Royal Decree of 29 April 2009 implementing Article 3, § 5, 3°, of the Law of 8 December 1992 on the protection of privacy regarding the processing of personal data concerning the CBFA

FEDERAL PUBLIC SERVICE FINANCES
N. 2009 — 1688 [C − 2009/03160]
29 APRIL 2009. — Royal Decree implementing Article 3, § 5, 3°, of the Law of 8 December 1992 on the protection of the private life with regard to the processing of personal data concerning the Commission for Banking, Finance and Insurance

REPORT TO THE KING

Sire,

In order to enable public authorities to carry out their administrative police duties efficiently, the Law of 8 December 1992 on the protection of the private life with regard to the processing of personal data (hereinafter referred to as "the Law of 8 December 1992") has authorized the King to exempt those authorities from certain obligations provided for in that Law of 8 December 1992, specifically:

(i) the obligation to provide certain information to the natural persons from whom the data are processed (Article 9, §§ 1 and 2, of that Law); (ii) the obligation to grant those persons access to their data (Article 10 of that Law); and (iii) the obligation to enable those persons to have incorrect data corrected or unlawfully collected data deleted (Article 12 of that Law).

The purpose of this draft Royal Decree is to exempt the Commission for Banking, Finance and Insurance (hereinafter referred to as "the CBFA") from those obligations in certain, clearly defined circumstances.

The CBFA is an authority that performs administrative police duties. This institution, established by law, exercises missions of public interest. For the exercise of those duties, it has been granted significant powers inherent to public authority. The duties of the CBFA are listed in Article 45, § 1, of the Law of 2 August 2002 concerning the supervision of the financial sector and financial services (hereinafter referred to as "the Law of 2 August 2002") and relate to the supervision of the exercise of certain regulated professions in the financial sector (insurance companies, credit institutions, intermediaries, money exchange offices, investment firms, etc.), the prevention and repression of market abuse, the supervision of certain financial information made available to the public, as well as the protection of savers and investors against the unlawful offer or illegal provision of financial products or services.

These are administrative police duties: the CBFA takes admission or authorization decisions regarding most financial professions; it supervises the exercise of those professions, notably through its interrogation and investigation powers; it can impose certain remedial measures on practitioners of those professions; it approves certain documents necessary for the execution of financial transactions; it imposes administrative fines on offenders.

In exercising its administrative police duties, the CBFA is required to process personal data, either because it comes into direct contact with natural persons in the context of those duties, or because it is indirectly confronted with data concerning natural persons in the exercise of its supervisory duties regarding legal persons.

As the controller of the processing of personal data, the CBFA must therefore comply with the Law of 8 December 1992, and in particular

(i) the obligation to provide certain information to the natural persons from whom the data are processed (Article 9, §§ 1 and 2, of that Law); (ii) the obligation to grant those persons access to their data (Article 10 of that Law); and (iii) the obligation to enable those persons to have incorrect data corrected or unlawfully collected data deleted (Article 12 of that Law).

SERVICE PUBLIC FEDERAL FINANCES
F. 2009 — 1688 [C − 2009/03160]
29 AVRIL 2009. — Royal Decree implementing Article 3, § 5, 3°, of the Law of 8 December 1992 on the protection of privacy with regard to the processing of personal data concerning the Banking, Finance and Insurance Commission

REPORT TO THE KING

Sire,

In order to allow public authorities to effectively exercise their administrative police missions, the Law of 8 December 1992 on the protection of privacy with regard to the processing of personal data has empowered the King to exempt these authorities from certain obligations provided for in the aforementioned Law of 8 December 1992, more precisely:

(i) the obligation to inform the natural persons whose data are processed (Article 9 §§ 1 and 2, of the Law); (ii) the obligation to authorize these persons to access their data (Article 10 of the Law); and (iii) the obligation to allow them to rectify or delete inaccurate data or data processed unlawfully (Article 12 of the Law).

The purpose of this draft Royal Decree is to exempt the Banking, Finance and Insurance Commission (the "CBFA") from these obligations in certain specific circumstances.

The CBFA is an authority exercising administrative police missions. Created by law, the CBFA exercises missions of public interest and, for the purpose of exercising them, has been endowed with significant attributes of public power. The missions of the CBFA are enumerated in Article 45, § 1 of the Law of 2 August 2002 on the supervision of the financial sector and financial services (hereinafter "the Law of 2 August 2002"). Thus, the CBFA exercises a mission of controlling the exercise of certain regulated professions in the financial sector (insurance companies, credit institutions, intermediaries, exchange offices, investment firms, etc.), a mission of prevention and repression of market abuse, a mission of controlling certain financial information made available to the public, as well as a mission of protecting savers and investors against the illicit offer or provision of financial products or services.

These are administrative police missions: the CBFA takes authorization or approval decisions targeting most financial professions; it controls the exercise of these through powers of interrogation and investigation; it can take certain corrective measures against them; it approves certain documents necessary for the realization of financial operations; it sanctions offenders with administrative fines.

In the exercise of these administrative police missions, the CBFA is led to process personal data, either because its missions put it in direct contact with natural persons, or because it is indirectly confronted with data concerning natural persons during the exercise of its control missions regarding legal persons.

As the controller of the processing of personal data, the CBFA must therefore comply with the Law of 8 December 1992 on the protection of privacy with regard to the processing of personal data, and in particular

(i) the obligation to inform the natural persons concerned by these processing operations (Article 9 §§ 1 and 2, of the Law); (ii) the obligation to give them access to their data (Article 10 of the Law); and (iii) the obligation to allow these persons to rectify or delete inaccurate data or data processed unlawfully (Article 12 of the Law).

BELGIAN MONITOR — 13.05.2009 — BELGIAN STATE GAZETTE 36769

For the CBFA to be able to efficiently exercise its administrative police duties, an exception to those obligations is necessary in the following two hypotheses:

(i) when the processed data originate from third parties and not from the concerned natural persons, because the professional secrecy of the CBFA does not allow it to communicate that data to the concerned natural person; (ii) when the data are processed in the context of an administrative sanction procedure conducted in accordance with Section 5 of Chapter III of the Law of 2 August 2002 (Articles 70 to 73 of that Law).

(i) Data obtained from third parties

When the CBFA receives the data it processes on natural persons from third parties (e.g., judicial authorities, other supervisory authorities, or companies under its supervision), it is bound by a strict professional secrecy resulting from European directives on banking and finance and codified in Articles 74 and following of the Law of 2 August 2002. Breach of professional secrecy is criminally punishable.

The rules provided for in the Law of 8 December 1992 must therefore be applied in conjunction with the professional secrecy of the CBFA. This secrecy is motivated by the desire to guarantee the confidentiality of information provided by companies under supervision or by other supervisors to the CBFA; this guarantee is indeed indispensable to exercise effective supervision. Professional secrecy thus forms a logical counterweight to the obligation for companies under supervision to provide the CBFA with all information and grant it access to all documents (see in particular Articles 34 and 35 of the Law of 2 August 2002 or Article 46 of the Law of 22 March 1993 on the status and supervision of credit institutions). The non-compliance with that obligation to provide the CBFA with all information is, moreover, criminally punishable (Article 41, 3°, of the Law of 2 August 2002 and Article 104, § 1, 12°, of the Law of 22 March 1993). Furthermore, professional secrecy also forms a counterweight to the obligation applicable to other authorities to bring certain information to the attention of the CBFA. For example, every criminal investigation against directors, managers, agents, or approved auditors of credit institutions resulting from a violation of the Law of 22 March 1993 or financial regulation, as well as every criminal investigation against any other natural or legal person resulting from a violation of the Law of 22 March 1993, must be brought to the attention of the CBFA by the judicial or administrative authority before which it is lodged (Article 108 of the Law of 22 March 1993). Every criminal prosecution based on those offenses must, moreover, be brought to the attention of the CBFA by the public prosecutor.

During the preparation of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, attention was paid to the problems related to the fact that certain obligations from the regulation on the protection of the private life apply to public authorities, such as the CBFA. In the preparatory texts of that directive, the European Commission declared as follows: "It is for the Member States to decide to what extent they include in their national legislation on data protection exceptions based on Article [13], unless such exceptions are mandatory under Community law (for example in the field of banking supervision or money laundering)" (COM (92) 422 final - SYN 287 of 15 October 1992, p. 24). This declaration of the European Commission is incorporated in recital No. 44 of the directive, which reads as follows: "whereas Member States may be required by Community law to derogate from the provisions of this directive concerning the right of access, the information of persons and the quality of data in order to safeguard one or more of the aforementioned objectives".

It follows from this that European law requires Member States to transpose into their national law a provision that makes an exception to the right to information, access, and correction for natural persons, when the processed data fall under the obligation of secrecy resulting from banking directives (and financial directives in general, insofar as they concern the same secrecy) in the areas of competence of the CBFA.

Pour que la CBFA puisse exercer efficacement ses missions de police administrative, une exception à ces obligations s’avère nécessaire dans deux hypothèses, à savoir

(i) lorsque les données traitées proviennent de tiers et non des personnes physiques concernées, car le secret professionnel de la CBFA s’oppose alors à ce qu’elle transmette ces données à la personne physique concernée; (ii) lorsque les données sont traitées dans le cadre d’une procédure de sanction administrative menée conformément à la section 5 du chapitre III de la loi du 2 août 2002 (articles 70 à 73 de cette loi).

(i) Données obtenues auprès de tiers

Lorsque les données relatives à des personnes physiques qui sont traitées par la CBFA lui ont été transmises par un tiers (par exemple par les autorités judiciaires, par d’autres autorités de contrôle ou encore par des entreprises contrôlées), la CBFA est tenue par un secret professionnel strict découlant de directives européennes en matière bancaire et financière et formalisé aux articles 74 et suivants de la loi du 2 août 2002. Ce secret professionnel est pénalement sanctionné.

Les règles prévues dans la loi du 8 décembre 1992 doivent donc être combinées avec ce secret professionnel de la CBFA.

L’existence de ce secret est motivée par le souci de garantir aux entreprises contrôlées ou aux autres autorités le secret des informations qu’elles communiquent à la CBFA, cette garantie étant indispensable à l’exercice d’un contrôle efficace. Ce secret est ainsi une contrepartie logique de l’obligation qui est faite aux entreprises contrôlées de transmettre à la CBFA toute information et de lui donner accès à tout document (voy. notamment les articles 34 et 35 de la loi du 2 août 2002 ou encore l’article 46 de la loi du 22 mars 1993 relative au statut et au contrôle des établissements de crédit). Cette obligation de fournir à la CBFA toute information est d’ailleurs sanctionnée pénalement (article 41, 3° de la loi du 2 août 2002 et article 104, § 1er, 12° de la loi du 22 mars 1993). Ce secret professionnel est également la contrepartie de l’obligation qui est faite à d’autres autorités de transmettre certaines informations à la CBFA. Ainsi, à titre d’exemple, toute information du chef d’infraction à la loi bancaire du 22 mars 1993 ou à la réglementation financière à l’encontre d’administrateurs, de directeurs, gérants, mandataires ou réviseurs agréés d’établissements de crédit, de même que toute information du chef d’infraction à la loi bancaire du 22 mars 1993 à l’encontre de toute autre personne physique ou morale doit être portée à la connaissance de la CBFA par l’autorité judiciaire ou administrative qui en est saisie (article 108 de la loi du 22 mars 1993 susmentionnée). Toute action pénale du chef de ces infractions doit par ailleurs être portée à la connaissance de la CBFA à la diligence du ministère public.

La problématique de l’application de certaines obligations prévues dans la réglementation visant à protéger la vie privée à des autorités publiques comme la CBFA a été aperçue lors de l’élaboration de la directive 95/46/CE du Parlement européen et du Conseil du 24 octobre 1995 relative à la protection des personnes physiques à l’égard du traitement des données à caractère personnel et à la libre circulation de ces données. Dans les travaux préparatoires de cette directive, la Commission européenne a en effet indiqué « il appartient aux Etats membres de décider dans quelle mesure ils incluent dans leur législation nationale relative à la protection des données des exceptions fondées sur l’article [13], à moins qu’une obligation découlant du droit communautaire (par exemple en matière de contrôle bancaire ou de blanchiment de capitaux) ne rende obligatoire de telles exceptions » (COM (92) 422 final – SYN 287 du 15 octobre 1992, p. 25). Cette déclaration de la Commission européenne trouve un écho dans le considérant n° 44 de la directive qui prévoit : « considérant que les Etats membres peuvent être amenés, en vertu de dispositions du droit communautaire, à déroger aux dispositions de la présente directive concernant le droit d’accès, l’information des personnes et la qualité des données, afin de sauvegarder certaines finalités parmi celles visées ci-dessus ».

Il s’ensuit que les Etats membres doivent, en vertu du droit européen, transposer dans leur législation nationale une disposition qui fait exception au droit d’information, d’accès et de rectification des personnes physiques, lorsque les données traitées sont couvertes par une obligation de secret découlant des directives bancaires (et financières en général dans la mesure où il s’agit du même secret) dans les domaines de compétence de la CBFA.

36770 MONITEUR BELGE — 13.05.2009 — BELGISCH STAATSBLAD

The exception is transposed into Belgian law by this draft Royal Decree, which exempts the CBFA from the obligations set out in Articles 9, 10, § 1, and 12 of the Law of 8 December 1992 when the processed data falls under its professional secrecy. Concretely, this Decree ensures that the CBFA has access to all necessary information from third parties when exercising its duties. However, this exemption does not undermine the protection of personal data of the concerned natural persons, as they may address the Commission for the Protection of Privacy to verify whether the processing of that data by the CBFA is lawful. This right of indirect access is contained in Article 13 of the Law of 8 December 1992. Since this right is already included in the law, there is no need to repeat it in the Royal Decree (see the opinion of the Commission for the Protection of Privacy 06/93 of 27 July 1993 in fine).

Furthermore, the Commission for the Protection of Privacy generally has the right of access to and control over the personal data processed by the CBFA (see Art. 32 of the Law of 8 December 1992), even if that data falls under the CBFA's professional secrecy, because the Commission for the Protection of Privacy is itself bound by a professional secrecy that prohibits it from disclosing data to third parties, and because it must safeguard the interests for which the CBFA's professional secrecy was established.

(ii) Data processed in the context of administrative sanction procedures conducted in accordance with Section 5 of Chapter III of the Law of 2 August 2002

If the CBFA, in the exercise of its administrative police duties as referred to in Article 45 of the Law of 2 August 2002, identifies serious indications of the existence of a practice that could lead to the imposition of an administrative fine or a penalty payment, or if it is informed of such a practice following a complaint, the Management Committee orders the Secretary-General, in his capacity as Auditor, to investigate the file (Art. 70, § 1 of that Law).

The administrative sanction procedure is regulated in Section 5 of Chapter III of the Law of 2 August 2002 (Art. 70 to 73).

The administrative sanction procedure proceeds in several steps: preliminary investigation to determine whether there are serious indications of the existence of an infringement; if such indications are indeed found, the Auditor is ordered by the Management Committee to investigate the facts; investigation for and against by the Auditor; submission of the Auditor's conclusions to the Sanctions Commission; decision by the Sanctions Commission.

In the context of that sanction procedure, the data processed by the CBFA are not necessarily derived from third parties. Consequently, that data does not necessarily fall under the exemption hypothesis mentioned in (i) above. Nevertheless, it would be inappropriate for the CBFA to be required to inform the concerned person that their data is being processed, to provide them with that data, or to allow them to correct that data. If the concerned natural persons had those rights during the preliminary investigation or during the investigation by the Auditor, they could use the obtained data to obstruct the investigation, for example by causing evidence to disappear or by warning other concerned persons.

For the proper conduct of the procedure, the CBFA must therefore be exempted from the application of Articles 9, 10, § 1, and 12 of the Law of 8 December 1992 in the context of administrative sanction procedures initiated on the basis of Article 70 and following of the Law of 2 August 2002, including in the context of the preliminary examination of serious indications of the existence of an illegal practice.

The fact that the CBFA is exempted from certain obligations by Royal Decree will, however, in no way prejudice the rights of the persons whose personal data is processed. In the context of the sanction procedure conducted at the CBFA, the concerned person will, in accordance with Article 71, § 2 of the Law of 2 August 2002, have access to their file and thus to their data. That article indeed stipulates that when the Auditor informs the Sanctions Commission of his findings, he informs the perpetrator or perpetrators of the practice in question; the latter can then examine the compiled file at the CBFA's headquarters. The respect for the right of access to the data is thus guaranteed within the framework of the respect for the rights of the defense.

The draft Decree, in that it exempts the CBFA from the obligations imposed by Articles 9, 10, § 1, and 12 of the Law of 8 December 1992 regarding the Protection of Privacy when the processed data is covered by professional secrecy, will transpose this exception into Belgian law. More concretely, this Decree will ensure that the CBFA can exercise its missions having all necessary information from third parties at its disposal.

This exemption will, however, not detract from the protection of the personal data of the concerned natural persons, as the concerned natural person may address the Commission for the Protection of Privacy so that it verifies that the processing carried out by the CBFA is lawful. This right of indirect access is provided for in Article 13 of the Law of 8 December 1992. Since this right is provided for in the law, it would have been redundant to provide for it also in the Royal Decree (see the opinion of the Commission for the Protection of Privacy 06/93 of 27 July 1993 in fine).

The Commission for the Protection of Privacy also has, in a general manner, a right of control and access to the personal data processed by the CBFA (see Article 32 of the Law of 8 December 1992), and this, even when that data is covered by professional secrecy, it being understood that the Commission for the Protection of Privacy is itself subject to a professional secrecy that prohibits it from disclosing that data to third parties and that it must respect the interests for which the CBFA's professional secrecy was established.

(ii) Data processed in the context of administrative sanction procedures conducted in accordance with Section 5 of Chapter III of the Law of 2 August 2002

When the CBFA establishes, in the exercise of its administrative police missions referred to in Article 45 of the Law of 2 August 2002, that there are serious indications of the existence of a practice likely to result in the imposition of an administrative fine or a penalty payment, or when it is seized of such a practice following a complaint, the Management Committee charges the Secretary-General, in his capacity as Auditor, to instruct the file (Article 70, § 1 of that Law).

The administrative sanction procedure is regulated in Section 5 of Chapter III of the Law of 2 August 2002 (i.e., in its Articles 70 to 73).

The administrative sanction procedure proceeds in several phases: preliminary inquiry to determine whether there are serious indications of an infringement; if so, referral to the Auditor by the Management Committee; instruction for and against by the Auditor; transmission of the Auditor's conclusions to the Sanctions Commission; decision by the Sanctions Commission.

In the context of that sanction procedure, the data processed by the CBFA have not necessarily been transmitted by third parties. They are therefore not necessarily covered by the first exemption hypothesis mentioned above (i). Nevertheless, it would be inappropriate for the CBFA to be required to inform the interested party of the existence of a processing, to transmit the data to them, or to allow them to correct them.

Indeed, if the concerned natural persons had those rights during the preliminary inquiry or the instruction by the Auditor, they could use the information obtained to obstruct the inquiry or instruction, for example by causing evidence to disappear or by warning other concerned persons.

For the proper conduct of the procedure, it is therefore necessary to exempt the CBFA from the application of Articles 9, 10, § 1, and 12 of the Law of 8 December 1992 in the context of administrative sanction procedures initiated on the basis of Articles 70 and following of the Law of 2 August 2002, including in the context of the preliminary examination of serious indications of the existence of an illegal practice.

The existence of a Royal Decree of exemption in favor of the CBFA will, however, not prejudice the rights of the person whose data is processed. Indeed, in the context of the sanction procedure conducted within the CBFA, the concerned person will have access to their file, and thus to their data, in accordance with Article 71, § 2 of the Law of 2 August 2002. That article indeed stipulates that when he communicates his conclusions to the Sanctions Commission, the Auditor informs the author or authors of the practice in question; they can then examine the file that has been compiled at the CBFA's headquarters. The respect for the right of access to the data will thus be ensured within the framework of the respect for the rights of the defense.

MONITEUR BELGE — 13.05.2009 — BELGISCH STAATSBLAD 36771

Furthermore, the concerned person has the right to indirect access to their data, in the sense that they may address the Commission for the Protection of Privacy, which will access their data on their behalf and verify whether their data has indeed been processed in accordance with Article 13 of the Law of 8 December 1992. More generally, the Commission for the Protection of Privacy will be able to use the powers mentioned in Article 32 of the Law of 8 December 1992 to control how the CBFA processes personal data in the context of the administrative sanction procedure.

Despite the existence of a Royal Decree of exemption, the protection of personal data will thus be guaranteed.

I have the honor to be,
Sire,
Of Your Majesty, the very respectful and very faithful servant, The Minister of Finance, D. REYNDERS 29 APRIL 2009. — Royal Decree implementing Article 3, § 5, 3°, of the Law of 8 December 1992 on the Protection of Privacy regarding the Processing of Personal Data concerning the Commission for the Bank, Finance and Insurance

ALBERT II, King of the Belgians,
To all who are now and hereafter shall be, Our Greeting.
Having regard to the Law of 8 December 1992 on the Protection of Privacy regarding the Processing of Personal Data, in particular Article 3, § 5, 3°; Having regard to the Law of 2 August 2002 concerning the supervision of the financial sector and financial services, in particular Article 45, § 1, and Articles 70 to 73; Having regard to Opinion No. 26/2008 of 23 July 2008 of the Commission for the Protection of Privacy; Having regard to Opinion No. 45.925/2 of the Council of State, given on 25 February 2009, applying Article 84, § 1, first paragraph, 1°, of the coordinated laws on the Council of State; On the proposal of Our Minister of Finance and on the advice of Our Ministers assembled in Council;
Article 1. Articles 9, 10, § 1, and 12 of the Law of 8 December 1992 on the Protection of Privacy regarding the Processing of Personal Data are not applicable to the processing of personal data by the Commission for the Bank, Finance and Insurance in its capacity as a public authority exercising administrative police duties
1° in anticipation of the exercise of its administrative police duties enumerated in Article 45, § 1, of the Law of 2 August 2002 concerning the supervision of the financial sector and financial services, when that data has not been obtained from the concerned person, 2° in the context of the administrative sanction procedures it conducts applying Section 5 of Chapter III of the aforementioned Law of 2 August 2002. Art. 2. Our Minister of Finance is charged with the implementation of this Decree. Given at Brussels, 29 April 2009. ALBERT By the King:
The Vice-Prime Minister and Minister of Finance, D. REYNDERS

And furthermore, the concerned person will have a right of indirect access to their data, in the sense that they may address the Commission for the Protection of Privacy, which will access their data on their behalf and verify whether the processing is indeed carried out in accordance with the Law of 8 December 1992 regarding the Protection of Privacy concerning Personal Data Processing (Article 13 of the Law). More generally, the Commission for the Protection of Privacy will be able to use the powers provided for in Article 32 of the Law of 8 December 1992 to control how the CBFA processes personal data in the context of the administrative sanction procedure. The protection of personal data will therefore be ensured, notwithstanding the existence of a Royal Decree of exemption.

I have the honor to be,
Sire,
Of Your Majesty, the very respectful and very faithful servant, The Minister of Finance, D. REYNDERS 29 APRIL 2009. — Royal Decree implementing Article 3, § 5, 3°, of the Law of 8 December 1992 regarding the Protection of Privacy concerning Personal Data Processing concerning the Banking, Financial and Insurance Commission

ALBERT II, King of the Belgians,
To all, present and future, Greeting.
Having regard to the Law of 8 December 1992 regarding the Protection of Privacy concerning Personal Data Processing, in particular Article 3, § 5, 3°; Having regard to the Law of 2 August 2002 concerning the supervision of the financial sector and financial services, in particular Article 45, § 1, and Articles 70 to 73; Having regard to Opinion No. 26/2008 of 23 July 2008 of the Commission for the Protection of Privacy; Having regard to Opinion No. 45.925/2 of the Council of State, given on 25 February 2009, applying Article 84, § 1, first paragraph, 1° of the coordinated laws on the Council of State; On the proposal of Our Minister of Finance and on the advice of Our Ministers who have deliberated in Council;
Article 1. Articles 9, 10, § 1, and 12 of the Law of 8 December 1992 regarding the Protection of Privacy concerning Personal Data Processing are not applicable to the processing of personal data carried out by the Banking, Financial and Insurance Commission in its capacity as a public authority exercising administrative police missions
1° with a view to the exercise of the administrative police missions enumerated in Article 45, § 1 of the Law of 2 August 2002 concerning the supervision of the financial sector and financial services, when that data has not been obtained from the concerned person, 2° in the context of the administrative sanction procedures conducted applying Section 5 of Chapter III of the aforementioned Law of 2 August 2002. Art. 2. Our Minister of Finance is charged with the implementation of this Decree. Given at Brussels, 29 April 2009. ALBERT By the King:
The Vice-Prime Minister and Minister of Finance D. REYNDERS 36772 MONITEUR BELGE — 13.05.2009 — BELGISCH STAATSBLAD