THE CDM PROJECT APPROVAL PROCESS FOR BELIZE

This presentation will probably involve audience discussion, which will create action items. Use PowerPoint to keep track of these action items during your presentation • In Slide Show, click on the right mouse button • Select “Meeting Minder” • Select the “Action Items” tab • Type in action items as they come up • Click OK to dismiss this box • This will automatically create an Action Item slide at the end of your presentation with your points entered. THE CDM PROJECT APPROVAL PROCESS FOR BELIZE Presented to the Capacity Building Workshop on the Implementation of the Clean Development Mechanism for Private Sector Officials and Stakeholders in Belize by Joseph McGann CDM Consultant Ministry of Natural Resources and the Environment

Ministry of Natural Resources and the Environment BELIZE CDM Capacity Building Workshop for Private Sector Officials and Stakeholders, Belize City, August 17, 2011

THE CDM PROJECT APPROVAL PROCEDURES

PROCEDURE FOR APPROVAL OF CDM PROJECTS Complete prescribed application form and PIN/PDD Validation or provisional validation of PDD or PIN by DOE Application for Project Approval from PP Documents not ok DNA confirms receipt of PP within 10 days Application Received by DNA Initial Review Documents ok Project Not Approved by DNA Review by TAC Full Evaluation PP Appeals DNA Decision to Minister Project Approved by DNA

VALIDATION OF CDM PROJECTS • Any person who wishes to apply for approval of a CDM project must, before making such application, identify and select, as contemplated in paragraph 37 of the Annex to the Decision, a Designated Operational Entity to validate the proposed project as contemplated in para. 35 of the Annex to the Decision. CDM Capacity Building Workshop for Private Sector Officials and Stakeholders, Belize City, August 17, 2011

VALIDATION OF CDM PROJECTS • The Designated Operational Entity referred to in paragraph 7 of these Regulations, may provide validation or provisional validation of the CDM project, as the case may be, and the proponent must attach at least a draft validated project design document to the application for approval. CDM Capacity Building Workshop for Private Sector Officials and Stakeholders, Belize City, August 17, 2011

CDM PROJECT APPROVAL PROCEDURES • APPLICATION FOR APPROVAL • Should be made on the prescribed application forms for PIN (Fifth Schedule) and PDD (Fourth Schedule) • Completed or draft PDD as validated or provisionally validated by the DOE must accompany application (Regulation 7) CDM Capacity Building Workshop for Private Sector Officials and Stakeholders, Belize City, August 17, 2011

CDM PROJECT APPROVAL PROCEDURES • APPLICATION FOR APPROVAL • The Designated National Authority must issue a formal letter acknowledging receipt of the application within ten (10) working days of initial receipt (Regulation 8.1.a) CDM Capacity Building Workshop for Private Sector Officials and Stakeholders, Belize City, August 17, 2011

CDM PROJECT APPROVAL PROCEDURES • Initial Evaluation (Reg. 8.1.b, 8.1.c) • The Designated National Authority shall conduct an initial evaluation of the application generally against all rules that apply • The Designated National Authority may refer the application back to the Project Proponent for further information, documentation, or action • The Project Proponent must resubmit the complete application package CDM Capacity Building Workshop for Private Sector Officials and Stakeholders, Belize City, August 17, 2011

CDM PROJECT APPROVAL PROCEDURES • EIA REQUIREMENTS (Reg. 7.4.c) • If the Project is required to complete an EIA, no Approval may be finally granted until all procedures and requirements as specified in the Environmental Protection Act Chapter 328 (Revised Edition of 2000) and as amended have been complied with in respect of the Project CDM Capacity Building Workshop for Private Sector Officials and Stakeholders, Belize City, August 17, 2011

CDM PROJECT APPROVAL PROCEDURES • EIA REQUIREMENTS (Reg. 8.2.a/b) • For applications which did not go through a formal EIA public scrutiny process, the Designated National Authority shall post the submitted PIN and PDD on its website within ten (10) working days of receipt, and at a minimum, twice publish notices in at least two national newspapers and on at least two television stations within Belize CDM Capacity Building Workshop for Private Sector Officials and Stakeholders, Belize City, August 17, 2011

CDM PROJECT APPROVAL PROCEDURES • EIA REQUIREMENTS (Reg. 8.2.b) • The purpose of such public notices shall be to solicit comments on the proposal, which should be received within a period of thirty (30) working days from the last date of publication CDM Capacity Building Workshop for Private Sector Officials and Stakeholders, Belize City, August 17, 2011

CDM PROJECT APPROVAL PROCEDURES • FULL EVALUATION OF PROPOSALS (Reg. 8.1.d) • On conclusion of the period of public comment, the Designated National Authority shall commence the full evaluation of the Project on the basis of the application documents and any comments received from public stakeholders, as tested against the sustainable development criteria outlined in these regulations CDM Capacity Building Workshop for Private Sector Officials and Stakeholders, Belize City, August 17, 2011

CDM PROJECT APPROVAL PROCEDURES • FULL EVALUATION OF PROPOSALS • If public scrutiny was not required due to the fact that a formal EIA process had been completed previously, the Designated National Authority shall immediately commence with the full evaluation of the Project Proponent’s application CDM Capacity Building Workshop for Private Sector Officials and Stakeholders, Belize City, August 17, 2011

CDM PROJECT APPROVAL PROCEDURES • FULL EVALUATION OF PROPOSALS • The Designated National Authority reserves the right to request supplemental information as deemed reasonable from Project Proponents in order to validate the accuracy of the information submitted CDM Capacity Building Workshop for Private Sector Officials and Stakeholders, Belize City, August 17, 2011

CDM PROJECT APPROVAL PROCEDURES • FULL EVALUATION OF PROPOSALS • The Designated National Authority may request technical advice from such experts as it may wish to consult during the process of project evaluation, including the hiring of consultants to undertake site visits, if and when necessary CDM Capacity Building Workshop for Private Sector Officials and Stakeholders, Belize City, August 17, 2011

CDM PROJECT APPROVAL PROCEDURES • FULL EVALUATION OF PROPOSALS (Regulations 5 and 6) • For the purposes of the evaluation, the Designated National Authority shall convene the Advisory Committee • The Advisory Committee shall consider the Approval of the Application against the rules under these Regulations, and make a recommendation as to whether the Project should be approved or not CDM Capacity Building Workshop for Private Sector Officials and Stakeholders, Belize City, August 17, 2011

CDM PROJECT APPROVAL PROCEDURES • FULL EVALUATION OF PROPOSALS (Regulation 8.1.e) • Taking into consideration the recommendation of the Advisory Committee, the Chief Executive Officer, acting in the capacity of the Designated National Authority shall issue the final decision on the Approval or non-Approval of the Project CDM Capacity Building Workshop for Private Sector Officials and Stakeholders, Belize City, August 17, 2011

CDM PROJECT APPROVAL PROCEDURES • FULL EVALUATION OF PROPOSALS (Regulation 8.4) • The decision (in the form of the Letter of Approval/Refusal) shall be issued within forty-five (45) days after public scrutiny (if required) or within forty-five (45) working days after the receipt of the recommendation from the Advisory Committee CDM Capacity Building Workshop for Private Sector Officials and Stakeholders, Belize City, August 17, 2011

CDM PROJECT APPROVAL PROCEDURES • FULL EVALUATION OF PROPOSALS (Regulation 9.1 and 2) • If a Project is judged to be contrary to the spirit of the Kyoto Protocol or to the intention of stated government policy or the laws of Belize, then the Designated National Authority reserves the right to refuse Approval until suitable alterations are made to the Project design to ensure that it is aligned with the KP, national policy and law CDM Capacity Building Workshop for Private Sector Officials and Stakeholders, Belize City, August 17, 2011

CDM PROJECT APPROVAL PROCEDURES • FULL EVALUATION OF PROPOSALS (Regulation 9.1) • In such instances where Approval is not granted, the Designated National Authority shall provide clear reasons in writing for the rejection of a Project to the Project Proponent CDM Capacity Building Workshop for Private Sector Officials and Stakeholders, Belize City, August 17, 2011

CDM PROJECT APPROVAL PROCEDURES • FULL EVALUATION OF PROPOSALS • Letters of Approval shall be signed by the Designated National Authority and sent to the Project Proponent as an official answer to its request for Approval. The letter must be in the prescribed format contained in these Regulations (Second Schedule) CDM Capacity Building Workshop for Private Sector Officials and Stakeholders, Belize City, August 17, 2011

LETTER OF APPROVAL Letter of Approval To the CDM Project Proponent(s) RE: CDM Project/ Executive Board ref………………… The name, address and telephone number and other contact details of the Project Participant Description of the area occupied by the Project The above Clean Development Mechanism project has been approved by the Designated National Authority of Belize. This certifies further that: • Belize is a signatory to the Kyoto Protocol; • The Designated National Authority is authorised under the Environmental Protection Act No. 22 of 1995, Regulations Approved under Statutory Instrument No. xx of 2010 to issue Clean Development Mechanism Project letters of Approval; • The participation of Belize in the Project is voluntary; • It is confirmed that the Project activity assists in supporting sustainable development in Belize; • It is confirmed that the Project activity complies with the laws of Belize; • The Project Proponent is authorised to participate in the CDM Project; • The Project Proponent is authorised to sell, transfer or cede the title and all rights to the greenhouse gas emission reductions generated by the CDM Project; Yours truly, ………………………………………….................................. Chief Executive Officer and Designated National Authority Ministry of Natural Resources and the Environment DESIGNATED NATIONAL AUTHORITY OF BELIZE CDM Capacity Building Workshop for Private Sector Officials and Stakeholders, Belize City, August 17, 2011

CDM PROJECT APPROVAL PROCEDURES • RIGHT OF APPEAL TO THE DNA DECISION (Regulation 10.1) • A Project Proponent shall have the right to appeal a negative final decision taken by the Designated National Authority. • The appeal must be in writing together with a motivation or reason for appeal, and addressed to the Minister. CDM Capacity Building Workshop for Private Sector Officials and Stakeholders, Belize City, August 17, 2011

CDM PROJECT APPROVAL PROCEDURES • RIGHT OF APPEAL TO THE DNA DECISION (Regulation 10.1 and 2) • The appeal must be made within forty-five (45) working days of the date of the Letter of Refusal to Approve the Project application • The Minister shall assess the decision taken by the Designated National Authority and determine solely whether it has been made in accordance with the Regulations CDM Capacity Building Workshop for Private Sector Officials and Stakeholders, Belize City, August 17, 2011

CDM PROJECT APPROVAL PROCEDURES • RIGHT OF APPEAL TO THE DNA DECISION (Regulation 10.2) • The Minister shall notify the Project Proponent of his/her decision within forty-five (45) working days from receipt of the appeal • The decision of the Minister on the appeal shall be final and not subject to further appeals by the Project Proponent within the CDM process CDM Capacity Building Workshop for Private Sector Officials and Stakeholders, Belize City, August 17, 2011

PROTECTION OF THE DNA AND THE COSTS OF EVALUATION OF CDM PROJECTS

PROTECTION OF THE DNA • The DNA, the Advisory Committee or any persons performing a function delegated by the DNA shall not be personally liable for any damage or loss arising out of any act or omission, if the act or omission was made in good faith in the course of the implementation of these regulations. (Regulation 12) CDM Capacity Building Workshop for Private Sector Officials and Stakeholders, Belize City, August 17, 2011

FINANCING THE CDM PROJECT APPROVAL PROCESS • All direct costs associated with the review, evaluation and approval of submitted CDM projects to the Designated National Authority shall be borne by the respective Project Proponent (Regulation 11) CDM Capacity Building Workshop for Private Sector Officials and Stakeholders, Belize City, August 17, 2011

THANK YOU CDM Capacity Building Workshop for Private Sector Officials and Stakeholders, Belize City, August 17, 2011

THE CDM PROJECT APPROVAL PROCESS FOR BELIZE