Posted the: 2014-04-29 Numac: 2014011220 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES average and energy March 27, 2014. -Law on insertion of the book XVIII "Instruments of crisis management" in the Code of law economic and on insertion of the enforcement provisions to the book XVIII, in book XV of the Code of law economic (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -The Code of economic law art.
2 the Code of economic law is inserted in a book XVIII, as follows: "book XVIII.
-Crisis management instruments 1 title. -From the regulation in times of crisis s. XVIII.1. § 1. When circumstances or exceptional events are or are likely to endanger any part of the proper functioning of the economy, the Minister may prohibit, regulate or control the offer and service delivery, import, production, manufacture, preparation, detention, processing, employment, distribution, purchase, sale, exhibition, presentation, offered for sale, shipping and transportation of the products it denotes.
It can reserve the exercise of these activities to companies or persons designated by him or close establishments whose activity their appears superfluous or harmful.
It may reduce or suspend the supply of all persons or undertakings engaged in a regulated activity or controlled under 1 paragraph when they refuse to execute instructions addressed to them or by their opposition, their negligence or for any other reason, they endanger any 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 the economic difficulties that are or may be caused by circumstances or exceptional events. They are limited in time and may not last longer than the circumstances or above events require.
§ 2. Ministerial order made on basis of the previous paragraph, is confirmed as soon as possible by a royal decree, deliberate in Council of Ministers.
If this order is not confirmed by the King, it is supposed to never having produced its effects title 2. -Of the requisition in times of crisis s. XVIII.2. § 1. When circumstances or unforeseen events are or are likely to endanger any part of the proper functioning of the economy, the Minister may, to deal with an urgent collective necessity and in the absence of any other reasonable means at its disposal within a useful period, proceed or carry out the request against payment of the products, to make available to the State , either from Government or public services or private persons or institution.
For a fee, the Minister may impose all obligations relevant for the execution of these requisitions.
§ 2. The requisition of property provided for in paragraph 1 may carry on the objects themselves, either on the facility or equipment intended to produce, transform, transport them, put them on sale or detain them.
§ 3. Under penalty of nullity, the requisition order is formulated in writing and is signed by the Minister or his delegate.
He mentions the nature, the duration of the requisition, the conditions under which the requisition should be executed and, where applicable, the quantity of products concerned.
Requisition order is notified with acknowledgment of receipt by agents provided for in article XV.2 to the natural person or morals or possessor, in what capacity, required goods.
If necessary, the requisition order can be formulated orally and subject to further confirmation by the Minister, in accordance with paragraph 1.
§ 4. Ministerial order whereby the Minister proceeds or conducted requisitions referred to in the preceding paragraphs, is confirmed as soon as possible by a royal decree, deliberate in Council of Ministers.
If this order is not confirmed by the King, it is presumed to have never had effect.
§ 5. The requirements referred to in this title are not subject to the law of 5 March 1935 called by voluntary commitment or requisition citizens to ensure the functioning of public services in time of war or regulations made on basis of this law.
TITLE 3. -Provisions Commons article
XVIII.3. the Minister may order any measure of publicity about the obligations imposed under article XVIII.1 and article XVIII.2 or the fulfilment of these obligations.
The officers referred to article XV.2 may be responsible for the implementation of decisions under this title.
XVIII.4. during the implementation of the provisions of the present book, producers and distributors can refuse to meet, to the extent of their possibilities and conditions in accordance with commercial usage to applications of products of services made by distributors or consumers when they have no abnormal character."
S. 3. in book XV, title 2, Chapter 1, of the Code there shall be inserted a section 7, as follows: "Section 7. -Special skills in research and finding of infringements in book XVIII s. XV.28. in the exercise of their mission, the officers referred to article XV.2 may: 1 ° notify the requisitions regularly prescribed run or have run;
2 ° require municipal governments the means necessary for the exercise of their mission. To this end, Governments may be required in the person of the Mayor, aldermen, the municipal Secretary or one of the local and federal police officers.
They may in particular be required to receive the items seized, to transport and to be custodians."
S. 4. in book XV, title 3, Chapter 2, of the Code there shall be inserted a section 11/2, as follows: "Section 11/2. -The penalties relating to offences in book XVIII s.
XV. 125/24. Are punished by a sanction of the level 3 those who commit an offence in book XVIII and orders made pursuant to this book, so that the provincial and communal, judiciary officials and agents of the State, provinces and municipalities as well as organizations that depend on it, who refuse to execute orders or instructions which are made pursuant to articles XVIII.1 and XVIII.2 ", or which, either by their opposition, either by their negligence, hinder this execution."
CHAPTER 3. -Provisions repealing art. 5. articles 3 and 4 of the law of 22 January 1945 on economic regulation and prices are repealed.
CHAPTER 4. -Provisions transitional art.
6. the regulatory provisions and the sectoral or individual, decisions taken in pursuance of the provisions referred to in article 5 shall continue to apply until their express repeal.
CHAPTER 5. -Allocation of competencies art. 7. any laws or existing decrees which make reference to the repealed provisions referred to in article 5 are presumed to refer to the equivalent provisions of the Code of economic law, as that inserted by this Act.
S. 8. the King may replace such references in the laws or existing orders to the repealed provisions referred to in article 5 with references to the equivalent provisions of the Code of economic law, as inserted by the Act.
S. 9. the King can coordinate the provisions of the Code of economic law, as that inserted by this law, with provisions that would have expressly or implicitly modified at the time where the coordination will be established.
To this end, it may: 1 ° modify the order, numbering and, in general, the presentation of the provisions to coordinate;
2 ° amend the references contained in the provisions to coordinate to put them in line with the new numbering;
3 ° amend the drafting of the provisions to coordinate to ensure consistency and to unify the terminology without that it can be infringed the principles embodied in these provisions.
CHAPTER 6. -Entry into force art. 10. the King sets the date of entry into force of each of the provisions of this Act and each of the provisions inserted by this law in economic law.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels on March 27, 2014.
PHILIPPE by the King: the Minister for the economy and consumers, 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) House of representatives: (www.lachambre.be) Documents: 53-3291-2013/2014.
Full report: February 13, 2014.
Senate: (www.senate.be) Documents: 5-2485-2013/2014.
Annals of the Senate: March 13, 2014.