Act On The Amendment Of The Law Of August 10, 2001 Creating A Fund For Financing The International Role And The Function Of Capital Of Brussels And To Amend The Organic Act Of 27 December 1990 Creating Budgetary Funds, And The Organic Law Of The 27

Original Language Title: Loi portant modification de la loi du 10 août 2001 créant un Fonds de financement du rôle international et de la fonction de capitale de Bruxelles et modifiant la loi organique du 27 décembre 1990 créant des fonds budgétaires, et de la loi organique du 27

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19 JULY 2012. - An Act to amend the Act of 10 August 2001 to establish a Fund to Financing the International Role and Capital Function of Brussels and to amend the Organic Law of 27 December 1990 creating budgetary funds, and the Organic Law of 27 December 1990 creating budgetary funds (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - General provision
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Amendments to the Act of 10 August 2001 creating a Financing Fund for the International Role and Capital Function of Brussels and amending the Organic Law of 27 December 1990 creating budgetary funds
Art. 2. In the title of the Act of 10 August 2001 creating a Fund for the Financing of the International Role and the Capital Function of Brussels and amending the organic law of 27 December 1990 creating budgetary funds, the words ", creating a budgetary fund Language Primes" are inserted between the words "the function of capital of Brussels" and the words "and amending the organic law of 27 December 1990".
Art. 3. In Article 2, paragraph 2, of the same law, as amended by the law of 24 December 2002, the words "Funds for certain expenses incurred that are related to security arising from the organization of the European Summits in Brussels" are replaced by the words "Funds for certain expenses incurred that are related to security arising from the organization of the European Summits in Brussels, as well as security and prevention expenditures in relation to the function of the national and international capital of Brussels".
Art. 4. In article 3 of the same law, replaced by the law of December 24, 2002 and amended by the law of December 22, 2003, the words "and EUR 100.000.000 from the fiscal year 2004" are replaced by the words ", € 100.000.000 from the fiscal year 2004 and € 125.000.000 from the fiscal year 2013".
Art. 5. In section 4 of the Act, replaced by the Act of 24 December 2002, the following amendments are made:
1st paragraph 1er is repealed;
2° in paragraph 2, becoming the single paragraph, the words "under the preceding paragraph" are replaced by the words "under Article 64ter, § 1er, paragraph 2, of the special law of 16 January 1989 on the financing of the Communities and Regions".
Art. 6. In section 5 of the Act, replaced by the Act of 24 December 2002, the phrase "Federal members of the Co-operation Committee, after the advice of the Co-operation Committee, decide on the use of the means referred to in section 4. is repealed.
Art. 7. In the same Act, a chapter II/1, entitled “Chapter II/1. Creation of a budget fund Language allowances".
Art. 8. In chapter II/1, inserted by article 7, an article 5/1 is inserted as follows:
"Art. 5/1. Pursuant to Article 62 of the Act of 22 May 2003 on the organization of the budget and accounting of the federal state, a budgetary fund is created for the financing of the language premiums. "
Art. 9. In the same chapter II/1, an article 5/2 is inserted as follows:
"Art. 5/2. A levy on the proceeds of the tax of natural persons is assigned to the fund referred to in section 5/1. This amount is up to 25 million euros from the 2012 fiscal year.
This basic amount is adjusted annually to the fluctuation rate of the average consumer price index according to the terms set out in section 47, § 2, of the special law of 16 January 1989 on the financing of the Communities and Regions. "
Art. 10. In the same chapter II/1, an article 5/3 is inserted as follows:
"Art. 5/3. Expenses that may be incurred as a dependant of the funds referred to in section 5/1 are subsidies for the financing of language premiums in favour of:
(a) the Brussels-Capital Region, the Brussels-Capital Agglomeration, the Joint Community Commission, as well as public services that fall under these institutions;
(b) local services within the meaning of Article 9 of the coordinated laws of 18 July 1966 on the use of languages in administrative matters located in the administrative district of Brussels-Capital;
(c) hospitals that depend on public social action centres in the municipalities of the administrative district of Brussels-Capital.
The sampling referred to in section 5/2 shall be distributed annually among the services and institutions referred to in paragraph 1er which have been introduced before 1er March of the current year a survey of their agents who received a language allowance during the previous year and the amount they paid to them in that capacity. The distribution is proportional to the number of such officers per service or institution referred to in paragraph 1er and without the amount paid to each service or institution may exceed the amount paid to the agents. Only holders of a second language knowledge certificate, issued in accordance with the coordinated laws of 18 July 1966 on the use of languages in administrative matters, are taken into account for the allocation of funds.
For the year 2012, the fund's revenues are distributed among the services and institutions referred to in paragraph 1er which have been introduced before 1er October 2012 a survey of their agents receiving a language premium as of December 31, 2011, proportionally to the number of such agents.
The King may, by order deliberately in the Council of Ministers, fix the terms and conditions for the execution of this article. "
CHAPTER 3. - Amendment of the Organic Law of 27 December 1990 creating budgetary funds
Art. 11. In the table annexed to the Organic Law of 27 December 1990 creating budgetary funds, last amended by the Act of 29 March 2012, the following amendments are made:
1° the title of the "Function Fund for certain expenditures that are related to security arising from the organization of the European Summits in Brussels" is replaced as follows:
"Fund funding for certain expenditures that are related to security arising from the organization of the European Summits in Brussels, as well as security and prevention expenses related to the function of the national and international capital of Brussels. »;
2° the entry 13 - Interior is supplemented by the following:
« Name of the organic budget fund:
4 - X Language Premium Funding
Nature of income affected:
A levy on the proceeds of the tax of natural persons, pursuant to section 5/2 of the Act of 10 August 2001 creating a Fund for the Financing of the International Role and Capital Function of Brussels and amending the Act of 27 December 1990 creating budgetary funds.
Nature of authorized expenditures:
Grants to the Brussels services and institutions referred to in Article 5/3 of the Act of 10 August 2001 creating a Fund for the Financing of the International Role and Capital Function of Brussels and amending the Organic Law of 27 December 1990 creating budgetary funds for the financing of the language premiums. "
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, 19 July 2012.
ALBERT
By the King:
The Prime Minister,
E. DI RUPO
Minister of Beliris,
Ms. L. ONKELINX
The Minister of Budget,
O. CHASTEL
State Secretary to Institutional Reforms,
Mr. WATHELET
State Secretary to Institutional Reforms,
S. VERHERSTRAETEN
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) Documents of the House of Representatives:
Doc 53 2290/ (2011/2012):
001: Project transmitted by the Senate.
002 and 003: Amendments.
004: Report.
005: Text corrected by commission.
006: Text adopted in plenary and subject to Royal Assent.
Full record: 12-13 July 2012.
Documents of the Senate:
5-1569 - 2011/2012:
N° 1: Proposal by MM. Moureaux et Claes, Mme Defraigne, MM. Anciaux, Cheron, Tommelein and Delpéré and Ms. Piryns.
No. 2: Opinion of the State Council.
No. 3: Amendments.
Number 4: Report.
No. 5: Text adopted by the commission.
No. 6: Text adopted in plenary and transmitted to the House of Representatives.
Annales of the Senate: June 21, 2012.