Key Benefits:
Law of 11 December 2013 on sustainable finance in the collective sector (Sustainable Public Finance Law)
We Willem-Alexander, at the grace of God, King of the Netherlands, Prince of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we have taken the view that it is desirable to establish a legal system for targeting the sustainable finances of the collective industry at national and European level;
It is true that we, the Department of Consultative Affairs of the Council of State, and with the mean consultations of the States-General, have been well-liked and understood to be right and to be understood as saying:
For the purpose of this Act:
Fiscal policy: the general policies relating to the preparation, adoption, implementation and amendment of the budgets of expenditure and revenue of the collective sector in a multiannual perspective.
Administrative consultations: the consultations of Our Minister of the Interior and Kingdom Relations and Our Minister of Finance, as administrators of the municipality-and the provincial fund, with the bodies which can be considered representative of the relevant local authorities, which can be extended if necessary with our Minister of Infrastructure and the Environment and the body which can be considered representative of the water supply.
CBS: the Central Bureau of Statistics.
COJ: the Central Planning Office.
Collective sector: the organisational whole of:
a. the Driving Service;
b. the social funds;
c. the decentralised authorities; and
d. the other legal entities with a statutory task.
Decentralised authorities: provinces, municipalities and waterboards.
EMU balance: the balance of the revenue and expenditure of the collective sector in one year, representing the net financial balance of the collective sector, calculated in accordance with the rules of the European system of national and regional accounts in the European Union.
EMU deficit: a negative EMU balance.
EMU debt: the position as at 31 December of one year of collective debt, calculated in accordance with the rules of the European system of national and regional accounts in the European Union.
Individual reference value: the value of the share of the EMU balance for an individual municipality, province and watership.
Multi-annual figures: the estimates of expenditure and revenue of the four years to be followed by the financial year, as referred to in Article 14 (2) of the Article 13 (c) of the Comptability Act 2001 .
MTO for the structural EMU balance: the medium-term objective for the structural EMU balance of the Member State of the Netherlands.
Other legal persons with a statutory duty: legal persons, to the extent that they carry out a task governed by or under the law and are financed, in whole or in part, from the proceeds of levies imposed by or pursuant to the Law, as provided for in Article 91, first paragraph, point (d) of the Comptability Act 2001 , with the exception of local and local authorities and social funds.
Rijksdienst: the organisational structure of the Ministries and the other State bodies of which expenditure and revenue are included in the State budget.
Social Funds: the funds allocated under the budget policy to the budget discipline and social security and labour market and care market.
Structural EMU balance: The EMU balance, adjusted in line with the EU method for cyclical fluctuations and for single and temporary measures.
1 Our Minister of Finance conducts trend fiscal policy with regard to the expenditure and revenue of the State Department and the Social Funds.
2 The trend in fiscal policy is as follows:
a. Taking into account fixed frameworks for expenditure and non-tax receipts within the budget discipline sectors, meant by: Article 13 (a) of the Comptability Act 2001 ;
b. taking into account the starting point for automatic stabilisation of tax receipts and social security contributions; and
c. on the basis of the multi-annual and macroeconomic estimates of the relevant variables of the CPB.
3 The conduct of the trend budget policy shall also be carried out:
a. Taking into account:
(i) the applicable MTO for the structural EMU-saldo;
i. the standard in force for EMU, in force within the European Union;
r. the standard for the actual EMU debt applicable within the European Union;
b. having regard to the procedures established within the European Union for respecting the elements referred to in point (a);
(c) taking into account the recommendations made by one of the institutions of the European Union to the Member State of the Netherlands for respecting the MTO and standards referred to in (a); and
d. taking into account national standards and international standards for the multi-year forecast de facto EMU balance.
4 Our Ministers of Ministers, in accordance with the Council of Ministers ' opinion, shall adopt adequate expenditure limiting and/or revenue-raising measures if the Minister of Finance finds that the trend in the trend of the trend is In particular, budgetary policy does not sufficiently lead to compliance with the standards and recommendations referred to in the third paragraph.
5 The fourth paragraph shall apply in any case where the competent institution of the European Union finds that the budgetary policy pursued does not lead to a sufficient degree of compliance with the provisions of paragraph 3 (a) (i), shall make a recommendation to this effect, in which case the appropriate measures to be taken, by budget size and in time, shall be in accordance with the recommendation.
6 Our Minister of Finance, in the form of a recovery plan, shall take the measures to be adopted in the form of a recovery plan in the form of a budgetary note to be provided to the States General.
7 The States-General shall be informed of the implementation of a recovery plan as referred to in paragraph 6, in any case annually in the Miljoenennota.
8 The Department of State advisory opinion shall be heard in respect of a note referred to in paragraph 6 and on the Miljoenennota note.
9 Our Minister of Finance makes use of the multi-annual budgetary estimates of the collective sector, based on the macroeconomic variables of the CPB, for calculating the estimate of the EMU balance and of the EMU debt.
10 Our Minister of Finance bases medium-and long-term fiscal policies on independent studies on the sustainability of the finances of the collective sector, which are so committed by him as necessary.
11 For the assessment of the fiscal policy pursued over a year, the calculation of the CBS of the realised EMU balance and of the realised EMU debt shall be based on the calculation of the CBS.
1 The local authorities and the authorities on the ground of Article 4 designated other legal entities with a legal task to make an equivalent effort as for the State Department and the social funds in respect of respecting the standards, Article 2 (3) , and take the necessary measures to that end.
2 Our Minister of Finance, in accordance with our Minister of the Interior and of the Kingdom of the Kingdom and our Minister of Infrastructure and the Environment, and with the third and fourth members, lay down the question of the decentralised authorities. if an equivalent effort is considered. In establishing the equivalent effort, the result in terms of the collective share of the local authorities in the EMU balance should be proportionate to the share of local authorities in the Community. Collective expenditure.
3 On the equivalent effort to be made by the local authorities, prior to its adoption, administrative consultations shall be held with a view to reaching agreement.
4 In the administrative consultations, the following points are also discussed:
a. the debt position of local authorities;
b. the investment declarations for local and local authorities which they are expected to do and the investment grants which are considered socially desirable;
c. the extent of the capacities present in the decentralised authorities;
d. the anticipated evolution of the actual EMU balance of the local authorities, as estimated by the CPB.
5 Our Minister of Finance shall inform the States-General in writing of the intended determination of the equivalent effort referred to in paragraph 2 after the administrative consultations provided for in the third paragraph have taken place. The determination of equivalent effort shall be made after the expiry of at least four weeks after the notification of the previous sentence, and the Second Chamber of the States-General has been able to express its opinion on this proposal.
6 The determined result in terms of a collective share of the EMU balance of the decentralised authorities, broken down by a share for the provinces jointly, communes jointly and the water bodies together made public by placement in the State Official.
7 The CBS provided to our Minister of Finance, Our Minister of Internal Affairs and Kingdom Relations and Our Minister of Infrastructure and the Environment annually at their request information on the shares of the provinces jointly, the municipalities jointly and the water bodies jointly in the EMU balance as well as in EMU debt and on the individual shares of the water shelves in the EMU balance and EMU debt.
1 By a decision of our Minister of Finance, in agreement with Our Ministers who have legal powers in relation to other legal entities with a statutory task, legal persons of the category may be other legal persons with a statutory duty are designated, who require prior consent of him, if they intend to finance their activities by placing a loan on the money or the capital market.
2 Our Minister of Finance may, in agreement with our Minister concerned as referred to in paragraph 1, give a designated legal person his consent to the intention to attract a loan if he considers that a loan is to be taken. by attracting a loan, there is no equivalent effort as referred to in the Article 3 .
3 Our Minister of Finance may, in accordance with the Minister concerned as referred to in the first paragraph of this Article, lay down the information which a designated legal person shall provide to him for the purposes of the assessment he has to make, as referred to in the second paragraph.
4 Before the Minister of Finance decides to appoint a legal person referred to in paragraph 1, or to abstain in his or her consent to the intention to draw up a loan, he shall inform the legal person concerned of any such person. opportunity to be heard.
1 The individual reference value for the EMU balance, in addition to its own share, also includes the share of the EMU balance of a public body set up by a common scheme as provided for in the Act, to which the Treaty provides for the the decentralised government participates, in so far as this share is attributable to the participating decentralised authorities.
2 Our Minister of the Interior and Kingdom Relations and our Minister of Infrastructure and the Environment may, by or under any general measure of administration, lay down rules on:
a. the determination of the individual reference value for the EMU balance, as well as for the estimate, as it may be derived from the budget, and for the realisation after the budget has been implemented;
b. the attributing of the share of a public entity as referred to in the first paragraph, in the individual reference value for the EMU balance to the participating decentralised authorities.
3 Our Minister of Internal Affairs and Kingdom Relations and our Minister of Infrastructure and the Environment, in agreement with our Minister of Finance, establish the individual reference values for the local authorities.
1 If the estimates of the CPB or of the CBS have made it clear that the collective share of the EMU balance of the local authorities is to be combined Article 3 (6) , on a multiannual basis, measures may be taken after administrative consultation, after administrative consultation, in order to comply with the established result in terms of the collective share of the EMU balance of the decentralised authorities jointly, as referred to in Article 3, sixth paragraph.
2 Only if a multiannual overrun as referred to in paragraph 1 is apparent from the CBS's realisations, then the imposition of sanctions may be part of the measures referred to in paragraph 1.
3 A general measure of management established pursuant to paragraph 1 shall not enter into force earlier than four weeks after the date of issuance of the Official Gazette in which it is placed. Notice of the placement shall be communicated without delay to the two Chambers of the States-General.
1 This Article shall apply where:
a. The Netherlands, by virtue of the European regulations governing the EMU balance-and the EMU debt-normalisation is imposed a fine or is obliged to place an amount in the depot, and
b. the collective share of territorial authorities in the EMU balance is more than the one in Article 3 (6) The collective share of the EMU balance, if the balance is less than zero.
2 After administrative consultations, a law establishing or amending the budgetary statement of the Provincial Fund, the Municipal Fund or the Ministry of Infrastructure and the Environment shall determine the part of the penalty or the part of the penalty interest-bearing costs of the sanctions referred to in paragraph 1 shall be allocated to the provinces jointly, to the municipalities, or to the communities jointly.
In any event, account shall be taken of the length and duration of the Netherlands ' EMU deficit and the duration and duration of the overrun of the Article 3 (6) Collective shares referred to.
3 The penalty, or the cost-of-interest costs incurred by the provinces jointly, shall be borne jointly by the local authorities, respectively, of the general benefit of the Provincial Fund and the Municipal Fund. In the case of the water supply, the penalty will be charged to the individual water supply.
4 Our relevant Ministers, may, after administrative consultation, decide to allocate a fine as referred to in paragraph 1, in whole or in part, to a province, a municipality or a watership.
5 The imputed part of the fine referred to in paragraph 4 shall be deducted from the benefit from which the province concerned or the municipality on the basis of the Financial-related law is entitled, or charged to the relevant watership.
1 Our Minister of Finance may, in agreement with Our Minister concerned, aim to Article 4, second paragraph -impose a fine on a legal person referred to in that Article if, despite the abstenation, the legal person agrees to carry out a loan.
2 The fine has the character of an interest-free deposit, is up to the amount of the loan collected and is held as a budget reserve as referred to in Article 5, fourth paragraph, of the Comptability Act 2001 , coupled with a budget article of the budget of the Ministry of Finance.
3 Our Minister of Finance assesses annually, in accordance with our Minister concerned as referred to in paragraph 1, whether the release of the depot fits the policy with regard to the equivalent effort which the relevant legal person makes to land of Article 3, first paragraph , is supposed to be delivered to respecting the standards, meant in Article 2 (3) .
The release of the depot shall take place as soon as possible as appropriate in the policy referred to here.
Where application is given to the power to allocate a sanction or to impose a fine, as set out in, respectively, the Article 7 and Article 8 , before they are implemented, the Second Chamber of the States-General shall be informed of the intention to do so. The powers specified in the preceding sentence shall be implemented only after four weeks have elapsed from the notification of the Second Chamber of the States-General, unless the Second Chamber of the States-General opposes it within that period. the sanction has been pronounced.
1 [ Red: Modid the Municipal Act.]
2 [ Red: Change the ProvincieAct.]
3 [ Red: Change the Financing of Decentralised Authorities.]
1 This law is cited as: sustainable public finances law.
2 This Law shall enter into force with effect from 1 January 2013. If the Official Gazette, in which this Law is placed, is issued on or after this date, it shall enter into force from the day following the date of issuance of that Official Gazette.
Burdens and orders that it will be placed in the Official Gazette and that all ministries, authorities, colleges and public servants who so far as to do so will keep their hands on the precise execution.
Entry
Wassenaar, 11 December 2013
William-Alexander
The Minister of Finance,
J.R.V.A. Dijsselbloem
The Minister of Home Affairs and Kingdom Relations,
R.H.A. Plastrong
The Minister for Infrastructure and the Environment,
M.H. Schultz van Haegen-Maas Geesteranus
Published the thirteenth of December 2013The Minister for Security and Justice,
I. W. Opstelten
