Law Containing The Ways And Means Of The Fiscal Year 2012 Budget (1)

Original Language Title: Loi contenant le budget des Voies et Moyens de l'année budgétaire 2012 (1)

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Posted the: 2012-03-01 Numac: 2012003074 SERVICE PUBLIC FEDERAL BUDGET and control of the management 16 February 2012. -Law containing the budget for ways and means of the budgetary year 2012 (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The House of representatives has adopted and we sanction the following: Article 1. This Act regulates a matter referred to in article 74, 3 °, of the Constitution.
S. 2. for the fiscal year 2012, current income and the State are valued: for tax revenues, to... EUR 42.423.063.000 for non-tax revenues, to... EUR 6.240.152.000 be together... EUR 48.663.215.000 in accordance with title I of the attached table.
S.
3. for fiscal year 2012, revenue capital are valued at the sum of 374.076.000 euros, in accordance with title II of the attached table.
S. 4. for the fiscal year 2012, the proceeds of borrowings is estimated at 47.417.699.000 euros, in accordance with title III of the attached table.
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5. the direct and indirect taxes in main and additional decimated for the benefit of the State, existing at December 31, 2011, will be recovered during the year 2012 according to the laws, orders and rates which solve the attitude and perception, including the laws, orders and prices which have only a provisional or temporary character.
S. 6. the application of articles 3 and 4, § 1, of the Act of December 28, 1954 containing the channels budget and average for the year 1955, shall be extended until 31 December 2012.
S. 7 the King can, in limits and conditions that it determines, to grant tax exemptions to income from loans which, in 2012, would be issued or placed mainly abroad by the federal State, the communities, regions, provinces, agglomerations, municipalities and institutions or public bodies, and in particular the Treasury bills denominated in foreign currencies.
With regard to the income of these loans which would be held by Belgian residents, tax exemptions can however be granted to financial institutions only or undertaken y assimilated and professional investors referred to in article 105, 1 ° and 3 °, AR/CIR 92, and, without prejudice to the application of article 262, 1 ° of the 1992 income tax Code legal persons referred to in article 220 of the 1992 income tax Code.
S. 8 § 1. For the deficiency of revenue over expenditures for the year 2012, including, under the management of the public debt, loan reimbursements and possible expenses resulting from operations of financial management referred to in § 3, 1 °, below, or the passenger imbalances in cash in fiscal year: 1 ° the King is authorised to issue Government bonds.
Where the King has established a general framework for the issue of loans that determines the limits of the powers that can be delegated, the Minister of finance may be allowed to emit, during the budgetary year, borrowings which fall within this framework.
2 ° the Minister of finance is authorized to issue certificates of cash, Treasury or any instrument of financing other than public loans interest-bearing bills.
The authorizations referred to in the first paragraph, 1 ° and 2 °, are also applicable to the issuance of government bonds and other instruments of financing interest which the conditions are laid down in the course of 2012 and the proceeds are paid to the Treasury during a fiscal year to cover, under the management of the public debt, the inadequacy of income over expenditures for the past fiscal year.
The borrowings referred to in the first paragraph, 1 ° and 2 °, and paragraph 2, may be issued as well in Belgium as abroad, in euro and in foreign currencies.
§ 2. The management of the public debt has for primary objective to minimize the financial cost of the debt of the federal Government as part of a risk management market and operational risks and in accordance with the General objectives of fiscal policy and monetary policy.
The management of the public debt is also intended to minimize the financial cost of debt of the public entities of the central administration, other than the federal Government itself.
To this end, the Minister of finance determines, on proposal of the strategic Committee of debt operating within the General administration of the Treasury, the General guidelines applicable to the management of the debt of the federal State; These guidelines focus in particular on the structure of the debt portfolio and the level of risk that may be associated to him.
The strategic Committee of debt makes provisions for the implementation of these guidelines. They frame the financial transactions themselves by the Agency of debt created within the FPS finance, general administration of the Treasury.
§ 3. The Minister of finance is authorized: 1 ° to conclude any transaction of financial management within the limits determined pursuant to § 2 above.
Financial management operation, means: a) operations of day-to-day management of the Treasury, namely financial transactions resulting from the need to ensure the daily balance of Fund;
(b) trade in securities;
c) adaptation of the contractual conditions or terms for repayment of existing loans, made an agreement with lenders and in accordance with the conditions of the market;
d) investments of any kind, including those necessary for the continuity of the financing of Treasury;
(e) interest swaps and currency swaps, options, futures, and other instruments of risk financial, budgetary and management of credit related to the debt of the federal State and authorized by the Minister of finance pursuant to § 2 above;
(f) purchases of debt securities of the federal State on the secondary markets);
g) updates available temporary, through surrender-surrender operations or other which have a similar economic effect, certificates of cash, linear bonds, split securities and the State vouchers for primary dealers and recognized dealers.
On proposal of the strategic Committee of the debt, updates with temporary provisions referred to in paragraph 1 may be extended to institutions subject to a duty of rating for the treasure of Kingdom of Belgium values, other than the primary dealers and recognized dealers referred to in paragraph 1;
h) provision of money during a very short period by the Treasury as a lender as a last resort, public entities of the central administration. This provision must be due to insufficient supply of the account of the entity concerned with bpost caused by operational problems and be required to perform urgent payments;
i) financial Treasury operations other than those referred to the point h) with public entities of central administration, with the exception of facilities of cash to cover short-term gaps cash of those entities for which other modalities for the placement or the investment of their availability as provided for in article 3 of the royal decree of 15 July 1997 on the financial assets of the General Government consolidation measures are stopped taken pursuant to articles 2, § 1 and 3, § 1, 6 °, and § 2 of the law of 26 July 1996 to achieve the budgetary conditions of the participation of Belgium in the Economic Union and European monetary or for which is fixed a minimum amount of supplies from which the said article 3 provisions shall apply;
(j) products derived for management: a. the cost of the energy consumption of the federal State;
b. the cost of the other operating costs of the federal State, the King may designate.
2 ° in addition to existing debt securities exchange against new linear bonds, outstanding proportion of interest payments to the outstanding securities, through delivery to the beneficiaries of linear bonds;
3 ° in accordance with the convention on January 5, 1994 with the National Bank of Belgium to create representative dematerialised securities of the debt of the State, with the same characteristics as those of the outstanding securities to lend these short-term securities at the National Bank of Belgium according to the needs of its settlement system for securities;
4 ° to proceed to the issuance of certificates of cash and linear bonds to bring in Treasury account in the settlement system for securities of the National Bank of Belgium to make possible the operations provided for in 1 °, g);
5 ° to carry out the needs of the settlement system for securities of the National Bank of Belgium, to the creation of linear bonds having the same characteristics as linear bonds outstanding to make possible the reconstruction of linear bonds using the BE-strips.
§ 4. By way of derogation from article 19 of the law of 22 May 2003 on the organisation of the budget and accounts of the federal State, the products of instruments of short-term financing (certificates of cash, Treasury bills and similar instruments) and the products resulting from the transactions referred to in § 3, 1 °, g), are not included in the budget.
In order to ensure the continuity of the financing of Treasury, the authorisations referred to the paragraph.

1, first paragraph, 1 ° and 2 °, also apply to loans whose conditions are laid down in the previous budget years and whose proceeds are paid to the year 2012.
The Minister of finance is authorized to manage cash in foreign currencies to avoid any impact on the conduct of monetary policy operations in foreign currencies in the context of the financial management of the Treasury.
In the context of the financial management operations provided for in § 3, 1 °, above, the Minister of finance is authorized to hold securities: 1 ° in the settlement system for securities of the National Bank of Belgium;
2 ° in the international systems of liquidation of securities as well as in the international systems of conservation of securities;
3 ° in some financial institutions authorized by the legislation which is applicable to keep securities on deposit for account of third parties.
§ 5. The Minister of finance may delegate to officials General of the SPF finance, general administration of the Treasury, as well as to the staff of the Agency debt incorporated within the General administration of cash which it designates for the specific tasks outlined by him: has) the power to determine, within the limits laid down by the King and the needs of the Treasury the amount and financial emissions of covered public borrowing conditions in the § 1 , first paragraph, 1 °, and paragraph 2, as well as the powers necessary for the successful completion of these emissions;
b) powers referred to the § 1, paragraph 1, 2 °, and paragraph 2, § 3 and § 4, paragraphs 3 and 4.
S. 9 § 1. The Minister of finance is authorized to wear interest revenue or expenditure in interest on public debt management operations respectively deduction or charge of the section "public debt" interest credits of the general budget of the expenses.
§ 2. He is also authorized to wear the capital revenue or expenditures on capital management of the public debt transactions in the maturities of loans respectively deducted or dependant of the appropriations amortization of the "public debt" section of the general budget of the expenses.
§ 3. The provisions of paragraph 2 shall not apply to bonuses paid when selling or buying options.
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10. by way of derogation from article 17 of the royal decree No. 150 of March 18, 1935, coordinating laws relating to the Organization and the functioning of the Caisse des Dépôts et Consignations and with Amendments Act of July 31, 1934, the rate of interest to improve in 2004. in consignments, voluntary deposits and bonds of all categories assigned to the Caisse des Dépôts et Consignations will be fixed by the Minister of finance.
S. 11. for projects falling within their competence, to the implementation of article 5, § 1, of Regulation (EEC) no 1941/81 on an integrated development programme for the areas of Belgium, the financial means to be allocated shall be paid into the budgets of the Regions.
These financial resources are collected on refunds to the Belgian Treasury which the European communities are required to perform, in respect of collection costs, pursuant to article 3, 1 °, fifth paragraph, of the decision of 21 April 1970 of the Council of Ministers of the communities European concerning the replacement of the contributions of Member States by the communities own resources European approved by the Act of 23 December 1970.
The amounts to be transferred are determined by the Minister of Finance on the basis of determined contest or planned by the Commission of the European communities.
S. 12. with a view to the implementation of article 11 and article 18, paragraph 2, of Regulation (EC, EURATOM) No 1150/2000 of the Council of 22 May 2000 implementing Decision 94/728 / EC, Euratom on the system of the resources of the communities, the unrecognised accruals, detected during controls, plus interest are put at the disposal of the Commission European.
By way of derogation from article 3 of the statutes on accounting of the State, coordinated on July 17, 1991, these accruals increased interest are collected on refunds to the Belgian Treasury which the European communities are required to perform, as collection costs, pursuant to article 3, 1 °, fifth paragraph, of the decision of 21 April 1970 of the Council of Ministers of the communities European concerning the replacement of the contributions of Member States by the communities own resources
European, approved by the Act of 23 December 1970.
S. 13. pursuant to article 53, 1 ° of the special law of 16 January 1989 on the financing of the communities and the regions, as amended by the Special Act of 16 July 1993 aimed at completing the Federal State structure and the special law of 13 July 2001 on the refinancing of the communities and extension of tax powers regions, and taking into account : - of the allocation referred to in article 4, § 5 of the same special Act of January 16, 1989, the interests of delay, the burden of interest on arrears and tax fines fixed and proportional regional tax referred to in article 3 of this special Act;
-of the situation referred to in article 5, paragraph 3, second subparagraph, where the Flemish Region provides itself, from the year 1999, the service tax for property tax referred to in article 3, 5 ° of the said special law;
-of the situation referred to in article 5, § 3, where the Walloon Region provides itself, from January 1, 2010 the service tax for regional taxes referred to in article 3, 1 °, 2 ° and 3 ° of the Special Act and where the Flemish Region ensures itself, from January 1, 2011 the service tax for the regional taxes referred to in article 3 10 °, 11 ° and 12 ° of the said special law;
transfers regional tax referred to in article 3 of the said special law, plus interest and penalties referred to above, are estimated for the year 2012 to 3.719.038.000 budget, EUR for the Flemish Region, 2.318.294.000 EUR for the Walloon Region and 1.177.018.000 EUR for the Brussels-Capital Region.
S. 14. pursuant to article 53, 2 ° of the special law of 16 January 1989 on the financing of the communities and regions, amended by the Special Act of 16 July 1993 aimed at completing the Federal State structure and the special law of July 13, 2001 on the refinancing of the communities and extending the tax competences of regions and taking into account the law of 23 May 2000 laying down the criteria referred to in article 39 , § 2 of the Special Act of 16 January 1989, the transfers referred to in article 36 of the Act for the fiscal year 2012, including the likely count of the fiscal 2011 year balance, are estimated at 13.452.009.330 EUR 8.910.992.220 EUR for the French community and the Flemish community.
Pursuant to section 59 of the Act of 31 December 1983 of institutional reforms for the German-speaking community the transfer referred to in article 58nonies of the Act for the fiscal year 2012, including the likely balance of the fiscal year 2011 countdown, is estimated at 6.152.962 EUR for the German-speaking community.
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15. pursuant to sections 53, 3 ° and 35octies of the Special Act of 16 January 1989 on the financing of the communities and the regions, as amended by the Special Act of 16 July 1993 aimed at completing the Federal State structure and by the special law of 13 July 2001 on the refinancing of the communities and extension of the tax competences of the regions the transfers referred to in articles 34 and 35b to 35septies for the fiscal year 2012, including the likely count of FY 2011 balance, are estimated at 6.303.588.522 EUR for the Flemish Region to 3.770.213.266 EUR 1.028.476.069 EUR for the Brussels-Capital Region and the Walloon Region.
S. 16. the transfer referred to in article 65bis of the Special Act of 16 January 1989 on the financing of the communities and the regions, as amended by the Special Act of 16 July 1993 aimed at completing the Federal State structure and by the special law of 13 July 2001 on the refinancing of the communities and extension of the taxation powers of the regions, for the fiscal year 2012 including the likely balance of the fiscal year 2011 countdown, is estimated at 28.511.046 EUR for the French Community Commission and EUR 7.127.762 for the Community Commission Flemish.
S. 17. subject of voting and publication in the Moniteur belge no later than December 31, 2012, of the Special Act on execution of the component of the agreement of Government by December 1, 2011, including the amendment of the financing of the communities, regions and the community commissions, the transfer referred to in article 65bis of the special law of 16 January 1989 on the financing of the communities and regions as amended by the Special Act of 16 July 1993 aimed at completing the federal structure of the State and by the special law of 13 July 2001 on the refinancing of the communities and the regions taxation powers extension, is increased for the fiscal year 2012 10,000,000 EUR, among the French Community Commission and the Community Commission Flemish, accordance with the key referred to in the last subparagraph of article supra 65bis.
S. 18. the transfer referred to in article 46bis of the Special Act of 12 January

1989 related to the Brussels institutions, as amended by the special law of 13 July 2001 on various skills transfer to the regions and communities as well as by the special law of 13 July 2001 on the refinancing of the communities and extension of the taxation powers of the regions, for the fiscal year 2012, including the likely balance of the fiscal year 2011 countdown is estimated at EUR 35.638.808.
S. 19. revenues for the benefit of the communities and regions are paid, as appropriate, either to a fund allocation to the general expenditure budget, or an order of cash account.
S. 20. this Act comes into force on January 1, 2012.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels on February 16, 2012.
ALBERT by the King: the Minister of finance, VANACKERE Minister of Budget, O. CHASTEL sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Regular Session 2011-2012.
Parliamentary papers. -Bill, no. 1943/001. -Schedules, no. 1943/002 and 005. -Observations of the Court of Auditors, no. 1943/003. -Amendments, no. 1943/004, 006 and 007. -Report, no. 1943/008. -Text adopted, no. 1943/009.
Parliamentary Annals.
-Discussion. Meetings on 1 and 2 February 2012. Adoption. Meeting of February 2, 2012.

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