belgiquelex.be - Carrefour Bank of Legislation
28 FEBRUARY 2013. - An Act to introduce 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:
. - General provision
. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - The Economic Law Code
Art. 2. The following provisions form the Economic Law Code:
« CODE OF ECONOMIC LAW
. - Definitions
Part 2. - Definitions specific to certain books
CHAPTER 6. - Definitions specific to Book VIII
Art. I.9. The following definitions are applicable to Book VIII:
1° "Standard": a technical specification, approved by a recognized standardization body, for repeated or continuous application, whose compliance is not mandatory and falls within one of the following categories:
(a) "international standard", a standard adopted by an international standard-setting body;
(b) "European standard", a standard adopted by a European standardization organization;
(c) "harmonized standard", a European standard adopted on the basis of a request made by the Commission for the Application of Union Harmonization Legislation;
(d) "national standard", a standard adopted by a national standardization body;
2° "Commission de Standardization": commission carried out within the Bureau de Normalisation des travaux de standardisation dans un domaine particulier by involving all interested parties;
3° "Sectoral Operator for Standardization": a body with or without a legal personality responsible for the coordination of one or more standardization committees, in areas within its competence;
4° Accreditation: formal certification issued by the national accreditation body that a compliance assessment body meets the criteria defined by the harmonized standards and, if applicable, any other additional requirements, including those set out in the relevant sectoral programs, required to conduct a specific compliance assessment operation;
5° "accreditation system": system having its own rules of management and intended to enable the implementation of the accreditation procedure;
6° "Compliance assessment": process assessing whether it is demonstrated that defined requirements for a product, process, service, system, person or organization have been met;
7° "Compliance Assessment Organization": an organization that conducts conformity assessment operations, such as calibration, testing, certification and inspection;
8° "Harmonized Standard": a European standard adopted by one of the European standards bodies referred to in Annex Ire
the Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 providing for an information procedure in the field of technical standards and regulations and rules relating to the services of the information society, on the basis of a request made by the Commission in accordance with Article 6 of this Directive;
9° "Test": technical operation which consists of determining one or more characteristics of a given product, process or service, according to a specified operating mode;
10° "Standing": an activity that is intended to establish, under specified conditions, the relationship between the values of the size indicated by a device or measuring system, or the values represented by a materialized measure or by a reference material, and the corresponding values of the magnitude realized by stallions;
11° "Reference material": material or substance of which one or more values of the property(s) is or are sufficiently homogeneous and well defined to allow it to be used for the calibration of a device, the assessment of a measurement method or the attribution of values to the materials;
12° "Inspection": review of the design of a product, service, process or installation, and determination of compliance with specific requirements, or, on the basis of a professional judgment, with general requirements. The term "control" is to be regarded as synonymous with the term "inspection";
13° "Certification": a procedure by which a third party provides written assurance that a product, process or service complies with the specified requirements. A third party must be understood to be an independent person or body of the parties involved in the matter;
14° "Measuring instruments": all objects, instruments and apparatus or combinations, designed and made exclusively or subsidiarily for the purpose of measuring;
15° "Verified measuring instrument": a measuring instrument:
(a) that is provided with marks or signs of verification referred to in Article VIII.47;
(b) which, pursuant to the provisions of Article VIII.51, is exempted from the original verification and which, taking into account the provisions of the original verification and which, taking into account the provisions of Article VIII.48, is provided with the model approval mark provided for in that Article;
16° "Measures in the economic circuit": measurements made in the exercise of a profession, trade or trade, for the purpose of observing rights and obligations arising from a legal relationship.
LIVRE II. - General principles
. - Scope of application
Art. II. 1er
. Subject to the application of international treaties, European Union law or special legislation, this Code contains the general provisions applicable to economic matters that fall within the jurisdiction of the federal authority.
Part 2. - Objectives
Art. II.2. The purpose of this Code is to guarantee the freedom to undertake, the loyalty of economic transactions and to ensure a high level of consumer protection.
Part 3. - Freedom of business
Art. II.3. Everyone is free to exercise the economic activity of his choice.
Art. II.4. The freedom to undertake in accordance with the international treaties in force in Belgium, the general normative framework of economic union and monetary unity as established by or under international treaties and the law, as well as laws that are of interest to public order and good morals and imperative provisions.
LIVRE VIII. - Quality of products and services
. - Normalization
. - General provisions
Article VIII. 1er
. Standards are the statement of know-how applicable to a particular product, process or service at the time of adoption.
Compliance with standards is on a voluntary basis, unless their compliance is imposed by a legal, regulatory or contractual provision.
Art. VIII.2. The State and all persons of public law may refer to the standards published by the Standardization Office by simply referring to the indication of these standards.
CHAPTER 2. - The Standardization Office
Art. VIII.3. It is created a Normalization Office, referred to as "the Bureau". The Office is an autonomous body with a legal personality and a seat in the administrative district of Brussels-Capital. The Office is subject to the Act of 16 March 1954 on the Control of Certain Public Interest Organizations.
Art. VIII.4. As part of the standardization policy defined by the Minister, the Office is responsible for:
1° the execution of a general census mission both of the needs for new standards and technical documents and of the offer to achieve them, and of the assessment of the necessary funding means;
2° coordination of standardization work and harmonization of rules on which standardization should be based;
3° centralization, review, consultation and/or approval of draft standards;
4° dissemination of technical standards and documents;
5° promotion of standardization and coordination of measures to facilitate its application;
6° the management of the resources allocated to it and dedicated to the development of scientific and technical skills in the subjects to be normalized;
7° the development of standards, as well as the monitoring, development and development of technical documents as new products that do not have the status of standard but meet market needs;
8° representation of Belgian interests in European and international standardization bodies;
9° the establishment and dissolution of standardization commissions;
10° the approval or withdrawal of the approval of sectoral operators of standardization in accordance with the terms defined by the King, by deliberate decree in Council of Ministers;
11° the execution of tasks related to the standardization and certification entrusted to it by the King, by decree deliberately in Council of Ministers.
Art. VIII.5. The overall pattern of standardization programmes is determined annually by the Bureau, in accordance with the Minister ' s policy, based on the funding opportunities and needs identified by the Office with economic and societal partners and standardization commissions. The King may fix the type of content and the layout of the general schema.
Art. VIII.6. The development of draft standards is monitored or carried out as appropriate by standardization commissions.
Art. VIII.7. The Bureau is making every effort to ensure that key stakeholders are represented in the standardization committees. It is responsible for providing technical and economic information to the standardization commissions and sector operators as necessary for their work.
Art. VIII.8. The standardization commissions associate themselves with their technical work on standardization of approved sectoral standardization operators with the necessary competence in one or more areas. They may be responsible for chairs or technical secretariats of their commissions.
Art. VIII.9. The Bureau, standardization commissions and standardization sector operators contribute, each for its own competence, to the execution of standardization programmes referred to in Article VIII.5, in accordance with the terms and conditions established by the King.
Art. VIII.10. § 1er
. The programs provided for in Article VIII.5, as determined by the Bureau, are financed by technical and/or financial contributions to the interests of interested parties.
§ 2. The Office is funded by:
1° a federal budget allocation charged to the Federal Public Service credits Economy, P.M.E., Average Classes and Energy;
2° royalties imposed by the King, by order deliberately in the Council of Ministers, to finance certain programmes of standardization of general interest, collected from the parties represented in the standardization commissions and prorated the amount of technical and economic information referred to in Article VIII.7, which is provided to them by the Bureau;
3° voluntary or contractual contributions;
4° of casual income;
5° all revenues derived, directly or indirectly, from the activities of the Bureau.
Art. VIII.11. The Office ' s accounting is maintained in accordance with the provisions of the Act of 17 July 1975 on business accounting and enforcement orders. The Office tends to a financial balance.
Art. VIII.12. The Bureau's bodies are the Steering Committee and the Board of Directors. They establish in consultation a rules of order which is subject to the approval of the King.
Art. VIII.13. Without prejudice to the right to quote before the competent judge, the recovery of sums due under Article VIII.10, except those mentioned in § 2, 1°, may take place by means of constraint according to the regime of Articles 94 and 95 of the coordinated laws on State accounting.
Art. VIII.14. The Management Committee shall ensure the day-to-day management of the Office and shall make the necessary or useful actions to carry out its duties. The Steering Committee is composed of a chair and a limited number of members appointed by the Board of Directors. They are appointed by the King, by order deliberately in the Council of Ministers, for a term of six years on the proposal of the Minister, after consultation with the Board of Directors. Their mandate is renewable and full-time. The Chair and the members of the Steering Committee are chosen because of their competence in matters within the direction they are called to lead. The King shall determine by order deliberately in the Council of Ministers the contractual conditions and the financial status to which the Chairman and members of the Steering Committee are subjected.
Art. VIII.15. The Steering Committee is subject to the control of the Governing Council, which is composed in a balanced manner of representatives of the federal government, representative organizations of companies, representative organizations of workers, relevant non-governmental organizations in the field of environmental protection and relevant non-governmental organizations in the field of consumer interests. By order deliberately in the Council of Ministers, the King establishes the number of members and the composition of the Board of Directors, appoints the President and the members and determines the amount of compensation that may be allocated to them by the Bureau. Proposals for designation of representatives not belonging to the public sector are based on lists submitted by the organizations concerned.
Art. VIII.16. The Board of Directors has the following tasks:
1° to approve the general outline of the standardization programs referred to in Article VIII.5;
2° to establish and dissolve standards commissions;
3° Accrediting sector operators of standardization and removing their approval;
4° to adopt draft standards;
5° where applicable, to submit to the King's approval the standards established in accordance with Article VIII.9;
6° to assess the manner in which the Steering Committee and the Standardization Commissions carry out their tasks and to provide advice and recommendations in this regard to the Minister and the Executive Committee;
7° to approve the annual report referred to in Article VIII.17.
Art. VIII.17. Each year, the Bureau reports on its activities for the previous year in the first quarter. This report is addressed to the Minister and the Legislative Chambers.
Art. VIII.18. The Office may, for all its personnel needs necessary for the performance of its duties, engage staff with a work contract.
CHAPTER 3. - The Conseil Supérieur de Normalisation
Art. VIII.19. It is established with the Federal Public Service Economics, P.M.E., Average Classes and Energy a Superior Normalization Council referred to as the "Superior Council".
Art. VIII.20. The High Council's mission is to provide advice on all issues related to the policy and development of national and international standardization at the request of the Minister. In this context, the Higher Council, in particular, has a mandate to issue an opinion on the Bureau's annual report referred to in Article VIII.17. The opinions are public.
Art. VIII.21. In addition to a President, the High Council consists of:
1° four effective members and four alternate members from the scientific world;
2° six effective members and six alternate members representing business representative organizations, including two effective members and two alternate members representing small and medium-sized enterprises;
3° two effective members and two alternate members representing relevant organizations in the area of consumer interests;
4° two effective members and two alternate members from the representative organizations of workers;
5° two effective members and two alternate members representing representative organizations of societal interests.
Art. VIII.22. The King appoints and revokes the President of the Superior Council.
Art. VIII.23. The Minister shall select and appoint, on the proposal of the relevant bodies, the actual members and alternate members on the same terms.
Art. VIII.24. The term of office of the president and members lasts 6 years and is renewable. If an effective member's term of office ends before the end of the term, the alternate shall complete the term. The appointment of a new alternate until the end of the current first term is completed.
Art. VIII.25. The High Council may invite to its meetings any person whose notice may be useful to it.
Art. VIII.26. The secretariat of the Superior Council is provided by the Federal Public Service Economy, P.M.E., Average Classes and Energy.
Art. VIII.27. The Superior Council shall develop its rules of procedure. The Minister is subject to approval.
Art. VIII.28. The High Council reports on its activity over the past year. This report is made public and transmitted to the Minister.
Art. VIII.29. Provision is made for the operation of the Superior Council, each year, to the budget of the SPF Economy, P.M.E., Average Classes and Energy. The King shall determine the amount of compensation that may be allocated to members of the High Council. It sets out the amount of travel and residence allowances.
Part 2. - Accreditation of conformity assessment bodies
Art. VIII.30. § 1er
. The King may, by order deliberately in the Council of Ministers, take all necessary measures to create an accreditation system. In particular, it will create a single national accreditation body and a National Accreditation Council.
§ 2. The national accreditation body is responsible for the process management to obtain accreditation, including the issuance and withdrawal of accreditations.
§ 3. The National Accreditation Council is responsible for:
1° to ensure consistent and transparent application of accreditation principles and procedures;
2° to assess the annual report of the national accreditation body and to issue a notice to the Minister;
3° ensure the collection, circulation and publication of information relating to activities in this area;
4° ensure that all interested parties are involved in accreditation activities;
5° to provide advice on all aspects of accreditation.
The National Accreditation Council will include representatives of the federal authority and regional and community authorities, the Standardization Office, businesses, workers' organizations and consumers, and accredited compliance assessment bodies.
The King determines, by order deliberately in the Council of Ministers, the composition of the National Accreditation Council.
§ 4. The King sets out, after consultation with the National Council of Accreditation, by order deliberately in the Council of Ministers, the criteria for accreditation of conformity assessment bodies.
§ 5. Certificates and conformity assessment reports issued by accredited bodies under this Title shall be recognized by the Belgian State.
Art. VIII.31. The King shall exercise the powers entrusted to him by the provisions of this Title on the proposal of the Minister.
Art. VIII.32. § 1er
. Expenditures related to the management and promotion of the national accreditation system are borne by the SPF Economie, P.M.E., Average Classes and Energy.
§ 2. A Fund for Accreditation and Certification fees is created.
Without prejudice to other legal and regulatory provisions, the King may impose, for the benefit of this Fund, retributions to cover the costs of assessment, accreditation, certification, monitoring and control.
§ 3. The King sets out the method of calculating and paying the rewards and expenses.
Part 3. - Units, benchmarks and measuring instruments
. - Legal units
. - General
Art. VIII.33. The legal system of units of measure includes units of the international system as well as other units of measures which, without being part of this system, are used in an ordinary way.
Section 2. - Measuring units of the international system
Art. VIII.34. The international measurement unit system (SI) includes:
1° base units;
2° derivative units;
3° the multiple and sub-multiple of the base units.
Art. VIII.35. § 1er
. The basic units referred to in Article VIII.34, 1°, the dimensions to which they relate and the symbols by which they are designated are:
The meter is the length of the journey through the vacuum through the light for a period of 1/299 792 458 seconds;
The kilogram is the mass of the prototype in iridated platinum sanctioned as a mass unit by the Third General Conference of Weights and Measurements;
The second is the duration of 9 192 631 770 radiation periods corresponding to the transition between the two hyperfinal levels of the fundamental state of the caesium atom 133;
The amplifier is the intensity of a constant electric current which, maintained in two parallel, rectilinear, infinite length, negligible circular section and placed at a distance of one meter in the void, produced by meter of length between these conductors a force equal to two ten millionths of the force giving one kilogram a acceleration of one meter per square second;
The kelvin is the thermodynamic temperature equal to the fraction 1/273.16 of the thermodynamic temperature of the triple point of the water;
The candela is the luminous intensity, in a given direction, of a source that emits monochromatic frequency radiation 540 x 1012
hertz and whose energy intensity in this direction is 1/683 watt per steradian;
The mole is the amount of a system containing as many elementary entities as there are atoms in 0.012 kilogram of carbon 12.
§ 2. The derivative units are those that are defined as a product of power of basic units, with a numerical factor equal to the unit.
§ 3. The multiple and sub-multiple core units of the international system are those formed according to the rules established by the General Conference of Weights and Measures.
Section 3. - Measuring units that do not belong to the international system
Art. VIII.36. The King may include in the legal system units of measure which, without being part of the international system, are used in an ordinary way. It may limit its use to the cases it determines.
Section 4. - Table of legal units
Art. VIII.37. The King stops the picture which sets, by their name, their definition and symbol, the legal units, as well as the rules for the formation of multiple and sub-multiple.
Section 5. - Reconciliation of legislation with the international system
Art. VIII.38. The King may amend the provisions of Articles VIII.34 and VIII.35 to align them with the modifications that the General Conference of Weights and Measures would bring to the international system of units of measurement.
Section 6. - Use of measuring units
Art. VIII.39. § 1er
. Legal units must be used in authentic acts, in acts emanating from public authorities, in acts under private seing and in writings established in the exercise of a profession, a trade or a trade.
§ 2. It is forbidden to use other units of measure than legal units to express the quantity of goods or the scope of services:
1° for commercial operations or supplies of goods that are normally done;
2° for the determination of the remuneration or price of the services;
3° on invoices, posters, advertisements and claims;
4° on goods offered for sale or sold, as well as on the packaging of these goods or on the container that contains them.
§ 3. The King may extend the provisions of paragraph 2 to the expression of other specifications than those that determine the quantity of any property or the extent of a service.
§ 4. The provisions of paragraphs 1 and 1er
, 2 and 3 do not apply to writings:
1° used in relations with other countries;
2° concerning goods outside the Kingdom.
Section 7. - Let's go.
Art. VIII.40. The King sets out the necessary measures for the establishment, conservation and reproduction of national stallions that represent those of legal units that can be materialized.
National stallions are compared and, where appropriate, adapted to the international stallions retained in accordance with the provisions of the Convention to ensure international unification and enhancement of the metric system, signed in Paris on 20 May 1875, approved by the law of 29 December 1875 and amended by the Convention signed in Sèvres on 6 October 1921.
Art. VIII.41. The King sets out the necessary measures to establish and publish the rules that allow to reproduce those of the legal units that are not materialized.
Such rules shall be in accordance with those adopted by the treaty bodies referred to in Article VIII.40.
Art. VIII.42. National stallions and the application of the rules established by the King, in accordance with Article VIII.40, are presumed to reproduce exactly the legal units.
CHAPTER 2. - Measuring instruments
. - Employment rules
Art. VIII.43. § 1er
. Measurements in the economic circuit, which are designed to determine the quantity of goods or the extent of services, are carried out using verified measuring instruments.
§ 2. The measurements made for the calculation of perceptions and restitutions are carried out using verified measuring instruments.
§ 3. The King may extend the application of paragraph 1er
other measurements in the economic circuit.
§ 4. The King may impose the use of verified measuring instruments for measurements outside the economic circuit.
Art. VIII.44. § 1er
. It is forbidden to give for rent, to sell, to store or to sell, to hold them for sale or to give as a bonus:
1° of unaudited measuring instruments intended for measurements as specified in Article VIII.43, § 1er
2° of the verified measuring instruments which, pursuant to Article VIII.51, are exempted from the original verification when these instruments do not meet the requirements of Article VIII.46 or taken under that Article.
§ 2. The provisions of paragraph 1er
are not applicable to measuring instruments which, in accordance with the requirements in this regard, have a mark indicating that they are not intended for measurements in the economic circuit set out in paragraph 1er
§ 3. At trade fairs, exhibitions and demonstrations, the presentation of unaudited measuring instruments is permitted provided that a visible panel clearly indicates that these measuring instruments are not in conformity with this Title and that they cannot be marketed or put into service.
§ 4. The King may prohibit giving for renting, selling, exposing or selling, holding in order to sell them or giving as bonuses unaudited measuring instruments, with the purpose of measurements as specified in article 43, §§ 3 and 4.
Art. VIII.45. In places where measurements are usually performed as specified in Article VIII.43, § 1er
, or pursuant to Article VIII.43, §§ 3 and 4, the persons who carry out these measurements shall be permanently, on site and in sufficient numbers, provided with instruments of measure verified, which may carry out the above measurements.
Art. VIII.46. § 1er
. Measuring instruments as specified in article VIII.43 indicate the result of measurements in legal units.
§ 2. The King sets out the requirements for other conditions to which the measuring instruments referred to in paragraph 1er
must satisfy, as well as their composition and metrological qualities.
Section 2. - Verification of measuring instruments
Art. VIII.47. Measurement instrument verification operations include:
1° examination of a model for approval;
2° primitive verification;
3° periodic verification.
These operations are attested by the affixing of marks or signs or by the issuance of certificates.
The King can define other verification operations.
Art. VIII.48. The model, to be approved, shall be constituted in such a way that the measuring instruments reproduce this model meet the requirements that are imposed for these instruments in accordance with Article VIII.46.
If approved, a certificate is issued to the applicant. It is or is awarded a model approval sign, where the corresponding instruments are not exempt from the original verification, or are issued from the model approval marks, when these instruments are exempt from the original verification.
The person on whose behalf the certificate referred to in the preceding paragraph is established is authorized, with the exception of any other person, to affix the assigned sign or marks issued on measuring instruments and exclusively on those manufactured according to the model to which the sign or mark relates.
Art. VIII.49. The primary verification consists in examining the conformity of the instrument presented to the legal requirements. If so, one or more verification marks are affixed or a certificate is issued.
Art. VIII.50. Periodic verification is to check whether an instrument that has already been the subject of primitive verification still meets the legal requirements. If so, one or more verification marks are affixed or a certificate is issued.
Art. VIII.51. In the cases and conditions it determines, the King may exempt instruments of measurement either from the examination of a model for its approval, either from initial and periodic audits or from periodic verification.
Art. VIII.52. The King may submit measuring instruments to a technical inspection to check whether they meet the legal requirements or are in good working condition. If so, one or more signs of approval are affixed or a certificate is issued.
Art. VIII.53. § 1er
. The King sets out the terms of model approval, primitive verification, periodic verification and technical control. It sets the model of marks and certificates.
§ 2. It determines the means or collaboration that the individual must provide during the verification operations.
§ 3. The King may determine that, under the conditions set by him, the instruments of measurement from the Member States of the European Union may be considered for the application of this Title as verified, if they satisfy, either the legal provisions of the Member State in question, or the directives of the European Union and that they are also provided with valid marks or signs imposed by the Member State or provided for in the directives.
Art. VIII.54. Model approval, issuance of model approval marks, early verification and periodic audit may result in the collection of a tax. The King sets the amount and mode of perception.
The legal provisions concerning claims, recoveries, prosecutions and privileges in respect of contributions to the State are applicable to the taxes established under the present
CHAPTER 3. - Common provisions
Art. VIII.55. § 1er
. The King shall designate the service responsible for the execution of the metrological services referred to in this Title. This service is also responsible for:
1° to provide, upon request, technical and scientific services in metrology;
2° to perform calibrations, on request, which are measurement operations that the metrological legislation does not impose and that are intended to determine the values of measurement instrument errors, based on national standards and legal measurement units;
3° to coordinate metrological activities at the Belgian level, to participate in international programmes of comparative measures in order to guarantee international recognition of national stallions and to represent Belgium to the bodies of the convention referred to in article VIII.40 and international metrology organizations.
§ 2. The King sets out the terms and conditions for benefits referred to in paragraph 1er
, 1°, 2° and 3°. It determines the marks, signs and certificates attesting that these benefits have taken place.
§ 3. The King shall determine the amount of the benefits provided under paragraph 1er
, 1°, 2° and 3°, and adjust their way of perception.
§ 4. The King takes all necessary measures to achieve an adequate and coordinated use of the metrological potential:
1° in the verification of measuring instruments based on a system of accreditation of public and private bodies. The King determines the conditions to which these organizations must meet so that they can perform the metrological services referred to in this Title;
2° in the field of scientific metrology on the basis of a network, hereafter referred to as the Network, research institutes or public and private laboratories that meet, inter alia, the criteria established by the bodies of the convention referred to in article VIII.40. The King sets out the modalities for the development and operation of the Network as well as the conditions to which the research institutes and laboratories must satisfy in order to be part of it and to remain it.
Art. VIII.56. The King may by general provision derogate from the provisions of articles VIII.39, §§ 1er
and 2, VIII.43, §§ 1er
and 2, and VIII.44, § 1er
The King may also grant special exemptions to the aforementioned provisions as well as to the provisions taken by application of Articles VIII.39, § 3, VIII.43, §§ 3 and 4, and VIII.44, § 4. It may charge the services, authorities and public bodies it designates to grant derogations. Such exemptions may only be granted upon request.
Exemptions under subparagraphs 1er
and 2 may contain restrictions and be subject to conditions; They're motivated.
The decisions by which the King delegates authority or agencies to grant derogations are also motivated. "
CHAPTER 3. - Abrogatory provisions
Art. 3. The decree of 2 - 17 March 1791 deleting all the rights of aid, all master's and jurors and establishing the rights of patent is repealed.
Art. 4. In the Units Act of 16 June 1970, calibrations and measuring instruments are repealed:
1° Articles 1er
2° Article 3, amended by Royal Decrees of 10 May 1973, 23 January 1981 and 4 February 1986;
Articles 4 to 10;
4° Article 11, as amended by the Act of 20 July 2006;
5° Article 12;
6° Article 13, amended by the Act of 20 July 2006;
7th Article 14;
8° Articles 15 and 16, as amended by the Act of 20 July 2006;
9° articles 17 to 23;
10° Article 30, §§ 1er
5, paragraph 1er
replaced by the Act of 21 February 1986 and amended by the Acts of 9 July 2004 and 20 July 2006;
11° Article 31, as amended by the Act of 6 May 2009.
Art. 5. In the Act of 20 July 1990 concerning the accreditation of conformity assessment bodies, are repealed:
1° Articles 1er
and 2, replaced by the Act of 30 December 2009;
2° Article 5, as amended by the Act of 30 December 2009;
3° Article 6.
Art. 6. The Law of 3 April 2003 on Standardization is repealed, with the exception of section 19.
CHAPTER 4. Attribution of skills
Art. 7. Existing laws or decrees referring to the legislation referred to in sections 3 to 6 are presumed to refer to the equivalent provisions of the Economic Law Code, as set out in this Act.
Art. 8. The King may replace references in existing laws or decrees to the legislation referred to in sections 3 to 6 with references to the equivalent provisions of the Economic Law Code, as set out in this Act.
Art. 9. 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 amended them at the time the coordination is established.
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. 10. The King shall determine the effective date of this Act.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 28 February 2013.
By the King:
Minister of Economy and Consumers,
J. VANDE LANOTTE
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
(1) Documents of the House of Representatives:
53-2543 - 2012/2013:
Number 1: Bill.
2 and 3: Amendments.
Number 4: Report.
No. 5: Text adopted by the Commission.
No. 6: Text adopted in plenary and transmitted to the Senate.
Full report: 24 January 2013.
Document of the Senate:
5-1943 - 2012/2013:
No. 1: Project not referred to by the Senate.