2 AVRIL 2003. - 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 to amend the Electoral Code (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 77 of the Constitution.
CHAPTER II. - Amendments to 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
Art. 2. Article 1^er 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, as amended by the laws of 18 June 1993, 19 May 1994, 10 April 1995, 19 November 1998 and 13 December 2002, are amended as follows:
1° to 1°, paragraph 2, the last dash is replaced by the following:
" - the political groups of the Federal Chambers, community and regional councils and provincial councils, and the institutions, created in the form of a not-for-profit association, which receive the grants or grants granted by these assemblies to political parties or political groups; »
2° to 2°, third dash, the words "or councils" are replaced by the words ", provincial councils or councils";
3° it is inserted a 3°bis, which reads as follows:
"3°bis political agents: natural persons who are members of a parliamentary assembly or of an executive of the European Union, the federal State, a Community, a Region, a province, a municipality or an intra-communal district or who have been designated by one of these assemblies or one of these executives, other than those who depend on them, to exercise a private mandate within the public or »
4° the 4° is replaced by the following provision:
« 4° Supervisory Committee: a clerk composed by members of the House of Representatives and the Senate, and chaired by the Speakers of the House of Representatives and the Senate.
The Supervisory Commission sets out in its statutes the terms and conditions for its composition, mode of operation and mode of decision-making, without prejudice to the conditions of majority provided for by law, and establishes rules of procedure for the exercise of the duties entrusted to it by law. These statutes and regulations are both published in the Belgian Monitor.
The Supervisory Commission shall be required to advise, under the conditions laid down in this Act, by the Court of Auditors both for the control of the election expenses of political parties and individual candidates and for the control of the financial reports of political parties and their components. If it deems it appropriate, the Board may also seek the opinion of the Court of Auditors for the exercise of its other legal powers.
In the event of the dissolution of the Federal Chambers, the deadlines for the exercise of the powers of the Supervisory Board are interrupted. The new deadlines begin to run as soon as the final offices of the Federal Chambers are installed.
With the exception of the period provided for in Article 4bis , § 2, paragraph 3, the deadlines for the exercise of the powers of the Supervisory Board shall be suspended during the holiday periods established under Article 10, § 1^er, 3°, of the law of 6 April 1995 organizing the parliamentary committee of consultation under Article 82 of the Constitution and amending the laws on the Council of State, coordinated on 12 January 1973. »
Art. 3. Section 2 of the Act, as amended by the Acts of 19 May 1994, 19 November 1998, 27 December 2000 and 13 December 2002, are amended as follows:
1° to § 2 are made the following amendments:
- at 1° the words "1.40 franc" are replaced by the words "0.035 euro";
- 2° is replaced by the following provision:
"2° for a candidate on the list of a political party who, in the last elections, did not obtain a warrant or did not appear in the electoral district concerned: the amount referred to in 1°. This candidate must not necessarily be the one at the top of his list; »
2° it is inserted a § 2bis, which reads as follows:
"§ 2bis . The total expenses and financial commitments related to the election propaganda of individual candidates who, pursuant to the exception referred to in section 118, paragraph 3, of the Electoral Code, are presented on the same list in more than one electoral district for the election of the House of Representatives, cannot exceed:
1° for each of the candidates placed at the top of the list with the number of mandates obtained by their list in the last elections and for an additional candidate to be nominated by the political party: 8.700 euros, increased by 0.035 euros per elector registered in the previous elections for the Federal Chambers in the electoral districts concerned. Such candidates may, however, in each of these electoral districts incur expenditures greater than the maximum applicable amount for the various electoral districts, as set out in § 2;
2° for a candidate on the list of a political party who, in the last elections, did not obtain a warrant or did not appear in the electoral districts concerned: the amount referred to in 1°. This candidate must not necessarily be the one at the top of his list. However, in each of the electoral districts concerned, it cannot incur expenditures greater than the maximum applicable amount for the various electoral districts, as set out in § 2;
3° for each other candidate and the first alternate candidate, provided that the candidate does not benefit from the 1°: 5.000 euros;
4° for each alternate candidate, provided that it does not benefit from the 1°: 2.500 euros.
Applicants referred to in paragraph 1^er, 1° and 2°, apportion the fixed expenses related to their electoral propaganda that they cannot allocate to one of the electoral districts proportionally between their statements made for the various electoral districts, prorated to the number of electors registered in the previous elections for the Federal Chambers in the electoral districts concerned. »;
3° to § 3 are made the following amendments:
- at 1° the words "0.70 franc" are replaced by the words "01.75 euro";
- 2° is replaced by the following provision:
"2° for a candidate on the list of a political party who, in the last elections, did not obtain a warrant or did not appear in the electoral college concerned: the amount referred to in 1°. This candidate must not necessarily be the one at the top of his list; »
4° § 4, paragraph 2, is repealed.
Art. 4. Section 4 of the Act, amended by the Acts of 21 May 1991, 18 June 1993, 19 May 1994, 12 July 1994 and 10 April 1995, are amended as follows:
1° it is inserted instead of § 2, which becomes § 3, a new § 2, which reads as follows:
“§2. Also considered as expenses of election propaganda referred to in § 1^er, expenses incurred by third parties in favour of political parties or candidates, unless
- shall not, as soon as they have become aware of the campaign carried out by the third parties in question, they shall, by registered letter to the post, cease this campaign;
- shall not transmit a copy of the said letter, accompanied or not of the written agreement of the third parties to cease the campaign, to the presidents of the principal offices, who, pursuant to Article 94ter , § 1^erParagraph 1^er, of the Electoral Code, prepare a report on election propaganda expenses incurred by candidates and political parties. These presidents attach these documents to statements of election expenses and origin of the funds deposited by the parties or candidates concerned. »;
2° § 2, which becomes § 3, is completed as follows:
“6° the cost of periodic events, provided that they:
- have no purely electoral objective;
- have a regular and recurring character, and have the same organizational characteristics; the periodicity is appreciated either on the basis of a reference period of two years before the period referred to in § 1^erin the course of which the event concerned must have taken place at least once a year, on the basis of a four-year reference period preceding the period referred to in § 1^erin the course of which the event concerned must have taken place at least once a two-year period. If, however, publicity and invitation expenses are clearly exceptional in relation to the usual conduct of such a demonstration, they must, by exception, be charged as an election expense;
7° the cost of non-recurrent paid events, organized for electoral purposes, to the extent that expenses are covered by revenues, with the exception of those from sponsoring, and where these are not expenses incurred for advertising and invitations. If expenditure is not covered by income, the difference must be charged as an election expense;
8° the expenses incurred during the election period as part of the normal functioning of the party at the national or local level, especially for the organization of congresses and party meetings. However, if the costs of advertising and invitations are manifestly exceptional in relation to the usual conduct of such events, they must, by exception, be charged as election expenses;
9° the expenses related to the creation, adaptation and management of the internet applications, provided that they operate in the same way and according to the same rules as outside the reference period. »;
3° to § 4, the words “of § 1^er are replaced by the words “§ 1^er and 2".
Art. 5. Section 5 of the Act, as amended by the Acts of 18 June 1993, 19 May 1994, 10 April 1995 and 19 November 1998, are amended as follows:
1° to § 1^er1°bis becomes 2°;
2° to § 1^er, the 2°, which becomes the 3°, is replaced by the following provision:
"3° cannot sell gadgets or distribute gifts or gadgets, regardless of the mode of distribution and without prejudice to Article 184 of the Electoral Code, except for candidates and persons who, pursuant to Article 4, § 3, 1°, make unpaid electoral propaganda for political parties and candidates. By gadgets, all objects are understood, with the exception of printed on paper or any other information medium that conveys a political message with only opinions or illustrations, which are used as souvenirs, accessories, colifichets or common objects and whose person who distributes them hopes that the person who receives them will subsequently affect them to the use to which they are normally intended and that on this occasion, »
3° § 1^er is completed as follows:
"4° cannot organize a commercial campaign by telephone;
5° may not broadcast commercial advertising spots on radio, television and cinema. »;
4° § 2 is replaced by the following provision:
“§2. For the same period, the provincial governor or administrative district of Brussels-Capital sets out, by police order, the terms of the posting of electoral posters and the organization of motorized caravans. »
Art. 6. Section 6 of the Act, as amended by the Acts of 18 June 1993, 10 April 1995 and 19 November 1998, is replaced by the following provision:
“Art. 6. - When applying for a list number, political parties file a written statement by which they undertake to:
1° comply with the legal provisions concerning the limitation and control of election expenses;
2° declare, against acknowledgement of receipt and within forty-five days after the date of the elections, their election expenses and the origin of the funds allocated to it by the president of the main office of the electoral district for the election of the House of Representatives, in the jurisdiction of which the seat of the party is established, and to transmit, for the exercise of the right of consultation referred to in article 94ter , § 2, paragraph 2, of the Election Code,
3° to be retained, for two years from the date of the elections, the supporting documents relating to election expenses and the origin of the funds.
As long as the donations are mentioned in their statement of origin of the funds, they also undertake to register the identity of the natural persons who have made donations of 125 euros and more for the financing of the election expenses, not to disclose it and to communicate it within forty-five days after the date of the elections to the Supervisory Board responsible for ensuring compliance with that obligation in accordance with Article 16bis.
The written statement, the statement of election expenses and the statement of origin of the funds and the acknowledgement of receipt are prepared on special forms prepared by the Minister of the Interior and published in good time to the Belgian Monitor. The forms for the declaration of election expenses and the statement of origin of the funds, as well as the registration forms referred to in paragraph 2 are made available to the political parties at the latest when they request a list number.
These forms are signed, dated and filed against receipt by the applicants.
The King sets out, by order deliberately in the Council of Ministers, the modalities for filing the declaration of election expenses and the declaration of origin of the funds and the manner in which these statements will be inventoried and preserved. »
Art. 7. An article 11bis, as follows, is inserted in the same law:
"Art. 11bis . - The Presidents of the Supervisory Board shall forthwith transmit to the Court of Auditors, by fold recommended to the post, a copy of the reports which have been sent to them in accordance with Article 94ter , § 2, of the Electoral Code, in charge of rendering, pursuant to Article 1^er4°, paragraph 3, within one month, notice of the accuracy and completeness of these reports. »
Art. 8. Section 12 of the Act, as amended by the Act of 18 June 1993, is replaced by the following provision:
“Art. 12. § 1^er. Without prejudice to Article 1^er, 4°, paragraphs 3 and 4, the Supervisory Board shall, within one hundred and eighty days after the day of the elections, decide in a public meeting, in respect of the rights of the defence and after having taken note of the opinion rendered by the Court of Auditors in accordance with Article 11bis, on the accuracy and completeness of the reports referred to in Article 94ter of the Electoral Code. For this purpose, it may, in accordance with the procedure provided for in its rules of procedure, request all additional information that would be necessary for its task.
§ 2. Decisions referred to in § 1^er, including those taken under articles 13 and 14, § 2, because of the violation of articles 2, 4 and 5, § 1^erand their motivation are reflected in a report approved by the Monitoring Commission.
This report contains at least the following data:
1° per political party, the total amount of election expenses incurred for that party;
2° per electoral district, the total amount of election expenses incurred for each list and the total amount of expenses incurred for all candidates of the list and for each elected separately.
The opinion of the Court of Auditors is annexed to the report.
§ 3. The chairs of the House of Representatives and the Senate shall forthwith transmit a copy of the report, by registered letter to the position, as the case may be, to the political party or to the person in respect of which the commission has made the decision referred to in § 2, paragraph 1^er.
They also transmit without delay a copy of the report to the services of the Belgian Monitor, which publish it in the annexes of the Belgian Monitor within thirty days of its receipt. »
Art. 9. In Article 13 of the Act, amended by the Act of 18 June 1993, the words "In the event of a violation of the prohibition provided for in Article 5, § 1^er, 1°, and in case of overtaking are replaced by the words "In case of overtaking".
Art. 10. Article 14, § 3, paragraph 1^erthe same law, replaced by the Act of 21 May 1991 and amended by the Act of 18 June 1993, is supplemented as follows:
"In respect of the Supervisory Board, this period is interrupted or suspended in accordance with section 1^er4°, paragraphs 3 and 4".
Art. 11. In section 16bis of the Act, inserted by the Act of 18 June 1993 and amended by the Acts of 19 May 1994 and 19 November 1998, the following amendments are made:
1° the first sentence of paragraph 2 is replaced by the following provision:
"Without prejudice to the requirement of registration referred to in Article 6, paragraph 2, and Article 116, § 6, paragraph 2, of the Electoral Code, the identity of natural persons who make, in any form, donations of 125 euros and more to political parties and their components, lists, candidates and political agents is registered annually by the beneficiaries. »;
2° the last sentence of paragraph 2 is replaced by the following provision:
"The payments made by political agents to their political party or its components are not considered gifts. »
Art. 12. The first sentence of article 16ter of the same law, inserted by the law of 19 November 1998, is replaced by the following provision: "The King shall, by order deliberately in the Council of Ministers, establish the terms of the registrations referred to in articles 6 and 16bis, as well as those referred to in article 116, § 6, paragraph 2, of the Electoral Code, as well as the terms and conditions for the filing of such records. »
Art. 13. Section 18 of the Act, as amended by the Act of 18 June 1993, is replaced by the following provision:
“Art. 18. - The amounts referred to in Article 16, 1° and 2° are adapted according to the variations in the Consumer Price Index. The basic indices are January 1993 and January 2003. »
Art. 14. In section 24 of the Act, as amended by the Act of 19 November 1998, the following amendments are made:
1st paragraph 1^er is supplemented by the words: “that ensure that this report is published without delay in parliamentary documents”;
2° Paragraph 2 is replaced by the following provision:
"In addition, the chairpersons shall forthwith transmit a copy of the financial reports or parliamentary documents referred to in paragraph 1^er, by registered letter to the post, to the Court of Auditors, in charge of rendering it pursuant to Article 1^er, § 2, within one month, notice of the accuracy and completeness of such reports. »;
3° the first sentence of paragraph 3 is replaced by the following sentence:
"The Supervisory Board shall make its observations and approve the financial report within two hundred days of the closing of the accounts, including on the basis of the opinion of the Court of Auditors, provided that it does not find any irregularities. The opinion of the Court of Auditors is annexed to the report of the Board of Auditors. »
CHAPTER III. - Amendments to the Electoral Code
Art. 15. Section 94ter of the Electoral Code, inserted by the Act of 4 July 1989 and amended by the Act of 19 May 1994, is replaced by the following provision:
"Art. 94ter . § 1^er. Within seventy-five days from the date of the elections, the chairs of the principal electoral district offices referred to in section 94, as well as the chairs of the principal college offices referred to in section 94bis, shall establish, for the purposes of the Supervisory Board referred to in section 1^erParagraph 1^er, 4°, of the Act of 4 July 1989 on the limitation and control of the election expenses incurred for the elections of the Federal Chambers, as well as the open financing and accounting of the political parties, each with respect to it, a report in four copies on the election propaganda expenses incurred by the candidates and by the political parties, as well as on the origin of the funds allocated to them.
For the preparation of their report, the chairpersons may request all necessary information and additional information.
The report mentions:
- parties and candidates who participated in the elections;
- the election expenses incurred by them;
- the offences they have committed to the reporting obligation referred to in Article 6 of the Act of 4 July 1989 on the limitation and control of the election expenses incurred for the elections of the Federal Chambers, as well as to the open financing and accounting of the political parties, and to Article 116, § 6;
- offences under articles 2 and 5, § 1^er, 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, which derive from statements made by these parties and candidates.
The statements are annexed to the report.
The report is prepared on forms provided for this purpose and provided by the Minister of the Interior.
§ 2. Two copies of the report are retained by the Chair of the Principal Office and the other two are submitted to the Chairs of the Oversight Committee.
From the seventy-fifth day following the elections, a copy of the report is tabled for fifteen days at the Registry of the Court of First Instance, where it can be consulted by all registered electors, upon presentation of their convocation to the poll, who may, during that same period, make their comments in writing.
The last two copies of the report and the remarks made by the candidates and registered electors are then forwarded by the Chairman of the Main Office to the Chairpersons of the Supervisory Commission. »
Art. 16. Article 116, § 6, of the same Code, as amended by the laws of 19 May 1994, 10 April 1995, 19 November 1998, 27 December 2000 and 13 December 2002, is replaced by the following provision:
Ҥ 6. In the act of acceptance of their application, both incumbent candidates and alternate candidates agree:
1° to comply with the legal provisions concerning the limitation and control of election expenses;
2° to be introduced, against receipt, within forty-five days after the date of the elections, statements of their election expenses and the origin of the funds allocated thereto, to the president of the main office of the electoral district or to the president of the main office, as the case may be, of the French electoral college or the Dutch electoral college. The candidates referred to in Article 2, § 2bis, paragraph 1^er, 1° and 2°, of 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 the political parties, introduce separate statements to the presidents of the principal offices of the electoral districts in which they are presented. The candidates referred to in Article 2, § 2bis, paragraph 1^er3° and 4° of the above-mentioned Act introduce the same declarations to the presidents of the main offices of the electoral districts in which they are presented;
3° to retain the supporting documents relating to their election expenses and the origin of the funds for the two years following the date of the elections.
As long as their statement of origin of the funds mentions donations, they also undertake to register the identity of the natural persons who, in order to finance the election expenses, have made donations of 125 euros and more, to guarantee the confidentiality of this identity and to communicate it, within forty-five days after the date of the elections, to the Supervisory Board that ensures compliance with this obligation, in accordance with article 16bis of 1989.
The act of acceptance, the statements of election expenses and the origin of the funds and the receipt are written on forms provided for this purpose, which are prepared by the Minister of the Interior and published in due course to the Belgian Monitor. Forms containing statements of election expenses and the origin of the funds, as well as the registration forms referred to in paragraph 2 are made available to the candidates at the latest upon delivery of the notice of acceptance.
These forms are signed, dated and filed against receipt by the applicants.
The King shall determine by order deliberately in the Council of Ministers the terms of the filing of statements of election expenses and the origin of the funds, as well as their secure inventory and conservation. »
CHAPTER IV. - Transitional provision
Art. 17. If, pursuant to section 118, the last paragraph, of the Electoral Code, replaced by the Act of 13 December 2002, a candidate is presented simultaneously to the House and the Senate in the first federal parliamentary elections held after the coming into force of the said Act, he or she is required to file his or her statements of election expenses and the origin of the funds both with the president of the main office of the electoral district and with the president of the principal office of college.
CHAPTER V. - Entry into force
Art. 18. This Act comes into force on the day of its publication in the Belgian Monitor, with the exception of:
- of Article 2, 1° and 2°, which produces its effects on 1^er January 2003;
- Article 2, 4°, which produces its effects on 20 January 2003.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 2 April 2003.
ALBERT
By the King:
The Minister of the Interior,
A. DUQUESNE
Seal of the state seal,
Minister of Justice,
Mr. VERWILGHEN
____
Note
(1) Regular session 2002-2003.
House of Representatives.
Parliamentary documents. - Bill No. 2270/1. - Amendments, no. 2270/2. - Report, no. 2270/3. - Text adopted by the commission, no. 2270/4. - Text adopted in plenary and transmitted to the Senate, No. 2270/5.
Full report: 20 February 2003.
Regular session 2002-2003.
Senate.
Parliamentary documents. - Project transmitted by the House of Representatives, No. 2-1499/1. - Amendments, No. 2-1499/2. - Report, no. 2-1499/3. - Text corrected by commission, no. 2-1499/4. - Amendments, No. 2-1499/5. - Text adopted in plenary and subject to Royal Assent, No. 2-1499/6.
Annales of the Senate: March 20, 2003.