An Act To Amend The Act Of July 30, 1926, Establishing A Board Of Marine Inquiry (1)

Original Language Title: Loi modifiant la loi du 30 juillet 1926 instituant un conseil d'enquête maritime (1)

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014014515&caller=list&article_lang=F&row_id=600&numero=624&pub_date=2014-07-28&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-07-28 Numac: 2014014515 FEDERAL PUBLIC SERVICE mobility and transport April 24, 2014. -Act to amend the Act of July 30, 1926, establishing a Board of Marine Inquiry (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2. in the Act of July 30, 1926, establishing a Board of marine inquiry, it is inserted an article 1/1 as follows: «art.» 1/1. This Act partially transposes Directive 2008/106/EC of the European Parliament and of the Council of 19 November 2008 on the minimum level of training of seafarers (recast). ».
S. 3 A section 3 of the Act, the following amendments are made: 1 ° in paragraph 1 Dutch text, the word 'tuchtstrafmaatregelen' is replaced by 'tuchtstraffen ';
2 ° article is supplemented by two paragraphs, worded as follows: 'the Council may impose a fine of at least EUR 100 and maximum 12,500 euros, paid to the Treasury.
The fine may be imposed in addition to other disciplinary sanction. ».
S. 4. article 4 of the Act is supplemented by a paragraph as follows: 'the Council may cancel the Belgian certificates of competency of persons who them were obtained fraudulently. ».
S. 5. article 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 the Vice President and two assessors. It can be divided into rooms.
The Board of investigation decides by a majority of the votes of the members present. In the event of parity of votes, the vote of the president is dominating. ».
S. 6 A section 13 of the Act, as amended by the laws of 30 December 1933 and on August 6, 1993, the following changes are made: 1 ° 1st paragraph is replaced by the following: "the president and vice-president are appointed by the King, on the proposal of the Minister of maritime mobility, for a renewable period of 6 years.
»;
2 ° in paragraph 2, the words "fulfilling the terms as president by article 69, paragraph 2, of the Act, of June 18, 1869 and the vice-presidents by article 17 paragraph 1, of the Act" are replaced by the words "fulfilling the conditions laid down in article 207, § 3, of the Judicial Code";
3 ° the last paragraph is repealed.
S.
7. at article 14 of the Act, as amended by the Act of 6 August 1993, the following changes are made: 1 ° 1st paragraph 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 'Among these assessors, four at least must be carriers of the Belgian patent master mariner or cabotage, four at least of the patent or the Belgian mechanic and Machinist licence, two at least of the Belgian skipper patent.' is replaced by the following: "among these assessors, two at least must carry the patent of Belgian Captain fitness. two at least of the certificate of competency Belgian mechanic or engine manufacturer, and two at least Belgian ability of patron of unlimited water patent. ».
S. 8. at article 15 of the Act, as amended by the Act of 6 August 1993, the following changes have been made: 1 ° in the paragraph 1, the words "one or more clerks Assistant, fixed by royal decree number" are replaced by "Deputy Registrar";
2 ° in paragraph 2, the first two sentences "the clerk and deputy clerks are appointed and dismissed by the King. They are chosen from a list of three candidates submitted by the president of the Council. » are replaced by the following: "the Registrar and the Deputy Registrar are appointed for a renewable period of 6 years, and dismissed by the King. ».
S.
9. at article 16 of the Act, as amended by the laws of 30 December 1933 and on August 6, 1993, the following changes are made: 1 ° in the paragraph 1, the words "and Commissioners Assistant number fixed by royal decree" are replaced by "and a Deputy Commissioner."
2 ° in paragraph 2, the sentence "They are appointed and dismissed by the King." is replaced by the following: "the Commissioner and Deputy Commissioner are appointed for a renewable period of 6 years, and dismissed by the King.".
3 ° in paragraph 3, the word 'doctor' is replaced by the word "master";
4 ° in paragraph 4, the words "Commissioners Assistant State" is replaced by the words "Assistant Commissioner of the State ';
5 ° between paragraphs 4 and 5, it is inserted a paragraph worded as follows: "the State Commissioner consider the wisdom of disciplinary proceedings.
It indicates the reason for the closure it takes. This paragraph is not applicable to the procedures put in place in accordance with article 9. ».
S. 10. in article 17 of the Act, the words ", including those of the colony" shall be deleted.
S. 11A section 18 of the Act, the following amendments are made: 1 ° 1st paragraph is replaced by the following: "spouses, legal cohabitants, parents and allies up to the 3rd degree of the president, vice-president, assessor, Commissioner of the State, Deputy Commissioner of the State Registrar or Deputy Registrar may not belong at the same time the Board. ';
2 ° in paragraph 2, the words "158-163, 169, 170 and 172 of the Act" are replaced by the words "168, 169 and 782 of the Judicial Code.
3 ° in paragraph 3, "378 of the code of civil procedure" shall be replaced by the words «828 of the Judicial Code.
S. 12A section 19 of the Act, as amended by the Act of June 30, 1933, the following changes are made: 1 ° in the paragraph 1, the words "articles 175, 176, 177 and 179 of the Act of June 18, 1869" are replaced by the words «articles 293 to 299 of the Judicial Code.
2 ° in paragraph 2, the words "articles 175, 176, 177 and 179 of the Act of June 18, 1869" are replaced by the words «articles 293 to 299 of the Judicial Code»;
3 ° in paragraph 3, the words 'Article 177 of the Act of June 18, 1869 shall apply' shall be replaced by the words 'articles 297 to 298 of the Judicial Code shall apply'.
S. 13. article 20 of the Act is replaced by the following: «art.» 20. in the case of impediment, the president is replaced by vice-president, Commissioner of the State by the Deputy Commissioner of the State and the Registrar the Deputy Registrar. Article 329 of the Judicial Code is applicable to the Commission of inquiry. ».
S. 14 A section 21 of the Act, the following amendments are made: 1 ° paragraph 2 and paragraph 3 are repealed;
2 ° in paragraph 5, the words "or by the Deputy assessor" are repealed.
S. 15 article 22 of the Act, paragraph (2) is repealed.
S. 16A section 23 of the Act, the following amendments are made: 1 ° 1st paragraph is replaced by the following: "any summons to appear before the Commission shall be notified by the Commissioner of the State. In the notice, the Commissioner of the State mentions allegations for which the person concerned must appear and the Commissioner of the State notify the person concerned of the fact that the Commission may impose a disciplinary sanction";
2 ° paragraph 2 is replaced by the following: "the convocations are by registered mail delivery.";
3 ° paragraph 3 is replaced by the following: "a period of 14 days will be respected between the calling and the appearance before the Board. If the person concerned has residence, residence or address for service in Belgium, article 55 of the Judicial Code shall apply.
If the person concerned proves that it is in the sea for professional reasons, the president may set a new date of appearance. "
4 ° in paragraph 4, the phrase 'the time' and the words 'and direct', the words "referred to in article 3" shall be inserted;
5 ° paragraph 5 is replaced by the following: 'article 53A of the Judicial Code shall apply to the notices referred to in paragraph 1.';
6 ° article 6 is repealed.
S. 17 A section 24 of the Act, the following amendments are made: 1 ° 1st paragraph is replaced by the following: "article 939 of the Judicial Code shall apply to interrogations of interested parties and the witnesses.";
2 ° paragraphs 2, 3 and 4 are repealed;
3 ° in paragraph 5, the phrase "the circumstances referred to in article 283 of the Code of civil procedure will be mentioned in the minutes" is repealed.
S. 18A article 25, paragraph 1 of the Act, the following amendments are made: 1 ° in the paragraph 1, the word "City" is replaced by "summoned";
2 ° in the paragraph 1, the words ' in the colony or "shall be deleted;
3 ° in paragraph 2, the word "cited" is replaced by the word «convened»;
4 ° in paragraph 2, '26-300 fr.' shall be replaced by the words "26 euros to 300 euros.
S. 19. in article 28 of the Act, the words "to the judicial authorities of the colony" are repealed.
S. 20. article 29 of the Act is repealed.
S. 21. in article 30 of the same Act the following changes are made: 1 ° 1st paragraph is repealed;
2 ° in paragraph 2, the phrase "the person concerned may be assisted a Commission selected in accordance with article 62 of the law of June 18, 1869" is replaced by "the person concerned may be assisted or represented by counsel".
S.
22. in article 31 of the Act, the following amendments are made: 1 ° in the paragraph 1, the word "quote" is replaced by the word "convene";
2 ° in the paragraph

2, the word 'cites' is replaced by the word "summoned";
3 ° the last paragraph is repealed.
S.
23. in article 33 of the Act, the words "articles 140, § 1, 141, 143, 144 and 146 of the Act of June 18, 1869, as well as sections 88 to 92 of the Code of civil procedure" shall be replaced by the words "sections 759 to 762, 778, paragraph 1, and 782bis of the judicial code.
S. 24. article 37 of the Act is replaced by the following: «art.» 37. the notification of the decision referred to in articles 3, 4, 7 or 9 is made by sending recommended to the post by the Commissioner of the State. ».
S. 25A article 38 of the Act, the following amendments are made: 1 ° in the paragraph 1, the words "set out in article 29 and before the final decision" shall be replaced by the words "laid down in article 23, paragraph 1, and before the final decision or that he was represented.
2 ° paragraph 2 is replaced by the following: 'opposition to decisions by default must be lodged by registered delivery to mail within thirty days after the notification of the decision referred to in article 37.'.
3 ° paragraph 3 is replaced by the following: "If the person concerned has residence, residence or address for service in Belgium, article 55 of the Judicial Code is application.".
4 ° paragraph 4 is replaced by the following: ' By way of derogation from paragraph 2 and 3, the period shall be extended to three months if the person demonstrates that it is in the sea for professional reasons at the time of notification of the decision referred to in article 37.';
5 ° article is supplemented by a paragraph worded as follows: 'the opposition suspend enforcement of the decision'.
S. 26. article 39 of the Act is replaced by the following: «art.» 39 § 1. The Council's decisions are not subject to appeal, except the decisions of the Commission which impose a disciplinary sanction under article 3 or which suspend or cancel a certificate of competency under section 4.
§ 2. The appeal is introduced with the tribunal of the first instance of Antwerp, Antwerp division, with regard to crew members referred to in article 2 of sea-going vessels referred to in article 1, 1 ° and 3 °, and the Court of first instance of Western Flanders, division of Bruges in what concerns crew members referred to in article 2 of sea-going vessels referred to in article 1 , 2°.
§ 3. The appeal shall be commenced within thirty days following notification of the decision referred to in article 37.
If the person concerned has residence, residence or address for service in Belgium, article 55 of the Judicial Code shall apply.
By way of derogation from paragraph 1 and 2 of this subsection, the period shall be extended to three months if the person demonstrates that it is in the sea for professional reasons at the time of notification of the decision referred to in article 37.
§ 4. The Court of first instance rules last spring.
§
5. The appeal suspends the execution of the decision. ».
S. 27. articles 40 and 41 of the Act are repealed.
S. 28. in article 45 of the same Act, the following amendments are made: 1 ° in paragraph 2, the words "appeal" are repealed;
2 ° in paragraph 3, the words "The opposition, pourvo i" are repealed.
S. 29. in article 47 of the same Act, the word "francs" is twice replaced by the word "Euro".
S. 30. in article 49 of the same Act, the word "francs" is twice replaced by the word "Euro".
S. 31. in article 51 of the Act, the word "francs" is twice replaced by the word "Euro".
S.
32. in article 52 of the same Act, the words 'referred to in sections 91 and 92 of the Code of civil procedure and those' are deleted.
S. 33. article 569, paragraph 1, of the Judicial Code amended by the acts of 28 June 1984, 11 April 1989, June 13, 1991, February 28, 1999, 23 March 1999, 22 April 1999, March 1, 2000, 27 March 2001, February 13, 2003, October 6, 2005, December 13, 2005, may 10, 2007, December 22, 2008, June 2, 2010, July 15, 2011, 19 July 2012 , 4 December 2012, January 10, 2013, 2 June 2013 and July 30, 2013, is added to 44 °, as follows: "44 ° of the remedies referred to in article 39 of the Act of July 30, 1926 establishing a Board of marine inquiry.
».
S. 34. in the Judicial Code, article 633decies is inserted, worded as follows: «art.» 633decies. the Court of first instance of Antwerp, Antwerp division, has sole jurisdiction to consider appeals referred to in article 39 of the Act of July 30, 1926, establishing a Board of marine inquiry, introduced by the crew members referred to in article 2 of the Act of July 30, 1926, establishing a Board of marine investigation of vessels referred to in article 1 1 ° and 3 °, of the law of July 30, 1926, establishing a Board of marine inquiry.
The Court of first instance of Western Flanders, Bruges division, has sole jurisdiction to consider appeals referred to in article 39 of the Act of July 30, 1926, establishing a Board of marine inquiry, introduced by the crew members referred to in article 2 of the Act of July 30, 1926, establishing a Board of marine investigation of vessels referred to in article 1 2 °, of the law of July 30, 1926, establishing a Board of marine inquiry. ».
S. 35. persons exercising the mandates referred to in articles 13, 14 and 16 at the time of the entry into force of this Act begin a term of 6 years under amended sections 13, 14 and 16 at the time of the entry into force of this Act.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels, on April 24, 2014.
PHILIPPE by the King: the Deputy Prime Minister and Minister of the economy, consumers and the North Sea, J. VANDE LANOTTE the Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) see: House of representatives (www.lachambre.be): Documents: complete record 53-3428: 19 and 20 March 2014 Senate (www.senate.be) : Documents: 5-2775 annals of the Senate: March 27, 2014