belgiquelex.be - Carrefour Bank of Legislation

20 JANVIER 2014. - An Act to amend the Act of 21 December 1998 establishing the "Belgian Technical Cooperation" in the form of a public law corporation (1)

PHILIPPE, 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.
Art. 2. Section 2 of the Act of 21 December 1998 establishing the Belgian Technical Cooperation as a public law corporation is replaced by the following:
"Art. 2. § 1^er. The definitions referred to in Article 2 of the Act of 19 March 2013 on Belgian Development Cooperation are applicable in this Act.
§ 2. In this Act:
1° "Technical Cooperation Expert": an expert in a partner country under CTB mandate;
2° "technical assistant": an expert in a programme or project under the terms of reference of the partner country;
3° " overseas staff": committed to international cooperation, technical cooperation experts and experts occupied in a partner country under the mandate of an organization funded by the Minister;
4° "financial cooperation": agreed initiative between the Belgian State and the partner country, by which a financial contribution is provided to the partner country. It can take the form of cash donations, loans and credit lines, guarantees, contributions to reduce interest charges, budgetary aid, debt relief or balance-of-payment assistance. Budgetary assistance and common funds (`basket funds') are specific forms of financial cooperation, set out in an agreed consignment between the Minister and the Minister who has the Budget in his or her responsibilities. ".
Art. 3. In Article 5, § 1^er and § 2, 1°, 2° and 6°, of the same law, as amended by the laws of 20 July 2006 and 27 December 2012, the words "direct" are replaced by the word "government".
Art. 4. In Article 6, § 1^erin the same Act, as amended by the Act of 30 December 2009, the following amendments are made:
(a) at 1°, the words "direct, indirect bilateral" are replaced by the words "governmental, non-governmental";
(b) at 2°, the words "indirect alien" are replaced by the word "non-governmental";
(c) the paragraph shall be supplemented by a 7°, which reads as follows:
"7° the management of reception homes in Belgium for scholarship students from developing countries.".
Art. 5. Section 8 of the Act is supplemented by the following:
", including the conclusion of conventions with governmental, non-governmental, parastatal or multilateral, private or public institutions and organizations, and for the granting of subsidies.
The grant of subsidies is based on the following criteria:
- the recipient is a public institution or a non-profit private association;
- the recipient has development cooperation among its objectives;
- the beneficiary is based or represented in the partner country concerned;
- its activities are part of the programs or projects implemented by the CTB;
- the subsidy agreement includes the description of activities, the amount, the terms and conditions of financing, the reporting obligations including the justification for the use of the means, the conditions leading to the mandatory return of the subsidy if the organization remains in default and the terms and conditions of control by the CTB."
Art. 6. In section 9ter of the Act, inserted by the Act of 27 December 2005, the following amendments are made:
1° in § 1^erthe words "direct abilateral referred to in Article 6, § 1^erthe law of 25 May 1999 on Belgian international cooperation and the words "seen to articles 7 and 8 of the same law" are replaced by the words "seen in the law of 19 March 2013 on Belgian cooperation in development";
2° in § 2, the words "9 and 10 of the law of 25 May 1999 mentioned above" are replaced by the words "25 and 26 of the law of 19 March 2013 mentioned above".
Art. 7. Article 22 of the Act, as amended by the Law of 12 June 2012, is supplemented by a paragraph 9 which reads as follows:
"§ 9. The Director General of Development Cooperation and Humanitarian Aid represents the Directorate General for Development Cooperation and Humanitarian Aid of the SPF Foreign Affairs, Foreign Trade and Development Cooperation within the Board of Directors. However, it does not have the right to vote. His remuneration is identical to that of the directors and is dependent on the CTB.".
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 20 January 2014.
PHILIPPE
By the King:
Minister of Development Cooperation,
J.-P. LABILLE
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
House of Representatives:
Doc 53-3061 (2013/2014):
001: Bill.
002: Amendments.
003: Report.
004: Text corrected by commission.
See also:
Full report: 5 December 2013.
Senate:
Doc 5-2386 - (2013/2014):
Project not referred to by the Senate.