15 MAI 2007. - An Act to approve the cooperation agreement 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, concluded in Brussels on 19 February 2007 (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. Assent is given to the cooperation agreement 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, concluded in Brussels on 19 February 2007, annexed to this Act.
Art. 3. This Act comes into force on the day of its publication in the Belgian Monitor.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given at Châteauneuf-de-Grasse, May 15, 2007.
ALBERT
By the King:
The Prime Minister,
G. VERHOFSTADT
Minister of Energy,
Mr. VERWILGHEN
Minister of the Environment,
B. TOBBACK
Seal of the state seal:
Minister of Justice,
Ms. L. ONKELINX
____
Notes
(1) References 2006-2007:
Senate.
Documents. - No. 1: Bill. - Number two: Report. See also annals of the Senate: April 19, 2007.
House of Representatives.
Documents. - 001: Project transmitted by the Senate. - 002: Report. - 003: Text adopted in plenary and subject to Royal Assent. See also Full transcript April 26, 2007.

Cooperation agreement 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 Article 39 of the Constitution;
Considering the special law of 8 August 1980 of institutional reforms, including Article 6, § 1^er, II 1° and 92 bis, § 1^erinserted by the special law of 8 August 1988 and amended by the special law of 6 July 1993, as well as article 16, as amended by the special law of 5 May 1993;
Considering the special law of 12 January 1989 on the Brussels Institutions, including Article 42;
In view of the law of 11 May 1995 approving the United Nations Framework Convention on Climate Change and Annexes I^re and II, made in New York on 9 May 1992;
Having regard to the decree of the Walloon Region of 16 February 1995 approving the United Nations Framework Convention on Climate Change, made in New York on 9 May 1992;
In view of the decree of the Flemish Region of 19 April 1995 approving the United Nations Framework Convention on Climate Change and Annexes I^re and II, signed in New York on 9 May 1992;
In view of the Brussels-Capital Region's order of 27 April 1995 to approve the United Nations Framework Convention on Climate Change (UNFCCC) and annexes I^re and II, made in New York on 9 May 1992;
Having regard to the Kyoto Protocol Act of 26 September 2001 to the United Nations Framework Convention on Climate Change, and Annexes A and B, made in Kyoto on 11 December 1997;
In view of the Brussels-Capital Region's Order of 19 July 2001 to approve the Kyoto Protocol to the United Nations Framework Convention on Climate Change, and Annexes A and B, made in Kyoto on 11 December 1997;
Having regard to the decree of the Flemish Region of 22 February 2002, which approved the Kyoto Protocol to the United Nations Framework Convention on Climate Change and to Annexes A and B, made in Kyoto on 11 December 1997;
Having regard to the decree of the Walloon Region of 21 March 2002, which approved the Kyoto Protocol to the United Nations Framework Convention on Climate Change, as well as to Annexes A and B, made in Kyoto on 11 December 1997 and its annexes;
Considering the cooperation agreement of 5 April 1995 between the Federal Authority, the Flemish Region, the Walloon Region and the Brussels-Capital Region on international environmental policy;
Considering the cooperation agreement of 14 November 2002 between the Federal Authority, the Flemish Region, the Walloon Region and the Brussels-Capital Region relating to the establishment, execution and monitoring of a National Climate Plan, as well as to the preparation of reports under the United Nations Framework Convention on Climate Change and the Kyoto Protocol;
Having regard to the cooperation agreement of 23 September 2005 between the Federal Authority, the Flemish Region, the Walloon Region and the Brussels-Capital Region on the organization and administrative management of the standardized and secure registry system of Belgium in accordance with Directive 2003/87/EC of the European Parliament and the Council and Decision No. 280/2004/EC of the European Parliament and the Council;
Considering the decree of the Flemish Region of 2 April 2004 on the reduction of greenhouse gas emissions in the Flemish Region by promoting the rational use of energy, the use of renewable energy sources and the application of the flexibility mechanisms provided for in the Kyoto Protocol;
In view of the Walloon Region's decree of 10 November 2004 establishing a system for the exchange of greenhouse gas emission quotas, creating a Kyoto Walloon Fund and the flexibility mechanisms of the Kyoto Protocol;
In view of the decision of the Government of the Brussels-Capital Region of 3 June 2004, establishing a system for the exchange of greenhouse gas emission quotas and imposing certain conditions for the operation of the facilities concerned;
Considering the decision of the Flemish Government of 4 February 2005 on the exchange of greenhouse gas quotas and amending the decision of the Flemish Government of 6 February 1991 establishing the Flemish regulation on ecological authorization and amending the decree of the Flemish Government of 1^er June 1995 establishing general and sectoral environmental health provisions;
Having regard to the Royal Decree of 14 October 2005 on the management of the Belgian greenhouse gas register and the conditions applicable to its users;
In view of the emission targets set by the decision of the Committee for Consultation of 8 March 2004 on the allocation of charges between the Federal Authority, the Flemish Region, the Walloon Region and the Brussels-Capital Region and in particular the provision that the regions are responsible for the filing of emissions for a quantity equal to the emissions of greenhouse gases on their territory during the period 2008-2012 and are granted competition rights In the same decision, the Federal Authority undertakes to acquire additional emission fees up to 2.46 million emission fees per year for the first commitment period and to take a series of additional measures, the impact of emission reductions during the first commitment period will be expected to be at least 4.8 million tonnes CO2-eq. Within the National Climate Commission, it will be evaluated annually if the implementation of the measures of the federal authorities is consistent with the ex ante estimate;
Having regard to the program law of 24 December 2002 on the establishment of a budgetary fund for the financing of the federal policy for the reduction of greenhouse gas emissions and the program law of 27 December 2006;
Considering the entry into force of the Kyoto Protocol on 16 February 2005;
Considering that Belgium, as a Contracting Party to the Kyoto Protocol, has undertaken to fulfil jointly with the European Community and its other Member States the commitments they have made under Article 3, § 1^erand in accordance with the provisions of Article 4 of the Protocol, pursuant to Council Decision No. 2002/358/EC of 25 April 2002 on the approval, on behalf of the European Community, of the Kyoto Protocol to the United Nations Framework Convention on Climate Change and the joint implementation of its commitments;
Considering that, under Article 2 and Annex II of the above-mentioned Decision No. 2002/358/EC, Belgium must reduce its greenhouse gas emissions by 7.5 per cent compared to its emissions in 1990;
Considering Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for the exchange of greenhouse gas emission quotas in the Community, as amended by Directive 2004/101/EC of the European Parliament and the Council of 27 October 2004, under the Kyoto Protocol project mechanisms;
Considering European Commission Regulation No. 2216/2004 of 21 December 2004 concerning a standardized and secure registry system, in accordance with the Directive 2003/87/EC of the European Parliament and the Council and Decision No. 280/2004/EC referred to above;
Considering Decision No. 280/2004/EC of the European Parliament and the Council of 11 February 2004 on a mechanism to monitor greenhouse gas emissions in the Community and to implement the Kyoto Protocol;
Considering that the Federal Authority and the regions must jointly take domestic policies and measures to reduce greenhouse gas emissions, in order to meet the commitment to reducing greenhouse gas emissions under the Kyoto Protocol and to achieve a high level of environmental protection;
Considering that the Kyoto Protocol does not create and confer on Belgium, as a Contracting Party, and on the regions, no right or title authorizing them to produce greenhouse gas emissions;
Considering that the use of flexibility mechanisms, as referred to in Articles 6, 12 and 17 of the Kyoto Protocol and further elaborated by the decisions of the Conference of the Parties, or under those decisions, may contribute to the achievement of the objective of reducing greenhouse gas emissions that Belgium has undertaken to respect as a Contracting Party;
Considering that Belgium, as a Contracting Party to the Kyoto Protocol, is committed to using flexibility mechanisms only in addition to domestic policies and measures to achieve its objective of reducing greenhouse gas emissions;
Considering that domestic policies and measures, including reductions in emissions under Directive 2003/87/EC establishing a system for the exchange of greenhouse gas emission quotas in the Community, are an important element of efforts to reduce greenhouse gas emissions under the Kyoto Protocol;
Considering that the Federal Authority and the regions must implement, in accordance with their respective competences, the 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 by the Directive 2004/101/EC of the European Parliament and the Council of 27 October 2004, under the Kyoto Protocol project mechanisms;
Considering that Directive 2004/101/EC, amending the above-mentioned Directive 2003/87/EC, allows operators to use emission credits generated under Articles 6 and 12 of the Kyoto Protocol to fulfil their obligation to return a quantity of quotas that covers their actual verified emissions;
Considering that Directive 2004/101/EC also contains provisions relating to the implementation of the flexibility mechanisms referred to in Articles 6 and 12 of the Kyoto Protocol outside of this possibility of using emission credits within the framework of the European greenhouse gas emission quota system;
Considering that, because of the current distribution of competencies, both the Federal Authority and the regions must take the necessary measures to meet the requirements of the Kyoto Protocol so that they can participate in the flexibility mechanisms referred to in Articles 6, 12 and 17 of the Kyoto Protocol and implement them, in accordance with its provisions and the relevant decisions adopted on its basis;
Considering that Article 19 of the cooperation agreement of 14 November 2002 on the establishment, implementation and monitoring of a National Climate Plan underlines the commitment of the Federal Authority and regions to adopt as soon as possible the necessary measures to implement the flexibility mechanisms of the Kyoto Protocol;
Considering that these measures should also enable persons to participate in eligible project activities under Articles 6 and 12 of the Kyoto Protocol to generate emission credits in accordance with the provisions of the Protocol and its relevant implementing provisions for this purpose;
Considering the need, on the one hand, to ensure a coordinated and effective implementation of the provisions of the Kyoto Protocol relating to the mechanisms of flexibility and the relevant decisions adopted for their implementation and, on the other hand, not to confront the subjects of the right to inadequately harmonized or duplicative regulation;
Considering that in its decision of 12 December 2005, the National Climate Commission defined 1995 as the base year for sulphur hexafluoride, perfluorocarbons and hydrofluorocarbons under Article 3.8 of the Kyoto Protocol;
The Federal Authority, represented by the Federal Government, in the person of the Prime Minister, the Minister of Economy, Energy and Foreign Trade and the Minister of the Environment;
The Flemish Region, represented by the Flemish Government, in the person of its Minister-President, the Flemish Minister of Economy, Enterprise, Science, Innovation and Foreign Trade, and the Flemish Minister of Public Works, Energy, Environment and Nature;
The Walloon Region, represented by the Walloon Government, in the person of its Minister-President, the Walloon Minister of Economy and Employment and the Walloon Minister of Agriculture, Rurality, Environment and Tourism;
The Brussels-Capital Region, represented by the Government of the Brussels-Capital Region, in the person of its Minister-President, the Brussels Minister responsible for the Environment, Energy and Water Policy, and the Brussels Minister of Employment, Economy and Scientific Research,
agreed that:
CHAPTER I^er. - Definitions, objectives and principles
Article 1^er. For the purposes of this cooperation agreement, the following means:
1° project activity: a joint implementation project activity or a project activity of the clean development mechanism;
2° clean development mechanism project activity (CDM): a project activity approved by one or more Parties in Annex I^rein accordance with Article 12 of the Kyoto Protocol and the decisions adopted under the UNFCCC or the Kyoto Protocol;
3rd Joint Implementation Project Activity (JC): a project activity approved by one or more Parties in Appendix I^rein accordance with Article 6 of the Kyoto Protocol and the decisions adopted under the UNFCCC or the Kyoto Protocol;
4° Conference of the Parties: the Conference of the Parties to the UNFCCC, adopted in New York on 9 May 1992, which became a Meeting of these Parties, within the exclusive framework of the Kyoto Protocol and as of 16 February 2005;
5° Part of Annex I: any Party in Annex I^re of the UNFCCC, which ratified the Kyoto Protocol, as specified in Article 1^erArticle 7 of the Protocol;
6° Belgium as a Contracting Party: the Flemish Region, the Walloon Region, the Brussels-Capital Region and the Federal Authority acting jointly in accordance with their respective competences for the implementation of the Kyoto Protocol;
7° Baseline: the year 1990 for carbon dioxide, methane and nitrogen protoxide and the year 1995 for sulphur hexafluoride, perfluorocarbons and hydrofluorocarbons;
8° Baseline: for each project activity, the level to reasonably represent anthropogenic emissions by anthropogenic sources or removals by greenhouse gas wells that would occur in the absence of the proposed project;
9° first commitment period: the period from 1^er January 2008 to 31 December 2012, referred to in Article 11, § 2, of Directive 2003/87/EC;
10° Directive 2003/87/EC: the Directive 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 by Directive 2004/101/EC of the European Parliament and the Council of 27 October 2004, under the Kyoto Protocol project mechanisms;
11° Competent authorities: the bodies designated by the Flemish Region, the Walloon Region, the Brussels Capital Region and the Federal Authority respectively, in accordance with Article 18 of Directive 2003/87/EC;
12° quota: the quota allowing to issue a ton of carbon dioxide equivalent during a specified period, valid only to meet the requirements of Directive 2003/87/EC, and transferable in accordance with the requirements of this directive;
13° authorization to emit greenhouse gases: authorization issued in accordance with Articles 5 and 6 of Directive 2003/87/EC;
14° operator: the holder of an authorization to issue greenhouse gases, established by Directive 2003/87/EC;
15° National Climate Commission: the commission established under Article 3 of the cooperation agreement of 14 November 2002 between the Federal Authority, the Flemish Region, the Walloon Region and the Brussels-Capital Region relating to the establishment, execution and monitoring of a National Climate Plan, as well as to the establishment of reports, within the framework of the United Nations Framework Convention on Climate Change and the Protocol
16th Permanent Secretariat: the Permanent Secretariat of the National Climate Commission;
Register: the register established by Belgium, managed and maintained in accordance with Article 6 of Decision No. 280/2004/EC, incorporating a register established in accordance with Article 19 of Directive 2003/87/EC;
18° Registry administrator: the person(s) that manage and maintain the registry in accordance with the requirements of Directive 2003/87/EC, Decision No. 280/2004/EC and Regulation (EC) No. 2216/2004;
19° registry software: the electronic platform that is used as a secure data file for the registry;
20° Party deposit account: any account on the register established pursuant to Article 12 of Regulation (EC) No 2216/2004;
21° operator deposit account: any account on the register established pursuant to section 15 of Regulation (EC) No 2216/2004;
22° person deposit account: any account on the register established pursuant to section 19 of Regulation (EC) No 2216/2004;
23rd Designated National Authority: the proceeding referred to in item 29 of the annex to decision 3/CMP.1 on the modalities and procedures for the application of a clean development mechanism, as defined in Article 12 of the Kyoto Protocol;
24° point of contact: the proceeding referred to in paragraph 20 (a) of the annex to decision 9/CMP.1 on the guidelines for the application of Article 6 of the Kyoto Protocol;
25th host country: the Party or each Party in the territory of which the project activity is physically located, provided that it meets the conditions set by the decisions of the Conference of the Parties serving as the Meeting of the Parties to the Kyoto Protocol;
26° Accredited independent entity: an entity accredited in accordance with the guidelines adopted under Article 6 of the Kyoto Protocol, to determine whether reductions in anthropogenic emissions by sources or enhancements of anthropogenic removals by sinks, arising from a joint implementation project activity, meet the relevant conditions set out in this Article and these guidelines;
27° approval: written authorization, administrative and technical in nature, provided for the participation of one or more persons in a specific project activity, in accordance with the rules adopted, as the case may be, by the Executive Council of the clean development mechanism under Article 12 of the Kyoto Protocol, or by the Oversight Committee under Article 6 of the Kyoto Protocol;
28° person: any natural or legal person of private law or public law;
29° reserve for the commitment period: the reservation that must be 90 per cent of the amount assigned to Belgium or 100 per cent of the quintuple of the last inventory of Belgium that has been examined, the lowest value being retained;
30° assigned amount: the amount of greenhouse gas emissions, expressed in tonnes of carbon dioxide equivalent, calculated according to the emission levels determined in accordance with section 7 of Decision 280/2004/EC;
31st additional deadline for the fulfilment of commitments: the deadline referred to in paragraph 3 of decision 13/CMP.1 relating to the accounting of assigned amounts defined under Article 7, § 4, of the Kyoto Protocol;
32° program objectives: for the first commitment period, the objectives of regional greenhouse gas emissions were established by the decision of the Consultation Committee of 8 March 2004;
33° verified greenhouse gas emissions during the first commitment period: greenhouse gas emissions during the first commitment period as notified and reviewed in accordance with Articles 7 and 8 of the Kyoto Protocol and taking into account any adjustments made in accordance with Article 5, § 2 of the Kyoto Protocol;
34° use of Kyoto quotas or units: the allocation of Kyoto quotas or units for the removal and return process for greenhouse gas emissions in accordance with Directive 2003/87/EC and Regulation (EC) No. 2216/2004 and the Kyoto Protocol;
35° Kyoto unit: an AAU (a assigned quantity unit), AMU (absorption unit), ERU (emission reduction unit) or CER (certified emission reduction unit);
36° unit of assigned amount (UQA): a unit issued in accordance with Article 7, § 3, of Decision No. 280/2004/EC;
37° Absorption unit (UAB): a unit issued under Article 3 of the Kyoto Protocol;
38° emission reduction unit (ERU): a unit issued under Article 6 of the Kyoto Protocol and decisions adopted under UNFCCC or the Kyoto Protocol;
39° certified emission reduction unit (CER): a unit issued under Article 12 of the Kyoto Protocol and decisions adopted under the UNFCCC or the Kyoto Protocol;
40° Certified Temporary Emission Reduction Unit (CERI-T): an CER issued for a afforestation or reforestation project activity under the CDM and, subject to decisions adopted under the UNFCCC or the Kyoto Protocol, expires at the end of the commitment period following the one during which it was issued;
41° Certified Sustainable Emission Reduction Unit (URCE-LT): a CER issued for a afforestation or reforestation project activity under the CDM and, subject to decisions adopted under the UNFCCC or the Kyoto Protocol, expires at the end of the reporting period for the afforestation or reforestation activity under the CDM for which it was issued;
42° Compliance Committee: the committee established by item II.1 of the annex to decision 27/CMP.1 on compliance procedures and mechanisms of the Kyoto Protocol;
43° land use, land-use change and forestry: afforestation, deforestation, reforestation, forest management, grazing management, cultivated land management and restoration of plant cover within the meaning of this Article;
44° afforestation: direct anthropogenic conversion to forest lands that had not been forested for at least fifty years by planting, seeding and/or man-made promotion of natural seed;
45° reforestation: the direct anthropogenic conversion of non-forested lands into forested lands by plantation, seedling and/or man-made promotion of natural seed on land that had previously grown forests but had been converted to non-forested lands. For the first commitment period, reforestation activities will be limited to the sole reforestation of land that did not have forests as of 31 December 1989;
Art. 2. Without prejudice to the provisions of the cooperation agreement of 14 November 2002 relating to the establishment, implementation and monitoring of a National Climate Plan, as well as to the preparation of reports, within the framework of the United Nations Framework Convention on Climate Change and the Kyoto Protocol, and in accordance with the respective competences of the Federal Authority and Regions, this cooperation agreement concerns the implementation of certain provisions of the Kyoto Protocol by Belgium
1° guaranteeing the effective and continuing participation of Belgium as a Contracting Party to the flexibility mechanisms referred to in Articles 6, 12 and 17 of the Kyoto Protocol in order to be able to acquire and use Kyoto units in addition to domestic efforts to achieve the commitment to reduce greenhouse gas emissions, and in accordance with the provisions of Article 3, § 1^erthe Kyoto Protocol;
2° define the criteria and procedure for approval of project activities under the National Climate Commission, as well as the conditions under which persons are allowed to participate, in accordance with the relevant guidance, modalities and procedures adopted under the UNFCCC, the Kyoto Protocol and the provisions of Directive 2003/87/EC;
3° designate the point of contact and the national authority designated for Belgium;
4° to settle the detention of Kyoto units on individual deposit accounts and on deposit accounts operating in the register;
5° agree on the scope of the control by the registry administrator of the use of Kyoto units by operators and authorities.
Art. 3. § 1^er. The Federal Authority and the regions undertake, as part of the exercise of their respective competences, to take any necessary measures to meet the criteria for Belgium, as a Contracting Party, to use Kyoto units, in accordance with the provisions of Article 8 of Decision No. 280/2004/EC and Article 50 of Regulation (EC) No. 2216/2004. In accordance with the cooperation agreement of 14 November 2002, the National Climate Commission verifies whether these criteria are effectively met.
§ 2. The Federal Authority and the regions are committed to contributing together to building the capacity of the host countries of project activities, in particular the developing countries, in order to help them establish procedures for the evaluation and approval of project activities so that they effectively contribute to their sustainable development goals. The Federal Authority and the regions inform the National Climate Commission of their initiatives. The National Climate Commission proposes annually to the Federal Authority and regions actions and priority countries by ensuring a sufficient geographical distribution of project activities and taking into account the relevant initiatives of international and European institutions.
§ 3. The use of flexible mechanisms by Belgium must be consistent with supplemental obligations under the Kyoto Protocol and UNFCCC, as well as its enforcement decisions.
CHAPTER II. - Approval of project activities
Section 1^re. - Designation of the National Climate Commission as focal point and designated national authority
Art. 4. § 1^er. The National Climate Commission is designated to perform the tasks assigned to the point of contact and to the national authority designated under the relevant enforcement decisions of Articles 6 and 12 of the Kyoto Protocol, respectively.
§ 2. In this capacity, the National Climate Commission approves project activities under its jurisdiction and endorses, on the basis of the signature of an approval letter, federal or regional approval decisions, in accordance with sections 2 and 3 below. The National Climate Commission is bound by the decision of the region or the Federal Authority.
§ 3. The approval decision is also valid for individuals to participate in project activities, in accordance with the provisions of Articles 6 or 12 of the Kyoto Protocol and the relevant decisions adopted for their implementation, and confirms the voluntary participation of Belgium as a Contracting Party in the implementation of the project activity concerned.
§ 4. The National Climate Commission formally notify the registry administrator and makes available to the public information on project activities, for which a letter of approval is issued, without prejudice to the legal and regulatory provisions applicable to confidentiality and respect for business secrecy.
§ 5. As part of its annual activity report, the National Climate Commission prepares a special report on its activities as a point of contact and designated national authority.
Section 2. - Approval of project activities within a region or the Federal Authority
Art. 5. § 1^er. A region approves the following project activities:
1° any project activity financed entirely or partially by that region, or by a province or municipality located in its territory;
2. any project activity by which the region intends to acquire Kyoto units;
3° any project activity of the Joint Implementation or Clean Development Mechanism whose application for approval is introduced by a natural person with his or her home, or by a legal person with a settlement unit in that region;
4° any project activity carried out in the territory of this region.
§ 2. The Federal Authority approves any project activity by which it will acquire Kyoto units.
§ 3. Where under the criteria of subsections 1^er and 2 above, a project activity is carried out both from several regions or from one or more regions and from the Federal Authority, and is dealt with by the competent authority to which the application for approval is filed, after consultation with other relevant authorities. If the project activity is to take place in the territory of a region, the application for approval is always filed with and processed by the region.
§ 4. The competent authority to whom an application for approval is filed shall notify the Permanent Secretariat immediately, indicating the name of the project activity and the applicant. The Permanent Secretariat shall inform the other competent authorities.
§ 5. The Permanent Secretariat shall record and list each application for approval on a list, which shall also mention the competent authority responsible for processing in accordance with the provisions of this section.
Art. 6. § 1^er. The application for approval of a project activity within the jurisdiction of a Region is introduced and instructed in accordance with the rules of the region in question. The application for approval of a project activity under the Federal Authority is introduced and instructed to the competent authority of the Authority.
§ 2. For the evaluation of a project activity of the MOC mechanism, which does not fall within the control of the Supervisory Committee established under Article 6 of the Kyoto Protocol, and provided that the competent regional or federal authority does not intend to acquire ERUs, the competent authority shall ensure that this project activity permits a reduction in greenhouse gas emissions in addition to those that may be otherwise obtained.
§ 3. The Federal Authority or the Region shall notify its decision in terms of approval of the project activity in the Permanent Secretariat, together with the justification of its jurisdiction. The Permanent Secretariat acknowledges receipt of this notification.
§ 4. In the event of a regional or federal approval decision, the approval letter is signed, on behalf of the National Climate Commission, by the President of the National Climate Commission, at the end of its first meeting following this approval decision. The model of this letter is prepared by the National Climate Commission. The Permanent Secretariat sends it, by registered mail with acknowledgement of receipt, to the competent authority, who then communicates it to the applicant.
§ 5. The refusal of approval is directly notified to the applicant by the competent authority, in accordance with the terms and conditions that it sets.
§ 6. Notwithstanding the signature of the letter of approval of a project activity by the President of the National Climate Commission, the approved federal or regional authority remains fully responsible for this activity and bears the burden of all risks associated with it.
§ 7. When pursuant to decision 3/CMP.1 on the modalities and procedures for the application of a clean development mechanism as defined in Article 12 of the Kyoto Protocol or Decision 9/CMP.1 on the guidelines for the application of Article 6 of the Kyoto Protocol, a region or the Federal Authority requests the revision of an approved project activity, which falls within its jurisdiction, that region or the Federal Authority shall notify the Commission of that review by the National Climate Commission
Section 3. - Approval of project activities under the National Climate Commission
Art. 7. Any project activity that does not fall within a region or within the Federal Authority in accordance with Article 5 is the responsibility of the National Climate Commission.
Art. 8. The National Climate Commission will not approve any project activity referred to in Article 7, which does not meet the following criteria, in accordance with the modalities for the implementation of the Kyoto Protocol established by the Conference of the Parties to the United Nations Framework Convention on Climate Change acting as the Meeting of the Parties, and Directive 2004/101/EC amending Directive 2003/87/EC:
1° Project activity must effectively contribute to the achievement of the sustainable development objectives of the host country envisaged;
2° the financing of the proposed project activity does not, for the benefit of it, result in the diversion of official development assistance within the framework of the rules discussed at the Organisation for Economic Co-operation and Development and in accordance with the decisions of the Executive Council under Article 12 of the Kyoto Protocol and the Supervisory Committee under Article 6 of that Protocol;
3° the participation of persons in a project activity shall be consistent with the relevant guidance, modalities and procedures adopted under the UNFCCC and the Kyoto Protocol;
4° the planned project activity does not affect Belgium's ability to fulfil its obligations under other international conventions, particularly with a view to preserving biodiversity, combating desertification and depletion of the ozone layer;
5° the planned project activity does not affect, in a direct or indirect manner, the environment or health of the population of a State other than that in which it is envisaged to be implemented;
6° the planned project activity does not affect the interests of Belgium as part of its diplomatic and military activities;
7° for any joint MOC project activity, baseline and monitoring plan shall be established in accordance with the UNFCCC or Kyoto Protocol decision guidelines, and shall be verified by an accredited independent entity. When the activity is considered in the territory of the European Union or in countries that have signed a Treaty of Accession with the European Union, the reference level must be perfectly compatible with the acquis communautaire, including the provisional exemptions provided for in this Treaty of Accession;
8° for a hydropower project activity with a production capacity exceeding 20 MW, the planned project activity complies with the relevant international standards and guidelines, including those contained in the 2000 final report of the World Commission on Dams, entitled "Barriers and Development: a new framework for decision-making. »
Art. 9. § 1^er. Any person who intends to undertake a project activity under the National Climate Commission must apply for approval.
§ 2. The procedures for the introduction of this application for approval, its content, and the documents to be attached are established by the National Climate Commission, which communicates them to the federal and regional assemblies and publishes them to the Belgian Monitor.
§ 3. The instruction of the application for approval shall be as follows:
1° the Permanent Secretariat of the National Climate Commission acknowledges receipt of the application for approval and notify the applicant of the procedural deadlines;
2° the National Climate Commission verifies that the application file for approval is complete. Where the applicant considers that it has all the necessary elements for its decision, the applicant shall notify the applicant of the decision and provide the record. It may at any time, if it deems it useful, ask the applicant for additional information or documentation required for the record. In this case, the period referred to in Article 10 § 1^er, is extended for two months.
Art. 10. § 1^er. The National Climate Commission shall decide within four months of the notification referred to in Article 9, § 3, 1°. It shall make its decision by a two-thirds majority of the votes of its members present taking into account the criteria referred to in Article 8. In the absence of a decision within the above period, the project activity is deemed to be approved.
§ 2. The letter of approval is signed by the President of the National Climate Commission on behalf of the Commission. The National Climate Commission sets out the model of this letter and sets out the terms and conditions under which the Permanent Secretariat sends it to the applicant.
§ 3. When the National Climate Commission refuses to approve a project activity, it indicates, in its decision, the reasons for this refusal. The Permanent Secretariat shall notify the applicant, by registered mail with acknowledgement of receipt.
§ 4. The decision taken by the National Climate Commission constitutes an individual decision which may appeal for cancellation before the State Council within 60 days of the date of its notification.
§ 5. At the request of the Permanent Secretariat, the National Climate Commission will be able to make a payment by the applicant of a reasonable contribution and proportionate to the costs of the service rendered, without exceeding the costs of that service. The amount of this contribution and the rules to be followed will be determined by the National Climate Commission.
CHAPTER III. - Detention and use of Kyoto units
Art. 11. Any person, operator or Party deposit account in the registry may hold Kyoto units.
Art. 12. § 1^er. The Parties to this Cooperation Agreement undertake not to use ERUs or CERs generated by nuclear facilities to meet their quantified greenhouse gas emission reduction commitments.
§ 2. In order to fulfill their commitments to reduce greenhouse gas emissions, regions and the Federal Authority may decide not to use Kyoto units from specific project activities. Any Party that excludes the use of a specified type of Kyoto units shall take all necessary and necessary measures to that end. The registry administrator shall provide an annual report for the purpose of autonomously establishing any breaches of that provision, and to take the necessary measures for its compliance.
§ 3. A region or the Federal Authority may, in addition to European and international rules, decide to set additional conditions for the use of Kyoto units by operators, to whom it has provided authorization to issue greenhouse gases. She informs the National Climate Commission and the registry administrator. The registry administrator shall provide the Party concerned with an annual report on the return of Kyoto quotas and units by the operators of these facilities, allowing the Party concerned to independently establish any breaches of that provision, and to take the necessary measures for its compliance.
§ 4. In the exercise of their competence for the implementation of Directive 2003/87/EC, the regions, in collaboration with the registry administrator, communicate the relevant information regarding the use of Kyoto units in the greenhouse gas emission quota system to the National Climate Commission which reports to the European Commission in accordance with Article 21, § 1^er(a) of the above-mentioned directive.
Art. 13. § 1^er. The registry administrator allows operators to use Kyoto units, provided that this use is in accordance with the rules set out in this regard by Directive 2003/87/EC, Regulation (EC) No. 2216/2004, UNFCCC, the Kyoto Protocol, and their enforcement orders.
§ 2. Respect for § 1^er shall be recognized by the central administrator near the European Commission in accordance with the test procedures set out in Annex XIII of the Regulations and, where applicable, the test plan prepared by the administrator of the international transaction log near the United Nations in accordance with the standardized data exchange standards applicable to the Kyoto Protocol registers. The registry administrator shall ensure that the registry software provider correctly applies the rules set out in § 1^er.
§ 3. At the request of the National Climate Commission, the registry administrator may exclude the use of specific Kyoto units from specific project activities, in addition to the European and international rules, for the entire operator deposit accounts and the Party deposit account, provided that this is the subject of a consensus of the regions and the Federal Authority and that this can be implemented technically in the registry software. Technical feasibility is established by the software developer and evaluated by the National Climate Commission on the basis of a report by the registry administrator.
CHAPTER IV. - assigned amount
Art. 14. § 1^er. The amount assigned to Belgium is initially included in the Party deposit account opened on behalf of Belgium, as a Contracting Party, in the register.
§ 2. If land use, land-use change and forestry were a net source of greenhouse gas emissions during the year or period of reference, Belgium takes into account, in the calculation of the assigned amount, the anthropogenic emissions notified in the "forestation" (forestation) section in accordance with decision 13/CMP.1 on the modalities for accounting of assigned amounts § 4
Art. 15. § 1^er. The portion of the amount allocated to Belgium, corresponding to the total amount of quotas reserved, in accordance with the national allocation plan of Belgium for 2008-2012, to the facilities covered by Directive 2003/87/EC, including the total reservation for new entrants, is maintained on the deposit account of Party of Belgium pending the issuance in accordance with Article 45 of the Regulation (EC) No. 2216/2004, the allocation to the operators in accordance with the same regulation
§ 2. The registry administrator scrupulously and continuously stores the total quantities of Kyoto units and quotas on the Party deposit account.
§ 3. Each region and the Federal Authority shall open a person deposit account in the registry by giving the registry administrator a completed and signed activation form, in accordance with the provisions of the Royal Decree of 14 October 2005.
§ 4. A region may request in writing to the registry administrator that a limited part of the amount allocated to Belgium from the deposit account of the Party of Belgium be transferred to the deposit account of a person, provided that the amount is transferred before the end of the first commitment period and before the verification, at the request of the competent authority concerned, on a specific Party deposit account created for that purpose, managed by the registry administrator. This cannot prejudice the commitments of this region, other regions and Belgium. This part is limited for each region up to 5% of 5 times the greenhouse gas emissions during the reference year in the region concerned, decreased by 7.5%.
§ 5. The transfer application referred to in § 4 must be sent by registered letter with acknowledgement of receipt to the registry administrator and must be signed by the authorized person to represent the account holder, as well as by two of his authorized representatives.
§ 6. The regions and the Federal Authority may hold on their individual deposit account Kyoto units acquired by a third party, pending their transfer to the Party of Belgium deposit account.
CHAPTER V. - Distribution of load
Art. 16. § 1^er. If the audited greenhouse gas emissions of a region during the first commitment period are greater than five times its regional greenhouse gas emissions target for the first commitment period, that region undertakes, no later than two months before the expiry of the additional period granted for the performance of the commitments, to transfer to the deposit account of the Party of Belgium as a Contracting Party, a difference of its The registry administrator shall transfer all units referred to in Article 15, § 4 to the deposit account of a Party of Belgium as a Contracting Party, no later than two months before the expiry of the additional period granted for the performance of its commitments.
§ 2. If the audited greenhouse gas emissions of a region during the first commitment period are less than five times the objective of regional greenhouse gas emissions during the first commitment period, the registry administrator transfers a quantity of Kyoto units referred to in Article 15, § 4 diminished of the difference between its audited greenhouse gas emissions in the first period The remaining Kyoto units are simultaneously transferred by the registry administrator to the area's person deposit account.
Taking into account the Kyoto units purchased by the Federal Authority during the first commitment period, the regions and the Federal Authority, without prejudice to their autonomy, will examine together within the framework of the Consultation Committee, the possibility of assigning or selling Kyoto units in the first commitment period, preferentially between the regions themselves, or transfer them in whole or in part on the next commitment period without prejudice to the definition of commitments. After the notification to Belgium of the final validation of its national greenhouse gas emission inventories by the UNFCCC Secretariat, the Federal Authority and the regions, without prejudice to their autonomy, will decide together, within the framework of the Consultation Committee, on the possibilities referred to in the preceding paragraph, no later than two months before the expiry of the additional period for the fulfilment of its commitments. This decision will be notified within 14 calendar days to the registry administrator, at the authenticated and legally binding written request of authorized representatives of a region and a Minister mandated by the Regional Government.
CHAPTER VI. - Reserve for the commitment period and deferral of Kyoto units to the next commitment period
Art. 17. By 31 October 2007, the National Climate Commission approves all actions to be taken by the registry administrator and the Parties to this Cooperation Agreement when, from 1^er January 2008, the amounts of ERUs, CERs, AAUs and AMUs valid for the five-year period in question, held in the Party's deposit accounts, the operator's deposit accounts, the person's deposit accounts and the withdrawal accounts in the register approach the non-compliance threshold for the commitment period, in accordance with the terms and conditions for the implementation of Article 17 of the Kyoto Protocol.
Art. 18. § 1^er. Within the limit of 2.5% of the amount allocated to Belgium, and with the terms set by the National Climate Commission, the registry administrator shall take the necessary measures to allow the Federal Authority and each region to postpone, to the next commitment period, CERs or ERUs not resulting from AUS.
Upon written request from authorized representatives of a region or the Federal Authority, the registry administrator shall also take the necessary measures to allow them to postpone, to the next commitment period, the AAUs for which no limits are set.
§ 2. Kyoto units carried forward in accordance with § 1^er shall not have been withdrawn for the commitment period or cancelled and such postponement shall take place after the expiry of the additional period granted for the performance of the commitments.
§ 3. The deferral of Kyoto units under the conditions set out in the preceding paragraphs will be open to other persons as long as the National Climate Commission authorizes it and with respect to the terms and conditions set by it and as long as this can be technically implemented in the registry software. Technical feasibility is established by the software developer and evaluated by the National Climate Commission on the basis of a report by the registry administrator.
CHAPTER VII. - Use of Kyoto units from land use, land-use change and forestry
Art. 19. § 1^er. To fulfil the objective of reduction of Belgium as a Contracting Party, which is referred to in Article 3, § 1^er, of the Kyoto Protocol and established pursuant to Decision No. 2002/358/EC, the Federal Authority and the regions undertake to use CER-LT or CER-T only to a maximum quantity equal to 1% of the emissions of the reference year used to calculate the assigned amount of Belgium, multiplied by five.
§ 2. The Parties to this Cooperation Agreement shall retain their URCE-LT and their URCE-T on their respective deposit accounts pending their transfer to the Party Deposit Account.
§ 3. To this end, the registry administrator communicates annually to the National Climate Commission, starting in 2008:
(a) the quantities of CER-LT and CER-T on the registry Party deposit account, and
(b) quantities of CER-LT and CER-T removed.
The regional or federal authority that removes URCE-LT or URCE-T remains responsible for their possible replacement.
§ 4. The National Climate Commission will determine the maximum percentage, as defined in § 1^er above, between the Federal Authority and each region.
§ 5. Each region and the Federal Authority take responsibility for the principles of the maximum authorized percentage distribution that have been agreed.
CHAPTER VIII. - Procedures and mechanisms for compliance with the provisions of the Kyoto Protocol
Art. 20. § 1 The following provisions govern the application of procedures and mechanisms relating to compliance with the provisions of the Kyoto Protocol, where a procedure concerning Belgium is implemented before the Compliance Committee:
§ 2. The National Climate Commission is designated as a consultative structure and is responsible for defining practical provisions on:
1° to the participation of the Federal Authority and the regions in the preliminary examination of implementation issues by the facilitative branch or the enforcement board of the Compliance Committee;
2° to general procedures or procedures specific to each room,
3° to appeal proceedings.
§ 3. When a decision is notified to Belgium through the Committee Secretariat, the National Climate Commission meets as soon as possible in order to determine the practical provisions of the respective participation of the Federal Authority and the regions in this procedure.
§ 4. The National Climate Commission sets out practical execution modalities for any consecutive action of the facilitative chamber to be applied to Belgium.
§ 5. Article 16, § 3 of the special law of 8 August 1980 of institutional reforms is applicable for the execution of the consecutive measures applied by the Chamber of Enforcement of the Committee against Belgium.
CHAPTER IX. - Final provisions
Art. 21. Any disputes arising between Contracting Parties concerning the interpretation or execution of this cooperation agreement shall be settled within the National Climate Commission, or in the absence of a solution, within the framework of the Inter-Ministerial Conference on the Expanded Environment and, where appropriate, the Consultative Committee. In the absence of a solution, the dispute will be submitted to a court whose members will be designated and whose operating costs will be apportioned in accordance with Article 24 of the cooperation agreement of 14 November 2002.
Art. 22. This cooperation agreement shall be concluded for an indefinite period. Each Contracting Party may denounce it with a notice of six months.
Art. 23. This cooperation agreement will come into force after the federal legislature and regional legislators have signed their consent. The law, decrees and the order of approval will be published jointly to the Belgian Monitor by the Central Secretariat of the Committee of Consultation referred to in article 31 of the ordinary law of 9 August 1980, at the request of the Party whose legislator was the last to give its consent.
Established in Brussels on 19 February 2007, as many copies as there are Contracting Parties.
For the Federal Authority:
The Prime Minister,
G. VERHOFSTADT
Federal Minister of Energy,
Mr. VERWILGHEN
Federal Minister of the Environment,
B. TOBBACK
For the Flemish Region,
The Minister-President of the Flemish Government,
Y. LETERME
The Flemish Minister of Economy, Enterprises, Science, Innovation and Foreign Trade,
Ms. F. MOERMAN
The Flemish Minister of Public Works, Energy, Environment and Nature,
K. PEETERS
For the Walloon Region,
Minister-President of the Walloon Government,
E. DI RUPO
Walloon Minister of Economy,
J-Cl. MARCOURT
Walloon Minister of the Environment,
B. LUTGEN
For the Brussels-Capital Region,
The Minister-President of the Government of Brussels-Capital,
Ch. PICQUE
The Brussels Minister of Environment and Energy,
Ms. E. HUYTEBROECK
Brussels Minister of Economy and Scientific Research
B. CEREXHE