Miscellaneous Provisions Inside Act. -Integrated Police (1)

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

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belgiquelex.be - Carrefour Bank of Legislation

21 AVRIL 2016. - Law on various interior provisions. - Integrated police (1)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
PART Ier. - General provision
Article 1er. This Act regulates a matter referred to in Article 74 of the Constitution.
PART II. - Amendments and abrogations
CHAPTER Ier. - Amendment of the Act of 24 May 1888 regulating the situation of the firearms test bench established in Liège
Art. 2. Article 11 of the Act of 24 May 1888 regulating the situation of the firearms test bench established in Liège, as amended by the Act of 10 August 1923, is supplemented by a paragraph written as follows:
"Ammunitions used by police services do not fall under the application of Article 10. "
CHAPTER II. - Amendments to the Police Function Act
Art. 3. In section 5, paragraph 2, of the Police Service Act, as amended by the Act of 7 December 1998, the words ", from the Auditor General to the Military Court" and the words ", military auditors" are repealed.
Art. 4. In section 5/6 of the Act, as amended by the Act of 7 December 1998, the words "or military auditor" are repealed.
Art. 5. In chapter II, section 6, of the Act, an article 13bis is inserted as follows:
"Art. 13bis. The judicial authorities, public officials and public service officials shall provide the Minister of the Interior with all relevant information in their possession relating to the protection of the life or physical integrity of persons to be protected, in accordance with the rules determined by their responsible authorities.
The Minister of the Interior shall transmit to the General Directorate of the Federal Police Administrative Police all information necessary for the execution of the protection missions entrusted to him. ".
Art. 6. In section 22 of the Act, as amended by the Act of 7 December 1998, the following amendments are made:
1° in paragraph 2, the words "They are responsible for dispersing" are replaced by the words "On the decision of the administrative police authority or on the initiative of the police officer responsible for the operational direction of the order service in accordance with Articles 7/1, 7/2 or 7/3, they disperse";
2° in paragraph 3, the word "federal" is repealed.
Art. 7. In section 23 of the Act, amended by the Act of 7 December 1998 and the Act of 2 April 2001, the following amendments are made:
1° in paragraph 2, paragraph 1er, the words ", of the military auditor," are repealed;
2° in paragraph 4, paragraph 2, the words "of the administration of penitentiary institutions" are replaced by the words "of the Director General of penitentiary institutions or his delegate";
3° in the Dutch text of paragraph 5, the words "het Bestuur der strafinrichtingen" are replaced by the words "inrichtingian penitentiary".
Art. 8. Section 30 of the Act, as amended by the Act of 7 December 1998, is replaced by the following:
"Art. 30. § 1er. Police officers may, in places that are legally accessible to them, exempt from the free disposition of the owner, owner or owner objects or animals that pose a danger to the life or physical integrity of persons or the security of property, as long as the needs of public security or public tranquillity require.
This administrative seizure is carried out in accordance with the instructions and responsibility of an administrative police officer.
§ 2. Objects seized by administrative measure shall be made available to the holder, owner or owner for a period of up to six months, unless the imperative requirements of public security justify their immediate destruction.
This destruction is decided by the competent administrative police authority.
§ 3. The King may regulate the manner in which the seized objects are retained, returned or destroyed. ".
Art. 9. In article 33ter, paragraph 3, of the same law, inserted by the law of 25 April 2007, the words "registered persons detained" are replaced by the words "registration of deprivations of liberty".
Art. 10. In Article 34, § 1erParagraph 1er, in the same law, the words "an offence" are replaced by the words "an act punishable by administrative or criminal punishment".
Art. 11. In section 35 of the Act, as amended by the Act of 7 December 1998, paragraph 2 is replaced by the following:
"They cannot submit or allow these persons to submit, without their consent, questions or views of journalists or other foreigners to their case."
Art. 12. In Article 41, § 1er, of the same Act, replaced by the Act of 4 April 2014, paragraph 7 is replaced by the following:
"The intervention number referred to in paragraph 3 consists of five digits derived from the identification number of the police officer or police officer."
Art. 13. In article 44/11/9, § 1er, 4°, of the same law, inserted by the law of 18 March 2014, the words "and the administration surveillance, control and observation" are inserted between the words "investigation and research services" and the words "of the General Administration of Customs and Access".
Art. 14. Article 44/11/12, § 2, of the same law, inserted by the law of March 18, 2014, is supplemented by the following text:
"(g) the assessment of the reliability, environment and background of staff members referred to in (b). ".
Art. 15. Section 44/13 of the Act, inserted by the Law of 1er April 2006, is replaced by the following:
"Art. 44/13. As part of the assistance referred to in section 44/12, police officers:
1° perform, on order and under the responsibility of an administrative or judicial police officer, searches of buildings and means of transport referred to in section 27 and security and judicial searches referred to in section 28;
2° ensure, on order and under the responsibility of an administrative or judicial police officer, the supervision of persons deprived of their liberty in execution of articles 15, 1 and 2°, 31 and 34. ".
Art. 16. In section 52 of the Act, amended by the Act of 7 December 1998, the Act of 15 May 2007, the Act of 29 December 2010 and the Act of 21 December 2013, the following amendments are made:
1° Paragraph 3 is supplemented by two subparagraphs as follows:
"No legal assistance is granted to the staff member who initiates an action against the State, the commune or the multi-communal area.
Legal assistance may be denied to the staff member who initiates an action against another staff member. ";
2° in paragraph 4, paragraph 1er, the words " § 3, paragraphs 2 and 3" are replaced by the words " § 3, paragraphs 2, 3 and 5".
CHAPTER III. - Amendments to the Organic Law of 30 November 1998
Security and Intelligence Services
Art. 17. Section 3 of the Organic Law of November 30, 1998 of the Intelligence and Security Services, amended by the Act of February 4, 2010 and the Act of December 6, 2015, is repealed.
Art. 18. In Article 5, § 2, paragraph 1er, of the same law, the words "at Article 7" are replaced by the words "at Article 7, 1°".
Art. 19. In Article 6, § 3, of the same law, the 1°, 3°, 4°, 5° and 6° are repealed.
Art. 20. Section 7 of the Act, as amended by the Act of 6 December 2015, is repealed.
Art. 21. In section 8 of the Act, the 5th is repealed.
Art. 22. Sections 22 to 35 of the Act are repealed.
Art. 23. 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, two-tiered police service
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 30 December 2009, the words "until 1er January 2011" are replaced by the words "until 1er January 2018".
Art. 25. In article 21ter, paragraph 2, of the same law, inserted by the law of 2 April 2001, the word "relatives" is replaced by the word "relative".
Art. 26. In section 41, paragraph 3, of the same law, inserted by the law of 27 December 2004, the words "in section 61 or in sections 96bis or 105bis" are replaced by the words "in sections 61 or 104bis".
Art. 27. In section 68, paragraph 2, of the same law, the word "sense" is replaced by the word "censed".
Art. 28. In article 69 of the same law, the word "to" is inserted between the words "of the order," and the words "the communal authority".
Art. 29. In title II of the Act, a chapter VIII of sections 91/11 to 91/15 is inserted, which reads as follows:
"Chapter VIII. - Modification of the delimitation of police zones
Art. 91/11. The amendment referred to in section 9, paragraph 3, shall give rise to the simultaneous institution of several new police zones following the split of one or more old multi-communal police zones. This amendment must have an operational or organizational surplus.
Art. 91/12. The communal councils of the municipalities that are part of the old police zones concerned by the modification of the delimitation of the police zones introduce a joint motivated request to this effect to the Ministers of the Interior and Justice.
They shall attach to this request the elements referred to in Article 257quinquies/12.
On the proposal of the Ministers of the Interior and Justice, the King defines the territorial jurisdiction of the new police zones.
Art. 91/13. Sections 91/3, 91/4 and 91/6 to 91/9 apply to the new multi-communal police zone(s) resulting from the change in the delimitation of police zones.
Art. 91/14. In the event of a change in the delimitation of the old police zones of the administrative district of Brussels-Capital, the police council of the new police zone, which follows, includes a number of members of the Dutch linguistic group who is equal to the highest number of advisers respectively assigned by Article 22bis, § 1erin the old police areas including one of the municipalities of the new police zone.
Art. 91/15. The federal grant allocated to the former police area(s) is distributed among new police areas resulting from the change in the delimitation of police areas prorated to the salary costs of the operational staff and the administrative and logistical framework of the former police area(s) that are transferred to each new police area.
The salary cost is defined by the remuneration awarded to staff of the operational framework and the administrative and logistical framework of the former police area(s) in the month prior to the month before the introduction of the application referred to in section 91/12. ".
Art. 30. Section 94 of the Act, amended by the Act of 20 June 2006 and the Act of 19 July 2012, is replaced by the following:
"Art. 94. Deconcentrated directions and services of the federal police referred to in Article 93, § 2, paragraph 1er, 1° to 3°, is that of the judicial districts and the seat of these branches and services is within the jurisdiction of the respective judicial districts, except for the judicial district of Brussels and with the exception justified by particular situations. In this case, the King sets out by order deliberately in the Council of Ministers the spring and seat of the deconcentrated branches and services to take into account the judicial district of Brussels and these particularities. ".
Art. 31. Section 96bis of the Act, inserted by the Act of 26 April 2002, is repealed.
Art. 32. Section 97 of the Act is supplemented by a paragraph written as follows:
"Without prejudice to the competence of the minister or the secretary of state who has the North Sea in his duties, the federal police are placed, for the execution of his administrative police missions in the Belgian territorial sea, the exclusive economic zone and on the continental shelf, under the authority of the governor of the West Flanders province. ".
Art. 33. Section 101, paragraph 2, of the Act, replaced by the Act of 26 March 2014, is supplemented by the 6th drafted as follows:
"6° the execution of the protection missions of the persons entrusted to him by the Minister of the Interior or his delegate."
Art. 34. In section 106, paragraph 2, of the Act, the words "deconcentrated judicial services" are replaced by the words "disconcerned judicial authorities".
Art. 35. In Article 115, § 7, 2°, of the same law, the words "Ministry of the Interior" are replaced by the words "Federal Public Service Interior".
Art. 36. Section 118 of the Act, amended by the Act of 16 July 2005, the Act of 28 December 2006 and the Act of 31 July 2013, is supplemented by a paragraph that reads as follows:
"The King determines the terms and conditions for the commitment to a fixed-term employment contract of a staff member for a statutory employment of the administrative and logistical framework. ".
Art. 37. Article 138, § 1erParagraph 1er, of the same law, replaced by the law of 28 December 2006, is supplemented by the 5° and 6° written as follows:
"5° in accordance with the terms and conditions established by the King, the police officers of the basic framework who are appointed to a job within a local police investigation and search service or to a job within the general direction of the federal police judicial police;
6° at their request and in accordance with the terms fixed by the King, police inspectors with 6 years of seniority. ".
Art. 38. In section 141, paragraph 2, of the same law, the words "and arms" are replaced by the words ", weapons and ammunition".
Art. 39. In Title VIII of the Act, a chapter VI containing articles 257quinquies/11 to 257quinquies/16 is inserted, as follows:
"Chapter VI. - The modalities and consequences of changing the delimitation of police zones
Art. 257quinquies/11. The new multi-communal police zone(s) that results from the change in the delimitation of police zones shall apply to:
- section 257quinquies/1 within the limit of the nominative list referred to in section 257quinquies/12;
Articles 257quinquies/2 to 6;
- section 257quinquies/7 within the limits of the inventory referred to in section 257quinquies/12;
- Article 257quinquies/9, § 1er, being understood that the end-of-management account of the old police zone is accompanied by the balance sheet.
Art. 257quinquies/12. The communal councils referred to in section 91/12 shall, on the advice of the heads of bodies of the old police zones, adopt the following acts:
- the nominative list of staff who are transferred to each of the new police areas: the nominative list is stopped to ensure the satisfaction of the equivalent minimum service provided for in Article 3 in each new police area;
- the inventory of movable property transferred to each new police area;
- rules relating to the resumption of litigation proceedings.
Art. 257quinquies/13. § 1er. Real property, properties of the old police area are transferred to the new police area on the territory of which they are located. The new area of police reclaims the rights, obligations and charges relating to immovable property transferred to them.
§ 2. The amount of the correction mechanism in which the old police area was indebted or benefited under the correction mechanism referred to in section 248quater is distributed among new police areas up to the strength of the old police area that is transferred to each of them.
§ 3. The new police area takes over the rights, obligations and charges resulting from the leases contracted by the old police area for the use of the local police for real property located in the territory of the new police zone.
Art. 257quinquies/14. § 1er. The end-of-management account(s) and the assessment of the former police area(s) affected by the change in the delimitation of police areas are established on the last day of the quarter preceding the date of institution of the local police within the new police areas.
§ 2. The new police zones reclaim the assets and liabilities of the (of) old police zone(s) to which (in which) they succeed in competition from the strength of the (of) old police zone(s) that is transferred to each new police zone.
§ 3. The end-of-management account(s) and the assessment of the former police area(s) concerned by the modification of the delimitation of police areas are subject to the approval of the police councils or the police council and the municipal council of new police zones.
Art. 257quinquies/15. Without prejudice to section 257quinquies/4, any procedure relating to public contracts of work, supplies and services passed for the benefit of the old police zone shall be pursued, from the date of institution of the local police within the new police zone and within the limits of the work, supplies or services it benefits, by the new police zone.
Paragraph 1er also applies for the performance of public contracts awarded before the same date.
Art. 257quinquies/16. Prerequisitely to the institution of the local police within the new police zone and the agreement of the other municipalities of the former police zone concerned, a convention can be concluded between the municipalities that will be part of the new police zone to define the modalities of operation as a single operational entity. ".
CHAPTER V. - Amendment of the Act of 11 December 1998 on classification and authorizations, certificates and security notices
Art. 40. In section 22 of the Act of 11 December 1998 on classification and authorizations, certificates and security notices, the following amendments are made:
1° in paragraph 5, the words ", in secret of an information or judicial instruction in progress" are inserted between the words "to the protection of sources" and the words "or to the protection of the privacy of third parties";
2° Paragraph 5 is supplemented by the following sentence:
"If these secrets relate to current information or judicial instruction, the security authority shall first consult with the competent magistrate."
CHAPTER VI. - Amendments to the Act of 24 March 1999 organizing relations between public authorities and trade union organizations of police personnel
Art. 41. In section 28 of the Act of 24 March 1999 organizing relations between public authorities and trade union organizations of police personnel, the word "siliary" is replaced by the word "agents".
Art. 42. In section 29 of the Act, the following amendments are made:
(a) in paragraph 1er, 1°, the word "aliliaries" is replaced by the word "agents";
(b) in paragraph 3, the word "departments" is replaced by the words "federal public services".
CHAPTER VII. - Amendments to the Act of 13 May 1999
disciplinary status of police personnel
Art. 43. In section 2 of the Act of 13 May 1999 relating to the disciplinary status of police personnel, the words "and general inspection, respectively referred to in sections 116 and 143 of the Act of 7 December 1998 organizing an integrated, two-tiered police service" are replaced by the words "in accordance with section 116 of the Act of 7 December 1998 organizing an integrated police service, structured at two levels, and the general inspection of the law
Art. 44. In section 19 of the Act, amended by the Act of 30 December 2001 and the Act of 27 December 2004, the following amendments are made:
- at 1°, a), and 2°, a), the word "subsidiary" is each time replaced by the words "police officers";
- at 1°, (a) and (b), 2°, (a) and (b), and 3°, (a) and (b), the words "level 1" are each replaced by the words "level A".
Art. 45. In section 20 of the Act, amended by the Act of 30 December 2001 and the Act of 27 December 2004, the following amendments are made:
- at 1°, a), and 2°, a), the word "subsidiary" is each time replaced by the words "police officers";
- at 2°, (a) and (b), the words "level 1" are replaced by the words "level A".
Art. 46. In section 21 of the Act, the words "With the exception of the liaison officers referred to in section 105, paragraph 4, of the Act of 7 December 1998 organizing an integrated, two-tiered police service" are replaced by the words "For the acts committed during the detachment".
Art. 47. In article 24, paragraph 1er, 3°, of the same law, as amended by the law of 31 May 2001, the words "Article 44/4" are replaced by the words "Article 44/7".
Art. 48. In article 26, paragraph 2, 2°, of the same law, the words "or the competent authority of the Brussels agglomeration under section 48 of the special law of January 12, 1989 on Brussels institutions" are inserted between the words "the governor of the province" and the words "and the village".
Art. 49. In section 31 of the Act, the following amendments are made:
1° the words "in article 44/4" are replaced by the words "in article 44/7";
2° the words "in article 44/7" are replaced by the words "in article 44/6".
Art. 50. In section 40 of the Act, replaced by the Act of 31 May 2001, a paragraph is inserted between paragraphs 1er and 2:
"At least one person of each sex must be represented in each room. ".
Art. 51. In section 60, paragraph 3, of the Act, amended by the Act of 20 June 2006, the words "in section 44/4" are replaced by the words "in section 44/7".
CHAPTER VIII. - Amendment of the Act of 30 March 2001 on the pension of police personnel and their beneficiaries
Art. 52. In section 4 of the Act of 30 March 2001 on the pension of police personnel and their entitled persons, the words "adjunct officer" are replaced by the word "agent".
CHAPTER IX. - Amendments to the Royal Decree of 30 March 2001 bearing the legal position of police personnel ("PJPol")
Art. 53. In the PJPol, the following divisions and articles, confirmed by the Act of 26 April 2002, are repealed:
- Article I.I.1er1° to 5°, 7° to 10°, 11° to 13°, 15° and 25°;
- Article II.I.11;
- Articles II.II.1er and II.II.2;
- Article II.III.2;
- Part III, title III, including Articles III.III.1er and III.2;
- Part III, Part III, Part V, including Articles III.V.1er and III.V.2;
- sub-section 2 of section 2 of chapter Ier Title Ier Part IV, including Articles IV.I.4 to IV.I.6;
Articles IV.I.7 to IV.I.11;
- Article IV.I.15, paragraph 2;
- Article IV.I.35;
- sub-section 2 of chapter II, section 2 of title Ier Part IV, including Articles IV.I.41 to IV.I.43;
Articles IV.I.44 to IV.I.46;
- Article IV.I.49, paragraph 1er;
- Article VII.II.1er§ 2;
- Article VII.II.2;
- Article VII.II.5;
- Section 1re Chapter III of Part VII title II, including Article VII.II.6;
- sub-section 1 of chapter III, section 2 of Part VII, title II, including section VII.II.7;
- Sub-section 2 of Chapter III, Chapter III, Part VII, Part VII, including Article VII.II.8;
- Article VII.II.11, paragraph 2;
- Article VII.II.12, paragraph 2;
- Article VII.IV.7, paragraph 1er;
- sub-section 1 of chapter III, section 2, of Part VII title IV, including Article VII.IV.8;
- sub-section 2 of chapter III, section 2, of Part VII title IV, 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 1er and 3;
Articles IX.I.3 and IX.I.4;
- Article IX.I.6, paragraph 4;
- Article IX.I.7, paragraph 1eramended by the Royal Decree of 20 December 2007;
- Article IX.I.8;
- Article IX.I.10;
- Article IX.I.12;
- Article XI.II.1erParagraph 1er;
- Article XI.II.2;
- Article XI.II.16, paragraph 2;
- Article XI.II.24, as amended by the Royal Decree of 24 October 2003;
- Articles XI.II.25 to XI.II.28.
Art. 54. In Article XII.VII.6 PJPol, confirmed by the law of 30 December 2001, the words "Article IX.I.7" are replaced by the words "Article 83 of the Act of 26 April 2002".
Art. 55. In Article XII.VII.17, paragraph 1erPJPol, confirmed by the law of 30 December 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 26 April 2002".
Art. 56. In Article XII.VII.18, § 1erPJPol, confirmed by the law of 30 December 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 26 April 2002".
Art. 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 1er, 6°, of the law of 26 April 2002".
CHAPTER X. - Amendments to the Act of 26 April 2002 on the essential elements of the status of police personnel and 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 police personnel and other provisions relating to police services, as amended by the Act of 1er March 2007, the following amendments are made:
(a) in 6°, the words "adjunct agent" are replaced by the word "agent" and the words "adjunct agents" are replaced by the words "agents";
(b) in the 11th, the words "and 56 of the law and 27" are replaced by the words ", 56 and 108bis of the law".
Art. 59. The title of Chapter II of Title II of the Act, replaced by the Act of 3 July 2005, is replaced by the following:
"Chapter II. - Grades, titles and qualifications."
Art. 60. In article 3, paragraph 1er, 4°, of the same law, the word "subsidiaries" is replaced by the word "agents" and the words "subsidiary agent" are replaced each time by the word "agent".
Art. 61. In section 4 of the same law, the word "subsidiaries" is replaced by the word "agents".
Art. 62. In title II, chapter II, of the same law, a section 3, comprising section 11bis, is inserted as follows:
"Section 3. - Qualification
Art. 11bis. The rank of the staff member with thirteen years of grade seniority is preceded by the qualification of "first".
The King shall determine the terms and conditions of the transitional regulation in this matter. ".
Art. 63. In section 12 of the Act, amended by the Act of July 3, 2005 and the Act of December 21, 2013, the following amendments are made:
(a) in paragraph 1er, the words "adjunct agent" are replaced by the word "agent";
(b) in paragraph 1er, the 3° is replaced by the following:
"3° to be irreproachable driving and not to present risk factors that constitute an obstacle to police engagement; ";
(c) Paragraph 2 is replaced by the following:
"The conditions referred to in paragraph 1er, 3°, derive :
(a) a certified true copy of the complete judicial record dating less than three months to the date of the application;
(b) a background and background survey, including an interview with the candidate at the home and at the place of the candidate's possible residence, conducted by the local police force;
(c) all available information transmitted by the intelligence and security services and by the Coordinating Body for Threat Analysis;
(d) all available information on municipal administrative sanctions imposed for a mixed offence;
(e) judicial data, provided by the police, by authorization of the competent judicial authorities;
(f) other validated data and information available to police services. ".
Art. 64. In section 19 of the Act, the 3rd is replaced by the following:
"3° to be irreproachable driving and not to present risk factors that constitute an obstacle to police engagement; ".
Art. 65. In section 21 of the Act, paragraph 2, as amended by the Act of December 21, 2013, is replaced by the following:
"The conditions referred to in Article 19, 3°, arise:
(a) a certified true copy of the complete judicial record dating less than three months to the date of the application;
(b) a background and background survey, including an interview with the candidate at the home and at the place of the candidate's possible residence, conducted by the local police force;
(c) all available information transmitted by the intelligence and security services and by the Coordinating Body for Threat Analysis;
(d) all available information on municipal administrative sanctions imposed for a mixed offence;
(e) judicial data, provided by the police, by authorization of the competent judicial authorities;
(f) other validated data and information available to police services. ".
Art. 66. In section 25 of the Act, the words "the director of the service he designates" are replaced by the words "the member of the staff who directs the direction or service he designates".
Art. 67. Section 26 of the Act, as amended by the Act of 21 December 2013, is supplemented by a paragraph written as follows:
"A staff member who has been engaged in a labour contract and who no longer has a job referred to in paragraph 1er, 1°, may, by decision of the appointing authority, remain in service under the terms of a contract of employment.".
Art. 68. In section 33 of the Act, as amended by the Act of May 15, 2007, the words "of superior officer or appointed to a higher officer's term" are replaced by the words "of divisional police commissioner or designated to a term referred to in section 66, paragraph 1er".
Art. 69. In section 40 of the Act, the following amendments are made:
1° the words "advice agent" are replaced by the word "agent";
2° the words "the Director of Service designated by the Minister" are replaced by the words "the staff member who directs the direction or service that the Minister designates".
Art. 70. In sections 41, as amended by the Act of July 3, 2005, 45, 46 and 47 of the Act, the words "the Director of Service designated by the Minister" are replaced by the words "the staff member who directs the direction or service that the Minister designates".
Art. 71. In section 92 of the Act, the words "at the agent" are replaced by the words "at the staff member".
Art. 72. In Article 93, § 1erParagraph 1er, from the same law, the words "agent" are replaced by the words "staff member".
Art. 73. In section 95 of the Act, the word "departments" is replaced by the words "federal public services".
Art. 74. In the same law, a chapter XIIbis, comprising section 96bis, is inserted as follows:
"Chapter XIIbis. - Intervention by the State, the commune or the multi-communal zone in certain cases of refusal of intervention by insurance companies
Art. 96bis. § 1er. To staff members who, as a result of a death or injury incurred on the occasion of a foreign service mission, are faced with an exclusion by their insurance company resulting in the non-payment of the capital or annuity set out in the guarantees provided for in their life insurance or accident insurance contract, or to their eligible persons, is awarded an insurance clause that is equal to
This allowance is payable:
1° provided that the staff member has taken all necessary measures to inform his insurance company in order to maintain the coverage of the risk provided for in the contract, possibly with the payment of a overcharge;
2° provided that the insurance contract concerned already existed before the foreign service mission and was not concluded for this service mission.
§ 2. The State, municipality or multi-communal area is subrogated in the rights and actions of the staff member concerned to the amount paid, both to the insurance company and to any third party responsible.
§ 3. If, as part of the information procedure, it should be noted that the coverage of the risks provided for in the insurance contract can be maintained, with the payment of an overprime, the overprime due to the risk incurred due to the foreign service mission is the responsibility of the State, the municipality or the pluricommunal area. ".
CHAPTER XI. - Amendments to the Act of 6 May 2002 establishing the Integrated Police Pension Fund and providing special social security provisions
Art. 75. In the title of the Act of 6 May 2002 establishing the Integrated Police Pension Fund and providing special social security provisions, the words "to establish the Integrated Police Pension Fund" are replaced by the words "relative to the Federal Police Pension Fund".
Art. 76. The title of Chapter II of the Act is replaced by the following:
"Chapter II. - Federal Police Pension Fund."
Art. 77. In Article 2, 2°, the words "integrated police" are replaced by the words "federal police".
CHAPTER XII. - Amendment of the Programme Law of 2 August 2002
Art. 78. In section 159 of the programme law of 2 August 2002, the words "adjunct agent" are replaced by the word "agent".
CHAPTER XIII. - Amendments to the Act of 15 May 2007 on the General Inspectorate and providing various provisions relating to the status of certain members of the police services
Art. 79. In section 2 of the General Inspectorate Act of 15 May 2007, which provides for various provisions relating to the status of certain members of the police services, the third is replaced by the following:
"3° "the Director General": the Director General of the General Management of Resources and Information referred to in Article 93, § 1er2°, of the law of 7 December 1998 organizing an integrated police service, structured at two levels;".
Art. 80. In Article 6, paragraph 1erthe following amendments are made to the Act:
1° the words "of the Administrative Arrondation of Brussels-Capital" are replaced by the words "of the competent authority of the Brussels agglomeration under Article 48 of the special law of 12 January 1989 on Brussels institutions";
2° in the Dutch text, the words "hun bevoegdheden" are replaced by the words "zijn bevoegdheden".
Art. 81. Section 20 of the Act, partially annulled by Constitutional Court Decision No. 181/2008, is supplemented by a paragraph written as follows:
"For the determination of the years of service activity referred to in sections 17 and 18, consideration shall be given to the duration of the actual service that the staff member has performed in the General Inspectorate, excluding the periods of detachment to or made available in another service. ".
Art. 82. In section 22 of the Act, the following amendments are made:
1° a paragraph is inserted between paragraphs 2 and 3:
"The removal cannot be proposed and the removal measure can only be adopted after the staff member has been heard in his defence by the Inspector General on all of the facts charged to him. ";
2° old paragraph 4, which becomes paragraph 5, is replaced by the following:
"The King rules the terms and conditions for the removal and removal of the staff member."
CHAPTER XIV. - Amendment of the Act of 30 August 2013 concerning the Railway Code
Art. 83. In Article 93, § 1erthe following amendments are made to the Railway Code Act of 30 August 2013:
1° a paragraph written as follows is inserted between subparagraphs 1er and 2:
"The railway infrastructure manager is also required to immediately inform, via call number 101/112, the police services of all serious accidents and accidents. ";
2° in paragraph 3, the words "see paragraphs 1er and 2" are replaced by the words "see paragraphs 1er and 3".
CHAPTER XV. - Amendment of the Act of March 18, 2014 on the Management of Police Information and amending the Act of August 5, 1992 on the Police Function, the Act of December 8, 1992 on the Protection of Privacy with regard to personal data processing and the Code of Criminal Investigation
Art. 84. In section 57 of the Act of March 18, 2014 on the Management of Police Information and amending the Act of August 5, 1992 on the Police Function, the Act of December 8, 1992 on the Protection of Privacy in respect of personal data processing and the Code of Criminal Investigation, the following amendments are made:
1° in paragraph 1er, the words "two years" are replaced by the words "three years";
2° in paragraph 2, the words "three years" are replaced by the words "four years".
CHAPTER XVI. - Amendments to the Organic Law of 18 July 1991 on the Control of Police and Intelligence Services and the Coordinating Body for Threat Analysis
Art. 85. In articles 5, paragraph 1er, 6°, 28, paragraph 3, 5°, amended by law of 1er April 1999, and 29, paragraph 1er, 6°, of the organic law of 18 July 1991 of the control of the police and intelligence services and of the Coordinating Body for the analysis of the threat, the words "lawyer" are replaced each time by the words "master in law".
CHAPTER XVII. - Amendments to the Act of 11 December 1998 establishing a body of appeal in respect of security clearances, certificates and notices
Art. 86. In Article 5, § 3, of the Act of 11 December 1998 establishing a body of appeal in respect of authorizations, certificates and notices of security, as amended by the Act of 3 May 2005, the following amendments are made:
1° in paragraph 1er, the words "or because they belong to the secret of an information or judicial instruction in progress" are inserted between the words "for one of the reasons referred to in § 2, paragraph 4," and the words "and they cannot be consulted";
2° paragraph 1er is supplemented by the following sentence:
"If these secrets concern information or judicial instruction in progress, the appeal body shall consult with the competent magistrate beforehand."
Art. 87. In section 9 of the Act, as amended by the Act of 3 May 2005, the following amendments are made:
1° in paragraph 3, the words "in secret of an information or judicial instruction in progress" are inserted between the words "to the protection of sources" and the words "or to the protection of the privacy of third parties";
2° Paragraph 3 is supplemented by the following sentence:
"If these secrets concern information or judicial instruction in progress, the appeal body shall consult with the competent magistrate beforehand."
CHAPTER XVIII. - Amendment of the Act of 21 March 2007 regulating the installation and use of surveillance cameras
Art. 88. In article 9, paragraph 4, of the law of March 21, 2007 regulating the installation and use of surveillance cameras, inserted by the law of August 3, 2012, the sentence "The conditions and conditions of free access to images by the police services are determined by royal decree deliberated in the Council of Ministers, after notice of the Commission of the protection of privacy" is replaced by the phrases "After notice of the Commission of the protection of privacy The technical and practical modalities of free access to images, transfer and security are determined in a memorandum of understanding between the police service and the public public transit society concerned.
CHAPTER XIX. - Amendment of the Act of 4 April 2014 amending section 41 of the Police Function Act of 5 August 1992 to ensure the identification of police officers and police officers while improving the protection of their privacy
Art. 89. Section 3 of the Act of 4 April 2014 amending section 41 of the Police Function Act of 5 August 1992 to ensure the identification of police officers and police officers while improving the protection of their privacy is repealed.
PART III. - Miscellaneous provisions
Art. 90. Articles IV.I.60 and VII.II.50 PJPol are confirmed with effect on the date of their respective entry into force.
Art. 91. The Act of 4 April 2014 amending section 41 of the Police Function Act of 5 August 1992, to ensure the identification of police officers and police officers while improving the protection of their privacy, comes into force on the same day as this Act.
PART IV. - Transitional and final provisions
Art. 92. § 1er. The State Security Protection Assistants, responsible for the execution of human protection missions and in service activity in the external services of the State Security are transferred, with their continuing rank, to a special category of personnel within the Federal Police.
From the date of their transfer to the special category of personnel within the federal police, the former protection assistants to the State Security are subject to the laws and regulations applicable to members of the police services, with the exception of the mobility referred to in article 128 of the law of 7 December 1998 organizing an integrated police service, structured at two levels, of the reintegration referred to in article 86bis
1° the scales of treatment they received in the external services of the State Security;
(2) the allowances, allowances and allowances determined by the King;
3° the regulations relating to the baremic career, including the former;
4° the statutory benefits they enjoyed in the external services of the State Security determined by the King.
The King determines the conditions to which protection assistants must respond after their transfer, in order to be able to participate in the recruitment examinations for inspectors at the State Security.
For the purposes of the laws and regulations applicable to police personnel, former protection assistants to the State Security are considered to be members of the staff of the basic framework of the general management of the federal police administrative police.
Once they have successfully completed the required training, organized within five years of the coming into force of this Act, they are incorporated into the operational framework of the Federal Police to the rank of police inspector and are subject to all provisions that determine the status or legal position of police personnel.
The King sets out, by order deliberately in the Council of Ministers, other terms and conditions of transfer to the special category of personnel within the federal police and those of transfer, through the successful completion of the required training, to the operational framework of the federal police.
§ 2. Upon transfer to the special category of personnel within the federal police, the following sections of the Police Service Act are applicable to protection assistants:
- Article 14;
- Article 26, paragraphs 1er and 3;
- Article 28, § 1er;
- Article 29, paragraph 1er3 and 4;
Articles 30 to 37 bis;
- Article 38, paragraph 1er1° to 3°, 2 and 3;
Articles 41 and 42;
- Article 44/1, §§ 3 and 4;
- article 44/11/1.
§ 3. Sections 47 to 53 of the Police Service Act relating to civil liability, legal assistance and damage to property are applicable to protection assistants transferred.
Art. 93. A Memorandum of Understanding between Ministers with the Interior and Justice in their responsibilities determines the concrete transfer to the general direction of the administrative police of the Federal Police, the equipment, the weapons and the means of transport of the State Security, which are assigned to the execution of the protection of persons missions.
Art. 94. The King shall determine by a deliberate order in Council of Ministers the date of entry into force of Articles 5, 8, 17 to 23 and 92 and 93.
Section 67 produces its effects on 1er April 2015.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, April 21, 2016.
PHILIPPE
By the King:
Deputy Prime Minister and
Minister of Security and Interior,
J. JAMBON
Minister of Justice,
K. GEENS
Minister of Defence,
Public Service,
S. VANDEPUT
Le Ministre de la Mobilité, chargé de Belgocontrol et de la Société nationale des Chemins de fer Belgique,
F. BELLOT
Seal of the state seal:
The Minster of Justice,
K. GEENS
____
Note
(1)
House of Representatives
(www.lachambre.be)
Documents: 54-1644 - 2015/2016.
Full report: 3 March 2016.