26 JUIN 2001. - Law approving the cooperation agreement of 4 July 2000 between the Federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region and the German-speaking Community on the Social Economy (1)

The Chambers adopted and We sanction the following:
ALBERT II, King of the Belgians,
To all, present and to come, Hi.
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The cooperation agreement between the State, the regions and the German-speaking Community on the social economy, signed in Brussels on 4 July 2000, is approved.
Promulgate this Act, order that it be put on the seal of the State and published in the Belgian Monitor.
Given in Brussels on 26 June 2001.
ALBERT
By the King:
The Prime Minister,
G. VERHOFSTADT
Deputy Prime Minister and Minister of Employment and Equal Opportunities,
Ms. L. ONKELINX
Deputy Prime Minister and Minister of Budget, Social Integration and Social Economy,
J. VANDE LANOTTE
Minister of Economy, Scientific Research and Policy of Cities,
Ch. PICQUE
State seal: Minister of Justice,
Mr. VERWILGHEN

Agreement of cooperation between the State, the Regions and the German-speaking Community concerning the social economy
Having regard to Article 35 of the Constitution and its transitional provision;
Considering the special law of 8 August 1980 of institutional reforms, as amended by the law of 8 August 1988, in particular Article 92 bis, § 1^er;
Considering the special law of 12 January 1989 of institutional reforms, including articles 4, 6 and 92 bis, § 1^er amended by the Act of 8 August 1988;
Having regard to the special law of 12 January 1989 on Brussels institutions, including section 42;
Having regard to the Law of Institutional Reforms for the German-speaking Community of 31 December 1983, as amended by the Act of 18 July 1990, including Article 55bis;
Considering Opinion No. 3 on the social economy issued by the Higher Council for Employment of 7 December 1998;
Considering the European Employment Directives for the year 2000 and in particular Directive 12;
Considering the federal government agreement of 14 July 1999;
Considering the Flemish government agreement of 13 July 1999, which advocates for the development of the social economy under a cooperation agreement with the federal authorities;
Considering the Walloon government agreement of 14 July 1999;
Considering the Brussels government agreement of 14 July 1999;
Having regard to the government statement of the German-speaking Community of 6 September 1999 aimed, inter alia, at promoting the social economy under its Community Jobs and Training Pact;
Considering the decree of the Council of the Walloon Region of 6 May 1999 and the decree of the Council of the German-speaking Region of 10 May 1999 concerning the exercise by the German-speaking Community of the competences of the Walloon Region concerning employment;
Considering the opinion of the Council of State No. 30.431/1 of 4 October 2000;
Considering that the State, the German-speaking Community and the Regions believe that the development of a social economy must be considered in the perspective of the development of a solidarity economy;
Considering that this cooperation agreement first emphasizes the value of initiatives combining social objectives and economic dynamics, that priority is given to initiatives taken to promote socio-professional integration, through the development of an economic activity, job seekers with special difficulties in reintegrating and that other principles, such as the maintenance or development of social cohesion and sustainable relations with
Considering that these objectives can be seen as an important challenge for economic life in its entirety and that the public authorities can therefore encourage such initiatives by supporting measures while ensuring compliance with competition rules and by prohibiting themselves from organizing unfair competition;
Considering that, in terms of the development of community services, particularly in the level of services provided to households or in order to meet collective needs at the local level, there are important employment opportunities;
Considering that the State, the Regions and the German-speaking Community can and should support such initiatives in accordance with their respective competences;
Considering that it is therefore desirable that the State, the Regions and the German-speaking Community, within the framework of a mutual harmonization of the mechanisms for a coordinated implementation of the budgetary means and the elaboration of a specific programme of monitoring the objectives set, conclude a cooperation agreement;
The Federal State, represented by the Deputy Prime Minister, Minister of Employment and Equal Opportunities, Deputy Prime Minister, Minister of Budget, Social Integration and Social Economy and Minister of Economy, Scientific Research and Policy of Cities;
The Flemish Region, represented by its Government, in the person of the Minister of Employment and Tourism, and the Minister of Economy, Land and Media Planning;
The Walloon Region, represented by its Government, in the person of the Minister of Economy, P.M.E., Research and New Technologies and the Minister of Employment and Training;
The Brussels-Capital Region, represented by its Government, in the person of the Minister of Employment, Economy, Energy and Revitalization of the Districts;
The German-speaking Community, represented by its Government, in the person of the Minister-President of the German-speaking Community and Minister of Employment, the Policy of the Disabled, Media and Sports,
The following:
CHAPTER I^er. - General objectives and scope
Article 1^er
§ 1^er. The economy must be viewed in its entirety by integrating not only economic objectives, but also social, environmental and ethical objectives.
It is important to ensure that projects that focus more on social objectives such as the support and integration of particularly weakened audiences. New constructive partnerships and social dialogue are key factors in the development of a so-called solidarity economy.
The three pillars of the solidarity economy that will be supported through this cooperation agreement are: the social economy, the spirit of socially responsible enterprise and the services of proximity.
§ 2. The Regions, the German-speaking Community and the Federal State are committed to combining their efforts in terms of research, information gathering and the promotion of the solidarity economy, with a view to:
1° to continue the development of initiatives and social-economic enterprises that respect the following basic principles: the primacy of labour on capital, self-management, a service purpose for members and the community, rather than profit, a democratic decision-making process, sustainable environmental development;
2° support a socially responsible entrepreneurial spirit, namely a way of undertaking that aims to achieve economic success in respect of social cohesion and ecological balance;
3° support community services, including services performed to improve the living conditions of citizens or to meet local collective needs, provided that the development of these services is based on the creation of stable employment and does not result in any other form of exclusion or dualization of both the supply and demand market and the labour market.
CHAPTER II. - Common commitments
Article 2
§ 1^er. The contracting parties undertake, within their respective competences, to take the measures and to free the means for the development of the three pillars cited in Article 1^er.
§ 2. During the development of the three pillars mentioned above, the contracting parties are committed to always considering full and sustainable employment as well as maximum opportunities for risk groups as goals to be achieved. Particular attention will be given to the sustainable integration of the group of minimexes and beneficiaries of social assistance.
This is why the contracting parties undertake to make maximum effort to achieve a proportional representation of the group of beneficiaries of the minimum means of existence in all employment measures.
§ 3. Pursuant to this cooperation agreement, the contracting parties undertake to double the number of jobs during this legislature, in the recognized initiatives of social economy by the respective authorities on the basis of the indicators developed by the consultation committee referred to in Article 5 of this Agreement.
Article 3
§ 1^er. For each of the commitments mentioned in Article 2, both quantitative and qualitative operational objectives will be established after a dialogue between the Regions and the German-speaking Community and on the other hand the federal authorities. These objectives will be regularly monitored and evaluated.
§ 2. Any authority shall organize within it the consultation with social partners with regard to the matters of this cooperation agreement.
Article 4
In order to achieve the objectives cited in Article 3, § 1^er, the contracting parties undertake to maximize the harmonization of federal and regional measures to complement and strengthen them. The following principles will apply:
- Performance (are the target target or group achieved);
- Effectiveness (cost-benefit analysis);
- Simplicity (in terms of administration, procedures, payment terms, clarity, . ) both for the user and for the company and public authorities;
- Transparency;
- Certitude (no vague interpretations, uncertain periods of application, . );
- Monitoring opportunities (monitoring);
- Complementarity.
Article 5
§ 1^er. The contracting parties undertake, at the signing of this agreement, to quickly establish the Interdepartmental Committee for Consultation on Social Economy, called the "Council Committee".
§ 2. The Coordinating Committee is responsible for:
- the implementation and monitoring of the cooperation agreement, in particular with regard to the determination and monitoring of qualitative and quantitative objectives;
- the assessment of the principles defined in Article 4 and their implementation;
- the evaluation of the execution and issuance of notices relating to the execution of the cooperation agreement.
§ 3. Headquarters in the Consultation Committee:
- for the federal authorities: the competent Minister for Social Economy, the competent Minister for Employment, the competent Minister for Economy; the competent Minister for the Consumer Policy;
- for Flemish authorities: the competent Minister for Employment, the competent Minister for Economy;
- for the Walloon authorities: the Minister for Employment and Training and the competent Minister for Economics and Social Economy;
- for the Brussels authorities: the competent Minister for Employment and Economy;
- for the German-speaking authorities: the competent Minister for Employment;
§ 4. The secretariat and the operating costs of the Consultation Committee are borne by the federal authorities.
§ 5. The Consultative Committee will meet at least four times a year and report directly to the Governments concerned.
Article 6
§ 1^er Pursuant to Article 1^er, § 2, the contracting parties undertake to collaborate to collect and analyze the statistical information necessary to better knowledge of the solidarity economy.
§ 2. A working group, composed of representatives of the contracting parties, will determine the modalities of this collaboration.
Article 7
§ 1^er. Pursuant to Article 1^er§ 2, 1°, the contracting parties undertake to involve their efforts to strengthen initiatives of the social economy. Collaboration will aim to support the proactive development, if possible temporarily, of new social economy companies, to create specific incubation centres, to support their management and to develop an information policy.
§ 2. Pursuant to Article 1^er, § 2, 2°, the contracting parties undertake to collaborate in order to strengthen the solidarity aspects in economic life: voluntary projects of social innovation and experiences of social audit can be supported in companies.
§ 3. The contracting parties will work together for the implementation of a project support mechanism referred to in § 2.
§ 4. The contracting parties, as part of the implementation of the regulations concerning the services of proximity, undertake to establish specific incentives in support of the objectives referred to in Article 1^er, § 2, 3°, and to provide additional funding in order to ensure universal accessibility of presumed services and to work only with recognized companies.
§ 5. Pursuant to Article 1^er, § 2, 3°, and Article 2, § 2, the contracting parties undertake to strengthen the structural collaboration between local employment actors.
Article 8
§ 1^er. Under the conditions set out in Article 9, the federal authorities provide for the fiscal year 2000 an amount of 250,000 BEF, in co-financing the joint efforts to be made with the Regions concerned and the German-speaking Community. The distribution is as follows:
139,250,000 BEF or 55.7 per cent of these federal means are available for joint initiatives with the Flemish Region;
82,500,000 BEF or 33% of these federal means are available for joint initiatives with the Walloon Region;
25,000 BEF or 10% of federal means are available for joint initiatives with the Brussels Capital Region;
3,250,000 BEF or 1.3 per cent of these federal means are available for joint initiatives with the German-speaking Community.
§ 2. Under the conditions set out in section 9, the federal authorities provide, for the fiscal year 2001, 500,000 BEF for co-financing the joint efforts to be made with the Regions concerned and the German-speaking Community as follows:
278 500 000 BEF or 55.7 per cent of these financial means are available for joint initiatives with the Flemish Region;
165,000 BEF or 33% of these federal means are available for joint initiatives with the Walloon Region;
50,000 BEF or 10% of these federal means are available for joint initiatives with the Brussels Capital Region;
6,500,000 BEF or 1.3 per cent of federal resources are available for joint initiatives with the German-speaking Community.
§ 3. Based on the means set for the fiscal year 2001 and on the basis of available budgetary resources, a financial scheme will be established for the period 2002-2004. An assessment of the effects of the cooperation agreement should be made prior to any subsequent budgetary negotiations.
§ 4. Without prejudice to what was set out in Article 9, § 3, the amounts referred to in Article 8, § 1^er, § 2 and § 3, the budgets provided are granted, by means of a royal decree, to the authorities concerned, on the basis of separate conventions. They are responsible for the management of these means and their distribution, with a view to ensuring the proper implementation of the annual conventions and provided that the means granted relate to initiatives that fall within federal and regional jurisdictions.
§ 5. The distribution of means in favour of the decided actions may be reviewed by the Regions or the German-speaking Community, with the agreement of the Federal Minister, competent for the Social Economy, provided that the region concerned or the German-speaking Community can demonstrate that, through this revision, the objectives referred to in Article 2, § 2 and § 3, can be achieved more easily.
Where applicable, the regions concerned or the German-speaking Community shall submit to the federal authorities the proposed amendments.
Article 9
§ 1^er. For the period 2000-2004, with a view to co-financing common efforts, the regions concerned and the German-speaking Community provide for an additional financial effort annually in relation to the 1999 budget, which is at least equal to the amount that the federal authorities grant to the joint programme, referred to in Article 8, § 4, each year, according to the distribution key set out in Article 8.
§ 2. In a fiscal year of the period 2000-2004, the amount that the federal authorities grant according to the distribution key set out in Article 8 to co-finance the common program referred to in Article 8, § 4, may never exceed the effort made by the region concerned or the German-speaking Community during that fiscal year.
Each year and, at the latest, 1^er July, the regions and the German-speaking Community communicate to the federal authorities a forecast of the financial means they intend to allocate during the following fiscal year.
§ 3. The effort made by the region concerned or the German-speaking Community is monitored on the basis of actual commitments.
Each year and, at the latest, 1^er March, the regions and the German-speaking Community report to the federal authorities on the financial means incurred during the previous fiscal year.
§ 4. Where the effort referred to in § 3, for a fiscal year of the above-mentioned period, is less than the amount provided for in Article 9, § 1^er, the federal authorities may decrease, in the following fiscal year, the amount referred to in Article 8, § 3, to the difference between the latter and the effort provided for in Article 9, § 3, unless the region concerned or the German-speaking Community may provide a reasoned explanation of the situation. The consultation committee will establish the rules for this purpose.
§ 5. The allocation of the means released under Article 8, § 4, is the subject of a dialogue between the authorities concerned. This is done under the Committee referred to in Article 5.
Article 10
The contracting parties undertake to exchange information on the financial means they affect in strengthening the pillars cited in Article 1^er§ 2, with a view to respecting the principles referred to in Article 4.
CHAPTER III. - Federal State commitments
Article 11
Pursuant to Article 1^er, § 2, 1° and 3°, the federal authorities undertake to give, during this legislature, additional efforts aimed at the correct application of articles 41 and 42 of the law of 4 May 1999 for the development of the social economy. The scope of this measure will be determined in consultation with the parties involved, including the recognition of potential online operators.
Article 12
In consultation with the German-speaking Community and the Regions, the federal authorities undertake to assess, in the light of the objectives set out in Article 1^er, § 2, 1°, the application of the law relating to the legal forms of enterprises of social economy (legislation on a.s.b.l. or on societies) as well as their tax system and to examine the measures to promote their development. The Minister of Finance will be responsible for reviewing this case.
Article 13
§ 1^er. Pursuant to Article 1^er, § 2, 1°, the federal authorities undertake to simplify access to public markets and access to the profession for initiatives emanating from the social economy.
§ 2. Pursuant to Article 1^er, § 2, 1 and 3°, the federal authorities undertake to examine the legal possibilities of introducing social clauses in public markets and to develop a proposal.
Article 14
§ 1^er. Pursuant to Article 2, § 2, the federal authorities undertake to carry out an activation of the minimum means of existence and financial social assistance in order to co-finance the cost of the beneficiaries put to work in these programs carried out by the services of the Regions or the German-speaking Community or carried out under their management and which offer important employment opportunities to the groups of opportunities. To this end, conventions will be concluded between the competent federal Minister for Social Integration and Social Economy and the authorities concerned, represented in the person of the competent Minister for Employment and the competent Minister for Functional Aspects.
§ 2. Pursuant to Article 1^er, § 2, 1°, and of Article 2, § 2, the federal authorities undertake to provide additional subsidies to initiatives of the social economy as part of the provision of minimexes and beneficiaries of social assistance. The scope of this measure is determined in consultation with the parties involved.
§ 3. Pursuant to Article 1^er, § 2, 1°, and Article 2, § 2, the federal authorities undertake to ensure the permanent activation of unemployment benefits and the minimex for the development of employment in the context of the social economy. The scope of this measure will be determined in consultation with the parties involved.
CHAPTER IV. - Common commitments of the Regions and Communities
Article 15
The regions and the German-speaking Community are committed, within the framework of their competence, to provide guidance and support plan for job seekers, particularly target groups so that they can access full employment.
Article 16
Pursuant to Article 1^er, § 2, 1°, the Regions and the German-speaking Community undertake within the framework of their competence to optimize the access of the social economy to capital at risk and investment credits. They will adjust, if any, the structures that exist for the social economy in this regard.
Article 17
The regions and the German-speaking Community are committed to recognizing the Public Social Assistance Centres as a full partner in employment policy. To this end, separate agreements will be concluded jointly between the parties cited, local authorities or representative organizations for local governments and federal authorities.
Article 18
The budgetary efforts made by the contracting parties under articles 8 and 9 of this cooperation agreement may be considered public co-financing under the European Social Fund and the European Fund for Regional Development.
Made in Brussels on 4 July 2000 in 9 original copies.
(in Dutch, French, German)
For the federal state:
Deputy Prime Minister and Minister of Employment and Equal Opportunities,
Ms. L. ONKELINX
Deputy Prime Minister and Minister of Budget,
of Social Integration and Social Economy,
J. VANDE LANOTTE
Minister of Economy, Scientific Research and Policy of Cities
Ch. PICQUE
For the Flemish Region:
Minister of Employment and Tourism,
R. LANDUYT
Minister of Economy, Land and Media Planning,
D. VAN MECHELEN
For the Walloon Region:
Minister of Economy, E.P., Research and New Technologies,
S. KUBLA
Minister of Employment and Training,
Ms. M. ARENA
For the Brussels-Capital Region:
Minister of Employment, Economy, Energy and Revitalization of Neighbourhoods,
E. TOMAS
For the German-speaking Community:
The Minister-President, Minister of Employment, Policy of the Disabled, Media and Sport,
K.-H. LAMBERTZ
____
Note
(1) Session 2000-2001
House of Representatives:
Documents. Bill tabled on 11 January 2001, No. 50-1042/001 Text adopted by Commission No. 50-1042/001.
Annales parliamentarians. Discussion, meeting of 22 February 2001. Voting, meeting of 22 February 2001.
Senate:
Documents. Project transmitted by the House of Representatives No. 2-670/1 Text adopted in plenary and submitted to Royal Assent No. 2-670/1.
Annales parliamentarians. Discussion, meeting of May 31, 2001. Voting, meeting of 31 May 2001.