belgiquelex.be - Carrefour Bank of Legislation

19 MAI 2010. - An Act to establish the Bank-Carrefour des véhicules (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
PART 1^er. - General provisions
Article 1^er. 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, the following means:
1° Vehicle: any vehicle that meets the definitions referred to in Article 1^er, § 2 of the Royal Decree of 15 March 1968 concerning the general regulation on the technical conditions to which motor vehicles and their trailers, their elements and safety accessories, as well as mopeds and motorcycles as defined in Article 1^er of the Royal Decree of 10 October 1974 concerning the general regulation of the technical conditions to be met by mopeds and motorcycles and their trailers.
2° Banque-Carrefour: the Banque-Carrefour des véhicules as provided for in Article 4;
3° Application for registration: the applicant for registration as provided by the Royal Decree of 20 July 2001 on the registration of vehicles and the Royal Decree of 8 January 1996 regulating the registration of commercial plates for motor vehicles and trailers;
4° Licence holder: the holder of a registration as provided for by the Royal Decree of 20 July 2001 on the registration of vehicles and the Royal Decree of 8 January 1996 regulating the registration of commercial plates for motor vehicles and trailers;
5° Registration: the registration required by the Royal Decree of 20 July 2001 concerning the registration of vehicles and the Royal Decree of 8 January 1996 regulating the registration of commercial plates for motor vehicles and trailers;
6° Receipt sheet: a record that punishes the receipt of a vehicle, vehicle type, trailer, system, component or technical entity in accordance with Article 10, § 1^er the Royal Decree of 15 March 1968 concerning the general regulation of the technical conditions to be met by motor vehicles and their trailers, their elements and safety accessories;
7° Accreditation Minutes:
(a) the numbered report which punishes the approval of a type of chassis or self-propelled vehicle in accordance with Article 10, § 1^er, of the Royal Decree of 15 March 1968 concerning the general regulation of the technical conditions to which motor vehicles and their trailers, their elements and their safety accessories must be met, before being replaced by the Royal Decree of 14 April 2009;
(b) the numbered report that punishes the approval of a vehicle that meets the definition of section 1^er the Royal Decree of 10 October 1974 on the general regulation of the technical conditions to be met by mopeds and motorcycles and their trailers;
8° Certificate of Compliance:
(a) the certificate of conformity referred to in Article 4, § 5, of the Royal Decree of 10 October 1974 concerning the general regulation of the technical conditions to which mopeds and motorcycles and their trailers are to be met;
(b) the certificate of conformity referred to in Article 10, § 4, of the Royal Decree of 15 March 1968 concerning the general regulation of the technical conditions to which motor vehicles and their trailers, their elements and their safety accessories must be met, before being replaced by the Royal Decree of 14 April 2009;
(c) the certificate of conformity referred to in Article 10, § 2, of the Royal Decree of 15 March 1968 concerning the general regulation of the technical conditions to which motor vehicles and their trailers, their elements and their safety accessories shall be met, after its replacement by the Royal Decree of 14 April 2009;
9° Receiving CE by vehicle type: the act by which a Member State of the European Union certifies that a vehicle, system, component or technical entity meets the relevant administrative provisions and technical requirements, i.e. the Directive 2007/46/EC of the European Parliament and the Council of 5 September 2007 establishing a framework for the reception of motor vehicles, their trailers and systems, components and technical entities for these vehicles
10° Personal data: any information concerning an identified or identifiable natural person; is deemed to be identifiable a person who may be identified directly or indirectly;
11° Service: public service, institution, natural or legal person to whom public missions or public interest are entrusted by or under a law;
Services can be classified into three types:
(a) the Management Service: the General Directorate of Road Mobility and Safety of the Federal Public Service Mobility and Transport, which, within the administration, manages the Bank-Carrefour;
(b) services that provide data: services that are responsible for the primary collection and maintenance of data;
(c) services that have access to the Bank-Carrefour: services that have access to data held by the Bank-Carrefour;
12° Federal Public Service: the federal public service established by the Royal Decree of 20 November 2001 establishing the Federal Public Service Mobility and Transport;
13° Network: all vehicle data banks retained by the Management Service and the services that provide data on behalf of the Bank-Carrefour or on their own account;
14° Sectoral Committee: the Sectoral Committee for the Federal Authority of the Privacy Commission established by section 36bis of the Act of 8 December 1992 on the protection of privacy with respect to personal data processing;
15° Traceability: the ability to follow a vehicle, from its construction, assembly, import, intra-community acquisition or intra-community transfer to Belgium, to its destruction, export or intra-community delivery, to all stages of its use.
Art. 3. Without prejudice to the provisions of this Act, the Protection of Privacy Act of 8 December 1992 with respect to personal data processing applies to the personal data referred to in this Act.
In the event of a contradiction between the provisions of this Act and those of the Act of 8 December 1992 referred to above, it is the most favorable regulation for the protection of the privacy of natural persons that applies.
PART 2. - Vehicle Crossroads Bank
CHAPTER 1^er. - Bank-Carrefour missions
Art. 4. It is created within the Federal Public Service Mobility and Transport a vehicle data bank called "Vehicle Hub Bank".
Art. 5. The purpose of the Bank-Carrefour is, on the one hand, to ensure the traceability of vehicles since the day of their construction or import, or of their intra-community acquisition or intra-community transfer on Belgian territory, until the day of their destruction or export or of their intra-community delivery and, on the other, to identify at any time their owner, applicant and holder of their registration
1° to facilitate and support the development of an effective and environmentally friendly mobility policy;
2° allow the overall management of the fleet, including non-use vehicles;
3° facilitate the exchange of vehicle registration data;
4° facilitate the registration of vehicles;
5° facilitate the exchange of data relating to the organization and monitoring of exceptional road transport;
6° improve consumer protection;
7° facilitate the search, prosecution and enforcement of penalties for offences;
8° to facilitate the collection of taxes, retributions or royalties related to the acquisition, registration, release, use, release or transfer of a vehicle;
9° allow the preparation of possible requisitions of vehicles in time of war;
10° to allow the organization of prevention and measures to be taken in the event of a oil supply crisis and petroleum products;
11° allow the possibility of imposing administrative sanctions;
12° Facilitate authorisation operations for the paid transport of persons by road by motor vehicles;
13° Facilitate authorisation operations for the paid transport of things by road by motor vehicles and trailers;
14° allow the establishment of global and anonymous statistics;
15° to facilitate the award or recovery of, among other things, bonuses or grants resulting from the execution of the missions of the Community Funds for the Social Integration of Persons with Disabilities;
16° Facilitate the safe entry and execution of motor vehicles and trailers;
17° facilitate the execution of the missions of the road traffic and road safety police, the safety of motor vehicles and included trailers;
18° allow the collection of customs duties on motor vehicles and trailers;
19° facilitate technical control of vehicles in use;
20° allow for the collection of taxes, retributions or royalties of audiovisual equipment on board a motor vehicle;
21° control the civil liability coverage to which motor vehicles and trailers can be provided;
22° communicate to persons involved in a road traffic accident, the name of insurance companies covering civil liability resulting from the use of each of the vehicles involved in this accident;
23° facilitate the exercise by the police services of their administrative police mission;
24° allow the monitoring of service registrations of members of the federal government and the governments of the Communities and Regions as well as the monitoring of registrations for the diplomatic or consular corps and for international officials of the European economic communities and the North Atlantic Treaty Organization, for the purposes of the protocol;
25° allow the competent authorities to control regulations relating to the management of non-use vehicles;
26° fight against fraud in relation to vehicle mileage;
27° to facilitate the payment of taxes, rebates or parking fees for vehicles;
28° allow the recall of vehicles in the event of a risk to road safety, public health, the environment or consumers;
29° to facilitate the execution of urgent medical assistance, firefighters or civil security missions.
For this purpose, each service referred to in section 14 shall record, store, manage, protect and make available the data for the primary collection and update in accordance with the provisions of this Act and the laws and regulations that authorize the collection of the data referred to in sections 8 and 9.
The management service indicates the location of these data.
Art. 6. The General Directorate of Mobility and Road Safety of the Federal Public Service Mobility and Transport is responsible for the processing of personal data contained in the Bank-Carrefour.
The King may determine how and under what conditions the management service and the services that provide data must comply with their duty of information, in accordance with section 9 of the Act of 8 December 1992 on the protection of privacy with respect to the processing of personal data, following the advice of the sectoral committee.
CHAPTER 2. - Registration in the Banque-Carrefour
Art. 7. Any vehicle constructed or assembled in Belgium, or imported, or acquired intra-communityally or transferred intra-communityally to Belgian territory is registered in the Banque-Carrefour under the identification number assigned to it during its construction. This number serves as a unique vehicle identification number.
Recording in the Banque-Carrefour is accompanied by the following data:
1° the date of the vehicle registration;
2° the data mentioned in the vehicle conformity certificate;
3° the number of the certificate of approval, or of the certificate of approval, or of the receipt form, or of the CE receipt form by type, and the number of the vehicle certificate of conformity;
4° the identification data of the natural or legal person owner of the vehicle.
Each change in owner of the vehicle results in the indication in the Banque-Carrefour of the identification data of the new owner.
Radiation in the Banque-Carrefour is accompanied by the following data:
1° the date of the vehicle's radiation;
2° cause of radiation.
The King may complete, after the advice of the Sectoral Committee, the technical data in paragraphs 2 to 4.
Art. 8. The Bank-Carrefour maintains the Register of Vehicles under Articles 6, 7, 8 and 9 of the Royal Decree of 20 July 2001 on the registration of vehicles.
Art. 9. § 1^er. The Bank-Carrefour maintains a directory of references that indicates, for each vehicle listed therein, the types of data available in the network and the name of the services that keep them.
In the network are available the data necessary to:
1° the issuance of the vehicle identification report, the inspection certificate, if any of the occasion report and any other formality referred to in the Royal Decree of 15 March 1968 concerning the general regulation of the technical conditions to which motor vehicles and their trailers, their elements and safety accessories must be met;
2° the issuance of the road technical inspection report, as provided in the Royal Decree of 1^er September 2006 establishing road technical control of vehicles registered in Belgium or abroad;
3° obligatory vehicle liability insurance pursuant to the Act of 21 November 1989 on compulsory liability insurance for self-propelled vehicles;
4° the fight against fraud in relation to the mileage of vehicles pursuant to the law of 11 June 2004 punishing the fraud in relation to the mileage of vehicles;
5° the exercise of the traffic police and the use of the public road in accordance with the regulations concerning exceptional transport;
6° to report on the vehicles sought, including those carried out by the police in the framework of the international police cooperation agreements of Schengen of 14 June 1985;
7° the identification of foreign vehicle holders under the Prüm Treaty of 27 May 2005 as well as the decisions of the Council of 23 June 2008 No. 2008/615/JAI on the deepening of cross-border cooperation, in particular with a view to combating terrorism and cross-border crime, and No. 2008/616/JAI on the implementation of decision 2008/615/Jborder
8° the issuance of the certificate of destruction of the vehicle by an approved or registered regional centre for the removal, dismantling and destruction of non-use vehicles pursuant to Directive 2000/53/EC on non-use vehicles;
9° the execution of EC Regulation No. 450/2008 of the European Parliament and of the Council of 23 April 2008 establishing the Community Customs Code (Modified Customs Code), of EEC Regulation No. 2454/93 of the Commission of 2 July 1993 establishing certain provisions of application of EEC Regulation No. 2913/92 of the Council establishing the Community Customs Code, of Article 204 of the General Law on Customs and Access of 18 July 1977, of the Royal Decree
§ 2. The King, after the advice of the Sectoral Committee, specifies the data that corresponds to the purposes listed in § 1^er.
Art. 10. The King determines how to register in the Banque-Carrefour after the advice of the Sectoral Committee.
Art. 11. The successive changes to the data referred to in Article 7, paragraph 3, and Article 9 are mentioned in the Bank-Carrefour without delay, with the indication of the effective date and the services or the natural or legal person to which they originate.
Art. 12. The data processed in the Bank-Carrefour are kept the time required to ensure compliance with legal and regulatory obligations. If applicable, the King shall set a maximum shelf life.
However, the data may not be destroyed beyond this maximum shelf life, and may be coded or anonymized according to the terms set by the King, after the advice of the sectoral committee, for historical, statistical or scientific purposes.
The King determines the rules of data sustainability.
Art. 13. The King shall designate, after the advice of the Sectoral Committee, the natural or legal persons to be associated with the operation of the Bank-Carrefour and to carry out one or more of the purposes set out in Article 5.
Art. 14. The King shall designate, after the advice of the Sectoral Committee, the services that are responsible, with respect to the categories of vehicles that He determines and according to the functional distribution that He sets, for the primary collection and maintenance of the data referred to in Articles 7, 8 and 9.
In carrying out this mission, services are subject to legal and regulatory provisions for data collection.
The King may exclude from the network any service that contravenes these provisions or the provisions of this Act.
CHAPTER 3. - Access and use of data in the Banque-Carrefour
Art. 15. When vehicle data are available in the network, services are required to request them exclusively from the Bank-Carrefour.
Art. 16. By derogation from the previous article, services are exempted from transiting by the Banque-Carrefour for the data entrusted to them.
Art. 17. The technical specifications of the vehicle referred to in Article 7, paragraph 2, 2° are accessible without prior authorization.
Art. 18. § 1^er. Access to other Bank-Carrefour data requires prior authorization from the Sectoral Committee.
Before giving its authorization, the Sectoral Committee shall verify whether such access is in accordance with this Act, its enforcement orders and the Privacy Protection Act of 8 December 1992 in respect of personal data processing.
This authorization is granted by the sectoral committee:
1° to the Belgian public authorities for information that they are entitled to know by or under a law, decree or order;
2° to institutions and natural or legal persons for the information necessary for the performance of tasks of general interest to them by or under a law, decree or order or duties explicitly recognized as such by the sectoral committee;
3° to natural or legal persons acting in their capacity as subcontractor of Belgian public authorities, institutions and natural or legal persons referred to in 1° and 2°; the eventual outsourcing occurs upon request, under the control and responsibility of the so-called authorities and institutions. These subcontractors must formally commit themselves to complying with the provisions of this Act and the Act of 8 December 1992 on the protection of privacy with respect to personal data processing and take the necessary measures to that end to which they refer to persons for whom they act as subcontractors.
The communication of data outside the network is authorized by the Sectoral Committee as long as this data is for justified, well-determined, explicitly described purposes and is more important than the interests or fundamental rights and freedoms of the natural person concerned with this data.
§ 2. The King shall determine, after the advice of the Sectoral Committee, the cases in which an authorization is not required.
Art. 19. The terms of access to the Banque-Carrefour are set by the King after the advice of the Sectoral Committee.
Art. 20. The exchanges between services, via the unique vehicle identification number, of personal data other than those used in the Banque-Carrefour are previously communicated to the management service that lists these interconnection data in a cadastre, which can be consulted by any interested person.
The King shall determine, after the advice of the Sectoral Committee, the modalities for consultation and communication of data in the interconnection cadastre.
Art. 21. The communication of data between the Bank-Carrefour and the services that are part of the network is free of charge, provided that the data is collected in a mutually agreed protocol.
The communication of data from the Bank-Carrefour outside the network may result in the collection of a royalty in the cases fixed by the King for which It determines the amount.
The communication of data from the Bank-Carrefour of vehicles within the network but outside of a mutually agreed protocol, may also result in the collection of a royalty in cases determined by the King for which It determines the amount.
Art. 22. Any data subject has the right to obtain, free of charge, the communication of the data concerning which is registered in the Banque-Carrefour. If the reported data are unclear, incomplete or inaccurate, it may request a correction.
CHAPTER 4. - Achieving the principle of single data collection
Art. 23. With the exception of the exercise of their control missions, services that are authorized to consult the data of the Bank-Carrefour, may no longer directly request this data to natural or legal persons who own a vehicle.
As soon as a data is communicated to and recorded in the Banque-Carrefour, the services authorized to consult this data cannot, if this data is not communicated directly to them, impute it to these persons.
CHAPTER 5. - Recording, editing or deletion of data
Art. 24. § 1^er. Any person concerned may request from the Management Service the free rectification of any incorrect data concerning him or her and the free deletion of any recorded, stored, managed or made available in violation of this Act or its enforcement orders, or of the Privacy Protection Act of 8 December 1992 in respect of personal data processing.
§ 2. The services referred to in section 14 shall be held as soon as they notice the existence of incorrect data or the lack of data in the Bank-Carrefour, that a record, modification or deletion has not taken place, inform the management service.
§ 3. The management service is competent to conduct the registration or de-listing of a vehicle on an ex officio basis when the owner fails to perform such formalities within the time limits specified in section 32. The management service is also competent to make the registration of the data referred to in Article 7, paragraph 3, on its own motion, failing to inform the assignor of the transfer of ownership within the time limit set by the King in accordance with Article 33.
The King, after the advice of the Sectoral Committee, sets out the conditions and deadlines in which the Management Service must conduct the registration of office.
Art. 25. § 1^er. Depending on the case, the management service shall communicate the data referred to in Article 24, § 3 to the service that, pursuant to Article 14, paragraph 1^er, is designated for the primary collection of the data in question, or makes the amendment ex officio if the data for which the Bank-Carrefour was designated for the collection.
§ 2. Before making the registration referred to in Article 24, § 3, the Management Service shall communicate its intention by mail to the person concerned.
The data subject has a period of eight working days after sending the mail in order to voluntarily proceed with the requested registration.
In the event that the person concerned fails to make the registration requested within the prescribed time limit, a registration cost, the amount determined by the King, shall be charged at the time of the registration of the data, for each vehicle that has been registered on its own.
CHAPTER 6. - Specific provisions concerning the operation of the Banque-Carrefour
Art. 26. The Management Service may suspend the provision of data from the Bank-Carrefour to the services that, in charge of the single collection and maintenance of data, act in contravention of Articles 14 and 24, § 2.
Art. 27. Persons who, in the performance of their duties, intervene in the registration, memorization, management and provision of the data referred to in sections 7, 8 and 9, or who are aware of such data, are held in professional secrecy.
Art. 28. Each service shall designate, within or outside its personnel, a person in charge of information security and privacy, who shall also serve as a person in charge of data protection referred to in section 17bis of the Privacy Act of 8 December 1992 with respect to personal data processing. The identity of this manager is communicated to the Sectoral Committee and the Management Service.
Each service denounces to the Sector Committee and the Management Service, but also to the person concerned, the abuses he or she would have known.
If not, the person responsible may report directly to the Sectoral Committee and the Management Service the abuses he or she would have known.
The King determines the technical and organizational measures required to protect personal data.
Art. 29. The King designates, by deliberate order in the Council of Ministers, persons, who in times of war, in the circumstances assimilated under Article 7 of the Law of 12 May 1927 on military requisitions, or during the occupation of the national territory by the enemy, are responsible for destroying the data of the Bank-Carrefour. The King sets out the conditions and modalities of this destruction.
PART 3. - Obligation to register and delist vehicles and to indicate any change in ownership in the Bank-Carrefour
Art. 30. Any Belgian or foreign manufacturer with a vehicle production unit located on Belgian territory is required to register in the Banque-Carrefour every vehicle it produces, as soon as it is known that this vehicle is intended for the Belgian market.
The natural or legal person who carries out the importation, intra-community acquisition or intra-community transfer in Belgium, either professionally or privately, of a new or used vehicle is required to register it in the Banque-Carrefour.
Art. 31. § 1^er. The transfer of ownership of a vehicle, made free of charge or expensive, requires the transferor to report any change of ownership to the Banque-Carrefour.
The King may determine the categories of persons who may be assimilated to the owner for the purposes of this article.
The King also determines cases where the assignee performs the registration formalities in place of the assignor.
The King determines the time limit for this reporting.
§ 2. If the transferor fails to inform the Banque-Carrefour of the change of ownership, the transferor is deemed to be the owner exclusively for the purposes of this Act.
Art. 32. Any natural or legal person who exports, delivers intracommunityally or destroys a new or used vehicle from which he or she owns, is required to de-list the vehicle in the Bank-Carrefour.
The King determines the time limit for delisting.
Art. 33. The King shall, after the advice of the Sectoral Committee, establish the terms and data to be indicated on the occasion of the registration and de-listing of the vehicle as well as on any change in ownership.
PART 4. - Sanctions
Art. 34. A fine of 150 to 500 euros per offence is imposed on natural or legal persons who contravene the provisions of articles 30 to 32.
Art. 35. The provisions of Book I^er the Criminal Code, including the provisions of Chapter VII and Article 85, shall apply to offences covered by this Act.
PART 5. - Transitional provisions
Art. 36. This Act applies to categories of vehicles designated by the King and already registered at the time of its entry into force.
Art. 37. By derogation from section 30, the Directorate of Registration of Vehicles of the Federal Public Service Mobility and Transport shall, on its own motion, register in the Bank-Carrefour categories of vehicles referred to in section 36.
Art. 38. On the day on which the Act comes into force, the holder of the certificate of registration issued in accordance with the Royal Decree of 20 July 2001 on the registration of vehicles is presumed, exclusively for the purposes of this Act, to be the owner of the vehicle being registered.
Art. 39. The King may amend the existing legal provisions to align their text with the provisions of this Act.
The royal decrees under this article which are not confirmed by a law on the first day of the twenty-fourth month following that of their publication to the Belgian Monitor cease to produce their effects.
PART 6. - Final provisions
Art. 40. The King shall determine the date of entry into force of each of the provisions of this Act with the exception of this section which shall enter into force immediately.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given at Châteauneuf-de-Grasse, May 19, 2010.
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
(1) 2009-2010 session.
House of Representatives:
Parliamentary documents. - 2493/1 - Bill. - 2493/2 - Opinion of the High Council of Independents and EMPs - 2493/3 - Amendments. - 2493/4 - Report made on behalf of the commission. - 2493/5 - Text adopted by the commission. - 2493/6 - Text adopted in plenary and transmitted to the Senate.
Annales parliamentarians. - Discussion - Session of April 29, 2010. - Adoption - Meeting of April 29, 2010.
Senate:
Parliamentary documents. - 4-1764/1 - Project referred to by the Senate. - 4-1764/2 - Report made on behalf of the commission. - 4-1764/3 - Decision not to amend.
Annales parliamentarians. - Discussion - Session of May 6, 2010. - Adoption - Session of 6 May 2010.