Act Amending The Act Of 21 December 1998 On The Standards Of Products Aimed At Promoting Sustainable Patterns Of Production And Consumption And The Protection Of The Environment, And Health Workers And Repealing The Law Of 14 July

Original Language Title: Loi modifiant la loi du 21 décembre 1998 relative aux normes de produits ayant pour but la promotion de modes de production et de consommation durables et la protection de l'environnement, de la santé et des travailleurs et abrogeant la loi du 14 juillet

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014024209&caller=list&article_lang=F&row_id=600&numero=688&pub_date=2014-06-17&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-06-17 Numac: 2014024209 PUBLIC SERVICE FEDERAL public health, food chain safety and environment April 25, 2014. -Act to amend the law of 21 December 1998 on the standards of products aimed at promoting sustainable patterns of production and consumption and the protection of the environment, and health workers and repealing the Act of 14 July 1994 on the establishment of the Committee for the award of the European ecolabel PHILIPPE, King of the Belgians, has all, present and future Hello.
The Chambers have adopted and we endorse the following: Chapter 1.
-Provisions General Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -Amendments to law of 21 December 1998 on the standards of products purpose promoting sustainable patterns of production and consumption and the protection of environment, health and arts workers 2A article 2 of the law of 21 December 1998 on the standards of products aimed at the promotion of sustainable consumption and production patterns and the protection of the environment, and health workers, as amended by the law of July 27, 2011, the following changes are made: 1 ° in 1 °, the words «» «, plant protection products ' shall be inserted between the word 'biocides' and the words 'and packaging.
2 ° 7 ° is replaced by the following: "7 ° hazardous substances, hazardous plant protection products or biocides dangerous: hazardous substances, hazardous plant protection products or biocides hazardous as defined in annex 1, part 2, 3 and 4 of Regulation (EC) no 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures" ", amending and repealing Directives 67/548 / EEC and 1999/45/EC and amending Regulation (EC) No 1907/2006;"
3 ° it is inserted 7bis °, worded as follows, shall be inserted: ' 7A ° dangerous mixtures: mixtures explosive, oxidizing, extremely flammable, highly flammable, flammable, very toxic, toxic, harmful, corrosive, irritants, sensitizers, carcinogenic, mutagenic, toxic to reproduction or dangerous to the environment, or dangerous mixtures as defined in annex 1, part 2, 3 and 4 of Regulation (EC) no 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification " labelling and packaging of substances and mixtures, amending and repealing Directives 67/548 / EEC and 1999/45/EC and amending Regulation (EC) No 1907/2006; » 4 8 ° ° is replaced by the following: "8 ° biocides: biocidal products as defined in article 3 of Regulation (EU) No. 528/2012 of the European Parliament and of the Council of 22 may 2012 concerning the making available on the market and use of products biocides;"
5 20 ° °, is replaced by the following: products "(20° produits phytopharmaceutiques: a) plant protection and additives as defined in Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing on the market of plant protection products and repealing Directives 79/117/EEC and 91/414/EEC of the Council;"
(b) all other products in the form under which they are supplied to the user and operation of product plant protection or adjuvant, or which are intended to influence the functions, properties or the application of the plant protection products or adjuvants, or are intended to be transformed into plant protection products or adjuvants, to the place of use or not.
"The King may describe more precisely the concept of plant protection products in accordance with the guidelines and regulations of the Institutions of the European Union y related."
S. 3A article 5, § 1, paragraph 1, of the Act, as amended by the law of 27 December 2004 and 27 July 2011, the following changes are made: 1 ° in 6 °, 'article 22 of the law of 14 July 1991 on trade and on information practices and the protection of consumers' shall be replaced by the words "Act of April 6, 2010 on the market practices and consumer protection";
2 ° in 10 °, 'article 14 of the law of 14 July 1991 on trade and on information practices and the protection of consumers' shall be replaced by the words "Act of April 6, 2010 on the market practices and consumer protection";
3 ° paragraph is supplemented by a 14 °, as follows: '14 ° to inform the public on the products or categories of products to put on the market and this awareness of sustainable production and consumption patterns '.
S. 4. in article 7, paragraph 2, of the Act, inserted by the law of July 27, 2011, "the preparation" are each time replaced by the words «mixture».
S.
5 in article 8A, paragraph 1, of the Act, inserted by the law of March 28, 2003 and amended by the Act of 22 December 2003, the following changes are made: 1 ° 1st paragraph is replaced by the following: "the King fixed by Decree deliberated in the Council of Ministers a program to reduce the risks, which is updated every two years and a half to reduce the use and placing on the market of plant protection and biocidal products which may be exposed humans and the environment.
2 ° in paragraph 2, the first sentence starting with the words "Expected to reduce in time" and ending with the words "on man and the environment.' is replaced by the following sentence:" a reduction target at the time of biocides, plant protection products and their active substances referred to in the preceding paragraph is determined from a detailed inventory of the effects they have on humans and the environment. "
3 ° in paragraph 2, second sentence, 'risk' is inserted between the words 'the results of the reduction program' and the words ', the latter includes '.
S.
6. in the same Act, it is inserted a Vter chapter, entitled: "chapter Vter. -Committee for the award of the EU eco-label '.
S. 7. in chapter Vter, inserted by article 6 article be inserted a 14terdecies as follows: "article 14terdecies. it is created with the Minister having environment in his or her attributions, a Committee for the award of the eco-label of the hereinafter EU Committee.
The King fixed, on the proposal of the Ministers who have the environment and the economy in their powers, composition, organization and operation of the Committee. "."
S.
8. in the same chapter Vter, inserted an article 14quaterdecies as follows: "article
14quaterdecies. without prejudice to article 14sexiesdecies, the Committee is the competent body as referred to in article 4 of Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 establishing EU eco-label '. "
S. 9. in the same chapter Vter, inserted an article 14quindecies as follows: "article 14quinquiesdecies. § 1.
The King may, after consulting the Committee, organize and implement, by Decree deliberated in the Council of Ministers, a naming system, control and withdrawal of a national eco-label.
The Committee is responsible to assign the national eco-label in accordance with the procedure and detailed rules laid down under paragraph 1.
§ 2. The eco-label referred to the § 1 cannot be attributed: 1 ° to medicinal products for human use or for veterinary use, within the meaning of article 1, § 1, 1), the law of 25 March 1964 on medicines, nor to any type of medical device;
2 ° to products containing substances or mixtures classified as toxic, dangerous to the environment, carcinogenic, mutagenic or toxic to reproduction, in accordance with Regulation (EC) no 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548 / EEC and 1999/45/EC and amending Regulation (EC) No 1907/2006;
3 ° to products containing such substances as referred to in article 57 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the registration, evaluation and authorization of chemical substances as well as the restrictions applicable to these substances (REACH) and establishing a European Chemicals Agency, amending Directive 1999/45 / EC and repealing Council Regulation (EEC) No 793/93 of the Council and Regulation (EC) No 1488/94 the Commission thus as Directive 76/769 / EEC and Directives 1/155/EEC, 93/105/EC and 2000/21/EC of the Commission.
§ 3. Criteria for the award of the eco-label referred to the § 1 are defined according to a comprehensive approach based on the General requirements laid down in article 6 and annex reI of Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 on the EU eco-label.
"The criteria for the award of the eco-label referred to the § 1 to a category of products cannot be less stringent than those established for the same category of products under Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 establishing the ecolabel of the EU."
S. 10. in the same chapter Vter, inserted an article 14sexdecies as follows: art. 14sexiesdecies. on the proposal of the Ministers who have the environment and the economy

in their duties and after having collected the opinion of the Committee, the King fixed the amount and terms of payment of the processing fee the file relating to the application for award of the label as well as of the fee due for the use of it. » Art. 11. article 15a of the Act, inserted by the law of July 27, 2011, is replaced by the following: «art.» 15A. without prejudice to the application of articles 15 and 15B, officers designated pursuant to article 17 of the Criminal Code social exercise, within the limits of their powers, checks the compliance with this Act and its orders of execution and the REACH regulation for the protection of workers.
These officials exercise this control in accordance with the first book of the social Criminal Code. ».
S.
12. in the same Act, it is inserted an article 15b, as follows: «art.» 15B. without prejudice to the application of article 15, the Administration of the Customs and excise officials are responsible for checking compliance with the provisions of this Act, orders taken in execution of enforcement measures taken under Directive 2009/125/EC of the European Parliament and of the Council of 21 October establishing a framework for the setting of ecodesign requirements for products related to energy and the regulations of the Union taken over European in annex Ire. "."
S.
13. in the same Act, it is inserted an article 15quater, worded as follows: «art.» 15quater. without prejudice to the application of articles 15 and 15B, officials and staff of federal Directorate General control and Mediation of public Service economy, SMEs, Middle Classes and energy exercise, within the limits of their skills, the control of compliance with the provisions of this Act, its enforcement decrees and measures of execution taken under Directive 2009/125 / EC of the European Parliament and of the Council of 21 October establishing a framework for the setting of ecodesign requirements for products related to energy, only in connection with this directive.
These officials exercise this control in accordance with Chapter 10 of the law of April 6, 2010 on market practices and consumer protection. ».
S. 14. in the same Act, it is inserted an article 15 d, as follows: «art.» 15 d. without prejudice to the application of article 15 and 15B, officials referred to in article 3 of the royal decree 1 December 1975 on general regulations the police road traffic and the use of public roads, exercise, within the limits of their skills, monitoring compliance with the provisions of this Act, of its orders of execution and of Regulation (EC) 1222/2009 of the European Parliament and of the Council of 25 November 2009 on the labelling of tyres in relation to efficiency in fuel and other essential parameters, only in connection with this regulation.
These officials exercise this control in accordance with the law of June 21, 1985 on technical conditions to be met by any vehicle transport by land, its elements as well as the safety accessories.
».
S. 15. in article 16, § 1, 1st paragraph of the Act, as amended by the law of July 27, 2011, the words ' referred to in article 15, § 1, 1st paragraph "are replaced by the words ' referred to in articles 15, § 1, paragraph 1, 15quater, paragraph 1 and 15 d, paragraph 1,
S. 16. in the same Act inserted an article 16bis, worded as follows: «art.» 16bis. in case of violation of this Act to an order made in pursuance thereof, to enforcement measures taken under Directive 2009/125/EC and regulations of the European Union annexed to Ire, the person who places the product on the market is responsible for the costs of analysis, storage, removal and destruction. » Art. 17. at section 17 of the Act, as amended by the law of July 27, 2011, the following changes are made: 1 ° the § 1, paragraph 1, 1 °, is supplemented by the words "with the exception of article 5, § 1, paragraph 1, 11 °";
2 ° the § 1, paragraph 1, 2 °, is replaced by the following: "2 ° that violates articles 7, § 2, 13, § 4, 13, § 10, 14, § 2, 16, § 1 or 17, § 2, of 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 ';
3 ° the § 1, paragraph 1, 6 °, 7 °, is replaced by the following: «6 ° who is opposed to the visits, inspections, seizures, sampling or to the request for information made by members of the staff or contractor designated under articles 15, 15B, 15quater and 15 d;»; «» 7 ° that violates articles 3, 4, 4A or 6, §§ 2 and 3, of Regulation (EC) No 648/2004 of the European Parliament and of the Council of 31 March 2004 on detergents; »;
4 ° the § 1, paragraph 1, is completed by 15 ° and 16 °, worded as follows: "15 ° that violates article 4 §§ 1, 2, or 3, or article 5 of Regulation (EU) no 995/2010 of the European Parliament and of the Council of October 20, 2010 laying down the obligations of operators who place timber and products on the market;
16 ° that violates: has) article 17, § 1, article 47, § 1, article 58, §§ 2 or 3, article 62, § 1, article 95, paragraph 3 of Regulation (EU) No. 528/2012 of the European Parliament and of the Council of May 22, 2012 concerning the making available on the market and use of products biocides; (or b) a decision of the European Agency of chemicals or the European Commission which deals with one of the provisions referred to in the a); »;
5 ° § 2, 3 °, is replaced by the following: "one who violates sections 7, §§ 4 or 7, 9, §§ 1 or 2, 10, § 4, 13, § 11, 15, § 2, or 16, §§ 2, 3 or 4, of 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 ';
6 ° in § 2, 4 ° a), the words "article 113, §§ 1 or 3" are repealed;
7 ° § 2 is supplemented by the 11 ° and 12 ° worded as follows: ' 11 ° that violates articles 4, 5 or 6 of Regulation (EC) no 1222/2009 of the European Parliament and of the Council of 25 November 2009 on the labelling of tyres with respect to fuel efficiency and other essential parameters;
12 ° that violates: a) article 17 § 5 or 6, article 27, § 1, article 31, paragraph 3, article 45, § 2, section 56, § 1 or 2, article 58, §§ 4, 5 or 6, section 59, § 3, section 62, § 2, has), section 63, paragraph 3, subparagraph 3, article 65, paragraph 2, article 68, § 1, article 69, §§ 1 or 2, article 70 article 72, §§ 1 or 3 of Regulation (EU) No. 528/2012 of the European Parliament and of the Council of 22 may 2012 concerning the placing to available on the market and use of biocidal products; (or b) a decision of the European Agency of chemicals or the European Commission which deals with one of the provisions referred to in the a). » 8 ° a paragraph 2E, worded as follows is added: "§ 2e.» Shall be punished by a fine of 100 to 500 euros for any offense, one that violated articles 9, §§ 2, 4 or 9, or 10, §§ 1, 3 or 4, of Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 on the EU eco-label. » Art. 18. in article 17 bis, paragraph 1, of the Act, inserted by the law of March 28, 2003 and amended by the Act of September 10, 2009, "article 15" are replaced by the words "in accordance with articles 15, 15quater and 15 d.
S. 19A article 18, paragraph 2, of the Act, replaced by the law of September 10, 2009, the following changes are made: 1 ° the introductory phrase ' statutory or contractual staff members appointed by the King under section 15, § 1 send the minutes, which finds the infringement "is replaced by the following:"statutory or contractual staff members designated by the King under section 15. «, § 1 and officers designated pursuant to sections 15A, 15B, 15quater and 15 d send the minutes, which finds the infringement.»
2 ° in b), the words "article 17, § 2» are replaced by the words" article 17, §§ 2 and 2A.
S.
20. in articles 2, 3, 7, 17 and in the title of chapter III of the Act, the word "preparations" is every time replaced by the word «mixes»
S. 21. Annex I to the Act, such 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 is complemented by the following: "Regulation (EC) no 1222/2009 of the European Parliament and of the Council of 25 November 2009 on the labelling of tyres with respect to fuel efficiency and other essential parameters Regulation (EU) no 995/2010 of the European Parliament and". "Council of 20 October 2010 laying down the obligations of operators who place timber and products derived from market regulation (EU) No. 528/2012 of the European Parliament and of the Council of 22 may 2012 concerning the making available on the market and use of biocidal products regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 on the EU eco-label.
S. 22. Annex VII to the Act, inserted by the law of December 29, 2010, is complemented by the 12 ° and 13 °, worded as follows: "12 ° Regulation (EU) No. 528/2012 of the European Parliament and of the Council of 22 may 2012 concerning the placing in"

available on the market and use of biocidal products;
13 ° royal decree of 2 February 1994 concerning conservation, the placing on the market and the use of pesticides for use in agriculture.
"CHAPTER 3. -Repeal of the Act of 14 July 1994 on the establishment of the Committee for the award of the European eco-label art. 23. the Act of 14 July 1994 on the establishment of the Committee for the award of the European eco-label is repealed.
Given to Brussels, April 25, 2014.
PHILIPPE by the King: the Deputy Prime Minister and Minister of the economy, consumers and the North Sea, J. VANDE LANOTTE the Deputy Prime Minister and Minister of Social Affairs and public health, Ms. L. ONKELINX the Minister of Classes average, SMEs, the self-employed and Agriculture, Ms. S. LARUELLE Minister of employment, Ms. M. Davis the Minister of finance K. GARG the Secretary of State for the environment, M.
WATHELET