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29 DECEMBER 2010. - Miscellaneous Provisions Act (I) (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
PART 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
PART 2. - Public Service
UNIC CHAPTER. - Amendment of the Act of 22 July 1993 on certain measures relating to public service
Art. 2. Article 1^er, 3°, of the Act of 22 July 1993 on certain measures in public service is supplemented by the words "the Medical Accidents Fund".
Art. 3. This chapter produces its effects on 12 April 2010.
PART 3. - Justice
UNIC CHAPTER. - Amendment of the Act of 10 July 2006 on electronic procedure
Art. 4. In section 39, paragraph 2, of the Act of 10 July 2006 on electronic procedure, replaced by the Act of 24 July 2008, the words "on 1^er January 2011 is replaced by the words "on 1^er January 2013".
Art. 5. Section 4 comes into force on 1^er January 2011.
TITRE 4 . - Defence
CHAPTER 1^er. - Amendment of the Act of 20 May 1994 on the monetary rights of military personnel
Art. 6. In chapter V of the Act of 20 May 1994 on the monetary rights of the military, as amended by the Act of 10 January 2010, an article 13ter is inserted as follows:
"Article 13ter. § 1^er. The member who is made available to a foreign government, a public service that is dependent on the federal authority, the regions or the communities, and the organizations that depend on it, the provinces, the municipalities, the towns, federations and associations of municipalities, as well as the organizations that depend on it, or who is detached because of an official mission to an institution of public international law, is no longer paid by the Defence during the official disposition of the mission. During this period, the member is in principle entitled to the monetary benefits granted by the body to which he or she is made available or detached.
However, the King, or the authority designated by him, may, in particular cases, in order to safeguard the monetary rights of the member, derogate from the principle referred to in paragraph 1^er and maintain for the benefit of the interested party the right to the military monetary benefits it determines.
The military signs this decision to become acquainted.
§ 2. The member who, as part of the execution of a mission not referred to in § 1^er, receives compensation from both the Defence and another agency, is required to pay to the Defence on a monthly, expired basis, as the case may be:
1° an amount equal to the amount of compensation awarded by that organization, if these allowances are less than the compensation awarded by the Defence;
2° is an amount equal to the amount of compensation awarded by the Defence, if these allowances are less than or equal to the compensation awarded by that organization.
The member must, prior to the commencement of the mission, be informed of his or her rights and obligations referred to in paragraph 1^er. The member may also authorize the Defence to deduct directly from his or her allowances the amounts he or she must remit to the Defence pursuant to paragraph 1^er. »
CHAPTER 2. - Amendment of the Act of 28 February 2007 establishing the status of the military personnel of the armed forces
Art. 7. In section 272 of the Act of 28 February 2007 establishing the status of military personnel in the Armed Forces active framework, the words "1^er July 2011 » are replaced by the words "1^er July 2012".
CHAPTER 3. - Final provision
Art. 8. Article 6 comes into force on the day of the publication of this Act to the Belgian Monitor.
PART 5. - Telecommunications, Economy and Administrative Simplification
CHAPTER 1^er. - Amendments to the Consumer Credit Act of 12 June 1991
Art. 9. In Article 3, § 2, paragraph 5, of the Law of 12 June 1991 on consumer credit, replaced by the Law of 13 June 2010, the words "11bis, § 2, paragraph 2, 5, 21, 27bis, 28 to 33" are replaced by the words "21 27bis, 28 and 29, §§ 1^er2, 4 and 5, 31 to 33".
Art. 10. In section 11bis of the Act, inserted by the Act of 13 June 2010, the following amendments are made:
1° paragraph 1^er3° is repealed;
2° in paragraph 3, the words "at § 1^er, paragraph 2" are replaced by the words "in § 2, paragraph 2".
Art. 11. Section 20bis, paragraph 2, of the Act, inserted by the Act of 24 March 2003, is repealed.
Art. 12. Section 22 of the Act, as amended by the Acts of 24 March 2003 and 13 June 2010, is supplemented by a paragraph 4, which reads as follows:
“§4. At the latest two months before the expiry of the zeroing period, the lender shall notify the consumer of this by means of any useful means of communication. »
Art. 13. Article 30, § 2, paragraph 1^er, from the same law, replaced by the law of June 13, 2010, the words “articles 14, § 3, 7° and 21” are replaced by the words “articles 14, § 2, 8°, § 3, 7° and 21”.
Art. 14. Article 87, paragraph 1^erthe same Act, as amended by the Act of 24 March 2003, the provision referred to in 2° shall be replaced by the following:
"(2) the lender has not complied with or violated the provisions referred to in Article 22. »
Art. 15. Section 101 of the Act, as amended by the Acts of 11 February 1994, 11 December 1998, 10 August 2001, 22 December 2002, 24 March 2003, 24 August 2005 and 13 June 2010, is inserted a paragraph 1^er/1 to read:
« § 1^er/1. is punished by a fine of 26 to 100,000 euros, who as a lender contravenes the provisions of Article 22, § 1^er, 2 or 3. "
CHAPTER 2. - Amendment of the Act of 13 June 2010 amending the Act of 12 June 1991 on consumer credit
Art. 16. Section 73, last paragraph, of the Act of 13 June 2010 amending the Consumer Credit Act of 12 June 1991 is repealed.
CHAPTER 3. - Amendment of the Act of 5 July 1998 relating to the collective settlement of debts and the possibility of the sale of immovable property seized
Art. 17. In Article 20, § 2, of the Act of 5 July 1998 on the collective settlement of debts and the possibility of the sale of the seized immovable property, as amended by the laws of 19 April 2002, 22 December 2003, 13 December 2005, 5 August 2006, 27 December 2006 and 23 December 2009, paragraph 6 is supplemented by the following words:
"and is due from the 2010 fiscal year. "
CHAPTER 4. - Amendment of the Judicial Code to the fees and expenses of the Debt Treatment Fund
Art. 18. In article 1675/19, § 2, paragraph 6, of the Judicial Code, inserted by the law of 27 December 2006 and amended by the law of 23 December 2009, the sentence "The fee of the mediator shall not exceed 1,200 euros only with a specially motivated decision of the judge. "The amount of fees and expenses of the debt mediator may not exceed 1,200 euros per file unless the judge decides otherwise by a specially reasoned decision. "
CHAPTER 5. - Amendment of the Act of 22 January 1945 on economic regulation and prices
Art. 19. Section 5 of the Economic Regulation and Prices Act of 22 January 1945, as amended by the Decree-Law of 7 May 1945, is supplemented as follows:
"(g) of offences under section 70 of the Act of 29 December 2010 relating to various provisions (I), and to orders made pursuant to that section. »
CHAPTER 6. - Amendments to the Act of 10 December 2009 on payment services
Art. 20. Article 13, § 3, of the Act of 10 December 2009 on payment services is supplemented by the following paragraph:
"When the framework contract relates to the opening of an account as referred to in section 1^er, 25°, of the Act of 12 June 1991 on consumer credit and that it is possible that an excess, within the meaning of Article 1^er, 12°quater, of the above-mentioned law, authorized to the consumer, the framework contract then mentions the information relating to the debt rate referred to in Article 11bis, § 2, 5°, of the aforementioned law. The payment service provider provides, in all cases, on paper or on other sustainable support, such information at regular intervals, whether or not an actual exceedance occurs. »
Art. 21. In article 80 of the same law, the words "with the exception of articles 7, 8, 9, 13" are replaced by the words "with the exception of articles 7, 8, 9, 13, §§ 1^er to 3, last paragraph, first sentence."
CHAPTER 7. - Administrative simplification, Justice and Foreign Affairs
Section 1^re. - Amendment of the Civil Code
Art. 22. In section 972, paragraph 1^er, from the Civil Code, amended by the laws of 16 December 1922 and 6 May 2009, the words "written in accordance with Article 13, § 2," are replaced by the words "deposed on paper in accordance with Article 13".
Section 2. - Amendment of the Act of 10 July 1931 concerning the competence of diplomatic and consular agents in non-marital matters
Art. 23. In Article 5, 2°, of the Act of 10 July 1931 concerning the competence of diplomatic and consular agents in non-marital matters, the words "a stranger" are replaced by the words "a non-belge subject".
Section 3. - Amendment of the Act of 6 May 2009 on various provisions
Art. 24. In section 26 of the Act of 6 May 2009 on various provisions, paragraph 1^er is replaced by the following:
"With the exception of section 18, this chapter comes into force on a date to be fixed by the King. »
PART 6. - Finance
CHAPTER 1^er. - Income tax
Section 1^re. - Change in the tax of natural persons
Art. 25. In section 171 of the Income Tax Code 1992, last amended by the Act of 22 December 2009, the sixth, fourth, is replaced by the following:
" - the remuneration referred to in section 31, paragraph 2, 1 and 4°, of the month of December that is, for the first time, paid or attributed by a public authority during that month of December instead of the month of January of the following year following a decision of that public authority to pay or pay the remuneration of the month of December henceforth during that month of December instead of the following month of January. »
Art. 26. Section 25 applies to income paid or awarded from 1^er January 2010.
Section 2. - Changes in income tax reporting
Art. 27. In section 306 of the Income Tax Code 1992, replaced by the Act of 28 December 1992 and amended by the Act of 5 July 1994, the words "taxation proposal" are replaced by the words "streamlined declaration proposal".
Art. 28. In section 339, paragraph 2, of the same Code, replaced by the Act of 5 July 1994, the words "taxation proposal" are replaced by the words "streamlined declaration proposal".
Art. 29. In section 346, paragraph 4, of the same Code, inserted by the Act of 5 July 1994, the words "taxation proposal" are replaced by the words "streamlined declaration proposal".
Art. 30. In section 353, paragraph 2, of the same Code, inserted by the Act of 5 July 1994, the words "taxation proposal" are replaced by the words "streamlined declaration proposal".
Art. 31. Sections 27 to 30 come into force from the 2011 taxation year.
CHAPTER 2. - Miscellaneous changes in customs and access
Section 1^re. - Amendments to the Act of 3 April 1997 on the Tax System of Manufactured Tobacco
Art. 32. Article 1^erbis of the Act of 3 April 1997 on the tax system of manufactured tobacco, inserted by the Act of 9 July 2004, is replaced by the following:
“Art. 1^erbis. In this Act and in the measures taken to implement it, the following are:
- economic operator: the manufacturer or importer of manufactured tobacco established in Belgium or the manufacturer/importer representative when the manufacturer or importer is not established in Belgium;
- tax sign: the tape and the tax stamp, provided by the Belgian state or the Luxembourg state, as the case may be, for its application on manufactured tobacco. »
Art. 33. In article 2, § 2, of the same law, replaced by the law of 20 July 2006, the words "1^er January" are replaced by the words "1^er February."
Art. 34. In article 3, § 7, of the same law, the words "and special rights of access" are deleted.
Art. 35. In sections 9 and 10 of the Act, replaced by the Act of 9 July 2004, the word "operator" is replaced by the words "economic operator".
Art. 36. Section 10bis of the Act, inserted by the Act of 9 July 2004, is replaced by the following:
"Art. 10bis. Subject to the payment deadline provisions, the amount of the excise and T.V.A. that are the tax signs according to the data mentioned in this document must be paid at the time of the consumption of manufactured tobacco products. »
Art. 37. Section 10ter of the Act, inserted by the Act of 9 July 2004, is replaced by the following:
"Art. 10ter. The tax signs are issued to economic operators through the creation of a guarantee.
The King determines the height of the guarantee. »
Art. 38. Section 11 of the Act, replaced by the Act of 9 July 2004, is replaced by the following:
“Art. 11. Exemption of excise is granted to manufactured tobacco:
(a) denatured and used for industrial or horticultural uses;
(b) destroyed under administrative supervision;
(c) exclusively for scientific testing and testing in relation to product quality;
(d) implemented by the producer.
The King determines the conditions and formalities to which the exemptions are subordinate. »
Art. 39. In Article 12, § 1^er, a), in the same law, the word "tax" is replaced by the word "accise".
Art. 40. In Article 13, paragraphs 1^er and 4, 1°, of the same law, as amended by the Royal Decree of 20 July 2000 and the Law of 21 December 2009, the words "and special excise rights" are deleted.
Art. 41. In section 16 of the Act, the words "and the right to special acquittal" are deleted.
Art. 42. Section 17 of the Act is replaced by the following:
“Art. 17. The provisions of the General Excise Regime Act of December 22, 2009 apply to the excise established by this Act. »
Art. 43. Sections 32 to 42 come into force on 1^er January 2011.
Section 2. - Amendment of the Programme Law of 27 December 2004
Art. 44. In section 419 of the Program Act of 27 December 2004, as amended by the Acts of 8 June 2008, 21 December 2009 and 23 December 2009, the following amendments are made:
1° (e), (i) is replaced by:
"(e) diesel fuel in NC codes 2710 19 41, 2710 19 45 and 2710 19 49 with a sulphur weight content exceeding 10 mg/kg:
(i) used as fuel:
- excise duty: 198,3148 euros per 1,000 litres at 15 °C;
- special excise fee: 194.7063 euros per 1,000 litres at 15 °C;
- energy contribution: 14.836 euros per 1,000 litres at 15 °C; »
2° (f), (i) is replaced by:
"(f) gasoil under code NC 2710 19 41 with a sulphur weight content not exceeding 10 mg/kg:
(i) used as fuel:
* not mixed
- excise duty: 198,3148 euros per 1,000 litres at 15 °C;
- special excise fee: 179.7063 euros per 1,000 litres at 15 °C;
- energy contribution: 14.836 euros per 1,000 litres at 15 °C;
** completed up to at least 5 p.c. EMAG flight under NC 3824 90 99 and corresponding to NBN-EN 14214:
- excise duty: 198,3148 euros per 1,000 litres at 15 °C;
- special excise fee: 160,0616 euros per 1,000 litres at 15 °C;
- energy contribution: 14.836 euros per 1,000 litres at 15 °C;".
Section 3. - Amendment of the Biofuels Act of 10 June 2006
Art. 45. In section 4 of the Biofuels Act of 10 June 2006, a paragraph 6, as follows, is added:
Ҥ 6. The King shall determine the procedure for the control and validation of the annual reports referred to in Article 5, (g) and (j).
With respect to the validation of the said annual reports, it may include that, in the event of a breach, this validation is accompanied by a reduction in the annual volume granted by the accreditation, corresponding to the percentage of the failure found. »
CHAPTER 3. - Amendment of the Act of 22 December 2009 on tax and other provisions
Art. 46. Section 92 of the Tax and Other Provisions Act of 22 December 2009 is replaced by the following:
"Art. 92. Articles 87 and 88 come into force on the day of their publication in the Belgian Monitor.
Section 89 produces its effects on 30 December 2005.
Section 90 produces its effects on November 28, 2003. »
Art. 47. Section 46 produces its effects on January 10, 2010.
CHAPTER 4. - Amendment of the Act of 12 May 2010 authorizing the Minister of Finance to grant loans to the Hellenic Republic
Art. 48. In section 2 of the Act of 12 May 2010 authorizing the Minister of Finance to make loans to the Hellenic Republic, the following amendments are made:
1° in paragraph 1^er, the words "1.074.000.000 euros" are replaced by the words "2.860.942.462,10 euros";
2° Paragraph 2 is repealed.
Art. 49. Article 48 comes into force on the day of the publication of this Act to the Belgian Monitor.
CHAPTER 5. - Amendment to the Act of 27 March 1995 on the intermediation of insurance and reinsurance and the distribution of insurance and the Act of 31 July 2009 amending the Act of 27 March 1995 on the intermediation of insurance and reinsurance and the distribution of insurance and the Act of 22 March 2006 on the intermediation of banking services and financial services and the distribution of financial instruments
Art. 50. Article 11, § 3, paragraph 1^er, of the Act of 27 March 1995 relating to the intermediation in insurance and reinsurance and the distribution of insurance, as amended by the Act of 22 February 2006, the 2° is replaced by the following:
"2° holders of a certificate of higher secondary education who have passed a examination organized by or under a decree, by a representative professional organization, an insurance or reinsurance company, an insurance or reinsurance intermediary or a credit institution, and intended to verify the possession of such professional knowledge. The examination referred to in this provision shall be approved by the CBFA. CBFA may, by regulation, specify the rules to be followed by the examinations that are organized. The interested person must also justify a practical experience whose duration will be fixed by the King but may not exceed two years. For reinsurance intermediaries, the length of the practical experience is five years. »
Art. 51. Section 3, (a), of the Act of 31 July 2009 amending the Act of 27 March 1995 on the intermediation of insurance and reinsurance and the distribution of insurance and the Act of 22 March 2006 on the intermediation of banking and investment services and the distribution of financial instruments, is repealed.
Art. 52. In section 13 of the Act, the word "a") is repealed.
Art. 53. The King sets the effective date of Article 50.
CHAPTER 6. - Buildings Regime The award of the State guarantee in the form of a bond
Art. 54. The Minister of Finance is authorized to grant, by one or more contracts and under the conditions that it conventionally defines, a guarantee of the State in the form of a bail in order to guarantee the compliance by the Régie des Bâtiments with all its obligations to pay in the following public markets:
- DBFM Design, construction, financing and maintenance of a new prison for the region of Antwerpen (Bullete of June 24, 2009, nr. 011184);
- DBFM Design, construction, financing and maintenance of a new prison for the Charleroi region (bulletin of auctions of 24 June 2009, No. 011177);
- DBFM Design, construction, financing and maintenance of a new prison for the Dendermonde region (Bullete of June 24, 2009, No. 011192);
- DBFM Design, construction, financing and maintenance of a new prison for the region of Mons (bulletin of auctions of 24 June 2009, n° 011178).
The state guarantee can get its effects as soon as 1^er January 2011.
CHAPTER 7. - Transposition of Directive 2009/14/EC of the European Parliament and of the Council of 11 March 2009 amending Directive 94/19/EC on deposit guarantee systems with respect to the level of guarantee and the period of reimbursement
Section 1^re. - General provision
Art. 55. This chapter partially transposes the Directive 2009/14/EC of the European Parliament and the Council of 11 March 2009 amending Directive 94/19/EC on deposit guarantee systems with respect to the level of guarantee and the period of reimbursement.
Section 2. - Amendments to the Act of 22 March 1993 on the Status and Control of Credit Institutions
Art. 56. In section 110 of the Act of 22 March 1993 on the Status and Control of Credit Institutions, as amended by the Acts of 23 December 1994, 17 December 1998 and 19 November 2004, the following amendments are made:
1° Paragraph 4 is replaced by the following:
"The Fund for the Protection of Deposits and Financial Instruments and the Special Fund for the Protection of Deposits and Life Assurances provide the management and operations of deposit protection systems. »;
2° the article is supplemented by a paragraph written as follows:
"Belgian deposit protection systems are regularly tested for their systems. »
Art. 57. A l'article 110bis ² and amended by the Act of 17 December 1998, 25 February 2003 and 23 December 2009 and the Royal Decrees of 20 July 2000 and 14 November 2008, the following amendments are made:
1° paragraph 1^er is replaced by the following:
« § 1^er. The prudential control authority informs agencies that manage a Belgian deposit protection system when it detects problems that may result in the intervention of these deposit protection systems.
Except in cases where bankruptcy has been pronounced, the prudential control authority takes the decision that a Belgian credit institution fails. This finding is made no later than five working days after establishing for the first time that the credit institution has not returned the deposits due and due.
Organizations that manage a Belgian deposit protection system reimburse deposits within twenty working days of the failure of the credit institution. The prudential control authority may decide to extend this period. It can only be granted an extension, not exceeding ten working days. It can only be granted in very exceptional circumstances and for specific cases of failure of credit institutions.
The credit institution fails or, if bankrupt, the curator communicates to the organizations referred to in paragraph 1^er, the data they need to repay the deposits. The King may define the rules for the exchange of data between the credit institution or the curator, on the one hand, and the agencies, on the other.
If there is any doubt about the accuracy of the data that the organizations referred to in paragraph 1^er received pursuant to paragraph 4, the credit institution or the curator shall verify the information at their request and transfer the corrected data, if any. »;
2° paragraph 2, paragraph 1^er, is supplemented by the following sentence:
"The King may adapt the above-mentioned maximum amount of intervention by the Special Fund for the Protection of Deposits and Life Insurance to align it with Article 6, paragraph 1^er above. »
Art. 58. Section 110ter of the Act, inserted by the Act of 23 December 1994 and amended by the Acts of 17 December 1998 and 19 November 2004, paragraph 1^er is replaced by the following:
« § 1^er. The Fund for the Protection of Deposits and Financial Instruments, as well as the Special Fund for the Protection of Deposits and Insurance on Life, shall take the necessary measures and arrangements to enable branches of credit institutions under the right of another Member State of the European Economic Area to participate in systems for the protection of deposits of credit institutions which they establish or are responsible for the management of, with a view to supplementing, within the limits of these systems, the guarantees granted by
If the branch that made use of the faculty provided for in paragraph 1^er fails to meet its obligations to the deposit protection system in which it participates, the Fund and the Special Fund, in collaboration with the prudential control authority, shall enter the authority that has granted the licence to the credit institution under the branch. If the situation is not rectified within twelve months, the Fund and the Special Fund may, in the opinion of that authority, exclude the branch after a twelve-month notice. The term deposits prior to exclusion remain covered by the protection system until they are due. Other deposits prior to exclusion remain covered for 12 months. Depositors at the branch are informed, by the branch or, if not, by the prudential control authority, of the termination of the coverage. »
Section 3. - Amendments to the Act of 6 April 1995 on the Status and Control of Investment Businesses
Art. 59. In section 112 of the Act of 6 April 1995 on the Status and Control of Investment Businesses, replaced by the Act of 17 December 1998 and amended by the Act of 20 July 2004, the following amendments are made:
1° Paragraph 4 is replaced by the following:
"The Fund for the Protection of Deposits and Financial Instruments and, with respect to the reimbursement of the deposits of funds referred to in Article 113, § 2, paragraph 2, the Special Fund for the Protection of Deposits and Life Insurance ensures the management and operations of investor protection systems. »;
2° the article is supplemented by a paragraph written as follows:
"Belgian investor protection systems are regularly testing their systems with respect to the reimbursement of the deposits referred to in Article 113, § 2, paragraph 2. »
Art. 60. In section 113 of the Act, amended by the Acts of 17 December 1998, 20 July 2004 and 23 December 2009 and the Royal Decree of 14 November 2008, the following amendments are made:
1° paragraph 1^er is replaced by the following:
« § 1^er. The prudential control authority informs the agencies that manage a Belgian investor protection system when it detects problems that may lead to the intervention of these systems.
Except in cases where bankruptcy has been pronounced, the authority in charge of prudential control takes the decision recognizing the failure of a Belgian law investment company or a Belgian law collective investment company. This finding is made no later than five working days after having established for the first time that an investment company or a collective investment organization management corporation did not return the deposits of funds due and payable referred to in paragraph 2, paragraph 2. The failure of Belgian credit institutions is observed by application of article 110bis ² Act of 22 March 1993 relating to the status and control of credit institutions.
The Fund shall provide the refund or compensation referred to in section 112, within three months, after the eligibility and amount of the investor's debt has been established. The prudential control authority may decide an extension not exceeding three months. This extension can only be granted in very exceptional circumstances and for specific cases of failure of a credit institution, an investment company or a collective investment management company.
By derogation from paragraph 3, the Fund and the Special Fund for the Protection of Deposits and Insurance on Life shall reimburse the deposits referred to in paragraph 2, paragraph 2, within twenty working days of the failure of the credit establishment, the investment undertaking or the collective investment organization management company. The prudential control authority may decide to extend this period. It can only be granted an extension, not exceeding ten working days. It can only be granted in very exceptional circumstances and for specific cases of failure of credit establishments, investment companies and collective investment management companies.
The deficient credit institution, the failed investment company, the failed collective investment organization management company or, if in bankruptcy, the curator communicates to the organizations referred to in paragraph 1^er, the data they need to repay the deposits. The King may define the rules relating to the exchange of data between the credit institution, the investment company, the collective investment management company or the curator, on the one hand, and the agencies, on the other.
If there is any doubt about the accuracy of the data that the organizations referred to in paragraph 1^er received pursuant to paragraph 5, the credit institution, the investment company, the collective investment organization management company or the curator shall verify them at their request and transfer them, if any, the corrected data. »;
2° paragraph 2, paragraph 2, is supplemented by the following sentence:
"The King may adapt the above-mentioned maximum amount of intervention by the Special Fund for the Protection of Deposits and Life Insurance to align it with Article 6, paragraph 1^er above. »
Art. 61. Section 114 of the Act, replaced by the Act of 17 December 1998 and amended by the Act of 20 July 2004, is replaced by the following:
"Art. 114. The Fund for the Protection of Deposits and Financial Instruments, as well as the Special Fund for the Protection of Deposits and Insurance on Life, shall take the necessary measures and arrangements to enable the branches of credit institutions, investment companies and management companies of collective investment bodies under the right of another Member State of the European Economic Area to participate in the systems for the protection of investors that they establish or of which they assume the management, with a view to
If the branch that made use of the faculty provided for in paragraph 1^er does not meet its obligations to the investor protection system in which it participates, the Fund and the Special Fund, in collaboration with the prudential control authority, shall enter the authority that has granted the approval to the credit establishment, the investment undertaking or the collective investment organization management company under the branch. If the situation is not rectified within twelve months, the Fund and the Special Fund may, in the opinion of that authority, exclude the branch after a twelve-month notice. The long-term commitments prior to exclusion remain covered by the protection system until they are completed. Other assets held previously excluded remain covered for twelve months. Investors are informed by the branch, or, if not, by the prudential control authority, of the cessation of coverage. »
Section 4. - Amendment of the Act of 17 December 1998 establishing a Fund for the Protection of Deposits and Financial Instruments and reorganizing systems for the protection of deposits and financial instruments
Art. 62. In section 13 of the Act of 17 December 1998 establishing a Fund for the Protection of Deposits and Financial Instruments and reorganizing systems for the protection of deposits and financial instruments, paragraph 2 is replaced by the following:
"It is an exception to the prohibition under paragraph 1^er for communications of information to the authority in charge of prudential control, the Special Fund for the Protection of Deposits and Insurance on Life and the management organizations of systems for the protection of deposits or financial instruments of other States, as part of the necessary collaboration with these bodies. »
Section 5. - Amendment of the Financial Sector Supervision and Financial Services Act of 2 August 2002
Art. 63. Article 75, § 1^er, 6°, of the Financial Sector Supervision and Financial Services Act of August 2, 2002, amended by the Acts of July 20, 2006 and December 21, 2009 and the Royal Decree of March 25, 2003, is replaced by the following:
"6° to Belgian bodies or another member State of the European Economic Area managing a system for the protection of deposits, investors or life insurance; "
Section 6. - Amendments to the Royal Decree of 14 November 2008 implementing the Act of 15 October 2008 on measures to promote financial stability and, in particular, establishing a State guarantee on the credits granted and other transactions carried out in the context of financial stability, with regard to the protection of deposits and life insurance, and amending the Act of 2 August 2002 on the supervision of the financial sector and financial services
Art. 64. In the Royal Decree of 14 November 2008 enforcing the Act of 15 October 2008 on measures to promote financial stability and in particular establishing a State guarantee relating to the credits granted and other transactions carried out in the context of financial stability, with regard to the protection of deposits and life insurances, and amending the Act of 2 August 2002 on the supervision of the financial sector and financial services, as confirmed by Article 199 of
"Art. 2/1. The articles listed in the left column, Directive 94/19/EC on deposit guarantee systems, as amended by the Directive 2009/14/EC of the European Parliament and the Council of 11 March 2009 concerning the level of guarantee and the period of reimbursement, are transposed by the articles of this Order listed in the right column:

Art. 65. Article 4, § 1^er, 3°, from the same decree, the words "European Union" are replaced by the words "European Economic Area".
Art. 66. In section 6 of the same order, as amended by the Act of 23 December 2009, the following amendments are made:
1st paragraph 1^er is supplemented by the following sentence:
"The King can adapt this amount to align it with the amount adapted by the European Commission to inflation in the European Union. »;
2° to paragraph 5, the words "The limit of EUR 100,000" are replaced by the words "The limit referred to in paragraph 1^er »;
3° in paragraph 6, 1°, the words "or filed a request for judicial reorganization or is subject to judicial dissolution" are repealed.
Art. 67. In the same order, an article 9/1 is inserted, as follows:
"Art. 9/1. Except where they are called to testify in court or before a parliamentary commission of inquiry, the officers of the Caisse des Dépôts et Consignations chargé de la gestion du Fonds spécial de protection des dépôts et des assurances sur la vie and any person called to cooperate in the management or control of the management of this Special Protection Fund, may not disclose to any person or authority the confidential information that they hold for their functions.
It is an exception to the prohibition under paragraph 1^er for communications of information to the authority in charge of prudential control, the Fund for the Protection of Deposits and Financial Instruments and to the management bodies of deposit protection systems or insurances on the life of other States, within the framework of the necessary collaboration with these bodies.
Offences under this section shall be punished by the penalties provided for in Article 458 of the Criminal Code.
The provisions of Book I^er the Criminal Code, without exception of Chapter VII and section 85, shall apply to offences under this section. »
Section 7. - Entry into force
Art. 68. This chapter comes into force on 1^er January 2011, with the exception of Article 66, 3°, which produced its effects on 24 June 2010.
PART 7. - Inside
CHAPTER 1^er. - Obligation of identification and registration when buying old metals and precious metals
Art. 69. For the purposes of this chapter, the following means:
1° old metals: all used or recovered metal parts;
2° precious metals: all works in gold, silver or platinum used for ornament, exclusively or partially, by themselves or by assembly with other objects, excluding coins, or intended for the trade or manufacture of jewellery, clocks and goldsmiths, including decorations, medals and insignia in these precious metals, regardless of their degree of completion.
Art. 70. § 1^er. Individuals and legal entities active in the recovery, recycling and trade of old metals or precious metals, when they buy such metals from natural persons, are responsible for the identification and registration of the person who presents himself with the metals concerned if these purchases are paid in cash.
§ 2. Any person who presents with the metals concerned must sign a statement specifying whether or not it provides as subject to T.V.A.. Where applicable, it must also indicate its identification number to the T.V.A..
§ 3. The identification is made on the basis of the name, first name and date of birth of the person who presents with the metals concerned. The King determines the modalities for the identification and registration of these data.
§ 4. Identification data are retained for a period of seven years after purchase. They are made available, on any requisition, agents referred to in Article 6, § 1^erof the Law of 22 January 1945 on Economic Regulation and Prices. »
Art. 71. Offences under section 70 and its enforcement orders are sought, found, prosecuted and punished in accordance with the provisions of chapters II and III of the Act of 22 January 1945 on economic regulation and prices.
CHAPTER 2. - Amendments to the Civil Protection Act of 31 December 1963 and the Civil Security Act of 15 May 2007
Art. 72. In the Civil Protection Act of 31 December 1963, an article 12/1 is inserted as follows:
"Art. 12/1. The King determines the conditions for granting grants to the provincial training centres for approved public emergency services for the training they organize for members of public emergency services.
It determines them on the basis of the presence of the students in the courses, their participation in the examinations, respect for the formal rules for the introduction of grant applications and the conclusion of a convention with the SPF Interior.
The amount of the grant is fixed by the King on the basis of the nature of training, the number of hours and the cost of training. "
Art. 73. In the Civil Security Act of 15 May 2007, a title XIIIbis includes section 175/1, which reads as follows:
« Title XIIIbis. Provincial training centres for public emergency services
Art. 175/1. The King determines the conditions for granting grants to the provincial training centres for approved public emergency services for the training they organize for members of public emergency services.
It determines them on the basis of the presence of the students in the courses, their participation in the examinations, respect for the formal rules for the introduction of grant applications and the conclusion of a convention with the SPF Interior.
The amount of the grant is fixed by the King on the basis of the nature of training, the number of hours and the cost of training. »
Art. 74. Section 72 produces its effects on May 15, 2003, except in respect of litigation proceedings before this Act comes into force.
The King sets the effective date of Article 73.
CHAPTER 3. - Integrated Police
Section 1^re. - Amendments to the Police Functions Act
Art. 75. In section 52 of the Police Service Act, as amended by the Acts of 7 December 1998 and 15 May 2007, the following amendments are made:
1° in § 1^er, paragraph 2, the words "act that led to at least one day of absence on health grounds" are replaced by the words "damageable fact";
2° in § 3, a paragraph written as follows is inserted before paragraph 1^er :
“§3. Legal assistance may be denied, as the case may be, by the municipality, the multi-communal area or by the State when compensation sought by the police officer is purely moral. The police officer to whom such assistance is denied may, at his request, present his or her views within ten days of the decision to refuse. The decision is then confirmed or amended. »;
3° in § 4, paragraph 1^er, the words "paragraphs 2 and 3" are inserted between the words "in accordance with § 3" and the words "and it appears from the decision of justice";
4° § 5 is supplemented by two paragraphs, which read as follows:
"The King determines the terms and conditions for the provision of legal assistance for police officers who are employed by another service.
The King shall at the same time determine the cases in which police officers are employed by another service, as referred to in paragraph 4. "
Art. 76. In section 53 of the Act, as amended by the Acts of 7 December 1998 and 15 May 2007, the following amendments are made:
1° in § 1^erParagraph 1^er, the words "or as a result" are inserted between the words "of damage to property suffered in" and the words "its functions";
2° the article is supplemented by § 7, written as follows:
Ҥ 7. The King determines the terms and conditions for the handling of damage to property for police officers who are employed by another service.
The King shall at the same time determine the cases in which police officers are employed by another service, as referred to in paragraph 1^er. »
Section 2. - Transfer of military personnel to the federal police operational framework
Art. 77. For a maximum of one hundred military personnel who, pursuant to the Act of 16 July 2005 establishing the transfer of certain military personnel to a public employer, are transferred to the operational framework of the federal police following a disposition commenced in the year 2011, the Department of Defense shall, between the day of the transfer and the end of the five-year period beginning on the day of the disposition, take over 66.6 per cent of the salary due to the member,
It must be understood by due treatment, the safeguarding treatment that the King fixes, but also the holiday toll, the restructuring bonus and the end-of-year allocation, plus the employers' charges established pursuant to the law of 29 June 1981 establishing the general principles of social security of workers employed.
Whenever the treatment of the transferred member is not due completely, the backup treatment is diminished in the same proportion.
PART 8. - Environment and sustainable development
CHAPTER 1^er. - Amendments to section 25-1 of the table annexed to the Organic Law of 27 December 1990 creating budgetary funds
Art. 78. In section 25-1 of the table annexed to the Organic Law of 27 December 1990 creating budgetary funds, as set out in section 436 of the Program Law (I) of 24 December 2002, as amended by section 238 of the Program Law of 27 December 2004 and by the Acts of 27 December 2006, 9 September 2008 and 22 December 2008, the following amendments are made:
1° under the "Nature of Affected Revenue", the first paragraph is replaced by the following:
"A portion determined by the King of the proceeds of the federal contribution referred to in Article 21bis, § 1^er, paragraph 4, 4°, of the law of 29 April 1999 on the organization of the electricity market, fixed by the King pursuant to article 21ter of the same law, with a maximum of 3.6 million euros on an annual basis from 1^er January 2010. »;
2° under the "Nature of affected income", the entry is supplemented by a paragraph that reads as follows:
"A single additional transfer in 2010 of 700,000 euros of the product of the federal contribution referred to in Article 21bis, § 1^er, paragraph 4, 4°, of the Act of 29 April 1999 on the organization of the electricity market, established by the King pursuant to Article 21ter of the same Law. »
CHAPTER 2. - Amendments to the Act of 21 December 1998 on standards of products for the promotion of sustainable production and consumption patterns and the protection of the environment and health
Art. 79. This chapter aims to transpose, in part, the Directive 2008/99/EC of the European Parliament and the Council of 19 November 2008 on the protection of the environment by criminal law.
Art. 80. In article 2, paragraph 1^er, of the Act of 21 December 1998 on standards of products for the promotion of sustainable production and consumption patterns and the protection of the environment and health, a point 3°bis is inserted as follows:
"3°bis placed on the illegal market: the introduction, importation or detention for the sale or provision of third parties, the offer for sale, the sale, the offer for rent, the rental, or the assignment as expensive or free of charge of a product made in contravention of the technical conditions and/or requirements set out in this Act and by its enforcement orders, as well as by the regulations of the European Union^re;".
Art. 81. In section 4 of the Act, the words "in accordance with the provisions of this Act and its enforcement orders, as well as the regulations of the European Union contained in Schedule I^re are inserted between the words "marketed" and the words "must be designed".
Art. 82. Section 17 of the Act, amended by the Acts of 28 March 2003, 27 December 2004, 20 July 2005, 1^er March 2007, 11 May 2007 and 10 September 2009, the following amendments are made:
1° a paragraph 2quater is inserted as follows:
§ 2quater. The penalties set out in paragraphs 1^er and 2 are liable to imprisonment from ten days to ten years and to a fine of 1,000 euros to 7,000,000 euros or one of these penalties only when:
1° a product covered by the acts in Annexes VI and VII is illegally placed on the market and that it intentionally causes in the head of the person who illegally put it on the market, a release, emission or introduction of a quantity of substances in the atmosphere, water or soil that causes or is likely to cause death or serious injury to persons during its use;
2° a product referred to in Schedule VII is illegally placed on the market and that it intentionally causes in the head of the person who illegally put it on the market, a release, emission or introduction of a quantity of substances in the atmosphere, water or soil that causes or is likely to cause a substantial degradation of the quality of air, water or flora or fauna. »;
2° a 2quinquies paragraph is inserted as follows:
Ҥ 2quinquies. The penalties set out in paragraphs 1^er and 2 are liable to imprisonment from eight days to one year and a fine of 250 euros to 5.000.000 euros or one of these penalties only when:
1° a product covered by the acts in Annexes VI and VII is illegally placed on the market and that it causes, as a result of serious negligence in the leader of the person who illegally placed it on the market, a release, emission or introduction of a quantity of substances in the atmosphere, water or soil that causes or is likely to cause death or serious injury to persons during its use;
2° a product referred to in Schedule VII is illegally placed on the market and that it causes, as a result of serious negligence in the leader of the person who illegally placed it on the market, a release, emission or introduction of a quantity of substances in the atmosphere, water or soil that causes or is likely to cause a substantial degradation of the quality of the air, fauna or the land or flora »;
3° paragraph 4, first paragraph, is supplemented by 6° and 7° as follows:
"6° the rehabilitation of damage to the environment or the prevention of a risk of damage to the environment;
7° the execution of any other measures to protect human health or the environment from damage caused or likely to be caused. »
Art. 83. In the same Act, an annex VI and an annex VII are included in the Schedule to this Act.
CHAPTER 3. - Amendment of the Act of 30 July 2010 amending the Act of 5 May 1997 on the Coordination of Federal Sustainable Development Policy
Art. 84. Section 24 of the Act of 30 July 2010 amending the Act of 5 May 1997 on the coordination of the federal policy of sustainable development the following amendments are made:
« 1° The first paragraph is replaced by the following:
"The King fixes the next Plan by December 31, 2011 on the basis of the draft Federal Sustainable Development Plan 2009-2012 prepared by the Commission. The Federal Sustainable Development Plan 2004-2008, set by the Royal Decree of October 28, 2004, remains valid until the next plan is finalized. »
2° In the second paragraph, the word "Twelve" is replaced by the word "24".
PART 9. - Mobility
CHAPTER 1^er. - Environment and Mobility - Amendments to the Act of 18 February 1969 and the Act of 21 June 1985 to partially transpose the Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment by criminal law
Section 1^re. - General provision
Art. 85. This chapter partially transposes the Directive 2008/99/EC of the European Parliament and the Council of 19 November 2008 on the protection of the environment by criminal law.
Section 2. - Amendment of the Act of 18 February 1969 on measures to implement international treaties and acts in the field of carriage by sea, road, rail or inland waterway
Art. 86. In Article 2, § 1^erof the Act of 18 February 1969 on measures for the execution of international treaties and acts relating to the carriage by sea, by road, by rail or by inland waterway, three paragraphs, as follows, are inserted between paragraphs 1^er and 2:
"Everyone who has violated a product standard under Article 1^er of the present Act and adopted pursuant to the Community legislation referred to in the annex to the Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 relating to the protection of the environment by criminal law, shall be punished by imprisonment of ten days to ten years and by a fine of one thousand euros to seven million euros, or by one of these penalties only, if such action or omission has been committed with the intention of causing
Any person who has intentionally incited to commit the offence under the preceding paragraph will be punished by the same penalties.
Whoever has violated a product standard under Article 1^er of the present Act and adopted pursuant to the Community legislation referred to in the annex to the Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 relating to the protection of the environment by criminal law, shall be punished by imprisonment of eight days to one year and a fine of two hundred and fifty euros to five million euros, or by one of these penalties only, if this action or omission caused by serious negligence »
Section 3. - Amendment of the Act of 21 June 1985 on the technical conditions to be met by any ground vehicle, its components and safety accessories
Art. 87. In Article 4, § 1^erof the Act of 21 June 1985 on the technical conditions to be met by any road vehicle, its elements and the safety accessories, three paragraphs, as follows, are inserted between subparagraphs 1^er and 2:
"Any person who has violated a product standard relating to vehicles of carriage by land, their elements and accessories, including those of safety, established by or under this Act and adopted pursuant to an act of legislation referred to in the annex to the Directive 2008/99/EC of the European Parliament and the Council of 19 November 2008 on the protection of the environment by criminal law shall be liable to imprisonment from ten days to ten years and to a fine of one thousand euros
Any person who has intentionally incited to commit the offence under the preceding paragraph will be punished by the same penalties.
a person who has violated a product standard relating to vehicles of carriage by land, their elements and accessories, including those of safety, established by or under this Act and adopted pursuant to a law annexed to the Directive 2008/99/EC of the European Parliament and the Council of 19 November 2008 on the protection of the environment by criminal law shall be punished by imprisonment of eight days to one year and a fine of two hundred and fifty euros »
CHAPTER 2. - Inland navigation - Amendments to the Act of 8 July 1976 relating to the licence to operate inland navigation vessels and to the financing of the Institute for the carriage by batellerie
Art. 88. In section 2 of the Act of 8 July 1976 on the licence to operate inland navigation vessels and the financing of the Institute for the carriage by batellerie, as amended by the Royal Decree of 14 May 1993, the words "the regulator of inland navigation" are replaced by the words "the Federal Public Service Mobility and Transport".
Art. 89. Section 3 of the Act, as amended by the Royal Decree of 20 July 1998, is replaced as follows:
“Art. 3. The issuance of the licence is subject to the payment of an annual fee, the amount of which is fixed taking into account the tonnage of the vessel and the power of the engine in kilowatt, as a result of the gauge certificate.
The fee is calculated on the basis of an amount of 0.11 euro per ton and 0.29 euro per kilowatt. The King can adapt these amounts according to the evolution of the Consumer Price Index.
The King sets out the modalities for the collection of the royalty. »
Art. 90. In section 4 of the Act, the sentence "For this purpose, the Office of the Internal Navigation shall transfer the amount to the Institute" is replaced as follows:
"To this end the amount of these royalties is paid on an account of this Institute. »
Art. 91. Section 5 of the Act is replaced as follows:
“Art. 5. § 1^er. Offences to this Act and its enforcement orders shall be punished by imprisonment for a maximum of seven days and a fine of not more than twenty-five euros, or by one of these penalties only, without prejudice to damages if it is purchased.
The provisions of Book I^er the Criminal Code, including Chapter VII and Article 85, are applicable to these offences.
§ 2. In the event of a recidivism within two years of the conviction, the penalty shall not, without prejudice to section 56 of the Criminal Code, be less than double the sentence imposed previously by the head of the same offence. »
Art. 92. Section 6 of the Act is replaced as follows:
“Art. 6. § 1^er. When determining one of the offences referred to in Article 5, § 1^er, if the fact has not caused harm to others and with the consent of the perpetrator of the offence, an amount may be collected immediately, either within a period determined by the King.
The King determines the amount that cannot exceed the maximum of the fine provided for this offence, plus additional decimals and the manner in which it is collected.
§ 2. The payment extinguishes the public action, unless the Public Prosecutor's Office notify the interested party in the month from the day of payment that it intends to carry out this action.
The notification shall be made by registered mail; is deemed to be made on the first business day following the day on which the deposit is made.
§ 3. If the offender does not have a fixed domicile or residence in Belgium and does not immediately pay the proposed amount, the offender shall in the hands of the agents referred to in Article 7 shall record an amount to cover the possible fine.
The King sets out the amount of the amount to be recorded and the manner in which it is collected.
The building led by the perpetrator of the offence shall be held at the cost and risk of the offence, until such sum is paid and justification for the payment of any building conservation costs.
If the amount due is not paid in the non-ante-six hours following the finding of the offence, the seizure of the building may be ordered by the Public Prosecutor's Office.
A notice of seizure is sent to the owner of the building within two business days.
The building remains at the expense and risk of the offender during the duration of the seizure.
The seizure is waived after justification for the payment of the amount to be recorded and any costs for the preservation of the building.
§ 4. If the exercise of public action results in the conviction of the person concerned, the following provisions apply:
1° the amount collected or recorded shall be charged against the costs of justice, the fine imposed and the contributions due to the State; the potential surplus is returned;
2° where the building is seized, the judgment orders that the competent administration for the management of the Domains proceed to the sale of the building, in the absence of payment of the fine, legal fees and legal contributions within forty days of the pronouncement of the judgment; this decision is enforceable notwithstanding any appeal.
The proceeds of the sale shall be of full right to the State for the portion of the fines imposed, the costs of justice, the legal contributions as well as any costs for the preservation and towing of the building; the potential surplus is returned to the owner of the building sold.
§ 5. In the event of the acquittal of the interested person, the amount collected or recorded or the seized building shall be returned; any costs for the conservation and towing of the building shall be borne by the State.
§ 6. In the event of a conditional conviction or suspension of a pronouncement, the amount collected or recorded shall be returned after deduction of court fees; the seized building shall be returned after justification for the payment of any costs for the preservation of the building including the costs of towing and the costs of justice due to the State.
§ 7. When the Public Prosecution Service decides not to pursue or when the public action is extinguished or prescribed, the amount recorded or the seized building shall be returned. »
Art. 93. Section 7 of the Act is replaced as follows:
“Art. 7. § 1^er. Without prejudice to the provisions of the second preambular paragraph, the King shall designate categories of officers who are responsible for investigating and detecting offences under this Act and its enforcement orders.
Agents belonging to one of the categories referred to in paragraph 1^er are responsible for the application of Article 6 provided that they have been individually designated for this purpose by the Attorney General to the Court of Appeal in the jurisdiction of which they have their administrative residence.
The King may confer the quality of judicial police officers to officers, individually designated for that purpose, who are members of one of the categories referred to in paragraph 1^er.
Agents belonging to one of the categories referred to in paragraph 1^er record the offences in minutes that are alleged to the contrary. A copy is sent to the offender within fifteen days of the finding of the offence.
§ 2. Qualified officers have access to premises, land, buildings and have the right to verify business books and documents, subject to this Act.
However, they can only enter the inhabited premises if they are dressed as a judicial police officer and only with the prior authorization of the judge in the police court; visits to manned premises must be carried out between five in the morning and nine in the evening, jointly by at least two officers.
They can check professional books and documents, take copies or extracts on site and require any useful explanations about them. »
CHAPTER 3. - Amendments to the law of May 5, 1936 on river charter
Art. 94. In the Dutch text of Article 15 of the Law of 5 May 1936 on river charter, amended by the Law of 21 October 1997 and the Law of 6 May 2009, the words "of overligdagen" are replaced by the words "het overliggeld".
Art. 95. In section 16 of the Act, paragraph 2 is replaced by the following:
"The King determines the compensation for loading or unloading outside normal working hours, as well as the parts of a day to which it applies. .
Art. 96. Section 17 of the Act is supplemented by a paragraph written as follows:
"The starry time is formulated in whole days or in part of a day. "
Art. 97. Section 19 of the Act is supplemented by a paragraph written as follows:
"If the time of starry is formulated in part of a day the concept day is replaced by part of a day. »
Art. 98. Section 23 of the Act is replaced by the following:
“Art. 23. The surests run without interruption and are calculated, depending on the terms of fixing the time of starry, by whole days but also by parts of a day until the end of loading or unloading, including Sundays and holidays. »
Art. 99. Section 26 of the Act is supplemented by a paragraph written as follows:
"If the starry period is made in part of the day, the deadlines mentioned, the 15-day period included, are applied in proportion and the aforementioned concept day is replaced by part of a day. »
Art. 100. This chapter comes into force on the day of the publication of this Act to the Belgian Monitor.
CHAPTER 4. - Road transport - Implementation of Regulation (EEC) No 3821/85 of 20 December 1985 concerning the control device in the field of road transport
Art. 101. As part of the execution of Regulation (EEC) No 3821/85 of 20 December 1985 concerning the control device in the field of road transport, the King determines:
1° the price of tachograph cards;
2° the categories of driver's license required to obtain a driver's card;
3° the period within which the holder of a tachograph card whose validity is expired or which is no longer used shall return it to the competent body.
CHAPTER 5. - Airport Identification Badges
Art. 102. In section 8 of the Act of 3 May 2005 amending the Act of 11 December 1998 on classification and security clearances, as amended by the Act of 30 December 2009, the number "2010" is replaced by the number "2011".
CHAPTER 6. - Amendment of the Act of 27 June 1937 revising the Act of 16 November 1919 relating to the regulation of air navigation
Art. 103. In section 39, § 2, of the Act of 27 June 1937 revising the Act of 16 November 1919 relating to the regulation of air navigation, inserted by the Act of 30 December 2009, the following amendments are made:
1° Paragraph 3 is replaced by the following provision:
"For the purpose of carrying out their inspection tasks, they have access to all buildings and facilities located inside the airport in which they are designated. They may, in such cases and in accordance with the procedure provided for in article 34, § 1^er and 4, paragraphs 1^er and 3 of the Police Service Act of 5 August 1992. »;
2° the paragraph shall be supplemented by a paragraph which reads as follows:
"They will transmit the minutes they have made immediately to the competent King's Prosecutor. They send a copy to the Chief Inspector. »
CHAPTER 7. - Transport - Amendments to the Act of 19 December 2006 relating to railway safety and the Program Act of 22 December 2008
Art. 104. This chapter partially transposes the Directive 2004/49/EC of the European Parliament and the Council of 29 April 2004 on the safety of community railways and amends Council Directive 95/18/EC on railway licences, as well as Directive 2001/14/EC on the distribution of railway infrastructure capacity, railway infrastructure pricing and security certification.
Art. 105. In the Act of 19 December 2006 on railway safety, section 11, whose current text will form paragraph 1^er, is supplemented by paragraph 2 as follows:
Ҥ2. Derogation from paragraph 1^er the direction of the security authority shall no longer have any connection with the SNCB Holding and shall no longer be entitled to the rights and benefits recognized to the statutory agents of the SNCB Holding under paragraph 1^er paragraph 1^er no later than eighteen months from the coming into force of the Act of 29 December 2010 on various provisions (I).
The King shall determine, by order deliberately in the Council of Ministers, the content of the concept "direction" of the security authority provided for in this paragraph. »
PART 10. - Social affairs
UNIC CHAPTER. - Amendments to the Compulsory Health Care Insurance Act and Coordinated Benefits on July 14, 1994 - Contribution to the Equilibrium Objective of Social Security
Art. 106. In Article 40, § 1^er, paragraph 6, of the Compulsory Health Care Insurance Act and Coordinated Indemnities on 14 July 1994, introduced by section 42 of the Program Law of 23 December 2009, the words "450 million euros" are replaced by the words "1.093 million euros".
Art. 107. This chapter comes into force on 1^er January 2011.
PART 11. - Public health
CHAPTER 1^er. - Amendments to the Compulsory Health Care and Compensation Insurance Act, coordinated on 14 July 1994
Section 1^re. - Drugs
Sub-section 1^re. - Contributions on turnover
Art. 108. In section 191, paragraph 1^er15°novies of the Compulsory Health Care Insurance Act, coordinated on 14 July 1994, inserted by the Act of 27 December 2005 and amended by the Acts of 27 December 2006, 21 December 2007, 8 June 2008, 19 December 2008, 22 December 2008 and 23 December 2009, the following amendments are made:
1° paragraph 3 is supplemented by the following sentence:
"For 2011, the amount of this contribution is 6.73 p.c. of the turnover that was made in 2011. »;
2° in paragraph 5, last sentence, the word "and" is replaced by the word "," and the sentence is supplemented as follows:
"and before 1^er May 2012 for the turnover that was made in 2011. »;
3° in paragraph 7, first sentence, the word "and" is replaced by the words "," and the words "and the 2011 turnover contribution" are inserted between the words "2010 turnover" and the words "are paid";
Paragraph 8 is supplemented by the following sentence:
"For 2011, the advance and balance referred to in the previous paragraph must be paid respectively before 1^er June 2011 and 1^er June 2012 on the account of the National Institute of Disability Health Insurance, indicating, respectively, "Further revenue 2011 contribution" and "Further revenue 2011 contribution balance. »;
5° Paragraph 10 is supplemented by the following sentence:
"For 2011 the above-mentioned advance is set at 6.73 p.c. of the turnover that was made in 2010. »;
6° the last paragraph is supplemented by the following sentence:
"Recipients resulting from the 2011 turnover contribution will be included in the mandatory health care insurance accounts for fiscal year 2011. »
Art. 109. In section 191, paragraph 1^erParagraph 5, of the same Act, inserted by the Act of 23 December 2009, is supplemented by the following sentence:
"For 2011, the amount of this contribution is set at 1 p.c. of the turnover that was made in 2011 and the advance is set at 1 p.c. of the turnover made in 2010. »
Art. 110. In section 191bis, paragraph 1^er, of the same law, inserted by the law of 10 June 2006, amended by the law of 26 December 2006, replaced by the law of 25 April 2007 and amended by the law of 24 July 2008, the words "15°decies" are replaced by the words "15°duodecies".
Art. 111. In section 191ter, paragraph 1^er, of the same law, inserted by the law of 10 June 2006, amended by the law of 27 December 2006 and replaced by the law of 24 July 2008, the words "15°decies" are replaced by the words "15°duodecies".
Art. 112. In section 191quater, paragraph 1^er, of the same law, inserted by the law of 10 June 2006, amended by the law of 27 December 2006 and replaced by the law of 24 July 2008, the words "15°decies" are replaced by the words "15°duodecies".
Sub-section 2. - Cheap specifications
Art. 113. In section 73, § 2, of the Act, replaced by the Act of 24 December 2002 and amended by the Royal Decree of 17 September 2005, the laws of 27 December 2005, 13 December 2006, 8 June 2008, 19 December 2008, 22 December 2008, 10 December 2009 and 23 December 2009, the following amendments are made:
1° Paragraph 5 is replaced by the following:
"As a transitional measure, pending the order referred to in paragraph 4, the percentages per physician holding one of the following particular professional titles reserved for medical art practitioners, including dental art, are as follows:
- general practitioner: 50%
- doctor specializing in internal medicine, holder of special professional title in clinical hematology: 42%
- doctor specializing in internal medicine, holder of special professional title in endocrino-diabetology: 34%
- specialist in acute medicine: 53%
- Medical oncology specialist: 39%
- specialist in anesthesia-reanimation: 46%
- cardiology doctor: 43%
- Surgery specialist: 45%
- doctor specializing in neurosurgery: 43%
- doctor specializing in dermatovenereology: 39%
- specialist in gastroenterology: 65%
- Gynaecology specialist: 42%
- specialist in geriatrics: 41%
- doctor specializing in internal medicine: 43%
- doctor specializing in neurology: 36%
- specialist in psychiatry: 49%
- doctor specializing in neuropsychiatry: 42%
- doctor specialist in ophthalmology: 16%
- doctor specializing in orthopaedic surgery: 43%
- specialist doctor in otorhino-laryngology: 24%
- specialist in pediatrics: 34%
- Medical specialist in physical medicine and rehabilitation: 44%
- doctor specialized in pneumology: 29%
- doctor specialized in radiotherapy: 44%
- doctor specialist in rheumatology: 32%
- doctor specialist in stomatology: 70%
- doctor specialized in urology: 41%
- dentists: 75%
- other specialists: 18% »;
2° in paragraph 6, the words "in section 165, 8°, of the law" are replaced by the words "in section 165, paragraph 8",
3° Paragraph 7 is supplemented by the following:
"From 2011, the short observation period of 1^er January to 30 June and 1^er July to December 31 of each year. During this observation period, the physicians who prescribed at least 200 repayable packages during this period are taken into account in the compulsory health care insurance, issued in an open-ended informal. For dentists, this minimum threshold is 30 packagings. "
Art. 114. This subsection comes into force on 1^er January 2011.
Subsection 3. - Reference reimbursement
Art. 115. In section 35ter of the Act, replaced by the Act of 27 December 2005 and amended by the Acts of 25 April 2007, 22 December 2008 and 23 December 2009, the following amendments are made:
1° in paragraph 1^erParagraph 4, the word "30" is replaced by the word "31";
2° in paragraph 1^er, paragraph 5, the word "4" is replaced by the word "6";
3° in paragraph 1^er, paragraph 6, the word "3.5" is replaced by the word "5,5";
4° in paragraph 4, paragraph 1^er, 1°, the words "when within 24 months after the fixing of the new refund base on the basis of § 1^er, it turns out that there is no refundable specialty in the list that meets the criteria that may give rise to the application of § 1^er and are inserted between the words "or" and the words "when it";
5° in paragraph 4, paragraph 1^er, is inserted as follows:
"1°/1 is, after the 24 months following the fixing of the new refund base on the basis of paragraph 1^er, it turns out that there is no repayable specialty in the list that meets the criteria that may result in the application of subsection 1^er and when pursuant to paragraph 3, paragraph 1^er, 1° or 2°, the refund base and the public price are maintained at the level that is their following the application of paragraph 1^er. If later a pharmaceutical specialty may re-enact the application of paragraph 1^er, these specialties are exempt from the reduction. "
Sub-section 4. - Decrease in the reimbursement base
Art. 116. Section 35ter of the Act, replaced by the Act of 27 December 2005 and amended by the Acts of 25 April 2007, 22 December 2008 and 23 December 2009, is supplemented by paragraph 6, as follows:
Ҥ 6. 1^er April 2011:
(a) the basis for reimbursement of specialties for which a new reimbursement base has been established after 1^er April 2009 on the basis of paragraph 1^er, where applicable by the application of section 35quater, is reduced by full law by 1.43 per cent;
(b) the basis for reimbursement of specialties for which a new reimbursement base has been established on 1^er May 2009 on the basis of paragraph 1^er, if applicable by the application of section 35quater, is reduced by full law by 7.34 per cent;
(c) the basis for reimbursement of specialties for which a new reimbursement base has been established after 1^er April 2007 and before 1^er April 2009 on the basis of paragraph 1^er, if applicable by the application of section 35quater, shall be reduced by full law by 3.48 % additional;
(d) the basis for reimbursement of specialties for which a new reimbursement base has been established before 1^er April 2007 on the basis of paragraph 1^er, if applicable by the application of section 35quater, is reduced by full law by 5.49 % additional.
This paragraph does not apply to specialties to which the provisions of section 35bis, § 4, paragraph 5, have been applied.
The provisions of that paragraph and the provisions of paragraph 1^erParagraphs 5 and 6 cannot be applied simultaneously to the same specialty. »
Subsection 5. - Price blocking
Art. 117. From 1^er January 2011 until December 31, 2011 inclusive, the prices of drugs referred to in Article 313, § 1^er, of the programme law of 22 December 1989, cannot be increased.
For price increase requests introduced between 1^er January 2010 and December 31, 2011, the deadlines set out in Article 5, § 2, of the Ministerial Order of December 29, 1989 concerning the prices of refundable medicines, begin to run only from 1^er January 2012.
At the request of the holder of the marketing authorization, the Minister who has the Economic Affairs in his or her powers may grant an exemption from price blocking in exceptional cases and as long as there are specific reasons for profitability. The Minister shall notify the applicant within 90 days. If the information provided in support of the application is insufficient, it shall immediately notify the applicant of the detailed additional information required and make its final decision within 90 days of receipt of the additional information. If the number of requests is exceptionally high, the deadline can be extended once only 60 days. The applicant is informed of such an extension before the expiry of the initial period.
Section 2. - Fees for the administration of insurance organizations
Art. 118. Article 195, § 1^er, 2°, of the Compulsory Health Care Insurance Act and Coordinated Allowance on 14 July 1994, as amended by the Royal Decrees of 25 April 1997 and 18 October 2004 and by the Acts of 27 December 1994, 22 February 1998, 22 August 2002, 27 December 2005, 27 December 2006, 8 March 2007, 8 June 2008, 22 December 2008 and 23 December 2009, the first and second sentences of paragraph 3 are replaced by the following provisions:
"The administration fee for the five national unions is set at EUR 766,483,000 for 2003, EUR 802,661,000 for 2004, EUR 832,399,000 for 2005, EUR 863,156,000 for 2006, EUR 895,524,000 for 2007, EUR 929,160,000 for 2008, EUR 972,000 for 2009, EUR 012,057,000 for 2010 and EUR 1,034,651,000 for 2011. This amount is set at EUR 13,195,000 for 2003, EUR 13,818,000 for 2004, EUR 14,329,000 for 2005, EUR 14,859,000 for 2006, EUR 15,416,000 for 2007, EUR 15,995,000 for 2008, EUR 16,690,000 for 2009, EUR 17,368,000 for 2010 and EUR 17,770,000 for 2011. »
CHAPTER 2. - Amendments to the Act of 27 April 2005 on the Control of the Health Care Budget and on various health provisions
Art. 119. In section 69 of the Act of 27 April 2005 on the Control of the Health Care Budget and on various health provisions, as amended by the Acts of 19 December 2008 and 23 December 2009, the following amendments are made:
1° between paragraphs 7 and 8 shall be inserted six sub-items, as follows:
« Au 1^er April 2011, with the exception of specialties in reimbursement groups I.10.1, I.10.2, V.6.3, V.6.4, V.8.1, VII.9, VII.10 and XXII, the prices and bases of reimbursement of specialties of chapters I^erII and IV of Appendix I^re of the list attached to the Royal Decree of 21 December 2001 establishing procedures, deadlines and conditions for the intervention of compulsory health care insurance and compensation in the cost of pharmaceutical specialties, of which, at 1^er January 2011, each active principle appears in a speciality which was repayable for the first time more than twelve years and less than fifteen years ago, is reduced by 2.35 p.c.
1^er April 2011, with the exception of specialties in reimbursement groups I.10.1, I.10.2, V.6.3, V.6.4, V.8.1, VII.9, VII.10 and XXII, the prices and bases of reimbursement of specialties of chapters I^erII and IV of Appendix I^re of the list attached to the Royal Decree of 21 December 2001 establishing procedures, deadlines and conditions for the intervention of compulsory health care insurance and compensation in the cost of pharmaceutical specialties, of which, at 1^er January 2011, each active principle appears in a specialty that was repayable for the first time more than fifteen years ago, is reduced by 2.41 p.c.
Then each 1^er January and each 1^er July, with the exception of specialties in reimbursement groups I.10.1, I.10.2, V.6.3, V.6.4, V.8.1, VII.9, VII.10 and XXII, the prices and bases of reimbursement of specialties of chapters I^erII and IV of Appendix I^re of the list attached to the Royal Decree of December 21, 2001 setting out the procedures, deadlines and conditions for the intervention of compulsory health care insurance and compensation in the cost of pharmaceutical specialties, of which, in the course of the preceding semester, each active principle appears in a specialty that was repayable for the first time more than twelve years ago are diminished by 17 p.c.
Then each 1^er January and each 1^er July, with the exception of specialties in reimbursement groups I.10.1, I.10.2, V.6.3, V.6.4, V.8.1, VII.9, VII.10 and XXII, the prices and bases of reimbursement of specialties of chapters I^erII and IV of Appendix I^re of the list attached to the Royal Decree of December 21, 2001 setting out procedures, deadlines and conditions for the intervention of compulsory health care insurance and compensation in the cost of pharmaceutical specialties, of which, in the course of the preceding semester, each active principle appears in a specialty that was repayable for the first time more than fifteen years ago are diminished by 2.41 p.c.
1^er April 2011, prices and bases for reimbursement of specialties of chapters I^erII and IV of Appendix I^re of the list annexed to the Royal Decree of 21 December 2001 establishing the procedures, deadlines and conditions for the intervention of compulsory health care and allowances in the cost of pharmaceutical specialties, for which a new price and a new basis of reimbursement have been or are fixed after 31 December 2010, in accordance with the provisions of section 35ter or 35quater, with the exception of specialties repeated in the repayment groups I.106.3, I.10, I.10.2 If the prices and bases of reimbursement of specialties have already been reduced by 15 p.c. respectively, in accordance with the provisions of paragraph 3 of this article, the prices and bases of reimbursement are decreased by 4.71 p.c. If the prices and bases of reimbursement of specialties have already been reduced by 17 p.c. respectively, in accordance with the provisions of paragraph 6 of this article, the prices and bases of reimbursement are reduced by 2.41 p.c.
Then each 1^er January, each 1^er April, each 1^er July and each 1^er October of each year, prices and bases of reimbursement of specialties of chapters I^erII and IV of Appendix I^re of the list attached to the Royal Decree of 21 December 2001 establishing procedures, deadlines and conditions for the intervention of compulsory health care insurance and compensation in the cost of pharmaceutical specialties, for which a new price and a new reimbursement base were or are fixed after 1^er April 2011, in accordance with the provisions of section 35ter or 35quater, with the exception of specialties in reimbursement groups I.10.1, I.10.2, V.6.3, V.6.4, V.8.1, VII.9, VII.10 and XXII, are diminished in accordance with the provisions of paragraphs 10 and 11 of this article, provided that the provisions of this article have not yet been applied to these specialties. »;
2° in former paragraph 10, which becomes paragraph 16, the words "paragraph 3" are replaced by the words "paragraphs 3, 6 or 10" and the words "paragraph 3" are replaced by the words "paragraphs 3, 6 or 10";
3° in former paragraph 11, which becomes paragraph 17, the words "paragraph 3" are replaced by the words "paragraphs 3, 6 or 10";
4°, between the former paragraph 11 and the former paragraph 12, which become paragraphs 17 and 20 respectively, two paragraphs as follows:
"The King may exclude from the scope of paragraphs 9 and 11 and from the last sentence of paragraph 12 of this article the pharmaceutical specialties for which the applicant has demonstrated that, at the time of application of the provisions of paragraph 9 or 11 or the last sentence of paragraph 12, the price and reimbursement base, at the ex-factory level, are less than 65 pct. in relation to the price and base of reimbursement, at the ex-factory level, of the first pharmaceutical specialty listed on the list of repayable pharmaceutical specialties and containing the same active principles, taking into account the form of administration and dosage.
An exception to the application of paragraphs 9, 11 and the last sentence of paragraph 12 of this article is also granted to pharmaceutical specialties whose active principle or combination of active principles has a total annual turnover of less than 1.5 million euros. This total annual turnover is based on statements in accordance with the provisions of section 191, 15°N, of the Compulsory Health Care Insurance Act and Coordinated Allowances Act on 14 July 1994. For applications of 1^er January and 1^er April, the business figures taken into account are those reported in the year prior to these applications. For those of 1^er July and 1^er October is the reported business figures during the year of these applications that are taken into account. »;
5° the article is supplemented by a paragraph written as follows:
"An exception to the application of paragraphs 8 and 9 is also granted to pharmaceutical specialties to which the provisions of paragraph 12 have been applied. »
CHAPTER 3. - Amendment to the Act of March 31, 2010 on compensation for damages resulting from health care
Art. 120. Section 6 of the Act of March 31, 2010 on compensation for damages resulting from health care is supplemented by a third paragraph, which reads as follows:
"Without prejudice to the application of the provisions of the Act of 16 March 1954 concerning the organizations of Class B, the Fund's budget and accounting shall be established in accordance with the Royal Decree of 5 August 1986 on the General Regulations on the Budget and Accounts of Public Interest Organizations of Class D referred to in the Act of 16 March 1954, with the exception of the requirement of the Minister of Finance to give his opinion within a period of 2 months, as provided for »
CHAPTER 4. - Federal Agency for Drugs and Health Products
Single section. - Amendment of the Act of 25 March 1964 on Drugs
Art. 121. Article 12ter of the Act of 25 March 1964 on drugs, inserted by the law of 1^er May 2006, paragraph 3 is supplemented by the following sentence:
"In particular, it sets out the conditions for obtaining a parallel import permit, as well as the rules for the suspension or withdrawal of these authorizations for public health reasons. »
CHAPTER 5. - Social Agreement - Federal Health Sectors
Art. 122. Section 55 of the Program Law of 20 July 2006, supplemented by the Acts of 27 December 2006 and 22 December 2008, is supplemented by three paragraphs, as follows:
"In 2011, the sum of 891,284 euros is transferred from the National Institute of Disability Insurance to the National Pension Board, for public sector workers.
In 2011, the sum of 7.964.197 euros is transferred from the National Disability Insurance Institute to the Federal Sector Savings Fund, which is headquartered. Trade Quai 48, 1000 Brussels, for private sector workers.
In 2011, an amount of Euro18.190.461.02 was transferred from the National Pension Board to the Federal Sector Savings Fund, which is headquartered in the federal sector. Trade Quai 48, 1000 Brussels, for private sector workers. »
Art. 123. Section 122 comes into force on 1^er January 2011.
CHAPTER 6. - Animals, Plants and Food
Section 1^re. - Confirmation of the Royal Decree of 27 September 2009 amending the Royal Decree of 21 December 1999 on mandatory contributions to the Health and Quality of Animals and Animals Fund, based on the health risks associated with farms where pigs are held
Art. 124. The Royal Decree of 27 September 2009 amending the Royal Decree of 21 December 1999 on mandatory contributions to the Budget Fund for the Health and Quality of Animals and Animals, based on the health risks associated with the farms in which pigs are held, is confirmed with effect on 1^er January 2009.
Section 2. - Confirmation of the Royal Decree of September 27, 2009 amending the Royal Decree of July 8, 2004 on mandatory contributions to the Budget Fund for the Health and Quality of Animals and Animals, based on the health risks associated with farms holding cattle
Art. 125. The Royal Decree of September 27, 2009 amending the Royal Decree of July 8, 2004 on mandatory contributions to the Budget Fund for the Health and Quality of Animals and Animals, based on the health risks associated with farms holding cattle, is confirmed with effect on 1^er January 2009.
Section 3. - Confirmation of the Royal Decree of September 27, 2009 amending the Royal Decree of February 18, 2005 setting out the mandatory contributions to be paid to the Budget Fund for the Health and Quality of Animals and Animals, Milk Sector
Art. 126. The Royal Decree of 27 September 2009 amending the Royal Decree of 18 February 2005 setting out the mandatory contributions to be paid to the Budget Fund for the Health and Quality of Animals and Animals, Milk Sector, is confirmed with effect to 1^er October 2009.
PART 12. - Employment
CHAPTER 1^er. - Amendments to the Programme Law (I) of 24 December 2002
Art. 127. In Part IV of the Programme Law of 24 December 2002, a section 1 is inserted^er/1, as follows:
CHAPTER 1^er/1. - Launch loan granted to the unoccupied job applicant or to the worker registered with a job cell. »
Art. 128. Chapter 1^er/1, inserted by article 127, it is inserted an article 310/1, as follows:
"Art. 310/1. A sum of 1,000. 000 euros from the financial means of global management, referred to in article 22, paragraph 2, (a), of the law of 29 June 1981 establishing the general principles of social security of employed workers, is paid to the Participation Fund for the year 2010.
This sum is the allocation for the loan granted to the unoccupied job applicant or the worker registered with an employment cell, referred to in section 33 of the Act of 23 December 2005 on the pact of intergenerational solidarity, desiring to establish himself as an independent or to create a company and to contribute to the financing of his training and support in the management of his business. This amount is part of the mission referred to in section 74, paragraph 1^er3°, of the Act of 28 July 1992 on tax and financial provisions.
From the year 2011, the amount of this annual allocation for the overall management, referred to in section 22, paragraph 2, (a), of the aforementioned law of 29 June 1981, is equal to the sum of 2,000,000 euros.
The payment of this annual allowance shall be made in one time, no later than April 30 of the year for which the staffing is granted, and no later than December 31, 2010, for the year 2010. »
Art. 129. In Chapter 1/1, inserted by Article 127, an article 310/2 is inserted, as follows:
"Art. 310/2. Article 310/1 derives its effects from 1^er January 2010. »
CHAPTER 2. - Measures to promote employment in the field culture sector
Art. 130. Section 40 of the Program Act of 27 April 2007 is replaced by the following:
“Art. 40. In accordance with Regulation (EC) No. 1535/2007 of the Commission of 20 December 2007 concerning the application of Articles 87 and 88 of the EC Treaty to the aids of minimization in the production of agricultural products, companies active in the primary production of mushrooms will be able to benefit, for the years 2008, 2009 and 2010, of a maximum amount of 7.500 euros depending on the volume of personnel occupied so far as it is not of difficulty in the sense. To this end, the maximum lump sum of 400,000 euros planned for 2008 as well as for 2009 by the Global Management of Social Security of Employee Workers will be paid to the Social Fund and guarantee for horticulture. The payment of this amount is subject to the condition that a collective labour agreement made mandatory by royal decree covering at least the period of 1^er January 2008 to December 31, 2010 is concluded for this sector and this agreement reinforces the existing employment premium system. The balance of the amount that may not be allocated to the companies concerned is set aside by the Social Fund and Horticulture Guarantee to Global Social Security Management.
The King may, by order deliberately in the Council of Ministers, extend the period of granting the lump sum of 40.0 000 euros beyond 2010 and amend the amount from 2011. It may set out the modalities for the implementation of the payment to be followed by the fund and the supporting documents to be submitted to the competent ministers. "
Art. 131. This chapter produces its effects on 1^er January 2008.
CHAPTER 3. - Amendment of the Act of 30 June 1971 on administrative fines applicable in cases of violation of certain social laws
Art. 132. In the Act of 30 June 1971 on administrative fines applicable in the event of a violation of certain social laws, an article 13quinquies is inserted, as follows:
"Art. 13quinquies. § 1^er. The employer who occupies a casual worker within the meaning of Article 8bis, § 1^er, paragraph 2, of the royal decree of 28 November 1969 taken in execution of the law of 27 June 1969 revising the decree-law of 28 December 1944 concerning the social security of the workers and which does not issue the " occasional form" referred to in article 8bis, § 4, of the aforementioned decree, does not properly hold this form in the sense of article 4 of the ministerial decree of 14 October 2005
§ 2. The finding of non-compliance with paragraph 1^er shall be made by means of a record prepared by the officials designated by the King, who shall be held until proof of the contrary provided that a copy of the report is communicated to the employer within fourteen days of the day following the day on which the offence was found. A copy of the record of the offence is forwarded to the officer designated by the King.
The officer designated by the King shall decide, after placing the employer in a position to present his defence, whether an administrative fine referred to in subsection 1 is required^er.
This administrative fine is imposed on the same conditions and provided that the same rules as those referred to in articles 1^erter, 1^erquater, 2, 3, 4, paragraph 2, 7, § 4, paragraph 1^er, 8, 9 and 13, be respected.
The King shall determine the time and payment of the administrative fine imposed by the grievor referred to in paragraph 1^er. »
Art. 133. This chapter comes into force on 1^er January 2012.
The King, by order deliberately in the Council of Ministers, may set a date of entry into force prior to that referred to in paragraph 1^er.
CHAPTER 4. - Amendments to the Act of 21 December 2007 on the execution of the Inter-Professional Agreement 2007-2008
Art. 134. Section 5 of the Act of 21 December 2007 on the execution of the 2007-2008 inter-professional agreement is amended as follows:
The 3^eis replaced by the following:
"For the establishment of the collective labour agreement or the act of accession, it is necessary to use, in accordance with collective labour agreement No. 90 of 20 December 2007 entered into by the National Labour Council concerning non-recurring benefits related to results, the models that are reproduced in the annex to this agreement. »
Art. 135. The following amendments are made to section 7 of the Act:
- § 1^er, the words "any proposed act of accession shall be established by the employer who shall hand it over to each worker concerned, as well as the proposed grant plan to be annexed to it" shall be replaced by the words "any proposed act of accession, containing the grant plan, shall be established by the employer who shall hand it over to each worker concerned. »
- In § 2, the words "of the draft act of accession and of the plan annexed to it" are replaced by the words "of the draft act of accession containing the plan of granting"
- In § 4, the words "who immediately acknowledges it" are deleted.
- In § 5, a second paragraph shall read:
"The employer declares on the honour, in the act of accession, that no comments have been made or that remarks have been recorded but that differing views have been reconciled. »
- § 6 is replaced by the following text:
“§ 6. If any comments by the workers concerned have been notified to him or if the register contains comments made by the workers concerned, he or she will make them known within four days at the office of the Directorate General Collective Labour Relations of the Federal Public Service Employment, Labour and Social Concertation and to the employer who will bring them to the attention of the workers concerned. The grievor tries to reconcile differing views within 30 days. »
Art. 136. The following amendments are made to section 8 of the Act:
- In § 2, the words "this act of accession to which must be annexed a plan of granting non-recurring benefits related to the results" are replaced by the words "this act of accession containing the plan of granting non-recurring benefits related to the results. »
- In § 2, the words "and the acknowledgement of receipt referred to in Article 7, § 4" are deleted.
Art. 137. The following amendments are made to section 9 of the Act:
- § 1^er, the words "the act of accession and the plan of granting annexed to it" are replaced by the words "the act of accession containing the plan of granting. »
- § 2 is replaced by the following paragraph:
Ҥ2. The competent Joint Commission conducts these controls within two months of this transmission.
The decision of the parity commission is valid only when it collected at least 75% of the votes cast by each of the parties.
When the Joint Commission's decision is positive, the certificate of accession containing the grant plan is approved.
When the decision of the Joint Commission is negative, the act of accession containing the grant plan is not approved. The reason for this decision must indicate precisely the breaches of the act of accession containing the grant plan.
The Joint Commission's decision and, where appropriate, the reasons for the Joint Commission are forwarded to the Registry of the Federal Public Service Labour Collective Relations Branch Employment, Labour and Social Concertation, which immediately informs the employer and the employee designated by the Minister.
Upon receipt of a specific file(s), the parity board may also decide not to decide on that file(s). This decision, as well as any comments made by the organizations serving on the Joint Commission, are forwarded to the Registry of the Directorate General Collective Labour Relations of the Federal Public Service Employment, Labour and Social Concertation, which immediately informs the official designated by the Minister. »
- § 4 is replaced by the following paragraph:
Ҥ4. If the Joint Commission decides not to decide or fail to make a decision of the Joint Commission within two months of the transmission of the certificate of accession containing the plan of award, the Compassionary Officer shall perform the formal and marginal controls provided for in the collective labour agreement concluded within the National Labour Council.
When the Minister's decision is positive, the act of accession containing the grant plan is considered to be approved.
When the decision of the employee designated by the Minister is negative, the act of accession containing the grant plan is considered not to be approved. The reason for this decision must indicate precisely the breaches of the act of accession containing the grant plan.
The decision of the employee designated by the Minister and, where appropriate, the motivation of the employee shall, within the month of the referral of the employee, be communicated to the employer and to the appropriate parity board.
The employer may remedy any one-time breaches referred to in the reasons for the decision, by sending within one month, from the notice of the decision, to the employee designated by the Minister a corrected act of accession containing the grant plan. In this case, the employee designated by the Minister shall, within one month after the issuance of the corrected certificate of membership containing the award plan to make a final decision, communicate to the employer and the appropriate parity board, stating, where appropriate, that the employer has been taken into account the adjudication that the employer has made with the grant plan.
If the official designated by the Minister fails to make a decision within the time limits, the decision is expected to be positive. »
- In § 5, the words "the act of accession and the plan annexed to it" are replaced by the words "the act of accession containing the plan of granting. »
Art. 138. This chapter comes into force on 1^er April 2011.
PART 13. - Pensions
UNIC CHAPTER. - Maintenance of an electronic career data bank and an electronic pension record for public sector personnel
Section 1^re. - Definitions
Art. 139. For the purposes of this chapter, the following should be understood:
1st Public Sector Pension Plan: one of the pension plans referred to in section 38 of the Act of 5 August 1978 of economic and budgetary reforms;
2° employer: the authority or public institution whose staff members and former staff members appointed on a final basis receive a dependant pension from a public sector pension plan.
The various operating seats, regional and central offices or seats of the same employer are, regardless of their geographic location, considered to be a single employer.
The following public authorities or institutions are equivalent to an employer:
(a) the authority or public institution that grants retirement or survival pensions referred to in section 38, 3, of the same Act of 5 August 1978 provided that the PSSP manages these pension records;
(b) the authority or public institution that has or has been in service to staff whose pension records are handled by the PSSP.
The authority or public institution whose staff members and former staff members appointed on a final basis are entitled to a dependant pension under the employee plan, which is eventually supplemented by supplementary insurance, is not an employer within the meaning of this chapter provided that the PSSP does not have to perform management tasks related to the supplementary insurance or as long as the pension plan does not fall within the scope of the April 1965 Public Service Act;
3rd staff member: the person serving an employer referred to in 2 of this section.
The person who is entitled to a pension under section 38, 3, of the same Act of 5 August 1978, is, for the purposes of this chapter, assimilated to a staff member;
4° career and compensation data: all career and compensation data required for the formation and monitoring of pension rights in a public sector pension plan, whether or not these data relate to services assumed as a permanent staff member;
5° E-certification: the electronic certificate containing a single validated statement from the employer that is issued via the social security portal site;
6° electronic certificate "historical data": the electronic certificate referred to in section 137;
7° SIGeDIS : the non-profit association Sociale Individuele Gegevens - Individual social data;
8° SdPSP: Public Sector Pension Service;
9° public sector pension institutions: the PSSP and any other institution that provides pensions in a public sector pension plan;
10° ONSS: National Social Security Office;
11° ONSSAPL: National Social Security Office of provincial and local governments;
12° DmfA: the declaration referred to in Article 21 of the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers;
13° DmfAppl: the declaration referred to in Article 3 of the Royal Decree of 25 October 1985 carrying out Chapter 1^er, section 1^reof the law of 1^er August 1985 with social provisions.
Section 2. - Reporting data via DmfA/DmfAppl
Art. 140. § 1^er. The employer affiliated with the AONSS declares to the AONSS by means of the DmfA the career and remuneration data of its staff members within the time limits set out in Article 33, § 2, of the Royal Decree of November 28, 1969, implemented by the law of June 27, 1969 revising the Decree-Law of December 28, 1944 concerning the social security of workers.
§ 2. The employer affiliated with the ONSAPL declares to the ONSAPL by means of the DmfAppl the career and remuneration data of its staff members within the time limits set out in section 3, paragraph 2, of the Royal Decree of 25 October 1985 carrying out Chapter 1^er, section 1^reof the law of 1^er August 1985 with social provisions.
Section 3. - Point data
Sub-section 1^re. - Diploma data
Art. 141. If the degree is a condition for subsequent recruitment or appointment, the employer is required to issue and validate an electronic certificate "degree data" provided that such diploma data are not required to be included in an electronic certificate "historical data" or as long as a previous employer does not issue and validate an electronic certificate for the same degree.
If the degree was a condition for recruitment or appointment after December 31, 2010, that obligation shall be performed within one month of the declaration referred to in section 140 by which such recruitment or appointment was declared.
Sub-section 2. - Data on termination of the working relationship
Art. 142. When the employer definitively terminates the working relationship after December 31, 2010, it issues an electronic certificate "work relationship termination" within one month of the termination of the working relationship.
Section 4. - Historical data
Sub-section 1^re. - Mandatory general declaration
Art. 143. The employer is required for each staff member on duty at 1^er January 2011 to issue and validate before 1^er January 2016 an electronic certificate relating to career and compensation data for the period up to December 31, 2010 inclusive. This data may, where applicable, relate to services presumed by other employers. This certificate also contains the point data referred to in section 3.
Subject to the application of section 145, the employer is exempted from this obligation for the staff member for whom it transmitted before 1^er January 2016 a pension record to the appropriate public sector pension institution for the granting of a pension or survival pension that takes place before 1^er January 2016.
Sub-section 2. - Mandatory advance declaration if the career of the staff member ends between 1^er January 2011 and 1^er January 2016
Art. 144. By derogation from section 143, the employer referred to in section 143 shall issue and valid for each staff member on duty on 1^er January 2011 which terminated his post after that date without a retirement pension, an electronic certificate "historical data" within one month of the termination of his or her duties.
Art. 145. The employer referred to in section 143 is required for each staff member on duty at 1^er January 2011 which introduces a retirement pension application, or as a result of the death of which a survival pension application is filed, issue and validate an electronic certificate "historical data" within one month of receipt of the pension application unless an electronic certificate has been issued in accordance with section 143 or 144.
Subsection 3. - Mandatory declaration if the career of the staff member ended before 1^er January 2011
Art. 146. The last employer with which a staff member ceased his duties before 1^er January 2011 without a retirement pension, is required to issue and validate an electronic certificate "historical data" within one month of receipt of a retirement pension application.
Art. 147. The last employer with which a staff member ceased his duties before 1^er January 2011 without a retirement pension, is required to issue and validate an electronic certificate "historical data" within one month of receiving a surviving pension application.
Sub-section 4. - Mandatory declaration if the staff member enters service after 1^er January 2011
Art. 148. The first employer to which a staff member enters service after 1^er January 2011 is required, for this staff member, to issue and validate an electronic certificate "historical data" within one month of the expiry of the endeavor period that the first declaration referred to in section 140 was to be made, for that staff member, unless an electronic certificate must be issued in accordance with sections 143 or 144.
Subsection 5. - Mandatory declaration if the employer falls under the scope of this chapter after 1^er January 2011
Art. 149. The employer that falls within the scope of this chapter only after 1^er January 2011, is required for each staff member to issue and validate an electronic "historical data" certificate within the time limit to be set by the PSSPS.
In this case, historical data cover career and compensation data for the period prior to the period covered by the first statement referred to in section 140 made by the employer, and provided that this period has not yet been resumed in an electronic certificate referred to in sections 143, 144, or 148 or in an attestation referred to in section 140.
Sub-section 6. - Common provisions
Art. 150. Sections 145 to 147 apply only if the retirement or survival pension is granted or managed by the PSSP and that:
- the pension shall take place after 31 December 2012;
- the application for a pension comes to the PSSP after December 31, 2012, the stamp of the position being held.
Art. 151. If several employers issue an electronic "historical data" certificate, each employer's "historical data" certificate contains historical data relating to the services taken at home as well as services taken at another employer's place, with the exception of services taken at the employer's place, which is also required to issue a "historical data" certificate.
Art. 152. § 1^er. The declaration may only be made electronically according to the requirements of the reference document for the complete and detailed description of the declaration elements contained in the electronic certificate.
§ 2. Within one month of the employer's validation of the "historical data" electronic certificate, the PSSP sends to the staff member an overview of the career and compensation data reported by the employer.
§ 3. If the staff member does not approve the stated career and compensation data, he shall apply to the employer who validated the electronic certificate "historical data" to complete or correct the data.
§ 4. The employer shall, within four months of receiving the request of the staff member referred to in paragraph 3, decide whether it is necessary to complete or correct the data.
§ 5. If the employer considers that it is not necessary to complete or rectify the data or if the employer does not make a decision within four months of the filing of the staff member's request referred to in paragraph 3, the staff member may submit the contentious career and remuneration data to the PSSP.
The PSPS shall, within four months of this submission, make a decision on career and compensation data to the employer and staff member and complete or, where appropriate, correct the stated career and compensation data.
Art. 153. The employer who, for a staff member for whom a retirement or survival pension is granted by the PSSP, issued the "historical data" certificate is no longer required to forward a pension record to the PSSP.
Section 5. - Common provisions
Art. 154. Career and compensation data that are reported in accordance with sections 2 to 4 shall be held until a rectificative declaration is issued or as evidence to the contrary.
Art. 155. SIGeDIS maintains and manages the data referred to in sections 2 and 4 electronically and makes it available to public sector pension institutions.
In order to carry out this chapter, public sector pension institutions and SIGeDIS conclude a collaborative agreement in which all necessary decisions concerning the flow of electronic career and compensation data are determined in accordance with the authorizations issued in this regard by the Sectoral Committee of Social Security and Health, referred to in Article 3 of the Law of 15 January 1990 on the institution and organization of a Social Bank-Carre.
Art. 156. Public sector pension institutions are transforming electronic career and compensation data into pension data and maintaining a pension record.
Art. 157. As long as the PSSP does not manage pension records for employees of an employer who, at 1^er January 2011, falls under the scope of this chapter, the employer shall bring the administrative and financial status of its staff to the SdPSP within one month of the entry into force of this chapter, but not later than one month after its publication.
The employer that falls within the scope of this chapter only after 1^er January 2011, brings the administrative and financial status of its staff to the SdPSP within one month of being subject to the scope of this chapter.
The employer is required to make the administrative and financial status of its staff available to the PSSP if it so requires.
The employer shall inform the PSSP of changes to the administrative and financial status of its staff that affect pension rights in the public sector within one month of the official approval of these amendments.
Section 6. - Control
Art. 158. The employer shall retain a copy of the statement referred to in section 140 with all supporting documents and data on the basis of which it was made for a period of five years from the statement.
Art. 159. The employer retains all supporting documents and data on the basis of which the electronic statement "historical data" has been validated until the expiry of the six-month period after the staff member's retirement or until the PSPS discharges this retention obligation.
Art. 160. At the request of PSSP officials, employers shall provide, at no cost, any information, documents or copies of documents that these officials consider useful for the control of the application of this chapter.
Art. 161. If PSPS officials note during the exercise of their control that an employer made an incomplete or inaccurate statement, they may, within five years of the incomplete or inaccurate statement, require the employer to make a corrected statement in accordance with their instructions within one month.
If this finding is made more than five years after the statement, the grievors automatically modify career and compensation data in the electronic pension record.
Section 7. - Accountability
Art. 162. If a public-sector pension institution pays an amount of pension too high because the employer, when fulfilling the obligations set out in this chapter, intentionally failed to comply with the pension legislation, it recovers from the employer part of the debt that cannot be recovered from the social insured person.
Section 8. - Entry into force
Art. 163. § 1^er. Subject to paragraphs 2 and 3, this chapter shall enter into force on 1^er January 2011.
§ 2. For employers whose staff members' pension is not granted or managed by the PSSP, Section 4 is only applicable if the employer has entered into an agreement with the PSSP to meet the obligations set out in this section.
§ 3. For employers for which the PSSP is authorized to monitor the legality and pension rate of their staff members, the King determines the effective date of section 4. If applicable, this date may be different depending on the employer.
PART 14. - Social integration
UNIC CHAPTER. - Amendment of the Act of 2 April 1965 on the Care of Relief Granted by Public Social Action Centres
Art. 164. In Article 2, § 5, paragraph 1^er, a), of the Act of 2 April 1965 on the Care of Relief granted by Public Social Action Centres, as amended by the Acts of 24 May 1994, 7 May 1999 and 9 July 2004, the words "as long as this is not the address of the Office of Foreigners or the Office of the Commissioner-General for Refugees and Stateless Persons" are inserted between the words "in the waiting register" and
PART 15. - Budget
CHAPTER 1^er. - Amendments to the Act of 22 May 2003 on the organization of the federal budget and accounting
Art. 165. In section 75 of the Act of 22 May 2003 on the organization of the budget and accounting of the federal state, as amended by the program law of 23 December 2009, the words "31 August" are replaced by the words "31 October".
Art. 166. In section 76 of the Act, amended by the Program Act of December 23, 2009, the words "September 30" are replaced by the words "November 30".
Art. 167. Section 134 of the Act, inserted by the Program Act of 22 December 2008 and replaced by the Program Act of 23 December 2009, is replaced by the following:
"Art. 134. By derogation from section 133, the provisions of Part II of Chapter I^er of Part III and Parts IV, V and VI, with the exception of Article 38, produce their effects on 1^er January 2009 regarding the SPF Chancellery of the Prime Minister, SPF Budget and Management Control, SPF Personnel and Organization, SPF Information and Communication Technology and SPF Public Health, Food Chain and Environment Safety, 1^er January 2010 with regard to SPF Employment, Work and Social Concertation, SPF Social Security, SPF Economy, P.M.E, Average Classes and Energy, and SPP Social Integration, Poverty Reduction and Social Economy, and come into force on 1^er January 2011 on SPF Finance, SPF Mobility and Transport and SPF Foreign Affairs, Foreign Trade and Development Cooperation.
Derogation from paragraph 1^erArticles 19, 20, 21 and 26 of Part II and Chapter I^er Part III is also applicable in the 2009 to 2011 fiscal years to other federal public services and general administration programming.
For services referred to in the previous paragraph, for fiscal years 2009 to 2011, liquidation credits cover amounts that are ordered during the fiscal year in compliance with obligations previously incurred.
Derogation from subparagraphs 1^er and 2, chapter 1^er of Title V is also applicable from 1^er January 2010 to other federal public services and general administration programming.
Derogation from paragraph 1^erArticles 7 and 8 of Chapter 1^er of Title II come into force on 1^er January 2015 regarding the treatment of tax and non-fiscal revenues by the Federal Public Service Finance. The King may, for the categories of tax and non-fiscal revenues determined by the King, set the entry into force on an earlier date. "
Art. 168. Section 135 of the Act, inserted by the Program Act of 22 December 2008 and replaced by the Program Act of 23 December 2009, is replaced by the following:
"Art. 135. By derogation from section 66, advances may be made from 1^er January 2009 to the accountants of the SPF Chancellery of the Prime Minister, SPF Budget and Management Control, SPF Personnel and Organization, SPF Information and Communication Technology and SPF Public Health, Food Chain and Environment Safety, starting on 1^er January 2010, to accountants of SPF Employment, Labour and Social Concertation, SPF Social Security, SPF Economy, P.M.E., Average Classes and Energy, and SPP Social Integration, Poverty Reduction and Social Economy, and from 1^er January 2011 to accountants of SPF Finance, SPF Mobility and Transport and SPF Foreign Affairs, Foreign Trade and Development Cooperation, to allow the payment of certain expenses. The maximum amounts of these advances and related expenditures, as well as the nature of these advances, are set out in the specific departmental provisions. "
CHAPTER 2. - Amendments to the Act of 22 May 2003 amending the Act of 29 October 1846 on the organization of the Court of Auditors
Art. 169. Section 11 of the Act of 22 May 2003 amending the Act of 29 October 1846 on the organization of the Court of Accounts, replaced by the Program Act of 23 December 2009, is replaced by the following:
“Art. 11. This Act comes into force on 1^er January 2012. "
Art. 170. Section 12 of the Act, inserted by the Program Law of 22 December 2008 and amended by the Program Law of 23 December 2009, is supplemented by paragraph 3, as follows:
Ҥ3. By derogation from Article 11, the provisions of Article 2 come into force on 1^er January 2011 for SPF Finance, SPF Mobility and Transport and SPF Foreign Affairs, Foreign Trade and Development Cooperation. "
CHAPTER 3. - Amendment of the Act of 29 October 1846 on the organization of the Court of Auditors
Art. 171. Section 22 of the Act of 29 October 1846 on the organization of the Court of Accounts, inserted by the Program Law of 22 December 2008 and amended by the Program Law of 23 December 2009, is supplemented by paragraph 3, which reads as follows:
“§3. Section 5, paragraph 4, and sections 14 and 15 are no longer applicable to SPF Finance, SPF Mobility and Transport, SPF Foreign Affairs, Foreign Trade and Development Cooperation from 1^er January 2011. »
CHAPTER 4. - Control of commitments
Art. 172. Section 15 of the Program Act of 22 December 2008, replaced by the Program Act of 23 December 2009, is replaced by the following:
“Art. 15. The articles of this chapter are applicable only to the SPF Chancellery of the Prime Minister, SPF Budget and Management Control, SPF Personnel and Organisation, SPF Information and Communication Technology, SPF Employment, Work and Social Concertation, SPF Social Security, SPF Public Health, Safety of the Food and Environment Channel, SPF Economy, P.M.E., Average Classes and Energy, SPP Social integration, SPP »
CHAPTER 5. - Entry into force
Art. 173. This title comes into force on 1^er January 2011, with the exception of sections 165 to 168 that produce their effects on 1^er January 2009.
PART 16. - Energy
CHAPTER 1^er. - Amendments to the Act of 11 April 2003 on provisions for the dismantling of nuclear power plants and for the management of fissile material irradiated in nuclear power plants
Art. 174. In section 14, paragraph 8, of the Act of 11 April 2003 on provisions for the dismantling of nuclear power plants and for the management of fissile material irradiated in nuclear power plants, inserted by the programme law of 22 December 2008 and amended by the programme law of 23 December 2009, the following amendments are made:
1° a new paragraph, as follows, is inserted between paragraphs 4 and 5:
"For 2010, the total amount of the distribution contribution is set at 250 million euros. This amount will be allocated to the Ways and Means budget. »;
2° after paragraph 8, which becomes paragraph 9, a new paragraph, as follows, is inserted:
"For the year 2010, the nuclear allowance corporation transfers the distribution contribution referred to in paragraph 5 in the same manner as those provided for in paragraph 7. In derogation from the provisions of paragraph 7, the distribution contribution referred to in paragraph 5 is transferred to the bank account 679-2003169-22 to the attention of the FPS Finance. »
Art. 175. Article 22 bis, paragraph 1^erParagraph 1^erof the same law, inserted by the programme law of 22 December 2008 and amended by the programme law of 23 December 2009, the words "paragraphs 1^er to 6" are replaced by the words "paragraphs 1^er to 7".
CHAPTER 2. - Confirmation of various royal decrees under the Act of 29 April 1999 on the organization of the electricity market and the Act of 12 April 1965 on the transport of gaseous and other products by pipelines
Art. 176. The Royal Decree of 9 March 2010 setting the amounts for the financing of the operating costs of the Electricity and Gas Commission for the year 2010 is confirmed.
This provision produces its effects on 1^er January 2010.
Art. 177. The Royal Order of March 9, 2010 determines the 2010 amounts of funds for the financing of the real cost resulting from the application of maximum prices for the supply of electricity and natural gas to residential protected customers is confirmed.
This provision produces its effects on 1^er January 2010.
CHAPTER 3. - Medium-term Fund Amendments to the Act of 8 August 1980 on Budgetary Proposals 1979-1980
Art. 178. Article 179, § 2, 2°, of the Act of 8 August 1980 on budgetary proposals 1979-1980 is supplemented by the following sentence:
"The President, Vice-Presidents and members of the Board of Directors, created by the Royal Decree of 30 March 1981 defining the missions and setting out the modalities for the operation of the public body for the management of radioactive wastes and fissile materials, represent the State or a Region. »
Art. 179. Article 179, § 2, 4°, of the same law, is supplemented as follows:
"In addition, the organization is empowered to take any action and action that is intended to create and maintain the societal base necessary to ensure the integration of a final repository of radioactive waste in a local community. "
Art. 180. In article 179, § 2, 10°, of the same law, as amended by the laws of 12 December 1997 and 27 April 2007, the following text is inserted before the last sentence of the last paragraph:
"In order to carry out its missions, the organization can, directly or indirectly, participate in societies, associations, interest groups and other legal entities, as well as in bodies of consultation and management, and form the aforementioned structures as long as participation or constitution contributes to the realization of the Organization's missions. The decision to participate in or create a commercial corporation is approved by the King, by order deliberately in the Council of Ministers. »
Art. 181. Article 179, § 2, 11°, of the same law, as amended by the laws of 12 December 1997 and 30 December 2001, is supplemented as follows:
"The Organization can be a fund to fund its long-term missions, also known as the Long-term Fund. The purpose of the Fund is to cover all costs and investments that are necessary to store radioactive wastes and to build, operate and close end-deposit facilities for radioactive waste, as well as to ensure institutional control, in accordance with the authorizations issued to carry out these activities.
The Long-term Fund is funded by royalties charged to radioactive waste producers. These royalties are calculated on the basis of the charges that are attributable to the respective waste of these producers and are estimated on the basis of the guiding principles established by the King, by decree deliberated in the Council of Ministers.
The values of these guiding principles as well as certain ways of feeding the long-term fund are mutually agreed between the Organism and waste producers, and are the subject of conventions passed to this effect. In the event of the impossibility of setting these values and terms by conventional means, they are established by the King, by decree deliberately in the Council of Ministers, on the advice of the Organization.
The organization may establish a fund, also known as the Medium-term Fund, to cover the costs of the associated conditions that have been approved, on the one hand, by the communal council(s) of the common body(s) that has (have) made possible the creation and continuity of a societal basis to establish an existing deposit facility, by the development and process of another party process or
These costs are exposed to the creation and maintenance of the societal base required to ensure the integration of a final radioactive waste repository facility in a local community.
In any event, the medium-term fund resources may be used to fund all or part of the costs associated with the investment and operation of infrastructure, as well as the activities and projects of the local community that, through a participatory process, ensures continuity of the societal base of the final deposit.
The Medium-term Fund is funded by the integration contribution from radioactive waste producers. The integration contribution is calculated on the basis of the total capacity of the repository and the respective total quantities of waste from the producers who are intended to be deposited there.
The amount of the integration contribution due to support the Medium-term Fund is as follows:
Hp = (Qp / Qt) x T x FC
where:
Hp = the amount of contribution to the medium-term fund due by the waste producer P;
T = total contribution to the Medium-term Fund;
Qt = the total capacity of the deposit, expressed in m³as resumed in the application for authorization to establish the repository, in accordance with the Act of 15 April 1994 on the protection of the population and the environment from the hazards resulting from ionizing radiation and related to the Federal Nuclear Control Agency;
Qp = total amount of waste, expressed in m³, reserved for producer P, intended to be final deposited in the filing site, updated on the first January of the year in force of the tax;
FC = corrective factor taking into account exemptions.
The Organism covers the integration contribution, according to the terms and time fixed by the King. The amount T for the Medium-term Fund for the surface deposit of Category A waste in the territory of the municipality of Dessel is Euro10,000. On the proposal of the Organization, the King sets the value of Qt, Qp and FC, by order deliberately in the Council of Ministers.
The T amount is indexed annually on the basis of fluctuations in the Consumer Price Index from 2010 to the year in which the T amount is fully collected from producers. During the sampling period, the samplings are subtracted from the amount T before the indexing.
The obligation to contribute to the Medium-term Fund begins at the moment when the installation of the final repository of radioactive wastes has been the subject of a final and binding authorization to establish, in accordance with the Act of 15 April 1994 on the protection of the population and the environment from the hazards resulting from ionizing radiation and related to the Federal Nuclear Control Agency, as well as an authorization to build, and, where applicable,
Provided that their individual share of capacity does not exceed 3% of the total capacity of the repository, public research institutions, which are mainly based on the State, Community or Region budget, and public or private institutions, active in the health care sector, are exempted from the payment of the integration contribution. As long as their individual share of capacity does not exceed the above threshold, occasional producers of radioactive waste are also exempted.
Can, in any case, benefit from the means of the Medium-term Fund, the local community and/or its inhabitants that have enabled the creation and continuity of a societal foundation to establish a final deposit facility, by the development and maintenance of a participatory process or any other method, existing or to develop, reaching the same result, or the local community and/or its inhabitants consulted within the framework
The means of the Medium-term Fund may be used as soon as the collection of the integration contribution from producers begins, in accordance with item 14 of this paragraph.
A monitoring committee is established within the Organization and is responsible for monitoring the allocation of funds from the Medium-term Fund. The King sets out his composition and the modalities for carrying out his mission, by a deliberate decree in the Council of Ministers. "
Art. 182. In article 179, § 2, of the same law, an 11bis is inserted, as follows:
« 11°bis. In order to recover the integration contribution that feeds the Fund in the medium term, the Organism submits a written request to each producer, within the time limit and in the manner determined by the King. This request specifies the amount owing and mentions the account number on which it must be paid. The producer has a maximum of 50 calendar days from the day after the request was sent by the Organization to proceed with payment. In the absence of payment within this time limit, the Organism remains to pay the producer within 15 calendar days from the day after the date of the release.
If the producer does not make the payment of the integration fee in accordance with the conditions set out in the preceding paragraph, and in the absence of any justification, or where the justifications given are not deemed valid by the Organization, the producer may impose an administrative fine of up to 30% of the amount not paid. The decision to impose an administrative fine is notified to the producer by registered letter. The notification refers to the mode and time of payment.
Any litigation relating to an administrative fine imposed for the purpose of providing the medium-term fund is brought before the court of first instance. The court shall, under penalty of deprivation of liberty, be seized by an application filed within two months of notification of the fine. "
Art. 183. In section 179, § 2, 12°, of the same law, as amended by the law of 12 December 1997, the first paragraph shall be replaced by the following paragraphs:
"The King may, by order deliberately in the Council of Ministers, in accordance with the provisions of the 11th paragraph of this paragraph, regulate the modalities for financing the activities of the Organization.
The delegation referred to in the previous paragraph is not intended to determine the essential elements of the integration contribution collected for the benefit of the Medium-term Fund. »
Art. 184. Article 179, § 2, of the same law, is supplemented by the 15th written as follows:
« 15° The activities of the Organization, as well as those covered by the Medium-term Fund, may be financed additionally from the following resources:
(a) bequests and donations in his favour;
(b) Occasional subsidies and incomes;
(c) any other legal and regulatory revenue related to its share and benefits. "
Art. 185. Article 179, § 2, of the same law, is supplemented by the 16th, written as follows:
« 16° In addition to the general competence assigned to it at 10°, the Organism has, as part of its activities in order to create and maintain a societal foundation necessary for the integration of a permanent repository of radioactive waste, the specific competence to create a legal personality fund, named Local Fund, which aims to create a sustainable surplus-value for a local community. The Local Fund takes the form of a private law foundation that, to the extent that it is not derogated from this Act, is subject to the Non-Profit Associations Act of 27 June 1921, not-for-profit international associations and foundations.
The resources of the Local Fund come from the medium-term fund established by the Organization in accordance with the 11th paragraph of this paragraph.
The Organization establishes the statutes of the Local Fund. Any modification of these statutes is subject to the prior agreement of the Organization. The right to file an application to amend the statutes before the Court of First Instance, in accordance with Article 30, § 3, of the Law of 27 June 1921 on non-profit associations, international non-profit associations and foundations, is, by derogation from this provision, exclusively to the Organization.
Separate compartments can be established within the Local Fund heritage. The compartments are managed separately from each other on an administrative, accounting and financial basis, as defined in the Local Fund statutes. If, in accordance with the above, different compartments are created within the Local Fund heritage:
(a) any operation shall be explicitly charged to one or more compartments;
(b) by derogation from sections 7 and 8 of the Mortgage Act of 16 December 1851, the assets of a compartment shall meet exclusively the rights of the creditors of that compartment and the rights of those creditors shall be limited to the assets of that compartment;
(c) these compartments are liquidated separately.
In addition to the general control of the monitoring committee referred to in the last paragraph of the 11th paragraph of this paragraph, the Local Fund is subject to a specific monitoring of the Organization relating to compliance with its statutes, internal regulations established pursuant to these statutes and, in general, the legislation and regulations applicable to the Local Fund. The Organism can exercise this control through an observer that it designates in accordance with the terms provided by the King. In order to exercise this control, the Organism and the observer it designate have the most extensive monitoring, information and inspection rights. As part of this specific control, the Organization and the observer are empowered to suspend and cancel decisions taken by the local Fund bodies. The modalities under which this specific control is exercised are determined by the King, by order deliberately in the Council of Ministers.
In addition to the assumptions in which cases of dissolution may be applied, by the Court of First Instance, referred to in section 39 of the Non-Profit Associations Act of 27 June 1921, international non-profit associations and foundations, the Local Fund may be dissolved by a decision of the Organization:
(a) in the cases referred to in points 1 to 4 of the first paragraph of article 39 referred to above;
(b) in the event of a repeated cancellation of decisions on the basis of the cancellation guardianship referred to in paragraph 5.
Article 40, paragraph 1^er, of the Act of 27 June 1921 on non-profit associations, non-profit international associations and foundations, is not applicable to the liquidation of the Local Fund. Only the Organization can act as liquidator of the Local Fund. At the dissolution of the Local Fund, the Organization acquires the liquidator status of the Local Fund in full law and defines how to liquidate the Fund, whether it is decided by the Organization in accordance with the preceding paragraph or by the Court of First Instance in accordance with Article 39 of the Law of 27 June 1921 on non-profit associations, international non-profit associations and foundations.
The assets remaining after the liquidation of the Local Fund return to the Medium-term Fund and are reallocated to cover the costs of additional conditions to be financed by the Fund. Article 28, 6°, of the Act of 27 June 1921 on non-profit associations, non-profit international associations and foundations is not applicable to the Local Fund. »
Art. 186. Section 178 produces its effects on 1^er January 2005.
PART 17. - Migration and asylum
CHAPTER 1^er. - Modification of the procedure for obtaining a residence permit for medical reasons
Art. 187. Section 9ter of the Act of 15 December 1980 on Access to Territory, Residence, Establishment and Displacement of Aliens, inserted by the Act of 15 September 2006 and amended by the Acts of 6 May 2009 and 7 June 2009, is replaced by the following:
1° « Art. 9ter. § 1^er. A foreigner who resides in Belgium who demonstrates his or her identity in accordance with § 2 and who suffers from a disease such as it entails a real risk for his or her life or physical integrity or a real risk of inhuman or degrading treatment when there is no adequate treatment in his or her country of origin or in the country where he or she resides, may request permission to stay in the Kingdom with the Minister or his or her delegate.
The application must be submitted by registered fold to the Minister or his delegate and contains the address of the effective residence of the foreigner in Belgium.
The foreigner shall transmit with the request all relevant information concerning his illness and the possibilities and accessibility of adequate treatment in his country of origin or in the country where he or she resides.
He transmits a standard medical certificate provided by the King, by order deliberately in Council of Ministers. This medical certificate indicates the disease, its degree of severity and the estimated treatment required.
Assessment of the risk referred to in paragraph 1^er, treatment opportunities, accessibility in the country of origin or in the country where he or she stays and the disease, the degree of severity and the estimated treatment required in the medical certificate, shall be carried out by a medical officer or a doctor designated by the Minister or his or her delegate who renders a notice on this subject. The doctor may, if he considers it necessary, examine the foreigner and request further expert advice.
§ 2. With the application, the foreigner demonstrates his identity referred to in § 1^erParagraph 1^erby an identity document or evidence that meets the following conditions:
1° it contains the full name, place and date of birth and nationality of the person concerned;
2° it is issued by the competent authority in accordance with the Act of 16 July 2004 on the Code of Private International Law or international conventions relating to the same matter;
3° it allows for a physical link between the holder and the interested party;
4° it was not written on the basis of simple statements of the interested party.
The foreigner may also demonstrate his or her identity by several evidence which, together, gather the constituent elements of the identity provided for in paragraph 1^er1°, provided that each evidence meets at least the conditions referred to in paragraph 1^er, 2° and 4°, and at least one of the elements meets the condition referred to in paragraph 1^erThree.
The obligation to demonstrate its identity is not applicable to the claimant whose application for asylum has not been the subject of a final decision or has filed an appeal for administrative cassation deemed admissible in accordance with Article 20 of the Laws of the Council of State, coordinated on January 12, 1973, until a decision to reject the appeal is made. The foreigner who enjoys this exemption expressly demonstrates this in his application.
§ 3. The Minister's delegate declares the application inadmissible:
1° where the foreigner does not introduce his or her application by registered fold to the Minister or his or her delegate or when the application does not contain the address of the effective residence in Belgium;
2° where, in the application, the alien does not demonstrate his or her identity under the terms referred to in § 2 or where the application does not contain the evidence provided for in § 2, paragraph 3;
3° where the type medical certificate is not produced with the application or when the type medical certificate does not meet the conditions specified in § 1^erParagraph 4;
4° in the cases referred to in Article 9bis, § 2, 1° to 3°, or if the evidence invoked in support of the application for permission to stay in the Kingdom has already been invoked as part of a previous application for permission to stay in the Kingdom on the basis of this provision.
§ 4. The foreigner is excluded from the benefit of this provision when the Minister or his delegate considers that there are substantial grounds for considering that he has committed acts referred to in section 55/4.
§ 5. Experts referred to in § 1^erParagraph 5, were appointed by the King, by order deliberately in the Council of Ministers.
The King sets the rules of procedure by order deliberately in the Council of Ministers and also determines the method of remuneration of the experts referred to in paragraph 1^er.
§ 6. Section 458 of the Criminal Code is applicable to the Minister's delegate and members of the Minister's service, with respect to the medical data they are aware of in the performance of their duties. »
2° In Article 12bis, § 4, paragraph 2, of the Act, the words "designated in accordance with Article 9ter, § 2" are replaced by the words "designated in accordance with Article 9ter, § 5".
CHAPTER 2. - Notification of decisions by recommended fold
Art. 188. In title 1^er, Chapter 3, of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens, an article 9quater is inserted as follows:
"Art. 9quater. § 1^er. At the time of the introduction of a residence permit application on the basis of article 9bis or 9ter, the foreigner is required to elect domicile in Belgium.
Failing to have elected domicile in accordance with paragraph 1^er, the foreigner is deemed to have been elected to the Foreign Office. If it is a foreigner who is the subject of a retention order, it is deemed to have been domiciled at the address of the place where it is maintained.
Any modification of the elected domicile must be communicated, under the recommended fold to the position or against receipt to the Foreign Office.
§ 2. Without prejudice to article 62, any notification is validly made to the elected domicile, under the recommended fold to the position or by carrier with acknowledgement of receipt.
If the foreigner has elected his or her lawyer's residence, the notification may also be made validly by fax.
§ 3. Without prejudice to paragraph 2, a copy of any notification is sent by regular mail to the actual address, if known and if it is after the choice of the elected domicile, as well as to the foreign lawyer.
§ 4. The summonses and requests for information may also be validly sent in accordance with § 2. Where applicable, § 3 is applicable. »
PART 18. - Independent
UNIC CHAPTER. - Alternative Contractor Plan
Art. 189. Section 79, paragraph 2, of the Act of 28 April 2010 on various provisions is supplemented as follows:
"3° any period within the meaning of the Royal Decree of January 22, 2010 granting an allowance for the independent worker who temporarily ceases to work to give palliative care to a child or partner, with a maximum of one quarter;
4° any period of temporary cessation of activity for the care of a seriously ill child within the meaning of Article 50 of the Royal Decree of 19 December 1967, bringing general regulation in execution of Royal Decree No. 38 of 27 July 1967 organizing the social status of independent workers, with a maximum of one quarter. »
PART 19. - Economic public enterprises and electronic communications
CHAPTER 1^er. - Amendment of the Act of 21 March 1991 on reform of public economic enterprises
Art. 190. Section 130 of the Act of 21 March 1991 on the reform of certain economic public enterprises is supplemented by the following paragraph:
"In all laws, the words "POST" when referring to the legal person referred to in section 1^er the Act of 6 July 1971 on the creation of POSTE and certain postal services are replaced by the word "bpost".
Art. 191. Article 190 comes into force on the date fixed by the King.
CHAPTER 2. - Amendment of Article 51 of the Act of 13 June 2005 on Electronic Communications
Art. 192. In Article 51, § 2, of the Act of 13 June 2005 on electronic communications, as amended by the Act of 18 May 2009, the following amendments are made:
1° the words "including national roaming" are inserted between the words "necessary obligations" and "to guarantee";
2° paragraph 1^er is completed by the following words:
"The Institute cannot impose national roaming as a measure until it has found that trade negotiations between operators do not result in an agreement within a reasonable time. The King sets out, by order deliberately in the Council of Ministers, after the advice of the Institute, the modalities under which the Institute can impose national roaming, in particular with regard to:
- the time limits available to the Institute;
- operators who have the obligation to offer national roaming and those who have the right to receive it;
- the minimum deployment of a clean network by the operator entitled to national roaming;
- services covered by the national roaming contract;
- the geographic scope of the national roaming contract;
- the duration of the national roaming contract;
- circumstances that may end all or part of the national roaming contract.
PART 20. - Extension of anti-crisis measures
CHAPTER 1^er. - Employment
Art. 193. In section 13 of the Act of 19 June 2009 on various employment provisions during the crisis, the following amendments are made:
1° the words « 1^er October 2010" are replaced by the words "1^er February 2011 »;
2° the last paragraph is deleted.
Art. 194. In Article 14bis, § 1^er, 1° and 2° and § 2, 1° of the same law, inserted by the law of 30 December 2009, the words "31 December 2009" are replaced by the words "31 December 2010".
Art. 195. In section 28 of the Act, the following amendments are made:
1° the words « 1^er October 2010" are replaced by the words "1^er February 2011 »;
2° the second paragraph is deleted.
Art. 196. In section 31 of the Act, the following amendments are made:
1° the words "September 30, 2010" are replaced by the words "January 31, 2011";
2° the words "the King may by order deliberately in Council of Ministers and after notice of the Labour Council, extend the application of this Title no later than 31 December 2010, if the economic situation justifies it" are deleted.
Art. 197. In section 153 of the Miscellaneous Provisions Act of 30 December 2009, the following amendments are made:
After point 4 of paragraph 1^er, are added new points 5°, 6° and 7°, as follows:
“5° if the notification of termination falls within the period of 1^er July 2010 to September 30, 2010, this employer applied to the worker in the period of 1^er April 2010 until the day before the notice of termination, a measure of collective decrease or individual decrease in the period of work as provided for in Title I^er or by Title II, Chapter 2, of the Act of 19 June 2009 on various employment measures during the crisis;
6° if the notification of termination falls within the period of 1^er October 2010 to December 31, 2010, this employer applied to the worker in the period of 1^er July 2010 until the day before the notice of termination, a measure of collective decrease or individual decrease in the period of work as provided for in Title I^er or by Title II, Chapter 2, of the Act of 19 June 2009 on various employment measures during the crisis;
7° if the notification of termination falls within the period of 1^er January 2011 to January 31, 2011, this employer applied to the worker in the period 1^er October 2010 until the day before the notice of termination, a measure of collective decrease or individual decrease in the period of work as provided for in Title I^er or by title II, chapter 2, of the Act of 19 June 2009 on various employment measures during the crisis. »
In the same paragraph, current points 5° and 6° become points 8° and 9°.
New points 10°, 11° and 12° are added to the same paragraph, as follows:
"10° if the notification of termination falls within the period of 1^er July 2010 to September 30, 2010, the execution of the labour contract for workers was suspended by this employer, vis-à-vis the worker, in the period of 1^er April 2010 until the day before the notification of termination pursuant to Article 51 of the Act of 3 July 1978 on contracts of employment, for a certain number of days, equal, according to its working regime, to four weeks if the worker has less than twenty years of seniority in the company at the time of notification of termination and to eight weeks if the worker has at least twenty years of seniority in the company at the time of termination
11° if the notification of termination falls within the period of 1^er October 2010 to December 31, 2010, the execution of the labour contract for workers was suspended by this employer, vis-à-vis the worker, in the period of 1^er July 2010 until the day before the notification of termination pursuant to Article 51 of the Act of 3 July 1978 on contracts of employment, for a number of days, equal, according to its working regime, to four weeks if the worker has less than twenty years of seniority in the company at the time of notification of termination and to eight weeks if the worker has at least twenty years of seniority in the company at the time of termination
12° if notice of termination falls within the period of 1^er January 2011 to January 31, 2011, the execution of the labour contract for workers was suspended by this employer, vis-à-vis the worker, in the period of 1^er October 2010 until the day before the notice of termination pursuant to Article 51 of the Act of 3 July 1978 on contracts of employment, for a certain number of days, equal, according to its working regime, to four weeks if the worker has less than twenty years of seniority in the company at the time of notification of termination and to eight weeks if the worker has at least twenty years of seniority in the company at the time of termination. »
Art. 198. The following amendments are made in section 155 of the Act of 30 December 2009 on various provisions:
1° the words "September 30, 2010" are replaced by the words "January 31, 2011";
2° the second paragraph is deleted.
Art. 199. In Article 1, 4° of the Royal Decree of 11 February 2010 implementing Article 153, § 2 of the Act of 30 December 2009 on various provisions relating to recognition as a business in difficulty for enterprises of less than 10 workers, as amended by the law of 19 May 2010, the words "fourth quarter 2008" are replaced by the words "fourth quarter 2009" and the words "third quarter 2009" are replaced by the words "third quarter 2010".
Art. 200. This chapter comes into force on 31 December 2010.
CHAPTER 2. - Independent
Art. 201. In section 40, paragraph 2, of the Tax Provisions Act of May 19, 2010, the words "December 31, 2010" are replaced by the words "January 31, 2011".
Art. 202. In section 42, paragraph 2, of the Act, the words "December 31, 2010" are replaced by the words "January 31, 2011".
Art. 203. In section 45, paragraph 2, of the Act, the words "December 31, 2010" are replaced by the words "January 31, 2011".
Art. 204. In Article 1^er the Royal Decree of 10 October 2010 implementing sections 40, 42 and 45 of the Act of 19 May 2010 on tax and other provisions, the following amendments are made:
1° in paragraph 1^er the words "December 31, 2010" are replaced by the words "January 31, 2011";
2° in paragraph 2 the words "December 31, 2010 included, replaced" are replaced by the words "January 31, 2011 included, replaced".
Art. 205. In article 2 of the same decree the words "December 31, 2010" are replaced by the words "January 31, 2011".
Art. 206. In article 3, paragraph 1^er, from the same order, the words "31 December 2010" are replaced by the words "31 January 2011".
Art. 207. This chapter comes into force on December 31, 2010.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given at Châteauneuf-de-Grasse, December 29, 2010.
ALBERT
By the King:
The Prime Minister,
Y. LETERME
Minister of Finance,
D. REYNDERS
The Minister of Social Affairs and Public Health, responsible for Social Integration,
Ms. L. ONKELINKX
Minister of Foreign Affairs,
S. VANACKERE
The Minister of Employment, responsible for the Migration and Asylum Policy,
Ms. J. MILQUET
The Minister of Budget,
G. VANHENGEL
Minister of Pensions,
Mr. DAERDEN
Minister of Justice,
S. DE CLERCK
Minister of Independents,
Mrs. S. LARUELLE
Minister of Defence,
P. DE CREM
Minister of Climate and Energy,
P. MAGNETTE
The Minister of Public Service and Public Enterprises,
Ms. I. VERVOTTE
Minister for Business and Simplification,
VAN QUICKENBORNE
The Minister of the Interior,
Ms. A. TURTELBOOM
The Secretary of State for Mobility,
E. SCHOUPPE
The Secretary of State for Budget and Policy on Migration and Asylum,
Mr. WATHELET
The Secretary of State for Social Integration,
P. COURARD
State duscal seal:
Minister of Justice,
S. DE CLERCK
___
(1) Note
Documents of the House of Representatives:
53-0771 - 2010/2011 :
001: Bill.
002 to 013: Amendments.
014 to 021: Reports.
022: Text adopted by the Committees.
023 and 024: Amendments.
025: Text adopted in plenary and transmitted to the Senate.
026: Draft amended by the Senate.
027 : Erratum.
028: Amendments.
029: Report.
030: Text adopted in plenary and subject to Royal Assent.
Full report: 21, 22 and 23 December 2010.
Documents of the Senate:
5-609 - 2010/2011:
Number 1: Project referred to by the Senate.
No. 2: Amendments.
Number 3 to 7: Reports.
No. 8: Text amended by the commissions.
No. 9: Article corrected by the plenary.
No. 10: Text amended by the Senate and referred to the House of Representatives.
Annales of the Senate: December 23, 2010.

Annex to the Act of 29 December 2010 on various provisions (I)
“Annex VI. List of regulations whose violation must be criminally sanctioned under Article 17, §§ 2quater and 2quinquies, in the event of rejection, emission or introduction to the atmosphere, water or soil causing or likely to cause death or serious injury to persons
1° Royal Decree of 5 December 2004 concerning the establishment of product standards for internal combustion engines with non-road mobile devices.
Annex VII. List of regulations whose violation must be criminally sanctioned under Article 17, §§ 2quater and 2quinquies, in the event of rejection, emission or introduction to the atmosphere, water or soil causing or likely to cause a substantial degradation of the quality of air, water or soil or fauna and flora
1° Royal Decree of 22 May 2003 concerning the marketing and use of biocide products;
2° Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the marketing of phytopharmaceutical products and repealing Council Directives 79/117/EEC and 91/414/EEC;
3° Annex XVII to REACH Regulation (EC);
4° Regulation (EC) No 648/2004 of the European Parliament and the Council of 31 March 2004 on detergents;
5° Regulation (EC) No 850/2004 of the European Parliament and Council of 29 April 2004 concerning persistent organic pollutants and amending Directive 79/117/EEC;
6° Regulation (EC) No 842/2006 of the European Parliament and of the Council of 17 May 2006 concerning certain fluorinated greenhouse gases;
7° Regulation (EC) No. 1005/2009 of the European Parliament and Council of 16 September 2009 on substances that deplete the ozone layer;
8° Royal Decree of 27 March 2009 on the marketing and information of the end user of batteries and batteries, and repealing the Royal Decree of 17 March 1997 on batteries and batteries containing certain dangerous substances;
9° Royal Decree of 25 March 1999 establishing product standards for packagings;
10° Royal Decree of 19 March 2004 on vehicle product standards;
11° Royal Decree of 12 October 2004 on the prevention of hazardous substances in electrical and electronic equipment. »
See to be annexed to the Act of 29 December 2010 on various provisions (I).
Minister of Climate and Energy,
P. MAGNETTE