Finance Law For Fiscal Year 2012 (1)

Original Language Title: Loi de finances pour l'année budgétaire 2012 (1)

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Posted the: 2011-12-30 Numac: 2011003432 SERVICE PUBLIC FEDERAL BUDGET and control of the management 21 December 2011. -Finance law for fiscal 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: chapter I:. -Available general Article 1.
This Act regulates a matter referred to in article 74, 3 ° of the Constitution.
CHAPTER II.
-Credits interim art. 2 § 1. Interim supply credited on the general budget for the year fiscal 2012 are open for the months of January, February and March to the amounts contained in the table annexed to this Act.

§ 2. The charge of variable organic Fund appropriations are estimated for the first three months of the fiscal year 2012 to the amounts indicated in the table annexed to this Act.

§ 3. The imputations of sections 12 - SPF Justice, 13 - SPF inside, 16 - Department of Defense, 17 - Federal Police and integrated operation, 19 - Board of buildings, 21 - Pensions and 46 - SPP science policy can be made according to the structure by programs and basic coding contained in the attached table.
S. 3 § 1. Commitment authorizations are granted for the first three months of the fiscal year 2012 to competition from: Interior - migration policy funding: 1.925.000 EUR.
FOREIGN, trade outside and COOPERATION to development - Belgian Fund for food security: 4.176.000 EUR.
National Defence - Fund reinvestment of revenues from the disposal equipment, materials or surplus munitions part of the heritage entrusted to the management of the Minister of defence: 5,000,000 EUR.
-Fund reinvestment of revenues from the alienation of immovable property forming part of the heritage entrusted to the management of the Minister of defence: 5,000,000 EUR.
Federal and operating integrated POLICING - the external and back borders Fund referred to in article 11 of the Act of 21 December 2007 establishing the various (I) provisions: 332,000 EUR.
SOCIAL INTEGRATION, fight against poverty and social economy - federal European social fund - programming 2007 - 2013: 2.229.000 EUR.
-European Fund for the integration of third-country nationals: 165.000 EUR.
§ 2. By way of derogation from article 62 of the law of 22 May 2003 on the organisation of the budget and accounts of the federal State, the following organic funds are allowed to present a debtor position in commitment and in liquidation which may not exceed the following amounts:-implementation of the correction mechanism Fund created during the transfer of buildings of the former gendarmerie to Commons and pluricommunales police areas
: 2.913.000 EUR.
-External and back borders Fund referred to in article 11 of the Act of 21 December 2007 amending various provisions (I)(en liquidation): 1.884.000 EUR.
-Fund for the payment of advances on maintenance claims: 72.100.000 EUR.
-Fund to fight against over-indebtedness: 5,000,000 EUR.
-The Fund for the Organization of exceptional transport: 250.000 EUR.
-The Fund for the operation of railway transport dispatch: 522,000 EUR - the Fund for the operation of the rail safety authority: 2,150,000 EUR.
-The Fund for the operation of the rail accident investigation agency: 275.000 EUR.
-Federal European Social Fund - programming 2007-2013 (in liquidation): 5.519.000 EUR.
S. 4 optional subsidies may be granted on basis of the special provisions in the general budget expenditures by fiscal year 2011.
S.
5. provisions may be allocated to the lawyers, experts and bailiffs acting on behalf of the State.
S. 6 § 1. By way of derogation from article 52, paragraph 1, 1 °, of the law of 22 May 2003 on the organisation of the budget and the accounts of the federal State, the commitment appropriations for basic allowances relating to the remuneration and allowances whatsoever "11.00.03 - final and trainee staff" and "11.00.04 - other staff" as well as basic 12.00.48 and 12.21.48 may be redistributed only among themselves within a single section of the budget.
This derogation shall not apply to basic allowances relating to the expenditure of the strategic bodies of Ministers and Secretaries of State.
§ 2. By way of derogation from article 52, paragraph 1, 1 °, of the law of 22 May 2003 on the organisation of the budget and the accounts of the federal State, the commitment appropriations of basic 11.00.05 and 11.40.05 - social service expenditures - and a basic benefit expenses of operating and investment offer of economic codes 12 and 74, specific or non and under or rather than a subsistence program can be redistributed between them and only them within a single section of the budget.
This derogation shall not apply to basic allowances relating to expenditures of the strategic bodies of Ministers and Secretaries of State, or basic 12.00.48 and 12.21.48.
§
3. By way of derogation from paragraph 2, the basic benefit is referred may be redistributed within a same section of the budget, also to basic 21.00.01 and 21.40.01.
S.
7. by way of derogation from article 48, paragraph 3 of the law of 22 May 2003 on the organisation of the budget and the accounts of the federal State, subsidies may be granted in accordance with article 43 of the Act of January 12, 1989 related to the Brussels Institutions, and the Fund for financing the international role and the function of capital of Brussels.
S. 8 § 1. Departmental special provisions of the Act of May 30, 2011, containing the general estimates of fiscal year 2011 and the third adjustment of expenditures for the fiscal year 2011 budget may be applied mutatis mutandis for the execution of this Act.
§ 2. By way of derogation from article 66 of the law of 22 May 2003 on the organisation of the budget and the accounts of the federal State, advances to a maximum of 2,500,000 EUR can be granted to accountants of the SPF Justice;
Through these advances, receivables concerning operating costs and allowances of all kinds, can be paid for in the box below: 1. a debt with a lower value as determined by the King in relation to markets found by an invoice accepted, to:-the accountant of the Budget, management control and Logistics Management Service. Accountant, responsible for the payment of costs of missions abroad, is authorized to make the necessary advances to employees sent on missions abroad.
-the accounting of the central administration of the Directorate General of prisons;
-the accountant's branch of the judiciary;
2. whatever the amount of the claim:-the accountant of the social Service for the payment of social allowances and relief, as well as allocations for cultural and sports circles created by the staff of the SPF Justice;
-the accountant of a penal institution for payment of urgent expenditures for food and maintenance of detainees and internal as well as all the hotel operating costs;
-the accounting officer of the national Centre for electronic surveillance to pay the integration income;
-the accountant of the State security for the payment of the confidential expenses.
§ 3. By way of derogation from article 66 of the law of 22 May 2003 on the organisation of the budget and accounts of the federal State, advances may be granted to the Accountants of the SPF Interior for a maximum amount of EUR 5,000.
Through these advances, accountants are allowed to pay all the urgent expenditure not exceeding EUR 500 by expenditure (VAT included).
The advances granted to members of staff in missions abroad can also exceed the supra threshold of EUR 500.
By way of derogation from paragraph 1, a maximum of 25.000 EUR advances may be granted for: 1) spending as part of a mission abroad.
(2) expenditure carried out by the central accounting of advances from the DG civil security;
(3) all the program expenditures 55 for the costs of repatriation and removal of persons considered undesirable.
The EUR 500 limit does not apply to these expenses.
By way of derogation from paragraph 1, advances of funds for a maximum amount of EUR 15 000 can be allocated for all expenditure carried out by accountants:-centres closed the Office for foreigners;
-DG civil security columns.
§ 4. By way of derogation from article 66 of the law of 22 May 2003 on the organisation of the budget and accounts of the federal State, advances may be granted to the accounting of the Ministry of defence for the execution of contracts awarded by the Belgian Military Supply Office (BMSO) located in Washington.
Advances may also be granted to the accounting of the Ministry of defence as well as to the staff of the Ministry of defence.
These advances are transferred by the Minister of finance or his servant on the accounts of the beneficiaries.
In case of emergency or when the circumstances so require, these advances are paid by the Accountants of

advances of the Ministry of defence, which receives funds from the Minister of finance or his servant.
The total amount of the advances referred to in the preceding paragraphs may not exceed EUR 27 million.
§ 5. The Minister of the Interior is authorized to liquidate and pay provisional advances on the compensation to be paid by the State to the head of damages suffered by members of staff or third parties.
§ 6. By way of derogation from article 66 of the law of 22 May 2003 on the organisation of the budget and accounts of the federal State, advances may be granted to accountants of BELSPO for a maximum amount of:-400.000 EUR, BELSPO accountants and accountants of the institutions which subordinate.
-1,000,000 EUR, accountant of the national garden of Belgium.
Through these advances, the extraordinary accounting of the SPP can payment of claims of any nature, including the purchase of movable heritage assets, not exceeding 5,500 EUR.
Any balance of these advances to December 31, 2011 will be used for expenditures for the year 2012.
By way of derogation from article 66 of the law of 22 May 2003 on the organisation of the budget and the accounts of the federal State of the successive advances of an amount not exceeding 2,500 EUR can be granted to the accounting officer responsible for the liquidation of the relief and social allowances.
Section 12 - SPF Justice s.
9. by way of derogation from article 62 of the law of 22 May 2003 on the organisation of the budget and accounts of the federal State and by way of derogation to article 185 of the programme act of December 23, 2009 revenues for the benefit of the Fund of the Commission of games of chance (programme 12-62-5) are abandoned to a maximum of EUR 50,000 and attributed to the Fund for the fight against over-indebtedness (program 32-49-2).
Section 14 - FPS Foreign Affairs, foreign trade and Cooperation to the development art. 10. during the first three months of the year 2012, the State may enter into new multi-year commitments with partner countries for a total amount of 62.500.000 EUR. In addition, outstanding bilateral commitments, to be run by the SCG, may not exceed EUR 750.000.000. It is projects and programs to be run by the SCG on the allocation of basic 54.10.54.52.02.
Any commitments made under this section, is submitted to the controller of commitments that will verify the application of the procedures for administrative and budgetary control and compliance with the ceiling.
Before the tenth of each month, the controller of the commitments shall send the Court of Auditors, for information, a prepared statement in triplicate, accompanied by supporting documents, containing both the amount of commitments over the past month and the amount of liabilities registered since the beginning of the year.
S. 11 § 1. During the first three months of the year 2012, a programme of loans to foreign States can be negotiated to 13.900.000 EUR.
In light of the budgetary resources provided for this purpose, the loan program must be approved by the Council of Ministers. There mention, firstly, loans to priority and priority loans replacement, in the form of a multiannual programme.
Replacement loans can override at any time to ready to realize initially that are deleted.
Commitments controller recognises achievements and replacements program loans.

§ 2. Loans to foreign States are committed by the controller of commitments prior to notification of the loan agreement, at the time where the Minister of finance agreed to the loan to make by signing a power of attorney or the loan agreement.
S. 12. the claim of 10 044 464,40 USD (arrested on December 31, 2010 value) including the features Belgium on the Inter-American Bank of development (IDB) may be reassigned to the amount of USD 7 681 910 for the cost of the participation of Belgium in the ninth replenishment of the Inter-American Bank of development (IDB). On the basis of consultations between the Belgium and the Bank, the balance of this debt will be assigned before December 1, 2011, a priority area of work for the Belgian development cooperation, otherwise it will be paid to ways and means of the State. Any changes to the above assignment will be forwarded to the Court of Auditors and the Minister for the Budget.
S.
13. in the context of the litigation in which the No. 124/04/11 by April 15, 2011 judgment was delivered by the 4th room of Court of First Instance of Brussels, the Minister of Development Cooperation is authorized to conclude a transaction.
S. 14. the charges to section 14 - FPS Foreign Affairs, foreign trade and Development Cooperation, Division 54 - Directorate-General for Development Cooperation, can be performed according to the programs structure and encoding of basic allowances adapted in the table annexed to this Act.
Section 16 – Ministry of defence art. 15. by way of derogation to article 117 of the law of 22 May 2003 on the organisation of the budget and accounts of the federal State and by way of derogation from article 151 of the programme act of 2 August 2002 the Minister of defence is allowed, both in technical cooperation and emergency aid to third countries, and in that of the mutual assistance provided for in article 3 of the North Atlantic Treaty to proceed without charge to the provision of service and/or assign equipment and/or materials from stocks of the Armed Forces in the countries to which assistance is granted.
S. 16. the contracts to be awarded by the Ministry of defence in the United States of America or the Canada may be concluded according to the negotiated procedure.
The funds obtained through appropriation orders issued in the past can be used to pay for expenses arising from the above contracts.
Surplus funds are donated to the Treasury as soon as the accountant concerned has submitted to the Court accounts on behalf of management with the final statement of the contracts for which these funds have been allocated.
Obligations arising from purchase orders given to the Belgian Military Supply Office (BMSO) in Washington before the beginning of the budgetary year and which could be contracted before that date may be during the fiscal year within the balance of the amounts that were incurred by the head of these purchase orders.
Are charged to load of the commitment appropriations for the budgetary year amounts that are engaged the Chief of purchase orders to the Belgian Military Supply Office (BMSO) in Washington during the budget year, regardless of the year are contracted obligations arising from these purchase orders.
May also be concluded according to the negotiated procedure, the markets and exchange agreements with the agencies of the Organization NATO maintenance and supply agency (NATO maintenance and supply and its subordinate bodies), as well as those concluded with a member country of NATO in an international agreement, having as objective the supply of spare parts, rations, maintenance or repair of the equipment implemented and the destruction or demilitarization equipment or ammunition.
S. 17. within the limits of the appropriations entered in basic allowances concerned, the following subsidies can be granted to the agencies listed in the 50/9 program activities: support cartographic Institut geographic National recognition national ASBL "air Cadets of Belgium Union Royal National Reserve officers of Belgium Union Royal national non-commissioned officers of Reserve of Belgium ASBL"Tank Museum"ASBL"Brussels Air Museum Fund"ASBL"friends of the Navy of the Royal Museum of the army and history Section military"ASBL"The friends of the music Royale des Guides"ASBL"Belgian Air Force Royal Symphonic Band Association";
ASBL "Corps Royal de les Cadets of Marine – Belgium" Breendonk Fort National Memorial helps social, housing and CULTURE Office Central Social and cultural (OCASC) of the Ministry of defence staffing the Museum ROYAL of the Army Museum Royal Army and military history article 18. the Treasury is authorized to make advances in the context of the payment and reimbursement of remuneration on behalf of other departments or services, foreign or international agencies, or other third parties.
These advances are recorded on accounts opened for this purpose in the accounting plan of the Ministry of defence.
The cumulative amount of the debit positions of these accounts cannot exceed 55 million euros.
S.
19 operations of revenue and expenditure for order under international or national treaties and agreements are recorded on accounts opened for this purpose in the accounting plan of the Ministry of defence.
The balance of these accounts may be paying for more than six months. Where the cumulative balance of these accounts is in debit, this balance may not exceed EUR 10 million.
The law of contracts in the name of the State as well as the system of delegation shall apply to expenditure transactions.
These are subject, prior to any legal commitment, the opinion of the Inspector of finance in accordance with the provisions of articles 14 and 15 of the royal decree of 16 November 1994 on the administrative and budgetary control.
S.

20. the Minister of defence is allowed to use revenue from the interest earned on advances deposited with the 'Federal Reserve Bank of New York"to a maximum of 100,000 euros, under contracts for the supply of aircraft, logistics support, ground and facilities related costs for all of the F-16 fleet.
S. 21. by way of derogation from article 61, 2nd paragraph of the law of 22 May 2003 on the organisation of the budget and the accounts of the federal State, the Minister of defence is allowed to acquire a simulator of mine through a joint financial participation of the Kingdom of Belgium and the Kingdom of the Netherlands.
By way of derogation from the provisions of article 19 of the law of 24 December 1993 relating to the procurement and certain contracts for works, supplies and services, the Minister of defence is authorized to conclude a single market, attributed in accordance with the provisions of the law of 24 December 1993 referred to above and to the joint acquisition of a simulator of mine with the Netherlands that mandated for this purpose.
Expenditure under this market operations are subject, prior to any legal commitment, the opinion of the Inspector of Finances in accordance with the provisions of the royal decree of 16 November 1994 on the administrative and budgetary control.
S.
22. by way of derogation from article 61, 2nd paragraph of the law of 22 May 2003 on the organisation of the budget and accounts of the federal State, the Minister of defence is allowed to use revenue realized from 2002 from timber sales in the areas that are part of the heritage entrusted to its management, collected and shall be charged to the Fund of reinvestment of revenues from the alienation of immovable property forming part of Heritage entrusted to the management of the Minister of defence and allocated to the programme 16-50-3, in accordance with article 41 of the programme law of July 19, 2001.
S. 23. in the context of a contract of sale on F-16 aircraft to be concluded by the negotiated procedure, in pursuance of article 41 of the programme law of July 19, 2001, the Minister of defence is authorized, as an exception to article 117 of the law of 22 May 2003 on the organisation of the budget and accounts of the federal State : - to sell non-surplus equipment making part of the heritage entrusted to its management, - in the context of the delivery of logistics support and related services commitments for consideration towards the buyer, - to give the buyer a pre-financing payment.
Prior to any legal commitment in the context of the conclusion of a contract of sale, including any unilateral commitment, arising from the above-mentioned provisions, the notice of financial oversight and the agreement of the Minister for Budget are requested in accordance with the royal decree of 16 November 1994 on the administrative and budgetary control.
The expenditure and revenue in the sale of non-surplus equipment as well as the services described above are treated as transactions for order within the meaning of section 17 of this Act.
S.
24. the recoverable advances granted to the Office for information and assistance to the families of military personnel (ICFTU) in 1969, 1993 and 1994, with a total amount of 619.733,81 euros are Central Office of Social Action and cultural definitivementacquises for the benefit of members of the military community (OCASC).
Section 17 - Police federal and integrated operation s. 25. the costs for health care abroad can be paid in the form of advances provisional, if need be.
S. 26. concerning budgetary accounts-related operations addresses 1787075074 B 8 11118, 11128, 11208, 11318, 11328 and 11408, each time followed by code 0030000 (old account 87.07.50.74.B of the "order of cash operations" section), can create a debtor position of these accounts. This debtor position may not however exceed 3,500,000 EUR.
S. 27. by way of derogation from the provisions of articles 60 and 61 of the Act of 22 May 2003 on the organisation of the budget and accounts of the federal State property placed at disposal of a liaison officer, and which are taken out of service, may be sold by him according to the negotiated procedure and according to the rules in force in each country.
It can be made the same way for equipment and goods in stock at the time where a representation of the federal police abroad is permanently lifted, unless the stocks concerned cannot be transferred, free of charge or subject to compensation by the receiving party, the services of the FPS Foreign Affairs, foreign trade and Cooperation development.
In cases where it is conducted a sale on place, the product will be paid to the Budget of ways and means.
Nevertheless, if the material can be returned to the supplier of new similar goods, compensation can be made by subtracting from the value of the property disposed of the amount billed for the purchase of new equipment.
S.
28 transactions relating to the budgetary account 1787075175 B 8 address, each time followed by the code (POL 88 0750000) (old account 87.07.51.75.B of the "order of cash operations" section), can create a debtor position of these accounts. This debtor position may not however exceed 1.200.000 EUR.
Section 19 - Board of Arts buildings. 29. the Minister who has authority buildings in charge is allowed to contract, apart from the amount of the commitment appropriations limiting investment programmes, included in articles 533.01, 533.03 533.04, 533.11, 533.12, 533.13, 533.14, 533.16, 536.02, 536.11 and 536.13 of the budget of the Board of buildings, similar operations and hire purchase obligations (including investments by third-party private financing or lease long-term initiatives in) view of the availability of real estate to the use of the public authorities).
The accounting for these transactions is limited in 2012 to 77.036.407 euros (3/12 equal 19.259.101 euros), divided as follows: maximum amount to finance Maximum bedrag te financierenA engage in 2012 Vast te leggen in 20123/12 Cork, extension courthouse – Luik, uitbreiding gerechtshof90.000.0004.379.7751.094.943 Tervueren, Royal Museum of Central Africa - Tervuren, Koninklijk Museum voor Midden - Afrika66.500.00059.940.70314.985.175 Wandre, AFSCA - Wandre, FAVV3.000.000115.92928.982 Gent Centre for forensic psychiatry - Gent, firensisch mixes centrum80.000.0008.000.0002.000.000 Achêne, institution for juvenile delinquents - Achêne, instelling voor Italiano delinquenten55.600.0004.600.0001.150.000 s. 30. the buildings Agency is authorized to pay contractors the work of construction and renovation (including studies) of block A of the "Résidence Palace" complex in Brussels for the needs of the Council of the European Union, through funds made available by the Treasury.
In the 2012 fiscal year, these expenses will be limited to an amount of 18.307.500 euros in commitment and 107.210.300 euros in liquidation.
Reimbursement of the totality of the investment of the project will be paid directly by the Council of the European Union to the Treasury.
Consideration of the decision of Council of Ministers of 6 February 2004 approving the general principle of apportionment of costs of first installation in buildings leased between the buildings Agency and occupiers services, the possible share of these loans relating to work of installation to load of the occupants, including interest on this share, will be made available to the authority of the buildings by these occupants.
Section 32 - FPS economy, SMEs, Middle Classes and energy s.
31. by way of derogation from article 62 of the law of 22 May 2003 on the organisation of the budget and accounts of the federal State, the rights available to the Fund means authors (program 47/1) up to an amount of 112,500 EUR are decommissioned and added to the general resources of the Treasury.
Section 33 - FPS mobility and transport art. 32. by way of derogation from article 62 of the law of 22 May 2003 on the organisation of the budget and accounts of the federal State, the available means of the mentioned below, organic funds are partially disused and added to the General Treasury resources:-those of the Fund for financing the international role and the function of capital of Brussels (programme 56/2) up to an amount of 35.750 EUR;
-those of the Fund for financing and improving the means of control, Inspection and investigation and the Programmes for the Prevention of Aeronautics (program 52/5) up to an amount of 582.750 EUR;
-those of the Fund for the operation of dispatch of Railway Transport and the operation of the airport of Brussels National (program 54/1) up to an amount of 53.750 EUR;
-those of the Fund for the operation of the authority of railway safety (program 51/2) up to an amount of 127,750 EUR;
-those of the Fund for the operation of the body of inquiry into railway Accidents (51/3 program) to an amount of EUR 9,250.
Section 46 - Political scientist s. 33. by way of derogation from article 52, paragraph 1, 1 °, of the law of 22 May 2003 on the organisation of the budget and accounting of the federal State, and section 6 of this Act, the basic 60.11.11.00.16, 60.21.11.00.18 commitment appropriations

and 60.22.11.00.20 can be transformed into statutory jobs contract jobs through redistribution of allocations de base, transferred to the basic allowance 21.01.11.00.03 up to the amounts corresponding to the remuneration.
S. 34. by way of derogation from article 52, paragraph 1, 1 °, of the law of 22 May 2003 on the organisation of the budget and the accounts of the federal State, the commitment appropriations for basic 60.11.11.00.16, 60.11.12.11.17, 60.11.12.11.18 and 60.22.11.00.20 can be redistributed between them.
S. 35. by way of derogation from article 6 of this Act, the commitment appropriations of allocations of base 60.31.41.30.10, 60.31.41.30.11, 60.32.41.30.13, 60.32.41.30.14, 60.32.41.30.15, 60.32.41.30.16, 60.33.41.30.17, 60.33.41.30.18, 60.34.41.30.19, 60.34.41.30.20 and 60.34.41.30.22 can be redistributed to basic 60.30.11.00.03 and 60.30.11.00.04 to the extent of the amounts corresponding to the remuneration of the statutory employment allowed in the federal scientific institutions under the Minister of science policy.
CHAPTER III. -Provisions financial arts. 36. by way of derogation from article 19, third paragraph, 1 ° of the law of 22 May 2003 on the organisation of the budget and the accounts of the federal State, the budget includes revenue, estimates of the amounts that will be paid for the benefit of the State in fiscal year.
S. 37. 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. 38. 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. 39 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. 40 § 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: the cost of the energy consumption of the federal State;
the cost of the other operating costs of the federal State, that 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.
To ensure the continuity of the financing of Treasury, the authorizations referred to in § 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: a) the power to determine, within the limits laid down by the King and the needs of the Treasury the amount and financial conditions of emissions of government bonds referred to in § 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. 41 § 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.
S. 42. 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.
43. 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 disadvantaged areas of Belgium, the financial means to be allocated to projects that fall within their competence 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. 44. with a view to the implementation of article 11 and article 18, § 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 own resources of communities, 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. 45. 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 Special Act, transfers on regional taxes referred to in article 3 of the said special law, plus interest and penalties referred to above, are estimated for the fiscal year 2012 to 3.719.038.000 EUR for the Flemish Region to 2.318.294.000 EUR 1.177.018.000 EUR for the Brussels-Capital Region and the Walloon Region.
S. 46. 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.
S. 47. 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. 48. 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 7.127.762 EUR for the Community Commission Flemish and the French Community Commission.
S. 49. the transfer referred to in article 46bis from the Special Act of 12 January 1989 relating to 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. 50. any amounts transferred to the benefit of

communities and regions are paid, as appropriate, either to a fund allocation to the general expenditure budget, or an order of cash account.
CHAPTER VIII. -Disposition final art.
51. 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 at Brussels, December 21, 2011.
ALBERT by the King: the Prime Minister, E. DI RUPO. the Minister of finance, VANACKERE Minister for Budget, O. CHASTEL sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Session 2011-2012.
Parliamentary references. -Doc 53/1933. -001 - budget - room.
Parliamentary Annals. -Discussion and adoption. Meeting of December 15, 2011. .

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