Law On Various Urgent Provisions

Original Language Title: Loi portant des dispositions diverses urgentes

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belgiquelex.be - Carrefour Bank of Legislation

27 DECEMBER 2012. - Act on various urgent provisions



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - General provision
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Food Chain Security
Art. 2. Article 1er of the Royal Decree of November 10, 2005 establishing the contributions referred to in section 4 of the Act of December 9, 2004 relating to the financing of the Federal Agency for the Safety of the Food Chain, as amended by the Act of December 22, 2008, the following amendments are made:
(a) in the 12th, the words "purchase, import, manipulation, storage of products, for disposal in an expensive or free way to operators or export" are supplemented by the words ", including import of packaging material";
(b) the article is supplemented by the 17th written as follows:
"17° packaging material: all products, manufactured from all types of equipment that can be used to contain, protect, transport, deliver and make available products on the entire producer's journey to the consumer. »
Art. 3. Section 10/1 of the same order, inserted by the Act of 22 December 2008, is replaced by the following:
"Art. 10/1. For operators in the packaging manufacturing sector, the amount of the contribution is determined according to the number of persons occupied, in accordance with Annex 8. »
Art. 4. In the same order, an article 10/2 is inserted as follows:
"Art. 10/2. By derogation from sections 3 to 10/1, the amount of the contribution for the year in which the activity of the establishment unit began corresponds to the amount fixed per unit of establishment for the sector of the main economic activity exercised, in accordance with annexes 1 to 8, points B."
Art. 5. In section 11 of the same order, replaced by the Act of 22 December 2008, and amended by the Acts of 23 December 2009 and 29 March 2012, the following amendments are made:
1° in paragraph 1erParagraph 1er is replaced by the following:
"The annual contribution of the operators is diminished according to the rules in Annexes 1 to 8 depending on whether or not the self-control system is validated in the establishment unit in accordance with the Royal Decree of 14 November 2003 on self-control, mandatory notification and traceability in the food chain. »;
2° in paragraph 1er, paragraph 2, the words "decrease" are replaced by the words "this decrease";
3° in paragraph 1erParagraph 4 is repealed;
4° in paragraph 2, 2°, the words "for this last activity, and from the beginning of it, the validation of a self-control system, within six months if they start a new activity before 1er January 2012, or twelve months if they start a new activity after December 31, 2011 are replaced by the words "and retain for this last activity the validation of a self-control system within twelve months after the start of this activity";
5° in paragraph 2, 3°, the words "and preserved" are inserted between the words "have obtained" and the words "validation";
6° in paragraph 2, 3°, the words "before the end of the year in which they started their activities in the establishment unit, or at the latest within six months of their beginning, if they started their activities in the establishment unit before 1er January 2012, or twelve months of their beginning, if they started their activities in the settlement unit after December 31, 2011" are replaced by the words "within twelve months after the beginning of these activities";
7° in paragraph 4, the words "The intended increases and decreases" are replaced by the words "The intended decrease" and the words "not applicable" are replaced by the words "not applicable";
8° Paragraph 4 is supplemented by a paragraph which reads as follows:
"The contribution of operators referred to in paragraph 1er, 1°, is fixed in accordance with Annexes 5a and 6a and that of the operators referred to in paragraph 1er, 2° and 3°, corresponds to the amounts fixed in annexes 1re at 8, points A), multiplied by a coefficient of 0.5. »;
9° Paragraph 5 is repealed.
Art. 6. Article 12 of the same order, as amended by the Act of 22 December 2008, is supplemented by a paragraph written as follows:
"The contributions are due regardless of the duration of the activity during the year. "
Art. 7. In the same order, the annexes, as amended by the laws of 22 December 2008 and 23 December 2009, are replaced by the annexes attached to this Act.
Art. 8. This chapter comes into force on 1er January 2013.
CHAPTER 3. - Mobility
Section 1re. - Support for diffuse traffic in Belgium
Sub-section 1re. - Definitions
Art. 9. For the purposes of this Act:
- Minister: the Minister who has the Mobility in his duties;
- Administration: Federal Public Service Mobility and Transport;
- Car letter: any document written in accordance with articles 12 and 13 of the Uniform Rules concerning the Contract for the International Carriage of Goods (CIM), Appendix B to the Convention on International Carriage by Rail (COTIF) of 9 May 1980, as amended by the Protocol of Vilnius of 3 June 1999, approved by the Act of 15 February 2007;
- isolated car: conventional car loaded from or going to a service point in Belgium served on a regular basis and being part of other cars (i.e. with a different destination or origin) of the composition of the same train being the subject of a composition or decomposition operation in Belgium;
- railway costs: the costs for the rail traffic of isolated cars, i.e. the charge for the use of railway infrastructure, energy costs, rental costs and/or amortization of traction equipment and cars, as well as the costs of the driver;
- DIUM : (Distancier International Merchandise) document that reproduces various data relating to the rail transport of goods in international traffic useful to the Ferroviary Companies (EF) and customers to complete the car letter CIM/the car letter CUV, and which allows to calculate the distances between the railway stations and/or the railway places of support/delivery;
- railway company: the enterprise referred to in Article 5, 4°, of the Act of 19 December 2006 relating to railway safety;
- railway infrastructure: the railway infrastructure referred to in Article 5, 5°, of the Act of 19 December 2006 on railway safety.
Sub-section 2. - Traffic aid
isolated cars on rail infrastructure
Art. 10. Each isolated car that circulates on the railway infrastructure, based on the data collected in the consignment note as to its origin and destination, opens a right to a subsidy, under the conditions determined by this title, per kilometre travelled in Belgium, on the basis of the distances taken from the DIUM between its origin and its destination.
The beneficiary of the subsidy is the railway company that circulates the isolated car.
The subsidy is dependant - and within the limits of the appropriation for this purpose - of the annual expenditure budget.
Art. 11. The subsidy referred to in Article 2 is calculated by multiplying the number of DIUM kilometres travelled by the isolated car by 0.57 euro.
Subsection 3. - Procedure
Art. 12. The railway company shall file an application file for the subsidy referred to in this Act, with a view to being declared eligible to grant a subsidy.
This record includes any data allowing the identification of the railway company as well as its insulated freight transport activity, including its company number and licence.
Art. 13. The application file is the subject of a decision on eligibility for a subsidy or not, taken by the Minister or his delegate, and communicated by registered mail, no later than one month after the full application is received.
Art. 14. The application file may be filed in person to the administration, which provides the railway company or its agent with an acknowledgement of receipt indicating the date and time of filing.
Art. 15. Insulated cars must be covered by a car letter to be subsided.
The railway company provides access to car letters at first request.
Art. 16. § 1er. The railway company establishes a survey of isolated cars and DIUM kilometres travelled in Belgium for the period that opens a right to subside.
§ 2. The railway company provides the records referred to in § 1er within the month following the period in question.
The railway company that transmits the records to the administration after this period loses the benefit of the subsidy.
Art. 17. Within two months after the end of the period for which subsidies are sought, the administration approves or rejects the statements referred to in section 16. During this period, the administration exchanges any relevant data with the railway company. Payment of the amount of the subsidy is made no later than 3 months after approval. Dismissal of records results in loss of subsidies.
If during the reporting period, the budget is exceeded, the subsidies for the railway company concerned will be reduced to the pro rata.
Art. 18. Subsidies paid per period are limited to 30% of transportation costs.
Art. 19. The railway company shall, at the first request of the administration, provide any evidence to verify the accuracy of the records provided.
Any subsidy that would have been paid in excess or wrongly must be refunded within one month after the administration made the request by registered letter.
Art. 20. The period that opens the right to a short subsidy of 1er January 2013 to 28 February 2013.
Section 2. - Amendment of the Program Law of 22 December 2008 and the Royal Decree of 15 July 2009 on the promotion of the combined rail transport of intermodal transport units for the period 2009-2012 for the continuation of financial support for the combined transport of intermodal transport units
Art. 21. In section 24 of the Program Law of December 22, 2008, the words "and ceases to be in force on December 1, 2008er January 2013" is replaced by the words "and ceases to be in force on February 28, 2013".
Art. 22. In Article 22 of the Royal Decree of 15 July 2009 on the promotion of the combined rail transport of intermodal transport units for the period 2009-2012, the words "to 31 December 2012 included" are replaced by the words "to 28 February 2013".
Art. 23. This chapter comes into force on 1er January 2013.
He ceases to be in force on February 28, 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 27, 2012.
ALBERT
By the King:
Deputy Prime Minister and Minister of the Interior,
Ms. J. MILQUET
Minister of Agriculture,
Mrs. S. LARUELLE
The Secretary of State for Mobility,
Mr. WATHELET
Seal of the state seal:
For the Minister of Justice, absent:
A. DE CROO

Annex 1re Act of 27 December 2012 on various urgent provisions
“Annex 1re to the Royal Decree of November 10, 2005 setting out the contributions referred to in section 4 of the Act of December 9, 2004 relating to the financing of the Federal Agency for the Safety of the Food Chain
Annex 1re
AGROFOURNITURE SECTOR
CHAPTER 1er. - Fertilizer
A)

B) Amount of contribution for the year in which the activity of the establishment unit began: EUR 29.96 per establishment unit.
(C) When the conditions set out in section 11 for a reduction in the contribution are met, the amount of contributions made in Schedule 1reChapter 1, A, multiplied by a coefficient of 0.25.
CHAPTER 2. - Pesticides
A) 100,22 EUR + 64,72 EUR per registered or authorized product
B) Amount of contribution for the year in which the activity of the establishment unit began: EUR 82.47 per establishment unit.
(C) When the conditions set out in section 11 for a reduction in the contribution are met, the amount of contributions made in Schedule 1reChapter 2, A, multiplied by a coefficient of 0.25.
CHAPTER 3. - Animal food
1. Animal feed producers
A)

B) Amount of contribution for the year in which the activity of the establishment unit began: EUR 49.74 per establishment unit.
(C) When the conditions set out in section 11 for a reduction in the contribution are met, the amount of contributions made in Schedule 1re, chapter 3, point 1, A, multiplied by a coefficient 0.25.
2. Premix manufacturers and additive producers
A)

B) Amount of contribution for the year in which the activity of the establishment unit began: EUR 179.76 per establishment unit.
(C) When the conditions set out in section 11 for a reduction in the contribution are met, the amount of contributions made in Schedule 1re, chapter 3, point 2, A, multiplied by a coefficient of 0.25.
CHAPTER 4. - Minerals
A)

B) Amount of contribution for the year in which the activity of the establishment unit began: EUR 12.61 per establishment unit.
(C) When the conditions set out in section 11 for a reduction in the contribution are met, the amount of contributions made in Schedule 1reChapter 4, A, multiplied by a coefficient of 0.25. »
Seen to be annexed to the Act of 27 December 2012 on various urgent provisions.
ALBERT
By the King:
Minister of Agriculture,
Mrs. S. LARUELLE

Annex 2 to the Act of 27 December 2012 on various urgent provisions
"Annex 2 to the Royal Decree of November 10, 2005 setting out the contributions referred to in section 4 of the Act of December 9, 2004 on the financing of the Federal Agency for the Safety of the Food Chain
Annex 2
PRODUCTION PRIMAIRE
A) 198.08 EUR per establishment unit
B) Amount of contribution for the year in which the activity of the establishment unit began: EUR 99.04 per establishment unit.
(C) When the conditions set out in section 11 for a reduction in the contribution are met, the amount of the contributions made in Appendix 2, A is multiplied by a 0.25 coefficient. »
Seen to be annexed to the Act of 27 December 2012 on various urgent provisions.
ALBERT
By the King:
Minister of Agriculture,
Mrs. S. LARUELLE

Annex 3 to the Act of 27 December 2012 on various urgent provisions
"Annex 3 to the Royal Decree of November 10, 2005 setting out the contributions referred to in section 4 of the Act of December 9, 2004 relating to the financing of the Federal Agency for the Safety of the Food Chain
Annex 3
TRANSFORMATION
A)

B) Amount of contribution for the year in which the activity of the establishment unit began: EUR 77.55 per establishment unit.
(C) When the conditions set out in section 11 for a reduction in the contribution are met, the amount of contributions made in Annex 3, A is multiplied by a coefficient of 0.25.
D) The activities mentioned below are, among other things, part of the transformation: meat production and conservation, charcuterie and cans; fish processing and conservation and manufacture of fish-based products; processing and conservation of potatoes, vegetable and fruit juice manufacturing; processing and conservation of fruit and vegetables; processing of raw oils and fats; refinement of vegetable oils and fats;
manufacture of margarine; manufacture of dairy products; manufacture of consumer ice; mills; manufacture of starch and starch-based products; industrial production of fresh bread and pastries; manufacture of biscotts and biscuits for delivery to other operators; sugar production; chocolate and sugar making; manufacture of pasta; making coffee and tea; making spices, aromatic herbs and sauces; manufacture of food preparations and homogenized diet, manufacture of distilled alcoholic beverages; production of ethyl alcohol by fermentation; wine making; manufacture of cider and other fruit wines, manufacture of undistilled fermented beverages, brewery, maltry, production of mineral water and fresh drinks. »
Seen to be annexed to the Act of 27 December 2012 on various urgent provisions.
ALBERT
By the King:
Minister of Agriculture,
Mrs. S. LARUELLE

Annex 4 to the Act of 27 December 2012 on various urgent provisions
"Annex 4 to the Royal Decree of November 10, 2005 setting out the contributions referred to in section 4 of the Act of December 9, 2004 on the financing of the Federal Agency for the Safety of the Food Chain
Annex 4
TRADE OF GROS
A)

B) Amount of contribution for the year in which the activity of the establishment unit began: EUR 97.92 per establishment unit.
(C) When the conditions set out in section 11 for a reduction in the contribution are met, the amount of contributions made in Annex 4, A, is multiplied by a coefficient of 0.25.
D) The activities mentioned below include, among other things, the wholesale trade in cereals, seeds, fertilizers, pesticides, animal feeds, the wholesale trade in flowers and plants; the wholesale trade of living animals, the wholesale trade of other animal products, the wholesale trade of vegetables and fruits, the wholesale trade of meats and meat preparations; wholesale trade in dairy products, eggs and food oils; wholesale beverage trade; wholesale trade in sugar, chocolate, confectionery; wholesale coffee, tea, cocoa, spices; wholesale trade in other food and luxury goods; refrigerated storage, other storage; import of packaging material. »
Seen to be annexed to the Act of 27 December 2012 on various urgent provisions.
ALBERT
By the King:
Minister of Agriculture,
Mrs. S. LARUELLE

Annex 5 to the Act of 27 December 2012 on various urgent provisions
"Annex 5 to the Royal Decree of November 10, 2005 setting out the contributions referred to in section 4 of the Act of December 9, 2004 relating to the financing of the Federal Agency for the Safety of the Food Chain
Annex 5
DETAIL TRADE
The activities mentioned below are, among other things, part of the retail trade: non-specialized retail trade in stores, mainly foodstuffs; retail trade in fruit and vegetables; retail trade in meat and meat preparations, retail trade in fish, retail trade in bread, pastry and sweets; retail of beverages; other retail food stores in specialized stores; making fresh bread and pastries for sale on site to the end consumer; market and adventure.
Annex 5.a.
A) Retail: if no activity is subject to authorization or approval: EUR 40.00 per establishment unit.
B) Amount of contribution for the year in which the activity of the establishment unit began: EUR 40.00 per establishment unit.
Annex 5.b.
Retail: if activity subject to authorization or approval:
A)

B) Amount of contribution for the year in which the activity of the establishment unit began: EUR 109.35 per establishment unit.
(C) Where the conditions set out in section 11 for a reduction in the contribution are met, the amount of contributions made in Annex 5 (b) A multiplied by a 0.25 coefficient. »
Seen to be annexed to the Act of 27 December 2012 on various urgent provisions.
ALBERT
By the King:
Minister of Agriculture,
Mrs. S. LARUELLE

Annex 6 to the Act of 27 December 2012 on various urgent provisions
"Annex 6 to the Royal Decree of November 10, 2005 setting out the contributions referred to in section 4 of the Act of December 9, 2004 on the financing of the Federal Agency for the Safety of the Food Chain
Annex 6
HORECA
The following activities are part of the horeca: cafés, hotels with restaurants, refrigerators, consumption rooms, community kitchens, caterers where food is prepared for direct consumption by consumers and associations and similar establishments.
Annex 6.a.
A) Horeca: if no activity subject to authorization or approval: EUR 40.00 per establishment unit.
B) Amount of contribution for the year in which the activity of the establishment unit began: EUR 40.00 per establishment unit.
Annex 6.b.
Horeca: if an activity is subject to authorization or approval:
A)

B) Amount of contribution for the year in which the activity of the establishment unit began: EUR 71.12 per establishment unit.
(C) When the conditions set out in section 11 for a reduction in the contribution are met, the amount of contributions made in Annex 6b, A, is multiplied by a 0.25 coefficient. »
Seen to be annexed to the Act of 27 December 2012 on various urgent provisions.
ALBERT
By the King:
Minister of Agriculture,
Mrs. S. LARUELLE

Annex 7 to the Act of 27 December 2012 on various urgent provisions
"Annex 7 to the Royal Decree of November 10, 2005 setting out the contributions referred to in section 4 of the Act of December 9, 2004 on the financing of the Federal Agency for the Safety of the Food Chain
Annex 7
TRANSPORT
A)

B) Amount of contribution for the year in which the activity of the establishment unit began: EUR 34,34 per establishment unit.
(C) When the conditions set out in section 11 for a reduction in the contribution are met, the amount of the contributions made in Schedule 7, A is multiplied by a coefficient 0.25
D) The activities mentioned below are, among other things, part of the transport of goods on behalf of third parties. »
Seen to be annexed to the Act of 27 December 2012 on various urgent provisions.
ALBERT
By the King:
Minister of Agriculture,
Mrs. S. LARUELLE

Annex 8 to the Act of 27 December 2012 on various urgent provisions
"Annex 8 to the Royal Decree of November 10, 2005 setting out the contributions referred to in section 4 of the Act of December 9, 2004 on the financing of the Federal Agency for the Safety of the Food Chain
Annex 8
MATERIAL FABRICATION
A)

B) Amount of contribution for the year in which the activity of the establishment unit began: EUR 77.55 per establishment unit.
(C) When the conditions set out in section 11 for a reduction in the contribution are met, the amount of contributions made in Schedule 8, A, multiplied by a coefficient of 0.50 in 2013 and 0.25 as from 2014. »
Seen to be annexed to the Act of 27 December 2012 on various urgent provisions.
ALBERT
By the King:
Minister of Agriculture,
Mrs. S. LARUELLE