2 JANVIER 2001. - Law on Social, Budgetary and Other Provisions - Erratum

Moniteur belge n° 2 du 3 janvier 2001 (second édition), pages 81 to 128, lire :

"2 JANVIER 2001. - Program Act (1)
ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
TITRE PREMIER
General provision
Article 1^er
This Act regulates a matter referred to in Article 78 of the Constitution.
PART II
Telecommunications, Companies and Public Participations
CHAPTER I^er
Amendment of the Act of 21 March 1991
reform of certain economic public enterprises
Art. 2
Section 68 of the Act of 21 March 1991 on reform of certain economic public enterprises, as amended by the Act of 20 December 1995, the Royal Decree of 28 October 1996, the Act of 19 December 1997, the Royal Decrees of 4 March and 21 December 1999 and the Act of 3 July 2000, is supplemented as follows:
"32° national roaming: the ability of an operator to allow its customers to access the services offered by another mobile radio network operator in the same country;
33° antenna: device for radiation and electromagnetic wave caption;
34° base station: a set of antennas, cables and electronic transmission and reception equipment to ensure the radio coverage of a given geographic area;
35° support: structure on which base station antennas can be placed;
36° antenna site: set of constructions, including at least one support, antenna and premises for electrical and electronic equipment, allowing the installation and operation of one or more base stations;
37° radio network: set of base stations of a given operator;
38° cost of establishing the antenna sites database: costs related to the establishment or development of a database of antenna sites;
39° periodic costs of the antenna sites database: the annual costs caused by the operation and maintenance of this database. »
Art. 3
In section 79ter of the Act, inserted by the Act of 19 December 1997 and amended by the Royal Decree of 4 March 1999, the following amendments are made:
1° in paragraphs 1^er and 2, the words ", unbundled access to the local loop" are inserted between the words "special access" and the words "and shared uses";
2° Paragraph 2 is supplemented as follows:
"When the Chamber decides on the extension of the time limits for negotiations referred to in Article 108bis, it shall make its decision within ten working days after the application is filed. This extension may not exceed four months from the decision of the Chamber. »
Art. 4
Section 83 of the Act, replaced by the Act of 19 December 1997, is supplemented by a paragraph 3, which reads as follows:
“§3. If, by means of a fully unbundled access, another operator has the exclusivity of the line that gives a user access to the public fixed telecommunications network, the provider of the universal service is presumed to have fulfilled its obligations under sections 83 to 86 and Schedule 1 to this Act. »
Art. 5
Article 89 of the Act is supplemented by a § 5, which reads as follows:
Ҥ 5. The King determines which operators have the obligation to offer national roaming and which operators can benefit from it.
The King sets out the scope of the national roaming and the conditions to which it must be offered, including:
(a) the minimum deployment of a clean network by the operator entitled to national roaming;
(b) services covered by the national roaming contract;
(c) the geographical scope of the national roaming contract;
(d) the duration of the national roaming contract;
(e) circumstances that may terminate all or part of the national roaming contract.
The conditions of national roaming must be reasonable, non-discriminatory and proportional, in particular regarding the nature, quality and pricing of the services offered and access to the network.
The King sets out the circumstances under which an operator who has an obligation to provide the national roaming or an operator who is entitled to the national roaming may refer the Institute to take steps to settle a dispute related to the conclusion or modification of a national roaming contract.
When seized, the Institute may, inter alia, impose the following measures:
(a) establish a time limit for the conclusion of negotiations on the national roaming contract or its amendment, and the measures to be taken in the event that an agreement is not reached within that time limit;
(b) determine which elements should be included in the national roaming contract;
(c) determine specific commitments that must be met by one or more of the parties to the national roaming contract, such as, inter alia, the tariff of the offer of the national roaming calculated according to the method determined by the King.
In the exercise of its jurisdiction, the Institute will consider:
(a) the interests of users;
(b) coverage of less densely populated territories;
(c) regulatory obligations or limitations imposed on the parties;
(d) the opportunity to stimulate the provision of innovative solutions and to offer users a wide range of telecommunications services;
(e) the need to maintain the integrity of the public telecommunications network and the interoperability of services;
(f) the nature of the request in relation to the means available to satisfy it;
(g) the need for the operator to offer the national roaming to maintain the quality of its services and the need to obtain from the operator who is entitled to the national roaming accurate and timely information in order to facilitate the organization of the network;
(h) market positions of the parties;
(i) the general interest, and
(j) the promotion of competition. »
Art. 6
An article 92quinquies, as follows, is inserted in the same law:
"Art. 92quinquies. § 1^er. This section applies to operators referred to in sections 89 and 92 bis.
§ 2. The operator makes every effort to install, to the extent possible, its antennas on pre-existing supports, such as building roofs, towers, facades, without limiting this list.
§ 3. If at least the support of an antenna site is the ownership of one or more operators, the operator responds or they respond favourably to any reasonable request from anothers operators to allow them to install their own antennas on the existing support.
This sharing obligation is extended to the installation in the adjacent premises, if the latter are the property of one or more operators, electronic or electrical equipment of the base station, to the extent that the building concerned allows the installation of the equipment of the different operators in separate premises.
The operators concerned shall negotiate in good faith an agreement on shared use, the terms of which must be reasonable, proportionate and non-discriminatory. In addition, the royalty for shared use can only be based on the overall cost of direct land acquisition costs, actual construction and maintenance costs, increased by a percentage equal to the average weighted cost of shared use by the operator, as presented by the operator to the Institute and is determined by the Institute.
If at the same time or later several operators ask for shared use, the overall cost will be allocated equally among all operators who share the use.
Operators can only refuse the shared use of an antenna site for duly justified technical reasons and, at their request, are recognized as such by the Chamber.
If the installation of the additional antennas requires significant work to strengthen the existing structure, the proprietary operators of this site are entitled to charge the additional cost investments by the operators who wish the shared use, on the basis of an agreement whose terms must be reasonable, proportional and non-discriminatory.
The provisions of this paragraph shall be extended to antenna sites whose support is the property of a natural or legal person directly or indirectly related to an operator, or that are managed by a third party for the benefit of an operator.
For the purposes of this paragraph, "any physical or legal person directly or indirectly connected" means any natural or legal person on which the operator may exercise, directly or indirectly, a dominant influence, or any natural or legal person who may exert a dominant influence on the operator or who, like the operator, is subject to the dominant influence of another natural or legal person by the fact of the property, financial participation or rules that govern it.
The dominant influence is presumed vis-à-vis a corporation in particular where a natural or legal person, directly or indirectly, in respect of another legal person:
(a) holds the majority of the share capital of the corporation, or
(b) has the majority of votes attached to the shares issued by the legal person, or
(c) may designate more than half of the members of the body of administration, direction or supervision of the corporation.
§ 4. In the event that an antenna site is wholly or partially owned by a third party, the operators operating this site or using it in a shared manner do not object in any way to the conclusion of an agreement between that third party and one or more other operators, by which it is given the opportunity for the latter to use the site in question in a shared manner.
In contracts that operators enter into with third parties referred to in paragraph 1^er, they do not include any clause that would have the effect of prohibiting or making more difficult the shared use of the site in question to one or more other operators, including any clause to impose a condition of reciprocity in any form.
For contracts entered into before the date of entry into force of this Article and which would include such a clause, the operators concerned shall negotiate without delay a modification of the contract, with a view to repealing the clause concerned within a maximum of three months from the date of entry into force of this Article. In addition to this period, any clause shall be deemed to be repealed to the extent that it contravenes the provisions of this section.
§ 5. At least a month before introducing to the competent authorities a request for a urban planning permit for a specific antenna site or for a part of a site, each operator is required to notify the other operators of their intention.
In the month following the notification, the other operators send to the first operator their request for joint use of the antenna site or site part.
Where applicable, the first operator is required to negotiate in good faith the technical and financial conditions of the common use of the antenna site concerned with other operators and to conclude an agreement in accordance with the principles set out in § 3, paragraph 3.
After entering into this agreement, the operators concerned must jointly apply for urban planning permits to the competent authorities.
Without prejudice to the provisions of paragraph 1^er, operators take the necessary measures to ensure that the stability and height of the pylons of the antenna sites they construct, build or modify, are appropriate to the use shared with other operators.
Unless shared use is impossible for technical reasons accepted by the Board, operators take the necessary measures for the shared use of the site by all the operators who requested it.
The obligations arising from this paragraph are applicable to requests for urban planning permits already introduced; Where applicable, operators shall adapt their application within three months of the entry into force of this Article.
§ 6. A database of antenna sites is created to facilitate the shared use of antenna sites that will contain any relevant information to facilitate site assessment for sharing. Requests and plans for new sites will also be appropriately included in the database.
The collaboration of operators in the development and use of the antenna sites database is mandatory.
The King can determine how to manage and administer the antenna database.
The database manager of the antenna sites transmits to each operator and the Institute a complete list of all existing and project antenna sites within three months from the implementation of the database. On the first business day of each month, each operator provides the manager of the antenna database and the Institute with a complete and updated list of all existing and project antenna sites. The database manager informs the operators on a monthly basis of changes to existing and project antenna sites.
This list, presented electronically in a format determined by the Institute, includes the following data for each antenna site:
- the mailing address;
- the geographic coordinates of the support according to the Lambert system;
- the maximum usable height and exposure to the maximum wind of the support;
- the status of the site: site built, permit of urban planning obtained, permit of urban planning requested, site of temporary character.
On the first business day of each quarter, the manager of the antenna database transmits to the Institute a report on the sites being used shared by the operators. This report includes at least the data determined by the Institute.
The establishment costs and periodic costs of the antenna sites database are borne by all operators on the basis of a negotiated agreement between them. If such agreement is not reached within three months of the entry into force of this article, the costs of the antenna sites database and the distribution by operator are determined by the King. If no amendment to this agreement is obtained within three months of the request to this end by a new operator, the costs of the database of antenna sites and the distribution by operator are determined by the King.
The Institute ensures that the antenna site database is managed in the general interest.
Where applicable, the Institute may impose the measures it considers necessary for the preservation of the general interest and for a rapid system for the exchange of information on sites and their shared use.
§ 7. Within three months of the date of entry into force of this Article, contracts already entered into between operators or contracts already entered into between operators and third parties for the shared use of antenna sites are amended, if any, to be brought into conformity with the provisions of this Article.
§ 8. Any disputes between operators relating to the performance of this Article may be submitted to the Chamber in accordance with Article 79ter.
Art. 7
In section 106 of the Act, replaced by the Act of 19 December 1997 and amended by the Royal Decree of 21 December 1999, the following amendments are made:
In paragraph 1^er, a point 5° to read is added:
"5° unbundled access to the local loop. Where the Institute is of the opinion that competition is present to a sufficient extent in the local access market, the requirement for cost guidance on this market is waived. The Institute makes this decision only after a public consultation. »
Art. 8
An article 108bis, as follows, is inserted in the same law:
"Art. 108bis. § 1^er. Each notified operator will provide a reference offer to the Institute by September 15 of each year regarding unbundled access to the local loop. Prior to 15 November, the Institute communicated its comments and any amendments to this offer. The notified operator has a period of one month to make the changes and publish the reference offer.
§ 2. The operators concerned have a period of four months from the date of the application for unbundled access to the local loop to conclude an agreement on this matter. This period may be extended only in accordance with Article 79ter, § 2.
§ 3. The Institute takes all necessary measures to ensure real competition in the unbundled access market to the local loop. »
Art. 9
Article 117bis, as follows, is inserted in the same law:
"Art. 117bis. - The King may impose as a condition of admissibility a guarantee, the amount of which is reasonably proportionate to the sole concession right. Where applicable, the King defines that the guarantee is paid in cash and in the currency it defines on a state account. »
Art. 10
Article 117ter, which reads as follows, is inserted in the same law:
"Art. 117ter. - Any manipulation or attempted manipulation of an individual authorization procedure shall be punished by imprisonment for 15 days to six months and a fine of 100 Belgian francs to three thousand Belgian francs.
In addition, the competent court shall, in this case, grant the guarantee referred to in Article 117bis. »
Art. 11
Are repealed:
1° Article 8 of the Royal Decree of 7 March 1995 on the establishment and operation of GSM mobile networks, as replaced by Article 7 of the Royal Decree of 24 October 1997.
2° Article 9 of the Royal Decree of 24 October 1997 on the establishment and operation of DCS-1800 mobile networks.
3° Section 3 of the Royal Decree of 27 June 2000 amending the Royal Decree of 22 June 1998 on the conditions for the establishment and operation of public telecommunications networks.
CHAPTER II
National lottery
Art. 12
In article 27, paragraph 1^er, from December 24, 1993, the words "2.5 billion" are replaced by the words "3.5 billion".
Art. 13
In section 16 of the Act of 22 July 1991 on the National Lotterie, the following paragraph is inserted before paragraph 1^er :
"Before the determination of the profit distribution plan referred to in paragraph 2, the King shall fix the amounts awarded annually to the associations and institutions that He designates. »
PART III
Consumer Protection, Public Health and Environment
CHAPTER I^er
Introduction of a premium regime to promote the transformation of vehicles with LPG installation
Art. 14
Within the budgetary appropriations, a premium of 20,500 Belgian francs is awarded and in accordance with the terms fixed by the King, to the owner of a car, a mixed car or a minibus that converts his vehicle so that it can use as a fuel of liquefied petroleum gas or other liquefied gas.
The premium referred to in paragraph 1^er is granted for facilities executed during the period 1^er January 2001 to 31 December 2002.
CHAPTER II
Pharmaceutical inspection
Art. 15
At Royal Decree No. 78 of 10 November 1967 concerning the exercise of the art of healing, nursing art, paramedical professions and medical commissions are made the following amendments:
1° In Article 38bis, inserted by the law of 17December 1973, the words "Article 4, § 3" are replaced by the words "Article 4, §§ 3, 3bis, 3ter, 3quater and 3quinquies".
2° Article 43, § 1^er, paragraph 2, replaced by the law of 17 December 1973, the words "article 4, § 3" are replaced by the words "article 4, §§ 3, 3bis, 3ter, 3quater and 3quinquies".
Art. 16
In article 224 of the law of 12 August 2000 on social, budgetary and various provisions the first sentence of § 1^er is replaced as follows:
« § 1^er. To finance the operations of the administration in the context of medical devices, their accessories and active implantable medical devices, a fee of 0.05% of the turnover made in the Belgian market for medical devices and their accessories referred to in Article 1^er of the Royal Decree of 18 March 1999 on medical devices and active implantable medical devices referred to in Article 1^er of the Royal Decree of 15 July 1997 on active implantable medical devices, is due by the distributors who delivered these devices to the end user or the controller. »
Art. 17
In section 3 of the Act of 25 March 1964 on drugs, as amended by the Act of 20 October 1998, the words "documentation" are inserted between the words "in their informal or deposit" and "installations".
PART IV
Mobility and Transport
Art. 18
In section 5 of the Act of 27 June 1937 revising the Act of 16 November 1919 on the regulation of air navigation, the current text of which forms paragraph 1 is supplemented by a paragraph 2, which reads as follows:
Ҥ2. The King may, in the matters referred to in paragraph 1, take all necessary measures to ensure the fulfilment of obligations arising from international treaties or international acts taken under these treaties.
These measures may amend, supplement, replace or repeal legal provisions.
This paragraph constitutes, from its entry into force, one of the legal basis for the Royal Decree of 9 December 1998 regulating the investigation of accidents and incidents in civil aviation. »
Art. 19
An article 44bis, as follows, is inserted in the same law:
"Art. 44bis. - The King may, under the conditions it determines, authorize the Minister who has air navigation in his or her delegate to issue, withdraw, restrict or suspend the licences of the flight crew members of the aircraft and to impose examinations or tests on them. »
Art. 20
In Article 6, § 2, second sentence, of the Act of 17 March 1997 on the financing of the TGV project, the words "will bring" are replaced by the words "may bring, for sale by the TGV Financial".
PART V
Economic affairs
General socio-economic survey 2001
Art. 21
Section 9 of the Act of 4 July 1962 on Public Statistics, as amended by the Act of 1^er August 1985 is replaced by the following provision:
“Art. 9. § 1^er. In 2001, the King will conduct a general socio-economic survey by the National Institute of Statistics to create or supplement data banks on persons, training and housing.
This information will be held and updated by the National Statistics Institute.
§ 2. In order to conduct the general socio-economic survey, the National Institute of Statistics may, without any other formalities, access the data held by all public administrations and authorities, provided that the request states:
1° the area covered and the specific purposes of the investigation and the information to be provided;
2° natural or legal persons liable for information;
3° the periodicity of possible updates;
4° the service of the National Institute of Statistics in charge of the processing of these data. "
Art. 22
An article 8bis, which reads as follows, is included in the Act of 8 August 1983 establishing a national register of natural persons:
"Art. 8bis. - The formalities referred to in sections 5 to 8 are not applicable to applications filed by the National Statistics Institute under section 9 of the Act of 4 July 1962 on public statistics. »
Art. 23
Section 15 of the Act of January 15, 1990 on the institution and organization of a Social Security Crossroads Bank is supplemented by the following paragraph:
"The formalities referred to in this section are not applicable to applications filed by the National Institute of Statistics under section 9 of the Act of 4 July 1962 on public statistics. »
PART VI
Social Affairs and Finance
Amendments to the Act of 2 August 1971 organizing a linkage regime to the index of prices to the consumption of wages, wages, pensions, allowances and subsidies of the public treasury, certain social benefits, the limits of pay to be taken into account in calculating certain social security contributions of workers, as well as social obligations imposed on independent workers
Art. 24
Article 4, § 1^er of the Act of 2 August 1971 organizing a linkage regime to the index of prices to the consumption of wages, wages, pensions, allowances and subsidies of the public treasury, certain social benefits, the limits of remuneration to be taken into account in calculating certain social security contributions of workers, as well as the obligations imposed in social matters to independent workers, replaced by Royal Decree No. 156 of 30 December 1982, is replaced by the following provision:
“Art. 4. § 1^er. For the purposes of this Act, the arithmetic mean of the indexes of this month and of the previous three months is considered to be a consumer price index of one month.
Each time the Consumer Price Index, calculated in accordance with paragraph 1^er, reaches one of the pevot indices or is reduced to one of them, the expenses, benefits and limits of the remunerations attached to the pevot index 114.20, are calculated again by affecting them from the coefficient 1.02ⁿ, n representing the rank of the index-pivot reached.
For this purpose, each of the Pivots indexes is designated by a follow-up number indicating its rank, number 1 indicating the Pyvot index that follows the 114.20 index.
For calculation of coefficient 1.02ⁿ, fractions of ten millimetres of unit are rounded to ten millimeths higher or neglected, depending on whether or not they reach 50% of a ten-millime. »
Art. 25
Section 6 of the Act is replaced by the following provision:
“Art. 6. - The increase or decrease is applied:
1° for expenditures that are liquidated per year, from the calendar year following the month in which the consumer price index reaches the pevot index which justifies an amendment;
2° for expenditures that are liquidated by quarter and for the limits referred to in section 1^er, 2°, from the calendar quarter that follows the month in which the index reaches the figure that justifies an amendment;
3° in other cases, from the first month following the month in which the index reaches the figure that justifies an amendment.
The King may agree on specific terms of application in cases where beneficiaries receive, anticipateably or during the first half of the month, an indexed amount. »
PART VII
Public Service and Finance
Amendment of the Act of 1^er March 1977 organising a regime for linking the UK Consumer Price Index with certain expenditures in the public sector
Art. 26
Article 6 of the law of 1^er March 1977, organizing a regime for linking the UK Consumer Price Index with certain expenditures in the public sector, are the following changes:
1° the 3° is replaced by the following:
"3° in other cases from the first month following the month in which the index reaches the figure that justifies an amendment, with the exception of salaries and wages, referred to in section 1^er§ 1^er, (a), (1) and allowances, subsidies and allowances referred to in section 1^er§ 1^er, a), 5) and 6), for which the increase or decrease is applied from the second month following the month in which the index reaches the figure that justifies the change. »;
2° the article is supplemented by the following paragraph:
"The King may agree on specific terms of application in cases where recipients receive an indexed amount for the first half of the month. »
PART VIII
Defence
Transfer of staff from the Belgian Institute of Postal Services and Telecommunications to the Ministry of National Defence
Art. 27
The missions and staff of the Belgian Institute of Postal Services and Telecommunications occupied at the Maritime Radio Service are transferred to the Ministry of National Defence on the date and in the manner determined by the King.
Art. 28
The King sets the administrative and financial status of the staff transferred.
PART IX
Employment and Labour
CHAPTER I^er
Benefit plan for hiring
Art. 29
Article 61, § 1^erParagraph 4 of the Act of 21 December 1994 on social and other provisions, as amended by the Acts of 26 July 1996 and 26 March 1999, is repealed.
CHAPTER II
Plan plus one, plus two, plus three
Art. 30
Article 118, § 1^er, 4°, of the programme law of 30 December 1988, as amended by the law of 13 February 1998, is replaced by the following:
"4° an applicant for employment who is permanently registered as an applicant for employment with a regional employment office for the six months, calculated from date to date, prior to the undertaking, and who, at the time of the undertaking, is:
(a) benefits from the minimum means of existence provided by the Act of 7 August 1974 establishing the right to a minimum of means of existence;
(b) benefits from financial social assistance and is:
- be registered in the population register;
- is authorized for unlimited stay;
- is authorized to stay under section 9, paragraph 3, of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens, provided that the extension of the residence permit is subject to the condition of occupation;
- be authorized or allowed, pursuant to sections 9 or 10 of the Act of 15 December 1980 referred to above, to a fixed-term stay provided that the possibility of an indefinite residence permit is expressly provided.
A registration period is equivalent to a regional employment office:
(a) the periods in which job seekers have benefited from the minimum means of existence or financial social assistance referred to in the preceding paragraph;
(b) an occupation pursuant to Article 60, § 7, of the Organic Law of 8 July 1976 of public social welfare centres;
c) an occupation in a program of professional transition pursuant to the Royal Decree of 9 June 1997 pursuant to Article 7, § 1^er, paragraph 3, m, of the Decree-Law of 28 December 1944 concerning the social security of workers relating to occupational transition programmes;
(d) an occupation in a workstation recognized under the Royal Decree of 8 August 1997 of the execution of Article 7, § 1^er, paragraph 3, m, of the Decree-Law of 28 December 1944 concerning the social security of workers concerning the professional reintegration of long-term unemployed persons. "
Art. 31
In article 127bis, paragraph 1^er, from the same law, inserted by the law of 29 December 1990, the words "and 119, (a) and (c)" are replaced by the words "and 119, (a), (c), (e) and (f)".
Art. 32
Article 6, § 1^er, 4°, of the Royal Decree of 14 March 1997 on specific measures to promote employment for small and medium-sized enterprises pursuant to Article 7, § 2, of the Law of 26 July 1996 on the promotion of employment and the prevention of competitiveness, is replaced by the following provision:
"4° an applicant for employment who is permanently registered as an applicant for employment with a regional employment office for the six months, calculated from date to date, prior to the undertaking, and who at the time of the undertaking, is:
(a) benefits from the minimum means of existence provided by the Act of 7 August 1974 establishing the right to a minimum of means of existence;
(b) benefits from financial social assistance and is:
- be registered in the population register;
- is authorized for unlimited stay;
- is authorized to stay under section 9, paragraph 3, of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens, provided that the extension of the residence permit is subject to the condition of occupation;
- be authorized or allowed, pursuant to sections 9 or 10 of the Act of 15 December 1980 referred to above, to a fixed-term stay provided that the possibility of an indefinite residence permit is expressly provided.
A registration period is equivalent to a regional employment office:
(a) the periods in which job seekers have benefited from the minimum means of existence or financial social assistance referred to in the preceding paragraph;
(b) an occupation pursuant to Article 60, § 7, of the Organic Law of 8 July 1976 of public social welfare centres;
c) an occupation in a program of professional transition pursuant to the Royal Decree of 9 June 1997 pursuant to Article 7, § 1^er, paragraph 3, m, of the Decree-Law of 28 December 1944 concerning the social security of workers relating to occupational transition programmes;
(d) an occupation in a workstation recognized under the Royal Decree of 8 August 1997 of the execution of Article 7, § 1^er, paragraph 3, m, of the Decree-Law of 28 December 1944 concerning the social security of workers concerning the professional reintegration of long-term unemployed persons. "
Art. 33
Article 6, § 1^er12°, of the same order, inserted by the law of 13 February 1998, is repealed.
Art. 34
In Article 11, paragraph 1^er, of the same order, the words “article 6, § 1^er, 1°, 2°, 3°, 6°, 8° and 10° are replaced by the words "article 6, § 1^er, 1°, 2°, 3°, 6°, 8°, 10°, 14° and 15°".
Art. 35
In article 13 of the same order, amended by the law of 13 February 1998, the words "and will cease to be in force on 1^er January 2001 » are deleted.
CHAPTER III
Interdepartmental budget fund
Art. 36
Article 2 of Royal Decree No. 25 of 24 March 1982 creating a programme for the promotion of employment in the non-marchand sector, as amended by the law of 1^er August 1985, is supplemented by § 6, as follows:
“§ 6. By derogation from §§ 1^er and 3, the King may determine by order deliberately in the Council of Ministers which other categories of job seekers may occupy the jobs referred to in Chapter II, Section 5, of this Order. »
CHAPTER IV
Local employment agencies
Art. 37
With the National Employment Office, an amount of 500 million Belgian francs, taken from the reserves of the Local Employment Agency regime, is allocated for the year 1999 as income specific to the financing of unemployment expenses.
Art. 38
Article 8, § 3, paragraph 1^er, of the Decree-Law of 28 December 1944 concerning the social security of workers, inserted by the law of 30 March 1994 and replaced by the law of 13 February 1998, is replaced by the following provision:
"The activities carried out within the local employment agency can only be accomplished by:
1° of long-term compensated complete unemployed persons;
2° of the total unemployed who are registered as job seekers with a regional employment office and who:
(a) benefit from the minimum means of existence provided for by the law of 7 August 1974 establishing the right to a minimum of means of existence;
(b) receive financial social assistance and are:
- be registered in the population register;
- be allowed for unlimited stay;
- be allowed to stay under section 9, paragraph 3, of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens, provided that the extension of the residence permit is subject to the condition of occupation;
- be authorized or allowed, pursuant to sections 9 or 10 of the above-mentioned Act of 15 December 1980, to a fixed-term stay provided that the possibility of an indefinite residence permit is expressly provided. "
CHAPTER V
Amendment of the Act of 24 December 1999
for the promotion of employment
Art. 39
In section 27 of the Act of 24 December 1999 for the promotion of employment, the following paragraph is inserted between paragraphs 2 and 3:
"By derogation from paragraph 1^er, 2° and 3°, the periods referred to therein may be less than twelve months when the duration of training, learning, internship or insertion is less than twelve months. In this case, the first employment agreement referred to in paragraph 1^er, 2° or 3°, is followed by a first employment agreement referred to in paragraph 1^er, 1°, so that a period of twelve months is reached. The period referred to in paragraph 1^er, 1°, is then less than twelve months. "
Art. 40
Section 32 of the Act is replaced by the following provision:
“Art. 32. - The first employment agreement must be found in writing for each individual new worker, at the latest at the time of the commencement of the agreement.
A copy of the First Employment Agreement shall be communicated by the public or private employer within thirty days of the commencement of the agreement, to the officer designated by the King.
The King may, under the conditions and terms and conditions it determines, provide that the communication of the copy of the first-aid agreement provided for in paragraph 2 is replaced by another mode of transmission.
The King sets the model of a first-aid convention.
Only are taken into consideration in respect of the obligation referred to in Article 39, §§ 1^er and 2, and of what is provided for in Article 39, § 3, as well as for the benefit of the reductions of employers' social security contributions referred to in Article 44, the first employment agreements:
1° found in writing in accordance with paragraph 1^er and in accordance with the model referred to in paragraph 4;
2° that were the subject of a communication pursuant to paragraph 2 or paragraph 3.
They shall be taken into account at the beginning of their execution when a copy has been communicated within the time limit referred to in paragraph 2. They shall be taken into consideration only on the date of their receipt by the official designated by the King when a copy has been communicated outside the time limit. »
Art. 41
In section 38 of the Act, the words "less qualified" are inserted between the words "new workers" and the words "in the ties of a first employment agreement".
Art. 42
Section 39 of the Act is replaced by the following provision:
“Art. 39. § 1^er. Public employers who have a workforce, expressed in units, of at least fifty workers on June 30 of the previous year, must occupy an additional number of new workers compared to their staff, calculated in full-time equivalent, in the second quarter of the previous year. The King determines this number by a deliberate decree in the Council of Ministers.
§ 2. Private employers who have a workforce, expressed in units, of at least fifty workers on June 30 of the previous year, must occupy new workers up to 3% of their staff, calculated in full-time equivalent, in the second quarter of the previous year.
§ 3. In addition to these individual obligations, it is assigned to private employers, all together and regardless of the number of workers they occupy individually, to hire new workers up to one percent of the overall workforce, calculated in full-time equivalent, in the second quarter of the previous year, of those of them who have a workforce, expressed in units, of at least fifty workers on the 30 June of the previous year.
§ 4. The new workers are not considered for the calculation of the number referred to in §§ 1^er, 2 and 3.
The King defines what to hear by force and determines the method of calculating the new workers referred to in §§ 1^er, 2 and 3.
§ 5. The occupation of new workers referred to in § 1^er, 2 and 3, constitutes an additional work and cannot be compensated by the termination of staff.
For the purposes of this chapter, the King defines what to be heard by compensation for the recruitment of new workers by dismissal of staff and determines the method of calculating this compensation. »
Art. 43
The following amendments are made to section 44 of the Act:
1° in §§ 1^er2 and 3, the words "as at June 30" are replaced by the words "calculated in full-time equivalent in the second quarter";
2° in § 4, the following paragraph shall be inserted before paragraph 1^er :
“§4. The benefit of the reduction of employers' social security contributions referred to in §§ 1^er, 2 and 3, is also granted, under the same conditions, in the case of occupation of less qualified young persons engaged, in addition, under the first employment agreement defined in article 27, 2°. »;
3° in § 5, paragraph 2 is replaced by the following paragraph:
"By derogation from Article 35, § 3, of the Law of 29 June 1981 referred to above, the benefit of the reductions of the employers' social security contributions referred to in §§ 1^er, 2, 3 and 4, cannot exceed the overall amount of contributions that remain due to the organizations responsible for the collection and recovery of these contributions for all workers occupied by the employer concerned. »;
4° it is added a § 6, as follows:
“§ 6. The new workers are not considered for the calculation of the number referred to in §§ 1^er, 2 and 3. »
Art. 44
Article 45 of the Act is supplemented by § 4, which reads as follows:
“§4. In the case referred to in section 27, paragraph 3, the new worker shall be entitled to a new first-aid agreement referred to in section 27, 1°, so that his employer shall hold him for a period of twelve months. »
Art. 45
In Article 47, § 1^erParagraph 1^erin the same law, the words "as of June 30" are replaced by the words "calculated in full-time equivalent in the second quarter."
Art. 46
Section 54 of the Act is replaced by the following provision:
“Art. 54. § 1^er. Internships in progress on the date of entry into force of this chapter and their possible extension shall be subject to the provisions of Royal Decree No. 230 of 21 December 1983 concerning the internship and professional insertion of young people and its enforcement orders.
Trainees, youth and persons who are assimilated, who are occupied in accordance with Royal Decree No. 230 of 21 December 1983 referred to in the date of entry into force of this chapter, shall be taken into account, proportionally to their occupation time, for the fulfilment of the obligations referred to in Article 39, §§ 1^er, 2 and 3, and for compliance with the condition of occupation referred to in Article 44.
Trainees, youth and persons who are assimilated, who are occupied in accordance with Royal Decree No. 230 of 21 December 1983 referred to in the second quarter of 1999 are not taken into account in calculating the number of personnel referred to in Article 39, §§ 1^er, 2 and 3, and 44
§ 2. The provisions of the above-mentioned Royal Decree No. 230 of 21 December 1983 and its Implementing Orders shall remain subject until their expiry, to the exemptions that are in progress on the date of entry into force of this chapter and which have been granted in accordance with:
1° to Article 9 of the same Royal Decree No. 230 of 21 December 1983;
2° to section 2 of the Royal Decree of 29 March 1990 determining the conditions for certain local administrations to grant a dispensation, total or partial, to the obligation to hire trainees as well as the conditions for reducing the percentage of trainees.
Employers who benefit from the exemptions referred to in paragraph 1^er are exempted from compliance with the obligations referred to in Article 39, §§ 1^er, 2 and 3, until the expiry of these exemptions.
§ 3. The exemptions granted pursuant to Article 10 of the aforementioned Royal Decree No. 230 of 21 December 1983, which are in progress on the date of entry into force of this chapter, shall remain subject until their expiry to the provisions of this Royal Decree and its enforcement orders.
Employers who benefit from the exemptions referred to in paragraph 1^er are exempted from compliance with the obligations referred to in Article 39, §§ 1^er, 2 and 3, until the expiry of these exemptions.
Contracts between the Minister with employment in his or her powers and the companies pursuant to section 10 of the above-mentioned Royal Decree No. 230 of 21 December 1983, which are in progress on the date of entry into force of this chapter, shall remain in effect until their expiry.
However, where the contracts referred to in paragraph 3 provide for the engagement of trainees from or after the date of entry into force of this chapter, only young persons defined in section 23 may be engaged in the links of a first-time agreement.
Persons who, in the second quarter of the year prior to the year in which the contracts referred to in paragraph 3 are terminated, are engaged in the execution of these contracts, are not considered for the calculation of the personnel referred to in section 39, §§ 1^er, 2 and 3, and 44
§ 4. The exemptions granted pursuant to Article 10bis of Royal Decree No. 230 of 21 December 1983, which are currently under way on the date of entry into force of this chapter, shall remain subject until their expiry to the provisions of this Royal Decree and its enforcement orders.
Employers who benefit from the exemptions referred to in paragraph 1^er are exempt from compliance with the obligations referred to in Article 39, §§ 1^er, 2 and 3, until the expiry of these exemptions.
Persons who, in the second quarter of 1999, and those who, in the second quarter of 2000, benefit from the employment or training measures that gave rise to the granting of the exemption referred to in Article 10bis of Royal Decree No. 230 of 21 December 1983 referred to above, are not considered for the calculation of the personnel referred to in Article 39, §§ 1^er, 2 and 3, and 44
§ 5. The reduction of employers' social security contributions referred to in Article 13 of the aforementioned Royal Decree No. 230 of 21 December 1983, the period of which is in progress at the date of entry into force of this chapter, remains subject until the expiry of this period to the provisions of this Royal Decree and the Royal Decree of 29 March 1985 carrying out Article 13, § 1^er, 2°, of Royal Decree No. 230 of 21 December 1983 concerning the internship and the vocational insertion of young people. "
CHAPTER VI
Amendment to the table annexed to the Organic Law
of 27 December 1990
Art. 47
In section 23 - 3 "Employment Fund" of the table annexed to the Organic Law of 27 December 1990 creating budgetary funds, as amended by the Act of 15 January 1999, the following amendments are made:
1° to the second column, the words ", by employers who do not meet the provisions of Article 4 or 7 of Royal Decree No. 230 of 21 December 1983 concerning the internship and professional integration of young people and by employers who do not meet the provisions of Article 39 of the Law of 24 December 1999 for the promotion of employment" are inserted between the words "European Funds" and the words "European Fund"
2° to the third column, the two paragraphs are replaced by the following paragraph: "Refund of employment promotion actions, employment creation actions for young people, promotion and supervision of the apprenticeship of occupations carried out by employed workers, compensation for the reduction of social security contributions in the unemployment sector, and reimbursement of the indu to the European Union Commission. »
CHAPTER VII
Amendment of the Act of 26 March 1999 on the Belgian Employment Action Plan 1998 and with various provisions
Art. 48
Article 122, § 2, of the Act of 26 March 1999 on the Belgian Plan of Action for Employment 1998 and with various provisions, is supplemented as follows:
"From 1^er January 2000 and until 31 December 2000, the insertion agreement referred to in Title I of the Agreement of Cooperation of 30 March 2000 between the State, the communities and the regions concerning the insertion of job seekers to the first-time agreement is considered to be an individual support plan referred to in § 1^er. »
PART X
Social Affairs and Pensions
CHAPTER I^er
Health care and allowances
Section I^re
Amendments to the Compulsory Health Care Insurance Act
and coordinated compensation on 14 July 1994
Art. 49
Article 34, paragraph 1^er, 5°, (c), 2), of the Compulsory Health Care Insurance Act and Coordinated Benefits on 14 July 1994, as amended by the Act of 20 December 1995, is replaced by the following provision:
"(2) drugs registered in accordance with Article 2, 8°, (a), second and third dash, of the Royal Decree of 3 July 1969 on the registration of drugs; "
Art. 50
An article 35bis, as follows, is inserted in the same law:
"Art. 35bis. - From 1^er April 2001 and thereafter every 6 months is set up a new reimbursement base for pharmaceutical specialties referred to in article 34, paragraph 1^er, 5°, c), 1, provided that other pharmaceutical specialties containing the same active principle are refunded, having the same form of administration and the same dosage whose reimbursement base is or was, at the time of admission, less than 16%, taking into account the number of pharmaceutical units per packaging.
The new reimbursement base referred to in paragraph 1^er is calculated on the basis of an ex-factory theoretical price equal to the current ex-factory price reduced by 26.7 per cent and then increased margins for distribution and delivery as granted by the Minister who has the Economic Affairs in his duties and that they are applied to the pharmaceutical specialties issued in open-ended informals to the public on the one hand and for those issued in a hospital pharmacy on the other, as well as to the current rate.
For this purpose, the Minister amends, 1^er April 2001 and thereafter every 6 months, the list attached to the Royal Decree setting out the conditions under which an intervention is granted for health benefits referred to in section 34, paragraph 1^er, 5°, (b) and (c), without taking into account the procedural requirements referred to in Article 35, § 3.
The King may amend the percentage referred to in paragraph 1^er and 2 in the circumstances and conditions and according to the rules laid down by Him. »
Art. 51
In section 51 of the Act, amended by the Act of 20 December 1995, the Royal Decree of 25 April 1997, the Acts of 25 January 1999, 24 December 1999 and 12 August 2000, are amended as follows:
1° § 4 is supplemented by the following paragraph:
"It may in these provisions distinguish between the two groups of expenditure referred to in Article 51, § 8. »
2° It is inserted a § 8, which reads as follows:
“§ 8. The procedures and correction mechanisms set out in this Article shall apply separately to expenses relating to the overall annual budgetary objective resulting from the application of Article 40, § 1^er, paragraph 3, on the one hand, and to the exceptional and special expenses that are fixed by the King under the same paragraph of section 40, on the other hand, to the extent that the two groups of expenses may be distinguished. The General Council determines after the opinion of the Budgetary Control Board what expenses are or are not discernable. »
Art. 52
In section 59, paragraph 3, of the Act, as amended by the Act of 12 August 2000, the words: "It is not enforced by the provisions of sections 61 and 62" are replaced by the words: "Z and X values referred to in section 61 are set at 0".
Art. 53
Section 62bis of the Act, inserted by the Act of 24 December 1999, is replaced by the following provision:
"Art. 62bis. - For the 1996 and 1998 fiscal year, values Z and X are set at 0. »
Art. 54
In section 69, § 5, of the same Act, as amended by the Act of 24 December 1999, the following amendments are made:
1° in paragraph 3, 1°, the words "that the exceedance of these partial budgets may be recovered" are replaced by the words "that the overrun of the overall budget or partial budgets may be recovered";
2° § 5 is supplemented by the following paragraphs:
"In order to fix the amount to be recovered, the exceedance referred to in the preceding paragraph is reduced, before recovery, by 25% of the possible underutilization of the overall annual budgetary objective provided for in section 40. The recovery then covers the resulting net amount.
The King may, when fixing the amount of overtaking on the basis of which recovery takes place, determine which expenses may not be taken into consideration. »
Art. 55
In section 191, paragraph 1^erthe following amendments are made:
§ 1^er. In the 15th, as amended by the Act of 20 December 1995, 22 February 1998, 25 January 1999 and 24 December 1999, the following amendments are made:
1° paragraph 3 is replaced by the following paragraph:
"For the years 1995, 1996, 1998, 1999, 2000 and 2001, the amount of this contribution is 2%, 3%, 4%, 4%, 4% and 4% of the turnover that was made in 1994, 1995, 1997, 1998, 1999 and 2000. »;
2° in paragraph 5, the last sentence is replaced by the following provision:
"For the years 1995, 1996, 1998, 1999, 2000 and 2001, they shall be introduced respectively before 1^er February 1996, 1^er November 1996, 1^er March 1999, 1^er April 1999, 1^er May 2000 and 1^er May 2001. »;
Paragraph 6 is replaced by the following provision:
"For the years 1995, 1996, 1998, 1999, 2000 and 2001, the contribution must be paid respectively before 1^er March 1996, 1^er December 1996, 1^er April 1999, 1^er May 1999, 1^er June 2000 and 1^er June 2001 on account No. 001-1950023-11 of the National Institute of Disability Health Insurance, indicating the following year: " turnover contribution 1994", " turnover contribution 1995", " turnover contribution 1997", " turnover contribution 1998", " turnover contribution 1999" or " turnover contribution 2000". »;
4° the last paragraph is replaced by the following provision:
"The revenues resulting from the above-mentioned contribution are charged in the accounts of the mandatory health care insurance, respectively, for the year 1995 for the turnover contribution, 1994, 1996 for the turnover contribution, 1995, 1998 for the turnover contribution, 1997, 2000 for the 1999 and 2001 turnover contribution, 2000. »
§ 2. A 16°bis is inserted, as follows:
"16°bis the product of recovery referred to in Article 69, § 5. The King sets out the rules for determining the portion of these resources for the financing of health care insurance and the self-employed regime. »
Section II
Amendment of the programme law of 24 December 1993
Art. 56
In Article 43, § 1^er, 1°, of the program law of 24 December 1993, as amended by the law of 29 April 1996, the proposal "the personal interventions relating to pharmaceutical products referred to in article 34, 5°, of the law relating to compulsory health care and compensation, coordinated on 14 July 1994" is supplemented by the following words:
"except those designated by the King."
CHAPTER II
Implementation of social agreements
Art. 57
This chapter provides a regulation for the management of the financial impact of social agreements relating to the health care sector, which are concluded by the federal government with the relevant representative organizations of employers and employees.
Art. 58
The management of the financial impact referred to in section 57 is only possible if the principles of the social agreement mentioned are converted to collective labour agreements or protocols entered into within the relevant bargaining committees provided for in the Act of 19 December 1974 regulating the relationship between the authority and trade union organizations representing its workers.
Art. 59
The King determines, by a deliberate order in the Council of Ministers, measures whose financial impact is taken over by the authority and terms to determine the financial impact, the amount and the payment of the financial intervention.
To this effect the King may:
1° designate the data on which the intervention is determined;
2° designate public services to collect and process these data;
3° determine how the intervention must be calculated;
4° fix the period to which this intervention applies;
5° to determine the natural or legal person to which the intervention must be paid and the times to which the payment must take place;
6° determine the recipient of the intervention;
7° designate the public authorities responsible for the calculation and payment of this intervention, and for the control of its use;
8° designate the portion of the financial impact of the interventions that will be covered by the state budget or the portion of the budget of compulsory health care insurance and allowances.
CHAPTER III
Hospitals
Art. 60
In article 128bis of the Hospitals Act coordinated on August 7, 1987, inserted by the law of February 22, 1998, the words "and conditions" are inserted between the words "according to the rules" and the words "determined by Him".
Art. 61
The amounts awarded, for the period between 1992 and 2000, to hospitals through the financial resources budget, pursuant to section 12quinquies of the ministerial order of 2 August 1986 setting for hospitals and hospital services, the conditions and rules for fixing the day price, the budget and its constituent elements, as well as the rules for comparing the cost and setting of the quota of the hospitalised days, agreements,
CHAPTER IV
Crossroads Bank
Art. 62
Article 46, paragraph 1^erthe following amendments are made to the Act of 15 January 1990 on the institution and organization of a Social Security Bank, as amended by the Act of 6 August 1993:
(a) the 6th is replaced by the following provision: "6° authorize any communication of personal social data in accordance with Article 15";
(b) it is inserted 6°bis, written as follows: "6°bis keep up to date a statement that contains, on the one hand, for each automated processing of personal data carried out by a social security institution for the purpose of applying social security, at least the data referred to in Article 17, § 3, of the law of 8 December 1992 relating to the protection of private life in respect of the personal data treatments communicated to the King shall determine the terms and conditions under which any interested person may consult this list with the Bank-Court; "
CHAPTER V
Public social security institutions
Art. 63
In Article 21, § 2, of the Royal Decree of 3 April 1997 on measures for the accountability of public social security institutions, pursuant to Article 47 of the Act of 26 July 1996 on social security modernization and ensuring the viability of legal pension schemes, as amended by the Act of 12 August 2000 on social, budgetary and other provisions, paragraph 3 is deleted.
CHAPTER VI
Amendment of the Decree-Law of 10 January 1945
concerning the social security of minor and assimilated workers
Art. 64
In Article 2 of the Decree-Law of 10 January 1945 concerning the social security of minor and assimilated workers, last amended by the law of 22 February 1998, a § 3quinquies is inserted as follows:
Ҥ3quinquies. The employers to which this Decree-Law applies shall, under the conditions set out below, be liable for an annual contribution calculated on the basis of a part of the days of unemployment which they declared for their minor workers and assimilated under Article 51 of the Act of 3 July 1978 on employment contracts.
The product of this contribution is intended for the annual holiday plan of manual workers.
The National Social Security Office (ONSS) is responsible for the calculation, collection and recovery of this contribution and for the transfer of its product to the National Annual Holiday Office.
This contribution is considered to be a social security contribution, particularly with respect to declarations with justification of contributions, payment deadlines, application of civil sanctions and criminal sanctions, supervision, designation of the competent judge in the event of a dispute, limitation of legal action, privilege and disclosure of the amount of the debt declaration of the institution charged with the collection and collection of contributions.
Under this measure:
1° m = the total number of days of unemployment under section 51 of the Act of July 3, 1978 relating to employment contracts declared by the employer for all minor and assimilated workers, subject to the laws relating to the annual holidays of workers coordinated on June 28, 1971, which he held during the first three trimesters of the previous calendar year and the fourth trimester of the year preceding the sum of 10 These 10% are rounded arithmeticly to the nearest unit, 0.5 being rounded up. If the result of the m calculation gives a negative number, m is supposed to be zero.
2° n = the total number of days of unemployment under section 51 of the Act of July 3, 1978 referred to above by the employer for all minor and assimilated workers, subject to the laws relating to the annual holidays of the employees coordinated on June 28, 1971, which he held in the first three quarters of the previous calendar year and the fourth quarter of the year preceding that year, diminished by 20% of the sum of the These 20% are rounded arithmeticly to the nearest unit, 0.5 being rounded up. If the result of the n calculation gives a negative number, n is expected to be zero.
3° b = the lump sum of the contribution per day of unemployment being part of m or n.
For the years 2000 and 2001, b is 60 Belgian francs a day.
The annual contribution, due by the employer due to unemployment resulting from economic causes, is equal to (m + n) times b.
During the second quarter of each year, the SONS calculates the amount of the contribution due by each employer referred to in Article 2, § 6 of the above-mentioned Decree-Law of 10 January 1945, provided that all statements were received. In case of late receipt of one or more statements, the calculation is done after the receipt of the last.
The amount due is communicated to the employer at the beginning of the third quarter, except in the case of a late calculation where the amount is communicated to the employer after the calculation.
For the year 2000, the employer must pay the amount due in the month of the communication of that amount. For the year 2001, the employer must pay the amount due in the same time as the social security premiums for the second quarter.
Changes to the declaration cannot diminish the amount owing.
The above provisions have effect in the years 2000 and 2001. The King may extend the measure referred to in paragraph 1 by order deliberated in the Council of Ministers and determine the amount of b for additional years of application. They are for the first time applicable to contributions due in the year 2000. "
CHAPTER VII
Alternative financing
Art. 65
The federal state is empowered to reclaim debts in social security schemes for wage workers and self-employed workers up to:
1° 34 048.2 million Belgian francs for the workers ' diet;
2° 23 500 million Belgian francs for the regime of independent workers.
The amount referred to in paragraph 1^er, 1°, includes refund at 1^er March 2001 of 2,500 million Belgian francs to the National Annual Holiday Office.
The King sets out, by deliberate decree in the Council of Ministers, the list of borrowings that will be taken over by the federal state.
Art. 66
§ 1^er. From 1^er January 2001, 23.514 per cent of the value-added tax proceeds are levied from this tax and allocated to social security.
The amount determined in accordance with paragraph 1^er may not be less than the amount of 178,231.8 million Belgian francs and is adjusted annually to the fluctuation rate of the average consumer price index.
On the proposal of the Social Security Management Committee, the King may increase the amount obtained in paragraph 1^er or 2 of the cost of reducing personal or employer contributions.
The King may adapt the amount of alternative funding to make reservations for future social security expenditures.
§ 2. After deduction of:
1° an amount of 1,376.3 million Belgian francs per year in favour of the National Social Security Office of provincial and local governments for the purpose of financing initiatives other than police initiatives referred to in Article 1^er§ 2quater of the law of 1^er August 1985 on social provisions;
2° an amount fixed by royal decree deliberated in the Council of Ministers, for the financing of the administrative supervision of local employment agencies referred to in Article 8 of the Decree-Law of 28 December 1944 concerning the social security of workers;
3° the amount fixed in accordance with § 1^er, paragraph 3, intended for ONS-Gestion gobal, referred to in section 5, paragraph 1^er2°, of the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers;
the balance of the amount obtained in § 1^er is assigned as follows:
1° at 95.77 % at the ONS-Gestion overall;
2° at 4.23 % in the Fund for the Financial Balance of the Social Status of Independent Workers, referred to in article 21bis of Royal Decree No. 38 of 27 July 1967 organizing the social status of independent workers.
§ 3. The amounts fixed according to the method determined in § 1^er and distributed according to the distribution key provided in § 2, are reduced by:
1° 34,048.2 million Belgian francs for the year 2001 with respect to the overall ONS-Gestion;
2° 2,700 million Belgian francs for the years 2001 to 2008 included and 1,900 million Belgian francs for the year 2009 with regard to the Fund for the Financial Balance of the Social Status of Independent Workers.
§ 4. The percentage set at § 1^er is applied to the monthly value added tax product. The amounts referred to in § 2, as amended in § 3, are calculated and paid by monthly instalments.
Art. 67
Sections 89 and 90 of the Act of 21 December 1994 on social and other provisions are repealed.
CHAPTER VIII
Pensions
Art. 68
In section 68, paragraph 5 (a), of the Act of 30 March 1994 on social provisions, as amended by the Act of 21 December 1994, as it read before its replacement by section 1^er of the Royal Decree of 16 December 1996 and as amended by the Act of 12 August 2000, the following amendments are made:
1° a new 2) is inserted, as follows:
"(2) the married beneficiary cohabiting with his spouse for which the amount of pension has been reduced, either pursuant to Article 10, § 4, of Royal Decree No. 50 of 24 October 1967 relating to the retirement and survival pension of employed workers, or pursuant to Article 3, § 8, of the Act of 20 July 1990 establishing a flexible retirement age for employed workers and adapting the pensions of employed workers to the pension
2° the 2) becomes the 3).
PART XI
Social integration
CHAPTER I^er
Amendment of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens
Art. 69
In section 77bis of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens, inserted by the Act of 13 April 1995, the following amendments are made:
1° it is inserted a § 1^erbis, as follows:
« § 1^erbis. It is punishable by imprisonment from one year to five years and a fine of five hundred Belgian francs to twenty-five thousand Belgian francs, anyone who abuses, either directly or through an intermediary, the particularly vulnerable position of a foreigner because of his illegal or precarious administrative situation, selling, leasing or making available rooms or any other local in the intention of making an abnormal profit. »;
2° to § 2, the words "The offence referred to in § 1^er will be punished" are replaced by the words "The offences referred to in §§ 1^er and 1^erbis will be punished" and the word "it" is replaced by the words "the activity concerned";
3° to § 3, the words "The offence referred to in § 2 shall be punished" are replaced by the words "The offences referred to in § 2 shall be punished".
CHAPTER II
Amendment of the Organic Law of 8 July 1976
relating to public social assistance centres
Art. 70
In section 57ter, paragraph 3, of the Act of 8 July 1976 of the State Social Welfare Centres, inserted by the Act of 24 December 1999, the following amendments are made:
1° in the first sentence the words "public authorities and associations" are replaced by the words "public authorities, legal persons and associations";
2° in the first sentence, the words "social assistance" are replaced by the words "reception";
3° in the first sentence, the words ", under public control and on the basis of a notebook of the charges subject to the royal decree deliberated in the Council of Ministers" are added in fine;
4° in the second sentence the words "public authorities and associations" are replaced by the words "public authorities, legal persons and associations".
Art. 71
In the same Act, a new section 57ter 1 is inserted, as follows:
“Art. 57ter 1. § 1^er. A foreigner who has declared himself a refugee and has asked to be recognized as such, is designated as a compulsory place of registration, pursuant to Article 54 of the Act of 15 December 1980 on access to the territory, residence, establishment and removal of aliens, a centre that the State, another authority or one or more public authorities organize or a place or assistance is provided at the request of the State and at its expense:
1° as long as the Minister of the Interior or his delegate, or the Commissioner-General for Refugees and Stateless Persons or one of his or her deputys have not decided that a review on the merits of the asylum application is necessary;
2° if the foreigner has challenged before the Council of State the decision of the Commissioner-General for Refugees and Stateless Persons or of one of his deputy, taken pursuant to article 63/3 of the aforementioned law.
In special circumstances the Minister or his or her delegate may waive the provisions of the preceding paragraph.
The designation referred to in paragraph 1^er produces its effects as long as the appeal is before the Council of State.
§ 2. The provisions of § 1^er apply:
1° foreigner who declared himself a refugee after the date on which the programme law of 2 January 2001 was published in the Belgian Monitor and who asked to be recognized as such;
2° to the foreigner who, after the date referred to in 1°, challenged before the Council of State the decision of the Commissioner-General for Refugees and Stateless Persons or one of his deputy, taken under article 63/3. »
Art. 72
In Article 57quater, § 1^er, of the same law, inserted by the law of 25 January 1999, the words "or in the register of foreigners with an unlimited period of residence permit" are inserted between the words "registered in the register of the population" and "and which because of its nationality".
CHAPTER III
Amendment of the Act of 2 April 1965 on the Care of Relief Granted
public social assistance centres
Art. 73
In Article 5, § 4, paragraph 5, of the Act of 2 April 1965 on the care of relief granted by public social welfare centres, inserted by the law of 25 January 1997 and amended by the Royal Decree of 25 January 1999, the words "paragraphs three and four" are replaced by the words "paragraphs 2, 3 and 4".
CHAPTER IV
Right of requisition
Art. 74
The Minister with the Social Integration in his or her powers, or his or her delegate, may requisition any abandoned building, in order to make it available for the reception of refugees. The right to requisition can only be exercised with just compensation.
The King defines, by a deliberate decree in the Council of Ministers, the limits, conditions and modalities in which the right of requisition can be exercised and the method of calculating compensation. It also sets out the procedure, duration of occupancy and the manner of warning of the owner.
PART XII
Finance
Art. 75
The National Bank of Belgium is responsible for taking charge of certain costs related to the transaction to the fiduciary euro, namely:
- transport costs related to pre-food, up to a maximum of 250 million Belgian francs;
- the costs of transport, sorting and counting related to the dismantling of Belgian franc coins for a total amount of 600 million Belgian francs.
The management of these costs represents a public interest mission referred to in Article 21 of the Royal Decree of 10 January 1999 approving the amendment of the statutes of the National Bank of Belgium.
Art. 76
The financing of the costs of security measures taken during the transition to the fiduciary euro, namely the escorts by the forces of the order of the transports of funds and the monitoring of the places of storage of them, will be done through the Fund for benefits against payment of the budget of the Federal Police. The Fund will be funded on this point by the Treasury thanks to the contribution of advances on Treasury assets on the Bank that will result from the non-return of Belgian franc tickets withdrawn from traffic. A convention between the National Bank and the Treasury will clarify the terms and conditions of this transaction.
PART XIII
International cooperation
Amendment of the Act of 25 May 1999
on Belgian international cooperation
Art. 77
Article 2, 6° of the Act of 25 May 1999 on Belgian international cooperation is replaced by the following provision:
"6° "indirect bilateral cooperation": cooperation, financed or co-financed by the Belgian State, in which a third party, which is not a foreign state or an international organization, responds to the execution of programmes or projects, based on a regulatory system of subsidies or a convention. »
Art. 78
In Article 7 of the Act, the word "mainly" is inserted between the words "direct bilateral cooperation" and "on".
Art. 79
Section 10 of the Act is supplemented by a paragraph, which reads as follows:
"For federations of non-governmental organizations, the criteria are set by the King. »
Art. 80
In Article 11 of the Act, the introductory sentence is replaced as follows:
"Belgium international cooperation concentrates indirect bilateral cooperation on societies, groups, associations or institutions of public law, including communities, regions, provinces and municipalities, or private law other than the organizations referred to in Article 10, selected in accordance with a procedure and modalities established by the King, as "indirect bilateral cooperation partners", which meet at least the following criteria:".
PART XIV
Agriculture
Art. 81
Section 10 of the Act of 3 December 1999 on measures to assist agricultural enterprises affected by the dioxin crisis is supplemented by the following provision:
"6° the amounts that are claimed by the Belgian State pursuant to the provisions made pursuant to this Act. "
PART XV
Entry into force
Art. 82
This law comes into force on the day of its publication in the Belgian Monitor, with the exception of:
- articles 29 and 35 that produce their effects on 1^er December 2000;
Articles 31 and 34 that produce their effects on 10 September 2000;
Articles 41, 42, 43, 45 and 46 that produce their effects on 1^er April 2000;
- title X, chapter II, effective 1^er January 2001;
- Article 67 which comes into force on 1^er January 2001;
- Article 68 which produces its effects of 1^er January 1995 to 31 December 1996.
Promulgation of this law, let us order that it be clothed with the seal to the State and published by the Belgian Monitor.
Given at Châteauneuf-de-Grasse, January 2, 2001.
ALBERT
By the King:
The Prime Minister,
G. VERHOFSTADT
Deputy Prime Minister and Minister of Employment,
Ms. L. ONKELINX
Deputy Prime Minister and Minister for Foreign Affairs,
L. MICHEL
Deputy Prime Minister and Minister of Budget, Social Integration and Social Economy,
J. VANDE LANOTTE
Deputy Prime Minister and Minister of Mobility and Transport,
Ms. I. DURANT
Minister of Consumer Protection, Public Health and the Environment,
Ms. M. AELVOET
Minister of Social Affairs and Pensions,
F. VANDENBROUCKE
Minister of Public Service and Administration Modernization,
L. VAN DEN BOSSCHE
Minister of Defence,
A. FLAHAUT
Minister of Agriculture and Middle Class,
J. GABRIELS
Minister of Finance,
D. REYNDERS
Minister of Telecommunications and Enterprises and Public Participation,
R. DAEMS
Minister of Economy,
Ch. PICQUE
Seal of the state seal,
Minister of Justice,
Mr. VERWILGHEN
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(1) Documents of the House of Representatives:
50-950 - 2000/2001:
Number 1: Bill.
N^bones 2-5: Amendments.
Number 6: Report.
No. 7: Amendments.
N^bones 8 and 9: Reports.
No. 10: Amendments.
N^bones 11-13: Reports.
No. 14: Text adopted by the commissions.
Number 15: Report.
N^bones 16 and 17: Amendments.
N° 18: Text adopted in plenary and transmitted to the Senate.
No. 19: Legal texts amended by the bill.
Annales de la Chambre : 12 et 13 décembre 2000.
Documents of the Senate:
2-600 - 2000/2001:
No. 1: Project transmitted by the House of Representatives.
No. 2: Amendments.
N^bones 3-6: Reports.
No. 7: Text corrected by the commissions.
N^bones 8-12: Amendments.
No. 13: Decision not to amend.
Annales of the Senate: December 20 and 21, 2000. ".