CHAPTER 2.
General provisions on the management of material cycles and waste


Article 5.

With a view to the attainment of the objectives mentioned in Article 4, the Government of Flanders may indicate materials and determine conditions for their use or consumption.

 

The Government of Flanders may, in accordance with the objectives mentioned in Article 4, lay down more specific rules for certain materials to guarantee their traceability, their processing in accordance with Article 9, paragraph 1, and their lawful use.


Article 6. Translation not available

Article 7.

The Government of Flanders may define further rules for the sampling and analysis of materials.

 

OVAM may arrange to have analyses of waste and soil samples carried out at laboratories recognised by the Government of Flanders or accredited according to applicable international standards. Laboratories shall be recognised by the Government of Flanders in accordance with the provisions of Title V, Chapter 6 of the Decree of 5 April 1995 concerning general provisions relating to environmental policy and its implementing orders.


Article 8.

§ 1.

The measures mentioned in Article 4, paragraph 3 are to encourage the options that deliver the best overall outcome for the environment and health. This may mean that when defining measures for certain materials, it may be necessary to deviate from the hierarchy mentioned in Article 4, paragraph 3, if this is justified based on life cycle thinking.

 

§ 2.

The Government of Flanders shall determine, following advice from OVAM, when the derogations mentioned in paragraph 1 are justified. In doing so, it shall take into account the principles mentioned in Article 1.2.1, paragraph 2 of the Decree of 5 April 1995 concerning general provisions relating to environmental policy, the technical and economic feasibility, the protection of resources, the overall impacts on the environment and human health and in the economic and social sphere, the objectives mentioned in Article 4 and the applicable European requirements.

 

The advice of OVAM mentioned in subparagraph 1 shall contain the basic principles, preconditions and methods used to come to a desired option based on life cycle thinking.

 

For the purposes of the advice mentioned in subparagraph 1, and for the purposes of defining the basic principles, preconditions and methods relating to life cycle thinking, a consultation platform shall be set up in accordance with Article 19.

 

If the results of scientific studies are used as a basis for this advice, then those studies are to have been carried out or verified by an independent party.

 

§ 3.

If a derogation in accordance with paragraph 1 has been granted, the Government of Flanders may reconsider this derogation following advice from OVAM and in accordance with paragraph 2, on the basis of changed technical, economic or social circumstances or new insights into the effects on the environment and health.


Article 9. Translation not available

Article 10. Translation not available

Article 11.

§ 1.

The disposal of waste, and any preparatory operations preceding such disposal, shall be subject to a licence obligation.

 

The recovery of waste, and any preparatory operations preceding such recovery, shall be subject to a licence or notification obligation.

 

The Government of Flanders may subject the use of materials to a licence or notification obligation in accordance with the objectives mentioned in Article 4.

 

§ 2.

The provisions of the Decree of 25 April 2014 on the environmental licence shall apply to the licences and notifications mentioned in paragraph 1.

 

The Government of Flanders may issue sectoral conditions for the activities receipt mentioned in paragraph 1.

 

§ 3.

Without prejudice to the application of the matters governed by the Decree of 25 April 2014 on the environmental licence, the environmental licences mentioned in paragraph 1 may only be granted if they do not conflict with the provisions of this Decree, its implementing orders or its implementation plans.

 

Without prejudice to the application of the matters governed by the Decree of 25 April 2014 on the environmental licence, when granting the environmental licences mentioned in paragraph 1, conditions may be laid down relating to:

the type and amount of waste and materials that can be processed or used;

technical and other provisions that apply to the location in question;

safety and precautionary measures to be taken; 

the way in which waste is processed or the efficiency with which materials are consumed;

control and monitoring measures;

the waste and materials resulting from the treatment or use, and any limitations of use there may be;

provisions relating to closure and after-care, insofar as these are necessary.

 

The Government of Flanders may define further rules relating to the conditions stated in subparagraph 2.


Article 12. Translation not available

Article 13.

§ 1.

Enterprises and facilities that are professionally engaged in the collection or transport of waste, waste brokers and traders, as well as enterprises and facilities that process waste and have a notification obligation in accordance with Article 11, shall be included in a register.

 

The Government of Flanders may define further rules concerning the registration duty and the design of the register mentioned in subparagraph 1.

 

§ 2.

With a view to the attainment of the objectives mentioned in Article 4, the Government of Flanders may impose conditions on:

 

enterprises or facilities that collect or transport waste or make arrangements for its recovery or disposal;

waste traders or brokers.

 

The conditions mentioned in subparagraph 1 may also refer to the method of collection and transport.


Article 13/1.

The Government of Flanders may lay down more specific rules on the management, processing and use of materials produced by construction and infrastructure works and by demolition, dismantling and renovation works as part of construction and infrastructure works.


The Government of Flanders can recognise demolition management organisations. The Government of Flanders shall determine the conditions and procedure for recognition. It shall also determine the conditions governing the use of such recognition.


Article 14.

The Government of Flanders may prohibit or regulate the import, export and transit of waste.

 

The Government of Flanders may take all measures relating to the import, export and transit of waste which may be necessary with a view to the implementation of Regulation (EC) No 1013/2006 of the European Parliament and the Council of 14 June 2006 on shipments of waste, and of the convention on the control of transboundary movements of hazardous wastes and their disposal, concluded in Basel on 22 March 1989. To this end, the Government of Flanders may, among other things:

subject each import, export or transit of waste within the scope of Regulation (EC) No 1013/2006 to the provision of a bank guarantee, a financial guarantee or equivalent financial security to cover the costs of transport and recovery or disposal, as mentioned in Article 6 of the aforementioned Regulation (EC) No 1013/2006;

Impose on the notifier for the import, export or transit of waste, the payment of a fee to cover the administration costs connected to executing the notification and inspection procedure, as well as demand the payment of the current costs for the appropriate analyses and inspections, as mentioned in Article 29 of the aforementioned Regulation (EC) No 1013/2006.

 

The cross-border movement of waste in violation of the provisions of the Regulation mentioned in subparagraph 2 or of the provisions laid down by virtue of subparagraph 1 or subparagraph 2, is prohibited.

 

By way of derogation from the Regulation mentioned in subparagraph 2, OVAM may, in the case of import, limit incoming movements of waste destined for waste incineration plants catalogued under recovery, if it has been determined that those movements would lead to waste originating in the Flemish Region needing to be disposed of or processed in a way that is not consistent with the implementation plans mentioned in Article 18.


Article 15.

The Government of Flanders shall lay down more specific rules regarding the granting of subsidies to:

 

natural or legal persons who take measures and initiatives in accordance with the objectives mentioned in Article 4, among other things to stimulate:

 

a)

the prevention of waste, the reuse and the more efficient use of materials which is less taxing on the environment via adapted production and consumption patterns;

 

b)

the cooperation between different actors within one or more material cycles with a view to reducing the environmental impacts of those material cycles;

 

c)

the separate collection of waste, recycling and the use of materials in closed material cycles;

 

d)

the market for products and raw materials obtained from waste;

 

e)

an optimisation of the management of material cycles and waste;

 

f)

research and development towards achieving cleaner and less wasteful technologies, products and services, as well as the dissemination and use of the results of research and development in this area;

local authorities with a view to tasks in implementation of the applicable implementation plans, as mentioned in Article 18;

the natural or legal persons mentioned in Article 9, paragraph 2 who operate a reuse centre, for its operation, investments or personnel;

the municipalities and associations of municipalities mentioned in subparagraph 1 of Article 27, for the costs of selective pick-up or collection;

natural persons, legal entities and authorities for the inventory, dismantling, collection, transport or processing of asbestos-containing materials, stated in chapter 3, section 6;
local authorities for the organisation of supervision and enforcement of the asbestos reduction policy.

                

The subsidies shall always be granted within the bounds of the credits included in the budget.


Article 16.

The tender specifications of authorities of the Flemish Region and of local authorities shall include provisions aimed at promoting the purchase of:

products or services which, taking into account the entire life cycle, contribute to a better closure of material cycles or have a lower environmental impact than similar alternatives;
raw materials obtained from waste or products made therefrom.

  

The Government of Flanders may lay down more specific rules for this.


Article 17. Translation not available

Article 18. Translation not available

Article 19.

§ 1.

The Government of Flanders may set up consultation platforms consisting of stakeholder government bodies, institutions and organisations governed by private law involved in the management of one or more categories of waste or the management of one or more material cycles, as well as stakeholders from the broader civil society. The Government of Flanders shall designate the parties involved. OVAM may designate additional parties involved.

 

The purpose of the consultation platforms mentioned in subparagraph 1 includes:

achieving a coordination of measures taken by public and private actors at different stages of one or more material cycles with a view to the attainment of the objectives mentioned in Article 4;
achieving an exchange of information between public and private actors with respect to the management of material cycles;
following up and evaluating the implementation of measures.

 

 

§ 2.

Consultation platforms shall be set up, inter alia, in the framework of:

 

the design, follow-up and assessment of the prevention programmes mentioned in Article 17;
the justification of derogations from the hierarchy mentioned in Article 8;
the design, follow-up and assessment of the environmental policy agreements mentioned in Article 20;
the design, follow-up and assessment of the implementation plans for the management of material cycles and waste mentioned in Article 18.

 

 

§ 3.

The Government of Flanders may lay down further rules for the creation and functioning of the consultation platforms mentioned in paragraph 1.


Article 20.

To achieve the objectives in Article 4, the Government of Flanders may conclude environmental policy agreements in accordance with the applicable decree provisions.

 

In order to implement the measures stated in Article 21, § 1, the Government of Flanders can provide for the possibility of entering into covenants. The Government of Flanders can impose conditions on the conclusion of a covenant and can lay down further rules on the content, manner of formation, notification, amendment and termination of a covenant.


Article 21. Translation not available

Translation not available