In Belgium the division of competences in relation to the approval of project activities is laid down in the cooperation agreement between the federal government, the Walloon Region, the Flemish Region and the Brussels Capital Region on the implementation of certain Kyoto Protocol provisions, concluded in Brussels on 19 February 2007.
Focal Point/Designated National Authority
For Belgium the National Climate Commission was appointed as focal point and designated national authority. In this function it is bound by the decisions of administrative and technical nature for which the competent regional and federal authorities approve the project activities.
Division of competences for the approval of project activities
Article 5 of the cooperation agreement sets out the cases in which project activities are approved by the regions or by the federal government. The project activities which are not included in this shall be approved within the National Climate Commission, as mentioned under Article 7.
Project activities within the competence of a region or the federal government
A region approves the following project activities:
- each project activity entirely or partially financed by that region or by a province or a municipality located within its territory;
- each project activity from which that region seeks to derive Kyoto units;
- each CDM or JI project activity for which an application for approval is submitted by a natural person residing in the region concerned or by a legal person with an operating unit in that region;
- each project activity conducted on the territory of that region.
The federal government approves all project activities from which it derives Kyoto units.
If according to the above-mentioned criteria a project activity simultaneously falls within the competence of several regions or of one or more regions and the federal government, it shall be treated by the authority to which the application for approval was submitted, after consultation with the other competent authorities involved. If the project activity is to be conducted on the territory of a region, the application for approval shall at all times be submitted to and treated by the region concerned.
Project activities within the competence of the National Climate Commission
Each project activity not falling within the competence of a region or the federal government in accordance with Article 5 shall fall within the competence of the National Climate Commission.