The measures mentioned in Article 4, paragraph 3 are to encourage the options that deliver the best overall outcome for the environment and health. This may mean that when defining measures for certain materials, it may be necessary to deviate from the hierarchy mentioned in Article 4, paragraph 3, if this is justified based on life cycle thinking.
The Government of Flanders shall determine, following advice from OVAM, when the derogations mentioned in paragraph 1 are justified. In doing so, it shall take into account the principles mentioned in Article 1.2.1, paragraph 2 of the Decree of 5 April 1995 concerning general provisions relating to environmental policy, the technical and economic feasibility, the protection of resources, the overall impacts on the environment and human health and in the economic and social sphere, the objectives mentioned in Article 4 and the applicable European requirements.
The advice of OVAM mentioned in subparagraph 1 shall contain the basic principles, preconditions and methods used to come to a desired option based on life cycle thinking.
For the purposes of the advice mentioned in subparagraph 1, and for the purposes of defining the basic principles, preconditions and methods relating to life cycle thinking, a consultation platform shall be set up in accordance with Article 19.
If the results of scientific studies are used as a basis for this advice, then those studies are to have been carried out or verified by an independent party.
If a derogation in accordance with paragraph 1 has been granted, the Government of Flanders may reconsider this derogation following advice from OVAM and in accordance with paragraph 2, on the basis of changed technical, economic or social circumstances or new insights into the effects on the environment and health.