Miscellaneous Provisions Inside Act. -Integrated Police (1)

Original Language Title: Loi portant des dispositions diverses Intérieur. - Police intégrée (1)

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2016000181&caller=list&article_lang=F&row_id=1&numero=25&pub_date=2016-04-29&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2016-04-29 Numac: 2016000181 Interior FEDERAL PUBLIC SERVICE, SERVICE PUBLIC FÉDÉRAL JUSTICE, Department of DEFENSE and FEDERAL PUBLIC SERVICE mobility and transport 21 April 2016. -Law concerning various provisions inside. -Integrated police (1) PHILIPPE, King of the Belgians, to all, present and future, hi.
The House of representatives has adopted and we sanction the following: title I:. -Available general Article 1. This Act regulates a matter referred to in article 74 of the Constitution.
TITLE II. -Provisions amending and repealing chapter I. -Amendment of the law of May 24, 1888, regulating the status of bench tests of weapons fire established at Cork Art. 2. article 11 of the law of May 24, 1888, regulating the status of bench tests of weapons fire established in Liège, amended by the law of August 10, 1923, is supplemented by a paragraph as follows: "the ammunition used by the police nor fall under the application of article 10.".
CHAPTER II. -Amendments to the law on the police function s. 3. in article 5, paragraph 2, of the police service Act, as amended by the Act of 7 December 1998, the words ", of the auditor general at the military court" and the words ", military Auditors" are repealed.
S. 4. in section 5/6 of the Act, as amended by the Act of 7 December 1998, the words "or the military auditor" are repealed.
S. 5. in chapter II, section 6, of the Act, it is inserted an article 13bis as follows: "article
13bis. the judicial authorities, officials and officials of public services shall notify the Minister of the Interior all relevant information in their possession which relate to the protection of the life and the physical integrity of the persons to be protected, in accordance with the rules determined by their authorities.
The Minister of the Interior communicates to General Directorate of administrative police of the federal police all information necessary for execution protection missions entrusted. "."
S. 6 A section 22 of the same Act, as amended by the Act of 7 December 1998, the following changes are made: 1 ° in paragraph 2, the words "They are responsible for dispersing" are replaced by the words "decision of the authority of administrative police or at the initiative of the police officer responsible for operational direction of order in accordance with articles 7/1" 7/2 or 7/3, they disperse";
2 ° in paragraph 3, the word "Federal" is repealed.
S. 7 A section 23 of the Act, as amended by the Act of 7 December 1998 and the Act of April 2, 2001, the following changes are made: 1 ° in paragraph 2, paragraph 1, the words ", the military auditor," are repealed;
2 ° in paragraph 4, paragraph 2, the words "the administration of prisons" are replaced by the words "of the Director general of prisons or his delegate".
3 ° in the Dutch text of operative paragraph 5, the words "het Bestuur der strafinrichtingen" shall be replaced by the words "prison inrichtingen".
S. 8. article 30 of the Act, as amended by the Act of 7 December 1998, is replaced by the following: 'article 30 § 1.
Police officers may, in places that are legally accessible, subtract at the free disposal of the owner, possessor or holder objects or animals that pose a threat to life or physical integrity of the persons or the safety of the goods, as long the needs of public security or public peace required.
This administrative seizure is done according to the instructions and under the responsibility of an administrative police officer.
§ 2. The objects seized by way of administrative action are held at the disposal of the holder, the possessor or owner six months maximum, unless compelling public safety requirements warrant immediate destruction.
This destruction is decided by the competent administrative police authority.
§ 3. The King may regulate the procedures whereby the seized items are kept, returned or destroyed. "."
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9. in article 33ter, paragraph 3, of the Act, inserted by the Act of April 25, 2007, the words "register of detainees" are replaced by the words "register of deprivations of liberty".
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10. in article 34, § 1, paragraph 1, of the same law, "an offence" shall be replaced by the words "a fact liable of an administrative or criminal sanction".
S. 11. in article 35 of the same Act, as amended by the Act of 7 December 1998, paragraph 2 is replaced by the following: "They cannot submit or let submit these people, without their consent, questions or views of journalists or third foreign to their cases.".
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12. in article 41, § 1, of the same law, replaced by the law of April 4, 2014, paragraph 7 is replaced by the following: "the number of intervention referred to in paragraph 3 consists of five digits which are derived from the identification number of the official police or police officer.".
S. 13. in section 9-11-44, § 1, 4 °, of the same Act, inserted by the law of March 18, 2014, the words "and the administrative monitoring, control and finding" shall be inserted between the words "investigation and research" and the words "the General Administration of customs and Excise".
S. (14. article 44/11/12, § 2, of the Act, inserted by the Act of March 18, 2014, is supplemented by the g) as follows: "g) (assessment of reliability, environment and history of the members of the staff referred to in point b).".
S. 15. article 44/13 of the same Act, inserted by the law of April 1, 2006, is replaced by the following: 'article 44/13. In the context of the assistance referred to in article 44/12 police officers: 1 ° on order and under the responsibility of an administrative or judicial police officer, perform searches of buildings and means of transport referred to in article 27 and the excavations of security and judicial referred to in article 28;
2 ° ensure, on order and under the responsibility of an administrative or judicial police officer, surveillance of persons deprived of their freedom in implementation of articles 15, 1 ° and 2 °, 31 and 34. "."
S. 16A section 52 of the same Act, as amended by the Act of 7 December 1998, the Act of May 15, 2007, the law of December 29, 2010 and the Act of December 21, 2013, the following changes are made: 1 ° paragraph 3 is supplemented by two paragraphs worded as follows: "no justice assistance shall be granted to the staff member who brought an action against the State the municipality or the multi-municipal area.
Legal assistance may be refused to the Member of staff who brought an action against another Member of staff. ";
2 ° in paragraph 4, paragraph 1, the words 'paragraph 3, subparagraphs 2 and 3' shall be replaced by the words "§ 3, paragraphs 2, 3 and 5".
CHAPTER III. -Amendments to the organic law of 30 November 1998 of the intelligence and security section services
17. in article 3 of the organic law of 30 November 1998 of the intelligence and security services, as amended by the law of February 4, 2010 and the law of 6 December 2015, 3 ° is repealed.
S. 18. in article 5, § 2, paragraph 1, of the Act, the words "in article 7" are replaced by the words "in article 7, 1 °".
S. 19A article 6, § 3, of the Act, 1 °, 3 °, 4 °, 5 ° and 6 ° are repealed.
S. 20. in article 7 of the Act, as amended by the Act of 6 December 2015, 3 ° is repealed.
S. 21. in article 8 of the same Act, 5 ° is repealed.
S. 22. articles 22 and 35 of the Act are repealed.
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23. the titles of sections 2 and 3 of chapter III of the Act are repealed.
CHAPTER IV. -Amendments to the Act of 7 December 1998 organizing an integrated police service structured two-tier art. 24. in article 9, paragraph 3, of the Act of 7 December 1998 organizing an integrated police service structured at two levels inserted by the law of December 30, 2009, "until January 1, 2011" shall be replaced by the words "until 1 January 2018".
S. 25. in article 21B, paragraph 2, of the Act, inserted by the Act of April 2, 2001, the word "related" is replaced by the word "relative".
S. 26. in article 41, paragraph 3, of the Act, inserted by the law of 27 December 2004, the words "in article 61 or article 96bis or 105bis" are replaced by the words "in articles 61 or 104bis".
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27. in article 68, paragraph 2, of the Act, the word "sense" is replaced by the word "supposed".
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28. in article 69 of the Act, the word "to" is inserted between the words "order" and the words "municipal authority".
S. 29. in title II of the Act, it is inserted a chapter VIII containing the articles 91/11 to 91/15 worded as follows: "chapter VIII. -Modification of the delimitation of areas of police article 91/11. The amendment referred to in article 9, paragraph 3, gives rise to the simultaneous institution of several new areas of police following the split of one or several areas of old multi-municipal police. This change must have operational or organizational value.
S. 91/12. The Councils of the municipalities forming part of the old police zones affected by the change of the delimitation of areas of police introduce a reasoned request to that effect with the Ministers of the Interior and Justice.
They join this application the elements referred to in article 257quinquies/12.
The King sets on

proposal of the Ministers of the Interior and Justice the jurisdiction of the new police areas.
S. 91/13. Articles 91/3, 91/4 and 91/6 to 91/9 shall apply to the (to the) area (s) of police pluricommunale (new (s) resulting (nt) the modification of the delimitation of areas of police.
S. 91/14. In case of modification of the delimitation of the old police districts of the arrondissement of Brussels-capital, the police Board of the new police zone resulting includes a number of members of the Dutch linguistic group which is equal to the highest number of Councillors respectively awarded by section 22A, § 1, to areas of former police comprising one of the municipalities of the new police zone.
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91/15. The Federal grant awarded to the (to the) police old (s) area (s) is divided between areas of new police resulting from the modification of the delimitation of areas of police in proportion to the wage cost of the members of the staff of the operational framework and the administrative and logistical framework of la(delesde) area (s) of police former (s) that are transferred to each of the areas of police news.
The wage cost is defined by the remunerations attributed to the members of the staff of the operational framework and the administrative and logistical framework of la(delesde) police old (s) area (s) the month preceding submission of the application referred to in article 91/12. "."
S. 30. article 94 of the same Act, as amended by the Act of 20 June 2006 and the law of July 19, 2012, is replaced by the following: 'article 94. the responsibility of the Directorates and decentralised federal police services referred to in article 93, § 2, paragraph 1, 1 ° to 3 °, is the judicial districts and headquarters of these directorates and services lies within the responsibility of the respective judicial districts, except for the Brussels judicial arrondissement and exception justified by particular situations. In this case, the King fixed by Decree deliberated in the Council of Ministers the spring and headquarters directorates and services decentralised in order to take account of the legal district of Brussels and these peculiarities. "."
S. 31. article 96bis of the Act, inserted by the Act of April 26, 2002, is repealed.
S. 32. article 97 of the Act is supplemented by a paragraph as follows: "without prejudice to the powers of the Minister or the Secretary of State which has the North Sea in his or her attributions, the federal police is placed, for the execution of its missions of administrative police in the Belgian territorial sea, the exclusive economic zone and on the continental shelf , under the authority of the Governor of the province of West-Flanders. "."
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33. article 101, paragraph 2, of the Act, replaced by the law of March 26, 2014, is supplemented by 6 ° as follows: "6 ° the performance of the tasks of protection of persons entrusted by the Minister of the Interior or his delegate. ''.
S. 34. in article 106, paragraph 2, of the Act, "decentralized judicial services" shall be replaced by the words "judicial directorates".
S. 35. in article 115 § 7, 2 °, of the Act, "Ministry of the Interior" shall be replaced by the words "federal public service interior".
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36. article 118 of the Act, as amended by Act of July 16, 2005, the Act of December 28, 2006 and the Act of July 31, 2013, is supplemented by a paragraph as follows: "The King determines the conditions and modalities for engagement in a contract of work term of a member of staff for a statutory employment of the administrative and logistic framework.".
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37. article 138, § 1, paragraph 1, of the same Act, replaced by the law of December 28, 2006, is complemented by 5 ° and 6 ° worded as follows: "5 ° according to the procedures laid down by the King, the base frame police officers who are appointed to a job within a service for survey and research of the local police or employment within the Directorate-General of the judicial police of the federal police;
6 ° at their request and in the manner laid down by the King, police inspectors with 6 years of seniority of framework. "."
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38. in article 141, paragraph 2, of the Act, the words "and the weapons" are replaced by the words "weapons and ammunition".
S. 39. in part VIII of the Act, it is inserted a chapter VI containing the 257quinquies/11 articles to 257quinquies/16, worded as follows: "chapter VI. -The terms and consequences of the change of the delimitation of areas of police article
257quinquies/11. Are applicable to La(àles) police pluricommunale (new (s) resulting (s) area (s) the delimitation of areas of policy change:-article 257quinquies/1 within the limits of the list referred to in article 257quinquies/12;
-articles 257quinquies/2 to 6;
-article 257quinquies/7 within the limits of the inventory referred to in article 257quinquies/12;
-article 257quinquies/9, § 1, on the understanding that the ending of the old police zone management account is accompanied by balance.
S. 257quinquies/12. Communal councils referred to in article 91/12 adopt, on advice of the chefs de corps of old police areas, the following acts:-the list of names of staff members who are transferred to each of the new police zones: the nominal roll is stopped so as to ensure the satisfaction of the equivalent minimum service referred to in article 3 in each of the new police zones;
-inventory of moveable assets that are transferred in each of the new police zones;
-the rules relating to the resumption of ongoing litigation.
S. 257quinquies/13. § 1. Real estate, properties in the area of former police are transferred to the new police zone on whose territory they are situated. The new police zone resumed duties, obligations and charges relating to immovable property whose ownership is transferred to them.
§
2. The amount of the correction which the former police zone mechanism was liable to pay or benefited in application of the correction mechanism referred to in article 248quater is divided between areas of police new competition on the part of the strength of the old police zone that is transferred to each of them.
§ 3. The new police zone takes up the rights, obligations and charges resulting from lease agreements passed by the area of former police to the use of local police relating to immovable property located in the territory of the new police zone.
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257quinquies/14. § 1. (S) account (s) at end of management and the balance sheet of the (s) area (s) of police former (s) concerned (s) by modification of the delimitation of areas of police settled on the last day of the quarter preceding the date of institution of the local police within the new police areas.
§ 2. New areas of police resumed their full assets and liabilities of the (s) area (s) of former police (s) to which (in which) they succeed in competition on the part of the workforce of the (s) area (s) of police former (s) that is transferred to each of the new police zones.
§ 3. (S) account (s) at end of management and the balance sheet of the (s) area (s) of police former (s) concerned (s) by modification of the delimitation of areas of police are subject to the approval of the boards of police or the Council police and the Municipal Council of the new police areas.
S. 257quinquies/15. Without prejudice to article 257quinquies/4, any proceedings relating to the procurement of works, supplies and services passed to the benefit of the former police zone continued, from the date of institution of the local police in the area of new police and within the limits of the works, supplies or services enjoyed by it, by the new police zone.
Paragraph 1 applies also for the execution of public contracts awarded before the same date.
S. 257quinquies/16. Prior to the institution of the local police in the area of new police and the agreement of the other communes in the area concerned former police, an agreement can be reached between the municipalities that will be part of the new police zone to define the modalities of functioning as a single operational entity. "."
Chapter V. - Modification of the Act of December 11, 1998 to the classification and the clearances, certificates & Security section 40 A section 22 of the Act of December 11, 1998 to the classification and the clearances, certificates and safety notices, the following changes are made: 1 ° in paragraph 5, the words ", the secret information or ongoing investigation" are inserted between the words "for the protection of sources" and the words "or the protection of the privacy of third parties";
2 ° paragraph 5 is supplemented by the following sentence: "If these secrets are information or investigation underway, the safety authority confers to this issue with the competent magistrate.".
CHAPTER VI. -Amendments to the Act of March 24, 1999, organizing the relations between public authorities and trade unions of the staff of police s. 41. in article 28 of the Act of March 24, 1999, organizing the relations between public authorities and trade unions of the staff police services, the word "auxiliary" is replaced by the word 'agent'.
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42. section 29 of the Act, the following amendments are made: a) in the paragraph

1, 1 °, the word "auxiliary" is replaced by the word 'agent';
(b) in paragraph 3, the word "departments" is replaced by the words 'federal public services'.
CHAPTER VII.
-Amendments to the law of 13 May 1999 on the disciplinary statute of the members of the staff of police s. 43. in section 2 of the Act of 13 May 1999 on the disciplinary of the staff of the police Statute, the words "and the General Inspectorate respectively referred to in articles 116 and 143 of the Act of 7 December 1998 organizing an integrated police structured on two levels service" are replaced by the words "referred to in article 116 of the Act of 7 December 1998 organizing a police service integrated" structured at two levels, and general inspection referred to in the law of 15 May 2007 on the inspection provisions and General various relating to the status of some members of the police services.
S. 44. section 19 of the Act, as amended by the Act of 30 December 2001 and the Act of 27 December 2004, the following changes are made:-1 °, at), and 2 °, has), the word "Sub" is every time replaced by the words "of police officers";
((((((- to 1 °, a) and b), 2 °, a) and (b)), and 3 ° has) and (b)), 'level 1' shall each time be replaced by the words 'level A'.
S. 45. section 20 of the Act, as amended by the Act of 30 December 2001 and the Act of 27 December 2004, the following changes are made:-1 °, at), and 2 °, has), the word "Sub" is every time replaced by the words "of police officers";
(- 2 °, a) and b), 'level 1' shall each time be replaced by the words 'level A'.
S. 46. in article 21 of the Act, the words "with the exception of liaison officers referred to in article 105, paragraph 4, of the Act of 7 December 1998 organizing an integrated police service structured on two levels," are replaced by the words "for acts committed during the detachment",.
S. 47. in article 24, paragraph 1, 3 °, of the Act, as amended by the law of 31 May 2001, the words "article 44/4" shall be replaced by the words "article 44/7".
S. 48. in article 26, paragraph 2, 2 °, of the Act, the words "or the competent authority of the agglomeration of Brussels under section 48 of the Special Act of 12 January 1989 relating to Brussels institutions" shall be inserted between the words "the Governor of province" and the words "and the Mayor".
S. 49 A article 31 of the Act, the following amendments are made: 1 ° the words ' article 44/4 "are replaced by the words" in article 44/7 ";
2 ° the words ' article 44/7 "are replaced by the words" to article 44/6 ".
S. 50. in article 40 of the same Act, replaced by the law of 31 May 2001, a paragraph worded as follows is inserted between paragraphs 1 and 2: "at least one person of each sex shall be represented in each room.".
S. 51. in article 60, paragraph 3, of the Act, amended by the law of June 20, 2006, the words "article 44/4" are replaced by the words "to article 44/7".
CHAPTER VIII. — Amendment Act of 30 March 2001 on pensionable staff police and their successors s. services 52. in section 4 of the Act of 30 March 2001 relating to the pension of the staff of the police services of their successors, "auxiliary staff" shall be replaced by the word 'agent'.
CHAPTER IX. -Modifications of the royal decree of 30 March 2001 concerning the legal position of the staff of the police ("PJPol") art. 53. in the PJPol, divisions and following articles, confirmed by the law of 26 April 2002, are repealed:-article I.I.1er, 1 ° to 5 °, 7 ° to 10 °, 11 ° to 13 °, 15 ° and 25 °;
-article II. I.11;
-items II. II.1er and II. II.2;
-article II. III.2;
-Title III of part III, including articles III. III.1er and III. III.2;
-Title V of part III, including articles III. V.1er and III. V.2;
-the sub-section 2 of section 2 of chapter I of title I of part IV, comprising articles IV. I.4 to IV. I.6;
-sections IV. I.7 to IV. I.11;
-article IV. I.15, paragraph 2;
-article IV. I.35;
-the sub-section 2 of section 2 of chapter II of title I of part IV, comprising articles IV. I.41 to IV. I.43;
-sections IV. I.44 to IV. I.46;
-article IV. I.49, paragraph 1;
-article VII. II.1er, § 2;
-article VII. II.2;
-article VII. II.5;
-section 1 of chapter III of title II of part VII, including article VII. II.6;
-the sub-section 1 of section 2 of chapter III of title II of part VII, including article VII. II.7;
-the sub-section 2 of section 2 of chapter III of title II of part VII, including article VII. II.8;
-article VII. II.11, paragraph 2;
-article VII. II.12, paragraph 2;
-article VII. IV.7, paragraph 1;
-the sub-section 1 of section 2 of chapter III of title IV of part VII, including article VII. IV.8;
-the sub-section 2 of section 2 of chapter III of title IV of part VII, including article VII. IV.9;
-article VII. IV.13, paragraph 2;
-article VII. IV.14, paragraph 2;
-article VII. IV.15, paragraph 2;
-article IX. I.2, paragraphs 1 and 3;
-IX articles. I.3 and IX. I.4;
-article IX. I.6, paragraph 4;
-article IX. I.7, paragraph 1, as amended by the royal decree of December 20, 2007;
-article IX. I.8;
-article IX. I.10;
-article IX. I.12;
-article XI. II.1er, paragraph 1;
-article XI. II.2;
-article XI. II.16, paragraph 2;
-article XI. II.24, amended by the royal decree of 24 October 2003;
-articles XI. II.25 in XI'AN. II.28. S. 54. in article XII. VII.6 PJPol, confirmed by the law of December 30, 2001, the words "article IX. I.7 "are replaced by the words"article 83 of the law of 26 April 2002".
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55. in article XII. VII.17, paragraph 1, PJPol, confirmed by the law of December 30, 2001 and replaced by the law of 3 July 2005, the words "article VII. II.6 "are replaced by the words"article 37 of the Act of April 26, 2002".
S. 56. in article XII. VII.18, § 1, PJPol, confirmed by the law of December 30, 2001 and replaced by the law of 3 July 2005, the words "article VII. II.6 "are replaced by the words"article 37 of the Act of April 26, 2002".
S. 57. in article XII. IX.4, paragraph 4, PJPol, inserted by the law of 2 August 2002, the words "article IV. I.4, 6 ° "are replaced by the words"article 12, paragraph 1, 6 °, of the law of 26 April 2002".
Chapter x. - Amendments to the law of 26 April 2002 on the essential elements of the status of the staff of the police and on various other provisions relating to police services art. 58. section 2 of the Act of 26 April 2002 on the essential elements of the status of the staff of the police and on various other provisions relating to the police, as amended by the Act of March 1, 2007, the following changes are made: has) in the 6th, "auxiliary staff" shall be replaced by the word "agent" and the words "auxiliary staff" shall be replaced by the words "of agents";
(b) in 11 °, the words "and 56 of the Act and article 27" are replaced by the words ", 56 and 108bis of the Act".
S. 59. the title of chapter II of title II of the Act, replaced by the law of 3 July 2005, is replaced by the following: "chapter II. -Ranks, titles and qualifications".
S. 60. in article 3, paragraph 1, 4 °, of the Act, the word "auxiliary" shall be replaced by the word 'agent' and 'auxiliary agent' shall each time be replaced by the word 'agent'.
S. 61. in section 4 of the Act, the word "auxiliary" is replaced by the word 'agent'.
S. 62. in title II, chapter II, of the Act, there shall be inserted a section 3, with article 11bis, read as follows: "Section 3. -Qualifications art. 11bis. the rank of the Member of staff who has thirteen years of seniority of rank is preceded by the adjective of "first".
The King determines the terms of the transitional legislation on the matter. "."
S. 63. in article 12 of the Act, as amended by the law of July 3, 2005 and the Act of December 21, 2013, the following changes are made: a) in paragraph 1, "auxiliary staff" shall be replaced by the word 'agent';
(b) in paragraph 1, the 3rd is replaced by the following: "3 ° be of irreproachable conduct and not to present risk factors that constitute an obstacle to the commitment to the police;";
(c) paragraph 2 is replaced by the following: "(Les conditions visées à l'alinéa 1er, 3°, découlent: a) of a certified copy of the full criminal record dating from less than three months to the date of submission of the application;"
(b) investigative environment and history, including an interview with the candidate at the home and residence possible, conducted by the local police.
(c) all available information provided by the intelligence and security services and the coordinating body for threat analysis;
(d) all available information relating to administrative sanctions communal imposed for a hybrid offence;
e) judicial data, provided by the police, on the authorisation of the competent judicial authorities;
(f) other data and validated information available to the police services. "."
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64. in article 19 of the same Act, the 3rd is replaced by the following: "3 ° be of irreproachable conduct and do not present risk factors that constitute an obstacle to the commitment to the police;".
S. 65. in article 21 of the Act, paragraph (2), amended by Act 21

December 2013, is replaced by the following: "(Les conditions visées à l'article 19, 3°, découlent: a) of a certified copy of the full criminal record dating from less than three months to the date of submission of the application;"
(b) investigative environment and history, including an interview with the candidate at the home and residence possible, conducted by the local police.
(c) all available information provided by the intelligence and security services and the coordinating body for threat analysis;
(d) all available information relating to administrative sanctions communal imposed for a hybrid offence;
e) judicial data, provided by the police, on the authorisation of the competent judicial authorities;
(f) other data and validated information available to the police services. "."
S. 66. in article 25 of the same Act, "the Director of the service designated" shall be replaced by the words "the Member of staff who heads the Directorate or Department designated by him".
S. 67. article 26 of the Act, as amended by the law of December 21, 2013, is supplemented by a paragraph as follows: "the Member of staff who has been engaged in the bonds of a contract of employment and which no longer occupies employment referred to in paragraph 1, 1 °, may, by decision of the appointing authority, remain under the authority of a contract of employment.".
S. 68. in article 33 of the same Act, amended by the law of 15 May 2007, the words "officer or designated a senior officer warrant" shall be replaced by the words "police Divisional Commissioner or that is designated for a term referred to in article 66, paragraph 1".
S. 69A section 40 of the Act, the following amendments are made: 1 ° "auxiliary staff" shall be replaced by the word 'agent';
2 ° "the Director of the service designated by the Minister" shall be replaced by the words "the Member of staff who heads the Directorate or Department designated by the Minister".
S. 70. in articles 41, as amended by the law of 3 July 2005, 45, 46 and 47 of the Act, the words "the Director of the service designated by the Minister" are each time replaced by the words "the Member of staff who heads the Directorate or Department designated by the Minister".
S. 71. in section 92 of the Act, "to the officer" shall be replaced by the words "the Member of staff".
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72. in article 93, § 1, paragraph 1, of the Act, 'the agent' shall be replaced by the words "the Member of staff".
S. 73. in article 95 of the Act, the word "departments" is replaced by the words 'federal public services'.
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74. in the same Act, it is inserted a XIIbis chapter, including article 96bis, as follows: "chapter XIIbis. -Intervention of the State, commune or multi-municipal area in some cases of refusal of intervention of insurance s. 96bis. § 1.
To the members of staff who, following a death or injury incurred during a service mission abroad, are facing an exclusion by their insurance company resulting in non-payment of capital or annuity established under the guarantees provided for in their contract of life insurance, accident insurance or their privies, is assigned an allowance which is equal to the amount that should be paid by the insurance company had not appealed the exclusion clause.
This compensation is awarded: 1 ° provided that the staff member has taken all the necessary measures to inform his insurance company to maintain the coverage of the risk provided for in the contract, possibly on payment of an additional premium.
2 ° provided that the concerned insurance already existed before the mission of service abroad and not has not been reached for this service mission.
§ 2. The State, the municipality or the multi-municipal area is subrogated in the rights and actions of the staff member concerned to the extent of the amount paid, both towards the insurance company only to responsible third possible.
§ 3. If in the context of the information procedure should emphasize that cover the risks provided for in the contract of insurance can be maintained, subject to payment of a surcharge, the surcharge due after the risk because of the foreign service mission is dependent of the State, municipality or multi-municipal area. "."
CHAPTER XI. -Amendments to the law of 6 May 2002 on the establishment of the the pension funds of the police integrated and specific provisions on social security art. 75. in the title of the Act of May 6, 2002 on the establishment of the Fund the pensions of the police integrated and specific provisions on social security, the words "on the establishment of the integrated police pension fund" shall be replaced by the words "on the federal police pension fund".
S. 76. the title of chapter II of the Act is replaced by the following: "chapter II. -Federal police pension fund".
S. 77. in article 2, 2 °, of the Act, "integrated policing" shall be replaced by the words "federal police".
CHAPTER XII. -Modification of the programme act of 2 August 2002 art. 78. in article 159 of the programme act of 2 August 2002 "auxiliary staff" shall be replaced by the word 'agent'.
CHAPTER XIII. -Amendments to the law of 15 May 2007 on the Inspection General and wearing various provisions relating to the status of some members of the police services s. 79. in article 2 of the law of 15 May 2007 on the Inspection General and various provisions relating to the status of some members of the police services, the 3rd is replaced by the following: "3 °"the Director general": the Director general of Directorate-General of the management of the resources and the information referred to in article 93, § 1" , 2 °, of the law of 7 December 1998 organizing an integrated, structured police service at two levels; "."
S. 80. in article 6, paragraph 1, of the Act, the following amendments are made: 1 ° "of the administrative Arrondissement of Brussels-capital" shall be replaced by the words "by the competent authority of the agglomeration of Brussels under section 48 of the Special Act of 12 January 1989 relating to Brussels institutions";
2 ° in the Dutch text, the words "hun philosophy" are replaced by the words "zijn door".
S.
81. article 20 of the Act, partially annulled by judgment No. 181/2008 of the Constitutional Court, is supplemented by a paragraph as follows: "for the determination of the years of service referred to in articles 17 and 18, ' is taken into account the duration of the actual services that the staff member has achieved within the General Inspectorate excluding periods of detachment towards or provision in another service. "."
S. 82 in section 22 of the Act, the following amendments are made: 1 ° a paragraph worded as follows is inserted between paragraphs 2 and 3: "the reference cannot be proposed and the removal measure may be adopted only after the staff member has heard its defences by the inspector general on the facts charged.";
2 ° the former paragraph 4, which becomes paragraph (5), is replaced by the following: "The King rule the terms of reference and the remoteness of the staff member.".
CHAPTER XIV. -Amendment of the Act of August 30, 2013 bearing the rail Code art. 83. in article 93, § 1, of the Act of August 30, 2013, with the rail Code, the following changes are made: 1 ° a paragraph worded as follows is inserted between paragraphs 1 and 2: "railway infrastructure manager is also required to inform immediately, via the call number 101/112, policing of all accidents and serious accidents.";
2 ° in paragraph 3, the words "referred to in paragraphs 1 and 2" shall be replaced by the words "referred to in paragraphs 1 and 3".
CHAPTER XV. -Amendment of the Act of March 18, 2014 the police information management and amending the law of 5 August 1992 on the function of police, Act of 8 December 1992 relative to the protection of privacy with respect to the processing of personal data and the Code of criminal procedure art. 84. in section 57 of the Act of March 18, 2014 police and amending information management the Act of 5 August 1992 on the police function, the law of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data and the Code of criminal procedure, the following changes are made : 1 ° in the paragraph 1, the words 'two years' shall be replaced by the words "three years";
2 ° in paragraph 2, the words "three years" shall be replaced by the words "four years".
CHAPTER XVI.
-Amendments to the organic law of 18 July 1991 of the service control of police and intelligence and the coordinating body for the analysis of the threat article 85. in articles 5, paragraph 1, 6 °, 28, paragraph 3, 5 °, amended by the law of April 1, 1999, and 29, paragraph 1, 6 °, of the organic law of 18 July 1991 the service control of police and intelligence and the coordinating body for threat analysis, "licencié en droit" shall each time be replaced by the words "master of law".
CHAPTER XVII. -Amendments

of the law of 11 December 1998 on the establishment of a body of appeal for clearances, certificates and notices of security section 86A article 5, § 3, of the law of 11 December 1998 on the establishment of an appeals body for clearances, certificates and security advisories, amended by the law of 3 May 2005, the following changes are made: 1 ° in the paragraph 1, the words "or because they fall within the secret information or investigation ongoing," shall be inserted between the words "for any of the grounds referred to in § 2 ", paragraph 4," and the words "and that they will be consulted".
2 ° the paragraph 1 is supplemented by the following sentence: "If these secrets are information or investigation pending, the appeal body confers prior to this issue with the competent magistrate.".
S. 87. at article 9 of the Act, as amended by the Act of 3 May 2005, the following changes are made: 1 ° in paragraph 3, the words ", the secret information or ongoing investigation" are inserted between the words "for the protection of sources" and the words "or the protection of the privacy of third parties";
2 ° paragraph 3 is supplemented by the following sentence: "If these secrets are information or investigation pending, the appeal body confers prior to this issue with the competent magistrate.".
CHAPTER XVIII. -Amendment of the law of 21 March 2007 governing the installation and use of surveillance cameras s. 88. in article 9, paragraph 4, of the Act of 21 March 2007 setting the installation and the use of surveillance cameras, inserted by the law of August 3, 2012, the sentence "the terms and conditions of free access to the images by the police shall be determined by royal decree deliberated in the Council of Ministers, following the opinion of the Committee on the protection of privacy" is replaced by the phrases "following the opinion of the Commission for the protection privacy, the King sets, by royal decree deliberated in the Council of Ministers, that there are to be understood for the purposes of this article, by 'access in real time', 'free access', 'free access' and 'network of public transit companies', and it determines the basic principles relating to responsibility, installation, security, accessibility and the mutual exchange of information. The technical and practical modalities of free access to images, transfer and securing shall be determined in a memorandum of understanding between the police service and the public company of transit concerned.
CHAPTER XIX. -Amendment of the law of April 4, 2014 amending article 41 of the Act on the police of 5 August 1992 function to ensure the identification of police officers and police officers while improving the protection of their lives private art. 89. article 3 of the law of April 4, 2014, amending article 41 of the Act on the police of 5 August 1992 function to ensure the identification of police officers and police officers while improving the protection of their privacy is repealed.
TITLE III. -Provisions various arts. 90 articles IV. I.60 and VII. II.50 PJPol are confirmed with effect from the date of their entry into respective force.
S. 91. the law of April 4, 2014, amending article 41 of the Act on the service of police on August 5, 1992, to ensure the identification of police officers and police officers all in improving the protection of their privacy, become effective the same day as this Act.
TITLE IV. -Transitional provisions and final arts. 92 § 1. The wizards for the protection of the security of the State, responsible for the execution of the tasks of protection of persons and on active service in the foreign services of the security of the State are transferred with maintenance of their rank, to a special category of staff within the federal police.
From the date of their transfer to the personnel within the federal police special category, the former assistants of protection with the security of the State are subject to the laws and regulations applicable to members of personnel of the police, with the exception of the mobility referred to in article 128 of the Act of 7 December 1998 organizing a police service integrated structured on two levels, for reinstatement referred to in article 86bis of the law of 26 April 2002 on the essential elements of the status of the staff of the police and on various other provisions relating to policing and following material for which they remain subject to the laws and regulations which were applicable in their capacity as assistant to protection within the security of the State , prior to their transfer to the federal police: 1 ° the salary scales which they enjoyed in the foreign services of the security of the State;
2 ° allowances, bonuses and allowances determined by the King;
3 ° legislation on wage scale career, including seniority;
4 ° the statutory benefits which they enjoyed in the foreign services of the security of the State determined by the King.
The King determines the conditions to meet after their transfer, in order to participate in recruitment competitions for inspectors to the State security protection assistants.
For the application of the laws and regulations applicable to members of personnel of the police, the old assistants of protection with the security of the State are considered to be members of the staff of the basic framework of the General Directorate of administrative police of the federal police.
Once they succeeded the required training, organized in the five years after the entry into force of this Act, they are integrated into the operational framework of the federal police at the rank of Inspector of police and are subject of right to all the provisions that determine the status or the legal position of the members of the staff of the police.
The fixed King, by order deliberate in Council of Ministers, the other terms and conditions of the transfer to the special category of staff within the federal police as well as the transfer, subject to the successful completion of required training, towards the operational framework for the federal police.
§ 2. Since their transfer to the special category of staff within the federal police, the following articles of the law on the police function shall apply to protection assistants:-article 14;
-article 26, paragraphs 1 and 3;
-article 28 § 1;
-article 29, paragraphs 1, 3 and 4;
-articles 30 to 37bis;
-article 38, paragraph 1, 1 ° to 3 °, 2 and 3;
-articles 41 and 42;
-article 44/1, §§ 3 and 4;
-article 11-44-1.
§ 3. Articles 47 to 53 of the Act on the police function relating to liability, legal assistance and damage to property are applicable to transferred protection assistants.
S. 93. a memorandum of understanding concluded between the Interior Ministers and Justice in their attributions determines the concrete transfer to the General Directorate of administrative police of the federal police, equipment, weapons and means of transport of the security of the State, which are assigned for the performance of the tasks of protection of persons.
S.
94. the King determines by order deliberated in Council of Ministers the date of entry into force of articles 5, 8, 17 to 23 and articles 92 and 93.
Section 67 has effect 1 April 2015.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels April 21, 2016.
PHILIPPE by the King: the Deputy Prime Minister and Minister of security and the Interior, J. ham the Minister of Justice, K. GARG. the Minister of defence, responsible for the public service, S. van WYK the Minister of mobility, responsible for Belgocontrol and the national company of the Belgian railways, F. BELLOT sealed with the seal of the State : The Minister of Justice, K. GARG _ Note (1) House of representatives (www.lachambre.be): Documents: 54-1644-2015/2016.
Full record: 3 March 2016.