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26 DECEMBER 2013. - An Act to insert section XII.5 into Book XII, "Law of the Electronic Economy" of the Economic Law Code (1)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER I^er.. - General provision
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
CHAPTER II. - The Economic Law Code
Art. 2. In Book XII, Title 1^er, chapter 2, section 3 of the Economic Law Code, an article XII.5 is inserted as follows:
"Art. XII.5. § 1^er. Under the conditions set out in §§ 2 to 5, the King shall, by derogation from the provisions of Article XII.3, establish the terms under which the authorities designated by him may take specific measures restricting the free movement of a service of the information society provided by a provider established in another Member State.
§ 2. The measures referred to in §§ 1^er and 6 shall be:
1° required for one of the following reasons:
- public order, in particular prevention, investigation, detection and prosecution in criminal matters, including the protection of minors and the fight against incitement to hatred for reasons of race, sex, religion or nationality and against violations of the dignity of the human person,
- the protection of public health,
- public security, including the protection of national security and defence,
- consumer protection, including investors;
2° adopted in respect of an information society service that affects the objectives set out in 1° or presents a serious and serious risk of achieving these objectives;
3° proportional to these objectives.
§ 3. Without prejudice to the judicial proceedings, including the acts carried out in the context of judicial information or instruction, the authorities referred to in § 1^er must before the adoption of any measure, ask the Member State in whose territory the provider concerned is established to take the necessary steps to safeguard the objectives referred to in § 2, 1°.
§ 4. If the member State concerned fails to comply with this request or take sufficient measures, the authorities referred to in § 1^er advise the investigating judge of the Brussels judicial district.
They first notify the European Commission and this Member State of their intention.
§ 5. In the event of an emergency, and the conditions set out in § 2, the authorities referred to in § 1^er may notify the investigating judge immediately, provided that they notify the European Commission and the member State concerned as soon as possible.
§ 6. The investigating judge, when notified by the authorities referred to in § 1^er, in accordance with the provisions of § 2 and §§ 4 or 5, may, by reason of order, enjoin the service providers, when they are in a position to do so, to suspend, within and for the duration it determines and which cannot exceed one month, the provision to the service provider established in another Member State, of the communication technique used for the realization of the actions that put at risk or that risk §
The examining magistrate may extend the effects of his or her order once or more; He must put an end to it as soon as the circumstances that justified him have disappeared."
CHAPTER III. - Abrogatory provision
Art. 3. The Act of 11 March 2003 on certain legal aspects of the services of the information society referred to in Article 77 of the Constitution is repealed.
CHAPTER IV. Attribution of skills
Art. 4. Existing royal laws or decrees referring to the law referred to in Article 3 are presumed to refer to the equivalent provisions of the Economic Law Code, as inserted in this Act.
Art. 5. The King may replace references in existing laws or decrees to the law referred to in Article 3 with references to the equivalent provisions of the Economic Law Code, as inserted in this Act.
Art. 6. The King may coordinate the provisions of the Economic Law Code, as set out in this Act, with the provisions that would have expressly or implicitly amended 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.
CHAPTER V. - Entry into force
Art. 7. The King shall determine the date of entry into force of each of the provisions of this Act and of each of the provisions set out in this Act in the Economic Law Code.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given at Ciergnon, December 26, 2013.
PHILIPPE
By the King:
Minister of Economy and Consumers,
J. VANDE LANOTTE
The Minister of Justice,
Ms. A. TURTELBOOM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
See:
Documents of the House of Representatives:
53-2964 - 2012/2013:
Number 1: Bill.
53-2964 - 2013/2014:
Number 2: text corrected by the commission.
Number three: Report.
No. 4: Text adopted in plenary and transmitted to the Senate.
Full report: 14 November 2013.
See also:
Documents of the House of Representatives:
53-2963 - 2012/2013:
Number 1: Bill.
53-2963 - 2013/2014:
Number 2: text corrected by the commission.
Number three: Report.
No. 4: Text adopted in plenary and transmitted to the Senate.
Full report: 14 November 2013.
Documents of the Senate:
5-2343 - 2013/2014:
No. 1: Project transmitted by the House of Representatives.
Number two: Report.