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Law On The Creation Of The Federal Agency For The Safety Of The Food Chain (1)

Original Language Title: Loi relative à la création de l'Agence fédérale pour la Sécurité de la Chaîne alimentaire (1)

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belgiquelex.be - Carrefour Bank of Legislation

4 FEBRUARY 2000. - Federal Agency for Food Chain Safety Act (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. It is established, under the name "Federal Agency for the Safety of the Food Chain", hereafter referred to as the "Agency", a public institution with legal personality, classified in category A under the Act of 16 March 1954 relating to the control of certain bodies of public interest.
The King, by order deliberately in the Council of Ministers, shall rule the place of establishment, organization and operation of the agency, provided that it has not been regulated in the Act of 16 March 1954 or in this Act.
Art. 3. Unless otherwise specified, the Minister shall hear for the purposes of this Act: the Minister responsible for Public Health.
Art. 4. § 1er. The purpose of the agency is to ensure the safety of the food chain and the quality of food to protect the health of consumers.
§ 2. To this end, the agency is responsible for the development, application and control of measures that relate to the analysis and management of risks that may affect the health of consumers.
§ 3. In the interest of public health, the agency is competent to:
1° the control, examination and expertise of food products and their raw materials at all stages of the food chain, in the interest of public health;
2° the control and expertise of the production, processing, conservation, transport, trade, import, export and production, processing, packaging, trading, storage and sale of food products and their raw materials;
3° granting approvals and authorizations related to the execution of his mission;
4° the integration and development of systems for the identification and tracing of food products and their raw materials in the food chain and its control;
5° the collection, classification, management, archiving and dissemination of any information relating to his mission. The King shall determine, by order deliberately in the Council of Ministers, the rules relating to the organization, operation and accessibility of databases that may be developed by or in collaboration with the agency;
6° the development and implementation of a policy of prevention, awareness-raising and information, in consultation with communities and regions;
7° monitoring compliance with the legislation on all links in the food chain.
§ 4. As part of its mission, the agency advises the competent authorities on existing and future regulations, including the transfer of international regulations into Belgian law.
§ 5. By order deliberately in the Council of Ministers, the King determines within the framework of the agency's competence the tasks for which the agency can be assisted by third parties or that the agency can enforce by third parties and determine the conditions related thereto.
Art. 5. The competences of individuals, institutions, services and agencies who enter within the framework of the agency's tasks described in Article 4, as well as the rights and obligations thereto, are transferred to the agency, in the manner to be determined by the King by deliberate order in the Council of Ministers.
The King is empowered, by deliberate decrees in the Council of Ministers, to repeal, supplement, amend, replace and coordinate the legal provisions below, as well as to take measures and orders to carry out this transfer, to make the agency operational, to avoid conflicts of competence, to render control over the security of the food chain and on food quality by the agency as effectively as possible and to make optimal use of the available means:
1° the Act of 24 February 1921 concerning the trafficking of poisonous, soporific, narcotic, disinfectant or antiseptic substances;
2° the Act of 5 September 1952 on expertise and meat trade;
3° the Act of 25 March 1964 on medicines;
4° the Act of April 15, 1965 concerning the expertise and trade of fish, poultry, rabbits and game and amending the Act of September 5, 1952 on the expertise and trade of meats;
5° the Act of 29 March 1958 on the protection of the population from the dangers of ionizing radiation;
6° the Act of 11 July 1969 on pesticides and raw materials for agriculture, horticulture, forestry and livestock;
7° the Act of 2 April 1971 on the Control of Pests for Plants and Plants;
8° the Act of 28 March 1975 on trade in agricultural, horticulture and maritime fisheries products;
9° the Act of 24 January 1977 on the Protection of Consumer Health with regard to food and other products;
10° the Act of June 21, 1983 relating to animal medicines;
11° the Act of 15 July 1985 on the use of hormone-effect substances, anti-hormonal effect, beta-adrenergic effect or stimulator effect of production in animals;
12° the Protection and Welfare of Animals Act of 14 August 1986;
13° the Act of 24 March 1987 concerning the health of animals;
14° the Act of 20 July 1991 on social and other provisions;
15° the Act of 28 August 1991 on the Exercise of Veterinary Medicine.
Art. 6. § 1er. The management of the agency is entrusted by an indeterminate working contract to a delegated administrator who preferably provides proof of the knowledge of the two national languages, in accordance with Article 43, § 3, paragraph 3, of the coordinated laws of 16 July 1966 on the use of languages in administrative matters.
If the knowledge referred to in the previous paragraph is not proven, an assistant hired by an indeterminate employment contract will assist the delegated administrator.
If a member of the statutory staff is designated as a delegated administrator or, where appropriate, as an assistant, he/she retains for the total duration of his/her contractual occupation the statutory and monetary situation that he/she had at the beginning of his/her contractual occupation.
§ 2. The delegated administrator is selected by a selection commission composed by the appropriate minister and minister for the Public Service.
The selection committee shall present a candidate on the basis of detailed and duly motivated reports. The selection procedure must in any case include the competence aspect of organizational and safety changes in the food chain.
§ 3. The delegated administrator is appointed by the King, on the proposal of the Minister, after deliberation of the Council of Ministers.
The King shall determine by order deliberately in the Council of Ministers the terms of application, the conditions for the designation and exercise of the function, and the terms of contract and the financial status to which the delegated administrator shall be submitted.
§ 4. Daily management is entrusted to the managing director.
The King can also assign him specific skills.
The delegated administrator and, where applicable, the Assistant shall exercise the hierarchical authority over the staff of the agency.
§ 5. The King determines by order deliberately in the Council of Ministers the conditions for recruitment of statutory personnel and contractual personnel, in order to ensure the objectivity, independence and competence of staff.
§ 6. Prior to its entry into office, any member of the agency's statutory or contractual personnel shall declare the interests that it has in any establishment or undertaking that fall within the agency's jurisdiction and undertake to inform the agency of any change in the interest declared.
The King determines by royal decree deliberated in the Council of Ministers the conditions under which the agency organizes the service in order to prevent any conflict of interest.
§ 7. The King determines by royal decree deliberated in the Council of Ministers the framework and administrative and financial status of the staff, as well as the voluntary and ex officio mobility regime to, from or within the agency, with the related terms.
The other executive functions will be entrusted by a mandate whose terms will be determined by a deliberate order in the Council of Ministers.
The staff of departments and agencies of public interest who will be transferred to the agency by order deliberately in the Council of Ministers will be transferred to the agency with continued treatment and seniority.
Art. 7. It is established with the agency an advisory committee, responsible for advising it, both on its own initiative and at the request of the Minister or the managing director, on all matters related to the policy followed and to be followed by the agency.
In any case, this committee includes representatives of the federal authority, regions and communities, consumer associations, and sectors involved in matters within the agency's jurisdiction, as well as experts.
The King determines by order deliberately in the Council of Ministers the incompatibility of the professional exercise of the experts.
The King appoints the members of the committee by order deliberately in the Council of Ministers, and determines its subsequent composition and operation and its date of installation.
Art. 8. A scientific committee, composed of national and international experts, is established with the agency in matters within the agency's jurisdiction.
This committee examines and advises, both on its own initiative and at the request of the Minister or the delegated administrator, on all matters within the agency's jurisdiction and relating to the policy followed and to be followed by the agency.
The committee must be consulted on all bills and all draft royal decrees for the enforcement of laws relating to matters within the agency's jurisdiction.
The King determines by order deliberately in the Council of Ministers the incompatibility of the exercise of the profession of experts.
The King appoints the members of the committee by order deliberately in the Council of Ministers, and determines its subsequent composition and operation and its date of installation.
Art. 9. It is established with the agency a permanent contact point where the consumer can obtain objective information and file individual complaints regarding food quality and safety.
Art. 10. The agency is funded by:
1° the proceeds of the rights, royalties and retributions in the laws referred to in Article 5, provided that the benefit of these provisions has been transferred to the agency by the royal decrees carried out under Article 5;
2° the appropriations in the expenditure budget;
3° of gifts and bequests;
4° casual income;
5° the product of administrative fines;
6° with the agreement of the competent minister for Finance, the proceeds of the investment of financial reserves;
7° a single transfer of resources from existing funds under programs 54.1, 54.2 and 55.2 of the budget of the Ministry of Agriculture and Average Classes, to the extent that they relate to activities to be taken up by the agency;
8° royalties and retributions imposed by the King by decree deliberated in the Council of Ministers, dependant on the natural and legal persons participating in the food chain.
These fees must be determined in particular on the basis of the health risks associated with the activities of the natural and legal persons covered in the food chain, as well as the importance of these activities;
9° the rights imposed by the King by deliberate decree in the Council of Ministers, for the activities of the agency under this Act;
10° revenues from the European Union relating to activities within the scope of this Act;
11° voluntary or contractual contributions.
The King shall determine by order deliberately in the Council of Ministers the method of calculating royalties and retributions referred to in paragraph 8 above, as well as the method of calculating or the amount of rights referred to in paragraph 9 above.
The King shall determine by order deliberately in the Council of Ministers the consequences of default or delay in payment of the amounts referred to in points 1°, 8° and 9° of the first paragraph of this article.
Whoever fails to pay to the agency the amounts referred to in points 1°, 8° and 9° of this article, within the time fixed by the King, shall pay to the agency an increase and interest of delay, whose amount and conditions of application are fixed by royal decree deliberated in the Council of Ministers.
The agency is authorized, with the approval of the Minister of Finance, to borrow, which may be guaranteed by the State, and to have its financial reserves.
Art. 11. The agency may acquire, in the manner and at times specified by Royal Decree deliberated in the Council of Ministers, the equipment and facilities, including the laboratories, necessary. The services, equipment and facilities belonging to the State or to a public body necessary for the execution of the agency's mission as defined in Article 4, are made available free of charge or in an expensive capacity to the agency by the State.
Art. 12. to Article 1er of the Act of 16 March 1954 on the Control of Certain Public Interest Organizations, Class A is supplemented by the words "Federal Agency for the Safety of the Food Chain", to be inserted in alphabetical order.
Art. 13. § 1er. The agency is subject to the minister's authority.
§ 2. The agency submits to the Minister quarterly reports on its activities, within the month following the reporting period, as well as an annual report on its activities, including an assessment of the results achieved against its missions, which it also submits to Parliament.
The agency submits to the Minister and the Minister responsible for the Quarterly Situations Budget in the month of the end of the reporting period. It draws the annual performance account of its budget by 30 April, as well as an active and passive situation by 31 December of the year under review.
Art. 14. The agency is created from 1er January 2000.
The agency exercises its advisory skills as soon as it is established. The King determines by order deliberately in the Council of Ministers the dates from which it exercises its other powers.
The powers conferred on the King by Article 5 and Items 8 and 9 of Article 10 expire one year after the coming into force of this Act.
Royal Decrees pursuant to Article 5 are repealed in full law when they have not been confirmed by the legislator no later than eighteen months after the coming into force of this Act.
Royal decrees pursuant to items 8° and 9° of section 10 are repealed in full right with retroactive effect on the date of their entry into force, if they have not been confirmed by the legislature within eighteen months after the coming into force of this Act.
After the expiry of the powers conferred by Article 5 and Items 8 and 9 of Article 10, orders confirmed by law may only be amended, supplemented, replaced or repealed by law.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 4 February 2000.
ALBERT
By the King:
The Minister of Budget,
J. VANDE LANOTTE
The Minister of Public Health,
Ms. M. AELVOET
Minister of Public Service,
L. VAN DEN BOSSCHE
Minister of Agriculture,
J. GABRIELS
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Notes
(1) See:
Documents of the House of Representatives:
50-232 - 1999/2000:
No. 1. Bill.
N 2 and 3. Amendments.
No. 4. Report.
No. 5. Text adopted by the Commission.
No. 6. Text adopted in plenary and transmitted to the Senate.
Annales de la Chambre : 15 et 16 décembre 1999.
Documents of the Senate:
2-241 - 1999/2000:
No. 1. Project transmitted by the House of Representatives.
No. 2. Amendments.
No. 3. Report.
No. 4. Text adopted by the Commission.
No. 5. Amendments.
Annales of the Senate: January 20, 2000.