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.