Act Miscellaneous Provisions, Especially On Justice (1)

Original Language Title: Loi portant des dispositions diverses, spécialement en matière de justice (1)

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2012009532&caller=list&article_lang=F&row_id=1300&numero=1398&pub_date=2012-12-31&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2012-12-31 Numac: 2012009532 SERVICE PUBLIC FÉDÉRAL JUSTICE 31 December 2012. -Law concerning various provisions, especially Justice (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. -Amendments to the Act of 15 December 1980 on access to the territory, residence, establishment and removal of aliens arts 2. in article 39/81 of the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners, as last amended by the Act of March 15, 2012, paragraphs 3, 4 and 5 are replaced by the following: ' by way of derogation from paragraph 1 and whether article 39/73 does not apply, the registry sends in a timely manner. where applicable a copy of the note of observation to the requesting party and shall inform at the same time it deposit at the registry of the administrative record.
The applicant has, as from the notification referred to in paragraph 3, eight days to notify the registry when wishes or not submit a memory of synthesis. If the applicant has not submitted notification within that period, the Council decide without delay after hearing the parties who made the request, while noting the absence of the requisite interest.
If the requesting party has introduced within the time a notification that it wishes to submit a memory of synthesis, it has, of the notification referred to in paragraph (3), 15 days to achieve a memory of synthesis which sums up all pleas.
If the applicant has not introduced memory synthesis, as referred to in paragraph 5, the Council shall without delay after hearing the parties who made the request, while noting the absence of the requisite interest.
If the applicant has introduced a memory of synthesis, as referred to in paragraph (5), within the prescribed period, the Council shall act on the basis of the memory of synthesis except with regard to the admissibility of the appeal and means and without prejudice to article 39/60.
If the applicant has introduced a memory of synthesis in the time limit or notified to the registry that it fails to submit a memory of synthesis, the proceedings are continued in accordance with paragraph 1.
».
S. 3. article 2 shall enter into force on January 1, 2013 and is applicable to the use for which the registry has not yet notified to the requesting party convening order at the hearing.
CHAPTER 3. -Changes of the Code of Belgian nationality art.
4. A section 23/1, § 1, of the Code of Belgian nationality, inserted by the law of 4 December 2012, the following changes are made: has) in the text Dutch 1 °, '124 tot 34' shall be replaced by the words "124 tot 134";
(b) in the 3rd, 'article 12bis, 3 °' shall be replaced by the words "article 12 bis, § 1, 3 ° '.
CHAPTER 4. -Amendments of Act of 30 June 1994 on copyright and neighboring rights, in relation to the remuneration for private copying and reprography s.
5. in section 22, § 1, of the Act of 30 June 1994 on copyright and neighbouring rights, as last amended by the law of December 30, 2009, the following changes are made: has) 4 is replaced by the following: '4 °. the fragmentary reproduction or integral of articles, works of plastic art or graphic or that of short fragments of other works, with the exception of partitions, where such reproduction is made on paper or on a similar support, by means of any photographic technique or any other method produces a similar result for strictly private purposes and is not prejudice the normal exploitation of the work; »;
(b) the 4 ° bis is replaced by the following: '4 ° bis. the fragmentary reproduction or integral of blogs, of works of graphic or plastic art or short fragments of other works where such reproduction is made on paper or a similar medium, by means of any photographic technique or any other method produces a similar result, for purposes of illustration for teaching or scientific research, to the extent justified by the non profit purpose and which does not prejudice the normal exploitation of the work , provided at least that this is impossible, that the source, including the author's name, is indicated;
»;
(c) the 5 ° is replaced by the following: '5 °. reproduction on any medium other than on paper or similar media, works, carried out in the family circle and reserved for this purpose; ».
S. 6 section 46 of the Act, as amended by the Act of May 22, 2005, the 4th is replaced by the following: '4 °. reproduction on any medium other than on paper or similar support, benefits, in the family circle and reserved for this purpose; ».
S.
7. article 55 of the Act is replaced by the following: «art.» 55. the authors, artists- performers, publishers of literary works and works photographic and audiovisual producers of Phonograms and works shall be entitled to remuneration for the private reproduction of their works and performances, including in the cases referred to in articles 22, § 1, 5 ° and 13 ° 46, 4 ° and 12 °.
The remuneration is paid by the manufacturer, importer or intracommunity purchaser of materials clearly used for the private reproduction of works and performances on any medium other than on paper or similar medium, or devices clearly used for this reproduction when the movement of these materials and these devices on the national territory.
Under the terms provided for in article 56, the King determines what devices and materials are obviously used for the private reproduction of works and services on any other than on paper or similar support.
Without prejudice to international conventions, the remuneration is distributed in accordance with article 58, by the societies of rights between authors, performers performers, photographic works and literary publishers and producers.
According to the terms and conditions to be fixed, the King loads a representative Company of all the companies of rights management to ensure the collection and distribution of remuneration.
When an author or a performer or performer has transferred his right to remuneration for private copying, it retains the right to obtain equitable remuneration in respect of private copying.
This right to obtain an equitable remuneration may be subject to waiver on the part of the authors or performers or performers.
The right to remuneration referred to in paragraph 1 cannot benefit from the presumptions referred to in articles 18 and 36. ».
S. 8. article 56 of the Act, as amended by the law of December 10, 2009, is replaced by the following: «art.» 56. the King determines, by categories of media and technically similar devices which he defines, if these are obviously used for the private reproduction of works and performances on any medium other than on paper or similar media and lays down the procedures for the collection, distribution and control of the remuneration and the time it is due.
The King may determine, on a specific list, categories of media and technically similar devices which are not obviously used for the private reproduction of works and services on any other than on paper or similar support and which are not subject to the remuneration for private copying.
Computers or categories of computers such as the King them defined cannot be subject to the remuneration or entered on the special list referred to in paragraph 2 by a royal decree deliberated in the Council of Ministers.
At the same time as it determines the status of devices and supports the King fixed by royal decree deliberated in the Council of Ministers the remuneration referred to in article 55.
This remuneration is established by category of devices and technically similar supporters.
A device which is clearly used for the private reproduction of works and services on any other than on paper or similar support and incorporates way permanent support, is not subject to one compensation.
Particular account shall be taken in fixing this compensation application of technological measures referred to in article 79(a) to works or relevant benefits.
The amount of this remuneration may be revised every three years.
If the conditions which justified the fixing of the amount has been clearly and permanently changed, this amount may be revised before the expiry of the period of three years.
The King, if he revises the amount endeans the period of three years, justifies its decision by the modification of the initial conditions.
The lack of use of technical measures cannot prejudice the right to compensation as defined in article 55. ».
S. 9. in article 57, paragraph 2, of the Act, as amended by the law of 22 May 2005, the following words "after notice of the commission with interested circles" are repealed.
S. 10. in article 58 of the Act, the § 1 is replaced by the following: "§ 1.»
With regard to the remuneration referred to in article 55, the King may determine the key between the following categories of works: 1) literary works;
(2) photographic works;
(3) sound works;

(4) the audiovisual works.
The part of the remuneration referred to in article 55, relating to sound works and audiovisual works, is distributed by third party between authors, artists-performers and producers.
The part of the remuneration referred to in article 55, relating to literary and photographic works, is split equally between authors and publishers. ».
S. 11. the title of chapter V of the Act, as amended by the law of 31 August 1998, is replaced by the following: «Chapter v - of the reproduction on paper or a similar medium of works for private purposes or for the purposes of illustration for teaching or scientific research» art. 12. article 59 of the Act, as amended by the law of 31 August 1998, is replaced by the following: «art.» 59. the authors and publishers are entitled to remuneration for the reproduction on paper or a similar medium of their works, including under the conditions laid down in articles 22, § 1, 4 ° and 4 ° bis, and 22A, § 1, 1 ° and 2 °.
The remuneration is paid by the manufacturer, importer or intracommunity purchaser of equipment clearly used for purposes of reproduction on paper or a similar medium of works, during the implementation of these devices on the national territory.
Under the terms provided for in article 61, the King determines which devices are obviously used for reproduction on paper or on a similar media works.
The King can establish a list of devices that are not obviously used for reproduction on paper or on a similar media works and which are not subject to the remuneration for reprography. ».
S. 13. article 61 of the Act, as amended by the law of 3 April 1995, is replaced by the following: «art.» 61. the King fixed the remuneration referred to in articles 59 and 60 by Decree deliberated in the Council of Ministers.
The remuneration referred to in article 60 may be adjusted depending on the sectors concerned.
The King determines, by categories of technically similar devices which he defines, if these are obviously used for reproduction on paper or similar media works.
The King may determine, on a specific list, categories of technically similar devices which are not obviously used for reproduction on paper or similar media works and which are not subject to the remuneration for reprography.
It lays down the procedures for the collection, distribution and control of such remuneration as well as the time they are due.
Without prejudice to international conventions, the remuneration referred to in articles 59 and 60 are allocated equally to authors and publishers.
According to the terms and conditions to be fixed, the King loads a representative Company of all the companies of rights management to ensure the collection and distribution of remuneration.
The amount of this remuneration may be revised every three years.
If the conditions which justified the fixing of the amount has been clearly and permanently changed, this amount may be revised before the expiry of the period of three years.
The King, if he revises the amount endeans the period of three years, justifies its decision by the modification of the initial conditions.
».
S. 14. are hereby repealed: a) articles 4B), 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 harmonisation of certain aspects of the law of copyright and related rights in the information society;
(b) article 6 of the law of 10 December 2009 amending, with regard to the status and control of rights management societies, Act of 30 June 1994 on copyright and neighbouring rights.
S.
15. the King fixed a date of entry into force for each of sections 5 to 13.
CHAPTER 5. -Amendments to the law of July 10, 2006 on the procedure by electronic arts.
16 section 39 of the Act of 10 July 2006 concerning the procedure by electronic means, replaced by the law of July 24, 2008 various (I) provisions and amended by the law of December 29, 2010 provisions various (I) is replaced by the following: «art.» 39. articles 11, 14, and 16 to 25, come into force on January 1, 2013.
Sections 2 to 10, 12, 13, 15 and 26 to 38 come into force January 1, 2015.
The King may set a date of entry into force earlier than that referred to in paragraph 2 for each of these provisions. ».
S. 17. This chapter enter into force January 1, 2013.
CHAPTER 6. -Amendment of the Act of July 31, 2009 containing various provisions concerning criminal central s. 18. in article 10 of the Act of July 31, 2009, containing various provisions concerning the central criminal records "until December 31, 2012" shall be replaced by the words "until a date fixed by the King, which may not be later than 31 December 2014".
S. 19. This chapter comes into force on December 31, 2012.
CHAPTER 7. -Direction of the buildings the granting of the guarantee of the State in the form of a bond, in the context of a contract DBFM article 20. it is expected a guarantee of the State in the form of a bond to ensure compliance by the Régie of buildings in all its payment obligations under the procurement «DBFM design, construction, financing and maintenance of a new prison complex in Haren» (bulletin of January 31, 2012, nr 501932 auctions).
The King determines the specific conditions under which the State guarantee may be given by one or more contracts and terms which are defined in these contracts.
S. 21. the guarantee of the State released its effects no earlier than January 1, 2013.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Châteauneuf-de-Grasse, given December 31, 2012.
ALBERT by the King: for the Minister of Justice, absent: the Deputy Prime Minister and Minister of Pensions, A. DE CROO sealed with the seal of the State: to the Minister of Justice, absent: the Deputy Prime Minister and Minister of Pensions, A. DE CROO _ Note (1) Session 2012 - 2013.
House of representatives: Documents. -Text adopted in plenary meeting and transmitted to the Senate (art. 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 (article 77 of the Constitution), 53-2572/004. -Text adopted by the commission (article 78 of the Constitution), 53-2572/005. -Text adopted in plenary meeting and transmitted to the Senate (art. 77 of the Constitution), 53-2572/006.
Compte rendu intégral. -19 and December 20, 2012.
Senate: Documents. -Project mentioned 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.
Annals of the Senate. -21 December 2012.