11 AVRIL 2003. - An Act to approve the Agreement on Cooperation between the Federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region on the Establishment, Implementation and Follow-up of a National Climate Plan, as well as the preparation of reports under the United Nations Framework Convention on Climate Change and the Kyoto Protocol, concluded in Brussels on 14 November 2002 (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 Agreement on Cooperation between the Federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region on the Establishment, Implementation and Follow-up of a National Climate Plan, as well as the preparation of reports, within the framework of the United Nations Framework Convention on Climate Change and the Kyoto Protocol, concluded in Brussels on 14 November 2002, annexed to this Law.
Art. 3. This Act comes into force on the day of its publication in the Belgian Monitor.
Promulgate this law, order that it be put on the seal of the state and published by the Belgian Monitor.
Given in Brussels on 11 April 2003.
ALBERT
By the King:
Deputy Prime Minister and Minister of Mobility and Transport,
Ms. I. DURANT
State Secretary for Energy and Sustainable Development,
O. DELEUZE
Sealed from the state drip:
Minister of Justice,
Mr. VERWILGHEN

COOPERATION AGREEMENT
between the Federal State, 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 the preparation of reports, within the framework of the United Nations Framework Convention on Climate Change and the Kyoto Protocol
Having regard to Article 39 of the Constitution;
Considering the special law of 8 August 1980 on institutional reform, as amended by the special law of 8 August 1988, in particular articles 6, § 1^er§ 1^er;
Considering the special law of 12 January 1989 on Brussels institutions, as amended by the special law of 16 July 1993, including articles 4 and 42;
In view of the Act 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 Act of 12 July 2001 approving 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 Council of the European Union decision 1999/296/EC amending Decision 93/389/EEC on a monitoring mechanism for CO2 emissions and other greenhouse gases in the Community;
Considering decision 2002/358/EC of the Council of the European Union 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;
Having regard to the decision of the Council of the European Union of 16 June 1998 on the determination of the contribution of each Member State to the 8% decrease that the Community must reach globally under Article 3 of the Kyoto Protocol;
Having regard to the Agreement of Cooperation of 18 May 1994 between the Brussels, Flemish and Walloon Regions on the monitoring of air emissions and data structuring;
Having regard to the Agreement of Cooperation of 5 April 1995, concluded between the Federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region on International Environmental Policy, concerning the establishment of a permanent working group called the Coordinating Committee of the International Environmental Policy (CCPIE shortened);
Having regard to the Agreement on Cooperation of 24 October 1997 on Cooperation between the State and the Regions on the Plan of Scientific Assistance to a Sustainable Development Policy;
In light of the March 25, 1999 environmental air quality assessment and improvement order;
Considering the Walloon Decree of 21 April 1994 on environmental planning in the context of sustainable development;
Considering the decision of the Council of Ministers of 12 May 2000, concerning the approval of the implementation of the Second Plan of Scientific Support for a Sustainable Development Policy (PADDII), for which the Federal State and federated entities have entered into a Cooperation Agreement;
Considering the Federal Plan for Sustainable Development 2000-2004, approved by the Council of Ministers of 20 July 2000;
Considering the decision of the Council of Ministers of 14 June 2001, at the federal level, that Belgium confirms its commitment to implement its decision of 20 July 2000 on the approval of the Federal Sustainable Development Plan 2000-2004 and in particular paragraph 391 on the commitment to reduce its emissions of greenhouse gases in 2008-2012 compared to 1990, as other European States implement it, as determined by the Burden Sharing, to know
Considering that paragraph 391 of the Federal Sustainable Development Plan 2000-2004 states that the objectives to be achieved will not be allocated linearly among the economic groups and sectors of the country;
Considering the Flemish Environmental Policy Plan (MINA Plan), which states that there is a need to reduce net greenhouse gas emissions and, in the long term, to aim at stabilizing greenhouse gas concentrations in the atmosphere at a level that prevents any dangerous anthropogenic disruption of the climate system;
Considering the Walloon Region's action plan on climate change, approved by the Walloon Government on 19 July 2001, aiming at a 7.5 per cent reduction in emissions from the Walloon Region by 2008-2012 compared to its 1990 emissions;
Considering that, because of the current division of competence, both the federal State and the Regions undertake to take the necessary measures to meet the requirements of the Kyoto Protocol. To this end, it was decided at the Interdepartmental Conference of the Expanded Environment of 22 February 2001 approving the Minutes of 14 December 2000 to establish a National Climate Plan;
Considering the decisions of the Inter-Ministerial Conference of the Extended Environment of 24 July 2001, approving the minutes of 22 February 2001 and more specifically the agreement between the Flemish Region and the Walloon Region, concerning the stabilization of emissions by 2005 compared to 1990 for each Region;
Considering the decision of the Walloon Government of 18 January 2001, confirmed on 22 February 2001 and further clarified on 19 July 2001, to defend the principle of a linear distribution between the Regions of the Belgian reduction target of 7.5 per cent, and to include the approval of the preliminary draft decree granting consent to the Kyoto Protocol, in accordance with this principle;
Considering the decision of the Government of the Brussels-Capital Region of 15 March 2001, requesting that a method of calculation of equitable distribution between the Regions be defined by an independent body in consultation with the relevant actors and that the method of calculation be presented at a forthcoming Inter-ministerial Conference of the Extended Environment;
Considering that the Flemish government decided on 20 April 2001 that an allocation of equivalent charges between the Regions is necessary to conduct a policy of reducing greenhouse gas emissions in Belgium, effective from a cost perspective;
Considering the need, on the one hand, for a coordinated and effective implementation of the provisions of the National Climate Plan, and, on the other hand, not to confront the subjects of the right to regulations that are insufficiently harmonized or duplicative, clear planning, endorsed by a Cooperation Agreement, is sought;
Considering the need to take joint measures in the three Regions to reduce greenhouse gas emissions in order to achieve a high level of environmental protection;
Considering the political agreement, decision 5/CP.6 adopted by the Conference of the Parties to the United Nations Framework Convention on Climate Change (COP6bis) held in Bonn from 16 to 27 July 2001 pursuant to the Buenos Aires Plan of Action, which, with regard to the issue of supplementarity, means for Annex I Parties that national measures must be an important part of the effort to reduce their commitments to be made,^er paragraph of the Kyoto Protocol and obliges them to report and submit relevant information to control, in accordance with Articles 7 resp. 8 of the Kyoto Protocol;
Considering that decision 5/CP.6 of the Conference of the Parties to the United Nations Framework Convention on Climate Change defines that only Parties that have accepted the supplementary agreement on compliance with the Kyoto Protocol have the right to acquire or defer credits generated by the use of flexibility mechanisms and advises the Conference of the Parties in which the Parties of the Kyoto Protocol meet (COP/MOP) to make the participation of the Parties^re flexibility mechanisms dependent on compliance with reporting requirements under section 5, 1^er and 2^e paragraph and article 7, 1^er and 4^e the Kyoto Protocol;
Considering that the realization of the reduction objective requires the application of flexibility mechanisms;
Considering the need to ensure ongoing cooperation and consultation with regard to data management, monitoring the implementation, evaluation and possible adaptation of the National Climate Plan;
Considering the need for the Federal State and the Regions to have compatible assessment methodologies in order to ensure the objective and harmonious processing of data vis-à-vis the public, the European Commission and the parties to the Climate Convention and the Kyoto Protocol;
Considering that, in order to achieve compatible cooperation, consultation and assessment methodology, the intervention of the federal State and the Regions in the management, operation and financing of an appropriate structure must be institutionally resolved;
Considering that the provisions of this Cooperation Agreement shall not prejudice the operation of CCPIE;
Considering the need to include the National Climate Plan in a global sustainable development strategy;
Considering that it is desirable to make the National Climate Plan an effective instrument enabling Belgium to achieve a "low carbon economy" while protecting the competitiveness of companies;
Considering that the federal State must guarantee economic and monetary union and ensure the free movement of persons, goods and capital;
Considering the need to take into account, economically and socially, the European Stability Pact, the Belgian National Report to the EU on the Economic Reform of the Products, Services and Capital Markets (Processus de Cardiff) and the National Action Plan for Employment (Processus de Luxembourg);
The federal state, represented by the Minister with Mobility and Transport in his or her responsibilities, the Minister with the Environment in his or her responsibilities and the State Secretary with Energy in his or her responsibilities;
The Flemish Region, represented by the Flemish Government, in the person of its Minister-President, the Flemish Minister with the Environment in his powers and the Flemish Minister with Energy in his duties;
The Walloon Region, represented by the Walloon Government, in the person of its Minister-President, the Walloon Minister with the Environment in his powers and the Walloon Minister with Energy in his powers;
The Brussels-Capital Region, represented by the Government of the Brussels-Capital Region in the person of its Minister-President, the Brussels Minister with the Environment in his responsibilities, the Brussels Minister with the Energy in his responsibilities and the Brussels Secretary of State responsible for Energy;
The following agreed:
CHAPTER I^er. - Definitions, objectives and principles
Article 1^er. In this Cooperation Agreement, the definitions apply:
§ 1^er. "Climate change" means climate change that is attributed directly or indirectly to a human activity that alters the composition of the global atmosphere and adds to the natural variability of the climate observed during comparable periods.
§ 2. "greenhouse gas" means the gaseous components of the atmosphere, both natural and anthropogenic, that absorb and re-emit infrared radiation. The following greenhouse gases are covered for the purposes of this Agreement:
- Carbon dioxide (CO2)
- Methane (CH4)
- Nitrous oxide (N2O)
- Hydrofluorocarbons (HFCs)
- Perfluorinated hydrocarbons (PFC)
- Sulphur Hexafluoride (SF6)
§ 3. "emissions" means the release of greenhouse gases or precursors of such gases in the atmosphere above an area and during a given period.
§ 4. " Conference of the Parties " means the Conference of the Parties to the Convention.
§ 5. “Convention” means the United Nations Framework Convention on Climate Change, adopted in New York on 9 May 1992.
§ 6. Flexibility mechanisms:
1. mechanisms as referred to in Articles 6, 12 and 17 of the Kyoto Protocol: joint application (Article 6), " Clean Development Mechanism" (Article 12) and international emissions trade (Article 17).
2. any system of trade in greenhouse gas emissions established by the European Union.
§ 7. Extended Inter-Ministerial Conference of the Environment (IEC): the permanent members of the IEC, in accordance with the Cooperation Agreement of 5 April 1995 on International Environmental Policy, extended to the Prime Minister, the Ministers-Presidents of the Regions, to the Federal Minister of Budget, the Ministers responsible for Energy, Transport, Tax, Development Cooperation and the Regional Ministers of the Economy.
Art. 2. This Cooperation Agreement concerns the establishment, implementation, monitoring of a National Climate Plan and the preparation of reports under the United Nations Framework Convention on Climate Change and the Kyoto Protocol and Decision 1999/296/EC, with the objective of controlling net emissions of CO2 and other greenhouse gases, as set out in the Kyoto Protocol and in the Decision of the Council of the European Union of 16 June 1998.
CHAPTER II. - National Climate Commission
Art. 3. For the implementation and follow-up of this Cooperation Agreement and for the follow-up to the National Climate Plan in general, the Regions and the Federal State create a National Climate Commission. The National Climate Commission is assisted by a permanent secretariat.
Art. 4. The National Climate Commission is constituted by the Contracting Parties, each with four agents appointed by their Governments. Such persons may be assisted by experts. Each Party shall designate four effective and four alternate members, who may replace the respective effective members when they are absent. These designations will be issued to the Belgian Monitor. Any change will be published in the same way.
Art. 5. The permanent secretariat is provided by the Interregional Environment Cell (CELINE) referred to in Article 6 of the Cooperation Agreement of 18 May 1994 between the Brussels, Flemish and Walloon Regions on the monitoring of air emissions and data structuring. It is composed of officials from the administration of the Contracting Parties. Public servants remain subject to statutory provisions applicable to them.
Art. 6. § 1^er. The administrative and organizational tasks of the National Climate Commission are:
1. Draft the rules of procedure of the National Climate Commission;
2. Establish the operating rules of the permanent secretariat;
3. To submit proposals to Contracting Parties on the composition of the permanent secretariat;
4. Designate a President, each year on the date of entry into force of the Cooperation Agreement, respecting a turn of roles between all Contracting Parties, as well as a Dutch/French linguistic alternation;
5. To prepare an annual report on the activities of the National Climate Commission;
6. To ensure the exchange and transmission of information and relations between the parties concerned, with regard to the state of progress and the implementation of the policies and measures taken in the National Climate Plan in force at that time;
7. Provide direct information to federal and regional advisory boards;
8. Assume the obligations relating to the exchange and transmission of data and information, imposed by Council of the European Union Decision 1999/296/EC and the United Nations Framework Convention on Climate Change (UNFCCC), in collaboration with the relevant departments and the CCFIA;
9. Ensure compatibility and, where possible, harmonization between Contracting Parties of working methods and procedures, interpretation of data, reporting and forecasting, and exchange of information;
Tasks 1 to 4° must be completed within 6 months after the composition of the National Climate Commission.
§ 2. The tasks of the National Climate Commission relating to the content of:
1. Assess, during the last quarter of each year, federal and interregional coordination and cooperation, as well as the level of execution and the (ecological, social and economic) impact of policies and measures taken on the basis of the National Climate Plan. Results, reductions and forecasts will be compared to the targets set. On this basis, the National Climate Commission formulates its proposals to the Interministerial Conference of the Expanded Environment to improve cooperation and to correct the National Climate Plan;
2. Submit to the Interministerial Conference of the Extended Environment no later than 2005 a proposal for the allocation of the national reduction target of 7.5%, along with a proposal defining responsibilities for compliance;
3. To advise CCPIE on Belgium ' s views on international policy in the areas of climate change and greenhouse gas emissions. The National Climate Commission may request CCFIA to include certain items on the agenda;
4. Receive and deliberate the reports of the representatives of Belgium within the United Nations Framework Convention on Climate Change bodies;
5. Adviser to the Interdepartmental Commission on Sustainable Development (CIDD) on aspects of sustainable development policy related to greenhouse gas emissions. The National Climate Commission may request CIDD to include certain items on the agenda;
6. Conduct a preparatory study on the need and where appropriate on the content of a separate cooperation agreement on flexibility mechanisms;
Art. 7. The tasks of the Permanent Secretariat are those defined in Article 7, (d), of the Agreement of Cooperation of 18 May 1994 between the Brussels, Flemish and Walloon Regions on the monitoring of air emissions and data structuring, as amended by Article 21 of this Cooperation Agreement.
Art. 8. The National Climate Commission meets at least twice a year, as well as at the request of a member. It is valid only if all Contracting Parties are represented. If necessary, expert working groups will be designated or created according to the categories of substances that require further examination or evaluation.
Art. 9. The National Climate Commission unanimously decides between the Contracting Parties, provided that each Region and the Federal State are represented. Each Party has a voice. If unanimity cannot be achieved, the subject matter will be submitted to the Extended Environment Inter-Ministerial Conference. If an agreement is not reached in this Conference, the matter is referred to the Committee of Consultation referred to in Article 31 of the ordinary law of 9 August 1980.
Art. 10. The National Climate Commission makes available information based on regional and federal initiatives:
1. Regions;
2. the Federal Government or other bodies;
3. natural or legal persons who request it.
With the agreement of all Parties concerned, this data may be transmitted in a digital format or stored in a data bank accessible to all interested parties. However, the information received by the Parties may remain confidential in cases determined by the applicable administration advertising legislation, which applies to the relevant department.
CHAPTER III. - Gathering and exchange of data, reporting
Art. 11. The Regions undertake to submit annually to the National Climate Commission a report containing the prescribed information, allowing the federal government to report the data according to the guidelines imposed by the Conference of the Parties of the United Nations Framework Convention on Climate Change and the Kyoto Protocol and in accordance with Council of the European Union decision 1999/296/EC.
Art. 12. The federal state is committed to providing an annual report to the National Climate Commission on relevant economic and social indicators, including basic statistics.
Art. 13. The federal State and each of the Regions also undertake to report annually and in a harmonized manner to the National Climate Commission on the progress and implementation of policies and measures, which are included in the National Climate Plan, which fall within their competence.
CHAPTER IV. - Commitment to the implementation of the National Climate Plan
Art. 14. The Federal State and the Regions undertake to establish a National Climate Common Plan, in accordance with the objective described in Article 2 of this Cooperation Agreement. This plan is prepared within the National Climate Commission and the Interministerial Conference of the Expanded Environment and is approved by the respective governments with regard to their competences.
Art. 15. The Federal State and the Regions are committed, with regard to their respective competences, to implement policies and measures, and to comply with the provisions of the National Climate Plan adopted.
Art. 16. The Federal State and the Regions undertake to evaluate every year the need to review the National Climate Plan, as a whole or some of its parts, on the basis of a proposal by the National Climate Commission.
Art. 17. The Federal State and the Regions undertake to submit the National Climate Plan and all revisions for advice to regional and federal advisory boards.
Art. 18. The Federal State and the Regions are committed to developing and implementing a common methodology for evaluating national greenhouse gas emission forecasts and to appoint one or more responsible for the execution of the forecast.
Art. 19. The Federal State and the Regions undertake to adopt as soon as possible, in consultation with the actors concerned, the instruments necessary to implement the mechanisms of flexibility.
CHAPTER V. - Budgetary provisions
Art. 20. Contributions relating to personnel costs, depreciation of equipment made available to the National Climate Commission, including the permanent secretariat, additional or annual investments, maintenance of equipment and operating costs, shall be borne by each Contracting Party by application of the distribution key as follows: 30% for the Federal State; 70 per cent for regions, including 57.11 per cent for the Flemish Region, 33.84 per cent for the Walloon Region and 9.05 per cent for the Brussels Capital Region.
CHAPTER VI. - Arrangements to amend the Agreement of Cooperation of 18 May 1994 between the Brussels, Flemish and Walloon Regions on the monitoring of air emissions and data structuring
Art. 21. In Article 7 of the Agreement on Cooperation of 18 May 1994 between the Brussels, Flemish and Walloon Regions on Air Emission Monitoring and Data Structure is added a point (d) to read:
“(d) missions relating to the function of the permanent secretariat of the National Climate Commission:
1. To assist the National Climate Commission, established by the Agreement on Cooperation of 14 November 2002 between the Federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region on the Establishment, Implementation and Follow-up of a National Climate Plan, as well as reporting under the United Nations Framework Convention on Climate Change and the Kyoto Protocol;
2. Conduct the administrative, logistical and technical missions entrusted to it by the National Climate Commission. »
Art. 22. In the fourth paragraph of Article 9 of the Cooperation Agreement, the phrase "at Article 7, (c)" is replaced by the phrase "at Article 7, (c) and (d)".
Art. 23. In Article 17 of the same Cooperation Agreement, a fourth paragraph is inserted as follows:
"By derogation from the first paragraph of this Article, contributions relating to personnel costs, to the depreciation of the equipment made available to the National Climate Commission, including the permanent secretariat, to the additional or annual investments, to the maintenance of the equipment and to the operating costs, are borne by each Contracting Party in the Agreement of Cooperation of 14 November 2002 between the Federal State, the Flemish Region, the Walloon Region and the Brussels Region 70 per cent for regions, including 57.11 per cent for the Flemish Region, 33.84 per cent for the Walloon Region and 9.05 per cent for the Brussels Capital Region. »
CHAPTER VII. - Final provisions
Art. 24. The members, referred to in article 92 bis, § 5, second paragraph, of the special law of 8 August 1980 of institutional reforms, of the jurisdiction responsible for the determination of disputes concerning the interpretation or execution of this Cooperation Agreement, shall respectively be appointed by the Council of Ministers, the Flemish Government, the Walloon Government and the Government of the Brussels-Capital Region. The operating costs of the jurisdiction are apportioned according to the distribution key referred to in Article 20 of this Agreement between the Federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region.
Art. 25. This Cooperation Agreement shall be concluded for an indefinite period. Each Contracting Party may denounce it with a notice of six months.
Art. 26. Within the Interministerial Conference of the Expanded Environment, Contracting Parties agree on the triannual evaluation of federal and interregional cooperation, within the framework of this Cooperation Agreement, based in particular on the annual reports of the National Climate Commission. The Extended Environment Interdepartmental Conference transmits its evaluation to the respective governments.
Art. 27. Disputes arising between Contracting Parties with respect to the interpretation or execution of this Cooperation Agreement shall be settled within the framework of the Interministerial Conference of the Extended Environment. In the absence of a solution, the dispute will be subject to a jurisdiction as referred to in Article 92 bis, §§ 5 and 6, of the special law of institutional reforms of 8 August 1980.
Art. 28. This Cooperation Agreement shall enter into force as soon as federal and regional legislators have signed their agreement. The Agreement will be issued to the Belgian Monitor by the Prime Minister's services, at the request of the Party whose legislator has been the last to agree.
Established in Brussels on 14 November 2002 as many copies as there are Contracting Parties.
Deputy Prime Minister and Minister of Mobility and Transport,
Ms. I. DURANT
Minister of the Environment,
J. TAVERNIER
The Secretary of State for Energy,
O. DELEUZE
The Minister-President of the Flemish Government,
P. DEWAEL
Flemish Minister of the Environment,
Ms. V. DUA
The Flemish Minister of Energy,
S. STEVAERT
Minister-President of the Walloon Government,
J-Cl. VAN CAUWENBERGHE
Walloon Minister of the Environment,
Mr. FORET
The Walloon Minister of Energy,
J. DARAS
The Minister-President of the Government of Brussels-Capital,
F.-X. DONNEA
The Brussels Minister of the Environment,
D. GOSUIN
The Brussels Minister of Energy,
E. TOMAS
The Brussels State Secretary for Energy,
A. HUTCHINSON
____
Note
(1) Senate.
Parliamentary documents. - Doc. 2-1432 - Regular session 2002/2003 - No. 1: Bill - No. 2: Report.
Annales of the Senate: March 13, 2003.
House of Representatives.
Parliamentary documents. - No. 50-2376 - Ordinary Session 2002/2003 - No. 1: Project transmitted by the Senate - No. 2: Report - No. 3: Text adopted in plenary and subject to Royal Assent.
Annales de la Chambre des représentants : 3 avril 2003.