Running And To Amend The Law Of January 19, 2010, Repealing The Law Of 9 February 1999 On The Establishment Of The Belgian Survival Fund And Creating A Belgian Fund For Food Security (1)

Original Language Title: Loi exécutant et modifiant la loi du 19 janvier 2010, abrogeant la loi du 9 février 1999 portant création du Fonds belge de survie et créant un Fonds belge pour la Sécurité alimentaire (1)

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19 JUNE 2011. - An Act to enforce and amend the Act of 19 January 2010, repealing the Act of 9 February 1999 establishing the Belgian Survival Fund and creating a Belgian Food Security Fund (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - General provisions
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. In this Act:
1° "the 2010 law": the law of 19 January 2010, repealing the law of 9 February 1999 establishing the Belgian Survival Fund and creating a Belgian Food Security Fund (FBSA)
2° "the Fund": the Belgian Fund for Food Security, created by the Law;
3° "multidimensional integrated approach to food security": an approach that allows action on the four dimensions of food security, referred to in Article 5, § 1er, the 2010 Act, using mutually reinforcing projects as well as capacity building, economic development, social services, sustainable management of natural resources (including climate change consideration) and institutional support;
4° "the Strategic Note": The Fund ' s strategic note, the content of which is defined in this Act and the Fund ' s legal framework, strategic vision, objectives, specificity, funding, implementation, complementarity, monitoring and evaluation and awareness-raising, as well as training and knowledge management. The Strategic Note is approved by the Minister;
5° "the Minister": the member of the government that has Development Cooperation in its powers;
6° "The Working Group ": the working group "Belgian Fund for Food Security", as defined in Article 7 of the 2010 Act.
CHAPTER 2. - Implementing provisions of the law of 19 January 2010 repealing the law of 9 February 1999 establishing the Belgian Survival Fund and creating a Belgian Food Security Fund
Fund specificities and objectives
Art. 3. The Minister shall ensure, during the management of the Fund, the specificities and objectives of this instrument of Belgian Development Cooperation, as specified in sections 2, 5 and 6 of the 2010 Act:
1° improvement of food security according to the four dimensions: availability, accessibility, stability and use;
2° the integration of three dimensions of the fight against the structural causes of food insecurity: basic social services, defensive capacities of population groups, institutional capacities of actors, both governmental actors and decentralized local authorities or civil society;
3° Targeting countries in sub-Saharan Africa with low development indicators, primarily in the partner countries of the Belgian Development Cooperation and in areas of high food insecurity, including the most vulnerable groups of the population;
4° the integrated multidimensional programmatic approach, made possible by collaboration between governmental, non-governmental and multilateral development actors, with reference to Article 6, § 2, of the 2010 Act;
5° the involvement of the authorities of the beneficiary countries, local elected officials and representatives of civil society, as mentioned in Article 6, § 5, of the 2010 law;
6° a social base through the involvement of the Working Group and through information and awareness campaigns, referred to in Article 10, § 3, of the Law of 2010.
In addition, with reference to §§ 2, 3 and 4 of Article 5 of the 2010 Act, the Fund supports the territorial development approach and integrates with the decentralization process based on the new skills of local authorities.
The Fund strengthens the role of both government and decentralized entities and civil society organizations in defining and implementing national strategies for improving food security for population groups. It ensures the appropriation of aid by these local actors, alignment with their priorities and develops a participatory process ensuring local, equitable and sustainable economic and social development.
Regular assessments and knowledge management, as provided for in Article 10 § 1er, of the 2010 Act, are part of the Fund's execution procedures.
The Strategic Note elaborates in detail the specificities and objectives of the Fund described above.
The Strategic Note will also give special attention to the following cross-cutting themes:
1° the gender;
2° the environment, in particular the effects of climate change on food security and strategies decreasing its effects.
Fund partner organizations
Art. 4. Each partner organization of the Fund submits to the Minister a collaborative agreement that describes:
1° the organization's vision to integrate into the Fund's strategy, as described in the Strategic Note;
2° the link between the mandate of the organization and one or more dimensions of food security, as mentioned in Article 5 § 1erthe 2010 Act;
3° the comparative advantages of the organization in the context of the specificities and objectives of the Fund;
4° an overview of the countries in which the organization wishes to participate in a programme.
External actors involved in the Fund
Art. 5. External actors may also be subsidiated, via partner organizations, as provided for in Article 6, § 2, of the 2010 Act. The obligation of a local presence of the external actor and expertise in improving food security is motivated by the partner organization.
The nature of this expertise is defined in the Strategic Note and includes the experience of the external actor in strengthening the role of peasant organizations or in the implementation of strategies for improving food security or in the dialogue between government priorities and civil society priorities or in supporting vocational training in the agricultural sector or in the reflection on strategies and impacts, for specific aspects of food security.
Fund countries and areas of intervention
Art. 6. The choice and annual planning of countries is subject to the Minister's decision on the proposal of the Working Group.
Practical methods for selecting food insecurity zones are carried out in the form of a participatory process described in the Strategic Note.
Complementarities and synergies
Art. 7. The Fund funds projects that are integrated into programs, with an integrated multidimensional approach to food security, referred to in Article 2 of the 2010 Act and defined in Article 3 of this Act, through collaboration with its partner organizations, and possibly external actors, by aiming at the complementarities and synergies provided for in Article 6, § 2, of the 2010 Act.
Training of interventions
Art. 8. In order to start the programs referred to in Article 6, § 2, of the 2010 Act, the Fund's interventions are implemented according to the following steps:
1° at the initiative of the authorities of the selected partner country and the Directorate General for Development Cooperation, an external analysis is carried out in the selected intervention areas, determining the causes of food insecurity, the problems and opportunities for development of the affected population groups and the feasibility of an intervention; This analysis is validated by both initiators and leads to the development of a preliminary general strategic framework for a multidimensional integrated program. During this phase, local actors are closely associated;
2° the outcome of this analysis is then communicated by the Directorate General of Development Cooperation to partner organizations that are invited to confirm in writing their commitment to participate in the program;
3° under the coordination of the Directorate General of Development Cooperation, at least two partner organizations prepare a preliminary joint partnership framework within the meaning of Article 6, § 2, of the 2010 Act for the implementation of the multidimensional integrated programme; this preliminary joint partnership framework is validated by the Directorate General for Development Cooperation following a participatory process described in the Strategic Note; this participatory process is carried out in Belgium with partner organizations and, on the ground, at the initiative of the attacker to International Cooperation, with all relevant local actors, government representatives, beneficiaries and other development partners; a maximum of synergies and complementarities with other cooperative actions is sought in the development of the general strategic framework, in particular, with those of the Belgian Government Cooperation Indicative Programme;
4° partner organizations identify and prepare the technical and financial record of their project;
5° in order to achieve in a coordinated manner the objectives set and to define the links of partnership, the partner organizations involved in the implementation of the program sign together a joint partnership framework, as provided for in Article 6, § 2, of the Law of 2010. This framework includes the description of the overall program's logical framework as well as an indicative budget, the allocation of tasks between partner organizations, the overall program timeline, and demonstrates that the overall program takes into account the different dimensions of food security and the achievement of vulnerable groups; the minimum requirements for the establishment of this joint partnership framework are specified in the Strategic Note;
6° interested partner organizations submit, together or separately, a project proposal for approval by the Minister through the General Directorate of Development Cooperation, for the program components they wish to achieve. The project proposals follow the indicative outline.
Political dialogue and coordination
Art. 9. The Directorate General for Development Cooperation, in particular its field staff, ensures that the coordination of the Fund's interventions is ensured through, inter alia, the steering committee referred to in section 13 of this Act and that a system of general reporting of the program is in place. This coordination includes:
1° dialogue with central and decentralized authorities and with civil society in the country of intervention, within the framework of national development strategies;
2° the dialogue between partner organizations involved in a programme;
3° the control of coherence and synergies with the other actions of the Belgian Development Cooperation or other technical and financial partners.
This dialogue with local actors aims to make them take the "leadership" of programs, through the adoption of structural and sustainable solutions to improve food security.
Evaluation of project proposals
Art. 10. The project proposal is reviewed at the Directorate General of Development Cooperation by an evaluation committee, taking into account the advice of the attacker to the international cooperation of the country concerned. The composition and mandate of this committee are defined in the Strategic Note.
The project proposals that meet the Fund's overall co-financing framework, as described in sections 5 and 6 of the 2010 Act, are valued taking into account, inter alia, the criteria for coherence, efficiency, efficiency and sustainability as defined by the Aid for Development Committee of the Organisation for Economic Cooperation and Development.
To assess these criteria, the following elements are taken into account: the general context, the logic of intervention (general and specific objectives, expected results, proposed activities,...), the institutional framework, the definition of target groups, the budget and the modalities for monitoring and evaluation of the project and the overall programme.
The evaluation of project proposals is further detailed in the Strategic Note.
Method of granting grants
Art. 11. The Fund contributes to the financing of projects and programs, up to a percentage of the total budget set out below:
Maximum 85% for projects submitted by Belgian NGOs;
2° maximum 60 % for projects submitted by the United Nations funds or programmes operating by donations;
Maximum 35% for projects submitted by United Nations specialized agencies operating by donations;
Maximum 45% for projects submitted by multilateral organizations operating by loans;
5° maximum 90% for projects presented by the Belgian technical cooperation.
With regard to the projects entrusted to the "Belgian Technical Cooperation", a public law company created by the law of 21 December 1998, the modalities of management are those provided by the management contract between the Belgian State and the "Belgian Technical Cooperation", in force at the time of the grant award.
Structure and management costs
Art. 12. Pursuant to Article 6, § 6, of the 2010 Act, the various costs of structure, management costs or administrative costs of projects are limited as follows. This will be detailed in the Strategic Note.
§ 1er. Projects implemented by NGOs:
Structural costs are the costs associated with the realization of the organization's social object and, although influenced by the project's implementation, are neither insulated nor directly attributable to the project's budget.
Management costs are the insulated costs associated with the management, management, coordination, monitoring and evaluation required by the implementation of the project.
Operational costs are the costs associated with project results and represent the costs associated with activities. They cannot include any form of management cost.
The calculation of the maximum percentage of structural costs and management costs follows the regulations set out in the Royal Decree of 24 September 2006 on the grant of programs and projects submitted by accredited non-governmental development organizations, in force at the time of grant award.
§ 2. Projects implemented by the Belgian Technical Cooperation:
The management costs for projects implemented by the CTB are defined and fixed in the management contract between the Belgian State and the Belgian technical cooperation.
In addition, the part of the general means related to the operation of the project management unit will not exceed 10% of the total project budget.
§ 3. Projects implemented by multilateral organizations:
Formal administrative costs are allocated, equivalent to those accepted by the Multilateral Cooperation Services of the Directorate-General for Development Cooperation.
In addition, the part of the general means related to the operation of the project management unit will not exceed 10% of the total project budget.
Overall Program Cohesion
Art. 13. Each program has a local steering committee, composed of the local authorities concerned, various local actors involved and representatives of the projects that make up the program, as well as a representative of the Directorate General for Development Cooperation.
In order to comply with the principles of the Paris Declaration, a maximum of 5 per cent of the overall programme budget is reserved for the cohesion of this programme. This non-earmarked budget may be initiated by the Directorate General for Development Cooperation, at the request of the Programme Steering Committee, for specific activities aimed at improving its cohesion and reporting, within the framework of the overall programme.
This particular aspect is defined in the Strategic Note.
Report
Art. 14. The partner organization that receives a grant is personally responsible for its use and justification, even if the partner organization has fully or partially used the services of external actors.
The partner organization annually introduces a narrative and financial report describing the status of the project and its contribution to the program. The final narrative and financial report is introduced by the partner organization within a maximum period of 180 days after the project's completion date, as determined by the departmental grant award order.
The application, the release of credits, the monitoring and control of the grant and the eligibility of costs are in keeping with the accounting rules imposed by Belgian Cooperation.
Knowledge evaluation and management
Art. 15. Regular, reliable and controllable monitoring and evaluation arrangements are based on development results-based management and are implemented as soon as the overall programme is formulated. They are specified in the Strategic Note.
The overall strategic framework of the program and the technical records of the projects that make up the program describe the monitoring and evaluation system to be used.
Knowledge management within the Fund will be strengthened to reflect the progress and lessons learned from previous projects and to mainstream good practices among the Fund ' s various programmes. The financing of these activities is provided for in Article 10 § 1erof the 2010 Act. The terms of reference are set out in the Strategic Note.
Mid-term project evaluations will be funded on the project budget envelope and sponsored by partner organizations.
The mid-term evaluation of the program will be organized by the Steering Committee.
End-of-phase assessments or thematic evaluations will be funded and sponsored by the Fund, within the meaning of Article 10 § 1erof the 2010 Act.
The planning of the evaluations to be carried out is endorsed annually by the Working Group.
Membership of the Working Group
Art. 16. The members of the Working Group are:
1st the Minister or his representative;
2° of the members of the House of Representatives;
3° three representatives of the Directorate General for Development Cooperation;
4° a representative of each multilateral partner organization of the Fund;
5° two representatives of each of the two Belgian federations of non-governmental organizations: the "Vlaamse Federatie van NGO's voor Ontwikkelingssamenwerking" (COPROGRAM) and the "French-speaking and German-speaking Federation of Development Cooperation Associations (ACODEV);
6° two representatives of the Belgian technical cooperation.
The Working Group may invite others to participate in its work in order to benefit from external expertise.
The Working Group shall meet at least once a year.
The General Directorate of Development Cooperation will provide the secretariat of the Working Party.
Information and awareness-raising
Art. 17. The Minister shall determine the program of the information and awareness campaign provided for in Article 10, § 3, of the 2010 Act by 15 November of the year preceding that of its implementation. Monitoring the implementation of this awareness-raising campaign, as well as the management of knowledge within the Fund, is provided by the Directorate-General for Development Cooperation.
The previous Fund's awareness and information campaigns will be evaluated to determine the objectives and modalities for the implementation of the new Fund's campaigns.
CHAPTER 3. - Amendments to the Act of 19 January 2010 repealing the Act of 9 February 1999 establishing the Belgian Food Security Fund
Art. 18. Section 4 of the 2010 Act is replaced as follows:
“Art. 4. In addition to the provisions of this Act, the King is empowered to determine the future modalities for the management and allocation of FBSA funds, as well as the future modalities for the performance of assessments, future criteria for use in this framework and future support that may be found in other institutions. »
Art. 19. In Article 6, § 2, paragraph 1erin the same law, the words "According to the terms defined by the King" are replaced by the words "According to the terms that the King is entitled to define, according to this Act. »
CHAPTER 4. - Final provisions
Transitional provision
Art. 20. The Fund may defer phases of consolidation of ongoing projects and programmes, funded by the Belgian Survival Fund, as defined in Article 12 of the 2010 Act. Such projects or programs are subject to the provisions of this Act, with the exception of sections 6, 7 and 8 of this Act.
Implementation
Art. 21. The Minister is responsible for the execution of this Act.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 19 June 2011.
ALBERT
By the King:
Minister of Development Cooperation, Head of European Affairs,
O. CHASTEL
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
____
Note
(1) House of Representatives documents: 53-1215 - 2010/2011.
N° 1: Moriau et al.'s Bill Proposal.
Number 2: amendments.
Number 3: Reports.
No. 4: Text adopted by the Commission.
No. 5: Addendum.
No. 6: Text adopted in plenary and transmitted to the Senate.
Full report: April 7, 2011-06-29.
Senate documents: 5-946- 2010-2011.
No. 1: Project not referred to in the Senate.