3 JULY 2005. - An Act to amend certain aspects of the status of police personnel and other provisions relating to police services (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER I^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER II. - Amendment of the Act of 2 December 1957
on the gendarmerie
Art. 2. Article 11, § 2, paragraph 4, of the Act of 2 December 1957 on gendarmerie, which was maintained in force by the Act of 7 December 1998, is replaced by the following paragraph:
"By derogation from Article 1^er, § 2, paragraph 3, of the Act of 27 December 1973 relating to the status of the personnel of the operational corps of the gendarmerie, the police officers of the special police services who pass to the operational corps of the gendarmerie and who, prior to the transfer, had the status of administrative police officer, judicial police officer or judicial police officer, auxiliary of the Crown prosecutor, retained that quality, regardless of the grade in which they are inserted. »
CHAPTER III. - Amendments to the Act of 7 December 1998
organizing an integrated police service,
structured at two levels
Art. 3. Article 53, paragraph 1^erthe Act of 7 December 1998 establishing an integrated, two-tiered police service is replaced by the following paragraphs:
"The superior officers of the local police shall be appointed by the King, in accordance with the Royal Decree taken pursuant to section 121, on a motivated presentation by the municipal or police council, among the candidates deemed fit by a selection commission.
With respect to senior officers in the local police research services, the appointment referred to in paragraph 1^er takes place after a reasoned opinion from the Attorney General near the Court of Appeal. The appointment of other senior officers within the local police force is preceded by the communication to the Attorney General near the Court of Appeal of the list of candidates for employment to be filled. »
Art. 4. Section 54 of the Act is replaced by the following provision:
“Art. 54. - Local police officers who are not covered by section 53 are appointed by the municipal or police council, among candidates deemed fit by a selection board.
With respect to officers in the local police research services, the appointment referred to in paragraph 1^er takes place after a reasoned opinion from the Attorney General near the Court of Appeal. The appointment of other officers within the local police force is preceded by the communication to the Attorney General near the Court of Appeal of the list of candidates for employment to be filled. »
Art. 5. Article 142sexies, paragraph 1^er, from the same law, inserted by the law of May 31, 2001, the words ", unless it is terminated in an early, voluntary or not manner" are inserted between the words "final examination. and the words "Aspirants".
Art. 6. Section 252, paragraph 3, of the Act, as amended by the Act of 26 April 2002, is replaced by the following paragraph:
"By derogation from section 138, police officers who pass to the operational framework of the local police and who, prior to the coming into force of this Act, had the status of an administrative police officer, a judicial police officer or a judicial police officer, an auxiliary to the King's prosecutor, shall maintain that quality, regardless of the grade in which they are placed. »
Art. 7. Section 253, paragraph 3, of the Act, is replaced by the following paragraph:
"By derogation from section 138, police officers who pass to the operational framework of the federal police and who, prior to the coming into force of this Act, had the status of administrative police officer, judicial police officer or judicial police officer, an auxiliary of the King's Prosecutor shall retain that quality, regardless of the grade in which they are placed. »
CHAPTER IV. - Amendments to Part XII of the Royal Decree of 30 March 2001 concerning the legal position of police personnel ("PJPol"), confirmed by the Program Law of 30 December 2001
Section I^re. - Amendments to Part XII, Part II PJPol
Art. 8. Section XII.II.20 PJPol is supplemented by the following paragraph:
"The current staff members referred to in items 3.9bis, 3.9ter and 3.9quater of Table C, third column, of Schedule 11 are as an administrative police officer. »
Art. 9. Section XII.II.28 PJPol is supplemented by the following paragraph:
"Without prejudice to paragraph 1^er, staff members who, on the date of the entry into force of this Order, fall under the scope of section XII.II.26 and who did not receive, prior to that date of entry into force, an additional childcare allowance referred to in paragraph 2, may elect to increase their reference amount by 32,433 BEF (804.25 euros). No multiplication factor is applied to this amount. This option is made according to the rules defined in Article XII.XI.17, § 2, paragraph 3, 5°. »
Art. 10. In Tables B and C of Schedule 11 PJPol, the following amendments are made:
1° in Table B, items 3.5, 3.8 and 3.9 are deleted;
2° in Table C, first column, the words "1.1. Aspiring commissioned chief police inspector" are replaced by the words "1.1. Aspirant commissioned chief police inspector/Aspirant commissioned chief police inspector with speciality/ Aspiring chief police inspector with speciality of commissioned police assistant*";
3° in Table C, first column, the words " 1.2. Senior Police Inspector" are replaced by the words " 1.2. Senior Police Inspector/Principal Police Inspector with Specialty/ Principal Police Inspector with Police Assistant Specialty **
4° in Table C, third column, insert items 3.9bis, 3.9ter and 3.9quater, as follows:
"3.9bis. - Sub-head of a gendarmerie airfield
3.9ter. - First gendarmerie airfield sub-head
3.9quater. - Senior Gendarmerie Airfield Assistant »;
5° in table C, fourth column, are inserted three rows, as follows, with reference to points 3.9bis, 3.9ter and 3.9quater respectively:
« 20/a : 555 248 - 939 663⁸ 21/a: 653 095 - 1 026 030⁸
679 190 - 1 052 125⁸
796 888 - 1 200 281⁸ »;
6° Table C is completed as follows:
" * the grade of "aspirant chief police inspector with speciality of commissioned police assistant" is conferred on the personnel referred to in point 3.2 and the grade of "aspirant chief police inspector with speciality commissioned" is conferred on the personnel referred to in points 3.3 to 3.6;
** the grade of "Main Police Inspector with Police Assistant Specialty" is conferred on staff members referred to in 3.19 and 3.20 and the grade of "Main Police Inspector with Specialty" is conferred on staff members referred to in 3.21, 3.23 and 3.29. »
Art. 11. In Table D1 of Schedule 11 PJPol, the following modifications are made:
1° in the first column is inserted a point 1.3., as follows:
" 1.3. First Class Police Commissioner";
2° to the second column on the left side, are inserted, with reference to point 1.3., six lines, as follows:
"O2 (960 000-1 430 000)
O2ir (1 075 200-1 601 600)
O3 (1 000 000-1 600 000)
O3ir (1,120,000-1,792,000)
O4 (1 110,000-1 773 000)
O4ir (1 176 600-1 879 380) »;
3° to the second column on the right side, are inserted, under item 1.3., two lines, as follows:
"O4bis (1 240 000-1 942 000) O4bisir (1 314 400-2 058 520)";
4° to the third column is inserted, under item 1.3., a point 3.26., as follows:
“3.26. Divisional Judicial Commissioner/Divisional Commissioner/Divisional Commissioner of the Telecommunications Service";
5° to the fourth column is inserted, under item 1.3., a line, as follows:
« 1C : 1 226 247 - 1 753 613¹³ "
Section 2. - Amendments to Part XII, Part IV PJPol
Art. 12. In Article XII.IV.2 PJPol, the word "current" is deleted and the word "five" is replaced by the word "8".
Art. 13. An article XII.IV.6, as follows, is inserted in the PJPol:
"Art. XII.IV.6. § 1^er. The basic training of the average framework, including related examinations and training courses, is fully provided to the core staff:
1° who hold the municipal police officer's patent referred to in the Royal Decree of April 12, 1965 relating to the patent of candidate Commissioner and Deputy Commissioner of Police or section 1^erParagraph 1^erof the Royal Decree of 25 June 1991 on the general provisions relating to the formation of officers of the municipal police, the conditions of appointment to the ranks of officers of the municipal police and the conditions of recruitment and appointment to the rank of aspirant officer of the municipal police or the patent of a superior officer referred to in article 28, § 1^erof the Royal Decree of 1^er April 1996 concerning the advancement of the rank of gendarmerie officer;
2° who hold the patent of a police inspector referred to in the Royal Decree of 13 July 1989 relating to the training and promotion of the ranks of inspector and chief police inspector as well as the patent of a judicial police officer, auxiliary of the Crown Prosecutor, referred to in Article 1^er of the Royal Decree of 13 July 1989 concerning the patent of judicial police officer, auxiliary of the King's prosecutor, granted to certain members of the municipal police.
§ 2. The basic training of the officer framework, including related examinations and training courses, is fully provided
1° the members of the middle-level staff holding the municipal police officer patent referred to in the Royal Decree of April 12, 1965 relating to the patent of candidate Commissioner and Deputy Commissioner of Police or section 1^erParagraph 1^erof the Royal Decree of 25 June 1991 on the general provisions relating to the formation of officers of the municipal police, the conditions of appointment to the ranks of officers of the municipal police and the conditions of recruitment and appointment to the rank of aspirant officer of the municipal police or the patent of a superior officer referred to in article 28, § 1^erof the Royal Decree of 1^er April 1996 concerning the advancement of the rank of gendarmerie officer;
2° ex-divisional inspectors who benefit from the M5.2 treatment scale;
3° staff members who benefit from the M6 scale;
4° staff members who benefit from the M7 or M7bis treatment scale.
§ 3. The personnel referred to in § 2 shall be exempted from the framework test referred to in section 41 of the Act of 26 April 2002 on the essential elements of the status of police personnel and bearing various other provisions relating to police services.
§ 4. The exemption referred to in § 2, 3°, is from 1^er April 2004 and the one referred to in § 3 from 1^er April 2006. »
Art. 14. An article XII.IV.7, as follows, is inserted in the PJPol:
"Art. XII.IV.7. - Staff members of the basic framework who, on the date of the creation of a local police force, are appointed to a position within a local police investigation and research service, obtain, at their request, for the duration of their appointment and provided that they are trained in it, the quality of a judicial police officer, auxiliary to the King's Prosecutor. »
Section 3. - Amendments to Part XII, Part VI PJPol
Art. 15. An article XII.VI.6bis, as follows, is inserted in the PJPol:
"Art. XII.VI.6bis. - Staff members referred to in Article XII.IV.6, § 1^er, may, without conditions of presence in current employment, by mobility, compete for jobs open to chief police inspectors, taking appointment to this rank, if they are designated to such employment by mobility.
The King may determine the terms and conditions of mobility referred to in paragraph 1^er. »
Art. 16. In Article XII.VI.8 PJPol, the words "in M6 treatment scales" are replaced by the words "in M5.2, M6, treatment scales".
Art. 17. An article XII.VI.8bis, as follows, is inserted in the PJPol:
"Art. XII.VI.8bis. - Staff members referred to in Article XII.IV.6, § 2, and staff members of the average framework who, already before 1^er April 2001, had the status of judicial police officer, auxiliary of the King's prosecutor and administrative police officer, as well as the members of the basic personnel, holders of the municipal police officer's patent referred to in the Royal Decree of 12 April 1965 relating to the patent of candidate Commissioner and Deputy Commissioner of Police or section 1^erParagraph 1^er, of the royal decree of 25 June 1991 relating to the general provisions relating to the formation of officers of the municipal police, to the conditions of appointment to the ranks of officers of the communal police and to the conditions of recruitment and appointment to the rank of aspirant officer of the municipal police, that they have a seniority of framework of twelve years, that they are holders of a degree or certificate at least equivalent to those taken
Staff members referred to in paragraph 1^er obtain, on the date of their appointment to the rank of Commissioner of Police, the O2 salary scale.
The King may determine the terms and conditions of mobility referred to in paragraph 1^er. »
Art. 18. An article XII.VI.9bis, as follows, is inserted in the PJPol:
"Art. XII.VI.9bis. - The current staff members listed in Table D1, third column, item 3.26 of Schedule 11, may compete for jobs open to Divisional Commissioners of Police. »
Section 4. - Amendments to Part XII, Part VII PJPol
Art. 19. An article XII.VII.11bis, as follows, is inserted in the PJPol:
"Art. XII.VII.11bis. - A baremic career for the passage between the M5.2 scale of treatment and the M7bis scale of treatment after eighteen years of executive seniority in the medium framework is established for current staff members who, pursuant to Article XII.II.21, paragraph 3, are inserted in the M5.2 scale of treatment and who are holders of the patent for promotion to the 2D scale of appeal referred to in Article 1965^erParagraph 1^erof the Royal Decree of 25 June 1991 on the general provisions relating to the formation of officers of the municipal police, the conditions of appointment to the ranks of officers of the municipal police and the conditions of recruitment and appointment to the rank of aspirant-commissioned officer of the municipal police, or the patent of a senior officer referred to in article 28, § 1^erof the Royal Decree of 1^er April 1996 concerning the advancement of the rank of gendarmerie officer.
This higher salary scale in the baremic career is not assigned when the current biennial operating evaluation is "sufficient." »
Art. 20. Article XII.VII.15, § 3, paragraph 1^er, 1°, a), PJPol, as follows, is inserted instead of former article XII.VII.15, § 3, paragraph 1^er, 1°, a), PJPol, annulled by Decision No. 102/2003 of 22 July 2003 of the Court of Arbitration and its Order in Correction of 14 July 2004:
"(a) the holders of the municipal police officer's patent referred to in the Royal Decree of April 12, 1965 relating to the patent as a Commissioner and Deputy Commissioner of Police or section 1^erParagraph 1^erthe Royal Decree of 25 June 1991 on the general provisions relating to the training of officers of the municipal police, the conditions of appointment to the ranks of officers of the municipal police and the conditions of recruitment and appointment to the rank of aspirant officer of the municipal police; "
Art. 21. Article XII.VII.15 PJPol is replaced as follows:
"Art. XII.VII.15. - For five years from 1^er April 2006 and by competition, a 5% quota for the promotion by accession to the medium framework is reserved for members of the basic framework, winners of this admission contest:
1° who are the holder of the Police Inspector's patent referred to in the Royal Decree of 13 July 1989 concerning the training and promotion to the ranks of inspectors and chief police inspectors;
2° that are holders of the patent of a judicial police officer, auxiliary of the Crown Prosecutor, referred to in Article 1^er of the Royal Decree of 13 July 1989 concerning the patent of judicial police officer, auxiliary of the King's prosecutor, granted to certain members of the municipal police;
3° referred to in Article 1^er, 6°, a), of the Royal Decree of 25 January 2000 on the appointment and advancement of the personnel of the Maritime Police, the Aeronautical Police and the Railway Police transferred to the gendarmerie and bearing various other statutory provisions relating to these personnel, repealed by the Royal Decree of 24 August 2001, and who are the winners of the examinations for the attainment of the rank of sub-commissioned officers
4° referred to in Article 1^er, 6°, b), of the Royal Decree of 25 January 2000 on the appointment and advancement of personnel of the Maritime Police, the Aeronautical Police and the Railway Police transferred to the gendarmerie and bearing various other statutory provisions relating to these personnel, repealed by the Royal Decree of 24 August 2001, and who are winners of the examinations for the attainment of the rank of marine police lieutenant (20E),
5° which, based on Article XII.VII.26, are commissioned in the rank of chief police inspector. »
Art. 22. An article XII.VII.15bis, as follows, is inserted in the PJPol:
"Art. XII.VII.15bis. - As part of the promotion by accession to the medium framework, members of the federal police personnel referred to in Article XII.VII.21 are exempted from the personality test referred to in Article IV.I.15, paragraph 1^er2°, and the selection maintenance referred to in Article IV.I.15, paragraph 1^erFour. »
Art. 23. An article XII.VII.15ter, as follows, is inserted in the PJPol:
"Art. XII.VII.15ter. - As part of the promotion by accession to the medium framework, the staff members commissioned in the rank of senior police inspector pursuant to Article XII.VII.26, paragraph 2, shall, for five years from the 1st^er April 2006, exempted from the personality test referred to in Article IV.I.15, paragraph 1^er2°, and the selection maintenance referred to in Article IV.I.15, paragraph 1^erFour.
Staff members, winners of the contest referred to in paragraph 1^er and having passed the possible basic training, are appointed in the rank of senior police inspector without mobility requirement. »
Art. 24. Article XII.VII.16, paragraph 1^er, PJPol is replaced by the following paragraph:
"Art. XII.VII.16. - For five years from 1^er April 2001 and by competition, a quota of 25% of the vacancies for promotion by accession to the officer framework is reserved for staff members referred to in Article XII.IV.6, § 2, winners of this admission examination. »
Art. 25. An article XII.VII.16bis, as follows, is inserted in the PJPol:
"Art. XII.VII.16bis. - As part of the promotion by accession to the officer framework, the members of the commissioned personnel in the rank of police commissioner referred to in articles XII.VII.23 and XII.VII.23bis are exempted from the framework test referred to in section 41 of the Act of 26 April 2002 relating to the essential elements of the status of the members of the police services and bearing various other provisions relating to the police services, as well as to the test 1^er2°, and the selection maintenance referred to in Article IV.I.15, paragraph 1^erFour. »
Art. 26. An article XII.VII.16ter, as follows, is inserted in the PJPol:
"Art. XII.VII.16ter. - For five years from 1^er April 2006 and by competition, a 5% quota for the promotion by accession to the officer framework is reserved for members of the staff commissioned in the rank of police commissioner referred to in articles XII.VII.24 and XII.VII.26.
Staff members referred to in paragraph 1^er are exempted from the framework test referred to in section 41 of the Act of 26 April 2002 on the essential elements of the status of police personnel and bearing various other provisions relating to police services, as well as the personality test referred to in Article IV.I.15, paragraph 1^er2°, and the selection maintenance referred to in Article IV.I.15, paragraph 1^erFour.
Staff members, winners of the contest referred to in paragraph 1^er and having passed the possible basic training, are appointed in the rank of police commissioner, O2 salary scale, without mobility requirement. "
Art. 27. An article XII.VII.16quater, as follows, is inserted in the PJPol:
"Art. XII.VII.16quater. - Staff members who, pursuant to section XII.VII.25 or XII.VII.26, are commissioned in the rank of Divisional Commissioner of Police, are appointed, without a requirement of mobility, in the rank of Divisional Commissioner of Police, if they meet the conditions set out in section 32, 1°, 3° to 5°, of the Law of 26 April 2002 on the essential elements of the status of members of the police services »
Art. 28. Article XII.VII.17, paragraphs 1^er and 2, PJPol is replaced by the following:
"By derogation from section VII.II.6 and with the exception of the staff member referred to in section XII.VII.18, the primary police inspector who, at the date of entry into force of this section, benefits from the treatment scale M5.2, M6, M7 or M7bis may be promoted to the rank of police commissioner if his evaluation is not "insufficient"
Promotions referred to in paragraph 1^er take place within the fifth year of the coming into force of this section. To this end, all staff members referred to in paragraph 1^er are divided, by body of origin and by category of the respective ranks of primary inspector of first class, alderman/leader of gendarmerie, dividing judicial inspector/divisional inspector of laboratory/divisional inspector of divisional engineering/divisional inspector of judicial identification, over seven years on annual prorated of a seventh of their total number in their class, following the order of graduate completed^er April 2005. In order to determine this order, the former gendarmerie's Chief Warrant Officers have priority over the former gendarmerie's officers and, with respect to the former judicial police near the prosecutor's offices, the Divisional Inspectors who benefit from the 2D salary range have priority over the other divisional inspectors. In the event of a job designation within the general direction of the Federal Police Judicial Police after 1^er April 2005, the above-mentioned distribution remains applicable to the staff member concerned. »
Art. 29. In section XII.VII.18 PJPol, the following amendments are made:
1° paragraphs 1^er and 2, which shall form with paragraph 3 § 1^er, are replaced by the following paragraphs:
« § 1^er. By derogation from section VII.II.6, the Principal Police Inspector, a member of the General Directorate of the Federal Police Judicial Police, who, at the date of entry into force of this section, benefits from the salary scale M5.2, M6, M7 or M7bis may be promoted to the rank of Police Commissioner, if his evaluation is not "sufficient" and provided that the proportionality referred to in § 2 is respected.
Promotions referred to in paragraph 1^er take place within the fifth year of the coming into force of this section. For this purpose, staff members referred to in paragraph 1^er are divided by original bodies and by category of the respective ranks of primary inspector of first class, alderman/adjudantchef of gendarmerie, dividing judicial inspector/divisional inspector of laboratory/divisional inspector of engineering/divisional inspector of judicial identification, over seven years on an annual prorated basis of a seventh of their total number in their class and following the descending order of their former rank in this category^er April 2005. In order to determine this order, gendarmerie chiefs have priority over gendarmerie officers and, with respect to the former judicial police near the prosecutors, divisional inspectors who benefit from the 2D salary scale have priority over the other divisional inspectors. In the event of designation to employment outside the general direction of the federal police force after 1^er April 2005, the above-mentioned distribution remains applicable to the staff member concerned. »;
2° the article is supplemented by the following paragraphs:
“§2. The proportionality referred to in § 1^erParagraph 1^er, consists of a ratio between the number of staff appointed and commissioned in an officer grade who, at 1^er April 2001 was part of the General Directorate of the Federal Police Judicial Police and originating respectively from the former judicial police near the prosecutors and the former gendarmerie.
Members of the former judicial police officers near the public prosecutors may be appointed as a police commissioner to the maximum number so determined with respect to the former judicial police near the public prosecutors and in accordance with the evolving proportional report.
The staff of the former gendarmerie may, up to the maximum number so determined with respect to the former gendarmerie and in accordance with the interim proportional report, be appointed as police commissioner and, thereafter, current staff members inserted in the medium and who belonged to the former gendarmerie may, in accordance with the terms determined by the King, be taken into consideration for the supplement.
§ 3. Staff members who cannot be promoted within seven years referred to in § 1^er, paragraph 2, because of the condition of proportionality referred to in § 2, are appointed from 2012 and until 2015 at the latest in the rank of police commissioner in the manner determined by the King, by order deliberately in the Council of Ministers. "
Art. 30. In Article XII.VII.19 PJPol, a paragraph 2 is inserted, as follows:
"People who consider this promotion will be questioned beforehand by the authority for their intention. Their written response, against acknowledgement of receipt, given after a three-month reflection, is irrevocable. A staff member who does not give an answer within the time limit is considered to be permanently denouncing this promotion opportunity. "
Art. 31. In the PJPol, an article XII.VII.23bis is inserted, as follows:
"Art. XII.VII.23bis. - Staff who complete the number referred to in Article XII.VII.18, § 2, paragraph 3, shall be commissioned in the rank of Commissioner of Police, as long as they remain members of the General Directorate of the Federal Police Judicial Police.
For the surplus, the status of personnel referred to in paragraph 1^er is fixed according to their insertion in the medium frame. "
Art. 32. Article XII.VII.25, paragraph 1^er, PJPol is replaced by the following paragraph:
"The appointing authority shall appoint staff members who, in accordance with articles XII.VI.9, XII.VI.9bis and XII.VII.27bis, are designated for a position of superior officer in the rank of Divisional Commissioner of Police for the duration of their appointment. "
Art. 33. Section 5 is included in Chapter II of Part VII of PJPol Part XII, as follows:
"SECTION 5. - Mandates
Art. XII.VII.27bis. - The current staff members referred to in table D1, third column, item 3.26. of Schedule 11, may compete for the functions assigned by warrant, as referred to in Article VII.III.3. "
Section 5. - Amendments to Part XI PJPol
Art. 34. In Article XII.XI.15, paragraph 3, PJPol, the words "XII.VI.8bis and" are inserted between the words "of the article" and the words "XII.VII.16 to XII.VII.18 including".
Art. 35. Article XII.XI.17, § 2, paragraph 3, PJPol is supplemented as follows:
"5° increased by 32,433 BEF (804.25 euros), for staff members who at the date of entry into force of this Order fall under the scope of Article XII.II.26, who did not receive the salary supplement referred to in Article XII.II.28, paragraph 2 and who opted for this consideration. In the event of an inadmissibility, this written option is sent to the GPI Social Secretariat within three months after the publication of this item 5° to the Belgian Monitor.
In the event of consideration of the above-mentioned amount, however, staff members may not, on a final and irrevocable basis, be eligible for the allowances referred to in Articles XI.III.6 and XI.III.10. "
Art. 36. In Article XII.XI.18, § 2, paragraph 1^er, PJPol, the words "XII.VI.8bis and" are inserted between the words "in application of the articles" and the words "XII.VII.16 to XII.VII.18 including," and the words "that is inserted in the transient processing scales of the medium frame or that benefits from the M4.1 or M4.2 scale", are deleted.
Art. 37. In Article XII.XI.21 PJPol the following modifications are made:
1° in § 1^erParagraph 1^er, the words "who had the status of a member of the gendarmerie corps or a communal police force" are deleted;
2° in § 1^erthe following paragraph shall be inserted between paragraph 2 and paragraph 3:
"However, for staff members who are inserted in the M1.2, respectively M3.2, M3.2, respectively M4.2 or M5.2 or M7bis, this allowance is limited to the amount calculated as follows: the treatment of a staff member who is inserted, respectively, in the M1.1, M2.1, M3.1, M4.1 or M7, scaled with the same old paragraph^er.
3° in § 2, the words "as referred to in Article XII.VII.22 and those" are deleted and the words "as referred to in Article XII.VII.22" are replaced by the words "as determined by us";
4° § 3 is supplemented by the following paragraph:
"If, however, the right of a staff member to the supplementary allowance is terminated by his designation to a job at the Under Cover Team of the Directorate of Special Units of the Federal Police, the Inspector General of the Federal Police and the Local Police, the Inter-forces Anti-Terrorism Group, the Police Service Investigation Service to the Standing Police Service Supervisory Committee or the Service of Enquiry of the Intelligence Services referred to above.^er. »
Art. 38. Article XII.XI.23, § 3, PJPol, is replaced by the following provision:
“§3. If the employee benefits from the allowance referred to in Article XI.III.12, paragraph 1^er, 5°, or is entitled to a detachment or delegation allowance or other functional allowance as a result of its designation for or detachment to the General Inspectorate of the Federal Police and the Local Police, the Inter- Force Anti-Terrorism Group, the Police Service Competence Service to the Standing Police Service Monitoring Committee or the Intelligence Service Investigation Service to the Standing Committee §^er, that which is the highest, while the right to any other is suspended during that time. »
Art. 39. In Article XII.XI.24 PJPol the following modifications are made:
1° in paragraph 1^er, 1°, in fine, the words "the federal police research school or f)," are inserted between the word "e", and the words "or in another general direction";
2° paragraph 1^er, 1°, is completed as follows:
"(f) be to the General Inspectorate of the Federal Police and the Local Police, the Inter-Forcing Anti-Terrorism Group, the Police Service Investigation Service at the Standing Police Service Monitoring Committee or the Intelligence Service Investigation Service Branch at the Standing Intelligence Review Committee. »
CHAPTER V. - Amendments to the Act of 26 April 2002 on the essential elements of the status of police personnel and other provisions relating to police services
Art. 40. The headings of Chapter II of Part II, as well as Section 1 of this chapter, of the Act of 26 April 2002 on essential elements of the status of police personnel and other provisions relating to police services, are replaced by the following headings:
CHAPTER II. - Grades and titles
“Section 1^re. - The grades and titles of the operational framework".
Art. 41. Article 3, paragraph 1^er, 2°, of the same law is replaced by the following provision:
"2° the average frame:
(a) Principal Police Inspector/Principal Police Inspector with Specialty/Chief Police Inspector with Police Assistant Specialty;
(b) aspiring Senior Police Inspector/Aspiring Senior Police Inspector with Specialty/Aspiring Senior Police Inspector with Police Assistant Specialty; "
Art. 42. An article 5bis, as follows, is inserted in the same law:
"Art. 5bis. § 1^er. Members of the core and middle frame staff use the functional title "investigator" in the performance of their duties and for the duration of their appointment to employment within the general direction of the federal police.
The appointed and commissioned police commissioners and first-class police commissioners use the functional title of "Judicial Commissioner" in the performance of their duties and for the duration of their appointment to a position within the general management of the federal police.
§ 2. By decision of the municipal or police council, staff members of the basic framework and the medium framework use the functional title "investigator" in the exercise of their functions and for the duration of their designation to a job within a local police investigation and research service. »
Art. 43. In articles 12, paragraph 1^er, and 41 of the same law, the words "Main Police Inspector" are replaced by the words "Main Police Inspector/Main Police Inspector with Specialty/Main Police Inspector with Specialty of Police Assistant".
Art. 44. An article 135bis, as follows, is inserted in the same law:
"Art. 135bis. - By derogation from section 3, the first-class police commissioners referred to in item 1.3. of Table D1 of Schedule 11 PJPol are ranked hierarchically between the police commissioners and the police divisional commissioners. »
CHAPTER VI. - Miscellaneous, abrogatory and final provisions
Art. 45. The staff of the Ministry of National Defence who are jointly appointed by the Minister of Defence and the Minister of the Interior, go to the administrative and logistical framework of the Federal Police. The staff of the Ministry of National Defence appointed jointly by the Minister of Defence and the local or police council concerned, shall move to the administrative and logistical framework of the local police area concerned.
Articles 242, paragraphs 1^er 3, or, as the case may be, 236, paragraphs 1^er 4, of the law of 7 December 1998 organizing an integrated police service, structured at two levels, and 4, § 1^er, of the Act of 27 December 2000 on various provisions relating to the legal position of police personnel, shall be applied in accordance with the personnel referred to in paragraph 1^er.
The King shall determine the date and terms of the passage referred to in paragraph 1^er. For this purpose, it may derogate from section 242, paragraph 3, or as the case may be, in section 236, paragraph 4, of the Act of 7 December 1998 organizing an integrated police service, structured at two levels.
Art. 46. As of 2002, a 13.07 per cent deduction is made on the amount of the Copernic bonus awarded to some integrated police personnel, which is structured at two levels, in accordance with the terms and conditions established by the King.
Art. 47. Are repealed:
1st Article XII.VI.8 PJPol;
2° Article XII.VI.9 PJPol.
Art. 48. This Act comes into force on the day of its publication to the Belgian Monitor, with the exception of:
1° of Article 2 which produces its effects on 1^er March 1999;
2° of articles 6 to 13, 16, 18 to 20, 24, 28 to 33, 35, 37 to 39, 41, 43 and 44 which produce their effects on 1^er April 2001;
3° of Article 46 which produces its effects on 1^er January 2002;
4° of Article 5 which produces its effects on 1^er April 2003;
5° of articles 21, 23 and 26 which come into force on 1^er April 2006.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 3 July 2005.
ALBERT
By the King:
The Minister of the Interior,
P. DEWAEL
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Notes
(1) Session 2004-2005.
House of Representatives:
Parliamentary documents. - Bill No. 51-1680/1. - Amendments, No. 51-1680/2 and 3. - Report No. 51-1680/4. - Text corrected by the commission, no. 51-1680/5. - Text adopted in plenary and transmitted to the Senate, No. 51-1680/6.
Full report: 18-19 May 2005.
Senate:
Parliamentary document. - Project not referred to by the Senate, No. 3-1196/1.