Article 2.5.2.3.11.

If, in a particular zone or agglomeration, no compliance with the limit values for nitrogen dioxide or benzene can be achieved by the deadlines stated in Appendix 2.5.3.11, the Flemish minister may grant a deferral of up to five years for that specific zone or agglomeration, provided an air quality plan is drawn up in accordance with Article 2.5.2.4.1 for the zone or agglomeration to which the deferral would apply. That air quality plan shall be supplemented with the information stated in Appendix 2.5.3.15, Part B, relating to the polluting substances in question, and show how compliance can be achieved with the limit values before the new deadline stated in Appendix 2.5.3.11.

If, due to location-specific dispersion characteristics, unfavourable climatic conditions or cross-border contributions in a particular zone or agglomeration, no compliance can be achieved with the limit values for PM10 stated in Appendix 2.5.3.11, the Flemish minister may grant an exception from the obligation to apply these limit values until 11 June 2011, provided the condition in paragraph 1 is met and it is demonstrated that all appropriate measures have been taken at national, regional and local level to comply with the deadlines.

In the application of paragraph 1 or 2, the exceedance of the limit value for each polluting substance shall be kept within the maximum margin of tolerance stated in Appendix 2.5.3.11.

Use may be made of paragraphs 1 and 2 if the following conditions are cumulatively met:

1 the Flemish minister informs the European Commission of the intention to apply paragraph 1 or 2;
2 the air quality plan stated in paragraph 1, including all relevant data required by the European Commission to assess whether the conditions in question have been met, is sent to the European Commission by the Flemish minister, after being approved by the Government of Flanders;
3 the European Commission does not raise any objections within nine months of receiving the notification, as a result of which the conditions in question for the application of paragraph 1 or 2 are regarded as having been met.

If the European Commission raises an objection within nine months of receipt of the notification stated in paragraph 4, and if it requires the air quality plans to be adapted or replaced by new ones, the Flemish minister shall send the European Commission the adapted or new air quality plans, approved by the Government of Flanders.