23 MARCH 2007. - An Act to amend the Act of 4 July 1989 relating to the limitation and control of election expenses incurred for the elections of the Federal Chambers, as well as to the financing and open accounting of political parties and the Act of 27 June 1921 on non-profit associations, non-profit international associations and foundations (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
PART I^er. - Amendments to the Act of 4 July 1989 on the limitation and control of election expenses incurred for the elections of the Federal Chambers, as well as the financing and open accounting of political parties
CHAPTER I^er. - General provisions
Art. 2. Article 1^er of the Act of 4 July 1989 relating to the limitation and control of election expenses incurred for the elections of the Federal Chambers, as well as to the financing and open accounting of political parties, the following amendments are made:
1° to 2°, third dash, as amended by the laws of 18 June 1993, 19 November 1998 and 2 April 2003, are amended as follows:
(a) in the Dutch text, the word "Volksvertegenwoordigers" is replaced by the word "volksvertegenwoordigers";
(b) the words "Council or" are replaced by the words "Community and Region Parliaments or";
2° to 4°, paragraph 5, replaced by the law of 2 April 2003, the words "in the course of examination of the accounts referred to in articles 11bis and 24, paragraph 2, and" are inserted between the word "suspendus" and the words "in the holiday periods".
CHAPTER II. - Limitation and control of election expenses incurred in the elections of the Federal Chambers
Art. 3. In section 2 of the Act, replaced by the Act of 19 May 1994, the following amendments are made:
1° to § 1^er, paragraph 4, as amended by the Royal Decree of 20 July 2000, the second sentence is replaced by the following text:
"In this case, parties must be able to prove that the expenses they incurred for this or these candidates are consistent in the party's campaign. »;
2° to § 2, 1°, amended by the law of 19 November 1998, by the Royal Decree of 20 July 2000 and by the law of 2 April 2003, are made the following amendments:
(a) the words "their list" are replaced by the words "their list(s)";
(b) the words "on the list of candidates presented" are inserted between the words "the political party" and the amount ": 8.700 EUR";
3° § 2bis, inserted by the law of 2 April 2003, is repealed;
4° to § 3, 1°, amended by the law of 19 November 1998, by the Royal Decree of 20 July 2000 and by the law of 2 April 2003, are made the following amendments:
(a) the words "their list" are replaced by the words "their list(s)";
b) the words "on the list of candidates presented" are inserted between the words "the political party" and the amount ": 8.700 EUR".
Art. 4. Article 4bis, §§ 1^er, 2 and 4, of the same law, inserted by the law of 12 July 1994, the words "community or region councils" are replaced by the words "community or region parliaments".
Art. 5. Article 5, § 1^er, of the same law, inserted by the law of 2 April 2003, the 5th is replaced by the following provision:
"5° cannot broadcast commercial advertising spots on the radio, on television and in movie theaters or on-line messages. "
Art. 6. Section 11bis of the Act, inserted by the Act of 2 April 2003, is supplemented as follows:
"The examination by the Court of Accounts shall suspend the period provided for in Article 12, § 1^er. "
Art. 7. In Article 12, § 1^er, of the same law, replaced by the law of 2 April 2003, the words "article 1^er, 4°, paragraphs 3 and 4" are replaced by the words "article 1^er4°, paragraphs 4 and 5".
Art. 8. In Article 13 of the Act, amended by the Acts of 18 June 1993 and 2 April 2003, the words "In case of exceedance of the maximum authorized amount, as set out in Article 2, § 1^er," are replaced by the words "In case of violation of Article 2, § 1^er"
Art. 9. In section 14 of the Act, replaced by the Act of 21 May 1991, the following amendments are made:
1° to § 2, the following amendments are made:
(a) the words "on complaint" are replaced by the words "on denunciation";
(b) the words "on complaint" are inserted between the words "of the Control Board or" and the words "of any person";
2° to § 3, as amended by the laws of 18 June 1993 and 2 April 2003, the following amendments are made:
(a) in paragraph 1^er, in the first sentence, the words ", denunciations" are inserted between the words "procurator of the King" and the words "and the introduction of complaints";
(b) in paragraph 1^erin the second sentence, the words "Article 1^er, 4°, paragraphs 3 and 4" are replaced by the words "Article 1^er4°, paragraphs 4 and 5";
(c) the following paragraph shall be inserted between paragraphs 1^er and 2:
"In respect of the denunciations made by the Supervisory Board, the King's Prosecutor shall in any case have a period of thirty days from the receipt of the denunciation for the exercise of public action. "
CHAPTER III. - Financing of political parties
Art. 10. In the Dutch text of Article 15 of the Act, as amended by the law of 17 February 2005, the word "Volksvertegenwoordigers" is replaced by the word "volksvertegenwoordigers".
Art. 11. In section 15bis of the same law, inserted by the law of April 10, 1995, the words ", by December 31, 1995," were deleted.
Art. 12. In the Dutch text of Article 16, paragraph 1^er, 2°, of the same law, amended by the law of 18 June 1993 and by the royal decree of 20 July 2000, the word "Volksvertegenwoordigers" is replaced by the word "volksvertegenwoordigers".
Art. 13. Section 16ter of the Act, inserted by the Act of 19 November 1998 and amended by the Act of 2 April 2003, is replaced by the following provision:
"Art. 16ter. § 1^er. At the end of each year, political parties and their components, as well as political agents, set out in the order of their reception the statement referred to in article 16bis, paragraph 2, of all donations of 125 euros and more that were attributed to them, in any form, during the past year.
§ 2. The statement mentions the names and names of the natural person who made the donation, its complete address (rue, number and common name of the principal residence), its nationality, the amount of each donation, the date on which it was received and the total amount of all donations received in the past year.
§ 3. The statement shall be filed against receipt, no later than 30 April of the year following the year to which it relates, to the Supervisory Board which shall ensure compliance with the obligations set out in section 16bis and this section.
§ 4. The King shall, by order of royal deliberation in the Council of Ministers, establish the model of the statements referred to in this article and articles 6 and 16bis, as well as the records referred to in Article 116, § 6, paragraph 2, of the Electoral Code.
§ 5. Where a political party or component does not introduce the statement referred to in § 1^er or introduced too late, the party loses the right to the staffing provided for in Article 15 during the subsequent period determined by the Supervisory Board and which may not be less than one month or more than four months.
§ 6. The political representative who does not introduce the statement referred to in § 1^er or the introduced too late is punished by a fine of 26 euros to 100.000 euros. "
Art. 14. In the Dutch text of Article 19, paragraphs 1^er and 2, of the same law, the word "Volksvertegenwoordigers" is replaced by the word "volksvertegenwoordigers".
Art. 15. In the Dutch text of article 21 of the same law, as amended by the law of 18 June 1993, the word "Volksvertegenwoordigers" is replaced by the word "volksvertegenwoordigers".
CHAPTER IV. - Accounting for political parties
Art. 16. In section 24 of the Act, as amended by the Acts of 19 November 1998 and 2 April 2003, the following amendments are made:
1° in the Dutch text of subparagraphs 1^er and 5, the word "Volksvertegenwoordigers" is each time replaced by the word "volksvertegenwoordigers";
2° to paragraph 2, the words "Article 1^er§ 2, "are replaced by the words "Article 1^er4°, paragraph 3, ";
3° paragraph 2 is completed as follows:
"The examination by the Court of Accounts shall suspend the period provided for in paragraph 3. "
CHAPTER V. - Transitional and final provisions
Art. 17. Section 29, paragraph 2, of the Act is repealed.
Art. 18. Section 30 of the Act, inserted by the Act of 17 February 2005, is repealed.
PART II. - Amendment of the Act of 27 June 1921 on non-profit associations, non-profit international associations and foundations
Art. 19. In section 17 of the Act of 27 June 1921 on non-profit associations, non-profit international associations and foundations are made the following amendments:
1° § 4 is replaced by the following provision:
"Paragraphs 2 and 3 are not applicable:
1° to associations subject, because of the nature of their activities as principal, to specific rules, resulting from legislation or public regulations, relating to the maintenance of their accounts and their annual accounts, provided that they are at least equivalent to those provided for under this Act;
2° to associations referred to in Article 1^er, 1°, of the Act of 14 July 1989 relating to the limitation and control of election expenses incurred for the elections of the Federal Chambers, as well as to the financing and open accounting of political parties. »;
2° it is inserted a § 6bis, which reads as follows:
§ 6bis. § 6, paragraph 1^er, is not applicable to associations referred to in § 4, 2°. "
PART III. - Entry into force
Art. 20. This Act comes into force on the day of its publication in the Belgian Monitor.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 23 March 2007.
ALBERT
By the King:
The Minister of the Interior,
P. DEWAEL
Seal of the State Seal:
The Minister of Justice,
Ms. L. ONKELINX
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Note
(1) Regular session 2006-2007
Chamber of Representatives:
Parliamentary documents. - Bill No. 2996/1. - Amendments, no. 2996/2. - Report, no. 2996/3. - Text adopted in plenary and transcribed in the Senate, No. 2996/4.
Full report: 22 March 2007.
Senate
Parliamentary documents. - Project transmitted by the House of Representatives, No. 3-2139/1. - Report, no. 3-2139/2. - Text adopted in plenary and subject to Royal Assent, No. 3-2139/3.
Annales of the Senate: March 22, 2007.