Posted the: 2012-07-25 Numac: 2012011281 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES average and energy 10 July 2012. -Act to amend the Act of 17 January 2003 concerning the use and the treatment of disputes on the occasion of the Act of 17 January 2003 on the status of the regulator of the sectors of posts and telecommunications Belgian (1) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Article 1 object. This Act regulates a matter referred to in article 77 of the Constitution.
This Act partially transposes into Belgian law Directive 2009/140/EC of the European Parliament and of the Council of 25 November 2009 amending Directives 2002/21/EC on a common regulatory framework for electronic communications services, 2002/19/EC on access to electronic communications networks and associated facilities, and networks as well as interconnection , and 2002/20/EC on the authorisation of networks and services of electronic communications (J.O. December 18, 2009, L 337/37).
CHAPTER 2. -Amendment of the Act of 17 January 2003 on the remedies and the handling of disputes on the occasion of Act of 17 January 2003 relating to the status of the regulator of the sectors of posts and telecommunications Belgian art.
2. in the Act of 17 January 2003 concerning the use and the handling of disputes on the occasion of Act of 17 January 2003 on the status of the sectors of posts and Belgian telecommunications regulator, it is inserted an article 1/1 as follows: «art.» 1/1.
Chapters II and III partially transposing Directive 2009/140/EC of the European Parliament and of the Council of 25 November 2009 amending Directives 2002/21/EC on a common regulatory framework for networks and electronic communications services, 2002/19/EC on access to electronic communications networks and resources, as well as associated interconnection , and 2002/20/EC on the authorisation of networks and electronic communications services. » Art. 3. in article 2 of the same Act, replaced by the law of May 31, 2009, the following changes are made: 1 ° in the 1st paragraph, 1st paragraph is completed with the following sentence: «Institute is a party opposing the procedure.»;
2 ° in paragraph 2, the following changes are made: a) in paragraph 2, 4 is repealed;
(b) in paragraph 2, in the 5th, the word 'full' is inserted between the word "exposed" and the word "means".
(c) in paragraph 2, 5 ° is supplemented by the words ', without prejudice to article 748 of the Code of judicial procedure, no new way can be further developed by the applicant during the event, with the exception of the means of public order that may be raised at any time of the procedure, to close the debate, by the Court of appeal and by the parties ';
(d) paragraphs 3 to 5 are replaced by the following: 'if the query contains elements that the applicant considers confidential, it indicates explicitly and filing, on pain of nullity, a non-confidential version of it.
The registry of the Court of appeal shall notify without delay the request, and where appropriate its non-confidential version, the Institute that publishes it on its Internet site as well as to the Minister, if he is not the applicant.
Any interested party may intervene to the cause. This intervention will be admissible only if it is introduced in compliance with the conditions and within the limits laid down in paragraph 2, within 30 days following the publication of the request by the Institute on its website. »;
3 ° in paragraph 3, a paragraph worded as follows is inserted between paragraphs 1 and 2: "the Institute says under every piece of his file whether or not it is confidential. The confidential exhibits are not transmitted to the parties. If it is possible to establish a public version of the confidential exhibits, only the non-confidential version is transmitted to the parties. »;
4 ° in paragraph 4, paragraph 3, the words "and difficult to repair" shall be inserted between the word "serious" and the words "for the individual".
S. 4. in the same Act, it is inserted an article 4/1 as follows: «art.» 4/1. § 1. The following paragraphs shall apply when was born a cross-border dispute on electronic communications, which falls within the competence of national regulatory authorities of at least two Member States including the Belgium and that a party submits the dispute to the competition Council in accordance with article 4 of the Act.
2. Any party may submit the dispute to the Council of competition even if the issue has already been submitted to any other national regulatory authority of another Member State.
If the dispute was submitted both to the Council of competition and at least a national of another EU Member State regulatory authority, the competition Council coordinates its work with the national regulatory authority in order to find a coherent solution to the dispute, in accordance with the objectives listed in articles 6 to 8 of the Act of 13 June 2005 on communications electronic.
§ 3. If the dispute has not been subject to one or more national regulatory authorities of other Member States of the European Union, also competent, the competition Council resolves the dispute by the adoption of measures in accordance with the electronic communications Act of 13 June 2005.
Before resolving the dispute by the adoption of measures, the competition Council may apply to BEREC to formulate a recommendation on measures to be taken.
4. If the dispute is submitted by a party to a national regulatory authority of another Member State of the European Union also have jurisdiction, until the competition Council has resolved the dispute by the adoption of measures, the competition Council request to BEREC to formulate a recommendation on measures to be taken, or the competition Council suspends the processing of the dispute until the BEREC has formulated a recommendation on measures to be taken to the application of a national regulatory authority of another State member of the European Union.
§ 5. The competition Council does not resolve the dispute taking action before that BEREC has made the recommendation requested by the competition Council or a national regulatory authority of a Member State of the European Union, without prejudice to the application of article 20 of the Act of 17 January 2003 on the status of the sectors of posts and the Belgian telecommunications regulator.
When adopting measures of resolution of the dispute, the competition Council takes the utmost account the recommendation by BEREC.
§ 6. After BEREC has formulated its recommendation, the competition Council may decide to entrust the resolution of the dispute by the adoption of measures at one of these national regulatory authorities.
§ 7. The competition Council may decide alone, if the dispute has only been submitted to the Council or if this is not the case, by mutual agreement with the national regulatory authorities of other Member States to which the dispute was also submitted, not to resolve a dispute by adopting measures if other mechanisms exist, such as arbitration or mediation likely to better contribute to the resolution of the dispute in a timely manner and in accordance with the principles set out in articles 6 to 8 of the communications Act of 13 June 2005 electronic.
The competition Council shall inform the parties as soon as possible.
If the dispute is not resolved within four months, it has been brought to another court by the party requesting repair, and if one of the parties requests, paragraphs 2 to 6 are applied as appropriate.
§ 8. This procedure does not preclude the introduction of other judicial proceedings.
"Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given to Brussels, July 10, 2012.
ALBERT by the King: the Deputy Prime Minister and Minister of the economy, consumers and the North Sea, J. VANDE LANOTTE sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Notes (1) Session 2011/2012.
Records of the House of representatives: Bill, 53-2144, no. 1. -Report, 53-2144, no. 2. -Text adopted in plenary meeting and transmitted to the Senate, 53-2144, no. 3.
Full report: June 21, 2012 Senate Documents: draft transmitted by the House of representatives, 5-1678, no. 1. -Report 5-1678, no. 2. -Text adopted in plenary meeting and submitted to the Royal assent, 5-1678, no. 3.
Annals of the Senate: June 28, 2012.
See also: Session 2011/2012.
The Senate documents: Project mentioned by the Senate, 5-1677, no. 1. -Amendments 5-1677, no. 2. -Report 5-1677, no. 3. -Decision not to amend, 5-1677, no. 4.
Annals of the Senate: June 28, 2012.