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Posted the: 2013-05-27 Numac: 2013011237 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES average and energy 25 April 2013. -Law on the integration of book IX "Security products and services" in the Code of economic law and bearing insertion of definitions specific to the IX book in book I of the Code of economic law (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1.
-Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -The Code of economic law art.
2. in book I, title 2, code of economic law, there shall be inserted a chapter 7 as follows: "Chapter 7: book IX article-specific Definitions. I.10. the following definitions are applicable to the book IX: 1 ° "product": any tangible property that it either new, used or reconditioned, that it has been supplied or made available to a user against payment or for free in a commercial activity and services, as well as any tangible property made available by an employer or intended to be placed at the disposal of a worker to perform his work.
Also covers installations, in other words the introduction of products arranged such as to be able to work together. On the other hand, exempt second-hand products supplied as antiques or products which, for use, must be repaired or reconditioned, provided that the supplier clearly informs the person to whom he supplies the product;
2 ° 'safe product': any product that, in conditions of normal or reasonably foreseeable use, including duration and, where applicable, commissioning, installation and maintenance requirements, presents no risk or only compatible reduced risk with the use of the product and considered acceptable with respect to a level high protection of the health and safety of persons. The possibility of achieving a higher level of security or to obtain other products presenting a lesser risk is not a sufficient reason to consider a product as dangerous. During the evaluation it is well taken into account: a) the characteristics of the product, including its composition, packaging, instructions for Assembly and, where applicable, installation and maintenance;
(b) of the effect of the product on other products if it reasonably foreseeable use of the former with the latter;
(c) of the presentation of the product, the labelling, warnings and any instructions for its use and disposal and any other indication or information relating to the product;
(d) the categories of users who run a great risk during the use of the product, in particular children and the elderly;
3 ° "hazardous product": any product that does not meet the definition of "safe product";
4 ° "consumer product": any product intended for consumer or can reasonably expect that it is used by consumers, although it does not specifically cover. Are only excluded products intended for business purposes whose labelling specifies this professional use and which are not normally present in the distribution accessible to consumers;
5 ° "service": any update available to consumers of a product and any use by a provider of a product risk for the consumer, provided whether it is a product that has a direct relationship with the provision of service;
6 ° "reliable service": any service offering that safe products that do not present any risk to the user or only reduced-risk consistent with the provision of service and considered acceptable with respect to a high level of protection of health and safety;
7 ° "dangerous service": any service that does not meet the definition of "reliable service";
8 ° 'producer': a) the manufacturer of product or the provider of the service when it is established in a Member State, and any other person presenting himself as the manufacturer by affixing to the product his name, his mark or other distinctive mark, or that which proceeds to the repackaging of the product, and any other person presenting himself as the service provider;
b) the representative of the manufacturer or the service provider, where they are not established in a Member State, or, in the absence of representative established in a Member State, the importer of the product, or the distributor of the service;
(c) other professionals of the chain of marketing or the provision of services, to the extent where their activities may affect the safety properties of a product placed on the market.
d) an employer who manufactures products for use in the workplace of his own business;
9 ° 'distributor': any professional in the chain of marketing or the provision of services whose activity has no impact on the safety features of the product;
10 ° 'worker': the worker as defined in article 2, § 1, 1 °, of the Act of 4 August 1996 concerning the welfare of workers in the performance of their work;
11 ° "employer": an employer as defined in article 2, § 1, 2 °, of the Act of 4 August 1996 concerning the welfare of workers in the performance of their work;
12 ° 'user': the consumer, the employer or the worker according to the case;
13 ° 'intervening body': has) any body who, under book IX or its orders of execution, is involved in the development of an analysis of risk, the definition of preventive measures, conducting inspections of implementation, the realization of maintenance inspection, the development of schemes of inspection or maintenance, the realization of periodic or periodic audits;
(b) any organization which, under book IX or its orders of execution, is referred to as instance notified or approved for the implementation of the conformity assessment procedures;
(c) any organization which, under book IX or its orders execution, intervenes to verify the safety of a product or service in another way.
14 ° 'risk': the possibility that a damage resulted from the use or the presence of a dangerous product. Risk factors are environmental factors and the individual factors that influence the possibility or severity of the injury.
15 ° "grave risk": risk, including those the effects are not immediate, requiring rapid intervention by the public authorities;
16 ° "Minister": the Minister who has the protection of the safety of consumers in charge;
17 ° "recall": any measure aimed at achieving the return of a dangerous product that the producer or distributor has already provided the user or made available;
18 ° 'withdrawal': any measure aimed at preventing the distribution or exposure and the offer of a hazardous product as well as offering a dangerous service;
19 ° "harmonised standard": any national non-mandatory standard of a Member State which is the transposition of a European standard subject to a mandate given by the European Commission to a European body for Standardization the reference which was published in the Official Journal of the communities European.
Belgian standards meets this provision references are published in the Moniteur belge;
20 ° 'Member State': Member State of the European Union, the Turkey, or a Member State of the European Free Trade Association that is a Contracting Party to the agreement on the European economic area.
S. 3. in the same Code a book IX is inserted, worded as follows: 'book IX.
Security products and services chapter 1. -General safety requirement of art. IX.1er. this book is mainly the protection of the safety of the user and the transposition of Directive 2001/95/EC of 3 December 2001 of the European Parliament and of the Council on the General safety of products.
In relation to the products and services subject to a specific safety regulations, this book is only apply for risks which are not regulated by this specific regulation.
S. IX.2. producers are required to put on the market only safe products and provide exclusively safe.
S. IX.3. § 1. A product or service is presumed as safe when it conforms to the harmonized standards for risks and categories of risk covered by these standards.
§ 2. In the absence of full or partial of harmonised standards for a product or service, compliance with the General safety requirement is assessed taking into account the following where they exist: 1 ° non-binding national standards transposing European standards other than those referred to in article I.10.19 °;
2nd Belgian national standards;
3 ° the recommendations of the Commission of the European Union establishing guidelines concerning the evaluation of the safety of products;
4 ° codes of conduct on safety of products in force in the sector concerned;
5 ° the current state of knowledge and technology;
6 ° the safety which consumers may reasonably expect;
7 ° of international standards.
S. IX.4. § 1.
To ensure the protection of security and the health of the user, the King may on the proposal
Minister: 1 ° prohibit or regulate, for a category of products, the manufacture, importation, processing, export, supply, exhibition, sale, processing, transport, distribution even free of charge, rental, provision, delivery after repair, commissioning, detention, labelling, packaging, the circulation or use as well as the safety and health conditions to be observed;
2 ° prohibit a class of services or fixed for a category of services, safety and health conditions in which they can be provided.
The Minister or his delegate shall consult for each draft order made pursuant to this paragraph a representation of the sector of the products or services concerned, consumer organisations and, where appropriate, of workers organizations.
This consultation can take place via a request for an opinion addressed to the Committee on the safety of consumers.
The Minister or his delegate sets the time limit within which such opinion shall be given. This period may not be less than two months. After this period, the Commission's opinion is longer required provided that a consultation be held as provided in the preceding paragraph.
§ 2. The Minister or his delegate may withdraw a product from market or prohibit a service when it was found that one or more elements of the product in issue do not meet the general duty of safety or an order made in implementation of paragraphs 1 and 3, or article IX.5, §§ 1 and 2. The Minister or his delegate shall first consult the producer of the product concerned or the service in question and the informed no later than fifteen days after the measures have been taken.
3. By order made pursuant to subsection 1 or 2, may also be ordered the following measures: 1 ° the withdrawal from the market, the recovery for the modification, the total or partial refund or exchange of products concerned, as well as their destruction when it is the only way to stop the risk;
2 ° the stop or the regulation of the service;
3 ° the obligations relating to the information of the users;
4 ° the procedures, tests and markings that are mandatory or discretionary.
§ 4. For orders that transpose measures taken at European level, or resulting, the consultations referred to in paragraphs 1 and 2 are not required.
§ 5. The Minister or his delegate informed the Committee on consumer safety of the measures taken, no later than fifteen days after the entry into force of an order made pursuant to this section.
S. IX.5. § 1.
In the event of serious risk, the Minister or his delegate may, for a period exceeding one year and renewable at least once for a period not exceeding one year, enact a reasoned, total or partial ban or impose conditions for: 1 ° the manufacture, importation, processing, export, supply, the exhibition, sale, processing, transport, distribution even for free rental, making available, delivery after repair, commissioning, detention, labelling, packaging, movement or mode of use of a product or a category of products;
2 ° the provision of services relating to those products.
This interim measure can be transformed to final in accordance with the procedures referred to in article IX.4.
§ 2. By decree or decision made pursuant to paragraph 1, may also be ordered the following measures: 1 ° the withdrawal from the market, logging, recovery for the modification, the total or partial refund or Exchange a product or category of products, as well as their destruction if it is the only way to stop the risk;
2 ° the obligations relating to the information of the user.
§ 3. The Minister or his delegate shall consult in advance producers or a representation of the sector without prejudice to urgent intervention required by the circumstances. If, due to the urgency of the measure, the consultation may take place in advance, the parties concerned shall be notified not later than fifteen days after the measures have been taken.
§ 4. For orders that transpose measures taken at European level, or resulting, this consultation is not mandatory.
§ 5. The Minister or his delegate informed the Committee on consumer safety no later than fifteen days after the entry into force of the Decree.
S. IX.6. If a product or service does not meet the General safety requirement of referred to in this book, or does not comply with an order made pursuant to section IX.4, §§ 1 to 3, or article IX.5, §§ 1 and 2, the costs associated with the implementation of the provisions of articles IX.4 and IX.5 can be be borne by the producer concerned to the conditions laid down by royal decree deliberated in the Council of Ministers.
S. IX.7. the Minister or his delegate may: 1 ° contact producers of warnings and ask them to develop products or services that they offer to the user in accordance with article IX.2 or with the orders made pursuant to article IX.4, §§ 1 to 3, or article IX.5, §§ 1 and 2.
2 ° prescribing the producers concerned submit to the analysis or testing by a laboratory independent, within a specified period and at their expense, their products or services to the consumer when, for a product or service marketed, there is sufficient danger indications, or when the characteristics of a product or a new service justify this precautionary measure.
The King determines, by order, refund conditions, where applicable, amounts incurred by producers on the occasion of these analyses or this control.
As long as a product or service has not submitted to the analysis or control prescribed pursuant to this section, it is deemed not to meet the requirements of article IX.2, unless evidence to the contrary is reported.
S. IX.8. § 1. Within the limits of their respective activities, producers shall provide the user with information allowing to assess the risks inherent in a product throughout the normal or reasonably foreseeable use, when they are not immediately obvious without adequate warnings, and to take precautions against.
The presence of such a warning does however not exempt from compliance with the other obligations laid down by this book.
§ 2. Within the limits of their respective activities, producers shall adopt measures commensurate with the characteristics of the products and services they provide, which enable them to: 1 ° be informed of the risks that these products and services may present;
2 ° to initiate timely actions, including, if necessary to avoid these risks, withdrawal from the market, the caveat adequate and effective users and the recall from the latter. Actions may be imposed either by the King or by the Minister or his delegate, in application of articles IX.4 and IX.5.
These include among others: 1 ° the indication, through the product or its packaging, of the identity and contact details of the producer and the product reference or, where applicable, the batch of products to which it belongs, except where the omission of such information is justified.
2 ° in all cases where appropriate, the completion of sample testing of marketed products, the review of the claims and, where applicable, holding a register of claims and information distributors by the producer on the follow-up to these products.
§ 3. Distributors are required to contribute to compliance with the applicable safety requirements, in particular by not supplying products which they know or should have presumed, on the basis of the information in their possession and as professionals, do not comply with these obligations. In addition, within the limits of their respective activities, they participate in the monitoring of the safety of products placed on the market, in particular by the transmission of information on the risk of the products, by holding and the provision of documents necessary to trace the origin, as well as collaboration in the action undertaken by the producers and the competent authorities to avoid the risk.
§ 4. Producers and distributors shall immediately inform the central window for the products when they know or ought to know, based on the information in their possession and as professionals, that a product or service which they have placed on the market present for the user to risks incompatible with the General safety requirement or does not comply with an order made pursuant to section IX.4 §§ 1 and 3, or article IX.5, §§ 1 and 2. They communicate at least the following information: 1 ° the data for exact identification of the product or batch of products concerned;
2 ° a full description of the risk linked to the products concerned;
3 ° all available information to trace the product.
4 ° a description of the steps taken to avoid any risk for users.
The King is empowered to establish the content and the form of the notification form.
§ 5. Producers and distributors, within the limits of their activities, cooperate with the competent authorities, at the request of the latter, for actions taken in order to avoid the risks posed by products
they supply or have supplied.
S. IX.9. for products intended for consumers, labelling and information prescribed by this book and its orders of execution, operating instructions as well as warranty documents are at least labeled in a language understandable to the average consumer, having regard to the linguistic region where the goods or services are put on the market. This obligation also applies to other products, unless the orders adopted pursuant to articles IX.4 and IX.5 provide exceptional conditions.
S. IX.10. the King takes the necessary measures to ensure the effective functioning of a system of collection of data on accidents in which may be involved products or services referred to in article I.10.1 ° and 5 °.
IX.11. the King may determine the criteria for approval and operation of stakeholder organizations, the rules relating to their organization and their missions and the arrangements for control of their compliance.
CHAPTER 2. -Structures and information notice art. IX.12. within the federal public Service economy, SMEs, Middle Classes and energy is created 'A one stop Center for products', hereinafter referred to as "central window". The essential tasks of the central window are: 1 ° being the point of contact for consumers, producers, distributors, employers and authorities for products or services that don't meet or do not meet the provisions of this book or its orders of execution and which can or could harm the security or the health of the users;
2 ° to be the Belgian contact point for European exchange systems with regard to the safety of the products;
3 ° be the point of contact where the producers and distributors shall notify a serious accident resulting from the use of the product that they have provided or made available, or the service provided, and where they declare that the product or service that they have provided or made available no longer meets the obligation General safety provided by this book or an order issued pursuant to article IX.4 §§ 1 and 3, or article IX.5, §§ 1 and 2;
4 ° list, and centralize all types of data on the risks associated with products and services and keep them available to officers designated pursuant to article XV.1er;
5 ° coordinating federal information campaigns on safety and the safety of products and services.
The King may instruct the central window of additional missions with regard to the safety and health of consumers.
In accordance with the transparency requirements, central bank puts at the disposal of the public all information on the risks of products and services for the health and safety of the user. In particular, the public will have access to information concerning the identification of products, the nature of the risk and the measures that have been taken.
S. IX.13. the central window assumes a coordination mission. The central window passes specific questions to which he cannot respond immediately and claims of consumers, producers, or distributors for execution to the authority concerned informed him of the reserved suite. Central bank must provide authorities all the information available to it for the fulfilment of its mission and which relate to the powers of the authority concerned and may request the administrations concerned documents and other data it needs for the performance of its mission.
Each year, central bank draw the previous year an activity report. In the annex to this report, include a statistical overview accidents reported for products, complaints and communications concerning the security and the safety of products and releases received via European warning systems.
S. IX.14. in matters of this book and its orders of execution, the King determines for a product or category of products, on the joint proposal of the Minister and the other Ministers who have the safety of this product or category of products in their powers: 1 ° the composition of the representation of the Belgium international or supranational organizations;
2 ° the allocation of competencies and missions relating to the preparation of the execution orders. In this context, the King may determine that for the purposes of articles IX.4 and 5, advisory organs other than the consumer safety Commission are obligatorily consulted following the same procedures. ».
CHAPTER 3. -Provision repealing art.
4 Act of 9 February 1994 on security products and services, as amended by the laws of the 4 April 2001, 18 December 2002, December 27, 2005 in April 25, 2007, is repealed, except sections 14 to 19, and articles 20 to 26.
CHAPTER 4. -Allocation of competencies art. 5. the laws or existing execution orders which refer to the repealed provisions referred to in article 4 are presumed to refer to the equivalent provisions of the Code of such economic law that inserted by this Act.
S. 6. the King may replace references in laws or existing orders to the provisions of the law of 9 February 1994 repealed by article 4 by references to the equivalent provisions of the Code of economic law, such that inserted by this Act.
S. 7. the King can coordinate the provisions of the Code of economic law, as that inserted by this law, with provisions that would have expressly or implicitly modified until where coordination will be established.
To this end, it may: 1 ° modify the order, numbering and, in general, the presentation of the provisions to coordinate;
2 ° amend the references contained in the provisions to coordinate to put them in line with the new numbering;
3 ° amend the drafting of the provisions to coordinate to ensure consistency and to unify the terminology without that it can be infringed the principles embodied in these provisions.
CHAPTER 5. -Entry into force art. 8. the King determines the date of entry into force of this Act.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels, 25 April 2013.
ALBERT by the King: the Minister for the economy and consumers, J. VANDE LANOTTE sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note see: records of the House of representatives: 53-2610-2012/2013: No. 1: Bill.
No. 2: amendments.
No. 3: report.
No. 4: Text corrected by the commission.
No. 5: Text adopted in plenary meeting and transmitted to the Senate.
Full report: March 14, 2013.
The Senate documents: 5-2012-2012/2013: No. 1: project not referred by the Senate.
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