Posted the: 2013-08-28 Numac: 2013011409 SERVICE PUBLIC FÉDÉRAL FINANCES SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES average and energy July 30, 2013. -Law on the certification of a system of cash register in the horeca sector (1) PHILIPPE, King of the Belgians, to all, present and future, 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. for the purposes of this Act and taken orders for execution, means: 1 ° 'cash register system': the electronic cash register, terminal comprising caisse software, the computer with the Fund or any other similar device, software used for recording of operations to the output in the sector horeca.
2 ° «control module»: the module used in the horeca sector which saves the relevant data of the receipts of unalterable and securely and transforms them into, as well as other possible data control algorithm printed on the receipt and accessible to screening officers. This module consists of tax data module and the TAV signing card;
3 ° "fiscal data module" (FDM): the element of control connected to the Fund scheme module intended to receive cash system tax-relevant data and generate the date and time of all events that occurred.
4 ° "VAT signing card" (VSC): the smartcard, another element of the control module, equipped with a number of unique identification and a single certificate for the development of a digital signature.
5 ° 'manufacturer': any natural or legal person who manufactures a finished product to put it on the market in Belgium and to be used either as a cash register system, either as tax data module of the control in the system of register module.
6 ° 'importer': any natural or legal person who places on the market in Belgium a finished product manufactured outside the Belgium, and intended to be used either as cash register system or as tax data module of the control in the system of register module.
7 ° 'distributor': any natural or legal person who sells or offers for rent, in Belgium, to a taxable person for VAT purposes, a system of certified crate or a tax data certified module intended to be used in a cash register system;
8 ° 'competent service of the SPF finance': the service responsible for processing all requests certification and registration, to perform the certification procedure and the customization of UAVS signing cards.
The abovementioned cash register system consists of two elements: a cash register system and the module of control referred to in paragraph 1, 2 °.
S. 3. the manufacturer or importer of a fund or a tax system data module submitting for certification this system or this module to the competent Department of the SPF finance prior to its placing on the market in Belgium.
When the request for certification of a system of cash or a tax data module, the manufacturer or importer submits a complete dossier to the competent service of the SPF finance. The King sets detailed rules for the application of paragraph 1, including the formalities to be completed by the manufacturer or the importer and obligations. It also determines the documents and information to be provided in the introduction of this application for certification.
The competent service of the SPF finance examines the conformity of the specifications of the Fund scheme and the tax data module submitted for certification.
When the Fund scheme or the tax data above-mentioned module meets all the technical requirements, the competent service of the SPF Finance shall issue a certificate to the manufacturer or importer.
In case of modifications made to a cash register system or a tax data already certified module, the manufacturer or importer shall inform without delay the competent service of the SPF finance.
The King sets detailed rules for the application of paragraphs 3 to 5. It particularly determines the technical requirements of the Fund scheme or the tax data module, the functions to be met by the cash register system and the tax data module and fixed the terms of the certification process.
4. for each delivery or provision of a system of certified Fund or a tax rental data module certified, provided in Belgium, the manufacturer or importer is required to provide the serial number of this system or this module and details of his client to the competent service of the SPF finance.
When the Distributor makes such delivery or such a benefit in Belgium, it is required to provide the serial number of the good concerned and details of his client to the competent service of the SPF finance.
The King lays down the conditions and detailed rules for the application of this article.
S. 5. where the manufacturer or importer has not respected the obligations referred to in articles 3, paragraph 5, and 4, paragraph 1, the competent service of the SPF finance may, after review, remove the certificate referred to in article 3, paragraph 4.
The competent service of the SPF finance informed the concerned users of the withdrawal of the certificate, as well as formalities they must accomplish to have again a fund or a tax system data certified module.
The King lays down the conditions for withdrawal of the supra certificate and determines the burden for the users concerned promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, July 30, 2013.
PHILIPPE by the King: the Deputy Prime Minister and Minister of economy, J. VANDE LANOTTE the Minister of finance, K. GARG sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Session 2012-2013.
House of representatives.
Documents. -Bill, 53-2902 - No. 1. -Report, 53-2902 - No. 2. Text corrected by the commission 53-2902 - No. 3. -Amendments 53-2902 - No. 4. -Text adopted in plenary meeting and forwarded to the Senate, 53-2902 - No. 5.
Compte rendu intégral. -16 and July 17, 2013 Senate.
Documents. -Project mentioned by the Senate, 5-2220 - No. 1. -Report 5-2220 - No. 2. -Decision not to amend, 5-2220 - No. 3.
Annals of the Senate. -18 July 2013.