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Flemish Government DISCLAIMER: As Member States provide national legislations, hyperlinks and explanatory notes (if any), UNESCO does not guarantee their accuracy, nor their up-dating on this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and non- commercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (© UNESCO). Flemish Government Flemish Government Decree implementing the Flemish Parliament Act of 7 May 2004 on the organisation and funding of a cultural heritage policy with regard to heritage covenants and advice provision THE FLEMISH GOVERNMENT, Having regard to the laws on State accounting, co-ordinated on 17 July 1991, in particular Articles 55 through 58; Having regard to the Flemish Parliament Act of 7 May 2004 on the organisation and funding of a cultural heritage policy; Having regard to the advice of the Council for the Arts, given on 23 February 2004; Having regard to the advice of the Council for Culture, given on 03 March 2004; Having regard to the approval of the Flemish Minister responsible for the Budget, given on 05 May 2004; Having regard to the advice of the Council of State, number 37.193/3, given on 25 May 04, in application of Article 84, first paragraph, 1°, of the co- ordinated laws on the Council of State; On the proposal of the Flemish Minister for Home Affairs, Culture, Youth and the Civil Service; After deliberation, DECIDES: DISCLAIMER: As Member States provide national legislations, hyperlinks and explanatory notes (if any), UNESCO does not guarantee their accuracy, nor their up-dating on this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and non- commercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (© UNESCO). Title I. Definitions Article 1. For the purposes of this Decree, the following definitions shall apply: 1° Act: the Flemish Parliament Act of 7 May 2004 on the organisation and funding of a cultural heritage policy; 2° authorities: each official body at local, provincial, regional, community or federal level; 3° Minister: the Flemish Minister, responsible for culture; 4° administration: the administrative service, responsible for the tangible and intangible cultural heritage; 5° operating year: the period from 1 January up to and including 31 December; 6° covenant period: the term of the heritage covenant; 7°supporting organisation: a private or public law body which ensures the partial or full implementation of the heritage covenant, by order of the public or private law body to which the grant was awarded. Title II. Heritage covenants Chapter I. Application and procedure for the conclusion of a heritage covenant Section I. A heritage covenant with a local authority or a partnership of neighbouring local authorities Art. 2. §1. The local authority or the partnership of neighbouring local authorities shall send an application for the conclusion of a first heritage covenant as referred to in Article 18, § 1, of the Act, either by registered mail or on acknowledgement of receipt, in fifteen copies and electronically, to the administration by February 1 at the latest. §2. The application shall contain all data that are useful and necessary to evaluate the intention to conclude a heritage covenant on the basis of the conditions and criteria laid down in Articles 17 and 18 of the Act. This information shall be incorporated in the declaration of intent for the conclusion of a heritage covenant referred to in Article 18, § 2, of the Act. An environmental analysis as set out in Article 18, § 2, 1°, of the Act, shall contain, apart from a number of general statistical data on the local authority or partnership of neighbouring local authorities, a description of all elements that contribute to the heritage profile of the local authority or partnership of neighbouring local authorities. In addition, the declaration of intent on the heritage covenant shall comprise the following documents: 1° a declaration of intent of the local authority or partnership of neighbouring local authorities including the commitment regarding the own financial input; 2° an extract from the cultural policy plan of the local authority or the cultural policy plans of the neighbouring local authorities involved in a ./. DISCLAIMER: As Member States provide national legislations, hyperlinks and explanatory notes (if any), UNESCO does not guarantee their accuracy, nor their up-dating on this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and non- commercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (© UNESCO). partnership of neighbouring authorities, notably the cultural heritage section; 3° a budget stating the input of the local authority or of the partnership of neighbouring local authorities; 4° if it involves a partnership of neighbouring local authorities: the articles of association of the partnership, the composition of the board of directors and all practical data on the partners. Art. 3. §1. The local authority or the partnership of neighbouring local authorities shall send an application for the conclusion of the next heritage covenant as referred to in Article 20 of the Act, by registered mail or on acknowledgment of receipt, in fifteen copies and electronically, to the administration, by 1 February at the latest of the second year of a new local government term. §2. The application shall contain a draft policy plan for the next covenant period including an evaluation of the current heritage covenant and all information that is useful and necessary to evaluate the intention to conclude a next heritage covenant on the basis of the conditions and criteria, as set out in Articles 17 and 18 of the Act. This draft policy plan shall contain the following elements: 1° an environmental analysis which is based on an extract of the cultural policy plan of the local authority, supplemented with the specific cultural heritage features in the local authority or partnership of neighbouring local authorities, the current state of affairs and a critical analysis;2° a description of the vision of preservation and improved access to cultural heritage resources in the territory of the local authority or partnership of local authorities; 3° the strategic and operational objectives of the heritage covenant; 4° expected outcomes and outcome indicators; 5° a description of the tools and work methods contributing to the achievement of the objectives; 6° the location and organisation of the heritage service in the local authority or partnership of neighbouring local authorities; 7° the available financial and logistic means mentioning the input of the local authority or of the partnership of neighbouring local authorities and the use of operating grants; 8° a pluriannual planning mentioning the priorities; 9° the way in which this policy plan and, if applicable, the policy plan of other cultural heritage actors shall be harmonised; 10° a description of the process of policy planning. The evaluation of the implementation of the current heritage covenant shall contain at least the following elements: 1° a report in terms of content on the degree to which the heritage covenant and the policy plan were implemented during the preceding policy period; 2° an evaluation of the outcomes that were reached; 3° an evaluation of the tools and methods used; 4° an evaluation of the operation of the heritage office; 5° a description of the impact of the current heritage covenant on local historic environment. In addition, the application shall comprise the following documents: 1° a declaration of intent of the local authority or partnership of neighbouring local authorities including the commitment regarding own financial input; 2° an extract from the cultural policy plan of the local authority or the cultural policy plans of the neighbouring local authorities involved in a ./. DISCLAIMER: As Member States provide national legislations, hyperlinks and explanatory notes (if any), UNESCO does not guarantee their accuracy, nor their up-dating on this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and non- commercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (© UNESCO). partnership of neighbouring local authorities, notably the cultural heritage section; 3° a budget stating the input of the local authority or of the partnership of neighbouring local authorities; The local authority’s or partnership of neighbouring local authorities’ own input shall amount to at least 30% of total staff and operating costs of the heritage office; 4° if it involves a partnership of neighbouring local authorities: the articles of association of the partnership, the composition of the board of directors and all practical data on the partners. Art. 4. §1. The administration shall examine whether the application was submitted timely and accurately and whether it complies with the conditions set out in Article 2, if it involves an application for concluding a first covenant or with the conditions set out in Article 3, if it involves an application for concluding a next heritage covenant. If the application was not submitted in time or was submitted in an incomplete manner or if it does not meet the conditions, the application shall not be eligible. At the latest fifteen days from the date of receipt of the application, the administration shall inform the local authority or partnership of neighbouring local authorities by registered mail whether the application is eligible or not. If applicable, the reason why the application is not eligible shall be mentioned. §2. The administration shall examine the application on records and in situ. The administration shall examine the business and operational aspects of the application.
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