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22 JUNE 2016. - Act implementing Regulation (EU) No 1177/2010 of the European Parliament and Council of 24 November 2010 concerning the rights of passengers travelling by sea or by inland navigation and amending Regulation (EC) No 2006/2004

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
Article 1^er. This Act regulates a matter referred to in Article 74 of the Constitution.
Art. 2. For the purposes of this Act:
1st Regulation: Regulation (EU) No 1177/2010 of the European Parliament and Council of 24 November 2010 concerning the rights of passengers travelling by sea or by inland navigation and amending Regulation (EC) No 2006/2004;
2° competent public authority: the body charged by the King with the application of the regulation;
3rd working days: every day of the week with the exception of Saturdays, Sundays and legal holidays;
4th complaint: any denunciation of an offence alleged to the regulation;
5° the designated Navigation Control Officer for this purpose: the designated Navigation Control Officer for this purpose of the Marine Transport Branch of the Federal Public Service Mobility and Transport.
Art. 3. Without prejudice to section 7, § 3, this Act applies to the carriage of passengers in the scope of the Regulation and provided that the port of boarding of the passenger or cruise is located in Belgium, or that the port of landing is located in Belgium with respect to the transport of passengers from a third country.
Art. 4. For the calculation of the deadlines set out in this Act, the due day is included within the time limit.
If this day is a Saturday, a Sunday or a legal holiday, the due day is postponed to the next business day.
Art. 5. The complaint referred to in section 25 of the regulations may be filed by letter, fax or electronic form with the competent public authority.
The complaint includes:
1° the name, first name and address of the complainant's domicile;
2° a statement of facts;
3° all the documents that the complainant considers necessary.
Art. 6. A complaint against a carrier or terminal operator is admissible only if the passenger first filed a complaint through the carrier or terminal operator's complaint handling mechanism and that, pursuant to section 24 of the regulations, no solution was found for that complaint.
Without prejudice to paragraph 1^era complaint filed with the competent public authority is admissible only if it is filed within six months after the passenger has received a final response from the carrier or terminal operator or should have received a final response, pursuant to section 24, paragraph 2, of the regulations.
Without prejudice to paragraphs 1^er and 2, the competent public authority refuses the processing of a complaint:
1° if it is manifestly unfounded;
2° if the person does not bring any new evidence to a complaint previously filed by the same person and has already been dealt with by the competent public authority.
Art. 7. § 1^er. When the competent public authority deals with a complaint, it examines whether an offence to the regulation has actually been committed. The complainant is informed of the final outcome of this review by the information method chosen by the complainant.
§ 2. If the competent public authority does not deal with or prosecute a complaint, in accordance with section 6, it shall notify the complainant in writing of the reasons within thirty days of receipt of the complaint.
§ 3. A complaint concerning the passenger transport service or a cruise that does not fall within the competence of the competent Belgian public authority in accordance with section 25 of the regulations is referred to the competent service of the foreign authority within thirty days of receipt of the complaint.
The complainant is informed by means of information chosen by the complainant within fifteen days of the shipment referred to in section 1^er.
Art. 8. § 1. The officers responsible for the control of navigation designated for this purpose are responsible for the investigation and examination of the offences of the regulation referred to in Article 9.
The officers responsible for the control of navigation designated for this purpose shall note the offences by the establishment of minutes to prove the contrary, addressed to the competent public authority.
§ 2. The designated Navigation Control Officers have the right to visit the vessels at any time within the scope of the regulations and to access the port terminals to carry out the findings on their mission.
They also have the right to demand the production of all documents and exhibits
Every master, owner or terminal operator is required to give to the officials referred to in § 1^erParagraph 1^er, the information and assistance they deem necessary for the fulfilment of their mission.
Art. 9. Offences to the regulation are punishable by administrative fines. which is defined by regulation in the table below:

Art. 10. In the event of recidivism within three years, the competent public authority may impose an administrative fine in an amount greater than the amount referred to in section 9, but not more than twice that amount.
Art. 11. In the event of concomitant punishable behaviours, a single administrative fine commensurate with the severity of all acts is pronounced. This may not be more than 10,000 euros or a total of the maximum fines that may be pronounced for similar non-competitive acts.
Art. 12. If mitigating circumstances have been taken into account in the decision to impose a fine, the amount of the fine may be reduced below the amount mentioned for that offence in the schedule, but not less than 60 euros.
Art. 13. § 1^er. The competent public authority may grant, in whole in part, the stay of the execution of the administrative fine as long as it did not impose another administrative fine on the offender within one year of the offence.
§ 2. The stay is for a one-year probation period. The probation period begins to run from the date of notification of the decision to impose an administrative fine.
§ 3. The stay is revoked in full law when a new offence is a decision that imposes a new administrative fine.
The administrative fine whose payment becomes enforceable following the revocation of the stay is accumulated without limit with that imposed by the head of the new offence.
Art. 14. No administrative fine may be imposed more than two years from the day the offence was committed.
Art. 15. § 1^er. Where an offence is found in accordance with section 8, paragraph 1^er, paragraph 2, the competent public authority shall notify the person concerned within thirty days of the day on which the offence is found, a copy of the record referred to in Article 8, paragraph 1^erParagraph 2.
Where an alleged offence is found on the basis of a complaint, the competent public authority shall notify the person concerned within 30 days of receipt of the complaint, except in cases of inadmissibility referred to in article 6, paragraph 1^er and 2, and in the cases referred to in Article 6, paragraph 3, and Article 7, paragraph 3.
§ 2. Copies referred to in paragraph 1^erParagraphs 1^er and 2, are accompanied by a written mentioning:
1 the facts for which an administrative fine procedure is initiated;
2° the days and hours during which he has the right to consult his file;
3° the right to be assisted by counsel;
4° the possibility to send by letter, fax or e-mail to the competent public authority, within thirty days of the date of notification, the means of defence and, possibly, an application for hearing.
§ 3. If the competent public authority receives an application in accordance with paragraph 2, 4°, it shall have fifteen days from receipt of the application to notify the person concerned by letter, fax or e-mail of the date of the hearing. The hearing session must be held after the fifteenth and no later than the thirtieth day after the date of the hearing is sent.
Art. 16. It is only after the thirty-day period referred to in Article 15, paragraph 2, 4, or, where applicable, after the hearing of the person concerned, that the competent public authority makes a decision on the facts that are the subject of the proceedings. It notifies this decision to the interested person by registered letter. Section 53 bis of the Judiciary Code is applicable to this recommended letter.
The decision imposing an administrative fine indicates, under penalty of nullity, its amount and possible remedies against the decision.
Given in Brussels on 22 June 2016.
PHILIPPE
By the King:
Minister of Social Affairs and Public Health,
Ms. M. DE BLOCK
Minister of Mobility,
F. BELLOT
The Secretary of State to the North Sea,
Ph. DE BACKER
Seal of the state seal:
Minister of Justice
K. GEENS
____
Note
(1) House of Representatives (www.lachambre.be)
Documents: 54-1734
Full report : 26 May 2016