Proposition 53K1420

Logo (Chamber of representatives)

Projet de loi modifiant la loi du 21 décembre 1998 relative aux normes de produits ayant pour but la promotion de modes de production et de consommation durables et la protection de l'environnement et de la santé.

General information

Submitted by
CD&V Leterme Ⅱ
Submission date
May 3, 2011
Official page
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Status
Adopted
Requirement
Simple
Subjects
EC Directive administrative sanction occupational safety chemical product durable goods sustainable development energy consumption plant health product dangerous substance occupational health environmental protection environmental standard national implementing measure production standard penalty pesticide public health

Voting

Voted to adopt
Groen CD&V Vooruit Ecolo LE PS | SP Open Vld MR
Abstained from voting
N-VA LDD VB

Party dissidents

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Discussion

June 9, 2011 | Plenary session (Chamber of representatives)

Full source


Rapporteur Thérèse Snoy et d'Oppuers

Mr. Speaker, dear colleagues, this bill, submitted by the government, aims to amend the Product Standards Act of December 1998 by introducing criminal sanctions for violations of a whole series of European regulations that we must apply in our country: regulations on the export and import of dangerous chemicals, regulations on classification, labelling, packaging of substances and mixtures, exports of metal mercury, placing on the market of plant protection products, substances that degrade the ozone layer, etc.

In the second part, this bill aims to transpose into Belgian law the Directive establishing a framework for ecodesign requirements, in particular for energy-related products. These interesting provisions allow to verify whether the placing on the market of energy-consuming products is properly linked to these requirements.

Finally, this bill aims to repeal the 1999 Act on the guarantees to be given in the field of substances for the protection and well-being of workers. In doing so, the requirements relating to the protection of workers are incorporated into the December 1998 Act.

This project has been the subject of a very short debate since there is a broad consensus on it.

During this debate, I asked the Minister about the organization of control and inspection services in order to ensure the protection of workers and consumers. The Minister responded to me by saying that labour inspection services would be responsible for control and would integrate environmental aspects as well as those related to consumer protection. He also told me that this law would allow to coordinate the different controls.

The President, Mr. Bonte, asked whether the opinion of the National Labour Council had been requested. To which the minister replied that he had actually been asked about an advance bill similar to the bill under consideration.

During the discussion of the articles, Mr. Beuselinck introduced an amendment to clarify that the offences concerned fall within the competence of the federal state. But the minister drew his attention to the fact that this precision was not necessary because it was obvious.

Finally, the amendment submitted by the N-VA was rejected and the entire draft was adopted by ten votes and three abstentions.


Bert Wollants N-VA

Mr. Speaker, I would like to thank Mrs. Snoy for the comprehensive report, which was followed with great attention by the colleagues.

However, I would like to return to a few provisions that make it a bit difficult for us to deal with. I know that the Minister – it is very regrettable that he is not here – attaches great importance to the division of powers. I know that the State Council also attaches great importance to the division of powers. Per ⁇ my party is the party that still attaches the greatest importance to this kind of division of powers. That is why it is important that we make clear legislation.

If the Council of State recommends us to ensure that we do not make legislation about which there may be much doubt afterwards, I think we should do so.

In the meantime, you are present. Welcome to .

If we as a party submit an amendment to ensure that legislation is fully concise and clear, I think this is a very constructive way of working. I don’t think that we then – as some say – behaved problematically, not even revanchistically. I think we are just trying to do good legislative work here.

For this reason, we submitted an amendment which, unfortunately, was not supported by the Minister, although it was very clear that the State Council was in favour. We will abstain from voting on this bill, even if it is only to give a signal to the Minister that we expect a proper legislative work to be carried out. If we are supported by the Council of State, I think we have an important point in this.


President André Flahaut

In order to avoid any errors in the reports, I would like to point out that the Minister is present.