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Law Containing The First Adjustment Of The General Budget Of Expenditures For Fiscal Year 2001 (1)

Original Language Title: Loi contenant le premier ajustement du Budget général des dépenses de l'année budgétaire 2001 (1)

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27 JULY 2001. - Act containing the first adjustment of the General Estimates for the fiscal year 2001 (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
CHAPTER 1er. - 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 the 2001 Budget Year are adjusted:
1° - in respect of the appropriations provided for the Dotations, 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.
Art. 1-01-3
"Art. 1-01-3. - By derogation from article 28, paragraph 1erco-ordinated laws on State accounting, the expenditures of federal public services (SPF) and programmatory public services (SPP), created in 2001 as part of the Copernic reform, are charged to the most appropriate programs of the current sections of the general expenditure budget. »
CHAPTER 2. - Special provisions of departments
Section 12. - Ministry of Justice
Art. 2.12.1
The first paragraph of section 2.12.1 of the Act of 22 December 2000 containing the General Estimates for the fiscal year 2001 is supplemented as follows:
"(c) advances of funds up to CHF 100,000 may be made to the Department's extraordinary accountants responsible for the payment of assistance to victims of intentional acts of violence granted by the Ad hoc Commission. »
Art. 2.12.2
The following paragraph is added to section 2.12.3 of the Act:
"The collection of advances made to staff members in the form of a loan may, if any, be made in accordance with art. 23, 4°, of the Act of 12 April 1965 on the protection of workers ' wages. »
Art. 2.12.3
In section 2.12.7 of the Act, programme 40/3 - Studies and documentation is supplemented as follows:
« 5. Grant to the "Kinderrechtencoalitie Vlaanderen" and the NGO Coordination for the Rights of the Child. »
Art. 2.12.4
By derogation from Article 15 of the State Accounting Laws, coordinated on 17 July 1991, resales may be made from the basic allowance 56.31.12.01 to the basic allowance 56.03.12.40.
Section 13. - Ministry of the Interior
Art. 2.13.1
Section 2.13.3 of the Act of 22 December 2000 containing the General Estimates for the 2001 Budget Year is supplemented as follows:
"PROGRAMME 59/0 -
SUBSISTANCE PROGRAMME
Subside awarded to the Association of State Councils and Supreme Administrative Courts of the European Union. »
Section 15. - International cooperation
Art. 2.15.1
In section 2.15.1 of the Act of 22 December 2000 containing the General Estimates for the year 2001, the maximum amount of advances is reduced from 25 000 000 francs to 5 000 000 francs.
Art. 2.15.2
In section 2.15.6 of the Act, the authorization to commit the Belgian Survival Fund (base allowance 54.40.35.50) is extended from 988 000 000 francs to 1,330,000 francs.
Section 16. - Ministry of National Defence
Art. 2.16.1
In section 2.16.4 of the Act of 22 December 2000 containing the General Estimates for the fiscal year 2001, the following paragraph is added:
"As part of international cooperation, the Minister of Defence is authorized, with respect to foreign trainees, to take charge of the budget up to 3 million francs in 2001, food, housing and daily expenses of trainees or the money counter-value paid to them. The Minister of Defence is responsible for the enforcement measures in this regard, depending on the particularities of the internship. »
Art. 2.16.2
In section 2.16.6 of the Act, the last paragraph shall be replaced by the following paragraph:
"Also can be concluded according to the negotiated procedure, the contracts passed by the NATO Supply and Repair System (NATO Agency for Supply and Repair and its subordinate agencies), as well as the contracts passed with a NATO member country, acting as part of an international agreement with the objective of supplying spare parts, servicing or maintenance of the equipment being implemented. »
Art. 2.16.3
In section 2.16.13 of the Act, the amount of 150 million francs for the use of the revenues concerned is replaced by the amount of 250 million francs.
Art. 2.16.4
The text of section 2.16.14 of the Act is replaced by the following text:
"In accordance with section 150 of the Act of 26 June 1992 on social and other provisions, the Minister of Defence is authorized to use revenues from the disposal of immovable property entrusted to his management, collected and recorded in account 87.07.04.28.B of the "Treasury Order Operations" section.
By derogation from Article 143 of the State Accounting Laws, coordinated on July 17, 1991, the Minister of Defense is authorized to use the revenues from wood sales in the areas that are part of the real estate property entrusted to his management, collected and recorded in Account 87.07.04.28.B of the "Treasury Order Operations" section.
Through these revenues, the Minister of Defence is authorized to enter into obligations in 2001 for the amount of 802 million francs, of which 792 million francs for infrastructure work in Belgium for the benefit of the Armed Forces and 10 million francs for the preservation and control of wooded areas and areas of biological interest, located in areas managed by National Defence. Payments are limited to 576 million francs.
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 relating to 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 relating to the organization of the Court of Accounts. »
Art. 2.16.5
In section 2.16.17 of the Act, the following paragraph is added:
"The members of the National Defence staff who, pursuant to Article 11, § 2, of the Act of 10 April 1973 establishing the Central Office for Social and Cultural Action (OCASC) for the benefit of members of the military community, are made available to the CSCO, remain in charge of the National Defence budget. »
Art. 2.16.6
In section 2.16.18 of the Act, the word "gendarmerie" is replaced by the words "federal police".
Art. 2.16.7
In section 2.16.19 of the Act, the second sentence of the third paragraph is replaced by the following sentence:
"For the year 2001, the Minister of Defence is authorized to enter into new obligations for the amount of CHF 1,766 million and make payments up to CHF 2,169 million for investments for the benefit of the Armed Forces. »
Art. 2.16.8
Section 2.16.21 of the Act is replaced for investments for the benefit of the Armed Forces, the amount of bonds of CHF 75 million by the amount of CHF 338 million and the amount of payment authorizations of CHF 250 million by the amount of CHF 439 million.
Art. 2.16.9
The first paragraph of section 2.16.27 of the Act is replaced by the following:
"The Minister of Defence is authorized, with respect to personnel located abroad for a period of not less than two weeks in the context of assistance and operational engagement operations or in the context of fiscal years, to partially charge the costs associated with private communications and to fully charge the costs associated with postal shipments on a private basis. »
Art. 2.16.10
The Minister of Defence is authorized to cover by an insurance contract military and civilian personnel of the risk of death and permanent disability that they face as a result of the performance of their duties abroad as part of the operational implementation of the Armed Forces or humanitarian assistance. The insurance premium is fully covered by the National Defence budget.
Art. 2.16.11
The Minister of Defence is authorized to cover, through an insurance contract, the hospitality of military and civilian personnel and their families, in accordance with the scheme applicable to federal government officials.
Art. 2.16.12
By derogation from the provisions of Article 28, 2nd paragraph, of the laws on State accounting, coordinated on 17 July 1991, the Minister of Defence is authorized to enter into agreements with other public bodies in the context of the provision of mutual benefits. The financial regulation of these transactions may be effected by compensation, either when the agreement has ceased its effects, or at the expiry of an agreed period or by the common will of the parties involved. The potential balance will be either compensated in kind or a charge to the National Defence budget, or to the Ways and Means Budget for the benefit of the budget for benefits against payment.
Art. 2.16.13
By derogation from the provisions of Article 28, 2nd paragraph, of the Acts on State Accounting, coordinated on 17 July 1991, the Minister of Defence is authorized to acquire a strategic transport ship by means of a joint financial participation of the Kingdom of Belgium and the Grand Duchy of Luxembourg.
By derogation from the provisions of section 19 of the Act of 24 December 1993 on public procurement and certain contracts of work, supplies and services, the Minister of Defence is authorized to enter into a single market, awarded in accordance with the provisions of the Act of 24 December 1993 referred to above, for the joint acquisition of a strategic transport ship with the Grand Duchy of Luxembourg, who is mandated to do so.
Expenditure transactions under this contract are subject, prior to any legal undertaking, to the opinion of the Inspector of Finance in accordance with the provisions 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.
Section 18. - Ministry of Finance
Art. 2.18.1
These are the five-year prescription, the payment documents listed below. They will be additional 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 allocations of the current year:
Art. 2.18.2
By derogation from Article 15 of the Acts on State Accounting, coordinated on 17 July 1991, Basic Allowances 12.01 - Permanent Expenditures for the Purchase of Non-Sustainable Goods and Services, Organic Divisions 40, 50 and 80 of Section 18 - Finance, may be redistributed between them, on the proposal of the Minister of Finance and after prior agreement of the Minister who has the budget in his or her powers.
Section 19. - Ministry of Public Service
Art. 2.19.1
By derogation from articles 12 and 14 of the Acts on State Accounting, coordinated on 17 July 1991, the expenses of the substantive divisions 40, 52 and 56 of the Ministry of Public Service relating to the rental expenses of the building located at 51, rue de la Loi in Brussels, may be charged to the basic allowance 02.12.01 of organic division 40 - General Secretariat - after use of the specific rental charges.
Art. 2.19.2
Section 2.19.9 of the Act of 22 December 2000 containing the General Estimates for the fiscal year 2001, the amount of 3,500,000 francs is replaced by 5,498,80,000 francs. The amount is as follows:
In francs
Nivelles, extension Palais de Justice : 40,000 000
Ittre, prison: 314 200 000
Courtrai, Palais de Justice: 128,000
Louvain, turn Philips : 816 600 000
Hasselt, prison: 1,600,000
Liège, Palais de Justice : 2,600,000
In addition, the Buildings Authority is authorized to enter into the following funding:
Antwerp, new court of justice : 6.058.900.000
Ghent, new court of justice: 3.059.200.000.
Art. 2.19.3
The Buildings Authority is responsible for the management of the studies and control of the construction of the four wings of the NATO "Z" building (NACISA). It is authorized to allocate the amounts from the sale of the land located near the current NATO headquarters in Evere as well as the amounts provided for this project in the Cooperation Agreement of 15 September 1993 between the Federal State and the Brussels-Capital Region and the amounts allocated to it by NATO.
Art. 2.19.4
By derogation from section 335, § 4, of the Act of December 22, 1989, the Régie des buildings is authorized to pay to the Treasury the proceeds of the sale of buildings for the renovation and/or for the resumption of rent, up to 9,000 million francs. For this purpose the new articles for order 490.11 and 590.11 are created in the budget of the Régie des buildings.
Art. 2.19.5
A new order account (Revenue Item 490.12 and Expenditure Item 590.12) is created in the budget of the Régie des buildings, for payment and refund of bonds, bank guarantees and other similar payments to which the Régie des buildings is held in connection with the construction or acquisition of real property.
Section 21. - Pensions
Art. 2.21.1
In section 2.21.3, second paragraph, of the Act of 22 December 2000 containing the General Estimates for the fiscal year 2001, the amount of CHF 4,100.0 million is replaced by the amount of CHF 8,200 million.
Art. 2.21.2
The treasury account on which the expenses of new integrated police pension and survival are charged from 1er April 2001, may present a debtor balance of 5 million francs.
Section 23. - Ministry of Employment and Labour
Art. 2.23.1
Section 2.23.1 of the Act of 22 December 2000 containing the General Estimates for the 2001 Budget Year is supplemented as follows:
"7) in a maximum amount of 3,000 000 francs to the accountants responsible for spending under the programme of activities 40/6 - Belgian federal public contribution to the European Social Fund - that is the amount."
Art. 2.23.2
The second sentence of section 2.23.2 of the Act is replaced by the following sentence:
"None of these advances are subject to a maximum amount, except for programming 1994-1999, for which they cannot exceed the available variable credits. »
Art. 2.23.3
In section 2.23.3 of the Act, programme 40/1 - International collaboration is supplemented as follows:
"Subsidies to international organizations (BIT, Council of Europe, European Organisations, ...), to third States (partners), to recognized or accredited non-governmental organizations, to Belgian or foreign research institutes. »
Art. 2.23.4
In section 2.23.8 of the Act, the amount of CHF 194,6 million is replaced by the amount of CHF 300 million.
Art. 2.23.5
By derogation from Article 8 of the Act of 24 December 1993 on public procurement and certain contracts of work, supplies and services, advances may be granted for operating expenses with respect to the Belgian Presidency of the European Union.
Section 26. - Ministry of Social Affairs, Public Health and the Environment
Art. 2.26.1
In section 2.26.6 of the Act of 22 December 2000 containing the General Estimates for the fiscal year 2001, program 55/3- Home of refugees is completed as follows:
"Payment of relief expenses of all kinds to the indigent, refugee and recognized refugees. Miscellaneous costs (lease charges, personnel, consumer expenses, etc.) related to the operation of the centralized winch of refugee candidates. »
Art. 2.26.2
In section 2.26.12 of the Act, the amount of 478,800,000 francs is replaced by the amount of 27,400,000 francs and the amount of 472,866,736 francs by the amount of 27,400,000 francs.
Art. 2.26.3
By derogation from Article 45 of the laws on State accounting, coordinated on 17 July 1991, the organic fund "Social Economy Fund" is authorized to present a debiting position that cannot exceed in commitment and order the amount of 300 million francs.
Art. 2.26.4
By derogation from Article 8 of the Act of 24 December 1993 on public procurement and certain contracts of work, supplies and services, advances may be granted for operating expenses relating to the Belgian Presidency of the European Union.
Art. 2.26.5
By derogation from Article 45 of the Acts on State Accounting, coordinated on 17 July 1991, the organic fund "European Fund for Refugees" is authorized to present a debiting position, which cannot exceed in commitment and order the amount of 100 million francs.
Art. 2.26.6
By derogation from Article 45, § 2 of the Laws on State Accounting, coordinated on 17 July 1991, the Minister of the Interior may transfer available means from the organic fund "Technical security of nuclear facilities" (Programme 23.54/2 of the Employment and Labour section) to the organic fund "Protection against ionizing radiation" (Program 26.58/1 of the section Social Affairs, Public Health and Environment) as soon as the means of the latter are insufficient.
Section 31. - Ministry of Average Class and Agriculture
Art. 2.31.1
By derogation from Article 45, § 2, of the laws on State accounting, coordinated on 17 July 1991, the revenues of the organic fund "Funds of compensation for agricultural enterprises affected by the dioxin crisis" (Program 31.55.3) can be allocated to the organic fund "Funds of Health and Animal Production" (Program 31.55.2) for a maximum of 340 million francs.
Art. 2.31.2
In section 2.31.6 of the Act of 22 December 2000 containing the General Estimates for the fiscal year 2001, the text under program 56/4 - Development and extension actions is replaced as follows:
“1. Grants to the 10 provincial chambers of agriculture and 115 agricultural counties.
2. Grants in the interest of agriculture and horticulture.
a. Grants to horticultural associations:
- Belgian Fruit Organization;
- Nationale Vakgroep Fruit.
b. Grants for the following agricultural and horticultural associations and events:
- National Strawberry Exhibition - Strawberry Farmers Associations;
- 16e Witloof International Biennial (5-6 October 2001);
- Linnean Royal Society and Flora;
- Rural World Day;
- UPAF (General Assembly);
- National plough competition;
- Award of the Minister;
- Other events and actions in the interest of agricultural development and/or horticulture.
3. Grants to test gardens and recognized horticultural test centres.
4. Grants to agricultural centres to ensure the proper implementation of major crop development programmes. »
Section 32. - Ministry of Economic Affairs
Art. 2.32.1
By derogation from Article 45, § 1er, laws on State accounting, coordinated on 17 July 1991, and article 1er of the Organic Law of 27 December 1990 creating budgetary funds, the available balance of the Fund for the Organization of International Exhibitions (Program 62/2) to 31 December 2000, is expended to a maximum of 481,330 francs and added to the general resources of the Treasury.
Section 33. - Ministry of Communications and Infrastructure
Art. 2.33.1
Section 2.33.2 of the Act of 22 December 2000 containing the General Estimates for the 2001 Budget Year is supplemented as follows:
"8) the amounts payable to the SNCB under the Rosetta Plan. »
Art. 2.33.2
Section 2.33.4 of the Act is supplemented as follows:
- Programme 40/1 - Studies and actions in the field of mobility, transport and internal management:
« 4) Grants related to the Presidency of the European Union".
- to programme 56/2 - Federal funding:
"4) Grant to the Mint.
5) Subsidy to the A.S.B.L. Lay.
6) Grant to Urbis.
7) Grant in Brussels 2000. »
" PROGRAMME 56/5 - Unit RER.
Regional Express Network Grants. »
CHAPTER 3. - 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 22, 2000 containing the General Estimates for the fiscal year 2001.
CHAPTER 4. - Separate Management State Services
Art. 4-01-1
The operations during the 2001 fiscal year of the Prison Labour Board (Justice), the Federal Administration (SELOR) (Public Selection), the Monetary Fund (Finance) and the Products of the Management of the Shape-Village in Casteau and the "Les Bruyères" in Mons (Finances) are re-estimated to the sums mentioned in the budgets annexed to this Act.
CHAPTER 5. - State enterprises
Royal Belgian Mint
Art. 5-01-1
The budget for the 2001 fiscal year of the State company "The Royal Mint of Belgium" is re-estimated to the sums mentioned in the table annexed to this Act.
This Act comes into force on the day of its publication in the Belgian Monitor.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.

For the consultation of the table, see image