The purpose of this Framework Agreement is to provide legal services relating to the various legal matters covered by each of its lots.

The PA wishes to establish a list of lawyers for each of the lots that may be designated by the Legal Affairs Department of AWEX to ensure the management of certain legal files in the matter covered by each of the lots.

The main legal missions are:

A. Respond to legal consultations, outside of any litigation or pre-litigation phase, whether in editorial form or as assistance and support of the AP;

B. Prepare and present a training/awareness session on the material indicated in the lot;

C. Support AWEX in its compliance according to the requirements and the evolution of the law in relation to the subject of the lot informed;

D. Draft and/or provide expertise to the AP for the drafting of normative texts;

E. For the lot "Debt collection" (lot 3), represent, advise and / or defend the PA in pre-litigation and litigation before the competent courts.

By way of example and not limitation, this lot covers the following subjects:

- General administrative law, excluding the civil service and public procurement;

- General public accounting;

- Legal regime relating to the status of AWEX (UAP type 2 dependent on the Walloon Region, founding decree and implementing decrees, ...);

- Publicity of the administration and right of access to administrative data held by the PA.

- Issues related to the granting of environmental permits, including applications or renewals.

By way of example and not limitation, this lot covers the following subjects:

- Indirect taxation, in particular, VAT;

- Belgian tax law;

- International tax law, in particular double taxation conventions.

Illustration :

- Advice on double taxation conventions following the status of expatriation.

By way of example and not limitation, this lot covers the following subjects:

- Contract law (with the exception of contracts of enterprise) and obligations;

- Law of security rights and privileges;

- Law of evidence;

- Civil liability (general, with regard to activities in Belgium and abroad, etc.);

- Rights in rem, such as the right of surface and emphyteutic;

- Lease law;

- Staff insurance in Belgium and abroad;

- Building insurance.

By way of example and not limitation, this lot covers the following subjects:

- European regulation related to state aid in particular Articles 106, 107 and 108 TFEU

- Legality of a financial support mechanism (e.g. support for sectors impacted by COVID, de minimis regulation, SGEI regulation, assimilation of a subsidy to state aid);

- Intervention before the European Commission (pre-notification and notification of aid, etc.);

- Law applicable to subsidies granted by the Walloon public authorities;

- State aid and subsidies in the context of BREXIT.

Illustration: Analysis and verification of the legality of the aid granted under BREXIT.

This lot includes the recovery of debts, in particular for aid or subsidies from AWEX which have been unduly received by beneficiaries.

By way of example and not limitation, this lot covers the recovery of established entitlements, in particular:

- Recovery in the context of the control of the granting and use of subsidies granted by AWEX in application of the regulatory standards in force, including, but not limited to, the Decree of the Walloon Government of 29 October 2015 on aid for the internationalisation of companies, and the Decree of the Walloon Government of 9 July 2020 on support for the internationalisation of business groups, mixed chambers of commerce and their members.

- Invoices and/or declaration of claims issued by the PA, the holder of a claim.

By way of example and not limitation, this lot covers the following subjects:

o The status of AWEX staff members (statutory, contractual, expatriate contract workers, local law staff);

o Labour and social security law, in the context of the application of these matters to AWEX (the PA being an OIP), more specifically:

o The decree of the Walloon Government of 18 December 2003 on the Walloon Civil Service Code and the Decree of the Walloon Government of 18 December 2003 on the conditions of employment and the administrative and financial situation of members of the contractual staff;

o The decree of the Walloon Government of 10 June 1999 laying down administrative and pecuniary provisions applicable to the economic and commercial attachés of the Walloon Export Agency;

o The Act of 3 July 1978 on employment contracts;

o The Act of 3 July 1967 on the prevention or compensation of damage resulting from accidents at work, accidents occurring on the way to work and diseases in the public sector (accidents at work, occupational diseases, etc.);

o The General Regulation for Labour Protection, Welfare Act and Code on Welfare at Work, etc.

o Directive (EU) 2019/1937 on the protection of persons who report breaches of Union law

Illustrations :

- Support during amendments to the AWEX staff regulations;

- Modification of the work regulations and their annexes;

- Work permit issues

By way of example and not limitation, this lot covers all types of issues related to the award or execution of public contracts:

- Application of WTO government procurement agreements;

- Application of European directives;

- Application of the law of 17 June 2016 on public procurement and its implementing decrees;

- Application of the law of 17 June 2013 on the motivation, information and remedies in relation to public contracts, certain works contracts, supplies and services and concessions.

Illustrations :

- Verification of the conformity of the contract documents during the launch of a complex public contract;

- Analysis and support during an award decision.

In the context of the contacts that AWEX maintains with Walloon companies and associations as part of its activities, it may have to be confronted with certain questions in the field of company and association law.

By way of example and not limitation, this lot covers the following subjects:

- Company and association law (e.g. the impact of company law reform on different forms of company);

- The responsibility of the directors of companies and associations;

- Insolvency law, bankruptcy, liquidation, judicial reorganization, etc.

By way of example and not limitation, this lot covers the following subjects:

- International sales including incoterms;

- Contracts of commercial intermediaries;

- E-commerce or e-commerce regulations;

- Enterprise contracts;

- The regulations relating to customs duties;

- Market practices;

- Unfair terms in B2C and B2C contracts.

By way of example and not limitation, this lot covers the following subjects:

- Copyright, trademarks, patents, designs and models;

- Innovation law;

- Electronic communications law;

- Media law;

- Responsibility for content disseminated on the internet;

- Computer crime;

Illustrations :

- Advice on publishing photos on THE PA websites

- Tips on using URLs

By way of example and not limitation, this lot covers the following subjects:

- Right to respect for private and family life (Art. 8 of the European Convention on Human Rights and Art. 7 Charter of Fundamental Rights of the EU);

- Personal data protection law (Art. 8 Charter of Fundamental Rights of the EU);

- Right to image, honour and reputation and right of reply;

- Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to personal data and on the free movement of such data, and repealing Directive 95/46/EC;

- The law of 30 July 2018 on the protection of individuals with regard to the processing of personal data;

- Proposal for a Regulation on harmonised rules on fair access to and use of data adopted by the European Commission on 23 February 2022 (also known as the Data Act);

- Information security

Illustration :

- Advice on the compliance of the AP with the obligations arising from the GDPR.