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4 AVRIL 2014. - An Act to insert Book XVI, "Miscellaneous Rules of Consumer Disputes" in the Economic Law Code (1)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - The Economic Law Code
Art. 2. In book I^erTitle 2, of the Economic Law Code, reads as follows:
"Chapter 11: Definitions of Book XVI.
Art. I.19. The following definitions are applicable to Book XVI:
1° professional association, organization or professional organization: association intended exclusively or principally for the study, protection and promotion of the professional or interprofessional interests of its members;
2° consumer dispute: any dispute between a consumer and a company relating to the performance of a contract of sale or service or the use of a product;
3rd Extrajudicial regulation of consumer disputes: any intervention by an entity created by the authorities or an independent private entity that proposes or imposes a solution or that brings the parties together for the settlement of a consumer dispute;
4° Qualified entity: any private entity or created by a public authority that proceeds with the extrajudicial settlement of consumer disputes, which is listed by the Federal Public Service Economics, P.M.E., Average Classes and Energy, prepares and communicates to the European Commission pursuant to Directive 2013/11/EU of the European Parliament and the Council of 21 May 2013 on the extrajudicial settlement of consumer disputes and amending Regulation (EC) No. 2006/22/2004 and Directive
Art. 3. In the same Code, a book XVI is inserted, as follows:
"Book XVI. - Extrajudicial regulation of consumer disputes
Part 1^er. General provision
Art. XVI.1. This book transposes:
1st Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on the extrajudicial settlement of consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC;
2° certain provisions of Directive 2006/123/EC of 12 December 2006 on services in the domestic market.
Part 2. Treatment of complaints by companies
Art. XVI.2. In order to allow the consumer to file a complaint directly with the company or to request information relating to the execution of a contract already concluded, the company shall provide the information referred to in Article III.74 and where such a service exists, the telephone and facsimile number and the e-mail address of the relevant service. This service cannot refer to the terms "ombuds", "mediation", "conciliation", "arbitration", "qualified entity" or "extrajudicial dispute resolution".
Art. XVI.3. The company responds to the complaints referred to in Article XVI.2 as soon as possible and is diligent in finding a satisfactory solution.
Art. XVI.4. § 1^er. When a company is held by law or by regulation or by a code of conduct to which it has subscribed as a result of its accession to an association, professional organization or professional order or because it has committed itself through its general or particular terms of sale, to use a procedure for extrajudicial settlement of consumer disputes, it shall inform the consumer in a clear, understandable and easily accessible manner.
§ 2. The information referred to in the preceding paragraph provides access to detailed information on the characteristics and conditions of use of these means of extrajudicial settlement of consumer disputes and includes the contact details and address of the entity's website or the qualified entities concerned.
Where applicable, this information is available on the website as well as under the general terms and conditions of sale of the company.
§ 3. Where a consumer dispute does not find a solution under Article XVI.3, within a reasonable time, the company shall, on its own initiative, provide the consumer with the information referred to in paragraphs 1^er and 2 shall indicate whether it is obliged to or ready to resort to an extrajudicial settlement of the consumer dispute by indicating the contact details of the competent entity. It is also communicated if this entity is a qualified entity.
This information is provided on paper or on another sustainable medium.
§ 4. The company is required to demonstrate compliance with the requirements set out in Articles XVI.2 to XVI.4, §§ 1^er and 2 and the accuracy of the information provided.
Title 3: The Consumer Mediation Service
Section 1^er. Establishment and missions
Art. XVI.5. A stand-alone public service with a legal personality, known as the "Service de Médiation pour le Consumption", which consists of a point of contact and a service for the extrajudicial settlement of consumer disputes.
Art. XVI.6. The Consumer Mediation Service is responsible for:
1° to inform consumers and businesses about their rights and obligations, in particular on the possibilities for alternative consumer dispute resolution;
2° to receive any request for an extra-judicial settlement of a consumer dispute and, if necessary, to forward it to another qualified entity competent in this matter, either to process it itself;
3° intervene himself in any request for extrajudicial settlement of a dispute for which no other qualified entity is competent.
Art. XVI.7. The Consumer Mediation Service prepares an annual report on the execution of its missions to the Minister's attention.
The King sets out the terms and content of the report.
Section 2. Operation
Art. XVI.8. § 1^er. The Consumer Mediation Service is managed and represented by a Steering Committee of the following 10 members:
1° the two members of the "Mediation Service for Telecommunications", as referred to in Article 43bis, § 1^erthe Act of 21 March 1991 on reform of certain economic public enterprises;
2° the two members of the "mediation service for the postal sector", as referred to in Article 43ter, § 1^erthe above-mentioned law;
3° the two members of the "Energy Mediation Service" referred to in Article 27, § 1^erthe Act of 29 April 1999 on the organization of the electricity market;
4° the two members of the "mediation service for railway passengers" referred to in Article 11, § 1^erthe Act of 28 April 2010 on various provisions;
5° the mediator of the "financial services mediation service" referred to in Article VII.216 of the Economic Law Code;
6° the mediator of the "mediation service of insurance" referred to in Article 302 of the Insurance Act of 4 April 2014.
A representative of the Federal Public Service Economie, P.M.E., Average Classes and Energy sits on the Steering Committee with an advisory vote and as long as decisions on the management of the mediation service for the consumer are on the agenda.
§ 2. The Steering Committee shall designate every two years, from among its members, a Chair and a Vice-Chair, who shall belong to the other linguistic role.
Each mediation service referred to in paragraph 1^er has two voices.
In the event of a vote-sharing, the President's voice is preponderant. If the President is prevented, he is replaced by the Vice-Chair.
§ 3. In accordance with the legal and regulatory provisions that apply, the Management Committee is competent to take any action and administration necessary for the management of the Consumer Mediation Service, with a view to carrying out its tasks referred to in Article XVI.6.
These include management actions, the approval of the annual policy plan, the development of the budget and the monitoring of its implementation, the development of annual accounts of revenues and expenditures, and the development of the staff plan.
§ 4. The Steering Committee may decide on its own initiative to consolidate the mediation services budgets listed in paragraph 1^erand the drafting of a strategic plan, an annual account and a common staff plan.
§ 5. The members of the Steering Committee form a college. In order to carry out the tasks of the Consumer Mediation Service, the Executive Committee may grant delegations to one or more of its members by collegial decision.
When a mediator, a member of the Steering Committee, is unable to perform his or her functions, or when the mediator's mandate has not been fulfilled or terminated for any reason, the other mediators, members of the Steering Committee, are entitled to temporarily exercise his or her powers.
Art. XVI.9. Members shall inform the Steering Committee without delay of any circumstances which may affect or may affect their independence or impartiality or give rise to a conflict of interest with either party to a procedure for the extrajudicial settlement of a consumer dispute under Article XVI.6, 3°.
To that end, the member concerned waives the participation in the deliberation of the Steering Committee or replaces the member concerned by another member.
Art. XVI.10. The Steering Committee shall establish rules of procedure that are submitted to the Minister for approval.
Art. XVI.11. The Consumer Mediation Service, for the purpose of carrying out its tasks referred to in Article XVI.6, is funded by:
1° part of the legal or regulatory "contributions to mediation fees" that are collected to finance the mediators referred to in Article XVI.8, § 1^erfor the financing of the mission referred to in Article XVI.6, 1°. Each of the relevant mediation services budgeted to the pro rata the share of the point of contact referred to in Article XVI.13, which it intends to use and pays this share to the Mediation Service for the Consumer;
2° a subsidy to the general expenditure budget.
Art. XVI.12. The Federal Public Service Economie, P.M.E., Average Classes and Energy, provides logistical and material resources to the Consumer Mediation Service. To this end, a service delivery contract will be concluded between the Consumer Mediation Service, the sectors concerned and the Federal Public Service Economy, ratified by the King.
Section 3. Jurisdiction
Section 1^re Information
Art. XVI.13. The Consumer Mediation Service provides a point of contact for information on the reciprocal rights and obligations of consumers and businesses, in particular on existing procedures for alternative dispute resolution.
Art. XVI.14. The Consumer Mediation Service makes its annual report available to the public on its website.
Section 2. Extrajudicial resolution of consumer disputes
Sub-section 1^re. Receipt of requests
Art. XVI.15. § 1^er. The Consumer Mediation Service receives any request for an extrajudicial settlement of a consumer dispute.
A request for an extrajudicial settlement of a consumer dispute may be filed with the Consumer Mediation Service by letter, fax, e-mail or on-site.
§ 2. When an application relates to a consumer dispute for which a qualified entity is competent, the Consumer Mediation Service shall forward the application to the consumer without delay.
It informs the applicant and communicates the contact information of the competent qualified entity. It also states that the transmission does not prejudge the admissibility of the application.
§ 3. When an application relates to a consumer dispute for which no qualified entity is competent, the Consumer Mediation Service itself handles the application.
Sub-section 2. Treatment of consumer disputes
Art. XVI.16. § 1^er. As soon as the Consumer Mediation Service has all the documents necessary for the examination of the application referred to in Article XVI.15, § 3, it shall inform the parties of the receipt of the full application and of the date of receipt.
§ 2. The Consumer Mediation Service refuses to process an application referred to in paragraph 1^er :
1° where the complaint is fancy, vexatious or defamatory;
2° where the complaint is anonymous or the other party is not identified or identifiable;
3° where the complaint has already been dealt with by a qualified entity in that case if it has refused to treat it on any of the grounds referred to in Article XVI.25, § 1^er, 7°, with the exception of point e);
4° where the complaint relates to the settlement of a dispute that has been or has already been brought to justice;
§ 3. The Consumer Mediation Service may refuse to process an application referred to in paragraph 1^er :
1° where the complaint in question has not been brought before the company concerned;
2° where the complaint has been filed for more than one year with the company concerned;
3° where the processing of the dispute would seriously impede the effective functioning of the Consumer Mediation Service;
§ 4. Within three weeks of receiving the full application, the Consumer Mediation Service shall inform the parties of its decision to continue or refuse the processing of the application. In case of refusal the decision is motivated.
Art. XVI.17. § 1^er. Within 90 calendar days of receipt of the full application, the Consumer Mediation Service shall communicate the outcome of the dispute resolution to the parties.
On an exceptional basis, this period can be extended, once, for a period equivalent to the fact that the parties are notified of the delay prior to the initial period and that this extension is motivated by the complexity of the dispute.
§ 2. When the Consumer Mediation Service has received a friendly settlement of the dispute, it closes the file and sends a written confirmation or other durable support to the parties.
If an amicable settlement cannot be obtained, the Consumer Mediation Service shall notify the parties in writing or on another sustainable medium and may at the same time make a recommendation to the relevant company, with a copy to the applicant.
If the company concerned does not follow this recommendation, it has a 30-day timeframe to convey its reasoned position to the Consumer Mediation Service and the applicant.
Art. XVI.18. § 1^er. The limitation periods of common law shall be suspended from the date of receipt of the full application referred to in Article XVI.16, § 1^er.
The suspension runs until the day the Consumer Mediation Service communicates to the parties:
- that the processing of the application is refused, pursuant to Article XVI.16, § 3;
- or, what is the result of the friendly settlement, pursuant to Article XVI.17, § 2.
§ 2. As soon as the company is informed of the receipt by the Mediation Service for the consumer of the full application, in accordance with Article XVI.16, § 1^ersuspends any recovery proceedings until the day referred to in paragraph 1^erParagraph 2.
Art. XVI.19. § 1^er. The Consumer Mediation Service may, as part of an application filed with the consumer, read on-site books, correspondences, reports and, in general, any document and written by the company concerned, which have a direct relationship with the subject matter of the application. It may request any explanations and information that may be relevant to the directors, agents and agents of the company, and may conduct any effective audit for the investigation.
§ 2. The Consumer Mediation Service may be assisted by experts.
Art. XVI.20. All information that the Consumer Mediation Service obtains in the context of an extrajudicial settlement of a consumer dispute is treated in a confidential manner.
They can only be used as part of the extrajudicial settlement of disputes, with the exception of their treatment for the annual report.
Art. XVI.21. The processing of an extra-judicial dispute resolution request by the Consumer Mediation Service is free of charge.
Section 4. Staff of the Consumer Mediation Service
Art. XVI.22. The King may, by royal decree deliberated in the Council of Ministers, transfer to the Mediation Service for the Consumer the staff employed by the mediation services referred to in Article XVI.8, and set out the special modalities in this regard.
This transfer is carried out with full maintenance of their rights and administrative and monetary seniority.
Art. XVI.23. § 1^er. Staff members who are associated with alternative dispute resolution procedures under Article XVI.6, 2° and 3° have sufficient knowledge in the area of consumer dispute resolution.
The King may specify the rules for the application of the preceding paragraph.
§ 2. Staff referred to in paragraph 1^er communicate promptly to the Steering Committee referred to in Article XVI.8, § 1^erany circumstance likely to affect or be considered to affect their independence and impartiality or to give rise to a conflict of interest with either party in a procedure for the extrajudicial settlement of a consumer dispute to which they are associated.
Part 4. Extrajudicial dispute resolution entities
Art. XVI.24. § 1^er. The Federal Public Service Economie, P.M.E., Average Classes and Energie sets out the list of entities that proceed with the extrajudicial settlement of consumer disputes and that meet the requirements of Article XVI.25 and publishes it on its website.
This list is communicated to the European Commission.
§ 2. The entity wishing to appear on the list referred to in paragraph 1^er addresses an application to the Federal Public Service Economy, P.M.E., Average Classes and Energy. This request contains all the data necessary to demonstrate that it is satisfied with the conditions listed in Article XVI.25, § 1^er.
§ 3. When an entity reverts to the list referred to in paragraph 1^er no longer meets the conditions of this title, it is removed from the list. The entity is heard before being eventually removed from the list.
Art. XVI.25. § 1^er. The conditions for a qualified entity are as follows:
1° the entity is independent and impartial;
2° the physical persons responsible for the extrajudicial settlement of consumer disputes within the entity have the necessary skills;
3° the entity is transparent in terms of its composition, procedural regulations, funding and activities;
4° the entity is, both online and offline, easily accessible to the parties, regardless of where they are located, and without having to appeal to a legal representative;
5° procedures are free or at reduced cost to consumers;
6° the procedure rules specify sufficiently when the entity considers an application to be complete;
7° the rules of procedure set out in a comprehensive manner the grounds for refusal to process an application for an extrajudicial settlement of a consumer dispute. These can only be based on the following:
(a) no complaint has been filed beforehand with the company concerned;
(b) the request is anonymous or the other party is not identified or readily identifiable;
(c) the application shall be filed after the time limit set out in the entity's Rules of Procedure; this period may not be less than one year from the date of the submission of the dispute to the company concerned;
(d) the application is fancy, vexatious or defamatory;
(e) the application does not fall within consumer disputes for which the entity is competent;
(f) although the application is subject to consumer disputes for which the entity is competent, the amount or estimated value of the application is less than or greater than the thresholds set out in the entity's Rules of Procedure;
(g) the application is for the settlement of a dispute that has been or has already been brought to justice;
(h) where the processing of the dispute would seriously impede the effective functioning of the qualified entity;
8° the Rules of Procedure specify that the entity shall, within three weeks after receipt of the full application, communicate to the parties its decision to continue the processing of the application; in case of refusal, the decision is motivated;
9° the rules of procedure specify that the settlement of disputes shall be done within a period of noon calendar days following receipt of the full application; on an exceptional basis, this period can be extended, once, for a period equivalent to the fact that the parties are informed of the delay prior to the initial period and that this extension is motivated by the complexity of the dispute;
10° a possible threshold as referred to in point 7°, (f), may not be such as to exclude an unreasonable number of consumer disputes;
11° the procedure provides each party with the opportunity to express their views and to learn of the arguments and the facts advanced;
12° the entity guarantees the confidentiality of the information provided by the parties;
13° each party is informed in writing or on a sustainable basis of the outcome of the proceedings in a reasoned manner.
§ 2. In addition to the conditions referred to in paragraph 1^er, qualified entities comply with the provisions of articles 1676 to 1723 of the Judicial Code when applying arbitral proceedings.
§ 3. The King may specify the conditions listed in paragraph 1^er in order to ensure the accessibility of qualified entities, their competence, independence, impartiality, transparency, efficiency and fairness and the freedom of the parties.
Art. XVI.26. Persons in charge of an alternative dispute resolution procedure shall promptly communicate to the qualified entity and/or to the parties concerned any circumstance that may affect or be considered to affect their independence and impartiality or give rise to a conflict of interest with either party.
The King specifies the rules of application of the preceding paragraph.
Art. XVI.27. § 1^er. As soon as a qualified entity has received a full request for extrajudicial settlement, the statutory limitation periods are suspended.
The suspension runs until the day the qualified entity communicates to the parties:
- that the processing of the application is refused, pursuant to Article XVI.25, § 1^er8°;
- or, what is the result of the friendly settlement, pursuant to Article XVI.25, § 1^er13°.
§ 2. As soon as the company is informed that the qualified entity has received a full request for alternative settlement, the recovery procedure introduced by the undertaking is also suspended, until the day referred to in paragraph 1^erParagraph 2.
Art. XVI.28. In order to ensure effective and transparent treatment of requests for alternative dispute resolution, the King may take steps to:
- coordinating and supporting qualified entities;
- create qualified entities. "
Art. 4. In Book XV, Title 3, Chapter 2, of the same Code, a section XI is inserted as follows:
"Section XI. Sanctions for offences in Book XVI.
Art. XV.127. § 1^er. A sanction of level 2, those who violate articles XVI.2 to XVI.4, §§ 1^er and 2.
§ 2. A sanction of level 3, those who, in bad faith, violate articles XVI.2 to XVI.4, §§ 1^er and 2.
Art. 5. By derogation from section 2 of the law of 1^er April 1971, establishing a Buildings Board, the Buildings Board is authorized to take charge of the cost of renting the building occupied by the Consumer Mediation Service referred to in Article XVI.5 of the Economic Law Code.
CHAPTER 3. - Abrogatory provision
Art. 6. Articles 1^er to 4, 25 to 28, and 50 to 53 of the Act of 26 March 2010 on services are repealed.
CHAPTER 4. Attribution of skills
Art. 7. Existing royal laws or decrees referring to the provisions referred to in Article 6 are presumed to refer to the equivalent provisions of the Economic Law Code, as set out in this Act.
Art. 8. The King may replace references in existing laws or decrees to the provisions referred to in Article 6 with references to the equivalent provisions of the Economic Law Code, as set out in this Act.
Art. 9. The King may coordinate the provisions of the Economic Law Code, as set out in this Act, with the provisions that would have expressly or implicitly amended them at the time the coordination is established.
To this end, He may:
1° amend the order, numbering and, in general, the presentation of the provisions to be coordinated;
2° amend the references contained in the provisions to be coordinated with a view to aligning them with the new numbering;
3° amend the drafting of the provisions to be coordinated in order to ensure their consistency and to unify the terminology without prejudice to the principles set out in these provisions.
CHAPTER 5. - Entry into force
Art. 10. Article I.19 of the Code of Economic Law, inserted by Article 2 of this Law, Articles XVI.1 to XVI.5, XVI.8, XVI.10 to XVI.12, XVI.22, XVI.23, § 1^er, of the Economic Law Code inserted by Article 3 of this Law, and Articles 4 to 10 of this Law, come into force the day after the publication of this Law to the Belgian Monitor.
The King shall determine the date of entry into force of the other provisions of Book XVI of the same Code, as set out in this Act.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 4 April 2014.
PHILIPPE
By the King:
Minister of Economy and Consumers,
J. VANDE LANOTTE
Minister of the Interior and Equal Opportunities,
Ms. J. MILQUET
The Secretary of State for Mobility,
Mr. WATHELET
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
House of Representatives:
(www.lachambre.be)
Documents: 53-3360 - 2013/2014
Full report: 19 and 20 March 2014.
Senate:
(www.senate.be)
Documents: 5-2766 - 2013/2014.
Annales of the Senate: March 27, 2014.