belgiquelex.be - Carrefour Bank of Legislation

20 JULY 2005. - Act respecting various provisions (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
PART I^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
PART II. - Justice
CHAPTER I^er. - Amendment of the Act of 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 an account in view
Art. 2. Section 5 of the Act of 14 June 2004 relating to 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 is replaced by the following provision:
"With the exception of this section, the King shall determine the effective date of this Act, which shall be no later than 1^er January 2007. »
Art. 3. This chapter produces its effects on 1^er July 2005.
CHAPTER II. - Amendments to the Programme Law (I) of 24 December 2002
Art. 4. Section 474 of the Program Law (I) of 24 December 2002, cancelled by the Court of Arbitration No. 106/2004 of 16 June 2004, is replaced by the following provision:
"Art. 474. The publication in the Belgian Monitor by the Directorate of the Belgian Monitor is in four printed copies.
A copy is filed pursuant to the law of 8 April 1965 establishing the legal deposit at the Royal Library of Belgium, a copy is retained by the Minister of Justice as the guardian of the State seal, a copy is transmitted to the General Archives of the Kingdom and a copy is available for consultation with the Belgian Monitor Directorate.
A copy is kept on microfilm.
In the event of a dispute regarding the accuracy of a mention contained in the Belgian Monitor, the copy that is retained by the Minister of Justice as the guardian of the State Seal cannot, in any case, be exempted from this conservation. If, at the request of a court, a part of the Belgian Monitor must be submitted, a certified copy of the Minister of Justice of the relevant passage(s) will be issued. »
Art. 5. Section 475 of the Act, cancelled by the Court of Arbitration Decision No. 106/2004 of 16 June 2004, is replaced by the following provision:
"Art. 475. - Any other public provision is made via the website of the Belgian Monitor Directorate.
The publications available on this website are the exact reproductions in an electronic format of the printed copies provided for in section 474. »
Art. 6. Article 475bis, as follows, is inserted in the same law:
"Art. 475bis. - Any citizen may obtain at cost from the services of the Belgian Monitor, through a free telephone service, a copy of the acts and documents published in the Belgian Monitor. This service is also responsible for providing citizens with a document search service. »
Art. 7. Article 475ter, as follows, is inserted in the same law:
"Art. 475ter. - Other accompanying measures are taken by Royal Decree deliberated in Council of Ministers to ensure the widest possible dissemination and access to the information contained in the Belgian Monitor. »
Art. 8. This chapter comes into force on 31 July 2005.
CHAPTER III. - Amendments to the Act of 24 April 2003 reforming adoption
Art. 9. In section 24 of the Act of 24 April 2003 reforming adoption, as amended by the Act of 16 July 2004, the following amendments are made:
(1) in § 2, the following paragraph shall be inserted between paragraphs 1^er and 2:
"The same applies to the recognition of a foreign adoption decision, pronounced before the date of entry into force of this Act but became final after its entry into force. »;
(2) the article shall be supplemented by § 3, which reads as follows:
Ҥ3. In the event of recognition of a foreign decision establishing an adoption involving the international movement of a child, which has not become final before the date of entry into force of this Act, the provisions of the previous recognition law may apply if the opponent or adopters produce the following evidence:
1° they have taken steps for adoption without having recourse to the services approved by the competent community and without having benefited from the supervision of them;
2° they have initiated a procedure for adoption with the competent authority of the State of origin of the child before the coming into force of this Act;
3° the child, appointed by the competent authority of the State of origin of the child, was proposed to them before the coming into force of this Act.
However, the previous paragraph cannot apply if before 1^er December 2005 the adopter or enactors shall not inform the federal central authority that the child was proposed to them before the coming into force of this Act by the competent authority of the State of origin.
After validating the evidence presented to it, the federal central authority records the foreign adoption decision in accordance with section 367-2 of the Civil Code. »
Art. 10. This chapter comes into force on 1^er September 2005.
PART III. - Inside
CHAPTER I^er. - Amendment of the Programme Law of 27 December 2004
Art. 11. Section 486 of the Program Act of 27 December 2004 is supplemented by the following paragraph:
"Article 482 produces its effects on 30 April 2002 on the budget fund 17-1 and on the day of its publication to the Belgian Monitor for budgetary funds 17-2 and 17-3. »
CHAPTER II. - Amendments to the Act of 15 April 1994 on the Protection of Population and the Environment from the Hazards of Atomic Radiation and the Federal Nuclear Control Agency
Art. 12. Article 31, paragraph 1^er, the Act of 15 April 1994 on the Protection of Population and the Environment from the Hazards of Atomic Radiation and the Federal Nuclear Control Agency, is replaced by the following paragraph:
"The Agency benefits from the proceeds of royalties referred to in Article 12, § 1^er, 1°, as well as the proceeds of administrative fines referred to in sections 53 to 64. »
Art. 13. Chapter VII of the Act, including sections 49, 49 bis and 50, is replaced by the following provisions:
CHAPTER VII. - Sanctions
Section I^re. - General provision
Art. 49. - Offences to this Act or its enforcement orders may be subject to either criminal sanctions or administrative sanctions.
Section II. - Penal sanctions
Art. 50. - Offences to the provisions of this Act or its enforcement orders shall be punished by a fine of 1,000 euros to 1,000,000 euros and imprisonment of three months to two years or only one of these penalties.
Such penalties shall be imposed on persons who have been hindered in the exercise of the mission of persons referred to in Article 9 or who have refused their assistance.
Art. 51. - If the offences referred to in Article 50 are committed in time of war, they are punished by a fine of 2,000 euros to 2,000,000 euros and the imprisonment of five to ten years, or only one of these penalties.
Art. 52. - All provisions of Book 1^er the Criminal Code, without exception of Chapter VII and Article 85, shall apply to offences under this Act or its enforcement orders.
Section III. - Administrative amendments
Sub-section I^re. - Administrative procedure
Art. 53. - § 1^er. When finding offences under this Act or its enforcement orders, an administrative fine of 500 euros to 100,000 euros per offence may be imposed on the perpetrator of the offence.
§ 2. In addition, the costs of expertise related to the offences referred to in § 1^er are charged to the perpetrator of the offence.
§ 3. Individuals or legal entities are civilly responsible for the payment of administrative fines and fees to which their organs, directors, members of their executive and enforcement personnel, their agents and their agents are convicted.
Art. 54. - The facts punishable by section 49 are found in a record by a judicial police officer.
The original of the minutes is sent to the King's Attorney.
A copy of the minutes is sent to the person designated in section 56 at the same time.
Art. 55. - The King's Attorney shall have a period of six months from the date of receipt of the minutes to inform the person referred to in section 56 that criminal proceedings have been instituted.
The person referred to in section 56 may not impose an administrative fine on the basis of section 53 before the six-month period has expired, unless the King's Prosecutor has made a prior communication that the King does not wish to make a reservation.
In the event that the Crown prosecutor fails to notify his or her decision within the time limit or waives the prosecution, the person referred to in section 56 may decide to commence administrative proceedings.
Art. 56. - The administrative fine is imposed by the person designated by the King.
The King determines the rules of procedure, including the exercise of the rights of defence.
Art. 57. § 1^er. The decision to impose an administrative fine is motivated. It also mentions the amount of the administrative fine and the provisions of Article 58, paragraph 3.
§ 2. The administrative fine is proportional to the gravity of the facts that motivate it, and depending on the eventual recidivism.
§ 3. The person referred to in section 56 may, if there are mitigating circumstances, make an administrative fine less than the minimum amount referred to in section 53, without the fine being less than 80% of the minimum amount referred to in the above section.
§ 4. The examination of several offences may result in a single administrative fine commensurate with the seriousness of all the facts.
Art. 58. - The decision is notified by registered letter to the position of the perpetrator of the offence as well as to the natural or moral person responsible for the payment of the administrative fine.
The decision is also notified to the Crown Prosecutor.
An invitation to pay the fine within the time limit and in the manner determined by the King is attached.
Art. 59. - The perpetrator of the offence or the natural or legal person responsible for the payment of the administrative fine that disputes the decision of the person referred to in section 56 may appeal to the competent court within one month of the notification of the decision, as soon as the decision is due.
In the event of an appeal against the decision of the person designated by the King, the competent court may, if there are mitigating circumstances, decrease the amount of an administrative fine imposed under the minimum amount referred to in section 53, without the fine being less than 80% of the minimum amount referred to in the above-mentioned article.
This appeal suspends the enforcement of the decision.
Art. 60. - Where the perpetrator of the offence or the civilly responsible person remains in default of paying the administrative fine within the specified time limit and the possibility of appeal set out in section 59 is exhausted, the decision to impose an administrative fine has enforceable force and the person referred to in section 56 may initiate a constraint according to the terms fixed by the King.
Art. 61. - The person referred to in section 56 shall not impose an administrative fine on the expiry of a period of one year, from the day on which the act is found.
Payment under the administrative procedure also extinguishes the possibility of criminal proceedings for the facts concerned.
Sub-section II. - Simplified administrative procedure
Art. 62. § 1^er. When a finding of one or more of the offences determined by the King, it may, if the fact has not caused injury to others and with the consent of the perpetrator of the offence, be collected an administrative fine, in the amount of 125 euros to 500 euros per offence, according to the simplified procedure.
The payment of the administrative fine within the period determined by the King marks the agreement of the perpetrator of the offence on the application of the simplified procedure.
The amount of the fine for each offence determined by the King as well as the manner of perception is fixed by the King.
The simplified procedure may be proposed by judicial police officers members of the Agency.
§ 2. Individuals or legal entities are civilly responsible for the payment of the administrative fines proposed under the simplified procedure to their bodies, administrators, executive and enforcement personnel, their officers and agents.
Art. 63. - The payment under the simplified procedure extinguishes the possibility of imposing an administrative fine on the perpetrator of the offence on the basis of the administrative procedure set out in sections 53 to 61.
Art. 64. - Payment under simplified procedure also extinguishes the possibility of criminal prosecution for the facts concerned. "
Art. 14. Sections 51, 52, 52 bis, 53 and 54 of the Act, respectively, become articles 65, 66, 67, 68 and 69.
Art. 15. The King sets the effective date of this chapter.
CHAPTER III. - Amendments to the Civil Protection Act of 31 December 1963
Art. 16. Section 10 of the Civil Protection Act of 31 December 1963, as amended by the Act of 15 January 1999, is replaced by the following provision:
“Art. 10. § 1^er. The municipalities of each province are, for the general organization of fire services, divided into regional groups. After consultation with the interested communal councils, the Governor sets out the composition of these groups and designates in each group the commune which constitutes its centre.
This municipality is required by its designation to have a fire service with the necessary personnel and equipment.
A regional group may be composed of municipalities from different provinces. The Governors concerned shall jointly establish the composition of the group and shall designate the commune that constitutes the centre of the group; in the absence of agreement, the decision shall be taken, at the request of one of these Governors, by the Minister with the Interior in his or her powers.
Other municipalities in the regional group are required to maintain or create a fire service with the necessary personnel and equipment, or to use the fire service of the municipality constituting the centre of that group, with the payment of a flat fee and annual fee.
The measures to be taken for the intervention of the fire department of the latter municipality are defined in a general regulation by the Minister having the Interior in his or her powers. They may be supplemented by the Governor if the local circumstances so require and at the request of interested communal councils.
The current conventions at the time of the coming into force of this Act shall cease their effects on the date fixed by the King.
§ 2. By derogation from section 256 of the new communal law, the annual fee payable by the municipalities shall be determined by the Governor, after consultation with the communal councils, in accordance with the following principles:
1° The costs of the fire services of the regional community-centre are divided by province and class X, Y and Z among the municipalities that are part of a regional group and that are served by the fire department of the community-centre group.
2° The annual royalty due by the municipalities is fixed by taking as the basis:
(a) the last built and unbuilt cadastral income of each commune;
(b) the population of each commune;
(c) the eligible costs of fire services in the provincial regional community centre; these fees are based on the actual costs incurred by these services during the previous year, including interest and amortization of borrowings.
The Governor may assign cadastral income and the number of the population of the municipalities that are the headquarters of an advanced position.
cannot be considered for the establishment of eligible fees:
(a) the assistance granted by the State for the acquisition of equipment and the execution of work, as well as, where appropriate, the State's care for the installation and operation of the centres of the unified appeal system;
(b) the financial expenses for fire service staff pension with the exception of the employer share in the contribution to the National Social Security Office of the provincial and local governments or the corresponding percentage when the regional group community itself manages its pension fund;
(c) costs which, exclusively, are the sole responsibility of the regional group centre.
3° Professional fire service personnel at the Y and Z levels who may be considered for the establishment of eligible fire services costs in the regional group communes-centres may not exceed by more than 10% the minimum professional staff as determined by the King.
However, the Governor may, under regional or local circumstances, authorize one or more of these municipalities to bear in whole or in part the costs of professional staff exceeding the limit set out in paragraph 1^er.
The King determines the standards to be applied by the Governor in setting these fees.
4° The eligible costs of the regional group centre of Class Z, as a result of items 2° and 3°, are increased by a lump sum that cannot exceed 25% of these costs and is intended to cover possible interventions in support of Centres X and Y.
The Governor determines this lump sum.
The King determines the standards to be applied by the Governor for fixing this lump sum.
5° The eligible costs of the regional group-centres of classes X and Y, as a result of the application of points 2° and 3°, are reduced by an amount equal to the total of the lump sums determined under point 4°.
The Governor distributes this amount among the group communities of classes X and Y.
§ 3. By derogation from section 256 of the new communal law, the commune-centre of a regional group participates in the costs of fire services for a quota of eligible costs, fixed by the Governor in accordance with regional and local circumstances.
The Governor shall notify each municipality of the amount of the assessment that it bears and invites it to give its opinion within sixty days. The favourable opinion or the lack of advice of the municipal council shall be accorded to the debit of the amount due on an account opened on behalf of the municipality to a financial agency. In the event of an unfavourable opinion of the municipal council, the governor shall rule and notify the municipal council of his decision. If, within forty days of the notification, the municipal council refuses or fails to comply with the latter decision, the sampling shall be carried out in accordance with Article 11, paragraph 3.
The King shall determine the standards to be applied by the Governor for the determination of the quota.
§ 4. 1 The municipality that does not have a fire service shall bear an annual fee set by the Governor and calculated as follows:
For the consultation of the table, see image
In this formula:
C = the annual fee of the municipality concerned;
F = the eligible costs of all the regional group communes of the class to which the municipality concerned belongs increased or decreased in accordance with points 4° and 5° of § 2, deducting the quotas supported by the regional group communes of the class concerned;
r = the last cadastral income of the municipality concerned, as provided for in § 2, 2°, paragraph 1^era;
A = the total "r" of non-regional group municipalities served by the fire services of the class under review;
p = the population of the municipality concerned, according to the last official survey of the population of the Kingdom, published in the Belgian Monitor;
P = the total "p" of the non-regional group municipalities served by the fire services of the class under review.
2° The royalty referred to in § 4 shall be payable by quarterly instalments calculated on the basis of the final fee paid for the preceding year.
At the end of each quarter, the Governor shall notify each interested municipality of the provisional amount of the royalty for that period. The municipality has a period of one month to make the payment. In the absence of payment within this period, the sampling shall be carried out in accordance with Article 11, paragraph 3.
3° In the course of the following year, the Governor shall notify each municipality of the assessment or final amount of the royalty to be borne by the Governor and invite him to give his opinion within sixty days.
The difference between the provisional royalty referred to in paragraph 2 and the final royalty is, as the case may be, paid to or reimbursed by the regional group commune-centre.
The favourable notice or lack of notice of the communal council concerning the royalty shall be accorded to the collection of the amount of the portion of the royalty still payable or to refund, as the case may be, on the account opened on behalf of the municipality to a financial agency.
In the event of an unfavourable opinion of the municipal council, the governor shall rule and notify the municipal council of his decision. If, within forty days of the notification, the municipal council refuses or fails to comply with the latter decision, the sampling shall be carried out in accordance with Article 11, paragraph 3.
§ 5. First of all, the decisions made by the Governor pursuant to § 2, 3°, paragraph 2, 4° and § 3 are subject to the approval of the Minister who has the Interior in his powers. If there is no improbation within forty days of the Minister's receipt of the decision, the decision becomes enforceable in full law.
Art. 17. Article 16 produces its effects on 1^er January 1977, except in respect of litigation proceedings before the coming into force of this Act, and with the exception of § 2, 3, 3, 4, paragraph 3, § 3, paragraph 3, paragraph 3, paragraph 3 and § 5, which come into force on 1^er January 2006.
PART IV. - Public Service and Major Cities Policy
CHAPTER I^er. - Amendments to the laws on the use of languages in administrative matters
Art. 18. In section 43 of the laws on the use of languages in administrative matters coordinated on 18 July 1966, as amended by the laws of 19 October 1998 and 27 December 2004, the following amendments are made:
1° in § 2, paragraph 1^er, the words "with the exception of those that are integrated into the A3 class at the start of a rank of 10" are inserted between the words "or classes A3, A4 or A5," and the words ", are divided";
2° in § 3, paragraph 1^er, the words "subject to the application of § 2, paragraph 1^er," are inserted between the words "and classes A3, A4 and A5," and the words ", jobs";
3° in § 3, paragraph 2, the words ", subject to the application of § 2, paragraph 1^er. are added after the words "and classes A3, A4 or A5";
4° in § 3, paragraph 6, the words "subject to the application of § 2, paragraph 1^er," are inserted between the words "and classes A3, A4 and A5," and the words "in favor of central services".
Art. 19. In article 43ter, § 8, paragraph 2, of the same laws, inserted by the law of June 12, 2002 and amended by the law of December 27, 2004, the words "with the exception of those who are incorporated in the class A3 at the beginning of a rank of rank 10", are inserted between the words "who are appointed in classes A3, A4 and A5" and the words "are assimilated to jobs considered to be management equivalent to. "
Art. 20. Articles 18 and 19 produce their effects on 10 January 2005.
CHAPTER II. - Municipal administrative sanctions
Art. 21. In section 119bis of the new communal law, inserted by the law of 13 May 1999 and amended by the laws of 26 June 2000, 7 May 2004 and 17 June 2004, the following amendments are made:
1° § 2, paragraph 3 is replaced by the following paragraph:
“By derogation from § 1^er, the municipal council may, in its regulations and orders, provide for the administrative penalty referred to in paragraph 2, 1°, for an offence under articles of Book II, Title X of the Criminal Code and articles 327 to 330, 398, 448, 461, 463, 526, 537, 545, 559, 1°, 561, 1°, or 563, 2° and 3°, of the Criminal Code. »;
2° in § 2, paragraph 7, the words ", even if this person became a major at the time of the judgment of the facts. are inserted between the words "at the time of the facts" and the words "may be the object";
3° § 6, paragraph 2, 1°, is completed as follows:
"In the case of a multi-communal police zone, these communal agents may carry out findings in the territory of all municipalities that are part of this police zone, provided that a prior agreement has been reached to that end between the municipalities concerned. »;
4° § 7 is replaced by the following provision:
« § 7. 1 If the facts constitute both an offence under articles 327 to 330, 398, 448, 461, 463, 526, 537, 545, 559, 1°, 561, 1°, or 563, 2° and 3° of the Criminal Code and an administrative offence, the original of the finding is sent to the King's Prosecutor no later than in the month of the finding of the offence. If not, no administrative penalty may be imposed.
The police officer or auxiliary officer expressly records in the minutes the date on which the person was sent or delivered to the King's Prosecutor. A copy is sent to the grievor at the same time;
2° where the offence is punishable only by administrative penalty, the original of the finding is sent to the grievor no later than in the month of the finding of the offence. If not, no administrative penalty may be imposed;
3° Police or public officials always transmit to the Crown Prosecutor a copy of the findings on charges of minors for acts that are punishable only by administrative sanction;
4° in the event that the finding is established by an agent of a public transport company, the latter sends it to the competent official in the territory of the municipality where the facts occurred. »;
5° to § 8, paragraph 2, are amended as follows:
1° the words "by articles 526, 537 and 545 of the Criminal Code" are replaced by the words" by articles 526, 537, 545, 559, 1°, 561, 1°, and 563, 2° and 3° of the Criminal Code;
2° the words "one month" are replaced by the words "two month";
6° it is inserted a § 8bis, written as follows:
“§ 8bis. If, apart from the competitions mentioned in § 7, an act constitutes both a criminal offence and an administrative offence, the procedures for the offences referred to in the articles of Book II, Title X of the Criminal Code and articles 526, 537 and 545 of the Criminal Code are applicable. »;
7° § 9bis is supplemented by the following paragraph:
“By derogation from § 9, the recommended letter referred to in § 9, paragraph 1^er, is sent to the minor as well as to his father and mother, guardians or persons who have custody of the minor. These parties have the same rights as the offenders themselves. »;
8° to § 10, paragraphs 2 and 3 are replaced by the following:
"This decision is notified to the offender by registered letter and in the case of a minor offender, to the minor and to his or her father and mother, guardians or persons in custody.
The father and mother, guardians or persons who have custody of the minor are civilly responsible for the payment of the fine.
The decision referred to in paragraph 2 shall be notified to the interested parties within six months. This period shall take place from the date of receipt of the copy of the minutes or receipt of the notice by the persons mentioned in § 6, paragraph 2.
The grievor can no longer impose administrative fines after this period. It may transmit a copy of the minutes or the statement made by the persons referred to in § 6, paragraph 2, as well as a copy of its decision to any party having an interest in it and who has forwarded a written and substantiated request. »;
9° to § 12, paragraphs 1^er to 3 are replaced by the following:
"The municipality, in the event of a decision not to impose an administrative fine made by a designated provincial official, or the offender may lodge a written complaint with the police court, in accordance with civil procedure, in the month of notification of the decision.
However, if the decision relates to minors who have attained the age of sixteen at the time of the incident, the appeal is filed by free request to the youth court. In this case, the remedy may also be introduced by the father and mother, guardians or persons who have custody of the remedy. The youth court remains competent if the offender is a major person at the time of his decision.
The police court or youth court shall decide, in the context of an adversarial and public debate, on the appeal against administrative sanctions referred to in § 2, paragraph 2, 1°. He judges the legality and proportionality of the imposed fine. »;
10° § 12, paragraph 5, is supplemented as follows:
"In this case, section 60 of the Youth Protection Act of 8 April 1965 is applicable. »;
11° § 12, paragraph 6, is replaced by the following:
"The decision of the police court or youth court is not subject to appeal.
However, when the youth court decides to replace the administrative penalty with a measure of custody, preservation or education referred to in section 37 of the Youth Protection Act of 8 April 1965, its decision may be appealed. In this case, the procedures set out in the Act of 8 April 1965 on the protection of youth for acts qualified offences are applicable. »
Art. 22. Sections 559, 1°, 561°, 1°, 562, 563, 2° and 3°, 564, 565 and 566 of the Criminal Code contained in Book II, Title X of the Criminal Code and repealed by the Act of 17 June 2004 as well as the title of Book II, Title X of the Criminal Code are restored as they were written before their repeal.
PART V. - Defence
CHAPTER I^er. - Amendments to the Act of 21 December 1990 on the Status of Military Candidates in the Active Framework
Art. 23. Section 15 of the Act of 21 December 1990 on the status of active military candidates, as amended by the Acts of 20 May 1994 and 27 March 2003, is repealed.
Art. 24. Article 20, paragraph 1^er, from the same law, as amended by the Act of 22 March 2001, the words "Reviews to be submitted" are deleted.
Art. 25. An article 20bis, as follows, is inserted in the same law:
"Art. 20bis. - Throughout the training, the candidate must:
1° possess the required professional and material qualities as well as the physical qualities required in the physical condition;
2° possess the medically required physical qualities;
3° possess the moral qualities necessary to the category of personnel for which it is formed.
If a portion of the training cycle is followed in an institution referred to in section 20, paragraph 2, it shall be taken into account, for that part, the regime of that institution with respect to the granting of an exemption or adjournment, the professional appreciation, the organization and operation of the deliberation commission and the measures to be taken by that commission. Appreciation of physical and physical qualities may be limited to certain periods of training. »
Art. 26. Article 20ter, as follows, is inserted in the same law:
"Art. 20ter. § 1^er. During a period of education or training, the evaluation of professional qualities is based on the results obtained for the elements of this training period.
During an internship or evaluation period, the assessment of professional qualities is to verify the extent to which the candidate is capable of performing independently the tasks entrusted to him, as the case may be, as an officer, non-commissioned officer or volunteer. This assessment is expressed by one of the following: "sufficient", "sufficient", "good" or "very good".
§ 2. The professional qualities of any candidate are appreciated, if any, at least:
1° during academic training, at the end of each year of training and at the end of academic training;
2° during the period of instruction, once a year of training and at the end of the period of instruction;
3° during the internship period, once a year of training and at the end of the internship period;
4° during the evaluation period, once per training year and at the end of the evaluation period.
The King may set additional professional appreciation moments, depending on the specific training cycle of the candidate.
In case the moments of appreciation coincide, only one assessment is made. »
Art. 27. An article 20quater, as follows, is inserted in the same law:
"Art. 20quater. § 1^er. During an education period or during a school training period, the candidate has the required professional qualities if he or she meets the following criteria at the same time, in each assessment referred to in Article 20ter, §2.
1° did not abstain without valid reason to participate in all examinations;
2° having obtained at least the overall minimum rating to succeed;
3° having obtained at least the minimum mark to succeed in each exclusive element.
§ 2. Each assessment carried on a candidate during a period of education or school training referred to in Article 20ter, § 2, for which he did not meet the criteria of success, or during which he did not participate in an examination or trial without valid reason, is subject to the competent deliberation board.
However, the candidate who did not, at any of the two trials, pass the examination on the effective knowledge of the second national language, as provided for in section 3 of the Act of 30 July 1938 concerning the use of languages in the army, continues his training with his initial promotion.
§ 3. With regard to the assessment of professional qualities, the deliberation board decides that the candidate, as the case may be, subject to the application of the provisions of article 20bis, paragraph 2:
1° has the required professional qualities and may, if necessary, continue the training;
2° may present a screening examination, reintroduce and represent, or reintroduce or represent his or her completion memory;
3° can exceptionally resume the training and can be attached to the following promotion;
4° no longer has the required professional qualities and has failed permanently. »
Art. 28. An article 20quinquies, as follows, is inserted in the same law:
"Art. 20quinquies. § 1^er. During an internship or evaluation period, the candidate has the required professional qualities if he or she obtains at least the "sufficient" indication at the annual appraisal and at the end of the internship and evaluation period.
§ 2. Each assessment referred to in § 1^er for which the candidate has not obtained at least the "sufficient" reference is submitted to the competent assessment board.
The assessment board decides that the candidate is:
1° possesses the professional qualities required by assigning him for the assessment concerned the mention "sufficient" and may, if applicable, continue the training;
2° no longer has the required professional qualities and has failed definitively. »
Art. 29. An article 20sexies, as follows, is inserted in the same law:
"Art. 20sexies. § 1^er. The appreciation of the material qualities is the appreciation of the candidate's attitude as a member according to certain criteria, based on observable behaviours. The list of criteria and the list of observable behaviours are fixed by the King.
The weighting and the exclusive or not character of the criteria, the scale of the values of the observable behaviors and the notes to be obtained to succeed are fixed by the King according to the category of personnel for which the candidate is trained and, if any, his specific training cycle, as well as the timing of the appraisal.
However, the list and scale of observable behaviour values are set by the Minister of Defence until December 31, 2006.
§ 2. The candidate's material qualities are appreciated, if any, at least:
1° at the end of the school or instruction period and once a year of training;
2° at the end of the probation period;
3° at the end of the evaluation period.
The King may set additional material appreciation times, depending on the specific training cycle of the candidate. »
Art. 30. Section 20s, as follows, is inserted in the same law:
"Art. 20septies. § 1^er. In order to possess the required material qualities, the candidate must, at each assessment referred to in Article 20sexies, § 2, meet the following criteria of success:
1° having obtained at least the overall minimum rating to succeed;
2° having obtained at least the minimum mark to succeed for each exclusive criterion.
§ 2. Each assessment referred to in § 1^er for which the candidate has not met the criteria for success is submitted, as the case may be:
1° to a commission of deliberation, if it is an assessment established during a period of school training or a period of instruction;
2° to an assessment board if this is an assessment made during an internship or evaluation period.
If the deliberation or evaluation commission confirms the unfavourable assessment, the candidate is considered to have finally failed.
Otherwise, the candidate is expected to have the required material qualities. »
Art. 31. An article 20octies, as follows, is inserted in the same law:
"Art. 20octies. § 1^er. The assessment of physical qualities in terms of physical condition is based on the results obtained in physical condition tests.
Physical condition tests include basic physical condition tests and, for certain specific training cycles, additional physical condition tests.
§ 2. Physical fitness qualities are appreciated at least at the end of each training year.
In order to succeed, the candidate has two tests.
During the first year of training, the physical condition tests may be presented for the first time, as early as the first day of the sixth month following incorporation.
§ 3. The King fixed:
1° the nature and character exclusive or not of the tests;
2° the overall minimum score to be obtained to succeed;
3° additional appreciation times, depending on the specific training cycle of the candidate. »
Art. 32. An article 20novies, as follows, is inserted in the same law:
"Art. 20novies. § 1^er. In order to possess the required physical qualities, the candidate must, at each assessment referred to in section 20octies, meet the following success criteria:
1° having obtained at least the overall minimum rating to succeed;
2° having obtained at least the minimum mark to pass for each exclusive test.
§ 2. Each assessment referred to in § 1^er for which the candidate has not met the criteria for success is submitted, as the case may be:
1° to a commission of deliberation, if it is an assessment established during a period of school training or a period of instruction;
2° to an assessment board if this is an assessment made during an internship or evaluation period.
The Commission may, as the case may be:
1° decide to assimilate the candidate to those who have succeeded, in which case he is supposed to possess the qualities required in the physical condition;
2° decide that the candidate has finally failed because he does not have the required qualities in terms of the physical condition;
3° decide to give an adjournment to the candidate who asks him to represent the basic physical condition tests, in cases that the King fixes;
4° decide to grant an extension of the training period so that it can present the last physical condition tests at a later date fixed. »
Art. 33. Article 20decies, as follows, is inserted in the same law:
"Art. 20decies. - The candidate may appeal to the appeal board, as the case may be, against a decision of the deliberation board or the assessment board.
The appeal board may confirm the decision of the deliberation or evaluation commission or make a new decision.
The King sets out the composition and functioning of the deliberation, evaluation and appeal commissions. »
Art. 34. An article 20undecies, as follows, is inserted in the same law:
"Art. 20undecies. - Has the physical qualities required on a medical basis the candidate who meets the criteria referred to in Article 90, § 1^erParagraph 1^erthe Act of 20 May 1994 on the statutes of military personnel, which corresponds to its specific training cycle. »
Art. 35. An article 20duodecies, as follows, is inserted in the same law:
"Art. 20duodecies. - Has the moral qualities referred to in article 20bis, paragraph 1^er3°, the candidate:
1° that was not convicted of one of the offences referred to in chapters V and VI of Title VII and chapters I^er and II of Title IX of the Criminal Code;
2° that was not sentenced to imprisonment for three months or more from the head of an offence other than those referred to in 1° except for certain offences, determined by the King, the Penal Code and the laws relating to the traffic police coordinated on 16 March 1968.
The King may, depending on the category of personnel for which the candidate is trained, establish additional offences that result in the loss of moral qualities. »
CHAPTER II. - Amendments to the Act of 16 March 1994 on the Status and Retributions of Civilian Teachers of the Royal Military School
Art. 36. Article 1^er, § 2, paragraph 5, of the Act of 16 March 1994 relating to the status and remuneration of the teaching staff of the Royal Military School, replaced by the Act of 27 March 2003, is supplemented as follows:
"On the proposal of the Academic Council of the Royal Military School, they may, if they meet the conditions of qualification, be charged with an additional partial teaching mission by the Commander of the Royal Military School, as the case may be, as a course manager or military course manager. However, the total number of teaching hours of such an additional partial teaching mission may not be higher than one hundred and fifty hours per academic year. »
Art. 37. The following amendments are made to section 4 of the Act:
1° in paragraph 1^er, the words "treatment scales" are replaced by the words "treatment scales, allowances and allowances";
2° the following paragraph is inserted between paragraphs 5 and 6:
"The military repeaters and repeaters who are responsible for an additional partial educational mission receive an allowance. »
CHAPTER III. - Amendment of the Act of 20 May 1994 on the monetary rights of military personnel
Art. 38. Article 10bis, § 3, paragraph 1^er, of the Act of 20 May 1994 on the monetary rights of the military, inserted by the Act of 27 March 2003, is supplemented as follows:
"6° on the occasion of a change of domicile or residence following the transfer of the usual place of work or a circumstance determined by the King. »
CHAPTER IV. - Amendment of the Act of 20 May 1994 on the status of military personnel
Art. 39. It is included in chapter II of the Act of 20 May 1994 on the Status of Military Personnel, section 4, which reads as follows:
“Section 4. - Professional orientation of military personnel
Art. 99 bis. § 1^er. The member of the active policy in active service, who is neither in mobility nor in use and who does not hold a position whose remuneration is not supported by the defence budget may apply to be redirected professionally to a partner employer of the private sector.
A partner employer means any employer within the meaning of the Act of 5 December 1968 on collective labour agreements and parity commissions, subject to Belgian social security and as a rule of social security and security of existence contributions which, either directly or indirectly through its representative employers' or professional organization, has entered into a partnership agreement with the Ministry of National Defence.
As a rule, social security and security of existence contributions are considered, the employer who complies with the provisions of the Royal Decree of January 8, 1996 on public works, supplies and services contracts and public works concessions.
The King sets the times at which it is necessary to prove that the conditions to be a partner employer are fulfilled. The King may set additional conditions for signing a partnership agreement.
§ 2. In order to be redirected professionally, the military must:
1° be part of the target group determined by the King;
2° as the case may be, having completed at least five years of active service as a short-term military service or at least the number of years of active service established by the King in another military capacity;
3° shall not be in a performance period referred to in Article 3 of the Act of 16 March 2000 relating to the resignation of certain military personnel and to the termination of the undertaking or re-engagement of certain military candidates, to the fixing of the period of return and to the recovery by the State of part of the costs granted by the State for the formation and part of the treatments collected during the formation.
However, the member who serves under the commitment or re-engagement regime must be able to complete the re-orientation period without signing a re-engagement.
The King sets out the modalities to apply for professional reorientation.
§ 3. Subject to the application of the provisions of this Article and according to the category of personnel to which they belong, all legal and regulatory provisions relating to the status of officers, non-commissioned officers or volunteers of the active framework shall remain applicable to professionally redirected military personnel.
§ 4. The professional reorientation process includes:
1° a selection phase during which the member, after applying and being approved by the Minister of Defence, participates in the selection organized by the partner employer concerned;
2°, possibly, a training phase organized by this employer, whose actual duration is set out in the individualized annex to the partnership agreement;
3°, possibly, a stage stage organised by this employer, whose concrete duration is set out in the individualised annex to the partnership agreement.
The cumulative duration of the training and internship phases cannot exceed one year.
Upon completion of the internship or failing the completion of the training, an indeterminate employment contract is signed between the employer and the member.
In the absence of an internship and training, as soon as the selection is favourable, an indefinite employment contract is signed between the employer and the selected member.
After the successful completion of the course, or failing the training, as the case may be, the resignation of the member or the termination of his or her appointment or appointment, and the contract of work shall take effect on the first day of the month following the date of success. At that date, the member loses the military status of the active military.
However, in the absence of a training and internship phase, as the case may be, the resignation or termination of the engagement or re-engagement, and the contract of work shall take effect on the first day of the month following the date of the favorable selection of the member.
§ 5. During the professional reorientation process, the member benefits from the same monetary benefits as the member in normal service.
When the member performs benefits in the voluntary work plan for the four-day week or in the early-to-half-time plan, it is terminated when the member begins a training or internship phase.
The King may provide for a starting bonus to which He sets the amount and terms of payment.
In the event of possible reintegration, the starting bonus must be refunded.
The short-term member whose termination of the undertaking or re-engagement takes place in the context of professional re-orientation, may not benefit from either the starting bonus or the exemption from service referred to in section 26 of the Act of 20 May 1994 relating to the status of the short-term military. The short-term military cannot be reintegrated.
§ 6. The partnership agreement includes at least:
1° the selection procedure and criteria;
2° the rules relating to the cost of training;
3° the procedure and evaluation criteria applicable during the training;
4° the rules relating to care, including employer contributions, salary, allowances, allowances, bonuses, benefits of any kind, benefits and family allowances of the military during the selection and training phases; these costs are always fully borne by the partner employer during the internship phase;
5° if a training or internship phase is planned, the rules relating to the civil liability of the employer, and if applicable, the proof of coverage of the risks associated with work accidents and the manner in which such evidence is provided;
6° the practical modalities to denounce the agreement;
7° the duration of the agreement;
8° in Appendix, if applicable, a list of employers affiliated to the employer or representative professional organization.
For each professionally redirected member, an individualized annex is established, which includes at least:
1° the concrete duration of possible training and training phases;
2° fixing the course program during the training phase and the schedule;
3° the contract of employment;
4° the rules of work and collective labour agreements that are or will be applicable to the ex-military.
A copy of the partnership agreement and the individualized schedule shall be delivered no later than five working days before the signature of the employment contract to the professionally redirected member.
§ 7. With a written notice of three months, the signatory parties to the partnership agreement may denounce the partnership agreement. In the event of denunciation, the current professional reorientation processes continue until their completion. »
CHAPTER V. - Amendment of the Act of 25 May 2000 establishing the voluntary work regime of the four-day week and the early-to-half-time departure regime for certain military personnel and amending the status of the military to introduce temporary employment withdrawal by career interruption
Art. 40. In Article 23, § 2, of the Act of 25 May 2000 establishing the voluntary work regime of the four-day week and the early-to-half departure regime for certain military personnel and amending the status of the military in order to establish the temporary withdrawal of employment by career interruption, are made the following amendments:
1° in paragraph 2, the words "articles 4 to 9" are replaced by the words "articles 4 to 10";
2° Paragraph 3 is replaced by the following paragraph:
"Without prejudice to section 7, § 4, of the same law, in the event that the revenues of this occupational activity exceed the cumulative limits provided for in sections 4 and 9 of the Act of April 5, 1994 regulating the accumulation of public-sector pensions with revenues derived from the exercise of a professional activity or with a replacement income, the processing of 75% will be reduced from revenues exceeding these limits. »
PART VI. - Public enterprises
CHAPTER I^er. - Biac - Belgocontrol
Art. 41. The Royal Decree of 22 December 2004 to revoke the legal pension obligations of Brussels International Airport Company is confirmed with effect on the date of its entry into force.
Art. 42. The Royal Decree of 27 December 2004 of restructuring the legal pension obligations of Belgocontrol is confirmed with effect on the date of its entry into force.
Art. 43. This chapter comes into force on the day of the publication of this Act to the Belgian Monitor.
CHAPTER II. - S.N.C.B. - Equalization
Art. 44. With respect to the S.N.C.B.-Holding and its subsidiaries, the deduction referred to in section 39quater of the Act of 29 June 1981 establishing the general principles of social security for employees is attributed to the S.N.C.B.-Holding. A portion of the deduction, that is, 7.5%, is allocated in compensation for expenses resulting from the normalization of accounts with respect to staff pensions and similar expenses. The remaining part is assigned internally.
Art. 45. Infrabel will be charged to the S.N.C.B. before October 15, 2005, a lump-sum cost supplement for the use of the infrastructure of 300.000.000 euros. This amount will be added to the infrastructure usage royalties calculated on the basis of the formulae set out in the Network Reference Document, which is applicable from December 2004 to December 2005.
The royalty surcharge will only be related to the internal transport of passengers.
By derogation from section 50 of the Royal Decree of 12 March 2003 on the terms and conditions of use of railway infrastructure, as amended by section 27 of the Royal Decree of 11 June 2004, as confirmed by section 311 of the Program Law of 27 December 2004, Infrabel is authorized to increase the value of the unitary coefficients and prices contained in the Network Reference Document, which is applicable from December 2005 to December 2006, at least
Art. 46. Section 44 produces its effects on 1^er January 2005.
PART VII. - Mobility
CHAPTER I^er. - Rail transport
Art. 47. In section 310 of the Program Law of 27 December 2004, the following amendments are made:
1° to § 1^er, paragraph 2, the words "integrates this cost into the calculation of the railway infrastructure charge" are replaced by "impute these costs to railway companies";
2° to § 2, the words "imputation and" are inserted between the words "conditions" and "payment"
CHAPTER II. - Air transport
Section 1^re. - National Monitoring Authority (NSA)
Art. 48. For the application of the first section, it is necessary to hear by:
1° « Single European Package » : all the European provisions contained in the regulations 549/2004/EC of the European Parliament and of the Council of 10 March 2004 setting a framework for the realization of the single European sky, 550/2004/EC of the European Parliament and the Council of 10 March 2004 on the provision of air navigation services in the single European sky, 551/2004/EC of the European Parliament and the Council of 10 March 2004 on the organization and use of the European Parliament
2° "National Supervisory Authority (NSA): the national supervisory authority referred to in section 4 of Regulation 549/2004/EC, referred to above, designated by the King within the Federal Public Service Mobility and Transport.
Art. 49. In order to perform the tasks assigned to the National Supervisory Authority under the "European Single Sky" package, staff of Belgocontrol and the Ministry of Defence may be made available, on a voluntary basis, to the Federal Public Service Mobility and Transport and placed under its authority under the terms set by Royal Decree deliberated in the Council of Ministers.
The status of Belgocontrol personnel, including union status, remains applicable to this staff.
Staff members referred to in paragraph 1 shall be held in professional secrecy with respect to the facts, acts and information that they will be aware of as a result of their duties.
Art. 50. Belgocontrol pays a royalty to the Treasury to cover the full operating and personnel costs of the National Surveillance Authority (NSA).
Belgocontrol imputes these costs to airlines prorated the number of service units (service units).
The King shall, by a royal decree deliberated in the Council of Ministers, determine the amount of the royalty referred to in paragraph 1^er and the methods of imputation and payment of these.
Art. 51. This section comes into force on the date fixed by the King.
Section 2. - Brussels-National Airport
Art. 52. For the purposes of section 2, it is necessary to hear by:
1° "airport facilities": any surface referred to in Article 1^er, 2°, of the Royal Decree of 27 May 2004 concerning the transformation of Brussels International Airport Company (BIAC) into an anonymous company of private law and airport facilities;
2° "operating licence": the licence referred to in section 26 of the Royal Decree of 27 May 2004, referred to above;
3° "Economic Regulation Authority": the economic regulation authority referred to in Article 1^er6°, of the Royal Decree of 27 May 2004, referred to above, and designated by the King.
Art. 53. The licensee of the operating licence shall pay a royalty to the Treasury to cover all operating expenses and personnel of the economic regulatory authority.
The licensee of the operating licence shall charge these costs to airlines on the basis of the movements made in the airport facility.
The King shall, by a royal decree deliberated in the Council of Ministers, determine the amount of the royalty referred to in paragraph 1^er and the methods of imputation and payment of it.
Art. 54. This section comes into force on the date fixed by the King.
PART VIII. - Economy and Energy
CHAPTER I^er. - Complementary pensions for independents
Art. 55. Article 2, § 3, 4°, of the Act of 9 July 1975 on the control of insurance companies, is replaced as follows:
"4° to pension funds that are engaged in the creation of extra-legal benefits in respect of pension and death for independent persons, as referred to in Part II, Chapter I, Section 4, of the Program Law (I) of 24 December 2002, and for non-independent persons, as referred to in section 54 of the Act respecting compulsory health care and benefits, coordinated on 14 July 1994, and the coverage referred to in section 54 »
Art. 56. Section 55 produces its effects on 1^er January 2004.
CHAPTER II. - Self-employed pension
Art. 57. Article 30bis, paragraph 3, 3°, of Royal Decree No. 72 of 10 November 1967 concerning the pension and survival of independent workers, replaced by the Royal Decree of 26 March 1981 and amended by the laws of 26 June 1992 and 7 April 1995 and the Royal Decree of 30 January 1997, is replaced by the following provision:
"3° the terms and conditions of the control of the pension beneficiary who continues or resumes his or her professional activity, as well as the obligations of the employer who handles it. »
Art. 58. Article 57 comes into force on the date fixed by the King.
CHAPTER III. - Amendment of the Act of 11 March 2003 on certain legal aspects of the services of the information society
Art. 59. Article 21, § 2, of the Law of 11 March 2003 on certain legal aspects of the services of the information society, is replaced by the following text:
“§2. Providers referred to in § 1^er have the obligation to promptly inform the competent judicial or administrative authorities of the alleged unlawful activities of the consignees of their services, or of the alleged unlawful information that they would provide.
Without prejudice to other legal or regulatory provisions, the same providers are required to communicate to the competent judicial or administrative authorities, at their request, all the information they have and useful to the research and recognition of the offences committed by them. »
CHAPTER IV. - Energy
Section 1^re. - Degressivity and measures to promote renewable energy projects and offshore energy projects
Art. 60. Section 2 of the Act of 29 April 1999 on the organization of the electricity market, as amended by the Acts of 30 December 2001, 14 January 2003, 20 March 2003 and 1^er June 2005 is completed as follows:
"35° "consumption site": consumption facilities located in a topographically identified location whose electricity is taken from the network by the same transport or distribution network user. The same network of railways or urban rail transport, even if there are several power points, is considered to be a single consumption site;
36° "Injected power": the net energy injected on the network by an electricity production facility, per unit of time, expressed in kilowatt (kW);
37° "Injected Power Appointment": the expected value of the injected power, expressed in kilowatt (kW), which is communicated to the network manager in accordance with the technical regulation referred to in Article 11;
38° "production deviation": the difference, positive or negative, between, on the one hand, the injected power and, on the other hand, the nomination of the injected power for a given unit of time, at a specific time, expressed in kilowatt (kW);
39° "percentage of production deviation": the quotient, expressed in percent, of the production gap divided by the nomination of injected power;
40° "market reference price": the price in force, for the unit of time concerned, of the Belgian electricity exchange and, if not, of the Dutch electricity exchange. »
Art. 61. Section 4 of the Act, amended by the Acts of 31 January 2003 and 1^er June 2005 is completed as follows:
“§4. After the commission's notice, by order deliberately in the Council of Ministers, the King determines the specific conditions relating to the production gap applicable to new production facilities, regardless of the nature of the primary energy used, when the holder of the authorization of the new facility did not feed, alone or with the facilities of the companies connected to it, for more than 10 percent of the energy consumed in Belgium during the previous year. For the production facilities mentioned above, operating on the basis of renewable energy or co-generation, these special conditions are determined after consultation with the Regions. »
Art. 62. Article 7 of the same law, as amended by the Act of 20 March 2003, whose current text will form § 1^er is supplemented by the following paragraphs:
“§2. For the new electricity production facilities from the winds in the marine areas on which Belgium can exercise its jurisdiction in accordance with international maritime law, subject to a state concession referred to in Article 6, the network manager finances the cost of the submarine cable up to one third, for a maximum of 25 million euros for a project of 216 MW or higher. This financing of 25 million euros is reduced proportionally when the project is less than 216 MW. In this amount is included the purchase, delivery and installation of the submarine cable, as well as the connection facilities, equipment and connection connections of the mentioned production facilities. This funding is spread over five years, with a fifth per year taking place on the start date of the work. The commission controls the total cost to be taken into consideration for the contribution, based on the offer, or offers, that the holder of the state concession referred to in Article 6, § 1^ertakes into account in accordance with the Act of 24 December 1993 on public procurement and certain contracts of work, supplies and services. The commission exercises this control within a period of one month after the presentation of the so-called offer, or so-called offers, by the holder of the state concession referred to in Article 6, § 1^er. The contribution is paid in five equal brackets from the month following the beginning of the first work, and on the same date the following years.
In the event that the 216 MW projected are not reached, within the five years of the start of the work, a pro rata amount of 25 million euros is claimed on the initiative of the Minister, after notice of the commission.
The payment of each instalment is made after application by the holder of the state concession referred to in Article 6, § 1^er. This application includes:
1° proof of the completion of the authorized investment program that the commission can control either on the basis of the documents transmitted by the licensee or on the premises;
2° the production of proof of compliance with tax and social legislation and regulations during the closed year prior to the application for payment.
In the absence of compliance with the terms and conditions referred to in paragraph 3, on a proposal by the commission, the Minister shall suspend the payment of the annual instalment. In case of non-compliance with these conditions due to a force majeure case and if the business activity continues, the payment of the annual instalment may be maintained by the Minister.
In the event of a withdrawal of the award of payment, the recovery of contested payments is made on the initiative of the Minister by all means of law.
The terms of this funding will be determined by contract between the network manager and the holder of the state concession. The cost of this contribution funded by the network manager is a cost attributable to the tasks referred to in section 8.
§ 3. For facilities referred to in § 2, the production gap is determined for each unit of time (in kW). The King sets out the modalities for calculating the production gap on the proposal of the network manager and the Commission's advice, including how the incremental costs are incorporated into the network manager's tariffs, taking into account the following provisions:
1° the amount of energy corresponding to a percentage of positive production deviation less than or equal to 30% is purchased by the network manager at the market reference price, reduced by 10%;
2° the amount of energy corresponding to a percentage of negative production deviation whose absolute value is less than or equal to 30% is provided by the network manager to the concessionaire at the market reference price, increased by 10%;
3° the amount of energy corresponding to a percentage of production deviation whose absolute value exceeds 30% is calculated on the basis of the network manager's tariff for the compensation of imbalances or, where applicable, in accordance with market conditions for the energy of imbalance.
§ 4. For installation projects referred to in § 2, introduced until December 31, 2007, and in case of withdrawal of the state concession referred to in Article 6, § 1^er, or any other permit or authorization granted by the federal government and necessary for the complete realization of the project, or in the event of an arrest during the construction period of the project, as a result of an order not based on regulation, taken or not on the advice of the competent body, without being reproached to the holder of the land concession, a demonstrable negligence or a failure, an investment, as described in the paragraph
At the time of the withdrawal or stop as described in paragraph 1^eran assessment is made by the commission. This evaluation takes into account:
1° the total annual cost covering investments, operating expenses and financial expenses;
2° the various revenues derived from the current regulatory framework and the possibilities of redemption of energy.
The Commission proposes, based on the assessment of paragraph 2, the necessary modifications to the green certificate price applicable to this project, in order to ensure a profitability equivalent to that of a long-term investment with similar risks, in accordance with the best practices of international financial markets.
Within sixty days after receiving the Commission's proposal, the King shall, on the basis of the Commission's proposal, fix the necessary modifications to the green certificates for the project by order in Council of Ministers.
The Commission ensures that its proposal is consistent with existing regulations. »
Art. 63. An article 21bis, as follows, is inserted in the same law:
"Art. 21bis. § 1^er. A "federal contribution" is taken to finance certain public service obligations and costs related to the regulation and control of the electricity market. The federal contribution is due by the final customers on each kWh they collect from the network for their own use. Suppliers are responsible for their perception. This federal contribution is subject to T.V.A. The proceeds of this federal contribution are intended to:
1° to the financing of the obligations resulting from the denuclearization of BP1 and BP2 nuclear sites in Mol-Dessel, as well as the treatment, packaging, storage and disposal of accumulated radioactive wastes, including radioactive waste resulting from the denuclearization of facilities resulting from nuclear activities at these sites;
2° to the partial financing of the operating costs of the commission referred to in Article 25, § 3, notwithstanding the other provisions of Article 25, § 3;
3° to the partial financing of the implementation of the accompanying measures and financial social assistance in the field of energy provided for in the Act of 4 September 2002 to entrust to the public welfare centres the mission of guidance and financial social assistance in the context of the provision of energy to the poorest persons;
4° to the financing of the federal policy to reduce greenhouse gas emissions with a view to complying with Belgium's international commitments to environmental protection and sustainable development;
5° to the financing of the actual net cost resulting from the application of the maximum prices for the supply of electricity to residential protected customers, as determined in Article 20, § 2.
The share of electricity supplied to final customers and produced from renewable energy sources or quality cogeneration units is exempt from the part of the overload referred to in 1° and 4°. The King stops the application of the exemption.
§ 2. When a quantity greater than 20 MWh/year is provided to a consumer site for professional use, from 2006 onwards, the federal contribution to these end customers is reduced, based on their annual consumption, as follows:
1° for consumption between 20 MWh/year and 50 MWh/year: 15 percent;
2° for consumption between 50 MWh/year and 1000 MWh/year: 20 percent;
3° for consumption between 1000 MWh/year and 25,000 MWh/year: 25 percent;
4° for consumption between 25,000 MWh/year and 250,000 MWh/year: 45 percent.
When per consumer site and per year, a quantity greater than 250,000 MWh is provided to a final customer, the federal contribution for this consumer site is not more than 250,000 euros.
The decreases referred to in subparagraphs 1^er and 2 are valid for electricity collected by all final customers except those who have not subscribed to the branch agreements or "convenient" to which they can subscribe.
When it turns out that a company, which has entered into a branch agreement or agrees and which benefits from degressiveness following its declaration of compliance with it, does not comply with the obligations of this branch agreement or "convenient" as provided by the Regions, it is obliged to refund to the commission the amounts that have not been paid by the undue application of degressiveness. In addition, it loses the right to degressiveness for the following year.
§ 3. In order to cover the total amount resulting from the application of the decreases in the federal contribution referred to in § 2, the following are allocated to the funds referred to in Article 21ter, § 1^er :
1° the revenues resulting from the increase in the special excise law set out in article 419, point (e) (i) and point (f) (i) of the programme law of 27 December 2004 for the gasoil of codes NC 2710 19 41, 2710 19 45 and 2710 19 49, to a maximum of 7 euros per 1,000 litres to 15°, when this increase is made in accordance with the procedure provided for in Article 420 §
2° if the total of the sums from the 1st of this paragraph is not sufficient to cover the total amount of the decreases, it shall be allocated in addition a portion of the revenues resulting from the special excise law established in section 419, point (j) of the programme law of 27 December 2004 for coal, coke and lignite of codes NC 2701, 2702 and 2704;
3° if the total of the sums from 1° and 2° of this paragraph is not sufficient to cover the total amount of the decreases, it is allocated in addition part of the proceeds of corporate tax.
The codes of the combined nomenclature referred to in this Article are those contained in the European Commission Regulation No. 2031/2001 of 6 August 2001 amending Annex I^re Council Regulation No. 2658/87 on tariff and statistical nomenclature and common tariffs.
§ 4. The annual cost for each end-customer benefiting from de-ressivity, as provided in paragraph 2, of all the measures provided for in Article 7, § 2, and of the provisions for the redemption of green certificates, taken under Article 7, § 1^er, for electricity production facilities located in the marine areas, cannot exceed between 2006 and 2024, the amount saved annually by applying the decreases referred to in § 2. The commission is responsible for the verification and monitoring of compliance with this measure. When the cost of all of these measures exceeds the amount saved, the amount provided for in the financing of de-ressivity will be increased proportionally in order to maintain the benefit of the decreases.
§ 5. For consumption from 1^er October of 2005, and for the rest of this year, the federal contribution applicable to end-users benefiting from de-ressivity is reduced, based on their annual consumption:
1° for consumption between 20 MWh/year and 50 MWh/year: 30 percent;
2° for consumption between 50 MWh/year and 1000 MWh/year: 40 percent;
3° for consumption between 1000 MWh/year and 25,000 MWh/year: 50 percent;
4° for consumption between 25,000 MWh/year and 250,000 MWh/year: 90 percent.
When per consumption site and on an annual basis, a quantity greater than 250,000 MWh is provided to a final customer, the federal contribution for this consumption site is not more than 125,000 euros for the second part of 2005, or 62,500 euros for the fourth quarter.
§ 6. The King may adapt the percentages referred to in § 2 by order deliberately in the Council of Ministers and after notice of the commission. Any order made for this purpose is supposed to have never produced any effects if it has not been confirmed by law within 12 months of its effective date. »
Art. 64. An article 21ter, as follows, is inserted in the same law:
"Art. 21ter. § 1^er. Suppliers pay the perceived federal contribution referred to in Article 21bis, § 1^erTo the commission. The King determines by deliberate decrees in the Council of Ministers the amounts of the federal contribution that the commission pays:
1° in a fund managed by the commission for the financing of its operating costs in accordance with Article 25, § 3;
2° in the fund referred to in Article 21 (1)^er3°, with a view to the partial financing of the implementation of the measures referred to in Article 21bis, § 1^erParagraph 1^er3°;
3° in a fund for the benefit of the National Organization of Radioactive Wastes and Enriched Fissile Materials, for the financing of the implementation of the measures referred to in Article 21bis, § 1^erParagraph 1^er1°;
4° in a fund for the financing of the federal policy for the reduction of greenhouse gas emissions, managed by the commission, as referred to in Article 21bis, § 1^erParagraph 1^er4°;
5° in a fund for the benefit of residential protected customers, as referred to in Article 21bis, § 1^erParagraph 1^erFive.
In order to obtain the amount of the federal contribution it is intended, the National Organization of Radioactive Wastes and Enriched Fissile Materials shall appeal to the commission on the terms determined under § 2, 1°. At the same time, the National Organism of Radioactive Wastes and Enriched Fissile Materials sends an invoice to the Belgian State for the same amount as the appeal of funds, increased from the T.V.A. on this amount. This invoice mentions the disposition of the amount by the appeal of funds to the commission and requests the payment of the T.V.A. This T.V.A. is paid by a debit in the fund referred to in paragraph 1^erFour. Upon receipt of the invoice, an application is sent to the Administration of the Taxation of the Companies and Revenues of the Federal Public Service Finance in order to compensate for this debit by an allocation from VAT receipts, in the calendar year of the invoice date. The debit shall be refunded to the fund referred to in paragraph 1^er4°, in the month following receipt of the claim for compensation.
§ 2. By order deliberately in the Council of Ministers, the King determines:
1° the amount, method of calculation and other terms of the federal contribution referred to in Article 21bis, § 1^er;
2° the terms and conditions for payment of the federal contribution for final customers who are likely not to be supplied by a supplier or who sell their electricity;
3° the package that can be taken into account by suppliers to cover administrative costs related to the collection of the federal contribution, financial expenses and risks;
4° the modalities for the management of these funds by the commission;
5° the terms and conditions of incorporation and the amount of the bank guarantee of good end of payment made by suppliers and callable at first request;
6° the terms of the proof to be provided annually by the final customers to their supplier to attest that they meet the conditions to benefit from deressivity.
§ 3. On the proposal of the commission, the King sets the rules for determining the cost to the electricity companies of the activity described in Article 20, § 2, and their intervention for its care.
§ 4. Each order setting out the amount, method of calculation and other terms of the federal contribution referred to in Article 21bis, § 1^er, is supposed to have never produced effects if it is not confirmed by a law within twelve months after the effective date
§ 5. For the year 2005, the amounts of the federal contribution paid by the commission under § 1^er, are determined:
1° for the fund referred to in § 1^er, 1°, by Article 2 of the Royal Decree of 13 February 2005 setting the amounts for the financing of the operating costs of the Electricity and Gas Commission for the year 2005;
2° for the fund referred to in § 1^er, 2°, by Article 4, § 4, of the Royal Decree of 24 March 2003, setting out the terms of the federal contribution intended for the financing of certain public service obligations and the costs related to the regulation and control of the electricity market;
3° for the fund referred to in § 1^er, 3°, by the Royal Decree of 19 December 2003 setting the amounts for the financing of nuclear liabilities BP1 and BP2 for the period 2004-2008 pursuant to Article 4, § 2, of the Royal Decree of 24 March 2003 setting out the terms of the federal contribution for the financing of certain public service obligations and costs related to the regulation and control of the electricity market;
4° for the fund referred to in § 1^er4°, by Article 4, § 3, of the Royal Decree of March 24, 2003, setting out the terms of the federal contribution intended for the financing of certain public service obligations and the costs associated with the regulation and control of the electricity market;
5° for the fund referred to in § 1^er, 5°, by article 1^er of the Royal Decree of January 27, 2005 determining the 2005 amounts of funds for the financing of the real cost resulting from the application of maximum prices for the supply of electricity and natural gas to residential protected customers. »
Art. 65. The Act repeals:
Article 12, § 5, inserted by the law of 24 December 2002;
2° Article 20, § 2, paragraphs 3 and 4, replaced by the Act of 20 March 2003;
3° Article 21, paragraph 4, inserted by the law of 24 December 2002 and amended by the law of 27 December 2004, and paragraphs 5 and 6, inserted by the law of 24 December 2002.
Art. 66. Articles 60 to 62 produce their effects on 1^er July 2005. Sections 63 to 65 come into force on 1^er October 2005.
Section 2. - Appeal against the decisions of the CREG
Art. 67. It is inserted in the law of 29 April 1999 on the organization of the electricity market, in chapter VIbis, inserted by the law of 16 July 2001 and amended by the law of 27 July 2005 organizing the remedies against the decisions taken by the Electricity and Gas Commission, an article 29quater, which reads as follows:
"Art. 29quater. § 1^er. The appeal referred to in section 29bis has no suspensive effect unless it is directed against a decision of the board imposing an administrative fine. However, the Brussels Court of Appeal, which is seized of such a remedy, may, before the right of the person, order the suspension of the enforcement of the decision under appeal, where the applicant invokes serious means that may justify the annulment or reformation of the decision and that the immediate execution of the decision may result in a serious, difficult-reparable injury. The Court shall decide any cases that are pending on the application for suspension.
§ 2. The appeal shall be filed, under penalty of inadmissibility, by request signed and filed at the office of the Court of Appeal of Brussels within thirty days from the notification of the decision or, for those interested in whom the decision has not been notified, within thirty days from the date of publication of the decision or, in the absence of publication, within thirty days of the decision taken. The application is filed in the Registry as many copies as parties to the case.
§ 3. Within three working days after the filing of the request, the request shall be notified by judicial fold by the court of appeal to all parties called to the case by the applicant. In addition, within the same period, the Court of Appeal's Registry requests the Board's Management Committee to send the administrative file on the act under attack. The transmission is made within five working days of receipt of the request. The administrative file may be consulted by the parties at the Court of Appeal Registry from the time of filing and until the hearings are closed.
§ 4. At any time, the Brussels Court of Appeal may call on the case any other person whose situation may be affected by the appeal decision, to intervene in the proceeding.
§ 5. Part IV, Book II, Part III, Chapter VIII of the Judicial Code is applicable to proceedings before the Brussels Court of Appeal.
§ 6. The Brussels Court of Appeal sets out the deadlines in which the parties communicate their written submissions and file a copy of them at the Registry. The court also sets the date of the proceedings.
The Court of Appeal of Brussels shall rule within sixty days of the filing of the application, referred to in § 2. »
Art. 68. It is inserted in the same law, in chapter VIbis, inserted by the law of 16 July 2001 and amended by the law of 27 July 2005 organising remedies against the decisions taken by the Electricity and Gas Commission, an article 29quinquies, as follows:
"Art. 29quinquies. § 1^er. The appeal to the Council of Competition is subject to the rules of instruction and procedure relating to the restrictive practices of Competition, established by the Law of 5 August 1991 on the Protection of the Economic Competition, coordinated on 1^er July 1999.
§ 2. The appeal shall be lodged with the Council of the Competition within thirty days of the notification of the decision or, for those interested in whom the decision has not been notified, within thirty days of the publication of the decision or, if not published, within thirty days of the notice of the decision.
The Council of the Competition shall rule within four months, referred to in articles 16 et seq. of the Act of 5 August 1991 on the protection of economic competition. »
Art. 69. In the same Act, as amended by the Act of 27 July 2005, organising remedies against decisions taken by the Electricity and Gas Commission, chapters VIter and VIquater are inserted, as follows:
« CHAPTER VIter. - Power of suspension of the Council of Ministers
Art. 29sexies. § 1^er. The Council of Ministers may, on the proposal of the Minister, by a deliberately motivated order within it, suspend the execution of decisions made pursuant to section 12 and its enforcement orders by which the commission violates the law or injures the general interest, or the decisions that the Council of Ministers considers contrary to the guidelines of the country's energy policy, including the government's objectives relating to the supply of the country with energy.
The Commission shall notify the Council of Ministers of the decisions referred to in the preceding paragraph immediately after their adoption.
The suspension order must intervene within thirty days of the receipt of the commission's decision by the Council of Ministers. It is immediately notified to the commission and to the interested parties.
The Commission shall amend the decision suspended within fifteen days of its suspension in accordance with the reasoned order set out in paragraph 1^er.
§ 2. The introduction of an appeal against the decision of the Council of Ministers is admissible if an appeal is brought at the same time against the amended decision of the Commission.
§ 3. By order deliberately in the Council of Ministers, the King sets out the procedures described in § 1^er.
CHAPTER VIquater. - Advertising of Commission decisions
Art. 29s. - The final versions of the decisions of the Board of Directors or the General Council of the Commission shall be public and shall be published on the Commission ' s website, www.creg.be, unless the Commission ' s bodies have decided otherwise. »
Art. 70. In the Act of 12 April 1965 on the transport of gaseous and other products by pipelines, last amended by the Act of 1^er June 2005, and by the Act of 27 July 2005 organizing appeals against decisions taken by the Electricity and Gas Commission, chapter IVs, are included in sections 15/21 and 15/22, as follows:
"Art. 15/21. § 1^er. The appeal referred to in section 15/19 does not have a suspensive effect unless it is directed against a Board decision imposing an administrative fine. However, the Brussels Court of Appeal, which is seized of such an appeal, may, before being entitled, order the suspension of the enforcement of the decision being appealed when the applicant invokes serious means that could justify the annulment or reform of the decision and that the immediate execution of the decision may cause it to be severely harmed. The Court shall decide any cases that are pending on the application for suspension.
§ 2. The appeal shall be appealed, barely inadmissible, which shall be pronounced ex officio, by a petition signed and filed with the Registry of the Court of Appeal of Brussels within thirty days from the notification of the decision or, for those interested in whom the decision has not been notified, within thirty days from the publication of the decision or, in the absence of publication, within thirty days from the date of its decision. The application is filed in the Registry as many copies as parties to the case.
§ 3. Within three working days after the filing of the request, the request shall be notified by judicial fold by the court of appeal to all parties called to the case by the applicant. In addition, within the same period, the Court of Appeal Registry requests the Board's steering committee to send the administrative file on the act under attack. The transmission is made within five working days of receipt of the request. The administrative file may be consulted by the parties at the Court of Appeal Registry from the time of filing and until the hearings are closed.
§ 4. At any time, the Brussels Court of Appeal may call on the case any other person whose situation may be affected by the appeal decision, to intervene in the proceeding.
§ 5. Part IV, Book II, Part III, Chapter VIII of the Judicial Code is applicable to proceedings before the Brussels Court of Appeal.
§ 6. The Brussels Court of Appeal sets out the deadlines in which the parties communicate their written submissions and file a copy of them at the Registry. The court also sets the date of the proceedings.
The Court of Appeal of Brussels shall rule within sixty days of the filing of the application, referred to in § 2.
Art. 15/22. § 1^er. The appeal to the Conseil de la Concurrence is subject to the rules of instruction and procedure relating to restrictive competition practices, established by the Law of 5 August 1991 on the Protection of Economic Competition, coordinated on 1^er July 1999.
§ 2. The appeal shall be lodged with the Conseil de la concurrence within thirty days of the notification of the decision or, for those interested in whom the decision has not been notified, within thirty days of the publication of the decision or, if it is not published, within thirty days of the decision being made aware of it.
The Council of the Competition shall rule within four months, referred to in articles 16 et seq. of the Law of 5 August 1991 on the Protection of Economic Competition. »
Art. 71. In the same law, as amended by the law of 1^er June 2005 and by the Act of 27 July 2005 organizing appeals against decisions taken by the Electricity and Gas Commission, chapters IVocties and IVnonies are inserted, as follows:
« CHAPTER IVocties. - Power of suspension of the Council of Ministers
Art. 15/23. § 1^er. The Council of Ministers may, on the proposal of the Minister, by a deliberately motivated order within it, suspend the execution of the decisions made pursuant to Article 15/5, § 2, and its enforcement orders, by which the Commission violates the law or injures the general interest, or the decisions that the Council of Ministers considers contrary to the guidelines of the country's energy policy, including the objectives of the Government relating to the country.
The Commission shall notify the Council of Ministers of the decisions referred to in the preceding paragraph immediately after their adoption.
The suspension order must intervene within thirty days of the receipt of the Commission's decision by the Council of Ministers. It is immediately notified to the Commission and to the concerned.
The Commission shall amend the decision suspended within fifteen days of its suspension in accordance with the reasoned order set out in paragraph 1^er.
§ 2. The introduction of an appeal against the decision of the Council of Ministers is admissible if an appeal is filed at the same time against the amended decision of the Commission.
§ 3. By order deliberately in the Council of Ministers, the King sets out the procedures described in § 1^er.
CHAPTER IVnovies. - Advertising of Commission decisions
Art. 15/24. - The final versions of the decisions of the Board of Directors or the General Council of the Commission shall be public and shall be published on the Commission ' s website, www.creg.be, unless the Commission ' s bodies have decided otherwise. »
Art. 72. The King shall determine the effective date of each of the provisions of this section.
PART IX. - Telecommunications
CHAPTER I^er. - Amendment of the Act of 17 January 2003 on the Status of the Regulator of the Belgian Post and Telecommunications Sectors
Art. 73. Section 14 of the Act of 17 January 2003 on the status of the regulator of the Belgian postal and telecommunications sectors, as amended by the Act of 13 June 2005, is replaced as follows:
“Art. 14. § 1^er. Without prejudice to its legal competence, the Institute's missions with regard to electronic communications networks and electronic communications services, terminal equipment, and with respect to postal services and public postal networks as defined in section 131 of the Act of 21 March 1991 on the reform of certain economic public enterprises are as follows:
1 the formulation of a notice of initiative, in cases provided for by the laws and decrees or at the request of the Minister;
2° administrative decision-making;
3° the monitoring of compliance with the Act of 13 June 2005 on electronic communications and title I, chapter X and title III and IV of the Act of 21 March 1991 on the reform of certain economic public enterprises and their enforcement orders;
4° in the event of a dispute between providers of telecommunications networks, services or equipment or in the event of a dispute between postal operators, the formulation of proposals to reconcile the parties within one month. The King shall, on the advice of the Institute, establish the terms of this procedure;
5° lay down all the useful acts which aim to prepare the application of the European directives which came into force in the field of posts and telecommunications.
§ 2. As part of its skills, the Institute:
1° may organize in a non-discriminatory manner any form of public investigations and consultations;
2° may require, by reason of request, any data subject. The Institute sets the deadline for reporting the requested information;
3° cooperates with and communicates information to:
(a) the European Commission;
(b) the foreign regulatory authorities for postal and telecommunications services;
(c) the regulatory authorities of other economic sectors;
(d) Federal public services in charge of consumer protection;
(e) the Belgian competition authorities.
After consultation with these authorities and the Institute and on a joint proposal by the Minister of Economy and the Minister, the King may determine the modalities of cooperation, consultation and exchange of information between these bodies and the Institute;
(f) the regulatory authorities of the Communities and Regions, in accordance with the terms agreed in the cooperation agreements with those levels of power;
4° brings its collaboration to the activities of the Joint Telecommunications Commission, created by the Royal Decree of 10 December 1957, amended by the Royal Decree of 24 September 1993;
5° the Institute can only make decisions on electronic communications networks for which the Communities are also competent, after the entry into force of a cooperation agreement with the Communities on the exercise of competence in electronic communications networks.
§ 3. As part of the cooperation with the authorities listed in item 3 of the preceding paragraph, the members of the Board and the staff of the Institute may communicate to these authorities confidential information that they are aware of in the exercise of their functions. »
Art. 74. Section 73 comes into force on December 31, 2005.
CHAPTER II. - Amendment of the Act of 30 March 1995 concerning broadcasting distribution networks and the exercise of broadcasting activities in the bilingual region of Brussels-Capital
Art. 75. Section 26 of the Act of 30 March 1995 concerning broadcasting distribution networks and the exercise of broadcasting activities in the bilingual region of Brussels-Capital is repealed.
CHAPTER III. - Amendment of the Electronic Communications Act of 13 June 2005
Art. 76. In Article 107 of the Act of 13 June 2005 on electronic communications, it is inserted in § 2, between paragraphs 1^er and 2, two new paragraphs, as follows:
"The management stations for the reception centres, the anti-poison centre, suicide prevention, the European Centre for Missing and Sexually Exploited Children and Child Listening Services get free of charge from the operators concerned the identification of the calling line available on the operator network, in order to be able to handle emergency calls and to fight repeated malicious calls, even if the user has undertaken steps to prevent the sending of the identification. The format for identifying the call line provided must be consistent with applicable ETSI standards, as defined by the Institute in consultation with emergency services.
The identification of the caller line may be used by the organizations referred to in this paragraph, using administrative and technical measures approved by the Minister on the proposal of the Institute and the Privacy Commission, in order to combat malicious calls. However, these measures may not result in an unavailability of the organization's emergency number from a specific connection for an uninterrupted period exceeding 24 hours. »
CHAPTER IV. - ASTRID
Art. 77. Article 3 of the Law of 8 June 1998 on Radiocommunication of Relief and Security Services is supplemented by § 4, which reads as follows:
“§4. ASTRID is required to provide a semaphony service to the services, institutions, societies and associations referred to in § 1^er who make the request in accordance with the terms fixed by the King, and where other operators do not provide this service. »
Art. 78. Section 12 of the Act, as amended by section 160 of the Electronic Communications Act of 13 June 2005, is replaced as follows:
“Art. 12. § 1^er. Because of its social objective, as determined in Article 3, the ASTRID electronic communication network is considered a sui generis network and not a public network or a non-public network. The services offered by this network also have a sui generis character.
§ 2. Without prejudice to § 1^erthe following provisions of the Electronic Communications Act of 13 June 2005 are not applicable to ASTRID:
Articles 25 to 28;
Articles 68 to 104;
Articles 108 to 112;
Articles 119 and 120;
5° Article 121;
Articles 122 to 133; and
7° Articles 134 to 136.
§ 3. The provisions of Chapter IX of Part III of the Act of 21 March 1991 on the reform of certain economic public enterprises are applicable to the work necessary for the establishment, maintenance or adaptation of the electronic communications network of ASTRID.
§ 4. Without prejudice to § 1^er, the Institute issues licences for ASTRID transmitters and/or radiocommunication receivers and for ASTRID network stations in accordance with section 39 of the Electronic Communications Act of 13 June 2005. »
Art. 79. Article 115, paragraph 1^er the Electronic Communications Act of 13 June 2005 is supplemented as follows:
"4° ASTRID, the company created by the law of 8 June 1998 on radiocommunications of rescue and security services. »
TITRE X. - Development cooperation
Art. 80. Article 3, § 1^er, paragraph 5, of the Act of 3 November 2001 on the establishment of the Belgian Investment Corporation for the Developing Countries and amending the Act of 21 December 1998 establishing the "Belgian Technical Cooperation" in the form of a public law society, is supplemented as follows:
" - grant subsidies for feasibility studies. »
PART XI. - Environment
CHAPTER I^er. - POPS
Art. 81. Article 17, § 1^er, first paragraph, of the Act of 21 December 1998 on standards of products for the promotion of sustainable production and consumption patterns and the protection of the environment and health, as amended by the Acts of 28 March 2003 and 27 December 2004, is supplemented as follows:
"8° that contravenes Article 3, Items 1 and 2, Regulation (EC) No 850/2004 of the European Parliament and Council of 29 April 2004 concerning persistent organic pollutants and amending Directive 79/117/EEC (OJ 2004, L158, as corrected at OJ No. L 229 of 29/06/2004, pp. 5-22). »
Art. 82. The Schedule to the Act, as amended by the Acts of 28 March 2003 and 27 December 2004, is supplemented as follows:
« Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 concerning persistent organic pollutants and amending Directive 79/117/EEC, OJ 2004, L158, as corrected at OJ No. L 229 of 29/06/2004, pp. 5-22. »
CHAPTER II. - Greenhouse Gas Fund
Art. 83. At sub-rub 25-1, "Fund for the Financing of the Federal Greenhouse Gas Emission Reduction Policy", the table annexed to the Organic Law of 27 December 1990 creating budgetary funds, inserted by the Act of 24 December 2002 and replaced by the Act of 27 December 2004, are amended as follows:
1° under the reference "Nature of affected revenues", the text is supplemented by the following paragraph:
"Revenues from another Member State of the European Community with which the Federal State has entered into a convention for the establishment or support for the establishment of the standardized and secure register system of that Member State in accordance with Commission Regulation (EC) No. 2216/2004. »;
2° under the reference " Nature of authorized expenses", the following paragraph is inserted between paragraphs 1^er and 2:
"The expenditures made in the framework of a convention between the Federal State and a Member State of the European Community relating to purchases and markets for the technical, legal or administrative support necessary for the establishment by the Federal State, or for the support of the Federal State to the establishment of the standardized and secure registry system of that Member State, in accordance with Commission Regulation (EC) No. 2216/2004. »
PART XII. - Social integration
CHAPTER I^er. - Fund social mazout
Art. 84. In section 204, paragraph 3, of the Program Act of 27 December 2004, the words "31 March" are replaced by the words "30 April"
Art. 85. In section 205 of the Act, the following amendments are made:
1° § 1^er, 1°, is completed by the following text:
"the annual amount of the gross taxable income of the household of such persons may not, however, exceed 11,763.02 euros, plus 2,177,65 euros per dependant; »;
2° in § 1^er, 2°, the word "taxable" is inserted between the words "gross" and "of their household";
3° § 1^er is completed as follows:
"3° persons who benefit from debt mediation in accordance with the Act of 12 June 1991 on consumer credit or a collective payment of debts under articles 1675/2 et seq. of the Judiciary Code, and who are also unable to face payments of their heating bill. »
4° in § 2, paragraph 1^erthe word "taxable" is inserted between the words "gross" and "targeted";
5° in § 2, paragraph 3, the word "taxable" is inserted between the words "gross" and "targeted"
Art. 86. Section 209 of the Act is supplemented by the following paragraph:
"The request must be filed no later than 60 days from the date of delivery. »
Art. 87. Section 213 of the Act is replaced by the following provision:
“Art. 213. § 1^er. As soon as the price of one of the eligible fuels reaches the intervention threshold referred to in section 207, public social action centres receive a first advance to finance the heating allowances.
The total amount of this first advance is €4 million per heating period.
The amount of this first advance is apportioned proportionally to the share of the allowances granted in 2000 by the public centre of social action as a single intervention in the costs of heating gasoil compared to the total amount of the allowances that were accepted by the State under Article 9 of the Royal Decree of 20 September 2000 granting a single intervention allowance in the costs of heating gasoil.
When an advance is exhausted, the public social action centre may request a new advance of the same amount as that already received from the Mazout Social Fund.
§ 2. By 31 July, the accounts issued are forwarded to the Federal Public Service for Social Integration and Economics, Combating Poverty. The King determines the data to be included.
On that same date, the centre returned to the Social Fund Mazout the amount of the advance not used in the manner determined by the King, by decree deliberately in the Council of Ministers.
§ 3. As soon as the Federal Public Service for Programming has the accounting situation of public social action centres, it transmits them to the Mazout Social Fund. »
Art. 88. In Article 214, § 2, paragraph 1^er, in the same law, the words "10% of the amounts that were accepted by the Mazout Social Fund after verification of the cost statements, introduced by the public social action centres" are replaced by the words "10 euros per heating period and by a recipient's file entitled to a heating allowance. »
Art. 89. Sections 215 to 217 of the Act are repealed.
Art. 90. This chapter comes into force on 31 August 2005.
CHAPTER II. - Maintenance advances
Art. 91. For records prior to 1^er June 2005, CPAS operates between 1^er June and 1^er August 2005, the transfer of data relating to recipients of advances on support to the Food Claims Service within the FPS Finance to maintain their rights.
With respect to files opened between 1^er June and 1^er October 2005, data referred to in paragraph 1^er are transferred without delay by the CPAS to the Food Claims Service within the SPF Finance.
Art. 92. The records for which CPAS grant advances on maintenance under sections 68bis et seq. of the Act of July 8, 1976, organic of the public social action centres, are supposed to respond ex officio to the terms and conditions of granting the Act of February 21, 2003 creating a Food Claims Service within the SPF Finance until the review of these files by the Service referred to above.
PART XIII. - Employment
CHAPTER I^er. - Foraine business
Art. 93. Article 3, § 1^erof the Labour Act of 16 March 1971, as amended by the Act of 4 December 1998, the 4th is repealed.
Art. 94. Section 93 comes into force on 1^er October 2005.
CHAPTER II.-Amendment to the Act of 5 December 1968 on collective labour agreements and joint commissions
Art. 95. Article 2, § 3, 1, paragraph 1^erthe Act of 5 December 1968 on collective agreements and joint commissions, as amended by the Act of 17 June 1991, by the Royal Decrees of 16 June 1994 and 7 April 1995, and by the Programme Laws of 19 July 2001 and 24 December 2002, is replaced by:
"to persons occupied by the State, the Communities, the Regions, the Community Commissions, the provinces, the municipalities, the public institutions that depend on it and the public interest bodies except the SA Federal Society of Participation, the Banking and Financial Commission and the Insurance, the Fund of Participation, the National Office of the Ducroire, the National Bank of Belgium, the S.A. »
CHAPTER III. - Amendment of the Act of 3 July 1978 on labour contracts
Art. 96. Section 11bis, paragraphs 7 and 8, of the Act of 3 July 1978 on labour contracts, inserted by the Act of 22 December 1989, is replaced by the following paragraph:
"The same exemption may be provided by collective labour agreement, concluded in accordance with the Act of 5 December 1968 on collective agreements and joint commissions.
If the collective labour agreement has been concluded outside the relevant joint body, this collective labour agreement must be approved by that unitary body. »
CHAPTER IV. - Amendment of the Act of May 3, 2003 regulating the contract of maritime engagement for marine fisheries and improving the social status of the fisherman
Art. 97. Section 57 of the Act of May 3, 2003 regulating the contract of maritime undertaking for marine fishing and improving the social status of the fisherman, is supplemented by the following paragraph:
"The provisions of this section are not applicable to the occupation of mosses covered by the Act of 23 September 1931 on the recruitment of marine fishing personnel. »
PART XIV. - Social Affairs and Public Health
CHAPTER I^er. - Transposition in Belgian law of EU Directives 2004/43 of 17 January 2004 of the European Union Commission on State aids to maritime transport for the dredging sector
Art. 98. Section 37ter of the Act of 29 June 1981 establishing the general principles of social security of employed workers, inserted by the Act of 24 December 1999, is replaced by the following provision:
"Art. 37ter. § 1^er. By deliberately decreed in the Council of Ministers, and under the conditions and conditions it determines, the King may exempt employers from the dredging sector from the obligation to pay the employers' contributions provided for in Article 38, §§ 3, 1° to 7° and 9°, and 3bis, of this Law. It may also authorize such employers to pay, to the institution responsible for the collection and collection of contributions, the contributions of workers calculated on the capped salary to the amount referred to in Article 7, paragraph 3, of Royal Decree No. 50 of 24 October 1967 relating to the pension and survival of employed workers, while retaining the amount corresponding to the personal contributions calculated on the difference between the aforementioned capped remuneration and the above-mentioned gross remuneration.
§ 2. (a) For the maritime transport portion of dredging activities (sea transport of dredging products), employers in the dredging sector cannot apply the measures referred to in § 1^er to the remuneration of the community sailors they occupy on board of the auto-motor dredgings registered in a Member State of the European Economic Area, which are equipped for the transport of a cargo at sea, for which a sea letter is produced and of which at least 50% of the operational activities constitute marine transport at sea.
(b) By community sailors, it is necessary to hear all marines subject to tax and/or social security contributions in a Member State. »
Art. 99. This chapter produces its effects on 1^er July 2005.
CHAPTER II. - Dimona
Art. 100. In the Royal Decree of 5 November 2002 establishing an immediate declaration of employment, pursuant to section 38 of the Act of 26 July 1996 on social security modernization and ensuring the viability of legal pension schemes, an article 9ter is inserted, as follows:
"Art. 9ter. - Data on working time referred to in articles 5bis, paragraph 1^er, second shot, and 6, paragraph 1^er, 6°, second dash, may be amended by the employer until the end of the calendar day to which they relate when the worker finishes his benefits earlier than expected.
The King determines, by order deliberately in the Council of Ministers, the time limit in which the employer must amend its statement when the worker extends his or her benefits to the time of completion announced at the beginning of the day. »
Art. 101. In the same Royal Decree, an article 9quater is inserted, as follows:
"Art. 9quater. - The King shall determine, by order deliberately in the Council of Ministers, the time limit in which a DIMONA may be cancelled. »
Art. 102. This chapter produces its effects on 1^er July 2005.
CHAPTER III. - Family allowances
Art. 103. Article 62, § 3, paragraph 1^erthe following paragraphs shall be replaced by the following:
“Without prejudice to the provisions of § 1^er, the family allowances are granted up to the age of 25, under the conditions determined by the King, in favour of the child who follows an education or performs an internship to be appointed to a charge.
Without prejudice to the provisions of § 1^er, the King may, under the conditions fixed by He, determine that the family allowances are granted up to the age of 25 in favour of the child who is engaged in a training for which credits are granted in the "bachelor-master" system and for which no course must be followed. It determines the trainings to be taken into account. »
Art. 104. Article 102, § 1^erParagraph 1^er, of the same laws, restored by the Royal Decree of 10 December 1996, is replaced by the following paragraph:
"The King may, on the proposal of the Management Committee of the National Office of Family Allowances for Employees, derogate, in particular, from the condition of occupation in Belgium referred to in Article 1^er in categories of cases worthy of interest that He determines and directs this National Office to grant family benefits in favour of these categories. »
Art. 105. By derogation from Article 22bis of the same laws, the general assembly of the association may decide in the course of 2005 of the amendment of the statutes under the existing statutory rules to 1^er January 2005 on multiple voting rights and mandates. This exemption is limited to the amendment of the statutes relating to their adaptation to the same laws as amended by the Program Law of 27 December 2004 and to the Law of 27 June 1921 on non-profit associations, international non-profit associations and foundations.
Art. 106. This chapter comes into force on the day of the publication of this Act to the Belgian Monitor, with the exception of Article 103 which comes into force on 1^er September 2005 and section 105 that produces its effects on 1^er January 2005.
CHAPTER IV. - Amendments to the Act of 7 May 2004 on experiments on the human person
Art. 107. Article 30 of the Act of 7 May 2004 on experiments on the human person is supplemented by § 6, which reads as follows:
“§ 6. The King may establish, in charge of the promoter of an experiment and for the benefit of the competent authority, other royalties than those provided for in § 2, for the execution of missions of the Federal Public Service provided for in this Act, of which He determines the amount and the terms and conditions. »
Art. 108. Article 34, § 1^er, of the same law, is reported.
CHAPTER V. - Animals, plants and food
Section I^re. - Confirmation of the Royal Decree of 5 December 2004 setting the temporary crisis contributions due by potato producers for compensation for losses incurred as a result of measures taken against pests
Art. 109. The Royal Decree of 5 December 2004 setting out temporary crisis contributions due by potato producers for compensation for losses incurred as a result of measures taken against pests, is confirmed with effect on 24 December 2004, the date of its entry into force.
Section 2. - Amendment of the Act of 4 February 2000 on the Establishment of the Federal Agency for Food Chain Security
Art. 110. Article 4, § 5, of the Act of 4 February 2000 on the establishment of the Federal Agency for the Safety of the Food Chain, is supplemented by the following paragraph:
"If certain tasks determined under paragraph 1^er are reserved for veterinarians, these specific tasks are carried out under the independent status, both with respect to the applicable social security regime and with regard to labour law. »
PART XV. - Finance
Art. 111. Agreements between the competent authority for the establishment of tax on income and the taxpayer with respect to the employer's own expenses or the qualification of income and the decisions of that authority made in respect of the qualifying of income shall be made only in respect of income tax.
PART XVI. - Average grades
Art. 112. An article 16bis, drafted as follows, is inserted in Royal Decree No. 38 of 27 July 1967 organizing the social status of independent workers:
"Art. 16bis. § 1^er. Any debt of the receiving agency of the contributions that have been the subject of an enforceable title or that has been taken into custody or that has been the subject of an order authorizing the provisional seizure is guaranteed by a legal hypothec on all property belonging to the debtor located in Belgium and that are liable to it.
§ 2. The legal mortgage does not prejudice prior privileges and mortgages; She only gets ranked from her registration.
§ 3. The legal hypothec is entered at the request of the issuing agency.
Article 19 of the Bankruptcy Act of 8 August 1997 is not applicable to the legal hypothec concerning claims referred to in § 1^er and are preceded by the declarative judgment of bankruptcy.
§ 4. Registration shall take place upon presentation of the title giving entitlement in accordance with the provisions of Article 1^er and in compliance with section 89 of the Mortgage Act of 16 December 1851.
§ 5. The receiving agency of the contributions gives rise in the administrative form, without being required, vis-à-vis the mortgage curator, to provide the justification for the payment of the amounts due.
§ 6. If before paying the sums guaranteed by the legal mortgage, the debtors wish to free all or part of the encumbered assets, they apply to the receiving agency of the contributions. This application will be admitted if the organization has already or is given sufficient security for the amount of what is due to it.
§ 7. The debtor's charge is for the payment of mortgage fees related to the legal mortgage. »
Art. 113. An article 16ter, as follows, is inserted in the same order:
"Art. 16ter. § 1^er. The transfer, in property or in usufruct, of a set of goods, consisting of, inter alia, elements that allow the customer to be retained, assigned to the exercise of a liberal profession, office or office, or of an industrial, commercial or agricultural operation, as well as the establishment of a usufruct on the same property, is not applicable to the receiving agency of the contributions that follows the expiry of the month that
§ 2. The assignee shall be jointly and severally liable for the payment of any receivable referred to in Article 16bis due by the assignor at the expiry of the period referred to in § 1^erup to the amount already paid or provided by it or an amount corresponding to the nominal value of the shares that were awarded in exchange for the transfer before the expiry of the aforementioned period.
§ 3. §§ 1^er and 2 of this Article shall not apply if the assignor attached to the act of assignment a certificate made exclusively for that purpose by the organizations receiving contributions within thirty days preceding the notification of the agreement.
The issuance of this certificate is subject to a request made in duplicate by the transferor to the issuing agency.
The certificate is refused by the receiving agency of the contributions if, on the day of the application, the assignor has a liquid and certain debt to the organization or if the application is filed after the announcement of or during a control by a social controller.
The certificate is either issued or refused within 30 days of the date of the filing of the application by the assignor.
§ 4. The assignments made by a curator, a suspended commissioner or in the course of a merger, splitting, the contribution of a universality of property or a branch of activity carried out in accordance with the provisions of the Code of Societies shall not be subject to the provisions of this section.
§ 5. The application and certificate referred to in this article shall be prepared in accordance with the models agreed by the Minister of Average Class. »
Art. 114. In article 20 of the same order, it is inserted a paragraph 7, which reads as follows:
Ҥ 7. Without prejudice to their right to quote before the judge, the credit unions referred to in this section may, as receiving bodies 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. 115. An article 23ter, as follows, is inserted in the same order:
"Art. 23ter. § 1^er. The notaries required to conduct an act intended for the alienation or mortgage assignment of a building, ship or vessel are personally responsible for the payment of claims under section 16bis that may result in a mortgage registration, if they do not notify the receiving agency of the contributions under the conditions set out below.
The notice must be communicated to the receiving agency of the contributions by means of a procedure using computer and telematic techniques or, if not, by registered mail letter.
In cases where the notice is communicated through a procedure using the IT and telematics techniques, the date of delivery of the notice is that of the acknowledgement of receipt communicated by the receiving agency of the contributions.
If the intended act has not passed within three months from the date of the shipment of the notice, the notice will be considered non-avenue.
§ 2. If the interest of the issuing agency requires it, it shall notify the notary before the expiry of the twelfth working day that follows the date of shipment of the notice referred to in § 1^er and by means of a procedure using the techniques of computing and telematics or, failing that, by registered letter, the amount of claims that may result in the registration of the legal mortgage on the property under the act.
§ 3. When the act referred to in § 1^er has passed, the notice referred to in § 2 shall be seized and arrested in the hands of the notary on the amounts and values that he holds under the act on behalf of or for the benefit of the debtor of the receiving agency of the contributions.
In addition, if the sums and values so seized-and-arrested are less than all amounts due to registered creditors and opposing creditors, the notary must, under penalty of being personally responsible for the surplus, inform the receiving agency of the contributions by means of a procedure using the techniques of computing and telematics or, in default, by registered letter, not later than the first working day.
Without prejudice to the rights of third parties, the transcript or registration of the act is not enforceable to the receiving body of the contributions, if the registration of the legal mortgage takes place within eight working days after the sending of the information provided for in the preceding paragraph.
Inoperative with respect to the claims of the receiving agency of the notified contributions pursuant to § 2, all unregistered claims for which seizure or opposition is practised only after the expiry of the period provided for in § 3, paragraph 2.
§ 4. The registrations made after the period provided for in § 3, paragraph 3 or for the security of receivables that have not been notified, in accordance with § 2, are not subject to the mortgage creditor or to the purchaser who may require the release of the creditor.
§ 5. The liability of the notary under § 1^er and § 3, shall not exceed, as the case may be, the value of the alienated property or the amount of the mortgage registration, deducting the sums and values seized-arrested in its hands.
§ 6. §§ 1^er 5 shall apply to any person authorized to give authenticity to the acts referred to in § 1^er.
§ 7. No act passed abroad and intended for the alienation or mortgage assignment of a building, ship or ship shall be admitted to Belgium, to the transcript or to the registration in the registers of a mortgage preserver, if accompanied by a certificate from the issuing agency.
This certificate must certify that the owner or usufruitier is not obligated to the issuing agency and that the legal mortgage guaranteeing the amounts due has been entered.
§ 8. Public officials or departmental officials responsible for publicly selling furniture, whose value reaches at least 250 euros, are personally responsible for the payment of the 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, by means of a procedure using computer and telematic techniques or, in advance, by registered mail, at least eight working days.
When the sale took place, the notification of the amount of the sums due by the receiving agency of the contributions, by means of a procedure using the computing and telematics techniques, or, if not, by registered mail, no later than the day before the sale day, shall take place in the hands of public officials or departmental officers mentioned in the preceding paragraph.
§ 9. By means of the debtor's agreement, banks subject to the Act of 22 March 1993 on the Status and Control of Credit Institutions, companies subject to Royal Decree No. 225 of 7 January 1936 regulating mortgages and arranging the control of mortgage companies, as well as mortgage companies subject to the Law of 4 August 1992 on Mortgage Credit, are authorized to send the notice provided in § 1^er and qualified to receive the notification referred to in § 2.
The delivery of an attestation by these organizations to the notary in respect of the delivery of the notice and the follow-up given by the recipients, substitutes the responsibility of these organizations for that of the notary.
§ 10. Where public or private credit institutions or organizations grant credits, loans or advances for which a benefit is granted under the legal and regulatory provisions for economic expansion or for which such an advantage is sought from the competent authority, they may not be deferred from the totality or part of the funds except on the condition that the recipient or applicant has previously produced a certificate issued by the competent official, which it is stated:
1° or is not liable for any amount in respect of an organization that collects contributions;
2° or a specified amount is payable in its Chief, in which case the settlement of the amounts due, in the forms and time limits provided for in the attestation, must be the subject of a particular clause in the award of the benefit.
The King rules the application of this article.
§ 11. The King shall determine the procedure for establishing and communicating the notices, information and notifications referred to in § 1^er§ 3, § 7, § 8 and § 9 and designates the competent services to receive and transmit these notifications and notifications. »
Art. 116. This chapter comes into force on 1^er January 2006, with the exception of section 114 which comes into force on 1^er October 2005.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 20 July 2005.
ALBERT
By the King:
The Prime Minister,
G. VERHOFSTATD
The Minister of Justitie,
Ms. L. ONKELINX
Minister of Finance,
D. REYNDERS
Minister of Budget and Public Enterprises,
J. VANDE LANOTTE
The Minister of the Interior,
P. DEWAEL
Minister of Defence,
A. FLAHAUT
Minister of Economy,
Mr. VERWILGHEN
Minister of Social Affairs and Public Health,
R. DEMOTTE
Minister of Average Class,
Mrs. S. LARUELLE
For the Minister of Employment, absent:
Deputy Prime Minister and Minister of Budget and Public Enterprises,
J. VANDE LANOTTE
Minister for Development Cooperation,
A. DECKER
Minister of Public Service,
the Social Integration and the Policy of Large Cities,
Ch. DUPONT
Minister of Mobility,
R. LANDUYT
Minister of the Environment,
B. TOBBACK
Seal of the state seal:
For the Minister of Justice, absent:
Minister of Defence,
A. FLAHAUT
____
Notes
(1) House of Representatives.
Documents:
Doc 51 1845/ (2004/2005):
001: Bill.
002 to 012: Amendments.
013 and 014: Reports.
015 : Opinion of the Council of State.
016 to 021: Reports.
022: Text adopted by the Committees.
023 and 024: Amendments.
025 to 027: Reports.
028: Text adopted by the commission (Article 77 of the Constitution).
029: Text adopted by the Committees (Article 78 of the Constitution).
030 to 032: Amendments.
033: Text adopted in plenary meetings and transmitted to the Senate.
Full report: 13 July 2005.
Senate.
Documents:
3-1302 - 2004/2005:
Number 1: Project referred to by the Senate.
No. 2: Amendments.
n^bones 3-7: Reports.
No. 8: Amendments.
No. 9: Decision not to amend.
Annales du Sénat : 15 juillet 2005.