Posted the: 2007-06-21 Numac: 2007011259 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES average and energy June 5, 2007. -Act to amend the law of 14 July 1991 on trade practices, information and the protection of the consumer (1) ALBERT II, King of the Belgians to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
It transposes the provisions of directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 on unfair commercial practices of the business-to-consumer in the internal market and amending Council directive 84/450/EEC and directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council.
2. an article 39bis, worded as follows, is inserted into the law of 14 July 1991 on trade and on information practices and the protection of the consumer: «art.» 39bis. without prejudice to specific regulations that expressly permit it, it is prohibited to the seller to sign a bill of Exchange by the consumer to promise or make secure payment of liabilities of the. ».
S. 3. There shall be inserted in chapter V - General provisions concerning sales of products and services to the consumer, of the same Act, section 5, including section 39ter, with the following title: "Section 5 — of the performance of the contract.
4. an article 39ter, worded as follows, shall be inserted in the Act of 14 July 1991 on trade and on information practices and the protection of the consumer: «art.» 39ter. it is forbidden the seller to charge telephone calls for which the consumer must pay the content of the message, in addition to the rate of appeal, when these appeals concerns the implementation of a sales contract already concluded. » Art. 5. in article 43, § 4 of the Act, as amended by the Act of 25 May 1999, the words 'referred to in article 23bis' are replaced by the words "set out in article 94/1.
S. 6a article 78 of the same law, replaced by the law of May 25, 1999, including the current text will form the § 1, § 2, worded as follows is added: "§ § 2 2» Without prejudice to articles 55, 56 and 57, any free offer of products, services or any other advantage is authorized only if the claim thereof appears on a document separate from any purchase order for products or services. ».
S. 7. the heading of Chapter VII of the Act is replaced by the following: "Chapter VII - advertising and unfair commercial practices.
S. 8. There shall be inserted in Chapter VII - advertising and unfair commercial practices, of the Act, a first section, including article 93, with the following title: "first Section - Definitions".
S. 9. section 93 of the Act is replaced by the following provision: «art.» 93. for the purposes of this chapter, shall mean: 1 ° consumer: any natural person who acquires or uses purposes excluding any professional character of products or services placed on the market;
2 ° products: tangible, immovable property, rights and obligations;
3 ° advertising: any communication aimed directly or indirectly to promote the sale of products or services, regardless of location or means of communication being implemented;
4 ° comparative advertising: any advertising which explicitly or by implication identifies a competitor or the products or services offered by a competitor;
5 ° practical commercial: any act, omission, conduct, approach or commercial communication including advertising and marketing, on the part of a seller, in direct connection with the promotion, sale or supply of goods or services to consumers;
6 ° substantial alteration of the economic behaviour of consumers: the use of a commercial practice significantly compromising the ability of the consumer to make an informed decision and therefore causing it to take a transactional decision that he would not have taken otherwise;
7 ° code of conduct: an agreement or set of rules that are not imposed by laws, regulations or administrative provisions and which define the behavior of vendors who undertake to be bound by it in what concerns one or more commercial practices or one or more sectors of activity.
8 ° professional diligence: the level of expertise and care which the seller is reasonably supposed to demonstrate in its field of activity to the consumer, in accordance with honest practices in commercial matters;
9 ° invitation to purchase: a commercial communication indicating the characteristics of the product or service and its price of appropriately depending on the means used for this commercial communication and allowing the consumer to make a purchase;
10 ° undue influence: the use of a position of strength to the consumer so as to put pressure on it, even without resorting to physical force or threaten to do so, so that its ability to make an informed decision be limited significantly.
11 ° business decision: any decision taken by a consumer concerning whether, the terms and conditions relating to the fact to purchase, make payment in whole or in part, to keep, to discard or to exercise a contractual right in relation to the product or service, that it has led him to act, or refrain from acting. ».
S. 10. There shall be inserted in Chapter VII - advertising and unfair commercial practices, of the same Act, a section 2, including article 94/1, with the following title: "Section 2 - comparative advertising.
11. section 94 of the Act is replaced by the following provision: «art.» 94/1.
§ 1. Comparative advertising is lawful as the following conditions are satisfied in relation to the comparison: 1 ° it is not misleading within the meaning of articles 94/2, 1 ° to 5 °, 94/6 to 94/8;
2 ° it compares goods or services meeting the same needs or intended for the same purpose;
3 ° it objectively compares one or more characteristics material, relevant, verifiable and representative of those products and services, which the price may be part.
4 ° it does not lead to confusion in the market place between the advertiser and a competitor or between the marks, trade names, other distinctive signs, products or services of the advertiser and those of a competitor;
5 ° it does not discredit or denigrate the trade marks, trade names, other distinctive signs, products, services, activities or circumstances of a competitor;
6 ° for products with designation of origin, it relates in each case to products with the same designation;
7 ° it does not take unfair advantage of the reputation of a trade mark, trade name or other distinguishing marks of a competitor or of the designation of origin of competing products;
8 ° it is not a product or services as an imitation or a reproduction of a product or service bearing a mark or trade name protected.
2. Any comparison referring to a special offer shall indicate in a clear and unequivocal way the date at which the special offer ends or, where appropriate, the fact that it is subject to exhaustion of products or services and, where the special offer has not yet begun, the date of the beginning of the period during which the special price or other specific conditions shall apply.
3. Is prohibited any comparative advertising which fails to meet the conditions laid down in §§ 1 and 2. ».
S. 12. it is inserted in Chapter VII - advertising and unfair commercial practices, of the Act, section 3, comprising articles 94/2 and 94/3, with the following title: "Section 3 - advertising and practices contrary to honest practices among sellers.
S. 13. article 94bis of the Act, inserted by the law of May 25, 1999, is replaced by the following provision: «art.» 94/2. Without prejudice to other legal or regulatory provisions, is prohibited from sellers advertising: 1 ° that includes affirmation, signs or representations likely to mislead about the identity, nature, composition, origin, quantity, availability, mode and the date of manufacture or characteristics of a product or the effects on the environment; by features, there are place to hear the benefits of a product, particularly in terms of its properties, its possibilities of use, results that can be expected from its use, of the conditions under which it can be obtained, including the price or its settlement pattern and the essential features of tests or checks carried out on the product and services that accompany it;
2 ° that includes affirmation, signs or representations likely to mislead about the identity, nature, composition, duration, availability, the date of delivery or the characteristics of a service; characteristics, it is appropriate to hear the benefits of a service, especially in terms of its properties, results that can be expected from its use, conditions
to which it can be obtained, including the prices or its settlement pattern and the essential features of tests or checks carried out on the service and of services that accompany it;
3 ° that includes affirmation, signs or representations likely to mislead on the identity or qualifications of the seller of a product or service;
4 ° which the seller omits essential information to mislead on the same elements as those referred to in 1 °, 2 ° and 3 °;
5 ° which, given its overall effect, including his presentation cannot be clearly distinguished as such, and which does not contain the word 'advertising' legibly, apparent and not equivocal;
6 ° which, without prejudice to the provisions laid down in article 94/1, contain derogatory elements with respect to another vendor, its products, its services or its activity;
7 ° which, without prejudice to the provisions laid down in article 94/1, misleading, disparaging comparisons contain or involving without the possibility of identifying one or more other vendors;
8 ° which, without prejudice to the provisions laid down in article 94/1, contain elements that might cause confusion with another vendor, its products, its services or its activity;
9 ° which concerns an offer of products or services, when the seller lacks the sufficient stock or can actually provide the services that must normally be provided, taking into account the extent of advertising;
10 ° that promotes an act which must be regarded as a breach of the Act or as an offence in accordance with articles 102 to 105;
11 ° which falsely asserted that a product or a service is likely to cure diseases, dysfunction or malformations.
12 ° that includes in the promotional material an invoice or similar document seeking payment which gives the impression that the product or service has already been ordered while this is not the case;
13 ° which, in promotional materials, conceals or provides substantial information relating to the consequences resulting from the answer given by the recipient or who conceals, unclearly provide unclear or does not indicate its true commercial intent, since it is not clear from the context. ».
S. 14. article 94ter of the Act, inserted by the law of December 3, 2006, is replaced by the following provision: «art.» 94/3. Is prohibited any act contrary to honest practices in commercial matters whereby a seller infringes or may infringe the professional interests of one or several other vendors. ».
S. 15. it is inserted in Chapter VII - advertising and unfair commercial practices, of the same Act, section 4, comprising articles 94/4 to 94/11, with the following title: "Section 4 - unfair commercial practices with regard to consumers '.
S. 16. it is inserted in Chapter VII, section 4 - unfair commercial practices with regard to consumers, of the same Act, a sub-section 1st, including article 94/4, with the following title: "first sub-section - scope".
S. 17. an article 94/4, as follows shall be inserted in the Act: «art.» 94/4. This section applies to unfair commercial practices of sellers towards consumers before, during and after the offer for sale and sale of products or services. ».
S. 18. it is inserted in Chapter VII, section 4 - unfair trade with regard to consumers of the same Act, a sub-section 2 including article 94/5, with the following title: "subsection 2 - unfair commercial practices.
S. 19. an article 94/5, worded as follows, is inserted into the Act: «art.» 94/5. § 1. Unfair commercial practices are prohibited.
2. A commercial practice is unfair if it is contrary to the requirements of professional diligence, and it impairs or is likely to affect substantially the economic behaviour of consumers to which it is addressed, to the product or service.
Commercial practices, which are likely to impair substantially the economic behaviour of a clearly identifiable group of consumers because they are particularly vulnerable to the used practice or the product or service as it relates to, due to a mental infirmity or physical, their age or their credulity, while one might reasonably expect from the seller that it provides for this consequence are evaluated from the perspective of the average member of the group to which it addressed. This provision is without prejudice to the current advertising practice and legitimate to make exaggerated statements or statements which are not intended to be understood in the literal sense.
3. Misleading and aggressive commercial practices referred to in articles 94/6 to 94/11 are unfair.
S. 20. it is inserted in Chapter VII, section 4 - unfair trade with regard to consumers of the same Act, a subsection 3 including articles 94/6 to 94/8, with the following title: "subsection 3 - deceptive marketing practices".
21. an article 94/6, as follows shall be inserted in the Act: «art.» 94/6. § 1. A commercial practice shall be deemed misleading if it contains false information or that in a way, including an overview, it induces or is likely to mislead the consumer, with regard to one or more of the elements listed in paragraph 2, even if the information is factually correct, and that it leads him or is likely to cause him to take a transactional decision that he would not have taken otherwise.
Are covered by paragraph 1, information relating to: 1 ° the existence or nature of the product or service;
2 ° the main characteristics of product or service, such as its availability, its benefits, the risks it presents, execution, composition, accessories, after-sales service and claims processing, mode and the date of manufacture or provision, delivery, fitness for use, usage, quantity, specification, geographical or commercial origin or the results that can be expected from its use , or the results and the essential features of tests or checks carried out on it.
3 ° the extent of liabilities of the seller, the motivation of commercial practice and the nature of the sales process, as well as any suggestion or any symbol believing that vendor or the product or service has sponsorship or support direct or indirect;
4 ° the price or the method of calculation of the price, or the existence of a specific price advantage;
5 ° the need for a service, spare part, replacement or repair;
6 ° the nature, qualities, and the seller's rights, such as his identity and his heritage, his qualifications, status, approval, affiliation or ties and his rights of industrial, commercial or intellectual property or honours and awards received;
7 ° the rights of the consumer, in particular the right of replacement or refund under the provisions of the Act of 1 September 2004 on the protection of consumers in the event of sale of consumer goods, or the risks he may incur.
§ 2. Is also deemed misleading commercial practice which, in its factual context, taking into account of all its features and circumstances, causes or is likely to cause the consumer to take a transactional decision that he would not have taken otherwise, when it involves: 1 ° any activity of marketing with a product or service, including comparative advertising, creating one confusion with another product service, brand, trade name or other distinguishing marks of a competitor;
2 ° the failure by the seller of commitments contained in a code of conduct by which he hired to be bound, therefore that these commitments are firm and verifiable and it says it is bound by the code. ».
S. 22. an article 94/7, as follows shall be inserted in the Act: «art.» 94/7. § 1.
A commercial practice is regarded as a misleading omission if, in its factual context, taking into account of all its features and circumstances as well as the limitations by means of communication used, it omits a material which the consumer needs information, taking into account the context, to take an informed transactional decision and, therefore, brings him or is likely to cause him to take a transactional decision that he would not have taken otherwise.
2. Is also regarded as a misleading omission, a commercial practice whereby a seller hides substantial information as defined in the § 1 or the provides little clear, unintelligible, ambiguous or setbacks, or when it does not its commercial intent as it is not apparent already from the context and when, in one or the other case, the consumer is thus brought or is likely to be required to take a transactional decision that he would not have taken otherwise.
§ 3. When the means of communication used for the commercial practice imposes limitations of space or time, it should be to determine if information has been omitted to take account of these limitations and any measures taken by
the seller to make the information available to the consumer by other means.
4. When an invitation to purchase, are regarded as substantial, as they do not appear already in the context, the following information: 1 ° the main characteristics of the product or service, to the extent appropriate with regard to the means of communication used and the product or service concerned;
2 ° the geographical address and the identity of the seller, and if applicable, the geographical address and the identity of the seller on behalf of which it acts.
3 ° the price all inclusive of taxes, or, where it cannot reasonably be calculated in advance, the manner in which the price is calculated, as well as, where appropriate, all additional transport costs, delivery and postal orders, or, where such costs cannot reasonably be calculated in advance, the reference that these costs can be borne by the consumer;
4 ° the terms of payment, delivery, execution and processing of claims, if they differ from the requirements of professional diligence;
5 ° where appropriate, the existence of a right of renunciation or cancellation.
§ 5. Are also deemed to be substantial information that are related to commercial communications, including advertising and marketing and scheduled by Community law, in particular articles of the directives listed in annex II to directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 on unfair commercial practices of the business-to-consumer in the internal market and amending Council directive 84/450/EEC and directives 97/7/EC 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council.
S. 23. an article 94/8, as follows, is inserted into the Act: «art.»
94/8. Are unfair trade practices in all circumstances deceptive marketing practices which are designed to: 1 ° for a seller, claim to be signatory to a code of conduct while it is not;
2 ° display a certificate, a quality mark or equivalent without having obtained the necessary authorization;
3 ° affirming that a code of conduct has received the approval of a public body or other while this is not the case;
4 ° affirming than a seller, or its business practices, or a product or a service has been approved, endorsed or authorized by a public body or private while this is not the case or that it complies with the conditions of approval, approval or permission received;
5 ° propose the purchase of products or services at a price specified without revealing plausible reasons that could have the seller think it cannot provide, or have provided by another seller, the goods or services in question or products or services equivalent to the indicated price, for a period and in quantities that are reasonable account account of product or service the extent of the advertising made for the product or service and the price offered;
6 ° propose the purchase of products or services at a specified price and then: a) either refuse to submit to the consumer the product or the service that was the object of advertising, b) or refuse to take orders for this product or service or to deliver it within a reasonable time, c) or submit a sample defective, with the aim of promoting a product or a different service;
7 ° falsely stating that a product or service be available for a very limited time, or that it will be available on particular terms for a very limited period in order to elicit an immediate decision and deprive the consumer an opportunity or time to make an informed choice;
8 ° undertake to provide after-sales service to consumers with whom the seller communicated before the transaction, in a language which is not one of the national languages and, then, to provide this service only in another language without clearly informing the consumer until it engages in the transaction;
9 ° declare or give the impression that the sale of a product or service is lawful when it is not;
10 ° introduce the rights conferred on consumers by laws or regulations as provisions constituting a characteristic to the proposal made by the seller;
11 ° using editorial content in the media to promote a product or service, while the seller has paid itself, without making that clear in the content or by images or sounds clearly identifiable by the consumer.
12 ° to formulate factually inaccurate statements with regard to the nature and extent of the risks to which runs the consumer in terms of his personal or his family safety if he does not buy the product or service;
13 ° promoting a product or a service similar to that of an individual manufacturer to deliberately induce the consumer to think that the product comes from this same manufacturer so that such is not the case;
14 ° declare that the seller is about to cease its activities or establish them elsewhere while such is not the case, without prejudice to articles 46 et seq.;
15 ° affirming a product or service that it increases the chances of winning in games of chance;
16 ° falsely claiming that a product or a service is likely to cure diseases, dysfunction or malformations.
17 ° communicate factually inaccurate information on market conditions or on the possibility of finding the product or service, to encourage consumers to acquire it in conditions less favourable than normal market conditions.
18 ° affirming that a competition is organized or that a price can be won without assigning prices described or a reasonable equivalent;
19 ° describe a product or service as being "free", "gratis", "free of charge" or other similar terms if the consumer has to pay anything other than the unavoidable costs associated with the response to the offer and taking possession or delivery of the item.
20 ° included in promotional material an invoice or similar document seeking payment which gives the consumer the impression that he has already ordered the product or service so that it is not the case;
21 ° falsely claiming or creating the impression that the seller is not acting for purposes falling within the scope of his professional activity or present themselves falsely as a consumer;
22 ° falsely create the impression that after-sales service in relation to a product or service is available in one Member State other than that in which it is sold. ».
S. 24. it is inserted in Chapter VII, section 4 - unfair trade with regard to consumers of the same Act, a sub-section 4 including articles 94/9 to 94/11, with the following title: "subsection 4 - aggressive commercial practices.
S. 25. an article 94/9, as follows shall be inserted in the Act: «art.» 94/9. A commercial practice is considered aggressive if, in its factual context, taking account of all its features and circumstances, it alters or is likely to alter significantly, because of the harassment, coercion, including the use of physical force, or undue influence, freedom of choice or conduct of the consumer with respect to a product or service , and, therefore, brings him or is likely to cause him to take a transactional decision that he would not have taken otherwise. ».
S. 26. an article 94/10, as follows, is inserted into the Act: «art.» 94/10. To determine whether a commercial practice uses harassment, coercion, including physical force, or undue influence account shall be taken of the following: 1 ° the time and place where the practice is implemented, its nature and its persistence.
2 ° the use of verbal or physical threat;
3 ° the operation informed by the seller of any misfortune or special circumstance of gravity to alter the judgement of the consumer, in order to influence its decision with respect to the product or service;
4 ° non-contractual pay or disproportionate obstacles imposed by the seller when the consumer wants to enforce its contractual rights, and in particular to put an end to the contract or to change product or service or vendor;
5 ° any threat of action so that this action is not legally possible. ».
S. 27. a 94/11 article, as follows, is inserted in the Act: «art.» 94/11. Are unfair trade practices in all circumstances, the aggressive commercial practices which are designed to: 1 ° give the consumer the impression that he cannot leave the premises until a contract has been concluded;
2 ° carry out personal visits to the home of the consumer, by ignoring his request to see the seller leave or not to return, without prejudice to legal or regulatory provisions authorizing it to ensure the execution of a contractual obligation;
3 ° to carry out stress repeated and unwanted by phone, fax, e-mail or any other communication tool remotely, without prejudice to legal or regulatory provisions authorizing it to ensure the execution
of a contractual obligation and without prejudice to article 94/17 and article 14 of the Act of 11 March 2003 on certain legal aspects of information society services;
4 ° requiring a consumer who wishes to claim compensation in respect of an insurance policy to produce documents which could not reasonably be considered relevant as to establish the validity of the application or failing systematically to respond to pertinent correspondence, in order to dissuade a consumer from exercising his contractual rights;
5 ° in an advertisement, directly encourage children to buy or to persuade their parents or other adults to buy the product subject of advertising;
6 ° explicitly informing the consumer that if he does not buy the product or service, employment or livelihood of the seller will be threatened;
7 ° give the false impression that the consumer has already won or will win, subject or non-performing of formality, a price or an other equivalent benefit, whereas, in fact, — there is no prize or other equivalent benefit, - either the completion of the formalities in connection with the application of the prize or other equivalent benefit is subject to the obligation to pay money or to bear a cost to the customer. ».
S. 28. it is inserted in Chapter VII - advertising and unfair commercial practices, of the same Act, section 5, comprising articles 94/12-94/17, with the following title: "Section 5 — common provisions '.
29. an article 94/12, as follows, is inserted into the Act: «art.» 94/12. § 1. Any advertising that State a price or a price reduction, must be indicated in accordance with the requirements of articles 3 and 4, and where appropriate article 5 and the provisions adopted in implementation of article 6, 1.
§ 2. Any advertising concerning products pre-packaged in pre-established quantities must mention the nominal quantities of the contents of the packages, in accordance with the provisions of section 2 of chapter II, when advertising refers to the selling price of these products. ».
S. 30. an article 94/13, as follows shall be inserted in the Act: «art.» 94/13. § 1. When, in application of article 101, the Minister or the officer commissioned by him under section 113, § 1, notifies a seller or an advertiser of an advertising message that an advertising or a commercial practice is contrary to the provisions of this chapter, it is the responsibility of the advertiser or vendor to provide, within a period of one month, proof of the accuracy of the facts related to.
If the evidence required under paragraph 1 are not made or are deemed inadequate, the Minister or the officer commissioned for this purpose can be considered advertising or commercial practice as contrary to the provisions of this chapter.
§ 2. The advertiser or seller are also required to provide this evidence, where an action for an injunction is brought by: 1 ° the Minister and, where appropriate, the Minister referred to in article 98, § 2;
2 ° the other persons referred to in article 98, § 1, provided that, taking into account the legitimate interests of the advertiser or vendor and any other party to the proceedings, the president of the tribunal de commerce considers that such a requirement is appropriate in the light of the circumstances of the case.
If the evidence required under paragraph 1 are not made or are deemed insufficient, the president of the commercial court can consider as inaccurate factual data. ».
31. an article 94/14, as follows, is inserted into the Act: «art.» 94/14. § 1. Contracts and conditions for the provision of products and services to consumers can be interpreted according to commercials and business practices in direct relationship with them.
§ 2. When a contract was concluded as a result of an unfair trade practice referred to in articles 94/8, 12 °, 15 ° and 16 ° and 94/11, 1 °, 2 ° and 7 °, the consumer can, within a reasonable time from the moment he became aware or should have been aware of its existence, require repayment of amounts paid, without a refund of the product supplied or the service provided.
Where a contract is concluded as a result of an unfair trade practice referred to in articles 94/5 to 94/7, 94/8, 1 ° to 11 °, 13 ° and 14 °, 17 ° to 22 °, 94/9 to 94/10 and 94/11, 3 ° to 6 °, the judge may, without prejudice to the sanctions of common law, order the reimbursement to the consumer of the sums paid without a refund by the product supplied or the service provided. ».
32. an article 94/15, as follows shall be inserted in the Act: «art.» 94/15. § 1. Without prejudice to the powers conferred to him under another legal provision, the King may, by Decree deliberated in the Council of Ministers, for the products or services or categories of products or services that it determines: 1 ° prohibit or restrict the advertising, to ensure greater protection of the safety of the consumer and the environment;
2 ° determine the minimum particulars of advertising, to ensure better information for the consumer.
2. Before proposing an order under the § 1, the Minister shall consult the Board of consumption and sets the time limit within which such opinion shall be given. After this period, the notice is no longer required. ».
S. 33. an article 94/16, as follows shall be inserted in the Act: «art.» 94/16. § 1. The King creates the Council of consumption and the conditions it determines, a commission to issue opinions and recommendations about advertising and labelling relating to the effects on the environment and on the development of a code for environmental advertising.
§ 2. After receiving the opinion of the commission and the joint initiative of the Minister and of the Minister having environment in his or her attributions, the King may impose a code for environmental advertising.
§ 3. The King determines the composition of the commission.
It must count among its members at least two representatives of associations for the protection of the environment.
S. 34. an article 94/17, as follows shall be inserted in the Act: «art.»
94/17. § 1. The use of automated systems of appeal without human intervention and faxes for custom advertising purposes is prohibited without the prior, free, specific and informed consent of the recipient of messages. The King may, by Decree deliberated in the Council of Ministers, extend this prohibition to other communication techniques, taking into account their evolution.
By way of derogation from paragraph 1, and without prejudice to § 4, paragraph 2, any issuer is exempt from apply to legal persons consent to receive advertisements using the techniques referred to in paragraph 1 or laid down pursuant to it.
Without prejudice to article 14 of the Act of 11 March 2003 on certain legal aspects of the services of the company information, advertising custom, broadcast by other techniques than those mentioned in paragraph 1 or laid down pursuant to it may be that in the absence of obvious recipient opposition, physical or legal person. No fees will be charged to the recipient due to the exercise of the right of opposition.
2. When sending any advertising using a means of communication mentioned in the § 1, paragraph 1, or determined to implement this, the transmitter provides a clear and understandable information concerning the right to oppose, for the future, to receive advertisements.
§ 3. When sending any advertising using a means of communication referred to the § 1, paragraph 3, it is forbidden to conceal the identity of the seller on whose behalf the communication is made.
§ 4. The burden of proof of the character solicited advertising sent using a technique of communication mentioned in the § 1, paragraph 1, or determined pursuant to, is the responsibility of the sender of the message.
Anyone can directly notify a determined transmitter, without indications of reasons, its willingness to stop receiving, on his part, sent by means of a targeted advertisements to the § 1, paragraph 1. ».
S. 35. article 95, paragraph 2, of the same Act, is replaced by the following subparagraph: "it can order the prohibition of advertising laid down in article 94/2 as well as the prohibition of unfair commercial practices referred to in articles 94/5 to 94/11 where they have not yet brought to the knowledge of the public or started, but that their publication or implementation is imminent..
S. 36. an article 97A, worded as follows, shall be inserted in the Act: «art.» 97A. where the offence relates to advertising, termination action may not be brought the head of breach of the provisions of articles 94/1, 94/2 and 94/5, dependant offending advertising announcer.
However, when the advertiser is not resident in Belgium and has not designated a person responsible for having its domicile in Belgium, termination action may also be brought to charge of:-written advertising editor or producer of audiovisual advertising.
-the printer or the Director, if the Publisher or producer do not have their domicile in Belgium and have not appointed a person responsible for having its domicile in Belgium;
-Distributor and any person who knowingly helps ensure that the
advertising produces its effect, if the printer or the Director do not have their domicile in Belgium and have not appointed a person responsible for having its domicile in Belgium. ».
S. 37A section 98 of the Act, as amended by the law of 14 July 1994 and 7 December 1998, the following changes are made: 1 ° in the § 1, point 2, the words "in article 93' are replaced by the words"in article 94/3 ";
2 ° in the § 1, point 3, the words "except where the request relates to an act referred to in section 94 of this Act" shall be deleted;
3 ° in the § 1, point 4, the words 'in article 93"shall be replaced by the words"in article 94/3 ";
4 ° in § 2, the words «of the 93 articles» are replaced by the words "articles 94/3.
S. 38. in article 101, paragraph 1, of the Act, 'without prejudice to article 24' shall be replaced by the words 'without prejudice to article 94/13.
S. 39A section 102 of the Act, as amended by the laws of the May 25, 1999, June 26, 2000 and August 24, 2005, the following changes are made: 1 ° the point 3 is replaced by the following provision: "3. articles 37, 39 and 39bis, relating to the material on sales of products and services and orders taken in implementation of articles 37 and 39; »;
2 ° it is inserted in place of point 6a, which becomes the 6ter, a new 6bis point as follows: '6a. Article 76 on purchases forced; »;
3 ° point 8 is replaced by the following provision: «8 articles 94/5, §§ 1 and 3, 94/8 and 94/11, relating to unfair commercial practices with regard to consumers, with the exception of articles 94/8, 12 °, 15 ° and 16 °, 94/11, 1 °, 2 ° and 7 °. ».
S. 40. in article 103 of the Act, as amended by laws of 25 May 1999 and 26 June 2000, the words 'referred to in articles 30, 93 and 97' are replaced by the words "referred to in articles 30, 94/3 and 97.
S. 41. in article 105 of the Act, as amended by the Act of June 26, 2000, the words "article 85 prohibits offers for sale and sales improperly referring to philanthropic humanitarian or likely to arouse the generosity of the consumer" are replaced by the words 'articles 94/8, 12 °, 15 ° and 16 °, 94/11, 1 °, 2 ° and 7 ° relating to unfair commercial practices.
S. 42 an article 122a, as follows, shall be inserted in the Act: «art.» 122a - the King may coordinate the provisions of this Act and the provisions which have expressly or implicitly amended them at the time where the coordination will be established.
To this end, it may: 1 ° modify the order, numbering and, in general, the presentation of the provisions to coordinate;
2 ° amend the references contained in the provisions to coordinate to bring them into alignment with the new numbering;
3 ° amend the drafting of the provisions to coordinate to ensure consistency and to unify the terminology, though it can be infringed the principles embodied in these provisions.
Coordination will be the heading determined by the King. ».
S. 43 are repealed in the same Act: 1 ° chapter IV, advertising, amended by the acts of the May 25, 1999, 11 March 2003 and 24 August 2005, including articles 22 to 29 bis;
2 ° article 85.
S. 44. this Act comes into force the first day of the sixth month following that during which it has been published in the Moniteur belge.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given to Brussels, June 5, 2007.
ALBERT by the King: the Minister of Consumer Protection, Mrs F. VAN DEN BOSSCHE. the Minister of economy, Mr. VERWILGHEN Minister of the Middle Classes, Ms. S. LARUELLE sealed with the seal of the State: the Minister of Justice, Mrs L.
ONKELINX _ Notes (1) records of the House of representatives: 51-2983-2006/2007: No. 1: Bill.
No. 2 and 3: amendments.
No. 4: report.
No. 5: Text adopted by the commission.
No. 6: Text adopted in plenary meeting and transmitted to the Senate.
Full report: April 12, 2007.
The Senate documents: 3-2407-2006/2007: No. 1: project referred by the Senate.
No. 2: report.
No. 3: Decision not to amend.
Annals of the Senate: April 19, 2007.