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Miscellaneous Provisions Act On The Economy (1)

Original Language Title: Loi portant dispositions diverses en matière d'Economie (1)

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belgiquelex.be - Carrefour Bank of Legislation

29 JUNE 2016. - Act respecting various economic provisions (1)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
CHAPTER 1er. - General provision
Article 1er. This Act regulates a matter referred to in Article 74 of the Constitution.
CHAPTER 2. - Amendments to the Economic Law Code
Section 1re. - Amendments to Book Ier Code of Economic Law
Art. 2. In Book Ier, Title 2, of the Economic Law Code, inserted by the Act of 3 April 2014, the title of Chapter 2 is replaced by the following:
"Chapter 2. - Specific definitions of Book IV."
Art. 3. In section I.6 of the same Code, inserted by the Act of 3 April 2013, the following amendments are made:
1° the words "the following definition is applicable" are replaced by the words "the following definitions are applicable";
2° the mention "- dominant position" is modified by the words "1° dominant position";
3° a 2° is inserted, as follows:
"2° working days: all calendar days, excluding Saturdays, Sundays and statutory holidays, of the closing days fixed by the Minister with the Public Service in his duties, of the closing days fixed by the Minister with the Economy in his duties, of the first day of the calendar year, of November 2 and 15 as well as the days from December 26 to December 31 inclusive. ".
Art. 4. Article I.9 of the same Code, inserted by the Act of 19 April 2014, is supplemented by a 93° written as follows:
"93° Regulation (EU) No 2015/751: Regulation (EU) 2015/751 of the European Parliament and of the Council of 29 April 2015 concerning interchange commissions for payment transactions related to a card. ".
Art. 5. In article I.10, 5°, of the same Code, inserted by the law of 25 April 2013, the word "consumers" and the words "consumer" are replaced respectively by the word "users" and the words "user".
Art. 6. In article I.16 of the same Code, inserted by the law of 19 April 2014, the 4th is repealed.
Section 2. - Amendment of Book III of the Economic Law Code
Art. 7. Section III.63 of the same Code is repealed.
Section 3. - Amendment of Book V of the Economic Law Code
Art. 8. In Article V.10, § 1erParagraph 2 is replaced by the following:
"By new drugs, we hear:
- all medications referred to in Article V.9, 1°, first placed on the market by a holder of the marketing authorization of the drug or the registration of the drug or by a holder of a parallel import authorization or by a holder of a notification issued by the European Agency for the evaluation of drugs for parallel distribution;
- all objects, devices or substances, as referred to in Article V.9, 2°, which may be considered in whole or in part to drugs, first placed on the market by a manufacturer, importer or distributor. ".
Section 4. - Amendments to Book VII of the Economic Law Code
Art. 9. Article VII.1. of the same Code, inserted by the Act of 19 April 2014, is supplemented by a 7° written as follows:
"7° of Regulation (EU) No 2015/751 of the European Parliament and of the Council of 29 April 2015 concerning interchange commissions for payment transactions related to a card. ".
Art. 10. Article VII.2, § 1er, of the same Code, inserted by the Act of 19 April 2014, is supplemented by a paragraph written as follows:
"The provisions of Book VII, Title 3, Chapter 11, regulate a substance referred to in Article 1er Regulation (EU) No. 2015/751. ".
Art. 11. In Article VII.3, § 3, 2°, of the same Code, inserted by the law of 19 April 2014, the following amendments are made:
1° the words "99, § 1er," are replaced by the words "VII.99, § 1er,"
2° the words "VII.94," are inserted between the words "VII.89," and the words "VII.99, § 1 er".
Art. 12. In Book VII, Title 3, of the same Code, inserted by the Act of 19 April 2014, a Chapter 11 entitled "CHAPITRE 11. Interchange committees."
Art. 13. In Chapter 11, inserted by section 12 of this Act, an article VII.63/1, as follows:
"Art. VII.63/1. The King may set a maximum percentage and/or a maximum amount of interchange commissions for consumer debit card transactions carried out at the national level within the meaning of Regulation (EU) No. 2015/751, in accordance with Article 3, paragraphs 2 and 3, of Regulation (EU) No. 2015/751. ".
Art. 14. In Chapter 11, inserted by section 12 of this Act, an article VII.63/2 is inserted as follows:
"Art. VII.63/2. The King may set a maximum percentage and/or maximum amount of interchange commissions for consumer credit card transactions carried out at the national level within the meaning of Regulation (EU) No. 2015/751, in accordance with Article 4 of Regulation (EU) No. 2015/751. ".
Section 5. - Amendments to Book VIII of the Economic Law Code
Art. 15. In Book VIII of the same Code, inserted by the law of 28 February 2013, a Title 4 is inserted entitled "Conformity".
Art. 16. In Title 4 inserted by Article 15, an article VIII.57 is inserted, as follows:
"Art. VIII.57. With a view to the transfer or implementation of Community technical harmonization legislation referred to in Regulation (EC) 765/2008 of the European Parliament and Council of 9 July 2008, the King may:
1° determine the conditions to which products must be made available on the market;
2° to determine the obligations of economic operators;
3° determine the conditions to which notified organisms must satisfy.".
Art. 17. In article VIII.15 of the same Code, inserted by the Act of 28 February 2013, the words "of the federal government" are replaced by the words "of federal and regional public authorities".
Section 6. - Amendments to Book IX of the Economic Law Code
Art. 18. In Article IX.3, § 2, 6°, of the same Code, inserted by the law of April 25, 2013, the word "consumers" is replaced by the word "users".
Art. 19. In article IX.12, 1°, of the same Code, inserted by the law of 25 April 2013, the word "consumers" is replaced by the word "users".
Art. 20. In article IX.13 of the same Code, inserted by the law of 25 April 2013, the word "consumers" is replaced by the word "users".
Section 7. - Amendments to Book XI of the Economic Law Code
Art. 21. In Article XI.82 of the same Code, inserted by the Act of 19 April 2014, paragraph 1er is replaced by the following:
§ 1er. Without prejudice to the application of § 2, the patent application made under the provisions of the European Patent Convention shall be filed with the European Patent Office. ".
Art. 22. Section XI.83 of the same Code, inserted by the Act of 19 April 2014, is replaced by the following:
"Art. XI.83. § 1er. The European patent without a unitary effect granted, or maintained as amended or limited by the European Patent Office, following an application in which Belgium is designated, confers on its holder, regardless of the official language of the European Patent Office in which it is granted, and if so maintained, the same rights as a Belgian patent would confer on it, from the date of publication in the European Patent Bulletin, if any, the mention of the patent
§ 2. The Office of Intellectual Property shall maintain a register of all European patents without a unitary effect referred to in paragraph 1er which have effect on the national territory. The Agency shall make available to the public the text of the patent in the official language of the European Patent Office in which it is granted and, where applicable, maintained.
§ 3. The Office of Intellectual Property receives national fees for the maintenance of the European patent without unitary effect for the years following the one in which the mention of the grant of the patent took place.
§ 4. The provisions of the Agreement relating to a unified patent jurisdiction shall apply to European patents without a unitary effect that took effect on Belgian territory as national patents, subject to the application of Article 83 (1) to (3) and (5) of this Agreement.
§ 5. When the unitary effect of a European patent has been registered under Regulation (EU) 1257/2012, this European patent is deemed not to have taken effect as a national patent on the date of publication of the mention of its grant in the European Patent Bulletin. ".
Art. 23. Section XI.90 of the same Code, inserted by the Act of 19 April 2014, is repealed.
Art. 24. In Article XI.91 of the same Code, inserted by the Act of 19 April 2014, paragraph 1er is replaced by the following:
§ 1er. Without prejudice to the application of § 2, the European Patent Office acts as a receiver within the meaning of Article 2 (xv) of the Patent Cooperation Treaty of 19 June 1970, approved by the law of 8 July 1977. The administration responsible for international research and, where appropriate, the administration responsible for international preliminary examination shall be designated by the King.".
Art. 25. Sections XI.226 and XI.227 of the same Code, inserted by the Act of 19 April 2014, are repealed.
Art. 26. In Article XI.228 of the same Code, inserted by the Act of 19 April 2014, paragraph 1er is replaced by the following:
§ 1er. When the conclusion of an agreement authorizing cable retransmission is impossible, the parties may jointly appeal to three mediators. ".
Art. 27. In Article XI.252, § 3, last paragraph, of the same Code, inserted by the law of 19 April 2014, the words "Article XI.257, § 2" are replaced by the words "Article XI.249, § 2".
Art. 28. In Book XI, Title 5, Chapter 10 of the same Code, Section 1re, inserted by the Act of 19 April 2014, comprising sections XI.274 to XI.278, is repealed.
Art. 29. In Article XI.279 of the same Code, inserted by the Act of 19 April 2014, paragraph 1er is replaced by the following:
§ 1er. The Supervisory Service ensures the application of this title and its enforcement orders by the rights management companies as well as the application of their statutes and rules of pricing, perception and distribution.".
Art. 30. Section XI.286 of the same Code, inserted by the Act of 19 April 2014, is replaced by the following:
"Art. XI.286. § 1er. Without prejudice to paragraphs 2 and 3 and XI.288, the officers of the Supervisory Service shall be bound by a confidentiality obligation in respect of the confidential information they are aware of in the course of the performance of their duties. They shall not, at the end of their duties, exercise for a year no function in a company subject to the control provided for in Chapter 9 or in a large corporation within the meaning of Article 15 of the Code of Companies, of which more than half of the proceeds of exploitation come directly from the exploitation in Belgium of works or protected benefits.
§ 2. The Supervisory Service may, in carrying out the tasks assigned to it, be assisted by independent experts who report to it. These experts are bound by a confidentiality obligation with respect to the confidential information they are aware of in their mission.
§ 3. The Control Service may:
1° transmit confidential information in the course of legal proceedings brought after a legal person has been declared bankrupt or has been reorganised by a court;
2° disclose confidential information concerning legal or physical persons:
(a) injunction of a court;
(b) the Belgian or European authorities responsible for ensuring compliance with legislation on the protection of economic competition;
(c) bodies involved in the liquidation and bankruptcy of legal persons or other similar procedures;
(d) persons responsible for the legal control of the accounts of legal persons;
(e) the authorities responsible for monitoring bodies involved in the liquidation and bankruptcy of legal persons and other similar procedures.
Information may only be provided for the purpose of the recipient's completion of his legal mission as described in paragraph 1er.
As long as this does not prejudice the fulfilment of its mission by the recipient of the information provided by the Supervisory Service, a copy of the information is provided to the legal or physical person concerned. ".
Art. 31. In Article XI.287, § 1er, of the same Code, inserted by the Act of 19 April 2014, paragraph 3 is repealed.
Art. 32. In Article XI.288, paragraph 1 of the same Code, inserted by the law of 19 April 2014, the words "a part "Regulation"," are repealed.
Art. 33. In Article XI.336, § 3, of the same Code, inserted by the law of 19 April 2014, the last paragraph is repealed.
Art. 34. In Book XI, Title 10, of the same Code, Chapter 3, inserted by the Act of 10 April 2014, comprising Articles XI.340 and XI.341, is repealed.
Art. 35. In Article XI.343 of the same Code, inserted by the Act of 19 April 2014, the first paragraph is replaced by the following:
" Clerks of courts and tribunals having rendered a decision, order, judgment or judgment under this Book or Chapter 4 of Title 1er Book XVII provides a free copy of the said decision, order or judgment to the Agency, no later than eight days after the date on which the decision, order, order or judgment has been passed in force or after the date on which the appeal, opposition or appeal in cassation has been filed. Reference is made to the fact that the decision, order, order, order or judgment has been passed in force of judgment or has been struck by appeal, opposition or appeal in cassation. ".
Section 8. - Amendments to Book XV of the Economic Law Code
Art. 36. In Article XV.3 of the same Code, inserted by the law of 20 November 2013, it is inserted a 5° /1, which reads as follows:
"5° /1. to be produced by any person, free of charge and on first requisition, all information allowing the identification of persons under investigation, provided that the identification cannot be done by other means and the investigation framework in the search for and recognition of offences that relate to the provisions of the Economic Law Code relating to obligations of information, to the Bank-Carrefour des Entreprises, to remote contracts, to unfit practices ".
Art. 37. In Book XV, Title 1er, Chapter 1er, of the same Code, inserted by the Act of 20 November 2013, an article XV.3/1, which reads as follows:
"Art. XV.3/1. The King may, by order deliberately in the Council of Ministers, determine the breaches of the provisions of this Code and its enforcement orders for which the agents referred to in Article XV.2 have the competence to approach the company by appearing as potential customers or customers, without having to communicate their quality and the fact that the findings made on this occasion may be used for the exercise of surveillance. Agents referred to in Article XV.2 shall be exempted from punishment, which commit absolutely necessary offences.
They may exercise the skills referred to in Articles XV.3, 2° and XV.4.
The person(s) concerned with the findings cannot be provoked within the meaning of Article 30 of the preliminary title of the Code of Criminal Instruction.
This jurisdiction can only be exercised if it is necessary for the monitoring exercise to be able to see the actual circumstances valid for the usual or potential customers.
An officer referred to in section XV.2 may issue a notice of warning or a notice of report or propose an administrative penalty based, inter alia, on the findings made in accordance with the first paragraph.
If a notice of warning, a report or an administrative penalty is based, among other things, on the findings made in accordance with the first paragraph, the company shall be notified in advance of the notice or a copy of the notice of warning or of the record, or no later than one month before the commencement of the administrative sanction proceedings. ".
Art. 38. In Article XV.8, § 2, of the same Code, inserted by the Act of 20 November 2013, the words "in articles 196, 494, 496, 498 and 499 of the Criminal Code" are replaced by the words "in articles 196, 299, 494 and Book 2, Part IX, Chapter II, section III, of the Criminal Code".
Art. 39. In Book XV, Title 1er, Chapter 2, Section 1ere, of the same Code, inserted by the Act of 21 December 2013, an article XV.16/1, as follows:
"Art. XV.16/1. If there are sufficient clues that a product put on the market:
- does not meet the conditions imposed by the decrees taken under Article VI.9, § 1er, or
- is the subject of unfair commercial practice which contains false information on its main characteristics or the essential results and characteristics of the tests or controls performed on the product, or
- is the object of a misleading omission,
the Minister or his or her delegate may require the company concerned to submit this product to the analysis or control of an independent laboratory, within a specified time and at the company's expense.
The company requests confirmation from the Minister or his delegate on the choice of a laboratory. ".
Art. 40. In Book XV, Title 1, Chapter 2, Section 1re of the same Code, inserted by the Act of 21 December 2013, an article XV.16/2 is inserted, as follows:
"Art. XV.16/2. The Minister or his or her delegate may withdraw a product from the market and prescribing the recovery for the modification, total or partial refund or exchange of the product concerned when it is found:
- that a company does not provide, within the time limit set out in section XV.16, evidence relating to the material accuracy of the factual data that it discloses as part of a commercial practice or
- that the analysis or control by an independent laboratory referred to in Article XV.16/1 is not carried out by the company concerned or
- that an analysis or control by an independent laboratory demonstrates that the product does not meet the conditions imposed by the decrees under Article VI.9, § 1er.
The Minister or his or her delegate shall priorly hear the relevant company and inform it no later than fifteen days after the measures have been taken. ".
Art. 41. In Article XV.25/4, § 1er, of the same Code, inserted by the law of 19 April 2014, the words "By derogation from Chapter 1er, the officers of the Supervisory Service, commissioned by the Minister, as well as the officers of the Regulatory Service, may, in the performance of their duties referred to in sections XI.275 and XI.279:" be replaced by the words " Derogation from chapter 1er, the officers of the Supervisory Service, commissioned by the Minister, may in the performance of their duties referred to in section XI.279:" .
Art. 42. Section XV.31/2 of the same Code, inserted by the Act of 19 April 2014, is repealed.
Art. 43. In section XV.61 of the same Code, inserted by the Act of 20 November 2013, the words "the agents referred to in section XV.2" are replaced by the words "the agents designated by the Minister".
Art. 44. Article XV.85 of the same Code, inserted by the law of 21 December 2013, is supplemented by the provisions under 3° and 4°, as follows:
"3° companies that do not perform the analysis or control by an independent laboratory referred to in Article XV.16/1;
4° companies that do not respect an action taken pursuant to Article XV.16/2.".
Section 9. - Amendments to Book XVII of the Economic Law Code
Art. 45. In Article XVII.20 of the same Code, inserted by the law of 19 April 2014, paragraph 1er is repealed.
Art. 46. In Article XVII.21, § 2 of the same Code, inserted by the law of 19 April 2014, the last paragraph is repealed.
CHAPTER 3. - Amendments to the Act of 8 July 1977 approving various international acts
Art. 47. In Article 2, § 1erof the Act of 8 July 1977 approving the following international acts:
1. Convention on the Unification of Certain Elements of Invention Patent Law, made in Strasbourg on 27 November 1963;
2. Patent Cooperation Treaty and Implementing Regulations, made in Washington on 19 June 1970;
3. Convention on the Grant of European Patents (European Patent Convention), Implementing Regulations and four Protocols, made in Munich on 5 October 1973;
4. European Patent Convention for the Common Market (Community Patent Convention), and Implementing Regulations, made in Luxembourg on 15 December 1975,
the words "Office of Industrial Property" are replaced by the words "Office of Intellectual Property".
Art. 48. Section 5 of the Act, as amended by the Act of 19 April 2014, is replaced by the following:
"Art. 5. § 1er. The European patent without a unitary effect granted, or maintained as amended by the European Patent Office, following an application in which Belgium is designated, confers on its holder, regardless of the official language of the European Patent Office in which it is granted, and if so maintained, the same rights as a Belgian patent would confer on it, as of the date of publication in the European Patent Bulletin, the mention of the grant of the relevant patent
§ 2. The Service maintains a register of all European patents without a unitary effect referred to in paragraph 1er which have effect on the national territory. The Service shall make available to the public the text of the patent in the official language of the European Patent Office in which it is granted and, where applicable, maintained.
§ 3. The Service shall collect national taxes for the maintenance of the European patent without a unitary effect for the years following that in which the mention of the grant of the patent took place."
Art. 49. Section 6 of the Act is replaced as follows:
"Art. 6. Courts and tribunals may require a full translation of the European application or patent without a unitary effect in the language of judicial proceedings. ".
Art. 50. In Article 10 of the Act, the words "or for a notice of the extent of protection provided for in Article 78 of the Community Patent Convention" are repealed.
CHAPTER 4. - Amendment of the Organic Law of 27 December 1990 creating budgetary funds
Art. 51. The following amendments are made to the table annexed to the Organic Law of 27 December 1990 creating budgetary funds under section 32, Economics, P.M.E., Average Classes and Energy, supplemented by the Law of 10 December 2009, as amended by the Programme Law of 19 December 2014, in sub-rubrical 32.20:
1° to the section Nature of affected revenues, the sentence: "Annual contribution to finance the regulation of copyright and neighbouring rights, the control of rights management societies and the economic analysis of copyright and neighbouring rights, pursuant to Articles XI.274 to XI.285 of Book XI of the Economic Law Code." is replaced as follows: "Annual contribution to finance the control of neighbouring rights management societies and the application of ";
2° to the section Nature of authorized expenses, the words "articles XI.274 to XI.285" are replaced by the words "articles XI.279 to XI.285".
CHAPTER 5. - Amendments to the Act of 25 June 1993 on the Exercise and Organization of Ambient and Foraine Activities
Art. 52. In Article 4, § 1er, paragraph 3, of the Act of 25 June 1993 on the Exercise and Organization of Ambulant and Foraine Activities, replaced by the Act of 4 July 2005, the words "as long as these activities relate to products or services of a total value of less than 250 euros per consumer. The King may, depending on certain requirements, grant an exemption to that amount" are repealed.
Art. 53. In Article 6 of the Act, replaced by the Act of 4 July 2005, § 1er is replaced by the following:
§ 1er. The King may, on public or public health grounds, without prejudice to the provisions of Book IX of the Economic Law Code, prohibit the sale of certain goods and services or categories of goods and services in the exercise of ambulant and foraine activities, either generalized or partial depending on the place of activity. It may also provide hourly restrictions to the exercise of all or part of these activities. ".
CHAPTER 6. - Amendments to the Royal Decree of September 24, 2006
on the Exercise and Organization of Ambient Activities
Art. 54. In section 2 of the 24 September 2006 Royal Decree on the Exercise and Organization of Ambient Activities, the words "and section 3 of this Order" are repealed.
Art. 55. Section 3 of the same order is repealed.
Art. 56. Section 5 of the same order is repealed.
CHAPTER 7. - Amendment of the Act of 5 July 1998 relating to the collective settlement of debts and the possibility of the sale of immovable property seized
Art. 57. In Article 20, § 3, paragraph 1er, 1°, of the Act of 5 July 1998 relating to the collective settlement of debts and the possibility of the sale of the seized immovable property, recently amended by the law of 26 December 2015, the words "in Title 4, Chapter 2" are replaced by the words "in Title 4, Chapter 4,".
CHAPTER 8. - Amendments to the Financial Sector Supervision and Financial Services Act of 2 August 2002
Art. 58. Article 121, § 1er4° of the Financial Sector Supervision and Financial Services Act of 2 August 2002 as amended by the Act of 1er April 2007, the following amendments are made:
1° the words "of Article 82, § 1erParagraph 1er, of the Act of 9 July 1975 concerning the control of insurance companies" are replaced by the words "Articles 294, § 1er, 1°, 295, § 1er, 1°, 299, § 1er, and 300, § 1erthe Insurance Act of 4 April 2014;
2° the words "of Article 15bis or Article 16, § 1er, of the Act of 27 March 1995 on intermediation in insurance and reinsurance and the distribution of insurances," are deleted.
Art. 59. In section 122 of the Act, the following amendments are made:
1° to 12°, the words "art. 21, § 1erter, of the Act of 9 July 1975 on the control of insurance companies, is replaced by the words "Article 286, § 3, of the Act of 4 April 2014 on insurances";
2° it is inserted a 12° /1 written as follows:
"12° /1 to the insurance company, against the decisions of the MSDS made under Article 288, § 2, of the law of 4 April 2014 referred to above;"
3° to 19°, the words "articles 5, 9 and 13bis of the Act of 27 March 1995 relating to the intermediation in insurance and reinsurance and the distribution of insurance" are replaced by the words "articles 262, 267 and 292 of the Act of 4 April 2014 referred to above".
CHAPTER 9. - Amendments to the Act of 21 April 2007 concerning various provisions relating to the procedure for filing European patent applications and the effects of these European patent applications and patents in Belgium
Art. 60. Article 3 of the Act of 21 April 2007 on various provisions relating to the procedure for filing European patent applications and the effects of such applications and European patents in Belgium, as amended by the Act of 10 January 2011, is replaced by the following:
"Art. 3. § 1er. The European patent without a unitary effect granted, or maintained as amended or limited by the European Patent Office, following an application in which Belgium is designated, confers on its holder, regardless of the official language of the European Patent Office in which it is granted, and if so maintained, the same rights as a Belgian patent would confer on it, from the date of publication in the European Patent Bulletin, if any, the mention of the patent
§ 2. The Office of Intellectual Property shall maintain a register of all European patents without a unitary effect referred to in paragraph 1er which have effect on the national territory. The Agency shall make available to the public the text of the patent in the official language of the European Patent Office in which it is granted and, where applicable, maintained.
§ 3. The Office of Intellectual Property collects national taxes for the maintenance of the European patent without unitary effect for the years following that in which the mention of the grant of the patent took place."
Art. 61. Section 4 of the Act is replaced as follows:
"Art. 4. Courts and tribunals may require a full translation of the application or patent without a unitary effect in the language of judicial proceedings. ".
Art. 62. In the same Act, section 9 is repealed.
CHAPTER 10. - Amendments to the Judicial Code
Art. 63. In Part II, Book II, Title Ier, chapter VIII, of the Judiciary Code, an article 309octies is inserted as follows:
"Art. 309octies. § 1er. Members of the judicial staff may, on the advice of the competent head of the body, the director, the chief clerk or the chief secretary, be authorized by the King to undertake missions of general interest to international, supranational or foreign institutions.
§ 2. The King may fix a post allowance and the conditions under which such missions may be exercised. ".
Art. 64. Article 323bis, § 1er, the same Code, last amended by the Law of 1er December 2013, the following amendments are made:
1° paragraph 2 is supplemented by the following sentence:
"If the mission is a part-time mission to which treatment is attached, they retain pro rata the treatment related to their function and the increases and benefits associated with it. ";
2 ° paragraph 3 is supplemented by the following sentence:
"If the mission is a part-time mission to which a treatment is attached, they retain pro rata the treatment or supplement of the assistant mandate and the increases and benefits associated with it. ";
3° to paragraph 4, the phrase "If the mission is a part-time mission to which a treatment is attached, they shall, on a pro rata basis, retain the treatment or supplement of treatment for the deputy mandate and the increases and benefits associated with it." is inserted after the phrase "They retain the treatment or supplement of treatment for the deputy mandate as well as the increments and benefits associated with it provided that no treatment is attached to the mission. ";
4° in paragraph 6, the sentence " If the mission is a part-time mission to which a treatment is attached, they retain their treatment and the increases and benefits associated with it." is inserted after the sentence " They maintain their treatment, as well as the increases and benefits associated with them, provided that no treatment is attached to the mission. ".
Art. 65. Section 605quinquies of the Judicial Code, inserted by the Act of 10 April 2014, is repealed.
Art. 66. In section 633quinquies of the Judicial Code, paragraph 7, inserted by the Act of 10 April 2014, is repealed.
CHAPTER 11. - Amendments to the Insurance Act of 4 April 2014
Art. 67. In section 4 of the Insurance Act of April 4, 2014, the following amendments are made:
1° in paragraph 7, the 5° is repealed;
2° a paragraph 7/1 is inserted as follows:
" § 7/1. Are exempted from the scope of sections 8, 9, 10, 11 and 26 of this Act, provided that they are not subject to the provisions of this Act or the Act of March 13, 2016 relating to the status and control of insurance or reinsurance companies for the exercise of other activities, undertakings that carry out assistance activities that meet the following conditions:
(a)the assistance is provided in the event of an accident or failure affecting a road vehicle, where the accident or failure occurs in the territory of the member State or the country of origin of the company that grants coverage;
(b) Assistance engagement is limited to:
i. on-site troubleshooting, for which the company uses, in most circumstances, its own personnel and equipment;
ii. the transport of the vehicle to the nearest or most appropriate place of repair where the repair can be carried out, as well as the possible accompaniment, normally by the same means of rescue, of the driver and passengers, to the nearest place where they can continue their journey by other means.
In the cases referred to in point (b), i. and ii., the condition that the accident or failure occurred in the territory of the member State or the country of origin of the undertaking that grants the coverage is not applicable where the enterprise is an organization whose beneficiary is a member and that the vehicle's gearing or delivery is carried out, on a simple presentation of the member card, without a reprotected payment, by a similar body of the affected country ".
Art. 68. Section 5 of the Act, amended by the Act of 26 October 2015, is supplemented by 52°, 53° and 54° as follows:
"52° "EIOPA": the European Insurance and Vocational Pension Authority, referred to in Regulation (EU) No 1094/2010 of the European Parliament and the Council of 24 November 2010 establishing a European Supervisory Authority (European Insurance and Vocational Pension Authority), amending Decision No. 716/2009/EC and repealing Decision 2009/79/EC of the Commission;
53° "EU Regulation No. 1286/2014": Regulation (EU) No. 1286/2014 of the European Parliament and Council of 26 November 2014 on key information documents relating to retail and insurance-based investment products;
54° "PRIIP": a product as defined in Article 4.3 of Regulation (EU) No 1286/2014. ".
Art. 69. Section 16 of the Act is supplemented by a paragraph written as follows:
"Insurers who market insurance contracts in Belgium and/or enter into insurance contracts whose risk or commitment is located in Belgium, put in place appropriate structures and systems to meet all information obligations and other rules to ensure the honest, fair and professional treatment of interested parties, as set out in accordance with this Act or its enforcement orders and regulations. The legal body of administration of the insurer supervises the procedure for the publication or communication of all information required in accordance with this Act or its enforcement orders and regulations.".
Art. 70. In the same law, an article 16/1 is inserted as follows:
"Art. 16/1. Insurers who market insurance contracts in Belgium and/or enter into insurance contracts whose risk or commitment is located in Belgium, put in place appropriate structures and systems to meet the requirements of Article 286, § 2, as well as a written policy, approved by the legal body of administration of the insurer, which guarantees the permanent adequacy of information communicated to the MSDS. ".
Art. 71. In the same Act, an article 16/2 is inserted as follows:
"Art. 16/2. § 1er. The insurer that exempts from the functions, activities or operational tasks shall maintain full responsibility for the fulfilment of all of its obligations under this Act and its orders and regulations. Subcontracting may not adversely affect the continued provision of a level of service that is satisfactory to insurance licensees, insured persons and beneficiaries of insurance contracts.
It cannot compromise the ADMSP's ability to verify that the insurer meets its obligations under or under this Act and its enforcement orders and regulations.
§ 2. If the insurer exempts from operational functions, activities or tasks that are directly or indirectly related to the obligations set out in this Act or its enforcement orders and regulations, the insurer shall take the necessary steps to ensure that the following conditions are met:
(a) the delegate shall cooperate with the MSDS with respect to function or subcontracted activity;
(b) Insurers, auditors and ADMSPs shall have effective access to data relating to functions or outsourced activities;
(c) FSMA shall have effective access to the premises of the delegate and shall be entitled to exercise this right of access in accordance with Article 286, § 2bis.
§ 3. If the insurer subcontracts, as part of the investment fund insurance transactions, the management of the investment fund, the following conditions should be met:
1° the insurer must be able to objectively motivate the entire delegation structure;
2° the delegation may only be conferred on registered or registered companies for the purposes of asset management and subject to monitoring or, where this condition may be met, only with the prior approval of the MSDS;
3° where the delegation is conferred on a third country company, in addition to the obligations set out in point 2°, the cooperation between the MSDS and the company's supervisory authority shall be ensured;
4° the insurer must be in a position to prove that the delegate is qualified and capable of performing the duties in question, that all due diligence has been implemented for his selection and that the insurer is in a position to effectively and at any time monitor the delegated task, to give at any time additional instructions to the delegate and to withdraw the delegation with immediate effect when it is in the interest of the beneficiaries. The insurer continually reviews the services provided by each delegate. ".
Art. 72. Section 19 of the Act is supplemented by a paragraph 3, which reads as follows:
§ 3. The King, on the advice of the FSMA, defines the rules relating to the nature of the investment fund, the determination and evolution of the value of the investment fund, the management of the investment fund and the preparation of financial reports concerning the investment fund.".
Art. 73. In the same Act, an article 20/2 is inserted as follows:
"Art. 20/2. In order to monitor compliance with the provisions of Article 20 of the Insurance Act of April 4, 2014, insurance companies shall communicate to the MSDS, within the time limit set by the latter, the detailed list of assets relating to insurance contracts under the "life" activity group related to investment funds.
Art. 74. In the same Act, section 30, whose current text will form paragraph 1er, is supplemented by paragraph 2 as follows:
"§2. For all insurance products that constitute a PRIIP and are marketed in Belgium, the key information document to be prepared in accordance with Regulation (EU) No. 1286/2014 must be previously notified to the MSDS by each person who provides advice on or sells the product. FSMA may specify the terms of this obligation by regulation.".
Art. 75. Section 48 of the Act is supplemented by two paragraphs written as follows:
"If the insurer does not have the legal or contractual obligation to provide for profit participation and/or if the right to profit participation under an individual contract depends on the insurer's discretionary decision-making power, the possibility of a profit participation may be mentioned in the advertisements and other marketing documents but only under the following conditions:
1° It must be explicitly stated that participation in profits is not guaranteed and can change each year;
2° No mention can be made of past yields or forecasts for the future, and no reference can be made to such yields or forecasts.
FSMA may, by regulation, specify the terms and conditions of the preceding paragraph.".
Art. 76. Section 49 of the Act before paragraph 1 era sub-item is inserted in the following paragraphs:
"The King sets out, on the advice of FSMA and the Bank, the rules to be followed by insurers with respect to profit participation. ".
Art. 77. Section 152 of the Act is replaced by the following:
"Insurer's appeal against the insurance taker and the insured.
"Art. 152. The insurer may, to the extent that the insurer may have refused or reduced its benefits under the law or insurance contract, reserve a right of appeal against the insurance owner and, if applicable, against the insured other than the insurance owner, up to the share of personal liability of the insured person.
In the event of loss of the right of appeal, the insurer has an obligation to notify the insurer, if applicable, to the insured other than the insurance licensee, of his intention to make an appeal as soon as he is aware of the facts justifying that decision.
The King may limit the appeal in the cases and to the extent it determines.".
Art. 78. Article 201, § 2, of the Act, is supplemented by a paragraph, which reads as follows:
"By the "maturity of affiliation", it is understood the time at which, for the first time, the principal insured is affiliated with the health insurance by the insurance taker independently of the subsequent modification(s) to this insurance contract or the change of insurance business. ".
Art. 79. Section 211, 2°, of this Act is replaced by the following:
"with respect to health care insurance, elements of risk assessment as they existed and were assessed at the time of the affiliate of the insured to a health care insurance contract related to professional activity and provided that the insured remained permanently affiliated with one or more successive health care insurance contracts; for other health insurances, the elements of risk assessment, as they existed and were evaluated when the health insurance contract related to the continued professional activity was registered;".
Art. 80. In section 284 of the Act, the following amendments are made:
1° the current text will form paragraph 1er;
2° in paragraph 1er, the words "with ISOPA," are inserted between the words "with the Bank," and the words "with the competent authorities";
3° paragraph 1er is supplemented by two subparagraphs as follows:
"The FSMA shall forthwith communicate to IAPO all the information it needs to carry out its mission, in accordance with Regulation (EU) No. 1094/2010.
In carrying out its functions, FSMA takes into account the convergence of control tools and control practices in the application of the legislative, regulatory and administrative provisions adopted in accordance with Directive 2009/138/EC. To this end:
(a) FSMA participates in the activities of IAPO; and
(b) FSMA shall make every effort to comply with the guidance and recommendations issued by IAPO in accordance with Article 16 of Regulation (EU) No. 1094/2010 and, if it does not, it shall indicate the reasons. ";
4° the article is supplemented by a paragraph 2 written as follows:
"§2. Without prejudice to the other rights conferred upon it in the course of its control activities, FSMA may, in respect of transactions carried out in Belgium by an insurance company under the right of establishment and/or within the framework of the free provision of services, request to the competent authorities of the Member State of origin of the insurance company information on the total amount of premiums, claims for repair and commissions concerning these transactions. ".
Art. 81. In the same Act, an article 286/1 is inserted as follows:
"Art. 286/1. If the approval of an insurance company is revoked or expires in full right, the ADMSP may, if it considers that the safeguarding of the rights of insurance licensees, insured persons, affiliates and/or beneficiaries requires it, publish in the manner it determines and at the expense of the insurance company concerned, a notice of revocation or expiry of the full right of the licence. This notice mentions the date on which the revocation or expiry of the licence's full right produces its effects.".
Art. 82. In section 291 of the Act, the following amendments are made:
1° Paragraph 2 is supplemented by a paragraph which reads as follows:
"In addition, FSMA may refer to the problem of IAPO and seek assistance in accordance with Regulation 19 (EU) No 1094/2010. In such a case, IAPO may act in accordance with the powers conferred on it by that section. ";
2° the article is supplemented by a paragraph 6, which reads as follows:
§ 6. FSMA reports to the European Commission and IAPO the number and type of cases in which measures have been taken under paragraphs 2 and 4. ".
Art. 83. In section 292 of the Act, the following amendments are made:
1° in paragraph 1erParagraph 1er, the words "of Part 6" are inserted between the words "the provisions" and the words "of this Law";
2° in paragraph 3, paragraph 1er, the words "the provisions of this Act, with the exception of Part 6, and/or the orders and regulations made for their execution, or that an insurance or reinsurance intermediary does not work in accordance with" are inserted between the words "in accordance with" and the words "the provisions of the articles".
Art. 84. In section 311 of the Act, paragraph 1er is repealed.
CHAPTER 12. - Provisions relating to the restoration of rights
Section 1re. - Restoration of patent rights
Art. 85. § 1er. The holder of a European patent without a unitary effect granted by the European Patent Office following a European patent application in which Belgium was designated, which failed to meet the three-month period applicable to this patent in accordance with the legislation in force to provide the Office of Intellectual Property with a translation into one of the national languages of the European patent without a unitary effect granted, amended or limited, may retroactively obtain the following cumulative rights
1° the European patent is granted no later than 21 September 2014 and the restoration procedure referred to in Article XI.83, § 2/3, in its version as inserted in the Economic Law Code by the law of 19 April 2014, is not applicable to it;
2° European patent is not written in a national language;
3° the European patent is deemed to be in effect in Belgium because of the provision of a translation of the patent to the Agency after the expiry of the three-month period that was applicable to the patent in accordance with the legislation in force, and before the entry into force of this article;
4° the restoration procedure referred to in Article XI.83, § 2, referred to in its version as set out in the Economic Law Code by the law of 19 April 2014 is not applicable to the patent on the date of entry into force of this Article, taking into account the time limits provided for under paragraph 2, 1°, of Article XI.83 in its version as set out in the Economic Law Code by the law of 19 April 2014; and
5° the request for restoration shall be filed with the Agency within six months of the entry into force of this section.
§ 2. The Agency shall restore the licensee's rights to the patent if:
1° the request sets out the grounds for which the three-month period referred to in paragraph 1er was not observed;
2° the Agency finds that the failure to observe the time limit has occurred although the due diligence required in this case has been exercised.
The request for restoration is registered in the Register.
A statement or other evidence in support of the reasons referred to in 1° shall be provided to the Agency before the expiry of a period of two months from the date of filing of the request for restoration.
The request for restoration is processed only after the restoration tax prescribed for this request has been paid.
The request for restoration cannot be fully or partially rejected without giving the requesting party the opportunity to submit its observations on the refusal envisaged within two months of the date of notification of the refusal envisaged.
§ 3. When the request is granted, the legal consequences of non-observing the time limit are deemed not to have occurred.
The decision to restore or refuse is entered in the Register.
If the request for restoration is granted, any annual tax that would have expired during the period beginning on the date on which the loss of rights occurred, and up to the date on which the restoration decision is registered, must be paid within four months from that date.
§ 4. Whoever, between the time of the loss of rights under Article XI.83, § 1er, from the Economic Law Code in its version as incorporated in this Code by the law of 19 April 2014 and that where the restoration of these rights comes out its effects in accordance with paragraph 3, has in good faith used in Belgium the invention subject of the patent or taken to that end the necessary measures may continue to use this invention for the purposes of its own business. The right recognized by this paragraph may only be transmitted to the company to which it is attached.
§ 5. The request for restoration in the rights referred to in paragraph 1 er is not admissible for the time limits referred to in paragraphs 1er and 2.
Section 2. - Restoration of rights in the area of right of enforcement
Art. 86. The procedure for the restoration of rights referred to in Article XI.148 of the Economic Law Code is retroactively applicable to plant certificates issued pursuant to the Act of 20 May 1975 on the Protection of Plant Breeding, which meet the following cumulative conditions:
1° the holder of the plant certificate has been deprived of his right under section 33 of the Act of 20 May 1975 referred to above;
2° the act not completed within the time limit prescribed under section 33 above has been completed after the expiry of this period and before the effective date of this section;
3° the restoration procedure referred to in Article XI.148 above shall not apply to the plant certificate at the date of entry into force of this Article, taking into account the time limits provided under Article XI.148, paragraph 2.
4° the request for restoration is filed with the Office of Intellectual Property within six months of the entry into force of this section.
CHAPTER 13. - Creation of a local division of the unified patent jurisdiction
Art. 87. Ministers with intellectual property or justice in their powers, respectively, are empowered to apply to the chair of the Administrative Committee for the establishment of a local division in Belgium pursuant to Article 7(3) of the Agreement of 19 February 2013 on a unified patent jurisdiction, approved by the law of 27 May 2014.
This local division has its seat in Brussels.
Art. 88. Pursuant to Article 49 of the above Agreement, the procedural languages of this local division are Dutch, French, German and English.
CHAPTER 14. - Disciplinary measures against corporate reviewers
Art. 89. § 1er. As of June 17, 2016, the FSMA Sanctions Commission is competent to take disciplinary action against corporate reviewers performing the legal control of the accounts of one or more public interest entities within the meaning of Regulation (EU) No 537/2014, until the date of entry into force of the law transposing the 2014/56/EC Directive of the European Parliament and the Council of 16 April 2014 amending the Directive As of June 17, 2016, pending and until the coming into force of the law transposing the Directive 2014/56/EC of the European Parliament and of the Council of April 16, 2014 amending Directive 2006/43/EC concerning the legal controls of the annual accounts and consolidated accounts, this Act delegated to the disciplinary committee referred to in article 58 of the Act of July 22, 1953 creating an Institute of Professional Supervisors and organizing The Disciplinary Commission performs these duties in the manner provided and in the manner defined in subsections 1, 3 and 4 of Section 3 of Chapter VIII of the above-mentioned Act of 22 July 1953.
§ 2. From 17 June 2016 and until the date of entry into force of the law transposing Directive 2014/56/EC of the European Parliament and of the Council of 16 April 2014 amending Directive 2006/43/EC concerning the legal controls of the annual accounts and consolidated accounts, the appeal of the decisions of the disciplinary committee taken on the basis of the delegation referred to in paragraph 1 is introduced to the appeal committee referred to in Article 63 of the aforementioned Law of 22 July. Chapter VIII, section 3, subsections 2, 3 and 4 of the above-mentioned Act of July 22, 1953 apply to these appeals.
CHAPTER 15. - Amendments to the Society Code
Art. 90. In Book IV, Part VII, Chapter Ier a section I/1, which reads as follows:
"Section I/1. - Length of mandate and number of successive mandates".
Art. 91. In the Code of Societies, it is inserted, in section I/1 of Book IV, Part VII, Chapter Ierarticle 132/1, as follows:
§ 1er. The commissioners are appointed for a term of three years renewable.
§ 2. The Commissioner for a legal oversight mission of a public interest entity within the meaning of EU Regulation No. 537/2014 of 16 April 2014 on the specific requirements applicable to the legal control of the accounts of entities of public interest may not exercise more than three consecutive terms with the same entity, covering a maximum of nine years.
§ 3. By derogation from paragraph 2, the public interest entity within the meaning of Regulation No. 537/2014 may decide to renew the Commissioner's mandate:
(a) to carry out only the legal control of the accounts, provided that the public interest entity may rely on a public tender procedure referred to in Article 17, § 4, (a) of Regulation No. 537/2014;
(b) to carry out the legal control of the accounts in conjunction with one or more other commissioners, who form an independent panel of commissioners in charge of joint oversight.
Renewals referred to in paragraph 1er cover a maximum total duration of:
(a) eighteen years, or not more than three additional mandates, when it is decided to renew the mandate of the Commissioner in place;
(b) twenty-four years, or not more than five additional mandates, when it is decided to appoint several joint oversight commissioners.
§ 4. After the expiry of the maximum durations referred to in paragraphs 2 and 3, neither the Commissioner nor, if any, any member of the network in the European Union of which he reports cannot undertake the legal control of the accounts of the same public interest entity within the meaning of Regulation No. 537/2014 within the next four years."
Art. 92. Article 135, § 1erParagraph 1er, of the same Code, replaced by the law of 17 December 2008, the words "Commissioners" are replaced by the words "In accordance with section 132/1, Commissioners".
CHAPTER 16. - Final provisions
Art. 93. The Units, Standards and Measuring Instruments Act of 16 June 1970 is repealed.
Art. 94. § 1er. The provisions of Article 22 apply to European patents granted from the entry into force of Article 22 on the basis of patent applications filed as of September 22, 2014, and to European patents maintained as amended or limited, from the date of entry into force of Article 22, on the basis of patent applications filed as of September 22, 2014.
§ 2. The provisions of Article 48 apply to European patents granted from the date of entry into force of Article 48, on the basis of patent applications filed before 13 December 2007, and to European patents maintained as amended, by the European Patent Office, from the date of entry into force of Article 48, on the basis of patent applications filed before 13 December 2007.
§ 3. The provisions of Article 60 shall apply to European patents granted from the date of entry into force of Article 60, on the basis of patent applications filed between 13 December 2007 and 21 September 2014, and to European patents maintained as amended or limited, by the European Patent Office, from the date of entry into force of Article 60, on the basis of patent applications filed on 13 September 2007.
CHAPTER 17. - Entry into force
Art. 95. The King sets the effective date of articles 21 and 24.
Art. 96. Articles 22, 23, 47 to 50, 60 to 62 and 94 come into force on 1er January 2017.
Art. 97. Sections 85 and 86 and this section come into force on the day of the publication of this Act to the Belgian Monitor.
Art. 98. Sections 87 and 88 come into force on the date of entry into force with respect to Belgium of the Agreement relating to a Unified Patent Court, made in Brussels on 19 February 2013.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 29 June 2016.
PHILIPPE
By the King:
Minister of Economy and Consumers,
K. PEETERS
Minister of Justice,
K. GEENS
Minister of Finance,
J. VAN OVERTVELDT
Minister of Average Classes, Independents and MEPs,
W. BORSUS
Seal of the state seal:
Minister of Justice,
K. GEENS
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(1) Note
House of Representatives
(www.lachambre.be)
Documents: 54 1861
Full report: 16 June 2016.