27 DECEMBER 2005. - Act respecting various provisions (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted in 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. - Amendments to certain provisions of the Judicial Code
Art. 2. Article 1409, § 1^erParagraph 1^er, from the Judicial Code, the words "as well as the holiday pay under the annual holiday legislation" are introduced between the words "under the authority of another person" and the words "may be surrendered or seized without limitation".
Art. 3. Article 1410, § 1^er, 6°, of the same Code is repealed.
Art. 4. In the same Code, an article 1411bis reads as follows:
"Art. 1411bis. § 1^er. The restrictions and exclusions set out in sections 1409, 1409bis and 1410 are also applicable if the amounts covered by these items are credited to an open-ended account with a credit institution referred to in section 1^er Act of 22 March 1993 relating to the status and control of credit institutions.
§ 2. The debtor may prove by any means of law that amounts that are elusive and inceivable under sections 1409, 1409bis and 1410 have been credited to a prominent account that has been seized or disposed of.
The amounts paid by the employer of the debtor on an account in respect of the debtor are, until proof of the contrary, deemed to be partially elusive or inceivable in accordance with section 1409, § 1^er. This presumption is only in the relationship between the debtor and its creditors.
§ 3. The King shall determine, by order deliberately in the Council of Ministers, the terms and conditions that permit a particular code to be indicated in respect of the amounts referred to in 1409, 1409bis and 1410 at the time of the registration of these amounts to the credit of the account in sight. This particular code is mentioned on the extract from the account in sight.
The latter obligation does not apply to the registration of an account in respect of a cash payment, except in the cases and in the manner determined by the King.
§ 4. A payment order on an account in respect of an amount referred to in Articles 1409 and 1410, §§ 1^er, 2° to 8°, and 2, communicates the code referred to in § 3 to its financial agency, which in turn communicates it to the credit institution with which the account is opened.
§ 5. The order donor referred to in § 4 who fails to assign a particular code or who fails to communicate this code to his financial organization, of which it is referred to in § 4, is punished by a fine of 200 euros to 5.000 euros.
The preceding paragraph does not apply to sum-order donors referred to in 1409bis and 1410, § 1^er1°.
The donor who fraudulently assigns a particular code to amounts other than those referred to in 1409, 1409bis or 1410 is liable to a fine of 200 euros to 5.000 euros.
The provisions of Book I^er the Criminal Code, including those of Chapter VII and section 85 shall apply to offences under this section.
§ 6. The principal who fraudulently assigns a particular code to amounts other than those referred to in 1409, 1409bis or 1410, cited for that purpose before the judge of the seizures, may be declared debtor, in whole or in part, of the causes of the seizure or assignment, as well as of the costs of the seizure, without prejudice to any damages or interest to the party if applicable. »
Art. 5. In the same Code, an article 1411ter reads as follows:
"Art. 1411ter. § 1^er. In the event of seizure or transfer of amounts referred to in Article 1411bis, § 1^erthe restrictions and exclusions referred to in sections 1409, 1409bis and 1410 shall be applied for a period of thirty days from the date of the registration of these amounts to the credit of the account in advance.
However, where protected amounts are subject to a total payment on a stand-by account while they relate to a period of more than one month, the protection is applied for a corresponding period of time, as of the date of the registration of these amounts to the credit of the stand-by account. For the purposes of this paragraph, a month shall be thirty days.
§ 2. The calculation of the portion of the unseparable or unsecurable balance of the account shall be prorated by the number of days remaining in the period referred to in § 1^er since the registration of amounts that are elusive or unresponsive to the credit of the account.
§ 3. Section 1411 does not apply to cases referred to in this section. »
Art. 6. In the same Code, an article 1411quater reads as follows:
"Art. 1411quater. § 1^er. In the event of seizure of an account, the credit institution shall disclose in the declaration referred to in section 1452 a list of amounts with a code credited during the thirty-day period preceding the date of seizure.
In the event of a transfer of an amount credited to an account in advance, the credit institution shall communicate by registered letter to the position at the bailiff, the assignee or the creditor, within fifteen days of receipt of the change, the balance of the account and a list of amounts with a code credited during the thirty-day period preceding the date of the assignment and the date on which such amounts have been credited.
§ 2. If the seizure or assignment is served by a bailiff, the bailiff shall establish the deposit referred to in Article 1411ter, § 2.
Unless the seizure or assignment is invalid, the bailiff sends this deposit to the debtor by registered letter to the post with receipt within eight days of the notification of the declaration referred to in § 1^er.
If the seizure or assignment is null and void, it shall send a copy of the deposit to the credit establishment by registered letter to the position with receipt within eight days of notification of the declaration referred to in § 1^er. Upon receipt of the copy by the credit institution, the debtor may freely dispose of the unseparable or inceivable amounts referred to in the account.
2. If the seizure or assignment has not been served by a bailiff, the assignee or creditor shall establish the deposit referred to in Article 1411ter, § 2.
If the seizure or assignment is invalid, the debtor shall send the deposit to the debtor by registered letter to the post with acknowledgement of receipt within eight days of notification of the declaration referred to in § 1^er.
If the seizure or assignment is null and void, it shall send a copy of the deposit to the credit establishment by registered letter to the position with receipt within eight days of notification of the declaration referred to in § 1^er. Upon receipt of the copy by the credit institution, the debtor may freely dispose of the unseparable or inceivable amounts referred to in the account.
3. Unless the seizure or assignment is invalid, the recommended letter to the post with acknowledgement of receipt sent to the debtor is accompanied by a response form to which the King determines the model.
4. If the debtor fails to dismiss, the debtor shall communicate to the sender, by registered letter to the post with acknowledgement of receipt, his observations by means of the response form within eight days of the submission to his home of the recommended letter to the post with acknowledgement of receipt.
5. Upon termination, the bailiff, the creditor or the assignee shall, within five days from the date of the submission to the address mentioned in the response form, file the recommended letter to the post with acknowledgement of receipt, containing the observations of the debtor, a copy of the count and the standardized response form with the observations of the debtor.
The Judge of Seizures shall determine the day and time for the examination and resolution of difficulties, the creditor or the assignee and the debtor previously heard or summoned.
The Clerk summons the parties and, where appropriate, warns the instrumentant bailiff.
The judge of the seizures shall rule all cases that are ceaseless, both in the presence and in the absence of the parties.
His ordinance is not subject to opposition or appeal. »
Art. 7. In article 1452, paragraph 2, of the same Code, it is added a point 4, which reads as follows:
« 4° Where applicable, amounts with a code that have been recorded on the credit of an account and the date of their registration if they have been registered in the thirty days preceding the date of the seizure. »
CHAPTER II. - Amendment of the Act of 12 April 1965
concerning the protection of workers ' remuneration
Art. 8. In Article 5, § 6, of the Act of 12 April 1965 concerning the protection of the remuneration of workers, the words "of office" are replaced by the words "at the request of the worker".
CHAPTER III. - Repeal of the Act of 14 June 2004 on the inseizability and insecurability of the amounts provided for in articles 1409, 1409 bis and 1410 of the Judicial Code when these amounts are credited to a prominent account
Art. 9. The Act of 14 June 2004 on the inseizability and insecurability of amounts provided for in sections 1409, 1409bis and 1410 of the Judicial Code when these amounts are credited to a prominent account, as amended by the Act of 20 July 2005, is repealed.
CHAPTER IV. - Amendment of Article 44/1
of the Police Functions Act of 5 August 1992
Art. 10. Section 44/1 of the Police Functions Act of 5 August 1992, inserted by the Act of 7 December 1992 and amended by the Acts of 2 April 2001, 26 April 2002 and 3 May 2003, is supplemented by the following paragraph:
"The King determines which data and information may also be communicated to LA POSTE, without prejudice to the application of Article 13, § 3, of the Law of 21 March 1991 on the reform of certain economic public enterprises, with a view to the administrative treatment of immediate perceptions, by a deliberate decree in the Council of Ministers that sets out the terms after notice of the Commission on the Protection of Privacy. »
CHAPTER V. - Entry into force
Art. 11. With the exception of this article and articles 2, 3, 9 and 10, the King shall determine the date of entry into force of the provisions of this title, which shall take place no later than 1^er January 2007.
PART III. -Protection and Economy
CHAPTER I^er. - Amendments to the Act of 9 February 1994
on the Safety of Products and Services
Art. 12. Article 3 of the Act of 9 February 1994 on the Safety of Products and Services, as amended by the Act of 18 December 2002, is supplemented as follows:
"7° international standards. »
Art. 13. In section 6, third paragraph, of the Act, as amended by the Act of April 4, 2001, the words "When a product" are replaced by the words "As long as a product".
Art. 14. Article 7, § 2, of the Act, is supplemented by the following paragraph:
"These measures include:
- the indication, by means of the product or its packaging, of the identity and contact details of the producer and the reference of the product or, if any, of the lot of products to which it belongs, except in cases where the omission of this indication is justified;
- in all cases where this is appropriate, the conduct of sample tests on marketed products, the examination of claims and, where appropriate, the keeping of a claim register and the information of distributors by the producer on the monitoring of these products. »
CHAPTER II. - Insurance
Section 1^re. - Insurance companies
Art. 15. In Article 2, § 3, 4°, of the Act of 9 July 1975 on the Control of Insurance Companies, amended by the Royal Decree of 28 April 2003 and the Act of 20 July 2005, the words "for persons referred to in Article 54 above" are deleted.
Art. 16. Section 15 produces its effects on 1^er January 2004.
Section 2. - Insurance products
Art. 17. Article 9bis, § 1^er, of the Act of 21 November 1989 on compulsory liability insurance for self-propelled vehicles, inserted by the Act of 2 August 2002, is supplemented by a second paragraph, which reads as follows:
"The Board is not considered an insurance intermediary within the meaning of the Act of 27 March 1995 on insurance intermediation and the distribution of insurance. »
Art. 18. Article 68-9, § 1^er, of the Act of 25 June 1992 on the Land Insurance Contract, inserted by the Act of 21 May 2003 and amended by the Act of 17 September 2005, is supplemented by the following paragraph:
"The Board is not considered an insurance intermediary within the meaning of the Act of 27 March 1995 on insurance intermediation and the distribution of insurance. »
CHAPTER III. - Intellectual property
Section 1^re. - Amendments
Act of 28 March 1984 on Invention Patents
Art. 19. In section 60 of the Act of 28 March 1984 on invention patents, amended by the Act of 12 June 2001 and the Act of 28 April 2005, a paragraph 2bis is inserted, as follows:
“§ 2bis. The King shall take the measures that, in the area of access to the profession of a professional agent and exercise of that professional activity, are necessary for the fulfilment of the obligations arising from the Treaty establishing the European Economic Community or the provisions enacted under this Treaty which are related to the requirements of diploma, certificate or other titles. »
Section 2. - Confirmation of the Royal Decree of 17 September 2005 amending the Royal Decree of 24 October 1988 relating to the composition and operation of the Board of Accreditation of Agents in respect of invention patents and the registration and deletion of the Register of Chartered Agents in respect of invention patents
Art. 20. The Royal Decree of 17 September 2005 amending the Royal Decree of 24 October 1988 relating to the composition and operation of the Board of Registration of Agents in respect of invention patents and the registration and deletion of the Register of Chartered Agents in respect of invention patents is confirmed with effect on the date of its entry into force.
CHAPTER IV. - Consumer credit
Art. 21. In Article 77, § 2, paragraph 1^er, 1°, of the Act of June 12, 1991 on consumer credit, amended by the Royal Decree of April 4, 2003, the words "if it is a corporation" are inserted between the words "commercial society" and the words "or in the form of a corporation".
PART IV. - Social integration. - Amendment
Act of 8 July 1976
Art. 22. Article 57, § 2, paragraph 2, of the Act of July 8, 1976, of the public social action centres, replaced by the Act of December 22, 2003 and partially annulled by decision No. 131/2005 of the Court of Arbitration, is replaced by the following paragraph:
"In the case referred to under 2°, social assistance is limited to the material assistance necessary for the development of the child and is exclusively granted in a federal reception centre in accordance with the conditions and conditions established by the King. The presence in the reception centre of parents or persons who actually exercise parental authority is guaranteed. »
PART V. - Post and Telecommunications
CHAPTER I^er. - IBPT
Art. 23. In section 161 of the Act of 13 June 2005 on electronic communications, the words "or who made a notification in accordance with section 90 of the Act of 21 March 1991" are inserted between the words "economic public enterprises" and "are deemed".
Art. 24. Section 162 of the Act is replaced by the following provision:
"Art. 162. The obligations imposed on operators with significant market power by or under the Act of 21 March 1991 on the reform of certain economic public enterprises, as well as the obligations imposed by or under section 105bis, paragraphs 7 and 9, of the same Act, as enacted before its repeal by the Act of 13 June 2005, shall be maintained until, at the end of the analysis of the relevant market, »
CHAPTER II. - Electronic communications
Art. 25. In article 110, § 4, of the same law, the words "with a maximum of 5 numbers" are inserted after the word "subscribed".
CHAPTER III. - POST
Art. 26. Article 3, § 4, paragraph 2, of the Act of 21 March 1991 on the reform of certain economic public enterprises is repealed.
Art. 27. Article 144ter, § 3, of the same law is replaced by the following provision:
Ҥ3. The rates applied by La Poste for Universal Postal Services below evolve according to a formula established by Royal Decree deliberated in Council of Ministers, on the advice of the Institute:
- the universal postal services taken in a basket of small users, set by the above-mentioned Royal Order, provided at the egregated mail tariff;
- postal services reserved, with the exception of incoming cross-border mail, listed in section 144octies, regardless of the tariff regime applied.
In the event of a change in the rates of the above-mentioned services, all documents relating to the calculation of the cost of return are communicated to the Institute. »
Art. 28. In article 144decies of the same law the words "and La Poste" are inserted between the words "1.240.000 EUR" and the words "are obliged to contribute".
Art. 29. Article 144undecies, § 1^erthe following amendments are made:
1st paragraph 1^er is replaced by the following paragraph: "The Institute annually controls the costs of universal service calculated by the universal service provider. »;
2° in the third paragraph, "this calculation" is replaced by "the tasks listed in the first paragraph";
3° in the fourth paragraph, "calculation" is replaced by "the tasks listed in the first paragraph";
4° in the sixth paragraph, "allowing the calculation of the costs of the remaining universal postal service" is replaced by "allowing the control of the calculation of universal service costs".
Art. 30. Section 26 comes into force on September 24, 2005.
CHAPTER IV. - Telecommunications Mediation Service
Art. 31. In section 43bis of the Act of 21 March 1991 on the reform of certain economic public enterprises, inserted by the Act of 19 December 1997 and amended by the Act of 13 June 2005, the following amendments are made:
1° § 5 is supplemented by a second and a third paragraph written as follows:
"After the expiry of the period referred to in the preceding paragraph, the mediation service sends a reminder to the undertaking concerned. It shall have a period of twenty working days to justify its decision in case it does not follow the recommendation referred to in § 3, 3°. The reasoned decision is sent to the complainant and to the mediation service.
By failing to comply with the deadlines referred to in the preceding paragraphs, the company concerned undertakes to implement the recommendation with respect to the specific and personal intervention to the complainant concerned. »
2° A § 6 is added as follows:
“§ 6. If a consumer's complaint is declared admissible by the mediation service, the collection procedure is suspended by the operator for a period of up to four months from the day the complaint was filed with the mediation service or until the mediation service makes a recommendation or until agreement is reached on a transactional settlement. »
PART VI. - Administrative simplification
Reducing retention times and electronic archiving
Art. 32. Section 60 of the Value Added Tax Code, as amended by the Acts of 28 December 1992 and 28 January 2004, is amended as follows:
1° to § 1^erParagraph 1^er, the words "for ten years" are replaced by the words "for seven years";
2° to § 3, paragraphs 3 and 4 are replaced by the following paragraphs:
"Electronic invoices must be retained in their original form, including data guaranteeing the authenticity of the origin and integrity of the contents of each invoice. The preservation of an electronic invoice means a storage by means of electronic data retention equipment including digital compression.
The invoices received by paper are kept in their original or digital form. In the case of digital preservation, the technologies used or the means of procedure must ensure the authenticity of the origin and integrity of the contents of the invoices. »;
3° to § 4, the words "and determine the mode of conservation" are deleted and the comma before the words "an exemption from the obligation to preserve" is replaced by the word "and".
PART VII. - Energy
CHAPTER I^er. - Oil
Section 1^re. - Fund social mazout
Art. 33. The Royal Decree of 20 January 2005 establishing the terms and conditions for the operation and financing of a Mazout Social Fund is confirmed with effect on 24 January 2005, the date of its entry into force.
Section 2. - Task reduction
Oil Products Analysis Fund
Art. 34. § 1^er. The Petroleum Products Analysis Fund, established by the Organic Law of 27 December 1990 creating budgetary funds, may pre-financing, through reimbursement, expenditures made or studies commissioned by the funds/organs created by the Minister with energy in his or her responsibilities and whose objective is to control the quality of petroleum products and substitute products and/or improve the security of supply and/or the safety of the final consumer.
§ 2. The Petroleum Products Analysis Fund ensures the processing, development and dispatch of the contribution statements for the collection of contributions to petroleum products and substitute products for the financing of the funds and bodies created for these products by the Minister with energy in his or her responsibilities.
To this end, the Petroleum Products Analysis Fund receives compensation from these funds and bodies set out in a cooperation agreement between the Petroleum Products Analysis Fund and other funds/organes.
§ 3. The authorized expenditures under section 32-7 of the Organic Law of 27 December 1990 creating budgetary funds are supplemented by an authorized expenditure as follows:
"Pre-financing, through reimbursement, of expenditures made or studies commissioned by the funds/organs created by the Minister with energy in his or her responsibilities and whose objective is to control the quality of petroleum products and substitute products and/or improve the security of supply and/or the safety of the final consumer of petroleum products. »
§ 4. The income under section 32-7 of the Organic Law of 27 December 1990 creating budgetary funds is supplemented by the affected income as follows:
" - Compensation for the processing, development and shipment of contribution statements for the collection of contributions to petroleum products and substitute products for the financing of these various funds and bodies created for these products by the Minister with energy in his or her responsibilities.
- Reimbursement of the pre-financing of expenditures made or studies commissioned by the funds/organs created by the Minister with energy in his or her responsibilities and whose objective is to control the quality of petroleum products and substitute products and/or improve the security of supply and/or the safety of the final consumer of petroleum products. »
Section 3. - Signature of the Program Agreement
Art. 35. Article 1^er of the Law of 22 January 1945 on Economic Regulation and Prices, as amended by the Law of 23 December 1969, is supplemented by § 4, as follows:
Ҥ4. The Minister of Economy can also conclude programme contracts with professional associations.
If the professional association or several professional associations with which a program contract is concluded, are representative for at least 60% of the number of companies in the sector, the program contract becomes binding for the entire sector. »
Section 4. - Phased payment
Art. 36. For the purposes of this section, it shall be understood by:
1° consumer: any natural person, who, for exclusively non-professional purposes, or any natural or legal person who manages an apartment building, purchases or uses heating gasoil to heat the individual or family dwelling, excluding secondary residences;
2° merchant: any merchant, natural or legal person, registered in the list in accordance with section 34, who for his or her own account, on behalf of third parties or for his or her own needs distributes, offers for sale or sale, book or transport of the heating gasoil in the course of his or her professional activity or in order to achieve his or her statutory purpose. These persons must be registered at SPF Economie, Direction générale énergie, Division Petroleum;
3° administration: the Federal Public Service (SPF) Economics, P.M.E., Average Classes and Energy;
4° Minister: Minister who has economic affairs in his powers.
Art. 37. The administration draws a scalable list of merchants who are registered with this public service in order to provide heating gasoil to consumers, on the basis of the contract set out in this Act. This list is based on geographical distribution. The administration ensures the proper publication of this list. The King sets out, by deliberate decree in the Council of Ministers, the number of traders according to geographical distribution and population density.
If it appears, after assessing this list, that no merchant is registered within a geographic radius of 25 kilometres around certain places, the King may, by order deliberately in the Council of Ministers, take the appropriate measures to offer consumers living in this radius the opportunity to benefit from the provision of heating gasoil with phased payment.
Art. 38. The contract for the supply of heating gasoil with instalment payment is an exclusive contract between a registered merchant and a consumer to whom the supply of heating gasoil with instalment payment without interest or costs is granted. The Consumer Credit Act of 12 June 1991 is not applicable to this contract.
Art. 39. The minimum conditions to be met by the contract, under penalty of nullity, shall be determined by the King by a deliberate decree in the Council of Ministers.
The competent officials to investigate and note the offences under this Act are designated by the Minister in accordance with Article 113 of the Trade and Information and Consumer Protection Act of 14 July 1991.
Art. 40. A fine of twenty-five to thousand euros shall be punished by those who contravene the legal provisions of articles 35 and 36.
The King may provide for criminal penalties for offences under the provisions of the enforcement orders of this Act which he designates. These sanctions cannot exceed a fine of one thousand euros.
The provisions of the first book of the Criminal Code apply to offences referred to in 1^er and 2nd preambular paragraph. Corporations are civilly liable for fines to which their directors, managers, or agents are sentenced for such offences.
Art. 41. All existing contracts with instalment payment must be adapted for 30 June 2006 under the minimum conditions, as fixed by the King by a deliberate order in Council of Ministers.
Art. 42. This chapter comes into force on 1^er January 2006.
CHAPTER II. - Modications of the law of 12 April 1965
related to the transport of gaseous and other products by pipelines
Art. 43. Article 15/11, § 2, of the Act of 12 April 1965 on the carriage of gaseous and other products by pipeline, inserted by the Act of 20 March 2003, is replaced as follows:
Ҥ2. The natural gas storage facility manager allocates the capabilities of existing storage facilities by priority to holders of a supply authorization that supplies gas distribution facilities.
The King may, after notice by the Commission and by order deliberately in the Council of Ministers, limit the right of priority allocation to a portion of the existing storage capacity in the event that new storage capacity is developed and subject to the maintenance of a priority storage capacity allocation to the holders of a supply authorization that supplies the gas distribution facilities at least equal to the capacity allocated to them in accordance with this paragraph prior to the development of new storage capacity. »
PART VIII. - Animals, plants and food
CHAPTER I^er. - Amendment of the Royal Decree of 22 February 2001 organizing the controls carried out by the Federal Agency for the Safety of the Food Chain and amending various legal provisions
Art. 44. An article 3ter, written as follows, is inserted in the Royal Decree of February 22, 2001 organizing the controls carried out by the Federal Agency for the Safety of the Food Chain and amending various legal provisions:
"Art. 3ter. In order to allow on-site controls, operators and managers of buildings serving as a border inspection post make available to Agency staff the necessary premises and equipment in accordance with the terms and conditions established by Us".
CHAPTER II. - Amendment of the Act of 9 December 2004 on the financing of the Federal Agency for Food Chain Security
Art. 45. In Article 11 of the Act of 9 December 2004 on the financing of the Federal Agency for the Safety of the Food Chain, a paragraph 2bis is inserted, as follows:
“§ 2bis. Before the due date referred to in § 1^er, the operator who is found, following a case of force majeure, unable to pay the contributions and retributions within the prescribed time limit, may submit a request to the Minister by registered letter to the post to receive a payment plan.
Under this posting plan, the Minister may fully or partially waive majorations and/or late interest.
Failure to comply with the affixing plan shall result in full termination of the affixing plan and debiting of the late interest and increases referred to in § 1^er. »
CHAPTER III. - Amendment of the Act of 4 February 2000 on the Establishment of the Federal Agency for Food Chain Security
Art. 46. In section 7 of the Act of 4 February 2000 on the establishment of the Federal Agency for the Safety of the Food Chain, paragraph 4 is replaced by the following provision:
"The King shall determine by order deliberately in the Council of Ministers the composition of the committee, the terms and conditions of designation of its members, its functioning and its date of installation. »
CHAPTER IV. - Confirmation of the Royal Decree of 18 February 2005 setting out mandatory contributions to the Health and Quality of Animals and Animals Fund, Milk Sector
Art. 47. The Royal Decree of 18 February 2005 setting out mandatory contributions to be paid to the Budget Fund for the Health and Quality of Animals and Animals, Milk Sector, is confirmed from 1^er March 2005, date of its entry into force.
CHAPTER V. - Amendments to the Act of March 23, 1998 on the establishment of a Budget Fund for the Health and Quality of Animals and Animal Products
Art. 48. In Article 6, § 3, of the Act of 23 March 1998 on the establishment of a Budget Fund for the Health and Quality of Animals and Animals, the following sentence is inserted between the first sentence and the second sentence:
"In no way can the amount affected be higher than the mandatory contribution. »
Art. 49. In section 12 of the Act, the following provisions are inserted between the second and third dashes:
" - the amount that is not in accordance with the amount of the mandatory contribution authorized or set for repercussion, or
- the one who, under the pretext of this law, has the mandatory contributions for which this law does not offer a legal basis, or".
CHAPTER VI. - Amendment of the Act of 28 August 1991
on the Exercise of Veterinary Medicine
Art. 50. Section 4, paragraph 4, of the Act of 28 August 1991 on the Exercise of Veterinary Medicine, as amended by the Acts of 2 August 2002 and 27 December 2004, is replaced by the following provision:
"In addition, veterinary physicians who cooperate in the enforcement of legal and regulatory provisions must be previously approved by the Minister who has Public Health in his or her duties or delegate. The King sets the conditions and procedure for granting the approval. It determines the rights and duties of licensed veterinary physicians and the method of remuneration of their services. It determines the penalties that may be imposed in the event of non-compliance with the conditions of licence, duties and legal and regulatory provisions to which licensed veterinary physicians cooperate. »
CHAPTER VII. - Amendment of the law
of 24 March 1987 on animal health
Art. 51. Section 9bis of the Act of 24 March 1987 on the health of animals, inserted by the Act of 21 December 1994, is replaced by the following provision:
"Art. 9bis. When one of the diseases on the lists of the World Organisation for Animal Health (OIE) referred respectively to in Chapter 2.1.1.3 of the Health Code for Terrestrial Animals and Chapter 1.1.3. of the Health Code for Aquatic Animals presents a sudden and unexpected increase in morbidity or mortality or its zoonotic impact, the Minister is authorized in the event of a serious danger of contamination and up to the eradication of contamination, to take any action of
The Minister is authorized to take these same measures when an emerging disease has a significant impact on morbidity or mortality or zoonotic disease. »
PART IX. - Mobility
CHAPTER I^er. - Confirmation of royal orders
Art. 52. In article 310, § 2, of the programme law of 27 December 2004 is added a paragraph written as follows:
"This order ceases to produce its effects if it has not been confirmed by a law within 12 months of its publication to the Belgian Monitor. Confirmation is retroactive to the date of entry into force of the above-mentioned order. »
Art. 53. In section 50 of the Act of 20 July 2005 on various provisions (II) is added a paragraph, as follows:
"This order ceases to produce its effects if it has not been confirmed by a law within 12 months of its publication to the Belgian Monitor. Confirmation is retroactive to the date of entry into force of the above-mentioned order. »
Art. 54. Section 53 of the Act is added a paragraph, which reads as follows:
"This order ceases to produce its effects if it has not been confirmed by a law within 12 months of its publication to the Belgian Monitor. Confirmation is retroactive to the date of entry into force of the above-mentioned order. »
CHAPTER II. - Promotion of combined transport
Art. 55. For the purposes of this chapter:
- intermodal transport unit: any terrestrial or maritime container, any mobile box or semi-trailer, referred to as UTI;
- intermodal trans-shipment centre: any facility where ICUs are trans-shipped from a ship or road vehicle to a railway car and vice versa, as described below as the trans-shipment centre;
- combined transport operator of goods using the railway mode: any company having an operating seat located in the territory of a Member State of the European Union, which assumes the contractual responsibility to transport by rail the intermodal transport units, below referred to as the operator.
Art. 56. A State budget subsidy may be granted to operators.
For the grant of this subsidy, only rail transport between two trans-shipment centres located on Belgian territory is considered.
Any organization, by rail, in Belgian territory, of the collection of ITU for the purpose of consolidating and consigning to other States, from their place of reunification to the various trans-shipment centres located in Belgian territory, is considered to be the railway transport referred to in paragraph 2.
The subsidy can only be granted when the combined rail part is equal to or greater than a distance of 51 kilometres.
Only ITUs transported under cover of a car letter from the domestic traffic may be subject to the subsidy.
Art. 57. The operator is required to impact the subsidy granted for the transport ordered by the customer.
The King regulates the control and punishment of this obligation.
Art. 58. The King determines the method of calculating the grant.
It sets out the procedure and modalities of its grant and regulates its payment.
The subsidy of a transportation operation cannot exceed 30% of its cost.
Art. 59. This chapter produces its effects on 1^er January 2005 and will cease to be in force on 1^er January 2008.
TITRE X. - Pensions - Amendment of the Act of 13 June 1966 on the retirement and survival pension of workers, employees, sailors sailing under Belgian flag, minor workers and free insured persons
Art. 60. Section 21 of the Act of 13 June 1966 on the retirement and survival pension of workers, employees, sailors sailing under the Belgian flag, minor workers and free insured persons, as last amended by the Act of 22 March 2001, are amended as follows:
1° in § 3, paragraph 3, the words "five years" are replaced by the words "three years";
2° in the same § 3, the following paragraph is inserted between paragraphs 3 and 4:
"By derogation from the time limits mentioned in the first, second and third paragraphs, the time limit for action in repetition of benefits paid unduly as a result of the exercise of a professional activity whose income exceeds the limit amounts fixed or as a result of the benefit of social benefits is increased to three years. However, the requirement shall not take place, in the event of exceedance of the fixed limit amounts, until 1^er June of the calendar year following that in which this exceedance occurred. »;
3° in the same § 3, paragraph 4, which becomes paragraph 5, the words "paragraphs 1^er to 3" are replaced by the words "paragraphs 1^er 4”;
4° in § 5 the words "except in the cases referred to in § 3, paragraph 3," are replaced by the words "except in the cases referred to in § 3, paragraphs 3 and 4,".
Art. 61. In order to maintain, with respect to the limitation periods in the event of a repetition of benefits paid unduly, the uniformity of the rules provided for in the various pension plans, the King may take the necessary measures. It may, if necessary, amend the law.
Art. 62. The provisions of this title come into force on 1^er January 2006.
PART XI. - Average grades
Section 1^er. - Increased collection of contributions
Social Security of Independent Workers
Art. 63. In Article 95 of the Act of 30 December 1992 on social and other provisions, amended by the Act of 27 December 2004, a § 1 is inserted^erbis, as follows:
« § 1^erbis. Without prejudice to their right to quote before the judge, social insurance funds may, as a receiving body of contributions, also collect the amounts due to them by means of constraint.
The King regulates the conditions and conditions of prosecution by means of constraint, as well as the costs resulting from the prosecution and their charging. »
Art. 64. An article 95bis, as follows, is inserted in the same law:
"Art. 95bis. Sections 16bis, 16ter and 23ter of Royal Decree No. 38 organizing the social status of the independents apply in this chapter. »
Art. 65. In Article 9 of the Act of 13 July 2005 concerning the establishment of an annual dependant assessment of certain organizations, a § 1 is inserted^erbis, as follows:
« § 1^erbis. Without prejudice to his right to quote before the judge, the National Institute may, as a body that collects contributions, also collect amounts due to him by constraint.
The King regulates the conditions and conditions of prosecution by means of constraint, as well as the costs resulting from the prosecution and their charging. »
Art. 66. Article 9bis, as follows, is inserted in the same law:
"Art. 9bis. Sections 16bis, 16ter and 23ter of Royal Decree No. 38 of 27 July 1967 organizing the social status of the independents apply in the context of this Act. »
Art. 67. In Article 16bis, § 1^er, from Royal Decree No. 38 of 27 July 1967 organizing the social status of the independents, inserted by the law of 20 July 2005, the words "given" are replaced by the words "may give rise".
Art. 68. In Article 16ter, § 1^er, of the same order, inserted by the law of 20 July 2005, the words "authentic copy" are replaced by the words "certified true copy or certified complete, accurate and true copy by all contracting parties".
Art. 69. In section 23ter of the same order, inserted by the Act of 20 July 2005, the following amendments are made:
1° in § 1^er, 2^e the words "or, if not, by registered letter to the post" are deleted;
2° in § 2 and § 3, paragraph 2, the words "or, if not, by registered letter" are deleted;
3° § 7, paragraph 2, is replaced by the following provision:
"This certificate must certify that the owner or usufruitar is not obligated to the issuing agency or that the legal mortgage guaranteeing the amounts due has been registered. »;
4° § 8, paragraph 1^er, is replaced by the following provision:
"Public servants 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 to the receiving agency of the contributions by the owner at the time of the sale, if they do not notify the receiving agency of the contributions, no later than 2 working days after the sale, by means of a procedure using the telematics and telematics techniques. »;
5° § 8, paragraph 2, is replaced by the following paragraphs:
"The date on which the notice is sent is that of the acknowledgement of receipt communicated by the receiving agency of the contributions.
The notification of the amount of the amounts due by the receiving agency of the contributions, by means of a procedure using the computing and telematics techniques, no later than before the expiry of the 8th day following the date of shipment of the notice referred to in the preceding paragraphs, shall take precedence in the hands of public officials or departmental officers 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. »;
6° in § 9, paragraph 1^er, the words "only by registered letter to the position" are inserted between the words "speak" and "avis";
7° in § 11, paragraph 2, the words "the execution modalities as well as" are inserted between the words "determines" and "thes";
8° § 11 is supplemented by the following paragraph:
"In cases where the notices mentioned above, addressed to or emanating from the receiving agency, are communicated through a procedure using the techniques of computing or telematics, the persons concerned are identified by means of the identification number referred to in Article 8 of the Act of January 15, 1990 relating to the institution and organization of a Bank-road Crossroads of Social Security or the identification number referred to in Article 8 of the Law of January 15, 1990 »
Art. 70. Section 116 of the Act of 20 July 2005 on various provisions is replaced by the following provision:
“Articles 112 and 113 come into force on 1^er January 2006.
Section 114 comes into force on 1^er October 2005.
Section 115 comes into force on 1^er January 2006 in that he inserts §§ 7, 9 and 10 in article 23ter of Royal Decree No. 38 of 27 July 1967 organizing the social status of the independents.
Article 115 comes into force on a date determined by the King in that he inserts § 8 in Article 23ter of the same order.
Article 115 comes into force on a date determined by the King in that he inserts §§ 1^er 6 in article 23ter of the same order. »
Art. 71. Articles 64 and 66 of this chapter come into force on 1^er January 2006.
Section 70 comes into force on December 31, 2005.
CHAPTER II. - The annual dependant contribution of certain organizations
Art. 72. Section 4 of the Act of 13 July 2005 on the establishment of an annual dependant assessment of certain organizations is amended as follows:
1° the second paragraph is supplemented by the words "406.15 (base 1971 = 100)";
2° the article is supplemented by the following paragraphs:
"In order to calculate the contribution for a specified year, the amount referred to in the preceding paragraph is multiplied by a fraction of which the denominator is 406,15 and the numerator is the Consumer Price Index for the month of November of the year preceding that for which the contribution is due.
By derogation from the preceding paragraph, the increase in the amount referred to in the second paragraph shall be applied only if the amount duly indexed exceeds EUR 10 in the amount in force. The amount of the increase is rounded to the lower number of EUR 10. »
Art. 73. This chapter produces its effects on 1^er January 2005.
CHAPTER III. - Amendments to the Act of 13 August 2004
relating to the authorization of commercial settlements
Art. 74. Article 2, § 1^er, 3°, of the Act of 13 August 2004 relating to the authorization of commercial settlements, is supplemented by the following paragraph:
"In the event of an extension, the net commercial surface to be considered for the purposes of this Act is the total surface after the completion of the commercial settlement project. »
Art. 75. In article 3, § 2, of the same law the first sentence is replaced by the following provision:
"The following projects are governed by the simplified procedure provided for in section 10, provided that the existing commercial establishment has at the time of the extension or relocation of an authorization issued on the basis of the Commercial Settlements Act of 29 June 1975, or on the basis of sections 7, 8 or 11 of this Act:".
Art. 76. The following amendments are made to section 4 of the Act:
1° to § 2, 1°, b), the words "this member is secretary; are deleted;
2° the article is supplemented by a § 5, written as follows:
“§ 5. The Minister who has the middle classes in his responsibilities designates among the members of his administration the secretary of the National Socio-Economic Committee for Distribution. It participates in meetings and work of the Committee with an advisory voice. »
Art. 77. In Article 11 of the same Law, § 4 and § 5, paragraph 2, are repealed.
CHAPTER IV. - Amendments to the Act of 28 July 1992
making tax and financial provisions
Art. 78. Article 74, § 1, 8°, of the Act of 28 July 1992 on tax and financial provisions, inserted by the Act of 8 April 2003, is supplemented by the following words: "and to create subsidiaries for this purpose".
Art. 79. Section 78 produces its effects on 1^er January 2005.
CHAPTER V. - Amendment of the Act of 19 December 2005 on pre-contractual information in the framework of trade partnership agreements
Art. 80. In section 10 of the Act of 19 December 2005 on pre-contractual information in the context of trade partnership agreements, the words "on 1^er September 2005 are replaced by the words "on the date fixed by the King".
PART XII. - Public health
CHAPTER I^er. - Amendments to the Insurance Act
health care and allowances, coordinated on 14 July 1994
Section 1^re. - Radio-isotopes
Art. 81. Section 22, 4°, of the Compulsory Health Care Insurance Act, coordinated on 14 July 1994, replaced by the Act of 24 December 1999 and amended by the Act of 10 August 2001, is replaced as follows:
"4° decides to transmit to the Minister proposals to amend the nomenclature of health benefits referred to in Articles 23, § 2, 35, § 1^er, and 35, § 2ter, except when it is a proposal prepared by the Minister in accordance with Article 35, § 2, 3°, in which case the proposal must always be transmitted to the Minister. »
Art. 82. In section 27 of the Act, as amended by the Acts of 25 January 1999, 24 December 1999, 10 August 2001 and 24 December 2002, the following amendments are made:
1° in the first paragraph, the words "a Technical Council of Radioisotopes" are inserted between the words "a Technical Council of Diagnostic and Care Equipment" and the words "and a Technical Council of Implants";
2° in the second paragraph, the words "and Article 35, § 2ter" are inserted after the words "Article 35, § 2".
Art. 83. In section 29bis, paragraph 4, of the Act, item 4, inserted by the Act of 22 December 2003, is repealed.
Art. 84. Article 34, paragraph 1^er5°, of the same Act, as amended by the Acts of 2 January 2001, 22 December 2003 and 9 July 2004, item (d) is replaced as follows:
"(d) radioisotopes."
Art. 85. Section 35 of the Act, as amended by the Acts of 20 December 1995, 25 April 1997, 22 February 1998, 24 December 1999, 10 August 2001, 2 August 2002, 22 August 2002, 5 August 2003, 22 December 2003, 9 July 2004, 27 April 2005 and the Royal Decree of 25 April 1997, are amended as follows:
1° to § 1^erParagraph 1^er, the reference ", d)" is inserted between the words "benefits referred to in section 34, paragraph 1^er5°, b), c) and the words "and e";
2° § 2ter, inserted by the law of 22 December 2003, is replaced by the following provision:
§ 2ter. The King shall establish the nomenclature of the health benefits referred to in article 34, paragraph 1^er, 5°, d), and amend these and their rules of application. It determines the procedure that must be followed by those who request the admission, modification or removal of a product on the reimbursable radioisotopes list. It also defines the deadlines and obligations that must be met in the event of an application for admission, modification or deletion. »
Art. 86. Articles 81, 82, 84 and 85 come into force on 1^er January 2006.
Article 83 comes into force on a date to be determined by the King.
Section 2. - Drugs
Art. 87. Section 29bis, paragraph 3, of the Act, inserted by the Act of 27 December 2004, is replaced by the following paragraph:
"The chairmanship of the Commission is provided by an expert in the field of medicines, designated for a period of up to 6 years renewable by the Minister who has social affairs in his responsibilities among experts working in a university institution. This function can be exercised either full-time or part-time. »
Art. 88. In article 35bis of the same law, inserted by the law of 10 August 2001 and amended by the laws of 24 December 2002, 22 December 2003, 9 July 2004 and 27 April 2005, it is inserted a § 15, as follows:
“§ 15. Where the list of refundable pharmaceutical specialties is appropriate in full law under this Act, it may be derogated from the legal and regulatory advice and agreement requirements, subject to information from the authorities concerned, except with respect to the competences provided for in the laws of the Council of State, coordinated on 12 January 1973. »
Art. 89. Section 35ter of the Act, inserted by the Act of 2 January 2001 and amended by the Act of 10 August 2001, the Royal Decree of 27 November 2002, the Act of 27 April 2005 and the Royal Decree of 10 August 2005, is replaced by the following provision:
"Art. 35ter. § 1^er. A new refund base is set for the specialties referred to in article 34, paragraph 1^er, 5°, c), (1), where a pharmaceutical specialty referred to in section 34, paragraph 1^er, 5°, c), 2), containing the same active principle, is refundable, and that the basis for reimbursement of the latter is or was, at the time of admission, less than 16 p.c. than that of the said specialties. To compare the bases of repayment of specialties to each other, it is taken into account the number of pharmaceutical units per conditioning, but neither the form of administration nor the dosage.
This new refund base is calculated on the basis of an ex-factory theoretical price, calculated as follows: the current ex-factory price is reduced by 30 p.c. and then increased margins for distribution and delivery as granted by the Minister who has the Economic Affairs in his duties and that they are applied to the pharmaceutical specialties delivered in non-profits open to the public, on the one hand, pharmacy and for those issued
The King may amend the percentages referred to in paragraph 1^er and 2 for the specialties and/or conditioning which He determines, according to the rules and conditions that He determines.
The adaptation of the reimbursement base referred to in paragraph 1^er a lieu de plein droit au 1^er January and 1^er July of each year; the list of suitable refundable pharmaceutical specialties is nevertheless published by ministerial decree to the Belgian Monitor in the second month preceding the date of entry into force of the new refund bases concerned.
§ 2. The reduction referred to in § 1^er is not applied to the injectable form of specialties or whose form of administration is recognized as having a specific therapeutic value significantly higher, unless a repayable specialty referred to in article 34, paragraph 1^er, 5°, c), 2), containing the same active principle and having the same form of administration, has a repayment base that is or was, at the time of its admission, less than 16 p.c. than the repayment base of the specialty that requests the application of this exemption.
The significantly higher specific therapeutic value of a form of administration is recognized according to the conditions set by the King, in comparison with other forms of administration of the repayable specialties containing the same active principle.
The list can be adapted monthly and straight to reflect recognized exceptions.
§ 3. For specialties whose reimbursement base has been reduced on the basis of § 1^er, applicants must choose, according to the rules and conditions defined by the King, between the following three options:
1° the public price is maintained at the level that was his at the time of the establishment of the new refund base;
2° the public price is reduced to a level that is higher than that of the new refund base;
3° or the public price is reduced to the level of the new refund base.
The list can be adapted monthly and straight to take into account the voluntary price reductions referred to in 2° and 3°.
§ 4. If, after fixing the new refund base on the basis of § 1^er, it turns out that there is no refundable specialty in the list that meets the criteria that may give rise to the application of § 1^er, then applicants of specialties whose basis of reimbursement has been reduced on the basis of § 1^er have one of the following:
1° or, when applied to § 3, 1°, or 2°, the refund base shall be returned to an amount equal to the public price in full right;
2° or, when it has been applied to § 3, 3°, the refund base is maintained at the level that is itss following the application of § 1^er. If later a pharmaceutical specialty can again give rise to the application of § 1^er, these specialties are exempt from the reduction.
The terms under which it is indicated that a pharmaceutical specialty is exempt from the application of § 1^er, are fixed by the King.
Art. 90. Section 89 comes into force on 1^er January 2006.
Art. 91. Section 37, § 2, of the Compulsory Health Care and Compensation Insurance Act, coordinated on 14 July 1994, amended by the Acts of 24 December 1999 and 10 August 2001, is supplemented by the following paragraph:
"Unless the conditions so laid down by the King, the Minister can fully adapt the list of refundable pharmaceutical specialties with respect to the amount of personal intervention. »
Art. 92. Article 34, paragraph 1^er, 5°, c), 2) of the same law, as amended by the laws of 2 January 2001 and 22 December 2003, is replaced by the following provision:
"(2) the medications registered in accordance with Article 2, 8°, 2 and 3, of the Royal Decree of 3 July 1969 concerning the registration of drugs, under conditions to be determined by the King. »
Art. 93. In section 35bis of the Act, inserted by the Act of 10 August 2001 and amended by the Acts of 24 December 2002, 22 December 2003, 9 July 2004 and 27 April 2005, the following amendments are made:
1° § 1^er is completed by the following paragraph:
"The Minister may annually proceed in full law and without taking into account the procedural rules referred to in this Act when the full list of repayable pharmaceutical specialties is republished, without making any changes to the content. »;
2° to § 2, paragraph 1^er1°, the definition of Class 3 is replaced by the following provision:
" - Class 3: Specialties registered in accordance with Article 2, 8°, 2 and 3, of the Royal Decree of July 3, 1969 concerning the registration of drugs, under conditions to be determined by the King. »
3° to § 4, paragraph 5, are made the following amendments:
- the words "on the basis of § 2, 2°" are replaced by the words "for budgetary considerations";
- the words "of the price and" are inserted between the words "adaptation proposals" and the words "of the refund base";
- the words "in terms of safety and/or efficiency" are replaced by the words "in terms of safety (in terms of comfort and adverse effects) and/or efficiency";
4° to § 9 the words "in accordance with the conditions laid down in EC Regulation No. 141/2000 of the European Parliament and of the Council of 16 December 1999 concerning orphan drugs" are replaced by the words "in accordance with the conditions of EC Regulation No. 141/2000 of the European Parliament and of the Council of 16 December 1999 concerning orphan drugs, in accordance with the conditions of Article 25, § 7, of the Royal Decree of 3 July 1969 concerning the registration of
Art. 94. In section 35quater, paragraph 2, of the Act, inserted by the Act of 27 April 2005, the following amendments are made:
1° the words « article 34, paragraph 1^er, 5°, c), 1) and 2) and the words "in article 34, paragraph 1^er, 5°, c), 1) or 2)" are replaced by the words "article 34, paragraph 1^er, 5°, c), 1)”;
2° the words "in terms of safety and/or efficiency" are replaced by the words "in terms of safety (in terms of comfort and adverse effects) and/or efficiency".
Art. 95. Article 37, § 3, paragraph 1^er2, 3 and 4 of the Act, as amended by the Acts of 22 December 2003 and 9 July 2004 and by the Royal Decree of 21 February 1997, is replaced as follows:
“§3. For drugs referred to in section 34, paragraph 1^er, 5°, (b), (c), (d) and (e), which are provided to beneficiaries who are covered in categories of hospitals that He defines, the King may provide for specific rules relating to the intervention of health care insurance and the personal intervention of beneficiaries. The scope of this paragraph may, at a date to be determined by the King, be extended to all drugs referred to in article 34, paragraph 1^er, 5°, (b), (c), (d) and (e), which are issued in a hospital informal.
This personal intervention may consist of a fixed amount per day of hospitalization, to be borne by all recipients in a hospital, for all the drugs referred to in the previous paragraph that are dispensed with. The personal intervention of the beneficiaries may also concern the drugs referred to in the previous paragraph that are not included in the list of repayable pharmaceutical specialties referred to in section 35bis.
Drugs referred to in paragraph 1^er shall be refunded on a lump sum up to a percentage to be determined by the King, with the exception of the drugs referred to in paragraph 1^er which are reproduced on a list prepared by the Minister according to the terms defined by the King.
The overall budget of the lump sum amounts is established annually by the General Council, following the advice of the Budget Control Commission, and is divided according to the rules determined by the King. The Insurance Committee is responsible for the follow-up of litigation, according to the procedure established by the King. »
Art. 96. Section 95 comes into force on a date to be determined by the King.
Section 3. - Miscellaneous provisions
Sub-section 1^re. - Conclusions of conventions
with clinical biology laboratories
Art. 97. Article 22, paragraph 1^erof the Compulsory Health Care and Compensation Insurance Act, coordinated on 14 July 1994, as amended by the Act of 20 December 1995, the Royal Decrees of 13 April 1997 and 25 April 1997 and the Acts of 22 February 1998, 25 January 1999, 24 December 1999 and 10 August 2001, are supplemented as follows:
"17° concludes agreements with clinical biology laboratories that have been recognized on the basis of the criteria established by the King as reference centers for the services of microbiology or molecular biology that He designates, provided that these benefits are not refunded via the nomenclature of health benefits referred to in section 35, § 1^er. The above-mentioned criteria established by the King are technical or scientific in nature or are related to programming. »
Art. 98. Section 97 produces its effects on 1^er January 2005.
Sub-section 2. - Care in short stay centres
Art. 99. In article 34, paragraph 1^er, 12°, of the Compulsory Health Care and Compensation Insurance Act, coordinated on 14 July 1994, as amended by the Act of 24 December 1999, the words "provided by old-age nursing homes, approved by the competent authority" are replaced by the words "provided by old-age homes or by short-term centres, and approved by the competent authority".
Subsection 3. - Tobacco treatment of pregnant women
Art. 100. Article 34, paragraph 1^er, 24°, of the same law, as amended by the law of 27 December 2004, is replaced by the following provision:
"24° intervention in drug assistance and assistance for smoking withdrawal in pregnant women and their partner. »
Art. 101. In Article 37, § 20, of the same law, inserted by the law of 22 February 1998 and amended by the law of 27 April 2005, the following amendments are made:
1° the words "at article 34, 14° and 25°" are replaced by the words "at article 34, 14°, 24° and 25°";
2° the words "this intervention is granted" are replaced by the words "the interventions are granted";
3° a second paragraph is added, as follows:
"The King may decide to extend the intervention for the benefit referred to in section 34, 24°, beyond delivery, for a period not exceeding six months. »
Sub-section 4. - Major intervention of insurance
Art. 102. Article 37, § 19, 5°, of the same law, replaced by the law of 9 July 2004, is replaced by the following provision:
"5°(a) children, registered as holders, who have a physical or mental disability of at least 66%;
(b) Dependants of children referred to in (a);
(c) Dependant children of the holders referred to in sections 32 and 33 who are physically or mentally incapacitated at least 66%.
The disability referred to in (a) and (c) is found by a doctor of the Federal Public Service Disability Branch.
The King determines the rules that the physical or mental disability of at least 66% is found. »
Art. 103. Section 102 produces its effects on 1^er May 2003.
Subsection 5. - Indexing of health benefits
Art. 104. Section 51, § 2, of the Compulsory Health Care and Compensation Insurance Act, coordinated on 14 July 1994, amended by the Acts of 24 December 1999, 12 August 2000, 14 January 2002 and 22 August 2002, and by the Royal Decree of 17 September 2005, is supplemented by the following paragraph:
"After approval of the annual partial budgetary objectives of one year x by the General Council, a convention or agreement committee may not find that there is a margin for indexing health benefits to 1^er January of the year x, in accordance with the terms fixed by the King under section 207bis, only on a date prior to December 31 of the year (x-1) and if the amount of the indexation is provided in the budgetary objective for the year x. After this date, it is up to the General Council, following the advice of the Budget Control Board, to determine whether there is sufficient margin to index health benefits that occurs on the first day of the month following the decision of the General Council. »
Sub-section 6. - Reference amounts
Art. 105. Section 56ter of the Act, inserted by the Act of 22 August 2002 and amended by the Acts of 24 December 2002 and 27 April 2005, are amended as follows:
1° § 1^er is completed as follows:
"The King may extend the application of the reference amounts to the benefits provided during a stay in a hospital setting that gives rise to the payment of a day plan as referred to in the agreement in force under section 46, or during any stay giving rise to the payment of a maintenance day fee. »;
2° § 4 is replaced as follows:
“§4. The reference amounts concerned shall be calculated annually by the technical cell referred to in Article 155 of the Law of 29 April 1996 on the basis of the data referred to in § 3 concerning the benefits referred to in § 1^er. The reference amounts are communicated to the multi-stakeholder hospital policy structure referred to in section 153 of the Act of 29 April 1996 on social provisions and are fixed by Royal Decree.
The annual reference amounts per admission are fixed for the first time in 2003 and are calculated on the basis of the data referred to in paragraph 1^er for admissions ending after 30 September 2002 and before 1^er January 2004. »;
3° § 5 is replaced as follows:
“§ 5. When actual expenditures related to all admissions referred to in § 1^er, taking into account the limitations referred to in § 2, exceed in a hospital of 10 p.c. at least the reference expenses calculated in accordance with § 4, the difference is refunded by the hospital to the Institute, in charge of the fees paid to the insurance. For admissions that end after December 31, 2004, this provision applies as soon as actual expenditures for all admissions to a hospital referred to in § 1^er exceed the reference expenditures calculated in accordance with § 4.
For admissions ending after December 31, 2005, the following modified calculation method, split into two parts, applies:
a. Selection of hospitals that come into account for the actual claim of reimbursement:
- calculation by hospital of the differences between, on the one hand, the actual expenses of admissions as referred to in the preceding paragraph and, on the other, the reference expenses calculated according to the terms referred to in § 2 and § 3;
- hospital totalization of positive and negative results of these calculations; only hospitals for which the result of this totalisation is positive come into account for the reimbursement.
b. Calculation of actual reimbursement for hospitals selected under a:
- recalculation by hospital of the differences between, on the one hand, actual expenditures for admissions as referred to in the preceding paragraph and, on the other hand, the corresponding median expenditure, by APR-DRG, by clinical degree 1 or 2 and by benefit group;
- all the positive differences in the calculations made above by hospital are the actual amounts to be reimbursed for hospitals selected under a., provided that the sum of these positive differences is greater than EUR 1,000.
The Institute calculates the amounts to be reimbursed on the basis of the data provided by the technical cell and communicates the result of the calculation to hospitals. The King determines the timelines and procedures for calculating and communicating the amounts concerned, how they are reimbursed by the hospital to health care insurance and their accounting by insurers. For admissions that end before 1^er January 2006, this imputation is limited to APR-DRG groups referred to in § 9, 1°.
The amounts to be reimbursed by the hospital are shared between the hospital manager and the hospital physicians in accordance with the regulations referred to in section 135, 1°, paragraph 2, or section 136, paragraph 1^erof the Hospitals Act, coordinated on 7 August 1987, as amended by the Act of 14 January 2002.
The Insurance Committee is responsible for the settlement of disputes relating to the calculation of the amounts to be refunded, according to the procedure established by the King.
In particular, the King determines the period in which the hospital concerned submits an application to the Insurance Committee, the content and form of the application, the time limit in which, and the terms and conditions under which the Insurance Committee makes its decision, as well as the terms and conditions under which the decision is subsequently communicated to the hospital concerned. »;
4° in § 7 the words "to the multi-party structure referred to in Article 153 of the aforementioned Act of 29 April 1996" are replaced by the words "to the Insurance Committee";
5° § 8, 2°, is completed as follows:
"For admissions ending after December 31, 2005, angiography is included in the calculations. »;
6° to § 9, 1°, the words "and APR-DRG 560 - Vaginal access" are replaced by the words ", APR-DRG 560 - Vaginal access, APR-DRG 024 - Interventions on extra cranial vessels, APR-DRG 072 - Extraocular interventions except in orbits, APR-DRG1 »
Art. 106. Section 105 is for the first time applied for the calculations of the reference amounts for the year 2003, with the exception of section 105, 6°, which applies the first time to admissions that end after December 31, 2005.
Sub-section 7. - Installation or
illegal use of unregistered medical equipment
Art. 107. Section 64, § 2, of the Compulsory Health Care and Compensation Insurance Act, coordinated on July 14, 1994, inserted by the Act of April 27, 2005, is supplemented by the following paragraph:
"The King may determine the terms and conditions under which the Institute recovers and records the amount of the reduction referred to in paragraph 1^er. »
Subsection 8. - Accountability
Art. 108. The following amendments are made to section 73 of the Act:
1° in § 2, paragraph 5, the words "general physician" are replaced by the words "general physicians";
2° to § 2, paragraph 7, the words " 1^er January 2006 » are replaced by the words "1^er April 2006 and until September 30, 2006 »;
3° § 2, paragraph 7, is supplemented by the following sentence:
"During this observation period, physicians who have prescribed for this period at least 100 repayable packages in the context of compulsory insurance and issued in an ambulant informal. For dentists, this minimum threshold is 16 packagings. »
Art. 109. Article 138, paragraph 1^er, of the same law, replaced by the law of 14 January 2002 and amended by the law of 24 December 2002, is replaced by the following provision:
"Subject to the application of the provisions of section 165, the insurer organization or the pricing office shall establish, on its own initiative or at the request of the Institute's control services, by means of the data retained or processed electronically, lists in the form of integrated files that contain the information necessary for the complete identification of the benefits, caregivers who have prescribed, carried out or issued them and beneficiaries. This information may relate to both the benefits that have been paid by health care insurance. The order number of medication requirements must also be included in these files. »
CHAPTER II. - Amendment of the Act of 27 April 2005 on the Control of the Health Care Budget and on various health provisions
Art. 110. In article 58, § 8, of the Act of 27 April 2005 on the Control of the Health Care Budget and on various health provisions, the words "that repeal, supplement, amend or replace legal provisions" are inserted between the words "of this article" and the words "will cease to produce".
CHAPTER III. - Confirmation of royal decrees, pursuant to article 58, paragraph 2, of the Act of 27 April 2005 on the control of the health care budget and on various health provisions
Art. 111. The Royal Decree of 10 August 2005 amending section 35ter of the Compulsory Health Care and Allowance Act, coordinated on 14 July 1994, is confirmed with effect on 22 September 2005, the date of its entry into force.
Art. 112. The Royal Decree of 10 August 2005 amending section 191 of the Compulsory Health Care and Compensation Insurance Act, coordinated on 14 July 1994, is confirmed with effect on 30 September 2005, the date of its entry into force.
Art. 113. The Royal Decree of 17 September 2005 amending Article 73, § 2, of the Compulsory Health Care and Compensation Insurance Act, coordinated on 14 July 1994, is confirmed with effect on 7 October 2005, the date of its entry into force.
Art. 114. The Royal Order of September 17, 2005 amending with respect to the establishment of the health care budget, the powers of the Budget Control Board and the closing documents, the Compulsory Health Care Insurance Act, coordinated on July 14, 1994, is confirmed with effect when applying to the procedure for setting the overall budgetary objective 2006, with the exception of sections 1^er, 8, 9 and 10, which are confirmed with effect on 23 September 2005, the date of their entry into force.
CHAPTER IV. - Amendment
of 24 December 2002
Art. 115. The following amendments are made to section 278 of the Program Law (I) of 24 December 2002:
1° the following paragraph shall be inserted between the fourth paragraph and the fifth paragraph:
"The King, after the advice of the Privacy Commission, may authorize the Intermutualist Agency to form a representative sample of 1/40 social insured persons who are affiliated or registered with the insurers referred to in paragraph 1^er, supplemented by 1/40 insured persons aged 65 and older as well as a reference file indicating which insured persons are part of the household for which the maximum to be charged is applied by insurers. This sample includes all personal social data that concern the insured and are available to insurers under compulsory disability insurance, including data available to insurers pursuant to section 165, paragraphs 6 to 8, of the Compulsory Health Care and Compensation Insurance Act, coordinated on July 14, 1994. However, this sample contains no data on the name of the insured, the date of birth or address; the enrollment number in the National Register or the social security identification number of the target insured are only available in the sample by double encrypted. The Intermutualist Agency permanently provides, through a secure connection, to the organizations referred to in paragraph 2, as well as to the Federal Office of the Plan, access to the permanent representative sample it has selected. Organizations that benefit from access to the coded data - in relation to the identity of the insured - of this sample use these data exclusively within the framework of their legal or statutory research and management missions, as well as for their legal or statutory assessment and control missions. The permanent layout begins with data from the 2002 benefit year sample, 2003 and 2004. All sample data are updated on December 31 of each calendar year. The sample is for the first time made available on 1^er January 2006. »;
2° the current paragraph 7 is replaced by the following paragraph:
"The King shall determine, by order deliberately in the Council of Ministers, the specific terms and conditions for reimbursement of the costs of the missions entrusted by the Ministers or under the coordination of the Centre of Expertise at the Intermutualist Agency, and the provision of the permanent representative sample referred to in paragraph 5. »
Art. 116. Section 279 of the Program Act (I) of 24 December 2002 is supplemented by the following paragraph:
"No authorization of principle is required on the part of the Sectoral Social Security Committee referred to in Article 37 above for the provision of the coded permanent representative sample described in Article 278, paragraph 5. »
CHAPTER V. - Amendment of the Act of 7 May 2004
on experiments on the human person
Art. 117. Section 2, 11°, of the Act of 7 May 2004 on experiments on the human person, which was cancelled by Decision No. 164/2005 of the Court of Arbitration, is replaced by the following provision:
"11° Experimentation: a trial, study or investigation conducted on the human person whose purpose is to develop the knowledge specific to the exercise of health care professions as referred to in Royal Decree No. 78 of 10 November 1967 concerning the exercise of health care professions. »
Art. 118. In Article 36, § 2, of the same Law, the words "from 1^er January 2006 » are replaced by the words "from 1^er September 2006 and the words "targeted at point 4°" are replaced by the words "subject to section 2, 4°, paragraphs 1^er and 3".
Art. 119. The provisions of Article 117 shall affect 1^er May 2004.
However, the provisions of section 33 of the Act of 7 May 2004 apply, in the event of a violation of the provisions of section 117, only as of the date of the publication of this Act to the Belgian Monitor.
CHAPTER VI. - Clinical biology laboratories, hospitals
and the management of emergency calls
Section 1^re. - Clinical biology laboratories
Art. 120. Article 8, § 1^er, of Royal Decree No. 143 of 30 December 1982 setting out the conditions to which laboratories must respond for the intervention of health insurance for clinical biology benefits, replaced by the Act of 24 May 2005, is supplemented by the following paragraph:
"The medical inspectors and pharmacists-inspectors of the Medical Evaluation and Control Service of the National Institute of Disability Health Insurance, as referred to in the above-mentioned Act, coordinated on 14 July 1994, exercise control as referred to in paragraph 1^er. »
Section 2. - Hospitals
Art. 121. In section 86 of the Program Act of 27 December 2004, the reference "2005" is replaced by the reference "2006".
Art. 122. In Article 57, § 2, paragraph 2, of the Act of 27 April 2005 on the control of the health care budget and on various health provisions, the words "Article 31, § 2, shall cease to be in force" are replaced by the words "Article 107quater, § 2, of the Hospitals Act, coordinated on 7 August 1987, as inserted in Article 31 of this Act, shall cease to be in force".
Section 3. - Emergency call management
Art. 123. Section 210 of the Program Law of 9 July 2004 is replaced by the following provision:
"Art. 210. Each article of this chapter comes into force on the date fixed by the King, by a deliberate decree in the Council of Ministers and on the proposal of the Ministers of the Interior and Public Health, and no later than 1^er January 2007. »
Section 4. - Miscellaneous provisions
Art. 124. Section 49ter of Royal Decree No. 78 on the Exercise of Health Care Professions, inserted by the Act of February 22, 1998, is supplemented by the following paragraphs:
"Special exemptions referred to in paragraph 1^er may only be granted if the following conditions are met:
1° the beneficiary holds a doctor's degree issued by a non-member third country of the European Union;
2° he began training as a specialist in this country, of which he passed at least the first year;
3° it is recommended to a Belgian university by a university of a non-member third country of the European Union.
The training authorized by this exemption must be conducted in a university internship service approved by the Minister who has public health in his or her responsibilities. The dispensation allows the recipient to complete up to two years of training in Belgium; the second year was only carried out after a favourable evaluation of the internship master who supervised it during the first year of training.
In exceptional circumstances, for special scientific merits or for humanitarian reasons a third year of training can be granted by a unanimous opinion of the competent commission of the academy. »
PART XIII. - Employment
CHAPTER I^er. - Occupational diseases
Art. 125. Section 6 of the Acts for the Compensation of Damage resulting from Occupational Diseases, coordinated on June 3, 1970, as amended by the Act of 1^er August 1985, Royal Decrees No. 476 of 19 November 1986 and No. 529 of 31 March 1987, and the laws of 30 December 1988, 26 June 1992 and 22 February 1998, are supplemented as follows:
"8° to intervene in the health surveillance fees of trainees, referred to in the Royal Decree of September 21, 2004 on the protection of interns. The King determines which costs can be borne as well as the terms and conditions of the intervention. »
Art. 126. In the same laws, an article 41ter, as follows, is inserted:
"Art. 41ter. The victim is entitled to compensation for travel expenses resulting from the treatment of his or her professional illness under the conditions and terms determined by the King. »
Art. 127. Article 125 produces its effects on 1^er September 2005.
Section 126 comes into force on 1^er January 2006.
CHAPTER II. - Industrial accidents
Art. 128. In the table attached to the Act of 24 December 1993 creating budgetary funds and amending the Organic Law of 27 December 1990 creating budgetary funds, section 24 - Social Affairs, Fund 24-1 - Funding for the control of law insurers, is abolished.
CHAPTER III. - Annual holidays
Art. 129. The following amendments are made to section 46bis of the co-ordinated laws of 28 June 1971 relating to the annual holidays of employees, inserted by law 30 December 2001, as amended by the law of 24 December 2002:
1° paragraph 2 is completed as follows:
"This period is two years from the end of the year of the holiday year to which this holiday period relates in the event of an error due to the Holiday Fund. »;
2° the following paragraph is inserted between paragraphs 2 and 3:
"The appeal against recovery decisions must, as soon as it is due, be filed within three months of their notification or the decision being made in the event of no notification. »
Art. 130. Section 129 comes into force on 1^er January 2006.
CHAPTER IV. - Local Employment Agencies - Amendment of the Decree-Law of 28 December 1944 concerning the social security of workers
Art. 131. Article 8, § 2, paragraph 5, of the Decree-Law of 28 December 1944 concerning the social security of workers, as amended by the laws of 7 April 1999 and 5 March 2002, is supplemented as follows:
"It can also determine how the user can get the refund of unused FTA cheques. »
PART XIV. - Social affairs
CHAPTER 1^er. - Social Security Crossroads Bank
Art. 132. Section 17bis of the Act of 15 January 1990 on the institution and organization of a Social Security Bank, replaced by the Act of 24 December 2002 and amended by the Acts of 8 April 2003 and 22 December 2003, are amended as follows:
(a) § 1^erParagraph 1^er, 4°, is replaced by the following text:
"4° the federal public services, federal public legal entities and associations referred to in section 2 of the Act of 17 July 2001 on the authorization for federal public services to join in carrying out work on the management and security of information; »;
(a) § 1^erParagraph 1^er, is completed as follows:
"7° the legislative assemblies and the institutions that emanate from it. »;
(b) in § 2, the words "5° or 6°" are replaced by the words "5°, 6° or 7°".
Art. 133. Article 35 of the Act, amended by the Acts of 19 July 2001, 2 August 2002 and 24 December 2002, the current text of which shall form § 1^erthe following modifications are made:
1° to § 1^er, 2°, the words "the King fixes the amount of this participation" are deleted;
2° it is added a § 2, written as follows:
“§2. The amount of participation of public social security institutions, referred to in § 1^er, 2°, is the amount referred to in the article on interventions in the operating costs of the section "Transfers from social security institutions subject to the Royal Decree of 3 April 1997 on measures for the accountability of public social security institutions, pursuant to section 47 of the law of 26 July 1996 on the modernization of social security and ensuring the viability of the legal pension plans" of the income budget of the Bank
The King shall determine the public social security institutions that are required to pay the amount referred to in paragraph 1^er, the relative share of these public social security institutions in the amount, mode and period of payment of the amount, possible exemptions, the mode of regularization of possible differences between, on the one hand, the sum of all the resources of the Crossroads Bank referred to in § 1^er and, on the other hand, the expenditures of the Crossroads Bank and the cases where the amount referred to in paragraph 1^er can be increased. »
Art. 134. In Article 3 of the Act of 24 February 2003 concerning the modernization of the management of social security and concerning electronic communication between enterprises and the federal authority, as amended by the Act of 22 December 2003, a § 4 is inserted, as follows:
“§4. The King may extend the application of this article to other categories of persons. »
Art. 135. Section 133 comes into force on 1^er January 2006.
CHAPTER II. - Volunteers
Art. 136. Section 5 of the Act of 3 July 2005 on the Rights of Volunteers is amended as follows:
1st paragraph 1^er is replaced by the following paragraph:
"Each organization is civilly responsible for the damage caused by the volunteer to the organization and to third parties in the exercise of voluntary activities, except in the event of a dol, serious fault or minor misconduct, which in the head of the volunteer is usually rather than accidental. »;
2° paragraphs 2 and 3 are repealed.
Art. 137. The following amendments are made to section 6 of the Act:
1° § 1^er is replaced by the following provision:
« § 1^er. The organization undertakes insurance to cover the risks associated with volunteering. This insurance covers at least the civil liability of the organization, excluding contractual liability. »;
2° § 2, 1°, is completed as follows: "as well as diseases contracted on the occasion of volunteer activity";
3° in § 2, 2°, the words "1° and 2°" are deleted.
Art. 138. Section 10, paragraph 3, of the Act is replaced by the following provision:
"If the total amount of compensation received by the volunteer from one or more organizations exceeds the amounts referred to in paragraph 1^er, these allowances may only be considered a refund of the expenses incurred by the volunteer for the organization or for the organizations if the reality and amount of these costs can be justified by means of evidence. The amount of costs may be determined in accordance with the Royal Decree of March 26, 1965, which regulates general compensation and allowances of any kind granted to federal public service personnel.
Art. 139. Section 18 of the Act is replaced by the following provision:
"Article 4, § 2, of the Law of 1^er April 1969 establishing a guaranteed income for older persons, as amended by the Royal Decree of 22 December 1969, by the Act of 29 December 1990 and by the Act of 20 July 1991, is supplemented by the following provision:
"9° of compensation received in connection with volunteerism referred to in section 10 of the Act of 3 July 2005 on the rights of volunteers". »
Art. 140. This chapter comes into force on 1^er February 2006.
CHAPTER III. - Better perception of contributions
Art. 141. Article 41ter, § 1^er, from the law of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers, inserted by the law of 3 July 2005 on various provisions relating to social dialogue, the words "given" are replaced by the words "may give rise".
Art. 142. In section 41quater of the Act, the following amendments are made:
1° to § 1^er, the words "a legal person or a natural person engaged in an independent activity" are replaced by the words "an employer, natural person or legal person, subject to or having been subject to a social security contribution receiving agency";
2° § 7 is replaced as follows:
Ҥ 7. Public officials or departmental officials responsible for publicly selling furniture belonging to an employer, natural person or legal person, subject to an organization that collects social security contributions, or having been, whose value reaches at least 250 euros, are personally responsible for the payment of the sums due to the receiving agency of the contributions by the owner at the time of sale, if they do not notify the receiving agency of the contributions
Notification of the amount of the amounts due by the receiving agency of the contributions, by means of a procedure using computer and telematic techniques, no later than before the expiry of the 8^e the day after the date of the notice referred to in the preceding paragraph and by means of a procedure using the technologies of information and communications technology, shall be seized and arrested in the hands of public officials or departmental officers 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° to § 9, the following paragraph shall be inserted between paragraphs 1^er and 2:
"In the communication of the notices mentioned above, 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. 143. Article 41quinquies, § 1^erin the same law, the words "authentic copy" are replaced by the words "certified true copy or certified complete, accurate and true copy by all contracting parties".
CHAPTER IV. - Family allowances
Section 1^re. - Family allowances
Art. 144. Article 22bis, § 1^er, Family Allowance for Employees Acts, coordinated on 19 December 1939, inserted by the Act of 27 December 2004, is supplemented by the following paragraph:
"The decisions of the General Assembly concerning the modification of the statutes, the modification of the social object, the appointment and revocation of directors and commissioners and the dissolution of the association must be approved by at least one quarter of the active members, on the understanding that a quota of five active members is sufficient. If applicable, the quotient obtained shall be rounded downwards. Active members must be heard from members, employers or not, who also sit on the board of directors of the association. »
Section 2. - Elimination of discrimination
Art. 145. In article 42bis, paragraph 1^er, of the same laws, as amended by the Acts of 22 December 1989, 29 December 1990, 30 December 1992 and 11 December 2001, the words "paragraph 3" are replaced by the words "paragraph 4".
Art. 146. In section 50ter, a single paragraph, of the same laws, as amended by the Acts of December 22, 1989, December 29, 1990 and December 11, 2001, the words "paragraph 3" are replaced by the words "paragraph 4".
Art. 147. In Article 56bis, § 1^er, a single paragraph, of the same laws, as amended by the Program Law of 22 December 1989, the words "father or mother" are replaced by the words "an attribute referred to in Article 51, §§ 3 and 4".
Art. 148. In Article 56quinquies, § 2, paragraph 1^erthe same laws, as amended by the law of 1^er August 1985, the words "the disabled father or the disabled mother" are replaced by the words "the handicapped attribute referred to in § 1^erParagraph 1^er "
Art. 149. Article 60, § 3, paragraph 1^er, 1°, of the same laws, inserted by the law of 1^er August 1985 and amended by the Royal Decree of March 31, 1987, is replaced by the following provision:
"1° the right to family allowances increased by an orphan under the provisions of the Royal Decree of 8 April 1976 establishing the scheme of family benefits for independent workers excludes any other right simultaneously or later under these Acts:
(a) when opened by an orphan whose deceased parent, father or mother, was exclusively an independent attribute and, at the time of death, satisfied the conditions referred to in article 9, § 1^erthe royal decree referred to above;
(b) when opened by an orphan whose surviving parent, father or mother, met at the time of the death of the other parent under the conditions referred to in article 9, § 1^er, of the aforementioned Royal Decree, unless a right to family allowances for an orphan under these Acts is opened by that orphan whose deceased parent has satisfied, at the time of his death, the conditions referred to in Article 56bis, § 1^er;
(c) when opened by an orphan because of the fact that the attribute referred to in Article 15 of the aforementioned Royal Decree, other than the father or mother, satisfied at the time of the death of one of the parents of the orphan under the conditions referred to in Article 9, § 1^er, of the same order, unless a right to family allowances of an orphan is opened under these Acts.
However, this exclusion does not apply when, following the pre-decess of a parent, father or mother, there is already a right to orphan family allowances under sections 56bis or 56quinquies of these Acts. »
Art. 150. In Article 62, § 4, a single paragraph, of the same laws, as amended by the law of 29 April 1996, the words "without compulsory courses and" are deleted.
Art. 151. In Article 64, § 1^er, single paragraph, of the same laws, as amended by Royal Decrees No. 122 of 30 December 1982 and No. 207 of 13 September 1983, the words "The target attribute" are replaced by the words "The target orphan".
Art. 152. In Article 2, paragraph 2, of the Act of 20 July 1971 establishing guaranteed family benefits, as amended by Royal Decree No. 242 of 31 December 1983 and the laws of 25 January 1999 and 24 December 1999, the words "in Article 1^er, paragraph 4" are replaced by the words "in section 1^erParagraph 5."
Art. 153. The King sets the effective date of sections 147, 148, 149 and 151.
Article 144 comes into force on the day of the publication of this Act to the Belgian Monitor.
Articles 145 and 146 produce their effects on 1^er January 2005.
Article 150 produces its effects on 1^er September 2005.
Section 152 comes into force on 1^er February 2006.
Section 3. - Derogations in cases of interest
Art. 154. Article 56sexies, § 4, of laws relating to family allowances for wage workers, coordinated on 19 December 1939, amended by the laws of 1^er August 1985, 22 December 1989, 22 February 1998 and 24 December 1999, is supplemented by the following paragraph:
"The Minister of Social Affairs has the same jurisdiction with respect to categories of cases of interest. In this case, he requests the advice of the Management Committee of the National Office of Family Allowances for Employees. »
Art. 155. The following amendments are made to section 56decies of the same Acts, inserted by the Act of 22 December 1989 and amended by the Acts of 22 February 1998 and 24 December 1999.
1° § 2 is supplemented by the following paragraph:
"The Minister of Social Affairs has the same jurisdiction with respect to categories of cases of interest. In this case, he requests the advice of the Management Committee of the National Office of Family Allowances for Employees. »;
2° § 3 is supplemented by the following paragraph:
"The Minister of Social Affairs has the same jurisdiction with respect to categories of cases of interest. In this case, he requests the advice of the Management Committee of the National Office of Family Allowances for Employees. »
Art. 156. Section 57bis of the same Acts, replaced by the Act of 29 April 1996 and amended by the Acts of 24 December 1999 and 24 December 2002, is supplemented by the following paragraph:
"The Minister of Social Affairs has the same jurisdiction with respect to categories of cases of interest. In this case, he requests the advice of the Management Committee of the National Office of Family Allowances for Employees. »
Art. 157. In section 66 of the Acts, replaced by Royal Decree No. 122 of 30 December 1982 and amended by the Acts of 22 December 1989, 25 January 1999, 24 December 1999 and 19 July 2001, are amended as follows:
1° in paragraph 3, the words "in individual cases" are inserted between the words "the child" and "designate the priority holder".
2° the following paragraph is inserted between paragraphs 3 and 4:
"The Minister of Social Affairs has the same jurisdiction with respect to case categories. In this case, he requests the advice of the Management Committee of the National Office of Family Allowances for Employees. »
Art. 158. In section 2 of the Act of 20 July 1971 establishing guaranteed family benefits, as amended by Royal Decree No. 242 of 31 December 1983 and the laws of 29 December 1990, 25 January 1999 and 24 December 1999, the following paragraph shall be inserted between paragraphs 2 and 3:
"The Minister of Social Affairs has the same jurisdiction with respect to categories of cases of interest. In this case, he requests the advice of the Management Committee of the National Office of Family Allowances for Employees. »
Art. 159. Sections 154 to 158 come into force on the first day of the month following the one in which this Act is published in the Belgian Monitor.
PART XV. - Finance
Chapter I^er. - Code of succession rights
Art. 160. Section 161, 3°, of the Code of Succession Rights, replaced by the Program Act of 22 December 2003, is replaced as follows:
"3° the foreign collective investment organizations referred to in section 127 of the Act of 20 July 2004 on certain forms of collective investment portfolio management, with the exception of debt investment agencies; "
CHAPTER II. - Amendments to the Income Tax Code 1992
Art. 161. In Article 12, § 3, paragraph 5, of the Income Tax Code 1992, inserted by the Program Law of 27 December 2004, the words "Exemption may be granted for a dwelling that spouses or one of them does not personally occupy for professional or social reasons. are replaced by the words "Exemption may, however, be granted when spouses or one of them does not personally occupy the dwelling so chosen for professional or social reasons. »
Art. 162. Article 17, § 1^er, 4°, of the same Code, as amended by the Act of 28 April 2003, the words "formed by contributions or premiums referred to in Article 34, § 1^er, 2°," are replaced by the words "trained, either by contributions or premiums referred to in Article 34, § 1^er, 2°, either as part of a supplementary pension of the independents referred to in Article 34, § 1^er2°bis."
Art. 163. Section 32 of the Code, replaced by the Act of 4 May 1999, is supplemented by the following paragraph:
"Paragraph 1^er is also not applicable to natural persons in a company in which they also exercise an unpaid term of office of administrator, manager, liquidator or similar functions, provided that the income of real property that they receive from that corporation is not considered for requalification as compensation referred to in paragraph 2, 3°. »
Art. 164. Article 38, § 1^erParagraph 1^er, in the same Code, last amended by the Programme Act of 27 December 2004, the following amendments are made:
1° in 18°, the words "in the company" are replaced by the words "in the employer";
2° the 19° is replaced as follows:
"19° the benefits resulting, for business leaders who collect remuneration referred to in section 30, 2°, from the payment to the corporation or corporation referred to in section 220 or 227, 3°, of contributions and premiums referred to in section 52, 3°, b, that relate to remuneration that is regularly allocated or attributed and at least once a month before the end "
Art. 165. Section 39, § 2, 2°, d, of the same Code, replaced by the Act of 28 April 2003, is replaced as follows:
"(d) that they are not constituted in whole or in part by means of employer contributions or corporate contributions, or by contributions or premiums referred to in Article 38, § 1^erParagraph 1^er, 16°, no contributions that were able to enter online as professional fees in accordance with section 52, 7°bis, nor any contributions that were able to enter online account for the purposes of section 145¹1°; "
Art. 166. Article 40, paragraph 1^er, of the same Code, replaced by the Act of 28 April 2003, is replaced as follows:
“Art. 40. Participations in benefits associated with life insurance contracts, supplementary pension commitments relating to workers or business leaders referred to in section 32, paragraph 1^er, 1°, and occupied with a labour contract, or with supplementary pension agreements concerning self-employed persons, are exempt provided that they are liquidated together with pensions, supplementary pensions, rents, capital or redemption values resulting from these contracts, commitments or agreements. »
Art. 167. Section 90, 3°, of the same Code, is replaced as follows:
"3° the income paid to the taxpayer by persons of the household of which he is not a party, when assigned to him in accordance with an obligation under the Civil Code or the Judicial Code or the law of November 23, 1998 establishing legal cohabitation, as well as capital in lieu of such annuities; "
Art. 168. Section 93bis, 1°, of the same Code, replaced by the Program Act of 27 December 2004, is replaced as follows:
"1° of the assignment in an expensive capacity of the dwelling whose cadastral income is exempted in accordance with Article 12, § 3, for an uninterrupted period of at least 12 months preceding the month in which the alienation occurred. For the calculation of the uninterrupted period of 12 months, it may, if any, also be taken into account the period in which the deduction for dwelling could be granted under Article 16 as it existed before being repealed or Article 526, § 1^er. However, a period of up to 6 months, during which the dwelling must remain unoccupied, may be inserted between the period of at least 12 months and the month in which the alienation occurred; "
Art. 169. In section 104 of the same Code, last amended by the Program Act of 27 December 2004, the following amendments are made:
1° 1° is replaced as follows:
"1° 80 p.c. of alimony regularly paid by the taxpayer to persons who are not part of the taxpayer's household, when they are paid in accordance with an obligation under the Civil Code or the Judicial Code or the law of November 23, 1998 establishing legal cohabitation, as well as 80 p.c. of capital in lieu of such annuities. However, annuities paid for children for whom the application of section 132bis has been requested are not deductible; »;
2° in the 9°, the word "specific" is inserted between the words "replenishment of a mortgage" and the words "contracted to acquire or maintain".
Art. 170. Article 113, § 1^erthe same Code, as amended by the Acts of 6 July 1994 and 6 July 2004, are amended as follows:
1° 1° is replaced as follows:
"1° expenses relate to the payment of child custody outside of normal classroom hours during which the child follows the education, and must be made for children who have not reached the age of twelve; »;
2° the 3° is replaced as follows:
"3° expenses are paid:
(a) to recognized, subsidiated or controlled institutions or host communities:
- by the Office of Birth and Childhood, by "Key in Gezin" or by the Executive of the German-speaking Community;
- or by local, community, other than those referred to in the first dash, or regional governments;
(b) independent foster families or nurseries under the supervision of the institutions referred to in (a), the first dash;
(c) either in kindergarten or primary schools or in institutions or in a host community that have a connection with the school or its organizing power; "
Art. 171. In section 115 of the same Code, the following amendments are made to the program law of 27 December 2004:
(a) in the current text which becomes § 1^erParagraph 1^er, 1°, is completed by the words "and that he occupies personally on that same date";
(b) to § 1^erthe last paragraph shall be replaced as follows:
"To determine whether the taxpayer's home is the only dwelling he or she is personally occupying on December 31 of the year of the conclusion of the borrowing contract, it is not taken into account:
1° of the other dwellings of which it is, by inheritance, condominium, nu-propriétaire or usufruitier;
2° of another dwelling that is considered to be for sale on that date on the real estate market and that is actually sold on or before December 31 of the year following that of the conclusion of the loan contract;
3° because the taxpayer does not personally occupy the dwelling because:
- legal or contractual entry that makes it impossible for the taxpayer to occupy the dwelling on that date;
- the status of construction or renovation work that does not allow the taxpayer to effectively occupy the dwelling on the same date.
The deduction is no longer allowed:
1° from the year following that of the conclusion of the borrowing contract, where on December 31, this year, the dwelling referred to in the preceding paragraph, 2°, is not actually sold;
2° from the second year following that of the conclusion of the borrowing contract, when on December 31, this year, the taxpayer does not personally occupy the dwelling referred to in section 104, 9°. »;
(c) it is supplemented by § 2 and § 3, as follows:
“§2. The loans referred to in section 104, 9°, are specifically contracted to acquire or retain a dwelling when they are entered into for:
1. buying a real estate;
2. construction of a real estate;
3. complete or partial renovation of a real estate;
4. the payment of inheritance rights in respect of the dwelling referred to in section 104, 9°, excluding the late payment interest.
Renovation referred to in paragraph 1^er, 3, the related benefits are those referred to in section XXXI of Table A of the Schedule to Royal Decree No. 20 of 20 July 1970 setting the value added tax rates and determining the distribution of goods and services according to these rates.
§ 3. The King shall determine the terms and conditions for the application of the deduction referred to in section 104, 9°. »
Art. 172. In section 116 of the same Code, replaced by the Program Act of 24 December 2004, the following paragraph shall be inserted between paragraph 2 and paragraph 3:
"For the purposes of paragraph 2, children considered to be disabled are counted for two. »
Art. 173. Article 145⁴, 2°, b, of the same Code, inserted by the law of 28 December 1992, is replaced as follows:
“(b) in the event of death:
- when the life insurance contract is used for the re-establishment or guarantee of a mortgage contracted for a dwelling, for the benefit of persons who, following the death of the insured, acquire full ownership or usufruct of that dwelling;
- in other cases, for the benefit of the spouse or parents to the second degree of the taxpayer; "
Art. 174. Article 145⁹Paragraph 1^er, 2°, b, of the same Code, inserted by the law of 28 December 1992, is replaced as follows:
“(b) in the event of death:
- where the savings insurance contract is used for the re-establishment or guarantee of a mortgage contracted for a dwelling, for the benefit of persons who, following the death of the insured, acquire full ownership or usufruct of that dwelling;
- in other cases, for the benefit of the spouse or parents to the second degree of the taxpayer; "
Art. 175. In section 155 of the same Code, as amended by the Act of 10 August 2001, the following paragraph shall be inserted between paragraphs 1^er and 2:
"The same applies to income exempted under other international treaties or agreements, provided that they provide for a reserve clause for progressivity. »
Art. 176. In section 171, 4°, g, of the same Code, replaced by the Act of April 28, 2003, the words "or on the occasion of the death of the person of whom he is entitled" are replaced by the words "or when these capitals are allocated, on the occasion of his death, to the person who is his rightful person".
Art. 177. Section 195 of the Code, amended by the Royal Decree of 20 December 1996 and by the Act of 28 April 2003, are amended as follows:
1° in § 1^er, paragraph 2, the words "and the supplementary insurance premiums referred to in section 52, 3°, b" are deleted;
2° § 2 is replaced as follows:
“§2. Unless the contracts provide only benefits in the event of death, the life insurance premiums for contracts that have been entered into for the benefit of the undertaking are assimilated to the contributions referred to in section 52, 3°, b, and are deductible under the same conditions and within the same limits, that if these contracts have been entered into on the head of a business leader referred to in section 32, paragraph 1^er, 1°, occupied outside of a work contract.
The remuneration defined in § 1^er, paragraph 2, are only taken into consideration in determining the deductible portion of the premiums. »
Art. 178. In section 223 of the same Code, replaced by the Royal Decree of 20 December 1996 and amended by the Acts of 10 March 1999, 4 May 1999 and 28 April 2003, the following amendments are made:
1° 2° is replaced as follows:
"2° of contributions and premiums referred to in Article 52, 3°, b, and 195, § 2, to the extent that they do not meet, either at the limit provided for in Article 53, 22°, or at the conditions and limits provided for in Article 59 and at the condition of regularity referred to in Article 195, § 1^er, paragraph 2, with respect to the premiums referred to in Article 195, § 2, pensions, rents and other allowances in lieu of Article 52, 5°, to the extent that they do not meet the conditions and limits provided for in Article 59 and the capitals referred to in Article 53, 23°; »;
2° the article is supplemented by the following paragraph:
"The business leaders referred to in section 32 are assimilated to workers for the purposes of paragraph 1^er. »
Art. 179. In section 234 of the same Code, as amended by the Acts of 10 March 1999 and 28 April 2003, the following amendments are made:
1° the 3° is replaced as follows:
"3° on contributions and premiums referred to in Article 52, 3°, b, and 195, § 2, to the extent that they do not meet either the limit provided for in Article 53, 22°, or the conditions and limits provided for in Article 59 and the condition of regularity referred to in Article 195, § 1^er, paragraph 2, with respect to the premiums referred to in Article 195, § 2, on pensions, rents and other allowances in lieu of Article 52, 5°, to the extent that they do not meet the conditions and limits provided for in Article 59 and on the capitals referred to in Article 53, 23°; »;
2° the article is supplemented by the following paragraph:
"The business leaders referred to in section 32 are assimilated to workers for the purposes of paragraph 1^er. »
Art. 180. In section 515quater of the same Code, inserted by the Act of 28 April 2003, the following amendments are made:
1° to § 1^erParagraph 1^er, a and b, the words "targeted to 3°" and "targeted to 3°" are replaced respectively by the words "targeted to c" and "targeted to c";
2° § 2 is replaced as follows:
“§2. By derogation from § 1^erin article 171, 4°, f, the words "on the occasion of its retirement or from the age of 60 or on the occasion of the death of the person of whom he is entitled" are, until December 31, 2009 included, replaced by the words "on the occasion of his retirement or from the age of 58 or on the occasion of the death of the person »
Art. 181. Section 526 of the same Code, inserted by the Program Act of 27 December 2004, is replaced as follows:
"Art. 526. § 1^er. This subsection applies to borrowings contracted for the purpose of acquiring or retaining the own dwelling, which are concluded:
(a) before 1^er January 2005;
(b) from 1^er January 2005 but concern:
- a refinancing of a loan referred to in (a);
- a loan entered into while for the same dwelling, there is another borrowing referred to in (a) or the previous dash that comes into account for the deduction of interest.
In these cases, sections 7, 12, 14, 16, 93bis, 178, 235, 256, 277 and 290, as they existed before being amended or repealed by sections 386 to 389, 393, § 2, 403, 404 and 406 to 408 of the program law of 27 December 2004, remain applicable to the cadastral income of the dwelling referred to in paragraph 1^er.
§ 2. This paragraph shall apply:
1° where mortgage loans are contracted to acquire or retain the single dwelling, which are concluded:
(a) before 1^er January 2005;
(b) from 1^er January 2005 but concern:
- a refinancing of a loan referred to in (a);
- a mortgage loan concluded while for the same home, there is another mortgage loan referred to in (a) or the previous debit that comes into account for the deduction of mortgage interest or for housing savings;
2° when it comes to life insurance contracts that are used exclusively for the reconstruction or guarantee of a mortgage loan referred to in 1°.
Articles 104, 105, 115, 116, 145¹, 145⁶, 145¹⁷ to 145²⁰, and 243, as they existed before being amended or repealed by sections 394 to 397, 399, 400 and 405 of the Program Act of 27 December 2004, remain applicable to interests and amounts allocated to amortization and replenishment of a mortgage referred to in paragraph 1^er, 1°, or contributions paid pursuant to an insurance contract referred to in paragraph 1^erTwo.
Where the taxpayer, in addition to the interest, amounts and contributions referred to in that subsection, has paid other contributions or amounts that come into account for the reduction referred to in section 145¹, 2° and 3°, the rules of Article 145⁶ the preceding paragraph also applies to other contributions and amounts.
§ 3. The rules set out in the preceding paragraphs shall not apply to the borrowings and contracts referred to therein when the taxpayer mentions in his declaration concerning the tax period in which a borrowing referred to in § 1 was contracted.^erParagraph 1^er(b), second dash, and paragraph 2, paragraph 1^er, 1°, b), second dash, or an insurance contract that is used exclusively for the reconstruction or guarantee of a mortgage referred to in § 2, paragraph 1^er, 1°, (b), second dash, which it opts for the application of the deduction referred to in section 104, 9°, with respect to these loans or contracts entered into after 1^er January 2005.
This choice is final, irrevocable and binds the taxpayer.
When a common taxation is established, both taxpayers must make the same choice.
§ 4. The amounts expressed in euros referred to in the articles mentioned in §§ 1^er and 2 are adapted, as the case may be, annually and simultaneously to the Consumer Price Index of the Kingdom in accordance with sections 178 or 518. »
CHAPTER III. - Amendment of the law of 17 May 2004 transposing in Belgian law Directive 2003/48/EC of 3 June 2003 of the Council of the European Union in the field of taxation of the income of savings in the form of interest payments and amending the Code of Taxes on income 1992 in the matter of movable pre-payments
Art. 182. Article 4, § 4, of the Law of 17 May 2004 transposing in Belgian law the Directive 2003/48/EC of 3 June 2003 of the Council of the European Union on the taxation of the income of savings in the form of interest payments and amending the Code of Taxes on incomes 1992 in respect of movable pre-payments, is supplemented as follows:
"When an amount has been referred to in a declaration of debit for the State of Residence which, on the basis of a certificate produced after the introduction of the declaration, has been incorrectly retained, it is permissible to resume in one of the following three statements a less correction to compensate for the excess of debit for the State of residence being retained, provided that no administrative remedy has been introduced for the same surplus.
By derogation from articles 366 et seq. of the Income Tax Code 1992, an administrative remedy that would have the purpose of rectifying a declaration in respect of the withdrawal of the State of residence with respect to the excess of the State of residence that was compensated in the manner referred to in the preceding paragraph is no longer possible. »
CHAPTER IV. - Amendment of the Programme Law of 27 December 2004
Art. 183. Section 413 of the Program Law of 27 December 2004 is amended as follows:
1° in paragraph 2, the words "398, 403," are replaced by the words "397 to 400, 403,";
2° in paragraph 3, the words "394 to 397, 399 to 402" are replaced by the words "394 to 396, 401, 402".
CHAPTER V. - Amendment of the law
of 30 March 1994 on social arrangements
Art. 184. A. In Article 107 of the Act of 30 March 1994 on social provisions, amended by the Act of 22 February 1998, the words "in Germany, France and the Netherlands" and the words "Articles 15, § 3, 1°, and 21, § 2, c, and 18, and 15, § 3, 1°, and 22" are replaced by the words "in Germany and France" and the words "Articles 15, § 3, §
B. The following amendments are made to the same article:
1° 1° is replaced as follows:
"1° "Money": the person or dependants of whom or where a common taxation or taxation is established in respect of income tax, in accordance with sections 126 and 243 to 244bis of the Income Tax Code 1992; »;
2° to 2° are the following modifications:
(a) the words "all taxable net income determined" are replaced by the words "the total of all taxable net income of each person who is part of the household in accordance with the 1st, determined";
(b) the words "in Germany and France to which articles 15, § 3, 1°, and 21 and 11, § 2, c, and 18 of the preventive conventions of double taxation concluded with these countries and which are subject in these countries to social legislation similar to that referred to in Article 106, § 1^er are replaced by the words "in France to which articles 11, § 2, c, and 18 of the preventive convention of double taxation concluded with France on 10 March 1964 and which are subject in France to social legislation similar to that referred to in Article 106, § 1^er. »
CHAPTER VI. - Tax provisions
Art. 185. It is charged a tax credit on the tax of natural persons or, for taxpayers referred to in section 227, 1°, of the Income Tax Code 1992, on the tax of non-residents, for expenditures actually paid during the year 2006 for the purchase of a registered package "Internet for all" referred to in section 191.
Art. 186. The amount of the tax credit referred to in the previous section is equal to 21 p.c. of the purchase price, excluding VAT, with a maximum of EUR 147.50 per taxpayer in the case of an office computer and EUR 172 in the case of a laptop.
This amount is charged in full on the tax of natural persons or, for taxpayers referred to in section 227, 1°, of the Income Tax Code 1992, on non-resident tax.
The potential surplus is charged on additional taxes and the surplus is returned as long as it reaches EUR 2.50.
Art. 187. However, the measure is not applicable for the same year and for the same equipment:
- costs that are considered, in whole or in part, as actual professional costs;
- where the taxpayer is granted exemption under section 38, § 1^erParagraph 1^er, 17°, of the Income Tax Code 1992.
Art. 188. The taxpayer seeking the imputation of the tax credit must make available to the Federal Public Service Finance:
- the invoice or proof of purchase, in addition to the purchase price, the unique serial number of the purchased package;
- the attestation stipulating that the package conforms to the criteria specified in section 191;
- proof of payment of the amount on the invoice or proof of purchase.
CHAPTER VII. - Transitional provisions
Art. 189. Until December 31 of the third year following the year of publication of this Act, contributions and premiums paid in respect of contracts that do not meet the new beneficiary clause referred to in sections 145⁴ and 145⁹ the Income Tax Code, 1992, as amended by sections 173 and 174, are still considered for tax reduction.
If, during this three-year period, payments are made to beneficiaries, the new rules are taken into consideration in determining the person who is liable for tax notwithstanding that the contract is not formally adapted.
CHAPTER VIII. - Entry into force
Art. 190. Article 160 produces its effects from 9 March 2005.
Chapters II and VII come into force from the 2006 taxation year excluding the following sections:
1° Articles 162, 165 and 176, which are applicable to life annuities and pensions, supplementary pensions, rents, capital, savings and redemption values allocated from 1^er January 2006;
2° sections 164 and 177 to 179, which apply to premiums and contributions paid from 1^er January 2006;
3° articles 169, 2°, 171 and 172, which are applicable from 1^er January 2005;
4° Article 180 which produces its effects from 1^er January 2004.
Section 182 comes into force from 1^er January 2006.
Section 183 produces its effects from the same date as section 413 of the Program Act of 27 December 2004.
Section 184, A, produces its effects from the 2004 taxation year.
Section 184, B, produces its effects from the 2005 taxation year.
PART XVI. - E-gov
Art. 191. § 1^er. A package using the name "Internet for all" will only be approved for the purposes of article 185 of title XV as long as the seller proves that the package consists of the elements mentioned in § 2 and meets the conditions, standards and requirements in accordance with § 3.
§ 2. Each package consists of at least the following:
- a computer with card reader to use the electronic identity card;
- a basic software, including at least an operating system, an Internet browser, an office suite and a security software in accordance with the provisions of section 114, paragraph 2, of the Act of 13 June 2005 on electronic communications;
- a connection to a broadband network, including a 12-month subscription;
- a basic training related to the use of the computer and the Internet.
§ 3. The King shall determine by order with deliberate annexes to the Council of Ministers:
1° the detailed aggregation conditions as well as the detailed technical standards and quality requirements for each component referred to in § 2;
2° the procedure for obtaining and maintaining the approval referred to in § 1^erincluding control provisions;
3° the consequences of aggregation.
Art. 192. For the purpose of applying the tax credit defined in section 186 of Title XV and by derogation from other legal provisions, the seller of an Internet for All package is authorized to
marketing, selling and proposing a package consisting of the items reproduced in Article 2, § 2.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given at Châteauneuf-de-Grasse, December 27, 2005.
ALBERT
By the King:
For the Prime Minister, absent:
Deputy Prime Minister and Minister of Justice,
Ms. L. ONKELINX
The Minister of Justice,
Ms. L. ONKELINX
Minister of Finance,
D. REYNDERS
Minister of Budget and Consumer Protection,
Ms. F. VAN DEN BOSSCHE
For the Minister of Economy and Energy, absent:
Minister of Average Class,
Mrs. S. LARUELLE
Minister of Social Affairs and Public Health,
R. DEMOTTE
Minister of Average Class and Agriculture,
Mrs. S. LARUELLE
Minister of Social Integration,
C. DUPONT
Minister of Mobility,
R. LANDUYT
Minister of the Environment and Minister of Pensions,
B. TOBBACK
Minister of Employment,
P. VANVELTHOVEN
State Secretary for Modernization
Finance and the Fight against Tax Fraud,
H. JAMAR
For the Secretary of State for Administrative Simplification, absent:
Deputy Prime Minister and Minister of Justice,
Ms. L. ONKELINX
State Secretary for Sustainable Development,
Ms. E. VAN WEERT
Secretary of State for Public Enterprises,
B. TUYBENS
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Note
(1) Session 2005-2006.
House of Representatives:
Parliamentary documents. - Bill No. 51-2098/1. - Amendments, n^bones 51-2098/2 to 17. - Report, No. 51-2098/18. - Opinion of the Council of State, No. 51-2098/19. - Amendments, n^bones 51-2098/20 and 21. Reports, n^bones 51-2098/22 to 25. - Text adopted by the Commissions, No. 51-2098/26. - Reports, n^bones 51-2098/27 and 28. - Amendments, No. 51-2098/29. - Text adopted in plenary and transmitted to the Senate, No. 51-2098/30.
Full report: 21 December 2005.
Senate:
Parliamentary documents. - Project referred to by the Senate, No. 3-1493/1. Amendments, No. 3-1493/2. - Reports, n^bones 3-1493/3 to 6. - Decision not to amend, No. 3-1493/7.
Annales of the Senate: December 23, 2005.