5/ to proceed to the visits of the places with use of
dwelling supposed to contain products counterfeited, and
this, after preliminary authorization of the Public prosecutor
of the competent jurisdiction court. The visits of the places
with use of dwelling must be paid in accordance with the
regulations of the penal procedures code.
Article 52 quinquies - The members of the police force
are held, in the event of need, to lend hand-strong to the
order agents of control to guarantee the good achievement
of their mission.
The haulage contractors are held not to make obstacle at
the request of the agents aimed to article 52 (a) of this law
in order to proceed to the operations of seizure or sampling,
and to present the loading or transport documents, the
receipts, the goods and declarations of which they are
holders.
Article 52 sexies - The samples taken by the agents
aimed to in article 52 (a) of this law are subjected to the
necessary expertises. In the event of analyses and tests,
those must be carried out in the laboratories entitled for this
purpose in accordance with the regulations into force.
Article 52 septies - The infringements with the
provisions of this law are noted by an official report
established by two agents among those quoted in article 52
(a) of this law, having taken share personally and directly
with the observations of the facts which constitute the
infringement.
The official report must comprise the service seal of the
agents policemen, their signatures and their quality, as well
as the declarations of the contravener.
The contravener or his representative, present during the
establishment of the official report, is held to sign it. If the
official report is established in its absence, or that present it
refuses to sign it, mention is made by it in the official
report.
The official report must also mention the date, the place
and the nature of the observations or controls carried out
and indicate that the contravener was informed of the date
and the place of the drafting of the verbal lawsuit and that
convocation by registered letter was addressed to him,
except case of obvious offence.
Article 52 octies - Is punished of a fine from 5000 to
20000 dinars and of a one month imprisonment or six
months or one of these two penalties :
- whoever avoids or attempts to avoid controls intended to
check the suspected products to be counterfeited,
- whoever puts, in any manner, the agents entitled by the
present law in the impossibility of reaching the buildings of
production, manufacture, deposit, sale, distribution or with
the means of transport,
- whoever refuses to give any account, technical or
commercial necessary to control,
- whoever intentionally provides false documents with
regard to the source of the product, its origin, its nature, its
elements and its substantial qualities.
Article 52 nonies - The responsibility for the services
the agents belong to aimed to in article 52 (a) cannot be
committed if they do not manage to recognize the products
supposed counterfeited.
The law herein shall be published in the Official Gazette
of the Republic of Tunisia and implemented as law of the
state.
Tunis, 23 July 2007.
Zine El Abidine Ben Ali
Law n° 2007-51 dated 23 July 2007, amending and
completing law n° 60-30 dated 14 December 1960,
organizing social security schemes (1).
In the name of the people,
The Chamber of Deputies and the Chamber of Advisors
having adopted,
The President of the Republic enacts the following law :
Article one - The provisions of paragraph one of article
105 of law n° 60-30 dated 14 December 1960, organizing
social security schemes are repealed and superseded by the
following provisions :
Article 105 (paragraph one new) : Any full contribution
or part of it not paid at the time limit by an affiliated
employer is overvalued by a late payment penalty for non
payment of the required contributions worth 1% per each
month late or part of it if the employer declares all the
wages automatically paid. If all the paid wages are not
declared, a late payment penalty for non declaration of
wages worth 0.5% from the affiliations amount required per
one month late or part of it is added to the late payment
penalty for non payment of contributions.
Art. 2 - A third paragraph is added to article 45 of law n°
60-30 dated 14 December 1960, organizing social security
schemes as follows :
Article 45 (third paragraph) : The employees may pay the
affiliations fees provided for in the article herein monthly.
The law herein shall be published in the Official Gazette
of the Republic of Tunisia and implemented as law of the
state.
Tunis, 23 July 2007.
Zine El Abidine Ben Ali
________
(1) preparatory works :
Discussion and adoption by the Chamber of Deputies during its
session held on 10 July 2007.
Discussion and adoption by the Chamber of Advisors during its
session held on 16 July 2007.
CONSTITUTIONAL COUNCIL (*)
Opinion n° 29-2007 of the Constitutional Council, on a draft law amending and completing law n°2001-36 dated 17
April 2001, on trademarks, trade and services protection.
Opinion n° 45-2007 of the Constitutional Council, on a draft law amending and completing law n°60-30 dated 14
December 1960, organizing social security schemes.
_____________________________________
(*) These opinions are published only in Arabic and French.
N° 60
Official Gazette of the Republic of Tunisia — 27 July 2007
Page 773