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Act On The Implementation Of The Cooperation Agreement Of 3 December 2009 Between The Federal State And The Regions On The Implementation Of The Convention On Collection, Depositing And Reception Of Waste Arising From Navigation Rhenish And Interie

Original Language Title: Loi portant exécution de l'accord de coopération du 3 décembre 2009 entre l'Etat fédéral et les Régions concernant la mise en oeuvre de la Convention relative à la collecte, au dépôt et à la réception des déchets survenant en navigation rhénane et intérie

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belgiquelex.be - Carrefour Bank of Legislation

20 JANVIER 2011. - Act implementing the cooperation agreement of 3 December 2009 between the Federal State and the Regions concerning the implementation of the Convention on the Collection, Deposit and Receipt of Wastes in Rhine and Inland Navigation, signed in Strasbourg on 9 September 1996 and carrying out the Convention



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. For the purposes of this Act and its enforcement orders, it shall be understood by:
1° cooperation agreement: the cooperation agreement of 3 December 2009 between the Federal State and the Regions concerning the implementation of the Convention on the Collection, Deposit and Reception of Wastes in Rhine and Inland Navigation, signed in Strasbourg on 9 September 1996;
2° Convention: Convention on the Collection, Deposit and Receipt of Wastes in Rhine and Inland Navigation, signed in Strasbourg on 9 September 1996.
Art. 3. The provisions of the charter contract or the contract of carriage that modify the breakdown of costs in Article 8 of the agreement are void.
Art. 4. The King may, by a deliberate decree in the Council of Ministers, take all necessary measures to fulfil the obligations of the federal State arising from the convention, including those listed in Article 4 of the cooperation agreement.
Art. 5. § 1er. Offences to the provisions of the Convention, this Act and its enforcement orders shall be punished by imprisonment from eight days to six months and a fine of twenty-six to thousand euros, or only one of those penalties, without prejudice to any damages, if any.
The provisions of Book 1er the Criminal Code, including Chapter VII and Article 85, are applicable to these offences.
§ 2. However, without prejudice to section 56 of the Criminal Code, the penalty may not, in the event of a recidivism within two years of the conviction, be less than double the sentence imposed previously by the head of the same offence.
Art. 6. § 1er. When a finding of one of the offences referred to in Article 5, it may, if the fact has not caused injury to others and with the consent of the perpetrator of the offence, be collected an amount, either immediately or within a period determined by the King.
The amount of that amount that cannot be greater than the maximum of the fine provided for this offence, plus additional decimals, as well as the method of perception, shall be fixed by the King.
§ 2. The payment extinguishes the public action, unless the Public Prosecutor's Department notify the interested party in the month from the day of payment, that it intends to exercise this public action.
The notification shall be made by fold recommended to the position; it is deemed to be made on the first business day following that of the deposit made at the post.
Art. 7. § 1er. If the perpetrator of the offence does not have a fixed domicile or residence in Belgium and does not immediately pay the proposed amount, he shall record in the hands of the officials or agents referred to in section 9 of this Act an amount intended to cover the fine and any legal costs.
§ 2. The amount of the amount to be recorded and the manner in which it is collected shall be fixed by the King.
§ 3. The building led by the perpetrator of the offence is retained, at the cost and risk of the offence, until the payment of this sum and justification for the payment of any building conservation costs.
If at the expiration of six days this amount is not paid, the seizure of the building may be ordered by the Public Prosecutor's Office.
A notice of seizure is sent to the owner of the building within two business days.
The building remains at the risk and costs of the offender for the duration of the seizure. The seizure is waived after justification for the payment of the amount to be recorded and any costs for the preservation of the building.
§ 4. If the exercise of public action results in the conviction of the individual:
1° the amount collected or recorded shall be charged against the costs of justice due to the State and the fine imposed; the potential surplus is returned;
2° where the building has been seized, the judgment orders that the Administration of the Domains proceed to the sale of the building in the absence of payment of the fine and legal costs within forty days of the judgment; this decision is enforceable notwithstanding any appeal.
The proceeds of the sale shall be charged against the costs of justice due to the State, the fine imposed, and any costs for the preservation of the building; the potential surplus is returned.
§ 5. In case of acquittal, the amount collected or recorded or the building seized shall be returned; the possible costs of building conservation are borne by the State.
§ 6. In the event of a conditional sentence, the amount collected or recorded shall be returned after deduction of court fees; the seized building shall be returned after payment of court fees and justification for payment of any costs for the conservation of the building.
§ 7. The recorded amount or the seized building shall be returned when the public prosecutor decides not to pursue or when the public action is extinguished or prescribed.
Art. 8. § 1er. The King shall designate the categories of officials responsible for the search for and review of offences under this Act and the orders made under section 4 of this Act.
Officials from one of the categories referred to in paragraph 1er are responsible for the application of section 6 of this Act to the extent that they have been individually designated for this purpose by the Attorney General near the Court of Appeal in the jurisdiction of which they have their administrative residence.
The King may confer the quality of judicial police officers to officials, individually designated for that purpose, who are members of one of the categories referred to in paragraph 1er.
In order to be able to perform their duties, officials with the capacity of judicial police officers shall be sworn in before the Attorney General of their home, in the following terms:
"I swear faithfulness to the King, obedience to the Constitution and laws of the Belgian people, and faithfully fulfill the functions conferred upon me. »
Officials from one of the categories referred to in paragraph 1er note the offences by minutes of evidence to the contrary. A copy of the report is sent to the offender within fifteen days of the finding of the offence.
§ 2. Qualified officers have access to premises, land, ships and have the right to consult the professional books and documents of companies subject to the Convention, this Act and its enforcement orders.
They may, however, only enter the inhabited premises if they are subject to the quality of a judicial police officer and have obtained the prior authorization of the judge in the police court; visits to inhabited premises must be carried out between eight and eighteen hours, jointly by at least two officers.
They can check these professional books and documents, take copies or extracts on site and require any explanations about them.
Art. 9. This Act comes into force on the day following its publication in the Belgian Monitor.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 20 January 2011.
ALBERT
By the King:
The Prime Minister,
Y. LETERME
The Secretary of State for Mobility,
E. SCHOUPPE
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
____
Note
Session 2010-2011
House of Representatives
Documents. - Text adopted in plenary and transmitted to the Senate, 53-853/1
Senate
Documents. - Project referred to by the Senate, 5-613/1. Report on behalf of the Commission, 5-613/2. - Decision not to amend, 5-613/3.