Law Amending, For The Purposes Of Partially Transpose Directive 2011/85/eu, Of 22 May 2003 On The Organisation Of The Budget And Accounts Of The Federal State And Containing Various Provisions On Budgetary Funds (1)

Original Language Title: Loi modifiant, en vue de transposer partiellement la directive 2011/85/UE, la loi du 22 mai 2003 portant organisation du budget et de la comptabilité de l'Etat fédéral et contenant des dispositions diverses en matière de fonds budgétaires (1)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
belgiquelex.be - Carrefour Bank of Legislation

10 APRIL 2014 - An Act to amend, with a view to partially transposing Directive 2011/85/EU, the Act of 22 May 2003 on the organization of the budget and accounting of the federal State and containing various provisions on budgetary funds (1)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
CHAPTER IER. - General provisions
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. This Act partially transposes Directive 2011/85/EU of 8 November 2011 on the requirements for the budgetary frameworks of the Member States.
CHAPTER II. - Amendments to the Act of 22 May 2003 on the organization of federal budget and accounting
Art. 3. Article 3 of the Act of 22 May 2003 on the organization of the budget and accounting of the federal state is supplemented by a paragraph written as follows:
"The provisions of Title V/1 are applicable to the services referred to in Article 2 and, by derogation from Article 2, 3°, to the federal social security institutions under the institutional sector S1314 within the meaning of Regulation (EU) No 549/2013 of the European Parliament and the Council of 21 May 2013 concerning the European system of national and regional accounts in the European Union (SEC 2010). ".
Art. 4. In section 45 of the Act, the words "31 October" are replaced by the words "15 October".
Art. 5. Section 46 of the Act is supplemented by the 6° and 7° written as follows:
"6° a sensitivity analysis, reflecting an overview of the evolutions of the main budget variables according to different assumptions regarding growth and interest rates;
7° a list of all agencies and funds that are not included in the budget but are part of the consolidation scope as challenged or by the Institute of National Accounts and an analysis of their impact on the funding balance and on public debt. ".
Art. 6. Section 111 of the Act is supplemented by a paragraph written as follows:
"At the latest, from the accounts of the fiscal year 2020, the federal state's general account is submitted for certification to the Court of Accounts. ".
Art. 7. In the same Act, a Title V/1 shall be inserted as follows:
"Miscellaneous provisions partially transposing Directive 2011/85/EU".
Art. 8. In title V/1, inserted by article 7, an article 124/1 is inserted, as follows:
"Art. 124/1. §1. The Federal State is responsible for publishing on a website the budgetary data relating to expenses and revenues realized on a cash basis or on the basis of accounting for the various subsectors of public administrations.
This publication occurs monthly before the end of the following month for the Federal State, Social Security and Communities and Regions and quarterly before the end of the next quarter for local authorities.
These budgetary data include expenditures and revenues from institutions that are part of the consolidation scope as defined by the Institute of National Accounts.
The Federal State is also responsible for issuing detailed correspondence tables, indicating the method used to make the transition between the data on the cash basis or on the basis of accounting and the data established on the basis of the SEC 2010 standards.
The organization of the publication of budgetary data will be resolved in a cooperation agreement.
§ 2. Institutions within the Federal Consolidation Perimeter as defined by the Institute of National Accounts shall transmit monthly data to the Minister of Budget referred to in § 1st, preferably on the basis of accounting.
The federal social security institutions referred to in section 3 transmit monthly, on instruction given by the Minister of Budget and by the Minister of Social Affairs, the necessary data referred to in § 1."
Art. 9. In the same title V/1, an article 124/2 is inserted as follows:
"Art. 124/2. §1. The federal state budget is based on the macroeconomic forecasts of the economic budget of the Institute of National Accounts referred to in Article 108 (g) of the Act of 21 December 1994 on social and other provisions. Any deviations from these forecasts are explicitly mentioned and justified in the general statement of the budget referred to in section 46.
Significant differences with the most recent forecasts of the European Commission, and if applicable those of other independent bodies, will be described and explained in the general statement of the budget referred to in section 46. ".
Art. 10. In the same Title V/1, an article 124/3 is inserted as follows:
"Art. 124/3. §1. The federal budget is part of a medium-term fiscal framework, covering the legislature and a minimum period of three years. The annual budget is complemented by multi-year budget programming under the medium-term budget framework.
Multi-year budget programming includes:
1° of the overall and transparent multi-year budget targets expressed in terms of public deficit and public debt or any other synthetic budget indicator, such as expenditures;
2° of the projections for each major expenditure and revenue position of the public administrations, with unchanged policy;
3° a description of the proposed medium-term policies that have an impact on the finances of public administrations, disaggregated by expenditure and significant revenues, which shows how the adjustment can achieve the medium-term budgetary objectives in comparison with the unchanged policy projections;
4° an assessment of the effect that, given their long-term direct impact on the finances of public administrations, the policies envisaged are likely to have on the long-term sustainability of public finances.
§ 2. Multi-year budget programming is based on the economic forecasts of the Institute of National Accounts referred to in section 108, g), of the Act of 21 December 1994 on social and other provisions.
The budget framework, multi-year budget programming and its possible updates are published together with the general statement of the budget.
Any deviation from the annual budget from the budget framework is explained in the general statement of the budget.
A new government can update the medium-term fiscal framework, defined by a previous government, to reflect its new priorities for action. In this case, the government highlights the differences with the previous medium-term fiscal framework.".
Art. 11. In the same vein, an article 124/4 is inserted as follows:
"Art. 124/4. Every three years an evaluation, based on objective criteria, of the budget estimates used in budget preparation will be carried out by an independent body. If a significant variance is found in the evaluation, the services take the necessary steps to improve the methodology for future budget estimates and make them public.
The independent body will be designated in a cooperation agreement.".
Art. 12. In the same vein, article 124/5, as follows:
"Art. 124/5. The federal state publishes relevant information on conditional commitments that may have a high impact on the budget, including public guarantees, unproductive loans and liabilities arising from the activity of public enterprises and information on the capital participation of private and public companies for economically significant amounts. ".
CHAPTER III. - Miscellaneous budgetary provisions
Section 1re. - European Programming
Sub-section 1re. - Abolishment of organic funds under the Organic Law of 27 December 1990 creating budgetary funds
Art. 13. §1. The Social Economy Fund is abolished.
The resources available as of December 31, 2013 are disaffected and are added to the general resources of the Treasury.
§ 2. In the table annexed to the Organic Law of 27 December 1990 creating budgetary funds, section 44-1 - Social Economy Fund is repealed.
Art. 14. §1. The Belgian European Social Fund is abolished.
The resources available as of December 31, 2013 are disbursed and are added to Treasury's general resources.
§ 2. In the table annexed to the organic law of 27 December 1990 creating budgetary funds, section 44-3 - Belgian European Social Fund is repealed.
Art. 15. §1. The Special Fund for Expenditure Coverage under the Drive Programme is abolished.
§ 2. In the table annexed to the Organic Law of 27 December 1990 creating budgetary funds, section 33-1 - The Special Fund for the Coverage of Expenditures under the Drive Programme is repealed.
Sub-section 2. - Creation of the Federal European Social Fund
Art. 16. A fund for European programming 2014-2020 is created. It is a budgetary fund within the meaning of section 62 of the Act of 22 May 2003 on the organization of the federal state budget and accounting.
In the table, attached to the organic law of 27 December 1990 creating budgetary funds, section 44 - Social integration is supplemented by the following provisions:
"Denomination of the organic budget fund: 44-7 Federal European Social Fund - Programming 2014-2020.
Nature of income affected:
Amounts paid by the European Commission in particular, articles 146 and 148 of the Treaty of 25 March 1957 establishing the European Community, in accordance with the new programme 2014-2020 of the European Social Fund and the amounts reimbursed by third parties for undue payments or participation.
Nature of authorized expenditures:
- Transfers of funds to promoters and other expenses incurred in the implementation of the projects or initiatives of the European Social Fund's 2014-2020 programme for the part to be borne by the European Union on the Federal State;
- Personnel, operations and investment expenses of the Fund authorities as part of technical assistance. ".
Art. 17. The Federal European Social Fund - Programmation 2014-2020 can have a commitment authority that is set annually in the general budget of expenditures.
Subsection 3. - Creation of the European Fund for Assistance to the Poor - Programming 2014-2020
Art. 18. A fund for European programming 2014-2020 is created. It is a budgetary fund within the meaning of section 62 of the Act of 22 May 2003 on the organization of the federal state budget and accounting.
In the table, attached to the organic law of 27 December 1990 creating budgetary funds, section 44 - Social integration is supplemented by the following provisions:
"Denomination of the Organic Budget Fund:
44-8 European Fund for Assistance to the Poor - Programming 2014-2020
Nature of income affected:
Amounts paid by the European Commission under, inter alia, Articles 146 and 148 of the Treaty of 25 March 1957 establishing the European Community, pursuant to the new programming 2014-2020 of the European Fund for Assistance to the Poor and amounts reimbursed by third parties for undue payments or participation.
Nature of authorized expenditures:
- Transfers of funds to promoters and other expenses incurred in the implementation of the projects or initiatives of the 2014-2020 European Fund for Assistance to the Poor in respect of the part to be taken over by the European Union on the Federal State;
- Personnel, operations and investment expenses of the Fund authorities as part of technical assistance. ".
Art. 19. The European Fund for Assistance to the Poor - Programmation 2014-2020 can have a commitment authorization that is set annually in the general budget of expenditures.
Sub-section 4. - Creation of the Federal European Fund for Asile and Migration (AMF) and Homeland Security (ISF) Programmation 2014-2020
Art. 20. A fund for programming 2014-2020 is created. It is a budgetary fund within the meaning of section 62 of the Act of 22 May 2003 on the organization of the federal state budget and accounting.
In the table, attached to the organic law of 27 December 1990 creating budgetary funds, section 13 - Interior is supplemented by the following provisions:
"Denomination of the Organic Budget Fund:
13-15 Federal European Fund for Asile and Migration and Homeland Security - Programmation 2014-2020 Nature of affected revenues:
- European revenues relating to the pre-financing(s) or rebates of the projects carried out under the programming;
- Third party funding.
Nature of authorized expenditures:
- Pre-financing of expenditures on projects carried out in the framework of European programming for the part to be borne by the European Union on the Federal State;
- Personnel, operations and investment expenses of the Fund authorities as part of technical assistance. ".
Art. 21. The Federal European Fund for Asylum and Migration and Homeland Security - Programmation 2014-2020 has a commitment authority that is set annually in the General Estimates.
Section 2. - Creation of the BELINCOSOC Fund
Art. 22. A fund for all European or international projects in the field of social protection other than European programming is created. It is a budgetary fund within the meaning of section 62 of the Act of 22 May 2003 on the organization of the federal budget and accounting.
In the table, attached to the organic law of 27 December 1990 creating budgetary funds, section 24 - Social security is supplemented by the following provisions:
"Denomination of the Organic Budget Fund:
24-2 BELINCOSOC Fund
Nature of income affected:
- European revenues relating to the pre-financing(s) of European projects and the financing granted by third parties in the field of social protection;
- International income relating to the pre-financing(s) of international projects in the field of social protection.
Nature of authorized expenditure:
- Pre-financing of project expenditures under European projects co-financed or funded by the European Union in the field of social protection;
- Pre-financing of project expenditures under international projects co-financed or funded by international social protection agencies. ".
Art. 23. The BELINCOSOC Fund may have a commitment authority that is set annually in the General Estimates.
Section 3. - Amendment of the Organic Law of 27 December 1990 creating budgetary funds
Art. 24. In the organic law of 27 December 1990 creating budgetary funds, an article 5/1 is inserted as follows:
"Art. 5/1. From the fiscal year 2014, expenditures that have been pre-financing on the European side and that are not subject to reimbursement by the European Union are charged with the credits of the service ordering the expenditure. ".
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 10 April 2014.
PHILIPPE
By the King:
The Prime Minister,
E. DI RUPO
The Minister of Budget,
O. CHASTEL
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
House of Representatives
(ww.lachambre.be)
Documents: 53-3409 - 2013/2014
Full report: March 26 and 27, 2014
(*) Senate (www.senate.be):
Documents: 5-2812 - 2013/2014
Annales du Senate : April 3, 2014