committee decides within thirty days from receipt of the said advice or, when the occasion
arises, when the aforesaid term of fifteen days has expired. Otherwise, its decision is
considered to be in accordance with the technical and legal advice of the supervising
organization.
In case a request, as referred to in the previous section, needs to be dealt with for urgent
reasons and within a period of time shorter than the one stipulated in that section, the
chairman transmits the request, the technical and legal advice and the draft decree to the
members as soon as possible. The members are then requested to inform the chairman of
their opinion concerning the draft decree, within the time limit prescribed by the chairman.
The draft decree will only become enforced when not a single member, within the time limit
prescribed by the chairman, raises an objection with reference to the essential elements of
the decree. When necessary, the chairman schedules a special session of the sectoral
committee. In consultation with the leading official of the organization concerned, the
chairman checks the existence of urgent reasons justifying the application of the two previous
sections.
Without prejudice to article 44 of the aforesaid law of 15 January 1990, the chairman of the
committee can suspend the examination of the file for it to be handed over to the Commission
who will give a decision within a month.
§ 4. The chaimanship of a department gives rise to a double attendance fee, except when
the chairman or the vice-chairman of the Commission hold the chair.
§ 5. Without prejudice to article 41 of the aforesaid law of 15 January 1990, the sectoral
committees are established and meetings take place in the main office of the Commission,
except when the supervising organization in question requests for the committee to be
established and the meetings to be held at its own premises.
The Commission can agree to this request, on the condition that beforehand the supervising
organisation places the offices and office equipment necessary for the well functioning of the
committee and its chairmanship at the disposal of the chairman of the sectoral committee, as
well as a secretary chosen by the chairman in consultation with the leading official of the
organisation in question, and a specialised staff, notably jurists and information scientists,
insofar the effective conclusion of the sectoral committees duties require this. The chairman
of the sectoral committee bears the functional responsibility over the staff with regard to the
duties they perform for this committee.
Article 32
For the fulfilment of its duties the Commission may call upon the assistance of experts. It may
instruct one or more of its members, accompanied by an expert, if necessary, to carry out
investigations on the spot.
In that case the members of the Commission shall have the quality of an officer of judicial
police, assisting officer of the procurator of the King13.
They may require, among other things, the communication of any document that may be of
use for their investigation.
They shall also have access to all the premises of which they may suppose in reason that
activities relating to the application of this law are performed therein.
§ 2. Unless otherwise provided for by law the Commission shall inform the Procurator of the
King of any offence of which it has knowledge.
13
The procurator of the King (procureur des Konings / procureur du Roi) is the head of the public prosecutor’s department at the
tribunals (See footnote 4).
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