2 AVRIL 2001. - An Act to amend the Police Service Act, the Act of 7 December 1998 to organize an integrated, two-tiered police service, and other laws relating to the establishment of new police structures (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER I^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER II. - Amendments to the Police Function Act
Art. 2. In section 14, paragraph 3, of the Police Service Act, as amended by the Act of 7 December 1998, the following amendments are made:
1° in the French text, the word "they" is replaced by the word "they";
2° the words "with the competent administrations as well as with other police services" are replaced by the words "and with the competent administrations".
Art. 3. In section 23, § 5, of the same law, as amended by the law of 7 December 1998, the following amendments are made:
1° the words "Federal Police" are replaced by the words "Federal Police and, in the circumstances referred to in sections 61 and 62 of the Act of 7 December 1998 organizing an integrated, two-tiered police service, the local police provide";
2° the words "when required" are replaced by the words "when required".
Art. 4. In section 44/1 of the Act, inserted by the Act of 7 December 1998, paragraph 2 is replaced by the following paragraphs:
"In order to carry out their judicial police and administrative police missions, the police may collect and process, in accordance with the terms determined by the King, after the advice of the Privacy Commission, personal data referred to in section 6 of the Privacy Act of 8 December 1992 in respect of personal data processing.
This information and data can only be communicated to the authorities referred to in section 5, the police, the general inspection of the federal police and the local police, and to the intelligence and security services that need it for the execution of their missions. »
Art. 5. In section 44/2 of the Act, inserted by the Act of 7 December 1998, paragraph 2 is repealed.
Art. 6. Article 44/4, paragraph 1^erthe same Act, which was inserted by the Act of 7 December 1998, are amended as follows:
1° the following sentence is inserted between the first and the second sentence:
"These modalities include the time limits for the retention of the information and data mentioned above. »;
2° to the last sentence, the words "of a federal magistrate" are replaced by the words "of the control body referred to in section 44/7".
Art. 7. In section 44/7 of the Act, inserted by the Act of 7 December 1998, the following amendments are made:
1° to paragraph 1^er, first sentence, the words "control of the management of the general national data bank referred to in section 44/4, paragraph 1^er are replaced by the words "control of the processing of information and data referred to in Article 44/1, paragraph 1^er »;
2° in paragraph 5, second sentence, the words "after the advice of the College of Attorneys General" are replaced by the words "on the proposal of the Federal Prosecutor";
3rd paragraph 5 is supplemented by the following sentence: "In the event of absence, the President and the members shall also have each alternate designated in accordance with the respective procedures of the actual members. »;
4° in paragraph 10, the words "and their substitutes" are inserted between the words "of this control body" and "so as to guarantee their independence".
Art. 8. In section 44/8 of the Act, inserted by the Act of 7 December 1998, the words "federal magistrate responsible for the supervision referred to in section 44/4, paragraph 1^er are replaced by the words "federal prosecutor".
Art. 9. In section 44/10 of the same law, inserted by the law of 7 December 1998, the words "44/2, paragraph 2" are deleted.
CHAPTER III. - Amendments to the Act of 7 December 1998 organizing an integrated, two-tiered police service
Art. 10. Article 4, paragraph 1^er, from the law of 7 December 1998 organizing an integrated police service, structured at two levels, the words "every year" are replaced by the words "every two years".
Art. 11. The following amendments are made to section 12 of the Act:
1° the following paragraph is inserted between paragraphs 2 and 3:
"The King shall, by deliberate order in the Council of Ministers, establish the specific rules relating to the accounting of the proportional composition referred to in paragraph 2 ."
2° Paragraph 3 is supplemented as follows:
"The number of members that each municipal council has in the police council shall be determined by the outgoing police council, taking into account the provisions of the preceding paragraphs. »
Art. 12. An article 18bis, as follows, is inserted in the same law:
"Art. 18bis. The mayor immediately proclaims after the election referred to in section 18 or section 19, paragraph 2, the results of the election.
The file relating to the election of members of the police council and their deputy shall be sent without delay, by each commune, to the permanent deputation or to the college referred to in section 83quinquies, § 2, of the special law of 12 January 1989 on Brussels institutions.
Only candidates can file a claim against these elections.
Any claim against the election must be filed in writing with the permanent deputation or with the college referred to in paragraph 2, within 10 days of the proclamation of the results of the election referred to in paragraph 1^er.
The validity of the election determined by the time-out or by the decision of the permanent deputation or the college referred to in paragraph 2 shall be communicated by the Governor to the Police Council and the Community Council concerned. The actual and alternate members of the police council whose election was cancelled, the alternates whose electoral status was amended and the persons who filed a complaint are notified by registered letter to the station.
When a cancellation has become final, a new election is made. In this case, Article 18 is of application on the understanding that the period begins to run only on the day following that of notification of cancellation to the local council concerned. »
Art. 13. Article 20, paragraph 1^erthe following amendments are made:
1° the first sentence is repealed;
2° the words "This mandate" are replaced by the words "The mandate of the members of the police council".
Art. 14. An article 20bis, as follows, is inserted in the same law:
"Art. 20bis. § 1^er. Before taking office, the members of the Police Council, elected in accordance with section 18 or section 19, paragraph 2, are called to swear by the President of the Police College. They swore in his hands the following oath: "I swear faithfulness to the King, obedience to the Constitution and the laws of the Belgian people. »
In the event of a full renewal of the Police Council, the oath is made during the scheduled installation session on the commencement date of the warrant referred to in section 20, paragraph 1^er. Any other oath shall be made at the nearest meeting of the Police Council following the termination of the term by the effective member or the election of his or her replacement.
§ 2. If, as the case may be, the President of the Police Council or the mayor fails to call the members of the Police Council for the oath, the members are then called by the Governor and sworn in in in his or her hands or in the hands of the Commissioner whom he designates.
The governor shall take these measures within thirty days of the day he was aware of the forbearance.
The costs of this procedure are borne by the president of the police council or the mayor who refrained from giving execution to § 1^er.
The recovery of these costs is done, as the case may be, by the special accountant or by the local receiver, to the President of the Police Council or the mayor, after the Governor has declared the enforceable order. »
Art. 15. An article 21bis, as follows, is inserted in the same law:
"Art. 21bis. Without prejudice to the application of section 21, the resignation of a member of the police council, elected in accordance with section 18, shall be filed in writing with the police council.
The governor means to the member concerned of the police council, by registered letter to the post with acknowledgement of receipt, the decision of the permanent deputation referred to in section 21ter or that of the college referred to in section 83quinquies, § 2, of the special law of 12 January 1989, concerning Brussels institutions. This decision is brought to the attention of the mayor of the municipality where the member concerned is a member of the municipal council and to the president of the police council. The above-mentioned decision of the permanent deputation or the college shall take effect from the date of its service to the member concerned of the police board. »
Art. 16. Section 32, paragraph 2, of the Act is replaced by the following provision:
"The municipal council or the police council shall, under the conditions determined by the King, fix the compensation of the special accountant. »
Art. 17. In Article 62, 1°, of the same law, the words "§§ 3 and 4" are replaced by the words "§§ 3, 4 and 5".
Art. 18. Section 62 of the Act is supplemented by a 10°, which reads as follows:
"10° on an exceptional and temporary basis, reinforcements to large-scale administrative police missions. »
Art. 19. In section 94 of the Act, the words "subject to section 93, 3 and 4" are inserted between the words "decent services of the federal police" and "are those of the judicial districts".
Art. 20. Article 107, paragraph 1^erin the same Act, the words "in which the Commissioner-General does not sit for the renewal of his mandate" are introduced after the words "federal Police Council".
Art. 21. An article 140bis, as follows, is inserted in the same law:
"Art. 140bis. Police personnel may be engaged on a voluntary basis for long-term missions abroad determined by the King by order in Council of Ministers. These missions may be humanitarian assistance or teaching.
In the event of an emergency, police personnel may be hired on a voluntary basis for missions referred to in paragraph 1^er only provided that the Council of Ministers so decides. »
Art. 22. An article 140ter, as follows, is inserted in the same law:
"Art. 140ter. The Central Stationary Expenditure Service (SCDF) is responsible for the calculation of fixed expenditures for federal police personnel and for local police personnel in the municipality or in the multi-communal area.
Fixed spending means:
1° the financial obligations of the federal police and police areas arising from their employer status;
2° pension, pension and pension supplements.
This mission includes:
1° the calculation of wages, related rights and pensions;
2° the establishment of social and tax declarations;
3° the calculation of legal and regulatory contributions and levies;
4° the payment of pensions, pensions and pension supplements;
5° with respect to the federal police, the payment of wages, related rights and social and tax levies to the various entitled persons, in accordance with the general provisions applicable to the services of the federal government;
6° with respect to the local police, the execution of the payment on behalf of the area or the transmission of the required payment elements to the GPI social secretariat referred to in Article 140quater;
7° the processing of disputes;
8° the writing of the necessary accounting documents, payment documents and supporting documents.
With regard to wages and related rights, the HCDF is implementing the decisions taken by the federal police personnel or local police personnel, each with respect to its staff. These decisions are forwarded to it by the GPI Social Secretariat.
With respect to pensions, pension benefits and pension supplements, the HCDF is implementing the decisions taken by the Pension Administration. »
Art. 23. An article 140quater, as follows, is inserted in the same law:
"Art. 140quater. In order to enable the CFDS to carry out its mission, the personnel services referred to in section 140ter, paragraph 4, or the persons they delegate, shall provide the necessary data to the Federal Police Service established for this purpose. This service is called the "social secretariat of the integrated police, structured at two levels" and abbreviated as the "social secretariat GPI".
The GPI Social Secretariat is responsible for the processing of personnel data. The nature, form and periodicity of the data to be reported is determined by the GPI Social Secretariat in collaboration with SCDF.
The GPI Social Secretariat is responsible, inter alia, for:
1° ensure the correct application of the status to all staff members. Each non-compliant application must be communicated immediately to the responsible staff. The Human Resources Branch will, where appropriate, provide a reasoned opinion to the Minister of the Interior;
2° with respect to the applicant local police, the communication of the calculation and the data necessary to be able to pay to the eligible persons, the treatments, the related rights and the tax and social deductions on time;
3° the recovery of undue payments or the provision of basic data to the area manager for that purpose;
4° the holding of a financial record for each employee;
5° a general information mission. »
Art. 24. Section 147 of the Act is supplemented by the following paragraph:
"Federal police and local police are required to follow up on the convocations of the general inspection. »
Art. 25. Article 149, paragraph 1^erthe same law is supplemented as follows;
"If applicable, they are engaged in accordance with the rules of mobility. »
Art. 26. Article 149bis, as follows, is inserted in the same law:
"Art. 149bis. Experts referred to in Article 149, paragraph 1^ersworn according to the formula used in the Court of Assises. The compensation payable to them shall be paid in accordance with the rate of criminal justice fees. »
Art. 27. Section 240 of the Act is supplemented by the following paragraphs:
"The appointment or designation obtained pursuant to paragraph 2 is as a result of the fact that the brigade candidate, regardless of his or her status, becomes a full member of the officer framework of the operational framework and is subject to all provisions that determine the status of the personnel referred to in section 117, from the day on which the appointment or designation decision is brought to his or her knowledge or is served. The King determines, by deliberate order in the Council of Ministers, the rank of the brigade commissioners who, pursuant to paragraph 2, pass through the operational framework of the police services.
The appointment or designation decision referred to in paragraph 3 expressly determines that the relevant brigade Commissioner is subject to all provisions that determine the status of the personnel referred to in section 117, from the date of the notice or notification of that decision.
For the purposes of section 248, paragraph 4, the Brigade Commissioner who, pursuant to paragraph 2, submits his application for employment in a local police force, is believed to have been a member of the municipal police. »
Art. 28. Section 241 of the Act is supplemented by the following paragraphs:
"The staff of the Ministry of Justice, appointed by the Minister of Justice, move to the administrative and logistical framework of the Federal Police on the basis of the consecrated capacity within the Ministry to the management and operation of the former judicial police near the prosecutors.
The staff of the Ministry of the Interior, appointed by the Minister of the Interior, go to the administrative and logistical framework of the Federal Police.
Staff members employed at the general police support service, who are not members of a police service and who are designated, as the case may be, by the Minister of the Interior or by the Minister of Justice, are required to attend the administrative and logistical framework of the federal police. "
Art. 29. Section 242, paragraph 2, of the Act is replaced as follows:
"However, they may decide to remain subject to the laws and regulations that, as the case may be, are applicable to members of the gendarmerie's operational corps, members of the gendarmerie's special police personnel category, officers and judicial officers near the prosecutors, the military, the transferred military and the civilians of the gendarmerie's administrative and logistic corps or the judicial police near the prosecutors or the personnel referred to in section 5. »
Art. 30. Article 247bis, as follows, is inserted in the same law:
"Art. 247bis. Before the end of the third month following the installation of the communal council in police areas composed of a single commune or the police council of a multi-communal police zone, the municipal council or the police council shall make the presentation motivated for the first designation, within the meaning of section 247, of the head of the local police to be appointed.
When not satisfied with the provisions of paragraph 1^er and without prejudice to sections 52 and 89, the payment of the federal allowance referred to in section 41 shall be suspended in full right, up to one twelfth per month commenced, from the first month following the period specified in paragraph 1^er. Where applicable, the federal state can recover the payments already made.
As soon as a municipal council or police council has made the reasoned presentation referred to in paragraph 1^er or when pursuant to section 247ter, paragraph 2 or 3, as soon as the head of body is appointed, the suspension of the payment of the federal allowance referred to in section 41 ends on the first day of the month following the month in which the reasoned presentation took place. The twelfths of the unpaid federal allowance pursuant to paragraph 2 remain unpaid, however, unless the Minister of the Interior, on a substantiated proposal by the Governor, decides that the non-performance of the provisions of paragraph 1^er is due to force majeure. In the latter case, unpaid amounts are paid. »
Art. 31. Article 247ter, as follows, is inserted in the same law:
"Art. 247ter. Without prejudice to the application of section 89 and section 247bis, paragraph 2, the Minister of the Interior shall address, after the period referred to in section 247bis, paragraph 1^er, in the municipality or in the failed multi-communal zone, the request to proceed with the presentation of a candidate deemed fit for the first designation as chief of the local police. In this request, reference is made to the provisions of paragraph 2.
If the municipal council or police council refuses, neglects or is unable to present, before 1^er November 2001, a candidate deemed fit, he went in addition to this presentation and the King designates the head of the local police, in the list of candidates deemed fit pursuant to the rules and conditions set out in section 247, after having taken note of the notices that must be collected under the order made under section 247.
If he appears at 1^er November 2001 that a list of candidates deemed fit has not been established, the Minister of the Interior may, at the expense of the municipality or the multi-communal police zone, commence or continue the procedure for the first designation referred to in section 247, on the understanding that he shall act, on that occasion, in place of the communal council, the police council, the mayor, the police college or the president of the police college, according to the decision The King then designates the head of the local police, in the list of candidates deemed fit under this paragraph, after having taken note of the notices to be collected under the order issued pursuant to section 247.
The recovery of costs referred to in paragraph 3 shall be carried out in accordance with section 89, paragraph 2. »
Art. 32. The following amendments are made to section 248 of the Act:
1° to paragraph 1^er5° is repealed;
2° Paragraph 4 is supplemented as follows:
"However, where there are insufficient numbers of officers for the assignment of higher officer positions, a proportional distribution of the latter is made between former members of the municipal police and members of the federal police, based on their respective contributions. »;
3° it is inserted a paragraph 5, which reads as follows:
"For the first fixation referred to in section 12, paragraph 4, the powers of the police council shall be exercised by the Governor. »
Art. 33. Article 248bis, as follows, is inserted in the same law:
"Article 248bis. § 1^er. Furniture goods including real property by destination, both in the public domain and in the private domain, used for the exercise of the powers of the municipal police are transferred to the multi-communal zone.
The movable property, including real property by destination, both in the public domain and in the private domain, used for the exercise of the competence of the territorial brigades of the federal police are transferred to the multi-communal area or to the municipality, as the case may be.
§ 2. Transfers referred to in § 1^er are carried out in full right. They are subject to full rights to third parties without further formality on the date of the establishment of the police zone established in accordance with section 248.
§ 3. The King shall determine the rules for the inventory and estimation of the property referred to in § 1^er.
It sets the amount:
1° of the possible additional endowment that the municipality transfers to the multi-communal zone, where the value of the transferred property is less than the minimum standard it determines;
2° of the possible additional subsidy that the federal State, as the case may be, transfers to the multi-communal area or to the municipality, where the value of the transferred property is less than the minimum standard it determines.
Where the value of the transferred property exceeds the minimum standard referred to in paragraph 2, the above-mentioned allocation will be reduced to the difference between the two amounts.
§ 4. The multi-communal area or the municipality shall, as the case may be, succeed in the rights and obligations of the municipality or the federal State relating to the movable property transferred to it under § 1^erincluding rights and obligations arising from pending and future judicial proceedings.
However, the assigning municipality or the federal State, as the case may be, remains solely liable for obligations whose payment or execution were payable before the transfer of ownership of the movable property referred to in this article.
§ 5. The assets referred to in this section are transferred to the state in which they are located, including the charges and obligations that are the accessory.
§ 6. In the event of a dispute over a transferred property, the multi-communal area or the municipality, as the case may be, may always call the assigning commune or the federal state. They can always intervene voluntarily on the cause. »
Art. 34. Article 248ter, as follows, is inserted in the same law:
"Art. 248ter. Assets that are part of the non-specialized individual equipment of a police officer are transferred to the police area, the municipality or the federal state, as the case may be, when the police officer is subject to a mobility measure between two local police units, or between them and the federal police, or when the police officer is detached, designated, or promoted to another police service. »
Art. 35. In section 249 of the Act, the words "These conventions may only be concluded after the conditions laid down in section 248, 1° to 5°, have been met. » are deleted.
Art. 36. An article 250bis, as follows, is inserted in the same law:
"Art. 250bis. At the latest.^er November 2001, each municipal council approves, in respect of fiscal year 2002, the budget determined in section 39, paragraph 1^eras well as the allocation referred to in section 40, paragraph 3.
If a municipality or a multi-communal police zone does not meet the obligation referred to in paragraph 1^erthe Minister of the Interior or the Governor may, without prejudice to the application of section 89, determine the budget or communal staffing referred to in paragraph 1^erin accordance with the minimum budgetary standards set out in section 39, paragraph 1^er, or 40, paragraph 1^erat the cost, as the case may be, of the municipality or the multi-communal police zone.
The recovery of costs referred to in paragraph 2 shall be carried out in accordance with section 89, paragraph 2. »
Art. 37. An article 250ter, as follows, is inserted in the same law:
"Art. 250ter. In order to establish the local police, the municipal council or the police council shall approve no later than the end of the sixth month following the installation of the communal council in the police areas composed of a single commune or the police council of a multi-communal police zone, the organic framework referred to in section 47, paragraph 1^erand submit this order pursuant to Article 67, paragraph 1^er, for the approval of the Governor within the same time limit.
If a municipality or multi-communal area fails to meet the obligation referred to in paragraph 1^erthe Minister of the Interior or the Governor may, without prejudice to the application of section 89, determine the organic framework referred to in paragraph 1^erin accordance with the minimum standards established under section 47, paragraph 1^erat the cost, as the case may be, of the municipality or the multi-communal police zone.
The recovery of costs referred to in paragraph 2 shall be carried out in accordance with section 89, paragraph 2. »
Art. 38. An article 250quinquies, as follows, is inserted in the same law:
"Art. 250quinquies. In order to and until the establishment of the local police, and without prejudice to the application of section 247bis, a federal allowance, fixed by the King, will be paid directly to the municipalities from 1^er April 2001. »
Art. 39. Section 257quater, as follows, is inserted in the same Act:
"Art. 257quater. The staff of the municipal police provide the GPI social secretariat, at its request, with any information necessary for the missions referred to in articles 140ter and 140quater. They shall take the necessary steps to ensure that the data relating to the personnel concerned that are kept in clean information systems or in information systems of the computing centres to which they used prior to the police reform for the calculation of the salaries, are made available to the GPI social secretariat in time, on the information medium and in the form required by the SCDF. »
Art. 40. An article 257quinquies, as follows, is inserted in the same law:
"Art. 257quinquies. The King shall determine the terms and conditions under which advances and compensation may be given to personnel whose management cannot be taken over by the GPI Social Secretariat prior to the entry into force of the status referred to in Article 121. "
CHAPTER IV. - Special statutory provision
Art. 41. Members of police personnel who have not taken the decision referred to in section 5 of the Act of 27 December 2000 on various provisions relating to the legal position of police personnel may still make this decision within three months of the publication to the Belgian Monitor of the Royal Decree referred to in section 121, paragraph 1^erof the Act of 7 December 1998 establishing an integrated, two-tiered police service. Their legal position will be regulated, after the above-mentioned deadline, with effect to 1^er April 2001.
CHAPTER V. - Entry into force
Art. 42. This Act produces its effects on 1^er January 2001.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 2 April 2001.
ALBERT
By the King:
The Minister of the Interior,
A. DUQUESNE
Minister of Justice,
Mr. VERWILGHEN
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Note
(1) Session 2000-2001:
House of Representatives:
Parliamentary documents. - 50-1126/1: Bill. - 50-1126/2: Annex. - 50-1126/3: Amendments. - 50-1126/4: Report. - 50-1126/5: Text adopted by the Commission. - 50-1126/6: Amendment. - 50-1126/7: Text adopted in plenary meeting and transmitted to the Senate.
Annales parliamentarians. - Full report: 21-22 March 2001.
Senate:
Parliamentary documents. - 2-700/1: Project transmitted by the House of Representatives. - 2-700/2: Amendments. - 2-700/3: Report. - 2-700/4: Text adopted by the commission. - 2-700/5: Amendments. - 2-700/6: Decide not to amend.
Annales of the Senate. - 29 March 2001.