Key Benefits:
Decision of 24 January 2002 on national contributions to the costs of assistance and of the fight against a disaster or major accident in the Netherlands, as well as in Belgium or Germany (Decision on national contributions for the assistance and control costs).
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of the State Secretary for the Interior and the Kingdom of the Kingdom of 27 November 2001, No EB2001/97219;
Having regard to Article 11, 2nd paragraph, of the Fire Act 1985 and Article 25, third paragraph, of the disasters and major accidents Act ;
The Council of State heard (opinion of 8 January 2002, No W04/01.0637/I);
Having regard to the further report of the State Secretary for the Interior and of the Kingdom of the Kingdom of 16 January 2002, No EB2002/51992;
Have found good and understand:
For the purpose of this Decision:
a. Our Minister: Our Minister of Internal Affairs and Kingdom Relations;
b. assistance: assistance by a security region as referred to in Article 51, first paragraph, of the Safety Regions Act ;
(c) costs: the costs of assistance or the fight against a disaster which could not have been provided for in the budget of the year in which the disaster occurred;
d. Agreements: the agreement reached in The Hague on 14 November 1984 between the Kingdom of the Netherlands and the Kingdom of Belgium on mutual assistance in the fight against disasters and accidents (Trb. 1984, No 155) and the Agreement concluded in Bonn on 7 June 1988 between the Kingdom of the Netherlands and the Federal Republic of Germany on mutual assistance in the fight against disasters, including major accidents (Trb. 1988 No 95).
1 Our Minister, at the request of the Board of the Security Region, shall make a contribution to the costs incurred by the regional fire brigade from the grant of assistance, in so far as they exceed the cost of the grant of EUR 4500.
2 For a contribution as referred to in paragraph 1, the following shall be eligible:
a. The cost of personnel;
(b) the cost of replacing consumables;
(c) the costs of replacing all or part of equipment which have been lost;
d. the cost of repair and maintenance.
3 If assistance has been granted in the context of the fight against a disaster and its consequences, the application referred to in paragraph 1 shall be submitted by the municipality to which the assistance was granted.
1 Our Minister, at the request of the college of mayor and aldermen, will make a contribution to the costs incurred by a municipality in dealing with the effective fight against a disaster and its consequences.
2 The contribution shall be calculated on the basis of the costs incurred as a result of effective control of the disaster and the consequences thereof, less:
a. the costs for which the municipality has obtained or can obtain a contribution from other means;
b. the costs that a security region will charge for the provision of assistance;
(c) the result of the multiplication of the population of the municipality according to population figures published by the Central Bureau of Statistics as of 1 January of the year in which the disaster occurred by € 3,-.
3 No contribution shall be granted if the costs referred to in paragraph 2 (a) and (b) of the second paragraph are to be € 45 000, or less.
4 If several disasters or major accidents occur in a municipality in a calendar year, the second paragraph, part c, and the third paragraph shall be applied only once.
5 If the municipality is in place or would be affected by application of the second or third member in the situation referred to in Article 12 of the Financial Ratio Law In agreement with our Minister of Finance, at the request of the college of mayor and aldermen, our Minister may fix the contribution to the municipality's expense of the costs at a lower amount or determine the costs to be paid by the municipality of the Minister of Finance. No part of the cost is due.
1 Our Minister, upon application, shall make a contribution to the costs arising from the provision of assistance in the fight against disasters in Belgium or Germany in accordance with the agreements concluded with those countries.
2 The application may be submitted by the colleges of mayor and aldermen, the boards of security regions, the Dutch Red Cross, as well as the institutions in the region, health care providers, Regional AmbulanceFacilities and health services specified in Article 33, first paragraph, of the Safety Regions Act The one who was involved in the assistance.
3 For a contribution as referred to in paragraph 1, the following shall be eligible:
a. The cost of personnel;
(b) the cost of replacing consumables;
(c) the costs of replacing all or part of equipment which have been lost;
d. the cost of repair and maintenance;
e. the cost of housing or care of the staff made within or outside the Netherlands;
f. the cost of insurance for action abroad in disaster situations, in so far as coverage of that action is not already part of the usual insurance conditions.
1 Applications referred to in the Articles 2 , 3 and 4 , no later than 12 months after the end of the assistance or the fight against the disaster and the consequences thereof, shall be submitted to our Minister.
2 The application shall be accompanied by the list of costs, which shall be provided with supporting documents, together with a report of events.
3 Costs of which the height is not yet to be determined are estimated.
Our Minister shall decide within six months of the submission of the application.
Our Minister may withdraw or alter a contribution rate to the detriment of the recipient:
a. on the basis of the facts or circumstances of which our Minister could not reasonably have been informed of the contribution to the contribution and on the basis of which the contribution would have been fixed lower; or
b. if the contribution rate was incorrect and the recipient knew or belonged to it.
The Decision on the municipalities and municipalities in the event of disasters and major accidents and on the Decision on State aid costs for local and regional authorities and regional fire-extinguishes are repealed.
This Decision is based on Article 55, fifth paragraph, of the Safety Regions Act .
This Decision shall enter into force as from the first day of the second calendar month following the date of issuance of the Official Gazette.
This decision is cited as: Decision on contributions of the aid and control costs.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
' s-Gravenhage, 24 January 2002
Beatrix
The Secretary of State for the Interior and Kingdom Relations,
G. M. de Vries
Published the seventh of February 2002The Minister of Justice,
A. H. Korthals