Law Approving The Agreement Between The European Union And Its Member States, Of One Part, And Iceland, On The Other Hand, Concerning The Participation Of Iceland The Joint Fulfilment Of Commitments Of The European Union, Its Member States And The

Original Language Title: Loi portant assentiment à l'Accord entre l'Union européenne et ses Etats membres, d'une part, et l'Islande, d'autre part, concernant la participation de l'Islande à l'exécution conjointe des engagements de l'Union européenne, de ses Etats membres et de l'

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2015015165&caller=list&article_lang=F&row_id=100&numero=166&pub_date=2015-12-23&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2015-12-23 Numac: 2015015165 FEDERAL Foreign Affairs, external trade and development COOPERATION PUBLIC SERVICE November 9, 2015. -Law on consent to the agreement between the Union and its Member States, of one part, and Iceland, on the other hand, concerning the participation of Iceland to joint the Union's commitments run European, its Member States and Iceland in the second commitment period of the Kyoto Protocol to the framework Convention of the United Nations on climate change, done at Brussels on 1 April 2015 (1) (2) PHILIPPE , King of the Belgians, to all, present and to come, 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. 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 the joint fulfilment of commitments of the European Union, its Member States and Iceland in the second commitment period of the Kyoto Protocol to the framework Convention of the United Nations on climate change, done at Brussels on 1 April 2015 , will release its full and complete effect.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels, November 9, 2015.
PHILIPPE by the King: the Minister of foreign and European Affairs, D. REYNDERS. the Minister of energy, the environment and sustainable development, Ms. M. - ch. MARGHEM sealed with the seal of the State: the Minister of Justice, K. GARG _ Notes (1) House of representatives (www.lachambre.be): Documents: No. 54 - 1250 full report: 2015-10-29 (2) see Decree of the Flemish Region of 30/10/2015 (Moniteur belge of 26/11/2015) , Decree of the Walloon Region from 16/10/2015 (Moniteur belge of 29/10/2015), order of the Region of Brussels - capital of the 29/07/2015 (Moniteur belge of 12/08/2015) agreement between the UNION European and its Member States, of one PART, and Iceland, of other PART, concerning the PARTICIPATION of the Iceland A the running joint of commitments of the European UNION, of its States members and of the Iceland during the second period of commitment of Protocol from KYOTO A framework CONVENTION for The United NATIONS on the climate change the European UNION (hereinafter referred to as 'Union'), 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, the Republic of Croatia, the Italian Republic, 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, the Republic of Austria, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland on the one hand and Iceland of the other part (hereinafter referred to as "parties"), recalling that: the joint statement delivered in Doha on 8 December 2012 accurate that it is understood that quantified limitation and reduction of emissions for the Union, its Member States, Croatia and Iceland in the second commitment period to the Kyoto Protocol will be filled jointly, in accordance with article 4 of the Kyoto Protocol, that article 3, paragraph 7, of the Kyoto Protocol apply to assigned amount common, in accordance with the agreement relating to the implementation by the Union European , its Member States, Croatia and the Iceland, and will not apply to the Member States, to Croatia or to the Iceland considered individually, in this statement, the Union, its Member States and the Iceland indicated that they simultaneously deposit their instruments of acceptance, as was the case for the Kyoto Protocol itself, to ensure entry into force simultaneously for the Union its 27 Member States, Croatia and Iceland;
the Iceland participates in the Committee on climate change of the European Union, established in accordance with article 26 of Regulation (EU) No. 525-2013, as well as to the Working Group I in the context of the climate change Committee, have decided to conclude this agreement: ARTICLE 1 purpose of agreement the purpose of this agreement is to establish the terms governing the participation of Iceland to joint the Union's commitments run European its Member States and Iceland for the second commitment period of the Kyoto Protocol and to enable effective implementation of such participation, including the contribution of the Iceland to the implementation by the Union of its reporting obligations for the second commitment period of the Kyoto Protocol.
ARTICLE 2 Definitions for the purposes of this agreement, mean: has) "Kyoto Protocol" means the Kyoto Protocol to the framework convention of the United Nations on climate change (UNFCCC), as amended by the amendment of Doha audit Protocol, adopted December 8, 2012 in Doha;
(b) ' Doha amendment', the amendment from Doha to the Kyoto Protocol to the UNFCCC, adopted December 8, 2012 in Doha, establishing the second commitment period of the Kyoto Protocol, ranging from January 1, 2013, until December 31, 2020;
(c) "terms of the joint fulfilment", the terms set out in annex 2 of this agreement;
(d) ' ETS directive', Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for trading emissions of greenhouse into the community, as amended.
ARTICLE 3 joint implementation 1. The parties agree to jointly run their quantified limitation and reduction of emissions for the second commitment period listed in the third column of Annex B to the Kyoto Protocol, in accordance with the terms of the joint fulfilment.
2A this effect, the Iceland takes all measures necessary to ensure that its aggregate anthropogenic emissions, expressed as carbon dioxide equivalent, in the second commitment period, greenhouse gases listed in Annex A to the Kyoto Protocol resulting from sources and sinks under the Kyoto Protocol, which are not of the ETS directive do not exceed the quantity that it is given, as it is defined in terms of joint implementation.
3. without prejudice to article 8 of this agreement, the Iceland withdraws from its national registry at the end of the second commitment period, in accordance with Decision 1 / CMP.8 and other relevant decisions adopted by the organs of the UNFCCC or the Kyoto Protocol as well as to the terms of the joint fulfilment, AAUs, CERs, ERUS, RMUS, URCET or LCERS equal to emissions by sources and removals by sinks included greenhouse gases the amount that has been awarded.
ARTICLE 4 implementation of the relevant legislation of the Union 1. The legal acts listed in Schedule 1 of this agreement are binding for the Iceland and made applicable to the Iceland. When the legal acts listed in the annex contain references to the Member States of the Union, these references includes, for the purposes of this agreement, as references to the Iceland.
2. Annex 1 to this agreement may be amended by decision of the Joint Implementation Committee set up by article 6 of this agreement.
3. the Joint Implementation Committee may adopt new technical terms relating to the application to the Iceland of the acts listed in annex 1 of this agreement.
4. in the case of amendments to annex 1 of this agreement which require amendments to the primary legislation in Iceland, the entry into force of these amendments takes into account the time required for the adoption of these amendments by the Iceland and the need to ensure compliance with the requirements of the Kyoto Protocol and of decisions.
5. it is particularly important that the Commission proceeds as it usually does and consults with experts, including Icelandic experts, before adopt delegated acts included or to be included in annex 1 to this agreement.
ARTICLE 5 Declaration 1. No later than April 15, 2015, the Iceland shall inform the UNFCCC secretariat a report to facilitate the calculation of the amount assigned, pursuant to this agreement, to the requirements of the Kyoto Protocol, the amendment of Doha and the decisions adopted thereunder.
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 jointly the Union, its Member States and of the Iceland (hereinafter referred to as "jointly assigned amount"), pursuant to this agreement, to the requirements of the Kyoto Protocol, the amendment of Doha and the decisions adopted thereunder. The Union shall communicate these reports to the secretariat of the UNFCCC at the latest April 15, 2015.
ARTICLE 6 Joint Implementation Committee 1. A joint implementation Committee, consisting of representatives of the parties, is established.
2. the Joint Implementation Committee oversees the implementation and the effective functioning of this agreement. To this end, it shall take the decisions foreseen in article 4 of this agreement and carries out exchanges of views and information regarding the implementation of the terms of the joint fulfilment. The Joint Implementation Committee shall adopt its decisions by consensus.

3. the Joint Implementation Committee will meet at the request of one or more of the parties or on the initiative of the Union. This request is addressed to the Union 4. The members of the Committee of joint implementation representing the Union and its Member States initially are the representatives of the Commission and Member States also participate in the Committee of climate change of the European Union, which had been prepared in accordance with article 26 of Regulation (EU) No. 525-2013 of the European Parliament and of the Council (1). The representative of the Iceland is appointed by the Ministry of the environment and natural resources of his country. The Joint Implementation Committee meetings are held, insofar as possible, correspondingly to those of the Committee on climate change.
5. the Joint Implementation Committee adopted its rules of procedure by consensus.
ARTICLE 7 Absence of reserve this agreement permits no reservations.
ARTICLE 8 duration and compliance 1. This agreement is concluded for the period up to the end of the additional period for fulfilling commitments during the second commitment period of the Kyoto Protocol or until any questions of implementation in respect of the Protocol of Kyoto for one or other of the parties related to this commitment period or the implementation of the joint implementation , is resolved, whichever is the later date. This agreement may not be terminated before.
2. the Iceland shall notify the Joint Implementation Committee any failure or imminent failure in the application of the provisions of this agreement. Such a breach must be justified to the satisfaction of its members within 30 days of its notification.
In the contrary case, the failure in the application of the provisions of this agreement constitutes a violation of this agreement.
3. in case of violation of this agreement or objection issued by Iceland with regard to the amendment of its annex 1, in accordance with article 4, paragraph 2, the Iceland reflects aggregated anthropogenic emissions expressed in equivalent carbon dioxide, by sources and removals by sinks in Iceland covered by the Kyoto Protocol during the second commitment period including emissions from sources covered by the system of trading emissions of greenhouse of the European Union, compared to its target figure of emission reduction in the third column of Annex B to the Kyoto Protocol and, at the end of the second commitment period, withdraw from its national registry AAUs CERs, ERUS, RMUS, LCERS or URCET equivalent to these emissions.
ARTICLE 9 depositary this agreement, drawn up in duplicate in the languages 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, shall be deposited with the Secretary general of the Council of the Union European.
ARTICLE 10 filing of instruments of ratification 1. This agreement is ratified by the parties in accordance with their respective national provisions. Each party deposited its instrument of ratification with the Secretary-General of the Council of the European Union, before the deposit of its instrument of acceptance of the amendment to Doha with the Secretary-General of the United Nations, either at the same time.
2. the Iceland deposited its instrument of acceptance of the amendment to Doha 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 on the date of deposit of the last instrument of acceptance by the Union or its Member States.
3. at the time of the deposit of its instrument of acceptance of the amendment of Doha, the Iceland shall notify also the terms of the joint fulfilment, in his own name, to the secretariat of the framework convention of the United Nations on climate change, in accordance with article 4, paragraph 2, of the Kyoto Protocol.
ARTICLE 11 entry into force this agreement comes into force the ninetieth day after the date on which all parties have deposited their instrument of ratification.
IN witness whereof, the undersigned plenipotentiaries being duly authorized to that effect, have signed this agreement.
Done at Brussels, 1 April 2015.
_ Note (1) Regulation (EU) No. 525-2013 of the European Parliament and of the Council of 21 may 2013 concerning a mechanism for monitoring and reporting of gas emissions to greenhouse effect and to the declaration, at the national level and at the level of the Union, other information relating to climate change and repealing Decision No 280/2004/EC (OJEU L 165, the 18.6.2013 (, p. 13).

Annex 1 (list referred to in article 4) 1. Regulation (EU) No. 525-2013 of the European Parliament and of the Council of 21 may 2013 concerning a mechanism for monitoring and reporting of gas emissions to greenhouse effect and to the declaration, at the national level and at the level of the Union, 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 to 20 and 22. The provisions of article 21 shall apply as appropriate.
2 acts delegated and implementing, current and future, based on the Regulation (EU) No. 525/2013.

ANNEX 2 NOTIFICATION OF THE TERMS OF THE AGREEMENT HAS RUN JOINT OF THE COMMITMENTS OF THE EUROPEAN UNION, ITS MEMBER STATES AND ICELAND PROVIDED WAS ARTICLE 3 OF THE KYOTO PROTOCOL, FOR THE SECOND COMMITMENT PERIOD OF THE KYOTO PROTOCOL, ADOPTED BY DECISION 1/CMP.8 ADOPTED BY THE CONFERENCE OF THE PARTIES HAS THE FRAMEWORK CONVENTION OF THE UNITED NATIONS ON CLIMATE CHANGE ACTING AS THE MEETING OF THE PARTIES TO THE KYOTO PROTOCOL, IN ACCORDANCE WITH ARTICLE 4 OF THE KYOTO PROTOCOL 1. Members of the agreement the European Union, its Member States and the Republic of Iceland, all being parties to the Kyoto Protocol, are members of the agreement (hereinafter referred to as 'members'). The Member States of the Union European 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, the Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Republic of Croatia, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg the Hungary, Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, the Romania, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland.
The Iceland is a party to the agreement under the agreement between the European Union and its Member States and the Iceland on the participation of Iceland the joint fulfilment of 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 fulfilment 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 meet their commitments under article 3 of the Protocol as shown below.
-pursuant to article 4, paragraphs 5 and 6 of the Kyoto Protocol, the members shall ensure that, in the Member States and Iceland, the cumulative total of aggregated anthropogenic emissions, expressed in carbon dioxide-equivalent terms, greenhouse gases indicated to Annex A of the Kyoto Protocol is not their amount attributed jointly;
-the application of article 3, paragraph 1 of the Kyoto Protocol on greenhouse gas emissions to air and maritime transportation for the Member States and the Iceland is based on the approach followed by the convention that only emissions from domestic flights and national maritime traffic are included in objectives portions. The approach of the European Union with respect to the second commitment period of the Kyoto Protocol will be identical to that which was followed for the first commitment period, given the limited progress made since the Decision 2/CP.3 with regard to taking account of these emissions in the objectives of the parties. This approach does not detract from the rigour of the commitments of the European Union as part of the package of measures on climate and energy, that remain unchanged. It does nor preclude the need to take action regarding the gas emissions concerned from bunker fuels used in air and maritime transport;
-each Member can raise the level of ambition of its commitment by transferring units of assigned amount, reductions of emissions or emission reductions certified to a cancellation account in the national registry. Members will jointly present the information required in paragraph 9 of Decision 1/CMP.8 and jointly communicate any proposal for the purposes of article 3, paragraphs 1 b and 1 c, of the Kyoto Protocol;
-Members will continue to implement article 3, paragraphs 3 and 4, of the Kyoto Protocol and the decisions adopted thereunder individually;

-emissions of the reference year for members will be equal to the total emissions of each Member State and the Iceland for their respective reference years;
-If the land use, land-use change and forestry constituted in 1990 a net source of gas emissions greenhouse for a Member State or Iceland, the Member concerned, in accordance with article 3, paragraph 7A, of the Kyoto Protocol, takes into account in its emissions in the year of reference or the reference period aggregate sources anthropogenic emissions expressed as carbon dioxide equivalent, net of removals by sinks during the reference year or reference period, resulting from the use of the land, of the change of land and forestry, for the purposes of the calculation of the assigned amount jointly members determined in accordance with article 3, paragraphs 7A, 8 and 8A of the Kyoto Protocol;
-the calculation under article 3, paragraph 7 of the Kyoto Protocol apply to assigned amount jointly the second period of commitment for members, as determined in accordance with article 3, paragraphs 7A, 8 and 8A, the Kyoto Protocol and the total of the average annual emissions of the members for the first three years of the first commitment period multiplied by eight;
-According to Decision 1/CMP.8, units of the surplus of the period of a member units reserve account may be withdrawn during the additional period for fulfilment of commitments for the second commitment period insofar as the emissions of the second commitment period exceed the quantity allocated for the commitment period, as defined in the present notification.
3 respective emissions allocated to Member liabilities quantified limitation and reduction of emissions for the members, listed in the third column of Annex B to the Kyoto Protocol, are 80%. The quantity awarded jointly by the members for the second commitment period will be determined in accordance with article 3, paragraphs 7A, 8 and 8A, the Kyoto Protocol and its calculation will be facilitated by the report provided by the European Union under paragraph 2 of Decision 2/CMP.8.
The respective emission levels of members are the following:-the level of the European Union corresponds to the difference between the quantity awarded jointly by the members and the total of the Member States and the Iceland emission levels. Its calculation will be facilitated by the report submitted in accordance with paragraph 2 of Decision 2/CMP.8;
-the respective levels of the Member States and of Iceland in accordance with article 4, paragraphs 1 and 5, of the Kyoto Protocol are the total of their respective quantities indicated in table 1 below and on any result arising from the application of the second sentence of article 3, paragraph 7A, the Kyoto Protocol for a Member State or the Iceland.
The assigned amounts of the members are equal to their respective emission levels.
The amount allocated in the European Union will be accounted in the gas emissions greenhouse from sources under the European Union emissions trading system, to which its Member States and the Iceland involved, insofar as these emissions are covered by the Kyoto Protocol. Respective assigned amounts of the Member States and the Iceland cover sources greenhouse gas emissions and absorption by Wells in each Member State or in Iceland for the sources and sinks not covered by Directive 2009/29/EC of the European Parliament and of the Council amending Directive 2003/87/EC in order to improve and extend the Community trading scheme for greenhouse gas emission allowance. These emissions include all emissions by sources and removals by sinks covered by article 3, paragraphs 3 and 4, of the Kyoto Protocol as well as all emissions under the Kyoto Protocol (NF3) nitrogen trifluoride.
The members of the agreement are each separately information on emissions by sources and removals by sinks covered by their respective assigned amounts.

Table 1 emission levels of the Member States and the Iceland (before application of article 3, paragraph 7bis) in CO2 equivalent tonnes of carbon for the second commitment period of the Protocol of Kyoto Belgium 584 228 513 België 584 228 513 Bulgaria 222 945 983 Bulgarije 222 945 983 Czech Republic 520 515 203 Tsjechië 520 515 203 Denmark 269 321 526 Denmark 269 321 526 Germany 3 592 699 888 Duitsland 3 592 699 888 Estonia 51 056 976 Estland 51 056 976 Ireland 343 467 221 343 467 221 Greece 480 791 166 Griekenland 480 791 166 Spain Spanje 1 766 877 1 766 877 232 Ierland 232 France Frankrijk 3 014 714 3 014 714 832 832 Croatia 162 271 086 Kroatië 162 271 086 Italy Italy 2 410 291 2 410 291 421 421 Cyprus 47 450 128 Cyprus 47 450 128 Latvia 76 633 439 Letland 76 633 439 Lithuania 113 600 821 de 113 600 821
Luxembourg Luxemburg 70 736 832 434 486 280 Hongarije Malta 9 299 769 434 486 280 Hungary 70 736 832 Malta 9 299 769 Netherlands 919 963 374 Nederland 919 963 374 Austria 405 712 317 Oostenrijk 405 712 317 Poland 1 583 938 824 Polen 1 583 938 824 Portugal 402 210 711 Portugal 402 210 711 Romania 656 059 490 656 059 490 Slovenia 99 425 Roemenie Slovenia 99 425 782 782 Slovakia 202 268 939 Slowakije 202
268 939 Finland 240 544 599 Finland 240 544 599 Sweden 315 554 578 Zweden 315 554 578 United Kingdom 2 743 362 625 Verenigd Koninkrijk 2 743 362 625 Iceland 15 327 217 IJsland 15 327 217 list of signatories States OrganisationsDate AuthentificationType of consentementDate Consentemententree local force Germany 01/04/2015Notification AUTRICHE01/04/2015Notification28/08/2015 BELGIQUE01/04/2015Notification18/11/2015 BULGARIE01/04/2015Notification16/09/2015 CHYPRE01/04/2015Notification CROATIE01/04/2015Notification03/09/2015 DANEMARK01/04/2015Notification26/11 /. 2015 Spain 01/04/2015Notification09/09/2015 ESTONIE01/04/2015Notification Finland 01/04/2015Notification28/07/2015 FRANCE 01/04/2015Notification19/06/2015 GRECE01/04/2015Notification HONGRIE01/04/2015Notification11/08/2015 IRLANDE01/04/2015Notification12/08/2015 ISLANDE01/04/2015Notification06/10/2015 ITALIE01/04/2015Notification LETTONIE01/04/2015Notification22/10/2015 LITUANIE01/04/2015Notification25/11/2015 LUXEMBOURG01/04/2015Notification MALTE01/04/2015Notification22/09/2015 countries-BAS01/04/2015Notification POLOGNE01/04/2015Notification PORTUGAL01/04/2015Notification06/11/2015 2015Notification-04-ROUMANIE01 Kingdom-UNI01/04/2015Notification SLOVAQUIE01/04. 2015Notification24/04/2015 2015Notification-04-SLOVENIE01 2015Notification-04-SUEDE01 Czech REP.01/04/2015Notification Union europeenne01/04/2015Notification29/07/2015