Law On Various Urgent Provisions

Original Language Title: Loi portant des dispositions diverses urgentes

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2012018484&caller=list&article_lang=F&row_id=1400&numero=1402&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: 2012018484 agency Federal for the safety of the chain food and SERVICE PUBLIC FEDERAL mobility and transport 27 December 2012. -Law concerning various provisions urgent 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. -Safety of the food chain art.
2. in article 1 of the order royal 10 November 2005 fixing the contributions referred to in article 4 of the Act of 9 December 2004 on the financing of the Federal Agency for the safety of the food chain, amended by the law of December 22, 2008, the following changes are made: has) in 12 °, the words "purchase, import, manipulation. ', storage of goods, to sell in return for payment or free to operators or export ' shall be supplemented by the words ', including the importation of packing material";
(b) is added to article 17 ° as follows: ' 17 ° packing material: all products, made from all types of equipment that can be used to contain, protect, carry, deliver and put at disposal of the products all the way from the producer to the consumer. ''
S.
3. article 10/1 in the same order, inserted by the law of December 22, 2008, is replaced by the following: «art.» 10/1. For the operators of the manufacturing of packaging materials, the amount of the contribution is set according to the number of persons employed, in accordance with Annex 8.
» Art. 4. in the same order, it is inserted an article 10/2 as follows: «art.» 10/2. By way of derogation from articles 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 establishments in the sector of the main economic activity concerned, in accordance with annexes 1 to 8, points (b).
» Art. 5 A article 11 of the same Decree, replaced by the law of December 22, 2008, as amended by laws of December 23, 2009 and March 29, 2012, the following changes are made: 1 ° in the 1st paragraph, 1st paragraph is replaced by the following: «the contribution of operators is reduced according to the rules listed in the annexes 1 to 8 according to the validation or the system of self-regulation in the establishment in accordance with the royal decree unit» 14 November 2003 concerning self-regulation, mandatory reporting and traceability in the food chain. »;
2 ° in the paragraph 1, paragraph 2, the words 'reduction' shall be replaced by the words "this decrease."
3 ° in the 1st paragraph, paragraph 4 is repealed;
4 ° in paragraph 2 (2), the words "for this last activity, and from the beginning, the validation of a self-monitoring system, within six months if they begin a new activity before 1 January 2012, or 12 months if they start a new activity after December 31, 2011" shall be replaced by the words "and retain for the latter activity validation of a system of self-regulation in the twelve months following the start of this activity."
5 ° in paragraph 2, 3 °, the words "and kept" shall be inserted between the words "have got" and the words "validation".
6 ° in the 2, 3 ° paragraph, the words 'before the end of the year during which they started their activities in the unit of establishment, or at the latest within six months of their debut, they have started their activities in the unit of establishment before January 1, 2012, or twelve months of their debut, they have started their activities in the institution after December 31, 2011 unit"are replaced by the words" in the twelve months following the. beginning of these activities. "
7 ° in paragraph 4, the words "The increases and decreases referred" are replaced by the words 'The target reduction' and the words 'do not apply' shall be replaced by the words "does not apply";
8 ° paragraph 4 is supplemented by a paragraph worded as follows: ' (the contribution of the operators referred to in paragraph 1, 1 °, is determined in accordance with annexes 5A and 6A and the operators referred to in paragraph 1, 2 ° and 3 °, corresponding to the amounts set out in the annexes 1 to 8 points A), multiplied by a coefficient of 0.5. ';
9 ° paragraph 5 is repealed.
S. 6. article 12 of the same Decree, as amended by the law of December 22, 2008, is supplemented by a paragraph worded as follows: "contributions are due regardless of the duration during which the activity has been exercised during the year.".
S. 7. in the same order, annexes, amended by law of December 22, 2008 and December 23, 2009, are replaced by the schedules attached to this Act.
S. 8. This chapter enter into force January 1, 2013.
CHAPTER 3. -Mobility Section 1st. -Support to diffuse traffic in Belgium sub-section 1. -Definitions art. 9. for the purposes of this Act, means:-Minister: the Minister who has mobility in his or her attributions;
-administration: the federal public Service mobility and transport;
-consignment note: any document prepared in accordance with articles 12 and 13 of the uniform rules concerning the contract for international carriage of goods (CIM), Appendix B to the Convention concerning international carriage by rail (COTIF) of 9 May 1980, as amended by the Vilnius Protocol of 3 June 1999, approved by the Act of February 15, 2007;
-wagonload: conventional carload from or going to a service in Belgium point served regularly party with other cars (i.e. with a destination or origin) of the composition of a single train subject to a composition or decomposition in Belgium operation;
-rail costs: costs for rail traffic of isolated cars, i.e. the fee for the use of railway infrastructure, energy costs, costs related to rental and/or depreciation equipment traction and cars, as well as the costs of the driver;
-DIUM: (distance International uniform goods) document containing different payload on the rail transport of goods in international traffic the railway undertakings (RUS) and the clients to complete the consignment note CIM / CUV wagon letter, and which allows to calculate the distances between stations or railway places of support / delivery;
-railway undertaking: the undertaking referred to in article 5 (4), Act of 19 December 2006 on the safety of rail operations;
-railway infrastructure: railway infrastructure referred to in article 5 (5), Act of 19 December 2006 on the safety of rail operations.
Sub-section 2. -Assistance to the movement of wagons on railway infrastructure article
10. each individual wagon which circulates on railway infrastructure, based on the information in the consignment note as to its origin and its destination, entitles a subsidy, under the conditions determined by the present title, per kilometre driven in Belgium, based on the distances listed in the DIUM between its origin and destination.
The beneficiary of the subsidy is the railway company circulating the wagonload.
The subsidy is dependent - and within the limits of the appropriation for this purpose - the annual estimates.
S. 11. the subsidy referred to in article 2 is calculated by multiplying the number of kilometres DIUM travelled by car isolated by 0.57 euro.
Sub-section 3. -Procedure art. 12. the railway undertaking shall file an application for the grant under this Act, to be declared eligible for the granting of a subsidy.
This folder contains any data allowing the identification of the railway undertaking so that its activity of transport of goods by wagon isolated, among other business number and its licence.
S. 13 the candidature file subject to a decision of eligibility for the grant or not, taken by the Minister or his delegate, and communicated by registered post no later than one month after the receipt of the complete application.
S. 14. the application can be submitted in person to the administration, which provides to the railway undertaking or its representative an acknowledgement of receipt indicating the date and time of the filing.
S. 15. the isolated cars must be covered by a consignment note to be a subsidy.
The railway company provides access to bills of lading to first query.
S. 16 § 1. The railway undertaking establishes a statement of the individual wagon and the DIUM kilometres travelled in Belgium by the latter for the period which entitles subsidy.
§ 2. The railway company provides targeted surveys to the § 1 in the month following the period y sight.
The rail business sending surveys to the administration after this time loses the benefit of the subsidy.
S.
17. within two months following the end of the period for which subsidies are requested, the authority approves or rejects the surveys referred to in article 16. During this period, the administration Exchange any relevant data with the railway undertaking. The amount of the allowance is paid at the latest within 3 months after the approval. The rejection of statements causes the loss of subsidies.
During the period covered by the survey, the budget is exceeded, the

subsidies could benefit the railway company concerned will be reduced pro rata.
S.
18. the subsidies paid per period are limited to 30% of transport costs.
S. 19. the railway undertaking provides anything to verify the accuracy of the surveys provided at first request of the administration.
Any subsidy that would have been paid in excess or wrongly must be reimbursed within a period of one month after the administration was the request by registered letter.
S.
20. the period which entitles to a short subsidy from January 1, 2013, to February 28, 2013.
Section 2. -Modification of the programme act of 22 December 2008 and the royal decree of 15 July 2009 relating to the promotion of rail combined transport of units of intermodal transport for the period 2009-2012 for the continuation of financial support for rail combined transport of intermodal transport units art. 21. in section 24 of the programme act of 22 December 2008, the words "and ceases to be in force January 1, 2013" shall be replaced by the words "and ceases to be in force on February 28, 2013.
S. 22. in article 22 of the royal decree of 15 July 2009 relating to the promotion of rail combined transport of intermodal transport for the 2009-2012 period units, the words 'until 31 December 2012 included"are replaced by the words" until February 28, 2013".
S. 23. This chapter enter into force January 1, 2013.
It ceases to be in force on February 28, 2013.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given at Chateauneuf-de-Grasse, December 27, 2012.
ALBERT by the King: the Deputy Prime Minister and Minister of the Interior, Ms. J. MILQUET. the Minister of Agriculture, Mrs S. LARUELLE. the Secretary of State for mobility, M. WATHELET Scellé of the seal of the State: to the Minister of Justice, absent: A. DE CROO Schedule 1 to the Act of 27 December 2012 on the various urgent provisions 'Annex 1 to royal decree of November 10, 2005 fixing the contributions referred to in article 4 of the Act of 9 December. 2004 on the financing of the Federal Agency for food chain safety annex 1 Chapter 1 farm supply sector. ((- Fertilizer A) Tonnage product/unit Etablissementmontant/establishment unit ≤ 500 EUR 59,92, 501-10,000 59,92 EUR 10.001 103,36 EUR + 0.0236 EUR/t ≥ B) amount of the contribution for the year in which the activity of the establishment unit began: 29.96 EUR per establishment unit.
(C) when the conditions laid down in article 11 for a decrease in the contribution are met, the amount of the contributions listed in annex 1 Chapter 1, A, is multiplied by a coefficient 0.25.
CHAPTER 2. -Pesticides A) 100.22 EUR + 64.72 EUR with approved or authorized product B) amount of the contribution for the year in which the activity of the establishment unit began: 82,47 EUR per establishment unit.
(C) when the conditions laid down in article 11 for a decrease in the contribution are met, the amount of the contributions listed in annex 1, Chapter 2, is multiplied by a coefficient 0.25.
CHAPTER 3. -Feed 1. Producers of animal feed A) Tonnage product/unit Etablissementmontant/establishment Unit ≤ 5.00099,48 5.001 EUR - 10.000198,92 EUR 10.001 - 25.0001.198,36 EUR 25.001 - 50.0003.100,14 50.001 EUR - 75.0004.588,20 EUR 75.001 - 100.0006.200,24 EUR 100.001 - 200.00010.606,16 > 200.00013.594,82 to EUR B) amount of the contribution for the year in which the activity of the establishment unit began: 49.74 EUR per establishment unit.
(C) when the conditions laid down in article 11 for a decrease in the contribution are met, the amount contributions listed in annex 1, Chapter 3, point 1 (A), is multiplied by a coefficient of 0.25.
(2 premix and manufacturers producing additives) Tonnage product/unit Etablissementmontant/unit of establishment ≤ 5.000359,52 5.001 EUR - 10.0002.396,74 EUR 10.001 - 15.0004.588, 20 EUR 15.001 - 20.0006.200, 24 EUR > 20.0006.200,24 EUR B) amount of the contribution for the year in which the activity of the establishment unit began: 179,76 EUR per establishment unit.
(C) when the conditions laid down in article 11 for a decrease in the contribution are met, the amount of the contributions listed in annex 1, Chapter 3, point 2 (A), is multiplied by a coefficient of 0.25.
CHAPTER 4. ((- Material mineral A) Tonnage product/unit Etablissementmontant/establishment Unit ≤ 5.00025,22 5.001 EUR - 10.00050,44 EUR 10.001 - 25.000303,88 EUR 25.001 - 50.000786,10 50.001 EUR - 75.0001.163,70 EUR 75.001 - 100.0001.572,22 EUR 100.001 - 200.0002.689,42 > 200.0003.448,04 to EUR B) amount of the contribution for the year in which the activity of the establishment unit began: 12.61 EUR per establishment unit.
(C) when the conditions laid down in article 11 for a decrease in the contribution are met, the amount of the contributions listed in annex 1 Chapter 4, A, is multiplied by a coefficient 0.25. "Seen to be annexed to the Act of 27 December 2012 on various urgent provisions.
ALBERT by the King: the Minister of Agriculture, Mrs S. LARUELLE annex 2 of the Act of 27 December 2012 on various provisions urgent "(annex 2 of the royal decree of 10 November 2005 setting the contributions referred to in article 4 of the Act of 9 December 2004 on the financing of the Federal Agency for the safety of the food chain annex 2 PRODUCTION primary (A) 198.08 EUR per establishment Unit B) amount of the contribution for the year in the course. which the activity of the establishment unit began: 99,04 EUR per establishment unit.
(C) when the conditions laid down in article 11 for a decrease in the contribution are met, the amount of the contributions listed in annex 2, is 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: the Minister of Agriculture, Mrs S. LARUELLE Schedule 3 to the Act of 27 December 2012 on various provisions urgent "(annex 3 to the royal decree of November 10, 2005 fixing the contributions referred to in article 4 of the Act of 9 December 2004 on the financing of the Federal Agency for the safety of the food chain annex 3 processing A) category on the basis of the number of people Occupeesmontant/establishment unit 0 people occupees155. (, 10 EUR 1-4 people occupees310, 18 EUR 5-9 people occupees952, 96 EUR 10-19 people occupees2.513, 20 EUR 20-49 persons occupees5.194, 56 EUR 50-99 employees occupees12.612, 70 EUR ≥ 100 people occupees19.246, 02 EUR B) amount of the contribution for the year in which the activity of the establishment unit began: 77,55 EUR per establishment unit.
(C) when the conditions laid down in article 11 for a decrease in the contribution are met, the amount of the contributions listed in annex 3, is multiplied by a coefficient of 0.25.
(D) the activities mentioned below are among others part of the transformation: production and conservation of meat, charcuterie, preserves;
transformation and conservation of fish and fish-based products manufacturing; processing and preservation of potatoes, vegetables and fruit juice manufacturing; processing and preservation of fruits and vegetables; processing of oils and fats raw; refining of oils and fats;
manufacture of margarine; manufacture of dairy products; manufacture of edible ice; Mills; starch and products manufacturing starch; industrial production of bread and pastries; manufacture of rusks and biscuits for delivery to other operators; manufacture of sugar; manufacturing of chocolate and sugar confectionery; manufacture of pasta; manufacturing of coffee and tea; manufacture of spices, aromatic herbs and sauces; manufacture of food preparations and homogenized diet food, manufacture of distilled alcoholic beverages; producing ethyl alcohol by fermentation;
manufacture of wine; manufacture of cider and other fruit wines, manufacture of non-distilled fermented beverages, brewery, Malthouse, production of mineral water and drinks. "Seen to be annexed to the Act of 27 December 2012 on various urgent provisions.
ALBERT by the King: urgent Agriculture Minister, Ms. S. LARUELLE annex 4 to the Act of 27 December 2012 on various provisions "annex 4 to the royal decree of 10 November 2005 setting the contributions referred to in article 4 of the Act of 9 December 2004 on the financing of the Federal Agency for the safety of the food chain annex 4 trade in big A) category on the basis of the number of people Occupeesmontant/establishment unit 0 people occupees195. (, 84 EUR 1-4 people occupees391, 70 EUR 5-9 people occupees856, 84 EUR 10-19 people occupees1.713, 70 EUR 20-49 persons occupees4.406, 66 EUR 50-99 employees occupees11.995, 92 EUR ≥ 100 people occupees24.481, EUR 46 B) amount of the contribution for the year in which the activity of the establishment unit began: 97,92 EUR per establishment unit.
(C) when the conditions laid down in article 11 for a decrease in the contribution are met, the amount of the contributions listed in annex 4, is multiplied by a coefficient of 0.25.

(D) the activities mentioned below are among others part of wholesale: wholesale trade in cereals, seeds, fertilizers, pesticides, animal feed, trade wholesale flowers and plants; wholesale of live animals, other animal products wholesale trade wholesale of vegetables and fruits, the wholesale of meat and meat preparations; wholesale of dairy products, eggs and edible oils; beverage wholesale trade; the wholesale sugar, chocolate, confectionery; trade wholesale of coffee, tea, cocoa, spices; wholesale of other food and luxury foodstuffs trade; cold storage, other storage;
the importation of packing material. "Seen to be annexed to the Act of 27 December 2012 on various urgent provisions.
ALBERT by the King: urgent Agriculture Minister, Ms. S. LARUELLE annex 5 to December 27, 2012, laying of miscellaneous provisions Act «Annex 5 to the royal decree of 10 November 2005 setting the contributions referred to in article 4 of the Act of 9 December 2004 on the financing of the Federal Agency for the safety of the food chain annex 5 retail trade the activities mentioned below are among others part of retail. : non-specialized store, primarily food retail trade; retail trade in fruit and vegetables; retail meat and preparations of meat, fish retail trade retail bread, pastry and confectionery; retail trade of beverages; other retail stores of food in specialised stores; manufacture of bread and pastries for sale to the final consumer; market and stand.
Annex 5.a.
(A) retail Commerce: If no activity is subject to an authorisation or approval: 40,00 EUR per establishment unit.
(B) Montant of the contribution for the year in which the activity of the establishment unit began: 40,00 EUR per establishment unit.
Annex 5.b. retail: if activity subject to authorization or approval: A) category on the basis of the number of people establishment 0 Occupeesmontant/unit people occupees218, 70 EUR 1-4 people occupees218, 70 EUR 5-9 people occupees425, 24 EUR 10-19 people occupees777, 56 EUR 20-49 persons occupees1.538, 82 EUR 50-99 employees occupees3.674, 08 EUR ≥ 100 people occupees7.046, 72 EUR) amount of the contribution for the year in which the activity of the establishment unit started : 109.35 EUR per establishment unit.
(C) when the conditions laid down in article 11 for a decrease in the contribution are met, the amount of the contributions listed in annex 5B, is 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: the Minister of Agriculture, Mrs S. LARUELLE annex 6 to the Act of 27 December 2012 on various provisions urgent "annex 6 to the royal decree of November 10, 2005 fixing the contributions referred to in article 4 of the Act of 9 December 2004 on the financing of the Federal Agency for the safety of the food chain annex 6 HORECA Font part inter alia in the HORECA sector the following activities. : cafés, hotels with catering, restaurants, food stall, consumer, community kitchens, caterers where are prepared foodstuffs intended for direct consumers and associations and similar institutions consumption.
Annex 6.a.
(A) Horeca: If no activity subject to authorization or approval: 40,00 EUR per establishment unit.
(B) Montant of the contribution for the year in which the activity of the establishment unit began: 40,00 EUR per establishment unit.
Annex 6.b. Horeca: If an activity is subject to an authorisation or approval: A) category on the basis of the number of people establishment 0 Occupeesmontant/unit people occupees142, 24 EUR 1-4 people occupees142, 24 EUR 5-9 people occupees227, 92 EUR 10-19 people occupees402, 72 EUR 20-49 persons occupees742, 30 EUR 50-99 employees occupees1.509, 96 EUR ≥ 100 people occupees2.789, 42 EUR) amount of the contribution for the year in which the activity of the establishment unit started : 71,12 EUR per establishment unit.
(C) when the conditions laid down in article 11 for a decrease in the contribution are met, the amount of the contributions listed in annex 6 (b), is 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: the Minister of Agriculture, Mrs S. LARUELLE annex 7 to the Act of 27 December 2012 on various provisions urgent "(annex 7 to the royal decree of November 10, 2005 fixing the contributions referred to in article 4 of the Act of 9 December 2004 on the financing of the Federal Agency for the safety of the food chain annex 7 TRANSPORT A) number of shipments within the chain alimentaireMontant/establishment unit 1-10 envois68. (, 68 EUR 11-250 envois68, 68 EUR 251 - 1,000 envois137, 36 EUR 1,001 - 2,500 envois240, 38 EUR > 2,500 envois515, EUR 14 B) amount of the contribution for the year in which the activity of the establishment unit began: 34.34 EUR per establishment unit.
(C) when the conditions laid down in article 11 for a decrease in the contribution are met, the amount of the contributions listed in annex 7 A is multiplied by a coefficient 0.25 D) the activities mentioned below are among others part of transport: the transport of products on behalf of third parties. "Seen to be annexed to the Act of 27 December 2012 on various urgent provisions.
ALBERT by the King: urgent Agriculture Minister, Ms. S. LARUELLE Annex 8 to the Act of 27 December 2012 on miscellaneous provisions "(annex 8 of the royal decree of November 10, 2005 fixing the contributions referred to in article 4 of the Act of 9 December 2004 on the financing of the Federal Agency for the safety of the food chain Annex 8 manufacturing equipment of packing A) class based on the number of people Occupeesmontant/establishment 2013a unit starting. 2014 0 people occupees77, 55 EUR155, 10 EUR 1-4 people occupees155, 09 EUR310, 18 EUR 5-9 people occupees476, 48 EUR952, 96 EUR 10-19 people occupees1.256, 60 EUR2.513, 20 EUR 20-49 persons occupees2.597, 28 EUR5.194, 56 EUR 50-99 employees occupees6.306, 35 EUR12.612, 70 EUR ≥ 100 people occupees9.623, 01 EUR19.246 02 EUR B) amount of the contribution for the year in which the activity of the establishment unit started : 77.55 EUR per establishment unit.
(C) when the conditions laid down in article 11 for a decrease in the contribution are met, the amount of the contributions referred to in annex 8, A, is multiplied by a factor of 0.50 in 2013 and 0.25 from 2014. "Seen to be annexed to the Act of 27 December 2012 on various urgent provisions.
ALBERT by the King: the Minister of Agriculture, Mrs S. LARUELLE