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Law Approving The Agreement Between The Kingdom Of Belgium And The World Organization Of Health On The Establishment In Belgium Of A Liaison Office Of This Organization, Signed In Brussels On 6 January 1999 (1) (2)

Original Language Title: Loi portant assentiment à l'Accord entre le Royaume de Belgique et l'Organisation mondiale de la Santé sur l'établissement en Belgique d'un bureau de liaison de cette organisation, signé à Bruxelles le 6 janvier 1999 (1) (2)

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24 JANVIER 2002. - An Act to approve the Agreement between the Kingdom of Belgium and the World Health Organization on the establishment in Belgium of a liaison office of that organization, signed in Brussels on 6 January 1999 (1) (2)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Agreement between the Kingdom of Belgium and the World Health Organization on the establishment in Belgium of a liaison office of this organization, signed in Brussels on 6 January 1999, will come out its full and full effect.
Art. 3. This Act produces its effects on 6 January 1999.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 24 January 2002.
ALBERT
By the King:
Minister of Foreign Affairs,
L. MICHEL
The Minister of Employment,
Ms. L. ONKELINX
The Minister of the Interior,
A. DUQUESNE
Minister of Social Affairs and Pensions,
F. VANDENBROUCKE
Minister of Justice,
Mr. VERWILGHEN
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Notes
(1) Session 2000-2001.
Senate.
Documents. Bill, tabled on June 13, 2001. Report No. 2-782/1. Text adopted by the Commission.
Annales parlementaire . Discussion, meeting of 10 July 2001. Voting, meeting of 12 July 2001.
Room
Documents. Project transmitted by the Senate, No. 50-1356/1. Text adopted in plenary and subject to sanction, No. 50-1356/2.
Annales parliamentarians. Discussion, meeting of October 18, 2001. Voting, meeting of 18 October 2001.
(2) In accordance with the provisions of Article 4 of the Agreement, the Agreement entered into force on 15 March 2002.

AGREEMENT AGAINST BELGIUM ROYAUME AND THE WORLD BODY ON BELGIOUS EABLIZATION OF A BELGIUM OF CETTER ORGANIZATION
The Kingdom of Belgium, hereafter referred to as "Belgium",
and
the World Health Organization, referred to as "WHO",
Considering that the World Health Organization has opened a liaison office in Brussels (hereinafter referred to as "the Bureau"),
Considering the importance of providing for specific provisions concerning privileges and immunities which the WHO Brussels office can benefit on Belgian territory,
Desirous of concluding, for this purpose, a supplementary agreement to the Convention on the Privileges and Immunities of the Specialized Agencies, including its annex VII to the World Health Organization (hereinafter referred to as the "Convention"), to which Belgium acceded on 14 March 1962,
The following agreed:
Article 1er
1. The Director of the WHO Liaison Office has the privileges granted to diplomatic staff in diplomatic missions. The spouse and dependent children of the Director living in his home benefit from the benefits recognized to the spouse and minor dependent children of diplomatic personnel.
2. Without prejudice to article VI, section 19 of the Convention, the provisions of paragraph 1 shall not apply to Belgian nationals.
Article 2
The Belgian Government facilitates the entry and stay in Belgium of persons invited to visit the WHO Office for official purposes, as well as their departure from the country.
Article 3
1. Belgium and WHO declare their common intention to promote a high level of social protection for, respectively, Belgian nationals and permanent residents in Belgium, on the one hand, and on the other, WHO staff.
2. Belgium ensures that its nationals, permanent residents and every worker present in its territory are guaranteed the effective exercise of fundamental rights, as set out in the "Community Charter of Fundamental Social Rights of Workers", made in Strasbourg in 1989, and in the "European Social Charter and its Additional Protocol, made in Turin in 1961".
3. WHO ensures that each member of its staff has the effective exercise of fundamental social rights.
4. On the basis of a joint review of their respective social protection and security systems, the signatory Parties agree that the social security regime applicable to WHO staff members guarantees them the benefit of a social protection floor equivalent to the Belgian social security system.
5. In view of the outcome of the examination referred to in the previous item, WHO staff, other than Belgian nationals and permanent residents in Belgium, and who in Belgium do not have a profit-oriented occupation other than that required by their functions, shall be covered by the social security regime applicable to staff of that organization, as follows:
(a) the social security regime applicable to WHO staff recognizes the principles of Belgian legislation relating to the protection of personal privacy and medical ethics (free choice of patient, therapeutic freedom of the care provider, medical secrecy);
(b) Belgium and WHO recognize the uniqueness of their social security system and system.
6. By derogation from the provisions referred to in point 5, and in accordance with the terms set out in the declaration annexed to this Agreement, Belgium and WHO agree that Belgian nationals and permanent residents in Belgium, staff members of the Belgian WHO Office are covered by the social security regime applicable to WHO staff, as provided in point 5.
Article 4
Each Party shall notify the other party of the procedures required by its legislation for the implementation of this Agreement.
In faith, the respective Plenipotentiaries have signed this Agreement.
Done in Brussels on 6 January 1999, in double copy in French.

COMMON DECLARATION ANNEX TO ARTICLE 3 OF THE ACCORD AGAINST THE BELGIUM ROYAL AND WORLD ORGANIZATION OF THE HEALTH ON BELGIUM BELGIOUS BELGIUM OF LIAISON ORGANIZATION
For the purposes of Article 3 of the agreement between the Kingdom of Belgium and the World Health Organization on the establishment in Belgium of a Bureau of that organization and this joint declaration, the signatory Parties agreed to the following:
Article 1er
Definition
We hear:
"Permanent resident in Belgium": Any person registered for more than 6 months in the Belgian National Register of Physical Persons.
"Equivalent social protection floor": the social protection system that does not reach the height and extent of the coverage of the Belgian social security system for unemployment benefits or for disability benefits.
Article 2
The derogation referred to in Article 3, item 6, of the agreement between the Kingdom of Belgium and the World Health Organization on the establishment in Belgium of a liaison office of that organization remains valid as long as the results of the examination referred to in Article 3, item 4 of the said draft agreement guarantees to WHO staff members the benefit of a social protection floor equivalent to the Belgian social security system.
Article 3
As part of the implementation of Article 3 of the agreement between the Kingdom of Belgium and the World Health Organization on the establishment in Belgium of a liaison office of that organization and Article 2 of this joint declaration, the signatory Parties undertake to cooperate closely by exchange of information on the occasion of significant changes made to their respective social security systems, which may diminish the level and extent of their insured protections.
Every 5 years, as of the signing of the above-mentioned agreement, the signatory Parties shall prepare a joint report on the evaluation of their cooperation in this area. This report determines whether the condition under section 2 remains valid.