Title XI.
Strategic advice


Chapter I.
Introductory provisions


Article 11.1.1. Definitions

Drafts of orders of the Flemish Government of strategic importance are understood in this decree as: drafts of regulatory or organic administrative orders for the implementation of the content of a decree and considered by the Flemish Government as basic implementing decisions.

Article 11.1.2. Establishment

Translation not available

Chapter II.
Task description


Article 11.2.1. Assignment

§ 1.

The MiNa Council has the following task for the purpose of achieving the objectives and principles drawn up in article 1.2.1 of this decree:

  1. on its own initiative or upon request, provide advice on the basic issues of environmental policy or on policy relating to the environmental aspect of sustainable development;
  2. to contribute to the forming of a policy vision on environmental policy or on policy relating to the environmental aspect of sustainable development;
  3. to monitor and interpret social and policy developments relating to the environment and the environmental aspect of sustainable development at the different policy levels and in the different policy areas;
  4. to provide advice on preliminary drafts of decrees with respect to environmental policy or preliminary drafts of decrees with respect to other policy areas that can have considerable consequences for the environment;
  5. to on its own initiative or on request provide advice on decree proposals with respect to environmental policy or decree proposals with respect to other policy areas that can have considerable consequences for the environment;
  6. on its own initiative or upon request provide advice on draft orders of the Flemish Government with respect to environmental policy
  7. to offer consideration on policy documents submitted to the Flemish Parliament concerning environmental policy and the environmental aspect of sustainable development in Flanders;
  8. on its own initiative or upon request provide advice on drafts agreement of cooperation of strategic importance to policy relating to the environment or the environmental aspect of sustainable development that the Flemish Region wishes to conclude with the State or with other regions, as well as on national plans of strategic importance to environmental policy or policy relating to the environmental aspect of sustainable development;
  9. on its own initiative or upon request provide advice on policy intentions, policy plans and legislation being prepared at European Union level, as well as on international treaties being prepared that are of strategic importance to environmental policy or policy relating to the environmental aspect of sustainable development.

 

§ 2

The Flemish Government must request advice concerning:

  1. the preliminary drafts of decrees referred to in § 1, 4°;
  2. the drafts of orders of the Flemish Government that are of strategic importance as referred to in § 1,6°.

 

§ 3

The Flemish Government can decide not to act upon the advice of the strategic advisory committee referred to in § 2, while explaining such and informing the MiNa Council.

 

§ 4

The advice of the MiNa Council is made public.


Chapter III.
Composition and organisation


Article 11.3.1. Composition

§ 1

The MiNa Council is made up of representatives of the social middle ground active in or involved with environmental policy, of independent experts in the environment or environmental policy, as well as representatives of the cities, municipalities and provinces.

 

§ 2.

The following organisations or groups from the social middle ground are represented in the MiNa Council:

  1. environment associations, including each organisation founded on private initiative and not for profit, that mainly has Flanders as its area of activity, with the key and unambiguous aim of the promotion of environment protection or nature conservation in the sense of article 1.2.1 of this decree, and that develops wide ranging policies to achieve this aim;
  2. social-economic organisations, including each organisation founded on private initiative and not for profit, that mainly has Flanders as its area of activity, with the key and unambiguous aim of defending the interests of employers and employees in the business community or specific economic sectors or branches of industry;
  3.  agricultural organisations, including each organisation founded on private initiative and not for profit, with the exception of the organisations mentioned in 1° and 2° that represent agricultural interests at Flemish level;
  4. organisations relating to open space, including each organisation founded on private initiative and not for profit, with the exception of the organisations mentioned in 1°, 2° and 3°, that represent a specific interest at Flemish level with regard to the economic or recreational use of the environment and nature in open space in Flanders;
  5. socio-cultural organisations representing the interests of consumers and families, including each organisation founded on private initiative and not for profit, with the exception of the environmental associations that at Flemish level represent the interests of consumers, families or other groups in society and therefore have an interest in the good state of the environment or nature in Flanders

 

§ 3

Independent experts are understood as including: academics, environmental experts who work for an independent consultancy or as self-employed, or other persons who on the basis of their experience, commitment or expertise have acquired competence as regards the achievement of the objectives mentioned in article 1.2.1 of this decree.


Article 11.3.2. Composition

Translation not available

Article 11.3.3. Independence

The members of the MiNa Council exercise their duties in complete independence from the Flemish Government.

Chapter IV.
Working


Article 11.4.1. Internal working

Translation not available

Article 11.4.2. Permanent working committees

§ 1

Permanent working committees are set up within the MiNa Council for nature policy, forestry policy, hunting policy, inland fishing policy, nature and environmental education (NME) and sustainable development.

 

§ 2

The Flemish Government can set up other permanent working committees within the MiNa Council for parts or aspects of environmental policy for which specific expertise exists, and where specific target groups or social groups are approached.

 

§ 3

The composition of these permanent working committees takes account of the balanced representation of men and women:

  1. half of the members are selected and appointed by the Flemish Government on the basis of specific expertise and on the basis of specific representativeness relating to the subject worked on by the permanent work committee;
  2. half of the members are selected and appointed by the Flemish Government on the basis of specific expertise and on the basis of a recommendation from the MiNa Council. 
The permanent working committees can never have more than 16 members.

 

§ 4

The MiNa Council delegates to the permanent working committees the preparation of the activities described in article 11.2.1, to the extent the activities are related to the policy that comprises the subject of the task of the work committee.

 

§ 5

The MiNa Council always takes the final decision on the draft advice and other draft documents originating from the permanent working committees.


Article 11.4.3. Financial resources

The MiNa Council obtains the resources for its operation and for the carrying out of its task from:

  1. contributions;
  2. own income.

Article 11.4.4. Co-operation

§ 1

To investigate special issues the MiNa Council can make use of expert third parties, subject to payment or otherwise.

 

§ 2

The MiNa Council can enter into forms of cooperation to complete its tasks including the following:

  1. co-operation with comparable advisory bodies outside the Flemish Region to exchange information and ideas about interregional, national, European and international environmental policy and policy relating to the environmental aspect of sustainable development;
  2. co-operation with other strategic advisory committees of the Flemish Region or the Flemish Community, to advise on policy affairs that cover different policy areas;
  3. co-operation with provincial and municipal environmental advice committees to exchange information and ideas on Flemish, provincial or municipal environmental policy