Act Relating To The Charter And The Formation Of Prices In Inland Navigation, Materials Referred To Article 78 Of The Constitution

Original Language Title: Loi relative à l'affrètement et la formation des prix dans la navigation intérieure, concernant des matières visées à l'article 78 de la Constitution

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Posted the: 2014-08-12 Numac: 2014014358 FEDERAL PUBLIC SERVICE mobility and transport 3 June 2014. -Act on the Charter and the formation of prices in the inland, materials referred to article 78 of the Constitution PHILIPPE, King of the Belgians, to all, present and future, hi.
Rooms have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
It transposes Directive 96/75/EC of the Council of 19 November 1996 on the modalities of chartering and pricing in the field of the national and international transport of goods by inland waterway in the community.
S. 2. for the purposes of this Act and its orders of execution, is meant by: 1 ° boat: a building that is mainly used or intended to be used for navigation on inland waterways for the carriage or storage of goods, towing, or the included pushing.
2 ° Prize: the compensation due for the use of the vessel for the carriage or storage of goods for the duration of that use.
3 ° carrier: an owner or an operator of one or more vessels;
4 ° predatory price: a price that, taking into account the requirements of the boat, is insufficient for the carrier to cover all costs related directly or indirectly to the operation of the vessel.
5 ° Charter: any contract that has for object the use of one or more vessels; for the transport or storage of goods on behalf of third parties
6 ° transport for own account: the transport of goods performed by a company to ensure its needs when: has) the company is owner of the vessel or exclusive available;
(b) the vessel is armed with staff of the company;
(c) the transport is only an ancillary activity for the undertaking;
(d) the goods carried belong to the company or are bought, sold, produced or manufactured by it in its main activity.
3. the provisions of this Act do not apply: 1 ° to sea-going vessels;
2 ° to the towing or pushing of seagoing ships;
3 ° to vessels intended or used for professional transport of goods, the length of which is less than 20 metres.
S. 4. in the field of the national and international transport of goods by inland waterway, charters are freely concluded between the parties concerned and prices freely negotiated and the own-account transport is freely done.
S. 5 § 1. Without prejudice to article 4, it is prohibited to use or to use a boat for transport or storage of goods at an improperly low price, or his speech directly or indirectly cooperate.
It is also forbidden to use or to use a boat for transport or storage of goods without it is insured against all risks of navigation and it meets all legal requirements.
2. Every person who contravenes the ban introduced by the § 1, first paragraph of the present article, shall the payment of costs due and remaining unpaid resulting from legal and regulatory nature social and fiscal obligations.
S. 6 § 1.
It is hereby established a Committee with the administration which has inland in charge, under the name "Commission inland navigation".
The inland waterways Commission performs the following functions: 1 ° at the request of the Minister who has the inland in charge or of an interested party give a reasoned opinion or consult on questions relating to the inland waterway sector;
2 ° play a role of mediator in the event of disputes in a Charter at the request of the parties involved;
3 ° fixing of cost indicators that can serve as aid for the purposes of section 5 of this Act.
§ 2. The King determines the composition and operation of the inland waterways Commission in a decree deliberated in the Council of Ministers.
S. 7. in order to estimate the development of the inland navigation fleet capacity, the carrier which is established in Belgium or which has its registered office shall inform the inland waterway Fund, established in pursuance of Regulation (EC) No 718/1999 of the Council of 19 March 1999 on a Community fleet capacity policy in inland navigation to promote the transport by inland waterway of its intention to operate a vessel newly built or imported. It should make this statement at least 6 months prior to the actual commissioning of the boat.
The King determines the terms and conditions of this statement.
8 § 1. Infringements of the provisions of this Act and its implementing orders shall be punished by a prison term of six months to three years and fined six hundred to fifteen thousand euros euro, or one of those penalties only.
The provisions of book 1 of the penal Code, including Chapter VII and article 85, shall apply to these offences.
2. Without prejudice to article 56 of the penal Code, the penalty may, in the event of a subsequent offence within two years from the conviction, be doubled compared to the sentence previously the head of the same offence.
§ 3. The police courts know breaches the provisions of this Act and orders made pursuant to this Act.
S. 9 § 1. By derogation from article 43, first paragraph of the penal Code, the judge may impose a temporary ban from using the boat for transport or storage of goods on the Belgian inland waterways. The ban may not exceed two years and may not be less than one month.
§ 2. The ban starts counting the day where contradictory or default conviction has become final.
§ 3. Each offence at the disposal of the judgment or the judgment imposing a ban in application of § 1, shall be punished by a fine of 100 to 1,000 euros.
Furthermore, in the event of failure to comply with the prohibition established under this section, competent officers under section 10 of this Act are entitled to temporarily immobilize the ship concerned at the cost and risk of the owner, for a period equal to that during which the ban was not enforced.
S. 10 § 1. The King refers to the categories of officials in charge of search and found violations of the provisions of this Act and orders made under this Act.
§ 2. The King may give the quality officer of judicial police agents, individually designated for this purpose, which belong to one of the categories mentioned in the § 1.
§ 3. Officials find violations in the minutes authentic until evidence to the contrary. A copy of the minutes is addressed to the offender within fifteen working days following the finding of the infringement.
4. Qualified officials have access to the premises, land, and buildings. They have the right to consult the books and business records of enterprises subject to the provisions of this Act and its implementation orders.
However, they cannot penetrate into living quarters, if they are clothed in the quality of judicial police officer and if they have obtained the consent of the judge of the tribunal de police; the visits to living quarters must be carried out between eight and eighteen hours, jointly by at least two officers.
They can check these books and business records, take copies or extracts on-site and require all explanations thereon.
S. 11. this Act comes into force ten days after its publication in the Moniteur belge, with the exception of article 6, which comes into force on a date to be fixed by the King.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given to Brussels, June 3, 2014.
PHILIPPE by the King: the Minister of the economy, J. VANDE LANOTTE the Minister of the Interior, Ms. J. MILQUET. the Minister of Justice, Ms. A. TURTELBOOM. the Secretary of State for mobility, M. WATHELET Scellé of the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note House of representatives: ( Documents: complete record 53-3553: 23 April Senate ( Documents : 5-2885 annals of the Senate: April 24, 2014