belgiquelex.be - Carrefour Bank of Legislation

20 JULY 2006. - Act respecting various provisions (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
PART I^er - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
PART II - Justice
CHAPTER I^er - Amendment of the Act of 20 May 1997 on international cooperation with regard to the execution of seizures and confiscations
Art. 2. Article 8 of the Act of 20 May 1997 on international cooperation with regard to the execution of seizures and confiscations is supplemented by the following paragraphs:
"However, in its decision, the Correctional Court determines the destination of confiscated property in the following manner.
The court may dispose that the confiscated property will be wholly or partly attributed to the requesting State.
The court may also have that the goods, other than money, will be sold and that the proceeds of the sale will, in whole or in part, be attributed to the requesting State.
In the cases referred to in the preceding paragraphs, the court shall consider the costs of seizure, retention, alienation, confiscation and transfer.
If they are unable to stop the assignment of confiscated property, they are assigned to the Belgian Treasury. "
CHAPTER II - Amendment to Chapter II of the Code of Criminal Instruction - articles 88bis and 90ter
Art. 3. In section 88bis of the Code of Criminal Investigation replaced by the Act of 10 June 1998 and amended by the Act of 27 December 2004, the following amendments are made:
1° to § 1^er, paragraph 6, the words "Article 114, § 8, of the Law of 21 March 1991 on the Reform of Certain Economic Public Companies" are replaced by the words "Article 145, § 3, of the Law of 13 June 2005 on Electronic Communications";
2° to § 2, paragraph 1^er, the words "Article 114, § 8, of the Law of 21 March 1991 on the Reform of Certain Economic Public Companies" are replaced by the words "Article 145, § 3, of the Law of 13 June 2005 on Electronic Communications".
Paragraph 1^er, 2°, comes into force on the same date as section 16 of the Act of 27 December 2004 on various provisions.
Art. 4. Article 90ter, § 2, 15°, of the same Code, inserted by the law of 30 June 1994, is replaced by the following provision:
"15° to Article 145, § 3, of the Act of 13 June 2005 on electronic communications; "
CHAPTER III - Enforcement of Council Regulation (EC) No. 1435/2003 of 22 July 2003 concerning the status of the European cooperative society
Art. 5. The King may, by order deliberately in the Council of Ministers and up to 1^er December 2006, take the enforcement measures of Council Regulation (EC) No. 1435/2003 of 22 July 2003 relating to the status of the European cooperative society.
Art. 6. Orders under section 5 that are not confirmed by a law by December 31, 2007, are without effect.
CHAPTER IV - Amendment of the Bankruptcy Act of 8 August 1997
Art. 7. In section 24bis of the Bankruptcy Act of 8 August 1997, inserted by the Act of 7 August 2005, the following amendments are made:
1° the words "to the end of the bankruptcy" are deleted;
2° the article is completed as follows:
"When personal security is not completely discharged from the court's obligation, creditors shall have the right to exercise their actions on their property individually. "
CHAPTER V - Amendment to the Corporate Code
Art. 8. Section 620 of the Corporate Code, as amended by the Acts of 23 January 2001 and 2 August 2002, is amended as follows:
1° § 1^erParagraph 1^er, 5°, is replaced by the following provision:
"5° the offer of acquisition must be made on the same terms to all shareholders, and, where applicable, to all holders of shareholders or holders of certificates, except for acquisitions that were unanimously decided by a general assembly to which all shareholders were present or represented; Similarly, listed companies and those whose shares are admitted to negotiations on an unregulated market organized daily by a market company, may purchase their own shares or certificates in these markets, without an offer of acquisition to be made to shareholders or holders of certificates. »;
2° § 2, paragraph 1^er, is replaced by the following provision:
"The listed companies and those whose shares are admitted to negotiations on an unregulated market organized daily by a market company must declare to the Banking, Financial and Insurance Commission the transactions they intend to carry out under § 1^er. "
CHAPTER VI - Amendment to Article 16 of the Act of 20 July 1990 on preventive detention
Art. 9. In Article 16, § 2, paragraph 4, of the Act of 20 July 1990 on preventive detention, inserted by the Act of 10 April 2003, the words "to audio-visual means" are replaced by the words "to radio, telephone, audio-visual or other technical means that allow direct transmission of the voice between the investigating judge and the suspect while ensuring the confidentiality of their exchanges".
CHAPTER VII - Amendments to the Judicial Code
Art. 10. Section 664 of the Judicial Code is supplemented by the following paragraph:
"It also allows interested parties to benefit from the assistance of a technical advisor during judicial expertise. "
Art. 11. Section 665 of the same Code, amended by the Act of 21 February 2005 and by the Act of 1^er July 2006 amending the Judicial Code with respect to judicial assistance is supplemented as follows:
"8° to the assistance of a technical advisor in judicial expertise. "
Art. 12. In section 671, paragraph 1^erin the same Code, as amended by the Act of 21 February 2005, the last sentence is supplemented as follows:
"as well as the costs and fees of technical advisors assisting the parties in the course of expertise ordered by a judge. "
Art. 13. An article 692bis, as follows, is inserted in the same Code:
"Art. 692bis. - The costs and fees of the technical advisers assisting the parties in the examinations ordered by the judge are advanced at the discharge of the attendance.
The King determines, if he buys, the amount of these fees and fees and the terms and conditions under which they are taxed, paid, and, if applicable, recovered. "
Art. 14. The King shall determine the effective date of this chapter by 1^er January 2007.
CHAPTER VIII - Majoration of elusive or incessant quotities for dependent children
Section 1^re - Amendments to the Judiciary Code
Art. 15. Section 1409 of the Judicial Code, as amended by the Acts of 22 December 2003 and 27 December 2005, are amended as follows:
1° to § 1^er, paragraph 4, the first sentence shall be replaced by the following provision:
"When persons receiving income referred to in paragraph 1^er have one or more dependent children, the quotity seizable or dessible is, within the limits of it, reduced by 50 euros per dependent child. "
2° to § 1^erbis, paragraph 4, the first sentence shall be replaced by the following provision:
"When persons receiving income referred to in paragraph 1^er have one or more dependent children, the quotity seizable or dessible is, within the limits of it, reduced by 50 euros per dependent child. "
Art. 16. Section 1409ter of the same Code, inserted by the Royal Decree of 27 December 2004, is replaced by the following provision:
"Art. 1409ter. § 1^er. The seized debtor who may claim to increase his elusive income under Article 1409, § 1^er, paragraph 4, or article 1409, § 1^erbis, paragraph 4, in fact the statement, handed over against receipt to the seized third party and, in copy, to the seizing party or addressed to them by registered letter, using the form whose model is decided by the Minister of Justice.
However, a single dependant child statement is required by procedure, regardless of the number of creditors associated with it at any stage of the dependant child.
§ 2. The declaration shall be effective as soon as the month following the receipt by the seized third party provided that the third party has a period of ten working days before the usual date of payment, that the quality of dependent children is established in accordance with the form and one of the modes of evidence provided for in section 1409quater and that the seized debtor declares on the honour that the child does not have income in excess of the amount determined by the King or that his income has been made by the King.
§ 3. Any contestation shall be submitted by the applicant or the debtor to the judge of seizures by simple written declaration filed or addressed to the Registry. The seizing person and the seized debtor are summoned by judicial fold to the hearing before the judge.
The seized third party is informed, by judicial fold, of the incident with obligation for him, as soon as the following due date of payment, to render in his hands the amount of the applied increase and giving rise to challenge.
Without prejudice to an agreement between the seized and seizing debtor, this effect of unavailability extends until the notice of decision on the dispute.
The judge decides all things that are boring. The decision is not subject to opposition or appeal. It is immediately notified by judicial fold to the seizing, the seized debtor and the seized third party.
If the increase has not been applied by the seized third party, the decision that acknowledges the quality of dependent children shall be effective as soon as the month following receipt provided that the seized third party has ten working days before the usual date of payment.
If the increase has been applied by the third-saisi and rendered unavailable in his or her hands in accordance with paragraph 2, the amount of the increase rendered unavailable shall, as the case may be, be paid to the debtor-saisi or the seizing person.
In the event of recovery proceedings to which several creditors are initially or in the course of proceedings, the decision is deemed contradictory to all creditors.
§ 4. In the event of a change of circumstance, the child-bearing supplement is adapted in accordance with paragraphs 2 and 3.
If the seized debtor has benefited unduly and unduly from the increase, the amounts that correspond to the increase shall, on the basis of a decision rendered in accordance with paragraph 3, be reinstated, without any limitation, in the quotity seized, without prejudice to the implementation of any other recovery measures. "
Art. 17. Section 1409quinquies of the same Code, inserted by the Royal Decree of 27 December 2004, is repealed.
Art. 18. Section 1457 of the same Code, as amended by the Royal Decree of 27 December 2004, is replaced by the following provision:
"Art. 1457. § 1^er. The seizure-off is denounced entirely, within eight days of its receipt by the seized third party. This denunciation is made by registered letter to the position with acknowledgement of receipt or by exploit of bailiff, by the seizing agent to the seized debtor, otherwise the release of the seizure may be ordered by the judge of the seizures.
The costs of this procedure will in any case be borne by the applicant who made a late denunciation, without prejudice to damages if he or she purchases.
§ 2. When the seizure relates to income referred to in Articles 1409, § 1^er and § 1^erbis and 1410, the denunciation contains, as a matter of nullity, the dependant child declaration form whose model is arrested by the Minister of Justice. "
Art. 19. Section 1539, paragraph 5, of the same Code, as amended by the Royal Decree of 27 December 2004, is replaced as follows:
"The seizure is denounced by exploiting bailiffs within eight days to the seized debtor. When the seizure relates to income referred to in Articles 1409, § 1^er and § 1^erbis, and 1410, the denunciation contains, as a matter of nullity, the dependant child declaration form whose model is stopped by the Minister of Justice. "
Section 2 - Amendment of the VAT Code
Art. 20. Article 85bis, § 1^er, the Value Added Tax Code is supplemented by the following paragraph:
"When the seizure relates to income referred to in articles 1409, §§ 1^er and 1^erbis, and 1410 of the Judicial Code, the denunciation contains, as a matter of nullity, the dependant child declaration form whose model is arrested by the Minister of Justice. "
Section 3 - Amendments to the Act of 12 April 1965 concerning the protection of workers ' remuneration
Art. 21. Section 29, paragraph 2, of the Act of 12 April 1965, concerning the protection of the remuneration of workers, inserted by the Royal Decree of 27 December 2004, is repealed.
Art. 22. Section 31bis of the Act, inserted by the Royal Decree of 27 December 2004, is replaced by the following provision:
"Art. 31bis. § 1^er. The assignor who may claim the increase in his incomes inceivable under Article 1409, § 1^er, paragraph 4, or article 1409, § 1^erbis, paragraph 4, of the Judicial Code, in fact the declaration, surrendered against receipt to the assigned debtor and, in copy, to the assignee or addressed to them by registered letter, using the form whose model is arrested by the Minister of Justice.
§ 2. The declaration shall be effective as soon as the month following its receipt by the third party provided that the third party has a period of ten working days before the usual date of payment, that the quality of dependent children is established in accordance with the form and one of the forms of evidence provided for in article 1409quater of the Judicial Code, and that the assignor declares on the honour that the child does not have income in excess of the amount determined by the tax King or declaration made by the third party.
§ 3. Any contestation shall be submitted by the assignee or the assignor to the justice of the peace by a simple written statement filed or addressed to the Registry. The assignee and the assignor are summoned by court to the hearing before the judge.
The assigned debtor is informed, by judicial fold, of the incident with obligation for him, as soon as the following due date of payment, except in case of opposition by the assignor on the basis of Article 29, paragraph 3, to render in his hands the amount of the applied increase and giving rise to challenge.
Without prejudice to an agreement between the assignor and the assignee, this non-availability effect extends to the notification of the dispute decision.
The judge decides all things that are boring. His decision is not subject to opposition or appeal. It is immediately notified by judicial fold to the assignee, the assignor and the assignor.
If the increase has not been applied by the assigned debtor, the decision that recognizes the quality of dependent children shall be effective as of the month following receipt by the debtor provided that it has a period of ten working days before the usual date of payment.
If the increase has been applied by the debtor assigned and rendered unavailable in his or her hands in accordance with paragraph 2, the amount of the increase rendered unavailable shall, as the case may be, be paid to the assignor or the assignee.
In the event of recovery proceedings to which several creditors are initially or in the course of proceedings, the decision is deemed contradictory to all creditors.
§ 4. In the event of a change of circumstances, the child-in-charge increase is adjusted in accordance with paragraphs 2 and 3.
If the assignor has benefited unduly and unduly from the increase, the amounts that correspond to the increase shall, on the basis of a decision rendered in accordance with paragraph 3 of this article, be reinstated, without any limitation, in the " , without prejudice to the implementation of any other recovery measures. "
Art. 23. Section 34 of the Act is replaced by the following provision:
“Art. 34. - Without prejudice to paragraph 2 and article 34 bis, this chapter is not applicable where the assignment of remuneration is recognized by an authentic act.
In the event of a procedural nullity of the assignment, the authentic deed mentions that the assignor was informed by the notary of the dependant child enhancement mechanism and acknowledges having received from the latter the dependant child declaration form whose model is stopped by the Minister of Justice. "
Art. 24. An article 34bis, as follows, is inserted in the same law:
"Art. 34bis. § 1^er. The assignor who may claim the increase in his incomes inceivable under Article 1409, § 1^erparagraph 4 or article 1409, § 1^erbis, paragraph 4, of the Judiciary Code makes the declaration, surrendered against receipt to the assigned debtor and, in a copy, to the assignee or addressed to them by registered letter, using the form whose model is arrested by the Minister of Justice.
§ 2. The declaration shall be effective as soon as the month following its receipt by the third party provided that the third party has a period of ten working days before the usual date of payment, that the quality of dependent children is established in accordance with the form and one of the forms of evidence provided for in article 1409quater of the Judicial Code, and that the assignor declares on the honour that the child does not have income in excess of the amount determined by the tax King or declaration made by the third party.
§ 3. Any contestation shall be submitted by the assignee or the assignor to the judge of seizures by simple written declaration filed or addressed to the Registry. The assignee and the assignor are summoned by court to the hearing before the judge.
The assigned debtor is informed, by judicial fold, of the incident with obligation for him, as soon as the following payment due to render in his hands the amount of the applied increase and giving rise to challenge.
Without prejudice to an agreement between the assignor and the assignee, this non-availability effect extends to the notification of the dispute decision.
The judge decides all things that are boring. His decision is not subject to opposition or appeal. It is immediately notified by judicial fold to the assignee, the assignor and the assignor.
If the increase has not been applied by the assigned debtor, the decision that recognizes the quality of dependent children shall be effective as of the month following receipt by the debtor provided that it has a period of ten working days before the usual date of payment.
If the increase has been applied by the debtor assigned and rendered unavailable in his or her hands in accordance with paragraph 2, the amount of the increase rendered unavailable shall, as the case may be, be paid to the assignor or the assignee.
In the event of recovery proceedings to which several creditors are initially or in the course of proceedings, the decision is deemed contradictory to all creditors.
§ 4. In the event of a change of circumstances, the child-in-charge increase shall be adjusted in accordance with paragraphs 2 and 3 of this article.
If the assignor has benefited unduly and unduly from the increase, the amounts that correspond to the increase shall, on the basis of a decision rendered in accordance with paragraph 3, be reinstated, without any limitation, in the " , without prejudice to the implementation of any other recovery measures. "
Section 4 - Amendment to the Code of Registration, Mortgage and Registry Rights
Art. 25. Section 269/1, paragraph 4, of the Code of Registration, Mortgage and Registry Rights, inserted by the Royal Decree of 27 December 2004, is replaced by the following provision:
"No right is perceived for the disputes brought before the judge of the seizures or the justice of the peace in the context of the application of Article 1409, § 1^erparagraphs 4 and 1409, § 1^erbis, paragraph 4, of the Judicial Code. "
Section 5 - Amendment of Article 1690 of the Civil Code
Art. 26. In section 1690 of the Civil Code, the following amendments are made:
1° the current text of this article becomes § 1^er;
2° 1 § 2 is added, as follows:
“§2. Without prejudice to the application of sections 27 to 35 of the Act of 12 April 1965 concerning the protection of the remuneration of workers, where the assignment relates to revenues referred to in articles 1409, § 1^er and § 1^erbis and 1410 of the Judicial Code, barely procedural nullity of the assignment, the assignment, at the time it is made enforceable to the assigned debtor, shall give rise to a notification to the assignor, which contains the dependant child declaration form whose model is arrested by the Minister of Justice. In this case, section 34bis of the Act of 12 April 1965 concerning the protection of workers' remuneration is applicable. "
Section 6 - Amendment of the Royal Decree of 27 December 2004 establishing the rules governing the burden of proof and the rules of procedure for the execution of Article 1409, § 1^erParagraph 4 and § 1^erbis, paragraph 4, of the Judicial Code
Art. 27. Article 10 of the Royal Decree of 27 December 2004 establishing the rules governing the burden of proof and the rules of procedure for the execution of Article 1409, § 1^erParagraph 4 and § 1^erbis, paragraph 4, of the Judicial Code, confirmed by the Act of 15 May 2005, is replaced by the following provision:
"This Order comes into force two months after the publication to the Belgian Monitor of the form prepared by the Minister of Justice. "
Section 7 - Transitional provision
Art. 28. This chapter applies to the effects produced, after its entry into force, by seizures and transfers previously implemented.
To this end, the debtor seized or the assignor who may claim to increase his income elusive or inceivable under Article 1409, § 1^erparagraph 4 or article 1409, § 1^erbis, paragraph 4, shall be informed no later than two months from its entry into force by the seized third party. This communication against a receipt or a misdemeanor letter contains the dependant child declaration form, the model of which is stopped by the Minister of Justice.
Section 8 - Entry into force
Art. 29. This chapter comes into force 2 months after the publication to the Belgian Monitor of the form prepared by the Minister of Justice.
CHAPTER IX - Amendment of the Belgian Nationality Code Enforcement of decision 52/2004 of 24 March 2004 of the Court of Arbitration
Art. 30. Article 12bis, § 4, paragraph 3, of the Belgian Nationality Code, is supplemented by the following sentence:
"The extension of time following the judicial holidays takes place in accordance with Article 50, paragraph 2, of the Judicial Code. "
CHAPTER X - Amendments to the Law of Principles of 12 January 2005 concerning the Administration of Prisons and the Legal Status of Prisoners
Art. 31. Article 55, § 1^er, paragraphs 2 and 3, of the Law of Principles of 12 January 2005 on the Administration of Prisons and the Legal Status of Prisoners, are replaced by the following paragraphs:
"In order to maintain order or security, this control concerns the presence of substances or objects that are foreign to correspondence.
This control does not allow reading the letter unless there are custom clues that an audit is required in the interest of order or security. This reading may, if applicable, be in the absence of the inmate. "
Art. 32. Article 56, § 1^er, paragraph 2, of the same law, the word "will" is replaced by the word "may".
Art. 33. Section 72 of the Act is replaced by the following:
"Art. 72. § 1^er. Chaplains, advisers belonging to one of the recognized cults and moral advisers of organizations recognized by law that provide moral services on the basis of a non-denominational philosophy are appointed to prisons in accordance with the rules to be established by the King.
§ 2. Subject to the authorization of ordinary visit, the King also sets the rules of access to the prison for persons referred to in § 1^er. "
Art. 34. The following amendments are made to section 74 of the Act:
1° in § 2, the words "to the minister of worship" are replaced by the words "to advisers belonging to one of the recognized cults";
2° in § 3, the words "the ministers of worship" are replaced by the words "the advisers belonging to one of the recognized cults".
Art. 35. In section 75 of the Act, the words "Ministers of Recognized Religions in Belgium" are replaced by the words "Counsel and" and the words "and representatives of unrecognized cults admitted to prison" are deleted.
Art. 36. In the Dutch text of section 117 of the Act, the 2° is replaced by the following:
« 2° systematische controle van uitgaande en inkomende briefwisseling overeenkomstig de in artikel 55 en 56 bepaalde regels; "
CHAPTER XI - Amendments to the Act of 24 February 1921 concerning the trafficking of poisonous, soporific, narcotic, psychotropic, disinfectant or antiseptic substances and substances that may be used for the illicit manufacture of narcotic and psychotropic substances
Art. 37. An article 9bis, as follows, is included in the Act of 24 February 1921 concerning the trafficking of poisonous, soporific, narcotic, psychotropic, disinfectant or antiseptic substances and substances that can be used for the illicit manufacture of narcotic and psychotropic substances:
"Art. 9bis. - Subject to the competence of the judicial authorities and without prejudice to articles 134ter and quater of the new communal law, the mayor may, after consultation with the judicial authorities and after hearing the person responsible in his defences, decide to close a place for a period that he determines, if serious indices arise according to which illegal activities jeopardizing public safety and psycho-peace and which concern the sale, delivery or facilitation of the consumption of
The closing measure is no longer effective if it is not confirmed at the following meeting of the Bourgmestre College and the Echevins and is brought to the attention of the communal council of the first session that follows.
The closure measure that cannot exceed the period of six months may be extended for the same period after a favourable opinion of the municipal council, provided that new similar facts have occurred or have appeared since the original decision. "
Art. 38. Article 9ter, as follows, is inserted in the same law:
"Art. 9ter. - The person who is found manifestly under the influence of soporific or psychotropic products in a place accessible to the public may be arrested administratively, if his presence causes disorder, scandal or danger either to others, or to himself, under the responsibility of an administrative police officer, for a maximum of six hours. She receives, if her situation requires, the necessary medical care.
The judicial authorities are notified of this.
At the time of the release of this person, the police informs him of the opportunities for voluntary assistance and communicates, if possible, the necessary addresses and points of contact. "
CHAPTER XII - Amendments to the Act of 8 June 2006 regulating economic and individual activities with weapons
Art. 39. In Article 27, § 3, paragraph 1^er, from the law of June 8, 2006 regulating economic and individual activities with weapons, the words "and 16°" are replaced by the words "and 15°".
Art. 40. In Article 42 of the Law of 8 June 2006 regulating economic and individual activities with weapons, the words "Article 3, 9°" are replaced by the words "Article 3, § 1^er10°".
Art. 41. This chapter comes into force on the day that sections 27 and 42 of the Act of 8 June 2006 regulating economic and individual activities with weapons come into force.
PART III - Finance
CHAPTER I^er - Amendments to the Income Tax Code 1992
Art. 42. In section 57, 1°, of the Income Tax Code 1992, as amended by the Act of 24 December 2002, the words "taxable or not in Belgium" are inserted between the words "professional income" and the words ", excluding remuneration".
Art. 43. Section 146 of the Code, as amended by the Acts of 30 March 1994, 6 July 1994, 21 December 1994, 7 April 1999, 10 August 2001, 28 April 2003 and 23 December 2005, are amended as follows:
1° to 1°, the words "not covered by 2°" are deleted;
2° to 2°, the words "subject to section 31bis" are replaced by the words "subject to section 31bis, paragraphs 2 and 3";
3° to 5°, the words "at 2° to" are replaced by the words "at 3° and".
Art. 44. In section 147, 2°, of the same Code, replaced by the Act of 10 August 2001 and amended by the Act of 23 December 2005, the words "of a supplementary allowance referred to in section 31bis" are replaced by the words "of a supplementary allowance referred to in section 31bis, paragraphs 2 and 3".
Art. 45. Article 515quater, § 1^er, c, of the same Code, inserted by the law of 28 April 2003 and amended by the law of 23 December 2005, the words "to the extent that it is capital" are replaced by the words "to the extent that it is not capital".
Art. 46. Section 42 is applicable to commissions, brokerages, commercial or other dividends, occasional or non-permanent vacations or fees, gratuities, remuneration or benefits of any kind, paid or awarded from 1^er January 2006.
Section 43, 1 and 3°, is applicable from the 2006 taxation year.
Sections 43, 2°, and 44 are applicable to compensation paid or awarded from 1^er January 2006.
Section 45 applies to liquidated capital from 1^er January 2006.
CHAPTER II - Amendment to the Act of 29 April 1999 on the organization of the gas market and the taxation status of electricity producers
Art. 47. Section 38 of the Act of 29 April 1999 on the organization of the gas market and the tax status of electricity producers is supplemented by a second and a third paragraph, which reads as follows:
"Paragraph 1^er does not apply to these taxpayers:
1° in the event of an incidental activity consisting of the production of electricity from renewable energies or by co-generation of steam-electricity from natural gas, or
2° in the event of an activity consisting of the production of electricity for which it is mainly made use of a raw material from a waste processing activity on the same operating site.
For the purposes of the second paragraph, the following means:
1° " incidental activity": an electricity production activity whose net revenues, including those from energy incentives, do not reach 25% of the taxpayer's annual net income;
2° "mainly made use": use, on an annual basis, of more than 75% in energy capacity. "
Art. 48. In section 39 of the Act, the number "35" is replaced by the number "34".
Art. 49. Section 47 applies from the first taxable period closed after December 31, 2006.
Section 48 is applicable from the 2001 taxation year.
CHAPTER III - Amendment of the Act of 23 December 2005 on the covenant of solidarity between generations
Art. 50. The following amendments are made to section 100 of the Act of 23 December 2005 on the intergenerational solidarity pact:
1° to paragraph 1^er"97" is inserted between the words "96, B," and the words "99, A,"
2° in paragraph 2, the number "97" is deleted.
CHAPTER IV - Confirmation of Royal Orders relating to the Excise Regime
Art. 51. § 1^er. Article 1^er§ 1^er, 3° to 7°, of the law of 13 February 1995 relating to the excise regime of non-alcoholic beverages, is replaced as follows:
"3° beers as defined in Article 4 of the Law of 7 January 1998 concerning the structure and rates of excise rights on alcohol and alcoholic beverages, whose acquired alcoholometric title does not exceed 0.5% vol: 3.7184 euros per hectolitre;
4° the quiet wines of the codes NC 2204 and 2205, with the exception of sparkling wines as defined at 5°, whose alcoometric title does not exceed 1.2 % vol and which contain only alcohol obtained entirely by fermentation: 3,7184 euros per hectolitre;
5° the sparkling wines in NC codes 2204 10, 2204 21 10, 2204 29 10 and 2205, whose alcoometric title does not exceed 1.2 % vol and which:
- are presented in bottles closed by a "gush" cap maintained by means of attachments or links or have an overpressure due to the carbonic anhydride in a solution equal to or greater than 3 bars,
- contain only alcohol obtained entirely by fermentation: 3.7184 euros per hectolitre;
6° other non-smooth fermented beverages in NC 2204 and 2205, not included in 4°, as well as those in NC 2206, whose alcoometric title does not exceed 1.2 % vol and which contain only alcohol obtained entirely by fermentation: 3,7184 euros per hectolitre;
7° other foamy fermented beverages under code NC 2206 00 91 as well as those under codes NC 2204 10, 2204 21 10, 2204 29 10 and 2205, not subject to 5°, of which the alcoometric title does not exceed 1.2 % vol and which:
- are presented in bottles closed by a "gush" cap maintained by means of attachments or links or have an overpressure due to anhydride in a solution equal to or greater than 3 bars,
- only contain alcohol obtained entirely by fermentation: 3.7184 euros per hectolitre. "
§ 2. The Royal Decree of 24 January 2005 amending the Act of 13 February 1995 on the Excise of Non-Alcoholic Beverages is confirmed for the period in which it produced its effects.
Art. 52. § 1^er. Article 17, paragraph 1^er, second dash, of the law of 7 January 1998 concerning the structure and rates of excise duty on alcohol and alcoholic beverages, is replaced as follows:
" - special excise fee: 1,529,1312 euros. "
§ 2. The Royal Decree of 10 August 2005 amending the law of 7 January 1998 concerning the structure and rates of excise rights on alcohol and alcoholic beverages is confirmed for the period in which it produced its effects.
CHAPTER V - Tabac
Art. 53. Section 2, § 2, of the Act of 3 April 1997 on the tax system of manufactured tobaccos, is replaced by the following provision:
Ҥ2. Where, in this Act, excise is determined by reference to certain manufactured tobaccos of the most requested class or according to the grade of the weighted average price, it is determined by the data known as 1^er January of each year and known data for the entire previous year. "
Art. 54. The following amendments are made to section 3 of the Act:
1° § 1^er, 3°, b), is replaced by the following provision:
"(b) special excise charge: 0.00 per cent of the retail price according to the scale established by the Minister of Finance";
2° § 2 replaced by the following provision:
“§2. In addition to the right of ad volorem excise and the right of special ad valorem excise provided for in § 1^er, 2° and 3°, cigarettes as well as fine smoking tobacco cut intended to roll cigarettes and other smoking tobacco, put to consumption in the country, are subject to a specific excise right and a specific special excise right, respectively fixed as follows:
(a) for cigarettes:
- excise fee: 6,8914 euros per 1,000 coins;
- special excise fee: 0.0000 euros per 1,000 pieces
(b) for smoking tobacco intended to roll cigarettes and other smoking tobacco:
- excise fee: 0.0000 euros per kilogram;
- special excise fee: 4,4770 euros per kilogram. »;
3° § 4 replaced by the following provision:
“§4. For fine smoking tobacco cut intended to roll cigarettes and other smoking tobacco, the total of the right to excise and the right to special excise perceived in accordance with §§ 1^er, 3°, and 2, b), and VAT, can in no way be less than noante per cent of the cumulative amount of the same taxes applied to smoking tobacco belonging to the grade of the weighted average price.
For cigars, the total of the right of excise and the right of special excise collected in accordance with § 1^er, 1°, as well as VAT, cannot in any case be less than the cumulative amount of the same taxes applied to cigars belonging to the most requested price class. "
CHAPTER VI - Tax regulation
Art. 55. A "contact-regularization point" for the missions referred to in section 124 of the Program Law of 27 December 2005 is created within the "anticipated tax decisions" service.
He is placed under the supervision of the college referred to in Article 2 of the Royal Decree of 13 August 2004 concerning the creation of the "anticipated tax decisions" service within the Federal Public Service Finance.
The decisions of the College made under this Article shall be adopted in accordance with Article 3, paragraph 1^er, of the Royal Decree of 13 August 2004 concerning the creation of the "anticipated tax decisions" service within the Federal Public Service Finance.
Art. 56. Section 55 produces its effects on March 15, 2006.
CHAPTER VII - Amendment of the Act of 22 February 1998 establishing the organic status of the National Bank of Belgium
Art. 57. Section 7 of the Act of 22 February 1998 establishing the organic status of the National Bank of Belgium, as amended by the Act of 16 December 2005, are amended as follows:
1° paragraph 4 is replaced by the following provision:
"As soon as the pledge agreement is concluded, mention is made in a register kept at the National Bank of Belgium or with a third party to that effect.
By registering in this register, which is not subject to any particular formality, the gage of the National Bank of Belgium acquires a certain date and becomes opposable erga omnes, with the exception of the debtor of debt pledged. "
2° the article is supplemented by the following paragraphs:
"The registry can only be consulted by third parties who consider accepting a real (security) right on claims that may be taken in pledge by the National Bank of Belgium. The consultation of the register is carried out in accordance with the terms set by the National Bank of Belgium.
In the event of the commencement of insolvency proceedings, as detailed in Article 3, 5°, of the Financial Security Act of 15 December 2004 and the provision of various tax provisions in respect of conventions constitutive of real security and loans relating to financial instruments, in charge of a credit institution having given claims in pledges to the National Bank of Belgium, the following provisions are applied:
(a) the registered pledge of the National Bank of Belgium on claims premiums on all security rights subsequently incorporated or conferred on third parties on the same receivables, whether or not the above-mentioned leases have been notified to the debtor of the debtors and whether or not they have been recognized by the debtor; in the event that the National Bank of Belgium carries the pledge to the attention of the debtor of the debtor of the debtor, it can no longer make a liberatory payment only in the hands of the National Bank of Belgium;
(b) third parties who acquire a right of management concurrent with that of the National Bank of Belgium, as described in (a), are in any case required to transmit without delay to the National Bank of Belgium the amounts they have received from the debtor of the debtor of the secured debt after the opening of an insolvency proceeding. The National Bank of Belgium is entitled to demand payment of these amounts without prejudice to its right to damages;
(c) notwithstanding any provisions to the contrary, the compensation that may result in the cancellation in whole or in part of the claims given in pledges to the National Bank of Belgium is in no case permitted;
(d) Article 8 of the Act of 15 December 2004 on financial security rights and with various tax provisions in respect of agreements constituting real-life security and loans relating to financial instruments applies by analogy to the taking of claims by the National Bank of Belgium, with the words "financial instruments" being replaced by "claims";
(e) the combined provisions of sections 5 and 40 of the Mortgage Act are not applicable. "
CHAPTER VIII - Amendment of the Act of 1^er April 1971 establishing a Buildings Board
Art. 58. Article 2bis of the law of 1^er April 1971, establishing a Buildings Board, the following amendments were made:
1° § 1^er is replaced by the following provision:
« § 1^er. The Régie may, on behalf of and on behalf of other legal entities of public law or concessionaires of Belgian or foreign public services, contract public works and services, carry out studies and enter into contracts for the construction, renovation, restoration, rental or management of buildings. »;
2° the provision is supplemented by a fourth and fifth paragraphs, as follows:
“§4. As part of the execution of its powers, the Régie may, by Royal Decree deliberated in the Council of Ministers, be assisted by other legal persons, carry out tasks by other legal persons or perform tasks in collaboration with other legal persons.
§ 5. The Board is authorized to provide facilitative services to the services and institutions referred to in section 2, paragraphs 1^er and 2, which help to optimize the management and use of available spaces. The conditions and terms of reference shall be fixed by a royal decree deliberated in the Council of Ministers. "
Art. 59. Article 2ter, § 1^erthe following amendments are made:
1st paragraph 1^er is replaced by the following provision:
"The Régie is responsible for studying and preparing, in consultation with the occupants, the standards of occupation, quality and safety of the buildings it manages. These standards are approved by the Council of Ministers. »;
2° the last paragraph is deleted.
Art. 60. Article 3, paragraph 1^erthe same law shall be replaced by the following provision:
"The Régie is under the hierarchical authority of the Minister who has the Régie des Bâtiments in his or her responsibilities, referred to below as the Minister. "
Art. 61. Section 4 of the Act is replaced by the following provision:
“Art. 4. § 1^er. The day-to-day management of the Board is entrusted to a deputy head.
The King sets out, by order deliberately in the Council of Ministers, after agreement of the Ministers of Budget and Public Service, the other functions of management and supervision.
The deputy head and management and managerial functions are part of the steering committee. They are designated by mandate for a term of six years.
Procedures for the designation and exercise of the functions of deputy head and management and supervision functions are set by a royal decree deliberated in the Council of Ministers.
By derogation from paragraph 4 and on the proposal of the Minister, after a public appeal to the candidates, the first appointment of the deputy head and management and supervisory functions shall be made by a Royal Decree deliberated in the Council of Ministers for a term of six years.
§ 2. The day-to-day management includes the hierarchical competencies for members of the Régie staff. The King may also assign specific skills to the deputy head.
§ 3. The management committee ensures that the general functioning, the needs of the customers, as well as the justified real estate management from an operational and financial perspective, form the starting point for all activities. He decides on all issues related to the design and implementation of projects, as well as on all matters of internal organization.
§ 4. A member of the Régie's statutory or contractual staff shall declare the interests that he or she has in an institution or business that maintains business ties with the Régie and undertakes to inform the Régie of any change in respect of declared interests.
§ 5. The Minister may delegate specific powers to the deputy head, steering committee or other members of the Régie staff.
The Minister may, within the limits set by the Minister, authorize the staff members to whom the delegation has granted, to delegate the competences in turn. The deputy head takes a subdelegation order for this purpose. "
Art. 62. Section 5 of the Act is replaced by the following provision:
“Art. 5. § 1^er. The Régie organizes a permanent and structured consultation with federal public services for which the Régie fulfills its duties. The structure of this consultation is established by a royal decree deliberated in the Council of Ministers.
§ 2. The Régie establishes a multi-year plan for real estate needs in accordance with the terms defined by a royal decree deliberated in the Council of Ministers. "
Art. 63. Section 6 of the Act is replaced by the following provision:
“Art. 6. - The Board organizes internal control and internal audit. Their organization and structure are defined by a royal decree deliberated in the Council of Ministers. "
Art. 64. Section 7 of the Act is replaced by the following provision:
“Art. 7. - Until the appointment of the deputy head referred to in section 4, his or her powers are exercised by the holder of the position of director general of the Board. "
Art. 65. Section 19 of the Act is replaced by the following provision:
“Art. 19. - The minister lists:
1° of the land, buildings and their state-owned dependencies necessary for the activities of the State services and public services managed by it and for the housing of certain categories of the staff paid by the State, which are managed by the Régie on behalf of the State;
2° of the land, buildings and their outbuildings rented for the same purpose by the State, of which the Régie resumed the lease.
This list is approved by the King and presented to the Council of Ministers.
The Executive Committee shall submit annually to the Minister, an inventory of the assets intended to update the list referred to in paragraph 1^er. "
PART IV - Telecommunications
CHAPTER I^er - IBPT
Art. 66. Section 30 of the Act of 17 January 2003 on the status of the regulator of the Belgian postal and telecommunications sectors is amended as follows:
"Art. 30. § 1^er. The Institute's resources include:
1 the bequests and gifts in his favor;
2° casual income;
3° all other legal and regulatory revenues related to its share and benefits;
4° all royalties collected under securities III and IV of the Act of 21 March 1991;
5° Reimbursement of costs related to the management and supervision of the universal postal service according to the applicable provisions of the Act of 21 March 1991;
6° the reimbursement of costs related to the management and monitoring of the universal telecommunications service according to the applicable provisions of the Act of 13 June 2005 on electronic communications. Administrative royalties as referred to in section 29 of the above-mentioned Act of 13 June 2005 are, inter alia, affected by the costs referred to in this paragraph.
§ 2. Reimbursement of investment fees and maintenance costs of the database referred to in Article 22, § 2 of the Schedule to the Act of June 13, 2005 on electronic communications is as follows:
(a) 10 per cent of the investment costs and 20 per cent of the maintenance costs of the database are attributable in equal shares between the social tariff providers;
(b) 40 per cent of the investment costs and maintenance costs of the database are attributable to social tariff providers proportionally to the number of their customers to whom they apply the social tariff;
(c) 40 per cent of the investment costs and maintenance costs of the database are attributable to providers of social tariffs proportionally to their effective use of the management system of the social component of the universal service;
d) 10 per cent of the investment costs of the database are attributable to the Institute.
§ 3. For the purposes of point (a) of the previous paragraph, social rate providers are not considered to have a turnover in the public telephone market below €1,240,000.
For the purposes of point (b) of the preceding paragraph, the proportion of the contribution due by provider of the relevant social tariffs is calculated daily according to the number of customers to which it applies the social telephone rate this day.
For the application of point (c) of the previous paragraph, the Institute takes into account the number of requests made to the system.
§ 4. Without prejudice to § 2 the costs associated with the establishment and possible use of an XML/batch-type computer mechanism for the management of the social component of the universal service are solely dependent on the social rate providers who use this mode of information management and processing for their relations with the social rate database.
For the purposes of the preceding paragraph, the fees shall be apportioned among the providers of the social tariffs concerned in accordance with § 2.
§ 5. The Institute publishes the method of calculating the investment costs and maintenance costs of the databases referred to in § 2 and shall notify the providers of the relevant social rates of their respective contribution.
Reimbursement of investment and maintenance costs relating to the databases referred to in § 2 that occurred after December 31, 2006, may only be claimed on the basis of this article provided that the investments concerned have been previously approved by the King, by order deliberately in the Council of Ministers.
§ 6. Without prejudice to other applicable provisions, the amounts of royalties collected by the Institute are fixed by Royal Decree on the advice of the Institute.
As they establish a general remuneration for the operation of the Institute, the existing orders referred to in the preceding paragraph are supposed to be repealed by this Act if they have not been confirmed by law within twelve months of the coming into force of the Act of 20 July 2006 with various provisions.
Other royal decrees that establish general remuneration for the operation of the Institute are repealed with retroactive effect if they have not been confirmed by law within twelve months of their entry into force. "
CHAPTER II - Electronic communications
Art. 67. The following amendments are made to section 98 of the Electronic Communications Act of 13 June 2005:
1st paragraph 1^er, which shall form with paragraphs 2 and 3, § 1^er, is replaced by the following provision:
"By 15 November of the calendar year following the year under review, the Institute calculates and publishes the tax rate for the year under review in accordance with paragraph 2. »;
2° the article is supplemented by a § 2, written as follows:
Ҥ2. When an operator fails to provide the information referred to in section 74 within the time limits prescribed by the Institute or fails to provide it, the information shall be determined by the Institute on the basis of any information that it considers relevant. "
Art. 68. In Article 99 of the Act, the words "Article 98, paragraph 3" are replaced by the words "Article 98, § 1^erParagraph 3."
Art. 69. Section 104 of the Act is replaced by the following provision:
“Art. 104. § 1^er. In the event of a failure of the provider, noted by the Institute, in the performance of the universal service obligations under the technical and tariff conditions set out in the annex, the Minister may impose an administrative fine on the supplier concerned, the amount of which may not exceed 1% of the turnover of the provider concerned for the year in question, calculated in accordance with section 95.
§ 2. In the event of a failure of a social tariff provider, noted by the Institute, in the performance of the obligations of the social component of the universal service under the technical and tariff conditions set out in the annex, the Minister may impose an administrative fine on the affected provider, the amount of which may not exceed 1% of the turnover in the public telephony market of the social tariff provider concerned for the year concerned. "
Art. 70. In Article 107, § 2, paragraph 3, of the Act, the words "to which reference is made in this paragraph" are replaced by the words "to which reference is made to the preceding paragraph".
Art. 71. In section 135 of the Act, the following amendments are made:
1st paragraph 1^er is replaced as follows:
"The activation of a pre-selection service, the transfer of an Internet access service or a number by an operator without the written express agreement or other end-user sustainable support, and without clear information about the pre-selection service, the Internet access service or the transfer of the number is prohibited. »;
2° Paragraph 4 is replaced by the following paragraph:
"A person who wrongly asks an operator to transfer a number or Internet access service or to activate or disable a pre-selection or pre-selection service of the operator or a person who wrongly disables a rightly-activated operator pre-selection cannot claim to the end user pre-selection the payment of these costs for the last four months before the complaint. If applicable, it reimburses the amounts already collected. In addition, it is required to pay a flat-rate intervention of 750 euros to the company which thus temporarily loses a final user. "
PART V - Interior
CHAPTER I^er - Amendment of the law programme of 27 December 2004
Art. 72. In section 485, § 3, of the Programme Law of 27 December 2004, the following amendments are made:
1° to paragraph 1^er, 2°, the words "2005 and 2006" are replaced by the words "2005, 2006 and 2007";
2° in paragraph 2, the words "in the years 2005 and 2006" are replaced by the words "in the years 2005, 2006 and 2007".
CHAPTER II - Amendment of the coordinated laws of 18 July 1966 on the use of languages in administrative matters
Art. 73. Section 69 of the coordinated laws of 18 July 1966 on the use of languages in administrative matters, inserted by the law of 12 June 2002, is replaced by the following provision:
"Art. 69. - Until December 31, 2007, members of the federal police and local police who exercise a function in a service where a certain knowledge of another language is required by these coordinated laws, retain their employment even if they cannot demonstrate that knowledge. They must meet the requirements of linguistic knowledge for the above-mentioned date.
Services in which police personnel referred to in paragraph 1^er perform a function, are organized in such a way that it can be used by French, Dutch or German in relations with the public, in accordance with these coordinated laws. "
Art. 74. Article 73 produces its effects on 1^er April 2006.
CHAPTER III - Emergency Services Appeals Agency
Art. 75. Article 1^er, 3°, of the Act of 22 July 1993 on certain measures relating to public service, replaced by the Act of 24 December 2002, is supplemented by the words "Rescue Services Agency".
PART VI - Defence
CHAPTER I^er - Amendment of the law of 1^er March 1958 relating to the status of career officers of the armed forces
Art. 76. Section 12ter of the Act of 1^er March 1958 relating to the status of military career officers, replaced by the Act of 27 March 2003, is supplemented by the following paragraph:
"The King may, by order deliberately in the Council of Ministers, extend the term for one year."
CHAPTER II - Amendment of the Act of 13 July 1976 on the staffing of officers and the statutes of the personnel of the armed forces
Art. 77. Section 53ter of the Act of 13 July 1976 on the staffing of officers and the statutes of the personnel of the armed forces, replaced by the Act of 27 March 2003, is replaced by the following provision:
"Art. 53ter. § 1^er. An adoption leave is granted at the request of the member of the active active working environment who adopts a minor child, with the exception of the member who is on voluntary or automatic availability.
Leave is not more than six weeks. Leave may be split per week and must be taken in the year following the adoption of the child. At the request of the member, not more than three weeks of such leave may be taken before the child is effectively adopted.
A member who wishes to receive such leave shall communicate to the authority to which he or she is responsible the date on which the leave will take place and its duration. This communication shall be in writing at least one month before the commencement of leave, unless the authority accepts a shorter period of time at the request of the person concerned.
The member must join this communication:
1° a certificate issued by the competent central authority of the community that confirms the assignment of the child to the member, if the member wishes to obtain the leave of not more than three weeks before the child is adopted;
2° a certificate that confirms the registration of the child in the register of the population or in the register of foreigners in order to take the leave or leave remaining.
The maximum duration of the adoption leave is doubled when the adopted child is physically or mentally incapacitated at least 66% or a condition that has the effect that at least 4 points are granted in pillar 1 of the medical-social scale, within the meaning of the family allowance regulations.
In the event of multiple adoption, leave is granted for each child.
§ 2. A home leave is granted upon application to the member of the active active service framework that ensures the informal guardianship of a minor child or that accommodates a minor in his or her family as a result of a judicial decision on placement in a foster family, with the exception of the member who is on voluntary or automatic availability.
Leave is not more than six weeks for a child under three years of age and not more than four weeks in other cases. Leave begins on the day the child is received in the family and cannot be split.
A member who wishes to receive such leave shall communicate to the authority to which he or she is responsible the date on which the leave will take place and its duration. This communication shall be in writing at least one month before the commencement of leave, unless the authority accepts a shorter period of time at the request of the person concerned.
The member must join this communication:
1° in the event of a judicial decision on placement, an official certificate of placement by a judge;
2° a certificate confirming the registration of the child in the register of the population or in the register of foreigners.
The maximum duration of the foster leave is doubled when the foster child is physically or mentally incapacitated by 66% or a condition that has the effect that at least 4 points are granted in pillar 1 of the medical-social scale, within the meaning of the family allowance regulations.
§ 3. Adoption leave and home leave are paid and assimilated to active periods of service.
§ 4. In the event of a mobilisation or during a war, the military cannot obtain adoption leave or reception leave.
Adoption and hospitality leave granted automatically ends, without notice, in times of war or in case of mobilization. "
CHAPTER III - Amendment of the Law of 20 May 1994 on the Status of Defence Staff
Art. 78. Section 99bis, § 4, of the Law of 20 May 1994 on the Status of Defence Staff, inserted by the Law of 20 July 2005 and amended by the Law of 5 March 2006, is supplemented by the following paragraph:
"The resignation or termination of the undertaking or the termination of the undertaking are equivalent to a resignation or termination of the application accepted. "
Art. 79. It is included in chapter II of the Act, section 5, which reads as follows:
"Section 5 - State Subrogation in certain cases of refusal of intervention by insurance companies
Art. 99ter. § 1^er. To the military or their eligible persons who, as a result of a death or injury incurred on the occasion of a foreign mission, in the subheadings "in assistance" or "in operational undertaking", are faced with an exclusion by their insurance company resulting in the non-payment of the capital or annuity fixed in the framework of the guarantees provided in their contract of life insurance or equal insurance,
This allowance is payable:
1° provided that the member has taken all necessary measures to inform his insurance company in order to maintain the coverage of the risk provided for in the contract, possibly with the payment of an overcharge;
2° provided that the insurance contract concerned already existed before the mission and was not concluded for the purpose of the mission.
§ 2. Civilians whose presence is required from the military performing service benefits in the subheadings referred to in § 1^erParagraph 1^er, may claim, under the same conditions, for the benefit of compensation referred to in § 1^er.
§ 3. The State is subrogated in the rights and shares of the staff concerned to the amount paid, both to the insurance company and to any third party responsible. "
CHAPTER IV - Amendment of the Act of 25 May 2000 establishing the voluntary work regime of the four-day week and the early-to-half-time departure regime for certain military personnel and amending the status of the military to introduce temporary employment withdrawal by career interruption
Art. 80. In Article 6, § 1^er, 7°, of the law of May 25, 2000 establishing the voluntary work regime of the four-day week and the early half-time departure regime for certain military personnel and amending the status of the military to establish the temporary withdrawal of employment by career interruption, replaced by the law of July 16, 2005, the words "approval leave" are inserted between the words "maternity leave" and the words "launch leave".
Art. 81. In Article 14, § 1^erParagraph 1^er, 4°, of the same law, replaced by the law of July 16, 2005, the words "of adoption leave, of reception leave" are inserted between the words "mother-day leave" and "parental leave, of paternity leave".
Art. 82. In Article 23, § 2, paragraph 1^er, in the same law, the words "at least five years" are replaced by the words "at least five years".
CHAPTER V - Amendment of the Act of 25 February 2003 establishing the function of a security officer for the execution of police missions of courts and tribunals and the transfer of detainees
Art. 83. Section 5 of the Act of 25 February 2003 establishing the function of a security officer for the execution of the police missions of courts and tribunals and the transfer of detainees is replaced by the following provision:
“Art. 5. - Each year spent as a security officer is taken into account at a rate of 1/50th of the reference salary that serves as the basis for the establishment of the pension. Military services are considered for the same period.
Civilian officers of the Federal Public Service Justice who serve as a security officer may continue to benefit from the provisions of the Royal Decree of 25 September 1998 establishing pre-retirement leave in favour of certain officers in service in the external services of the General Directorate of Corrections, by 31 December 2003. "
Art. 84. An article 5bis, as follows, is inserted in the same law:
"Art. 5bis. - Derogation from article 46, paragraph 1^erof the Act of 15 May 1984 on measures of harmonization in pension plans, the transferred members who, at the date of their transfer, had attained the age of 45 years may, at their request, be eligible to retire on the first day of the quarter following that in which they reach the age of 56 years completed, or on the first day of the month following the termination of their duties if the exclusion occurs after, For the calculation of these twenty years of service, eligible service times and periods are considered only for their simple duration.
Paragraph 1^er is not applied to deferred pension applications or to immediate pension applications from the age of 60.
For transferred members who, pursuant to paragraph 1^er, apply to be admitted to pension before the age of 60, the minimum age referred to in section 2, paragraph 2, of the Act of 14 April 1965 establishing certain relationships between the various public sector pension plans is set at 56 years.
For the application of section 83 of the Act of 5 August 1978 of economic and budgetary reforms to former military personnel referred to in paragraph 1^erthe age of 60 referred to in the aforementioned provision is replaced by the age of 56. "
CHAPTER VI - Amendment of the Act of 16 July 2005 establishing the transfer of certain military personnel to a public employer
Art. 85. Section 5 of the Act of 16 July 2005 establishing the transfer of certain military personnel to a public employer is supplemented by the following paragraph:
"The duration of a year referred to in paragraph 1^er is extended in full right of the duration of maternity, paternity leave, parental leave, foster leave or adoption leave. "
Art. 86. Section 10 of the Act is replaced by the following provision:
“Art. 10. - Derogation from article 46, paragraph 1^er, of the Act of May 15, 1984 on measures of harmonization in pension plans, the transferred members who, at the date of their transfer, have attained the age of 45 years, may, at their request, be eligible to retire on the first day of the quarter following that in which they reach the age of 56 years completed, or on the first day of the month following the termination of their duties if the exclusion occurs after For the calculation of these twenty years of service, eligible service times and periods are considered only for their simple duration.
Paragraph 1^er is not applied to deferred pension applications or to immediate pension applications from the age of 60. Paragraph 1^er is also not applicable to the transferred military whose age limit as a member was greater than 56 years.
For transferred members who, pursuant to paragraph 1^er, apply to be admitted to a pension before the age of 60, the minimum age provided for in section 2, paragraph 2, of the Act of 14 April 1965 establishing certain relations between the various public sector pension plans, is set at 56 years.
For the application of section 83 of the Act of 5 August 1978 of economic and budgetary reforms to former military personnel referred to in paragraph 1^erthe age of 60 referred to in the aforementioned provision is replaced by the age of 56.
The age of 56 referred to in the preceding paragraph is replaced by 58 years and 59 years for the transferred military whose age as a member was one of these ages. The previous paragraph is not applicable to the transferred military whose age limit as a member was greater than 59 years.
Each year spent as a member is taken into account by 1/50th of the reference salary that serves as the basis for the establishment of the retirement pension. "
CHAPTER VII - Transitional provision
Art. 87. Members who have adopted or hosted a child in the family before the effective date of section 77 remain subject to the provisions applicable to them before that date.
CHAPTER VIII - Entry into force
Art. 88. The King shall, by order deliberately in the Council of Ministers, establish the date of entry into force of Article 79.
PART VII - Telecommunications, Economy, Energy and External Trade
CHAPTER I^er - Telecommunications
Section 1^re - IBPT
Art. 89. Section 26 of the Act of 17 January 2003 on the status of the regulator of the Belgian postal and telecommunications sectors is amended as follows:
1° in paragraph 3, the words "administrative status and" are inserted between the words "and Budget" and the words "organic framework";
2° the article is supplemented by the following paragraph:
"The King shall, on the proposal of the Institute and after agreement of the Minister of Budget, establish the financial status of the Institute's staff. "
Art. 90. Section 89 produces its effects on April 23, 2003.
Section 2 - Electronic communications
Art. 91. Section 2 of the Act of 13 June 2005 on electronic communications is supplemented by the following text:
"67° "public office of electronic communications": local or device accessible to the public for the temporary provision of compensation, terminal equipment to use on-site a network or electronic communications service without a contractual relationship with the network or service provider. "
Art. 92. The following amendments are made to section 9 of the Act:
1° 1 § 5 is inserted and read as follows:
“§ 5. The notification referred to in § 1^er is not required for the provision or resale of electronic communications networks that do not cross the public domain. »;
2° 1 § 6 is inserted and read as follows:
“§ 6. The notification referred to in § 1^er is not required for the provision or resale of electronic communications services or networks exclusively for a legal entity, in which the supplier or reseller has a majority interest, or exclusively for natural persons under a convention in which electronic communications services or networks are made available incidentally and only as assistance. »;
3° 1 § 7 is inserted and read as follows:
“§ 7. By deliberately decreed in the Council of Ministers, the King, on the proposal of the Minister of Justice and the Minister, after the advice of the Commission for the Protection of Privacy and the Institute, sets out the conditions under which suppliers and resellers referred to in §§ 5 and 6 record and retain traffic data and data for the identification of end-users for the prosecution and repression of criminal offences, and for the purpose of repression of malicious appeals.
By order deliberately in the Council of Ministers, the King shall, on the proposal of the Minister of Justice and the Minister, after the advice of the Commission for the Protection of Privacy and the Institute, establish the technical and administrative measures imposed on suppliers and resellers referred to in §§ 5 and 6, with a view to allowing the identification of the appellant, the identification, the location, the listening, the taking of knowledge and the registration of private communications under the conditions provided for
Suppliers and resellers referred to in paragraphs 5 and 6 shall ensure that the data mentioned in 1^er paragraph of this paragraph shall be unlimitedly accessible from Belgium. »;
4° 1 § 8 is inserted and read as follows:
Ҥ 8. The Institute monitors compliance with the obligations set out in the preceding paragraphs of this article and publishes on its website persons who have made a notification within the meaning of this article. The Institute also transmits an annual report to the Minister summarizing on the one hand the notifications made, and on the other hand, the actions undertaken in the light of the monitoring of the obligations under this section.
As part of the control referred to in the previous paragraph, any operator shall communicate to the Institute, upon request of the Institute, any information relating to the provision of electronic communications networks or services to other persons other than end-users. "
Art. 93. A natural or legal person who has made a notification before the entry into force of the preceding article, pursuant to article 9 of the law of 13 June 2005 on electronic communications, may bring to the attention of the Institute, as referred to in article 2, 3°, of the law of 17 January 2003 relating to the status of the regulator of the sectors of Belgian posts and telecommunications, by registered mail, that he wishes to appeal to article 9, §. In this case, the notification is considered unfavourable upon receipt of the recommended mail.
Art. 94. The following amendments are made to section 34 of the Act:
1° the words "Article 40" are replaced by the words "Article 32";
2° the following sentence is added to point 1°: "Article 33, § 1^er, 1°, is also not applicable to these equipment".
Art. 95. In article 39, § 3, of the same law, the words "The King, on proposal of" are inserted before the words "the Institute".
Art. 96. Article 47, paragraph 1^er, in the same Act, the words "the obligations to be fulfilled by public electronic communications offices, including the royalties due by them for the notification, in accordance with Article 9, and the control as well as" are inserted between the words "after the opinion of the Institute", and "the categories of persons".
Art. 97. Section 163 of the Act is replaced by the following provision:
"Art. 163. - Belgacom provides the universal service, as described in Article 68, 1°, 3°, 4° and 5°, of this Act and the related provisions contained in the annex, as well as the services referred to in Article 105 of this Act.
This obligation is valid, with respect to universal service, up to 1^er January of the year following the King's designation of one or more service providers for each of the elements of the universal service that fall under the scope of the preceding paragraph. With respect to the services referred to in section 105, the obligation shall apply until the King has appointed one or more operators under section 105 of this Act. "
CHAPTER II - Economy
Section 1^re - Insurance
Art. 98. Section 41, paragraph 4, of the Act of 25 June 1992 on the land insurance contract is supplemented as follows:
"In the event of misfortune caused by minors, the King may limit the right of appeal of the insurer covering extra-contractual civil liability for privacy. "
Art. 99. Section 68-10, as follows, is inserted in the same Act:
« Artikel 68-10
Natural Disaster Compensation Fund
§ 1^er. The King agrees, under the conditions it determines, a Natural Disaster Compensation Fund, as described below as the Compensation Fund, which is responsible for setting the key to the distribution of the burden of claims whose risks have been tariffed under the terms of the Bureau, between all insurers who offer in Belgium the assurance of fire risks.
§ 2. The King approves the statutes and regulates the control of the activities of the Compensation Fund. It indicates the acts that must be published in the Belgian Monitor. If necessary, the King creates the Compensation Fund.
§ 3. Insurers who practise fire risk insurance in Belgium are jointly and severally obliged to make the necessary payments to the Compensation Fund for the performance of its mission and to support its operating costs.
If the Compensation Fund is created by the King, a Royal Decree sets out annually the rules for calculating payments to be made by insurers.
§ 4. The approval shall be withdrawn if the Compensation Fund does not act in accordance with the laws, regulations or its statutes.
In this case, the King may take all measures to safeguard the rights of insurance takers, insured persons and injured persons.
The Compensation Fund shall remain subject to control during the liquidation period.
The King appoints a special liquidator for this liquidation. "
Section 2 - Amendments to the Code of Societies, the Act of 22 July 1953 creating an Institute of Business Reviewers and the implementation of Directive 2006/43/EC of the European Parliament and the Council on the legal controls of annual and consolidated accounts, amending Directives 78/660/EEC and 83/349/EEC of the Council, and repealing Council Directive 84/253/EEC
Art. 100. Section 133 of the Corporate Code, amended by the Acts of 2 August 2002 and 22 December 2003 and by the Royal Decree of 1^er September 2004, is replaced by the following provision:
"Art. 133. § 1^er. Can not be designated as a Commissioner those who are in conditions that may jeopardize the independence of the exercise of their duties as a Commissioner, in accordance with the rules of the business review profession. Commissioners must ensure that they are not placed, after designation, under such conditions.
§ 2. In particular, the Commissioners may not accept, either in the corporation under their control or in a corporation or person related to the corporation within the meaning of section 11, any other function, mandate or mission to be exercised during or after the corporation's mandate and that would be of a nature to question the independence of the performance of their duties as Commissioner.
§ 3. Until the end of a period of two years beginning on the date of termination of their duties as commissioners, they may not accept a term of office of administrator, manager or any other function from the corporation that is subject to their control, or from a corporation or person bound under section 11.
§ 4. Subsection 2 is also applicable to persons with whom the Commissioner has entered into a contract of employment, with whom he or she is, from a professional perspective, in collaborative relationships or to companies or individuals related to the Commissioner referred to in section 11.
§ 5. Without prejudice to the prohibitions arising out of the Royal Decree referred to in paragraph 9, the Commissioner and the persons with whom he has entered into a contract of employment, with whom he is professionally placed in collaborative ties or the companies or persons related to the Commissioner referred to in section 11, may not presume services other than the duties entrusted by law to the Commissioner, to the extent that the total amount of remuneration for those services exceeds the emoluments referred to in § 1^er.
This provision applies to listed companies as defined in section 4 and to corporations that are part of a group that is required to establish and publish consolidated annual accounts.
§ 6. The additional prohibition referred to in the preceding paragraph may be waived in each of the following three cases:
1° on the favourable deliberation of the audit committee of the society concerned or of another company which controls it, when the creation of such a committee charged, in particular, to ensure a permanent monitoring of the duties performed by the Commissioner is provided by the statutes of the society that creates it if that society is Belgian or by an audit committee of a parent company if it is a society under the law of another member State of the OECD;
2° after the Commissioner has obtained a positive preliminary opinion from the advisory and oversight committee established under subsection 10;
3° if a college of commissioners, independent of each other, was established within the society.
In the cases referred to in the preceding paragraph, reference is made to the annual accounts of the derogation and motivation of the derogation.
In the event of deliberation of the audit committee referred to in paragraph 1^er, 1°, the Advisory and Control Committee is no longer authorized to render an opinion on the matter that was the subject of deliberation. In the event of an opinion of the advisory and oversight committee, the audit committee referred to in paragraph 1^er, 1°, is no longer authorized to deliberate on the matter that was submitted to the opinion of the Committee of Opinion and Control.
§ 7. For the purposes of paragraphs 5 and 6, the benefits of verifying economic and financial data relating to a third-party enterprise that the corporation or any of its subsidiaries propose to acquire or acquire.
The assessment of the remuneration and emoluments report is to be made for the whole constituted by the company and its subsidiaries, on the understanding that emoluments for the control of the accounts of the foreign affiliates are those arising from the legal and/or contractual provisions applicable to these subsidiaries.
The assessment of the above-mentioned compensation and emoluments report must be understood to be to be performed by comparing overall for the duration of the social year:
- on the one hand, the total of the remuneration for the non-legally assigned service exercise to the Commissioner, allotted during the fiscal year, by the corporation and its affiliates, to the Commissioner or to a person with whom the Commissioner has entered into a contract of work or with whom the Commissioner has entered into a collaborative relationship, or to a person or partnership connected to the Commissioner within the meaning of section 11, and
- on the other hand, total emoluments relating to the exercise referred to in Article 134, § 1^er, allotted during the fiscal year, by the corporation and its subsidiaries, to the Commissioner or to a person with whom it has entered into a contract of work or with which it is, from a professional perspective, in a collaborative relationship or to a person or partnership connected to the Commissioner within the meaning of section 11.
For foreign affiliates, emoluments are calculated in accordance with the equivalent provisions abroad.
Compensation and emoluments that are awarded by the affiliates of the corporation whose accounts are controlled by the Commissioner and which are considered for the assessment of the remuneration and emoluments report referred to in the preceding paragraph shall not be subject to a separate assessment.
§ 8. The commissioners may not declare themselves independent when the company from which they audit the accounts or a Belgian company or a Belgian person who controls it or:
(a) a Belgian subsidiary of a Belgian company subject to the legal control of its accounts, referred to in sections 142 and 146, has benefited during their term of one or more benefits other than those entrusted by law to the Commissioner, referred to in § 9 and performed by himself or by a person, Belgian or foreign, with whom the Commissioner has entered into a contract of work or with which he is, from a professional angle, in links of collaboration or by a foreign company,
(b) a foreign affiliate of a Belgian company subject to the legal control of its accounts, referred to in sections 142 and 146, has benefited during their term of one or more benefits other than those entrusted by law to the Commissioner referred to in § 9 and performed by himself or by a Belgian person with whom he has entered into a contract of work or with which he is, from a professional angle, in links of collaboration or by a Belgian company or a Belgian person bound to the Commissioner 11.
§ 9. The King determines, by order deliberately in the Council of Ministers taken at the initiative of the Minister of Economy and the Minister of Justice, following the advice of the Superior Council of Economic Professions and the Institute of Business Reviewers, in a manner limiting the benefits referred to in paragraph 8 that are likely to question the independence of the Commissioner.
§ 10. It is created a committee of opinion and control, whose seat is in Brussels and which has the legal personality. This committee shall issue, at the request of the Commissioner, a prior notice regarding the compatibility of a performance with independence in the performance of its duties. This committee may also file a case with the relevant disciplinary body of the Institute of Business Revisers with respect to the independence of the exercise of the function of Commissioner. For this purpose, the committee may request all relevant information from the Institute of Business Resellers.
The committee is composed of independent members of the business reviewer profession and appointed by the King on the proposal of the Minister of Economy and the Minister of Justice for a renewable period of five years. Section 458 of the Criminal Code applies to members of the committee. The King specifies the rules relating to the composition, organization, operation and mode of funding of the committee and the compensation of its members. Without prejudice to the possibility for the committee to receive, under the conditions determined by the King, contributions to cover its costs and expenses, the operating costs of the committee shall be covered by the legal persons required to publish their annual accounts, and if so, their consolidated accounts, by deposit to the National Bank of Belgium.
Under the conditions determined by the King, the National Bank of Belgium receives 0.50 euro per annual account, and if applicable by consolidated account, deposited from 1^er January 2004 and she pays these amounts to the committee. "
Art. 101. Section 134 of the same code, as amended by the Act of 2 August 2002, is replaced by the following provision:
"Art. 134. § 1^er. The Commissioners' emoluments are established at the beginning of their term by the General Assembly. These emoluments consist of a fixed sum guaranteeing compliance with the revision standards established by the Institute of Business Reviewers. They are listed in the appendix to the annual accounts of listed companies as defined in section 4 and to companies that are required to establish and publish consolidated accounts. They may only be amended from the consent of the parties.
§ 2. The subject-matter of and emoluments related to exceptional benefits or special missions performed by the Commissioner in the corporation of which he controls the annual accounts referred to in section 142, or a Belgian company subject to the legal control of its consolidated accounts, referred to in section 146, and its subsidiaries are listed in the annex to the annual accounts or, if any, consolidated, under the following categories:
- other certification missions,
- tax advice missions, and
- other missions outside the revisoral mission.
§ 3. Apart from these emoluments, Commissioners may not receive any benefits from the company in any form. The company may not grant them loans or advances, or give or constitute guarantees for their benefit.
§ 4. The purpose of and the emoluments related to the functions, mandates or missions performed by a person with whom the Commissioner has entered into a contract of work or with which he or she is, from a professional perspective, in a collaborative relationship or by a corporation or a person related to the Commissioner referred to in section 11, within the corporation whose Commissioner controls the annual accounts referred to in section 142, or a Belgian affiliate subject to the legal control of its consolidated accounts
- other certification missions,
- tax advisory missions, and
- other missions outside the revisoral mission. "
Art. 102. § 1^er. The King may, by order deliberately in the Council of Ministers, take the measures to fulfil the obligations resulting from the regulations and directives taken under Article 44.2., (g), of the Treaty establishing the European Community, approved by the Law of 10 August 1998.
§ 2. As part of the execution of the regulations and directives referred to in § 1^er, the King may take measures to:
1° to establish a "back to order" of a business reviewer when the facts referred to the reviewer, while being proven, do not justify any of the disciplinary penalties provided for;
2° specify the notion of disciplinary misconduct in the head of a review company;
3° provide for a fine instead of a suspension for a review company, taking into account the disproportionate consequences that such sanctions may have on partners not personally affected by the disciplinary penalty;
4° to establish interim measures for cases in which the general interest orders that a reviewer be immediately, but provisionally, deprived of the right to perform professional acts;
5° provide a legal basis for the possibility of imposing disciplinary penalties in the event of breaches of fairness due to the Institute of Business Reviewers or its bodies;
6° make the provisions of the Judicial Code in the matter of discipline of judges applicable to members and alternate members of the Disciplinary Commission and the Appeals Board;
7° provide a legal basis for the jurisdiction of disciplinary proceedings, in accordance with section 22 of the Act of 11 January 1993 on the prevention of the use of the financial system for the purposes of money laundering and the financing of terrorism, to impose administrative fines in the event of non-compliance with sections 4 to 19 of the aforementioned Act;
8° to make certain corrections of a technical and legal nature to the law of July 22, 1953 creating an Institute of Business Reviewers;
9° coordinate and renumber the articles of the same law and reorganize the chapters.
Art. 103. § 1^er. Orders made under section 102 of this Act may repeal, supplement, amend or replace the legal provisions in force.
§ 2. Orders referred to in section 102 shall be communicated to the President of the House of Representatives and the Senate before their publication to the Belgian Monitor.
§ 3. The authorization granted to the King by this Act expires on 31 December 2007.
§ 4. These orders cease to produce their effects if they have not been confirmed by law before 1^er August 2008.
§ 5. After the expiry of the powers granted by this Act, the orders confirmed by the law in accordance with § 2 may only be amended, supplemented, replaced or repealed by a law.
Art. 104. Sections 100 and 101 apply to benefits and situations arising out of the fiscal years that end on the effective date of this Act or at a later date.
Section 3 - Amendments to the Act of 16 June 1970 on Units, Standardions and Measuring Instruments
Art. 105. Article 11, (a), of the Act of 16 June 1970 on units, standardions and measuring instruments, the words "with the exception of bottles, futlets and containers for the supply of drinks" are deleted.
Art. 106. In article 13 of the same law, it is inserted, instead of § 3, which becomes § 4, a new § 3, as follows:
Ҥ3. At trade fairs, exhibitions and demonstrations, the presentation of unaudited measuring instruments is permitted provided that a visible panel clearly indicates that these measuring instruments are not in compliance with this Act and that they cannot be marketed or put into service. "
Art. 107. Article 15, § 1^erin the same law, the words "and bear the name or mark of the manufacturer or importer" are deleted.
Art. 108. Section 16 of the Act is supplemented as follows:
"The King can define other verification operations. "
Art. 109. Article 24 of the same law, the current text of which shall form § 1^er, it is added a § 2, which reads as follows:
“§2. The officers commissioned for this purpose by the Minister may, in the light of the minutes that find a violation of the provisions of this Act and made by the agents referred to in § 1^er, propose to the offenders the payment of a sum that extinguishes public action. The rates as well as the payment and collection modalities are fixed by the King. "
Art. 110. Sections 28 and 29 of the Act are repealed.
Art. 111. Section 30 of the Act, amended by the Act of 21 February 1986 and the Programme Act of 9 July 2004, are amended as follows:
1° § 1^er, 3, is replaced by the following provision:
“3. to coordinate metrological activities at the Belgian level and to represent Belgium with the aforementioned Convention bodies and international metrology organizations. »;
2° it is inserted a § 5, written as follows:
Ҥ 5. The King takes all necessary measures to achieve an adequate and coordinated use of the metrological potential:
1° in the verification of measuring instruments based on a system of accreditation of public and private bodies. The King determines the conditions to which these organizations must meet so that they can perform the metrological services referred to in this Act;
2° in the field of scientific metrology on the basis of a network, hereafter referred to as the Network, research institutes or public and private laboratories that meet, inter alia, the criteria established by the bodies of the above-mentioned Convention. The King sets out the modalities for the development and operation of the Network as well as the conditions to which the research institutes and laboratories must satisfy in order to be part of it and to remain it.
The criminal provisions contained in Article 26 are applicable to those whose activities involve an abusive reference to this Network. "
Section 4 - Amendment of the Act of 17 July 1975 on Business Accounting
Art. 112. In Article 13, paragraph 2, of the Act of 17 July 1975 relating to business accounting, as amended by the Acts of 6 August 1993 and 7 May 1999, the words "at the Institute which assumes the secretariat of the commission" are replaced by the words "at the commission".
Section 5 - Coordination of the Law of 10 June 2006 on the Protection of Economic Competition and the Law of 10 June 2006 establishing the Conseil de concurrence
Art. 113. The King may coordinate the provisions of the Act of 10 June 2006 on the protection of economic competition with the provisions of the Act of 10 June 2006 establishing the Conseil de la concurrence and the provisions that would have expressly or implicitly amended them at the time of coordination.
To this end, He may, inter alia:
1° amend the order, numbering and, in general, the presentation of the provisions to be coordinated;
2° amend the references contained in the provisions to be coordinated with a view to aligning them with the new numbering;
3° amend the drafting of the provisions to be coordinated, with a view to ensuring their consistency and unifying the terminology, without prejudice to the principles set out in these provisions.
Coordination will be the title determined by the King.
Art. 114. In Article 75, § 1^er, 14°, of the Act of 2 August 2002 on financial sector surveillance and financial services, amended by Royal Decree of 25 March 2003, the words "5 August 1991" are replaced by the words "10 June 2006".
Art. 115. In section 15/22 of the Act of 12 April 1965 on the carriage of gaseous and other products by pipeline, inserted by the Act of 20 July 2005, the following amendments are made:
1° in § 1^erthe words "the law of 5 August 1991 on the protection of economic competition, coordinated on 1^er July 1999 is replaced by the words "the laws of 10 June 2006 on the protection of economic competition and establishing the Conseil de la concurrence";
2° in § 2, paragraph 2 is replaced by the following paragraph: "The Competition Council established by the Act of 10 June 2006 shall rule within four months".
Art. 116. In section 29quinquies of the Act of 29 April 1999 on the organization of the electricity market, inserted by the Act of 20 July 2005, the following amendments are made:
1° in § 1^er the words "the law of 5 August 1991 on the protection of economic competition, coordinated on 1^er July 1999 is replaced by the words "the laws of 10 June 2006 on the protection of economic competition and establishing the Conseil de la concurrence";
2° in § 2, paragraph 2 is replaced by the following paragraph: "The Conseil de la concurrence established by the law of 10 June 2006, shall rule within four months".
Art. 117. In Article 4 of the Act of 17 January 2003 concerning the appeals and processing of disputes on the occasion of the Act of 17 January 2003 relating to the status of the regulator of the sectors of Belgian posts and telecommunications, the words "as referred to in Articles 16 and following of the Act of 5 August 1991 on the protection of economic competition" are replaced by the words "established by the law of 10 June 2006 establishing the Conseil de la concurrence".
Art. 118. Sections 114 to 117 come into force on the day of the coming into force of the Act of 10 June 2006 on the Protection of Economic Competition and the Act of 10 June 2006 establishing a Competition Council.
CHAPTER III - Energy
Section 1^re - Oil
Sub-section 1^re - Signature of programme contract
Art. 119. Article 1^er§ 4, of the Law of 22 January 1945 on Economic Regulation and Prices, inserted by the Law of 27 December 2005, is replaced by the following:
Ҥ4. The Minister of Economy may also enter into a program contract with professional associations. A professional association is defined as an association of companies active in the refinement, import or distribution of petroleum products.
If the professional association or several professional associations with which a program contract is concluded, are representative for at least 60% of the quantities of petroleum products consumed in Belgium, the program contract is binding for the entire sector. When a professional association of the sector, on behalf of its members, filed by registered letter with the Minister of Economy a motivated claim against one or more elements that are part of the current program contract, the Minister of Economy takes this claim into consideration. The Minister of Economy begins, within one month of receiving the motivated claim, a new negotiation regarding this claim under the program contract. The Minister of Economy shall inform the relevant professional association within three months of receipt of the claim and by registered letter to the position. The reasoned claim has no suspensive effect on the current program contract. "
Sub-section 2 - Eligible deposits for mandatory stocks that APETRA manages
Art. 120. Article 8, § 1^er the Act of 26 January 2006 on the detention of mandatory oil and petroleum stocks and the establishment of an agency for the management of part of these stocks and amending the Act of 10 June 1997 on the general regime, the detention, traffic and controls of goods subject to access, is replaced by the following text:
« § 1^er. The stocks that APETRA manages are in "eligible deposits". The King sets out the conditions to which these deposits must respond and the procedure for accreditation for these deposits. "
Section 2 - Gas Products - Amendments to the Act of 12 April 1965 on the ransport of gaseous and other products by pipelines
Art. 121. In Article 1^er, 38°, of the law of 12 April 1965 concerning the transport of gaseous and other products by pipeline, inserted by the law of 1^er June 2005, the words "of Council Regulation (EEC) No. 4064/89 of 21 December 1989" are replaced by the words "of Council Regulation (EC) No. 139/2004 of 20 January 2004.
Art. 122. Article 15/5bis of the same law, inserted by the law of 1^er June 2005, the following amendments are made:
1° § 2 (b) is replaced by the following provision:
"(b) a fair margin and amortization, both necessary to ensure the manager the optimal operation, the necessary future investments and the viability of the natural gas transport network or the natural gas storage facility and/or the LNG installation and to offer to the manager concerned, after a European calibration based on comparable managers, a favourable perspective regarding access to long-term capital markets; »;
2° § 2 is supplemented by the following paragraph:
"The provisions of the Royal Decree of 15 April 2002 relating to the general tariff structure and the basic principles and procedures for the tariffs and accounting of the enterprises for the carriage of natural gas active in Belgian territory and the Royal Decree of 29 February 2004 relating to the general tariff structure and the basic principles and procedures for the rates and accounts of the managers of the natural gas distribution networks active in Belgian territory remain in force for the years of operation, »;
3° § 3 is replaced by the following provision:
Ҥ3. After notice of the commission, the King may derogate from the rates of connection and use of the natural gas transport network.
Derogations referred to in paragraph 1^er are applicable to extensions of facilities or new natural gas transport facilities for the storage of natural gas and extensions of facilities or new LNG natural gas transport facilities, as well as to extensions of facilities or new natural gas transport facilities for transit capacity and necessary for the long-term development of these facilities. These exemptions may include:
1° the duration of application of the rates, which may be more than four years;
2° the level of equitable margin for the remuneration of capital invested.
This exemption does not prejudice section 15/5ter. "
Art. 123. Article 15/5quater of the same law, inserted by the law of 1^er June 2005, the following amendments are made:
1° In § 3 the introductory sentence is replaced by the following provision:
"Without prejudice to the commission's assessment and control authority, the total income for the first year of the regular period is used as a reference to the assessment of total income for the following years of the four-year regular period, taking into account the following evolutionary rules:"
2° § 3, 1°, is replaced by the following provision:
"1° the categories of total income components, as referred to in section 15/5bis, which relate to costs on which managers do not have direct control and which are necessary for the safety, efficiency and reliability of the natural gas transport network, the natural gas storage facility and the LNG installation, and which evolve according to the corresponding costs borne by managers. Manageable costs evolve on the basis of an objective indexing formula, which gives rise to stable rates over the four-year period and provides coverage of the network manager's obligations under this Act. After the commission's opinion, the objective indexing formula is fixed by the King after deliberation in the Council of Ministers; »;
3° in § 5, the words "The transport company can" are replaced by the words "Managers can".
Art. 124. Section 15/15 of the Act, inserted by the Act of 29 April 1999 and amended by the Acts of 12 August 2000, 16 July 2001 and 20 March 2003, is replaced by the following provision:
"Art. 15/15. § 1^er. The committee is composed of four members.
§ 2. The administrative direction referred to in Article 25, § 1^er, 3°, of the Act of 29 April 1999 on the organization of the electricity market, is responsible for the substances referred to in Article 15/14, § 2, paragraph 2, 2°.
§ 3. The direction of the technical operation of the market, referred to in Article 25, § 1^er, 1°, of the Act of 29 April 1999 on the organization of the electricity market, is also responsible for the substances referred to in Article 15/14, § 2, paragraph 2, 4° to 8°.
The direction of the control of prices and accounts referred to in Article 25, § 1^er, 2°, of the Act of 29 April 1999 on the organization of the electricity market, is also responsible for the substances referred to in Article 15/14, § 2, paragraph 2, 8°bis to 10°. "
Art. 125. In Article 15/16, § 2, first sentence, of the same law, the words "§§ 2 and 3" are replaced by the words "§ 2".
Art. 126. In section 15/20, 7°, of the same law, the words "on administrative fines" are replaced by the words "to impose an administrative fine".
Art. 127. Article 15/21, § 1^erin the same law, the words "section 15/19" are replaced by the words "section 15/20".
Section 3 - Electricity - Amendments to the Act of April 29, 1999 on the organization of the electricity market
Art. 128. In section 2 of the Act of 29 April 1999 on the organization of the electricity market, items 19° and 20° are replaced by the following provisions:
"19° "associated company": any company associated with the meaning of Article 12 of the Corporate Code;
20° "Related business": any company connected to the meaning of Article 11 of the Corporate Code; "
Art. 129. In section 12 of the same law, inserted by the law of 1^er June 2005, the following amendments are made:
1° § 2, 2°, is replaced by the following provision:
"2° a fair margin and amortization, both necessary to ensure the network manager the optimal operation, future investments and sustainability of the transport network, and to offer the network manager concerned, after a European calibration based on comparable network managers, a favorable perspective regarding access to long-term capital markets; »;
2° it is inserted a § 4, written as follows:
Ҥ4. The provisions of the Royal Decree of April 4, 2001 relating to the general tariff structure and the basic principles and procedures for the tariffs and accounting of the manager of the national electricity transmission network and the Royal Decree of July 11, 2002 relating to the general tariff structure and to the basic principles and procedures for the connection to the distribution and use networks of those networks, "
Art. 130. Article 12quater, § 1^erof the same law, inserted by the law of 1^er June 2005, the following amendments are made:
1° the introductory sentence is replaced as follows:
"Without prejudice to the commission's assessment and control authority, the total income for the first year of the regular period is used as a reference to the evolution of the total income for the following years of the four-year regular period, taking into account the following evolution rules:"
2° the 2° is completed as follows:
"After notice of the commission, the objective indexing formula is fixed by the King after deliberation in the Council of Ministers. "
Art. 131. In article 12novia, paragraph 2, of the same law, inserted by the law of 1^er June 2005, the last sentence is replaced by the following sentence:
"The investments that contribute to the security and/or the optimization of the operation of cross-border interconnections are recognized as national or European, with, where appropriate, de-phase transformers, thus facilitating the development of the national and European domestic market. "
Art. 132. In section 22bis of the Act, inserted by the Act of 27 December 2004, the following amendments are made:
1° to § 3, paragraph 1^er, the words "as well as the deadlines" are inserted between the words "tax rates" and "as mentioned";
2° in § 7, paragraph 2, first sentence, of the same law, the letter "t" is replaced by "t-1";
3° § 8 is supplemented by the following paragraph:
"The Minister determines:
1° the terms and conditions of the federal contribution to suppliers by distribution network managers;
2° the terms and conditions for the federal contribution to final customers by suppliers;
3° the measures for the recovery of contributions pre-funded by distribution network managers on the one hand, and by suppliers on the other. "
Art. 133. The following amendments are made to section 23 of the Act:
1° to § 2, paragraph 2, 5°, as amended by the Act of 16 July 2001, the words "insure the secretariat of the Chamber of Disputes referred to in Article 29" are deleted;
2° § 2, last paragraph, inserted by the law of 16 July 2001 and amended by the law of 20 March 2003, is replaced by the following provision:
"The steering committee shall render its notices (and proposals) to the Minister within forty calendar days of receipt of the application, unless the Minister provides for a longer period of time. The Minister may provide for a shorter period for the notices requested under sections 19 and 32. When the Executive Committee provides its advice (and proposals) to the Minister, it also forwards it to the General Council. »;
3° § 3, replaced by the Act of 20 March 2003, is supplemented by a third paragraph, which reads as follows:
"The Minister submits to the Council of Ministers a report that includes a comparative table of objectives, as formulated in the Policy Note, and their implementation during the year concerned. If it appears from the comparison that the targets set are not met, the steering committee is heard. If it turns out that the explanations obtained under this framework provide insufficient justification, the Council of Ministers shall give the steering committee, on the proposal of the Minister, either enforcement instructions to achieve the objectives set out in the approved policy note or concrete policy directives to reformulate or correct the objectives set out in the approved policy note. In both cases, the enforcement instructions or the specific policy directives so formulated will give rise to the adaptation of the policy note in accordance with the appropriate decision-making procedure. "
Art. 134. In section 24 of the Act, the following amendments are made:
1° to § 2, paragraph 2, last sentence, the words "related to the directions they are called to direct. are replaced by the words “under their jurisdiction: for the chair, with regard to the management of the commission; for members, regarding the directions they are called to lead. »;
2° § 2, last paragraph, last sentence, is replaced by the following paragraph:
"The King shall, after consultation with the President and the members of the steering committee, fix the remuneration of the chair and members of the steering committee. The King may delegate this jurisdiction to the minister who has the energy in his duties. With the exception of the chair, the members of the steering committee have the same remuneration. Is considered to be included in the remuneration, in addition to remuneration in the strict sense, any benefit or other remuneration granted to the chair and to the members of the board's steering committee because or on the occasion of the exercise of their mandate, including a thirteenth month and group insurance. »;
3° to § 3, paragraph 1^eramended by the Acts of 16 July 2001, 20 March 2003 and 1^er June 2005, in the first sentence, the words "The steering committee is supervised by" and "who" are deleted;
4° § 3, paragraph 2, as amended by the Act of 20 March 2003, is replaced by the following paragraph:
"The General Council has a mission:
1° of initiative or at the request of the Minister, to define guidelines for the application of this Act and its enforcement orders;
2° to provide, within 40 days of receiving the management committee's request, a notice of any matter submitted to it by the steering committee; the steering committee may ask the General Council on a reasoned basis to issue this notice within shortened time frames for matters relating to notices requested under sections 19 and 32; to that end, special meetings of the General Council may be held; if it does not render its opinion in due course, this notice is considered to be favourable with respect to the positions adopted, if any, by the steering committee;
3° to be a discussion forum on the objectives and strategies of energy policy. "
Art. 135. In section 25 of the Act, the following amendments are made:
1° to § 1^er, as amended by the Act of 20 March 2003, the introductory sentence is replaced by the following:
« § 1^er. The Commission ' s services are organized in a Presidency and three branches. The three directions are as follows:
2° to the same § 1^er"1°" is repealed and "2°", "3°" and "4°" become "1°", "2°" and "3°";
3° to § 3, as amended by the Act of 12 August 2000, the words "by an overload applied on the tariffs referred to in Article 12" are replaced by the words "by the federal contribution referred to in Article 21bis";
4° to § 5, inserted by the Act of 20 March 2003, in paragraph 3, the words ", accompanied by a general policy note, prepared by the Steering Committee" are inserted between the words "submitted" and "for approval".
Art. 136. In article 26, § 2, of the same law, amended by the Act of 20 March 2003, the words "with competent authorities of the regions and others Member States of the European Union expressly provided for or authorized by regulations or directives issued by the institutions of the European Union" are replaced by the words "with the regulatory authorities for electricity and gas of the regions and other Member States of the European Union".
Art. 137. Article 29bis, § 1^er, 9°, of the same law, inserted by the law of 27 July 2005, the words "on administrative fines" are replaced by the words "to impose an administrative fine".
Section 4 - Entry into force
Art. 138. Articles 124, 133, 2° and 3°, 134 and 135, 1°, 2° and 4°, come into force on the date fixed by the King.
CHAPTER IV - Foreign trade
Art. 139. Article 2 of the Royal Decree of 30 May 1997 on the strengthening of the efficiency of instruments of financial support for export under Article 3, § 1^er, 1° and 6°, of the law of 26 July 1996 aimed at realizing the budgetary conditions of Belgium's participation in the European Economic and Monetary Union, as amended by the law of 24 December 2002, the sentence "This contest takes the form of an intervention in the interest charge relating to the financing of the payment deadlines and if necessary allows the granting of a complementary donation to maximum 50 % of the credit insurance premium" is replaced The contest of the State in the form of a gift or combination of the two can be brought to the realization of exports of Belgian goods and services. With regard to the donation, the transaction must also be in conformity with all the international agreements to which the other two interventions referred. "
PART VIII - Social Affairs and Public Health
CHAPTER I^er - Social affairs
Section 1^re - Family benefits
Art. 140. Section 48 of the Family Allowance for Employees Acts, coordinated on 19 December 1939, replaced by the Act of 11 July 2005, is amended as follows:
1° the following paragraph is inserted between paragraphs 1^er and 2:
"By derogation from paragraph 1^er, the granting of family allowances takes place on the first day of the month in which the right to family allowances is born if the following cumulative conditions are met:
1° during this month, no other right to family allowances may be granted in favour of the child under Belgian or foreign legal or regulatory provisions, or under the rules of the international social security conventions in force in Belgium or the rules applicable to the staff of an institution of public international law;
2° in the month preceding the month of the birth of the right under these Acts, a right to family allowances was granted to the child under the provisions and rules referred to in 1°. »;
2° in former paragraph 4, which became paragraph 5, the words "Paragraph 3" are replaced by the words "Paragraph 4".
Art. 141. In section 64 of the same Acts, replaced by Royal Decree No. 122 of 30 December 1982 and amended by Royal Decrees No. 207 of 13 September 1983 and No. 534 of 31 March 1987, the Act of 22 December 1989, the Royal Decree of 21 April 1997 and the laws of 22 February 1998, 12 August 2000, 24 December 2002 and 11 July 2005, are amended as follows:
1° it is inserted a § 2bis, written as follows:
“§ 2bis. Where there are several attributes with a residual right in favour of the same child under these Acts, the right to family allowances is fixed by priority in the head of the designated attribute according to the order set out in § 2, A, 2°, a) and b), unless a priority may be fixed on the basis of other provisions of these Acts. »;
2° in § 3, paragraph 2, the words "Article 48, paragraph 3" are replaced by the words "Article 48, paragraph 4".
Art. 142. Article 69, § 1^er, paragraph 5, of the same Acts, replaced by the Royal Decree of 21 April 1997, is replaced by the following paragraph:
"If the spouses or cohabitants, within the meaning of section 343 of the Civil Code, have adopted the child together, they designate the child to whom the adoption bonus is paid. In the event of a challenge or non-designation, the premium shall be paid to the applicant if the spouses or cohabitants are of different sex, or to the oldest of the spouses or cohabitants when they are of the same sex. "
Art. 143. In section 73quater of the same laws, restored by the law of 30 December 1992 and amended by the law of 12 August 2000, the royal decree of 11 December 2001 and the law of 24 December 2002, are made the following amendments:
1° § 1^erParagraph 1^er, 1°, is replaced by the following text:
"1° an application is filed before the competent court or, if not, an adoption act is signed: these documents express the will of the attribute or spouse to adopt a child";
2° § 1^er, paragraph 2, is replaced by the following paragraph:
"When the child is already a part of the opponent's household on the date of the filing of the request or, if the request is not filed, on the date of the signature of the act, the conditions referred to in paragraph 1^er, 2° and 4°, must be filled at that date. »;
3° § 1^er, paragraph 3, is replaced by the following paragraph:
"When the child is not yet a member of the opponent's household on the date of the filing of the request or, if the request is not filed, on the date of the signature of the act, the condition referred to in paragraph 1^er, 2°, must be completed on the date of the judgment arising out of the request or, in the absence of the request, on the date of the disposition of the act and at the time the child is actually part of the household of the opponent and the condition referred to in paragraph 1^er, 4°, must be filled at the time the child is actually part of the opponent's household. »;
4° § 2, paragraph 2, is replaced by the following paragraph:
"The amount of the adoption allowance granted for the adopted child is that of application on the date of the filing of the application or, failing that, on the date of the signature of the adoption act. However, if the child is not yet part of the opponent's household at that date, the amount of the adoption allowance is that of application at the date the child is actually part of that household. "
Art. 144. In section 120, paragraph 3, of the same laws, inserted by the Act of 30 December 1992 and amended by the Act of 8 April 2003, the words "the act of adoption has been signed. are replaced by the words "the request expressing the will for adoption has been filed before the competent court or, in the absence of the court, on the last day of the quarter in which the act of adoption has been signed; However, if the child is not yet a part of the opponent's household at that date, the above-mentioned period takes place on the last day of the quarter in which the child is actually a part of that household. "
Art. 145. Articles 140, 141, 2°, 142, 143 in 144 produce their effects on 1^er September 2005.
Section 141, 1°, comes into force on 1^er October 2006.
Section 2 - Improved recovery of social security contributions
Art. 146. Article 41ter, § 1^erof the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers, inserted by the Act of 3 July 2005, are amended as follows:
1° in the Dutch text, the words " die aanleiding kunnen geven" are replaced by the words " die aanleiding kan geven";
2° the words "owned by the debtor located in Belgium" are replaced by the words "located in Belgium where the debtor is the owner or owner of the debtor and in respect of the goods on which it has a right of usufruct, emphyteosis or surface".
Art. 147. In section 41quater of the Act, inserted by the Act of July 3, 2005, the following amendments are made:
1° § 1^er is replaced by the following provision:
« § 1^er. The notaries required to make an act for the disposition or mortgage of an immovable, ship or ship whose purpose, at the handing of the act, an employer, natural or legal person, is subject to an organization that collects social security contributions, or having been, is the owner, owner or in respect of which it has a right of usufruit, »;
2° § 7 is replaced by the following provision:
Ҥ 7. Public officials or departmental officials responsible for publicly selling furniture whose value reaches at least 250 euros are personally responsible for the payment of the sums due at the time of sale to the receiving bodies of the social security contributions by the employer, natural or legal person, concerned by the seizure, if they do not notify the receiving agency of the contributions, no later than 2 working days after the sale, using the telecommunication procedure
Public officials or departmental officers responsible for the distribution by contribution of the seized-and-arrested denarii, as defined in section 1627 of the Judicial Code, are personally responsible for the payment of the sums due to the receiving agency of the contributions by the debtor at the time of the distribution by contribution, if, before proceeding, they do not notify the receiving agency of the contributions by means of a procedure using the electronic data distribution procedure.
The notification of the amount of the amounts due by the receiving agency of the contributions, by means of a procedure using the computing or telematics techniques, no later than before the expiry of the twelfth business day following the date of shipment of the notice referred to in the preceding paragraphs, shall take place in the hands of public or ministerial officials referred to in paragraph 1^er.
The provisions set out in this paragraph shall apply to the judicial officer when he is informed of proposals for amicable sale of the debtor, in accordance with Article 1526 bis of the Judicial Code. »;
3° § 8 is replaced by the following provision:
"In cases where the notice is communicated by means of a procedure using the IT techniques, the date of shipment of the notices referred to in §§ 1^er, 2 and 7 means the date of the acknowledgement of receipt communicated by the Social Security Bank, after receipt by the latter of the acknowledgement of receipt from the receiving agency of social security contributions. »;
4° § 9 is replaced by the following provision:
“§ 9. The notices, information and notifications referred to in §§ 1^er, 2 and 7 shall be established in accordance with the models established by the King and communicated in accordance with the execution methods that He determines. It shall designate, where appropriate, the competent services to receive and transmit such notices, information and notifications.
When communicating the above notices, addressed to or from the receiving agency, the persons concerned are identified by means of the identification number referred to in section 8 of the Act of 15 January 1990 relating to the institution and organization of a Banque-Carrefour de la sécurité sociale or the identification number referred to in section 5 of the Act of 16 January 2003 establishing a Banque-Carre "
Art. 148. This section comes into force on the first day of the month following that in which this Act has been published in the Belgian Monitor.
Section 3 - Postnatal rest extension and AMI regulations
Art. 149. In section 114 of the Health Care Insurance Act and Coordinated Indemnities on July 14, 1994, the following paragraph is inserted between paragraphs 3 and 4:
"The nine-week postnatal rest period may, at the licensee's request, be extended by one week when the licensee has been unable to work throughout the six-week period prior to the actual date of delivery, or by eight weeks when a multiple birth is scheduled. "
Art. 150. This section comes into force on 1^er September 2006 and is applied to deliveries that take place from that date.
Section 4 - Extension of the Additional Social Status for Local Agents to Intercommunal Chairs and CPAS Association Chairs
Art. 151. In section 37quater of the Act of 29 June 1981 establishing the general principles of social security of employed workers, last amended by the Act of 24 December 2002, the following amendments are made:
1° to paragraph 1^er :
a. the words "intercommunal presidents, presidents of associations of social action centres referred to in chapter XII of the organic law of the public welfare centres of 8 July 1976" are inserted between the words "the presidents of social action centres" and "or their substitutes";
b. the words "intercommunal or association of social action centres" are inserted between the words "public social assistance centres" and "insurance schemes";
2° in paragraph 2, the words "intercommunal presidents, presidents of associations of social action centers referred to in chapter XII of the Organic Law of the Public Welfare Centres of 8 July 1976" are inserted between the words "the presidents of the social action centre" and "or their substitutes".
Art. 152. This section produces its effects on 1^er April 2001.
CHAPTER II - Animals, Plants and Food
Section 1^re - Amendment of the Royal Decree setting out the contributions referred to in section 4 of the Act of 9 December 2004 relating to the financing of the Federal Agency for the Safety of the Food Chain
Art. 153. In the Royal Decree of November 10, 2005, setting out the contributions referred to in section 4 of the Act of December 9, 2004 relating to the financing of the Federal Agency for the Safety of the Food Chain, an article 1 is inserted.^erbis, as follows:
“Art. 1^erbis. - This order does not apply:
1° to the operators referred to in Article 2, § 2, of the Royal Decree of January 16, 2006, setting out the terms of the approvals, authorizations and prior registrations issued by the Federal Agency for the Safety of the Food Chain;
2° to operators in the primary plant production sector who meet the following conditions:
a. the activity is not carried out as a principal professional or accessory;
b. this activity does not amount to more than 2,500 euros net per year (average to be calculated over a period of 3 years);
c. the operator owns the cultivated land;
d. income is produced by a maximum surface of 50 ares for potatoes and high stem fruit, or a maximum surface of 25 ares for low stem fruit, or a maximum surface of 10 ares for other plant products.
3° to operators in the animal primary production sector who do not exercise their activity as a principal professional or accessory, and who meet the following cumulative conditions:
a. for cattle: for all cattle who have been present in a herd in the course of the year preceding the contribution, the total number of days in which each bovine was individually present in that herd during that year cannot exceed 730;
b. for pigs: the place of establishment of the herd cannot include more than 3 places;
c. for poultry: the capacity of the poultry establishment site cannot exceed 200 heads;
d. for ovines, caprins, cervids and other small ruminants: the number of female animals over six months of December 15 of the year preceding the year on which the contribution is made cannot exceed 10;
e. for bees: the average number of bees colonies per year cannot exceed 24. "
Art. 154. The following amendments are made to section 2 of the same order:
1° it is inserted a § 1^erbis, as follows:
« § 1^erbis. - By derogation from § 1^erParagraph 1^er, pharmacies and wholesalers-retributors in pharmaceuticals are liable to the Agency for a flat annual contribution of 50 euros.
This contribution will be paid to the General Directorate Medicines of the Federal Public Service Public Health, Food Chain and Environment Safety, from the entry into force of the protocol to intervene between the Agency and this Federal Public Service regarding the exercise of controls by this Federal Public Service in pharmacies and wholesalers-reparters in pharmaceuticals. »;
2° § 2 is replaced by the following provision:
Ҥ2. Retail operators whose turnover of the activity under the Agency's jurisdiction is less than 50% of the total turnover and whose activity in question is solely the sale to the end-user of packaged beverages and/or pre-packaged foodstuffs of at least three months at room temperature are liable only 33% of the lump sum contribution. "
Art. 155. Article 3 of the same order is supplemented by the following paragraphs:
"The retail sector operators whose turnover of the activity under the Agency's jurisdiction is less than 50% of the total turnover and whose activity in question consists solely of the sale to the final consumer of packaged beverages and/or prepackaged foodstuffs of a conservation period of at least three months at room temperature are liable only 33% of the variable contribution to the sector.
Pharmaceuticals and wholesalers-retributors in pharmaceuticals are not liable for any variable contribution. "
Art. 156. In section 5 of the same order, paragraph 2 is repealed.
Art. 157. In Appendix 8 of the same order, the table is replaced by the following table:
For the consultation of the table, see image
Section 2 - Confirmation of the Royal Decree setting out the contributions referred to in section 4 of the Act of 9 December 2004 relating to the financing of the Federal Agency for the Safety of the Food Chain
Art. 158. With the exception of section 14, the Royal Decree of November 10, 2005 setting out the contributions referred to in section 4 of the Act of December 9, 2004 relating to the financing of the Federal Agency for the Safety of the Food Chain is confirmed with effect to 1^er January 2006, date of its entry into force.
Section 3 - Amendment of the Mortgage Act of 16 December 1851
Art. 159. Section 19 of the Mortgage Act of 16 December 1851 is supplemented as follows:
"6°: the claims of the Fund for the Health and Quality of Animals and Animals for the payment of mandatory contributions pursuant to the Act of March 23, 1998 on the establishment of a Budget Fund for the Health and Quality of Animals and Animals and the Budget Fund for the Production and Protection of Plants and Plants for the payment of mandatory contributions pursuant to the Act of March 17, 1993 on the creation of a Plant Products Fund "
Section 4 - Confirmation of the Royal Decree of October 31, 2005 amending the Royal Decree of July 8, 2004 on mandatory contributions to the Health and Quality of Animals and Animals Fund, based on the health risks associated with cattle holding operations
Art. 160. The Royal Decree of 31 October 2005 amending the Royal Decree of 8 July 2004 on mandatory contributions to the Health and Quality of Animals and Animals Fund, based on the health risks associated with cattle holding operations, is confirmed with effect on 1^er January 2005, date of its entry into force.
Section 5 - Confirmation of the Royal Decree of 31 October 2005 amending the Royal Decree of 21 December 1999 on mandatory contributions to the Health and Quality of Animals and Animals Fund established on the basis of health risks associated with the farms in which pigs are held
Art. 161. The Royal Decree of 31 October 2005 amending the Royal Decree of 21 December 1999 on mandatory contributions to the Health and Quality of Animals and Animals Fund established on the basis of sanitary risks associated with the farms in which pigs are held, is confirmed with effect on 1^er January 2005, date of its entry into force.
Section 6 Amendment of the Health of Animals Act of March 24, 1987
Art. 162. Article 1^er of the Act of 24 March 1987 on the Health of Animals, as amended by the Royal Decree of 22 February 2001, are amended as follows:
1° point 9 is replaced by the following text:
"9 Minister: Minister who has public health in his duties; »;
2° in point 10, the words "Ministry of Agriculture" are replaced by the word "PFS";
3° it is added a point 11, written as follows:
« 11. SPF: Federal Public Service Public Health, Food Chain Safety and Environment."
Art. 163. Section 17 of the Act is supplemented by the following section:
"It may designate associations, approved under section 3, or other organizations, approved by the Minister, as beneficiaries of these royalties and charge them with their perception. It sets out the conditions that these organizations must meet to be approved by the Minister. "
Art. 164. In section 20, paragraph 1^erof the same law, the words "by officials and agents of the Ministry of Average Classes and Agriculture, appointed by the Minister who has the agriculture in his or her duties, by the certified veterinary physicians appointed by the Minister, by the agents of the Administration of Customs and Accises, by the veterinarians of the Institute of Veterinary Expertise in the course of their missions in abattoir, as well as
TITRE IX - Average Classes
CHAPTER I^er - Increased recovery of social security contributions from independent workers
Art. 165. The following amendments are made to article 16bis of Royal Decree No. 38 of 27 July 1967, which organizes the social status of independent workers, inserted by the law of 20 July 2005 and amended by the law of 27 December 2005:
1° in § 1^er, the words "owned by the debtor" are replaced by the words "whose debtor is the owner and in respect of the property on which he has a right of usufruct, emphytiness or surface";
2° in § 4, the words "of Article 1^er are replaced by the words “of § 1^er "
Art. 166. Section 23ter of the same order, inserted by the Act of 20 July 2005 and amended by the Act of 27 December 2005, are amended as follows:
1° in the French version, the words "technical techniques of computing and telematics" are replaced by, the words "technical techniques of computing or telematics"
2° § 1^er, paragraph 3, is replaced by the following paragraph:
"In cases where the notice is communicated by means of a procedure using the IT techniques, the date of shipment of the notice is that of the acknowledgement of receipt communicated by the Banque-carrefour de la sécurité sociale, after it receives the acknowledgement of receipt from the competent social security institutions receiving the notice. »;
3° § 8 is replaced as follows:
Ҥ 8. Public officials or departmental officials responsible for publicly selling furniture whose value reaches at least 250 euros are personally responsible for the payment of the amounts due at the time of sale to the receiving agency of the contributions by the debtor concerned by the seizure, if they do not notify the receiving agency of the contributions, no later than two working days after the sale, by means of a procedure using the telematics techniques.
Public officials or departmental officers responsible for the distribution by contribution of the seized-and-arrested denarii, as defined in section 1627 of the Judicial Code, are personally responsible for the payment of the sums due to the receiving agency of the contributions by the debtor at the time of the distribution by contribution, if, before proceeding, they do not notify the receiving agency of the contributions by means of a procedure using the electronic data distribution procedure.
In cases where the notice is communicated by means of a procedure using the IT techniques, the date of shipment of the notice is that of the acknowledgement of receipt communicated by the Banque-carrefour de la sécurité sociale, after it receives the acknowledgement of receipt from the competent social security institutions receiving the notice.
The notification of the amount of the amounts due by the receiving agency of the contributions, by means of a procedure using the computing or telematics techniques, no later than before the expiry of the twelfth business day following the date of shipment of the notice referred to in the preceding paragraphs, shall take place in the hands of public or ministerial officials referred to in paragraph 1^er.
This paragraph is applicable to the judicial officer when he is informed of the proposals for amicable sale of the debtor in accordance with Article 1526bis of the Judicial Code. »;
4° in § 9, paragraph 2, the words "receivers" are replaced by the words "receiving agency(s)" and the words "responsibility of these organizations" are replaced by the words "religence of the organizations referred to in paragraph 1^er »;
5° in § 10, paragraph 1^erthe words "the competent official" are replaced by the words "the receiving agency(s) of the relevant contributions";
6° in § 11, paragraph 1^er, the words ", if any," are inserted between the words "designate" and "competent services".
Art. 167. Section 93 of the Act of 30 December 1992 on social and other provisions is replaced by the following provision:
"Art. 93. - A 1% increase per calendar month of late payment is applied to the portion of the contributions that were not paid in time.
This increase is applied up to and including the month in which either the corporation paid the dues contribution, or a legal proceeding was initiated, or the credit union to which the affiliate has made it signify the constraint containing command to pay the dues contribution."
Art. 168. Section 6 of the Act of 13 July 2005 on the establishment of an annual dependant assessment of certain organizations is replaced by the following provision:
“Art. 6. - An increase of one percent per calendar month of late payment is applied to the portion of the contributions that has not been paid in time.
This increase is applied up to and including the month in which either the organization paid the dues contribution, or a judicial procedure was initiated by the leader of this delay, or the National Institute of Social Insurance for Independent Workers has made the agency signify the constraint containing command to pay the dues contribution."
CHAPTER II - Amendments to Articles 2 and 9 of the Act of 20 February 1939 on the protection of title and the profession of architect
Art. 169. In Article 2, § 2, 4°, of the Act of 20 February 1939 on the protection of title and the profession of architect, repealed by the law of 18 February 1977 and restored by the law of 15 February 2006, the words "67%" are replaced by the words "60%".
Art. 170. In section 9, paragraph 2, of the Act, repealed by the Act of 26 June 1963 and reinstated by the Act of 15 February 2006, the words "the amount of the potential franchise" are deleted.
Art. 171. This chapter comes into force at the same time as the Act of February 15, 2006 on the exercise of the architectural profession as part of a legal entity.
CHAPTER III - Amendment of the Act of 25 June 1993 on the Exercise and Organization of Ambient and Foraine Activities
Art. 172. Section 3 of the Act of 25 June 1993 on the Exercise and Organization of Ambient and Foraine Activities, as amended by the Act of 4 July 2005, is amended as follows:
1st paragraph 1^er is replaced by the following provision:
"The exercise of ambulant or foraine activities is subject to prior authorization. It is issued by a business window referred to in the Act January 16, 2003, creating a Business Bank-Carrefour, modernizing the business register, creating approved business windows and carrying various provisions. »;
2° in the last paragraph, the words "the Minister of Average Class" are replaced by the words "the business window";
3° between paragraph 4 and the last paragraph shall be inserted a paragraph as follows:
"The King determines the retribution of business windows for their intervention in the management of requests for authorizations for ambulant activities and authorizations of foraine activities. "
Art. 173. In section 7 of the Act, amended by the Act of 4 July 2005, the words "taxes" are replaced by the words "taxes".
Art. 174. This chapter comes into force at the same time as the Act of July 4, 2005 amending the Act of June 25, 1993 on the Exercise of Ambient Activities and the Organization of Public Procurement.
CHAPTER IV - Amendments to the Act of 11 May 2003 creating federal councils of geometers-experts
Art. 175. In section 2, paragraph 5, of the law of May 11, 2003, creating federal councils of geometers-experts, the words "and the amount of flat fees allocated to assessors" are inserted between the word "public servants" and the word "are".
Art. 176. In section 5, paragraph 8, of the Act, the words "as well as the amount of flat fees allocated to assessors" are inserted between the word "public servants" and the word "are".
CHAPTER V - Amendment of the Act of 11 May 2003 protecting the title and occupation of geometer-expert
Art. 177. In the Act of 11 May 2003 protecting the title and occupation of geometer-expert, Article 2, 1°, d) is replaced by the following provision:
"(d) a graduate degree "geometer-expert real estate", supplemented by a certificate of success of the integrated test delivering the titles of geometer-expert real estate, or a graduate degree in construction, real estate option, as long as the diploma supplement or a certificate from the higher institute issuing the diploma mentions the "measurement" choice. "
CHAPTER VI - Amendments to the Act of January 16, 2003 establishing a Bank-Carrefour des Entreprises, modernization of the trade register, creation of registered business windows and various provisions
Art. 178. In Article 34, paragraph 3, of the Act of 16 January 2003 establishing a Bank-Carrefour des Entreprises, modernization of the register of trade, creation of approved business windows and carrying various provisions, the words "10 euros" are each replaced by the words "0.5 euros".
Art. 179. Article 57, § 1^er of the same law, it is added a paragraph 2, which reads as follows:
"The King may, by an order, deliberately in the Council of Ministers, in accordance with the terms set by him, diminish the remuneration referred to in § 1^er to stimulate the quality of service rendered. "
CHAPTER VII - Amendment of the Framework Law of 1^er March 1976 regulating the protection of professional title and the exercise of intellectual professions service providers
Art. 180. Articles 1^er and 2 of the Framework Law^er March 1976 regulating the protection of the professional title and the exercise of the intellectual professions service providers, the words "Superior Council of the Average Classes" are each replaced by the words "Superior Council of Independents and Small and Medium Enterprises".
Art. 181. Article 1^er, paragraph 2, of the Act, as amended by the Act of 10 February 1998, the words "at regular intervals and at least every seven years" are deleted.
Art. 182. In section 6 of the Act, as amended by the Acts of 15 July 1985 and 10 February 1998, the following amendments are made:
1° § 3, paragraph 2, is replaced by the following provision:
"Without prejudice to Article 8, § 5, their actual and alternate members shall be elected for four years by the persons registered in the holders' table. "
2° to § 4, paragraph 1^er, 2°, the words "and interns" are replaced by the words ", interns and persons established abroad who have been authorized by the Chamber to occasionally practise the profession,"
3° § 4, paragraph 1^er, is completed as follows:
"3° the costs set by the Board for the processing of administrative records;
4° the penalties for delay in payment of contributions set by the Commission;
5° income of furniture or real estate belonging to the Institute. »;
4° to § 4, paragraph 2, the words ", file fees and payment delay penalties" are inserted between the word "assessments" and the word "are".
CHAPTER VIII - Amendment of the Act of 8 November 1993 protecting the title of psychologist
Art. 183. The first sentence of Article 6 of the Act of 8 November 1993 protecting the title of psychologist is supplemented as follows:
"and the presidents, vice-presidents and judges, number or fee, of the courts of first instance, excluding the investigating judges, as well as among the honorary magistrates of the prosecutor's office of these courts or lawyers registered for at least ten years at a table of the Order of the French- and German-speaking Bars or the Orde van Vlaamse Balies".
TITRE X - Development cooperation
CHAPTER I^er - Amendment of the Act of 25 May 1999 on Belgian international cooperation
Art. 184. In Article 10 of the Act of 25 May 1999 on Belgian international cooperation, the word "selected" is replaced by the word "approved".
CHAPTER II - Amendment of the Act of 21 December 1998 establishing "Belgian technical cooperation" in the form of a public law society
Art. 185. Article 2, 17°, of the Act of 21 December 1998 establishing the "Belgian Technical Cooperation" in the form of a public law society, is replaced by the following provision:
"financial cooperation": an initiative agreed between the Belgian State and the partner country, by which a financial contribution to the partner country is provided that can take the form of cash donations, loans and credit lines, guarantees, contributions to reduce the burden of interest, budgetary aid, debt relief or balance of payments assistance. "
Art. 186. In Article 5, § 2, 1 and 2°, of the same law, the words "material execution" are replaced by the word "execution".
Art. 187. In section 7 of the Act, the following paragraph shall be inserted between paragraphs 1^er and 2:
"In addition to the tasks referred to in Articles 5 and 6, the CTB will be able to carry out the tasks entrusted to it by any legal entity of foreign or international public law, including the preparation, guidance, notification, prospecting and execution of programs, projects and development interventions in countries other than partner countries, provided that these tasks are consistent with the performance of the public service tasks referred to in Articles 5 and 6 and "
Art. 188. In Article 15, § 2, 4°, of the same Act, as amended by the Act of 30 December 2001, the words "as well as the principles governing tariffs and billing for the performance of these public service tasks" are replaced by the words "as well as the principles governing tariffs and/or the envelope of financing for the execution of these public service tasks".
Art. 189. Article 29, § 4, of the same law, is repealed.
PART XI - Social integration
CHAPTER I^er - Amendment of the law of 26 May 2002 concerning the right to social integration
Art. 190. Article 21, § 6, of the Law of 26 May 2002 concerning the right to social integration, is supplemented by the following paragraph:
"If the decision fails to be communicated within the required time limit, the centre shall be deprived of the right to recover expenses for the period between the forty-fifth day after the end of the month in which the decision was made and the day on which the decision was communicated. The King may derogate from this provision in exceptional and collective circumstances. This paragraph concerns decisions taken from 1^er October 2006. "
CHAPTER II - Amendment of the Act of 8 July 1976 of the Public Social Action Centres
Art. 191. Section 71, paragraph 3, of the Act of 8 July 1976, which is an organic part of public social action centres, is replaced by the following paragraph:
"The appeal must be filed within three months of notification of the decision, either of the date of the acknowledgement of receipt, or of the expiry date of the period provided for in the preceding paragraph. "
PART XII - Pensions
CHAPTER I^er - Guarantee of income to older persons
Art. 192. In Article 10, paragraph 1^er, of the Act of 22 March 2001 establishing the guarantee of income to the elderly, the words "from the ten-year period which, as the case may be, precedes the age referred to in section 3 or 17" are replaced by the words "in the ten years preceding the date on which the application produces its effects".
Art. 193. Section 192 produces its effects on 1^er June 2001.
CHAPTER II - Transfer of pension rights to community institutions
Art. 194. In Article 9 of the Act of 21 May 1991 establishing certain relations between Belgian pension plans and those of institutions of public international law, the words "who leaves the institution without being able to benefit from a pension of seniority" are inserted between the words "the grievor" and the words "can, with the agreement of the institution,".
Art. 195. Section 194 produces its effects on 1^er May 2004.
CHAPTER III - Colonial and overseas social security
Section 1^re - Amendment of the law of 16 June 1960 placing under the guarantee of the Belgian State the bodies managing the social security of the employees of the Belgian Congo and the Ruanda-Urundi and guaranteeing by the Belgian State social benefits insured in favour of them
Art. 196. Article 3 of the law of June 16, 1960, placing under the guarantee of the Belgian State the bodies managing the social security of the employees of the Belgian Congo and the Ruanda-Urundi and guaranteeing by the Belgian State the social benefits insured for them, as amended by the law of February 11, 1976, whose current text will form § 1^er, is supplemented by § 2 and § 3, as follows:
“§2. From 1^er January 2007, an annuity or survival allowance is payable to the surviving spouse upon death of an insured person who benefits from the benefits referred to in § 1^erParagraph 1^er, (a), (b) or (d), or who could claim it.
The allowances referred to in § 1^erparagraphs 2 and 3 are assigned to the surviving spouse.
The period of one year of marriage, contracted after the date of entry to the old age pension, is not required if one of the following conditions is met:
1° a child was born of marriage;
2° at the time of death a child is dependent on whom the spouse or wife received family allowances;
3° death is due to an accident after the date of marriage.
If a posthumous child is born within three hundred days of death, the surviving pension takes place, provided that the application is filed within twelve months of birth on the day of death.
Where there is an age difference between the insured and the surviving spouse and one of the two has not reached the age of 65, the rate of annuity or allowance shall be amended in accordance with the rates and scales set out in the regulatory provisions referred to in section 9.
§ 3. The declaration of absence in accordance with the Civil Code is proof of death. The absent spouse is presumed to have died as of the date on which the judicial decision to declare absence is cast into force. "
Art. 197. In section 3bis, inserted in the same Act by the Act of 16 February 1970 and amended by the Act of 11 February 1976, the following amendments are made:
1° § 2, paragraph 2, is supplemented as follows:
"The period that resulted in the payment of a supplementary retirement allowance referred to in section 3decies is not considered for the determination of the twenty-year period of service and leave. »;
2° in § 2, paragraph 4, the words "Articles 3, paragraph 1^er, c) are replaced by the words "Articles 3, § 1^erParagraph 1^er, c."
Art. 198. In section 3ter, inserted in the same law by the Act of 16 February 1970 and amended by the Act of 11 February 1976, the following amendments are made:
1° it is inserted a § 1^erbis, as follows:
« § 1^erbis. From 1^er January 2007, the supplement referred to in § 1^er is assigned to the surviving spouse on the death of an insured person who benefits from the benefits referred to in Article 3, § 1^erParagraph 1^er, (a), (b) or (d), or who could claim it. In case of remarriation the supplement is diminished in the same way as set out in § 1^erParagraphs 1^er, 2 and 3. »;
2° in § 2, the following paragraph shall be inserted between paragraphs 3 and 4:
"The period that gave rise to the payment of a supplementary survival allowance referred to in section 3decies shall not be considered for the determination of the twenty-year period referred to in paragraphs 2 and 3. »;
3° it is supplemented by § 3, written as follows:
“§3. From 1^er January 2007, the periods of illness or disability that give rise to the granting of a supplementary pension allowance in accordance with Article 3bis, § 2, shall be taken into consideration for the granting of a supplementary dependant allowance from the Solidarity and Equalization Fund to the surviving spouse in the event of death of an insured person. This allowance is calculated according to the provisions of § 2. "
Art. 199. Article 3sexies, inserted in the same law by the law of 11 February 1976, whose current text will form § 1^er, is supplemented by § 2, which reads as follows:
“§2. From 1^er January 2007, the supplement referred to in § 1^er is assigned to the surviving spouse in the event of death of an insured person under the conditions set out in § 1^erparagraphs 3 to 7. "
Art. 200. Article 3septics, inserted in the same law by the law of 11 February 1976, is supplemented by § 4, which reads as follows:
“§4. From 1^er January 2007, the annual supplementary annuity referred to in § 3, paragraph 3, shall be attributed to the surviving spouse in the event of death of an insured person. The provisions of § 2, paragraph 2, shall apply to the surviving spouse. The period that resulted in the payment of a survival pension referred to in paragraph 1^er, is not taken into consideration for the determination of the total duration of the periods that are on-line for the calculation of the basic pension for the calculation of the survival pension. "
Art. 201. In Article 3octies, § 1^erParagraph 1^er, inserted in the same law by the law of 11 February 1976 and replaced by the law of 27 May 1983, the words "or widow" are replaced by the words "or survival".
Art. 202. The following amendments are made to section 3nonies, inserted in the Act of 27 May 1983 and amended by the Act of 20 July 1990 and by the Act of 9 July 2004:
1° § 1^erParagraphs 1^er and 2, is replaced as follows:
« § 1^er. From 1^er January 2007, a pension to a divorced spouse of an insured person who has been subject to the pension plan of employees of the Belgian Congo and Ruanda-Urundi is awarded to the Solidarity and Equalization Fund, if he has not been deprived of parental authority or convicted for having committed to the life of the spouse. The pension referred to above is no longer liquidated during a new marriage. »;
2° § 1^erParagraph 3, paragraph 1, is supplemented as follows:
"and to nationals of a non-member State of the European Economic Area, which, pursuant to European Regulation 859/2003, may apply to the provisions of European regulations 1408/71 and 574/72 on social security; »;
3° in § 1^er, paragraph 3, 5°, the words "ex-wives" are replaced by the words "ex-spouses";
4° in § 2, paragraph 1^er, the words "divorced wife" are replaced by the words "divorced spouse";
5° in § 2, paragraph 2, the words "in the course of which the interested party" and the words "in the course of which it" are replaced by the words "in the course of which the interested person" and the words "55 years" are replaced by the words "65 years";
6° § 2, paragraph 3, is replaced by the following paragraph:
"When, at the time of divorce, a person aged 65 or over was entitled to a portion of the insured's pension, the right to a divorced spouse's pension is considered ex officio. In this case the divorced spouse's pension takes place the day after the day the divorce results in its effects on third parties. »;
7° § 3, paragraph 1^er, is replaced by the following paragraph:
“§3. The amount of the pension referred to in § 1^er is equal to 56.25 per cent of the pension plan for the insured under this Act, corresponding to the periods included in the marriage period. However, where persons referred to in § 1^er were the spouse of an insured person of nationality other than that of a Member State of the European Economic Area or the Swiss Confederation, the pension to be taken into consideration is that which would have been acquired, under the same age conditions and contributions, in favour of an insured person of Belgian nationality. »;
8° in § 3, the following paragraph shall be inserted between paragraphs 1^er and 2:
"The divorced spouse's pension is recalculated when the insured's pension is increased or could be increased under the provisions of section 10bis. »;
9° in § 3, former paragraph 2, now paragraph 3, the words "of the former spouse" are replaced by the words "of the insured" and the words "55 years" are replaced by the words "65 years";
10° in § 4, paragraph 1^er, the words "the divorced wife" are replaced by the words "the divorced spouse".
Art. 203. An article 3decies, as follows, is inserted in the same law:
"Art. 3decies. - The King sets out the conditions under which the periods of militia bonds performed in the Belgian army are taken into consideration for the award of a supplementary pension and survival allowance to the Solidarity and Equalization Fund, to persons receiving pension under this Act.
It determines the amount of the allocation and the method of financing. This allowance may be granted only if the person concerned does not benefit for the same period of a pension in another pension and survival plan.
The period that resulted in the payment of a retirement or survival allowance referred to in paragraph 1^er, is not taken into consideration for the determination of the total duration of the periods that are on-line for the calculation of the basic pension for the calculation of the survival pension. "
Art. 204. In section 8bis, inserted in the same Act by the Act of 11 February 1976 and replaced by the Programme Act of 9 July 2004, the following amendments are made:
1° § 3 is completed as follows:
"5° nationals of a non-member State of the European Economic Area which, pursuant to European Regulation 859/2003, may claim the provisions of European regulations 1408/71 and 574/72 in the field of social security. »;
2° in § 4, paragraph 1^erthe words "or nationals referred to in § 3, 5°" are inserted between the words "European Economic Area" and "resident on".
Art. 205. In article 10 of the same law the words "in Belgian francs" are replaced by the words "in euros".
Art. 206. Section 10bis, inserted in the same Act by the Act of 11 February 1976, is replaced by the following provision:
"Art. 10bis. - Supplements provided for in articles 3bis, § 1^er, and 3ter, § 1^er and § 1^erbis, the supplementary pension and survival allowances provided for in articles 3bis, § 2, and 3ter, § 2 and § 3, as well as the minima of retirement and survival pension provided for in articles 3quinquies and 3sexies are reassessed under the conditions and conditions fixed by royal decree deliberated in the Council of Ministers. "
Art. 207. In section 11 of the Act, amended by the Acts of 16 February 1970, 22 February 1971 and 11 February 1976, the following amendments are made:
1° in § 1^erParagraph 3 is replaced by:
"For the purposes of the Act of 2 August 1971, the amounts of benefits, the minima and maxima are attached to the pevot index 103.14 (base 1996 = 100). »;
2° in § 1^era new sub-item shall be inserted between the third and fourth preambular paragraph, which reads as follows:
"The King may amend, by order deliberately in the Council of Ministers, the indexing mechanism referred to in the preceding paragraph. »;
3° it is inserted a § 2bis, written as follows:
Ҥ 2bis. The amount of the allowance provided for in Article 3decies is adapted to the Consumer Price Index.
The King may amend, by order deliberately in the Council of Ministers, the indexing mechanism referred to in the preceding paragraph. »;
4° it is inserted a § 4, written as follows:
“§4. The decrees taken in execution of § 1^er and § 2bis shall cease to be in force at the end of the twelfth month following the date of their entry into force if they have not been confirmed by the law at the expiry of that period. "
Art. 208. In section 18ter, paragraph 1^er, inserted in the same law by the law of 16 February 1970, replaced by the laws of 22 February 1971 and 11 February 1976 and amended by the law of 9 July 2004, the words "Article 3, paragraphs 2 and 3" are replaced by the words "Article 3, § 1^erparagraphs 2 and 3, in § 2, paragraph 2.
Art. 209. In the provisions of the Act the amounts expressed in franc and in the second column of the following table are replaced by the amounts expressed in euro in the third column of the same table. The latter amount is attached to the pevot index 103.14 (base 1996 = 100).
For the consultation of the table, see image
Section 2 - Amendment of the Overseas Social Security Act of 17 July 1963
Art. 210. In Article 11, § 1^er, paragraph 2, 2°, of the law of 17 July 1963 on overseas social security, repealed by the law of 21 December 1994 and restored by the law of 29 April 1996, the words "of articles 3, paragraph 1^er, c)," are replaced by the words "Articles 3, § 1^erParagraph 1^er, c),".
Art. 211. In section 15 of the Act, amended by the Acts of 16 February 1970 and 21 December 1994, the following amendments are made:
1° to paragraph 1^erthe words "in Belgian francs" are replaced by the words "in euros";
2° to paragraph 2, the words "assuming that the minimum monthly contribution cannot be less than 1,500 francs and the maximum monthly contribution greater than 10,000 francs" are deleted;
3° it is inserted a paragraph 3, which reads as follows:
"The orders made pursuant to paragraph 2 shall cease to be in force at the end of the twelfth month following the date of entry into force if they have not been confirmed by law at the expiry of that period. "
Art. 212. In article 17, paragraph 1^er, a), of the same law, as amended by the laws of 16 February 1970 and 27 May 1983, the words "retirement and widow pensions" are replaced by the words "retirement and survival pensions".
Art. 213. In Article 18, § 1^erthe same Act, as amended by the Acts of 16 February 1970, 22 February 1971, 20 July 1990 and 21 December 1994 and by the Act of 9 July 2004, the following amendments are made:
1° to paragraph 1^er, (a) and (b), the words "retirement and widow pensions" are replaced by the words "retirement and survival pensions";
2° to paragraph 2, the words "assuming that the minimum monthly contribution cannot be less than 1,200 francs and the maximum monthly contribution greater than 10,000 francs" are deleted;
3° it is inserted a paragraph 3, which reads as follows:
"The orders made pursuant to paragraph 2 shall cease to be in force at the end of the twelfth month following the date of entry into force if they have not been confirmed by law at the expiry of that period. "
Art. 214. Section 19, paragraph 2, of the Act, replaced by the Act of 11 February 1976, is replaced by the following paragraph:
"For the purposes of the said Act of 2 August 1971, these amounts are attached to the pevot index 103.14 (base 1996 = 100). "
Art. 215. Section 20 of the Act is replaced by the following provision:
"Art. 20. - From 1^er January 2007, the insured person is entitled to a life pension under the following conditions.
The amount of the annuity is fixed at a rate approved by the King.
The pension takes place at age 65.
The age set above may be reduced by five years in accordance with a scale approved by the King.
In the case of entry to enjoyment on a date after 65 years, the annuity may be increased under the conditions fixed by the King, in accordance with a scale approved by him.
The date on which the annuity is entered shall not be earlier than the date on which the insured ceases to participate in the insurance.
Payment of the annuity is suspended in full when the beneficiary participates again in insurance. The annuity, increased in accordance with the rules established by the King, is again paid when the insured ceases to participate in the insurance. "
Art. 216. The title of chapter III, section 2, of the Act is replaced by the following title:
“Section 2. Survival annuity."
Art. 217. In section 21 of the Act, as amended by the Act of 16 February 1970, the following amendments are made:
1° § 1^erParagraph 1^er, is replaced by the following paragraph:
"The surviving spouse of the insured person has a life annuity, provided that the marriage has been contracted before the annuity provided for in section 20. »;
2° in § 1^er, paragraphs 2 and 3, the words "the wife" and " widow's pension" are replaced by the words "the surviving spouse" and "surviving spouse" respectively;
3° § 2 is replaced by the following provision:
Ҥ2. When the insured person is single, widowed or divorced, the insured capital for the formation of the survival pension is paid to the Solidarity and Equalization Fund.
When an insured person has contracted marriage after his or her retirement pension is granted, the surviving spouse has an annuity, provided that the death has not occurred in the year following the marriage. If the surviving spouse is at the same age as the insured, the pension rate is 60% of the annuity provided for in section 20. The survival annuity is the responsibility of the Solidarity and Equalization Fund.
However, the length of one year of marriage is not required if one of the following conditions is met:
- a child was born from marriage;
- at the time of death a dependent child for whom the spouse or wife received family allowances;
- death is due to an accident after the date of marriage.
If a posthumous child is born within three hundred days of death, the surviving pension takes place on the day of death, provided that the application is filed within twelve months of birth. »;
4° § 3 is replaced by the following provision:
“§3. When there is an age difference between the insured and the surviving spouse and one of the two has not reached the age of 65, the pension rate is changed in accordance with a scale approved by the King. »;
5° it is added a § 4, as follows:
Ҥ4. The declaration of absence in accordance with the Civil Code is proof of death. The absent spouse is presumed to have died as of the date on which the judicial decision to declare absence is cast into force. "
Art. 218. In section 22 of the Act, as amended by the Act of 22 February 1971, the following amendments are made:
1° in the opening sentence, the words "widow annuity" are replaced by the words "survival annuity";
2° 1° is replaced by the following provision:
"1° if the insured had reached the age of 65, the theoretical annuity is equal to the pension annuity that the insured had acquired on the date of death. »;
3° in the 2°, introductory sentence, the words "55 years" are replaced by the words "65 years";
4° in 2°, (a), paragraph 1^erthe words "55 years" are replaced by the words "65 years" and the words "where the insured had reached the age of retirement" are replaced by the words "where the insured had reached the age of 65 years";
5° in 2°, b), the words "55 years" are replaced by the words "65 years".
Art. 219. Article 22bis, paragraph 1^er, inserted in the same Act by the Act of 22 February 1971, is replaced by the following paragraph:
"The surviving spouse of an insured person referred to in section 20bis, who is himself of a nationality other than that referred to in section 51, 1° to 4°, obtains a supplementary annuity representing a quotity of the surviving annuity of which he/she benefits, equal to that which the insured person may have obtained, provided that he/she has not benefited and renounces the benefits provided for in this Act in his/herself "
Art. 220. The title of Chapter III, section 2bis, inserted in the same Act by the Act of 11 February 1976, is replaced by the following title:
"Section 2bis. Additional retirement and survival allowance."
Art. 221. In section 22ter, inserted in the same law by the law of 11 February 1976, the following amendments are made:
1° § 1^er is replaced by the following provision:
« § 1^er. The periods in which the insured person obtained payment of the allowance referred to in section 35, § 1^er, may give rise to a supplementary pension allowance calculated in accordance with the provisions of § 3.
Periods prior to 65^e the anniversary of the beneficiary, or the date on which the retirement pension is granted under the provisions of section 20, paragraph 4, to the extent that the duration of the insurance participation periods is less than twenty years.
The periods defined in paragraph 2 shall be taken into consideration for the granting of benefits under sections 26, 42, 45 and 65.
The supplementary allowance is allocated from the date on which the pension is paid. »;
2° § 2, paragraph 1^er, is replaced by the following paragraph:
"The periods of illness or disability that may result in the granting of a supplementary pension allowance in accordance with § 1^er are taken into consideration for the granting of a supplementary survival allowance calculated in accordance with § 3. »;
3° in § 2, paragraph 2, the words "widow annuity" are replaced by the words "survival annuity";
4° in § 2, paragraph 3, the words "55 years" are replaced by the words "65 years";
5° § 2, paragraph 4, is replaced by the following paragraph:
"When the surviving spouse remarries, the supplementary allowance is suspended for the duration of the new marriage. "
Art. 222. Article 22quinquies, § 1^er, inserted in the same law by the law of 11 February 1976 and replaced by the law of 27 May 1983, is replaced by the following provision:
« § 1^er. An annual holiday toll and a supplementary holiday toll are allocated to the Solidarity and Equalization Fund to the beneficiaries of a pension or survival pension provided for in this Act, which meet the following conditions:
(a) not to enjoy a pension guaranteed by the law of 16 June 1960 placing under the guarantee of the Belgian State the bodies managing the social security of the employees of the Belgian Congo and the Ruanda Urundi and guaranteeing social benefits guaranteed by the Belgian State in favour of them;
(b) have effectively benefited from the pension or pension for the month of May of the current year. "
Art. 223. In section 22sexies, inserted in the same Act by the Act of 20 July 1990 and amended by the Programme Act of 9 July 2004, the following amendments are made:
1° § 1^erParagraphs 1^er and 2, is replaced as follows:
« § 1^er. A pension to a divorced spouse of an insured person who has participated in the insurance provided for in this Act has been awarded to the Solidarity and Equalization Fund, if he or she has not been deprived of parental authority or convicted for having committed to the life of the spouse. The pension referred to above is no longer liquidated during a new marriage. »;
2° § 1^erParagraph 3, paragraph 1, is supplemented as follows:
"and to nationals of a non-member State of the European Economic Area, which, pursuant to European Regulation 859/2003, may apply to the provisions of European regulations 1408/71 and 574/72 on social security. »;
3° in § 1^er, paragraph 3, 5°, the words "ex-wives" are replaced by the words "ex-spouses";
4° in § 2, paragraph 1^erthe words "the divorced wife" are replaced by the words "the divorced spouse";
5° in § 2, paragraph 2, the words "in which it reached the age of 55" are replaced by the words "in which it reached the age of 65";
6° § 2, paragraph 3, is replaced by the following paragraph:
"When, at the time of divorce, a person aged 65 or over was entitled to a portion of the spouse's pension, the right to a divorced spouse's pension is considered ex officio. In this case, the divorced spouse's pension takes place the day after the divorce produces its effects on third parties. »;
7° in § 3, paragraph 1^er, the words "in favor of the former deputy" are replaced by the words "in favor of the insured";
8° § 3, paragraph 2, is replaced by the following paragraph:
"However, when a person referred to in § 1^er was the spouse of an insured person of a nationality other than that of a Member State of the European Economic Area or the Swiss Confederation, the pension of the insured person to take into account is the pension that would have been acquired to him if he had been a Belgian national. »;
9° in § 3, paragraph 3, the words "55 years" are replaced by the words "65 years";
10° in § 4, paragraph 1^er, the words "the divorced wife" are replaced by the words "the divorced spouse".
Art. 224. Article 23, paragraph 1^er, of the same Act, as amended by the Act of April 13, 1965, is replaced by the following paragraph:
"Benefits, in the event of the death of the insured, an orphan's annuity and, where applicable, an annual supplementary allowance to the Solidarity and Equalization Fund:
(a) legitimate, legally recognized and adopted children of the insured;
(b) legitimate, legally recognized and adoptive children of the spouse when the father or mother has died and no allowance is granted to their benefit to the Fund. "
Art. 225. In section 24 of the Act, amended by the Act of 16 February 1970, the words "married insured male" are replaced by the words "married insured" and the words "a widow" are replaced by the words "a surviving spouse".
Art. 226. Section 25 of the Act, as amended by the Act of 22 February 1971, is replaced by the following provision:
“Art. 25. - In the event of the death of a single, widowed or divorced insured person, the rate of an orphan's pension is set, by child, at 25% of the pension annuity of which the insured person was entitled, if he had entered the pension and, if not, at 25% of the theoretical pension provided for in Article 22. "
Art. 227. Section 33, paragraph 2, 1°, of the Act, replaced by the Act of 11 February 1976 and amended by the Act of 9 July 2004, is supplemented as follows:
"and nationals of a non-member State of the European Economic Area which, pursuant to European Regulation 859/2003, may apply to the provisions of European regulations 1408/71 and 574/72 on social security; "
Art. 228. Section 42, paragraph 3, of the Act is replaced by the following paragraph:
"When the provisions of the preceding paragraph have been applied, the surviving spouse may, if the surviving spouse continues to make the payments under the same conditions, obtain the reimbursement of health care expenses, both for himself and for dependent children and grandchildren, referred to in section 44. "
Art. 229. In article 45, 1°, preliminary sentence, of the same law, as amended by the Act of 22 February 1971, the words "the widow" are replaced by the words "the surviving spouse".
Art. 230. Article 46, § 2, 1°, of the same law, amended by the law of 11 February 1976 and replaced by the law of 9 July 2004, is supplemented as follows:
"and nationals of a non-member State of the European Economic Area which, pursuant to European Regulation 859/2003, may apply to the provisions of European regulations 1408/71 and 574/72 on social security; "
Art. 231. Section 51, 1°, of the Act, amended by the Acts of 22 February 1971, 11 February 1976 and 20 July 1990 and replaced by the Act of 9 July 2004, is supplemented as follows:
"and nationals of a non-member State of the European Economic Area which, pursuant to European Regulation 859/2003, may apply to the provisions of European regulations 1408/71 and 574/72 on social security; "
Art. 232. Are repealed in the same Act:
1st section 52, replaced by the Act of 22 February 1971 and amended by the Act of 20 July 1990;
2° Article 53, replaced by the laws of 22 February 1971 and 11 February 1976;
3° Article 54, replaced by the law of 11 February 1976;
4° Article 55, amended by the law of 27 May 1983.
Art. 233. An article 51bis, as follows, is inserted in the same law:
"Art. 51bis. - The King may determine whether, under what conditions and to what extent the following benefits can be adapted to the evolution of the cost of life:
1° the retirement pension referred to in Articles 20 and 22Sexies;
(2) the survival annuity referred to in section 21;
3° the annuity of an orphan referred to in Articles 24 and 25;
4° the supplementary retirement and survival allowance referred to in Article 22ter;
5° the supplementary orphan allowance set out in Article 26;
6° the allowances provided for in chapter IV.
Orders made pursuant to paragraph 1^er shall cease to be in force at the end of the twelfth month following the date of entry into force if they have not been confirmed by law at the expiry of that period. "
Art. 234. Section 60 of the Act is supplemented by the following paragraph:
"By derogation from paragraph 1^erthe payment of pension benefits is prescribed by ten years. "
Art. 235. In section 63ter, inserted in the same law by the law of 11 February 1976, the following amendments are made:
1° in § 1^erParagraph 1^erthe words "retirement and widow pensions" are replaced by the words "retirement and survival pensions";
2° in § 2, paragraph 2, the words "the widow" are replaced by the words "the surviving spouse";
3° in § 3, the words "20, § 1^erthird, fourth and seventh preambular paragraphs are deleted.
Art. 236. Article 68, § 1^erthe same Act, as amended by the Acts of 16 February 1970 and 11 February 1976 and replaced by the Act of 29 April 1996, is supplemented as follows:
"and in which cases the right to these benefits is considered ex officio. "
Art. 237. In the provisions of the Act, the amounts expressed in franc and in the second column of the following table are replaced by the amounts expressed in euro in the third column of the same table. The latter amount is attached to the pevot index 103.14 (base 1996 = 100).
For the consultation of the table, see image
Section 3 - Amendment of the Programme Act of 2 July 1981
Art. 238. Section 69, 1°, (a), of the Program Law of 2 July 1981, as amended by the Act of 20 July 1990 and replaced by the Act of 9 July 2004, is supplemented as follows:
"or nationals of a non-member State of the European Economic Area which, pursuant to European Regulation 859/2003, may apply to the provisions of European regulations 1408/71 and 574/72 on social security; "
Section 4 - Special provisions
Art. 239. § 1^er. Articles 215, 221, 1°, and 232, 4°, are applied to old-age pensions that take actually course for the first time on 1^er January 2007 at the earliest.
§ 2. Sections 196, 198 to 200, 217 to 219, 221, 2° to 5°, 222, 224 to 226, 229, and 235, apply to survival pensions that are attributed following a death that occurs on 1^er January 2007 at the earliest.
When an insured person died during the period of 1^er January 1979 until December 31, 2006, a survival pension is awarded from 1^er January 2007, based on the provisions in force until December 31, 2006. This surviving pension is paid to the widower only and provided that it applies to the Overseas Social Security Office before 1^er July 2007. After that date the survival pension will take place on the date of application.
§ 3. For male beneficiaries, sections 202 and 223 are applied to pensions that are awarded following a divorce that occurs on 1^er January 2007 at the earliest. For female beneficiaries who do not yet receive a divorced wife pension, these provisions are applicable even if the divorce occurred before 1^er January 2007.
§ 4. The provisions that are amended, replaced or repealed by the articles referred to in §§ 1^er to 3 remain applied to pensions that have actually taken place for the first time on December 31, 2006.
Section 5 - Final Provision
Art. 240. § 1^er. This chapter comes into force on 1^er January 2007.
§ 2. Until the day that the enforcement order of section 51bis of the Act of 17 July 1963 on overseas social security, inserted by section 233, comes into force and until 31 December 2007 at the latest, the benefits referred to in section 51bis, 1° to 3°, are increased by the difference between, on the one hand, the annuity that would have been insured by equal contributions
The re-evaluation coefficient applicable to contributions for a specified year is obtained by dividing the index on the basis of which employee pensions are paid by the average monthly consumer price indices for that year. However, with respect to contributions for the year in which the annuity takes place, the dividing is the average of consumer price indices for the months to which contributions relate.
For the purposes of the preceding paragraph, with respect to contributions for an insurance year prior to 1^er January 1968, the Consumer Price Index was obtained by dividing the Retail Price Index by 1.2988.
The coefficient cannot be less than the unit.
§ 3. Until the day that the enforcement order of section 51bis of the above-mentioned Act of 17 July 1963, inserted by section 233, comes into force and until 31 December 2007 at the latest, the benefits referred to in section 51bis, 4° to 6°, are related to the fluctuations of the Consumer Price Index in accordance with the terms determined by the law of 2 August 1971, without their amount
The amount of these allowances, as set out in sections 22ter and 26 and chapter IV of the aforementioned Act of 17 July 1963, is attached to the pevot index 103.14 (base 1996 = 100).
TITRE XIII - Employment
CHAPTER I^er - Telework
Section 1^re - Amendment of the Act of 3 July 1978 on labour contracts
Art. 241. Article 119.1 of the Act of 3 July 1978 on labour contracts, inserted by the Act of 6 December 1996, the current text of which shall form § 1^er, a § 2 is inserted as follows:
Ҥ2. Sections 119.3 to 119.12 are not applicable to workers to whom the collective agreement on telework concluded within the National Labour Council applies.
Items referred to in paragraph 1^er are not applicable to workers to whom the Act of 5 December 1968 on collective labour agreements and parity commissions does not apply when they are subject by the King to a particular teleworking regime. "
Art. 242. Article 119.2, § 1^erthe same law, inserted by the law of 6 December 1996, the words "or the collective labour agreement referred to in Article 119.1, § 2, paragraph 1^er, or the regulatory provisions established in accordance with Article 119.1, § 2, paragraph 2 are inserted between the words "of this title" and the words "do not derogate from it"
Art. 243. Article 119.2, § 2, of the same law, inserted by the law of 6 December 1996, is replaced by the following provision:
“§2. To the extent that, under the same contract, only a portion of the benefits of a worker falls within this title, the provisions of this title or of the collective labour agreement referred to in Article 119.1, § 2, paragraph 1^er, or regulatory provisions established in accordance with Article 119.1, § 2, paragraph 2, shall apply to benefits that have or should have been made at home or in the place chosen by the worker, and the provisions relating to the contract of work of a worker or employee for other benefits. This contract is, where applicable, subject to the provisions of articles 119.4 and 119.5. "
Art. 244. Sections 241 to 243 come into force on the day of the publication of this Act to the Belgian Monitor.
Section 2 - Amendment of the Act of 8 April 1965 establishing regulations
Art. 245. Article 10 of the Act of 8 April 1965 establishing the working regulations, the current text of which shall form § 1^er, a § 2 is inserted as follows:
“§2. The Labour Regulations may contain a reference to the periods during which the worker may or may not, at the request of the employer, make teleworking benefits referred to in the collective agreement on telework concluded within the National Labour Council or by the regulatory provisions established in accordance with Article 119.1, § 2, paragraph 2, of the Act of July 3, 1978 on labour contracts. "
Art. 246. Article 245 comes into force on the day of the publication of this Act to the Belgian Monitor.
CHAPTER II - Amendment of the Act of May 3, 2003 regulating the contract for maritime fishing and improving the social status of the fisherman
Art. 247. Section 30 of the Act of May 3, 2003 regulating the maritime contract for fishing and improving the social status of the fisherman is amended as follows:
1° § 1^er, first paragraph, is replaced by the following provision:
"The wage to which the fisherman is entitled over a specified period of reference cannot in any case be less than the amount obtained by multiplying the guaranteed minimum daily wage, set by a collective labour agreement made mandatory by the King, by the number of days of sea travel or sea trips made during that reference period. A collective labour agreement made mandatory by the King sets out the reference period. »;
2° § 3 is replaced by the following provision:
“§3. If the variable salary to which the fisherman is entitled over the reference period is less than the guaranteed minimum wage obtained by application of §§ 1^er and 2, the difference must be supplemented by the shipowner in accordance with the terms set out in a collective labour agreement, made mandatory by the King. "
Art. 248. This chapter comes into force on 1^er September 2006.
CHAPTER III The duration of the work of civil aviation personnel
Art. 249. In Article 3, § 1^er, 5°, of the Act of 16 March 1971 on work, the words "and to the personnel navigating occupied to air transport" are deleted.
Art. 250. An article 3quater, as follows, is inserted in the same law:
"Art. 3quater. - The provisions of Chapter III, Sections 1^re and 2 and 4 to 7 are not applicable to aircrew personnel engaged in air transport.
The King may, by order deliberately in the Council of Ministers, and under the conditions and conditions that it determines, make the provisions referred to in paragraph 1^er applicable in whole or in part to airborne personnel engaged in air transport. The King may also introduce specific provisions for this category of workers. "
CHAPTER IV - Amendment of the Labour Inspection Act of 16 November 1972
Art. 251. Section 2 of the Labour Inspection Act of 16 November 1972, replaced by the Act of 22 December 1989, is supplemented as follows:
"11° "information carriers": all information media in any form, such as books, records, documents, digital or digital media, disks, tapes and including those accessible by computer system or by any other electronic device."
Art. 252. Article 4, § 1^er2°, of the same law, the following amendments are made:
1° c), inserted by the law of 22 December 1989, is replaced by the following provision:
"(c) Social inspectors may search and examine all information material in the workplaces or other places that are subject to their control and which contain, either social data, referred to in section 2, 5°, or any other data, the establishment, holding or retention of which is prescribed by law, even where social inspectors are not responsible for monitoring this legislation.
For this purpose, they may also search and review the information materials referred to in paragraph 1 that are accessible from these locations by computer system or by any other electronic device.
The King may, for information purposes, draw up a list containing the data referred to in paragraph 1, which is prescribed by law to establish, hold or retain, as well as those on information material at the workplace or in other places subject to the control of social inspectors.
When the employer, the employee or agent is absent at the time of the check, the social inspector shall take the necessary steps to contact the employer, the employee or agent to produce the aforementioned information materials. When the employer, employee or agent is not available, the social inspector may conduct research and examination.
When the employer, the employee or agent opposes this research or review, a report shall be issued as an obstacle to surveillance. »;
2° the d), inserted by the law of 22 December 1989, is replaced by the following provision:
"(d) Social inspectors may also be produced, without displacement, to be aware of, all information materials that contain any other data, when they consider it necessary to carry out their mission, and to conduct their review.
They also have this power for data that are accessible by computer system or any other electronic device. "
Art. 253. An article 4bis, as follows, is inserted in the same law:
"Art. 4bis. § 1^er. Social inspectors may take copies, in any form, of information materials referred to in Article 4, § 1^er, 2°, (c) and (d), or information contained therein, or provided without charge by the employer, its agents or agents.
§ 2. In the case of information materials referred to in Article 4, § 1^er, 2°, c), which are accessible by a computer system, social inspectors may, by means of the computer system or by any other electronic device and with the assistance of the employer, its agents or agents, or of any other qualified person who has the necessary or useful knowledge of the operation of the computer system, make copies, in the form they wish, of any or part of the aforementioned data. "
Art. 254. An article 4ter, as follows, is inserted in the same law:
"Art. 4ter. - Social inspectors may seize or seal information materials referred to in Article 4, § 1^er, 2°, c), whether or not the employer, its agents or agents are the proprietors of these information materials.
They have these skills when it is necessary to research, review or establish evidence of offences or where the danger exists that offences persist with such information materials or that new offences are committed.
When the seizure is materially impossible, these data, as well as the data that is necessary to understand them, are copied on materials belonging to the authority. In the event of an emergency or for technical reasons, it may be used for materials that are available to persons authorized to use the computer system. "
Art. 255. An article 4quater, as follows, is inserted in the same law:
"Art. 4quater. - When the employer, his or her representative or agent were not present in the search and examination referred to in Article 4, § 1^er, 2°, c), or did not agree voluntarily, the social inspector must inform the employer in writing of the existence of this research and examination and of the information materials that were copied. This description contains the data set out in section 4quinquies.
For information materials that have been seized, it is acted in accordance with Article 4quinquies. "
Art. 256. An article 4quinquies, as follows, is inserted in the same law:
"Art. 4quinquies. - The seizures carried out under Article 4ter and the measures taken by social inspectors pursuant to Articles 3 and 4, § 1, 2°, (e) and (f) shall be the subject of a written statement against receipt.
This is also the case with respect to the measures taken pursuant to section 4quater in the cases provided for in that section where the employer, his or her representative, was either not present or did not consent voluntarily.
At least this written statement must include:
1 the date and time at which the measures are taken;
2° the identity of social inspectors, the quality in which they intervene and the administration in which they belong;
3° the measures taken;
4° the reproduction of the text of articles 15, 16 and 17;
5° the remedies against the measures and the competent judicial district;
6° the authority to be cited in case of appeal. "
Art. 257. An article 4sexies, as follows, is inserted in the same law:
"Art. 4sexies. § 1^er. Any person who considers that his or her rights are adversely affected by the seizures carried out pursuant to Article 4ter or by the measures taken pursuant to Articles 3 and 4, § 1^er, 2°, e) and f), may appeal to the President of the Labour Court.
This is also the case with respect to the measures taken pursuant to section 4quater in the cases provided for in that section in which the employer, its employees or agents, were either not present or did not consent voluntarily.
The action is formed and educated in the form of the referee, in accordance with articles 1035 to 1038, 1040 and 1041 of the Judicial Code.
§ 2. The Chairperson of the Labour Court ruled on the appeal after hearing the Public Prosecutor's Office.
§ 3. The control of the President of the Labour Court shall address the legality of seizures and other measures referred to in § 1^erParagraph 1^er and 2, as well as the opportunity to maintain them. It may order, possibly under conditions, the total or partial lifting of the measures.
§ 4. The judgment rendered by the President of the Labour Court is enforceable by provision, notwithstanding any appeal and without bail, if the judge did not order that it be provided with one. "
Art. 258. Section 5 of the Act is replaced by the following:
“Art 5. - When deemed necessary, social inspectors shall disclose the information collected during their investigation, public institutions and cooperating social security institutions, social inspectors of other inspection services, as well as all other officials responsible for the control of other legislation or under other legislation, to the extent that such information may be of interest to the social inspectors in the exercise of the supervision of which they are responsible or under other legislation.
There is an obligation to disclose this information when public social security institutions, social inspectors of other inspection services or other supervisory officials or under other legislation require it.
However, the information collected in connection with the performance of duties prescribed by the judicial authority may only be disclosed with the authorization of the judicial authority.
Information concerning personal medical data may only be disclosed or used in accordance with medical confidentiality. "
Art. 259. Section 6 of the Act is replaced by the following:
“Art. 6. - Without prejudice to article 44/1 of the law of 5 August 1992 on the police function, all the services of the State, including the prosecutors and offices of courts and all courts, communities, regions, provinces, communes, associations of which they are part, public institutions that rely on them, as well as all public institutions and cooperating institutions of social security, are required
All of the above-mentioned services, with the exception of community and regional services, are required to provide this information, extracts, duplicates, impressions, listings, copies or photocopies without charge.
However, acts, documents, records, documents or information collected in connection with the performance of duties prescribed by the judicial authority may only be communicated with the authorization of the judicial authority. "
Art. 260. Section 8 of the Act is replaced by the following:
“Art. 8. - Social inspectors may exchange with the labour inspections of the other member states of the International Labour Organization, where Convention No. 81 on the Inspection of Labour in Industry and Trade, approved by the Act of 29 March 1957, is in force, any information that may be useful for the exercise of supervision, each of which is responsible.
The information received from the labour inspections of other member States of the International Labour Organization is used in the same conditions as similar information collected directly by social inspectors.
Information for inspections of the work of these Member States is collected by social inspectors under the same conditions as similar information for the exercise of the supervision they are responsible for themselves.
The administrations to which social inspectors belong may also, pursuant to an agreement with the competent authorities of a Member State of the International Labour Organization, authorize in the national territory the presence of officials of the inspection of the work of that Member State to collect any information that may be useful to the exercise of the supervision of which they are responsible.
The information collected abroad by a social inspector under an agreement with a member State of the International Labour Organization may be used in the same conditions as the information collected in the country by social inspectors.
Pursuant to such an agreement, administrations whose social inspectors are responsible may use other forms of mutual assistance and collaboration with the labour inspections of the other member states of the International Labour Organization referred to in paragraph 1^er.
The provisions of subparagraphs 1^er 6 are also applicable to agreements concluded with respect to the exchange of information between the competent Belgian authorities and the competent authorities of the non-signatory States of Convention No. 81 on the Inspection of Labour in Industry and Trade approved by the Act of 29 March 1957. "
Art. 261. An article 10bis, as follows, is inserted in the same law:
"Art. 10bis. - The social inspectors designated by the King are dressed as a judicial police officer, an assistant to the King's Attorney and the Labour Auditor. "
Art. 262. An article 10ter, as follows, is inserted in the same law:
"Art. 10ter. - The powers of auxiliary judicial police officer of the Crown prosecutor and the auditor of work, conferred on the social inspectors designated by the King, shall be exercised only for the purpose of the search and recognition of the offences referred to in the laws of which they are responsible for the supervision, in articles 433quinquies to 433octies of the Criminal Code and in articles 77bis to 77quinquies of the law of 15 December 1980
The King determines the conditions for the formation of these social inspectors. "
Art. 263. Article 10quater, as follows, is inserted in the same law:
"Art. 10quater. - In order to be able to perform their duties, social inspectors are sworn in before the Attorney General of their home, in the following terms:
"I swear faithfulness to the King, obedience to the Constitution and laws of the Belgian people, and faithfully fulfill the functions conferred upon me. "
However, they may exercise their powers outside this jurisdiction.
In the event of a change of domicile, the oath will be transcribed and referred to in the court of appeal to which the place of the new home appears. "
Art. 264. Article 13bis, as follows, is inserted in the same law:
"Art. 13bis. - Social inspectors are required to comply with the rules of ethics in the exercise of their monitoring mission.
The King determines these rules of ethics, following the advice of the Federal Council to Combat Illegal Work and Social Fraud, referred to in article 4 of the Act of 3 May 2003, establishing the Federal Council to Combat Illegal Labour and Social Fraud, the Federal Coordinating Committee and the District Units. "
Art. 265. Section 15 of the Act, as amended by the Act of March 23, 1994, is supplemented by the following paragraph:
"The sanctions referred to in paragraph 1^er are not applicable to offences under Article 4, § 1^er, 2°, d). "
CHAPTER V - Employment Fund
Art. 266. Section 23-3 of the table annexed to the Organic Law of 27 December 1990 creating budgetary funds is repealed.
CHAPTER VI - Congé education paid
Art. 267. Article 111, § 5, of the Law of Recovery containing social provisions of 22 January 1985, is replaced by the following provision:
Ҥ 5. For the worker who follows a training leading to the degree of academic bachelor organized in the higher education of the Flemish Community and the degree of bachelor organized in a long-term curriculum of the higher education of the French Community, the maximum number of hours is 180.
For the worker who follows a course leading to the master's degree organized in higher education, the maximum number of hours is 180. "
CHAPTER VII - Active restructuring management
Art. 268. Article 38, paragraph 1^er, of the Act of 23 December 2005 on the covenant of solidarity among generations, is replaced by the following text:
"In the case where the total cost of the reclassification allowance paid to a worker under section 37, § 1^er, is higher than the total cost of the employer's leave allowance under the above-mentioned Act of July 3, 1978, the employer may obtain the refund of the difference from the National Employment Office. "
Art. 269. Section 268 produces its effects on March 31, 2006.
CHAPTER VIII - Amendment of the Welfare Act of 4 August 1996
Art. 270. Article 45, § 2, paragraph 1^er, from the Act of 4 August 1996 on the welfare of workers during the execution of their work, the words "4° do not fall within the hierarchical power of a minister" are deleted.
CHAPTER IX - Maternity leave
Art. 271. In section 39 of the Labour Act of 16 March 1971, the following amendments are made:
1° between paragraphs 3 and 4 is inserted the following paragraph:
"At the request of the worker, the period of work interruption after the ninth week is extended by one week when the worker was unable to perform her work due to illness or accident throughout the period from the sixth week preceding the effective date of delivery, or the eighth week when a multiple birth is scheduled, until delivery. »;
2° in the fourth paragraph the words "of the preceding paragraph" are replaced by the words "in paragraphs 3 and 4".
Art. 272. The provisions of this chapter shall apply to deliveries that take place from the date of entry into force of this chapter.
Art. 273. Sections 271 and 272 come into force on 1^er September 2006.
CHAPTER X - Amendment of the Act of 12 April 1960 establishing the position of worker delegate for the inspection of mining and careers
Art. 274. The title of the Act of 12 April 1960 establishing the position of worker delegate for the inspection of mining and careers is replaced by the following title:
"An Act to establish the function of worker delegate."
Art. 275. Article 1^er of the same law, the words "at the inspection of mines and quarries, both underground and open-air" are deleted.
Art. 276. In the same law, an article 1 is inserted.^erbis, as follows:
“Art. 1^erbis. - Workers' delegates are assigned to the Directorate-General's Basic Supervisory Division Wellness Control at Work of the Federal Public Service Employment, Labour and Social Concertation. "
Art. 277. Section 2 of the Act is replaced by the following provision:
“Art. 2. - Workers' delegates are placed under the direction and supervision of the manager of the direction to which they are assigned, to the instructions of which they have to comply for the fulfilment of their mission. They have a mission:
1° to examine from the point of view of the welfare of the workers, the works, enterprises or installations annexed to them;
2° to assist in the identification of accidents and in the search for the causes that caused them;
3° to report, if applicable, to management, offences against the laws and decrees relating to the welfare of workers.
In the event of necessity or urgency, workers' delegates indicate to employers all the measures they consider should be taken without delay. They immediately inform management.
In the event of imminent danger resulting from non-observance of a regulatory provision, they confer on-site with the employer or his or her delegate, and the measures they have indicated following this interview are immediately implemented.
The non-performance of the said measures is punishable by the penalties provided for in sections 80 to 94 of the Act of 4 August 1996 on the welfare of workers during the execution of their work. "
Art. 278. Section 3 of the Act is replaced by the following provision:
“Art. 3. - The function of worker delegate is a function in extinction. Workers ' delegates who are in office at 1^er January 2007 may continue to exercise until they are admitted to the pension. In the event of termination, pension or death of a delegate, the delegate shall be replaced by a statutory official. "
Art. 279. In section 4 of the Act, the following amendments are made:
1° Paragraph 1^er is replaced by the following paragraph:
"The workers' delegates are social inspectors and carry out their duties in accordance with the Labour Inspection Act of 16 November 1972. »;
2° Paragraph 2 is repealed.
Art. 280. In section 5 of the Act, the following amendments are made:
1° in paragraph 1^er, the words "at the inspection of mining and careers" are deleted and the words "proud'mal counsel" are replaced by the words "labour courts";
2° paragraphs 4 and 5 are repealed.
Art. 281. In sections 6, 1 and 3, and 7 of the Act, the words "in the inspection of mining and careers" are deleted.
Art. 282. Section 8 of the Act is replaced by the following provision:
“Art. 8. - Workers' delegates visit, as often as their leader deems it necessary, the construction sites, enterprises or facilities assigned to them. "
Art. 283. Sections 9 to 12 of the Act are repealed.
Art. 284. Section 13 of the Act is replaced by the following provision:
“Art. 13. - The term of office of worker delegates appointed as at 31 December 2006 is extended as of 1^er January 2007 until the day they reach 65. "
Art. 285. Section 14 of the Act is repealed.
Art. 286. In section 15 of the Act, as amended by the Act of 20 June 1975, the following amendments are made:
1° in subparagraphs 1^er5 and 8, the words "Mining and Career Inspection" are deleted;
2° Paragraph 2 is repealed.
Art. 287. In section 16 of the Act, the following amendments are made:
1° to paragraph 1^erthe words "the inspection of mining and careers" are deleted and the word "franc" is replaced by the word "euro";
2° in paragraph 2, the words "Operators" are replaced by the words "Employers".
CHAPTER XI - Provisions concerning occupational diseases
Section 1^re - Cumulative provisions for sickness benefits with pension for the years 1983 to 1984
Art. 288. With the exception of the rules set out in this section on partial accrual with pensions, benefits granted in accordance with the laws relating to compensation for damages resulting from occupational diseases, coordinated on 3 June 1970, are combined in full with those granted under all other social security and social insurance schemes, subject to the limitations or exclusions provided for in these schemes.
Art. 289. From the first day of the month from which a right is created for a pension or survival under a Belgian or foreign pension or survival plan, the annual allowances of the victim or eligible persons are reduced to the amounts determined in accordance with section 1^er of the Royal Decree of 17 July 1974 granting allowances to certain beneficiaries of the laws relating to compensation for damages resulting from occupational diseases, coordinated on 3 June 1970.
In the case of a retirement or survival pension of a minor worker who had to cease all work during his career as a result of a professional illness or who had to stop work at the bottom of the mine in order to be put to work on the surface is considered, for the purposes of this section, by percentage of permanent incapacity, the amount that is applied to victims whose permanent incapacity exceeds 65 p.
Art. 290. If the first day of the month referred to in section 289 falls before the date of entry into force of this section, the annual allowances are not diminished, but from that date they are no longer adapted to the fluctuations in the price index, in accordance with section 45, § 2, of the laws relating to compensation for damages resulting from occupational diseases, coordinated on June 3, 1970, until the amounts reached in section 289.
If the rate of work disability decreases as a result of a review of the victim's state, the annual allowance referred to in paragraph 1 is reduced proportionally.
The increase in the rate of inability to work as a result of a review due to the worsening of the victim's condition cannot result in the payment of amounts greater than the amounts referred to in section 289.
If the request for compensation for persons referred to in paragraph 1^er, is introduced after the effective date of this section, the provisions of section 289 are applicable.
Art. 291. Organizations responsible for the granting or payment of retirement or survival pensions, referred to in section 289, are required to provide the Professional Diseases Fund with all information and data to enable the Fund to fulfil the obligations under this section.
The organizations concerned agree on the terms and conditions for the execution of this article.
Art. 292. This section produces its effects of 1^er January 1983 to 1^er April 1984.
Section 2 - Cumulative provisions for sickness benefits with pension or benefit awarded as a result of a work accident for the years 1984 to 1991
Art. 293. With the exception of the rules set out in this section on partial cumulation with pensions and certain benefits granted to the victim pursuant to the Act of 10 April 1971 on occupational accidents, the benefits granted in accordance with the laws relating to compensation for damages caused by occupational diseases, coordinated on 3 June 1970, are combined in full with those granted under all other social security and social insurance schemes, subject to the limitations or exclusions provided for in these regulations.
Art. 294. From the first day of the month from which a right is created for a pension or survival under a Belgian or foreign pension or survival plan, the annual allowances of the victim or eligible persons are reduced to the amounts determined in accordance with section 1^er of the Royal Decree of 17 July 1974 granting allowances to certain beneficiaries of the laws relating to compensation for damages resulting from occupational diseases, coordinated on 3 June 1970.
In the case of a retirement or survival pension of a minor worker who had to cease all work during his career as a result of a professional illness or who had to stop work at the bottom of the mine in order to be put to work on the surface is considered, for the purposes of this section, by percentage of permanent incapacity, the amount that is applied to victims whose permanent incapacity exceeds 65 p.
Art. 295. If the first day of the month referred to in section 294, falls before the effective date of section 1^re, the annual allowances are not diminished but from that date they are no longer adapted to the fluctuations of the price index, in accordance with Article 45, § 2, of the laws relating to compensation for damages resulting from occupational diseases, coordinated on June 3, 1970, until the amounts referred to in Article 294 are met.
If the working disability rate decreases as a result of a review of the victim's state, the annual allowance referred to in paragraph 1^er, is reduced proportionally.
The increase in the rate of inability to work as a result of a review due to the worsening of the victim's condition cannot result in the payment of amounts greater than the amounts referred to in section 294.
If the request for compensation for persons referred to in paragraph 1^er, is introduced after the effective date of section 1^re, the provisions of section 294 are applicable.
Art. 296. Organizations responsible for the granting or payment of retirement or survival pensions, referred to in section 294, are required to provide the Professional Diseases Fund with all information and data to enable the Fund to implement the obligations under this section.
The organizations concerned agree on the terms and conditions for the execution of this article.
Art. 297. In the event of the cumulative annual allowances, annuities or allowances granted to the victim pursuant to the Labour Accidents Act of 10 April 1971 with an annual compensation awarded to the victim by the laws relating to compensation for damage caused by occupational diseases, coordinated on 3 June 1970, the latter allowance is reduced to the extent that the sum of the accumulated benefits mentioned above exceeds the maximum amount determined in accordance with section 39 of the Labour Act of 10 April 1971.
Art. 298. This section produces its effects of 1^er April 1984 to 1^er November 1991.
Section 3 - Cumulative provisions for sickness benefits with a pension or benefit awarded as a result of a work accident for the years 1991 to 2007
Art. 299. With the exception of the rules set out in this section on partial cumulation with pensions and certain benefits granted to the victim pursuant to the Act of 10 April 1971 on occupational accidents, the benefits granted in accordance with the laws relating to compensation for damages resulting from occupational diseases, coordinated on 3 June 1970, are combined in full with those granted under all other social security and social insurance schemes, subject to the limitations or exclusions provided for.
Art. 300. From the first day of the month from which a right is created for a pension or survival under a Belgian or foreign pension or survival plan, the annual allowances of the victim or eligible persons are reduced to the amounts determined in accordance with section 1^er of the Royal Decree of 17 July 1974 granting allowances to certain beneficiaries of the laws relating to compensation for damages resulting from occupational diseases, coordinated on 3 June 1970.
In the case of a retirement or survival pension of a minor worker who had to cease all work during his career as a result of a professional illness or who had to stop work at the bottom of the mine in order to be put to work on the surface is considered, for the purposes of this section, by percentage of permanent incapacity, the amount that is applied to victims whose permanent incapacity exceeds 65 p.
Art. 301. A disability pension or benefit in lieu of a pension under a Belgian or foreign plan or a plan applicable to the staff of a public international law institution is considered to be a place of pension for the purposes of this section from the first day of the month following that in which the beneficiary reaches the age of 65.
Art. 302. If the first day of the month referred to in section 300 falls before the effective date of section 1^re, the annual allowances are not diminished but from that date they are no longer adapted to the fluctuations of the price index, in accordance with Article 45, § 2, of the laws relating to the repair of damage resulting from occupational diseases, coordinated on June 3, 1970, until the amounts referred to in Article 300 are reached.
If the working disability rate decreases as a result of a review of the victim's state, the annual allowance referred to in paragraph 1^er, is reduced proportionally.
The increase in the rate of inability to work as a result of a review due to the worsening of the victim's condition cannot result in the payment of amounts greater than the amounts referred to in section 300.
If the request for compensation for persons referred to in paragraph 1^er, is introduced after the effective date of 1^re Section, the provisions of section 300 are applicable.
Art. 303. Organizations responsible for the granting or payment of retirement or survival pensions, referred to in section 300, are required to provide the Professional Diseases Fund with all information and data to enable the Fund to implement the obligations under this section.
The organizations concerned agree on the terms and conditions for the execution of this article.
Art. 304. In the event of the cumulative annual allowances, annuities or allowances granted to the victim pursuant to the Labour Accidents Act of 10 April 1971 with an annual compensation awarded to the victim by the laws relating to compensation for damage caused by occupational diseases, coordinated on 3 June 1970, the latter allowance is reduced to the extent that the sum of the accumulated benefits mentioned above exceeds the maximum amount determined in accordance with section 39 of the Labour Act of 10 April 1971.
Art. 305. The victim or his/her right to apply for retirement or survival pension under section 300, paragraph 1^er, is required to provide the following information to the Vocational Diseases Fund within the month following the introduction of the application:
1° Name, first name, date of birth, address of the applicant;
2° Date of pension application;
3° Organization with which the application was filed;
4° Suspected date for taking pension courses.
Art. 306. The Vocational Diseases Fund is authorized to apply, on an ex officio basis, the cumulative rules set out in section 300 from the first day of the month following that in which the victim or the person entitled to attain the age of the retirement or survival pension, as long as it does not have a statement of the person concerned that allows the Fund to verify whether or not the cumulative rules are applicable.
Art. 307. This section produces its effects on 1^er November 1991, with the exception of Article 301 which produces its effects on 1^er December 1991 and will cease to be in force on 1^er January 2007.
Section 4 - Final Provisions
Art. 308. Reported:
1° Article 66 of the laws relating to compensation for damage caused by occupational diseases, coordinated on 3 June 1970;
2° the Royal Decree of 13 January 1983, which was taken in execution of Article 66 of the Laws relating to the Compensation of Occupational Diseases, coordinated on 3 June 1970, amended by the Royal Decrees of 8 July 1983, 12 April 1984 and 2 September 1991.
Art. 309. Section 66 of the Acts relating to compensation for damages resulting from occupational diseases, coordinated on 3 June 1970, reported by section 308 of this Act, is reinstated in the following wording:
"Art. 66. - The King may determine to what extent and under what conditions the allowances granted under these Acts may be combined with those granted under other social security or social security schemes. "
Art. 310. 1° Section 308 produces its effects on 1^er January 1983;
2° Section 309 comes into force on 1^er January 2007.
CHAPTER XII - Cumulative provisions for occupational accident benefits with pension
Section 1^re - Provisions pursuant to the Royal Decree of 31 January 1983 implementing Article 42bis of the Act of 10 April 1971 on Industrial Accidents
Art. 311. With the exception of the following rules regarding partial accrual with pensions, benefits granted pursuant to the Act of 10 April 1971 on industrial accidents are combined in full with benefits granted under all other safety and social security rules, subject to the limitations or exclusions provided for in these rules.
Art. 312. From the first day of the month from which a right is created for a pension or survival under a Belgian or foreign pension or survival plan, the annual allowances, annuities or allowances of the victims or beneficiaries are reduced to the amounts determined in accordance with Article 2 of the Royal Decree of 21 December 1971 concerning the allowances and social assistance granted by the Labour Accidents Fund.
When it comes to a retirement or survival pension of a minor worker who had to cease all work during his career as a result of a work accident or who had to stop work at the bottom of the mine in order to be put to work on the surface, is considered, for the purposes of this section, by percentage of permanent incapacity, the amount that is applied to victims whose permanent incapacity exceeds 65.
Art. 313. If the first day of the month referred to in section 312, falls before the effective date of this section, the annual allowances or annuities are not diminished but from that date, no increase is granted, in accordance with section 6 of the aforementioned Order of December 21, 1971, until the amounts referred to in section 312 are met.
The increase in the rate of incapacity to work as a result of a review due to the aggravation of the victim's condition cannot result in the payment of amounts greater than the amounts referred to in section 312.
Art. 314. The organizations and persons referred to in section 42bis of the Industrial Accidents Act of 10 April 1971 shall transfer the amount of annual allowances or annuities referred to in section 312, to the Industrial Accidents Fund.
The Fund shall communicate to the organizations and persons covered by section 312 to which licensees, and from which date the amount of annual allowances or annuities shall be transferred.
Annual or annuity allowances due after that date must be transferred to the Industrial Accidents Fund no later than one month after the date on which they are due.
If the amount is not paid within the specified time limit, the increases in contributions and late interest are due, in accordance with the provisions of sections 9 and 10 of the Royal Decree of 30 December 1976, which enforces certain provisions of section 59ter of the Industrial Accidents Act of 10 April 1971.
Art. 315. Organizations responsible for the granting or payment of retirement or survival pensions, referred to in section 312, are required to provide the Industrial Accidents Fund with all information and data to enable the Fund to perform the obligations under this section.
The organizations concerned agree on the terms and conditions for the execution of this article.
Art. 316. This section produces its effects on 1^er January 1983 and will cease to be in force on 1^er January 2007.
Section 2 - Provisions pursuant to the Royal Decree of 10 December 1987 implementing certain provisions of Royal Decree No. 530 of 31 March 1987 amending labour accident legislation
Art. 317. Section 312 of this Act is replaced by the following provisions:
"Art. 312. § 1^er. From the first day of the month from which a right to a retirement or survival pension is created under a Belgian or foreign pension or survival plan, the annual allowances or annuities, possibly indexed in accordance with section 27bis of the Act of 10 April 1971 on occupational accidents, or the allowances are reduced to the amounts determined in accordance with section 5 of the Royal Decree of 10 December 1987 concerning the allowances
§ 2. The amount to which the victim or the person entitled may still claim in accordance with § 1^er is reduced by the portion of the value of the annuity that was paid in capital or the amount converted to a hypothetical annuity granted in common law as compensation for injury as covered by the Act of 10 April 1971 on industrial accidents.
§ 3. When it comes to a retirement or survival pension of a minor worker who had to cease all work during his career as a result of a work accident or who had to stop work at the bottom of the mine in order to be put to work on the surface, is considered, for the purposes of this section, by percentage of permanent incapacity, the amount that is applied to victims whose permanent incapacity exceeds 65 percent.
Art. 318. In section 313, paragraph 1^er, of this Act, the words "section 6 of the Royal Decree of December 21, 1971 referred to above" are replaced by the words "section 27ter of the Act of April 10, 1971 on industrial accidents".
Art. 319. Section 314 of this Act is replaced by the following provision:
"Art. 314. - For accidents prior to 1^er January 1988, the bodies and persons referred to in section 42bis of the Industrial Accidents Act of 10 April 1971 shall transmit the amount of the annual allowances or annuities referred to in section 312 of this Act to the Industrial Accidents Fund from the date of the date of the entry or decision referred to in section 24, paragraph 2, of the Act of 10 April 1971 on Industrial Accidents.
For accidents from 1^er January 1988, the organizations referred to in section 42bis of the Act shall transmit the amount of annual allowances or annuities that may be indexed in accordance with section 27bis of the Act, referred to in sections 312 and 313 of this Act, to the Industrial Accidents Fund from the date referred to in paragraph 1.
Annual allowances or annuities due after the first day of the month referred to in section 312 of this Act shall be transmitted to the Industrial Accidents Fund no later than two weeks before the date on which they are due.
When the first day of the month referred to in section 312 of this Act is before the entry or the decision referred to in section 24, paragraph 2, of the Labour Accidents Act of 10 April 1971, the body referred to in section 42bis of the Act shall pay to the victim or the person entitled the portion of the benefits that may be accumulated with a pension. The portion of benefits that cannot be accumulated is paid to the Fund within one month of the date of the date of the entry or decision.
Where the first day of the month referred to in section 312 of this Act is after the date of the entry or decision referred to in section 24, paragraph two, of the Act of 10 April 1971, the Fund shall communicate to the organizations and persons concerned the beneficiaries to whom section 312 of this Act applies and the date on which the amount of annual allowances or annuities shall be transmitted. "
Art. 320. The provisions of section 312, § 2, of this Act, as amended by section 317 of this Act, shall apply from 1^er January 1989 in respect of accidents for which the date of registration of the agreement or decision referred to in section 24, paragraph 2, of the Act of 10 April 1971 on industrial accidents is earlier than 1^er January 1983.
Art. 321. This section produces its effects on 1^er January 1988.
Section 3 - Provisions pursuant to the Royal Decree of 5 August 1991 amending the Royal Decree of 13 January 1983 implementing section 42bis of the Act of 10 April 1971 on Industrial Accidents
Art. 322. Article 312, § 1^er, of this Act, as amended by section 317 of this Act, is supplemented by the following paragraph:
"A disability pension or benefit in lieu of a pension under a Belgian or foreign plan or a plan applicable to staff of a public international law institution is considered to be a place of pension for the purposes of this section from the first day of the month following that in which the beneficiary reaches the age of 65. "
Art. 323. In this Act, section 1 of this chapter contains an article 314 bis, which reads as follows:
"Art. 314bis. - The victim or his or her rightful person who has filed an application for retirement or survival under section 312, § 1^er, of this Act is required to provide the following information to the Labour Accidents Fund within one month of the introduction of the application:
1° Name, first name, date of birth and principal residence of the applicant.
2° Date of pension application.
3° Organization to which the application was filed.
4° Date presumed to take the pension. "
Art. 324. In section 1^re An article 314ter is included in this chapter, which reads as follows:
"Art. 314ter. - The Labour Accidents Fund is empowered to apply the cumulative rules set out in section 312 on the first day of the month following the one in which the victim or the person entitled to attain the age of the retirement or survival pension, as long as it does not have a statement of the person concerned that allows the Fund to verify whether the cumulative rules are applicable or not. "
Art. 325. In section 1 of this chapter, an article 315bis is inserted, as follows:
"Art. 315bis. - Without prejudice to the provisions of the Royal Decree of 30 December 1976 implementing certain provisions of section 60 and 60 bis of the Act of 10 April 1971 on occupational accidents, the Fund shall waive the repetition of the victim's charge or the person entitled to half of the annual allowances, rents or allowances unduly collected on the basis of this section which, at 1^er January 1991, were not yet reimbursed to the Fund, provided that they were not obtained by fraudulent manoeuvres or false or knowingly incomplete statements.
The provisions of paragraph 1^er are also applicable to the indus that are targeted and that are found after December 31, 1990 provided that they relate to a period prior to 1^er January 1991. "
Art. 326. This section produces its effects on 24 September 1991.
Section 4 - Provisions pursuant to the Royal Decree of 29 August 1997 amending the Royal Decree of 13 January 1983 enforcing section 42bis of the Labour Accidents Act of 10 April 1971
Art. 327. Article 313, paragraph 1^er, of this Act, as amended by section 318 of this Act, it is inserted the terms "section 27bis or "" between the terms "in accordance with" and "section 27ter".
Art. 328. In section 1^re An article 313bis is included in this chapter, which reads as follows:
"Art. 313bis. - The capital referred to in section 42bis, paragraph 1^er, of the Act of 10 April 1971 on industrial accidents is due either from the date of the entry or the decision referred to in section 24, paragraph 2, of the above-mentioned Act, if it is located after the first day of the month referred to in section 312 of this Act, or from the first day of the month referred to in section 312 of this Act if that first day is located after the date of the decision referred to in "
Art. 329. Article 314, paragraph 1^er, of this Act, replaced by section 319 of this Act, the words "decreased from the portion paid in capital in accordance with section 42bis, paragraph 1^er, of the Act of April 10, 1971" are inserted between the words "section 312 of this Act", and "to".
Art. 330. In section 314, paragraph 2, of this Act, replaced by section 319 of this Act, the words "decreased from the portion paid in capital in accordance with section 42 bis, paragraph 1^er, of the Act of April 10, 1971, are inserted between the words "sections 312 and 313 of this Act" and "to".
Art. 331. In section 314, paragraph 3, of this Act, replaced by section 319 of this Act, the words "damaged from the portion paid in capital in accordance with section 42 bis, paragraph 1^er, of the law of April 10, 1971" are inserted between the words "rentes" and "dues".
Art. 332. In section 314, paragraph 4, of this Act, replaced by section 319 of this Act, the second sentence shall be replaced by the following provision:
"The portion of benefits that cannot be accumulated and the capital referred to in section 42bis, paragraph 1^er, of the above-mentioned Act are paid to the Industrial Accidents Fund within the month following the entry or decision. The Fund's Management Committee sets out the setting rules for the date on which the recipient's age is considered for the calculation of capital. "
Art. 333. In section 314, paragraph 5, of this Act, replaced by section 319 of this Act, the words "and capital referred to in section 42 bis, paragraph 1^er, of the law of April 10, 1971" are inserted between the words "rents" and "should".
Art. 334. Section 314, paragraph 5, of this Act, replaced by section 319 of this Act, is supplemented by a sentence that reads as follows:
"The Fund's Management Committee sets out the rules for determining the date on which the recipient's age is considered for the calculation of capital. "
Art. 335. Section 314 of this Act, replaced by section 319 of this Act, is supplemented by the following paragraphs:
"The capital shall be calculated in accordance with the scale referred to in Article 7 of the Royal Decree of 24 December 1987 carrying out Article 42, paragraph 2, of the Labour Accidents Act of 10 April 1971 relating to the payment of annual allowances, annuities and allowances for accidents occurring before 1^er January 1988, in accordance with the scale referred to in Article 20bis, 3°, of the Royal Decree of 21 December 1971 implementing certain provisions of the Act of 10 April 1971 on industrial accidents, decreased by 3.5% for accidents occurring after 31 December 1987.
In the event of an application or proposal for a review of the disability rate within the time limit referred to in section 72 of the above-mentioned Act or after that period, the insurer shall immediately notify the Fund that continues to pay the annual allowance or annuity. In this case, the deposit between the insurer and the Fund is made within two months of the fixing of the new rate of incapacity either by entering into the agreement by the Fund, or by a judicial decision cast in force of evidence. The Fund Management Committee sets out the terms and conditions for the deposit between the Fund and the insurer.
In the event that, after the date referred to in section 312 of this Act, a victim or a person entitled to a pension is no longer eligible for a retirement or survival pension for any reason other than his death, the Fund shall immediately notify the insurer. In this case, the deposit between the Fund and the insurer shall be made within two months of the date on which the Fund is informed. "
Art. 336. § 1^er. This section produces its effects on 1^er January 1997 with respect to accidents for which the date referred to in section 312 of this Act, as amended by sections 317 and 322 of this Act is before 1^er January 1997.
In respect of accidents for which the date of entry or decision referred to in section 24, paragraph 2, of the Act of 10 April 1971 on industrial accidents is after 31 December 1996 and before 30 September 1997, the capital referred to in section 42bis, paragraph 1^er, the same law is due to the 1^er October 1997 and calculated on the basis of the recipient's age at that date. He is transferred to the Industrial Accidents Fund before 1^er November 1997.
In respect of accidents for which the date of entry or decision referred to in section 24, paragraph 2, of the Act of 10 April 1971 on industrial accidents is before 1^er January 1997, capital is due and is calculated according to the age of beneficiaries on the following dates:
- 1^er October 1997 for accidents prior to 1^er January 1980; capital is transferred to the Industrial Accidents Fund before 1^er November 1997;
- 1^er October 1997 for accidents after 31 December 1979 and before 1^er January 1988; capital is transferred to the Industrial Accidents Fund before 1^er December 1997;
- 1^er October 1998 for accidents after 31 December 1987; capital is transferred to the Industrial Accidents Fund before 1^er November 1998.
§ 2. This section comes into force on 1^er January 1999 in respect of accidents for which the date referred to in section 312 of this Act, as amended by sections 317 and 322 of this Act, is after December 31, 1996.
In respect of accidents for which the date of entry or decision referred to in section 24, paragraph 2, of the Act of 10 April 1971 on industrial accidents is before 1^er January 1999, the capital referred to in section 42bis, paragraph 1^erthe Labour Accidents Act of 10 April 1971 is due to 1^er October 1999 and calculated on the basis of the age of beneficiaries on that date. Capital is transferred to the Industrial Accidents Fund before 1^er November 1999.
§ 3. Pending the transfer of capital, the organizations referred to in section 42bis of the Industrial Accidents Act of 10 April 1971 continue to pay the entire allowance or annuity to the Industrial Accidents Fund.
Section 5 - Provisions pursuant to the Royal Decree of 10 November 2001 on the Enforcement of the Act of 10 August 2001 on the adaptation of occupational accident insurance to the European directives concerning direct insurance, with the exception of life insurance
Art. 337. In section 314 of this Act, as amended by sections 319 and 335 of this Act, paragraph 6 is replaced as follows:
"The capital shall be calculated in accordance with the following scale:
1° for accidents prior to 1^er January 1988, in accordance with the scale referred to in Article 7 of the Royal Decree of 24 December 1987 implementing Article 42, paragraph 2, of the Labour Accidents Act of 10 April 1971, relating to the payment of annual allowances, rents and allowances;
2° for accidents after 31 December 1987 and prior to 1^er January 1995, in accordance with scale E, II, the following characteristics:
(1) Mortality table: HFR (1968-1972);
(2) interest rate: 4.75 per cent;
3) revalorization rate: 4%;
(4) Monthly payment for death and death in arrears;
3° for accidents from 1^er January 1995, in accordance with scale E, II-95, the following characteristics:
(1) ED1(M) and ED1(F) Mortality Table, attached to the Royal Decree of 21 December 1971 implementing certain provisions of the Industrial Accidents Act of 10 April 1971;
(2) interest rate: 4.75 per cent;
3) revalorization rate: 4%;
(4) Monthly payment in the event of death and with arrears. "
Art. 338. This section produces its effects on 11 December 2001.
Section 6 - Provisions pursuant to the Royal Decree of 23 September 2005 amending the Royal Decree of 13 January 1983 implementing section 42bis of the Labour Accidents Act of 10 April 1971
Art. 339. In section 314, paragraph 2, of this Act, as amended by sections 319 and 330 of this Act, the words "and reassessed" are inserted between the words "annual allowances or annuities that may be indexed" and "in accordance with".
Art. 340. This section produces its effects on 1^er September 2005.
Section 7 - Provisions pursuant to the Royal Decree of 6 December 2005 amending the Royal Decree of 13 January 1983 implementing section 42bis of the Labour Accidents Act of 10 April 1971
Art. 341. In section 314, paragraph 6, of this Act, replaced by section 337 of this Act, the following amendments are made:
1° to 3°, the words "and before 1^er January 2003 is inserted between the words "1995" and ", in accordance" and the word "ED2 (F)" is replaced by the word "ED1 (F)";
2° the paragraph is completed by a 4° written as follows:
"4° for accidents from 1^er January 2003, in accordance with scale E, II B-03 with the following characteristics:
(1) Mortality table: ED1 (M) and ED1 (F), attached to the Royal Decree of 21 December 1971 implementing certain provisions of the Labour Accidents Act of 10 April 1971;
(2) interest rate: 3.75 per cent;
3) revalorization rate: 3 per cent;
(4) Monthly payment for the term expired and with arrears to death. "
Art. 342. This section applies to capital due to the Industrial Accidents Fund as of 25 December 2005.
Section 8 - Final Provisions
Art. 343. Reported:
1° Article 42bis, paragraph 1^erthe Labour Accidents Act of 10 April 1971, inserted by the Act of 2 July 1981;
2° the Royal Decree of 13 January 1983, which carried out section 42bis of the Act of 10 April 1971 on industrial accidents.
Art. 344. In section 42bis, paragraph 2, became paragraph 1^erof the Act of 10 April 1971, inserted by the Act of 2 July 1981 and amended by Royal Decree No. 128 of 30 December 1982 and by the Royal Decree of 16 December 1996, the words "by application of paragraph 1^er are replaced by the words "by application of section 1 of Chapter XII of Title XIII of the Act of 20 July 2006 on various provisions".
Art. 345. In section 42bis of the Act, inserted by the Act of 2 July 1981 and amended by Royal Decree No. 128 of 30 December 1982, by Royal Decree of 16 December 1996 and by section 343 of this Act, the following paragraph shall be inserted before paragraph 1^er :
"The King may, by order deliberately in the Council of Ministers, determine to what extent and under what conditions the benefits granted under this Act may be accumulated with those granted under other social security or social security schemes. "
Art. 346. In article 58, 10°, of the same law, inserted by Royal Decree No. 530 of 31 March 1987, the syntagm ", under the conditions fixed by the King by decree deliberately decreed in the Council of Ministers", is deleted.
Art. 347. In section 59, 9°, of the same Act, replaced by the Act of 30 March 1994 and amended by the Royal Decrees of 16 December 1996 and 8 August 1997, the words "paragraph 2" are deleted each time.
Art. 348. In Article 60, paragraph 1^er, of the same law, replaced by the law of 1^er August 1985 and amended by the laws of 22 February 1998, 10 August 2001 and 22 December 2003, the words "paragraph 2" are deleted.
Art. 349. 1° Section 343 produces its effects on 1^er January 1983;
2° Article 345 comes into force on 1^er January 2007;
3° Articles 344, 346, 347 and 348 produce their effects respectively on 1^er January 1983, 1^er January 1988, 1^er January 1997 and 1^er April 1998 and will cease to be in force on 1^er January 2007.
CHAPTER XIII - Age-related discrimination
Art. 350. An article 2bis, as follows, is included in the Act of 25 February 2003 to combat discrimination and amend the Act of 15 February 1993 creating a Centre for Equal Opportunities and Combating Racism:
"Art. 2bis. - Without prejudice to Article 2, §§ 1^er, 2 and 5, age-based treatment differences do not constitute discrimination when objectively and reasonably justified, by a legitimate objective, including legitimate employment policy objectives, the labour market or any other comparable legitimate objective, and the means to achieve this objective are appropriate and necessary.
Without prejudice to Article 2, §§ 1^er, 2 and 5, does not constitute discrimination on the basis of age, for professional social security schemes, ages of membership or eligibility for pension or disability benefits, including setting, for these schemes, different ages for workers or groups or classes of workers and the use, within the framework of these schemes, of age criteria in the actuarial calculations, unless "
Art. 351. An article 2ter, as follows, is included in the Act of 25 February 2003 to combat discrimination and amend the Act of 15 February 1993 creating a Centre for Equal Opportunities and Combating Racism:
"Art. 2ter. - For the purpose of preserving the operational character of the armed forces, the legislator may exclude from the scope of Article 2, §§ 1^er and 2, with respect to age-based treatment differences in recruitment and retention in employment, all or part of the personnel of the armed forces.
The legislator sets the conditions of age, employment and cases in which it may be referred to age as a condition of recruitment or retention in employment due to the nature or conditions of the exercise of the employment concerned. "
TITRE XIV - Sustainable Development
CHAPTER I^er - Distribution of tasks between federal sustainable development actors
Art. 352. § 1^er. The representative of the Federal Office of the Plan for the Secretariat of the Interdepartmental Commission on Sustainable Development, referred to in article 16, paragraph 4, of the Law of 5 May 1997 on the Coordination of Federal Policy on Sustainable Development, will be assisted in carrying out its tasks by staff of the Federal Public Service for Sustainable Development.
§ 2. Staff members of the Federal Office of the Plan contracted to assist the representative referred to in § 1^er to ensure the secretariat of the Interdepartmental Commission on Sustainable Development, are transferred from 1^er September 2006, to the Federal Public Programming Service for Sustainable Development.
The King sets out, by order deliberately in the Council of Ministers, the modalities of this transfer. The transferred personnel shall retain at least their remuneration, including allowances, allowances or allowances or other benefits to the Federal Office of the Plan, in accordance with the regulations under which they were awarded.
CHAPTER II - Amendment of the Act of 5 May 1997 on the Coordination of Federal Sustainable Development Policy
Art. 353. Article 4, § 1^er, of the Act of 5 May 1997 on the Coordination of Federal Sustainable Development Policy, is replaced by the following provision:
« § 1^er. The draft plan is prepared by the commission.
The Commission simultaneously presents the draft plan to the Legislative Chambers, the Council and the governments of the regions and communities. "
TITRE XV - Public Companies
CHAPTER I^er - External mobility
Art. 354. In section 475, paragraph 5, of the Program Law of December 22, 2003, the words "and a scale of treatment" are inserted between the words "in a level" and "recognized by the King".
CHAPTER II - SNCB
Section 1^re - Accounting treatment of capital intake when financing investment projects
Art. 355. During any increase in capital, in cash or in kind, of an anonymous public law corporation of the SNCB Group for the realization of investments for public service missions, a transfer concomitant to release is, through the balance sheet, operated under the heading "capital subsidies" for an amount equal to the intangible and tangible assets identified and financed by the said release of capital.
Section 2 - Rectifications relating to the distribution of property during the SNCB split
Art. 356. Article 3, § 4, paragraph 3, of the Royal Decree of 14 June 2004 on the reform of railway infrastructure management structures, confirmed by Article 312 of the Programme Law of 27 December 2004, is replaced by the following provision:
“If the assets referred to in § 1^er, 2°, include real rights relating to real property, these are described in a particular section of the asset list. This list will be a translative or constitutive act of these rights.
With the exception of goods belonging to the railway public domain, the particular section of the list is transcribed on the appropriate registry in each mortgage conservation office in which the property in question is located. The deadline for the short transcript from 1^er January 2005. "
Art. 357. The SNCB-Holding is authorized to assign to Infrabel the assets and liabilities necessary or useful to the operation of the Belgian railway network and which were not provided by the decree of 30 December 2004 stopping the list of assets and liabilities brought by the Belgian National Railway Company to the public law SA Infrabel.
Art. 358. Infrabel is authorized to assign to the SNCB-Holding the assets and liabilities it owns and which fall under the social object of the SNCB-Holding.
Art. 359. The King shall establish, after consultation with the board of directors of the transferor corporation, lists of property transferred under sections 357 and 358. The lists are filed at the Brussels Court of Commerce Registry, where any person can read them free of charge and obtain a full or partial copy of the lists for payment of transplant fees. The publication to the Belgian Monitor of a notice confirming the deposit to the registry of the lists shall, in full right, result in the transfer to Infrabel or to the SNCB-Holding of the goods resumed therein. This transfer is enforceable to third parties upon publication to the Belgian Monitor of this notice. With the exception of goods in the railway public domain, the lists are transcribed on the appropriate registry in each mortgage conservation office in which the property in question is located.
Section 3 - Diabolo
Art. 360. In order to facilitate the implementation of a public-private partnership (the "Project") for the construction, financing and operation of the extension of the railway network linking the Brussels-National airport to the central berm of the E19 motorway (including the linking of this infrastructure with the underground railway station of the Brussels-National airport), the King can, by order deliberately in the Council of Ministers, take all necessary measures
1° to authorize Infrabel to establish an operating company for the Project and to assign its participation in this company in derogation from Article 13, §§ 2 and 3, of the Act of 21 March 1991 on the reform of certain economic public enterprises;
2° to settle the constitution of real rights on immovable property belonging to the state, the SNCB-Holding or Infrabel in favour of the operating society, the prior decommissioning of these immovable property and the transfer of the railway infrastructure in question to Infrabel upon the expiry of the operating rights of the operating society;
3° to pay to the operating company an annual contribution to Infrabel for the duration of the Project;
4° to pay for the collection by railway companies of a royalty on tickets issued for the carriage of passengers at the departure or destination of the Brussels-National airport and the retrocession of this royalty for the benefit of the operating company;
5° to pay to the operating company an annual dependant contribution of railway companies using the railway network for the national passenger transport, equal to the highest of the following two amounts:
- 0.5% of the turnover (excluding VAT) made by the railway company concerned on the sale of tickets issued for the national passenger transport in the calendar year preceding the year for which the fee is due; and
- 0.5% of the turnover (excluding VAT) made by the railway company concerned on the sale of tickets issued for the national passenger transport in the 2004 calendar year, indexed according to the health index.
6° to give assurances to the operating company regarding the completion by Infrabel of complementary work to the railway network, including the link to Mechelen and the return to Brussels via the central ridge of the E19 motorway, on the stability of operating conditions and in the event of the occurrence of force majeure events;
7° to promote the feasibility of certain funding modes that may improve the terms and conditions of the project funding;
8° to organize an appropriate administrative control over the management, financing and execution of the Project.
Art. 361. § 1^er. Orders made under section 360 may amend, supplement, replace or repeal existing legal provisions.
§ 2. Orders referred to in § 1^er cease to produce their effects if they have not been confirmed by law within 12 months of their effective date. Confirmation is retroactive to the last date.
§ 3. The powers granted to the King by this article expire 31 December 2007.
CHAPTER III - Mobility
Art. 362. The measures taken by the operator of the Brussels-National airport pursuant to Regulation (EC) No. 2320/2002 of the European Parliament and of the Council of 16 December 2002 on the establishment of common rules in the field of civil aviation safety and approved by the Director General of General Directorate Transport of the SPF Mobility and Transport, are deemed to be imposed unilaterally with retroactive effect by the public authorities from the time the measures taken by the public authorities
CHAPTER IV - Railway Infrastructure Fund
Art. 363. In order to facilitate the implementation of the reform of the railway infrastructure management structures, the King may, by order deliberately in the Council of Ministers, take all necessary measures, if applicable with effect to 1^er January 2005, with a view to:
1° to adapt the legal status, operating rules, financing and accounting regime of the Railway Infrastructure Fund referred to in Article 6 of the Royal Decree of 14 June 2004 on the reform of railway infrastructure management structures (hereinafter referred to as the "Fund");
2° to allow the Fund to enter into similar swaps or agreements with financial institutions to align the financial flows related to the borrowings and other debts of the Fund with the rate of depreciation of the railway infrastructure it holds;
3° to specify the assets referred to in Article 14, § 1^er, 1°, of the Royal Decree of 14 June 2004, as amended by the Royal Decree of 18 October 2004, and the conditions for the transfer of these assets to the Fund;
4° to adapt the conditions for the provision of railway infrastructure by the Fund in Infrabel and to specify the respective responsibilities of the parties.
Art. 364. Orders under Article 363 may amend, supplement, replace or repeal the legal provisions in force.
Orders referred to in the first paragraph cease to produce their effects if they have not been confirmed by law within fifteen months of their effective date. Confirmation is retroactive to the last date.
The powers granted to the King by this article expire 31 December 2007.
Promulgate this law, order that it be clothed with the seal of the State and published in the Belgian Monitor.
Given in Brussels on 20 July 2006.
ALBERT
By the King:
The Prime Minister,
G. VERHOFSTADT
The Minister of Justice,
Ms. L. ONKELINX
Minister of Finance,
D. REYNDERS
Minister of Budget and Protection of Consumer Affairs,
Ms. F. VAN DEN BOSSCHE
The Minister of the Interior,
P. DEWAEL
Minister of Defence,
A. FLAHAUT
Minister of Economy, Energy and Foreign Trade,
Mr. VERWILGHEN
Minister of Social Affairs and Public Health,
R. DEMOTTE
Minister of Average Class,
Mrs. S. LARUELLE
Minister of Development Cooperation, A. DECKER
Minister of Public Service and Social Integration,
Ch. DUPONT
Minister of Mobility,
R. LANDUYT
Minister of Pensions,
B. TOBBACK
Minister of Employment,
P. VANVELTHOVEN
The Secretary of State for Sustainable Development,
Ms. E. VAN WEERT
The Secretary of State for Public Enterprises,
B. TUYBENS
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Note
(1) House of Representatives.
Documents:
Doc 51 2518/ (2005/2006):
001: Bill.
002 to 016: Amendments.
017 and 018: Reports.
019 and 020: Amendments.
021 and 022: Reports.
023: Amendments.
024 to 029: Reports.
030: Text adopted by the Committees.
031: Amendments.
032: Text adopted in plenary and transmitted to the Senate.
See also:
Full report: 28-29 June 2006.
Senate.
3-1775 - 2005/2006:
Number 1: Project referred to by the Senate.
No. 2: Amendments.
Nos. 3 to 7: Reports.
No. 8: Text corrected by the commissions.
No. 9: Amendments.
No. 10: Decision not to amend.
Annales du Sénat : July 13, 2006.