3 MAI 2003. - An Act to amend the Act of 24 February 1921 concerning the trafficking of poisonous, soporific, narcotic, disinfectant and antiseptic substances (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER I^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER II. - Amendments
Art. 2. The title of the Act of 24 February 1921 concerning the trafficking of poisonous, soporific, narcotic, disinfectant or antiseptic substances is replaced by the following title:
"Act of February 24, 1921 concerning the trafficking of poisonous, soporific, narcotic, psychotropic, disinfectant or antiseptic substances and substances that can be used for the illicit manufacture of narcotic and psychotropic substances. »
Art. 3. Article 1^er the Act, amended by the Acts of 11 March 1958, 1^er July 1976 and 14 July 1994 is replaced by the following provision:
“Article 1^er. The King may, by order deliberately in the Council of Ministers, regulate and monitor, in the interest of hygiene and public health, the import, export, transit, manufacture, conservation, that is, the storage under the conditions required, the labelling, transport, detention, brokering, sale and offer for sale, deliverance and acquisition, as an expensive or
The King, by deliberate decree in the Council of Ministers, has the same powers with regard to psychotropic substances, other than narcotic and soporific substances, which may engender dependency.
The King may, by deliberate order in the Council of Ministers, also exercise the same powers with regard to substances that may be used for the illicit manufacture of narcotic and psychotropic substances. »
Art. 4. Article 1^erbis, paragraph 1^er, from the same law, inserted by the law of 22 July 1974, the words "The Government" are replaced by the words "The King, by decree deliberately in Council of Ministers".
In the Dutch text of the second paragraph of this article, the word "Zij" is replaced by the word "Hij".
Art. 5. Article 1^erter of the same law, inserted by the law of 14 July 1994, the word "franc" is replaced by the word "EUR".
Art. 6. In section 2 of the Act, replaced by the Act of 14 July 1994, the following amendments are made:
1° to 1°, the word "franc" is replaced by the word "EUR";
2° to 2°, the word "franc" is replaced by the word "EUR".
Art. 7. In section 2bis of the Act, inserted by the Act of 9 July 1975 and amended by the Act of 14 July 1994, the following amendments are made:
1° to § 1^er, the words "in accordance with the distinctions referred to in paragraph 2 and the categories established by the King by deliberate decree in the Council of Ministers" are inserted between the words "will be punished" and " imprisonment" and the words "or one of these sentences only" are deleted;
2° to § 1^erthe word "franc" is replaced by the word "EUR";
3° § 1^er is completed by the following paragraph:
"The King may, by order deliberately in the Council of Ministers, distinguish between the substances listed in the list referred to in paragraph 1^er.
4° in § 5, the word "franc" is replaced by the word "EUR".
Art. 8. An article 2quater, as follows, is inserted in the same law:
"Art. 2quater . Offences to the provisions of Council Regulation (EEC) No. 3677/90 of 13 December 1990 on measures to be taken to prevent the diversion of certain substances for the illicit manufacture of narcotic drugs and psychotropic substances and regulations pursuant to the provisions of this Act and the decrees pursuant to it shall be punishable by:
1° pursuant to Articles 231, 249 to 253 and 263 to 284 of the General Customs and Excise Act of 18 July 1977, when the offence or attempted offence is committed during the placement of goods under a customs regime or their re-export outside the customs territory of the Community, within the meaning of Article 4, 15, of the Community Customs Code, established by Regulation (EEC) No 2913/92 of the Council of 12 An attempt to commit an offence must be made to the shipment, transport or detention of substances for the obvious purpose of placing them under customs or re-exporting them outside the customs territory of the Community;
2° of a fine of EUR 26 to 500 when these offences relate to labelling and the rules enacted pursuant to section 1^erbis
3° of eight days to three months ' imprisonment and a fine of EUR 1,000 to EUR 5,000 or one of these penalties only when the offence concerns the failure to fill or hold documents or records, do so incompletely or incorrectly, do not keep them long enough and accept documents that are completed incompletely or incorrectly, other than customs documents;
4° of imprisonment of two to five years and a fine of 3,000 to 10,000 EUR or one of these penalties only when the offence relates to:
- the conduct of manufacturing, use, storage, brokering, marketing, trade, import, export or transit activities without obtaining the approval or authorization or without having made a notification or having carried out such activities without being subject to the authorization or approval or for which no notification was made, except for the offences referred to in 1
- the sale or shipment without adequate notice to the Minister who has the Public Health in his or her duties, when this warning is required by section 16 of the Royal Decree of 26 October 1993 establishing measures to prevent the diversion of certain substances for the illicit manufacture of narcotic drugs and psychotropic substances;
- provision of substances to persons other than those to whom such provision is permitted. »
Art. 9. In article 3 of the same law, replaced by the law of 9 July 1975 and amended by the laws of 17 November 1998 and 22 August 2002, § 1^er is repealed.
Art. 10. Section 4 of the Act, replaced by the Act of 9 July 1975 and amended by the Acts of 14 July 1994 and 17 November 1998, are amended as follows:
1° to § 1^erthe words "2, 2°, 2bis and 3" are replaced by the words "2, 2°, 2bis, 2quater and 3";
2° in § 3, the words "2, 2°, 2bis and 3" are replaced by the words "2, 2°, 2bis, 2quater and 3";
3° in § 5, the word "franc" is replaced by the word "EUR";
4° in § 6, the words "2, 2°, 2bis and 3" are replaced by the words "2, 2°, 2bis, 2quater and 3".
Art. 11. In section 6 of the Act, replaced by the Act of 9 July 1975, the following amendments are made:
1° in paragraph 2, the words "2bis and 3" are replaced by the words "2bis, 2quater and 3";
2° in paragraph 4, the words "2bis and 3" are replaced by the words "2bis, 2quater and 3".
Art. 12. In section 7 of the Act, replaced by the Act of 9 July 1975 and supplemented by the Royal Decree of 22 February 2001, the following amendments are made:
1° to § 1^er, the words "of Council Regulation (EEC) No. 3677/90 of 13 December 1990 on measures to be taken to prevent the diversion of certain substances for the illicit manufacture of narcotic drugs and psychotropic substances and by-laws, and" are inserted between the words "application" and "of this Act";
2° in § 3, last paragraph, the words "in group" are replaced by the words "in the presence of minors of age".
Art. 13. In section 8 of the Act, replaced by the Act of 9 July 1975, the following amendments are made:
1° to § 1^erthe word "franc" is replaced by the word "EUR";
2° to § 2, the word "franc" is replaced by the word "EUR";
3° in § 2, the words "or in Article 2quater are inserted after the words "in Article 2bis".
Art. 14. Section 9 of the Act is replaced by the following provision:
“Art. 9. Persons who have illegally manufactured, acquired or detained substances under Article 2bis for personal consumption, § 1^er, may be entitled to the provisions of the Suspension, Suspension or Probation Act of 29 June 1964, even if they do not meet the conditions set out in sections 3 and 8 of the above-mentioned Act, relating to the prior convictions that they have incurred, notwithstanding the provisions set out in section 65, paragraph 1^erCriminal Code.
The provisions of paragraph 1^er also applies to persons who have, for the purpose of their personal consumption, free or expensive, facilitated the use to others, sold or offered for sale of the aforementioned substances, unless these offences are accompanied by the aggravating circumstances referred to in Article 2bis , § 2, (b) , §§ 3 and 4. »
Art. 15. In article 10, § 2, of the same law, inserted by the law of 14 July 1994, the word "franc" is replaced by the word "EUR".
Art. 16. An article 11 is included in the same law:
“Art. 11. § 1^er. By derogation from section 40 of the Police Service Act of 5 August 1992, in the event of a finding of detention, by a major, of a quantity of cannabis for personal use, which is not accompanied by public nuisances or problematic use, only a police record will be made.
§ 2. Problem use means: a use that is accompanied by a degree of dependency that no longer allows the user to control its use, and expresses itself by psychological or physical symptoms.
§ 3. Public nuisance means the public nuisance referred to in Article 135, § 2, 7°, of the new communal law. Pursuant to Article 3.5.g of the 1988 Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, is considered to be a public nuisance, the detention of cannabis committed in a penal institution, in a school or in the premises of a social service, as well as in their immediate vicinity or in other places frequented by minors of age for school, sport or social purposes. »
CHAPTER III. - Abrogatory provision
Art. 17. Section 9 of the Act of 9 July 1975 amending the Act of 24 February 1921 concerning the trafficking of poisonous, soporific, narcotic, disinfectant or antiseptic substances is repealed.
CHAPTER IV. - Final provision
Art. 18. This Act comes into force on the day of its publication in the Belgian Monitor.
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 3 May 2003.
ALBERT
By the King:
Minister of Justice,
Mr. VERWILGHEN
Minister of Finance,
D. REYNDERS
Minister of Public Health,
J. TAVERNIER
Seen and sealed the state seal:
Minister of Justice,
Mr. VERWILGHEN
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Note
(1) Session 2001-2002.
House of Representatives;
Parliamentary documents. - Bill No. 50-1888/1.
Session 2002-2003.
House of Representatives.
Parliamentary documents. - Amendments, n^bones 50-1888/2 and 3. - Report, number 50-1888/4. - Text adopted by the commission, no. 50-1888/5. - Text adopted in plenary and transmitted to the Senate, No. 50-1888/6.
Full report. 12 and 13 February 2003.
Senate.
Parliamentary documents. - Project referred to by the Senate, No. 2-1475/1. Amendments, No. 2-1475/2. - Report, no. 2-1475/3. - Text corrected by the commission, no. 2-1475/4. Amendments, No. 2-1475/5. - Decision not to amend, No. 2-1475/6.
Annales of the Senate: March 27, 2003.