Miscellaneous Provisions Act Agriculture And Environment (1)

Original Language Title: Loi portant dispositions diverses en matière d'agriculture et d'environnement (1)

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2015024305&caller=list&article_lang=F&row_id=100&numero=175&pub_date=2015-12-21&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2015-12-21 Numac: 2015024305 PUBLIC SERVICE FEDERAL public health, food chain safety and environment 16 December 2015. -Miscellaneous Provisions Act agriculture and environment (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The House of representatives has adopted and we sanction the following: Chapter 1. -Available general Article 1. This Act regulates a matter referred to in article 74 of the Constitution.
CHAPTER 2. -Public health, food chain safety and Environment Section 1st - Amendment of the Act of April 2, 1971 to combating organisms harmful to plants and plant products art. 2. article 9 of the Act of April 2, 1971 to combating organisms harmful to plants and plant products, as amended by laws of December 22, 2008 and December 15, 2013, is supplemented by a paragraph worded as follows: "the King is empowered to amend, Supplement, replace or repeal the provisions of the royal decree of 5 December 2004 fixing the temporary crisis contributions due by the producers of potatoes for the compensation of" losses due to the measures taken against harmful organisms, confirmed by the law of 20 July 2005, and the schedule to this order. "."
Section 2. -Amendment of the Act of 17 March 1993 on the establishment of a budgetary Fund for the production and protection of plants and plant products art. 3. in Act of 17 March 1993 on the establishment of a budgetary Fund for the production and the protection of plants and plant products, it is inserted an article 7/1 as follows: "article 7/1. Disputes over payments to the Fund are exclusively the competence of the courts of first instance of Brussels. "."
Section 3. -Modification of the royal decree of 5 December 2004 fixing the temporary crisis contributions due by the producers of potatoes for compensation for losses suffered as a result of the measures taken against harmful organisms s. 4. article 8 of the royal decree of 5 December 2004 laying down temporary crisis contributions due by the producers of potatoes for the compensation of losses follow-up to the measures taken against harmful organisms, as amended by the royal decree of 19 February 2013, is replaced by the following: 'article 8. contributions referred to in articles 3 and 4 are exclusively intended to compensate, in whole or in part: - of direct loss of value due to destruction or to the denaturation of potatoes, excluding profits and fees for denaturation, or destruction - of direct loss of value due to processing under conditions for quarantine of potato , in accordance with the specifications developed by the Service-direct losses of value of plants certified potatoes become unusable and worthless after a temporary ban on official transport or use thereof, excluding profits and fees for the destruction, following the measures imposed by the Service in the fight against the following harmful organisms : - Ralstonia solanacearum (Smith) Yabuuchi et al. - Clavibacter michiganensis (Smith) Davis et al. SSP. sepedonicus (Spieckermann and Kotthoff) Davis and Al-Meloidogyne chitwoodi Golden et al., - Meloidogyne fallax Karssen, - Synchytrium endobioticum (Schilbersky) Percival - Potato spindle tuber viroid.
To see that certified potato seed became unusable and worthless after an official ban temporary transport or use thereof, the Minister shall designate one or more experts. "."
S. 5 A annex of the same royal decree, as amended by the royal decree of February 19, 2013, the following changes are made: 1 ° the title is supplemented by the words: "or for plants certified potatoes become unusable and worthless after a temporary official ban of transport or use thereof";
2 ° under II. Lump and coefficient of reduction, (3) reference in the table is supplemented by the following sentence: "This applies also to certified potatoes become unusable and worthless plants after a temporary official ban of transport or use thereof.";
3 ° under III. Calculation of the indemnity, the words "is calculated based on the quantity destroyed or denatured (expressed in tonnes) in case of destruction or denaturation of already harvested potato;" shall be replaced by the words "is calculated on the basis of the quantity destroyed or denatured (expressed in tonnes) in case of destruction or denaturation of already harvested potatoes or certified potato plants become unusable and without" value after a temporary official ban of transport or use thereof; "."
Section 4. -Confirmation of the royal decree of 6 January 2015 concerning compulsory contributions to the budgetary Fund of health and quality of animals and animal products laid down according to the health risks associated with farms where pigs article are kept 6. the royal decree of 6 January 2015 relative to contributions mandatory budgetary Fund of health and quality of animals and animal products laid down according to the health risks associated with farms where pigs are kept, is confirmed with effect from 1 January 2014.
Section 5. -Confirmation of the royal decree of 6 January 2015 amending the royal decree of 8 July 2004 concerning compulsory contributions to the budgetary Fund for the health and quality of animals and animal products, set on the basis of the health risks associated with s. cattle holdings 7. the royal decree of 6 January 2015 amending the royal decree of 8 July 2004 on compulsory contributions to the budgetary Fund for the health and quality of animals and animal products, set on the basis of the health risks to farmers holding cattle, is confirmed with effect from 1 January 2014.
Section 6. -Confirmation of the royal decree of August 4, 2014, amending the royal decree of 13 November 2011 fixing the fees and contributions due to the budgetary Fund of the raw materials and products s. 8. the royal decree of August 4, 2014, amending the royal decree of 13 November 2011 fixing the fees and dues to the budgetary Fund of the raw materials and products, is confirmed.
Section 7. -Amendment of the law of 19 December 1950 establishing the College of physicians veterinary art.
9. article 23, paragraph 3, of the Act of 19 December 1950 establishing the order of veterinarians, replaced by the Act of March 19, 2014, is supplemented by the following sentence: "the failure to pay the membership fee may, where appropriate, give rise to the application of one of the disciplinary measures provided for in article 14.".
Section 8. -Amendments to the law of 21 December 1998 on standards of products purpose promoting sustainable patterns of production and consumption and the protection of environment, health and arts workers 10 in article 2 of the law of 21 December 1998 on the standards of products aimed at the promotion of sustainable consumption and production patterns and the protection of the environment, and health workers, as amended by the Act of 15 may 2014, the following changes are made: 1 ° 1 is replaced by the following : "1 ° products: tangible personal property, including substances, mixtures, articles, biocides, plant protection products and biofuels, but excluding waste;";
2 ° 7 ° is replaced by the following: "7 ° hazardous substances: 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 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 ° 7A is replaced by the following: ' 7A ° dangerous mixtures: dangerous mixtures 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 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 20 °, the phrase "the King may describe more precisely the concept of plant protection products in accordance with the guidelines and regulations of the Institutions of the European Union y related." is repealed.
S. 11. in articles 3, 5, 13, 14b, 14quinquies, 14undecies, 15, 16, 18 and 19A of the Act, the words "the community" are each time replaced by the words '' Union ''.
S.
12A article 5, as last amended by the Act of April 25, 2014, of the Act, the following amendments are made: in paragraph 1, 1st subparagraph 1 °, 6 °, "the law of April 6, 2010 on the market practices and consumer protection" shall be replaced by the words "article I.8, 13 °, of the Code of economic law";
2 ° in the paragraph 1, 10 °, the words "the law of April 6, 2010 on the market practices and consumer protection" shall be replaced by the words "article VI.9 of economic law";
3 ° in the paragraph

3, the words "5 of Act of 9 February 1994 on the safety of consumers" are replaced by the words "Economic Law Code IX.5".
S. 13. in the same Act, it is inserted a chapter IIIbis: "chapter IIIbis. Special provisions relating to fluorinated greenhouse gases".
S. 14. in chapter IIIbis inserted by article 13, it is inserted an article 7bis as follows: "article 7bis. in cases defined by articles 11, paragraph 3, and 15, paragraph 4, of the Regulation (EU) No. 517/2014 of the European Parliament and of the Council of April 16, 2014, on the fluorinated greenhouse gases and repealing Regulation (EC) No 842/2006, the Minister having environment in his or her attributions may submit to the European Commission a reasoned request for an exemption in accordance with the conditions laid down in those articles. "."
S.
15. in article 9, paragraph 1, 1 °, amended by the law of March 28, 2003, the words ", from running tests and analyses", shall be inserted between the words "conservation" and the words "and use".
S. 16. in article 16, § 1, paragraph 3, of the Act, inserted by the law of March 28, 2003 and amended by the Act of 15 may 2014, the words "market" shall be inserted between the words "Indent" and the words"restitution".
S. 17. in article 16bis of the Act, inserted by the Act of April 25, 2014 and amended by the law of May 15, 2014, the words "sample, test, evaluation," shall be inserted between the words "costs" and the words "analysis".
S.
18A section 17 of the Act, as amended by the Act of 15 may 2014, the following changes are made: 1 ° in the paragraph 1, paragraph 1, 1 ° is replaced by the following: "1 ° that violates the requirements laid down by or in application of articles 5, 7, 8 and 9 of this Act" When they are applicable to articles or substances or dangerous mixtures, with the exception of article 5, § 1, paragraph 1, 11 °; ";
2 ° in the paragraph 1, paragraph 1, 2 ° is repealed;
3 ° in the paragraph 1, paragraph 1, 9 ° is replaced by the following: "9 ° that violates 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 the Regulation (EU) No. 517/2014 European Parliament and of the Council of 16 April 2014 on the fluorinated greenhouse and repealing Regulation (EC) No 842/2006;";
4 ° in paragraph 2, 1 is replaced by the following: "1 ° that violates the requirements laid down by or in application of articles 5, 7, 8 and 9 of this Act, as they apply to substances or mixtures falling under paragraph 1, paragraph 1, 1 °, or one that violates the requirements laid down by or pursuant to article 5 , § 1, paragraph 1, 11 °, and section 20 of this Act; ";
5 ° in paragraph 2, the 3rd is repealed;
6 ° in the paragraph 2, 5 ° is replaced by the following: "5 ° that violates 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;";
in paragraph 2, 7 ° 7 ° is replaced by the following: "7 ° who violated sections 12 and 19 of the Regulation (EU) No. 517/2014 European Parliament and of the Council of 16 April 2014 on the greenhouse gases fluorinated and repealing Regulation (EC) No 842/2006;";
8 ° in paragraph 2bis, first sentence, the words "this Act" are inserted between the words "infringed article 20bis" and the words "or article 57";
9 ° in paragraph 2A, second sentence, the words "this Act" are inserted between the words "pursuant to article 20bis" and the words "or article 57".
S. 19. in article 17A, paragraph 1, of the same Act, inserted by the law of March 28, 2003 and amended by laws of September 10, 2009 and April 25, 2014, the first sentence "when an offence under this Act or to one of its orders of execution were noted, the staff or contractor designated members, in accordance with articles 15 ", 15quater and 15 d, give a warning to the offender and sommer to put an end to this offence." shall be replaced by the sentence: "When an offence under this Act or to one of its orders of execution were noted, statutory or contractual staff members designated in accordance with articles 15, 15quater and 15 d, may give a warning to the offender and sommer to put an end to this offence.".
S. 20. in article 18 of the same Act, as last amended by the Act of 15 may 2014, paragraph 7 is replaced by the following: "§ § 7 7" If the person concerned remains in default of paying the fine referred to in paragraph 4 within the period prescribed, the folder is sent to the Prosecutor. King's Attorney has a period of three months from the day of receipt of the file to decide whether or not to prosecute criminally and to notify its decision to the official appointed by the King. Criminal proceedings exclude the application of an administrative penalty, even if an acquittal the fence.
In the case where the Prosecutor waives criminal prosecution or fails to notify its decision within the time limit, the employee may pursue payment of the fine before the competent court.
The provisions of the Judicial Code, including the fourth part, book II and book III shall apply. "."
S.
21 A in annex I of the Act, as amended by the Act of 15 may 2014, the following changes are made: 1 ° the sentence 'Regulations of the European Community which shall apply the sanctions provided for in articles 17 and 18 of this Act.' shall be replaced by the sentence: "Regulations of the European Union to which apply the penalties provided for in articles 17 and 18 of this Act.";
2 ° the words "Regulation (EC) No 842/2006 of the European Parliament and of the Council of 17 May 2006 on certain fluorinated greenhouse gases ' are replaced by the words" Regulation (EU) No. 517/2014 European Parliament and of the Council of 16 April 2014 on the fluorinated greenhouse and repealing Regulation (EC) No. 842/2006 ".
S. 22. in annex VII of the same Act, inserted by the law of December 29, 2010 and as amended by the Act of April 25, 2014, the following changes are made: a) 1 is replaced by the following: "1 ° royal decree of May 8, 2014 for the making available on the market and use of products biocides;";
(b) 6 ° is replaced by the following: "6 ° Regulation (EU) No. 517/2014 European Parliament and of the Council of 16 April 2014 on the fluorinated greenhouse and repealing Regulation (EC) No 842/2006;";
(c) of 11 ° shall be replaced by the following: "11 ° royal decree of March 17, 2013, limiting the use of certain hazardous substances in electrical and electronic equipment;".
Section 9. -Amendments to the law of July 12, 1973, on the conservation of nature art.
23. in the law of July 12, 1973, on the conservation of nature, article 5, which was replaced by the law of July 12, 2012, including the current text will form the 1st paragraph, is supplemented by a paragraph 2 as follows: "§ § 2 2" Fixed King, by Decree deliberated in the Council of Ministers, the procedure and the conditions to allow, suspend or revoke an import permit, export or transit of invasive alien species of concern for the Union in accordance with article 8 of Regulation (EU) No. 1143/2014 of the European Parliament and of the Council of 22 October 2014 concerning prevention and management of the introduction and spread of invasive alien species to temporarily or permanently. "."
S. 24. article 44, § 1, of the Act, replaced by the law of May 15, 2014, is replaced by the following: "§ 1."
Is punished by imprisonment from six months to five years and a fine of 26 euros to 50,000 euros, or one of those penalties only, one who violates: 1 ° the provisions on import, export and transit of plant species non-native as well as animal species non-indigenous and their spoils, including the provisions on invasive alien species on your concern for the Union taken in pursuance of article 5, § 2;
2 ° the provisions relating to the establishment of a national list of species of special concern for Belgium, including restrictions that apply to these species, taken pursuant to article 12 of the Regulation (EU) No. 1143/2014 of the European Parliament and of the Council of 22 October 2014 concerning prevention and management of the introduction and spread of invasive alien species insofar as they concern an 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 prevention and management of the introduction and spread of invasive alien species, insofar as they relate to an import , export or transit; or 4 ° a decision of the European Commission which deals with the execution of the provisions referred to 3 °, insofar as it concerns an import, export or a transit. "."
S. 25. in article 44A of the Act, inserted by the law of July 12, 2012, paragraph 1 is replaced by the following: "§"

1. subject either criminal prosecution or an administrative fine, infringements of the provisions referred to in article 44, § 1, paragraph 1, 1 ° to 4 °. ".
S. 26. in article 45 of the same Act, inserted by the law of May 15, 2014, paragraph 1 is replaced by the following: "§ 1." Without prejudice to the law of 28 July 1981 approving the Convention on the international trade of species of flora and fauna threatened with extinction wild, 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, officers cited in article 47 are relevant for the imposition of an administrative seizure on specimens of animal species or plant non natives who are the subject of an offence the provisions referred to in article 44, § 1, paragraph 1, 1 ° to 4 °. ".
S. 27. article 47, paragraph 1, of the Act be replaced by the law of July 12, 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 staff statutory or contractual of the FPS public health, food chain safety and environment designated for this purpose by the King seek and find the infringements referred to in article 44" , § 1, paragraph 1, 1 ° to 4 °. ".
S. 28. section 9 comes into force January 1, 2016.
Section 10. -Amendments to the Act of 28 July 1981 approving the Convention on the international trade of species of flora and fauna wild endangered, and Annexes made in Washington on 3 March 1973, as well as the amendment to the Convention adopted in Bonn on June 22, 1979, s. 29A article 5bis of the Act of 28 July 1981 approving the Convention on the international trade of species of flora and fauna wildlife threatened with extinction, and 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 the law of 23 December 2003 and amended by the Act of 27 December 2012 (, the following changes are made: has) 1st paragraph is replaced by the following: "in the event of breach of the provisions of this Act or orders made pursuant to or of Regulation (EC) No 338/97 of the Council of 9 December 1996 on the protection of wild species of fauna and flora by regulating trade and the provisions adopted by the Commission for the implementation of this regulation" the official designated for this purpose by the King within the Service Public Federal public health, food chain safety and environment, may establish an administrative fine after I put the person concerned able to present its means of defence: 1 ° where the King's Prosecutor waives criminal prosecution or fails to notify its decision within the period provided for in article 7 , § 3, 2° ;
2 ° at the request of the Prosecutor in the case that it renounces to sue in the event of infringements by officers referred to in article 7, § 1, 1 ° and 2 °. ";
(b) paragraph 7 is replaced by the following: "in addition, the following charges shall be charged to the offender to: 1 ° accommodation and expenses veterinarians, after entering described in article 6, § 2, until the date of definitive attribution;"
2 ° costs related to the implementation of the administrative measures described in article 6, § 3;
3 ° the costs incurred in pursuance of article 6, § 4;
4 ° the costs incurred in performing investigations described in article 7.
These expenses may be claimed at the same time as those collected in the form of administrative fines.
If the person concerned remains in default to pay the fine or reimburse expenses incurred within the fixed period the employee may recover the amount before the competent court. The provisions of the Judicial Code, including the fourth part, book II and book III shall apply. "."
S. 30. article 7 of the Act, as last amended by the Act of February 7, 2014, is replaced by the following: "§ 1. Without prejudice to the powers of judicial police officers, offences under this Act, in its orders of execution and Regulation (EC) No 338/97 of the Council of 9 December 1996 on the protection of wild species of fauna and flora by regulating trade and the provisions adopted by the Commission for the implementation of this regulation are sought and found by : 1 ° the Customs officers;
2 ° the members of the Federal and local police.
3 ° inspectors CITES statutory and contractual federal public service health, food chain safety and environment;
4 ° to other members of the staff of the federal public Service health, food chain safety and environment designated by the King;
5 ° members of the staff or contractor of the Federal Agency for the safety of the food chain responsible checks provided that these checks are on the sites referred to in article 4, § 3, 2 °, of the law of February 4, 2000 on the establishment of the Federal Agency for the safety of the food chain and are aimed at public health animal health or the health of the plants.
Those those who would point took the oath prescribed by the Decree of July 20, 1831, will lend to the Justice of the peace.
§ 2. The persons mentioned in paragraph 1 have, in the exercise of their functions, free access to factories, stores, depots, offices, transportation, business and buildings of livestock, crops, yelled, markets, mines, cooling installations, warehouses, railway stations and farms in the open air.
The visit of premises serving as housing is permitted at any time, subject to prior written authorization of the occupier, or between 5 a.m. and 9 hours of the evening, and only with the authorization of the judge of the tribunal de police. This permission is also required for the visit of the premises that are not accessible to the public outside such hours.
All persons, among other holders, breeders, traders and organisers of events, take all necessary measures to facilitate the control, including the capture of specimens in a cage or aviary.
The persons mentioned in paragraph 1 can be communicate all information and documents necessary for the performance of their duties and carry out all useful findings, inter alia through the hearing of the person concerned and any other useful hearing. This can be done with the possible collaboration of experts appointed on a list drawn up by the King.
The persons mentioned in paragraph 1 are allowed to take samples and to examine in a laboratory for the purposes of determining: 1 ° the identity of the specimen;
2 ° If a specimen kept in captivity is actually farming.
§ 3. When an offence under this Act or to one of its orders of execution or to Regulation (EC) No 338/97 of the Council of 9 December 1996 on the protection of wild species of fauna and flora by regulating trade and the provisions adopted by the Commission for the implementation of this Regulation shall be recorded by the persons mentioned in paragraph 1 3 °, 4 ° and 5 °, a warning ticket can be established. It is sent to the offender turning it home to put an end to the infringement.
The warning is sent to the offender within fifteen days of the finding of the infringement, in the form of a copy of the minutes of finding of infringement.
The warning mentions: has) the imputed facts and the provisions violated;
b) the period within which it must there be terminated;
c) that in the event that it is not given within the following warning, a notice of determination of the offence will be established.
§ 4. When an offence under this Act or to one of its orders of execution or to Regulation (EC) No 338/97 of the Council of 9 December 1996 on the protection of wild species of fauna and flora by regulating trade and the provisions adopted by the Commission for the implementation of this Regulation shall be recorded by the persons mentioned in paragraph 1 3 °, 4 ° and 5 °, a record of finding the infringement and/or seizure can be established. These are prima facie evidence to the contrary. A copy of the minutes is sent to offenders within fifteen days of the date of the determination of the offence.
The minutes passed in the month, to the Prosecutor of the King, as well as a copy of an official designated in accordance with article 5bis.
The Prosecutor decides whether or not it proceeds to criminal prosecution.
Criminal proceedings exclude the application of an administrative penalty, even if an acquittal the fence.
King's Attorney has a period of three months from the date of receipt of the minutes to notify its decision to the designated officer pursuant to article 5bis. "."
CHAPTER 3. -Federal Agency for the safety of the food chain Section 1 - amendments to the royal decree of November 10, 2005 fixing the contributions referred to in article 4 of the Act of 9 December 2004 on the financing of the Federal Agency for the safety of the food chain art. 31. in article 1, 10 °, of the royal decree of 10 November 2005 setting the contributions referred to in article 4 of the Act of 9 December 2004 on the financing of the Federal Agency for the safety of the food chain, confirmed by the law of July 20, 2006,

the words ", the detention" shall be inserted between the words "livestock" and the words "and culture".
S.
32. in article 1bis, 3 °, of the arrested, inserted and confirmed by the law of July 20, 2006 and amended by laws of December 22, 2008 and March 29, 2012, c. is restored in the following wording: "c. to solipeds: these solipeds must be kept or bred to purposes other than the production of milk, embryos or semen; '.
Section 2. -Amendments to the law of 9 December 2004 on the financing of the Federal Agency for the safety of the food chain art. 33. in article 10, paragraph 1, of 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".
S. 34. in article 11, § 3, of the Act, the words "and payments" shall be inserted between the words "the amount of contributions" and the wording "established Office".
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels on 16 December 2015.
PHILIPPE by the King: the Minister for the economy and consumers, K. PEETERS the Minister of public health, Ms. M. BLOCK the Minister of Agriculture, W. BORSUS the Minister of the environment, Ms. M. v. MARGHEM sealed with the seal of the State: the Minister of Justice, K. GARG _ Note (1) House of representatives (www.lachambre.be) Documents: 54 1471 Compte rendu intégral : 10 December 2015.