Posted the: 2014-03-10 Numac: 2014018083 Federal Agency of drugs and of products from health 7 February 2014. -Act to amend the Act of 24 February 1921 regarding traffic in poisonous, soporific, narcotic, psychotropic, disinfectant or antiseptic substances and substances that can be used in the illicit manufacture of narcotic substances and psychotropic drugs (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. -Provisions amending art. 2A in article 1 of the law of 24 February 1921 regarding traffic poisonous, soporific, narcotic, psychotropic, disinfectant or antiseptic substances and substances that can be used in the illicit manufacture of narcotic and psychotropic substances, as amended by the Act of March 19, 2013, the following changes are made: 1 ° the existing text, which will form the § 1 , is supplemented by a paragraph worded as follows: "the King may, by Decree deliberated in the Council of Ministers, the conditions and other measures under which the anonymous information about the composition and to the use of the substances covered by this Act shall be communicated to the authorities designated by the laboratories and experts, even when they act as part of an information or a criminal investigation.";
2 ° article is supplemented by a paragraph 2, as follows: "§ § 2 2" the King may, by Decree deliberated in the Council of Ministers, after obtaining the opinion of the Scientific Institute of public health, submit to the rules and targeted control in the § 1, substances on the basis of a generic classification.
The generic classification referred to in the preceding paragraph is arrested by the King, inter alia on the basis of international knowledge, recommendations and guidelines of the European Observatory for drugs and drug addiction the European Union and the international control of narcotic drugs, the United Nations body. "."
S. 3. at article 2A of the Act, inserted by the law of 9 July 1975 and amended by the Act of May 3, 2003, the following changes are made: 1 ° in § 5, "in the cases provided for in §§ 2, 3 and 4" shall be replaced by the words "In the cases provided for in §§ 2, 3, 4 and 6";
2 article is supplemented by a § 6 worded as follows: "§ § 6 6" Shall be punished with the penalties provided in this section and according to the distinctions that are made, those who, for payment or free, ask acts preparatory to the manufacture, sale, delivery or wrongful act of a notified substance supply to the § 1, or to the cultivation of plants which can be extracted these substances. "."
S. 4 in article 2 c of the Act, inserted by the law of 3 May 2003 and amended by the Act of December 13, 2006 the following changes are made: 1 ° 1st paragraph is supplemented by 5 ° and 6 ° written as follows: "5 ° of the imprisonment of 10 to 15 years if the offence referred to in 4 ° constitutes an act of participation in the principal or accessory of an association activity. A fine of 1,000 to 100. In addition, EUR 000 may be imposed;
6 ° of imprisonment from 15 to 20 years if the offence referred to in 4 ° constitutes an act of participation as a leader to the principal or accessory of an association activity. A fine of 1,000 to 100. 000 EUR may, in addition, be pronounced. ";
2 ° article is supplemented by a paragraph 2 as follows: "Are punished sentences provided for in the paragraph 1, 4 ° to 6 °, and according to the distinctions that are made, those who, for payment or free, ask preparatory acts to commit an offence under the same provisions".
S. 5 article 4 of the same Act, replaced by the law of 9 July 1975 and as last amended by the Act of 3 May 2003, is supplemented by a § 7 worded as follows: "§ § 7 7" Illegal substances and raw materials and equipment used or intended for the illegal production of the substances covered by this Act, including the cultivation of plants from which these substances may be extracted, can immediately be destroyed or permanently put out of use following a decision of the public prosecutor, despite the continuation of the investigation, insofar as their conservation is not necessary to the manifestation of the truth. In the context of a judicial investigation, this measure may be ordered only with the agreement of the competent investigating judge.
In any event, the things referred to in paragraph 1 must be destroyed when the decision of the competent court which ordered the confiscation became final. "."
6. article 9 of the same Act, replaced by the law of 3 May 2003, is supplemented by a paragraph as follows: "the provisions of paragraph 1 shall also apply to the preparatory acts referred to in article 2A, § § 6 6"
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels, February 7, 2014.
PHILIPPE by the King: the Minister of Social Affairs and public health, Ms. L. ONKELINX. the Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Notes (1) Session 2013-2014.
House of representatives: Documents: 53-3112.
Senate: Documents: 5-2415.