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U bent hier: www.lne.be Thema's Klimaatverandering Flexibele mechanismen English Flemish region approval procedures

Flemish region approval procedures

Regulatory framework

The regulatory framework for the Flemish approval procedure is laid down in the 12 January 2007 Flemish government Decree on the application of Kyoto Protocol flexibility mechanisms (dutch version) by the Flemish Region.

Approval criteria

The criteria which participation in a project activity must meet are laid down in the 4 February 2005 Flemish government Decree on tradable emission rights for greenhouse gases (dutch version).

Art. 27. A private or public organisation participating in a project activity shall ensure that this participation is entirely in accordance with the relevant guidelines, conditions of implementation and procedures pursuant to the UNFCCC and the Kyoto Protocol. In particular the private or public organisation shall ensure that the project activity results in:

  1. real and measurable long-term benefits in relation to climate change mitigation;
  2. greenhouse emission reductions amounting to an extra reduction in comparison with the situation which would have resulted without the proposed project activity;
  3. the transfer of eco-friendly and eco-safe technology and know-how.

The private or public organisation shall also ensure that the project activity is developed and conducted in a way that contributes to sustainable development in the host country, in other words, that the project activity has no significant negative social or environmental impact and is economically efficient.

Art. 28. A private or public organisation participating in a project activity in a country which has signed a treaty of accession with the European Union shall ensure that the baselines for this project activity, as laid down in decisions adopted pursuant to the UNFCCC or the Kyoto Protocol, fully comply with the acquis communautaire, including temporary exemptions set out in that treaty of accession.

Art. 29. A private or public organisation participating in a hydroelectric power production project activity with a generating capacity exceeding 20 MW shall ensure that relevant international criteria and guidelines, including those contained in the 2000 World Commission on Dams report "Dams and Development – A New Framework for Decision-Making", will be respected during the development of such a project activity.

Approval procedure

Application submission

In the Ministerial Order on the submission of an application for approval of a CDM or JI project activity, further rules are set out in relation to the application for approval of a project activity, the information to be supplied with the application and the documents to be submitted.

The documents shall be drawn up in Dutch, French or English. If this is not the case, a translation in one of these languages by a sworn translator shall be enclosed. 

An application for approval of a project activity shall be submitted in both electronic and written form:

FAO Annemie Neyens
Vlaams Overheid
Departement Leefmilieu, Natuur en Energie
Afdeling Lucht, Hinder, Risicobeheer, Milieu & Gezondheid
Koning Albert II-laan 20 bus 8
1000 Brussel

CDM project activity

An application for approval of a CDM project activity shall include at least the following documents:

  1. the project design document of the project activity, as made publicly available through the UNFCCC secretariat;
  2. a declaration by the applicant that participation in the project activity is in accordance with the relevant guidelines, conditions of implementation and procedures pursuant to the UNFCCC, the Kyoto Protocol and the relevant Flemish regulation. This declaration shall be drawn up using the form provided to that end by the Minister for the Environment;
  3. the letter of approval issued by the designated national authority of the host country;
  4. the validation report of the project activity, as made publicly available through the UNFCCC secretariat or, if the report is not yet publicly available, a provisional version thereof;
  5. a copy of a valid proof of identification if the applicant is a natural person; the Crossroads Bank for Enterprises identification number or, in the absence thereof, an extract from a trade register or an equivalent document if the applicant is a legal person;
  6. a written declaration by all project participants confirming that the applicant will be added to the list of project participants in the project design document, if the applicant is not included as a project participant in the project design document.

JI ‘track 1’ project activity

An application for approval of a JI ‘track 1’ project activity shall include at least the following documents:

  1. the letter of approval issued by the focal point of the host country;
  2. the documentation which forms the basis of the approval of the JI project activity by the host country in accordance with the relevant national guidelines of the host country;
  3. a declaration by the applicant that participation in the project activity is in accordance with the relevant guidelines, conditions of implementation and procedures pursuant to the UNFCCC, the Kyoto Protocol and the relevant Flemish regulation. This declaration shall be drawn up using the form provided to that end by the Minister for the Environment;
  4. a copy of a valid proof of identification if the applicant is a natural person; the Crossroads Bank for Enterprises identification number or, in the absence thereof, an extract from a trade register or an equivalent document if the applicant is a legal person;
  5. a written declaration by all project participants stating their agreement that the applicant become a project participant, if the applicant has not yet been authorised to participate in the JI project activity.

JI ‘track 2’ project activity

An application for approval of a JI ‘track 2’ project activity shall include at least the following documents:

  1. the project design document as made publicly available through the UNFCCC secretariat;
  2. a declaration by the applicant that participation in the project activity is in accordance with the relevant guidelines, conditions of implementation and procedures pursuant to the UNFCCC, the Kyoto Protocol and the relevant Flemish regulation. This declaration shall be drawn up using the form provided to that end by the Minister for the Environment;
  3. the letter of approval issued by the focal point of the host country;
  4. the determination report of the project activity, as made publicly available through the UNFCCC secretariat or, if the report is not yet publicly available, a provisional version thereof;
  5. a copy of a valid proof of identification if the applicant is a natural person; the Crossroads Bank for Enterprises identification number or, in the absence thereof, an extract from a trade register or an equivalent document if the applicant is a legal person;
  6. a written declaration by all project participants confirming that the applicant will be added to the list of project participants in the project design document, if the applicant is not included as a project participant in the project design document.

Hydroelectric project activities exceeding 20 MW

In conformity with the provision in article 32quater, §3 of the 12 January 2007 Flemish government Decree, a compliance report assessing application of article 11 b (6) of Directive 2003/87/EC as amended by Directive 2004/101/EC should be submitted additionally with the application for approval.

The Compliance Report should be validated by a Designated Operational Entity (DOE) or an Accredited Independent Entity (AIE) licensed for that particular Sectoral Scope.

The final decision on whether the project complies with Article 11 b (6) is taken by the advisory commission (see further on “Application handling process”).

For more information with regard to this compliance report please refer to the Guidelines on a common understanding of Article 11b (6) of Directive 2003/87/EC as amended by Directive 2004/101/EC and the website of the European Commission.

Application handling process

  • An advisory commission first examines if the application for approval of a project activity is complete. When the application for approval is considered incomplete the applicant receives written confirmation thereof within fourteen calendar days after receipt of the application for approval, mentioning the information or data missing or needing further explanation. The applicant must then complete the application for approval within an additional period of fourteen calendar days. If the applicant does not complete the application within that period, the Flemish Minister for the Environment notifies the reasoned negative decision in writing to the applicant within a period of four months following receipt of the application for approval of a project activity.
  • The advisory commission subsequently examines whether the application for approval of a project activity meets the approval criteria. In order to ensure adequate assessment the advisory commission may request additional information from the applicant in writing. This request for additional information specifies the nature of the required information, the way in which it must be supplied as well as the period within which it must be supplied. The advisory commission may also demand that the supplied information be subject to independent verification. The commission may impose conditions which the verification and the person in charge of it must meet.
  • Within a period three months following receipt of the application for approval of a project activity the advisory commission issues a reasoned opinion based on the assessment criteria.
  • Within a period of four months following receipt of the application for approval of a project activity the Flemish Minister for the Environment approves or rejects the project activity.
  • After ratification of the approval decision of a project activity by the focal point or the designated national authority the Flemish Minister for the Environment notifies his decision to the applicant.

Assessment criteria

The decision on an application for approval of a project activity is positive only if:

  1. the application for approval meets the relevant rules with regard to the application for approval of a project activity, the information to be supplied with the application and the documents to be submitted;
  2. participation in the project activity meets the approval criteria;
  3. the applicant has satisfactorily complied with a request for additional information, if any, within the fixed term.

Calculation of time limits

For the purpose of calculating the time limits of three months (advisory commission reasoned opinion) and four months (decision of the Flemish Minister for the Environment) respectively, the following periods are not considered:

  1. the first period of fourteen calendar days if the application is incomplete;
  2. each period between a request for additional information and receipt of the additional information