The 6th reform of the State

Brussels Environment has had new areas of competence since 1 July 2014

Further to the most recent reform of the State, which transferred new areas of competences to the Regions, Brussels Environment will gradually take on the main responsibility for managing three new areas of competence:

• animal welfare;
• waste transiting; and
• climate accountability.

In two other areas - water policy and energy policy – the institute will be involved in drawing up new regional procedures (water prices and electricity and gas distribution rates).

Alongside this direct impact on matters relating to the environment and energy, the sixth reform of the State will also regionalise other areas of competence, which will have an indirect impact on the activities of Brussels Environment: in particular, this comprises the regionalisation of the Crisis Centre, the Disaster Fund, tax reductions and credits, criminal prosecutions, access to the profession and the conditions for establishment, leases, etc.

Below is a summary of the new regional areas of competences which will impact most on the activities of Brussels Environment:

Animal welfare

This area of competence affects four categories of animals:

• production livestock (agriculture);
• pets (cats, dogs and 'new pets’ such as reptiles and ferrets);
• laboratory/research animals;
• wild animals held in captivity (circuses, zoos).

The following tasks have been entrusted to Brussels Environment:

• standardisation: drawing up policies and texts in the field of animal welfare, political support, follow-up at European and international level, settling disputes, supporting advisory bodies, etc.;
• inspection: monitoring compliance with animal welfare regulations (in collaboration with the FASFA - Federal Agency for the Safety of the Food Chain - for production livestock), confiscations, dealing with confiscated animals, approvals, complaints, etc.

The climate accountability mechanism

The climate accountability mechanism will define a multi-annual path to be followed by each region to reduce greenhouse gas emissions in the building sector. If a region exceeds its assigned goal, it receives a financial bonus. If it fails to achieve its goal, it pays a financial penalty. This mechanism is organised by the new climate accountability mechanism act and the new special financing act.

Brussels Environment, with the help of the Federal Planning Bureau, will be asked to do the calculations and assess the goals for the Brussels Region. To reach these goals, the Region will also need to be able to count on the implementation of effective policies in the field of transport, land management and planning, the construction sector, education programmes, etc.

Waste transiting

Waste transiting concerns the transfer of waste via one or more countries other than the country of origin or destination. For the region, it involves processing notification requests (approving or refusing requests) and monitoring the transit of all waste (following up transport documents, waste processing, etc). The transfer of areas of competence does not cover nuclear waste and only concerns the environmental aspects of transiting, as the federal authority retains its general monitoring competence (police, customs).

Fund for the reduction of the global energy cost (FRCE/FRGE)

The FRCE/FRGE is a mechanism whereby “local entities” can offer residents limited, short-term loans (a maximum of five years) at a reduced rate to finance energy-saving projects. The FRCE/FRGE also contributes towards the operating costs of local entities by granting a fixed amount per dossier, based on the degree of support and the public concerned. Particular attention is paid to the most destitute members of society.

This area of competence has been entrusted to Brussels Environment. However, the organisation of the practical management of this fund and current credit facilities is still under discussion in the Brussels-Capital Region.

Monitoring water prices

Operators can only modify the price of water subject to the approval of a government authority. This authority can, in particular, set a maximum price and maximum profit margins. Prices are monitored with a view to protecting consumers and the most vulnerable members of society.

Electricity and gas distribution rates

This area of competence concerns setting gas and electricity distribution rates in general terms (with certain exceptions for electricity grids). This involves monitoring the prices charged by the distribution operator (and not the final price charged to the consumer, which includes the supplier’s margin, among other things).

This area of competence will be exercised mainly by BRUGEL, as the regional regulating authority charged with the task of setting or approving distribution rates. The new rates had to be set during the course of the year 2014 in order to be applied as of 1 January 2015.