Demarcation of the waste phase

Article 34. The waste phase of a material shall commence as soon as the definition of waste is complied with.

Article 35. The Government of Flanders shall draw up a list of wastes, in accordance with the applicable European requirements, indicating the codes assigned to wastes, which wastes should be regarded as hazardous, and any analysis methods to be applied in order to determine whether a material complies with the description provided for a certain waste included in the list.

Article 36. Translation not available

Article 37.

A substance or object resulting from a production process, the primary aim of which is not the production of that substance or object, may only be regarded as a by-product and not as waste if the following conditions are met:


further use of the substance or object is certain;


the substance or object can be used directly without any further treatment other than normal production practice;


the substance or object is produced as an integral component of a production process;


its further use is lawful, i.e. the substance or object fulfils all product, environmental and health protection requirements for the specific use and will not lead to overall adverse environmental or human health impacts.

Article 38.

Soil materials, as stated in Article 2, 33, of the Soil Remediation and Protection Decree of 27 October 2006, will not be regarded as waste if they are used in accordance with the conditions for use and the soil protection traceability of soil materials, stated in the Soil Remediation and Protection Decree of 27 October 2006 and its implementing decrees.

Article 39. Translation not available

Article 40. Translation not available