The updated EIA procedure is finally being introduced: what you need to know about the EIA Modernisation Decree

Last year, we announced that Flanders was working on a thorough modernisation of the EIA procedure. Today, that reform is no longer an abstract policy plan: on 24 October 2025, the Flemish Government definitively approved the Implementing Decree to the EIA Modernisation Decree. The revised procedure will then officially come into force on 1 December 2025. The ambitions remain the same: greater transparency, less fragmentation, and a more efficient procedure, both for project EIA and plan EIA. How does this translate into the daily practice of project developers and licensing authorities? Elouise Willems, a solicitor specialising in government and the environment, explains the most relevant changes.
 

Project EIA: a clear approach and digital support

The most important procedural changes
Essentially, EIA stands for environmental impact assessment, an informative document that summarises the results of research into the effects of a particular plan or project on the environment. This analysis is a crucial building block in the decision-making process and helps determine whether an initiative is feasible, responsible and legally sound.

The approval of the Decree on the Modernisation of EIA thoroughly redesigns the process for project EIA. The key points are as follows:

1. The exemption procedure is being abolished | From now on, initiators must always include either a project EIA or a project EIA screening with their permit application.
2. No more provisional approval | A project EIA can no longer be submitted in advance for provisional approval.
3. One consultation round | Whereas previously there were two separate consultation rounds, there will now be one integrated consultation round for both the project EIA and the environmental permit application.
4. A rejected EIA does not automatically halt the permit procedure | The procedure continues, but an approved EIA remains a necessary condition for obtaining an environmental permit.
    

With the new EIA framework, Flanders is opting for simplicity, transparency and greater predictability.

Digital EIA tools from the Flemish government
 

To support project initiators, the Flemish government is launching two digital tools on 1 December 2025: the project EIA obligation tool and the project EIA screening tool.

The project EIA obligation tool determines, based on a number of project parameters, whether an EIA or an EIA screening is required, including the relevant annex and section.

The project EIA screening tool assesses the risk of a project having significant environmental effects. The tool also automatically generates a conclusion that can be uploaded directly via the Environment Desk. 
 

Transitional rules for project EIA applications

The introduction of the new rules will be subject to a clear time limit:

• Project EIA notifications submitted before 1 December 2025 will follow the old procedure.
• Notifications submitted on or after 1 December 2025 will be subject to the new regime.

Exemptions granted previously will remain valid and can still be added to permit files, even after the entry into force on 1 December 2025. New requests for exemption will no longer be possible from that date onwards, but ongoing exemption procedures may be completed.
 

Plan-MER: a central role for the Flemish MER expertise centre

In addition to the changes for project-MER, the generic plan-MER procedure is also being thoroughly redesigned. This concerns plan-MERs for which no integrated procedure exists, such as the drafting of strategic policy plans, spatial policy plans and other plans that fall outside an integrated process.

From 1 December 2025, the key roles will shift:

• The plan-EIA will now be submitted to the Flemish EIA Expertise Centre (VECM) and no longer to the EIA team.
• The initiator will then request a mandatory scoping opinion from the VECM and the competent authorities.
• After the public inquiry, the VECM will issue a quality opinion, followed by a decision to approve or reject the plan-EIA.
• The licensing authority will ultimately decide on the plan, taking into account the plan-EIA and all comments collected.

The VECM will thus be given a central, coordinating and quality control role.

New approach to plan EIA screenings

The landscape is also changing significantly for plan-EIA screenings. Designs drawn up from 1 December 2025 onwards must be submitted to the advisory bodies listed by the Flemish EIA expertise centre. In addition, the VECM itself will become a mandatory advisory partner: the initiator must also explicitly request advice from this body before the screening can be completed.
 

Integrated procedures: what is changing?
For integrated plan-EIA procedures, such as the drafting of spatial implementation plans, the Flemish EIA Expertise Centre will now be part of the planning team. The VECM is required to act as an advisory body for both the plan-EIA and the plan-EIA screening. This embeds a single central quality controller in the entire process.

Transitional rules for plan-EIA and plan-EIA screening

The transitional provisions for generic plan-EIA closely mirror those for project-EIA. 
In concrete terms, this means:

• Plan-EIA notifications submitted before 1 December 2025 will follow the old procedure.
• Plan EIA notifications submitted after 1 December 2025 will be subject to the new procedure.

In the context of plan EIA screenings, the pivotal point is the date on which the initiator submits a request for a decision on the plan EIA obligation to the EIA team.

NOMA helps you navigate the revised EIA procedure

With the entry into force of the Decree on the Modernisation of the EIA, Flanders is taking a new step towards a transparent and targeted EIA procedure. The revised rules promise greater clarity and fewer administrative detours, although only their application in practice will reveal the extent to which this ambition is realised. What is certain is that the landscape is changing once again.

Would you like to seek advice from our experienced government and environmental law solicitors? NOMA closely follows EIA developments and assists companies and government bodies with practical, clear advice. Make an appointment at our offices in Bruges, Brussels or Kortrijk.