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25 JUIN 1998. - An Act to amend the Act of 19 May 1994 relating to the limitation and control of election expenses for the election of the European Parliament (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER I. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER II. - Amendments to the Act of 19 May 1994 on the limitation and control of election expenses incurred for the election of the European Parliament
Art. 2. Section 2 of the Act of 19 May 1994 on the limitation and control of election expenses incurred for the election of the European Parliament, as amended by the Act of 10 April 1995, is amended as follows:
A) to § 1^erParagraphs 1^er and 4, the words "45 million" are replaced each time by the words "40 million";
B) at § 2, 1°, the words "500,000 francs, plus 1 franc" are replaced by the words "350 000 francs, plus 0.70 francs";
C) § 3 is supplemented by the following paragraph:
"The share of expenses for common electoral propaganda charged to the amount that a candidate is authorized to spend must be proportional to the share of each candidate in this propaganda. "
Art. 3. Article 5, § 1^erthe following amendments are made:
A) 1° is replaced by the following provision:
"1° cannot use commercial billboards or posters; »;
(b) it is inserted as follows:
"1°bis cannot use non-commercial advertising panels or posters with a surface of more than 4 m2; "
Art. 4. In Article 6, paragraph 1^er, of the same law, as amended by the Act of 10 April 1995, the second sentence is replaced by the following sentence: "They also undertake to declare the origin of the funds and to register the identity of the natural persons who made donations of 5,000 francs and more. "
Art. 5. In Article 10, §1^er, of the same law, the 3° is replaced by the following provision:
"3° anyone who has failed to declare his election expenses and/or the origin of the funds within the time limit set out in Article 116, § 6, of the Electoral Code; "
Art. 6. In section 11 of the Act, the following amendments are made:
A) in paragraph 1^er, first sentence, the words "and their components" are inserted between the words "to political parties" and the words "to lists";
B) in paragraph 1^erthe following sentence is inserted between the second and the third sentence:
" Likewise, the components can receive donations from their political party and vice versa. »;
C) the following paragraph shall be inserted between paragraphs 1^er and 2:
"The identity of natural persons who make, in any form, donations of 5,000 francs and more to political parties and their components, lists, candidates and political agents is registered annually by the beneficiaries. Political parties and their components, lists, candidates and political agents may each receive, as donations from the same natural person, an amount not exceeding 20,000 francs, or its counter-value. Every year, the donor may dedicate a total amount not exceeding 80,000 francs, or the counter-value of that amount, to donations to political parties and their components, lists, candidates and political agents. Payments made by political agents to their political party are not considered as gifts. »;
D) in paragraph 2, the words ", physical persons" are inserted each time between the words "legal persons" and the words "or de facto associations".
Art. 7. Article 11bis, as follows, is inserted in the same law:
"Art. 11bis. The King shall determine by order deliberately in the Council of Ministers the terms of the registrations referred to in Articles 6 and 11, as well as their filing. Monitoring is provided by the Monitoring Committee. "
CHAPTER III. - Amendment of the Act of 23 March 1989 on the election of the European Parliament
Art. 8. Article 21 of the Act of 23 March 1989 on the election of the European Parliament, as amended by the laws of 16 July 1993 and 11 April 1994, is supplemented by § 8, which reads as follows:
Ҥ 8. In the act of acceptance of their application, both incumbent and alternate candidates undertake to comply with the legal provisions relating to the limitation and control of election expenses and to declare their election expenses within 30 days of the date of the election.
They also undertake to declare the origin of the funds and to register the identity of the natural persons who made donations of 5,000 francs and more.
The text of these statements and declaration forms are arrested by the Minister of the Interior and published by the Belgian Monitor. "
CHAPTER IV. - Authorization for coordination
Art. 9. The King is empowered to coordinate the existing laws relating to the limitation and control of election expenses incurred for the election of the European Parliament. In order to ensure this coordination, He may:
1° amend the order and numbering of titles, chapters, articles, paragraphs and subparagraphs of the provisions to be coordinated and amend the arrangement of these provisions;
2° amend the references in the provisions to be coordinated to align them with the new numbering;
3° amend the provisions to be coordinated with a view to ensuring consistency and consistency of terminology, without prejudice to the principles set out in these provisions.
With a view to confirming this coordination, a bill will be tabled on the Bureau of the Legislative Chambers during the session if they are met or, if not, at the opening of the next session.
CHAPTER V. - Entry into force
Art. 10. This Act comes into force on the day after its publication to the Belgian Monitor, with the exception of Articles 4, 6, C) and 8, which come into force on 1^er January 1999.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 25 June 1998.
ALBERT
By the King:
The Minister of the Interior,
L. TOBBACK
Seal of the state seal:
For the Minister of Justice, absent:
Minister of Public Service,
A. FLAHAUT
____
Note
(1) Regular session 1996-1997.
House of Representatives.
Parliamentary documents. - Bill No. 1161/1. - Amendments, n^bones 1161/2 to 5. - Report, no. 1161/6. - Text adopted by the Commission, No. 1161/7. - Amendment, No. 1161/8. - Text adopted in plenary and transmitted to the Senate, No. 1161/9.
Regular session 1997-1998.
Annales of the House of Representatives. - Discussion and adoption. Meetings on 1 and 2 April 1998.
Senate.
Parliamentary documents. - Project transmitted by the House of Representatives, No. 1-946/1. - Project not mentioned, no. 1-946/2.