Law On The Sixth State Reform Concerning The Matters Referred To In Article 78 Of The Constitution (1)

Original Language Title: Loi relative à la Sixième Réforme de l'Etat concernant les matières visées à l'article 78 de la Constitution (1)

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014200332&caller=list&article_lang=F&row_id=900&numero=970&pub_date=2014-01-31&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-01-31 Numac: 2014200332 FEDERAL CHANCELLERY of the Prime Minister PUBLIC SERVICE 6 January 2014. -Law on the sixth State reform concerning the matters referred to in article 78 of the Constitution (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: title 1. -Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
TITLE 2. – Strengthening of security at Brussels Chapter 1 policy. -Amendments to the provincial law art. 2. in article 5 of the provincial Act, replaced by the law of 16 July 1993 and amended by the Act of 1 July 1994, the following changes are made: 1 ° 1st paragraph is repealed;
2 ° in paragraph 2, paragraph 1, the words ", in addition to the Commissioner of the federal Government, Governor, planned to the § 1," are repealed;
3 ° paragraph 2, paragraph 5, is repealed.
4 ° paragraph 2, paragraph 8, is replaced by the following: "For the rest, its status is identical to that of the Commissioner of the federal Government, Governor of province.";
5 °, paragraph 3 is replaced by the following: "§ § 3 3" The Deputy Governor is assisted by the staff of the State made available by the federal Government. It has the direction of this staff. "."
CHAPTER 2. -Amendment of the law of 21 December 1998 establishing the "Belgian Technical Cooperation" in the form of a public company s. 3. in article 22, § 7, paragraph 1, 6 °, of the law of 21 December 1998 on the establishment of the 'Belgian Technical Cooperation' in the form of a public company, "the Commissioners of the federal Government, with the titles of Governor and Vice-Governor, established in the administrative arrondissement of Brussels-capital" shall be replaced by the words "the Commissioner of the federal Government bearing the title of Vice-Governor, established in the administrative arrondissement of Brussels-capital.
CHAPTER 3. -Amendments to the law of 21 June 2002 on the central Council of the philosophical non-denominational communities of Belgium, for delegates and the institutions responsible for the management of the material and financial interests of recognized non-denominational philosophical communities s. 4. in article 8, paragraph 1, 6 °, of the law of 21 June 2002 on the central Council of the philosophical non-denominational communities of Belgium, the delegates and the institutions responsible for the management of the material and financial interests of recognized non-denominational philosophical communities, amended by the law of March 27, 2006, the words "the Governor and" are repealed.
S. 5. in article 32 of the Act, the words "or to the Governor of the administrative arrondissement of Brussels-capital" are repealed.
S. 6. in article 42, paragraph 4, of the Act, the words "of the province concerned or the administrative arrondissement of Brussels-capital" are replaced by the words "province".
S. 7. in article 43, paragraph 3, of the Act, the words "of the province concerned or the administrative arrondissement of Brussels-capital" are replaced by the words "province".
TITLE 3. -Legal changes in transfers of skills mobility and road safety Chapter 1. -Amendment of the Act of 5 August 1992 on the function of police s.
8. article 15 of the Act of 5 August 1992, on the function of police as amended by the Act of 7 December 1998, is supplemented by a paragraph as follows: "this article is also applicable to offences under the regulations on road traffic police which are punished administratively.".
CHAPTER 2. -Amendments to the law of 6 December 2005 concerning the establishment and funding of s. road safety action plans 9. in article 2 of the law of 6 December 2005 concerning the establishment and funding of road safety action plans, the words ", with the exception of those referred to in article 2A of the special law of 16 January 1989 on the financing of the communities and regions" are inserted between the word "criminal" and the word "are".
S. 10. in article 5, § 1, of the Act, as amended by law of June 8, 2008 and December 23, 2009, 1 is replaced by the following: "1 ° total revenue referred to in article 2 is reduced by the amount of these receipts in 2002 and increased by 181.100.000 euros.
The amount of these receipts in 2002 is linked to the consumer price index, which reached on December 31, 2002 and is suitable on 1 January of each year in the consumer price index reached on 31 December of the previous year.
The amount of 181.100.000 euros is linked to the price index for consumption, which reached on December 31, 2011 and is suitable on 1 January of each year to the price index for consumption reached on 31 December of the previous year. "."
TITLE 4. -Annual Fund art.
11. article 73 of the law of 28 July 1992 fiscal and financial provisions, as amended by the laws of 10 February 1998 and may 4, 1999, the existing text of which will be the 1st paragraph, is supplemented by a paragraph 2, to read as follows: "§ § 2 2" The participation Fund is dissolved July 1, 2014. From this date, all parts of the participation Fund will report on the liquidation of the Fund. The liquidation is carried out by a Board of Directors in accordance with article 66 of the special State sixth reform act of January 6, 2014. "."
S. 12. in title II, chapter VI, of the Act, it is inserted an article 73bis, as follows: "article 73bis. no later than 1 July 2014, the Participation Fund is, alone, three companies, named: 1 ° participation Fund - Flanders;
2 ° participation Fund – Wallonia;
3 ° participation Fund - Brussels.
Companies are subject to the provisions of the Code of corporations that are applicable to corporations for all that is not expressly otherwise provided by or under the Act or, viewed the special nature of the company, by its statutes. "."
S. 13. article 74 of the Act is supplemented by a paragraph 5, worded as follows: "§ § 5 5" From the date referred to in article 73, § 2, the activity of participation in liquidation fund is limited in accordance with article 66 of the special law of 6 January 2014 on the sixth reform of the State. "."
S.
14. Chapter VI of the Act is repealed July 1, 2022.
S. 15. in article 180 of the 1992 income tax Code, as amended by the law of December 12, 2009, the 5th bis is repealed July 1, 2022.
TITLE 5. -Amendments to the legislation on pensions in the context of the transfer of competence for public service Chapter 1. -Able on leave s. 16. by way of derogation from article 2 of the law of January 10, 1974, regulating the admissibility of certain services and periods treated to the service activity, for the granting and calculation of pensions to the public Treasury the time during which a member of the staff of a federal, community or regional institution is placed in a situation referred to in article 2, § 1 2 ° to 4 °, of the above-mentioned Act of 10 January 1974 on the basis of a provision of its status published after the entry into force of this Act, is taken into consideration for the granting and calculation of the pension on the condition that the provision in question was added, by a royal decree deliberated in the Council of Ministers to the list annexed to this Act.
"Member of the staff of a federal, community or regional institution", there is a place to hear a member of the staff of federal, community or regional administration, a member of the staff of the House of representatives, the Senate or a Parliament of community or region, or a staff member admitted to a community grants-treatments, whose pension is dependent of the federal State or the pension plan established by the Act of 28 April 1958 relating to the pension members of the staff of selected agencies of public interest and their successors.
CHAPTER 2. -Measure transitional art. 17. If the competent federal authority for pensions agreed on a statutory provision referred to in article 16, inclusion in the list referred to in this article is not required.
TITLE 6. -Amendments to legislation concerning the representation of regions in the Committee of management of the national Office of employment art. 18. in the Act of April 25, 1963, on the management of the public interest social security and social welfare organizations, it is inserted an article 3ter, as follows: "article 3ter. the national employment agency Management Committee also consists of members representing the regional employment services, appointed by the Governments of the regions and, in the event of application of article 139 of the Constitution, the Government of DG Belgiens: has) a member appointed by the Flemish Government.
(b) one member appointed by the Government of the Walloon Region;
(c) one member appointed by the Government of the Brussels-Capital Region;
(d) one member appointed by the Government of the German-speaking community, in the event of application of article 139 of the Constitution.
These members do not have the right to vote. "."
S. 19. article 28, § 1, of Act of 26 June 2002 on business closures is replaced as follows: "§ 1."

The Fund is administered by a Management Committee composed of members who, in accordance with article 2 of the Act of April 25, 1963, on the management of the public interest social security and social welfare organizations, sit in the Committee of management of the national Office of employment. The Deputy Head of the national employment agency and his Deputy are responsible for the daily management of the Fund. "."
TITLE 7. -Dissolution of the Fund to reduce the overall cost of energy s. 20. the reduction in the overall cost of energy fund, created under Chapter VIII 'Sustainable development - Creation of the reduction of the overall cost of energy fund' title III "Miscellaneous provisions" of the programme act of 27 December 2005, is dissolved January 1, 2015.
S. 21. in title III "Miscellaneous provisions" of the programme act of 27 December 2005, Chapter VIII 'Sustainable development - Creation of the reduction of the overall cost of energy fund', with articles 28 to 39, is repealed January 1, 2015.
The management contract between the Belgian State and the Fund to reduce the overall cost of energy, established by the royal decree of July 6, 2009, is extended until December 31, 2014.
TITLE 8. -Amendments to the Act of August 31, 1939, on the national agency Ducroire s. 22. in article 12 of the Act of August 31, 1939, on l'Office national du Ducroire, replaced by the law of 24 December 2002, the following changes are made: 1 ° to paragraph 1, paragraph 1, the word "eighteen" is replaced by the word "ten".
2 ° to paragraph 1, paragraph 2 is replaced by the following: "the president and vice-president are appointed by the King, with the assent of the Government of each region, in environments particularly concerned by the development of international trade.";
3 ° to the 1st paragraph, paragraph 4 is replaced by the following: "four members and four alternate members shall be appointed on the proposal of the Ministers who have respectively in their finance, foreign powers, economic and Development Cooperation. These members or their alternates are on the Board of Directors the Minister offered them. ";
4 ° to paragraph 1, paragraph 5 is replaced by the following: "three members and three alternate members shall be appointed respectively on proposal of the Flemish Government, the Walloon Government and the Government of the Brussels-Capital Region. Each region offers a member and an alternate.
These members and their alternates represent the Governing Council the Government offered them. ";
5 ° to the 1st paragraph, paragraph 6 is replaced by the following: "the mandate of the president, vice-president, members and alternates is five years; It is renewable. The King may terminate the term of any Director by order deliberated in Council of Ministers, taken after consultation of the Government in each region for the mandates referred to in paragraph (2) and on a proposal of the Government of the region concerned for the mandates referred to in paragraphs 3 and "5;
6 ° c in paragraph 2, paragraph 1 is replaced by the following: "the Board of directors includes as many members of French-speaking members of Dutch expression. As regards to the president and vice-president as well as the full and alternate members nominated by the Government of the Région de Bruxelles - Capitale by virtue of § 1, paragraphs 3 and 5, one French-speaking and one Dutch expression. ";
7 ° to paragraph 2, subparagraph 2 is repealed.
S. 23. in section 13 of the Act, the words "Economic Affairs" are each time replaced by the words "the economy".
Title 9 - Amendments to legislation relating to the equipment and utilities s. Fund 24. article 107 of the laws on family allowances for salaried workers, coordinated by the royal decree of 19 December 1939, replaced by the law of 22 February 1998 and amended by the law of January 25, 1999, is repealed.
S. 25. the Act of 21 April 2007 amending article 107 of the coordinated laws on family allowances for salaried workers, is repealed.
TITLE 10. -Modification of Code of criminal procedure art. 26. article 606 of the Code of criminal procedure, restored by the law of May 15, 2006, is replaced by the following: 'article 606. persons who, following a divestment delivered on basis of article 57A of the Act of 8 April 1965 on the protection of youth, to the support of minors who have committed an act classified as offence and compensation for the damage caused by this fact, are the subject of an arrest warrant, are placed in a community centre for minors who have committed an offence qualified fact.
If the same people subject to a sentence to a term of imprisonment main or accessory, they perform this penalty in the punitive wing of a community centre for minors who have committed an offence qualified fact.
However, if these people are aged eighteen years or more and that, at the time of placement or subsequently, the number of places in the community centres is insufficient, they are placed in a prison for adults. They are also placed or returned in a prison for adults when they are twenty-three years of age or older.
If the eighteen years young cause serious disturbances within the centre or endangers the integrity of other young people or of the staff of the centre, the Community authority may send a detailed report to the Minister of Justice. This can then return the young in a prison for adults. "."
TITLE 11. -Staff of Senate s. 27. those who, the day of the publication of this Act in the Moniteur belge, are statutory members of the staff of the Senate may, with their consent, be made available for a public employer or be transferred to a public employer.
Public employer shall mean any federal public service, including the authorities referred to in article 14, § 1, 2 °, of the consolidated laws on the Council of State, as well as the institutions that depend on.
Are also considered public employer, autonomous public undertakings referred to in the Act of 21 March 1991 reforming certain public undertakings and any institution which depends on federal authority.
The Member of staff who is made available, shall function under the authority of the public employer and is paid by the Senate.
It keeps its legal relationship with the Senate which remains member of the staff.
Transfer, means the integration of the staff member of the Senate as an official with the public employer.
The public employer defines the criteria which the Member of the staff of the Senate must meet to enter into consideration for provision or transfer.
The provision and the transfer subject to an agreement between the Senate and the public employer.
The agreement defines: 1 ° where appropriate, the duration and additional rules of provision, including support, employer contributions included treatment, allowances, allowances, bonuses, benefits in kind, social benefits and allowances available to staff members;
2 ° the fixation of grade, level and salary scale applicable to staff of the public employer, which will bear the staff member;
3 ° the establishment of working arrangements;
4 ° the duration and content of training and the potential internship;
5 ° the monetary benefits that the public employer gives to the staff member, in application of the Statute to the said public employer;
6 ° the procedure and assessment criteria during training and training potential;
7 ° the rules relating to the civil liability of the public employer.
8 ° the date of transfer;
9 ° the transfer procedure.
A copy of the regulation of work and of the statutes applicable to the members of the staff of the public employer is given to the Member of staff.
TITLE 12. -Entry into force art. 28. this Act comes into force July 1, 2014, with the exception of articles 24 and 25 which come into force on December 31, 2014 and article 27, which shall enter into force the day of the publication of this Act in the Moniteur belge.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, 6 January 2014.
PHILIPPE by the King: the Prime Minister, E. DI RUPO. the Minister of economy, J. VANDE LANOTTE the Minister of the Interior and of equality of opportunity, Ms. J. MILQUET. the Minister of Social Affairs, Ms. L. ONKELINX the Minister of Middle Classes, Ms. S. LARUELLE. the Minister of Justice, Ms. A. TURTELBOOM. the Minister of employment, Ms. M. DE CONINCK for the Minister of public enterprises science policy and Cooperation for development, absent: Deputy Prime Minister and Minister of Social Affairs and public health, Ms. L. ONKELINX. the Minister of finance, responsible for the public service, K. GARG the Secretary environment and mobility and institutional reforms, M. WATHELET Secretary of State for Social Affairs and family Ph. COURARD. the Secretary of State for institutional reform, S.
VERHERSTRAETEN the Secretary of State for public service, H. BOGAERT sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Senate (www.senate.be): Documents: 5-2234 annals of the Senate: 27 and 28 November 2013.
House of representatives (www.lachambre.be)

Documents: 53 3203 full record: 18-19 December 2013.
The annex to the Act of 6 January 2014 the sixth State reform concerning the matters referred to in article 78 of the Constitution list of the statutory provisions referred to in article 16