Section II.
Environmental impact reporting on plans and programmes


Subsection 1.
Scope of action


Subsection 1.
Scope of application


Article 4.2.1.

This chapter shall apply to each plan or programme that forms the framework for the granting of a licence for a project.

This chapter shall also apply to each plan or programme for which, in view of the possible impact on areas, a suitable assessment is required pursuant to article 36-ter, 3, first paragraph of the decree of 21 October 1997 in regard to the conservation of nature and the natural environment.


Article 4.2.2.

The following plan or programme shall not be included in the scope of application of this decree:

  1. plan or programme that is exclusively destined for national defence;
  2. financial or budget plan and programme;
  3. plan or programme that is co-financed in the framework of the present programming period 2000-2006 with regard to EC Regulation no. 1260/1999 of the Council of 21 June 1999 laying down general provisions on the Structural Funds and the programming periods 2000-2006 and 2000-2007 of EC Regulation no. 1257/1999 of the Council of 17 May 1999 with regard on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF))

Subsection 2.
The obligation to draw up an EIA plan


Article 4.2.3. Translation not available

Subsection 3.
Integration track


Article 4.2.4. Translation not available

Section 2.
Research in the environmental impact assessment


Article 4.2.5. For the research in the environmental impact assessment, mentioned in article 4.2.3, 2, 2, and article 4.2.3, 3, the initiator shall duly consult the authorities that are designated by the Flemish Government and in the manner determined by the Flemish Government. These authorities shall submit their advice in the manner and within the term determined by the Flemish Government.

Article 4.2.6. Translation not available

Article 4.2.7. Translation not available

Section 3.
Notification and scope of the content of the EIA plan


Article 4.2.8. Translation not available

Section 4.
The drafting of the EIA plan


Article 4.2.9.

1.

The EIA Plan shall be drawn up under the responsibility and at the expense of the initiator. The initiator must appeal to a accredited EIA coordinator for this. He shall make all relevant information available to the EIA coordinator. He shall give any cooperation so that the EIA coordinator may fulfil his task properly.

2.

The accredited EIA coordinator may have neither interest in the intended plan or programme or the alternatives, nor may he be involved in the later implementation of the plan or programme. He shall carry out his assignment entirely independently and, where appropriate, shall manage a team of assistants that is made entirely or partially available by the initiator.

The accredited EIA coordinator shall ensure that the composition of the team of assistants enables the drafting of the EIA plan in accordance with the guidelines manual for the environmental impact assessment and within the scope of the content and special guidelines, mentioned in article 4.2.8, 6.

3.

During the drafting of the EIA plan, the accredited EIA coordinator shall consult with the administration. Where appropriate, the EIA coordinator must observe the additional special written guidelines of the administration, supplementary to the defined content and the special guidelines mentioned in article 4.2.8, 6.

The Flemish Government may specify further conditions with regard to the execution of the task of the accredited EIA coordinator.


Section 5.
The examination and the use of the EIA plan


Article 4.2.10. Translation not available

Article 4.2.11. Translation not available