Title IV.
Environmental impact and safety reporting


Chapter I.
Definitions, procedural provisions, objectives and characteristics of the environmental impact and safety reporting


Section I.
Definitions


Article 4.1.1. Translation not available

Subsection II.
General provisions with respect to the procedures


Article 4.1.2. Translation not available

Article 4.1.3. Translation not available

Subsection III.
Objective and characteristics


Article 4.1.4. Translation not available

Subsection IV.
Relationships between reports


Article 4.1.5. If appropriate, in later reports drawn up in compliance with this title, account is taken of reports drawn up in compliance with this title at previous stages of the decision making, and of the resulting approved reports.

Article 4.1.6. Translation not available

Subsection V.
Continuation of decision making


Article 4.1.7. Translation not available

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

Section III.
Environmental impact reporting on projects


Subsection I.
Scope


Article 4.3.1. Translation not available

Article 4.3.2. Translation not available

Article 4.3.3. Translation not available

Subsection II.
Notification and definition of content of the proposed EIA project

Translation not available

Article 4.3.4. Translation not available

Article 4.3.5. Translation not available

Subsection III.
Drawing up the EIA project


Article 4.3.6. Translation not available

Article 4.3.7. Translation not available

Subsection IV.
The research and the use of the EIA project


Article 4.3.8. Translation not available

Article 4.3.9. Translation not available

Section IV.
Safety reporting on land-use implementation plans


Article 4.4.1. Translation not available

Article 4.4.2. Translation not available

Article 4.4.3.

The land-use safety report consists of at least following components:

  1. a general part that contains the following information:
    1. a description of the objectives and generalities of the draft land-use implementing plan, includ-ing a map on an adapted scale;
    2. a summary of the motives for the drawing up of the land-use implementing plan;
    3. a description of the alternatives taken into consideration for the draft land-use implementing plan, or an outline of the alternatives that can reasonably be taken into account for specific com-ponents, in each case including the relative considerations of the initiator;
    4. a comparison between the described alternatives and the draft land-use implementing plan or its relevant parts;
  2. A part concerning the influence of the land-use implementing plan on the risks of serious acci-dents involving persons and the environment that contains the following information:
    1. a description of the methods that were used for the determination and the assessment of the risks of major accidents to the population and the environment, including a summary and descrip-tion of the relevant criteria used in the land-use safety report for the demarcation of the risk zo-nes;
    2. if appropriate, information on risks of serious accidents involving persons and the environment related to the existing establishments, and on the safety measures taken and/or which can be ta-ken by existing establishments to prevent serious accidents and to limit their consequences for persons and the environment;
    3. for the draft environmental implementing plan and the described alternatives, a scientific as-sessment of the influence of the developments taken into consideration at existing establishments in the vicinity and/or the possible siting of new establishments on the risks of major accidents to the population and environment including the demarcated risk zones;
    4. on the basis of the assessment referred to in c), recommendations concerning:
      1. the relative town and country planning conditions, including in the light of the requirement to also retain a sufficient distance in the long term between the establishments covered by the agreement of cooperation and certain vulnerable areas referred to in article 24, 1, last para-graph, of the agreement of cooperation;
      2. supplementary measures which can be taken by existing establishments to avoid serious acci-dents and limit their consequences for persons and the environment in order to not increase risks;
    5. an overall assessment of the draft land-use implementing plan and of the described alternatives within the framework of the policy relating to the prevention of serious accidents and the limiting of their consequences for persons and the environment;
  3. A statement of the difficulties, technical absences or missing knowledge that the initiator and/or the accredited expert may have experienced with the collection and processing of the re-quired information and the consequences of this for the scientific nature of the report;
  4. A non-technical summary of the information provided as described in 1 up to and including 3;

Article 4.4.4. Translation not available

Article 4.4.5. The Flemish Government can establish specific regulations relating to the compila-tion, investigation and the further use of the land-use safety report.

Section V.
Safety reporting on the operation of installations


Subsection I.
Scope


Article 4.5.1. Translation not available

Subsection II.
Notification and content demarcation of the proposed regional safety report


Article 4.5.2. Translation not available

Article 4.5.3. Translation not available

Article 4.5.4.

If the initiator demonstrates that certain substances present at the establishment or in a part of the installation itself can cause no serious accidents in accordance with the criteria referred to in article 12, 5, of the agreement of cooperation, the administration can decide that the information in the regional safety report will be restricted to that of importance to the preven-tion of the remaining risks of major accidents and the limitation of their consequences on man and the environment.


If the administration decides to limit the information in the regional environmental report, it sends its decision and all the necessary information immediately and in any event before the li-censing decision to the Commission of the European Community.


Subsection III.
Drawing up of the regional safety report


Article 4.5.5. Translation not available

Article 4.5.6.

Without prejudice to the application of Art. 4.5.4, the regional safety report must contain at least following information to the extent this is available:

  1. Information on the management system and on the organisation of the establishment with a view to the prevention of serious accidents. This information must cover the points contained in article 10 of the agreement of cooperation.
  2. presentation of the environment of the establishment:
    1. a description of the site, including the geographical position, the meteorological, geological and hydrographic information, including historical aspects relevant to safety;
    2. the identification of external sources of danger and vulnerable objects in the environment as well as the information available on these sources;
    3. a description of the zones which could be affected by a serious accident;
  3. description of the plant:
    1. identification of installations and activities inside the establishment which could cause a seri-ous accident;
    2. description of the activities and products from parts of the establishment which are important from a safety perspective;
    3. description of the procedures and operating methods;
    4. description of hazardous substances:
      1. a list of the hazardous substances which consists of:
        • the description of the hazardous substances: chemical name, CAS number, name according to IUPAC Nomenclature;
        • the maximum quantity of the hazardous substances present or that can be present;
      2. physical, chemical, toxicological characteristics and information both on immediate and sub-sequent dangers to persons and the environment;
      3. the physical and chemical behaviour under normal conditions of use or with foreseeable accidents;
  4. Identification and analysis of serious accidents with potential consequences for the surround-ing area (persons and environment) and prevention resources:
    1. detailed description of the scenarios for possible major accidents and the circumstances in which these can occur, including a summary of the incidents that can play an important part in the triggering of these scenarios, irrespective of whether the causes are inside or outside the installation;
    2. a description of the possible causes of serious accidents and of the circumstances in which such a serious accident could occur, accompanied by a description of the preventive action taken;
    3. quantification of the risks, as indicated in the SR guideline manual, associated with scenarios described in point a);
    4. an appraisal of the extent and severity of the consequences of identified serious accidents;
    5. a description of the technical parameters of importance to the safety of the installations and of the equipment intended for the safety of the installations;
  5. Measures for protection and taking action to reduce the consequences of a serious accident:
    1. a description of the technical parameters of importance to the safety of the installations and of the equipment intended for the safety of the installations;
    2. description of the equipment installed in the plant to limit the consequences of major accidents; organisation of alarm and intervention;
    3. description of mobilizable resources, internal or external;
    4. description of the internal emergency plan referred to in article 15 of the agreement of cooperation;
  6. A description and appraisal of the preventive and consequence-limiting measures of a technical and organisational nature to be taken by the initiator, including the period during which that will be completed;
  7. a plan of alternatives that can reasonably be taken into consideration as regards location, site, procedure and quantities of hazardous substances, included the zero alternative and the closure of the installation;
  8. a statement of the difficulties, technical absences or missing knowledge that the initiator and/or the experts may have experienced with the collection and processing of the required in-formation and the consequences of this for the scientific nature of the report;
  9. A non-technical summary of the information provided as described in 1 up to and including 8;

Subsection IV.
Research and the use of the regional safety report


Article 4.5.7. Translation not available

Article 4.5.8. Translation not available

Section VI.
Common aspects of quality care


Subsection I.
The accreditation of experts and coordinators


Article 4.6.1. Translation not available

Subsection II.
Guideline manuals, appraisal and monitoring


Article 4.6.2. Translation not available

Article 4.6.3. Translation not available

Article 4.6.3bis.

1

The initiator will examine any considerable consequences on the environment resulting from the implementation of plans and programmes, so as to enable early identification of any unforeseen negative effects and initiation of the appropriate remedying measures.

2.

In order to meet the provisions of paragraph 1, the existing monitoring rules may be used where appropriate to avoid overlap.

3.

The Flemish Government may define further rules as regards monitoring.


Subsection III.
The Advisory Committee


Article 4.6.4. Translation not available

Section VII.
Supervisory and criminal provisions


Article 4.7.1. [...]

Article 4.7.2. [...]