Law Approving The Cooperation Agreement Between The Federal State, The Flemish Region, The Walloon Region And The Brussels-Capital Region Concerning The Establishment, Execution And Monitoring Of A Plan National Climate, As Well As The Establishment Of Ra

Original Language Title: Loi portant assentiment à l'Accord de coopération entre l'Etat fédéral, la Région flamande, la Région wallonne et la Région de Bruxelles-Capitale relatif à l'établissement, l'exécution et le suivi d'un Plan national Climat, ainsi que l'établissement de ra

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Posted the: 2003-07-15 Numac: 2003011319 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES average and energy April 11, 2003. -Law concerning consent to the agreement of cooperation between the federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region concerning the preparation, execution and monitoring of a Plan national climate, as well as the preparation of reports, in the context of the framework Convention of the United Nations on climate change and the Kyoto Protocol, concluded in Brussels on November 14, 2002 (1) ALBERT II , King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2 consent is given to the cooperation agreement between the federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region concerning the establishment, execution and monitoring of a Plan national climate, as well as reporting, in the context of the framework Convention of the United Nations on climate change and the Kyoto Protocol, signed in Brussels on 14 November 2002 annexed to this Act.
S.
3. this Act comes into force the day of its publication in the Moniteur belge.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, 11 April 2003.
ALBERT by the King: Deputy Prime Minister and Minister of mobility and transport, Ms. I. during the Secretary of State to energy and sustainable development, O. DELEUZE secau State seal: the Minister of Justice, Mr. VERWILGHEN COOPERATION agreement between the federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region concerning the establishment , the implementation and monitoring of a Plan national climate, as well as reporting, in the context of the framework Convention of the United Nations on climate change and the Kyoto Protocol having regard to article 39 of the Constitution;
Having regard to the Special Act of 8 August 1980 reform of the institutions, as amended by the Special Act of 8 August 1988, including articles 6 § 1, II 1 ° and 92bis, § 1;
Having regard to the Special Act of 12 January 1989 relating to Brussels institutions, as amended by the Special Act of 16 July 1993, including articles 4 and 42;
Given the law of 11 May 1995 on the approval of the framework Convention of the United Nations on climate change, and Annexes Ire 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 framework Convention of the United Nations on climate change, and Annexes A and B, made at Kyoto on 11 December 1997;
Having regard to decision 1999/296/EC of the Council of the European Union amending decision 93/389/EEC for a monitoring mechanism of emissions of CO2 and other gases to greenhouse in the community;
Having regard to 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 framework Convention of the United Nations on climate change and executing joint commitments arising therefrom;
Having regard to the decision of the Council of the European Union of 16 June 1998 relating to the fixing of the contribution of each Member State to the decrease of 8% that the community must reach globally according to article 3 of the Kyoto Protocol;
Having regard to the cooperation agreement of May 18, 1994, between Brussels, Flemish and Walloon Regions in monitoring air emissions and structuring of data;
Having regard to the cooperation agreement of 5 April 1995, concluded between the federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region, international environmental policy, on the establishment of a Coordinating Committee of the international politics of the environment called permanent working group (abbr. CCIEP);
Having regard to the cooperation agreement of 24 October 1997 on cooperation between the State and the Regions relating to the Plan for scientific support for a policy of sustainable development;
Saw the Ordinance of 25 March 1999. evaluation and improvement of the quality of ambient air
Seen the Walloon Decree of 21 April 1994 on the environment as part of sustainable development planning;
Whereas the decision of the Council of Ministers of May 12, 2000, concerning the approval of the execution of the second scientific support Plan for a sustainable development policy (SPSDII), for which the federal State and the federated entities concluded a cooperation agreement;
Whereas the Federal sustainable development 2000-2004 Plan, approved by the Council of Ministers of 20 July 2000;
Whereas the decision of the Council of Ministers of 14 June 2001, at the federal level, the Belgium confirms its willingness to implement its decision of 20 July 2000 on the approval of the Plan Federal sustainable development 2000-2004 and in particular paragraph 391 relating to the commitment to reduce its greenhouse gas emissions in 2008 - 2012 compared to 1990 as other European States run it, as determined by the Burden Sharing, i.e. 7.5% for the Belgium and Plan national climate to establish shall include those necessary for the realization of this objective of 7.5%, according to the Federal sustainable development 2000-2004 Plan, paragraph 496;
Whereas paragraph 391 of the federal Plan for sustainable development 2000-2004 States that the objectives to be achieved will not be distributed linearly between the groups and economic sectors of the country.
Whereas the Flemish Policy Plan on the environment (Plan MINA), which stipulates that reduce net emissions of gases greenhouse and, long term, aim to stabilise greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system;
Whereas the Walloon Region climate change action plan, approved by the Walloon Government on July 19, 2001, a reduction of 7.5% by 2008-2012 emissions of the Walloon Region compared to its 1990 emissions;
Whereas, because of the current distribution of powers, both the federal state that Regions undertake to take the necessary measures to comply with the Kyoto Protocol. For this purpose it was decided at the Ministerial Conference of the environment of 22 February 2001 approving the minutes of December 14, 2000 to prepare a Plan national climate;
Whereas the decisions of the Ministerial Conference of the wider environment of 24 July 2001, approving the minutes of February 22, 2001 and more specifically the agreement between the Flemish Region and the Walloon Region, concerning the stabilization of emissions by 2005 compared with 1990 for each Region;
Whereas the decision of the Walloon Government of January 18, 2001, confirmed February 22, 2001 and yet specified on 19 July 2001, to defend the principle of linear distribution between the Regions of the Belgian goal of 7.5% reduction, and to include the approval of the preliminary draft decree on consent to the Kyoto Protocol, in compliance with this principle;
Whereas the decision of the Government of the Brussels-Capital Region on 15 March 2001, requesting that a method of calculation of distribution between the Regions is defined by an independent in consultation with relevant stakeholders and that the method of calculation is presented at a next Interministerial Conference Environment expanded;
Whereas that the Flemish Government decided on April 20, 2001 that an equivalent load distribution between the Regions is necessary to carry out a policy of reduction of emission of greenhouse in Belgium, effective from a point of view of the cost;
Whereas it is necessary, on the one hand, a coordinated and efficient performance of the provisions of the Plan national climate, and, on the other hand, do not confront the subjects of law to insufficiently harmonized regulations or duplicative, a clear planning, endorsed by a cooperation agreement, is claimed;
Whereas it is necessary to jointly in the three Regions of measures 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 framework Convention of the United Nations on climate change (COP6bis), which was held at Bonn from 16 to 27 July 2001 in implementation of the Plan of Action in Buenos Aires which, in the question of incrementality, means for Parties of annex I that national measures must be an important part of the effort to meet their commitments to limit and to reduce emissions as defined in article 3, paragraph 1 of the Kyoto Protocol and requires them to report relevant information and to submit to scrutiny, in accordance with articles 7 resp.. 8 of the Kyoto Protocol;
Whereas that decision 5/CP.6 of the Conference of the Parties to the framework Convention of the United Nations on climate change lays down that only Parties that have accepted the complementary agreement regarding compliance with the Kyoto Protocol have the right to acquire or postpone credits generated by the use of

flexibility mechanisms and recommends to the Conference of the Parties in which the Parties to the Kyoto Protocol (COP/MOP) to the participation of the Parties of the annex Ire to the flexibility mechanisms dependent on compliance with requirements concerning reporting under article 5 meet 1st and 2nd paragraph and in article 7, 1st and 4th paragraph of the Kyoto Protocol;
Whereas the achievement of the objective of reducing requires the implementation of flexibility mechanisms;
Considering the need to ensure permanent cooperation and consultation in relation to the data management, monitoring of the implementation, the evaluation and also the possible adaptation of the Plan national climate;
Considering the need for the federal State and the Regions have compatible evaluation methodologies to ensure treatment objective and harmonious data towards the public, the European Commission and the parties to the climate Convention and the Kyoto Protocol;
Whereas, to achieve cooperation, consultation and a compatible assessment methodology, the intervention of the federal State and the Regions, in the management, operation and financing of an appropriate structure should be adjusted at the institutional level;
Whereas that the provisions of this agreement of cooperation are not prejudicial to the functioning of the CCIEP;
Whereas it is necessary to register the Plan national climate in an overall strategy of sustainable development;
Whereas it is desirable to plan national climate an effective instrument enabling Belgium to achieve a "low carbon economy" while protecting the competitiveness of enterprises;
Whereas the federal State must ensure economic and monetary union and ensure the free movement of persons, goods and capital;
Considering the need to take into account, on the economic and social plan, the European Pact of stability, the Belgian national report to the EU on reform economic markets of goods, services and capital (Cardiff process) as well as the Plan of Action for employment (Luxembourg process);
The federal State, represented by the Minister having the mobility and transport in its attributions, the Minister in charge of the environment and the Secretary of State with energy in his or her attributions;
The Flemish Region, represented by the Flemish Government, in the person of its Minister-president, the Flemish Minister in charge of the environment and the Flemish Minister in charge of energy;
The Walloon Region, represented by the Walloon Government, in the person of its Minister-president, the Walloon Minister having environment in his or her attributions and the Walloon Minister in charge of energy;
The Brussels-Capital Region, represented by the Government of the Brussels-Capital Region in the person of its Minister-president, the Brussels Minister having environment in his or her attributions, the Brussels Minister in charge of energy and the Brussels State Secretary in charge of energy;
Have agreed as follows: Chapter I. -Definitions, objectives and principles Article 1.
This cooperation agreement, the definitions apply: § 1.
"Climate change" means changes of climate that is attributed directly or indirectly to human activity that alters the composition of the global atmosphere and which are in addition to the natural variability of the climate observed over comparable time periods.
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2. "Greenhouse gases" means gaseous constituents of the atmosphere, both natural and anthropogenic, that absorb and re-emit infrared radiation. Greenhouse gases following greenhouse are referred for the purposes of this agreement: - carbon dioxide (CO2) - Methane (CH4) - nitrous oxide (N2O) - hydrofluorocarbons (HFCs) - perfluorocarbons (PFCS) - sulphur hexafluoride (SF6 § 3). Means 'emissions' the release of gases greenhouse greenhouse or precursors of such gases in the atmosphere over an area over a given period.
§ 4. Means "COP" the Conference of the Parties to the Convention.
§ 5. Means 'Convention' the framework Convention of the United Nations on climate change, adopted in New York on 9 May 1992.
§ 6. Flexible mechanisms: 1. mechanisms such as referred to in articles 6, 12 and 17 of the Kyoto Protocol: joint implementation (article 6), "A clean development mechanism" (article 12) and the international trade of emissions (article 17).
2. any system of emissions trading of greenhouse gases put in place by the European Union.
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7. Interdepartmental of environment (CIE) enlarged Conference: the permanent members of the CIE, in accordance with the cooperation agreement of 5 April 1995 on international environmental policy extended to the Prime Minister, the Minister-Presidents of the regions, to the federal Minister of the Budget, the Ministers in charge of energy, transport, taxation, cooperation in development and regional economy ministers.
S. 2. the present cooperation agreement concerns the establishment, implementation, monitoring of a Plan national climate as well as reporting, in the context of the framework Convention of the United Nations on climate change and the Kyoto Protocol and Decision 1999/296 /, with aims to control the net emissions of CO2 and other greenhouse gases greenhouse, laid down in the Kyoto Protocol as well as in the Decision of the Council of the European Union of 16 June 1998.
CHAPTER II. -The Commission national climate s.
3. for the implementation and follow-up of the agreement of cooperation and for the monitoring of the Plan national climate in general, Regions and the federal state create a Commission national climate. The national climate is assisted by a permanent secretariat.
S. 4. the National Commission climate is formed by the Contracting Parties, each featuring four representatives appointed by their Governments. Such persons may be assisted by experts. Each party will appoint four members and four alternate members, which may replace the respective full members when they will be absent. These designations will be published in the Moniteur belge. Any changes will be published in the same manner.
S. 5. the permanent secretariat is provided by the interregional cell of the environment (CELINE) referred to in article 6 of the cooperation agreement of May 18, 1994, between Brussels, Flemish and Walloon Regions in monitoring air emissions and structuring data. It is composed of officials from the administration of the Contracting Parties. Officials remain subject to the statutory provisions applying to them.
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6 § 1. Administrative and organisational National Commission tasks climate are to: 1. prepare the rules of procedure of the Commission national climate;
2. attach the rules of functioning of the permanent secretariat;
3 submit proposals to the Contracting Parties about the composition of the permanent secretariat;
4 appoint a president, each year on the date of entry into force of the cooperation agreement, in accordance with a rotation between all Contracting Parties, as well as a Dutch/French language alternation;
5 establish an annual report outlining the activities of the Commission national climate;
6 ensure the Exchange and transmission of information and reports between stakeholders, about the State of progress with the implementation of policies and measures included in the Plan national climate in force at that time;
7 information directly to federal and regional advisory councils;
8 assume obligations concerning the Exchange and transmission of data and information, imposed by decision 1999/296/EC of the Council of the European Union and by the framework Convention of the United Nations on climate change (UNFCCC) and, in collaboration with the departments concerned and the CCIEP;
9 ensure compatibility and, if possible, the harmonization between the Contracting Parties of the methods and work procedures, of the interpretation of the data, the establishment of reports and forecasts, and information exchange;
Tasks 1 ° to 4 ° shall be performed endeans 6 months after the composition of the Commission national climate.
§ 2. The tasks of the National Commission regarding content climate are to: 1. assess, during the last quarter of each year, the coordination and federal and interregional cooperation as well as the execution level and (ecological, social and economic) impact of policies and measures taken on the basis of the Plan national climate. Results, reductions and forecast will be compared to the objectives set. On this basis, the National Commission climate makes its proposals to the Interministerial Conference on the environment expanded to improve cooperation and to correct the National Climate Plan.
2 submit no later than 2005 to the Interministerial Conference of the enlarged environment a proposal for distribution of the objective national reduction of 7.5%, accompanied by a proposal defining the responsibilities for compliance;
3 Advisor the CCIEP to determine the point

view of the Belgium in international policy in the areas of climate change and greenhouse gas emissions. The National Commission on climate may request the CCIEP to include certain items in the agenda;
4 receive and deliberate reports by the representatives of Belgium within the bodies of the framework Convention of the United Nations on climate change;
5 advise the Interdepartmental Commission for sustainable development (IACSD) on aspects of the policy of sustainable development in relation to greenhouse gas emissions. The National Commission on climate may request the IACSD to include certain items in the agenda;
6 carry out a preparatory study on the need and where appropriate on the distinct content of a cooperation agreement on flexibility mechanisms;
S. (7 tasks of the permanent secretariat are those defined in article 7 d), of the cooperation agreement of 18 May 1994 between Brussels, Flemish and Walloon Regions in monitoring air emissions and structuring of the data, such as amended by article 21 of the cooperation agreement.
S. 8. the National Commission climate meets at least twice a year, as well as at the request of a member. She sits properly if all Contracting Parties are represented. If need is, expert working groups will be designated or created according to the categories of materials that require a review or more extensive.
S. 9. the National Commission climate decides by unanimity of the Contracting Parties, provided that the federal State and each Region are represented.
Each Party shall have one vote. If unanimity cannot be reached, the examined material will be submitted to the Interministerial Conference on the environment expanded. If an agreement is not reached within this Conference, the material is subject to the consultation Committee referred to in article 31 of the ordinary law of 9 August 1980.
S. 10. the National Commission climate puts information obtained on the basis of regional and federal initiatives in the provision: 1. the regions;
2. the federal Government or other bodies;
3. natural or legal persons who request it.
With the agreement of all Parties concerned, these data can be transmitted in digital form or be stored in a database accessible to all interested parties. However, the information given by the Parties, may remain confidential in the cases determined by legislation on advertising of the administration, applying to the competent authority in the matter.
CHAPTER III. -Gathering and exchange of data, reporting art. 11. the Regions undertake to return annually to the National Commission on climate a report containing information prescribed, allowing the federal Government to report data according to the guidelines imposed by the Conference of the Parties of the framework Convention of the United Nations on climate change and the Kyoto Protocol and in accordance with Council decision 1999/296/EC of the Council of the Union European.
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12. the federal State undertakes to submit an annual report to the National Commission climate involving economic and social indicators relevant, including basic statistics.
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13. the federal State and each region undertake also to submit annually and harmonized manner, a report to the Commission national climate on the progress and implementation of policies and measures, contained in the Plan national climate, falling within their purview.
CHAPTER IV. -Commitment to the implementation of the National Plan climate art. 14. the federal State and the Regions undertake to establish a National Climate Plan common, in accordance with the objective set out in article 2 of this agreement of cooperation. This plan is prepared within the Commission national climate and the Interministerial Conference on the environment extended and is approved by the respective Governments with regard to their skills.
S. 15. the federal State and the Regions undertake, with regard to their respective competences, to implement policies and measures, and comply with the provisions in the National Climate Plan adopted.
S. 16. the federal State and the Regions undertake to assess annually the need to re-examine the National Climate Plan, as a whole or parts, on the basis of a proposal from the Commission of national climate.
S. 17. the federal State and the Regions undertake to submit the Plan national climate and all revisions to notice to federal and regional advisory councils.
S. 18. the federal State and the Regions undertake to prepare and execute a common evaluation methodology for national forecasts of as well as greenhouse gas emissions to designate head (s) for the implementation of this.
S. 19. the federal State and the Regions undertake to adopt as soon as possible, in consultation with stakeholders, the instruments necessary for the implementation of flexibility mechanisms.
Chapter V. - Provisions budgetary article
20. the contributions relating to staff costs, depreciation of equipment made available to the National Commission climate, including the permanent secretariat, annual, or complementary investments to equipment maintenance and operating expenses, are supported by each Contracting Party pursuant to the key set as follows: 30% for the federal State. 70% for the regions, including 57.11% for the Flemish Region, 33.84% for the Walloon Region and 9.05% for the Brussels-Capital Region.
CHAPTER VI. — Provisions amending the cooperation agreement of May 18, 1994, between Brussels, Flemish and Walloon Regions in monitoring air emissions and structuring of data art. 21. article 7 of the cooperation agreement of May 18, 1994, between Brussels, Flemish and Walloon Regions in monitoring air emissions and structuring of data is added to a point d) as follows: "d) related to the function of the permanent secretariat of the Commission national climate: 1. assist the National Commission climate, established by November 14, 2002 cooperation agreement between the federal State. , the Flemish Region, the Walloon Region and the Brussels-Capital Region concerning the preparation, 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;
2. run the administrative, logistical and technical missions that are entrusted to it by the Commission national climate. » Art. 22. in the fourth paragraph of article 9 of this agreement of cooperation, the words "(in article 7, c)» is replaced by the phrase" (article 7, c) and (d)).
S. 23. in article 17 of this same cooperation agreement is inserted as a fourth paragraph as follows: "by way of derogation from the first paragraph of this article, the contributions relating to staff costs, depreciation of equipment made available to the Commission national climate, including the permanent secretariat, complementary or annual investment, equipment maintenance and operating costs. are supported by each Contracting Party to 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 National Climate Plan, and reporting in the context of the framework Convention of the United Nations on climate change and the Kyoto Protocol , by application of the scale of fixed as follows: 30% for the federal State. 70% for the regions, including 57.11% for the Flemish Region, 33.84% for the Walloon Region and 9.05% for the Brussels-Capital Region. ' CHAPTER VII. -Provisions finals s. 24. the members, referred to in article 92bis, § 5, second paragraph, of the Special Act of 8 August 1980 of institutional reforms, the jurisdiction to resolve disputes concerning the interpretation or execution of this agreement of cooperation, will be respectively 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 Court are distributed according to the distribution key laid down in article 20 of this agreement between the federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region.
S.
25. the present cooperation agreement is concluded for an indefinite period. Each Contracting Party may denounce it with six months notice.
S. 26 in the Interministerial Conference on the environment expanded, the Contracting Parties agree on evaluation triennial federal and interregional cooperation in the context of this cooperation agreement, based on the annual reports of the National Commission climate. The Inter-Ministerial Conference on the environment extended shall forward its evaluation to the respective Governments.
S. 27. disputes that arise between the Contracting Parties concerning the interpretation or execution of this agreement of cooperation, will be settled in the context of the Interministerial Conference on the environment expanded. Failing

a solution, the dispute will be submitted to a court referred to in article 92bis, §§ 5 and 6 of the Special Act of institutional reforms of 8 August 1980.
S. 28. the present cooperation agreement will enter into force as soon as federal and regional legislators have marked their agreement. The agreement will be published in the Moniteur belge by the services of the Prime Minister, at the request of the party whose legislators will have been the last to give its approval.
Established in Brussels, November 14, 2002 in as many copies as there are Parties.
Deputy Prime Minister and Minister of mobility and transport, Ms. I. during the Minister of the environment, J. TAVERNIER the Secretary of State for energy, O. DELEUZE the Minister-President of Flemish Government, P. DEWAEL Flemish Minister for the environment, Mrs V. DUA Flemish Energy Minister, S. STEVAERT the Walloon Government Minister-President, j.-CL. VAN CAUWENBERGHE the Walloon Environment Minister M.
FOREST the Walloon Minister for energy, J. DARAS the Minister-President of Government of Brussels-capital, f.-x. DONNEA the Brussels Minister of the environment, D.
GOSUIN the Brussels Minister of energy, E. TOMAS Secretary of State Brussels in charge of energy, A. HUTCHINSON _ Note (1) Senate.
Parliamentary papers. -Doc. 2-1432 - session regular 2002/2003 - No. 1: Act - No. 2 project: report.
Annals of the Senate: March 13, 2003.
House of representatives.
Parliamentary papers. -No. 50-2376-Session regular 2002/2003 - No. 1: draft transmitted by the Senate - No. 2: report - No. 3: text adopted in plenary meeting and submitted to Royal assent.
Annals of the House of representatives: April 3, 2003.