Law Inserting Article Xii.5 In Book Xii, "right Of The E-Economy" Of The Code Of Law Economics (1)

Original Language Title: Loi portant insertion de l'article XII.5 dans le Livre XII, « Droit de l'économie électronique » du Code de droit économique (1)

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2013011669&caller=list&article_lang=F&row_id=1000&numero=1016&pub_date=2014-01-14&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-01-14 Numac: 2013011669 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES averages and energy 26 December 2013. -Law on the incorporation of article XII.5 in book XII, "Right of the e-economy" of the Code of law economic (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: chapter I:... -Available general Article 1.
This Act regulates a matter referred to in article 77 of the Constitution.
CHAPTER II. -The Code of economic law art. 2. in book XII, title 1, Chapter 2, section 3 of the Code of economic law, it is inserted an article XII.5 as follows: "article
XII.5. § 1. The conditions set out in §§ 2 to 5, the King fixed, by way of derogation from the provisions of section XII.3, the terms and conditions under which the authorities designated by him may take specific measures restricting the free movement of information society service provided by a provider established in another Member State.
§
2. The measures referred to in §§ 1 and 6 must be: 1 ° to one of the following reasons:-public policy, in particular the prevention, investigation, detection and prosecution in criminal matters, including the protection of minors and the fight against any incitement to hatred on grounds of race, sex, religion or nationality and against attacks on the dignity of the human person , - the protection of public health, - public security, including the protection of security and national defence — the protection of consumers, including investors;
2 ° adopted with respect to a service of the information society which violates the objectives referred to in 1 ° or which presents a risk serious and grave of prejudice to those objectives;
3 ° proportional to these objectives.

§ 3. Without prejudice to court proceedings, including acts performed as part of an information or a judicial statement, the authorities referred to the § 1 must, prior to the adoption of any measure, instruct the Member State on whose territory the provider concerned take the necessary arrangements for the safeguarding of the objectives referred to in § 2, 1 °.
§ 4. If not for the Member State concerned of this request or take sufficient measures, the authorities referred to the § 1 notify the investigating judge of the judicial district of Brussels.
They shall notify their intention to the European Commission as well as to that Member State in advance.
§ 5. In an emergency and on the conditions set out in § 2, the authorities referred to the § 1 can immediately notify the investigating judge, provided that they notify this fact as soon as possible to the European Commission and to the Member State concerned.
§ 6. Juge d'instruction, when he is informed by the authorities referred to the § 1, in accordance with the provisions of § 2 and §§ 4 or 5, may, by reasoned order, direct service providers, when they are able to do so, to suspend, within the limits and for the period he determines and which may not exceed one month, the provision of the service provider established in another Member State the means of communication used for the realization of the actions which endanger or may endanger the preservation of the objectives referred to in § 2, 1 °.
The examining magistrate may extend one or more times the effects of his order; It shall terminate as soon as the circumstances that justified it disappeared."
CHAPTER III. -Provision repealing art.
3. the Act of 11 March 2003 on certain legal aspects of information society services referred to in article 77 of the Constitution is repealed.
CHAPTER IV. -Allocation of competencies art.
4. any laws or existing decrees which make reference to the law referred to in article 3 are assumed to refer to the equivalent provisions of the Code of economic law, as inserted by the Act.
S. 5. the King may replace such references in the laws or existing orders to the law referred to in article 3 by references to the equivalent provisions of the Code of economic law, inserted by this Act.
S. 6. the King can coordinate the provisions of the Code of economic law, as that inserted by this law, with provisions that would have expressly or implicitly modified at the time where the coordination will be established.
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.
Chapter V. - Entry into force art. 7. the King fixed the date of the entry into force of each of the provisions of this Act and each of the provisions inserted by this law in economic law.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given Ciergnon, December 26, 2013.
PHILIPPE by the King: the Minister for the economy and consumers, J. VANDE LANOTTE the Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note see: records of the House of representatives: 53-2964-2012/2013: No. 1: Bill.
53 - 2964 - 2013/2014: No.2: text corrected by the commission.
No. 3: report.
No. 4: Text adopted in plenary meeting and transmitted to the Senate.
Full record: 14 November 2013.
See also: records of the House of representatives: 53-2963-2012/2013: No. 1: Bill.
53 - 2963 - 2013/2014: No.2: text corrected by the commission.
No. 3: report.
No. 4: Text adopted in plenary meeting and transmitted to the Senate.
Full record: 14 November 2013.
The Senate documents: 5-2343-2013/2014: No. 1: draft transmitted by the House of representatives.
No. 2: report.