Proposition 52K1310

Logo (Chamber of representatives)

Projet de loi transposant les directives 2005/36/EG et 2006/100/EG et modifiant les lois des 20 février 1939 sur la protection du titre et de la profession d'architecte et 26 juin 1963 créant un Ordre des architectes.

General information

Submitted by
CD&V Leterme Ⅰ
Submission date
July 2, 2008
Official page
Visit
Status
Adopted
Requirement
Simple
Subjects
EC Directive professional society organisation of professions town-planning profession

Voting

Voted to adopt
Groen CD&V Vooruit Ecolo LE PS | SP Open Vld N-VA LDD MR FN VB

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Discussion

Oct. 23, 2008 | Plenary session (Chamber of representatives)

Full source


Rapporteur Kattrin Jadin

I would like to briefly present to you the report concerning the transposition of Directives 2005/36 and 2006/100 amending the laws of 20 February 1939 on the protection of the title and profession of architect and of 26 June 1963 establishing the Order of Architects.

Our Economy Committee examined this bill during its meeting on 24 September. Following Mrs. Minister Laruelle’s explanation, the general discussion raised some questions regarding the linguistic knowledge mentioned in Article 3 of that project, questions which could quickly be cleared given that they de facto refer to the linguistic laws and that they do not derogate from them in any way.

Another note was about the legal certainty surrounding the professional responsibility of architects. In this regard, an amendment was filed regarding the requirement that the preliminary declaration provided for in Article 8 of the Act of 26 June 1960 establishing the Order of Architects also include proof of payment of the insurance premium in matters of professional liability, in order to clarify and strengthen the legal certainty surrounding this insurance.

As regards this amendment, it was recalled that the obligations already exist in the Code of Ethics of the profession and that they will now be incorporated into the law itself.

Similarly, it was specified that when awarding the construction site, the architect must obligately inform the insurance company that will proceed to the adjustment of the premiums to be paid according to the risks to be insured and that the proposed amendment is therefore without object.

As regards the vote, Articles 1 to 4 of the said draft were adopted unanimously. The amendment to Article 5 was rejected by 11 votes against 2. The other articles were also successively adopted unanimously, as well as the annex to the said draft.

The whole project, subject to the conditions and legal adjustments, was adopted unanimously.