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Law Containing The First Adjustment Of The General Budget Of Expenditures For Fiscal Year 2002 (1)

Original Language Title: Loi contenant le premier ajustement du budget général des dépenses pour l'année budgétaire 2002 (1)

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belgiquelex.be - Carrefour Bank of Legislation

12 JULY 2002. - Act containing the first adjustment of the general budget of expenditures for the fiscal year 2002 (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
CHAPTER Ier. - General provisions
Art. 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 fiscal year 2002 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 appropriations by programme, in accordance with the totals of the programmes in adjusted departmental budgets annexed to this Act.
CHAPTER II. - Special provisions of departments
Section 12. - Ministry of Justice
Art. 2.12.1. Section 2.12.5, Programma 40/3 - Studies and Documentation, of the Act of 24 December 2001 containing the General Estimates for the 2002 Budget Year is supplemented as follows:
4) Grant to the Public Use Organization "Belgian Committee for UNICEF".
Section 14. - Ministry of Foreign Affairs and Foreign Trade
Art. 2.14.1. The text of section 2.14.5 of the Act of 24 December 2001 containing the General Estimates for the fiscal year 2002 is replaced by the following text:
Expenditures, whose regularization occurs a posteriori, carried out in diplomatic and consular posts and in permanent representations during previous fiscal years may be charged against the credits of the current year.
Section 15. - International cooperation
Art. 2.15.1. The provisions of paragraph (2) of section 2.15.2 of the Act of 24 December 2001 containing the General Estimates for the fiscal year 2002 are extended to students from low-income countries in Belgium.
Art. 2.15.2. The text of section 2.15.4, Programme 54/3 - Multilateral Cooperation, 4), of the Act of 24 December 2001 containing the General Estimates for the fiscal year 2002 is amended as follows:
4) Financial contributions arising from the Convention on Biological Diversity, including the Global Environment Facility, the Secretariat of the Convention to Combat Desertification, the World Health Organization and various environmental treaties.
Section 16. - Ministry of National Defence
Art. 2.16.1. The text of section 2.16.3 of the Act of 24 December 2001 containing the General Estimates for the fiscal year 2002 is replaced by the following text:
Expenditures on prior year receivables may be charged against the current year's credits in the following cases: contributions to international organizations due under international agreements, orders for supplies and services to foreign governments, and to NATO's production and logistics agencies, as well as payment of compensation for industrial accidents and compensation to State personnel for property damage.
Art. 2.16.2. Section 2.16.10 of the Act is amended to read:
Programme 90/4 - NATIONAL MEETING
Add the following position:
10. A.S.B.L. "Belgian Navy Gifts".
Art. 2.16.3. A third paragraph is added to section 2.16.15 of the Act:
By derogation from Article 28 of the co-ordinated laws on State accounting, benefits for the benefit of public interest bodies may be made free of charge. The Minister of Defence is responsible for setting out the terms of this gratuity.
Art. 2.16.4. The text of section 2.16.27 of the Act is replaced by the following text:
The balances allocated as at 31 December 2001 of accounts 87.07.04.28 B, 87.07.06.30 B, 87.07.09.33 B, 87.07.10.34 B and 87.07.12.36 A of the section "Treasury Order Operations" must be transferred to the respective budgetary funds.
To ensure continuity of service during the transitional phase, receivables payable may be paid after January 1, 2002 to the accounts of the "Treasury Order Operations" section.
Art. 2.16.5. The last paragraph of section 2.16.19. of the Act is replaced by the following text.
Any balance and/or partial payments will/will be the subject of an imputation either to the budget of the departments and agencies of public interest concerned, or to the Budget of the Ways and Means for the benefit of the account of the treasury 87.07.10.34 B for, after counting with the organizations mentioned above, to be used in the coverage of expenses resulting from infrastructure work and/or remediation to the areas in Belgium and/or Germany,
Art. 2.16.6. The Minister of Defense is authorized to charge the revenues resulting from Belgian participation in military operations outside the account 87.07.09.33 B of the section "Treasury Order Operations". They will be used to cover staff and operational costs of National Defence.
This account may present a debtor balance for up to six months. Market legislation on behalf of the State as well as the corresponding system of delegations are applied to expenditure transactions.
The latter are subject, prior to any legal undertaking, to the opinion of the Inspectorate 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 and 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. 2.16.7. The Minister of Defence is authorized to charge the revenues of the economic operations of the Radio-Maritime Service (RMD) on account 87.07.12.36 A of the "Treasury Order Operations" section. They will be used to cover the operating and investment expenses of National Defence.
For 2002, the Minister of Defence is authorized to enter into obligations within income limits.
Market legislation on behalf of the State as well as the corresponding system of delegations are applied to expenditure transactions.
The latter are subject, prior to any legal undertaking, to the 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 and to the visa of the Court of Accounts within the meaning of Article 14 of the Act of 29 October 1846 on the organization of the Court of Accounts.
Art. 2.16.8. By derogation from the provisions of section 41 of the program law of July 19, 2001, the possible balance of the transactions stipulated in the conventions regulating the disposition of surplus equipment, materials and ammunition may be charged to account 87.07.06.30 B of the section "Treasury Order Operations". For the year 2002, the Minister of Defence is authorized to enter into obligations within the limits of available revenues, 2002 or prior years, for investments to the Armed Forces.
It will also be charged to the above account, expenses related to disposal operations.
Market legislation on behalf of the State as well as the corresponding system of delegations are applied to expenditure transactions.
By derogation from section 48 of the Act of 20 December 1995 on tax, financial and other provisions, these expenses are subject, prior to any legal undertaking, to the 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 and to the visa of the Court of Accounts within the meaning of article 14 of the Act of 29 October 1846 on administrative and budgetary control.
Art. 2.16.9. By derogation from the provisions of section 41 of the program law of July 19, 2001, the possible balance of transactions stipulated in the conventions regulating the disposition of immovable property may be charged to account 87.07.04.28 B of the section "Treasury Order Operations". For the year 2002, the Minister of Defence is authorized to enter into obligations within the limits of available revenues, 2002 or previous years, for infrastructure work in Belgium, for the benefit of the Armed Forces.
The above-mentioned account will also be charged to the above-mentioned transactions.
The law of the markets on behalf of the State and the corresponding delegation system are applied to the expenditure transactions.
The transactions in this account are subject, prior to any legal undertaking, to the 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 and 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.
Section 17. - Federal Police and Integrated Operations
Art. 2.17.1. In section 2.17.4 of the Act of 24 December 2001 containing the General Estimates for the fiscal year 2002, the following text is inserted under Program 90/2 - APPUI FEDERAL:
- to the A.S.B.L. "Social Solidarity Fund for Police Services" (FSSPol): the amount covered by the budget, in refund of the interventions carried out by the A.S.B.L., during the period of 1er July 2001 and the amount of the establishment of the Social Service for the benefit of members of the integrated police, at the request of the Social Affairs Branch of the Federal Police Human Resources Branch;
- to various A.S.B.L. that promote the integration of local and federal police: intervention by the federal authority in the financing of their projects.
Section 18. - Ministry of Finance
Art. 2.18.1. The five-year limitation is noted, the following forms of payment. They will again be payable and payable in the year following the date of the coming into force of this Act.
These prescribed payment securities cannot be the subject of a late interest claim provided that their payment has taken place after the sixtieth day after their new introduction. The payment period of sixty days shall be counted as soon as possible from the effective date of this Act.
The expenses caused by these prescribed payment securities are attributable to the budgetary means of the following basic allowance of the current year:
For the consultation of the table, see image
Section 19. - Public Service
Art. 2.19.1. The text of section 2.19.2 of the Act of 24 December 2001 containing the General Estimates for the fiscal year 2002 is replaced by the following text:
The Minister who has the Régie des buildings in his powers is authorized to contract, apart from the amount of the commitment credits of the investment programs, set out in sections 533.01, 533.03, 533.04, 533.11, 533.12, 533.13, 533.14, 536.02 and 536.11 of the budget of the Régie des buildings, des obligations de leasing-vente et d' investissements y
The amount of these transactions is limited for 2002 to 143.032.114 euros, for the following projects:
Ittre, new prison : 5.180.844
Courtrai, new judicial building : 2.025.816
Louvain : Tour Philips : 2.895.965
Hasselt, new prison: 10.376.924
Nivelles, prison extension: 11.155.209
Mons, new judicial building : 47.000.000
Liege, new Court of Justice: 67.397.356
In addition, the Régie des buildings is authorized to contract a promotion market for the construction of a new courthouse in Ghent for an amount of 100.000.000 euros.
Art. 2.19.2. The Buildings Authority is authorized to lease the federal portion of buildings partially occupied by local police services pending the final acquisition by the police area or pending a collective sale. The former units of the gendarmes can also be rented pending their sale or demolition.
Section 21. - Pensions
Art. 2.21.1. Article 2.21.3, 2e paragraph, of the Act of 24 December 2001 containing the General Estimates for the fiscal year 2002, the amount of 210,709 thousand euros is replaced by the amount of 89,000 thousand euros.
Art. 2.21.2. By derogation from Article 45 of the State Accounting Laws, coordinated on 17 July 1991, the "Sustainment Pension Fund" organic fund is authorized to present in the fiscal year a debiting position, which cannot exceed in commitment and order the amount of 200 million euros.
Art. 2.21.3. The proceeds of the deductions referred to in section 68 of the Act of 30 March 1994 relating to social provisions, which pursuant to section 68ter, § 5, of the same Act are paid to the Pension Balance Fund, is used for the payment of pensions and benefits:
- State and community teaching staff;
- staff of autonomous public institutions;
- the former Sea Transport Authority;
- POST;
- ministers of worship;
- Army;
- former executives of Africa;
- subsidized official education;
- subsidized free education;
and also survivors' pensions from former African executives.
Art. 2.21.4. The Integrated Police Pension Fund budget is approved for the 2002 fiscal year, annexed to this Act. This budget amounts to 28.355,000 euros for revenues and to 28.355,000 euros for expenses.
Section 23. - Ministry of Employment and Labour
Art. 2.23.1. Section 2.23.1 (6) of the Act of 24 December 2001 containing the General Estimates for the 2002 Budget Year is amended as follows:
A maximum amount of EUR 120,000 to the Accountant of the Social Law Inspection Authority, which is authorized to pay, through these advances, the amounts necessary for the internal consolidation of the consignments of the Central Administration and the external services.
Art. 2.23.2. In article 2.23.3 of the same law, Programme 40/1 - INTERNATIONAL COLLABORATION, is
- as amended: Paragraph 2 is replaced by the following:
Granted to the International Labour Organization as a voluntary contribution of the Belgian government for a specific programme or action in the areas of child labour, the promotion of employment, social dialogue and collective bargaining, or the administration of work, social protection or social economy.
- completed as follows:
Financial contributions to small-scale interventions via the S.A. Belgian technical cooperation.
Art. 2.23.3. Section 2.23.4 of the Act is deleted.
Art. 2.23.4. The grant to cover the expenses inherent in the employment of unemployed people - general system, is abolished from the fiscal year 2002 to section 23 - Ministry of Employment and Labour, organizational division 56 - Employment Administration, programme 4 - Worker's allowance, basic allowance 42.07 - Expenditures inherent in the employment of unemployed persons - General system and grouped in the amount listed in section 26 - Ministry
The balance of the previous years is attached to the amount that, pursuant to section 24 of the Act of 29 June 1981 containing the general principles of social security of workers, is allocated to the National Employment Office for the regulation of unemployment benefits for 2002.
Section 26. - Ministry of Social Affairs, Public Health and the Environment
Art. 2.26.1. Section 2.26.3 of the Act of 24 December 2001 containing the General Estimates for the fiscal year 2002, is supplemented as follows:
PROGRAMME 54/1 - INSPECTION OF FOODS
Expenditures for laboratory analysis costs on 2002 credits and 2001 deferred credits.
Art. 2.26.2. Section 2.26.6 of the Act is supplemented as follows:
PROGRAMME 53/3 - ART DE GUERIR
Subsides to two representative organizations of general medicine.
Art. 2.26.3. In section 2.26.11 of the Act, the amount of 560.752.000 euros is replaced by the amount of 124.000 euros, for both revenue and expenditure.
Art. 2.26.4. In Article 2.26.12 of the same Law, the amount of 97.617.000 euros is replaced by the amount of 95.719.000 euros for the revenues, and the amount of 96.975,000 euros is replaced by the amount of 97.760.000 euros for the expenses.
Art. 2.26.5. Without prejudice to the possibility of redistributing staff credits, in accordance with the terms set out in Article 1-03-3, § 2, of the General Estimates, the Minister of Social Integration, is authorized under the agreement of the Minister of Budget to make redistributions between AB 26.55.31.11.04 and AB 26.55.35.41.41.
Section 31. - Ministry of Agriculture and Average Class
Art. 2.31.1. By derogation from Article 2 of the Acts on State Accounting, coordinated on 17 July 1991, the excesses on subsidies granted to the Chambers of Trades and Trades for the years 1998, 1999 and 2000, as a result of the basic allowance 31.51.03.41.03, may be deferred to the fiscal year 2002, up to 77,221.81 euros, with a view to clearing the budgetary deficits observed in certain years 1997.
Art. 2.31.2. Without prejudice to the possibility of redistribution of staff credits according to the terms set out in Article 1.03.3, § 2, of the General Estimates, the Minister responsible for Agriculture is authorized, in consultation with the Minister of Public Health and with the agreement of the Minister of Budget, to perform redistributions between AB 31.40.01.11.03 and 31.40.01.11.04 and AB 31.40.03.41 "
Section 32. - Ministerie van Economische Zaken
Art. 2.32.1. Section 2.32.4 of the Act of 24 December 2001 containing the General Estimates for the 2002 Budget Year is supplemented as follows:
PROGRAMME 65/5 - FINANCING OF EUROPEAN PROJECTS IN THE FRAMEWORK FOR THE PROTECTION
1. Contribution to the European Consumer Centre (Euroloket).
2. Contribution to the Internetsupported Communication System for Market Surveillance (ICSMS).
Section 33. - Ministry of Communications and Infrastructure
Art. 2.33.1. Section 2.33.4 of the Act of 24 December 2001 containing the General Estimates for the fiscal year 2002 is supplemented as follows:
- the Programme 40/1 - STUDIES AND ACTIONS IN THE MATERIAL OF MOBILITY, TRANSPORT AND INTERNATIONAL MANAGEMENT:
Subsides at the Belgian Institute of Road Safety.
- PROGRAMME 41/5 - PUBLIC ENTREPRISES
Subsides to the A.S.B.L. "Support to the Sabena Employment Cell".
- PROGRAMME 52/6 - FINANCIAL PROVISIONS CONCERNING THE FIRST SECTOR
Unique allowances to selected unemployed compensation pilots
- to the programme 56/2 - FINAL FINANCING WORK:
3) Subside in Brussels 2000.
4) Subside to the Museum of Architecture.
Art. 2.33.2. In section 2.33.7 of the same law, the amount of 9.916.000 euros is replaced by the amount of 12.395,000 euros.
Art. 2.33.3. The text of section 2.33.9 of the Act is replaced by the following text:
The budget of the Belgian Institute of Postal Services and Telecommunications of 2002 is approved annexed to this Act.
This budget rises for revenues to 33.400,000 euros and for expenses to 37.815,000 euros.
It includes in expenditure commitment credits for an amount of 1.172.000 euros.
Revenues for order are estimated at 7.750,000 euros and expenses for order to 7.750,000 euros.
The budget of the mediation service is for revenue to 1.153.000 euros and for expenses to 1.561.000 euros.
Art. 2.33.4. By derogation from Article 45, § 2, of the Acts on State Accounting, coordinated on 17 July 1991, the funds of the Fund for the Financing and Improvement of the Means of Control, Inspection and Investigation and of the Aeronautics Prevention Programs (Program 52/5) are disaffected up to 625,000 euros, in addition to the general resources of the Treasury.
Section 51. - Public debt
Art. 2.51.1. The text of section 2.51.5 of the Act of 24 December 2001 containing the General Estimates for the fiscal year 2002 is replaced by the following text:
Emission premiums for linear obligations issued prior to December 31, 2001, recorded on the cash account 10.65.01.06 and split per fiscal year, prorata temporis based on the duration of the borrowings that generated them, are allocated to the budgetary expenditures of public interest or dependants of the budget, in addition to interest expenditures, as they constitute a gain or loss for the Consolidated Revenue Fund.
CHAPTER III. - Restitution and allocation funds
Art. 3-01-1. Table 3 annexed to this Act replaces Table 3 - Restitution and allocation funds, annexed to the Act of December 24, 2001 containing the General Estimates for the fiscal year 2002.
CHAPTER IV. - Separate Management State Services
Art. 4-01-1. The operations during the 2002 fiscal year of the Prison Labour Authority (Justice), the Federal Administration (SELOR) (Public Selection) Office of the FED (SPF Personnel and Organization) and the Products of the Management of the Shape-Village in Casteau and the "Les Bruyères" in Mons (Finances) domain are re-estimated to the sums mentioned in the budgets annexed to this Act.
CHAPTER V. - State companies - Royal Belgian Mint
(for memory)
CHAPTER VI. - Public Interest Organizations
Art. 6.01.1. The budget for the 2002 fiscal year of the Federal Agency for Food Chain Safety (AFSCA) is reassessed to the amounts listed in the table annexed to this Act.
This Act comes into force on the day of its publication in the Belgian Monitor.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 12 July 2002.
ALBERT
By the King:
The Prime Minister,
G. VERHOFSTADT
The Minister of Budget,
J. VANDE LANOTTE
Minister of Finance,
D. REYNDERS
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Note
(1) Regular session 2001-2002.
House of Representatives.
Parliamentary documents. - Bill No. 1755/001. - Amendments, nbones 1755/002 to 011. - Report, no. 1755/012. - Amendment No. 1755/013. - Text adopted, No. 1755/014.
Annales parliamentarians. - Discussion. Sessions of 26 and 27 June 2002. - Adoption. Session of June 27, 2002.

TABLE 1
CREDITS AJUSTS PREVUS FOR DOTATIONS
2002 budget year
LEGENDE
Column (12):
- B: budget number
- D: division
- Art: article
Column (11)
- cnd : credits non dossociés (*)
(*) Credits for previous years are in brackets.
For the consultation of the table, see image