CHAPTER 4.
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.

Certain specific wastes cease to be waste when they have undergone a recovery, including recycling, operation and comply with specific criteria to be developed in accordance with the following conditions:

1° 

the substance or object is commonly used for specific purposes; 

2° 

there is a market or a demand for the substance or object; 

3° 

the substance or object fulfils the technical requirements for the specific purposes and complies with the existing legislation and standards applicable to products; 

4° 

the use of the substance or object will not lead to overall adverse environmental or human health impacts. 

 

 

These criteria must be developed in accordance with Articles 39 and 40.


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:

1° 

further use of the substance or object is certain; 

2° 

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

3° 

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

4° 

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. Excavated soil shall not be regarded as a waste if it is used in accordance with the conditions for the use of excavated soil mentioned in the Decree of 27 October 2006 on soil remediation and soil protection and its implementing orders.

Article 39.

§ 1.

If necessary, the Government of Flanders shall indicate the materials, in accordance with the European requirements, and impose specific criteria to determine whether the material in question can be considered a by-product or a material which has reached end-of-waste status.

 

§ 2.

If no European criteria have been defined for a specific material, the Government of Flanders may develop specific criteria for this material which must guarantee that the conditions mentioned in Articles 36 and 37 are complied with.

 

The criteria mentioned in subparagraph 1 may refer to, inter alia, the source of the material, the way in which it was collected, produced or processed, the nature and composition of the material, limit values for contaminants, the permitted use, the permitted method of application and the presence of a quality assurance system that monitors input, processes and end quality.

 

In the assessment of the overall adverse environmental and human health impacts mentioned in Article 36, 4° and Article 37, 4°, the objectives mentioned in Article 4, paragraph 3 shall be taken into account.

 

§ 3.

The Government of Flanders shall lay down more specific rules for the way in which materials shall be indicated and for the way in which criteria for this shall be developed, in accordance with paragraph 1 and paragraph 2.

 

§ 4.

Waste which, in accordance with the criteria mentioned in paragraph 1 and paragraph 2, is no longer considered waste shall also be deemed recycled or recovered in the framework of the attainment of possible recycling or recovery objectives.


Article 40.

The Government of Flanders may demand that a raw material declaration be issued which shows that the conditions and criteria mentioned in Articles 36, 37 and 39 are complied with.

 

OVAM shall decide on the applications for the issue of a raw material declaration. Appeals against the decisions of OVAM on the issue of a raw material declaration may be lodged with the Flemish Minister with responsibility for the Environment.

 

The Government of Flanders may define more specific rules regarding the procedure for the delivery of a declaration of raw material, the treatment of the appeals and the conditions for a declaration of raw material.