Act Amending The Act Of 21 February 2003 Creating A Maintenance Within The Fps Finance And The Judicial Code Claims Service, To Ensure The Effective Recovery Of Maintenance Claims (1)

Original Language Title: Loi modifiant la loi du 21 février 2003 créant un Service des créances alimentaires au sein du SPF Finances et le Code judiciaire, en vue d'assurer le recouvrement effectif des créances alimentaires (1)

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014003246&caller=list&article_lang=F&row_id=700&numero=720&pub_date=2014-05-30&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-05-30 Numac: 2014003246 SERVICE PUBLIC FÉDÉRAL FINANCES may 12, 2014. -Act to amend the law of 21 February 2003 creating a Service of maintenance claims within the FPS finance and judicial Code, to ensure the recovery of maintenance claims (1) PHILIPPE, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -Amendments to the law of 21 February 2003 creating a Service of maintenance claims within the SPF finance art. 2. in article 4, § 1, paragraph 1, of the law of 21 February 2003 creating a maintenance claims within the FPS Finance Service, replaced by the law of December 22, 2003, the following changes are made: 1 ° the words "are not greater than the amount referred to in article 1409, § 1, paragraph 1, of the Judicial Code" shall be replaced by the words "do not exceed 1,800 euros (basic amount)";
2 ° paragraph is supplemented by the following sentence: "the amount of the surcharge is doubled for each disabled child the right to increased family allowances or for each child receiving an allowance for children with disabilities.".
S. 3. in article 5 of the same Act, replaced by the Act of 22 December 2003, paragraph 2 is replaced by the following: "the amount of this contribution is fixed as follows: responsibility of the maintenance debtor: 13% of the amount of money to collect or recover principal.".
S. 4. in article 7, § 2, of the Act, replaced by the Act of 22 December 2003, 1 paragraph is replaced by the following: "If the maintenance creditor requests the grant of advances: 1 ° he mentioned in his application the amount of his monthly income and there joined the material evidence of the three months preceding the application;"
2 ° it attached to its application, where appropriate, material evidence attesting that he has a child eligible for family allowances increased or benefiting an allowance for children with disabilities;
3 ° it attached to its application, for each child, proof of education or any physical evidence confirming that the child is in employability internship. "."
S. 5. in article 10 of the same Act, replaced by the law of December 22, 2003, the following changes are made: 1 ° paragraph 1 is supplemented by a paragraph worded as follows: "If the maintenance debtor has no place of residence in Belgium or abroad, the notification is addressed to the Prosecutor of Brussels.";
2 °, paragraph 2 is replaced by the following: "§ § 2 2" If applicable, this notification is a formal notice for the sums that it means and puts the interests of delay, which are due from the day following the deposit of the notification to the position.
Finance charges are calculated on the basis of the legal rate of interest in civil matters. Without prejudice to the interruption of the prescription in the manner and under the conditions stipulated in articles 2244 and following of the civil Code, the prescription will be interrupted by this notification. The interruption of the prescription comes at the time of the filing of the notification in the mail. The interruption of the subsequent requirements will address notification to the debtor of food by registered letter. This letter contains the information mentioned in the § 1, paragraph 2 "."
S. 6. in article 13 of the same Act, 'section 94 of the laws on the State accounting, coordinated on July 17, 1991' shall be replaced by the words "article 3 of the national law of December 22, 1949".
S.
7. in article 16 of the same Act, paragraph 2 is replaced by the following: "§ § 2 2" For the perception and the recovery of alimony, the Service of maintenance claims has same rights, actions and guarantees the maintenance creditor. "."
S. 8. in article 18 of the Act, the following amendments are made: 1 ° 'article 94 of the laws on the State accounting, coordinated on July 17, 1991' shall be replaced by the words "article 3 of the national law of December 22, 1949";
2 ° article is supplemented by a paragraph worded as follows: "in addition, the Service of maintenance claims can recover Office sums paid unduly to the maintenance creditor:-up to 10% of any subsequent payments that will be made in favour of the maintenance creditor;"
-up to 100% of any subsequent payments that will be made in favour of the maintenance creditor if the amounts paid unduly obtained following a statement or fraud of the maintenance creditor. "."
CHAPTER 3.
-Amendments to the judicial code Section 1st. -Create a central file of judgments, judgments and acts providing spousal support articles 9. in the Judicial Code, part five, title first, it is inserted a chapter Ierquater, containing articles 1394/1-1394/19 and read as follows: "chapter Ierquater. -Central file of judgments, judgments and acts providing spousal support articles 1394/1. There is hereby established within the SPF Justice a register called "central file of judgments, judgments and acts allocating alimony".
Central index of judgments, judgments and acts allocating alimony is the computerized database that centralizes all judgments, judgments and acts on the terms for the granting of spousal support granted on the basis of sections 203, § 1, 203, § 3, 205, 205a, 206, 301, 336 and 353.14 of the civil Code.
The purpose of this registry is to centralize, electronically, all judgments, judgments and acts referred to in paragraph 2, to ensure a better recovery of arrears of alimony by bailiffs acting on behalf of a creditor of food or by the Service maintenance of the SPF finance, under the law of 21 February 2003 creating a maintenance within the FPS finance claims Service.
The file central of judgments, judgments and acts allocating alimony is responsible to identify, preserve, manage and make available in electronic form judgments, judgments and acts referred to in paragraph 2, in accordance with the provisions of this chapter and its orders for execution.
S.
1394/2. Natural persons who can directly register, consult, modify, treat or destroy the data of the central register of judgments, judgments and acts providing spousal support are designated name in a computerized registry, constantly maintained by that central file.
S. 1394/3. Anyone who participates in any capacity whatsoever, the collection, processing or communication of data recorded in the central database or has knowledge of such data, is required to respect its confidentiality. Article 458 of the penal Code is applicable.
S.
1394/4. To check the accuracy of data entered in the Central judgments, judgments and acts allocating alimony and to keep constantly up-to-date, attendants of the SPF Justice responsible for processing data have access to the information mentioned in article 3, paragraph 1, 1 °, 2 °, 5 °, 6 °, 7 °, 8 ° and 13 °, of the law of 8 August 1983 organising a national register of natural persons and can use this register identification number. However, they cannot communicate the number to third parties, in any form whatsoever.
The King determines the procedures for transmission of computer information from the national register to officials designated by the SPF Justice for the treatment of the data.
S. 1394/5. Registration of judgments, decisions, acts and personal data in the file is free of charge.
S.
1394/6. At the request of the Minister of Justice, Ministers with economy in their functions, legislative chambers, parliaments community and region, and the Office of the plan, as well as after the opinion of the Committee of management and monitoring, any person or agency concerned, the central file of judgments, judgments and acts allocating alimony communicates them anonymous data relevant to research on judicial organization the granting of alimony and the recovery of arrears of alimony. Encoded data may only be communicated in accordance with the rules applicable to the protection of privacy with regard to the processing of personal data.
S. 1394/7. A Committee of management and monitoring of the central register of judgments, judgments and acts providing a pension food, hereinafter referred to as "Management Oversight Committee" shall be established with the SPF Justice.
The management and Monitoring Committee is chaired by a judge of the Court of first instance or by a magistrate or a judge Emeritus which can prove effective experience of at least two years in family law, and which is designated by the Minister of Justice. The Committee is composed also a jurist and a computer scientist representing the Minister of Justice and appointed by him, a clerk of a Court of first instance designated by the Minister of Justice, a member of the Committee on the protection of private life appointed by the commission, a representative of the Service of maintenance claims designated by the Minister of finance a representative of the National Bank of Belgium designated by the Governor of the Bank,

a lawyer appointed by de Orde van Vlaamse balies, a lawyer appointed by the Ordre des barreaux francophones and germanophone, a notary designated by the college of presidents of the arrondissementales Chambers of notaries, a bailiff designated by the National Chamber of bailiffs of justice and an auditor appointed by the Board of the Institut des réviseurs d'Entreprises.
The management and Monitoring Committee may deliberate validly only if at least one of its members half are present.
Management and Monitoring Committee decisions are taken by a majority of the votes. In the event of parity, the voice of the president is dominating.
The members of the Committee are appointed for a renewable term of four years.
For each Member of the Committee, he was designated an alternate, in the same manner as for full members.
If the mandate of a member or an alternate member terminates prematurely, it is equipped with its replacement. Replacement completes the term of his predecessor.
Management and Monitoring Committee shall adopt its rules of procedure, which is approved by the Minister of Justice and published in the Moniteur belge.
S.
1394/8. The Minister of Justice shall establish president and member of the Committee of management and monitoring, the amount and the conditions for granting of attendance allowances for living expenses as well as the conditions for reimbursement of travel expenses. All costs of the Committee are in charge of the federal public service Justice.
S. 1394/9. § 1. The management and Monitoring Committee for missions: 1 ° to ensure and to contribute to the effective and safe operation of the central file in accordance with the provisions of this chapter;
2 ° to issue an opinion on the orders of execution referred to in articles 1394/1 and 1394/4, and claims referred to in article 1394/6;
3 ° to advise the Minister of Justice, at his request, concerning any question relating to the central register of judgments, judgments and acts allocating alimony;
4 ° to give notice, office or as a result of a request made pursuant to article 1394/12 on any difficulty or any dispute which may arise from the application of this chapter and its implementing measures;
5 ° direct file central of judgments, judgments and acts allocating alimony to make inoperative the individual access codes to the central file, in accordance with article 1394/13.
§ 2. The Member of the Commission for the protection of privacy has the same tasks and skills than the other members of the Committee of management and surveillance, but it ensures the coordination of the activities of the Committee and those of the Commission insofar as they interfere with each other.
Whenever he deems it useful to coordinate which falls upon him, the Member referred to in the first subparagraph, may ask the Committee to postpone a notice, decision or a recommendation and submit the question to the Commission on the protection of privacy.
In the case of a such application, discussion of the file is suspended within the management and Monitoring Committee and the file is immediately forwarded to the Commission. From the date of the receipt of the application, the Commission has a period of thirty days to communicate its opinion to the Committee of management and monitoring. If this deadline is not respected, the Committee may express its opinion or its decision without waiting for the opinion of the Committee.
The point of view of the Commission is explicitly mentioned in the notice, decision or recommendation of the Committee of management and monitoring.
S. 1394/10. Each year, the management and Monitoring Committee reported on execution of its missions during the past year. This report contains suggestions on the appropriateness of amending the advertising system set up under the central file of judgments, judgments and acts allocating alimony.
The report contains also an analysis of revenues and expenses related to the central file of judgments, judgments and acts allocating alimony.
The report shall be communicated to the legislative chambers and the Minister of Justice.
S. 1394/11. § 1. The management and Monitoring Committee may collect all information necessary for the performance of its tasks referred to in article 1394/9, § 1. To this end, it can to conduct hearings and require the production of documents; It also has access to the central index of judgments, judgments and acts providing spousal support as well as all data relating to its operation.
The heard persons required to produce documents are entitled to disclose information covered by the obligation of professional secrecy.
§ 2. If the management and Monitoring Committee deems it useful in the execution of its tasks referred to in article 1394/9, § 1, he may inform the disciplinary authority or superior hierarchical of negligence and shortcomings noted from the persons referred to in article 1394/2. It can also load to investigate the matter and to submit a written report within the time limit.
If, in the performance of its tasks, the management and Monitoring Committee has knowledge of a violation of articles 1394/14 and 1394/15 or some other offence, it shall inform the competent prosecutor.

§ 3. Article 1394/3 is applicable to the members of the Committee of management and monitoring for all of the data which they have become aware in the exercise of their function, as well as the persons to which the Committee communicates these data in the context of the exercise of its tasks.
S.
1394/12. Anyone can by writing to the Committee of management and monitoring to report facts or situations which, in its opinion, require the intervention of the Committee or to make helpful suggestions.
Unless express the person who addressed to him, the Committee cannot reveal the identity of the person in question, or the manner in which it was seized.
The management and Monitoring Committee communicates to the applicant referred to in paragraph 1 the data it deems appropriate.
S. 1394/13. Pending the results of the measures referred to in article 1394/11, management and Monitoring Committee may direct the file central of judgments, judgments and acts providing spousal support make inoperative for a period of up to one year, renewable only once, the individual code access to the central database referred to in article 1391, § 4, where there is reasonable evidence that the holder has failed to 1394/3 and 1394/19 articles , § § 2 and 3. Except in cases of absolute necessity, the person concerned was previously heard.
S.
1394/14. Shall be punished by a fine of one hundred euros to 5,000 euros, bodies or servants of the central of judgments, judgments and acts allocating alimony which: 1 ° have not taken all measures to ensure the security and confidentiality of the personal data processed;
2 ° have not updated the individual registry referred to in article 1394/2.
S.
1394/15. Shall be punished by a term of imprisonment from eight days to six months and a fine of one hundred euros at five thousand euros or one of those penalties only, persons who: 1 ° in contravention of the provisions of section 1394/19, § 2, and except as otherwise provided by or under the Act, knowingly disclosed their individual access code;
2 ° in violation of the provisions of section 1394/3 and except as otherwise provided by or under the Act, have not respected the confidentiality data recorded in the central register of judgments, judgments and acts allocating alimony;
3 ° have consulted the central file of judgments, judgments and acts providing spousal support, without being in one of the cases referred to in article 1394/19, § 1, or have used data from this file for any purpose other than that which could justify granting access to the file;
4 ° do not meet the obligations imposed on them under the provisions of section 1394/18.
S.
1394/16. The judge may decide to deprive the convicted person of the right to use his individual access code for a maximum duration of five years.
S. 1394/17. All the provisions of book I of the penal Code, including Chapter VII and article 85, but chapter V except, are applicable to the offences referred to in articles 1394/14 and 1394/15.
S. 1394/18. Within thirty calendar days of the passing of the planned act in section 1394/1, notaries shall transmit a certified copy of deed to the central file of judgments, judgments and actions providing support, through the Royal Federation of Belgian notaries.
Within thirty calendar days of the execution of the judgment or the judgment provided for in article 1394/1, the clerks to the justices of the peace, courts of first instance and courts of appeal forward a certified copy of this judgment or that judgment to the central file of judgments, judgments and acts allocating alimony.
S.
1394/19. § 1. Judges and clerks may consult for the fulfilment of their statutory missions judgments, judgments and acts referred to in article 1394/1.
Employees of the Service of maintenance claims within the FPS finance, covered by the law of 21 February 2003 creating a maintenance claims within the FPS Finance Service, peuvent, in the context of the performance of their statutory tasks, see judgments, judgments and acts referred to in article 1394/1.
The

bailiffs articles 509 et seq. of the Code of judicial procedure may, in the performance of their statutory tasks, see judgments, judgments and acts referred to in article 1394/1.
§ 2. Access to the data stored in the file is carried out through individual access codes. Holders of these codes may not disclose to anyone and are personally liable for the use that is made.
§ 3. Requests for consultation of the file is not admissible unless it mentions: 1 ° in addition to the access code, the surname, given names and business address of the applicant referred to in paragraph 1;
2 ° where appropriate, the name, surname and domicile of the creditor or its name, its legal nature and its head;
3 ° the object of the application, justified in accordance with paragraph 1.
§
4. All persons recorded in the file have a right of access and right of rectification of personal data recorded in accordance with articles 10 to 15 of the law of 8 December 1992 relative to the protection of privacy with regard to processing of personal data, although this right may relate to the same content of a judgment a judgment or an act within the meaning of section 1394/1. "."
Section 2. -Collective settlement of debts s. 10. in article 1675/13, § 3, first indent, of the same Code, the words "not expired on the day of the decision adopting the judicial settlement plan" are repealed.
CHAPTER 4. -Amendments to the mortgage law art.
11. in article 19 of the mortgage law of December 16, 1851, as last amended by the Act of July 30, 2013, the following changes are made: has) there is inserted a 3 ° bis new as follows: "3 ° bis. Maintenance claims, which amount cannot exceed EUR 15 000; ";
(b) 3 current bis ° is renumbered as 3 ° ter.
CHAPTER 5.
-Modification du Code penal Art. 12. article 391bis of the penal Code, as last amended by the Act of July 30, 2013, is supplemented by a paragraph worded as follows: "Upon conviction for an offence under this section, the judge may also decide the forfeiture of the right to drive a motor vehicle, in accordance with articles 38 to 41 of the law of 16 March 1968 on road traffic police.".
CHAPTER 6. -Entry into force art.
13 this Act, with the exception of articles 3, 4 and 9, comes into force the first day of the third month following that of its publication in the Moniteur belge.
Articles 2 to 8 shall apply to the requests referred to in article 7 of the law of 21 February 2003 creating a Service maintenance claims within the FPS finance, the Service of maintenance claims will receive from the date of entry into force of articles 3 and 4 of this Act.
Articles 3 and 4 come into force on 1 January following the date of publication of this Act in the Moniteur belge.
Section 9 comes into force on the date fixed by the King and no later than the first day of the sixth month following that during which the Act has been published in the Moniteur belge.
Article 1394/18 of the Code judicial, as inserted by article 9 applies to acts, judgments and decisions passed or handed down from the date of entry into force of section 9 of this Act.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, may 12, 2014.
PHILIPPE by the King: the Minister of finance, K. GARG sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) House of representatives (www.lachambre.be): Documents: 53-3452.
Full record: 22 April 2014.
Senate (www.senate.be): Documents: 5-2476.
Annals of the Senate: February 27, 2014 and March 13, 2014.