Act Relating To Opening Hours In Trade, Crafts And Services (1)

Original Language Title: Loi relative aux heures d'ouverture dans le commerce, l'artisanat et les services (1)

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Posted the: 2006-12-19 Numac: 2006023306 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES average and energy November 10, 2006. -Law on business hours in trade, crafts and services (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: chapter I:. -Scope of application Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
S.
2. for the purposes of this Act, means: 1 ° "retail trade": the resale of usual way of goods to the consumer, without subject to these other treatment than the usual forms of handling goods in trade which require the simultaneous physical presence of the seller and the consumer in the establishment unit. For the purposes of this Act, includes sales of products to consumers by producers or their representatives;
2 ° "services": all benefits which:-is a commercial act or a craft.
- and which are normally provided for remuneration in the unit of establishment of the provider;
- and which do not fall within the definition of retail in the 1 °.
3 ° "commercial Act": the acts of trade, as defined in the Commercial Code;
4 ° "craft": activity carried on by a company founded by a private person that delivers in Belgium, under a contract of hire of services, mainly the material benefits, provided that they are accompanied of any supply of goods or they are held only on a casual basis, and which is thus presumed to be a craftsman;
5 ° 'consumer': any natural or legal person who, for purposes exclusively non-professional, acquires or uses products or services placed on the market;
6 ° "establishment unit": a place geographically identifiable by an address and accessible to the consumer which are exercised activities to which applies the Act;
7 ° 'net commercial surface': the surface intended for sale and accessible to the consumer including non-covered surfaces. This surface includes the spaces of crates, the spaces to the rear of caisses and the halls of entries if they are also used to expose or sell goods;
8 ° «Privy Office for telecommunications»: any establishment unit available to the public for the provision of telecommunications services;
9 ° 'night shop': any establishment where the net commercial surface unit does not exceed 150 m2, which performs any activity other than the sale of products of general food and household items and which displays permanently and apparent 'night shop ';
10 ° «Resort»: municipality whose territory touches the line of the coast;
11 ° "Minister": the Minister that the Middle Classes.
S. 3. the Act applies to the retail trade. At the request of representative professional associations or on the initiative of the Minister, the King may exclude certain sectors of the retail trade from the scope of the Act or of certain provisions thereof.
S. 4. the Act also applies to services who have been appointed by the King, at the request of representative professional associations or on the initiative of the Minister.
S. 5. the Act also applies to private telecommunications offices.
CHAPTER II. -Mandatory closing hours art. 6. the consumer access to the establishment unit and the sale of products or services to the consumer in the establishment unit are prohibited: has) before 5 p.m. and after 21 hours, Friday and days before a legal holiday.
If the holiday is a Monday, an extension until 9 pm is authorized the Saturday preceding;
(b) before 5 a.m. and after 8 p.m., other days;
(c) before 6 pm and after 7 hours in the stores at night, unless a communal settlement fixed other hours;
(d) before 5 p.m. and after 20 hours in private offices for telecommunications unless a municipal regulation provides for other hours.
S. 7. present consumers at the time of the closure can be served. However, they are required to leave the unit of establishment no later than 15 minutes after closing time.
CHAPTER III. -Rest weekly article
8. the consumer access to the establishment unit, the direct sale of products or services to the consumer and home deliveries are prohibited for an uninterrupted period of 24 hours beginning at 5 o'clock or 1 p.m. Sunday and ending the next day at the same time.
S.
9. any trader or service provider may choose another day of weekly rest period than that referred to in article 8, beginning on the day chosen to 5 hours or 13 hours and ending the next day at the same time.
S. 10. the merchant or service provider who chose another day of weekly rest, may sell on Sunday other products or provide services other than those it sells or usually provides.
S. 11. when the weekly rest day immediately preceding a statutory holiday, the merchant or service provider has the right to reporter in the aftermath of this legal holiday.
S. 12. the day of weekly rest period must be taken the same day for at least six months.
S. 13. the merchant or service provider who chooses another weekly rest day than that referred to in article 8 mentions in clear and visible from the outside, the day of rest and the start time.
S. 14. the merchants and service providers who have not chosen to day other than Sunday as a weekly rest day may derogate from the obligation referred to in article 8 to take Sunday custody of their profession.
CHAPTER IV. -Derogations art. 15. at the request of one or more traders or craftsmen acting on their own behalf or at the request of a group of merchants or artisans, the college of Mayor and aldermen may grant for the circumstances special and temporary or occasional fairs and markets, derogations from the prohibitions referred to in articles 6 and 8 units of establishment situated on the territory of the municipality or a part of it.
Those derogations may relate to more than 15 days per year.
S. 16 § 1. The prohibitions referred to in article 6 and article 8 do not apply to the: has) sales at the home of one consumer other than the buyer, provided that the sale takes place within the inhabited portion of a dwelling exclusively used for private purposes;
(b) home sales made at the invitation of the consumer, for which the client expressly requested prior vendor visit, to negotiate the purchase of a product or service;
(c) sales and services in units of establishment of companies of public transport and in the stations operated directly or indirectly by SNCB-Holding or its subsidiaries, as well as in the housing complex where these stations are located;
(d) sales and services in airports and port areas open to international traffic of travellers;
(e) provision of services in case of urgent need;
(f) sales, petrol stations or units of establishment located on the field of motorways, an assortment of general food and household items, with the exception of distilled alcoholic beverages and yeast-based beverages with an alcohol volume greater than 6%, provided that the net commercial area exceed not the 250 m2.
The fact that the consumer accepts an offer to visit at the initiative of the seller does not constitute an invitation to the meaning of point (b)).
§ 2. These prohibitions do not apply to hotel units whose main activity is the sale of the following products: has) newspapers, magazines, tobacco products and smokers, maps telephone and products of the national lottery.
(b) holders of audiovisual works and video games, as well as their rental;
(c) fuel and oil for motor vehicles;
(d) cream in single servings;
(e) food prepared in the unit of establishment and which are not consumed.
It comes to a principal activity when, outside the establishment unit, it only refers to this activity, it is only advertising for this activity, the selection of other products is limited and that the sale of the product or products constituting the main activity, represents at least 50% of the annual turnover.
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3. On the proposal of the Minister, the King may complete the list of trade and craft sectors contained in the § 1 and the list of main activities referred to in § 2.
S. (17. the prohibitions referred to in article 6 a) and b) and in article 8 are not applicable in the resorts and the communes or parts of communes identified as tourist centers.
The King determines what is meant by tourist centres, which it determines the criteria and the procedure for recognition.
Chapter V. - Provisions specific to night stores and private telecommunications s. offices 18 § 1.
A communal regulation may submit any proposed operating a store at night or a private office

for telecommunications to a prior authorization is issued by the college of Mayor and aldermen of the commune where the night or office store private proposed telecommunications will operate.
This authorisation may be refused based on objective criteria such as spatial location of the unit for the establishment of the store and the maintenance of public order of security and calm, which need to be clarified in a communal settlement.
§ 2. This communal settlement may also on basis of spatial localization and the maintenance of public order, security and calm, restrict the implantation and operation of shops at night and private offices for telecommunications to a part of the territory of the commune, although this may lead to a general prohibition or quantitative limitation of this type of settlements on the territory of the commune.
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3. The Mayor may order the closure of the stores of night and private offices for telecommunications operated in contravention of municipal regulation or the decision of the college of Mayor and aldermen supported implementation of §§ 1 and 2.
CHAPTER VI. -Provisions criminal art. 19 § 1. The officers and agents of the federal police and the local police even the inspectors and controllers of the Directorate General control and Mediation of federal public Service economy, Middle Classes, SMEs and energy are empowered to search and find infringements of the provisions of this Act.
These officials and agents shall draw up minutes which are prima facie evidence to the contrary and a copy is sent to the offender within a period of thirty days, on pain of nullity.
§ 2. In the exercise of their function, the agents mentioned in the § 1 may require the assistance of the local or federal police.
S. 20. in the exercise of their function, these agents may: 1 ° enter hours opening or work, in institutions, buildings, adjacent courses and enclosed spaces to which they have access in the performance of their tasks;
2 ° make all useful findings, do produce, on first request and without moving, data, documents, parts or necessary for their research and findings books and take copies;
3 ° enter, against receipt, data and documents listed in point 2 °, to provide evidence of an offence or to find sponsors or accomplices of offenders;
4 ° if they have reasons to believe in the existence of an offence, enter the premises inhabited; the visits to living quarters must be performed by two agents at least with the consent of the judge of the tribunal de police.
S. 21. where an offence under the provisions of this Act is found, the officers referred to in article 20 may address to the offender a warning setting it is to put an end to this Act. The warning is notified to the offender within a period of three weeks from the date of the finding of facts, by registered mail with acknowledgement of receipt or by leaving a copy of the minutes noting the facts.
The warning mentions: has) the imputed facts and the legal provisions violated;
b) the period within which it must there be terminated;
(c) in the event that it is not given due warning, King's attorney will be notified.
S. 22 § 1. Infringements of the prohibitions provided for in this Act shall be punished by a term of imprisonment ranging from one month to one year and a fine of 250 to 10,000 euros or one of those penalties only.
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2. In addition, the Court may order the closure of an establishment who contravenes the prohibitive provisions of this Act.
The provisions of book I of the Code penal, including Chapter VII and article 85, shall apply to offences under this Act.
§ 3. Officers commissioned for this purpose by the Minister may, in the light of reports finding an infringement to the prohibitive provisions of this Act, drawn up by the officers referred to in article 19, § 1, offer offenders the payment of a sum which extinguished public action.
Tariffs as well as the terms of payment and collection are set by the King.
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4. The public prosecutor, after having taken note of the reports prepared on the basis of article 19, § 1, paragraph 2, may order the seizure of products that are the subject of the offence.
Commissioned agents, where they find an offence under the powers conferred on them by article 21, may carry out, as a precaution, to seizure of products that are the subject of the offence. This entry must be confirmed by the public prosecutor within a period of eight days, in accordance with the provisions of the first subparagraph.
The person in the hands of which products are seized may consist in judicial guardian.
The seizure is lifted ipso jure by the judgment putting an end to the pursuit, when this judgment is passed into res judicata or the classification without suite case or by the payment of the sum referred to in § 3.
The Crown may give release it has ordered or confirmed, if the offender renounces to offer the products in the conditions giving rise to the prosecution; This waiver does imply any recognition of the merits of this lawsuit.
CHAPTER VII.
-Provisions various arts. 23. the Royal Decrees made pursuant to this Act are subject to the opinion of the Superior Council of independent and SMEs.
S. 24 are repealed: 1 ° Act of 22 June 1960 on weekly rest in the crafts and trade.
2 ° the law of 24 July 1973 establishing the compulsory closure of the evening in the trade, crafts and services.
S. 25. the regulatory provisions not contrary to this Act, remain in force until repealed or replaced by orders made pursuant to this Act.
S. 26. this Act comes into force the first day of the third month following that in which it has been published in the Moniteur belge.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, November 10, 2006.
ALBERT by the King: Minister of the Middle Classes, Ms. S. LARUELLE sealed with the seal of the State: the Minister of Justice, Mrs L.
ONKELINX _ Note (1) Session 2005-2006.
House of representatives.
Documents.
-Bill, 51-2486 - No. 1. -Amendments 51-2486 - our 2-4. -Report, 51-2486 - No. 5. -Amendments 51-2486 - No. 6. -Text adopted in plenary meeting and forwarded to the Senate, 51-2486 - No. 7.
Compte rendu intégral. -6 July 2006.
Session 2006-2007.
Senate.
Documents.
-Project not mentioned by the Senate, 3-1801, no.1.