7 JANVIER 2002. - An Act to amend the Act of 31 December 1983 of institutional reforms for the German-speaking Community (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted in We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. In Article 44 of the Act of 31 December 1983 of institutional reforms for the German-speaking Community, as amended by the laws of 16 July 1993 and 16 December 1996, the words "31 §§ 5 and 6" are inserted after the words "The articles".
Art. 3. Article 49, paragraph 1^erthe same Act, as amended by the Act of 16 July 1993, is replaced by the following provision:
"The government consists of a minimum of three members and a maximum of five members elected by the council, in accordance with the rules laid down in section 60 of the special law. »
Art. 4. The following amendments are made to section 56 of the Act:
1° on 1bis., inserted by the special law of 16 July 1993, is repealed.
2° on 3., repealed by the law of 16 July 1993, is reinstated in the following wording:
“3. Provision as compensation for the radio and television fee; "
Art. 5. In section 58 of the Act, the words "the special law of 26 January 1989 on the financing of communities and regions" are replaced by the words "the law of financing".
Art. 6. The following amendments are made to section 58bis of the Act:
1° to §§ 1^er and 3, the words "the special law of January 26, 1989 on the financing of communities and regions" are replaced by the words "the funding law";
2° to §§ 4 and 5, the words "the special law of 16 January 1989 on the financing of communities and regions" are replaced by the words "the law of financing";
3° to § 6, inserted by the law of 22 December 2000, the words "from the fiscal year 2002" are replaced by the words "from the fiscal year 2002 and until the fiscal year 2006 included" and the words "in accordance with the terms set out in Article 13, § 2, of the special law of 16 January 1989 relating to the financing of communities and regions" are replaced by the words "in accordance with the terms set out in Article 38, § 3
4° 1 § 7 is inserted, as follows:
“§ 7. As of the 2007 fiscal year, the amount obtained for the 2006 fiscal year pursuant to § 6 is adjusted annually to the rate of fluctuation of the average consumer price index, as well as to 91% of the actual growth of the gross national income of the budget year concerned, in accordance with the terms referred to in section 38, § 3ter, last paragraph, of the financing law. »
Art. 7. In article 58ter, § 5, of the same law, inserted by the law of 22 December 2000, the following amendments are made:
1st paragraph 1^er is replaced by the following provision:
"From the fiscal year 2002, the amount obtained during the fiscal year 2001 under § 4 is adjusted annually to the rate of fluctuation of the average consumer price index, as well as to the real growth of the gross national income of the budget year concerned, according to the terms set out in section 47, § 2, of the financing law. »;
2° Paragraph 2 is repealed.
Art. 8. In section 58quater of the Act, inserted by the Act of 16 July 1993, the following amendments are made:
1° in the second paragraph, the words "from the fiscal year 1994" are replaced by the words "from the fiscal year 1994 to the fiscal year 2001";
2°, after the second preambular paragraph, a new paragraph shall read:
"From the fiscal year 2002, the amount obtained in the fiscal year 2001 under the second paragraph is adjusted annually to the rate of fluctuation of the average consumer price index, as well as to the actual growth of the gross national income of the budget year concerned, in accordance with the terms set out in section 47, § 2, of the funding law. »
Art. 9. In section 58quinquies of the Act, replaced by the Act of 22 December 2000, the following amendments are made:
1° § 2 is replaced by the following provision:
“§2. For the fiscal year 2001, the amount referred to in § 1^er is adapted to the rate of fluctuation of the average consumer price index, according to the terms set out in Article 13, § 2, of the law of financing.
As of the fiscal year 2002, the amount obtained during the fiscal year 2001 under paragraph 1^er is adapted annually to the rate of fluctuation of the average consumer price index, according to the terms set out in section 38, § 3, of the financing law. »;
2° in § 4, the words "Article 58sexies" are replaced by the words "Article 58ssepties".
Art. 10. It is inserted in the same law, instead of article 58sexies, inserted by the law of 22 December 2000, which becomes article 58ssepties, a new article 58sexies, as follows:
"Art. 58sexies. § 1^er. As of the 2002 fiscal year, additional resources are granted.
§ 2. The following amounts are set:
1° for the fiscal year 2002: a percentage of the amount of 198.314.819.82 euros;
2° for the 2003 fiscal year: a percentage of the amount of 148.736.114.86 euros;
3° for the fiscal year 2004: a percentage of the amount of 148.736.114.86 euros;
4° for the fiscal year 2005: a percentage of the amount of 371.840.287.16 euros;
5° for the 2006 fiscal year: a percentage of the amount of 123.946.762.39 euros;
6° for fiscal years 2007 to 2011 included: a percentage of the amount of 24,789.352,48 euro.
The percentage referred to in paragraph 1^er is obtained by calculating the ratio between, on the one hand, the number of students belonging to the German-speaking Community established for the school year 2001-2002 according to the same criteria as those referred to in Article 39, § 2, of the Law of Financing and, on the other hand, the total number of pupils belonging to the French Community, the Flemish Community and the German-speaking Community fixed for the same school year according to these same criteria.
§ 3. For the fiscal year 2002, the total amount is equal to the amount set in § 2 for the budget year concerned.
For each fiscal year 2003 to 2006 included, the total amount is equal to the amount set out in § 2 for the fiscal year concerned, plus the total amount obtained for the previous fiscal year pursuant to this paragraph, after the latter was adjusted to the rate of fluctuation of the average consumer price index of the budget year concerned, according to the terms set out in section 38, § 3, of the law of financing.
For each fiscal year 2007 to 2011 included, the total amount is equal to the amount set out in § 2 for the fiscal year concerned, plus the total amount obtained for the previous fiscal year pursuant to this paragraph, after the latter was adapted to the rate of fluctuation of the average consumer price index, as well as to the rate of 91 % of the actual growth of the gross national income of the fiscal year concerned, according to the terms set out in § 3
As of the 2012 fiscal year, the total amount is equal to the total amount obtained for the previous fiscal year pursuant to this paragraph, after the latter has been adjusted to the rate of fluctuation of the average consumer price index, as well as to 91% of the actual growth of the gross national income of the relevant fiscal year, in accordance with the terms set out in section 38, § 3ter, last paragraph, of the funding law.
§ 4. Additional means referred to in § 1^er are set as follows:
1° for the fiscal year 2002: the amount obtained under § 3, paragraph 1^er;
2° for each fiscal year 2003 to 2011 included, the total amount obtained under § 3, after deduction of the amount fixed in § 2 for the fiscal year concerned, is multiplied annually by the adjustment factor referred to in Article 58quinquies, § 3.
The amount obtained pursuant to the preceding paragraph shall be increased from the amount set out in § 2 for the relevant fiscal year;
3° from the fiscal year 2012, the total amount obtained under § 3 is multiplied annually by the adjustment factor referred to in Article 58quinquies, § 3. »
Art. 11. The following amendments are made to the new article 58s:
1° § 5 is replaced by the following provision:
Ҥ 5. From the 2002 fiscal year and to the 2006 budget year included, the total amount of the credit to the state budget referred to in section 56, 2. is as follows:
1° the amount obtained under Article 58bis, § 6;
2° the amount obtained under section 58ter, § 5, or, if applicable, for the fiscal year 2005, the amount retained under section 58ter, § 6;
3° the amount obtained under section 58quater;
4° the amount obtained under Article 58quinquies, § 4;
5° the amount obtained under section 58sexies;
6° an annual fixed amount of 275161.81 euros. »;
2° it is inserted a § 6, written as follows:
Ҥ 6. As of the 2007 fiscal year, the total amount of the credit to the state budget referred to in Article 56, 2. is as follows:
1° the amount obtained under Article 58bis, § 7;
2° the amount obtained under Article 58ter, § 5;
3° the amount obtained under section 58quater;
4° the amount obtained under Article 58quinquies, § 4;
5° the amount obtained under section 58sexies;
6° an annual fixed amount of 275161.81 euros. "
Art. 12. An article 58octies, as follows, is inserted in the same law:
"Art. 58octies. An amount equal to 0.8428 % of the amount obtained under section 62bis, paragraph 1^er, the funding law is assigned to the German-speaking Community. "
Art. 13. An article 58novies, as follows, is inserted in the same law:
"Art. 58novies. An allowance is granted annually to the German-speaking Community as compensation for the radio and television fee.
The basic amount of this allocation is set as the average, for the fiscal years 1999 to 2001 included, of the net proceeds of the radio and television royalty located in the German-speaking Community, in accordance with the localization criterion, as defined in Article 5, § 2, 9°, of the Financing Act. The net product is expressed in 2002 prices.
As of the fiscal year 2003, the amount obtained under paragraph 2 is adjusted annually to the rate of fluctuation in the average consumer price index for the fiscal year in question, in accordance with the terms set out in section 38, § 3, of the funding law.
The allocation referred to in paragraph 1 shall consist of a portion of the proceeds of the tax of natural persons. »
Art. 14. Section 59 of the Act, as amended by the Act of 16 July 1993, is replaced by the following provision:
"Art. 59. Articles 5, § 3bis, 8, 11, 53 and 68bis of the Law of Financing are applicable to the German-speaking Community, with necessary modifications. »
Art. 15. Section 60bis of the Act, inserted by the Act of 18 July 1990, is replaced by the following provision:
"Art. 60bis. Articles 50, 51, 52 and 54, § 1^erParagraphs 1^er and 3 and § 2, and Article 62bis, paragraph 4, of the Law of Financing, are applicable to the German-speaking Community, with necessary modifications. »
Art. 16. Article 89, as follows, is inserted in the same law:
"Art. 89. Article 88, § 3bis, paragraph 1^erthe special law of 8 August 1980 of institutional reforms is applicable to the German-speaking Community, with necessary modifications. »
Art. 17. This Act comes into force on 1^er January 2002.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 7 January 2002.
ALBERT
By the King:
The Prime Minister,
G. VERHOFSTADT
Deputy Prime Minister and Minister for Foreign Affairs,
L. MICHEL
Deputy Prime Minister and Minister of Budget, Social Integration and Social Economy,
J. VANDE LANOTTE
Minister of Finance,
D. REYNDERS
Seen and sealed the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Note
Senate.
Parliamentary documents.
2-783 - 2000 / 2001
001: Bill.
002: Report.
003: Amendment.
Annales parliamentarians.
Discussion and adoption. Meetings on 10 and 12 July 2001.
House of Representatives.
Parliamentary documents.
50 1354 / (2000/2001):
001: Project transmitted by the Senate.
002: Amendments.
003: Report.
004: Text adopted in plenary and subject to Royal Assent.
Annales parliamentarians.
Discussion and adoption. Session of December 13, 2001.