Miscellaneous Provisions Act On Electronic Communications (I)

Original Language Title: Loi portant des dispositions diverses en matière de communications électroniques (I)

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014011254&caller=list&article_lang=F&row_id=800&numero=807&pub_date=2014-04-28&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-04-28 Numac: 2014011254 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES average and energy March 27, 2014. -Miscellaneous Provisions Act on electronic communications (I) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Article 1 object.
This Act regulates a matter referred to in article 78 of the Constitution.
This Act constitutes the partial transposition into Belgian law of: 1 ° Directive 2002/21/EC on a common regulatory framework for electronic communications services and networks;
2 ° Directive 2002/22/EC on universal service and users rights; networks and electronic communications services
3 ° Directive 2002/58/EC concerning 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 sectors of posts and the Belgian telecommunications s. 3 ° is supplemented by the words " ", and the Regulation (EU) No. 611/2013 the Commission of 24 June 2013 on measures relating to the notification of violations of personal data under Directive 2002/58/EC of the European Parliament and of the Council on the privacy and electronic communications";
(b) there shall be inserted a 4 ° as follows 1: "4 ° 1 disputes between suppliers of networks, services, or equipment of telecommunications or in case of dispute between the postal operators, or in the event of dispute between the suppliers of services and electronic communications networks or broadcasting organizations covered by the Act of 30 March 1995 concerning electronic communications services and networks and audiovisual the area media services" bilingual Brussels, the date of administrative decision at the request of all parties involved, in a period of four months and according to the procedure laid down by the King; ";
(2 ° paragraph 2, paragraph 1, 3 °, is supplemented by the h) and i), worded as follows: "h) the Commission for the protection of privacy;
(i) the federal public Service for statistics and economic information. "."
S. 3. at article 16 of the same Act, as amended by the law of July 10, 2012, the following changes are made: 1 ° in the paragraph 1, the phrase "It may seize the records." is repealed;
2 ° paragraph 2 is supplemented by the words "and for substances referred to in articles 11, § 1, 2 ° and 39, § 1, of the Act of 13 June 2005 on electronic communications, to one or more members of staff at A level".
S. 4. article 17, paragraph 2, of the Act is supplemented by two paragraphs worded as follows: "the particular mission of the holder of a particular mission should focus on strategic materials. By 'special mission' is meant the temporary designation to a full function that makes demands in terms of expertise and requires clear policy-type experience.
The holder of a particular mission may appeal to the services of the Institute to assist in the achievement of its tasks. "."
S. 5 A section 21 of the same Act, as amended by the law of July 10, 2012, the following changes are made: 1 ° in paragraph 1, the words "where necessary" are inserted between the words 'he expressed' and the words 'of its grievances";
2 ° in paragraph 5, the following changes are made: a) in paragraph 1, the words "he ordered to address them, either immediately or within such reasonable time as he may specify."
are replaced by the words "it may adopt one or more decisions, one or more of the following: 1 ° order to remedy the infringement, either immediately, or within a reasonable period specified by it, provided that this offence has not ceased;";
(b) in paragraph 2, the words "agenda to address them may be accompanied by one or more of the following measures:" are repealed;
(c) in paragraph 2, the number "1 °" is replaced by the number "1 ° 1 '.
S. 6. in article 22 of the Act, as amended by the Act of May 31, 2011, 1 ° to 6 ° are repealed.
S. 7. in article 23 of the Act, as amended by the laws of May 18, 2009 and July 10, 2012, paragraph 2 is supplemented by the words "or the cancellation of his appointment".
S. 8. in article 24, paragraph 1, of the Act, as amended by the Act of March 16, 2007, the words "26 December 1956 on the postal service" are replaced by the words "6 July 1971 establishing of bpost and certain postal services".
S. 9A article 34, paragraph 4, of the Act, the following amendments are made: 1 ° 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 June of the following year.".
CHAPTER 3. -Amendments of Act of 13 June 2005 on electronic communications arts. 10. in article 2, 22 °, Act of 13 June 2005 on electronic communications, as amended by the law of July 10, 2012, the words "and access to emergency services" are repealed.
S. 11A article 9, § 7, of the Act, inserted by the law of July 20, 2006 and amended by the Act of February 4, 2010, the following changes are made: 1 ° in the paragraph 1, the words ", for research by the mediation service for telecommunications of the identity of the persons who made a malicious use of a network or an electronic communications service" shall be inserted between the words "towards emergency services" and the words "thus only for the fulfilment";
2 ° in paragraph 2, the words "the appellant" shall be replaced by the words "the end user".
S.
12. in article 15 of the Act, a written paragraph as follows is inserted before 1st paragraph: "it is forbidden to cause harmful interference.".
S. 13 article 18 A, § 1, of the Act, as amended by the law of July 10, 2012, the following changes are made: 1 ° 3 °, 8 ° and 9 ° shall be repealed;
2 ° the subsection is supplemented by a 10 °, as follows: "10 ° where appropriate, the conditions for compensation of the previous users of the frequency band concerned.";
3 ° paragraph is supplemented by a paragraph worded as follows: "by way of derogation from paragraph 1, the Institute lays down the conditions to obtain and exercise of the rights to use radio frequencies used wholly or partly for electronic communications services available to the public regarding: 1 ° the technical conditions and operational necessary to avoid harmful interference and to limit the exposure of the general public to electromagnetic fields;"
2 ° the obligations arising from international agreements relating to the use of radio frequencies;
3 ° of the specific obligations for the experimental use of radio frequencies. "."
S. 14 A section 25 of the same Act, as amended by the law of July 10, 2012, the following changes are made: 1 ° paragraph 2 is supplemented by two paragraphs, worded as follows: "operators shall take the measures necessary for that stability and the height of the pylons of antenna sites what they build, as well as other parts of antenna sites are building or change, appropriate to co-use with other operators that requested it, except when this is impossible for reasons which are recognized by the Institute. The Institute may require the shared use taking into account the principle of proportionality.
Where appropriate, the Institute may impose the measures it considers necessary for the preservation of the general interest and to a rapid system of exchange of information relating to the sites and their shared use. ";
2 ° in paragraph 4, the following changes are made: a) paragraph 3 shall be supplemented by the words ", based on an agreement whose terms are reasonable, proportional and non-discriminatory.";
(b) subsection is supplemented by a paragraph, as follows: "In case of disagreement, the Institute may issue an opinion on the character reasonable, proportional and non-discriminatory negotiations.";
3 ° paragraph 5 is replaced by the following: "§ § 5 5" Operators are negotiating an agreement on the shared use of antenna sites, whose terms are reasonable, proportionate and non-discriminatory.
Operators may refuse to other operators to the shared use of a site of antennas for reasons that are recognized as duly justified by the Institute.
Any refusal can be evaluated by the Institute at the request of the applicant originally introduced by registered mail within 15 days from the receipt of the refusal.
The Institute has two months from the receipt of the application to evaluate the unjustified nature of the refusal. If the Institute does not pronounce within this time limit, the demand is considered as having been validly rejected. ";
4 ° paragraph 7 is supplemented by a paragraph, as follows: "in the contracts that the"

operators conclude with the third party referred to in paragraph 1, any clause which would have the effect to prohibit or make it more difficult to the shared use of the site in question to one or several other operators, including any clause to impose a condition of reciprocity in any form whatsoever, is zero. "."
S. 15. A section 26 of the same Act, as amended by the Act of May 18, 2009, the following amendments are made: 1 ° to the paragraph 1, the following changes are made: has) is added to the paragraph by the words "and the Institute";
(b) in the text Dutch, the word "het Instituut" shall be inserted between the words "overige operatoren" and the words "hiervan op de hoogte";
2 ° two paragraphs, worded as follows, shall be inserted between paragraphs 1 and 2: "where appropriate, the first operator shall, before filing the request for planning permission, 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 5"
After concluding this agreement, the operators concerned should introduce an application for permit of urban planning with the competent authorities. ";
3 ° the 2 former, becoming subparagraph 4, paragraph is replaced by the following: "In the month following notification, the other operators transmit to the first operator their intention of shared use of the website of antennas involved or part of this site.".
S. 16. the section 28 of the act as amended by the law of July 10, 2012, is replaced by the following: 'article
28. without prejudice to article 25, the Institute may, after conducting a public consultation: 1 ° require an operator to grant reasonable requests access to other sites than those mentioned in Section 1, including buildings that are not antenna within the meaning of Section sites 1st, their access, wiring, retaining constructions, the sleeves pipes, visit rooms, street booths;
2 ° impose on any person owner or operator of the wiring of communications networks Electronics located inside a building to right to reasonable requests for access to the wiring from an operator, when their duplication would be economically inefficient or physically impossible.
This access occurs in the building or first point of concentration or distribution if the latter is located outside the building, avoiding any risk of mutual disturbance.
An access agreement is concluded, as appropriate, either between the operators referred to in paragraph 1, 1 °, or between the individual owner or operator of the wiring and the operator referred to in paragraph 1, 2 °. This convention establishes technical and financial access.
Each agreement provides that access is provided in objective, transparent and non-discriminatory conditions.
It is communicated to the Institute at its request. "."
S. 17. in article 30 § 1/3, of the Act, a paragraph worded as follows is inserted between paragraphs 3 and 4: "the operator can, to no later than November 15 of each year, notify the Institute its willingness to free themselves by a single payment of the balance of the single fee. The operator pays no later than December 15 of that same year the balance, based on a statement prepared by the Institute. "."
S. 18A article 34 of the same Act, as amended by the law of July 20, 2006, the following changes are made: 1 ° the words "radio amateurs if they are:" shall be replaced by the words "of amateurs, holders of the highest authority, if these facilities are:";
2 ° article is supplemented by the 8 ° to 9 °, worded as follows: "8 ° equipment held for purposes of collection or exhibition, provided that they are subject to prior authorization of the Institute;
9 ° equipment not yet available on the market or using new technologies, provided that they subject to prior approval of the Institute. "."
S. 19. article 36, § 1, of the Act, is supplemented by a paragraph, as follows: "a manufacturer or a person responsible for the placing on the Belgian market of equipment cannot prevent or complicate without technical reasons the connection of this equipment to all interfaces appropriate for this purpose and must use radio frequencies to which rights of use are granted by the Institute in accordance with article 18.".
S. 20. article 39 of the Act, as amended by the law of July 20, 2006, is supplemented by a paragraph 5, worded as follows: "§ § 5 5" The King may impose the success of a consideration for the use of certain categories of issuers. It may delegate the determination of the conditions at the Institute and the organization practice these examinations. "."
S. 21A article 59 of the Act, as amended by the law of May 19, 2009 and by the law of July 10, 2012, the following changes are made: 1 ° paragraphs 4 and 5 are replaced by the following: "§ § 4 4" Any new reference offer is, prior to its publication, approved by the Institute, which may impose the adjustments that it considers necessary.
§ 5. The Institute may require that the reference offer undergo changes as it considers necessary to enforce the measures provided for in this Act. ";
2 ° article is supplemented by paragraphs 6 and 7, worded as follows: "§ § 6 6" When the author of a reference offer wished to modify, it shall notify Institute the change desired at least 90 days before the date of entry into force.
Within this period, the Institute may notify the author of the modification of the reference offer it will make a decision about the desired change. Such notification suspends the entry into force of the desired amendment.
The Institute may impose the adjustments as it deems necessary or refuse the desired change.
The Institute provides for the modalities of 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 shall determine the modalities of this publication and the information to be provided to the beneficiaries of the reference offer.
The publication of a reference offer shall not preclude reasonable access requests not provided for in the offer. "."
S. 22. in article 100, paragraph 1, of the Act, as amended by the Act of April 25, 2007, the words "ex-officio" are repealed.
S. 23. in article 101, paragraph 2, of the Act, 2 ° is replaced by the following: "2 ° to the amount at the end of the proceeding of designation, indexed by applying the health index, for any named recipient in mechanism open designation, provided that this amount does exceed not the result of the calculation of the net by the Institute in accordance with article cost 100" If, on the basis of the calculation determined in article 100, the Institute notes that the amount at the end of the open procedure, is greater than the net cost calculated in accordance with the method of the annex, the amount of compensation shall be reduced to the amount so fixed by the Institute, indexed by applying the health index. "."
S. 24. in article 107 of the Act, as amended by the laws of the May 18, 2009, May 31, 2009, November 14, 2011 and July 10, 2012, the following changes are made: 1 ° in paragraph 1/1, the following changes are made: has) in paragraph 5, the words "take appropriate in coordination with companies that provide the underlying public electronic communications networks ", all reasonable necessary measures, including preventive, to facilitate uninterrupted access to emergency services" shall be replaced by the words "provide access to emergency services";
(b) paragraph 6 is repealed;
(c) in paragraph 7, 'The Institute defines how' shall be replaced by the words "The Institute may define the way";
2 ° in paragraph 2, the following changes are made: has) 1st paragraph is replaced by the following: "the operators affected by an emergency call to an emergency service providing assistance on the spot, if necessary by coordinating between them, provide management of this emergency service stations, as soon as the call reaches them and free caller ID data.";
(b) paragraph 4 is completed by the following: "The Institute may define, in consultation with emergency services concerned, the criteria for the accuracy and reliability of the caller location data.";
3 ° in paragraph 2/1, paragraph 2 is replaced by the following: "these text messages are assimilated to emergency calls.".
S.
(25. article 108 § 1, e), of the same Act, is complemented by a dash as follows: "-the facilities offered in virtue, as the case may be, of the code of conduct referred to in article 121/1 or order referred to in article 121/2, as well as the way in which these facilities may be requested.".
S.
26A section 110, § 4, of the Act, as amended by the laws of December 27, 2005 and may 31, 2011, the following changes are made: 1 ° 1st paragraph is supplemented by the words "calculated the period determined by the Institute. When the operator communicates the most favourable to the Subscriber tariff plan, he added, in the manner desired by the Subscriber, in the manner established by the Institute, the data from the profile of consumption used for this purpose. ';
2 ° three paragraphs, worded as follows, shall be inserted between paragraphs 1 and 2: "for

Internet access products, there are instead of indicating the price plans to handle the volume of data downloaded from the usage 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 tariff plans, applicable also to indicate the speed of download, other relevant characteristics as well as the possible consequences, when the customer purchased a combined offer.
In the case of a customer subscribed from an operator to two or several tariff plans corresponding to different services, such as the phone fixed, mobile services, access to high-speed Internet or television services, applicable, where appropriate, to indicate as tariff plan offer combined integrating these different services into a single tariff plan When this combined offer is less expensive than the sum of the separate price plans to which the Customer subscribes.
After a public consultation, the Institute fixed the obligations laid down in the two paragraphs earlier, and this, within a period of three months. The Institute provides for a period of six months at least after the publication of the above modalities for the implementation of the above-mentioned obligations. "."
S.
27. in article 110/1, of the Act, inserted by the law of July 10, 2012, the first sentence is completed by the words "calculated the period determined by the Institute".
S. 28. in article 111, paragraph 3, of the Act, replaced by the law of July 10, 2012, paragraph 2 is supplemented by the following sentence: "The Institute determines the period to be taken into account to calculate the usage profile, the format and the method whereby the consumer and end user can read their usage profile.".
S. 29. in the same Act, it is inserted an article 111/4, as follows: "article 111/4. The consumer has the right to change tariff formula with the same operator at least once a year, free of charge and without compensation. If the consumer makes use of this right to a contract relating to a single separate service of electronic communications or to a combination of electronic communications services deal, and does it change the number of electronic communications services which he is entitled, the duration of the contract at that time shall continue to apply, notwithstanding any contractual clause contrary. "."
S. 30A section 114 of the Act, replaced by the law of July 10, 2012, the following changes are made: 1 ° in the 1st paragraph, paragraph 2 is repealed;
2 ° in paragraph 4, paragraph 1, the phrase "software for electronic communications providers are also obliged to their client."
is repealed.
S. 31. A section 114/1, of the Act, inserted by the law of July 10, 2012, the following changes are made: 1 ° in paragraph 3, the following changes are made: a) in paragraph 1, first sentence, the words "in the event of infringement of the security of an electronic communications service available to the public for personal data" are replaced by the words "in the event of violation of personal data";
(b) in paragraph 1, first sentence, "the Institute" shall be replaced by the words "the Commission for the protection of privacy";
(c) in paragraph 1, the first sentence is supplemented by the words ", which shall notify without delay the Institute";
(d) paragraph 1 is supplemented by the sentence "The protection of Privacy Commission examines whether the company complies with this obligation and shall inform the Institute where it considers that this is not the case.";
(e) in paragraph 3, the words "at the request of the Commission on the protection of privacy," are inserted between the words "May the Institute", and the words "reviewing";
(f) in clause 4, "the Institute" shall be replaced by the words "the Commission for the protection of privacy";
2 ° in paragraph 4, the following changes are made: a) in paragraph 1, the words ", format applicable to this notification and its transmission procedure" are repealed;
(b) a paragraph worded as follows is inserted between paragraphs 1 and 2: "subject to safeguards technical possible application from the European Commission in accordance with article 4, point 5, of Directive 2002/58/EC, and after advice of the Institute, the Committee on the protection of privacy may adopt guidelines and, where appropriate issue instructions specifying the format applicable to this notification and its transmission procedure. ";
(c) in paragraph 2 former, becoming paragraph 3, the words "so that the Institute can verify compliance with the provisions of this paragraph" are replaced by the words "so that the Commission for the protection of privacy and the Institute can verify compliance with the provisions of paragraph 3".
S.
32. in article 121/1, 1 °, of the Act, the words 'six months' are replaced by the words "18 months".
S. 33A article 122, § 3, paragraph 1, of the Act, the following amendments are made: 1 ° the words "and establish the usage profile referred to in article 110 § 4, paragraph 1, article 110/1 and article 111, § 3, paragraph 2," shall be inserted between the words "own electronic communications services" and the words "or services to traffic or location data";
2 ° in the 4th, the words "for the preparation of the plan of use referred to in article 110, § 4, paragraph 1, article 110/1 and article 111, § 3, paragraph 2" shall be inserted between the words "or location in question" and the words "or to the action of marketing in question".
S. 34. in article 125, § 1, 4 °, of the Act, as amended by the law of July 10, 2012, the words ", the Prosecutor, at the request of the leader of the service referred to in article 3, 8 °, of the organic law of 30 November 1998 of services, security and intelligence" shall be inserted between the words "an investigating judge" and the words "and/or in the framework".
S. 35A article 127, § 1, of the Act, as amended by the Act of February 4, 2010, the following changes are made: 1 ° in the paragraph 1, 2 °, the words "appellant" shall be replaced by the words "the end user";
2 ° in paragraph 2, the words "the method of determining the contribution in the capital costs, operation and maintenance of these measures is the responsibility of the operators of networks and electronic communications services" shall be replaced by the words "rates rewarding collaboration of operators to the operations referred to in paragraph 1, 2 °".
S. 36. section 134 of the Act, as amended by the laws of May 18, 2009, May 31, 2011 and July 10, 2012, the following changes are made: 1 ° to paragraph 1, the following changes are made: has) paragraph 3 is replaced by the following: "the rules of procedure provide at least notification of the complaint or the record of finding of a breach of the Code of ethics for telecommunications to the offender or offenders suspected , a reasonable period during which they can prepare their defence and the right to adopt a point of view written and oral on the alleged offence. ";
(b) paragraph 4 is completed by the following sentences: "the secretariat can, according to instructions, given by the Ethics Commission for telecommunications and published on its website, also transmit to mediation a complaint to mediation Service for telecommunications or for mediation or further investigation branch control and Mediation of the federal public Service economy, SMEs Middle classes and energy. The transmission of a complaint for mediation does not affect the jurisdiction of the Ethics Commission for telecommunications to note, in accordance with paragraph 2, an offence under the Code of ethics for telecommunications and the sanction in accordance with paragraph "3.;
(c) four paragraphs worded as follows shall be inserted between paragraphs 4 and 5: "mediation for telecommunications and branch of Service General control and Mediation of the federal public Service economy, SMEs, Middle Classes and energy inform, according to the rules laid down in a protocol of collaboration, the Ethics Commission for telecommunications of the result of the mediation or the further investigation regarding any complaint. When the secretariat is informed of the outcome of the mediation or the further investigation, he may file the complaint without continued. The secretariat provides to the Ethics Commission for telecommunications, as set forth in the rules of procedure, information on the classified complaints unaddressed. The Ethics Commission for telecommunications can evoke the decisions of closure of the secretariat and request the secretariat to again submit the dossier during a meeting of the Committee of ethics or of one of its rooms.
The secretariat of the Ethics Commission may also open a statement of its own.
The secretariat of the Ethics Commission for telecommunications may initiate the procedure on its own initiative to submit for assessment and penalty before the Ethics Commission for telecommunications of the alleged breaches of the Code of ethics for telecommunications think it see. The secretariat can also consolidate similar complaints concerning a single service via a network of

electronic communications and submit them to the Ethics Commission for telecommunications for appreciation and penalty.
Before the secretariat of the Ethics Commission for telecommunications invites to a hearing before the Ethics Commission, it draws up a report on the record, shall communicate it to the parties and gives them the opportunity to introduce a reply to the report. ";
(d) in paragraph 6, the phrase "costs are borne by the service provider, if it is sanctioned." is replaced by the "the costs shall be borne, if necessary jointly and indivisibly, by the person who, in accordance with paragraph 3, have been condemned by the Ethics Commission for telecommunications, to sanction. ';
2 ° in paragraph 2, the following changes are made: a) paragraph 2 is replaced by the following: "Code of ethics for telecommunications refers to the series of numbers for which he is authorized to charge to the appellant or to the recipient of the service, in addition to the price of communication, also compensation for content and describes the conditions under which pay services may be offered to end-users via electronic communications networks. Code of ethics for telecommunications can determine what duty is imposed on what person who intervenes in the offer or sale of pay services via electronic communications networks or may impose the same obligation on many of these people. The Code of ethics for telecommunications can determine what information should be disclosed by whom and in what manner, until a payment for content can be requested to the appellant or to the recipient of the service. The Code of ethics for telecommunications also regulates that it must cooperate in the investigation into an alleged offence committed and the execution of the decisions of the Ethics Commission for telecommunications. The conditions of the Code of ethics for telecommunications shall apply without prejudice to the application of the provisions of the law of April 6, 2010 on market practices and the protection of the consumer and act of 11 March 2003 on certain legal aspects of the services of the company information. ";
(b) paragraph 3 is replaced by the following: 'Unless stipulated otherwise by the Code of ethics for telecommunications, persons who provide pay via electronic communications networks and operators or persons who provide pay numbers for this purpose are required to comply with the Code of ethics for telecommunications.';
(c) a paragraph worded as follows is inserted between paragraphs 3 and 4: "the Ethics Commission for telecommunications can also, at the request of an interested party, determine as notice, under which series or series of numbers specified in the Code of ethics for telecommunications must be offered a new type of services duly described by the applicant.";
(d) paragraph 4 is replaced by the following: "the Ethics Commission for telecommunications or one of its rooms is pronounced on the compliance with the Code of ethics for telecommunications following a complaint of the person concerned or on the initiative of the secretariat, and after reading the report by the secretariat on the folder and the replica of (a) offender (s) (s) alleged in the report.";
(e) paragraph 5 is repealed;
3 ° in paragraph 3, paragraphs 1, 2 and 3 are replaced by the following: "breaches of the Code of ethics for telecommunications may be punished by the Ethics Commission for telecommunications or one of its rooms by one or more of the following measures: 1 ° an administrative penalty of 125 EUR to 250.000 euros;"
2 ° suspension of the services concerned up to one year;
3 ° the removal of the service concerned or the number concerned;
4 ° the prohibition to offer new services.
Pronounce sanctions, the Ethics Commission for telecommunications or one of its Chambers shall take into account the gravity of the offence, the character repeated offences and the wilfulness or not these. ";
4 ° in paragraph 4, the words "the offender fails" are replaced by the words "the offender (s) fails (tent)".
S.
37. article 134/1 of the Act, inserted by the law of 31 May 2011 and amended by the law of July 10, 2012, is replaced by the following: 'article 134/1. § 1. In an emergency, the Chairman of the Ethics Commission for telecommunications, or his alternate, may adopt all appropriate provisional measures when it has knowledge of a fact which constitutes prima facie a serious breach to the Code of ethics for telecommunications and which causes or could cause serious and difficult to repair harm or causing injury or threat of prejudice to a large group of end-users.
The president, or designate, may inter alia impose immediate, the person providing a service paying via a network of electronic communications or to operators and persons who, for this purpose, put of numbers available, the suspension of this service until the Ethics Commission for telecommunications had ruled definitively on the compliance with the Code of ethics for telecommunications or the person providing the service in question has adapted his service in the manner determined by the president or his substitute.

§ 2. The person or persons concerned shall be informed prior to the imposition of the measure referred to in paragraph 1 and are encouraged to suspend immediately and voluntarily service or to adapt it.
If the person providing a service charge via an electronic communications network or the person or the operator who, for this purpose, puts pay available numbers, can not be reached or does not comply with the invitation of the president or his substitute, may impose on operators who provide access to the service concerned to block access to the issues in question and If necessary, order do not pay compensation for interconnection or other allowances to the person who provides the service fee in question via an electronic communications network or to the person or the operator who, for this purpose, puts of numbers available to confine these allowances with the Caisse des Dépôts et consignations until the Ethics Commission for telecommunications or one of its rooms had definitively ruled on compliance of Code Ethics for telecommunications and the use of confined or deductions allowances. "."
S.
38. in article 145, § 1, of the Act, as amended by the Act of April 25, 2007, the word "15", is inserted between the words "articles" and the word "32".
S. 39A article 38 of the schedule to the Act, replaced by the law of July 10, 2012, the following changes are made: 1 ° paragraph 3 is supplemented by a paragraph, as follows: "where appropriate, the persons referred to in paragraph 1 can also benefit from the operator from whom they receive the reduction referred to in paragraph 1 of the following reduction" : - a reduction of an amount of EUR 3.10 per month on the cost of calls provided by the same operator. ";
2 ° article is supplemented by paragraphs 4 and 5, worded as follows: "§ § 4 4" Service providers referred to in article 74 allow recipients of social tariffs to subscribe separately or as a bundle, to services other than those referred to in paragraphs 1 to 3, without that these recipients must renounce the reductions provided for in paragraphs 1 to 3.
Referred to in article 74 providers may apply the reductions referred to in paragraphs 1 to 3 of bundles including other services than those benefiting from social tariffs. In this case, in accordance with article 45/1 of the annex, the calculation of the net cost of the provision of such bundles is the only services referred to in paragraphs 1 to 3.
The rate charged for each of the other services in which the recipient of social tariffs concurred separately cannot be greater than the rate charged for the same service to users not benefiting from social tariffs.
Where applicable, the rate charged for all services to which the beneficiary of social tariffs subscribed cannot be higher than the corresponding bundle marketed to users not benefiting from social tariffs.
§ 5. In addition to the information referred to in article 110, paragraph 4, the service providers referred to in article 74 must, before any subscription or submission of application for social tariff, offer to beneficiaries of social tariffs to apply reductions of rates provided for in paragraphs 1 to 3 of the most interesting offer financially given the services to which these recipients intend to subscribe. '. "
S. 40. in article 45/1, paragraph 5, of the annex to the Act, inserted by the law of July 10, 2012, "the King, on the proposal of the Institute" shall be replaced by the words "the Institute".
CHAPTER 4. -Modification of the royal decree of 11 January 2007 laying down 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 laying the administrative status of the staff of the Belgian Institute of postal services and telecommunications, inserted by the royal decree of November 16, 2009, is repealed.
Promulgate

This Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels on March 27, 2014.
PHILIPPE by the King: the Minister of the economy, J. VANDE LANOTTE sealed with the seal of the State: the Minister of Justice, Mrs.
TURTELBOOM _ Note (I) House of representatives (www.lachambre.be): Documents: 53-3318.
Full report: February 20, 2014.
Senate (www.senate.be): Documents: 5-2501.
Annals of the Senate: 13 maart 2014.