Article 1(1)(f), first subparagraph, of Directive (EU) 2015/1535 defines a technical regulation as ‘technical specifications and other requirements or rules on services, including the relevant administrative provisions, the observance of which is compulsory, de jure or de facto, in the case of marketing, provision of a service, establishment of a service operator or use in a Member State or a major part thereof (...) ’.

Several provisions of the draft Decree concern technical regulations within the meaning of this Directive, such as the provisions relating to:

- the emission limit values;

- the prohibition of cogeneration installations operating with certain fuels;

- the condition that the cogeneration installations must have a high yield; and

- the monitoring standards.

These provisions are included respectively in Articles 4, 6, 7 and 17 of the draft meaning that, in principle, the notification procedure must be implemented.

Decree of the Government of the Brussels Capital Region laying down the operating conditions applicable to cogeneration installations

The purpose of the draft Decree is to lay down the technical operating conditions (design and management) applicable to cogeneration installations, with particular respect to:

- Emission limits for polluting substances in the atmosphere from the installation;

- sizing of the installation;

- yield of the installation;

- the installation’s boiler room, in terms of safety and ventilation;

- storage of new and used oils related to the operation of the cogeneration installation.

The draft Decree also specifies the documents and information specific to cogeneration installations that must be provided as part of the application for an environmental permit and in order to have as complete an application as possible as soon as the application for an environmental permit is submitted.