Law On The Mechanism Of Accountability Climate (1)

Original Language Title: Loi relative au mécanisme de responsabilisation climat (1)

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014021008&caller=list&article_lang=F&row_id=900&numero=972&pub_date=2014-01-31&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-01-31 Numac: 2014021008 FEDERAL CHANCELLERY of the Prime Minister PUBLIC SERVICE 6 January 2014. -Law on the mechanism of accountability climate (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Available general Article 1.
This Act regulates a matter referred to in article 77 of the Constitution.
CHAPTER 2. -Definitions art.
2. for the purposes of this Act, is meant by: 1 ° Decision 406/2009 / EC: Decision No 406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the effort by States members to reduce their gas emissions greenhouse to the commitments of the community in reducing these emissions to 2020;
2 ° directive 2003/87/EC: Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance within the community and amending Council Directive 96/61/EC;
3 ° emission inventories: inventories of greenhouse gas emissions referred to in article 65quater, § 5, of the special law of 16 January 1989 on the financing of the communities and Regions, hereinafter referred to as "the Special Act";
4 ° Minister: the Minister having environment in his or her attributions;
5 ° Committee: the Advisory Committee referred to in article 3, § 4;
6 ° trajectories: trajectory referred to in article 65quater of the Special Act.
7 ° first trajectories: trajectory referred to in article 65quater, § 3, paragraph 2, of the Special Act.
8 ° following trajectories: trajectory referred to in article 65quater, § 4, of the Special Act;
9 ° cooperation agreement of June 18, 2008: 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 of Decision 280/2004 / / EC of the European Parliament and of the Council;
10 ° cooperation agreement of November 14, 2002: 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, and reporting in the context of the framework Convention of the United Nations on climate change and the Kyoto Protocol;
11 ° commission national climate: the commission established under article 3 of the agreement of cooperation of November 14, 2002;
12 ° Contracting: the service responsible for the auctioning of greenhouse gas emission allowances, referred to in article 65quater, § 7, paragraph 2, of the Special Act.
13 ° records regulations: Regulation (EU) no 1193/2011 Commission on November 18, 2011 register of the Union for the period Exchange beginning January 1, 2013 and for the periods of trade following the system of exchange of emission allowances of the Union 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 and amending the regulations of the Commission) EC) no 2216/2004 and (EU) No. 920/2010;
14 ° the auction regulation: Regulation (EU) no 1031/2010 Commission on November 12, 2010 on calendar, management and other aspects of gas emission allowance auction greenhouse in accordance with directive 2003/87/EC of the European Parliament and of the Council establishing a system for trading greenhouse gas emissions in the community.
CHAPTER 3. -Mechanism of accountability climate art.
3 § 1. The federal plan Bureau and the competent regional authorities jointly undertake a study aimed at guaranteeing the application of a harmonized methodology at the national level as well as to ensure consistency between the trajectories and the achievement of the objectives of reduction of the emissions of the Belgium as a result of European legislation and the framework Convention of the United Nations on climate change and its protocols.
The federal Planning Bureau provides the secretariat.
§ 2. In the study referred to the § 1, paragraph 1, the federal Planning Bureau and the regional departments are based on projections of greenhouse gas emissions and policies and measures reported by the federal State and the regions to the Commission national climate in accordance with article 11 of the agreement of cooperation of November 14, 2002.
§ 3. The federal Planning Bureau and the regional departments check the definition of the perimeter of the building sector and its adequacy with inventories of emission in order to make the verification of compliance of the trajectory. They check the harmonization of the factors determining the projections referred to in § 2.
They shall ensure that, for the realization of the goals of emission reductions, the effort to make buildings in the sector under trajectory referred to in article 65quater, § 2, of the Special Act will take into account the potential for reducing emissions of the building sector and the costs and benefits y associates.
§
4. In the execution of their activities referred to in articles 2 and 3, the federal Planning Bureau and the regional departments are assisted by an Advisory Committee composed of eight independent scientific experts, specialized in prediction and evaluation of the impact of the policy on greenhouse gas emissions.
If upon proposal by the Minister having environment in his or her attributions and the Minister that sustainable development in its attributions, acting first trajectories, the King, by Decree deliberated in the Council of Ministers, appoints two members of the Advisory Committee of different linguistic role. The Minister shall inform without delay the federal Planning Bureau and the competent regional authorities. Each regional government is also invited, for the same period, to appoint two members of the Advisory Committee and to notify the Minister which shall inform without delay the federal Planning Bureau and the competent regional authorities.
With regard to the following trajectories, the King appoints two members of the Committee at least twenty-two months before the start of the period. The Minister shall inform without delay the federal Planning Bureau and the competent regional authorities. Each regional government is also invited, for the same period, to appoint two members of the Committee and to notify the Minister at least twenty-two months before the start of the period. The Minister shall inform without delay the federal Planning Bureau and the competent regional authorities.
These independent experts cannot be members of a strategic military cell of a federal Minister or a regional Minister's office.
§ 5. The federal Planning Bureau and the regional departments present their analysis to the Commission national climate in no later than six months before the definition of trajectories in accordance with article 65quater, § 2, paragraphs 1, 3 and 4 of the Special Act.
This analysis is published by the Minister. It is communicated to the House of representatives and the parliaments of the regions.
The National Commission climate submits its proposal at the latest three months before the definition of trajectories in accordance with article 65quater, § 2, paragraph 1, and §§ 3 and 4 of the Special Act.
S. 4 § 1. Deviations from the trajectories are established for each year. These gaps are defined by the difference between the goal as set out by the trajectory for the year concerned in accordance with article 65quater, § 2, of the Special Act and the level of gas emissions to greenhouse of the building sector for this year, based on the inventories referred to in article 65quater, § 5, paragraph 1, of the Special Act, taking into account any corrections arising from the initial audit carried out by the Commission European under the applicable law , and corrected degree days (DJ) of the year submitted by the Institut royal meteorological resume form in the annex.

§ 2. The amounts referred to in article 65quater, §§ 5 and 6 of the special law are established each year by multiplying the differences as defined in the § 1, expressed in tonnes of CO2 equivalent, with the average price of emission allowances auctioned in the same year to the title of article 10 of Directive 2003/87/EC. The average price is obtained by dividing the total amount of the auction revenue by the number of allowances sold by the Belgium.
§ 3. Deviations from the trajectories and corresponding amounts, established in accordance with the provisions of §§ 1 and 2, are published annually in the Moniteur belge.
§ 4. The missions of the contracting authority are the following: 1 ° to auction the quantity of emission allowances that was granted to the Belgium in accordance with the regulations for implementing auction and regulation in respect of the particular auction calendar in this context by the European Commission and the registry;
2 ° collect the auction revenues returning to Belgium;
3 ° ensure that the auction revenues are allocated in accordance with the cooperation agreement referred to in article 65quater, § 7 of the Special Act.
Each month, the contracting authority shall report revenues emanating from the

auction on the auction platform. This report is communicated to the federal Government and the Governments of the regions.
CHAPTER 4. -Amendment of the organic law of 27 December 1990 creating budgetary funds art. 5 the heading 25 "federal public Service health, food chain security and environment" of the table annexed to the Act of 27 December 1990 creating budgetary funds, as amended by the law of December 29, 2010, is supplemented as follows: "25-11 fund accountability climate Nature of assigned revenue: 1 ° the share of federal revenues from the auctioning of emissions of gases greenhouse."
2 ° a portion of the proceeds from the tax of physical persons, corresponding to the amounts referred to in article 65quater, § 5, paragraph 2, 2 °, of the special law of 16 January 1989 on the financing of the communities and the Regions.
Nature of expenditures: allocation to the regions of the amounts referred to in article 65quater, § 5, paragraph 2, 1 °, of the special law of 16 January 1989 on the financing of the communities and the Regions.
The income of the Fund constituted by the share of the proceeds from the tax of physical persons, corresponding to the amounts referred to in article 65quater, § 5, paragraph 2, 2 °, of the Special Act, is exclusively intended for any expenditure to reduce greenhouse gas emissions.
When the gap or absence of deviation from trajectory referred to in article 65quater, § 2, of the Special Act was finally found in a given fiscal year, the balance of the Fund shall be reduced by the difference for this year between the ceiling referred to in article 65quater, § 8, paragraph 1, the Special Act and the sum, if equal to zero amounts referred to in article 65quater, § 5, paragraph 2, 1 °, of the Special Act. "."
CHAPTER 5. -Provisions finals s.
6. each regional government is invited to inform the Minister no later than within two months following publication of this law which is the competent regional department within the meaning of article 3, § 1. The Minister shall inform without delay the federal Planning Bureau.
S.
7 this Act comes into force January 1, 2014, with the exception of articles 4 and 5, which come into force on July 1, 2015.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels, 6 January 2014.
PHILIPPE by the King: the Prime Minister, E. DI RUPO. the Minister of the Interior and of equality of opportunity, Ms. J. MILQUET. the Secretary of the environment and the institutional reforms, M. WATHELET Secretary of State institutional reform, S. VERHERSTRAETEN sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) House of representatives (www.lachambre.be): Documents: 53 2965 Compte rendu intégral
: 27 and 28 November 2013.
Senate (www.senate.be): Documents: 5-2370 annals of the Senate: 17, 18 and 19 December 2013.
Annex to the law of January 6, 2014 for the mechanism of accountability climate gas emissions greenhouse a year taken into account for the determination of deviations from the trajectories levels previously corrected depending on degree days (DJ 15/15) of the year, calculated on the basis of the temperatures in the station of the royal Institute of Meteorology in Uccle.
The correction is carried out according to the following formula: Emissions corrected DJ of the year N = for the consultation of the table, see picture in this formula:-E is equal to the emissions in kilotonnes by the year N;
-by DJ 15/15 of the year N, is the sum of the differences, calculated every day this year N, between 15 degrees temperature and outdoor temperature daily, mean negative differences being reduced to zero;
-DJ 15/15 standard, means the average of the 15/15 of the 1990s DJ 2011, at 1880.