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27 MARCH 2014. - Miscellaneous Electronic Communications (I) Act

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - Object
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
This Act constitutes the partial transfer in Belgian law of:
1° Directive 2002/21/EC on a common regulatory framework for electronic communications networks and services;
2° Directive 2002/22/EC on universal service and user rights in relation to electronic communications networks and services;
3° Directive 2002/58/EC on the processing of personal data and the protection of privacy in the electronic communications sector.
CHAPTER 2. - Amendments to the Act of 17 January 2003 relating to the status of the regulator of the Belgian postal and telecommunications sectors
Art. 2. In section 14 of the Act of 17 January 2003 relating to the status of the regulator of the Belgian postal and telecommunications sectors, as amended by the Acts of 20 July 2005, 16 March 2007, 18 May 2009, 13 December 2010 and 10 July 2012, the following amendments are made:
1° in paragraph 1^erthe following amendments are made:
(a) the 3rd is supplemented by the words ", and Regulation (EU) No. 611/2013 of the Commission of 24 June 2013 concerning measures relating to the notification of personal data violations under the Directive 2002/58/EC of the European Parliament and the Council on Privacy and Electronic Communications";
(b) a 4° /1 is inserted as follows:
"4° /1 in the event of a dispute between providers of networks, services or telecommunications equipment or in the event of a dispute between postal operators, or in the case of a dispute between service providers or electronic communications networks or broadcasting organizations referred to in the Act of 30 March 1995 concerning electronic communications networks and services and audio-visual media services in the bilingual region of Brussels-Capital, the decision-making period concerned,
2° paragraph 2, paragraph 1^er, 3°, is completed by (h) and (i), as follows:
"h) the Privacy Commission;
(i) the Federal Public Service responsible for statistics and economic information. ".
Art. 3. In section 16 of the Act, as amended by the Act of 10 July 2012, the following amendments are made:
1° in paragraph 1^er, the phrase "He may seize records." is repealed;
2° Paragraph 2 is supplemented by the words "as well as for substances referred to in Articles 11, § 1^er, 2° and 39, § 1^erthe Electronic Communications Act of 13 June 2005 to one or more members of level A staff".
Art. 4. Article 17, § 2, of the same law is supplemented by two paragraphs written as follows:
"The special mission of the holder of a particular mission must focus on strategic matters. By "particular mission" means the temporary designation to a full function that sets requirements in terms of expertise and requires a manifest experience of a strategic type.
The holder of a particular mission may use the Institute's services to assist in carrying out its tasks. ".
Art. 5. In section 21 of the Act, as amended by the Act of 10 July 2012, the following amendments are made:
1° in paragraph 1^er, the words "if any" are inserted between the words "he makes part" and the words "of his grievances";
2° to paragraph 5, the following amendments are made:
(a) in paragraph 1^er, the words "he orders to correct it, either immediately, or within the reasonable time that it provides." are replaced by the words "he may adopt, in one or more decisions, one or more of the following:
1 the order to remedy the offence, either immediately, or within the reasonable time that it provides, provided that the offence has not ceased;"
(b) in paragraph 2, the words "The order to remedy may be accompanied by one or more of the following:" are repealed;
(c) in paragraph 2, the number "1°" is replaced by the number "1° /1".
Art. 6. Section 22 of the Act, as amended by the Act of 31 May 2011, is repealed.
Art. 7. In section 23 of the Act, as amended by the Acts of 18 May 2009 and 10 July 2012, paragraph 2 is supplemented by the words "or cancellation of his appointment".
Art. 8. In article 24, paragraph 1^er, of the same law, as amended by the Act of 16 March 2007, the words "26 December 1956 on postal service" are replaced by the words "6 July 1971 creating bpost and certain postal services".
Art. 9. In section 34, paragraph 4, of the Act, the following amendments are made:
1st the second sentence is supplemented by the words ", as well as a report on the control referred to in Article 21."
2° the third sentence is supplemented by the words "no later than 1^er June of the following year. ".
CHAPTER 3. - Amendments to the Act of 13 June 2005
Electronic Communications
Art. 10. In section 2, 22°, of the Act of 13 June 2005 on electronic communications, as amended by the Act of 10 July 2012, the words "and access to emergency services" are repealed.
Art. 11. In Article 9, § 7, of the same Act, inserted by the Act of 20 July 2006 and amended by the Act of 4 February 2010, the following amendments are made:
1° in paragraph 1^er, the words ", in view of the search by the mediation service for telecommunications of the identity of persons who have carried out a malicious use of a network or an electronic communications service" are inserted between the words "to emergency services" and the words "as well as for the purpose of accomplishment";
2° in paragraph 2, the words "the caller" are replaced by the words "the end user".
Art. 12. In section 15 of the Act, a paragraph is inserted before paragraph 1^{er :}
"It is forbidden to cause harmful interference. ".
Art. 13. Article 18, § 1^erin the same Act, as amended by the Act of 10 July 2012, the following amendments are made:
1° 3°, 8° and 9° are repealed;
2° the paragraph is supplemented by a 10°, as follows:
"10° where applicable, the conditions for compensation of previous users of the frequency band concerned."
3° the paragraph shall be supplemented by a paragraph which reads as follows:
"By derogation from paragraph 1^er, the Institute sets out the conditions for obtaining and exercising the rights of use of radio frequencies used entirely or partially for electronic communications services offered to the public that relate to:
1° the technical and operational conditions necessary to avoid harmful interference and to limit public exposure to electromagnetic fields;
2° the obligations resulting from relevant international agreements relating to the use of radio frequencies;
3° specific obligations for experimental use of radio frequencies. ".
Art. 14. In section 25 of the Act, as amended by the Act of 10 July 2012, the following amendments are made:
1° Paragraph 2 is supplemented by two paragraphs, which read:
"The operators shall take the necessary measures to ensure that the stability and height of the pylons of the antenna sites they construct, as well as other parts of the antenna sites, build or modify, are appropriate to the shared use with other operators who have requested it, except where it is impossible for reasons that are recognized by the Institute. The Institute can impose shared use taking into account the principle of proportionality.
Where applicable, the Institute may impose the measures it considers necessary for the preservation of the general interest and for a rapid system for the exchange of information on sites and their shared use. ";
2° to paragraph 4, the following amendments are made:
(a) paragraph 3 is supplemented by the words ", on the basis of an agreement whose terms are reasonable, proportional and non-discriminatory. ";
(b) the paragraph shall be supplemented by a paragraph, which reads as follows:
"In the event of disagreement, the Institute may issue an opinion on the reasonable, proportional and non-discriminatory nature of the proposed agreement. ";
Paragraph 5 is replaced by the following:
§ 5. Operators negotiate an agreement on the shared use of antenna sites, whose terms are reasonable, proportionate and non-discriminatory.
Operators may not refuse the shared use of an antenna site to other operators only for reasons that are recognized as duly justified by the Institute.
Any refusal may be assessed by the Institute upon request of the original applicant filed by registered mail within 15 working days from receipt of the refusal.
The Institute has two months from receipt of the application to assess the unjustified nature of the refusal. If the Institute fails to make a decision within this period, the application is considered to have been validly rejected. ";
Paragraph 7 is supplemented by a paragraph, which reads as follows:
"In contracts that operators enter into with third parties referred to in paragraph 1^er, any clause that would prohibit or make more difficult the shared use of the site in question to one or more other operators, including any clause to impose a condition of reciprocity in any form, is void. ".
Art. 15. In section 26 of the Act, as amended by the Act of 18 May 2009, the following amendments are made:
1° to paragraph 1^erthe following amendments are made:
(a) the paragraph is supplemented by the words "and the Institute";
(b) in the Dutch text, the words "in het Instituut" are inserted between the words "of overige operatoren" and the words "hiervan op de hoogte";
2° two subparagraphs, as follows, are inserted between subparagraphs 1^er and 2:
"Where applicable, the first operator is required, before filing the application for an urban planning permit, to negotiate the technical and financial conditions of the common use of the antenna site concerned with other operators and to conclude an agreement, in accordance with the principles set out in Article 25, § 5.
After entering into this agreement, the operators concerned must jointly apply for urban planning permits to the competent authorities. ";
3° old paragraph 2, becoming paragraph 4, is replaced by the following:
"In the month following the notification, the other operators transmit to the first operator their intention of shared use of the relevant antenna site or part of this site. ".
Art. 16. Section 28, of the Act, as amended by the Act of 10 July 2012, is replaced by the following:
"Art. 28. Without prejudice to section 25, the Institute may, after conducting a public consultation:
1° requiring an operator to make reasonable requests for access to other sites other than those mentioned in Section 1^re, including buildings that are not antenna sites within the meaning of Section 1^re, their access, wiring, support constructions, furnaces, pipes, visiting rooms, street cabins;
2° to require any person who owns or operates wires of electronic communications networks located inside a building to make reasonable requests for access to such cables from an operator, where their duplication would be economically ineffective or physically unrealistic.
This access is realized in the building or at the first point of concentration or distribution if it is located outside the building, avoiding any risk of mutual disturbance.
An access agreement is concluded, as the case may be, between the operators mentioned in paragraph 1^er1°, either between the owner or operator of the cables and the operator referred to in paragraph 1^erTwo. This agreement determines the technical and financial conditions of access.
Each convention ensures that access is provided in objective, transparent and non-discriminatory conditions. It is communicated to the Institute at its request. ".
Art. 17. In Article 30, § 1^er/3, of the same law, a paragraph is inserted between paragraphs 3 and 4:
"The operator may, no later than 15 November of each year, notify the Institute of its willingness to free itself by a single payment of the balance of the single royalty. The operator shall pay the balance on or before December 15 of that same year on the basis of a deposit made by the Institute.".
Art. 18. In section 34 of the Act, as amended by the Act of 20 July 2006, the following amendments are made:
1° the words "radiators if these are:" are replaced by the words "radiators, holders of the highest authorization, if these equipment are:";
2° the article is completed by the 8° and 9°, written as follows:
"8° equipment held for collection or exhibition purposes, provided that they are subject to prior authorization from the Institute;
9° equipment not yet available on the market or using new technologies, provided they are subject to prior authorization from the Institute.".
Art. 19. Article 36, § 1^erthe same law shall be supplemented by a paragraph, which reads as follows:
"A manufacturer or a person responsible for placing equipment on the Belgian market cannot prevent or complicate without technical reasons the connection of this equipment to all appropriate interfaces to that effect and must use radio frequencies for which rights of use are granted by the Institute in accordance with Article 18."
Art. 20. Section 39 of the Act, as amended by the Act of 20 July 2006, is supplemented by a paragraph 5, which reads as follows:
§ 5. The King may impose a successful examination for the use of certain categories of transmitters. He may delegate to the Institute the setting of conditions and the practical organization of these examinations.".
Art. 21. In section 59 of the Act, amended by the Act of 19 May 2009 and by the Act of 10 July 2012, the following amendments are made:
Paragraphs 4 and 5 are replaced by the following:
§ 4. Any new reference offer is, prior to its publication, approved by the Institute, which may impose the necessary modifications.
§ 5. The Institute may require that the reference offer be subject to the amendments it considers necessary to impose the measures provided for in this Act.";
2° the article is supplemented by paragraphs 6 and 7, as follows:
§ 6. When the author of a reference offer wishes to amend it, he shall notify the Institute of the desired change at least 90 days before the expected date of entry into force.
In this period, the Institute may notify the author of the amendment of the reference offer that it will make a decision on the desired amendment. This notification suspends the entry into force of the desired amendment.
The Institute may impose any modifications that it deems necessary or refuse the desired modification.
The Institute provides for the entry into force of the amendment in its decision.
§ 7. The reference offer is available free of charge, in electronic form, on a freely accessible website. The Institute determines the terms of this publication and the information to be provided to the recipients of the reference offer.
The issuance of a reference offer does not impede reasonable access requests not provided for in this offer. ".
Art. 22. In section 100, paragraph 1^er, of the same law, as amended by the law of April 25, 2007, the words "of office" are repealed.
Art. 23. In section 101, paragraph 2, of the Act, the second paragraph shall be replaced by the following:
"2° to the amount fixed at the end of the open designation procedure, indexed by applying the health index, for any provider designated under an open designation mechanism, provided that this amount does not exceed the result of the calculation of the net cost by the Institute in accordance with section 100. If, at the end of the calculation determined in section 100, the Institute finds that the amount fixed at the end of the open procedure is greater than the net cost calculated in accordance with the method of the schedule, the amount of the allowance shall be reduced to the amount so fixed by the Institute, indexed by applying the health index. ".
Art. 24. In section 107 of the Act, as amended by the Acts of 18 May 2009, 31 May 2009, 14 November 2011 and 10 July 2012, the following amendments are made:
1° in paragraph 1^er/1, the following modifications are made:
(a) in paragraph 5, the words "take, where appropriate, in coordination with the undertakings that provide the underlying public electronic communications networks, all reasonable and necessary measures, including preventive measures, to promote uninterrupted access to emergency services" are replaced by the words "access to emergency services";
(b) paragraph 6 is repealed;
(c) in paragraph 7, the words "the Institute defines the way" are replaced by the words "the Institute can define the way";
2° to paragraph 2, the following amendments are made:
(a) paragraph 1^er is replaced by the following:
"The operators concerned by an emergency call to an emergency service offering on-site assistance, if necessary by coordinating with each other, provide the emergency service management stations, as soon as the call reaches them and free of charge, the caller's identification data. ";
(b) paragraph 4 is supplemented by the following:
"The Institute can define, in consultation with the relevant emergency services, the criteria for the accuracy and reliability of the caller's location data provided. ";
3° in paragraph 2/1, paragraph 2 is replaced by the following:
"These texts are assimilated to emergency calls."
Art. 25. Article 108, § 1^er, e), of the same law, is supplemented by a dash written as follows:
"- facilities provided under, as the case may be, the code of conduct referred to in section 121/1, or the order referred to in section 121/2, as well as the manner in which such facilities may be requested. ".
Art. 26. In section 110, § 4, of the same law, as amended by the laws of 27 December 2005 and 31 May 2011, the following amendments are made:
1st paragraph 1^er is completed by the words "calculated during the period determined by the Institute. When the operator communicates the most favorable rate plan to the subscriber, it also adds, in the manner desired by the subscriber, according to the terms set by the Institute, the consumption profile data used for this purpose. ";
2° 3 subparagraphs, as follows, are inserted between paragraphs 1^er and 2:
"For Internet access products, it is necessary to indicate the tariff plans to process the volume of data downloaded from the user profile, possibly at a lower price, even when this tariff plan goes hand in hand with a lower download speed. For each of the above-mentioned tariff plans, it is also necessary to indicate the download speed, other relevant features and possible consequences when the customer subscribes to a combined offer.
In the case of a subscriber who has subscribed to a two or more tariff plans for various services, such as fixed telephone, mobile services, high-speed Internet access and/or television services, it is necessary, if any, to indicate as a tariff plan a combined offer integrating these different services into a single rate plan, where this combined offer is less expensive than the sum of the separate customer plans.
After conducting a public consultation, the Institute sets out the terms of the obligations set out in the two preceding paragraphs within three months. The Institute provides for a period of not less than six months after the publication of the above-mentioned terms and conditions for the implementation of the aforementioned obligations. ".
Art. 27. In section 110/1 of the same Act, inserted by the Act of 10 July 2012, the first sentence is supplemented by the words "calculated during the period determined by the Institute".
Art. 28. In Article 111, § 3, of the Act, replaced by the Act of 10 July 2012, paragraph 2 is supplemented by the following sentence:
"The Institute determines the period to be taken into consideration in calculating the user profile, the format and method whereby the consumer and the end user can read their user profile.".
Art. 29. In the same Act, an article 111/4 is inserted, which reads as follows:
"Art. 111/4. The consumer has the right to change the tariff formula with the same operator at least once a year, without charge and without compensation. If the consumer makes use of this right in respect of a contract for a single separate electronic communications service or in respect of a combined offer of electronic communications services, and does not change the number of electronic communications services it receives, the duration of the current contract at that time remains of application, notwithstanding any contractual provision to the contrary. ".
Art. 30. In section 114 of the Act, replaced by the Act of 10 July 2012, the following amendments are made:
1° in paragraph 1^erParagraph 2 is repealed;
2° in paragraph 4, paragraph 1^er, the phrase "Software providers for electronic communications are also obliged to do so with their customers." is repealed.
Art. 31. In section 114/1 of the Act, inserted by the Act of 10 July 2012, the following amendments are made:
1° in paragraph 3, the following amendments are made:
(a) in paragraph 1^er, first sentence, the words "In the event of a breach of the security of an electronic communications service accessible to the public with respect to personal data" are replaced by the words "In the event of a violation of personal data";
(b) in paragraph 1^er, first sentence, the words "the Institute" are replaced by the words "the Privacy Commission";
(c) in paragraph 1^er, the first sentence is supplemented by the words ", which promptly warns the Institute";
(d) paragraph 1^er is supplemented by the phrase "The Privacy Commission examines whether the company complies with this obligation and informs the Institute when it considers that this is not the case.";
(e) in paragraph 3, the words "on the request of the Privacy Commission," are inserted between the words "the Institute can," and the words "after having examined";
(f) in paragraph 4, the words "the Institute" are replaced by the words "the Privacy Commission";
2° to paragraph 4, the following amendments are made:
(a) in paragraph 1^er, the words ", the format applicable to this notification and its transmission procedure" are repealed;
(b) a paragraph to read is inserted between subparagraphs 1^er and 2:
"Subject to possible technical measures of application from the European Commission in accordance with Article 4, item 5, of Directive 2002/58/EC, and after the advice of the Institute, the Privacy Commission may adopt guidelines and, where appropriate, issue instructions specifying the format applicable to this notification and its transmission procedure. ";
(c) in paragraph 2 of the previous paragraph, becoming paragraph 3, the words "so that the Institute can verify compliance with the provisions of that paragraph" are replaced by the words "so that the Privacy Commission and the Institute can verify compliance with the provisions of paragraph 3".
Art. 32. In article 121/1, 1°, of the same law, the words "six months" are replaced by the words "ten-eight months".
Art. 33. Article 122, § 3, paragraph 1^erthe following amendments are made to the Act:
1° the words "and to establish the user profile referred to in article 110, § 4, paragraph 1, article 110/1 and article 111, § 3, paragraph 2", are inserted between the words "clean electronic communications services" and the words "or traffic data or location data services";
2° in the 4th, the words "for the establishment of the plan of use referred to in Article 110, § 4, paragraph 1^er, article 110/1 and article 111, § 3, paragraph 2" are inserted between the words "or localization in question" and the words "or for the marketing action in question".
Art. 34. In Article 125, § 1^er, 4°, of the same law, as amended by the law of 10 July 2012, the words ", of the Crown Prosecutor, at the request of the officer of the service referred to in article 3, 8°, of the organic law of 30 November 1998 of the intelligence and security services," are inserted between the words "an investigating judge" and the words "and/or within the framework".
Art. 35. Article 127, § 1^erin the same Act, as amended by the Act of 4 February 2010, the following amendments are made:
1° in paragraph 1^er, 2°, the words "the caller" are replaced by the words "the end user";
2° in paragraph 2, the words "the method of determining the contribution in the costs of investment, operation and maintenance of these measures that is at the expense of the operators of networks and electronic communications services," are replaced by the words "the tariffs that distribute the collaboration of the operators to the operations referred to in paragraph 1^er2°.
Art. 36. In section 134 of the Act, as amended by the Acts of 18 May 2009, 31 May 2011 and 10 July 2012, the following amendments are made:
1° in paragraph 1^erthe following amendments are made:
(a) Paragraph 3 is replaced by the following:
"The rules of procedure provide at least the notification of the complaint or record of an offence under the Code of Ethics for Telecommunications to the offender or alleged offenders, a reasonable period in which they may prepare their defence and the right to adopt a written and oral view of the alleged offence. ";
(b) paragraph 4 is supplemented by the following:
"The secretariat may, in accordance with the instructions given by the Commission of Ethics for Telecommunications and published on its website, also transmit a complaint to the Communications Mediation Service or for mediation or further investigation to the Directorate General Control and Mediation of the Federal Public Service Economy, P.M.E., Average Classes and Energy. The transmission of a mediation complaint does not affect the jurisdiction of the Telecommunications Ethics Commission to find, in accordance with paragraph 2, an offence to the Telecommunications Code of Ethics and to punish it in accordance with paragraph 3. ";
(c) four subparagraphs as follows are inserted between paragraphs 4 and 5:
"The Telecommunications Mediation Service and the Directorate General Control and Mediation of the Federal Public Service Economics, P.M.E., Average Classes and Energy inform, in accordance with the terms set out in a collaborative protocol, the Commission of Ethics for Telecommunications of the outcome of the mediation or of the additional investigation of any complaints transmitted. When the secretariat is informed of the outcome of the mediation or further investigation, it may file the complaint without further action. The secretariat shall provide the Commission of Ethics for Telecommunications, in accordance with the terms set out in the rules of procedure, with information on complaints filed without action. The Commission of Ethics for Telecommunications may refer to the classification decisions without further action by the secretariat and request the secretariat to submit the file at a session of the Commission of Ethics or one of its chambers.
The secretariat of the Ethics Commission may also initiate an instruction on its own initiative.
The secretariat of the Commission of Ethics for Telecommunications may initiate the procedure of its own initiative to submit for assessment and penalization to the Commission of Ethics for Telecommunications of alleged offences under the Code of Ethics for Telecommunications that it considers to be noted. The secretariat may also group similar complaints about a single service via an electronic communications network and submit them to the Telecommunications Ethics Commission for Appraisal and Penalization.
Before the secretariat of the Commission of Ethics for Telecommunications has invited a hearing before the Commission of Ethics, it prepares a report on the file, communicates it to the parties and gives them the opportunity to bring a reply to the report. ";
(d) in paragraph 6, the sentence "The costs are borne by the service provider, if sanctioned." is replaced by the sentence "The costs are borne, if any indivisibly and indivisibly, by the person or persons who, in accordance with paragraph 3, have been sentenced by the Telecommunications Ethics Commission to a sanction. ";
2° to paragraph 2, the following amendments are made:
(a) Paragraph 2 is replaced by the following:
"The Code of Ethics for Telecommunications means series of numbers for which it is authorized to charge to the caller or recipient of the service, in addition to the cost of the communication, also a content allowance and describes the conditions to which pay services can be offered to end users via electronic communications networks. The Code of Ethics for Telecommunications may determine which obligation is imposed on which person who intervenes in the supply or sale of paid services via electronic communications networks or may impose the same obligation on several of these persons. The Telecommunications Code of Ethics may determine which information must be disclosed by which person and how, before a payment for the content cannot be requested to the caller or recipient of the service. The Code of Ethics for Telecommunications also sets out the modalities for collaboration in the investigation of an alleged offence committed and the execution of decisions of the Commission of Ethics for Telecommunications. The terms of the Code of Ethics for Telecommunications apply without prejudice to the application of the provisions of the Act of 6 April 2010 on market practices and consumer protection and the Act of 11 March 2003 on certain legal aspects of the services of the information society. ";
(b) Paragraph 3 is replaced by the following:
"Unless otherwise stipulated by the Code of Ethics for Telecommunications, persons who provide paid services through electronic communications networks and operators or persons who provide paid numbers for this purpose are required to comply with the provisions of the Code of Ethics for Telecommunications. ";
(c) a paragraph to read is inserted between paragraphs 3 and 4:
"The Telecommunications Ethics Commission may also, at the request of an interested party, determine as a notice, under which series or series of numbers specified in the Telecommunications Code of Ethics must be offered a new type of services duly described by the applicant. ";
(d) Paragraph 4 is replaced by the following:
"The Commission of Ethics for Telecommunications or one of its chambers shall decide on compliance with the Code of Ethics for Telecommunications as a result of a complaint by the individual or at the initiative of the secretariat and after having taken note of the report of the secretariat on the record and of the reply of the alleged offender(s) to the report. ";
(e) paragraph 5 is repealed;
3° in paragraph 3, paragraphs 1, 2 and 3 are replaced by the following:
"The offences under the Code of Ethics for Telecommunications may be sanctioned by the Commission of Ethics for Telecommunications or one of its chambers by one or more of the following:
1° an administrative fine of 125 euros to 250,000 euros;
2° a suspension of the services concerned up to one year;
3° the deletion of the service concerned or the number concerned;
4° the ban on offering new services.
In order to impose sanctions, the Commission of Ethics for Telecommunications or one of its chambers shall take into account the seriousness of the offence, the repeated nature of the offences, and whether or not the offences are deliberate."
4° in paragraph 4, the words "the offender omet" are replaced by the words "the offender(s) omet(tent)".
Art. 37. Section 134/1 of the Act, inserted by the Act of 31 May 2011 and amended by the Act of 10 July 2012, is replaced by the following:
"Art. 134/1. § 1^er. In the event of an emergency, the chair of the Telecommunications Ethics Commission, or its replacement, may adopt all appropriate interim measures when he or she is aware of a fact that constitutes at first sight a serious offence to the Telecommunications Code of Ethics and which causes or risks to cause serious and difficultly repairable harm or cause injury or threat of prejudice to an important group of end-users.
The President, or his or her substitute, may, among other things, impose immediately upon the person who provides a paid service via an electronic communications network or to the operators or persons who, for that purpose, make pay numbers available, the suspension of that service until the Commission of Ethics for Telecommunications has decided definitively on the compliance of the Code of Ethics for Telecommunications or until the person who offers the service in question has adapted his or her president's service.
§ 2. The person or persons concerned shall be informed before the imposition of the measure referred to in subsection 1^er and are invited to immediately and voluntarily suspend or adapt the service.
If the person who provides a paid service via an electronic communications network or the person or operator who, to this effect, makes a payment number available, cannot be reached or fails to comply with the invitation of the president or his substitute, the latter may impose on the operators who provide access to the service concerned to block access to the numbers in question and, if necessary, order not to pay the indemnity of inter ".
Art. 38. In Article 145, § 1^er, of the same law, amended by the law of April 25, 2007, the word "15," is inserted between the words "articles" and the word "32".
Art. 39. In section 38 of the Schedule to the Act, replaced by the Act of 10 July 2012, the following amendments are made:
Paragraph 3 is supplemented by a paragraph, which reads as follows:
"If applicable, persons referred to in paragraph 1^er may also benefit from the reduction referred to in paragraph 1 to the operator in which they benefit^er the following reduction:
- a reduction of 3.10 euros per month period on the costs of the calls provided by the same operator. ";
2° the article is supplemented by paragraphs 4 and 5, as follows:
§ 4. The service providers referred to in section 74 allow recipients of social tariffs to subscribe, separately or in a bundled offer, to other services than those referred to in paragraphs 1 to 3, without such beneficiaries being required to waive the reductions provided for in paragraphs 1^er 3.
The service providers referred to in section 74 may apply the reductions referred to in paragraphs 1 to 3 on bundled offers including services other than those with social rates. In this case, pursuant to section 45/1 of the schedule, the calculation of the net cost associated with the provision of such bundled offers is limited to the services referred to in paragraphs 1^er 3.
The rate charged for each of the other services to which the social rate recipient subscribes separately cannot exceed the rate charged for the same service to users who do not receive social rates.
Where applicable, the rate charged for all services to which the beneficiary of social rates subscribed cannot exceed that of the corresponding bundled offer marketed with users who do not receive social rates.
§ 5. In addition to the information referred to in section 110, paragraph 4, the providers referred to in section 74 must, before any subscription or introduction of a social tariff application, propose to the beneficiaries of social tariffs to apply the tariff reductions set out in subsections 1^er to 3 on the most financially interesting offer given the services to which these beneficiaries intend to subscribe.".
Art. 40. In section 45/1, paragraph 5, of the schedule to the same law, inserted by the law of 10 July 2012, the words "the King, on the proposal of the Institute" are replaced by the words "the Institute".
CHAPTER 4. - Amendment of the Royal Decree of 11 January 2007 establishing the administrative status of the staff of the Belgian Institute of Postal Services and Telecommunications
Art. 41. Article 82, § 3/1, of the Royal Decree of 11 January 2007 concerning the administrative status of the staff of the Belgian Institute of Postal Services and Telecommunications, inserted by the Royal Decree of 16 November 2009, is repealed.
Promulgation of this law, let us 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,
J. VANDE LANOTTE
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(I) House of Representatives (www.lachambre.be):
Documents: 53-3318.
Full report: 20 February 2014.
Senate (www.senate.be):
Documents: 5-2501.
Annales du Sénat : 13 maart 2014.