Law Approving The Financial Protocol Of 4 October 2002 On The Cooperation Agreement Of 5 April 1995 Between The Federal State, The Flemish Region, The Walloon Region And The Brussels-Capital Region On The International Policy Of Surrounds

Original Language Title: Loi portant assentiment au Protocole financier du 4 octobre 2002 à l'accord de coopération du 5 avril 1995 entre l'Etat fédéral, la Région flamande, la Région wallonne et la Région de Bruxelles-Capitale relatif à la politique internationale de l'environne

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Posted the: 2003-07-02 Numac: 2003022526 FEDERAL PUBLIC SERVICE Foreign Affairs, trade outside and COOPERATION to development, SERVICE PUBLIC FEDERAL public health, environment and food chain safety, Ministry of the FLEMISH community, MINISTÈRE DE LA RÉGION WALLONNE and Ministry of the REGION of Brussels - capital April 4, 2003. -Act for consent to the financial protocol of 4 October 2002 on the cooperation agreement of 5 April 1995 between the federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region on the international ALBERT II environmental policy, King of the Belgians, to all present and future salvation.
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. it is brought consent to the financial protocol of 4 October 2002 on the cooperation agreement of 5 April 1995 between the federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region on the international policy environment.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, December 5, 2002.
ALBERT by the King: the Deputy Prime Minister and Minister for Foreign Affairs, L. MICHEL. the Minister of the Protection of consumer, public health and environment, J. TAVERNIER the Secretary of State for Cooperation to development, E. BOUTMANS seen and sealed with the seal of the State: the Minister of Justice, Mr. VERWILGHEN protocol financial's October 4, 2002 A COOPERATION agreement of 5 April 1995 between the FEDERAL State THE FLEMISH REGION, LA REGION WALLONNE and the REGION of Brussels-capital matter A LA Policy International of the environment seen cooperation agreement of 5 April 1995 between the federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region;
Having regard to the cooperation agreement of 8 March 1994 between the federal State, the communities and Regions regarding the modalities of findings of mixed treaties;
Having regard to the decisions of the environment of the 25 March 1997 Interministerial Conference, 25 November 1997, July 14, 1998 and August 25, 1999 loading an ad hoc group of the Inter-Ministerial Conference of foreign policy and the Coordination Committee of the international policy environment to prepare a draft of ad hoc solution laying down a distribution key horizontal concerning mandatory contributions from Belgium to multilateral environmental agreements , and seen the results of the ad hoc group;
Having regard to the decisions taken by the Working Group mixed treaties established by the cooperation agreement of 8 March 1994 supra;
Having regard to the decision taken by the Inter-Ministerial Conference of foreign policy of 8 December 1999;
Having regard to the opinion of the Conseil d'Etat of 31 October 2000;
Having regard to the decision taken by the Interministerial Conference on the environment of 24 July 2001.
Whereas among the multilateral environmental agreements, some of them are of mixed competence, and that the implementation of the measures decided on under the joint environmental multilateral agreements is vested in different levels of powers parties to the agreement for cooperation of 5 April 1995 supra;
Whereas the tasks laid down in article 1, 1 °, of the cooperation agreement of 5 April 1995 supra cover inter alia the question of the payment of the annual compulsory contributions of the Belgium to multilateral environmental agreements mixed which is not financed in the context of the existing mandatory contributions to international organizations;
Considering that the mission provided for in article 1, 2 °, of the cooperation agreement of 5 April 1995 supra covers including the composition of the Belgian delegation to the international meetings held in the context of mixed environmental multilateral agreements, and that article 13 stipulates that Belgian at these meetings delegations could be composed of representatives of all the authorities concerned and in particular If applicable, the only representatives of the Regions, and that the CCIEP may designate these representatives as spokesman.
The Parties agree as follows: Article 1. This Protocol applies to environmental agreements multilateral that the Belgium is a Contracting Party and which are not exclusively to matters which fall within the competence of the federal State.
S. 2. the list of multilateral environmental agreements referred to in article 1 that the Belgium is Contracting Party on the date of signature of the Protocol is annexed Ier.
Other agreements to which the Belgium is already a Contracting Party on the date of signature of the Protocol and that the mixed treaties Working Group declares mixed may also be subject to the implementation of the Protocol by decision of the Interministerial Conference on the environment.
S. 3. multilateral environmental treaties to which the Belgian State became Contracting Party after the signature of this Protocol and who was reported mixed by the mixed treaties working group shall be governed by right by Protocol.
S.
4. it is introduced a key horizontal distribution between the federal State and region set to 30% Federal and 70% for the Regions to ensure the financing of the compulsory contributions of the Belgium mixed environmental multilateral agreements in annex Ier.
The distribution between the Regions to a maximum of 70% of the Regions is carried out as follows: 58% for the Flemish Region, 33% for the Walloon Region and 9% for the Brussels-Capital Region.

The revision of the key between the Regions may be reviewed, at the request of one of the parties to this Protocol, if allocation key applied in accordance with the calculation of section 34 of the special law on the financing of the communities and the Regions of 16 January 1989 deviates too significantly from the key defined in this Protocol.
S.
5. the contributions of the Belgium to multilateral environmental agreements are made on basis of the key determined on the basis of article 4 through an account opened with the federal Treasury fueled by the Regions and the federal authority and managed by a federal authorising officer of the Ministry of Foreign Affairs, foreign trade and International Cooperation.
The rules for management of the account to order are described in annex II.
S. 6. this Protocol is established without prejudice to a global regulation on the compulsory contributions of the Belgium within the Inter-Ministerial Conference of foreign policy.
S. 7. the financial protocol of 28 April 2000 and its annexes are repealed, this Protocol shall enter into force January 1, following the year of the last approval.
Thus in Brussels in four copies, October 4, 2002.
For the federal Government: Deputy Prime Minister and Minister for Foreign Affairs, L. MICHEL. the Minister of the Protection of consumer, public health and environment, J. TAVERNIER the Secretary of State for Cooperation to development, E. BOUTMANS for the Government of the Flemish Region: the Minister - President of the Flemish Government, P. DEWAEL the Flemish Minister of environment and Agriculture , Ms. V. DUA the Flemish Minister for Home Affairs, public service and external policy, P. VAN GREMBERGEN for the Government of the Walloon Region: the Minister - President of the Walloon Government, j. - Cl.
VAN CAUWENBERGHE the Walloon Minister of planning, Urbanism and the environment, M.
FOREST the Walloon Minister of Agriculture and rural life, J. HAPPART for the Government of the Brussels-Capital Region: the Minister-President of the Government of the Brussels-Capital Region, responsible for local authorities, the planning, Monuments and Sites, urban renewal and scientific research, f.-x. DONNEA the Brussels Minister for finance, the Budget, public service and External Relations, G.
The Brussels Minister VANHENGEL responsible environmental and policy of water, Conservation of Nature and public cleanliness and external trade, D. GOSUIN _ Notes (1) records of the House of representatives: 50-2177-2002/2003: No. 1: Bill.
No. 2: Notice of the State Council.
No. 3: report.
No. 4: Text adopted in plenary meeting and transmitted to the Senate.
Full record: 19 and 20 February 2003.
The Senate documents: 2-1497-2002-2003: No. 1: draft transmitted by the House of representatives.
No. 2: report.
No. 3: Texts adopted in plenary meeting and submitted to Royal assent.
Annals of the Senate: March 27, 2003.

Annex Ire.
List of multilateral environmental agreements referred to in article 1 1 ° Geneva Protocol of 1984 to the 1979 convention on air pollution transboundary long-range, relating to the long-term financing of the Cooperative Programme for monitoring and evaluation of the long-range transmission of air pollutants in Europe (EMEP);
2 ° Ramsar convention of 1971 relating to wetlands of international importance especially as Waterfowl Habitat;
3 ° Vienna convention of 1985 for the protection of the ozone layer;
4 ° Montreal Protocol of 1987 Protocol on substances that Deplete the ozone layer (1);
5 ° convention framework Nations on climate change of 1992 (2);
6 ° convention of

Basel of 1989 on the control of transboundary movements of hazardous wastes and their disposal;
7 ° Paris convention of 1992 on the protection of the marine environment of the North-East (OSPAR) Atlantic;
8º Rio convention of biological diversity (3) 1992;
These contributions are fully supported by the federal Government in the context of its expertise in development cooperation.
Thus in Brussels in four copies, October 4, 2002.

For the federal Government: Deputy Prime Minister and Minister for Foreign Affairs, L. MICHEL. the Minister of the Protection of consumer, public health and environment, J. TAVERNIER the Secretary of State for Cooperation to development, E. BOUTMANS for the Government of the Flemish Region: the Minister - President of the Flemish Government, P. DEWAEL the Flemish Minister of environment and Agriculture Ms. V. DUA the Flemish Minister of Internal Affairs, public service and external policy, P.
VAN GREMBERGEN for the Government of the Walloon Region: Minister - President of the Walloon Government, j. - CL. VAN CAUWENBERGHE the Walloon Minister of spatial planning, urban planning and the environment, Mr. forest the Walloon Minister of Agriculture and rural life, J. HAPPART for the Government of the Brussels-Capital Region: the Minister-President of the Government of the Brussels-Capital Region, with responsibility for local authorities the planning, Monuments and Sites, urban renewal, and scientific research, f.-x. DONNEA the Brussels Minister for finance, the Budget, public service and External Relations, G. VANHENGEL the Brussels Minister for the environment and politics of water, Conservation of Nature and public cleanliness and external trade, D. GOSUIN _ Notes (1) the key referred to in article 4 does not apply to compulsory contribution to the multilateral fund of the Montreal Protocol.
(2) the key referred to in article 4 does not apply to the mandatory contribution to the Global Environmental Facility of the Convention.
(3) the key referred to in article 4 does not apply to the mandatory contribution to the Global Environmental Facility of the Convention.

Annex II concerning the management arrangements for the account opened by the Ministry of Foreign Affairs, foreign trade and International Cooperation from the federal public Treasury 1. To facilitate and consolidate the payments of contributions of the Belgium to mixed environmental multilateral agreements, a holding account is opened by the Direction of the Budget and the accounts of the Ministry of Foreign Affairs, foreign trade and International Cooperation with the Administration of the Treasury Department Ministry of finance under the heading 'bijdragen multilateral milieuverdragen/contributions environmental multilateral agreements. The article number of this account is 83.05.09.00 2. To run international financial transfers, the account is linked to a financial, open account with the National Bank of Belgium, with the same name as the first point.
3. the two accounts are managed by an accountant named in the Direction mentioned in the first point.
4. the effective payment of the overall contributions to multilateral environmental agreements will be made by the accounting officer referred to in paragraph 3 at the request of the authorising officer of the Ministry of Foreign Affairs, international trade and International Cooperation (federal authorising officer) after receipt of invitations for payment prepared by international secretariats.
5. the payment in question is done by multilateral environmental agreement and provided that the account has been credited by the Federal and federated entities competent according to the distribution key agreed in the financial protocol, and this no later than April 30 of the current fiscal year.
If invoices from the secretariats of the conventions do reach the Belgian authorities that after 1 March of the current year, that time-limit is extended until two months after the date of the receipt of invoices by the Belgium.
6. the supply of the account by the parties, contributing proportionally said key, is carried out at the request of the authorising officer federal after receipt of payment invitations written by international secretariats. A copy of these invitations will be attached to the request for payment.
7. the contributions of federal public authority and the regions are increased in an advance for the payment of foreign exchange and bank charges as well as for the constitution of a reservation limited to face late fluctuations.
This lead includes 5% of the contribution of each of the parties.
8. in order to limit the number of payment orders sent to the participating parties, the federal authorising officer ensures the extent of possible invitations from payment to be grouped.
9. each application power mentions the name and the number of the account to be credited, the overall contribution in FB, the method of calculation, its division into contributions to multilateral environmental agreements.
10. the federal authorising officer invites the B.N.B. to make the payment to the relevant environmental multilateral organization and arranged so that each payment is accompanied by a statement specifically mentioning it as a payment of federal authority and the Flemish, Walloon Region and Brussels-capital.
11. If the contributing parties pay insufficient funds for the payment of assessed contributions, the federal authorising officer does not carry out payment.
12. it will be taken account by the federal authorising officer remaining balance appearing on the account at the end of each fiscal year in the next solicitation of payment, based on the distribution of contributions keys.
13. the accountant managing the order account will report every three months on this management administration cash. A copy of the State of management will be sent to all the contributing parties.
Thus in Brussels in four copies, October 4, 2002.
For the federal Government: Deputy Prime Minister and Minister for Foreign Affairs, L. MICHEL. the Minister of the Protection of consumer, public health and environment, J. TAVERNIER the Secretary of State for Cooperation to development, E. BOUTMANS for the Government of the Flemish Region: the Minister - President of the Flemish Government, P. DEWAEL the Flemish Minister of environment and Agriculture , Ms. V. DUA the Flemish Minister of Internal Affairs, public service and external policy, P. VAN GREMBERGEN for the Government of the Walloon Region: the Minister - President of the Walloon Government, j. - Cl.
VAN CAUWENBERGHE the Walloon Minister of planning, Urbanism and the environment, M.
FOREST the Walloon Minister of Agriculture and rural life, J. HAPPART for the Government of the Brussels-Capital Region: the Minister-President of the Government of the Brussels-Capital Region, responsible for local authorities, the planning, Monuments and Sites, urban renewal and scientific research, f.-x. DONNEA the Brussels Minister for finance, the Budget, public service and External Relations, G.
VANHENGEL the Brussels Minister in charge of the environment and water, Conservation of Nature and public cleanliness and policy of foreign trade, D. GOSUIN