Originating Department: Service public fédéral Santé publique, Sécurité de la Chaîne alimentaire et Environnement
Responsible Department: SPF Economie, PME, Classes moyennes et Energie
Received: 2022-09-21 00:00:00
Country: Belgium
Category: None
Draft Law on the introduction of a reparability and durability score and the dissemination of information on the duration of products’ software compatibility.
Notification No.: 2022-0634-B
FEDERAL PUBLIC SERVICE PUBLIC HEALTH Bill on the introduction of a repairability and longevity score and the dissemination of information on the duration of software compatibility of products PHILIPPE, KING OF THE BELGIANS To all present, and those to come, GREETINGS On the proposal of Our Minister of Climate, Environment, Sustainable Development and the Green Deal, SUMMARY The purpose of this bill is to promote repair and extension of the service life of products in order to limit their impact on the environment. The bill also provides the legal basis for the creation of a repairability score which will be supplemented by a longevity score, the obligation to provide information on the duration of software compatibility and the implementing orders to be enacted in this context. EXPLANATORY STATEMENT Ladies and gentlemen, This project aims to promote the repair and extension of the service life of products in order to limit their impact on the environment. To this end, it establishes, on the one hand, a repairability score and a longevity score. These scores consist of a score calculated on the basis of objective criteria that enable to assess the repairability or longevity of a product. On the other hand, the project provides for the obligation to inform about the duration of software compatibility. This obligation consists in informing the end user about the period during which the product will be able to withstand successive updates being essential for its proper functioning. The creation of a repairability score which will eventually be supplemented by a longevity score and the introduction of an obligation to provide information on the duration of software compatibility are aimed at increasing the service life of the products, which, for environmental reasons, is now indispensable. Every year, approximately 160 million electrical and electronic devices enter the Belgian market, representing a weight of 245,000 tonnes. An estimated 420 million units are still in circulation, 87% of which are still in use. These household appliances, which range from white and brown products to small electronic devices such as smartphones and laptops, have a significant environmental impact. In addition, approximately 120,000 tonnes of electrical and electronic waste are generated each year. This figure is actually underestimated because much of this waste disappears via channels for which no method of registration is foreseen. Part of this waste is treated via illegal channels. Some end-of-life devices are even exported to countries where there is no means of recycling and where waste disposal is done without any control and is harmful to the environment and health. A longer service life will therefore reduce the amount of waste. In addition, the rapid disposal of these products results in a significant loss of raw materials. Actually, about 14% of the material footprint of what Belgian households consume as consumer goods comes from electrical appliances. Extraction of raw materials leads to high environmental pressures at the local level as a result of mining activities. This results in severe ecosystem disruption and local contamination of water and soil. The growing demand for raw materials is giving rise to plans for the opening of new mines in Europe. Demand for large-scale deep-water mining is also increasing. Such mining would lead to a disturbance of the marine environment. Some of these raw materials are considered critical, i.e. they are economically important but are not procured for economic or geopolitical reasons. The list of raw materials deemed critical, first drawn up by the European Commission in 2011 is growing as it is updated. This therefore poses a threat to energy transition and digitalisation, which require many raw materials deemed critical, particularly in the field of creation of infrastructure to generate and store green energy (solar panels, wind turbines and batteries). The production of electrical appliances causes significant CO2 emissions. About 16% of the carbon footprint linked to Belgian households’ consumption of consumer goods comes from electrical appliances. The production of electrical appliances results in emissions of about 3,000,000 tonnes of CO2 per year. A longer service life of the appliances therefore leads to a decrease in CO2 emissions throughout the production chain. It is also interesting, for socio-economic reasons, to have more easily repairable devices on the market. While new equipment is mainly produced outside Belgium, repair has the effect of creating jobs at the local level. The repair industry already plays an important role today. On an average, a Belgian spends EUR 10 per year on the repair of household appliances. This only takes into account a part of the repairs for which there are official figures. Estimates indicate that, in practice, about half of the repair activities take place in an informal setting. A longer service life reduces the cost of a device’s life cycle. This is the cost that takes into account both the purchase price and the service life, as well as the cost of maintenance and repairs. Case studies of vacuum cleaners and washing machines show that repairing an appliance is often more economical than replacing it with a new one. Appliances with a longer service life also create a larger second-hand sales market. Nearly 40% of households own one or more second-hand appliances. 10% of appliances are second-hand. 21% of used electrical appliances replace a new one. This not only reduces environmental damage but also offers appliances at a lower price, making good quality appliances accessible to more people. This legislative initiative is part of the Federal Action Plan for a circular economy adopted by the Council of Ministers on 17 December 2021. It is largely inspired by France, which has implemented a repairability score and an obligation to provide information on software compatibility on 1st January 2021 as part of the anti-waste law and for the circular economy promulgated on 10 February 2020. This legislative initiative therefore contributes to the protection of the environment by first highlighting the repairable and durable characteristics of products. In this way, the end user will be able to more easily become aware of the repairable and durable nature of the product he wishes to acquire. Secondly, it provides for the placing on the market of the products concerned to be dependent on obtaining a minimum score. This bill is therefore a tool to combat premature obsolescence in order to avoid early discarding of products and to preserve the natural resources necessary for their production. The scope of these measures will be implemented in stages. The categories of products concerned will be defined and may be extended by Royal Decrees deliberated in the Council of Ministers. The communication of scores and information on software compatibility will also be determined by Royal Decree. This is justified from an organisational point of view. Working in stages ensures the practical feasibility of these measures, which require a certain time for stepping back and adaptations. COMMENTS ON THE ARTICLES Article 1 This Article specifies the constitutional basis for competences. Article 2 This Article contains the definitions of specific terms used in the Law and in its Decrees. Article 3 This Article contains the purpose of the law. Article 4 This Article sets out the criteria to be taken into account when determining the repairability score. The King determines by Royal Decree, deliberated in the Council of Ministers, the list of products covered by the repairability score, the technical standards by product category enabling to establish the scores for each of the criteria of the index, the method of calculating the overall repairability score. The King shall determine by Royal Decree the methods of communication and format of the index as well as accessibility to technical standards. The King shall determine by Royal Decree deliberated in the Council of Ministers, the minimum repairability score to be achieved for each category of products referred to as a condition for their placing on the market. The Regions are associated with this draft Royal Decree via the Inter-Ministerial Conference on the Environment. The Central Economic Council, the Consumer Council and the Federal Council for Sustainable Development have been asked to give an opinion on this draft Royal Decree. Article 5 This Article provides for an obligation for the person responsible for placing products on the market to provide information on the duration of the software compatibility of these products. The King shall determine by Royal Decree deliberated in the Council of Ministers, the list of products covered. The King shall determine by Royal Decree the terms of communication of the information on the duration of software compatibility as well as the format in which the information must be communicated. He also defines accessibility to the parameters that made it possible to determine the duration of software compatibility. Article 6 The King determines by Royal Decree, deliberated in the Council of Ministers, the list of products covered by the longevity score, the technical standards by product category enabling to establish the scores for each of the criteria of the index and the method of calculating the overall longevity score. The King shall determine by Royal Decree the methods of communication of the index and its format and accessibility to technical standards. The King shall determine by Royal Decree deliberated in the Council of Ministers, the minimum longevity score to be achieved for each category of products targeted as a condition for their placing on the market. The Regions are associated with this draft Royal Decree via the Interministerial Conference on the Environment. The Central Economic Council, the Consumer Council and the Federal Council for Sustainable Development have been asked to give an opinion on this draft Royal Decree. This Article establishes the criterion of the longevity score which will, in a second step, supplement the repairability score. Article 7 This Article provides for the processing of personal data in Articles 8, 9, 10 and 11. Article 8 This article establishes the responsibility of manufacturers, importers, distributors and sellers of products by distinguishing the provision of information from the dissemination of information. Article 9 This Article determines the inspectors competent for the control of this bill. These are the inspection services of the Directorate-General for Environment of the Federal Public Health Service, Food Chain Safety and Environment. The King shall determine by Royal Decree the technical provisions relating to the control, including in the context of the inspection of products sold online. Article 10 This Article contains the system of criminal sanctions of Articles 4(4) and 6(4). Article 11 This Article contains the procedural rules applicable to criminal penalties. Article 12 This Article contains the system of administrative sanctions of the bill. Article 13 This Article deals with the entry into force of the Law, specifically six months after its publication in the Belgian Official Gazette. WE HAVE DECREED AND HEREBY DECREE: The Minister of Climate, Environment, Sustainable Development and the Green Deal is responsible for introducing the following bill to the House of Representatives on Our behalf: CHAPTER I — Introductory provisions Article 1 This law governs a subject referred to in Article 74 of the Constitution. Article 2 For the application of this Law, the following definitions shall apply: (1) “repairability score”: score evaluating the feasibility of disassembly and repair of a product. (2) “software compatibility”: information on the length of time the manufacturer or supplier support and update the operating system or software to ensure normal use of the product by a prudent and reasonable user. (3) “longevity score”: score evaluating the robustness and reliability of a product. (4) “technical standard”: standard for the technical characteristics of a product to calculate the score for each criterion. (5) “maintenance manual”: educational document, intended to explain and facilitate the maintenance of the product. (6) “repair manual”: educational document, intended to explain and facilitate the repair of the product. (7) “reliability of the product”: expresses the likelihood that a product will perform its intended functions over a given period of time. (8) “robustness of the product”: expresses the solidity and strength of a product. (9) “placing on the market”: introducing, importing or holding for sale or making available to third parties, offer for sale, sale, renting, leasing, or assigning for consideration or free of charge, including online sale. (10): "responsible for placing on the market": manufacturers, importers, distributors and sellers of products covered by the repairability, longevity score and the obligation to provide information on the duration of software compatibility. CHAPTER II – General provisions Article 3 The objective of this law is to protect the environment by introducing a repairability score which will be supplemented by a longevity score, as well as by informing about the software compatibility of products in order to promote their repair and increase their duration of use. Products covered by this Law refer only to new products sold, excluding second-hand products. . Chapter III — Repairability score Article 4 § 1. A repairability score for the products referred to in Article 4(2) shall be created, calculated on the basis of the following criteria: (1) The availability of technical information and maintenance and repair manuals. (2) The ease with which the product concerned can be disassembled. (3) The availability on the market of spare parts and their delivery time. (4) The price of spare parts. (5) Other criteria specifically related to the product. § 2. The King shall determine by Royal Decree deliberated in the Council of Ministers, the list of products covered by the repairability score, and, by product category, the technical standards for establishing the scores for each of the criteria mentioned above. He also determines the method of calculating the overall repairability score. § 3. The King shall determine by Royal Decree the methods of communication of the repairability score as well as the format in which it is to be communicated. He also defines accessibility to technical standards and the calculation of the score. § 4. The King shall determine by Royal Decree deliberated in the Council of Ministers the minimum repairability score to be achieved for each category of products specified in Article 4(2) of this Law as a condition for their placing on the market. The Regions are associated with this draft Royal Decree via the Inter-Ministerial Conference on the Environment. The Central Economic Council, the Consumer Council and the Federal Council for Sustainable Development have been asked to give an opinion on this draft Royal Decree. CHAPTER IV — Software compatibility information Article 5 § 1. For the products referred to in Article 5(2), the person responsible for placing on the market shall provide the end user with information on the duration of software compatibility. The assessment of the maintenance of existing features when purchasing the product takes into account wear due to time when the product is used prudently and diligently by its user. § 2. The King shall determine by Royal Decree deliberated in the Council of Ministers, the list of products covered by the obligation to inform about the duration of software compatibility. § 3. The King shall determine by Royal Decree the methods of communication of information on software compatibility as well as the format in which the information is to be communicated. He also defines accessibility to the parameters that enabled to determine the duration of software compatibility. Chapter V — Longevity score Article 6 § 1. A longevity score, which supplements the repairability score referred to in Article 4 for the products referred to in Article 6(2), calculated on the basis of the specific reliability and robustness of each product category. § 2. The King shall determine by Royal Decree deliberated in the Council of Ministers, the list of products covered by the longevity score and the technical standards for establishing the score and method of calculating the score. § 3. The King shall determine by Royal Decree the methods of communication of the longevity score and the format in which it is to be communicated. He also defines the accessibility of the information that enabled to determine the longevity score. § 4. The King shall determine by Royal Decree deliberated in the Council of Ministers the minimum longevity score to be achieved for each category of products specified in Article 6(2) of this Law as a condition for their placing on the market. The Regions are associated with this draft Royal Decree via the Inter-Ministerial Conference on the Environment. The Central Economic Council, the Consumer Council and the Federal Council for Sustainable Development have been asked to give an opinion on this draft Royal Decree. Chapter VI — Data processing Article 7 The Federal Public Health Service is the only public service competent and responsible for the processing of personal data within the framework of Articles 8, 9, 10 and 11 of this Law.
The maximum storage period for personal data to be processed is five years Chapter VII — Responsibility Article 8 § 1. The manufacturers and importers of the products referred to in Article 4(2), 5(2) and 6(2) of this Law are responsible for the provision of the repairability score, the longevity score and information on the duration of the software compatibility of products. § 2. The sellers and distributors of the products referred to in Article 4(2), 5(2) and 6(2) of this Law are responsible for the communication of the repairability score, the longevity score and information on the software compatibility of products. They are also responsible for access to technical information. Chapter VIII — Control and sanctions Article 9 § 1. The implementation of this Law is monitored by the inspection department of the Directorate General Environment of the Federal Public Health Service, Food Chain Safety and Environment. § 2. The King shall determine by ministerial decree the technical provisions relating to the control, including in the context of the inspection of products sold online, including the terms for administrative fines. Article 10 § 1. Is punishable by a criminal fine of EUR 100 to EUR 100,000, any person who infringes Articles 4(4) and 6(4) of this Law. The criminal fines provided for in § 1 must be increased in accordance with the Law of 5 March 1952 on surcharges on criminal fines. § 2. In order to protect the environment, the criminal judge may order the following measures: (1) a prohibition on importing the product that is the subject of the offence;
(2) withdrawal from the market of the product which is the subject of the offence;
(3) the publication of the judgement in the manner he shall determine and at the expense of the convicted person. Article 11 § 1. The members of the statutory or contractual staff appointed by the King in accordance with Article 9(2) of this Law shall send the minutes ascertaining the offence. § 2. The public prosecutor shall decide whether or not to sue criminally. Criminal proceedings exclude the application of an administrative fine, even if an acquittal closes them. § 3. The public prosecutor shall have a period of three months from the day of receipt of the minutes to notify his decision to the government official designated by the King in accordance with Article 9(2) of this Law.
In the event that the public prosecutor waives criminal proceedings or fails to notify his decision within the prescribed time limit, the government official designated by the King in accordance with Article 9(2) of this Law, in accordance with the terms and conditions laid down by him, shall decide, after having given the person concerned in a position to present his defence, if it is appropriate to propose an administrative fine on the basis of the offence. § 4. The official may propose to the offender an administrative fine, after giving the person concerned the opportunity to present his means of defence. If no proposal for an administrative fine is made, the minutes shall be forwarded to the public prosecutor. If a proposal for an administrative fine has been made, a copy of the minutes shall be sent to the public prosecutor for information purposes. Article 12 § 1 Notwithstanding compliance with Article 10 of this Law, an administrative fine of between EUR 100 and EUR 30,000 shall be levied if he infringes Articles 4, 5 and 6. § 2. The surcharges referred to in Article 1, subparagraph 1, of the Law of 5 March 1952 on surcharges on criminal fines shall also apply to the administrative fines of §1 of this Article. § 3. The management and issuance of administrative fines are the responsibility of the Legal Service of the Federal Public Health Service, Food Chain Safety and Environment. § 4. Administrative fines levied as a result of the minutes drawn up by the departments referred to in Article 9(1) shall be paid to the Budgetary Fund for raw materials and products. CHAPTER IX – Final provisions Article 13 This Law shall enter into force six months after the date of publication in the Belgian Official Gazette. Given in Brussels, on .../.../2022 By the King: PHILIPPE The Minister of Climate, Environment, Sustainable Development and the Green Deal, Z. KHATTABI
FEDERAL PUBLIC SERVICE FOR JUSTICE
17 MARCH 2024. - Law on promoting the repairability and durability of goods (1)
Chapter I
Introductory provisions
Article 1
This law governs a subject referred to in Article 74 of the Constitution.
Article 2
For the application of this Law, the following definitions apply:
1) repairability score: a score calculated in accordance with Article 4 of this Law assessing the feasibility of dismantling and repairing a good
2) durability score: a score calculated in accordance with Article 5 of this Law assessing the feasibility of dismantling and repairing a good as well as its robustness and reliability;
3) technical standard: a standard relating to the technical characteristics of a good enabling the score of each criterion to be calculated;
4) maintenance manual: an educational document, designed to explain and facilitate the maintenance of the good;
5) repair manual: an educational document, designed to explain and facilitate the repair of the good;
6) reliability of the good: expresses the likelihood that a good will perform its planned functions over a given period of time;
7) robustness of the good: expresses the strength and resistance of a good;
8) placing on the market: the first making available on the national market of a good for distribution or use, whether in return for payment or free of charge, irrespective of the selling technique used;
9) importer: any natural or legal person who places a good from Member States of the European Union or from third countries on the national market;
10) manufacturer: any natural or legal person who manufactures a good or has a good designed or manufactured and markets it under their name or trademark;
11) seller: any natural or legal person who, in the course of a commercial activity, makes available on the market by selling goods, including remotely, to consumers;
12) distance selling: a contract entered into remotely between a professional seller and a consumer, within the context of an organised sales system, without the simultaneous physical presence of the professional and the consumer, by the exclusive use of one or more distance communication techniques until the contract is concluded;
13) distributor: any professional in the marketing chain or service provision chain whose activity does not affect the safety characteristics of the product within the meaning of Article I.10. (9) of the Code of Economic Law;
14) persons responsible for placing on the market: manufacturers, importers, distributors and sellers of the goods covered by the repairability and durability score;
15) goods: movable tangible goods in accordance with Article I.1(6) of the Code of Economic Law.
Chapter II
General provisions
Article 3
§ 1. The purpose of this Law is to provide as many members of the public as possible with reliable information on the repairability, lifespan and repair options of goods with a view to limiting the environmental impact of such goods.
§ 2. The goods covered by this Law refer only to goods placed on the market for the first time. Second-hand goods are excluded from the scope of this Law.
Chapter III
Repairability score
Article 4
§ 1. A repairability score shall be established for the goods referred to in Article 4(2), calculated on the basis of the following criteria:
1) a score out of twenty relating to the period of availability of technical documentation, instructions for use and maintenance instructions to manufacturers, repairers and consumers;
2) a score out of twenty relating to the possibility of dismantling the good, such as the number of dismantling steps for uniform access to spare parts, as well as the characteristics of the tools needed and the connections between these spare parts;
3) a score out of twenty relating to periods of availability on the market for spare parts and delivery times to manufacturers, importers, spare part distributors, repairers and consumers;
4) a score out of twenty relating to the relationship between the selling price of spare parts by the manufacturer or importer and the price of the equipment sold by the manufacturer or importer, calculated in accordance with the procedures laid down by Royal Decree. Prices refer to the price at the time the score is calculated;
5) a score out of twenty relating to criteria specific to the category of goods concerned.
The repairability score is obtained by adding together the five scores obtained and then dividing this total by 10 to give an overall score on a scale from 1 to 10.
§ 2. The King shall lay down by decree deliberated in the Council of Ministers the list of goods covered by the repairability score and, by category of good, the technical standards for determining the scores for each of the above criteria. He shall also determine the method of calculating the overall repairability score.
§ 3. The King shall determine by Royal Decree the methods of communication of the repairability score as well as the format in which it is to be communicated. He also defines accessibility to technical standards and the calculation of the score.
Chapter IV
Durability score
Article 5
§ 1. A durability score shall be created, which supplements or replaces the repairability score referred to in Article 4 for the goods referred to in Article 5(2), calculated on the basis of the reliability and robustness specific to each category of goods.
§ 2. The King shall lay down by decree deliberated in the Council of Ministers the list of goods covered by the durability score and the technical standards for establishing the score and the method of calculating the score.
§ 3. The King shall lay down by Royal Decree the methods of communication of the durability score as well as the format in which it is to be communicated. He shall also define accessibility to technical standards and the calculation of the score.
Chapter V
Data processing
Article 6
The Federal Public Service for Public Health, Safety of the Food Chain and the Environment shall be the only public service competent and responsible for the processing of personal data within the framework of Articles 7, 8, 9 and 10 of this Law. The data processed are the first names and surnames of the representatives of the companies or natural persons in order to enable the officials referred to in Article 8(1) to contact them in the context of the checks referred to in Article 8(2).
The maximum storage period for personal data to be processed is five years.
Chapter VI
Responsibility
Article 7
§ 1. A person who, as a manufacturer or importer, places goods referred to in Articles 4(2) and 5(2) on the market for the first time must calculate their repairability or durability score and communicate it to the sellers of those goods in accordance with Articles 4 and 5.
§ 2. Sellers and distributors of the goods referred to in Articles 4(2) and 5(2) of this Law shall communicate to the consumer the repairability score or the durability score, as communicated by manufacturers or importers.
They may not be held responsible for the accuracy of the information made available to them in accordance with Article 7(1). They shall not be liable if the information provided in Article 7(1) is not made available to them.
Chapter VII
Supervision and penalties
Article 8
§ 1. Without prejudice to the responsibilities of criminal police officers, the statutory or contract staff members of the Federal Public Service for Public Health, Safety of the Food Chain and the Environment, appointed for this purpose by the King, shall monitor compliance with the provisions of this Law and its implementing decrees.
The contract staff members shall take an oath in front of the Minister in charge of the Environment or his/her delegate before assuming their duties.
§ 2. The King shall determine the technical provisions relating to checks, in particular in the context of the inspection of goods sold online, including the procedural arrangements for administrative fines.
Article 9
§ 1. In the event of an infringement committed by one of the persons referred to in Article 7(2), the statutory or contract staff members designated by the King under Article 8 shall send the report establishing the infringement to the official in charge of the Legal and Litigation Service of the Federal Public Service for Public Health, Safety of the Food Chain and the Environment.
The official in charge may propose to the offender an administrative fine, after giving the person concerned the opportunity to present his means of defence.
If a proposal for an administrative fine has been made, a copy of the report shall be sent to the public prosecutor for information purposes.
§ 2. In the event of an infringement committed by one of the persons referred to in Article 7(1), the statutory or contract staff members designated by the King under Article 8 shall send the report establishing the infringement to the public prosecutor and a copy of this report to the official in charge of the Legal and Litigation Service of the Federal Public Service for Public Health, Safety of the Food Chain and the Environment.
The public prosecutor shall decide whether or not to sue criminally. Criminal proceedings exclude the application of an administrative fine, even if an acquittal closes them.
The public prosecutor has three months from the day of receipt of the report to notify their decision to the official in charge of the Legal and Litigation Service of the Federal Public Service for Public Health, Safety of the Food Chain and the Environment.
Article 10
§ 1. Failure to comply with the obligations laid down in Article 7 and failure to comply with the technical standards and implementing rules laid down in the decrees adopted pursuant to Article 4(2) and (3), and Article 5(2) and (3), shall constitute an infringement and shall be punishable by an administrative fine of EUR 100 to EUR 15 000.
§ 2. The surcharges referred to in Article 1, paragraph 1, of the Law of 5 March 1952 on surcharges on criminal fines shall also apply to the administrative fines referred to in paragraph 1 of this Article.
§ 3. The management and issuance of administrative fines are the responsibility of the Legal Service of the Federal Public Service for Public Health, Safety of the Food Chain and the Environment.
§ 4. Administrative fines collected following the reports drawn up by the departments referred to in Article 8(1) shall be paid to the Budget Fund for Raw Materials and Goods.
Chapter VIII
Belgian consultation and knowledge platform
Article 11
§ 1. A Belgian consultation and knowledge platform shall be created to promote the exchange of knowledge and the dissemination of information for repairing and extending the lifespan of goods.
§ 2. The platform shall consist of at least manufacturers, importers, distributors, sellers and repairers of goods, knowledge centres, consumer organisations, employers’ organisations, workers’ organisations, environmental organisations and federal authorities. Regional authorities are invited to participate in the platform.
§ 3. The King shall determine how the platform operates.
Chapter IX
Final provisions
Article 12
Every six months from the date of entry into force of the Royal Decree determining the goods covered by the repairability or durability score, the platform referred to in Article 11 shall submit to the Ministers or State Secretaries responsible for the environment, the economy and consumer protection a report on the development of technical standards, calculation methods and pictograms contained in the decrees adopted pursuant to this Law and on any necessary amendments.
Article 13
On a quarterly basis, ongoing work on information requirements on the repairability of goods, as well as their reliability and robustness, both at the level of other Member States and at EU level as a whole, shall be assessed.
The King shall designate the person or department responsible for this assessment and shall lay down the arrangements for it.
Article 14
§ 1. This Law shall enter into force 12 months after the date of its publication in the Moniteur belge, without prejudice to paragraphs 2 and 3.
§ 2. As regards the importer referred to in Article 2(9) and the manufacturer referred to in Article 2(10), the provisions relating to the system of checks and penalties in Chapter VII shall enter into force:
1) 24 months after the date of publication in the Moniteur belge, for natural persons, small enterprises as defined in Article 1:24 and micro-enterprises as defined in Article 1:25 of the Companies and Associations Code;
2) 18 months after the date of publication in the Moniteur belge, for other companies.
§ 3. As regards the seller referred to in Article 2(11) and the distributor referred to in Article 2(13), the provisions on the system of checks and penalties in Chapter VII shall enter into force 30 months after the date of publication in the Moniteur belge.
Adopted by the House of Representatives,
Brussels, 8 February 2024
The Speaker of the House of Representatives,
The Registrar of the House of Representatives,