Posted the: 2014-07-30 Numac: 2014022417 PUBLIC SERVICE FEDERAL public health, food chain safety and environment may 15, 2014. -Law on various provisions on the environment PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -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 2. in the introductory sentence of article 2 of the law of 21 December 1998 on product standards aimed at promoting sustainable patterns of production and consumption and the protection of the environment, and health workers, the words "means by" are replaced by the words "and its orders of execution, is meant by '.
S. 3. in article 15, § 2, 3 °, of the same Act, amended by the law of March 28, 2003 the words "either take a copy, or" shall be inserted between the words "and that they can," and the words "against acknowledgement of receipt.
S. 4 A article 16, § 1 of the act as last amended by the Act of July 27, 2011, the following changes are made: 1 ° in paragraph 1, the words temporarily 'acknowledgement of receipt' shall be replaced by the words "or put under seal temporarily against accused of receiving or sealing";
2 ° paragraph 2 is replaced by the following: 'these statutory or contractual staff members may grab, put under seal, or require the withdrawal from the market of products that do not comply with the orders made pursuant to this Act, the enforcement measures taken under Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of requirements for ecodesign related products energy, or the regulations of the European Union annexed to Ire. »;
3 ° in the paragraph 3 of the same law, 'the placing under seal, the withdrawal' is inserted between the words "administrative arrest", and the words "rendition".
S. 5. in article 16bis of the Act, inserted by the Act of April 25, 2014, the words ' sealing, entry, refund, ' shall be inserted between the words "of the costs of analysis", and the words "storage".
S. 6 A section 17 of the Act, as amended by the law of July 27, 2011, the following changes are made to establish criminal penalties for infringements of the provisions of Regulation (EC) No. 649/2012 of the European Parliament and of the Council of July 4, 2012 concerning the export and import of dangerous chemicals, insofar as these provisions fall within federal jurisdiction over product standards , as referred to in article 6, § 1, II, paragraph 2, 1 °, of the Special Act of 8 August 1980 institutional reforms: 1 ° the § 1, paragraph 1, is complemented by ° 17, as follows: ' 17 ° that violates articles 8, § 2, 14, § 4, 14, §§ 6 or 10, 15, §§ 1 or 2, 17, § 1, 19, §§ 1 or 2 of the Regulation (EU) No. 649/2012 of the European Parliament and of the Council of 4 July 2012 concerning the export and import. of hazardous chemicals. » 2 ° § 2 is complemented by 13 °, as follows: 13 ° that violates articles 8, §§ 4 or 7, 10, §§ 1 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 export and import of dangerous chemicals. » Art.
7. in article 18 § 4A, of the same Act, inserted by the Act of September 10, 2009, paragraph (3) is repealed.
S. 8. in annex Ire of the Act, as amended by the laws of the March 28, 2003, December 27, 2004, July 20, 2005, March 1, 2007, 11 May 2007, September 10, 2009 and July 27, 2011, ' the Regulation (EC) no 689/2008 of the European Parliament and of the Council of 17 June 2008 concerning the export and import of dangerous chemicals ' shall be replaced by the words "Regulation (EU) No. 649/2012 of the European Parliament and of the Council of 4.
July 2012 concerning the export and import of dangerous chemicals.
CHAPTER 3. -Amendments to the law of July 12, 1973, on the conservation of nature art. 9. in article 44 of the law of July 12, 1973, on the conservation of nature, amended by the law of July 12, 2012, the § 1 is replaced as follows: "§ 1.»
Is punishable by a prison term 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 the provisions on import, export and transit of non-native plant species as well as non-native animal species and their bodies taken in pursuance of article 5. » Art. 10. in the same Act, it is inserted an article 45bis, worded as follows: «art.» 45bis. § 1. Without prejudice to the law of 28 July 1981 approving the Convention on the international trade of species of flora and fauna endangered wild, and schedules, 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 infringements referred to in article 5 for the imposition of an administrative seizure on specimens of non-native species which are the object of the offence.
§ 2. The seized specimens are handled by the FPS public health, food chain safety and environment.
It sends them, if necessary, to a rescue centre or other appropriate location.
3. The SPF public health, safety of the food chain and environment is competent to take administrative measures concerning the specimens seized. These measures may be among others: 1 ° the assignment of the property to the person or entity;
2 ° an order to slaughter;
3 ° an order of destruction;
4 ° the auction;
5 ° a combination of measures, referred to in 1 °, 2 °, 3 ° and 4 °.
These administrative measures are documented in writing. This written certificate may consist of the notification of laying order administrative measures or the notification of the minutes. The FPS public health, food chain safety and environment keeps the right at any time to lift the administrative measures.
This skill does not prejudice the jurisdiction laid down in article 44A.
§ 4. Upon conviction, the tribunal pronounced the confiscation of specimens that were not destroyed and puts responsibility of the convicted person the costs which would have been made, as well as the cost of expertise, backup center transportation, slaughter, destruction and those of custody until the date of the judgment. ».
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given to Brussels, April 2, 2014.
PHILIPPE by the King: Deputy Prime Minister and Minister of the Interior and of equality of opportunity, Ms. J. MILQUET. the Secretary of State environmental, energy and mobility, M. WATHELET Scellé of the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note No. 14/272: room: 23/04/2014 - Senate: 2014-04-24. Miscellaneous Provisions Act on the environment (doc.) C. 3518; S-5-2889)