9 JULY 2004. - 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 77 of the Constitution.
PART II. - Miscellaneous provisions
CHAPTER I^er. - BIAC
Economic Regulation Authority for Airport Facilities
Art. 2. Against the decisions of the economic regulation authority, referred to in Article 1, 6°, of the Royal Decree of 27 May 2004 concerning the transformation of BIAC into an anonymous society of private law and airport facilities, taken under the same order, an appeal in full jurisdiction may be brought before the Court of Appeal of Brussels by those who carry out activities referred to in Article 1^er of the Royal Decree of 21 June 2004 granting the operating license of the Brussels-National airport to the anonymous company BIAC. The appeal must be filed within 30 days of notification of the decision. The appeal is not suspensive, except when it is brought against a decision of the economic regulatory authority that imposes an administrative fine on the holder of the operating licence, pursuant to section 49 of the above-mentioned Royal Decree or when the court pronounces the suspension of the appealed decision. The Judiciary Code is applicable with respect to the proceedings, the Court of Appeal deciding as a reference.
Art. 3. Article 2 comes into force on the day of the entry into force of Article 49 of the Royal Decree of 27 May 2004 concerning the transformation of BIAC into an anonymous private corporation and to airport facilities.
CHAPTER II. - Assent to the Agreement of Cooperation of 16 December 2003 between the Federal Government, the Flemish Government, the Walloon Government and the Government of the Brussels-Capital Region on the final settlement of the debts of the past and the related charges in respect of social housing, and tax provisions for the implementation of this Agreement
Art. 4. Assent is given to the Agreement on Cooperation of 16 December 2003 between the Federal Government, the Flemish Government, the Walloon Government and the Government of the Brussels-Capital Region on the final settlement of the debts of the past and the related charges in respect of social housing, attached to this Act.
Art. 5. In the head of regional housing companies to which the cooperation agreement of 16 December 2003 referred to in section 4 applies, the total amount of the potential benefit realized or accrued during the tax period in respect of the taxation years 2004 and 2005, on the occasion of the repayment of the financial debts managed or contracted by the Social Housing Borrowing Fund, is, after deducting any losses and expenses related to that
The amount exempted under paragraph 1^er is reduced by the reserved result of the relevant tax period.
When the overall result of the transaction or reimbursement transactions referred to in paragraph 1^er is negative, this loss is not deductible for professional fees.
CHAPTER III. - Amendment of Article 259 ter of the Judicial Code
Art. 6. Article 259ter, § 4, paragraph 7, of the Judicial Code, inserted by the law of 3 May 2003, is replaced as follows:
"The interview with the candidate is the subject of a sound recording. This record is retained by the Supreme Council of Justice with the submission file.
The interview thus recorded is transcribed when the candidate lodges an appeal to the Council of State against the appointment to the position for which he has been a candidate. The same applies to the maintenance of the nominee appointed to the said position. To this end, the Minister of Justice shall transmit a copy of the appeal to the President of the appointing committee concerned. The typographical transcription certified by the President and by a member of the appointing committee shall be transmitted to the State Council by the Minister of Justice. »
Art. 7. This chapter comes into force on the day of the publication of this Act to the Belgian Monitor.
CHAPTER IV. - Amendments to the Act of 29 November 2001 setting a temporary framework for counsellors to resorb the backlog in appeal courses
Art. 8. In section 2 of the Act of 29 November 2001, setting a temporary framework for counsellors to resolve the backlog in appeals courses, the words "three years" are replaced by the words "six years".
Art. 9. In article 3, paragraph 1^er, from the same law the words "three years" are replaced by the words "six years".
CHAPTER V. - Amendment to Royal Decree No. 78 of 10 November 1967 concerning the exercise of health professions
Art. 10. In Article 4, § 3, of Royal Decree No. 78 of 10 November 1967 concerning the exercise of health professions, the following amendments are made:
1° to 2°, the words "Notice that is likely to appeal to an appeal board whose notice must also be substantiated" are deleted;
2° 4°, paragraph 2, is repealed;
3° to 4°, paragraph 3, the words "The Appeals Commission is composed of three magistrates, either belonging to a Court of Appeal or a Labour Court, or honorary magistrates, alternate judges or former magistrates of the same courts. are deleted;
4° to 4°, paragraph 5, the words "the commissions" are replaced by the words "this commission";
5° to 5°, the words "or if any, of the appeal board" are deleted.
Art. 11. Applications filed before this Act comes into force with the Appeals Board will be processed. After that date, no application can be filed.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 9 July 2004.
ALBERT
By the King:
The Prime Minister,
G. VERHOFSTADT
The Minister of Justice,
Ms. L. ONKELINX
Minister of Budget and Public Enterprises,
J. VANDE LANOTTE
Minister of Finance,
D. REYNDERS
Minister of Public Health,
R. DEMOTTE
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Note
(1) House of Representatives.
Documents:
Doc 51 1139/ (2003/2004):
001: Bill.
002: Amendments.
003 and 005: Reports.
006: Text adopted by the Committees.
007: Amendments.
008: Text adopted in plenary and transmitted to the Senate
Full report: 9-10 June 2004
Senate.
Documents:
3-743 - 2003/2004:
No. 1: Project transmitted by the House of Representatives.
n^bones 2-4: Reports.
No. 5: Text adopted in plenary and subject to Royal Assent.
Annales du Sénat : 1^er July 2004.

Annex (Art. 4)
Agreement between the Federal Government, the Flemish Government, the Walloon Government and the Government of the Brussels-Capital Region on the final settlement of debts of the past and related charges in respect of social housing
Article 1^er. For the purposes of this Agreement, it shall be understood by:
1° "the Fund": the Social Housing Borrowing Fund, created by the agreement of May 4, 1987;
2° the agreement of the 1^er June 1994: agreement of 1^er June 1994 between the Federal Government, the Flemish Government, the Walloon Government and the Government of the Brussels-Capital Region on the settlement of debts of the past in respect of social housing and related charges.
Art. 2. § 1. The financial debts managed or contracted by the Fund up to the year 2003, estimated at their market value, are reimbursed on 29 December 2003 by the regional housing companies and, where applicable, by the Regions according to the share of each region in these debts, with the exception of the State's share.
Current value of the regional share of debts referred to in paragraph 1^er, is first fixed by the Treasury for each Region on the basis of the arithmetic mean of the "mid" of the swap curve in effect on the last three bank working days before December 28, 2003.
If the amount defined in the second paragraph is greater than the present value of the mathematical annuities referred to in Article 3, paragraph 2, of the agreement of 1^er June 1994, reduced by the annuities provided for in Article 4, paragraph 2 of this Agreement, then the reimbursement by the housing companies in question will be limited to this present value and the balance will be refunded by the Regions, unless an existing agreement that otherwise concludes between the Regions and the regional housing companies concerned. Otherwise, the amount referred to in the second paragraph shall be refunded by the regional housing corporation(s) of that Region. The current value of mathematical annuities is based on the arithmetic mean of the "mid" of the swap curve in effect on the last three bank working days before December 28, 2003. The Treasury immediately discloses the amounts corresponding to the Fund, the Regions and regional housing companies.
§ 2. The State guarantee is granted to the commitments of the regional housing companies arising from § 1^er. This state guarantee is free of charge.
Refinancing borrowings from regional housing companies to renew the borrowings referred to in paragraph 1^er which arrives at maturity, also benefit from this guarantee of the State without charge. Regional housing companies can use the technical expertise of the Fund and/or the Treasury without charge when subscribing their refinancing loans.
The actual amount of the outstanding refinancing loans that can benefit from the State guarantee is limited, for each of the regional housing companies, to the amount in which it is liable by § 1^er, paragraph 3, as appropriate in accordance with article 3, paragraph 1^er.
The provisions of this paragraph also apply to persons of moral law who will be incorporated by regional housing companies in order to resume the commitments and refinancing loans referred to in paragraph 1^er and second.
If the guarantee of the State applies under this paragraph, the State seeks reimbursement to the Region to which the housing society belongs which is the origin of the appeal to the guarantee of the State of the expenses incurred.
§ 3. The Regions undertake to ensure that the mathematical annuities referred to in Article 3, paragraph 2, of the Agreement of 1^er June 1994, reduced by the annuities referred to in Article 4, paragraph 2, of this Agreement, are used to cover expenses related to commitments and refinancing loans incurred by regional housing companies.
§ 4. At the request of the Treasury the Fund shall pay to the State the amounts referred to in § 1^er, paragraph 2, relating to reimbursement. The State, the Fund, the regional housing companies and, where appropriate, the Regions may agree that regional housing companies and, where appropriate, the Regions pay these amounts immediately to the State.
In the case where, in accordance with § 1^er, paragraph 3, a Region shall take its account of the reimbursement provided for in § 1^erParagraph 1^er, the Fund may enter, on the basis of an agreement to be concluded between the Fund and the Region, a debt on the Region up to the amount of that Part. This debt is productive of interest.
Art. 3. The amounts referred to in Article 2, § 1^er, paragraph 2, shall take into account, with respect to the financial borrowings of the Fund in 2003, interim distribution keys. After the Fund has determined the final distribution keys, in accordance with Article 2, § 4, of the agreement of 1^er June 1994, an additional capital, interest and cost acquittal will take place on the first business day of July 2004 between the State, regional housing society and, where applicable, the Regions. To this end, the Fund provides to the State, regional housing societies and, where appropriate, to the Regions the details of the amounts to be paid or receivable, as the case may be, on that date, in accordance with the principles mentioned in Article 2, § 1^erParagraph 3.
The amount that results from the difference between, on the one hand, the amount of cash and investments that the Fund would still have on 31 December 2003 and, on the other hand, the amount of administrative expenses incurred by the Fund whose Regional Housing Corporations are still outstanding on the same date, is paid by the Fund to the Regional Housing Corporations on the basis of the final distribution key referred to in 1^er subparagraph. If this amount is negative, the Regional Housing Corporations make a payment to the Fund. The state's share is not understood to calculate the distribution key. Payment is made on 1^er business day of July 2004. The Fund provides the Regional Housing Corporations with details of amounts still outstanding or receivable as of that date.
Art. 4. Subject to Article 3, the Regions and the Regional Housing Corporations shall be released by the reimbursement provided for in Article 2, § 1^er, their obligations to the State and the Fund arising from the agreement of 1^er June 1994.
However, annuities in favour of the state for the reimbursement of current budgetary advances granted to the former SNL and the former SNT and the annuities in relation to borrowings #1^er 6 of the former SNL remain due by regional housing companies.
The Fund, the State and the Regions shall do the necessary to put an end to the agreements relating to the opening of credit referred to in Article 14, § 3, of the agreement of 1^er June 1994, with the exception of the obligations set out in the second paragraph and, where applicable, those provided for in Article 2, § 4, paragraph 2.
Art. 5. The amounts calculated for each Region in accordance with the agreement of 1^er June 1994, which corresponds to the difference between, on the one hand, the present value of the intervention referred to in Article 13, § 1, 5°, of the agreement of 1^er June 1994 and, on the other hand, the present value of mathematical annuities which, in accordance with Article 3, paragraph 4 of the Agreement of 1^er June 1994, finally returned to the State, was paid by the State to the Regions on 15 January 2004. The current value is determined by the Treasury on the basis of the arithmetic mean of the "mid" of the swap curve in effect on the last three working days before December 28, 2003. The result obtained is capitalized at the EONIA interest rate effective the day before January 15, 2004.
Upon request, the Treasury may, from December 29, 2003, grant the Regions an advance on the amounts due to paragraph 1^er. The amount of this advance for each Region cannot exceed the amount of the current value defined by the Treasury on the basis of the arithmetic mean of the "mid" of the swap curve in effect on the last three working days before December 28, 2003. The Regions that use these advances are committed to ensuring that the Maastricht debt is not influenced.
Subject to Article 3, the State and the Fund shall be cleared by the payments referred to in paragraph 1^er, obligations in respect of the Regions and Regional Housing Corporations resulting from the agreement of 1^er June 1994.
Art. 6. § 1^er. The Fund is abolished on a date determined by the King, by order deliberately in Council of Ministers.
With a view to the abolition of the Fund, the King, by order deliberately in the Council of Ministers, resolves and all the problems it entails such as, inter alia, the transfer of tasks, property, rights and obligations of the Fund to the State. The King may, by order deliberately in the Council of Ministers, transfer to the State, with their agreement, the personnel seconded to the Fund.
If the detachment is terminated, the staff member will resume employment in his original service. If, on the date of termination of the detachment to the Staff Member Fund, the employee occupies a position higher than that of which he was a licensee in his original service, the employee is expected to continue the exercise - in a personal capacity - of that superior function in his original service or in the service where he is eventually transferred.
§ 2. Until the Fund is deleted:
1° the Fund remains responsible for the financial service of the loans it manages. To this end, the Fund receives all necessary resources from the State, including those to cover the administrative expenses of the Fund;
2° subject to what is determined in Article 7, the existing rules arising from the agreement of 1^er June 1994 remain applicable to the Fund, in particular those relating to status, management, accounting, accounts and oversight.
Art. 7. § 1^er. After carrying out the tasks referred to in Article 3, the King shall terminate, on the date fixed by him, the mandates of the directors of the Fund who were appointed by the Governments of the Regions.
From that same date, and until the Fund is abolished, the Board of Directors is composed of six directors, three francophones and three Dutch speakers appointed by the King, on the proposal of the Ministers of Budget and Finance.
The King shall designate, on the proposal of the board of directors, a president among the 6 directors.
The president is appointed for a period of one year.
Decisions shall be taken by a majority vote of the directors present.
In the event of parity of votes, the President's voice is decisive.
§ 2. From the date referred to in § 1^erParagraph 1^er, and until the Fund is abolished, the officer and, if any, his bilingual deputy, shall be appointed by the King on a list of candidates established by the board of directors.
Art. 8. Article 2, § 2, paragraph 2, of this agreement ends 1^er January 2055.
Art. 9. This agreement amends and supplements the agreement of 1^er June 1994, beginning on 29 December 2003.
Brussels, 16 December 2003.
Minister of Finance,
D. REYNDERS
The Minister of Budget,
J. VANDE LANOTTE
Minister of Finance and Budget of the Flemish Government,
D. VAN MECHELEN
Minister of Finance and Budget of the Walloon Regional Government,
Mr. DAERDEN
Minister of Finance and Budget of the Government of the Brussels Capital Region,
G. VANHENGEL