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- U.S. DEPARTMENT OF STATE
- BELGIUM: 1994 COUNTRY REPORT ON ECONOMIC POLICY AND TRADE PRACTICES
- BUREAU OF ECONOMIC AND BUSINESS AFFAIRS
-
-
-
- BELGIUM
-
- Key Ecomomic Indicators
- (Millions of U.S. dollars unless otherwise noted)
-
-
- 1992 1993 1994 1/
-
- Income, Production and Employment:
-
- Real GDP (1985 prices) 2/ 176.9 162.1 172.9
- Real GDP Growth (pct.) 1.4 -1.3 1.8
- GDP (at current prices) 2/ 219.0 206.4 226.3
- By Sector:
- Agriculture 3.7 N/A N/A
- Energy/Water 9.6 N/A N/A
- Manufacturing 44.5 N/A N/A
- Construction 12.7 N/A N/A
- Services 119.1 N/A N/A
- Government/Health/Education 29.3 N/A N/A
- Real Per Capita GDP (1985 prices) 17,711 16,210 17,170
- Labor Force (000s) 4,237 4,261 4,279
- Unemployment Rate (pct.) 9.4 10.5 10.9
-
- Money and Prices:
-
- Money Supply (M1) 40.4 40.7 N/A
- Base Interest Rate 3/ 8.7 7.2 6.4
- Personal Saving Rate 19.5 20.6 20.2
- Retail Inflation 2.1 2.6 1.8
- Wholesale Inflation -1.8 0.2 1.5
- Consumer Price Index 2.4 2.7 2.5
- Exchange Rate (BF/USD) 32.1 34.6 32.8
-
- Balance of Payments and Trade:
-
- Total Exports (FOB) 123.5 111.3 115.6
- Exports to U.S. 4.41 4.90 N/A
- Total Imports (CIF) 4/ 125.2 114.7 117.5
- Imports from U.S. 5.47 5.21 N/A
- External Public Debt 31.5 43.9 44.65
- Gold and Foreign Exch. Reserves 11.4 13.9 18.1
- Trade Balance 4/ -1.7 -3.4 -1.9
- Trade Balance with U.S. -1.06 -0.3 N/A
-
-
- N/A--Not available.
-
- 1/ 1994 figures are all estimates based on available monthly
- data in October 1994.
- 2/ GDP at factor cost.
- 3/ Figures are actual, average annual interest rates.
- 4/ Merchandise trade.
-
-
-
- 1. General Policy Framework
-
- Belgium, a highly developed market economy, belongs to the
- OECD group of leading industrialized democracies. With exports
- and imports each equivalent to about 60 percent of GDP, the
- country depends heavily on world trade. About 75 percent of
- its trade takes place with other European Union (EU) members.
- Belgium ranked as the ninth-largest trading country in the
- world in 1993. The country's service sector generates more
- than 70 percent of GDP, compared with 25 percent for industry
- and two percent for agriculture. Belgium imports many basic or
- intermediate goods, adds value, and then exports final products.
-
- Belgium exports twice as much per capita as Germany and
- five times as much as Japan. The country derives trade
- advantages from its central geographic location, and a highly
- skilled, multilingual and industrious workforce. Over the past
- 30 years, Belgium has enjoyed the second-highest average annual
- growth in productivity for all OECD countries after Japan.
-
- Globally, Belgium ranks as the United States' 10th-largest
- export market worldwide and the fifth-largest in Western
- Europe. Belgium is the 13th largest target for U.S. investment
- in the world. U.S. trade and investment prospects are
- positive, and many opportunities exist for U.S. exporters and
- investors. The Belgian government recently undertook steps to
- improve the foreign investment climate even more.
-
- Of all European Union members, Belgium's 1993 economic
- recession was the worst after Germany's. Part of the 1993
- recession came about because the government instituted a
- variety of budget cuts and revenue measures totalling about 6.6
- percent of GDP in 1992 and 1993 to try to meet economic
- performance targets under the EU's proposed Economic and
- Monetary Union (EMU). Due to the highest net public sector
- debt load among OECD countries (127 percent of GDP), Belgium
- faces tight fiscal policy for many years to come.
-
- Belgium, with its small open economy, is very vulnerable to
- declines in economic activity in Germany, France and the
- Netherlands, which together account for more than half of
- Belgium's exports. Belgian unemployment currently stands at
- more than 10 percent of the workforce (by EU and OECD
- standardized definitions), an increase of more than 15 percent
- in one year. The country's competitiveness also deteriorated
- in 1993. Per capita wage costs increased by 4.2 percent,
- against 3.6 percent for the country's seven most important
- trading partners.
-
- For 1994, the extent of economic recovery in Belgium
- depends in large part on economic development results in
- neighboring countries, as well as the degree of Belgian
- monetary and fiscal tightness. Most recent GDP growth
- forecasts are in the neighborhood of 2.3 percent in 1994 and
- 2.8 percent in 1995.
-
- Belgium completed domestic ratification of the Uruguay
- Round agreement and became a founding member of the WTO on
- January 1, 1995.
-
- When the present coalition government under Prime Minister
- Dehaene came to power in March 1992, it set three budgetary
- targets. First, federal expenditures net of debt payments
- should not grow faster than the inflation rate. Second, the
- growth rate of fiscal revenues should at least match the growth
- rate of nominal GDP. Third, the deficit in the social security
- budget should be eliminated. The Government has managed to
- meet the two first criteria, but has not yet balanced the
- social security budget, mainly due to substantial cost overruns
- in health insurance and unemployment benefits. In 1993, the
- Government of Belgium's (GOB) public sector budget deficit
- equaled 7.2 percent of GDP, up 0.3 percentage points from the
- 1992 level. According to the Government's own convergence plan
- for possible membership in the European Economic and Monetary
- Union (EMU), the 1993 target was 5.8 percent. For 1994, it is
- 4.8 percent. Despite weak fiscal results to date, the Belgian
- Government since March 1992 has implemented budgetary austerity
- measures worth more than $ 16.2 billion, or about 6.6 percent
- of GDP. Even though 75 percent of these measures were revenue
- increases rather than expenditure cuts, they had the advantage
- of being mostly structural in nature, as opposed to one-time
- measures. As a consequence, the Government still expects to
- meet the three percent of GDP annual budget deficit target in
- 1996, one of the Maastricht Treaty requirements for possible
- full EMU membership. Since Belgium has virtually no chance of
- reaching in this decade the 60 percent of GDP public debt
- target under the Maastricht Treaty, the Belgian public sector
- must come close to the annual deficit target to obtain a
- derogation on the debt target.
-
-
- 2. Exchange Rate Policy
-
- Belgian monetary policy basically shadows German interest
- rates as closely as possible in order to keep the Belgian Franc
- (BF) close to a central parity with the Deutsche Mark (DM). In
- June 1990, the National Bank of Belgium (NBB) decided to keep
- the BF within a plus or minus 0.3 percent band around the
- central parity of the DM, a much narrower band than what the
- European Exchange Rate Mechanism (ERM) required. That policy
- proved successful during the next three years; Belgian
- inflation ranked among the lowest in the EU, and renewed
- credibility of the BF allowed the Government to finance its
- debt at good rates. As part of the near collapse of the entire
- ERM on July 30, 1993, this "strong franc" policy came under
- serious attack both before and after the widening of the ERM
- fluctuation bands on August 2, 1993. Despite the NBB's
- intention to bring the BF back within the narrow ERM band as
- soon as possible, markets began to focus more on Belgium's
- imbalances (mainly the widening budget deficit gap, the huge
- public debt and the depth of the recession). Serious pressures
- developed against the BF in the summer and fall of 1993.
- Consequently, the NBB and Government used high short-term
- interest rates, jawboning and currency market interventions to
- support the BF.
-
- After the franc slipped by about seven percent against the
- central parity rate with the Mark, several factors came to its
- rescue, apart from high interest rates and currency market
- intervention. The German Bundesbank lowered its key interest
- rates at the end of October 1993, relieving the pressure in the
- ERM. The ensuing appreciation of the dollar against the DM
- further eased the pressure on the BF. Subsequently, the NBB
- lowered its interest rates by more than 100 basis points within
- two weeks. Through the combination of the above factors, the
- BF by the end of 1993 had returned close to the central parity
- with the DM, and has stayed there since then, despite gradual
- short-term interest rate cuts.
-
-
- 3. Structural Policies
-
- In practice, freedom of trade in Belgium does not
- discriminate between foreign and domestic investors. There are
- basically no legal measures in force to protect local industry
- against foreign competitors, except in the agricultural sector
- where the EU's external tariffs and the quota structure of the
- Common Agricultural Policy (CAP) apply. Nevertheless,
- unwritten rules have favored national suppliers for public
- procurement contracts and there have been occasional instances
- where individual private sector projects have met resistance
- from established economic interests.
-
- Subsidies: On July 20, 1993, Belgium completed its process
- of constitutional change and became a federal state. In this
- new system, the three regional governments of Flanders,
- Brussels, and Wallonia will assume responsibility for most
- state aid programs under the guidance of the federal government
- and EU regulation. State aids are mainly based on two federal
- laws: (1) the Economic Expansion Act of August 4, 1978 (for
- small companies), and (2) the Economic Expansion Act of
- December 30, 1970 (for large companies). Both laws provide
- financial and fiscal incentives for investments in land,
- buildings, and tangible and intangible assets. Belgian state
- aid programs at all levels of government seem likely to shrink
- in the next several years as pressures to limit them from the
- EU Commission and from declining national and regional budgets
- intensify. The EU Commission believes that state aids distort
- the single market, impair structural change, and threaten EU
- convergence and social and economic cohesion. Belgium has
- historically been near the top of the EU in providing state
- aids, well above the community average. In recent years about
- five percent of total Belgian public sector spending has gone
- to state aids, about 64 percent of which went to particular
- industries, e.g. the railroads and coal mines. In the future,
- the remaining state aid programs will emphasize general macro
- objectives such as promoting innovation, research and
- development, energy saving, exports, and most of all,
- employment.
-
- Investment: Belgium maintains an excellent investment
- climate for U.S. companies. U.S. investment in Belgium - almost
- $11 billion - ranks 13th in the world. No restrictions in
- Belgium apply specifically to foreign investors. Specific
- restrictions that apply to all investors in Belgium, foreign
- and domestic, include the need to obtain special permission to
- open department stores, provide transportation, produce and
- sell certain food items, cut and polished diamonds, and sell
- firearms and ammunition. During 1993, the American Chamber of
- Commerce in Belgium complained publicly on behalf of some of
- its members about a deterioriation in certain aspects of the
- previously excellent foreign investment climate in Belgium.
- The American Chamber specifically criticized the absence of a
- unified government policy on foreign investment within Belgium
- resulting in firms finding themselves welcomed and turned away
- at the same time by different government agencies. In
- addition, the Chamber complained of an inconsistent approach to
- environmentally sensitive investment projects, contradictory
- tax treatment of expatriate cost remuneration, uncertainties
- concerning the legal status of certain kinds of investments,
- and hardships for the families of expatriates occasioned by
- Belgian tax, visa, and immigration policies. Since then, the
- government has responded positively to these points and
- promised to take the necessary measures to remedy these
- problems.
-
- Tax structure: Belgium's tax structure was substantially
- revised in 1989. The top marginal rate on personal income is
- still 55 percent. Corporations are taxed on income at a
- standard rate of 39 percent and a reduced rate ranging from 29
- percent to 37 percent. Branches of foreign offices are taxed
- on total profits at a rate of 43 percent, or at a lower rate in
- accordance with the provisions contained in the double taxation
- treaty. Under the bilateral treaty between Belgium and the
- United States, that rate is 39 percent.
-
- Despite the reforms of the past five years, the Belgian tax
- system is still characterized by relatively high marginal rates
- and a fairly narrow base resulting from numerous fiscal
- loopholes. While indirect taxes are lower than the EU average,
- both in relation to GDP and as a share of total revenues,
- personal income taxation and social security contributions are
- particularly heavy.
-
- The United States-Belgium bilateral income tax treaty dates
- from 1970. A protocol to the 1970 treaty was concluded in
- December 1987 and approved by the Belgian Parliament in April
- 1989. The instruments of ratification were exchanged by the
- U.S. and Belgian governments in July 1989, and the protocol
- went into effect retroactive to January 1, 1988. The protocol
- amends the existing treaty by providing for a reciprocal
- reduction of the withholding rate on corporate dividends from
- 15 to 5 percent (a feature which was actively sought by the
- American business community).
-
-
- 4. Debt Management Policies
-
- Belgium's public sector is a net external debtor, but the
- net foreign assets of the private sector push the country into
- a net creditor position. Only about 15 percent of the Belgian
- government's overall debt is owed to foreign creditors.
- Moody's top Aa1 rating of the country's bond issues in foreign
- currency fully reflects Belgium's integrated position in the
- EU, its significant improvements in fiscal and external
- balances over the past few years, its economic union with the
- financial powerhouse of Luxembourg, as well as the slowdown in
- external debt growth. The Belgian government does not
- experience any major problems in obtaining new loans on the
- local credit market. Because of the reform of monetary policy
- in January 1991, as well as greater independence granted in
- 1993 to the National Bank of Belgium (NBB), direct financing in
- Belgian francs by the Treasury through the central bank has
- become impossible. The Treasury retains only a $ 500 million
- credit facility with the NBB for day-to-day cash management
- purposes. The contracting of foreign currency loans by the
- Belgian government has also been restricted. Such borrowing is
- possible only in consultation with the NBB, which ensures that
- these loans do not compromise the effectiveness of the exchange
- rate policy.
-
- As a member of the G-10 group of leading financial nations,
- Belgium participates actively in the IMF, the World Bank, the
- EBRD and the Paris Club. Belgium is a significant donor
- nation, and it closely follows development and debt issues,
- particularly with respect to Zaire (where development aid flows
- are frozen) and some other African nations.
-
-
- 5. Significant Barriers to U.S. Exports
-
- With the beginning of the EU's single market, Belgium has
- implemented most, but not all, of the trade and investment
- rules necessary to harmonize with the rules of the other EU
- member countries. Thus, the potential for U.S. exporters to
- take advantage of the vastly expanded EU market through
- investments or sales in Belgium has grown significantly.
-
- Some barriers to services and commodity trade still exist,
- however, including:
-
- Telecommunications: The Belgian telecommunications market,
- with its state monopoly of the basic telephone network, has
- shown recently a greater degree of openness than in the past.
- A second cellular license will be issued before the end of
- 1994, the yellow pages have been opened up to competition
- (albeit both under EU pressure) and the search is on for a
- strategic partner for Belgacom, the public telephone operator.
- However, foreign suppliers of equipment still complain that
- they face an unequal battle with the 'national champions'.
-
- Ecotaxes: The Belgian government has passed a series of
- ecotaxes, in order to redirect consumer buying patterns away
- from environmentally damaging materials (as defined by the
- green parties, which supported the government coalition's
- efforts to revise the constitution and create a federal
- state). These taxes will possibly raise costs for U.S.
- exporters, since U.S. companies selling into the Belgian market
- must adapt to the phased-in implementation of these taxes,
- which may add more costs to U.S. producers forced to adapt
- worldwide products to varying EU environmental standards.
-
- Belgian Subsidies to Airbus Participants: Since the
- inception of the Airbus project in Europe, Belgian companies
- have participated as subcontractors to the main German and
- French producers of the aircraft. In the past, Belgian public
- production supports for Airbus contractors have included
- subsidies for both recurring and non-recurring costs. Cash
- advances were halted in 1991, though support continues today in
- the form of a guaranteed exchange rate designed to compensate
- Belgian contractors for the decline in the BF/dollar rate. The
- precise level of the subsidy depends on the equipment being
- supplied, the Airbus aircraft type, and the degree of Belgian
- federal and regional government participation. Between 1978
- and 1991, Belgian federal and regional authorities contributed
- an estimated $167 million to Belgian Airbus component
- manufacturers participating in the Belairbus consortium. In the
- period 1992-1998, Belgian governments have pledged $392 million
- in total support. While federal supports are scheduled to end,
- regional government subsidies are likely to continue and even
- rise in the future, despite federal government commitments to
- control them. This, of course, depends on Belgian industry
- receiving continued work from the Airbus consortium.
-
- Regionalization: The devolution of various central
- government powers to the three regions of Belgium is
- accelerating. The regions already have considerable influence
- over educational and environmental matters and control most of
- the subsidies and investment incentives given to both domestic
- and foreign business. At some point, it is likely that the
- regions will press for taxing authority to raise revenues, in
- order to meet their added responsibilities. There is
- inconsistent enforcement of environment regulations among the
- regions, which may lead to a less favorable investment climate
- for U.S. business in some parts of the country. The regions
- have promised to take steps to avoid nontransparency and
- conflicting jurisdictions.
-
- Opening the Retail Service Sector to U.S. Firms: During
- 1993 and 1994, the large U.S. retail chain, Toys R Us, has
- experienced considerable difficulty in obtaining permits to
- open three outlets in Belgium. Current legislation is designed
- to protect the small shopkeeper in Belgium and has a decidedly
- nontransparent and protectionist bent. While Belgian retailers
- also suffer from the same restrictions, their existing sites
- give them strong market share and power in local markets. Toys
- R Us officials want to continue to open outlets in Belgium and
- are concerned that strict enforcement of the retail law will
- prevent them from doing so.
-
- Military Offset Programs: Belgian military investment
- programs frequently contain offset clauses, whereby a certain
- amount of the contract needs to be performed in Belgium, either
- directly (i.e. direct compensation on the sale) or indirectly
- (i.e. by giving Belgian subcontractors a share of unrelated
- contracts). The offset programs are complicated because of the
- required regional breakdowns: 53 percent must go to Flanders,
- 38 percent to Wallonia and 9 percent to Brussels. The number
- of military contracts is dwindling, however, as Belgian
- military spending declines.
-
- Broadcasting and Motion Pictures: Belgium voted against
- the EU broadcasting directive (which required high percentages
- of European programs) because its provisions were not, in the
- country's view, strong enough to protect the fledgling film
- industry in Flanders. The Flemish (Dutch-speaking) region and
- Walloon (French-speaking) community of Belgium have local
- content broadcasting requirements for private television
- stations operating in those areas. The EU has taken the
- Walloon and Flemish communities to the European Court of
- Justice concerning these requirements. In 1993 the Francophone
- community led an effort to exclude the U.S. TNT cartoon channel
- from cable systems in all three regions. A Brussels court
- subsequently required the broadcasting of TNT in the Brussels
- region. Similar difficulties await NBC and Viacom, when they
- try to enter the Flemish market in early 1995 with their TV4
- channel.
-
-
- 6. Export Subsidies Policies
-
- There are no direct export subsidies offered by the
- Government of Belgium to industrial and commercial entities in
- the country, but the Government does conduct an active program
- of trade promotion. This trade promotion activity (subsidies
- for participation in foreign fairs and the compilation of
- market research reports), together with a social expenditure
- break (a reduction of social security contributions by
- employers, and generous rules for cyclical layoffs) are offered
- to both domestic and foreign companies in export sectors, and
- they may come close to the definition of a subsidy in the case
- of a company engaged in exporting.
-
-
- 7. Protection of U.S. Intellectual Property
-
- Belgium is party to the major intellectual property
- agreements, including the Paris, Berne and Universal Copyright
- Conventions, and the Patent Cooperation Treaty. Nevertheless,
- an estimated 25 percent of Belgium's video cassette and compact
- disc markets are composed of pirated cassettes.
-
- On June 30, 1994, the Belgian Senate gave its final
- approval of the revised Belgian copyright law. The old law
- dated from 1886. National treatment standards were introduced
- in the blank tape levy provisions of the new law, replacing
- reciprocity standards. Problems regarding first fixation and
- non-assignability were also resolved. The final law states
- that authors will receive national treatment, and allows for
- sufficient manoeuvrability in neighbouring rights. It is
- estimated that U.S. authors and producers will receive some $7
- million annually from the proceeds of the blank tape levy in
- Belgium.
-
- Patents: A Belgian patent can be obtained for a maximum
- period of twenty years and is issued only after the performance
- of a novelty examination.
-
- Trademarks: The Benelux Convention on Trademarks, signed
- in Brussels in 1962, established a joint process for the
- registration of trademarks for Belgium, Luxembourg, and the
- Netherlands. Product trademarks are available from the Benelux
- Trademark Office in The Hague. This trademark protection is
- valid for ten years, renewable for successive ten-year
- periods. The Benelux Office of Designs and Models will grant
- registration of industrial designs for 50 years of protection.
- International deposit of industrial designs under the auspices
- of World Intellectual Property Organization (WIPO) is also
- available.
-
-
- 8. Worker Rights
-
- a. The Right Of Association
-
- Belgium has a long tradition of democratic trade unions.
- Workers have the right to associate freely, hold free elections
- and strike. Unions striking or protesting government policies
- or actions are free from harassment and persecution.
- Anti-union actions before a union is legally registered are
- effectively prohibited. Labor unions are independent of the
- government but have important informal links with and influence
- on several major political parties. Belgian unions are free to
- affiliate with and are affiliated with the major international
- labor bodies. In the provision of essential public services,
- public employees' right to strike is implicitly recognized.
- Public employees may and often do strike. Laws and
- regulations, effectively enforced, prohibit retribution against
- strikers and union leaders.
-
- b. The Right To Organize and Bargain Collectively
-
- The right to organize and bargain collectively is
- recognized and exercised freely. Management and unions
- negotiate a nationwide collective bargaining agreement, which
- establishes the framework for negotiations at plant and branch
- levels. The right to due process and judicial review are
- guaranteed for all protected union activity. Belgian law
- prohibits discrimination against union members and organizers
- and provides special protection against termination of
- contracts of shop stewards and members of workers' councils and
- of health and safety committees. Employers found guilty of
- such discrimination are required to reinstate workers.
- Effective mechanisms exist for adjudicating disputes between
- labor and management. Belgium maintains a system of labor
- tribunals and regular courts which hear disputes arising from
- labor contracts, collective bargaining agreements, and other
- labor matters.
-
- Belgium has no export processing zones.
-
- c. Prohibition of Forced or Compulsory Labor
-
- Forced or compulsory labor is illegal and does not occur.
-
- d. Minimum Age for Employment of Children
-
- The minimum age for employment of children is 15, but
- schooling is compulsory until the age of 18. Youth between the
- ages of 15 and 18 can participate in part-time work/part-time
- study programs. Students can also sign summer labor contracts
- of up to 30 days. During that period, they can work the same
- number of hours as adults. The labor courts effectively
- monitor compliance with nationals laws and standards.
-
- e. Acceptable Conditions of Work
-
- The current monthly national minimum wage rate for workers
- age 22 and over is 42,469 Belgian francs, effective as of June
- 1994. Based on the exchange rate of October 19, 1994, this is
- equivalent to $ 1,374. Workers between 18 and 21 can be paid
- less than minimum wage. 18-year-olds can be paid 82 percent of
- the national minimum wage, 19-year-olds 88 percent, and
- 20-year-olds 94 percent. Minimum wage rates in the private
- sector are established by nation-wide labor/management
- negotiations. In the public sector, the minimum wage is
- determined in negotiations between the government and the
- public service unions. Regular cost of living adjustments are
- made during the course of each year to the basic minimum wage
- rate. The Ministry of Labor effectively enforces minimum-wage
- laws. A maximum 40-hour workweek which provides at least one
- 24-hour rest period is mandated by law, although many
- collective bargaining agreements have set shorter work weeks.
- The law requires overtime payment for hours worked in excess of
- a regular workweek. Excessive compulsory overtime is
- prohibited. These laws are enforced effectively.
- Comprehensive health and safety legislation is supplemented by
- collective bargaining agreements on safety issues. Workers
- have the right to remove themselves from situations which
- endanger their health or safety without jeopardy to their
- continued employment, and Belgian law protects workers who file
- complaints about such situations. The Labor Ministry
- implements health and safety legislation through a team of
- inspectors and determines whether workers qualify for
- disability and medical benefits. Health and safety committees
- are mandated by law in companies with more than 50 employees
- and by works councils in companies with more than 100
- employees. The Ministry of Labor effectively monitors
- compliance with national health and safety laws and standards.
-
- f. Rights in Sectors with U.S. Investment
-