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)

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6 JANVIER 2014. - Law on the Sixth Reform of the State 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 adopted and We sanction the following:
PART 1er. - General provision
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
PART 2. - Strengthening security policy in Brussels
CHAPTER 1er. - Amendments to Provincial Law
Art. 2. In section 5 of the Provincial Law, replaced by the Act of 16 July 1993 and amended by the Act of 1er July 1994, the following amendments are made:
1° paragraph 1er is repealed;
2° in paragraph 2, paragraph 1er, the words ", in addition to the Commissioner of the Federal Government, Governor, provided for in § 1er," are repealed;
Paragraph 2, paragraph 5, is repealed;
Paragraph 2, paragraph 8, is replaced by the following:
"For the surplus, its status is identical to that of the Commissioner of the federal government, provincial governor. ";
Paragraph 3 is replaced by the following:
§ 3. The deputy governor is assisted by members of the state staff made available by the federal government. He has the direction of this staff."
CHAPTER 2. - Amendment of the Act of 21 December 1998 establishing the Belgian technical cooperation in the form of a public law society
Art. 3. In article 22, § 7, paragraph 1er, 6°, of the Act of 21 December 1998 establishing the "Belgian technical cooperation" in the form of a public law society, the words "the commissioners of the federal government, bearing the titles of governor and deputy governor, established in the administrative district of Brussels-Capital" are replaced by the words "the Commissioner of the federal government, bearing the title of vice-governor, established in the administrative district".
CHAPTER 3. - Amendments to the Act of 21 June 2002 on the Central Council of Non-denominational Philosophical Communities of Belgium, delegates and institutions responsible for the management of the material and financial interests of recognized non-denominational philosophical communities
Art. 4. In Article 8, paragraph 1er6°, of the Act of 21 June 2002 on the Central Council of the Non-denominational Philosophical Communities of Belgium, delegates and institutions responsible for the management of the material and financial interests of the recognized non-denominational philosophical communities, as amended by the Act of 27 March 2006, the words "the Governor and" are repealed.
Art. 5. In section 32 of the Act, the words "or the governor of the administrative district of Brussels-Capital" are repealed.
Art. 6. In section 42, paragraph 4, of the Act, the words "of the province concerned or the administrative district of Brussels-Capital" are replaced by the words "of province".
Art. 7. In section 43, paragraph 3, of the Act, the words "of the province concerned or the administrative district of Brussels-Capital" are replaced by the words "of province".
PART 3. - Legal changes in transfers
mobility and road safety skills
CHAPTER 1er. - Amendment of the Act of 5 August 1992
on the police function
Art. 8. Section 15 of the Police Service Act of 5 August 1992, as amended by the Act of 7 December 1998, is supplemented by a paragraph as follows:
"This article is also applicable to violations of regulations relating to the traffic police which are administratively sanctioned."
CHAPTER 2. - Amendments to the Act of 6 December 2005 on the establishment and financing of road safety action plans
Art. 9. In section 2 of the Act of 6 December 2005 on the establishment and financing of road safety action plans, the words ", with the exception of those referred to in section 2bis of the special law of 16 January 1989 on the financing of communities and regions," are inserted between the word "criminal" and the word "are".
Art. 10. In Article 5, § 1er, of the same law, as amended by the laws of 8 June 2008 and 23 December 2009, the 1st is replaced by the following:
"1° the total of the revenues referred to in Article 2 is diminished of the amount of these revenues in 2002 and increased by 181.100.000 euros.
The amount of these revenues in 2002 is related to the Consumer Price Index, which was reached on December 31, 2002 and is adapted on December 1, 2002er January of each year to the Consumer Price Index reached December 31 of the previous year.
The amount of 181.100.000 euros is linked to the Consumer Price Index, which was reached on 31 December 2011 and is adapted on 1er January of each year to the Consumer Price Index reached December 31 of the previous year. ".
PART 4. - Participation Fund
Art. 11. Section 73 of the Act of 28 July 1992 on tax and financial provisions, as amended by the Acts of 10 February 1998 and 4 May 1999, the existing text of which will constitute paragraph 1er, is supplemented by paragraph 2, as follows:
"§2. The Participation Fund is dissolved on 1er July 2014. As of that date, all parts of the Fund will reflect the liquidation of the Fund. The liquidation is carried out by a board of directors composed in accordance with Article 66 of the special law of 6 January 2014 concerning the Sixth Reform of the State."
Art. 12. In title II, chapter VI, of the Act, an article 73bis is inserted, as follows:
"Art. 73bis. At the latest.er July 2014, the Participation Fund is, alone, three companies appointed:
1° Participating Fund - Flanders;
2° Participating Fund - Wallonia;
3° Fund of participation - Brussels.
Companies are subject to the provisions of the Code of Companies that are applicable to anonymous companies for anything that is not expressly provided for by or under the law or, given the special nature of society, by its statutes. ".
Art. 13. Section 74 of the Act is supplemented by a paragraph 5, which reads as follows:
§ 5. From the date referred to in Article 73, § 2, the activity of the Fund of Participation in liquidation is limited in accordance with Article 66 of the special law of 6 January 2014 relating to the Sixth Reform of the State.".
Art. 14. Chapter VI of the Act is repealed on 1er July 2022.
Art. 15. In section 180 of the Income Tax Code 1992, last amended by the Act of 12 December 2009, the 5th grade is repealed on 1er July 2022.
PART 5. - Changes in pension legislation in the context of the transfer of competence in public service
CHAPTER 1er. - Leave measures
Art. 16. By derogation from section 2 of the Act of 10 January 1974 regulating the eligibility of certain services and periods assimilated to the service activity for the granting and calculation of the Treasury's dependants pension, the time during which a staff member of a federal, community or regional institution is placed in a situation referred to in section 2, § 1er, 2° to 4°, of the above-mentioned Act of 10 January 1974 on the basis of a provision of its statute published after the coming into force of this Act, shall be taken into consideration for the granting and calculating of the pension until the provision in question has been added, by a royal decree deliberated in the Council of Ministers, to the list annexed to this Act.
By "member of the staff of a federal, community or regional institution", it is necessary to hear a member of the staff of a 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 member of the staff admitted to the subsidies-treatment of a community, whose pension is dependent on the federal state or the pension plan established by the law of April 28, 1958
CHAPTER 2. - Transitional measure
Art. 17. If the competent federal pension authority has signed its agreement on a statutory provision referred to in section 16, an entry on the list referred to in that section is not required.
PART 6. - Amendments to the legislation relating to the representation of regions in the management committee of the National Employment Board
Art. 18. In the Act of 25 April 1963 on the Management of Public Interest Organizations of Social Security and Social Welfare, an article 3ter is inserted, as follows:
"Art. 3ter. The Management Committee of the National Employment Board is also composed of members who represent the regional employment services, designated by the governments of the regions and, in the event of the application of Article 139 of the Constitution, by the Government of the German-speaking Community, namely:
(a) a member designated by the Flemish Government;
(b) a member designated by the Government of the Walloon Region;
(c) a member designated by the Government of the Brussels-Capital Region;
(d) a member designated by the Government of the German-speaking Community in the event of the application of Article 139 of the Constitution.
These members do not have the right to vote.".
Art. 19. Article 28, § 1er, of the Act of 26 June 2002 on business closures is replaced as follows:
§ 1er. The Fund is administered by a management committee composed of members who, pursuant to section 2 of the Act of April 25, 1963 on the management of organizations of public interest in social security and social insurance, sit in the management committee of the National Employment Office. The deputy head of the National Employment Board and his deputy head are responsible for the day-to-day management of the Fund. ".
PART 7. - Dissolution of the Reduction Fund
the overall cost of energy
Art. 20. The Global Energy Cost Reduction Fund, created under Chapter VIII "Sustainable Development - Establishment of the Global Energy Cost Reduction Fund" of Title III "Distributive Provisions" of the Programme Law of 27 December 2005, is dissolved on 1er January 2015.
Art. 21. In the title III "Different Provisions" of the Program Law of 27 December 2005, chapter VIII "Sustainable Development - Establishment of the Global Energy Cost Reduction Fund", comprising sections 28 to 39, is repealed on 1er January 2015.
The management contract between the Belgian State and the Global Energy Cost Reduction Fund, set by the Royal Decree of 6 July 2009, is extended until 31 December 2014.
PART 8. - Amendments to the Act of 31 August 1939
on the National Office of the Ducroire
Art. 22. In section 12 of the Act of 31 August 1939 on the National Office of the Ducroire, replaced by the Act of 24 December 2002, the following amendments are made:
1° in paragraph 1erParagraph 1er, the word "ten-eight" is replaced by the word "ten".
2° in paragraph 1erParagraph 2 is replaced by the following:
"The President and Vice-President shall be appointed by the King, in accordance with the Government of each region, in the environments particularly concerned with the development of foreign trade. ";
3° in paragraph 1erParagraph 4 is replaced by the following:
"Four members and four alternates are appointed on the proposal of the Ministers who have in their respective roles Finance, Foreign Affairs, Economy and Development Cooperation. These members or their alternates represent the Minister who proposed them to the Board of Directors. ";
4° in paragraph 1erParagraph 5 is replaced by the following:
"Three members and three alternates are appointed respectively on the proposal of the Flemish government, the Walloon government and the Brussels-Capital government. Each region offers a member and an alternate. These members and their alternates represent to the board of directors the government that has proposed them. ";
5° in paragraph 1erParagraph 6 is replaced by the following:
"The term of office of the President, Vice-President, members and alternates is five years; It's renewable. The King may terminate the term of office of any director by a deliberate order in the Council of Ministers, taken after consultation with the Government of each region for the terms referred to in paragraph 2 and taken on the proposal of the Government of the region concerned for the terms referred to in paragraphs 3 and 5. ";
6° in paragraph 2, paragraph 1er is replaced by the following:
"The board of directors includes as many French-speaking members as Dutch-speaking members. With regard to the President and Vice-President and the actual and alternate members proposed by the Government of the Brussels-Capital Region under § 1er, paragraphs 3 and 5, one is of French expression and the other of Dutch expression. ";
7° in paragraph 2, paragraph 2 is repealed.
Art. 23. In section 13 of the same law, the words "Economic Affairs" are replaced by the words "Economy".
PART 9 - Amendments to the legislation relating to the Collective Equipment and Services Fund
Art. 24. Section 107 of the Family Allowance for Employees Acts, coordinated by the Royal Decree of 19 December 1939, replaced by the Act of 22 February 1998 and amended by the Act of 25 January 1999, is repealed.
Art. 25. The Act of 21 April 2007 amending section 107 of the coordinated laws relating to family allowances for wage workers is repealed.
PART 10. - Amendment of the Code of Criminal Investigation
Art. 26. Section 606 of the Code of Criminal Investigation, restored by the Act of 15 May 2006, is replaced as follows:
"Art. 606. Persons who, as a result of a divestiture on the basis of Article 57bis of Act 8 April 1965 on the protection of youth, the care of minors who have committed a crime and the reparation of the damage caused by it, are subject to an arrest warrant, are placed in a community centre for minors who have committed a crime.
If the same persons are sentenced to a principal or incidental sentence, they are serving this sentence in the punitive wing of a community centre for minors who have committed a crime.
However, if these persons are eighteen years of age or older and at the time of placement or later, the number of places in community centres is insufficient, they are placed in an adult prison. They are also placed or returned to an adult correctional facility when they are twenty-three years of age or older.
If a young person of eighteen years of age causes serious disturbances in the centre or endangers the integrity of other youth or staff in the centre, the competent community authority may report to the Minister of Justice. The young person can then return the young person to an adult prison. ".
PART 11. - Staff of the Senate
Art. 27. Those who, on the day of the publication of this Act in the Belgian Monitor, are statutory members of the Senate staff may, with their consent, be made available to a public employer or transferred to a public employer.
By public employer, any federal public service must be heard, including the authorities referred to in Article 14, § 1er, 2°, coordinated laws on the Council of State, as well as the institutions that depend on it.
Also considered as a public employer, the self-employed public enterprises referred to in the Act of 21 March 1991 on the reform of certain public enterprises and any institution that depends on the federal authority.
The staff member who is made available, performs his duties under the authority of the public employer and is paid by the Senate. He maintains his legal relationship with the Senate of which he remains a staff member.
By transfer, the integration of the Senate staff member as an employee with the public employer must be understood.
The public employer defines the criteria to which the Senate staff member must meet to consider for a disposition or transfer.
Provision and transfer are agreed between the Senate and the public employer.
The agreement defines:
1° where applicable, the duration and the supplementary rules of the provision, including the provision of care, including employer contributions, salary, allowances, allowances, bonuses, benefits of any kind, social benefits and family allowances of staff members available;
2° the determination of the grade, level and salary scale applicable to public employer personnel, to be put on the staff member;
3° the fixation of the working regime;
4° the duration and content of the training and possible training;
5° the monetary benefits that the public employer grants to the staff member, in accordance with the status of the so-called public employer;
6° the procedure and evaluation criteria applicable during the possible training and training;
7° the rules relating to the civil liability of the public employer;
8° the transfer date;
9° the transfer procedure.
A copy of the employment regulations and statutes applicable to members of the statutory staff of the public employer is provided to the staff member.
PART 12. - Entry into force
Art. 28. This Act comes into force on 1er July 2014 with the exception of sections 24 and 25 that come into force on 31 December 2014 and section 27 that comes into force on the day of the publication of this Act in the Belgian Monitor.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 6 January 2014.
PHILIPPE
By the King:
The Prime Minister,
E. DI RUPO
Minister of Economy,
J. VANDE LANOTTE
The Minister of the Interior and Equal Opportunities,
Ms. J. MILQUET
The Minister of Social Affairs,
Ms. L. ONKELINX
Minister of Average Class,
Mrs. 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 Development Cooperation, absent:
Deputy Prime Minister and Minister of Social Affairs
and Public Health,
Ms. L. ONKELINX
Minister of Finance, Public Service,
K. GEENS
The Secretary to Environment and Mobility and Institutional Reforms,
Mr. WATHELET
The Secretary of State for Social Affairs and Families,
Ph. COURARD
State Secretary to Institutional Reforms,
S. VERHERSTRAETEN
State Secretary to the Public Service,
H. BOGAERT
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) Senate (www.senate.be):
Documents: 5-2234
Annales of the Senate: November 27 and 28, 2013.
House of Representatives (www.lachambre.be)
Documents: 53 3203
Full report: 18-19 December 2013.
Annex to the Law of 6 January 2014 on the Sixth State Reform concerning the matters referred to in Article 78 of the Constitution
List of statutory provisions referred to in Article 16