belgiquelex.be - Carrefour Bank of Legislation 21 DECEMBER 2013. - Act respecting various provisions of the Interior (1)
PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
PART I
er. - General provision
Article 1
er. This Act regulates a matter referred to in Article 78 of the Constitution.
PART II. - Police
CHAPTER 1
er. - Protection provisions
integrated police uniform
Art. 2. For the purposes of this chapter, "police uniform" means a part or all of the equipment of the integrated police that corresponds to the characteristics and sizes of the integrated police uniform provided for in the regulations and their enforcement measures and that bears the police logo or a specific police marking or the mention "Politie", "Police" or "Polizei" or a combination thereof.
Is assimilated to this police uniform an imitation, a replica or a more or less faithful copy of this police uniform or of a garment or object that can be considered by any reasonable person as a part of the police uniform and which carries the police logo or any derivative thereof, regardless of colour, or a specific police marking or the mention "Politie", "Poilice" or "Polize them.
Art. 3. Except in the cases referred to in Article 6, § 1
er, any natural or legal person who buys or sells, remotely or not, sells, rents or rents, offers for rent, gives or receives in deposit or in pledges, borrows or lends, manufactures or imports, the whole or a piece of the police uniform, referred to in Article 2, shall be punished by imprisonment of eight days to one year and a fine of 50 euros to 50,000 euros, or of.
Art. 4. Except in the case referred to in Article 6, § 2, and without prejudice to Article 228 of the Criminal Code, shall be punished by a fine of 200 euros to 1,000 euros, any person carrying the police uniform referred to in Article 2, paragraph 1
er, while it is not authorized to do so, even without the intention of suggesting that it has police skills.
Art. 5. Without prejudice to Article 228 of the Criminal Code, is punishable by a fine of 200 euros to 1,000 euros, any person who, fraudulently or maliciously, carries the police uniform, referred to in Article 2, paragraph 2.
Art. 6. § 1
er. Section 3 does not apply to:
1° the manufacture and storage of samples of the police uniform referred to in section 2, paragraph 1
eralso in subcontracting, as part of public market participation launched by the federal police;
2° the manufacture, also in subcontracting, and the sale to the federal police of police uniform pieces referred to in section 2, paragraph 1
erby anyone who has been awarded the public market by the federal police;
3° the sale and sale of parts of the police uniform referred to in article 2, paragraph 1
erby the official point of sale designated by the federal police and the provision of these documents by the federal police;
4° the manufacture and storage of samples of the police uniform referred to in section 2, paragraph 1
er, also in subcontracting, as part of participation in a public market launched by the local police;
5° the manufacture, also in subcontracting, of pieces of the police uniform, referred to in article 2, paragraph 1
erby anyone who has been assigned the public market by the local police;
6° the sale and sale of pieces of the police uniform referred to in article 2, paragraph 1
er, by anyone who has been assigned the public market by the local police, to members of the operational framework of the integrated police, the Inspectorate General of the federal police and the local police and the Standing Committee for the Control of Police Services, upon presentation of the legitimation card they hold and their identity card, or to the logistics officer of the local police zone and also the provision of these documents by the local police zone
7° the purchase of police uniform parts, referred to in section 2, paragraph 1
er, by members of the operational framework of the Integrated Police, the General Inspectorate of the Federal Police and the Local Police and the Standing Committee for the Control of the Police Services, on the presentation of the legitimation card they are carrying and their identity card, or by the logistics officer of the local police zone or, to anyone who has been assigned the public market by the local police zone or by the federal police
8° Receipt and retention by members of the operational framework of the Integrated Police, the General Inspectorate of the Federal Police and the Local Police and the Standing Committee on the Control of Police Services, of police uniforms, referred to in Article 2, paragraph 1
erwhether they have been purchased or made available to them by the local police or the federal police;
9° the preservation of the basic equipment of the police uniform referred to in section 2, paragraph 1
er, by the staff member of the operational framework of the Integrated Police, the General Inspectorate of the Federal Police and the Local Police and the Standing Committee for the Control of the Police Services, who leaves the pension or in the event of death, by his or her first-degree heirs or by his or her legal cohabitant, provided that such documents are not worn and are not disposed of or lent, free of charge or against pay, except with
10° the exceptions set by Royal Decree and granted by, as the case may be, the Head of Body, the Commissioner General or the service they designate.
§ 2. Section 4 does not apply to the wearing of the police uniform referred to in section 2, paragraph 1
er, by persons other than members of the operational framework of the Integrated Police, the General Inspectorate of the Federal Police and the Local Police and the Standing Committee for the Control of Police Services, with the express written and prior authorization, as the case may be, of the Head of Corps or of the Commissioner General or of the service they designate.
Art. 7. The provisions of Book I
er the Criminal Code, including Chapter VII and section 85, shall apply to offences under sections 3, 4 and 5.
Art. 8. In the event of an offence under sections 3, 4 and 5 and, without prejudice to section 42 of the Criminal Code, property that is the subject of the offence and property that was used or intended to commit it, even if such property does not belong to the convicted person, as well as property benefits resulting from the offence, shall be seized and the court shall give special forfeiture of such property and property benefits.
Art. 9. In the event of a new offence under sections 3, 4 and 5, imprisonment shall be at least six months, and/or a fine of not less than 150 euros, if the convicted person has committed the new offence before the expiry of five years since he has suffered or prescribed his sentence.
Art. 10. The King may stop the modalities for the resumption and destruction of the police uniform, referred to in article 2, paragraph 1
er.
CHAPTER 2. - Provisions relating to the transfer of certain personnel from municipal administrations to the administrative and logistical framework of police areas
Art. 11. The contracting staff of a municipal administration who, since the establishment of the police zone comprising the municipality in question, have actually performed only services on behalf of the local police, can be transferred to the administrative and logistical framework of the local police force concerned.
The transfer is only possible:
(a) at the proposal of the local council concerned and with the consent of the police council concerned, except in a single-communal area where a deliberation of the communal council in this framework is sufficient;
(b) up to the number of vacancies per level within the administrative and logistical framework of the police area concerned;
(c) for the nomination of staff members concerned.
Art. 12. The application of a staff member is only admissible for this transfer if it meets the conditions set out in section 19 of the Act of 26 April 2002 on the essential elements of the status of police personnel and other provisions relating to police services, including the job-related diploma requirements for which he is a candidate.
Art. 13. If the staff member passes the selection tests referred to in section 19, 8°, of the law referred to in section 12, which give access to the grade and, if applicable, to the class to which he or she applies, the municipal or police council shall appoint the staff member in the function of the administrative and logistical framework of the police area for which he or she became a candidate and in the grade and, if applicable, in the class to which they are related.
However, when this employment is referred to in section 26 of the above-mentioned Act, a contract of employment is entered into.
If there are several candidates for a vacant job, who meet all the conditions to be transferred, the municipal or police council shall appoint the candidate deemed to be the most suitable or, in the case referred to in paragraph 2, concludes a contract of employment with the candidate.
Art. 14. For the calculation of the seniority of the level, grade and class of the transferred staff member, are taken into account all periods of actual service carried out by the latter within the municipal administration respectively in the corresponding level, the corresponding grade and the corresponding class.
For the calculation of service seniority, it is taken into account all periods of service activity as a communal employee.
Art. 15. The transferred staff member obtains the basic salary scale of the group of scales related to its grade. However, the salary scale of the staff member at the municipal administration before the transfer is safeguarded.
The pecuniary seniority acquired at the municipal administration is maintained unless the calculation of this seniority under sections XI.II.3 to XI.II.9 of the Royal Decree of 30 March 2001, bearing the legal position of police personnel (PJPol), is more favourable to it.
The transferred staff member may register immediately for certified training.
CHAPTER 3. - Amendments
Section 1
re. - Amendments to the Police Function Act
Art. 16. Section 4 of the Police Service Act of 5 August 1992, as amended by the Act of 7 December 1998, is supplemented by a paragraph written as follows:
"The King fixes cases where the quality of an officer or administrative police officer of a staff member who is employed outside the police service is suspended. ".
Art. 17. Section 47 of the Act, as amended by the Acts of 7 December 1998 and 15 May 2007, is supplemented by two paragraphs, as follows:
"The King determines the competent civil liability authority for police officers who are employed by another service.
The King also determines the cases in which police officers are employed by another service, as referred to in paragraph 6.".
Art. 18. In section 52 of the Act, last amended by the Act of 29 December 2010, the following amendments are made:
1° in § 1
er, the following paragraph is inserted before paragraph 1
er :
"The police officer or the former police officer referred to in section 47 who, for acts committed in the performance of his duties, wishes to be assisted by a lawyer as provided for in section 47bis, § 2, paragraph 1
er§ 1
erParagraph 1
erin Article 2bis, § 2, paragraph 1
er and 5, in Article 16, § 2, paragraph 2, and Article 20, § 1
er, of the Act of 20 July 1990 relating to preventive detention, shall be assisted in court by a lawyer in charge of the municipality, the multi-communal area or the State. ";
2° to paragraph 3, which becomes paragraph 4, the words "in paragraphs 1
er and 2" are replaced by the words "paragraphs 2 and 3".
Section 2. - Amendment of the Act of 10 April 1995
Redistribution of Labour in the Public Sector
Art. 19. In Article 7, § 1
er, paragraph 2, of the Act of 10 April 1995 on the redistribution of work in the public sector, inserted by law of 1
er March 2007, the words "the members of the administrative and logistical framework of the police services that are employed in the territory of the Brussels-Capital Region may, at their request, distribute the services they perform within the framework of the voluntary week of four days a week" are replaced by the words "police personnel may request another weekly distribution of the services they perform within the framework of the voluntary week of four days".
Section 3. - Amendments to the Act of 7 December 1998
organizing an integrated, two-tiered police service
Art. 20. In section 7 of the Act of 7 December 1998 organizing an integrated, two-tiered police service, a paragraph is inserted between paragraphs 2 and 3:
"He must give his opinion on each bill and ordering new official missions to the local or federal police. ".
Art. 21. Section 56 of the Act is supplemented by two paragraphs written as follows:
"The municipal council or the police council may, by the current legislature, delegate this competence, as the case may be, to the mayor or to the police college.
If the mayor or police college intends to depart from the order established after the selection procedure, the municipal council or the police council shall remain competent."
Art. 22. In section 86, 3°, of the same law, the words ", as well as those of the bourgmestre or the police college, taken following a delegation of competence conferred by the municipal council or the police council," are inserted between the words "of the municipal council or the police council" and the words "recruitment relations".
Art. 23. In section 108bis, paragraph 3, of the Act, inserted by the Act of 20 June 2006, the words "are appointed or engaged by the Minister" are replaced by the words "are appointed by the Minister or engaged by the Director General of Federal Police Support and Management".
Art. 24. Article 138, § 1
er, of the same law, replaced by the law of 28 December 2006, is supplemented by a paragraph written as follows:
"The King fixes cases where the quality of a judicial police officer or officer of a staff member who is employed outside the police service is suspended. ".
Art. 25. In section 142 of the Act, inserted by the Act of 31 May 2001 and amended by the Acts of 26 April 2002 and 3 July 2005, the following amendments are made:
1° in paragraph 2, the words "level 2" are replaced by the words "level C";
2° in paragraph 3, the words "level 2+" are replaced by the words "level B";
3° in paragraph 4, the words "level 1" are replaced by the words "level A".
Section 4. - Amendment of the Act of 24 March 1999 establishing relations between public authorities and trade union organizations of police personnel
Art. 26. In article 9, paragraph 2, of the Act of 24 March 1999 organizing relations between the public authorities and the trade union organizations of the police personnel, the words "or for external bodies of the federal executive branch in which police personnel are employed" are inserted between the words "one service group" and the words ", several consultation committees".
Section 5. - Amendments to the Act of 27 December 2000 on various provisions relating to the legal position of police personnel
Art. 27. Section 4 of the Act of 27 December 2000 on various provisions relating to the legal position of police personnel is supplemented by § 3 as follows:
§ 3. Military personnel referred to in §§ 1
er and 2, may, at their request and with the agreement of the competent authority, remain active beyond the mandatory retirement age until the end of the quarter in which they reach the age of 65.
The continued operation of these military personnel beyond 65 years of age may be authorized under the conditions and in accordance with the procedure referred to in Article 3 of the Royal Decree of 12 May 1927 concerning the age of retirement of public servants, employees and servicemen of the state administrations.
By derogation from § 2, paragraph 1
er, the military no longer have the opportunity to reintegrate the Armed Forces after the retirement age of their rank."
Art. 28. In section 41, paragraph 1
er, of the same law, the 4th is supplemented by the words "any choice of status referred to in this article".
Art. 29. In article 44, paragraph 1
er, of the same law, the 4th is supplemented by the words "any choice of status referred to in this article".
Section 6. - Amendments to the Royal Decree of 30 March 2001 bearing the legal position of police personnel ("PJPol")
Art. 30. In Article VII.II.4, 2°, of the Royal Decree of 30 March 2001 on the legal position of police personnel (PJPol), confirmed by the law of 26 April 2002, the words "level 1" are replaced by the words "level A".
Art. 31. Article XII.IV.7 of the same order, inserted by the law of 3 July 2005, is supplemented by a paragraph written as follows:
"By derogation from paragraph 1
er, the quality of judicial police officer, auxiliary to the King's prosecutor, shall be maintained in the event of an uninterrupted designation in a job of a local police research service or the general direction of the judicial police, provided that the authority referred to in article VI.II.15, § 1
erParagraph 1
er, the decision and that it be mentioned as such in the call for applications referred to in article VI.II.18, paragraph 1
er".
Art. 32. Article XII.VII.21 of the same order, confirmed by the law of 30 December 2001 and partially annulled by Constitutional Court Decision No. 102/2003, is supplemented by a paragraph written as follows:
"By derogation from paragraph 2, the quality of a judicial police officer, auxiliary to the King's Prosecutor, shall be maintained in the event of an uninterrupted designation in a search service of the local police or the general direction of the judicial police, provided that the authority referred to in article VI.II.15, § 1
erParagraph 1
er, the decision and that it be mentioned as such in the call for applications referred to in article VI.II.18, paragraph 1
er".
Art. 33. In section XII.VII.27bis of the same order, replaced by the Act of 2 December 2011, a paragraph as follows is inserted before paragraph 1
er :
"The current staff members referred to in Table D1, third column, Item 3.26 of Schedule 11, may assist in the duties assigned by warrant, as referred to in section 66 of the Act of 26 April 2002. ".
Art. 34. Article XII.XI.23, § 1
erof the same order, confirmed by the law of 30 December 2001, the following amendments are made:
(a) in the 1st, the words "of this order:" are replaced by the words "of this order benefited from one of the allowances referred to in the 2nd and which:"
(b) the words "and which:" are inserted between 1° and 2°.
Art. 35. In Article XII.XI.25, § 1
erParagraph 1
erof the same order, confirmed by the law of 30 December 2001, the words "of the regime of the four-day voluntary week referred to in article VIII.XVI.1
er and in the context of the anticipated half-time departure regime referred to in Article VIII.XVIII.1
er"are replaced by the words "of the four-day voluntary week plans and of the anticipated half-time departure referred to in the Act of 10 April 1995 on the redistribution of work in the public sector as well as in the framework of the four-day week plans with or without bonus and of work half-time from 50 or 55 years referred to in the Act of 19 July 2012 relating to the four-day week and to work half-time from
Art. 36. In Article XII.XI.36, § 5, 1°, of the same order, confirmed by the law of 30 December 2001, the words "the regime of the four-day voluntary week referred to in Article VIII.XVI.1
er and in the context of the anticipated half-time departure regime referred to in Article VIII.XVIII.1
er"are replaced by the words "the plans of the four-day voluntary week and the anticipated half-time departure referred to in the Act of 10 April 1995 on the redistribution of work in the public sector as well as in the regimes of the four-day week with or without bonus and of work half-time from 50 to 55 years referred to in the Act of 19 July 2012 relating to the four-day week and to work half-time from
Section 7. - Amendments to the Act of 26 April 2002 on essential elements of the status of police personnel and other provisions relating to police services
Art. 37. In section 12 of the Act of 26 April 2002 on the essential elements of the status of members of the police services and bearing various other provisions relating to the police services, as amended by the Act of 3 July 2005, the following amendments are made:
(a) in paragraph 1
er10°, the words "for the auxiliary and basic frame, having succeeded or, for the medium frame and officers" are replaced by the words "for the police officers, the basic frame and the medium frame, having succeeded or, for the officer frame";
(b) in paragraph 2, the words "good conduct, life and moral certificate" are replaced by the words "extract from the criminal record".
Art. 38. In section 13 of the Act, as amended by the Act of 16 March 2006, the following amendments are made:
(a) in the 1st, the word "definitively" is repealed;
(b) the 2° is replaced by the following:
"2° has previously, as aspirant, failed for the intended framework or, as a trainee for the intended framework, been dismissed or reassigned for professional incapacity pursuant to the rules determined by the King;"
(c) the 7th is supplemented by the words "unless the deliberation commission established by the King accepts a shorter period".
Art. 39. In articles 15 and 22 of the same law, the words "level 2" are replaced each time by the words "level C".
Art. 40. In articles 16, 17 and 23 of the same law, the words "level 2+" are replaced each time by the words "level B".
Art. 41. In articles 18, paragraph 1
er, and 24 of the same law, the words "level 1" are each time replaced by the words "level A".
Art. 42. In section 20, 1°, of the same law, the word "definitively" is repealed.
Art. 43. In section 21 of the Act, the following amendments are made:
1° in paragraph 2, the words "good conduct, life and moral certificate" are replaced by the words "extract from the criminal record";
2° paragraph 2 is supplemented by the words "and a background and background investigation".
Art. 44. In article 26, paragraph 1
er, from the same law, the words "and from early to mid-time" are replaced by the words ", from early to mid-time, from four-day week with or without bonus and from work half-time to 50 or 55 years".
Art. 45. In Part II of the Act, Chapter V, comprising section 27, is repealed.
Art. 46. In section 39 of the Act, the following amendments are made:
(a) the 4th is replaced by the following:
"4° where applicable, having acquired six years of seniority after failure to basic training for the intended framework or after resignation or reassignment for professional incapacity for the intended framework, according to the rules determined by the King;"
(b) the single paragraph shall be supplemented by the 6th written as follows:
"6° has not already failed three times in the selection procedure for promotion by accession to a higher frame. ";
(c) the article shall be supplemented by a paragraph written as follows:
"The condition referred to in paragraph 1
er, 3°, must also be completed at the time of admission to the basic training of the upper frame. ".
Art. 47. The title of Chapter X of Part II of the Act is replaced by the following:
"Chapter X. The final withdrawal of employment, termination of duties and reintegration".
Art. 48. Section 81 of the Act is supplemented by the 9th written as follows:
"9° the staff member who knowingly refrains from reporting on a significant medical condition or its involvement in police and/or judicial instructions and investigations. ".
Art. 49. In section 85, paragraph 1
erin the same law, the words "The decision to accept the resignation of a staff member" are replaced by the words "The resignation of the staff member".
Art. 50. In Chapter X of Part II of the Act, an article 86bis is inserted as follows:
"Art. 86bis. The candidate for the operational framework who wishes to be reintegrated under the rules determined by the King is subject to a background and background survey. ".
Art. 51. In section 88 of the same law, the words "from the decision of the board" are inserted between the word "see" and the words ", as a conservatory".
Section 8. - Amendment to the General Inspectorate Act of 15 May 2007 and various provisions relating to the status of certain members of the police services
Art. 52. In Section 4 of Chapter VI of Part II of the General Inspectorate Act of 15 May 2007 and providing various provisions relating to the status of certain members of the police services, an article 26/1 is inserted as follows:
"Art. 26/1. By derogation from section 26, the members of the General Inspectorate who were already permanent union delegates before June 15, 2007 and who benefited from the allowance referred to in section 79bis of the Royal Decree of July 20, 2001 relating to the operation and personnel of the General Inspectorate of the Federal Police and the local police, continue to benefit from the allowance as long as they maintain the two qualities mentioned above. ".
Section 9. - Amendment of the Act of 19 July 2012 on the four-day week and half-time work from 50 to 55 years in the public sector
Art. 53. Article 4, § 1
er, the Act of 19 July 2012 relating to the four-day week and to work half-time from 50 to 55 years in the public sector, is supplemented by a paragraph written as follows:
"By derogation from paragraph 1
er, police personnel may request another weekly distribution of the benefits performed within the four-day week. ".
Section 10. - Amendments to the Act of 13 May 1999 concerning the disciplinary status of police personnel
Art. 54. Section 51bis of the Act of 13 May 1999 on the disciplinary status of police personnel, inserted by the Act of 31 May 2001, is supplemented by a paragraph written as follows:
"When the last day of the period referred to in paragraph 1
er is a Saturday, a Sunday or a holiday, this period is extended to the first business day that follows.".
Art. 55. Section 54 of the Act, as amended by the Act of 31 May 2001, is supplemented by a paragraph written as follows:
"The staff member may submit a brief, within the same time period, when the higher disciplinary authority aligns itself with the aggravation of the sanction proposed by the disciplinary board. ".
Section 11. - Staff management provision
Art. 56. In the event that a police area decides to name less aspirants-police inspectors than the needs transmitted to the Minister of the Interior pursuant to section IV.I.3, paragraph 2, of the royal decree of 30 March 2001 bearing the legal position of the police officers (PJPol), an amount equal to the training, remuneration and equipment of aspirant-police inspector multiplied by the difference between
CHAPTER 4. - Transitional and final provisions
Art. 57. By derogation from articles XII.IV.7, paragraph 2, and XII.VII.21, paragraph 4, of the Royal Decree of 30 March 2001 bearing the legal position of police personnel (PJPol), the authority referred to in Article VI.II.15, § 1
erParagraph 1
erthe same order may decide that staff members referred to in articles XII.IV.7, paragraph 1
er, and XII.VII.21, paragraph 2, PJPol, retain or, as the case may be, recover the quality of judicial police officer, auxiliary to the Crown Prosecutor, in the event of an uninterrupted designation in a search service of the local police or the general management of the judicial police for which the appeal for applications referred to in article VI.II.18, paragraph 1
erPJPol was published prior to the coming into force of this Act. The decision shall be made within a period of not more than twelve months which shall take place on the date of the coming into force of this Act.
Art. 58. By derogation from section 39, 6°, of the Act of 26 April 2002 on the essential elements of the status of members of the police services and bearing various other provisions relating to the police services, the participation in the selection procedure for the promotion by accession to a senior officer that took place prior to the entry into force of this Act is not charged to the maximum participation referred to in this section.
Art. 59. Article 18 produces its effects on 1
er January 2012.
Section 27 produces its effects on March 31, 2013.
Articles 28, 29 and 34 produce their effects on 1
er April 2001.
Section 33 produces its effects on February 27, 2012.
Sections 35, 36, 44 and 53 come into force on the first day of the month following the one in which this Act was published in the Belgian Monitor.
Section 38, c, produces its effects on 1
er April 2009.
Section 49 produces its effects on November 23, 2009.
Section 52 produces its effects on June 15, 2007.
Art. 60. Sections 11, 12 and 13 cease to be in force on the last day of the twelfth month following the day in which this Act came into force.
PART III. - Institution and Population
UNIC CHAPTER. - Amendments to the Act of 23 March 1989
on the election of the European Parliament
Art. 61. In Article 21, § 2, of the Act of 23 March 1989 on the election of the European Parliament, last amended by the Act of 14 April 2009, paragraph 2 is replaced by the following:
"The act of presentation indicates, with respect to candidates, the name and surnames as mentioned in the National Register of Natural Persons, if any, the first name, attested by a notoriety certificate established by a justice of the peace or a notary, under which candidates wish to present themselves, the date of birth, sex, profession and principal residence. The same indications are, if any, referred to on the notice in respect of the submitting electors. The identity of the candidate, married or widowed, may be preceded or followed by the name of the deceased spouse or spouse."
Art. 62. In article 22, paragraph 2, 7°, of the same law, the words "seventeen" are replaced by the words "twenty-fourth".
Art. 63. In section 23, paragraph 4, of the same Act, the words ", the names of the candidates in the form provided for in section 24 for the ballot, as well as their names," are replaced by the words ", the names and names in which the candidates appear, in the form provided for in section 24 for the ballot, as well as their".
PART IV. - Civil security
CHAPTER 1
er. - Amendments to the Act of 15 May 2007
Civil Security
Art. 64. Article 2, § 1
erthe Civil Security Act of 15 May 2007 is supplemented by the 9th and 10th drafted as follows:
"9° "Operational Organization Scheme": the schema that includes the terms and conditions of the operational organization and the operational means necessary to ensure the missions defined in Chapter II of this title;
10° "multi-year programme of general policy": the programme consists of a communal investment plan and zonal of human, material and financial means. ".
Art. 65. Article 3, paragraph 1
er, of the same law, the word "present" is repealed.
Art. 66. Article 6 of the same law whose current text will constitute § 1
er, is supplemented by §§ 2 and 3 as follows:
"§2. The relief zones conclude agreements between them that regulate:
1st the financial modalities and implementation of the fastest adequate assistance;
2° the arrangements for personal and material reinforcement.
§ 3. In the absence of a convention referred to in § 2, the area of which one post carried out an intervention in the territory of another area within the framework of the principle of the most timely adequate assistance may affect the costs of the intervention in question in that other area. ".
Art. 67. In Article 7 of the Act, the words "in Article 6, paragraph 1
er"are replaced by the words "in Article 6, § 1
er".
Art. 68. Section 12 of the Act is supplemented by three subparagraphs as follows:
"The Civil Protection Operations Units carry out specific missions in collaboration with emergency areas.
To this end, cooperation agreements with each emergency zone are concluded between the federal state and emergency areas.
The conventions provide for the modalities of collaboration between operational units and emergency areas. ".
Art. 69. In the same Act, an article 14/1 is inserted as follows:
"Art. 14/1. Areas are divided into categories according to the following parameters:
1. the population of the area;
2. the number of posts in the area;
3. the number of operational staff in the area.
The King determines, on the basis of these parameters, the zone categories, as well as the distribution of areas in the categories.
It also determines the cases in which the class distribution referred to in paragraph 1 is used.
er".
Art. 70. In section 15 of the Act, the following amendments are made:
1° in § 1
erParagraph 3, the word "uniform" is repealed;
2° a § 2/1 is inserted as follows:
§ 2/1. When the territorial delimitation of the zones has been established in accordance with section 14, two or more areas of the same province may decide to merge. In this case, the councils of the affected areas shall make a joint proposal to the King that determines, on this basis, the new territorial delimitation of the proposed area, after the advice of the provincial advisory committee concerned and after verifying compliance by the new area with the provisions of this Act."
Art. 71. In section 17 of the Act, the following amendments are made:
(a) § 1
er is replaced by the following:
§ 1
er. This Act is applicable to the body established by the Brussels-Capital Region pursuant to Article 5 of the special law of 12 January 1989 on Brussels institutions with the exception of the following provisions:
Articles 14 to 16;
2° articles 18 to 22;
3° articles 24 to 69;
Articles 71 to 99;
Article 102;
6° articles 104 and 105;
Article 106, except in respect of the general principles of administrative status applicable to operational personnel referred to in this article;
8° articles 109 to 116;
9° articles 120 to 152;
10° articles 167 to 174;
11° articles 202 to 206/1;
12° articles 207 to 223. ";
(b) in § 2 are inserted in paragraphs 2./1, 5./1 and 7./1 as follows:
"2./1. article 23;
5./1. Article 117, paragraph 1
er;
7./1. Articles 164 to 166;
(c) the article shall be supplemented by §§ 5 and 6 as follows:
§ 5. The term "counsel" must be understood as targeting the government of the Brussels-Capital Region in Article 118;
§ 6. The term "zone control" must be understood as targeting the competent body of the emergency fire and medical service of the Brussels-Capital Region in accordance with the Brussels-Capital regional regulations in the following articles:
1. article 22/1;
2. Article 181."
Art. 72. Section 19 of the Act is supplemented by two paragraphs written as follows:
"The emergency zone can be organized in the form of an intercommunal if one of the fire services in its territory was organized in the form of an intercommunal on the 10th of August 2007. In this case, intercommunal bodies exercise the competence of the council and the college. If the intercommunal is not composed of all the communes that are part of the relief zone, the council and the college are implemented.
When the emergency zone is organized as an intercommunal, articles 24, 26, 28 to 55, 57 to 63, 86 and 92 are not applicable. ".
Art. 73. Section 21 of the Act, as amended by the Act of 24 July 2008, is replaced by the following:
"Art. 21. The King, by deliberate order in the Council of Ministers, determines the minimum administrative and operational functions that the area has, in particular in order to be able to carry out appropriate follow-up to the appeals of agency 112 referred to in the law of 29 April 2011 creating centres 112 and agency 112. ".
Art. 74. In the same Act, an article 21/1 is inserted, as follows:
"Art. 21/1. The area may enter into a partnership agreement in particular with respect to administrative and financial management that allows the province to carry out missions in a manner determined by the King.".
Art. 75. In the same Act, article 21/2 is inserted, as follows:
"Art. 21/2. The area may enter into partnership agreements with one or more police or emergency areas, including coordination on funding, organization and execution of respective operational missions. ".
Art. 76. In the same Act, an article 22/1 is inserted as follows:
"Art. 22/1. The Area Commander shall establish an operational organization scheme in accordance with the minimum conditions of the fastest adequate assistance and adequate means determined by the King under Article 6, § 1
erParagraph 2.
The King stops the minimum content and structure of the operating organization scheme.
The operational organization scheme is established for the same duration as the multi-year policy program referred to in section 23 and is adapted whenever necessary. ".
Art. 77. In Article 23 of the same Law, § 1
er is replaced by the following:
§ 1
er. Each area establishes a multi-year policy program that takes into account the existing situation and risk analysis. This program is established for a period of six years and is subject to adaptation.
If, when the multi-year policy programme is first established, the remaining duration of the mandate of the zonal advisers is less than six years, the programme is established for the remaining period.
The multi-year policy programme includes a communal component and a zonal component of civil security objectives.
The Board approves the multi-year policy programme.
The King stops the minimum content and structure of the multi-year policy programme. ".
Art. 78. In article 24, paragraph 1
er, of the same law, the words ", he designates alderman of his commune to replace him" are replaced by the words "it is replaced by applying the provisions which, in the region in which the area is located, generally regulate the replacement of the townmaster when it is prevented".
Art. 79. In section 26 of the Act, a paragraph is inserted between paragraphs 1
er and 2:
"The board is exclusively competent to adopt all the regulatory provisions in the matters set out in this Act, within the limits set out in this Act or taken under this Act."
Art. 80. In article 28, paragraph 1
er, from the same law, the words "second month" are replaced by the words "third month".
Art. 81. In section 31 of the Act, the following amendments are made:
1° in paragraph 1
er, the words "on its application, addressed in writing to the president of the college, for a maximum of fifteen weeks taking place at the earliest of the seventh week preceding the presumed date of birth or adoption" are replaced by the words "while this period according to the applicable rules applicable at the municipal level";
2° paragraph 2 is repealed;
3° in paragraph 3, the words "Paragraphs 1
er and 2 do not apply" are replaced by the words "paragraph 1
er does not apply."
Art. 82. In section 32 of the Act, the following amendments are made:
1° to paragraph 1
er, the words "guide zonal" are replaced by the words "guide zonal referred to in Article 24, paragraph 1
er";
2° a paragraph written as follows is inserted between subparagraphs 1
er and 2:
"The zonal counsel designated by the provincial council who, because of a disability, cannot exercise his or her mandate alone may, for the fulfilment of his or her mandate, be assisted by a trusted person, chosen from among the electors of the provincial council who meet the applicable eligibility criteria with respect to the mandate of a provincial councillor and who is neither a member of the personnel of the area nor a member of the provincial staff."
Art. 83. In the Dutch text of Article 42, 3°, of the same law, the word "hetzij" is replaced by the word "tenzij".
Art. 84. In section 51 of the Act, the following amendments are made:
1° paragraph 2 is supplemented by the words "or its province";
2° the article is supplemented by a paragraph, written as follows:
"The King may, by order deliberately in the Council of Ministers, determine the type of decisions that, because of their importance, are subject to the same voting weighting rules as those applicable in the budget."
Art. 85. In section 68 of the Act, the following amendments are made:
1° § 2, paragraph 1
er, is supplemented by the following:
"For the first registration of the communal endowment, this agreement shall be obtained by the first day of the second month before that of the date of entry into force of the royal decree referred to in section 106, paragraph 1
er. For the following inscriptions of the communal endowment, the agreement must always be obtained by 1
er December of the year before the year for which the staffing is planned. ";
2° § 2 is supplemented by a paragraph written as follows:
"The King may, by order deliberately in the Council of Ministers, determine one or more complementary criteria. ".
Art. 86. In section 69 of the Act, the following amendments are made:
1° a paragraph written as follows is inserted between subparagraphs 1
er and 2:
"Federal staffing is made up of a basic staffing and complementary staffing. ";
2° in paragraph 2 that becomes paragraph 3, the words "federal endowments" are replaced by the words "basic federal endowment";
3° the article is supplemented by a paragraph written as follows:
"Additional federal endowments are distributed on the basis of specific distribution keys determined by the King, by order deliberately in the Council of Ministers. ".
Art. 87. Article 75, § 2, of the Act, is supplemented by a paragraph written as follows:
"In order to recover certain and enforceable claims, the Special Accountant may send a constraint that is targeted and enforceable by the College. Such a constraint is meant by exploiting bailiffs. This exploit interrupts the prescription. A coercion may only be targeted and enforceable by the college if the debt is due, liquid and certain. The debtor must also be placed in place by registered mail. The area may charge administrative costs for this recommended mail. These costs are borne by the debtor and may be recovered by constraint. Debts of persons of public law can never be recovered by constraint. An appeal against this exploit may be brought in the month of meaning by request or by citation."
Art. 88. In Article 93, § 2, paragraph 1
er, of the same law, the terms "creators of the commune" are replaced by the terms "creators of the area".
Art. 89. Section 101 of the Act is replaced by the following:
"Art. 101. Area staff is composed of administrative and operational members. ".
Art. 90. Section 102 of the Act is replaced by the following:
"Art. 102. The council shall, on the proposal of the area commander, establish the area staff plan.
For the operational staff plan, the board takes into account the criteria set by the King.".
Art. 91. In section 103, paragraph 1
er, of the same law, the word "frame" is replaced by the word "personal".
Art. 92. In section 104 of the Act, the following amendments are made:
1° in paragraph 1
er, the word "propose" is replaced by the words "may propose";
2° Paragraph 2 is replaced by the following:
"The King may determine the terms and conditions of conclusion and the content of such a convention."
Art. 93. In section 105 of the same law, the word "frame" is replaced by the word "personal".
Art. 94. In section 106 of the Act, the following amendments are made:
1st paragraph 1
er is replaced by the following:
"The King shall, by order deliberately in the Council of Ministers, decide on the administrative and financial status of operational personnel in the zones, including training. ";
2° the article is supplemented by a paragraph written as follows:
"The area sets the administrative and financial status of its administrative staff."
Art. 95. In the same Act, an article 106/1 is inserted as follows:
"Art. 106/1. The relief zone may, as part of the possible imposition of a disciplinary penalty, carry out an alcohol and drug test with operational personnel under the conditions defined below.
A professional or voluntary staff member of the area who has clear signs of being under the influence of alcohol in service is subject to a breath test at the request of his supervisor. The King sets out the procedures for the execution of the breath test.
A professional or voluntary staff member in the area with clear signs of in-service drug use is subject to a drug detection test at the request of his supervisor. The King sets out the procedure for carrying out the drug detection test. ".
Art. 96. In section 117, paragraph 2, of the Act, inserted by the Act of August 3, 2012, the words "Provincial Fire Services Training Centres" are replaced by the words "Civil Security Training Centres".
Art. 97. In section 123 of the Act, the following amendments are made:
1° the words "by sending a registered letter to the post by which the guardianship authority" are replaced by the words "on the day the guardianship authority makes known that it";
2° the words "transmitted by registered letter or delivered against recollected" are repealed.
Art. 98. The following amendments are made to section 126 of the Act:
1° § 2 is supplemented by a paragraph written as follows:
"If the zonal authority fails to justify the deliberation suspended within the forty-day period, the deliberation suspended is considered null and void in full law. ";
2° in § 3, paragraph 1
er, the words "or initiative upon expiry of the period referred to in § 2" and the words "or expiry of the period referred to in § 2" are repealed.
Art. 99. In section 127 of the same law, the word "frame" is replaced by the word "plan".
Art. 100. In section 129 of the Act, the words "organic framework for operational staff and administrative personnel" are replaced by the words "staff plan".
Art. 101. Section 130 of the Act is repealed.
Art. 102. In section 132 of the Act, the words "organic framework" are replaced by the words " personnel plan".
Art. 103. In section 170 of the Act, the words "or the Director General for the Management of Operational Units for Civil Protection or the Officer of an Operational Unit" are inserted between the words "or Area Commander" and the words "everyone within the scope of his/her competence".
Art. 104. In section 174 of the Act, the words "the framework" are repealed.
Art. 105. The title XIIIbis of the Act is replaced by the following:
"Titre VIII/1. Civil security training centres."
Art. 106. Article 175/1 of the same law, inserted by the law of 29 December 2010, whose current text will form § 1
erthe following modifications are made:
1° in § 1
erParagraph 1
erthe words "provincial training centres for public emergency services" are replaced by the words "Civil Security Training Centres";
2° in § 1
er, paragraph 2, the words "and the conclusion of a convention with the Internal SPF" are repealed;
3° the article is supplemented by §§ 2 to 5, written as follows:
"§2. Subsidies can be provided for the financing of infrastructure, equipment and pedagogical support for training of members of public emergency services.
These subsidies may be granted to accredited civil security training centres provided they have entered into a convention with the federal state.
The King determines the minimum content of this agreement as well as the additional terms and conditions for granting subsidies.
§ 3. Subsidies may be granted to cover all costs of a specific training other than the training referred to in § 1
erto meet the training needs identified and new developments. The King sets out the conditions for the granting of such subsidies to accredited civil security training centres.
§ 4. The King sets the key to the distribution of subsidies referred to in paragraphs 2 and 3 between the approved civil security training centres.
The distribution key takes into account the following criteria:
1° the number of the population;
2° the area;
3° the number of firefighters;
4° the number of students subsidized for patent training.
§ 5. The King sets out the terms and conditions of partnership between accredited civil security training centres to specialize and optimize the training and operation of the centres. ".
Art. 107. In the same Act, a title IX/1, entitled:
"Titre IX/1. International missions."
Art. 108. In Title IX/1, inserted by Article 107, an article 177/1 is inserted as follows:
"Art. 177/1. The Minister or his or her delegate is competent in international civil security matters and dealt with in international or European organizations and in bilateral or multilateral exchanges. ".
Art. 109. Section 181 of the Act is replaced by the following:
"Art. 181. § 1
er. The Minister or his or her delegate may, in the course of the interventions carried out in the missions referred to in section 11, in the absence of public services available and in the absence of sufficient means, carry out the requisition of the persons and the things that he or she considers necessary.
The same authority is recognized in the bourgmestre as well as in the area commander and, by delegation of the district commander, in the course of their missions, in the officers' interventions.
The King sets out the procedure and procedure of the requisition.
§ 2. Support the costs associated with the requisition of individuals and things and reimburse the persons entitled to:
1st the State, when the Minister or his delegate proceeds to requisition;
2° the commune when it is the village which proceeds to requisition;
3° the area when it is the area commander or the officers conducting the requisition.
The costs are not due when they result from the repair of the damage caused to the persons and the things required and resulting from accidents occurring in the course or by the execution of the operations for which the requisition occurred, when the accident was intentionally caused by the victim.
§ 3. During the duration of the benefits, the employment contract and the apprenticeship contract are suspended for the benefit of workers who are part of these services or who are the subject of a requisition. ".
Art. 110. Section 182 of the Act is supplemented by a paragraph written as follows:
"The same power is recognized in the town. ".
Art. 111. Section 197 of the Act is repealed.
Art. 112. In section 201 of the Act, the following amendments are made:
1° the current text of the article that will form paragraph 1
er is supplemented by the words "for all emergency areas";
2° the article is supplemented by a paragraph written as follows:
"Section 9, § 2, of the Civil Protection Act of December 31, 1963 is repealed on the day the Royal Decree came into force pursuant to section 174. ".
Art. 113. In section 203 of the Act, the phrase "Professional firefighters in service in a municipality are transferred to the operational framework of the relief zone in which this commune is part" is replaced by the following:
"Professional firefighters in service in a commune become operational staff of the area of which this commune is part. ".
Art. 114. Section 204, paragraph 1
erthe same law shall be replaced by the following:
"The members of the fire services who, on the basis of a contract of engagement, are in service with a municipality as volunteer firefighters become operational personnel of the area of which this commune is part. ".
Art. 115. In section 205 of the Act the following amendments are made:
1st paragraph 1
er is replaced by the following:
"The administrative and technical personnel of the public fire services become administrative personnel in the area of which this commune is part, with the maintenance of its status or contractual personnel."
2° in paragraph 2 the words "of the framework" are repealed.
Art. 116. In section 206 of the Act, as amended by the Acts of 28 April 2010 and 3 August 2012, the following amendments are made:
1° in § 3, 3° and 4°, the words "Article 207, paragraph 1
er" are each time replaced by the words "Article 207, § 1
er";
2° in § 4, the words "in the frame" are replaced by the words "as personal".
Art. 117. In section 206/1 of the Act, inserted by the Act of 28 April 2010, the following amendments are made:
1° in paragraph 1
er whose current text will form § 1
er, the words "to the operational framework of" are replaced by "to";
2° paragraph 2 whose current text will form § 4 is supplemented by the following words: "in particular the rules relating to the assessment of the member of the seconded staff";
3° between §§ 1
er and 4 are inserted as follows:
"§2. Pending their transfer to the area in which the municipality is located, firefighters referred to in section 203 and fire service personnel referred to in section 204 are detached or made available to the area in which their municipality is part as soon as the fire services are integrated into fire and rescue stations pursuant to section 220.
Detachment or disposition shall be terminated ex officio at the time of the coming into force of the order made pursuant to section 106, paragraph 1
er.
§ 3. Pending its transfer to the area in which the municipality is located, the administrative and technical personnel referred to in section 205 shall be detached or made available to the area in which the municipality belongs as soon as the fire services are integrated into the fire and rescue stations pursuant to section 220.
Detachment or provision shall be terminated ex officio when the area has established the status referred to in section 106, paragraph 3.".
Art. 118. Article 207 of the same law, the current text of which shall form § 1
erthe following modifications are made:
1° § 1
erParagraph 1
er is supplemented by the following sentence:
"The King determines the provisions applicable to personnel who use this option. ";
2° In § 1
er, paragraph 2, the words ", paragraph 1
er, for staff referred to in sections 203 and 204 and within three months from the publication of the status referred to in section 106, paragraph 3 for staff referred to in section 205, are inserted between the words "section 106" and the words "and is communicated";
3° § 1
er is supplemented by a paragraph that reads as follows:
"By derogation from paragraph 2, the three-month period begins at the date of the resumption of the service, for persons who, on the date of their transfer to the emergency areas, are entitled to a temporary pension due to physical incapacity or are allowed to be absent for a long period of time for personal reasons or are in complete career interruption. ";
4° the article is supplemented by § 2, written as follows:
"§2. Members of the operational and administrative personnel of the area who, in accordance with the provisions of the law and the legal position applicable to them, are appointed, promoted, designated to a function to be conferred by mobility or designated to a function to be mandated under the law or in accordance with the law, shall be on the day of the service or notification of the decision to appoint, promote or appoint, irrespective of their status or their legal position, of
The appointment, promotion or designation decision expressly specifies that, from the date of its service or notification, the staff member concerned shall be subject to all provisions that determine the status or legal position of the operational staff or administrative personnel of the area. ".
Art. 119. In section 208 of the Act, the words "in the operational framework of the area" are replaced by the words "to the area".
Art. 120. In section 215 of the Act, the following amendments are made:
§ 2 is repealed;
2° § 3 is replaced by the following:
"§2. Transfer of immovable property referred to in § 1
er is done by authentic act. ".
Art. 121. In section 218 of the Act, the following amendments are made:
1° the words "and buildings" and the words "and 215, § 2" are repealed;
2° the words "in Articles 210, § 2" are replaced by the words "in Article 210, § 2";
3° the words "in sections 212 and 216" are replaced by the words "in section 212".
Art. 122. In the same Act, an article 219/1 is inserted as follows:
"Art. 219/1. In the event of the entry into force of the areas referred to in section 220, the general inspection referred to in sections 168 to 174 shall carry out its duties with respect to the fire services referred to in section 10 of the Civil Protection Act of 31 December 1963. For the purposes of this article, the word "zone" refers to "commune".
Art. 123. Section 220 of the Act is replaced by the following:
"Art. 220. § 1
er. Fire services are integrated into fire and rescue stations, when the King finds that the following conditions were met:
1° the territorial district of the area has been fixed in accordance with section 14;
2° the status referred to in Article 106, paragraph 1
erhas been adopted and is in force;
3° the Federal Endowment has been established in accordance with Article 69;
4° Endowments of the various municipalities of the area were included in the communal budgets, in accordance with section 68.
§ 2. By derogation from § 1
erthe prezone council may request, by a decision adopted by an absolute majority, that the fire services present in its territory be integrated into an emergency zone where the following conditions are met:
1° the territorial district of the area has been fixed in accordance with section 14;
2° the Federal Endowment has been established in accordance with Article 69.
The King sees the passage of the pre-zone into the emergency zone. In this case, the provisions of this Relief Area Act shall apply to the area as soon as the finding is established, with the exception of section 67, paragraph 2.
§ 3. By derogation from § 2, in the absence of an absolute majority, but at the request of one or more communes representing more than 50% of the inhabitants registered in the register of the population at the time of application, the King may, by order deliberately in the Council of Ministers, see the passage of the pre-zone into emergency zones.
§ 4. In the cases referred to in §§ 2 and 3, communal staff shall be made available or detached from the emergency area in accordance with Article 206/1."
Art. 124. Article 221 of the same law whose current text will form § 1
er, is supplemented by §§ 2 and 3 as follows:
"§2. Municipalities conclude agreements that regulate:
1st the financial modalities and implementation of the fastest adequate assistance;
2° the arrangements for personal and material reinforcement.
§ 3. In the absence of a convention referred to in § 2, a municipality whose position has carried out an intervention in the territory of another commune within the framework of the principle of the most timely adequate assistance may affect the costs of the intervention in question on that other commune. ".
Art. 125. Section 221/1, of the Act, inserted by the Act of 3 August 2012, is amended as follows:
1° in § 1
erParagraph 2 is repealed;
2° in § 2, 1°, the sentence "By derogation from § 1
er, paragraph 2, in the event of a parity of votes, preference shall be accorded to the oldest candidate." is repealed;
3° in § 2, 4°, 6th dash, the words "paragraph 2" are replaced by the words " § 1
er2";
4° in § 3, the following changes are made:
(a) the words "32, subparagraphs 1
er and 3" are replaced by the words "32, paragraphs 1
er2 and 4";
(b) the words "67, paragraph 1
er, 2°, 3°, and 5° "are replaced by the words "67 paragraph 1
er, 1°, 2°, 3° and 5° and the words "53 to 54" are replaced by the words "52 to 54";
5° in § 5, paragraph 2, the words "67, paragraph 1
er, 2°, 3°, and 5°, are replaced by the words "67 subparagraph, 1
er, 1°, 2°, 3° and 5°
6° in § 6, paragraph 1
er, the words "in a two-year period from the date of its approval" are replaced by the words "for December 31 of the year for which the staffing is granted";
7° in § 6, a paragraph written as follows is inserted between paragraphs 1
er and 2:
"The time limit referred to in paragraph 1
er must be read as of December 31, 2013 for the year 2012. ";
8° the article is supplemented by § 7 as follows:
"§ 7. The prezone may decide to hire professional firefighters, volunteer firefighters and persons responsible for controlling the application of the measures prescribed by the Fire Prevention Acts and Regulations.
The prezone administrative staff is composed of statutory and contractual agents.
Prezone determines the rules applicable to its staff. These are the rules that establish the status of the members of the public fire service in force in one of the prezone communes. Only one commune can be chosen as a reference framework.
Prezone personnel are transferred to the prezone emergency area under the same conditions and at the same time as the personnel referred to in sections 203 to 205. ".
Art. 126. Section 125 of this Act comes into force on 1
er January 2014, except 6° and 7° amending Article 221/1, § 6, which produce their effects on 5 October 2012.
Art. 127. In section 223 of the Act, the following amendments are made:
1° in the Dutch text, the word "personelsformatie" is each time replaced by the word "personeelsbezetting";
2° the words "102, paragraphs 2 and 119, § 1
er"are replaced by the words "6, § 1
erand 102, paragraph 2."
Art. 128. In section 224, paragraph 1
er, of the same law, the 5th is repealed.
CHAPTER 2. - Amendment to the Civil Protection Act of 31 December 1963 - Fire Schools Grants for Infrastructure, Materials and Pedagogical Support Funding
Art. 129. Article 12/1 of the Civil Protection Act of 31 December 1963, inserted by the Act of 29 December 2010, the current text of which will form § 1
erthe following amendments are made:
1° in § 1
erParagraph 1
er, the words "provincial fire service training centres" are replaced by the words "civil security training centres";
2° in § 1
er, paragraph 2, the words "of the conclusion of a convention with the Internal SPF" are repealed;
3° the article is supplemented by §§ 2 to 5, written as follows:
"§2. Subsidies can be provided for the financing of infrastructure, equipment and pedagogical support for training of members of public emergency services.
These subsidies may be granted to accredited civil security training centres provided they have entered into a convention with the federal state.
The King determines the minimum content of this agreement as well as the additional terms and conditions for granting subsidies.
§ 3. Subsidies may be granted to cover all costs of a specific training other than the training referred to in § 1
erto meet the training needs identified and new developments. The King sets out the conditions for the granting of such subsidies to accredited civil security training centres.
§ 4. The King sets the key to the distribution of subsidies referred to in paragraphs 2 and 3 between the approved civil security training centres.
The distribution key takes into account the following criteria:
1° the number of the population;
2° the area;
3° the number of firefighters;
4° the number of students subsidized for patent training.
§ 5. The King sets the conditions for partnerships between certified civil security training centres to specialize and optimize the training and operation of the centres. ".
Art. 130. This chapter produces its effects on 1
er January 2013.
PART V. - Amendment to the Act of 15 April 1994 on the Protection of Population and the Environment from the Hazards of Atomic Radiation and the Federal Nuclear Control Agency
Art. 131. In section 38 of the Act of 15 April 1994 on the protection of the population and the environment from the dangers of ionizing radiation and the Federal Nuclear Control Agency, as amended by the Act of 27 March 2006, the following amendments are made:
1° the introductory sentence of paragraph 1
er, is replaced by the following:
"Without prejudice to other limitations by or under a law, the exercise of the term of office of president or administrator with the Agency, or with any agency or entity to which the Agency appeals on the basis of section 28, is incompatible with the mandate or functions of:"
2° in paragraph 1
er7°, the "." is replaced by a ";"
3rd paragraph 1
er is completed by the 8th written as follows:
"8° President or member of the Board of Directors to any institution subject to the Agency's control, with the exception of universities and higher schools that have no direct interest in the Agency's missions, and with the exception of any legal entity specially created by the Agency on the basis of section 28. ";
4° a paragraph to read is inserted between subparagraphs 1
er and 2:
"A staff member of the Agency cannot be a member of the Board of Directors of an organization subject to Agency control. ".
PART VI. - Amendments to the Act of 24 June 2013
on municipal administrative sanctions
Art. 132. In article 3, 3°, last draw, of the Act of 24 June 2013 on municipal administrative sanctions, the words "the signal C3" are replaced by the words "the signals C3 and F103".
Art. 133. Article 21, § 4, of the Act is replaced by the following:
§ 4. The offences referred to in Article 3, 3°, may only be found by the following persons:
(1) persons referred to in Article 20;
2° the communal agents referred to in Article 21, § 1
er, 1° ;
3° the staff of the autonomous municipal authorities whose activities are limited to the recognition of decriminalized parking offences and to the offences referred to in Article 3, 3°, and which are within the framework of their competence designated by the municipal council for that purpose;
4° the staff of the Parking Agency of the Brussels-Capital Region, referred to in Article 25 of the order of January 22, 2009 organizing the parking policy and creation of the Parking Agency of the Brussels-Capital Region and which are within the framework of their competence designated for this purpose by the municipal council."
Art. 134. In article 33, paragraph 4, of the same law, the words "in article 21, § 1
er, 1° " are replaced by the words "in Article 21, § 4, 2° to 4°".
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 21 December 2013.
PHILIPPE
By the King:
Deputy Prime Minister
and Minister of the Interior and Equal Opportunities,
Ms. J. MILQUET
The Minister of Justice,
Ms. A. TURTELBOOM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) Documents of the House of Representatives:
53-3113 - 2013/2014:
Number 1: Bill.
Number 2: Annexes.
No. 3: Amendments.
Number 4: Report.
No. 5: Text adopted by the commission.
No. 6: Amendments.
No. 7: Text adopted in plenary session and transmitted to the Senate
Full report: 5 December 2013.
Documents of the Senate:
5-2385 - 2013/2014:
No. 1: Project not referred to by the Senate.