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. Translation not available

Section 3.
Household waste


Article 26. Translation not available

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. Translation not available

Article 30. Translation not available

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 enterprise 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.


Article 32/1.

The depollution, dismantling, destruction, including pressing of scrapped vehicles or the performance of another treatment on scrapped vehicles, can be made dependent by the Government of Flanders on prior approval as a centre for the depollution, dismantling and destruction of scrapped vehicles.

 

The Government of Flanders is laying down further rules for the accreditation. It determines the conditions and the procedure for accreditation, the possibility and procedure for its withdrawal and the conditions for the use of the accreditation.

 

The Government of Flanders can lay down further rules that the centres for depolluting, dismantling and destruction of scrapped vehicles must comply with as soon as they are accredited.
 


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.


Section 6.
Materials containing asbestos


Subsection 6.1.
General provisions


Article 33/1. Translation not available

Article 33/2.

It is forbidden to clean or de-moss roof and wall cladding made of asbestos cement.


Article 33/3.

The Government of Flanders can lay down further rules for the management of rainwater run-off from an asbestos cement roof or facade cladding in order to minimise the impact on people and the environment.


Article 33/4.

The Government of Flanders can make compulsory the issue of a receipt for the delivery of asbestos-containing household waste to a natural person or legal person who, in accordance with Article 11, holds a permit for the disposal of the waste or to a registered waste trader or broker as stated in Article 13. 


The Government of Flanders can lay down further rules regarding the content and the issue of the proof of delivery, stated in the first paragraph.
 


Subsection 6.2.
Obligation to remove asbestos-containing materials


Article 33/5. Translation not available

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Article 33/7. Translation not available

Article 33/8.

The OVAM may decide to dismantle, collect, transport or process materials containing asbestos. The Government of Flanders can make an arrangement or conclude an agreement for the disburdening, pre-financing and financing thereof by OVAM.


Subsection 6.3.
Asbestos inventory


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