Law Inserting Book Iii 'freedom Of Establishment, Provision Of Service And General Obligations Of Companies', In The Code Of Economic Law And For Insertion Of Specific Definitions Book Iii And The Provisions Of Applicatio

Original Language Title: Loi portant insertion du Livre III « Liberté d'établissement, de prestation de service et obligations générales des entreprises », dans le Code de droit économique et portant insertion des définitions propres au livre III et des dispositions d'applicatio

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belgiquelex.be - Carrefour Bank of Legislation

17 JULY 2013. - An Act to insert Book III "Freedom of establishment, service provision and general corporate obligations" in the Economic Law Code and to incorporate the definitions specific to Book III and the provisions of the law specific to Book III in Books I and XV of the Economic Law Code (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - General provision.
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - The Economic Law Code.
Art. 2. In book IerTitle 2, of the Economic Law Code, chapter 1er, as follows:
“Chapter 1er. Specific definitions in Book III.
Art. I.2. The following definitions are applicable to Book III:
1° Banque-Carrefour des Entreprises : Register, created within the Federal Public Service Economics, P.M.E., Average Classes and Energy, responsible for the tasks referred to in Article III.15;
2° Competent authority: any authority or body having a role to control or regulate services activities, including administrative authorities, including the courts acting as such, professional orders or other professional bodies which, within the framework of their legal autonomy, collectively regulate access to services activities or their exercise;
3° service provider: any natural person who is a national of a Member State or legal person referred to in Article 54 of the TFEU and established in a Member State that offers or provides a service;
4° authorisation regime: any procedure that requires a service provider or client to take an action with a competent authority to obtain a formal act or an implied decision on access to a service activity or its exercise;
5° service: any non-employed economic activity normally exercised against remuneration, referred to in Article 57 of the TFEU;
6° establishment: the effective exercise of an economic activity referred to in Article 49 of the TFEU by the provider for an indefinite period and by means of a stable infrastructure from which the provision of service is actually insured;
7° client: any natural person who is a member State or who has rights conferred on him by community acts or legal person referred to in article 54 of the TFEU established in a Member State that, for professional or non-occupational purposes, uses or wishes to use a service;
8° Regulated occupation: an activity or a set of professional activities whose access, exercise or a method of exercise is subordinated directly or indirectly, under legislative, regulatory or administrative provisions, to the possession of specified professional qualifications; the use of a professional title limited by statutory, regulatory or administrative provisions to the holders of a particular professional qualification constitutes an exercise modality;
9° artisanal enterprise: the company created by a private person, which has an establishment unit in Belgium and usually operates there, under a service contract, mainly material acts, not accompanied by any delivery of goods or only on occasional basis and which is thus presumed to have the quality of craftsmanship";
10° commercial enterprise: any person who has an establishment unit on Belgian territory and has commercially qualified acts as described in the Commercial Code, which is thus presumed to have the quality of "trader";
11° non-commercial enterprise of private law: any private enterprise referred to in Article III.16, § 1er, 1°, 3°, 4° or 5°, which has an establishment unit in Belgium but which does not have the quality of commercial or artisanal business.
12° requirement: any obligation, prohibition, condition or limitation provided for by law, regulation or administrative provisions or arising from jurisprudence, administrative practices, rules of professional orders or collective rules of professional associations or other professional organizations adopted in the exercise of their legal autonomy;
13° Business Window: an organization that is approved pursuant to Book III, Title 2, Chapter 3 and that is responsible for public service or public interest missions referred to in Title 2;
14° trade register: directory included in the Banque-Carrefour des Entreprises containing data concerning commercial and artisanal enterprises registered in the Banque-Carrefour des Entreprises;
15° register of legal persons: directory included in the Banque-Carrefour des Entreprises containing data concerning legal persons registered in the Banque-Carrefour des Entreprises;
16° establishment unit: place of activity, geographically identifiable by an address, where at least one activity of the company or from which it is exercised;
Art. I.3. The following definitions are applicable to Book III, Title 1er :
1° compelling reasons of general interest: reasons such as public order, public security, State security, public health, the preservation of the financial balance of the social security system, the protection of consumers, service customers and workers, the loyalty of commercial transactions, the fight against fraud, the protection of the environment and the urban environment, the health of animals, the political property of the arts, the intellectual property, the conservation of the arts
2° professional liability insurance: an insurance contracted by a provider to cover, in respect of customers and, where applicable, third parties, its liability in the event of damage resulting from the service provision;
3° Labour law: all legal, regulatory or treaty provisions relating to working and employment conditions, including the well-being of workers in the performance of their work and the organizational structures related to them, as well as the control activities and penalties related to them and also the relations between social partners, such as the right to negotiate and conclude collective labour agreements and to apply them, the right to strike and the right to strike
4° Member State of establishment: the Member State in whose territory the provider concerned has its establishment;
5° social security right: all legal, regulatory and sectoral provisions relating to the collection of contributions and to the organization and award of social benefits to which social insured persons are entitled, and which are intended to grant, replace or supplement a professional or non-occupational income, in order to protect them from the consequences of the social risks covered by the regulations relating to the subjugation of workers and independent accidents, to health care
6° Federal coordinator: the natural person designated within the SPF Economy, to be, within the framework of administrative cooperation, provided for in Articles XV.35 to XV.48, the point of contact between the European Commission and the competent authorities referred to in Article I.2.2°.
Art. I.4. The following definitions are applicable to Book III, Title 2:
1° undertaking: any entity required to be registered in the Bank-Carrefour des Entreprises under Article III.16;
2° service: public service, institution, natural or legal person, to whom public missions or public interest are entrusted in the execution of Book III, Title 2;
3° Management service: the service, within the Federal Public Service Economy, P.M.E., Average Classes and Energy, responsible for the management of the Banque-Carrefour des Entreprises;
4° the Minister: the Minister having the middle classes in his duties.
Art. I.5. The following definitions are applicable to Book III, Title 3, Chapter 2:
1° company :
(a) physical persons with merchant quality;
(b) commercial or commercial corporations, with the exception of public administrative bodies referred to in Article 2 of the Act of 22 May 2003 on the organization of the budget and accounting of the federal State, and European economic groupings;
(c) public bodies engaged in a commercial, financial or industrial statutory mission;
(d) organizations, not referred to in (b) and (c), whether or not they have a legal personality that engage in commercial, financial or industrial activities with or without a lucre, to which the provisions of this chapter are, by categories of bodies, made applicable by royal decree.
Individuals who do not have their domicile in Belgium, foreign business referred to in (b), (c) and (d) of paragraph 1er as well as the European economic interest groups having their seat abroad, are subject to the provisions of this chapter only with regard to the branches and operational seats they have established in Belgium. All their branches and operating seats in the country are considered a company. Books, accounts and supporting documents relating to these seats and branches are retained in Belgium.
Orders that make the provisions of this chapter applicable to enterprises referred to in (d) of the first paragraph adapt the obligations resulting from the provisions of the Decrees pursuant to Book III, Title 3, to the particular nature of the activities and the legal status of the enterprises concerned. »
Art. 3. In Book I, Title 2, of the Economic Law Code, a chapter 12 is inserted, which reads as follows:
“Chapter 12. Specific definitions in Book XV:
Art. I.20. The following definitions are applicable to Book XV:
1st personal data: information concerning an identified or identifiable natural person in accordance with the definition provided for in Article 1er§ 1erthe Act of 8 December 1992 on the protection of privacy with respect to personal data processing;
2° responsible for processing: a natural or legal person, a de facto association or public administration that, alone or jointly with others, determines the purposes and means of processing personal data;
3° Processing: any operation or set of operations carried out or not using automated processes and applied to personal data, such as collection, registration, organization, conservation, adaptation or modification, extraction, consultation, use, transmission, dissemination or any other form of disposal, reconciliation or interconnection, as well as personal locking, shutdown,
4° Federal Coordinator: the natural person designated within the Federal Public Service Economy, to be, within the framework of the administrative cooperation provided for in Articles XV.35 to XV.48, the contact point between the European Commission and the competent Belgian authorities;
5° Alert Coordinator: the person or natural persons designated at the federal level who are responsible for ensuring the information of the Member States and the European Commission of serious and specific circumstances or facts related to a service activity that may cause serious harm to the health or safety of persons or the environment. »
Art. 4. In the same Code a book III is inserted, as follows:
"Book III. Freedom of establishment, service delivery and general corporate obligations.
Part 1er. Freedom of establishment and service delivery.
Section 1er. Scope of application.
Art. III.1. § 1er. This title partially implements the provisions of Directive 2006/123/EC of the European Parliament and the Council of 12 December 2006 on services in the domestic market.
§ 2. This title applies to services, without prejudice to community and regional competencies, except:
1° of non-economic general interest services, including social services not covered by 11°;
2° of financial services;
3° of electronic communications services and networks and associated resources and services for matters governed by the Act of 13 June 2005 on electronic communications;
4° services in the field of transport including port services, which enter the scope of application of title VI of the TFEU;
5° of the services of notaries appointed by a decision of the public authority;
6° of the services of judicial officers appointed by a decision of the public authority;
7° services of interim work agencies;
8° health care services, whether or not they are insured in the care setting and regardless of how they are organized and funded or their public or private nature;
9° of money game activities involving bets with a monetary value in random games, including lotteries, casinos and bets conventions;
10° of activities participating in the exercise of the public authority in accordance with Article 51 of the TFEU;
11° without prejudice to their qualification in non-economic general interest services referred to in 1° or their qualification in services of general economic interest, social services relating to social housing, child assistance and assistance to families and persons permanently or temporarily in a situation of need that are provided directly or indirectly by the federal State;
12° of private security services.
§ 2. This title does not apply:
1° in the area of taxation;
2° to the right to work;
3° to the right to social security.
§ 3. If the provisions of this title are in conflict with the legal or regulatory provisions governing the specific aspects of access to a service activity or its exercise in specific sectors or for specific professions, transposing community law, these latter provisions prevail.
These include:
1° the Act of 5 March 2002 transposing the Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the detachment of workers carried out in the framework of a service provision and establishing a simplified regime for the holding of social documents by companies that detach workers in Belgium;
2° the Act of 30 March 1995 concerning electronic communications networks and electronic communications services and the exercise of broadcasting activities in the bilingual region of Brussels-Capital, in that it transposes Council Directive 89/552/EEC of 3 October 1989 to coordinate certain legislative, regulatory and administrative provisions of the Member States relating to the exercise of television broadcasting activities;
3° the law of 12 February 2008 establishing a new general framework for recognition of CE professional qualifications.
§ 4. This title does not cover the rules of private international law, in particular the rules governing the law applicable to contractual and non-contractual obligations, including those guaranteeing that the consumer enjoys the protection afforded to it by the rules of consumer protection contained in consumer law in force in their Member State.
§ 5. This title and, in particular, its provisions relating to the control of the rules relating to the protection of personal data are implemented and apply without prejudice to the rules set out in Directive 95/46/EC, in Directive 2002/58/EC, of the Act of 8 December 1992 on the protection of privacy with respect to personal data processing and the rules for the protection of personal data in the Act of 13 June 2005 on communications
Section 2. Freedom of establishment.
Section 1re. Authorization regimes.
Art. III.2. Where an authorization is required for access to and exercise of a service activity, the service must meet the following conditions:
1° the authorization regime is not discriminatory with respect to the intended provider;
2° the need for an authorization regime is justified by a compelling reason of general interest;
3° the objective pursued cannot be achieved by a less restrictive measure, especially because a posteriori control would intervene too late to have real efficiency.
Paragraph 1er does not apply to licensing regimes that are governed, directly or indirectly, by community law, among other things, the licensing regimes that provide for access to a regulated profession or exercise to the possession of specific professional qualifications and specific provisions prescribing requirements for an activity to a particular profession.
Art. III.3. The authorization regimes established in accordance with Article III.2 shall be based on criteria that govern the exercise of the discretionary power of the competent authorities so that it is not used arbitrarily.
These criteria are:
1° non-discriminatory;
2° justified by a compelling reason of general interest;
3° proportional to this general interest objective;
4° clear and unambiguous;
5° objectives;
6° made public in advance;
7° transparent and accessible.
Art. III.4. Authorization procedures and formalities must be readily accessible and the charges that may arise for applicants must be reasonable and proportionate to the costs of the authorization procedures.
Art. III.5. The conditions for granting the authorization of a new establishment may not duplicate the equivalent or substantially comparable requirements and controls because of their purpose, to which the service provider is already subjected in Belgium or another Member State. The Federal Coordinator and the Provider assist the competent authority by providing the necessary information to these requirements.
Art. III.6. When a provider is established in Belgium, a professional liability insurance or a guarantee cannot be required when the provider is already covered in another Member State in which it already has an establishment, by an equivalent or essentially comparable guarantee in respect of its purpose and the coverage it offers in respect of the insured risk, the insured amount or the ceiling of the guarantee, as well as activities which may be excluded from the coverage.
In the event that coverage is only partial, a supplementary guarantee to cover items that are not already covered will be required.
Where professional liability insurance or the provision of another form of guarantee is imposed on a provider established in Belgium, certificates of coverage issued by credit institutions or insurers whose head office is established in another Member State are admitted as evidence.
Art. III.7. An authorization referred to in Article III.2 allows the provider to have access to the service activity or to exercise it throughout Belgian territory, including through the creation of agencies, subsidiaries, offices or branches.
Paragraph 1er does not apply:
1° where an authorization specific to each implantation or a limitation of authorization to a specific part of the national territory is justified by a compelling reason of general interest;
2° to permits issued by regional, community, provincial or communal authorities.
Art. III.8. Any request for authorization is the subject of an acknowledgement of receipt within 10 business days.
The acknowledgement of receipt indicates:
1 the date on which the application was received;
2° the time limit within which the decision is to intervene;
3° the avenues of appeal, the competent authorities to know and the forms and deadlines to be respected;
4° where applicable, the reference that in the absence of a response within the time limit, the authorization is considered to be granted.
In the event of an incomplete application, the applicant is informed within 10 business days of the need to provide additional documents, the time available to the applicant to do so, and the consequences for the period referred to in paragraph 2.
In the event of a rejection of an application on the ground that it does not comply with the necessary procedures and formalities, the applicant shall be informed as soon as possible.
Art. III.9. The competent authority shall grant authorization after an appropriate examination has established that the conditions for its grant are met.
If no deadline is provided by the regulations for the period after which the decision on the application for authorization must be rendered, the decision shall be made no later than thirty working days from the date of the acknowledgement of receipt or, if the file is incomplete, from the date on which the applicant provided the required additional documents.
When the complexity of the file justifies it, the deadline may be extended once and for a limited period of time. The extension and its duration must be notified to the applicant prior to the expiry of the initial period.
Without prejudice to specific legal or regulatory regimes justified by a compelling cause of general interest, in the absence of a response within the time limit provided by law or by regulation, the authorization is considered to be granted.
Art. III.10 § 1er. The authorization granted to a provider has an unlimited duration, with the exception of:
1° the authorization is subject to automatic renewal;
2° the authorization is only subordinate to the continuous fulfilment of requirements;
3° the number of authorizations available is limited by a compelling reason of general interest;
4° a limited period of authorization is justified by a compelling reason of general interest.
§ 2. Paragraph 1er is without prejudice to the possibility of withdrawing an authorization when the conditions of granting cease to be met.
§ 3. Paragraph 1er does not apply to the maximum period before the end of which the provider must actually commence its activity after being authorized to do so.
Art. III.11. When the number of authorizations available for a given activity is limited due to the scarcity of natural resources or the technical capabilities to be used, a selection procedure between potential candidates is applied. This procedure provides for all guarantees of impartiality and transparency, including adequate publicity of the opening of the proceedings, its conduct and its closure.
In cases referred to in paragraph 1er, the authorization is granted for an appropriate limited time and shall not be subject to an automatic renewal procedure, nor shall any other benefit in favour of the provider whose authorization has just expired or persons with special ties with that service provider.
The rules for the selection procedure may take into account considerations related to public health, social policy objectives, health and safety of employees or independent persons, environmental protection, preservation of cultural heritage and other compelling reasons of general interest.
Section 2. Other requirements.
Art. III.12. § 1er. Access to a service activity or exercise in Belgium cannot be subject to any of the following requirements:
1° discriminatory requirements based directly or indirectly on nationality or, with regard to societies, the location of the statutory seat, in particular:
(a) the requirement of nationality for the provider, its staff, persons holding social capital or members of the provider's management or monitoring bodies;
(b) the requirement to be resident in Belgian territory for the provider, its staff, persons holding social capital or members of the management or supervision bodies of the company;
2° the prohibition of having an institution in more than one Member State or being registered in the registers or in the orders or professional associations of more than one Member State;
3° the limits on the freedom of service provider to choose between a principal or secondary institution, in particular the obligation of the provider to have its principal place of business in their territory, or the limits on the freedom to choose between the establishment in the form of an agency, branch or subsidiary;
4° the conditions of reciprocity with the Member State where the provider already has an establishment, except those provided in the community energy instruments;
5° the application on a case-by-case basis of an economic test consisting of subordinating the granting of authorization to proof of the existence of an economic need or market demand, to assess the potential or current economic effects of the activity or to assess the adequacy of the activity with the economic programming objectives set by the competent authority;
6° the direct or indirect intervention of competing operators, including in advisory bodies, in the granting of authorizations or in the adoption of other decisions of the competent authorities, with the exception of professional orders and associations or other organizations that act as the competent authority; This prohibition does not apply to consultation with organizations such as chambers of commerce or social partners on matters other than requests for individual authorization or public consultation;
7° the obligation to form or participate in a financial guarantee or to subscribe insurance to a provider or agency established in Belgian territory. This does not affect the possibility of requiring insurance coverage or financial guarantees as such and does not affect the requirements for participation in a collective compensation fund, for example for members of professional orders or organizations;
8° the obligation to have been previously registered for a given period in the registers held in Belgium or to have previously exercised the activity for a given period in Belgium.
§ 2. The prohibition imposed by paragraph 1er, 5° does not concern programming requirements that do not pursue objectives of an economic nature but are subject to compelling reasons of general interest.
Section 3. Freedom of service.
Art. III.13. § 1er. Access to a service activity or exercise may not be subject to requirements that:
1° are discriminatory, and are directly or indirectly based on nationality or, with regard to societies, the location of the registered office;
2° are not justified by reasons of public order, public safety, public health or environmental protection;
3° are not proper to guarantee the realization of the objective pursued and go beyond what is necessary to achieve this objective.
§ 2. The free provision in Belgian territory of services provided by a provider established in another Member State cannot be restricted by any of the following requirements:
(a) the obligation of the provider to have an establishment in Belgium;
(b) the supplier's obligation to obtain an authorization from the competent Belgian authority, including a registration in a register or with an order or professional association existing in Belgium, except in cases covered by that title or governed by Community law;
(c) the supplier's prohibition to establish a certain form or type of infrastructure in Belgium, including an office or law firm, which the provider needs to provide the services in question;
(d) the application of a particular contractual regime between the service provider and the client that prevents or limits the service delivery on an independent basis;
(e) the obligation, for the provider, to possess an identity document specific to the exercise of a service activity issued by the competent Belgian authority;
(f) requirements affecting the use of equipment and equipment that are an integral part of the service delivery, with the exception of those required for occupational health and safety;
(g) restrictions on the free provision of services referred to in Article III.80.
Art. III.14. Section III.13 does not apply:
1° to services of general economic interest;
2° to the materials covered by the Act of 5 March 2002 transposing Directive 96/71/EC of the European Parliament and the Council of 16 December 1996 concerning the detachment of workers carried out in the framework of a service provision and establishing a simplified regime for the holding of social documents, by the companies that detach workers in Belgium, and according to the rules that the Act of 5 March 2002 determines;
3° to substances covered by Part II, Book III, Part Ierbis, Chapter Ier the Judiciary Code;
4° to debt collection activities;
5° to substances covered by the Act of 12 February 2008 establishing a new general framework for the recognition of CE professional qualifications and specific provisions prescribing requirements for an activity to a particular profession;
6° to the substances covered by Regulation (EEC) No. 1408/71 of 14 June 1971 of the Council of the European Communities concerning the application of social security schemes to wage workers, non-salarie workers and members of their families travelling within the Community;
7° to the materials covered by sections 40 to 47 of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens and articles 43 to 57 of the Royal Decree of 8 October 1981 concerning access to territory, residence, establishment and removal of aliens;
8° with respect to third-country nationals who travel to Belgium as part of a service provision, at the faculty of the competent authorities to request a visa or residence permit for third-country nationals who are not covered by the mutual recognition regime provided for in Article 21 of the Schengen Agreement Implementation Convention of 14 June 1985 relating to the gradual removal of control at the common borders, or to the competent nationals
9° with respect to waste transfers, to substances covered by Regulation (EEC) No. 259/93 of the Council of 1er February 1993 concerning the monitoring and control of waste transfers at the entrance and exit of the European Community;
10° in respect of copyright and neighbouring rights, rights on topography of semiconductor products, sui generis rights on databases, industrial property rights;
11° to acts for which the law requires the intervention of a notary;
12° to the substances covered by the Royal Decree of 21 April 2007 on the transposition of provisions of Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on the legal controls of the annual accounts and consolidated accounts, amending Council Directives 78/660/EEC and 83/349/EEC and repealing Council Directive 84/253/EEC;
13° to substances covered by articles 132, 133 and 134 of the Corporate Code;
14° to the registration of vehicles taken in leasing in another Member State.
Part 2. Banque-Carrefour des Entreprises et offices d'entreprises agréés.
Section 1er. Banque-Carrefour des Entreprises.
Section 1re. Creation of the Banque-Carrefour des Entreprises
Art. III.15. It is created a register, called "Bank-Carrefour des Entreprises".
The purpose of this register associated with the introduction of the single business number is, in accordance with the single data collection principle, to simplify the administrative procedures for businesses and to contribute to the more efficient organization of public services.
The Bank-Carrefour des Entreprises is responsible for the registration, safeguarding, management and provision of information relating to the identification of companies and their agents in accordance with the provisions of this title as well as the legislation or regulations that authorize the original seizure of the data referred to in Article III.18 by the authorities, administrations and services designated under Article III.19.
The Bank-Carrefour des Entreprises also aims to optimize the transmission and dissemination of business data.
To this end, it may, inter alia:
1st to create links to the sites and data banks of the authorities, administrations and services;
2° establish links to websites containing information relating to the identification of companies and their agents, including links to the websites of the companies registered in the Banque-Carrefour des Entreprises.
The King shall determine, by order deliberately in the Council of Ministers, the terms under which the Bank-Carrefour des Entreprises is made available as part of the strengthening of the fight against fraud, in accordance with the provisions of this title and the legal and regulatory provisions that authorize the initial collection of the data referred to in Article III.18 by the authorities, administrations and services designated under Article III.19.
Art. III.16. § 1er. Information relating to:
1° to legal persons of Belgian law;
2° to Belgian institutions, bodies and services of law that carry out missions of general interest or public order and which have a financial and accounting autonomy distinct from that of the Belgian public legal entity of which they are responsible;
3° to legal persons of foreign or international law who have a seat in Belgium or who must be registered in accordance with an obligation imposed by Belgian law;
4° to any natural person who as an autonomous entity:
(a) operates in Belgium in an economic and professional manner, either as a principal or as a supplement;
(b) or must be registered in accordance with an obligation imposed by Belgian legislation other than that covered by this title;
5° to associations without legal personality who must be registered in accordance with an obligation imposed by Belgian law other than that covered by this title;
6° to the above-mentioned business establishment units.
§ 2. For the purposes of paragraph 1er, in particular, carries out an economic and professional activity in an ordinary way, any company which, in Belgium:
1° is subject to social security as an employer;
2° is subject to the value added tax.
§ 3. For registration in the Banque-Carrefour des Entreprises des personnes et associations referred to in paragraph 1er, 1°, 3°, 4° and 5°, the modalities will be determined by the King.
Section 2. Registration in the Banque-Carrefour des Entreprises.
Art. III.17. Any enterprise or establishment unit referred to in Article III.16 shall be registered in the Bank-Carrefour des Entreprises, and shall be assigned a business or establishment unit number upon registration. This number is the unique identification number.
Art. III.18. § 1er. The registration under section III.17 contains the following data:
1 the name, name or social reason;
2° the precise designation of the various addresses, if any, of the company's head office and of the various establishment units in Belgium;
3° the legal form;
4° the legal situation;
5° the date of creation and the date of termination of the undertaking or establishment unit;
6° the identification data of founders, agents and power-based organizations;
7° the economic activities carried out by the company;
8° other basic identification data that must be provided at the time of the creation of the legal person or under Chapter 2;
9° the mention of the authorizations, licences, approvals available to the company or the qualities for which the company is known to the various authorities, administrations and services and, where applicable, the follow-up of the applications therein;
10° where applicable, reference to the company's website, telephone number, fax number and e-mail address;
11° the data relating to the bank account(s) of the company.
§ 2. The King may, after notice of the Supervisory Committee referred to in Article III.44 and by order deliberately in the Council of Ministers, complete the data listed in paragraph 1er by other data necessary for the identification of companies or of common interest to several public services.
§ 3. Any changes to the data referred to in paragraphs 1er and 2 is mentioned in the Banque-Carrefour des Entreprises, without delay, with indication of the effective date and the services it emanates from.
§ 4. These data are retained for thirty years from the date of loss of legal personality for legal persons or the final termination of activity for other registration holders referred to in Article III.16.
Art. III.19. The King shall designate, by order deliberately in the Council of Ministers, the authorities, administrations and services which are responsible, with regard to the categories of enterprises that He determines and according to the functional distribution that He sets, for the unique collection and maintenance of the data referred to in Article III.18.
In carrying out this mission, the authorities, administrations and services are subject to the legal and regulatory provisions allowing the original collection of the data referred to in Article III.18.
Art.III.20. For the performance of its missions, as defined in this title and in its enforcement orders, the Bank-Carrefour des Entreprises and the authorities, administrations and services referred to in Article III.19, paragraph 1er :
1° have access to the information referred to in Article 3, paragraph 1er1 to 9° and 2 of the Act of 8 August 1983 organizing a National Register of Physical Persons;
2° can use the National Register ID number.
Art III.21. The King sets out, by deliberate decree in the Council of Ministers, the modalities and nature of registrations and modifications, which can be directly communicated in electronic form secured by the enterprises referred to in Article III.16 to the Bank-Carrefour des Entreprises.
Section 3. Attribution and use of business numbers and establishment unit numbers.
Art. III.22. The business number and the establishment unit number assigned at the time of registration in the Carrefour Bank of Enterprises are, immediately after their assignment, communicated to the company by the authorities, administrations and services designated under Article III.19, paragraph 1er.
The King sets out the rules of attribution, terms of delivery, and the composition of the company number and the establishment unit number.
Art. III.23. The use of the company number is mandatory in the relations that companies have with the administrative and judicial authorities, as well as in the relations between them.
Authorities, administrations and services designated under Article III.19, paragraph 1er, take the necessary steps to ensure that the company number and establishment unit are, for the purpose of applying the single data collection, a key giving access to both the data collected in the Bank-Carrefour des Entreprises and to those stored in the automated records and files that they manage, without prejudice to the legal and regulatory provisions governing access to these data.
Art. III.24. For commercial and artisanal companies, the company number assigned is either a trade register number or a registration number as a craftsman.
Art. III.25. All acts, invoices, advertisements, communications, letters, orders and other documents from commercial or artisanal companies must always mention the company number.
These documents must also mention the domicile as well as the number of at least one account of which the company is a holder of a credit institution established in Belgium, other than a communal savings fund, governed by the Act of 22 March 1993 on the status and control of credit institutions.
The buildings and stalls used for the exercise of commercial or artisanal activity, as well as the means of transport used mainly as part of the exercise of an ambulant trade activity, or, with respect to employers, as part of an activity for the construction of buildings or civil engineering or in-house cleaning of buildings, will visibly carry the company number.
The King may, by order deliberately in the Council of Ministers, amend the activities referred to in paragraph 3 for which the means of transport used will visibly carry the business number.
Art. III.26. § 1er. Any exploit of a registered bailiff at the request of a commercial or artisanal company will always mention the company number.
In the absence of an indication of the business number on the bailout, the court will grant a handover to the commercial or artisanal company to prove its registration to the Banque-Carrefour des Entreprises on the date of the introduction of the action.
In the event that the business or craftsmanship does not prove its registration in this capacity at the Banque-Carrefour des Entreprises on the date of the introduction of its action within the time limit assigned by the court or if it turns out that the company is not registered at the Banque-Carrefour des Entreprises, the court declares ex officio the action of the non-receivable business or craftsmanship.
§ 2. In the event that the commercial or artisanal business is registered in this capacity at the Banque-Carrefour des Entreprises, but that its main, counterclaim or intervention action, introduced by way of request, conclusions or operation of bailiffs, is based on an activity for which the company is not registered on the date of the introduction of this action or that does not fall under the social object for which the company is registered, Irreceivability is however covered if it is not proposed before any other defence or exception.
Art. III.27. Proceedings declared inadmissible under article III.26 interrupt the statute of limitations and the procedural periods determined under penalty of nullity.
Art. III.28. The King may, by deliberate decree in the Council of Ministers, extend the obligations referred to in Articles III.25 and III.26 to other categories of companies registered in the Bank-Carrefour des Entreprises.
Section 4. Access and use of data collected in the Banque-Carrefour des Entreprises.
Art. III.29. § 1er. The access to the following data, which is repeated in the Bank-Carrefour des Entreprises, may be granted, without prior authorization from the Oversight Committee, to the authorities, administrations, services or other bodies, provided that such data are necessary for the execution of their legal or regulatory missions:
1° the business and unit numbers assigned by the Banque-Carrefour des Entreprises;
2° the name of the company and its establishment units;
3° the legal form of the enterprise;
4° the legal situation of the company;
5° addresses of the company and its establishment units;
6° the economic activities of the company and its establishment units;
7° the qualities under which a company is registered in the Banque-Carrefour des Entreprises and, if applicable, the follow-up of the applications therein;
8° the names and names of the founders and the persons exercising, within the company, a function subject to advertising;
9° the approvals, authorizations or licences available to the company, provided that they are subject to mandatory advertising provisions or that they have an interest to third parties, and, where applicable, the follow-up of the applications therein;
10° the reference to the company's website, its telephone, fax numbers and e-mail address;
11° all data subject to advertising provisions in application:
(a) the Corporations Code;
(b) Act of 27 June 1921 on non-profit associations, non-profit international associations and foundations;
(c) of the Act of 12 July 1989 on various measures for the application of Council Regulation (EEC) No. 2137/85 of 25 July 1985 on the establishment of a European economic group;
(d) Act of 17 July 1997 on judicial concordat;
(e) Act of 31 January 2009 on business continuity;
(f) the Bankruptcy Act of 8 August 1997;
(g) The Act of 27 October 2006 on the Control of Professional Retirement Institutions;
12° the data that must be communicated by commercial and artisanal enterprises in accordance with Article III.53, with the exception of the national registry number or the identification number at the Banque-Carrefour de la Sécurité sociale;
13° data relating to the bank account(s).
§ 2. The King shall determine the terms of such access by order deliberately in the Council of Ministers and after notice of the Supervisory Committee referred to in Article III.44.
Art. III.30. § 1er Access to the data other than those listed in Article III.29, which is repeated in the Bank-Carrefour des Entreprises, may be granted, by authorization of the Supervisory Committee, to the authorities, administrations, services or other bodies, provided that such data are necessary for the execution of their legal or regulatory missions.
§ 2. Before giving permission, the Oversight Committee shall verify whether the access requested is in accordance with this title and its enforcement orders.
§ 3. The King shall determine the terms of such access by order deliberately in the Council of Ministers and after notice of the Supervisory Committee referred to in Article III.44.
§ 4. The King shall determine by order deliberately in the Council of Ministers and after notice by the Supervisory Committee, cases where, by derogation from paragraph 1eran authorization from the Oversight Committee is not required.
§ 5. The exchanges, between public services, of data other than those taken in the Banque-Carrefour des Entreprises, via the company number or the establishment unit number, are previously communicated to the Monitoring Committee which lists them in a cadastre, which can be consulted by any interested person.
The King shall determine, after the advice of the Supervisory Committee, the modalities for the formation and consultation of the cadastre and the modalities of communication to the Supervisory Committee.
Art. III.31. Any natural, legal or entity has access through the Internet to data referred to in Article III.29, § 1erregistered in the Banque-Carrefour des Entreprises.
There is at least one free access website on which this data can be found in a readable format.
The King determines the data as well as their terms of consultation.
Art. III.32. Any company has the right to obtain communication of the data concerning it that is registered in the Banque-Carrefour des Entreprises. If the data provided in accordance with the relevant legislation is unclear, incomplete or inaccurate, the holder of the registration at the Banque-Carrefour des Entreprises may request the rectification of such data in the forms and deadlines established by the King.
Art. III.33. Without prejudice to the provisions of Articles III.29 and III.30, the King shall, after the advice of the Supervisory Committee, establish the data of the Bank-Carrefour of Companies that may be subject to commercial or non-commercial reuse and the terms and conditions of their availability.
Only the management service can deliver these basic data to businesses.
Art. III.34. § 1er. Without prejudice to Article III.33, any person may be aware of the business register data relating to a specified business or craftsmanship, from a business window and be issued full or partial copy or extract, under the conditions fixed by the King.
§ 2. Copies or excerpts of the trade register are certified in accordance with express request.
§ 3. Copies or excerpts do not mention the content of court decisions relating to:
1° to bankruptcy and one of the convictions referred to in articles 486, 489bis and 489ter of the Criminal Code in case of rehabilitation;
2° to a judicial concordate after its execution or a judicial reorganization after its execution;
3° to a prohibition or designation of a judicial council after release judgment;
4° to convictions stipulated in Articles XV.76, XV.77, 1° to 6°, XV.78 and XV.79.
Art.III.35. The data on the extracts from the Bank-Carrefour des Entreprises have proved to the contrary.
Section 5. Achieving the principle of single data collection.
Art. III.36. Authorities, administrations and services that are authorized to consult the data of the Bank-Carrefour des Entreprises, may no longer directly request this data to the companies referred to in Article III.16 or to their agents.
Art. III.37. As soon as a data is communicated to and recorded in the Banque-Carrefour des Entreprises, the services authorized to consult this data cannot, if this data is not communicated directly to them, impute the fault to the interested party.
Section 6. Registration, modification or deletion of incorrect or missing data.
Art. III.38. § 1er. Any interested person may request, from the Management Service, the rectification of an erroneous data or the registration of a missing data in the Business Carrefour Bank. The applicant shall provide any supporting documentation in support of this application.
A company that has not completed the formalities to which it is required by or under a law, order or order, shall not address directly to the management service, for the rectification or registration referred to in paragraph 1er.
§ 2. All services with access to the data of the Bank-Carrefour des Entreprises are required, as soon as they find an erroneous data or the lack of a data in the Bank-Carrefour des Entreprises, to inform the management service.
They provide any supporting documentation in support of this information.
§ 3. Police officers of the local or federal police force and officials mandated by a department, authority or administration are required, when preparing an investigation report or issuing a report that finds an incorrect or missing data in the Business Carrefour Bank, to forward a copy of it to the Business Carrefour Bank management service.
Art. III.39. When the management service finds that the incorrect data or the absence of the data is the result of an error or omission of the service that initiates the data, it shall forward the request for adaptation to the data. The service shall, after verification, make the possible adaptation within thirty days of receipt of the request.
Art.III.40. § 1er. When the incorrect data or the absence of the data is the result of a company's failure to comply with the formalities to which it is required by or under a law, order or order, the management service invites the company, by mail, to register, modify or delete its data from the service designated in the mail by the management service.
The company has a period of thirty days after the mail is sent to the designated service for registration, modification or cancellation.
§ 2. If the company fails to have completed the formalities within the required time, the management department shall de-register the incorrect data. This deletion is carried out on the basis of a judgment or judgment, an investigation report or a record prepared by a local or federal police officer, or by an official mandated by a service, authority or administration that determines the incorrect nature of the data.
§ 3. When the management service proceeds to delisting in the Banque-Carrefour des Entreprises d'une données which must be published in the annexes of the Belgian Monitor, the delisting is published free of charge in the annexes of the Belgian Monitor at the request of the management service.
§ 4. The de-listing procedure of the data does not, in any case, exempt the company from performing the legal formalities that it is responsible for.
The management service cannot be held responsible for the damage caused to third parties because of the company's failure to comply with the legal formalities that are the responsibility of the third party.
§ 5. In order to guarantee and improve the quality of the data of the Bank-Carrefour des Entreprises, the King may, by order deliberately in the Council of Ministers, set the terms and conditions of modification or registration of office.
Art. III.41. § 1er. When the erroneous data results from the fact that the company changed the address of its headquarters without performing the formalities prescribed by law, the management department sends the mail referred to in Article III.40, § 1erParagraph 1erat the address of one of its establishment units where it is distinct from that of the seat or, if not, at the address of a representative's domicile.
The procedure described in section III.40 applies.
§ 2. When it is impossible to contact the company, as provided in paragraph 1er, the management service proceeds, unless it is the address of a natural person company, to the deletion of the erroneous address registered in the Bank-Carrefour des Entreprises. This deletion is carried out on the basis of a judgment or judgment, an investigation report or a record prepared by a police officer of the local or federal police, or by an official mandated by a service, authority or administration, who determines the incorrect nature of the data.
When the data radiated in the Banque-Carrefour des Entreprises by the management service must be published in the annexes of the Belgian Monitor, the delisting is published free of charge in the annexes of the Belgian Monitor at the request of the management service.
§ 3. The de-listing procedure of the data does not, in any case, exempt the company from performing the legal formalities that it is responsible for.
The management service cannot be held responsible for the damage caused to third parties because of the company's failure to comply with the legal formalities that are the responsibility of the third party.
Art. III.42. § 1er. By derogation from the procedure provided for in Article III.39, the Management Service of the Banque-Carrefour des Entreprises may proceed without charge:
1° to the deletion of the activities, qualities, authorizations and establishment units of the physical persons whose founder has died, according to the data of the National Register of Natural Persons, for at least six months;
2° to the deletion of the activities, qualities, authorizations and establishment units of the corporations whose liquidation has been pronounced for at least three months;
3° to the deletion of the activities, qualities, authorizations and establishment units of the companies legal persons when, for at least three months, the bankruptcy fence was pronounced in accordance with the law of 8 August 1997 on bankruptcy.
4° to the deletion of companies as referred to in Article 2 of the Code of Companies, which, according to the data of the National Bank of Belgium, have not complied with the obligation to deposit their annual accounts in accordance with Articles 98 and 100 of the Code of Companies for at least 3 consecutive accounting exercises. This delisting is not an application for companies referred to in section 97 of the Corporate Code. The management service proceeds to the withdrawal of the delisting after the deposit of unpaid accounts to the National Bank of Belgium;
5° to the deletion of companies as referred to in Article 2 of the Code of Companies that are not covered by the 4°, and that meet the following cumulative criteria:
(a) they have not, for at least three years, any qualities, activities, or active establishment units listed in the Bank-Carrefour des Entreprises;
(b) they are registered in the Business Development Bank as having an active status;
(c) they do not have applications for authorization or quality, in progress, registered in the Bank-Carrefour des Entreprises;
(d) have not made any changes in the data entered in the Bank-Carrefour des Entreprises for 7 years;
(e) no publication, other than annual accounts, in the Annexes of the Belgian Monitor or in the Belgian Monitor, has been made for 7 years.
For the purposes of paragraph 1er, 5°, the qualities, activities or active commercial establishment units whose starting dates are prior to 1er July 2003 is not a useful criterion.
The Management Service of the Bank-Carrefour des Entreprises conducts the removal of radiation when one of the criteria referred to in paragraph 1er, 5°, a) to e), is no longer filled.
The Management Service of the Bank-Carrefour des Entreprises also proceeds to the removal of radiation in the event of a manifest error identified by an administration or service.
§ 2. Radiation and withdrawals referred to in paragraph 1erParagraph 1er, 4° and 5°, and paragraphs 3 and 4, are published free of charge in the Annexes of the Belgian Monitor at the initiative of the management service of the Banque-Carrefour des Entreprises.
§ 3. In order to guarantee and improve the quality of data in the Carrefour des Entreprises Bank, the King may, by order deliberately in the Council of Ministers, expand or modify the cases provided for in paragraph 1er.
Section 7. Special provisions concerning the operation of the Bank-Carrefour des Entreprises.
Art. III.43. It is established, with the Federal Public Service Economics, SMEs, Average Classes and Energy, a strategic committee of the Banque-Carrefour des Entreprises.
The King shall, by order deliberately in the Council of Ministers, establish his duties, composition and operating procedures.
Art. III.44. Within the Commission for the Protection of Privacy, a Sectoral Committee for the Banque-Carrefour des entreprises, known as the Supervisory Committee, is established to issue the authorization referred to in Article III.30, paragraph 2.
The Monitoring Committee also renders the notices referred to in articles III.18, § 2, III.30, paragraph 3, and III.33 within thirty days of its referral by the Management Service. In the absence of a notice within the prescribed time limit, the notice shall be deemed to follow the proposal made in the application for notice by the management service.
The Supervisory Committee is composed of three members of the Commission for the Protection of Private Life, including the Chairperson, or another member designated in this capacity by the Commission, who chairs the Supervisory Committee and three external members appointed by the House of Representatives, in accordance with the conditions and terms determined by the King, by order deliberately in the Council of Ministers. In the event of a parity of voice, the president's voice is preponderant.
The procedures for the operation of the Oversight Committee shall be determined, without prejudice to this title, by or under the law. These terms and conditions enshrine the right of the Chairman of the Oversight Committee to refer to the Commission for the Protection of Privacy itself a file submitted to the Oversight Committee by reforming, where appropriate, the decision that the Monitoring Committee has taken.
Art. III.45. Persons who, in the performance of their duties, intervene in the registration, retention, operation and communication of the data referred to in Article III.18 shall be held in professional secrecy.
They take all necessary precautions to ensure the security of recorded data and to prevent such data from being distorted, damaged, or communicated to persons who do not have permission to become aware of it.
They ensure the regularity of data transmission.
Art. III.46. The King designates, by deliberate order in the Council of Ministers, persons who, in times of war, in circumstances assimilated under Article 7 of the Law of 12 May 1927 on military requisitions or during the occupation of the national territory by the enemy, are responsible for destroying the data banks of the Bank-Carrefour des Entreprises.
The King sets out the conditions and modalities of this destruction.
Art III.47. The operating and operating costs of the Banque-Carrefour des Entreprises are borne by a budgeted credit from the Federal Public Service Economy, P.M.E., Average Classes and Energy.
The King may fix a retribution for the use of the Bank-Carrefour des Entreprises by services not under the federal authority. Where applicable, the amount of the retribution is determined by user category and subject of the application.
Specific data processing of the Bank-Carrefour des Entreprises, excluding the case referred to in paragraph 1er, may give rise to the perception of a contribution. The amount of this contribution is determined by mutual agreement between the management service and the authority, administration or service to which the data is communicated and is fixed in a contract.
Art. III.48. § 1er. Without prejudice to Article III.47, it is created with the Federal Public Service Economics, P.M.E., Average Classes and Energy a "Bank-Carrefour des Entreprises Budget Fund", below referred to as "the Fund".
This Fund is an organic budget fund within the meaning of Article 45 of the State Accounting Acts, coordinated on 17 July 1991.
§ 2. The Fund is intended for the development of the Bank-Carrefour des Entreprises and for the improvement and optimization of its operation and use.
§ 3. The Fund ' s income, as well as the expenses that may be incurred, is included in the table annexed to the Organic Law of 27 December 1990 establishing budgetary funds.
§ 4. The Fund is administered under the terms and conditions established by the Minister who has the Economy in his or her powers.
Section 2. Registration of commercial, artisanal and non-commercial enterprises of private law.
Section 1re. Registration requirement.
Art. III.49. § 1er. Before commencing their activities, commercial, artisanal and non-commercial companies of private law are required to be registered at the Banque-Carrefour des Entreprises, respectively as a commercial, artisanal and non-commercial enterprise of private law, at the business window of their choice.
This obligation is applicable both at the time of the creation of the company and at the time of the creation of a new establishment unit.
§ 2. Registration, at the Banque-Carrefour des Entreprises, as a commercial or artisanal business, is, unless otherwise proved, presumption of the quality of merchant or craftsman, according to the nature of the registration.
§ 3. Derogation from paragraph 1er, the partners in collective name and the partners in command should not, although merchants, be registered at the Banque-Carrefour des Entreprises in a separate way.
§ 4. Derogation from paragraph 1er, are not required to register as a non-commercial business of private law:
(a) physical persons who are registered in the Bank-Carrefour des Entreprises only as employers of domestic workers;
(b) professional unions;
(c) co-owners ' associations;
(d) representative organizations of workers;
(e) companies of foreign or international law that do not operate in Belgium but which must nevertheless be registered in accordance with an obligation imposed by Belgian law;
(f) T.V.A. units;
(g) associations without legal personality;
(h) Non-profit associations;
i) the organizing powers of subsidized education.
Art. III.50. § 1er. The King sets the amount of the right of registration to the Banque-Carrefour des Entreprises, as a commercial, artisanal or non-commercial enterprise of private law.
It can make a distinction based on the legal nature of the company.
The amounts thus fixed may be adjusted to 1er January at the fluctuation rate of the average consumer price index provided that the indexed amount is greater than at least 0.5 euros compared to the applicable amount. The amount of the increase is rounded down to a multiple of 0.5 euros.
Section 2. Obligation to change.
Art. III.51. § 1er. Notwithstanding the provisions of paragraph 2, commercial, artisanal and non-commercial private-law enterprises that intend to carry out an activity other than that for which they have been registered must first request an amendment to their registration in the Banque-Carrefour des Entreprises. This obligation applies in the same way to commercial, artisanal and non-commercial private-law companies that intend to establish a new settlement unit in Belgium.
When the exercise of a new activity results from the transfer of the business activity of a business, for profit or expensive, between live or as a result of death, such undertakings shall, by derogation from paragraph 1er, make the modification within one month from the assignment or acceptance of the succession.
§ 2. Within one month of the modification of their situation, commercial, artisanal and non-commercial private-law companies must request an amendment to their registration at the Banque-Carrefour des Entreprises if one of the mentions of the registration fixed by the King in accordance with Article III.53 no longer corresponds to the actual situation.
Section 3. Radiation duty.
Art. III.52. In the event of termination of the activities or closure of one of the establishment units, the commercial, artisanal or non-commercial enterprise of private law, or its eligible persons requests the cancellation of the registration within one month of the termination of the activities.
When the termination referred to in paragraph 1er, derives from the transfer of the activity of a company, for profit or expensive, between live or as a result of death, the delisting must be carried out within one month of the assignment or acceptance of the estate.
Section 4. Provisions common to registration, modification or radiation.
Art. III.53. The application for registration, modification or delisting shall be made by the commercial, artisanal or non-commercial enterprise of private law, that is, by the physical persons registered or by the representatives, having the capacity to do so, of the undertaking subject to registration.
The request is made according to the terms fixed by the King.
The King fixes the data that the application for registration, modification or delisting must contain.
Art. III.54. Business windows are required to immediately complete the registration, de-listing or modification requested.
Art. III.55. Business windows must refuse any application for registration, modification or de-listing and justify their means:
1° where they find that the application is from a person who is not subject to the application or who is not entitled to make the application;
2° in the event of omission of any of the documents or data that the application must contain in accordance with Article III.53 and its enforcement orders;
3° if it is not satisfied with the pre-registration conditions imposed by this title and its enforcement orders or under other laws whose control is entrusted to these windows.
Art. III.56. Denial of registration, modification or delisting to the Bank-Carrefour des Entreprises is deemed to be final unless the applicant introduces a new application that meets the conditions or an appeal to the Establishment Council within 30 working days of the refusal to register.
Art. III.57. Business windows provide the company, under the conditions fixed by the King, at its request, a complete extract of the registration in the Bank-Carrefour of the Companies mentioning the date of the issue of the extract.
The first entry, modification or delisting excerpt is provided free of charge to the company.
Section 3. Organization of business windows.
Section 1re. Creation and tasks of business desks.
Art. III.58. No one may without prior approval and written by the Minister exercise the activity of a business window.
Art. III.59. § 1er. Without prejudice to the missions entrusted to them by or pursuant to this book or other laws, the business desks shall carry out the following tasks:
1° allow, through their infrastructure, the service providers:
(a) to carry out the procedures and formalities necessary for access to the profession of their services activities as referred to in Articles 1er and 2 of the Service Directive, in particular all declarations, notifications or requests for authorization from the competent authorities, including requests for registration in the registers, roles, databases or an order or professional association;
(b) comply with the requests for authorization required to carry out service activities, as referred to in the Service Directive;
2° to include commercial and artisanal enterprises and non-commercial private law companies, in these qualities, in the Banque-Carrefour des Entreprises;
3° verify in the cases fixed by the King whether commercial and artisanal enterprises and non-commercial private law enterprises meet the registration requirements, imposed under special laws and regulations;
4° guarantee access to the registration data referred to in 2°, according to the terms and conditions fixed by the King;
5° keep the records relating to the conditions and inscriptions referred to in 2° and 3°, according to the terms fixed by the King;
6° perform administrative formalities, in the execution of this book or other laws, or by virtue of them, in accordance with the terms fixed by the King;
7° ensure that service providers and customers receive, for service activities referred to in paragraph 1er, 1°, (a) and (b), the following information:
(a)the requirements for service providers, in particular those relating to procedures and procedures for accessing and carrying out services activities;
(b) the contact information of the competent authorities for direct contact with them, including those of the competent authorities in the exercise of services activities;
(c) means and conditions of access to public registers and databases for service providers and services;
(d) remedies normally available in case of litigation between the competent authorities and the provider or the client, or between a provider and a client, or between providers;
(e) contact information of associations or organizations, other than the competent authorities, to which providers or customers are likely to obtain practical assistance;
8° to collect on behalf of the treasury the registration and registration fees, retributions, publication fees, relating to the missions referred to in this section, in accordance with the terms and conditions established by the King;
9° give legal persons and natural persons who request registration in the Banque-Carrefour des entreprises, the following information:
(a) any natural person who exercises in Belgium an independent professional activity of the head of which he or she must be affiliated with a social insurance fund for self-employed persons, must affiliate at the latest on the day the independent activity begins;
(b) in the event of non-compliance, an administrative fine is imposed under article 17bis of Royal Decree No. 38 of 27 July 1967 organizing the social status of independent workers;
(c) legal persons shall be held in solidarity with the payment of the administrative fine imposed on their associates or agents;
(d) the independent worker who carries on an independent activity for which he is not registered in the Bank-Carrefour des entreprises, in accordance with Articles III.17, III.49 or III.51, may be punished under Articles III.40 XV.77, 1°, 2°, 3° and 6° or XV.78, as well as under Article 17bis of Royal Decree No. 38 of 27 July 1967 organizing the independent workers.
The business desk responds within five business days, from the time the information is available, upon request for information referred to in the first paragraph. In the event of an incorrect, incomplete or unfounded request, the applicant shall inform the applicant as soon as possible.
§ 2. The business desk may additionally require consulting and business support services, except for services that are exclusively reserved by law to certain liberal, intellectual and service professions within the economic sector.
§ 3. The business window is easily accessible electronically remotely, so that all procedures and procedures relating to the access and exercise of the services activities referred to in paragraph 1 can be performed.er, 1° (a) and (b), with the exception of the controls of premises where the service is provided or equipment used by the service provider, or the physical examination of the capacity or personal integrity of the service provider or members of its staff who exercise responsibilities when they are an integral part of a procedure or formality.
Art.III.60. § 1er. With respect to commercial and artinasal companies for which business desks are not authorized to decide only on the registration in accordance with Article III.59.2°, they must first submit the registration records to the designated service for that purpose within the Federal Public Service Economie, P.M.E., Average Classes and Energy.
§ 2. This service verifies whether the requirements, on the one hand, to be registered in the trade register and, on the other, to exercise the intended professional activity are met. Upon receipt of all the documents allowing him to process the business or craftsman's file, he shall notify the company and the business office of the completeness of the file. It renders a written notice within fifteen days of notification of the completeness of the record.
§ 3. In the absence of a reasoned and written notice within fifteen days of notification of the completeness of the record, the notice is deemed positive.
Section 2. Conditions of approval for business windows.
Art. III.61. § 1er. An organization may be approved as a business window under the following conditions:
1° it takes the form of a non-profit association, in accordance with the law of 27 June 1921 on non-profit associations, non-profit international associations and foundations;
2° its members are part of at least one of the following organizations:
(a) representative organizations of employers or independent workers, represented in or approved by the Superior Council of Independents and Small and Medium Enterprises, the Central Council of Economy, the "Sociaal-Economische Raad van Vlaanderen", the Economic and Social Council of the Walloon Region, the Economic and Social Council of the Brussels-Capital Region, or a parity committee established by law
(b) Social Insurance Funds for Independents, approved pursuant to Royal Decree No. 38 of 27 July 1967, establishing the social status of the Independents;
(c) Social Secretariats for Employers, approved under the Royal Decree of 28 November 1969 pursuant to the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers;
(d) rooms accredited by the Federation of Chambers of Commerce and Industry of Belgium;
(e) associations resulting from cooperation agreements between several of the organizations mentioned above;
3° its statutes are intended to carry out business window missions within the meaning of this book;
4° it shall, in accordance with the terms and conditions established by the King and the terms of reference prepared by the Minister:
(a) competent staff;
(b) internal control procedures;
(c) hospitality facilities, offices, equipment and archival space;
(d) own accounting;
(e) a computer infrastructure that includes protection and control mechanisms;
5° it is not in liquidation or is not subject to liquidation or termination of business;
6° is in good standing with the obligations relating to the payment of social security premiums and its obligations relating to the payment of taxes and taxes, in accordance with Belgian law;
7° it has a proper financial and economic capacity to carry out the tasks defined in this book and its enforcement orders;
8° she made her professional responsibility.
§ 2. The King may establish, by order deliberately in the Council of Ministers, terms and conditions to determine the minimum number and location of business window units, taking into account adequate dissemination and needs.
§ 3. Derogation from the provisions of paragraph 1er, the approvals of the business desks, issued on September 9, 2008, remain valid until December 31, 2014, under the conditions that were applicable on the day of the licence.
Art.III.62. § 1er. The application for approval is addressed to the Minister by registered letter or in return for a receipt.
§ 2. The application must be accompanied by an operating plan and all documents required by the conditions of approval.
In the operating plan, it is clear how the business window activity will be funded, how the required professional skills will be organized and which geographic area the business window will cover. These conditions are also required for each window establishment unit.
§ 3. Public institutions can act as an agent on behalf of their clients at a business window.
§ 4. The Minister may approve a business window organized by a not-for-profit association financed mainly or exclusively by public means and carrying out information, support or advice activities to business creators if it turns out that, in a geographically identified area by the European or regional authorities as an area to benefit from positive discrimination, there is no business window.
When applying the preceding paragraph, the conditions of approval referred to in Article III.61, § 1er, 2° and § 2, are not applicable.
Art.III.63. The King creates an advisory committee. This committee has the following tasks:
1° to advise the Minister on the approval as a business window and the suspension and deletion of the approval, and the setting of the number of establishment units and their location;
2° at the request of the Minister, a Community or a Region, give an opinion on all matters relating to the operation and control of business windows.
The King sets out, by order deliberately in the Council of Ministers, the terms relating to the composition and functioning of the committee and the procedure for the approval of business windows.
Art.III.64. The approval is granted or denied by the Minister within three months of notification of the completeness of the application for approval. This decision is notified to the applicant by registered mail.
Art.III.65. The applicant has the ability to introduce a new application where the reasons for refusal no longer exist.
Art.III.66. Accreditation is valid for a period of five years. It can be renewed.
The Minister publishes the list of approved business windows and their establishment units on the website of the Federal Public Service Economics, P.M.E., Average Classes and Energy, and annually before March 31 at the Belgian Monitor.
Art.III.67. The application for the renewal of the business window is filed with the Minister six months before the expiry of the period covered by the previous registration decision.
The business window remains approved until the Minister has decided on the renewal application.
Art.III.68. Any changes to the data provided at the time of the application for approval must be communicated within one month to the Minister. This communication specifies and motivates the purpose of the amendment.
Art.III.69. The Minister may, by decision and in accordance with the terms and conditions established by the King, suspend or withdraw the approval if the provisions of this title, its enforcement orders or the conditions of approval are not complied with.
Section 3. Obligations of business desks.
Art.III.70. Business windows must ensure continuity in the exercise of the tasks referred to in Article III.59 in time.
The King may determine terms and conditions for guarantees to be provided by business windows to ensure continuity of service over time.
Art.III.71. The King sets out, by order deliberately in the Council of Ministers, the quality standards to be met by the services rendered by the business desks, the minimum opening hours, as well as the special rules relating to the management, accounting and annual accounts of the business desks.
Art.III.72. Where the application is made, the business windows shall provide, without delay and free of charge, under the conditions established by the King, all the information in their possession, any document and any document in their possession and, in addition, to provide copies or extracts deemed necessary to the authorities, administrations and services, including prosecutors, courts and other jurisdictions, members of the judiciary and officials of the courts
Section 4. Remuneration of business windows.
Art.III.73. § 1er. The King may by order deliberately in the Council of Ministers:
1° to determine the percentage of registration, registration and publication fees, and receipts, that the business desks retain as retribution of their intervention pursuant to Articles III.50 and III.59, 8°;
2° adapt the reward referred to in 1°, according to the terms fixed by Him, in order to stimulate the quality of the service rendered;
3° to determine the amounts that the business desks perceive in the formalities for which they were assigned by a federal government the decision-making power, as referred to in Article III.59, 6°.
§ 2. For additional services to companies, referred to in Article III.59, §2, the business desks may provide for the setting of prices by service or in a lump sum on an annual basis.
Part 3. General obligations of companies.
Section 1er. Information, transparency and non-discrimination.
Section 1re. Information and transparency obligations.
Art. III.74. § 1er. Without prejudice to the specific legal and regulatory requirements, any company shall make available, in any manner referred to in Article III.75, the following information:
1° its name or its name;
2° its legal form;
3° the geographical address where the company is established;
4° its contact information, including its possible e-mail address, allowing for rapid contact and direct and effective contact with it;
5° the company number;
6° its head office;
7° in the event that the activity is subject to an authorization regime, an authorization or declaration obligation, in accordance with section 17 of the Act of 8 December 1992 on the protection of privacy with respect to personal data processing, the contact information of the competent authority or the business window;
8° with respect to regulated professions:
(a) the professional association or professional organization to which the company is registered;
(b) the professional title and the Member State in which it was granted;
9° the general terms and conditions and general clauses in the case the company uses them, as well as the languages in which these general conditions and provisions may be consulted;
10° the existence, in the case where the company uses it, of contractual clauses concerning the law applicable to the contract or the competent court;
11° the existence of any possible after-sales contractual guarantee, not imposed by law;
12° the price of the service, when the price is determined first by the company for a particular type of service;
13° the main characteristics of economic activity;
14° the insurance or guarantees referred to in Article III.6, including the coordinates of the insurer or the guarantor and the geographic coverage.
§ 2. When companies submit their economic activities in a detailed information document, they include information on their multidisciplinary activities and partnerships that are directly related to the relevant economic activity and on measures taken to avoid conflicts of interest.
Art. III.75. At the initiative of the company, the information referred to in Article III.74:
1° shall be communicated to the client; or
2° are made easily accessible to the customer in the place of business activity or contract conclusion; or
3° are made easily accessible to the customer by an email address provided by the company; or
4° are contained in any information document of the company detailing its activities.
Art. III.76. At the request of the customer, the company shall provide the following additional information:
1° where the price is not previously determined by the company for a particular type of property or service, the price of the property or service, or, where an exact price cannot be indicated, the method of calculating the price allowing the customer to verify the latter, or a sufficiently detailed estimate;
2° with respect to regulated professions, a reference to applicable professional rules and means of access;
3° information on its multidisciplinary activities and partnerships that are directly related to the property or service concerned and on measures taken to avoid conflicts of interest;
4° the codes of conduct to which the company is subject and the address to which these codes can be accessed electronically, specifying the available language versions;
5° the previous versions, applicable at the time of signature of the contract, containing the date of commencement and end of application of the information referred to in Article III.74, 9°.
Art. III.77. The information referred to in Articles III.74 and III.76 shall be made available or communicated in a clear and unambiguous manner, and in a timely manner before the conclusion of the contract, or before the delivery of the product or service delivery when there is no written contract.
Art. III.78. Each company is required to demonstrate compliance with the requirements set out in sections III.74 to III.77 and the accuracy of the information provided.
Art. III.79. The provisions of this section do not prejudice the additional information requirements applicable to companies with their establishment in Belgium.
Section 2. Non-discrimination of customers.
Art. III.80. Customers are not subject to requirements restricting their right to use a service provided by a company with its establishment in another Member State. These requirements include:
1° the obligation to obtain authorization from the competent authorities or to make a declaration with the competent authorities;
2° the discriminatory limits on the granting of financial assistance on the grounds that the company is established in another Member State or for reasons related to the location of the place where the service is provided.
Paragraph 1er does not apply to licensing regimes that also apply to the use of a service provided by a company established in Belgium.
Art. III.81. Clients are not subject to discriminatory requirements based on nationality or place of residence.
The general conditions of access to a service, which are made available to the public by the company, do not contain discriminatory conditions due to the nationality or place of residence of the client, without prejudice to the possibility of foreseeing differences in the conditions of access where these conditions are directly justified by objective criteria.
Section 2. Business accounting.
Art. III.82. Any company shall maintain an appropriate accounting for the nature and extent of its activities in accordance with the specific legal provisions affecting them.
Art. III.83. The accounting of legal persons must cover all their operations, their assets, and rights of all kinds, their debts, their obligations and their commitments of all kinds. The accounting of traders, natural persons, covers these same elements when they fall within their business activity; it separately mentions the specific means for this commercial activity.
If a business pursues separate economic activities, a separate accounting system will be introduced for each of these activities.
Where the activity of a business involves, as a manager or partner, transactions carried out in a business partnership or in participation, its accounting is adapted to give it the complete character defined in paragraph 1er, both from the point of view of the relationship with third parties, on the one hand, and the accounts that the partners and, if any, the manager have to pay, on the other.
Art. III.84. Any accounting is maintained according to a system of books and accounts and in accordance with the usual rules of accounting in part double.
The transactions are recorded without delay, faithfully and in full order of dates, either in a single newspaper or in a single auxiliary newspaper or subdivided into specialized newspapers. They are methodically recorded or transposed into the accounts they relate to.
The total movements recorded during the period in the single auxiliary newspaper or specialized newspapers are, at least monthly, the subject of a summary writing in a central book. This is at least quarterly, for the enterprises referred to in Article III.85 that keep their accounting according to the requirements of Articles III.83 and III.84.
The summary writing referred to in the preceding paragraph includes either the total amount of the movements recorded in all of these auxiliary newspapers, broken down according to the general accounts or the summaries provided for in the company's accounting plan that these movements affected, or when the accounting technique adopted by the company involves the simultaneous registration of the data in the auxiliary newspapers and in the accounts concerned, the total of the movements recorded in each of these auxiliary newspapers.
Open accounts are defined in an accounting plan appropriate to the business of the company. This accounting plan is maintained at all times at the company's headquarters and at the headquarters of the significant accounting services of the company, at the disposal of those involved in it.
The King determines the content and presentation of a standardized minimum accounting plan. It defines the content and mode of operation of the normalized accounts.
Art. III.85. Merchants, natural persons or companies in a collective or simple limited name whose turnover of the last fiscal year, excluding the value-added tax, does not exceed an amount fixed by the King, have the ability not to keep their accounts according to the requirements of sections III.83 and III.84, provided that they are held without delay, faithfully and in full and order of dates, at least three newspapers, paid in detail
1° in the first, movements of cash and/or account availability, with demarcation of the object of operations and special mention of the collection of funds other than for the purposes of their trade, as well as the daily balances in the case;
2° in the second, the purchases and imports made and the benefits received, based on the amount, mode and date of the payments related thereto;
3° in the third, the sales, exports and benefits provided, demarcated from the amount, mode and date of the encumberements that relate to them, as well as in-kind sampling other than for the needs of their trade.
Samplings other than for trade purposes referred to in paragraph 1er, 1° and 3°, may be subject to global daily mentions.
The amount, mode and date of payments and cash shall not be recorded in the newspapers referred to in paragraph 1er, 2° and 3°, if they are either registered on invoices received from suppliers or on double invoices addressed to customers, or carried on complete records held in the form of accounts of suppliers or accounts of customers.
Art. III.86. Any writing is based on a dated supporting document and has a reference index to it.
Sales and retail services for which an invoice is not required may be subject to overall daily registrations.
The King shall determine the conditions for the supporting documents of the overall daily registration referred to in paragraph 2.
Exhibits must be retained, in original or in copy, for seven years and classified methodically. This period is reduced to three years for parts that are not required to demonstrate in respect of third parties.
Art. III.87. § 1er. Newspapers and books are listed; they form, each in its function, a continuous series; they are identified by the specification of this function, by their place in this series and by the name, social reason or the particular name of the company.
§ 2. Books and newspapers are held to ensure their material continuity and the regularity and irreversibility of the writings.
The King sets the rules that these books and newspapers are kept and kept. It may replace or replace, under the conditions it determines, the device provided for in Article III.84, paragraphs 3 and 4, with others ensuring the material continuity of the newspapers and books, as well as the regularity and irreversibility of the writings.
Art. III.88. The books are held in order of dates, without blanks or gaps. In case of rectification, the primitive writing must remain legible.
Companies are required to keep their books for seven years from the first January of the year following their closure.
Art. III.89. § 1er. Any company shall, at least once a year, with good faith and prudence, carry out the necessary survey, verification, review and evaluation operations to establish at the selected date a complete inventory of its assets and rights of any kind, its debts, obligations and commitments of any kind relating to its activity and the specific means that are allocated to it. The pieces of the inventory are transcribed in a book. The documents whose volume makes the transcription difficult are summarized in the book to which they are annexed.
§ 2. The inventory is ordered in the same way as the company's accounting plan.
The King may prescribe inventory assessment criteria.
This paragraph is not applicable to companies referred to in Article III.85.
Art. III.90. § 1er. The accounts are, after alignment with the inventory data, synthesized in a descriptive statement constituting the annual accounts.
§ 2. However, companies that are not subject to the Corporations Code and its enforcement orders are required to comply with them in the form, content, control and filing of annual accounts and management report.
The content and extent of their obligations are determined on the basis of the criteria for occupied personnel, annual turnover and total planned balance sheet for companies subject to the Corporate Code.
The annual accounts of the public services referred to in section I.5, 1°, c, are filed within seven months of the year's closing date, even if the control and approval procedure to which the annual accounts are submitted is not yet completed. In this case, it is explicitly reported that the procedure in question has not yet been completed.
This paragraph does not apply:
1° to physical merchants referred to in Article III.85;
2° to enterprises referred to in Article I.5, 1°, d), to which this Chapter 2 is not declared applicable;
3° to enterprises referred to in Article III.95, § 1er;
4° to insurance and reinsurance companies;
5° to branches and operating seats established in Belgium by foreign companies not subject to the Corporate Code, where these branches and trading seats do not have any specific products related to the sale of goods or the provision of services to third parties or to goods delivered or to services presumed to the foreign enterprise of which they report, and whose operating expenses are borne entirely by the latter;
6° to physical merchants, with regard to the filing of annual accounts and the management report.
Art.III.91. § 1er. State bodies of Belgian law who carry out a statutory mission of a commercial, financial or industrial nature, except for the companies referred to in Article III.95, § 1er, are required to comply with the Corporate Code and its Implementing Orders with respect to the form, content, control and filing of consolidated annual accounts and consolidated management report.
The content and extent of their obligations are determined on the basis of the criteria for occupied personnel, annual turnover and total planned balance sheet for companies subject to the Corporate Code.
The King may extend the scope of paragraph 2 to other companies other than those referred to in Article I.5, 1°.
§ 2. The King may adapt and supplement the rules that He has decreed under Articles III.84, paragraphs 6, and III.89, § 2, III.90 and III.91, § 1er, or foresee the exemption of all or part of these rules according to the size of enterprises, business branches or economic sectors.
Art. III.92. The Royal Decrees under this chapter are deliberated in the Council of Ministers.
The decrees taken pursuant to Article III.84, paragraph 6, Article III.89, § 2 and Articles III.90 and III.91 shall be taken on the advice of the Central Council of Economy.
The decrees taken pursuant to Article I.5, 1°; and the decrees that modify them are taken on the advice of the representative organisations of the companies concerned.
Art.III.93. The King creates a Commission of Accounting Standards; The mission is to:
1° to advise the Government and Parliament at the request of the Government or initiative;
2° to develop the accounting doctrine and to formulate the principles of regular accounting by means of advice or recommendations.
The operating costs of the Accounting Standards Commission are borne by the companies referred to in Article I.5, 1°, required to publish their annual account or consolidated account by deposit to the National Bank of Belgium. The King sets the amount of this contribution that cannot be more than 3.72 euros indexed according to the same rules as those set for indexing the salaries and salaries of the public service. It is collected by the National Bank of Belgium at the same time as the annual or consolidated advertising fees paid by it to the Commission.
Art. III.94. The Minister or his or her delegate may authorize, in special cases and with the reasoned advice of the Accounting Standards Commission referred to in Article III.93, exemptions from the rules established under Articles III.84, paragraph 6, III.89, § 2, III.90 and III.91. This power is exercised in the same forms by the Minister who has the Average Class in his or her assignments or delegate in respect of companies and other companies that may be declared small in the sense that this term is understood in the Corporate Code. The Accounting Standards Commission is informed of the decision of the Minister or his delegate.
Art. III.95. § 1er. Article III.85, Articles III.90 to III.94, as well as the decrees taken pursuant to Article III.84, paragraph 6, and Article III.89, § 2, are not applicable to the National Bank of Belgium, the Caisse des Dépôts et Consignations, to the credit institutions subject to the law of 22 March 1993 relating to the status and control of the credit institutions, as well as to the companies of secondary investment
§ 2. Article III.85 and Article III.90, § 2, paragraph 2, are not applicable to insurance, mortgage and capitalization companies.
Articles III.84, paragraph 6, III.89, § 2, III.90, § 2, paragraph 1er, III.91, § 2 and III.94, are not applicable to insurance companies approved by the King pursuant to the legislation relating to the control of insurance companies. »
Art. 5. In Book XV, Title 1er, chapter 4, of the same Code, section 2 is inserted, as follows:
Section 2. Coordination and follow-up of activities under title 1er Book III.
Sub-section 1re. Scope of application.
Art. XV.35. This section applies to service activities referred to in section III.1.
This section and, in particular, its provisions relating to the control of the rules for the protection of personal data are implemented and apply without prejudice to the rules set out in Directive 95/46/EC, in Directive 2002/58/EC, of the Act of 8 December 1992 on the protection of privacy with respect to personal data processing and the rules for the protection of personal data, in the Act of 13 June 2005 on communications
Sub-section 2. Principles.
Art. XV.36. § 1er. The competent Belgian authority shall, within the limits of its competence, communicate to the competent authority of another member State, upon request, any relevant information available to it regarding a provider and/or its services.
It communicates the information requested regarding, inter alia, the establishment and legality of the proposed activities.
§ 2. The competent Belgian authority shall conduct, within the limits of its competence, audits, inspections, investigations concerning a service provider or its services, which are requested by the competent authority of another member State through a reasoned request.
It may decide the most appropriate measures to be taken in each case of a species to meet the request of a competent authority of another Member State.
Art. XV. 37. § 1er. The competent Belgian authority shall, within the limits of its competence, communicate to the competent authority of another Member State, which shall so request, the final decisions relating to disciplinary or administrative sanctions of a professional nature, in accordance with the rules established by the particular legislation or regulations for such transmission.
It also communicates, within the limits of its competence and in accordance with Book II, Part VII, Chapter Ier, of the Code of Criminal Investigation, information relating to definitive criminal penalties of a professional nature, and any final judgement concerning insolvency within the meaning of Schedule A to Regulation EC 1346/2000, or fraudulent bankruptcy of a provider.
The communication mentions the legal or regulatory provisions that are breached.
§ 2. This communication is carried out in accordance with the provisions for the protection of personal data and the rights of persons punished or convicted, including those established by a professional order.
§ 3. The competent Belgian authority which communicates such decisions shall inform the provider.
Art. XV.38. The information requested under sections XV.36. and XV.37. or the results of the audits, inspections or investigations are communicated, as soon as possible and via the electronic information exchange system.
Art. XV.39. The competent Belgian authority, which, for legal or practical reasons, cannot comply with the request for information or verifications, inspections or investigations, shall inform the competent authority of the other Member State as soon as possible by indicating the reasons that oppose the request. If, after notification of this refusal, the latter cannot reach the point of view of the competent Belgian authority and that no solution can be found, this finding is communicated for information to the Federal Coordinator.
Art. XV.40. The competent authority of another Member State may obtain access to registers accessible to the competent Belgian authorities and according to the same conditions.
Art. XV.41. § 1er. The competent Belgian authority who wishes a competent authority of another Member State to provide information or conduct verifications, inspections or investigations concerning a service provider or its services, shall submit a reasoned request to the competent Belgian authority through the electronic information exchange system.
§ 2. If the competent authority of the other Member State does not satisfy the request and no solution can be found, the competent Belgian authority shall inform the Federal Coordinator of the request.
Art. XV.42. The information exchanged can only be used for the purpose for which it has been requested.
Art. XV.43. § 1er. The competent Belgian authority carries out its monitoring missions to the providers established in Belgium, including when the service is taken in another Member State or caused damage in that other Member State.
§ 2. This obligation does not extend:
1° to the monitoring of the specific requirements imposed on any provider by the Member State where the service is provided, regardless of the place of establishment of the provider;
2° to the exercise of controls in the territory of the Member State where the service is preceded.
These controls are carried out by the authorities of the Member State in which the provider operates temporarily, at the request of the competent Belgian authority, in accordance with Article XV.41.
Art. XV.44. A competent Belgian authority may not, in respect of an unestablished provider in Belgium, initiate verifications, inspections and investigations in Belgium unless these are non-discriminatory, are not motivated by the fact that it is a provider with its establishment in another Member State and are proportionate.
Art. XV.45. § 1er. When the competent Belgian authority becomes aware of any behaviour, serious and specific facts or circumstances related to a service provider or activity, which may cause serious harm to the health or safety of persons or to the environment, it informs, through an alert coordinator, the Member States and the European Commission via the electronic information exchange system and the Federal Coordinator.
§ 2. When an alert has to be modified or no longer justified, the competent Belgian authority shall inform it through an alert coordinator, the European Commission and the Member States via the electronic information exchange system and the federal coordinator.
§ 3. The procedure described above applies without prejudice to judicial proceedings.
Art. XV.46. § 1er. By derogation from Article III.13, and only in exceptional circumstances, the competent minister or his or her delegate may take, against a provider having his or her place of business in another Member State, measures relating to the security of services, in accordance with the conditions and procedures that are applicable for the taking of similar measures against providers who have their place of business in Belgium. These measures may be taken only in accordance with the mutual assistance procedure provided for in Article XV.47 and if the following conditions are met:
1° the provisions under which the measures are taken have not been subject to community harmonization in the area of service safety;
2° the measures are more protective for the recipient than the measures taken by the Member State of establishment under its national provisions;
3° the member state of establishment has not taken any measures or has taken insufficient measures against those referred to in Article XV.44;
4° the measurements are proportioned.
§ 2. Paragraph 1er does not affect provisions that, under or under Community law, guarantee the free movement of services or permit exemptions from services.
Art. XV.47. § 1er. The competent Belgian authority which envisages adopting measures to ensure the security of the services presumed in Belgium pursuant to Article XV.46, § 1er, shall apply to the competent authority of the establishment member State by providing all relevant information on the service in question and the circumstances of the case through the electronic information exchange system.
§ 2. Upon receipt of the response from the Member State of establishment or in the absence of a response within a reasonable period of time, the competent Belgian authority shall communicate, as appropriate, its intention to adopt measures to the European Commission and the Member State of Settlement via the electronic information exchange system and to the Federal Coordinator.
The communication states:
1° the reasons why the competent authority considers that the measures proposed or adopted by the Member State of establishment are insufficient;
2° the reasons why it considers that the measures envisaged comply with the conditions provided for in Article XV.46, § 1er.
§ 3. The measures may be adopted only fifteen working days after a notification, in accordance with paragraph 2, has been addressed to the Member State of establishment and the European Commission.
§ 4. In the event of an emergency, the competent Belgian authority may waive paragraphs 1er, 2 and 3. In this case, the measures adopted are notified to the European Commission and the Member State of Settlement, indicating why the authority considers that there is an emergency.
§ 5. The procedure described above applies without prejudice to judicial proceedings.
Art. XV.48. This chapter does not prejudice the cooperation in information resulting from the implementation of Directive 96/71/EC of the European Parliament and the Council of 16 December 1996 concerning the detachment of workers carried out as part of a service delivery.
Subsection 3. Protection of personal data.
Art. XV.49. The purpose of the data exchange referred to in subsection 2 is good administrative cooperation between Member States, the control of service providers and their services, and the application of regulations relating to service activities.
Art. XV.50. § 1er. For the exchange of personal data, each competent Belgian authority is a controller.
§ 2. The processing officer shall provide the data subject, upon registration of the data or, if a data communication to a competent authority of another Member State is considered, at the latest at the time of the first communication of the data, the following information, unless the person is already informed:
1° the name and address of the person responsible for the treatment and, where applicable, his representative;
2° the purposes of the treatment;
3° more additional information, including:
(a) the relevant data categories;
(b) recipients or categories of recipients;
(c) the existence of a right of access and rectification of the data concerning it.
§ 3. The person responsible for the treatment or, where appropriate, his or her representative shall:
1st make every effort to keep the data up to date, to correct or delete inaccurate, incomplete or not relevant data;
2° ensure that, for persons acting under its authority, access to data and treatment opportunities are limited to what these people need for the performance of their duties;
3° to inform persons acting under its authority of the provisions of this book, as well as any relevant limitation relating to the protection of privacy with respect to the treatment of personal data.
Art. XV.51. § 1er. The personal data are:
1° treated loyally and lawfully;
2° collected for the purpose referred to in Article XV.49 and are not subsequently treated in a manner incompatible with this purpose;
3° adequate, relevant and not excessive in relation to the purpose referred to in Article XV.49;
4° accurate and, if necessary, updated.
§ 2. It is the responsibility of the controller to ensure compliance with paragraph 1er.
Art. XV.52. The data processed are:
1° the personal data required for the identification of the provider;
2° data on disciplinary sanctions of a provider;
3° data on administrative sanctions of a provider;
4° data on the criminal sanctions of a provider;
5° the data of any final judgment concerning insolvency within the meaning of Schedule A to EC Regulation 1346/2000, or the fraudulent bankruptcy of a provider.
Art. XV.53. The competent Belgian authorities have only access to the personal data referred to in Article XV.52.
They are subject to confidentiality and subject to professional confidentiality.
Art. XV.54. § 1er. The personal data referred to in Article XV.52 shall be communicated only to the competent authorities of other Member States.
§ 2. If it turns out that inaccurate personal data has been transmitted or that personal data has been transmitted unlawfully, the recipient is informed immediately.
Data of an inaccurate or unlawfully transmitted personal character shall be corrected, deleted or locked without delay in accordance with Article 4, § 1er, 4°, of the Act of 8 December 1992 on the protection of privacy with respect to personal data processing.
Art. XV.55. § 1er. The personal data processed by the competent Belgian authority are retained:
1° the time necessary for the realization of the purposes referred to in Article XV.49;
2° as long as the specific legislation of the competent Belgian authorities provides.
The personal data exchanged between the competent authorities of the Member States are deleted by the competent Belgian authority receiving data six months after the official closure of an exchange of information.
§ 2. Personal data and information exchange may be retained for statistical purposes for longer periods provided that all personal data are made anonymous.
Art. XV.56. Measures are taken by each competent Belgian authority to ensure safety:
1° at the entrance of the premises where the data processing facilities are located;
2° memory of computers processing data;
3° of the materials on which the data is stored;
4° of the introduction of data;
5° availability of data processing;
6° of data communication;
7° access to data processing;
8° data archiving mechanisms;
9° as to the choice of technical standards used for data backup and communication.
Art. XV.57. In accordance with sections 10 and 12 of the Act of 8 December 1992 on the protection of privacy with respect to personal data processing, the persons concerned have the following rights:
1° the person concerned who demonstrates his or her identity has the right to obtain from the controller:
(a) Confirmation that data relating to it is or are not processed, as well as information relating at least to the purposes of the processing, the categories of data on which it bears and the categories of recipients to which the data are communicated;
(b) the communication, in an intelligible form, of data subject to the processing, as well as any information available on the origin of the data;
(c) a warning of the ability to exercise the remedies provided for in sections 12 and 14 of the Privacy Act of 8 December 1992 with respect to personal data processing.
To this end, the person concerned shall send an application dated and signed to the controller.
The information shall be communicated without delay and no later than forty-five days after receipt of the application;
2° Every person has the right to obtain without charge the rectification of any inaccurate personal data concerning him or her;
3° any person also has the right to obtain without charge the deletion or prohibition of the use of any personal data concerning him or her that, in the light of the purpose of the processing, is incomplete or non-relevant or whose registration, communication or retention is prohibited or that has been retained beyond the authorized period;
To exercise the rights referred to in 2° and 3°, the person concerned shall apply to the person responsible for the treatment.
The person responsible for processing shall communicate to the person concerned any corrections or deletion of the data within the month following the introduction of the request.
Art. 6. In book XV, title 2, chapter 2, of the same Code, section 1re is inserted, as follows:
Section 1re. Administrative sanctions under Book III.
Art. XV.63. The Federal Public Service Economics, P.M.E., Average Classes and Energy is responsible for the monitoring and monitoring of business windows.
Art. XV.64. § 1er. The department responsible for the control of business windows shall verify the proper execution of the missions entrusted to them by or in accordance with this code or other laws.
§ 2. If he finds that all conditions have not been taken into account by the business window, he or she requests the management service to cancel the registration or modification under section III.38.
§ 3. It may, pursuant to Article XV.65, propose to sanction a business window that has not taken into account the required conditions and formalities.
Art. XV.65. § 1er. When it is found during a check that a business window does not properly perform its duties, fails to comply with the obligations set out in sections III.70 to 72 or hinders the exercise of the duties referred to in Articles XV.3, XV.63 and XV.64, the control department may:
1° notify the company window, by registered mail, of a warning according to the mode defined in Article XV.31;
2° where no action is taken, within the time limit set, to the warning referred to in point 1°, to impose an administrative fine of not less than 100 euros and not more than three times the remuneration received by the relevant business window in the previous calendar year pursuant to article III.73;
3° in the event of recidivism or contestation of several of the provisions referred to in paragraph 1erpropose the suspension or withdrawal of the approval of the business window to the Minister who has the middle classes in his or her powers.
§ 2. Before notifying the administrative fine referred to in paragraph 1er, 2°, or to propose the suspension or withdrawal of the approval referred to in paragraph 1er, 3°, the control department gives the relevant business window the opportunity to be heard. For this purpose, a summons is sent by registered consignment, mentioning the facts found, the breached provisions, the procedure for consulting the record and the date of the hearing, which can only be fixed fifteen days at the earliest after the summons is sent.
§ 3. The warnings and sanctions referred to in paragraph 1er, 1° and 2°, may, within sixty days of their notification, be appealed by registered mail to the Minister. The Minister or officials delegated to this effect shall hear and make their decision within sixty days of the introduction of the appeal. Decisions are notified by registered mail. The appeal is suspensive.
Art. 7. In book XV, title 3, chapter 2 of the same Code, section 1re is inserted, as follows:
“Section 1re. Penalties for offences under Book III.
Art. XV.75. Are punished with a level 2 penalty:
1° physical persons and administrators, managers, directors or persons who knowingly contravene the provisions of Articles III.82 and III.83, paragraphs 1er and 3, articles III.84 to III.89 or decrees taken pursuant to Article III.84, paragraph 6, Article III.87, § 2, Article III.89, § 2 and Articles III.90 and III.91.
2° those who, as Commissioner, Business Reviewer or Independent Expert, have certified or approved accounts, annual accounts, balances, results accounts or consolidated corporate accounts, where the provisions referred to in point 1° have not been complied with, either knowing that they had not been, or having failed to perform normal diligence to ensure that they had been respected.
The persons referred to in 1° or 2° are punished by a level 4 penalty if they acted with fraudulent intent.
Traders, natural persons, to whom section III.85 applies, and managers, directors or foundations of corporate powers to which this same section applies, are, however, punishable under the preceding paragraphs for failing to know the provisions of sections III.85 and III.89 and those of sections III.86 to III.88 and their enforcement orders as they relate to the books provided for in sections III.85 89 that if the company was declared bankrupt.
Art XV.76. Are punished with a level 1 sanction, those who:
1° commits an offence to the provisions of Article III.25;
2° fails to require the radiation referred to in Article III.52;
Art. XV. 77. Are punished with a Level 2 sanction, those who:
1° being required to register as a commercial or non-commercial business in private law, within the Bank-Carrefour des Entreprises, carry out activities without having requested their registration in that capacity;
2° are registered as a commercial or non-commercial business of private law and are engaged in activities or operate an establishment unit that are not taken over in the Banque-Carrefour des Entreprises;
3° knowingly introduce an erroneous application for registration, modification or delisting in the Banque-Carrefour des Entreprises;
4° contravene the decisions or orders referred to in Article III.30;
5° obstruct the exercise of the rights defined in Article III.32;
6° did not request an amendment to their registration as a commercial or non-commercial business of private law, within the time limits provided for in Article III.51;
7° violate the provisions of Articles III.74 to III.77 and III.81.
Art XV.78. Are punished with a level 3 penalty, those who:
1° carry out economic activity after their registration as a commercial or non-commercial business of private law has been denied or after it has been terminated;
2° shall continue, three days after the notification of the judgment or of the condemnation order having the force of judgment, to exercise the economic activity which is prohibited to them.
In addition, the Public Department will place the seals on the premises in which the activity is carried out or will take any other appropriate action.
Art XV.79. A level 4 penalty shall be imposed, those who contravene the orders made pursuant to Article III.33.
CHAPTER 3. - Abrogatory provisions.
Art. 8. Sections 4 to 24 and 29 to 49 of the Services Act of March 26, 2010 are repealed.
Art. 9. The Act of 16 January 2003 establishing a Bank-Carrefour des Entreprises, modernization of the Business Register, creation of registered business windows and various provisions, last amended by the Act of 21 January 2013, is repealed.
Art. 10. Articles 1, 2, 4, 5, 7, 8 and 9, paragraphs 1er and 2, of the Royal Decree on the modalities for the registration of non-commercial private-law companies in the Bank-Carrefour des Entreprises, are repealed.
Art. 11. The Act of 17 July 1975 on business accounting, last amended by the Act of 22 March 2012, is repealed.
CHAPTER 4. - Jurisdiction.
Art. 12. Existing laws or enforcement orders referring to the provisions referred to in sections 8 to 11 are presumed to refer to the equivalent provisions of the Economic Law Code, as set out in this Act.
Art. 13. The King may replace references in existing laws or decrees to the provisions referred to in sections 8 to 11 with references to the equivalent provisions of the Economic Law Code, as set out in this Act.
Art. 14. 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 modified 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 5. - Entry into force.
Art. 15. The King shall determine the 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.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 17 July 2013.
ALBERT
By the King:
The Prime Minister,
E. DI RUPO
Deputy Prime Minister
and Minister of Economy and Consumers,
J. VANDE LANOTTE
Minister of Average Class,
Mrs. S. LARUELLE
The Minister of Justice,
Ms. A. TURTELBOOM
Minister of Administrative Simplification,
O. CHASTEL
Minister of Finance,
K. GEENS
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) See:
Documents of the House of Representatives:
53-2741 - 2012/2013:
Number 1: Bill.
No. 2: Amendments.
Number three: Report.
No. 4: Text adopted by the commission.
No. 5: Text adopted in plenary and transmitted to the Senate.
Full report: 23 May 2013.
Documents of the Senate:
5-2105 - 2012/2013:
No. 1: Project not referred to by the Senate.