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Posted the: 2014-02-18 Numac: 2013014762 FEDERAL PUBLIC SERVICE mobility and transport 15 July 2013. -Law on L'eregistre companies of transport by road (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: title 1. -Provisions General Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
2. for the purposes of this Act and its orders of execution, shall mean: 1 ° "fédéral public Service": 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, person or entity to which are assigned the public missions or general interest by or pursuant to law, excluding the communities and Regions and services arising from the competence of the communities and Regions;
3 ° "law of 8 December 1992": Act of 8 December 1992 on the protection of privacy with regard to the processing of personal data;
4 ° "controller": the person responsible for the processing of personal data as provided for in article 1, § 4, of the Act of 8 December 1992;
5 ° "carriage of goods law": the law of July 15, 2013 on the carriage of goods by road and amending implementation of Regulation (EC) no 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC , and bearing performance of Regulation (EC) no 1072/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules for access to the market for the international carriage of goods by road;
6 ° "Act passenger transport": the law of July 15, 2013 relating to the carriage of passengers by road and on implementation of Regulation (EC) no 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC , and bearing performance of Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006;
7 ° 'treatment': any operation or set of operations relating to the personal data, as defined in article 1, § 2, of the law of 8 December 1992;
8 ° "Commission": the privacy protection Commission, established by article 23 of the law 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 article 36A of the law of 8 December 1992;
10 ° "L'eregistre": the electronic register of road transport undertakings;
11 ° "road transport undertaking": any company that falls within the scope of the carriage of goods or the transport Act Act of travellers;
12 ° "transport license": any licence referred to in the carriage of goods Act or act transport of 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 concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council directive 96/26/EC;
14 ° "Regulation (EC) No. 1072/2009": Regulation (EC) no 1072/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules for access to the market for the international carriage of goods by road;
15 ° "Regulation (EC) No. 1073/2009": Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006.
S. 3. in the event of a contradiction between the provisions of this Act and those of the law of 8 December 1992, regulating the more favourable to the protection of the private life of natural persons will apply.
TITLE 2. -Electronic register of companies of transport by road chapter 1.
-Creation and objectives art. 4 in the federal public Service is created an electronic register of transport companies by road.
The L'eregistre is also made available to regional authorities to cope with similar needs.
S. 5. the information processed in the L'eregistre can be used only for the following purposes: 1 ° assessing the good repute of transport companies by road, managers of transport and other persons responsible for the day-to-day management of road transport companies;
2 ° make possible searching, finding, the prosecution and punishment of serious infringements in the field of road transport;
3 ° make possible the establishment of anonymous statistics;
4 ° allow management and verification of licence transport and the conditions of access to the profession and the market of road transport companies;
5 ° coordinating and facilitating the control of the regulation by the exchange of data with other European Union Member States and the States associated with the network of national electronic registers, so that transport companies do not take the risk of committing serious crimes.
6 ° to organize effective administrative cooperation on the one hand with the other Member States of the European Union and the States associated with the network of national electronic registers, on the other hand between the federal authority and the regional authorities, so decreasing the cost of controls by the authorities and administrative burdens for transport companies.
CHAPTER 2. -Data of the L'eregistre art. 6 § 1. The L'eregistre contains the data necessary for the implementation of regulations (EC) Nos. 1071/2009, 2009-1072 and 1073/2009, as well as the carriage of goods Act and its orders of execution and the passenger transport Act and its enforcement orders, including: 1 ° identification data and the legal situation of road transport companies;
2 ° to the licensing of transport data;
3 ° the data of driver attestations;
4 ° the data on the good repute of road transport companies, transport managers and other persons who must comply with this requirement;
5 ° the data relating to holders of a certificate of professional competence for the carriage of goods or passengers by road;
6 ° data concerning the relationship between the persons referred to 4 ° and road transport companies;
7 ° data relating to the financial capacity of road transport companies;
8 ° the data declarations of unfitness of the transport managers;
9 ° data relating to serious infringements which gave rise to a conviction or a sanction, which may impair the repute under the regulations referred to in this article.
§ 2. The King may, respecting the regulatory community and after the opinion of the Commission, clarifying, modifying and completing the data referred to in paragraph 1.
§ 3. In regards to the data referred to in paragraph 1, 9 °, only the most serious offences laid down in annex IV of Regulation (EC) no 1071/2009 as well as the transport of goods or passengers without a licence from transport will be included in the L'eregistre until December 31, 2015.
CHAPTER 3. -Collection and update of data from the L'eregistre Section 1st. -Collection of data art. 7. the competent authority for the transport by road within the federal public Service is responsible for the processing of the personal data contained in the L'eregistre.
Any person shall be informed by the controller when the data are recorded or it is planned to transmit them to third parties. The information provided shall specify the identity of the controller, the type of data processed and the reasons for such action.
The King may, after the opinion of the Commission, determine how and under what conditions the responsible for the treatment and services that provide data must respect their duty to provide information in accordance with article 9 of the Act of 8 December 1992.
S. 8. the King means, after the opinion of the Commission, for each of the data referred to in article 6, services that will act as authentic of these data sources.
Each service designated for this purpose provides primary collection, recording, storage, management, protection and provision of such data in accordance with the provisions of Community legislation, this Act and the laws and regulations that allow the collection of the data referred to in article 6.
The controller shows the location of these data retention.
Section 2. -Updating and preservation of data art.
9. successive changes to the data referred to in article 6 will be recorded without delay in the L'eregistre indicating the date of effect their and the services which they emanate.
10. the personal data processed in the L'eregistre are retained only while the
time required to ensure compliance with legal and regulatory obligations. If necessary, the King fixed a maximum shelf life.
The data may, however, not be destroyed beyond this maximum shelf life and can be coded or anonymized manner laid down by the King, after the opinion of the Commission, for historical, statistical or scientific purposes.
CHAPTER 4. -Realization of the principle of the unique collection of data art. 11 except during the execution of their tasks, the services that have access to the data contained in the L'eregistre cannot claim again these data directly to businesses of transport, servants or their agents.
As soon as data is communicated and recorded in the L'eregistre, the services that have access to the L'eregistre can no longer, if this information is not communicated to them directly, attribute any blame to the person concerned.
CHAPTER 5. -Access to L'eregistre and use, modification and deletion of data art. 12 § 1. Access to L'eregistre requires a prior permission of the sectoral Committee.
Before giving approval, the sectoral Committee verifies if this access complies with Community regulations, the Act and its implementing orders and the law of 8 December 1992.
§ 2. By way of derogation from paragraph 1, the sectoral Committee's consent is not necessary for: 1 ° the 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 L'eregistre in the cases determined by the King after the opinion of the Committee.
13 § 1. Everyone has the right to obtain free of charge from the controller in the communication of the data contained in the L'eregistre.
2. To L'eregistre the declaration of unfitness of a transportation Manager by a Belgian authority is immediately transmitted by the controller to the concerned transport Manager.
S. 14 § 1. Without prejudice to the right of opposition referred to in article 12, § 1, paragraph 2 of the law of 8 December 1992, any person may apply to the controller free of any incorrect data rectification concerning them, as well as the radiation free of any data on it that is recorded, stored, managed or made available in violation of Community rules This Act and its orders execution, or of the law of 8 December 1992.
§ 2. The services referred to in article 8 must, when faulty or missing data in the L'eregistre, directly notify the responsible for the treatment. This disclosure obligation applies also when changes or radiation not carried out in the L'eregistre.
S. 15. the detailed rules for access to the L'eregistre are fixed by the King after the opinion of the Committee.
16. persons who, in the exercise of their function, are involved in missions for registration, storage, management and provision of the data referred to in article 6, or who have knowledge of such data, are held to professional secrecy.
S. 17 § 1.
The controller means, either within or outside its staff, a head of Department on security of information and protection of privacy that also fulfils the function of protection worker data referred to in article 17A of the Act of 8 December 1992. The identity of the controller shall be communicated to the Commission.
§ 2. The head of Department denounces to the Commission and the responsible for the treatment and, where appropriate, also to the person concerned, the abuse of which he has knowledge.
Absence of a statement by the head of Department, each Department denounces directly to the Commission and the responsible for the treatment the abuses of which he has knowledge.
S. 18. the controller is also the national contact point responsible for the exchange of data, as provided in article 18 of Regulation (EC) no 1071/2009.
-Entry into force art. 19. the King sets the date of entry into force of each of the provisions of this Act, with the exception of this article which comes into force immediately.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given to Brussels, July 15, 2013.
ALBERT by the King: the Minister of the Interior, Mevr.
J. MILQUET. the Minister of Justice, Mrs. A. TURTELBOOM. the Minister of finance, K.
GEENS State Secretary for mobility, M. WATHELET Scellé of the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ parliamentary References Note: records of the House of representatives: 53-2614-2012/2013: No. 1: Bill.
No. 2: report.
No. 3: Text corrected by the commission.
No. 4: Text adopted in plenary meeting and transmitted to the Senate.
Full report: May 23, 2013.
The Senate documents: 5-2108-2012/2013: No. 1: project not referred by the Senate.
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