the cdm project approval procedures - ACP

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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
2
THE CDM PROJECT
APPROVAL
PROCEDURES
PROCEDURE FOR APPROVAL OF CDM PROJECTS
Complete prescribed application
form and PIN/PDD
Documents not
ok
Application for Project
Approval from PP
Application Received
by DNA
Validation or provisional
validation of PDD or PIN by DOE
DNA confirms
receipt of PP
within 10 days
Initial
Review
Documents ok
Project Not
Approved by
DNA
Full
Evaluation
PP Appeals DNA
Decision to
Minister
Project
Approved by
DNA
Review by TAC
4
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
5
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
6
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
7
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
8
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
9
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
10
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
11
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
12
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
13
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
14
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
15
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
16
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,
17
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
18
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 fortyfive (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
19
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
CDM Capacity Building Workshop for
and law Private
Sector Officials and Stakeholders,
Belize City, August 17, 2011
20
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
21
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
22
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
23
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
24
CDM PROJECT APPROVAL
PROCEDURES
RIGHT OF APPEAL TO THE DNA
DECISION (Regulation 10.1 and 2)
The appeal must be made within fortyfive (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
25
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
26
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
28
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
29
CDM Capacity Building Workshop for
Private Sector Officials and Stakeholders,
Belize City, August 17, 2011
30
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