The regulatory framework for the Flemish approval procedure is laid down in chapters 10 and 11 of the 20 April 2012 Flemish Government Decree on greenhouse gas emission allowances for fixed installations and the use of the Kyoto Protocol flexibility mechanisms.
When a private or public entity participates in a project activity, it must adhere to a number of criteria:
- A private or public organization 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 organization ensures that the project activity results in:
- real and measurable long-term benefits in relation to climate change mitigation;
- greenhouse emission reductions amounting to an extra reduction in comparison with the situation which would have resulted without the proposed project activity;
- the transfer of eco-friendly and eco-safe technology and know-how.
- The private or public organization 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.
- A private or public organization 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.
- A private or public organization 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.
How to submit an application for approval?
In the Ministerial Order on the submission of an application for approval of a CDM or JI project activity, further rules were set out in relation to the application for approval of a project activity, the information to be supplied in the application and the documents to be submitted. The documents that need to be included in an application for approval can be consulted below:
The documents need to 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 must be enclosed.
An application for approval of a project activity shall be submitted in both electronic (e-mail) and written form to:
Department of Environment, Nature and Energy
Air, Nuisance, Risk Management, Environment and Health Division
t.a.v. Annemie Neyens
Koning Albert II-laan 20 bus 8
Procedure for processing applications for approval
- 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 (JI) or the designated national authority (CDM) the Flemish Minister for the Environment notifies his decision to the applicant.