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6 JANVIER 2014. - An Act to amend the Act of 19 May 1994 relating to the limitation and control of election expenses incurred for the election of the European Parliament and to amend the Act of 19 May 1994 regulating the electoral campaign, concerning the limitation and reporting of election expenses incurred for the elections of the Walloon Parliament, the Flemish Parliament, the Parliament of the Brussels-Capital Region and the Parliament of the German-speaking Community, and setting out the criteria for the control of official communications of the public

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Amendments to the Act of 19 May 1994 on the limitation and control of election expenses incurred for the election of the European Parliament
Art. 2. Article 1^er of the Act of 19 May 1994 on the limitation and control of election expenses incurred for the election of the European Parliament, last amended by the Act of 12 March 2009, the following amendments are made:
1° in paragraph 1^er, 1°, the words "for the elections of the Federal Chambers" are replaced by the words "for the election of the House of Representatives";
2° paragraph 1^er is completed by a 6° written as follows:
"6° a company: any natural person or legal person who pursues a sustainable economic purpose, including his associations. ";
3° in paragraph 3, the words "federal Chambers" are replaced by the words "of the House of Representatives".
Art. 3. Article 2, § 4, of the same law is repealed.
Art. 4. In Article 4, § 1^er, of the same law, the word "three" is replaced by the word "four".
Art. 5. In article 4bis of the same law, last amended by the law of 27 March 2006, the words "of article 4bis" are replaced by the words "of articles 14/2 to 14/4".
Art. 6. Article 5, § 1^erin the same Act, last amended by the Act of 12 March 2009, the following amendments are made:
1° in the introductory sentence, the word "three" is replaced by the word "four";
2° in 5°, the words "no paid messages on the internet" are repealed;
3° the paragraph is supplemented by a 6° written as follows:
"6° cannot receive sponsoring whose amount or value of products per sponsor exceeds the sum of 2,000 euros."
Art. 7. In section 6 of the Act, last amended by the Act of 27 March 2006, the following amendments are made:
1° in paragraph 1^er, 3°, the word "two" is replaced by the word "five";
2° a paragraph is inserted between paragraphs 2 and 3:
"As long as the sponsorship is mentioned in their statement of origin of the funds, they are also committed to registering the identity of companies, de facto associations and legal persons who, for the purpose of financing the election expenses, made a sponsorship of 125 euros and more, and to communicate them, within forty-five days after the date of the elections, in accordance with the procedure referred to in paragraph 1^erTwo. ";
3° in paragraph 3, becoming paragraph 4, the words "paragraph 2" are replaced by the words "paragraphs 2 and 3".
Art. 8. In section 7, paragraph 2, 1°, of the Act, as amended by the Act of 25 April 2004, the words "restricting and controlling election expenses incurred in the elections of the Federal Chambers, as well as in the financing and open accounting of political parties" are repealed.
Art. 9. Section 7bis, first sentence, of the same Act, inserted by the Act of 25 April 2004, is replaced by the following:
"The Chairman of the Supervisory Board shall forthwith transmit to the Court of Accounts, by registered fold, a copy of the reports which have been sent to him in accordance with Article 94ter, § 2, of the Electoral Code by ordering him to render, pursuant to Article 1^er5°, paragraph 2, within one month, notice of the accuracy and completeness of these reports. ".
Art. 10. In section 8 of the Act, replaced by the Act of 25 April 2004, § 3 is replaced by the following:
§ 3. The President of the House of Representatives shall forthwith transmit a copy of the report, by registered fold, as the case may be, to the political party or to the person in respect of whom the commission has made the decision referred to in § 2, paragraph 1^er.
It also transmits without delay a copy of the report to the services of the Belgian Monitor, which publish it in the annexes of the Belgian Monitor within thirty days of its receipt. ".
Art. 11. Section 9 of the Act, last amended by the Act of 12 March 2009, is replaced by the following:
"Art. 9. § 1^er. If a political party fails to file a statement or lately file a statement of election expenses and the origin of the funds allocated to it, the Monitoring Committee shall impose the following sanctions on the political party concerned:
1° an administrative fine of 1,000 euros per day of delay, with a maximum of 30,000 euros;
2° if the declaration was not received after thirty days: seizure of the endowment referred to in section 15 of the Act of 4 July 1989, until receipt of the declaration.
§ 2. If the statement of a political party of its election expenses and the origin of the funds allocated to it is incorrect or incomplete, the Supervisory Board may impose the following penalties:
1° a warning with a request to correct or complete the data within 15 days;
2° if, at the end of the fifteen days following the receipt of the warning, no patches were received:
- an administrative fine of 1,000 euros per day of additional delay, with a maximum of 30,000 euros;
- in case the correction was not received after thirty days of additional delay: seizure of the endowment referred to in section 15 of the Act of 4 July 1989 until the corrective was received.
§ 3. In case of exceedance of the maximum authorized amount referred to in Article 2, § 1^er, the Supervisory Commission shall impose on the political party concerned an administrative fine equal to the exceedance, however with a minimum of 25,000 euros and a maximum of four times the monthly endowment referred to in Article 15 of the Law of 4 July 1989.
§ 4. In case of violation of Article 2, § 1^erparagraph 3 or 4, or any subdivision of Article 5, § 1^erthe Monitoring Commission may impose one of the following sanctions on the political party concerned:
- a warning;
- an administrative fine of 1,000 euros to 250,000 euros. In case of recidivism, the administrative fine is doubled.
§ 5. As part of this article, the Supervisory Commission shall rule in respect of the rights of defence.".
Art. 12. In section 10 of the Act, last amended by the Act of 12 March 2009, the following amendments are made:
1° § 1^er, 3°, is replaced by the following:
"3° who has failed to declare his election expenses and/or the origin of the funds within the time limit set out in Article 116, § 6, of the Electoral Code, or has made a deliberately incomplete or deliberately erroneous declaration;"
2° in § 1^er, 4°, the word "three" is replaced by the word "four".
Art. 13. In section 11 of the Act, last amended by the Act of 25 April 2004, a paragraph is inserted between paragraphs 2 and 3:
"Each donation of 125 euros and more is transmitted electronically by means of a transfer, a permanent order or a bank or credit card. The total amount of cash donations by a single person may not exceed 125 euros per year.".
Art. 14. In the same Act, an article 11/1 is inserted, as follows:
"Art. 11/1. Companies, fact-finding associations and legal entities may, as a sponsorship, i.e., in exchange for advertising, make funds or products available to political parties and their components, lists, candidates and political agents, provided that they meet market prices. The identity of companies, fact-finding associations and legal persons who made a sponsorship of 125 euros and more, in any form, to political parties, their components, lists, candidates and political agents, is registered annually, without prejudice to the registration requirement referred to in Article 6, paragraph 3, of this Act and to Article 116, § 6, paragraph 3, of the Electoral Code."
The political party that accepts a sponsorship in violation of this provision shall lose, to a maximum of double the amount of sponsoring, its right to endowment, which, under Chapter III of the Act of 4 July 1989 would be allocated to the institution referred to in Article 22 of the same Act during the months following the finding of this offence by the Supervisory Board.
Whoever, in violation of this provision, has made a sponsorship to a political party, to one of its components - regardless of its legal form -, to a list, to a candidate or to a political agent or who, as a candidate or political agent has accepted a sponsorship, will be punished by a fine of 26 euros to 100.000 euros. Whoever, without being a candidate or political agent, has accepted such sponsoring on behalf of and on behalf of a political party, a list, a candidate or a political agent will be punished by the same sanction.
The First Book of the Criminal Code, including Chapter VII and section 85, is applicable to these offences.
If ordered by the court, the judgment may be published entirely or by extract in the newspapers and weekly newspapers that it designates.".
Art. 15. In section 11bis of the Act, last amended by the Act of 25 April 2004, the words "6 and 11" are replaced by the words "6, 11 and 11/1" and the words "paragraph 2" are replaced by the words "paragraphs 2 and 3".
CHAPTER 3. - Amendments to the Act of 19 May 1994 regulating the electoral campaign, concerning the limitation and reporting of the election expenses incurred for the elections of the Walloon Parliament, the Flemish Parliament, the Parliament of the Brussels-Capital Region and the Parliament of the German-speaking Community, and setting the criteria for the control of the official communications of the public authorities
Art. 16. Article 1^er of the Act of 19 May 1994 regulating the electoral campaign, concerning the limitation and reporting of the election expenses incurred for the elections of the Walloon Parliament, the Flemish Parliament, the Parliament of the Brussels-Capital Region and the Parliament of the German-speaking Community, and setting the criterion for the control of the official communications of the public authorities, last amended by the Act of 27 March 2006, the following amendments are made:
(a) in the 1st, the words "for the elections of the Federal Chambers" are replaced by the words "for the election of the House of Representatives";
(b) the article is completed by a 6° written as follows:
"6° a company: any natural person or legal person who pursues a sustainable economic purpose, including his associations. ".
Art. 17. Section 2, § 7, of the Act, renumbered by the Act of 2 March 2004, is repealed.
Art. 18. In Article 4, § 1^er, of the same law, the word "three" is replaced by the word "four".
Art. 19. In article 4bis of the same law, last amended by the law of 27 March 2006, the words "of article 4bis" are replaced by the words "of articles 14/2 to 14/4".
Art. 20. Article 5, § 1^erin the same Act, last amended by the Act of 12 March 2009, the following amendments are made:
1° in the introductory sentence, the word "three" is replaced by the word "four";
2° in the 5°, the words "no paid messages on the Internet" are repealed;
3° the paragraph is supplemented by a 6° written as follows:
"6° cannot receive sponsoring whose amount or value of products per sponsor exceeds the sum of 2,000 euros."
Art. 21. In section 6 of the Act, last amended by the Act of 27 March 2006, the following amendments are made:
1° in paragraph 1^er, 3°, the word "two" and replaced by the word "five";
2° a paragraph is inserted between paragraphs 2 and 3:
"As long as the sponsorship is mentioned in their statement of origin of the funds, they are also committed to registering the identity of companies, de facto associations and legal persons who, for the purpose of financing the election expenses, made a sponsorship of 125 euros and more, and to communicate them, within forty-five days after the date of the elections, in accordance with the procedure referred to in paragraph 1^erTwo. ";
3° in paragraph 3, becoming paragraph 4, the words "paragraph 2" are replaced by the words "paragraphs 2 and 3".
Art. 22. In section 7, paragraph 2, 4, of the same Act, inserted by the Act of April 25, 2004, the words "relative to the limitation and control of election expenses incurred for the elections of the Federal Chambers, as well as to the financing and open accounting of political parties" are repealed.
Art. 23. Article 10, § 1^er, 3°, of the same law, replaced by the law of 25 June 1998, is replaced by the following:
"3° who has failed to declare his election expenses and/or the origin of the funds within the time limit set out in Article 116, § 6, of the Electoral Code, or has made a deliberately incomplete or deliberately erroneous declaration;".
Art. 24. In section 11 of the Act, last amended by the Act of 25 April 2004, a paragraph is inserted between paragraphs 2 and 3:
"Each donation of 125 euros and more is transmitted electronically by means of a transfer, a permanent order or a bank or credit card. The total amount of donations to cash received from a single person cannot exceed 125 euros per year.".
Art. 25. In the same Act, an article 11/1 is inserted, as follows:
"Art. 11/1. Companies, fact-finding associations and legal entities may, as a sponsorship, i.e. in exchange for an advertisement, make funds or products available to political parties and their components, lists, candidates and political agents, provided that they meet market prices. The identity of companies, fact-finding associations and legal persons who have donated 125 euros and more, in any form, to political parties, their constituents, lists, candidates and political agents, shall be registered annually, without prejudice to the registration requirement referred to in Article 6, paragraph 3, of this Act and to Article 116, § 6, paragraph 3 of the Electoral Code.
The political party that accepts a sponsorship in violation of this provision shall lose, to a maximum of double the amount of sponsoring, its right to endowment, which, under Chapter III of the Act of 4 July 1989 would be allocated to the institution referred to in Article 22 of the same Act during the months following the finding of this offence by the Supervisory Board.
Whoever, in violation of this provision, has made a sponsorship to a political party, to one of its components - regardless of its legal form -, to a list, to a candidate or to a political agent or who, as a candidate or political agent has accepted a sponsorship, will be punished by a fine of 26 euros to 100.000 euros. Whoever, without being a candidate or political agent, has accepted such sponsoring on behalf of and on behalf of a political party, a list, a candidate or a political agent will be punished by the same sanction.
The First Book of the Criminal Code, including Chapter VII and section 85, is applicable to these offences.
If ordered by the court, the judgment may be published entirely or by extract in the newspapers and weekly newspapers that it designates.".
Art. 26. In section 11bis of the Act, as amended by the Act of 25 April 2004, the following amendments are made:
1° in the first sentence, the words "6 and 11" are replaced by the words "6, 11 and 11/1" and the words "paragraph 2" are replaced by the words "paragraphs 2 and 3";
2° in the second sentence, the number "11" is replaced by the words "6, 11 and 11/1".
CHAPTER 4. - Entry into force
Art. 27. Articles 4 to 7, 11 to 15, 18 to 21 and 23 to 26 come into force on 1^er January 2015.
Articles 2, 3, 8 to 10, 16, 17 and 22 come into force on the day of the elections of the Community and Region Parliaments in 2014.
Articles 1^er and 27 come into force on the day of the publication of this Act to 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
The Minister of the Interior,
Ms. J. MILQUET
State Secretary to Institutional Reforms,
Mr. WATHELET
State Secretary to Institutional Reforms,
S. VERHERSTRAETEN
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
House of Representatives (www.lachambre.be):
Documents: 53-2973
Full report: 28 November 2013.
Senate (www.senate.be):
Documents: 5-2377.
Annales of the Senate: December 19, 2013.