replaced by the words "50 EUR to 500 EUR";
2° in § 2, the words "2,50 EUR to 25,00 EUR" are replaced by the words "100 EUR to 1000 EUR";
3° in § 3, the words "5,00 EUR to 375 EUR" are replaced by the words "200 EUR to 15 000 EUR";
4° in § 4, the words "25, 00 EUR to 2 500 EUR" are replaced by the words "1 000 EUR to 100 000 EUR". »
CHAPTER II. - Federal Agency
medicines and health products
Section 1^re. - Amendments to the Act of 20 July 2006 establishing the Federal Agency for Drugs and Health Products
Art. 234. Section 19, § 4, of the Act of 20 July 2006 establishing the Federal Agency for Drugs and Health Products, is supplemented as follows:
"The Agency also takes over the rights and obligations of the Directorate General Medicines, including reservations as noted as of December 31, 2006 of the accounts referred to in section 225 of the Act of August 12, 2000 on social, budgetary and other provisions and section 30 of the Act of May 7, 2004 on experiments on the human person. »
Art. 235. In article 21, paragraph 1^er, from the same law, the words "as well as taking measures and orders" are deleted.
Art. 236. In section 23 of the Act, the words ", paragraphs 2 and 3," are inserted between the words "20" and "enter".
Art. 237. Section 236 produces its effects on September 8, 2006.
Section 2. - Amendment of the Act of 13 June 1986 on sampling
and organ transplantation
Art. 238. Section 16 of the Act of June 13, 1986 on organ sampling and transplantation are amended as follows:
1° to paragraph 1^er, the words "doctors-staffs" are replaced by the words "public servants of the Federal Public Service Public Health, Safety of the Food and Environment Channel or the Federal Agency for Drugs and Health Products and staff members who are bound by an indefinite working contract with this Federal Public Service or this Federal Agency, who are";
2° in the last paragraph, the words "doctors-staffs" are replaced by the words "doctors who are civil servants or staff members as referred to in paragraph 1^er";
3° the article is completed by the following paragraph:
"The King may set specific rules on the training and qualifications of officials and staff, referred to in paragraph 1^er. »
Section 3. - Terminological adaptations
Art. 239. In Article 7, § 1^erParagraph 1^er, of the Act of 24 February 1921 concerning the trafficking of poisonous, soporific, narcotic, psychotropic, disinfectant or antiseptic substances and substances that can be used for the illicit manufacture of narcotic and psychotropic substances, replaced by the Act of 22 December 2003, the words "of the Federal Public Service Public Health, Safety of the Food Chain and Environment" are replaced by the words "of the Federal Health Agency".
Art. 240. Article 12, § 1^erthe same Act, inserted by the Act of 22 December 2003 and amended by the Act of 12 April 2004, are amended as follows:
1° to paragraph 1^er, the words "of the Federal Public Service Public Health, Food and Environment Safety" are replaced by the words "of the Federal Agency for Drugs and Health Products";
2° Paragraph 8 is repealed.
Art. 241. Article 4 of Royal Decree No. 78 of 10 November 1967 on the Exercise of Health Care Professions, as amended by the Acts of 17 December 1973, 13 December 1976, 14 May 1985, 26 June 1992, 22 February 1998, 16 April 1998, 17 November 1998, 13 May 1999, 2 August 2002, 22 December 2003, 9 July 2004 and 1^er May 2006, the following amendments are made:
1° to § 3, 1°, paragraph 10, at points (a) and (b), the words "Inspection of Pharmacy" are replaced by the words "Federal Agency for Drugs and Health Products";
2° to § 3, 2°, paragraph 3, the words "of the Director General of the Directorate General of Medicines" are replaced by the words "of the deputy head of the Federal Agency for Drugs and Health Products".
Art. 242. In Article 5, § 1^erof the Act of 25 March 1964 on Drugs, inserted by the Act of 29 April 1996 and amended by the Acts of 20 October 1998, 30 December 2001 and 1^er May 2006, the words "Federal Public Service Public Health, Food and Environment Safety" are replaced by the words "Federal Agency for Drugs and Health Products".
Art. 243. Article 7bis of the same law, inserted by the law of 10 July 1997 and amended by the law of 1^er May 2006, the following amendments are made:
1° to § 1^erParagraph 1^er, the words "of the Federal Public Service Public Health, Food and Environment Safety" are replaced by the words "of the Federal Agency for Drugs and Health Products";
2° to § 4, the words "The Ministry of Social Affairs, Public Health and Environment" are replaced by the words "the Federal Agency for Drugs and Health Products".
Art. 244. In Article 13bis, § 2, paragraph 1^erthe same law inserted by the law of 29 December 1990, as amended by the Royal Decree of 22 February 2001 and by the law of 1^er May 2006, the words "administration" are replaced by the words "Federal Agency for Drugs and Health Products".
Art. 245. In Article 14, § 1^erParagraph 1^er, from the same law, replaced by the Act of 22 December 2003, the words "of the Federal Public Service Public Health, Food and Environment Safety" are replaced by the words "of the Federal Agency for Drugs and Health Products".
Art. 246. Article 17, § 1^erthe same Act, replaced by the Act of 20 October 1998 and amended by the Acts of 22 December 2003 and 1^er May 2006, the following amendments are made:
1° to paragraph 1^erthe words "of the Ministry of Social Affairs, Public Health and Environment are replaced by the words "of the Federal Agency for Drugs and Health Products";
2° Paragraph 12 is repealed.
Art. 247. Section 30 of the Human Person Experiments Act of 7 May 2004, as amended by the Acts of 20 July 2005 and 13 December 2006, the following amendments are made:
1° in § 2, paragraph 1^erthe words "to the said authority" are deleted;
2° to § 2, paragraph 2 is replaced as follows:
"This award is paid to the Federal Agency for Drugs and Health Products. »;
3° to § 2, paragraph 4 is repealed;
4° in § 2, paragraph 5, whose text will form paragraph 4, the words "in paragraphs 3 and 4" are replaced by the words "in paragraph 3";
5° in § 6, the words "of the Federal Public Service Public Health, Food and Environment Safety" are replaced by the words "of the Federal Agency for Drugs and Health Products".
Art. 248. section 225 of the Act of 12 August 2000 on social, budgetary and other provisions, as amended by the Act of 13 December 2006, the following amendments are made:
1° to paragraph 1^er, the word "redevance" is replaced by the word "contributions", the word "redevance" is replaced by the word "contribution", the word "bijdrage" is replaced by the word "contributory" in the Dutch text and the words "Regulations (EC) n° 2309/93 of the Council of 22 July 1993 establishing community procedures for the authorization and supervision of drugs for human use and for veterinary use
2° in paragraph 2, the word "debtedness" is replaced by the word "contributions";
3° in paragraph 3, the word "debtedness" is replaced by the word "contributions" and the words "Department of Social Affairs, Public Health and Environment" are replaced by the words "Federal Agency for Drugs and Health Products" and the words "General Pharmaceutical Inspection" are replaced by the words "Federal Agency for Drugs and Health Products";
Paragraph 4 is replaced as follows:
"The above contributions are made to the Federal Agency for Drugs and Health Products";
5° in paragraph 5, the word "redevances" is replaced by the word "contributions", the words "of contribution or retribution" are replaced by the words "of contribution" and the words "to contributions and rewards" are replaced by the words "to contributions";
6° in paragraph 6, the word "repayments" is replaced by the word "contributions".
Art. 249. In article 27bis, § 1^erParagraph 1^erof the Act of 28 August 1991 on the Exercise of Veterinary Medicine, inserted by the Act of 1^er May 2006, the words "or within the Federal Agency for Drugs and Health Products" are inserted after the words "the Federal Public Service Public Health, Food Chain Safety and Environment".
Art. 250. Sections 239 to 249 come into force on 1^er January 2007.
CHAPTER III. - Amendment of Royal Decree No. 78 of 10 November 1967 on the Exercise of Health Care Professions
Single section. - Foreigners with a European degree
Art. 251. Article 49bis of Royal Decree No. 78 of 10 November 1967 concerning the exercise of the professions of health care, introduced by the law of 22 February 1998, is supplemented by a § 3 written as follows:
“§3. Foreigners, other than European nationals, who hold a diploma issued by a Member State of the European Union and in accordance with one of the Guidelines referred to in chapter IVbis, do not fall under the application of this Article. For the application of this decree, these persons are assimilated to European nationals. »
CHAPTER IV. - Amendments to the Compulsory Health Care and Compensation Insurance Act, coordinated on 14 July 1994
Section 1^re. - Insurance companies abroad
Art. 252. In section 191, paragraph 2, of the same Act, inserted by the law of January 25, 1999, the words "and 224-2bis of the General Regulations on Taxes Assimilated to the Stamp. » are deleted.
Art. 253. Article 252 produces its effects on 1^er January 2006.
Section 2. - Accountability of care providers
Art. 254. In section 139, paragraph 1^er, of the Compulsory Health Care and Compensation Insurance Act, coordinated on 14 July 1994, as amended by the laws of 24 December 2002 and 13 December 2006, the words "the region of" are inserted between the words "bilingual of" and "Brussels-Capital".
Art. 255. In section 140 of the Act, replaced by the Act of 27 December 2004 and amended by the Act of 13 December 2006, the following amendments are made:
1° in § 2, paragraph 2, the words "§ 1^er, 2°, 3° and 4° are replaced by the words "§ 1^er2° and 3°
2° in § 3, paragraph 2, the words "§ 1^erParagraph 1^er, 2°, 3° and 4° are replaced by the words "§ 1^erParagraph 1^er2° and 3°
3° in § 5, paragraph 5, the words "and 5°" are inserted between the words "at § 1^er3° and 21°
4° in § 5, paragraph 5, 1^er the words "and 4°" are deleted.
Art. 256. In section 142 of the Act, repealed by the Act of 24 December 2002 and restored by the Act of 13 December 2006, the following amendments are made:
1° in § 1^er, paragraph 3, the words "4° and 5°" are replaced by the words "4°, 5° and 6°";
2° in § 3, paragraph 1^er, 1°, the words "§ 1, 4° and 5 to 6°" are replaced by the words "§ 1^er4°, 5° and 6°
3° in § 3, paragraph 1^er2°, the words "in article 73bis, 2° and 7°" are replaced by the words "in article 73bis, 1°, 2°, 3° and 7°";
4° in § 3, paragraph 1^er3°, the words "in Article 144, § 2, 2°" are replaced by the words "in Article 144, § 2, 1°".
Art. 257. In Article 143, § 3, of the same law, repealed by the law of 24 December 2002 and restored by the law of 13 December 2006, the words "Article 73bis, 2°, 7° and 8°" are replaced by the words "Article 73bis, 1°, 2°, 3°, 7° and 8°".
Art. 258. Section 155 of the Act, as amended by the Acts of 28 December 1999, 22 August 2002, 24 December 2002 and 13 December 2006, are amended as follows:
1° in § 4, the words "physicists and pharmacists-inspectors-controllers and social controllers" are replaced by the words "physicists-inspectors, pharmacists-inspectors, nurses-controllers and social controllers";
2° in § 5, in the Dutch version, the words "of apotheker-inspector" are inserted after the word "geneesheer-inspector".
Art. 259. In section 156 of the Act, repealed by the Act of 24 December 2002 and restored by the Act of 13 December 2006, the following amendments are made:
1° paragraph 4 of § 1^er becomes § 2;
2° the current text of § 2 becomes § 3.
Art. 260. Section 157 of the Act, repealed by the Act of 24 December 2002, reinstated by the Act of 13 December 2006, is amended as follows:
1° to § 1^erParagraph 1^erin the Dutch version, the word "werd" after the word "uitgesproken" is deleted;
2° to § 1^er, paragraph 4, in the Dutch version, the word "eerst" is replaced by the word "eerste";
3° to § 1^er, paragraph 4, the words "by the law of 13 December 2006" are deleted.
Art. 261. Section 112 of the Act of 13 December 2006 on various health provisions is replaced by the following provisions:
"Art. 112. § 1^er. Offences to the Compulsory Health Care Insurance Act and Coordinated Allowances on 14 July 1994, which are within the jurisdiction of the Medical Assessment and Control Service, pursuant to section 139, 2 and 3, committed before the date of entry into force of Part II, Chapter 13, with respect to the limitation, administrative fine and reimbursement, in the provisions of Articles 73 and 141, §§ 2, paragraph 3, 1, 6 and^er to 5, of the coordinated law of 14 July 1994 as they were in force before that date.
§ 2. Procedures for the facts referred to in § 1^er are of the competence:
- in accordance with Article 143, § 1^erof the coordinated law of 14 July 1994, although they have already been submitted to the Committee;
- Trial Chambers, in accordance with Article 144, § 2, of the coordinated law of 14 July 1994, even if they have already been submitted to the Committee;
- the Boards of Appeal referred to in Article 144 of the Coordinated Act of 14 July 1994. The Boards of Appeal referred to in Article 155, § 6, of the Coordinated Act of 14 July 1994, repealed by the Act of 13 December 2006, shall be deferred in full right of appeals brought before the entry into force of Chapter 13. "
Art. 262. The provisions of this section come into force on a date to be determined by the King.
Section 3. - Drugs
Art. 263. In section 35bis, § 5, of the Compulsory Health Care and Compensation Insurance Act, coordinated on 14 July 1994, inserted by the Act of 22 December 2003, paragraph 2 is supplemented by the following sentence:
"The King may define in which cases it may be derogated from that date of entry into force. »
Section 4. - Implants
Art. 264. Section 29ter of the Compulsory Health Care and Compensation Insurance Act, coordinated on July 14, 1994, reported by the Act of August 5, 2003 and reinstated by the Act of December 13, 2006, is amended as follows:
1° in the Dutch text of paragraph 2, the second sentence is replaced by the following sentence:
"From vertegenwoordigers van de fabrikanten, invoerders en verdelers van implantaten en medische hulpmiddelen, van de ziekenhuisbeheerders, van de minister bevoegd voor de Volksgezondheid, van de minister bevoegd voor de begroting, en van de Dienst voorgevenige »;
2° in paragraph 2, second sentence, the words "who has the budget in his powers" are deleted between the words "of the minister" and the words "of the minister having public health in his duties".
Art. 265. In Article 35septies, § 1^er, first sentence, of the same law, inserted by the law of 13 December 2006 the words "with the exception of the implants referred to in section 1^er§ 2, 4° and 5°, of the Royal Decree of 18 March 1999 concerning medical devices and those referred to in Article 1^er§ 1^er, 4° and 5°, of the Royal Decree of July 15, 1997 on active implantable medical devices," are deleted.
Art. 266. In section 37 of the Act, amended by the Act of 20 December 1995, the Royal Decree of 12 December 1996, the Act of 24 December 2002 and the Act of 13 December 2006, are amended as follows:
1° to § 2, paragraph 1^er, the words "of the cost of benefits referred to in Article 34, 5°" are replaced by the words "of the cost of benefits referred to in Article 34, 4°bis and 5°";
2° to § 2, paragraph 3, the words "the Minister may rightly adapt the list of refundable pharmaceutical specialties" are replaced by the words "the Minister may rightly adapt the list of refundable pharmaceutical specialties and the list of invasive reimbursable medical devices and implants".
Art. 267. The articles of this section come into force on a date to be determined by the King.
CHAPTER V. - Amendment of the Hospitals Act,
7 August 1987
Art. 268. Section 2 of the Hospitals Act, coordinated on August 7, 1987, is supplemented by the following paragraph:
"These hospitals carry out a mission of general interest. »
Art. 269. In section 8 of the Act, as amended by the Acts of 29 December 1990 and 14 January 2002, the following amendments are made:
1° points 7° and 8° are replaced by the following:
"7° must be heard by health aid: the caregiver referred to in article 21sexies decies of Royal Decree No. 78 of 10 November 1967 and attached to the hospital;
8° to be heard by caregivers: all the caregivers attached to the hospital;"
2° it is inserted a point 9°, written as follows:
"9° is to be heard by support staff: all staff members who do not fall within one of the categories of professional practitioners referred to in Royal Decree No. 78 above and who assist nursing staff in their administrative and logistical tasks. »
Art. 270. In section 17bis of the Act, inserted by the Act of 29 December 1990 and amended by the Act of 14 January 2002, the following amendments are made:
1° point 1° is replaced by the following provision:
"1° a head of the nursing department, responsible for the organization and coordination of nursing in the nursing department and who, without prejudice to the provision of section 8, 2°, provides the day-to-day direction of hospital nurses, caregivers and support staff of the whole institution. The head of the Nursing Department is appointed and/or designated by the manager, following the advice of the Director and Chief Medical Officer. »;
2° in point 4°, paragraph 2, the words "and nursing staff" are repealed;
3° Paragraph 1 of the article is supplemented as follows:
"5° the nursing staff;
6° the support staff. »
Art. 271. The following amendments are made to section 75bis, paragraph 4, of the Act, which was inserted by the Law of 14 June 2002 and amended by the Law of 27 April 2005:
1° the words "until 30 April 2007" are deleted;
2° the paragraph is completed as follows:
"It can also define the conditions for applying these exceptions. "
Art. 272. Article 57, § 2, paragraph 1^erthe Act of April 27, 2005 on the Control of the Health Care Budget and on various health provisions is repealed.
CHAPTER VI. - Animals, plants and food
Section 1^re. - Amendment of the Act of 4 February 2000 on the Establishment of the Federal Agency for Food Chain Security
Art. 273. Section 8, paragraph 3, of the Act of 4 February 2000 on the establishment of the Federal Agency for the Safety of the Food Chain, as amended by the Act of 13 July 2001, is replaced by the following provision:
"The Committee must be consulted for advice on bills and draft royal decrees relating to the assessment and management of risks in the food chain, with the exception of European directives. "
Section 2. - Amendment of the Royal Decree of November 10, 2005 setting out the contributions referred to in section 4 of the Act of December 9, 2004 relating to the financing of the Federal Agency for the Safety of the Food Chain
Art. 274. Section 1bis of the Royal Decree of November 10, 2005 setting out the contributions referred to in section 4 of the Act of December 9, 2004 on the financing of the Federal Agency for the Safety of the Food Chain, inserted by the Act of July 20, 2006, is supplemented as follows:
"4° to charitable associations formed in the form of asbl, having exclusively for philanthropic or charitable actions and based on voluntary personnel. "
Section 3. - Basis of raw materials and products
Art. 275. The provisions relating to the contributions provided by the Royal Decree of 10 May 2006 amending the Royal Decree of 14 January 2004 setting out the contributions and contributions due to the Budget Fund of the raw materials and products are confirmed with effect on the date of their entry into force.
PART XV. - Finance
CHAPTER I^er.
Amendment of income tax legislation
Art. 276. Section 31bis of the Income Tax Code 1992, inserted by the Act of 23 December 2005, is replaced by the following provision:
"Art. 31bis. Compensation under section 31, paragraph 2, 4, also includes:
1° the following additional benefits obtained by the worker during a period of inactivity, resumption of work with another employer or resumption of work as an independent, provided that the obligation for the former employer to continue the payment of these benefits after resumption of work is effectively mentioned in a collective labour agreement or in an individual agreement providing for the payment of the supplementary allowance:
- the additional benefits obtained, in addition to a prepension, by a former worker who has reached the age of 50 years;
- the additional benefits obtained directly or indirectly by a former worker who is entitled to unemployment benefits as a complete unemployed person or who could benefit from it if he did not return to work with another employer;
2° the additional allowances referred to in 1° provided that the obligation of the former employer to continue the payment of these allowances after resumption of work is not mentioned in a collective labour agreement or in an individual agreement providing for the payment of the supplementary allowance.
For the period up to December 31, 2007, these additional allowances are equivalent to the allowances referred to in paragraph 1^er1°, where their rules by collective labour agreement or by individual agreement do not explicitly specify that their payment is interrupted in the event of resumption of work. »
Art. 277. Section 104 of the same Code, last amended by the Act of 27 December 2005, is amended as follows:
1° in 1°, the words "However, annuities paid for children for whom the application of section 132bis has been requested are not deductible" are deleted;
2° in 2°, the words "the application of Article 132bis has been requested" are replaced by the words "Article 132bis has been applied";
3° in 3°, b, the words "Fonds voor Wetenschappelijk Onderzoek - Vlaanderen"," are inserted between the words "to the National Fund of Scientific Research," and "so";
4° in 3°, h, the words "Executive" are replaced by the words "regional government";
5° 7° is replaced by the following:
"7° expenses incurred for the custody of one or more children:
- dependant on the taxpayer;
- for whom half of the supplements to the quotity of the tax-exempt income referred to in section 132, paragraph 1^er1° to 5° is assigned to the taxpayer under section 132bis;".
Art. 278. Article 116, paragraph 1^er, of the same Code, replaced by the program law of 27 December 2004, the words "The amount referred to in Article 115, 6°," are replaced by the words "The amount referred to in Article 115, § 1^er6°, "
Art. 279. Section 132bis of the same Code, inserted by the Act of 4 May 1999, is replaced by the following provision:
"Art. 132bis. Supplements referred to in section 132, paragraph 1^er, 1° to 6°, are divided between the two taxpayers who are not part of the same household but who jointly exercise parental authority over one or more dependent children who are entitled to the above-mentioned surcharges and whose accommodation is equally divided between the two taxpayers:
- either on the basis of a convention registered or approved by a judge in which it is explicitly mentioned that the accommodation of these children is divided equally between the two taxpayers and that they are willing to distribute the supplements to the quotity of tax-exempt income for these children;
- either on the basis of a judicial decision where it is explicitly mentioned that the accommodation of these children is equally divided between the two taxpayers.
In this case, the supplements referred to in section 132, paragraph 1^er, 1° to 5°, to which these children give right, determined apart from the existence of other children in the household of which they belong, are attributed for half to each taxpayer.
In the case referred to in paragraph 1^erthe supplement referred to in section 132, paragraph 1^er, 6°, is allocated for half to the taxpayer who does not deduct expenditures for the custody of children referred to in section 104, 7°.
A copy of the court decision or convention referred to in paragraph 1^er, shall be held at the disposal of the administration as long as at least one of the children whose parental authority is exercised jointly and whose accommodation is distributed equally, shall be entitled to the supplements referred to in this section.
This section is applicable only if no later than 1^er January of the taxation year, the agreement referred to in paragraph 1^er is registered or approved or the judicial decision referred to in paragraph 1^er is returned.
This section is not applicable to supplements referred to in paragraph 1^er relating to a child for which annuities referred to in section 104, 1° are deducted by one of the above-mentioned taxpayers. "
Art. 280. Section 133, 1°, of the same Code, replaced by the Act of 21 June 2002, is replaced by the following provision:
"1° 870 EUR for a taxpayer imposed in isolation and:
- having one or more dependent children;
- to which half of the supplements to the quotity of the tax-exempt income referred to in section 132, paragraph 1^er, 1° to 6°, is assigned under Article 132bis ;".
Art. 281. Section 138 of the Code, as amended by the Act of 6 July 2004, is supplemented as follows:
"A child missing or abducted during the taxable period who, at 1^er January of the taxation year, has not reached the age of 18 years is, on the same date, supposed to be part of the taxpayer's household, provided that it has already been dependant on the taxpayer for the previous taxation year and provided that the taxpayer demonstrates that no later than December 31 of the taxable period it has declared the disappearance or abduction to the police or filed a complaint on this subject with the competent public prosecutor or administrative authorities. »
Art. 282. In section 146 of the same Code, as amended by the Acts of 6 July 1994, 10 August 2001, 23 December 2005 and 20 July 2006, the following amendments are made:
1° in 2°, the words "31bis, paragraphs 2 and 3;" are replaced by the words "31bis, paragraph 1^er, 1°, and 2;"
2° 5° is supplemented by the words "and, in the absence of resumption of work with another employer or in the absence of resumption of work as an independent, of the additional allowances referred to in section 31bis, paragraph 1^erTwo.
Art. 283. In section 147, 2°, of the same Code, replaced by the Act of 23 December 2005 and amended by the Act of 20 July 2006, the words "31bis, paragraphs 2 and 3;" are replaced by the words "31bis, paragraph 1^er, 1°, and 2;".
Art. 284. In section 154bis, paragraph 3, of the same Code, inserted by the Act of July 3, 2005, the words "represent taxable net remuneration included in taxable net occupational incomes. are replaced by the words "to the net amount of compensation referred to in section 30, 1°, other than compensation obtained in total or partial compensation for a temporary loss of remuneration. »
Art. 285. Section 180, 2°, of the same Code, replaced by the Act of 27 December 2004, is replaced by the following provision:
"2° the SA "Waterwegen en Zeekanaal", the SA "De Scheepvaart", the SCRL Autonomous Port of the Centre and the West, the Compagnie des installations maritimes de Bruges, the Port of Brussels, the autonomous communal port authorities of Antwerp, Ostend and Ghent and the autonomous ports of Liège, Charleroi and Namur;".
Art. 286. Section 201, paragraph 6, of the same Code, inserted by the Act of 23 December 2005, is supplemented as follows:
"These amounts are adjusted annually to the UK Consumer Price Index using the coefficient determined in Article 178, § 3. »
Art. 287. In article 205octies, 5°, of the same Code, inserted by the law of 22 June 2005, the words "articles 115 to 121" are replaced by the words "articles 115 to 120".
Art. 288. Article 292bis, § 1^er, paragraph 3, of the same Code, restored by law of 23 December 2005, is supplemented as follows:
"These amounts are adjusted annually to the UK Consumer Price Index using the coefficient determined in Article 178, § 3. »
Art. 289. Section 285 produces its effects from the 2005 taxation year.
Section 278 is applicable from 1^er January 2005.
Section 284 applies to pay for additional work paid or awarded from 1^erJanuary 2006.
Sections 276, 282 and 283 apply to supplementary allowances paid or awarded from 1^er January 2006.
Sections 286 to 288 are applicable from the 2007 taxation year.
Article 277, 3°, is applicable to liberalities made to the "FWO-Vlaanderen" from 1^er January 2007.
Sections 277, 1°, 2° and 5°, and 279 to 281 are applicable from the 2008 taxation year.
CHAPTER II. - Amendment to the Value Added Tax Code
Art. 290. Article 1^er, § 6, 1°, of the Value Added Tax Code, replaced by the Royal Decree of 22 December 1995, the words "in Belgium" are replaced by the words "in the same Member State".
CHAPTER III. - Amendment of the relevant legislation
Coordination Centres
Section 1^re. - Act of 24 December 2002 amending the corporate income tax system and establishing an early tax decision system
Art. 291. Chapter 1^er Title IV of the Act of 24 December 2002 amending the corporate income tax system and establishing an early tax decision system, containing sections 29 and 30, is reported.
Art. 292. Article 32, § 1^erParagraph 5 of the Act is replaced by the following provision:
"The King shall, by order deliberately in the Council of Ministers, establish the date of entry into force of sections 20 to 28 of this Act. »
Art. 293. Section 292 produces its effects on 1^er January 2003.
Section 2. - Royal Decree No. 187 of 30 December 1982 concerning the establishment of coordination centres
Art. 294. Article 3, 2°, of Royal Decree No. 187 of 30 December 1982 concerning the establishment of coordination centres, amended by law of 4 April 1995, is supplemented by the words "or that follows the date of the order by which the approval is renewed as the case may be;".
Art. 295. Section 4, paragraph 2, of the same order, inserted by the law of 23 October 1991, is replaced as follows:
"The approval may be renewed by the Minister of Finance, provided that an application is filed with the Federal Public Service Finance. "
Art. 296. Section 7 of the same order is replaced as follows:
"This Order does not, however, apply to the centres created by institutions referred to in Article 56, § 2, 2°, (a), (c) to (e), (h) and (k), and Article 216, 2°, (b), of the Income Tax Code 1992 and similar foreign institutions. »
Art. 297. In the same order, an article 7bis is inserted, as follows:
"Art. 7bis. This Order applies until December 31, 2010.
All coordination centres approved as of February 17, 2003 may receive a licence renewal until December 31, 2010.
In the event that the accreditation period is not yet expired as of December 31, 2010, the approval is terminated on that date and this fact does not give rise to any compensation. "
Art. 298. The King shall, by order deliberately in the Council of Ministers, establish the date of entry into force of articles 294 to 297.
CHAPTER IV. - Improved recovery of criminal fines
Art. 299. Section 101 of the Royal Decree of 28 December 1950 on the General Regulation on Judicial Charges in Repressive Matters, repealed by the Act of 31 January 1980, is reinstated in the following wording:
"Art. 101. § 1^er. Without the prior requirement to serve the judgment or the order passed in force of the matter tried, the receiver of the estates and/or penal fines may, by fold recommended to the post, cause the arrest in the hands of a third party on the sums and effects due or belonging to a convicted person, up to a maximum of all or part of the amount due by the latter in respect of confiscated fines, expenses, contributions, sums The arrest must also be denounced to the convicted person by fold recommended to the post.
This seizure is out of effect from the delivery of the piece to the recipient.
The convict may object to the seizure by registered letter addressed to the competent receiver within fifteen days of the filing at the post of the denunciation of the seizure. The convict shall inform the third party seized within the same period of time by fold recommended to the post.
§ 2. The seizure referred to in § 1^er gives rise to the establishment of the notice of seizure established by section 1390 of the Judicial Code. However, this notice is issued by the Receiver for Recovery, who forwards it to the Registrar of the Court of First Instance within 24 hours of the filing to the recommended fold containing the arrest.
§ 3. Subject to the provisions of § 1^erthe provisions of articles 1539, 1540, 1542, paragraphs 1^er and 2, and 1543 of the Judicial Code, are applicable to this arrest, provided that the surrender of the amount of the seizure is done in the hands of the competent receiver.
§ 4. Execution arrest must be carried out by exploiting bailiffs, in the manner provided for in articles 1539 to 1544 of the Judicial Code, when it appears:
(1) that the convict opposes the arrest referred to in § 1^er;
(2) that the third party contests its debt to the convicted person;
(3) that the sums and effects shall be the subject of other creditors, an opposition or an arrest prior to the seizure referred to in § 1^er;
(4) the effects shall be achieved.
In such cases, the seizure and arrest by the receiver pursuant to § 1^er, shall keep its provisional effects if the receiver, as provided for in article 1539 of the Judicial Code, makes an arrest in the hands of the third party in the month following the filing of the convict's opposition under § 1^er, paragraph 3, or the declaration provided for in article 1452 of the Judicial Code. "
Art. 300. Section 102 of the same Royal Decree, repealed by the Act of 31 January 1980, is reinstated in the following wording:
"Art. 102. At the request of the recipient of the fields and/or penal fines, the administrative departments of the State, the local authorities and the bodies responsible for a public interest mission are required to provide, at their own cost, any relevant information concerning the property or income of the convicted person. "
Art. 301. Article 619, paragraph 1^erthe Criminal Code is supplemented as follows:
"The deletion, however, does not prevent the recovery of the fine imposed by this final court decision. "
Art. 302. Section 49, paragraph 2, of the Criminal Code is supplemented as follows:
"These payments interrupt the limitation period for both fines and court fees. "
CHAPTER V. - Confirmation of the Royal Order of September 28, 2006 pursuant to section 8 of the Act of August 26, 2006 on the merger of the Federal Investment Corporation and the Federal Participation Corporation
Art. 303. The Royal Decree of 28 September 2006 enacted pursuant to section 8 of the Act of 26 August 2006 on the merger of the Federal Investment Corporation and the Federal Participation Corporation is confirmed.
Art. 304. Article 303 comes into force on the day of its publication in the Belgian Monitor.
CHAPTER VI. - Amendment
of the law of 30 October 1998 concerning the euro
Art. 305. Article 46 of the law of 30 October 1998 on the euro is replaced by the following provision:
“Art. 46. A penalty of eight days to three months and a fine of twenty-six to thousand euros, or one of these penalties only, those who commit an offence to the provisions of Council Regulation (EC) No 2182/2004 of 6 December 2004 concerning medals and coins similar to coins in euro.
Book I of the Criminal Code, without exception of chapter VII and section 85, is applicable to offences under paragraph 1^er. »
Art. 306. Article 305 comes into force on the day of its publication in the Belgian Monitor.
CHAPTER VII. - Amendment to the Registration, Mortgage and Registry Rights Code
Art. 307. Section 161 of the Code of Registration, Mortgage and Registry Rights, last amended by the Act of 24 December 2002, is supplemented as follows:
"13th the conventions referred to in Article 132bis of the Income Tax Code 1992. "
Art. 308. Article 268 of the same Code, inserted by the Act of 12 July 1960, amended by the Act of 18 March 1965, the Act of 10 October 1967 and the Programme Law of 24 December 1993, paragraph 1^er, 3°, is supplemented by the words "and copies of other documents deposited in the registry;".
Art. 309. Section 272 of the same code, inserted by the Act of 10 October 1967, amended by the Royal Decree of 16 January 1975, the Act of 2 July 1981, the Act of 22 December 1989, the Royal Decree of 20 July 2000 and the Act of 26 February 2003, are amended as follows:
1° to paragraph 1^er the words "Whatever the graft in which the issue operates, the right is fixed at 0.75 EUR per page, without being less than 1.50 EUR for each shipment, copy or extract :" are replaced by the words "Whatever the graft in which the issue operates and whatever the support used for the issue, the right is set at 0.75 EUR per page, without the amount of the fees due to be paid for
2° the article is supplemented by a paragraph 3, which reads as follows:
"The same right is also due to copying an electronic file. The law is due for each electronic page copied from the source document. When making the copy, the parameters of the source document, which determine the electronic page, cannot be changed. »
Art. 310. In the same code, an article 274bis is inserted:
"Art. 274bis. For copies of audio-visual equipment, regardless of the medium on which the copy is issued, it is due to be EUR 1.00 per copied minute, without the fees due to be less than EUR 5.00. A minute's taken into account for a whole minute. "
Art. 311. In the same code, an article 274ter is inserted, as follows:
"Art. 274ter. The fees due on the same application for the same case may not exceed EUR 1,2250.00. "
Art. 312. In the Dutch text of the provisions of Title III of the same Code, the words "afschrift" and "afschriften" are, if any, replaced by the words "kopie" and "kopieën".
CHAPTER VIII. - Tax system for pension and vocational pension funding institutions
Section 1^re. - Income Tax Code 1992
Art. 313. Article 2, § 1^er, of the Income Tax Code 1992, it is inserted a 5°bis, written as follows:
« 5°bis Joint Investment Fund
A common investment fund includes the indivis heritage managed by a collective investment organization management company on behalf of participants, in accordance with the provisions of the Act of 20 July 2004 on certain forms of collective investment portfolio management or in accordance with similar provisions of foreign law. »
Art. 314. Under Part II, chapter II, section III, subsection 1 of the same Code, an article 19ter is inserted, as follows:
"Art. 19ter. Interests also include any amount allocated or paid to its members by a mutual fund, other than that attributed to the acquisition of its own shares or the total or partial sharing of its social assets.
Paragraph 1^er is only applicable if the collective investment organization management corporation has not complied with the obligation under section 321bis. "
Art. 315. Section 24 of the Code is supplemented as follows:
"The undivided ownership of a mutual fund is not considered to be a business as referred to in paragraph 1^er.
The surplus-values identified during the conversion of securities into joint investment funds are considered to be realized. "
Art. 316. Section 27 of the Code, as amended by the Acts of 7 April 1995, 4 May 1999 and 7 March 2002, is supplemented by paragraph 4, which reads as follows:
"The surplus-values identified during the conversion of securities into mutual funds are considered to be realized. "
Art. 317. Article 45, § 2, of the same Code, inserted by the Act of 10 March 1999 and repealed by the Act of 15 December 2004, is reinstated in the following wording:
Ҥ2. The surplus-values that relate to joint investment funds of the European Union are also exempted when they are obtained or recognized in connection with the transformation of such funds into investment companies of the European Union or in one of their compartments.
In this event, the surplus-values or less-values that relate to the shares or shares of the investment corporation received in exchange are determined in respect of the acquisition or investment value of the shares of mutual funds exchanged, possibly increased by the taxed or reduced surplus-values of the less-values admitted both before and after the exchange. For the application of Article 44, § 1^er, 2°, the shares received in exchange are supposed to have been acquired on the date of acquisition of the shares exchanged. "
Art. 318. In article 171 of the same Code, last amended by the Act of 10 June 2006, a 3°quater is inserted, as follows:
"3°quater at the rate of 25 p.c., the interests referred to in Article 19ter;".
Art. 319. Section 179 of the Code is supplemented by the words "and pension funding organizations referred to in section 8 of the Act of 27 October 2006 on the supervision of professional pension institutions. "
Art. 320. Under Part III, Chapter II, section II, of the same Code, an article 185 bis is inserted, as follows:
"Art. 185bis. § 1^er. By derogation from section 185, investment corporations referred to in sections 14, 19, 24, 99, 106 and 119 of the Act of 20 July 2004 on certain forms of collective investment portfolio management, as well as pension funding organizations referred to in section 8 of the Act of 27 October 2006 on the control of professional pension institutions, shall be taxable only on the total amount of anormal or voluntary benefits received and expenses and expenses not deducted
§ 2. In the head of companies and organizations referred to in § 1^erthe provisions of sections 202 to 205 and 285 to 289 and section 123 of the Royal Enforcement Order of the Income Tax Code 1992, are not applicable.
§ 3. Paragraphs 1^er and 2 are not applicable for the taxable period in which a private pricaf referred to in section 119 of the Act of 20 July 2004, does not comply with the following provisions:
1 the provision referred to in Article 192, § 3;
2° one or more statutory rules arising from the specific character of this company as a collective investment agency.
For the purposes of paragraph 1^erreserves previously constituted under the scheme referred to in paragraphs 1^er and 2, are considered to be:
1° of the reserves taxed to the extent that the private pricaf determines that they come from surplus-values or dividends collected from investments referred to in Article 192, § 3, 1° and 2°;
2° of the exempt reserves for the balance and to the extent that the amount of these reserves is increased and maintained to one or more separate accounts of the liability and where it is not used as a basis for calculating the annual allocation of the legal reserve or any remuneration or attributions;
3° of the profits obtained during this taxable period in the event and to the extent that the conditions of the 2° cease to be met.
The reserves referred to in paragraph 2, 2°, are also considered to be a benefit obtained during the tax period in which the companies referred to in Article 119 of the Act of 20 July 2004 are removed from the list of private pricades referred to in Article 123, § 1, of the same Act, without prejudice to the application of Article 210, § 1^erFive.
The SPF Finance may remove the company from the list of private pricafs referred to in Article 123, § 1^erof the Act of 20 July 2004, in the cases fixed by the King or in the event of a violation of the statutory rules established by the King. The SPF Finance reports radiation by a recommended letter addressed to the company's headquarters. An appeal is appealed against a delisting decision in accordance with the common administrative law procedure. "
Art. 321. Article 192 of the same Code, as amended by the Act of 28 December 1992, by the Royal Decree of 20 December 1996 and by the Acts of 22 December 1998, 10 March 1999 and 15 December 2004, is supplemented by § 3, as follows:
“§3. For the application of § 1^erParagraph 1^er, the condition attached to the possible income of the shares or shares of private pricaf referred to in section 119 of the Act of 20 July 2004 on certain forms of collective management of investment portfolios, is expected to be met when these companies place all their assets:
1° in shares or shares whose potential revenues are likely to be deducted in full from profits under Articles 202, § 1^erand 203; or
2° in shares or shares of private pricaf referred to in Article 119 of the Act of 20 July 2004; or
3° as an incidental or temporary investment in term investments, of a maximum of 6 months or liquidity, provided that, per calendar day, such investments do not exceed 10 p.c. of the total balance sheet, on the first day of the taxable period, established under the common law accounting rules, increased or decreased the increases or decreases of the released capital, taxable surpluses or less-values realized or dividends paid
For the purposes of this paragraph, investment companies that, in a Member State of the European Union, meet the characteristics of a collective investment organization referred to in Article 119 of the Act of 20 July 2004, whose securities are held in a private manner in accordance with the similar provisions of that Member State with respect to the public appeal to savings, are assimilated to private pricafs referred to in Article 119 of the same Act. "
Art. 322. Section 203 of the Code, amended by the Acts of 28 December 1992, 21 December 1994, 6 April 1995, by the Royal Decree of 20 December 1996 and by the Acts of 22 December 1998, 10 March 1999, 4 May 1999, 24 December 2002 and 15 December 2004, are amended as follows:
1° to § 2, between paragraph 2 and paragraph 3, which becomes paragraph 5, are inserted the following paragraphs:
“Paragraph 1^erParagraph 1^er, 2°, does not apply to dividends distributed by private pricafs referred to in section 119 of the Act of 20 July 2004 relating to certain forms of collective investment portfolio management insofar as income is derived from surplus-values made on investments referred to in section 192, § 3, 1° and 2°, or dividends derived from these investments.
For the purposes of paragraph 3, investment companies that, in a Member State of the European Union, meet the characteristics of a fixed-number collective investment agency within the meaning of Article 6, paragraph 1^er, 2°, of the Act of 20 July 2004, which shall have the statutory form, constituted for a specified period of time and whose exclusive purpose is the collective placement in authorized financial instruments issued by non-listed companies and whose financial instruments are held in a private manner in accordance with the analogous provisions of that Member State with regard to the public appeal to savings, are assimilated to private pricafs referred to in section 119 of that Act. »;
2° the article is supplemented by a § 4, written as follows:
“§4. The threshold of 90 p.c. referred to in § 2, paragraph 2, for the granting of the income plan permanently taxed to the dividends from fixed-capital companies approved by the Banking, Financial and Insurance Commission for the investment in non-listed shares, is expected to be reached when these investment companies have distributed the net proceeds under Article 57 of the Royal Decree of 18 April 1997 relating to investment organizations held in non-listed companies "
Art. 323. Article 215, paragraph 3, 6, of the same Code, inserted by the law of 22 July 1993 and annulled by the judgment of the Court of Arbitration No. 89/94 of 14 December 1994, is reinstated in the following wording:
"6° to investment companies referred to in Article 6 of the Act of 20 July 2004 on certain forms of collective investment portfolio management, as well as pension financing organizations referred to in Article 8 of the Act of 27 October 2006 on the control of professional pension institutions, to the extent that Article 185bis, § 1^er, applies. "
Art. 324. Article 261, paragraph 1^er, 3°, of the same Code, inserted by the Act of 4 April 1995 and amended by the Act of 27 December 2004, is replaced as follows:
"3° the collective investment management companies approved by the Banking, Financial and Insurance Commission for the purpose of managing one or more common debt investment funds referred to in section 23 or section 105 of the Act of 20 July 2004 relating to certain forms of collective investment portfolio management, for the income allocated or paid by these mutual debt investment funds;".
Art. 325. Section 265, paragraph 1^erthe same Code, replaced by the Act of 4 April 1995 and amended by the Acts of 12 December 1996 and 27 December 2005, is supplemented by a 4° and a 5°, as follows:
"4° with the exception of those referred to in section 19bis, by a joint investment fund referred to in section 6, 1° or 2°, of the Act of 20 July 2004 on certain forms of collective management of investment portfolios, to its participants insofar as these incomes are derived from revenues referred to in sections 18 and 19, and to the extent that the collective investment organization management company has satisfied the obligation of section 3bis;
5° referred to in section 19 bis, to a joint investment fund referred to in section 6 of the Act of 20 July 2004 on certain forms of collective investment portfolio management, the regulation of which does not provide for the distribution of the net proceeds. "
Art. 326. Section 269 of the Code, replaced by the Act of 30 March 1994 and amended by the Acts of 20 December 1995, 10 February 1998, 22 December 1998, 10 March 1999, 22 May 2001, 19 July 2001, 24 December 2002, 9 July 2004, 15 December 2004, 27 December 2004 and 25 April 2006, are amended as follows:
1° to paragraph 1^er, it is inserted a 4°, written as follows:
"4° to 25 p.c. for the interests referred to in 19ter. »;
2° to paragraph 3, (c), the words "articles 114, 118 and 119quinquies of the Act of 4 December 1990 on financial transactions and financial markets" are replaced by the words "articles 14, 19 and 24 of the Act of 20 July 2004 on certain forms of collective investment portfolio management".
Art. 327. In Part VII, Chapter III, of the same Code, a new Ierbis Section, containing Article 321bis, is inserted as follows:
"Section Ierbis. - Special obligation of collective investment agencies
Art. 321bis. - The collective investment management companies referred to in Article 3, 11°, of the Act of 20 July 2004 relating to certain forms of collective investment portfolio management or similar provisions of foreign law, are required in particular to provide, according to the rules determined by the King, the amount, by category, of income allocated or paid. "
Section 2. - Code of taxes assimilated to the stamp
Art. 328. The following amendments are made to section 120bis of the Code of Taxes assimilated to the stamp, inserted by the Act of 24 December 1993 and amended by the Act of 20 March 1996:
1° 1° is replaced by the following provision:
"1° per collective investment organization, an organization referred to in Part II of the Act of 20 July 2004 on certain forms of collective investment portfolio management;"
2° 2° is replaced by the following provision:
"2° per investment company, an investment company referred to in Part II of the Act of 20 July 2004 on certain forms of collective investment portfolio management;";
3° the 3° is replaced by the following:
"3° per investment fund, an investment fund referred to in Part II of the Act of 20 July 2004 on certain forms of collective investment portfolio management;"
Art. 329. Article 126¹the following amendments are made to the Code:
1° to 2°, inserted by the law of 30 March 1994, amended by the royal decree of 18 November 1996 and by the law of 27 December 2004, the words "by an institution of foresight referred to in article 2, § 3, 6°, of the law of 9 July 1975 concerning the control of insurance companies" are replaced by the words "by a professional pension institution referred to in article 2, 1°, of the law of 27 October 2006
2° on 3°, repealed by the law of 27 December 2004, is reinstated in the following wording:
"3° transactions with shares of institutional institutions of collective investment;"
3° on 10°, repealed by the law of 27 December 2004, is reinstated in the following wording:
"10° transactions with shares of private collective investment organization;".
Art. 330. In Article 139, paragraph 2, of the same Code, inserted by the law of 13 August 1947 and amended by the laws of 14 February 1961, of 27 December 1965, of 4 December 1990, of 30 March 1994, of 4 April 1995 and of 27 December 2004, the words "an institution of foresight referred to in Article 2, § 3, 6°, of the law of 9 July 1975 concerning the control of insurance companies" are replaced by the words "an institution of retirement".
Art. 331. Section 163 of the same Code, amended by the Royal Decree of 6 May 1997 and by the Act of 27 December 2004, is supplemented by a 4°, as follows:
"4° deliveries of securities to professional pension institutions that are incorporated in the form of an Pension Funding Organization, regulated by Chapter II of Title II of the Act of 27 October 2006 on the supervision of professional pension institutions. "
Art. 332. Section 174 of the Code, replaced by the Act of 28 April 2003 and amended by the Act of 27 December 2005, is replaced as follows:
"Art. 174. - Are assimilated to insurance, life or temporary rent contracts with an insurance company, any undertaking contracted by professional pension institutions referred to in section 2, 1 of the Act of 27 October 2006 relating to the supervision of professional pension institutions or other pension institutions, as well as the commitments made by legal persons responsible for the performance of the solidarity undertaking referred to in the law of supplementary pensions 28 "
Art. 333. Article 175¹ the same Code, replaced by the Act of 28 April 2003 and amended by the Act of 27 December 2005, are amended as follows:
1° § 1^er, 4°, is replaced by the following provision:
"4° collective commitments that must be considered to be a supplement to legal compensation in the event of a work disability as a result of an accident or occupational illness or illness, when carried out by insurance companies or pension organizations referred to in Article 2, § 1^er or § 3, of the Act of 9 July 1975 on the Control of Insurance Companies or by the Professional Retirement Institutions referred to in Article 2, 1°, of the Act of 27 October 2006 on the Supervision of Professional Retirement Institutions, and when such collective commitments are accessible in an identical and non-discriminatory manner to all affiliates, i.e. all workers or executives of a company that are regularly paid by the same company or of a particular class
2° § 1^er, 5°, is replaced by the following provision:
"5° the pension commitments carried out by insurance companies or pension organizations referred to in Article 2, § 1^er or § 3, the Act of 9 July 1975 relating to the control of insurance companies or the professional pension institutions referred to in Article 2, 1°, of the Act of 27 October 2006 on the supervision of professional pension institutions;"
3° § 3, paragraph 1^er, is replaced by the following provision:
“§3. Any undertaking included in plans that are carried out by insurance companies or pension organizations referred to in Article 2, § 1^er or § 3, of the Act of 9 July 1975 relating to the control of insurance companies, or by the professional pension institutions referred to in section 2, 1°, of the Act of 27 October 2006 relating to the supervision of professional pension institutions, is subject to the tariff that is applicable to this particular undertaking in accordance with §§ 1^er and 2, provided that:
- that the collective plan and possible alternative and individual choices existing in the plan are accessible in an identical and non-discriminatory manner to all members, i.e. all workers or executives of enterprises regularly paid by the same company or a particular class of them, and
- that the potential commitment at the death of the member, the possible commitment of the member's incapacity for work and the possible commitment of the member's medical expenses may be undertaken without exclusion on the basis of a medical examination when more than ten persons are members of this collective plan, and
- whether this plan is managed by the insurance company, by the pension agency or by the professional pension institution in a differentiated manner so that at any time for each taxpayer or each debtor, the application of the specific tax plan for the income and taxes assimilated to the stamp can be guaranteed, both in respect of the processing of contributions or premiums as benefits. "
Art. 334. A. Article 176² The following amendments are made to the Code:
1° on 4°bis, inserted by the law of 28 April 2003, is replaced by the following provision:
"4°bis any undertaking contracted by insurance companies or pension organizations referred to in Article 2, § 1^er or § 3, of the law of July 9, 1975 relating to the control of insurance companies, by the professional pension institutions referred to in section 2, 1°, of the law of October 27, 2006 relating to the supervision of professional pension institutions, that by the legal persons responsible for the execution of the solidarity undertaking, in the framework of pension plans that meet the conditions set out in Part II, Chapter II, section II, of the law of April 28, 2003
2° on 4°ter, inserted by the law of 27 December 2005, is replaced by the following provision:
"4°ter any undertaking contracted by a company or pension agency referred to in Article 2, § 1^er or § 3, 5°, of the Act of 9 July 1975 relating to the control of insurance companies or by a professional pension institution referred to in section 2, 1° of the Act of 27 October 2006 on the supervision of professional pension institutions, responsible for the formation of the supplementary pension and/or the payment of benefits under the pension and solidarity regime established in favour of the affiliates and/or their beneficiaries, where this obligation meets the conditions set forth in section II
Art. 335. Section 177, 1°, of the same Code, replaced by the Act of 28 April 2003, is replaced by the following provision:
"1° by companies, caisses, associations, insurance companies, pension organizations, professional pension institutions and legal persons responsible for the execution of the solidarity undertaking under the pension plans referred to in the Act of 28 April 2003 on supplementary pensions and the tax system of these and certain complementary benefits in the field of social security, as well as by any other insurance companies, when they have a principal place of business in Belgium,
Art. 336. Section 178, paragraph 1^er, of the same Code, replaced by the Act of 27 December 2005, is replaced as follows:
"The associations, funds, companies, insurance companies, pension organizations, professional pension institutions and legal persons responsible for the execution of the solidarity undertaking under the pension plans referred to in the Act of 28 April 2003 on supplementary pensions and the tax system of these and certain additional benefits in the field of social security, as well as all other insurance companies referred to in section 177, shall not commence their operations if they are to be registered before the end of their business. The same applies to brokers and other intermediaries who are involved in the conclusion of insurance with non-established insurance companies in Belgium who do not have a responsible representative under paragraph 2 or 3. »
Art. 337. In section 183 of the same Code, the following amendments are made:
1° to paragraph 1^er, replaced by the law of 28 April 2003, the words ", professional pension institutions" are inserted between the words " pension organizations" and the words "and legal persons";
2° Paragraph 4, as amended by the Act of 13 August 1947 and by the Act of 28 December 1992, is replaced as follows:
"Belgian insurers, pension agencies, professional pension institutions and representatives in Belgium of foreign insurance companies are required, under the sanctions imposed by paragraph 3, to report to the competent office, as soon as they are aware, the co-insurance contracts between their customers and a foreign insurance company, when these contracts involve a risk in Belgium. »
Art. 338. In section 183bis of the same Code, replaced by the Act of April 28, 2003, the words "with an insurance professional or pension agency" are replaced by the words "with an insurance company, a pension agency or a professional pension institution".
Art. 339. In article 183sexies of the same Code, inserted by the law of 7 December 1988 and amended by the law of 28 April 2003, the words "associations, caisses, societies, pension organizations" are replaced by the words "associations, caisses, societies, pension organizations, professional pension institutions".
Art. 340. In article 183undecies of the same Code, inserted by the law of 7 December 1988 and amended by the laws of 22 December 1989, 22 July 1993 and 28 April 2003, the words "Belgian insurers and pension organizations as well as representatives in Belgium of foreign insurers" are replaced by the words "Belgian insurance companies, pension organizations, professional pension institutions and representatives in Belgium of foreign insurance companies".
Section 3. - Code of succession rights
Art. 341. Section 149 of the Code of Succession Rights, as amended by the Acts of 13 August 1947, 24 April 1958 and 5 December 2001, is supplemented by a 5°, as follows:
"5° professional pension institutions that are subject to corporate tax. »
Art. 342. In section 161 of the same Code, the following amendments are made:
1° 1°, replaced by the Act of 22 December 2003, is replaced as follows:
"1° investment organizations that are in the statutory form referred to in Article 6, 1 and 2°, of the Act of 20 July 2004 on certain forms of collective investment portfolio management;"
2° on 2°, replaced by the Act of 22 December 2003, is replaced as follows:
"2° the management companies responsible for the management of the investment agencies that are in the form of a contract referred to in Article 6, 1 and 2°, of the Act of 20 July 2004 on certain forms of collective management of investment portfolios;".
Section 4. - Code of Registration Rights,
mortgage and transplantation
Art. 343. In section 122 of the Code of Registration, Mortgage and Registry Rights, the following amendments are made:
1st paragraph 1^er, 4°, inserted by the law of 4 December 1990 and amended by the laws of 5 August 1992, 28 December 1992 and 22 April 2003, is replaced as follows:
"4° to investment companies referred to in Article 6 of the Act of 20 July 2004 on certain forms of collective investment portfolio management;"
2° Paragraph 2, inserted by the Act of 28 December 1992, is replaced by the following provision:
"However, the proportional right, without deduction of the general fixed right already collected, becomes payable when the investment corporation referred to in paragraph 1^er, 4°, does not obtain or lose, as the case may be, the approval provided in accordance with the Act of 20 July 2004 on certain forms of collective investment portfolio management, as from the date of the decision to refuse or withdraw the approval. "
Section 5. - Value added tax code
Art. 344. Section 44, § 3, 11°, of the Value Added Tax Code, inserted by the Act of 20 July 1990 and amended by the Acts of 28 December 1992 and 12 December 1996, is replaced as follows:
"11° the management of collective investment organizations covered by the Act of 20 July 2004 on certain forms of collective management of investment portfolios and pension funding organizations referred to in section 8 of the Act of 27 October 2006 on the control of professional pension institutions;".
Section 6. - Financial Operations and Financial Markets Act, 4 December 1990
Art. 345. Articles 143 and 146, §§ 1^er to 4, the Financial Operations and Financial Markets Act of 4 December 1990 are repealed.
Section 7. - Entry into force
Art. 346. This chapter comes into force on 1^er January 2007. For the purposes of tax provisions, the collective investment organizations to which the transitional provisions of the Act of 20 July 2004 relating to certain forms of collective investment portfolio management apply are expected, from 1^er January 2007, to be covered by the provision in accordance with their status as used in the Income Tax Code 1992.
CHAPTER IX. - Amendments to certain provisions of the Income Tax Code 1992 to bring them into line with certain principles of the Treaty establishing the European Community and the European Economic Area Agreement
Art. 347. Article 38, § 3, of the Income Tax Code 1992, inserted by the Act of 28 April 2003, the words "by the insurance company or the insurance institution" are replaced by the words "by the insurance company, the insurance institution or the professional pension institution".
Art. 348. A. In section 59 of the same Code, replaced by the Act of 28 April 2003, the following amendments are made:
(a) in § 1^er, 1°, the words "to an insurance institution or to an insurance company established in Belgium" are replaced by the words "to an insurance company, to an insurance institution or to a professional pension institution established in a member state of the European Economic Area";
(b) § 5, paragraph 2, is replaced by the following provision:
"It determines the conditions and mode of application of this provision. »;
(c) the article shall be supplemented by § 6, which reads as follows:
“§ 6. Advances on benefits, the enforcing of pension rights for the security of a loan and the allocation of the redemption value to the replenishment of a mortgage do not constitute an obstacle to the finality of the payment of contributions and premiums required by § 1^er, 1°, when they are granted to allow the worker to acquire, build, improve, restore or transform real estate located in a member state of the European Economic Area and productive of taxable income in Belgium or in another member state of the European Economic Area and provided that advances and loans are refunded as soon as the aforementioned property comes out of the worker's heritage.
The limit referred to in paragraph 1^er must be included in the group insurance regulations, insurance contracts, pension regulations, supplementary pension commitments referred to in the Act of 28 April 2003 on supplementary pensions and the tax system of supplementary pensions and certain additional social security benefits and supplementary pension agreements for self-employed persons referred to in the Program Law (I) of 24 December 2002. "
B. The following amendments are made to the same article:
(a) § 1^er, 2°, is completed as follows:
"for contracts that are not "defined benefits" type commitments, the related extra-legal benefits are determined taking into account the characteristics of the contract, the acquired reserves relating to the contract and the following parameters:
- the rate of pay increases, including indexation;
- the capitalization rate to be applied to acquired reserves,
- the rate of profit participation; ";
(b) § 5, paragraph 1^er, is replaced by the following two paragraphs:
Ҥ 5. The King shall determine, by order deliberately in the Council of Ministers:
1° what must be heard by "normal annual gross compensation", "last normal annual gross remuneration" and "normal duration of professional activity" within the meaning of § 1^er2° and 3°;
2° the different rates referred to in § 1^erTwo.
He will seize the Legislative Chambers immediately if they are brought together, if not at the opening of their next session, of a bill to confirm the orders made pursuant to paragraph 1^erTwo. "
Art. 349. Article 145¹ the same Code, inserted by the Act of 28 December 1992 and amended by the Acts of 17 November 1998, 25 January 1999, 17 May 2000, 24 December 2002, 28 April 2003 and 27 December 2004, are amended as follows:
1° to 3°, the words "a house located in Belgium" are replaced by the words "a house located in a member state of the European Economic Area";
2° the 4° is replaced by the following:
"4° as amounts allocated to the digital release of shares or shares, subscribed by the taxpayer as a worker, representing a fraction of the capital of the corporation that occupies the taxpayer and whose head office, principal institution or head office or office of administration is located in a member state of the European Economic Area or whose employer company is, in the sense of the Code of Companies or a similar regulation of an economic member state ".
Art. 350. Article 145³ the same Code, inserted by the Act of 28 December 1992 and amended by the Act of 28 April 2003, are amended as follows:
1° to paragraph 1^er, the words "to an insurance institution or an insurance company established in Belgium" are replaced by the words "to an insurance company, to an insurance institution or to a professional pension institution established in a member state of the European Economic Area";
2° Paragraph 4 is replaced by the following provision:
"The King sets the conditions and mode of application of this provision. »;
3° the article is supplemented by the following paragraphs:
"The advances on benefits, the enforcing of pension rights for the security of a loan and the allocation of the redemption value to the replenishment of a mortgage do not impede the finality of the payment of the contributions and premiums required by § 1^er, 1°, when they are granted to allow the worker to acquire, build, improve, restore or transform real estate located in a member state of the European Economic Area and productive of taxable income in Belgium or in another member state of the European Economic Area and provided that advances and loans are refunded as soon as the aforementioned property comes out of the worker's heritage.
The limit referred to in paragraph 5 shall be included in the group insurance regulations, insurance contracts, pension regulations, supplementary pension commitments referred to in the Act of 28 April 2003 on supplementary pensions and the tax regime of supplementary pensions and certain additional benefits in respect of social security and supplementary pension agreements for self-employed persons covered in the Program Law (I) of 24 December 2002. "
Art. 351. In section 145⁹Paragraph 1^er, 1°, a), of the same Code, inserted by the law of 28 December 1992, the words "or a resident of a member state of the European Economic Area" are inserted between the words "by a resident of the Kingdom" and the words ", from the age of 18".
Art. 352. Article 169, § 1^er, paragraph 2, of the same Code, replaced by the Act of 28 April 2003, the words "in Belgium" are replaced by the words "in a Member State of the European Economic Area".
Art. 353. In article 243, last paragraph, of the same Code, replaced by the Act of 6 July 1994 and amended by the Acts of 21 December 1994 and 22 December 2003, the words "4°, 145² to 145⁷" are replaced by the words "5°, 145² to 145¹⁶".
Art. 354. Article 364bis of the same Code, inserted by the law of 28 December 1992, the words "foreign" are replaced by the words "in a state outside the European Economic Area".
Art. 355. In section 364ter of the same Code, replaced by the Act of 28 April 2003, the following amendments are made:
1° to paragraph 1^erthe words "by the insurance institution or the insurance company" are replaced by the words "by the insurance company, the insurance institution or the professional pension institution";
2° in paragraph 2, the words "to an insurance institution or an insurance company established abroad" are replaced by the words "to an insurance company, to an insurance institution or to a professional pension institution established outside the European Economic Area".
Art. 356. In section 515sexies of the same Code, inserted by the Act of 28 April 2003, the following amendments are made:
1° to paragraph 1^er, the words "by the insurance company" are replaced by the words "by the insurance company, the insurance institution or the professional pension institution";
2° in the last paragraph, the words "to an insurance institution or an insurance company established abroad" are replaced by the words "to an insurance company, to an insurance institution or to a professional pension institution established outside the European Economic Area".
Art. 357. Section 515s of the same Code, inserted by the Act of 28 April 2003, is amended as follows:
1° to paragraph 1^er, the words "to an insurance institution or an insurance company" are replaced by the words "to an insurance company, to an insurance institution or to a professional pension institution,"
2° in paragraph 2, the words "to an insurance institution or an insurance company established abroad" are replaced by the words "to an insurance company, to an insurance institution or to a professional pension institution established outside the European Economic Area".
Art. 358. This chapter is applicable from the 2007 taxation year, with the exception of section 348, B, which comes into force on 1^er January 2007.
CHAPTER X. - Amendment of Article 230 of the Tax Code
income 1992
Art. 359. Section 230 of the Income Tax Code 1992, as amended by the Acts of 28 July 1992, 6 August 1993, 15 December 2004 and 25 April 2006, are amended as follows:
1° paragraph 2, (a), is replaced as follows:
"(a) the recipient of the income must give to the intermediary referred to in (b) or (c) or to the debtor of income an attestation by which he certifies:
- that he is a non-resident referred to in section 227;
- that it has not affected the productive capital or financial instruments of income to the exercise of a professional activity in Belgium;
- that it is full owner or usufructier of capital or of financial instruments productive of income;
- and for the cases referred to in c, second dash, that it belongs to the same group of related or associated companies in the respective sense of articles 11 and 12 of the Corporate Code as the debtor of income and that the intermediate financial enterprise; ";
2° paragraph 2, c, is replaced by the following provision:
"(c) revenues referred to in paragraph 1^er, 2°, b), shall be paid to the beneficiary:
- either at the intervention of a credit institution, a stock exchange corporation or an approved compensation or liquidation agency, established in Belgium;
- either, in respect of the interests included in the said income, the intervention of a financial enterprise established in Belgium in the sense defined in paragraph 3, where the beneficiary, the debtor and the financial enterprise established in Belgium belong to a group of companies linked or associated with the respective meaning of articles 11 and 12 of the Code of Companies. »;
3° this article is completed as follows:
"For the purposes of paragraph 2, (c), second dash, means a financial enterprise, a resident corporation or a Belgian establishment of a foreign corporation:
- that belongs to a group of related or associated companies in the meaning of articles 11 and 12 of the Corporate Code, respectively;
- which operates exclusively for the benefit of the companies of the group;
- that has the exclusive or principal activity of the provision of financial services;
- that is financed exclusively from resident corporations or legal entities referred to in articles 220 and 227 of this Code, for the sole purpose of financing transactions or transactions of related or associated companies;
- and which does not hold shares or shares for an investment value that exceeds 10 percent of the net tax value of the financial enterprise. "
Art. 360. Section 359 applies to income paid or awarded from 1^er January 2007.
CHAPTER XI. - Stamp fees
Art. 361. Section 591 of the Stamp Rights Code, as amended by the Act of 21 February 2003, is supplemented as follows:
"65° the conventions referred to in Article 132bis of the Income Tax Code 1992. "
PART XVI. - Inside
CHAPTER I^er. - Amendment of the Act of 10 April 1990
regulating private and special security
Art. 362. In section 8 of the Act of 10 April 1990 regulating private and special security, as amended by the Acts of 18 July 1997, 10 June 2001, 7 May 2004, 27 December 2004 and 8 June 2006, the following amendments are made:
1° § 6 is replaced by the following provision:
"The control of personal clothing or property is prohibited, except in the conditions referred to in § 6bis to § 6quater. »;
2° § 6bis becomes § 7;
3° it is inserted a § 6bis, written as follows:
§ 6bis. The control of clothing and personal property at the entrance of a place is prohibited, except where the control is only carried out in order to detect weapons or dangerous objects whose introduction into the place may disrupt the proper conduct of the event or jeopardize the safety of the persons present, and, if it is a matter of activities taking place in a place accessible to the public, after the competent village has given its agreement, in accordance with the terms and conditions established by the Minister
The controls referred to in paragraph 1^er are subject to the following cumulative conditions:
(a) they may only be carried out in the activities referred to in Article 1^er§ 1^erParagraph 1^er5°;
(b) they are only made by custodial agents of the same sex as the controlled person;
(c) they can only be realized if the persons concerned voluntarily submit to the control;
(d) they consist exclusively of a superficial palpation of the person's clothing and a control of the property that has been deposited by the person, whether it is carrying on himself or in his baggage;
(e) they relate exclusively to property relevant to their legal purpose;
(f) they are not systematic but are conducted exclusively if there are, on the basis of the behaviour of the person concerned, material indices or circumstances, valid grounds for believing that the person could carry a dangerous weapon or object.
Custodial officers may refuse access to places in which access control is established, to anyone who opposes this control or if it is found to be in possession of a weapon or other dangerous object. »;
4° it is inserted a § 6ter, written as follows:
§ 6ter. The control of personal property at the outset of a place is prohibited, unless the control is solely focused on finding theft of property in a commercial space, vis-à-vis customers.
The control can only be carried out after it has been presumed to have been assumed, after observation, that the customer leaves a commercial space without having paid certain goods on it.
Control is subject to the following cumulative conditions:
(a) the condition referred to in Article 8, § 6bis, paragraph 2, (a), (c) and (e), on the understanding that controls cannot be carried out by persons acting in the context of Article 2, § 1bis, 1°;
(b) control shall be exclusively in the control of the property voluntarily submitted by the person concerned and shall be carried on him or in his or her hand baggage;
(c) the person concerned shall be notified at the latest by entering the place that controls may be carried out at the exit;
(d) the individual gave his or her consent to the control.
The King may more accurately determine the methods and procedures of control; "
5° it is inserted a § 6quater, written as follows:
§ 6quater. The control of the property of persons out of a place is prohibited, unless control is focused solely on the prevention or recognition of theft of property in a business or workplace, vis-à-vis the persons working there.
Control can be achieved either:
(a) if on the basis of the behaviour of the person concerned, material indexes or circumstances, there are valid grounds to believe that the person has derogated property from the place that he or she leaves;
(b) by sampling.
Control is subject to the following cumulative conditions:
(a) the condition referred to in Article 8, § 6ter, paragraph 3, (a), and (c);
(b) in the case referred to in paragraph 2, (a), the individual gave his or her consent to the control;
(c) the control shall be carried out in accordance with the terms and conditions relating to the information and consent provided for in the collective labour agreement which is concluded within the National Labour Council with respect to the prevention of the flight and exit controls of workers who leave the enterprise or workplace and where this collective labour agreement is not applicable, provided that the individual has given his or her individual consent;
(d) in the event that the collective labour agreement, as referred to in (c), is applicable at the place concerned but is not applicable to the person concerned, the control, as referred to in paragraph 2, (b), may only take place if it is satisfied with the condition referred to in Article 8, § 6ter, paragraph 3, (d);
(e) the control consists exclusively in the control of the goods voluntarily submitted by the interested party, whether it is carrying on it or in its hand baggage or that are inside its vehicle.
The Minister of the Interior may, in derogation from paragraph 2, (b), temporarily and permanently issue authorization to conduct systematic checks, if all of the following conditions are cumulatively met:
1° the application for this purpose is from the company or service to which or to which the custodial officers who will perform the controls belong;
2° it is demonstrated by the use of a security notice that other means or methods that are less entangled in the sphere of privacy cannot effectively contribute to the realization of the target objective;
3° there are controls to carry out a written agreement between the employer and the union delegation and, in the absence of a board of business, employees, if the employer and the union delegation do not have a union delegation. "
CHAPTER II. - Amendments to the Act of 15 September 2006 amending the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens
Art. 363. It is included in Chapter III of the Act of 15 September 2006 amending the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens, an article 76bis, which reads as follows:
"Art. 76bis. § 1^er. Until the entry into force of section 5, a foreigner who cannot be considered a refugee and who invokes medical evidence must apply for a residence permit to the Minister or his delegate on the basis of section 9, paragraphs 1^er and 3 of the Act of 15 December 1980, unless it has already filed an application based on these elements.
The alien concerned may not at any time avail himself of section 48/4 of the same law, unless he invokes a real risk of another serious breach within the meaning of Article 48/4, § 2.
§ 2. Where the Minister or his or her delegate grants an authorization to stay abroad referred to in § 1^erParagraph 1^er, because it considers that it suffers from a disease in such a state that it entails a real risk for its life or physical integrity or a real risk of inhuman or degrading treatment when there is no adequate treatment in its country of origin or in the country where it resides, this authorization is given for a limited period of time and becomes unlimited at the expiry of the five-year period following the request for permission to stay.
The Minister or his delegate may, during the limited stay of the foreigner, terminate at any time the stay of the foreigner under section 55/5 of the Act of 15 December 1980 and order him to leave the territory.
In addition, the Minister or his or her delegate may, within ten years of the application for a residence permit, terminate the residence of the alien and order him to leave the territory, when he or she has obtained a residence permit on the basis of facts presented in an altered manner or that he has concealed, false or falsified statements or documents, which have been decisive in the granting of the authorization. "
Art. 364. It is inserted in chapter III of the Act, an article 76ter, which reads as follows:
"Art. 76ter. The alien authorized to stay for a limited period of time, in accordance with the criteria described in the circular of 30 September 1997 relating to the granting of a residence permit on the basis of the cohabitation in the context of a lasting relationship, at the time of the entry into force of Article 6, shall be considered from that time as allowed to stay limited on the basis of Article 10, § 1^erParagraph 1^er5°, and 13 § 1^er, paragraph 3, of the law of 15 December 1980, if the non-national partner of a Member State of the European Union that he has come to join stay for an unlimited period in the Kingdom, or as authorized to stay limited on the basis of Article 10bis, § 2, and Article 13, § 1^er, paragraph 6, of the law of 15 December 1980, if the non-national partner of a Member State of the European Union that he has come to join stay for a limited period in the Kingdom.
During the period remaining three years after the issuance of the first foreign residence permit, the Minister or his delegate may terminate the stay of the foreign national on the basis, in the first case, of Article 11, § 2, paragraph 1^er, 1°, if it is terminated the registered partnership or if the common life contract is denounced, 2° or 3°, or, in the second case, article 13, § 4, paragraph 1^er, 1° or 2°, if it is terminated the registered partnership or if the common life contract is denounced, 3° or 4°, of the law of 15 December 1980.
After the expiry of the period referred to in paragraph 2, the intended partner of a foreigner in unlimited residence in the Kingdom is allowed to stay in the Kingdom in accordance with Article 13, § 1^er, paragraph 3, of the Act of 15 December 1980, and by derogation from Article 13, § 1^er, paragraph 6, of the same law, the intended partner of a foreigner in a limited residence in the Kingdom is allowed to stay for an unlimited period in the Kingdom.
Art. 365. In Article 77, § 2, of the same Law, the words "Article 48/3" are replaced by the words "Article 48/4".
Art. 366. Section 363 produces its effects of 10 October 2006 on the eve of the date of entry into force of section 5 of the Act of 15 September 2006 amending the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens.
Section 365 produces its effects on October 10, 2006.
PART XVII. - Justice
CHAPTER I^er. - Amendments to the Civil Code
at the establishment of filiation
Art. 367. In section 312 of the Civil Code, replaced by the Act of March 31, 1987, the following amendments are made:
1° § 2 is replaced by the following provision:
"Unless the child has the possession of a state in respect of the mother, the maternal filiation thus established can be challenged by all means of law, in the year of the discovery of the lying character of the mother's filiation, by the father, the child, the woman in respect of which filiation is established and by the person who claims the motherhood of the child";
2° § 3 is deleted.
Art. 368. In section 318 of the same Code, replaced by the law of 1^er July 2006, the following amendments are made:
1° § 1^erParagraph 2, is repealed;
2° to § 2, paragraph 1^er, the words "The action of the mother must be brought in the year of birth. are inserted before the words "The action of the husband";
3° § 2, paragraph 1^er, is completed by the words "or in the year of discovery that the husband is not his father".
Art. 369. Article 328bis of the same Code, inserted by the law of 1^er July 2006, is replaced by the following provision:
"Art. 328bis. The actions referred to in Articles 318 and 329bis may be brought before birth by the man who claims the paternity of the child. "
Art. 370. Article 330, § 1^er, paragraph 4, of the same Code, replaced by the law of 1^er July 2006, is supplemented by the words "or in the year of discovery that the person who recognized him is not his father or mother".
Art. 371. In article 332quinquies, § 4, of the same Code, inserted by the law of 1^er July 2006, in the last sentence, the words "authorisation of recognition" are replaced by the words "de recherche de paternité".
Art. 372. In section 25 of the transitional provisions of the law of 1^er July 2006 amending the provisions of the Civil Code relating to the establishment of filiation and the effects of filiation, a paragraph 5 is inserted, as follows:
Ҥ 5. Persons with rights under section 320 of the Civil Code, replaced by the Act of 31 March 1987 and amended by the Act of 27 December 1994 and section 323 of the same Code, replaced by the Act of 31 March 1987, as repealed by this Act, may still act within one year of the date of the coming into force of this Act. "
Art. 373. The Act is supplemented by chapter V, which reads as follows:
« CHAPTER V. - Entry into force
Art. 26. This Act comes into force on the date fixed by the King and no later than 1^er July 2007. "
Art. 374. This chapter comes into force on the day the law of 1 comes into force^er July 2006 amending provisions of the Civil Code relating to the establishment of filiation and the effects of filiation with the exception of section 373 which comes into force on the day of the publication of this Act to the Belgian Monitor.
CHAPTER II. - Amendments to the laws of 8 April 1965 and 15 May 2006
juvenile delinquency
Section 1^re. - Amendment of the Act of 8 April 1965 on the Protection of Youth, Care for Minors who have committed a crime and Compensation for Damage caused by this fact
Art. 375. Sections 43bis and 53 bis of the Act of 8 April 1965 on the protection of youth, the care of minors who have committed a crime and the compensation of the damage caused by this act are repealed.
Section 2. - Amendments to the Act of 15 May 2006 amending the Act of 8 April 1965 on the Protection of Youth, the Code of Criminal Investigation, the Criminal Code, the Civil Code, the new communal law and the Act of 24 April 2003 reforming the adoption
Art. 376. In section 2 of the Act of 15 May 2006 amending the Act of 8 April 1965 on the Protection of Youth, the Criminal Code, the Criminal Code, the Civil Code, the new communal law and the Act of 24 April 2003 reforming the adoption, the following amendments are made:
1° in the introductory sentence, the words "that becomes Article 38" are replaced by the words "that becomes Article 38bis";
2° to Article 37bis, § 1^erParagraph 1^er2°, § 2, paragraph 1^er§ 3, paragraphs 1^er and 2, the word "presumed" is replaced by the words "suspected of".
Art. 377. In section 15 of the Act, the following amendments are made:
1° the words "of the person referred to in section 36, 4°" are replaced by the words "of the person concerned";
2° the words "60, amended by the law of 2 February 1994, and 61 of the same law" are replaced by the words "and 60 of the same law, amended by the law of 2 February 1994";
3° the following sentence is added:
"In section 61 of the Act, the words "the minor" are replaced by the words "the person concerned". "
Section 3. - Final provision
Art. 378. This section, together with sections 375 to 377, enter into force on the day of the publication of this Act to the Belgian Monitor.
CHAPTER III. - Amendment
Code of Belgian Nationality
Art. 379. It is inserted in chapter I^er of the Belgian Nationality Code, article 7bis, as follows:
"Art. 7bis. § 1^er. In order to be able to file an application or a declaration to obtain Belgian nationality, the foreigner must be in legal residence at the time of the introduction of this application or declaration.
§ 2. A legal residence means the situation of a foreigner admitted or authorized to stay for more than three months in the Kingdom or authorized to settle therein, in accordance with the provisions of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens. "
Art. 380. In section 10 of the same Code, the following paragraph is inserted between paragraph 1^er and paragraph 2:
"However, paragraph 1^er shall not apply if the child may obtain another nationality through the completion by his or her legal representatives of an administrative procedure with the diplomatic or consular authorities of the country of his or her authors or any of them. "
Art. 381. In article 11bis of the same Code, inserted by the law of 13 June 1999 and amended by the law of 1^er March 2000, the following amendments are made:
1° to § 1^er, the words "and at least one of them must be allowed or allowed to stay indefinitely in the Kingdom at the time of the Kingdom" are inserted between the words "during the ten years preceding the declaration" and the words "and the child must have had their own";
2° § 3 is replaced by the following provision:
"The statement is made against receipt before the civil status officer of the place of the child's principal residence. No later than five working days after this statement, a copy of the statement, to which a copy of the receipt is attached, shall be communicated for notice by the Civil Registry Officer to the Prosecution of the Court of First Instance of the Jurisdiction. The King's prosecutor acknowledges his receipt without delay.
At the same time as he communicates to the King's Prosecutor copying the file, the Civil Registry Officer also transmits a copy to the Aliens Office and the State Security.
If in violation of paragraph 1^er, the declaration is the subject of a late communication within the last month of the period referred to in paragraph 4, it shall be ex officio extended within one month of the communication of the file to the prosecutor's office.
The King's Prosecutor may object to the attribution of Belgian nationality within the four-month period, possibly extended in accordance with the preceding paragraph, as from the statement made to the Civil Officer, when the statement is for another purpose than the child's interest in being assigned Belgian nationality.
If he considers that he does not have to object to it, he sends a non-objection certificate to the civil officer. The declaration is immediately entered and mentioned in accordance with Article 22, § 4.
At the end of the four-month period, which may be extended in accordance with paragraph 3, and in the absence of an opposition or the sending of a non-objection certificate to the civil officer, the declaration shall be registered on its own and referred to in accordance with article 22, § 4.
However, in the absence of a communication referred to in paragraph 1^er, registration does not take place; the civil officer shall immediately inform the person concerned. »;
3° in § 4, paragraph 2, first sentence, the words "or the declaration in case of application of § 3, paragraph 7" are inserted after the words "the validity of the opposition".
Art. 382. In article 12bis of the same Code, inserted by the law of 13 June 1991 and amended by the laws of 22 December 1998, 1^er March 2000, 27 December 2004 and 20 July 2006, are amended as follows:
1 § 1^er, 2°, is replaced by the following provision:
« 2° In a foreign country where one of the authors or adopters has Belgian nationality at the time of the declaration, provided that the adoption has produced its effects before the adoption reaches the age of eighteen years or was emancipated before that age. If the declarant has his principal residence abroad, he must show that he has retained effective links with his Belgian author or adopter and that author or adopter must have established his principal residence in Belgium at the time of the declaration. »;
2° § 1^er, 3°, is replaced by the following provision:
"3° the foreigner who can claim seven years of main residence in Belgium covered by a legal stay and who, at the time of the declaration, has been allowed or allowed to stay for an unlimited period of time. »;
3° § 2 is replaced by the following provision:
Ҥ2. The statement is made against receipt before the civil status officer of the place where the declarant has his principal residence. At the latest within five working days after this statement, a copy of the statement, to which a copy of the receipt is attached, is, as soon as the file is complete, communicated for notice by the Civil Registry Officer to the Court of First Instance of the Jurisdiction. The King's prosecutor acknowledges his receipt without delay.
At the same time as he communicates to the King's Prosecutor copying the file, the Civil Registry Officer also transmits a copy to the Aliens Office and the State Security.
In the case provided in § 1^er, 2°, and if the declarant has his principal residence abroad, his statement is made before the head of the diplomatic mission or the Belgian career consular post of that main residence. No later than five working days after this statement, a copy of the statement, to which a copy of the receipt is attached, is communicated for advice by the head of the diplomatic mission or career consular post of that residence to the Brussels Court of First Instance.
The King's prosecutor acknowledges his receipt without delay.
At the same time as he communicates to the King's Prosecutor copies of the file, the head of the diplomatic mission or the Belgian consular post also transmits a copy to the Foreign Office and the State Security.
Within four months of the statement made to the civil status officer referred to in paragraph 1^er or within the same extended period of fifteen days from the statement made before the head of the diplomatic mission or the Belgian consular post, the King's prosecutor may issue a negative opinion on the acquisition of Belgian nationality when there is an impediment resulting from serious personal facts, which he must specify in the reasons of his opinion, or when the basic conditions referred to in § 1^er, that it must indicate, are not filled.
If in violation of paragraph 1^er, the declaration is the subject of a late communication during the last month of the deadline, it is ex officio extended by one month from the date of the communication of the file to the prosecutor's office.
When he considers that he is not required to issue a negative opinion, he sends a certificate to the Civil Status Officer indicating the absence of a negative opinion. The declaration is immediately entered and mentioned in accordance with Article 22, § 4.
At the expiry of the four-month period, possibly extended in accordance with paragraph 6, and in the absence of a negative opinion of the King's Prosecutor or the transmission of an attestation meaning the absence of a negative opinion, the declaration shall be registered ex officio and referred to in accordance with Article 22, § 4. However, in the absence of a communication referred to in paragraph 1^erthe registration shall not take place, the officer of the civil status shall immediately inform the person concerned.
Notification of registration shall be made to the person concerned by the Civil Registry Officer.
The declaration has effect from the registration. »;
4° in § 3, paragraph 2, the words "or the civil status officer in the case referred to in § 2, paragraph 8, last sentence," are inserted between the words "the king's prosecutor" and "communic";
5° in § 3, paragraph 3, the words ", if any," are inserted between the words "as well as" and "the negative opinion";
6° to § 4, paragraph 1^er, the words "the information referred to in § 2, paragraph 8, last sentence, or" are inserted between the words "the date of receipt of "and "the negative opinion referred to in § 3";
7° to § 4, paragraph 2, first sentence, the words "or declaration in case of application of § 2, paragraph 8, last sentence" are inserted after the words "the negative opinion".
Art. 383. In section 15 of the same Code, amended by the laws of 22 December 1998, 1^er September 1999 and 1^er March 2000, the following amendments are made:
1° § 1^er is replaced by the following provision:
"The optional declaration is made against receipt before the civil status officer of the place where the declarant has his principal residence. No later than five working days after this statement, a copy of the statement, to which a copy of the receipt is attached, shall be communicated for notice by the Civil Registry Officer to the Prosecution of the Court of First Instance of the Jurisdiction. The King's prosecutor acknowledges his receipt without delay.
At the same time as he communicates to the King's Prosecutor copying the file, the Civil Registry Officer also transmits a copy to the Aliens Office and the State Security.
If the declarant has his principal residence abroad, his statement is made before the head of the diplomatic mission or the Belgian career consular post of that residence. No later than five working days after this statement, a copy of the statement, to which a copy of the receipt is attached, is communicated for advice by the head of the diplomatic mission or the Belgian career consular post of that residence to the Brussels Court of First Instance. The King's prosecutor acknowledges his receipt without delay.
At the same time, which he communicates to the King's Prosecutor copying the file, the head of the diplomatic mission or the career consular post also transmits a copy to the Aliens Office and the State Security. »;
2° to § 2, paragraph 1^er, the words "In a period of one month from the acknowledgement of receipt" are replaced by the words "In a period of four months from the statement made to the civil officer referred to in § 1^eror within the same extended period of fifteen days from the statement made to the head of the diplomatic mission or the Belgian career consular post;
3° to § 2, the following paragraph shall be inserted between paragraph 1^er and paragraph 2:
“If in violation of § 1^erParagraph 1^er, the declaration is the subject of a late communication during the last month of the deadline, it is ex officio extended by one month from the date of the communication of the file to the prosecutor's office. »;
4° to § 2, paragraph 3 old, which becomes paragraph 4, the words "the expiration of the period of one month" are replaced by the words "the expiration of the period of four months, possibly extended in accordance with paragraph 2";
5° in § 2, former paragraph 3, which becomes paragraph 4, is supplemented by the following sentence:
"However, if there is no communication referred to in paragraph 1^er, registration does not take place; the civil officer shall immediately inform the person concerned. »
6° in § 3, paragraph 2, the words "or the officer of the civil status in the case referred to in § 2, paragraph 4, last sentence," are inserted between the words "The Crown Prosecutor" and "communic".
7° to § 3, paragraph 3, the words ", if any," are inserted between the words "and "the negative opinion".
Art. 384. Section 19 of the same Code, as amended by the Acts of 1^er March 2000, is supplemented by the following paragraph:
"The main residence referred to in paragraph 1^er must be covered by a legal stay. "
Art. 385. In section 21 of the same Code, replaced by the Act of 13 April 1995 and amended by the Acts of 22 December 1998 and 1^er March 2000, the following amendments are made:
1° to § 1^er the words "consumer post" are replaced by the words "consumer post";
2° in § 2, the words "to be in legal residence or" are inserted between the words "his author ceases" and the words "to have his principal residence in Belgium";
3° to § 2, a paragraph 2 shall be inserted:
"The application for naturalization is adjourned if the applicant applies for the acquisition of nationality on the basis of articles 12bis to 17. »;
4° to § 3, paragraphs 2 and 3 are replaced by the following paragraph:
"The House of Representatives shall issue to the applicant a receipt certifying the filing of a complete application file. No later than five working days after the filing of the application for naturalization, a copy of the application, to which a copy of the receipt is attached, is communicated by the House of Representatives to the Prosecutor's Office of the Court of First Instance of the applicant's main residence, to the Aliens Office and to the State Security, for advice to provide within four months of the criteria provided for in Article 19 and § The King's Attorney, the Aliens Office and the State Security Service acknowledge their receipt without delay. If the person concerned has his or her main residence abroad, the application for an opinion is addressed to the public prosecutor's office near the Brussels Court of First Instance. »;
5° to § 3, the following paragraph shall be inserted between paragraph 3, formerly paragraph 2, and paragraph 4, formerly paragraph 3:
"If the submission of the application for naturalization by the House of Representatives is not made in accordance with the time limit set out in paragraph 2 and is made during the last month of the period, it shall be ex officio extended from one month of the date of the communication to the three instances referred to in paragraph 2. »;
6° § 3, paragraph 4, is replaced by the following paragraph:
"The notice is deemed to be in favour of failure to comply with the comments made by the Prosecutor's Office, the Aliens Office and the State Security within four months, possibly extended in accordance with the preceding paragraph, as of the filing of a complete application file with the House of Representatives. "
Art. 386. In section 22 of the same Code, as amended by the Act of 22 May 1999, the following amendments are made:
1° § 1^er, 1°, is repealed;
2° to § 1^er, 3°, the words "1° or" are deleted;
3° to § 1^er, 5°, c), the words "of the day of this declaration, a new ten-year period takes place" are deleted;
4° in § 4, the words "consular mail" are replaced by the words "consular post of career. "
Art. 387. In section 23 of the same Code, as amended by the Act of 13 June 1991, the following amendments are made:
1° § 1^er is replaced by the following provision:
« § 1^er. Belgians who do not hold their nationality from a Belgian author on the day of their birth and Belgians who have not been granted their nationality under Article 11 may be deprived of Belgian nationality:
1° if they have acquired Belgian nationality on the basis of facts that they have presented in an altered manner or that they have concealed, or on the basis of false or falsified statements or documents that have been decisive in the decision to grant nationality;
2° if they seriously miss their duties as a Belgian citizen. »;
2° § 9 is supplemented by the following provision:
“In the case referred to in § 1^er, 1°, the action on the termination is prescribed by five years from the date of obtaining Belgian nationality by the interested party. "
Art. 388. Without prejudice to article 389, the provisions of this chapter come into force on the day of the publication of this Act to the Belgian Monitor.
Art. 389. Articles 382, 1°, and 386, 1° and 2°, come into force on the date fixed by the King.
CHAPTER IV. - Amendment of Article 43 quater of the Criminal Code to transpose Council Framework Decision 2005/212/JAI of 24 February 2005 on the confiscation of proceeds, instruments and property related to crime
Art. 390. In Article 43quater, § 1^er, a), of the Criminal Code, inserted by the law of 19 December 2002, it is inserted a 1°bis, as follows:
"1°bis to Articles 137, provided that these offences are punished by one of the penalties provided for in Article 138, § 1^er, 4° to 10°, and that they are likely to generate profits, as well as 140, provided that this crime or offence is of a nature to generate profits;".
Art. 391. In Article 43quater, § 1^er, (b), of the same Code, inserted by the Act of 19 December 2002, are amended as follows:
1° it is inserted instead of 1°, which becomes 1°bis, a new 1°, written as follows:
"1° to articles 162, 163, 173, 180 and 186;"
2° the new 1°bis is completed as follows:
"and 383bis, § 1^er;"
3° it is inserted a 5°bis, written as follows:
"5°bis to section 2quater, 4°, of the Act of 24 February 1921 concerning the trafficking of poisonous, soporific, narcotic, psychotropic, disinfectant or antiseptic substances and substances that can be used for the illicit manufacture of narcotic and psychotropic substances;".
PART XVIII. - Public enterprises
UNIC CHAPTER. - La Poste
Art. 392. In Chapter VII of the Act of 22 March 2006 on the intermediation of banking and investment services and the distribution of financial instruments, an article 24bis is written as follows:
"Art. 24bis. The following provisions of this Act are not applicable to Anonymous Public Law Company Post:
Article 10, § 3, second, third and fourth sentences;
2° Article 12, § 1, 2°;
3° Article 12, § 1, 4°;
4° Article 12, § 2, 2°;
5° Article 12, § 2, 3°. "
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given at Châteauneuf-de-Grasse, December 27, 2006.
ALBERT
By the King:
For the Prime Minister, absent:
Deputy Prime Minister and Minister of Justice,
Ms. L. ONKELINX
The Minister of Justice,
Ms. L. ONKELINX
For the Minister of Finance, absent:
Minister of Middle Class and Agriculture,
Mrs. S. LARUELLE
For the Minister of Consumer Protection, absent:
Minister of Mobility,
R. LANDUYT
The Minister of the Interior,
P. DEWAEL
Minister of Defence,
A. FLAHAUT
For the Minister of Energy, absent:
Deputy Prime Minister and Minister of the Interior,
P. DEWAEL
Minister of Social Affairs and Public Health,
R. DEMOTTE
Minister of Average Class,
Mrs. S. LARUELLE
For the Minister of Public Service and Social Integration, absent:
Deputy Prime Minister and Minister of Justice,
Ms. L. ONKELINX
Minister of Mobility,
R. LANDUYT
Minister of Pensions,
B. TOBBACK
For the Minister of Employment, absent:
Minister of Mobility,
R. LANDUYT
The Secretary of State for the Modernization of Finance and the Fight against Tax Fraud,
H. JAMAR
For the Secretary of State for Administrative Simplification, absent:
Deputy Prime Minister and Minister of the Interior,
P. DEWAEL
For the Secretary of State for Public Enterprises, absent:
Minister of Mobility,
R. LANDUYT
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Note
(1) Documents of the House of Representatives:
51-2670 - 2006/2007:
001: Bill (Part I).
002: Bill (Part II).
003: Amendments.
004 : Addendum.
005 to 009: Amendments.
010 and 011: Opinion of the State Council.
012: Amendments.
013 : Opinion of the Council of State.
014 to 025: Amendments.
026 to 28: Reports.
029 : Opinion of the Council of State.
030 in 031: Reports.
032: Text adopted by the Committees.
033 in 034: Reports.
035: Amendments.
036 and 037: Reports.
038 to 040: Opinion of the State Council.
041 in 042: Amendments.
043 : Opinion of the Council of State.
044: Text adopted in plenary and transmitted to the Senate.
Full report: 19 and 20 December 2006.
Documents of the Senate:
3-1988 - 2006/2007:
Number 1: Project referred to by the Senate.
No. 2: Amendments.
N^bones 3-7: Reports.
No. 8: Decision not to amend.
Annales of the Senate: December 23, 2006.