belgiquelex.be - Carrefour Bank of Legislation 9 NOVEMBER 2015. - An Act to endorse the Agreement between the European Union and its Member States, on the one hand, and Iceland, on the other hand, concerning the participation of Iceland in the joint implementation of the commitments of the European Union, its Member States and Iceland during the second period of commitment of the Kyoto Protocol to the United Nations Framework Convention on Climate Change, 1 in Brussels,er April 2015 (1) (2)
PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
Article 1
er. This Act regulates a matter referred to in Article 74 of the Constitution.
Art. 2. The Agreement between the European Union and its Member States, on the one hand, and Iceland, on the other hand, concerning the participation of Iceland in the joint implementation of the commitments of the European Union, its Member States and Iceland during the second commitment period of the Kyoto Protocol to the United Nations Framework Convention on Climate Change, made in Brussels on 1
er April 2015, will release its full effect.
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, 9 November 2015.
PHILIPPE
By the King:
Minister of Foreign and European Affairs,
D. REYNDERS
Minister of Energy, Environment and Sustainable Development,
Mrs. M.-Ch. MARGHEM
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Notes
(1) House of Representatives (www.lachambre.be):
Documents: No. 54 - 1250
Full report : 29/10/2015
(2) See Decree of the Flemish Region of 30/10/2015 (Moniteur belge du 26/11/2015), Decree of the Walloon Region of 16/10/2015 (Moniteur belge du 29/10/2015), Order of the Brussels Capital Region of 29/07/2015 (Moniteur belge du 12/08/2015)
AGREEMENT BETWEEN THE EUROPEAN UNION AND THE MEMBERS, OF A PART, AND IsLAND, OF A PART, CONCERNING THE PARTICIPATION OF IsLAND TO THE EXECUTION OF THE EUROPEAN UNION, OF SCADES MEMBERS AND OF IsLAND TO THE UNITED
EUROPEAN UNION
(hereinafter referred to as "Union"),
BELGIUM,
THE REPUBLIC OF BULGARIA,
LA REPUBLIQUE TCHEQUE,
DANEMARK,
THE GERMANY FEDERAL REPUBLIC,
THE REPUBLIC OF ESTONIA,
IRILAND,
LA REPUBLIQUE HELLENIQUE,
SPANISH ROY,
THE FRENCH REPUBLIC,
THE REPUBLIC OF CROATIA,
THE ITALIAN REPUBLIC,
THE REPUBLIC OF CHYPRE,
THE REPUBLIC OF LETTONIA,
LA REPUBLIQUE DE LITUANIE,
LUXEMBOURG,
HUNGARY,
THE REPUBLIC OF MALTE,
ROYAUME DES PAYS-BAS,
THE REPUBLIC OF AUTRICHE,
THE REPUBLIC OF POLAND,
THE PORTUGAISE REPUBLIC,
THE ROMANIA,
THE REPUBLIC OF SLOVENIA,
THE SLOVATIC REPUBLIC,
THE REPUBLIC OF FINLAND,
The SUEDE ROYAUME,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND
on the one hand
and ISISLAND
on the other hand
(hereinafter referred to as "parts"),
WHERE:
the joint declaration issued in Doha on 8 December 2012 states that it is understood that the quantified commitments of limitation and reduction of emissions for the Union, its member States, Croatia and Iceland during the second commitment period under the Kyoto Protocol will be fulfilled jointly, in accordance with Article 4 of the Kyoto Protocol, that Article 3, paragraph 7 ter, of the Kyoto Protocol shall apply individually to a assigned amount,
in this statement, the Union, its Member States and Iceland indicated that they will simultaneously deposit their instruments of acceptance, as was the case with the Kyoto Protocol itself, in order to ensure a simultaneous entry into force for the Union, its 27 Member States, Croatia and Iceland;
Iceland participates in the Climate Change Committee of the European Union, established in accordance with Article 26 of Regulation (EU) No 525/2013, as well as Working Group I as part of the Climate Change Committee,
AGAINST THE FIRST AGREEMENT:
ARTICLE 1
Purpose of the agreement
The objective of this Agreement is to establish the terms and conditions governing Iceland's participation in the joint implementation of the commitments of the European Union, its member States and Iceland for the second commitment period of the Kyoto Protocol and to allow for the effective implementation of this participation, including Iceland's contribution to the implementation by the Union of its declaration obligations for the second commitment period of the Kyoto Protocol.
ARTICLE 2
Definitions
For the purposes of this Agreement:
(a) "Kyoto Protocol", the Kyoto Protocol to the United Nations Framework Convention on Climate Change (UNFCCC), as amended by the Doha Audit Protocol amendment, adopted on 8 December 2012 in Doha;
(b) "Doha Amendment", the Doha Amendment to the Kyoto Protocol to the UNFCCC, adopted on 8 December 2012 in Doha, establishing the second commitment period of the Kyoto Protocol, ranging from 1
er January 2013 until December 31, 2020;
(c) "terms of joint execution", the terms set out in Annex 2 to this Agreement;
(d) " SEQE Directive", Directive 2003/87/EC of the European Parliament and the Council of 13 October 2003 establishing a system for the exchange of greenhouse gas emission quotas in the Community, as amended.
ARTICLE 3
Joint implementation
1. The parties agree to jointly implement their quantified emission limitation and reduction commitments for the second commitment period in the third column of Annex B to the Kyoto Protocol, in accordance with the terms of joint execution.
2. For this purpose, Iceland shall take all necessary measures to ensure that its aggregate anthropogenic emissions, expressed as carbon dioxide equivalent, during the second commitment period, of the greenhouse gases specified in Annex A to the Kyoto Protocol resulting from the sources and sinks covered by the Kyoto Protocol, which do not fall within the scope of the SEQE directive, do not exceed the amount assigned to it, as defined by the Kyoto Protocol.
3. Without prejudice to Article 8 of this Agreement, Iceland withdraws from its national registry, at the end of the second commitment period, and in accordance with Decision 1/CMP.8 and other relevant decisions adopted by the UNFCCC or Kyoto Protocol bodies, as well as by joint execution, the AAUs, CERs, ERUs, AMUs, ERUs, ERCETs or ERCEDs that have been allocated to it
ARTICLE 4
Application of the relevant EU legislation
1. The legal acts listed in Appendix 1 to this Agreement are binding on Iceland and made applicable to Iceland. When the legal acts contained in this annex contain references to the Member States of the Union, these references are also, for the purposes of this Agreement, as references to Iceland.
2. Annex 1 to this Agreement may be amended by a decision of the Joint Implementation Committee established by section 6 of this Agreement.
3. The Joint Implementation Committee may establish new technical terms and conditions for the application to Iceland of the legal acts listed in Appendix 1 to this Agreement.
4. In the case of amendments to Schedule 1 to this Agreement that require amendments to the primary legislation in Iceland, the coming into force of these amendments takes into account the time required for the adoption of these amendments by Iceland and the need to ensure compliance with the requirements of the Kyoto Protocol and decisions.
5. It is particularly important that the Commission proceed as it usually does and consult with experts, including Icelandic experts, before adopting delegated acts included or to include in Appendix 1 to this Agreement.
ARTICLE 5
Declaration
1. No later than 15 April 2015, Iceland shall transmit to the UNFCCC secretariat a report to facilitate the calculation of the amount allocated to it, in accordance with this Agreement, to the requirements of the Kyoto Protocol, the Doha Amendment and the decisions adopted thereon.
2. The Union shall prepare a report to facilitate the calculation of the assigned amount of the Union and a report to facilitate the calculation of the assigned amount of the Union, its member States and Iceland (hereinafter referred to as "jointly assigned amount"), in accordance with this Agreement, the requirements of the Kyoto Protocol, the Doha Amendment and the decisions adopted thereon. The Union shall forward these reports to the UNFCCC secretariat by 15 April 2015.
ARTICLE 6
Joint Implementation Committee
1. A joint enforcement committee, composed of representatives of the parties, is established.
2. The Joint Implementation Committee shall ensure the effective implementation and operation of this Agreement. To this end, it shall make the decisions set out in Article 4 of this Agreement and shall exchange views and information concerning the implementation of the terms of joint execution. The Joint Implementation Committee shall decide all decisions by consensus.
3. The Joint Implementation Committee shall meet at the request of one or more parties or at the initiative of the Union. This request is addressed to the Union
4. The members of the Joint Implementation Committee representing the Union and its Member States are initially the representatives of the Commission and the Member States also participating in the Climate Change Committee of the European Union, which was established in accordance with Article 26 of Regulation (EU) No 525/2013 of the European Parliament and Council (1). The representative of Iceland is appointed by the Ministry of the Environment and Natural Resources of his country. The meetings of the Joint Implementation Committee are held, to the extent possible, in conjunction with the meetings of the Climate Change Committee.
5. The Joint Implementation Committee adopts its rules of procedure by consensus.
ARTICLE 7
Lack of reserve
This Agreement shall not grant any reservation.
ARTICLE 8
Duration and conformity
1. This Agreement shall be concluded for the period up to the end of the additional period for the fulfilment of the commitments during the second commitment period of the Kyoto Protocol or until any issue of implementation under the Kyoto Protocol for either of the parties, relating to that commitment period or to the implementation of the joint execution, is resolved, the later date being selected. This Agreement may not be terminated before it is terminated.
2. Iceland shall notify the Joint Implementation Committee of any impending breach or breach of the provisions of this Agreement. Such a failure must be justified to the satisfaction of its members within 30 days of its notification. Otherwise, the breach of the provisions of this Agreement constitutes a violation of this Agreement.
3. In the event of a violation of this Agreement or objection issued by Iceland with respect to the amendment of its Annex 1, pursuant to Article 4, paragraph 2, Iceland shall report on the aggregate anthropogenic emissions, expressed as carbon dioxide equivalent, by the sources and absorption by the wells in Iceland covered by the Kyoto Protocol during the second commitment period,
ARTICLE 9
Depositary
This Agreement, written in duplicate in German, English, Bulgarian, Croatian, Danish, Spanish, Estonian, Finnish, French, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Dutch, Polish, Portuguese, Romanian, Slovak, Slovenian, Swedish, Czech and Icelandic, all texts being equally authentic, is deposited with the Secretary General of the Council of the European Union.
ARTICLE 10
Deposit of instruments of ratification
1. This Agreement shall be ratified by the parties in accordance with their respective national provisions. Each party deposits its instrument of ratification with the Secretary General of the Council of the European Union, either before the deposit of its instrument of acceptance of the Doha amendment with the Secretary General of the United Nations, or simultaneously.
2. Iceland deposits its instrument of acceptance of the Doha amendment with the Secretary-General of the United Nations, in accordance with Article 20, paragraph 4, and Article 21, paragraph 7, of the Kyoto Protocol, no later than the date of deposit of the last instrument of acceptance by the Union or its Member States.
3. At the time of deposit of its instrument of acceptance of the Doha Amendment, Iceland also notifies the terms of joint execution, on its own behalf, to the secretariat of the United Nations Framework Convention on Climate Change, in accordance with Article 4, paragraph 2, of the Kyoto Protocol.
ARTICLE 11
Entry into force
This Agreement shall enter into force on the ninetieth day after the date on which all parties have deposited their instruments of ratification.
IN WITNESS WHEREOF, the undersigned plenipotentiaries, duly authorized to do so, have signed this Agreement.
Done in Brussels, 1
er April 2015.
____
Note
(1) Regulation (EU) No 525/2013 of the European Parliament and of the Council of 21 May 2013 on a mechanism for the monitoring and reporting of greenhouse gas emissions and for the declaration, at the national and EU level, of further information related to climate change and repealing Decision No. 280/2004/EC (JOUE L 165 of 18.6.2013, p. 13).
Annex 1
(List provided for in Article 4)
1. Regulation (EU) No 525/2013 of the European Parliament and of the Council of 21 May 2013 on a mechanism for the monitoring and reporting of greenhouse gas emissions and for the declaration, at the national and EU level, of other information relating to climate change and repealing Decision No. 280/2004/EC (hereinafter referred to as "Regulation 525/2013"), except Articles 4, 7, point (f), 15 The provisions of section 21 shall apply as appropriate.
2. Current and future delegated acts based on Regulation (EU) No 525/2013.
Annex 2
NOTIFICATION OF THE TERMS OF THE AGREEMENT RELATING TO THE EXECUTION OF THE ENGAGEMENTS OF THE EUROPEAN UNION, SET MEMBERS AND IsLAND PREVUS TO THE ARTICLE 3 OF THE KYOTO PROTOCOL, FOR THE SECOND PERIODE OF THE ENGAGEMENT OF THE KYOTOCY
1. Members of the agreement
The European Union, its Member States and the Republic of Iceland, all parties to the Kyoto Protocol, are members of the agreement (hereinafter referred to as "members"). The Member States of the European Union are currently:
the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, Romania, the Republic of Italy, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, Hungary, the Republic of Malta, the Kingdom of the Netherlands
Iceland is a party to the agreement under the agreement between the European Union and its Member States and Iceland regarding Iceland's participation in the joint implementation of the commitments of the European Union, its Member States and Iceland during the second commitment period of the Kyoto Protocol to the United Nations Framework Convention on Climate Change.
2. Joint implementation of commitments under Article 3 of the Kyoto Protocol for the second commitment period of the Kyoto Protocol
In accordance with Article 4, paragraph 1, of the Kyoto Protocol, members fulfil their commitments under Article 3 of the Kyoto Protocol as indicated below.
- in accordance with Article 4, paragraphs 5 and 6, of the Kyoto Protocol, members shall ensure that, in member States and Iceland, the cumulative total of aggregate anthropogenic emissions, expressed as carbon dioxide equivalent, of greenhouse gases specified in Annex A to the Kyoto Protocol does not exceed their assigned amount jointly;
- the application of Article 3, paragraph 1, of the Kyoto Protocol to greenhouse gas emissions due to air and sea transport for Member States and Iceland is based on the approach followed by the convention that only emissions from domestic flights and national maritime traffic are included in the objectives of the parties. The European Union's approach to the second commitment period of the Kyoto Protocol will be identical to the one that was followed for the first commitment period, taking into account the little progress made since Decision 2/CP.3 with regard to the inclusion of these emissions in the objectives of the parties. This approach does not detract from the rigour of European Union commitments within the framework of all climate and energy measures, which remain unchanged. It also does not exclude the need to take measures concerning the emissions of the gases concerned from the fuels used in air and sea transport;
- each member can raise the level of ambition of his or her commitment by transferring assigned amount units, emission reduction units or certified emission reduction units to a cancellation account established in the national registry. Members will jointly submit the information required in paragraph 9 of Decision 1/CMP.8 and will jointly communicate any possible proposals for Article 3, paragraphs 1 ter and 1 quater, of the Kyoto Protocol;
- members will continue to apply Article 3, paragraphs 3 and 4, of the Kyoto Protocol and decisions adopted under the Kyoto Protocol individually;
- the cumulative emissions of the base year of the members will be equal to the total emissions of each Member State and Iceland for their respective base years;
- if the use of land, the change in land allocation and forestry constituted in 1990 a net source of greenhouse gas emissions for a member State or Iceland, the member concerned, in accordance with Article 3, paragraph 7bis, of the Kyoto Protocol, takes into account in its emissions corresponding to the reference year or the reference period the aggregated anthropogenic emissions by sources
- the calculation under Article 3, paragraph 7 ter, of the Kyoto Protocol shall apply to the assigned amount of the second commitment period for members, determined in accordance with Article 3, paragraphs 7bis, 8 and 8bis, of the Kyoto Protocol and to the total annual average emissions of members for the first three years of the first commitment period, multiplied by eight;
- pursuant to Decision 1/CMP.8, units of the surplus unit reserve account of the previous period of a member may be withdrawn during the additional period for the performance of the commitments of the second commitment period as the emissions of the second commitment period exceed the assigned amount for that commitment period, as defined in this notification.
3. Levels of emissions assigned to members
The quantified emission limitation and reduction commitments for members, as set out in the third column of Annex B to the Kyoto Protocol, are 80%. The amount allocated jointly by members for the second commitment period will be determined in accordance with Article 3, paragraphs 7bis, 8 and 8bis, of the Kyoto Protocol and its calculation will be facilitated by the report submitted by the European Union under paragraph 2 of Decision 2/CMP.8.
The respective emission levels of the members are:
- the emission level of the European Union corresponds to the difference between the assigned amount of members and the total emission levels of the Member States and Iceland. Its calculation will be facilitated by the report provided in accordance with paragraph 2 of Decision 2/CMP.8;
- the respective emission levels of the Member States and Iceland in accordance with Article 4, paragraphs 1 and 5, of the Kyoto Protocol correspond to the total of their respective quantities indicated in Table 1 below and any results arising from the application of the second sentence of Article 3, paragraph 7bis, of the Kyoto Protocol for a Member State or Iceland.
The assigned amounts of members are equal to their respective emission levels.
The assigned amount of the European Union will be recorded in greenhouse gas emissions from sources under the European Union's emissions trading system, to which its member states and Iceland participate, as these emissions are covered by the Kyoto Protocol. The respective assigned amounts of Member States and Iceland cover greenhouse gas emissions by sources and sink absorption in each Member State or Iceland with respect to sources and sinks not covered by the Directive 2009/29/EC of the European Parliament and the Council amending Directive 2003/87/EC to improve and extend the community greenhouse gas exchange system. These emissions include all emissions by sources and absorption by sinks covered by Article 3, paragraphs 3 and 4, of the Kyoto Protocol and all nitrogen trifluoride emissions (NF3) under the Kyoto Protocol.
The members of the agreement separately present information on emissions by sources and absorption by sinks covered by their respective assigned amounts.
Table 1
Emission levels of Member States and Iceland (before applying Article 3, paragraph 7bis) in tonnes equivalent to carbon dioxide for the second commitment period of the Kyoto Protocol
List of signatory countries
