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27 DECEMBER 2006. - Miscellaneous Provisions Act (II) (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 77 of the Constitution.
PART II. - Justice
CHAPTER I^er. - Amendment to the Code of Criminal Instruction and the Act of 26 March 2003 establishing a Central Body for Seizure and Confiscation and providing provisions on the value management of seized property and the execution of certain heritage sanctions
Section 1^re - Amendment of the Code of Criminal Investigation
Art. 2. Section 28octies of the Code of Criminal Investigation, inserted by the Act of 26 March 2003, is replaced by the following provision:
"Art. 28octies. § 1^er. Upon request from the Central Organ for the Seizure and Confiscation, the Crown Prosecutor who considers that the seizure should be kept on property, may:
1° authorize their alienation by the Central Organ in order to subrogate the product obtained;
2° to return them to the seized person by payment of a sum of money to which he sets the amount, in order to override them.
§ 2. The authorisation to dispose of is based on replaceable, easily determinable heritage assets and in-kind conservation may result in depreciation, damage or disproportionate costs in respect of their value.
§ 3. By a registered notification or by fax, which contains the text of this article, the Crown Prosecutor shall inform of his decision referred to in § 1^er :
1° the dependants and in whose hands the seizure was carried out, provided that their addresses are known and their lawyers;
2 that persons who according to the data of the file have expressly shown themselves to be injured by the information act and their lawyers;
3° in case of real estate seizure, creditors known according to the mortgage state and their lawyers.
A notification shall not be sent to persons who have given their consent for the management measure concerned or who have waived their rights on the seized assets.
§ 4. Persons to whom the notification has been sent may file indictments within fifteen days of notification of the decision.
This period is extended by fifteen days if one of these persons resides outside the Kingdom.
The procedure shall be carried out in accordance with the provisions of Article 28sexies, § 4, paragraphs 2 to 8.
§ 5. In the event of alienation, the Crown Prosecutor shall make the property available to the Central Organ or, at his request, to the designated agent.
§ 6. When the alienation decision relates to an immovable, the award has the effect that the rights of registered creditors are deferred to the price, subject to criminal seizure. "
Art. 3. Section 61sexies of the same Code, inserted by the Act of 26 March 2003, is replaced by the following provision:
"Art. 61sexies. § 1^er. However, the investigating judge who deems to have to keep the seizure on property assets may:
1° authorize their alienation by the Central Organ in order to subrogate the product obtained;
2° to return them to the seized person by payment of a sum of money to which he sets the amount, in order to override them.
The examining magistrate shall make an interim order when a delay may result in irreparable harm.
§ 2. The authorisation to dispose of is based on replaceable, easily determinable heritage assets and in-kind conservation may result in depreciation, damage or disproportionate costs in respect of their value.
§ 3. The investigating judge shall inform the Crown Prosecutor of his or her order under § 1^erand notify it by registered letter or fax:
1° to the dependants and in whose hands the seizure was carried out, provided that their addresses are known and their lawyers;
2° to persons who according to the data of the file have expressly manifested themselves as injured by the act of instruction and their lawyers;
3° in case of real estate seizure, creditors known according to the mortgage state and their lawyers.
The notification contains the text of this article.
A notification shall not be sent to persons who have given their consent for the management measure concerned or who have waived their rights on the seized assets.
§ 4. The Crown Prosecutor and the persons to whom the notification has been sent may bring the indictments to the board within fifteen days of the notification of the order.
This period is extended by fifteen days if one of these persons resides outside the Kingdom.
The procedure shall be carried out in accordance with the provisions of Article 61quater, § 5, paragraphs 2 to 8.
§ 5. In the event of alienation, the investigating judge shall make the property available to the Central Organ or, at his request, to the designated agent.
§ 6. When the alienation decision relates to an immovable, the award has the effect that the rights of registered creditors are deferred to the price, subject to criminal seizure. "
Section 2. - Amendment of the Act of 26 March 2003 establishing a Central Body for Seizure and Confiscation and providing provisions on the value management of seized property and the enforcement of certain heritage sanctions
Art. 4. In the title of the Act of March 26, 2003, establishing a Central Body for Seizure and Confiscation, which deals with the value management of seized property and the execution of certain heritage sanctions, the word "constant" is inserted between the word "value" and the word "of".
Art. 5. In section 2 of the Act, the following amendments are made:
1° in paragraph 1^erthe word "Central" is replaced by the word "Central";
2° in paragraph 2, the words "The headquarters of the Central Organ" are replaced by the words "His seat".
Art. 6. Section 3 of the Act is replaced by the following provision:
“Art. 3. § 1^er. It is appropriate to hear by heritage assets, hereafter referred to as "assets", movable and immovable, bodily or intangible property, which may be seized or forfeited, whose sale is lawful and which fall into the categories determined by the King or have an apparent value that exceeds a threshold fixed by him.
§ 2. In accordance with the provisions of this Act, the Central Organ shall assist the judicial authorities in criminal matters in:
1° the framework for the seizure of assets;
2° the exercise of public action aimed at the confiscation of assets;
3° the execution of judgments and judgments passed by force of judgment, taking the confiscation of assets.
§ 3. In carrying out its mission, the Central Organ:
1° renders, on an ex officio or at their request, notices to the Minister of Justice and the College of Attorneys General on matters referred to in § 2;
It shall transmit a copy of these notices to the competent minister, provided that they relate to the regulations that concern him or her or to the activities of the agents, agents and agents of his or her administration;
2° in accordance with Chapter III, Section 1^recentralized and computerized management of mission data;
3° pursuant to Chapter III, Section 2, shall, on the authorization of the Crown Prosecutor or the investigating judge, proceed with the disposition of the seized assets;
4° in accordance with chapter III, sections 2 and 3, manages, in consultation with the Crown Prosecutor or the investigating judge, the seized assets;
5° in accordance with Chapter III, Section 4, and Article 197bis of the Code of Criminal Investigation, coordinates the execution of judgments and judgments taking the confiscation of assets;
6° in accordance with Chapter III, Section 5, provides assistance to the Crown Prosecutor and the investigating judge;
7° provides thematic information to judges, police and interested public services;
8° provides assistance within the framework of international mutual legal assistance, establishes and maintains service reports, and cooperates with foreign counterpart institutions within the framework of laws and conventions.
§ 4. In accordance with their competence, the missions mentioned in § 3, 1 and 2 are carried out in consultation with the College of Attorneys General, the King's Attorneys' Council and the Criminal Policy Service. "
Art. 7. Chapter III title, section 1^re, of the same law is replaced by the following title:
“Section 1^re. - Management of assets data".
Art. 8. Section 4 of the Act is replaced by the following provision:
“Art. 4. § 1^er. The Central Organ collects, manages and processes data concerning:
1° seizure and conservation;
2° confiscation;
3° enforcement of judgments and confiscation orders.
§ 2. It manages and maintains, in a centralized and computerized manner, the data referred to in § 1^er for ten years from the first notification referred to in Article 5, § 1^er, extended, if any, until the prescription of confiscation.
§ 3. Without prejudice to Article 17, § 2, the Director of the Central Organ assumes responsibility for the processing of the data concerned. It enforces the conditions and guarantees of confidentiality and protection of the processing of such data, referred to in Article 16, §§ 2, 3 and 4, of the Act of 8 December 1992 on the protection of privacy with regard to the processing of personal data.
The Director maintains a register of persons and categories of persons authorized to consult these data and promptly communicates the register, as well as any changes made to it, to the Privacy Commission. "
Art. 9. Section 5 of the Act is replaced by the following provision:
“Art. 5. § 1^er. The Crown Prosecutor or the examining magistrate shall notify or notify the Central Organ of the seizures and the mode of retention of the assets, as well as the information identifying the persons to whom the seizure was ordered.
The Crown Prosecutor or the examining magistrate also informs the Central Organ of any new decision concerning the seized assets.
§ 2. The Crown Prosecutor or the Attorney General shall notify or notify the Central Organ of the judgments or arrests of confiscation of assets, which have been forcible.
The notification includes the data identifying the confiscated assets and the dependants of which the confiscation was pronounced.
§ 3. Competent administrations of the General Administration of Heritage Documentation and the departments responsible for the execution of judgments and forfeiture of assets outside the Kingdom are required to inform the Central Organ of enforcement data.
§ 4. The Central Organ shall request to the bodies referred to in this article the information it considers necessary to carry out its duties. "
Art. 10. Section 6 of the Act is replaced by the following provision:
“Art. 6. § 1^er. The King's Attorney ensures the constant management of seized assets.
During the course of the investigation, this management is provided by the investigating judge.
§ 2. Constant value management should be understood:
1 the alienation of seized assets, in order to subrogate the product obtained;
2 the restitution of the seized assets for payment of a sum of money, in order to subrogate them the sum;
3° the conservation in kind of assets seized according to the available means.
§ 3. In the context of this conservation referred to in § 2, 3°, the Crown Prosecutor or the examining magistrate may assign the management to a third party or the seizure, on his or her own motion or at the request of the latter, possibly on bail to be managed by the Central Organ.
By bonding, the depositor shall, by a third party or the commitment of a third party as a security deposit, for an amount and according to the mode accepted by the King's prosecutor or the investigating judge.
Bail is granted to the State or the third party's commitment becomes due as soon as the seizure or third party has remained in default of presenting the seized property or as a guarantee for the execution of the confiscation.
The failure, by the seizure or by the third party, to present the property seized or as a guarantee for the execution of the confiscation is found, on the requisitions of the public prosecutor, by the court which has pronounced the confiscation, the third bail being called to the cause.
The judgment declares, at the same time, the bail granted to the State or the commitment of the third party due.
The seizure or a third person who defects from the thing in which he or she has the management is punished by the penalties provided for in Article 507bis of the Criminal Code. "
Art. 11. Section 9 of the Act is replaced by the following provision:
“Art 9. - The secretary of the prosecutor's office, the clerk of the investigating judge or the clerk of the court concerned shall inform the Central Body of the decision referred to in Article 6, § 2, 1°, 2°, and § 3, as soon as the latter acquires a final character. "
Art. 12. Section 10 of the Act is replaced by the following provision:
“Art. 10. § 1^er. Upon receipt of authorization for disposal in accordance with sections 28octies or 61sexies of the Code of Criminal Investigation, the Central Organ shall enforce the alienation of movable property, other than values, by the Administration of Heritage Services. Where the nature or quantity of the movable property to be disposed of as required, the Central Organ may, in accordance with the Administration of Heritage Services, appeal to the intervention of a specialized agent.
With respect to buildings and values, the Central Organ entrusts the sales mandate to the Administration of Heritage Services or, in accordance with the Administration of Heritage Services, to another agent it designates.
Assets cannot be sold at a price less than the agreed fixed value between the Central Organ and its agent.
The sale is public unless special circumstances warrant the voluntary process.
§ 2. The costs of alienation, including the costs incurred by the agent's intervention, are borne by the buyer. "
Art. 13. Section 11 of the Act is replaced by the following provision:
“Art. 11. § 1^er. The sums drawn from the alienation, those paid for the return of the seized person and those from the bonds are managed by the Central Organ as a good father of the family and according to the principles of prudent and passive management.
For the purpose of carrying out this management, the Central Organ shall use the services of the Caisse des Dépôts et Consignations or registered financial institutions in Belgium or shall appoint an agent or manager. The costs of this management are court fees.
§ 2. During the restitution or confiscation of the sums managed by the Central Organ, these sums are increased by interest from the Caisse des Dépôts et Consignations or the financial institution to which they were entrusted.
The King determines the terms and thresholds from which interest must be paid.
Interest is defined as the public interest provided by the Caisse des Dépôts et Consignations or by the financial institution.
The short interest from the thirtieth day of the date on which the account indicated by the Central Organ is credited, until the thirtieth day before the date on which the account is debited. "
Art. 14. The title of chapter III, section 3, of the Act is replaced by the following title:
“Section 2. - Special management."
Art. 15. Section 12 of the Act is replaced by the following provision:
“Art. 12. - As soon as the Central Organ account is credited, it manages the currencies seized, accepted by the Caisse des Dépôts et Consignations or by the financial institution designated by it. "
Art. 16. Section 13 of the Act is replaced by the following provision:
“Art. 13. § 1^er. The Crown Prosecutor or the examining magistrate may, after consultation, request the Central Organ to ensure the management of name or bearer titles, other assets that require particular management or sums that have been seized or entrusted to a financial institution or to a manager.
When the Central Organ accepts, it manages this until the decision to assign values or assets by the competent magistrate.
§ 2. Management may relate to the conservation of assets or any other management act by the Central Organ or by a manager or agent designated by the Central Organ. This management is carried out by the Central Organ or its binding directives in accordance with the agreements reached with the Crown Prosecutor or the investigating judge. "
Art. 17. Section 14 of the Act is replaced by the following provision:
“Art. 14. - The Central Organ manages the amounts entrusted to it in accordance with the provisions of Article 11.
When the seizure relates to currencies that do not have a legal course in the Kingdom, the Central Organ can convert them to euros according to the terms and thresholds fixed by the King. "
Art. 18. The title of chapter III, section 4, of the Act is replaced by the following title:
“Section 3. - Implementation."
Art. 19. Section 15 of the Act is replaced by the following provision:
“Art. 15. - To assess the solvency of the sentenced person, the Central Organ collects any information relevant to its mission.
Thus, with the exception of the Financial Information Processing Unit, it may request the administrative departments of the federal state, regions and communities, local governments and public enterprises to provide, within the time limit it sets, all information it considers useful.
It may be communicated the same information by the companies and persons referred to in section 2 of the Act of 11 January 1993 on the prevention of the use of the financial system for the purpose of money laundering and the financing of terrorism.
The Central Organ may request the King's Prosecutor to investigate the solvency of the convict.
The Central Organ may transmit to the competent administrations of the General Administration of Heritage Documentation, after review, its own information. "
Art. 20. The title of chapter III, section 5, of the Act is replaced by the following title:
“Section 4. - Mission of support."
Art. 21. Section 16 of the Act is replaced by the following provision:
“Art. 16. - At their request, the Central Organ shall provide the Crown Prosecutor or the investigating judge with support for the seizure or confiscation of assets. "
Art. 22. The following amendments are made to section 17 of the Act:
1° § 1^er is replaced by the following provision:
« § 1^er. A member of the Public Prosecutor's Office leads the Central Organ. He's a director. He organizes work and has authority over staff.
In accordance with the provisions relating to the recruitment of public service staff, he proposed to the appropriate minister that staff be recruited or made available to the Central Organ.
It prepares an annual report of activities for the Minister of Justice and the College of Attorneys General containing an assessment of the execution of his or her duties and the application of this Act by the authorities responsible for it. It makes any useful proposal. »;
2° § 2 is replaced by the following provision:
Ҥ2. A member of the Public Prosecutor ' s Office, who is a member of a different linguistic role than the Director, is appointed Deputy Director.
He assumes him in the execution of his duties and replaces him in the event of incapacitation or absence. »;
3° § 3 is repealed;
4° § 4 becomes § 3, on the understanding that in the French text of this paragraph, the word "Minister" is replaced by the word "Minister" and that in the Dutch version of that same paragraph, the word "do" and the word "uil" are replaced by the word "of" and the word "uit";
5° § 5 becomes § 4.
Art. 23. The following amendments are made to section 20 of the Act:
1° the word "afferents" is replaced by the word "related", the words "sees in addition" are replaced by the word " perceives" and the words "one" are replaced by the word "of";
2° in the Dutch text, the words "Daarboven ontvangt hij" are replaced by the words "Hij ontvangt" and the words "van een substitute" are replaced by the words "van substitute".
Art. 24. The following amendments are made to section 22 of the Act:
1° the first sentence is replaced as follows:
"People are entitled to reimbursement of their travel and living expenses in accordance with the provisions applicable to federal public service personnel. »;
2° in the second and third sentence, the words "row 10" are replaced by the words "class A1" and the words "row 15" are replaced by the words "class A4".
Art. 25. Section 23 of the Act is replaced by the following provision:
“Art. 23. § 1^er. Any person who lends his or her assistance to the accomplishment of the missions of the Central Organ shall be held, outside the exercise of his or her functions, incommunicado about all that has been known to him or her in the performance of his or her mission or function.
Any breach of secrecy is punishable under section 458 of the Criminal Code.
§ 2. As part of the implementation of the Central Organ missions, staff perform their duties when communicating with institutions with similar missions and obligations.
The prior authorization of the Crown Prosecutor or the investigating judge is required when such communications are likely to have an influence on ongoing judicial records. "
Art. 26. In section 25 of the Act, the words "Without prejudice" are replaced by the word "obstant", the word "Central" is replaced by the word "Central" and the word "Minister" is replaced by the word "Minister".
Art. 27. The following amendments are made to section 28 of the Act:
1° the word "Central" is replaced by the word "Central";
2° in the Dutch text, the word "intrest" is replaced by the word "interest".
CHAPTER II. - Amendment of the Act of 19 March 2003 amending the Code of Criminal Investigation, the Act of 21 November 1989 on compulsory liability insurance for self-propelled vehicles
Section 1^re. - Amendment of the Act of 19 March 2003 amending the Code of Criminal Investigation
Art. 28. Section 138, 6°ter, of the Code of Criminal Investigation, inserted by the law of 11 July 1994, is replaced by the following provision:
"6°ter. offences defined in sections 22, 23 and 26 of the Act of 21 November 1989 relating to the compulsory insurance of liability for self-propelled vehicles and remedies for the seizure of such vehicles in accordance with Article 21 § 4 of the same Law. "
Art. 29. Section 165, paragraph 2, of the same Code, inserted by the Act of 19 March 2003, is replaced by the following provision:
"When the conviction takes away the forfeiture of things or amounts found or to be recovered outside the Kingdom, the Public Prosecutor shall transmit a copy of the relevant documents of the repressive file to the Minister of Justice. He advises the Central Organ for Seizure and Confiscation by sending a copy. "
Art. 30. Section 197bis of the same Code, inserted by the Act of 19 March 2003, is replaced by the following provision:
"Art. 197bis. - The prosecution for the recovery of confiscated property will be done on behalf of the Crown Prosecutor by the Domains, according to the indications of the Central Organ for the Seizure and Confiscation.
The Areas carry out the acts and introduce the requests necessary to collect or safeguard the rights recognized in the Treasury by the judgment.
The introduction of the application for justice is preceded by a consultation with the Central Organ.
When the conviction takes away the forfeiture of things or amounts found or to be recovered outside the Kingdom, the Public Prosecutor shall transmit a copy of the relevant documents of the repressive file to the Minister of Justice. He advises the Central Organ for Seizure and Confiscation by sending a copy. "
Art. 31. Section 376, paragraph 2, of the same Code, inserted by the Act of 19 March 2003, is replaced by the following provision:
"When the conviction takes away the forfeiture of things or amounts found or to be recovered outside the Kingdom, the Public Prosecutor shall forward a copy of the relevant documents of the repressive file to the Minister of Justice. He advises the Central Organ for Seizure and Confiscation by sending a copy. "
Section 2. - Amendment of the Act of 21 November 1989 on compulsory liability insurance for self-propelled vehicles
Art. 32. Section 21 of the Act of 21 November 1989 on compulsory liability insurance for motor vehicles, as amended by the Act of 19 March 2003, is replaced by the following provision:
“Art. 21. § 1^er. Where it is justified that at the time of the seizure, the civil liability to which the vehicle could give rise was covered by an insurance that meets the provisions of this Act, or that the vehicle was legally exempted from it, and where no offence under sections 22, 23 or 26 is held by the owner of the vehicle, the seizure is terminated by the Public Prosecutor's Office, the examining magistrate, the court of instruction or the court of judgment seized, unless
§ 2. In other cases, seizure may be waived only after the justification for the conclusion of an insurance contract that meets the provisions of this Act and for the payment of the vehicle's seizure and retention costs.
The lifting of the seizure may be subject to the payment of a sum of money to the Central Body for Seizure and Confiscation to guarantee the repair of the damage caused by the vehicle. Its amount is determined by the Public Prosecutor's Office, by the examining magistrate, by the examining magistrate's jurisdiction or the court of judgment seized.
§ 3. Where the seizure extends more than thirty days, the Crown Prosecutor, the examining magistrate, the investigating court or the court of judgment seized may apply the procedure provided for in articles 28octies and 61sexies of the Code of Criminal Investigation except in respect of the appeal regulated by § 4 of this article.
§ 4. When the seizure is made by the Crown Prosecutor pursuant to this Act, the persons to whom the decision has been notified under section 28octies of the Code of Criminal Investigation may appeal to the police court within fifteen days of the notification of the decision.
This period is extended by fifteen days if one of these persons resides outside the Kingdom.
The police judge is appealed by a statement made at the police court office and registered in the register for this purpose.
The King's Prosecutor shall file the evidence of his decision at the office of the Registry.
The police judge shall rule in one jurisdiction, within fifteen days of the filing of the declaration, the parties and the public prosecutor shall be heard.
The Registrar shall notify the parties and their lawyers, by fax or by registered letter to the position, of the places, date and time of the hearing, no later than 48 hours in advance.
The Clerk shall transmit a copy of the judgment to the Central Body for Seizure and Confiscation.
§ 5. After the State deducts the costs of entering and keeping the vehicle, the product of the alienation is substituted for the seized vehicle. "
Art. 33. Section 24 of the Act is replaced by the following provision:
“Art. 24. - In the cases provided for in Article 22 the courts may also:
1° declare the right to drive a self-propelled vehicle permanently or for a period of not less than eight days and not more than five years.
The provisions relating to the waiver of the right to conduct contained in the law on the road traffic police are applicable to the loss of the right to drive provided for in paragraph 1^er;
2° without prejudice to the rights of victims and the legitimate owner, order the confiscation of the vehicle. Forfeiture may be made if the owner has remained unknown. "
Art. 34. Section 25 of the Act is replaced by the following provision:
“Art. 25. - In condemning the owner of the self-propelled vehicle for violation of Article 22, the courts may order that the sum of money referred to in Article 21, § 2, paragraph 2, or the proceeds of the alienation referred to in Article 21, § 3, or, after deduction of the costs of seizure and retention of the self-propelled vehicle, affected to the repair of damage caused by the self-propelled vehicle in preference to any other receivable. "
CHAPTER III. - Amendment of various legal provisions to standardize the execution modalities of the missions to the Houses of Justice
Section 1^re. - Amendment of the Criminal Code
Art. 35. In section 37quater of the Criminal Code, inserted by the Act of 17 April 2002, the following amendments are made:
1° to § 2, the words "Ministry of Justice" are replaced by the words "SPF Justice";
2° § 2 is completed as follows:
"The King specifies the rules relating to the brief information report and the social inquiry.
These reports and investigations may only contain relevant elements to inform the authority that has sent the application to the courthouses on the appropriateness of the measure or the penalty envisaged. »;
3° the first sentence of § 3 is replaced as follows:
"Each branch of the SPF Justice Houses Service prepares twice a year a report of the existing activities that lend themselves to the completion of the work penalty. »;
4° it is inserted a § 4, written as follows:
Ҥ4. At the federal and local levels, structures for the enforcement of the labour penalty are created. The purpose of these consultative structures is to bring together on a regular basis the bodies concerned by the execution of the labour penalty in order to evaluate their collaboration. The King sets out the modalities for the composition and functioning of these structures of consultation. "
Art. 36. In section 37quinquies, of the same Code, inserted by the Act of 17 April 2002, the following amendments are made:
1° to § 1^erParagraph 1^erthe words "Department of Justice" are replaced by the words "SPF Justice";
2° in § 2, the words "the section of the Department of Justice Houses of the Ministry of Justice of the Judiciary District" are replaced by the words "the competent district section of the Department of Justice Houses of the SPF Justice";
3° in § 2, the words "by registered consignment and, if so, his advice by simple letter" are replaced by the words "by simple letter";
4° to § 2, paragraphs 2 and 3 are inserted, as follows:
"The territorial jurisdiction of the Probation Commission is determined by the place of residence of the convicted person at the time that the judgment or order passes into force of a trial. When the person concerned resides outside the territory of the Kingdom, the territorially competent Probation Commission is the place where the conviction was pronounced in the first instance.
When, in exceptional cases, the commission considers it appropriate, for a convict of a working sentence who makes a reasoned request for that purpose, to transfer jurisdiction to the commission of the place of his new residence, it shall make a reasoned decision, after that other commission has rendered a notice in conformity within two months. For a person without a residence in the Kingdom, the jurisdiction may be transferred to another probation board on the same basis, without requiring it in this case to be the commission of the place of his new residence. »;
5° § 3, paragraph 2, is replaced as follows:
"The concrete content of the working sentence is notified in a convention to be signed by the convicted person, whose legal assistant gives him a copy. The Justice Assistant also communicates a copy of the signed agreement to the Probation Board within three working days. »;
6° § 4, paragraph 3, is replaced as follows:
"The report is sent by simple letter to the convict, the Public Prosecutor's Office and the Justice Assistant. "
Section 2. - Amendment of the Code of Criminal Investigation
Art. 37. In section 216ter of the Code of Criminal Investigation, the following amendments are made:
1° in the Dutch text of § 1^er, paragraph 3, the word "vorming" is replaced by the word "opleiding";
2° to § 1^erParagraph 4 is repealed;
3° § 1^erbis is replaced by the following provision:
« § 1^erbis. When in the context of criminal mediation, the perpetrator of the offence accepts the King's Prosecutor's proposal to carry out a work of general interest, the King shall forward his decision for execution in the section of the SPF Justice Houses Service of the judicial district of the place of residence of the offender, which shall forthwith designate a justice assistant to establish and monitor the general interest of the execution of the work of the offence.
After hearing the perpetrator of the offence and taking into account his observations and his physical and intellectual capacities as well as the possible indications of the King's prosecutor, the justice assistant determines the concrete content of the work to be carried out, under the control of the King's prosecutor who, on his or her own behalf or at any time, may specify and adapt it.
The concrete content of the work of general interest is notified in a convention to be signed by the perpetrator of the offence, of which the justice assistant gives him a copy. The Justice Assistant also communicates a copy of the agreement signed to the King's Prosecutor.
In the event of complete or partial non-performance of the work of general interest, the Justice Assistant shall promptly inform the Crown Prosecutor. In this case, the King's Attorney may summon the person concerned, hear him in his observations and refer the file to the justice assistant or decide to close his intervention. »;
4° in § 7, paragraph 1^er, the words "Department of Justice" are replaced by the words "SPF Justice" and the words "of their activities" are replaced by the words "of the evolution of the file";
5° it is inserted a § 8, written as follows:
“§ 8. At the federal and local levels, consultation structures relating to the application of this article are created. The purpose of these consultative structures is to bring together on a regular basis the bodies involved in the implementation of this article in order to evaluate their collaboration. The King sets out the modalities for the composition and functioning of these structures of consultation. »
Section 3. - Amendment of the Act of 9 April 1930 on Social Defence in respect of abnormalities, ordinary offenders and perpetrators of certain sexual offences, replaced by the Act of 1^er July 1964
Art. 38. The title of Chapter III of the Act of 9 April 1930 of Social Defence in respect of abnormals, ordinary offenders and perpetrators of certain sexual offences, replaced by the Act of 1^er July 1964:
"and the establishment of structures of consultation".
Art. 39. An article 13bis, as follows, is included in Chapter III of the Act:
"Art. 13bis. - At the federal and local levels, structures for consultation on the application of this law are created. The purpose of these consultative structures is to bring together on a regular basis the bodies involved in the implementation of this Act in order to evaluate their collaboration. The King sets out the modalities for the composition and functioning of these structures of consultation. "
Art. 40. In section 18 of the Act, the following paragraph shall be inserted between paragraphs 1^er and 2:
"For this purpose, the commission may, on its own motion or at the request of the internee or his lawyer, charge the district section of the SPF Justice House Service of the place of residence of the internee of the drafting of a brief information report or the execution of a social inquiry. The King specifies the terms and conditions for the brief information report and the social inquiry.
These reports and investigations may only contain relevant elements to inform the authority that has sent the application to the courthouses on the appropriateness of the measure or the penalty envisaged. "
Art. 41. The following amendments are made to section 19 of the Act:
1st paragraph 1^er is replaced by the following provision:
"The decision to release becomes enforceable after a period of 4 days from the decision to release. »;
2° in paragraph 2, the words "This one" are replaced by the words "The Crown Prosecutor".
Art. 42. In section 20 of the Act, as amended by the laws of 7 May 1999 and 28 November 2000, the following amendments are made:
1° in paragraph 4, the words "as well as the designated justice assistant for social protection" are inserted between the words "commission" and "in the month";
2° the last paragraph is replaced as follows:
"In the framework of this tutelage, the liberated person is also subject to social tutelage, which is exercised by the justice assistant designated for this purpose by the director of the house of the judicial district of the place of residence of the liberated person. This tutelage ensures social guidance which aims to avoid recidivism by monitoring and monitoring conditions. In the month following the release, this justice assistant reports to the commission, and then every time he considers it useful or the commission invites him, and at least once every six months. Where applicable, it proposes the measures it deems necessary. "
Section 4. - Amendment of the Suspension, Suspension and Probation Act of 29 June 1964
Art. 43. Section 2 of the Suspension, Suspension, Probation Act of 29 June 1964, replaced by the Act of 22 March 1999, and amended by the Acts of 7 May 1999 and 28 March 2000, are amended as follows:
1° to § 1^erParagraph 1^er, the words "a probation assistant" are replaced by the words "the section of the Department of Justice Houses of the SPF Justice district of the place of residence the accused";
2° to § 1^er, paragraph 2, the words "a probation assistant" are replaced by the words "the section of the Department of Justice Houses of the SPF Justice of the judicial district of the place of residence of the accused";
3° in § 2, the words "a probation assistant" are replaced by the words "the section of the SPF Justice House Service of the judicial district of the offender's place of residence".
Art. 44. Section 9 of the Act, as amended by the Act of 7 May 1999, is replaced by the following provision:
“Art. 9. - Indictees and convicts to whom a probatory measure has been imposed under articles 3 and 8 are also subject to social guidance by Justice Assistants of the SPF Justice Houses Service. The purpose of this social guidance is to avoid recidivism by monitoring and monitoring compliance.
The execution of probatory measures is controlled by probation commissions. "
Art. 45. In article 9bis, paragraph 3, of the same law, inserted by the law of November 28, 2000, the words "and the assistant of justice" are inserted between the words "probation commission" and ", in the month".
Art. 46. An article 10bis, as follows, is inserted in the same law:
"Art. 10bis. - At the federal and local levels, structures for consultation on the application of this law are created. The purpose of these consultative structures is to bring together on a regular basis the bodies involved in the implementation of this Act in order to evaluate their collaboration. The King sets out the modalities for the composition and functioning of these structures of consultation. "
Art. 47. In section 11 of the Act, as amended by the Act of 7 May 1999, the following amendments are made:
1° in paragraph 2, first sentence, the words "Ministry of Justice of the Borough, which designates the agent" are replaced by the words "PFS Justice of the Borough, which designates the assistant of justice";
2° in paragraph 2, second sentence, the word "agent" is replaced by the words "legal assistant";
3° in paragraph 2, second sentence, the words "by registered letter to the post" are replaced by the words "by simple letter";
Paragraph 3 is replaced by the following provision:
"In the month following the appointment of the justice assistant, and then whenever he considers it useful or at the commission's request and at least once every six months, he reports to the probation commission on compliance. Where applicable, it proposes the measures it deems necessary. "
Section 5. - Amendment of the Act of 20 July 1990 on preventive detention
Art. 48. In section 35 of the Act of 20 July 1990 on preventive detention, as amended by the Act of 28 November 2000, the following amendments are made:
1° § 1^er is completed by the following paragraph:
"In order to determine the conditions, the examining magistrate may proceed by the section of the Department of Justice Houses of the SPF Justice of the judicial district of the place of residence of the person concerned to a social investigation or a brief information report. The King specifies the terms and conditions for the brief information report and the social inquiry.
These reports and investigations may only contain relevant elements to inform the authority that has sent the application to the courthouses on the appropriateness of the measure or the penalty envisaged. »;
2° to § 6, paragraph 2, the words "and to the Justice Assistant of the Justice Houses Service of the SPF Justice which is responsible for the support and control" are inserted between the words " or to the jurisdiction" and "in the month".
Art. 49. Article 38, § 1^erParagraph 1^erthe same Act, as amended by the Act of 7 May 1999 and the Act of 28 November 2000, is replaced by the following provision:
“Art. 38. § 1^er. For the assistance and verification of compliance, the SPF Justice Houses Service may be called upon to comply with the prohibition conditions being controlled by the police. As part of the monitoring of compliance, the Justice Assistant of the SPF Justice Houses Service, designated under this framework, will prepare a report not later than 15 days before the end of the time limit for release under conditions. An intermediary report may be prepared at any time in the event of non-compliance or if a difficulty with respect to the conditions appears. "
Art. 50. Au Part I^er, Chapter X, of the same law, it is inserted an article 38bis, as follows:
"Art. 38bis. - At the federal and local levels, structures for consultation on the application of this law are created. The purpose of these consultative structures is to bring together on a regular basis the bodies involved in the implementation of this Act in order to evaluate their collaboration. The King sets out the modalities for the composition and functioning of these structures of consultation. "
Section 6. - Amendment of the Act of 30 March 1994 on social provisions
Art. 51. In article 69, 3°, first dash, of the Act of 30 March 1994 on social provisions, the words "of a working sentence" are inserted between the words "work of general interest" and the words "training".
Section 7. - Amendment of the Act of 17 May 2006 on the external legal status of persons sentenced to deprivation of liberty and the rights recognized to the victim in the execution of the sentence
Art. 52. It is included in the Act of 17 May 2006 on the external legal status of persons sentenced to deprivation of liberty and the rights recognized to the victim in the execution of the sentence, a Title XIIbis, including article 98bis, which reads as follows:
"ITTRE XIIbis. - Structures of consultation
Art. 98bis. - At the federal and local levels, structures for consultation on the application of this law are created. The purpose of these consultative structures is to bring together on a regular basis the bodies involved in the implementation of this Act in order to evaluate their collaboration. The King sets out the modalities for the composition and functioning of these structures of consultation. "
CHAPTER IV. - Amendment of the Act of 17 May 2006 on the external legal status of persons sentenced to deprivation of liberty and the rights recognized to the victim in the execution of the sentence
Art. 53. Article 3, § 4, paragraph 2, of the Act of 17 May 2006 relating to the external legal status of persons sentenced to deprivation of liberty and to the rights recognized to the victim in the execution of the sentence, is supplemented by the words "and the Public Prosecutor's Office. "
Art. 54. In section 10 of the Act, the following amendments are made:
1° to § 2, paragraphs 1^er and 2, the word "days" is each time replaced by the words "working days";
2° to § 2, the following paragraph shall be inserted between paragraphs 2 and 3:
"The decision to grant leave or leave of absence is communicated within twenty-four hours to the prosecutor of the King of the Borough where leave of absence or prison leave will take place. "
Existing paragraph 3 of § 2, which becomes paragraph 4, is supplemented as follows: "and, where applicable, conditions imposed in its interest. »;
3° § 3, paragraph 1^er, is completed as follows:
"This delay in introducing a new application may be reduced on the basis of the Director's reasons. »;
4° in § 4, first sentence, the words "and to the extent that the Director's opinion on granting was positive" are inserted between the words "the time limit" and the words "the minister".
Art. 55. Article 14, paragraph 1^er, of the same law, is supplemented as follows:
"In the cases referred to in section 59, the King's Attorney shall communicate his decision to the Public Prosecutor's Office and the Justice of the Enforcement of Penalties or the Court of Enforcement of Penalties. "
Art. 56. Article 17, § 2, of the Act, is supplemented by the following paragraph:
"The decision to grant an interruption of the execution of the sentence is communicated within 24 hours to the prosecutor of the King of the Borough where the interruption of the execution of the sentence will take place. "
Art. 57. In article 30, § 2, paragraph 2, of the same law, the words "or stop" are inserted between the words "judgment" and "conviction".
Art. 58. In section 31 of the Act, the following amendments are made:
1° to § 1^erdash 7 is replaced by the following provision:
"if applicable, the reasoned advice of a service or a specialized person in the diagnostic expertise of sexual offenders;
2° to the Dutch text of § 4, the words "aan de strafuitvoeringsrechtbank" are replaced by the words "aan de griffie van de strafuitvoeringsrechtbank".
Art. 59. Article 32, § 1^erParagraph 1^erthe following amendments are made:
1° the comma after the words "same code" is deleted;
2° the words "of a service specialized in the guidance or treatment of sexual offenders" are replaced by the words "of a service or a specialized person in the diagnostic expertise of sexual offenders".
Art. 60. In Article 33, § 1^er, of the same law, the words ", if any," are inserted between the words "inmate and" and the words "in the director".
Art. 61. In section 38 of the Act, the word "seven" is replaced by the word "fourteen".
Art. 62. In section 41 of the same law, comma after the words "even Code" is deleted.
Art. 63. In section 54 of the Act, the word "seven" is replaced by the word "fourteen".
Art. 64. In Article 60, paragraph 1^erin the same law, the words "sections 25 or 26" are replaced by the words "by this Act".
Art. 65. Article 61, § 2, paragraph 1^er, of the same Act, is replaced by the following paragraph:
"The convict shall be summoned by judicial fold to appear before the judge of the application of the penalties or, if any, before the court of application within seven days of the finding of incompatibility. The summons by judicial fold suspends the execution of the decision to grant the execution of the sentence in question. "
Art. 66. Article 62, § 3, paragraph 3, of the Act is repealed.
Art. 67. In section 63, § 2, of the same law, the words ", the director and, if any," are replaced by the words "and, if any, the director and".
Art. 68. The following amendments are made to section 68 of the Act:
1° § 1^erParagraph 1^er, is completed as follows:
"The review of the case takes place at the first useful hearing of the sentencing judge or the sentencing court. This hearing must be held no later than fifteen days after the referral by the Public Prosecutor's Office of the Justice of the Enforcement of Penalties or the Court of Enforcement. »;
2° in § 4, the word "15" is replaced by the word "seven".
Art. 69. In section 70, paragraph 2, of the Act, the words "five days" are replaced by the words "seven working days".
Art. 70. In Article 71, paragraph 2, of the Act, the words "Subject to the application of Article 44, § 5" are inserted before the words "the trial period is equal".
Art. 71. In section 73 of the Act, the following amendments are made:
1° in 1°, the words "the interruption of the execution of his sentence" are replaced by the words "provisional release for medical reasons";
2° in 2°, the words "or its representative" are inserted between the words "convict" and "signs its agreement".
Art. 72. In Article 74, § 1^erParagraph 1^er, in the same law, the words "or his representative" are inserted between the words "of the convict" and "by the judge of the application of penalties".
Art. 73. In section 76 of the Act, the word "77" is replaced by the word "79".
Art. 74. Section 80 of the Act is supplemented by the following paragraph:
"The limitation period of the sentence does not run during provisional release for medical reasons. "
Art. 75. In Article 87, § 2, the first dash of the same law, the word "374bis" is replaced by the word "347bis".
Art. 76. Section 105 of the Act is replaced by the following provision:
"Art. 105. - Section 20 of the Police Service Act of 5 August 1992, as amended by the Acts of 5 March 1998 and 7 December 1998, are amended as follows:
1st paragraph 1^er is replaced by the following paragraph:
"The police service monitors convicted persons who receive a modality of execution of their custodial sentence, convicted persons who are entitled to any other measure that suspends the execution of the sentence, convicted persons on prison leave, convicted persons on probation or probation, and accused persons left or released in accordance with the law on pretrial detention. »;
2° paragraph 2 is replaced by the following paragraph:
"They also ensure that they are respected the conditions that are communicated to them and that they are imposed on convicted persons who receive a modality of execution of their custodial sentence, on convicted prisoners who are entitled to any other measure that suspends the execution of the sentence, on convicts on prison leave, on convicts on probation or on probation, as well as on accused persons who are left or released in accordance with the law. " "
Art. 77. Section 107 of the Act is supplemented by the following paragraph:
"However, the decisions taken by parole boards in accordance with Article 4, § 6, of the Act of 5 March 1998 on conditional release and amending the Act of 9 April 1930 on social defence in respect of abnormals and ordinary offenders, replaced by the Act of 1^er July 1964, as well as the deferral decisions made by staff conferences in accordance with Article 3, §2, of the same Act, continue to come out after the coming into force of this Act. "
Art. 78. The provisions of this chapter come into force on the same date as the provisions they amend.
CHAPTER V. - Amendment of the Act of 17 May 2006 establishing courts for the application of penalties
Art. 79. Section 7 of the Act of 17 May 2006 establishing courts for the application of penalties, section 80 bis, paragraph 1^er, of the Judicial Code, is replaced by the following provision:
"In the event of a judge's incapacity in the court of application of sentences, the first president of the court of appeal shall designate an effective judge in the court of first instance of the court of appeal, who consents to replace him. "
Art. 80. Section 79 comes into force on the day of the coming into force of section 7 of the Act of 17 May 2006 establishing courts for the enforcement of sentences.
CHAPTER VI. - Amendment of the Judicial Code
Section one. - Amendment of the procedure for the appointment of candidate magistrate (3rd track)
Art. 81. In article 191bis, § 2, of the Judicial Code inserted by the law of 7 April 2005 in place of the former article 191bis of the same Code, restored by the law of 15 June 2001 and annulled by the Court of Arbitration decision No. 14/2003 of 28 January 2003, the following paragraph is inserted between paragraphs 10 and 11:
“The procedural deadlines are suspended from 15 July to 15 August. "
Section 2. - Amendment of the Judicial Code
Art. 82. The following amendments are made to the article: 259 of the same Code, inserted by the Act of 22 December 1998 and amended by the Acts of 3 May 2003, 17 May 2006, 13 June 2006 and 5 August 2006:
1° to § 1^er, 4°, paragraph 1^er, the words "amongst judges in courts of first instance" are replaced by the words "amongst judges or judges of complement to courts of first instance";
2° to § 1^er, 4°, paragraph 4, the words "amongst judges in the first instance court" are replaced by the words "amongst judges or judges of complement to the first instance court and the words "ten years" are replaced by the words "five years";
3° to § 1^er, 5°, paragraph 1^er, the words "and substitutes of the King's Prosecutor of Supplement" are added after the words "among the substitutes of the King's Prosecutor";
4° to § 1^er, 5°, paragraph 4, the words "and the substitutes of the King's Prosecutor of Supplement" are added after the words "among the substitutes of the King's Prosecutor and the words "ten years" are replaced by the words "five years".
Art. 83. An article 326bis, as follows, is inserted in the same Code:
"Art. 326bis. - In the event of the incapacity of a deputy of the King's procurator specialized in the application of penalties, the Attorney General at the Court of Appeal designates a magistrate of a prosecutor's office of the King to replace him.
In the event of exceptional circumstances, after receiving the advice of the heads of bodies concerned, the Attorney General near the Court of Appeal designates a magistrate of a prosecutor's office of the King of his jurisdiction, who has followed a continuous training specialized in the application of the penalties organized in the course of the training of the judges referred to in article 259bis -9, § 2, to perform the functions of deputy of the King's attorney specialized in the application of penalties for a period of more than two years.
If necessary, the Minister of Justice shall delegate, in accordance with the Law on the Use of Languages in Judiciary and on the advice of the heads of bodies and the Attorney General concerned, a magistrate of the Public Prosecutor's Office of another jurisdiction who has undergone continuous training specialized in the application of the penalties organized in the framework of the training of the judges, referred to in article 259bis -9, § 2, to perform the functions of deputy of the procurator of the King specialized prosecutor.
The designations referred to in paragraph 1^er and 2 and the delegation referred to in paragraph 3 may only take place with the consent of the magistrate. In the event that, by failing this consent, continuity of public service is clearly at risk, the Attorney General, for the designations provided for in paragraph 1^er and 2 and the Minister of Justice, for the delegation provided for in paragraph 3, may, on further notice of the heads of bodies concerned, decide on the designation or delegation without the consent of the judge concerned. "
Art. 84. Article 83 comes into force on 1^er February 2007.
Section 3. - Counsel to the Court of Cassation
Art. 85. In the Dutch text of article 478, paragraph 2, of the same Code, replaced by the law of 6 December 2005, the words "ingeschreven staan" are replaced by the words "ingeschreven geweest zijn".
Art. 86. This section comes into force on 2 January 2007.
CHAPTER VII. - Amendments to the laws of 8 April 1965 and 1^er March 2002 on juvenile delinquency and the Judicial Code
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. 87. Section 5 of the Act of 13 June 2006 amending the legislation on the protection of youth and the care of minors who have committed a crime, section 29bis, first sentence, 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 fact, is replaced by the following provision:
"Art. 29bis. - When the youth court has declared an offence for which a minor was prosecuted, it may, upon requisition of the public or public prosecutor's office, order persons who exercise parental authority over the minor to perform a parental training, if they demonstrate a disinterest in the offender's behaviour, and that this disinterest contributes to the problems of the minor. "
Art. 88. In Article 7, 2°, of the same law, Article 37, § 2, paragraph 2, first sentence, of the Act of 8 April 1965 on the protection of youth, the care of minors who have committed a crime and the reparation of the damage caused by this fact, is supplemented by the words "submitted by the head of a crime".
Art. 89. In section 11 of the Act, section 45 bis, first sentence, 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 fact, is replaced by the following provision:
"Art. 45bis. - When persons who exercise parental authority over a minor who declares that he or she has not committed a qualified offence demonstrate a disinterest in the offender behaviour of the minor, and that this disinterest, which contributes to the problems of the minor, the King's attorney may propose to them to carry out a parental internship. "
Art. 90. In article 13 of the same law, the word "proposed" is replaced by the word "proposed of" in article 45quater, § 2, paragraph 2, of the Act of 8 April 1965 on the protection of youth, the care of minors who have committed an offence and the reparation of the damage caused by this fact.
Art. 91. In section 13 of the same Act, the words "the perpetrator of the offence is replaced by the words "the person referred to in section 36, 4," in section 45quater, § 3, paragraph 2, of the Act of 8 April 1965 on the protection of youth, the care of minors who have committed a crime and the reparation of the damage caused by this fact.
Art. 92. Article 37 § 2, paragraph 1^er, 8° of the Act of 8 April 1965 on the Protection of Youth, the Care of Minors who have committed a crime and the Compensation caused by this fact, as amended by the Act of 13 June 2006, is supplemented as follows:
"In the event of placement in a closed education system, the procedure for exiting the facility referred to in section 52quater, paragraphs 3 to 6, 9 and 10 applies. "
Art. 93. Article 37, § 2quater, paragraph 1^er, 4°, and 37, § 2quater, 2nd paragraph, 5°, of the same law, inserted by the law of 13 June 2006, the words "have been the object" are replaced by the words "are the object".
Art. 94. In Article 48, § 2, last paragraph, of the same law, the words "in accordance with Article 38" are replaced by the words "in accordance with Article 57 bis".
Art. 95. Article 51, § 1^er, of the same law, as amended by the law of June 13, 2006, the words "and all possible victims" are deleted.
Art. 96. Article 52 bis, paragraph 1^er the words "section 52quater, paragraph 4" are replaced by the words "section 52quater, paragraphs 7 and 8".
Art. 97. In section 52ter, paragraph 4, of the Act, amended by the laws of 15 May and 13 June 2006, the words "his lawyer and to" are deleted.
Art. 98. Section 52quater, paragraph 3, of the Act, is replaced by the following paragraphs:
"In addition, the outflows of the institution's individual are subject to the following conditions:
1° the exits of the institution for judicial appearances of medical needs or to attend the funeral in Belgium in case of death of a family member up to the second degree included, do not require authorization from the youth judge or youth court. On the other hand, the institution informs the youth judge or youth court before faxing any exit in this direction. The King may by royal decree deliberated in the Council of Ministers extend this rule to other types of exits;
2° the types of exits described in the pedagogical project that the public youth welfare institution communicates to the youth judge or youth court with reference to the types of supervision by type of exits, may be prohibited by the youth judge or youth court by reason of decision for one or more of the reasons described in paragraph 4. The prohibition may also be limited to certain types of activities and may be linked to insufficient supervision;
3° the outputs in activities not explicitly part of the educational project of the public youth welfare institution are the subject of a case-by-case request to the youth judge or youth court, specifying the type of supervision provided. The application is made no later than five working days before the start of the activity. The youth judge or youth court shall decide within four working days. Copy of the application is promptly communicated to the Public Prosecutor's Office by the Registry.
The decision of the judge or youth court is notified by fax to the public youth welfare institution. Copy of the decision is communicated within 24 hours to the Public Prosecutor's Office by the Registry. In the event of a ban on leaving the institution, the judge or youth court mentions the grounds for this prohibition that are based on one or more of the following reasons:
1° the person concerned has a dangerous behaviour for himself or others;
2° There are serious reasons to fear that the person concerned, if released, commits new crimes or offences, subtracts from the action of justice, tries to eliminate evidence or collusion with third parties;
3° the interest of a victim or his surroundings requires this prohibition. The youth judge or youth court may request the reception service to victims to write a victim file.
The Public Prosecution Service's appeal against an exit referred to in paragraph 3, 2 or 3 is suspensive during the fifteen days following the appeal. The appeal against an exit referred to in paragraph 3, 2°, must be lodged within 48 hours, which runs from the communication of the youth judge's decision or youth court's decision to entrust the youth to a public community youth protection institution, in a closed educational system. The Public Prosecutor's Office shall promptly inform the public community institution for the protection of the youth concerned.
The youth judge or youth court may, at any time, either on its own or at the request of the public prosecutor, amend the decision referred to in paragraph 3, 2 and 3°. "
Art. 99. Article 58, paragraph 1^er in the same law, the words "section 52quater, paragraph 6" are replaced by the words "section 52quater, paragraph 9".
Art. 100. In section 60, paragraph 3, of the Act, as amended by the Act of 13 June 2006, the following amendments are made:
1° after the first sentence, the following sentence is inserted:
"The Registry shall promptly send a copy of the request to the Public Prosecutor's Office. »;
2° the second sentence, which becomes the third sentence, is supplemented by the words ", as well as the public ministry if the latter makes the request. "
Art. 101. In section 63quater of the Act, the words "section 52quater, paragraphs 6 and 7" are replaced by the words "section 52quater, paragraphs 9 and 10".
Art. 102. In section 89 of the Act, amended by the Act of 13 June 2006, the words "71, 80, 81, 82, 85 and 86" are replaced by the words "71 and 85".
Section 2. - Amendments to Act of 1^er March 2002 on the temporary placement of minors who have committed a crime
Art. 103. Article 6, § 2, of the Law of 1^er March 2002 on the temporary placement of minors who have committed a crime is supplemented by the following paragraphs:
"Copy of the Centre's management notice and authorization is, upon receipt and without delay, communicated by the Registry to the Public Prosecutor's Office.
The outings of the institution for judicial appearances of medical needs or to attend the funeral in Belgium in case of death of a family member up to the second degree included do not require authorization from the youth judge or the investigating judge. The King can extend this rule to other types of exits.
If the youth court or the investigating judge refuses the authorization requested to leave the centre, he shall mention the reasons for the prohibition that are based on one or more of the following reasons:
1° the person concerned has a dangerous behaviour for himself or others;
2° There are serious reasons to fear that the person concerned commits new acts of crime, subtracts from the action of justice, tries to eliminate evidence or collusion with third parties;
3° the interest of a victim or his surroundings requires this prohibition. The youth judge or the investigating judge may request the reception service to victims to write a victim record. "
Art. 104. § 1^er is deleted and the distribution in paragraphs is abandoned.
Art. 105. Section 8, paragraph 2, of the Act is supplemented as follows:
"On the other hand, the appeal against an exit authorization from the centre is suspensive during the fifteen days following the appeal. "
Section 3. - Amendment of the Judicial Code
Art. 106. Section 144s, paragraph 2, of the Judicial Code, inserted by the Act of 13 June 2006, is supplemented as follows:
"3° establish permanent contacts with the leaders of the community departments responsible for the implementation of investment decisions in accordance with their respective competencies. "
Section 4. - Final provision
Art. 107. This article and articles 87, 88, 89, 95, 97, 100, 102, 104 and 106 come into force on 1^er January 2007.
Articles 92, 96, 98, 99, 101, 103 and 105 come into force on 1^er March 2007.
The King sets the date of entry into force of Article 94.
CHAPTER VII. - Amendment of the Act of 7 July 1969 establishing the framework for staff in courts and labour courts
Art. 108. In the table "Tribunals of Labour" in section 1^er of the Act of 7 July 1969 defining the framework of the staff of the labour courts and tribunals, the column entitled "Commis-greffiers", as amended by the Act of 12 January 1993, is replaced by the following column:
For the consultation of the table, see image
Art. 109. Section 108 comes into force on 1^er September 2007.
PART III. - Inside
CHAPTER I^er. - Regulation of the passage of members of the Standing Committee on Refugee Appeal to the Council of the Litigation of Foreigners
Art. 110. The permanent members of the Standing Committee on Refugee Appeal are appointed as full judges to complement the litigation of foreigners in the Council of the Litigation of Foreigners on the date referred to in Article 231 of the Act of 15 September 2006 reforming the Council of State and creating a Council of the Litigation of Foreigners.
The term of office of alternate assessors of the Standing Refugee Appeals Board shall be terminated in full right on the date referred to in paragraph 1^er.
Art. 111. § 1^er. The administrative, social and financial status of judges to supplement the litigation of aliens is regulated by the provisions that were applicable to members of the Permanent Refugee Appeals Board appointed on a final basis on the eve of the entry into force of their full-law appointment.
Derogation from paragraph 1^erthe following provisions of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens, inserted by the Act of 15 September 2006, apply to them:
1° Article 39/29;
Articles 39/34 to 39/36;
3° Articles 39/38 to 39/44, on the understanding that the age referred to in Article 39/38, § 1^erParagraph 1^eris the one determined by their initial administrative status;
4° Articles 39/45 to 39/50, on the understanding that the complementary judges who are seconded, are not taken into account in calculating the number referred to in section 39/49, paragraph 7;
5° articles 39/52 and 39/53.
§ 2. The supplemental judge who has at least eleven years of service seniority, whether as a permanent member of the Standing Refugee Board, as a supplemental judge or for both functions, has an annual salary allowance of € 1.487. If a subsequent periodic assessment results in the "sufficient" final statement, it loses this allowance from the first day of the month following the notification of the final assessment.
Without prejudice to the salary allowance provided for in paragraph 1^er, the supplemental judge who has at least seven years of service seniority for this function, receives a increase of 1.487 euros on favourable and formally motivated advice from the head of body and as long as he has not obtained, during his periodic evaluation, the mention "sufficient". If a subsequent periodic assessment results in the "sufficient" final statement, it loses this increase from the first day of the month following the notification of the final assessment.
Art. 112. Judges to supplement the contentiousness of foreigners deal with appeals which the Aliens Litigation Council may know on the basis of Article 39/2, § 1^erof the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens.
They are assigned by the first president to a room of which they belong. They cannot preside over this chamber when it sits on three judges.
Complementary judges are part of the General Assembly of the Aliens Litigation Council but cannot preside over it.
By derogation from paragraph 3, they are not part of the General Assembly of the Council when the Council exercises its powers referred to in sections 39/19, 39/20, 39/24, 39/25 and 39/40.
Art. 113. This chapter comes into force on the date fixed by Article 231 of the Act of 15 September 2006 reforming the Council of State and creating a Council of the Litigation of Foreigners.
CHAPTER II. - Amendment of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens
Art. 114. In section 39/18 of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens, inserted by the law of 15 September 2006, the words "refugee candidate" are replaced by the words "refugee applicant".
Art. 115. Section 39/24 of the Act, inserted by the Act of 15 September 2006, is amended as follows:
1° in § 2, paragraph 3, the words "the respective rights and merits" are replaced by the words "the respective titles and merits", and the word "evaluation" is replaced by the word "appraisal";
2° in § 2, paragraph 6, the words "appointment procedure" are replaced by the words "designation procedure";
3° in § 3, paragraph 1^er, the words "previous mandate" are replaced by the words "expired mandate";
4° in § 3, paragraph 2, the words "must be renewed" are replaced by the words "is renewed".
Art. 116. In section 39/27 of the Act, inserted by the Act of 15 September 2006, the following amendments are made:
1° in § 1^erParagraph 1^erthe words "legal delay" are replaced by the words "legal backlog";
2° in § 2, paragraph 1^er, 2°, 1^er dashes, the words "expected cases and the judicial backlog" are replaced by the words "sustaining cases and jurisdictional backlog";
3° in § 2, paragraph 3, the words "operational relations" are replaced by the words "activity relations".
Art. 117. In section 39/28 of the Act, inserted by the Act of 15 September 2006, the following amendments are made:
1° in § 4, paragraph 2, the words "recommended consignment" are replaced by the words "recommended letter";
2° in § 4, paragraph 3, the words "receipt of the appeal" are replaced by the words "receipt of the appeal".
Art. 118. In section 39/29 of the Act, inserted by the Act of 15 September 2006, the following amendments are made:
1° in § 1^er, the words "where it must" are replaced by the words "in which the interested person must";
2° in § 3, paragraph 2, the words "not obtained" are replaced by the words "not granted";
3° in § 4, paragraph 2, the words "the request for termination" are replaced by the words "the action for termination";
4° in § 4, paragraph 3, the words "special rules" are replaced by the words "special rules" and the words "unlike" are replaced by the words "by derogation from";
5° in § 5, paragraph 2, the words "is executed" are replaced by the words "is exercised".
Art. 119. In section 39/30 of the Act, inserted by the Act of 15 September 2006, the following amendments are made:
1° in § 2, the words "is done by" are replaced by the words "is done by" and the words "of those who" are replaced by the words "among those who";
2° in § 3, paragraph 1^er, the 2nd to 4th sentences are replaced by the following text: "If the mention is "sufficient", the interested person shall, at the expiry of his term, resume the function in which he was last appointed, if any overnumbered. The first president forwards an order to the Federal Interior Public Service that determines the extension or termination of the mandate. "
Art. 120. In section 39/31 of the Act, inserted by the Act of 15 September 2006, the following amendments are made:
1° in § 2, the words "taking place" are replaced by the words "is done";
2° in § 4, 2^e to 4^e sentences are replaced by the following:
"In the event that this mention is "sufficient", the person concerned shall, at the expiry of his term, resume the function in which he was last appointed, if any overcrowded. The first president forwards an order to the Federal Interior Public Service that determines the extension or termination of the mandate. "
Art. 121. Section 39/32, § 3, paragraph 2, of the Act, inserted by the Act of 15 September 2006, is replaced by the following paragraph:
"Without prejudice to paragraph 1^er, the exemptions obtained under section 39/45 shall be suspended ex officio for the period specified in paragraph 1^er. No new derogation is granted during this period. "
Art. 122. In Article 39/33, § 2, paragraph 1^er, from the same law, inserted by the law of September 15, 2006, the words "final decision" are replaced by the words "final assessment".
Art. 123. Section 39/37 of the Act, inserted by the Act of 15 September 2006, is replaced by the following provision:
"Art. 39/37. - The salaries, increases and allowances for members of the Council and the Registry shall be determined by law. "
Art. 124. In section 39/38 of the Act, inserted by the Act of 15 September 2006, the following amendments are made:
1° in § 2, paragraph 2, the words "in the availability position" are replaced by the words "in availability";
2° § 3, paragraph 2, is replaced by the following paragraph:
"The King decides to keep the members of the Registry active, on the advice of the Council of Ministers. "
Art. 125. In section 39/39 of the Act, inserted by the Act of 15 September 2006, 1^re sentence is replaced by the following:
"Art. 39/39. - Members of the Council and the Registry who, with severe and permanent infirmity, are no longer able to properly perform their duties and who have not requested their retirement, are notified by the first President, by registered letter to the position. "
Art. 126. In article 39/40, paragraph 1^er, from the same law, inserted by the law of September 15, 2006, the words "has not asked for his retirement" are replaced by the words "has not asked for his retirement."
Art. 127. In article 39/41, paragraph 1^er, from the same law, inserted by the law of September 15, 2006, the words "The decision is" are replaced by the words "The decision referred to in section 39/40 is".
Art. 128. Section 39/44 of the Act, inserted by the Act of 15 September 2006, is replaced by the following provision:
"Art. 39/44. - The decision referred to in section 39/42 shall be sent to the Minister within fifteen days of the time when the Minister has acquired the force of the order. "
Art. 129. In section 39/49, paragraph 4, of the same law, inserted by the law of September 15, 2006, the words "Supplied licensees" are replaced by the words "Separed members" and the words "The time they spend in the position of" are replaced by the words "the period of".
Art. 130. In section 39/50, paragraph 1^er, from the same law, inserted by the law of September 15, 2006, the words "with notice" are replaced by the words "on notice".
Art. 131. In section 39/55 of the Act, inserted by the Act of 15 September 2006, the following amendments are made:
1° in paragraph 1^erthe word "renewable:" is replaced by the word "renewable." »;
2° in paragraph 2, the words "No one can" are replaced by the words "No one can".
Art. 132. Section 39/57, paragraph 2, of the Act, inserted by the Act of 15 September 2006, is replaced by the following provision:
"The appeal for cancellation referred to in Article 39/2, § 1^erParagraph 3, and § 2, shall be submitted by request within thirty days of notification of the decision against which it is directed. "
Art. 133. In section 39/58, paragraph 4, of the same law, inserted by the law of September 15, 2006, the words "All service" are replaced by the words "All notification".
Art. 134. In section 39/59 of the Act, inserted by the Act of 15 September 2006, the following amendments are made:
1° in § 1^erParagraph 1^erthe words "the facts invoked by the requesting party are deemed to be proven" are replaced by the words "the facts cited by the requesting party are deemed to be proven unless these facts are manifestly inaccurate";
2° in § 2, paragraph 2, the words "All meaning" are replaced by the words "All notification".
Art. 135. In article 39/64, paragraph 2, of the same law, inserted by the law of 15 September 2006, the words "article 39/77, § 1^erParagraph 1^er are replaced by the words "Article 39/77, § 1^erParagraph 3."
Art. 136. In section 39/71 of the same law, inserted by the law of September 15, 2006, the words "the mode of service" are replaced by the words "the mode of notification".
Art. 137. In section 39/72, § 2, of the same law, inserted by the law of 15 September 2006, the following amendments are made:
1° in paragraph 1^er, the word "signified" is replaced by the word "notified" and the word "significance" is replaced each time by the word "Notice";
2° in paragraph 2, the words "this tax" are replaced by the words "this right".
Art. 138. In section 39/76 of the Act, inserted by the Act of 15 September 2006, the following amendments are made:
1° in § 1^er, paragraph 2, the words "at both conditions" are replaced by the words "at the following two conditions";
2° in § 1^er, paragraph 2, 1°, the words "Article 39/72, § 1^er are replaced by the words "Article 39/72, § 2";
3° in § 1^er, paragraph 2, 1°, the words "this last request" are replaced by the words "this request";
4° in § 3, paragraph 2, the words "52/2, § 1^er or § 2, 3°, 4° or 5° are replaced by the words "52/2, § 1^er or § 2, 3° or 4°".
Art. 139. In section 39/77 of the Act, inserted by the Act of 15 September 2006, the following amendments are made:
1° in § 1^erParagraph 1^er, the words "This" are replaced by the words "This Clerk" and the words "significance" are replaced by the words "Notice";
2° in § 3, the words "the time limit set in § 1^er, paragraph 5" are replaced by the words "the time limit set in § 1^erParagraph 2."
Art. 140. In section 39/79 of the Act, inserted by the Act of 15 September 2006, the following amendments are made:
1° in § 1^erParagraph 1^er, the words "Without agreement of the interested person" are replaced by the words "§ 1^er. Unless the interested party agrees";
2° in § 1^er, paragraph 2, 2°, the words "article 11, §§ 1^er and 2 are replaced by the words "Article 11, § 1^er or 2";
3° in § 2, paragraph 1^erthe words “§ 1^er, paragraph 2, 6° and 7° are replaced by the words "§ 1^er, paragraphs 2, 7° and 8°".
Art. 141. Article 55, § 2, of the Act, as amended by the Act of 15 September 2006, is:
1° from 1^er December 2006, reinstated in its existing drafting on the eve of this amendment;
2° to the date referred to in section 231 of the Act of 15 September 2006, reinstated in its drafting as a result of this amendment.
Art. 142. Articles 57/11, § 1^erParagraph 1^er, 57/13, 57/14bis and 57/16, paragraphs 3 to 5, of the Act, repealed by the Act of 15 September 2006, are, from 1^er December 2006, reinstated in their existing writing on the eve of their repeal.
Items referred to in paragraph 1^er are repealed on the date referred to in section 231 of the Act of September 15, 2006.
Art. 143. In section 57/23bis, paragraph 2, of the Act, as amended by the Act of 15 September 2006, the words "ulterior, to the Commissioner General" are replaced by the words "ulterior and to the Commissioner General".
Art. 144. Sections 57/24 to 57/27 of the Act, as amended by the Act of 15 September 2006, are:
1° from 1^er December 2006, reinstated in their existing drafting on the eve of these amendments;
2° to the date referred to in section 231 of the Act of 15 September 2006, reinstated in their drafting as a result of these amendments.
CHAPTER III. - Amendment of the laws on the Council of State, coordinated on 12 January 1973
Art. 145. In the title of Title IX of the Laws on the Council of State, coordinated on 12 January 1973, inserted by the law of 15 September 2006, the words "LE RETARD JUDICIAIRE" are replaced by the words "L'ARRIERE JURIDICTIONNEL".
Art. 146. In section 123 of the same Acts, inserted by the Act of 15 September 2006, the following amendments are made:
1° in § 1^erParagraph 1^erthe number 70 is replaced by the number 76 and the number "3" is replaced by the number "6";
2° § 3, paragraph 2, is replaced by the following paragraph:
"According to the necessities of the service, the Auditor General or the Assistant Auditor General, each with respect to it, affects the members of the auditorate appointed in the section of the auditorate that he determines. This is referred to in the activity report under section 74/6. "
CHAPTER IV. - Amendment of the Act of 15 September 2006 reforming the Council of State and creating a Council of Foreign Litigation
Art. 147. In Article 230 of the Act of 15 September 2006 reforming the Council of State and creating a Council of the Litigation of Foreigners, the following amendments are made:
1° in § 1^erParagraph 1^er, the words "claim for cancellation" are replaced by the words "claim for cancellation";
2° in § 1^er, paragraph 2, the words "of the application referred to in paragraph 1^er are replaced by the words "of the communication referred to in paragraph 1^er "
Art. 148. In section 234, § 2, paragraph 5, of the Act, the words "within the time limit referred to in paragraph 2" are replaced by the words "within the time limit referred to in paragraph 3".
Art. 149. In section 235 of the Act, the following amendments are made:
1° § 2, paragraph 1^er, is replaced by the following paragraph:
“§2. With respect to appeals that are pending on the date set out in Article 243, paragraph 3, and for which no hearing date is yet fixed, as well as appeals that are filed on that date, the Standing Refugee Board of Appeal has the same powers as those that are assigned by this Act to the Council of the Litigation of Foreigners. »;
2° in § 2, paragraph 3, the words "articles 39/9" are replaced by the words "articles 39/10. »;
3° § 2 is supplemented by the following paragraph:
"Waiting for the first appointment of the first president and the president of the Council of the Litigation of Foreigners, on the basis of Article 236, the first presidents and presidents of the Standing Refugee Board continue to exercise their skills in the distribution of affairs and the management of the service. They are replaced by the first president and president of the Council of Litigation of Foreigners on the date of their first designation in accordance with Article 236, § 1^er.
4° § 3, paragraph 1^er, is replaced by the following paragraph:
“§3. In addition, with respect to appeals that are pending on the date set out in section 243, paragraph 3, and for which no date of hearing is yet fixed, the first president or member designated by him requests, by registered fold, to the requesting party if it wishes to continue the proceedings and, if so, to complete the motion pending so that it complies with the procedural rules that prevail before the Conseil du Contentieux des Eters. »;
5° in § 3, paragraph 4, the words "paragraph 2" are replaced by the words "paragraph 1^er »;
6° in § 3, paragraph 5, the words "paragraph 2" are replaced by the words "paragraph 3".
Art. 150. In the Dutch text of Article 236, § 3, paragraph 1^er, from the same law, the word "respectievelijk" is deleted.
Art. 151. In Article 237, § 1^er, of the same law, the words "is done by the King, by way of arrest" are replaced by the words "is made by the King, by order".
Art. 152. In section 238 of the Act, the following amendments are made:
1° in § 1^er, the words "is done by the King, by way of arrest" are replaced by the words "is made by the King, by order";
2° in § 2, paragraph 2, the words "first period of four years" are replaced by the words "first period of five years";
3° in § 2, paragraph 3, the words "The four-year period" are replaced by the words "The five-year period".
Art. 153. In section 239 of the Act, the following amendments are made:
1° in § 1^erParagraph 1^er, the words "is done by the King by way of arrest" are replaced by the words "is made by the King, by order";
2° in § 3, the words "the evaluation of these" are replaced by the words "the appreciation of these".
Art. 154. In section 240 of the Act, the following amendments are made:
1° in § 1^erParagraph 1^er, the words "is done by" are replaced by the words "is made by";
2° in § 2, paragraph 2, the words "at least" are inserted between the words "20 judges to the litigation of foreigners have" and the words "sworn oath".
Art. 155. In Article 241, § 1^er, of the same law, the words "is done by the King, by way of arrest" are replaced by the words "is made by the King, by order".
Art. 156. In Article 242, § 2, paragraph 2, of the same Act, the words "agents" are replaced by the words "agents".
CHAPTER V. - Entry into force
Art. 157. Articles 114 to 149 produce their effects on 1^er December 2006.
Articles 150 to 156 produce their effects on 6 October 2006.
PART IV. - Infrastructure
Art. 158. It is assented to the cooperation agreement of 17 November 2006 between the Federal State, the Flemish Community, the French Community and the German-speaking Community on mutual consultation in the development of legislation on electronic communications networks, in the exchange of information and in the exercise of competence in electronic communications networks by the regulatory authorities in charge of telecommunications or television and in the exercise of the powers of electronic communication networks.
PART V - Public Health
UNIC CHAPTER. - Establishment of Trial Chambers and Boards of Appeal at the Medical Evaluation and Control Service of INAMI
Art. 159. Section 145 of the Compulsory Health Care and Compensation Insurance Act, coordinated on July 14, 1994, repealed by the Act of December 24, 2002 and reinstated by the Act of December 13, 2006, is amended as follows:
1° in § 1^er, paragraph 2, 3°, and paragraph 3, 3°, the words « § 1^er," are inserted between the words "Article 140" and the words "paragraph 1^er »;
2° in § 1^er, paragraph 3, 1°, in the Dutch version, the words "van de in artikel 40" are replaced by the words "bij de in artikel 40" and the words "hoven van beroep of arbeidshoven" are replaced by the words "hof van beroep of arbeidshof";
3° in § 3, paragraph 2, the words "the president" are replaced by the words "the presidents".
Art. 160. The King sets the effective date of this chapter.
Promulgate this law, 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 Deputy Prime Minister and Minister of Budget and Protection of Consumer Affairs, absent:
Minister of Mobility,
R. LANDUYT
The Minister of the Interior,
P. DEWAEL
For the Minister of Economy, absent:
Deputy Prime Minister and Minister of the Interior,
P. DEWAEL
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Notes
(1) Documents of the House of Representatives:
51-2761 - 2006/2007:
001: Bill.
002 to 005: Amendments.
006: Corrigendum.
007 to 009: Reports.
010: Text adopted by the Committees.
011: Opinion of the State Council.
012: Text adopted in plenary and transmitted to the Senate.
Full report: 19 and 20 December 2006.
Documents of the Senate:
3-1989-2006/2007:
Number 1: Project transmitted by the House of Representatives.
No. 2: Amendments.
Number 3 to 6: Reports.
No. 7: Execution adopted in plenary and subject to Royal Assent.
Annales of the Senate: December 23, 2006.

Agreement on Cooperation of 17 November 2006 between the Federal State, the Flemish Community, the French Community and the German-speaking Community on Mutual Consultation during the development of legislation on electronic communications networks, during the exchange of information and during the exercise of competences in electronic communications networks by the regulatory authorities in charge of telecommunications or broadcasting and television
Considering articles 127 and 130 of the Constitution;
See articles 4, 6, and 92 bis, §§ 1^er and 5 of the special law of 8 August 1980 of institutional reforms;
Considering Article 4, § 1^erand 55 bis of the Act of 31 December 1983 of institutional reforms for the German-speaking Community;
Considering Directive 2002/21/EC of the European Parliament and the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (the Framework Directive);
Considering the Directive 2002/20/EC of the European Parliament and the Council of 7 March 2002 on the authorization of electronic communications networks and services (Directive "authorisation");
Considering the Directive 2002/19/EC of the European Parliament and the Council of 7 March 2002 on access to electronic communications networks and associated resources, as well as their interconnection (Access Directive);
Considering the Directive 2002/22/EC of the European Parliament and the Council of 7 March 2002 on universal service and user rights in relation to electronic communications networks and services (Universal Service Directive);
Considering the Directive 2002/58/EC of the European Parliament and the Council of 12 July 2002 on the processing of personal data and the protection of privacy in the electronic communications sector (Directive "Private Life and Electronic Communications");
In view of the European Commission Directive 2002/77/EC of 16 September 2002 on competition in electronic communications networks and services markets;
Considering that broadcasting and telecommunications skills are at this point imbricated with respect to the application of legislation that a pragmatic and effective form of cooperation between regulatory authorities is necessary.
Considering that this cooperation agreement and its implementation should be without prejudice to the division of competence between the federal authorities and the communities, as provided for in the applicable legislation and the relevant jurisprudence.
Considering Article 3, § 4, of Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (the "framework" directive) which states that "the member states publish the tasks to be performed by national regulatory authorities in an easily accessible manner, especially when these tasks are entrusted to several bodies. Member States shall, where appropriate, provide consultation and cooperation between these authorities, as well as between these authorities and the national authorities responsible for the application of competition law and the national authorities responsible for the application of consumer protection legislation, on matters of common interest. When more than one authority is competent to deal with these issues, the Member States shall ensure that the respective tasks of each authority are published in an easily accessible manner. "
Considering that the convergence of the broadcasting and telecommunications sectors leads to a "desociate" of infrastructure and networks and to the creation of new services that no longer meet the conventional definitions of broadcasting and telecommunications.
Considering that, in its decision No. 132/2004 of 14 July 2004, the Court of Arbitration notes that " Recent technological developments have the effect that the subjects of broadcasting and television, on the one hand, and telecommunications, on the other hand, can no longer be delimited by technical criteria such as the underlying infrastructure, networks or terminals used, but on the basis of content and functional criteria. (B.4.3).
Considering that, in the above-mentioned decision, the Court of Arbitration states that "the broadcasting, which includes television, may be distinguished from other forms of telecommunications in that a broadcasting program broadcasts public information, is intended, from the point of view of the broadcaster, to the general public or to a part thereof and has no confidential character. Services that provide individualized information, characterized by a certain form of confidentiality, do not appear to broadcast and fall within the jurisdiction of the federal legislator" (B.10.1).
"The essential feature of broadcasting and television is the provision of public information to the general public. In an evolutionary interpretation of the concept of diffusion it also includes diffusion on individual demand. Dissemination activities do not lose their nature on the ground that, as a result of the evolution of the techniques, a wider choice is offered to the viewer or listener. » (B.10.2).
Considering that, in the system of division of competence, the subject matter of broadcasting and television on the one hand, and other forms of telecommunications, on the other hand, are entrusted to separate legislators.
Considering that, as the Court of Arbitration recalls, "broadcasting and television are designated as a cultural subject and this qualification must be used as a basis for any interpretation. The competence of the Communities is not linked to a specified mode of dissemination or transmission. It allows the Communities to adjust the technical aspects of the transmission that are an accessory to broadcasting and television. The jurisdiction to address other aspects of infrastructure, including the general police of radio waves, belongs to the federal legislator. (B.4.2).
"The federal legislator is competent to regulate the other aspects of the information society's services on the one hand, on the basis of its residual competence and, on the other hand, on the basis of the competence reserved to it, particularly with regard to the economy, which are governed by the general rules relating to consumer protection, price policy, competition law, trade law and conditions of access to the profession. (B.11.1.)
Considering therefore that the federal authority is not the only competent authority to regulate the matter of electronic communications networks and infrastructure, that there is an "absolute need to provide for cooperation between the federal authority and the communities to determine the competence of the regulator. (B.5.1).
Considering that "as a rule, the lack of cooperation in a matter for which the special legislator does not provide for an obligation to do so is not a breach of the rules of competence.
However, in this case, the skills of the federal state and communities in the area of electronic communications infrastructure have become at this point, as a result of technological developments, that they can no longer be exercised in cooperation. It follows that by unilaterally regulating the competence of the telecommunications regulator, the legislator violated the principle of proportionality specific to any exercise of competence. (B.6.2.).
The Federal State represented by Ms. Van den Bossche, Deputy Prime Minister and Minister of Budget and Protection of Consumer Affairs, and Mr. Verwilghen, Minister of Economy,
The Flemish Community represented by the Flemish Government, in the person of Mr. Leterme, Minister-President and Mr. Bourgeois, Flemish Minister of Administrative Affairs, External Policy, Media and Tourism,
The French Community represented by the Government of the French Community, in the person of Mrs. Arena, Minister-President and Mrs. Laanan, Minister of Culture, Audiovisual and Youth,
The German-speaking Community represented by the Government of the German-speaking Community, in the person of Mr. Lambertz, Minister-President and Ms. Weykmans, Minister of Culture and Media, Protection of Monuments, Youth and Sports,
have agreed to submit this text to the approval of the Federal Legislative Chambers and the Parliaments of the Communities:
Article 1^er. This cooperation agreement covers the development of legislation relating to electronic communications networks, the exchange of information and the exercise of competence in electronic communications networks by the regulatory authorities in charge of telecommunications or broadcasting and television.
Art. 2. In the context of this cooperation agreement:
1° electronic communications network: active or passive transmission systems and, where applicable, switching or routing equipment and other resources that allow the transmission of cable, microwave, optical or other electromagnetic means;
2° Regulation authority:
- in the Federal State: Belgisch Instituut voor postdiensten en telecommunicatie/Institut belge des services postaux et des télécommunications/Institut für Postdienste und Telekommunikation;
- in the Flemish Community: Vlaams Commissariaat voor de Media;
- in the French Community: Conseil supérieur de l'Audiovisuel;
- in the German-speaking Community: Medienrat.
Art. 3. Each draft decision of a regulatory authority relating to electronic communications networks is transmitted by that authority to the other regulatory authorities listed in Article 2, 2°, of this cooperation agreement.
The regulatory authorities consulted share their comments with the regulatory authority which forwarded the draft decision within 14 calendar days. Within this period, each regulatory authority consulted may request that the Conference of the Regulators of the Electronic Communications Sector (hereinafter referred to as the CRC) be seized of the draft decision. This immediate request to send the CRC is motivated.
The regulatory authority concerned takes into consideration the comments made by the other regulatory authorities and sends them the amended draft decision. After receiving the amended draft decision, they have a 7 calendar days deadline to request that the CRC be seized of the amended draft decision.
Draft decisions and related comments are always motivated from the point of view of the legal competence of the person who transmits the draft decision or the comment.
Beyond the time limits provided for in paragraphs 2 and 3, the draft decision is presumed, unless otherwise proved, not to affect the competence of other regulatory authorities.
Art. 4. Interim measures adopted by a regulatory authority in the event of extreme emergency and risk of serious and difficult repair are not subject to the application of Article 3 of this cooperation agreement. However, they are immediately brought to the attention of other regulatory authorities.
The duration of the interim measures never exceeds two weeks. If a higher period is required for these measures, they must be the subject of a draft decision and be subject to the procedure of Article 3.
Art. 5. The CRC is established and composed of four members of the Council of the Belgian Institute of Postal Services and Telecommunications, two members of the regulatory authority of the Flemish Community, two members of the regulatory authority of the French Community and one member of the regulatory authority of the German-speaking Community. For the purposes of this cooperation agreement, the composition of the CRC referred to in this paragraph is considered to be the usual composition of the CRC.
CRC has the legal personality and sets its rules of procedure. The CRC's rules of procedure come into force only after approval by the Interdepartmental Committee on Telecommunications and Broadcasting and Television referred to in Article 9 of this Cooperation Agreement.
Against all decisions of the CRC, an appeal in full jurisdiction may be brought before the Court of Appeal of Brussels as a reference within 60 days of the notification of the decision to all parties concerned by recommended. The Court may replace the decision contested by a new decision.
The appeal is filed against the CRC. The Brussels Court of Appeal shall inform the parties concerned by the contested decision of the existence of the recommended appeal.
The appeal referred to in this paragraph is not suspensive unless the court pronounces the suspension of the decision concerned. For all aspects of the proceedings before the Brussels Court of Appeal, the Judicial Code is applicable.
Each year, on the date of the entry into force of this Cooperation Agreement, the members of the CRC being part of the usual composition of the CRC shall designate among them a president and a member who shall provide the secretariat. For these two functions, a role tour between the members of the CRC will be respected.
Each decision of the CRC is taken by consensus between the regulatory authorities present. Members of a regulatory body abstain from voting when they fail to reach a common position.
As part of its operation and decision-making, CRC respects the rules and principles of the applicable European regulatory framework.
The Interdepartmental Committee on Telecommunications and Broadcasting and Television, referred to in Article 9 of this Cooperation Agreement, shall, at the request of a Minister having the management of a regulatory authority referred to in Article 2, 2°, of this Cooperation Agreement in its powers, take the decision of the CRC instead of the CRC in its usual composition.
The Interdepartmental Committee on Telecommunications and Broadcasting and Television decides in this case by consensus. As part of its operation and decision-making, the Interdepartmental Committee on Telecommunications and Broadcasting and Television respects the rules and principles of the applicable European regulatory framework.
The Interdepartmental Committee on Telecommunications and Broadcasting and Television shall not make a decision under the procedure described in the preceding paragraph until the end of a 75-day calendar period, at which the CRC deliberated in its usual composition as to the point under the decision.
From the 30^e calendar day of the aforementioned period of 75 calendar days, a regulatory authority that has seized the CRC with a draft decision may request each regulatory authority refusing to approve the draft decision before the CRC, to issue a detailed counter-proposal within 15 calendar days. The regulatory authority that fails to submit a detailed counter-proposal within this period is assumed to approve the draft decision in question.
Art. 6. The regulatory authority that had submitted the draft decision is responsible for the execution of the CRC decision. This regulatory authority shall inform the other regulatory authorities listed in Article 2, 2°, of this cooperation agreement of the measures taken pursuant to the decision of the CRC.
Art. 7. At the motivated request of one of the members of the CRC, each member shall transmit within 7 working days detailed information on the licensee and the conditions related to any authorization conferred by the member concerned.
Art. 8. Members of regulatory authorities who participate in the work of the CRC are subject to professional secrecy. They may not disclose to third parties the confidential information they are aware of in the performance of their duties, except as provided by law. In the event of non-compliance, the regulatory authority of the member in question or, where applicable, the competent authorities for the management of the regulatory authority in question will impose an appropriate sanction.
The obligation referred to in the previous paragraph remains applicable where the member in question no longer participates in the work of the CRC.
Art. 9. An Interministerial Committee on Telecommunications and Broadcasting and Television is established.
This committee is composed of:
1° of the Minister(s) designated by the Federal Government;
2° of the Minister(s) designated by the Flemish Community;
3° of the Minister(s) designated by the French Community;
4° of the Minister(s) designated by the German-speaking Community.
The Interdepartmental Committee on Telecommunications and Broadcasting and Television has the task of organizing, in a concerted manner, in accordance with the competence of each person and in accordance with the terms and procedures set out in the Consultation Committee, mutual consultation on the respective initiatives concerning the drafting of a draft legislation on broadcasting and telecommunications.
Art. 10. The work of the "European Regulators Group" established by the European Commission Decision 2002/627/EC of 29 July 2002 and its working groups were discussed in the CRC.
Art. 11. This cooperation agreement comes into force after its approval by the Federal Legislative Chambers and the Communities.
Done in Brussels on 17 November 2006, in four original copies, each party recognizing its receipt.
For the federal state:
Deputy Prime Minister and Minister of Budget and Protection of Consumer Affairs,
Ms. F. VAN DEN BOSSCHE
Minister of Economy,
Mr. VERWILGHEN
For the Flemish Community:
The Minister-President of the Flemish Government,
Y. LETERME
Minister of Administrative Affairs, External Policy, Media and Tourism,
G. BOURGEOIS
For the German-speaking Community:
The Minister-President of the Government of the German-speaking Community,
K.-H. LAMBERTZ
The Minister of Culture and Media, the Protection of Monuments, Youth and Sports,
Ms. I. WEYKMANS
For the French Community:
La Ministre-Présidente du Gouvernement de la Communauté française,
Ms. M. ARENA
Minister of Culture, Audiovisual and Youth,
Ms. F. LAANAN

Zusammenarbeitsabkommen vom 17. November 2006 zwischen dem Föderalstaat, der Flämischen Gemeinschaft, der Französischen Gemeinschaft und der Deutschsprachigen Gemeinschaft zur gegenseitigen Konsultation bei der Ausarbeitung der Gesetzgebung über elektronische Kommunikationsnetze
Aufgrund der Artikel 127 und 130 der Verfassung;
Aufgrund der Artikel 4 Ziffer 6 und 92bis §§1 und 5 des Sondergesetzes vom 8. August 1980 über die institutionellen Reformen;
Aufgrund der Artikel 4 §1 und 55bis des Gesetzes vom 31. Dezember 1983 über institutionelle Reformen für die Deutschsprachige Gemeinschaft;
Aufgrund der Richtlinie 2002/21/EG des Europäischen Parlaments und des Rates vom 7. März 2002 über einen gemeinsamen Rechtsrahmen für elektronische Kommunikationsnetze und -dienste (Rahmenrichtlinie);
Aufgrund der Richtlinie 2002/20/EG des Europäischen Parlaments und des Rates vom 7. März 2002 über die Genehmigung elektronischer Kommunikationsnetze und -dienste (Genehmigungsrichtlinie);
Aufgrund der Richtlinie des Europäischen Parlaments und des Rates vom 7. März 2002 über den Zugang zu elektronischen Kommunikationsnetzen und zugehörigen Einrichtungen sowie deren Zusammenschaltung (Zugangsrichtlinie);
Aufgrund der Richtlinie 2002/22/EG des Europäischen Parlaments und des Rates vom 7. März 2002 über den Universaldienst und Nutzerrechte bei elektronischen Kommunikationsnetzen und -diensten (Universaldienstrichtlinie);
Aufgrund der Richtlinie 2002/58/EG des Europäischen Parlaments und des Rates vom 12. Juli 2002 über die Verarbeitung personenbezogener Daten und den Schutz der Privatsphäre in der elektronischen Kommunikation (Datenschutzrichtlinie für elektronische Kommunikation);
Aufgrund der Richtlinie 2002/77/EG der Kommission vom 16. September 2002 über den Wettbewerb auf den Märkten für elektronische Kommunikationsnetze und -dienste;
In Erwägung, dass die Zuständigkeiten im Bereich des Rundfunks und der Telekommunikation, was die Ausführung der Gesetzgebung betrifft, so eng miteinander verknüpft sind, dass eine pragmatische und effiziente Zusammentigh
In Erwägung, dass vorliegendes Zusammenarbeitsabkommen und seine Anwendung keinen Verstoss gegen die Zuständigkeitsverteilung zwischen den Gemeinschaften und dem Föderalstaat gemäss der geltenden Gesetzgebung und der betreffenden
In Erwägung, dass Artikel 3 § 4 der Richtlinie 2002/21/EG des Europäischen Parlaments und des Rates vom 7. März 2002 über einen gemeinsamen Rechtsrahmen für elektronische Kommunikationsnetze und -dienste (Rahmenrichtlinie) verfügt, dass « die Mitgliedstaaten die von den nationalen Regulierungsbehörden wahrzunehmenden Aufgaben in leicht zugänglicher Die Mitgliedstaaten sorgen gegebenenfalls für die Konsultation und Zusammenarbeit zwischen diesen Behörden sowie zwischen diesen und den für die Anwendung des Wettbewerbs- und des Verbraucherschutzrechts zuständigen nationalen Behörden in Framesse von geme Ist mehr als eine Behörde für diese Fragen zuständig, so sorgen die Mitgliedstaaten dafür, dass die jeweiligen Aufgaben der einzelnen Behörden in leicht zugänglicher Form veröffentlicht werden. "
In Erwägung, dass die Konvergenz zwischen den Sektoren Rundfunk und Fernsehen einerseits und Telekommunikation andererseits zu einer Entspezialisierung der Infrastruktur und der Netze sowie zur Entstehung neuer Dienste, die nicht mehrlichen
In Erwägung, dass im Urteil Nr 132/2004 vom 14. Juli 2004 vom Schiedshof steht, dass " die jüngsten technologischen Entwicklungen zur Folge (haben), dass die Abgrenzung von Rundfunk und Fernsehen einerseits und Telekommunikation andererseits nicht mehr anhand von technischen Kriterien - wie die Basisinfranut (B.4.3).
In Erwägung, dass im oben genannten Urteil darauf hingewiesen wird, dass « der Rundfunk, der das Fernsehen umfasst, ist von den anderen Formen der Telekommunikation zu unterscheiden (ist), weil ein Rundfunkprogramm öffentliche Informationen vem Dienste, die individualisierte und durch eine Form der Vertraulichkeit gekennzeichnete Informationen liefern, gehören hingegen nicht zum Rundfunk und unterliegen der Zuständigkeit des föderalen Gesetzgebers. "(B.10.1).
"Ausschlaggebend für Rundfunk und Fernsehen ist die Bereitstellung öffentlicher Informationen für das Publikum im allgemeinen. In einer evolutiven Auslegung des Rundfunkbegriffs umfasst dies auch das Senden auf individualn Abruf hin. Rundfunktätigkeiten verlieren nicht ihre Beschaffenheit, weil durch die Entwicklung der Technik dem Zuschauer oder Zuhörer eine breitereitere Möglichkeit der eigenen Auswahl geboten wird. » (B.10.2).
In Erwägung, dass im System der Zuständigkeitsverteilung der Sachbereich Rundfunk und Fernsehen einerseits und die anderen Formen der Telekommunikation andererseits unterschiedlichen Gesetzgebern anvertraut wurden.
In Erwägung, dass der Schiedshof darauf hinweist, dass « Rundfunk und Fernsehen als ein kultureller Sachbereich bezeichnet (werden) und (dass) diese Bezeichnung als Ausgangspunkt einer jeden Auslegung anzunehmen (ist). Die Zuständigkeit der Gemeinschaften ist nicht mit der Weise des Sendens oder Übertragens verbunden. Sie erlaubt es den Gemeinschaften, die technischen Aspekte der Übertragung zu regeln, die ein Akzessorium des Sachbereichs Rundfunk und Fernsehen sind. Das Regeln der anderen Aspekte der Infrastruktur, zu denen unter anderem die allgemeine Aufsicht über die Radiowellen gehört, ist Bestandteil der Zuständigkeit des föderalen Gesetzgebers. (B.4.2).
Der föderale Gesetzgeber ist dafür zuständig, die anderen Aspekte der Dienste der Informationsgesellschaft zu regeln, einerseits aufgrund seiner Restzuständigkeit und andererseits aufgrund der ihm vorbehalten Zuständigkeit (B.11.1.)
In Erwägung, dass die Föderalbehörde für die elektronischen Kommunikationsnetze und -Infrastruktur nicht als einzige zuständig ist, und dass « sich bei Aufrechterhaltung der bestehenden Zuständigkeitsverteilung die absolute Notwendigkeit ergam (B.5.1).
In Erwägung, dass "in der Regel das Ausbleiben einer Zusammenarbeit in einem Sachbereich, für den der Sondergesetzgeber keine Verpflichtung hierzu vorsieht, keinen Verstoss gegen die Zuständigkeitsregeln (beinhaltet).
Im vorliegenden Fall sind die Zuständigkeiten des Föderalstaates und der Gemeinschaften auf dem Gebiet der elektronischen Kommunikationsinfrastruktur infolge der technologischen Entwicklung mittlerweile jedoch derart miteinander verflochn, dass sie nurme Daraus ergibt sich, dass der Gesetzgeber, indem er die Zuständigkeit des Regulators der Telekommunikation einseitig geregelt hat, gegen den Grundsatz der Verhältnismässigkeit, der einer jeden Ausübung von Zuständigkeiten eigen is (B.6.2.).
Der Föderalstaat, vertreten durch Frau Van den Bossche, Vizepremierministerin und Ministerin des Haushalts und des Verbraucherschutzes und Herrn Verwilghen, Minister für Wirtschaft,
Die Flämische Gemeinschaft, vertreten durch die Flämische Regierung in der Person von Herrn Leterme, Ministerpräsidenten, und Herrn Bourgeois, Minister für Verwaltungsangelegenheiten, Aussenpolitik, Medien und Tourismus,
Die Französische Gemeinschaft, vertreten durch die Regierung der Französischen Gemeinschaft in der Person von Frau Arena, Ministerpräsidentin, und Frau Laanan, Ministerin für Kultur, Medien und Jugend,
Die Deutschsprachige Gemeinschaft, vertreten durch die Regierung der Deutschsprachigen Gemeinschaft in der Person von Herrn Lambertz, Ministerpräsidenten, und Frau Weykmans, Ministerin für Kultur und Medien, Denkmalschutz, Jugend und Sport,
vereinbaren, dass vorliegendes Zusammenarbeitsabkommen den föderalen gesetzgebenden Kammern und den Parlamenten der Gemeinschaften zur Billigung vorgelegt wird.
Artikel 1 - Vorliegendes Zusammenarbeitsabkommen bezieht sich auf die Ausarbeitung einer Gesetzgebung über elektronische Kommunikationsnetze, auf den Informationsaustausch und auf die Ausübung der Zuständigkeiten im Bereich derzieh
Art. 2 - I m Sinne des vorliegenden Zusammenarbeitsabkommens versteht man unter:
1° « elektronisches Kommunikationsnetz »: aktive oder passive Übertragungssysteme und gegebenenfalls Vermittlungs- und Leitwegeinrichtungen sowie anderweitige Ressourcen, die Übertragung von Signalen über Kabel, Funk, optische oder andere elektromagne
2° Regulierungsbehörde:
-für den föderalen Staat: Belgisch Instituut voor postdiensten en telecommunicatie/Institut belge des services postaux et des télécommunications/Institut für Postdienste und Telekommunikation;
- für die Flämische Gemeinschaft: Vlaams Commissariaat voor de Media;
- für die Französische Gemeinschaft: Conseil supérieur de l'Audiovisuel;
- für die Deutschsprachige Gemeinschaft: Medienrat.
Art. 3 - Jeder Entscheidungsentwurf einer Regulierungsbehörde in Bezug auf elektronische Kommunikationsnetze wird von der betreffenden Behörde an die anderen in Artikel 2 Ziffer 2 dieses Zusammenarbeitsabkommens genannten Regulierungsbehört
Die konsultierten Regulierungsbehörden teilen der Regulierungsbehörde, die den Entscheidungsentwurf übermittelt hat, innerhalb von 14 Kalendertagen ihre Bemerkungen mit. Innerhalb dieser Frist kann jede der konsultierten Regulierungsbehörden beantragen, dass der Entscheidungsentwurf der Konferenz der Regulierungsbehörden für den Bererdich der elektronischen Kommunikation (nachstehend KRK genannt) unterite Dieser Antrag auf unmittelbare Verweisung an die KRK wird begründet.
Die betreffende Regulierungsbehörde berücksichtigt die Bemerkungen, die anderen Regulierungsbehörden ihr mitgeteilt haben, und übermittelt den geänderten Entscheidungsentwurf den anderen Regulierungsbehörden. Letztere können innerhalb einer Frist von 7 Kalendertagen nach Empfang des geänderten Entscheidungsentwurfs beantragen, dass der geänderte Entscheidungsentwurf an die KRK verwiesen wird.
Die Entscheidungsentwürfe sowie die Bemerkungen zu den Entscheidungsentwürfen werden immer hinsichtlich der gesetzlichen Zuständigkeit der Behörde, die den Entscheidungsentwurf beziehungsweise die Bemerkung übermittelt, be
Vorbehaltlich des Gegenbeweises wird nach Ablauf der in Absätzen 2 und 3 genannten Frist angenommen, dass der Entscheidungsentwurf die Befugnisse der anderen Regulierungsbehörden nicht beeinträchtigt.
Art. 4 - Vorläufige Massnahmen, die von einer Regulierungsbehörde in dringenden Fällen beziehungsweise aufgrund der Gefahr eines erheblichen, schwer zu behebenden Schadens getroffen werden, unterliegen nichtits der Anwendung des Artikels 3 dieses Zuam Sie werden allerdings unverzüglich den anderen Regulierungsbehörden zur Kenntnis gebracht.
Die vorläufigen Massnahmen dauern auf keinen Fall länger als zwei Wochen. Sind sie länger nötig, müssen sie Gegenstand eines Entscheidungsentwurfs sein und unterliegen dem Verfahren nach Artikel 3.
Art. 5 - Es wird die KRK geschaffen. Sie setzt sich aus vier Mitgliedern des Rates des Belgischen Instituts für Postdienste und Telekommunitation, zwei Mitgliedern der Regulierungsbehörde der Flämischen Gemeinschaft, zwei Mitgliedern der Regulierungsbehörde der Französischen Gemeinschaft un Für die Anwendung des vorliegenden Zusammenarbeitsabkommens gilt die in diesem Paragraphen genannte Zusammensetzung als die übliche Zusammensetzung der KRK.
Die KRK besitzt Rechtspersönlichkeit und legt ihre Geschäftsordnung fest. Die Geschäftsordnung der KRK tritt erst nach Billigung des in Artikel 9 dieses Zusammenarbeitsabkommens genannten Interministeriellen Komitees für Telekommunikation, Rundfunk und Fernsehen in Kraft.
Gegen alle Entscheidungen der KRK kann innerhalb von 60 Tagen ab dem Tag, an dem die Entscheidung den beteiligten Parteien per Einschreiben mitgeteilt wurde, beim Appellationshof in Brüssel, der wie im Eilverfahren entscheideler, Berufung Der Hof kann die angefochtene Entscheidung durch eine neue Entscheidung ersetzen.
Die Berufung wird durch einen schriftlichen Antrag gegen die KRK eingelegt. Der Appellationshof in Brüssel setzt die bei der angefochtenen Entscheidung beteiligten Parteien per Einschreiben von der eingelegten Berufung in Kenntnis.
Die in diesem Paragraphen genannte Berufung hat keine aufschiebende Wirkung, es sei denn, das Gericht beschliesst die Aufschiebung der angefochtenen Entscheidung. Für alle Aspekte in Zusammenhang mit dem Verfahren vor dem Berufungsgericht in Brüssel findet das Gerichtsgesetzbuch Anwendung.
Die Mitglieder der KRK, die zur üblichen Zusammensetzung der KRK gehören, wählen jedes Jahr am Jahrestag des In-Kraft-Tretens dieses Zusammenarbeitsabkommens aus ihrer Mitte einen Vorsitzenden sowie ein Mitgliek
Jede Entscheidung der KRK wird einstimmig von den anwesenden leden van de Regulierungsbehörden genommen. iMitglieder einer Regulierungsbehördeenthalten sich bei Abstimmung, wenn es unter diesen Mitgliedern keine Übereinstimmung gibt. Im Rahmen ihrer Tätigkeit und bei der Entscheidungsfindung berücksichtigt die KRK die nach dem geltenden europäischen Rechtsrahmen anwendbaren Vorschriften und Grundsätze.
Auf Antrag eines Ministers, der für die Geschäftsführung einer der in Artikel 2 Ziffer 2 dieses Zusammenarbeitsabkommens genannten Regulierungsbehörden zuständig ist, trifft das in Artikel 9 dieses Zusammenarbeitsabkommens genannte Interministerielle Kom
Das Interministerielle Komitee für Telekommunikation, Rundfunk und Fernsehen entscheidet in diesem Fall im Konsens. Im Rahmen seiner Tätigkeit und bei der Entscheidungsfindung beachtet das Interministerielle Komitee für Telekommunikation, Rundfunk und Fernsehen die nach dem geltenden europäischen Rechtsrahmen anwendbaren Vorschriften und Grundsätze.
Das Interministerielle Komitee für Telekommunikation, Rundfunk und Fernsehen darf nur gemäss dem im vorigen Paragraphen beschriebenen Verfahren nach Ablauf einer Frist von 75 Kalendertagen eine Entscheidung treffen. Während dieser Frist berät die KRK in ihrer üblichen Zusammensetzung über die betreffende Entscheidung.
Ab dem 30. Kalendertag der genannten Frist von 75 Kalendertagen darf eine Regulierungsbehörde, die der KRK einen Entscheidungsentwurf übermittelte, jede Regulierungsbehörde, die es ablehnt, dem betreffenden Entscheidungsentwurf zuzustimmen Wenn die Regulierungsbehörde gegebenenfalls innerhalb von 15 Kalendertagen keinen ausführlichen Gegenvorschlag einreicht, wird angenommen, dass sie dem übermittelten Entscheidungsentwurf zustimmt.
Art. 6 - Die Regulierungsbehörde, die den Entscheidungsentwurf unterbreitet hatte, ist für die weitere Ausführung der Entscheidung der KRK verantwortlich. Diese Regulierungsbehörde informiert die anderen in Artikel 2 Ziffer 2 dieses Zusammenarbeitsabkommens genannten Regulierungsbehörden über die Massnahmen, die zur Ausführung der Entscheidung der KRK getroffen wurden.
Art. 7 - Auf begründeten Antrag eines der Mitglieder der KRK stellt jedes Mitglied innerhalb von 7 Arbeitstagenlierte Informationen über den Inhaber einer Genehmigung und die Voraussetzungen, die an den Genehmigungen gebunden sind, oder alle vom betreffenden
Art. 8 - Mitglieder von Regulierungsbehörden, die an den Tätigkeiten der KRK teilnehmen, sind an das Berufsgeheimnis gebunden. Sie dürfen keine vertraulichen Informationen, über die sie im Rahmen der Ausübung ihrer Tätigkeit verfügen, Dritten mitteilen, ausser in gesetzlich festgelegten Ausnahmefällen. Bei Nichteinhaltung dieser Verpflichtung wird die Regulierungsbehörde, zu der das betreffende Mitglied gehört, oder gegebenenfalls die Behörde, die für die Geschäftsführung der betreffenden Regulierungsbehörde zuständig ist
Die im vorigen Paragraphen genannte Verpflichtung behält auch ihre Gültigkeit, wenn das betreffende Mitglied nicht mehr an den Arbeiten der KRK teilhat.
Art. 9 - Es wird ein Interministerielles Komitee für Telekommunikation, Rundfunk und Fernsehen geschaffen.
Dieses Komitee setzt sich zusammen aus:
1° dem (den) Minister(n), der (die) durch den Föderalstaat benannt wird/werden;
2° dem (den) Minister(n), der (die) durch die Flämische Gemeinschaft benannt wird/werden;
3° dem (den) Minister(n), der (die) durch die Französische Gemeinschaft benannt wird/werden;
4° dem (den) Minister(n), der (die) durch die Deutschsprachige Gemeinschaft benannt wird/werden.
Das Interministerielle Komitee für Telekommunikation, Rundfunk und Fernsehen hat zur Aufgabe, in Konzertierung und unter Beachtung der Zuständigkeit eines jeden, gemäss den im Konzertierungsausschus festgelegten Modalitäten und Verfahren, die geg
Art. 10 - In der KRK werden die Tätigkeiten der aufgrund der Entscheidung der Europäischen Kommission 2002/627/EC vom 29. Juli 2002 gegründeten "European Regulators Group" sowie die Tätigkeiten der Arbeitsgruppen dieses Gremiums im Vorfeld besprochen.
Art. 11 - Vorliegendes Zusammenarbeitsabkommen tritt nach seiner Billigung durch die föderalen gesetzgebenden Kammern und die Gemeinschaften in Kraft.
Ausgefertigt in Brüssel, am 17. November 2006 in vier Urschriften. Jede Partei erklärt, ihre Urschrift erhalten zu haben.
Für den Föderalstaat:
Die Vizepremierministerin und Ministerin des Haushalts und des Verbraucherschutzes
Frau F. VAN DEN BOSSCHE
Der Minister der Wirtschaft
Mr. VERWILGHEN
Für die Flämische Gemeinschaft:
Der Ministerpräsident der Flämischen Regierung
Y. LETERME
Der Minister für Verwaltungsangelegenheiten, Aussenpolitik, Medien und Tourismus
G. BOURGEOIS
Für die Deutschsprachige Gemeinschaft:
Der Ministerpräsident der Regierung der Deutschsprachigen Gemeinschaft
K.-H. LAMBERTZ
Die Ministerin für Kultur und Medien, Denkmalschutz, Jugend und Sport
Frau I. WEYKMANS
Für die Französische Gemeinschaft:
Die Ministerpräsidentin der Franszösischen Gemeinschaft
Frau M. ARENA
Die Ministerin für Kultur und Medien, Denkmalschutz, Jugend und Sport
Frau F. LAANAN