belgiquelex.be - Carrefour Bank of LegislationELI - Navigation system by European legal identifier
http://www.ejustice.just.fgov.be/eli/loi/2017/04/07/2017040263/monitor

7 AVRIL 2017. - Act on various provisions in agriculture

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
CHAPTER 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 74 of the Constitution.
CHAPTER 2. - Public Health, Food Chain Safety and Environment
Section 1^re. - Amendment of the Health of Animals Act of 24 March 1987
Art. 2. Article 1^er of the Act of 24 March 1987 on the Health of Animals, last amended by the Act of 27 December 2012, is supplemented by the 13. and 14., as follows:
"13. laboratory: each laboratory that conducts research on animal diseases or zoonoses subject to the application of Chapter III;
14. responsible for a laboratory: the person responsible for the laboratory, or the person or persons designated, under the responsibility of which or where the analyses are performed. ".
Art. 3. In section 7 of the Act, a paragraph 1 is inserted.^er/1 to read:
§ 1^er/1. The King may impose on the conditions that He determines to the person in charge of a laboratory the notification of animal diseases identified in the course of a laboratory examination and designate the agents of the authority to which the declaration must be made. ".
Section 2. - Mandatory contributions to the Fund for the Health and Quality of Animals and Animals - Swine Sector
Art. 4. In section 24 of the Program (I) Act of March 29, 2012, as amended by the Act of December 20, 2016, the following amendments are made:
(a)in the 6th, the words "on the date on which the King has fixed the amounts referred to in Article 6, § 1st, of the Act of 23 March 1998 on the establishment of a Budget Fund for the Health and Quality of Animals and Animals:" are repealed;
(b) in article 24 is inserted on 6° /1, as follows:
"6° /1 By derogation from 6°, the mandatory contributions to the Fund referred to in section 5, 1°, of the Act of 23 March 1998 on the establishment of a Budget Fund for the Health and Quality of Animals and Animals, imposed on those responsible for operations where pigs are held, for the period of 1^er January 2014 to December 31, 2014 is set at 0 euro.".
(c) in article 24 and insert 6° /2, as follows:
"6° /2 By derogation from 6°, the mandatory contributions to the Fund referred to in section 5, 1°, of the Act of 23 March 1998 on the establishment of a Budget Fund for the Health and Quality of Animals and Animals, imposed on those responsible for operations where pigs are held, for the period of 1^er January 2015 to December 31, 2015 is set at 0 euro.".
Art. 5. Section 4, (b), produces its effects on 1^er January 2014 for the period 1^er January 2014 to December 31, 2014.
Section 4, c), produces its effects on 1^er January 2015 for the period 1^er January 2015 to December 31, 2015.
Art. 6. The Royal Decree of 6 January 2015 on mandatory contributions to the Health and Quality of Animals and Animals Fund, which is based on the health risks associated with farms where pigs are held, is withdrawn.
Section 3. - Amendment of the Royal Decree of 8 July 2004 on mandatory contributions to the Health and Quality of Animals and Animals Fund, based on the health risks associated with farms holding cattle
Art. 7. In the Royal Decree of 8 July 2004 on mandatory contributions to the Health and Quality of Animals and Animals Fund, based on the health risks associated with cattle holding operations, an article 2/3 is inserted as follows:
"Art. 2/3. By derogation from section 2, mandatory contributions due to the Fund by the person responsible for a herd for the 2015 fiscal year, baseline period of 1^er November 2014 to October 31, 2015, is reduced by 57% and replaced as follows:
1° a compulsory lump sum of 11.18 euros per herd;
2° a compulsory flat fee of 57.77 euros per velve farm;
3° a mandatory contribution of 0.12 euro per bovine born during the reference period in a herd;
4° a mandatory contribution of 1.10 euro per cattle over one year held throughout the reference period in a single herd;
5° a mandatory contribution of 0.12 euro per bovine added to the herd during the reference period and aged less than one year at the date of the addition and still held or not;
6° a mandatory contribution of 1.68 euro per bovine added to the herd during the reference period and one year or more at the date of the addition and still being held or not.".
Art. 8. Section 7 produces its effects on January 1, 2015.
Section 4. - Amendment of the Act of 23 March 1998 on the establishment of a Budget Fund for the Health and Quality of Animals and Animals
Art. 9. In article 4, paragraph 1^erof the Act of 23 March 1998 on the establishment of a Budget Fund for the Health and Quality of Animals and Animals, as amended by the Act of 22 December 2003, the following amendments are made:
(a) 1° is supplemented by the words: "and Regulation (EU) 2016/429 of the European Parliament and the Council of 9 March 2016 on communicable animal diseases and amending and repealing certain acts in the field of animal health; ";
(b) the 2° is replaced by the following:
"2° Article 9, § 2, paragraphs 2 to 4, of the Act of 28 August 1991 on the exercise of veterinary medicine;".
CHAPTER 3. - Federal Agency for Food Chain Safety
Section 1^re. - Amendments to the Royal Decree of November 10, 2005 setting out the contributions referred to in section 4 of the Act of December 9, 2004 relating to the financing of the Federal Agency for the Safety of the Food Chain
Art. 10. In Article 8 of the Royal Decree of November 10, 2005 setting out the contributions referred to in Article 4 of the Law of December 9, 2004 on the financing of the Federal Agency for the Safety of the Food Chain, confirmed by the law of July 20, 2006 and replaced by the law of December 22, 2008, the words "in this sector" are inserted between the words "no activity" and the words "submitted to authorization".
Art. 11. In article 9 of the same decree, confirmed by the law of 20 July 2006 and replaced by the law of 22 December 2008, the words "in this sector" are inserted between the words "no activity" and the words "submitted to authorization".
Art. 12. Section 13 of the same order, confirmed by the Act of 20 July 2006, is replaced by the following:
"Art. 13. The amounts charged must be paid to the Agency within 30 days of the invoice being sent. "
Art. 13. In article 14, paragraph 2, of the same order, replaced by the law of 22 December 2008, the words "the two months" are replaced by the words "the month".
Art. 14. This section comes into force on the day of its publication in the Belgian Monitor.
Section 2. - Amendment of the Royal Decree of 22 February 2001 organizing the controls carried out by the Federal Agency for the Safety of the Food Chain and amending various legal provisions
Art. 15. In section 2 of the Royal Decree of 22 February 2001 organizing the controls carried out by the Federal Agency for the Safety of the Food Chain and amending various legal provisions, confirmed by the law of 19 July 2001 and amended by the law of 28 March 2003, the 2nd is replaced by the following:
"2° The Minister: the Minister who has the Food Chain Security in his duties; "
Art. 16. In section 3 of the same order, confirmed by the Act of 19 July 2001 and last amended by the Act of 15 December 2013, the following amendments are made:
(a) in paragraph 3, paragraph 1^er, the words "on site" are repealed;
(b) Operative paragraph 3 is supplemented by the following subparagraph:
"All State departments, including prosecutors and court offices, all courts and courts, as well as police services, may provide the statutory and contractual personnel of the Agency responsible for the control, with all the information and documents necessary to carry out their duties. ";
(c) in paragraph 4, paragraph 2 is replaced by the following:
"If necessary, they proceed to the hearing of the offender and to any other useful hearing. ";
(d) in paragraph 6, paragraph 2, the words "by the mayor or his delegate or" are repealed;
(e) in paragraph 6, paragraph 2, the words "or a federal or local police officer" are inserted between the word "judicial" and the word ", it".
Art. 17. In Article 4, § 2, paragraph 1^er, from the same order, confirmed by the law of July 19, 2001, the words "denial of control" are inserted between the words "repeated offences," and the words "denial of injunction".
Art. 18. In section 5 of the same order, confirmed by the law of 19 July 2001, the following amendments are made:
1° in paragraph 2, (a), the words "and the legal or regulatory provisions broken" are repealed;
2° in paragraph 2, (b) is replaced by the following:
"(b) the period(s) in which it must be terminated;"
3° in paragraph 2, (c), the words "and except for cases of force majeure" are inserted between the word "in warning" and the words ", a report";
4° in paragraph 2, (c), the words "and notified to the designated officer pursuant to section 7 of this order and the King's Prosecutor shall be notified" are repealed;
5° in paragraph 3, between the words "recognition" and the word ", warning" the words "of the offence" are repealed.
Art. 19. Section 5bis of the same order, inserted by the law of 9 July 2004, is repealed.
Art. 20. In section 6 of the same order, confirmed by the Act of 19 July 2001 and last amended by the Act of 15 December 2013, the following amendments are made:
1° in paragraph 1^er, paragraph 2, the words "of the person having ordered it" are replaced by the words "of persons designated under Article 3, § 1^erof the present order;
2° Paragraph 7 is supplemented by a paragraph which reads as follows:
"The means of transportation used to commit the offence may be immobilized or directed to a destination determined by the persons referred to in paragraph 1^er".
Art. 21. In Article 7, § 1^erParagraph 1^er, of the same order, confirmed by the law of 19 July 2001 and amended by the laws of 28 March 2003 and 29 March 2012, the words "of this decree or" are inserted between the words ", or the provisions" and the words "taken in execution".
Section 3. - Amendment of the Act of 9 December 2004 on the financing of the Federal Agency for Food Chain Security
Art. 22. In section 11 of the Act of 9 December 2004 on the financing of the Federal Agency for the Safety of the Food Chain, last amended by the Act of 16 December 2015, the following amendments are made:
1° in paragraph 2bis, paragraph 1^er, the words "because of a case of force majeure" are inserted between the words "in the time" and the words ", can introduce,"
2° in paragraph 2bis, paragraph 3, the words "or his delegate" are inserted between the words "The delegated administrator," and the words "as long as they are held";
3° in paragraph 2bis, paragraph 5, the words "or its delegate," are inserted between the words "of the delegated administrator" and the words "is notified to the operator".
Art. 23. This section comes into force on the day of its publication in the Belgian Monitor.
Section 4. - Amendment of the Act of 4 February 2000 on the Establishment of the Federal Agency for Food Chain Security
Art. 24. In the Act of 4 February 2000 on the Establishment of the Federal Agency for the Safety of the Food Chain, an article 5/1 is inserted as follows:
"Art. 5/1. The Agency is competent to act as a procurement centre or market centre for other federal authorities, even outside of the food chain security missions. ".
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 7 April 2017.
PHILIPPE
By the King:
Minister of Justice,
K. GEENS
The Minister of Public Health,
Mr. DE BLOCK
Minister of Agriculture,
W. BORSUS
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Note
House of Representatives
(www.lachambre.be)
Documents: 54 2295
Full report: 16 March 2017