Miscellaneous Provisions Act On The Environment

Original Language Title: Loi portant des dispositions diverses en matière d'environnement

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belgiquelex.be - Carrefour Bank of Legislation

15 MAI 2014. - Act on various environmental provisions



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - General provision
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - 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. 2. In the opening sentence of Article 2 of the Act of 21 December 1998 on the standards of products intended for the promotion of sustainable production and consumption patterns and the protection of the environment, health and workers, the words "we mean by" are replaced by the words "and its enforcement orders, we mean by".
Art. 3. In Article 15, § 2, 3°, of the same law, as amended by the Act of 28 March 2003, the words "take a copy of it, or" are inserted between the words "and they may," and the words "against receipt".
Art. 4. Article 16, § 1er the same law as last amended by the Act of 27 July 2011, the following amendments are made:
1° in paragraph 1er, the words "temporarily against acknowledgement of receipt" are replaced by the words "or temporarily seal against acknowledgement of receipt or sealing";
2° Paragraph 2 is replaced by the following:
"These members of the statutory or contractual personnel may seize, seal, or require the withdrawal of the market of products that are not in accordance with the orders made pursuant to this Act, the enforcement measures taken under the Directive 2009/125/EC of the European Parliament and the Council of 21 October 2009 establishing a framework for the setting of eco-design requirements for energy-related products, or the regulations of the European Annex Ire.
3° in paragraph 3 of the Act, the words "sealing, withdrawal" are inserted between the words "administrative seizure" and the words "return".
Art. 5. In article 16bis, of the same law, inserted by the law of April 25, 2014, the words "sealing, seizing, restitution" are inserted between the words "analysis fees" and the words "storage".
Art. 6. In article 17 of the Act, last amended by the Act of 27 July 2011, the following amendments are made to establish criminal sanctions for the offences of the provisions of Regulation (EC) No. 649/2012 of the European Parliament and of the Council of 4 July 2012 concerning the export and import of dangerous chemicals, provided that these provisions fall within the federal competence with regard to product standards, as referred to in Article 6, § 1er, II, paragraph 2, 1°, of the special law of 8 August 1980 of institutional reforms:
1° § 1erParagraph 1er, is supplemented by the 17°, as follows:
« 17° he who contravenes articles 8, § 2, 14, § 4, 14, §§ 6 or 10, 15, §§ 1er or 2, 17, § 1er, 19, §§ 1er or 2 of Regulation (EU) No. 649/2012 of the European Parliament and Council of 4 July 2012 concerning the export and import of dangerous chemicals. »
2° § 2 is supplemented by the 13°, written as follows:
13° he who contravenes articles 8, §§ 4 or 7, 10, §§ 1er or 2, 11, § 4, 14, § 11, 16, § 2, 17, §§ 2, 3 or 4, of Regulation (EU) No 649/2012 of the European Parliament and of the Council of 4 July 2012 concerning the exports and imports of dangerous chemicals. »
Art. 7. In section 18, § 4bis, of the same law, inserted by the law of 10 September 2009, paragraph 3 is repealed.
Art. 8. In Appendix Ire Acts amended by Acts of 28 March 2003, 27 December 2004, 20 July 2005, 1er March 2007, 11 May 2007, 10 September 2009 and 27 July 2011, the words "Regulation (EC) No. 689/2008 of the European Parliament and the Council of 17 June 2008 concerning the export and import of dangerous chemicals" are replaced by the words "Regulation (EU) No. 649/2012 of the European Parliament and the Council of 4 July 2012 concerning the export and import of dangerous chemicals".
CHAPTER 3. - Amendments to the Nature Conservation Act of 12 July 1973
Art. 9. In Article 44 of the Law of 12 July 1973 on the Conservation of Nature, amended by the Law of 12 July 2012, § 1er is replaced as follows:
« § 1er. It 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, that which violates the import, export and transit provisions of non-native plant species as well as non-native animal species and their remains taken pursuant to Article 5. »
Art. 10. In the same law, an article 45bis is inserted, as follows:
"Art. 45bis. § 1er. Without prejudice 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, the agents referred to in section 47 are competent in the event of an offence under section 5 for the imposition of an administrative seizure on specimens
§ 2. The seized specimens are entrusted to the Public Health SPF, Food Chain Safety and Environment. It sends them, if necessary, to a backup center or to any other appropriate place.
§ 3. The Public Health SPS, Food Chain Safety and Environment is competent to take administrative action on the specimens seized. These measures may include:
1 the allocation of the entire property to the appropriate natural or legal person;
2° a slaughter order;
3° an order of destruction;
4° public sale;
5° a combination of measurements, referred to in 1°, 2°, 3° and 4°.
These administrative measures are documented in writing. This written certificate may consist of notification of the order bearing administrative measures or notification of the record. The Public Health SPS, Food Chain Safety and Environment retains the right at any time to lift administrative measures.
This jurisdiction does not prejudice the competence established in article 44bis.
§ 4. In the event of a conviction, the court shall declare the confiscation of specimens that have not been destroyed and shall charge the convict with the costs that would have been incurred, as well as the costs of expertise, of transport to the centres of safeguard, slaughter, destruction and those of custody until the date of the judgment. "
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 2 April 2014.
PHILIPPE
By the King:
Deputy Prime Minister and Minister of the Interior and Equal Opportunities,
Ms. J. MILQUET
The Secretary of State for Environment, Energy and Mobility,
Mr. WATHELET
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
N° 14/272 : Chamber : 23/04/2014 - Senate : 24/04/2014. An Act respecting a variety of environmental provisions (doc. Ch. 3518; S-5-2889)