Law Approving The Cooperation Agreement Between The Federal State, The Flemish Region, The Walloon Region And The Brussels - Capital Region, For The Transfer Of Aaus To The Regions For The Period 2008-2012 (1)

Original Language Title: Loi portant assentiment à l'accord de coopération entre l'Etat fédéral, la Région flamande, la Région wallonne et la Région de Bruxelles-Capitale, relatif au transfert d'unités de quantité attribuée aux régions pour la période 2008-2012 (1)

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2016024030&caller=list&article_lang=F&row_id=100&numero=103&pub_date=2016-02-11&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2016-02-11 Numac: 2016024030 PUBLIC SERVICE FEDERAL public health, food chain safety and environment 17 July 2015. -Law approving the cooperation agreement between the federal State, the Flemish Region, the Walloon Region and the Brussels - Capital Region, for the transfer of AAUs to the regions for the period 2008-2012 (1) PHILIPPE, King of the Belgians, to all, present and future, hi.
The House of representatives has adopted and we sanction the following: Article 1. This Act regulates a matter referred to in article 74 of the Constitution.
S. 2 consent is given to the cooperation agreement between the federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region concerning the transfer of AAUs to the regions for the period 2008-2012, concluded at Brussels, 17 July 2015, annexed to this Act.
S. 3. this Act comes into force the day of its publication in the Moniteur belge.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, 17 July 2015.
PHILIPPE by the King: Minister of energy, Ms. M.C. MARGHEM sealed with the seal of the State: the Minister of Justice, K. GARG _ Note (1) House of representatives (www.lachambre.be) Documents: 54 1439 full record: 13 January 2016 cooperation agreement of 17 July 2015 between the federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region concerning the transfer of AAUs to the regions for the period 2008-2012 having regard to article 39 of the Constitution;
Having regard to the Special Act of 8 August 1980 reform of the institutions, article 6, § 1, II, 1 ° and article 92bis, § 1, inserted by the special law of 8 August 1988 and modified by the Special Act of 16 July 1993;
Having regard to the Special Act of 12 January 1989 relating to Brussels Institutions, article 42;
Having regard to the agreement of cooperation of November 14, 2002, between the federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region relative to the establishment, execution and monitoring of a Plan national climate, as well as the preparation of reports, in the context of the framework Convention of the United Nations on climate change and the Kyoto Protocol;
Having regard to the cooperation agreement of February 19, 2007, between the federal authority, the Flemish Region, the Walloon Region and the Brussels-Capital Region on the implementation of certain provisions of the Kyoto Protocol;
Having regard to the cooperation agreement of 18 June 2008 between the federal State, the Flemish Region, the Walloon Region and the Region of Brussels - capital on the Organization and administrative management of the registry system standardised and secured by Belgium in accordance with directive 2003/87/EC of the European Parliament and of the Council and decision No 280/2004 / EC of the European Parliament and of the Council;
Having regard to the decision of the Conciliation Committee of 8 March 2004 on the allocation of national expenditures related to the Kyoto Protocol (point 1: Kyoto: national burden-sharing);
Whereas, under article 15, § 4 of the cooperation agreement of February 19, 2007, a region may apply in writing to the administrator of the registry that a limited part of the Belgium's assigned amount is transferred from the deposit account of part of the Belgium a person holding account specially opened for this purpose by the region concerned provided that this quantity is transferred back before the end of the first commitment period and prior to the audit, at the request of the relevant competent authority, to a specific party holding account created for this purpose, managed by the administrator of the registry;
Whereas that this part is limited for each region to a maximum of 5% of five times the gas emissions greenhouse during the reference year in the region concerned, reduced by 7.5%;
Whereas for this transfer, the registry administrator must therefore have the final figures relating to emissions during the reference year in the region concerned;
Whereas that the confirmation of these figures in a cooperation agreement guarantees legal certainty;
Considering that these figures are already established by national inventory of emissions from the year 2006 greenhouse gases, such as revised following the review of the "initial report" of the Belgium issued in accordance with article 7 § 1 of decision No 280/2004/EC;
Considering that, according to international rules, greenhouse gas emissions are recorded in inventories submitted to the European Union and the United Nations.
For the sector of road transport, inventories are based on greenhouse gas emissions based on fuel sales. These statistics are published by the Federal economy Public Service.
Whereas that statistics published by the Federal Public Service mobility transport experienced in 2008 significant changes, with the result of inducing inconsistencies between the estimation of regional emissions of gases greenhouse effect attributed to the sector of road for the reference year and the estimation of emissions of each year of the first commitment period of the Kyoto Protocol namely 2008-2012;
Whereas these discrepancies affect the comparability of regional inventories of emissions relative to the base year and the years of the commitment period;
The Federal Government represented by the federal Government, in the person of the Prime Minister and the Minister of energy, the environment and sustainable development the Flemish Region represented by the Flemish Government, in the person of the Prime Minister and the Minister of the environment, nature and Agriculture;
The Walloon Region represented by the Walloon Government, in the person of the Prime Minister and the Minister of local government, of the city, housing and energy
The Brussels - Capital Region, Represented by the Brussels-capital Government, in the person of the Minister-President and Minister of housing, quality of life, the environment and energy, have agreed as follows: Article 1. For the purposes of this agreement of cooperation, is meant by: 1 ° the registry administrator: who manage and maintain the register in accordance with the requirements of directive 2003/87/EC, decision No 280/2004/EC and Regulation (EC) No 994/2008;
2 ° assigned amount: the amount of gas emissions to greenhouse effect, expressed in tonnes of equivalent-carbon dioxide, calculated according to emission levels determined in accordance with article 7 of decision 280/2004/EC;
3 ° assigned amount unit (AAU): a unit issued pursuant to article 7, paragraph 3 of decision No 280/2004/EC;
4 ° reference year: 1990 for carbon dioxide, methane and nitrous oxide and 1995 for sulphur hexafluoride, perfluorocarbons and hydrofluorocarbons.
S.
2. the gas emissions to greenhouse during the reference year of the first commitment period settled in: 1 ° for the Flemish Region: 86.986.744 tonnes CO2 equivalent;
2 ° for the Walloon Region: 54.725.028 tonnes CO2 equivalent;
3 ° for the Brussels-Capital Region: 4.016.991 tonnes CO2 equivalent.
S. 3. pursuant to article 15, § 4 of the cooperation agreement of February 19, 2007, the maximum volume of assigned amount units that the registry administrator may transfer to a region is: 1 ° for the Flemish Region: 20.115.685 AAUs;
2 ° for the Walloon Region: 12.655.163 AAUs;
3 ° for the Brussels-Capital Region: 928.929 AAUs.
S. 4. the region address his transfer request to the registry administrator, by sending recommended with acknowledgement of receipt. At the same time, it shall transmit a copy to the President of the National Commission on climate, by sending recommended with acknowledgement of receipt. The President of the National Commission climate forwards this copy to all members of the Commission national climate.
S. 5. for the purposes of article 16 of the cooperation agreement of February 19, 2007, between the federal authority, the Flemish Region, the Walloon Region and the Brussels-Capital Region on the implementation of certain provisions of the Kyoto Protocol, the following will be applied:-the three regions will use harmonised models and the calculation of the excess fuel as specified in the annex to this agreement;
-inventory of the emissions attributed to the sector of trucking in the Region of Brussels - capital will be developed on the basis of the number of kilometres travelled under consideration for the establishment of the inventory of emissions in the year 2008 subject to international forums in 2010, to which is applied, each year from the year 2008, the rate of evolution of the number of kilometres travelled chosen for the development of emission inventories submitted from 2012 (relative to 2010 emission inventory).
S. 6. any disputes that arise between the Contracting Parties concerning the interpretation or execution of the present agreement of cooperation will be settled within the Commission national climate, or in the absence of a solution, in the context of the Ministerial Conference on the environment and, where appropriate, of the Conciliation Committee extended. Failing a solution, the dispute shall be submitted to a court whose members will be appointed and whose operating expenses

will be distributed in accordance with article 24 of the agreement of cooperation of November 14, 2002.
S.
7. the present cooperation agreement is concluded for an indefinite period. Each Contracting Party may denounce it with six months notice.
S. 8. the cooperation agreement is published in the Moniteur belge by the central Secretariat of the Comité de concertation as soon as all Parties have given their agreement.
Established in Brussels, 17 July 2015 in as many copies as there are Parties.
For the federal Government: the Prime Minister, c.
MICHEL Minister of energy, environment and sustainable development, Ms. M.C. MARGHEM for the Flemish Region: Minister-president of the Flemish Government, G. BOURGEOIS, Flemish Minister for the environment, Nature and Agriculture, Ms. J. SCHAUVLIEGE for the Walloon Region: Minister-president of the Walloon Government, P. MAGNETTE the Walloon Minister of local authorities, of the city, housing and energy P.
FURLAN for the Brussels - Capital Region: the Minister-president of the Brussels-capital Government, R. VASU the Minister of housing, the quality of life, environment and energy, Ms. C. FREMAULT Appendix 1 Harmonisation of the calculation of emissions from road transport State of discussions to 9 1, 2013 for the implementation of article 16 of the cooperation agreement of February 19, 2007, between the federal authority the Flemish Region, the Walloon Region and the Brussels-Capital Region on the implementation of certain provisions of the Kyoto Protocol, the three Regions will use harmonised models and fuel allowance will be calculated according to the below agreements. Early 2014, the three Regions for the period 2008-2012 emission inventories will be calculated in accordance with the latest progress of the process of harmonization of regional models and data verification federal, current within the ad - hoc group road transport of the GT Emissions of Committee for the coordination of international environmental policy (CCIEP), including a State of the art is taken up below.
For the assessment of the conformity of the Region of Brussels - capital, the inventory of emissions attributed to the sector of trucking in the Region of Brussels - capital will be developed on the basis of the number of kilometres travelled under consideration for the establishment of the inventory of emissions submitted to international bodies in 2010, to which is applied, each year beginning in the year 2008, the rate of evolution of the number of kilometres travelled selected for the preparation of inventories of emissions submitted from 2012 (inventory relating to emissions from 2010).
The process of harmonization of regional models includes the following agreements (State of play): 1) use of from emission features of the European model COPERT: o each Region uses the functions of issuing such occasions in the European model COPERT 4.
o this model is regularly adapted (version 10.0 being the latest version available). Each year in March, the ad hoc road transport group determines which version of COPERT will be used (for the submission of the following year) and what years will be recalculated with the new version.
(2) common modelling parameters: o the COPERT "Improved fuel quality" setting is enabled.
o the parameter COPERT "Mileage degradation" is activated and calibrated with "IM Effect" and the default values of COPERT.
o the source for the parameter COPERT "Spleen vapour pressure" is the FAPETRO.
o slope of the road: it ignores this parameter.
o the HDV (heavy duty vehicles) loading rate: 50%.
o sulphur: determined by the FAPETRO.
o the functions of issuance of the PC (personal cars) Euro 4 diesel with particulate filter are corrected only for the PM and not for other emissions (the way in which this will be achieved will be discussed within the ad hoc group).
o over-consumption linked to the use of the AIRCO is recorded from version 10.0 COPERT 4.
o all Regions use the SPF finance data (provided by VITO) to determine the share of biofuels. Biofuels will be considered non-emitting CO2.
The impact of biofuels on the functions of other air pollutants (CH4 and N2O) emissions will not be taken into account (as long as COPERT does not support mixtures ("blend")).
(3) specific areas for modeling parameters: o "Triplengte": specific to each Region. adaptations take place in mutual consultation on the basis of new publications.
o Temperature: Uccle data are used by the Region of Brussels - capital and the Walloon Region; for the Flemish Region, it is necessary to have data per hour that CÉLINE provides based on the Flemish regional telemetric network.
o speeds: regional data are used.
(4) common processing module of the Park of the Directorate for the registration of vehicles (DIV) and statistics of transport related: o each Region will use the Park module which will be developed in 2013 on behalf of the AWAC in order to process the data of the DIV and other transport statistics as input for regional emission models. The development of this module will be managed by a Steering Committee in which each Region will be represented.
(5) common assignment of mobility (number of vehicle-kilometres travelled) module: o each region will make use of the module "ECONOTEC" for the assignment of mobility as an input for the regional program models. This module will be adapted by CELINE in the course of the year 2013 taking into account the demands made by the Brussels-Capital Region and the Flemish Region.
Some points still need to be specified in the road transport working group and inventories of 2014 should take into account the most recent decisions to be taken within the ad hoc road transport group, including: o Harmonisation of overconsumption related to air conditioning.
o "Triplengte": determination of a harmonised methodology.
o average speeds: opportunity for the determination of a harmonised methodology.
o allocation of vehicle-kilometres travelled according to the "driving mode" of COPERT: opportunity for the determination of a harmonised methodology.
For the accounting for consumption and CO2 emissions based on models and partly on the Federal Energy portrayals (reference approach), account shall be taken of the following points: • in regional models, consumption as well as emissions are established from the formulae and COPERT emission factors.
• CO2 emissions reported under the framework Convention of the United Nations on climate change are based on the energy statistics Federal (reference approach) and are established using COPERT emission factors.
The establishment and sharing of the surplus fuel (the difference between the sum of regional models and data from the federal energy balance) is performed as follows: • the difference between the sum of regional models and data from the federal energy balance (reference approach) is calculated by fuel type. This surplus is then divided by Region in proportion to their respective contributions. Each fuel has a specific emission factor. The amount of fuel (expressed in tonnes) are multiplied by their specific emission factor (expressed as kg CO2/kg of fuel, from COPERT) for CO2 emissions.
• The following corrections are to be implemented: o consumption Correction energy off-road for gasoline (based on OFFREM modelling).
o fixed related to the energy content of biofuels: following the addition of biofuels in fossil fuels, the resulting mixture does not have the same energy content as the fossil equivalent used by models.
Points concerning the further improvements in the Federal Energy o the FPS economy data gathers information on densities used by registrants.
o the SPF Finance transmits data regarding the number of litres of fuel for road transport, as well as information on the manner in which this information was calculated/collected, the ad - hoc road transport group, so that the data sets are aligned relative to the other.
o ad - hoc road transport group will verify in depth energy 2005-2008 based on statistics figures issued by the SPF Finance.
o from 2014, the division into sectors conducted by the FPS economy will be validated and possibly enhanced based on data collected at the regional level.
Both group CONCERE energy balance as the ad - hoc Road Transport Working Group are here concerned.
Concerning the international reporting of emissions of CH4 and N2O (which must also be performed according to the reference approach), a supplement is calculated according to a rule of three (ratio "fuel sold" / "fuel used" by fuel type) applied to the results of the regional models. The method runs as follows: the sum of emissions of CH4 and N2O from the regional models (by fuel type) and perform a correction according to the ratio "fuel sold" / "fuel used" by fuel type.
(CH4) BE "fuel sold" (CH4) = sum regional models "fuel used" X tonnes of fuels (sales BE) "fuel sold" /tonnes of fuels (sum of regional models) "fuel used".
Ditto for N2O.
Seen to be

annexed to the cooperation agreement of 17 July 2015 between the Federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region concerning the transfer of units of assigned amount to the regions for the period 2008-2012, Brussels, 17 July 2015.
For the federal Government: the Prime Minister, c. MICHEL Minister of energy, environment and sustainable development, Ms. M.C. MARGHEM for the Flemish Region: Minister-president of the Flemish Government, G. BOURGEOIS, Flemish Minister for the environment, Nature and Agriculture, Ms. J. SCHAUVLIEGE for the Walloon Region: Minister-president of the Walloon Government, P. MAGNETTE the Walloon Minister for local authorities the city, housing and energy, P. FURLAN for the Brussels - Capital Region: Minister-president of the Brussels-capital Government, R. VASU the Brussels Minister of housing, quality of life, environment and energy, Mrs C. FREMAULT