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Amendment of the Financial-Ratio Law etc. (revision of the Provincial Fund)

Original Language Title: Wijzigingswet Financiele-verhoudingswet enz. (herziening verdeelstelsel Provinciefonds)

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Law of 6 November 1997 amending the Law on Finance and certain other laws and regulations relating to the introduction of this amendment in connection with a revision of the Provincial Fund allocation system

We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.

All of them, who will see or hear these, saluut! do know:

In this regard, we considered that it would be desirable to lay down new rules on the financial relationship between the State and the provinces, to adopt these rules in the future. Financial-related law and, to that end, amend this law and other laws and lay down rules on the introduction of these new rules;

In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:

CHAPTER I. AMENDMENT OF CERTAIN LAWS

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Section 1.1. Amendment Financial-related law

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Article 1

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Section 1.2. Amendment Provincial Law

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Article 2

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Section 1.3. Amendment General administrative law

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Article 3

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Section 1.4. Amendment Law on the specific cultural policy

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Article 4

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Section 1.5. Amendment Financial-related law importing law

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Article 5

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CHAPTER II. INITIAL DETERMINATION OF THE REGIONAL FUND ' S SCALES AND UNIT AMOUNTS OF THE UNITS OF THE DIVISION OF THE REGIONAL FUND

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Section 2.1. General

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Article 6

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For the purpose of this chapter and the provisions based thereon, the following definitions shall apply:

  • a. Our Ministers: Our Minister of Home Affairs and Our Minister of Finance;

  • b. CBS: the statistical central office of the Netherlands;

  • c. Grid squares: squares of 500 meters at 500 meters, as they are used in CBS ' s geographical base register;

  • d. the benefit factor: the quotient of the amount available for the general cash benefits and the sum of the benefit bases.


Article 7

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  • 1 By way of derogation from Article 8, third paragraph, of the Financial Ratio Law shall be allocated for the first time in the case of the distribution of the provincial fund the scales set out in the Annex 1 to this law. The provisions of this Chapter shall apply to the handling of the measures. Detailed rules on the application of the provisions of this Chapter and of the Rules of Employment may be laid down in order to ensure that Annex 1 concepts used and the method of counting the number of units per unit of distribution.

  • 2 By way of derogation from Article 9, first paragraph, of the Financial Ratio Law the units referred to in the first paragraph shall apply to the first year of the first year after the entry into force of this Act the amounts per unit mentioned in the preceding year Annex 2 to this law. Our Ministers may adjust these amounts in connection with changes to the Fund for the years 1997 and 1998, which should be divided among the provinces by means of changes in the amounts per unit. Article 9, second paragraph, of the Financial Ratio Law shall not apply for the purpose of fixing the amounts per unit for such measures.


Section 2.2. The establishment of the number of units

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Article 8

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  • 1 In determining the general benefit to a province, our Ministers shall determine, where necessary, the number of units per unit for the province. To the extent that a source is indicated in the Annex to a distribution measure, our Ministers may grant the number of units available to an indication of the body or body mentioned.

  • 2 The determination of the number of units by allocation for a province shall take place on 1 January of the year of benefit on which the number is determined, unless a reference date is indicated in the Annex to a distribution measure. In such cases the determination of the situation shall be on this date.

  • 3 If, on the basis of the second paragraph, a poll date must be used before the date of institution of the province or before the date on which the province ' s borders are changed, Our Ministers shall determine the number of units on the basis of of a reasonable estimate of the situation as it would have been on the date of the poll if the institution or amendment had already entered on that date.


Section 2.3. Special provisions relating to certain allocation criteria

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Article 9

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  • 1 In determining the sum of principal amounts of motor vehicle tax received in a calendar year, the rate of the motor vehicle tax shall be charged to Act on the motor vehicle tax 1994 As applicable on 1 April 1995. The increase in the tax referred to in Article 23, second paragraph, of that law and the reduction of the tax provided for in Articles 28 and 68 of that Act shall not be taken into account.

  • 2 By way of derogation from the first paragraph, for the period until 1 April 1997, the total of the principal amounts of the motor vehicle tax received in a calendar year shall be the rate of the Act on the motor vehicle tax 1966 It was used, as at the beginning of the calendar year 1980. The increase in the tax referred to in Article 6 of that Law and the fixed amount referred to in Article 8, second paragraph, A Of that law, we're not looking at it.


Article 10

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  • 1 The environmental address density of an address is the number of addresses in the area of address, divided by the area in square kilometers of the environment.

  • 2 The environment of an address is formed by the grid square, in which the address is located and the twelve most nearby grid squares.


Article 11

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  • 1 Our Ministers determine the number of kilometres weighted road length of roads in management at the province, by multiplying the number of kilometers of road length of roads that are in management to the county by a weighting factor which is a measure of for the cost per kilometre of maintenance of the roads in the province, in proportion to those costs in all provinces.

CHAPTER III. TRANSITIONAL AND FINAL PROVISIONS

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Section 3.1. Transitional measures related to the redistribution

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Article 12

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  • 1 The general allowance for the years 1998 to 2000, as established for a province in accordance with Chapter 2 of the Financial Ratio Law , is increased or reduced by an amount according to columns 1 to 3 in the table listed as Annex 3 is annexed to this Act.

  • 2 The general allowance for the years 2001 and next, as it is determined for a province in accordance with Chapter 2 of the Financial Ratio Law , is increased or reduced by an amount according to column 4 in the table which as Annex 3 is annexed to this Act.

  • 3 The amounts referred to in the first and second paragraphs shall be multiplied by the ratio of the benefit factor to the year of benefit and the factor of benefit for 1998. The benefit factor shall be the quotient of the amount available for the general benefit and the sum of the benefit bases.


Section 3.2. Other provisions

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Article 13

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  • 1 The establishment of a benefit from the Provincial Fund on the years before the entry into force of this Act and the proceedings relating thereto shall be made in accordance with the rules laid down in law, as they have before the date of entry into force of the Act. of this law.

  • 2 If payments made to a province before the entry into force of this Act are higher or lower than the benefits provided for in respect of those years, the difference shall be recovered or paid out. The difference shall be paid to or charged to the provincial fund.


Article 14

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The text of the Financial-related law will be in the State Sheet placed.


Article 15

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  • 1 This Law shall enter into force on a date to be determined by Royal Decree.

Burdens and orders that are in the State Sheet will be placed, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.

Issued in Gravenhage, 6 November 1997

Beatrix

The Secretary of State for Internal Affairs,

A. G. M. van de Vondervoort

The Minister of the Interior,

H. F. Dijkstal

The Secretary of State for Finance,

W. A. F. G. Vermeend

The Minister of Finance,

G. Zalm

Issued the 20th of November 1997

The Minister of Justice,

W. Sorgdrager


Contents

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CHAPTER I Amendment of certain laws

Section 1.1.

Financial-related law change

Section 1.2.

Amendment Provincial Law

Section 1.3.

Amendment of the General Administrative Law Act

Section 1.4.

Amendment Law to the specific cultural policy

Section 1.5.

Amendment Importing Law Financial-related Law

CHAPTER II Initial determination of the regional fund's scales and amounts per unit of the scale of the scales

Section 2.1.

General

Section 2.2.

The establishment of the number of units

Section 2.3.

Special provisions relating to certain allocation criteria

CHAPTER III Transitional and final provisions

Section 3.1.

Transitional measures related to the redistribution

Section 3.2.

Other provisions

ANNEX 1 The distribution criteria (Annex to Article 7, first paragraph)
ANNEX 2 The amounts per unit for the 1998 benefit year (Annex to Article 7, second paragraph)
ANNEX 3 Transitional measures in relation to the redistribution (Annex to Article 12)

ANNEX 1. The distribution criteria (Annex to Article 7, first paragraph)

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1

The total of the principal amounts of the motor vehicle tax, for the calendar year, of the holders of a passenger car or motorcycle resident or established in the province, divided by the benefit factor of the year of benefit. The total amount shall be determined by calculating the total amount of principal amount received in the calendar year of receipt of the amount of the principal amount, if the rate referred to in Article 9 is used.

Our Minister of Finance

31 December of the year, two years prior to the benefit year

2 a and b

The number of inhabitants of the province. A division shall be divided into two criteria according to the following group: a. the number of inhabitants; the number of inhabitants of the population of 640 000. For the purposes of the application of the measure 2b, a figure of less than 640 000 shall be fixed at that number.

CBS

3 a and b

The number of inhabitants of grid squares located within the province. A division shall be divided into two criteria according to the following group: a. the number of inhabitants of grid squares with an ambient address density greater than or equal to 1500 addresses per square kilometre; the number of inhabitants of grid squares with an ambient address density that is less than or equal to 1000 addresses per square kilometre. For the purposes of Measure 3b, a maximum number of 607 000 inhabitants shall apply.

CBS

4

The number of hectares of land in the province.

CBS

The most recent soil statistics established prior to the year of benefit

5

The number of hectares of water in the province.

CBS

The most recent soil statistics established prior to the year of benefit

6

The total of the following numbers: 1. the number of hectares of land in the province, in use for the purposes of agriculture, forestry and horticulture; the number of hectares of natural land in the province.

CBS

The most recent soil statistics established prior to the year of benefit

7

The number of kilometres weighted road length, of the roads in management at the province.

1 January 1993

8

The number of units of electricity consumed in the province calendar year in millions of Gigawatt hours.

CBS

31 December 1992

9

One unit for each province.


The amounts per unit relating to the 1998 benefit year (Annex to Article 7, second paragraph, as amended by the Ministerial Arrangement of 29 March 1999, No FO99/U58445, Stcrt. 1999, 71)

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1

Motor vehicle tax

-91.22 per 100 principal sum

2a

Residents

43,79

2b

Population above 640.000

21.13

3a

Population in urban areas

30.40

3b

Residents in rural areas

37.74

4

Country

101.26

5

Water

69.39

6

Green

38.13

7

Weighted road length

53.584,61

8

Electricity consumption

779,51

9

Lump sum

10.632.223,94


ANNEX 3. Transitional measures in relation to the redistribution (Annex to: Article 12 )

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Column 1

Column 2

Column 3

Column 4

Column 5

Year of benefit

Year of benefit

Year of benefit

Year of benefit

Year of benefit

1998

1999

2000

2001 and subsequent

2001 and subsequent

(guldens)

(euro's)

Groningen

8 117 432

6 851 651

5 585 870

4 320 090

1 960 371

Fryslân

4 222 289

2 907 350

1 592 410

277 471

125 911

Drenthe

7 688 098

5 969 923

4 251 748

2 533 572

1 149 685

Overijssel

-1 231 682

-2 139 213

-3 046 744

-3 954 275

-1 794 372

Gelderland

-10 343 350

-7 696 388

-5 049 426

-2 402 464

-1 090 191

Utrecht

15 199 702

11 188 292

7 176 882

3 165 471

1 436 428

North Holland

-20 487 288

-16 230 182

-11 973 075

-7 715 969

-3 501 354

South Holland

-11 624 664

-9 270 219

-6 915 774

-4 561 329

-2 069 841

Zealand

10 837 941

9 600 942

8 363 942

7 126 943

3 234 066

North Brabant

1 517 363

1 563 857

1 610 351

1 656 846

751 844

Limburg

4 309 139

3 235 959

2 162 780

1 089 601

494 439

Flevoland

-8 204 980

-5 981 972

-3 758 964

-1 535 957

-696 987