§ 1.

OVAM shall coordinate the design of prevention programmes and their possible review, and follow up their implementation. The Government of Flanders shall select the public institutions which will be involved in the design and implementation of the prevention programmes.

With a view to the design and implementation of the prevention programmes, consultation platforms shall be set up in accordance with Article 19.

§ 2.

The prevention programmes shall consist at least of measures and initiatives taken to promote the prevention of waste, a more efficient use and consumption of materials which are less taxing on the environment via ecodesign and adapted production and consumption patterns and a better management of material cycles in accordance with Article 4. They shall be aimed at disconnecting the environmental impacts of material cycles and, in particular, of the production of waste, from economic growth. Insofar as this is necessary or advisable, these measures shall be laid down in cooperation with surrounding countries or regions, local authorities or the federal authority.

In the prevention programmes adequate qualitative and quantitative indicators, target figures and objectives shall be linked to the measures mentioned in subparagraph 1, which will serve to assess the progress and the effect of the measures and their contribution to the objective.

§ 3.

Drafts of prevention programmes or drafts of changes to prevention programmes shall be announced by means of an extract in the Belgian Official Journal, and deposited for a period of two months for perusal at the municipalities and at OVAM. During this period anyone can make objections or remarks known to OVAM in writing.

§ 4.

At the same time that they are announced, drafts of prevention programmes shall be passed to the Environment and Nature Council of Flanders, which shall issue a reasoned advice within a period of two months of receipt of the draft. This advice shall not be binding.

At the same time that the drafts of the prevention programmes are delivered to the Environment and Nature Council of Flanders, they shall also be submitted to the Flemish Parliament.

§ 5.

The Government of Flanders shall lay down the prevention programmes, taking into account the advice given and objections or remarks submitted. If the Government of Flanders does not follow the advice given or does not take into account the objections or remarks submitted, either completely or in part, then it shall justify this in a report which shall accompany the announcement mentioned in paragraph 6.

§ 6.

The prevention programmes shall be announced by means of an extract in the Belgian Official Journal. They shall be available for perusal at OVAM, the provinces and the municipalities and shall be published on the website of OVAM.

§ 7.

The prevention programmes can be integrated into the implementation plans for the management of material cycles and waste mentioned in Article 18. In such case, they shall be marked as clearly different prevention measures.

§ 8.

The prevention programmes shall apply to the administrative authorities of the Flemish Region, the provinces, the municipalities and the organisations governed by public or private law charged with tasks in the public interest relating to environmental policy. The duration of the prevention programmes shall be defined separately in each programme. The prevention programmes shall be evaluated at least once every six years, and revised if necessary.

§ 9.

The provisions of the prevention programmes shall be binding, except if it is stated explicitly in those programmes that they are not binding. In these cases, they shall be indicative. Binding provisions can only be derogated from by a decision of the Government of Flanders, when substantial reason exists for this and subject to appropriate justification. Provisions of prevention programmes which conflict with a regional plan or programme of a later date of an enforcing or binding nature shall lose their validity.

§ 10.

The Government of Flanders may determine more specific rules for the design, establishment, follow-up and implementation of the prevention programmes and the stakeholder participation provided for therein.