Article 18.

§ 1.

OVAM shall design implementation plans for the management of material cycles and waste, design their possible review and follow up their implementation. These plans shall, alone or in combination, cover the entire geographical territory of the Flemish Region.

 

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

 

§ 2.

The implementation plans shall contain measures aimed at creating an adequate integrated network of waste disposal installations and of installations for the recovery of mixed municipal waste collected from private households, including where such collection also covers such waste from other producers, taking into account the best available techniques. These measures shall be taken with a view to self-sufficiency when it comes to waste disposal and the recovery of the above-mentioned waste streams and they must enable disposal or recovery of the respective waste streams in one of the nearest suitable installations using the most suitable methods and technologies to guarantee a high level of protection of the environment and public health. Insofar as this is necessary or advisable, these measures shall be laid down in cooperation with surrounding countries or regions.

 

Except in cases of force majeure, mixed municipal waste which is collected completely separately from waste from private households may only be exported if it has been collected in Flanders according to the rules drawn up by the Government of Flanders.

 

§ 3.

The implementation plans may contain an analysis of one or more material cycles and their impacts on the environment and health, as well as an overview of measures that need to be taken at different stages of the life cycle to reduce the environmental and health impacts of the use and consumption of the materials in question, in accordance with the objectives mentioned in Article 4.

 

§ 4.

The implementation plans shall contain at least an analysis of the current waste management situation, in general or for one or more categories of waste in particular, as well as the measures to be taken in order to make preparing for reuse, recycling and other forms of recovery and disposal of waste more environmentally sound, as well as an evaluation of how the plan will support the implementation of the objectives and provisions of this Decree.

 

§ 5.

The purpose of the implementation plans is to improve coordination between measures taken by different actors involved in the management of material cycles and waste.

 

§ 6.

In particular, the implementation plans shall comprise at least the following elements:

 

1° 

the type, quantity and source of the waste generated within the Flemish Region and of the waste

likely to be shipped from or to the Flemish Region, and an evaluation of the

development of the waste streams in the future;  

2° 

existing waste collection schemes and major disposal and recovery installations,

including any special arrangements for waste oils, hazardous waste or waste streams

addressed by specific Community legislation; 

3° 

an assessment of the need for new collection schemes, the closure of existing waste installations,

additional waste treatment installations in accordance with paragraph 2, and, if necessary, the investments related

thereto; 

4° 

 sufficient information on the location criteria for site identification and on the capacity of future

disposal or major recovery installations, if necessary;

general waste management policies, including planned waste management technologies and methods, or policies for waste

posing specific management problems;

6° 

adequate qualitative and quantitative indicators, target figures and objectives shall be linked to the

measures mentioned in paragraph 2, which will serve to assess the progress and the effect of the measures and their

contribution to the objective mentioned in Article 4.

 

§ 7.

Drafts of implementation plans or drafts of changes to implementation plans 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.

 

§ 8.

At the same time that they are announced, the drafts mentioned in paragraph 7 shall be passed to the Environment and Nature Council of Flanders, which shall issue 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 implementation plans or the drafts of changes to implementation plans are delivered to the Environment and Nature Council of Flanders, they shall also be submitted to the Flemish Parliament.

 

§ 9.

The Government of Flanders shall lay down the implementation plans or the changes to these implementation plans 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 10.

 

§ 10.

The implementation plans 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.

 

§ 11.

The implementation plans 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 implementation plans shall be defined separately in each plan. The implementation plans shall be evaluated at least once every six years, and revised if necessary.

 

§ 12.

Provisions of implementation plans shall be binding, except if it is stated explicitly in those plans 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 implementation plans which conflict with a regional plan of a later date of an enforcing or binding nature shall lose their validity.

 

§ 13.

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