IND B-- EN PROJET. Flemish Government

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1 IND B-- EN PROJET Flemish Government Draft Decree on sustainable management of material cycles and waste materialsthe FLEMISH GOVERNMENT,Upon the proposal of the Flemish Minister of Living Environment, Nature, and Culture;After due consultation, HEREBY DECREES AS FOLLOWS: The Flemish Minister of Living Environment, Nature, and Culture has been instructed to submit to the Flemish Parliament on behalf of the Flemish Government, the draft decree with the following text: Chapter 1. Preliminary provisionsarticle 1. This Decree regulates a regional matter. Article 2. This Decree serves to partially transpose Directive 2008/98/EC of the European Parliament and the Council of 19 November 2008 on waste and repealing certain directives. Article 3. In this Decree, the terms below shall have the meanings indicated: 1 waste material: any material or any object which the holder disposes of, intends to dispose of, or must dispose of. The following items shall not be considered waste materials: a) gaseous effluents emitted into the atmosphere, and carbon dioxide collected and transported in the context of geological storage, and which is geologically stored in accordance with the Decree of 8 May 2009 on deep underground layers; b) animal manure as referred to in the Decree of 22 December 2006 on the protection of water from contamination by nitrates from agricultural sources; c) the water, whether or not contaminated, which is discharged into a surface water body or into the public water treatment infrastructure; in this context, the in-situ treatment, including drainage of the sludge produced on site, which is intended to make such water comply with the environmental requirements applicable to the discharge, shall not be considered waste processing; d) household and industrial wastewater which is indirectly discharged into the ground water in accordance with the provisions of the Decree of 24 January 1984 on ground water management and of the Decree of 28 June 1985 on environmental permits;e) unexcavated soil, including buildings permanently connected to the soil;f) radioactive waste materials, unless they are considered to be permitted waste materials as referred to in the Cooperation Agreement between the Federal State and the Regions of 17 October 2002 with respect to the management of permitted waste materials;2 waste trader: any company acting as the responsible party for the purchase and subsequent sale of waste, including traders who do not take physical 1

2 possession of the waste;3 waste broker: any company arranging for others the removal or utilisation of waste, including brokers who do not take physical possession of the waste; 4 waste producer: any natural person or legal entity whose activities produce waste, this being the initial waste producer, or anyone who carries out pre-treatments, mixings, or other operations which produce a change in the nature or composition of such waste;5 waste processing: utilisation or removal, including preparatory actions preceding the utilisation or removal;6 company waste: waste materials produced by an industrial, artisanal, or scientific activity, and waste materials deemed equivalent pursuant to a Decree of the Flemish Government; 7 waste management: the collection, interim storage, and transhipment, transport, utilisation, and removal of waste materials, including supervision of such operations and aftercare on landfills after closure, and including activities of waste traders or waste brokers; 8 best available methods: the best available methods as referred to in Article 1(29), of the Decree of the Flemish Government of 6 February 1991 laying down the Flemish Regulations on environmental permits;9 special waste materials: household, hazardous, company waste materials, or other waste materials which require specific provisions in light of their nature, composition, origin, or manner of processing. The Flemish Government may determine which waste materials shall be considered special waste materials;10 OVAM: the Flemish Public Waste Company [Openbare Vlaamse Afvalstoffenmaatschappij] as referred to in Article (1) of the Decree of 5 April 1995 laying down general provisions on environmental policy;11 mixed urban waste: household waste as well as company, industrial, and institutional waste, whose nature and composition is similar to that of household waste, with the exception of the fractions described under in Annex to Decision 2000/532/EC which are separately collected at the source, and the miscellaneous waste materials described under of the same Annex;12 waste separation: waste collection where the waste flow is separated as to the type and nature of the waste in order to facilitate specific treatment; 13 hazardous waste materials: waste materials which present or may present a particular risk to human health or the environment, or which must be processed in special facilities. The Flemish Government shall determine which waste materials are to be considered hazardous waste materials, in accordance with the prevailing European legislation; 14 resource certificate: a certificate issued by the Flemish Government confirming that a particular material is not or no longer is to be considered a waste material, predicated on certain constraints where appropriate;15 reuse: any operation where objects or components of objects which are not waste materials, are reused for the same purpose for which they were originally intended;16 possessor of waste materials: the waste producer or the natural person or legal entity who has the waste materials in his or her possession;17 household waste materials: waste materials produced in the normal operation of a private household, and waste materials deemed equivalent pursuant to a Decision of the Flemish Government;18 collection: the collection of waste materials, including preliminary sorting and preliminary storage of waste materials, for subsequent transport to a waste processing 2

3 plant;19 life cycle philosophy: an approach which considers the impact produced over the entire life cycle of a material;20 local governments: provinces, provincial companies, municipalities, municipal companies, and cross-municipal cooperative entities;21 material: any substance which is or has been mined, extracted, grown, processed, produced, divided, commissioned, decommissioned, or reprocessed, or any object which is produced, divided, commissioned, decommissioned, or reused, including the waste materials produced during those operations;22 material cycle: the totality of consecutive operations over a life cycle or substance flow, ranging from mining or extraction and cultivation, via processing, production, distribution, storage, or transhipment, transport, use and reuse, decommissioning, removal, and reuse (if any), where one or more materials are intentionally or unintentionally transferred from one phase of the life cycle to another phase; 23 utilisation: any operation with the main result that waste materials are made to serve a useful purpose by replacing, either within the relevant facility itself or in the economy at large, other materials which would otherwise have been used to fulfil a specific function, or that the waste material is prepared for use in such a function, as well as operations deemed to be equivalent by the Flemish Government;24 prevention: measures taken before a substance or object has become waste, in order to reduce:a) the quantity of waste, including by reusing objects or extending the life span of objects;b) the negative impact of waste materials produced on the environment and human health; c) the proportion of noxious substances in substances and objects;25 recycling: any utilisation where waste is reprocessed to create new products or substances, either for the original purpose or for another purpose. This includes reprocessing of organic waste, but does not include energy recovery, nor reprocessing of materials intended to be used as fuels or fillers;26 removal: any operation which is not utilisation, even if the operation has as a secondary effect the recovery of substances or energy, as well as operations deemed to be equivalent by the Flemish Government;27 preparation for reuse: any utilisation consisting of inspection, cleaning, or repair where objects or components of objects which have become waste are prepared to enable their reuse without further pre-treatment.article 4. (1). This Decree contributes towards the objectives of sustainable development as referred to in Article 7bis of the coordinated Constitution.(2) The objective of this Decree is to lay down measures for the creation of material cycles where: 1 human health and the environment are protected from the harmful effects of the production and management of waste; 2 depletion of renewable and non-renewable resources, wastage of materials and energy in general, and the harmful effects of the use and consumption of materials on people and the environment, are counteracted. (3) In particular, this Decree lays down measures: 1 which aim at all times to produce the best possible outcome for the environment and human health, taking account of the impact over the entire life cycle, and using the following hierarchy to determine relative priorities:a) waste prevention and a more efficient, less environmentally harmful use and consumption of materials through changes in patterns of production and 3

4 consumption;b) preparation of waste for reuse; c) recycling of waste materials and use of materials in closed material cycles;d) other forms of utilisation of waste materials, such as energy recovery and use of materials as a source of energy; e) removal of waste materials, with dumping as a last resort; 2 to ensure that the management of material cycles and waste materials presents no danger to human health and has no harmful effects on the environment, notably:a) without presenting a risk to water, air, soil, wildlife, and vegetation and the climate; b) without producing noise or odour pollution;c) without damaging valuable natural and landscape areas.chapter 2. General provisions on the management of material cycles and waste materialsarticle 5. To facilitate the achievement of the objectives as referred to in Article 4, the Flemish Government may designate materials and lay down requirements for the use or consumption thereof.in accordance with the objectives as referred to in Article 4, the Flemish Government may lay down more detailed rules for certain materials to ensure their traceability, processing in accordance with Article 9(1), and lawful use.article 6. (1) Natural persons and legal entities who manage waste shall keep a chronological waste register which lists, among other things, the incoming and outgoing quantities, nature, origin, and - if applicable - the destination, frequency of collection, manner of transport, and treatment, of the waste received, collected, transported, removed, or utilised by them. The Flemish Government shall lay down more detailed rules for the contents of and the requirements for that waste register. The Flemish Government may exempt specific groups of natural persons or legal entities from the abovementioned obligation. Natural persons and legal entities who manage waste shall report to OVAM certain information with respect to the waste received, collected, removed, or utilised by them. The Flemish Government shall determine the information to be reported and the manner of reporting.(2) The Flemish Government may determine that waste materials shall be accompanied by an identification form during transport, whether or not in electronic form.(3) The Flemish Government may determine that material registrations shall be kept for specific materials to furnish information on the efficient and lawful use of materials in accordance with the objective as referred to in Article 4. Such registrations may relate to the quantities of incoming and outgoing material flows, and their origin and destination. The Flemish Government may lay down more detailed rules in this regard.article 7. The Flemish Government may lay down more detailed rules for sampling and analysis of materials.ovam may commission analyses of samples of waste materials and soil to be undertaken in laboratories accredited either by the Flemish Government or under prevailing international standards. Laboratories shall be accredited by the Flemish Government in accordance with the provisions of Chapter III bis of the Decree of 28 June 1985 on environmental permits or its associated implementing decrees. Article 8. (1). The measures, as referred to in Article 4(3), should encourage those options which produce the best overall result for the environment and human health. This may imply that exceptions to the hierarchy, as referred to 4

5 in Article 4(3), may be called for when defining measures for certain materials, if such an exception is justified in light of the life cycle philosophy. (2) The Flemish Government shall determine, after receiving the opinion of OVAM, when any exceptions as referred to in Paragraph 1 will be considered justified. In doing so, it shall take account of the principles as referred to in Article 1.2.1(2) of the Decree of 5 April 1995 laying down general provisions on environmental policy, as well as considerations of technical feasibility and economic viability, protection of resources, general effects on the environment, human health, the economy and society, the objectives as referred to in Article 4, and the prevailing European legislation.the opinion of OVAM as referred to in the first paragraph shall contain the principles, constraints, and methodologies used to arrive at a preferred option based on the life cycle philosophy.a consultation platform shall be established in accordance with Article 19 to arrive at the opinion referred to in the first paragraph and to lay down the principles, constraints, and methodologies with respect to the life cycle philosophy.if the opinion is based on the outcomes of scientific studies, such studies must have been undertaken or verified by an independent party. (3) Where an exception pursuant to Paragraph 1 has been granted, the Flemish Government may revise such exception, after hearing the opinion of OVAM and in accordance with Paragraph 2, in light of changes in technical, economic, or social circumstances or changes in insights as to the effects on the environment and human health.article 9. (1). The Flemish Government shall take the necessary and suitable measures to ensure that: 1 the reuse of objects and components of objects, as well as activities to prepare for reuse, is encouraged;2 waste materials undergo an operation of reuse, recycling, or other form of utilisation in accordance with Article 4(3) or Article 8;3 high-quality recycling is encouraged.to ensure compliance with the provisions of the first paragraph and in light of the objectives as referred to in Article 4, the Flemish Government shall take the necessary measures to ensure that waste materials are collected separately and are not mixed with waste materials or materials which not do not have the same properties, provided this is feasible in technical, environmental, and economical terms. The Flemish Government may: 1 impose an obligation for the separate delivery and collection of certain waste materials and lay down rules for their manner of collection; 2 lay down objectives for waste separation and for reuse, recycling, and other forms of utilisation; 3 prescribe or prohibit certain waste processing operations for certain waste materials. (2) Natural persons or legal entities operating a recycling centre where objects qualifying for product reuse are collected to be selected for reuse, or are stored, sorted, cleaned, or repaired and sold, shall be subject to accreditation by the Flemish Government. The Flemish Government shall lay down detailed rules for such accreditation.article 10. In accordance with the "polluter pays" principle, the costs of waste management are borne by the initial waste producer, the current or previous possessors of waste materials, 5

6 the manufacturer of the product which has produced the waste, or the distributors or importers of such product. The Flemish Government may lay down more detailed rules in this regard. Article 11. (1). The removal of waste and the preparatory operations for removal shall be subject to a permit requirement.the utilisation of waste and the preparatory operations for utilisation shall be subject to a permit or reporting requirement.the Flemish Government may subject the use of materials to a permit or reporting requirement in accordance with the objectives as referred to in Article 4. (2) Permits and reports as referred to in Paragraph 1 shall be subject to the provisions of the Decree of 28 June 1985 on environmental permits. For mobile facilities, the Flemish Government may grant a permit which allows their operation within the entire Flemish Region. The Flemish Government shall lay down more detailed rules for the request, conferral, and refusal of such permit, and for the specific requirements imposed on such facilities.the Flemish Government may issue sectorial requirements for the activities as referred to in Paragraph 1.(3) Without prejudice to the relevant provisions of the Decree of 28 June 1985 on environmental permits, an environmental permit as referred to in Paragraph 1 shall be granted only if it is not incompatible with the provisions of the present Decree, its implementing decrees, and the implementing schedules.without prejudice to the relevant provisions of the Decree of 28 June 1985 on environmental permits, the conferral of an environmental permit as referred to in Paragraph 1 may be subjected to requirements in respect of: 1 the nature and quantity of waste and materials permitted to be processed or used;2 the technical and other requirements applicable to the relevant location;3 the safety and precautionary measures to be taken;4 the manner in which waste materials are to be processed, or the efficiency with which materials are to be consumed;5 measures of inspection and monitoring; 6 the waste and materials resulting from the processing or use, and any restrictions on their use if applicable; 7 provisions on closure and aftercare, to the extent necessary.the Flemish Government may lay down more detailed rules with respect to the requirements as referred to in the second paragraph.article 12. (1). It shall be prohibited to leave or manage waste in violation of the provisions of the present Decree or its implementing decrees.(2) It shall be prohibited to use or consume materials in violation of the provisions of the present Decree or its implementing decrees. (3) A natural person or legal entity who manages waste shall be obliged to take all measures which can reasonably be taken to prevent or maximally reduce any risks to human health or the environment, specifically risks to water, air, soil, wildlife, and vegetation, noise or odour pollution, or damage to valuable nature and landscape areas. The Flemish Government may elaborate such measures in more detail. Article 13. (1). Companies and facilities which collect or transport waste as part of a business, waste brokers, and waste traders, and companies and facilities which process waste and are subject to a reporting requirement in 6

7 accordance with Article 11, must be registered in a register.the Flemish Government may lay down more detailed rules for the registration requirement and for the layout of the register as referred to in the first paragraph.(2) To facilitate the achievement of the objectives as referred to in Article 4, the Flemish Government may impose requirements on: 1 a company or facility which collects or transports waste or makes arrangements for its utilisation or removal; 2 waste traders and waste brokers.the requirements as referred to in the first paragraph may also relate to the manner of collection and transport.article 14. The Flemish Government may prohibit or regulate the import and export of waste materials.the Flemish Government may take all measures in connection with the import and export of waste materials which are necessary to implement Regulation (EC) No 1013/2006 of the European Parliament and the Council of 14 June 2006 on shipments of waste, and of the Convention on the control of transboundary movements of hazardous wastes and their disposal, signed at Basel on 22 March To this end, the Flemish Government may take measures including: 1 subject every import or export of waste within the scope of application of Regulation (EC) No 1013/2006 to the provision of a bank guarantee, bond, or equivalent financial security sufficient to cover the cost of transport and removal or utilisation as referred to in Article 6 of the aforementioned Regulation (EC) No 1013/2006;2 require the reporting party upon import or export of waste materials to pay a fee to cover the administrative cost associated with the implementation of the reporting and supervision procedure, as well as to pay the reasonable costs of suitable analyses and inspections as referred to in Article 29 of the abovementioned Regulation (EC) No 1013/2006.Any cross-border transhipment of waste in violation of the provisions of the Regulation as referred to in the second paragraph, or of any provisions enacted pursuant to the first or second paragraph, shall be prohibited.notwithstanding the Regulation as referred to in the second paragraph, OVAM may impose limits on incoming transhipments of waste intended for use in waste incineration plants classified as utilisation, if it is found that such transhipments would lead to waste produced in the Flemish Region having to be removed, or to any waste having to be processed, in a manner which does not comply with the implementing schedules as referred to in Article 18. Article 15. The Flemish Government shall lay down more detailed rules for the conferral of subsidies to:1 natural persons or legal entities who take measures and initiatives in accordance with the objectives as referred to in Article 4, including measures to promote:a) waste prevention and reuse and a more efficient, less environmentally harmful use of materials through changes in patterns of production and consumption; b) cooperation between various actors in one or several material cycles in order to reduce the environmental effects of such material cycles;c) separate collection of waste materials, recycling, and using materials in closed material cycles;d) the market for sales of products and resources recovered from waste;e) optimisation of the management of material cycles and waste materials;f) research and development 7

8 aimed at achieving cleaner, less wasteful technologies, products, and services, as well as the dissemination and application of the results of research and development in such an area;2 local governments, with respect to contracts to carry out the applicable implementing schedules as referred to in Article 18; 3 natural persons or legal entities as referred to in Article 9(2) who operate a recycling centre, with respect to operations, investments, or employees; 4 the municipalities and associations of municipalities as referred to in Article 27(1) with respect to the cost of selective collection or receipt.subsidies shall at all times be conferred within the limits of the relevant budgetary appropriations.article 16. The planning of governments of the Flemish Region and of local governments shall contain provisions promoting the purchase of: 1 products or services which, over their entire life cycle, contribute to a better closure of material cycles or to a lower environmental impact than similar alternatives; 2 resources recovered from waste materials or products made from them. The Flemish Government may lay down more detailed rules in this regard. Article 17. (1). OVAM shall coordinate the preparation of prevention programmes and their revision if appropriate, and follows up on their implementation. The Flemish Government appoints the government agencies to be involved in the preparation and implementation of the prevention programmes.consultation platforms shall be established in accordance with Article 19 for the preparation and implementation of prevention programmes. (2) Prevention programmes shall comprise at least of measures and initiatives to be taken to promote waste prevention, more efficient and less environmentally harmful use and consumption of materials through environmental design and modified patterns of production and consumption, and better management of material cycles in accordance with Article 4. They shall aim at removing the environmental effects of material cycles, specifically the production of waste and decoupling of economic growth. Where necessary or useful, such measures shall be elaborated together with neighbouring countries or regions, local governments, or the Federal Government. The measures as referred to in the first paragraph shall be accompanied by qualitative and quantitative indicators, target values, or objectives appropriate for the particular prevention programme, which shall be used to assess the progress and effects of the measures and their contribution to the objective.(3) Draft prevention programmes and draft amendments of prevention programmes shall be published in excerpt in the Belgian Official Journal [Staatsblad] and deposited for inspection for a period of two months with the municipalities and with OVAM. During the abovementioned period, any person may submit their objections or comments to OVAM in writing.(4) Simultaneously with their publication, draft prevention programmes shall be submitted to the Flemish Environment and Nature Council [Milieu- en Natuurraad van Vlaanderen], which shall issue a reasoned opinion within two 8

9 months from receipt of the draft. Such opinion shall not be binding.(5) The Flemish Government adopts the prevention programmes, taking account of any opinions issued and objections or comments submitted. Where the Flemish Government does not follow opinions issued or does not accommodate objections or comments received, either in whole or in part, it shall justify its decision in a report annexed to the announcement as referred to in Paragraph 6.(6) Prevention programmes shall be published in excerpt in the Belgian Official Journal [Staatsblad]. They shall be deposited for inspection with OVAM, the provinces, and the municipalities, and shall be published on the OVAM website.(7) Prevention programmes may be integrated in the implementing schedules for the management of material cycles and waste materials as referred to in Article 18. Where appropriate, they shall be indicated as distinct prevention measures.(8) Prevention programmes shall apply to government agencies of the Flemish Region, provinces, municipalities, and all public-law or private-law institutions entrusted with public benefit duties related to environmental management. The duration of prevention programmes shall be laid down separately in each programme. Prevention programmes shall be reviewed and revised if necessary at least once every six years.(9) The provisions of the prevention programmes shall be binding, except where the programme itself expressly states that they shall be non-binding. In those cases they shall be indicative. Binding provisions may only be deviated from pursuant to a decision of the Flemish Government in case of compelling reasons and with proper justification. Provisions of prevention programmes which are inconsistent with a subsequently adopted regional plan or programme with regulatory or binding force shall cease to have effect.(10) The Flemish Government may lay down more detailed rules for the preparation, adoption, follow-up, and implementation of prevention programmes and the public consultation of interested parties therein contained.article 18. (1). OVAM shall draft the implementing schedules for the management of material cycles and waste materials, shall draft their revisions if any, and shall follow up their implementation. Individually or combined, such plans shall cover the entire geographical territory of the Flemish Region. Consultation platforms shall be established in accordance with Article 19 for the preparation of the draft and the execution of the implementing schedules. (2) The implementing schedules shall contain the necessary measures for the establishment of a suitably integrated network of facilities for the removal of waste and of facilities for the utilisation of mixed urban waste collected from private households, including where such collection also comprises similar waste from other producers, using the best available technologies. Such measures shall be taken with a view to promoting self-sufficiency in waste removal and utilisation of the abovementioned waste flows, and shall allow for the respective waste flows to be removed or utilises a facility which is among the nearest facilities suitable for such purpose, using the most appropriate methods and technologies to ensure a high level of protection of the environment and public health. Where necessary or useful, such measures shall be adopted together with neighbouring countries or regions. 9

10 (3) Implementing schedules may comprise an analysis of one or more material cycles and their effects on the environment and public health, as well as an overview of measures to be taken in the various phases of the life cycle in order to reduce the environmental and health effects of the use and consumption of the relevant materials, in accordance with the objectives as referred to in Article 4. (4) Implementing plans shall contain at least an analysis of the current situation with respect to waste management in general, or for one or more waste categories in particular, as well as the measures to be taken to increase the environmental friendliness of the preparation for reuse, recycling, and other forms of utilisation and removal of waste, as well as an assessment of how the plan will support the achievement of the objectives and the provisions of the present Decree.(5) Implementing plans shall have as their objective the promotion of measures to be taken by various actors involved in the management of material cycles and waste.(6) In particular, implementing plans shall comprise at least the following elements:1 type, quantity, and source of the waste produced within the Flemish Region and of waste expected to be transhipped to or from the Flemish Region, and an assessment of the future development of waste flows;2 existing schemes for waste collection and major waste removal and utilisation facilities, including specific schemes for used oils, hazardous waste, or waste flows for which specific Community legislation is in force;3 an assessment of the need for new collection schemes, closure of existing waste facilities, additional waste processing facilities, in accordance with Paragraph 2, and any associated investments;4 adequate information on criteria for the choice of the location and capacity of future waste removal facilities or major utilisation facilities where necessary;5 general waste management policy, including the proposed waste management technologies and methods, or policies for waste presenting specific management problems;6 appropriate qualitative and quantitative indicators, target values, or objectives, associated with the measures as referred to in Paragraph 2, which shall be used to assess the progress and effects of the measures and their contribution to the objective as referred to in Article 4. (7) Draft implementing plans and draft amendments of implementing plans shall be published in excerpt in the Belgian Official Journal [Staatsblad] and deposited for inspection for a period of two months with the municipalities and with OVAM. During the abovementioned period, any person may submit their objections or comments to OVAM in writing. (8) Simultaneously with their publication, the drafts as referred to in Paragraph 7 shall be submitted to the Flemish Environment and Nature Council of Flanders [Milieu- en Natuurraad van Vlaanderen], which shall issue a reasoned opinion within two months from receipt of the draft. Such opinion shall not be binding. (9) The Flemish Government adopts the implementing plans or amendments to them, taking account of any opinions issued and objections or comments submitted. Where the Flemish Government does not follow opinions issued or does not accommodate objections or comments received, either in whole or 10

11 in part, it shall justify its decision in a report annexed to the announcement as referred to in Paragraph 10. (10) Implementing plans shall be published in excerpt in the Belgian Official Journal [Staatsblad]. They shall be deposited for inspection with OVAM, the provinces and the municipalities, and shall be published on the OVAM website. (11) Implementing plans shall apply to government agencies of the Flemish Region, provinces, municipalities, and all public-law or private-law institutions entrusted with public benefit duties related to environmental management. The duration of implementing plans shall be laid down separately in each plan. Implementing plans shall be reviewed and revised if necessary at least once every six years. (12) The provisions of the implementing plans shall be binding, except where the plan itself expressly states that they shall be non-binding. In those cases they shall be indicative. Binding provisions may only be deviated from pursuant to a decision of the Flemish Government in case of compelling reasons and with proper justification. Provisions of implementing plans which are inconsistent with a subsequently adopted regional plan with regulatory or binding force shall cease to have effect. (13) The Flemish Government may lay down more detailed rules for the preparation, adoption, follow-up, and implementation of implementing plans and the public consultation of interested parties therein contained. Article 19. (1). The Flemish Government may establish consultation platforms composed of interested government agencies, institutions, and private-law organisations involved in the management of one or more categories of waste materials or the management of one or more material cycles, as well as interested organisations from society at large. The Flemish Government shall designate the interested parties. OVAM may designate additional interested parties. The consultation platforms as referred to in the first paragraph shall have objectives including the following: 1 to coordinate the measures taken by public and private actors in various phases of one or more material cycles in order to achieve the objectives as referred to in Article 4;2 to establish an exchange of information between public and private actors in connection with the management of material cycles;3 to follow up and evaluate the implementation of measures.(2) Among others, consultation platforms shall be established for:1 drafting, following up, and evaluating the prevention programmes as referred to in Article 17;2 justifying any exceptions to the hierarchy as referred to in Article 8;3 drafting, following up, and evaluating the environmental policy agreements as referred to in Article 20; 4 drafting, following up, and evaluating the implementing plans for the management of material cycles and waste materials as referred to in Article 18.(3) The Flemish Government may lay down more detailed rules for the establishment and operation of the consultation platforms as referred to in 11

12 Paragraph 1.Article 20. To achieve the objectives as referred to in Article 4, the Flemish Government may conclude environmental policy agreements in accordance with the applicable decree provisions.article 21. (1). To foster the prevention, reuse, recycling, and other utilisations of waste, the Flemish Government may take measures to ensure that each natural person or legal entity who professionally develops, manufactures, treats, processes, sells, or imports products (manufacturer of the product), bears an extended manufacturer's responsibility.the measures as referred to in the first paragraph may consist in imposing rules and obligations on natural persons and legal entities as referred to in the first paragraph with respect to any of the following:1 full or partial attribution of responsibility to organisations for the collection of any waste produced from products which they have placed on the market; 2 the obligation to accept such waste;3 full or partial attribution of responsibility for the subsequent management of such waste;4 attribution of financial responsibility for the collection and processing of such waste in accordance with Article 10;5 provision of publicly available information on environmentally responsible product use and the degree and manner of reusability and recyclability of the product.measures as referred to in the first paragraph may also be measures promoting product designs such that environmental effects and waste production are reduced in both the manufacture and subsequent use of the products, and to ensure that products which have become waste are utilised and disposed of pursuant to Article 4. Such measures may, among others, encourage the development, manufacture, and placement on the market of products which are suitable for multiple uses, which are technically sustainable and, once they become waste, are suitable for appropriate, safe recycling, another useful application, or environmentally friendly justifiable disposal. (2) The Flemish Government shall designate the products or waste materials subject to a form of extended manufacturer's responsibility. In doing so, it shall take account of technical feasibility, economic viability, and overall effects on the environment, public health, and society, having regard to the need to ensure proper market operation.(3) The extended manufacturer's responsibility shall be applied without prejudice to the responsibility for waste management as referred to in Article 12(3) and without prejudice to any existing specific legislation on waste flows and products.(4) Natural persons or legal entities as referred to in Paragraph 1(1) may use third parties to fulfil the obligations imposed on them by or pursuant to this Article, at their own expense and subject to any conditions imposed by the Flemish Government.Cooperation with municipalities shall be obligatory for the collection of household waste materials, and for other collection channels where applicable. In such a case, the Flemish Government shall lay down more detailed rules for the determination of a reasonable fee which natural persons or legal entities as referred to in Paragraph 1 shall be required to pay to municipalities for the collection of household waste into municipal waste channels.the Flemish Government may depart from the abovementioned obligation of cooperation where other collection channels are more efficient or more effective. Municipalities shall have no obligation to accept waste through municipal collection where cooperation with municipalities is not obligatory; 12

13 accordingly, municipalities shall not be entitled to the reasonable fee as referred to in Paragraph 2.Chapter 3. Provisions on the management of specific material cycles and waste materials Subchapter 1. General provisionsarticle 22. All waste materials shall be classified in one of the following main categories in accordance with their origin or nature:1 household waste; 2 company waste. Waste may in addition be classified in one or more of the following additional categories:1 hazardous waste;2 special waste;3 mixed urban waste.the Flemish Government may lay down more detailed rules on the management of waste classified in the categories as referred to in Paragraphs 1 and 2.The provisions for the main category and additional categories in which a waste material shall be classified, shall apply cumulatively as referred to in Article 29 or 32.Subchapter 2. Company wastearticle 23. Producers of company waste shall keep a chronological waste register with entries including the nature, origin, composition, quantity, destination, and method of useful application or disposal of the waste. The Flemish Government shall lay down the specific rules for the contents and structure of the waste register.producers of company waste shall report certain information from their waste register to OVAM. The Flemish Government shall determine the information to be reported and the manner of reporting. It may provide for the reporting to be included in the annual integral environmental report as referred to in Article of the Decree of 5 April 1995 laying down general provisions on environmental policy.the Flemish Government may exempt certain categories of producers from the obligations as referred to in the first and second paragraphs in view of the minor quantities and low degree of harmfulness of the waste produced by them. Article 24. Producers of company waste shall at their own expense either utilise or dispose of waste unless determined otherwise by the Flemish Government in accordance with Article 10. Article 25. (1). Possessors of company waste, waste brokers, and waste traders shall utilise or dispose of the waste:1 within the business in which the waste materials have been produced or are being treated, in accordance with the environmental permit as referred to in Article 11, or with any other applicable statutes, decrees, or regulatory requirements;2 by delivering it to a natural person or legal entity who holds a permit for the disposal or utilisation of such waste in accordance with Article 11, or who has fulfilled the reporting requirement, or who is a registered waste trader or broker as referred to in Article 13;3 by delivery to a natural person or legal entity domiciled in another region or country who is permitted under prevailing local legislation to:a) dispose of the waste, unless there is an approved waste disposal facility at a significantly nearer location which is able to dispose of the waste in an environmentally responsible manner under similar conditions; b) utilise the waste.(2) Every delivery of company waste as referred to in 1, 2, and 3 shall take place against a delivery receipt in electronic or other form. Without prejudice to Article 23, possessors of company waste shall be able to present the abovementioned delivery receipt at all times for at least 13

14 five years from the date of delivery of the relevant waste.(3) The delivery receipt shall list the following:1 date of delivery;2 name and domicile of the manufacturer or facility from whom the waste is accepted;3 name and domicile of the natural person or legal entity as referred to in 1, 2, and 3 to whom the waste is delivered;4 nature, origin, composition, and quantity of the waste delivered; 14

15 5 proposed manner of processing. The Flemish Government may lay down more detailed rules for the delivery receipt as referred to in Paragraph 2 and 3. Subchapter 3. Household waste materialsarticle 26. Every municipality shall ensure, whether or not in cooperation with other municipalities, that household waste is either prevented or reused to the maximum extent possible, is regularly collected or received through other means, and is utilised or disposed of in accordance with Articles 11, 12, and 13(2).The municipalities shall recover the cost of household waste management from the producers of the waste, in accordance with Article 10. Municipalities may empower their privatised entities or cross-municipal cooperative entities to collect the costs, including in the form of taxes and levies. The Flemish Government may lay down more detailed rules for the manner in which municipalities shall calculate the cost of household waste management.without prejudice to the provisions of this Decree, the collection and receipt of household waste shall be governed by municipal regulations.the mayor, district commissioner, or provincial governor may demand the cooperation of any person where necessary for the normal operation of the agencies entrusted with the collection of household waste as well as the required materials.article 27. Municipalities and associations of municipalities may conclude agreements with OVAM to promote or supervise arrangements for selective collection or receipt of household waste.provinces may, within the limits of Flemish waste policies, offer supporting initiatives and actions aimed at specific achievements in the relevant field.article 28. If a municipality or province, or their cooperative entity, fails to meet the obligations imposed by or pursuant to Article 26(1), or by any of the programmes and plans as referred to in Articles 17 and 18, within the period determined by the Flemish Government and thereby harms the public interest, then the Flemish Government may, after giving notice in a properly justified decision, proceed to act on behalf of the municipality or province or their cooperative entity with respect to the implementation of any and all measures necessary to fulfil the abovementioned obligations. The Flemish Region may recover the cost of such measures from the relevant municipality, province, or cooperative entity.with respect to both coordination and organisation, municipalities, provinces, and their cooperative entities shall be entitled to appeal to the Flemish Minister responsible for Living Environment. The Flemish Government shall lay down the specific rules for such an appeal procedure. Subchapter 4. Hazardous wastearticle 29. The provisions of Subchapters 1 and 2 and of Chapter 2 shall apply to hazardous waste unless the present Subchapter expressly provides otherwise.article 30. (1) Hazardous waste which is disposed of, shall be recorded and identified.(2) Hazardous waste shall be properly packed or stored and labelled during collection, transport, and temporary storage, in accordance with prevailing international and European legislation. Whenever hazardous waste is transported, it shall be accompanied by an identification form in electronic or other form, containing the appropriate information as referred to in Annex I B to Regulation (EC) No 15

16 1013/2006 of the European Parliament and the Council of 14 June 2006 on shipments of waste. The Flemish Government may lay down more detailed rules for packaging, storage and identification of hazardous waste materials.(3) Natural persons or legal entities engaged in waste processing shall not mix hazardous waste with other categories of hazardous waste or with other types of waste, substances, or materials. Mixing shall be deemed to include diluting hazardous substances. Exceptions to the prohibition referred to in the first paragraph may be granted provided the Flemish Government ensures through other measures that hazardous waste is not mixed with other categories of hazardous waste or with other types of waste, substances, or materials. (4) Notwithstanding Paragraph 3, the permit as referred to in Article 11 may allow mixing of hazardous waste with other hazardous waste or with other types of waste, substances, or materials, if:1 it is necessary to improve safety in its disposal or utilisation;2 it does not violate the provisions of Article 12(3);3 it does not increase the negative impact of waste management on human health and the environment; 4 the relevant operation is in line with best available technologies.(5) Where hazardous waste is mixed in violation of Paragraphs 3 and 4, a separation treatment must be carried out if technically feasible and economically viable, and if necessary to comply with Article 12(3).Article 31. The provisions of Article 30(2) and (5), shall not apply to mixed waste produced in households.the provisions of Article 30(2) shall not apply to separate fractions of hazardous waste originating in households, until such waste is accepted for collection, disposal, or utilisation by a facility or business holding a permit or registered pursuant to Articles 11 and 13.Subchapter 5. Special wastearticle 32. The Flemish Government lays down more detailed rules, in accordance with Article 4, for the management of special waste as referred to in Article 22(2)(2 ).The rules as referred to in the first paragraph shall be supplementary to the rules as referred to in Subchapters 1, 2, 3, 4, or 5 and Chapter 2. With respect to specific special waste materials, and activities for the management of the waste materials, they may comprise requirements differing from those of Articles 6, 11, 13, and 26 where necessary for effective disposal or utilisation of the waste. Article 33. (1) As a complement to or in implementation of Regulation (EC) No 1069/2009 of the European Parliament and the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002, the Flemish Government may lay down more detailed rules for the management of animal by-products and derivative products as referred to in the Regulation, provided they meet the definition of waste. (2) The Flemish Government may exempt producers of the waste referred to in Paragraph 1, from the reporting requirement as referred to in Article 23(2) and (3), and shall lay down more detailed rules for such matter.(3) Except in cases expressly provided for by the Flemish Government, delivery of such 16

17 waste shall be permitted only to an appropriately accredited or registered natural person or legal entity, or by such accredited or registered natural person or legal entity to an appropriately accredited and approved facility. The Flemish Government shall lay down more detailed rules for the procedures of delivery, accreditation, and registration.in cases as determined by the Flemish Government, supervisory bodies may decide that waste materials shall be disposed of through incineration or burial. (4) The Flemish Government shall designate the categories of producers of waste who shall be obliged to conclude agreements covering the costs of collection thereof by a facility as referred to in Paragraph 3.In case of a fee per individual service, the Flemish Government may lay down the maximum fees to be charged.no fee shall be charged for the collection and processing of this waste if it consists of whole dead bodies of farm animals, other than from the categories of producers as referred to in the first paragraph. The Flemish Government shall determine the rules for remuneration of such accredited facilities for their services from the funds of the Flemish Region. The Flemish Government shall determine the conditions upon which operations of waste management are to be remunerated from the funds of the Flemish Region. Chapter 4. Definition of the waste phase Article 34. The waste phase of a material commences as soon as the definition of waste is fulfilled.article 35. The Flemish Government shall prepare a list of waste materials in accordance with prevailing European legislation, which states the code to be assigned to each type of waste, which waste materials are to be considered dangerous, and which analysis methods, if any, are to be followed to determine whether a substance fulfils the definition of a particular waste material included in the list.article 36. Certain specific waste materials cease to be waste after they have undergone treatment for utilisation, including recycling, and provided they fulfil specific criteria, which criteria shall be prepared pursuant to the following requirements:1 the substance or object is commonly used for specific purposes;2 there is a market or demand for the substance or object;3 the substance or object complies with the technical requirements for the specific purposes and the legislation and standards applicable to products;4 the use of the substance or object does not have any adverse overall effects on the environment or human health.these criteria shall be elaborated in accordance with Articles 39 and 40.Article 37. A substance or object which is the result of a production process not primarily intended to produce such a substance or object shall only qualify as a by-product instead of a waste material if the following conditions are met:1 it is certain that the substance or object will be used;2 the substance or object can be used immediately without requiring any other treatment than is customary in normal production processes;3 the substance or object is produced as an integral component of a production process;4 its further use is legal, i.e. the substance or object fulfils all the requirements for products and environmental and health protection for the specific use, and will not produce any adverse overall 17

18 effects on the environment or human health.article 38. Excavated soil shall not be considered waste material if used in accordance with the requirements for use of excavated soil as referred to in the Decree of 27 October 2006 on soil decontamination and soil protection and its implementing decrees. Article 39. (1). The Flemish Government shall, where necessary and in accordance with European legislation, designate materials and set specific criteria to determine whether the relevant material is to be considered a by-product or as a material having reached its end-of-waste phase.(2). Where no European criteria have been laid down for a particular material, the Flemish Government may define specific criteria for such material, which must ensure that the requirements as referred to in Articles 36 and 37 are fulfilled. The criteria referred to in the first paragraph may, among others, relate to the origin of the material, the manner in which it has been collected, produced, or processed, the nature and composition of the material, limits for pollutants, permitted area of application, permitted method of utilisation, and the existence of a quality assurance system safeguarding input, process, and end-product quality. The assessment of the adverse overall effects on the environment and human health as referred to in Article 36(4), and Article 37(4), shall take account of the objectives as referred to in Article 4(3).(3) The Flemish Government shall lay down more detailed rules for the designation of materials and the definition of the relevant criteria, in accordance with Paragraphs 1 and 2. (4) Waste materials which no longer qualify as waste in accordance with the criteria referred to in Paragraphs 1 and 2, shall also be considered recycled or utilised with respect to the achievement of any recycling or utilisation targets. Article 40. The Flemish Government may require a resource certificate to be issued which demonstrates that the requirements and criteria as referred to in Articles 36, 37, and 39 have been met. Applications for resource certificates shall be decided by OVAM. Decisions of OVAM on issuing resource certificates shall be subject to appeal to the Flemish Minister responsible for Living Environment.The Flemish Government may lay down more detailed rules for the issuance procedure for resource certificates, the appeal procedures, and the requirements for resource certificates.chapter 5. Environmental fees, duties, and leviessubchapter 1. Environmental feesarticle 41. The harbour authority shall ensure that the cost of using the harbour collection facilities associated with the delivery of ship waste from seafaring vessels, including treatment and processing of ship waste, are paid for through fees levied from vessels by means of a cost recovery system which must not encourage the discharge of waste at sea.the Flemish Government may lay down more detailed rules which the cost recovery system must fulfil.article 42. To fund the collection and processing of oil- and fat-containing shipping waste produced in the 18

19 operation and maintenance of inland vessels, an environmental fee shall be charged in proportion to the quantity of gas oil purchased for inland navigation, in accordance with the provisions of the Convention on the Collection, Deposit, and Reception of Waste occurring in the Course of Navigation Inland and on the Rhine, signed at Strasbourg on 9 September 1996 and ratified by Decree of 9 May The above applies exclusively to fuel which is exempt from customs duties and other taxes, and which is intended for vessels not being vessels approved for maritime and coastal navigation or used predominantly for such purposes. The environmental fee shall be payable by the person who commands the vessel taking in the gas oil for inland navigation. The Flemish Government may lay down more detailed rules where necessary to ensure proper operation of the financing system. Article 43. Harbour authorities accommodating inland vessels and waterway operators shall elaborate a financing system for the reception and disposal of other shipping waste, in accordance with the provisions of the Convention on the Collection, Deposit, and Reception of Waste occurring in the Course of Navigation Inland and on the Rhine, signed at Strasbourg on 9 September 1996 and ratified by the Decree of 9 May The associated fees may be either incorporated in the harbour or docking fees or charged separately.the Flemish Government may lay down more detailed rules which the financing system must fulfil. Subchapter 2. Environmental dutiesarticle 44. The definitions as referred to in the Decree of 28 June 1985 on environmental permits shall apply accordingly to the present Subchapter. Article 45. Operators of facilities subject to a permit requirement, as referred to in Article 46(1)(1)(1)-(18), and 46(2)(1), as well as companies and facilities collecting or transporting waste as part of a business, and traders or brokers of waste with respect to its processing outside the Flemish Region, as referred to in Article 46(1)(1)(19), shall be subject to an environmental duty.municipalities, or associations of municipalities acting on their behalf, may be designated as the duty subject with respect to household and municipal waste collected by them, if given appropriate authorisation by OVAM. Such authorisation shall mention the relevant waste flow, its actual destination, and the tariff of the duty. A copy of such authorisation shall be submitted to the operator of the facility to which the actual waste flow will be transported. Operators shall list the relevant quantities in an annex to their reports, with a reference to the respective authorisation. Operators shall report the relevant quantities in time to those municipalities, or associations of municipalities acting on their behalf, which act as duty subjects for such quantities and submit reports in accordance with the provisions of the present Decree.Without prejudice to the exceptions as referred to in Article 47(2), the duty as referred to in Article 46(1)(1)(1)-(18), and 46(2)(1) shall apply to quantities of waste materials as they are dumped, combusted, or co-combusted, including any additives added to facilitate the dumping, combustion, or co-combustion of the waste. 19

20 Article 46. (1). The amount of the environmental duty shall be determined as follows depending on the type of waste and the type of processing method: 1 for waste combustion, if it is not covered by an environmental or operations permit in accordance with prevailing legislation: EUR 150 per ton;2 for leaving or managing waste in violation of the provisions of the present Decree or its implementing decrees, as referred to in Article 12(1): EUR 150 per ton;3 for dumping of flammable waste at an appropriately approved landfill: EUR 75 per ton; 4 for dumping of household waste which could not be processed in an approved facility for processing household waste because the operator has voluntarily and temporarily closed his or her facility outside normal maintenance periods for being unable to comply with the conditions of his or her permit: EUR 20 per ton. Such exception shall apply to any facility for a period of eighteen months only, from the first day of the month during which the facility was voluntarily closed;5 for dumping of non-flammable waste at an appropriately approved landfill: EUR 40 per ton; 6 for dumping of residues originating from soil decontamination in appropriately approved soil decontamination facilities, at an appropriately approved landfill: EUR 3 per ton; 7 for dumping of residues originating from the treatment of sewage sludge in appropriately approved facilities, at an appropriately approved landfill: EUR 3 per ton; 8 for dumping of sludge residues originating from fine sand decontamination in appropriately approved facilities, at an appropriately approved landfill: EUR 3 per ton; 9 for dumping of immobilised non-flammable waste originating from appropriately approved facilities, at an appropriately approved landfill, provided that such immobilisation is necessary to comply with the permit requirements for the landfill: EUR 23 per ton; 10 for dumping of the iron oxide waste known as jarosite and goethite, originating from the production of zinc, at an appropriately approved landfill: EUR 5 per ton; 11 for dumping of gypsum or calcium chloride waste originating in the production of phosphoric acid or in metallurgical processes, at an appropriately approved landfill: EUR 1 per ton; 12 for dumping ore residues originating in the production of titanium-dioxide pigments using the chlorine process, at an appropriately approved landfill: EUR 5 per ton; 13 for dumping dredgings at an approved landfill: EUR 0.1 per ton; 14 for dumping clearing dredgings at an appropriately approved landfill: EUR 0.1 per ton; 15 for dumping inert waste materials and sludge from the production of drinking water, at an appropriately approved landfill: EUR 11 per ton; 16 for the combustion of waste in an appropriately approved facility: EUR 7 per ton; 17 for the co-combustion of waste in an appropriately approved facility: EUR 7 per ton; 18 for sorting or pre-treatment of waste in an appropriately approved facility: the amounts as referred to under 1-17 as determined by the processing method applied to the non-recycled or recycled waste materials. Where 20