Posted the: 2013-09-03 Numac: 2013003285 FEDERAL finance PUBLIC SERVICE July 17, 2013. -Law on the protection against counterfeiting and maintaining the quality of currency in circulation (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Article 1.
This Act regulates a matter referred to in article 78 of the Constitution.
S. 2 § 1. Are covered by this Act the banknotes and coins in euro. It ensures the implementation and compliance of the following EU regulations: 1 ° article 6 of Regulation (EC) No 1338/2001 of 28 June 2001 Council laying down measures necessary for the protection of the euro against counterfeiting;
2 ° the Decision (ECB/2010/14) of the European Central Bank of 16 September 2010 for the verification of the authenticity and the quality as well as the re-circulation of banknotes;
3 ° Regulation (EU) no 1210/2010 of the European Parliament and of the Council of 15 December 2010 on the authentication of euro coins and the treatment of the euro coins unfit for circulation.
§ 2. The King is empowered to update the references to regulations of the European Union referred to in the preceding paragraph in cases where this regulation would be replaced or supplemented.
S. 3. for the purposes of this Act, shall mean: 1 ° "establishment" and "institutions": an institution or institutions that fall under the scope of regulation of the European Union referred to in article 2;
2 ° "counterfeit notes" and "counterfeit coins": the banknotes and coins denominated in euro or which have the appearance of notes or coins and which have been manufactured or altered fraudulently;
"3rd"banknotes suspected neutralized": euro banknotes, about which there are sufficient reasons to believe that they have been rendered unfit for use following the outbreak of a system of circumvention referred to in article 5, § 2, of the royal 7 April 2003 adjusting certain methods for monitoring and protection of the transportation of values and relative values transport vehicles technical specificities".
S. 4. on a proposal from the National Bank of Belgium with respect to banknotes and the Royal Mint of Belgium with regard to the parts, the King determines additional rules to be observed settlements for the purposes of this Act and the regulations of the European Union referred to in article 2.
S. 5. the institutions have the obligation to withdraw from circulation all neutralized alleged tickets they received and return without delay to the National Bank of Belgium.
When banknotes suspected neutralized are discovered in a PLC to tickets or when a transaction with an institution, institutions shall ensure that these tickets are not refunded or that the account of the person who presents the ticket is not credited. Institutions ensure also that the identity of the person depositing or the destination account holder is identified.
Neutralized alleged tickets delivered to the National Bank of Belgium are only reimbursed in accordance with the European Central Bank decision of 19 April 2013 on the denominations, specifications, reproduction, Exchange and withdrawal of euro banknotes.
S. 6. the National Bank of Belgium with respect to banknotes and the Royal Mint of Belgium as regards parts can control if establishments are the regulation of the Union European referred to in article 2 and the rules referred to in articles 4 and 5. Institutions allow the National Bank of Belgium and the Royal Mint of Belgium from: 1 ° to conduct investigations, inspections and expertise announced or not, on-site or not institutions;
2 ° test machines, if necessary with the assistance of one or several employees, agents or representatives of the manufacturer or seller of machines;
3 ° examine the procedures relating to the use and control of the equipment for the processing of tickets and rooms, the handling of tickets and checked parts and the manual verification of the authenticity and quality;
4 ° take knowledge on the spot and make a copy of any document, file and record;
(5) access to any computer system.
With regard to the obligation to delivery of counterfeits and fake parts, the federal police service ensuring the missions of the national central office referred to in article 12 of the Geneva Convention of 20 April 1929 for the Suppression of counterfeiting currency, may ask to participate in the checks referred to in the preceding paragraph or be called to participate.
Institutions provide their full cooperation during these checks.
S. 7. where an institution fails to comply with the regulations of the European Union referred to in article 2 or rules referred to in articles 4 or 5, the National Bank of Belgium in respect of tickets or the Royal Mint of Belgium in which parts, may propose to the Minister of finance to impose an administrative fine.
If the reported facts are likely to also constitute a criminal offence, Finance Minister inform the Prosecutor of the King. King's Attorney has thirty days to decide to initiate prosecution or not based on the disclosed facts. He informed the Minister of Finance of the decision without delay. If King's Attorney waived to pursue or does not notify its decision within the time limit, the Minister of finance may impose an administrative fine to the institution concerned, after hearing him or at least having duly summoned him.
With regard to delivery of counterfeits and fake parts, the National Bank of Belgium, or the Royal Mint of Belgium Act where appropriate on the basis of the information that communicates to them the federal police service referred to in article 6, second paragraph.
S. 8. the amount of the penalty referred to in article 7 cannot be less than 250 euros nor exceed EUR 50,000.
The fine shall be collected for the benefit of the Treasury, by the Administration of the VAT, registration and domains.
S. 9. all sanctions are communicated by the Minister of finance to the supervisory authority of the sanctioned institution.
The sanctions concerning the delivery of banknotes suspected neutralized are communicated by the Minister of finance to the Minister of the Interior.
S. 10 § 1. If it is found that an institution does not meet the Union's regulatory European referred to in article 2 or rules referred to in articles 4 or 5 tickets, the National Bank of Belgium, after hearing the establishment or at least the having duly summoned, asked to take corrective measures within the time limit laid down. The National Bank of Belgium can in any case prohibit an institution or some of its seats, offices or agencies to deliver outstanding received tickets or certain names such tickets, as long that continues the violation of the provisions.
The decisions of the National Bank of Belgium referred to the preceding paragraph out their effects, with respect to the establishment, from the date of their notification by registered letter or by registered letter with acknowledgement of receipt.
§ 2. If it is found that an institution does not meet the regulations of the Union European referred to in article 2 or the rules referred to in article 4 concerning parts, the Minister of finance request, on a proposal from the Royal Mint of Belgium and after hearing the establishment or at least having duly summoned him, to take corrective measures within the time limit set by it. The Minister of finance may in any case prohibit an institution or some of its seats, offices or agencies to deliver outstanding received parts or certain names for such parts, as long as the violation of the provisions continues.
The decisions of the Minister of finance referred to in the preceding paragraph out their effects in respect of the establishment from the date of their notification by registered letter or by registered letter with acknowledgement of receipt.
11. the Act of 12 May 2004 on the protection against counterfeiting, amended by the royal decree of March 3, 2011, is repealed.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, July 17, 2013 ALBERT by the King: K. GARG the Minister of finance, sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) records of the House of representatives: 53-2771-2012/2013: 001: Bill.
004: Text adopted by the Committee on finance and the Budget.
005: Text adopted in plenary session and transmitted to the Senate.
Full report: June 13, 2013.
Senate documents: 5-2152-2012/2013: 001: project not referred by the Senate.