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21 NOVEMBER 2016. - An Act to amend various military status provisions (1)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
CHAPTER 1^er. - Introductory provision
Article 1^er. This Act regulates a matter referred to in Article 74 of the Constitution.
CHAPTER 2. - Amendment of the Act of 30 July 1938
concerning the use of languages in the army
Art. 2. In article 2bis, paragraph 2, of the law of 30 July 1938 concerning the use of languages in the army, inserted by the law of 13 November 1974 and replaced by the law of 26 March 1999, the words "or lateral recruitment" are inserted between the words "to special recruitment" and the words "is supposed".
CHAPTER 3. - Amendments to the Act of 23 December 1955
Air Force Auxiliary Officers, Pilots and Browsers
Art. 3. In section 4bis of the Act of 23 December 1955 on Auxiliary Air Force Officers, Pilots and Mariners, inserted by the Act of 20 May 1994 and amended by the Act of 16 July 2005, paragraph 1^er is replaced by the following:
"According to the terms and procedure established by the King for each of the categories concerned, the auxiliary officer candidates participating in the air service belong to one of the categories of the aircrew referred to in article 77/1, paragraph 1^er, 1° and 3°, of the Act of 28 February 2007 establishing the status of military and military candidates of the armed forces active framework. ".
Art. 4. In section 9 of the Act, as amended by the Acts of 16 March 2000, 16 July 2005, 28 February 2007 and 26 April 2009, the following amendments are made:
Paragraph 2, paragraph 2, paragraph 1, is supplemented by the words:
", unless the relevant auxiliary officer requests a later date to the three months referred to above";
2° in paragraph 2ter, 1°, the words "3 of the Act of 16 March 2000 relating to the resignation of certain military personnel and to the termination of the undertaking or re-engagement of certain military candidates, to the fixation of the period of return and to the recovery by the State of a part of the costs granted by the State for the formation and part of the salaries perceived during the formation"79 are replaced by the words "
3° paragraph 2ter, 3°, is supplemented by the words "or in times of crisis";
4° in paragraph 2ter, 4°, the words "is put on notice" are replaced by the words "is actually part of a detachment that prepares";
5° in paragraph 2quater, paragraph 1^er and 2, the words "3 of the above-mentioned Act of 16 March 2000" are each replaced by the words "179 of the aforementioned Act of 28 February 2007.
Art. 5. Section 9bis of the Act, inserted by the Act of 27 March 2003, is replaced by the following:
"Art. 9bis. Unless the following convictions are suspended and provided that this stay is not revoked, the auxiliary officer shall be dismissed from office without the intervention of a board of inquiry if convicted, in accordance with Article 19 of the Criminal Code or Article 5 of the Military Criminal Code or the prohibition, even temporary, of any of the rights referred to in Article 31, 1 and 6 of the Criminal Code."
Art. 6. In section 10bis of the Act, paragraph 2, inserted by the Act of 28 February 2007, is replaced by the following:
"As long as these provisions are not inconsistent with the provisions of this Act or implemented under this Act and provided that the regulatory provisions are not inconsistent with the regulations made pursuant to this Act, all the following legislative and regulatory provisions applicable to military career candidates are applicable to auxiliary officers:
1° Articles 21/1, paragraph 1^er, 9°, and 3, 81, § 1^erparagraphs 4 and 5, 81/3, paragraph 2, 3, 102, paragraph 1^er107, paragraph 3, and 108, paragraph 2, of the Act of 28 February 2007 establishing the status of military and military candidates of the Armed Forces active framework, which are applicable to the candidate under the age of eighteen when a period of war is decreed;
2° the provisions that apply to the appreciation of the professional qualities, of the material qualities, of the moral qualities and of the physical and medical qualities required under sections 96, 97, 97/1, 97/2, 98, 98/1, 99, 100, 101, 101/1, 101/2 and 101/3 of the Act of 28 February 2007 referred to above;
3° the provisions relating to the deduction on the treatment and termination of engagement or commitment following an illegal absence of more than twenty-one consecutive days referred to in articles 54, 55, 59, and 156/4 of the Act of 28 February 2007 referred to above.".
Art. 7. In Article 15, § 1^er, in the same law, the words "and the gendarmerie" are repealed.
Art. 8. In section 16, 1°, of the same law, replaced by the law of 13 July 1976, the words ", amended by the laws of 30 July 1955 and 13 November 1974" are repealed.
CHAPTER 4. - Amendments to the Act of 14 January 1975 concerning the Disciplinary Regulations of the Armed Forces
Art. 9. In Article 5, § 2, of the Law of January 14, 1975, on the Disciplinary Regulations of the Armed Forces, replaced by the Law of December 28, 1990 and amended by the Laws of May 20, 1994 and March 27, 2003, the words "of the Complementary Framework" are replaced by the words "recruited for a limited period of time" and the words "short term," are replaced by the words "in voluntary military engagement".
Art. 10. In Article 21, § 1^er, of the same law, as amended by the law of 26 April 2009, the words "and military candidates" are inserted between the words "Law of 28 February 2007 establishing the status of the military" and the words "of the active framework of the Armed Forces".
Art. 11. In Article 22, § 1^er, 1°, of the same law, as amended by the Act of 8 June 1978, the words "for the militia and for the volunteers who make their first appointment or appointment and for the military who attend a training of candidate officer or non-commissioned candidate" are replaced by the words "for the military who attend a training of candidate officer, non-commissioned candidate or volunteer candidate".
Art. 12. Section 33 of the Act is repealed.
CHAPTER 5. - Repeal of the Act of 20 May 1994
Status of short-term military personnel
Art. 13. The Short-term Military Status Act of 20 May 1994, amended by the Acts of 16 March 2000, 22 March 2001, 16 May 2001, 27 March 2003, 16 July 2005, 28 February 2007 and 30 December 2008, is repealed.
CHAPTER 6. - Amendments to the Act of 20 May 1994 relating to the periods and positions of the members of the reserve framework, as well as to the implementation and condition of the Armed Forces
Art. 14. Article 3, § 1^er, 1°, of the Act of 20 May 1994 on the periods and positions of the soldiers of the reserve framework, as well as the implementation and condition of the Armed Forces, is supplemented by the words "or in times of crisis".
Art. 15. In Article 7 of the same Law, the words "seen to Article 4, paragraph 3, when in times of war" are replaced by the words "of the reserve framework, when, in times of war, in times of crisis".
CHAPTER 7. - Amendments to the Act of 20 May 1994
Military Financial Rights
Art. 16. In section 4 of the Act of 20 May 1994 on the monetary rights of the military, replaced by the Act of 31 July 2013, subsection 2 is repealed.
Art. 17. Article 6, § 1^er, of the same law, is supplemented by a paragraph written as follows:
"However, the guaranteed minimum reward is not applicable to the military candidate "in school training period" referred to in Article 4, § 1^er".
CHAPTER 8. - Amendment of the Act of 14 December 2000 establishing certain aspects of the development of working time in the public sector
Art. 18. In article 4, paragraph 2, of the law of 14 December 2000 setting certain aspects of the development of working time in the public sector, the words "military support" are inserted between the words "intensive service"," and the word ""assistance".
CHAPTER 9. - Amendment of the Act of 16 May 2001
Status of military personnel in the Armed Forces Reserve Framework
Art. 19. In section 73 of the Act of 16 May 2001 on the status of military personnel of the Armed Forces Reserve Framework, as amended by the Act of 28 February 2007, the following amendments are made:
(a) Paragraph 3 is replaced by the following:
"Any re-engagement ends straight on December 31 of the year in which the reserve member has reached the age of sixty-five, unless the requirements of supervision or certain circumstances require the overtaking of this age limit and provided that the reserve member agrees with the extension of the re-engagement. ";
(b) the article shall be supplemented by a paragraph written as follows:
"If applicable, at the request of the member, the current engagement or commitment is extended, or a new engagement or re-engagement may be undertaken."
CHAPTER 10. - Amendments to the Act of 11 November 2002
on Auxiliary Officers of the Armed Forces
Art. 20. Section 2 of the Act of 11 November 2002 on Auxiliary Officers of the Armed Forces is repealed.
Art. 21. In Article 14, § 1^erParagraph 2 is replaced by the following:
"A temporary withdrawal of employment for personal convenience or any extension is expressed in months and is requested for a minimum period of three months and may not exceed a total of twelve months during the extended commitment period or not by the Minister of Defence, the auxiliary officer pilot or ATC.".
Art. 22. Section 22 of the Act is repealed.
CHAPTER 11. - Amendments to the Act of 27 March 2003 relating to the recruitment of military personnel and the status of military musicians and amending various laws applicable to defence personnel
Art. 23. The title of the Act of 27 March 2003 relating to the recruitment of military personnel and the status of military musicians and amending various laws applicable to defence personnel is replaced by the following:
"Act of 27 March 2003 relating to the status of military musicians and amending various laws applicable to defence personnel".
Art. 24. In section 21 of the Act, the following amendments are made:
(a) in paragraph 1^er, the words "careerships" are replaced by the word "military";
(b) paragraph 2 is supplemented by the 5th word as follows:
"5° "the law of 28 February 2007": the law of 28 February 2007 establishing the status of the military and military candidates of the active framework of the Armed Forces. ".
Art. 25. In section 23 of the Act, the following amendments are made:
1° in paragraph 2, the words "and promotion on diploma" are inserted between the words "concerning social promotion" and the words "are not applicable";
2° the article is supplemented by two paragraphs written as follows:
"Unless otherwise provided in this Act, the provisions of the Act of 28 February 2007 applicable to military career candidates are not applicable to music candidates.
Articles 21/1, subparagraphs 1^er, 9°, paragraph 3, 81, § 1^erparagraphs 4 and 5, 81/3, paragraph 2, 3, 102, paragraph 1^er107, paragraph 3, and 108, paragraph 2, of the Act of 28 February 2007, which apply to a military candidate under the age of 18 when a period of war is decreed, are applicable to a musician candidate."
Art. 26. In article 26, paragraph 2, of the same law, the words "and the criteria of medical fitness" are inserted between the words "material and physical" and the words "while this training cycle".
Art. 27. Section 27 of the Act is replaced by the following:
"Art. 27. The musician candidate may be required to receive training in whole or in part in a foreign or multinational military establishment or in a civil establishment, in Belgium or abroad.
The King shall determine the authority which shall determine the equivalence of the formations referred to in paragraph 1^er and which sets to what extent the different qualities of the musicians are appreciated. It is taken into account the regime of this institution with regard to the granting of an exemption or adjournment, the appreciation of professional qualities, the organization and operation of the deliberation commission and the measures to be taken by that commission. Appreciation of physical and material qualities may be limited to certain periods of basic training. The musician candidate follows the program and courses provided for in this establishment and presents the scheduled examinations. Before the start of the training cycle or part of the training cycle and during each modification, the musician candidate is informed in writing about this regime, the program, the courses and the exams, as well as the conditions for success."
Art. 28. In section 30 of the Act, the following amendments are made:
1° in paragraph 1^er, the words "or for personal convenience" are replaced by the words ", as a result of a palliative care leave or a care leave to a seriously ill parent or as a result of the loss of candidate status pursuant to section 21/1, paragraph 1^er9° of the law of 28 February 2007";
2° paragraph 2 is repealed;
Paragraph 3 is replaced by the following:
"The statutory and regulatory provisions applicable to career soldiers for temporary withdrawal of employment for personal convenience, parental protection and temporary withdrawal of employment for family reasons are not applicable to the musician candidate. ";
4° in paragraph 4, the words "as long as the maximum length of the adjournment is not exceeded" are repealed.
Art. 29. In article 33, 7°, of the same law, the words "citizen of a Member State of the European Union" are replaced by the words "existing from a Member State of the European Economic Area or the Swiss Confederation".
Art. 30. In section 35 of the Act, the following amendments are made:
1° the words "military candidat of the active frame" are replaced by the words "military career candidat of the active frame";
2° the article is completed by the 4° written as follows:
"4° is illegally absent more than twenty-one consecutive days. ".
Art. 31. In article 39 of the same law, the words "the body of musicians" are replaced by the words "the field of trades "Musicians".
Art. 32. In section 40 of the Act, amended by the Act of 3 August 2016, the words "another body" are replaced by the words "another industry".
Art. 33. In article 44 of the same law, the words "the body of musicians" are replaced by the words "the field of trades "Musicians".
Art. 34. In section 45 of the Act, amended by the Act of 3 August 2016, the words "another body" are replaced by the words "another industry".
Art. 35. Section 46 of the Act is replaced by the following:
"Art. 46. The appointments to the ranks referred to in section 43 shall be held in seniority, among the non-commissioned musicians who meet the conditions set out in this Act, except for the appointment to the rank of sub-headed music officer and head deputy head of desk.
However, the musical non-commissioned officer whose manner of service is not considered satisfactory may be exceeded in advance. The same is true of the non-commissioned musician who is not considered fit for the performance of the duties of the higher rank, when these functions are different from those of the rank of which it is applied.
The suitability and manner of service are valued in accordance with the rules and in the form applicable to career non-commissioned officers.
If the assessment of the suitability or manner of service referred to in paragraph 3 is, therefore, that the member concerned is permanently exceeded in advance, he or she may appeal to the appeal proceeding referred to in section 178/2 of the Act of 28 February 2007, according to the rules applicable to the military career. ".
Art. 36. Section 52 of the Act is replaced by the following:
"Art. 52. Without prejudice to the application of section 50, the rank of Chief Warrant Officer shall be awarded to the King's choice or the authority that He designates, as a result of an assessment of the merits of the candidates according to the rules and appreciation elements applicable to the career non-commissioned officers referred to in section 139, paragraphs 2 and 3, of the Act of 28 February 2007 which determines the status of the military and ".
Art. 37. In article 53, paragraph 2, of the same law, the words "of the body of the musicians" are replaced by the words "of the field of trades "Musicians".
CHAPTER 12. - Amendment of the Act of 14 June 2006 creating an advisory council known as "Historical Defence Pole"
Art. 38. In article 4, paragraph 1^er, from the law of June 14, 2006 creating an advisory council called "Historical Defence Pole", the words "Royal Military School" are replaced by the words "Royal Military School".
CHAPTER 13. - Amendments to the Act of 28 February 2007 establishing the status of military and military candidates of the active military framework
Art. 39. In section 2 of the Act of 28 February 2007 establishing the status of military personnel and military candidates of the active military framework, replaced by the Act of 31 July 2013 and amended by the Act of 30 August 2013, the following amendments are made:
1° in paragraph 1^erthe third is repealed;
2° in paragraph 3, the 2° is repealed.
Art. 40. In section 3 of the Act, as amended by the Act of July 31, 2013, the following amendments are made:
1° on 3°, repealed by the Royal Decree of 10 April 2014, is reinstated in the following wording:
"3° "force": the ground force, the air force, the navy and the medical service as set out in Article 2 of the Royal Decree of 21 December 2001 defining the general structure of the Ministry of Defence and establishing the powers of certain authorities";
2° in 48°, the words "of" are replaced by the word "of".
Art. 41. In section 3/1 of the Act, inserted by the Act of 31 July 2013, the 3rd is repealed.
Art. 42. In section 4 of the Act, replaced by the Act of July 31, 2013, the 6th is repealed.
Art. 43. In section 16 of the Act, the words "food and" are repealed.
Art. 44. In article 21/1, paragraph 1^er, of the same law, inserted by the law of 31 July 2013, it is inserted on 10°, written as follows:
"10° the military candidate must be removed from his specific training cycle because of the refusal of an adjournment to present certain examinations or tests or to follow or complete certain parts of the basic training."
Art. 45. In Article 27, § 1^erParagraph 1^er, 9°, of the same law, the word "lieutenant-general" is replaced by the words "lieutenant-general".
Art. 46. In Title III, Chapter I, of the Act, the title of Section 4, as amended by the Act of July 31, 2013, is replaced by the following:
"Section 4. Strengths, trades and competence poles".
Art. 47. In title III, chapter I, section 4, of the Act, an article 37/1 is inserted as follows:
"Art. 37/1. Each member belongs to one of the following forces: land force, air force, navy or medical service.
The final entry in a force shall take place at the latest when the member concerned has successfully completed his basic training.".
Art. 48. In the same section 4, an article 37/2 is inserted as follows:
"Art. 37/2. Any member may be transferred from one force to another:
1° at its request;
2°, in the interest of the service;
3° where a transfer between trades requires it;
4° when a change in the organization of the Armed Forces imposes a new distribution of the military. ".
Art. 49. In the same section 4, an article 37/3 is inserted as follows:
"Art. 37/3. The transfers referred to in section 37/2, 1° to 3°, and, if applicable, the basic formations or formations related to it, are prescribed by the authority that the King designates.
In the case referred to in Article 37/2, 4°, the necessary transfers shall be prescribed in the terms referred to in Article 42.".
Art. 50. In the same section 4, an article 37/4 is inserted as follows:
"Art. 37/4. For officers and non-commissioned officers, transfers from one force to another that also involve the transfer of one industry to another are prescribed in accordance with, as the case may be, sections 40, 41 or 42. ".
Art. 51. In section 40 of the Act, replaced by the Act of July 31, 2013, paragraph 3 is replaced by the following:
"Definite registration in the new trades industry takes place at the latest when the member concerned:
1° successfully completed the basic training or training referred to in paragraph 2;
2° received for his evaluation of the position of his new function, at least a final mention "sufficient". ".
Art. 52. In section 41 of the Act, replaced by the Act of July 31, 2013, paragraph 3 is replaced by the following:
"Definite registration in the new trades industry takes place at the latest when the member concerned:
1° successfully completed the basic training or training referred to in paragraph 2;
2° received for his evaluation of the position of his new function, at least a final mention "sufficient". ".
Art. 53. Section 42 of the Act, as amended by the Act of 31 July 2013, is supplemented by a paragraph written as follows:
"This consultation with representative trade union organisations takes place according to the terms fixed by the King."
Art. 54. In section 53, paragraph 2, of the Act, replaced by the Act of 31 July 2013 and amended by the Royal Decree of 10 April 2014, the words "and that the interest of the service permits" are inserted between the words "the retirement age" and the words "the soldier who has lost".
Art. 55. Section 64/1 of the Act, inserted by the Act of 31 July 2013, is replaced by the following:
"Art. 64/1. The member transferred to his or her application, on his or her own motion or as a result of a change in the organization of the Armed Forces, is ranked in his or her new professions with his or her rank and seniority in that rank.
He follows, for the advancement, the fate of the soldiers of this new sector of trades who were appointed at the same time as him at the rank of which he is dressed and who have made a normal career. ".
Art. 56. In section 69, paragraph 11, of the same Act, replaced by the Act of July 31, 2013, the words "the labour prevention advisor, competent for the unit of the member concerned," are replaced by the words "the authority designated by the King".
Art. 57. In section 74, paragraph 1^er, of the same law, the word "lieutenant-general" is replaced by the words "lieutenant-general".
Art. 58. In article 75, paragraph 2, paragraph 3, of the same law, replaced by the law of 31 July 2013, the word "lieutenant-general" is replaced by the words "lieutenant-general".
Art. 59. In section 79/1 of the Act, inserted by the Act of 31 July 2013, the 3° and 4° are replaced by the following:
"3° by ex officio termination by the authority and according to the terms and procedure established by the King, when the person concerned:
(a) contracted this commitment on the basis of a false statement;
(b) is sentenced, with or without a stay, to a military imprisonment of at least one month from the head of an offence punishable by the Military Criminal Code;
(c) is guilty of serious acts incompatible with the member's state or where his conduct or manner of service is manifestly inadequate;
(d) is the subject of a decision of inability made following one or more selection medical examinations, the result of which was not available before the effective date of the undertaking;
(e) is illegally absent more than twenty-one consecutive days;
(f) may not, in the cases referred to in articles 103 to 104/1, continue its training in the same quality and in a contemporary promotion, in another specific training cycle for which this specific medical aptitude, specific professional capacity or specific physical condition is not required;
(g) be removed from its specific basic training cycle due to the refusal or withdrawal of the required security clearance;
4° by termination upon request by the authority and according to the terms fixed by the King.".
Art. 60. Section 82, § 6, of the same Act, replaced by the Act of 31 July 2013, is supplemented by the 3rd written as follows:
"3° First Sergeant-major, the twenty-sixth day of the fifteenth month following the month of entry into service. ".
Art. 61. Article 83/1, § 3, of the same law, inserted by the law of 31 July 2013, is supplemented by two paragraphs written as follows:
"However, when the date referred to in paragraph 2 is earlier than the date of incorporation of the military concerned, their appointment and admission into the active framework takes effect on the twenty-sixth day of the last month of the quarter in which they were incorporated.
However, the members referred to in paragraph 3 shall follow in respect of their next promotion to the higher grade, the fate of the members of the military of their reference promotion. ".
Art. 62. Article 84, § 1^erin the same Act, replaced by the Act of July 31, 2013, the following amendments are made:
1° in paragraph 1^er, the words ", as well as the rank of senior officer for level B non-commissioned officers," are inserted between the words "of elite and volunteer non-commissioned officer" and the words "are conferred on seniority" and the words "and 84/1" are replaced by the words ", 84/1 and 139, paragraph 4";
2° Paragraph 3 is replaced by the following:
"How to serve the military and, if necessary, their ability to perform the duties of the higher rank are appreciated by their hierarchical leaders according to the rules established by the King and in the form that He prescribes."
Art. 63. In the Dutch text of section 91 of the same law, replaced by the law of 31 July 2013, the words "kandidaat-militiar" are replaced by the words "kandidaat-militair".
Art. 64. Section 93, § 2, of the Act, replaced by the Act of 31 July 2013, is supplemented by a paragraph, which reads as follows:
"The King may set specific provisions for the classification of military candidates for complementary recruitment. ".
Art. 65. In Article 101/2 of the Act, inserted by the Act of 31 July 2013, the words "seen to Article 90, § 1^erParagraph 1^er, of the Act of 20 May 1994 relating to the statutes of military personnel are replaced by the words "fixed by the King".
Art. 66. In section 105 of the Act, replaced by the Act of 31 July 2013, a paragraph is inserted between paragraphs 1^er and 2:
"However, when no specific training cycle is available in a contemporary promotion, a reorientation following a structural change in staff needs can exceptionally take place in another promotion in accordance with the procedure and modalities established by the King."
Art. 67. In section 107, paragraph 2, of the Act, replaced by the Act of 31 July 2013, the words "in accordance with section 3.13(b)" are repealed.
Art. 68. In the Dutch text of Article 118, § 2, paragraph 4, 1°, of the same law, replaced by the law of 31 July 2013, the word "special" is replaced by the word "bijzondere".
Art. 69. In the Dutch text of Article 119/1, § 1^er, paragraph 2, of the same law, inserted by the law of 31 July 2013, the word "beroeps officeren" is replaced by the word "beroepsonder officeren".
Art. 70. In the Dutch text of Article 154, paragraph 6, of the same law, replaced by the law of 31 July 2013, the word "militiair" is replaced by the word "militair".
Art. 71. In section 182 of the Act, replaced by the Act of July 31, 2013, paragraph 2 is replaced by the following:
"The candidate pilot auxiliary officer referred to in paragraph 1^er and holder of the higher pilot patent, is also required to reimburse part of the costs of his training, according to the rates and terms set out in Table B of Schedule B to this Act.".
Art. 72. In section 184, paragraph 1^er, from the same law, the words "or authority that He designates" are inserted between the words "the King" and "may, by reasoned decision."
Art. 73. In article 195 of the same law, the words "under" are replaced by the word "under".
Art. 74. In article 249, § 2, of the same law, as amended by the law of 31 July 2013, the words "under" are replaced by the word "under".
Art. 75. In the Dutch text of article 271/3 of the same law, inserted by the law of 31 July 2013, the word "inzoverre" is replaced by the words "in zoverre".
Art. 76. In the same Act, Schedule A, replaced by the Act of July 31, 2013, is replaced by the Schedule attached to this Act.
CHAPTER 14. - Amendments to the Act of 10 January 2010 establishing voluntary military engagement and amending various laws applicable to military personnel
Art. 77. In section 23, 3°, of the Act of 10 January 2010 establishing voluntary military engagement and amending various laws applicable to military personnel, the words ", as the case may be," and the words "or military aspirant" are repealed.
Art. 78. In section 25 of the Act, as amended by the Act of 18 July 2013, the following amendments are made:
1° in paragraph 1^er, the words "military of the active framework" are replaced by the words "career partner of the active framework";
2° in paragraph 2, the words ", military candidates or military aspirants" are replaced by the words "or military candidates".
Art. 79. In section 32, paragraph 3, of the Act, the words "military candidates or aspirants" are replaced by the words "military candidates".
Art. 80. In section 34 of the Act, subsection 3 is replaced by the following:
§ 3. Articles 3, § 1^er8 § 1^erParagraph 1^er, of the Act of 30 July 1938 concerning the use of languages in the army are not applicable to EVMI military.".
Art. 81. In section 36, paragraph 1^er, of the same law, the 2° is replaced by the following:
"2° he who no longer justifies moral qualities, in accordance with the rules set for military career candidates in Article 11 of the Law of 28 February 2007;".
Art. 82. In Article 40, § 2, of the Act, the following amendments are made:
1° in paragraph 1^er, the words "or in times of crisis" are inserted between the words "In times of war" and the words ", the military EVMI" and the words "that is put on notice for this purpose" are replaced by the words "from the day the military concerned is actually part of a detachment that prepares for this purpose";
2° paragraph 2 is supplemented by the words "or in case of mobilization".
Art. 83. In section 42, paragraph 1^erthe following amendments are made to the Act:
(a) in 2°, (a), the words "candidat or military aspirant" are replaced by the words "military candidat";
(b) the 4th is replaced by the following:
"4° is sentenced, in accordance with Article 19 of the Criminal Code or Article 5 of the Military Penal Code or the prohibition, even temporary, of any of the rights referred to in Article 31, 1° and 6°, of the Criminal Code, unless these convictions are suspended and provided that this stay is not revoked."
Art. 84. In section 43, paragraph 4, of the same law, the words "that is put on notice for this purpose" are replaced by the words "from the day that the member concerned is actually part of a detachment that prepares for this purpose".
Art. 85. Section 44 of the Act is replaced by the following:
"Art. 44. The engagement or re-engagement of the EVMI member may be terminated by the authority and conditions and according to the procedure established by the King, when the person concerned:
1° contracted this commitment or re-engagement on the basis of a false declaration;
2° is sentenced, with or without a stay, to a military imprisonment of at least one month from the head of an offence punishable by the Military Penal Code;
3° has been guilty of serious acts incompatible with its military state or where its conduct or manner of service is manifestly inadequate;
4° is illegally absent more than twenty-one consecutive days. ".
Art. 86. In section 48 of the Act, the words "as referred to in section 6" are repealed.
CHAPTER 15. - Amendment of the Act of 20 June 2012 amending various provisions relating to the status of military personnel
Art. 87. In section 4 of the Act of 20 June 2012 amending various provisions relating to the status of military personnel, as amended by the Act of 15 May 2014, the following amendments are made:
(a) in paragraph 1^er, 1°, the f) is replaced by the following:
"(f) the transit of or to, one of the above-mentioned forms of operational commitment;"
(b) in paragraph 1^er, the 2° and 3° are replaced by the following:
"2° is an operation in one of the following forms of assistance:
(a) national assistance;
(b) international assistance;
(c) participation in assistance outside the engagement area;
(d) the transit of or to, one of the above-mentioned forms of assistance;
3° is an operation in one of the following forms of military support:
(a) active military support;
(b) participation in military support outside the engagement zone;
(c) the transit of or to any of the above-mentioned forms of military support. ".
CHAPTER 16. - Amendments to the Act of 30 August 2013 establishing the limited-term military career
Art. 88. In Article 17 of the Act of 30 August 2013 establishing a limited-term military career, the word "according" is replaced by the words "by authority and according to".
Art. 89. Section 18 of the Act is replaced by the following:
"Art. 18. The engagement of the BDL member may be terminated by the authority and in the manner and procedure established by the King, when the person concerned:
1° contracted this commitment on the basis of a false statement;
2° is sentenced, with or without a stay, to a military imprisonment of at least one month from the head of an offence punishable by the Military Penal Code;
3° has been guilty of serious acts incompatible with its military state or where its conduct or manner of service is manifestly inadequate;
4° is the subject of a decision of inability made following one or more selection medical examinations, the result of which was not available before the effective date of the undertaking;
5° may not, in the cases referred to in articles 103 to 104/1 of the Act of 28 February 2007 establishing the status of military and military candidates of the active framework of the Armed Forces, continue its training, in the same quality and in a contemporary promotion, in another specific training cycle for which this specific medical aptitude, specific professional capacity or specific physical condition is not required;
6° is illegally absent more than twenty-one consecutive days;
7° shall be removed from its specific basic training cycle because of the refusal or withdrawal of the required security clearance. ".
CHAPTER 17. - Final provision
Art. 90. Articles 49 and 72 come into force on the date fixed by the King.
Given in Brussels on 21 November 2016.
PHILIPPE
By the King:
Minister of Defence,
Steven VANDEPUT
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Note
(1) House of Representatives (www.lachambre.be):
Documents: 54-2027
Full report : 20/10/2016

For the consultation of the table, see image