Posted the: 2002-08-02 Numac: 2002015026 Ministry of Foreign Affairs, international trade and international COOPERATION January 24, 2002. -Law approving 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 (1) (2) ALBERT II, King of the Belgians, has all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
2. 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, will release its full and complete effect.
S. 3. this Act has effect on January 6, 1999.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels, January 24, 2002.
ALBERT by the King: the Minister for Foreign Affairs, L. MICHEL Minister of employment, Ms. L. ONKELINX. the Minister of the Interior, A. DUQUESNE the Minister of Social Affairs and Pensions, F. VANDENBROUCKE. the Minister of Justice, Mr. VERWILGHEN Finance Minister, D. REYNDERS sealed with the seal of the State: the Minister of Justice, Mr. VERWILGHEN _ Note (1) Session 2000 - 2001 Senate.
Documents. -Bill, filed on June 13, 2001. -Report, n ° 2-782/1. -Text adopted by the Commission.
Parliamentary Annals. -Discussion, July 10, 2001 meeting. -Vote meeting on 12 July 2001.
Documents. -Draft transmitted by the Senaat, no. 50-1356/1. -Text adopted in plenary and subject to Royal assent, meeting No. 50-1356/2.
Parliamentary Annals. -Discussion, meeting on 18 October 2001. -Vote meeting of October 18, 2001.
AGREEMENT between the Kingdom of Belgium and the world the Health Organization on the establishment in Belgium of a Office of binding of this organization Belgium, hereinafter referred to as "Belgium", and the world the Health Organization, hereinafter referred to as «who», considering that the World Health Organization has opened a liaison office in Brussels (hereinafter referred to as 'the Office'), whereas it is important to provide for special provisions concerning privileges and immunities which the the who Office in Brussels can benefit the territory of Belgium, desiring to conclude, for this purpose, a supplementary agreement to the Convention on the privileges and immunities of the specialized agencies, including its annex VII with respect to the World Health Organization (hereinafter referred to as 'the Convention'), to which the Belgium acceded on 14 March 1962, have agreed as follows: Article 1 1. The Director of the liaison office of who benefits from the privileges granted to members of the diplomatic staff of diplomatic missions. The spouse and minor dependent children of the Director living in his household benefit from the advantages recognized to the spouse and minor dependents of diplomatic personnel.
2. without prejudice to article VI, section 19 of the Convention, the provisions of the first paragraph shall not apply to Belgian nationals.
Article 2 the Belgian Government facilitates the entry and residence in Belgium of persons invited to attend the Office of who for official purposes, as well as their departure from the country.
Section 3(1). The 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 hand, the members of the who staff.
2. the Belgium shall guarantee its citizens, permanent residents and each worker present on its territory the exercise of fundamental rights, as set out in the "Community Charter of the fundamental social rights of workers, done at Strasbourg in 1989", and in the "European Social Charter and its Protocol, made in Turin, in 1961.
3. who shall guarantee the effective exercise of basic social rights to each Member of its staff.
4. on the basis of a joint consideration of their respective systems of protection and social security, the Parties agree that the social security scheme applicable to members of staff who guarantees them the benefit of a base of social protection equivalent to the Belgian social security system.
5. taking account of the outcome of the review referred to in the previous point, the who staff members, other than Belgian nationals and permanent residents in Belgium, and not engaged, in Belgium, no occupation to profit character other than that required by their functions are covered by the social security scheme applicable to the staff of this organization, under the following conditions
(: has) the social security scheme applicable to the staff of who recognizes the principles of the Belgian legislation on the protection of data relating to the privacy of individuals and medical ethics (free choice of the patient, therapeutic freedom of the care provider and medical confidentiality);
(b) the Belgium and who recognize the uniqueness of their system and social security system.
6. by way of derogation from the provisions referred to in point 5, and as referred in the declaration annexed to this agreement, the Belgium and who agree that Belgian nationals and permanent residents in Belgium, the Belgian Office of who staff members are covered by the social security scheme applicable to the staff of the who, under the conditions referred to in point 5.
Article 4 each Party shall notify the other party the completion of the procedures required by its law for the bringing into force of this agreement.
IN witness whereof, the respective Plenipotentiaries have signed this agreement.
Done at Brussels, 6 January 1999 in duplicate in French-language.
For the Kingdom of Belgium: For the World Health Organization: M. COLLA GRO H. BRUNDTLAND DECLARATION COMMUNE annexed A the ARTICLE 3 of the agreement between the Kingdom of Belgium and the world the Health Organization on the establishment of a LIAISON Office of this 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 an Office of this organization and this common declaration in Belgium , the signatory Parties have agreed the following: Article 1. -Definition means: "permanent resident in Belgium": any person registered, more than six months in the Belgian national register of natural persons.
: "equivalent social protection floor": the social protection system that does not reach the height and extent of coverage of the Belgian social security system for unemployment benefits or disability benefits.
Article 2 the derogation referred to in article 3, point 6, of 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 remains valid as long as the results of the review referred to in article 3, point 4 of the draft agreement guarantees to members of staff who benefit from social protection floor equivalent to the Belgian social security system.
Article 3 in the context 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 this organization and article 2 of the joint declaration, the Parties undertake to cooperate closely in exchanging information on the occasion of significant changes to their respective social security systems likely to reduce the level and scope of the social protection to their policyholders.
Every five years, from the date of the signature of the abovementioned Agreement, the Parties establish a joint report on the assessment of their cooperation in this field. This report establishes if the condition referred to in article 2 remains valid.
(2) pursuant to article 4, the agreement entered into force on March 15, 2002.