Act Introducing The Code Of Law Economics (1)

Original Language Title: Loi introduisant le Code de droit économique (1)

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2013011134&caller=list&article_lang=F&row_id=1300&numero=1308&pub_date=2013-03-29&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2013-03-29 Numac: 2013011134 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES averages and energy 28 February 2013. -An Act introducing 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. the following provisions form the Code of economic law: "economic law CODE book Ier. -Definitions title 2. -Some books Chapter 6-specific definitions. -Book VIII Art.-specific definitions I.9. the following definitions are applicable to Book VIII: 1 ° 'Standard': a technical specification approved by a body recognized for Standardization, for repeated or continuous application, which compliance is not compulsory and which falls into one of the following categories: has) 'international standard' means a standard adopted by an international organization for Standardization;
(b) ' European standard' means a standard adopted by a European Organization for Standardization;
(c) ' harmonised standard' means a European standard adopted on the basis of a request by the Commission for the implementation of the harmonisation of EU legislation;
(d) ' national standard' means a standard adopted by a national standards body.
2 ° "Commission for Standardization": commission carrying out within the standardisation Office of the standardization work in a particular field by involving all relevant stakeholders;
3 ° 'Sectoral standardization operator': having or not legal personality body responsible for the coordination of one or more Committee (s) for standardization in areas within its competence;
4 ° "Accréditation": formal certificate issued by the national accreditation body that a conformity assessment body meets the criteria defined by the harmonized standards and, if application, any additional requirements including those set out in relevant sectoral programmes, required to perform a specific operation of conformity assessment;
5 ° "Accreditation system": System with its own rules and intended to allow the implementation of the accreditation procedure.
6 ° "Conformity assessment": process assessing if it is demonstrated that the defined requirements relating to a product, process, service, system, person or body have been met;
7 ° "Conformity assessment body": body that performs conformity assessment, such as calibration, testing, certification and inspection;
8 ° 'Harmonised standard': a standard European adopted by one of the European standardisation referred to in Annex I, Countess of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure of information in the field of standards and technical regulations and rules on services of the information society, on the basis of a request made by the Commission in accordance with article 6 of that directive;
9 ° "Test": technical operation that is to determine one or more characteristics of a product, process or service, according to a procedure specified;
10 ° "Calibration": activity that aims to establish, under specified conditions, the relationship between the values of the quantity indicated by a device or measuring system, or values represented by a material measure or a reference material, and the corresponding values of the magnitude made by standards;
11 ° "Reference material": material or substance, one or more values of the properties is or are sufficiently homogeneous and well defined to allow to use it for the calibration of an apparatus, the assessment of a measurement method or assigning values to materials;
12 ° "Inspection": review of the design of a product, service, process or installation, and determination of their conformity with specific requirements or, on the basis of professional judgement, to the General requirements. The term "control" is to be considered as a synonym for the term "inspection";
13 ° "Certification": procedure by which a third party gives written assurance that a product, process or service conforms to the defined requirements. Third party means a person or recognized body independent of the parties involved, in what concerns the subject matter;
14 ° "Measuring instruments": all objects, instruments and devices or their combinations, designed and constructed exclusively or alternatively with the aim of carrying out measurements;
15 ° 'Measuring instrument checked': a measuring instrument: has) that is provided with the marks or signs of verification referred to in article VIII.47;
(b) which, under the provisions of article VIII.51, is exempted from the initial verification and which, having regard to the provisions of the verification and that, account being taken of the provisions of article VIII.48, is provided with the pattern approval mark laid down in this article.
16 ° "Measurements in the economic circuit": measurements performed in the exercise of a profession, a profession or a trade for the observation of the rights and obligations arising from a right relationship.
BOOK II. -Principles general title 1. -Scope art. II. 1. Subject to the application of international treaties, the law of the European Union or of specific laws, this Code contains the General provisions applicable to economic matters which fall within the jurisdiction of the Federal Government.
Title 2. -Objectives art.
II.2. this Code aims at ensuring freedom of enterprise, the loyalty of economic transactions and to ensure a high level of consumer protection.
Title 3. -Freedom of enterprise art.
II.3. everyone is free to exercise the economic activity of its choice.
S. II.4. entrepreneurial freedom is exercised in compliance with international treaties in force in Belgium, of the normative framework of the economic union and the currency as established by or under international treaties and law, as well as laws affecting public order and morality and the mandatory provisions.
BOOK VIII. -Quality of the products and services title 1.
-Standards Chapter 1. -Provisions General Article VIII.
1. standards are the statement of expertise applicable to a product, process or service at the time of their adoption.
Compliance with the standards is carried out on a voluntary basis, unless their respect is imposed by a legal, regulatory or contractual provision.
S.
VIII.2. the State and all persons in public law may refer to standards issued by the standardization office by simple reference to indicative of these standards.
CHAPTER 2. -The Bureau de Normalisation s. VIII.3. There is created an Office for standardisation, hereinafter referred to as 'the Office '. The Office is an independent body having legal personality and having its seat in the arrondissement of Brussels-capital. The Office is subject to the control of some public interest organizations act of 16 March 1954.
S. VIII.4. the policy standards defined by the Minister, the Office has for missions: 1 ° the execution of a general census mission both needs standards and new technical documents as the offer to perform, and assessment of the necessary financial resources;
2 ° the coordination of the work of standardization and harmonization of the rules on which standardisation must be based;
3 ° the centralization, examination, consultation or approval of draft standards;
4 ° dissemination of standards and technical documents;
5 ° the promotion of standardization and coordination of measures to facilitate its application.
6 ° the management of resources which are allocated and spent on the development of scientific and technical expertise in the subjects to normalize;
7 ° the elaboration of standards, as well as the follow-up, the development and the development of technical documents as new products did not have status of standard, but needs on the market;
8 ° the representation of Belgian interests in European and international standardization bodies;
9 ° the creation and dissolution of the standardization committees;
10 ° the approval or withdrawal of approval of sectoral operators of standardization terms defined by the King, by Decree deliberated in the Council of Ministers;
11 ° the execution of tasks in connection with the standardization and certification entrusted to him by the King, by Decree deliberated in the Council of Ministers.
S. VIII.5. the general pattern of standardization programmes is arrested each year by the Bureau, in accordance with the policy set by the Minister, according to the possibilities of financing and the needs identified by him with economic and societal partners and standardization commissions. The King may set the content type and the rules on presentation of the subclass.
S. VIII.6. the development of draft standards is followed or completed as appropriate by standardization commissions.
S.
VIII.7. the Bureau makes every effort to ensure that key stakeholders are represented in the standardization committees. It is responsible for providing the standardization committees and in the

sectoral operators technical and economic information at its disposal necessary for their work.
S. VIII.8. the standardization committees combine with their technical standardisation work of sectoral standardization operators approved possessing, therefor, in one or several areas the necessary jurisdiction. They may be responsible for ensuring the presidencies and the technical secretariats of their commissions.
S. VIII.9. the Bureau, standardization committees and sectoral operators for Standardization contribute, each for its own jurisdiction, to the execution of standardization programmes referred to in article VIII.5, under the terms laid down by the King.
S. Viii10. § 1. The programmes provided for in article VIII.5, stopped by the Office are financed by technical or financial contribution in proportion to the interests of the parties concerned.
§ 2. The Office is funded by: 1 ° an endowment to the burden of the federal budget charged to appropriations of federal public Service economy, SMEs, Middle Classes and energy;
2 ° the charges imposed by the King, by Decree deliberated in the Council of Ministers, to finance some programmes for Standardization of general interest, levied with the parties represented in the committees for standardization and in proportion to the amount of technical and economic information referred to in article VIII.7, that them is provided by the Office;
3 ° contributions voluntary or contractual.
4 ° the occasional earnings;
5 ° all income derived, directly or indirectly, the activities of the Office.
S. VIII.11. the accounts of the Office is held in accordance with the provisions of Act of 17 July 1975 on business accounting and the orders of execution thereof. The Office tends towards a financial balance.
S. VIII.12. the organs of the Office are the Executive Committee and the Board of Directors.
Together, they establish a rules of procedure which is subject to the approval of the King.
S.
VIII.13. without prejudice to the right to call before the competent judge, the recovery of the amounts due under section viii10, except those referred to in § 2, 1 °, can take place by way of a constraint under the scheme of articles 94 and 95 of the coordinated laws on the State accounting.
S.
VIII.14. the Steering Committee ensures the daily management of the Office and asks the acts necessary or useful for the accomplishment of its tasks. The Executive Committee is composed of a president and a limited number of members, set by the Board of Directors. They are appointed by the King, by deliberate order in Council of Ministers, for a term of six years on proposal by the Minister, after consultation with the Board of Directors. Their mandate is renewable and trains full time. The president and members of the Executive Committee are chosen because of their skills in matters of directions that they are called upon to lead. The King determines by Decree deliberated in the Council of Ministers the contractual conditions and the monetary status to which the president and members of the Executive Committee are submitted.
S. VIII.15. the Steering Committee is subject to the control of the Board of Directors, which is composed equally of representatives from the federal Government, of organisations representing businesses, organisations of workers, non-governmental organizations for the protection of the environment and relevant non-governmental organizations in defence of the interests of consumers. By Decree deliberated in the Council of Ministers, the King establishes the number of members and the composition of the Board of Directors, appoint the Chairman and members, and determines the amount of compensation that can be allocated to them by the Office. The proposals for appointment of representatives not belonging to the public sector are based on lists submitted by the organizations concerned.
S. VIII.16. the governing body is to: 1 ° to approve the general outline of standardization programmes referred to in article VIII.5.
2 ° to create and dissolve the standardization committees;
3 ° approve standardization sector operators and withdraw them their approval;
4 ° to adopt the draft standards;
5 ° where appropriate, to submit to the approval of the King established in pursuance of article VIII.9 standards;
6 ° to assess the way in which the Executive Committee and standardization committees perform their tasks and formulate advice and recommendations thereon to the Minister and the Executive Committee;
7 ° to approve the annual report referred to in article VIII.17.
S. VIII.17. each year, the Office prepares a report on its activities for the previous year in the first quarter. This report is addressed to the Minister and the legislative chambers.
S. VIII.18. the Bureau may, for all its needs in staff necessary for the performance of its tasks, engage staff under a contract of employment.
CHAPTER 3. -The Higher Council for Standardization articles VIII.19. There is hereby established within the federal public Service economy, SMEs, Middle Classes and energy a higher Council for Standardization hereinafter referred to as "the Supreme Council.
S. VIII.20. the Higher Council mission is to deliver, either initiative or at the request of the Minister, opinions about all matters relating to the policy and the development of national and international standardization. Within this framework, the Board of Governors has for mission to issue ex officio an opinion on the annual report of the Office referred to in article VIII.17. Notices are public.
S. VIII.21. in addition to a Chairman, the Board of Governors is composed of: 1 ° four members and four alternate members belonging to the scientific world.
2 ° six members and six alternate members representing the organisations representing enterprises, including two members and two alternate members, representing small and medium-sized enterprises;
3 ° two members and two alternate members representing the relevant organizations in defence of the interests of consumers;
4 ° two members and two alternate members belonging to the representative organizations of workers;
(5) two members and two alternate members representing organisations of societal interests.
S. VIII.22. the King appoints and dismisses the president of the Board of Governors.
S. VIII.23. the Minister selects and appoints, on the proposal of the bodies concerned, the full members and alternate members on the same terms.
S.
VIII.24. the mandate of the president and the members lasts for 6 years and is renewable. If the mandate of a member is terminated before term, his Deputy completes the mandate. It is then conducted to the appointment of a new Deputy to the end of the first term.
S. VIII.25. the High Council may invite to its meetings any person whose opinion can be useful.
S. VIII.26. the secretariat of the Higher Council is provided by the federal public Service economy, SMEs, Middle Classes and energy.
S. VIII.27. the Higher Council is developing its rules of procedure. It is subject to the approval of the Minister.
S. VIII.28. the Higher Council reports its activities over the past year. This report is made public and forwarded to the Minister.
S.
VIII.29. the appropriations needed to ensure the functioning of the Board of Governors are listed, each year, to the budget of the FPS economy, SMEs, Middle Classes and energy. The King determines the amount of compensation that can be allocated to the members of the Board of Governors. The amount of compensation for course and living expenses.
Title 2. -Accreditation of bodies of s. conformity assessment VIII.30. § 1. The King may, by Decree deliberated in the Council of Ministers, take all necessary measures to establish a system of accreditation.
It will create including, for this purpose, a national single accrediting body and a national Board of accreditation.
§ 2. The national accreditation body is responsible for the management of the procedure for accreditation, including the issuance and withdrawal of accreditation.

§ 3. The national accreditation board for mission: 1 ° to ensure the application of consistent and transparent principles and procedures for accreditation;
2 ° to assess the annual activity report of the national accreditation body and to issue a notice to the Minister;
3 ° to ensure the collection, circulation and publication of information relating to the activities in this field;
4 ° to ensure that all interested parties be involved in accreditation activities;
5 ° give advice on all aspects relating to accreditation.
The national Board of accreditation will be composed of representatives of the federal authority and regional and community authorities, the Bureau de Normalisation of enterprises, organizations of workers and consumers and accredited conformity assessment bodies.
The King determines, by Decree deliberated in the Council of Ministers, the composition of the national Council of accreditation.
§ 4. After consultation with the national Board of Accreditation, by deliberate order in Council of Ministers, the King sets the criteria for accreditation of conformity assessment bodies.
§ 5. Evaluation reports and certificates

compliance which have been issued by bodies accredited under this title are recognized by the Belgian State.
S. VIII.31. the King shall exercise the powers entrusted to him by the provisions of this title upon proposal by the Minister.
S. VIII.32. § 1. Management and the promotion of the national accreditation system costs are responsibility of FPS economy, SMEs, Middle Classes and energy.
§ 2. A fund to cover the costs of accreditation and certification is created.
Without prejudice to other legal provisions, the King may impose, for the benefit of the Fund rewards to cover the costs of evaluation, accreditation, certification, monitoring and control.

§ 3. The King set the mode of calculation and of payment of fees and expenses.
Title 3. -Units, standards and measuring Chapter 1. -Units legal Section 1st. -General art. VIII.33. the legal system of units of measurement includes the units of the international system as well as other units of measures which, without making part of this system, are used in the usual manner.
Section 2. -Units of measurement of the international system s. VIII.34. the international system of units (SI) includes: 1 ° the base units;
2 ° the units derived;
3 ° multiples and submultiples of the base units.
S. VIII.35. § 1. The base referred to in article VIII.34 units, 1 °, quantities to which they relate and the symbols by which they are designated are: size Grootheidunite base GrondeenheidSymbole Symbool length - Lengtemetre - meterm mass - Massakilogramme - kilogramkg time - Tijdseconde - seconds power - Elektrische Stroomampere - Amperea Temperature - Temperatuurkelvin - kelvinK light - Lichtsterktecandela - candelacd quantity of material - Hoeveelheid stofmole - molmol per metre is the length of the path travelled in a vacuum by light during 1/299 792 458 of second;
The kilogram is the mass of the prototype in platinum-iridium sanctioned as a unit of mass by the third General Conference of weights and measures;
The second is the duration of 9 192 631 770 periods of the radiation corresponding to the transition between the two hyperfine levels of the ground state of the caesium-133 Atom;
The ampere is of a constant electric current which maintained in two straight parallel conductors, length infinite circular section negligible and placed at a distance of one metre from another in a vacuum, produced per metre of length between these conductors a force equal to two dixmillioniemes of force giving a kilogram an acceleration of one meter per second squared.
Kelvin is the thermodynamic temperature equal to the fraction 1/273.16 of the thermodynamic temperature of the triple point of water;
The candela is the luminous intensity, in a given direction, of a source that emits monochromatic radiation of frequency 540 x 1012 hertz and with energy intensity in that direction of 1/683 watt per steradian.
The mole is the amount of a system that contains as many elementary entities as there are atoms in 0.012 kilogram of carbon 12.
§ 2. Derived units are those that are defined in the form of a product of power of base units with a numerical factor equal to unity.
§ 3. Multiples and submultiples of basic units of the international system are those which are formed according to the rules laid down by the General Conference of weights and measures.
Section 3. -Units of measurement that do not belong to the international system s. VIII.36 the King can include in the legal system of units of measurement which, without being part of the international system, are used in the usual manner. It can limit employment cases as he may determine.
Section 4. -Table of the legal units of measurement article VIII.37. the King stops the table which sets, by their name, their definition and their symbols, the legal units, as well as the rules of formation of multiples and submultiples.
Section 5. -Update in accordance of legislation with the international system s. VIII.38. the King may amend the provisions of articles VIII.34 and VIII.35 for consistency with the changes that the General Conference of weights and measures would bring to the international system of units of measurement.
Section 6. -Use of units of measure s. VIII.39. § 1.
The legal units of measurement should be used in the authentic acts, in acts of public authorities, in the acts under private seal as well as the established writings in the exercise of a profession, a profession or a trading.
§ 2. It is prohibited to use other units of measurement as the legal units to express the quantity of goods or the extent of services: 1 ° during business transactions or supplies of goods which are habitually;
2 ° for the determination of remuneration or the price of the services;
3 ° on the invoices, posters, ads and changeable;
4 ° on the goods offered for sale or sold, as well as on the packaging of such goods or the container that contains.
§ 3. The King may extend the provisions of paragraph 2 to the expression of other specifications than those that determine the amount of any property or the extent of a service.
§ 4. The provisions laid down by or taken under paragraphs 1, 2 and 3 do not apply to writings: 1 ° used in dealing with other countries.
2 ° relating to property located outside the Kingdom.
Section 7. -Standards and rules art. VIII.40. the King shall adopt the measures necessary for the establishment, conservation and reproduction of national standards that represent those of legal units which can be materialized.
National standards are compared and, if necessary, adapted to international standards maintained in accordance with the provisions of the Convention to ensure international unification and the development of the metric system, signed in Paris on 20 May 1875, approved by the law of December 29, 1875 and as amended by the Convention signed in Sèvres on October 6, 1921.
S. VIII.41. the King shall adopt the measures necessary for the establishment and publication of the rules which reproduce those of the legal units which are not materialized.
The rules thus laid down shall conform to those adopted by the organs of the convention referred to in article VIII.40.
S. VIII.42. national standards and the application of the rules laid down by the King, in accordance with article VIII.40, are presumed to exactly reproduce the legal units.
CHAPTER 2. -Measuring instruments Section 1st.
-Rules of employment art. VIII.43. § 1. The measurements into the economic circuit, which are designed to determine the quantity of goods or the extent of services, are performed using verified measuring instruments.
§ 2. The measurements for the calculation of the perceptions and refunds are made using verified measuring instruments.
§
3. The King may extend the application of paragraph 1 to other measurements in the economic circuit.
§ 4. The King may impose the use of measuring instruments checked for measurements outside the economic circuit.
S. VIII.44. § 1.
It is forbidden to give for rent, sell, affix or put up for sale, for sale or to give as a premium holding: 1 ° of the measuring instruments unaudited aimed measurements as specified in article VIII.43, § 1;
2 ° of verified measuring instruments which, pursuant to article VIII.51, are exempted from the initial verification when these instruments do not meet the requirements laid down in article VIII.46 or taken under this article.
§ 2. The provisions of paragraph 1 shall not apply to measuring instruments which, in accordance with the requirements given thereon, shall bear a mark indicating that they are not intended for measurements in the economic circuit laid down in paragraph 1.
§ 3. At trade fairs, exhibitions and demonstrations, the presentation of non-verified measuring instruments is permitted provided that a visible sign clearly indicates that these measuring instruments are not in accordance with this title and that they cannot be placed on the market or put into service.
§ 4. The King may prohibit to give for rent, sell, expose or held for sale, for sale or give away as bonuses measuring instruments unaudited, holding with the aim measurements as specified in article 43, §§ 3 and 4.
S. VIII.45. in places where usually the measurements as are specified by article VIII.43, § 1, or under article VIII.43, §§ 3 and 4, the persons making these measurements are equipped with a permanent, on-site and in sufficient numbers, of the measuring instruments verified, likely to make the above measurements.
S. VIII.46. § 1. Measuring instruments aimed at the measurements as specified in article VIII.43, indicate the results of the measurements in legal units.
§ 2. Fixed King the requirements for the other conditions to which measuring instruments referred to in paragraph 1 shall meet, as well as regarding their composition and their metrological properties.
Section 2. -Verification of measuring instruments art. VIII.47. verification of measuring instruments operations include: 1 ° the examination of a model for approval;
2 ° the initial verification;
3 ° the periodic verification.

These operations are attested by the affixing of marks or signs or the issuance of certificates.
The King may define other verification operations.
S.
VIII.48. the model to be approved, shall be established in such a way that the measuring instruments replicating this model, satisfy the requirements imposed for these instruments in accordance with article VIII.46.
If the model is approved, a certificate is issued to the applicant. It is either assigned a sign of type approval, when the relevant instruments are not exempted from the initial verification, either issued of pattern approval mark, when these instruments are exempted from the initial verification.
The person on whose behalf the certificate referred to in the preceding paragraph, is established excluding any other person, is authorized to affix the sign assigned or marks issued on instruments of measurement and exclusively manufactured according to the pattern in which the sign or the mark relates.
S.
VIII.49. the verification consists in the review of the conformity of a device applied to the legal requirements. If so, one or more verification marks are affixed or a certificate is issued.
S. VIII.50. periodic verification is to check if an instrument that has already been the subject of initial verification still complies with the legal requirements.
If so, one or more verification marks are affixed or a certificate is issued.
S.
VIII.51. in the cases and under the conditions that he determines, the King may exempt instruments measuring either the review of a model for approval, either of primitive and periodic checks the periodic verification.
S. VIII.52 the King can submit measuring instruments to a technical inspection in order to verify whether they meet the legal requirements or if they are in good working condition. If so, one or more signs of approval are affixed or a certificate is issued.
S. VIII.53. § 1. The King regulates the approval of model, the initial verification of the periodic verification and technical control. It sets the pattern of marks and certificates.
§ 2. It determines what are the means or the collaboration that the person concerned must provide when audit operations.

§ 3. The King can be determined only under the conditions laid down by it, measuring from the Member States of the European Union instruments can be considered for the purposes of this title as checked, if they satisfy, either to the legal provisions of the Member State in question, or guidelines of the Union European and they are in addition fitted marks or valid evidence imposed by the Member State provided for in the directives.
S. VIII.54. pattern approval, the issuance of trademarks of pattern approval, initial verification and periodic verification may give rise to the charging of a fee. The King determines the amount and mode of perception.
The legal provisions concerning the claims, recoveries, prosecution and privileges as contributions for the benefit of the State shall apply the fees established under this chapter 3. -Provisions Commons article VIII.55. § 1. The King means the service responsible for the execution of the metrological services covered by this title. This service is responsible in addition: 1 ° to provide upon request, providing technical and scientific metrology.
2 ° run, on request, calibrations, which are operations as metrological legislation does not impose and which have as purpose to determine the values of the errors of measuring instruments, based on national standards and the legal units of measurement;
3 ° coordination metrological at Belgian level, to participate in international programs of comparative measures to ensure international recognition of national measurement standards and to represent Belgium with the organs of the convention referred to in article VIII.40 and international organizations of metrology.

§ 2. The King lays down the arrangements for benefits referred to in paragraph 1, 1 °, 2 ° and 3 °. It determines marks, signs and certificates certifying that these benefits were held.
§ 3. The King fixed the amount of the costs of benefits provided under paragraph 1, 1 °, 2 ° and 3 °, and rule their mode of perception.
§
4. The King takes all necessary measures in order to achieve adequate and coordinated the metrological potential employment: 1 ° for verification of measuring instruments based on a system of accreditation of public and private organizations. The King shall determine the conditions which must satisfy these organizations so that they can perform the metrological services covered by this title;
2 ° scientific metrology based on a network, hereinafter referred to as 'the network', public and private laboratories or research institutes that meet, inter alia, the criteria laid down by the bodies of the convention referred to in article VIII.40. The King regulates development and operation of the network and the conditions under which research institutes and laboratories must satisfy to join and remain so.
S. VIII.56. the King may by general provision derogate from the provisions of articles VIII.39, §§ 1 and 2, VIII.43, §§ 1 and 2, and VIII.44, § 1.
The King may also grant derogations specific to the above provisions, so that the provisions taken in application of articles VIII.39, § 3, VIII.43, §§ 3 and 4, and VIII.44, § 4. It can load the services, authorities and public bodies designated to grant exemptions. These derogations may be granted only on application.
The derogations provided for in paragraphs 1 and 2 may include restrictions and be subject to conditions;
they are motivated.
The decisions by which the King delegates to authorities or bodies the power to grant exemptions are also motivated. ».
CHAPTER 3. -Provisions repealing art. 3. the Decree of 2-17 March 1791 abolishing all rights for aid of all master and jurandes and establishment of patent rights is repealed.
S.
4. in the law of 16 June 1970 on units, standards and measuring instruments are repealed: 1 ° the articles 1 and 2;
2 ° article 3, amended by the Royal Decrees of the May 10, 1973, 23 January 1981 and 4 February 1986;
3 ° the articles 4 to 10;
4 ° article 11, amended by the law of July 20, 2006;
5 ° article 12;
6 ° article 13, as amended by the law of July 20, 2006;
7 ° article 14;
8 ° articles 15 and 16, modified by the law of July 20, 2006;
9 ° articles 17 to 23;
10 ° article 30, §§ 1 to 5, paragraph 1, replaced by the law of 21 February 1986 and amended by the law of 9 July 2004 and July 20, 2006;
11 ° article 31, as amended by the law of May 6, 2009.
S. 5. in the Act of 20 July 1990 on accreditation of conformity assessment bodies, are repealed: 1 ° the articles 1 and 2, replaced by the law of December 30, 2009;
2 ° article 5, as amended by the law of December 30, 2009;
3 ° article 6.
S. 6. the Standardization Act of April 3, 2003 is repealed, with the exception of article 19.
CHAPTER 4. -Allocation of competencies art. 7. the laws or existing enforcement orders that make reference to the legislation referred to in articles 3 to 6 are presumed to refer to the equivalent provisions of the Code of economic law, as that inserted by this Act.
S. 8. the King may replace such references in the laws or existing orders to the legislation referred to in articles 3 to 6 by references to the equivalent provisions of the Code of economic law, as inserted by the Act.
S. 9. 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 at the time where the 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. 10. 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, February 28, 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 (1) records of the House of representatives: 53-2543-2012/2013: No. 1: Bill.
Nos. 2 and 3: amendments.
No. 4: report.
No. 5: Text adopted by the Commission.
No. 6: Text adopted in plenary meeting and transmitted to the Senate.
Full report: January 24, 2013.
Document of the Senate: 5-1943-2012/2013: No. 1: project not referred by the Senate.