CHAPTER 3.
Provisions on the management of specific material cycles and waste


Section 1.
General provisions


Article 22.

All waste shall be classified in one of the following main categories according to its source or nature:

1° 

household wastes; 

2° 

operational wastes. 

 

In addition, wastes can be classified in one or more of the following additional categories:

1° 

hazardous waste; 

2° 

 special waste;

mixed municipal waste. 

 

The Government of Flanders may lay down further rules concerning the management of the waste classified in the categories mentioned in subparagraph 1 and subparagraph 2.

The requirements applicable for the main category and the additional categories in which a waste is classified shall be cumulative, as indicated in Article 29 or 32.


Section 2.
Operational waste


Article 23.

Producers of operational waste shall keep a chronological waste register, which shall include a record of the nature, origin, composition, quantity, destination and method of recovery or disposal of the waste. The Government of Flanders shall lay down the more specific rules concerning the content and structure of this waste register.

 

Producers of operational waste shall report some of the information from the waste register to OVAM. The Government of Flanders shall determine what information must be reported and in what manner this is to take place. It may have the reporting done via the integral annual environmental report referred to in Article 3.5.3. of the Decree of 5 April 1995 concerning general provisions relating to environmental policy.

 

The Government of Flanders may release specific categories of producers from the obligations mentioned in subparagraph 1 and subparagraph 2 on the basis of the low quantities and the low degree of harmfulness of the wastes produced by them.


Article 24. Producers of operational waste shall, at their expense, recover or dispose of the waste, unless otherwise determined by the Government of Flanders in accordance with Article 10.

Article 25.

§ 1.

Holders of operational waste and waste brokers and traders shall recover or dispose of the waste:

1° 

at the establishment where the waste was generated or is being treated, in accordance with the

environmental licence referred to in Article 11 or the other applicable legal, decreed or regulatory

requirements; 

2° 

by delivery to a natural or legal person who, in accordance with Article 11, is a holder of a

licence for the disposal or recovery of the waste, or who has complied with the notification obligation,

or who is a registered waste trader or broker as mentioned in Article 13; 

3° 

by delivery to a natural or legal person located in another region or country who,

in accordance with the legislation applicable there: 

 

a) 

is entitled to dispose of the waste to the extent that there is no significantly closer disposal facility which can dispose of the waste

in a responsible manner under comparable conditions;

 

b) 

is entitled to recover the waste. 

 

§ 2.

Any disposing of operational waste as referred to in paragraph 1, 2° and 3° shall take place in exchange for a disposing receipt, whether or not in electronic form. Without prejudice to the application of Article 23, the holders of operational waste must be able to present this disposing receipt at any time until at least five years after the date of disposing of the waste.

 

§ 3.

The disposing receipt shall state:

1° 

the date of disposing; 

2° 

the name and place of residence of the producer or the installation from which the waste is received; 

3° 

the name and place of residence of the natural or legal person referred to in paragraph 1, 2° and 3° with whom the

waste is disposed of; 

4° 

the nature, source, composition and quantity of the waste disposed of; 

5° 

the intended treatment method. 

 

The Government of Flanders may lay down further rules for the receipt/disposing mentioned in paragraph 2 and paragraph 3.


Section 3.
Household waste


Article 26.

Each municipality, whether or not in cooperation with other municipalities, shall ensure that household waste is prevented or reused as much as possible, picked up at regular intervals or collected in another way and recovered or disposed of in accordance with Articles 11, 12 and 13, paragraph 2.

 

The municipalities shall recover the costs of the management of household waste from the waste producers in accordance with Article 10. The municipality may authorise its privatised bodies or intermunicipal cooperation partnerships to collect these costs, also if these are translated into taxes and fees. The Government of Flanders may lay down further rules concerning the way in which municipalities are to calculate the costs of the management of household waste.

 

Without prejudice to the application of the provisions of this Decree, the pick-up and collection of household waste shall be regulated by municipal regulation.

 

The activities of each person necessary for the normal working of the services charged with the pick-up of household waste, as well as the material required for this, may be requisitioned by the Mayor, the Assistant Governor and the Governor.


Article 27.

Municipalities and associations of municipalities may conclude agreements with OVAM to promote or supervise the organisation of the selective pick-up or collection of household waste.

 

The provinces may, within the framework of the Flemish waste policy, offer supporting initiatives and actions aimed at concrete achievements in the field.


Article 28.

If a municipality or province or their cooperation partnerships do not within the period of time determined by the Government of Flanders fulfil their obligations imposed by or by virtue of subparagraph 1 of Article 26 or by the programmes and plans mentioned in Articles 17 and 18 and, as a result, harm the public interest, the Government of Flanders may, after giving notice of default by means of a reasoned decision, replace the municipality or province or their cooperation partnerships in question for the implementation of all measures necessary to comply with the aforementioned obligations. The Flemish Region may recover the costs of the aforementioned measures from the municipality or the province or their cooperation partnerships.

 

Both with respect to the coordination and with respect to the organisation, municipalities, provinces and their cooperation partnerships have the possibility to lodge an appeal with the Flemish Minister with responsibility for the Environment. The Government of Flanders shall lay down the more specific rules for this appeal procedure.


Section 4.
Hazardous waste


Article 29. The provisions of Sections 1 and 2 and of Chapter 2 shall apply to hazardous waste insofar as this Section does not contain any explicit provisions to the contrary.

Article 30.

§ 1.

Hazardous waste to be disposed of must be registered and identified.

 

§ 2.

Hazardous waste must, during its collection, transport and temporary storage, be appropriately packaged or stored and labelled in accordance with the applicable international and European requirements. Whenever hazardous waste is transported, it shall be accompanied by an identification document, which may be in electronic format, containing the appropriate data specified in Annex IB to Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste.

 

The Government of Flanders may specify more detailed rules concerning the packaging, storage and identification of hazardous waste.

 

§ 3.

Natural or legal persons engaged in waste treatment must not mix hazardous waste with other categories of hazardous waste, nor with other waste, substances or materials. Mixing shall also include the dilution of hazardous substances.

 

Derogation from the prohibition mentioned in subparagraph 1 is possible if the Government of Flanders takes other measures to ensure that hazardous waste is not mixed, either with other categories of hazardous waste or with other waste, substances or materials.

 

§ 4.

By way of derogation from paragraph 3, the licence referred to in Article 11 may allow hazardous waste to be mixed with other hazardous waste or with other waste, substances or materials, if:

this is required in order to improve safety during disposal or recovery; 

2° 

this does not infringe the provisions of Article 12 paragraph 3. 

3° 

this does not increase the adverse impacts of the waste management on human health and the environment; 

4° 

the operation in question conforms to best available techniques. 

 

§ 5.

Where hazardous waste has been mixed in a manner contrary to paragraph 3 and paragraph 4, a separation shall be carried out if this is technically and economically feasible and necessary in order to comply with Article 12 paragraph 3.


Article 31.

The provisions of Article 30 paragraph 2 and paragraph 5 shall not apply to mixed waste produced by households.

 

The provisions of Article 30 paragraph 2 shall not apply to separate fractions of hazardous waste produced by households until these materials are accepted for collection, disposal or recovery by an establishment or an undertaking which has obtained a licence or has been registered in accordance with Articles 11 and 13.


Section 5.
Special waste


Article 32.

In accordance with Article 4, the Government of Flanders shall lay down more specific rules for the management of the special waste referred to in Article 22, subparagraph 2, 2°.

 

The rules mentioned in subparagraph 1 shall complement the rules mentioned in Section 1, 2, 3, 4 or 5 and in Chapter 2. They may contain requirements for specific special wastes and activities aimed at the management of these wastes which vary from the provisions of Articles 6, 11, 13 and 26, if this is required for the efficient disposal or the recovery of these wastes.


Translation not available

Article 33.

§ 1.

The Government of Flanders may, in supplementation or implementation of Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules concerning animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002, lay down more specific rules on the management of animal by-products and derived products as mentioned in the Regulation, if they comply with the definition of waste.

 

§ 2.

The Government of Flanders may release the producers of the waste mentioned in paragraph 1 from the notification obligation mentioned in Article 23, subparagraph 2 and subparagraph 3 and shall define more specific rules for this.

 

§ 3.

Except in the cases explicitly described by the Government of Flanders, the disposing of these wastes is only permitted to a natural or legal person who has been recognised or registered for this purpose or by this recognised or registered natural or legal person to a facility that has been recognised and licensed for this purpose.

 

The Government of Flanders shall lay down further rules on the issue procedure, recognition and registration.

 

In the cases specified by the Government of Flanders, the supervisors may decide that the waste may or must be disposed of through incineration or burial.

 

§ 4.

The Government of Flanders shall indicate the categories of producers of waste who are required to enter into an agreement on the financing of its pick-up by an establishment as mentioned in paragraph 3.

 

The Government of Flanders can determine the maximum rates that may be applied in case of a fee per service.

 

The collection and treatment of this waste, if this concerns entire cadavers of farm animals, other than for the categories of producers mentioned in subparagraph 1, shall be carried out free of charge. The Government of Flanders shall determine the conditions under which the recognised establishments are remunerated for these services at the expense of the Flemish Region.

 

The Government of Flanders shall determine the conditions under which operations in the framework of waste management are remunerated at the expense of the Flemish Region.