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25 AVRIL 2014. - An Act to amend the Act of 21 December 1998 on standards of products intended for the promotion of sustainable production and consumption patterns and the protection of the environment, health and workers and repealing the Act of 14 July 1994 establishing the European Ecological label allocation committee

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - General provisions
Article 1^er. 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 section 2 of 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, last amended by the Act of 27 July 2011, the following amendments are made:
1° in 1°, the words ", phytopharmaceuticals" are inserted between the word "biocides" and the words "and packagings".
2° the 7° is replaced by the following:
"7° hazardous substances, hazardous phytopharmaceuticals or hazardous biocides: hazardous substances, hazardous phytopharmaceuticals or hazardous biocides as defined in Schedule 1, Part 2, 3 and 4 of Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 relating to the classification, labelling and packaging of substances and mixtures, amending and repealing Directives 1999/5
3° it is inserted the 7bis°, written as follows, is inserted:
"7bis° hazardous mixtures: explosive, oxidizing, extremely flammable, easily flammable, flammable, very toxic, toxic, harmful, corrosive, irritating, irritating, carcinogenic, mutagenic, toxic to reproduction or hazardous to the environment, or hazardous mixtures as defined in Annex 1^rePart 2, 3 and 4 of Regulation (EC) No 1272/2008 of the European Parliament and Council of 16 December 2008 on the 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: biocide 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 availability on the market and use of biocide products;"
5° on 20°, is replaced by the following:
"20° phytopharmaceutical products :
(a) phytopharmaceutical and adjuvant products as defined in Regulation (EC) No. 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the marketing of phytopharmaceutical products and repealing Council Directives 79/117/EEC and 91/414/EEC;
(b) all other products in the form in which they are delivered to the user and which have a functioning of a phytopharmaceutical or adjuvant product, or which are intended to influence the operation, properties or application of phytopharmaceutical or adjuvant products, or are intended to be transformed into phytopharmaceutical or adjuvant products, in the place of use or not.
The King can describe more precisely the concept of phytopharmaceutical products in accordance with the directives and regulations of the Institutions of the European Union. "
Art. 3. Article 5, § 1^erParagraph 1^erthe same Act, as amended by the Acts of 27 December 2004 and 27 July 2011, are amended as follows:
1° in 6°, the words "section 22 of the Act of 14 July 1991 on trade practices and information and consumer protection" are replaced by the words "the Act of 6 April 2010 on market practices and consumer protection";
2° in 10°, the words "Article 14 of the Law of 14 July 1991 on Trade Practices and on Consumer Information and Protection" are replaced by the words "the Act of 6 April 2010 on Market Practices and Consumer Protection";
3° the paragraph is completed by a 14°, written as follows:
"14° to inform the public about products or product categories to market and raise awareness of sustainable production and consumption patterns."
Art. 4. In section 7, paragraph 2, of the Act, inserted by the Act of July 27, 2011, the words "preparing" are replaced by the words "mixing".
Art. 5. Article 8bis, paragraph 1^erof the same Act, inserted by the Act of 28 March 2003 and amended by the Act of 22 December 2003, the following amendments are made:
1st paragraph 1^er is replaced by the following:
"The King sets out by deliberate decree in the Council of Ministers a risk reduction program, which is updated every two and a half years, aiming to reduce the use and marketing of phytopharmaceutical and biocide products to which humans and the environment can be exposed. "
2° in paragraph 2, the first sentence beginning with the words "We plan to reduce in time" and ending with the words "on man and the environment. » is replaced by the following sentence:
" A time reduction objective of biocides, phytopharmaceuticals and their active substances referred to in the previous paragraph is determined from a detailed inventory of the effects they have on humans and the environment. "
3° in paragraph 2, second sentence, the words "risks" are inserted between the words "the results of the reduction program" and the words ", the latter includes".
Art. 6. In the same law, a Chapter Vter is inserted, entitled:
"CHAPITRE Vter. - Committee for the attribution of the EU ecological label".
Art. 7. In Chapter Vter, inserted by Article 6, an article 14terdecies is inserted as follows:
"Art. 14terdecies. It is established with the Minister who has the Environment in his duties, a committee to assign the environmental label of the EU below referred to as the committee.
The King sets out, on the proposal of ministers who have the Environment and Economy in their responsibilities, the composition, organization and mode of operation of the committee. ".
Art. 8. In the same chapter Vter, an article 14quaterdecies is inserted as follows:
"Art. 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 the ecological label of the EU.".
Art. 9. In the same chapter Vter, an article 14quindecies is inserted as follows:
"Art. 14quinquiesdecies. § 1^er. The King may, after consultation with the committee, organize and establish, by order deliberately in the Council of Ministers, a system of attribution, control and withdrawal of a national ecological label.
The committee is responsible for assigning the national ecological label in accordance with the procedure and terms established under paragraph 1^er.
§ 2. The ecological label referred to in § 1^er cannot be attributed:
1° to drugs for human use or veterinary use, as defined in Article 1^er§ 1^er(1), the Medicines Act of 25 March 1964, or any type of medical device;
2° to products containing substances or mixtures classified as toxic, environmentally hazardous, carcinogenic, mutagenic or toxic for reproduction, in accordance with Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on the classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC and amending
3° to products containing 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, assessment and authorization of chemical substances and the restrictions applicable to these substances (REACH), and establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Regulation (EC) No. 793/93 of the Council and
§ 3. The criteria for attribution of the ecological label referred to in § 1^er are defined by a comprehensive approach based on the general requirements defined in section 6 and the Appendix ^reI of Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 establishing the ecological label of the EU.
The criteria for attribution of the ecological label referred to in § 1^er a product category may not be less stringent than those established for the same product category under Regulation (EC) No 66/2010 of the European Parliament and the Council of 25 November 2009 establishing the EU ecological label."
Art. 10. In the same chapter Vter, an article 14sexdecies is inserted as follows:
Art. 14sexiesdecies. On the proposal of Ministers who have the Environment and the Economy in their powers and after receiving the advice of the committee, the King sets out the amount and terms of payment of the processing fees for the application for the award of the label and the royalty due for the use of the label. »
Art. 11. Section 15bis of the Act, inserted by the Act of 27 July 2011, is replaced by the following:
"Art. 15bis. Without prejudice to the application of sections 15 and 15ter, the agents designated pursuant to section 17 of the Social Criminal Code shall exercise, within the limits of their competence, control over compliance with this Act and its enforcement orders and REACH regulations with respect to the protection of workers.
These officials exercise control in accordance with Book 1 of the Social Criminal Code. "
Art. 12. In the same Act, an article 15ter is inserted, as follows:
"Art. 15ter. Without prejudice to the application of Article 15, officials of the Customs and Accises Administration shall be responsible for monitoring compliance with the provisions of this Act, the decrees made pursuant to it, the enforcement measures taken under the Directive 2009/125/EC of the European Parliament and the Council of 21 October establishing a framework for the setting of ecoconception requirements applicable to products related to the European Union regulations and^re".
Art. 13. In the same Act, an article 15quater is inserted, as follows:
"Art. 15quater. Without prejudice to the application of sections 15 and 15ter, officials and agents of the Directorate General Control and Mediation of the Federal Public Service Economics, P.M.E., Average Classes and Energy shall exercise, within their competence, control over compliance with the provisions of this Act, its enforcement orders and enforcement measures taken in the framework of the Directive 2009/125/EC of the European Parliament and the Council of 21 October establishing a binding
These officials exercise this control in accordance with Chapter 10 of the Act of 6 April 2010 on market practices and consumer protection. "
Art. 14. In the same law, an article 15quinquies is inserted, as follows:
"Art. 15quinquies. Without prejudice to the application of Article 15 and 15ter, officials referred to in Article 3 of the Royal Decree of 1^er December 1975, which regulates the general regulations on the road traffic police and the use of the highway, exercise, within their competence, control over the compliance with the provisions of this Act, its enforcement orders and Regulation (EC) 1222/2009 of the European Parliament and the Council of 25 November 2009 on the labelling of tyres in relation to fuel efficiency and other essential parameters, only in relation to this regulation.
These officials exercise this control in accordance with the Act of 21 June 1985 on the technical conditions to be met by any ground vehicle, its components and safety accessories. "
Art. 15. In Article 16, § 1^erParagraph 1^er of the same law, as amended by the law of 27 July 2011, the words " referred to in Article 15, § 1^erParagraph 1^er are replaced by the words "subject to Articles 15, § 1^erParagraph 1^er15quater, paragraph 1^er and 15quinquies, paragraph 1^er"
Art. 16. In the same law, an article 16bis is inserted, as follows:
"Art. 16bis. In the event of a breach of this Act, the orders made pursuant to this Act, the enforcement measures taken under the 2009/125/EC Directive and the European Union regulations set out in Annex I^re, the person who puts the product on the market is responsible for the costs of analysis, storage, withdrawal and destruction. »
Art. 17. In section 17 of the Act, last amended by the Act of 27 July 2011, the following amendments are made:
1° § 1^erParagraph 1^er, 1°, is supplemented by the words "with the exception of Article 5, § 1^erParagraph 1^er11°;
2° § 1^erParagraph 1^er, 2°, is replaced by the following:
“(2) the person who contravenes articles 7, § 2, 13, § 4, 13, § 10, 14, § 2, 16, § 1^er or 17, § 2, Regulation (EC) No 689/2008 of the European Parliament and Council of 17 June 2008 concerning the export and import of dangerous chemicals; »;
3° § 1^erParagraph 1^er, 6° and 7°, is replaced by the following:
"6° the person who opposes visits, inspections, seizures, sampling or the request for information made by members of the statutory or contractual personnel designated under sections 15, 15ter, 15quater and 15quinquies; »;
"7° the one who contravenes Articles 3, 4, 4bis or 6, §§ 2 and 3, Regulation (EC) No 648/2004 of the European Parliament and Council of 31 March 2004 on detergents; »;
4° § 1^erParagraph 1^er, is completed by 15° and 16°, written as follows:
"15° he who violates Article 4, §§ 1^er, 2 or 3, or Article 5 of Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 establishing the obligations of the operators that put wood and wood products on the market;
16° the one who breaks:
(a) Article 17, § 1^erArticle 47, § 1^erArticle 58, §§ 2 or 3, Article 62 § 1^erArticle 95, § 3 of Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the availability on the market and use of biocide products; or
(b) a decision by the European Chemicals Agency or the European Commission on one of the provisions referred to in (a); »;
5° § 2, 3°, is replaced by the following:
“Whoever breaches articles 7, §§ 4 or 7, 9, §§ 1^er 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^er or 3" are repealed;
7° § 2 is supplemented by the 11° and 12° written as follows:
"11° that which contravenes 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 in relation to fuel efficiency and other essential parameters;
12° the one who breaks:
(a) Article 17, § 5 or 6, Article 27, § 1^erArticle 31, § 3, Article 45, § 2, Article 56, § 1^er or 2, Article 58, §§ 4, 5 or 6, Article 59, § 3, Article 62, § 2, (a), Article 63, § 3, paragraph 3, Article 65, § 2, Article 68, § 1^erArticle 69, §§ 1^er or 2, Article 70, Article 72, §§ 1^er or 3 of Regulation (EU) No 528/2012 of the European Parliament and Council of 22 May 2012 concerning the availability on the market and use of biocide products; or
(b) a decision by the European Chemicals Agency or the European Commission on one of the provisions referred to in (a). »
8° it is inserted a paragraph 2sexies, as follows:
“§ 2sexies. shall be punished by a fine of 100 to 500 euros for any offence, that which contravenes articles 9, §§ 2, 4 or 9, or 10, §§ 1^er, 3 or 4, Regulation (EC) No 66/2010 of the European Parliament and Council of 25 November 2009 establishing the environmental label of the EU. »
Art. 18. In article 17bis, paragraph 1^er, of the same law, inserted by the law of March 28, 2003 and amended by the law of September 10, 2009, the words "in accordance with section 15" are replaced by the words "in accordance with sections 15, 15quater and 15quinquies".
Art. 19. In Article 18, § 2, of the Act, replaced by the Act of 10 September 2009, the following amendments are made:
1° the opening sentence "The members of the statutory or contractual personnel appointed by the King under Article 15, § 1^er send the record that records the offence" is replaced by the following:
"The members of the statutory or contractual personnel appointed by the King under Article 15, § 1^er and the officers designated in accordance with sections 15bis, 15ter, 15quater and 15quinquies shall send the record that records the offence."
2° in b), the words "Article 17, § 2" are replaced by the words "Article 17, §§ 2 and 2bis".
Art. 20. In sections 2, 3, 7, 17 and in the title of chapter III of the same law, the word "preparations" is replaced by the word "mixes".
Art. 21. Schedule I to the Act, as amended by the Acts of 28 March 2003, 27 December 2004, 20 July 2005, 1^er March 2007, 11 May 2007, 10 September 2009 and 27 July 2011 is supplemented by the following:
" Regulation (EC) No 1222/2009 of the European Parliament and Council of 25 November 2009 on the labelling of tyres in relation to fuel efficiency and other essential parameters
Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 establishing the obligations of the operators who put wood and wood products on the market
Regulation (EU) No 528/2012 of the European Parliament and the Council of 22 May 2012 concerning the provision on the market and the use of biocide products
Regulation (EC) No 66/2010 of the European Parliament and the Council of 25 November 2009 establishing the EU ecological label".
Art. 22. Schedule VII of the Act, inserted by the Act of 29 December 2010, is supplemented by the 12th and 13th grade, as follows:
"12° Regulation (EU) No 528/2012 of the European Parliament and the Council of 22 May 2012 concerning the availability on the market and use of biocide products;
13° Royal Decree of 2 February 1994 on the conservation, marketing and use of pesticides for agricultural use. »
CHAPTER 3. - Repeal of the Act of 14 July 1994 establishing the European Ecological Label Committee
Art. 23. The Act of 14 July 1994 establishing the European Ecological Label Committee is repealed.
Given in Brussels on 25 April 2014.
PHILIPPE
By the King:
Deputy Prime Minister and Minister of Economy, Consumers and the North Sea,
J. VANDE LANOTTE
Deputy Prime Minister and Minister of Social Affairs and Public Health,
Ms. L. ONKELINX
Minister of Average Classes, E.P., Independents and Agriculture,
Mrs. S. LARUELLE
The Minister of Employment,
Ms. M. DECONINCK
Minister of Finance,
K. GEENS
The Secretary of State for the Environment,
Mr. WATHELET