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11 AVRIL 2011. - Act to provide interim credits for the months of April, May and June 2011

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
CHAPTER I^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 74, 3° of the Constitution.
CHAPTER II. - Provisional appropriations
Art. 2. § 1^er. Provisional appropriations to be applied to the general budget of expenditures for the 2011 fiscal year are open for the months of April, May and June 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 six months of the 2011 fiscal year to the amounts reflected in the table annexed to this Act.
§ 3. Imputations of Sections 14 - SPF Foreign Affairs, Foreign Trade and Development Cooperation, 18 - SPF Finance and 33- SPF Mobility and Transport may be carried out according to the program structure and the coding of the appropriate base allocations in the attached table.
Art. 3. § 1^er. Commitment authorities are granted for the first six months of the 2011 fiscal year up to:
14 BUSINESS, EXTERNAL TRADE AND DEVELOPMENT COOPERATION
- Belgian Food Security Fund: EUR 7.388.000
16 NATIONAL DEFENSE
- Fund for the ruse of revenue from the disposal of surplus equipment, materials or ammunition as part of the Minister of Defence's management heritage: EUR 11.871.000
- Fund for the reuse of income from the alienation of immovable property that is part of the heritage entrusted to the management of the Minister of Defense : 13.260.000 EUR
17 POLICE FEDERALE ET FONCTIONNEMENT INTEGRE
- the organic budget fund 17-4 referred to in section 11 of the Act of 21 December 2007 on various provisions (I): 782,000 EUR
SOCIAL INTEGRATION, LUTTE CONTRE LA PAUVRETE ET ECONOMIE SOCIAL
- Federal European Social Fund (56/2)
Programming 2007-2013: 8.604.000 EUR
- Federal Social Fund - Employment
Programmation 2000-2006 : 1.235.000 EUR
- Federal European Social Fund - Social integration component
Programmation 2000-2006 : 1.004.000 EUR
- European Third Country Integration Fund: EUR 661.000
§ 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 municipalities and multi-communal police areas: 2.913.000 EUR
- Fund 17-4 referred to in Article 11 of the Act of 21 December 2007 on various provisions (I) (in liquidation): 1.435.000 EUR
- Fund for payment of advances in food claims: 69.000.000 EUR
- Debt control fund: 5.000.000 EUR
- Federal European Social Fund - 2007-2013 (in liquidation): 5.519.000 EUR
- Federal European Social Fund - Social integration component - Programming 2000-2006 : 132.000 EUR
Art. 4. Optional subsidies may be granted on the basis of special provisions in the General Estimates, as well as in the General Estimates adjusted for the 2010 Budget.
Art. 5. § 1^er. By derogation from article 19, third paragraph, 2°, b, of the Act of 22 May 2003 on the organization of the budget and accounting of the federal state, the liquidation credits cover the amounts that may be ordered during the fiscal year in accordance with the obligations previously incurred.
§ 2. This exemption applies only to sections 12 - SPF Justice, 13 - SPF Interior, 16 - Ministry of Defence, 17 - Federal Police and Integrated Functioning and 46 - SPP Scientific Policy.
Art. 6. By derogation from Article 40 of the Acts on State Accounting, coordinated on 17 July 1991, the payment of birth allowances and burial allowances shall be made in accordance with the rules laid down in Article 41, paragraph 1^erSame laws.
Art. 7. Provision can be made to lawyers, experts and judicial officers acting on behalf of the State.
Art. 8. § 1^er. By derogation from section 52, paragraph 1^er, 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 relating to remuneration and allowances generally of any " 11.00.03 - Final and internary statutory staff" and " 11.00.04 - Non-statusary staff" as well as the basic allowances 12.00.48 and 12.21.48, may be reassigned only among themselves and exclusively among themselves.
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 1^er, 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 1100.05 and 1140.05 - 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.
§ 4. By derogation from section 52, paragraph 1^er, 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 expenditure of personnel on the one hand and to the costs of operation and investment on the other hand of the strategic organs of the ministers and the secretaries of state, can be redistributed only among them within the same programme.
Art. 9. 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. 10. § 1^er. The specific departmental provisions of the Act of 23 December 2009 containing the General Estimates of the 2010 Budget Year and the Act of 19 May 2010 containing the first adjustment of the General Estimates of the 2010 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 budget and accounting of the federal state, advances of up to 200,000 EUR may be made to the accountants of the SPF Foreign Affairs, Foreign Trade and Development Cooperation.
Using these advances, accountants are allowed to pay claims of any kind that do not exceed EUR 5.500.
§ 3. By derogation from section 66 of the Act of 22 May 2003 on the organization of the federal government's budget and accounting, advances may be made to the accountants of the Budget and Control Management Service of the SPF Finance, up to EUR 1,000,000.
These accountants are allowed to pay, by way of advances, all service fees not exceeding EUR 12.500 (excluding VAT), as well as, regardless of the amounts, the operating costs of the strategic bodies.
To the accountant responsible for the payment of foreign mission fees, authorization is given to make the necessary advances to officials sent on mission abroad.
The Accountant of the Accounting and Budget Branch of the Management Budget and Control Service, responsible for the "miscellaneous revenue" account, is authorized to make expenditures exclusively within and within the financial limits of the programmes pre-financed on this account by the European Union or other international organizations.
Prior to payment, invoices and claims relating to these programs must be subject to the visa of the delegated coordinator of the Budget and Management Supervisory Service.
By derogation from Article 25 and by application of Article 25bis and Article 229 of the Royal Decree of 10 December 1868 concerning General Regulation on State Accounting, the accountants of the restaurants of the Social Service are allowed to hold a cash of up to 400 euros for each restaurant or cafeteria for which they are accountants.
§ 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 Federal Public Service Mobility and Transport, which are validated by the officer, officer of the Service, or by his or her delegate and are attributed by the competent minister in order to cover the payment of the expenses recovered below.
The accountant has a specific financial account, open to its name and on which the centralized accountant transfers the amount of the advance from the Financial Expenditure Account of the Federal Public Service Mobility and Transport. This transfer is a purely financial operation.
The maximum amount for which a small expense advance can be awarded is 5.000 EUR.
A supplementary advance for small expenses may be requested when the balance of the means of payment on the accountant's financial account of advances is 2.500 EUR or less.
The amount of a small expense may not exceed EUR 500, including VAT.
The accountant may make available to staff members means of payment for small expenses, either in cash or via an electronic wallet or through a debit card.
The maximum amount for which an expense advance for a foreign mission can be awarded is EUR 25,000.
A supplementary advance for these expenses may be requested when the balance of the means of payment on the accountant's financial account is EUR 10,000 or less.
The accountant may make available to public servants on mission abroad means of payment for expenses, in cash up to EUR 500, either via a debit card or via debit card.
An employee for whom a means of payment has been made available by the accountant of advances must justify his or her expenses through supporting documents to demonstrate the expenditures in the accountant's management account. It must pay the balance, without delay, of the advance received and the expenditures justified to the appropriate accountant.
The accountant accounts for expenditures made by advances on the appropriate commitment and liquidation credit.
If an advance or part of it is no longer required for the continuity of the service, the accountant shall remit the balance without delay on the account of the financial revenues of the centralizing accountant.
The competent minister informs the Court of accounts on a monthly basis about the advances he has made.
The Coordinator, an officer of the Federal Public Service Mobility and Transport or his or her delegate, is responsible for the regular follow-up of requests and awards of advances by accountants.
Accountants and their alternates are designated by the competent minister or his or her delegate. The designation order describes the specific tasks of the accountants, indicates the number of the financial account on which the accountant will receive its advance and sets the date on which the accountant manages it, in accordance with the rules established by the competent minister. A copy of this order is forwarded to the Minister of Budget and Finance.
Section 12. - SPF Justice
Art. 11. By derogation from Article 61, 2nd paragraph of the Law of 22 May 2003 on the organization of the budget and accounting of the Federal State, the Minister of Justice is authorized to enter into agreements with the institutions of the European Union in order to finance projects that aim to improve the functioning and integration of justice at the European level.
Section 14. - SPF Foreign Affairs, Foreign Trade and Development Cooperation
Art. 12. During the first six months of 2011, the State can enter into new multi-year commitments with partner countries for a total of EUR 125.000.000. 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. 13. § 1^er. During the first six months of 2011, a loan program for foreign states can be negotiated up to EUR 32.522,000.
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.
Replacement loans may be substituted at any time for the original loans 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. 14. The modalities for the execution of proceeds and expenditures for order, carried out in the framework of the agreements on the joint evaluations of development cooperation, carried out under the responsibility of Belgium, will be included in the agreements with the various partners.
The operations are subject to the preliminary 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. 15. The terms and conditions for the execution of receipts and expenses for order, carried out under the agreements on delegated cooperation, will be included in the agreements with the various partners.
The operations are subject to the preliminary 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. 16. The Member of the Government responsible for Development Cooperation is authorized to hand over the principal and interest of the loans made in the years 1985 to 1988, through the former General Administration of Development Cooperation in Zaire (currently the Democratic Republic of the Congo), for a total of EUR 23.009.606.67.
Section 16. - Ministry of Defence
Art. 17. The Minister of Defence is authorized to use, up to EUR 100,000, revenues from interest generated by advances filed with the Federal Reserve Bank of New York as part of the contracts for the supply of aircraft, logistical support, ground facilities and related costs for the entire F-16 fleet.
These interests will be charged to Account 87.07.03.27.C of the Treasury Order Operations Section. They will be used to cover the costs resulting from the above-mentioned markets.
Section 18. - SPF Finance
Art. 18. § 1^er. By derogation from Article 8, § 1^er of this Act, the commitment credits of the basic allowance "80.61.11.00.03 - Final and intern statutory staff" may be redistributed to the basic allowance "80.61.11.00.09 - Personnel of the Customs Administration and Access available to other FPS Finance and other FPS and Public Services administrations";
§ 2. By derogation from Article 8, § 2 of this Act, the basic allowances referred to in this paragraph concerning the operating expenses of Section 18 - SPF Finance may also be redistributed to the basic allowance "40.03.34.00.40 - Third-party allowances".
Art. 19. For the entry into force of the "SHAPE-domain" budget fund on 1^er January 2012, the Service concerned is authorized to begin the preparatory phase (feasibility study).
Section 19. - Buildings Regime
Art. 20. The Minister who has the Régie des Bâtiments in his responsibilities 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 investment-sale obligations
The accounting commitment for these transactions is limited in 2011 to EUR 247.517.427, as follows:

Art. 21. The Buildings Authority is authorized to finance first-time work in the WTC3 leased building in Brussels by borrowing from the financial market, for a maximum amount (adjusted) of EUR 70.500,000, to be incurred in 2011: EUR 50.602.364.
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.
Art. 22. The Buildings Regime is authorized to defer from the 2010 fiscal year to the 2011 budget year 6/12 of the unused commitment credits granted under the Multi-Year Justice and Security Plan (sections 533.12, 533.13 and 533.14 of the Buildings Regime budget). For the multi-year plan of the Federal Police (art. 533.16), the authorized report will be 12/12.
Section 21. - Pensions
Art. 23. Cash account no. 87.09.76.09 B - "FPS Finance - Treasury - SCDF - Pensions and other benefits - Public Sector Pension Service (PSPS)" - on which are charged from 1^er January 2006 the pension and survival expenses that are managed by the Public Sector Pension Service, may present a debtor balance of up to 20% of the expenses related to the legal missions of that Service.
Art. 24. Cash order account no.87.09.75.08 B - "FPS Finance - Treasury - SCDF - Salaries and other fixed expenses for public sector pension service staff (PSPSS)" - on which are charged from 1^er January 2006 the salaries of staff appointed as a non-negative and contractual challenge from the Public Sector Pension Service may be held at a debtor balance of up to 20% of the management costs of this Service.
Section 33. - SPF Mobility and Transport
Art. 25. All revenues from the Directorate General Air Transport are allocated to the Fund for the Financing and Improvement of Control, Inspection and Investigation and Aeronautics Prevention Programs.
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 means of the Fund for the Financing and Improvement of Control, Inspection and Investigation and Aeronautics Prevention Programs (Program 52/5) are partially disaffected and are added to the general resources of the Consolidated Revenue Fund up to EUR 2.021.
Art. 26. By derogation from section 52, paragraph 1^er, 1°, of the Act of 22 May 2003 on the organization of the budget and accounting of the Federal State and of Article 8, § 1^er, of this Act, the following basic allowances may be redistributed to each other and only to each other:
AB 33 52 01 11.00.16 and AB 33 52 02 12.21.48
AB 33 51 40 11.00.16 and AB 33 51 40 12.21.48
AB 33 51 50 11.00.17 and AB 33 51 50 12.21.48
Art. 27. Within the limits of the basic allowance 33.52.20.81.11.01, a recoverable advance may, by royal decree deliberated in the Council of Ministers, be granted to Belgocontrol for the strictly necessary expenses for the continuity of public service.
Art. 28. 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 means of the Fund for the Operation of the Railway Accidents Investigation Organization (Program 51/3) are disbursed to a maximum of EUR 187.000 and added to the general resources of the Treasury.
CHAPTER III. - Final provision
Art. 29. This Act comes into force on 1^er April 2011.
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 11 April 2011.
ALBERT
By the King:
The Prime Minister,
Y. LETERME
Minister of Finance,
D. REYNDERS
The Minister of Budget,
G. VANHENGEL
The Secretary of State in Budget,
Mr. WATHELET
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
____
Note
(1) Parliamentary references
House of Representatives
Document:
Doc 53-1280 (2010-2011)
001: Bill
002: Report
003: Amendment
004: Text adopted and subject to Royal Assent.
Annales parlementaire
Discussion and adoption - meeting of March 31, 2011.

For the consultation of the table, see image