17 NOVEMBER 1998. - Law on the Integration of Maritime Police, Aviation Police and Railway Police in the Gendarmerie

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 78 of the Constitution.
CHAPTER I. - Amendments to the Act of 2 December 1957
on the gendarmerie
Art. 2. Section 11 of the Act of 2 December 1957 on gendarmerie, as amended by the Acts of 18 July 1991, 9 December 1994 and 20 December 1995, are amended as follows:
1° § 1^er is replaced by the following provision:
« § 1^er. The gendarmerie is composed of an operational body and an administrative and logistical body.
It is also made up of a category of special police personnel. »;
2° § 2 is completed as follows:
"The operational body includes a category of special police personnel. It is composed of personnel of the maritime police, the aeronautical police and the railway police who are transferred at their request and in an equivalent grade to that body. These staff members are responsible respectively for the tasks referred to in articles 16bis, 16ter and 16quater of the Police Service Act of 5 August 1992.
The King determines the modalities of the transfer. It may set specific conditions under which targeted personnel may be promoted in grade.
The police officers of the special police services who pass to the police force of the gendarmerie and who, prior to the transfer, had the status of an administrative police officer, judicial police officer or judicial police officer, auxiliary to the King's prosecutor, retained this quality.
The King also determines, on the proposal of the appropriate Minister for Pensions, how pension expenses are covered by the transfer referred to in the second paragraph. From the date of their transfer to the operational body, the services that these staff members have performed with the special police are, for the purposes of pension provisions, considered to be services presumed to the gendarmerie.
Staff referred to in paragraph 2 may, at their request, move to the General Police Competent category under the conditions determined by the King. »;
3° the article is completed by the following paragraph:
Ҥ4. The special police category includes personnel of the maritime police and the aviation police who are transferred to the gendarmerie. They are responsible for the tasks referred to in articles 16bis and 16ter of the Police Service Act of 5 August 1992.
The King determines their number and terms and conditions of transfer, without the possibility of an age limit.
Staff members referred to in paragraph 1^er remain subject to statutory laws and regulations applicable to personnel of the maritime police and the aeronautical police at the time determined by the King, taking into account the limitations set out in section 12bis. The competences that these laws and regulations attribute to the Minister whose police service is concerned, to the staff of this police service and, where applicable, to other authorities, are exercised by the Minister of the Interior or the gendarmerie authority designated by him. General amendments to these laws and regulations are applicable to these staff members. Amendments that only concern a special category of staff are applicable to them only as long as they expressly provide. The Minister of the Interior and the Minister of Transport are mutually reinforcing the draft amendments to the above-mentioned texts.
Pension laws and regulations are applicable to personnel of the marine police and the aviation police continue to apply to personnel referred to in paragraph 1, including amendments made to those provisions after the transfer referred to in the same paragraph.
Staff members referred to in paragraph 1^er may, upon request, be transferred to the category of personnel with special jurisdiction or to the general competence of the operational body of the gendarmerie under the conditions determined by the King. From the date of this transfer, paragraph 3 is no longer applicable, but the services that these members have performed with the Maritime Police and the Aeronautical Police are, for the purposes of pension provisions, considered to be services to the gendarmerie.
On the proposal of the competent Minister for pensions, the King sets out the terms and conditions for the management of pension expenses arising from the transfer referred to in paragraph 1^er. "
Art. 3. Article 11bis, as follows, is inserted in the same law:
"Art. 11bis. Regardless of their status, the authority of a staff member on another person is exercised, because of the employment exercised, the assigned function, the grade or seniority within the limits of that function and the empowerment it draws in the legislative, contractual or regulatory provisions or in permanent or temporary orders. "
Art. 4. Article 12bis, as follows, is inserted in the same law:
"Art. 12bis. Regardless of their status, the following requirements apply to all members of the special police category:
(1) the provisions contained in articles 24/9, 24/11 and 24/41 of the Act of 27 December 1973 relating to the status of personnel of the operational corps of the gendarmerie shall apply to them;
2° the provisions concerning mobility as provided in their original status are not applicable to them. "
Art. 5. Article 13, § 1^erthe same Act, as amended by the Act of 18 July 1991, is amended by:
1° to paragraph 1^er the words "14,600 staff members" are replaced by the words "14,773 staff members";
2° the following paragraph is inserted between paragraphs 2 and 3:
"The number of special police personnel is up to 222 personnel. The maximum number of special police personnel is reduced to the number of personnel leaving this category in any way and the difference between the number set by the King in accordance with Article 11, § 4, paragraph 2, and the actual number of personnel transferred to the gendarmerie. The maximum strength of the operating body is increased to the same extent. "
CHAPTER II. - Amendments to the Act of 27 December 1973
the status of the staff of the operational corps of the gendarmerie
Art. 6. In Article 18, § 4, of the Act of 27 December 1973 relating to the status of the operational body of the gendarmerie, the word "general" is deleted.
Art. 7. Article 24/1, § 1^er, of the same law, is replaced by the following provision:
"Art. 24/1. § 1^er. By derogation from section 11bis of the Act of 2 December 1957 on the gendarmerie, a staff member has authority, with respect to general discipline, on another staff member, when he is higher than him, or when he is older than him in the same grade. "
CHAPTER III. - Amendments to the Act of 5 August 1992
on the police function
Art. 8. Section 2 of the Police Function Act of 5 August 1992 is amended as follows:
1° in paragraph 1^er, the words ", which are general police services" are deleted;
2° in paragraph 2, the words "to the marine police" are deleted;
3° in paragraph 2, the words "and to the aviation police" are deleted;
4° in paragraph 2, the words "to the railway police" are deleted;
5° paragraph 2 is deleted.
Art. 9. Article 10, § 4, of the same law is replaced by the following provision:
Ҥ4. The conduct of aeronautical police missions that have an impact on the management or operation of airports is subject to consultation at the request of the competent authorities. The agreements resulting from this consultation are reflected in a memorandum of understanding.
The execution of railway police missions, which affects the management or operation of railways, is subject to consultation at the request of the competent authorities. The agreements resulting from this consultation are reflected in a memorandum of understanding.
The execution of the maritime police and navigation police missions having an impact on the management or operation of the ports, is subject to consultation at the request of the competent authorities. The agreements resulting from this consultation are reflected in a memorandum of understanding. "
Art. 10. An article 16bis, which reads as follows, is inserted in the same law:
"Art. 16bis. The gendarmerie is responsible for carrying out maritime police and navigation police missions without prejudice to the police powers assigned by law to certain officials of the competent public administrations. "
Art. 11. Section 16ter, as follows, is inserted in the same Act:
"Art. 16ter. The gendarmerie is responsible for conducting aeronautical police missions, without prejudice to the police powers assigned by law to certain competent public administration officers. "
Art. 12. Section 16quater, as follows, is inserted in the same Act:
"Art. 16quater. The gendarmerie is responsible for carrying out the railway police missions. "
Art. 13. In article 17, paragraph 1^er, of the same law, the words ", the municipal police and the special police services competent for the places affected are replaced by the words "and the municipal police".
Art. 14. In article 21, paragraph 1^er, of the same law, the words ", the municipal police and the maritime police" are replaced by the words "and the communal police".
Art. 15. In article 27, paragraph 1^er, from the same law, the words ", the municipal police and special police services" are replaced by the words "and the municipal police".
Art. 16. Article 28, § 4, of the same law is replaced by the following provision:
"In order to ensure the safety of international transport, the administrative authorities may, within their competence, prescribe security searches, to perform in the circumstances and in the manner they determine. "
Art. 17. Section 43, paragraph 2, of the Act is repealed.
CHAPTER IV. - Amendment of the Act of 19 December 1974 organizing relations between public authorities and trade unions of agents under these authorities
Art. 18. In section 28 of the Act of 19 December 1974 organizing public relations and trade unions of agents under these authorities, inserted by the Act of 22 July 1993, the following amendments are made:
1° between the words "applicable" and ", to the civilian members of the final, intern or temporary personnel" are inserted the words "to the members of the special police personnel category of the gendarmerie";
2° between the words "in service in the gendarmerie" and "civil members of this body" are inserted the words "members of this category".
CHAPTER V. - Amendment of the Act of 10 April 1990 on Custodial Companies, Security Companies and Internal Guarding Services
Art. 19. In the Act of 10 April 1990 on custodial enterprises, security companies and internal custodial services, as amended by the Acts of 19 July 1991 and 18 July 1997, an article 21bis, which reads as follows:
“The conditions provided for in articles 5, paragraph 1^er, 6°, and 6, paragraph 1^er, 6°, are not applicable to former special police personnel. "
CHAPTER VI. - Transitional and final provisions
Art. 20. A maximum of 158 members of the railway police are, at their request, for their further transfer to the gendarmerie's operational corps, made available to the gendarmerie by the Belgian National Railway Company for a period of three months prior to the date of the transfer.
During this provision, staff members maintain their original legal regime. They are responsible for the execution of the duties set out in section 16quater of the Police Service Act of 5 August 1992. For the execution of their missions, they are under the functional authority of the gendarmerie authorities.
During this provision, articles 24/9, 24/11 and 24/41 of the Act of 27 December 1973 relating to the status of the personnel of the operational corps of the gendarmerie are applicable to them.
At the end of this provision the member of the railway police personnel may be transferred to the operational body of the gendarmerie, a category of special police personnel, subject to the conditions specified in article 11, § 2 of the Act of 2 December 1957 on the gendarmerie.
The King may, by order deliberately in the Council of Ministers, increase the number in paragraph 1^er. The maximum strength of the operating body is increased to the same extent.
Art. 21. The King may, by order deliberately in the Council of Ministers, increase the number in Article 5, 2°.
Art. 22. The King shall determine, by order deliberately in the Council of Ministers, the date of entry into force of the provisions of this Act.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 17 November 1998.
ALBERT
By the King:
The Minister of the Interior,
L. VAN DEN BOSSCHE
Minister of Transport,
Mr. DAERDEN
Minister of Public Service,
A. FLAHAUT
Minister of Justice,
T. VAN PARYS
Seal of the state seal:
Minister of Justice
T. VAN PARYS
____
Note
(1) Session 1997-1998:
House of Representatives
Parliamentary documents. - Bill No. 1618/1. - Amendments, n^bones 1618/2 and 3. - Report, no. 1618/4. - Text adopted by the commission, no. 1618/5. - Amendments, n^bones 1618/6 and 7. - Supplementary report, No. 1618/8. - Text adopted by the Commission, No. 1618/9. - Text adopted in plenary and transmitted to the Senate, No. 1618/10.
Annales parlementaire : 21 et 22 octobre 1998.
Senate
Parliamentary documents. - Project transmitted by the House of Representatives, No. 1-1126/1. - Project not referred to by the Senate, No. 1-1126/2. - Decisions of the Parliamentary Committee for Consultation, No. 1-82/34.