CHAPTER 8.
Amending provisions


Article 70.

In Article 3.2.2, § 1, of the Decree of 5 April 1995 containing general provisions regarding environmental policy, inserted by the Decree of 19 April 1995, the word “waste flows” is replaced by the word “material flows” and point d) is replaced by what follows:


“d) to monitor the maintenance of the waste materials register and the materials register and compliance with the notification obligation stated in Articles 6, 23 to 25 and 30 of the Decree of 23 December 2011 on the sustainable management of material cycles and waste materials”.
 


Article 71.

In article 3.4.3, § 1, of the same decree, inserted by the decree of April 19, 1995, the words ‘Without prejudice to articles 17, § 1, and 23 of the decree of July 2, 1981 on the prevention and management of waste materials” are replaced by the words "Without prejudice to the application of Article 23, paragraph 1, and Article 30 of the Decree of 23 December 2011 regarding the sustainable management of material cycles and waste materials".


Article 72.

In Article 3.5.1 of the same decree, inserted by the decree of 19 April 1995, the second paragraph is replaced by the following:

 

“The Government of Flanders may also prescribe that the information to be provided for the establishments referred to in the first paragraph in accordance with Article 23, second paragraph, of the Decree of 23 December 2011 on the sustainable management of material cycles and waste materials, must be included in the annual environmental report“.


Article 73.

In Article 10.1.1 of the same decree, inserted by the decree of 7 May 2004, the second paragraph is replaced by the following:

 

“2° Materials Decree: the Decree of 23 December 2011 regarding the sustainable management of material cycles and waste;”.


Article 74.

In Article 10.3.2 of the same decree, inserted by the Decree of 7 May 2004, the words “referred to in Article 5 of the Waste Materials Decree” are replaced by the words “mentioned in Article 4 of the Materials Decree” and the words “material flows” are replaced by the words ‘material cycles’.


Article 75.

In Article 10.3.3, § 1, of the same decree, inserted by the decree of 7 May 2004 and amended by the decrees of 22 April 2005 and 25 May 2007, the following changes are made:

in paragraph 1, the words “material flows” and “cycles of material flows” are replaced by the words “material cycles”;
in paragraph 2, 1 °, a), the words ‘Substance cycles’ are replaced by the words ‘material cycles’; 
in paragraph 2, point 2° is replaced by the following: 
“2° the design of prevention programmes and implementation plans as stated in Articles 17 and 18 of the Materials Decree, as well as checking and following up the implementation of the aforementioned prevention programmes and implementation plans and preparing and developing programmes in accordance with the applicable international and European regulations, of which the implementation falls within the scope of the Materials Decree;”;
in paragraph 2, point 3° is replaced by the following:
“3° concluding agreements with the municipalities or associations of municipalities to promote or support the organisation of the selective collection or collection of household waste materials as stated in Article 27 of the Materials Decree;”;
in paragraph 2, point 4° is replaced by the following: 
“4° preparing the negotiations with a view to concluding the environmental policy agreements, stated in the Materials Decree;”; 
in paragraph 2, point 4° is replaced by the following: 
“4° preparing the negotiations with a view to concluding the environmental policy agreements, stated in the Materials Decree;”;
in paragraph 2, point 7° is replaced by the following:
“7° performing the tasks within the framework of the extended producer responsibility, stated in Article 21 of the Materials Decree, and the take-back obligation stated in the Packaging Waste Cooperation Agreement;”; 
in paragraph 2, point 8° is replaced by the following: 
“8° the establishment, collection and recovery of the environmental tax on the processing of waste materials, stated in Article 44 up to and including Article 65 of the Materials Decree;”;
in paragraph 2, point 9° is replaced by the following:
9° the handling of subsidy applications, stated in Article 15 of the Materials Decree;”;
10° in point 10° the words “waste flows” are replaced by the word ‘material flows’;
11° a point 12° is added, which reads as follows:
“12° advising the Government of Flanders on deviations from the hierarchy as stated in Article 8 of the Materials Decree”.

Article 76.

In Article 10.3. 4, of the same decree, inserted by the decree of 7 May 2004 and amended by the decrees of 19 May 2005 and 12 December 2008, paragraph 4 is deleted.


Article 77.

In Article 16.1.1, first paragraph, of the same decree, inserted by the decree of 21 December 2007 and replaced by the decree of 30 April 2009, point 10° is replaced by the following: 
 
“10° Materials Decree: the Decree of 23 December 2011 regarding the sustainable management of material cycles and waste;”.
 


Article 78.

In Article 16.6.1, § 1, second paragraph, of the same decree, inserted by the decree of 21 December 2007 and amended by the decree of 30 April 2009, point 3° is replaced by the following: 
 
“3° violations of the obligation to comply with the levy and pay the administrative fine referred to in Articles 48 and 58 of the Decree of 23 December 2011 on the sustainable management of material cycles and waste;”.
 


Article 79.

In Article 16.6.4, first paragraph, of the same decree, inserted by the decree of 21 December 2007, the words «the decree of 2 July 1981 on the prevention and management of waste materials» are replaced by the words “the decree of 23 December 2011 on the sustainable management of material cycles and waste”.


Article 80.

In Appendix IV of the same decree, inserted by the decree of 21 December 2007, the second paragraph is replaced by the following: 
 
«12° Any cross-border shipment of waste within, to and from the European Union for which a permit is required or a prohibition applies as stated in Article 14, first and second paragraph, of the Decree of 23 December 2011 on the sustainable management of material cycles and waste.“.