THIRD BELGIAN JI/CDM TENDER

Transcription

1 CALL FOR EXPRESSIONS OF INTEREST OF THE THIRD BELGIAN JI/CDM TENDER JANUARY 2009 CALL: BE/JICDM/0901

2 2 EXECUTIVE SUMMARY OF THE 3RD JI/CDM BELGIUM TENDER Under the Kyoto Protocol, beside its commitment to tackle GHG emissions on its national territory, the Belgian State intends to acquire 12.3 million tons of carbon credits generated by JI and CDM projects. A JI/CDM program was therefore implemented, under which the Belgian State decided to launch a 3rd tender, to acquire carbon credits. Objective and budget The ultimate goal of the 3rd Belgian JI/CDM tender is to purchase 50 million euros worth of Carbon Credits generated by JI and CDM project activities, valid for compliance under the Kyoto Protocol. Additional funds to this budget may be released at the Belgian State s own discretion. Each candidate can therefore offer carbon credits generated by one or more JI/CDM projects before the end of 2012 to the Belgian State, for a fixed total amount of minimum 7 and maximum 30 million euros (VAT and all taxes included). Types of projects This tender intends to favour portfolio of projects that contribute to the sustainable development of host parties. Accordingly, some types of project activities are not eligible and an evaluation of the sustainability will be conducted under the second phase if the candidate submits the optional Sustainability Analysis (see below). The Belgian States intends to purchase CERs from CDM projects and ERUs from Track Two JI projects, and is particularly interested in attracting energy efficiency and renewable energy projects (including sustainable biomass). However, all JI/CDM projects that fulfil the Kyoto rules are eligible, with the exception of: Land use, land use change and forestry projects Large Hydro Projects (>20 MW) Incineration of HFC23 waste streams Catalytic destruction or reduction of N 2 O A two-stage procedure The 3rd Belgian tender is conducted pursuant to EU negotiated procedure with prior publication of a tender notice (Directive 2004/18/EC), which implies a two-stage procedure as follows: 1. UNDER THE FIRST PHASE, Candidates are invited to submit an EXPRESSION OF INTER- EST and the Contracting Authority assesses the suitability of the Candidate as a supplier of CERs/ERUs. The main items to be provided under this phase are: A covering letter where the Candidate expresses his interest to sell CERs/ERUs generated by eligible project activities; Extract from a professional register or trade register (issued in 2008 or in 2009), or equivalent document; Annual reports, annual accounts, balance sheets and profit and loss accounts from the past three years.

3 With those documents, the Contracting Authority examines whether the Candidate does not find himself in a case of exclusion, fulfils the obligation of registration and assesses the Candidate s financial and economic standing based, amongst other things, on the total equity, the solvency, and the stable positive development of turnover and profits and the credit rating of the Candidate UNDER THE SECOND PHASE, a maximum of 20 Candidates selected from the first phase are invited to submit a complete PROPOSAL which includes the following items: a Cover letter with the financial offer; i.e. the total amount in euros of carbon credits offered to the Belgian State by 2012 and the Acquisition Price. (The Acquisition Price per carbon credit shall be a percentage of the numeric average of the secondary CER OTC assessment for the period , calculated based on the closing bid price of Point Carbon, for the 30 days following the signature of the Sale Agreement); a Delivery Schedule with the percentage of carbon credits to be delivered each year; a Sustainability Analysis (optional) of each of the projects included in the portfolio. Complete proposals will be evaluated by the Contracting Authority according to the Acquisition Price and the Sustainability (which are the award criteria of the tender). Indeed, in order to encourage Proposals which present a portfolio of sustainable projects, a bonus shall be attributed to proposals with high sustainability scores. The Acquisition Price will therefore be reduced by 5% if the sustainability score of the portfolio is higher or equal to 60%, and will be reduced by 7,5% if the sustainability score is higher than 80%. 3. AWARDING OF THE CONTRACT. Successful Candidates from the second phase will then be invited for contract negotiations with a view to signing a SALE AGREEMENT with the Belgian State. Indicative time schedule The Contracting Authority guarantees a quick decision regarding the selection of the Candidates, i.e. about 7 weeks after the receipt of a complete Expression of Interest and regarding the invitation of the Tenderers for Sale Agreement negotiations, i.e. about 4 weeks after the receipt of a complete Proposal, which gives the following indicative time schedule: Step 1 Submission of Expression of Interest 25 February 2009 Step 2 Selection as a Candidate and invitation to submit a proposal About 7 weeks after receipt of a complete Expression of Interest Step 3 Submission of Proposal 13 May 2009 Step 4 Invitation for Sale Agreement negotiationplete About 4 weeks after receipt of a com- Proposal More information? Visit: Contact the JI/CDM team of the Climate Change Section of the Belgian federal administration via jicdmtender@health.fgov.be or by phone: Olivier Kassi (English and French): Jan Meuleman (English and Dutch):

4 4 TABLE OF CONTENTS Table of contents Table of contents EXECUTIVE SUMMARYOF THE 3RD JI/CDM BELGIUM TENDER 2 Objective and budget 2 Types of projects 2 A two-stage procedure 2 Indicative time schedule 3 1. THE BELGIAN FEDERAL JI/CDM PROGRAM 5 2. SCOPE AND GOAL OF THE THIRD JI/CDM TENDER Carbon Credits to be purchased Type of projects Budget and purchase volume Quality of projects 6 3. PROCUREMENT PROCEDURE 7 The two-stage procedure 7 A flexible and efficient approach 7 4. TIME SCHEDULE FOR THE WHOLE PROCEDURE 8 5. THE FIRST PHASE (EXPRESSION OF INTEREST PHASE) Opening and deadlines Who can be a Candidate? Criteria for participating in the 3rd Tender Items to be delivered with the Expression of Interest Submission of the Expression of Interest Selection of Candidates Number of Candidates to be invited to submit a proposal Reimbursement / liability THE SECOND PHASE (PROPOSAL PHASE) AND AWARDING OF THE CONTRACT MISCELLANEOUS Communication Right to cancel, amend or interrupt the procurement process Governing law 15 APPENDICES: Appendix 1: Template for the Covering Letter 17 Appendix 2: Definitions 18 List of Tables Table 1: Time schedule for the whole procedure 8 Table 2: Items to be delivered with the Expression of Interest 11 Table 3: Deadline for submission of Expression of Interest 12

5 1. THE BELGIAN FEDERAL JI/CDM PROGRAM 1. THE BELGIAN FEDERAL JI/CDM PROGRAM Under the Belgian internal burden-sharing agreement, the Federal Government is committed to taking a number of domestic measures to cut greenhouse gas emissions on the national territory and, as a supplement to domestic actions, to acquire 12.3 million tons of Carbon Credits generated preferentially by Joint Implementation (JI) and Clean Development Mechanism (CDM) projects for the period In order to reach this objective, a federal JI/CDM program was set up. As part of this program, the federal Council of Ministers decided to launch a third JI/CDM tender. DG Environment, of the Federal Public Service of Health, Food Chain Safety and Environment, is in charge of setting up this third tender. 1. THE BELGIAN FEDERAL JI/CDM PROGRAM 5 2. SCOPE AND GOAL OF THE THIRD JI/CDM TENDER 2. SCOPE AND GOAL OF THE THIRD JI/CDM TENDER The ultimate goal of the third Belgian JI/CDM tender is to purchase for 50 million Euros (all taxes and VAT included) worth of Carbon Credits generated by JI and CDM project activities valid for compliance purposes under the Kyoto Protocol by the end of Additional funds to this budget may be released at the Belgian State s own discretion Carbon Credits to be purchased Contracting Authority will purchase: CERs generated by CDM projects, as prescribed under the Kyoto Protocol; ERUs generated by Track Two JI projects after 1 January 2008, as prescribed under the Kyoto Protocol Type of projects The third Belgian JI/CDM tender intends to favour portfolio of projects that contribute to the sustainable development of host parties. Accordingly, some types of project activities are not eligible and an evaluation of the sustainability will be conducted under the second phase if the candidate submits the optional Sustainability Analysis (see below). The following eligibility requirements regarding the CDM and JI project activities and host countries will be taken into account in the second phase. Eligible type of JI/CDM project activities The JI/CDM project activities: Reduces emissions of any of the greenhouse gases listed in the Kyoto Protocol: CO 2, CH 4, N 2 O, HFCs, PFCs, SF 6 ; Generates ERUs/CERs in the period The JI/CDM project activities are not: Land use, land use change or forestry projects; Nuclear energy projects; Large Hydro Projects (>20 MW);

6 6 2. SCOPE AND GOAL OF THE THIRD JI/CDM TENDER Incineration of HFC23 waste streams; Catalytic destruction or reduction of N 2 O. Moreover: The CDM project activities use a baseline and monitoring methodology approved by the CDM EB; The JI project activities follow the JI Track Two procedure (i.e. under verification of the JI Supervisory Committee). Eligible countries The proposed CDM project activities are implemented in host countries that: Are a Party to the UNFCCC and are not included in Annex I to the UNFCCC; Have ratified the Kyoto Protocol; Have established a Designated National Authority or have authorized an institution to be in charge of respective tasks or has such a project well under way. The proposed JI project activities are implemented in host countries that: Are Parties to the UNFCCC and are included in Annex I to the UNFCCC; Have ratified the Kyoto Protocol; Have established a designated Focal Point or have authorized an institution being in charge of respective tasks or has such project well under way Budget and purchase volume This third tender has an initial budget of 50 million Euros for the purchasing of Carbon Credits [ERUs/CERs] from both JI and CDM projects. The Contracting Authority may, if the Belgian Sate decides to do so at its own discretion, release additional funds to this budget. Candidates have to offer Carbon Credits [ERUs/CERs] generated by one or more JI/CDM projects before the end of 2012 to the Belgian State for a fixed total amount of minimum 7 million Euros and maximum 30 million Euros (VAT and all taxes included) Quality of projects The third Belgian tender intends to favour purchasing of Carbon Credits from portfolios of projects that contribute to the sustainable development of host parties. An evaluation of this optional criterion will be conducted under the second phase (see 6. Proposal Phase ).

7 3. PROCUREMENT PROCEDURE 3. PROCUREMENT PROCEDURE The third Belgian tender is conducted pursuant to EU negotiated procedure with prior publication of a tender notice as defined by EU Directive 2004/18/EC, and as implemented by Belgian law. This tender will be executed following a two-stage procedure that offers maximum flexibility, as explained below. 3. PROCUREMENT PROCEDURE 7 The two-stage procedure: First phase (Expression of Interest phase): During the first phase of the procedure, Candidates are invited to express their interest in selling Carbon Credits [CERs/ERUs] for an amount between 7 and 30 millions Euros (all taxes and VAT included). They also have to justify their financial and economic capacity to deliver these CERs/ERUs. The Contracting Authority will assess the suitability of the Candidates based on the Expression of Interest. Second phase (Proposal phase): Candidates that are selected from the first phase (the maximum number of selected candidates is twenty) will be invited to submit a complete proposal under the second phase. All submitted proposals will be assessed according to the award criteria. The evaluation will be based on the documents received, but the Contracting Authority also reserves the right to seek further clarification, including through site visits. Successful Tenderers from the second phase will then be invited for contract negotiations with a view to signing Sale Agreement between the Tenderer and the Contracting Authority. A flexible and efficient approach The Contracting Authority guarantees a quick decision regarding the selection of the Candidate, i.e. about 7 weeks after the receipt of a complete Expression of Interest under the first phase and regarding the invitation of the Tenderers for Sale Agreement negotiations, i.e. about 4 weeks after the receipt of a complete proposal under the second phase (see also 4 below). The selected Tenderer will be invited for Sale Agreement-negotiations as soon as its proposal receives a positive evaluation based on the award criteria (see also 6.).

8 8 4. TIME SCHEDULE FOR THE WHOLE PROCEDURE 4. TIME SCHEDULE FOR THE WHOLE PROCEDURE 4. TIME SCHEDULE FOR THE WHOLE PROCEDURE Table 1 gives an indicative time schedule for the whole procedure of the third tender. Table 1: time schedule for the whole procedure Item Step Timing 1 Submission of Expression of Interest 25 February Selection as a Candidate and invitation to submit a proposal 3 Submission of proposal 13 May Invitation for Sale Agreement-negotiations (if the proposal received a positive evaluation according to the award criteria)) About 7 weeks after receipt of a complete Expression of Interest 1 About 4 weeks after receipt of a complete proposal 2 5. THE FIRST PHASE (EXPRESSION OF INTEREST PHASE) 5. THE FIRST PHASE (EXPRESSION OF INTEREST PHASE) 5.1. Opening and deadlines This Call for Expression of Interest of the third Belgian JI/CDM tender was opened on [15 January 2009] and will close on [25 February 2009]. An Expression of Interest under this Call can be submitted by the following deadline, using the procedure explained under item 5.6.: [25 February 2009] Who can be a Candidate? A Candidate can be any company offering/selling Carbon Credits from eligible project activities Criteria for participating in the 3rd Tender Under the first phase of the tender, Candidates express their interest in selling Carbon Credits [CERs/ERUs] and the Contracting Authority will assess the suitability of the Candidate as a supplier of CERs/ERUs. Candidates will be assessed according to the following criteria, as explained below: Exclusion criteria Registration Financial and economic standing 1 A complete Expression of Interest means that any missing documents or information requested by the Contracting Authority have been received and that the candidate has been notified that his Expression of Interest is complete. 2 A complete proposal means that any missing documents or information requested by the Contracting Authority have been received and that the Candidate has been notified that his proposal is complete.

9 The first two criteria are accept/reject criteria (meaning that Candidates who do not fulfil these criteria may not be selected). The last criterion requires qualitative assessment. Exclusion criteria The Candidate who does not fulfil the exclusion criteria, as provided for in Article 69 of the Royal Decree of 8 January 1996 on public contracts for contracting of works, supplies and services and concessions for public works, may be excluded from further consideration. Implicit solemn declaration on exclusion criteria (Circular 23/4/07 Administrative simplification (BS 27/4/07)) By taking part in this public contract award procedure, the Candidate declares that it does not fall under any of the cases of exclusion cited in Article 69 of the Royal Decree of 8 January 1996 on public contracts for contracting of works, supplies and services and concessions for public works. Submitting untrue declarations may lead to the exclusion of the Candidate and may result in criminal prosecution. Prior to making the award decision, the Contracting Authority will verify the accuracy of the solemn declaration in respect of the company. To this end, it shall ask the given candidates, using the fastest means possible and within the set deadline, to provide the information or documents that enable its personal situation to be checked. A candidate or Contractor can be excluded from participation in a contract if a review reveals that the solemn declaration does not correspond to its personal situation on the deadline for receipt of applications for participation. Ex post facto regularisation is not possible. Such exclusion is also possible if, during the course of the procedure, it is revealed that the personal situation of the candidate or Contractor no longer corresponds to the solemn declaration. 5. THE FIRST PHASE (EXPRESSION OF INTEREST PHASE) 9 First exclusion criterion.1. The Belgian candidate, which employs staff subject to the law of 27 June 1969 reviewing the decree-law of 28 December 1944 relating to employees social security, must be in order with regard to its obligations towards the National Social Security Authorities. It shall be deemed to comply with the aforementioned obligations if at the latest on the day prior to the deadline for receiving proposals: 1 it has submitted all returns to the National Social Security Authorities required on this date, including those relating to the penultimate calendar quarter in relation to the deadline for receiving proposals, and 2 it does not owe more than 2,500 in contributions in relation to these returns, unless it has been granted payment terms for such outstanding amount which it strictly complies with. However, even if the outstanding amount exceeds 2,500, the candidate shall be considered to be in order if it establishes, prior to the decision to award the contract, that it holds, at the latest on the day before the deadline for receiving proposals, towards an awarding authority within the meaning of Article 4, 1 and 2, 1 to 8 and 10 of the Law of 24 December 1993, or a state-owned company within the meaning of Article 26 of the same law, one or more certain, due accounts receivables free from any undertakings towards a third party amounting to at least, to the nearest 2,500, the amount of its contributions for which payment is late.

10 10 5. THE FIRST PHASE (EXPRESSION OF INTEREST PHASE) 2. A foreigner Candidate at the latest on the day before the deadline for receiving the proposals: 1 complies with its obligations relating to paying social security contributions in accordance with statutory provisions in the country where it is established. 2 complies with the provisions of paragraph 1, if it employs staff subject to the law of 27 June 1969 reviewing the decree-law of 28 December 1944 relating to employees social security contributions. 3. At any stage of the proceedings, the awarding authority may obtain information, using any means that it deems appropriate, regarding any Tenderer s status with regard to the payment of social security contributions. Second exclusion criterion* A Candidate will be excluded from participation if he: (a) is bankrupt or is being wound up, whose affairs are being administered by the court, he has entered into an arrangement with creditors or is in any analogous situation arising from a similar procedure under national laws and regulations; (b) is the subject of proceedings for a declaration of bankruptcy, for an order for compulsory winding-up or administration by the court or for an arrangement with creditors or any other similar proceedings under national laws or regulations; (c) has been convicted of an offence concerning his professional conduct by a judgment which has the force of res judicata; (d) has not fulfilled obligations relating to the payment of social security contributions in accordance with the legal provisions of Belgium or the country in which he is established; (e) has not fulfilled obligations relating to the payment of taxes in accordance with Belgian legislation or with the legal provisions of the country where he is established; (f) has been found guilty of grave professional misconduct proven by any means which the contracting authorities can justify; (g) is guilty of serious misrepresentation in supplying or failing to supply the information required under the provisions of this Call for Expression of Interest on the criteria for qualitative selection * According to article 69-69bis of the Belgian Royal Decree of 8 January 1996 (Article 29 of Directive 92/50 (EEC). Registration The candidate must be enrolled in a professional or trade register of the country of residence. Financial and economic standing of the Candidate Financial standing relates to the Candidate s future financial contractual obligations towards the Contracting Authority. This Contracting Authority can therefore assess whether the Candidate s financial and economic standing allows it to enter into an agreement as intended in the 3rd Tender. This assessment will be based, amongst other things, on the following indicators: total equity solvency (equity/debt ratio) stable positive development of turnover and profits credit rating by an internationally recognized rating agency (if applicable)

11 5.4. Items to be delivered with the Expression of Interest The Expression of Interest requires submission of all the items listed in Table 2 below. For item 1 the template provided in the present Call should be used (see appendix 1). This appendix can be downloaded from Candidates are required to submit a complete Expression of Interest. In case an incomplete Expression of Interest is submitted, the Contracting Authority reserves the right to reject this Expression of Interest. The Contracting Authority also reserves the right to allow Candidates to submit any missing documents or information, as required, after expiration of the deadline for submitting the Expression of Interest. Table 2: items to be delivered with the Expression of Interest Item Description FormatTemplate 1 Cover letter Use template from appendix 1 2 Extract from a professional register or trade register (issued in 2008 or in 2009), or equivalent document 3 Annual reports, annual accounts, balance sheets and profit and loss accounts from the past three years The Contracting Authority may request the submission of additional information/evidence concerning the submitted documentation for clarification purposes. 5. THE FIRST PHASE (EXPRESSION OF INTEREST PHASE) Covering letter In the covering letter the Candidate expresses his interest to sell Carbon Credits [CERs/ERUs] generated by the eligible project activities to the Contacting Authority. The covering letter must be signed by the Candidate and the template provided in appendix 1 must be used. 2. Extract from a professional register or trade register, or equivalent documents The Candidate must prove enrolment in a professional or trade register of the country of residence. A recent extract (issued in 2008 or 2009) from such a register should therefore be submitted. Should such a register not exist in the Candidate s country of residence, he will have to provide an equivalent certificate. 3. Annual reports, annual accounts, balance sheets and profit and loss accounts from the past three years Annual reports, annual accounts, balance sheets and profit and loss accounts from the past three years should be provided. It should be shown that the Candidate meet the criteria of financial and economic standing as indicated under item 5.3.

12 12 5. THE FIRST PHASE (EXPRESSION OF INTEREST PHASE) 5.5. Submission of the Expression of Interest The Expression of Interest has to either be received by the Contracting Authority before 1 pm (local time) on the date of the deadline, or has to have been posted at the latest 2 days before the deadline (see table 3 below). In the latter case, the Candidate has to prove the date of delivery with a duly signed receipt by a postal officer / courier service. Table 3: deadline for submission of Expression of Interest Deadlines for delivery to a postal officer / courier service (with signed receipt) Deadlines for effective receipt by the Contracting Authority 23 February February pm Any Expression of Interest not received by the Contracting Authority by the deadline (25 February 2009) will not be considered under this Call. The Expression of Interest must be submitted: In both hard copy and electronic copy. One signed original of the expression of interest and two copies must be submitted in hardcopy. The electronic version must be submitted on a CD-ROM. If the hardcopy and the electronic version are not the same, the hardcopy will prevail In English, Dutch or French (or should have English/Dutch/French translations attached for all of the documents) Either by registered delivery (official postal service) or hand delivery (including courier services) In a sealed envelope with the wording tender documents and the tender title clearly indicated on the envelope. If the Expression of Interest is delivered by postal service (registered), the sealed envelope must be put in a second envelope, with the tender address and the wording tender on the top left of the envelope Exclusively to the following tender address: Federal Public Service of Health, Food Chain Safety & Environment DG Environment Climate Change Section To the attention of Peter Wittoeck Victor Hortaplein 40, box Brussels, Belgium Expressions of Interest submitted in other forms (such as fax or ) will not be considered. If the Expression of Interest is delivered by hand: confirmed receipt is possible between 9 am and 4 pm (last day of opening between 9 am and 1pm) at: Federal Public Service of Health, Food Chain Safety & Environment DG Environment Climate Change Section Victor Hortaplace 40, Box Brussels, Belgium 5.6. Selection of Candidates The Contracting Authority will first assess the completeness of the Expression of Interest, i.e. verify that all the requested documents and information are complete and clear. However, the Contracting Authority can, in conformity with item 5.4., require the Candidate to submit any missing documents/information as soon as possible.

13 Once the Expression of Interest is complete, the Contracting Authority will assess its quality (on the basis of the criteria explained in 5.3.) and will notify the Candidate of its decision about 7 weeks after receipt of the complete documentation. By selecting a Candidate, the Contracting Authority only gives the Candidate the opportunity to submit a proposal under the second phase Number of Candidates to be invited to submit a proposal The twenty best Candidates that have passed the Expression of Interest phase successfully (based on the assessment of the criteria for participation of Candidates (see 5.3)), will be invited to submit a proposal in accordance with the modalities stated in the Terms of Reference that they will receive in the same time Reimbursement / liability The Contracting Authority will not reimburse any costs for the Expression of Interest or any expenses in relation to the submission of the Expression of Interest. Candidates will have no claims against the Contracting Authority for reimbursement of any direct or indirect costs that they may incur in connection with the procedure described in this document, even if no contract is awarded. 5. THE FIRST PHASE (EXPRESSION OF INTEREST PHASE) 13

14 14 6. THE SECOND PHASE (PROPOSAL PHASE) AND AWARDING OF THE CONTRACT 6. THE 6. SECOND THE SECOND PHASE PHASE (PROPOSAL (PROPOSAL PHASE) PHASE) AND AND AWARDING AWARDING OF THE OF THE CONTRACT CONTRACT A Candidate selected from the first phase of the third Belgian tender will be invited to submit a proposal under the second phase and will be referred as being a Tenderer. A Tenderer has to submit its proposal before the deadline (13 May 2009) (see also item 4). The proposal must include the following documents: a Cover letter with the financial offer; i.e. the total amount in Euros of carbon credits offered to the Belgian State by 2012 and the Acquisition Price. (The Acquisition Price per carbon credit shall be a percentage of the numeric average of the secondary CER OTC assessment for the period , calculated based on the closing bid price of Point Carbon, for the 30 days following the signature of the Sale Agreement); a Delivery Schedule with the percentage of carbon credits to be delivered each year; a Sustainability Analysis (optional) of each of the projects included in the portfolio. Complete proposals will be evaluated by the Contracting Authority according to the Acquisition Price and the Sustainability (which are the award criteria of the tender). Indeed, in order to encourage Proposals which present a portfolio of sustainable projects, a bonus shall be attributed to proposals with high sustainability scores. The Acquisition Price will therefore be reduced by 5% if the sustainability score of the portfolio is higher or equal to 60%, and will be reduced by 7,5% if the sustainability score is higher than 80%. Successful Tenderers from the second phase will be invited for contract negotiations with a view to signing Sale Agreement with the Contracting Authority. All the detailed information regarding the modalities of the second phase is included in the contract documents (Terms of Reference) that will be dispatched to the selected Candidates. The selected Candidates will be automatically informed of any amendments to the Terms of Reference.

15 7. MISCELLANEOUS 7. MISCELLANEOUS 7.1. Communication All communications concerning this tender shall be directed in writing (in English, French or Dutch) to: Federal Public Service of Health, Food Chain Safety & Environment DG Environment Climate Change Section Victor Hortaplace 40, Box Brussels Belgium The contact persons are: Olivier Kassi (English and French): Jan Meuleman (English and Dutch): Fax : Further details on this tender are available on the DG Environment website : Any updated information on the documents will be made available via this website. Moreover, if you want to register yourself on our forum (in order to be able to consult the discussion forum (questions/answers) on this tender), proceed as follows: Go the website Firstly, you should register yourself as a supplier, and subsequently you should sign up as a supplier Use the button Show forum to gain access to the forum Once you have signed up, it also possible to define your search criteria via My Search profiles in the menu Links. Thus you shall automatically receive messages concerning publications that might interest you. 7. MISCELLANEOUS Right to cancel, amend or interrupt the procurement process The Contracting Authority reserves the right to cancel, interrupt or amend this procurement process at any time. Any updated information will be published on the DG Environment website Candidates are advised to consult this website regularly until the procurement process is complete. The Contracting Authority is not bound to accept any of the proposals Governing law The tender procedure and the contracts that will be awarded are governed by Belgian law.

16 APPENDICES to the Call for Expressions of Interest of the Third Belgian JI/CDM Tender Appendix 1 is to be used for the submission of an Expression of Interest under the third Belgian JI/CDM tender. It can be downloaded from

17 APPENDIX 1: TEMPLATE FOR THE COVERING LETTER APPENDIX 1: TEMPLATE FOR THE COVERING LETTER Re: Expression of Interest for the third Belgian Federal JI/CDM Tender <Letterhead of Candidat> I, the undersigned, being the authorized signatory of <name of the Candidate> (the Candidate), hereby submit the attached Expression of Interest for evaluation by the Belgian State. By doing so I request to be invited to submit a proposal for the sale of <CERs/ERUs> for a fixed total amount of < amount between 7 and 30 > millions Euros (all taxes and VAT included) to the Belgian State by If I am invited to submit a proposal, I intend to submit a proposal on the basis of the tender dossier of the award procedure. The attached Expression of Interest includes the following documents: Attachment Item number Required material Extract from a professional register or trade register for the candidate or an equivalent document (issued in 2006 or in 2007) Financial information with annual reports, annual accounts, balance sheets and profits and loss accounts from the past three years, for the candidate Additional material (please specify) Included (yes/no) APPENDIX 1: TEMPLATE FOR THE COVERING LETTER 17 Candidate: Organization : Name : Title/function : Date : Signature :

18 18 APPENDIX 2: DEFINITIONS APPENDIX 2: DEFINITIONS APPENDIX 2: DEFINITIONS The following definitions apply: Additional Means that the project is different from the baseline situation and the GHG emissions with the project activity are lower than those that would have occurred in the baseline scenario. Acquisition Price The price (VAT included) to be paid by the Belgian State for the acquisition of each Carbon Credit from the Seller. Annex 1 The list of countries included in Annex 1 to the UNFCCC that have committed themselves to a quantitative GHG emission reduction target pursuant to the UNFCCCC and the Kyoto Protocol. Baseline The scenario that reasonably represents the anthropogenic emissions by sources of GHG that would occur in the absence of the Project, as described by the Kyoto Rules. Candidate An organisation, as identified in the expression of interest, intending to act as a tenderer, should an invitation to submit a proposal be extended on the basis of the expression of interest. Carbon Dioxide Equivalent The base reference for the measurement of Global Warming Potential of Greenhouse Gases in units of CO 2 equivalent whereby one unit equals one metric ton of carbon emissions. Carbon Credits ERUs or CERs to be sold and transferred to the Belgian State under the Sale Agreement. The Carbon Credits contracted under the Sale Agreement shall be issued in the period. CDM See Clean Development Mechanism. CDM EB See Executive Board. CDM Project A Project pursuant to Article 12 of the Kyoto Protocol anticipated to generate CERs. CER See Certified Emission Reduction. Certified Emission Reduction A unit issued pursuant to Article 12 of the Kyoto Protocol as supplemented by relevant provisions laid down in the annex to decision 3/ CMP.1 adopted by the Conference of the Parties serving as the meeting of the Parties to the Kyoto Protocol at its first session that is equal to one metric ton of carbon dioxide equivalent. Clean Development Mechanism The mechanism laid down in Article 12 of the Kyoto Protocol with the purposes (1) to assist non Annex I Parties in achieving sustainable development and (2) to contribute to the ultimate objective of the UNFCCC and (3) to assist Parties included in Annex I in achieving compliance with their quantified emission limitation and reduction commitments as described in the Kyoto Rules. CO 2 eq See Carbon Dioxide equivalent. Contracting Authority The Belgian State represented by the federal Minister for the Environment. Contractor A Tenderer who is party to a Sale Agreement with the Belgian State. COP or CP The Conference of the Parties to the UNFCCC. COP/MOP or CMP The Conference of the Parties to the UNFCCC serving as the Meeting of the Parties to the Kyoto Protocol. Delivery The due delivery to the Belgian State of the number of Carbon Credits as specified in the Delivery Schedule and/or of any Surplus Carbon Credits (including, without limitation in the form of ERUs and/or CERs), each as applicable, in accordance with the provisions of the Sale Agreement. Delivery Schedule A schedule indicating the percentage of Carbon Credits to be delivered to the Belgian State for each year in comparison with the total offered. DG Environment The Directorate-General for Environment of the Federal Public Service of Public Health, Food Chain Safety & Environment of the Belgian State. Emission Reduction Unit A unit issued pursuant to Article 6 of the Kyoto Protocol as supplemented by relevant provisions laid down in the annex to decision 13/ CMP.1 adopted by the Conference of the Parties serving as the meeting of the Parties to the Kyoto Protocol at its first session that is equal to one metric ton of carbon dioxide equivalent. ERU See Emission Reduction Unit. EU Burden Sharing Agreement The EU Council Decision (2002/358/EC) of 25 April 2002 concerning the approval, on behalf of the European Community, of the Kyoto Protocol and defining emission reduction targets for each Member State. Executive Board The Executive Board of the Clean Development Mechanism that is established under the Kyoto Rules. GHG See Greenhouse Gases. Global Warming Potentials The global warming potentials used to calculate the carbon dioxide equivalence of Greenhouse Gases as accepted or subsequently revised in accordance with Article 5 of the Kyoto Protocol. Greenhouse Gases The six gases listed in Annex A to the Kyoto Protocol. Host Country or Host Party The country in which the JI/CDM Project is implemented, i.e. an Annex I Party participating in a JI Project or a non-annex I Party participating in a CDM Project.

19 JI See Joint Implementation. JI Project A Project pursuant to Article 6 of the Kyoto Protocol anticipated to generate ERUs. JISC See Supervisory Committee. JI Track Two See Track One and Track Two. JI Track One See Track One and Track Two. Joint Implementation The mechanism laid down in Article 6 of the Kyoto Protocol with the purposes (1) to assist Annex I Parties in achieving sustainable development, (2) to contribute to the ultimate objective of the UNFCCC and (3) to assist Parties included in Annex I in achieving compliance with their quantified emission limitation and reduction commitments, as described in the Kyoto Rules. Kyoto Rules The UNFCCC, the Kyoto Protocol, the Marrakech Accords, and any relevant decisions, guidelines, modalities and procedures made pursuant to them, as amended from time to time Kyoto Protocol The Protocol to the UNFCCC adopted at the Third Conference of the Parties to the UNFCCC in Kyoto, Japan on December 11, 1997 as may be amended. Kyoto Units All units as defined and in accordance with the Kyoto Rules, including AAUs, ERUs, CERs and RMUs. Marrakech Accords The Decision 2/CP.7 through to Decision 24/CP.7 (inclusive) of the COP in its seventh session, held in Marrakech, Morocco from the 29th October to 10th November Non-Annex 1 The countries that are not included in Annex 1 to the UNFCCC and that have no quantitative GHG emission reduction target. Party to the Kyoto Protocol A country that has ratified the Kyoto Protocol. Projects Project activities eligible under Article 6 (Joint Implementation) or Article 12 (Clean Development Mechanism) of the Kyoto Protocol that are implemented in accordance with relevant international UNFCCC/Kyoto Rules as supplemented by relevant EU regulations. Proposal The set of documents to be submitted by a Tenderer in the proposal phase of this tender, as provided for in the Terms of Reference. Sale Agreement The contract between the Contractor and the Belgian State regarding the purchase of Carbon Credits. Supervisory Committee The Supervisory Committee for Joint Implementation as established by COP/MOP.1 under the Kyoto Rules. Taxes All national, state, regional, provincial, local, foreign and other net income, gross income, gross receipts, sales, use, ad valorem, transfer, franchise, profits, license, lease, service, service use withholding, payroll, employment, excise, severance, stamp, occupation, premium, property, windfall profits, fuel, gas import, customs, duties or other taxes, fees, assessments or charges of any kind whatsoever imposed by any governmental entity, whether in effect at the time of submitting a Proposal or thereafter imposed, together with any interest and any penalties, additions to tax or additional amounts with respect thereto. tco 2 e Themetric tons of Carbon Dioxide Equivalent. Tenderer A candidate, selected in the first phase, submitting a Proposal under this Call with the intention to supply Carbon Credits to the Belgian State. Terms of reference The Terms of reference number BE/JICDM/0904 and all its annexes. Track One and Track Two The two different procedures for carrying out JI projects pursuant to Article 6 of the Kyoto Protocol. The JI Track One procedure may be applied when the Annex I Party hosting the project fully meets all the eligibility requirements to participate in the mechanisms, while the JI Track Two procedure must be applied when the host Party does not meet all of the eligibility requirements. UNFCCC see United Nations Framework Convention on Climate Change United Nations Framework Convention on Climate Change The United Nations Framework Convention on Climate Change adopted in New York on May 9, Year The period from the Project Commencement Date until 31 December of that year, and each subsequent 12-month period thereafter. APPENDIX 2: DEFINITIONS 19