Law On The Certification Of A System Of Cash Register In The Horeca Sector (1)

Original Language Title: Loi relative à la certification d'un système de caisse enregistreuse dans le secteur horeca (1)

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belgiquelex.be - Carrefour Bank of Legislation

30 JULY 2013. - Horeca Registration System Certification Act (1)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. For the purposes of this Act and the decrees taken for its execution, the following means:
1° "registered cash system": the electronic cash register, the terminal including the cash flow software, the computer including the cash flow software or any other similar device, used for recording operations at the outlet in the horeca sector;
2° "control module": the module used in the horeca sector that records the relevant data from the cash tickets in an unalterable and secure way and transforms them into an algorithm, as well as other possible control data printed on the cash ticket and accessible to the control agents. This module consists of the tax data module and the VAT signing card;
3° "tax data module" (FDM): the component of the control module related to the cash system intended to receive relevant tax data from the cash system and generate the date and time of all events that have occurred;
4° VAT signing card (VSC): the smartcard, another component of the control module, with a unique identification number and a unique 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 system or as a tax data module of the control module in the cash register system;
6° "importer": any natural or legal person who puts on the market in Belgium a finished product manufactured outside Belgium and intended to be used either as a cash system or as a tax data module of the control module in the cash register system;
7° "distributor": any natural or legal person who sells or leases, in Belgium, to a VAT subject, a certified cash system or a certified data module to be used in a cash register system;
8° "Competent Service of the SPF Finance": the service responsible for processing all requests for certification and registration, completing the certification procedure and customization of the VAT signing cards.
The above-mentioned cash register system consists of two components: a cash system and the control module referred to in paragraph 1erTwo.
Art. 3. The manufacturer or importer of a cash or data module tax system submits for certification this system or module to the competent SPF Finance department prior to its marketing in Belgium.
When applying for certification of a cash or data module tax system, the manufacturer or importer submits a complete file to the appropriate FPS Finance service. The King rules the terms and conditions for the application of paragraph 1erin particular the formalities to be performed by the manufacturer or importer and the obligations to be met. It also determines the documents and information to be provided when introducing this certification application.
The competent department of the SPF Finance examines the compliance of the specifications of the cash and tax data module submitted for certification.
When the credit union system or the above-mentioned data module meets all the technical requirements, the appropriate FPS Finance department shall issue a certificate to the manufacturer or importer.
In the event of changes to a cash system or to a tax data module already certified, the manufacturer or importer must promptly inform the relevant FPS Finance department.
The King rules the terms and conditions for the application of paragraphs 3 to 5. In particular, it determines the technical requirements of the cash or tax data module, the functions to be performed by the cash register system and the tax data module and sets out the modalities of the certification process.
Art. 4. For each delivery or rental of a certified cash system or a certified data module tax supplied in Belgium, the manufacturer or importer is required to communicate the manufacturing number of this system or module and the contact details of the customer to the appropriate service of the SPF Finance.
When the distributor makes such a delivery or delivery in Belgium, it is required to communicate the manufacturing number of the property concerned and the contact details of the customer to the appropriate service of the SPF Finance.
The King shall establish the conditions and terms and conditions for the application of this Article.
Art. 5. Where the manufacturer or importer has not complied with the obligations referred to in sections 3, paragraph 5, and 4, paragraph 1er, the competent FPS Finance department may, after examination, withdraw the certificate referred to in section 3, paragraph 4.
The competent department of the SPF Finance informs the relevant users of the withdrawal of this certificate, as well as the formalities they must undertake to have a cash system or a certified data module.
The King sets out the conditions for withdrawal of the aforementioned certificate and determines the formalities to be performed by the users concerned
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 30 July 2013.
PHILIPPE
By the King:
Deputy Prime Minister and Minister of Economy,
J. VANDE LANOTTE
Minister of Finance,
K. GEENS
Seal of the state seal:
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 commission, 53-2902 - No. 3. - Amendments, 53-2902 - No. 4. - Text adopted in plenary and transmitted to the Senate, 53-2902 - No. 5.
Full report. 16-17 July 2013
Senate.
Documents. - Project referred to by the Senate, 5-2220 - No. 1. - Report, 5-2220 - No. 2. - Decision not to amend, 5-2220 - No. 3.
Annales of the Senate. - 18 July 2013.