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27 MARCH 2014. - An Act to insert Book XVIII "Instruments of crisis management" into the Economic Law Code and to introduce the provisions of the law specific to Book XVIII, in Book XV of 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 the Economic Law Code, a book XVIII, written as follows:
"LIVRE XVIII. - Crisis management instruments
PART 1^er- Settlement in times of crisis
Art. XVIII.1. § 1^er. Where exceptional circumstances or events put or are likely to jeopardize all or part of the proper functioning of the economy, the Minister may prohibit, regulate or control the supply and delivery of services, import, production, manufacture, preparation, detention, processing, employment, distribution, purchase, sale, exhibition, presentation, offer for sale, delivery and transportation of the goods that he designates.
It may reserve the exercise of these activities to persons or businesses that it designates or close establishments whose activity appears to them superfluous or harmful.
It may reduce or suspend the supply of any person or business engaged in a regulated or controlled activity under paragraph 1^er when they refuse to execute the instructions addressed to them or, by their opposition, their negligence or for any other reason, they endanger all or part of the proper functioning of the economy.
The measures referred to in the preceding paragraphs are limited to what is strictly necessary to resolve or avoid economic difficulties that are or may be caused by exceptional circumstances or events. They are limited in time and may last longer than the circumstances or events mentioned above require.
§ 2. The ministerial decree taken on the basis of the preceding paragraph is confirmed as soon as possible by a royal decree, deliberated in the Council of Ministers.
If this order is not confirmed by the King, it is supposed to never have produced its effects
PART 2 . - Requisition in times of crisis
Art. XVIII.2. § 1^er. Where unforeseen circumstances or events put or are likely to jeopardize all or part of the proper functioning of the economy, the Minister may, in order to deal with an urgent collective necessity and in the absence of any other reasonable means at his disposal within a useful time, carry out or make the requisition against payment of the goods, to make them available either from the State or from public administrations or services, or from private individuals or institutions.
The Minister may, on retribution, impose any obligations that may be useful for the execution of such requisitions.
§ 2. Requisition of property under paragraph 1^er may be carried either on the objects themselves or on the establishment or equipment intended to produce, transform, transport, sell or hold them.
§ 3. In case of nullity, the order of requisition is formulated in writing and is signed by the Minister or his delegate.
He mentions the nature, duration of the requisition, the conditions under which the requisition must be carried out and, where applicable, the quantity of the products concerned.
The order of requisition shall be notified with acknowledgement of receipt by the agents provided for in Article XV.2 to the natural or legal person or owner, in any capacity, of the property required.
If necessary, the order of requisition may be verbally formulated and subsequently confirmed by the Minister in accordance with paragraph 1^er.
§ 4. The ministerial order by which the Minister proceeds or makes the requisitions referred to in the preceding paragraphs is confirmed as soon as possible by a royal decree, deliberated in the Council of Ministers.
If this order is not confirmed by the King, it is presumed to have never had any effect.
§ 5. The requisitions referred to in this title are not subject to the Act of 5 March 1935 concerning citizens called by voluntary or requisition to ensure the operation of public services in times of war or the regulations made on the basis of this Act.
PART 3. - Common provisions
Art. XVIII.3. The Minister may order any advertising action with respect to the obligations imposed under section XVIII.1 and section XVIII.2 or the performance of those obligations.
The officers referred to in Article XV.2 may be responsible for the execution of decisions made under this Title.
Art. XVIII.4. When applying the provisions of this book, producers and distributors may not refuse to satisfy, to the extent of their potential and in conditions consistent with commercial use, the demand for products, services rendered by distributors or consumers when they are not of an abnormal nature."
Art. 3. In Book XV, Title 2, Chapter 1^er, of the same Code, it is inserted a section 7, which reads as follows:
"Section 7. - Specific skills in the research and finding of offences in Book XVIII
Art. XV.28. In carrying out their duties, the agents referred to in Article XV.2 may:
1° notify requisitions regularly prescribed, execute or enforce them;
2° Require from the municipal administrations the means necessary for the exercise of their mission. For this purpose, the authorities may be required in the person of the mayor, one of the chevines, the municipal secretary or one of the local and federal police officers.
In particular, they may be required to receive the seized objects, to transport them and to be the custodians. "
Art. 4. In Book XV, Title 3, Chapter 2, of the same Code, a section 11/2 is inserted, as follows:
"Section 11/2. - Penalties relating to offences in Book XVIII
Art. XV. 125/24. A penalty of level 3 shall be imposed on those who commit an offence in Book XVIII and the decrees taken in execution of this book, as well as the provincial and communal magistrates, officials and agents of the State, the provinces and the communes, and the bodies that depend on it, who refuse to execute the decrees or instructions which are taken in execution of Articles XVIII.1 and XVIII.2, or which, by their opposition, hinder their execution or by their failure "
CHAPTER 3. - Abrogatory provisions
Art. 5. Sections 3 and 4 of the Act of 22 January 1945 on economic regulation and prices are repealed.
CHAPTER 4. - Transitional provisions
Art. 6. The regulatory provisions and sectoral or individual decisions, made in accordance with the provisions referred to in Article 5, remain applicable until they are expressly repealed.
CHAPTER 5. Attribution of skills
Art. 7. Existing royal laws or decrees referring to the repealed provisions referred to in section 5 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 repealed provisions referred to in section 5 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 6. - Entry into force
Art. 10. The King shall determine the date of entry into force of each of the provisions of this Act and of each of the provisions set out in this Act in the Economic Law Code.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 27 March 2014.
PHILIPPE
By the King:
Minister of Economy and Consumers,
J. VANDE LANOTTE
The Minister of Justice,
Ms. A. TURTELBOOM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) House of Representatives:
(www.lachambre.be)
Documents: 53-3291 - 2013/2014.
Full report: 13 February 2014.
Senate:
(www.senate.be)
Documents: 5-2485 - 2013/2014.
Annales of the Senate: March 13, 2014.