Law Approving The Cooperation Agreement Of 2 March 2007 Concerning The Implementation Of The Convention On The Prohibition Of The Development, Production, Storage And Use Of Chemical Weapons And On Their Destruction (1) (2)

Original Language Title: Loi portant assentiment à l'Accord de coopération du 2 mars 2007 concernant l'exécution de la convention sur l'interdiction de la mise au point, de la fabrication, du stockage et de l'emploi des armes chimiques et sur leur destruction (1) (2)

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Posted the: 2009-04-02 Numac: 2009201465 FEDERAL CHANCELLERY of the Prime Minister PUBLIC SERVICE June 4, 2007. -Act for consent to the cooperation agreement of 2 March 2007 concerning the implementation of the convention on the prohibition of the development, production, Stockpiling and use of chemical weapons and on their destruction (1) (2) ALBERT II, King of the Belgians, to all present and future salvation.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2 consent is given to the cooperation agreement of March 2, 2007, between the federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region on the implementation of the Convention on the prohibition of the development, production, storage and use of chemical weapons and on their destruction, done at Paris on 13 January 1993.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given to Brussels, June 4, 2007.
ALBERT by the King: the Minister for Foreign Affairs, K. DE GUCHT the Deputy Prime Minister and Minister of Justice, Ms. L. ONKELINX Deputy Prime Minister and Minister of Finance, D. REYNDERS the Deputy Prime Minister and Minister of the Interior, P. DEWAEL the Minister of defence, A. FLAHAUT Notes (1) parts.
Senate session 2006/2007.
NO. 3 - 2386.
1 Bill.
2. report.
See annals of the Senate April 19, 2007.
House of representatives session 2006/2007.
Doc. 51 3084/1, draft transmitted by the Senate.
Doc.
51 3084/2, text adopted in plenary meeting and submitted to Royal assent.
Complete record of April 24, 2007.
(2) other references.
-Flemish authority: July 4, 2008. -Decree approving the cooperation agreement of 2 March 2007 between the federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region on the implementation of the convention on the prohibition of the development, production, storage and use of chemical weapons and on their destruction, done at Paris on 13 January 1993 (published August 29, 2008).
-Ministry of the Walloon Region: March 21, 2008. -Decree approving the cooperation agreement of 2 March 2007 between the federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region on the implementation of the convention on the prohibition of the development, production, storage and use of chemical weapons and on their destruction, done at Paris on 13 January 1993 (published April 15, 2008).

-Ministry of the Brussels-Capital Region: July 19, 2007. -Order approving the cooperation agreement of 2 March 2007 between the federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region on the implementation of the convention on the prohibition of the development, production, storage and use of chemical weapons and on their destruction, done at Paris, 13 January 1993 (published 24 August2007) cooperation agreement between the federal State the Flemish Region, the Walloon Region and the Brussels-Capital Region on the implementation of the convention on the prohibition of the development, production, storage and use of chemical weapons and on their destruction, done at Paris, 13 January 1993 (the Convention) having regard to the Special Act of 8 August 1980, including article 6 institutional reforms , § 1, VI;
Having regard to the Act of 20 December 1996 concerning consent to the Convention;
Having regard to Decree of the Flemish Region of 24 October 1996 on the consent to the Convention;
Having regard to Decree of the Walloon Region of 5 December 1996 concerning consent to the Convention;
Having regard to the order of the Region of Brussels - capital of 18 July 1996 concerning consent to the Convention;
Whereas the implementation of the Convention falls partly federal and partly of regional competence as provisions fall within both federal and regional jurisdiction;
Whereas, under article 6, § 1, VI, first subparagraph, 4 °, of the Special Act of 8 August 1980, as repealed by the Special Act of 16 July 1993 and restored by the Special Act of 12 August 2003, the Regions are competent for "import, export and transit of weapons, ammunition, and equipment for use especially in military use or maintenance of the order and technology y related as well as products and" dual use technologies, without prejudice to federal jurisdiction for import and export for the army and the police and in the fulfilment of the criteria defined by the code of conduct of the European Union on arms exports";
Whereas implementation coordinated and effective of these provisions is necessary not only to not confront the operators of facilities covered by these provisions to insufficiently harmonized rules or which overlap but also to be able to act in a rapid and coordinated manner as part of the clarification process, on-site inspections and international routine inspections;
Whereas only a cooperation agreement, negotiated and concluded by the Governments federal and regional and subject to the approval of federal and regional legislators, provides a sufficient legal guarantee for the adoption of a uniform regulation on the whole Belgian territory;
Whereas this cooperation agreement will acquire force of law by adopting respectively an act of assent, consent and an order of consent decrees;
The federal State, represented by the Minister of Justice, the Minister of finance, the Minister of the Interior, the Minister for Foreign Affairs and the Minister of defence;
The Region Flemish, represented by the Flemish Government, in the person of its Minister-President and Minister who has the economy, foreign trade and the export of arms in his or her attributions;
The Region wallonne, represented by the Walloon Government, in the person of its Minister-President and Minister who has the economy, foreign trade and the export of arms in his or her attributions;
Region the Brussels - Capital, represented by the Government of Brussels - capital, in the person of its Minister-President and Ministers who have the economy, foreign trade and the export of arms in their attributions;
Have agreed as follows: Chapter I. -Provisions General Article 1. This cooperation agreement covers the implementation of the Convention in general and verification measures in facilities provided for in the annex on the Convention in particular audit;
S. 2. for the purposes of this agreement of cooperation, is meant by: 1 ° the Convention: the Convention on the prohibition of the development, production, Stockpiling and use of chemical weapons and on their destruction made in Paris on 13 January 1993;
2 ° chemical weapons: the following, taken together or separately: a) toxic chemicals and their precursors, except those which are intended for purposes not prohibited by the Convention, as long as the types and quantities involved are compatible with such purposes;
(b) munitions and devices specifically designed to cause death or other harm through the toxic action of toxic chemicals as defined in paragraph a), which would be released because of the employment of such munitions and other devices;
(c) any equipment specifically designed for use directly in connection with the use of the munitions and other devices as defined in paragraph (b));
3 ° produces toxic chemical: any chemical, regardless of origin or mode of manufacture, been produced in facilities, in munitions or elsewhere, which through its chemical action on life processes can cause human or animal death, temporary incapacitation or permanent harm;
4 non-proscribed purposes °:-for the purposes of research, industrial, agricultural, medical, pharmaceutical or other peaceful purposes;
-protection purposes, namely the purposes directly related to protection against toxic chemicals and protection against chemical weapons;
-military purposes not connected with the use of chemical weapons and which are not dependent on employment, as a method of warfare, toxic properties of chemical products;
-purposes of maintaining public order, including fight riot domestically;
5 ° precursor: any chemical reactant which takes part at a stage any in the manufacture of a toxic chemical, regardless of the process used. This includes any component key of a binary or multicomponent; chemical system
6 ° a chemical manufacturing: obtaining a body through chemical reaction;
7 ° a chemical processing: a physical operation, such as the preparation, extraction and purification, where the product is not converted into another chemical;
8 ° a chemical product consumption: the transformation of this body by chemical reaction in another chemical species.
9 ° installation: any site as defined below: a) plant site: a pair consisting of a plant or of several integrated plants locally, under one direction of exploitation, with intermediate administrative levels, including a common infrastructure, including among others the following:-administrative offices and others;
-repair shops

and maintenance;
-a medical center;
-amenities;
-a central analytical laboratory;
-research and development laboratories;
-a central station of treatment of effluents and waste;
-warehouses;
(b) plant: a box, a structure or a relatively autonomous building housing one or more units with auxiliary and associated infrastructure which may include, inter alia:-a small administrative section;
-an area of storage and handling of materials and basic products;
-a station's handling of effluents and waste treatment;
-a laboratory of control and analysis;
-first-aid service and a related medical section;
-surveys for as appropriate, the inputs, internal movements or the outputs declared chemical products and their raw materials or chemical products derived therefrom, if applicable;
(c) manufacturing unit: the combination of the pieces of equipment, including tanks and mounts of tanks, needed to manufacture, process or use a chemical product;
10 ° international inspection team: the Group of inspectors and inspection assistants designated by the Director-general of the organization established under the Convention;
11 ° team Companion: the Group of persons appointed by the State inspected for the purpose to accompany the international inspection team and to assist during an inspection;
12 ° national authority: the national centre to ensure effective liaison with the Organization and other States parties to the Convention, in accordance with article VII, § 4, of the Convention;
13 ° international routine inspection: an inspection as referred to in article VI, §§ 2 to 6, of the Convention, verification of compliance with the provisions is contained;
14 ° international inspection by bet remains: an inspection referred to in article IX, §§ 8 and 25 of the Convention, for the purpose of verifying compliance with the provisions is contained;
15 ° organization: the Organization for the prohibition of chemical weapons, based in the Hague, Netherlands, which has the mission to achieve the object and purpose of the Convention. The organization also offers a forum in which the |fEtats parties to the Convention can consult and cooperate, in accordance with article VIII of the Convention.
16 ° conference of the States parties to the Convention: the annual meeting of the members of the Organization, in accordance with article VIII, B, of the Convention;
17 ° the Executive Board: the executive body of the Organization, in accordance with article VIII, C, of the Convention.
S. 3 § 1. The national authority: has) is exercised by the Minister of Foreign Affairs, which also ensures the representation of Belgium to the United.
(b) is the representative of the inspected State inspections international routine and formal notice, as specified in the annex on the audit to the Convention;
(c) compile data required by the Convention and sent by the competent authorities with a view to sending them in time to the Organization;
(d) is responsible for the reception of the international inspection and coordination of the conduct of the inspection team and is mandated for the signature and the control of compliance with the mandate of inspection and approval of the factual findings of the team international inspection, as mentioned in part II, D of the annex on the audit to the Convention.
§ 2. Finance Minister: assumes control of the import, export and transit of chemical products referred to in article 4, § 4, article 5, article 9, paragraphs 3 and 4, article 10, paragraph 3 of the present agreement of cooperation, within the limits of its competence, and competent regions, provides information on the subject.
§ 3. The Minister of defence: a) transmits the national authority required under the Convention and related facilities and activities covered by the defence;
(b) constitutes the support teams and accompanies the international inspection teams during routine inspections and by setting remains in defence facilities.
§ 4. The Minister of the Interior: transmits the national authority required under the Convention and related to activities within the jurisdiction of the Minister of the Interior.
§ 5. Regional Ministers: has) transmit to the national authority the data required under the Convention and related facilities and activities within their respective regions, with the exception of those covered by the defence;
(b) are accompanying teams and accompany the international inspection teams on inspections routine and on-site taking place in facilities located in their respective regions, with the exception of those of the defence.
CHAPTER II. -General provisions to ban art. 4 § 1. It is forbidden to develop, manufacture, acquire otherwise, store, retain or transfer of chemical weapons.
§
2. It is prohibited to use chemical weapons.
§ 3. It is forbidden to undertake preparations for the use of chemical weapons.
§ 4. It is forbidden to import, export or transit through Belgian territory of chemical weapons.
§ 5. It is forbidden to assist, encourage or induce anyone, from any way whatsoever, to engage in an activity prohibited under §§ 1, 2, 3 and 4 of this article.
§
6. The prohibition provisions listed in this article are punishable by sentences of imprisonment and fines, as laid down in articles 21 to 26 of this agreement of cooperation, based on the skills that fall respectively within the federal State and the Regions.
CHAPTER III. -Diet of non-proscribed activities and duty to provide information Section Ire.
-Chemicals in table 1 (section VI, paragraphs 2 and 3, of the Convention) art.
5. it is prohibited to manufacture, acquire otherwise, store, retain, or use chemicals in table 1, with the exception of the provisions of articles 6 and 7 of this agreement of cooperation.
S. 6 § 1. The prohibition laid down in article 5 of the cooperation agreement does not apply to the manufacture, acquisition of another way, storage, conservation or the use of chemicals in table 1, in laboratories, in aggregate quantities less than 100 g per year and per installation, if these chemicals are intended exclusively for research or for medical or pharmaceutical purposes.
§
2. The King may grant an exemption to ban manufacture, acquisition of another way, storage, conservation, or use of chemical products in table 1 to: 1 ° an only single small-scale facility, in which these activities are exclusively for purposes of research, medical or pharmaceutical purposes or purposes of such protection provided in the verification to the Convention Annex Part VI, C, §§ 8 and 9;
2 ° a single facility in which these activities are exclusively for purposes of such protection provided in the verification to the Convention Annex, part VI, C, § 10;
§
3. The Regions may grant waivers to facilities in which these activities are exclusively for purposes of research or to medical or pharmaceutical purposes such laid down in the annex on the audit to the Convention, part VI, C, § 11, with the exception of the defence facilities.
S. 7 § 1. The transfer of chemicals in table 1 is only allowed to: 1 ° of facilities such as referred to in article 6, provided that they are on the Belgian territory.
2 ° a State party to the Convention, unless the products are intended for transit to a State which is not a party to the Convention.
§
2. The King lays down additional provisions for the transfer, as referred to in article 6, § 1 and § 2, 1 ° and 2 °, in accordance with the verification annex to the Convention, part VI, (B), § 6.
§ 3. The competent Regions lay down additional provisions for the transfer, as referred to in article 6, §§ 1 and 3, in accordance with the verification annex to the Convention, part VI, (B), § 6.
S. 8 § 1. Anyone who operates a facility referred to in article 6, § 2, 1 ° and 2 ° of the present Cooperation Agreement, provides the national authority data required, as they are subject to the verification to the Convention Annex, part VI, (D), §§ 13 to 16.
§
2. Any person who operates a facility referred to in article 6, § 3, provides the competent Region data required, as they are subject to the verification to the Convention Annex, part VI, (D), §§ 17 to 20.
Section II. -Products of tables 2 and 3 - other installations (article VI, points 2, 4, and 5 of the Convention) art. 9 § 1. Any person who operates a facility in which chemicals in table 2 are manufactured, processed or consumed in amounts consistent with the verification annex to the Convention, part VII (A), paragraph 3, provides to the Department designated by the competent Region data required as they are referred to in the verification annex to the Convention, part VII (A), §§ 6-8.
§
2. Any person who operates or has operated a facility in which chemicals in table 2 were produced at a time any of the period from January 1, 1946 at the date of entry into force of this agreement of cooperation to develop chemical weapons,

provides to the Department designated by the competent Region data required, as they are referred to in the verification annex to the Convention, part VII (A), § 10.
§ 3.
Whoever imports on Belgian territory, exported from this territory or is transit chemicals in table 2, shall, under the procedure determined by an order of the competent Region quantities which have been imported, exported or which have passed.
§ 4.
It is forbidden to export chemicals in table 2 to countries which are not parties to the Convention or to be imported from those countries. This prohibition does not apply to mixtures which contain chemicals in table 2 and which do not exceed a certain rate of concentration, to be fixed by the competent Regions.
S. 10 § 1.
Any person who operates a facility in which chemicals of table 3 (article VI, §§ 2 and 5 of the Convention) are manufactured in quantities consistent with the verification annex, part VIII, (A), paragraph 3, provides to the Department designated by the competent Region data required, as they are referred to in the verification annex to the Convention, part VIII (A) §§ 6-8.
§ 2. Anyone who operates or has operated a facility in which chemicals of table 3 have been manufactured at any time any of the period from 1 January 1946 at the date of entry into force of this agreement of cooperation, to develop chemical weapons, provides to the Department designated by the competent Region data required as they are referred to in the verification annex to the Convention, part VIII, (A), § 10.
§
3. Whoever imports on Belgian territory, exported from this territory or is transit chemicals table 3 shall, according to the procedure determined by an order of the competent Region, the quantities which have been imported, exported or which have passed.
S. 11 § 1. Regions define the notions of "discrete organic chemical" and "product PSF' specified in article VI, § 6, of the Convention and to the Convention verification annex, part IX, § 1.
§ 2. Any person who operates a facility in which chemicals, as referred in the § 1 of this article, are produced in the quantities listed in the annex on the audit to the Convention, part IX, § 1, provides the competent Region data required, as they are subject to the verification to the Convention Annex, part IX, §§ 4 to 6.
S. 12. pursuant to the obligations contained in articles 6 to 11, the competent Regions and the defence shall transmit the information mentioned below to the national authority, in the format required by the national authority: 1 ° notifications relating to the declared facilities, as referred to in articles 6 and 8 to 11 of the present Cooperation Agreement;
2 ° the notifications concerning import, export or transfer of chemicals in tables 1, 2 or 3, as provided for respectively in articles 7, 9, paragraph 3, and 10, § 3.
S. 13. the national authority shall inform the Regions and the defence of part of statements which have been transmitted to the organization.
CHAPTER IV. -Inspections international art. 14 § 1. The national authority convenes immediately, upon receipt of the notification of a routine international inspection in the facilities referred to in articles 6 § 2, 9, § 1, 10, § 1 and 11, § 2 or in the case of an inspection by formal notice, an ad hoc Committee which coordinates the practical arrangements.
§ 2. The ad hoc Committee referred to the § 1 consists of a representative of each competent federal public service and/or the competent Region as well as a representative of the inspected facility.
S.
15 § 1. Accompanying teams, in accordance with article 3, §§ 2 and 4 are working together constructively in the exercise of their duties with the representative of the State inspected both during the preparation of inspection than during it.
§
2. The area in which is located the inspected facility provides the means necessary for the proper conduct of the inspection, including the administrative and logistical support required for the international inspection team for the duration of stay, in accordance with part II of the annex on the audit to the Convention, with the exception of inspections at defence facilities.
§
3. The Minister of defence provides, to respect the facilities of defence, the means necessary for the proper conduct of the inspection, including the administrative and logistical support required for the international inspection team for the duration of the stay, in accordance with part II of the annex on the audit to the Convention.
S. 16 § 1. Any physical or legal person, public authority has the obligation to grant access to the site that the international inspectors who are accompanied by a representative of the national authority wish to inspect and to cooperate with international inspectors in carrying out their inspection mission, in accordance with the Convention. It is forbidden to refuse or impede in any way this access or cooperation.
§ 2. During a routine or on-site international inspection, the national authority and the members of the escort team shall be entitled to require the assistance of the police and experts services, in order to allow the exercise of the tasks assigned by the Convention to the international inspectors, the national authority and the escort team.
S. 17 § 1. During an international inspection routine or on-site, the international inspection team has, on Belgian territory, powers conferred by the Convention.
§ 2. Thus, the international team inspection, with the equipment prescribed in implementation of the Convention, is empowered, when executing an international inspection routine or on-site, to penetrate in all places, with the exception of residential premises, for as far as this is deemed useful for the implementation of the Convention.
§ 3. If on-site inspection, the international inspection team may, subject to authorisation issued by an investigating judge, be allow access to residential premises, for the sole purpose of facts in connection with a concern about possible breaches of the Convention.
Chapter V. - Permanent Structure collaborative arts.
18 § 1. It is created a permanent structure of cooperation to ensure the good functioning of the cooperation agreement. Its tasks are the following: 1 ° ensuring the uniform application of rules for the implementation of the Convention;
2 ° evaluation and updating of the implementing measures;
3 ° coordination of national activities under the Convention;
4 ° coordinating the positions of Belgium in the area covered by this agreement of cooperation in the framework of the Conference of the States parties to the Convention and other conferences in the context of the Convention;
5 ° the exchange of information to ensure correct application of the cooperation agreement.
§ 2. This permanent dialogue structure is composed as follows: 1 ° a representative of each federal and regional ministers competent in accordance with article 3 of the present Cooperation Agreement;
2 ° a representative of Representation permanent of Belgium to UNESCO;
The Chair and secretariat are provided by the national authority.
§ 3. The permanent consultation structure decides by consensus, for as much as 2/3 of its members are present.
§ 4. The permanent consultation structure is also empowered to designate individual members due to a particular expertise in the field of the Convention.
§ 5. For the promulgation of the orders, decrees or orders of execution in the context of the implementation of the present agreement of Cooperation, as well as the coordination of positions, the decisions of the permanent structure of cooperation are binding on the Parties to this agreement of cooperation.
§
6. The points for which no consensus has been reached are submitted to the inter-ministerial conference of foreign policy.
CHAPTER VI. -Period of data retention and confidentiality of information arts. 19. any person who has provided, in accordance with articles 7, 8, 9, 10 or 11, the data required, keeps the data referred to in those articles at least five years after having discounts.
S. 20 § 1. Anyone who receives in confidence information and data of the Organization shall treat confidential and conscientious manner.
This information and these data are processed exclusively in execution of the rights and obligations arising from the Convention and the confidentiality annex.
§ 2. Anyone who receives in confidence information and data of the relevant Belgian installations is required to keep confidential and conscientious manner.
CHAPTER VII. -Provisions criminal art. 21 § 1. Shall be punished by a prison term of 20 to 30 years, anyone who uses chemical weapons within the meaning of article 4, § 2. Violation of article 4, paragraph 3, shall be punished by the same penalties.
Shall be punished by imprisonment in perpetuity anyone who, through the use of chemical weapons within the meaning of article 4, § 2, causes the death of one or more persons.
§

2 is punished for an imprisonment of ten to fifteen years and a fine of 2,500 euros to 25,000 euros, or one of these penalties, anyone who develops, manufactures, acquires another way, stores, retains, or transfers chemical weapons within the meaning of article 4, § 1.
§
3. The penalties referred to in §§ 1 and 2 of the present article are doubled in the event of violation of any of these provisions within five years following the pronouncement of a judgment or a ruling sentencing the leader of one of these offences, and res judicata.
S. 22 § 1. Any person who violates article 4, § 4, 5 or 9, § 4, shall be punished by a term of imprisonment of one month to three years and a fine of 25 euros at 12,500 euros.
§ 2. Every person who contravenes article 16 § 1, shall be punished by a term of imprisonment of one month to one year and a fine of 12 euros to 2,500 euros.
§
3. The penalties referred to in §§ 1 and 2 are doubled in the event of violation of these provisions within five years following the pronouncement of a judgment or a ruling sentencing the leader of one of these offences, and res judicata.
S.
23 is punishable by a term of imprisonment of one month to five years and a fine of 3 euros to 125 euros, or one of those penalties any person who contravenes the provisions laid down in article 20.
S. 24 shall be punished by a term of imprisonment from eight days to one month and a fine of 3 euros to 125 euros, or one of those penalties, any person who violates the provisions laid down in article 8, §§ 1 and 2, article 9, §§ 1, 2 and 3, article 10, §§ 1, 2 and 3, article 11, paragraph 2, and article 12.
S. 25. the penal provisions mentioned in articles 21 to 24 are also applicable to the Belgians who have committed abroad targeted crimes.
S. 26. all the provisions of book I of the penal Code, including Chapter VII and article 85, are applicable to the offences established by the cooperation agreement.
CHAPTER VIII. -Provisions finals s. 27. the present cooperation agreement is concluded for an indefinite period. The provisions of this agreement of cooperation may be subject to review at the request of one of the contracting parties. The request for reconsideration is reviewed within three months by the inter-ministerial conference of foreign policy.
Done at Brussels, 2 March 2007, in four original copies, in French and Dutch, the federal State: the Minister of Justice, Ms. L. ONKELINX. the Minister of finance, D. REYNDERS the Minister of the Interior, P. DEWAEL the Minister of Foreign Affairs, K. DE GUCHT on Minister of national defence, A. FLAHAUT for the Flemish Region: the Minister-President of the Flemish Government , Y. LETERME the Minister economy, businesses, science, Innovation and foreign trade, Mrs F.
McDonald for the Walloon Region: Minister - President of the Walloon Government, E. DI RUPO. the Minister of economy, employment and external trade, BC MARCOURT for the Brussels - Capital Region: the Minister-President of the Government of the Brussels-Capital Region, responsible for local authorities, the planning, Monuments and Sites, urban renewal, housing, public cleanliness, external trade and Development Cooperation, c.
PICQUÉ the Minister of finance, budget, External Relations and information technology, G.
VANHENGEL the Minister of employment, the economy, scientific research, in the fight against fire and emergency medical assistance, B. CEREXHE