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30 JULY 2010. - An Act to amend the Act of 5 May 1997 on the Coordination of Federal Sustainable Development Policy

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - General provisions
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. For the purposes of this Act, it is necessary to hear by "law", the Act of 5 May 1997 on the coordination of the federal policy of sustainable development.
CHAPTER 2. - Amendments to the Act of 5 May 1997 on the Coordination of Federal Sustainable Development Policy
Art. 3. Section 2, 1°, of the Act is replaced by the following:
"1° sustainable development: development that meets the needs of the generations of the present without compromising the ability of future generations to respond to their needs. Its implementation requires a process of change adapting the use of resources, the allocation of investments, the targeting of technological development and institutional structures to both current and future needs; "
Art. 4. Section 2, 2°, of the Act is repealed.
Art. 5. Section 2, 3°, of the Act is replaced by the following:
"3rd Minister: the Minister or the Secretary of State who has Sustainable Development in his powers; "
Art. 6. In section 2 of the law, a 7° is inserted:
« 7° Service: the public service that was commissioned by the King to prepare and coordinate the implementation of the sustainable development policy. »
Art. 7. In section 2 of the law, an 8° is inserted:
"8° the cycle of federal plans and reports for sustainable development: the periodic planning and reporting mechanism, as well as the consultative process, as established by this law, to establish a continuous improvement in the quality of the political process of sustainable development. This cycle is the federal strategy for sustainable development and aims at the full implementation of successive United Nations conferences on sustainable development since the Rio Conference in 1992. »
Art. 8. A chapter I^er/1 is inserted into the law, as follows:
“Chapter I^er/1. The long-term strategic vision for sustainable development
Art. 2/1. The King sets out after parliamentary debate and with civil society the long-term federal strategic vision of sustainable development, hereafter referred to as the "long-term vision", by a deliberate decree in the Council of Ministers.
The long-term vision includes the long-term objectives pursued by the federal government in its policies. It guides the cycle of sustainable development plans and reports established by this Act. It serves as a framework for the activities of the Commission, the Service and the Federal Office of the Plan. It also sets out a set of indicators to report on the achievement of these objectives.
This long-term vision aims to meet Belgium's commitments at the international and European levels.
In preparing the draft Plan, the Commission can jointly transmit to the Minister a project to update the long-term vision on the basis of the evolution of the international commitments made by Belgium and on the basis of the Report.
The obligation referred to in paragraph 1^er does not apply if the Legislative Chambers give their consent to a cooperation agreement as referred to in Article 92 bis, § 1^erthe special law of 8 August 1980 of institutional reforms, which includes a long-term federal vision of sustainable development. »
Art. 9. Section 3 of the Act is replaced by the following:
“Art. 3. A federal sustainable development plan, referred to as the "plan", is established every five years taking into account, inter alia, the federal report as referred to in Article 7.
This plan sets out the actions to be taken at the federal level to achieve on the one hand the international and European commitments and on the other hand the objectives set out in the long-term vision.
The plan includes:
1° the indicative objectives for actions to be carried out before the plan expires;
2° of the intermediate objectives to be achieved before the plan expires to meet international commitments;
3° of guidelines for federal public services;
4° of interdepartmental cooperation activities;
5° the monitoring mechanism established for monitoring the plan. »
Art. 10. Section 4 of the Act is replaced by the following:
“Art. 4. § 1^er. The draft plan is prepared by the Commission. It transmits it to the Minister who submits it to the Council of Ministers for deliberation.
Then, on behalf of the Council of Ministers, the Minister simultaneously presents the draft plan to the Legislative Chambers, the Councils and the Governments of the Regions and Communities.
§ 2. On the advice of the Commission, the King sets out the modalities for consultation of the population during the preparation of the draft.
§ 3. Within sixty days of the submission of the preliminary draft plan, the Commission shall provide its reasoned opinion on the preliminary draft.
§ 4. Within sixty days of the deadline referred to in paragraph 3, the Board shall review the notices rendered and prepare the draft plan. It transmits to the Minister who submits the draft plan and the notices to the Council of Ministers. »
Art. 11. Section 5 of the Act is replaced by the following:
“Art. 5. The King sets the plan by order deliberately in the Council of Ministers. He gives the reasons for his derogation from the unanimous opinions of the Council. The plan is published in the Belgian Monitor.
The King sets out the modalities for the dissemination and communication of the plan. »
Art. 12. Section 6 of the Act is replaced by the following:
“Art. 6. Any new plan shall be stopped no later than one month before the expiry of the period covered by the current plan. »
Art. 13. Section 6/1 is inserted into the law, as follows:
"Art. 6/1. The plan may be revised by the Government during its validity period.
At the request of the Council of Ministers in the month of its installation following the last full renewal of the House of Representatives, the Commission shall transmit proposals for adaptation within sixty days.
The King sets the adaptations of the plan by order deliberately in the Council of Ministers. The Minister may request the notice of the Commission before adoption within sixty days. In this case, the Government will motivate how it derogates the Commission's opinion when setting the plan.
Without prejudice to paragraph 1^er and no later than one month after the installation of a government following the last full renewal of the House of Representatives, the Council of Ministers may decide to revise the plan in full and to set a new plan. In the event of application of this provision, the procedure described in Articles 4 and 5 is applicable. »
Art. 14. Section 7 of the Act is replaced by the following;
“Art. 7. The Federal Office of the Plan prepares a federal report on sustainable development, referred to as the "Report".
This report is published in two parts during the cycle:
Part 1 "statement and assessment": a state of the scene and an assessment of the existing situation and the sustainable development policy to achieve the goals set in the long-term vision;
2nd part "Prospective": a forward-looking exercise presenting the planned developments with regard to developments at the European and international levels and containing alternative sustainable development scenarios to achieve the sustainable development goals set out in the long-term vision.
At least fifteen months before the end of the current plan, the "statement and assessment" section is published.
On the proposal of the Minister who has Sustainable Development in his responsibilities, the King may indicate elements to be included in the report by deliberate decree in the Council of Ministers. »
Art. 15. Section 8 of the Act is replaced by the following:
“Art. 8. The report is communicated to the Minister and the Commission, which addresses it to the Council of Ministers, the Legislative Chambers, the Councils and the Governments of Communities and Regions, as well as to all official international organizations of which our country is a member and which are emanating from or associated with the Rio Conference. The King sets out the modalities for the dissemination and communication of the report. »
Art. 16. Section 9 of the Act is repealed.
Art. 17. Section 11 of the Act is replaced by the following:
“Art. 11. § 1^er. The mission of the Council is to:
- to advise on measures relating to the federal and European sustainable development policy taken or envisaged by the federal authority, including in the implementation of Belgium's international commitments;
- to be a forum for debate on sustainable development;
- to propose scientific studies in areas related to sustainable development;
- to encourage the active participation of public and private bodies and citizens in the achievement of these objectives.
§ 2. The Council shall fulfil the missions referred to in paragraph 1^er on its own initiative or at the request of Ministers or Secretaries of State, the House of Representatives and the Senate.
§ 3. It can rely on federal public services and agencies to assist it in carrying out its duties. He may invite anyone whose collaboration is deemed useful for the consideration of certain issues.
§ 4. The Commission renders a notice within three months of the application. In an emergency, a shorter period may be prescribed by the person requesting the notice. However, this period cannot be less than two weeks.
§ 5. The Council prepares an annual report on its activities. This report is addressed to the Council of Ministers, the Legislative Chambers and the assemblies and Governments of the Regions and Communities.
§ 6. The Minister indicates the follow-up that was reserved by the Government to the Commission's notice and, where appropriate, the reasons for which the Minister may have waived the Commission's opinion. »
Art. 18. Section 12 of the Act is replaced by the following:
« § 1^er. The Commission is composed as follows:
- an honorary president;
- a president;
- three vice-presidents;
- representatives of civil society whose King sets the number and distribution by a deliberate decree in the Council of Ministers by ensuring a balanced representation of economic actors, environmental and development associations as identified since the United Nations Conference in Rio in 1992;
- a representative of each minister or secretary of state;
- each government of Region and Community is invited to appoint a representative.
§ 2. Members referred to in paragraph 1^er, first to fourth dash, shall be appointed by the King by order deliberately in Council of Ministers, for a renewable period of four years.
§ 3. Members referred to in paragraph 1^er, first to fourth dash, means an alternate. If a member is prevented, his or her alternate attends meetings of the Council.
§ 4. Members referred to in paragraph 1^er, first, fifth and sixth drawers, have advisory voices.
§ 5. The office is composed of the members referred to in paragraph 1^er, first to third shot. »
Art. 19. The last paragraph of section 13 of the Act is replaced by the following:
"The King sets these rules by a deliberate decree in the Council of Ministers. »
Art. 20. Section 15 of the Act is replaced by the following:
“Art. 15. The Commission has a federal budget allocation charged to the Public Health SPS, Food Chain Safety and Environment. »
Art. 21. Section 16 of the Act is replaced by the following:
“Art. 16. § 1^er. Under the Minister's responsibility, an Interdepartmental Commission for Sustainable Development is established, consisting of a representative of each federal public service, each federal public programming service and the Department of Defense. Each Regional and Community Government will be invited by the Minister to appoint a member to the Commission as well. The Federal Office of the Plan is represented by an observer.
Members of the Commission and their alternates shall be appointed by the King by order deliberately in the Council of Ministers for a term of five years.
§ 2. Members are required to prepare eighteen months before the end of the current plan a report on the policy of sustainable development and the implementation of the plan in federal government and public bodies, which they represent. The report also describes how the plan will be continued during the remainder of the covered period.
§ 3. The Chief Administrative Officer of the Service is the Chair of the Board.
§ 4. The secretariat of the Commission is provided by the Service. On the proposal of the Minister, the King shall designate two secretaries from the staff of the Service for a five-year term. Secretaries cannot belong to the same language group.
§ 5. At the beginning of each calendar year, the Commission composed its Bureau, which includes, besides the Chair and Secretaries, at most two Vice-Chairpersons each with a different linguistic role. »
Art. 22. Section 17 of the Act is replaced by the following:
“Art. 17. § 1^er. Without prejudice to the Commission ' s other tasks under this Act, the Commission shall:
1° to suggest leads to the Service and themes to the Federal Office of the Plan in their missions covered by this Act and to ensure their smooth running;
2° to coordinate the report of the members referred to in Article 16;
3° to prepare the draft plan referred to in Article 4, § 1^eror the draft plan referred to in 6/1, paragraph 2;
4° to formulate a proposal regarding the modalities of public consultation on the draft plan referred to in Article 4, § 2.
§ 2. The Commission is supported by the Service in carrying out its missions.
§ 3. The Commission sets its rules of procedure.
§ 4. The King may, by Royal Decree deliberated in the Council of Ministers, establish the general rules of cooperation between the Commission, the Service, the Federal Office of the Plan, federal public services and federal public services of programming and public institutions.
§ 5. The King may, by deliberate decree in the Council of Ministers, entrust to the Commission any other mission relating to sustainable development. »
Art. 23. Section 18 of the Act is repealed.
CHAPTER 3. - Transitional and final provisions
Art. 24. The next federal sustainable development plan will come into force on 1^er January 2010 and will no longer be in force on December 31, 2014. The King sets out the Federal Sustainable Development Plan 2010-2014 by a deliberate decree in the Council of Ministers on the basis of the draft Federal Sustainable Development Plan 2009-2012, which was established in accordance with the Act of 5 May 1997.
Within twelve months of the coming into force of this Act, the King sets out the long-term federal vision of sustainable development by a deliberate decree in the Council of Ministers.
Promulgate this Act, order that it be put on the seal of the State and published in the Belgian Monitor.
Given in Brussels on 30 July 2010.
ALBERT
By the King:
The Prime Minister,
H. VAN ROMPUY
Deputy Prime Minister
Minister of Social Affairs and Public Health,
Ms. L. ONKELINX
Minister of Science Policy,
Mrs. S. LARUELLE
Minister of Climate and Energy,
P. MAGNETTE
Minister for Development Cooperation,
Ch. MICHEL
Minister for Business and Simplification,
VAN QUICKENBORNE
The Secretary of State for Mobility,
E. SCHOUPPE
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
____
Note
Documents of the House of Representatives:
52-2238 - 2009/2010:
Number 1: Bill.
Nos. 2 and 3: Amendments.
Number 4: Report.
No. 5: Text adopted by the commission.
No. 6: Text adopted in plenary and transmitted to the Senate.
Full report: 11 February 2010.
Documents of the Senate:
4-1656 - 2009/2010:
No. 1: Project not referred to by the Senate.