Act To Amend, To Partially Transpose Directive 2011/85/eu, The Act Of May 16, 2003, Laying Down The General Provisions Applicable To Budgets, Control Of Subsidies And Accounting Communities And Regions, As Well As The Organ

Original Language Title: Loi modifiant, en vue de transposer partiellement la directive 2011/85/UE, la loi du 16 mai 2003 fixant les dispositions générales applicables aux budgets, au contrôle des subventions et à la comptabilité des communautés et des régions, ainsi qu'à l'organ

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belgiquelex.be - Carrefour Bank of Legislation

10 AVRIL 2014. - An Act to amend, with a view to partially transposing Directive 2011/85/EU, the Act of 16 May 2003 establishing the general provisions applicable to the budgets, control of subsidies and accounting of communities and regions, as well as to the organization of the Court of Auditors (1)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. This Act provides for the partial implementation of Council Directive 2011/85/EU of 8 November 2011 on the requirements for the budgetary frameworks of the Member States.
Art. 3. In section 10 of the Act of 16 May 2003, setting out the general provisions applicable to the budgets, control of subsidies and accounting of the Communities and Regions, as well as to the organization of control of the Court of Accounts, a paragraph 1 is inserted.er/1 to read:
« § 1er/1. At the latest, from the accounts of the 2020 fiscal year, the general account of each Community and Region referred to in section 2 of this Act is submitted for certification to the Court of Auditors. "
Art. 4. In the same Act of 16 May 2003, a Chapter VIter is inserted as follows:
« CHAPTER VIter. - " Miscellaneous provisions partially transposing Directive 2011/85/EU".
Art. 5. In Chapter VIter, inserted by Article 4, an article 16/9 is inserted as follows:
"Art. 16/9. Each Community and Region shall prepare its budget on the basis of 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 derogations from these estimates are explicitly mentioned and justified in the budget information and supporting documents. »
Art. 6. In the same chapter VIter, an article 16/10 is inserted as follows:
"Art. 16/10. The budgetary data relating to expenses and revenues realized on a cash basis or on the basis of accounting are communicated monthly for publication to the federal State. This overview includes the revenues and expenditures of institutions within the consolidation scope as defined by the Institute of National Accounts.
The quarterly budgetary data relating to expenditures and revenues realized on a cash basis or on the basis of the accounting of local authorities that fall under the control of the Communities and Regions are communicated quarterly for publication to the Federal State before the end of the following quarter by the Community or Region concerned.
The organization of the publication of budgetary data will be resolved in a cooperation agreement. »
Art. 7. In the same chapter, an article 16/11 is inserted as follows:
"Art. 16/11. Information and supporting documents accompanying the budget of each Community and Region must include:
1° a sensitivity analysis, reflecting an overview of changes in key budget variables based on different growth and interest rates assumptions;
2° a list of all agencies and funds that are not included in the budgets but are part of the consolidation scope as defined by the Institute of National Accounts and an analysis of their impact on the funding balance and on public debt;
3° for entities with a specific tax jurisdiction, detailed information on the impact of their tax expenditures on their revenues. To this end, an inventory of tax expenditures is attached to the proposed budget, including all reductions, decreases and exceptions to the general tax collection regime applicable during the fiscal year for the benefit of taxpayers or economic, social or cultural activities. »
Art. 8. In the same chapter, an article 16/12 is inserted as follows:
"Art. 16/12. § 1. The budget of each Community and Region is part of a medium-term budget 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 in terms of public deficit and public debt or any other synthetic budget indicator, such as expenditures;
2° of the forecast for each major expenditure and revenue position of the authorities, at the same policy level;
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 updates are published with the budget information and supporting documentation.
Any deviation from the annual budget from the budget framework is explained in these same documents.
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 new government highlights the differences with the previous medium-term fiscal framework. »
Art. 9. In the same chapter, an article 16/13 is inserted as follows:
"Art. 16/13. 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 Community or Region concerned shall 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. 10. In the same chapter, an article 16/14 is inserted as follows:
"Art. 16/14. Each Community and Region 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. "
Promulgate this Act, 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