18 JULY 1997. An Act to amend the Act of 10 April 1990 on Custodial Companies, Security Companies and Internal Guarding Services, the Act of 19 July 1991 organizing the profession of private investigator and the Act of 3 January 1933 on the manufacture, trade and port of arms and the trade of ammunition (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.
CHAPTER I. - Amendments to the Act of 10 April 1990 on custodial enterprises, security companies and internal custodial services
Art. 2. Article 1^er of the Act of 10 April 1990 on custodial enterprises, security companies and internal custodial services, the following amendments are made:
1° 1^er is replaced by the following paragraphs:
« 1^er. Is considered as a custodian within the meaning of this Act, any legal or physical person exercising, other than in the connection of a contract of work, an activity of providing to third parties, permanently or occasionally, services of:
1° monitoring and protection of movable or immovable property;
2° protection of persons;
3° monitoring and protection of the transport of values;
4° Management of alarm centers.
As defined in paragraph 1^er, 3°, are considered as values all goods which, because of their precious character or their specific nature, are subject to a threat. However, the King may exclude certain values from the scope of this Act.
Not considered custodial enterprises, associates of an authorized custodial company, who actually carry out activities defined in paragraph 1^er, where they are united, by alliance or by a relationship to the second degree, with one of the founding associates or where the company concerned has a maximum of four active associates who carry out activities defined in paragraph 1^er. »
2° the 3 is replaced by the following:
"A security company, as defined in this Act, is considered to be any natural or legal person engaged in an activity of providing, on a permanent or occasional basis, third parties with the design, installation, maintenance or repair of alarm systems and exchanges.
Derogation from paragraph 1^er and without prejudice to section 12 is not considered to be a security company the natural or legal person who carries out the activities, as defined in paragraph 1^erexclusively to ensure the safety of vehicles, as defined in the Royal Decree of 1^er December 1975, the General Regulation on Road Traffic Police. »
Art. 3. The following amendments are made to section 2 of the Act:
1° to 1^erParagraph 5 is replaced by the following provision:
"The authorization may be repealed at the request of the custodial company or the company that organizes the internal guarding service, in accordance with the terms to be determined by the King. »
2° to 3, paragraph 1^er, the words "European Communities" are replaced by the words "European Union. »
Art. 4. In section 4 of the Act, the following amendments are made:
1° paragraph 3 is supplemented by the words "or repealed at the request of the security company, in accordance with the terms to be determined by the King";
2° Paragraph 4 is repealed.
Art. 5. Article 5, paragraph 1^er the following amendments are made:
1° to 1°, paragraph 1^er and paragraph 3 are replaced by the following paragraphs:
(a) "1° not having been condemned, even with suspended, to imprisonment for at least six months of the offence or to a lesser imprisonment of the chief of theft, extortion, abuse of trust, scam, fake in writing, stench, rape or offences referred to in sections 379 to 386ter of the Criminal Code, in respect of article 259bis of the Criminal Code,
(b) "The custodial or security company or the internal custodial service shall immediately notify the Minister of the Interior as soon as the company or service becomes aware of the fact that a person no longer meets this condition as a result of a judgment cast in force of a measure judged and must immediately terminate any work performed by that person in that undertaking or service,"
2° 2° is replaced by the following provision:
"to be a national of a member state of the European Union",
3° 6° is replaced by the following provision:
"6° was not, in the preceding five years, members of a police service as defined by the Act of 5 August 1992 on the police function, or a public intelligence service, as defined by the Act of 18 July 1991 on the control of the police and intelligence services, or having performed one of the military functions or one of the public functions listed by the King."
Art. 6. Section 6 of the Act is replaced by the following provision:
“Art. 6. Persons who exercise, in a caregiver, a security company or an internal caregiver, a function other than those referred to in section 5, shall meet the following conditions:
1°33 not having been condemned, even suspended, to imprisonment of at least six months of the head of any offence or to a lesser imprisonment of the chief of theft, extortion, abuse of trust, scam, fake in writings, stench attack, rape or "overeenkomstig de door de Koning te bepalen nadere regels" in articles 379 to 386ter
Persons who, abroad, have been convicted of similar acts by a judgment cast in force of tried or those who have been sentenced abroad to a term of not less than six months ' imprisonment for any offence, are deemed not to satisfy the above condition.
Any person who is no longer satisfied with this condition as a result of a judgment cast in force of evidence is required to immediately inform the persons who provide the effective direction of the custodial company, the internal guarding service or the security company.
The custodial or security company or the internal custodial service shall immediately notify the Minister of the Interior as soon as the company or service becomes aware of the fact that a person no longer meets this condition as a result of a judgment cast in force of a measure judged and shall immediately terminate any work performed by that person in that undertaking or service;
2° be nationals of a Member State of the European Union;
3° having their domicile or, if not, their habitual residence in Belgium;
4° do not simultaneously carry out activities of private investigator, manufacturer or merchant of arms or ammunition or any other activity which, by the fact that it is carried out by the same person as that which pursues the activities of guardianship, may constitute a danger to public order or the internal or external security of the State;
5° satisfying the conditions of professional training and medical and psychotechnical examinations, arrested by the King;
6° having not been, in the preceding five years, members of a police service as defined by the Act of 5 Aoft 1992 on the police function, or a public intelligence service, as defined by the Act of 18 July 1991 on the control of the police and intelligence services, or having performed one of the military functions or one of the public functions on a list of the King;
7° to be aged eighteen years.
The conditions set out in 2°, 3° and 5° shall not apply to the administrative or logistical personnel of the enterprises covered by this article.
Is considered to be administrative and logistical personnel within the meaning of this Act, staff who do not take part in the exercise of the activities listed in section 1^er.
The conditions set at 2°, 3°, as well as the conditions for the psychotechnical examination referred to in 5°, do not apply to personnel of security companies.
The conditions set out in Article 5 and this Article shall be cumulatively fulfilled by persons who simultaneously exercise executive and executive functions. »
Art. 7. The following amendments are made to section 8 of the Act:
1° to 2, paragraph 2 is replaced by the following provision:
"For the performance of their missions, only the staff of the said companies and the services or persons working on their behalf, who have successfully completed training at a fire stand approved in accordance with the Act of 3 January 1933 on the manufacture, trade and port of arms and the trade of ammunition, are authorized to hold, carry and carry weapons. Guards who do not have a satisfactory professional experience of at least 6 months must, during the performance of armed missions, be permanently supervised by one or more experienced guards. The King determines what to hear by "satisfactory professional experience" and "experienced care". » .
2° to 2, paragraph 6 is repealed;
3° to 3, the following sentence is inserted after the word "police":
"The company will not be able to issue any similar documents to its staff. »
4° to 5, paragraph 1^er is replaced by the following provision:
"The King may determine conditions under which custodial companies and internal custodial services may use certain means and methods in carrying out their duties. It may also impose conditions on the user of the services referred to in Article 1^er, 1^er, 3°, so that they take measures to ensure maximum safety.
In the event of an emergency and in the event of a serious and imminent threat to public order, the Minister of the Interior may, in the interest of public order, temporarily or permanently prohibit, on the public road and in places accessible to the public, the exercise of certain missions or the use of certain means or methods or impose additional security measures. »
5° to 5, paragraph 2 becomes paragraph 3.
Art. 8. Section 10 of the Act is replaced by the following provision:
“Art. 10. Without prejudice to Article 30 of the Code of Criminal Investigation and Article 1^er, 3° of the Act of 20 July 1990 on preventive detention, custodial companies, internal custodial services, personnel of these companies or services and persons working on their behalf shall promptly communicate to the judicial authorities, whenever they so request, all information relating to the offences they are aware of in the exercise or during the exercise of their activities. »
Art. 9. In article 11, paragraph 2, of the same law, the words "or mutuality" are inserted after the word "unions" and the words "or this affiliation" after the words "these opinions".
Art. 10. Section 14 of the Act is replaced by the following provision:
“Art. 14. Custodial and security companies and internal custodial services send annually to the Minister of the Interior, on the date he determines, a report of activities that he determines.
The Minister of the Interior shall report annually to the House of Representatives before 30 October on the application of this Act. »
Art. 11. Article 17, paragraph 1^er1° to 3°, the same law is replaced by the following:
"1° withdraw or suspend for a maximum period of six months, for all activities carried out or for some of them, for all places where they are exercised or for some of these places only, the authorization or approval granted in accordance with Articles 2 and 4:
(a) where the custodial company, security enterprise or internal security service does not comply with the provisions of this Act and its enforcement orders or no longer meets the conditions or performs activities incompatible with public order or with the internal or external security of the State;
(b) where deficiencies are found in the control exercised by such a company or service on compliance with the provisions of this Act by the staff or persons working on their behalf.
2° withdraw to persons referred to in section 8, 3, or hold for a maximum of six months, for all activities carried out or for part of them, for all places where such activities are carried out or for some of them the identification card that has been issued to them in accordance with that provision, where such persons do not comply with the provisions of this Act or its enforcement orders;
3° to withdraw or suspend for a maximum period of six months the approval granted to the bodies referred to in section 7, where the body does not comply with the provisions of this Act and its enforcement orders or no longer meets the conditions. » .
Art. 12. The following amendments are made to section 18 of the Act:
1st paragraph 1^er is replaced by the following provision:
"The offences under articles 8, 2, paragraphs two to five, and 11, as well as the orders made pursuant to section 8, 5, are punished by a fine of 1,000 to 1,000 000 francs. Offences under sections 8, 3, and 10 are punishable by a fine of 100 to 100,000 francs. »
2° Paragraph 5 is repealed.
Art. 13. Section 19, 2, paragraph 2, of the Act is replaced by the following provision:
"The King's Prosecutor shall have a period of one month from the date of receipt of the minutes, to review the qualification of the facts and, if necessary, to inform the grievor referred to in paragraph 1 of what, in view of this qualification, he considers that he must enforce section 18. »
Art. 14. Section 21 of the Act is replaced by the following provision:
“Art. 21. This Act does not apply to special guards referred to in sections 61, 62 and 63 of the Act of 7 October 1886 containing the Rural Code, section 177 of the Act of 19 December 1854 containing the Forest Code, section 31 of the Act of 1^er July 1954 on river fishing, at the Royal Decree of 29 August 1926 on the aggregation of guards to monitor the execution of the Act of 10 March 1925 on the distribution of electrical energy and articles 84 and 85 of the Royal Decree of 23 September 1958 on the general regulation on the manufacture, storage, possession, flow, transport and use of explosive products. »
Art. 15. Section 22, 3, of the Act, as amended by the Act of July 19, 1991, organising the profession of private investigator, is replaced by the following provision:
“3. Persons who, as of May 29, 1990, were employed by a custodial company, or by an internal custodial service, are expected to have met the requirements set out in section 5, paragraph 1^er, 5°, if carried out directional functions and conditions specified in Article 6, paragraph 1^er, 5°, if they performed performance functions.
Persons who, as of 29 May 1990, were employed by a security company, are expected to have met the conditions set out in Article 5, paragraph 1^er, 5°, if they perform directional functions and are expected to have met the conditions set out in Article 6, ali-néa 1^er, 5°, if they performed performance functions. »
Art. 16. Article 23 bis, as follows, is inserted in the same law:
"Art. 23bis. It is established a Private Security Advisory Board, which is responsible for advising the Minister of the Interior on the policy on matters covered by this Act and related matters.
The King determines the composition, tasks and organization of this Council. »
CHAPTER II. - Amendment of the Act of 19 July 1991 organizing the profession of private investigator
Art. 17. An article 23bis, which reads as follows, is included in the Act of 19 July 1991 which organizes the profession of private investigator as amended by the Act of 30 December 1996:
"Art. 23bis. It is established a Private Security Advisory Board, which is responsible for advising the Minister of the Interior on the policy on matters covered by this Act and related matters.
The King determines the composition, tasks and organization of this Council. »
CHAPTER III. - Amendments to the Act of 3 January 1933 concerning the manufacture, trade and port of arms and the trade of ammunition
Art. 18. Section 12, paragraph 2, of the Act of 3 January 1933 on the manufacture, trade and port of arms and the trade of ammunition, as amended by the Act of 29 July 1934, is repealed.
Art. 19. An article 14ter, as follows, is inserted in the same law, as amended by the laws of 29 July 1934, 4 May 1936, 6 July 1978, 30 January 1991, 5 August 1991 and 9 March 1995:
"Article 14ter. Only natural or legal persons authorized in accordance with Article 1^er are authorized to operate a firearm shooting facility, located in a closed or non-local location, or occasionally or regularly organize sports shooting exercises.
The King sets the conditions of approval, on the proposal of the ministers who have the Justice and the Interior in their powers.
This section does not apply to firing facilities or exercises reserved exclusively for the training or training of service officers of the authority or public force determined in accordance with section 22, paragraph 3. »
Art. 20. 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 18 July 1997.
ALBERT
By the King:
The Minister of the Interior,
J. VANDE LANOTTE
Minister of Justice,
S. DE CLERCK
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
For viewing the footnote, see image