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10 DECEMBER 2009. - An Act to amend, with respect to the status and control of rights management companies, the Copyright and Neighbouring Rights Act of 30 June 1994 (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Amendments to the Act of 30 June 1994 on copyright and neighbouring rights
Art. 2. Article 22, § 1^er, a single paragraph, of the Law on Copyright and Neighbouring Rights, inserted by the Law of 22 May 2005, the 4°ter is replaced by the following:
"4°ter. the fragmentary or integral reproduction of articles or plastic works or that of short fragments of other works, when this reproduction is carried out on any medium other than on paper or similar medium, for the purpose of illustration of the teaching or scientific research to the extent justified by the non-profit purpose pursued and does not prejudice the normal exploitation of the work, provided that it does not prove impossible, "
Art. 3. In the same law, an article 55bis is inserted, which reads as follows:
"Art. 55bis. The rights management corporation designated by the King under this chapter may obtain the information necessary to carry out its mission in accordance with section 78 to:
- of the Customs Administration and Access under section 320 of the General Act of 18 July 1977 on Customs and Access, replaced by the Act of 27 December 1993;
- of the T.V.A. Administration pursuant to article 93bis of the T.V.A. Code of 3 July 1969;
- and the National Social Security Office in accordance with the Act of 15 January 1990 on the institution and organization of a Social Security Bank.
Without prejudice to section 78, the Designated Rights Management Corporation may, upon request, provide information to Customs and T.V.A. administrations.
Without prejudice to section 78, the designated rights management corporation may disclose and receive information:
- Control and Mediation of the SPF Economy;
- rights management companies carrying on similar activities abroad, subject to reciprocity. "
Art. 4. Article 56, paragraph 1^erthe same law shall be replaced by the following:
"The remuneration referred to in Article 55 shall be determined by royal decree deliberated in the Council of Ministers. "
Art. 5. In the same law, an article 60bis is inserted:
"Art. 60bis. The rights management corporation designated by the King under this chapter may obtain the information necessary to carry out its mission in accordance with section 78 to:
- of the Customs Administration and Access under section 320 of the General Customs and Access Act of 18 July 1977, replaced by the Act of 27 December 1993;
- of the T.V.A. Administration pursuant to article 93bis of the T.V.A. Code of 3 July 1969;
- and the National Social Security Office in accordance with the Act of 15 January 1990 on the institution and organization of a Social Security Bank.
Without prejudice to section 78, the Designated Rights Management Corporation may, upon request, provide information to Customs and T.V.A. administrations.
Without prejudice to section 78, the designated rights management corporation may disclose and receive information:
- Control and Mediation of the SPF Economy;
- rights management companies carrying on similar activities abroad, subject to reciprocity. "
Art. 6. In section 61 of the Act, replaced by the Act of 22 May 2005, paragraph 3 is replaced by the following:
"In the three months of the communication of the notice, the King determines, by categories of technically similar apparatus that He defines, whether they are clearly used for the reproduction on paper or similar support of works. "
Art. 7. In section 65 of the Act, paragraphs 2 to 4 are deleted.
Art. 8. In the same law, an article 65bis is inserted, as follows:
"Art. 65bis. § 1^er. This management must be carried out by a company with a legal personality and limited liability, regularly incorporated in one of the countries of the European Union where it exercises lawfully an activity of a society of perception or distribution of these rights.
If the company is established in another Member State of the European Union, it must operate in Belgium through a branch established in Belgium.
Unless otherwise provided, the management companies established in another Member State of the European Union shall, exclusively with respect to their branches established in Belgium, be subject to all obligations arising from this Act and to the control of the supervisory service of copyright and related rights management companies to the Federal Public Service with the copyright in its powers, below the Supervisory Service.
Unless otherwise provided in this Act and without prejudice to paragraph 3, the terms "management company" refer to both the management companies established in Belgium and those established in another Member State of the European Union with respect to their branches established in Belgium.
§ 2. The associates of management companies established in Belgium must be authors, performers or performers, producers of phonograms or first fixations of films, publishers or their rights, having entrusted the management of all or part of their rights to the management company concerned. Management companies established in Belgium can also be among the partners of other management companies.
Without prejudice to articles 55, paragraph 5, 61, paragraph 4, 61quater, paragraph 3, 63, paragraph 2, and 65ter, § 1^erParagraph 1^er, a management company established in Belgium cannot refuse to admit as partners, individual beneficiaries.
The statutes of management companies established in Belgium give the right to persons referred to in paragraph 1^er, which they manage the rights to become their associates, on the basis of objective conditions established by the statutes applied in a non-discriminatory manner, and to be represented in the organs of society. "
Art. 9. In the same Act, an article 65ter is inserted, as follows:
"Art. 65ter. § 1^er. The management corporation is required to manage the rights recognized in this Act, when the licensee so requests and to the extent that it complies with the object and status of the corporation.
This management must be carried out in a fair and non-discriminatory manner.
§ 2. Management companies manage rights in the interest of eligible persons.
Management companies are structured and organized to minimize the risk that conflicts of interest between society and the rights of which they manage, or between the rights of the rights, do not adversely affect the interests of the rights-holders.
They develop rules relating to operations performed in the performance of their duties by staff, enforcement officers and representatives of the management company and in which they have a clear personal interest.
§ 3. The management company must separate, on the one hand, the heritage constituted by the rights collected and managed on behalf of the rights holders recognized in this Act and, on the other, the own heritage constituted by the remuneration of management services or the income of its other activities or its own heritage.
The amounts collected and managed by management companies on behalf of the holders of rights recognized in this Act and which have not yet been paid to the eligible persons are paid, on behalf of the eligible persons, under a separate heading, on a special account opened in a credit institution registered in one of the lists referred to in sections 13 and 65 of the Act of 22 March 1993 relating to the status and control of credit institutions. This credit institution must first give up the principle of the uniqueness of accounts and the legal and conventional compensation between the various accounts of the management company.
The amounts referred to in paragraph 2 may only be subject to non-speccal investments by management companies.
§ 4. The rights management companies have a management structure, an administrative and accounting organization and an internal control tailored to their activities.
After consultation with the Commission on Accounting Standards, the Institute of Business Reviewers and the companies responsible for managing the rights of the Committee established by section 78ter, the King shall determine the minimum requirements for the accounting and internal control of management companies referred to in paragraph 1^er.
The Management Corporations Control Service may request at any time the necessary data relating to the management structure, administrative and accounting organization and internal control of a management corporation.
If the Supervisory Service finds that a management company has committed serious or repeated breaches of the provisions of this Act, its enforcement orders or the provisions of its statutes and regulations and that, on the basis of the data available to it, it has clear indications that these offences are a consequence of a management structure or an administrative organization not adapted to its activities, it may make recommendations in this regard to the management company.
Within 3 months, the management company may decide whether or not to follow these recommendations. If it refuses to follow the recommendations, it must state the reasons for the recommendations within the same time limit to the Oversight Service.
If the Supervisory Service finds, after the management company's refusal to follow the recommendations, that it has not been corrected or terminated a serious or repeated offence to the provisions of this Act, its enforcement orders or the provisions of its statutes or regulations and demonstrates that this is due to a management structure or an administrative organization not appropriate to its activities, it may take the necessary measures as provided for in sections 77,
§ 5. If there are close ties between the management company and other natural or legal persons, these links cannot hinder the proper exercise of individual control or on a consolidated basis of the management company.
By close ties, it is necessary to hear:
1° a situation in which there is a link of participation or
2° a situation in which companies are companies linked to the meaning of the corporate code of 7 May 1999;
3° a relationship of the same nature as under 1° and 2° above between a natural person and a legal person;
Notwithstanding paragraph 2, are presumed to create close links to the following situations: administrative bodies composed by a majority of the same persons, head office or operating office located at the same address and long-term and significant direct or indirect links in terms of administrative or financial assistance, logistics, personnel or infrastructure. "
Art. 10. In the same Act, an article 65quater is inserted:
"Art. 65quater. § 1^er. The rights management companies cannot establish their annual accounts in accordance with the shortened scheme set out in section 93 of the Corporations Code of 7 May 1999.
After consultation with the Commission on Accounting Standards, the Institute of Business Reviewers and the companies responsible for the management of rights sitting in the Committee of Consultation established by Article 78ter, the King completes and adapts the rules established under Article 4, paragraph 6, of the Act of 17 July 1975 relating to the accounting of enterprises and the rules established pursuant to Article 92 of the Corporations Code of 7 May 1999 to that law.
The King may differentiate the rules that he sets under paragraph 2 according to the rights concerned.
§ 2. Regardless of the legal form or size of the rights management company, directors or managers of management companies make a management report in which they report on their policy. This management report contains the elements provided for in section 96 of the Corporations Code, as well as all data that the Act requires to be included in the management report.
The first paragraph also applies to management companies established in another Member State of the European Union with respect to their branches established in Belgium. The management report is prepared by the person in Belgium who is responsible for the administration of the branch of a management company established in another Member State of the European Union.
§ 3. Without prejudice to sections 95, 96 and 119 of the Code of Societies, the management report of the management company includes the following information:
1° for each section of perception defined in a homogeneous manner:
(a) the amount of rights collected;
(b) the amount of direct charges related to these perceptions and the amount of indirect expenses of the management company charged under this heading;
(c) the amount of rights distributed among eligible persons, the amount of rights paid to eligible persons, and the amount of rights still to be allocated.
2° the remuneration that the entitled persons are required to pay to the management company for the management services provided by the rights management company;
3° the financial data on which the remuneration referred to in 2° is calculated;
4° the determination on the one hand of all the resources of the management society and on the other hand of the rights perceived, and the consistency of them with their respective use.
§ 4. The rights management companies shall communicate to the Supervisory Service, for each accounting exercise, within six months of the closing of the relevant fiscal year, the information referred to in § 3.
In the same period, the information referred to in § 3, 1°, is also repeated on the web page of the management company in a clearly legible place and with clear references to the main menu of the web page.
§ 5. After consultation with the Accounting Standards Commission, the Institute of Business Reviewers and the Management of Rights Corporations in the Consultation Committee established by Article 78ter, the King may set out modalities according to which the data referred to in § 3 are presented. "
Art. 11. In the same Act, an article 65quinquies is inserted, as follows:
"Art. 65quinquies. The functions of manager, administrator, person in charge of the management of the Belgian branch of a foreign corporation or director may not be exercised in fact and/or legally within a management company, or represent companies carrying on such functions, persons who are subject to a judicial ban referred to in Articles 1^er 3 bis, §§ 1^er and 3, and 3ter of Royal Decree No. 22 of 24 October 1934 concerning the judicial prohibition of certain convicts and bankrupts, to perform certain functions, professions or activities.
The functions listed in paragraph 1^er may no longer be exercised:
1° by persons who have been sentenced to a sentence of less than three months' imprisonment or a fine for an offence provided for in Royal Decree No. 22 of 24 October 1934 above;
2° by persons who have been convicted for criminal offences:
(a) Articles 148 and 149 of the Act of 6 April 1995 relating to the status and control of investment enterprises;
(b) Articles 104 and 105 of the Act of 22 March 1993 relating to the status and control of credit institutions;
(c) Articles 38, paragraph 4, and 42 to 45 of Royal Decree No. 185 of 9 July 1935 on the control of banks and the regime of securities and values emissions;
(d) Articles 31 to 35 of the provisions relating to private savings funds, coordinated on 23 June 1962;
(e) Sections 13-16 of the Public Savings Calls Act of 10 June 1964;
(f) Articles 110 to 112ter title V of Book I of the Commercial Code or articles 75, 76, 78, 150, 175, 176, 213 and 214 of the Act of 4 December 1990 on financial transactions and financial markets;
(g) in article 4 of Royal Decree No. 41 of 15 December 1934 protecting savings through the regulation of the temperament sale of batch values;
(h) Articles 18 to 23 of Royal Decree No. 43 of 15 December 1934 concerning the control of capitalization companies;
(i) Articles 200 to 209 of the Commercial Corporations Acts, coordinated on 30 November 1935;
(j) sections 67 to 72 of Royal Decree No. 225 of 7 January 1936 regulating mortgages and organizing the control of mortgage companies or section 34 of the Mortgage Credit Act of 4 August 1992;
(k) Articles 4 and 5 of Royal Decree No. 71 of 30 November 1939 concerning the bonding of securities and the demarcation of securities and goods and goods;
(l) Article 31 of Royal Decree No. 72 of 30 November 1939 regulating the exchanges and futures markets of goods and commodities, the profession of brokers and intermediaries dealing with these markets and the regime of the exception of play;
(m) Article 29 of the Act of 9 July 1957 regulating temperament sales and their financing or sections 101 and 102 of the Consumer Credit Act of 12 June 1991;
(n) in article 11 of Royal Decree No. 64 of 10 November 1967 organizing the status of portfolio corporations;
(o) sections 53 to 57 of the Act of 9 July 1975 on the control of insurance companies;
(p) to articles 11, 15, § 4, and 18 of the Act of 2 March 1989 on the advertisement of important participations in publicly traded companies and regulating public tenders;
(q) in section 139 of the Act of 25 June 1992 on the land insurance contract;
(r) in section 2 of chapter VIII of this Act or section 10 of the Act of 30 June 1994 transposing into Belgian law the European Directive of 14 May 1991 concerning the legal protection of computer programmes;
3° by persons who have been convicted by a foreign court for one of the offences specified in 1° and 2°, Article 2 of the aforementioned Royal Decree No. 22 of 24 October 1934 is applicable in these cases.
The King may adapt the provisions of this article to align them with the laws that amend the texts listed therein. "
Art. 12. In the same law, an article 65sexies is inserted, as follows:
"Art. 65sexies. Persons who are responsible for the management or administration of a rights management corporation are subject to the provisions of Articles 527 and 528 of the Code of Societies, on the understanding that the violation of Chapter VII of this Act and its enforcement orders is assimilated to the violation of the Code of Societies. "
Art. 13. Section 66 of the Act is replaced by the following:
"Art. 66. § 1^er. Apart from the cases in which they are or are to be fixed by or under the law, the rights management companies shall stop the pricing rules, the rules of perception and the rules of distribution for all modes of operation for which they manage the rights of the right holders.
Management companies still have an updated and coordinated version of their tariff, collection and distribution rules. The updated and coordinated version of their pricing and collection rules is published on their website within one month of their latest update.
A person entitled to manage his or her rights to a management corporation is entitled to obtain within three weeks of his or her application a copy of the updated and coordinated version of the rules for the pricing, collection and distribution of that management company.
§ 2. Management companies take the measures to distribute the rights they receive within 24 months of their perception. The management report indicates the rights that have not been allocated within the twenty-four-month period from the perception of the rights, as well as the reasons for this lack of distribution. "
Art. 14. In the same law, an article 66bis is inserted, as follows:
"Art. 66bis. § 1^er. After consultation with the rights management companies, organizations representing rights debtors and organizations representing consumers sitting in the Committee for Consultation established by Article 78ter, the King sets out:
1° the minimum information to be contained in the documents relating to the collection of rights that are made to the public by management companies, without prejudice to other legal provisions;
2° the minimum information that must contain invoices from management companies without prejudice to other legal provisions.
The King may differentiate the minimum information referred to in paragraph 1^er, 1° and 2° depending on the rights concerned.
§ 2. After consultation with the rights management companies, organizations representing the rights debtors and organizations representing the consumers sitting on the Committee of Consultation established by article 78ter and without prejudice to the exclusive right of the authors and holders of neighbouring rights, the King may, taking into account the different categories of works and different modes of exploitation, set out the modalities for the administrative simplification of the perception by the rights management societies, of the remuneration for the performance of the "
Art. 15. In the same law, an article 66ter is inserted, as follows:
"Art. 66ter. After consultation with the Accounting Standards Commission, the Institute of Business Reviewers and the Business Rights Management Corporations in the Consultation Committee established by section 78ter and without prejudice to other legal provisions, the King may set out the minimum information to be dealt with in the documents relating to the management of the rights that are brought to the attention or used in respect of the persons entitled by the management companies in a manner that shall provide the persons entitled to the persons
The King may differentiate the minimum information referred to in paragraph 1^er according to the rights concerned. "
Art. 16. In the same Act, an article 66quater is inserted, as follows:
"Art. 66quater. § 1^er. Notwithstanding any provision to the contrary, the statutes, regulations or contracts of the companies may not prevent a person entitled to entrust the management of the rights of one or more categories of works or benefits of his or her repertoire to another corporation of his or her choice, or to ensure the management of the rights of another company of his or her own choosing.
As long as the person entitled to notify a notice of six months prior to the end of the accounting year, unless a shorter notice period is provided in the contract with the person entitled, the withdrawal of duties will take effect on the first day of the next fiscal year. When the notice of withdrawal is notified less than six months before the end of the fiscal year, or without meeting the time limit set out in the contract with the qualifying party when the person is less than six months, it will only take effect on the first day of the subsequent fiscal year.
The withdrawal of rights takes place without prejudice to the legal acts previously performed by society.
§ 2. The person who has a legitimate interest has the right to consult on-site or in writing the entire directory that management companies manage. If a person with a legitimate interest sends a written request to the management company in order to ascertain the ownership of a certain work, the company must provide the applicant with a full and written response within three weeks of receiving the request.
Management companies shall transmit to the Supervisory Service at the end of each accounting year an updated list with the name of all persons entitled to whom they have contracted the management of their rights, with the exception of those entitled to whom the rights are managed pursuant to contracts with other management companies established in Belgium or abroad. "
Art. 17. In the same law, an article 66quinquies is inserted, as follows:
"Art. 66quinquies. § 1^er. Rights management companies may not direct or indirect credit or loans. They may no longer be a direct or indirect guarantor of commitments made by a third party.
§ 2. They may only grant advances if each of the following conditions is met:
- they are granted on the basis of non-discriminatory rules. These rules are an essential element of the rules of distribution of the management company;
- the award of advances does not compromise the result of the final distribution. "
Art. 18. In the same law, an article 66sexies is inserted:
"Art. 66sexies. § 1^er. Without prejudice to Article 58, § 2, only the general assembly of the management society established in Belgium, deciding by a two-thirds majority of the associates present or represented, subject to more restrictive statutory provisions, may decide that not more than 10% of the rights collected may be affected by the management society for social, cultural or educational purposes. The General Assembly may also establish a general framework or general guidelines for the allocation of these sums.
The management of rights for social, cultural or educational purposes is carried out by the management society itself.
Management companies established in Belgium that affect in accordance with paragraph 1^er a portion of the rights collected for social, cultural or educational purposes must be separated from the accounts to reflect the resources allocated for these purposes and their effective use.
The allocation and use of rights by the rights management society for social, cultural or educational purposes is the subject of an annual report of the board of directors in which the allocation and use of these rights are indicated. This report is submitted to the General Assembly and provided for information to the Supervisory Service.
§ 2. Without prejudice to Article 58, § 2 and the more restrictive legal provisions of the Member State in which they are established, the management societies established in another Member State of the European Union may decide that not more than 10% of the rights collected in Belgium may be affected for social, cultural or educational purposes.
The management of rights for social, cultural or educational purposes is carried out by the management society itself.
Management companies established in another Member State of the European Union that affect in accordance with paragraph 1^er a portion of the rights collected for social, cultural or educational purposes must be separated from the accounts to reflect the resources allocated for these purposes and their effective use.
The allocation and use of rights by the rights management society for social, cultural or educational purposes is reported annually by the management or administration body in which the allocation and use of these rights are indicated. This report is submitted to the General Assembly and provided for information to the Supervisory Service. "
Art. 19. Section 67 of the Act is replaced by the following:
"Art. 67. § 1^er. The companies referred to in section 65 that intend to operate in Belgium must be authorized by the Minister who has the copyright in his or her powers before commencing their activities.
§ 2. Authorization is granted to companies that meet the conditions set by sections 65bis to 65quinquies, 66quater, 66quinquies and 66exies.
The conditions for granting the authorization for a management company incorporated in another EU country shall not duplicate the requirements and controls equivalent or substantially comparable due to their purpose, to which the management company in that country is already subject.
§ 3. Any request for authorization is sent to the Minister by registered mail.
The King determines the information and documents that must accompany the request for authorization.
Within two months of the application, the Minister or his or her delegate shall provide the applicant with an acknowledgement of receipt if the file is complete. Otherwise, he informs the complainant that the file is not complete by indicating the missing documents or information. The Minister or his delegate shall issue the acknowledgement of receipt for the complete record within two months of receipt of the missing documents or information.
The Minister shall decide within three months of the notification indicating that the record is complete. If, within this period, the applicant shall attach additional information or documents to the applicant's request, the three-month period shall be extended by two months. The decision shall be notified to the applicant within fifteen days by a recommended consignment.
The authorization is published within 30 days to the Belgian Monitor.
When the refusal of the authorization is considered, the Minister or the person designated for this purpose shall notify, in advance, his grievances to the management company concerned by registered mail with acknowledgement of receipt. It shall inform the management corporation that, as of the date of such notification, it shall have a period of two months to consult the record that has been constituted, be heard by the Minister or the person designated for that purpose, and make its means. This two-month period suspends the three-month period referred to in paragraph 4. The decision is notified within fifteen days by registered mail.
§ 4. The Minister may fully or partially withdraw an authorization if the conditions under which the Minister is granted are not or more respected, as well as when the corporation commits or has committed serious or repeated breaches of the provisions of this Act, its enforcement orders or the provisions of its statutes or regulations.
When the withdrawal of the authorization is contemplated, the Minister shall first notify the management company concerned by registered mail with acknowledgement of receipt. It shall inform the management corporation that, as of the date of such notification, it shall have a period of two months to consult the record that has been constituted, be heard by the Minister or the person designated for that purpose, and make its means.
The Minister determines the date on which the withdrawal comes into force. Any withdrawal is published to the Belgian Monitor within thirty days of the withdrawal decision. Between the date of notification of the withdrawal decision to the management company and the date of entry into force of the withdrawal, without prejudice to section 67bis, the management company shall take the prudent and expeditious measures to cease the management activities for which the authorization is withdrawn. It shall, in particular, immediately notify, in accordance with the terms and conditions established by the Minister, the rights holders who have entrusted the Minister with the management of their rights, the withdrawal decision and the effective date of the Minister.
On the effective date of the withdrawal of the authorization, it is a resolution of the contracts by which the rights holders entrust the management of their rights to the management company. In the event of a partial withdrawal, the contracts are terminated as they relate to the activity for which the authorization was withdrawn.
§ 5. As of the date of the publication to the Belgian Monitor of the decision to withdraw the authorization, are paid to the credit union of deposits and consignations, on an account opened on the initiative of the special commissioner(s) referred to in section 67bis, mentioning in the heading the name of the company whose authorization is withdrawn:
1° the rights still due for periods prior to the effective date of the withdrawal decision;
2° the rights subject to compulsory collective management that are still due for periods after this entry into force, if, on the date of the entry into force of the decision to withdraw the authorization, there is no other management company authorized to manage these rights for the same class of eligible persons.
The management of the account referred to in the preceding paragraph is the sole responsibility of the special commissioners referred to in section 67bis.
§ 6. The actions and decisions of the company whose authorization has been withdrawn, which notwithstanding the decision to withdraw, are null and void.
Art. 20. In the same law, an article 67bis is inserted, as follows:
"Art. 67bis. The Minister may designate one or more special commissioners for the period of time determined by the Minister to have the required legal, financial and accounting skills, replacing the competent bodies for the purposes and within the limits of the implementation of the termination of the management activities for which the authorization is withdrawn. At the end of their mission, special commissioners can be assisted by any expert.
The Special Commissioner(s) referred to in paragraph 1^er the mission is to make the distribution of the rights referred to in Article 67, § 5, in accordance with the rules of distribution of the management corporation or, if they have been found to be non-compliant with the law or the statutes of the management society, in accordance with the rules of distribution that they set. Preliminarily, draft distribution rules are communicated to the Supervisory Service for advice. The Panel renders its notice within 15 days of receipt of the projects. For the purposes and within the limits of the implementation of the termination of management activities for which the authorization is withdrawn, the Commissioner(s) referred to in paragraph 1^er, are authorized to extend contracts for the collection and management of rights.
The emoluments of the Special Commissioner(s) are fixed by the Minister according to a scale established by the King and are due by the corporation whose authorization has been withdrawn. They are advanced by the organic fund established pursuant to section 76bis and are recovered by the Federal Public Service with copyright in its dependant powers of the corporation whose authorization has been withdrawn.
The Special Commissioner(s) shall provide at least once a quarterly written report of their activities to the appropriate Minister for copyright.
The mission of the Special Commissioner(s) is terminated by a decision of the Minister. "
Art. 21. Section 68 of the Act is replaced by the following:
"Art. 68. § 1^er. The control within the management companies established in Belgium of the financial situation, the annual accounts and the regularity with respect to this Act, its enforcement orders, the regulations and the rules of distribution, the transactions recorded in the annual accounts and the consolidated annual accounts, shall be entrusted to one or more commissioners chosen from among the members of the Institute of Business Reviewers, regardless of the size of the management company.
All provisions of the Code of Societies relating to the commissioners, their mandate, their duties and competencies, the terms and conditions of designation and resignation shall apply to the commissioners referred to in paragraph 1^er.
§ 2. The control within the management companies established in another Member State of the European Union with respect to their branches established in Belgium, the financial situation, the annual accounts and the regularity vis-à-vis this Law, its enforcement orders, the statutes and the rules of distribution, and the transactions recorded in the annual accounts, is entrusted to one or more revisors chosen from among the members of the revisors' institute, "
Art. 22. In the same law, an article 68bis is inserted, as follows:
"Art. 68bis. The Supervisory Service may at any time ask the Commissioner or Reviewer to a Management Corporation for evidence that the Commissioner or Reviewer is not subject to disciplinary action.
The Commissioner or Reviewer who has been subject to a disciplinary penalty shall inform the Supervisor Service and the management company concerned of this disciplinary measure within five working days of the significance of this measure by the Institute of Business Reviewers. "
Art. 23. In the same Act, an article 68ter is inserted, as follows:
"Art. 68ter. In the event of the resignation of the Commissioner or the Registrar in the management company, the Supervisor shall notify the Supervisor within five working days of the notification of the resignation.
Within five business days after the revocation by the management company of the terms of reference of Commissioner or Reviewer carried out in accordance with the provisions of the Corporations Code, the management company shall notify the Supervisory Service of this revocation. "
Art. 24. In the same Act, an article 68quater is inserted, as follows:
"Art. 68quater. § 1^er. Without prejudice to the missions entrusted to the Commissioner or reviser by or under other legal provisions, the Commissioner's mission or designated reviewer to a management corporation consists of:
1° ensure that the management company has adopted the appropriate administrative and accounting and internal control measures for compliance with this Act and its enforcement orders. This mission is the subject of a special report each year to the Board of Directors, provided for information to the Supervisory Service;
2° in the context of their mission to the rights management company or a revisoral mission to a natural or legal person with whom the management company has close links, within the meaning of Article 65ter, § 5, paragraph 2, make an initiative in relation to the directors or managers of the management society as soon as they find:
(a) decisions, facts or developments that have a significant influence or influence on the situation of the rights management society from a financial perspective or from the perspective of its administrative and accounting organization or internal control;
(b) decisions or facts that may constitute an infringement of the Corporations Code, the accounting legislation, the statutes of the corporation, the provisions of this chapter and its enforcement orders;
(c) other decisions or facts that are likely to result in a statement with reservation, negative opinion, or a statement of forbearance.
A copy of the reports provided for in the previous paragraph, under 1° and 2°, is communicated by the Commissioner simultaneously to the Supervisory Service. The Supervisory Service shall not take any action in relation to the data contained in these reports for a period of fifteen days from the date of the communication of this report in order to allow the rights management company to transmit its comments to the Commissioner or Reviewer and the Supervisory Service.
§ 2. No civil, criminal or disciplinary action may be brought or any professional sanction imposed against the commissioners or reviewers who have proceeded in good faith to an information referred to in § 1^erParagraph 1^erTwo.
Commissioners and reviewers are dismissed from their professional secrecy with respect to the Minister and the Supervisory Service when they find a breach of the Corporations Code, accounting legislation, the corporation's statutes, the provisions of this chapter or its enforcement orders.
§ 3. The Commissioner may request information relating to the physical or legal persons with whom the management company has close links within the meaning of section 65ter, § 5, paragraph 2. "
Art. 25. Section 69 of the Act is replaced by the following provision:
"Art. 69. § 1^er. The funds raised which, in a certain way, cannot be allocated are distributed among the beneficiaries of the category concerned by the management companies established in Belgium, in accordance with the terms approved by a two-thirds majority in the general assembly.
In the absence of such a majority, a new general assembly specially summoned to this effect statue by a simple majority.
The use of these amounts is the subject of a special report of the Commissioner each year.
§ 2. The funds that are collected in Belgium by management companies established in another Member State of the European Union and which, in a certain way, cannot be allocated shall be distributed among the beneficiaries of the category concerned by the management companies established in another Member State of the European Union.
The use of these amounts is the subject of a special report of the reviser each year. "
Art. 26. In the same law, an article 69bis is inserted, as follows:
"Art. 69bis. Without prejudice to the specific derogatory provisions, shares in payment of fees collected by management companies are prescribed by ten years from the date of their perception. This period is suspended from the date of their perception until the date of their distribution. "
Art. 27. In article 70, single paragraph, 7°, of the same law, the words "articles 13, paragraph 2" are replaced by the words "articles 13, § 3".
Art. 28. Section 75 of the Act is replaced by the following:
"Art. 75. Notwithstanding any provision to the contrary, rights management companies shall communicate to the Supervisory Service at least sixty days before their examination by the competent body, the draft amendments to the statutes and the rules for the pricing, collection and distribution of rights.
The Supervisory Service may require that the comments it makes regarding these projects be brought to the attention of the competent body of the company. These observations and responses must be included in the minutes of the competent body. "
Art. 29. In the same law, an article 75bis is inserted:
"Art. 75bis. § 1^er. The management companies established in Belgium shall transmit to the Supervisory Service a copy of the accounting statement issued each semester to the commissioners in accordance with Article 137, § 2, paragraph 3 of the Code of Societies.
The management companies established in another Member State of the European Union shall transmit to the Supervisory Service at least every semester a statement of account for the activities of their branches established in Belgium and prepared in accordance with the balance sheet and results account.
§ 2. Management companies provide the Supervisory Service once a year with a coordinated and up-to-date version of their tariff, collection and distribution rules. "
Art. 30. Section 76 of the Act, as amended by the Act of 3 April 1995, is replaced by the following:
"Art. 76. § 1^er. The Supervisory Service of copyright and related rights management companies to the Federal Public Service with copyright in its powers, below the Supervisory Service, shall ensure the application of this Act and its enforcement orders by the rights management companies and the application of their statutes and rules of pricing, perception and distribution.
§ 2. Without prejudice to the powers of judicial police officers, the officers of the Supervisory Service, designated for this purpose by the Minister, are also competent to investigate and determine the offences referred to in section 78bis.
§ 3. Without prejudice to paragraphs 4 to 6, the officers of the Supervisory Service are bound by a confidentiality obligation with respect to the confidential information they are aware of in the course of the performance of their duties. They shall not, at the end of their duties, exercise for a year no function in a corporation subject to the control provided for in this Act or in a large corporation within the meaning of Article 15 of the Code of Companies, of which more than half of the proceeds of exploitation are directly derived from the exploitation in Belgium of works or protected benefits.
§ 4. The Supervisory Service may in the performance of the tasks assigned to it be assisted by independent experts who report to them. These experts are bound by a confidentiality obligation with respect to the confidential information they are aware of in their mission.
§ 5. The Control Service may:
1° transmit confidential information in the course of legal proceedings initiated after a management company has been declared bankrupt or has been granted a concordat;
2° disclose confidential information concerning management companies:
(a) injunction of a court;
(b) the Belgian or European authorities responsible for ensuring compliance with legislation on the protection of economic competition;
(c) bodies involved in the liquidation and bankruptcy of management companies or other similar procedures;
(d) persons responsible for the legal control of the accounts of management companies;
(e) the authorities responsible for monitoring the bodies involved in the liquidation and bankruptcy of management companies and other similar procedures.
Information may only be communicated pursuant to paragraph 2 for the purpose of the delivery by the consignee of the legal mission as described in paragraph 1^er.
As long as this does not prejudice the accomplishment of its mission by the recipient of the information provided by the Supervisory Service, a copy of the information is provided to the Board of Directors of the management company concerned.
§ 6. Each year, a report of activities containing differentiated data according to the legal provisions that confer on the Federal Public Service with copyright in its powers, a monitoring mission of rights management companies, is made public. This report will distinguish between requests for information, complaints from the debtors and the right holders and the initiatives of the Supervisory Service and their results by category of work and mode of operation. Based complaints will be published by management company.
The report provides a true picture of the collective management sector and reports on the specific role and financial situation of management companies and recent developments in this sector. "
Art. 31. In the same law, an article 76bis is inserted:
"Art. 76bis. § 1^er. It is established an organic fund for the control of rights management companies.
Revenues to the Fund referred to in paragraph 1^er, as well as the expenses that may be allocated to it, are listed in the table annexed to the Organic Law of 27 December 1990 creating budgetary funds.
§ 2. To feed the fund referred to in § 1^er and in accordance with the terms set by the King, any management company is required to pay an annual contribution.
In the event of a withdrawal of authorization under this Act, the management corporation shall remain subject to the contribution obligation until December 31 of the year in which the withdrawal decision comes into force.
The contribution is unique and indivisible.
§ 3. The contribution of each company is calculated on the basis of copyrights and neighbouring rights it perceives on the national territory and on the basis of copyright and neighbouring rights it perceives abroad on behalf of persons residing in the national territory.
§ 4. The contribution due by each rights management company consists of a percentage of the calculation base defined in § 3.
This percentage must meet the following conditions:
1° without prejudice to paragraph 3, be identical for all rights management companies;
2° allow the total proceeds of contributions to cover all costs resulting from the control exercised under Chapter VII of this Act;
3° not exceeding 0.4 percent of the calculation base defined in § 3.
The King determines the percentage of the calculation base meeting the conditions referred to in the preceding paragraph.
The percentage may not exceed 0.1% of the calculation base defined in § 3, for the contribution due by the representative management societies of all the rights management companies, designated by the King under articles 55, paragraph 5, 61, paragraph 4, 61quater, paragraph 3, and 63, paragraph 2, with respect to compensation rights, collected by these companies, respectively referred to in articles 55, 59, 62, 61bis
§ 5. Not included in the calculation base defined in § 3, the rights collected by management companies provided that:
1° these rights relate exclusively to acts of exploitation performed abroad;
2° these rights shall be paid in full, if any after the removal of a management board, by the management company having the seat of its economic activity or a branch in Belgium to one or more management companies having the seat of their economic activity abroad, and
Only 3° the management company(s) referred to in 2° that have the seat of their economic activity abroad shall distribute these rights.
§ 6. The organic fund may present a deficit as long as in the same fiscal year this situation is cleared on the basis of revenues realized so that the fiscal year can be closed with a positive balance.
§ 7. Without prejudice to the other sanctions provided for in Chapter VII, the Minister of Finance may, at the request of the Minister with copyright in his or her powers, charge the Federal Public Service Finance with respect to the collection of outstanding contributions. "
Art. 32. In the same law, an article 76ter is inserted, which reads as follows:
"Art. 76ter. The rights management companies must retain all data relating to the pricing, collection and distribution of rights either at the head office of the Belgian companies or at the Belgian branch of the companies established in another Member State of the European Union or at any other place previously approved by the Minister or the agent commissioned for that purpose.
In the case of companies established in another Member State of the European Union, the obligation referred to in the preceding paragraph relates to documents relating to the pricing, collection and distribution of rights generated in Belgium and the rights of legal persons established or resident in Belgium.
Without prejudice to other legal provisions that require a longer period of time, the time limit for the documents referred to in paragraph 1^er and 2 shall be retained for ten years from the apportionment of the amounts to which they relate. "
Art. 33. Section 77 of the Act is replaced by the following:
"Art. 77. § 1^er. Where, after hearing, it is found that the rights management corporation is not aware of the provisions of this Act, its enforcement orders, its statutes or its tariff, collection or distribution rules, or that a person exercises without the authorization required under section 67, a management activity within the meaning of section 65, the Supervisory Service may address the management corporation or the person exercising a notice of non-compliance.
§ 2. The warning shall be notified to the management corporation or to the person engaged in an unauthorized management activity by a registered consignment with acknowledgement of receipt or by a copy of the fact-finding report.
The warning mentions:
1° the facts charged and the provisions broken;
2° the period in which it must be corrected by the breach;
3° that if it has not been remedied to the observed failure:
(a) the Minister may bring one of the legal actions referred to in section 77quinquies and/or take the administrative penalties referred to in sections 67 and 77quater;
(b) in the event of an offence under section 78bis, without prejudice to the measures referred to in (a) the agents designated by the Minister, may notify the Crown Prosecutor, or apply the settlement by way of transaction under section 77ter. "
Art. 34. In the same law an article 77bis is inserted, as follows:
"Art. 77bis. § 1^er. In the exercise of their functions referred to in Article 76, §§ 1^er and 2, officers of the Oversight Service, commissioned by the Minister, may:
1° to be produced, on first request and without displacement, the documents, documents or books required for their research and findings and to be copied;
2° for a preliminary warning of at least five working days, or without prior warning, if they have reason to believe that an offence referred to in section 78bis exists, enter during the usual hours of opening or working, in offices, premises, workshops, buildings, adjacent courses whose access is necessary to carry out their mission and make all the necessary findings and if necessary to seize against receipt 1 §^er and 2, or to seek the authors, co-authors or accomplices of such an offence;
3° without prior notice, if they have reason to believe that an offence referred to in section 78bis exists, visit inhabited buildings with the prior authorization of the president of the court of first instance, provided that the inhabited buildings include premises assigned in whole or in part to the exercise of the activity referred to in section 65; visits to inhabited premises are between eight and eighteen hours and are made jointly by at least two agents.
In order to verify whether a person carries out a management activity under section 65 without the authorization provided for in section 67, the officers of the Supervisory Service, designated by the Minister, shall have the same powers as they are recognized by that subsection.
§ 2. In the exercise of their function, the agents referred to in § 1^er may require police assistance.
§ 3. Without prejudice to their subordination to their superiors in the administration, the agents referred to in § 1^er exercise the powers conferred upon them under § 1^er and 2 under the supervision of the Attorney General and the Federal Prosecutor with respect to the tasks of investigating and detecting offences referred to in section 78bis.
§ 4. In the event of the application of section 77, the record of an offence referred to in section 78bis shall be transmitted to the Crown Prosecutor only when the notice has not been followed. In the event of the application of section 77ter, the minutes are transmitted to the King's Prosecutor only when the offender has not accepted the proposed transaction. "
Art. 35. In the same law, an article 77ter is inserted, as follows:
"Art. 77ter. The officer specially designated for this purpose by the Minister may, in the light of the minutes that find an offence under section 78bis, §§ 1^er and 2, propose to the offenders the payment of a sum that extinguishes public action.
The rates as well as the payment and collection modalities are fixed by the King.
The amount set out in paragraph 1^er may not exceed the maximum of the fine provided for in section 78bis plus additional decimals.
The payment made within the specified time limit extinguishes the public action unless a complaint has been sent to the King's Prosecutor, the investigating judge has been required to instruct or the court has been seized of the fact. In this case, the sums are returned to the offender. "
Art. 36. In the same Act, an article 77quater is inserted, as follows:
"Art. 77quater. § 1^er. Without prejudice to the other measures provided by law, if, at the end of the period set out in section 77, the failure found to be corrected, the Minister or the officer specially designated for that purpose may, the management corporation or the person carrying on an unauthorized management activity having been able to assert their means, pursuant to paragraph 2:
1° to publish that, notwithstanding the period set out in accordance with section 77, the management corporation or the person engaged in an unauthorized management activity has not complied with this Act, its enforcement orders, its statutes or its rules of collection, pricing or distribution;
2° suspend or prohibit, in whole or in part, for the duration that it determines the direct or indirect exercise of the management activity referred to in section 65 carried out without authorization.
Where any of the measures referred to in paragraph 1^er, is considered, the Minister or the officer specially designated for this purpose shall notify, in advance, his or her grievances to the management corporation concerned or to the person performing an unauthorized management activity, by registered mail with acknowledgement of receipt. It shall be known to the management corporation or to the person engaged in an unauthorized management activity only as of the date of that notification, it shall have a period of two months to consult the record that has been constituted, be heard by the Minister or the agent that it designates for that purpose and make its means.
A person engaged in an unauthorized management activity who performs acts or makes decisions in violation of the suspension or prohibition is responsible for the resulting harm to third parties.
When the person referred to in the preceding paragraph is a legal person, the members of the administrative and management bodies and the persons responsible for the management who perform acts or make decisions in violation of the suspension or prohibition are jointly liable for the harm caused to the third parties.
The suspension or prohibition decision is published in the Belgian Monitor. The acts and decisions in violation of the latter are null and void.
§ 2. The decisions of the Minister referred to in § 1^er effect in respect of the management company or the person concerned on the date of their notification to the company or the person concerned by registered mail with acknowledgement of receipt and, in respect of third parties, on the date of their publication to the Belgian Monitor in accordance with the provisions of § 1^er. "
Art. 37. In the same law, an article 77quinquies, which reads as follows:
"Art. 77quinquies. § 1^er. If, at the end of the period referred to in section 77, the Minister may, without prejudice to the other measures provided by law, request the President of the Court of First Instance or, if the defendant is a merchant, the Minister's choice, the President of the Court of Commerce or the President of the Court of First Instance, to:
1st note the existence and order the termination of the breach of the provisions of this Act, enforcement orders and the statutes of the management company and its rules of pricing, perception and distribution;
2° if the failure to comply with the legal obligations of the management company is likely to cause serious and imminent harm to the interests of the right-holders, substitute for the boards of administration and management of the corporation one or more provisional directors or managers who have, alone or collegially, the powers of the replaced persons. The president of the court determines the duration of the mission of the provisional directors or managers.
§ 2. The actions referred to in § 1^er are trained and educated according to the forms of the referee.
It may be filed by contradictory request in accordance with articles 1034ter to 1034sexies of the Judicial Code.
It is decided on the action notwithstanding any prosecution due to the same facts before a criminal court.
The President of the competent court may order the posting of the judgment or summary that he or she shall prepare during the period that he or she determines both within and outside the premises of the defendant and at the expense of the defendant, as well as the publication of the judgment or summary at the defendant's expense through the newspapers or in any other manner.
The judgment shall be enforceable by provision, notwithstanding any remedy, and without bail.
Any decision shall be communicated to the Minister unless the decision has been made at the request of the Registrar of the competent court in the eighty-year period. In addition, the Clerk is required to promptly inform the Minister of the appeal against any decision made under this section. "
Art. 38. In the same law, an article 78bis is inserted:
"Art. 78bis. § 1^er. A fine of 250 to 50,000 euros shall be punished, those who commit an offence to the provisions provided for by or under the articles:
1° 65bis, § 1^er;
2° 65ter, § 3;
3° 65quater, § 1^er and § 2;
4° 65quinquies;
5° 66quinquies, § 1^er;
6° 66sexies;
7° 67, § 1^er.
§ 2. A fine of between 1,000 and 2.0000 euros shall be punished by those who intentionally prevent or hinder the execution of the mission of the persons referred to in Article 77bis in order to seek and observe the offences or breaches of the provisions of this Act.
§ 3. A fine of 250 to 20,000 euros is imposed on those who, as an independent commissioner or expert, have attested, approved or confirmed accounts, annual accounts, balance sheets and results accounts or consolidated accounts, periodic reports, transactions or information where the provisions of Chapter VII or the orders made for its execution have not been complied with knowing that they had not been.
§ 4. A fine of 250 to 20,000 euros is imposed, those who do not pay the contributions due to the organic fund for the control of rights management companies, those who do not pay them in full or do not pay them in a timely manner.
§ 5. When the facts submitted to the court are the subject of an action on termination, it can only be decided on criminal action after a decision in force of judgment has been made with respect to the action on termination.
§ 6. The provisions of Book 1^er the Criminal Code, without exception of Chapter VII and Article 85, shall apply to offences under this section.
Without prejudice to the application of the usual recidivism rules, the penalties provided for in § 1^er are doubled in the event of an offence occurring within five years of the date of a conviction cast in force of something deemed pronounced by the head of the same offence.
By derogation from section 43 of the Criminal Code, the court shall, when making a conviction for any of the offences referred to in this section, determine whether special confiscation is warranted. This provision is not applicable in the case of recidivism referred to in paragraph 2 of this paragraph.
Upon the expiration of a period of ten days from the date of delivery, the Registrar of the Court or the Court shall be required to notify the Minister by ordinary letter, any judgment or judgment relating to an offence referred to in this section.
The Clerk is also required to promptly notify the Minister of any appeal against such a decision.
§ 7. The court may order the posting of the judgment or summary that it prepares during the period that it determines both within and outside the offender's institutions and at the expense of the offender, and the publication of the judgment or summary at the offender's expense through the newspapers or in any other manner; it may also order the confiscation of the illicit profits realized in favour of the offence. "
Art. 39. In the same law, an article 78ter is inserted, as follows:
"Art. 78ter. A committee shall be established with the Federal Public Service with copyright in its powers to organize the consultation for the development of the enforcement measures of Chapter VII.
This committee that meets at least once a year is composed of representatives:
1° of management companies authorized to operate in Belgian territory;
2° organizations representing debtors of rights, designated by the Minister;
3° of organizations representing consumers, designated by the Minister;
4° of the Institute of Business Reviewers;
5° of the Accounting Standards Commission.
The King determines the composition, terms and conditions of appointment of its members and the organization and operation of the committee. "
CHAPTER 3
Art. 40. This Act is evaluated in the fourth year after the date of its entry into force by the Division "Office of Intellectual Property" of the Directorate General Regulation and Market Organization of the Federal Public Service Economy.
The report of this evaluation is forwarded to the House of Representatives by the competent minister for copyright.
CHAPTER 4. - Amendments to the Act of 27 December 1990
establishing budgetary funds
Art. 41. The table annexed to the Act of 27 December 1990 establishing budgetary funds is supplemented as follows:
« 32- Fund for the control of copyright and related rights management companies.
Nature of income affected:
Annual contribution to fund the control of rights management companies under the Act of 30 June 1994 on copyright and neighbouring rights.
Nature of authorized expenditures:
Payment of expenses to the Federal Public Service with copyright in its powers, pursuant to the provisions of Chapter VII of the Copyright and Neighbouring Rights Act of 30 June 1994 or its Implementing Orders. "
CHAPTER 5. - Interpretive provision
Art. 42. Article 2, paragraph 2 of the Act of 20 May 1997 on the financing of the control of copyright and neighbouring rights management companies provided for in the Act of 30 June 1994 on copyright and neighbouring rights is interpreted in that sense that the rights collected by management companies are not included in the computational basis, provided that:
1° these rights relate exclusively to acts of exploitation performed abroad;
2° these rights shall be in full set aside, if any after the removal of a management board, by the management company having the seat of its economic activity or a branch in Belgium to one or more management companies having the seat of their economic activity abroad, and
Only 3° the management company(s) referred to in 2° that have the seat of their economic activity abroad shall distribute these rights.
CHAPTER 6. - Abrogatory provision
Art. 43. The Act of 20 May 1997 on the financing of the control of copyright and related rights companies provided for in the Copyright and Neighbouring Rights Act of 30 June 1994 is repealed.
CHAPTER 7. - Transitional provision
Art. 44. Without prejudice to the obligation to comply with the obligations set out in this Act, the authorizations given by the Minister prior to the coming into force of this Act shall remain in force except for their withdrawal decided in accordance with section 67, § 4, inserted in the Act of 30 June 1994 by this Act.
CHAPTER 8. - Entry into force
Art. 45. This Act comes into force on the first day of the fourth month following the one in which it was published in the Belgian Monitor, with the exception of this article, which comes into force on the day of the publication of this Act to the Belgian Monitor and with the exception of the following provisions which come into force for each of them on the date fixed by the King:
1° Article 4;
2° Article 6;
3° Article 9, with respect to Article 65ter, §§ 3 and 4;
4° Article 10;
5° Article 18;
6° Article 19, with respect to Article 67, §§ 1^er to 3;
7° Article 24;
8° Article 31;
9° Article 38, with respect to Article 78bis, § 1^er, single paragraph, 2°, 3°, 6°, 7°, § 3, § 4;
10° Article 39;
11° Article 41;
12° Article 43. "
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 10 December 2009.
ALBERT
By the King:
Deputy Prime Minister and Minister of Finance,
D. REYNDERS
Minister of Justice,
S. DE CLERCK
Minister for Business and Simplification,
VAN QUICKENBORNE
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
Note
(1) Regular session 2008-2009.
House of Representatives.
Parliamentary documents. - Bill No. 2051/1. - Amendments, no. 2051/2. - Report made on behalf of the commission, no. 2051/3. - Text adopted in Commission No. 2051/4. - Text adopted in Commission No. 2051/5. - Errata, no. 2051/6 and 2051/7. - Text adopted in plenary and transmitted to the Senate, No. 2051/8.
Full report: 15 July 2009.
Senate.
Parliamentary documents. - Project not referred to by the Senate, No. 4-1407/1.