Posted the: 2015-08-31 Numac: 2015000398 SERVICE PUBLIC FÉDÉRAL inside 10 August 2015. -Act to amend the Act of 19 July 1991 on the registers of the population, identification cards, cards of alien and the residence documents and amending the Act of 8 August 1983 organising a national register of natural persons (1) PHILIPPE, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 74 of the Constitution.
2. article 6 of the law of 19 July 1991 on the registers of the population, identification cards, cards of alien and the residence documents and amending the Act of 8 August 1983 organising a national register of natural persons, as last amended by the Act of May 22, 2014, is supplemented by a paragraph as follows 10 :
« § 10. The coordinating body for analysis of the threat, hereinafter referred to as the OCAM, communicates initiative a reasoned opinion to the Minister who is in charge inside the OCAM considers it desirable that the issuance of a Belgian identity card is refused or whether this card is withdrawn or invalidated, when there is evidence based and very serious that this person wishes to go to a territory where of terrorist groups , as defined in article 139 of the penal Code, are active in conditions such that it may present on his return to Belgium a threat of such terrorist offence as defined in article 137 of the Criminal Code or this person wishes to commit outside the national territory of terrorist offences as defined in article 137 of the Criminal Code. This reasoned opinion is made after consultation with the federal prosecution or the competent prosecutor on whether if the refusal, withdrawal or invalidation of identity cards can compromise the exercise of criminal procedure. If this is the case, the point of view of the public prosecutor is expressly stated in this notice.
The issuance of the identity card may be refused or may be withdrawn or invalidated to Belgian citizens referred to in paragraph 1 by the Minister which has the Interior in charge on the basis of a reasoned opinion of the OCAM referred to in paragraph 1.
This decision of the Minister is valid for a maximum of 25 days. The person concerned shall be informed by the Minister or his delegate within two working days of the decision, by registered mail, and can transmit his remarks in writing within five days of notification. At the end of this period, the Minister confirms, withdraw or amend as necessary its decision within five working days. Minister confirms, withdraws, or also modifies its decision if the person concerned has failed to pass his written remarks. The Minister or his delegate shall also inform the person concerned of the decision by sending recommended within two working days. When the Minister does not confirm its decision, does not withdraw, or does not within twenty-five days, the decision is repealed. The decision is also repealed when the person concerned has not informed within the period prescribed for that purpose.
In the case referred to in paragraph 2, a certificate is issued when the refusal, withdrawal or invalidation, as appropriate, in lieu of the identity card. The King determines, by Decree deliberated in the Council of Ministers, the model of this certification as well as the issuing authority and the procedure to be followed in this matter. This certificate is only valid on Belgian territory.
When the OCAM informs the Minister that the indications referred to in paragraph 1, no longer exist, the Minister shall, within five working days, a decision raising the refusal to issue identity cards, withdrawal or invalidation thereof.
The Minister or his delegate shall inform the person concerned by registered delivery within two working days of the decision.
The maximum period of issuance, withdrawal or invalidation refusal referred to in paragraph 2 is three months including the initial twenty-five day period referred to in paragraph 3. This maximum period of three months may be extended only once by the Minister for a maximum period of three months after notice of the OCAM, reasons. ».
S. 3. the King fixed by Decree deliberated in the Council of Ministers, the date of entry into force of this Act.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Poitiers, on August 10, 2015.
PHILIPPE by the King: the Minister of security and the Interior, J. ham sealed with the seal of the State: the Minister of Justice, K. GARG _ Note (1) House of representatives (www.lachambre.be): Documents: 54-1170.
Full record: 16 July 2015 (evening).