belgiquelex.be - Carrefour Bank of Legislation

24 AVRIL 2014. - An Act to amend the Act of 30 July 1926 establishing a Marine Investigation Board (1)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. In the Act of 30 July 1926 establishing a Marine Investigation Board, an article 1/1 is inserted as follows:
"Art. 1/1. This Act partially transposes Directive 2008/106/EC of the European Parliament and Council of 19 November 2008 on the minimum level of formation of seafarers (refonte). "
Art. 3. In section 3 of the Act, the following amendments are made:
1° in paragraph 1^er the word "Tuchtstrafmaatregelen" is replaced by the word "Tuchtstraffen";
2° the article is supplemented by two paragraphs, written as follows:
"The council may impose a fine of not less than 100 euros and not more than 12,500 euros, paid to the treasury.
The fine can be pronounced in addition to another disciplinary penalty. "
Art. 4. Section 4 of the Act is supplemented by a paragraph written as follows:
"The board may cancel the Belgian suitability patents of the people who obtained them fraudulently. "
Art. 5. Section 12 of the Act is replaced by the following:
“Art. 12. The Board of Inquiry is composed of a President, a Vice-President and ten assessors. It meets validly when three members are present: the president or vice-president and two assessors. It can be divided into rooms.
The Board of Inquiry shall decide by a majority of the votes of the members present. In the event of a parity of voice, the President's voice is preponderant. "
Art. 6. In section 13 of the Act, as amended by the Acts of 30 December 1933 and 6 August 1993, the following amendments are made:
1st paragraph 1^er is replaced by the following:
"The President and Vice-President shall be appointed by the King on the proposal of the Minister of Maritime Mobility for a period of 6 years, renewable. »;
2° in paragraph 2, the words "completing the conditions for the president by section 69, paragraph 2, of the Act of 18 June 1869 and the Vice-Presidents by section 17, paragraph 1^er, of the same law" are replaced by the words "completing the conditions laid down in Article 207, § 3, of the Judicial Code";
3° the last paragraph is repealed.
Art. 7. In section 14 of the Act, as amended by the Act of 6 August 1993, the following amendments are made:
1st paragraph 1^er is replaced by the following:
"The assessors are appointed by the King for a term of six years, renewable. »;
2° in the third paragraph, the sentence "Amongst these assessors, at least four must bear the Belgian master's patent in the course or in the cabotage, at least four of the Belgian patent or license of mechanic or machinist, at least two of the Belgian patent of patron-fisher. is replaced by the following:
"Amongst these assessors, at least two must be holders of the Belgian master's suitability patent, at least two of the Belgian mechanic's or motorist's suitability patent, and at least two of the Belgian patent of unlimited water patron. "
Art. 8. In section 15 of the Act, as amended by the Act of 6 August 1993, the following amendments were made:
1° in paragraph 1^er, the words "one or more deputy clerks, in number fixed by royal decree" are replaced by "an assistant clerk";
2° in paragraph 2, the first two sentences "The Clerk and the Deputy Clerks are appointed and revoked by the King. They are selected from a list of three candidates nominated by the Chair of the Board. are replaced by the following:
"The Clerk and the Deputy Clerk shall be appointed for a period of six years renewable and revoked by the King. "
Art. 9. In section 16 of the Act, as amended by the Acts of 30 December 1933 and 6 August 1993, the following amendments are made:
1° in paragraph 1^er, the words "and deputy commissioners in number fixed by Royal Decree" are replaced by "and an Assistant Commissioner";
2° in paragraph 2, the sentence "They are appointed and revoked by the King. is replaced by the following:
"The Commissioner and the Deputy Commissioner are appointed for a period of six years renewable and revoked by the King. "
3° in paragraph 3, the word " Doctor" is replaced by the word "master";
4° in paragraph 4, the words "Deputy Commissioners of the State" are replaced by the words "Deputy Commissioner of the State";
5° between subparagraphs 4 and 5, a paragraph is inserted as follows:
"The State Commissioner considers the appropriateness of disciplinary proceedings. He indicates the reason for the classification without any action he takes. This paragraph is not applicable to the procedures established pursuant to Article 9. "
Art. 10. In section 17 of the Act, the words ", including those of the colony" are deleted.
Art. 11. In section 18 of the Act, the following amendments are made:
1st paragraph 1^er is replaced by the following:
"Couns, legal cohabitation, parents and allies up to 3^e degree of the president, vice-president, assessor, commissioner of the State, deputy commissioner of the State, clerk or deputy clerk may not be a member of the council at the same time. »;
2° in paragraph 2, the words " 158 to 163, 169, 170 and 172 of the said law" are replaced by the words "168, 169 and 782 of the Judicial Code";
3° in paragraph 3, the words "378 of the Civil Procedure Code" are replaced by the words "828 of the Judicial Code".
Art. 12. In section 19 of the Act, as amended by the Act of 30 June 1933, the following amendments are made:
1° in paragraph 1^erthe words "sections 175, 176, 177 and 179 of the Act of 18 June 1869" are replaced by the words "sections 293 to 299 of the Judicial Code";
2° in paragraph 2, the words "sections 175, 176, 177 and 179 of the Act of 18 June 1869" are replaced by the words "sections 293 to 299 of the Judicial Code";
3° in paragraph 3, the words "Article 177 of the Act of 18 June 1869 is applicable" are replaced by the words "Articles 297 to 298 of the Judicial Code are applicable".
Art. 13. Section 20 of the Act is replaced by the following:
"Art. 20. In the event of an incapacity, the President is replaced by the Vice-President, the Commissioner of the State by the Deputy Commissioner of the State and the Registrar by the Deputy Registrar. Section 329 of the Judicial Code applies to the Board of Inquiry. "
Art. 14. In section 21 of the Act, the following amendments are made:
Paragraph 2 and paragraph 3 are repealed;
2° in paragraph 5, the words "or by the alternate assailant" are repealed.
Art. 15. In section 22 of the Act, paragraph 2 is repealed.
Art. 16. In section 23 of the Act, the following amendments are made:
1st paragraph 1^er is replaced by the following:
"Every summons to appear before the council is notified by the State Commissioner. In the summons, the Commissioner of the State mentions the alleged facts for which the person concerned must appear and the Commissioner of the State warns the person concerned that the council may impose a disciplinary penalty";
2° Paragraph 2 is replaced by the following:
"The summonses are made by registered mail. »;
Paragraph 3 is replaced by the following:
"A period of 14 days will be respected between the summons and the appearance before the board. If the person concerned has no domicile, residence or domicile elected in Belgium, section 55 of the Judicial Code is applicable. If the individual demonstrates that he is at sea for professional reasons, the president may set a new date of appearance."
4° in paragraph 4, between the words "time limits" and the words "and order", the words "paragraph 3" are inserted;
Paragraph 5 is replaced by the following:
"Article 53 bis of the Judicial Code is applicable to summonses referred to in paragraph 1^er.
Paragraph 6 is repealed.
Art. 17. In section 24 of the Act, the following amendments are made:
1st paragraph 1^er is replaced by the following:
"Section 939 of the Judicial Code is applicable to interrogations of persons and witnesses. »;
2° paragraphs 2, 3 and 4 are repealed;
3° in paragraph 5, the sentence "The circumstances referred to in article 283 of the Code of Civil Procedure shall be referred to in the minutes" is repealed.
Art. 18. Article 25, paragraph 1^er the following amendments are made:
1° in paragraph 1^erthe word "cited" is replaced by the word "convoted";
2° in paragraph 1^erthe words "in the colony or" are deleted;
3° in paragraph 2, the word "quoted" is replaced by the word "convened";
4° in paragraph 2, the words "26 to 300 fr." are replaced by the words "26 euros to 300 euros".
Art. 19. In section 28 of the Act, the words "to the judicial authorities of the colony" are repealed.
Art. 20. Section 29 of the Act is repealed.
Art. 21. In section 30 of the Act the following amendments are made:
1st paragraph 1^er is aborted;
2° in paragraph 2, the phrase "The interested person may be assisted by counsel chosen in accordance with section 62 of the Act of 18 June 1869" is replaced by the phrase "The interested person may be assisted or represented by counsel".
Art. 22. In section 31 of the Act, the following amendments are made:
1° in paragraph 1^er, the word "quote" is replaced by the word "call";
2° in paragraph 2, the word "cited" is replaced by the word "convoted";
3° the last paragraph is repealed.
Art. 23. In Article 33 of the Act, the words "Articles 140, § 1^er, 141, 143, 144 and 146 of the Act of 18 June 1869 and sections 88 to 92 of the Code of Civil Procedure are replaced by the words "articles 759 to 762, 778, paragraph 1^er, and 782bis of the judicial code".
Art. 24. Section 37 of the Act is replaced by the following:
“Art. 37. The notification of the decision under sections 3, 4, 7 or 9 is made by registered mail by the Commissioner of the State. "
Art. 25. In section 38 of the Act, the following amendments are made:
1° in paragraph 1^erthe words "as provided in section 29 and before the final decision" are replaced by the words "as provided in section 23, paragraph 1^er, and before the final decision or was represented";
2° Paragraph 2 is replaced by the following:
"The opposition to the decisions rendered by default must be formed by registered mail within thirty days of notification of the decision referred to in section 37. "
Paragraph 3 is replaced by the following:
"If the person concerned has no domicile, residence or domicile elected in Belgium, Article 55 of the Judicial Code is applicable. "
Paragraph 4 is replaced by the following:
"By derogation from paragraphs 2 and 3, the time limit will be extended to three months if the individual demonstrates that he is at sea for professional reasons at the time of notification of the decision referred to in section 37. »;
5° the article is supplemented by a paragraph written as follows:
"The opposition suspends the execution of the decision. "
Art. 26. Section 39 of the Act is replaced by the following:
“Art. 39. § 1^er. Council decisions are not subject to appeal, except the decisions of the board that inflict a disciplinary penalty under section 3 or that suspend or cancel a suitability patent under section 4.
§ 2. The appeal is filed with the Court of First Instance of Antwerp, Division of Antwerp, with respect to the crew members referred to in Article 2 of the Sea Vessels referred to in Article 1, 1° and 3°, and with the Court of First Instance of Western Flanders, Division of Bruges with respect to the crew members referred to in Article 2 of the Sea Vessels referred to in Article 1, 2°.
§ 3. The appeal shall be filed within thirty days after notification of the decision referred to in section 37.
If the person concerned has no domicile, residence or domicile elected in Belgium, section 55 of the Judicial Code is applicable.
Paragraph 1^er and 2 of that paragraph, the period shall be extended to three months if the person concerned demonstrates that he is at sea for professional reasons at the time of notification of the decision referred to in section 37.
§ 4. The court of first instance is final.
§ 5. The appeal suspends the execution of the decision. "
Art. 27. Sections 40 and 41 of the Act are repealed.
Art. 28. In section 45 of the Act, the following amendments are made:
1° in paragraph 2, the words "of appeal" are repealed;
2° in paragraph 3, the words "The opposition, the forvo i" are repealed.
Art. 29. In section 47 of the same law, the word "franc" is twice replaced by the word "euro".
Art. 30. In section 49 of the same law, the word "franc" is twice replaced by the word "euro".
Art. 31. In section 51 of the same law, the word "franc" is twice replaced by the word "euro".
Art. 32. In section 52 of the Act, the words "as provided for in sections 91 and 92 of the Code of Civil Procedure and those" are deleted.
Art. 33. Article 569, paragraph 1^erof the Judicial Code, amended by the Acts of 28 June 1984, 11 April 1989, 13 June 1991, 28 February 1999, 23 March 1999, 22 April 1999, 1^er March 2000, 27 March 2001, 13 February 2003, 6 October 2005, 13 December 2005, 10 May 2007, 22 December 2008, 2 June 2010, 15 July 2011, 19 July 2012, 4 December 2012, 10 January 2013, 2 June 2013 and 30 July 2013, is supplemented by the 44°, as follows:
"44° of the remedies referred to in section 39 of the Act of 30 July 1926 establishing a Marine Investigation Board. "
Art. 34. In the Judicial Code, an article 633decies is inserted, which reads as follows:
"Art. 633decies. The Court of First Instance of Antwerp, Division of Antwerp, is solely competent to hear appeals referred to in section 39 of the Act of 30 July 1926 establishing a Marine Investigation Board, introduced by the crew members referred to in section 2 of the Act of 30 July 1926 establishing a Marine Investigation Board of the Sea Ships referred to in section 1^er, 1° and 3°, of the Act of 30 July 1926 establishing a Marine Investigation Board.
The Court of First Instance of Western Flanders, Bruges Division, is solely competent to hear appeals under section 39 of the Act of 30 July 1926 establishing a Marine Investigation Board, introduced by the crew members referred to in section 2 of the Act of 30 July 1926 establishing a Marine Investigation Board of the Sea Ships referred to in section 1^er, 2°, of the Act of 30 July 1926 establishing a Marine Investigation Board. "
Art. 35. Persons who exercise the mandates referred to in sections 13, 14 and 16 at the time of the coming into force of this Act shall commence a term of 6 years under amended sections 13, 14 and 16 at the time of the coming into force of this Act.
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 24 April 2014.
PHILIPPE
By the King:
Deputy Prime Minister and Minister of Economy, Consumers and the North Sea,
J. VANDE LANOTTE
The Minister of Justice,
Ms. A. TURTELBOOM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) See:
House of Representatives (www.lachambre.be):
Documents: 53-3428
Full report: March 19 and 20, 2014
Senate (www.senate.be):
Documents: 5-2775
Annales of the Senate: March 27, 2014