10 JUIN 2001. - An Act to amend the Act of 10 April 1990 on custodial enterprises, security companies and internal custodial services (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. Article 1^er of the Act of 10 April 1990 on custodial enterprises, security companies and internal custodial services, as amended by the Acts of 18 July 1997 and 9 June 1999, is added a paragraph 5, which reads as follows:
“§ 5. Is considered as an operating seat, within the meaning of this Act, each permanent infrastructure at the beginning of which the natural and legal persons referred to in §§ 1^er in 3 of this article, organize guardianship or security activities. »
Art. 3. In section 2 of the Act, as amended by the Acts of 18 July 1997 and 9 June 1999, the following amendments are made:
1° to § 1^erParagraph 1^er, the words "No one can operate a custodial company or arrange an internal custodial service" are replaced by the words "No one can offer the services of a custodial company or organize those of an internal custodial service";
2° to § 1^er, paragraph 2, the words "related to technical equipment" are replaced by the words "concerning the minimum number of persons referred to in Article 6 and the means of organisation, techniques and infrastructure";
3° to § 1^erbetween paragraph 2 and paragraph 3, the following paragraph shall be inserted:
"When the applicant does not have an operating seat in Belgium, the Minister of the Interior shall take into account, at the time of appreciation of the application for authorization, the guarantees made within the framework of the legal and regulated exercise of the guardianship activities concerned in another Member State of the European Union. »;
4° to § 1^er, paragraph 6, the words "sporadically and" are inserted between the words "who exercise" and the words "graciously these activities", the words "and of the official designated by the Minister of the Interior" are deleted and the words "articles 2, § 2, § 2, 3, 8, § 3, 13, 14 and 20" are replaced by the words "articles 2, § 2, 3, 8, § 3, 11, paragraph 1^er13, 14 and 20";
5° to § 1^er the last paragraph is deleted;
6° to § 3, the last paragraph is deleted;
7° to § 4, the word "goods" is replaced by the word "values".
Art. 4. In section 4 of the Act, as amended by the Acts of 18 July 1997 and 9 June 1999, the following amendments are made:
1° to paragraph 1^er, the words "No one can operate a security company" are replaced by the words "No one can offer the services of a security company";
2° in paragraph 2, the words "to the financial means and" are deleted;
3° between paragraph 2 and paragraph 3, is inserted the following paragraph:
"When the applicant does not have an operating seat in Belgium, the Minister of the Interior shall take into account, at the time of appreciation of the application for approval, the guarantees made under the legal and regulated exercise of security activities in another Member State of the European Union. »;
Art. 5. It is inserted in the same law an article 4bis, which reads as follows:
"Art. 4bis. In derogation from articles 2, § 1^erParagraph 1^erand § 4, paragraph 1^er, the King may stipulate that, in the event of a merger, splitting, incorporation of a generality or branch of activity or modification of the legal personality, the new legal entity may, with respect to the conditions set by him, continue the activities of the enterprise with the initial authorization or approval during the period preceding the notification of the decision relating to the application for authorization or approval. »
Art. 6. Article 5, paragraph 1^erthe same Act, as amended by the Acts of 18 July 1997 and 9 June 1999, the following amendments are made:
1° The introductory sentence of the first paragraph is replaced by the following provision:
"People who are responsible for the effective management of a custodial company, an internal custodial service or a security company, as well as those who sit on the board of a security company, a security company or a company that organizes an internal custodial service, who are considering activities as provided for in section 1^er§ 1^erParagraph 1^er5° of this Act shall meet the following conditions:"
2° to 1°, the words "or imprisonment of at least three months of the head of voluntary assaults" are inserted between the words "of the head of any offence" and the words "or less imprisonment", the word "recel," is inserted between the word "vol," and the word "extortion" and the words "or by the law of July 30, 1981 to suppress certain acts inspired by racism and xenophobia" are added by the words "by law"
3° to 3°, the words "home or, if not, their habitual residence" are replaced by the words "main residence";
4° to 4°, the words "who pursues custodial activities" are replaced by the words "who exercises a leadership function".
Art. 7. In section 6 of the Act, replaced by the Acts of 18 July 1997 and 9 June 1999, the following amendments are made:
1° to paragraph 1^er1° is replaced by the following provision:
"Not having been sentenced, even with a suspended sentence, to imprisonment for at least six months of any offence or to imprisonment for at least three months of the head of voluntary assaults or to imprisonment of the chief of theft, recel, extortion, abuse of trust, scam, false writings, stabbing, rape or offences referred to in sections 379 to 386ter of »;
2° to paragraph 1^er, the 3° is replaced by the following provision:
"3° having their main residence in a Member State of the European Union. »;
3° to paragraph 1^er, 4°, the words "who pursues custodial activities" are replaced by the words "who exercises a performance function";
4° to paragraph 1^er, 6°, the word "aoft" is replaced by the word "August";
5° in the first sentence of paragraph 2, the words "The conditions set at 2°, 3° and 5°" are replaced by the words "The conditions fixed in paragraph 1^er, 2°, 3°, 5° and 8°";
6° in paragraph 2, the second sentence is deleted;
7° to paragraph 4, the words "The conditions fixed at 2° and 3°" are replaced by the words "The conditions fixed in paragraph 1^er, 2°, 3° and 8°" and the words "in psychotechnical examination" are replaced by the words "in medical and psychotechnical examination".
Art. 8. In article 7 of the same law, the words "organizations that provide the vocational training required under articles 5, first paragraph, 5°, and 6, first paragraph, 5°" are replaced by the words "the trainings prescribed by this Act and the organizations that dispense these trainings".
Art. 9. In section 8 of the Act, as amended by the Acts of 18 July 1997 and 9 June 1999, the following amendments are made:
1° § 2 is supplemented by the following paragraph:
"The King may also prohibit or link to conditions the carrying of arms during the exercise of certain guardianship activities. For the execution of the following missions, no weapons may be carried:
1° the activities referred to in Article 1^er§ 1^erParagraph 1^er4° and 5° of this Act;
2° the activities referred to in Article 1^er§ 1^erParagraph 1^er, 1°, of this Act, when carried out in places accessible to the public. »;
2° § 3 is replaced by the following provision:
“§3. Persons who are responsible for the effective management of a custodial company, an internal custodial service or a security company, as well as persons engaged in the activities referred to in section 1^er of this Act, where they have a residence in Belgium or where they do not have a residence in Belgium but carry out activities referred to in Article 1^er§ 1^erParagraph 1^er5°, of this Act, must be holders of an identification card issued by the Minister of the Interior. The identification card model is fixed by him. The company itself will not be able to issue any similar documents to its staff.
The identification card shall be issued when the person concerned meets the conditions set out in sections 5 or 6 of this Act or, if he or she has no residence in Belgium, when he or she meets at least the conditions that provide an equivalent guarantee.
Persons referred to in paragraph 1^er, can only operate if they carry the identification card. Persons who are not subject to an obligation to have an identification card may only be engaged if they have an identification card or documents defined by the King, which it appears that they meet all legal requirements or that they meet at least the conditions that provide an equivalent guarantee. They must hand over these identification cards or documents to any requisition of persons referred to in section 16 of this Act.
Persons engaged in the activities referred to in Article 1^er this Act shall, in the course of carrying out its activities, clearly readable the identification card or identification badge indicating their name, the name of the company and the address of the operating seat.
The King sets out the terms and conditions for the issuance, validity and destruction of identification cards. »;
3° in § 5, the words "Article 1^er§ 1^er, 3°" are replaced by the words "article 1^er§ 1^erParagraph 1^er3°;
4° it is added to §§ 8 and 9, as follows:
Ҥ 8. Persons engaged in activities referred to in Article 1^er of this Act, may not impose any other acts other than those arising from the rights of any citizen and the powers expressly provided for in this Act or its enforcement orders.
§ 9. Custodial officers are prohibited from receiving tips or other retributions from third parties, with the exception of cases and in the manner determined by the King. »
Art. 10. In section 9 of the Act, amended by the Act of 9 June 1999, the following amendments are made:
1° to paragraph 1^erwhich shall form § 1^er, the words "they first inform the village of the municipality concerned" are replaced by the words "they first inform the village of the municipality concerned when they have an operating seat in Belgium and the Minister of the Interior, when they do not have an operating seat in Belgium";
2° to paragraph 2, which will form paragraph 1^er the word "goods" is replaced by the word "values" and the words "territorially competent gendarmerie authorities" are replaced by the words "federal police";
3rd paragraph 3 shall form paragraph 2 of § 2;
4° 1 § 3, as follows, is inserted:
“§3. The King defines the documents and information to be transmitted under §§ 1^er and 2. »;
5° to paragraph 4, which will form § 4, the words "and the persons referred to in Article 2, § 3, paragraph 3, of this Law" are deleted.
Art. 11. In Article 10 of the Act, replaced by the laws of 18 July 1997 and 9 June 1999, the words "as well as the persons referred to in Article 2, § 3, paragraph 3, of this Act" are deleted.
Art. 12. In section 11 of the Act, the following amendments are made:
1° to paragraph 1^er, the words "and internal custodial services" are inserted between the words "custodial companies" and the words "in the framework";
2° the last paragraph is supplemented by the following provision:
"This prohibition is not applicable to internal custodial services organized by public transport companies. »
Art. 13. Article 15 of the Act, as amended by the Law of 9 June 1999, is supplemented by § 3, which reads as follows:
“§3. No person may use the service services of an unauthorized custodial company or an unregistered security company. »
Art. 14. In section 16 of the Act, the following amendments are made:
1° to paragraph 1^er, the words "members of the municipal police, the gendarmerie, the judicial police" are replaced by the words "members of the police services";
2° in paragraph 4, the words "of the municipal police and the gendarmerie" are replaced by the words "of the police services".
Art. 15. Article 17, paragraph 1^erthe same Act, as amended by the Acts of 18 July 1997 and 9 June 1999, the following amendments are made:
1° to 1° the words "when the security company, the security company or the internal security service does not comply with the requirements of this Act and its enforcement orders, or no longer complies with their conditions, or carries out activities incompatible with the public order or the internal or external security of the State, or" are inserted between the words "at Articles 2 and 4" and the words "when" are found;
2° 2° is supplemented by the words "or no longer satisfy their conditions";
3° the 3° is replaced by the following:
"3° withdraw or suspend for a maximum period of six months the approval granted, in accordance with section 7 of this Act, where the body or training no longer meets the conditions laid down by the King. »
Art. 16. In section 18 of the Act, as amended by the Acts of 18 July 1997 and 9 June 1999, the following amendments are made:
1st paragraph 1^er is replaced by the following provision:
"The offences under articles 8, § 2, paragraphs 2 to 5, and 11, are punishable by a fine of 25.00 to EUR 25,000.00. Offences under section 10 are punishable by a fine of 2.50 to EUR 2 500.00. »;
2° the last paragraph is deleted.
Art. 17. In section 19 of the Act, as amended by the Acts of 18 July 1997 and 9 June 1999, the following amendments are made:
1° to § 1^erParagraph 1^er is replaced by the following provision:
"An administrative fine of 25.00 to EUR 25,000.00 may be imposed on any natural or legal person who contravenes this Act or its enforcement orders, except for offences referred to in section 18. »;
2° to § 1^erParagraph 3 is replaced by the following provision:
"When they do not have an operating seat in Belgium, custodial companies, security companies and companies that organize an internal guarding service provide a feasible banking guarantee at first request with a sum of EUR 12,500.00 in guarantee of payment of royalties and administrative fines. This bank guarantee must be launched by the Belgian authorities. The King defines the terms and procedure for depositing this bank guarantee, the way in which the authorities use this bank guarantee and its supply. »;
3° in § 3, paragraph 3, the words "and, if any, to the persons referred to in Article 2, § 3, paragraph 3, of this Law" are deleted;
4° § 4 is replaced by the following provision:
Ҥ4. The person who contravenes the law or the civilly responsible person may, within the time limit set by the King for the payment of the fine, challenge the application of the administrative fine by request to the Brussels Court of First Instance. This appeal suspends the enforcement of the decision.
Where the offender or the civilly responsible person remains in default of payment of the fine within the specified time limit, and the possibility of appeal set out in paragraph 1^er, is exhausted, the decision to impose an administrative penalty has enforceable force, and:
1° the employee, referred to in § 2, enjoined, by registered letter, the credit agency that issued the bank guarantee to the offender or the civilly responsible person, to make the payment of the amount of the administrative fine;
2° in the absence of a bank guarantee, the grievor, referred to in § 2, imposes a constraint on which the requirements of Part 5 of the Judicial Code are applied. »;
5° § 5 is deleted;
6° § 6 becomes § 5.
Art. 18. In section 20 of the Act, as amended by the Acts of 18 July 1997 and 9 June 1999, the following amendments are made:
1st paragraph 1^er is replaced by the following:
« § 1^er. In order to cover the administrative, supervisory and supervisory costs required for the purposes of this Act and its enforcement orders, the King shall determine the rate, time and payment of royalties to be charged to any company, service or agency whose activities are subject to authorization or approval.
§ 2. The fee is notified by registered letter.
§ 3. Where the debtor remains in default of payment of the royalty within the specified time limit:
1° the official, appointed by the Minister, by registered letter, enjoining the credit agency that issued the bank guarantee to the debtor, to pay the amount of the royalty;
2° in the absence of a bank guarantee, the civil servant referred to in § 2 lays down a constraint to which the requirements of Part 5 of the Judicial Code are applied. »;
2° Paragraph 2 becomes § 4.
Art. 19. In section 22 of the Act, as amended by the Acts of 18 July 1997 and 9 June 1999, the following amendments are made:
1° to § 2, the words "Article 1^er§ 1^er, a) and b) are replaced by the words "Article 1^er§ 1^erParagraph 1^er1° and 2°";
2° to § 3, paragraph 1^er, the words "with the exception of continued training" are inserted between the words "article 5, paragraph 1^er, 5°" and the words "if they exercised leadership functions" as well as between the words "Article 6, paragraph 1^er, 5°" and the words "if they perform performance functions";
3° in § 3, paragraph 2, the words "with the exception of continued formation" are inserted between the words "Article 5, paragraph 1^er, 5°" and the words "if they exercised leadership functions" as well as between the words "Article 6, paragraph 1^er, 5°" and the words "if they perform performance functions";
4° it is added a § 6, as follows:
"For the period between the date of entry into force of this Act and December 31, 2001, the amounts of 2.50 to EUR 2,500.00 referred to in section 18, paragraph 1 shall apply.^er, the amounts of 100 to 100,000 Belgian francs, instead of the amounts of 25.00 to EUR 25,000,00 referred to in articles 18, paragraph 1^er, and 19 § 1^erParagraph 1^er, the amounts of 1000 to 1000 000 Belgian francs and instead of the amount of EUR 12 500,00, referred to in Article 19, § 1^erparagraph 3, the amount of 500,000 Belgian francs. »
Art. 20. The King may coordinate the provisions of the Act of 10 April 1990 on custodial carriers, security companies and internal custodial services and the provisions that would have expressly or implicitly amended them at the time when coordination is established.
To this end, He may:
1° amend the order, numbering and, in general, the presentation of the provisions to be coordinated;
2° amend the references contained in the provisions to be coordinated with a view to aligning them with the new numbering;
3° amend the drafting of the provisions to be coordinated in order to ensure their consistency and to unify the terminology without prejudice to the principles set out in these provisions.
The co-ordinations will bear the following title: "Laws on custodial companies, security companies and internal guarding services, coordinated the ...".
Art. 21. This Act comes into force on the day of its publication in the Belgian Monitor.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 10 June 2001.
ALBERT
By the King:
The Minister of the Interior,
A. DUQUESNE
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Note
(1) Regular session 2000-2001 (third session of the 50th session)^e legislature)
House of Representatives
Documents. - Bill, 50-1142 - No. 1. - Amendments, 50-1142, No. 2. - Amendments, 50-1142, No. 3. - Report made on behalf of the commission, 50-1142, No. 4. - Text adopted by the Commission, 50-1142, No. 5. - Text adopted in plenary and transmitted to the Senate, 50-1142, No. 6.
Full report. - 17 May 2001.
Senate
Documents. - Project transmitted by the Chamber, 2-758, No. 1. - Project not referred to by the Senate, 2-758, No. 2.
Adopted. - 24 May 2001.