belgiquelex.be - Carrefour Bank of Legislation

15 MAI 2007. - Civil Security Act (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
PART I^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution
PART II. - Civil security
CHAPTER 1^er. - General provisions
Art. 2. § 1^er. For the purposes of this Act, we must hear
1° "operational civil security services": fire and rescue stations in emergency areas and the Civil Protection operational units;
2° "Minister": the Minister who has the Interior in his office, and, with regard to medical, health and psychosocial relief missions, the Minister with public health in his office;
3° "Governor": Governors of Province except the Governor of the Brussels-Capital Administrative District;
4° "Adequate means": the minimum commitment to personnel and equipment necessary to ensure a quality operational mission while ensuring an adequate level of safety for staff involved;
5° "fastest adequate assistance": operational services that can, with appropriate means, be at the scene of an intervention within the shortest time;
6° "risk analysis": the inventory and analysis of risks in the territory of the area, which indicate the equipment and personnel requirements to cover these risks;
7° "civil measures": non-police and non-military measures.
8° "fire and rescue station, below referred to as a post": an operational structure with the personnel and equipment required from which the appropriate means can be sent to ensure operational missions.
§ 2. Without prejudice to the competence of the Minister of the Interior, the Minister of Public Health has jurisdiction over medical, health and psychosocial relief missions in the execution of the articles:
Article 8;
Article 9;
Article 11, § 1^er2°;
Article 21;
5° article 69;
Article 102;
7th article 106;
Article 119, § 1^er;
9° article 178;
Article 206.
Art. 3. Civil security includes all necessary measures and civilian means to carry out the tasks covered by this Act in order to rescue and protect at all times persons, their property and their living space.
Civil security services, with the exception of medical, health and psychosocial relief missions, are organized and structured in accordance with sections 4 to 6.
Art. 4. For the exercise of its civil security missions, the federal authority has, inter alia, operational units of Civil Protection, the Federal Emergency Training Centre, the Federal Knowledge Centre for Civil Security and a general inspection of services.
Art. 5. The relief zone ensures the creation and organization of posts in its territory and fulfils the tasks entrusted to it by this Act independently.
The emergency zone is composed of a network of positions whose number and location are determined according to the risk analysis.
The King determines, by order deliberately in the Council of Ministers, the content and minimum conditions of risk analysis.
Art. 6. The posts carry out, separately or in common, the tasks entrusted to them by law, taking into account the principle of the fastest adequate assistance.
The King determines, by order deliberately in the Council of Ministers, the minimum conditions for the fastest adequate assistance and adequate means.
Art. 7. The boundaries of the provinces, emergency areas and communes do not constitute an obstacle to the intervention of posts as provided for in Article 6, paragraph 1^er.
Art. 8. The King sets out the measures to be taken in civil security. It may include:
1° establish a program of civil protection measures to be applied by each person, by the public services it designates, and by any private, public or public bodies;
2° Decide on risk identification measures, i.e. the risk inventory in the national territory and which may be taken into account by the competent administrative authorities in the context of emergency planning;
3° Stop measures related to the interdepartmental or multidisciplinary management, coordination or support of emergency events and situations;
4° Decide on measures for the preparation of interdepartmental or multidisciplinary management, coordination or support, including emergency planning and training;
5° Decide on the standards for extinction water resources that municipalities are required to dispose of.
Art. 9. § 1^er. The King may determine the content of the various emergency and intervention plans, their establishment modalities, and their organizational and functional structure.
§ 2. The King establishes emergency plans that organize a response structure to events and emergencies requiring national management, coordination or support.
§ 3. In each province and in the administrative district of Brussels-Capital, the governor or governor of the administrative district of Brussels-Capital, establishes a general emergency and response plan that provides the general guidelines and information necessary to manage the emergency situation, including the measures to be taken and the organization of relief.
Emergency and response plans referred to in paragraph 1^er are subject to approval by the Minister.
§ 4. In each commune, the bourgmestre establishes a general emergency and response plan that provides the general guidelines and information necessary to manage the emergency situation, including the measures to be taken and the organization of relief.
After the approval of the municipal council, the emergency and response plans referred to in paragraph 1^er are subject to approval by the Governor or Governor of the Brussels-Capital Administrative District.
§ 5. General emergency and response plans for municipalities, provinces and the Brussels-Capital administrative district can be supplemented by additional provisions specific to specific risks. These provisions are documented in specific emergency and response plans.
The King may determine the risks that must be the subject of a particular emergency and response plan in the municipalities, provinces and the administrative district of Brussels-Capital.
Art. 10. The provinces, municipalities and areas may be required to make available to civilian security services, the land, premises, furniture and supplies necessary, either for the instruction of the staff of the said services or for the execution of civil security measures in their territory.
The King determines in which cases and under what conditions compensation may be awarded.
CHAPTER II. - General civilian security missions
Art. 11. § 1^er. The general missions of the Civil Security Operational Services are:
1 the rescue of persons and assistance to persons in dangerous circumstances and the protection of their property;
2° emergency medical assistance as defined in Article 1^er of the Act of 8 July 1964 on emergency medical assistance;
3° the fight against fire and explosion and their consequences;
4° the fight against pollution and the release of dangerous substances, including radioactive substances and ionizing rays;
5° logistics support.
§ 2. Part of the missions listed in § 1^erer, 1°, 3°, 5°: forecasting, prevention, preparation, execution and evaluation.
For the purposes of this paragraph, the following is understood:
1° forecast: all measures to identify and analyze risks;
2° prevention: all measures to limit the occurrence of a risk or to minimize the consequences of the realization of a risk;
3° preparation: all measures to ensure that the service is ready to face a real incident;
4° execution: all measures taken when the incident actually occurs;
5° Evaluation: all measures to improve forecasting, prevention, preparation and execution by drawing conclusions from the incident.
§ 3. Without prejudice to the skills of other public services, emergency areas ensure the application of fire prevention and explosion regulations.
Art. 12. The King shall determine, after the advice of the Governors and the Governor of the Brussels-Capital Administrative District, by order deliberately in the Council of Ministers, the tasks performed by the posts and those carried out by the operational units of civil protection in the context of the missions referred to in Article 11.
The King may determine, after the advice of the governors and the governor of the administrative district of Brussels-Capital, by order deliberately in the Council of Ministers, for what tasks or under what circumstances the operational units of civil protection are called or intervene ex officio.
Art. 13. The King shall determine, after the advice of the governors and the governor of the administrative district of Brussels-Capital, by order deliberately in the Council of Ministers, the modalities for the coordination of the operations in which the operational units of civil protection interact with the posts referred to in Article 2, § 1^er8°.
PART III. - From the emergency zone
CHAPTER 1^er- General organization of the emergency zone
Section 1^re. - General provisions
Art. 14. The territory of the Kingdom is divided into emergency areas, below referred to as areas.
Each province includes at least one area.
Each commune belongs to a single area.
The King shall determine, after the advice of the National Advisory Committee of the zones referred to in Article 15, by order deliberately in the Council of Ministers, the territorial delimitation of the zones.
Art. 15. § 1^er. A provincial zone advisory committee, referred to as the provincial advisory committee, is established in each province. The provincial advisory committee is established for the duration of its mission.
The provincial advisory committee is composed of the townships of all municipalities of the province and chaired by the Governor.
The provincial advisory committee shall receive the advice of the authorities of the different municipalities of the province and shall, on this basis, make a uniform opinion to the national advisory committee referred to in § 2.
§ 2. A National Area Advisory Committee, referred to as the National Advisory Committee, is established.
The National Advisory Committee is established for the duration of its mission.
The National Advisory Committee is composed of provincial governors, a representative designated by the "Union des Villes et Communes de Wallonie" and a representative designated by the "Vereniging van Vlaamse Steden en Gemeenten" and a delegation of the federal parliament. It is chaired by the governor of the province with the greatest seniority as governor.
The National Advisory Committee collects opinions from the various provincial advisory committees for the territorial distribution of the areas and makes a proposal to the King.
§ 3. The King may make additional arrangements for the composition and functioning of the national advisory committee and provincial advisory committees.
Art. 16. § 1^er. It is established with the Federal Interior Public Service, a committee to support the Civil Security Reform.
§ 2. The Commission provides an opinion on the following:
1° the calculation of additional costs for areas resulting from the execution of the reform;
2° the new missions entrusted to the areas and their financial impact on the area;
3° the overall assessment of all aspects of civil security reform at the local level. This evaluation includes monitoring of all reform issues.
§ 3. The King determines the composition and operating rules of the commission.
Art. 17. § 1^er. The following provisions apply to the body established by the Brussels-Capital Region pursuant to Article 5 of the special law of 12 January 1989 on Brussels institutions:
1st articles 1 to 13;
Article 17;
Article 70;
4° articles 100 and 101;
5° article 102, paragraph 1^eronly with regard to operational staff;
Article 103;
7th article 106 with regard to the general principles of administrative and financial status applicable to operational personnel referred to in this article;
8° articles 107 and 108;
9° article 119;
Articles 153 to 163;
11°articles 175 to 201;
12th article 224.
§ 2. The terms "area" or "remediation zone" must be understood as intended for the emergency fire and medical service of the Brussels-Capital Region in the following articles:
1. Article 5, paragraph 1^er;
2. Article 11, § 3;
3. Article 101;
4. article 106, paragraph 1^er;
5. articles 107 and 108;
6. Article 119;
7. article 159;
8. Article 176;
9. Article 178;
10. Article 181;
11. Article 185;
12. Article 187;
13. articles 189 and 190;
14. Article 192.
§ 3. The terms "area" or "remediation zone" must be heard as directed to the government of the Brussels-Capital Region within the meaning of the following articles:
1. Article 5, paragraph 1^erthe establishment of posts;
2. Article 100.
§ 4. The terms "area" or "remediation zone" must be understood as referring to the Brussels-Capital Region in the following articles:
1. Article 5, paragraph 2;
2. Article 7;
3. article 177;
4. Article 188.
Art. 18. The area has legal personality.
Art. 19. Each area is administered by an area council and an area college, as described below as council and college.
Art. 20. The board determines the location of the area's headquarters. This decision is communicated within thirty days to the Minister who stops the seat of each area.
Art. 21. The King determines, by order deliberately in the Council of Ministers, the minimum administrative and operational structures that the area puts in place, in particular in order to be able to give appropriate follow-up to the requisitions of the agency referred to in section 197 of the law- programme of 9 July 2004.
Art. 22. The area can, with a view to ensuring more effectively the management of its civil security missions, enter into cross-border cooperation agreements with any public authority in a neighbouring country.
Art. 23. § 1^er. Each area establishes a multi-year policy programme based, inter alia, on risk analysis. This program is established for a period of six years and is subject to adaptation.
The multi-year policy programme includes a communal component and a zonal component of civil security objectives, as well as the personal, material and financial means to achieve them. It is approved by the board.
The King shall, by order deliberately in the Council of Ministers, decide on the minimum content and structure of the multi-year policy programme.
§ 2. The common components of the multi-year policy program are subject to the approval of the Area Community Councils.
In the absence of approval within forty days of their adoption by the council, the council shall be deemed to have signed its agreement.
In the event of disagreement by the municipal council on all or part of the communal part of the multi-year programme of general policy, a conciliation is organized by the governor between the zonal and communal authorities concerned.
If, at the end of the conciliation, the disagreement remains, the governor decides and simultaneously informs the zonal and communal authorities and the minister.
Within twenty days of the notification of the Governor's decision, the council or council may appeal to the Minister. The minister rules within forty days. If there is no decision within forty days, the Governor's decision is final.
§ 3. The multi-year policy programme is implemented by annual action plans prepared by the area commander referred to in section 109 and approved by the council.
Annual action plans are submitted to the local councils of the area for advice.
Section II. - Council of the area
Sub-section 1^re. - General provisions
Art. 24. The area is managed by counsel. The board is composed of a representative per commune. The village represents the commune in full right. If he is prevented, he designates an escape from his commune to replace him.
In the event that the province would contribute to the funding of the area as referred to in section 67, 3°, the Zonal Council may confer on a member of the provincial council the membership of the council. The provincial council shall designate one of its members.
Art. 25. The area commander participates in meetings of the Council with an advisory vote.
Art. 26. Counsel is competent for any matter that is not expressly within the jurisdiction of the College.
In particular, the board is vested in the right to expropriate for public purposes as referred to in Article 61, § 1^erof the Programme Law of 6 July 1989.
Sub-section II. - Zonal advisers
Art. 27. Staff in the area may not be members of the board or college.
Art. 28. Unless they have been properly summoned, the terms of reference of the zonal advisers shall take place on the first working day of the third month following the date of entry on the basis of the communal councils elected after a full renewal, or no later than the first day of the second month following that in which the outcome of their election has become final.
Zonal advisors continue their mandate until the new council is established.
The resigning zonal advisor remains in office until the swearing-in of his replacement.
The municipal council chooses a substitute who completes the mandate of the zonal councillor to whom he succeeds.
Art. 29. With the exception of the circumstance referred to in section 28, the loss of membership of the Provincial Council or the College of Bourgmestre and Echevins put an end to the mandate of zonal counsel.
Art. 30. Without prejudice to section 28, the resignation of a zonal advisor shall be submitted in writing to the chair of the college. It becomes final only once brought to the attention of the board.
Art. 31. The zonal counsellor who wishes to take parental leave on the occasion of the birth or adoption of a child is replaced at his or her request, addressed in writing to the president of the college, for a maximum period of fifteen weeks beginning on or before the seventh week preceding the presumed date of birth or adoption.
The zonal counsellor for parental leave, who requests his replacement, shall be replaced in accordance with the provisions of the rules of procedure referred to in section 38.
Paragraphs 1^er and 2 apply, however, only from the first sitting of the board following the one in which the councillor prevented was installed.
Art. 32. The zonal adviser who, because of a disability, cannot exercise his or her mandate alone may, for the fulfilment of this mandate, be assisted by a trusted person chosen from among the electors of the area who meet the eligibility requirements for the term of councillor, and who is neither a member of the area staff nor a member of the communal staff.
The King shall establish, by order deliberately in the Council of Ministers, the criteria for the application of this Article.
When providing this assistance, the trustee has the same means and is subject to the same obligations as the zonal advisor. However, it is not entitled to chips of presence.
Art. 33. Community advisors can consult the area's budgets and accounts and visit the buildings and services in the area.
Sub-section III. - Council meetings, deliberations and decisions
Art. 34. The board meets as often as the cases within its jurisdiction require and at least once a quarter.
Art. 35. The council is summoned by the college. At the request of a third of Council members, the College is required to convene the College on the day and time indicated.
Art. 36. Except for emergencies, the summons shall be made by mail, by home carrier, by fax or by e-mail, at least ten calendar days before the meeting; the convocation contains the agenda.
The agenda items are clearly indicated.
Documents related to the items on the agenda are made available without the movement of zonal advisors upon the issuance of the agenda.
Art. 37. The chair of the college, referred to in section 57, or the chair who replaces it under the rules of procedure referred to in section 38, shall preside over the board. It opens and closes the session.
Art. 38. The board stops its rules of procedure.
Art. 39. The place, day and hour and the agenda of the board sessions are brought to the public at least by posting at the head office of the area referred to in section 20 as well as in the communal houses of the communes of the area.
The press and interested residents are, at their request and within a useful time, informed of the Council's agenda, with a possible payment of a fee that cannot exceed the cost of return.
The rules of procedure established by the board may provide for other forms of publication.
Art. 40. No act or document concerning the administration of the area may be exempted from the examination of the zonal advisors.
Zonal advisers may obtain a copy of the acts and documents relating to the administration of the area under the conditions established by the rules of procedure.
Counselors have the right to ask written and oral questions to the College. The rules of procedure determine the conditions for the exercise of this right.
Art. 41. The Council may not take a resolution if the majority of its members are present. If this quorum is not reached, a new council will be convened within twenty days. The council may, however, deliberate validly whatever its composition on the items worn a second time on the agenda.
Art. 42. Every zonal counsellor is prohibited:
1° to be present at deliberation on objects to which he has a direct interest, either personally or as a business manager, before or after his election, or to which his parents or allies up to the fourth degree inclusively have a personal and direct interest. This prohibition does not extend beyond the parents or allies to the second degree, when it comes to the presentation of candidates, job appointments, and disciplinary proceedings;
2° to take part, directly or indirectly, in a public contract of work, services or supplies;
3° to intervene as a lawyer, notary or business manager in trials against the emergency zone. It shall not, in the same capacity, be able to plead, notify or follow any dispute in the interest of the emergency area unless it is free of charge;
4° to intervene as advice of a zonal staff member in disciplinary matters or in an appeal against an assessment;
5° to intervene as a delegate or technician of a trade union organization in a bargaining or consultation committee of the area.
Art. 43. Council meetings are public.
However, with the exception of the case referred to in section 44, the board, by a two-thirds majority of the members present, may, in the interest of public order and because of the serious disadvantages that would result from the advertisement, decide on the closed hearing.
As soon as a matter of person is raised, the President shall pronounce the matter closed.
Except in disciplinary matters or in special circumstances determined by the rules of procedure, the closed session may be held only after the public sitting.
Art. 44. At the latest, 10 calendar days before the meeting in which the Board is called to deliberate on the budget, a budget change or accounts, the College shall give each advisor a copy of the proposed budget, the proposed budget amendment or the accounts.
The project is communicated as it will be submitted to the Board's deliberations in the prescribed form and accompanied by the annexes required for its final judgment, with the exception, with respect to the accounts, of the supporting documents. The budget proposal and the accounts are accompanied by a report.
Art. 45. The report on the proposed budget, referred to in section 44, defines the general and financial policy of the area and synthesizes the situation of the administration and affairs of the area and all relevant information.
The account report synthesizes the area's financial management during the year to which these accounts relate.
Before the council deliberates, members of the college comment on the content of the report.
Art. 46. No foreign object on the agenda can be discussed unless the emergency warrants it. The emergency will be declared by at least two thirds of the zonal advisors present; their names will be mentioned in the minutes.
Any foreign proposal on the agenda shall be delivered to the President at least five calendar days prior to the meeting; it is accompanied by an explanatory note or any document to inform the board. A member of the college is prohibited from using this faculty. The President simultaneously transmits the additional agenda items to the zonal advisers.
Art. 47. The minutes are made available to advisers seven calendar days at least before the day of the session and at the latest, at the same time as the agenda. The minutes of the previous session are submitted for approval to the board.
Any member has the right, during the session, to comment on the drafting of the minutes. If these observations are adopted, the Area Commander, referred to in section 109, is responsible for presenting, holding or not later than the next sitting, a new text in accordance with the Council's decision. If the meeting is conducted without observation, the minutes shall be considered to be adopted and signed by the Chair of the College and the Area Commander.
Art. 48. The Secretary of Council and College is appointed by the Board. In the event of absence or incapacitation of the secretary, the president shall designate an ad hoc secretary.
Art. 49. The secretary is responsible for:
1st prepare the meetings of the council and the college;
2° guarantee the publicity of the administration;
3° keep up to date the calendar of meetings of the council and the college;
4° transmit to the competent guardianship authority the decisions, the zonal proceedings and all the necessary parts for the exercise of guardianship;
5° to prepare minutes of meetings of the Council and the College;
The minutes are signed by the secretary and the president.
The minutes mention all the objects discussed as well as the sequences given to the points about which no decision has been made.
Art. 50. The president exercises the police of the assembly; it may, after giving the warning, have expelled from the room any individual who will give public signs either approval or improbation, or will incite the tumult in any way.
Art. 51. Each zonal advisor, including members of the college, has a voice.
Derogation from paragraph 1^er, each zonal advisor shall have, in votes relating to the preparation of the budget, the budgetary amendments and the annual accounts, a number of votes proportional to the staffing of his commune in the area.
The methods for calculating the voting key are determined by the King, by order deliberately in the Council of Ministers.
Art. 52. Resolutions are taken by an absolute majority of votes; in case of sharing, the proposal is rejected.
Art. 53. The board votes on the whole budget and on all annual accounts. However, each zonal advisor may require a separate vote of one or more items or groups of items that he or she designates, if that is the budget or one or more items or positions that he or she designates, if that is the annual accounts. In this case, the vote on the whole may only be taken after the vote on the item(s), groups of articles or posts so designated.
Art. 54. Unless the law provides for the use of a secret ballot, the members of the council shall vote in high votes. The rules of procedure may provide for a method of voting equivalent to a high vote. Only job appointments, layoffs, preventive suspensions in the interest of service and disciplinary sanctions, are the subject of a secret ballot, with the absolute majority of votes.
Section III. - College of the emergency zone
Art. 55. The members of the college are appointed by the council in its own right, proportional.
Art. 56. The area commander attends meetings of the college with an advisory vote.
Art. 57. The election shall be by secret vote by an absolute majority of votes at the first sitting of the council.
The candidates who obtained the largest number of votes shall be elected as members of the college.
The college designates its president.
In the event of a parity of voice, the preference is given in the following order:
1° to the candidate who, on election day, is a member of the college. If two or more candidates are in this case, the preference is given to the one who has been a member of the college without interruption the longest;
2° to the candidate who previously was a member of the college. If two or more candidates are in this case, the preference is given to the one who has exercised his or her mandate without interruption the longest, and in the event of an equal duration, to the one who has been discharged most recently;
3° to the candidate who, without reaching the age of sixty, is the oldest;
At least 4° of candidates who reached the age of sixty.
The term of a member of the college shall be held on the day after the election referred to in paragraph 1^er.
In the event of absence or incapacity, the member of the college shall be replaced under the provisions of the rules of procedure of the college referred to in section 59.
Art. 58. Within the college, each member has a voice.
Art. 59. The college stops its rules of procedure.
Art. 60. The College meets on the days and hours set by the regulations and as often as required by the prompt shipment of cases.
College meetings are not public. Only decisions are made in the minutes and in the record of deliberations; They are only likely to have legal effects.
The summons to special meetings is made by mail, home carrier, fax or e-mail, at least two calendar days before the meeting.
However, in the event of an emergency, the president of the college remains a judge of the day and time of the meeting.
Art. 61. The College can only deliberate if the majority of its members are present.
The decisions of the college shall be taken by a majority vote.
In the event of a parity of voice, the college postpones the case to a next meeting. If the majority of the College's voices have declared urgently the processing of the case, or if the case had been postponed at a previous meeting after a parity of votes, the President's voice is preponderant.
Art. 62. The rules referred to in section 42 shall apply to members of the college
Art. 63. In addition to the missions entrusted to it by the Board, the College is responsible for:
1° of the publication and execution of decisions of the zonal council;
2° of the administration of the buildings and properties of the area;
3° of income management, area spending ordering;
4° of accounting monitoring;
5° direction of work within the area;
6° monitoring of administrative and operational personnel in the area;
7° of the representation of the area at the conclusion of conventions to which it is a party;
8° of enforcement of obligations arising from the employer status of the area;
9° of the representation of the area in court.
The powers referred to in paragraph 1^er, 7° and 9°, may be exercised only after authorization by the board.
Section IV. - From the technical commission
Art. 64. A technical commission is established within each area.
Art. 65. The Technical Committee is composed of officers in charge of the area and the area commander who chairs it.
The Council also determines the composition and practical organization of the technical commission on the proposal of the zone commander.
Art. 66. The technical commission assists the area commander during the drafting of the general policy program referred to in section 23, including the establishment of the equipment acquisition program referred to in section 118.
It also has an advisory competence at the request of the bodies in the area regarding the operational organization of the area.
CHAPTER II. - Financing of the emergency zone
Art. 67. Relief areas are financed by:
1° Endowments of the municipalities of the area;
2° Federal Endowments;
3° the possible provincial allocations;
4° the rewards of the missions authorized by the King;
5° of various sources.
As long as the ratio between the means of the municipal and federal authorities provided for under this law is not equal to one, the communes of an area will not, together, contribute more in real terms than their current contribution. The King shall determine, by order deliberately in the Council of Ministers, after hearing the representatives of the cities and communes, that ratio as at 31 December 2007 as well as the posts of income and expenditure that come into line to calculate that ratio.
The communal staffing referred to in paragraph 1^er, 1°, may be reduced in proportion to the provincial staffing referred to in paragraph 1^erThree.
Art. 68. § 1^er. The municipal allocation is included in the expenses of each municipal budget. She's paid at least by twelfth.
§ 2. Endowments of the municipalities of the area are set annually by deliberation of the council, based on the agreement reached between the various communal councils concerned.
In the absence of such an agreement, the allocation of each commune shall be determined by the council in accordance with the procedure for calculating and paying the communal endowments determined by the King, by order deliberately in the Council of Ministers.
The staffing calculations are determined taking into account the following criteria for each municipality:
- the residential and active population;
- the area;
- cadastral income;
- taxable income;
- the risks present in the territory of the commune.
Art. 69. The King shall determine, by order deliberately in the Council of Ministers, the terms and conditions for the determination and payment of the federal endowment, which shall be paid at least by twelfth.
The methodology for calculating federal staffing is determined taking into account the following criteria for each area:
- the residential and active population;
- the area;
- cadastral income;
- taxable income;
- the risks in the territory of the area.
Art. 70. The King may, by order deliberately in the Council of Ministers, within the limits of budgetary laws and the conditions it determines, intervene in the financing of the administrative district of Brussels-Capital by granting subsidies or a specific allocation.
Art. 71. Royal decrees referred to in sections 67 to 70 are confirmed by a law no later than six months of their entry into force.
÷ lack of confirmation within this period, they cease to produce their effects.
Art. 72. If, after the depletion of the means referred to in section 67, the area does not have sufficient financial resources to cover the expenses necessary for the performance of its missions, the difference is borne by the municipalities of the area according to the distribution key referred to in section 68.
CHAPTER III. - Budget, financial and accounting management
Section 1^re. - Special accountant
Art. 73. The revenues and expenses of the area are carried out by a special accountant.
The King determines the conditions of access to the special accountant function.
The same person may be the special accountant of several areas.
Art. 74. The King sets the rules for the exercise of the special accounting function.
Art. 75. § 1^er. The special accountant is designated by the college.
The special accountant takes the following oath in the hands of the president of the college: "I swear faithfulness to the King, obedience to the Constitution and the laws of the Belgian people".
It's a report.
A special accountant who, without legitimate grounds, does not take an oath after having been invited to do so at the nearest meeting of the College by a registered letter to the position, is deemed to give up his appointment.
§ 2. The Special Accountant shall be responsible, alone and under its responsibility, for the receipt of the area's income and, on a regular basis, for the expenses ordered up to a maximum of the special amount of each item of the budget, special credit or provisional credit, or the amount of the allocations transferred in accordance with section 95.
§ 3. In cases where the special accountant refuses or delays to pay the amount of regular warrants, the payment will be continued, as with respect to direct contributions, by the Receiver of the State on the Governor's Executive, who summons the Special Accountant and hears it beforehand.
Art. 76. Without prejudice to sections 73 and 75, § 2, may be paid directly to the account opened on behalf of the beneficiary area to financial institutions which, as the case may be, meet sections 7, 65 and 66 of the Act of 22 March 1993 relating to the status and control of credit institutions:
1° Endowments, subsidies, subsidies and interventions in area expenditures;
2° the amount of their share in the funds established by law, decree or order, for the benefit of the zones, and in general all amounts allocated free of charge to the areas by the State, the communities, the regions, the provinces and the communes.
Financial institutions referred to in paragraph 1^er are authorized to take the amount of the debts owing to the area on its own account(s) opened in the name of the area.
Art. 77. § 1^er. The Special Accountant is required to provide, as a guarantee of its management, a depositary in cash, securities or in the form of one or more mortgages unless it has constituted a similar bond as a receiver of a municipality or public social action centre, regional receiver or special accountant of a police area or other relief zone.
The King sets the minimum and maximum amount of this bond.
At the first meeting following the appointment of the special accountant, the board sets out the amount of the bond it must make, as well as the time it is given to it to do so.
The deposit is placed at the deposits and consignations; the interest it carries belongs to the special accountant.
Bailing acts have passed, without charge for the area, by authentic act in the presence of the college.
If registration fees are payable, they are reduced to the general fixed law and are borne by the special accountant.
§ 2. The special accountant may replace the bonding, either by a bank guarantee or insurance that meets the terms fixed by the King, or by the solidarity bond of an association approved by the King.
This registered association is in the form of a cooperative society.
The registration order of the association and the approved statutes are published in the Belgian Monitor.
The association may control the credit union and accounting of the special accountant to which it is guaranteed, with the agreement of the college on the contractual provisions establishing this right and the terms and conditions for the exercise of that right.
§ 3. The College ensures that the bonding of the special accountant is provided and renewed in a timely manner.
§ 4. The special accountant who has not provided his or her bail within the prescribed time limits, and who has not justified this delay by sufficient grounds, will be considered resigning and will be provided for his replacement.
§ 5. All costs related to the issuance of bail are borne by the special accountant.
§ 6. In the event of a deficit in the area fund, the area has a privilege on the bonding of the special accountant.
Art. 78. The special accountant exercises his or her functions independently under the authority of the college.
Art. 79. The compensation of the special accountant is fixed by the council within the limits and conditions established by the King.
Art. 80. § 1^er. In the event of the absence of the special accountant, his or her function is performed by a substitute designated by the college, on the proposal of the special accountant, under his or her responsibility, for a period of up to 30 days.
This replacement may be extended twice for the same period.
§ 2. In all other cases, the board designates a special accountant acting who meets the conditions to be designated a special accountant.
The special accountant acting shall exercise all the skills of the special accountant.
§ 3. In the event of a replacement of the special accountant, his or her replacement is awarded.
Art. 81. The Special Accountant may be heard by the College and Council on all matters that have a financial or budgetary impact.
Art. 82. § 1^er. An end-of-management account shall be established when the special accountant ceases to perform his or her duties at the time of the establishment and termination of the functions of the special accountant and in the case referred to in article 80 § 2, paragraph 2.
§ 2. The end-of-management account of the special accountant, accompanied, where appropriate, by his or her observations or, in the event of death, those of his or her accountants, shall be submitted by the college to the board who arrests him and declares the special accountant leaves or fixes a debenture.
The decision by which the end-of-management account is definitively discontinued is notified, under the recommended fold to the position, to the special accountant or, in the event of death, to his or her eligible beneficiaries, by the college, accompanied, where appropriate, by an invitation to terminate the debenture.
§ 3. The decision that finalizes the end-of-management account and declares the special accountant definitively leaves the return of the bond.
§ 4. The decision referred to in § 3 shall be subject to the terms of guardianship referred to in Articles 145 to 147.
Section II. - Budget and financial management
Sub-section I^re. - Property and income from the area
Art. 83. The liberalities made by acts between vigour are always accepted provisionally, in accordance with the provisions of the Act of 12 July 1931 extending to all legal persons the benefit of the provisional acceptance of the liberalities made by acts between vigors.
Art. 84. § 1^er. The board shall determine the conditions for the rental and any other use of the goods and revenues of the properties and rights of the area.
§ 2. The board grants, if applicable, to tenants in the area the discounts they request, either that they have the right to claim them under the law or under their contract, or that they seek them for reasons of fairness.
Art. 85. The board selects and sets the conditions for contracting work, supplies or services.
It may delegate these powers to the College for the markets for the day-to-day management of the area within the regular budget.
In the event of an imperious emergency resulting from unpredictable events, the college may exercise the powers of the board referred to in paragraph 1^er. Its decision is communicated to the board who takes note of it at its next sitting.
Sub-section II. - The area budget
Art. 86. The budget of the area is prepared by the college and approved by the council, in accordance with the minimum budgetary standards established by the King by decree deliberated in the Council of Ministers.
Art. 87. The fiscal year of the zones is the calendar year.
They are only considered to be an exercise, the rights acquired to the area and the commitments made in respect of its creditors during this exercise, regardless of the fiscal year in which they are sold.
Art. 88. Each year, in the first quarter, the Board meets to settle the annual accounts for the previous year.
These annual accounts include the budget account, the result account and the balance sheet.
The report referred to in section 44, paragraph 2, is attached to the accounts.
Art. 89. The Board meets annually in the course of October to deliberate on the area's spending and revenue budget for the next year.
Art. 90. The budgets and accounts are deposited at the headquarters of the area referred to in section 20, and at the communal house of each municipality that is part of the area, where anyone can always read without displacement.
This possibility of consultation is recalled through posters displayed at the college's diligence in the month following the adoption of budgets and accounts by the board. The duration of the display cannot be less than ten days.
Art. 91. Any optional expenditure allowance that has been reduced by the guardianship authority may not be expended by the college without a new deliberation of the council that authorizes it.
Art. 92. No payment on the box of the area may take place only under an allocation to the budget, a special credit or a provisional credit allocated under the conditions and limits set by the King, by order deliberately in the Council of Ministers.
College members are personally responsible for expenses incurred or mandated by them in accordance with paragraph 1^er.
Art. 93. § 1^er. No section of the budget expenditure may be exceeded, and no transfer may take place.
§ 2. However, when, at the end of a fiscal year, certain allocations are encumbered with regular and effective commitments to the creditors of the municipality, the allocation portion required to close the expenditure is transferred to the following year by decision of the College to be annexed to the account of the fiscal year ended.
Allowances may be disposed of so transferred without further decision of the board.
Art. 94. The Board may, however, provide for expenses claimed under compelling and unforeseen circumstances by taking a reasoned resolution.
In the event that the slightest delay would result in a clear injury, the College may, under its responsibility, provide the expense, with the responsibility of giving it, without delay, knowledge to the board that deliberates whether or not it admits the expenditure.
Members of the college who would have charged expenses paid pursuant to paragraphs 1^er and 2 but dismissed from the final accounts, are personally required to pay the amount to the area fund.
Art. 95. The terms of reference on the box of the area, ordered by the college, are signed by the president of the college; They're countersigned by the area commander.
Art. 96. In no case can the area's expenditure and revenues budget be presented, no later than the fiscal year following the establishment of the emergency zone, a balance in the ordinary or extraordinary deficit, or a balance or a fictitious benefit.
Art. 97. The Board is required to increase to the expenditure budget every year that the laws provide for the area and specifically the following:
1st seated contributions on the properties of the area;
2° the debts of the area, liquid and payable, and those resulting from judicial convictions at its expense;
3° the salaries of the area commander and the administrative and operational staff of the area;
4° the office costs of the headquarters of the area;
5° the maintenance of the buildings of the area or the rent of the buildings that take place;
6° the necessary printing costs for zonal accounting;
7° the dependants of the area.
Art. 98. If the revenue from the budget is insufficient to pay a debt from the area that is recognized and due, or is the result of a final decision by an administrative or judicial court, the board proposes ways to override it.
Art. 99. The Board is required to increase the annual budget, specifying them, any income from the area, as well as any income attributed to it by law, and the excesses of previous years.
CHAPTER IV. - Staff
Art. 100. The area manages the recruitment, appointment and career of its staff.
Art. 101. Area staff consists of two executives: an administrative framework and an operational framework.
Art. 102. The King sets out, after delimitation of the zones, by order deliberately in the Council of Ministers, the minimum framework for administrative and operational personnel in the areas.
The area shall, within the limits set by the King, adapt the framework to the results of the risk analysis and priorities established by the general policy program referred to in section 23.
Art. 103. The area's operational framework consists of volunteer firefighters and/or professional firefighters.
Voluntary firefighters are those for which the firefighter function is not their main activity.
Professional firefighters are firefighters who are used principally by the area.
Art. 104. The area proposes to the private or public employer of a voluntary member of its operational staff the conclusion of an agreement specifying the terms and conditions of operational availability and availability for the training of the volunteer member.
The terms and conditions of conclusion and the contents of such a convention are fixed by the King, by decree deliberately in the Council of Ministers.
Art. 105. The area's administrative framework consists of statutory or contractual agents.
Art. 106. The King, by deliberate decree in the Council of Ministers, shall determine the administrative and financial status of administrative and operational personnel in the areas, including training.
This status takes into account the specific risks inherent in the main missions of operational personnel in the emergency areas.
CHAPTER V. - From authority and direction
Section I^re. - General skills of municipalities and provinces
Art. 107. For the execution of its security missions in the territory of its commune, the mayor can use the means of the posts of the areas.
To that end, he requested the area commander to make the necessary arrangements.
The positions of the area or areas are placed under the authority of the village.
Art. 108. For the execution of his security missions in the territory of his province, the governor and the governor of the administrative district of Brussels-Capital may appeal to the areas. To that end, he requested the area commander to make the necessary arrangements. The positions in the area or areas are placed under the authority of the Governor or Governor of the Brussels-Capital Administrative District.
Section II. - Area management
Art. 109. Each area is headed by the area commander.
It is responsible for the management, organization and management, as well as the division of tasks within the area.
Art. 110. The Area Commander shall exercise the powers referred to in section 109 under the authority of the College.
With a view to the proper management of the area, the Area Commander shall inform the College as soon as possible of all matters relating to the area and the execution of its missions.
It reports every three months to the College on the operation of the area and informs this authority of external complaints regarding the operation or intervention of the personnel in the area.
Art. 111. The Area Commander is responsible for preparing the substance of the files submitted to the Area Council or College.
The provisions of section 42 shall apply to the zone commander.
Art. 112. The entire mail in the area is signed by the president of the college and countersigned by the area commander.
Art. 113. The King sets out the contents of the function profile to which the commander must satisfy and determine the selection modalities of the zone commander.
Art. 114. The candidate best classified at the end of the selection procedure is designated by the board for a renewable period of six years.
Art. 115. Every two years, the area commander is assessed by the college. The Council may, by reason of decision, terminate the mandate of the area commander prematurely if it has been subject to two successive negative assessments.
At the end of each six-year period, the council extends the appointment of the commander after a reasoned, non-binding opinion of the college and on the basis of a comprehensive assessment by an evaluation commission.
Art. 116. § 1^er. An assessment board is established in each area. The Commission is composed as follows:
1° the president of the college;
2° the governor or his representative;
3° a member of the general inspection designated by the Minister.
The chair of the college chairs the assessment board.
§ 2. The assessment board is convened on the initiative of the chair of the college.
The commission shall hear the area commander and any other person who may inform the proceedings.
§ 3. The rules of operation of the assessment board are set by the King.
CHAPTER VI. - Equipment and equipment
Art. 117. The area acquires the equipment and equipment required to carry out its missions. It provides management and maintenance.
Art. 118. The council, on the proposal of the zone commander, after the advice of the technical commission, shall establish a programme for the acquisition of equipment and equipment, taking into account the available financial resources. The equipment and equipment acquisition program is part of the multi-year policy program referred to in section 23.
Art. 119. § 1^er. The minimum standards of equipment and equipment are set by the King, by order deliberately in the Council of Ministers. The area applies these standards based on the risk analysis referred to in section 5 to achieve the fastest adequate assistance.
§ 2. The King sets standards for individual equipment, uniform, insignia and other means of identification of operational personnel in the area.
CHAPTER VII. - Specific guardianship
Section I^re. - General provisions
Art. 120. The guardianship authority may collect all information and data relevant to the examination of records that are subject to its guardianship by both correspondence and on-site.
Art. 121. Subject to the contrary, the computation of deadlines takes place in calendar days.
Art. 122. Subject to the circumstances referred to in Article 123, the time limit for the examination of a deliberation shall take place on the day following receipt by the guardianship authority.
Art. 123. The time limit for the review of a deliberation of the zonal authority by the guardianship authority is interrupted by the shipment of a recommended letter to the post by which the guardianship authority requests the deliberation file in question or requests additional information from the zonal authority. In the cases covered by this article, the examination period shall take place on the day after receipt, either of the record or of the additional information requested, transmitted by registered letter or submitted against receipt.
Section II. - General specific guardianship
Art. 124. After each meeting of Council and College, a list containing a brief statement of the Board and College proceedings is sent within twenty days to the Governor and the Minister. The College certifies on this occasion that the advertising provisions referred to in paragraph 2 have been complied with.
The list of proceedings is published by posting to the governor at the headquarters of the area and in each of the communal houses of the towns of the area.
Art. 125. Without prejudice to the provisions of section 124, a certified true copy of the deliberations of the Governor and the Minister shall be sent within twenty days of their adoption:
1° the deliberations of the zonal authority setting out the method of attribution and conditions of public contracts of work, supplies and services as well as the deliberations of the college passed in accordance with the above deliberations;
2° the deliberations of the zonal authority regarding the expenses made necessary by compelling and unforeseen circumstances;
3° the deliberations of the zonal authority relating to the recruitment, designation, appointment and promotion of personnel in the area;
4° the deliberations of the zonal authority appointing the zone commander, his evaluation or the renewal of his mandate.
Art. 126. § 1^er. Subject to the application of section 123, the Governor may suspend, by order and within a period of 25 days following receipt of the list referred to in section 124 or the deliberation referred to in section 125, the execution of the decisions by which the zonal authority violates the provisions of this Act or made under this Act. A copy of the suspension order is forwarded to the Minister simultaneously.
§ 2. The zonal authority may, within forty days from the day after the Governor's suspensive order is sent, justify the suspended deliberation. In such a case, the Minister shall give the Minister a valid deliberation no later than the last day of the above-mentioned period. A copy of the supporting deliberation is forwarded to the Governor.
The zonal authority may, within the same period, withdraw the suspended decision. She informs the governor and the minister.
§ 3. In the event of a warranted deliberation or initiative on the expiry of the period referred to in § 2, the Minister may, by reasoned order and within forty days of the day after the receipt of the supporting deliberation or the expiry of the period referred to in § 2, cancel the suspended decision or lift the suspension of the said decision.
The order is sent, no later than the last day of the forty-day period, to the zonal authority. A copy is sent to the governor.
In the absence of an order within forty days, the suspension is lifted.
§ 4. The Minister may, in addition, decide definitively on the cancellation of any decision submitted to the general specific guardianship within twenty-five days of its receipt. He informs the governor and the zonal authorities beforehand.
The order is sent, no later than the last day of the period referred to in paragraph 1^erTo the zonal authority. A copy is sent to the governor.
Section III. - Special specific guardianship
Art. 127. The approval by the custodial authority of decisions relating to the personnel framework, the budget and the amendments made thereto, the contribution of a municipality to the financing of the area and its amendments as well as to the accounts, may only be refused for violation of the provisions of this Act or taken under this Act.
Art. 128. The Minister has a general authority to evocation decisions subject to special guardianship and orders made by the Governor pursuant to sections 131, 136 to 139, 142, 145, 148 and 150.
When the Minister decides to make use of this evocation power, the Minister shall inform the Governor and the zonal authority within twenty days of receipt of the decision concerned or of the Governor's order.
In making use of the Minister's powers of removal, the Minister has the same prerogatives as those referred to in sections 141, 142, 146 and 148.
The Minister shall make a final decision within forty days of the day after receipt of the decision or order of the Governor.
He forwards his decision, no later than the last day of that period, to the governor and to the zonal authority.
Sub-section I^re. - Area staff
Art. 129. The decisions of the zonal authority relating to the organic framework of the operational staff and that of the administrative personnel in the area are forwarded for approval to the Governor. A copy is sent to the minister.
Art. 130. By organic framework, the grade enumeration and the fixation of the number of statutory jobs by grade is understood.
Art. 131. Subject to section 123, the Governor shall rule on the approval of the decision referred to in section 129 within 25 days from the day after the day on which the Governor received the decision. This decision is forwarded to the zonal authority and to the Minister no later than the last day of the deadline.
Upon expiry of this period, the decision shall be deemed to be approved.
Art. 132. The zonal authority may appeal to the Minister against the decision not approved by the Governor of the decisions of the council relating to the organic framework, within forty days of the day after the order has been transmitted to the zonal authority.
Art. 133. The Minister shall decide on the appeal within forty days of the day after receiving the appeal. He forwards his decision, no later than the last day of that period, to the governor and to the zonal authority.
Failure to make a decision within the time limit referred to in paragraph 1^erthe appeal against the Governor's decision is deemed to be granted and the deliberation in question is deemed to be approved.
Sub-section II. - Budget and budgetary amendments
Art. 134. The decisions of the zonal authority relating to the budget of the area and the amendments made thereto and decisions relating to the contribution of the municipality to the financing of the area and its amendments as well as the decisions of the communal councils regarding their contribution to the financing and their amendments shall be sent, within twenty days of their adoption, for approval to the Governor. Copy is sent to the minister.
All annexes required for the finalization of the budget are attached to the budget.
The King shall determine, by order deliberately in the Council of Ministers, the data necessary for the establishment of the budget of the area to be notified by the zonal authority to the guardianship authority. It also decides on the nature of the information medium and the form that these data are presented.
Art. 135. Subject to section 123, the Governor shall decide on the approval of the decisions referred to in section 134 within forty days after the date of receipt of the decision.
Art. 136. The Governor shall forward his or her order to the zonal authority or to the municipal authority no later than the last day of the period referred to in section 135. A copy is sent simultaneously to the Minister.
If there is no decision at the expiry of this period, the budget shall be deemed to be approved by the Governor.
The Governor's Order is brought to the attention of the zonal authority or the municipal council at its next sitting.
Art. 137. If the zonal authority refuses to carry to the budget, in whole or in part, the revenues or mandatory expenses that the law defrays from the area for the fiscal year to which the budget relates, the Governor shall make the required amounts.
The Governor shall, at the same time, amend the amount of the contribution to the financing of the area of each municipality in the area concerned.
A copy of the Governor's Order is sent simultaneously to the Minister.
The Governor's Order is brought to the attention of the zonal authority or the municipal council at its next sitting.
Art. 138. If the zonal authority deals with the revenue area budget that, under the Act, does not return to it, in whole or in part, during the fiscal year to which the budget relates, the Governor shall de-list the amount or the proper registration of the amount.
The Governor shall, simultaneously with the registration of office, amend the amount of the contribution to the financing of the area of each municipality in the area concerned.
A copy of the Governor's Order is sent simultaneously to the Minister.
The Governor's Order is brought to the attention of the zonal authority and the municipal council at its next sitting.
Art. 139. If the municipal council of one of the municipalities in the area refuses to carry to the budget, in whole or in part, the revenues or expenses required by the law shall charge the municipality for the fiscal year to which the budget relates, the Governor shall make the amounts required.
A copy of the Governor's Order is sent simultaneously to the Minister.
The Governor's Order is brought to the attention of the zonal authority or the municipal council at its next sitting.
Art. 140. The zonal authority or the communal council may appeal to the Minister against the order of the governor pursuant to sections 134 to 139, within forty days of the day after the notification of the order to the zonal authority or to the municipal authority.
Art. 141. The Minister shall decide on the appeal within forty days of the day after receiving the appeal.
The Minister may cancel or amend the Governor's order under sections 134 to 139.
It shall make the necessary amendments, registrations and radiation in accordance with sections 137 to 139.
It shall forward its decision, no later than the last day of that period, to the governor and the zonal authority or to the municipal council.
If there is no decision on the expiry of this period, the appeal against the Governor's decision shall be deemed to be granted and the Governor's decision cancelled.
The Minister's order is brought to the attention of the Governor and the zonal authority or the municipal council at its next sitting.
Art. 142. Sections 137 to 141 are also applicable to changes made to the budget by the zonal authority and to changes made by the municipal council to the contribution of the municipality to the financing of the area.
Sub-section III. - Accounts
Art. 143. The decisions of the zonal authority relating to the accounts of the area are sent, within twenty days of their adoption, to the Governor and the Minister.
Art. 144. The King determines, by order deliberately in the Council of Ministers, the data which, for the recognition of these accounts, are transmitted to the guardianship authority by the competent authorities.
It also sets out the nature of the information medium and the form that these data are presented.
Art. 145. The proceedings referred to in section 143 shall be subject to the approval of the Governor, who shall determine the amounts within one hundred days from the day after the receipt of the accounts, subject to the application of section 123. The Governor shall, by the last day of that period, issue his order to the zonal authority, the special accountant and the Minister.
The Governor's Order is communicated to the zonal authority at its next sitting.
If there is no decision at the expiry of this period, the accounts are deemed to be approved by the Governor.
Art. 146. The zonal authority and the special accountant may make an appeal to the Minister against the Governor's Order on the Accounts of the Area within forty days of the day after the Order is sent to the zonal authority.
In case of appeals from both the zonal authority and the special accountant, appeals are attached.
A copy of the appeal(s) is sent on the same day to the Governor, Special Accountant and zonal authority.
Art. 147. In the event of an appeal, the accounts shall be prepared by the Minister within one hundred days of the day after the Minister receives them.
The Minister shall forward his decision on the appeal filed, by the last day of the period referred to in the preceding paragraph, to the Governor, the zonal authority, and the Special Accountant.
Failure to decide on the expiry of the time limits referred to in paragraph 1^erthe appeal is deemed to be granted; However, where the appeal is issued only from the special accountant of the area, if no decision is made at the expiry of the time limits referred to in paragraph 1^erthe appeal is deemed to be rejected.
Sub-section IV. - Accounting and cash control
Art. 148. § 1^er. In the event of a refusal or delay in the ordering of the expenses that the law imposes on the areas, the Governor shall hear the zonal authority and order, where appropriate, the immediate settlement of the expenses involved. The Governor simultaneously transmits a copy of his order to the Minister.
§ 2. The zonal authority may make an appeal to the Minister within forty days from the date of the order.
The Minister shall decide on the appeal within forty days of the day after the date of his receipt and shall forward his order no later than the last day of that period to the Governor and the zonal authority.
If there is no decision at the expiry of the time limits referred to in paragraph 3, the use of the zonal authority shall be deemed to be granted.
§ 3. In cases where the Special Accountant refuses the order, the Special Accountant may, within forty days from the day after the date of receipt of the Governor's order, appeal to the Minister against the order declaring an enforceable warrant.
The Minister shall decide on the appeal within forty days of the day after receipt of the appeal and notify the Governor, Special Accountant and Zonal Authority of his or her order no later than the last day of the appeal.
If there is no decision at the expiry of the time limits referred to in paragraph 2, the Governor's Order becomes enforceable.
The final ordering decision takes place as a regular mandate that the special accountant executes on his or her own behalf.
Art. 149. The Minister or the Governor controls the accounting and cash of the area, whenever they consider it useful. Any control is the subject of a report which is submitted to the zonal authority.
Sub-section V. - Debt rescheduling
Art. 150. The deliberations of the zonal authority relating to the rescheduling of the financial expenses of the borrowed for the financing of the area are forwarded within twenty days for approval to the Governor. Copy is sent to the minister.
Subject to the application of section 123, the Governor shall rule on the approval of the zonal authority's decision within forty days of the day after the date of receipt of the zonal authority and shall transmit its order no later than the last day of that period to the zonal authority and to the Minister.
Upon expiry of this period, the rescheduling is deemed to be approved.
The Governor simultaneously transmits a copy of his order to the Minister.
Art. 151. The zonal authority may make an appeal to the Minister within forty days from the date of the order.
The Minister shall decide on the appeal within forty days of the day after the date of his receipt and shall forward his order no later than the last day of that period to the Governor and the zonal authority.
If no decision has expired, the appeal shall be deemed to be granted.
Section IV. - Special coercive guardianship
Art. 152. The Minister or the Governor may, after the expiry of the time limit set out in a notice issued by letter, charge one or more special commissioners to travel to the place, at the personal costs of public persons, respectively, of the municipality or area that has neglected to comply with the notice, for the purpose of collecting the information or observations requested or performing the measures arising out of the obligations arising from the application of the provisions of this Act or taken.
The Special Accountant shall be responsible for the recovery of costs referred to in paragraph 1^er, on the basis of an order made to that effect by the authority having initiated the constraint procedure, which takes place as a warrant to be executed by the special accountant.
PART IV. - Civil Protection
Art. 153. The Federal State has, for the exercise of the civil security missions referred to in Article 11, a federal civil protection body, organized in operational units, competent throughout the territory of the Kingdom.
For the execution of their security missions, the mayor and the governor or governor of the Brussels-Capital administrative district may appeal to Civil Protection.
Art. 154. Civil Protection is under the authority of the Minister.
Art. 155. Civil Protection includes professional members and voluntary members.
Professional members are those who exercise this function as principal.
Voluntary members of the Civil Protection are those for which the exercise of this function is not their main activity.
Art. 156. The King, by deliberate decree in the Council of Ministers, sets out the administrative and financial status of professional and voluntary members of the Civil Protection.
Art. 157. The King determines, on the proposal of the Minister, by order deliberately in the Council of Ministers, the establishment of Civil Protection units in the territory of the Kingdom without more than one per province. The King may modify by the same procedure the establishment of these units.
Art. 158. The King shall determine, after the advice of the Governor, by order deliberately in the Council of Ministers, the equipment and equipment available to each unit of the Civil Protection.
PART V. - Responsibility of relief personnel and civil protection services
Art. 159. This title applies to staff in emergency areas and to staff in the Civil Protection Service, both voluntary and professional. For the purposes of this title, they are referred to as "staff member".
Art. 160. In the event of injury caused by a staff member in the performance of his or her duties to third parties or to the public body of the authority to which he or she reports, the perpetrator of the damage shall reply:
1° dol and heavy fault;
2° of the slight fault if it presents in its leader a usual character.
Art. 161. The public legal entity is responsible for the damage caused to third parties by the members of its staff, in accordance with article 1384 of the Civil Code.
Art. 162. The perpetrator of a damage caused to third parties who are the subject of a damages action before a civil or criminal court may appeal to the public legal entity of the authority of which he or she is a member.
Art. 163. The damage and interest action and the recursory action of a public legal person against a member of his staff is admissible only if it is preceded by an offer of amicable settlement made to the defendant.
The public can decide that the damage should only be repaired in part.
Art. 164. The State or area, as it is the staff of the State or the area, shall take charge of the costs of justice to which the staff member is sentenced in court for acts committed in his or her office, unless he or she has committed an intentional fault, a heavy fault, or a slight fault that presents in his or her leader a usual character.
When one of these faults is established, the State or area shall decide, after hearing the staff member, whether the staff member must bear all or part of the legal costs.
Art. 165. § 1^er. A staff member who is brought to justice or against whom the public action is brought for acts committed in the performance of his or her duties, shall be assisted in court by a lawyer in charge of the area or the State.
In the event of a staff member's death, the right to legal assistance is the right of his or her beneficiaries.
§ 2. No legal assistance shall be provided to the staff member against whom the State or area exercises the civil action referred to in Article 163.
§ 3. Legal assistance may be refused, as the case may be, by the area or by the State, where the facts manifestly do not relate to the exercise of the functions.
Legal assistance may also be denied when it is clear that the staff member concerned committed an intentional fault or a heavy misconduct.
§ 4. Where legal assistance has not been granted in accordance with § 3 and the court decision indicates that this refusal was not justified, the staff member is entitled to reimbursement of the costs he has incurred in securing his defence.
Where legal assistance has been granted, but it appears from the court decision that it should not have been granted, the costs incurred to ensure its defence may be recovered from the staff member in the manner provided for in section 163.
§ 5. The King determines the conditions under which the lawyer's fees chosen to provide legal assistance are covered by the state or area
The legal assistance of civil protection personnel is the responsibility of the Federal Interior Public Service.
The area is responsible for providing legal assistance to members of the emergency zone.
§ 6. The legal assistance provided by the State or area does not lead to any recognition of its responsibility.
Art. 166. § 1^er. The King determines the conditions and conditions under which the staff member is compensated for damage to the property under his or her duties.
Damage to property is defined as damage to property that is owned or owned by the staff member and is essential for the performance of his or her duties.
§ 2. The compensation is borne by the State for civil protection officials and dependants of the area, for officials of the emergency zone.
§ 3. Compensation is excluded, where damage to property is due to intentional misconduct or a heavy misconduct by the staff member concerned.
The same is true, up to the amount granted or to be granted, where the damage to property has been or is likely to be compensated:
1° under an insurance contracted by the staff member concerned or for his or her benefit, subject to the default of payment by the insurer within one year of the date of the realization of the damage;
2° as a legal charge in criminal matters.
§ 4. The State or area is subrogated in the rights and actions of the staff member concerned to the amount paid.
§ 5. Compensation by the State or the area excludes any remedy for the same damaging act, up to the amount awarded, against the State, the area, its organs or agents.
§ 6. The compensation is borne by the Federal Interior Public Service in respect of civil protection personnel.
PART VI. - Coordination
Art. 167. Without prejudice to the competence of the competent minister, the coordination of civil security in the province is ensured by the governor and his services.
The King may, by order deliberately in the Council of Ministers, organize the modalities of coordination.
PART VII. - General Inspection of Civil Safety Services
Art. 168. It is created within the Federal Internal Public Service a general inspection of the operational civil security services under the direct authority of the Minister. It enjoys the independence necessary to carry out its mission.
Art. 169. The general inspection covers the operation of civil security services. Without prejudice to the competence of the Inspectors of Public Health, it shall have control over parts and on-site of the application of the legal and regulatory provisions relating to the missions referred to in Article 11.
Art. 170. The general inspection shall, either as an initiative or on the orders of the minister or at the request of the mayor, the governor or the governor of the administrative district of Brussels-Capital or the zonal authority, each within the framework of his or her competence.
Art. 171. The general inspection gives the responsible authorities its opinions and suggestions on any measures that could improve the organisation and operation of the areas and operational units of the Civil Protection and on fire prevention.
It raises any breach of the regulations it sees.
If the inspection finds facts that may result in disciplinary proceedings, it shall notify the competent disciplinary authority.
Art. 172. Each inspection is the subject of a report to the applicant authority and to all authorities referred to in section 170.
In the case referred to in section 171, paragraph 2, the report mentions the time limit in which the area is invited to remedy the deficiencies found.
When the time limit is due, the area remains in default of correcting the deficiencies found, minutes are provided by the general inspection.
The report is published by posting for at least ten working days at the headquarters of the emergency zone concerned and in each of the communal houses in the area.
Notwithstanding the application of paragraph 1^erthe minutes shall be communicated by the general inspection to the guardianship authorities referred to in sections 120 and following.
The Governor or the Minister may, pursuant to sections 137 to 141, make an ex officio registration of the expenses required for the budget to remedy the deficiencies found.
Art. 173. In carrying out their duties, members of the general inspection have at all times free access to the facilities available to civil security services; They are required to assist members of the general inspection, to provide them with all necessary justifications and information, and to provide them with all necessary documents, parts and elements to carry out their duties.
Art. 174. The King shall, by order deliberately in the Council of Ministers, decide on the modalities for the operation of the general inspection; It determines the framework, the conditions for the designation of members of the general inspection, the specific rules applicable to their status.
PART VIII. - Federal Knowledge Centre for Civil Security
Art. 175. The Federal Knowledge Centre for Civil Security, established within the Federal Public Service of the Interior, is a separate State service, as defined in Article 140 of the State Accounting Laws, coordinated on 17 July 1991.
The execution procedures are determined by the King, by order deliberately in the Council of Ministers.
PART IX. - Fire prevention mission and explosion
Art. 176. The area is required, at the request of the bourgmestre, to control the application of the measures prescribed by the laws and regulations relating to the prevention of fires and explosions.
Art. 177. The King sets out the arrangements for the organization of fire prevention in the territory of the zones.
TITRE X. - Recovery of Mission Expenses
Art. 178. § 1^er. Among the following interventions are recovered by the State with regard to Civil Protection and the area with regard to the posts:
1° dependant on the recipient, the costs incurred in these services during interventions outside of the missions referred to in Article 11;
2° dependant of the recipient, a lump sum to cover the costs incurred by the ambulance transport as part of the emergency medical assistance.
§ 2. The King shall determine, by order deliberately in the Council of Ministers, among the tasks carried out in the missions referred to in Article 11, those whose costs may be recovered from their beneficiaries and the tasks performed free of charge.
The King regulates the method of fixing and recovering these costs.
§ 3. The amount of expenses recovered by the State under §§ 1^er and 2 and section 179, § 2, is charged to the Fire Safety Fund and the explosion referred to in the Act of 30 July 1979 on the prevention of fires and explosions and the compulsory assurance of civil liability under these same circumstances.
§ 4. In accordance with the rules of common law, an appeal shall be open against third parties responsible, to persons liable for the costs referred to in § 1^er and 2.
Art. 179. § 1^er. For the purposes of this article, the following means:
1° "professional activity": any activity carried out in the context of an economic activity, business or business, regardless of its private or public, lucrative or non-profit nature;
2° "operator": any natural or legal person, private or public, who exercises or controls a professional activity or, by delegation, has received an important economic power over the technical operation of such activity, including the holder of a licence or authorization for such an activity, or the person registering or notifying such activity;
3° "costs": costs justified by the intervention of civil protection services and public fire services, including the cost of the assessment of environmental damage, the imminent threat of such damage, the options for action, administrative, judicial and enforcement costs, data collection costs and other overhead costs, and the costs of monitoring and monitoring.
§ 2. In case of pollution referred to in Article 11, § 1^er, 4°, the State and the area are required to recover the costs caused by this leader to their services to the operator who caused the damage or imminent threat of damage or to the owner of the products incriminated.
The State and the area may decide to waive recovery, where the costs of recovery exceed the amount to be recovered or when the operator or owner cannot be determined.
The operator or the owner is not required to bear the costs, when he is able to prove that the damage or imminent threat of his/her occurrence:
(a) is the act of a third party, despite appropriate security measures;
(b) is the result of an order or instruction from a public authority, other than an order or instruction resulting from an issue or incident caused by the operator's own activities.
When only one damage or imminent threat is caused by several operators or owners, they support costs in solidarity.
When contamination or pollution occurs at sea or comes from a sea ship, the costs are borne by the perpetrator of contamination or pollution, in accordance with international law. The owners of the ships involved are civilly and in solidarity.
§ 3. The State and the area may at any time compel the operator or the owner to provide information on an environmental damage that has occurred, on an imminent threat of environmental damage or in case such an imminent threat is suspected.
Art. 180. § 1^er. When environmental damage affects or is likely to affect one or more regions or others Member States of the European Union, the State, areas or communes cooperate, in particular through an adequate exchange of information, to ensure that appropriate measures concerning environmental damage or the imminent threat of environmental damage are taken.
§ 2. When environmental damage or imminent threat within the meaning of § 1^er occurs, the State, areas or municipalities provide sufficient information to the competent authorities of the regions or other member states of the potentially affected European Union.
§ 3. When the State, areas or municipalities identify, within their borders, environmental damage, whose cause is outside their borders, they may inform the competent authorities of the regions concerned or of the States members of the European Union concerned and the European Commission.
They may make recommendations on the measures to be taken and request reimbursement of the costs of the measures they have taken.
§ 4. This collaboration does not affect existing forms of collaboration.
PART XI. - Requisition and evacuation
Art. 181. § 1^er. The Minister or his or her delegate may, in the course of his or her actions in the context of civil security and for the purposes of civil security, requisition the persons and things that he or she considers necessary.
The same authority is recognized in the mayor and, by delegation of the mayor, in the area commander or in the officers of the posts during the intervention of these services in the course of their missions.
§ 2. The State, in the case referred to in § 1^erParagraph 1^erand the area in which the intervention took place, in the case referred to in § 1^er, paragraph 2, shall bear the costs related to the requisition of persons and things and shall reimburse the persons entitled, in the manner determined by the King, by order deliberately in the Council of Ministers.
§ 3. During the duration of the operational services of civil security, the employment contract and the apprenticeship contract are suspended for the benefit of workers who are requisitioned under this circumstance.
Art. 182. The Minister or his or her delegate may, in the event of dangerous circumstances, in order to ensure the protection of the population, require the Minister to depart from places or regions that are particularly vulnerable, threatened or affected, and assign a place of provisional residence to persons subject to this measure; for the same reason, it may prohibit any movement or movement of the population.
PART XII. - Special measures in wartime
Art. 183. In the event of war, civil security includes all civilian measures and means to ensure the protection and survival of the population and the safeguarding of the national heritage.
Art. 184. The King may, with a view to protection against the facts of war, prescribe the development of special sites in buildings.
Art. 185. In times of war or in times assimilated by Article 7 of the Law of 12 May 1927 on military requisitions, the King may order the incorporation of an office of inhabitants in the services of the Civil Protection.
Bourgmestre may also, in the cases provided for in paragraph 1^er and within the limits set by the King, order the incorporation of the inhabitants of the commune in the emergency zone that serves the commune.
Art. 186. In times of war, the measures imposed on the provinces and communes are ordered by the governor, the governor of the Brussels-Capital administrative district or by the town-murder in place of the provincial or communal bodies normally competent; the regulations and orders, in this case, become mandatory upon publication.
PART XIII. - Criminal provisions
Art. 187. Denial or negligence to comply with the measures ordered under section 181, § 1^er and 182 shall be punished, in peacetime, with imprisonment of eight days to three months and a fine of twenty-six to five hundred euros, or only one of these penalties.
In times of war or times assimilated, refusal or negligence to comply with the measures ordered under section 185 will be punished by imprisonment from three months to six months and a fine of five hundred to thousand euros, or only one of those penalties.
The Minister or, where appropriate, the burglar or the area commander may, in addition, make the execution of the said measures ex officio, at the expense of the refractories or defectors.
PART XIV. - MODIFICATIVE AND ABROGATIVE PROVISIONS
CHAPTER I^er. - Amendment of the Penal Code
Art. 188. In section 5, paragraph 4, of the Criminal Code, as amended by the Act of April 26, 2002, the words ", emergency zones" are inserted between the words "province" and the words "Brusselian Agglomeration".
CHAPTER II. - Amendments to the Act of 30 July 1979 on the prevention of fires and explosions and the compulsory insurance of civil liability under these same circumstances
Art. 189. ÷ section 5, of the Act of 30 July 1979 on the prevention of fires and explosions and the compulsory insurance of civil liability under these same circumstances, are made the following amendments:
1° in paragraph 1^er, the words "of the territorially competent fire department" are replaced by the words "of the emergency area to which the municipality belongs";
2° in paragraph 2, the words "The fire department" are replaced by the words "The area" and the words "in accordance with section 9 of the Civil Protection Act of December 31, 1963" are replaced by the words "in accordance with sections 168 to 174 of the Civil Security Act of May 15, 2007";
3° in paragraph 3, the words "of the fire service" are replaced by the words "of the emergency zone".
Art. 190. to Article 6, § 2, paragraph 2, of the Act, as amended by the Acts of 30 December 2001 and 22 December 2003, are amended as follows:
1° in point 1°, the words "fire services" are replaced by the words "emergency zones";
2° in point 3°, the words "the application of sections 10bis and 12 of the Civil Protection Act of December 31, 1963" are replaced by the words "the application of section 67 of the Civil Security Act of May 15, 2007"
Art. 191. Section 13 of the Act, as amended by the Act of 30 December 2001, is repealed.
CHAPTER III. - Amendment of the law of 1^er August 1985 on tax and other measures
Art. 192. In Article 42, § 3, 5° of the Law of 1^er August 1985 with tax and other measures, as amended by the Act of 27 December 2004, the words "to members of public fire services" are replaced by the words "to operational members of emergency areas".
CHAPTER IV. - Amendments to the New Municipal Law
Art. 193. In section 133bis of the New Municipal Law, inserted by the Act of 15 July 1992 and amended by the Acts of 3 April 1997 and 7 December 1998, the following paragraph shall be inserted between paragraphs 1^er and 2:
"Without being able, in any way, to infringe upon the responsibilities of the town, the municipal council has the right to be informed by the mayor about the manner in which it exercises the powers conferred on it in accordance with sections 107, 153 and 181 of the Civil Security Act of 15 May 2007.
Art. 194. Section 143, paragraph 2, of the Act, as amended by the Acts of 21 March 1991, 16 July 1993 and 7 December 1998, is repealed.
Art. 195. Section 144 of the Act, amended by the Acts of 16 July 1993 and 7 December 1998, paragraphs 1^er and 2 are replaced by the following provision:
"The decisions to be taken by the King under section 29 are fixed after consultation with representatives of the most representative organizations of the municipal staff. "
Art. 196. In Article 153, § 1^erParagraph 1^er, and § 3, paragraph 3, of the same law, replaced by the royal decree of 30 July 1989 and amended by the law of 24 June 1991, the words "and permanent firefighters" are deleted each time.
Art. 197. In section 156, paragraph 3, of the Act, as amended by the Act of 3 February 2003, the words "2° as a member of the operational body of a fire service that participates directly in the fight against fire. » are deleted.
Art. 198. Section 255 of the Act, as amended by the Act of 1^er January 2001 is completed as follows:
19. expenses incurred by the municipality by or under the Civil Security Act of 15 May 2007. "
CHAPTER V. - Amendment of the programme law of 8 April 2003
Art. 199. In sections 126 and 129 of the Program Law of 8 April 2003, the words "Act of 31 December 1963" are replaced by the words "Act of 15 May 2007 on civil security".
CHAPTER VI. - Amendment of the Programme Law of 9 July 2004
Art. 200. In section 209 of the Act - July 9, 2004, the words "law of December 31, 1963" are replaced by the words "law of May 15, 2007 on civil security".
CHAPTER VII. - Repeal of the Civil Protection Act of 31 December 1963
Art. 201. (former art. 193) The Civil Protection Act of 31 December 1963 is repealed ten days after the publication to the Belgian Monitor of the Royal Decree by which the King finds that the conditions referred to in section 220 are met.
PART XV. - Transitional provisions
Art. 202. For the purposes of this title, the term "common" means a "intercommunal fire services".
Art. 203. Professional firefighters in service in a municipality are transferred to the operational framework of the emergency area of which this commune is part. Subject to the application of section 207, they are subject to the status applicable to operational personnel in the area.
Art. 204. Members of the fire services who, on the basis of a contract of engagement, are in service with a municipality as volunteer firefighters are transferred to the operational framework of the area that is part of this commune.
Subject to the application of section 207, they are subject to the status applicable to operational personnel in the area.
Art. 205. Administrative and technical personnel of the communal fire bodies are transferred to the administrative framework of the area to which the commune belongs, with the maintenance of their status or contractual personnel.
Without prejudice to the application of section 207, the statutory staff shall be subject to the status of application to the personnel of the administrative framework of the area.
Art. 206. On the date of entry into service of the zones, as set out in Article 220, the communal staff in service in the centres of the unified appeal system becomes federal staff within the competent administration and is subject, without prejudice to Article 207, to the statute, arrested by the King, by order deliberately in the Council of Ministers.
Art. 207. The municipal staff referred to in sections 203 to 206 may decide to remain subject to the laws and regulations that are applicable to municipal staff.
The decision referred to in paragraph 1^er shall be taken within three months of the publication to the Belgian Monitor of the Royal Decree referred to in Article 106 and shall be communicated in writing to the competent authority by the staff member concerned. From the time the fire services were divided into areas, the said staff member may request at any time to be subject to the provisions referred to in section 106.
Art. 208. The operational members of the fire services retain their rank or receive an equivalent grade when transferring to the area's operational framework.
Art. 209. With respect to the immediate claim of monetary rights, the transfer of personnel, referred to in sections 203 to 206, is not considered a change of employer.
Art. 210. § 1^er. The movable property of the commune belonging to both the public and private domain, which is used for the execution of fire services missions, is transferred to the area.
§ 2. The movable property of the commune belonging to both the public and private domain, which is used for the equipment of the centres of the unified appeal system, is transferred to the federal state.
§ 3. Transfers referred to in § 1^er and 2 are executed in full law. They are entitled to third parties, on the date of entry into force of the zones, as set out in section 220.
Art. 211. Assets that are part of the individual non-specialized equipment of the fire services member are transferred to the emergency area to which the fire services member is transferred.
Art. 212. The property referred to in Article 210, §§ 1^er and 2, are transferred to the state in which they are located, including the charges and obligations inherent in these assets.
The King sets out, by deliberate decree in the Council of Ministers, the rules for the inventory and estimation of these assets.
On the occasion of this estimate, it will be taken into account, inter alia, the age and status of these assets and the percentage of public subsidies that have been allocated for the purchase of these assets.
Art. 213. § 1^er. The effective transfer of the goods referred to in Article 210, § 1^er, is done after approval of the Receiver of the Municipality and the Officer - Chief of Service of the Municipal Fire Service and includes the full inventory of these assets on a date fixed by the King.
On the occasion of the effective transfer of the goods referred to in Article 210, § 1^er, the Special Accountant and the Area Commander shall check whether the property has been transferred in full.
§ 2. The effective transfer of the property referred to in section 210, § 2, shall be effected after the approval of the Receiver of the Municipality and the Officer - Head of Service of the Municipal Fire Service and shall include the full inventory of the property at a date fixed by the King.
÷ the opportunity for the effective transfer of the property referred to in section 210, § 2, the competent minister shall control whether the property has been transferred in full.
Art. 214. The zone or the federal State shall take over the rights and obligations of the municipality with respect to the property transferred in accordance with section 210, including the rights and obligations related to the current and future judicial proceedings.
The municipality is, however, liable to obligations that were due to payment or enforcement prior to the transfer of ownership of the property referred to in section 210.
In the event of a dispute over a transferred property, the area or the federal state may involve the municipality. The commune can intervene voluntarily.
Art. 215. § 1^er. The barracks and other immovable property, including real property by destination, which are the property of the commune, necessary for the reception of administrative, logistical and operational personnel of the fire and rescue services are transferred to the area or made available to it under the conditions determined by the King by decree deliberated in the Council of Ministers.
§ 2. Real property, including real property by destination, which is the property of the municipalities and which are necessary for the reception of the staff of the centres of the unified appeal system are transferred to the federal state.
§ 3. Transfer of immovable property referred to in § 1^er and 2 is done by authentic act.
Art. 216. The property referred to in section 215 shall be transferred to the state in which they are located, including the expenses and obligations inherent in these assets.
The King sets out, by deliberate decree in the Council of Ministers, the rules for the inventory and estimation of these assets.
This estimate will include the size, location, age and state of each building property. It will also be taken into account in estimating the subsidies and contributions made by the various authorities in the value of each building property.
Art. 217. For the provision of furniture and buildings referred to in articles 210, § 1^er, and 215, § 1^er, the municipalities receive compensation in the form of a reduction of the communal staffing in the budget of the area.
Depending on the needs of the area, the council determines the effective reduction of the respective communal holdings.
Depending on the value of the municipality's contribution, the reduction of the municipality's contribution is spread over several years. In order to ensure the proper operation of the area, the annual reduction per commune may be equivalent to 20% maximum of the annual communal endowment.
Art. 218. For the contribution of the movable and immovable property referred to in sections 210, § 2, and 215, § 2, the municipalities receive an allowance that is calculated on the basis of the estimation rules referred to in sections 212 and 216.
Art. 219. Any procedure for public procurement of works, supplies and services for the benefit of communal fire services to the municipalities or the federal state shall be pursued by the area on the date of entry into force of this article.
Paragraph 1^er applies to the performance of public contracts awarded before the same date.
PART XVI. - Final provisions
CHAPTER I^er. - Establishment of zones
Art. 220. Fire services are integrated into fire and rescue stations, when the King finds that the following conditions were met:
1° the territorial district of the area has been fixed in accordance with section 14;
2° the number and minimum equipment of the area were determined in accordance with Articles 102 and 119, § 1^er;
3° the Federal Endowment has been established in accordance with Article 69;
4° Endowments of the various municipalities of the area were included in the communal budgets, in accordance with section 68. These allocations are determined on the basis of the agreement between the communal councils of the municipalities of the area. If there is no agreement between the communal councils within six months of the determination of the territorial jurisdiction of the area, the allocation of the municipalities is fixed by the King.
Art. 221. Until the entry into force of the area as referred to in section 220, fire services are organized on the basis of regional groups and on the basis of emergency zones, as referred to in sections 10 and 10bis of the Civil Protection Act of 31 December 1963.
Pending the entry into force of the zones, regional groups and emergency areas use the possibilities provided for by and taken under the Civil Protection Act of 31 December 1963 to organize relief on the basis of the principle of adequate and timely assistance.
Art. 222. Within three months after the entry into force of the area, as referred to in section 220, the board shall be composed in accordance with the provisions set out in section II of Title III.
The terms of reference of the councillors are valid until a new council is established or, in the event of a premature termination of their term, until the swearing-in of their deputy.
Art. 223. By the end of the sixth month following the board's installation, the area shall approve the number and equipment of the area in accordance with sections 102, paragraphs 2 and 119, § 1^er.
Pursuant to section 129, the decision of the area with respect to the staff is forwarded to the Governor and the Minister.
In case the area fails to meet the requirement under paragraph 1^erthe Minister may, at the expense of the area, establish the strength and equipment referred to in paragraph 1^er.
CHAPTER II. - Entry into force
Art. 224. The following articles come into force ten days after the publication of the law in the Belgian Monitor:
Article 1^er;
2nd article 2;
3° articles 14 and 15;
Articles 68 and 69;
5° article 102, paragraph 1^er;
Article 119, § 1^er;
7° articles 220 and 221;
8th article 224;
The other articles come into force ten days after the publication of the order by which the King finds that the conditions referred to in section 220 are fulfilled.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 15 May 2007.
ALBERT
By the King:
The Minister of the Interieur,
P. DEWAEL
Seal of the state seal:
Minister of Justice,
Ms. L. ONKELINX
____
Note
(1) Regular session 2006-2007.
House of Representatives.
Parliamentary documents. - Bill No. 51-2928/1. - Amendments, No. 51-2928/2 to 4. - Report made on behalf of the Commission, No. 51-2928/5. - Text adopted by the Commission, No. 51-2928/6. - Text adopted in plenary and transmitted to the Senate, No. 51-2928/7.
Full report: 12 April 2007.
Senate.
Parliamentary documents. - Project referred to by the Senate, No. 3-2403/1. - Amendments, No. 3-2403/2. - Report made on behalf of the Commission, No. 3-2403/3. - Decision not to amend, No. 3-2403/4.
Annales of the Senate: April 26, 2007.