belgiquelex.be - Carrefour Bank of Legislation

31 DECEMBER 2012. - Act respecting various provisions, especially in matters of justice (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Amendments to the Access Act of 15 December 1980
residence, establishment and removal of aliens
Art. 2. In section 39/81 of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens, last amended by the Act of 15 March 2012, paragraphs 3, 4 and 5, are replaced by the following:
"By derogation from paragraph 1^er and if section 39/73 does not apply, the Registry shall, in due course, send a copy of the observation note to the requesting Party and at the same time inform the requesting Party of the filing to the Registry of the administrative record.
The requesting Party shall, from the notification referred to in paragraph 3, have eight days to notify the Registry of the wish or wish to submit a summary record. If the requesting party has not filed a notification within that period, the Commission shall rule without delay after hearing the parties that have made the request, while noting the interest required.
If the requesting party has filed within the time limit a notification that it wishes to submit a summary record, it shall, from the notification referred to in paragraph 3, have fifteen days to send a summary record summarizing all the means invoked.
If the requesting party has not filed a summary record, as referred to in paragraph 5, the Commission shall rule without delay after hearing the parties that have made the request, while noting the interest required.
If the requesting party has filed a consolidated memorandum, as referred to in paragraph 5, within the time limit, the Commission shall rule on the basis of the summary record except in respect of the admissibility of the appeal and the means and without prejudice to section 39/60.
If the requesting party has entered a summary record within the time limit or notified the Registry that it does not submit a summary record, the procedure is continued in accordance with paragraph 1^er. "
Art. 3. Section 2 comes into force on 1^er January 2013 and is applicable to remedies for which the Registry has not yet notified the requesting party of the order to be summoned at the hearing.
CHAPTER 3. - Amendments to the Belgian Nationality Code
Art. 4. Article 23/1, § 1^er, of the Belgian Nationality Code, inserted by the law of 4 December 2012, the following amendments are made:
(a) in the Dutch text of 1°, the words "124 tot 34" are replaced by the words "124 tot 134";
(b) in the 3rd, the words "Article 12bis, 3°" are replaced by the words "Article 12bis, § 1^er3°".
CHAPTER 4. - Amendments to the Act of 30 June 1994 relating to copyright and neighbouring rights, in respect of remuneration for private copy and reprography
Art. 5. Article 22, § 1^er, the Act of 30 June 1994 on copyright and neighbouring rights, last amended by the Act of 30 December 2009, the following amendments are made:
(a) the 4th is replaced by the following:
"4°. the fragmentary or integral reproduction of articles, works of plastic or graphic art or that of short fragments of other works, with the exception of partitions, when this reproduction is carried out on paper or on a similar medium, by means of any photographic technique or any other method producing a similar result, for a strictly private purpose and does not prejudice the normal exploitation of the work; »;
(b) 4° bis is replaced by the following:
"4° bis. the fragmentary or integral reproduction of articles, works of plastic or graphic art or that of short fragments of other works when this reproduction is carried out on paper or on a similar medium, by means of any photographic technique or of any other method producing a similar result, for the purposes of illustration of the teaching or scientific research, to the extent justified by the non-profit pursued and which does not affect the normal exploitation of »;
(c) the 5th is replaced by the following:
"5°. reproduction on any material other than on paper or similar medium, of works, carried out in the family circle and reserved for it; "
Art. 6. Section 46 of the Act, as amended by the Act of 22 May 2005, is replaced by the following:
"4°. reproduction on any other than paper or similar support, of benefits, carried out in the family circle and reserved for it; "
Art. 7. Section 55 of the Act is replaced by the following:
"Art. 55. Authors, performers or performers, publishers of literary works and photographic works and producers of phonograms and audiovisual works are entitled to remuneration for the private reproduction of their works and services, including in the cases referred to in articles 22, § 1^er, 5° and 13° and 46, 4° and 12°.
Compensation shall be paid by the manufacturer, importer or intra-community purchaser of manifestly used materials for the private reproduction of works and services on any medium other than on paper or similar support, or apparatus manifestly used for such reproduction during the circulation of these materials and devices in the national territory.
According to the terms provided for in Article 56, the King determines which devices and supports are clearly used for the private reproduction of works and services on any medium other than paper or similar support.
Without prejudice to international conventions, remuneration is distributed in accordance with Article 58, by rights management companies, between authors, performers or performers, publishers of literary works and photographic works and producers.
According to the conditions and the terms and conditions that He sets, the King directs a representative company of all rights management companies to ensure the collection and distribution of remuneration.
When an author or performer or performer has granted his right to pay for private copying, he or she retains the right to obtain fair remuneration for private copying.
This right to obtain fair remuneration cannot be waived by the authors or performers or performers.
The right to remuneration referred to in paragraph 1^er the presumption referred to in articles 18 and 36. "
Art. 8. Section 56 of the Act, as amended by the Act of 10 December 2009, is replaced by the following:
"Art. 56. The King determines, by categories of materials and technically similar devices that He defines, whether they are clearly used for the private reproduction of works and services on any medium other than paper or similar medium and sets out the modalities for the collection, distribution and control of remuneration and the time when it is due.
The King may determine, on a specific list, the categories of technically similar supports and devices that are not clearly used for the private reproduction of works and services on any medium other than paper or similar support and that are not subject to remuneration for private copying.
Computers or categories of computers such as the King has defined them may only be subject to remuneration or registered on the specific list referred to in paragraph 2 by a Royal Decree deliberated in the Council of Ministers.
At the same time as He determines the status of the devices and supports the King sets by royal decree deliberated in the Council of Ministers the remuneration referred to in Article 55.
This remuneration is established by category of equipment and technically similar supports.
A device that is clearly used for the private reproduction of works and benefits on any other than paper or similar medium and that permanently incorporates a support, is subject to only one remuneration.
In particular, it shall be taken into account when setting such remuneration for the application or not of the technical measures referred to in Article 79bis to the works or benefits concerned.
The amount of such remuneration may be revised every three years.
If the conditions that justified the setting of the amount have been clearly and sustainably changed, this amount may be revised before the expiry of the three-year period.
The King, if he revises the amount endeaned for the three-year period, motivates his decision by changing the initial conditions.
The lack of use of technical measures may not prejudice the right to remuneration as defined in section 55. "
Art. 9. In section 57, paragraph 2, of the Act, amended by the Act of 22 May 2005, the following words "after notice of the commission of interested media" are repealed.
Art. 10. In Article 58 of the Act, § 1^er is replaced by the following:
« § 1^er. With respect to compensation referred to in section 55, the King may determine the distribution key between the following categories of work:
(1) literary works;
(2) photographic works;
(3) sound works;
4) audiovisual works.
The portion of the remuneration referred to in section 55, relating to audio and audiovisual works, shall be divided by third parties between authors, performers or performers and producers.
The portion of the remuneration referred to in Article 55, relating to literary works and photographic works, is equally distributed among authors and publishers. "
Art. 11. The title of Chapter V of the Act, as amended by the Act of 31 August 1998, is replaced by the following:
« CHAPTER V. - Reproduction on paper or on a similar medium of works for a private purpose or for purposes of illustration of teaching or scientific research »
Art. 12. Section 59 of the Act, as amended by the Act of 31 August 1998, is replaced by the following:
"Art. 59. Authors and publishers are entitled to remuneration for reproduction on paper or on a similar basis of their works, including under the conditions provided for in articles 22, § 1^er4° and 4° bis and 22bis, § 1^er1° and 2°.
Compensation shall be paid by the manufacturer, importer or intra-community purchaser of devices which are manifestly used for reproduction on paper or on a similar basis of works, when these devices are placed in circulation on national territory.
According to the terms provided for in Article 61, the King determines which devices are clearly used for reproduction on paper or on a similar medium of works.
The King may establish a list of devices that are not clearly used for reproduction on paper or on a similar basis of works and are not subject to remuneration for reprography. "
Art. 13. Section 61 of the Act, as amended by the Act of 3 April 1995, is replaced by the following:
"Art. 61. The King shall fix the remuneration referred to in articles 59 and 60 by order deliberately in the Council of Ministers.
The remuneration referred to in section 60 may be adjusted to the sectors concerned.
The King determines, by categories of technically similar apparatus that He defines, whether they are clearly used for the reproduction on paper or similar support of works.
The King may determine, on a specific list, the categories of technically similar apparatus that are not manifestly used for the reproduction on paper or similar support of works and that are not subject to the remuneration for reprography.
It sets out the modalities for the collection, distribution and control of such remuneration and the timing of such remuneration.
Without prejudice to international conventions, the remuneration referred to in articles 59 and 60 shall be equally attributed to the authors and publishers.
According to the conditions and the terms and conditions that He sets, the King directs a representative company of all rights management companies to ensure the collection and distribution of remuneration.
The amount of such remuneration may be revised every three years.
If the conditions that justified the setting of the amount have been clearly and sustainably changed, this amount may be revised before the expiry of the three-year period.
The King, if he revises the amount endeaned for the three-year period, motivates his decision by changing the initial conditions. "
Art. 14. Are repealed:
(a) Articles 4 (b), and (f), 11 (d), 14, 15, 17 to 20 of the Act of 22 May 2005 transposing into Belgian law the European Directive 2001/29/EC of 22 May 2001 on the harmonization of certain aspects of copyright and neighbouring rights in the information society;
(b) Article 6 of the Act of 10 December 2009 amending, with regard to the status and control of rights management companies, the Copyright and Neighbouring Rights Act of 30 June 1994.
Art. 15. The King sets a date of entry into force for each of sections 5 to 13.
CHAPTER 5. - Amendment of the Act of 10 July 2006
on electronic procedure
Art. 16. Section 39 of the Act of 10 July 2006 on electronic procedure, replaced by the Act of 24 July 2008 on various provisions (I) and amended by the Act of 29 December 2010 on various provisions (I), is replaced by the following:
“Art. 39. Articles 11, 14, and 16 to 25, come into force on 1^er January 2013.
Articles 2 to 10, 12, 13, 15 and 26 to 38 come into force on 1^er January 2015.
The King may set a date in force prior to that referred to in paragraph 2 for each of these provisions. "
Art. 17. This chapter comes into force on 1^er January 2013.
CHAPTER 6. - Amendment of the Act of 31 July 2009
various provisions concerning the Central Judicial Officer
Art. 18. In section 10 of the Act of 31 July 2009 on various provisions concerning the Central Judicial Officer, the words "Up to 31 December 2012" are replaced by the words "Up to a date arrested by the King, which cannot be later than 31 December 2014".
Art. 19. This chapter comes into force on 31 December 2012.
CHAPTER 7. - Regulation of buildings
The award of the State guarantee in the form of a bail, in the context of a DBFM contract
Art. 20. There is a guarantee of the State in the form of a bail in order to guarantee the compliance by the Régie of the buildings with all its obligations to pay under the public market "DBFM Design, construction, financing and maintenance of a new prison complex in Haren" (bulletin of the auctions of 31 January 2012, nr 501932).
The King determines the specific conditions under which the guarantee of the State may be granted by one or more contracts and according to the conditions defined in these contracts.
Art. 21. The state guarantee comes out its effects as soon as 1^er January 2013.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given at Châteauneuf-de-Grasse, December 31, 2012.
ALBERT
By the King:
For the Minister of Justice, absent:
Deputy Prime Minister
and Minister of Pensions,
A. DE CROO
Seal of the state seal:
For the Minister of Justice, absent:
Deputy Prime Minister and Minister of Pensions,
A. DE CROO
____
Note
(1) Session 2012-2013.
House of Representatives:
Documents. - Text adopted in plenary and transmitted to the Senate (Article 78 of the Constitution), 53-2585/001.
See also:
Documents. - Bill, 53-2572/001. - Amendments, 53-2572/002. - Report, 53-2572/003. - Text adopted by the commission (art. 77 of the Constitution), 53-2572/004. - Text adopted by the commission (art. 78 of the Constitution), 53-2572/005. - Text adopted in plenary and transmitted to the Senate (Article 77 of the Constitution), 53-2572/006.
Full report. - 19 and 20 December 2012.
Senate:
Documents. - Project referred to by the Senate, 5-1904 - No. 1. - Amendments, 5-1904 - No. 2. - Report, 5-1904 - No. 3. Decision not to amend, 5-1904 - No. 4.
Annales of the Senate. - 21 December 2012.