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 treatment in accordance with Article 9, paragraph 1, and their lawful use.


Article 6.

§ 1.

Natural and legal persons who manage waste shall keep a chronological waste register which shall include a record of the quantity supplied and disposed of, the nature, origin and, if applicable, destination, frequency of collection, mode of transport and treatment of the waste collected, picked up, transported, disposed of or recovered. The Government of Flanders shall lay down more specific rules with respect to the content and the modalities of this waste register. The Government of Flanders may release groups of natural and legal persons from this obligation. Without prejudice to the provisions of the Decree of 28 June 1985 on the environmental licence, the Government of Flanders can allow derogations from the content and conditions of the waste register during individual assessments of activities that are subject to authorisation or notification, as mentioned in Article 11.

 

Natural and legal persons who manage waste shall report certain information concerning the waste collected, picked up, disposed of or recovered to OVAM. The Government of Flanders can stipulate that OVAM selects natural and legal persons to report information. The Government of Flanders shall determine what information must be reported and in what manner this is to take place.

 

§ 2.

The Government of Flanders may determine that when being transported, waste must be accompanied by an identification form, whether or not in electronic form.

 

§ 3.

The Government of Flanders may determine that materials registers must be kept for specific materials with a view to obtaining information on the efficient and legitimate use of materials in accordance with the objective mentioned in Article 4. These registers may refer to amounts of incoming and outgoing material flows and their origin and destination. The Government of Flanders may lay down more specific rules for this.

 

The Government of Flanders can stipulate that OVAM select natural and legal persons to report information from the materials register. The Government of Flanders shall determine what information must be reported and in what manner this is to take place. 


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.

§ 1.

The Government of Flanders shall take the necessary appropriate measures to ensure that:

 

the reuse of objects and components of objects and activities preparing reuse are encouraged;

waste in accordance with Article 4, paragraph 3 or Article 8 undergoes an operation of reuse, recycling or another form of recovery;

high-quality recycling is stimulated.

 

With a view to compliance with the provisions in subparagraph 1, and in accordance with the objectives mentioned in Article 4, the Government of Flanders shall take the necessary measures in order for waste to be collected separately and not to be mixed with waste or materials which do not have the same characteristics, if this is technically, environmentally and economically feasible.

 

The Government of Flanders may:

make the separate presentation and collection of certain wastes mandatory and lay down rules for the mode of collection; 

define objectives for separate collection and reuse, recycling and other forms of recovery;

impose or prohibit waste processing operations for certain wastes.

 

§ 2.

Natural or legal persons operating a reuse centre where objects that come into consideration for reuse are collected for selection with in mind their reuse, or are stored, sorted, cleaned or repaired and sold, must be recognised by the Government of Flanders. The Government of Flanders shall lay down the more specific rules regarding this recognition.


Article 10. In accordance with the Polluter Pays Principle, the costs of waste management shall be borne by the original waste producer or by the current or previous waste holders, by the producer of the product from which the waste originated, or by the distributors or importers of this product. The Government of Flanders may lay down more specific rules for this.

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.

§ 1.

It is forbidden to leave wastes behind or manage them in violation of the requirements contained in this Decree or its implementing orders.

 

§ 2.

It is forbidden to use or consume materials in violation of the requirements contained in this Decree or its implementing orders.

 

§ 3.

Natural or legal persons who manage waste are under the obligation to take all measures which can reasonably be taken to prevent danger to the health of persons or the environment, in particular risks to water, air, soil, plants and animals, noise or odour nuisance, damage to the countryside or places of special interest, or reduce this danger to the extent possible.

 

The Government of Flanders may specify these measures further.


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 transboundary 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.

                

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.

§ 1.

OVAM shall coordinate the design of prevention programmes and their possible review, and follow up their implementation. The Government of Flanders shall select the public institutions which will be involved in the design and implementation of the prevention programmes.

 

With a view to the design and implementation of the prevention programmes, consultation platforms shall be set up in accordance with Article 19.

 

§ 2.

The prevention programmes shall consist at least of measures and initiatives taken to promote the prevention of waste, a more efficient use and consumption of materials which are less taxing on the environment via ecodesign and adapted production and consumption patterns and a better management of material cycles in accordance with Article 4. They shall be aimed at disconnecting the environmental impacts of material cycles and, in particular, of the production of waste, from economic growth. Insofar as this is necessary or advisable, these measures shall be laid down in cooperation with surrounding countries or regions, local authorities or the federal authority.

 

In the prevention programmes adequate qualitative and quantitative indicators, target figures and objectives shall be linked to the measures mentioned in subparagraph 1, which will serve to assess the progress and the effect of the measures and their contribution to the objective.

 

§ 3.

Drafts of prevention programmes or drafts of changes to prevention programmes shall be announced by means of an extract in the Belgian Official Journal, and deposited for a period of two months for perusal at the municipalities and at OVAM. During this period anyone can make objections or remarks known to OVAM in writing.

 

§ 4.

At the same time that they are announced, drafts of prevention programmes shall be passed to the Environment and Nature Council of Flanders, which shall issue a reasoned advice within a period of two months of receipt of the draft. This advice shall not be binding.

 

At the same time that the drafts of the prevention programmes are delivered to the Environment and Nature Council of Flanders, they shall also be submitted to the Flemish Parliament.

 

§ 5.

The Government of Flanders shall lay down the prevention programmes, taking into account the advice given and objections or remarks submitted. If the Government of Flanders does not follow the advice given or does not take into account the objections or remarks submitted, either completely or in part, then it shall justify this in a report which shall accompany the announcement mentioned in paragraph 6.

 

§ 6.

The prevention programmes shall be announced by means of an extract in the Belgian Official Journal. They shall be available for perusal at OVAM, the provinces and the municipalities and shall be published on the website of OVAM.

 

§ 7.

The prevention programmes can be integrated into the implementation plans for the management of material cycles and waste mentioned in Article 18. In such case, they shall be marked as clearly different prevention measures.

 

§ 8.

The prevention programmes shall apply to the administrative authorities of the Flemish Region, the provinces, the municipalities and the organisations governed by public or private law charged with tasks in the public interest relating to environmental policy. The duration of the prevention programmes shall be defined separately in each programme. The prevention programmes shall be evaluated at least once every six years, and revised if necessary.

 

§ 9.

The provisions of the prevention programmes shall be binding, except if it is stated explicitly in those programmes that they are not binding. In these cases, they shall be indicative. Binding provisions can only be derogated from by a decision of the Government of Flanders, when substantial reason exists for this and subject to appropriate justification. Provisions of prevention programmes which conflict with a regional plan or programme of a later date of an enforcing or binding nature shall lose their validity.

 

§ 10.

The Government of Flanders may determine more specific rules for the design, establishment, follow-up and implementation of the prevention programmes and the stakeholder participation provided for therein.


Article 18.

§ 1.

OVAM shall design implementation plans for the management of material cycles and waste, design their possible review and follow up their implementation. These plans shall, alone or in combination, cover the entire geographical territory of the Flemish Region.

 

With a view to the design and implementation of the implementation plans, consultation platforms shall be set up in accordance with Article 19.

 

§ 2.

The implementation plans shall contain measures aimed at creating an adequate integrated network of waste disposal installations and of installations for the recovery of mixed municipal waste collected from private households, including where such collection also covers such waste from other producers, taking into account the best available techniques. These measures shall be taken with a view to self-sufficiency when it comes to waste disposal and the recovery of the above-mentioned waste streams and they must enable disposal or recovery of the respective waste streams in one of the nearest suitable installations using the most suitable methods and technologies to guarantee a high level of protection of the environment and public health. Insofar as this is necessary or advisable, these measures shall be laid down in cooperation with surrounding countries or regions.

 

Except in cases of force majeure, mixed municipal waste which is collected completely separately from waste from private households may only be exported if it has been collected in Flanders according to the rules drawn up by the Government of Flanders.

 

§ 3.

The implementation plans may contain an analysis of one or more material cycles and their impacts on the environment and health, as well as an overview of measures that need to be taken at different stages of the life cycle to reduce the environmental and health impacts of the use and consumption of the materials in question, in accordance with the objectives mentioned in Article 4.

 

§ 4.

The implementation plans shall contain at least an analysis of the current waste management situation, in general or for one or more categories of waste in particular, as well as the measures to be taken in order to make preparing for reuse, recycling and other forms of recovery and disposal of waste more environmentally sound, as well as an evaluation of how the plan will support the implementation of the objectives and provisions of this Decree.

 

§ 5.

The purpose of the implementation plans is to improve coordination between measures taken by different actors involved in the management of material cycles and waste.

 

§ 6.

In particular, the implementation plans shall comprise at least the following elements:

 

1° 

the type, quantity and source of the waste generated within the Flemish Region and of the waste

likely to be shipped from or to the Flemish Region, and an evaluation of the

development of the waste streams in the future;  

2° 

existing waste collection schemes and major disposal and recovery installations,

including any special arrangements for waste oils, hazardous waste or waste streams

addressed by specific Community legislation; 

3° 

an assessment of the need for new collection schemes, the closure of existing waste installations,

additional waste treatment installations in accordance with paragraph 2, and, if necessary, the investments related

thereto; 

4° 

 sufficient information on the location criteria for site identification and on the capacity of future

disposal or major recovery installations, if necessary;

general waste management policies, including planned waste management technologies and methods, or policies for waste

posing specific management problems;

6° 

adequate qualitative and quantitative indicators, target figures and objectives shall be linked to the

measures mentioned in paragraph 2, which will serve to assess the progress and the effect of the measures and their

contribution to the objective mentioned in Article 4.

 

§ 7.

Drafts of implementation plans or drafts of changes to implementation plans shall be announced by means of an extract in the Belgian Official Journal, and deposited for a period of two months for perusal at the municipalities and at OVAM. During this period anyone can make objections or remarks known to OVAM in writing.

 

§ 8.

At the same time that they are announced, the drafts mentioned in paragraph 7 shall be passed to the Environment and Nature Council of Flanders, which shall issue reasoned advice within a period of two months of receipt of the draft. This advice shall not be binding.

 

At the same time that the drafts of the implementation plans or the drafts of changes to implementation plans are delivered to the Environment and Nature Council of Flanders, they shall also be submitted to the Flemish Parliament.

 

§ 9.

The Government of Flanders shall lay down the implementation plans or the changes to these implementation plans taking into account the advice given and objections or remarks submitted. If the Government of Flanders does not follow the advice given or does not take into account the objections or remarks submitted, either completely or in part, then it shall justify this in a report which shall accompany the announcement mentioned in paragraph 10.

 

§ 10.

The implementation plans shall be announced by means of an extract in the Belgian Official Journal. They shall be available for perusal at OVAM, the provinces and the municipalities and shall be published on the website of OVAM.

 

§ 11.

The implementation plans shall apply to the administrative authorities of the Flemish Region, the provinces, the municipalities and the organisations governed by public or private law charged with tasks in the public interest relating to environmental policy. The duration of the implementation plans shall be defined separately in each plan. The implementation plans shall be evaluated at least once every six years, and revised if necessary.

 

§ 12.

Provisions of implementation plans shall be binding, except if it is stated explicitly in those plans that they are not binding. In these cases, they shall be indicative. Binding provisions can only be derogated from by a decision of the Government of Flanders, when substantial reason exists for this and subject to appropriate justification. Provisions of implementation plans which conflict with a regional plan of a later date of an enforcing or binding nature shall lose their validity.

 

§ 13.

The Government of Flanders may determine more specific rules for the design, establishment, follow-up and implementation of the implementation plans and the stakeholder participation provided for therein.


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.

Article 21.

§ 1.

In order to stimulate the prevention, reuse, recycling and other waste recovery, the Government of Flanders may take measures to ensure that any natural or legal person who professionally develops, manufactures, treats, processes, sells or imports products (producer of the product) bears an extended producer responsibility obligation.

 

The measures mentioned in subparagraph 1 may consist of imposing rules and obligations on the natural and legal persons mentioned in subparagraph 1 and shall refer to:

1° 

Imposing partial or full responsibility for the organisation of the collection of the waste

generated as a result of the products they have put on the market; 

2° 

making the acceptance of this waste compulsory; 

3° 

making the organisation partly or entirely responsible for the subsequent management of this waste; 

4° 

assigning financial responsibility for the collection and treatment of this waste

in accordance with Article 10; 

5° 

providing publicly available information on environmentally sound product use and the

extent to which and the way in which the product is reusable and recyclable. 

 

The measures mentioned in subparagraph 1 may also be measures to encourage product design which reduces the environmental impacts and the generation of waste both in the course of the production and during the subsequent use of the products, and to ensure that the recovery and disposal of products that have become waste take place in accordance with Article 4. Such measures may encourage, inter alia, the development, production and marketing of products that are suitable for repeated reuse, that are technically durable and that are, once they have become waste, suitable for proper and safe recycling, other types of recovery and environmentally compatible disposal.

 

§ 2.

The Government of Flanders shall indicate the products or waste to which some kind of extended producer responsibility obligation applies. In doing so, it shall take into account the technical and economic feasibility and the overall impacts on the environment, public health and society, respecting the need to ensure the proper functioning of the market.

 

§ 3.

The extended producer responsibility obligation shall be applied without prejudice to the responsibility for waste management as provided for in Article 12, paragraph 3 and without prejudice to the application of existing specific legislation on waste streams and products.

 

§ 4.

The natural or legal persons mentioned in paragraph 1, subparagraph 1, may, with a view to compliance with the obligations imposed on them by or by virtue of this Article, turn to third parties at their own expense, under the conditions determined by the Government of Flanders.

 

For the collection of household waste, cooperation with the municipalities, in addition to possible other collection channels, is mandatory. In this case, the Government of Flanders shall lay down more specific rules for determining a reasonable compensation to be paid to the municipalities by the natural or legal persons mentioned in paragraph 1 for the collection of household waste which ends up in the municipal collection channels.

 

The Government of Flanders may derogate from this obligation to cooperate if other collection channels are more efficient and effective. For waste for which cooperation with the municipalities is not mandatory, the municipalities are not obliged to accept the waste via the municipal collection channels and they therefore have no right to the reasonable compensation as mentioned in subparagraph 2.