Act of 25 March 2016 on the status and supervision of insurance and reinsurance undertakings concerning certain expedited appeal procedures before the Council of State

FEDERAL PUBLIC SERVICE ECONOMY,
S.M.E., MIDDLE CLASSES AND ENERGY
[C − 2016/11105]
25 MARCH 2016. — Act on the status and supervision of insurance or reinsurance undertakings concerning certain expedited appeal procedures before the Council of State (1)

PHILIP, King of the Belgians,
To all, present and future, Greeting.
The Chambers have adopted and We sanction the following:

Article 1. This Act regulates a matter referred to in Article 78 of the Constitution.

Art. 2. In Article 68, 2°, of the Law of 6 August 1990 concerning the sickness funds and the national unions of sickness funds, inserted by the Law of 2 June 2010, the following changes are made:

1° in the provision under a), the words “in application of Article 3 of the Law of 9 July 1975 concerning the supervision of insurance undertakings” are replaced by the words “in application of Articles 28 and 584 of the Law of 13 March 2016 on the status and supervision of insurance or reinsurance undertakings;”;

2° the provision under b) is repealed;

3° in the provision under c), the words “referred to in Article 21octies of the Law of 9 July 1975 concerning the supervision of insurance undertakings;” are replaced by the words “referred to in Article 504 of the Law of 13 March 2016 on the status and supervision of insurance or reinsurance undertakings;”;

4° in the provision under d), the words “referred to in Article 26, §§ 1, second paragraph, 2°, 3° and 4°, and 5, 8 and 9, of the Law of 9 July 1975 concerning the supervision of insurance undertakings;” are replaced by the words “referred to in Article 517, § 1, 2°, 4°, 6°, 7° and 8°, of the Law of 13 March 2016 on the status and supervision of insurance or reinsurance undertakings;”;

5° in the provision under e), the words “referred to in Article 43 of the Law of 9 July 1975 concerning the supervision of insurance undertakings;” are replaced by the words “referred to in Articles 517, § 1, 8°, 541 and 598, § 2, of the Law of 13 March 2016 on the status and supervision of insurance or reinsurance undertakings;”;

6° in the provision under f), the words “referred to in Articles 51 and 58 of the Law of 9 July 1975 concerning the supervision of insurance undertakings or when the Control Service has not made a decision within the period laid down in Article 51, second paragraph, of the same Law;” are replaced by the words “referred to in Articles 108, § 3 and 115, § 2, of the Law of 13 March 2016 on the status and supervision of insurance or reinsurance undertakings;”.

Art. 3. In Article 36/22 of the Law of 22 February 1998 fixing the organic statute of the National Bank of Belgium, last amended by the Law of 27 May 2014, the following changes are made:

1° in the provision under 7°, the words “pursuant to Article 4 of the Law of 9 July 1975 concerning the supervision of insurance undertakings; an identical appeal may be lodged if the Bank has not made a ruling within the period laid down in the fourth paragraph of the aforementioned Article 4; in this latter case, the appeal is treated as if the application had been rejected upon expiry of the period;” are replaced by the words “pursuant to Articles 28 and 584 of the Law of 13 March 2016 on the status and supervision of insurance or reinsurance undertakings;”;

2° the provision under 8° is repealed;

3° the provision under 9° is replaced as follows:
“9° by the insurance or reinsurance undertaking, against the decisions on tariff increases taken by the Bank pursuant to Article 504 of the aforementioned Law of 13 March 2016;”;

4° the provision under 10° is replaced as follows:
“10° by the insurance or reinsurance undertaking, against the decisions taken by the Bank pursuant to Article 517, § 1, 1°, 2°, 4°, 6° and 7°, of the aforementioned Law of 13 March 2016;”;

5° the provision under 11° is replaced as follows:
“11° by the insurance or reinsurance undertaking, against the decisions on withdrawal of the authorization taken by the Bank pursuant to Articles 517, § 1, 8°, 541 and 598, § 2, of the aforementioned Law of 13 March 2016;”;

6° the provision under 12° is replaced as follows:
“12° by the insurance undertaking, against the opposition decisions taken by the Bank pursuant to Articles 108, § 3 and 115, § 2, of the aforementioned Law of 13 March 2016, or when the Bank has not communicated a decision within the periods laid down in Articles 108, § 3, second paragraph and 115, § 2, second paragraph, of the same Law;”;

7° a provision under 12bis° is inserted, reading:
“12bis° by the insurance undertaking, against the decisions taken by the Bank pursuant to Article 569 of the aforementioned Law of 13 March 2016;”;

8° the provision under 14° is repealed;

9° the provision under 15° is replaced as follows:
“15° by the reinsurance undertaking, against the opposition decisions taken by the Bank pursuant to Articles 114 and 121 of the aforementioned Law, insofar as they respectively refer to Articles 108, § 3 and 115, § 2, of the same Law or when the Bank has not communicated a decision within the periods laid down in Articles 108, § 3, second paragraph and 121, 2°, of the same Law;”;

10° the provision under 16° is repealed;

11° the provision under 17° is repealed;

12° the provision under 18° is replaced as follows:
“18° by the reinsurance undertaking, against the decisions taken by the Bank pursuant to Articles 600 and 601, insofar as they respectively refer to Articles 580 and 598 of the aforementioned Law;”;

13° the provision under 22° is replaced as follows:
“22° by the institution concerned, against the decisions taken by the Bank pursuant to Article 517, § 6, of the Law of 13 March 2016 on the status and supervision of insurance or reinsurance undertakings;”;

14° in the provision under 35°, the words “Article 74, § 1, third paragraph, of the Law of 16 February 2009 on the reinsurance business” are replaced by the words “Article 603, § 2, of the Law of 13 March 2016 on the status and supervision of insurance or reinsurance undertakings”.

Art. 4. In Article 122 of the Law of 2 August 2002 concerning the supervision of the financial sector and financial services, last amended by the Royal Decree of 3 March 2011, the provision under 12° is replaced as follows:
“12° by the insurance undertaking, against the decisions on extension of the request for information taken by the FSMA pursuant to Article 286, § 3, of the Law of 4 April 2014 concerning insurance;”.

Art. 5. This Act enters into force on the day on which it is published in the Belgian State Gazette.
We proclaim this Act, order that it be sealed with the State Seal and published in the Belgian State Gazette.
Given at Brussels, 25 March 2016.

PHILIP
By the King:
The Minister of Economy and Consumers,
K. PEETERS
The Minister of the Interior,
J. JAMBON
The Minister of Finance,
J. VAN OVERTVELDT
The Minister of Justice,
K. GEENS
Sealed with the State Seal:
The Minister of Justice,
K. GEENS

Note
(1) Chamber of Representatives:
(www.dekamer.be)
Documents: 54-1661 – 2015/2016
Full Report: 18 February 2016.
Senate:
(www.senate.be)
Documents: 6-260 - 2015/2016
See also:
Chamber of Representatives:
Documents:
54-1584 – 2015/2016

FEDERAL PUBLIC SERVICE FINANCES
[C − 2016/03116]
13 MARCH 2016. — Royal Decree determining the customs procedures and the modalities under which direct and indirect representation may be applied

REPORT TO THE KING

Sire,
I have the honour to submit to Your Majesty a draft Royal Decree determining the customs procedures and the modalities under which direct and indirect representation may be applied. This draft Royal Decree aims to implement Article 10-2 of the General Law on Customs and Excises and to determine for which customs procedures direct and indirect representation may be applied and to determine the modalities thereof.

This Decree provides that direct and indirect representation may be applied to all customs procedures and that on every declaration it must be indicated whether direct or indirect representation is being used. This distinction is important for the processing of the customs declaration and the further consequences linked to the use of that representation.

The implementation has been delegated to the Minister of Finance with regard to IT developments, determining the various dates of implementation and the customs destinations or customs formalities involved at each step. The application of direct and indirect representation requires IT adjustments that cannot be carried out in one step.