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Posted the: 2012-09-13 Numac: 2012000570 SERVICE PUBLIC FEDERAL Interior 3 August 2012. -Law amending the law of 15 May 2007 on civil security and the law of 31 December 1963 on civil protection ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1.
-Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -Changes of the civil security section law of 15 May 2007 2. article 117 of the Civil Security Act of 15 May 2007 is supplemented by a paragraph as follows: "areas, the prezones, Commons, service of fire and emergency medical assistance in the Region of Brussels - capital and the provincial centres of formation of public fire departments may, for the Organization and the allocation of procurement and contracts management for the acquisition of equipment and equipment that are necessary for the performance of their duties , to appeal to the central purchasing created Directorate-General of Civil Service protection federal public Interior. » Art. 3. in the same Act, section 206, § 3, is supplemented by a 5 ° as follows: "5 ° the conditions in which the duration of the secondment referred to in paragraph 1 or provision referred to in paragraph 2 may be extended for people who request them."
4. in the same Act, it is inserted an article 209/1, as follows: Article 209/1. The date of entry into force of the areas, as referred to in article 220, property of the prezone are transferred to the area.
This transfer is executed automatically and free of charge. It is enforceable right against third parties.
Assets are transferred in the State where they are located, including charges and obligations inherent in these goods. » Art. 5. in the same Act, it is inserted an article 221/1, as follows: ' Article 221/1. § 1. From the entry into force of this provision and until the entry into force of the areas, as referred to in article 220, Commons belonging to an area in pursuance of article 14 are a prezone according to the same territorial demarcation. The prezone has legal personality and is managed by a Board of prezone hereinafter referred to as the Council.
The Council shall act by a majority of the votes. In the event of parity of votes, the vote of the president of the Council is dominating.
§ 2. The prezone receives the allocation referred to in article 67, paragraph 1, 2 °, provided that they fulfil the following obligations: 1 ° appointment by the Council of a president in his breast. By way of derogation from paragraph 1, subparagraph 2 in the case of parity of votes, the preference is given to the oldest candidate.
2 ° appointment by the Council of a coordinator among the officers of the fire service of the prezone equipped with a degree of level A, or, in the absence of candidate with this diploma, among the prezone fire services personnel. His detachment is under an agreement between the prezone and the municipality depends by the officer.
Other people may be totally or partially detached from the prezone or put at the disposal of the prezone in order to assist the Coordinator for specific missions. Professional firefighters are posted through an agreement between the prezone and the municipality in which they depend. Volunteer firefighters are made available to the prezone by their municipality.
3 ° designation by the Board of a receiver or Manager of one of the municipalities of the prezone responsible for the revenue and expenditure of the prezone. His detachment is under an agreement between the prezone and the municipality it depends.
4 ° approval by the Council of a zonal plan of operational organization proposed by the Coordinator, based on an analysis of risk and including at least the determination of human and material resources required for the operational functioning of the area.
These means include:-the recruitment of staff;
-the implementation of a zonal prevention policy in accordance with the national plan of prevention against fire and poisoning in homes;
-the realisation of a zonal plan of training for staff;
-the realization of the plans of action in accordance with the regulations in force;
-the purchase of the personal protective equipment to comply with the Federal minimum standards adopted pursuant to article 119;
-production and the determination of the appropriate departure means specific to the area in accordance with the minimum conditions of fastest adequate aid and adequate determined by the King under article 6, paragraph 2, and for each type of intervention of the uniform list of event-types of call centres unified.
If the zonal plan provides for the establishment of a zonal system, it must be able to respond adequately to the recommendations and alerts made by the center of the unified call system and manage operations in interventions, in accordance with the criteria established by the Minister under section 9 of the royal decree of October 17, 2011 on the organisation of the dispatching of the operational services of civil security.
(5) development by the president of the budget of the prezone and approval by the Council.
This budget includes staff, operating and investment costs, including expenses relating to the recruitment of professional firefighters and volunteers extra compared with the situation existing at the time of the entry into force of this provision, necessary to comply with the human resources under the zonal organizational operational plan referred to the point 4 °.
§ 3. Articles 24, 25, 28 to 31, 32, paragraphs 1 and 3, 33-39, 40, paragraphs 1 and 2, 42, paragraph 1, 1 ° to 3 °, 43-50, 53 to 54, 63 to 66, 67, paragraph 1, 2 °, 3 ° and 5 °, 69, 83-85, 118, 119, 120 to 124 and 126 are applicable to the prézone.
§ 4. For the purposes of the provisions referred to in paragraph 3, there's place to substitute for the words set out in column 1 of the annex the words that are opposite in column 2 of the schedule.
§ 5. The prezone can be arranged in the form of a intercommunale if one of the present fire services on its territory was organized in the form of a intercommunale on the date of August 10, 2007. Specific to the intercommunal bodies in this case exercise the powers of the Council of prezone, the president of this Council, the Coordinator and the receiver or financial manager. If the intercommunal is not composed of all municipalities part of the prezone, the prezone Council is being implemented.
When the prézone is organized in the form of a intercommunale, only articles 25, 64-66, 67, paragraph 1, 2 °, 3 ° and 5 °, 69, 83-85, 118, 119, 120 to 124 and 126 are applicable.
§ 6. In the case where the prézone runs not partially or totally zonal operational organizational plan referred to in paragraph 2, 4 °, within a period of two years from the date of the approval of the Minister or his delegate may reduce or recover fully or partially granted federal staffing to the prézone.
The prezone may not incur loan. "CHAPTER 3. -Amendments to the law of 31 December 1963 on civil protection art. 6. in article 9, § 2, of the Act of 31 December 1963 on civil protection, the following changes are made: 1 ° 1st paragraph, the words "and the prezones referred to in article 221/1 of the Civil Security Act of 15 May 2007" shall be inserted between the words "or by the intercommunal" and the words ", are subjected."
2 ° in paragraph 3, the words 'and the prézones' shall be inserted between the words 'and intermunicipal fire' and the words ', and can proceed.
CHAPTER 4. -Modification du Code penal Art. 7. in article 5, paragraph 4, of the penal Code, amended by the law of 26 April 2002 and 15 May 2007, the words 'the prézones' shall be inserted between the words "emergency zones", and the words "greater Brussels".
CHAPTER 5. -Entry into force art.
8. the King shall adopt the date of entry into force of this Act and the other provisions of the Act of 15 May 2007 civil security insofar as these other provisions are made applicable to the prezone.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given at Chateauneuf-de-Grasse, August 3, 2012.
ALBERT by the King: the Minister of the Interior, Ms. J. MILQUET sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOMl _ Note (1) Session 2011-2012.
House of representatives Documents. -Bill, no. 53 - 2216/1.
-Amendments, no. 53-2216/2. -Report on behalf of the Committee, no. 53-2216/3. -Text adopted by the commission, no. 53-2216/4. -Amendments tabled in plenary, no. 53-2216/5. -Supplementary report on behalf of the Committee, no. 53-2216/6. -Text adopted by the commission, No 7-2216/53. -Text adopted in plenary meeting and transmitted to the Senate, no. 53-2216/8.
Senate Document. -Project not mentioned by the Senate, no. 5 - 1686.
Appendix column 1Colonne 2 zoneprezone collegepresident of the Council members of college Council president President of collegepresident of the Council Commander of (la) area (referred to in article 109) Coordinator officers in charge of postesofficiers-managers to be annexed to the Act of 3 August 2012 amending Act of 15 May 2007 on civil security and the law of 31
December 1963 on civil protection given to Chateauneuf-de-Grasse, August 3, 2012.
ALBERT by the King: the Minister of the Interior Ms J. MILQUET
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