belgiquelex.be - Carrefour Bank of Legislation

19 JULY 2001. - Program Act for the fiscal year 2001 (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
PART I^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
PART II. - Social affairs and pensions
CHAPTER I^er. - Accountability of public social security institutions
Art. 2. Article 5, § 2, of the Royal Decree of 3 April 1997 on measures for the accountability of public social security institutions, pursuant to Article 47 of the Act of 26 July 1996 on social security modernization and ensuring the viability of legal pension schemes, is supplemented by the following paragraph:
"The King sets the date of entry into force of 7° and 8° of this paragraph. »
Art. 3. Article 11, § 2, paragraph 2, of the same order is replaced by the following provision:
"In the management budget, a distinction is made between staff costs, operating expenses and investment expenditures. »
Art. 4. In article 14, § 2, of the same order, the words "variable operating conditions relating to goods and services or for investment expenses" are replaced by the words "investment or operating expenses related to the investment program".
CHAPTER II. - Adaptation of the bond regime to the Consumer Price Index for certain social benefits
Art. 5. In section 6 of the Act of 2 August 1971 organizing a system of linking to the index of prices to the consumption of salaries, wages, pensions, allowances and subsidies to the public treasury, certain social allowances, the limits of remuneration to be taken into account when calculating certain amounts of the social security of workers, as well as the social obligations imposed on the independents, replaced by the program law of 2 January 2001, are made the following amendments:
(a) in paragraph 1 , the 3rd is supplemented by the words "with the exception of expenses that are paid in the month preceding the month to which they relate, or on the first working day of the month concerned, for which the increase or decrease is applied from the second month following the month in which the index reaches the figure that justifies an amendment";
(b) paragraph 2 is repealed.
Art. 6. Article 6 of the law of 1^er March 1977 organising a regime for linking the Consumer Price Index of the Kingdom with certain expenditures in the public sector, as amended by the Program Law of 2 January 2001, are amended as follows:
(a) paragraph 1^er, 3°, is replaced by the following provision:
"3° in other cases from the first month following the month in which the index reaches the figure that justifies an amendment. However, for the salaries and salaries referred to in Article 1^er§ 1^er(a), (1), for pensions, allowances and annuities referred to in section 1^er§ 1^er, (a), (2) to (4) to the extent that they are paid in the month preceding the month to which they relate, or on the first working day of the month concerned, as well as for the allowances, subsidies and allowances referred to in section 1^er§ 1^er, a), 5) and 6), the increase or decrease is applied only from the second month following the month in which the index reaches the figure that justifies the change. »;
(b) paragraph 2 is repealed.
CHAPTER III. - Amendment of the Act of 26 July 1960 on the reorganization of family allowance organizations
Art. 7. Section 7 of the Act of 26 July 1960 on the reorganization of family allowances, replaced by section 1^er of the Royal Decree of 28 November 1978, the following amendments are made:
(a) at the 5th of the Dutch text, the words "De Socialistische Vooruitziende Vrouwen" are replaced by the words "Socialist Women";
(b) at 9°, the words "Social Aid Centre" are replaced by the words "Social Aid Centre" Vooruitziende Vrouwen.
CHAPTER IV. - Amendments to the co-ordinated laws relating to family allowances for employees
Art. 8. The following amendments are made to section 66 of the co-ordinated laws of 19 December 1939 relating to family allowances for employed workers:
1st paragraph 1^er, replaced by Royal Decree No. 122 of 30 December 1982, is replaced by the following paragraph:
"The priority attribute pursuant to section 64 may give its agreement that the attribute that is not a priority under the said article obtain priority for a specified or indeterminate duration, if it considers that it is in the child's interest. The priority may be assigned to an attribute that is part of the child's household provided that it is his father, mother, stepfather, stepmother or a person with whom the father or mother forms a de facto household within the meaning of Article 56bis, § 2. If these attributes, including possibly the priority attribute under section 64, are not part of the child's household, the priority may be assigned to another attribute that is part of that household. This agreement can only be denounced in the child's interest. »
2° Paragraph 2, replaced by Royal Decree No. 122 of 30 December 1982 and amended by the Act of 22 December 1989, is replaced by the following paragraph:
"The change in priority referred to in paragraph 1^er produces its effects in accordance with Article 64, § 3. However, at the request of the priority attribute pursuant to Article 64, the change of priority produces its effects on a date prior to that determined in accordance with Article 64, § 3, provided that the change of priority implies a higher amount of family allowances. "
Art. 9. In Article 102, § 1^er, of the same laws, restored by the Royal Decree of 10 December 1996 and amended by the Act of 4 May 1999, paragraphs 3 and 4 are repealed.
CHAPTER V. - Amendments to the Industrial Accidents Act
Art. 10. Section 49, paragraph 8, of the Labour Accidents Act of 10 April 1971, inserted by the Royal Decree of 6 December 1978 and amended by the Act of 30 December 1992, is replaced by the following provision:
"However, the employer retains the opportunity to provide to separate insurers the staff of different operating seats and all home people at its service. »
Art. 11. Section 59quater, paragraph 2, of the Act, replaced by Royal Decree No. 530 of 31 March 1987, is replaced by the following provision:
"The debtor who does not pay the amounts referred to in paragraph 1^er within the time limits set by the King, is liable to the Labour Accidents Fund of a majoroon and to a late interest. The King determines the amount, conditions of application, collection and recovery of this increase and the interest of delay. »
CHAPTER VI. - Amendments to the Act of 29 June 1981 establishing the general principles of social security for wage workers
Art. 12. § 1^er. Article 38, § 3bis, paragraph 10, of the Act of 29 June 1981 establishing the general principles of social security of employed workers, inserted by Royal Decree No. 474 of 28 October 1986, is replaced by the following paragraph:
"The proceeds of the salary allowance for subsidized contractors referred to in Royal Decree No. 474 of 28 October 1986 establishing a state-funded contractual regime with certain local authorities, which is due to the National Social Security Office of the provincial and local administrations by the affiliated administrations, are added to the proceeds of the employer contribution for family benefits, referred to in Article 3, 3°, of the law of the^er August 1985 with social provisions. The total proceeds are intended for the financing of family benefits to be paid by the Agency. »
§ 2. Paragraph 11 is repealed in section 38, § 3bis.
CHAPTER VII. - Banque-carrefour
Art. 13. It is included in Chapter II of the Act of January 15, 1990 on the institution and organization of a Crossroads Bank of Social Security, section 4, as follows:
“Section 4. - The execution of other missions
Art. 8bis. - Bank-Carrefour can carry out information management and information security missions, which are entrusted to it by the federal public information and communication technology service. »
Art. 14. In section 35 of the Act, a 1°bis is inserted, as follows:
"1°bis a possible annual allocation in the budget of the federal public service information and communication technology covering the costs incurred by the Banque-carrefour to carry out the tasks referred to in section 8bis; "
CHAPTER VIII. - Amendments to the Health Care Insurance and Compensation Act, coordinated on 14 July 1994
Art. 15. In section 59 of the Health Care and Compensation Insurance Act, coordinated on 14 July 1994, as amended by the Acts of 12 August 2000 and 2 January 2001, the following amendments are made:
A. Paragraph 2 is replaced by the following:
"In addition to the non-hospitable beneficiaries, in 2001, taking into account the entry into force of the savings to 1^er May 2000, half of the amounts that correspond to the algebraic differences between the overall financial budgets and the expenditures recorded by the insurers for the benefit in question, recorded in the years 1999 and 2000; the other half was added in 2002. From 1^er January 2002 is added to the apportioned budgets the amount that corresponds to the algebraic difference between the overall financial resources budget and the expenditures recorded by the insurers for the benefit in question, recorded in the year preceding that for which the overall budget is set.
The portion of the hospitalized recipients is added, beginning in 2002, the amount that corresponds to the algebraic difference between the overall financial resources budget and the expenditures recorded by the insurers for the benefit in question, recorded in the year preceding that for which the overall budget is set. In addition, during the year 2002, the similar difference to the years 1999 and 2000. »
B. In paragraph 4, between the words "after notice" and the words "of the commission" are inserted the words "within ten working days".
Art. 16. Article 69, § 1^erthe same Act, as amended by the Act of 20 December 1995, is supplemented as follows:
"With respect to the application of the provisions of section 59, the amounts that correspond to the algebraic differences between the overall financial budgets and the expenditures recorded by the insurers for the benefits in question, recorded in the years 1999 and 2000. From 1^er January 2002 is added to the apportioned budget the amount that corresponds to the algebraic difference apportioned between the overall financial resources budget and the expenditures recorded by the insurers for the benefits in question, recorded in the year preceding that for which the overall budget is set. »
PART III. - Employment and work
CHAPTER I^er. - Changes to the Participation Fund
Art. 17. Article 74, § 1^er, 3°, of the Act of 28 July 1992 on tax and financial provisions, replaced by the Royal Decree of 17 February 1997, is replaced by the following text:
"3° to grant a subordinate loan, named launch loan, to the unoccupied job applicant wishing to establish themselves as an independent or to create a business and contribute to the financing of his training and support in the management of his business."
Art. 18. In Article 2, § 3,1., of the Act of 5 December 1968 on collective labour agreements and parity commissions, the words "the Participating Fund" are added after the words "the National Office of the Ducroire".
CHAPTER II. - Education
Art. 19. Article 121, § 2, paragraph 3, of the Law of Recovery of 22 January 1985 containing social provisions, as amended by the Royal Decree of 28 March 1995, is supplemented as follows:
"This amount is used by the National Employment Office for the liquidation of claims introduced by employers, relating to paid education leave, pursuant to Article 7, § 1^er, paragraph 3 (h), of the Decree-Law of 28 December 1944 concerning the social security of workers. »
Art. 20. In Article 123, paragraph 1^er, of the same law, as amended by the Royal Decree of 19 May 1995, the words "at the Ministry of Employment and Labour" are replaced by the words "at the National Employment Office".
Art. 21. Section 23-2 of the table annexed to the Organic Law of 27 December 1990 creating budgetary funds is repealed.
Art. 22. In Article 7, § 1^er, paragraph 3, of the Decree-Law of 28 December 1944 concerning the social security of workers a littera h), repealed by the law of 16 April 1963, is reinstated in the following wording:
"(h) ensure the reimbursement of wages and social contributions for paid leave-education, on the basis of the lists introduced by employers to the Ministry of Employment and Labour pursuant to section 120 of the Recovery Act after verification by this department of the compliance of the claim for reimbursement to the legal and regulatory provisions. »
Art. 23. This chapter produces its effects on 1^er January 2001, with the exception of section 19, which comes into force on 1^er January 2002.
However, by derogation from the preceding paragraph, the disposition of claims to the intervention of the means of the organic budgetary fund referred to in section 19, carried out before 20 April 2001, remains valid. The means that, at that time, were still available to the same fund or that, since that date, have been granted to the same fund by the bodies responsible for the collection of social security contributions, are transmitted to the National Employment Office within the month following the publication of this law to the Belgian Monitor.
PART IV. - Finance
CHAPTER I^er. - Income Tax Code 1992
Art. 24. Section 269 of the Income Tax Code 1992, replaced by the Act of 30 March 1994 and amended by the Acts of 20 December 1995, 10 February 1998, 22 December 1998 and 10 March 1999, is supplemented by the following paragraph:
"To the extent that the shares or shares referred to in paragraph 2, 2°, and paragraph 3, a and b, are exchanged for shares or shares issued from 1^er January 1994 on the occasion of a merger, split or adoption of another legal form, carried out either under Article 211, § 1^er, or 214, § 1^er, in accordance with similar provisions of another Member State of the European Union, the provisions of this Article which are applicable to shares or shares exchanged continue to apply to shares or shares received in exchange, as if the transaction had not taken place. »
Art. 25. Section 24 is applicable to dividends awarded or paid from 1^er January 2001.
CHAPTER II. - Amendments to the Act of 2 August 1955 deleting the Public Debt Fund
Art. 26. In article 3, paragraph 2, of the Act of 2 August 1955 deleting the Public Debt Fund, the words "and one of which will be chosen on a double list of candidates presented by the National Bank of Belgium and the other on a double list of candidates nominated by the General Fund of Savings and Retirement" are replaced by the words "and chosen on a list of four candidates drawn by Belgium".
CHAPTER III. - BELFIN
Art. 27. From 1^er July 2001, the State resumes the loans that were contracted under State guarantee by the SA BELFIN for the financing of the State's participation in the capital of SABENA, pursuant to articles 20 to 24 of the Act of 20 July 1991 on budgetary provisions.
The total outstanding amount of these loans is 11 153,700,000 Belgian francs.
This amount is taken back in the situation of the "debtedness of the sector - loans whose interest and amortization charges are borne by the State".
It will be transferred from the "debted debt" to the "Public debt" by the state at 1^er July 2001.
CHAPTER IV. - Alternative financing
Art. 28. Section 46 of the Act of 26 March 1999 on the Belgian Employment Action Plan 1998 and with various provisions is replaced by the following provision:
“Art. 46. - The total amount of proceeds from the taxation of benefits referred to in sections 42, §1^er and 43, § 8, is assigned, according to the percentages set out in accordance with Article 66, § 2, 3°, of the law of January 2, 2001 relating to the social, budgetary and various provisions, to the overall SONS-management referred to in Article 5, paragraph 1^er, 2°, of the law of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers, and the fund for the financial balance of the social status of independent workers, referred to in article 21bis of Royal Decree No. 38 of 27 July 1967 organizing the social status of independent workers. »
Art. 29. The amounts referred to in Article 66, § 1^er, paragraph 2, and § 2, 1°, of the law of 2 January 2001 on social, budgetary and various provisions are for the fiscal year 2001 increased only once 1,750 million Belgian francs.
For the fiscal year 2001, the amount referred to in section 66, § 2, 1°, of the same law and adapted in accordance with paragraph 1^er, may also be used to fund the police initiatives referred to in section 1^er§ 2quater of the law of 1^er August 1985 with social provisions.
PART V. - Telecommunications, business and public participation
CHAPTER I^er. - Telecommunications
Art. 30. Article 84, § 1^er, 8°, of the Act of 21 March 1991 reforming certain economic public enterprises, replaced by the Act of 19 December 1997, the words "at points 1, 2, 3 and 4" are replaced by the words "at points 1, 2 and 3".
Art. 31. In article 86ter of the same law, it is added a paragraph 4, which reads as follows:
“§4. Belgacom provides a special telephone rate at its expense for political and weekly newspapers and general information and news agencies established in Belgium and with which the majority of newspapers with national or wide-spread distribution in Belgium have signed a subscription contract. »
Art. 32. Section 105bis of the Act, inserted by the Royal Decree of 28 October 1996, and confirmed by the Act of 19 December 1997, as amended by the Act of 19 December 1997, by the Royal Decree of 6 November 1999 and by the Act of 3 July 2000, is supplemented by the following paragraphs:
"The mobile telecommunications service operators offered to the public, as well as the natural or legal persons to whom they have entrusted the marketing of their services, make it easier to carry the number to the end users. This facility allows end-users of mobile telecommunications services to keep their number regardless of the operator or the person they have chosen for the delivery of these services.
The King sets out, on the advice of the Institute, the basic rules for the implementation of the service, the methodology for the setting of costs and the distribution of these costs among the parties concerned.
The Minister sets out the conditions for the implementation of the facility, on the advice of the mobile telecommunications service operators offered to the public and of the natural or legal persons to whom they have, if any, entrusted the marketing of their services and the Institute. In light of the above, these providers are required to submit a proposal to the Institute at the request of the Institute. The Institute calculates costs and publishes them every year.
Until the portability of the numbers referred to in paragraph 11 of this article becomes effective, all mobile telecommunications operators offered to the public as well as the natural or legal persons to whom they have entrusted the marketing of their services, shall provide, from 1^er January 2002, a call interception device to end-user numbers that passed to another telecommunications service provider offered to the public. This device must inform the caller, entirely for free and for a minimum period of three months, by means of a standardized message, that the caller has changed number and that the caller can contact a number 0800 to get the new number of the caller. Through the number 0800 of the operator or the data subject, the caller receives the new number of the end user that he wishes to reach by introducing the old number of the end user.
The Minister sets out on the Institute's proposal the necessary regulations for this interception device. »
Art. 33. An article 128bis, as follows, is inserted in the same law:
"Art. 128bis. - Section 105bis, paragraph 11, comes into force on the effective date of the enforcement order referred to in paragraph 12. »
Art. 34. In Appendix B of Schedule 1 to the Act, inserted by the Act of 19 December 1997, item 4. is repealed.
Art. 35. In the title of Schedule 3 to the Act, the words "Article 86ter, § 2" are replaced by the words "Article 86ter, §§ 2 and 4".
Art. 36. Appendix 3, section 1^er, paragraph 6, of the same law, the words "Article 86ter, § 2" are replaced by the words "Article 86ter, §§ 2 and 4".
Art. 37. In Schedule 3 of the Act, an article 4 is added as follows:
“Art. 4. - According to article 86ter, § 4, the operator offers to the political and weekly newspapers and general information and to the press agencies established in Belgium and with which the majority of newspapers with national or wide-spread distribution in Belgium have subscribed a subscription contract, a 50% reduction on subscription fees to the voice service and on the charges of telephone communications zonal and interzonal for the connections installed Weekly information means a weekly newspaper written on the same paper and in the same format as a newspaper, with the exception of magazines and illustrated.
The tariff reduction may not exceed a de minimis aid within the meaning of Article 2 of Commission Regulation (EC) No 69/2001 of 12 January 2001 concerning the application of Articles 87 and 88 of the EC Treaty to the de minimis aids. The operator shall grant this reduction only after the verification provided for in section 3, paragraph 1^er, paragraph 2, of the said regulations. The information to be provided by the beneficiary company of the reduction under paragraph 1^er the same paragraph must be addressed to the operator. »
Art. 38. The appointments of Messrs Callens, Patric JA, Jubary, Roland A. and Lardin, Claude CJG, who were appointed Technical Directors at the Belgian Institute of Postal Services and Telecommunications on 1^er February 1994.
CHAPTER II. - Buildings Regime
Art. 39. An article 248quater, which reads as follows, is included in the Act of 7 December 1998 organizing an integrated police service, structured at two levels:
"Art. 248quater. § 1^er. Real property, properties of the Belgian state and managed by the Régie des Bâtiments (administrative and logistical buildings and their land), which are necessary for the accommodation of federal officials, which pursuant to the law of 7 December 1998 organizing the integrated police service, structured at two levels, are moved to the local police, are transferred in whole or in part to the municipalities or multi-communal police areas in which the immovable property concerned. Municipalities or multi-communal police zones reclaim the rights, obligations and charges of the Buildings Regime regarding transfers of immovable property.
The conditions and modalities of the transfer and the mechanisms of correction, with a view to equitable treatment of municipalities and the multi-communal police zones are determined by a royal decree deliberated in the Council of Ministers.
The correction mechanisms will mainly take into account the surface, age and state of each building.
The list of immovable property to be transferred is fixed by a royal decree deliberated in the Council of Ministers and published in the Belgian Monitor. This publication makes the transfer opposable to third parties without any other formality.
§ 2. The municipalities and the multi-communal police zones shall regain the rights, obligations and expenses of the Buildings Regime that come from the lease agreements that the Régie has concluded to the extent that they relate to buildings or parts of buildings (administrative and logistical buildings) for the accommodation of federal officials who, pursuant to the law of 7 December 1998 organizing the integrated police service, structured at two levels, are transferred to the local police.
The list of these buildings or parts of buildings is fixed by a royal decree deliberated in the Council of Ministers.
The Buildings Authority is authorized to negotiate with the owners the total or partial transfer of the lease contract.
The management of the rentals is carried out according to the principles defined in the Royal Decree cited in paragraph 1^erParagraph 2. »
PART VI. - Average classes and agriculture
CHAPTER I^er. - Amendments to the Organic Law of 27 December 1990 creating budgetary funds - section 31
Art. 40. In the table annexed to the Organic Law of 27 December 1990 creating budgetary funds, as amended by the Acts of 6 August 1993 and 22 February 1998, the following amendments are made to the heading "31-Agriculture":
1° to sub-rubrication "31-1 Health and Quality Funds for Animals and Animals": under the heading " Nature of Authorized Expenditures", is added the following paragraph: "Personal and Operating Expenses";
2° to sub-rubrication "31-2 Raw Materials Fund" is added the following paragraph: "Personal and Operating Expenses";
3° to the sub-rubrication "31-3 Farm Funds": under the heading "Nature of affected revenues", the following modifications are made:
- the words "Articles 2 and 3 of Regulation (EEC) No 729/70" are replaced by the words "Article 1^erParagraph 2 of Regulation (EC) No. 1258/1999;
- the words "Regulation (EEC) No 1723/72" are replaced by the words "Article 7 of Regulation (EC) No 1258/1999;
- the words "Article 8 of Regulation (EEC) No. 729/70" are replaced by the words "Article 8 of Regulation (EC) No. 1258/1999";
- the following revenues are added:
EU aids for the implementation of the control regime in force under the Common Fisheries Policy in accordance with the Regime. 2847/93 »;
Means reinvested from the social contributions of solidarity referred to in Royal Decree No. 12 of 26 February 1982 and Royal Decree No. 186 of 30 December 1982, to the variable credits required in the basic allowance 31.52.20.21.04 and, from the fiscal year 2002, to the national surcharges of pre-retirement dependant of the Ministry of Average Classes and Agriculture granted after the age of 23,
the following amendments are made:
- the words "Regulation (EEC) No. 729/70" are replaced by the words "Regulation (EC) No. 1258/1999";
- the following costs are added:
Remunerations and grants of all species for non-status personnel of the Administration of Agricultural Production Management (DG 3), responsible for the execution of the missions of the paying agency of the FEOGA-Garantie and the monitoring and evaluation unit of the federal program of sustainable development;
Pre-financing interest expenditures by the Social Statute of the Independants of Early Pensions for Recipients of the Act of 23 December 1994 and, as of the fiscal year 2002, national surcharges of pre-retirement dependants of the Ministry of Average Class and Agriculture granted after the age of 65 to beneficiaries of the Act of 23 December 1994;
National Income Assistance Programs in Agriculture under the Regulations. (EEC) Nos. 805/68, 1527/95 and 2443/96, and the decision of the Council of Ministers of 10 November 1995 following currency fluctuations;
National expenditures for the monitoring system of the Common Fisheries Policy pursuant to the Reg. (EC) No. 2847/93;
National expenditures of federal measures relating to the sector plan for fisheries structures (Rule (EEC) No. 3699/93);
National expenditures of the federal sustainable development plan under the Regime. (EC) No. 1257/1999;
The expenses of the FEOGA-Garantie of the federally approved FEOGA-Garantie payers that are denied by the European Commission as part of the approval of the FEOGA-Garantie accounts in accordance with Regulation (EC) No. 1258/1999;
4° to the sub-rubrication "31-4 Funds for Plant Production and Protection":
the following paragraph is added: "Personal and Operating Expenses".
PART VII. - Defence
CHAPTER I^er. - Extension of the provisions of the organic law creating budgetary funds
Art. 41. § 1^er. It is established a fund for the reuse of revenues from the disposal of surplus equipment, materials or ammunition as part of the assets entrusted to the management of the Minister of Defence and a fund for the reuse of revenues from the alienation of immovable property that is part of the assets entrusted to the management of the Minister of Defence, which constitute budgetary funds within the meaning of section 45 of the laws on State accounting, coordinated on July 17, 1991.
§ 2. The table annexed to the Organic Law of 27 December 1990 establishing budgetary funds, section 16 - National Defence, is supplemented as follows:
« Name of the organic budget fund:
16-2 Income Recruitment Fund from the Disposal of Surplus Equipment, Materials or Ammunition as part of the assets entrusted to the management of the Minister of Defence.
Nature of income affected
Product of the disposal of surplus equipment, materials or ammunition being part of the assets entrusted to the management of the Minister of Defence.
Nature of authorized expenditures
Investment expenditures and expenditures related to disposal operations.
Name of the organic budget fund:
16-3 Funds for the reuse of income from the alienation of immovable property as part of the heritage entrusted to the management of the Minister of Defence.
Nature of income affected
Product of the paragraphtion of immovable property that is part of the heritage entrusted to the management of the Minister of Defence.
Nature of authorized expenditures
Investment expenditures for infrastructure work and related expenditures for paragraphtion operations. »
§ 3. Revenues derived from the alienation of immovable property that are part of the real estate property entrusted to the management of the Minister of Defence in accordance with section 150 of the Act of 26 June 1992 on social and other provisions are paid to the open employment fund.
§ 4. By derogation from Article 143 of the Acts on State Accounting, coordinated on 17 July 1991, the Minister of Defence or the delegated official is authorized, provided that the legislation on public procurement is respected, to dispose of the equipment, materials and ammunition that have become surplus and are part of the assets entrusted to the management of the Minister of Defence.
This alienation may take the following legal forms:
- sales contracts;
- agreements relating to third-party service benefits in return for the total or partial disposal of by-products and by-products provided by these benefits;
- conventions of mutual transfers and exchange with other departments as well as with Belgian or foreign firms and third countries;
- donation to third countries and humanitarian organizations.
The possible balance of operations stipulated in the conventions regulating these aliénations will be the subject of an imputation, either to the National Defence budget or to the budgetary fund.
CHAPTER II. - Social communications and postal mail
Art. 42. The Minister of Defence is authorized, with respect to personnel located abroad, for a period of not less than two weeks, as part of the assistance and operational engagement operations or as part of the fiscal year, to take partially charge of the budget the costs associated with communications in a private and fully budgeted manner the costs associated with postal shipments in a private capacity.
The Minister of Defence is responsible for the execution of this care, particularly in the circumstances of each operation.
CHAPTER III. - Risk insurance in operation
Art. 43. 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 their performance abroad as part of the operational implementation of the Armed Forces or humanitarian assistance. The insurance premium is fully covered by the Defence budget.
CHAPTER IV. - Hospital insurance
Art. 44. 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.
CHAPTER V. - Granting financial assistance to foreign trainees
Art. 45. As part of international cooperation, the Minister of Defence is authorized, with respect to foreign trainees, to take charge of the budget, 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 in accordance with the specificities of the internship.
CHAPTER VI. - Financing of the National Geographic Institute
Art. 46. Article 12, § 1^er, of the Act of 8 June 1976 establishing the National Geographic Institute, as amended by Royal Decree No. 234 of 22 December 1983, is replaced by the following provision:
« § 1^er. The financial resources of the Institute are provided by:
1. an annual subsidy, determined by the government and budgeted by the Ministry of Defence;
2. borrowings that it is authorized to issue under the State guarantee;
3. the product of all operations that it performs;
4. gifts and bequests;
5. the rents and royalties it receives;
6. the income of his own. »
CHAPTER VII. - Creation of a separate management state service
Art. 47. § 1^er. The services of the Ministry of National Defence responsible for HORECA activities constitute a separate management state service within the meaning of Article 140 of the State Accounting Laws, coordinated on 17 July 1991.
§ 2. Special services may be established within the Ministry of National Defence, according to rules established by the King, with a view to carrying out activities of a social, cultural, educational, sporting or public relations character.
CHAPTER VIII. - Free care for National Defence staff
Art. 48. Without prejudice to the free care of which the military invalid of the time of war or assimilated shall be borne by the National Institute of the Invalides of War, Veterans and Victims of War (INIG) and without prejudice to the compensation provided by the law of July 3, 1967 on the prevention or repair of the damage resulting from the accidents of work, the accidents occurring on the way of work and occupational diseases in the public sector, the Minister of
The conditions and conditions of free care are determined by a royal decree deliberated in the Council of Ministers.
CHAPTER IX. - Public markets
Art. 49. In Article 3, § 4, of the Act of 24 December 1993 on public procurement and certain contracts of work, supplies and services, inserted by the law of 12 August 2000, the words "of any kind" are inserted between the words "in the framework of international cooperation" and the words "consolidating predominantly".
Art. 50. Section 6, paragraph 2, of the Act, inserted by the Act of 12 August 2000, is repealed.
PART VIII. - Chancellery and General Services
Art. 51. For the management of the International Press Centre, it is created within the Federal Public Service " Chancellery and General Services" a separate state service, as defined in Article 140 of the State Accounting Laws, coordinated on 17 July 1991.
The execution modalities are determined by the King, by a deliberate decree in the Council of Ministers.
TITEL IX. - Public Service
Art. 52. By deliberately decreed in the Council of Ministers, the King may take measures, within the framework of the creation of federal public services, to the Royal Decree of 7 November 2000 establishing and constituting common bodies in each federal public service, to:
1° adapting the terminology of legal provisions;
2° modify the activities and the organization and resolve the transfer of goods and means including the staff of or to public interest organizations.
This delegation will be valid until December 31, 2002 inclusive.
TITRE X. - Interior
Art. 53. A fund for the delivery of clothing and equipment for payment to police personnel is created. It constitutes a budgetary fund within the meaning of Article 45 of the laws on State Accounting, coordinated on 17 July 1991.
In the table, attached to the Act of 27 December 1990 on the establishment of budgetary funds, the "Section 17 - Force" is supplemented with the following provisions:
Name of the organic budget fund:
17-2: Fund for delivery of clothing and equipment for payment to police personnel.
Nature of income affected:
Output of payments made by:
- members of the federal and local police for deliveries that exceed their basic endowment;
- multi-communal police areas or municipalities for deliveries to local police personnel within the limits of the basic endowment granted.
Nature of authorized expenditures:
Expenditures for purchases that are necessary for the renewal of holding stocks and equipment following these deliveries.
Art. 54. The Minister of the Interior is authorized to make a recipe and to allocate payments made by the multi-communal police zones or municipalities for administrative and logistical support provided at their request by the federal police. These payments will be paid on the Ways and Means Budget with as destination the organic budget fund 17-1 "Payment Benefits Fund".
PART XI. - Mobility and transport
CHAPTER I^er. - Modification of FAMCIA
Art. 55. In the table annexed to the Organic Law of 27 December 1990 creating budgetary funds, as amended by the Act of 24 December 1993 and by the Act of 12 August 2000, the following amendments are made to section 33 - Communications and Infrastructure:
1° the name of the Organic Budget Fund: 33-3-Aeronautics Monitoring and Inspection (FAMCIA) Fund, is replaced by "Funds for the Financing and Improvement of Control, Inspection and Investigation Means and Aeronautics Prevention Programs";
2° the section "Nature of affected revenues" is completed as follows:
Revenues from the application of Article 14 of the Royal Decree of 14 February 2001 setting the royalties to which the use of public services relevant to air navigation is subject;
3° the section " Nature of authorized expenses" is completed as follows:
Costs related to accident and aviation incident investigations and the promotion of aviation safety prevention programs.
CHAPTER II. - Regional Express Network
Art. 56. § 1^er. It is created a Fund for the establishment of the Regional Express Network - RER - in and around Brussels which constitutes a budgetary fund within the meaning of Article 45 of the laws on State accounting, coordinated on 17 July 1991.
§ 2. In the table annexed to the Organic Law of 27 December 1990 establishing budgetary funds, as amended by the Act of 24 December 1993, section 33 - Communications and Infrastructure, is supplemented as follows:
« Name of the Organic Budget Fund:
33-5-Fonds for the establishment of the RER Regional Express Network in and around Brussels (RER Fund).
Nature of authorized expenditures:
The fund is primarily used to invest in rail infrastructure necessary for the needs of the Regional Express Network in and around Brussels.
As long as these expenses are borne by the federal state, this fund may incidentally cover the costs of studies inherent in the establishment of the RRSP and the expenditures related to the structure created within the administration in order to ensure the effective and optimal use of the means granted to the fund, especially based on the progress of the work.
Nature of income affected:
Financial means paid by the Federal Corporation of Participations and other revenues qi may be allocated to the fund by law.
PART XII. - Social integration
CHAPTER I^er. - Amendments to the Act of 27 February 1987 on Disability Allowances
Art. 57. In Article 16, § 3bis, paragraph 1^er, from the Act of 27 February 1987 on Disability Allowances, amended by the Act of 22 February 1998, the Royal Decree of 5 July 1998 and the Act of 25 January 1999, the words "if, at that time, the recovery decision had not yet been notified to the person concerned" are deleted.
Art. 58. In section 28 of the Act, as amended by the Acts of 22 December 1989, 30 December 1992 and 12 August 2000, the following paragraph shall be inserted between paragraphs 2 and 3:
"In respect of the limitation of the repetition of benefits, referred to in paragraph 2, unduly paid, section 16 of this Act is applicable. »
CHAPTER II. - Asylum seekers
Art. 59. For the management of the sports infrastructure of the asylum seekers' reception centre in Westende, a separate management state service is established, as defined in Article 140 of the State Accounting Acts, coordinated on 17 July 1991.
The King determines the name of the said State service as well as the amounts of royalties related to the use of infrastructure.
Art. 60. It is created, with the Minister who has the reception of refugees in his or her duties, under the name "Federal Agency for the reception of asylum seekers", hereafter referred to as "the Agency", a public body with legal personality, classified in category A as referred to in the Act of March 16, 1954 relating to the control of certain bodies of public interest.
Art. 61. Article 1^er of the Act of 16 March 1954 on the Control of Certain Public Interest Organizations, Class A is supplemented by the words: "Federal Agency for the Welcoming of Asylum seekers", to be inserted in alphabetical order.
Art. 62. § 1^er. The purpose of the Agency is to ensure the organization and management of the various terms and conditions for asylum seekers, as well as the coordination of voluntary return and agreements with third parties for asylum seekers' reception services.
§ 2. The Agency is also responsible for the monitoring and monitoring of the quality of the reception in all hospitality packages.
§ 3. The Agency is placed under the Minister's control and, on the orders of the Minister, ensures the preparation, design and execution of the policy.
Art. 63. The King determines, by deliberate decree in the Council of Ministers, the structure, organization and operation of the Agency.
The Agency may, for all its personnel needs to carry out the assignments assigned to it, hire staff by work contract.
Art. 64. Staff, institutions, services and agencies, as well as movable and immovable property, which are part of the Agency's tasks described in section 63, as well as related rights and obligations, may be transferred to the Agency, under the conditions and manner to be determined by the King, by deliberate order in the Council of Ministers.
Art. 65. § 1^er. It is created a European Refugee Fund, which constitutes a budgetary fund within the meaning of Article 45 of the State Accounting Acts, coordinated on 17 July 1991.
§ 2. The table annexed to the Act of 24 December 1993 establishing budgetary funds and amending the Organic Law of 27 December 1990 creating budgetary funds, section 26 - Social Affairs, Public Health and Environment, is supplemented as follows:
« Name of the organic budget fund : 26-7-European Refugee Fund »
Nature of income affected
Amounts paid by the European Commission, intended to encourage the efforts of the Member States in the reception of asylum seekers whose procedure is under way and of displaced persons, the voluntary return of the rejected persons to their country of origin and the integration of the recognized refugees.
Nature of authorized expenditures
Expenditures for the execution of "projects and initiatives" relating to the reception of asylum seekers whose procedure is underway and displaced persons, the voluntary return of rejected persons to their country of origin and the integration of recognized refugees. These projects are co-financed by the European Commission.
PART XIII. - Abrogatory provision
Art. 66. In section 150 of the Act of 26 June 1992 on social and other provisions, paragraphs 2 and 3 are repealed.
PART XIV. - Entry into force
Art. 67. This law comes into force on the day of its publication in the Belgian Monitor, with the exception of:
- Articles 5 and 6, which produce their effects on 1^er May 2001;
- Article 8, 2°, which produces its effects from the first day of the quarter preceding three years the date of entry into force of this Act;
- Article 10, which comes into force on the date fixed by the King;
- Articles 13 and 14, which come into force on the same date as the Royal Decree establishing the federal public service information and communication technology and no later than the date of publication of this law to the Belgian Monitor;
- Article 29, which produces its effects on 1^er January 2001;
- Article 41, which comes into force on 1^er January 2002;
- Article 47, which comes into force on the date fixed by the King;
- Article 52, which comes into force on the same date as the Royal Decree establishing the first federal public service and no later than the date of publication of this law to the Belgian Monitor;
- Article 59, which comes into force on the date fixed by the King;
- Articles 60, 61, 62, 63, paragraph 2, and 64, which come into force on the same date as the Royal Decree referred to in Article 63, paragraph 1^er;
- Article 65, which produces its effects on 1^er January 2001.
Promulgation of this law, let us order that it be clothed with the seal to the State and published by the Belgian Monitor.
Given in Brussels on 19 July 2001.
ALBERT
By the King:
The Prime Minister,
G. VERHOFSTADT
Deputy Prime Minister and Minister of Employment,
Ms. L. ONKELINX
Deputy Prime Minister and Minister of Budget, Social Integration and Social Economy,
J. VANDE LANOTTE
For the Deputy Prime Minister and Minister for Foreign Affairs, absent,
Minister of Finance,
D. REYNDERS
Deputy Prime Minister
Minister of Mobility and Transport,
Ms. J. DURANT
Minister of Consumer Protection,
Public Health and the Environment,
Ms. M. AELVOET
The Minister of the Interior,
A. DUQUESNE
Minister of Social Affairs and Pensions,
F. VANDENBROUCKE
For the Minister of Public Service and Modernization of Administration, absent,
Deputy Prime Minister and Minister of Budget and Social Integration and Social Economy,
J. VANDE LANOTTE
Minister of Defence,
A. FLAHAUT
Minister of Finance,
D. REYNDERS
Deputy Minister for Foreign Affairs,
Ms. A.-M. NEYTS-UYTTEBROECK
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Note
House of Representatives:
Parliamentary documents. - DOC 50 0950/ (2000/2001) - Bill No. 1 - Amendments No.^bones 2 to 5 - Report No. 6 - Amendment No. 7 Reports No.^bones 8 and 9 - Amendment No. 10 - Reports No^bones 11-13 - Text adopted by Commissions No. 14 - Report No. 15 - Amendments No.^bones 16 and 17 - Text adopted in plenary and transmitted to the Senate No. 18 - Annex No. 19.
Senate:
Parliamentary documents. - Project transmitted by Chamber No. 2-800/1 - Amendments No. 2-800/2 - Report made on behalf of the Commission on Social Affairs No. 2-800/3 - Report made on behalf of the Commission on External Relations and Defence No. 2-800/5 - Report made on behalf of the Commission of the Interior and Administrative Affairs No. 2-800/6 - Report made on behalf of the Commission on Finance and Economic Affairs No. 2-800/4 - Text corrected by Commissions No. 2-800/7 - Amendments remanufactured after the approval of report No. 2-800/8 - Amendments filed after approval
Chamber:
Annales parlementaire - Adoption : Session du 21 juin 2001.
Senate:
Annales parlementaire - Adoption : Session du 12 juillet 2001.