Law On The Legal Definition Of The Craftsman (1)

Original Language Title: Loi portant définition légale de l'artisan (1)

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belgiquelex.be - Carrefour Bank of Legislation

19 MARCH 2014. - Act establishing the legal definition of the craftsman (1)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er - Introductory provision
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. -From the definition of the craftsman
Art. 2. The craftsman or craftsman, within the meaning of this Act, is a natural or legal person active in the production, processing, repair, restoration of objects, the provision of services whose activities have essentially manual aspects, an authentic character, developing a certain know-how focused on quality, tradition, creation or innovation.
The King may set other specific conditions in certain sectors.
Art. 3. To be recognized and preserved as a craftsman, a craftsman or a craftsman must be a company registered in the Banque-Carrefour des Entreprises, as a commercial, artisanal or non-commercial enterprise of private law, for the exercise of one or more artisanal activities and which has less than twenty workers.
The King may derogate from this condition the number of workers for the categories of companies that He determines, or set other specific conditions in certain sectors.
This Act does not apply to persons engaged in artisanal activities under a labour contract.
Art. 4. The King may:
1° exclude from the definition of a craftsman, for the purposes of this Act, the categories of companies that he determines on the basis of the composition of their shareholders, or because of non-compliance with section 3.
2° exclude from the definition of craftsman, for the purposes of this Act, the categories of companies subject to a commercial partnership agreement that do not have a specific know-how necessary for the quality of craftsmen.
Art. 5. The King may, by royal decree deliberated in the Council of Ministers, define specific categories of craftsmen.
Art. 6. The King defines the terms and conditions of a compliance check so that an independent or a company can avail itself of the craftsmanship within the meaning of this Act, in particular in the context of trade partnership agreements and based on the composition of the shareholding.
The King sets out the modalities of organisation and recognition of professional or inter-professional representative organizations of artisans.
CHAPTER 3. - The award of the quality of craftsman
Art. 7. For the purposes of this Act, the quality of craftsman is subject to the prior examination of a written application addressed to the "Artisans" Commission and a favourable decision of the Commission recognizing compliance with the criteria defined in Chapter 2.
Art. 8. The craftsman who wishes, pursuant to Chapter 2 of this Law to obtain the quality of craftsman, sends, by registered or electronic mail to the Commission "Artisans" a completed and signed form of information.
The filing of the form is required.
This information form is made available by the Artisans Commission.
The information form model is determined by the Minister who has the Average Classes in his or her powers.
The "Artisans" Commission records every request.
Art. 9. No later than the last day of the month following the month in which the form of information was sent, the "Artisans" Commission examines the application on the basis of the completed form of information and, where applicable, any other documents that may be used to assess the request for the award of the quality of craftsman.
The absence of a decision within the time limits is a negative decision.
Art. 10. For the award of craftsmanship, the "Artisans" Commission examines the application with respect to the criteria set out in articles 2 and 3.
In the event of non-compliance with any of the elements provided for in sections 2 and 3, the person concerned loses his/her craftsmanship. The "Artisans" Commission makes a decision in accordance with the terms set out in Article 13.
Art. 11. The favourable decision of the "Artisans" Commission is dated and notified by registered letter to the applicant. It has a validity period of six years that takes place on the first day after the date of the favourable decision.
The unfavourable decision or withdrawal of the craftsmanship by the "Artisans" Commission is duly motivated, dated and notified by registered letter to the applicant or the craftsman.
Recognition of craftsmanship is no longer valid, since the date of the award decision, when the "Artisans" Commission finds that it was wrongly granted on the basis of manifestly fraudulent manoeuvres or false or knowingly incomplete statements of the craftsman.
This demise declaration is duly substantiated and notified by registered letter to the craftsman.
Art. 12. At the latest in the second quarter before the expiry of the validity period of its craftsmanship, the craftsman may request an extension of the validity period of the craftsmanship for a period of six years with the Artisans Commission.
For this purpose, he duly completes the information form referred to in Article 8 and returns it to the Artisans Commission.
At the latest one month before the expiry of the period of validity of the recognition of craftsmen, the Commission "Artisans" shall notify its decision to extend or not extend the validity period by registered letter.
The absence of a decision within the time limits leads to the abolition of recognition.
Art. 13. The hearings of the "Artisans" Commission during which requests and withdrawals of craftsmanship are examined are not public.
The artisan candidate or the artisan is informed of the date of the hearing.
His presence at the hearing is not required. However, he may appear in person or be assisted or represented by a lawyer or by any other person with a written power of attorney.
If applicable, the President may conduct an on-site investigation by SPF Economy.
The "Artisans" Commission only deliberates when the Chairperson or his alternate and at least one member of each language group is present.
The Commission makes its decisions by a simple majority of votes.
In the event of a vote-sharing, the President or his alternate shall prevail.
Art. 14. The minister who has the middle classes in his duties, on proposals from the Senior Council of Independents and P.M.E., decides a logo that artisans can use to inform their craftsmanship.
CHAPTER 4. - From the Artisans Commission
Art. 15. The "Artisans" Commission consists of six members appointed by the Minister with the middle classes in his duties, on a joint proposal of the two most representative organizations of the independent workers of the Superior Council of Independents and P.M.E. One or more alternates are designated for each member and replace the member in the event of absence or incapacitation.
Three of the members proposed belong to the Dutch language role, three others to the French linguistic role. Alternate members belong to the same linguistic role as the effective member to whom they are deputy.
The Higher Council of Independents and P.M.E. may adjoin other representative organizations of self-employed workers to the organizations whose mission is to propose a common list of members to be members of the Artisans Commission.
The oldest member chairs the Commission. The youngest member of the language group whose president is not from is appointed Vice-Chair of the Commission.
Art. 16. The Commission "Artisans" establishes a rules of procedure, containing the modalities for the operation of the Commission "Artisans".
The rules of procedure are subject to the approval of the Minister who has the middle classes in his or her powers.
CHAPTER 5. - The Artisans Council
Art. 17. The "Artisans" Council, on appeal, is given a duly motivated appeal against the decisions of the "Artisans" Commission.
Art. 18. The appeal referred to in Article 17 shall be filed by registered mail or electronically.
Art. 19. The "Artisans" Council shall decide on the appeal no later than the last day of the month following the month in which the appeal was filed.
Art. 20. To make its decision, the Council "Artisans" takes into account the cumulative elements referred to in Article 10.
Art. 21. The decision of the Council "Artisans" is dated and notified by registered letter to the appellant.
It is also notified to the "Artisans" Commission.
The favourable appeal decision prevails, with retroactive effect, on the decision of the "Artisans" Commission.
Art. 22. The hearings of the "Artisans" Council during which appeals are examined are not public.
The "Artisans" Commission is informed, within ten working days of the introduction of the appeal. The Council "Artisans" transmits all the documents relating to this use to the Commission "Artisans".
The "Artisans" Commission may designate one of its members to be heard as part of this appeal procedure.
The appellant, the members of the "Artisans" Commission and, if applicable, the artisan candidate whose application is examined shall be informed of the date of the hearing.
Their presence at the hearing is not required. They may, however, appear in person or be assisted or represented by a lawyer or by any other person with a written power of attorney.
If applicable, the President may conduct an on-site investigation by SPF Economy.
The "Artisans" Council makes its decisions by a simple majority of votes.
In the event of a vote-sharing, the President's voice is preponderant.
Art. 23. The "Artisans" Council is chaired by the Secretary General of the Higher Council of Independents and P.M.E.
The Minister with the Average Classes in his duties designates two members of the SPF Economie officials to serve on the Conseil "Artisans".
One of these officials belongs to the Dutch linguistic role and the other to the French linguistic role.
The mandates are indefinite. The competent minister may terminate the duties of designated officials and designate others.
Art. 24. The Council "Artisans" establishes a rules of procedure, containing the modalities for the operation of the Council "Artisans".
The rules of procedure are subject to the approval of the Minister who has the middle classes in his or her powers.
CHAPTER 6. - Advertising
Art. 25. It is created a repertoire of artisans, accessible electronically on the website of the Federal Public Service Economie, P.M.E., Average Classes and Energy.
The craftsmen's repertoire mentions the craftsmen to whom the quality has been awarded and the decisions concerning the removal of craftsmanship.
The King determines the terms of the directory.
CHAPTER 7. - Modifying provisions
Art. 26. Article 8, 5e dash, of the framework law of September 24, 2006 on the wearing of the professional title of an intellectual profession service provider and on the wearing of the professional title of an artisanal profession is replaced by the following provision:
"- craftsmanship: any profession that meets the criteria set out in articles 2 and 3 of the law of the ... with the legal definition of the craftsman".
Art. 27. In section 2 of the Act of 16 January 2003 establishing a Bank-Carrefour des Entreprises, modernization of the business register, creation of registered business windows and carrying various provisions, the 5th is replaced by the following:
"5° "artisan enterprise": the company created by a private person, which has a unit of establishment in Belgium and usually operates there, under a contract of service delivery, mainly material acts, not accompanied by any delivery of goods, or only on occasional basis."
CHAPTER 8. - Entry into force
Art. 28. This Act comes into force on the date fixed by the King.
Promulgate this Act, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 19 March 2014.
PHILIPPE
By the King:
Minister of Average Classes, EMPs and Independents,
Mrs. S. LARUELLE
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) House of Representatives (www.lachambre.be)
Documents: 53-186 - 3285
Full report: 13 February 2014
Senate (www.senate.be)
Documents: 5-2488
Annales of the Senate: March 11, 2014