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6 DECEMBER 2005. - Act respecting the establishment and financing of road safety action plans

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER I^er. - Introductory provision
Article 1^er. This Act regulates a matter referred to in section 78 of the Constitution.
CHAPTER II. - Establishment and funding
road safety action plans
Art. 2. Revenues from the criminal fines in road traffic, amounts whose payment eventually extinguishes public action, as provided for in the Coordinated Act of 16 March 1968 on the police of road traffic and amounts as described in section 216bis of the Code of Criminal Investigation are, in accordance with the provisions of this Act, attributed in part to local police areas and to the federal police.
Art. 3. § 1^er. To claim the amounts awarded the local police zones and the federal police must draft a road safety action plan approved by the Minister of the Interior and the Minister of Mobility.
§ 2. The action plan must meet the following conditions:
1° it refers to at least one of the road safety themes fixed by the King;
2° it provides for an analysis of road safety problems on roads that are within the jurisdiction of either the police area concerned or the federal police, as well as an inventory of existing activities in the area of criminal road safety policy on the roads concerned;
3° it identifies priorities for road safety information, awareness, prevention and control actions;
4° the action plan for local police zones must be included in the objectives of the zonal security plan and the federal police action plan must be included in the objectives of the national security plan.
§ 3. Local police areas and the federal police designate a coordinator who will monitor and effectively implement the objectives of the action plan.
§ 4. The local police areas and the federal police prepare an evaluation report that includes the distribution of the workforce and the means assigned to the various actions implemented under the action plan.
The evaluation report highlights road safety efforts and includes the results of the actions carried out under the action plan.
The evaluation report is appended to the draft action plan that is tabled the following year.
§ 5. Only areas of police that have actually undertaken the control, information and prevention actions that have been taken in the evaluation action plan can claim approval of a new plan. The same rule applies to the federal police.
Art. 4. The procedure for preparing and approving the road safety action plans of the local police zones is similar to the procedure for the preparation and approval of the zonal security plans, referred to in Article 37 of the Law of 7 December 1998 organizing an integrated, two-tiered police service, except for the reference to the Minister of Justice, which must, in this case, be replaced by the Minister of Mobility.
Local police areas and the federal police forward their road safety action plans to the Ministers of the Interior and Mobility for approval at the same time as the assessment report and in the same time as the zonal safety plan, or with respect to the federal police the national security plan, no later than 1^er April, under pain of inadmissibility.
When the zonal or national security plan is identical to the plan of the previous year, this zonal or national security plan must not be transmitted again.
The Ministers of the Interior and Mobility decide on the road safety action plan within two months of receiving the action plan. After this period, their approval is deemed to have been granted.
If Ministers of Interior and Mobility do not approve the plan, a new version is submitted to them. In this case, the approval deadline is reduced to one month.
The Ministers of the Interior and Mobility together decide on the approval or refusal of road safety action plans. This decision is forwarded to the Ministers of Finance and Budget to proceed with the liquidation of funds for the benefit of local police and federal police.
Art. 5. § 1^er. The federal and local police share is calculated as follows:
1° The total of revenues referred to in Article 2 is reduced by the amount of these revenues in 2002, on the understanding that the King may determine, by order deliberately in the Council of Ministers, a maximum and/or minimum amount for that difference.
The amount of these revenues in 2002 is related to the Consumer Price Index, which was reached on December 31, 2002 and is adapted on December 1, 2002^er January of each year to the size of the Consumer Price Index reached December 31 of the previous year.
2° The amount in question in 1° is then withdrawn:
- the amount determined by the King by deliberate order in the Council of Ministers, which is granted to the Federal Public Service for Mobility and Transport for administrative monitoring and control of action plans;
- the amount determined by the King by deliberate decree in the Council of Ministers, which is granted to the Federal Interior Public Service for administrative monitoring and control of action plans;
- the amount fixed by the King by order deliberately in the Council of Ministers, which is reserved for road safety control services that depend on the Federal Public Services Finance and Mobility and Transport. This amount can only be allocated and used for the purchase of equipment in the context of joint purchases organized by the federal police and in support of road safety policy;
- the amount allocated to the Federal Public Service Justice and equal to a specified percentage of the amount referred to in 1°. The percentage figure that is applied to this amount is equal to the percentage of the allocated share that is assigned to the federal police.
§ 2. The amount allocated to the Federal Public Service Justice is paid in the security fund in addition to the reserved envelope for alternative legal measures in order to finance the execution of alternative measures or penalties, including the improvement of road safety.
The Minister of Justice prepares an annual report to the Minister of Mobility on the execution of road safety projects financed by this amount.
§ 3. The Ministers of the Interior and Mobility set by order deliberately in the Council of Ministers, the amount that is reserved for joint purchases in support of road safety policy.
Prerequisitely, they request the advice of the federal police and the Standing Committee of the Local Police referred to in section 91 of the Act of 7 December 1998 organizing an integrated, two-tiered police service on common procurement needs.
Common purchases must be intended to increase road safety and are attributed to the federal police and local police areas that have registered for these joint purchases.
The King may, by order deliberately in the Council of Ministers, limit the amount reserved for common procurement to a specified maximum amount.
Art. 6. The Minister of Finance and the Minister of Budget communicate annually, no later than 1^er February, to the Ministers of the Interior and Mobility the total amount of revenues referred to in section 2, decreased in the amount of those revenues in 2002.
Within eight days of this communication, the Minister of the Interior and the Minister of Mobility publish to the Belgian Monitor the following:
1° the share attributed to local police zones and the federal police, in accordance with Article 5 § 1^er;
2° the maximum amounts to which each local police area and the federal police may be claimed;
3° the amount that is spent on joint purchases in support of road safety policy.
The Minister of the Interior and the Minister of Mobility communicate annually to the Minister of Justice, at the latest on the day of publication to the Belgian Monitor of the amounts set out in the preceding paragraph, the amount that is awarded for the execution of alternative measures or penalties, including the improvement of road safety.
Art. 7. § 1^er. The maximum amounts to which local police zones can be claimed and the federal police are determined by application of a distribution key on the amount of the assigned share referred to in Article 5, § 1^er.
The King sets the key to the distribution, by a deliberate decree in the Council of Ministers, on the basis of the following three criteria:
1° categorization of local police and federal police zones into five groups based on the organic police framework;
2° the decrease in the number of traffic victims on the roads and/or traffic accidents in which the injured or the dead are responsible for the local police area or the federal police;
3° the number of kilometres of roads for which the local police area or the federal police are competent.
§ 2. The amount allocated to the federal police is paid in the " Third Party Benefit" fund, and may not exceed 5% of the amount allocated under Article 5, § 1^er.
Art. 8. § 1^er. The liquidation of the sums shall be carried out in two times A first instalment of the amount awarded is paid no later than 1^er July. A second instalment of the amount awarded is paid in the month of January of the following year.
§ 2 The amounts not awarded shall be added to the balance referred to in Article 5, § 1^er, next year.
CHAPTER III. - Amendments and abrogations
Art. 9. In section 17 of the table annexed to the Organic Law of 27 December 1990 creating budgetary funds, as amended by the Act of 27 December 2004, the following amendments are made:
1° The "Nature of affected revenue" section is replaced by the following:
« Nature of affected revenues
Except for those referred to in sections 17-2 and 17-3 of this table,
(a) benefits, contributions, revenues, payments or positive balance referred to in section 115 of the Act of 7 December 1998 organizing an Integrated Police Service, structured at two levels;
(b) payments made pursuant to the Act of 6 December 2005 on the establishment and financing of road safety action plans";
2° Under the heading "Nature of Authorized Expenditures", the words "including, with a particular follow-up, expenses related to the execution of road safety action plans referred to in the Act of 6 December 2005 relating to the establishment and financing of road safety action plans but" are inserted between the months "and investment", and "with the exception of".
Art. 10. Section 41, paragraph 3, of the Act of 7 December 1998 organizing an Integrated Police Service, structured at two levels, is repealed.
Art. 11. Chapter VI of Part V of the Act of 16 March 1968 on the Police of Road Traffic, inserted in the Act of 7 February 2003 on various provisions concerning road safety, is repealed.
CHAPTER IV. - Transitional provisions
Art. 12. In derogation from Article 6, the communication referred to in Article 6, 2nd paragraph shall be made for the year 2005 no later than ten days after the publication of this Act to the Belgian Monitor.
Derogation from Article 4, 2^e paragraph, local police zones and the federal police must forward their action plan for the year 2005 no later than 10 days after the publication of this Act to the Belgian Monitor.
In derogation from Article 4, 4^e paragraph, the Ministers of Interior and Mobility shall decide for the year 2005 within four months of receiving the action plan After this period, their approval is deemed to have been granted.
In derogation from section 8, a first tranche, for the year 2005, is disbursed from the approval of road safety action plans.
CHAPTER V. - Entry into force
Art. 13. This Act produces its effects on 1^er January 2005.
Promulgate this law, order that it be re-elected from the state seal and published by the Belgian Monitor.
Given in Brussels on 6 December 2005.
ALBERT
By the King:
The Minister of Justice,
Ms. L. ONKELINX
Minister of Finance,
D. REYNDERS
The Minister of Budget,
Ms. F. VAN DEN BOSSCHE
The Minister of Interior,
P. DEWAEL
Minister of Mobility,
R. LANDUYT
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX