An Act To Amend The Law Of 10 April 1990 Regulating The Private Security And Special

Original Language Title: Loi modifiant la loi du 10 avril 1990 réglementant la sécurité privée et particulère

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014000055&caller=list&article_lang=F&row_id=1000&numero=1004&pub_date=2014-01-23&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-01-23 Numac: 2014000055 Interior FEDERAL PUBLIC SERVICE 13 January 2014. -Act to amend the law of 10 April 1990 regulating the private security and special 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. -Amendments to the law of 10 April 1990 regulating private and particular security articles
2. at article 1 of the law of 10 April 1990 regulating private security and particular, as amended by the law of 17 August 2013, the following changes are made: 1 ° in the § 1, paragraph 5 is replaced by the following: "the Mayor of the commune in a place where there is dancing, may determine the guarding must be organized in the places where they dance on the territory of the commune. It may, for reasons of security and after consultation with the Chief of the local police force, also determine that this security must consist of a minimum number of people. This number is determined by the King, by Decree deliberated in the Council of Ministers, which sets a minimum and maximum number. ";
2 ° in the § 2, paragraph 1 is replaced by the following:, or, provided that it takes place in places accessible to the public " ((, in the form of activities described in the § 1, paragraph 1, 1 °, 2 °, 3 ° a) or b), 4 °, 6 ° to 8 °. ";
3 ° in the § 2, paragraph 2, 1 °, is replaced by the following: "1 ° the activity of"transport of money"(referred in the § 1, paragraph 1, 3 °, b) (: has) if the carriage is performed by credit institutions themselves, from or to their clients, provided that it relates only to individuals and that the amount of money transported does not exceed the sum of 3,000 euros;"
(b) if the transport does not concern transport from or to clients and transported money does not exceed the sum of 30.000 euros provided that the transport is only individuals morales; ";
4 ° § 2 is supplemented by a paragraph, as follows: "an in-house guarding, with the exception of a security service can provide activities, referred to the § 1, for others than if these activities are exclusively carried out on the territory of the site from which the company which organises the service is the Manager, and this only in cases determined by royal decree deliberated in the Council of Ministers.";
5 ° article is supplemented by the § 12 worded as follows: "§ § 12 12" This Act is of public order. "."
S. 3. at section 2 of the Act, as amended by the Act of 16 January 2013, the following changes are made: 1 ° the § 1bis is replaced by the following: ' by way of derogation to the § 1 internal guarding services referred to in article 1, § 2, are not subject to the obligation of authorisation referred to in article 2 § 1, when exercising the activities referred to in article 1 " , § 1, paragraph 1, 5 ° or 7 °, only in a sporadic way, and exclusively rely this to individuals exercising sporadically and gracefully these activities.
These internal services are not subject to the requirements of articles 2, § 2, 3, 8, §§ 3 to 7, 11, § 1, paragraph 1, b), 13, 14 and 20.
Natural persons who are engaged by these internal security services are not subject to the requirements of articles 5, paragraph 1, 2 ° and 5 °, and 6, paragraph 1, 2 °, provided that they have their legal residence in Belgium for at least three years, and 5 °.
It can exercise activities after receiving the permission of the Mayor of the municipality where these activities are carried out or, in the case where these activities take place on the territory of several communes, of the Mayor of the municipality where they are starting.
In both cases, the authorization of the Mayor is issued after the opinion of the head of the local police. ";
2 ° in the § 2, paragraph 2 is replaced by the following: "the companies authorized for the exercise of the activity referred to in article 1, § 1, paragraph 1, 4 °, may engage in all activities related to the processing of signals of any kind.";
3 ° it is inserted a § 3a, as follows: "§ 3A." The tasks of guarding cannot be outsourced to another company or accepted or executed contract unless: 1 ° both the prime contractor that the subcontractor are permitted for the exercise of these activities;
2 ° the written agreement between the prime contractor and the principal determines the name of the subcontractor, its coordinates and the period, moments and places where it will carry out activities.
The contractor takes in all cases all precautionary measures and performs the necessary controls so that the subcontractor and the people working on its behalf comply with laws in general and this Act and its implementing orders, in particular, and properly execute what was agreed with the principal. "."
S.
4A article 4a of the Act, inserted by the law of 10 June 2001 and amended by the Act of 7 May 2004, the following changes are made: 1 ° in the § 1, two paragraphs worded as follows shall be inserted between paragraphs 3 and 4: "a company cannot obtain the renewal of the authorization or approval for the activities that it has actually exercised in the two years before the date of the authorization or approval.
A company or organization can not get renewal of its authorization or approval if there social or tax debts or debts under the application of this Act or its orders of execution. ";
2 ° the § 1, is completed by two paragraphs, worded as follows: "the authorization or the approval is withdrawn in the following cases: 1 ° when the company, the company organizing a service or organization is in a State of bankruptcy;"
2 ° when the natural person, who is also a company or agency, was removed from the national register of natural persons because of death or departure abroad without leaving a new address, or if it has been cancelled ex officio;
3 ° when registration of the legal person, who is also an undertaking or the undertaking which owns a service or organization, has been struck or deleted from the Crossroads Bank for enterprises;
4 ° where the Minister finds that the enterprise or organization does not meet the condition laid down in article 4quater, § 1, paragraph 1;
5 ° where the Minister finds that the undertaking, service or agency got permission or authorisation on the basis of false or knowingly inaccurate statements;
6 ° where the Minister finds that the enterprise, service or organization no longer meets the conditions laid down by the King in accordance with article 4bis, § 1, paragraph 1, concerning the minimum number of staff and organizational, technical means and infrastructure that the undertaking, service or body must have.
7 ° where the Minister finds that the company or the service no longer meets the conditions of insurance referred to in article 3.
In the case referred to in paragraph 7, the procedure laid down in article 17 is not application. The company, service or agency is informed of the withdrawal by registered post.
In the cases referred to in section 7, 2 ° to 7 °, this withdrawal is made after the company, service or agency was informed by registered mail that the withdrawal of the authorisation or approval is considered, grounds of the withdrawal and the fact that it has a period of thirty days from the date of notification of this mail to contradict the finding made. ";
3 ° § 2 is replaced by the following: "§ § 2 2" Due to urgent and unforeseen circumstances, the Minister of the Interior may, by derogation from article 2, § 1, paragraph 1 and 4, §§ 1 to 3, and under the conditions it determines, decide that a third party may temporarily, during the period preceding the notification of the decision on its application for authorization or approval, pursue the activities referred to in article 1 that the latter has repeatedly a physical or legal person authorized or approved.
The King determines the conditions to satisfy this third party, as well as persons referred to in articles 5 and 6, and the application procedure, and the manner of exercise related to the decision referred to in paragraph 1.
The right to perform the transferred activities terminates of right for the person or entity authorised or approved that transferred the activities from the date on which the decision referred to in paragraph 1 has been notified. "."
S. 5. in the same Act inserted an article 4quater as follows: "article 4quater. § 1. To be allowed or authorised companies and organizations referred to in article 1, may have social or tax debts.
§ 2. Companies and organizations can count among directors, managers, agents, persons with the authority to bind the company or body or persons exercising control of the company or body within the meaning of article 5 of the Code of corporations, physical or legal persons: 1 ° who the exercise of such functions is prohibited pursuant to the arrêté royal n ° 22 of 24 October 1934 prohibiting judicial

made certain convicted offenders and bankrupts from exercising certain functions, professions or activities;
2 ° the past five years, have been found responsible for any commitments or debts of a bankrupt company, in accordance with articles 213, 229, 231, 265, 314, 315, 456, 4 °, or 530 of the Code of corporations, or for which the Court has not pronounced the guarantors on the basis of article 80 of the law of 8 August 1997 on bankruptcy;
3 ° which, during the three years, have been involved in a bankruptcy or have had tax or social debts or debts under the application of this Act or its orders for execution.
§ 3. Companies and organizations referred to in article 1 shall comply with the obligations under the social and tax legislation.
§ 4. Of the absence of social or tax debts, referred by or under this Act, proof by the transmission to the Minister of the Interior of current certificates of authorities. "."
S. "6a article 5 of the Act, as amended by the law of April 28, 2010, the following changes are made: 1 ° in the introductory sentence of paragraph 1, the words"and persons exercising control of a company or body within the meaning of article 5 of the Code of corporations"shall be inserted between the words"persons"who sit on the Board of Directors of a company or body and the words" must meet";
2 ° in the paragraph 1, 4 °, the words "prison officer", shall be inserted between the words "activities" and the words "private detective";
3 ° in the 1st paragraph, 6 ° is replaced by the following: "6 ° not have been, during the five years preceding, Member of a police force as defined by the Act of 5 August 1992 on police function, with the exception of prospective agents and aspiring police inspectors who have only four months of training up , or a public information service, as defined by the Act of 18 July 1991 organic control of the police and information and the coordinating body for threat analysis. ";
4 ° in the 1st paragraph, 8 °, the words "or tax" shall be inserted between the words "social obligations" and the words "as an entrepreneur";
5 ° in paragraph 2, the words "and persons exercising control of the company or body within the meaning of article 5 of the Code of corporations" shall be inserted between the words "the members of the Board of Directors" and the words ", provided that they do not ensure the effective management of the enterprise or organization.".
S.
7. at article 6 of the Act, as amended by the law of April 28, 2010, the following changes are made: 1 ° in the paragraph 1, 4 °, the words "prison officer", shall be inserted between the words "activities" and the words "of private detective";
2 ° in the 1st paragraph, 6 ° is replaced by the following: "6 ° not have been, during the five years preceding, Member of a police force as defined by the Act of 5 August 1992 on police function, with the exception of prospective agents and aspiring police inspectors who have only four months of training up , or a public information service, as defined by the Act of 18 July 1991 organic control of the police and information and the coordinating body for threat analysis. "."
S. 8. at section 8 of the Act, as amended by the law of April 28, 2010, the following changes are made: 1 ° § 3 is supplemented by three paragraphs, worded as follows: "the identification card may be withdrawn in accordance with article 17.
The identification card is removed when the person concerned: 1 ° has been removed from the national register of natural persons for cause of death or departure abroad without leaving a new address, or if it has been cancelled ex officio;
2 ° no longer meets the conditions referred to in articles 5, paragraph 1, 1 °, or 6, paragraph 1, 1 °, following a judgment in force of res judicata;
3 ° is more a national of a Member State of the European Union and therefore no longer meets the conditions referred to in articles 5, paragraph 1, 2 °, or 6, paragraph 1, 2 °;
4 ° has more main residence in a Member State of the European Union and therefore no longer meets the conditions referred to in articles 5, paragraph 1, 3 °, or 6, paragraph 1, 3 °.
In the case referred to in paragraph 7, the procedure laid down in article 17 does not apply.
The person and the company, the service or the body to which it belongs are informed of the withdrawal by registered post. In the case referred to in paragraph 7, 1 °, 3 ° and 4 °, the withdrawal is carried out after information of the person concerned by registered mail that a withdrawal of the identification card is envisaged, the grounds of the withdrawal and the fact that it has a period of thirty days from the date of notification of this consignment to contradict the finding made. ";
2 ° in the § 6a, a paragraph worded as follows is inserted between paragraphs 2 and 3: "(La condition visée à l'alinéa 2, f), is not applicable when the controls take place, in airports, ports and railway stations, under the control of crossing of boundaries or the control of access to sites to be protected for reasons of security" in accordance with the European regulation or specific legislation. ";
3 ° article is supplemented by the § 12, as follows: "§ § 12 12" The company concludes, prior to carrying out the activities referred to in article 1, § 1, paragraph 1, an agreement in writing with the principal. The Minister of the Interior may lay down the rules to be included in the convention. "."
S. 9. article 10 of the same Act, replaced by the law of 18 July 1997 and as last amended by the Act of 7 May 2004, is supplemented by a paragraph as follows: ' staff directing businesses, services and organizations communicate, as soon as it has knowledge, to the public Service federal Interior, all the facts which constitute an offence or a crime committed by persons exercising a function under this Act and committed in the exercise " or in connection with the exercise of their function. "."
S. 10. in article 11 of the same Act, as last amended by the Act of 7 May 2004, § 3 is replaced by the following: "§ § 3 3" The places referred to in article 1, § 1, paragraph 2, are the following: 1 ° the places accessible to the public-owned infrastructure companies of public transport or airports;
2 ° the places where a character exclusively cultural, folk, commercial or sporting event is organized, its duration;
3 ° the following places that are closed to the public by way of temporary or periodic and for the duration of this closure: a. sites not inhabited;
b. industrial zones, which are not other inhabited buildings that people inhabited in activities relating to companies that there are established;
4 ° limited perimeter of portions of the highway adjacent to the buildings of international institutions and embassies determined by the Minister of the Interior, and whose access to the public is restricted temporarily and during the term of this limitation.
In the cases referred to in paragraph 1, 2 ° and 4 °, the activities cannot be performed, if the administrative authority has no elements which may indicate that public order will be disturbed.
In the cases referred to the paragraph 1, 2 ° to 4 °, a settlement of fixed police the demarcation of the area or the perimeter where can be exercised custodianship, duration or, where appropriate, activities periodicity during which the measure applies and the security company that will run the mission.
In the cases referred to in this paragraph, the beginning and the end of the area where the activities are shown visibly and in the manner determined by the Minister of the Interior. "."
S. 11A article 13.15 of the Act, inserted by the law of 27 December 2004 and amended by the law of August 3, 2012, the following changes are made: 1 ° in the paragraph 1, the words "in articles 13.1, § 5, 13.5 and 13.11 to 13.14" are replaced by the words "articles 13.5 and 13.12 to 13.14";
2 ° a paragraph worded as follows is inserted between paragraphs 1 and 2: "people who exercise the powers referred to in this chapter, wear, during the exercise of their activities, clearly legible manner the identification card or a badge of identification showing their name, the public transit company's name and the address of the place of business." They justify their quality by presenting this card to the person concerned or badge when they carry out the checks referred to in article 13.11 "."
S. 12A article 16 of the same Act, amended last April 28, 2010, are made the following amendments: 1 ° in the paragraph 1, the sentence "They have the right to issue notices that are prima facie evidence to the contrary."
is repealed;
2 ° three paragraphs worded as follows shall be inserted between paragraphs 2 and 3: "in the exercise of their function, the persons referred to in paragraph 1 may: 1 ° access to the business, service or agency during opening or working hours;"
2 ° perform any research, any control and any hearing so that collect any information they deem necessary to ensure that the provisions of this Act and its implementation orders are complied with, in particular: a) when they deem it necessary, verify the identity

and examine any person aware of facts that are useful for the smooth functioning of the control;
(b) be present on-site documents, parts, books, books, discs, records, computer media or recording camera images they need for their investigations and findings and take extracts, exemplifications or copies;
c) enter, against acknowledgement of receipt, the documents referred to under b) required for the evidence of an offence under this Act and its implementing decrees;
d) if they have reason to believe in the existence of an offence, enter premises inhabited, with the consent of the occupant or the authorization issued by the investigating judge.
Visits without permission of the occupant in inhabited spaces are between eight and eighteen hours by at least two officials or agents working together.
They have the right to issue notices that are prima facie evidence to the contrary.
Persons referred to in paragraph 1 shall take the necessary measures in order to respect the confidential nature of personal data which they have become aware in the exercise of their mission and to ensure that these data are used exclusively for the exercise of their mission. "."
S. 13. the title of chapter V of the Act is replaced by the following: Chapter v - measures and sanctions art.
14. in the introductory phrase of article 17, paragraph 1, of the Act, as amended, as last amended by the Act of 7 May 2004, the words "without prejudice to articles 18 and 19' are replaced by the words" without prejudice to articles 4bis, § 1, paragraph 7, 8, § 3, paragraph 6, and 19 ".
S. 15A section 19 of the Act, as amended by the law of April 28, 2010, the following changes are made: 1 ° in the § 1, paragraph 1, 1 ° is replaced by the following: "1 ° be sent a warning by which the offender is urged to end or not to repeat the facts dependant;";
2 ° in the § 1, paragraph 1, the 3rd is replaced by the following: "3 ° or be imposed a fine of 100 euros to 25,000 euros, being understood that the amount of the administrative fine is determined according to the ranges of fines applicable to infringements of the provisions referred to in the table of fines annexed to this Act.";
3 ° in § 4, 2 ° is replaced by the following: "2 ° thereafter to be given to the warning";
4 ° in § 5, paragraph 5, the first sentence is replaced by the following: "guarding and companies when they have no place of business in Belgium, enterprises, organizations and enterprises a service, provide a bank guarantee feasible at first request to a value of 12,500 euros to guarantee payment of fees and administrative fines.".
S. 16. article 21 of the same Act, replaced by the law of April 28, 2010, is replaced by the following: 'article 21 § 1. This law shall apply in the exercise activities referred to in article 1, even if a European regulation or specific legislation provides for the obligation to exercise or to organize such activities.
The King may, by Decree deliberated in the Council of Ministers, adopt the list of occupations or activities that are not considered as an activity referred to in article 1 because the function and the skills of its practitioners are governed by a law which provides the necessary rules of protection for persons who are the subject of these activities.
§ 2. The means, methods and procedures, used by businesses and services upon the exercise of activities, referred to in article 1, § 1, shall be without prejudice to the European regulation or specific laws that provide for more specific rules than those laid down in or under this Act. "."
S. 17. in the same Act, it is inserted an annex entitled "Table of fines" which is attached in the annex to this Act.
CHAPTER 3. – Authorisation of coordination s. 18. the King can coordinate the provisions of the law of 10 April 1990 regulating private and particular security and provisions which have expressly or impliedly amended them at the time of the coordination.
To this end, it may: 1 ° modify the order, numbering and in general, the presentation of the provisions to coordinate;
2 ° amend the references contained in the provisions to coordinate to put them in line with the new numbering;
3 ° amend the drafting of the provisions to coordinate to ensure consistency and to unify the terminology without that it can be infringed the principles embodied in these provisions.
Coordination will be the following title: "Act regulating private and particular security coordinated the...".
It will enter into force on the date of its confirmation by the Act.
CHAPTER 4. -Entry into force art.
19. article 3, 1 °, comes into force January 1, 2015.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels on January 13, 2014.
PHILIPPE by the King: the Minister of the Interior: Ms. J. MILQUET sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note House of representatives.
Documents: 53-3224. -Full report: 17 and 18 December 2013.
Senate.
Documents: 5-2420.
– Annals of the Senate: December 20, 2013.

Annex. -Table of fines the administrative fine is determined between: in the case of offences or under: 15,000 euros and 25,000 euros article 2, § 1, art. 4, § 1, art. 4, § 2, art. 4, § 3, paragraph 1, and art. 13.18, whenever activities actually carried out 12,500 euros and 15,000 euros article 2, § 1, art. 4, § 1, art. 4, § 2, art. 4, § 3, paragraph 1, and art.13.18, each time that the activities have not been implemented effectively, but that the person concerned be made as such, art. 8, § 5, paragraph 3 10,000 euros and 12,500 euros article
2, § 3A, art. 3, art. 15, § 3 7,500 euros and 10,000 euros article
1, § 1, paragraph 2 and 5, art. 2, § 2, paragraphs 1 and 2, § 3A, art. 8, § 2, paragraph 6, § 5, paragraph 4 and § 12, art. 11, § 1 and § 3, art. 13.5 to 13.7 inclusive art, art. 13.21, art. 13.22, paragraphs 2 and 3, art. 13.23, art. 13.29, art. 13.30 to art. included 13.32, art. 15, § 1 5,000 euros and 7,500 euros article 5, paragraph 1, 1 ° and 8 °, art.
8, § 2, paragraphs 1, 3 and 5, § 3A, paragraph 1, § 4, § 5, paragraph 2, § 7 and § 11, art. 9, § 4, art. 10, art. 11, § 2; art. 13.9, art. 13.11 to art. included 13.15, art. 13.24 to art. included 13.28, art. 16, paragraph 2;
art. 20 2,500 euros and 5,000 euros article 1, § 11, paragraph 2, art. 2, § 1bis, art. 4, § 3, paragraph 2, art. 4bis, § 1, art. 4B, paragraph 4, art. 5, paragraph 1, 2 ° to 7 ° included and 9 ° to 12 °, included art.
6, paragraph 1, 1 ° and 8 °, art. 7, art. 8, § 1, § 2, paragraph 4, § 3, paragraphs 1 and 4, § 3A, paragraph 2, § 5, paragraph 1, § 6 to § 6quater included, § 8 and § 9, art. 12, § 2, art. 13, art. 13.4, art. 13.10 and art. 13.22, paragraph 1, art. 14 1,000 euros and 2,500 euros article 6, paragraph 1, 2 ° to 7 ° included and 9 ° to 11 °, included art. 8, § 3, paragraph 1, art. 9, § 1-§ 3 included 500 euros and 1,000 euros article 8, § 3, paragraphs 3 and 4, art. 12, § 1.

Seen to be annexed to the Act of January 13, 2014, amending the law of 10 April 1990 regulating private and particular security given to Brussels, 13 January 2014.
PHILIPPE by the King: the Minister of the Interior: Ms. J. MILQUET sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM