23 JUIN 1999. - An Act to approve the cooperation agreement concerning the method of apportionment of the costs of the regional receivers and the method of sampling the contribution in these costs by the administrations, concluded in Brussels on 9 December 1997 between the State, the Flemish Community, the Walloon Region and the German-speaking Community (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. It is assented to the cooperation agreement of 9 December 1997 on the method of apportionment of the costs of the regional receivers and the method of sampling the contribution in these costs by the administrations, concluded in Brussels between the State, the Flemish Community, the Walloon Region and the German-speaking Community.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 23 June 1999.
ALBERT
By the King:
The Minister of the Interior,
L. VAN DEN BOSSCHE
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
______
Notes
(1) Regular session 1998-1999.
Senate:
Parliamentary documents. - Bill No. 1-1340/1. - Report, no. 1-1340/2. - Text adopted by the commission, no. 1-1340/3.
Annales of the Senate. - Discussion and adoption, meeting of 22 April 1999.
House of Representatives:
Parliamentary documents. - Project transmitted by the Senate (adopted without report in committee), No. 2193/1. - Text adopted in plenary and subject to Royal Assent, 2193/2.
Annales of the House of Representatives. - Discussion and adoption, meeting of 29 April 1999.

Cooperation agreement
concluded between the State, the Flemish Community, the Walloon Region and the German-speaking Community concerning the method of apportioning the costs of the regional receivers and the method of collecting the contribution in these costs by the administrations.
Having regard to Article 162 of the Coordinated Constitution of 17 February 1994;
Considering the special law of 8 August 1980 of institutional reforms, including articles 5 and 92 bis, § 1^eramended by the special laws of 8 August 1988 and 16 July 1993;
Considering the law of 31 December 1983 of institutional reforms for the German-speaking Community, including Article 4, § 2, and Article 55, as amended by Article 122 of the ordinary law of 16 July 1993 to complete the federal structure of the State;
Having regard to section 140 of the new communal law, as amended by the Act of 21 December 1994;
Considering the organic law of 8 July 1976 concerning public social welfare centres;
In view of the Royal Decree of 21 February 1955 establishing the basis for the apportionment of expenses relating to regional communal receivers, and amending the Royal Decree of 16 March 1935 establishing a guarantee fund for the management of these receivers, including Article 1^er amended by Royal Decrees of the 1^er December 1976, 15 December 1978 and 2 July 1980;
Having regard to the Royal Decree of 23 March 1977 concerning the designation of regional receivers for public welfare centres, including articles 2 and 4;
Considering that the costs of the regional receivers are exposed by the federal authority and that it is indicative of a balanced distribution of these costs between the municipalities and the P.C.A.S. served by a regional receiver;
Considering that, given that the distribution of the costs of the regional receivers for the municipalities falls within the competence of the federal authority on the one hand and that the allocation of the costs of the regional receivers for the public welfare centres falls within the competence of the communities to take part, it is indicated to conclude in this regard an agreement of cooperation between the competent authorities;
The State, represented by the Minister of the Interior;
The Flemish Community, represented by its Government, in the person of the Flemish Minister of Culture, Family and Social Aid;
The Walloon Region represented by its government, in the person of the Walloon Minister of Social Action, Housing and Health;
The German-speaking Community, represented by its Government, in the person of the Minister of Youth, Training, Media and Social Affairs of the Government of the German-speaking Community,
The following agreed:
Article 1^er. The various parties agree that the federal authority shall apply the apportionment of the fees set out in this Agreement for the recovery of all expenses and contributions to regional recipients.
Art. 2. Expenditures and contributions by regional recipients are apportioned by province and calendar year as follows:
1° The amount of costs to be apportioned shall be determined by calendar year.
This amount is obtained by deducting from the sum of the costs of the regional receivers the investment costs exposed to a specified administration. These investment costs are charged to the administration for which these expenses were incurred.
2° The average cost of a regional receiver is calculated by dividing the amount obtained in the 1° by the total number of regional receivers for whom the costs to be apportioned have been exposed.
The total number of regional receivers is prorated per month.
3° From the average cost, obtained in the 2° way, from a regional receiver, it is calculated a percentage determined by administration served by a regional receiver.
For municipal administrations, this percentage depends on the number of inhabitants and it is also taken into account the reclassification under section 29 of the new communal law.
For public social welfare centres, this percentage depends on the number of inhabitants and it is also taken into account the importance of the activities carried out or the provision of a given institution. The governor of the province determines the category to which each public welfare centre belongs. He submits this proposal to the Minister with guardianship on the relevant public welfare centres, respectively. In the event of a favourable opinion or in the absence of a notice within 45 days, the date of the post being served, the Governor's proposal becomes final. In the event of an unfavourable opinion, the Governor, if he is unable to follow this notice, shall forward the file for decision to the Minister of the Interior.
The percentages are as follows:
For the consultation of the table, see image
4° The difference is calculated between the sum of the contributions calculated in accordance with 3° and the sum of the costs to be apportioned in accordance with 1°. This difference is proportionally distributed among administrations using the same distribution key as that set out in the 3rd of this article.
Art. 3. The recovery of costs referred to in section 2 may be made through monthly advances to the administrations served by a regional receiver. These monthly advances are calculated on the basis of the average mathematical treatment of the Regional Receiver, including contributions.
This average treatment is distributed among the administrations served by a regional receiver in the same manner as that provided for in Article 2, 3°.
Art. 4. Article 1^er of the Royal Decree of 21 February 1955 laying the basis for the apportionment of the expenses relating to the regional communal receivers, and amending the Royal Decree of 16 March 1935 which established a guarantee fund for the management of these receivers, as amended by the Royal Decrees of 1^er December 1976, 15 December 1978 and 2 July 1980, is repealed.
Art. 5. In Article 2 of the Royal Decree of 23 March 1977 concerning the designation of regional receivers for public social assistance centres, the words "with the exception of the provisions of Article 122bis of the said Law" are deleted.
Section 4 of the same order is repealed.
Art. 6. This Agreement comes into force on 1^er January 1997 and applies, with respect to the apportionment of costs, for the first time to the expenditures of the calendar year 1996.
Done in Brussels on 9 December 1997.
As many original copies as parties to this Agreement.
For the state:
The Minister of the Interior,
J. VANDE LANOTTE
For the Flemish Community:
The Flemish Minister of Culture,
the Family and Social Aid,
L. MARTENS
For the Walloon Region:
Walloon Minister of Social Action,
Housing and Health,
W. TAMINIAUX
For the German-speaking Community:
The Minister of Youth, Training, Media and Social Affairs of the Government of the German-speaking Community,
K.-H. LAMBERTZ

For German consultation, see image