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Belgium

Legal basis

  • Crisis or armed conflict time
    In case of a crisis a number of so called “sleeping decrees” exist. Reference is made to Law dated 22 January 1945 on economic regulation and prices adapted by law of 30 July 1971.

The Belgian Ministerial Decree on transfer of competence to sign public procurement contracts determines which authorities are mandated to prepare, in peacetime, “deferred contracts” for public works, public goods and public services. In wartime, these authorities proceed with the execution of these “deferred contracts”. Once these contracts have been prepared, the Procurement Division of the Belgian Defense Directorate General for Material Resources is competent to enter into these contracts or to cancel them. Mainly, these contracts are to be used when Belgium is actually at war on its territory and provides for priority in access to works, goods and services.

  • Urgent reasons (i.e. operational reasons)

In case of urgency (e.g. operational reasons) our public procurement procedures allow for a negotiated procedure without publication.

  • Mergers-Acquisitions
No specific laws, rules or regulations in this matter.
  • Foreign investments

No specific laws, rules or regulations in this matter as far as BE Defence is concerned.

  • Export licenses
Regional matter in Belgium.
  • Codes/Regulations involving Defence Industry

None.

  • Other?

No

Objectives of the national SoS policy

Belgium must meet its obligations to NATO, EU, UN or other third parties.

BE Defense expects to have full access under all circumstances to the required spare parts in order to maintain the operational status of its weapon systems in use in crisis or armed conflict situations.

National bodies involved and areas of responsibilities

The minister having economy, agriculture and/or supply in his competence, can prohibit, regulate or check the import, the production, the possession, the processing, the use, the distribution, the purchase, the sale, the display, the exhibition, the offering for sale, the supply and the transport of products, raw materials and goods.

He can proceed or do proceed to summon against payment products, raw materials and goods for the State, government services, private persons or private institutions.

As far as the Ministry of Defense is concerned, the Directorate General for Material Resources is responsible for Security of Supply issues since the “material managers” are responsible for the entire life cycle of the material resources they manage. They make sure that the Procurement Division enters into contracts which include Security of Supply clauses, if so desired.

The role of SoS in Procurement procedures (requirements, evaluation etc.)

Europan Directive 2009/81/EC has been transposed into BE national legislation on public procurement by means of the law on public procurement in the domain of defense and security dated August 13, 2011 and the royal decree on the conclusion of public procurement contracts in the domain of defense and security.

Contractual terms on SoS

BE Defense standard practice is to include a maintenance contract in the main procurement contract in order to ensure availability of spare parts throughout the life cycle of the weapon system. In a way this embodies Security of Supply throughout the life cycle.

In case a regular delivery of goods or services contract is entered into, a specific clause is also provided in the contract ensuring BE Defense that the contractor will inform the contracting authority in case the contractor intends to withdraw specific spare parts from its inventory, which enables BE defense to perform a “last time buy” of spare parts in order to ensure the maintainability of the goods.

These terms are not limited only to crisis or armed conflict time. They are included in the standard terms and conditions of the contract.

Basically these terms should cover the whole supply chain since the main contractor is responsible for the performance of its subcontractors.

Yes, the maintenance contract should embody a full life cycle support.

In case the contractor fails to honor its obligations there are a number of remedies, either penalties for late delivery, breach of contract and performance by another company at the expense of the contractor, or legal action.

The Procurement Division will exercise its rights and go to court if necessary (by means of the Legal Department of the BE Defense).

Since the Directive 2009/81/CE has been transposed into BE national legislation the BE Defense will apply, depending on the type of material, services or works and its operational use, the relevant clauses regarding SoS in its contractual requirements.

National policy on sharing information on stocks/inventories

Except for a number of NATO STANAGs and/or other international agreements by means of which NATO countries are allowed to exchange (information on) spares from stocks/inventories, BE Defense does not exchange information on its stocks or inventories with other countries.

Some maintenance contracts include pooling of spare parts with a number of other countries using the same weapon system (Embraer, NH-90, A400M, …), sometimes directly with the contractor or through OCCAR, NAMSA, … .

The access to these military owned stocks and facilities is embodied in the specific contracts, MOU’s, international agreements.

Existing Bi/Multi-lateral SoS agreements

NAMSA (Weapon Systems Program Committees C-130, TOW, Ammunition, …), BENESAM, …

Belgium subscribed multilateral SoS agreements for the supply of petrol, electricity or gas.

  • (i) BENESAM involves Belgium and the Netherlands. NAMSA member countries can be identified on their relevant website.
    Concerning civilian goods Belgium is e.g. member of the International Energy Agency.
  • (ii) These agreements are not limited to crisis or emergency time.
  • (iii) Civilian goods needed during crisis time are covered by other agreements.
  • (iv) No priority or allocation systems included for military goods.
    For civilian goods there is a priority list of customers.

SoS Experts contact info

Lieutenant-Colonel Baudouin HEUNINCKX
Ministry of Defence
Defence Procurement Division
Head of Legal Affairs and Litigation
Queen Elisabeth Headquarters
Eversestraat 1, 1140 Brussels
baudouin.heuninckx@mil.be

SoS PoCs/National representatives contact info

Colonel Bert VAN OPSTAL
Ministry of Defence
Head Armaments Section
Queen Elisabeth Headquarters
Eversestraat 1, 1140 Brussels
bert.vanopstal@mil.be

Link to related national websites

http://www.mil.be

Library

 

Page Last Updated: 26 November 2018

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