belgiquelex.be - Carrefour Bank of Legislation

12 AOUT 2000. - Law on social, budgetary and other provisions

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
PART I^er. - General provision
Article 1^er
This Act regulates a matter referred to in Article 78 of the Constitution.
PART II. - Pensions
CHAPTER 1^er. - Public sector pension measures
Section I^re. - Provision of pension supplements
Art. 2
This section applies:
1° to dependant pension of the Public Treasury;
2° to pension benefits granted to statutory staff:
(a) the provinces, local administrations to which the provisions of the new communal pension law apply;
(b) the bodies to which Royal Decree No. 117 of 27 February 1935 establishes the status of pensions of the staff of autonomous public institutions and of the government's governing bodies;
(c) organizations to which the Act of 28 April 1958 provides for the pension of staff of certain public bodies and their beneficiaries;
(d) autonomous public enterprises not referred to above.
Sub-section 1^re. - Complement for binding function
Art. 3
The nominal pension rate referred to in section 2 is increased by a pension supplement if the agent meets the following conditions:
(a) at the time of retirement, its career includes at least 35 years of service that may be taken into account in calculating the various pensions to which it may claim;
(b) from the first day of the month following its 49th anniversary, it has assumed in a binding function of the services whose actual duration taken into account for the ca. . . . . . . . . . .
To detect if the 35 years referred to in paragraph 1^er, a), are affected, all services and all eligible periods for the calculation of the agent's various pension plans, as a result of his or her own professional activity, are taken into account regardless of the Belgian, foreign or international pension plan, but excluding:
- periods taken into account following the possession of a diploma or the studies carried out;
- periods that have been regulated;
- periods of availability by withdrawal of employment in the interest of the service;
- periods of leave for mission of general interest;
-rear break periods other than those that are free of charge for the pension and during which the agent or spouse living under the same roof received family allowances for a child under 6 years of age or was hospitalized for palliative care.
To determine whether the 10 years referred to in paragraph 1^er, b), are affected, periods of absence are not taken into account, with the exception of leave with pay retention.
If, during all or part of his career, an officer simultaneously opens separate pension rights, these periods are taken into account only once.
The supplement referred to in paragraph 1^er is equal to the difference between, on the one hand, the nominal rate that the pension would have reached if the services actually assumed in a binding function had been taken into account at the time of the fortieth 1/47 per year, and on the other hand, the nominal rate of the same pension resulting from the application of the normal calculation rules. For the purposes of this paragraph, only leave with maintenance of remuneration obtained during the performance of a binding function is considered to be services actually presetsed in that function.
Art. 4
It is considered to be a binding function within the meaning of Article 3, the function which, because of its nature or the circumstances under which it is exercised, becomes particularly heavy and painful mental or physical to exercise for many years.
On the proposal of the Minister who has the administration of the Pensions in his office, the King shall determine, by order deliberately in the Council of Ministers, the binding functions within the meaning of paragraph 1^er.
Sub-section 2. - Supplement for age
Art. 5
The nominal rate of retirement pensions referred to in Article 2, including, where applicable, the supplement for a binding function, is, for services actually presetsed after December 31, 2000, plus an additional pension amount determined as follows:
- 0.125 % of this nominal rate for each month between the first day of the month following that of the 60th anniversary of the agent and the half day of the month of its 62nd anniversary, without the amount of the supplement may, per month of service actually presumed, be less than 600 Belgian francs per year at the index-pivot 138,01;
- 0.167 % of this nominal rate for each month between the first day of the month following that of the 62nd anniversary of the agent and the term of his career, without the amount of the supplement being able, per month of service actually presumed, to be less than 800 Belgian francs per year at the index-pivot 138,01.
For the purposes of this section, only leave with pay shall be treated to services that are actually preceded.
If, during periods referred to in paragraph 1^er, the agent has rendered incomplete benefit services, these periods are taken into account in the amount that the services actually assumed represent in relation to these same full benefit services.
Subsection 3. - Common provisions
Art. 6
The pension supplements granted under this section are an integral part of the pension.
The granting of the supplements does not allow to increase the amount of the pension beyond the limits provided for in section 39 of the Act of 5 August 1978 of economic and budgetary reforms.
They are not granted if for the purposes of calculating the pension an ash other than 1/60, 1/55, 1/50 or 1/48 has been taken into account.
For the purposes of calculating the retirement pension, it is disregarded for the services and periods that would have the effect of taking into account the granting of the supplements and thus cause injury to the individual.
Section II. - Pension implications
pre-retirement leave
Art. 7
This section applies to retirement pensions defined in section 2 with the exception of retirement pensions granted under the Military Pension Acts coordinated by Royal Decree No. 16,020 of 11 August 1923.
Art. 8
For the purposes of this section, "pre-retirement leave" means any absence during which an officer was placed in an administrative position allowing him, while retaining compensation or waiting treatment, to permanently reduce or stop his professional activities during the period immediately preceding his or her retirement, other than periods of absence resulting from a plan of early departure in mid-time referred to by § 3
Art. 9
Periods of pre-retirement leave, after December 31, 2009, are not considered either for the right to retirement pension or for the calculation of the pension.
Section III. - Adaptation of the Act of 13 May 1999 concerning the calculation of the retirement pension of teachers and director of custodial and primary education
Art. 10
Section 4, paragraph 2, of the Act of 13 May 1999 on the calculation of the retirement pension of teachers and director of custodial and primary education is supplemented as follows:
"This paragraph applies only if the last grade of the former officer is a specific grade for the principal or teacher of primary and custodial schools, and sections. "
Art. 11
An article 5bis, as follows, is included in the Act of 13 May 1999 referred to above:
"Art. 5bis. For the purposes of this Act, members of the teaching staff other than those of the principal or teaching staff of the primary and custodial schools and sections of the primary and custodial education, whose scales of treatment are also adapted as part of the alignment of the treatment scales of primary and custodial teachers with that of a teacher of the lower secondary education, are assimilated to the aforementioned staff of primary and custodian education. "
Section IV. - Pension Plan
of the mediator of the Walloon Region
Art. 12
The mediator of the Walloon Region benefits from the pension scheme provided for in section 20 of the Act of 22 March 1995 establishing federal mediators. This pension is the responsibility of the Public Treasury. Services performed as an alternate mediator are similar to services as mediators.
Section V. - Validation of career interruption periods
Art. 13
Section 75 of the Act of 21 May 1991 amending public sector pension legislation is replaced by the following provision:
"Art. 75. By derogation from article 2, § 2, of Royal Decree No. 442 of 14 August 1986 on the impact of certain administrative positions on pensions of public service officers, periods or fractions of periods of career interruption or reduction of benefits, prior to 1^er January 1991, which, before June 20, 1991 and taking into account the provisions of sections 2 and 3 of the above-mentioned order, as denoted before their amendment by sections 61 and 62, are no longer subject to validation, may be validated provided that the following conditions are met:
1° that the agent subscribed before December 31, 1991 The undertaking provided for in article 2, paragraph 2, of the aforementioned Royal Decree;
2° that contributions to validate these periods or periods have reached the power or agency referred to in Article 2, § 2, paragraph 1^er, of the aforementioned royal decree, no later than the last day of the month following that in which the invitation to pay was addressed to the person concerned by the said power or agency. "
Section VI. - Federal Office of the Plan pension plan
Art. 14
In section 157 of the Act of 20 July 1991 on social and other provisions, the following amendments are made:
1° Paragraph 1^er form § 1^er;
2° Paragraph 2 is replaced by the following:
Ҥ2. Members and administrative and mastery staff of the Federal Office of the Plan recruited by that organization before 1^er January 1992, either as a contract, or as a statute, and who have ceased or ceased their activities within the said office to assert their right to a pension, receive an additional pension. The same applies to surviving spouses and orphans of the persons defined above or such persons who died during their careers in that office.
The amount of the pension supplement referred to in paragraph 1^er is equal to the difference between, on the one hand, the amount of the pension that the person concerned could have obtained under the Act of 28 April 1958 relating to the pension of the staff of certain public interest bodies and their beneficiaries if the services for which he may claim a pension in another Belgian legal pension scheme were taken into account and, on the other hand, the amount of the pension to which the person who is actually entitled This supplement, which is an integral part of the pension, is the responsibility of the Federal Office of the Plan.
§ 3. Members and administrative and mastery staff of the Federal Office of the Plan recruited by that organization before 1^er January 1992, either as a contract, or as a statute, and cease their activities within the said office before reaching The minimum age to claim their right to a pension, as well as survivor spouses and orphans of the persons defined above, benefit from an additional pension.
The amount of the pension supplement referred to in paragraph 1^er is equal to the difference between, on the one hand, the amount of the pension that the person concerned could have obtained under the Act of 28 April 1958 referred to above if the services presumed to the Federal Office of the Plan for which he may claim a pension in another Belgian legal pension scheme were taken into account and, on the other hand, the amount of the pension to which The person concerned is in fact entitled under this law to an increase in the amount of the pension to which he is entitled in the other Belgian legal pension scheme.
This supplement, which is an integral part of the pension, is the responsibility of the Federal Office of the Plan.
§ 4. Experts who were hired before 1^er January 1992 pursuant to Article 10 of the Royal Decree of 24 May 1971 establishing the status of the Office of the Plan and determining the organization and modalities of its operation, which has at least 20 years of service as an expert and who complete their career in that capacity in that office to assert their right to a pension, as well as survivor spouses and orphans of such experts or experts who were hired before 1^er January 1992 and who are disappointed during their careers in that office are entitled, for the period during which they took such services, to an additional pension. In the event of death in service activity, the period between the date of death and the 65th anniversary of the expert is added to the duration of the services as an expert to assess whether the minimum duration of twenty years is reached.
The amount of the supplement referred to in paragraph 1^er is equal to the difference between, on the one hand, the pension payable to them if they had benefited, for the period under review, from the provisions of the Act of 28 April 1958 referred to above and, on the other, the amount of the pension to which they are entitled for that same period in another Belgian legal pension scheme. This supplement is borne by the Federal Office of the Plan.
§ 5. The pension supplement referred to in §§ 2 and 3 is calculated by the administration of the Pensions of the Ministry of Finance. It is liquidated by the Department of Finance's Department of Finance's Department of Fixed Expenditures Central Service.
§ 6. The Federal Office of the Plan is required to pay monthly allowances to the pension administration, the amount of which is communicated by the pension administration. The amount of these provisions, which can be adapted at any time, is based on an estimate of the expenses which, for the year in question, will result from the application of §§ 2 and 3. These provisions must be made to the pension administration no later than five working days before the payment date of the benefits to which they relate.
At the beginning of each calendar year, the Administration of Pensions shall send to the Federal Office of the Plan a summary statement for the previous year mentioning, on the one hand, the provisions paid for this year and, on the other, the total of the sums due under paragraphs 2 and 3. If the total amount paid is less than the total amount owing, the remaining balance must be received by the Pension Administration no later than the half-working day of the second month following the disclosure of the remaining amount due. If the total of the provisions paid is greater than the total of the amounts due, the surplus is deducted from a subsequent payment of provisions. "
Section VII. - Entry into force
Art. 15
The provisions of this title shall affect 1^er July 2000 except:
- of Article 13 which produces its effects on 1^er July 1991;
- Article 10 which produces its effects on the date of entry into force provided for in Article 6 of the Act of 13 May 1999 referred to above;
- of Article 11 which produces its effects from the date on which, in the community concerned, the difference defined in Article 82, paragraph 3 of the Act of 20 July 1991 referred to above shall be, for the personnel referred to in Article 5bis of the law of 13 May 1999 referred to above, reduced to an amount less than 100,000 Belgian francs per year to the index-pivot 138,01;
- of Article 14, 3° which comes into force on the first day of the third month following that in which the present law has been published in the Belgian Monitor;
- Section I that comes into force on 1^er January 2001.
CHAPTER II. - Pension measures
in the scheme of wage workers
Section I^re. - Payment of old-age pensions and widows ' rents
Art. 16
An article 9ter, which reads as follows, is included in the Act of May 28, 1971, establishing the unification and harmonization of capitalization schemes established under the laws relating to insurance for early age and death.
"In respect of the annuity that actually takes place and for the first time as soon as 1^er January 2001 and notwithstanding any provision to the contrary, the amount is paid in full by a single payment corresponding to the current value of the annuity. "
Art. 17
The King sets out the terms and conditions for the execution of Article 16 and determines when the capital is paid.
Art. 18
Sections 16 and 17 come into force on 1^er January 2001.
Section II. - Representation
and judicial appearance of the National Pension Board
Art. 19
Paragraphs 6 and 7 of Article 49 of Royal Decree No. 50 of 24 October 1967 concerning the retirement and survival pension of employed workers are replaced by a paragraph reading:
"The deputy head represents the body in judicial and extrajudicial acts and acts validly on his behalf and on his behalf, without having to justify a decision of the management committee. However, with the agreement of the management committee, it may delegate to one or more staff members its authority to represent the body in judicial and administrative courts. "
Art. 20
Article 19 produces its effects on 1^er July 2000.
CHAPTER III. - Pension measures
of Independent Workers
Art. 21
Article 35 of Royal Decree No. 72 of 10 November 1967 concerning the retirement and survival pension of independent workers, repealed by the law of 9 June 1970, is reinstated in the following wording:
"In order to link pensions to the evolution of general well-being, the King may revalue, by order deliberately in the Council of Ministers, according to the procedure and under the conditions it determines, the amount of pension for pensions or the pension categories it determines. "
Art. 22
Section 21 comes into force on 1^er January 2001.
CHAPTER IV. - Sustained with solidarity
Art. 23
A section 68 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, the following amendments are made:
1° Paragraph 1^er is replaced by the following provision:
"The legal benefits of old age, retirement, seniority, survival or other benefits in lieu of such a pension, as well as any benefit intended to supplement a pension, even if it is not acquired, and allocated either under legal, regulatory or statutory provisions, or under provisions arising from a contract of work, a by-law of business, a collective benefit of enterprise or a sector, are subject to a The disability pensions of administrative and military officials, magistrates and officials of the Judicial Order and the Judicial Police of the Public Prosecutor's Office are also considered as pensions, as a result of services rendered in Africa.
Are also covered by annuities acquired by payments under the Act of 28 May 1971 that unification and harmonization of capitalization schemes established under the laws relating to insurance for old age and premature death, regardless of their origin";
2° Paragraph 5 is replaced by the following provision:
"For the purposes of this article, we must hear:
(a) by "family beneficiary", as appropriate:
(1) the married beneficiary cohabiting with his or her spouse, provided that the spouse does not have any professional income other than those from an authorized work as provided for in the pension scheme of the employed workers, or a social benefit allocated under Belgian or foreign legislation or an advantage in lieu of a scheme applicable to the staff of a public intemational law institution;
(2) the married beneficiary who is separated from his or her spouse, the unmarried beneficiary, the divorced beneficiary or the surviving spouse, provided that he or she lives exclusively with one or more children, at least one of whom opens the right to family allowances;
(b) by "insulated beneficiary", any other beneficiary that is referred to in littera (a).
To determine the gross monthly amount:
(a) pensions and other benefits that are not paid monthly are assessed in monthly amounts;
(b) the capital covered by this article shall be converted to fictitious annuities. This conversion to a fictitious annuity is effected by dividing the amount of capital by the coefficient that, in the scales in force for the conversion to capital of labour accident annuities in the public sector, corresponds the age of the interested party to the day of the payment of capital. If the capital is split, a conversion is made for each partial payment. If at the time of payment of the capital, the pension has not yet taken place, the age of the person concerned on the day of payment of the capital is, for conversion, replaced by the age at the time of taking the pension. 1^er January 1995 to June 30, 1995, the amount of the annuity so calculated is attached to the pevot index which, at the date of payment of the capital, was used for indexing the pension and is related to subsequent fluctuations in the Consumer Price Index in accordance with the provisions of paragraph 3;
(c) legal pensions and benefits to supplement them paid by foreign or international institutions are also considered.
The portion of the deduction that relates to a Belgian legal pension is taken by the debtor body of that pension.
The portion of the deduction that relates to the benefits to supplement these pensions and paid by Belgian debtors is taken from the legal pensions according to the following order of priority:
1° pension and surviving pension payments for employed workers;
2° pension and surviving pension of self-employed persons;
3° retirement and survival pensions managed by the pension administration;
4° pension and surviving of the Belgian National Railways Corporation;
5° the dependant pension of the bodies to which Royal Decree No. 117 of 27 February 1935 applies, establishing the status of pensions of the staff of the autonomous public establishments and of the government's governing bodies;
6° the retirement and survival pensions of the Overseas Social Security Office;
7° retirement and survival pensions, other than those referred to under 3°, to be paid by local authorities or by bodies created by these local authorities for purposes of public utility, including those granted to their agents;
8° retirement and survival pensions for organizations of public interest, other than those under 3°, dependent on communities or regions;
9° pension and surviving dependants of the powers and agencies referred to in article 38 of the Act of 5 August 1978 of economic and budgetary reforms and not reproduced above.
In the event of a cumulative pension at the same level of priority, the amount of the reduction is effected beginning with the pension at the highest level, without the subsequent increases in pensions having the effect of changing the order so established.
The proceeds of the deductions, with the exception of those made by the National Pension Board, are paid monthly to the Pension Plan Balance Fund. "
Art. 24
Section 23 produces its effects of 1^er January 1995 to 31 December 1996.
PART III. - Health care - INAMI
CHAPTER I^er. - SIS card
Art. 25
Article 2, paragraph 4, 5°, of the Royal Decree of 18 December 1996 on measures to establish a social identity card for the use of social insured persons, pursuant to sections 38, 40, 41 and 49 of the Act of 26 July 1996 on the modernization of social security and ensuring the viability of legal pension schemes is replaced by the following provision:
"5° one or more indications regarding the period of granting the right to health care under the above-mentioned coordinated law; "
Art. 26
In article 5, paragraph 2, of the same order the first sentence is replaced as follows:
"The natural or legal persons referred to in section 2, n), of the coordinated law of 14 July 1994, referred to above, may make use of the social identity card of the social insured persons with whom they relate. "
CHAPTER II. - Health care
Art. 27
Section 25, § 2, paragraph 5, of the Compulsory Health Care and Compensation Insurance Act, coordinated on 14 July 1994, is replaced by the following provision:
"The King may determine the conditions under which the College's jurisdiction to grant interventions in the costs is transferred to the insurers for insured persons with specific rare conditions that require continuous care or a single intervention and which are defined by Him. "
Art. 28
Article 28, § 1^erof the same law, as amended by the laws of 25 January 1999 and 24 December 1999, in the last sentence, the words "Technical advice referred to in article 27, paragraph 1^er are replaced by the terms "Technical advice referred to in articles 27, paragraph 1, and 29".
Art. 29
In article 34,10°, paragraph 1^er, of the same law, the words "targeted respectively at 7° and 8°" are replaced by:
"and placement in the medico-pediatric centres for children with chronic disease, respectively at 7°, 8° and 9°, a). "
Art. 30
The following amendments are made to section 37 of the Act:
1° § 6, paragraph 1 is replaced by the following provision:
“§ 6. For the benefits referred to in Article 34, 7°,8° and 9°, (a), the intervention of health care insurance is set at 100% of the fees and fees set by the conventions provided for in Article 22, 6°. »;
2° to § 11, as amended by the Act of 22 February 1998, Paragraph 1 er is replaced by the following provision:
“§ 11. The intervention of health care insurance in the travel expenses referred to in section 34, 10°, is determined by the Minister. "
Art. 31
Article 51, § 2, paragraph 6, of the same law, inserted by the law of 24 December 1999, is supplemented as follows:
"and do, from 1^er January 2001, an integral part of the provisions of the conventions which, pursuant to Article 49, § 4, are mutated to that date."
Art. 32
Section 59 of the Act is supplemented by the following paragraphs:
"To these allocated budgets is added from 1^er January 2001 the amount that corresponds to the algebraic difference between the overall financial resources budget and the expenditures recorded by the insurers for the clinical biology benefits in question, recorded in the second year preceding the year for which the overall budget is set.
If this amount is added for the portion of benefits provided to non-hospitable beneficiaries, the provisions of sections 61 and 62 are not applied in the year for which the algebraic difference is taken into account.
The King shall, after the opinion of the National Commission of Medico-mutualism, establish the terms according to which these algebraic differences are incorporated in the flat amounts referred to in articles 57, § 1^er§2.
This incorporation may not be invoked by either of the parties that have entered into the agreement, or by the individual dispensator who has acceded to it, to denounce this agreement or its accession. "
Art. 33
Article 72bis, § 2, of the same law, is replaced by the following provision:
Ҥ2. The removal of a pharmaceutical specialty from the list of specialties admitted to reimbursement comes into force one year after receipt of the application.
The Minister may, after taking the advice of the Technical Council on Pharmaceutical Specialties and taking into account economic, social and therapeutic criteria, set a date for entry into force faster, on the basis of a reasoned request for shorter-term removal, sent simultaneously to the Minister and the Technical Council on Pharmaceutical Specialties.
The author of the application for deletion is required to offer the pharmaceutical specialty in the existing submissions refunded until the date of publication of the deletion of the pharmaceutical specialty of the list of drugs admitted to reimbursement to the Belgian Monitor. "
Art. 34
Article 136, § 1^erParagraph 2 of the Act, as amended by the Act of 24 December 1999, is supplemented as follows:
"(c) under the conditions set out in specific conventions, the content of which falls within the general framework of the rules laid down by the intemational agreements, concluded between persons referred to in article 2 (i), (n), Belgian and foreign, to achieve simplified access to cross-border benefits and which were approved by the Insurance Committee and/or the Compensation Management Committee. "
Art. 35
Section 146, paragraph 3, of the Act, as amended by the Act of 25 January 1999, is replaced by the following paragraph:
"The number of inspectors is fixed to a doctor in a whole range of 80,000 beneficiaries, that of pharmacists-inspectors is one per entire group of million beneficiaries. "
Art. 36
Section 156, paragraph 5, of the Act, as amended by the Act of 24 December 1999, is amended as follows:
"Restricted Chambers can only make a decision after hearing the persons concerned; if they abstain or refuse to appear, the restricted Chambers may validly decide; "
Art. 37
Article 185, § 2, paragraph 2, of the same law:
- 1°, as amended by the Act of 24 December 1999, is replaced as follows:
"1° Physicians-Inspectors, Pharmacists-Inspectors and Social Comptrollers, referred to in section 146, are appointed by the King on the proposal of the Board of Directors of the Institute. They are dismissed and revoked by the King. »;
- 2°, amended by the laws of 22 February 1998 and 24 December 1999, is replaced as follows:
"(2) the social inspectors and social controllers referred to in section 162 shall be appointed by the King on the proposal of the Board of Directors of the Institute. They are dismissed and revoked by the King. "
Art. 38
In section 191, paragraph 1^erof the same law, inserted by the law of 4 May 1999 and amended by the law of 24 December 1999, the following amendments are made:
1° Paragraph 1^er 15°ter is supplemented by the words:
"and the conditions defined in the penultimate paragraph of 15°ter."
2° In 15°ter, after paragraph 1, a new paragraph is inserted which reads as follows:
"Under the additional conditions defined in the last paragraph of 15°ter, the supplementary contribution for 2000 referred to in paragraph 1 of 15°ter is increased to 5% of the turnover that was made in 1999. "
3° In 15°ter, after the previous paragraph, a new last paragraph is added which reads as follows:
"The increase referred to in section 191, paragraph 1^er, 15° ter, paragraph 2, is due if established by royal decree deliberated in the Council of Ministers only 1^erOctober 2000, no agreement was reached between the Minister of Social Affairs and the pharmaceutical industry on the development and control of the drug budget. "
Art. 39
Section 213 of the Act, as amended by the Acts of 22 February 1998 and 24 December 1999, is supplemented as follows:
“§4. If the application of Article 51, § 2 results in an amendment to an enforcement order of this Act, a special notice procedure shall be followed. By derogation from the provisions of this Act, only the advice of the General Council must be sought with respect to these amendments. "
Art. 40
Section 43 of the Programme Act of 24 December 1993, as amended by the Acts of 21 December 1994, 29 April 1996 and 24 December 1999, are amended as follows:
1° § 5 is deleted;
2° the current § 4bis becomes § 5;
3° in § 6, last paragraph, the words "From 1999" are replaced by the words "For benefits refunded from 1^er January 1999 »;
4° to § 7, the words "Paragraph 6 of this Article" are replaced by the words "This Article".
CHAPTER III. - Structure of consultation - technical cell
Art. 41
In section 141, paragraphs 1^er and 2, of the Act of 29 April 1996 on social dispostions, amended by the Act of 22 February 1998, the words "anonymous data" are replaced by the words "data that do not identify a natural person".
Art. 42
In Article 154, paragraph 1^er, 1°, of the same law, the word "anonymous" is deleted.
Art. 43
The following amendments are made to section 156 of the Social Provisions Act of 29 April 1996, as amended by the Acts of 22 February 1998 and 24 December 1999.
A) § 1^er is replaced by the following provision:
« § 1^er. The task of the Technical Cell is to collect, link, validate, anonymize and analyze hospital data, as referred to in §2. In addition, the technical cell makes the data available in accordance with the terms defined in § 3.
Anonymous data means data that cannot be linked to a natural or legal person, which is or may be identified. »;
(b) § 2, paragraph 2, is supplemented as follows:
"The data provided to the technical cell does not include identification of physical persons. »;
C) in § 2, paragraph 3, the words "anonymous hospital data" are replaced by the words "data relating to hospitals that do not identify a natural person. »;
(d) in § 2, paragraph 4, the word "anonymous" is deleted;
E) § 3 is replaced by the following provision:
Ҥ3. The technical cell will only make anonymous data available, except for the exceptions mentioned below.
The department and the institute have direct access to data anonymized by the technical cell. The King shall, after receiving the advice of the Privacy Commission, establish the conditions under which the Technical Cell may communicate to the Ministry or to the institution of the data by which the legal person or care provider, a natural person, is or may be identified. This communication must be essential to the execution of the legal missions of the ministry and the institute.
The King shall determine by order, deliberated in the Council of Ministers, the terms and conditions under which anonymous data or data by which the legal person is or may be identified, collected by the technical cell, may be made available to persons other than those mentioned in paragraph 2, taking into account the nature and purpose of the request for data. In no case may the data by which a natural person is or may be identified be communicated to such persons. »
PART IV. - Industrial accidents
Art. 44
In section 24, paragraph 6, of the Labour Accidents Act of 10 April 1971, inserted by the Act of 29 December 1990, the words "hospital or care establishment" are replaced by the words "hospital institution as defined in section 2 of the Hospitals Act coordinated on 7 August 1987".
Art. 45
In section 24bis, paragraph 2, of the Act, inserted by the Act of 29 December 1990, the words "hospital or care institution" are replaced by the words "hospital institution" as defined in section 2 of the Hospitals Act coordinated on 7 August 1987.
Art. 46
In section 38, paragraph 1, of the Act, the second sentence is replaced as follows: "When, during the period of temporary incapacity for work, the minor of age becomes a major or the apprentice's apprenticeship contract ends, the basic remuneration for the calculation of the daily allowance shall, from that date, be fixed in accordance with the paragraph below. "
Art. 47
In section 47, paragraph 1 of the Act, the words "42bis", inserted by the Royal Decree of 16 December 1996, are deleted.
Art. 48
In section 48ter, paragraph 1 of the Act, the words "42bis", inserted by the Royal Decree of 16 December 1996, are deleted.
Art. 49
In section 51, paragraph 1, of the Act, the words "to the General Fund of Savings and Retirement or" are deleted.
Art. 50
Section 93 of the Act amended by Royal Decree No. 39 of 31 March 1982 is replaced as follows:
"Art. 93. Without prejudice to the provisions of section 50bis of the Criminal Code, the employer, insurer or an annuity service institution are civilly liable for the fines to which their directors, commissioners, directors, managers, agents or agents are sentenced under the above provisions. "
Art. 51
The Caisse générale d'Epargne et de Retraite passes with an authorized insurer for the service of rents a convention for the transfer of pension capital made at home.
The King sets out the conditions under which this transfer takes place.
The Minister who has Social Affairs among his or her powers approves the agreement referred to in paragraph 1^er.
The transfer shall have effect on the effective date of the Ministerial Order approving the agreement referred to in paragraph 1^er. It is valid in respect of all beneficiaries of annuities and all concemed third parties.
Art. 52
Section 49 comes into force on the date set out in section 51, paragraph 4.
PART V. - Family allowances
CHAPTER I^er. - IUA, LUC, Universiteit Gent and the Universitair Centrum Antwerpen and the family allowance scheme for local unprotected agents
Art. 53
Section 3, 2°, of the Family Allowance Acts for Employees, coordinated on 19 December 1939, replaced by the Act of 22 December 1989, is supplemented as follows:
"and the "Instelling Antwerpen University" and the "Universitair Centrum Limburg"; "
The same section is supplemented by the following paragraph:
"Communities are also subject to these laws for the burgers and chevines referred to in Article 19, § 4, of the new communal law. "
Art. 54
In Article 15, paragraph 2, of the same laws, as amended by the Royal Decree of 25 October 1960 and the Law of 10 June 1998, the words "and women of days" are deleted.
Art. 55
An article 32ter, as follows, is inserted in the same laws:
"Art. 32ter. The National Social Security Office of the Provincial and Local Government provides family benefits to the burgers and chevines referred to in Article 19, § 4, of the new communal law. "
Art. 56
Article 42bis of the same laws, restored by Royal Decree No. 131 of 30 December 1982 and amended by Royal Decree No. 282 of 31 March 1984, the law of 1^er August 1985, Royal Decree No. 534 of 31 March 1987, Royal Decrees of 31 March 1987 and 16 November 1988, Laws of 22 December 1989, 29 December 1990, 30 December 1992 and 4 May 1999, is supplemented by the following paragraph:
"For the purposes of paragraph 5, the King shall determine the periods, together with their method of calculation, taken into account for the determination of the course taking of the six-month period of activity referred to in paragraph 5. It also determines periods that interrupt this activity. "
Art. 57
Article 51, § 1^er, single paragraph, of the same laws, as amended by the Act of 22 December 1989, is supplemented as follows:
"4° persons referred to in Article 3, paragraph 2. "
Art. 58
In article 102, § 2, paragraph 2, of the same laws, inserted by the law of 22 February 1998, the words "women of joums and" are deleted.
Art. 59
The "Instelling Antwerpen University" and the "University Centrum Limburg" directly grant family allowances to members of their staff for whom they are not subject to the obligation to pay social security premiums for the family allowance sector of employed workers at the National Social Security Office.
Art. 60
The "University Gent" and the "University Centrum Antwerpen" directly grant family allowances to members of their staff for whom they are not subject to the obligation to pay social security premiums for the family allowance sector of employed workers at the National Social Security Office.
Art. 61
Article 51, § 1^er, single paragraph, of the same laws, as amended by the Act of 22 December 1989, is supplemented as follows:
"4° persons referred to in Article 3, paragraph 2. "
Art. 62
Article 60 produces its effects on 29 June 1991.
CHAPTER II. - Guaranteed family benefits
Art. 63
Article 1^er, paragraph 3, of the Act of 20 July 1971 establishing guaranteed family benefits, as amended by the Act of 25 January 1999, the second sentence is replaced by the following sentence:
"This presumption cannot be overturned on the ground that the child perceives a minimum of means of existence granted under the Act of 7 August 1974 establishing the right to a minimum of means of existence. "
Art. 64
Article 63 produces its effects on 11 February 1998.
CHAPTER III. - Officials of the European Communities,
Eurocontrol and European schools
Art. 65
Article 60, § 1^er, Family Allowance for Employees Acts, coordinated on 19 December 1939, amended by the Royal Decree of 15 July 1982, is supplemented by the following provisions:
"This reduction does not apply when it can be claimed for similar benefits to a beneficiary child under the statutory regulations applicable to officials and other agents of the European Communities.
The King shall determine public international law institutions whose statutory rules applicable to their staff may be assimilated to the statutory rules referred to in the preceding paragraph. "
Art. 66
Section 65 produces its effects on 1^er September 1993.
CHAPTER IV. - Based discrimination
on the sex of persons who form a household
Art. 67
Article 42, § 1^er, paragraph 3, of the Family Allowance for Employees Acts, coordinated on 19 December 1939, amended by the Royal Decree of 21 April 1997 and by the Law of 14 May 2000, are amended as follows:
(a) The 1° is supplemented by the following phrase: ", with the exception of cases in which other official documents produced for this purpose show that the cohabitation of allocataries is effective although it does not correspond or more with the information obtained from the National Register. »;
(b) 2° is replaced by the following provision:
2° Allocataries shall be either spouses or parents or allies to the first, second or third degree, or persons declaring to form a de facto household. This statement is valid until proven otherwise. The parentage acquired by adoption is taken into consideration. "
Art. 68
Article 51, § 3, of the same laws, as amended by the Act of 22 December 1989, the Royal Decree of 21 April 1997 and the Law of 14 May 2000, is amended as follows:
(a) in the first sentence of 3°, the words "of the person with whom it is established in the household" are replaced by the words "of a person with whom it forms a de facto household";
(b) at 6°, the words "of the person with whom it is established in the household" are replaced by the words "of a person with whom it forms a de facto household";
(c) at 7°, the words "the person with whom it is established in the household" are replaced by the words "a person with whom it forms a de facto household";
(d) at 8°, the words "the person with whom it is established in the household" are replaced by the words "a person with whom it forms a de facto household";
(e) a new subparagraph shall be inserted, as follows:
"For the purposes of this paragraph, a parent or allied person up to the third degree inclusive shall not form a de facto household. The cohabitation of persons declaring to form a de facto household is established by the information referred to in section 3, paragraph 1^er5°, of the Act of 8 August 1983 organizing a National Register of Physical Persons, obtained from the said Register, or by other official documents certifying cohabitation, produced by the applicant, where the information referred to in the Register fails or is invalidated by these documents. This statement is valid until proven otherwise."
Art. 69
Article 56bis, § 2, of the same laws, as amended by the law of 5 January 1976, Royal Decree No. 534 of 31 March 1987 and the law of 22 December 1989, is amended as follows:
(a) Paragraph 1^er is replaced by the following provision:
“The family allowances provided in § 1^er are, however, granted to the rates provided for in section 40, where the surviving father or surviving mother is engaged in the bonds of a marriage or forms a de facto household with a person other than a parent or allied to the third degree inclusive. »;
(b) a new paragraph shall be inserted between subparagraphs 1^er and 2, as follows:
"The cohabitation of the surviving author with a person other than a parent or allied up to the third degree inclusively presumes, until proven otherwise, the existence of a de facto household. "
Art. 70
Article 56quater, paragraph 1^er, 3°, of the same laws, amended by Royal Decree No. 534 of 31 March 1987 and by the law of 22 December 1989, the words "to be established in household within the meaning of Article 56bis, § 2, paragraph 1^er of these laws, not engaged in the bonds of a new marriage, are replaced by the words "to form a de facto household within the meaning of Article 56bis, § 2, or to be engaged in the bonds of a new marriage".
Art. 71
Article 56quinquies, §§ 2 and 3, of the same laws, amended by the law of 4 July 1969, the royal decree of 23 January 1976, and by the laws of 1^er August 1985 and 22 December 1989, amend to read:
(a) in § 2, paragraph 2, the words "is established in household within the meaning of Article 56bis, § 2, paragraph 1^er," are replaced by the words "form a de facto household within the meaning of Article 56bis, § 2,";
(b) in § 3, paragraph 2, the words "not established in household within the meaning of Article 56bis, § 2, paragraph 1^er " are replaced by the words "or form a de facto household within the meaning of Article 56bis, §2.
Art. 72
In article 56sexies, paragraph 2, of the same laws, as amended by the laws of the 1^er August 1985 and 22 December 1989, the words "is established in household within the meaning of Article 56bis, § 2, first paragraph", are replaced by the words "form a de facto household within the meaning of Article 56bis, § 2".
Art. 73
In Article 64, § 2, B,1°, of the same laws, as amended by Royal Decree No. 122 of 30 December 1982 and by Royal Decree No. 534 of 31 March 1987, the words "form a household" are replaced by the words "form a household of fact, under the conditions fixed by Article 51, § 3, paragraph 2".
Art. 74
In Article 73quater, § 4, paragraph 2, of the same laws, restored by the law of 30 December 1992, the words "he is in household" are replaced by the words "he forms a de facto household within the meaning of Article 56bis, §2.".
Art. 75
The amendment of the Royal Decree of 12 April 1984 implementing articles 42bis and 56, § 2, of the co-ordinated laws relating to family allowances for employed workers, relating to the replacement of the notion of household formed with a person of the other sex, by the notion of household de facto, shall take effect on the date of entry into force of this Act.
Art. 76
Articles 67 to 75 come into force on the first day of the month following that of their publication to the Belgian Monitor.
CHAPTER V. - Accountability of family allowances
Art. 77
Section 24, paragraph 7, of the Family Allowance for Employees Acts, coordinated on 19 December 1939, amended by the Decree-Law of 22 November 1945 and the Royal Decree of 10 April 1957, is replaced by the following provision:
"In accordance with Article 91, § 2, e), the balance is transferred to the reserve fund of the family allowances concerned. "
Art. 78
Section 28 of the Acts, as amended by the Royal Decree of 10 April 1957, is replaced by the following provision:
"The approval may be withdrawn by the King:
(a) based on the assessment report referred to in Article 94, § 2, (a);
(b) if the holding of the reserve fund of the family allowance fund is not sufficient for at least three years following the coverage of unduly paid family benefits, referred to in Article 91, § 4.2° to 5°, and losses referred to in Article 91, § 4, 6°;
(c) if the holder of the administrative reserve of the family allowance fund is not sufficient for at least three years following the coverage of the deficits referred to in Article 94, § 7, 3°;
If in the cases referred to in the first paragraph, the King does not decide to withdraw the approval, the Board's management committee may, in order to correct the financial situation of the family allowance fund, require that the credit union submit to it, within the time it sets out, a recovery plan. In the absence of an appropriate plan, within the time limit, the management committee may impose a recovery plan on the family allowance fund itself.
In this case, the family allowance fund may appeal against the recovery plan imposed to the Minister of Social Affairs within fifteen calendar days following the notice of the recovery plan by the Office Management Committee. The appeal is not suspensive. The Minister makes a decision within 30 calendar days of the date of the appeal. At the end of the recovery plan, the Office Management Committee provides a reasoned opinion to the Minister.
Art. 79
Section 91 of the Acts, amended by Royal Decree No. 28 of 15 December 1978 and the Acts of 10 June 1998 and 25 January 1999, is replaced by the following provision:
« § 1^er. The free family allowance funds approved under section 19 and the special family allowance funds referred to in section 31 shall be required to establish a reserve fund.
§ 2. The reserve fund is powered by:
(a) Having from the reserve fund of the family allowance fund as at 31 December 1999;
(b) 1° in respect of free family allowances, approved under Article 19: the portion of the subsidy referred to in Article 94, § 2, (a), which is assigned to the reserve fund by the King;
2° with respect to special family allowances referred to in section 31: an annual payment by the national family allowances office for employed workers, up to 0.15 per thousand of the family benefits paid by the family allowance fund during the fiscal year;
(c) interest earned by the assets of that reserve fund and the working capital referred to in section 93;
(d) donations and bequests to be given to the family allowance fund;
(e) the proceeds of fines, increases in contributions and late interest referred to in section 24, paragraph 7;
(f) the proceeds of fines and late increases and interest in contributions referred to in articles 77 and 78;
(g) the portion of the surpluses of the management account, which is eventually transferred in accordance with paragraph 3 of Article 94, § 3.
§ 3. The holding of the reserve fund of the family allowance fund may not exceed December 31 of the fiscal year, 1.5% of the amount of family benefits paid by the family allowance fund during the same fiscal year.
If this ceiling is exceeded, the surplus is paid to the Office during the first semester of the following fiscal year. The family allowance fund, which has not paid its surplus in time, is in full legal interest liability.
On the proposal of the Office Management Committee, the King may amend the percentage referred to in this paragraph.
§ 4. The reserve fund is used:
1° to the provisional coverage of unduly paid family benefits that are to be recovered;
2° to the final cover of amounts not recovered pursuant to section 119bis,
3° to the final coverage of unduly paid family benefits and which are not recoverable due to the prescription referred to in section 120bis;
4° to the final coverage of unduly paid family benefits whose recovery is socially counter-indicated or technically impossible;
5° to the final coverage of unduly paid family benefits that are not recovered under section 22, § 3, of the Act of 11 April 1995 to establish the "character" of the social insured;
6° to the final coverage of losses caused by affiliate employers and attributes that are failing;
7° as an advance to contribute to the payment on the due date of family benefits without waiting for the Office to make the payment of the amounts referred to in Article 108, paragraph 1°;
8° to the final coverage of losses caused by any other cause, with the prior agreement of the Office Management Committee;
9° in order to pay the liquidation costs of the family allowance fund, after exhaustion of the administrative reserve referred to in section 94.
§ 5. The means of the reserve fund cannot, in any case, be used to cover the administrative costs or to finance the furniture and real estate investments that are necessary for the proper operation of the family allowance fund, except for the funding approved by the Board of the Office before 1^er January 1999. "
Art. 80
Section 93 of the same Acts, amended by Royal Decree No. 28 of 15 December 1978 and the Royal Decree of 24 February 1983, is replaced by the following provision:
« § 1^er. The free family allowances approved under section 19 and the special family allowances referred to in section 31 shall be required to establish a working capital for the payment of family benefits.
§ 2. The working capital for the payment of family benefits is provided by:
(a) amounts referred to in section 108, first paragraph, 1°;
(b) the charitable contributions referred to in articles 77 and 78.
§ 3. This working capital is used for the payment of family benefits and associated emission fees. "
Art. 81
Article 94 of the same laws, as amended by Royal Decree No. 28 of 15 December 1978, is replaced by the following provision:
« § 1^er. The free family allowance funds approved under section 19 and the special family allowance funds referred to in section 31 shall be required to establish a fund to cover administrative costs, referred to as a management account.
§ 2. The management account is powered by:
(a) a grant granted by the National Office of Family Allowances for Employees.
This subsidy whose method of calculation and terms of granting are detemmed by the King, may be different depending on whether it is free family allowances, approved under section 19 or special family allowances referred to in section 31.
With respect to free family allowances, approved under section 19, the King may assign part of this grant to the reserve fund;
(b) other subsidies than those referred to in (a);
(c) interest, with the exception of the interests referred to in Article 91, § 2, (c);
(d) reports and values of all assets, movable and immovable property in possession of the family allowance fund;
(e) the additional contribution that the family allowance fund may lose its members in accordance with paragraph 8.
§ 3. The means of this management account are used to cover administrative costs.
The King may take measures in respect of administrative expenses.
Without prejudice to what is provided for in Article 94, § 2(a), the family allowance fund may transfer to December 31 of each fiscal year a portion or all of the management account surplus to the reserve fund. When, as at December 31 of the fiscal year, the means of the reserve fund of the family allowance fund are insufficient for the use referred to in section 91, § 4, 1° to 6°, the family allowance fund shall transfer at least 5% of the surpluses of the management account to the reserve fund. These transfers are irreversible.
§ 4. The free family allowances under section 19 and the special family allowances referred to in section 31 are required to establish an administrative reserve.
§ 5. The administrative reserve is powered by:
(a) having the administrative reserve of the family allowance fund as at 31 December 1999;
(b) the surplus of the management account as at 31 December of the year, after deduction of the party that is eventually transferred to the reserve fund in accordance with the third paragraph of § 3.
§ 6. The King may cum on the administrative reserve of the body and affect the potential surplus.
§ 7. The administrative reserve is used:
1° with a view to the provisional financing of administrative costs that cannot be covered during the fiscal year by means of the management account;
2° to finance furniture and real estate investments that are necessary for the proper functioning of the family allowance fund;
3° to finalize the deficits of the management account at the end of the fiscal year;
4° to temporarily finance undue family benefits after the use of the reserve fund, in accordance with Article 91, § 4.1°;
5° to pay the liquidation costs of the family allowance fund.
§ 8. If the administrative reserve is insufficient to permanently cover administrative costs, the family allowance fund may require its affiliated employers to make a supplementary contribution to cover this deficiency, without prejudice to any provision contrary to the law of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers, the Decree-Law of 10 January 1945 concerning the social security of the minor and assimilated workers or the decree of 1945 "
Art. 82
Is confirmed for the year 1999, the application of the Royal Decree of 9 June 1999 concerning the Fund for Administrative Expenses and the administrative reserve of the family allowance funds.
Art. 83
Without prejudice to the provisions of article 82, articles 77 to 81 produce their effects on 1^er January 2000.
CHAPTER VI. - Trimestrialization
Family Allocation Supplements
Art. 84
Section 48, paragraph 5, of the Family Allowance for Employees Acts, coordinated on 19 December 1939, amended by the Act of 22 December 1989 and the Royal Decree of 10 December 1996, is replaced by the following paragraphs:
"Any event occurring in the course of a month involving the award or loss of the rate provided for in section 50bis or one of the supplements referred to in sections 44 and 44bis and 47 shall result in the award or loss of that rate or supplement on the first day of the month following that in the course of which it occurred. However, when such an event occurs on the first day of the month, the award or loss of this rate or supplements takes place on the first day.
Any event occurring within one month and involving the award of one of the supplements referred to in sections 42bis and 50ter will result in the award of this supplement on the first day of the month following the one in which it occurred. However, when such an event occurs on the first day of the month, the award of these supplements takes place on that first day. "
Art. 85
Article 54, § 3, of the same laws, as amended by the Act of 22 December 1989 and the Royal Decree of 21 April 1997, is replaced by the following paragraphs:
“§3. Without prejudice to Article 48, where an attribute referred to in Article 51, § 2, meets the conditions for the opening of the right to supplements provided for in Articles 42bis and 50ter in a quarter, it opens this right for the end of the current quarter, as well as for the next quarter.
§ 4. The attribute referred to in Article 51, § 2, shall continue to open the right to supplements provided for in Articles 42bis and 50ter for a quarter, provided that it meets all the legal and regulatory conditions established for the granting of these supplements during the second month of the pre-cated quarter that for which the family allowances are requested.
§ 5. Without prejudice to Article 48, the attributes referred to in Article 51, § 2, shall open the right to the rate provided for in Article 50bis for one month, provided that they meet the conditions provided for in these Acts during the conceed month.
Without prejudice to section 48, the children referred to in sections 44, 44 bis and 47 shall be entitled to the family allowance supplements provided for therein for one month, provided that they meet the requirements for the month in question. "
Art. 86
Sections 84 and 85 come into force on 1^er day of the quarter following the date of their publication in the Belgian Monitor.
PART VI. - Annual holidays
Art. 87
The Royal Decree of May 3, 1999 ensuring the financial balance of the annual holiday regime of manual workers by structural measures is confirmed with effect to 1^er January 1999.
PART VII. - Social Security Crossroads Bank
Art. 88
In Article 1^er of the Act of January 15, 1990 on the institution and organization of a Social Security Bank, the words "Ministry of Social Security", are replaced by the words "Ministry of Social Affairs, Public Health and the Environment".
Art. 89
Article 2, paragraph 1^er, 7°, of the same law, as amended by the law of 25 January 1999, the words "medical personal data" are replaced by the words "personal social data relating to health".
Art. 90
The title of Chapter IV of the Act is replaced by the following title: "Chapter IV. - Protection of personal social data".
Art. 91
The title of Chapter IV, Section 1, of the Act is replaced by the following title: "Section 1st. - The formal motivation of administrative acts and the correction and deletion of personal social data".
Art. 92
The title of Chapter IV, Section 2, of the Act is replaced by the following title: "Section 2. - Measures to preserve personal social data".
Art. 93
In section 23, paragraph 1^er, from the same law the word "data" is replaced by the words "personal social data".
Art. 94
The title of chapter IV, section 4, of the Act is replaced by the following title: "Section 4. - Measures to preserve personal social data relating to health".
Art. 95
The following amendments are made to section 26 of the Act:
1° the words "personal medical data" are replaced each time by the words "personal social data relating to health";
2° in the first sentence of § 3, the words "medical data" are replaced by the words "personal social data relating to health".
Art. 96
Section 27 of the Act is replaced by the following provision:
“Art. 27. Every employer shall inform the workers for whom it has registered or received personal social data, the provisions of this Act and its enforcement orders for the protection of their privacy. "
Art. 97
In article 28 of the same law, the words "Article 40 of the Constitution" are replaced by the words "Article 56 of the Coordinated Constitution".
Art. 98
In section 35 of the same law, the words "Department of Social Welfare" are replaced by the words "Department of Social Affairs, Public Health and the Environment".
Art. 99
In article 54, paragraph 1^er, 2°, (a), of the same law, as amended by the Act of 6 August 1993, the words "medical personal data" are replaced by the words "personal social data relating to health".
Art. 100
In section 55, paragraph 3, of the same law, the words "medical personal data" are replaced by the words "personal social data relating to health".
Art. 101
Section 60 of the Act, as amended by the Act of 29 April 1996, is repealed.
Art. 102
In section 62 of the Act, as amended by the Acts of 6 August 1993 and 29 April 1996, the following amendments are made:
1° the 3° is replaced by the following:
"3° the social security institutions, their agents or agents, which, contrary to the provisions of Article 20, § 2, did not communicate to the Bank-Carrefour the corrections and erases of the personal social data they deal with; »;
2° in 6°, 7° and 10° the words "personal medical data" are replaced by the words "personal social data relating to health";
3° in 8°, the words "medical data" are replaced by the words "personal social data relating to health".
Art. 103
Section 66 of the Act is repealed.
Art. 104
In section 67, paragraph 3, of the Act, the word "60" is deleted.
PART VII. - Legislation ONSS
CHAPTER I^er. - Reduction of personal contributions for workers with low wages - modification of annual ceiling
Art. 105
In Article 2, § 2, paragraph 1^er, of the Act of 20 December 1999 to grant a reduction in personal social security contributions to workers with low wages, the words "31,200 Belgian francs per calendar year" are replaced by the words "37,500 Belgian francs for the year 2000 and 39,600 Belgian francs per calendar year from the year 2001".
Art. 106
Section 105 produces its effects on 1^er April 2000.
CHAPTER II. - Reduction of personal contributions for workers with low wages - extension of application field
Art. 107
Article 2, § 1^erParagraph 1^er, of the Act of 20 December 1999 to grant a reduction in personal social security contributions to workers with low wages, is replaced by the following provision:
"Workers who are subject to either the regimes referred to in Article 21, § 1^er, 1° to 3° and 5°, of the law of 29 June 1981 establishing the general principles of social security of employed workers, i.e. the regimes referred to in Article 1^er, 1° to 4° of the Decree-Law of 10 January 1945 concerning the social security of minor and assimilated workers, i.e. the regimes referred to in Article 1^er, 1° to 3°, of the Decree-Law of 7 February 1945 concerning the social security of the sailors of the merchant navy, shall be granted monthly, by derogation from Articles 38, § 2, and 23, paragraph 4, of the aforementioned Law, §§ 2 and 7, of the above-mentioned Decree-Law of 10 January 1945 and 3, §§ 2 and 6, of the aforementioned Decree-Law of 7 February 1945, a reduction of the corresponding personal security contributions.
Art. 108
Section 107 produces its effects on 1^er July 2000.
CHAPTER III. - Public companies of Lentiime
Art. 109
In Article 35, § 1^er, 1°, category 1, paragraph 2, of the Act of 29 June 1981 establishing the general principles of social security of employed workers, replaced by the Act of 26 March 1999, the words "Administrative Work Companies of the Public Sector" are inserted between the words "as well as for" and the words "employees under the Joint Service Commission".
Art. 110
Section 109 produces its effects on 1^er April 1999.
CHAPTER IV. - Penalties in the horticulture sector
Art. 111
Article 3 of the Royal Decree of 18 July 1997 amending the Royal Decree of 28 November 1969 enacted pursuant to the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers is replaced by the following provision: "This Order produces its effects on 1^er January 1994. "
Art. 112
Article 8bis of the royal decree of 28 November 1969 taken pursuant to the law of 27 June 1969 revising the decree-law of 28 December 1944 concerning the social security of workers, as amended by the royal decrees of 22 December 1995 and 18 July 1997 is supplemented by the following provision: "By derogation from Article 42, paragraph 2, of the law of 27 June 1969 revising the decree-law of 28 December 1944^er July 1994 to 31 December 1995 of the conditions referred to in paragraph 6, as denoted before the amendment provided for in the Royal Decree of 22 December 1995, or for non-compliance for one or more workers for the period of 1^er January 1996 to 31 August 1997 the conditions set out in paragraph 5, as stated before the amendment provided for in the Royal Decree of 18 July 1997, could not declare their casual workers in that capacity under the National Social Security Office, are entitled, for workers for whom the above conditions have been met, to recover the difference between the actual paid contributions and the contributions that would have been due for workers For the calculation of the amount to be refunded, however, it is not taken into account the annual vacation plan contributions. "
CHAPTER V. - Social security of merchant marine sailors
Art. 113
In article 2quater of the Decree-Law of 7 February 1945 concerning the social security of the sailors of the merchant marine, as amended by the law of 26 March 1999, the words "from and to Belgium" are replaced by the words "from and to a Member State of the European Union".
Art. 114
Article 3, § 1^er, of the same decree-law, replaced by Royal Decree No. 96 of 28 September 1982 and amended by the laws of 22 February 1998 and by the Royal Decree of 18 April 1997, is replaced by the following provision:
« § 1^er. Social security contributions are calculated on the basis of the remuneration of the mariner.
The remuneration of the mariner is defined as the standard wages increased by overtime and all compensation awarded to the concerned.
The King may by order deliberately in the Council of Ministers and after notice of the Management Committee of the Emergency and Provident Fund for Mariners, for the categories of sailors who are occupied on board ships that are registered in a Member State of the European Union and under the conditions that it determines, exempt from the payment of all or part of the contributions due by the shipowner and/or by the sailors under this Act.
Shipowners may only be exempted from the social security premiums referred to in paragraph 3, if the conditions for the guarantee of employment are met.
The King sets out by decree deliberately in the Council of Ministers and after the advice of the management committee of the Emergency and Provident Fund for Mariners, the standards for the guarantee of employment for sailors and shoregangers on the one hand and for officers on the other.
It removes the terms and conditions that reconcile the assessment of compliance with the employment guarantee standards, the possibility of derogation and the cause of justification for such derogations, as well as the possible penalties for derogation.
Art. 115
In Article 12 of the same Decree-Law, amended by the laws of the 1^er August 1985 and 29 April 1996 and the Royal Decree of 19 May 1995, is amended as follows:
In § 1^er, 2°, (a), the words "of a late interest of 12% a year" are replaced by the words "of a late interest determined by Royal Decree, the said interest of delay not exceeding the legal interest rate; "
Art. 116
In Article 13, § 1^er, 1°, of the Royal Decree of 18 February 1997 on measures for the dissolution of the Régie des Transports maritimes pursuant to Article 3, § 1^er, 6°, of the law of 26 July 1996 aimed at realizing the budgetary conditions of Belgium's participation in the European Economic and Monetary Union, the words "from and to Belgium" are replaced by the words "from and to a Member State of the European Union".
Art. 117
Article 113 produces its effects on 26 February 1997, Article 114 produces its effects on 1^er January 1997, Article 115 produces its effects on 1^er September 1996 and Article 116 produced its effects on 26 February 1997.
CHAPTER VI. - Social status
local unprotected agents - municipal law
Art. 118
Article 19, § 4, of the new communal law, inserted by the law of 4 May 1999, is replaced by the following provision:
“§4. If the bourgmestres and chevins are not subject to the law of 27 June 1969 revising the decree law of 28 December 1944 concerning the social security of the workers under their employment activity or to the royal decree n° 38 of 27 July 1967 organizing the social status of the independent workers under their independent activity, and without the application of this provision, they would not benefit from the benefits in respect of
The contributions of the worker and the employer referred to in Article 38, § 2, 2°, 3° and 4° and § 3, 2°, 3°, 4° and 5°, of the law of June 29, 1981, calculated on the amount of their complete treatment are reported and paid to the National Social Security Office of the provincial and local administrations.
If, after the end of their political mandate, the bourgmestres and chevins, as well as the former bourgmestres and chevins, benefited from compulsory health care insurance benefits, only pursuant to section 32, 15° of the Compulsory Health Care and Allowance Insurance Act, coordinated on July 14, 1994, the personal contributions due under this provision were made in charge of the municipality of the last term
The King shall determine by order deliberately in the Council of Ministers the modalities for the execution of this provision. "
Art. 119
Section 4 of the Labour Accidents Act of 10 April 1971 is supplemented as follows:
"4° to local agents referred to in Article 19, § 4, of the new communal law. "
Art. 120
Article 2, § 1^er, coordinated laws on 3 June 1970 relating to compensation for damage caused by occupational diseases are supplemented as follows:
"(d) to the local agents referred to in Article 19, § 4, of the new communal law. "
Art. 121
Article 1^er§ 2, paragraph 1^erof the law of 1^er August 1985 with social provisions, replaced by Royal Decree No. 502 of 31 December 1986 and the Act of 20 July 1991 is supplemented as follows:
"7° the contributions due under Article 19, § 4, of the new communal law. "
Art. 122
Section 32 of the Compulsory Health Care and Compensation Insurance Act, coordinated on July 14, 1994, last amended by the Act of April 25, 1997, is supplemented as follows:
"21 ° the local agents referred to in Article 19, § 4, of the new communal law. "
Art. 123
Sections 118 to 122 come into force during the next full renewal of the Communal Councils with the exception of Article 19, § 4, paragraph 3, inserted by Article 118, of the new communal law which has effected 1^er January 2000.
PART IX. - Various social institutions
CHAPTER I^er. - Hospitals Act
Art. 124
In section 38 of the Hospitals Act, coordinated on 7 August 1987, the words "in accordance with the advice of the National Hospitals Council, Accreditation Section", are replaced by the words "after the advice of the National Hospitals Council, Accreditation Section".
Art.125
Section 86, paragraph 2, of the Act is replaced by the following provision:
"The data referred to in paragraph 1^er relating to medical activities cannot include data that directly identifies the physical person on whom it carries. No action may be taken to establish a link between these data and the identified physical person to whom they relate, unless it is necessary to verify by officials or agents designated in section 115 the veracity of the data provided. "
CHAPTER II. - Accountability of public social security institutions
Art. 126
In Article 19, § 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 Law of 26 July 1996 on the Modernization of Social Security and ensuring the viability of the legal pension schemes, the words: "as well as the ranks and ranks that may be occupied by statutory agents who hold this function" are deleted.
Art 127
In article 21, § 2, of the same order, the following amendments are made:
1° the words "in force provided that references to these amending provisions have been repeated in the statute in accordance with § 1^er are replaced by the words "of full right in force unless otherwise disposed of in these amendments";
2° the paragraph shall be supplemented by the following paragraphs:
"These amendments may provide for derogatory rules for staff of public social security institutions.
The above-mentioned amendments, as well as possible derogatory regulations, are negotiated with representative trade union organizations in a joint reunification of the Committee on Federal, Community and Regional Public Services and the relevant Sectoral Committee for Public Social Security Institutions. "
Art. 128
In article 21, § 3, of the same decree, are inserted between the words "and any modification to the statute" and the words "is first submitted" the words "including the amendments referred to in § 2".
CHAPTER III. - Amendment of the Act of 6 August 1990
on mutualities and national mutualities
Art. 129
Section 2 of the Act of 6 August 1990 on mutuality and national mutuality unions, as amended by the Act of 20 July 1991, are amended as follows:
1° in § 2, the word "minimum" is, each time, replaced by the word "minimum";
2° in § 3, the words " referred to in Article 2, (f), and 22, first paragraph, of the Act of 9 August 1963, establishing and organizing a compulsory insurance scheme against illness and disability" are replaced by the words " referred to in Articles 2, (k), and 33, paragraph 1^erof the Compulsory Health Care and Compensation Insurance Act, coordinated on July 14, 1994."
Art. 130
The following amendments are made to section 3 of the Act:
1° to paragraph 1^er(a), the words "mandatory disability insurance, regulated by the Act of 9 August 1963 establishing and arranging a compulsory health and disability insurance plan" are replaced by the words "mandatory health care insurance and allowances, regulated by the coordinated law of 14 July 1994, referred to above";
2° in paragraph 2, the words "mandatory disability insurance" are replaced by the words "mandatory health care insurance and allowances".
Art. 131
Article 4bis, as follows, is inserted in the same law:
"Art. 4bis. A mutuality cannot arrange a service referred to in Article 3, paragraph 1^er, (b) and (c), after having previously obtained the approval of the board of directors of the national union to which it is affiliated. "
Art. 132
Section 5 of the Act is replaced by the following provision:
“Art. 5. § 1^er. The general assembly of a mutuality may, taking into account the rules relating to the amendments of statutes as provided for in Article 10, decide to transfer to another national union as long as it is in agreement.
§ 2. The request for approval by the control office of the transfer must be introduced in the first semester of the calendar year.
The supervisory board shall decide within a maximum period of three months from the date on which the application for approval has been transmitted. If there is no decision at the expiry of this period, the transfer is expected to have been approved.
The decision of the Office must be motivated and notified to the mutuality and national unions concerned within thirty calendar days of the decision. If there is no notification at the expiry of this period, the transfer is expected to have been approved.
§ 3. The control office determines the form of the documents and the information that must be, under penalty of inadmissibility, transmitted by the concemed mutuality in support of the request for approval of the transfer.
Before deciding, the supervisory board shall consult with the relevant national unions and may, with a view to safeguarding the rights of members and dependants, both from the mutuality concerned and from other mutualities directly or indirectly concerned, pose conditions for the transfer and, in particular, for having previously cleared any debt or other obligation to the national union that mutuality wants to leave.
§ 4. The mutuality shall inform its members, within one month of the receipt of the approval of the supervisory board, on the one hand, of the transfer decision to another national union and on the other hand, of the possibility to register individually with another mutuality and of the formalities to be carried out for this purpose.
§ 5. The mutation of mutuality can only emerge from its effects at 1^er January that follows the date of its approval by the Office of Control.
The approval of the transfer is published, at the initiative of the control office, by extract to the Belgian Monitor within thirty calendar days of the approval decision. "
Art. 133
Section 6 of the Act is replaced by the following provision:
“Art. 6. § 1^er. National mutuality unions, as described below as "national unions", are associations of at least five mutualities with the same purpose as that referred to in Article 2 and the same duties as those set out in Article 3 and which, under the coordinated law of 14 July 1994, are authorized, as insurers, to contribute to the execution of compulsory health care insurance and allowances.
§ 2. When the supervisory board finds that a national union no longer meets the minimum number of affiliated mutualities, it may order the national union to regularize the situation within a period that it determines and which in no case may exceed six months. This period takes place from the date of notification of the decision to the national union.
When, at the end of the time limit set by the control office, the national union still does not meet the requirement of § 1^er, it is dissolved ex officio on the date fixed by the control office. Article 47, § 1^erParagraphs 2 and 3 are applicable in this case.
§ 3. The mutualities affiliated to the said national union are informed of the dissolution by the control office.
§ 4. The general assembly of each mutuality concerned may, taking into account the rules set out in this Act, decide either on the voluntary dissolution or the transfer to another national union.
In case of transfer to another national union, the provisions of Article 5 shall apply.
In the event of voluntary dissolution, articles 45, 46 and 48 are applicable.
§ 5. In the absence of a decision of the General Assembly of a mutuality affiliated to the date of the dissolution of the national union established by the Office of Control, the mutuality is dissolved ex officio on the date fixed by the Office of Control. Article 47, § 1^erParagraphs 2 and 3 are applicable in this case.
Upon receipt of the decision by which the supervisory board declares the dissolution of office, the mutuality shall inform its members of the obligation of affiliation provided for in the coordinated law of 14 July 1994, as well as of the formalities to be carried out for that purpose before the date referred to in paragraph 1^er.
§ 6. The mutualist companies created, pursuant to Article 43bis, by the mutualities affiliated to the dissolved national union are dissolved ex officio on the date fixed by the supervisory board, unless all the mutualities there are transferred to the same national union. Article 47, § 1^erParagraphs 2 and 3 are applicable in this case. "
Art. 134
In section 7 of the Act, the following amendments are made:
1° to § 1^erParagraph 1^erthe words "under the law of 9 August 1963 referred to above" are replaced by the words "under the coordinated law of 14 July 1994, referred to above";
2° in § 2, the words "or activities" are deleted;
3° in § 3, the words "of this article" are deleted.
Art. 135
Section 10 of the Act is replaced by the following provision:
“Art. 10. The statutes of a mutuality and a national union may only be amended by the General Assembly convened for this purpose, in accordance with the rules prescribed by Article 16 and which deliberates in the forms established by law and statutes.
It cannot be decided on any amendments to the statutes unless half of the members are present and represented and the decision is taken by a two-thirds majority of the votes cast.
If the required attendance quorum is not reached, a second meeting may be convened, in accordance with the rules prescribed by Article 16 and which deliberates validly on the same agenda, regardless of the number of members present and represented. »
Art. 136
In section 11 of the Act, as amended by the Acts of 20 July 1991 and 22 February 1998, the following amendments are made:
1° to § 1^erParagraph 1^er is completed as follows:
"within thirty calendar days after the date of the general assembly or the date of the approval referred to in section 4bis. »;
2° to § 1^er, paragraph 3, the words "a maximum period of thirty calendar days" and the words "45 calendar days" are, respectively, replaced by the words "a maximum period of forty-five calendar days" and the words "30 calendar days";
3° to § 1^er, paragraph 4, the words "Minister of Social Affairs" and the words "in accordance with section 10 of the Act of 16 March 1954" are, respectively, replaced by the words "Minister of Social Affairs, hereafter referred to as "Minister", and by the words "under section 9, § 3, of the Act of 16 March 1954";
4° to § 3, the words "Minister of Social Affairs" and the words "within thirty calendar days from the date of appeal" are replaced, respectively, by the words "Minister" and by the words "within thirty calendar days from the time limit referred to in Article 10, §§ 3 and 4, of the aforementioned Law of 16 March 1954".
Art. 137
In section 12 of the Act, as amended by the Acts of 26 June 1992 and 22 February 1998, the following amendments are made:
1° § 1^erParagraph 2, is repealed;
2° § 2 is replaced by the following provision:
Ҥ2. Any person may be aware of the statutes and the list of directors and obtain a copy thereof, either at the headquarters of the mutuality or national union, or at the preside of the supervisory board on the terms and conditions that the latter detains. "
Art. 138
In section 14 of the Act, as amended by the Act of 22 February 1998, the following amendments are made:
1° to § 1^erthe words "by members and persons of their major or emancipated responsibility" are replaced by the words "by members and persons of their major or emancipated responsibility";
2° 1 § 2bis, is inserted, as follows:
Ҥ 2bis. The general assembly of a mutualist corporation referred to in section 43bis is composed of elected delegates, for a maximum period of six years, by the general assemblies of the mutualities which are affiliated to it, prorated by the number of members affiliated to the mutualist society that counts each mutuality.
The renewal of the general assembly of a mutualist corporation referred to in section 43bis takes place in the second half of the year in which the proceedings of the mutualities which are affiliated are renewed. "
Art. 139
In section 15 of the Act, the following amendments are made:
1° to § 1^er, it is inserted a 5bis°, as follows:
"5bis° the organization and grouping of services in a mutualist society referred to in section 43bis; »;
2° to § 2, is inserted a 5bis°, written as follows:
"5bis° approval of the grouping of affiliated mutuality services in a mutualist corporation referred to in section 43bis; »;
3° § 3 is replaced by the following provision:
Ҥ3. The General Assembly may delegate to the Board of Directors the competence to decide on the adjustments of contributions.
This delegation is valid for one year and is renewable.
Adjustments made by the Board of Directors as part of the delegation referred to in paragraph 1^er are subject to the application of section 11. "
Art. 140
Section 16, paragraph 3, of the Act is supplemented as follows:
“This period is reduced to eight calendar days when the majority required in articles 10, paragraph 2, and 18, § 1^er ", paragraph 1^er, not together. "
Art. 141
In section 17 of the Act, the following amendments are made:
1° to § 1^er, paragraph 2, 1°, 2° and 4°, the words "and activities" are deleted;
2° § 1^erParagraph 2 is supplemented by the following provision:
"5° the report referred to in Article 43, § 4. »;
3° § 2 is replaced by the following provision:
Ҥ2. After approval by the General Assembly, the Board of Directors shall forward these documents, together with the minutes, to the Office of Control, within a time limit that the Board determines. "
Art. 142
In Article 20, § 3, of the same Law, the following amendments are made:
1° to paragraph 1^er, the words "mandatory health insurance, are replaced by the words "mandatory health care insurance and allowances";
2° Paragraph 2 is replaced by the following provision:
"The control board defines the function referred to in the preceding paragraph. "
Art. 143
The following amendments are made to section 25 of the Act:
1st paragraph 1^er is replaced by the following provision:
"Employees who exercise a leadership role within the mutuality are appointed on a consistent basis of the national union to which the mutuality is affiliated and are accountable to the aforementioned national union. »;
2° Paragraph 2 is replaced by the following provision:
"The control board defines the function referred to in the preceding paragraph. "
Art. 144
Section 26 of the Act is replaced by the following provision:
“Art. 26. § 1^er, Approval by the Supervisory Board in accordance with Article 11, of the statutory provisions relating to a new service referred to in Articles 3, paragraph 1^er, b)et c), and 7, §§ 2 and 4, leads to the approval of this service.
§ 2. When a service organized by a national union or by a mutuality no longer complies with the legal and regulatory provisions or all guarantees relating to its proper execution are no longer met, the supervisory authority may decide to withdraw the approval of that service.
The decision of the supervisory board, duly motivated, is notified to the mutuality concerned and to the national union to which the mutuality is affiliated, within thirty calendar days after the decision.
The withdrawal of the licence will result in the dissolution of the service on the date fixed by the Supervisory Board and on the first day of the seventh month following the notification referred to in the preceding paragraph. Article 48, § 2 is applicable in this case.
The withdrawal of the approval and the dissolution of the service are published in the Belgian Monitor, at the initiative of the Office of Control. "
Art. 145
In section 28 of the Act, the following amendments are made:
1° § 1^erParagraph 2 is replaced by the following:
"On the advice of the Supervisory Office, the King, by order deliberately in the Council of Ministers, determines the services concerned, as well as the level that these reserve funds must achieve in relation to the commitments.
These reserves must be covered by equivalent assets.
The control office determines the method of calculating these reserve funds, as well as the parameters to be taken into account. »;
2° § 3 is replaced by the following provision:
Ҥ3. The supervisory board shall determine to what extent and under what conditions, the mutualities shall obtain the financial guarantee of the national union to which they are affiliated for the performance of the obligations relating to the services referred to in Article 3, paragraph 1^er, b), which it determines.
The Supervisory Board shall determine to what extent and under what conditions, mutualist companies in respect of section 43bis shall obtain the financial guarantee of the mutualities which are affiliated to them for the performance of the obligations relating to the services referred to in Article 3, paragraph 1^er, b), which it determines. »;
3° 1 § 4 is added, as follows:
Ҥ4. Under the conditions established by the supervisory authority, mutualities and national unions may apply to reinsurance for services referred to in Article 3, paragraph 1^er, b), which the King determines.
The reinsurance contract and its amendments shall be forwarded to the supervisory authority, within a period determined by the supervisory authority. "
Art. 146
Section 30 of the Act is replaced by the following provision:
"Art. 30. Each mutuality and national union shall, at the end of the accounting year, establish annual accounts according to the model established by the supervisory authority and transmit them to the supervisory authority.
The Supervisory Board shall determine the time limits in which and the form in which the accounting and financial statements, as well as the administrative data and statistical documents that it sets, shall be communicated to it. "
Art. 147
Section 37bis of the Act, inserted by the Act of 25 January 1999, is repealed.
Art. 148
An article 38bis, as follows, is inserted in the same law:
"Art. 38bis. - Within the framework of care abroad, mutualities and national unions apply for the payment of financial interventions in the services referred to in Articles 3, paragraph 1^er, (b) and (c), and 7, § 2, the exchange rates established under the coordinated law of 14 July 1994 referred to above. "
Art. 149
Article 39, § 1^erthe following amendments are made:
1° to paragraph 1^erthe words "or activities, are deleted;
2° in paragraph 2, the words "of the agreements and conventions referred to in Part III, Chapter 4, of the Act of 9 August 1963 referred to above" are replaced by the words "of the conventions and agreements referred to in Part III, Chapter V, of the coordinated law of 14 July 1994, referred to above."
Art. 150
In section 43 of the Act, the following amendments are made:
1° to § 2, the words "according to the model established by the control office" are inserted between the words ". a written cooperation agreement is concluded" and the words "quoting the objective" and the word "in particular", is inserted between the word "quoting" and the words "objective";
2° § 2 is supplemented by the following paragraph:
"The King shall determine, by order deliberately in the Council of Ministers, the services referred to in Articles 3, paragraph 1^er, (b) and (c) and 7, paragraphs 2 and 4, which cannot be the subject of a collaborative agreement. »;
3° § 3 is replaced by the following:
Ҥ3. The cooperation agreement and its amendments are approved or terminated by the general assembly of mutuality or national union and transmitted to the control office.
§ 4. The board of directors of mutuality or national union shall, annually, report to the General Assembly on the execution of agreements concluded, as well as on how the means that have been used to this effect by mutuality or national union.
The King shall determine, on the proposal of the Supervisory Board and after the advice of the Technical Committee referred to in section 54, the minimum data that the aforementioned annual report must contain.
This report and the minutes of the general assembly concerned are forwarded to the control office in accordance with Article 17, § 2. "
Art. 151
In section 43bis of the Act, inserted by the Act of 22 February 1998, the following amendments are made:
1° to § 2, paragraph 1^erthe words “§ 2 and 3” are deleted;
2° § 3 is replaced by the following:
Ҥ3. The pool of mutuality services must be approved by the general assembly of the national union of which they are part.
§ 4. Subject to the approval of the statutes by the supervisory board, the creation of a mutualist corporation under this section comes into force on the first day of the fifth month following the transmission of the statutes to the supervisory board.
However, the statutes may set a effective date after that referred to in paragraph 1^er, provided that it corresponds to the first day of a month and that it is not after the tenth month after the transmission of the said statutes to the control office. "
Art. 152
An article 43quater, as follows, is inserted in the same law:
« § 1^er. For the purposes of this Act:
1° Advertising: any form of communication for the direct or indirect purpose of promoting, either affiliation to a mutuality or mutuality itself, or service, within the meaning of articles 3, paragraph 1^er, (b) and (c), and 7, § 4, organized by a mutuality, a national union or a legal person with whom mutuality or national union has entered into a collaborative agreement;
2° Comparative advertising: any advertisement that in a direct or indirect, explicit or implicit manner identifies, by comparison, one or more other mutuality(s) or national union(s) or a service referred to in 1°;
3° misleading advertising: any advertisement which, in any way, including its presentation, misleads or is likely to induce in error and which, because of this misleading nature, is likely to affect the behaviour of the members or which, for these reasons, damages or is likely to prejudice one or more other mutuality(s) or national union(s).
§ 2. Any comparative or misleading advertising in the head of a mutuality or national union is prohibited.
§ 3. It is also prohibited, in the head of a mutuality or national union, to advertise:
1° relating to the content of statutory provisions that have not yet been approved by the control office;
2° under another denomination than that in the statutes.
§ 4. For the purposes of this Act, is also considered to be an advertisement in the head of a mutuality or national union, an advertisement referred to in §§ 2 and 3, carried out by a legal person with whom the mutuality or national union has concluded an agreement of collaboration, by a mutualist society referred to in section 43bis or by any other third party. "
Art. 153
An article 43quinqies, as follows, is inserted in the same law:
"It is prohibited for mutualities and national mutuality unions to provide benefits of a kind to encourage individual transfers, as referred to in sections 255 to 274 of the Royal Decree of 3 July 1996 implementing the Law on Compulsory Health Care and Allowances, coordinated on 14 July 1994, as well as to grant benefits of a nature to encourage persons, registered as dependants in a mutuality,
For the purposes of this Act, are also considered to be benefits referred to in paragraph 1^erthe benefits of the same nature that are granted by a legal person with whom mutuality or national union has entered into a collaborative agreement or by a mutualist society referred to in section 43bis.
The Board of the Supervisory Board sets out the conditions under which the benefits of the services referred to in Articles 3, paragraph 1^er, b), and c), and 7, § 4, which it determines is considered to be the granting of benefits referred to in paragraph 1^er. "
Art. 154
In section 44 of the Act, as amended by the Act of 22 February 1998, the following amendments are made:
1° to § 1^erthe words “§ 2 and 3” are deleted;
2° § 2 is supplemented by the following paragraph:
"The approval of the merger is published, at the initiative of the control office, by extract to the Belgian Monitor within thirty calendar days of the approval decision. "
Art. 155
In article 45, paragraph 2, of the same law, the words "12, §§ 2 and 3" are replaced by the words "12, § 1^er "
Art. 156
A chapter Vbis, as follows, is inserted in the same law:
"Chapter Vbis. - From the prescription
Art. 48 bis. § 1^er. Action in payment of financial interventions and allowances for services referred to in sections 3, paragraph 1^er, (b), and (c), and 7, § 2, is prescribed by two years from the end of the month in which the right to payment is born.
The action in payment of sums that would bring to a higher amount the payment of financial interventions and allowances that was granted in the services referred to in sections 3, paragraph 1^er, (b) and (c), and 7, § 2, is prescribed by two years from the end of the month in which the payment was made.
§ 2. Recovery of the value of unduly awarded financial interventions and allowances in the services referred to in sections 3, paragraph 1^er, (b) and (c), and 7, § 2, is prescribed by two years from the end of the month in which the payment was made.
This requirement is not applicable where the undue provision of financial interventions and allowances has been caused by fraudulent manoeuvres to which the person who has benefited. In this case, the limitation period is five years from the end of the month in which the payment was made.
§ 3. Payment of contributions for services referred to in sections 3, paragraph 1^er, (b) and (c), and 7, § 2, shall be prescribed by five years from the end of the month to which unpaid contributions relate.
§ 4. Reimbursement of unduly paid contributions for services referred to in sections 3, paragraph 1^er, (b) and (c), and 7, § 2, shall be prescribed by five years from the day the payment of undue contributions has been made.
§ 5. A recommended letter to the post is sufficient to interrupt the prescription. The interruption can be renewed.
§ 6. The prescription is suspended because of force majeure. "
Art. 157
Article 49, § 1^erParagraph 2 of the Act is replaced by the following provision:
"The supervisory office, which is located in Brussels, is a public interest agency that enjoys legal personality, within the meaning of Article 1^erc, of the Act of 16 March 1954, relating to the control of certain public bodies. However, the King may, by order deliberately in the Council of Ministers, establish a specific monetary status for the staff of that body. "
Art. 158
In section 50 of the Act, the following amendments are made:
1° § 2, paragraph 2, is replaced by the following provision:
"The operating costs that exceed the maximum amount so set are borne by the Ministry of Social Affairs, Public Health and the Environment. »;
2° § 3 is repealed.
Art. 159
In section 52 of the Act, the following amendments are made:
1° to 3°, the words "under the law of 9August 1963" are replaced by the words "under the coordinated law of 14 July 1994, referred to above";
2° to 7°, the words "of the aforementioned law of 9 August 1963" are replaced by the words "of the coordinated law of 14 July 1994, referred to above";
3° to 8°, the words "mandatory disability insurance" are replaced by the words "mandatory health care insurance and allowances".
Art. 160
In Article 53, paragraph 2, of the Act, the words "Article 60, § 3" are replaced by the words "Article 60quinquies, § 2".
Art. 161
In section 55 of the Act, the following amendments are made:
1° a 3°bis, as follows, is inserted:
"3°bis a representative of the Caisse des soins de santé de la société nationale des chemins de fer Belgique; »;
2° to 5°, the words "of the Ministry of Social Welfare" are replaced by the words "of the Ministry of Social Affairs, Public Health and the Environment".
Art. 162
Section 60 of the Act is replaced by the following provision:
"When the Board of the Supervisory Board finds that a national union or mutuality that is affiliated to it does not act in accordance with its statutory objectives or does not comply with the obligations imposed by this Act or its Implementing Orders or the accounting and financial provisions of the Coordinated Act of 14 July 1994, it may by reasoned decision, depending on the nature and gravity of the offence:
1° to make an administrative fine under Article 60bis, in charge of the national union;
2° if it is not an offence referred to in Article 60bis, grant to the national union or mutuality, in order to regularize the situation, a time limit for which it sets the duration and which takes place on the date of notification of the decision and to pronounce on the charge of the national union, when the requested regulation is not carried out after the period granted, an administrative fine referred to in paragraph 2
3° appoint a special commissioner;
4° withdraw the approval of the service concerned.
An administrative fine pursuant to this article is enforceable in full law. "
Art. 163
Sections 60bis to 60quinquies, as follows, are inserted in the same law:
"Art. 60bis. - An administrative fine of 2,000 Belgian francs to 10,000 Belgian francs may be imposed by advantage granted in violation of the provisions of article 43quinqies.
An administrative fine of 4,000 Belgian francs to 20,000 Belgian francs may be imposed for each breach of the provisions of Article 17, § 2.
An administrative fine of 20,000 Belgian francs to 100,000 Belgian francs may be imposed:
1° for any comparative advertising made in contravention of the provisions of Article 43quater, § 2;
2° for any advertisement made in violation of the provisions of Article 43quater, § 3.
An administrative fine of 60,000 Belgian francs to 300,000 Belgian francs may be imposed for each offence committed under section 43ter.
An administrative fine of 100,000 Belgian francs to 500,000 Belgian francs may be pronounced for any misleading advertisement made in violation of the provisions of article 43quater, § 2.
Art.60ter. - When pursuant to Article 60, 2°, a time limit is granted to a mutuality to regulate a situation, the board of the supervisory board shall inform the national union to which it is affiliated. The trustee may decide to suspend the exercise of the competences of the mutuality bodies and to replace them for a specified period of time with a view to ensuring regularization.
When at the end of the said period, the regularization requested is not carried out by mutuality or national union, the national union shall be liable to an administrative fine of 500 Belgian francs to 5,000 Belgian francs per day, beginning on the day after the expiry of the deadline and until the full regulation.
Art. 60quater. - The King shall, on the proposal of the Board of the Supervisory Office, establish the procedure for the pronouncement, the deadlines and payment of administrative fines provided for in this Act.
In the event of examination of several offences referred to in Article 60bis and in the event of examination of one or more of these offences with an offence punishable by an administrative fine referred to in Article 60ter, paragraph 2, the amounts of administrative fines shall be accumulated without, however, exceeding 800,000 Belgian francs.
In the case of recidivism in the year following the pronouncement, the administrative fine of the head of the new offence shall be at least double the fine recently imposed, but shall not exceed the maximum amount for the offence under section 60bis or section 60ter, paragraph 2.
An administrative fine may no longer be imposed two years after the constitutive act of the offence has been committed. The limitation is interrupted by the supervisory authority by notifying, by registered letter, the finding of the offence. The interruption can be renewed.
The proceeds of administrative fines are the responsibility of the supervisory board.
Art. 60quinquies. § 1^er. The national union which contests the decision by which an administrative fine is imposed, as soon as it is due, is brought an appeal by way of application to the competent labour court in the month of notification of the decision.
The action before the Labour Court is not suspensive.
§ 2. An appeal may be appealed to the Minister by mutuality or national union against decisions made pursuant to section 60, 3°.
The appeal referred to in paragraph 1^er shall be lodged within fifteen calendar days after notification of the decision. He's not suspensive.
The Minister shall rule within thirty calendar days after the appeal. "
Art. 164
In article 61, § 3, of the same law, the words "unification or" are deleted.
Art. 165
Section 62 of the Act is replaced by the following provision:
"Art. 62. - Without prejudice to the other measures provided for by law and the regulations, including those provided for in Article 60, the supervisory board may, with a notice of one month, publish to the Belgian Monitor, in the newspapers and publications of its choice, and display in the places and for the duration it determines, the injunctions made to which the national union or the mutuality concerned has not given any action or action.
The cost of publication and display is recovered by the control office from the national union concerned. "
Art. 166
Section 70 of the Act, as amended by the Act of 22 February 1998, is replaced by the following provision:
"Art. 70. § 1^er. Maintain the quality of "a mutualist society":
(a) the mutualist society which, as at 31 December 1990, was recognized as such within the meaning of Article 1^er of the Act of 23 June 1894 referred to above, which was not affiliated to a federation recognized under section 3 of that Act, which organizes at least a service as defined in section 3, paragraph 1 (b), and whose statutes limit affiliation:
1° to the staff of a specified business, their spouse and dependants, and to the spouses and dependants of other persons who are members of the date of entry into force of this provision;
2° to persons exercising a specified profession, their spouse and dependants, and to spouses and dependants of other persons who are affiliated with the date of entry into force of this provision;
3° to members of the mutualities affiliated to the corporation on the date of entry into force of this provision and to their dependants, to members of the staff, affiliated to the date of entry into force of this provision, of undertakings to which that corporation is addressed at the date referred to above and to their spouse and dependants, as well as to the spouse and dependants of the other persons who are affiliated with that date;
(b) mutualist societies which, as at 31 December 1990, were recognized as such within the meaning of Article 1^er of the Act of 23 June 1894 referred to above, were affiliated to a federation recognized under section 3 of the Act and which organize at least a service as defined in section 3, paragraph 1^er(b), which has a minimum of 5,000 members;
§ 2. Obtains the quality of "a mutual society", the mutuality that is merged with one or more mutualities and that still organizes at least one service referred to in Article 3, paragraph 1^er(b).
Obtains also the quality of "a mutualist corporation", the entity constituted under section 43bis and which organizes at least one service referred to in section 3, paragraph 1^er(b).
§ 3. The quality of a mutualist society referred to in § 1^er, b), may be maintained only with the agreement of the national union and the mutuality to which the corporation concerned is affiliated.
The quality of a mutualist society referred to in § 2 can only be obtained and maintained through the agreement of the national union.
§ 4. The provisions of this Act and its enforcement orders are applicable to mutualist companies.
The King shall determine, on the proposal of the Office of Control, what articles of this Act are not applicable to them.
It may also establish specific provisions that regulate the relationship between the mutualist corporation and the mutuality to which it is affiliated.
§ 5. Mutual societies that do not meet the conditions set out in this article shall be dissolved on the date determined by the King, in accordance with the notice of the Office of Control.
In case of dissolution of a mutualist society referred to in Article 70, § 1^er, b), its heritage, rights and obligations, as well as its members, are taken over by the mutuality to which this mutualist company was affiliated. "
Art. 167
In Article 59-1, of the Order of the Régent of June 26, 1947 containing the code of stamp rights, it is inserted a 51°ter, as follows:
"51°ter les excerpts des registres de l'état civil et des registres tenues par les fonctionnaires de l'état civil, les certificats de bonne conduct ou de moraleité délivrées par les bourgmestres ou leurs délégués et de façon générale, tous les actes établie ou délivrés pour l'exe de la loi du 6 août 1990 relative aux mutualités et aux unions nationales de mutualités et ses arrêtés d'exe; "
CHAPTER IV. - Measures relating to
at the rate of activity in the public sector
Art. 168
The King is empowered to take, by order deliberately in the Council of Ministers, all necessary measures, including the introduction or expansion of leave opportunities, which are part of a policy to support the overall rate of activity of employers' employees referred to in Article 2.
The authorisation conferred on the King by the preceding paragraph allows him to amend the laws, repeal them or grant an exemption from their execution.
This authorization expires on 30 June 2001.
Orders made under paragraph 1^er cease to produce their effect no later than 1^er April 2002, if they have not been confirmed by law by the date referred to above.
TITRE X. - Employment and work
CHAPTER 1^er. - Length of work in construction
Art. 169
In article 2 of Royal Decree No. 213 of 26 September 1983 on the duration of work in enterprises that are members of the Joint Construction Commission, the following amendments are made:
1° paragraph 3 is completed as follows:
"up to 2000";
2° The following paragraphs shall be inserted between the fourth and fifth preambular paragraph.
"For each year after 2000, the workers referred to in Article 1^er are entitled to six days' rest.
The King shall determine, after notice of the parity commission, the date on which these days of rest shall be taken for each year after 2000. "
Art. 170
In section 6 of the same order, the following amendments are made:
1° in paragraph 14, the words "up to 2000" are inserted between the words "1992" and "it determines";
2° the following paragraph shall be inserted between the fourteenth and fifteenth paragraphs:
"For the years after 2000, the contribution is equal to 2.6 per cent of the amount increased to 108 per cent of the total remuneration reported to the Agency for the fourth quarter of the previous year and for the first, second and third quarter of the year concerned, for the workers referred to in section 1^er. This contribution is collected every quarter, together with social security contributions. "
CHAPTER II. - Establishment of the budget fund
public sector - Maribel social
Art. 171
§ 1^er. It is created a Fund fed by the proceeds of the reductions of employers' contributions to which employers in the public sector affiliated with the SONS, other than those of hospitals and psychiatric care homes in the public sector affiliated with the SONS, which constitutes a budgetary fund within the meaning of Article 45 of the Acts on State Accounting, coordinated on 17 July 1991.
§ 2. The table annexed to the Act of 24 December 1993 establishing budgetary funds and amending the Organic Law of 27 December 1990, section 23C Employment and Labour, is supplemented as follows:
« Name of the Organic Budget Fund 23-8 - Funds powered by the product of reductions in employers' contributions to which some public sector employers affiliated with the ASB can claim."
Nature of income affected
Produced by the reduction of employers' contributions to public sector employers affiliated with the ASOs other than those of public sector psychiatric care hospitals and homes affiliated to the ASB, as part of the measures to promote employment in the non-marchand sector.
Nature of authorized expenditures
Costs resulting from the engagement of additional staff by public sector employers affiliated with the ASOs other than hospitals and psychiatric care homes in the public sector affiliated with the ASB, as part of measures to promote employment in the non-marchand sector and administrative and personnel costs of the organic budget fund.
CHAPTER III. - Adaptation of legislation based on the allocation of domestic employee status to au pair youth
Art. 172
Article 1^er, § 3 of Royal Decree No. 483 of 22 December 1986 to reduce employers' contributions to social security when hiring domestic workers, is supplemented by a new paragraph, which reads as follows: "By derogation from the preceding paragraph, the King sets out the conditions to which the worker must answer if the worker is a foreign worker who is a young au pair. "
Art. 173
Article 112, § 1^er, 2° of the Income Tax Code 1992 is replaced by the following text:
"2° the domestic worker who entered service meets the conditions set out in Article 1, § 3, Royal Decree No. 483 of 22 December 1986 to reduce employers' contributions to social security when hiring domestic workers."
Art. 174
Articles 172 and 173 come into force on the date fixed by the King.
CHAPTER IV. - Abolition
system of service cheques, former
Art. 175
Sections 50, 51, 52, 53 and 54 of the Act of 26 March 1999 on the Belgian Employment Action Plan 1998 and with various provisions are repealed from 1^er August 1999.
The previous paragraph does not prejudice the possibility for registered users before 1^er August 1999 to use a single cheque service, provided that it was acquired before June 15, 2000 and for registered companies to obtain the refund from the publisher provided that it is valid.
CHAPTER V. - Plan-plus
Art. 176
Section 119 of the Program Law of 30 December 1988 is supplemented as follows:
"(e) job seekers whose entitlement to benefits has been suspended for long-term unemployment under the provisions of Chapter III, Section 8, of the Royal Decree of 25 November 1991 regulating unemployment or on the basis of Article 143 of the Royal Decree of 20 December 1963 concerning employment and unemployment;
(f) persons wishing to reintegrate into the employment market and who simultaneously meet the following conditions:
- they demonstrate that they have, at some point during their professional careers, 312 workdays or days as defined in the regulation of unemployment during a period of 18 months, or that they have benefited from at least one unemployment benefit on the basis of their work benefits, outside the period covered under the second draw;
- at the time of the undertaking, they do not have for a period of not less than 24 months without interruption benefited from unemployment benefits or carried out employment benefits as an employee or independent;
- at the time of the engagement, they are registered as job seekers. "
CHAPTER VI. - Plan-plus-two, plan-more-three
Art. 177
Article 6, § 1^er, paragraph 1 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 supplemented as follows:
"14th job seekers whose right to benefits was suspended for long-term unemployment under the provisions of Chapter III, Section 8, of the Royal Decree of 25 November 1991 regulating unemployment or on the basis of Article 143 of the Royal Decree of 20 December 1963 concerning employment and unemployment;
15° people wishing to reintegrate into the employment market and who simultaneously meet the following conditions:
(a) they demonstrate that they have, at some point during their professional careers, a total of 312 workdays or days as defined in the regulation of unemployment over a period of 18 months, or that they have benefited from at least one unemployment benefit on the basis of their work benefits, outside the period referred to in (b);
(b) at the time of the undertaking, they do not have a period of not less than 24 months without interruption benefited from unemployment benefits or performed work benefits as an employee or independent;
(c) at the time of the engagement, they are registered as job seekers. "
CHAPTER VlI. - Career interruption
for political mandate at the municipal level
Art. 178
In chapter 4, section 5, subsection 2, of the Recovery Act of January 22, 1985, an article 100ter is inserted, as follows:
"Art. 100ter. § 1^er. A worker has the right to fully suspend his employment contract with a view to exercising a communal executive mandate as referred to in Article 6bis of the Act of 19 July 1976 establishing leave for the exercise of a political mandate. However, in this case the allocation referred to in section 100 is not granted.
§ 2. The period during which the worker may suspend his employment contract is equivalent to the duration of the communal executive term and the right to suspend the employment contract referred to in § 1^er is granted only once."
Art. 179
In section 101 of the Act, the following amendments are made:
A. in paragraph 1^er, the words "in application of section 100, paragraph 1^er and 100bis are replaced by the words "in accordance with sections 100, paragraph 1^er100bis and 100ter;
B. in paragraph 2, second dash, the words "in case of application of article 100bis and 105, § 1^er are replaced by the words "in case of application of articles 100bis, 100ter and 105, § 1^er »;
C. in paragraph 3, the words "the suspension referred to in sections 100 and 100 bis" are replaced by the words "the suspension referred to in sections 100, 100 bis and 100ter".
Art. 180
In section 101bis of the Act, the words "as provided for in section 100 and 100bis" are replaced by the words "as provided for in sections 100, 100bis and 100ter".
CHAPTER VIII. - Availability
Art. 181
Article 31, § 1^er, of the Act of 24 July 1987 on temporary work, interim work and the provision of workers at the disposal of users, as amended by the Act of 13 February 1998, is supplemented by the following paragraph:
"Do not, however, constitute the exercise of an authority within the meaning of this section, the third party's compliance with its obligations with respect to well-being at work and the instructions given by the third party under the contract that binds it to the employer, with respect to working times and rest periods, and with respect to the performance of the work agreed upon. »
Art. 182
In Article 32, § 1^erthe same Act, as amended by the Act of 13 February 1998, are amended by:
1st paragraph 1^er is completed as follows:
"a collective labour agreement concluded within the National Labour Council may specify the notion of limited duration. »;
2° paragraph 2, (b), is completed as follows:
« ; a collective labour agreement concluded within the National Labour Council may specify the concepts of momentary execution and specialized tasks requiring a momentary professional qualification. "
CHAPTER IX. - Transition programmes and made available
Art. 183
§ 1^er. By derogation from the provisions of section 31 of the Act of 24 July 1987 on temporary work, interim work and the provision of workers at the disposal of users, the Minister who has the Employment and Labour in his or her powers may authorize employers referred to in section 2 of the Royal Decree pursuant to section 7, § 1^er, 3^e paragraph (m) of the Decree-Law of 28 December 1944 concerning the social security of workers with regard to transitional programmes, to make available to users of workers at work, within the framework of this Order, in a transition program.
It determines the duration of this authorization and may submit it to conditions that it establishes itself.
It may terminate its authorization when the employer fails to comply with the conditions set out in the authorization or when the authorization does not comply with the legal, regulatory or treaty obligations imposed on it.
§ 2. General conditions for the application of § 1^er are established after consultation with the regions.
CHAPTER X. - Employment hospitals public sector
Art. 184
The table annexed to the Act of 24 December 1993 establishing budgetary funds and amending the Organic Act of 27 December 1990 establishing budgetary funds, section 26 - Social Affairs, Public Health and Environment, is supplemented as follows:
« Name of the Organic Budget Fund 26-6: Hospitals and public-sector psychiatric care homes affiliated to the National Social Security Office.
Nature of income affected:
Output of the reduction of employers' contributions to employers in the hospital and psychiatric care sector of the public sector affiliated with the National Social Security Office as part of measures to promote employment in the non-marchand sector.
Nature of authorized expenditures:
Costs resulting from the engagement of additional staff by employers in the hospital and psychiatric care sector of the public sector affiliated with the National Social Security Office as part of measures to promote employment in the non-marchand sector and administrative and staff costs of the Organic Budget Fund. "
Art. 185
Section 184 produces its effects on 1^er January 1999.
CHAPTER XI. - Provision of workers difficult to place at the disposal of users for their reintegration into the labour market and organizing an interim insertion
Section I^re. - Making workers difficult to put at the disposal of users for their reintegration into the labour market
Art. 186
By derogation from section 31 of the Act of July 24, 1987 on temporary work, interim work and the provision of workers at the disposal of users, the Minister who has the Employment and Labour in his duties may authorize employer groupings to make workers available to users. The Minister shall determine the duration of such authorization.
The King may, by deliberate order in the Council of Ministers, determine the conditions under which such authorization is granted.
The Minister may terminate his or her authorization when the group of employers does not meet the conditions set out in the authorization or legal, regulatory and treaty obligations that he or she is responsible for.
Art. 187
To benefit from an authorization as provided for in section 186, the grouping of employers must have the form of an economic interest group within the meaning of the Economic Interest Groups Act of July 17, 1989 and have the sole purpose of placing workers at the disposal of its members.
The King may, by order deliberately in the Council of Ministers, subject economic interest groups to additional conditions for the application of this Act.
Art. 188
Workers made available to users as part of the authorization given under section 186 must be long-term unoccupied job seekers, beneficiaries of the minimum means of existence or beneficiaries of financial social assistance, with the exception of workers responsible for the management and supervision of other workers made available to the user.
The King defines what must be heard by long-term unoccupied job applicant, beneficiary of the minimum means of existence or beneficiary of financial social assistance.
Art. 189
The employment contract between the employer group and the worker who is to be made available to users must be found in writing prior to the commencement of the performance of this contract.
It must be concluded for an indefinite and full-time period.
It must be specified that the contract is entered into to make the worker available to users. The King determines the activities to which workers can be occupied between two periods during which they are made available to a user.
By derogation from sections 40, 59 and 82 of the Act of 3 July 1978 relating to employment contracts, the worker may terminate the employment contract referred to in paragraph 1 on a seven-day notice of the day following the notification, if the worker has found another employment.
Art. 190
In the Minister's authorization under section 188, the Minister determines the parity body for workers in the employer group.
If all users fall within the same unit, the Minister cannot determine another body.
If all users do not fall within the same parity, the Minister must determine the appropriate parity unit among the users.
The King may set rules to determine the appropriate parity organ.
Art. 191
The user shall be liable in respect of the worker made available to him, for the obligations set out in section 19, paragraph 1^er and 2 of the Act of 24 July 1987, on temporary work, interim work and the provision of workers to users.
Art. 192
The contract between the employer group and the user must be found in writing before the worker is made available to the user.
It determines the duration of the disposition that cannot exceed the period of validity of the authorization given by the Minister. The contract may be renewed, within the Minister's authorization.
Art. 193
The user and worker at his disposal are considered to be engaged in the ties of an indeterminate employment contract when:
1° the user continues to occupy a worker while the employer group notified him of his decision to remove the worker;
2° the worker is occupied by the user outside the period provided by the contract referred to in section 192 or outside the period of validity of the authorization given by the Minister.
Section II. - Inert insertion
Art. 194
§ 1^er. By derogation from the provisions of Chapter II, Section 1st of the Act of July 24, 1987 on temporary work, interim work and the provision of workers at the disposal of users, an indeterminate and full-time employment contract may be concluded between the interim work undertaking and a long-term unoccupied employment applicant, a beneficiary of the minimum means of existence or a beneficiary of financial social assistance.
The King defines what must be heard by long-term unoccupied job applicant, beneficiary of the minimum means of existence or beneficiary of financial social assistance.
§ 2. This contract is subject to the provisions of the Labour Contracts Act of 3 July 1978. However, whenever the worker is made available to a user, it must be established, on the day on which the worker is made available, a contract of employment, in accordance with the provisions of section 9 of the Act of 24 July 1987.
By derogation from sections 40, 59 and 82 of the Act of 3 July 1978 on labour contracts, the worker may terminate the employment contract referred to in paragraph 1^er, on a seven-day notice taking place the day after the notification, if he found another job.
§ 3. During the installation of the worker at the disposal of a user, the provisions of Chapter II of the Act of 24 July 1987 apply to regulate the rights and obligations of the worker, the interim work undertaking and the user, with the exception of those relating to the termination of the interim work contract.
Art. 195
The provisions of this chapter come into force on 1^er October 2000.
If, at that date, a collective labour agreement regulating the conditions of pay for acting workers referred to in section 194 during periods during which they are not made available to a user, could not be entered into within the parity board for acting work, the King shall determine a parity reference commission whose terms of pay shall apply to acting workers referred to in section 194.
CHAPTER XII. - Amendments to the Act of 3 July 1978 on labour contracts and the Act of 8 April 1965 establishing the working regulations for the transfer of Directive 91/533 "Elements de proof de la relation du travail", adopted by the Council of 17 October 1991
Art. 196
An article 20bis, as follows, is included in the Act of 3 July 1978 on labour contracts:
"Art. 20bis. - When the worker is required to work in a foreign country for a period exceeding one month, the employer is required to give the worker, before the worker leaves, a written statement stating:
- the duration of work performed abroad;
- the currency for payment of remuneration;
- the potential benefits associated with the mission abroad;
- if necessary the conditions for repatriation of the worker. "
Art. 197
Section 6, 4°, of the Act of 8 April 1965 establishing labour regulations is replaced by the following provision:
"4° (a) the duration of the notice period or the method of determining the notice period or the reference to the legal and regulatory provisions in this regard;
(b) serious grounds that may justify the termination of the contract without notice by either party, subject to the discretion of the courts; "
Art. 198
Section 6, 10°, of the Act is replaced by the following provision:
"10° (a) the duration of the annual holidays as well as the terms and conditions for the allocation of such holidays or the reference to the legal provisions in this matter;
(b) the date of collective annual holidays; "
Art. 199
Section 6 of the Act is supplemented as follows:
"16th mention of collective labour agreements and/or collective agreements concluded within the company and governing working conditions. "
Art. 200
Section 14, 2°, p), of the Act is replaced by the following provision:
"(p) the duration of the annual holidays as well as the terms and conditions for the allocation of these holidays or the reference to the legal provisions on the matter and the date of the collective annual holidays. "
Art. 201
Section 14, 2°, of the Act is supplemented as follows:
"(q) the duration of notice periods or the terms and conditions for determining notice periods or the reference to legal and regulatory provisions in this regard;
(r) mention of collective labour agreements and/or collective agreements concluded within the company and governing working conditions. "
CHAPTER XIII. - Activation of unemployment benefits
Art. 202
Article 7, § 1^erbis of the Decree-Law of 28 December 1944 on the social security of workers, is supplemented by a paragraph, which reads as follows:
"For the insertion projects it sets, the King may, in accordance with the terms and conditions it determines, oblige the employer, who, in accordance with paragraph 3, may deduct the allowance on the worker's salary, to transfer the amount corresponding to the third party, which guarantees the right to work of the unemployed person put at work in the insertion project. "
PART XI. - Social integration and social economy
CHAPTER 1^er. - Minimum means of existence
Art. 203
Section 2 of the Act of 7 August 1974 establishing the right to a minimum of means of existence, as amended by the Acts of 22 February 1998, 25 January 1999 and 24 December 1999, are amended as follows:
1° to § 5, the following paragraph shall be inserted between paragraphs 1^er and 2:
"For insertion programs determined by the King, the payment of the minimex may be made directly to the employer or agency that guarantees the right to work";
2° to § 5, paragraph 2 old, became paragraph 3, the words "paragraph 1^er are replaced by the words "paragraphs 1^er and 2";
3° in § 5bis, paragraph 4, of the same article, the terms " referred to in paragraph 5, paragraph 1^er are replaced by the words "paragraph 5, paragraph 1^er and 2".
Art. 204
In Article 18, § 4, of the same Law, the following amendments are made:
1° to paragraph 1^er, the words "to 100%" are replaced by the words "to the minimum amount of means of existence fixed in Article 2, § 1^erParagraph 1^er1°, of the law";
2° paragraph 1^er is completed as follows:
"The King can raise the amount of subsidy to a higher amount and set the conditions for social reintegration work. "
Art. 205
In Article 5, § 4, of the Law of 2 April 1965 on the Care of Relief granted by Public Social Welfare Centres, inserted by the Law of 20 July 1991 and amended by the Laws of 24 May 1994, 25 January 1999 and 24 December 1999, the following amendments are made:
1° to paragraph 3, the words "to 100%" are replaced by the words "to the minimum amount of means of existence defined in Article 2, § 1^er, paragraph 1 er, 1°, of the law of 7 August 1974 establishing the right to a minimum of means of existence";
2° Paragraph 3 is supplemented as follows:
"The King can raise the amount of subsidy to a higher amount and set the conditions for social reintegration work. "
Art. 206
In Article 12, paragraph 3 of the Act, inserted by the Act of 15 December 1986, the words "or Article 5, 2°" are replaced by the words "or Article 5, § 1^er, 2°, and § 4, paragraph 2.
Art. 207
The following amendments are made to section 57quater of the Act of 8 July 1976, which is an organic part of the public welfare centres, as amended by the Act of 24 December 1999.
1° in paragraph 2, the following paragraph shall be inserted between paragraphs 1^er and 2:
"For integration programs determined by the King, payment of the financial amount of social assistance can be made directly to the employer or agency that guarantees the right to work";
2° to old § 2, paragraph 2, which becomes paragraph 3, the terms "by the same order" are deleted;
3° in paragraph 3, paragraph 4, the words "financial aid in § 2, paragraph 1^er are replaced by the words "financial aid in § 2, paragraph 1^er and 2".
Art. 208
This chapter comes into force on 1^er September 2000.
CHAPTER II. - Disability allowances
Art. 209
In section 28 of the Act of 27 February 1987 on Disability Allowances, amended by the Acts of 22 December 1989 and 30 December 1992, the following amendments are made:
1° to paragraph 2, the words "ordinary, special, and/or an allowance for the assistance of a third person, referred to in section 2 of the Act of 27 June 1969" are inserted between the words "an allowance" and "who took courses";
2° paragraphs 3 and 4 are replaced by the following paragraphs:
"For persons with disabilities who receive a supplementary allowance, an allowance to supplement the guaranteed income to older persons and/or an allowance for the assistance of a third person, continue to receive these allowances to the amounts liquidated by the National Board of Pensions as of 30 June 2000 until, on the occasion of a review made on their application or on their own behalf, a decision under this Act has been taken against them.
However, the amounts referred to in the preceding paragraph vary in accordance with the provisions of the Act of 2 August 1971 organizing a linkage regime to the index of prices to the consumption of salaries, 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. 210
Section 39bis of the Royal Decree of July 6, 1987 on income replacement allowance and integration allowance is repealed.
Art. 211
This chapter produces its effects on 1^er July 2000.
CHAPTER III. - Social Economy Fund
Art. 212
§ 1^er. It is created a Social Economy Fund which constitutes a budgetary fund within the meaning of Article 45 of the State Accounting Acts, coordinated on 17 July 1991.
§ 2. The table annexed to the Act of 24 December 1993 establishing budgetary funds and amending the Organic Law of 27 December 1990, section 26C Social Affairs, Public Health and Environment, is supplemented as follows:
« Name of the Organic Budget Fund: 26-5 Social Economy Fund
Nature of income affected
Amounts paid by the Commission of the European Communities (ESF) under Article 146 of the Treaty of 25 March 1957 establishing the European Community pursuant to the new programming 2000-2006 and amounts reimbursed by third parties for undue payments.
Nature of expenditure
Credits to cover the expenses of the Social Economy Fund in the execution of the projects or initiatives of the 2000-2006 programme FSE to insert the minimex in the framework of Article 60, § 7, of the organic law of 8 July 1976 of the public welfare centres.
Special clause
The Social Economy Fund can present a debt balance limited to 200 million francs. "
PART XII. - Consumer protection,
public health and the environment
CHAPTER 1^er. - Financing of the Veterinary Expertise Institute
Art. 213
Article 1^er of the 28 September 1999 Royal Decree on the Financing of the Veterinary Expertise Institute, the following amendments are made:
(a) 5° is supplemented by the following provision:
"and considering that each slaughter session lasts at least one hour; »;
(b) the 7° is replaced by the following provision:
"7° slaughter rate: the number of animals slaughtered per month divided by the duration of slaughter, by multiplying the duration of slaughter by the number of evisceration lines for slaughter chains subdivided into several evisceration lines. "
Art. 214
Article 2, § 4, of the same order, is replaced by the following provision:
“§4. The rights referred to in Article 2, §§ 1^er, 1°, 2, 1° and 3, are increased by 900 F per animal or animal group, where the slaughter operator does not present a valid identification document. "
Art. 215
In section 3 of the same order, the following amendments are made:
(a) § 1^er, paragraph 2, is replaced by the following paragraph:
"Rights collected under 1° per slaughter chain cannot be less than the slaughter period multiplied by 1,800 F. However, for slaughterhouses with a slaughter rate that is not more than 1,200 poultry units, these rights cannot be less than 1,800 F per day of slaughter. »;
(b) § 4 is replaced by the following provision:
“§4. The rights referred to in Article 3, §§ 1^er, 1°, and 2, 1°, are increased by 900 F per animal or group of animals, when the slaughter operator does not present a valid identification document. "
Art. 216
Article 7, § 1^erthe following amendments shall be made to the same order:
(a) in paragraph 2, the words "with the exception of that as a repackaging centre" are inserted between the words "the establishment" and the word "by";
(b) Paragraph 4 is replaced by the following provision:
"The amounts referred to in (a) to (e) are reduced to 1/3 for establishments in which other animal-processed issues for human consumption are manufactured, warehouses, refrigerated warehouses and repackaging centres. »;
(c) in paragraph 6, the words "reduced to 70%" are replaced by the words "reduced to 70%, unless the reduction to 1/3, referred to in paragraph 4, is applied to it. "
Art. 217
In section 9 of the same order, the following amendments are made:
(a) the 3° is replaced by the following provision:
"3° to the operator of the establishments referred to in section 7: 0.10 F per kg of meat or fish entered in the previous year in the establishment, taking into account that the amount collected cannot in any case exceed 130 % of the control fee. »;
(b) the item is supplemented by the following paragraph:
"Dependant of the establishment operator referred to in paragraph 1^er, 3°, approved for the first time, it is collected in the first calendar year, from the quarter following that in which the approval was granted, a lump sum of 36,000 F.".
Art. 218
In Article 11, § 5, (c), of the same order, the words "Article 8, 1°, 3° and 4°" are replaced by the words "Article 8, 1° and 3°".
Art. 219
In section 12 of the same order, the following amendments are made:
(a) in paragraph 1 er, the words "in articles 2 to 5, 7, 8, 1°, 3° and 4°" are replaced by the words "in articles 2 to 5, 7, 8, 1° and 3°";
(b) paragraph 2 is repealed.
Art. 220
Chapter IV of the Schedule to the Order is replaced by the following chapter:
“Chapter IV. - Amount referred to in Article 3, § 1^er, 1°, a)
For the consultation of the table, see image
Art. 221
The articles of this chapter produce their effects on 10 January 1999.
Art. 222
With the exception of section 15, the Royal Decree of September 28, 1999 on the financing of the Veterinary Expertise Institute, as amended by this Act, is confirmed.
CHAPTER II. - Organic Fund for Drugs
Art. 223
The following amendments are made in the Act of March 25, 1964:
1° Article 2, paragraph 4, inserted by the law of June 21, 1983, is repealed;
2° to Article 6, § 2, inserted by the Royal Decree of 8 August 1997, the words "in penitentiary centres" are inserted after the words "in rest and care homes";
3° in Article 14, § 3, the words "in the three days" are replaced by the words "in the fifteen days".
Art. 224
§ 1^er. To finance the administration's missions in the context of medical devices, a fee of 0.05% of the turnover made in the Belgian market for medical devices referred to in Article 1^er of the 18 March 1999 Royal Decree on Medical Devices, is due by the distributors who delivered these devices to the end user or the person responsible for the issue. This fee is calculated on the basis of the turnover made during the year prior to the year for which the fee is due. The amount of turnover must be the subject of a statement that must be dated, signed and certified sincere and accurate. This declaration must be sent by registered letter to the position at the General Inspectorate of Pharmacy, together with the payment of the royalty, which will be made no later than April 30 of the year following the year in which the turnover is made.
This fee is paid on a special account of the budget of the Ministry of Social Affairs, Public Health and the Environment.
The King may, by order deliberately in the Council of Ministers, adjust the amount of the royalty as well as amend the terms of his calculation and payment set out in paragraph 1^er.
The royal decrees made pursuant to the aforementioned provisions are repealed in full law with retroactive effect on the date of their entry into force when they were not confirmed by the legislator in the year following that of their publication to the Belgian Monitor.
The King may specify the terms and conditions under which this fee must be paid.
Offences to this provision or its enforcement orders shall be punished by the penalties provided for in Article 16, § 2, of the Act of 25 March 1964 on drugs.
§ 2. By derogation from the provisions of § 1^er, paragraph 1 er, the royalty is, for the year 1999, paid no later than 3 months after the coming into force of this Act, up to an amount of 8/12 on the turnover made during the year 1999. The declaration referred to in Article 224, § 1^erParagraph 1^er, is done at the same time.
Art. 225
To finance the duties of the administration resulting from the application of the Act of March 25, 1964 on drugs and orders carried out under the Act, the following fees are payable:
1° dependant on the pharmacist of officiating a fee of 65 cents (0.0161 euro) for each packaging of a pharmaceutical specialty or prefabricated drug that it supplies both expensive and free of charge;
2° dependant on the person who is authorized to put on the market a pharmaceutical specialty or a prefabricated drug a royalty of 30 cents (0,0074 euro) for each packaging of them that it puts on the market both for expensive and for free. However, this fee is not payable by the person who has a marketing authorization referred to in section 3 of Council Regulation (EC) No. 2309/93 of 22 July 1993 establishing community procedures for the authorization and supervision of drugs for human use and veterinary use and establishing a European Agency for the Assessment of Drugs.
The royalty referred to in paragraph 1^er is intended to cover all costs related to the quality and conformity of medicines by laboratories approved under section 13, paragraph 2 of the Act of 25 March 1964 on drugs, up to 50 cents (0.0124 euro) per packaging.
The royalties referred to in paragraph 1 and paragraph 2 of paragraph 1^er, are intended to finance the missions of the Ministry of Social Affairs, Public Health and the Environment resulting from the Act of March 25, 1964 on drugs and decrees carried out under this Act, up to 15 cents (€0.0037) per package in respect of point 1° and an amount of 30 cents (€0.0074) per package in respect of point 2°.
The royalties mentioned are paid on special accounts separated from the budget of the Ministry of Social Affairs, Public Health and the Environment.
The King may adapt the amount of these royalties to fluctuations in the General Consumer Price Index and determine the terms and conditions under which these royalties must be paid. By order deliberately in the Council of Ministers, it may also adapt the amount of these royalties.
Royal orders made pursuant to the provisions referred to in the preceding paragraph are repealed in full law with retroactive effect on the date of their entry into force when they were not confirmed by the legislator in the year following that of their publication to the Belgian Monitor.
Offences to this provision or to orders made pursuant to it shall be punished by the penalties provided for in article 16, § 2, of the Act of 25 March 1964 on drugs.
The King sets the date of entry into force of this article.
Art. 226
The table annexed to the Organic Law of 27 December 1990 creating budgetary funds is amended to read:
1° to the column "Denomination of the organic budget fund", "25-1. Expenditures resulting from the application of the Act of March 25, 1,964 on Drugs (Act of December 29, 1990, section 133) and the Act of February 24, 1921 concerning the trafficking of poisonous, soporific, narcotic, disinfectant or antiseptic substances (Law of February 27, 1998, section 224)" is supplemented by:
", from Royal Decree No. 78 of 10 November 1967 on the exercise of the art of healing, nursing art, paramedical professions and medical commissions, and articles 224 and 225 of the law of the... with social, budgetary and various provisions. »;
2° to the "Nature of Affected Revenue" column, the section "Revenues resulting from the application of the Act of March 25, 1964 on Drugs (Law of December 29, 1990, section 133) and the Act of February 24, 1921 concerning the trafficking of poisonous, soporific, narcotic, disinfectant or antiseptic substances (Law of February 22, 1998, section 224)" is supplemented by:
", from Royal Decree No. 78 of 10 November 1,967 on the exercise of the art of healing, of nursing art, of paramedical professions and of medical commissions and articles 224 and 225 of the law of the... bearing social, budgetary and various provisions. "
Art. 227
Article 11, § 1^er of the Act of 24 January 1977 on the Protection of Consumer Health with regard to food and other products, as amended by the Act of 9 February 1994, a paragraph 6 is inserted, as follows:
"The officials or agents of the Ministry of Social Affairs, Public Health and the Environment appointed by the King for the monitoring of the application of the Act of 25 March 1964 on drugs and orders issued pursuant to that Act have, within the limits of the performance of their jurisdiction, access in all places referred to in this paragraph. »
Art. 228
Section 226 of this Act comes into force on December 14, 1999 with respect to expenses and revenues resulting from the application of Royal Decree No. 78 of November 10, 1967 relating to the exercise of the art of healing, nursing art, paramedical professions and medical commissions.
PART XIII. - Energy and sustainable development
Art. 229
Article 25, § 3, paragraph 2, of the Act of 29 April 1999 on the organization of the electricity market is replaced by the provision as follows:
"Previous to the implementation of the first paragraph, the operating costs of the commission are covered by an overload applied on the rates that, pending the designation of the network manager in accordance with Article 10, manages the transport network on behalf of the network owners, is in fact impute for the connection to the transport network and the use of the network, as well as on the tariffs for the auxiliary services it provides, "
Art. 230
In Article 15/15, § 4, of the Act of 12 April 1965 on the carriage of gaseous and other products by pipeline, inserted by the law of 29 April 1999, the following amendments are made:
1° after paragraph 1 is inserted a new paragraph, which reads as follows:
"Previous to the implementation of paragraph 1, the royalties referred to in paragraph 1 shall be paid by the holders of the concessions or permissions for the carriage of gases referred to in section 3 of the Gas Act. »;
2° in the last paragraph, the words "of the first paragraph or of Article 25, § 3, first paragraph" are replaced by the words "of the first or second paragraph or under Article 25, § 3, paragraph 1 or 2".
PART XIV. - Mobility, transport, postal services,
telecommunications and public enterprises
CHAPTER I^er. - Miscellaneous provisions
Art. 231
§ 1^er. An Aeronautics Monitoring and Inspection Facility (FAMCIA) is established, which constitutes a budgetary fund within the meaning of Article 45 of the State Accounting Acts, coordinated on 17 July 1991.
§ 2. In the table annexed to the Organic Law of 27 December 1990 establishing the Budgetary Funds, as amended by the Act of 24 December 1993, section 33 - Communications and Infrastructure, is supplemented as follows:
« Name of the Organic Budget Fund:
33-3- Aeronautics Monitoring and Inspection Facilities Improvement Fund (FAMCIA).
Nature of income affected
Revenues collected as part of the use of public services relevant to aeronautics, pursuant to section 5 of the Act of 27 June 1937 revising the Act of 16 November 1919 on the regulation of air navigation, after deduction of an amount that will not be affected and that will be fixed annually.
Nature of authorized expenditures
Operating costs of any kind in respect of aeronautical inspection and control: costs of personnel, mission, expertise, equipment, studies, training, international cooperation, incentives to hire and maintain qualified personnel. "
Specific provision
The Aeronautics Monitoring and Inspection Facility can present a debt balance. The maximum debt balance is fixed annually. »
Art. 232
§ 1^er. It is created a Fund for the Attenuation of Nuisances in the Brussels-National Airport (FANVA), which constitutes a budgetary fund within the meaning of Article 45 of the Laws on State Accounting, coordinated on 17 July 1991.
§ 2. In the table annexed to the Organic Law of 27 December 1990 establishing the Budgetary Funds, as amended by the Act of 24 December 1993, section 33 - Communications and Infrastructure, is supplemented as follows:
« Name of the Organic Budget Fund:
33-4- Fonds pour l'Atténuation des Nuisances dans le Voisinage de l'Aéroport Bruxelles-National (FANVA).
Nature of income affected
The fines and rights of use identified by a royal decree deliberated in the Council of Ministers and the resulting payments from LAC to the Consolidated Revenue Fund.
Nature of authorized expenditures
Costs of any kind occasioned for the collection of fines; bonuses for the accoustic insulation of existing houses; house purchases; costs and compensation. "
Art. 233
The Minister of Mobility and Transport is exempted from the recovery of the sum of 211,582 Belgian francs in charge of various former beneficiaries of advances and borrowings granted pursuant to the laws concerning the repair of war damage to private property, coordinated by the Royal Decree of 30 January 1954.
CHAPTER II. - Postal services and telecommunications
Art. 234
Article 22, § 3, of the Act of 21 March 1991 on reform of certain economic public enterprises, is repealed from 1^er February 2000. "
Art. 235
In Article 141, § 1^er, of the same law, as amended by Article 12 of the Royal Decree of 9 June 1999, the words "Without prejudice to Article 13, §§ 3 and 4, La Poste may entrust to a third party, on his behalf and under his responsibility, by contractual means, a part of the said universal service, reserved or not."
Art. 236
Article 144duodecies, § 2, paragraph 3, of the Act is repealed.
Art. 237
Article 1 48 bis, § 1^er, 2°, second dash of the same law, as amended by Article 24 of the Royal Decree of 9 June 1999, is repealed.
Art. 238
In section 148sexies of the Act, as amended by section 24 of the Royal Decree of 9 June 1999, the following amendments are made:
1° § 1^er, 2°, 4etiret is repealed;
2° 1 § 4 is inserted, which reads as follows: § 4. § 1^er, 2°, 1^er dashes and 3rd dashes of this article can only be imposed to the extent that it is necessary to ensure respect for essential requirements and to safeguard universal service and where it is proportionate and based on objective criteria. "
Art. 239
In accordance with Article 1 54 bis, § 3, of the same Law, inserted by Article 27 of the Law of 3 May 1999, the provisions of the Royal Decree of 9 June 1999 transposing the obligations under Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 concerning the common rules for the development of the internal market of postal services of the community and the improvement of the quality of service, published in the Belgian Monitor of 18 August 1999, are confirmed.
PART XV. - Foreign Affairs
Art. 240
In the table annexed to the Organic Law of 27 December 1990 creating budgetary funds, section 14 - Foreign Affairs is amended as follows:
« Name of the organic budget fund (14-1):
add the words "and rental" after the words "product of sale", delete the word "and" between the words "building and development"; add the words "maintenance and rental" after the word "development".
Nature of income affected
Add the words "and rental" after the word "sale".
Nature of authorized expenditures
Delete the word "and" between the words "building and development", add the words "maintenance and rent" after the word "development".
PART XVI. - Public markets
Art. 241
Section 3 of the Act of 24 December 1993 on public procurement and certain contracts of work, supplies and services are amended as follows:
1° in §§ 1^er and 2, the words “treaty establishing the European Economic Community” are replaced by the words “treaty establishing the European Community”;
2° in § 3, the words "Article 223, § 1^erb of the Treaty establishing the European Economic Community are replaced by the words "Article 296, § 1^erb of the Treaty establishing the European Community”;
3° it is inserted a § 4, written as follows:
“§4. Not subject to the application of the provisions of this Act, except section 6, the public procurement of supplies and services to which section 296, § 1 applies.^erb, of the Treaty establishing the European Community, to pass, by the Minister or by the authority it mandates for this purpose, within the framework of an international cooperation that brings together mainly the Member States of the European Union or the North Atlantic Treaty Organization. The King sets out the modalities of control to which these markets are subject. "
Art. 242
In section 6 of the Act, a paragraph 2 is inserted as follows:
"The competence in the procurement and enforcement of the contracts referred to in Article 3, § 4, of the law may be the subject of a mandate, in accordance with the terms determined by the King, for the benefit of another Member State of the European Union, to a third country, to an international organization or to a supply or repair agency created by several States, when these contracts are to pass within the framework of an international cooperation meeting "
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Nice on 12 August 2000.
ALBERT
By the King:
For the Prime Minister, absent:
Deputy Prime Minister and Minister for Foreign Affairs,
L. MICHEL
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 Budgat, Social Integration and Social Economy,
J. VANDEN LANOTTE
For the Deputy Prime Minister and Minister of Mobility and Transport, absent:
State Secretary for Energy and Sustainable Development,
O. DELEUZE
Minister of Consumer Protection, Public Health and the Environment,
Ms. M. AELVOET
Minister of Social Affairs and Pensions,
F. VANDENBROUCKE
The Minister of Public Service and Administration Modernization,
L. VAN DEN BOSSCHE
Minister of Agriculture and Middle Class,
J. GABRIELS
Minister of Finance,
D. REYNDERS
Minister of Telecommunications and Enterprises and Public Participation,
R. DAEMS
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN

(1) Regular session 1999-2000.
Chamber of Representatives:
Parliamentary documents. - Bill No. 50-756/1. - Amendments, n^bones 50-756/2 to 4. - Opinion of the Council of State, no. 50-756/5. - Amendments, no. 50-756/6. - Report, number 50-756/7. - Amendments, n^bones 50-756/8 to 10. - Reports, n^bones 50-756/11 and 12. - Supplementary report, No. 50-756/13. - Reports, n^bones 50-756/14 and 15. - Text adopted by the commissions, no. 50-756/16. - Amendments, no. 50-756/17. - Text adopted in plenary and transmitted to the Senate, No. 50-756/18.
Decision of the Parliamentary Committee for Consultation, No. 50-82/12.
Annales parliamentarians. - Discussion and adoption. Meetings of 12 and 13 July 2000.
Senate:
Parliamentary documents. - Project transmitted by the House of Representatives, No. 2-522/1. - Amendments, no. 2-522/2. - Reports n^bones 2-522/3 and 4. - Text adopted by the commissions, no. 2-522/5. - Amendments, n^bones 2-522/6 to 9. - Decision not to amend, No. 2-522/10.
Decision of the Parliamentary Committee for Consultation, No. 2-82/12.
Annales parliamentarians. - Discussion and adoption. Session of 20 July 2000.