belgiquelex.be - Carrefour Bank of Legislation

16 MAI 2001. - Military Status Act of the Armed Forces Reserve Framework (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER I^er. - General provisions
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. § 1^er. This Act sets out the status of military personnel in the Armed Forces Reserve Framework.
The armed forces reserve framework includes reserve military personnel and reserve military candidates.
§ 2. Reserve soldiers are:
1st Reserve Officers;
2° the non-commissioned officers;
3° the reserve volunteers.
§ 3. Military reserve candidates are:
1st Reserve Officers;
2° the non-commissioned candidates;
3° Military reserve candidates in basic instruction.
Art. 3. For the purposes of this Act:
1° each time a grade is mentioned, the equivalent grade is also considered;
2° medical service is considered a "force".
Art. 4. For the purposes of this Act, it shall be understood by:
1° the military reserve candidate in basic instruction: the Belgian who has signed a commitment to follow as a member of the reserve framework a basic training in order to be allowed in the category of reserve volunteers;
2° the reserve officer candidate: the reserve volunteer or the reserve non-commissioned officer who has been admitted to enrolling an appointment for training in the reserve officer category;
3° the non-commissioned officer candidate: the reserve volunteer who has been admitted to a commitment to undergo training for admission to the reserve non-commissioned officer category;
4° the reserve volunteer: who, as a military reserve candidate in basic instruction, has succeeded and has subscribed a reengagement to serve in the reserve volunteer category;
5° the reserve member from the reserve immediately available: the reserve member who, by a special complementary undertaking, undertakes to respond to the special reminders;
6th crisis situation: the period in peacetime, referred to in Article 3ter of the Act of 20 May 1994 on the implementation of the armed forces, on condition, and at times and positions in which the member may be present;
7° ordinary reminder: the reminder intended to maintain the training of the reserve member;
8th special recall: the recall of the reserve member from the reserve immediately available as part of the implementation of the armed forces;
9th emergency reminder in crisis situations: the reminder of the reserve soldier in crisis situations;
10th emergency reminder in wartime: the recall of the reserve soldier in wartime;
11° recall in the event of mobilization: the reminder of the reserve soldier that takes place in time of war.
Art. 5. The reserve military candidate serves under a commitment regime, the reserve member serves under a rengagement regime. These regimes are not applicable to the member referred to in articles 10, 2°, 11, 2°, 12, 2°, and 87.
Art. 6. As long as these provisions are not inconsistent with the provisions of this Act, all statutory and regulatory provisions relating to the status of career officers, career non-commissioned officers or career volunteers are applicable to reserve military personnel whose training is completed, according to the category of personnel to which they belong, and to reserve military candidates, according to the category of personnel for which they are trained.
CHAPTER II. - Intake
Art. 7. To be admitted as a reserve military candidate, it is necessary:
1st Belgian nationality;
2° having met the school obligation and attaining the age of eighteen years;
3° having not reached the age of thirty-three at December 31 of the year in which selection tests begin;
4° have not been permanently dismissed from his employment by resigning from office, placing at the ex officio pension or termination of his or her appointment, except for medical incapacity to the air service or for professional incapacity to the air service;
5° have not been pensioned for final physical incapacity or terminated by reform;
6° was not previously exempted for medical reasons pursuant to coordinated militia laws;
7°, as the case may be, possess the moral, material and physical qualities necessary for the status of an officer, non-commissioned officer or volunteer;
8° to succeed the psychotechnical trials and other selection tests that the King sets;
9° for those who wish to become a reserve military candidate in basic instruction, not to have lost that quality during an earlier engagement;
10° for those who wish to become a reserve military candidate in basic education, be at least a holder of a certificate attesting to the completion of primary education;
11° for anyone who wants to become a reserve officer, be at least bearer:
(a) a diploma or certificate of higher secondary education, or an equivalent degree or certificate;
(b) a degree or certificate recognized at least equivalent to that referred to in (a) by or under a law, a decree, a European directive, a bilateral agreement or an international convention;
12° for those who wish to become a non-commissioned officer, be at least bearer:
(a) a second year certificate of secondary education or an equivalent certificate;
(b) a degree or certificate recognized at least equivalent to that referred to in (a) by or under a law, a decree, a European directive, a bilateral agreement or an international convention.
Art. 8. The King regulates the practical modalities of admission taking into account the provisions of this Act and the needs of the armed forces.
On the proposal of the Chief of the General Staff, the Minister of Defence sets out the number of reserve military candidates that may be admitted annually as required.
The King shall establish by a royal decree deliberated in the Council of Ministers within two years of the entry into force of this Law the maximum number of reserve soldiers that may be counted by the armed forces.
Art. 9. For the purposes of this Act, the King sets out the equivalences of level of study referred to in section 7, 11° and 12°.
Art. 10. In addition to the officers recruited pursuant to Article 7, are admitted to the category of reserve officers of the armed forces, with their rank and seniority in that rank:
1° at their request and as long as the requirements for supervision of the armed forces allow it: career or complementarity officers who are placed on board pursuant to coordinated laws on military pensions:
2° of full right for a period of ten years, but not exceeding the age limit set out in Article 73;
(a) career or complementarity officers whose job resignment has been accepted;
(b) Auxiliary Air Force Officers whose engagement is terminated on request or expires;
(c) short-term officers sent on unsatisfactory leave.
Art. 11. In addition to non-commissioned officers recruited under section 7, they are admitted to the category of non-commissioned officers of the armed forces, with the rank of which they are placed and with their seniority in that rank:
1° at their request and as long as the requirements for supervision of the armed forces allow it: career and supplemental non-commissioned officers who are placed on board pursuant to coordinated military pension laws;
2° of full right for a period of ten years, but not exceeding the age limit set out in Article 73:
(a) career and/or supplemental non-commissioned officers whose job resignment has been accepted;
(b) short-term non-commissioned officers on unlimited leave.
Art. 12. In addition to volunteers recruited under Article 7, they are admitted to the category of reserve volunteers of the armed forces, with the rank of which they are dressed and with their seniority in this rank:
1° at their request and as long as the requirements for supervision of the armed forces allow it: career volunteers or supplements who are placed on board pursuant to coordinated laws on military pensions;
2° of full right for a period of ten years, but not exceeding the age limit set out in Article 73:
(a) career or complement volunteers whose job resignment has been accepted;
(b) short-term volunteers sent on unlimited leave.
CHAPTER III. - Commitments and commitments
Art. 13. As long as it meets the conditions of admission set out in Article 7, any Belgian may sign an undertaking as a reserve military candidate in basic instruction.
The commitment as a reserve candidate in basic instruction is signed for a period of two years.
Art. 14. He is declared to the military reserve candidate in basic instruction who is not yet a member at the time of the signing of the act of engagement that he is subject to military laws. By this declaration, he acquires the military quality.
The completion of this formality is recognized by the establishment of a document, signed by the candidate, in which the candidate acknowledges that he is declared to him that he is subject to military laws and that, by this declaration, he has acquired the status of a member.
In times of war or in times of war, the fulfilment of this formality is recognized by all means of law.
Art. 15. On the occasion of the notification of the success of the basic instruction, the military reserve candidate in basic instruction may subscribe to a re-engagement as a reserve volunteer. If he does not agree with this commitment, he loses the status of a military reserve candidate in basic education and is placed on final leave.
Art. 16. As long as it meets the conditions of admission set out in section 7, the reserve volunteer may subscribe either as a non-commissioned candidate or as a reserve officer candidate. He holds the last rank to which he was appointed, until he was commissioned to a higher rank.
As long as it meets the conditions of admission set out in section 7, the non-commissioned officer may make an appointment as a reserve officer.
The duration of the appointment as a Reserve Officer or Reserve Officer candidate is ten years. The commitment takes place through the signing of the commitment act on the day the candidate begins his/her training and suspends any ongoing engagement. The suspension of the appointment shall be brought into force in the event of loss of the status of reserve officer or non-reserve officer candidate. The duration of this recommitment is full and extended from the duration of the suspension.
Art. 17. On the occasion of the notification of the successful completion of the training, the reserve officer candidate or the reserve non-commissioned non-commissioned officer may make an initial appointment, respectively as a reserve officer or reserve non-commissioned officer. If he does not support this commitment, he or she loses the status of a reserve officer or non-reserve non-commissioned candidate, as the case may be.
Art. 18. The King sets out the terms and conditions for a commitment as a reserve military candidate or a reengagement as a reserve military member.
The duration of the first appointment as a reserve member is ten years. This commitment may be renewed by five-year periods, but not exceeding the age limit set out in section 73.
Any new act of commitment shall, at its date, terminate all prior commitments or commitments.
Art. 19. § 1^er. The commitment or commitment is terminated in full right following:
1° the loss of the quality of reserve or reserve military candidate;
2° the signature of an act of commitment:
(a) as a military candidate for the active framework;
(b) as an auxiliary officer;
(c) as a short-term military candidate;
3° the loss of Belgian nationality.
Commitment or re-engagement may be terminated in the following cases:
1° by reform;
2° ex officio, subject to the terms and conditions of execution of Article 32;
3° at the request of the interested party, on the terms and conditions of execution of Article 33.
§ 2. Any ongoing reengagement shall be terminated in full right when the reserve member reaches the age limit set out in section 73.
§ 3. In times of war and in times of war, the commitments and commitments under way are extended in full right until the day fixed by the Minister of Defence and no later than the day fixed for the handover of the army on a peace basis.
CHAPTER IV. - Training
Art. 20. The King sets the rules that should be applied to assess the moral, material, physical and professional qualities of the reserve military candidate.
Art. 21. For the military reserve candidate in basic instruction, the King forcibly fixes the duration of basic instruction. The total duration of the basic instruction, which must be completed within two years, may not be more than ten weeks.
Art. 22. The reserve volunteer may undergo specialized vocational training. This training can be followed by an internship and evaluation period.
The training cycle of the candidate reserve officer or non-commissioned officer shall consist of:
1° of an instruction period, subdivided into:
(a) possibly a complementary basic education phase;
(b) specialized vocational training;
2°, possibly, of an internship period;
3° of an evaluation period.
The King sets, by category of staff and by force, the duration of the complementary basic education phase and specialized vocational training that must be completed within four years.
Art. 23. The King sets, by category of personnel and by force:
1° the minimum duration of the internship and evaluation period;
2° the levels of knowledge and aptitude for professional, physical and material qualities;
3° training dispensations and conditions under which they may be granted.
Art. 24. The reserve military candidate may be required to receive all or part of his or her training in a military or civil establishment, in Belgium or abroad.
Art. 25. § 1^er. Each military reserve candidate in basic instruction shall be graded as a soldier as soon as his or her engagement takes place.
§ 2. May be commissioned during training:
1° the reserve officer candidate: in the rank of sergeant and sublieutenant;
2° the non-commissioned candidate: in the rank of corporal and sergeant;
3° the reserve volunteer: in the rank of first soldier.
The King determines the conditions for the granting and withdrawal of commissions.
Art. 26. A reserve military candidate or reserve volunteer who is not authorized to continue his or her training as a result of a lack of professional qualifications, may, at his or her request, obtain from the Force Chief of Staff the authorization to resume in the same capacity a new training in another specialty, or, if he or she is a reserve officer candidate, that of following a training of a non-commissioned candidate. In the latter case, he signed a ten-year appointment as a non-commissioned officer, and the previous appointment as a reserve volunteer remained suspended.
Art. 27. The training of the reserve military candidate is terminated in the following cases:
1° by the success of the planned training;
2° by the loss of the quality of military reserve candidate.
In the case referred to in paragraph 1^er, 2°, the reserve military candidate loses the rank in which he is commissioned.
Art. 28. The status of reserve military candidate is withdrawn in full right:
1° where the reserve military candidate is considered to have permanently failed according to the rules referred to in Article 20:
(a) because it does not possess the required professional qualities, and either cannot or does not wish to be reclassified according to the conditions determined by the King;
(b) because it does not have the required material qualities;
(c) because it does not have the physical qualities required for the physical condition;
2° where the Reserve Military Candidate no longer meets the required medical requirements and cannot continue its training according to the conditions determined by the King;
3° where the reserve military candidate no longer possesses the moral qualities required under the rules referred to in Article 20;
4° where the reserve military candidate obtains, upon request, the termination of his or her commitment;
5° where the military reserve candidate in basic instruction does not succeed the planned training;
6° where the military reserve candidate in basic instruction fails to pass the training provided in the period specified in article 13, paragraph 2;
7° when the commitment is terminated ex officio.
CHAPTER V.
Art. 29. The rank is the state of reserve officer, reserve officer or reserve volunteer of the armed forces.
The ranks of reserve officers are conferred by the King. These ranks are identical to those of career officers.
The ranks of non-commissioned officers and reserve volunteers are conferred by the Minister of Defence. These ranks are identical to those of career non-commissioned officers and career volunteers.
Art. 30. To be appointed to one of the following ranks of reserve military, it is necessary:
1° (a) for the rank of deputy lieutenant, be at least nineteen years of age and not exceeding the age of forty-one years;
(b) for the rank of sergeant or first soldier, not exceeding the age of forty-one years;
2° having successfully completed the training cycle;
3° satisfying the conditions of aptitude that the King may set by category.
The appointment to the ranks of sub-lieutenant or sergeant, as the case may be, shall take effect on the day of the signature of the re-engagement act as a reserve officer or reserve non-commissioned officer referred to in section 17.
The reserve volunteer shall be appointed to the rank of first soldier at least two years after the signing of the re-engagement act as a reserve volunteer referred to in Article 15. However, when this appointment was suspended before he was appointed to the rank of first soldier and then returned into force, in accordance with the provisions of Article 16, paragraph 3, he was appointed to the rank of first soldier after having completed a total of two years as a reserve volunteer.
Art. 31. The reserve officer who obtains the rank of deputy lieutenant, the reserve officer who obtains the rank of sergeant, the reserve volunteer who obtains the rank of first soldier, shall, in the hands of his head of body, take the oath prescribed by the decree of July 20, 1831 concerning the oath to the effect of the representative constitutional monarchy.
Art. 32. § 1^er. The reserve member may be dismissed from office:
1° if he is guilty of serious acts incompatible with his condition;
2° if he has demonstrated professional incapacity for his benefits.
§ 2. For reserve officers, the measure is taken by the King, on the motivated report of the Minister of Defence.
For non-commissioned officers and reserve volunteers, the Minister of Defence decides the measure by a reasoned decision.
§ 3. In the case provided in § 1^erParagraph 1^er, 1°, the measure is taken after consultation with a board of inquiry.
The Board of Inquiry examines whether the facts are established and advises on their seriousness.
The rules relating to the composition of the board of inquiry and the procedure before that board applicable to the members of the active personnel are applicable, if any, to reserve military personnel.
In the case provided in § 1^erParagraph 1^er, 2°, the measure is taken on the proposal of the hierarchical leaders.
Art. 33. § 1^er. The reserve member may present his resignation in writing. This resignation has effect only when it is accepted by the King or the authority it determines.
The King or the authority he or she determines may refuse to resign if he or she considers it to be contrary to the interest of the service.
§ 2. The former reserve member whose reengagement has been terminated, in accordance with the provisions of Article 19, § 1^er, 2°, because he has subscribed a commitment as an officer candidate or non-commissioned officer of the active officer is, if he is not appointed in this framework, reintegrated within the framework of the reserve military to the conditions fixed by the King. He was granted the seniority and grade he would have obtained if he had not left the reserve.
When the above-mentioned conditions are not met, the refusal to reinstate is pronounced by the King for Reserve Officers, and by the Minister of Defence for Reserve Officers and Reserve Volunteers.
§ 3. The provisions of § 2 do not apply to the former reserve officer whose re-engagement has been terminated because he has signed a commitment as:
1st non-commissioned candidate or volunteer candidate for the active officer;
2° short-term non-commissioned candidate or volunteer candidate.
The provisions of § 2 do not apply to the former reserve officer whose re-engagement has been terminated because he has signed a voluntary commitment to the short-term active or voluntary candidate.
§ 4. A reserve officer or reserve non-commissioned officer from the short-term officer or non-commissioned officer who is resigned before the end of the ten-year period referred to in section 10 or section 11, shall be transferred to the reserve volunteer category with the rank of first soldier for the remaining period.
CHAPTER VI. - Recalls and additional benefits
Art. 34. § 1^er. Unlimited leave reserve members may be taken to the following reminders:
1° ordinary reminders, whose maximum duration cannot exceed:
(a) 10 days per year for reserve officers and reserve non-commissioned officers;
(b) Seven days per year for reserve volunteers;
2° emergency reminders in crisis situations;
3° emergency reminders in wartime;
4° reminders in case of mobilization.
Derogation from paragraph 1^er, 1°, the Minister of Defence may, on the proposal of the Chief of the General Staff, designate units, agencies or parts of them belonging to the armed forces on a peace foot basis, for which the reserve member who belongs to the armed forces on a voluntary basis may be subject to a maximum of seven ordinary recall days per year. This paragraph is not applicable to the member of the immediately available reserve, without prejudice to the application of the provisions of section 71, paragraph 1^er1°.
§ 2. The ordinary reminders referred to in § 1^erParagraph 1^er, 1°, can be grouped over two or three years.
Art. 35. Emergency reminders in crisis situations, referred to in Article 4, 9°, and required in the context of national or international assistance or operational engagement, are immediately brought to the attention of the Government to the House of Representatives.
Art. 36. The Minister of Defence shall determine the necessary measures to ensure the rapid and regular recall of the military on unlimited leave.
He or she may grant a restraining order for the case of mobilization when he or she considers that the presence of the persons concerned in a service or employment outside the army is deemed to be of national interest.
Art. 37. The Minister of Defence or the authority designated by the Minister of Defence may, by reason of decision, subject the members on unlimited leave to the duty not to leave the country without authorization under the following circumstances:
1° in crisis situations;
2° in wartime;
Three in wartime.
The reserve member who leaves the country for a period of more than three months must inform the military authority.
Art. 38. The reserve member, with the exception of the reserve military candidate in basic education and the reserve volunteer who has not completed specialized vocational training, may, at the invitation or with the agreement of the King or the authority he designates, perform additional benefits. The King or authority that he designates sets out the conditions under which such benefits may be performed.
Art. 39. For specific missions for which one or more active personnel with specific skills cannot be found, the Minister of Defence may appeal to reserve military personnel.
Such a mission may not exceed a period of twelve months.
CHAPTER VII. - From the position
Art. 40. The King determines the time during which the reserve member in active service may be absent for health reasons. Upon expiry of this period and provided that the person concerned has not been reformed in the interval, the reserve member must be sent on unlimited leave if his or her state of health does not allow him to resume the service.
Art. 41. The reserve member on duty may only be temporarily removed from his or her employment if:
1° for health reasons;
2° per disciplinary measure;
3° by application of articles 44, paragraph 4, and 45 paragraph 2.
Art. 42. During the period referred to in section 40, the Minister of Defence may temporarily withdraw from his or her employment on health grounds, the reserve member who, in the opinion of a medical commission, is unable to resume service.
Art. 43. The reserve member in service may, by disciplinary measure, be removed from employment by the Minister of Defence for a specified period of time.
Art. 44. When the Minister of Defence considers that the presence of a reserve member in the armed forces is in breach of the discipline or good name of the army, he may, by order, suspend that reserve member for a maximum of three months. It may, if necessary, extend the three-month suspension by reason of decision. When a judicial action is brought because of the facts that motivate the suspension, the suspension must terminate no later than six monks after the end of the legal action; in other cases, its duration may not exceed two years.
If no sanction resulting in the release of the reserve frame is imposed, the suspension period is converted to active service.
In the event that a withdrawal of employment by disciplinary measure is pronounced, without covering the entire duration of the suspension, the additional period is converted to active service.
If the resignation of office or military degradation is pronounced, or if the reserve member is deprived by a sentence pronounced without suspension of any of the rights listed in article 31, 1° or 6°, of the Criminal Code, the suspension is converted to non-activity.
Art. 45. When a reserve member in service is separated from the army, either because of the circumstances of war or because of extraordinary circumstances that are not in fact, any provision relating to the exit of the reserve frame is suspended in respect of him during his absence.
When it has ended, the period of absence is converted to all or in part to a withdrawal of employment if the facts that have caused the absence or the conduct of the reserve member during the absence are incompatible with his condition of reserve member. The measure is taken in accordance with the provisions of Article 32.
The date on which the reserve member who has been separated from the army must be considered to be on unlimited leave is determined by the Minister of Defence.
Art. 46. The following statutory measures may be imposed against the reserve member:
1° temporary withdrawal of employment by disciplinary measure;
2° the resignation of office referred to in section 32.
These statutory measures may be imposed on the same facts as those for which a disciplinary punishment referred to in section 22 of the Act of 14 January 1975 concerning the regulation of discipline of the armed forces has been imposed.
CHAPTER VIII. - Body and specialities
Art. 47. The assignment of reserve military personnel is regulated by the Minister of Defence or by the authority it designates in accordance with the requirements of the supervision of the armed forces.
Art. 48. Reserve officers and reserve non-commissioned officers are assigned to one of the bodies determined by the King.
In addition, in some bodies, reserve officers and reserve non-commissioned officers are assigned to one of the specialties determined by the King.
Art. 49. Articles 27bis, 28, 29, paragraph 1^er, 30, 31 and 32 of the Act of 1^er March 1958 relating to the status of military career officers is applicable to reserve officers.
Art. 50. In exceptional cases, which must be reported, the King may commission, in a precarious manner, a reserve officer to exercise the employment of a higher rank.
The commission decree and the report to the King are published in the Belgian Monitor.
The effects of the commission are determined by the King. However, for the purposes of this Act, only the rank to which the reserve officer is appointed is considered.
Art. 51. Sections 3bis, 4, 5, 6 and 7 of the Act of 27 December 1961 relating to the status of non-commissioned officers of the armed forces are applicable to non-commissioned officers.
Art. 52. When the requirements of the supervision require, the Minister of Defence may commission, in a precarious manner, a non-commissioned officer to exercise the employment of a higher rank. The effects of the commission are determined by the King. However, for the purposes of this Act, only the rank to which the Reserve Officer is appointed is considered.
Art. 53. The reserve soldiers who participate in the air service belong to one of the categories of personnel navigating their force, as defined by the King, under the conditions and in accordance with the procedure that he sets.
Reserve soldiers are suspended or removed from these categories in accordance with the rules and procedure applicable to active military personnel.
CHAPTER IX. - From seniority to grade advancement and grade advancement
Art. 54. The seniority of the reserve member for grade advancement is established in accordance with the rules applicable to the active officer.
Art. 55. The King rules the advancement of reserve soldiers in accordance with the principles set out in this chapter.
Art. 56. In the armed forces, the advancement of reserve officers and reserve non-commissioned officers takes place in the body or, where appropriate, in the specialty to which they are assigned.
The officers of the earthly force cease to belong to a body and, if any, to a speciality, except for the bodies that the King determines, as soon as they are appointed to a rank of general officer.
Art. 57. The advancement of reserve military personnel is distinct from that of active military personnel. The reserve member must have made the ordinary reminders and, where appropriate, the additional ordinary reminders referred to in article 34, § 1^erparagraph 2, or 71, paragraph 1^er1°, planned for its staff category.
It must also have performed the additional advance benefits, which the King determines for his category of staff, without the cumulative duration of such benefits being able to exceed sixty days per promotion.
Art. 58. § 1^er. The ranks of a junior reserve officer, a junior reserve officer and a reserve volunteer are conferred upon the seniority of the reserve military who meet the conditions set out in this Act.
However, the reserve member whose manner of service is not deemed satisfactory or who is not deemed fit for the performance of the duties of the higher grade may be exceeded in advance.
The suitability and manner of service are appreciated by the Minister of Defence after the reasoned advice of supervisors.
No unfavourable notice may be forwarded to the Minister of Defence without the reserve member being able to submit his or her justifications within 10 business days. However, for the first unfavourable opinion, this period shall be extended to thirty working days when, in accordance with the provisions of Article 37, paragraph 2, the reserve member informed the military authority of his stay abroad.
§ 2. The application of the reserve member exceeded in advance is reviewed within five years of the first review. The reserve member who was not promoted after this second examination no longer participates in the advancement.
Art. 59. In the reserve, the ranks of general officer and superior officer are conferred upon the King, according to the rules applicable to career officers, on the basis of the advice of a progress committee that takes into account the titles and merits of the candidates.
Art. 60. In order to be promoted in the reserve to the ranks of Captain, Major, Lieutenant-Colonel, Colonel and General Staff, the Reserve Officer must complete professional trials. The program of these trials is fixed by the King or the authority he designates.
Reserve officers from the career officer framework are provided with professional examinations for the advancement to the rank of major to which they were satisfied or to which they were given as major career candidates. The same applies to language trials.
The reserve officer from the career officers who, in this context, has suffered a definitive failure to perform the professional tests for the attainment of the rank of major, is no longer authorized to compete for the rank of reserve major. If, on the other hand, he has suffered a final failure in the course of his career to the language tests for the advancement of the major, he may present the language tests for the advancement to the rank of reserve major.
The senior officer, who was awarded the rank of major, lieutenant-colonel or colonel with that rank in the reserve under section 10, 1°, is exempted from all or part of the professional examinations for the advancement of the ranks of lieutenant-colonel, colonel or general-major respectively.
Art. 61. In order to be promoted in the reserve to the rank of first sergeant-major, the reserve officer must complete professional trials. The program of these trials is fixed by the King or the authority he designates.
The reserve non-commissioned officer from the framework of the career non-commissioned officers may be exempted from these trials if he has already completed equivalent training.
Art. 62. No one may be appointed to the rank of Chief Warrant Officer in the reserve if he has not met a trial, according to the rules applicable to Career Officers.
The reserve non-commissioned officer from the framework of the career non-commissioned officers who has passed the qualification examination referred to in section 39 of the Act of 27 December 1961 relating to the status of non-commissioned officers of the active armed forces may be promoted as a reserve officer to the rank of Chief Warrant Officer, subject to the conditions established by the King.
Art. 63. In the reserve, the ranks of senior non-commissioned officer are conferred upon the Minister of Defence, according to the rules applicable to career non-commissioned officers, based on the advice of a progress committee that takes into account the titles and merits of the candidates.
Art. 64. The reserve member may not be promoted to a higher rank while either in non-activity or suspended by order or separated from the army.
The reserve member referred to in paragraph 1^er may, at the time it is relocated in active service or on unlimited leave, be promoted retroactively to the conditions that apply to active personnel.
Art. 65. The reserve member may not be appointed to the higher grade if his age does not allow him to serve for at least one year in his new grade.
CHAPTER X
Art. 66. When on duty, the reserve member is subject to the military disciplinary regime of the career members. Disciplinary proceedings are written for the reserve member on unlimited leave.
Art. 67. The reserve member in service is subject to military criminal laws. The reserve member on unlimited leave is subject only to the provisions of military criminal laws applicable to the military on unlimited leave.
Art. 68. In the circumstances determined by the King, the reserve member shall not mention his or her quality without authorization from the Minister of Defence.
CHAPTER XI. - From the reserve immediately available
Art. 69. On the proposal of the Chief of the General Staff, the Minister of Defence shall, in accordance with the rules laid down by the King, establish the number of reserve soldiers who may be admitted annually to a special complementary undertaking for the reserve immediately available.
Art. 70. In order to be admitted to a special complementary engagement, the reserve member must meet the specific requirements for training, training and availability.
The special commitment is signed for a period of one year and may be renewed for successive periods of one year. This commitment does not suspend the current commitment. For the duration of this undertaking and its possible extension referred to in section 71, paragraph 2, the reserve member shall not be allowed to enter into an undertaking referred to in section 16.
Art. 71. In addition to recalls set out in Article 34, § 1^erParagraph 1^erthe reserve member of the immediately available reserve may be subject to:
1° to seven additional ordinary recall days per year maximum;
2° to the special recall, which cannot exceed nine consecutive months and can only be imposed once by special undertaking.
The duration of the special recall referred to in paragraph 1^er, 2°, may exceed the period of special commitment. In this case, this commitment is fully extended to the end of the special recall. The renewal referred to in section 70, paragraph 2, shall only intervene at the end of that extension.
CHAPTER XII. - From the exit of the reserve frame
Art. 72. The reserve member ceases to belong to the reserve framework:
1° by resigning or resigning at his request, pursuant to articles 32 and 33;
2° by age limit;
3° by early final leave in the event of a plethora of reserve soldiers;
4° by reform;
5° by the loss of Belgian nationality.
The reserve member who has left the reserve framework pursuant to paragraph 1^er, 2°, 3° and 4°, keeps its grade honorary.
The Minister of Defence may withdraw this honorary degree if he has been unworthy to carry it.
Art. 73. Reserve soldiers cease to be part of the reserve framework on December 31 of the year in which they reached the age of sixty.
Art. 74. The King reformes the reserve officer, and the Minister of Defence the non-commissioned officer or reserve volunteer, who, in the opinion of a medical commission, are definitely out of state to continue serving.
CHAPTER XIII. - Miscellaneous provisions
Art. 75. Article 12bis of the Law of 1^er March 1958 relating to the status of military career officers is applicable to reserve officers.
Section 15bis of the Act of 27 December 1961 relating to the status of non-commissioned officers of the active military force is applicable to non-commissioned officers.
Article 9bis of the Act of 12 July 1973 relating to the status of volunteers of the active armed forces is applicable to reserve volunteers.
Art. 76. When the army is mobilized, the King may derogate from the provisions of articles 7, 10°, 11° and 12°, 58 and 65.
Art. 77. Administrations and authorities of the State, the provinces, municipalities, towns and federations of communes, associations of communes as well as the concessionary enterprises of public services and institutions subsidized by administrations must grant their agents, reserve soldiers, the leave necessary for the execution of the planned military benefits, both for their instruction and for their advancement. Leave shall not be deducted from those whose persons may normally benefit.
CHAPTER XIV. - Amendments and abrogations
Art. 78. The title of the law of 1^er March 1958 relating to the status of career officers and reserve officers of the armed forces, as amended by the laws of 27 December 1973, 13 July 1976 and 22 March 2001, is replaced by the following title:
"Law on the Status of Career Officers of the Armed Forces".
Art. 79. Sections 54 to 95 of the Act, as amended by the Acts of 28 June 1960, 18 February 1987, 22 December 1989, 21 December 1990, 20 May 1994 and 22 March 2001, are repealed.
Art. 80. In section 97 of the Act, the words ", 54, 5° and 7°, 77, 80 and 92, paragraph 2" are deleted.
Art. 81. The Act of 18 February 1987 on the status of non-commissioned officers of the armed forces, as amended by the Acts of 22 December 1989, 21 December 1990, 20 May 1994 and 22 March 2001, is repealed.
Art. 82. Chapter VII of the Act of 21 December 1990 on the status of active military candidates, including section 31, is repealed.
Art. 83. An article 3ter, which reads as follows, is included in the Act of 20 May 1994 on the implementation of the armed forces, on condition, and in the periods and positions in which the member may find himself:
"Art. 3ter. The reserve member may be in crisis situations in peacetime.
The crisis situation begins and ends at the times fixed by the King by deliberate decree in the Council of Ministers, when the armed forces only composed of the active military and reserve soldiers belonging to the immediately available reserve no longer manage to carry out their missions as part of operational engagement or assistance. »
Art. 84. Section 21, 3°, of the Act of 20 May 1994 on the status of the short-term military is repealed.
Art. 85. Section 22 of the Act is replaced by the following provision:
“Art. 22. The short-term member sent on unlimited leave is transferred to the reserve in his or her staff category.
He is appointed to the last rank obtained by commission and obtains seniority in this rank fixed by the King. »
Art. 86. Section 23 of the Act is replaced by the following provision:
“Art. 23. The short-term member who is sent on unlimited leave is subject to recalls under section 34 of the Act of 16 May 2001 relating to the status of military members of the armed forces reserve. »
CHAPTER XV. - Transitional and final provisions
Art. 87. Reserve officer recruited under section 54 or 55 of the Act of 1^er March 1958 relating to the status of career officers of the armed forces, the reserve officer recruited under Article 1^er or 3 of the law of 18 February 1987 relating to the status of non-commissioned officers of the land, air and naval forces, and of the medical service, the short-term volunteer spent in the reserve pursuant to articles 20 and 23 of the law of 20 May 1994 relating to the status of the short-term military and the milician on unlimited leave subject to military obligations under article 3 of the laws on the co-ordinated militia on 30 April 1962, shall be taken up, in accordance
Art. 88. In the six months preceding the termination of its military obligations, the member referred to in section 87 may enter into a five-year undertaking, but may not exceed the age limit set out in section 73. This re-engagement takes place upon the expiration of the aforementioned military obligations.
Art. 89. Within two years after the coming into force of this Act, the member on final leave may, at his or her request and in accordance with the requirements for supervision of his or her original force and an assessment of his or her military past, obtain the authorization of the Chief of Staff of Force to reinstate the reserve framework. This reserve member who meets the moral and physical qualities required for the status of an officer, non-commissioned officer or volunteer, as the case may be, may subscribe to five-year appointments, but may not exceed the age limit set out in section 73. At the time of the signing of the act of engagement, he is told that he is subject to military laws and by this declaration, he acquires the quality of military. This formality is found in the manner provided for in Article 14, paragraphs 2 and 3.
Art. 90. Within two years after the coming into force of this Act, the reserve member referred to in section 87, who has not permanently failed the advance tests in the higher grade, and who meets the conditions for the grade advancement set out in this Act, may apply for further advancement.
Art. 91. Reserve officer recruited under section 54 of the Act of 1^er March 1958 relating to the status of career officers of the armed forces and the reserve officer recruited under Article 1^er of the Act of 18 February 1987 relating to the status of non-commissioned officers of the land, air and naval forces, and of the medical service, whose resignation in accordance with the provisions of article 33, § 1^er, has been accepted within two years after the coming into force of this Act, retains its rank as honorary.
The provisions of Article 72, paragraph 3, shall apply to it.
Art. 92. As long as the officers and non-commissioned officers are not assigned to bodies and, where appropriate, to specialties, reserve officers and reserve non-commissioned officers, may be assigned to one of the corps or employment groups determined by the King, respectively.
Articles 28, 29, paragraph 1^erand 30 to 32 of the law of 1^er March 1958 relating to the status of career officers of the armed forces are then applicable to reserve officers and articles 4 to 7 of the Act of 27 December 1961 relating to the status of non-commissioned officers of the armed forces are then applicable to non-commissioned officers. The advancement of reserve officers and reserve non-commissioned officers is, as the case may be, in the body or group of jobs to which they are assigned.
Art. 93. The King may determine the transitional arrangements necessary for the application of this Act.
Art. 94. The King shall determine the effective date of this Act.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 16 May 2001.
ALBERT
By the King:
Minister of Defence,
A. FLAHAUT
____
Notes
(1) Session 2000-2001.
House of Representatives
Parliamentary documents. - Bill No. 1137/1. - Amendments, no. 1137/2. - Report, no. 1137/3. - Text adopted by the Commission, No. 1137/4.
Annales parliamentarians. - Discussion and adoption: April 19, 2001.
Senate
Parliamentary documents. - Bill transmitted by the House of Representatives, No. 722/1.
Project not mentioned, no. 722/2.