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7 FEBRUARY 2014. - An Act to amend the Act of 24 February 1921 concerning the trafficking of poisonous, soporific, narcotic, psychotropic, disinfectant or antiseptic substances and substances that may be used for the illicit manufacture of narcotic and psychotropic substances (1)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Amendments
Art. 2. Article 1^er of the Act of 24 February 1921 concerning the trafficking of poisonous, soporific, narcotic, psychotropic, disinfectant or antiseptic substances and substances that may be used for the illicit manufacture of narcotic and psychotropic substances, as amended lastly by the Act of 19 March 2013, the following amendments are made:
1° the existing text, which will form § 1^er, is supplemented by a paragraph written as follows:
"The King may, by deliberate order in the Council of Ministers, determine the conditions and other measures under which anonymous information relating to the composition and use of substances covered by this Act is communicated to the authorities that He designates by laboratories and experts, even when acting in the context of information or criminal instruction. ";
2° the article is supplemented by a § 2, written as follows:
"§2. the King may, by order deliberately in the Council of Ministers, after obtaining the advice of the Scientific Institute of Public Health, submit to the rules and control referred to in § 1^er, substances based on a generic classification.
The generic classification referred to in the previous paragraph is decided by the King, among other things on the basis of international knowledge, the recommendations and guidelines of the European Observatory on Drugs and Drug Addictions of the European Union and the United Nations International Narcotics Control Board.".
Art. 3. In section 2bis of the Act, inserted by the Act of 9 July 1975 and last amended by the Act of 3 May 2003, the following amendments are made:
1° in § 5, the words "In the cases provided for in §§ 2, 3 and 4" are replaced by the words "In the cases provided for in §§ 2, 3, 4 and 6";
2 the article is supplemented by a § 6 written as follows:
§ 6. Such penalties shall be punished by the penalties provided for in this article, and in accordance with the distinctions made therein, those who, as expensive or free, pose preparatory acts for the manufacture, sale, delivery or illicit supply of a substance referred to in § 1st, or for the cultivation of plants that may be extracted from such substances. ".
Art. 4. In section 2quater of the Act, inserted by the Act of 3 May 2003 and amended by the Act of 13 December 2006, the following amendments are made:
1st paragraph 1^er is completed by the 5° and 6° written as follows:
"5° of imprisonment for 10 to 15 years if the offence referred to in 4° constitutes an act of participation in the main or incidental activity of an association. A fine of 1,000 to 100. 000 EUR may also be pronounced;
6° of the imprisonment of 15 to 20 years if the offence referred to in 4° constitutes an act of participation as a leader in the main or incidental activity of an association. A fine of 1,000 to 100. 000 EUR may also be pronounced. ";
2° the article is supplemented by a paragraph 2 written as follows:
"They shall be punished by the penalties provided for in paragraph 1^er, 4° to 6°, and according to the distinctions made therein, those who, in a costly or free way, institute preparatory acts for the commission of an offence under the same provisions. ".
Art. 5. Section 4 of the Act, replaced by the Act of 9 July 1975 and last amended by the Act of 3 May 2003, is supplemented by a paragraph 7 which reads as follows:
"§ 7. Illegal substances, as well as raw materials and equipment used or intended for the illegal production of substances covered by this Act, including the cultivation of plants from which these substances may be extracted, may immediately be destroyed or permanently disposed of following a decision of the Public Ministry, despite the continued investigation, to the extent that their conservation is not necessary for the manifestation of the truth. In the course of a judicial investigation, this measure can only be ordered after agreement of the competent investigating judge.
In any case, the things referred to in paragraph 1^er shall be destroyed when the decision of the competent court that orders the confiscation of the decision has become final. ".
Art. 6. Section 9 of the Act, replaced by the Act of 3 May 2003, is supplemented by a paragraph written as follows:
"The provisions of paragraph 1^er also applies to preparatory acts referred to in Article 2bis, § 6."
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 on 7 February 2014.
PHILIPPE
By the King:
Minister of Social Affairs and Public Health,
Ms. L. ONKELINX
The Minister of Justice,
Ms. A. TURTELBOOM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Notes
(1) Session 2013-2014.
House of Representatives:
Documents: 53-3112.
Senate:
Documents: 5-2415.