11 JULY 2006. - Act containing the first adjustment of the 2006 Budget General Estimates (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
CHAPTER 1^er. - General provisions
Article 1-01-1
This Act regulates a matter referred to in Article 74, 3° of the Constitution.
Art. 1-01-2
The General Estimates for the 2006 Budget Year are adjusted:
1° with respect to the appropriations provided for the Dots, in accordance with the table annexed to this Act;
2° in respect of credits by program, in accordance with the totals of the adjusted programmes in the departmental tables annexed to this Act.
CHAPTER 2. - Special provisions of departments
Section 04. - Personal SPF and Organization
Art. 2.04.1
The text of section 2.04.2 - PROGRAMME 31/1 - STAFF AND ORGANIZATION - of the Act of 20 December 2005 containing the General Estimates for the 2006 Budget Year is replaced by the following text:
Grants related to the promotion or study of the public service in general, the improvement of the staff culture, the policy of equal opportunities and diversity within the federal state.
Art. 2.04.2
By derogation from Article 15 of the State Accounting Laws, coordinated on 17 July 1991, the basic allowances 04.31.10.1111, 04.31.10.1112 and 04.31.20.1111 may be redistributed between them.
Section 12. - SPF Justice
Art. 2.12.1
The costs of judicial officers pre-funded by the National Chamber of the Huissiers of Justice and related to the acts of the previous years may be charged to the basic allowance 4.1.1232 of Organic Division 40 - Central Administration.
Section 13. - Inside SPF
Art. 2.13.1
The text of section 2.13.2 of the Act of 20 December 2005 containing the General Estimates for the 2006 Budget Year is supplemented as follows:
PROGRAMME 51/9 - POPULATION AND ELECTIONS
Subsides as part of the development of applications for the electronic identity card.
Section 14. - SPF Foreign Affairs, Foreign Trade and Development Cooperation
Art. 2.14.1
Section 2.14.3 of the Act of 20 December 2005 containing the General Estimates for the 2006 Budget Year is replaced by the following provision:
Some expenses made outside the framework of the Royal Decree of 19 November 1996 relating to emergency assistance and short-term rehabilitation in favour of developing countries may be charged on the basic allocation 14.53.41.35.80 of programme 53/4. These are the following expenses:
-the funding of studies related to disaster prevention and preparedness, with broad emergency assistance, short-term rehabilitation both material and psychological;
- training of nationals from low-income countries, specifically related to the issue of humanitarian assistance and provided by specialized international organizations such as the Office of the High Commissioner for Refugees (UNHCR) and the International Committee of the Red Cross (ICRC);
- costs related to the provision of personnel and the provision of goods and services where such expenditures are an essential element of actions deemed necessary to meet the priority needs of affected populations.
Art. 2.14.3
Revenue transactions for order made as part of the parcel and mail shipment through the FPS Foreign Affairs, Foreign Trade and Development Cooperation are carried out using Account 86.01.01.95 C of the "Treasury Order Operations" section.
They may be used to cover similar expenses.
Art. 2.14.4
Order-of-charge revenue transactions conducted under the management of the nursery established within the FPS Foreign Affairs, Foreign Trade and Development Cooperation are carried out using Account 87.05.07.25 C of the "Treasury Operations" section.
They can be used to cover all the management costs of this nursery.
Art. 2.14.5
The proceeds of receipts for order carried out in the management of consular activities and the rights of chancery are carried out through accounts 87.05.04.22 C and 87.05.06.24 C of the section "Treasury operations".
They may be used to cover all management costs arising from these activities.
Art. 2.14.6
Revenue and order transactions, carried out under the agreements relating to delegated cooperation, will be carried out using Account 83.05.12.91 B of the "Treasury Order Operations" section.
The execution modalities will be included in the agreements with the various partners.
The transactions are subject to the preliminary opinion of the Inspector of Finance, in accordance with the provisions of articles 14 and 15 of the Royal Decree of 16 November 1994 on administrative and budgetary control, as well as to the visa of the Court of Accounts within the meaning of article 14 of the Act of 29 October 1846 on the Court of Accounts.
Art. 2.14.7
In section 2.14.16 of the Act of 20 December 2005 containing the General Estimates for the 2006 fiscal year, it is necessary to read "General Terms of Reference" instead of "Special Terms of Reference".
Art. 2.14.8
By derogation from Article 1-01-03, § 2, of the Act of 20 December 2005 containing the General Estimates for the 2006 Budget, Basic Allowances 11.13, 11.14 and 11.15 and Basic Allowances 21.01.11.03 and 21.01.11.04 of Section 14 may be redistributed only between them.
Section 16. - Ministry of Defence
Art. 2.16.1
The text of section 2.16.6 of the Act of 20 December 2005 containing the General Estimates for the 2006 Budget Year is amended as follows:
In the fourth paragraph the words "rations" are inserted between the words "supply spare parts" and the words "maintenance or maintenance".
Art. 2.16.2
The text of special provisions 2.16.10 of the Act of 20 December 2005 containing the General Estimates for the 2006 Budget Year is amended as follows:
Add three points:
12. The Flame Committee.
13. The National Breendonck Rescapés Association.
14. The Monument Committee of King Albert to the Yser.
Art. 2.16.3
By derogation from Article 57 of the Laws on State Accounting, coordinated on July 17, 1991, the CSCO is exempted from the reimbursement to the Treasury of any surplus of subsidies from the FAOR.
Art. 2.16.4
Paragraph 3 of section 1-01-3 of the Act of 20 December 2005 containing the General Estimates for the 2006 Budget Year is not applicable to the Department of National Defence.
Section 17. - Federal police and integrated operation
Art. 2.17.1
In section 2.17.9 of the Act of 20 December 2005 containing the General Estimates for the fiscal year 2006, the words "14,532,400 euros" and "5,531,400 euros" are replaced by the words "17,563,500 euros" and " 4.108,500 euros".
Art. 2.17.2
By derogation from Article 115, § 10, paragraph 6, 2°, of the law of 7 December 1998 organizing an integrated police service, structured at two levels, inserted by the programme law of 27 December 2004, when amounts are to be retained, within the framework of the implementation of the intervention body, on the allocations to the police zones, the appropriations thus reserved may be, by derogation from Article 45, § 1^er, laws on State accounting, coordinated on July 17, 1991, transferred from the basic allowances "endowments" of programme 17-90-1 to the Budget of the Ways and Means with for destination the budgetary fund 17-1.
Section 18. - SPF Finance
Art. 2.18.1
In section 2.18.7 of the Act of 20 December 2005 containing the general budget of expenditure for the fiscal year 2006 the amount of "10.000.000 euros" is replaced by the amount of "20.000.000 euros".
Art. 2.18.2
By derogation from Articles 3 and 28 of the laws on the accounting of the coordinated State on 17 July 1991, the Minister of Finance is authorized to use, if any in advances, revenues from Operation SICAFI 2006, up to a maximum of 4.250.000 euros, in order to cover expenses for all external services services, with the exception of external services relating to real property, resulting from the execution of this operation.
Section 19. - Regulation of buildings
Art. 2.19.1
The adjusted Buildings Board budget for the 2006 fiscal year is approved.
This budget is for revenues to 881.493.565 euros and for expenditures to 942.101.860 euros, of which 60.608.295 euros to defer previous fiscal years. It includes, in expenditure, commitment credits for an amount of 420.202.152 euros.
Revenues and expenses for order are estimated at 38.130,000 euros.
Art. 2.19.2
In section 2.19.2 of the Act of 20 December 2005 containing the general budget of expenditure for the fiscal year 2006, the amount of 135.868.057 euros is replaced by 190.981.360 euros.
In addition, the table is replaced by the following table:
For the consultation of the table, see image
Art. 2.19.3
The Régie des buildings is authorized to borrow from the financial market for a maximum of 6 million euros, for the renovation of the roof of the Palais des Beaux-Arts in Brussels.
Section 21. - Pensions
Art. 2.21.1
Cash account no. 87.09.76.09 B - "FPS Finance - Treasury - SCDF - Pensions and other benefits - Public Sector Pension Service (PSPS)" - on which are charged from 1^er January 2006 the pension and survival expenses that are managed by the Public Sector Pensions Service, may present a debtor balance of up to 20% of the expenditures on the legal missions of that Service.
Art. 2.21.2
Cash order account no.87.09.75.08 B - "FPS Finance - Treasury - SCDF - Salaries and other fixed expenses for public sector pension service staff (PSPSS)" - on which are charged from 1^er January 2006 the salaries of staff appointed on a final and contractual basis by the Public Sector Pension Service may be charged up to 20% of the management costs of that Service.
Art. 2.21.3
The Public Sector Pension Service is exempted for the fiscal year 2006, from the payment of higher employers' contributions (parastatals) for those transferred from the Pension Administration.
Art. 2.21.4
The adjusted Public Sector Pensions budget for 2006, annexed to this Act, is approved.
This budget is for revenues of 8.856.383.000 euros, of which 8.825.097.000 euros for revenues relating to legal missions and 31.286.000 euros for revenues of service management. It amounts to expenditures of 8.856.383.000 euros, of which 8.825.097.000 euros for expenses relating to legal missions and 31.286.000 euros for expenses relating to the management of the service.
Section 23. - SPF Employment, Labour and Social Concertation
Art. 2.23.1
In section 2.23.3 of the Act of 20 December 2005 containing the General Estimates for the 2006 Budget Year, the following is added:
- in PROGRAMME 40/2 - ETUDES:
Subsides to the OECD for participation in the study "Integration of immigrants in the labour market".
Art. 2.23.2
By derogation from Article 45 of the laws on State accounting, coordinated on 17 July 1991, the organic fund "Belgian European Social Fund" is authorized to present in order a debiting position, which cannot exceed the amount of 10,217,000 euros.
Section 25. - SPF Public Health, Food Chain Safety and Environment
Art. 2.25.1
In section 2.25.4 of the Act of 20 December 2005 containing the General Estimates for the 2006 Budget Year, the following references are added:
- in PROGRAMME 55/0 - SUBSISTANCE PROGRAMME:
Operating and investment subsidies - for ecological projects - to companies (public and private companies) and non-profit associations.
- in PROGRAMME 55/1- INTERNATIONAL ENVIRONMENTAL COORDINATION:
Operating and investment subsidies for ecological projects;
- in PROGRAMME 55/2 - CLIMATIC CHANGEMENTS (KYOTO):
Operating and investment grants for green projects, energy-saving projects and renewable energy projects;
- in the PROGRAMME 55/3 - PRODUCE STANDARDS:
Subsidies to associations/organizations related to awareness campaigns, information days and awareness-raising activities in relation to energy-saving products.
Art. 2.25.2
In section 2.25.6 of the Act, the amount of 176,729,829 euros for revenues is replaced by the amount of 177.240.564 euros, and the amount of 178,370,829 euros for expenses is replaced by the amount of 180,431,682 euros.
Section 32. - SPF Economy, P.M.E.,
Average classes and Energy
Art. 2.32.1
Section 2.32.1 of the Act of 20 December 2005 containing the general budget for the 2006 fiscal year is replaced by the following provision:
§ 1^er. By derogation from section 15 of the Act of 29 October 1846 on the organization of the Court of Auditors, advances of funds may be made:
- for a maximum of 3.000.000 euros to the Department's extraordinary accountants;
- for a maximum of €1,000,000 to the extraordinary accountant of the National Botanical Garden of Belgium.
The extraordinary accountant of the Department responsible for payment of advances on foreign mission charges is authorized to make the necessary advances to officials sent on mission abroad, even if these advances are greater than 5,500 euros.
Advances of funds may be made to the relevant extraordinary accountants, designated as part of Belgium's participation in international exhibitions, up to the level of the budgetary allocations provided for this purpose and up to the level of the variable credits available for this purpose on the Fund for the Organization of International Exhibitions.
§ 2. Under the control of the Minister or his representative, subject to further justification by the Department and within the limits of budgetary appropriations, advances may be made available to the Treasures, designated by the Minister, to the International Exhibitions for the execution of expenditures.
Dependant payments of funds available on the variable credits of program 43/4 (International Exhibition Organization Fund) may be made, regardless of the amount, in advance of funds.
The potential balance of these advances as at December 31, 2005 may be used for 2006 expenditures.
Art. 2.32.2
The Debt Control Fund can present a maximum debt balance of 5 million euros.
Art. 2.32.3
Section 2.32.3 of the Act of 20 December 2005 containing the General Estimates for the 2006 Budget Year is replaced by the following provision:
The budget of the Federal Office of the Plan for 2006 annexed to this Act is approved.
This budget is for revenues to 9.611.190 euros and for expenditures to 9.611.190 euros.
Art. 2.32.4
In Article 2.32.4, PROGRAMME 49/3. - SUBVENTIONS A DES ORGANISMES EXTERNES, of the Act of 20 December 2005 containing the general budget of expenditures for the 2006 fiscal year a point 3) is added:
3) Subside to Prosafe (Best practice market surveillance).
Section 33. - SPF Mobility and Transport
Art. 2.33.1
The text of section 2.33.2 of the Act of 20 December 2005 containing the General Estimates for the 2006 Budget Year is replaced by the following text:
By derogation from the provisions of Articles 5 and 34 of the coordinated laws on State accounting, may be used for the payment of expenses created in previous fiscal years, the following undivided credits relating to:
1) the fees of lawyers and doctors;
(2) civil, administrative and criminal matters;
3) to tokens of presence, travel and residence of persons outside the State Public Services;
(4) compensation for foreign experts to the FPS and third party benefits;
5) the various allowances to third parties due to the commitment of the State's responsibility to acts committed by its organs and personnel;
(6) the remuneration of members of the Minister's Strategic Organs and, in particular, the reimbursement of salaries to government and institutions of origin;
(7) to the staff costs of the SNCB under the authority of the General Directorate of Land Transport;
8) at the operational costs of the Directorate General Road Mobility and Safety Service responsible for the application of the regulations on the driver's licence and the reimbursement to municipalities of costs related to the issuance of permits;
9) the participation of Belgium in the operating costs of the International Civil Aviation Organization and the European Commission for Civil Aviation;
10) the contribution of Belgium to the Intergovernmental Maritime Organization;
11) the participation of Belgium resulting from the organization of a patrol service for the observation of icebergs in the North Atlantic Ocean;
12) to the share of Belgium in the expenses of the Central Office of International Rail Transport in Bern;
13) the reimbursement of the treatment of former gtr personnel delivered to work.
Art. 2.33.2
Fees related to the support of the transaction between LAC shareholders can be offset on revenues from the sale of shares.
Section 44. - SPP Social integration, fight against poverty and social economy
Art. 2.44.1
In section 2.44.7 of the Act of 20 December 2005 containing the general budget of expenses for the fiscal year 2006, the amount of 243.478.030 euros for revenues and expenses is replaced by the amount of 239.912.370 euros.
Art. 2.44.2
By derogation from Article 45 of the Acts on State Accounting, coordinated on 17 July 1991, the organic fund "Social Economy Fund" is authorized to present in order a debiting position which cannot exceed the amount of 10,543,000 euros.
CHAPTER 3. - Restitution and allocation funds
Art. 3-01-1
The transactions carried out on the restitution and allocation funds during the 2006 fiscal year are reassessed in accordance with the table annexed to this Act.
CHAPTER 4. - Separate Management State Services
Art. 4-01-1
The budgets of the Separate Management State Services for the 2006 fiscal year are adjusted in accordance with the tables annexed to this Act.
CHAPTER 5. - State enterprises
Art. 5-01-1
The budget for the 2006 fiscal year of the state enterprise "La Monnaie Royale de Belgique", is re-estimated to the sums mentioned in the table annexed to this Act.
CHAPTER 6. - Public bodies
Art. 6-01-1
The budgets of the public interest agencies of category A of the 2006 fiscal year are adjusted in accordance with the tables annexed to this Act.
CHAPTER 7. - Final provision
Art. 7-01-1
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.
Donné à Bruxelles, le 11 juillet 2006.
ALBERT
By the King:
The Prime Minister,
G. VERHOFSTADT
Minister of Finance,
D. REYNDERS
The Minister of Budget,
Ms. F. VAN DEN BOSSCHE
____
Note
(1) Parliamentary references:
Doc. 51-2450 (2005-2006).
001: Bill. Part I
002: Bill. Part II
003 and 004: Amendments
005: Report
006: Text adopted
Annales parliamentarians.
Discussion and adoption.
Session of June 22, 2006.
For the consultation of the table, see image