Chapter III.
Supervision


Section I.
Supervisors


Subsection I.
General provisions


Article 16.3.1. Translation not available

Article 16.3.2.

Only persons who have the required qualifications and characteristics to properly fulfil the task of supervision may be appointed as Supervisors. The Flemish Government can stipulate more detailed conditions to be fulfilled by the Supervisors.

The Flemish Government may specify further provisions to be satisfied by the supervisors, including among others conditions relating to qualifications.


Article 16.3.3.

The Supervisors perform the task of supervision in an independent and a neutral manner.

They must be able to perform their task properly and must be provided with the necessary resources to this end.

They should not suffer a disadvantage due to the task that they perform as Supervisor.

The Flemish Government can stipulate more detailed rules for this.


Article 16.3.4. Within the limits of the budget appropriations, the Flemish Government can subsidise the appointment of the Supervisors, stated in Article 16.3.1, 1, 2, 3, 4 and 5, as well as provide assistance for the training and continued education of those Supervisors. The Flemish Government can stipulate more detailed rules for this.

Article 16.3.4bis. Translation not available

Subsection II.
Municipal Supervisors and Inter-municipal Associations and Police Zone Supervisors

Translation not available

Article 16.3.5. Translation not available

Article 16.3.6. Translation not available

Article 16.3.7.

In the absence of the Supervisors appointed pursuant to Article 16.3.1, 1, 3, 4 en 5, ad interim Supervisors may be appointed for a maximum period of one year.

The Flemish Government can stipulate more detailed rules for this.


Translation not available

Translation not available

Subsection III.
Regional Supervisors


Article 16.3.8. Translation not available

Section II.
Supervisory tasks


Article 16.3.9. Translation not available

Section III.
Supervision rights


Subsection I.
General provisions


Article 16.3.10.

The Supervisors have the following supervision rights while carrying out their supervisory tasks:

  1. right of access, stated in Article 16.3.12;
  2. right to inspect and take a copy of business data, stated in Article 16.3.13;
  3. right to investigate items, including the right to take samples, measurements, carry out tests and analyses, stated in Article 16.3.14;
  4. right to investigate the means of transport, stated in Article 16.3.17;
  5. right to receive support, stated in Article 16.3.18;
  6. right to make determinations by means of audiovisual resources, stated in Article 16.3.19;
  7. right to receive police assistance, stated in Article 16.3.21.
The Flemish Government determines the supervision rights to be exercised by each category of Supervisors.

Article 16.3.11. Supervisors only use their supervision rights insofar as that is considered reasonably useful for the fulfilment of their supervisory tasks.

Translation not available

Subsection II.
Right of access


Article 16.3.12.

Supervisors may always, without prior notice, freely enter any place and take with them the necessary material. They must respect the internal and external safety procedures while doing this.

However, they only have access to occupied rooms if they meet one of the following conditions:

  1. they have prior and written permission from the occupant;
  2. they have been authorised to do this, in advance and in writing, by the judge of the police court. In that case, the Supervisors only have access between 5 a.m. and 9 p.m.

Subsection III.
Right to inspect and take a copy of business data


Article 16.3.13.

With a view to exercising the supervision rights, as referred to in Article 16.3.10, 1 to 5 inclusive, Supervisors may demand access to all business documents and other business data carriers as they consider necessary for carrying out this supervision. To this end, they may ask for those data carriers to be submitted to them at a location they specify.

They may ask for a copy of all business documents and other business data carriers to be provided to them free of charge or make a copy themselves. If copying is not possible, they may keep these data carriers or take these with them, against a written proof issued by them, for the period required to complete their task.


Subsection IV.
Right to investigate items


Article 16.3.14. Translation not available

Article 16.3.15.

The sampling, measurements or tests are carried out by the Supervisors or by laboratories or environmental experts certified for that purpose.

The analyses are carried out by the Supervisors or by laboratories certified for that purpose.

If accreditation is not held for a specific sampling, measurement, test or analysis, this sampling, measurement, test or analysis shall be carried out by the supervisors, or by the accredited laboratory, or in accordance with a reference measurement method or, where none exists, in accordance with a method accepted by the authority appointed to this task by the Flemish Government.


Article 16.3.16.

The Flemish Government can stipulate more detailed rules related to the taking of samples, measurements, tests and analyses.

The Flemish Government can stipulate the rules for the certification of laboratories or environmental experts. They can also stipulate the conditions that must be met when using the certification.


Subsection V.
Right to investigate the means of transport


Article 16.3.17.

Supervisors may investigate or let others investigate the means of transport and the transported goods, as well as demand the right to inspect the legally required documents.

They may give orders to the drivers or the escorts. They may order the drivers or escorts to stop their vehicle free of charge and take it to a location they specify free of charge.


Subsection VI.
Right to receive support


Article 16.3.18. Translation not available

Subsection VII.
Right to make determinations by means of audiovisual resources


Article 16.3.19. Translation not available

Subsection VIII.
Right to receive assistance


Article 16.3.20. Everyone must provide all assistance that could be reasonably requested by the Supervisors while exercising their supervision rights within the period of time specified by them.

Article 16.3.21.

Supervisors may demand the assistance of the police while carrying out their supervisory tasks.

To make it possible to exercise their supervision right with regard to inspecting and taking a copy of business data, Supervisors may, with the assistance of the police, proceed to opening and making use of or letting others make use of the items if the following conditions are met:

  1. performing the supervisory task requires the exercise of the supervision right;
  2. the exercise of the supervision right is not possible in any other way;
  3. the person who has the use of the items in question does not give their permission for opening or using them.

Section IV.
Prevention and detection of environmental violations and environmental crimes


Subsection I.
Advice


Article 16.3.22. If Supervisors establish that an environmental violation or an environmental crime is imminent, they can give all the advice they deem useful to prevent that from occurring.

Subsection II.
Detection of environmental violations


Article 16.3.23. Translation not available

Translation not available

Subsection III.
Detection of environmental crimes


Article 16.3.24. Translation not available

Translation not available

Article 16.3.25. Translation not available

Article 16.3.26. When an environmental crime is detected, Supervisors may, for the purpose of providing proof, take all protective measures with regard to these issues for a maximum period of seventy-two hours. The Supervisors who have taken such protective measures immediately inform the Public Prosecutor of the court within whose area of jurisdiction the environmental crime has been committed.

Subsection IIIbis.
Identification


Article 16.3.26bis. Translation not available

Subsection IV.
Orders


Article 16.3.27. If, while carrying out their supervisory tasks, the Supervisors detect an environmental violation or environmental crime, they can order the suspected offender and possible other involved parties to take the necessary measures to end this environmental violation or environmental crime, wholly or partially rectify its consequences or prevent any recurrence of this.