Finance Law For Fiscal Year 2012 (1)

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

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belgiquelex.be - Carrefour Bank of Legislation

21 DECEMBER 2011. - Financial Act for fiscal year 2012 (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
CHAPTER Ier. - General provision
Article 1er. This Act regulates a matter referred to in Article 74, 3° of the Constitution.
CHAPTER II. - Provisional appropriations
Art. 2. § 1er. Preliminary appropriations for the 2012 fiscal year are available for the months of January, February and March up to the amounts set out in the table annexed to this Act.
§ 2. Expenses for the variable credits of organic funds are estimated for the first three months of the 2012 fiscal year to the amounts reflected in the table annexed to this Act.
§ 3. Imputations of Sections 12 - SPF Justice, 13 - SPF Interior, 16 - Ministry of Defence, 17 - Federal Police and Integrated Operations, 19 - Buildings Regime, 21 - Pensions and 46 - SPP Scientific policy can be carried out according to the structure by programs and the coding of the adapted basic allocations in the attached table.
Art. 3. § 1er. Commitment authorities are granted for the first three months of the 2012 fiscal year up to:
INTERIOR
- Fund as part of the migration policy : 1.925.000 EUR.
BUSINESS, EXTERNAL TRADE AND DEVELOPMENT COOPERATION
- Belgian Food Security Fund: EUR 4.176.000.
DEFENSE NATIONALE
- Fund for the ruse of revenues from the disposal of surplus equipment, materials or ammunition as part of the assets entrusted to the management of the Minister of Defense: EUR 550,000.
- Fund for the ruse of income from the alienation of immovable property that is part of the heritage entrusted to the management of the Minister of Defense: EUR 5.000.000.
POLICE FEDERALE ET FONCTIONNEMENT INTEGRE
- the External Border Fund and return referred to in Article 11 of the Act of 21 December 2007 on various provisions (I) : 332.000 EUR.
SOCIAL INTEGRATION, LUTTE CONTRE LA PAUVRETE ET ECONOMIE SOCIAL
- Federal European Social Fund - Programming 2007-2013: EUR 2.229.000.
- European Third Country Integration Fund: EUR 165,000.
§ 2. By derogation from section 62 of the Act of 22 May 2003 on the organization of the federal budget and accounting, the following organic funds are authorized to present a debiting position in commitment and liquidation that cannot exceed the following amounts:
- Fund for the enforcement of the correction mechanism created during the transfer of buildings from the former gendarmerie to the municipalities and to the multi-communal police areas: 2.913.000 EUR.
- External Border Fund and return referred to in Article 11 of the Act of 21 December 2007 on various provisions (I) (in liquidation): 1.884.000 EUR.
- Fund for the payment of advances in food claims: EUR 72.100.000.
- Debt control fund: 5.000.000 EUR.
- The fund for the Organization of Exceptional Transport: EUR 250,000.
- The fund for the operation of the Rail Transport Regulatory Service: 522,000 EUR
- The fund for the operation of the Railway Safety Authority: EUR 2.150.000.
- The fund for the operation of the railway accident investigation agency: EUR 275,000.
- Federal European Social Fund - 2007-2013 (in liquidation) : 5.519.000 EUR.
Art. 4. Optional subsidies may be granted on the basis of special provisions in the General Estimates of the 2011 Budget.
Art. 5. Provision can be made to lawyers, experts and judicial officers acting on behalf of the State.
Art. 6. § 1er. By derogation from section 52, paragraph 1er, 1°, of the Act of 22 May 2003 on the organization of the budget and accounting of the federal state, the appropriations for the commitment of the basic allowances relating to the remuneration and generally any allowances "11.00.03 - Final and internary statutory staff" and "11.00.04 - Non-statusary staff" and the basic allowances 12.00.48 and 12.21.48, may be reassigned only between them within the same section.
This exemption does not apply to the basic allowances for the expenses of the strategic bodies of ministers and state secretaries.
§ 2. By derogation from section 52, paragraph 1er, 1°, of the Act of 22 May 2003 on the organization of the budget and accounting of the Federal State, the appropriations of the basic allowances 11.00.05 and 11.40.05 - Social service expenses - and basic allowances for operating and investment expenses provided by economic codes 12 and 74, specific or non-specific and non-subject to a subsistence program, may be redistributed to each other and exclusively within the same section of the budget.
This exemption does not apply to basic allowances for the expenses of the strategic bodies of ministers and state secretaries, nor to basic allowances 12.00.48 and 12.21.48.
§ 3. By derogation from paragraph 2, the y-base allocations may be redistributed, within the same section of the budget, also to basic allocations 21.00.01 and 21.40.01.
Art. 7. By derogation from Article 48, paragraph 3 of the Act of 22 May 2003 on the organization of the budget and accounting of the Federal State, subsidies may be granted, pursuant to Article 43 of the special law of 12 January 1989 on the Brussels Institutions, and in charge of the Fund for the Financing of the International Role and the Capital Function of Brussels.
Art. 8. § 1er. The specific departmental provisions of the Act of 30 May 2011 containing the General Estimates for the 2011 Budget Year and the third adjustment of the General Estimates for the 2011 Budget Year may be applied mutatis mutandis for the execution of this Act.
§ 2. By derogation from section 66 of the Act of 22 May 2003 on the organization of the federal budget and accounting, advances of up to EUR 2.500,000 may be made to the SPF Justice accountants.
By means of these advances, claims for operating expenses and allowances of any kind may be paid as follows:
1. a debt with a lower value as determined by the King with respect to the contracts recognized by an accepted invoice, to:
- the Accountant of the Budget Management Service, Management Control and Logistics. This accountant, responsible for the payment of foreign mission fees, is authorized to make advances necessary to officials sent on mission abroad.
- the accountants of the central administration of the General Directorate of Prisons;
- the accountant of the General Directorate of the Judicial Order;
2. regardless of the amount of the debt:
- the Social Service accountant for the payment of relief and social benefits, as well as allowances for cultural and sporting circles created by the SPF Justice staff;
- the accountant of a penitentiary institution for the payment of the urgent expenses relating to the food and maintenance of inmates and internees and all the operating expenses of that institution;
- the accountant of the National Centre for Electronic Monitoring to pay integration income;
- the accountant of State Security for the payment of confidential expenses.
§ 3. By derogation from section 66 of the Act of 22 May 2003 on the organization of the budget and accounting of the federal state, advances may be made to the accountants of the Internal SPF for a maximum amount of EUR 5,000.
Using these advances, accountants are allowed to pay all urgent expenses by not exceeding EUR 500 per expenditure (including VAT).
Advances to staff members in foreign missions may also exceed the above-mentioned threshold of EUR 500.
Derogation from paragraph 1er, advances for a maximum amount of EUR 25,000 may be granted for:
1) expenses as part of a foreign mission.
(2) expenses incurred by the Central Accountant of the advances of the DG Civil Security;
3) all expenses of Program 55 for repatriation and removal costs of persons deemed undesirable. The limit of EUR 500 is not valid for these expenses.
Derogation from paragraph 1er, advances of funds for up to EUR 15,000 may be awarded for any expenses incurred by the accountants:
- closed centres of the Foreign Office;
- columns of the DG Civil Security.
§ 4. By derogation from section 66 of the Act of 22 May 2003 on the organization of the budget and accounting of the federal state, advances may be made to the accountants of the Ministry of Defence for the execution of the contracts passed by the Belgian Military Supply Office (BMSO) located in Washington.
Advances may also be made to the accountants of the Ministry of Defence and to the staff of the Ministry of Defence.
These advances are transferred by the Minister of Finance or by his representative on the accounts of the beneficiaries. In the event of an emergency or where circumstances so require, these advances are paid by the Ministry of Defence advance accountant who receives the necessary funds from the Minister of Finance or his or her agent.
The total amount of advances mentioned in the preceding paragraphs cannot exceed 27 million euros.
§ 5. The Minister of the Interior is authorized to liquidate and make pay advances on the State's dependant compensation of the head of damage suffered by staff members or by third parties.
§ 6. By derogation from section 66 of the Act of 22 May 2003 on the organization of the federal budget and accounting, advances may be made to the accountants of the Science Policy PPS for a maximum amount of:
- EUR 400,000 to PPS accountants Scientific policy and institutions accounting.
- 1.000.000 EUR, to the accountants of the National Garden of Belgium.
With these advances, the extraordinary accountants of the PPS may make the payment of claims of any kind, including the purchase of matrimonial property, not exceeding 5.500 EUR.
The potential balance of these advances as at December 31, 2011 may be used for 2012 expenditures.
By derogation from Article 66 of the Act of 22 May 2003 on the organization of the budget and accounting of the Federal State of successive advances in an amount not exceeding 2.500 EUR may be made to the accountant responsible for the liquidation of relief and social allowances.
Section 12 - SPF Justice
Art. 9. By derogation from Article 62 of the Act of 22 May 2003 on the organization of the budget and accounting of the Federal State and by derogation from Article 185 of the Programme Law of 23 December 2009, revenues for the benefit of the Fund of the Commission of the Hasard Games (Program 12-62-5) are disaffected to a maximum of 50,000 euros and allocated to the Fund for the Fight against Debt (Program 32-49-2).
Section 14 - SPF Foreign Affairs, External Trade and Development Cooperation
Art. 10. During the first three months of 2012, the State can enter into new multi-year commitments with partner countries for a total of EUR 62.500,000. In addition, the flow of bilateral commitments, to be carried out by the CTB, cannot exceed 750.000.000 EUR. These are projects and programs to be carried out by the CTB on the basic allowance 54.10.54.52.02.
Any undertaking under this section shall be subject to the Comptroller of the commitments that will verify the application of administrative and budgetary control procedures and the compliance of the cap.
Prior to the 10th of each month, the Comptroller of Commitments shall forward to the Court of Auditors, for information, a statement in three copies, together with supporting documents, which shall include both the amount of commitments entered in the past month and the amount of commitments entered since the beginning of the year.
Art. 11. § 1er. During the first three months of 2012, a loan program to foreign states can be negotiated up to EUR 13.900,000.
In view of the budgetary resources for this purpose, the loan programme must be approved by the Council of Ministers. It mentions, on the one hand, loans to be made as a priority and, on the other, priority replacement loans as a multi-year program.
Alternative loans may be substituted at any time for loans to be made initially that are deleted.
The liability controller records the accomplishments and replacements of a program's loans.
§ 2. Loans to foreign States are made by the Comptroller of the commitments prior to the notification of the loan agreement, at the time the Minister of Finance agrees on the loan to be granted by signing a proxy or loan agreement.
Art. 12. The receivable of 10,044,464.40 USD (value of 31 December 2010) available to Belgium on the Inter-American Development Bank (IDB) may be reassigned to a maximum of 7,681,910 USD to cover the cost of Belgium's participation in the ninth replenishment of the Inter-American Development Bank (IDB). On the basis of consultations between Belgium and the Bank, the balance of this debt will be affected before 1er December 2011, at a priority area for Belgian development cooperation, otherwise it will be paid to the ways and means of the State. Any changes to the above-mentioned assignment will be forwarded to the Court of Accounts and the Minister of Budget.
Art. 13. As part of the litigation in which judgment No. 124/04/11 of 15 April 2011 was rendered by the 4th Chamber of the Court of First Instance of Brussels, the Minister of Development Cooperation is authorized to conclude a transaction.
Art. 14. Imputations in section 14 - SPF Foreign Affairs, Foreign Trade and Development Cooperation, Division 54 - General Directorate of Development Cooperation, may be carried out according to the programme structure and the coding of the appropriate basic allocations in the table annexed to this Act.
Section 16 - Ministry of Defence
Art. 15. By derogation from Article 117 of the Act of 22 May 2003 on the organization of the budget and accounting of the federal State and by derogation from Article 151 of the Programme Law of 2 August 2002, the Minister of Defense is authorized, both in the context of technical cooperation and emergency assistance to third countries, and in the case of mutual assistance provided for in Article 3 of the North Atlantic Treaty, to proceed as a result of
Art. 16. Contracts to be contracted by the Department of Defense in the United States of America or Canada may be entered into under the negotiated procedure.
Funds obtained through appropriation orders issued in the past may be used to pay expenses arising from the above-mentioned contracts.
The excess funds are transferred to the Consolidated Revenue Fund as soon as the accountant has submitted to the Court of Accounts the management account with the final account of the contracts for which these funds were allocated.
The obligations arising from orders of purchase given to the Belgian Military Supply Office (BMSO) in Washington before the beginning of the fiscal year and which could not have been contracted before that date may be incurred during the fiscal year, within the limits of the balance of the amounts that were incurred by the head of these orders of purchase.
The amounts that are incurred by the head of purchase orders given to the Belgian Military Supply Office (BMSO) in Washington, D.C. during the fiscal year, regardless of the year in which the obligations arising from these orders are entered, are charged to the appropriations for the budget year.
Can also be concluded in accordance with the negotiated procedure, the contracts and exchange agreements with the NATO Maintenance and Supply Organization (NATO Agency for Contracts and Procurement and its subordinate agencies), as well as those with a NATO member country under an international agreement, with the objective of supplying spare parts, rations, disposals, disposals and disposals
Art. 17. Within the limits of the credits to the core allocations concerned, the following grants may be granted to the organizations mentioned in program 50/9:
CARTOGRAPHY
National Geographical Institute
RECONNAISSANCE NATIONALE
ASBL "Cadets de l'air de Belgique
Union Royale Nationale des Officiers de Réserve de Belgique
Union Royale Nationale des Sous-Officiers de Réserve de Belgique
ASBL "Tank Museum"
ASBL "Brussels Air Museum Fund"
ASBL "The Friends of the Marine Section of the Royal Army and Military History Museum"
ASBL "Les Amis de la Musique Royale des Guides"
ASBL "Belgian Air Force Royal Symphonic Band Association";
ASBL "Corps Royal de Cadets de Marine-Belgique"
The National Memorial of the Fort of Breendonk
SOCIAL, LOG AND CULTURAL
Office Central d'Action Sociale et Culturelle (OCASC) of the Ministry of Defence
DOTATION TO THE ROYAL MUSEUM
Royal Army and Military History Museum
Art. 18. The treasury is authorized to make advances in the payment and reimbursement of remuneration on behalf of other departments or services, foreign or international organizations, or other third parties.
These advances are accounted for in the Department of Defense's accounting plan.
The cumulative amount of debiting positions in these accounts cannot exceed 55 million euros.
Art. 19. Revenue and expenditure transactions in international or national treaties or agreements shall be recorded on accounts opened for this purpose in the Department of Defense's accounting plan.
The cumulative balance of these accounts cannot be receivable for more than six months. In the event that the cumulative balance of these accounts is receivable, this balance cannot exceed 10 million euros.
The law of the markets on behalf of the State and the corresponding delegation system are applied to the expenditure transactions.
The latter are subject, prior to any legal undertaking, to 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 administrative and budgetary control.
Art. 20. The Minister of Defense is authorized to use, up to 100,000 euros, revenues from interest generated by advances filed with the "Federal Reserve Bank of New York" in the context of the contracts for the supply of aircraft, logistics support, ground installations and related costs for the entire fleet F-16.
Art. 21. By derogation from Article 61, 2nd paragraph of the Act of 22 May 2003 on the organization of the budget and accounting of the federal State, the Minister of Defence is authorized to acquire a mine control simulator through a joint financial participation of the Kingdom of Belgium and the Kingdom of the Netherlands.
By derogation from the provisions of section 19 of the Act of 24 December 1993 on public procurement and certain contracts of work, supplies and services, the Minister of Defence is authorized to enter into a single market, awarded in accordance with the provisions of the Act of 24 December 1993 referred to above and for the joint acquisition of a mine control simulator with the Netherlands that mandate it to do so.
Expenditure transactions under this contract are subject, prior to any legal undertaking, to the opinion of the Finance Inspector in accordance with the provisions of the Royal Decree of 16 November 1994 on administrative and budgetary control.
Art. 22. By derogation from section 61, 2e paragraph of the Act of 22 May 2003 on the organization of the budget and accounting of the federal State, the Minister of Defence is authorized to use the revenues realized from 2002 from the sale of wood in the areas that are part of the real estate entrusted to his management, collected and charged to the profit of the re-employment fund of the revenues derived from the alienation of immovable property that are part of the property entrusted to the management of the Minister of Defense and allocated to programme 16 July 2001.
Art. 23. As part of a sales contract for F-16 aircraft to be concluded by the negotiated procedure, pursuant to Article 41 of the Program Law of 19 July 2001, the Minister of Defence is authorized, in derogation from Article 117 of the Law of 22 May 2003 on the organization of the budget and accounting of the Federal State:
- for sale of non-surplus assets as part of the assets entrusted to its management,
- as part of the delivery of logistical support and related services to make commitments on an expensive basis to the buyer,
- to give the buyer a pre-financing.
Prerequisitely to any legal undertaking as part of the conclusion of a sales contract, including any unilateral undertaking arising from the above-mentioned provisions, the opinion of the Inspectorate of Finance and the agreement of the Minister of Budget are requested in accordance with the Royal Decree of 16 November 1994 on administrative and budgetary control.
Expenditures and revenues for the sale of non-surplus equipment and the benefits described above are equivalent to transactions for order within the meaning of section 17 of this Act.
Art. 24. The recoverable advances granted to the Military Family Information and Assistance Office (ORAF) in 1969, 1993 and 1994, the total amount of which is 619,733.81 euros is permanently paid to the Central Office of Social and Cultural Action for the benefit of members of the military community (OCASC).
Section 17 - Federal Police and Integrated Operations
Art. 25. Foreign health care expenses may be paid in the form of provisional advances, if necessary.
Art. 26. Budgetary account transactions bearing addresses 1787075074B8 11118, 11128, 11208, 11318, 11328 and 11408, each time followed by code 0030000 (former account 87.07.50.74.B of the section "Treasury Order Operations"), may create a debiting position of these accounts. This debiting position may not exceed 3.500.000 EUR.
Art. 27. By derogation from the provisions of articles 60 and 61 of the Act of 22 May 2003 on the organization of the budget and accounting of the federal State, the assets made available to a liaison officer, and which are out of service, may be sold by him according to the negotiated procedure and according to the rules in force in each country.
This may be done in the same way for the equipment and goods in stock at the time when a representation of the federal police abroad is definitively lifted, unless the stocks concerned can be sold, free of charge or under the condition of compensation equivalent to the receiving party, to the services of the Foreign Affairs, Foreign Trade and Development Cooperation SPF.
In cases where an on-site sale is made, the product will be paid to the Ways and Means Budget.
However, if the equipment can be delivered to the supplier of new similar properties, compensation may be made by subtracting the value of the alienated property from the amount charged for the purchase of the new equipment.
Art. 28. The budgetary account transactions bearing address 1787075175B8, each time followed by the code (POL 88 0750000) (former account 87.07.51.75.B of the section "Treasury Order Operations"), may create a debiting position of these accounts. This debiting position may not exceed 1,200,000 EUR.
Section 19 - Buildings Regime
Art. 29. The Minister who has the Régie des buildings in his powers is authorized to contract, apart from the amount of the limiting commitment credits of the investment programs, set out in sections 533.01, 533.03, 533.11, 533.12, 533.13, 533.14, 533.16, 536.02, 536.11 and 536.13 of the budget of the Régie des buildings, of similar leases and investments
The accounting commitment of these transactions is limited in 2012 to 77.036.407 euros (3/12 equal to 19.259.101 euros), as follows:

Art. 30. The Buildings Authority is authorized to pay contractors the construction and renovation work (including studies) of Block A of the "Residence 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 to 10,7.210.300 euros in liquidation.
Reimbursement of the entire investment of the project will be paid directly by the Council of the European Union to the Treasury.
In light of the decision of the Council of Ministers of 6 February 2004 approving the general principle of the distribution of first-time costs in leased buildings between the Régie des Bâtiments and the occupying services, the possible share of such borrowings in respect of dependant work of the occupants, including interest in this share, will be made available to the Régie des buildings by the occupants.
Section 32 - SPF Economics, P.M.E., Average Classes and Energy
Art. 31. By derogation from section 62 of the Act of 22 May 2003 on the organization of the federal government's budget and accounting, the available resources of the Copyright Fund (Program 47/1) up to $112,500 are disaffected and added to the general resources of the Treasury.
Section 33 - SPF Mobility and Transport
Art. 32. By derogation from section 62 of the Act of 22 May 2003 on the organization of the federal budget and accounting, the available means of the organic funds mentioned below are partially disaffected and added to the general resources of the Treasury:
- those of the Financing Fund for the International Role and Capital Function of Brussels (Programme 56/2) up to EUR 35,750;
- those of the Fund for the Financing and Improvement of Control, Inspection and Investigation and Aeronautics Prevention Programs (Program 52/5) up to EUR 582.750;
- those of the Fund relating to the operation of the Railway Transport Regulatory Service and the Brussels-National Airport Exploitation (Program 54/1) up to EUR 53,750;
- those of the Railway Safety Authority (Programme 51/2) operating fund up to EUR 127,750;
- those of the Fund relating to the operation of the Railway Accident Investigation Organization (Program 51/3) up to EUR 9.250.
Section 46 - Science Policy
Art. 33. By derogation from section 52, paragraph 1er, 1°, of the Act of 22 May 2003 on the organization of the budget and accounting of the Federal State, and of Article 6 of this Law, the commitment credits of the basic allowances 60.11.11.00.16, 60.21.11.00.18 and 60.22.11.00.20 may be, by means of redistributions of basic allowances, transferred to the basic allowance 21.01.11.00.03 up to the amounts corresponding to the salaries
Art. 34. By derogation from section 52, paragraph 1er, 1°, of the Act of 22 May 2003 on the organization of the budget and accounting of the Federal State, the commitment credits of the basic allowances 60.11.11.00.16, 60.11.12.11.17, 60.11.12.11.18 and 60.22.11.00.20 may be redistributed between them.
Art. 35. By derogation from Article 6 of this Law, the basic allowances 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
CHAPTER III. - Financial arrangements
Art. 36. By derogation from article 19, third paragraph, 1° of the Act of 22 May 2003 on the organization of the budget and accounting of the federal state, the budget includes, in revenue, the forecast of the sums to be paid for the benefit of the State during the fiscal year.
Art. 37. Direct and indirect taxes, principal and additional decimals for the benefit of the State, existing as of 31 December 2011, will be recovered during the year 2012 according to the laws, decrees and tariffs that regulate the attitude and perception, including laws, decrees and tariffs that have only a temporary or provisional character.
Art. 38. The application of Articles 3 and 4, § 1er, of the Act of 28 December 1954 containing the budget of the Ways and Means for the year 1955, is extended until 31 December 2012.
Art. 39. The King may, within the limits and conditions it determines, grant tax exemptions to the revenues of borrowings that, in 2012, would be issued or placed primarily abroad by the federal State, communities, regions, provinces, agglomerations, municipalities and public institutions or bodies, and in particular Treasury bills in foreign currency.
With respect to the income of the securities of these borrowings that would be held by Belgian residents, however, tax exemptions may only be granted to the sole financial institutions or enterprises assimilated therein and professional investors referred to in article 105, 1 and 3°, of the RA/CIR 92, as well as, without prejudice to the application of article 262, 1° of the Income Tax Code 1992, to legal persons
Art. 40. § 1er. To cover, in the context of public debt management, the insufficiency of revenues in relation to the expenditures of 2012, including the repayment of borrowings and any expenses resulting from the financial management operations referred to in § 3, 1°, below, or the passenger cash imbalances in the fiscal year:
1° the King is authorized to issue public loans.
When the King has established a general framework for the issuance of borrowings that determines the limits of powers that may be delegated, the Minister of Finance may be authorized to issue, during the fiscal year, the borrowings that fall within that framework;
2° the Minister of Finance is authorized to issue cash certificates, Treasury bills or any other interest-bearing financing instrument.
The authorities referred to in paragraph 1, 1 and 2 are also applicable to the issuance of public borrowings and other interest-bearing instruments, the conditions of which are set out in 2012 and the proceeds of which are paid to the Consolidated Revenue Fund in a subsequent fiscal year to cover, as part of the management of public debt, the insufficiency of revenues in relation to the expenditures of that last fiscal year.
The loans referred to in paragraph 1, 1 and 2 and paragraph 2 may be issued both in Belgium and abroad, in euros and in foreign currencies.
§ 2. The main objective of public debt management is to minimize the financial cost of federal government debt as part of market risk management and operational risks and in accordance with the overall objectives of fiscal policy and monetary policy.
Public debt management also aims to minimize the financial cost of the debt of public entities of the central government, other than the federal state itself.
To this end, the Minister of Finance, on the proposal of the Strategic Debt Committee operating within the general administration of the Treasury, determines the general guidelines for the management of federal debt; These guidelines include, in particular, the structure of the debt portfolio and the level of risks associated with it.
The Strategic Debt Committee shall make arrangements for the implementation of these general guidelines. These are the framework for the implementation of the financial transactions properly referred to by the Formed Debt Agency within the FPS Finance, Treasury Board.
§ 3. The Minister of Finance is authorized:
1° to conclude any financial management transaction within the limits determined under § 2 above.
A financial management operation means:
(a) Treasury's day-to-day operations, namely, the financial transactions resulting from the need to ensure a daily cash balance;
(b) trade in securities;
(c) the adaptation of existing contractual conditions or terms of refund of borrowings, carried out in agreement with lenders and in accordance with market conditions;
(d) investments of any kind, including those necessary for the continuity of Treasury funding;
(e) swaps of interest and foreign exchange swaps, options, futures contracts, and any other instrument for the management of financial, budgetary and credit risks related to the federal State's debt and authorized by the Minister of Finance under § 2 above;
(f) purchases of federal debt securities in secondary markets;
(g) temporary disposal, through transfer-retrocession or other transactions that have a similar economic effect, cash certificates, linear bonds, split securities and State Goods to primary dealers and recognized dealers.
On the proposal of the Strategic Debt Committee, the temporary arrangements referred to in paragraph 1er may be extended to institutions subject to a rating obligation for the Treasury of the Kingdom of Belgium, other than the primary dealers and recognized dealers referred to in paragraph 1er;
(h) the provision of a very short period of money by the Treasury as a last resort lender to the public entities of the central government. This provision must be due to the insufficient supply of the account of the entity concerned open to bpost caused by operational problems and be indispensable for the execution of compelling payments;
(i) the financial transactions of the Consolidated Revenue Fund other than those referred to in point (h) with the public entities of the central administration, with the exception of cash facilities to cover temporary cash deficits of those entities for which other arrangements are made for the placement or investment of their availabilities are set out in section 3 of the Royal Decree of 15 July 1997, which deals with measures to consolidate the financial assets of the public administrations, taken under section 2,er, and 3, § 1er, 6°, and § 2 of the Act of 26 July 1996 to fulfil the budgetary conditions of Belgium's participation in the European Economic and Monetary Union or for which a minimum amount of availability is fixed from which the provisions referred to in article 3 are applicable;
(j) derivatives for management:
the cost of federal state energy consumption;
the cost of the other operating expenses of the federal State, which the King may designate.
2° complementary to exchanges of existing debt securities against new linear obligations, to liquidate prorated interest payments related to securities in circulation, by way of handover to persons entitled to linear obligations;
3° in accordance with the Convention of 5 January 1994 with the National Bank of Belgium, to create dematerialized securities representative of the debt of the State, having the same characteristics as those of the securities in circulation, in order to lend these short-term securities to the National Bank of Belgium according to the needs of its securities liquidation system;
4° to issue cash certificates and linear bonds to be included in the Treasury in the securities liquidation system of the National Bank of Belgium with a view to making possible the transactions under 1°, g );
5° to proceed, depending on the needs of the securities liquidation system of the National Bank of Belgium, to the creation of linear obligations having the same characteristics as the linear obligations in circulation in order to make possible the reconstruction of linear obligations using BE-strips.
§ 4. By derogation from section 19 of the Act of 22 May 2003 on the organization of the budget and accounting of the federal state, the proceeds of the short-term financing instruments (cash certificates, Treasury bills and similar instruments) as well as the outputs resulting from the operations referred to in § 3, 1°, g) are not included in the budget.
In order to ensure the continuity of Treasury funding, the authorizations referred to in § 1, paragraph 1(1) and 2° also apply to borrowings whose conditions are fixed in previous fiscal years and whose proceeds are paid out in 2012.
The Minister of Finance is authorized to manage a foreign currency cash flow to avoid any impact on the conduct of the foreign currency monetary policy as part of the Treasury's financial management.
As part of the financial management operations provided for in § 3, 1° above, the Minister of Finance is authorized to hold titles:
1° in the securities liquidation system of the National Bank of Belgium;
2° in international securities liquidation systems and in international securities conservation systems;
3° in certain financial institutions authorized by the legislation that is applicable to them to retain deposits on behalf of third parties.
§ 5. The Minister of Finance may delegate to the SPF Finance, general administration of the Treasury, as well as to the staff of the Debt Agency incorporated in the general administration of the Treasury that he designates for the specific tasks provided by him:
(a) the power to determine, within the limits provided by the King and in accordance with the requirements of the Consolidated Revenue Fund, the amount and financial conditions of the emissions of public borrowing referred to in § 1, paragraph 1(1), and paragraph 2, as well as the powers necessary for the successful completion of such emissions;
(b) the powers referred to in § 1erparagraphs 1 and 2 and 2, § 3 and § 4, paragraphs 3 and 4.
Art. 41. § 1. The Minister of Finance is authorized to raise interest income or interest expenditures resulting from public debt management operations, respectively, in deduction or dependant of interest credits from the "public debt" section of the general expenditure budget.
§ 2. It is also authorized to increase capital revenues or capital expenditures resulting from public debt management transactions related to the debt repayment dates, respectively, in deduction or debiting credits from the "public debt" section of the general expenditure budget.
§ 3. The provisions of § 2 do not apply to premiums paid during the sale or purchase of options.
Art. 42. By derogation from article 17 of Royal Decree No. 150 of 18 March 1935, coordinating the laws relating to the organization and operation of the Caisse des Dépôts et Consignations and making amendments under the Act of 31 July 1934, the interest rate to be increased in 2004 to the consignations, voluntary deposits and bails of all categories entrusted to the Caisse des Dépôts et Consignations Ministre,
Art. 43. For projects under their jurisdiction, with a view to the implementation of Article 5, § 1, of Regulation (C.E.E.) No. 1941/81 concerning an integrated development programme for the disadvantaged areas of Belgium, the financial means to be allocated to projects that fall within their competence are paid to the budgets of the Regions.
These financial means are taken from the reimbursements to the Belgian treasury that the European Communities are required to make, as a cost of collection, pursuant to Article 3, 1°, fifth paragraph, of the decision of 21 April 1970 of the Council of Ministers of the European Communities on the replacement of Member States' contributions by resources specific to the European Communities, approved by the law of 23 December 1970.
The amounts to be transferred are determined by the Minister of Finance according to the competitions decided or provided by the Commission of the European Communities.
Art. 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 relating to the system of the own resources of the Communities, the rights recognized not recorded, detected on the occasion of the controls, increased interest are made available to the European Commission.
By derogation from Article 3 of the Acts on State Accounts, coordinated on 17 July 1991, these rights observed increased of interest are taken from the reimbursements to the Belgian Treasure that the European Communities are required to make, as a collection charge, under Article 3, 1°, 5th paragraph, of the decision of 21 April 1970 of the Council of Ministers of the European Communities concerning the replacement of the contributions of the Member States by the European resources
Art. 45. Pursuant to Article 53, 1° of the special law of 16 January 1989 on the financing of communities and regions, as amended by the special law of 16 July 1993 to complete the federal structure of the State and by the special law of 13 July 2001 on refinancing of communities and extension of the fiscal competences of the regions, and taking into account:
- of the award referred to in Article 4, § 5 of the same special law of 16 January 1989 of the interest of delay, the charge of the interests of moratoriums, and fixed and proportional tax fines on the regional taxes referred to in Article 3 of the same special law;
- the situation referred to in Article 5, § 3, second paragraph, where the Flemish Region itself provides, from the 1999 taxation year, the real estate pre-payment tax service 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 1er January 2010 the tax service for the regional taxes referred to in Article 3, 1°, 2° and 3° of the said special law and where the Flemish Region provides itself, from 1er January 2011 the regional tax service referred to in Article 3, 10°, 11° and 12° of the said special law,
regional tax transfers referred to in section 3 of the said special law, plus the above-mentioned interests and fines, are estimated for the fiscal year 2012 at 3.719.038.000 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.
Art. 46. In accordance with Article 53, 2° of the special law of 16 January 1989 relating to the financing of communities and regions, as amended by the special law of 16 July 1993 to complete the federal structure of the State and by the special law of 13 July 2001 concerning the refinancing of the communities and the extension of the fiscal powers of the regions and taking into account the law of 23 May 2000 setting the criteria referred to in Article 39, § 2 of the said special law of 16 January 1989,
Pursuant to section 59 of the Act of 31 December 1983 of institutional reforms for the German-speaking Community the transfer referred to in section 58nonies of the said Act for the 2012 fiscal year, including the probable balance of the 2011 budget year's count, is estimated at EUR 6.152.962 for the German-speaking Community.
Art. 47. In accordance with sections 53, 3° and 35octies of the special law of 16 January 1989 relating to the financing of communities and regions, as amended by the special law of 16 July 1993 to complete the federal structure of the State and by the special law of 13 July 2001 relating to the refinancing of the communities and the extension of the fiscal powers of the regions, the transfers referred to in articles 34 and 35ter to 35septies for the fiscal year 2012, including the probable balance of the deposit of 3.5
Art. 48. The transfer referred to in section 65bis of the special law of 16 January 1989 on the financing of communities and regions, as amended by the special law of 16 July 1993 to complete the federal structure of the State and by the special law of 13 July 2001 on the refinancing of communities and the extension of the fiscal powers of the regions, for the fiscal year 2012, including the probable balance of the count of the fiscal year 2011, is estimated at 28. EUR 511.046 for the French Community Commission and EUR 7.127.762 for the Flemish Community Commission.
Art. 49. The transfer referred to in section 46bis of the special law of 12 January 1989 on Brussels institutions, as amended by the special law of 13 July 2001 on the transfer of various jurisdictions to regions and communities as well as by the special law of 13 July 2001 on the refinancing of communities and the extension of the tax powers of the regions, for the fiscal year 2012, including the likely balance of the 2011 budget year, is estimated at EUR 35,638.808.
Art. 50. The amounts transferred for the benefit of communities and regions are paid, as the case may be, to a general expenditure allocation fund or to a Treasury Board account.
CHAPTER VIII. - Final provision
Art. 51. This Act comes into force on 1er January 2012.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 21 December 2011.
ALBERT
By the King:
The Prime Minister,
E. DI RUPO
Minister of Finance,
S. VANACKERE
The Minister of Budget,
O. CHASTEL
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) Session 2011-2012.
Parliamentary references. - Doc 53/1933. - 001 - Budget - Room.
Annales parliamentarians. - Discussion and adoption. Session of December 15, 2011. .

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