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Legal framework

A collection and processing system for waste electrical and electronic equipment (WEEE) has been in place in Belgium since 1 July 2001. This system was created out of a legal obligation called ’the take-back obligation‘. The European legislation defines 10 categories of electro-appliances for which the take-back obligation applies.

Since July 2008, Recupel has maintained product lists that are based on these categories. These lists provide more details per category to make clear which appliances we have included in the take-back obligation.

Manufacturers and importers of electro-appliances are primarily active in the three regions, so it was logical to implement a single uniform take-back system on the national level. To make the implementation of a single take-back system for waste possible, an agreement was signed periodically per region between the regional authorities and industry. These agreements are called "Environmental policy agreements" and concern the take-back obligation for waste.


Authorities

Recupel works very closely with the regional authorities. From the start, when industry took the initiative to find an executive solution for the legal take-back obligation, there has been dialogue with, and support from, these authorities.

This initiative resulted in a collective system that Recupel implemented in consultation with the government. The three regional governments are responsible for overseeing this system.

In practice, the regional authorities are very closely involved:

  • they sit as observers on Recupel‘s Board of Directors and the Board of Directors of the sectors;
  • they approve the Recupel contributions and are involved in awarding the contracts regarding collection and processing;
  • they receive Recupel‘s communication campaigns in advance;
  • theyplay an important role in all major decisions, such as approving the annual budget, the year-end accounting, new contributions, etc.

Upon signing each new environmental policy agreement, Recupel must draw up a management and financial plan for the long-term. Each year, an implementation plan is developed.

The regions work together to make Recupel the best collective system. The semi-annual strategic exercise illustrates this collaboration. Supplemented with the periodic consultation around the approach towards so-called ’free riders‘ (importers/manufacturers that are not members of the collective system and have not submitted individual plans) and the updating of the European Directive (which appliances are subject to the Recupel contribution). The bimonthly inter-regional consultation concerning the general operational activities of the Recupel system further strengthens the ties.

 

Environmental policy agreements

Flemish Region, 26 January 2001, B.S , 31 May 2001 (PDF).
Flemish Region, 17 October 2008, B.S. 9 June 2009 (PDF).
Flemish Region, 19 April 2016, B.S. 18 May 2016 (PDF).
Walloon Region, 19 February 2001 (PDF).
Walloon Region, 11 May 2010, B.S. 10 June 2010 (PDF).
Brussels Metropolitan Region, 19 February 2001 (PDF).
Brussels Metropolitan Region, B.S. 29 February 2012 (PDF).

Royal Decree

14 June 2006 – Royal Decree amending the Royal Decree of 12 October 2004 regarding hazardous substances in electro-appliances. (PDF)
Royal Decree of 12 October 2004 regarding hazardous substances in electro-appliances, B.S., 20 October 2004. (PDF)

Flemish Region

Flemish Parliament Decree 2 July 1981 concerning the prevention and management of waste products, B.S., 25 July 1981 (PDF).
Flemish Parliament Decree 15 June 1994 concerning the environmental policy agreements, B.S., 8 July 1994 (PDF).
Decree of the Flemish government of 17 December 1997 towards enactment of the Flemish regulation concerning waste prevention and management (VLAREA), B.S., 16 April 1998 (PDF).
Decree of the Flemish government of 5 December 2003 towards enactment of the Flemish regulation concerning waste prevention and management (VLAREA II), B.S., 30 April 2004 (PDF), as amended by the Decree of the Flemish government 17 December 2004, B.S, 20 January 2005 (PDF).
Decree of the Flemish government of 14 July 2004 towards amendment of the Decree of the Flemish government of 5 December 2003 towards enactment of the Flemish regulation concerning waste prevention and management, B.S., 8 October 2004 (change to Directive 2002/96/CE).(PDF)
Ministerial Decree of 18 July 2005 maintaining enactment of further regulations for the assignment of the collection costs at container parks for manufacturers in the context of the take-back obligation, B.S., 31 August 2005. (PDF)
Decree of the Flemish government towards amendment of the Decree of the Flemish government of 5 December 2003 towards enactment of the Flemish regulation concerning waste prevention and management, the Decree of the Flemish government of 6 February 1991 maintaining enactment of the Flemish regulation concerning the environmental permit, the Decree of the Flemish government of 1 June 1995 maintaining general and sectoral stipulations concerning environmental protection, the Decree of the Flemish government of 14 December 2007 maintaining enactment of the Flemish regulation concerning soil decontamination and soil protection and the Decree of the Flemish government of 15 December 2006 concerning the collection and processing of animal waste, B.S. 1 April 2009. (PDF) For an overview of the amendments in the original text click here
Decree of the Flemish government of 23 December 2011 on the durable management of material and waste flows , B.S. 28 Febuary 2012. (PDF)
Decree of the Flemish government of February 17 towards the enactment of the Flemish regulation on the durabel management of material and waste flows, B.S. 23 May 2012. (PDF)

Brussels Metropolitan Region

Edict of the Brussels Metropolitan Council of 7 March 1991 concerning the prevention and management of waste products, B.S., 23 April 1991 (PDF).
Decree of the Brussels Metropolitan Government of 18 July 2002 towards implementation of a take-back obligation for certain waste products with attention to their useful application or their removal, B.S., 27 September 2002 (PDF).
Edict of 29 April 2004 concerning the environmental agreements, B.S., 27 May 2004 (PDF).
Decree of the Brussels Metropolitan Government of 3 June 2004 towards amendment, with regard to WEEE, of the Decree of the Brussels Metropolitan Government of 18 July 2002 towards implementation of a take-back obligation for certain waste products with attention to their useful application or their removal, B.S., 28 July 2004 (partial change to Directive 2002/96/EG) (PDF).
Decree of the Brussels Metropolitan Government of 3 June 2004 concerning the managers of WEEE, B.S., 3 June 2005 (PDF).
Decree of the Brussels Metropolitan Government towards amendment of the Decree of the Brussels Metropolitan Government of 18 July 2002 towards implementation of a take-back obligation for certain waste products with attention to their useful application or their removal, Belgian Bulletin of Acts, Orders and Decrees, 28 November 2008 (PDF).

Decree of the government of the Brussels Region concerning the management of waste products, B.S., 13 January 2017 (PDF).

 

Walloon Region

Decree of the Walloon Region Council of 20 December 2001 amending the Decree of 27 June 1996 concerning waste products, B.S., 6 February 2002 (PDF).
Decree of the Walloon Region Council of 20 December 2001 concerning the Environmental agreements, B.S., 6 February 2002 (PDF).
Decree of the Walloon Government of 25 April 2002 implementing a take-back obligation for certain waste products with attention to their useful application or their management, B.S, 18 June 2002 (PDF), as amended by the Decree of the Walloon Government of 10 March 2005, B.S., 18 April 2005 (PDF).

European Union

Directive 2002/96/EG of the European Parliament and Council of 27 January 2003 concerning WEEE, Publication paper of the European Union, 13 February 2003. Change to the directive by the member states prior to 13 August 2004, implementing a take-back system for household WEEE at the latest on 13 August 2005 (PDF).
This Directive has been amended by Directive 2003/108/EG of the European Parliament and Council of 8 December 2003 towards amendment of Directive 2002/96/EG concerning WEEE, Official Journal of the European Union, 31 December 2003. The amendment concerns the funding (PDF).
Directive 2002/95/EG of the European Parliament and Council of 27 January 2003 concerning restricting the use of certain hazardous substances in electro-appliances, Official Journal of the European Union, 13 February 2003 (PDF).
Revision of the Directive
Directive 2012/19/EUof the European Parliament and Council of 4 July 2012 on waste electrical and electronic equipment (WEEE), Official Journal of the European Union, July 24, 2012. (PDF)

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