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15 JULY 2013. - Act respecting the Registrar of Road Transport Companies (1)
ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
. - General provisions
. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. For the purposes of this Act and its enforcement orders, it shall be understood by:
1° "Federal Public Service": the Federal Public Service created by the Royal Decree of 20 November 2001 establishing the Federal Public Service Mobility and Transport;
2° "service": any public service, institution, natural or legal person entrusted to public missions or of general interest by or under a law, excluding the Communities and Regions and services that fall within the jurisdiction of the Communities and Regions;
3° "Law of 8 December 1992": the Act of 8 December 1992 on the protection of privacy with regard to personal data processing;
4° "treatment responsibility": the person responsible for processing personal data as provided for in Article 1er
§ 4 of the Act of 8 December 1992;
5° "The law of carriage of goods" : the law of 15 July 2013 concerning the carriage of goods by road and carrying out the Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules on the conditions to be followed in the occupation of carrier by road, and repealing the Directive 96/26/EC of the Council, and carrying out the Regulation (EC) No 1072/2009 of the European Parliament and the Council of 21 October 2009
6° "Transport of Passengers Act": the Act of 15 July 2013 relating to the carriage of passengers by road and carrying out Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules on the conditions to be met for the occupation of road carrier, and repealing Council Directive 96/26/EC, and carrying out Regulation (EC) No 1073/2009 of the European Parliament and the Council of 21 October 2009
7° "treatment": any operation or set of transactions relating to personal data as defined in Article 1er
§ 2 of the Act of 8 December 1992;
8° "Commission": the Commission for the Protection of Privacy, established by Article 23 of the Act of 8 December 1992;
9° Sectoral committee: the Sectoral Committee for the Federal Authority of the Commission for the Protection of Privacy, referred to in section 36bis of the Act of 8 December 1992;
10° "eRegistre": the e-Registration of road transport companies;
11° "carriage by road": any company that falls within the scope of the law transporting goods or the law transporting passengers;
12° "transport law": any license referred to in the law transporting goods or the law transporting passengers;
13° "Regulation (EC) No 1071/2009": Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules on the conditions to be met for the occupation of road carrier and repealing Council Directive 96/26/EC;
14° "Regulation (EC) No 1072/2009": Regulation (EC) No 1072/2009 of the European Parliament and the Council of 21 October 2009 establishing common rules for access to the international road transport market;
15° "Regulation (EC) No 1073/2009": Regulation (EC) No 1073/2009 of the European Parliament and the Council of 21 October 2009 establishing common rules for access to the international market of bus and bus transport services, and amending Regulation (EC) No 561/2006.
Art. 3. In the event of a contradiction between the provisions of this Act and those of the Act of 8 December 1992, the regulations most favourable to the protection of the privacy of natural persons will be applied.
PART 2. - Electronic Register of Road Transport Companies
. - Creation and objectives
Art. 4. Within the Federal Public Service, an electronic register of road transport companies is created.
The Registrar is also made available to regional authorities to meet their similar needs.
Art. 5. The data processed in the Registrar can be used only for the following purposes:
1° appraise the feasibility of road transport companies, transport managers and other people responsible for the daily management of road transport companies;
2° to make possible the search, recognition, prosecution and punishment of serious offences in the field of road transport;
3° make it possible to establish anonymous statistics;
4° allow the management and verification of transport licences and conditions of access to the profession and market of road transport companies;
5° to coordinate and facilitate the control of regulations through the exchange of data with other EU Member States and States that join the network of national electronic records, so that transport companies do not take the risk of committing serious offences;
6° to organize effective administrative collaboration on the one hand with the other EU Member States and the States that are associated with the network of national electronic registers, on the other hand between the federal authority and the regional authorities, so that the costs of controls by the authorities and the administrative expenses of the transport companies decrease.
CHAPTER 2. - Records data
Art. 6. § 1er
. The eRegistra contains the necessary data for the proper execution of the Regulations (EC) No. s
1071/2009, 1072/2009 and 1073/2009, as well as the law transporting goods and its enforcement orders and the law transporting passengers and its enforcement orders, including:
1° the identification data and legal situation of road transport companies;
2° data on transport licences;
3° data on driver certificates;
4° data on the honesty of road transport companies, transport managers and other persons who must meet this requirement;
5° data relating to holders of a certificate of professional capacity for the transport of goods or passengers by road;
6° the data relating to the link between the persons referred to in 4° and the transport companies by road;
7° data on the financial capacity of road transport companies;
8° the data relating to declarations of incapacity of transport managers;
9° data relating to serious offences that have resulted in conviction or punishment, which may jeopardize honesty under the regulations referred to in this section.
§ 2. The King may, respecting community regulations and after the Commission's opinion, specify, amend and complete the data referred to in paragraph 1er
§ 3. For data referred to in paragraph 1er
, 9°, only the most serious offences set out in Schedule IV of Regulation (EC) No 1071/2009 and the carriage of goods or passengers without a transport licence will be taken into the Registrar until 31 December 2015.
CHAPTER 3. - Collection and update of eRegistra data
- Data collection
Art. 7. The competent authority for road transport within the Federal Public Service is responsible for processing personal data contained in the Registrar.
Any person must be informed by the controller of the processing when the data relating to the processing is recorded or is considered to be forwarded to third parties. The information provided specifies the identity of the controller, the type of data processed and the reasons for such action.
The King may, after the Commission's opinion, determine how and under what conditions the controller and the services that provide data must respect their duty of information in accordance with section 9 of the Act of 8 December 1992.
Art. 8. The King shall designate, after the Commission's opinion, for each of the data referred to in Article 6, the services that shall act as authentic sources of such data.
Each designated service shall ensure the primary collection, registration, memorization, management, protection and provision of such data in accordance with the provisions of Community regulations, this Act and the laws and regulations that authorize the collection of data referred to in section 6.
The controller indicates the location of the data.
Section 2. - Update and retention of data
Art. 9. The subsequent changes to the data referred to in Article 6 will be made without delay in the Registrar by indicating the date of their effective date and the services to which they originate.
Art. 10. Personal data processed in the Registrar are retained only during the time required to ensure compliance with legal and regulatory obligations. If applicable, the King shall set a maximum shelf life.
However, the data may not be destroyed beyond this maximum shelf life and may be coded or anonymized according to the terms set by the King, after the Commission's opinion, for historical, statistical or scientific purposes.
CHAPTER 4. - Achieving the principle of single data collection
Art. 11. Except when performing their control tasks, services that have access to data in the Registrar may not reclaim this data directly to the carriers, their attendants or their agents.
As soon as a data is communicated and recorded in the eRegistra, services that have access to the eRegistra can no longer, if this data is not communicated directly to them, impute the fault to the data subject.
CHAPTER 5. - Access to the Registrar and use, modification and deletion of data
Art. 12. § 1er
. Access to the Registrar requires prior authorization from the Sectoral Committee.
Before giving its authorization, the Sectoral Committee shall verify whether such access is in accordance with Community regulations, this Act and its enforcement orders and the Act of 8 December 1992.
§ 2. Derogation from paragraph 1er
, the authorization of the Sectoral Committee is not necessary to:
1° consultation of the data referred to in Article 16, paragraph 2, (a) to (d) of Regulation (EC) No 1071/2009;
2° the consultation of the Registrar in the cases determined by the King after the advice of the Commission.
Art. 13. § 1er
. Any person has the right to obtain free of charge from the controller the communication of the data concerning it that are collected in the Registrar.
§ 2. The registration in the Registrar of the declaration of incapacity of a transport manager pronounced by a competent Belgian authority is promptly communicated by the controller to the transport manager concerned.
Art. 14. § 1er
. Without prejudice to the particular right of opposition provided for in Article 12, § 1er
, paragraph 2 of the Act of 8 December 1992, any person may request from the controller the free rectification of any incorrect data concerning the person concerned, as well as the free deletion of any data concerning the person registered, stored, managed or made available in violation of Community regulations, this Act or its enforcement orders, or the Act of 8 December 1992.
§ 2. The services referred to in section 8 shall, when identifying data that is incorrect or missing in the Registrar, notify the controller directly. This communication obligation is also applicable to the finding of changes or delistings not performed in the Registrar.
Art. 15. The terms and conditions of access to the eRegistra are fixed by the King after the advice of the Commission.
Art. 16. Persons who, in the performance of their duties, intervene in the registration, memorization, management and provision of the data referred to in section 6, or who are aware of such data, are held in professional secrecy.
Art. 17. § 1er
. The person responsible for processing shall, within or outside his or her staff, designate a person responsible for the security of information and the protection of privacy who also performs the function of a person responsible for the protection of the data referred to in section 17bis of the Act of 8 December 1992. The identity of this official is communicated to the Commission.
§ 2. The person responsible for the service denounces to the Commission and the person responsible for the treatment and, where appropriate, also to the person concerned, the abuses he or she would have known.
In the absence of a statement by the service manager, each service directly denounces to the Commission and the controller the abuses it would have known.
Art. 18. The controller is also the national contact point for data exchange, as provided for in section 18 of Regulation (EC) No 1071/2009.
PART 3. - Entry into force
Art. 19. The King shall determine the effective date of each of the provisions of this Act, with the exception of this section which comes into force immediately.
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 15 July 2013.
By the King:
The Minister of the Interior,
Mevr. J. MILQUET
The Minister of Justice,
Mrs. A. TURTELBOOM
Minister of Finance,
The Secretary of State for Mobility,
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
Documents of the House of Representatives:
Number 1: Bill.
Number two: Report.
Number 3: Text corrected by commission.
No. 4: Text adopted in plenary and transmitted to the Senate.
Full report: 23 May 2013.
Documents of the Senate:
No. 1: Project not referred to by the Senate.