An Act To Amend The Act Of March 19, 2013 Cooperation To Development (1)

Original Language Title: Loi modifiant la loi du 19 mars 2013 relative à la Coopération au Développement (1)

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belgiquelex.be - Carrefour Bank of Legislation

9 JANVIER 2014. - An Act to amend the Development Cooperation Act of March 19, 2013 (1)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. In the title of the 19 March 2013 Law on Development Cooperation, the word "belge" is inserted between the words "cooperation" and the words "development".
Art. 3. Section 2, 3°, of the Act is replaced by the following:
"3° "the developing country": the country considered as developing country by the Development Assistance Committee of the Organisation for Economic Cooperation and Development;
3° /1 "the partner country": the developing country recognized as a partner of government cooperation;".
Art. 4. In article 2, 5°, of the same law, the words "relegated by a general convention of cooperation" are inserted between the words "cooperation programme" and the words "between the two countries".
Art. 5. In section 2, 6°, of the same law, the words ", on the basis of a regulatory subsidy system or a convention" are repealed.
Art. 6. In article 2 of the same law, the 6° /1 to 6° /9 are inserted as follows:
"6° /1 "the actor of non-governmental cooperation" (ACNG):
- a non-governmental organization (NGO) as defined in the 4th;
- a representative structure of NGOs;
- a partner of non-governmental cooperation;
6° /2 "the representative structure of NGOs": a federation or a cupola;
6° /3 "the federation": the organization that represents the whole or part of the NGOs and whose main function is the interface between the administration and the NGOs;
6° /4 "the cupola": the NGO representing NGOs and other organizations of the North-South movement in Belgium, whose main function is to carry out the tasks that its members give it in terms of advocacy and coordination of their development education activities and in developing countries;
6° /5 "the partner of non-governmental cooperation": the society, grouping, association or institution of public law or private law, other than an NGO, which can benefit from grants from the Belgian Development Cooperation for its activities in the field of development cooperation;
6° /6 "Education for Development": all the actions that aim to:
(a) foster a global understanding of international issues and development and the acquisition of a critical perspective;
(b) to bring about changes in individual and collective values and behaviour in favour of a fairer and more inclusive world;
c) to promote the active exercise of rights and responsibilities at the local and global levels in favour of a more just and supportive world.
These actions include political advocacy and capacity-building for international solidarity actors;
6° /7 "common context analysis" :
(a) for developing countries: the context analysis focused on civil society, decentralized authorities and public institutions and the conditions for their strengthening, carried out by several NSERCs and based on their own contextual analysis and similar exercises in the country or region;
b) for development education: the analysis of the landscape of development education, its actors, educational approaches and target audiences, carried out by several NSERCs and based on their own analyses and similar exercises carried out by other actors on this topic;
6° /8 "the law of 27 June 1921": the law of 27 June 1921 on non-profit associations, non-profit international associations and foundations;
6° /9 "the Royal Decree of 19 December 2003": the Royal Decree of 19 December 2003 on accounting obligations and the advertising of the annual accounts of certain non-profit associations, non-profit international associations and foundations;".
Art. 7. In section 2 of the same law, the 9° /1 and 9° /2 are inserted as follows:
"9° /1 "the synergy project": the set of activities carried out by at least three ACNG to achieve the same specific objective;
9° /2 "the project of partnership with government cooperation": the set of activities to achieve a specific objective complementary to the programme of cooperation of government or in synergy with this programme;".
Art. 8. In article 2 of the same law, the 15° /1 and 15° /2 are inserted as follows:
"15° /1 "the humanitarian crisis": the conflict, the situation of violence or the catastrophe in a developing country, of human or natural origin and that has made human victims;
15° /2 "the international donor humanitarian fund": the joint management fund under the control of one or more international organizations and intended to allow for joint funding of humanitarian assistance in certain developing countries or for the benefit of certain themes;".
Art. 9. Section 2 of the Act is supplemented by the 23° and 24° as follows:
"23° "administration": the General Directorate of Development Cooperation and Humanitarian Aid of the Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation;
24° "The criteria determined by the DAC": the criteria of relevance, efficiency, impact and sustainability as defined by the Development Assistance Committee of the Organisation for Economic Cooperation and Development. "
Art. 10. § 1er. In Article 11, § 1er, from the same law, the word "thematics" is replaced by the word "themes".
§ 2. In Article 11, § 2, paragraph 1er, from the same law, the words "transversely" are replaced by the words "the following transverse themes".
Art. 11. In Article 16 of the Act, § 2 is replaced by the following:
"§2. The King establishes, by order deliberately in the Council of Ministers, a maximum of five regional organizations partners of government cooperation, according to one of the following criteria:
1° at least one member of the organization is a partner country and the intervention of the organization is linked to a priority theme or a priority area within the meaning of articles 11 and 19;
2° the organization's expertise justifies its intervention as part of an exit strategy referred to in section 17. "
Art. 12. Section 23 of the Act is replaced by the following:
"Art. 23. To benefit from voluntary contributions as a partner of multilateral cooperation, the international organization meets the following criteria:
1° the general objectives of the international organization are consistent with those of the Belgian Development Cooperation referred to in Chapter 2;
2° the international organization has a logical, planned, results-oriented approach that emerges from development programmes allowing an assessment of the use of multilateral cooperation contributions;
3° The contributions of multilateral cooperation are consistent with the possible contribution to the international organization by other development cooperation actors, with a view to harmonizing all the contributions of development cooperation and maximizing their impact.
The King determines the modalities and procedure for selecting international organizations to which voluntary contributions are made.
The King shall establish, by order deliberately in the Council of Ministers, a list of up to twenty international organizations to which voluntary contributions are made. "
Art. 13. Section 26 of the Act is replaced by the following:
"Art. 26. § 1er. To be approved as an NGO, the organization meets the following conditions:
1° to be incorporated in accordance with the law of 27 June 1921;
2° having as the main social object cooperation in development;
3° having a relevant experience of at least five years in one or more areas of development cooperation, whose objective is to contribute to the strengthening of civil society or decentralized governments in developing countries or to guarantee access to education for the development of citizens in Belgium;
4° to have a demountable societal base in Belgium, based on indicators, in accordance with the terms determined by the King;
5° be autonomous, in accordance with the terms determined by the King;
6° to have an annual turnover, subsidies from the Belgian state to the budget of development cooperation not included, at least equivalent to the amount determined by the King;
7° have sufficient human resources according to the conditions determined by the King;
8° have a double accounting in accordance with the Royal Decree of 19 December 2003;
9° have an efficient system of control of the organization, whose quality is reviewed periodically by the administration, in accordance with the terms determined by the King.
Accreditation is granted by the Minister for a period of ten years.
Accreditation is withdrawn when:
1° the organization no longer meets the conditions set out in paragraph 1er;
2° the organization does not meet all the administrative and financial obligations it has in the context of the subsidy of its activities;
3° fraud is found in the head of the organization;
4° the organisation, for five consecutive years, did not receive subsidies from the Belgian State in charge of the budget of development cooperation.
The withdrawal of the approval results in the immediate termination of the liquidation of the grant.
The King determines the procedure for granting and withdrawing the approval.
§ 2. To be approved as a federation, the organization meets the following conditions:
1° to be incorporated in accordance with the law of 27 June 1921;
2° having as members a majority of NGOs accredited under § 1er under the language regime of the federation;
3° accept as a member any NGOs approved under § 1er applying for affiliation;
4° grant the right to vote to the General Assembly to all its members;
5° have an efficient system of control of the organization, whose quality is reviewed periodically by the administration, in accordance with the terms determined by the King.
There is at most a federation approved by language regime.
Accreditation is withdrawn when:
1° the organization no longer meets the conditions set out in paragraph 1er;
2° the organization does not meet all the administrative and financial obligations it has in the context of the subsidy of its activities;
3° fraud is found in the head of the organization.
The withdrawal of the approval results in the immediate termination of the liquidation of the grant.
The King determines the procedure for granting and withdrawing the approval.
§ 3. To be approved as a dome, the organization meets the following conditions:
1° to be incorporated in accordance with the law of 27 June 1921;
2° having as members a majority of NGOs accredited under § 1er the linguistic regime of the dome;
3° grant the right to vote to the General Assembly to all its members;
4° have an efficient system of control of the organization, whose quality is reviewed periodically by the administration, in accordance with the terms determined by the King.
There is a maximum of a cupola approved by language regime.
Accreditation is withdrawn when:
1° the organization no longer meets the conditions set out in paragraph 1er;
2° the organization does not meet all the administrative and financial obligations it has in the context of the subsidy of its activities;
3° fraud is found in the head of the organization.
The withdrawal of the approval results in the immediate termination of the liquidation of the grant.
The King determines the procedure for granting and withdrawing the approval.
§ 4. To obtain the status of a non-governmental cooperation partner, the organization meets the following conditions:
1° having benefited, over the last seven years, from five years of subsidies from the Belgian state to the budget of development cooperation;
2° having an annual turnover, subsidies from the Belgian State in charge of the budget of development cooperation included, at least equivalent to the amount determined by the King;
3° have sufficient human resources according to the conditions determined by the King;
4° having appointed an auditor of accounts among the members of the Institute of Directors of Business;
5° have a double accounting in accordance with the Royal Decree of 19 December 2003;
Holding an analytical accounting;
7° have an efficient system of control of the organization, whose quality is reviewed periodically by the administration, in accordance with the terms determined by the King.
A registered organization as an NGO cannot obtain the status of a non-governmental cooperation partner.
The status is granted by the Minister for a period of ten years.
The status is withdrawn when:
1° the organization no longer meets the conditions set out in paragraph 1er;
2° the organization does not meet all the administrative and financial obligations it has in the context of the subsidy of its activities;
3° fraud is found in the head of the organization.
The decision to withdraw the status is therefore the immediate termination of the liquidation of the grant.
The King determines the procedure for granting and withdrawing status.
§ 5. An organization approved as an NGO in accordance with § 1er may apply for additional approval in order to apply for a program grant.
In order to obtain additional approval, the organization shall meet the conditions set out in § 4, paragraph 1er.
Complementary accreditation is granted by the Minister for a period of ten years.
Additional approval is withdrawn when:
1° the organization no longer meets the conditions provided for in § 4, paragraph 1er;
2° the organization does not meet all the administrative and financial obligations it has in the context of the subsidy of its activities;
3° the approval of the organization referred to in § 1er is removed.
The withdrawal of the approval results in the immediate termination of the liquidation of the grant.
The King determines the terms of the procedure for granting and withdrawing the supplementary approval. "
Art. 14. Section 27 of the Act is replaced by the following:
"Art. 27. § 1er. Only organizations that have the status of a non-governmental cooperation partner and NGOs that have the complementary approval referred to in Article 26, § 5, may apply for a grant from a program.
To be funded, the program meets the following conditions:
1° to be included in the strategic plan established by the NAC in accordance with the terms determined by the King;
2° indicate, by specific objective, how the program takes at least one common context analysis into account;
3° respect a logical results-oriented approach that makes possible the annual monitoring of the specific country objectives, attested in accordance with the terms determined by the King;
4° meet the criteria determined by DAC;
5° to present a specific budget for the duration of the program, including all the material, financial and human resources necessary to achieve the results targeted by specific objective;
6° having a duration of five years.
To be funded, the programme of activities in developing countries also meets the following conditions:
1° limit its interventions to one or more countries in the list established by the King, by order deliberately in the Council of Ministers;
2° to concentrate its means in a limited number of countries, in accordance with the terms determined by the King;
3° contribute, through transparent and balanced partnerships, to building the capacities of local partners.
To be funded, the program whose activities are limited to development education also has a budget at least equivalent to the amount determined by the King.
The King determines the terms and procedure for subsidizing the programs.
§ 2. Only organizations accredited as NGOs in accordance with Article 26, § 1er, which do not have subsidized programs, may apply for a project grant.
To be funded, the project meets the following conditions:
1° register in the strategic plan established by the NGO in accordance with the terms determined by the King;
2° indicate how the project takes at least one common context analysis into account;
3° respect a logical results-oriented approach that makes possible the follow-up of the specific objective, attested in accordance with the terms determined by the King;
4° meet the criteria determined by DAC;
5° to present a specific budget for the duration of the project, including all the material, financial and human resources necessary to achieve the intended results;
6° provide for an annual average budget at least equivalent to the amount determined by the King;
7° have a duration of three to five years.
To be funded, the project in a developing country also meets the following conditions:
1° limit its interventions to a country in the list prepared by the King, by order deliberately in the Council of Ministers;
2° provide a description of the local partner or local partners who collaborate in the project, in accordance with the terms determined by the King.
Organizations referred to in paragraph 1er introduce applications for their projects through a representative NGO structure.
The King determines the modalities and procedure for subsidizing projects, including the tssches of NGO representative structures in this procedure.
The King also determines how representative structures are subsidized for their tasks under the project subsidy procedure.
§ 3. When, in a common context analysis, at least three NSERCs, other than federations, identify opportunities for synergy between them and possibly with other organizations, they may jointly apply for a synergy project grant.
To be funded, the synergy project meets the following conditions:
1° to be included in the strategic plans established by the requesting NACs in accordance with the terms determined by the King;
2° indicate how the synergy project takes at least one common context analysis into account;
3° respect a logical results-oriented approach that makes possible the follow-up of the specific objective, attested in accordance with the terms determined by the King;
4° meet the criteria determined by DAC;
5° to present a specific budget for the duration of the synergy project, including all the material, financial and human resources necessary to achieve the intended results;
6° provide for an annual average budget at least equivalent to the amount determined by the King;
7° have a duration of three to five years.
In order to be subsidized, the synergy project, which operates in developing countries, also provides synergy with local NSERC partners.
The King determines the terms and procedure for subsidizing synergy projects.
§ 4. The competent Belgian federal representation in the partner country of government cooperation can, on the basis of a program of government cooperation, appeal for partnership projects with government cooperation in the target country.
The appeal clearly mentions what complementarity the government cooperation program aims, such as relative complementarity:
1° to sectors;
2° to the geographical area;
3° to target groups.
All NACs active in the country concerned and subsidized under this Act may apply for a grant of partnership projects with government cooperation to the competent Belgian federal representation.
In order to be subsidized, the partnership project with government cooperation meets the conditions set out in § 2, paragraph 2, 1 and 3° to 7°.
The King determines the terms and procedure for subsidizing partnership projects.
§ 5. Organizations that have the status of a partner of non-governmental cooperation from the academic or scientific world may apply for grants concerning:
1° training and scholarships for nationals from developing countries;
2° of scientific research activities carried out at the request of the Minister or the administration to support the development cooperation policy.
The King determines the terms and procedure for subsidizing these activities.
§ 6. The King determines the tssches of NGO representative structures in the field of:
1° strengthening the professionalization of NGOs and improving the quality of their interventions;
2° networking of actors of development cooperation and promoting complementarities and synergies;
3° coordination of the positions of their members during consultations with the public authorities.
The King determines the terms and procedure for subsidizing these tasks.
§ 7. Common contextual analysis referred to in §§ 1er to 3 are approved by the administration for a period of ten years, with an update during the fifth year, approved by the administration.
The period for which the common context analysis referred to in the synergy program, project or project is approved ends as soon as the synergy program, project or project is completed.
The King determines the content of common contextual analyses, their maximum number of development education, and the procedure for approval of these analyses and their updates.
The King also determines the terms of the NSERC grant for their participation in the process of carrying out common contextual analyses. "
Art. 15. Section 28 of the Act is replaced by the following:
"Art. 28. § 1er. Interventions by local civil society organizations present in partner countries and with sufficient management capacity to achieve their own objectives alone can be subsidized, in a limited number of partner countries, on the proposal of the competent Belgian federal representation and in consultation with Belgian actors active on the ground.
§ 2. For its intervention to be subsidized, the local civil society organization meets the following conditions:
1° be incorporated as a non-profit entity in the country of the intervention;
2° having a relevant experience of at least three years at the time of the application, attested by its activity reports as well as by other donors or other local civil society organizations active in the area of the intervention;
3° rest on organizational structures that meet regularly and operate democratically;
4° have sufficient management capacity for the intended intervention;
5° have a transparent accounting.
§ 3. To be subsidized, the intervention meets the following conditions:
1° to present a specific budget for the duration of the intervention, including all the material, financial and human resources necessary to achieve the intended results;
2° provide for a budget at least equivalent to the amount determined by the King;
3° meet the criteria determined by DAC.
§ 4. The King determines the terms and procedure for subsidizing these interventions. "
Art. 16. Section 29 of the Act is replaced by the following:
"Art. 29. § 1er. The granting of humanitarian assistance follows the following principles:
1° humanity: every person must be treated humanly in all circumstances;
2° impartiality: humanitarian assistance is granted without discrimination and only on the basis of needs;
3° neutrality: the action undertaken cannot favour any part;
4° Independence: the objectives of humanitarian assistance are autonomous in relation to military, political, economic, religious or other non-humanitarian objectives.
§ 2. The following activities may be funded through humanitarian assistance:
1° support for measures that promote a rapid response in the event of humanitarian crises;
2° protection and assistance to victims of humanitarian crises by addressing vital needs and improving the living conditions of affected populations;
3° the reconstruction and strengthening of institutions and the rehabilitation of infrastructure;
4° transition actions that allow the revitalization of the socio-economic fabric and civil society;
5° disaster preparedness;
6° the conduct of studies and evaluations and the implementation of actions to make humanitarian aid more effective and efficient;
7° the promotion of international humanitarian law.
§ 3. These activities can be funded by:
1° grants to programs;
2° grants to projects;
3° contributions to the general means of international humanitarian organizations;
4° contributions to international donor humanitarian funds.
§ 4. These grants and contributions may benefit from the following categories of organizations:
1° Belgian humanitarian NGOs;
2° International humanitarian NGOs;
3° international humanitarian organizations;
4° the organizations that manage the international humanitarian funds of donors.
The King determines the organizations that belong to these categories and the conditions to be met by these organizations to introduce the above-mentioned applications for grants or contributions. "
Art. 17. Section 30 of the Act is replaced by the following:
"Art. 30. § 1er. Only Belgian humanitarian NGOs and international humanitarian organizations can apply for a program grant.
Each organization can only get the grant from one program at a time.
To be funded, the program meets the following conditions:
1° register in the humanitarian strategy established by the organization in terms of geographical or thematic priorities;
2° respect a logical results-oriented approach that makes possible the follow-up of the specific objectives, attested in accordance with the terms determined by the King;
3° meet the criteria determined by DAC;
4° to present a specific budget for the duration of the programme with an indication of budget allocations based on results;
5° provide for a total budget at least equivalent to the amount determined by the King;
6° have a maximum duration of twenty-four months, with a possible extension of up to six months.
§ 2. To be funded, the project meets the following conditions:
1° register in the humanitarian strategy established by the organization;
2° respect a logical results-oriented approach that makes possible the follow-up of the specific objective, attested in accordance with the terms determined by the King;
3° meet the criteria determined by DAC;
4° to present a specific budget for the duration of the project, with an indication of budget allocations based on the results;
5° provide for a total budget at least equivalent to the amount determined by the King, with the exception of projects concerning an activity referred to in Article 29, § 2, 6°;
6° have a maximum duration of eighteen months.
§ 3. In order to provide a contribution to the general means of an international humanitarian organization, the following conditions are met:
1° register in the humanitarian strategy established by the organization;
2° respect a results-oriented logical approach;
3° having a maximum duration of three years.
§ 4. To be granted, the contribution to an international donor humanitarian fund meets the following conditions:
1st to be linked to the funding that the fund needs to meet the humanitarian needs targeted by the fund;
2° to be based on an analysis of the management of the fund, both with respect to the awarding of needs and financial procedures;
3° having a maximum duration of two years.
§ 5. The King determines the terms and procedure for the grant of programs and projects and the granting of contributions. "
Art. 18. In section 32 of the Act, the following amendments are made:
1° in paragraph 1er, the words "criteria fixed by OECD's DAC, namely relevance, efficiency, sustainability and impact, as well as on sustainability" are replaced by the words "criteria determined by the DAC";
2° in paragraph 3, the word "valued" is inserted between the words "this results" and the words "in the decision".
Art. 19. In article 33 of the same law, the words "article 2, 5°, 6° and 7°, " are replaced by the words "article 2, 5° and 6°, ".
Art. 20. Section 34 of the Act is replaced by the following:
"Art. 34. The King shall determine the instruments necessary to ensure the external evaluation of all Belgian development cooperation interventions in relation to the objectives set out in Chapter 2 and the criteria set out in Article 32. "
Art. 21. In the same Act, an article 37/1 is inserted as follows:
"Art. 37/1. § 1er. By derogation from section 37, paragraph 2, are repealed from 1er January 2017:
1° the Royal Decree of 23 December 2002 enforcing Article 11 of the Law of 25 May 1999 on Belgian International Cooperation;
2° the Royal Decree of 14 December 2005 on the approvals of non-governmental development organizations;
3° the Royal Decree of 24 September 2006 on the grant of programs and projects submitted by non-governmental organizations for accredited development;
4th Royal Decree of 7 February 2007 regulating the accreditation and subsidy of federations of non-governmental development organizations;
5° the ministerial decree of 30 May 2007 implementing the Royal Decree of 24 September 2006 on the grant of programs and projects submitted by non-governmental organizations of approved development. "
Art. 22. In the same Act, an article 37/2 is inserted as follows:
"Art. 37/2. § 1er. Organizations approved in accordance with the aforementioned Royal Decree of 14 December 2005 shall retain their approval under the conditions of the said Order until 31 December 2016.
From 1er January 2014, no application for approval can be filed on the basis of the said order.
§ 2. Organizations approved in accordance with the above-mentioned Royal Decree of 7 February 2007 retain their approval under the conditions of the said Order until 31 December 2016.
§ 3. Organizations that have the status of partner of indirect bilateral cooperation in accordance with the Royal Decree of 23 December 2002 above shall retain this status under the conditions of the said order until 31 December 2016.
§ 4. Organizations wishing to obtain an approval or status pursuant to section 26 shall apply to the Minister by December 31, 2014.
§ 5. Subsidized programmes and projects of the organizations referred to in § 1er, beginning between 1er January 2014 and December 31, 2016, have a maximum duration of three years and two years respectively and end by December 31, 2016.
They are introduced and executed in accordance with the aforementioned Royal Decree of 24 September 2006 and the above-mentioned Ministerial Order of 30 May 2007.
§ 6. Subsidized programmes of the organizations referred to in § 3, beginning between 1er January 2014 and December 31, 2016, have a maximum duration of three years and end by December 31, 2016.
They are introduced and executed in accordance with the Royal Decree of 23 December 2002 implementing Article 11 of the Law of 25 May 1999 on Belgian International Cooperation.
§ 7. Organizations that apply in accordance with Article 26 shall communicate to the administration the common contextual analyses referred to in Article 27, §§ 1er at 3, by December 31, 2015. "
Art. 23. In the same law, an article 37/3 is inserted as follows:
"Art. 37/3. The following amendments are made in the Royal Decree of 24 September 2006 on the Grant of Programs and Projects submitted by accredited non-governmental development organizations:
1° in Article 1er, 5°, the phrase "Establi for a period of six years, it is realized either by programmes or by projects" is replaced by the following sentence:
"It is carried out either by programs or by projects;"
2° in Article 1er, 6°, the sentence "A program has a duration of three years;" is replaced by the following sentence:
"A program has a maximum duration of three years and ends on or before December 31, 2016; ";
3° in article 1er, 7°, the sentence "A project has a maximum duration of two years;" is replaced by the following sentence:
"A project has a maximum duration of two years and ends on or before December 31, 2016; ";
4° in Article 9, paragraph 1er, the 6° is replaced by the following:
"6° with regard to the South component, be executed in one of the following countries: Afghanistan, South Africa, Benin, Bolivia, Burkina Faso, Burundi, Cambodia, Cameroon, Ecuador, Haiti, Mali, Morocco, Mozambique, Niger, Palestine, Peru, Democratic Republic of the Congo, Rwanda, Senegal, Tanzania and Vietnam.";
5° in Article 10, § 1erparagraphs 2 to 4 are repealed;
6° in article 16, paragraph 1er, 4°, first dash, the words "in three years" are replaced by the words "in the course of the program";
7° Article 16, paragraph 1er, is completed by the 5th written as follows:
"5° with respect to the South flap:
(a) limit its interventions to:
(a.1) not more than 10 countries in the following list:
Angola, Bangladesh, Benin, Bolivia, Brazil, Burkina Faso, Burundi, Cambodia, Cameroon, China, Colombia, Côte d'Ivoire, Cuba, El Salvador, Ecuador, Ethiopia, Gambia, Guatemala, Guinea, Guinea Bissau, Haiti, Honduras, India, Indonesia, Kenya, Laos, Madagascar, Mali, Morocco, Mauritania, Mexico, Mozambique, Namibia, Nepal, Nicaragua, Niger, Uganda, Rwanda, Senegal, Philippines, South Africa, South Africa
a.2) not more than three regions comprising countries listed in the list resumed in (a.1), without the total number of countries and regions where interventions take place, provided that the programme develops a coherent thematic approach in the region justified by one of the following situations:
- a problem in a country has significant impacts in one or more neighbouring countries and requires a comprehensive approach at the regional level;
- a common problem is identified in a homogeneous region crossed by one or more international borders;
- a similar problem in different countries in a region requires a joint approach to increase the effectiveness of the intervention;
b) provide for an average budget per country at least 500,000 euros for a three-year programme or 330,000 euros for a two-year programme, including all means available by the Belgian State in charge of the development cooperation budget and the NGO's own contributions. ";
8° in Article 16, a paragraph written as follows is inserted between paragraphs 1er and 2:
"The condition under paragraph 1er, 5°, b), is not applicable in the following cases:
1° the specific objectives of the programme are achieved without financing local partners directly and continuously;
2° the program aims to integrate one or more topics referred to in Article 11 into the activities of local partners;
3° the programme aims at exchanges between developing countries and receives at least 500,000 euros from an international NGO network. ";
9° Article 16 is supplemented by a paragraph 4, which reads as follows:
"The Minister sets out the terms of the coherent thematic approach referred to in paragraph 1er, 5°, (a), (.2), as well as the terms and conditions of the exceptions set out in paragraph 2. ";
10° in Article 17, § 1erparagraphs 2 to 4 are repealed;
11° in section 20, paragraph 1er is replaced by the following:
"The subsidy is released in semi-annual instalments, based on the approved schedule and actual disbursements of the program, upon presentation of a claim for each instalment and supported, for each claim except the first, a financial statement of expenses."
Art. 24. Section 38 of the Act is replaced by the following:
"Art. 38. This Act comes into force on the day of its publication to the Belgian Monitor, with the exception of Article 26, §§ 1er and 2, § 3, paragraph 1er4°, and §§ 4 and 5, and Article 27 §§ 1er to 4, effective 1er January 2017. ".
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 9 January 2014.
PHILIPPE
By the King:
Minister of Development Cooperation,
J.-P. LABILLE
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) Session 2012-2013.
House of Representatives
Documents. Henry et al. Bill 53 2923/001. - Amendments, 53 2923/002. - Report, 53,2923/003. - Text adopted by the Commission, 53 2923/004. - Text adopted in plenary and transmitted to the Senate, 53,2923/005.
See also:
Full report. - 16-17 July 2013.
Senate.
Documents. - Project referred to by the Senate, 5-2223, No. 1.
Session 2013-2014.
Senate.
Documents. - Amendments, 5-2223, No. 2. - Report, 5-2223, No. 3. - Text amended by the Commission, 5-2223, No. 4. - Text amended by the Senate and referred to the House of Representatives, 5-2223, No. 5.
See also:
Annales of the Senate. - 21 November 2013.
Session 2012-2013.
House of Representatives
Documents. - Draft amended by the Senate, 53,2923/006. - Report, 53,2923/007. - Text corrected by the commission, 53 2923/008. - Text adopted in plenary and subject to Royal Assent, 53,2923/009.
See also:
Full report. - 12 December 2013.