Part 2.
ENVIRONMENTAL QUALITY STANDARDS AND RELATIVE POLICY TASKS


Chapter 2.1.
GENERAL PROVISIONS


Article 2.1.1.

§ 1.

Unless explicitly indicated otherwise, the environmental quality standards established in this part determine the quality requirements to be met for the aspect concerned of the environment throughout the whole of the Flemish Region.

 

§ 2.

The policy tasks included in this part concern a number of the tasks to be completed by the authorities to maintain or achieve the quality standards set (such as in the field of licensing policy), data inventories, and the provision of information and communication to the EU Commission or to other Member States.

 

§ 3.

The policy tasks concerning data inventories and the provision of information and communication to the EU Commission or other Member States are a responsibility of the minister, with preparation by the specified administrations.


Article 2.1.2. The environmental quality standards established in this part are maintained by the authorities with the planning and execution of their policy.

Article 2.1.3. The long-term development and the protection of a healthy environment are general basic environmental quality standards.

Chapter 2.2.
ENVIRONMENTAL QUALITY STANDARDS FOR NOISE AND RELATIVE POLICY TASKS


Article 2.2.0.1. Translation not available

Section 2.2.1.
Environmental quality standards and guide values for noise in open air


Article 2.2.1.1.

The values given in Appendix 2.2.1 in dB(A) apply as environmental quality standards for the LA95,1h level of ambient noise in open air.

 

For the assessment of the noise of establishments these values in dB(A) apply as guide values against which the specific noise of an establishment is measured.


Section 2.2.2.
Guide values for noise heard indoors


Article 2.2.2.1. For the assessment of the noise of establishments which have no common wall and/or floor with inhabited spaces, the values in dB(A) given in Appendix 2.2.2. apply as guide values for indoors against which the specific noise of an establishment is measured.

Section 2.2.3.
Environmental quality standards for ambient noise

Translation not available

Article 2.2.3.1.

§ 1.

In accordance with Article 2.2.1. of the Decree of 5 April 1995 concerning the general provisions related to environmental policy, the Government of Flanders can determine environmental quality standards for ambient noise.

 

§ 2.

The Government of Flanders can determine special environmental quality standards for sanctuaries and problem zones as established in the strategic noise mapping.

 

§ 3.

Special environmental quality standards can be developed depending on the environment or the sensitivity of the population, whether this concerns existing or new situations and according to the type of ambient noise.


Section 2.2.4.
Policy tasks concerning the assessment and management of environmental noise.


Subsection 2.2.4.1.
Objective.


Article 2.2.4.1.1. Translation not available

Subsection 2.2.4.2.
Execution and responsibilities


Article 2.2.4.2.1. Translation not available

Subsection 2.2.4.3.
Strategic noise mapping


Article 2.2.4.3.1. Translation not available

Subsection 2.2.4.4.
Noise action programmes

Translation not available

Article 2.2.4.4.1. Translation not available

Subsection 2.2.4.5.
Cross-border cooperation


Article 2.2.4.5.1. Translation not available

Subsection 2.2.4.6.
Submission of information and reports


Article 2.2.4.6.1. Translation not available

Chapter 2.3.
ENVIRONMENTAL QUALITY STANDARDS FOR SURFACE WATERS AND RELATIVE POLICY TASKS


Article 2.3.0.1.

The provisions of this Chapter are established in pursuance of the Law of 26 March 1971 on the protection of surface waters from pollution and the Decree of 18 July 2003 concerning the integral water policy.


This Chapter provides for the partial transposition of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy and Directive 2007/60/EC of the European Parliament and of the Council of 23 October 2007 on the assessment and management of flood risks.


Section 2.3.1.
Environmental quality standards for surface waters and relative policy tasks


Article 2.3.1.1.

This Section provides for the partial transposition of Directive 2008/105/EC of the European Parliament and of the Council of 16 December 2008 on environmental quality standards in the field of water policy, amending and subsequently repealing Council Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC and 86/280/EEC, and amending Directive 2000/60/EC, and for the partial transposition of Directive 2013/39/EU of the European Parliament and of the Council of 12 August 2013 amending Directives 2000/60/EC and 2008/105/EC as regards priority substances in the field of water policy.

 

The guide values stated in Appendix 2.3.1 shall be used as basic environmental quality standards for assessing the good ecological and good chemical status of surface waters. In the river basin management plans, the assessment of ecological status is divided into five classes, namely "very good", "good", "moderate", "unsatisfactory" and "poor".

 

In accordance with Article 60, paragraph 1, 1°, a), 2), 3) and 4) of the Decree of 18 July 2003 concerning the integral water policy, the surface water bodies are divided into the following types in the river basin management plans [...]: "small stream", "small stream Kempen", "large stream", "large stream Kempen", "small river", "large river", "very large river", "fresh polder watercourse", "brackish polder watercourse", "fresh, mesotidal lowland estuary", "weakly brackish (oligohaline), macrotidal lowland estuary", "brackish, macrotidal lowland estuary", "salt, mesotidal lowland estuary", "circumneutral, heavily buffered lake", "moderately ion-rich, alkaline lake", "large, deep, eutrophic, alkaline lake", "large, deep, oligotrophic to mesotrophic, alkaline lake", "ion-rich, alkaline lake", "alkaline dune water", "very slightly brackish lake", "circumneutral, slightly buffered lake", "circumneutral, iron-rich lake", "heavily acidic lake", "moderately acidic lake" and "very brackish lake".


Article 2.3.1.2. The basic environmental quality standards stated in Article 2.3.1.1. also apply for the surface waters as stated in Sections 2.3.2., 2.3.3., 2.3.4. and 2.3.5., to the extent they supplement or raise special environmental quality standards applicable for these waters.

Article 2.3.1.3.

Derogations from the environmental quality standards may only be permitted in the river basin management plans in accordance with Articles 53, 54 and 56 of the Decree of 18 July 1993 concerning the integral water policy.

 

The basic environmental quality standards stated in Article 2.3.1.1, for the assessment of status, apply to the heavily modified and artificial bodies of water stated in Article 52 of the Decree of 18 July 2003 concerning the integral water policy. By way of derogation from this, other environmental quality standards may be determined for the following parameters in the river basin management plans: dissolved oxygen, electrical conductivity, chloride, sulphate, pH and all biological parameters.

 

In the case of the protected areas referred to in Article 71 of the same Decree, stricter environmental quality standards may be set in the river basin management plans.

 

The Government of Flanders shall, at the set times and at least when reviewing the river basin management plans, assess and where necessary adjust the environmental quality standards, as referred to in Article 2.2.3, §4 of the Decree of 5 April 1995 concerning the general provisions related to environmental policy.


Section 2.3.1.bis.
Environment quality standards for water bottoms


Article 2.3.1bis/1.

The guide values stated in Article 2.2.4 of the Decree of 5 April 1995 concerning the general provisions related to environmental policy, included in Appendix 2.3.1bis, shall be used as basic environmental quality standards for water bottoms.

 

The guide values determine the environmental quality level that must be achieved or maintained as much as possible. They do not apply as a remediation criterion, or as a remediation target as stated in the Decree of 27 October 2006 concerning soil remediation and soil protection.

 

The Government of Flanders shall, at the set times and at least when reviewing the river basin management or catchment basin management plans, assess and where necessary adjust the environmental quality standards, as referred to in Article 2.2.3, §4 of the Decree of 5 April 1995 concerning the general stipulations related to environmental policy.


Section 2.3.2.
Environmental quality standards for surface waters intended for drinking water production


Article 2.3.2.1. The physical, chemical and microbiological properties required of surface water intended for the production of drinking water at the extraction point are included in the table in Article 1 of Appendix 2.3.2.

Section 2.3.3.
Environmental quality standards for surface waters for use as bathing water


Article 2.3.3.1. The environmental quality standards which bathing waters are required to satisfy are determined in Article 1 of Part II of Appendix 2.3.3. The sampling, monitoring, quality assessment, classification and quality status are carried out in conformance with Articles 1 to 3 inclusive of Part II of Appendix 2.3.3.

Section 2.3.4.
Environmental quality standards for surface waters for use as fishing water

Translation not available

Article 2.3.4.1. [...]

Article 2.3.4.2. [...]

Section 2.3.5.
Environmental quality standards for surface waters intended for shellfish


Article 2.3.5.1. The environmental quality standards to be met by all shellfish waters designated as such are included in Appendix 2.3.5.

Section 2.3.6.
Policy tasks


Article 2.3.6.1. Translation not available

Article 2.3.6.2.

In accordance with the provisions of Directive 91/271/EEC:

-

the control data concerning compliance with requirements made by these regulations for urban water treatment installations are retained and made available to the EU Commission within 6 months of receipt of such a request by the Flanders Environment Agency through the appropriate channels;

-

the Flanders Environment Agency shall provide the EU Commission, through the appropriate channels and by no later than 1 January 1996, with information on the programme that must be drawn up for the enforcement of Directive 91/271/EEC concerning urban waste-water treatment.

-

the Flanders Environment Agency must produce a report every two years on the situation related to the disposal of urban waste water and sludge in the Flemish Region. For this, the company referred to in Article 32septies of the law of 26 March 1971 on the protection of surface waters against pollution must provide the Flanders Environment Agency with the necessary information concerning the removal of sludge. These reports are kept available for forwarding to the Commission.

-

every two years the Flanders Environment Agency draws up the programme for the treatment of urban waste water for the Flemish Region in accordance with the tables in Directive 93/481/EU. In conformance with Article 17 of the Directive, this information will be made available to the Commission through the appropriate channels, and each time by no later than 30 June with the following programme by no later than 30 June 1996.

-

the Flanders Environment Agency must permanently adapt the network for the measuring of the water quality of the surface waters to discharges of treatment installations and to direct discharges of companies when it may be expected that the receiving environment will be significantly influenced, if discharges are concerned from installations which represent at least 4,000 IU (direct discharges are understood as each case of discharging which does not take place through public water treatment systems into receiving waters).

-

if the Flemish Region is informed of the detrimental influencing of waters which fall under the jurisdiction of a Member State of the EU or the competence of the Brussels Capital Region or the Walloon Region due to discharges of urban waste water from the Flemish Region, the Flanders Environment Agency will organise the necessary consultation to investigate which discharges are involved and what measures must be taken at the source to protect the affected waters.

-

all surface waters of the Flemish Region are designated “vulnerable areas” in accordance with Article 5, paragraph 1 of Directive 91/271/EEC. In the Flemish Region, no “less vulnerable areas” as referred to in Article 6, paragraph 1 of the same Directive are designated.

-

for the whole territory of the Flemish Region a minimum percentage for the reduction of the total load for the totality of public water treatment installations is established of at least 75% for the total of phosphorous and at least 75% for the total of nitrogen.

-

if the company referred to in Article 32septies of the law of 26 March 1971 on the protection of surface waters against pollution wishes to make use of the exception provision included in footnote (5) in Appendix 5.3.1.a. to Title II of the VLAREM, this company is obliged to prove on the basis of a scientific study that the same protective level will be achieved on an annual basis; in this case, the Flanders Environment Agency will inform the Commission of such through the appropriate channels.


Article 2.3.6.3.

§ 1.

A collection system for urban waste water must be provided:

by 31 December 1998 for agglomerations with more than 10,000 inhabitant equivalents;

by 31 December 2005 for agglomerations with less than 10,000 inhabitant equivalents;

 

§ 2.

When the construction of the collection systems referred to in §1 is not justified because from an environmental perspective there would be no benefit or because it would be excessively expensive, use must be made of separate or other suitable systems with which the same degree of environmental protection is obtained.

 

§ 3.

The collection systems referred to in §1 must be designed, built, adapted and maintained in accordance with the best available techniques, in particular with regard to:

volume and properties of the urban waste water;

the prevention of leaks;   

the limiting of pollution of the receiving waters due to rainwater flooding.

 

On the proposal of the Coordination Commission for the Integral Water Policy stated in Article 25 of the Decree of 18 July 2003 concerning the integral water policy, the Flemish minister may establish a code of good practice for the design and construction of public sewers.

 

§ 4.

Places for the discharging of urban waste water must, to the extent possible, be chosen so that the effect on the receiving surface waters is as slight as possible.


Article 2.3.6.4.

The remediation of the outlying area to be collectively optimised shall take place by means of a separate system and in accordance with the timing schedule stated in the implementation plan.

 

When a public sewer system is laid or re-laid, regardless of the area, a separate system must be laid unless otherwise stated in the implementation plan.


Article 2.3.6.5. The flood risk management objectives and surface water shortage management objectives are determined using the criteria stated in Article 2 and 3 of Appendix 2.3.6, which is attached to this Order. To assess flood risk and water shortage, use is made of assessment frameworks as stated in Article 4 of Appendix 2.3.6.

Section 2.3.7.
Assessment and management of bathing water quality


Subsection 2.3.7.1.
Objective and scope


Article 2.3.7.1.1.

§ 1.

The general objective of this Section, in accordance with Directive 2006/7/EC of 15 February 2006 concerning the management of bathing water quality and repealing Directive 76/160/EEC and in accordance with Article 51bis of the Decree of 18 July 2003 relating to the integral water policy, is to preserve, protect and improve the quality of the environment and to protect human health and is complementary to the other objectives of this chapter.

 

§ 2.

This Section is applicable to all bathing waters indicated in conformance with the provisions of this Section.

 

§ 3.

This Section does not apply to:

bathing pools and spa pools;

confined waters subject to treatment or used for therapeutic purposes;

artificially created confined waters separated from surface water and groundwater.


Subsection 2.3.7.2.
Designation of bathing waters


Article 2.3.7.2.1. The Flemish ministers competent for the environmental and water policy and the Flemish minister competent for the health policy will together designate all bathing waters no later than 31 March of each calendar year. When designating these waters, they will also determine the start and duration of the bathing season.

Article 2.3.7.2.2.

§ 1.

At least three months before the decision on the designation of bathing waters stated in Article 2.3.7.2.1., a draft list of bathing waters shall be announced with regard to the establishment, review and updating of the bathing water lists, with a view to encouraging public participation. During a thirty-day period, all members of the public will be free to give their proposals, comments or complaints concerning the draft list.

 

§ 2.

The announcement will be made by means of:

a message on the Government of Flanders website;

publication in at least three daily or weekly newspapers;

a poster in each municipality in which a body of bathing water on the draft list is located.

 

§ 3.

The draft list of bathing waters shall announce:

the location of every body of bathing water on the draft list;

the proposed start and duration of the bathing season;

the location of the authority from which information on every body of bathing water can be obtained;

the period in which proposals, comments or complaints can be submitted;

the addresses and contact details of the authorities to which proposals, comments or complaints can be submitted.

 

§ 4.

The Flanders Environment Agency shall draw up a summary report of proposals, comments or complaints submitted with regard to the draft list. After consulting with the Flemish Agency for Care and Health, taking the aforementioned summary report into account, a reasoned, definitive proposal for a list of bathing waters will be immediately formulated with regard to the Order stated in Article 2.3.7.2.1 giving the start and duration of the bathing season.


Article 2.3.7.2.3.

The Order stated in Article 2.3.7.2.1 shall be published in the Belgian Official Journal. Determination as bathing water within the meaning of this Order shall also be made public on site no later than the day before the start of the bathing season in accordance with Article 2.3.7.2.1. The Commission shall be notified immediately of the decision and, where appropriate, of the reasons for a change in the list of bathing waters.

 


Subsection 2.3.7.3.
Classification and quality status of bathing waters


Article 2.3.7.3.1.

As a result of the bathing water quality assessment carried out in accordance with Article 3 of Part II of Appendix 2.3.3, the Flanders Environment Agency shall, in accordance with the criteria stated in Article 4 of Part II of Appendix 2.3.3., classify bathing water as:

poor;

acceptable;

good, or

excellent.

Article 2.3.7.3.2. The first classification in accordance with the requirements of this Subsection shall be completed no later than by the end of the 2015 bathing season.

Article 2.3.7.3.3. The competent authorities shall take such realistic and proportionate measures as they consider appropriate to increase the number of bathing waters classified as “excellent” or “good”. By the end of the 2015 bathing season, all bathing waters must at least be classified as “acceptable”. The Flanders Environment Agency shall ensure that these measures are taken in a timely manner, and if necessary, take the initiative itself or formulate proposals for the competent authorities.

Article 2.3.7.3.4.

Notwithstanding the general provision of Article 2.3.7.3.3, bathing waters may be temporarily classified as “poor” and still remain in compliance with the conditions of this Section. In such cases, the Flanders Environment Agency and the Flemish Agency for Care and Health shall, each in its own area, ensure that the following conditions are satisfied:

with regard to each body of bathing water classified as “poor”, the following measures shall be taken at the start of the bathing season following that of the classification:

a)

the Flemish Agency for Care and Health or the Flanders Environment Agency shall take appropriate management measures, including, where the former is concerned, a bathing ban or advice against bathing, with a view to preventing bathers’ exposure to pollution;

b)

the Flanders Environment Agency shall identify the causes and reasons for the failure to achieve an “acceptable” quality status;

c)

the Flanders Environment Agency shall take appropriate measures to prevent, reduce or eliminate the causes of pollution, and if necessary, propose measures to the competent authorities;

d)

the Flanders Environment Agency shall alert the public by means of a clear and straightforward warning sign and inform them of the causes of the pollution and of the measures taken on the basis of the bathing water profile;

if a body of bathing water is classified as “poor” for five successive years, the Flemish Agency for Care and Health will introduce a permanent bathing ban or permanent advice against bathing. However, the Flemish Agency for Health and Care may introduce a permanent bathing ban or permanent advice against bathing before the end of the five year period if the Flanders Environment Agency considers that the achievement of “acceptable quality” would be infeasible or disproportionately expensive.


Subsection 2.3.7.4.
Bathing water profiles


Article 2.3.7.4.1.

§ 1.

The Flanders Environment Agency shall ensure that bathing water profiles are established. Each bathing water profile may cover a single body of bathing water or multiple contiguous bathing waters.

 

§ 2.

The content and method of assessment, establishment and updating of the bathing water profile is determined in Articles 5 and 6 of Part II of Appendix 2.3.3..

 

§ 3.

Bathing water profiles shall be established for the first time by no later than 24 March 2011.


Subsection 2.3.7.5.
Management measures in exceptional circumstances


Article 2.3.7.5.1. The Flanders Environment Agency and the Flemish Agency for Care and Health, each in their own area, shall ensure that timely and adequate management measures are taken when they are made aware of unexpected situations that have, or could reasonably be expected to have, an adverse impact on bathing water quality and on bathers’ health. Such measures shall include providing information to the public and, if necessary, a temporary bathing ban, imposed by the Flemish Agency for Care and Health.

Article 2.3.7.5.2.

§ 1.

When the bathing water profile established in accordance with the provisions of Part II of Appendix 2.3.3 indicates a potential for cyanobacterial proliferation, the Flanders Environment Agency and the Flemish Agency for Care and Health will carry out appropriate monitoring to enable timely identification of the health risks.

 

§ 2.

When cyanobacterial proliferation occurs and a health risk has been identified or is suspected, adequate management measures to prevent exposure, including providing information to the public, shall be taken immediately.


Article 2.3.7.5.3. When the bathing water profile established in accordance with the provisions of Part II of Appendix 2.3.3 indicates a tendency for proliferation of macro-algae or marine phytoplankton, the Flanders Environment Agency and the Flemish Agency for Care and Health shall carry out investigations to determine their acceptability and health risks and take adequate management measures, including providing information to the public.

Article 2.3.7.5.4.

The Flanders Environment Agency and the Flemish Agency for Care and Health shall visually inspect bathing waters for pollution such as tarry residues, glass, plastic, rubber or any other waste.

 

When such pollution is found, the Flemish Agency for Care and Health shall take adequate measures, including, if necessary, providing information to the public.


Subsection 2.3.7.6.
Cooperation on transboundary waters


Article 2.3.7.6.1. When the situation in a river basin gives rise to transboundary impacts on bathing water quality, the competent authorities involved will cooperate as appropriate, including through the appropriate exchange of information and joint action to control these impacts. In such a case, the Flanders Environment Agency shall take the necessary initiatives with regard to the cooperative bodies charged with water quality management in international river basins as a result of international conventions to which the Flemish Region is party.

Subsection 2.3.7.7.
Providing information to the public


Article 2.3.7.7.1.

§ 1.

The Flanders Environment Agency and the Flemish Agency for Care and Health shall jointly ensure that the following information is actively circulated and promptly made available during the bathing season in an easily accessible place in the immediate vicinity of each body of bathing water:

the current bathing water classification and any bathing ban or advice against bathing, by means of a clear and simple sign or symbol;

a general description of the bathing water, in non-technical language, based on the bathing water profile stated in Section 4 of Part II of Appendix 2.3.3;

in the case of bathing waters subject to short-term pollution:

a)

notification that the bathing water is subject to short-term pollution;

b)

an indication of the number of days on which bathing was banned or advised against in the previous bathing season because of such pollution;

c)

a warning whenever such pollution is predicted or present;

information on the nature and duration of abnormal situations during such events;

in the case of a bathing ban or advice against bathing: a warning sign for the public indicating the reasons;

when introducing a permanent bathing ban or permanent advice against bathing: the fact that the area in question is no longer bathing water, and the reasons for this;

a reference to sources with more complete information in accordance with §2.

 

§ 2.

The Flanders Environment Agency and the Flemish Agency for Care and Health shall use appropriate media and technologies, including the internet, to actively and promptly circulate the information concerning bathing water quality stated in §1, as well as the following information, and, when necessary, in several languages:

a list of bathing waters;

the classification of each bathing water over the last three years and its bathing water profile, including the results of monitoring carried out in accordance with this Section since the last classification;

in the case of bathing waters classified as being “poor”, information on the causes of pollution and on the measures taken with a view to preventing bathers’ exposure to pollution and to tackle its causes as stated in Article 2.3.7.3.4;

in the case of bathing waters subject to short-term pollution, general information on:

a)

conditions that are likely to lead to short-term pollution;

b)

the risk of such pollution and the probable duration;

c)

the causes of the pollution and the measures taken with a view to preventing bathers’ exposure to pollution and to tackle its causes.

The list stated in 1° shall be made available each year before the start of the bathing season. The results of the monitoring stated in 2° shall be made available on the internet upon completion of the analyses.

 

§ 3.

The information stated in §1 and §2 shall be circulated as soon as it is available and with effect from the start of the fifth bathing season after 24 March 2008.

 

§ 4.

The Flanders Environment Agency and the Flemish Agency for Care and Health shall, wherever possible, provide information to the public using geo-referenced technology and present it in a clear and coherent manner, in particular through the use of signs and symbols.


Subsection 2.3.7.8.
Complaints centre for the public


Article 2.3.7.8.1. Pursuant to the application of the procedure stated in Article 2.3.7.2.2, the Flanders Environment Agency shall set up a permanent complaints centre. The public will be able to use every means of communication to give their proposals and comments or lodge complaints on the state of bathing water quality through this complaints centre.

Subsection 2.3.7.9.
Reporting to the European Commission


Article 2.3.7.9.1.

§ 1.

Each year, the Flanders Environment Agency shall provide the European Commission with the following through the appropriate channels:

the monitoring results for each body of bathing water;

the bathing water quality assessment in accordance with Article 3 of Part II of Appendix 2.3.3;

a description of significant management measures taken.

It shall provide this information annually by no later than 31 December in relation to the preceding bathing season. It shall begin providing it once the first bathing water quality assessment has been carried out.

 

§ 2.

The Flanders Environment Agency shall notify the European Commission annually, through the appropriate channels, before the start of the bathing season of all waters designated as bathing waters, including the reason for any change compared to the previous year. It shall do this for the first time before the start of the first bathing season after 24 March 2008.


Chapter 2.4.
ENVIRONMENTAL QUALITY STANDARDS FOR SOIL AND GROUNDWATER AND RELATIVE POLICY TASKS


Article 2.4.0.1. The provisions of this chapter are established in pursuance of the Decree of 24 January 1984 concerning measures related to groundwater management.

Section 2.4.1.
Environmental quality standards for groundwater


Article 2.4.1.1.

§ 1.

This Section provides for the partial translation of Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 concerning the protection of groundwater against pollution and deterioration.

 

§ 2.

The least stringent of the following guide values shall be used as environmental quality standards when assessing the chemical condition of groundwater:

1° 

the groundwater quality standards stated in Article 1 of Appendix 2.4.1.;

2° 

the background values, particular to the body of groundwater and not affected by discharges, stated in Article 2 of Appendix 2.4.1. 

 

The Government of Flanders shall, at the set times and at least when reviewing the river basin management or plan, assess and where necessary adjust the environmental quality standards, as referred to in Article 2.2.3, §4 of the Decree of 5 April 1995 concerning the general provisions related to environmental policy.

 

§ 3.

Threshold values shall be set for each body of groundwater in such a way that, if the measurement results at a representative measurement point exceed the threshold values, this shall indicate a risk that one or more of the conditions for the good chemical condition of the body of groundwater are not satisfied.

 

The guide values stated in Article 3 of Appendix 2.4.1. shall apply as threshold values.

 

§ 4.

The location and boundaries of the groundwater bodies shall be established by the Government of Flanders, in implementation of Article 60 of the Decree of 18 July 2003 concerning the integral water policy.

 

§ 5.

The background levels and threshold values shall be amended should this appear necessary on the basis of new information on pollutants, groups of pollutants or pollution indicators, from the analyses and assessments referred to in Article 60 of the same Decree, or from the measurement programmes referred to in Article 67 of the aforementioned Decree.

 

In the case of the protected areas referred to in Article 71 of the same Decree, stricter environmental quality standards may be set in the river basin management plans.

 

Departures from the environmental quality standards may only be permitted in the river basin management plans, in accordance with Articles 53, 54 and 56 of the same Decree.

 

§ 6.

The quantitative condition of a body of groundwater shall be determined using the criteria stated in Article 4 of Appendix 2.4.1.

 

The Flemish Minister, competent for the environment, shall set further rules for assessing these criteria, so that a decision can be made as to when a body of groundwater is in a good quantitative condition.


Section 2.4.2.
Environmental quality standards for soil


Article 2.4.2.1. The target values for environmental quality standards for soil are the standards included in Appendix 2.4.2.

Section 2.4.3.
Policy tasks


The processing of environmental licence applications for activities which have or can have the indirect discharging of hazardous substances into the groundwater as a result.

Translation not available

Article 2.4.3.1. Activities as referred to in Sections 52.1.1.3°, 52.1.2. and 52.2.3° can only be licensed if, from a prior investigation, it appears that all technical precautionary measures have been taken in order to ensure that these substances cannot reach any aquatic systems or cause damage to other ecosystems.

Article 2.4.3.2.

A licence for the indirect discharging into groundwater of substances in list II of Appendix 2B can only be granted providing that all the required precautionary measures have been taken to ensure that the discharging:

a)

cannot endanger the health of people or the water supply;

b)

cannot damage the life and the ecosystems in the water;

c)

cannot affect other justified uses of the water.


Article 2.4.3.3. The application of measures taken by virtue of this Order may in no event result in direct or indirect pollution of the groundwater.

Article 2.4.3.4. Translation not available

Article 2.4.3.5. Translation not available

Chapter 2.5.
ENVIRONMENTAL QUALITY STANDARDS FOR AIR AND RELATIVE POLICY TASKS


Article 2.5.0.1. The environmental quality standards for air are established in pursuance of the law of 28 December 1964 on the counteracting of air pollution.

Section 2.5.1.
Environmental quality standards for air


Article 2.5.1.1.

§ 1.

The standards included in Appendices 2.5.1, 2.5.3 and 2.5.8 apply as environmental quality standards for air.

 

§ 2.

The standards included in Appendix 2.5.2. apply as environmental quality standards for dust deposits.

 

§ 3.

[...]

 

§ 4.

The limit and guide values stated in Appendices 2.5.1 and 2.5.2 are applicable in all areas other than protected zones [...].

 

§ 5.

[...]


Article 2.5.1.2.

§ 1.

[...]

 

§ 2.

In the protected zones, the guide values stated in Appendices 2.5.1. and 2.5.2. apply as limit values. For the parameters for which no guide values are defined in these appendices, 80% of the limit values stated in these appendices apply as limit values.


Section 2.5.2.
Policy tasks


Subsection 2.5.2.1.
General provisions


Article 2.5.2.1.1. This Section provides for the transposition of Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe.

Article 2.5.2.1.2.

This Section sets out measures aimed at:

1° 

describing and establishing the aims for air quality in order to prevent, impede or reduce harmful consequences for human health and the environment as a whole;

assessing air quality on the basis of common methods and criteria;

obtaining data on air quality, to help combat air pollution and nuisance and monitor the long-term trends and improvements that are the result of measures;

ensuring that the data on air quality are made available to the public;

maintaining good air quality, and improving it in other cases;

promoting greater cooperation between the Member States of the European Union in reducing air pollution.


Article 2.5.2.1.3.

§ 1.

The following institutions and bodies are competent with regard to the implementation of Section 2.5.2:

 

1°  the Flanders Environment Agency is charged with:
  a)  assessment of the air quality;
  b)  ensuring the accuracy of measurements;
  c)  analysis of the assessment methods;
  d)   cooperation with the other Member States and the European Commission regarding assessment of air quality and ensuring the quality of measuring methods;
the Interregional Centre for the Environment (IRCEL) as stated in Article 6 of the agreement of cooperation between the Brussels-Capital, Flemish and Walloon Regions of 18 May 1994 related to the supervision of emissions in the air and the structuring of information, is charged with:
  a)  the coordination of reports to the European Commission;
  b)  the coordination of any Community programmes for quality assurance organised by the European Commission;
the division, competent for air pollution, is charged with:
  a) proposing measures, air quality plans and short-term action plans to improve air quality to the Flemish minister;
  b) cooperation with the other Member States and the European Commission;
the Flemish minister is charged with:
  a) submitting measures, air quality plans and short-term action plans to improve air quality to the Government of Flanders;
  b) the recognition of the measuring systems (methods, equipment, networks and laboratories). The competent institutions and bodies stated in paragraph 1 shall, where applicable, comply with the provisions of Appendix 2.5.3.1, Part C.

 

 

 

§ 2.

The Flanders Environment Agency shall send a copy of the information stated in paragraph 1, 1° to the Division, competent for air pollution.


Article 2.5.2.1.4. The Flanders Environment Agency shall subdivide the entire territory into zones and agglomerations. Air quality assessment and management shall take place in all zones and agglomerations.

Subsection 2.5.2.2.
Assessment of the air quality


Article 2.5.2.2.1.

§ 1.

The upper and lower assessment thresholds stated in Appendix 2.5.3.2, Part A apply to sulphur dioxide, nitrogen dioxide and nitrogen oxides, particulate matter (PM10 and PM2.5), lead, benzene and carbon monoxide.

 

Each zone and agglomeration is subdivided on the basis of the assessment thresholds.

 

§ 2.

The classification stated in paragraph 1 shall be reviewed at least every five years according to the procedure stated in Appendix 2.5.3.2, Part B.

 

The subdivision shall be reviewed more frequently if there are significant changes in the activities that are relevant for the concentrations of sulphur dioxide, nitrogen dioxide or, if applicable, nitrogen oxides, particulate matter (PM10 and PM2.5), lead, benzene or carbon monoxide.


Article 2.5.2.2.2.

§ 1.

The Flanders Environment Agency shall assess the air quality in all zones and agglomerations for the polluting substances stated in Article 2.5.2.2.1, in accordance with the criteria stated in paragraphs 2, 3 and 4, and in accordance with the criteria listed in Appendix 2.5.3.3.

 

§ 2.

In all zones and agglomerations where the level of the polluting substances stated in paragraph 1 exceeds the established upper threshold limit for those polluting substances, fixed measurements shall be used to assess the air quality. These fixed measurements may be supplemented with modelling techniques or indicative measurements to obtain adequate information on the spatial distribution of the air quality.

 

§ 3.

In all zones and agglomerations where the level of the polluting substances stated in paragraph 1 is lower than the established upper threshold limit for those polluting substances, a combination of fixed measurements and modelling techniques or indicative measurements may be used to assess the air quality.

 

§ 4.

In all zones and agglomerations where the level of the polluting substances stated in paragraph 1 is lower than the established lower threshold limit for those polluting substances, modelling techniques or objective estimation techniques or both shall suffice to assess the air quality.

 

§ 5.

Besides the assessments stated in paragraphs 2, 3 and 4, measurements shall be carried out at background locations in rural areas, located a certain distance from major sources of air pollution. These measurements shall at least provide information on the total mass concentration and the concentrations of the chemical compounds of fine particulate matter (PM2.5) in terms of the annual average, and shall be carried out in accordance with the following criteria:

a sampling point shall be established for every 100,000 km²;

2° 

at least one measuring station or, by mutual agreement with the neighbouring countries, one or more joint measuring stations shall be established that cover the relevant neighbouring zones, to guarantee the required spatial resolution;

if applicable, the monitoring shall be coordinated with the monitoring strategy and the measuring cooperative programme for monitoring and evaluation of the long-range transmissions of air pollutants in Europe (EMEP);

Parts A and C of Appendix 2.5.3.1 apply to the data quality targets for measurements of mass concentrations of particulate matter, and Appendix 2.5.3.4 applies in its entirety.

 

The Flanders Environment Agency shall inform the European Commission through the appropriate channels of the measuring methods used to measure the chemical composition of fine particulate matter (PM2.5). 


Article 2.5.2.2.3.

§ 1.

The location of the sampling points for measuring sulphur dioxide, nitrogen dioxide and nitrogen oxides, particulate matter (PM10 and PM2.5), lead, benzene and carbon monoxide in the air is determined in accordance with the criteria stated in Appendix 2.5.3.3.

 

§ 2.

In each zone or agglomeration where fixed measurements are the only source of data for assessing the air quality, the number of sampling points for each polluting substance in question may not be less than the minimum number of sampling points stated in Appendix 2.5.3.5, Part A.

 

§ 3.

In zones and agglomerations where the data from sampling points for fixed measurements are supplemented by data obtained from modelling or indicative measurements, the total number of sampling points stated in Appendix 2.5.3.5, Part A may be reduced by up to 50% if the following conditions have been met:

the supplementary methods provide sufficient data to assess the air quality in relation to limit values or alarm thresholds, as well as adequate data for the public;
the number of sampling points to be established and the spatial resolution of the other techniques are sufficient to determine the concentration of the polluting substance in question in accordance with the data quality targets stated in Appendix 2.5.3.1, Part A, and allow assessment results that meet the criteria stated in Appendix 2.5.3.1, Part B.  

 

The results of modelling or indicative measurements are taken into account when assessing the air quality for limit values.


Article 2.5.2.2.4. The reference measuring methods and criteria stated in Appendix 2.5.3.6, Parts A and C shall be applied. Other measuring methods may be used under the conditions stated in Appendix 2.5.3.6, Part B.

Article 2.5.2.2.5.

If, in a zone or agglomeration, the ozone concentrations have exceeded the long-term objectives stated in Appendix 2.5.3.7, Part C during one of the last five years of measurement, fixed measurements shall be carried out.

 

If no data are available for the last five years, or if only partial data are available, the VMM may, to answer the question of whether the long-term objectives stated in paragraph 1 were exceeded during these five years, combine the results of measurement campaigns of short duration carried out at times and locations where the levels were likely to be the highest with the data from emission inventories and modelling.


Article 2.5.2.2.6.

§ 1.

The location of the sampling points for ozone measurements shall be determined in accordance with the criteria stated in Appendix 2.5.3.8.

 

§ 2.

In zones or agglomerations where measurements are the only source of data for assessing the air quality, the number of sampling points for fixed measurements of ozone may not be less than the minimum number of sampling points stated in Appendix 2.5.3.9, Part A.

 

§ 3.

In zones and agglomerations where the data from sampling points for fixed measurements are supplemented by data obtained from modelling or indicative measurements, the total number of sampling points stated in Appendix 2.5.3.9, Part A may, however, be reduced if the following conditions have been met:

the additional methods provide sufficient data to assess the air quality in relation to target values, long-term objectives and information and alarm thresholds;

the number of sampling points to be established and the spatial resolution of the other techniques are sufficient to determine the ozone concentration in accordance with the data quality targets stated in Appendix 2.5.3.1, Part A, and allow assessment results that meet the criteria stated in Appendix 2.5.3.1, Part B.

in each zone or agglomeration there shall be at least one sampling point for every two million inhabitants, or at least one sampling point per 50,000 km² if that criterion gives a greater number of sampling points. In each zone or agglomeration, there shall be at least one sampling point;

nitrogen dioxide shall be measured at all remaining sampling points, except the measuring stations for determining rural background values stated in Appendix 2.5.3.8, Part A.

 

The results of modelling or indicative measurements are taken into account when assessing the air quality in relation to target values.

 

§ 4.

Nitrogen dioxide shall be measured at a minimum of 50% of the sampling points required for ozone in accordance with Appendix 2.5.3.9, Part A. Nitrogen dioxide shall be measured continuously, except in the measuring stations for determining rural background values stated in Appendix 2.5.3.8, Part A, where other measuring methods may be used.

 

§ 5.

In zones and agglomerations where the concentrations in each of the last five years of measurements lie below the long-term objectives, the number of sampling points for fixed measurements is determined in accordance with Appendix 2.5.3.9, Part B.

 

§ 6.

At least one sampling point shall be established and used to obtain data on the concentrations of the ozone precursors stated in Appendix 2.5.3.10. The number and location of the stations where the ozone precursors are measured shall be determined taking into account the objectives and methods stated in Appendix 2.5.3.10.


Article 2.5.2.2.7.

The reference method for measuring ozone stated in Appendix 2.5.3.6, Part A, point 8 shall be applied. Other measuring methods may be used under the conditions stated in Appendix 2.5.3.6, Part B.

 

The Flanders Environment Agency shall notify the European Commission, through the appropriate channels, of the methods used for the sampling and measuring of volatile organic compounds stated in Appendix 2.5.3.10.


Subsection 2.5.2.3.
Assessment of the air quality


Article 2.5.2.3.1. The necessary measures shall be taken to ensure that in zones and agglomerations where the levels of sulphur dioxide, nitrogen dioxide, PM10, PM2.5, lead, benzene and carbon monoxide in the air are lower than the respective limit values stated in Appendices 2.5.3.11 and 2.5.3.14, the levels of these substances are kept below the limit values, and that efforts are made to protect the best air quality compatible with sustainable development.

Article 2.5.2.3.2.

§ 1.

The necessary measures shall be taken to ensure that the levels of sulphur dioxide, nitrogen dioxide, PM10, lead, benzene and carbon monoxide in the air throughout the zones and agglomerations do not exceed the limit values stated in Appendix 2.5.3.11.

 

Compliance with these regulations shall be assessed in accordance with Appendix 2.5.3.3.

 

The established margins of tolerance stated in Appendix 2.5.3.11 shall be applied in accordance with Article 2.5.2.3.11, paragraph 3, and Article 2.5.2.4.1, §1.

 

§ 2.

The alarm thresholds stated in Appendix 2.5.3.12, Part A, shall apply to the concentrations of sulphur dioxide and nitrogen dioxide in the air.


Article 2.5.2.3.3. The necessary measures shall be taken to ensure that the critical level for protecting vegetation stated in Appendix 2.5.3.13 and assessed in accordance with Appendix 2.5.3.3, Part A, are observed. If fixed measurements are the only source of data for assessing air quality, the number of sampling points may not be less than the minimum number stated in Appendix 2.5.3.5, Part C. If these data are supplemented by data obtained through indicative measurements or modelling, the minimum number of sampling points may be reduced by up to 50%, provided the assessed concentrations of the polluting substance in question can be established in accordance with the data quality targets stated in Appendix 2.5.3.1, Part A.

Article 2.5.2.3.4.

All necessary measures shall be taken that do not involve any excessive costs to reduce exposure to PM2.5, with the aim of achieving the regional target value for reducing exposure stated in Appendix 2.5.3.14, Part B, for the year indicated therein.

 

The necessary measures shall be taken to ensure that the regional average exposure index for 2015, established in accordance with Appendix 2.5.3.14, Part A, does not exceed the regional exposure concentration obligation laid down in Part C of that Appendix.

 

The regional average exposure index for PM2.5 shall be assessed by the Flanders Environment Agency in accordance with Appendix 2.5.3.14, Part A.

 

In accordance with Appendix 2.5.3.3, the number of sampling points on which the regional average exposure index for PM2.5 is based, and its spread, shall be such that an accurate picture is obtained of the exposure of the population in general. The number of sampling points shall not be less than the number obtained by applying Appendix 2.5.3.5, Part B.


Article 2.5.2.3.5.

All necessary measures shall be taken that do not involve any excessive costs to ensure that the concentrations of PM2.5 in the air do not exceed the target value stated in Appendix 2.5.3.14, Part D, from the date stated therein.

 

All necessary measures shall be taken to ensure that the concentrations of PM2.5 in the air do not exceed the limit value stated in Appendix 2.5.3.14, Part E, from the date stated therein throughout the zones and agglomerations. Compliance with that regulation shall be assessed in accordance with Appendix 2.5.3.3.

 

The margins of tolerance stated in Appendix 2.5.3.14, Part E, shall be applied in accordance with Article 2.5.2.4.1, §1.


Article 2.5.2.3.6.

All necessary measures shall be taken that do not involve any excessive costs to ensure that the target values and long-term objectives are achieved.

 

For zones and agglomerations where a target value is exceeded, the programme established under Article 2.10.3.1 and, where applicable, an air quality plan shall be implemented to ensure that the target values are achieved with effect from the date stated in Appendix 2.5.3.7, Part B, except where that cannot be done with measures that do not involve any excessive costs.

 

For zones and agglomerations where the ozone levels in the air are higher than the long-term objectives, but lower than or equal to the target values, cost-effective measures shall be prepared and implemented with the aim of achieving the long-term objectives. These measures must be in accordance with the air quality plan and with the programme stated in paragraph 2.


Article 2.5.2.3.7. In zones and agglomerations where the ozone levels meet the long-term objectives, the necessary measures shall be taken to keep these levels below the long-term objectives, provided factors such as the cross-border nature of ozone pollution and meteorological conditions so permit, and the best possible air quality that is compatible with sustainable development and a high level of protection of human health and the environment shall be maintained by taking proportionate measures.

Article 2.5.2.3.8. If the information threshold stated in Appendix 2.5.3.12, or one of the alarm thresholds stated in Appendix 2.5.3.12, is exceeded, the Flanders Environment Agency shall take the necessary steps to notify the public by radio, television, newspapers or the internet. The Flanders Environment Agency shall provide the European Commission with information, through the appropriate channels and on a provisional basis, on the recorded levels of and duration of the periods in which the alarm threshold or information threshold was exceeded.

Article 2.5.2.3.9.

The Flanders Environment Agency shall provide the European Commission, through the appropriate channels, with a list for a particular year of zones and agglomerations where exceedances of limit values for a particular pollutant can be attributed to natural sources. Information shall also be provided on the concentrations and sources and the evidence showing that the exceedances can be attributed to natural sources.

 

When the European Commission has been notified of an exceedance attributable to natural sources in accordance with paragraph 1, this exceedance shall not be regarded as an exceedance within the meaning of this Section.


Article 2.5.2.3.10. The Flanders Environment Agency may designate zones or agglomerations where the limit values are exceeded by concentrations of PM10 in the air that are attributable to the re-suspension of particles as a result of the spreading of sand and salt on the roads in winter. The Flanders Environment Agency shall provide the European Commission, through the appropriate channels, with a list of all these zones or agglomerations, together with information on the PM10 concentrations and sources present therein. When the Flanders Environment Agency notifies the European Commission of this in accordance with Article 2.5.2.5.2 through the appropriate channels, it shall provide the necessary proof that these exceedances were caused by such re-suspended particles, and that a reasonable attempt has been made to lower the concentrations. Without prejudice to Article 2.5.2.3.9, for the zones and agglomerations stated in paragraph 1, the air quality plan stated in Article 2.5.2.4.1 shall only be established if the exceedances are attributable to other PM10 sources than the spreading of sand and salt on the roads in winter.

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:

 

the Flemish minister informs the European Commission of the intention to apply paragraph 1 or 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;  
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.


Subsection 2.5.2.4.
Plans


Article 2.5.2.4.1.

§ 1.

If the level of polluting substances in the air in particular zones or agglomerations exceed a limit value or target value, in both cases increased by the applicable margin of tolerance, air quality plans shall be established for these zones and agglomerations to achieve the limit value or target value in question stated in Appendices 2.5.3.11 and 2.5.3.14.

 

If limit values for which the deadline for compliance has already passed are exceeded, appropriate measures shall be taken in the air quality plans to keep the period of exceedance as short as possible. The air quality plans may also include measures aimed at protecting vulnerable population groups, such as children.

 

The air quality plans shall at least include the information stated in Appendix 2.5.3.15, Part A, and may include measures in accordance with Article 2.5.2.4.2. After having been established by the Government of Flanders, the plans shall be communicated to the European Commission through the appropriate channels immediately, but no later than two years after the end of the year in which the first exceedance was recorded, by the Division competent for air pollution.

 

If a plan has to be drawn up or implemented for different polluting substances, where appropriate, integrated air quality plans shall be drawn up and implemented for all the polluting substances in question.

 

§ 2.

Where feasible, cohesion shall be ensured with other plans or programmes required pursuant to Article 2.10.3 and Article 2.2.4.4 to achieve the relevant environmental objectives.


Article 2.5.2.4.2.

§ 1.

If, in a particular zone or agglomeration, there is a risk that the levels of polluting substances will exceed one or more alarm thresholds as stated in Appendix 2.5.3.12, action plans shall be drawn up containing measures to be taken in the short term to limit the risk of exceedance or its duration. If that risk applies to one or more of the limit values or target values stated in Appendices 2.5.3.7, 2.5.3.11 and 2.5.3.14, short-term action plans may also be drawn up if appropriate. If, however, there is a risk that the alarm threshold for ozone stated in Appendix 2.5.3.12, Part B, will be exceeded, short-term action plans shall only be drawn up if, taking national geographical, meteorological and economic circumstances into account, there are ample opportunities for reducing the risk, the duration or the seriousness of such an exceedance. If a short-term action plan is drawn up, consideration shall be given to Commission Decision 2004/279/EC of 19 March 2004 concerning guidance for transposition of Directive 2002/3/EC of the European Parliament and of the Council relating to ozone in ambient air.

 

§ 2.

The short-term action plans stated in paragraph 1 may, as appropriate, provide for effective measures to manage and if necessary suspend activities that contribute to the risk of the respective limit values, target values or alarm thresholds being exceeded. The action plans may include measures for the movement of motor vehicles, construction works, ships at berth, and the use of industrial plants or products, and domestic heating. As part of these plans, specific actions could also be considered to protect vulnerable population groups, such as children.

 

§ 3.

When a short-term action plan is drawn up, the results of investigations into the feasibility and content of the specific short-term action plans, together with information on the implementation of these plans, shall be made available to the public and to interested organisations, such as environmental organisations, consumer organisations, organisations representing the interests of vulnerable population groups, other bodies involved in healthcare, and interested trade unions.


Article 2.5.2.4.3.

Without prejudice to Article 2.5.2.4.2, §3, the plans and programmes stated in this Subsection, and any amendment or revision thereof, shall be drawn up as follows:

the Division competent for air pollution, shall draw up the draft plan and programme, amend or revise existing plans or programmes and may also involve the most interested government bodies, establishments, private-law organisations and social and societal groups. The draft plan or programme or the draft amendment or revision shall then be communicated to the public as stated in 2° and 3°; 

2° 

the draft plan or programme or the draft amendment or revision shall, following approval by the Government of Flanders, be published in excerpt in the Belgian Official Journal by the Division competent for air pollution. The Division competent for air pollution shall also ensure the public are actively consulted through the customary channels, such as electronic devices and media, including publication in two newspapers, and via the website of the Division competent for air pollution. At the time of notification, reference shall be made to the public's right to participate in decisions concerning the plans and programmes, and it shall be indicated to which authority questions and comments as stated in this Article must be directed. For a period of one month, beginning on the day after publication in the Belgian Official Journal, the public may bring objections or comments, in writing, to the notice of the Division competent for air pollution; 

3° 

concurrent with its publication, the draft shall be sent to the Environmental and Nature Council of Flanders and the Social and Economic Council of Flanders, which shall give their recommendation and their reasons for this recommendation within a time limit of one month of receipt of the draft. These recommendations are not binding; 

4° 

the plan or programme or the amendment or revision thereof shall be established by the Government of Flanders, taking into account the recommendations and any objections or comments submitted. If the Government of Flanders does not follow, either wholly or in part, the recommendation issued by the Environmental and Nature Council of Flanders or the Social and Economic Council of Flanders, or the objections and comments notified by the public, it shall justify this in a report, attached to the publication stated in point 5°; 

5° 

the plan or programme or the amendment or revision thereof, together with the report stated in point 4°, shall be communicated to the public by being published in two newspapers and via the website of the Division competent for air pollution. The plan or programme shall be published in excerpt in the Belgian Official Journal. 


Article 2.5.2.4.4.

If an alarm threshold, limit value or target value, increased by the applicable margin of tolerance, or a long-term objective is exceeded as a result of the significant cross-border transport of polluting substances or the precursors thereof, Belgium shall cooperate with the countries in question and, if possible, develop joint activities, such as the drawing up of joint or coordinated air quality plans in accordance with Article 2.5.2.4.1 to remove the exceedances by implementing appropriate but proportionate measures.

 

The European Commission is invited to be present at and cooperate in the collaborative activities stated in paragraph 1. If appropriate in accordance with Article 2.5.2.4.2, joint short-term action plans shall be drawn up and implemented that cover neighbouring zones in other countries. The Flemish minister shall ensure that if neighbouring zones in other countries have developed short-term action plans, they receive all the relevant data.

 

If the information threshold or the alarm thresholds are exceeded in zones or agglomerations close by national borders, the Interregional Cell for the Environment shall provide the competent authorities of the neighbouring country in question with information as quickly as possible. This information shall also be made available to the population.

 

When drawing up plans in accordance with paragraphs 1 and 3 and when providing information to the population in accordance with paragraph 4, if appropriate, an effort shall be made to cooperate with third countries and specifically with candidate Member States of the European Union.


Subsection 2.5.2.5.
Information and reporting


Article 2.5.2.5.1.

§ 1.

The Flanders Environment Agency shall ensure that the population, as well as interested organisations, such as environmental organisations, consumer organisations, organisations representing the interests of vulnerable population groups, other bodies involved in healthcare, and interested trade unions receive adequate and timely notification of the air quality, in accordance with Appendix 2.5.3.16.

 

The Division, competent for air pollution, shall ensure that the population, as well as interested organisations, such as environmental organisations, consumer organisations, organisations representing the interests of vulnerable population groups, other bodies involved in healthcare, and interested trade unions receive adequate and timely notification of:

1° 

the deferral decisions stated in Article 2.5.2.3.11, paragraph 1; 

2° 

the exemptions stated in Article 2.5.2.3.11, paragraph 2;

3° 

the air quality plans stated in Article 2.5.2.3.11, paragraph 1, Article 2.5.2.4.1 and Article 2.5.2.4.2 and the programmes stated in Article 2.5.2.3.6, paragraph 2. 

 

The data shall be made available free of charge through generally accessible media, including the internet or other suitable forms of telecommunication. In so doing, consideration shall be given to the provisions of the Decree of 20 February 2009 on the Geographical Data Infrastructure of Flanders and its implementing orders.

 

§ 2.

The Flanders Environment Agency shall make annual reports available to the population on all polluting substances covered by this Section.

 

The reports shall contain a summary of the concentrations which the limit values, target values, long-term objectives, information thresholds and alarm thresholds have exceeded during the established averaging periods. A brief assessment of all the consequences of the exceedances shall be included with the data. Where appropriate, the reports may include more specific data on and assessments of forest protection, as well as data on other polluting substances for which provisions relating to monitoring are included, such as sundry non-regulated ozone precursors as stated in Appendix 2.5.3.10, Part B.


Section 2.5.3.
Assessment and management of air quality


Subsection 2.5.3.1.
Objectives


Article 2.5.3.1. [...]

Subsection 2.5.3.2.
Execution and responsibilities

[...]


Article 2.5.3.2. [...]

Subsection 2.5.3.3.
Establishment of the limit values and alarm thresholds for air


Article 2.5.3.3. [...]

Subsection 2.5.3.4.
Prior assessment of the air quality

[...]


Article 2.5.3.4. [...]

Subsection 2.5.3.5.
Assessment of the air quality


Article 2.5.3.5. [...]

Subsection 2.5.3.6.
General requirements related to the improvement of the air quality


Article 2.5.3.6. [...]

Subsection 2.5.3.7.
Measures applicable in zones where the levels are higher than the limit value


Article 2.5.3.7. [...]

Subsection 2.5.3.8.
Requirements applicable in zones where the levels are under the limit value


Article 2.5.3.8. [...]

Subsection 2.5.3.9.
Measures for cases in which the levels are above the alarm thresholds


Article 2.5.3.9. [...]

Subsection 2.5.3.10.
Submission of information and reports


Article 2.5.3.10. [...]

Section 2.5.4.
Assessment and management of sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead


Subsection 2.5.4.1.
Sulphur dioxide


Article 2.5.4.1. [...]

Subsection 2.5.4.2.
Nitrogen dioxide and oxides of nitrogen


Article 2.5.4.2. [...]

Subsection 2.5.4.3.
Particulate matter


Article 2.5.4.3. [...]

Subsection 2.5.4.4.
Lead


Article 2.5.4.4. [...]

Subsection 2.5.4.5.
Assessment of the concentrations


Article 2.5.4.5. [...]

Subsection 2.5.4.6.
Public information


Article 2.5.4.6. [...]

Section 2.5.5.
Assessment and management of benzene and carbon monoxide


Subsection 2.5.5.1.
Benzene


Article 2.5.5.1. [...]

Subsection 2.5.5.2.
Carbon monoxide


Article 2.5.5.2. [...]

Subsection 2.5.5.3.
Assessment of the concentrations


Article 2.5.5.3. [...]

Subsection 2.5.5.4.
Information for the public


Article 2.5.5.4. [...]

Section 2.5.6.
Assessment and management of OZONE


Subsection 2.5.6.1.
Guide values and long-term objectives


Article 2.5.6.1. [...]

Subsection 2.5.6.2.
Assessment of ozone and precursor concentrations


Article 2.5.6.2. [...]

Subsection 2.5.6.3.
Requirements in zones and agglomerations for the achieving of the guide values and long-term objectives


Article 2.5.6.3. [...]

Subsection 2.5.6.4.
Information for the public


Article 2.5.6.4. [...]

Subsection 2.5.6.5.
Safety measures


Article 2.5.6.5. [...]

Subsection 2.5.6.6.
Cross-border air pollution


Article 2.5.6.6. [...]

Subsection 2.5.6.7.
Submission of information and reports to the European Commission


Article 2.5.6.7. [...]

Section 2.5.7.
Assessment and management of arsenic, cadmium, nickel and polycyclic aromatic hydrocarbons, and assessment of mercury


Subsection 2.5.7.1.
Environment quality standards for arsenic, cadmium, nickel and polycyclic aromatic hydrocarbons


Article 2.5.7.1. Translation not available

Subsection 2.5.7.2.
Assessment of concentrations in the ambient air and of depositions


Article 2.5.7.2.

§ 1.

The Flanders Environment Agency assesses the air quality of arsenic, cadmium, nickel and benzo(a)pyrene across the entire territory.

 

§ 2.

Measurement in accordance with the criteria stated in §7 is compulsory in the following zones:

zones and agglomerations where the levels lie between the upper and lower assessment threshold, and

other zones and agglomerations where the levels exceed the upper assessment threshold.

The measurements can be supplemented by models that offer an adequate level of information on the quality of the air.

rmation on the quality of the air.

 

§ 3.

A combination of measurements, including indicative measurements in accordance with Appendix 2.5.8.4, Part I, and models can be used to assess air quality in zones and agglomerations where levels lie between the upper and lower assessment threshold for a representative period. This is established according to the provisions stated in Appendix 2.5.8.2, Part II.

 

§ 4.

In zones and agglomerations where the levels lie below the lower assessment threshold, as established according to the provisions stated in Appendix 2.5.8.2, Part II, the levels may only be assessed through the use of models or techniques based on objective estimates.

 

§ 5.

If polluting substances have to be measured, these measurements are taken at permanent measuring points, either continuously, or by means of random sampling. The number of measurements must be high enough to establish these levels.

 

§ 6.

Where arsenic, cadmium, nickel and benzo(a)pyrene in the air is concerned, the upper and lower assessment thresholds stated in Appendix 2.5.8.2, Part I, apply. The classification of each zone or agglomeration for the purpose of implementing this Article must be evaluated at least once every five years according to the procedure stated in Appendix 2.5.8.2, Part II. However, this classification will be evaluated earlier if significant changes occur in activities relevant to the concentrations of arsenic, cadmium, nickel and benzo(a)pyrene in the air.

 

§ 7.

The criteria for establishing the location of sampling points at which concentrations of arsenic, cadmium, nickel and benzo(a)pyrene in the air are measured to assess whether the target values are being met, are stated in Appendix 2.5.8.3, Parts I and II. The minimum number of sampling points for fixed measurements of concentrations of each of the polluting substances is stated in Appendix 2.5.8.3, Part IV. The sampling points are set in each zone or agglomeration in which measurements are to be taken if fixed measurements are the only source of data on concentrations in this zone or agglomeration.

 

§ 8.

To assess the content of benzo(a)pyrene in the air, other relevant polycyclic aromatic hydrocarbons are monitored at a small number of measuring points. These compounds contain at least benzo(a)anthracene, benzo(b)fluoranthene, benzo(j)fluoranthene, benzo(k)fluoranthene, indeno(1,2,3-cd)pyrene and dibenzo(a,h)anthracene. Measuring points for these polycyclic aromatic hydrocarbons are set up at the same location as the measuring points for benzo(a)pyrene and must be selected in such a way that geographic variations and long term trends can be noted. Appendix 2.5.8.3, Parts I, II and III apply.

 

§ 9.

Irrespective of the concentration levels, where background values are concerned a sampling point must be set up for indicative air measurements of arsenic, cadmium, total gaseous mercury, nickel, benzo(a)pyrene and the remaining polycyclic aromatic hydrocarbon compounds stated in §8 and of the total deposition of arsenic, cadmium, mercury, nickel, benzo(a)pyrene and the remaining polycyclic aromatic hydrocarbons stated in §8. At least one measuring station is to be set up. With mutual agreement and in accordance with European Commission guidelines, one or more communal measuring stations covering neighbouring zones in adjacent countries can be set up to achieve the required spatial resolution (1 station per 100,000 km²). It is recommended that divalent mercury be measured in particulate form and as gas. Wherever useful, the monitoring must be coordinated with the monitoring strategy and measuring programme operated by the Cooperative programme for monitoring and evaluation of the long-range transmissions of air pollutants in Europe (European Monitoring and Evaluation of Pollutants, EMEP). The sampling points for these polluting substances must be selected in such a way that geographical variation and long-term trends can be noted. Appendix 2.5.8.3, Parts I, II and III apply.

 

§ 10.

Where regional patterns of influence on ecosystems are being assessed, the use of bio-indicators can be considered.

 

§ 11.

In zones and agglomerations in which the information from permanent measuring stations is supplemented by information from other sources, such as emission inventories, indicative measurement methods or air quality models, the number of permanent measuring stations set up and the spatial resolution of other techniques must be adequate to establish the concentrations of polluting substances in the air in accordance with Appendix 2.5.8.3, Part I, and Appendix 2.5.8.4, Part I.

 

§ 12.

The quality objectives for the data are stated in Appendix 2.5.8.4, Part I. If the assessment makes use of air quality models, Appendix 2.5.8.4, Part II shall apply.

 

§ 13.

The reference methods for the sampling and analysis of airborne arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons are stated in Appendix 2.5.8.5, Parts I, II and III. The reference techniques for measuring the total deposition of arsenic, cadmium, mercury, nickel and the polycyclic aromatic hydrocarbons are stated in Appendix 2.5.8.5, Part IV, and the reference techniques for air quality models are given in Appendix 2.5.8.5, Part V, if these techniques are available.

 

§ 14.

Via the appropriate channels, the Flanders Environment Agency informs the European Commission by no later than 15 February 2007 of the methods used for the prior air quality assessment according to Article 2.5.3.10, 5°, of Title II of the VLAREM.


Subsection 2.5.7.3.
Submission of information and reports to the European Commission


Article 2.5.7.3. Translation not available

Subsection 2.5.7.4.
Information for the public


Article 2.5.7.4.

The Flanders Environment Agency ensures that clear and understandable information is accessible for, and regularly made available to, the public and to qualified organisations such as environmental organisations, consumer organisations, organisations representing the interests of vulnerable groups of the population, and other relevant healthcare authorities, on the concentrations of arsenic, cadmium, mercury, nickel and benzo(a)pyrene, and on the remaining airborne polycyclic aromatic hydrocarbons, stated in Article 2.5.7.2, §8 as well as on the total deposition of arsenic, cadmium, mercury, nickel and benzo(a)pyrene and the remaining polycyclic aromatic hydrocarbons stated in Article 2.5.7.2, §8.

 

This information will also give the annual exceedances of the target values for arsenic, cadmium, nickel and benzo(a)pyrene in accordance with Appendix 2.5.8.1. The information also indicates the reasons for the value being exceeded and the area in which it applies. It will also contain a brief assessment of the target value and appropriate information on health implications and environmental effects.

 

The Air, Nuisance, Risk Management, Environment & Health Division provides information on any measures taken by virtue of Article 2.5.7.1 for the organisations stated in paragraph 1.

 

The information stated in paragraph 1, paragraph 2 and paragraph 3, is made available via channels such as the internet, the press and other easily accessible media.


Chapter 2.6.
POLICY TASKS CONCERNING ASBESTOS CONTROL


Article 2.6.0.1. The provisions of this chapter are established in pursuance of the law of 26 March 1971 on the protection of surface waters against pollution and the law of 28 December 1964 on the counteracting of air pollution.

Article 2.6.0.2.

In accordance with Directive 87/217/EEC, the EU Commission is informed as follows by the Public Waste Agency of Flanders (OVAM) through the appropriate channels:

-

every three years on the enforcement of this Directive.

-

the sampling and analysis procedures and methods used for determining the asbestos concentrations as well as information of importance for the assessment of their effectiveness.


Chapter 2.7.
POLICY TASKS RELATING TO WASTE MATERIALS


Section 2.7.1.
Reporting to the European Commission


Article 2.7.1.1.

§ 1.

In accordance with Article 15 of EC Directive 1999/31/EC of 26 April 1999 on the landfill of waste, every three years the OVAM sends to the European Commission through the appropriate channels a report about the implementation of this EC Directive, in which special attention is devoted to the Flemish strategies that must be developed in compliance with Article 5 of the same Directive for waste and forms of treatment not acceptable in landfills. The report shall be drawn up on the basis of a questionnaire or outline drafted by the European Commission according to the procedure laid down in Article 6 of EC Directive 91/692/EEC.

 

§ 2.

The report shall be sent to the European Commission, in each case within nine months of the end of the three-year period covered by it.


Article 2.7.1.2.

 

In accordance with the Council Decision of 19 December 2002 establishing criteria and procedures for the acceptance of waste at landfills in accordance with Article 16 of and Annex II to Directive 1999/31/EC of 26 April 1999 on the landfill of waste, more specifically point 2 of its Annex, the OVAM draws up an annual report on the number of licences issued in compliance with the provisions of Article 5.2.4.1.6, §2.

 

 

 

The reports are sent every three years by the OVAM through the appropriate channels to the European Commission as part of the reporting stated in Article 2.7.1.1.

 


Article 2.7.1.3.

In accordance with Article 72 of Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control), every three years OVAM shall send the European Commission a report, through the appropriate channels, on the implementation of Chapter IV of this European Directive.

 

The report shall be sent to the European Commission electronically.

 

The report shall be published by OVAM.


Section 2.7.2.
Reporting for public perusal


Article 2.7.2.1. Translation not available

Chapter 2.8.
Policy tasks relating to best available techniques


Section 2.8.0.
Policy tasks to implement Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control


Article 2.8.0.1. [...]

Article 2.8.0.2. [...]

Article 2.8.0.3. [...]

Article 2.8.0.4. Control of ammonia

[...]


Section 2.8.1.
Policy tasks to implement Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control)


Article 2.8.1.1. Translation not available

Section 2.8.2.
Policy tasks relating to the production of Flemish BAT studies


Article 2.8.2.1.

To support the establishment of environmental conditions, Flemish BAT studies can be produced:

if, after a thorough assessment, this is deemed to be necessary for the specific Flemish situation. This is possible in the following instances:

a)

on account of a Flemish policy priority, or

b)

a Flemish environmental problem is involved (exceedances of one or more European environmental quality standards), or

c)

a sector requests new or updated Flemish sectoral environmental conditions (not stated at European level);

if the establishments classified as causing a nuisance have been identified as the main cause (if not the BAT philosophy must first be applied to the more important sources).

 

For the purposes of this Section, a Flemish BAT study is understood to mean: a document that is the result of the exchange of information organised pursuant to Article 2.8.2.2, paragraph 2, which is produced for clearly defined activities and more specifically provides a description of techniques used, current emissions and consumption levels, techniques considered for determining best available techniques, as well as recommendations for environmental regulations and possible emerging techniques, with particular attention to the criteria stated in Appendix 18 of Title I of the VLAREM.


Article 2.8.2.2.

The Flemish BAT studies are produced or revised by the research institution appointed by the Government of Flanders.

 

For each Flemish BAT study, a support committee is set up by the steering committee stated in Article 2.8.2.3. To produce, revise and where necessary update the Flemish BAT studies, the research institution appointed by the Government of Flanders organises and coordinates the exchange of information within the support committee between the technical experts who act as representatives of the advisory government bodies stated in Article 20, §1, of Title I of the VLAREM, the Environmental Inspectorate Department, the business sectors concerned, the non-governmental organisations that promote environmental protection and other parties concerned.

 

The support committee meets at least three times, once at the start of the Flemish BAT study and at least twice to discuss successive draft versions of the Flemish BAT study.

 

During the discussion of the pre-final draft, an effort is made to reach a consensus within the support committee regarding the Flemish BAT study. The research institution appointed by the Government of Flanders takes into account the opinions of the support committee when preparing the final draft of the Flemish BAT study, and presents the final draft to the support committee in writing. If the support committee fails to reach a consensus regarding the final draft, the differing opinions and supporting arguments are set down in an appendix to the Flemish BAT study, together with a reply from the research institution appointed by the Government of Flanders.

 

The final draft is also submitted to the steering committee stated in Article 2.8.2.3. Any comments from the steering committee and the supporting arguments are set down in an appendix to the Flemish BAT stud, together with a reply from the research institution appointed by the Government of Flanders.

 

The finished Flemish BAT study is made available to the public, at least through the internet.


Article 2.8.2.3. Translation not available

Article 2.8.2.4. Translation not available

Chapter 2.8bis.
Policy tasks with respect to the European register for pollutants


Article 2.8bis.0.1. Translation not available

Article 2.8bis.0.2. Translation not available

Article 2.8bis.0.3.

§ 1.

The department reports annually by electronic data transfer and through the appropriate channels to the European Commission in conformity with Article 7 of the Regulation.

 

§ 2.

the Division, competent for the international environmental policy, reports each third reporting year through the appropriate channels to the European Commission on the supplementary information stated in Article 16 of the Regulation.


Chapter 2.9.
POLICY TASKS RELATING TO THE LIMITATION OF THE EMISSION OF VOLATILE ORGANIC COMPOUNDS AS A RESULT OF THE USE OF ORGANIC SOLVENTS WITH CERTAIN ACTIVITIES AND INSTALLATIONS


Article 2.9.0.1. Translation not available

Article 2.9.0.2. Translation not available

Article 2.9.0.3.

§ 1.

The Division competent for air pollution is appointed as the authority for the exchanging of the information as stated in Article 7, paragraph 1, of Council Directive 1999/13/EC and in Article 64 of Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control). The minister informs the European Commission of this appointment through the appropriate channels.

 

§ 2.

In accordance with Council Directive 1999/13/EC, every three years the Department competent for air pollution reports to the European Commission through the appropriate channels with regard to the implementation of this Directive. The report is submitted to the Commission within nine months of the period of three years to which it relates. With the exception of the limitations stated in Article 5.59.2, second and third paragraph, of Directive 90/313/EEC, the Department competent for air pollution publishes the reports at the time of submitting them to the Commission. The first report relates to the first three years after 1 April 2001.

 

§ 3.

The report stated in §2 is formulated on the basis of a questionnaire or outline developed by the Commission acting according to the procedure laid down in Article 6 of Directive 1991/692/EEC.

 

The report shall include sufficient representative information to demonstrate that the requirements stated in Article 5 of Directive 1999/13/EC have been met. This report shall also include a summary of the derogations granted with the implementation of Article 5.59.2.1, §2, of this Order.


Chapter 2.10.
POLICY TASKS RELATING TO EMISSION CEILINGS FOR SO2, NOx, VOC AND NH3

Translation not available

Translation not available

Translation not available

Section 2.10.1.
Emission ceilings

Translation not available

Article 2.10.1.1. Translation not available

Translation not available

Section 2.10.2.
Interim policy objectives

Translation not available

Article 2.10.2.1. Translation not available

Translation not available

Section 2.10.3.
Programmes

Translation not available

Article 2.10.3.1. Translation not available

Translation not available

Section 2.10.4.
Emission inventories and forecasts

Translation not available

Article 2.10.4.1. Translation not available

Translation not available

Translation not available

Section 2.10.5.
Reporting to the European Commission

Translation not available

Article 2.10.5.1. Translation not available

Translation not available

Translation not available

Translation not available

Translation not available

Chapter 2.11.
Policy tasks relating to the restriction of emissions of NOx, SO2 and dust as a result of emissions from large combustion plants.

Translation not available

Section 2.11.1.
Emissions inventory and reporting to the European Commission


Article 2.11.1.1. [...]

Article 2.11.1.2.

For each calendar year, the Flanders Environment Agency shall draw up an inventory of the emissions of NOX, SO2 and dust and of the energy input relating to all combustion plants with a total nominal thermal input capacity of 50 MW or more, with the exception of those installations stated in Article 5.43.1.2. The annual emission inventory for each installation shall be drawn up taking into account the aggregation rules stated in Article 5.43.3.1, and at least include the following information:

the total thermal input capacity (MW) of the combustion plant;

the type of combustion plant: steam boiler, gas turbine, gas or diesel engine, other (indicating the type);

the date on which the combustion plant was commissioned;

the total annual emissions, expressed in tonnes per annum, SO2, NOx and dust (as total suspended particulate matter);

the number of operating hours for the combustion plant;

the total amount of energy consumed each year, expressed as the net calorific value (TJ per annum) and stated for the following categories of fuel: coal, lignite, biomass, turf, other solid fuels (indicating the type), liquid fuels, natural gas or other gases (indicating the type).

 

On the request of the European Commission, the Flanders Environment Agency shall make the information stated in paragraphs 1 and 2 available to the European Commission through the appropriate channels.


Article 2.11.1.3.

§ 1.

Every three years the Flanders Environment Agency draws up a summary of the results of the inventory stated in Article 2.11.1.2, in which the emissions of each refinery are separately stated.

 

§ 2.

Within twelve months of the end of the period of three years, the Flanders Environment Agency reports through the appropriate channels to the European Commission in accordance with paragraph 1.


Translation not available

Translation not available

Section 2.11.2.
Reporting to the European Commission


Article 2.11.2.1. Translation not available

Article 2.11.2.2.

Each year the Flanders Environment Agency collects the information concerning combustion plants that, in compliance with Article 5.43.3.15, are considered for a derogation from the emission limit values, and from 1 January 2016 each year shall draw up an overview of the used and unused time for the remaining operating time of such plants.

 

With effect from 1 January 2016, each year the Flanders Environment Agency shall report to the European Commission through the appropriate channels.


Translation not available

Chapter 2.12.
Policy tasks relating to the management of waste from extractive industries


Article 2.12.0.1. Translation not available

Article 2.12.0.2.

§ 1.

The Division, competent for natural resources, is appointed as the competent authority to keep the inventory of closed waste facilities.

 

§ 2.

The Database for the Subsoil of Flanders shall publish the inventory stated in §1 and shall do so via suitable applications.

 

§ 3.

An inventory of closed waste facilities with a serious negative impact on the environment, or which have the potential of becoming a serious threat to human health or the environment in the medium or short term, is drawn up and periodically updated. This inventory is to be made available to the public and is to be drawn up by no later than 1 May 2012, taking into account the methodologies stated in Article 21 of Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries, where these are available.


Article 2.12.0.3. Translation not available

Chapter 2.13.
Policy tasks for limiting the use of perfluorooctane sulfonates


Article 2.13.1.1. [...]

CHAPTER 2.14.
Environmental quality standards for electromagnetic waves and relative policy tasks


Section 2.14.1.
General provisions


Article 2.14.1.1.

The provisions of this chapter apply to electromagnetic waves with a frequency between 10 MHz and 10 GHz, which come from fixed and temporary transmitting antennas.

 

The provisions of this chapter are not applicable to electromagnetic waves that come from:

 

mobile transmitting antennas;

medical equipment and industrial applications for the space in which the source of the electromagnetic waves is located.

 

For the fixed transmitting antennas that are used to guarantee the safety of aviation, an exemption may be requested from the minister if a restriction of the power of the fixed transmitting antennas is contrary to international standards and regulations on aviation safety (ICAO).


Section 2.14.2.
Environmental quality standards for electromagnetic waves with a frequency between 10 MHz and 10 GHz


Article 2.14.2.1.

The values stated in the table below for electrical field strength in V/m apply as limit values for the Eav, 6 min level of electromagnetic waves, where f is the frequency in MHz, and Eiref is the reference level for the electrical field strength.

 

 

frequency:
f in MHz

electric field strength:
E in V/m (Eiref)

10 to 400

13.7

400 to 2000

0.686 f

2000 to 10,000

30.7

 

For composite fields, the electrical field strength must be limited so that:

 

 

 

Ei: the electrical field strength at the frequency i;

Eiref: the reference level for the electrical field strength, stated in paragraph 1.

 

The provisions do not apply within the safety zone of a fixed or temporary transmitting antenna.


Section 2.14.3.
Policy tasks


Article 2.14.3.1. The minister shall establish the measuring procedure and the measuring strategy for electromagnetic waves.

Article 2.14.3.2. The Division, competent for environmental pollution from electromagnetic waves, shall produce a register of fixed transmitting antennas. That register shall at least include the technical file of fixed transmitting antennas, as stated in Article 6.10.2.1, paragraph 1, if they are used for telecommunications, with the exception of temporary transmitting antennas. The register shall at least include: the precise location of the transmitting antenna, the type, its dimensions, the direction and the transmitting power. The anticipated exposures shall be given for the control points for which simulations were carried out.

Article 2.14.3.3. [...]

CHAPTER 2.15.
Policy tasks relating to industrial emissions


Article 2.15.0.1. In accordance with Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control), the European Commission shall be notified by the competent public authorities, each in its own area, through the appropriate channels, of the information requested in accordance with Article 72 of this Directive, without prejudice to Chapter 2.11.

Chapter 2.16.
Policy tasks relating to energy efficiency


Article 2.16.1. Translation not available