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27 JULY 2011. - An Act to amend the Act of 21 December 1998 on standards of products for the promotion of sustainable production and consumption patterns and the protection of the environment and health

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers are adopted and We sanction the following:
CHAPTER 1^er. - General provisions
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. The purpose of this Act is to:
1° to establish penal sanctions for the offences of the provisions of Regulation (EC) No 689/2008 of the European Parliament and of the Council of 17 June 2008 concerning the export and import of dangerous chemicals, provided that these provisions fall within the federal competence with regard to product standards, as referred to in Article 6, § 1^erII, paragraph 2, 1°, of the special law of 8 August 1980 of institutional reforms;
2° to establish penal sanctions for the offences of the provisions of Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 relating to the classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC and amending Regulation (EC) No 1907/2006, provided that these provisions fall within the federal jurisdiction of §^erII, paragraph 2, 1°, of the special law of 8 August 1980 of institutional reforms;
3° to establish criminal sanctions for the offences of the provisions of Regulation (EC) No 1102/2008 of the European Parliament and of the Council of 22 October 2008 relating to the prohibition of the export of metallic mercury and certain mercury compounds and mixtures and the safe storage of that substance, provided that these provisions fall within the federal competence with respect to product standards, as referred to in Article 6, § 1^erII, paragraph 2, 1°, of the special law of 8 August 1980 of institutional reforms;
4° to establish criminal sanctions for the offences of the provisions of Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the marketing of phytopharmaceutical products and repealing Council Directives 79/117/EEC and 91/414/EEC;
5° to establish criminal sanctions for the offences of the provisions of Regulation (EC) No. 1005/2009 of the European Parliament and of the Council of 16 September 2009 relating to ozone-depleting substances;
6° to establish criminal sanctions for the offences of the provisions of Council Regulation (EC) No. 2173/2005 concerning the establishment of an FLEGT authorization regime for the import of wood in the European Community;
7° the repeal of the Act of 28 January 1999 on guarantees for workers' safety and health substances and preparations for their well-being, since this matter (the protection of workers against substances and preparations) is now regulated by the Act of 21 December 1998 on the standards of products for the promotion of sustainable production and consumption and the protection of the environment and health;
8° to transpose into Belgian law the Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for establishing eco-design requirements for energy-related products, and subsequently establishing a rapid and effective implementation in Belgium of the Directive.
CHAPTER 2. - Provisions relating to the protection of workers and the repeal of the Act of 28 January 1999 on guarantees to be submitted by workers' safety and health substances and preparations for their well-being
Art. 3. In the title of the Act of 21 December 1998 on standards of products intended to promote sustainable production and consumption patterns and the protection of the environment and health, the words "and health" are replaced by the words ", health and workers".
Art. 4. In section 2, 19°, of the same Act, the words "Public Health or the Environment" are replaced by the words "Public Health, Environment or Employment".
Art. 5. Article 3, § 1^erin the same Act, the following amendments are made:
1st paragraph 1^er is completed by the 4th written as follows:
"4° to protect workers from the harmful effects or risks of harmful effects of substances and preparations that are the consequence or will likely be the result of exposure to substances and preparations in the workplace or of the use of substances and preparations in the course of the work activity, setting conditions for the marketing and supply of such substances and preparations. »;
2° In paragraph 2 the words "worker protection or" are repealed.
Art. 6. In section 5 of the Act, the following amendments are made:
1° in paragraph 1^erParagraph 1^erthe words "environment or public health" are replaced by the words "environment, public health or workers";
2° in paragraph 2, paragraph 1^er, the words "or workers" are inserted between the words "public health" and the words ", the King".
Art. 7. Section 7 of the Act, as amended by the Act of 10 September 2009, is supplemented by two sub-items as follows:
"Without prejudice to the provisions of the REACH regulation, the supplier, at the time of first delivery and at any subsequent significant change in the qualitative or quantitative level of the substance's composition or preparation, shall transmit to the employer, even if the employer does not request, the information it needs to carry out the risk assessment, establish preventive measures and safely use the substance or preparation.
The King shall determine, after the advice of the Superior Council for Prevention and Protection at Work, the terms and conditions relating to the information to be provided. »
Art. 8. In article 9, paragraph 1^erin the same law, the words "public health" are replaced by the words "public health or workers".
Art. 9. In the same law, an article 15bis is inserted as follows:
"Art. 15bis. Without prejudice to the application of section 15, officials appointed pursuant to section 80 of the Act of 4 August 1996 on the welfare of workers during the performance of their work are, within their powers, responsible for the monitoring of the provisions of this Act and its enforcement orders, with regard to the protection of workers.
These officials exercise this oversight in accordance with the provisions of the Labour Inspection Act of 16 November 1972. »
Art. 10. In Article 19, § 1^erParagraph 1^er, of the same law, as amended by the Act of 28 March 2003, the words "and the Central Council of Economy" are replaced by the words ", the Central Council of Economy and the National Labour Council for matters within its jurisdiction".
Art. 11. The Act of 28 January 1999 on guarantees for workers ' safety and health substances and preparations for their well-being is repealed.
CHAPTER 3. - Transposition of Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for setting eco-design requirements for energy-related products
Art. 12. Section 14bis of the Act, inserted by the Act of 11 May 2007, is amended as follows:
1° in paragraphs 1^er and 2, the words "energy consumer products" are replaced each time by the words "energy-related products";
2° in the Dutch text of paragraph 2, the words "in de handel te kunnen worden gebracht" are replaced by the words "op de markt te kunnen worden geïntroduceerd".
Art. 13. Section 14ter of the Act, inserted by the Act of 11 May 2007, is amended as follows:
1° 1° is replaced by the following:
"1° "energy-related product": any property having an impact on energy consumption during its use that is marketed and/or put into service, including the parts planned to be incorporated into an energy-related product covered by this chapter that are marketed and/or put into service in the form of spare parts intended for end users and whose environmental performance can be independently evaluated; »;
2° in the Dutch text of 2°, the words "in de handel worden gebracht" are replaced by the words "op de markt worden geïntroduceerd";
3° to 4° the words "on the community market" are replaced by the words "on the market";
4° in the Dutch text of 6°, the words "in de communautaire handel brengen" are replaced by the words "op de markt introduceren", and the words "in de communautaire handel brengt" are replaced by the words "op de markt introduceert" - the word "community" is deleted each time;
5° in the Dutch text of the 8°, the word "brengt" is replaced by the word "inventert";
6° in 17°, the words "Annex II B of Council Directive 75/442/EEC of 15 July 1975 on wastes" are replaced by the words "Annex II of European Parliament Directive 2008/98/EC of 19 November 2008 on wastes and repealing certain directives";
7° in 18°, the words "Guideline 75/442/EEC" are replaced by the words "Guideline 2008/98/EC":
8° the 19° is replaced by the following:
"19° "hazardous waste": wastes as referred to in Article 3, 2., of Directive 2008/98/EC; "
Art. 14. In the Dutch text of the title of Section 3 of Chapter V bis of the same law, inserted by the law of May 11, 2007, the words "het in de communautaire handel brengen" are replaced by the words "het op de markt introduceren" - the word "community" is deleted.
Art. 15. Section 14quater of the Act, inserted by the Act of 11 May 2007, is amended as follows:
1° in the Dutch text of paragraph 1^er, the words "in de communautaire handel brengen" are replaced by the words "op de markt introduceren" - the word "community" is deleted;
2° in the Dutch text of paragraph 2, the words "in de communautaire handel worden gebracht" are replaced by the words "op de markt worden geïntroduceerd" - the word "community" is deleted.
Art. 16. Article 14quinquies, § 1^er, the same law, inserted by the law of 11 May 2007, the following amendments are made:
1° in the Dutch text, the words "in de communautaire handel wordt gebracht" are replaced by "op de markt wordt geïntroduceerd";
2° the word "community" is deleted;
3° the words "conformity declaration" are replaced each time by the words "EC conformity declaration";
4° the words "EC conformity marking" are replaced by the words "EC marking".
Art. 17. In the Dutch text of article 14sexies of the same law, inserted by the law of May 11, 2007, the words "in de communautaire handel te brengen" are replaced by the words "op de markt introduceren"; the word "community" is deleted.
Art. 18. The following amendments are made to Section 14s of the Act, which was inserted by the Act of 11 May 2007:
1° in the Dutch text, the words "in de communautaire handel brengen" are replaced by the words "op de markt introduceren" - the word "community" is deleted;
2° in the Dutch text, the words "door hen geproduceerde" are repealed.
Art. 19. Section 14octies of the Act, inserted by the Act of 11 May 2007, is replaced by the following:
"Art. 14octies. In accordance with the applicable enforcement measure, manufacturers ensure, in the form they consider appropriate, that consumers of energy-related products are notified:
(a) the necessary information on the role they can play in the sustainable use of the energy-related product; and
(b) where the enforcement measures require, the ecological profile of the energy-related product and the benefits of eco-design. »
Art. 20. Section 14 of the Act, inserted by the Act of 11 May 2007, is replaced by the following:
"Art. 14nonies. If the manufacturer is not established in the Union and in the absence of an agent, the importer is subject to the following obligations:
(a) ensure that the energy-related product in the market and/or put into service is in accordance with the provisions of this chapter and the applicable enforcement measure; and
(b) maintain and make available the CE declaration of conformity and technical documentation. »
Art. 21. The following amendments are made to section 14decies, of the same Act, inserted by the Act of 11 May 2007:
1° paragraph 1^erParagraph 1^er, is supplemented by the words "the conditions imposed by the Minister";
2° in the Dutch text of paragraph 1^er, paragraph 2, the words "het op de markt brengen" are replaced by the words "of marktintroducty";
3° in the Dutch text of paragraph 1^er, paragraph 3, the word "brengen" is replaced by the word "introren";
4° in paragraph 2, the word "law" is replaced by the word "subsection", and in the Dutch text, the word "Brengen" is replaced by the word "introductionren".
Art. 22. The following amendments are made to section 14undecies, of the same Act, inserted by the Act of 11 May 2007:
1° in paragraph 1^erParagraph 1^erthe words "in Decision 93/465/EEC on modules relating to the different phases of conformity assessment procedures and the rules for the affixing and use of the "EC" conformity marking, intended to be used in the technical harmonization guidelines" are replaced by the words "in Appendix II to Decision No. 768/2008/EC";
2° in paragraph 2, paragraph 1^er, in the Dutch text, the words "in de communautaire handel brengen" are replaced by the words "op de markt introduceren" - the word "community" is deleted.
Art. 23. The following amendments are made to section 14duodecies, of the same Act, inserted by the Act of 11 May 2007:
1° in paragraph 1^er, the words ", including the competent authorities in accordance with other regulations", are inserted between the words "interested parties" and the words "to be consulted";
2° the article is supplemented by a paragraph 3 written as follows:
“§3. For the purposes of this chapter, the Minister organizes cooperation with the responsible authorities under specific legal and regulatory provisions to certain product categories; it also organizes the exchange of information between the authorities concerned and the Commission. »
Art. 24. In articles 14ter to 14undecies, and in annexes I^re to V, the same law, the words "energy consumer product", respectively the words "energy consumer products", are replaced, respectively, by the words "energy-related product" and the words "energy-related products".
CHAPTER 4. - Provisions relating to the implementation of the Directive 2009/125/EC of the European Parliament and the Council of 21 October 2009 establishing a framework for establishing eco-design requirements for energy-related products
Art. 25. In section 15 of the Act, as amended by the Act of 10 September 2009, the following amendments are made:
1° paragraph 1^erParagraph 1^er, is replaced by the following:
« § 1^er. Without prejudice to the powers of judicial police officers, the members of the statutory or contractual staff of the Federal Public Service Public Health, Safety of the Food and Environment Chain, designated by the King for this purpose, shall monitor the application of the provisions of this Act, its enforcement orders, enforcement measures taken under Directive 2009/125/EC and the regulations of the European Community contained in Annex I^re.
Paragraph 5 is replaced by the following:
“§ 5. Unless a warning referred to in Article 17bis is given, the members of the statutory or contractual personnel referred to in § 1^erParagraph 1^er, note the offences to this Act, its enforcement orders, the enforcement measures taken under Directive 2009/125/EC and the regulations of the European Community set out in Annex I^re, by making records that are faith to the contrary; a copy of the record shall be transmitted to the offender within 30 days of the date of the finding. »;
3° paragraph 6 is replaced by the following:
“§ 6. As part of the application of this Act, its enforcement orders, enforcement measures taken under Directive 2009/125/EC and the regulations of the European Community set out in Annex I^re, the King may, on a joint proposal by Ministers with Public Health, the Environment, Economic Affairs and Average Class in their responsibilities, prescribe the application of control guidelines adopted by recognized national or international bodies. »
Art. 26. In article 16, paragraph 1^erParagraph 1^er, of the same law, as amended by the laws of 28 March 2003 and 10 September 2009, the sentence beginning with the words "Registered or contractual personnel, ..." and ending with the words "..., in order to subject them to control. is replaced by the following:
"The members of the statutory or contractual personnel referred to in Article 15, § 1^erParagraph 1^er, may temporarily appeal against acknowledgement of receipt, by administrative measure, and for a period fixed by the King, the products of which they suspect non-compliance with the provisions of an order made pursuant to this Act, or an enforcement action taken under Directive 2009/125/EC or a regulation of the European Community contained in Annex I^re, to subject them to control. »
Art. 27. In section 18 of the Act, as amended by the Acts of 28 March 2003 and 10 September 2009, subsection 1^er is replaced by the following:
« § 1^er. Offences to this Act, to orders made pursuant to it, to enforcement measures taken under Directive 2009/125/EC and to regulations of the European Community set out in Annex I^repunishable under Article 17, § 1^er, 2 or 2bis, are the subject of either criminal prosecution or administrative fine as referred to in this section. »
CHAPTER 5. - Establishment of criminal penalties for offences of the provisions of the regulations mentioned in article 2, 1° to 7°
Art. 28. In section 17 of the Act, the following amendments are made:
(a) Paragraph 1^erParagraph 1^er, 1°bis, inserted by the law of 11 May 2007, is replaced by the following:
"1°bis that contravenes the requirements of a enforcement action taken under Directive 2009/125/EC, is established under Chapter Vbis of this Act, or established by a European Regulation or Decision; »;
(b) Paragraph 1^erParagraph 1^er, 2°, as amended by the Act of 27 December 2004, is replaced by the following:
"2° that which contravenes Articles 7, § 2, 13, § 4, or 14, § 2, Regulation (EC) No 689/2008 of the European Parliament and Council of 17 June 2008 concerning the export and import of dangerous chemicals; »;
(c) in paragraph 1^erParagraph 1^er, 3°, a) amended by the Act of September 10, 2009, the words "Article 35" are inserted between the words "Article 34" and the words "Article 37".
(d) paragraph 1^erParagraph 1^er, 4°, as amended by the Act of 28 March 2003, is replaced by the following:
"4° he who breaks articles 5, § 1^er, 6, 11, § 8, 12, §§ 1^er or 2, 20, § 1^er, 24, 26, § 1^er, or 27 of Regulation (EC) No. 1005/2009 of the European Parliament and Council of 16 September 2009 on substances that deplete the ozone layer; »;
(e) paragraph 1^erParagraph 1^eramended by Acts of 28 March 2003, 27 December 2004, 20 July 2005, 1^er March 2007 and 10 September 2009, is supplemented by points 10°, 11°, 12°, 13° and 14°, as follows:
"10° that which contravenes Article 4 of Regulation (EC) No 1272/2008 of the European Parliament and Council of 16 December 2008 on the classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC and amending Regulation (EC) No 1907/2006;
11° the one who breaks Article 1^er§§ 1^er or 3, Regulation (EC) No 1102/2008 of the European Parliament and Council of 22 October 2008 on the prohibition of the export of metallic mercury and certain mercury compounds and mixtures and the safe storage of this substance;
12° the person who violates articles 28, § 1^er46, 49, § 4, 52, § 1^er, 4, 5 or 6, 54, §§ 1^er or 2, 55, 56, §§ 1^er, 2 or 4, 58, § 1^er, 62, §§ 1^er, 2, 3 or 4, 64, §§ 1^er or 2, 65, § 1^er, or 66, §§ 1^er, 2, 4, 5 or 6, Regulation (EC) No 1107/2009 of the European Parliament and Council of 21 October 2009 concerning the marketing of phytopharmaceutical products and repealing Council Directives 79/117/EEC and 91/414/EEC;
13° the one who breaks Article 1^er and the schedule to Regulation (EC) No. 547/2011 of the European Parliament and Council of 8 June 2011 implementing Regulation (EC) No. 1107/2009 of the European Parliament and the Council concerning the labelling requirements of phytopharmaceutical products;
14° he who contravenes articles 4, § 1^er, and 5 § 1^er, of Council Regulation (EC) No. 2173/2005 concerning the establishment of an FLEGT authorization regime for timber imports in the European Community. »;
(f) Paragraph 2, 3, as amended by the Act of 27 December 2004, is replaced by the following:
"3° the person who contravenes articles 7, §§ 4 or 7, 9, §§ 1^er or 2, 10, § 4, 13, §§ 10 or 11, 15, § 2, 16, §§ 2, 3 or 4, or 17, § 2, of Regulation (EC) No 689/2008 of the European Parliament and of the Council of 17 June 2008 concerning the export and import of dangerous chemicals; »;
(g) Paragraph 2, 5°, as amended by the Act of 28 March 2003, is replaced by the following:
"5° that which contravenes Articles 17, § 4, 18, § 5, or 25 of Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer; »;
(h) Paragraph 2, as amended by the Acts of 28 March 2003, 27 December 2004, 1^er March 2007 and 10 September 2009, is supplemented by points 8°, 9° and 10°, as follows:
"8° he who contravenes articles 37, § 3 or 6, 40, § 1^er41, 48, § 1^er or 2, or 49, § 1^er, Regulation (EC) No 1272/2008 of the European Parliament and Council of 16 December 2008 on the classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC and amending Regulation (EC) No 1907/2006;
9° that which contravenes Article 5, § 3, of Regulation (EC) No 1102/2008 of the European Parliament and of the Council of 22 October 2008 on the prohibition of exports of metallic mercury and certain mercury compounds and mixtures and the safe storage of this substance;
10° that which contravenes Articles 51, § 5, 61, §§ 1 or 3, or 67, §§ 1, 2 or 3, of Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the marketing of phytopharmaceutical products and repealing Directives 79/117/EEC and 91/414/EEC of the Council. »
CHAPTER 6. - Final provisions
Art. 29. Appendix I^re as amended by the Acts of 28 March 2003, 27 December 2004, 20 July 2005, 1^er March 2007, 11 May 2007 and 10 September 2009 are amended as follows:
1° the words "Regulation (EC) No. 304/2003 of the European Parliament and Council of 28 January 2003 concerning the export and import of chemicals, OJ 2003, L63" are replaced by the words "Regulation (EC) No. 689/2008 of the European Parliament and the Council of 17 June 2008 concerning the export and import of dangerous chemicals";
2° the words "Regulation (EC) No. 2037/2000 of the European Parliament in Council of 29 June 2000 on substances that deplete the ozone layer" are replaced by the words "Regulation (EC) No. 1005/2009 of the European Parliament and the Council of 16 September 2009 on substances that deplete the ozone layer";
3° Annex I^re is completed as follows:
" Regulation (EC) No 1102/2008 of the European Parliament and Council of 22 October 2008 on the prohibition of the export of metallic mercury and certain mercury compounds and mixtures and the safe storage of this substance
Regulation (EC) No 1272/2008 of the European Parliament and Council of 16 December 2008 on the classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC and amending Regulation (EC) No 1907/2006
Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the marketing of phytopharmaceutical products and repealing Council Directives 79/117/EEC and 91/414/EEC
Regulation (EU) No 547/2011 of the European Parliament and of the Council of 8 June 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and the Council concerning the labelling requirements of phytopharmaceutical products
Commission Regulation (EC) No. 2173/2005 concerning the establishment of an FLEGT authorization regime for timber imports in the European Community. »
Art. 30. Chapter 3 of this Act produces its effects on November 20, 2010.
Promulgate this Act, order that it be put on the seal of the State and published in the Belgian Monitor.
Given in Brussels, 27 July 2011.
ALBERT
By the King:
Deputy Prime Minister and Minister of Social Affairs and Public Health,
Ms. L. ONKELINX
Deputy Prime Minister and Minister of Employment and Equal Opportunities, responsible for the Migration and Asylum Policy,
Ms. J. MILQUET
Minister of P.M.E., Independents, Agriculture and Science Policy,
Mrs. S. LARUELLE
Minister of Climate and Energy,
P. MAGNETTE
Minister for Business and Simplification,
VAN QUICKENBORNE
Seal of the state seal:
Minister of Justice,
S. DE CLERCK