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13 JANVIER 2014. - An Act to amend the Act of 10 April 1990 regulating private security

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 to the Act of 10 April 1990 regulating private and special security
Art. 2. Article 1^er of the Act of 10 April 1990 regulating private and special security, last amended by the Act of 17 August 2013, the following amendments are made:
1° in § 1^erParagraph 5 is replaced by the following:
"The township of the commune in which there is a place where one dances, can determine that guardianship must be organized in the places where one dances in the territory of his commune. It may, for security reasons and after the advice of the chief of the local police, also determine that the guard must consist of a minimum number of persons. This number is determined by the King, by order deliberately in the Council of Ministers, which sets a minimum and maximum number."
2° in § 2, paragraph 1^er is replaced by the following:
"is considered to be an internal custodial service within the meaning of this Act, any organized service, for its own needs, by a natural or legal person, in the form of an activity referred to in § 1^erParagraph 1^er, 5° or 3°, d), or, as long as it takes place in places accessible to the public, in the form of activities referred to in § 1^erParagraph 1^er, 1°, 2°, 3° (a) or (b), 4°, 6° to 8°. ";
3° in § 2, paragraph 2, 1°, is replaced by the following:
"1° the activity of "transport of money" referred to in § 1^erParagraph 1^er3°, b):
(a) if the transport is carried out by credit institutions themselves, from or to their customers, provided that it concerns only individuals and that the amount of the money carried does not exceed the sum of 3,000 euros;
(b) if the transport does not concern a transport from or to customers and that the money carried does not exceed the sum of 30,000 euros as long as the transport only involves legal persons;";
§ 2 is supplemented by a paragraph, which reads as follows:
"An internal guarding service, with the exception of a security service, cannot take any activities, referred to in § 1^er, for third parties that if these activities are exclusively carried out on the territory of the site whose company that organizes the service is the manager, and this only in the cases determined by royal decree deliberated in Council of Ministers. ";
5° the article is supplemented by § 12 as follows:
§ 12. This Act is in public order.".
Art. 3. In section 2 of the Act, last amended by the Act of 16 January 2013, the following amendments are made:
1° § 1^erbis is replaced by the following:
"By derogation from § 1^erthe internal custodial services referred to in section 1^er§ 2, are not subject to the obligation of authorization referred to in Article 2, § 1^erin the exercise of the activities referred to in Article 1^er§ 1^erParagraph 1^er, 5° or 7°, only in a sporadic way, and exclusively appeal to natural persons who exercise sporadically and gracefully these activities.
These internal services are not subject to the requirements of articles 2, § 2, 3, 8, §§ 3 in 7, 11, § 1^erParagraph 1^er, (b), 13, 14 and 20.
Physical persons who are engaged by these internal custodial services are not subject to the requirements of articles 5, paragraph 1^er, 2° and 5°, and 6, paragraph 1^er2°, provided they have their legal principal residence in Belgium for at least three years, and 5°.
It may carry out activities after receiving the authorization of the township of the commune where these activities take place or, in the case where these activities take place in the territory of several municipalities, from the village of the commune from which they start.
In both cases, the authorization of the mayor is issued after notice of the local police chief. ";
2° in § 2, paragraph 2 is replaced by the following:
"Companies authorized for the exercise of the activity referred to in section 1^er§ 1^erParagraph 1^er, 4°, may carry out all activities related to the treatment of signals of any kind. ";
3° it is inserted a § 3bis, written as follows:
" § 3bis. Custodial missions may not be subcontracted to another company or accepted or executed in subcontract unless:
1° both the principal contractor and the subcontractor are authorized to carry out these activities;
2° the written agreement between the principal contractor and the principal determines the name of the subcontractor, its contact details and the period, times and places where it will perform the activities.
The principal contractor shall, in all cases, take all precautionary measures and perform the necessary controls so that the subcontractor and the persons working on his behalf shall comply with the laws in general and this Act and its enforcement orders, in particular, and perform properly what has been agreed with the principal."
Art. 4. In section 4bis of the Act, inserted by the Act of 10 June 2001 and amended by the Act of 7 May 2004, the following amendments are made:
1° in § 1^ertwo subparagraphs, as follows, are inserted between paragraphs 3 and 4:
"A company may only be granted the renewal of the authorization or licence for the activities it has actually carried out in the two years prior to the expiry of the authorization or licence.
A business or agency may not renew its authorization or approval if it has tax or social debts or debts under the application of this Act or its enforcement orders. ";
2° § 1^er, is supplemented by two subparagraphs, as follows:
"The authorization or approval is withdrawn in the following cases:
1° where the company, agency or company organizing a service is in a state of bankruptcy;
2° where the natural person, who is also a business or organization, has been removed from the national register of natural persons because of death or departure abroad without leaving a new address, or if it has been removed from office;
3° where the registration of the corporation, which is also a company or company to which a service or agency belongs, has been radiated or deleted from the Banque-Carrefour des Entreprises;
4° where the Minister finds that the company or agency does not meet the requirement of section 4quater, § 1^erParagraph 1^er;
5° where the Minister finds that the company, service or agency has obtained authorization or approval on the basis of false or knowingly inaccurate statements;
6° where the Minister finds that the company, service or agency no longer meets the conditions laid down by the King under section 4bis, § 1^erParagraph 1^erthe minimum number of personnel and organizational, technical and infrastructure assets to be disposed of by the company, service or organization;
7° where the Minister finds that the company or service no longer meets the insurance conditions referred to in section 3.
In the cases referred to in paragraph 7, the procedure provided for in Article 17 is not applicable. The company, service or organization is informed of the recommended withdrawal by mail. In the cases referred to in paragraph 7, 2° to 7°, this withdrawal shall be effected after the company, service or agency has been informed by registered mail that the withdrawal of the authorization or approval is considered, the reasons for the withdrawal and the fact that it has a period of thirty days from the date of notification of that letter to contradict the notice made. ";
3° § 2 is replaced by the following:
"§2. Due to urgent reasons and unforeseen circumstances, the Minister of the Interior may, by derogation from Articles 2, § 1^erParagraph 1^er§§ 1^er to 3, and under the conditions it determines, decide that a third party may temporarily, during the period preceding the notification of the decision relating to its application for authorization or approval, continue the activities referred to in Article 1^er, that the latter has taken over from an authorized or approved natural or legal person.
The King shall determine the conditions to which the third party, as well as the persons referred to in Articles 5 and 6, shall satisfy as well as the application procedure, and the procedure for exercising the decision referred to in paragraph 1^er.
The right to exercise the transferred activities shall be terminated in full law for the authorized or authorized natural or legal person who has transferred the activities from the date on which the decision referred to in paragraph 1^er he was notified."
Art. 5. In the same Act, an article 4quater is inserted as follows:
"Art. 4quater. § 1^er. To be authorized or aggregated, enterprises and organizations referred to in Article 1^er, cannot have tax or social debts.
§ 2. Companies and organizations may not be among directors, managers, agents, persons with the power to engage the company or agency or persons exercising control of the enterprise or agency within the meaning of Article 5 of the Code of Companies, natural or legal persons:
1° to whom the exercise of such functions is defended under Royal Decree No. 22 of 24 October 1934 concerning the prohibition of judicial proceedings against certain convicts and failed to perform certain functions, professions or activities;
2° that, over the past five years, have been declared responsible for the obligations or debts of a failed corporation, pursuant to sections 213, 229, 231, 265, 314, 315, 456, 4°, or 530 of the Corporations Code, or for which the court did not declare the excusability on the basis of section 80 of the Bankruptcy Act of 8 August 1997;
3° that, over the past three years, have been involved in bankruptcy or have had tax or social debts or debts under the application of this Act or its enforcement orders.
§ 3. Companies and organizations referred to in Article 1^er must meet the obligations under social and fiscal legislation.
§ 4. Evidence of the absence of social or fiscal debts, as provided by or under this Act, is provided by the transmission to the Minister of the Interior of the current certificates of the competent authorities. ".
Art. 6. In section 5 of the Act, last amended by the Act of 28 April 2010, the following amendments are made:
1° in the introductory sentence of paragraph 1^er, the words "and persons who exercise control of a company or agency within the meaning of section 5 of the Corporate Code" are inserted between the words "people who sit on the board of a company or agency" and the words ", must satisfy";
2° in paragraph 1^er, 4°, the words "of prison officer" are inserted between the words "activities" and the words "private detective";
3° in paragraph 1^er, the 6° is replaced by the following:
"6° has not been, in the preceding five years, a member of a police service as defined by the Police Function Act of 5 August 1992, with the exception of aspirants officers and aspirants police inspectors who have conducted only four months of training to the maximum, or a public intelligence service, as defined by the Act of 18 July 1991 of the Organization for the Control of Police and Intelligence Services ";
4° in paragraph 1^er, 8°, the words "or tax" are inserted between the words "social obligations" and the words "as an entrepreneur";
5° in paragraph 2, the words "and persons who exercise control of the company or agency within the meaning of section 5 of the Code of Companies" are inserted between the words "members of the board of directors" and the words ", provided that they do not ensure the effective direction of the company or agency.".
Art. 7. In section 6 of the Act, last amended by the Act of 28 April 2010, the following amendments are made:
1° in paragraph 1^er, 4°, the words "of prison officer" are inserted between the words "activities" and the words "private detective";
2° in paragraph 1^er, the 6° is replaced by the following:
"6° has not been, in the preceding five years, a member of a police service as defined by the Police Function Act of 5 August 1992, with the exception of aspirants officers and aspirants police inspectors who have conducted only four months of training to the maximum, or a public intelligence service, as defined by the Act of 18 July 1991 of the Organization for the Control of Police and Intelligence Services ".
Art. 8. In section 8 of the Act, last amended by the Act of 28 April 2010, the following amendments are made:
1° § 3 is supplemented by three paragraphs, which read as follows:
"The identification card may be removed in accordance with Article 17.
The identification card is removed when the individual:
1° has been removed from the national register of natural persons because of death or departure abroad without leaving a new address, or if it has been removed from office;
2° no longer complies with the requirement of Articles 5, paragraph 1^er, 1°, or 6, paragraph 1^er, 1°, following a judgment cast in force of judgment;
3° is no longer a national of a Member State of the European Union and therefore no longer satisfied with the condition referred to in Articles 5, paragraph 1^er, 2°, or 6, paragraph 1^er2°;
4° no longer has a principal residence in a Member State of the European Union and therefore no longer complies with the condition referred to in Articles 5, paragraph 1^er, 3°, or 6, paragraph 1^erThree.
In the cases referred to in paragraph 7, the procedure provided for in section 17 shall not apply. The individual and the company, service or organization of which he or she is a member are informed of the recommended withdrawal. In the cases referred to in paragraph 7, 1°, 3° and 4°, this withdrawal shall be effected after the information of the person concerned by registered mail because a withdrawal of the identification card is considered, the reasons for this withdrawal and the fact that it has a period of thirty days from the date of notification of that consignment to contradict the notice made. ";
2° in § 6bis, a paragraph written as follows is inserted between paragraphs 2 and 3:
"The condition referred to in paragraph 2, (f), is not applicable where the controls take place in airports, ports and stations within the framework of border crossing control or access control to places that must be protected for security reasons, in accordance with European regulations or special legislation. ";
3° the article is supplemented by § 12, written as follows:
§ 12. The undertaking concludes, prior to the exercise of the activities referred to in section 1^er§ 1^erParagraph 1^era written agreement with the principal. The Minister of the Interior may set the rules to be included in the convention.".
Art. 9. Section 10 of the Act, replaced by the Act of 18 July 1997 and last amended by the Act of 7 May 2004, is supplemented by a paragraph written as follows:
"The executive staff of the companies, services and agencies shall, as soon as they are aware, communicate to the Federal Internal Public Service all acts that constitute an offence or offence committed by persons exercising a function under this Act and committed in the exercise or exercise of their functions. ".
Art. 10. In Article 11 of the Act, last amended by the Law of 7 May 2004, § 3 is replaced by the following:
§ 3. The places referred to in Article 1^er§ 1^erParagraph 2 is as follows:
1° places accessible to the public owned by public transport companies or airports;
2° places where an event of an exclusively cultural, folkloric, commercial or sporting character is organized for its duration;
3° the following places which are temporarily or periodically closed to the public and during the period of such closure:
a. unmanned places;
b. industrial areas, in which no other manned buildings are located than those inhabited in the context of business activities established therein;
4° the limited perimeter of portions of the public road adjacent to the buildings of international institutions or embassies determined by the Minister of the Interior, and whose access to the public is temporarily limited and for the duration of this limitation.
In cases referred to in paragraph 1^er, 2° and 4°, the activities can only be carried out if the administrative authority does not have elements that may indicate that the public order will be disrupted.
In cases referred to in paragraph 1^er, 2° to 4°, a police regulation sets out the delimitation of the area or perimeter where custodial activities may be carried out, the duration or, if any, the periodicity during which the measure applies as well as the custodial undertaking that will perform the mission.
In the cases referred to in this paragraph, the beginning and end of the area in which the activities take place are clearly indicated and in the manner determined by the Minister of the Interior. ".
Art. 11. In section 13.15 of the Act, inserted by the Act of 27 December 2004 and amended by the Act of 3 August 2012, the following amendments are made:
1° in paragraph 1^erthe words "at articles 13.1, § 5, 13.5 and 13.11 to 13.14" are replaced by the words "at articles 13.5 and 13.12 to 13.14". ";
2° a paragraph written as follows is inserted between subparagraphs 1^er and 2:
"People who exercise the skills referred to in this chapter shall, in the course of their activities, clearly legiblely carry the identification card or identification badge indicating their name, the name of the public transit company and the address of the operating seat. They justify their quality by presenting to the person concerned this card or unsigned when performing the control referred to in 13.11. ".
Art. 12. In section 16 of the Act, last amended on April 28, 2010, the following amendments are made:
1° in paragraph 1^er, the sentence "They have the right to file minutes that are authentic until proven otherwise." is repealed;
2° 3 sub-paragraphs are inserted between paragraphs 2 and 3:
"In the exercise of their function, persons referred to in paragraph 1^er may:
1° access to the company, service or organization during opening or working hours;
2° perform any research, control and hearing as well as any information they consider necessary to ensure that the provisions of this Act and its enforcement orders are complied with, in particular:
(a) when deemed necessary, control the identity and question any person who is aware of the facts that are useful for the proper conduct of the control;
(b) the documents, parts, records, books, records, records, records, computers or video recordings that they require for their investigations and findings and take extracts, amplitudes or copies;
(c) seize, against acknowledgement of receipt, the documents referred to in (b) necessary to prove an offence under this Act and its enforcement orders;
(d) if they have reason to believe in the existence of an offence, enter into inhabited premises, with the prior authorization of the occupant or the authorization granted by the investigating judge. Visits without permission of the occupant in inhabited premises are between eight and eighteen hours per at least two officials or agents working together.
They have the right to file minutes that are believed to the contrary.
Persons referred to in paragraph 1^er take the necessary measures to respect the confidential nature of the personal data they were aware of in the exercise of their mission and to ensure that these data are used exclusively for the exercise of their mission. ".
Art. 13. The title of Chapter V of the Act is replaced by the following:
CHAPTER V. - Measures and sanctions
Art. 14. In the introductory sentence of article 17, paragraph 1^er, of the same law, last amended by the law of 7 May 2004, the words "Without prejudice to articles 18 and 19" are replaced by the words "Without prejudice to articles 4bis, § 1^erParagraph 7, 8, § 3, paragraph 6, and 19".
Art. 15. In section 19 of the Act, last amended by the Act of 28 April 2010, the following amendments are made:
1° in § 1^erParagraph 1^er1° is replaced by the following:
"1° be sent a warning by which the offender is urged to put an end or not to repeat the facts charged to him; ";
2° in § 1^erParagraph 1^er, the 3° is replaced by the following:
"3° or be imposed an administrative fine of 100 euros to 25,000 euros, on the understanding that the amount of the administrative fine is determined according to the ranges of fines applicable to the provisions of the fines table annexed to this Act.";
3° in § 4, the 2° is replaced by the following:
"2° the suite that must be given to the warning";
4° in § 5, paragraph 5, the first sentence is replaced by the following:
"The custodial companies and when they do not have an operating seat in Belgium, the companies, the agencies and the companies organizing a service, provide a bank guarantee at first request, up to a sum of 12,500 euros in guarantee of payment of royalties and administrative fines. ".
Art. 16. Section 21 of the Act, replaced by the Act of 28 April 2010, is replaced by the following:
"Art. 21. § 1^er. This Act is applicable in the exercise of the activities referred to in section 1^er, even if a European regulation or special legislation provides for the obligation to exercise or organize such activities.
The King may, by order deliberately in the Council of Ministers, stop the list of occupations or activities that are not considered an activity referred to in Article 1^er because the function and skills of its practitioners are governed by a law that provides the necessary rules of protection for persons who are the subject of these activities.
§ 2. Means, methods and procedures used by businesses and services in the exercise of activities, referred to in section 1^er§ 1^er, are carried out without prejudice to European regulations or specific legislation that provide for more specific terms than those provided for in or under this Act.".
Art. 17. In the same Act, an annex is inserted entitled "Table of Fines" which is annexed to this Act.
CHAPTER 3. - Authorization for coordination
Art. 18. The King may coordinate the provisions of the Act of 10 April 1990 regulating private and special security and the provisions that would have expressly or implicitly modified them at the time of coordination.
To this end, He may:
1° amend the order, numbering and in general the presentation of the provisions to be coordinated;
2° amend the references contained in the provisions to be coordinated with a view to aligning them with the new numbering;
3° amend the drafting of the provisions to be coordinated in order to ensure their consistency and to unify the terminology without prejudice to the principles set out in these provisions.
The coordination will bear the following title: "Law regulating private and particular security, coordinated the ...".
It shall enter into force on the date of its confirmation by law.
CHAPTER 4. - Entry into force
Art. 19. Article 3, 1°, comes into force on 1^er January 2015.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 13 January 2014.
PHILIPPE
By the King:
The Minister of the Interior:
Ms. J. MILQUET
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
House of Representatives.
Documents: 53-3224. - Full report: 17-18 December 2013.
Senate.
Documents: 5-2420. - Annales of the Senate: December 20, 2013.

Annex. - Fines table

Seen to be annexed to the Act of 13 January 2014 amending the Act of 10 April 1990 regulating private and special security
Given in Brussels on 13 January 2014.
PHILIPPE
By the King:
The Minister of the Interior:
Ms. J. MILQUET
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM