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the minister and state secretary of finance (because of special powers for financial markets);
movables and immovable property that are commercially operated, where the candidate has
influence over management and operations, and insofar as the cumulative net annual proceeds
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exceed €3,500 ; options on shares that can be exercised during the term of office; option of
returning or ‘zero-hour contract’ at an employer; financial and business interests of a partner in case
of a marriage in community of property.

Contracts with state authorities

85. There is no explicit prohibition on PTEFs entering into contracts with State authorities.
However, it would appear that such relations are excluded as in relation to financial and business
interests of cabinet members, any appearance of subjective decision-making must also be avoided
and this is not limited only to the policy area for which a minister or state secretary is directly
responsible (as noted in the Handbook). Moreover, general legislation on public procurement is fully
applicable in this context.

Gifts

86. The Regulation for the Adoption of Protocol Instructions 2016 (Instruction 3) and the
Handbook (Chapters 5.1.10 and 5.4.3) provide guidance on the issue of gifts. In summary these
guidelines provide the following instructions: Cabinet members must always exercise utmost
restraint when accepting gifts. Gifts that cabinet members in office or their partners receive in that
capacity from third parties are classified as government gifts, which are to be registered by the
Protocol office (description of the gift, donor, occasion and date).

87. There are also some rules in place on the management of gifts within ministries and public
administration. It is the secretary general of a ministry that is responsible for this.

88. The GET notes that there are guidelines in place on acceptance of gifts by PTEFs. Gifts above
the value of €50 are to be registered by the ministry and gifts of a lesser value than €50, given
directly to a minister, can be kept without further registration. However, there is no explicit value
limit as such for what is an acceptable gift. There appears to be no threshold in respect of several
accepted gifts from the same donor (e.g. annually). Furthermore, the notion of gifts is not explained
in detail. Although it would appear that all forms of services representing a monetary value are
covered, it is less clear to what extent other forms of benefits, such as hospitality and invitations etc.
are covered according to the guidelines. Moreover, the registered gifts offered to PTEFs are not
made public (contrary to registers of gifts and travels of the House of Representatives). In view of the
foregoing, the GET believes it would be helpful if a clearer line was drawn, and better explained to
PTEFs and to the public, between acceptable and unacceptable gifts, introducing an annual threshold
for accepted gifts and covering a broad variety of benefits and hospitality. Moreover, transparency
and oversight, including public scrutiny in respect of registered gifts offered to PTEFs, need to be
enhanced. The authorities are invited to address these concerns as already recommended in
paragraph 43.

Misuse of public resources

89. As stated in chapter 5.1.5 of the Handbook for Ministers and State Secretaries, rules are in
place to prevent the misuse of public resources for private or political gain. Expenses and benefits
have to be justified. Misuse of public resources may constitute a criminal offence.

convert or place that package of shares/participating interests at arm’s length would be disproportionate against that
background.
28 This threshold is taken from the income tax exemption for providing lodgings.

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