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16 DECEMBER 2015. - Act respecting various provisions in agriculture and the environment (1)

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 and Environment Safety
Section 1^re - Amendment of the Act of 2 April 1971 on the Control of Plant and Plant Pests
Art. 2. Section 9 of the Act of April 2, 1971 on the Control of Plant and Plant Pests, as amended by the Acts of December 22, 2008 and December 15, 2013, is supplemented by a paragraph that reads as follows:
"The King is empowered to amend, supplement, replace or repeal the provisions of the Royal Decree of 5 December 2004 setting out the temporary crisis contributions due by potato producers for compensation for losses incurred as a result of measures taken against pests, as confirmed by the Act of 20 July 2005, as well as the schedule to that Order."
Section 2. - Amendment of the Act of 17 March 1993 on the establishment of a Budget Fund for the Production and Protection of Plants and Plant Products
Art. 3. In the Act of 17 March 1993 on the establishment of a Budget Fund for the Production and Protection of Plants and Plants, an article 7/1 is inserted as follows:
"Art. 7/1. Disputes concerning payments to the Fund are exclusively within the jurisdiction of the courts of first instance in Brussels. ".
Section 3. - Amendment of the Royal Decree of December 5, 2004 setting out temporary crisis assessments by potato producers for compensation for losses incurred as a result of measures taken against pests
Art. 4. Section 8 of the Royal Decree of December 5, 2004 setting out temporary crisis assessments by potato producers for compensation for losses incurred as a result of measures taken against pests, as amended by the Royal Decree of February 19, 2013, is replaced by the following:
"Art. 8. The contributions referred to in sections 3 and 4 are intended to compensate, in whole or in part:
- direct losses of value due to the destruction or denaturation of potatoes, excluding loss of profits and costs for destruction or denaturation,
- direct losses of value due to processing under quarantine conditions of potatoes, in accordance with the specifications prepared by the Service,
- direct losses of value of certified seed potatoes that have become unusable and value-free after a temporary official ban on the carriage or use of certified seed potatoes, excluding loss of profits and costs for destruction, following the measures imposed by the Service in the fight against the following pests:
- Ralstonia solanacearum (Smith) Yabuuchi et al.,
- Clavibacter michiganensis (Smith) Davis et al. ssp sepedonicus (Spieckermann and Kotthoff) Davis et al.,
- Meloidogyne chitwoodi Golden et al.,
- Meloidogyne fallax Karssen,
- Synchytrium endobioticum (Schilbersky) Percival,
- Potato spindle tuber viroid.
In order to find that certified seed potatoes have become unusable and unvalued after a temporary official ban on the carriage or use of certified potatoes, the Minister designates one or more experts. ".
Art. 5. The following amendments are made to the schedule of the same Royal Decree, as amended by the Royal Decree of 19 February 2013:
1° the title is supplemented by the words: "or for certified seed potatoes that have become unusable and valueless after a temporary official ban on the carriage or use of them";
2° under II. Formal amounts and coefficient of refaction, footnote (3) of the table is supplemented by the following sentence: "This also applies to certified seed potatoes that have become unusable and valueless after a temporary official ban on the carriage or use of certified seed potatoes."
3° under III. Calculation of compensation, the words "calculation is made on the basis of the quantity destroyed or denaturation (expressed in tonnes) in case of destruction or denaturation of potatoes already harvested;" are replaced by the words "calculation is done on the basis of the quantity destroyed or denaturation (expressed in tonnes) in case of destruction or denaturation of potatoes already harvested or for official purposes
Section 4. - Confirmation of the Royal Decree of January 6, 2015 on mandatory contributions to the Budget Fund for the Health and Quality of Animals and Animals based on health risks associated with farms where pigs are held
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 confirmed with effect to 1^er January 2014.
Section 5. - Confirmation of the Royal Decree of 6 January 2015 amending 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. The Royal Decree of January 6, 2015 amending the Royal Decree of July 8, 2004 on mandatory contributions to the Budget Fund for the Health and Quality of Animals and Animals, based on the health risks associated with farms holding cattle, is confirmed with effect on 1^er January 2014.
Section 6. - Confirmation of the Royal Decree of August 4, 2014 amending the Royal Decree of November 13, 2011 setting the remuneration and contributions due to the Budget Fund for raw materials and products
Art. 8. The Royal Decree of August 4, 2014 amending the Royal Decree of November 13, 2011 setting out the contributions and contributions due to the Budget Fund for raw materials and products is confirmed.
Section 7. - Amendment of the Act of 19 December 1950
creating the Order of Veterinary Doctors
Art. 9. Section 23, paragraph 3, of the Act of 19 December 1950 creating the Order of Veterinary Physicians, replaced by the Act of 19 March 2014, is supplemented by the following sentence:
"The failure to pay the contribution may, if any, result in the application of one of the disciplinary sanctions provided for in Article 14.".
Section 8. - Amendments to the Act of 21 December 1998 on standards of products for the promotion of sustainable production and consumption patterns and the protection of the environment, health and workers
Art. 10. In section 2 of the Act of 21 December 1998 on standards of products intended for the promotion of sustainable production and consumption patterns and the protection of the environment, health and workers, last amended by the Act of 15 May 2014, the following amendments are made:
1° 1° is replaced by the following:
"1° products: tangible furniture goods, including substances, mixtures, articles, biocides, phytopharmaceuticals and biofuels, but excluding wastes;"
2° the 7° is replaced by the following:
"7° hazardous substances: hazardous substances as defined in Annex I, Part 2, 3 and 4 of Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on the classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC and amending Regulation (EC) No 1907/2006;"
3° the 7bis° is replaced by the following:
"7bis° hazardous mixtures: hazardous mixtures as defined in Annex I, Part 2, 3 and 4 of Regulation (EC) No 1272/2008 of the European Parliament and Council of 16 December 2008 on the classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC and amending Regulation (EC) No 1907/2006;
4° in the 20th, the sentence "The King may describe more precisely the notion of phytopharmaceutical products in accordance with the directives and regulations of the Institutions of the European Union related to them." is repealed.
Art. 11. In articles 3, 5, 13, 14ter, 14quinquies, 14undecies, 15, 16, 18 and 19bis of the same law, the words "the Community" are each replaced by the words "the Union".
Art. 12. In section 5, last amended by the Act of April 25, 2014, the following amendments are made:
1° in paragraph 1, paragraph 1^er, 6°, the words "the law of 6 April 2010 on market practices and consumer protection" are replaced by the words "article I.8, 13°, of the Economic Law Code";
2° in paragraph 1, 10°, the words "the law of 6 April 2010 on market practices and consumer protection" are replaced by the words "article VI.9 of the Economic Law Code";
3° in paragraph 3, the words "5 of the Consumer Safety Act of 9 February 1994" are replaced by the words "IX.5 of the Economic Law Code".
Art. 13. In the same law, a chapter IIIbis, entitled:
"Chapter IIIbis. Specific provisions on fluorinated greenhouse gases".
Art. 14. In chapter IIIbis inserted by article 13, an article 7bis is inserted, as follows:
"Art. 7bis. In the cases defined by Articles 11, paragraph 3, and 15, paragraph 4, of Regulation (EU) No. 517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorinated greenhouse gases and repealing Regulation (EC) No. 842/2006, the Minister who has the Environment in his or her powers may apply to the European Commission for reasons to grant an exemption in accordance with the conditions set out in those sections. ".
Art. 15. In article 9, paragraph 1^er, 1°, modified by the law of March 28, 2003, the words ", of execution of tests and analyses," are inserted between the words "preservation" and the words "and use".
Art. 16. In Article 16, § 1^er, paragraph 3, of the same law, inserted by the law of 28 March 2003 and amended by the law of 15 May 2014, the words "of the market" are inserted between the words "removal" and the words "restitution".
Art. 17. In article 16bis of the same law, inserted by the law of April 25, 2014 and amended by the law of May 15, 2014, the words "sampling, testing, evaluation," are inserted between the words "fresh" and the words "analysis".
Art. 18. In section 17 of the Act, last amended by the Act of 15 May 2014, the following amendments are made:
1° in paragraph 1^erParagraph 1^er1° is replaced by the following:
"1° that contravenes the requirements set by or under sections 5, 7, 8 and 9 of this Act, when they are applied to dangerous articles or mixtures, with the exception of Article 5, § 1^erParagraph 1^er, 11° ;";
2° in paragraph 1^erParagraph 1^er2° is repealed;
3° in paragraph 1^erParagraph 1^er, the 9° is replaced by the following:
"9° that which contravenes Article 6, paragraph 3, Article 7, paragraph 2, Article 11, Article 14, paragraph 1, 2 and 3, Article 15, paragraph 1, paragraph 2, Article 17 and Article 18 of Regulation (EU) No. 517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorinated greenhouse gases and repealing Regulation (EC) No. 842/2006;
4° in paragraph 2, the 1° is replaced by the following:
"1° that contravenes the requirements laid down by or under sections 5, 7, 8 and 9 of this Act, when they apply to substances or mixtures not falling under paragraph 1^erParagraph 1^er, 1°, or that which contravenes the requirements laid down by or under Article 5, § 1^erParagraph 1^er11°, and section 20 of this Act;"
5° in paragraph 2, the 3° is repealed;
6° in paragraph 2, the 5° is replaced by the following:
"5° that contravenes Articles 17, paragraph 4, 18, paragraph 4, or 28, paragraph 3, of Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer;"
7° in paragraph 2, the 7° shall be replaced by the following:
"7° that which contravenes Articles 12 and 19 of Regulation (EU) No 517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorinated greenhouse gases and repealing Regulation (EC) No. 842/2006;"
8° in paragraph 2bis, first sentence, the words "of this law" are inserted between the words "infring article 20bis" and the words "or article 57";
9° in paragraph 2bis, second sentence, the words "of this Law" are inserted between the words "execution of Article 20bis" and the words "or Article 57".
Art. 19. In article 17bis, paragraph 1^erin the same Act, inserted by the Act of 28 March 2003 and amended by the Acts of 10 September 2009 and 25 April 2014, the first sentence "When an offence to this Act or to any of its enforcement orders has been found, the members of the designated statutory or contractual personnel may, in accordance with Articles 15, 15quater and 15quinquies, give a warning to the offender and the sumr to terminate that sentence."
"Where an offence to this Act or to any of its enforcement orders has been found, the members of the statutory or contractual personnel designated in accordance with sections 15, 15quater and 15quinquies may give a warning to the offender and the sumr to terminate the offence. ".
Art. 20. In section 18 of the Act, last amended by the Act of 15 May 2014, subsection 7 is replaced by the following:
"§ 7. If the interested party fails to pay the fine referred to in paragraph 4 within the time limit, the file shall be forwarded to the Crown Prosecutor. The King's Attorney shall have a period of three months from the day on which the file is received to decide whether or not to proceed criminally and to notify the King's designated official. Criminal proceedings exclude the application of an administrative fine, even if an acquittal closes them.
In the event that the King's prosecutor waives criminal proceedings or fails to notify his or her decision within the time limit, the grievor may continue to pay the fine before the competent court. The provisions of the Judicial Code, including Part IV, Book II and Book III, are applicable.".
Art. 21. In Schedule I to the Act, last amended by the Act of 15 May 2014, the following amendments are made:
1° the sentence "Regulations of the European Community to which the sanctions provided for in Articles 17 and 18 of this Law apply." is replaced by the sentence:
"Regulations of the European Union to which the sanctions set out in sections 17 and 18 of this Act apply."
2° the words "Regulation (EC) No. 842/2006 of the European Parliament and the Council of 17 May 2006 on certain fluorinated greenhouse gases" are replaced by the words "Regulation (EU) No. 517/2014 of the European Parliament and the Council of 16 April 2014 on fluorinated greenhouse gases and repealing Regulation (EC) No. 842/2006".
Art. 22. In Schedule VII of the Act, inserted by the Act of 29 December 2010 and amended by the Act of 25 April 2014, the following amendments are made:
(a) 1° is replaced by the following:
"1° Royal Decree of 8 May 2014 concerning the availability of biocide products on the market and the use of biocide products;"
(b) the 6th is replaced by the following:
"6° Regulation (EU) No 517/2014 of the European Parliament and Council of 16 April 2014 on fluorinated greenhouse gases and repealing Regulation (EC) No. 842/2006;"
(c) the 11° is replaced by the following:
"11° Royal Decree of 17 March 2013 limiting the use of certain hazardous substances in electrical and electronic equipment;".
Section 9. - Amendments to the law
of 12 July 1973 on the Conservation of Nature
Art. 23. In the Act of 12 July 1973 on the Conservation of Nature, section 5, replaced by the Act of 12 July 2012, the current text of which will form paragraph 1^er, is supplemented by paragraph 2 as follows:
"§2. The King sets out, by order deliberately in the Council of Ministers, the procedure and conditions to authorize, suspend or withdraw, on a temporary or final basis, a permit to import, export or transit alien invasive species of concern to the Union pursuant to Article 8 of Regulation (EU) No 1143/2014 of the European Parliament and of the Council of 22 October 2014 concerning the prevention and management of the introduction and invasion of alien species. ".
Art. 24. Article 44, § 1^er, of the same Act, replaced by the Act of 15 May 2014, is replaced by the following:
§ 1^er. Is punishable by imprisonment from six months to five years and a fine of 26 euros to 50,000 euros, or one of these penalties only, the one who contravenes:
1° the provisions for the import, export and transit of non-native plant species and non-native animal species and their remains, including provisions for invasive alien species of concern to the Union, pursuant to Article 5, § 2;
2° the provisions relating to the establishment of a national list of species of concern for Belgium, including the restrictions that are applicable to these species, made pursuant to Article 12 of Regulation (EU) No 1143/2014 of the European Parliament and of the Council of 22 October 2014 on the prevention and management of the introduction and spread of invasive alien species, to the extent they relate to import, export or transit
3° Article 7.1, (a) and (d), Article 8, Article 9, Article 10, Article 15, Article 31 and Article 32 of Regulation (EU) No 1143/2014 of the European Parliament and of the Council of 22 October 2014 concerning the prevention and management of the introduction and spread of invasive alien species, to the extent that they relate to import, export or transit; or
4° a decision of the European Commission concerning the execution of one of the provisions referred to in the 3°, to the extent that it concerns import, export or transit.".
Art. 25. In section 44bis of the Act, inserted by the Act of 12 July 2012, subsection 1 is replaced by the following:
§ 1^er. A criminal prosecution or administrative fine shall be the subject of offences under Article 44, § 1^erParagraph 1^er1° to 4°. ".
Art. 26. In section 45bis of the Act, inserted by the Act of 15 May 2014, subsection 1 is replaced by the following:
§ 1^er. Without prejudice to the law of 28 July 1981 approving the Convention on International Trade in Endangered Species of Wild Fauna and Flora, and its Annexes, made in Washington on 3 March 1973, as well as the Amendment to the Convention, adopted in Bonn on 22 June 1979, the agents referred to in Article 47 are competent for the imposition of an administrative seizure on specimens of animals or §^erParagraph 1^er1° to 4°. ".
Art. 27. Article 47, paragraph 1^er, of the same Act, replaced by the Act of 12 July 2012, is replaced as follows:
"Without prejudice to the powers of judicial police officers, members of the federal and local police, customs officers and members of the statutory or contractual staff of the SPF Public Health, Safety of the Food Chain and Environment designated for this purpose by the King are seeking and finding violations of the provisions referred to in article 44, § 1^erParagraph 1^er1° to 4°. ".
Art. 28. Section 9 comes into force on 1^er January 2016.
Section 10. - Amendments to the Act of 28 July 1981 approving the Convention on International Trade in Endangered Species of Wild Fauna and Flora, and the Annexes made in Washington on 3 March 1973, as well as the Amendment to the Convention adopted in Bonn on 22 June 1979
Art. 29. In Article 5bis of the Act of 28 July 1981 approving the Convention on International Trade in Endangered Species of Wild Fauna and Flora, and the Annexes made in Washington on 3 March 1973, as well as the Amendment to the Convention adopted in Bonn on 22 June 1979, inserted by law of 23 December 2003 and amended by law of 27 December 2012, the following amendments are made:
(a) paragraph 1^er is replaced by the following:
"In the event of a breach of the provisions of this Act or of the orders made pursuant to it or Regulation (EC) No. 338/97 of the Council of 9 December 1996 relating to the protection of wildlife species by the control of their trade and to the provisions adopted by the Commission for the implementation of this Regulation, the official designated for that purpose by the King within the Federal Public Service Public Service concerned Public Health, Safety of measure
1° in the case where the King's Prosecutor waives criminal proceedings or fails to notify his decision within the time limit provided for in Article 7, § 3, 2°;
2° at the request of the King's Prosecutor in cases where the King waives proceedings in cases of offences found by agents referred to in Article 7, § 1^er1° and 2°. ";
(b) Paragraph 7 is replaced by the following:
"In addition, the following costs are borne by the offender:
1° the costs of accommodation and veterinary expenses, after the seizure described in Article 6, § 2, up to the final attribution date;
2° the costs for the implementation of the administrative measures described in Article 6, § 3;
3° the costs incurred in the execution of Article 6, § 4;
4° the costs incurred in carrying out the investigations described in Article 7.
These costs may be claimed at the same time as those collected as an administrative fine.
If the person concerned fails to pay the fine and/or refund the costs incurred within the time limit the employee may recover the amount before the competent court. The provisions of the Judicial Code, including Part IV, Book II and Book III, are applicable.".
Art. 30. Section 7 of the Act, last amended by the Act of 7 February 2014, is replaced by the following:
§ 1. Without prejudice to the powers of judicial police officers, the offences of this Act, its enforcement orders and Council Regulation (EC) No. 338/97 of 9 December 1996 relating to the protection of wildlife species by the control of their trade and to the provisions adopted by the Commission for the implementation of these Regulations are sought and found by:
1° customs officers;
2° members of the federal and local police;
3° CITES statutory and contractual inspectors of the Federal Public Service Public Health, Food Chain Safety and Environment;
4° other staff of the Federal Public Service Public Health, Food Chain Safety and Environment appointed by the King;
5° the members of the statutory or contractual staff of the Federal Agency for the Safety of the Food Chain responsible for the controls provided that these controls are carried out on the sites referred to in Article 4, § 3, 2°, of the Act of 4 February 2000 on the establishment of the Federal Agency for the Safety of the Food Chain and have the objective of public health, animal health or plant health.
Those of those persons who had not taken the oath prescribed by the decree of 20 July 1831 will take it before the Peace Judge.
§ 2. The persons referred to in paragraph 1^er have, in the performance of their functions, free access to factories, shops, warehouses, offices, means of transport, business and livestock buildings, crops, screams, markets, mines, refrigerating facilities, warehouses, stations and outdoor operations.
The visit of residential premises is permitted at any time, for written and prior authorization from the occupant, or between 5 a.m. and 9 a.m., and only with the permission of the police court judge. This authorization is also required for the visit of premises that are not accessible to the public outside these hours.
All persons, including holders, breeders, traders and event organizers, take all measures to facilitate control, including the capture of specimens in a cage or poultry.
The persons referred to in paragraph 1^er may be provided with any information and documents necessary for the performance of their duties and any relevant findings, including the hearing of the person concerned and any other useful hearings. This can be done with the possible collaboration of experts designated on a list prepared by the King.
The persons referred to in paragraph 1^er are allowed to take samples and have them examined in a laboratory to determine:
1 the identity of the specimen;
2° if a specimen held in captivity is actually from the farm.
§ 3. Where an offence to this Act or to any of its Implementing Orders or to Council Regulation (EC) No. 338/97 of 9 December 1996 relating to the protection of wildlife species by the control of their trade and to the provisions adopted by the Commission for the implementation of this Regulation is found by the persons referred to in paragraph 1, 3°, 4° and 5°, a notice of warning may be issued. The offender is directed to the offender to stop the offence.
The warning is sent to the offender within fifteen days of the finding of the offence, in the form of a copy of the notice of offence.
The warning mentions:
(a) the facts charged and the provisions breached;
(b) the time limit for termination;
(c) in the event that the notice is not given, a record of the offence will be established.
§ 4. Where an offence to this Act or to any of its enforcement orders or to Council Regulation (EC) No. 338/97 of 9 December 1996 relating to the protection of wildlife species by the control of their trade and to the provisions adopted by the Commission for the implementation of this regulation is found by the persons referred to in paragraph 1, 3, 4 and 5°, a record of the seizure or seizure of the offence. These are faith to the contrary. A copy of the report is sent to the offenders within fifteen days of the date of the finding of the offence.
The minutes shall be forwarded to the Crown Prosecutor in the month and a copy thereof to the designated official pursuant to section 5bis.
The King's Prosecutor decides whether or not he is conducting criminal proceedings. Criminal proceedings exclude the application of an administrative fine, even if an acquittal closes them.
The King's Attorney shall have a period of three months from the date of receipt of the minutes to notify the designated official pursuant to section 5bis.".
CHAPTER 3. - Federal Agency
for Food Chain Security
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. 31. In Article 1^er10°, from the Royal Decree of 10 November 2005 setting out the contributions referred to in Article 4 of the Law of 9 December 2004 on the financing of the Federal Agency for the Safety of the Food Chain, confirmed by the law of 20 July 2006, the words ", detention" are inserted between the words "breeding" and the words "and culture".
Art. 32. In Article 1^erbis, 3°, of the same order, inserted and confirmed by the law of 20 July 2006 and amended by the laws of 22 December 2008 and 29 March 2012, c. is reinstated in the following wording:
"c. for solipids: these solipids must be held or raised for purposes other than the production of milk, embryos or sperm;".
Section 2. - Amendments to the Act of 9 December 2004 on the financing of the Federal Agency for Food Chain Security
Art. 33. In Article 10, paragraph 1^er, from the Act of 9 December 2004 on the financing of the Federal Agency for the Safety of the Food Chain, the words "October" are replaced by the words "September".
Art. 34. In article 11, § 3, of the same law, the words "and retributions" are inserted between the words "the amount of contributions" and the words "is established ex officio".
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 16 December 2015.
PHILIPPE
By the King:
Minister of Economy and Consumers,
K. PEETERS
The Minister of Public Health,
Ms. M. DE BLOCK
Minister of Agriculture,
W. BORSUS
Minister of the Environment,
Ms. M. C. MARGHEM
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Note
(1) House of Representatives
(www.lachambre.be)
Documents: 54 1471
Full report: 10 December 2015.