Posted the: 2012-09-12 Numac: 2012024304 PUBLIC SERVICE FEDERAL public health, food chain safety and environment 12 July 2012. -Law amending the law of July 12, 1973, on the conservation of nature (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
S. 2. article 5 of the law of July 12, 1973, on the conservation of nature is replaced as follows: «art.» 5. without prejudice to the provisions of the legislation on hunting, on animal health of domestic animals and the protection of plants and without prejudice to the obligations resulting from international conventions, the King may take measures with a view to: 1 ° regulate, suspend or ban the import, export and transit of plant species non-native as well as non-native animal species and their bodies;
2 ° to submit the import, export and transit of non-native plant species as well as non-native animal species and their remains to an approval, authorization, registration or prior notification, as well as to lay down the conditions in which the permissions or records may be granted, suspended and removed;
3 ° to regulate the release of non-native animal species and their introduction in the game parks. ».
S. 3. in the same Act, it is inserted an article 5 bis, as follows: «art.» 5a. the King can establish a federal advisory board giving its opinion on any question concerning the importation by a decree deliberated in the Council of Ministers, the export as well as transit of plant species non-native as well as non-native animal species and their remains. ».
S. 4. in the Act, it is inserted an article 5B as follows: «art.» 5b. § 1. The State may conclude sectoral agreements on the import, export and transit of animal or plant species non-native invasive with companies involved in the spread of these species, or organizations grouping such undertakings.
The organizations referred to in the first subparagraph must demonstrate that they: 1 are representative of companies that belong to the same sector;
and 2 ° have the constitutional competence to conclude such an agreement or are mandated by, at least three-quarters of their members to conclude a sectoral agreement which bind them in accordance with § 4, 1 ° with the State.
§ 2. Where a company or an organization meets the conditions laid down in the § 1 and with the agreement of the State, it can join an existing sectoral agreement.
§ 3. A sectoral agreement cannot replace legislation or regulations in force, nor derogate from it in the direction of less stringent provisions.
§ 4. Sectoral agreements must comply with the following minimum conditions: 1 ° a sectoral agreement binds the parties, as soon as it was signed by all the parties concerned.
According to its provisions, the sectoral agreement also binds, all members of the organization or a group of members described in General.
The sectoral agreement binding, ipso jure, companies who join the Organization after the signing of the agreement and part, where appropriate, of the Group's members described generally in a sectoral agreement.
Members of the organization linked by the sectoral agreement can evade the obligations deriving therefrom, leaving the Organization;
2 ° a sectoral agreement is concluded for a specified period which may in no case be greater than ten years. Longer duration is reduced, of right, to 10 years.
A sectoral agreement may be renewed tacitly. The State and one or several affiliates may extend the sectoral agreement without modification;
3 ° it can be put an end to a sectoral agreement: a) at the end of the period of validity;
(b) by termination by one of the parties; except as otherwise provided in the agreement, the notice period is six months;
(c) by an agreement between the parties.
§ 5. The provisions of this article are of public order. They are applicable to the sectoral agreements to be concluded after the entry into force of the law of July 12, 2012, amending the law of July 12, 1973, on the conservation of nature.
§ 6. Any sectoral agreements concluded in implementation of this law, as well as any modification, extension or termination of or accession to a sectoral agreement entered into pursuant to this Act must be published in the Moniteur belge. This is also the case when it is terminated, advance, the sectoral agreement by agreement between the parties. ».
S. 5. in article 44 of the same Act, the § 1 is replaced by the following: "§ 1.» Is punished by imprisonment from 15 days to three months and a fine of 25 euros to 2,000 euros, or one of those penalties only, one who violates the provisions on import, export and transit of plant species non-native as well as non-native animal species and their bodies taken in implementing article 5. ».
S. 6. in the Act, it is inserted an article 44A, worded as follows: «art.» 44bis. § 1.
Infringements of the provisions on the import, export and transit of non-native plant species as well as non-native animal species and their spoils taken in pursuance of article 5 of this Act are either criminal prosecution or an administrative penalty, referred to in this article.
§ 2. People charge, referred to in article 47, paragraph 1, send the minutes, which finds the infringement to the Prosecutor of the King and a copy to the employee, holder of a licence or a master in law, designated by the King.
§ 3. The Prosecutor decides if it is necessary or not to proceed criminally.
Criminal proceedings exclude the application of an administrative penalty, even if an acquittal the fence.
King's Attorney has a period of three months from the date of receipt of the minutes to notify its decision to the official appointed by the King. Where the Prosecutor waives criminal prosecution or fails to notify its decision within the deadline, the official appointed by the King, under the terms and conditions to be fixed, decides, after the person concerned able to present its defences, is there instead of proposing an administrative head of the offence penalty.
Public action shuts off when the Prosecutor waives criminal prosecution or fails to notify its decision within the time limit.
§ 4. The amount of the administrative fine may be less than half of the minimum of the fine set by the breached legal provision, nor more than one-twentieth of the maximum of this fine.
These amounts are increased by the additional decimated set for criminal fines.
§ 5. In case of offences the amounts of administrative fines are cumulative, while their total cannot exceed the maximum provided for in article 44, § 1.
§ 6. The payment of the administrative fine turned off public action.
§ 7. If the person concerned remains in default to pay the administrative penalty, referred to in § 3, paragraph 2, within the time limit, the official continued payment of the fine before the competent court.
Failure to pay the administrative penalty within the time limits set out in § 3, the officer assigned by the King captures the competent court to decide on the imposition of the fine. ».
S. 7. in article 47 of the same law, the first subparagraph is replaced by the following: 'without prejudice to the powers of the judicial police officers, infringements of the provisions on the import, export and transit of non native as well as animal species non-native plant species and their bodies taken in pursuance of article 5 of this Act are sought and found by members of the Federal and local police by the Customs officers by statutory staff members or contract of the SPF public health, food chain safety and environment designated for this purpose by the King. ».
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, July 12, 2012.
ALBERT by the King: Deputy Prime Minister and Minister of the Interior and of equality of opportunity, Ms. J. MILQUET. the Secretary of State environmental, energy and mobility, Assistant to the Minister of the Interior and of equality of opportunity, M. WATHELET Scellé of the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Session 2011-2012.
House of representatives Documents.
-Bill, no. 53-1894 / 1. -Amendment, no. 53-1894/2. -Report on behalf of the Committee, no. 53-1894/3. Text adopted by the Commission, no. 53-1894/4. -Text adopted in plenary meeting and transmitted to the Senate, no. 53-1894/5.
Full account. -7 June 2012.
-Project not referred by the Senate, no. 5-1660/1.