Law Approving The Cooperation Agreement Of February 27, 2014, Between The Federal State, The Flemish Region, The Walloon Region And The Brussels-Capital Region On The Establishment Of A Committee For Coordination And Facilitation For The Granting Of Tues

Original Language Title: Loi portant assentiment à l'Accord de coopération du 27 février 2014 entre l'Etat fédéral, la Région flamande, la Région wallonne et la Région de Bruxelles-Capitale relatif à la création d'un comité de coordination et de facilitation pour l'octroi des aut

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014011331&caller=list&article_lang=F&row_id=700&numero=751&pub_date=2014-05-19&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-05-19 Numac: 2014011331 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES average and energy April 19, 2014. -Act for consent to the cooperation agreement of February 27, 2014, between the federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region on the establishment of a Committee for coordination and facilitation for the granting of permits for trans-European energy infrastructure, in pursuance of Regulation (EU) No. 347/2013 (1) PHILIPPE, King of the Belgians, to all present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2 consent is given to the cooperation agreement of February 27, 2014, between the federal State, the Flemish Region, the Walloon Region and the Region of Brussels - capital relating to the creation of a Committee for coordination and facilitation for the granting of permits for trans-European energy infrastructure, in pursuance of Regulation (EU) No. 347/2013.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, April 19, 2014.
PHILIPPE by the King: the Minister of the North Sea, J. VANDE LANOTTE the Deputy Prime Minister and Minister of the Interior and of equality of opportunity, Ms. J. MILQUET the Secretary of State for energy, M. WATHELET Scellé of the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note House of representatives: (www.lachambre.be) Documents: 53-3482-2013/2014.
Full report: March 27, 2014.
Senate: (www.senate.be) Documents: 5-2823-2013/2014.
Annals of the Senate: April 3, 2014.
Cooperation agreement between the federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region on the establishment of a Committee for coordination and facilitation for the granting of permits for projects of trans-European energy infrastructure, implementation of the Regulation (EU) No. 347/2013 having regard to Regulation (EU) No. 347/2013 of the European Parliament and of the Council of 17 April 2013 on guidelines for trans-European energy infrastructure , and repealing Decision No 1364/2006/EC and amending regulations (EC) no 713/2009, (EC) no 714/2009 and (EC) no 715/2009;
Pursuant to the Constitution, sections 134, 135 and 136;
Having regard to the Special Act of institutional reforms of 8 August 1980, article 92bis, § 1, inserted by the Act of August 8, 1988 and amended by the Special Act of 16 July 1993;
Having regard to the decision of the Comité de concertation of November 6, 2013;
Whereas it is desirable, with a view to the simplification and acceleration of authorization procedures for energy projects and national and European interest in accordance with the objectives of the provisions of Regulation (EU) No. 347/2013, to arrive at better coordination and a better exchange of information between the authorities granting permissions and a harmonization of procedures at federal and regional levels;
Whereas the implementation of the provisions contained in chapter III of Regulation (EU) No. 347/2013 concerns matters within the jurisdiction of the federal State and regions;
Whereas therefore, to deal with these challenges, it is necessary that the federal State and the Regions contract a cooperation agreement for the establishment of a Committee for coordination and facilitation for the granting of permits for energy projects;
Whereas the collaborative scheme set out in article 8, paragraph 3, c) of the Regulation (EU) No. 347/2013 is the only one compatible with the constitutional and institutional framework schema Belgian;
Whereas that this cooperation is without prejudice to the autonomy of the federal State and Regions under their respective procedures for the granting of authorisations;
Whereas the application of the General principles and legislation relating to civil liability is not affected by this agreement;
Whereas that federal and regional legislation on advertising of the administration and the exceptions to the provision to the public of environmental information in the public environmental information are not affected by this agreement.
The federal State, represented by the federal Government, in the person of the Minister having the marine environment in his or her attributions and the Secretary of State, energy and the environment in his or her attributions;
The Flemish Region, represented by the Flemish Government, in the person of its Minister-president and Ministers who have the energy, the environment and development of the territory within their remit;
The Walloon Region, represented by the Walloon Government, in the person of Ministers who have intra-belges relations, energy, the environment and development of the territory within their remit;
Region the Brussels - Capital, represented by the Government of the Region of Brussels - capital, in the person of Ministers who have the energy, the environment and development of the territory within their remit;
Agreed as follows: Chapter 1. -Basic principles Article 1. This cooperation agreement regulates cooperation between the federal State and the Regions (hereinafter referred to as 'the parties') for the coordination and harmonization of their respective procedures for the granting of authorisations, as provided for in chapter III of Regulation (EU) No. 347/2013.
S. 2 § 1. This cooperation takes place within the framework of a structure, called "Committee of coordination and facilitation for the granting of authorisations.
The Committee for coordination and facilitation for the granting of authorisations assumes the role of the competent national authority referred to in article 8, paragraph 1, of the Regulation (EU) No. 347/2013.
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2. The tasks of the Committee for coordination and facilitation for the granting of permissions are as follows: 1 ° the coordination of procedures for the granting of authorisations for the cited projects under article 2.3, of the Regulation (EU) No. 347/2013; and 2 ° monitoring of implementing timely and correct of the provisions contained in the regulations.
S. 3. for the purposes of this agreement of cooperation, it is necessary to hear by: 1 ° 'regulation': Regulation (EU) No. 347/2013 of the European Parliament and of the Council of April 17, 2013 on guidelines for trans-European energy infrastructure, and repealing Decision No 1364/2006/EC and amending regulations (EC) no 713/2009, (EC) no 714/2009 and (EC) no 715/2009;
2 ° 'overall decision': all decisions taken by the Federal and regional authorities - with the exception of the courts and tribunals - which determines if the proponent of a project may be grant or refuse permission to build energy infrastructure to carry out a project, without prejudice to any decision taken in the context of administrative appeal proceedings;
3 ° 'project': one or more lines, gas pipelines, oil pipelines, facilities or equipment which, in accordance with the procedure determined in the second chapter of the regulations, have been incorporated into the list of the Union taking over the projects of common interest;
4 ° 'project developer': has) a transport network manager, a manager of distribution network or any other Manager or investor who develops a project defined in article 3, 3 °; or b) where are concerned several managers of network transport, managers of network distribution, other managers, other investors, or groups of these categories, the entity with legal personality in respect of the applicable national law, designated pursuant to a contract between those parties arrangement and with the capacity to enter into legal obligations and assume financial responsibility on behalf of the parties to the contractual arrangement;
5 ° 'authorisation': any permit, declaration or authorization that determines if a project developer can have the permission for the construction of energy infrastructure on a project, namely that relating to the environment, the development of the territory, the statement of the project as being of common interest and the allocation of access to public and private lands.
S.
4 § 1. The regulation included in this cooperation agreement is applicable to projects referred to in article 3, 3 ° implementing chapter III of the regulation.

§ 2. With regard to the projects for which the project developer filed under the procedure for the granting of permissions, a file of application before November 16, 2013, the provisions of the present agreement of cooperation are not applicable.
§ 3. In accordance with article 5, paragraph 9, second subparagraph, a project which is registered in the list of the Union, in accordance with article 3 of the regulation, but for which an application file has been accepted for review by the Committee for coordination and facilitation for the granting of authorisations retains the rights and obligations of chapter III of the regulation, except when the project is registered in the list for the reasons set out in article 5 , paragraph 8, of the rules.
CHAPTER 2. -The structure of the Committee for coordination and facilitation for the granting of permissions Section 1st.
-General art. 5. the Committee for coordination and facilitation for the granting of authorisations consists of a body of coordination, monitoring and a secretariat bodies.
Section 2.
-Coordination unit 1st body. -Missions art. 6.

missions of the coordinating body are: 1 ° monitoring the general operation of the Committee for coordination and facilitation for the granting of permissions and ensure effective treatment of the procedures for the granting of authorisations;
2 ° discuss and approve the budget and other costs, referred to in article 22.
3 ° to coordinate the implementation of the provisions of chapter III of the regulation;
4 ° develop, publish, and, if necessary, update the Handbook, provided for in article 9, paragraph 1, of the regulation;
(5 ° accept or, if he is of the opinion that the project is not mature enough to begin the process of granting authorisations, reject the notification of a draft, in written form, in accordance with article 10, paragraph 1, a), of the regulation, within three months of receipt of the written notification.
The date of the signature of acceptance of the notification by the coordinating body serves as the date of starting the process of granting permissions, such as defined in article 10, paragraph 1, a), of the regulations. When two or more Member States are concerned, the date of acceptance of the last notification by the competent authority as laid down in article 10, paragraph 1, a), regulation, serves as the date of starting the process of granting authorisations;
(6) create, without delay, and determine the composition of a project-specific monitoring body, if the coordinating body decides to confirm notice in writing, in accordance with article 6, 5 °;
7 ° monitoring the functioning of monitoring bodies;
8 ° to coordinate the defence when a court is seised of a dispute that is the subject of a challenge to the decisions of the Committee of coordination and facilitation for the granting of authorisations;
9 ° communicate to the competent authority of the Member State concerned, in accordance with article 9, paragraph 6, of the regulations, when it wishes to participate in the procedures of public comment procedures that will likely transboundary significant effects on Belgian territory, article 7 of the Directive 2011/92/EC of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment and the Espoo Convention on the evaluation of the EIA in a transboundary context being application;
10 ° Exchange, at the request of one of the representatives, information on the process of granting permissions to other energy-related infrastructure projects, both networks as the production units than those defined in article 3, 3 °;
11 ° exchange information about amendments to the respective framework for the granting of authorisations within the body, and exchange good practice;
12 ° to formulate proposals and opinions to the competent Ministers, on its own initiative or at their request;
13 ° to formulate proposals or advice at the federal or regional Governments, on its own initiative or upon request, to grant each other their policy on the granting of permissions to energy projects.
Sub-section 2. -Composition articles 7 § 1.
The coordinating body comprises three representatives entitled to vote for the federal State and three representatives voting by Region.
§ § 2 2. Each of the representatives has an alternate.
This alternate replaces the representative when it is prevented.

§ 3. Representatives and substitutes shall be appointed for a maximum term of eight years.
Representatives and substitutes may have several successive mandate.
§ § 4 4 Representatives and alternates are appointed as follows: 1 ° the representatives and alternates of the federal State are appointed respectively by the federal Minister with the in charge of energy, the federal Minister with the Protection of the marine environment in his or her attributions and the Minister having environment in his or her attributions;
2 ° the representatives and alternates of the Flemish Region are appointed respectively by the Flemish Government;
3 ° the representatives and alternates of the Walloon Region are appointed by the Walloon Government;
4 ° the representatives and alternates of the Brussels-Capital Region are appointed by the Government of the Brussels-Capital Region.
§ 5. The coordinating body may invite based on ad hoc, proponents of projects or other stakeholders, in order to collect their non-binding opinion.
S.
8 § 1. The coordinating body is chaired alternately by a representative of the federal State and by a representative of the Regions.
The Presidency is ensured alternatively as follows: 1. a representative of the federal State;
2. a representative of the Walloon Region;
3. a representative of the Flemish Region;
4. a representative of the Region of Brussels - capital.
However, an authority may waive the president mandate entrusted to him. It shall inform the members of the coordinating body, at least 6 months before the beginning of the relevant Presidency.
The Presidency has effect for a period of 24 months from 1 January to 31 December.
As an exception, the first presidency will begin on the date of the entry into force of the present agreement of cooperation and will be provided until December 31 of the following calendar year.

§ 2. The missions of the president are as follows: 1 ° determine the place, day, time and the agenda of meetings;
2 ° open and close meetings;
3 ° directing the debates;
4 ° if applicable, delegate administrative tasks to the secretariat.
Sub-section 3. -Operation s. 9 § 1. The coordination body shall meet at the request of the president or of one of its members.
§ 2. The secretariat attends meetings, in the performance of its tasks referred to in article 20.
S. 10. each Member of the coordinating body has one vote. If unable to attend, each Member may, after informing the president, delegate his voting right to another Member or an alternate member. However, no Member shall have more of three voices.
The delegation of the right to vote is only for the meeting for which it was granted.
S. 11. a valid deliberation can intervene only when at least two thirds of the representatives of the federal State and each region are present or represented by delegation.
The coordinating body decisions are taken unanimously.
If unanimity cannot be reached, the report covers points subject to a difference of opinion.
In case of persistent conflict, the matter is submitted to the Conciliation Committee.
If an agreement is reached within the Conciliation Committee, the agreement will be formally ratified at the next meeting of the coordinating body.
S.
12. in its first meeting, the coordinating body establishes a rules of procedure for all organs of the structure of the coordination committee and facilitation for the granting of authorisations, which determines inter alia the following: 1 ° the place of meetings;
2 ° the modalities for the convening of meetings;
3 ° rules for the placing on the agenda of the items to be discussed;
4 ° the rules basic to the functioning and management of the body coordination and monitoring bodies;
5 ° the conditions of the additional meetings of the coordinating body and monitoring bodies may be convened;
6 ° the procedures for written notification of the decisions of the organs of the Committee for coordination and facilitation for the granting of permits for energy projects.
Section 3. -Monitoring bodies subsection 1.
-Missions art. 13. the missions of each body are: 1 ° determine, in accordance with article 10, paragraph 4, a) of the regulation and on the basis of a proposal of the project developer, content and level of detail of the information that must submit the project developer within his application record, to obtain the overall decision.
Written notice of this decision is immediately communicated to the project developer;
2 ° determine, in close cooperation with the developer's projects, and taking into account article 10, paragraph 4, b) of the regulation, detailed scheduling for the process of environmental impact reports and the procedure for granting permissions. Without prejudice to the time limits determined in accordance with article 10 of the regulation, this fixed schedule of reasonable time frames in which the individual permissions must be granted.
Written notice of this decision is immediately communicated to the project developer.
Authority granting permissions can opt to declare admissible folder on the date specified in the schedule where in the treatment of a folder, she needs the results of an authorisation issued by another authority granting permissions;
3 ° monitoring the observance of deadlines by the authorities granting permissions.
Where an authority granting permissions considers that it may grant individual authorisation within the prescribed period, it shall inform in the shortest time the monitoring body and justifies the delay. Subsequently, the monitoring body sets a new deadline in which this individual authorisation was made, while continuing to respect the General deadlines in accordance with article 10 of regulation.
Written notice of this decision is immediately communicated to the project developer;
4 ° in accordance with article 10, paragraph 2, of the regulation, the monitoring body may decide before expiry of the deadlines referred to in article 10, paragraph 1, of the regulation, to extend one or two deadlines

fixed in regulation, when he believes that one or two procedures of the licensing process will not be finalized until these periods are expired.
In this case, it asked the secretariat to inform the regional group concerned, as referred to in article 3, paragraph 1 of the regulation, and to communicate the measures taken or to be taken to finalize the process of granting permissions with the least delay as possible.
In addition, written notice of this decision is immediately communicated to the project developer;
5 ° in accordance with article 7, paragraph 8, of regulation, in cases where the opinion of the Committee is required pursuant to Directive 92/43 / EEC, the monitoring body shall ensure that the relative to the compelling reasons of public interest concerning the draft decision within the time limit contained in article 10, paragraph 1, of the regulation;
6 ° seek modification of public participation or accept it within a period of three months, in accordance with article 9, paragraph 3, of the regulation. In this regard, the monitoring body takes account of any form of participation or public consultation which took place before the beginning of the licensing process, insofar as this involvement and this consultation of the public responded to the requirements of article 9, paragraph 3, of the regulation.
The monitoring body may request modifications to the project of public participation when the project developer has informed the monitoring body that it intends to make important changes to a concept approved;
7 ° put at the disposal of the competent authorities of neighbouring Member States, in accordance with article 9, paragraph 6, of the regulations, the relevant information for the projects likely to have significant negative effects in one or more EU neighbours, when article 7 of 2011/92/EU Directive of December 13, 2011, on the assessment of the effects of certain public and private projects on the environment and the Espoo Convention on environmental impact assessment in a transboundary context shall apply;
8 ° if necessary, ask the promoter to projects, in accordance with article 10, paragraph 4 c), of the regulation, to provide missing information in the application project. Within three months from the transmission of the missing information, the monitoring body agrees to consider the request.
Written notice of this decision is immediately communicated to the project developer;
9 ° to coordinate the individual permissions within the overall decision. Written notice of this decision is immediately communicated to the project developer;
10 ° Exchange of information regarding procedures for administrative and judicial remedies in progress.
Sub-section 2. -Composition articles 14 § 1. The composition of the monitoring body is determined by the coordinating body, in accordance with article 6, 6 °. However, the representation of the regional authorities granting authorisations is limited to that on the territory of which the project is carried out.
In addition, the number of members entitled to vote is limited to three for the federal State and to three per Region represented.
§ 2. Each Member has a deputy designated by the coordinating body.
This alternate replaces the representative when it is prevented.

§ 3. The monitoring body may invite based on ad hoc, proponents of projects or other stakeholders, in order to collect their non-binding opinion.
S. 15 § 1.
The Presidency of the monitoring body is insured as follows: 1 ° by an authority granting permissions of the Flemish Region when the project lies on Flemish territory.
2 ° by an authority granting permissions of the Walloon Region where the project is located within the Walloon territory;
3 ° by an authority granting permissions of the Brussels-Capital Region where the project is located on the territory of the Region of Brussels - capital;
4 ° by an authority granting permissions of the federal State when the project crosses the territory of several regions or that it is located in marine areas from the Belgian Court.
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2. The missions of the president are as follows: 1 ° determine the place, day, time and the agenda of meetings;
2 ° open and close meetings;
3 ° directing the debates;
4 ° if applicable, delegate administrative tasks to the secretariat.
Sub-section 3. -Operation s.
16 § 1. Each monitoring body shall meet at the request either of the president, a member of the monitoring body.
§ 2. The secretariat attends meetings, in the performance of its tasks referred to in article 20.
S. 17. each Member of the body entitled to vote has one vote. If unable to attend, each member entitled to vote may, after informing the president, delegate his voting right to another Member or an alternate member. However, no Member shall have more of three voices.
The delegation of the right to vote is only for the meeting for which it was granted.
S. 18. a valid deliberation can intervene only when at least one third of the representatives entitled to vote of the federal State and each region represented, and at least half of all voting representatives are present or represented by delegation.
Monitoring bodies decisions are taken unanimously.
If unanimity cannot be reached, the report covers points subject to a difference of opinion.
The disagreement is reported to the coordinating body.
If an agreement is reached within the coordinating body, this agreement will be formally ratified at the next meeting of the monitoring body.
S. 19. each treaty body remains active until all administrative remedies periods are expired or that all administrative appeal procedures are finalised and that all permissions are final and have been coordinated in the overall decision, unless the coordinating body decides to no longer treat the project in the context of this cooperation agreement , without prejudice to the provisions under article 4, § 3.
When all the above procedures are finalised, the relevant monitoring body will be dissolved.
The president of the relevant monitoring body shall inform the president of the coordinating body.
Section 4. -The Secretariat s.
20. the missions of the secretariat are: 1 ° provide support to operation: has) of the coordinating body;
(b) bodies.
This support includes among others: sending of invitations, the order of the day and the necessary documents; the preparation of the summary records of the meetings and servicing of the archives;
2 ° exercise, in the framework of the agreement of cooperation and in accordance with the provisions of the regulation, the window function for: a) proponents of projects, in accordance with article 8, paragraph 2, b), of the regulation;
(b)) the relevant regional group, in accordance with article 5, paragraph 6, of the regulation;
c) the other Member States, in accordance with article 8, paragraph 5, article 9, paragraph 6 and article 10, paragraph 4, b), of the regulation;
(d) the relevant European coordinators, in accordance with article 6 of the regulation);
(e) the European Commission);
(f) other parties concerned;
3 ° forward documents received in the context of the window function, the authorities granting relevant permissions;
4 ° open web site, in accordance with the provisions of article 9, paragraph 7, of the regulation, to publish and update on a regular basis the relevant information about the projects treated under this agreement of cooperation.
Project proponents provide relevant information to the secretariat.
S. 21. the Directorate-General of the energy of federal public Service economy, SMEs, Middle Classes and energy provides the secretariat.
S.
22 § 1. The operating costs of the secretariat are, for the half, in charge of the federal State.
The other half of the operating costs is distributed between the Regions as follows.
1 60% for the Flemish Region;
2 30% for the Walloon Region;
3 10% for the Brussels-Capital Region.
The secretariat establishes the annual budget of operating costs and submits it for approval to the coordinating body.
§ 2. The charges, which relate to all parts of this agreement of cooperation, where appropriate, are distributed equally among all parties.
§ 3. Other costs, which are only a few parts of this agreement of cooperation, where appropriate, are distributed proportionately among parties concerned.
CHAPTER 3. -Provisions finals s. 23. the agreement is published in the monitor while the different acts of consent by the federal public Service Chancery of the Prime Minister, at the request of the party in which the legislator has, last, given assent to the agreement.
S. 24. the present cooperation agreement is concluded for an indefinite period.
The denunciation of this agreement must be made taking into account a period of notice of one year, this period begins on the day where the party which has denounced has notified its intention to the other parties.
The signatories undertake to already negotiate amendments to the agreement during the period of termination.
When a folder has been accepted and has been the subject of a written notification by the body for coordination, in accordance with article 6, 4 °, before and during

the withdrawal period, the authorisation procedure continues its course according to the provisions laid down in this agreement.
S. 25. without prejudice to the provisions applicable relating to advertising of the administration, the confidentiality, integrity and the protection of commercially sensitive information received under this cooperation agreement are carried out by the Committee for coordination and facilitation for the granting of permits for energy projects and its members.
Done at Brussels, on 27 February 2014, in four originals (Dutch or french) for the State federal: the Deputy Prime Minister and Minister of the economy, consumers and the North Sea, J. VANDE LANOTTE the Secretary of State for the environment, energy and mobility, Assistant to the Minister of the Interior and equality of opportunities, and Secretary of State for institutional reforms Assistant to the Prime Minister, Mr. WATHELET Pour the Flemish region: the Minister - President of the Flemish Government, K. PEETERS the Minister of energy, housing, cities and the social economy, Mrs F. VAN DEN BOSSCHE. the Minister of the environment, Nature and Culture, Ms. J. SCHAUVLIEGE. the Minister of finance, the Budget, labour, planning the territory and Sports , Ph. MUYTERS for the Walloon Region: Minister - President of the Walloon Government, R. DEMOTTE Vice President and Minister of sustainable development, public service, energy, housing and research, j.-m. NOLLET. the Minister of the environment, spatial planning and mobility, Ph. HENRY for the Brussels - Capital Region: the Minister - President of the Government of the Brussels-Capital Region, responsible of the local authorities, the planning, Monuments and Sites, public cleanliness), the Development Cooperation and regional statistics, R. VASU the Minister of the Government of the Brussels-Capital Region responsible for environment, energy and the water policy, urban renewal, in the fight against the fire and emergency medical assistance, and housing, Mrs E.
HUYTEBROECK