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EIMPack – Economic Impact of the Packaging and Packaging Waste Directive
Framework and Evolution of the Packaging Sector in Belgium - Report 0
June 2012
Legal notice
This report consists of a study based on the information provided by the utilities. It was prepared as part of the
work programme of EIMPack - Economic Impact of the Packaging and Packaging Waste Directive, financed
by European Investment Bank. The European Investment Bank or any person or company acting on behalf of
the Bank is not responsible for the use that may be made of the information contained in this report.
Research team
Rui Cunha Marques (Principal Investigator)
Nuno Ferreira da Cruz (Researcher)
Pedro Simões (Researcher grant)
Sandra Faria Ferreira (Research grant)
Marta Cabral Pereira (Research grant)
Simon De Jaegger (Consultant)
Task 3 – Financial Flows
i
Table of Contents
Page
LIST OF FIGURES ........................................................................................................... II
LIST OF TABLES .............................................................................................................III
1. INTRODUCTION .......................................................................................................... 1
2. LEGAL FRAMEWORK .................................................................................................. 3
2.1 Waste Management ................................................................................................ 3
2.2 Waste Management Policies ................................................................................... 8
2.3 Urban Solid Waste Management Models................................................................14
2.4 Waste Authorities ...................................................................................................16
3. URBAN WASTE SERVICES OPERATORS .................................................................18
4. LICENSED ENTITIES FOR MANAGING THE LOGISTICS CHAIN OF PACKAGING
WASTE ............................................................................................................................23
4.1 Introduction ............................................................................................................23
4.2 Fost Plus ................................................................................................................23
4.3 Val-I-Pac ................................................................................................................25
5. ECONOMIC AND FINANCIAL ASPECTS ....................................................................27
6. CURRENT SITUATION ...............................................................................................31
7. CONCLUSIONS ..........................................................................................................36
REFERENCES ................................................................................................................38
ANNEXES .......................................................................................................................43
Annex I .........................................................................................................................44
Task 3 – Financial Flows
ii
List of Figures
Figure 1 - The intercommunales for the urban waste services in Flemish region .............19
Figure 2 – The intercommunales for the urban waste services in Walloon region ............19
Figure 3 – The public company responsible for urban waste services in Brussels-Capital
region ..............................................................................................................................21
Figure 4 – Framework of household packaging waste management ................................24
Figure 5 – Framework of industrial packaging waste management ..................................26
Figure 6 – Generation of municipal waste (kg per capita) ................................................31
Figure 7 – Packaging waste generated by material (tonnes) ............................................33
Figure 8 – Recycling rate (%) for packaging waste by material ........................................34
Figure 9 – Recovery rate (%) for packaging waste by material ........................................35
Task 3 – Financial Flows
iii
List of Tables
Table 1 – Reuse and recycling conditions for the ecotaxes’ exemptions ........................... 4
Table 2 – Updates of the Cooperation Agreement of 30 May 1996 ................................... 7
Table 3 – Main targets of “Waste Plans” implemented in Flanders until 2007 ..................13
Table 4 – Forms of inter-municipal cooperation in Flanders .............................................15
Table 5 – Type of infrastructures for treating the urban waste in Flanders for the year 2012
........................................................................................................................................20
Table 6 – Type of infrastructures for treating the urban waste in Wallonia .......................21
Table 7 – Type of infrastructures for urban waste services in Brussels-Capital region .....22
Table 8 – Green Dot fees from 2009 ................................................................................28
Table 9 – Fixed contributions from 2009 ..........................................................................29
Table 10 – Municipal waste generation and treatment (in thousands of tonnes) ..............32
Table 11 – Packaging waste generated by material (in tonnes) .......................................32
Task 3 – Financial Flows
1. Introduction
1
1. Introduction
With the exception of radioactive waste, in Belgium waste policies are exclusive
competencies of the three Belgian regions since 1993. It was during this year that country
was constituted as a federal state composed by communities (The Flemish, French and
German communities) and regions (Flanders, Wallonia and Brussels-Capital).
Nevertheless, in fact, the national government has limited powers in this field, mainly
related to the products standardization and to the negotiation and implementation of the
international commitments of the country (such as the transposition of the European
Directives into the Belgian legislation, Criekemans, 2010).
Before the European Union (EU) Directive 94/62/EC on packaging and packaging waste
(PPW), the Belgian government had already implemented fiscal instruments to encourage
to the ecodesign1 of products. The PPW Directive was transposed into Belgian legislation
through an Agreement established in 30 May 1996 among the three regions. It is called
the Interregional Cooperation Agreement. This agreement introduced the “shared
responsibility of producer” principle in Belgium. In order to comply with the ambitious
targets of recycling and recovery, it imposed “take-back” obligations to all economic
operators who place packaging and packaged products on the national market.
Nevertheless, the economic operators had the possibility to transfer those obligations to a
company licensed for managing the household and/or industrial packaging waste. Fost
Plus is the licensed company (called hereafter “green dot company”) for managing the
household flow while Val-I-Pac is a licensed organization to manage the industrial flow.
1 Ecodesign aims to develop products more environmentally friendly, i.e. reducing the use of non-renewable
resources and, therefore, to minimize their (negative) impacts.
Task 3 – Financial Flows
1. Introduction
2
Currently, Belgium is the second most effective recycler of municipal waste in the EU. In
addition, it has shown a waste production per capita below the European average (as well
as the quantity of waste which is landfilled). On average, in 2007, 40% of municipal waste
produced in Europe was landfilled. In Belgium this rate was only 4%. Nowadays, this
percentage is even lower (approximately 1%). For the particular case of packaging waste,
in 1999 Belgium had already overcome the targets set by the PPW Directive to be met in
2008 (Eurostat, 2012).
This report intends to provide a snapshot regarding the waste sector in Belgium,
highlighting the packaging waste recycling issues. Therefore, after this brief introduction,
section 2 provides an overview of the legal framework of the waste sector, including the
management models and the competent authorities. Section 3 describes the urban waste
services operators and in section 4, the accredited companies responsible for managing
the packaging waste flow in Belgium are presented. Section 5 discusses the economic
and financial aspects of the current Belgian recycling system while in section 6, the
current state of affairs is characterised. Finally, the main conclusions are discussed in
section 7.
Task 3 – Financial Flows
2. Legal Framework
3
2. Legal Framework
2.1 Waste Management
As mentioned in the introduction, the environmental and waste policies are exclusively
competencies of the Belgian regions. Nevertheless, certain federal policy competencies
can have an explicit impact waste management in Belgium. In particular product
standardization and product taxes - two federal competencies – are linked to waste
management. In this section we therefore briefly discuss eco-taxes before turning to the
regional waste policies.
The Belgian government started to integrate environmental and fiscal policies through the
implementation of the Eco-tax Act of 1993 (as part of the ordinary Law of 16 July 1993).
Since producers incorporate the tax in the product price, the tax is (to a large extent) paid
by the consumers. Therefore, the main objective of the law was to change producers’
behaviour, changing consumers’ behaviour when they have economically and
environmentally friendly alternatives (De Clercq, 1996). Besides the eco-tax be seen as
an incentive to promote socially desirable behaviours, it is an environmental tax which
partially finances the recycling of the end-of-life product. .
The beverage containers and packaging of certain industrial goods were among the
products covered by the eco-taxes scheme. Initially, the law stated that producers putting
reusable containers in the market would directly benefit from a reduction in the fiscal
taxes. On the other hand, producers placing non-environmentally friendly containers in the
market would have to pay a packaging contribution (Lavrysen and Misonne, 2004). The
Federal government still created a complex system of exemptions based on reuse and
recycling conditions (see table 1). However, this law was amended several times, since
some of its provisions proved to be unfeasible although also political reasons played a
Task 3 – Financial Flows
2. Legal Framework
4
role. First, this law appealed to a single instrument (eco-tax) to achieve several objectives.
Second, the eco-tax heavily promotes reuse of packaging material although there is no
evidence it is the best option in all situations (De Clercq, 1996). Finally, some EU Member
States (MS) argued that the proposed scheme would constitute a barrier to trade and it
was discriminatory. Therefore, the provisions related to the exemptions were cancelled
and the last update of the fiscal regime entered into force on 10 April 2007, under which
non-refillable containers are taxed at a rate of 9,86 € per 100 litres while refillables are
taxed at 1/7th of that rate, 1,41 € (Perchards, 2007).
Table 1 – Reuse and recycling conditions for the ecotaxes’ exemptions
Reuse conditions
Beverage containers Containers/packaging that can be reused at least seven times and that are effectively collected through a deposit refund system, entirely financed by the producers themselves (according to the polluter-pays principle). Packaging of certain industrial
goods
Recycling conditions
Beverage containers (recycling targets over the period 1996-2000)
Glass 55-80%
Metals 40-80%
Plastics 20-70%
Composite packaging for foodstuffs 20-70%
Packaging of certain industrial goods (collection targets)
Packaging of glue with a content above 20 litres
After 6 months – 40%
After 1 year – 55%
After 2 years – 70%
Packaging of glue with a content between 10 and 20 litres
Must be collected by a voluntary collection system, but no specific targets apply
Packages of ink with a content above 2,5 litres
1 year – 40%
2 years – 60%
3 years – 85%
Packaging of pesticides for agriculture
After 1 year – 60%
After 2 years – 80%
Task 3 – Financial Flows
2. Legal Framework
5
The Federal Act on Product Standards of 21 December 1998 aimed to promote
sustainable consumption and production patterns (Lavrysen and Misonne, 2004). It
adopted the essential requirements concerning the packaging and packaged products
marketing, imposed by the EU Directive 94/62/EC on PPW. This Act was amended by the
Laws of 10 September 2009 and of 27 July 2011 based on the REACH2 and CLP3
international regulations. According to the technical standards for all packaging imposed
by the Product Standards Act, the Royal Decree of 25 May 1999, amended by the Royal
Decree of 1 July 2006, limits the content of heavy metals in packaging material.
At the regional level, waste disposal activities are always subject to an environmental
permit. In the Flemish region, waste management is ruled by the Regional Statute of 14
December 2011 (Belgian Gazette, 28 February 2012). The practical implementation of the
principles outlined in the Statute is further précised in a bundle of Flemish regulations
called VLAREMA, which entered into force together with the statute. . In the Walloon
region, waste management is regulated by the Regional Statute of 27 June 1996 on waste
and revised on 10 May 2012 (Belgian Gazette, 29 May 2012), while the Brussels region
approved a new ordinance on 14 July 2012 (Belgian Gazette, 2 August 2012).
Although management of packaging waste is a regional responsibility, on May 30, 1996,
the three Belgian regions concluded an Interregional Cooperation Agreement on
prevention and management of packaging waste. This agreement, which applies to all
household and industrial packaging waste that is brought onto the Belgian market, is a
transposition of the PPW Directive into Belgian legislation. As the agreement has force of
law throughout Belgium, it also ensures a harmonized management of packaging waste
across the three regions (IVCIE, 2012). Afterwards, the Directive 2004/12/EC was
transposed in the revised Cooperation Agreement of 4 November 2008 which came into
force in 2009 (Pinckaers, 2012).
In line with the procedures carried out by other Member States, the agreement stipulates
that all economic agents responsible for packaging (such as producers, packers, fillers
2 REACH regulations regarding registration, evaluation, authorisation and restriction of chemicals’ use in the
products placed on the market.
3 CLP regulations regarding classification, labelling and packing of the products placed on the market.
Task 3 – Financial Flows
2. Legal Framework
6
and importers and industrial consumers4) have to assume a “take-back” obligation. The
duties deriving from this “take-back” obligation, such as the responsibility to meet
recycling and recovery quotas, can be transferred to a licensed company for managing
this specific waste stream (Lavrysen and Misonne, 2004).
In Belgium, there are two licensed companies for managing packaging waste and to meet
the imposed recycling and recovery targets on behalf of the industry. Fost Plus is the
licensed company for managing the household packaging waste, holding 89% of the
Belgian market share in 2009. Val-I-Pac is licensed for the management of industrial flow,
managing 84% of the market. Only 2% of the economic agents with industrial packaging
responsible have assumed their “take-back” obligations through an individual recycling
system (Adams, 2011).
The licensed companies (Fost Plus and Val-I-Pac) have to submit to the competent
authority (Interregional Packaging Commission – IPC) the financial plan and the budget
for the period of the certification, stating the following (Lavrysen and Misonne, 2004):
The nature of packaging waste produced (from household or industrial flow) and
the estimation of the quantities of secondary raw materials resulting from recycling
of packaging material;
The method for calculating the contributions to pay for the collection and treatment
(including energy recovery and other forms of waste treatment) service, the cost
coverage and the way that the collection will be carried out;
The geographical area that will be covered by the service;
The minimum technical specifications for the sorting of the different packaging
waste materials, for planning and organizing the collection and for the sale of
sorted materials;
The financing model of the communication costs regarding the activities of waste
selective collection.
4 Industrial consumer (or industrial customer) is an entity that purchases products with the intent of using them
in the course of operating a business.
Task 3 – Financial Flows
2. Legal Framework
7
The law on 30 May 1996 had already imposed national recycling and recovery targets
more ambitious than the European Directive. The recycling rates were increasing from
35% (in 1996) to 50% (in 1999) over the period 1996-1999. In the same period, the
recovery rates were increasing from 50% (in 1996) to 80% (in 1999). These targets were
raised in the legislation currently in force. In 2009, the recycling and recovery targets of
household packaging waste were 80% and 90%, respectively. In 2010, the recycling and
recovery targets of 80% and 85% (respectively) of the industrial flow should be fulfilled
(Adams, 2011). Table 2 highlights the main updates of the cooperation agreement of
1996.
Table 2 – Updates of the Cooperation Agreement of 30 May 1996
Cooperation Agreement of 30 May 1996 Cooperation Agreement of 4 November 2008
Applicable to household and industrial packaging waste
“Take back” obligations:
(1) Producers (packers/fillers)
(2) Importers
(3) Industrial consumer
“Take back” obligations:
(1) Producers (packers/fillers)
(2) Importers
(3) Industrial consumer
(4) Producers/importers of (empty) “service packaging”
Global recycling/recovery targets:
1996
Recycling – 35%
Total recovery – 50%
1997
Recycling – 40%
Total recovery – 60%
1998
Recycling – 45%
Total recovery – 70%
1999
Recycling – 50%
Total recovery – 80%
Global recycling/recovery targets:
From 2009
For household packaging waste:
Recycling – 80%
Total recovery – 90%
From 2010
For industrial packaging waste:
Recycling – 80%
Total recovery – 85%
Task 3 – Financial Flows
2. Legal Framework
8
Table 3 – Updates of the Cooperation Agreement of 30 May 1996 (Cont.)
Cooperation Agreement of 30 May 1996 Cooperation Agreement of 4 November 2008
Specific recycling targets:
Before 1 January 1998, a minimum recycling target of at least 15% (by weight) of each packaging material from both household and industrial flows had to be achieved
Specific recycling targets (from 2009):
Glass – 60% (by weight)
Paper/cardboard – 60% (by weight)
Composite packaging for foodstuffs – 60% (by weight)
Metals – 50% (by weight)
Plastic – 30% (by weight)
Wood – 15% (by weight)
Regarding the new EU Waste Framework Directive 2008/98/EC, Belgium did not meet the
2010 deadline to transpose the Directive into national legislation. However, the three
regions recently adopted regional statutes translating the directive into Belgian regional
law. In Flanders, the decree of 14 December 2011 (Belgian Gazette, 28 February 2012),
and the corresponding implementation decisions came into force on July 2012; the
Walloon region enacted the new waste directive on 10 May 2012 (Belgian Gazette, 29
May 2012) and on 21 June 2012 the parliament of the Brussels-Capital region approved
an ordinance incorporating the new waste directive (Belgian Gazette, 2 August 2012).
2.2 Waste Management Policies
As waste policies are competencies of the Belgian regions, the Federal Government does
not have specific waste management strategies. The remaining federal competencies
related to waste policy are embedded in other strategies and action plans. For instance,
the Federal Plan for Sustainable Development for the period 2000-2004, adopted on 20
July 2000, emphasizes actions leading to sustainable consumption and production
patterns, including:
Policies for information, education and public awareness;
Policies for products design;
Policies for consumption by public entities.
Task 3 – Financial Flows
2. Legal Framework
9
Concerning the waste issues, those federal actions supported the objectives for waste
reduction, sorting and recycling defined in the waste plans of the regional governments
(SSESD, 2000). In 2004, measures envisaging a more responsible use of natural
resources were approved in the Federal Plan for Sustainable Development for the period
2004-2008 (ETC, 2006). On the other hand, the Federal Products Plan (2009-2012) was
adopted in order to improve the environmental quality of the products placed in the
market. 5
The Federal government also contributed to the waste prevention and management, using
several policy instruments (EEA, 2011):
Standardization, certification and labeling of all products, according to the
products/packaging standards Acts;
Economic incentives based on the Eco-tax Act;
Actions of communication.
The specific socio-economic and geographical context of the Brussels region - its high
degree of urbanization, its relative small surface (about 161 km²) or the fact that the more
than 350,000 commuters from neighboring regions have a significant impact on waste
generation in the region - has an important bearing on the development of the regional
waste management strategy (IBGE, 2010). For instance due the limitations on available
space, the Brussels region has to rely on the infrastructure of neighboring regions for
landfilling certain residual waste streams. The specific context of the Brussels region is
also reflected in the regional waste plans. In general the waste plans set out guidelines,
defines targets and proposes measures for devising a more sustainable waste
management system in the Brussels region. In 1992, the Brussels region came up with its
first a Waste Prevention and Management Plan (hereafter “waste plan”). Since then the
plan has been revised, every 5 years. The first “waste plan” (1992-1997) mainly focused
on implementing selective waste collection. The second plan (1998-2002) emphasized the
importance of minimizing waste production. One of the main goals put forward in this plan
was to reduce waste generation by 10% in the period 1998-2002. The third version (2002-
2008) focused on waste sorting and recycling activities (Bambeke, 2011). The fourth plan
5 Environmental quality of a product is related to the ecodesign.
Task 3 – Financial Flows
2. Legal Framework
10
was approved in March 2010, for an indefinite duration, being assessed and revised every
2 years. Once again, the waste prevention aspects deserved special attention. The main
concern is striving to achieve measurable reductions in the quantities of specific waste
flows (including paper and packaging waste) by 2013 and 2020 (EEA, 2011). In that
sense the plans mainly focusses on continuity and reinforcement of existing actions. In
addition the plan lists a series of measures which should be implemented by 2014. Priority
is, amongst others, given to legislative simplification, prevention campaigns, increasing
the number of container parks, data collection, etc. (IBGE, 2010). Note that the plan is
only binding for the provisions listed in the (revised) ordinance of 7 March 1991 (Belgian
Gazette 23 March 1991). These include amongst others the provisions linked to the
technical side of processing or the useful application of household waste.
The Flemish waste strategy includes several economic instruments such as disposal
taxes, landfill bans and financial incentives for recyclable waste collection. Moreover, an
important part of the Flemish waste strategy encompasses a set of voluntary agreements
with the main stakeholders involved in waste management (regional government,
municipalities and industries). The waste policy is operationalized via the ‘waste plans’.
Both the focus as the general objectives of the waste plans changed considerably during
the last decades. While first waste plan mainly focused on implementing a waste disposal
system, the emphasis of subsequent plans gradually switched to collecting and preventing
waste. Note that the current approach consist of system of several interlinked plans. In
particular the so-called Annual Environmental Program and the Implementation Plans
constitute the actual link between the policy intention and the implementation.
For instance the implementation plan for ‘Environmentally Responsible Household Waste
Management’ currently into force (published on 14 December 2007, Belgian Gazette, 7
January 2008) outlines several objectives and action programs in order to achieve three
main ambitions: (1) produce the least possible quantity of waste, (2) use the greatest
possible amount of waste to generate secondary raw materials through recycling, and (3)
dispose non-recyclable flows in the best possible way. Some of the main action programs
set out in this strategy encompass the following objectives:
Change the consumption patterns. The Flemish Government and its
administrations set an example, being active participants in the “National Action
Task 3 – Financial Flows
2. Legal Framework
11
Plan for Sustainable Purchases by Government”. In addition, the Flemish
Government has developed databases with the indicators for environmentally
responsible product purchases.
Encourage waste reuse, implementing accredited reuse centre6 in order to achieve,
annually, at least 5 kg per capita of reusable goods delivered in centres;
Improve selective collection systems and sorting operations in order to increase
the quantities of recycled waste reintroduced into the market;
Collect 75% of household waste through selective collection methods.
Reduce the amount of residual waste7 treated, producing (a maximum) of 180 kg
of municipal waste per capita until 2010 and reducing 15% of industrial waste in
2015 being the main goal for Flanders to reduce to 150 kg per capita;
Ensure the capacity of final treatment, complying with the Best Available
Techniques and the emissions standards and increasing energy recovery.
By embedding the legal status of the implementation plans in the Flemish waste decree,
the provisions of the plans become binding for the authorities, institutions or persons
responsible for public waste related services. An overview of the focus and main
objectives of the waste plans in force is presented in Table 3.
In 1991, the Walloon regional government approved the first plan for waste prevention
and elimination in the Walloon region. The plan, initially intended for the 1991-1995
period, focused on the development of a global and integrated waste management system
with emphasis on prevention, recycling and responsible treatment of waste flows. In 1998,
the Walloon region presented the second Waste Management Plan, being valid by 2010.
The Plan covered industrial, municipal and hazardous waste management, defining
targets for prevention, composting, recycling and landfilling. Comparable to the Flemish
implementation plan, the orientation, guidelines and interpretations of the legal system
6 Centres financially supported (during the planning stage) by the Flemish government for selling used
products.
7 The term of residual waste refers to waste from household flow which were not separated and/or were not
sent for reprocessing.
Task 3 – Financial Flows
2. Legal Framework
12
determined in the Walloon Waste Management Plan are binding for the regional and local
authorities as well as other entities or persons charged with public waste related services.
Since 2011 the environmental authorities have been preparing a new Waste Plan aiming
at the reduction of the environmental impact of waste production and treatment (Plan
wallon des déchets Horizon 2020). To serve this goal, the regional government has
performed several studies evaluating the current system and estimating the impact of
proposed changes. Examples include an evaluation of the regional policy regarding
container parks (SPW, 2012) an estimation the economic and environmental impact of a
deposit-refund system for beverage cans (RDC, 2011) and an assessment of the cost of
visual pollution caused by littering (SPW, 2011). Resulting recommendations and
propositions for the new waste plan are both on the strategic level as on the more
practical level and deal amongst others with prevention, reuse, selective collection and
treatment of waste.
The Walloon region has also imposed a taxation system with high taxes for landfilling, tax
deductions for environmentally friendly technologies and eco-taxes for certain products,
including packaging (ETC, 2006).
Task 3 – Financial Flows
2. Legal Framework
13
Table 4 – Main targets of “Waste Plans” implemented in Flanders
1st
Waste Plan
(1986-1990)
2nd
Waste Plan
(1991-1995)
Environmental Management Plan
(1997-2001)8
The Strategic Waste Plan (2002-2006), with a view
to 2010
Environmentally Responsible Household
Waste Management
(2008-2015)
Type of waste
All types of waste
All types of waste with a focus on construction and demolition (C&D) waste and organic municipal waste
All types of waste with focus on organic waste (municipal and industrial flow)
All types of waste All types of waste
General objectives
Implementation of a waste treatment system
Prevention, reduction and recovery (including recycling)
Sectorial implementation plans and targets
C&D waste
- 25% of waste reduction
- 75% of waste recovery (recycling) by 2000
Organic waste
- Creation of 270.000 tonnes per year of composting capacity installed over 18 facilities
- 40% of the Flemish population to be covered by a selective collection system
- For garden waste of 300.000 tonnes per year of composting capacity to be developed
Household waste
- Prevention of 6% by 2001 and of 10% by 2006
- Increase recycling from 34% in 1995 to 52% by 2001 and to 55% by 2006
- Each municipality must generate less than 150 kg/person of residual waste by 2006
Selective collection of industrial waste in small & medium size enterprises (2000)
Household waste
- 13% of waste prevention by 2007
- 69% of waste selective collection and recycling or composting
- Residual waste should not be more than 180 kg/person in 2003; 165 kg/person in 2005; and 150 kg/person in 2007
- From 2005 only waste which cannot be incinerated may be landfilled
Household waste
- Residual waste should not be more than 180 kg/person in 2010 at municipal level; and 150 kg/person in 2015 at Flemish level
- Reuse at least 5 kg/person of goods by 2015
- 75% of waste selective collection
Results
- Organic waste targets achieved
- 10-15% of population carry out home composting
- C&D recycling increase from 43% in 1990 to 65% in 1995
Municipal waste recycling rate reaches 62% in 1999, achieving the 2001 and 2006 targets
Source: Adapted by CPPW, 2002 and ETC, 2006
8 In fact the implantation of the plan was extended untill the end of 2002.
Task 3 – Financial Flows
2. Legal Framework
14
2.3 Urban Solid Waste Management Models
According to the Belgian Constitution, the municipalities can cooperate for all issues of
local interest, including household waste management. Almost all Belgian municipalities
share their waste management responsibilities through inter-municipal associations, better
known as inter-municipal cooperation (IMC). This IMC has sought to increase the
efficiency of the services provided by sharing the know-how and physical means of all
participants (Dellater, 2005). The industrial waste collection and treatment is the
responsibility of the private sector (CSD, 2009).
Before the successive constitutional reforms, the legal duties of municipalities were
regulated by the central government through the new Municipalities Act (named the Royal
Co-ordinating Decree of 24 June 1988, ratified by the Act of 26 May 1989) and the Act of
22 December 1986 regarding inter-municipal associations (CE, 2006).
Since 1993, after the last revision to the Belgian Constitution, the regional governments
became the competent authorities on matters concerning local administrations and IMC
(Heuverswyn, 2005). The Flemish and Walloon regions have opted for several forms of
IMC. The Brussels region has not made use of this type of cooperation for its waste
management (Wayenberg and De Rynck, 2012).
In Flemish region, the IMC is currently regulated by the Framework Decree of 6 July 2001
and the Decree of 18 July 2003 regarding the public-private sector cooperation (CE,
2006). The first Decree differentiated four forms of cooperation, as shown in Table 4.
These arrangements are divided into two “light” and two “heavy” forms of cooperation with
regard to their legal status and organizational structure. Waste management services
mainly are provided by the two “heavy” forms. These two forms of cooperation are
designated by “Service Association” and “Mandated Association”. Both management
models are created by a body of representatives of all municipalities involved. This body
has to prepare several documents: a management plan, a business plan, a motivational
note and the legal statutes. In these two “heavy” forms, partnerships can be established
with municipal companies, social service agencies, project associations (“light”
cooperation form) and other “heavy” forms. The private sector cannot participate in such
cooperation forms. The “Service Association” assumes the legal rights and duties of its
activity, but has no managerial autonomy (i.e., each municipality manages its own human,
physical and financial resources). The “Mandated Association” has managerial autonomy,
Task 3 – Financial Flows
2. Legal Framework
15
so the municipalities can transfer their competences to the association. Both associations
("Service Association" and "Mandated Association"), are approved by the Flemish
government. These types of cooperation are, typically, known as Intercommunales (Inter-
municipal authorities, Peuter and Wayenberg, 2007).
Table 5 – Forms of inter-municipal cooperation in Flanders
“Light” form of Inter-municipal cooperation “Heavy” form of Inter-municipal cooperation
Inter-local Association
Project Association Service Association Mandated
Association
Cooperation-contract; no corporate personality
Corporation with by-laws
Corporation with by-laws
Corporation with by-laws
Cooperation on specific project
Cooperation on specific inter-
-municipal plan or project
Delivers several well defined services to
municipalities
Implementation of clearly defined competences in
functionally related policies
No transfer of competences
No transfer of competences
No transfer of competences
Transfer of competences to
association
Duration to be fixed in contract
Renew for periods of 6 years
Renew for periods of 18 years (maximum)
Renew for periods of 18 years (maximum)
Only a Management Board
Only a Management Board
General Meeting (twice a year), Board
of Directors and Management Board
General Meeting (twice a year), Board
of Directors and Management Board
Private companies can participate
Private companies cannot participate
Source: Delatter, 2005
In the Walloon region, the inter-municipal associations started to be regulated by the
Decree of 5 December 1996 (CE, 2006). In 2006, the Decree of 19 July 2006 modified the
first part of the Code of local democracy and decentralization regarding IMC in Wallonia,
setting three forms of cooperation, two “light” and one “heavy”, similarly to the Flemish
region. However, this region has sought to establish more synergies between the existing
inter-municipal authorities in order to reduce their number and raise their scale efficiency
(Wayenberg and De Rynck, 2012).
In the Brussels region, the municipalities’ competences are regulated by the Ordinances
of 18 July 2002 and 17 July 2003, which amended the new Municipalities Act and the
Task 3 – Financial Flows
2. Legal Framework
16
Special Act of 13 July 2001 (CE, 2006). In 1990, a public enterprise for collecting and
treating household waste, named Regional Agency for Cleaning (ARP in the French
acronym and GAN in the Dutch acronym) was created in the Belgian capital (according
the Ordinance of 19 July 1990). The agency is also responsible for managing the
commercial waste with a similar nature and volume to that of household waste in
collaboration with the private sector under a contract with traders. However, the
management of industrial and special or hazardous waste is carried out almost exclusively
by private parties (Bambeke, 2011).
2.4 Waste Authorities
The Federal Ministry for Social Affairs, Health and the Environment was the main
competent authority for environmental legislation in Belgium on the federal level.
According to the new reforms to Belgium’s federal administrative structure (called the
“Copernic” reforms) in 2000, this ministry was renamed to The Health, Food Chain Safety
and Environment Federal Public Services (FPS). This federal body is responsible for
defining and implementing strategies related to the standardisation of products and the
sustainable production/consumption (among other strategies for public health).
At the regional level, each region has its own government and waste authorities. The
Brussels' Institute for Environmental Management (IBGE/BIM) was created by the Royal
Decree of 8 March 1989 to administer and control the application of environmental and
waste legislation in the Brussels region. It played a major role in the implementation of the
fourth Waste Management Plan (approved on March 2010), mainly concerning to public
information and awareness. The Flemish Public Waste Agency (OVAM) was established
in 1981 based on the Decree of 2 July 1981 (known as the Waste Decree). OVAM
prepares waste legislation on behalf of the Flemish Minister for the Environment. After
legislation has been approved by the Flemish Government, OVAM implements and
supervises its performance. A Waste Agency (belonging to the Walloon Ministry for
Natural Resources and Environment, DGRNE) was created by the Decree of 5 July 1985,
later followed by the Decree of 27 June 1996, to ensure the implementation of waste
policies in Wallonia.
For the particular case of packaging waste, the economic operators (producers, importers,
industrial consumers, etc.) must register and submit data based on the quantities of
packaging or packaged products handled to one of the three regional authorities. These
Task 3 – Financial Flows
2. Legal Framework
17
authorities ensure the participation of the respective region in the Interregional Packaging
Commission (IPC).
The IPC was created to ensure a uniform management of packaging waste between the
three Belgian regions and for complying with the Cooperation Agreements, playing a
regulatory role. The main responsibilities of the IPC are (Adams, 2011):
Certifying the competent companies for managing this specific waste flow (Fost
Plus and Val-I-Pac) and auditing their activities to suspend or renew their licenses;
Controlling all procedures including their efficiency, checking the declaration forms
for compliance (delivered by the members of Fost Plus and Val-I-Pac, see section 4)
and performing in-situ audits;
Approving the prevention plans submitted, each 3 years, by all economic operators
that handle at least 300 tonnes of packaging and all producers or packers that
handle at least 100 tonnes of packaging or packaged products (IBGE/BIM, 2011);
Ensuring that the financial transfers arising from the packaging recycling systems
are carried out correctly and fairly, highlighting the industrial sector and the smaller
producers.
Task 3 – Financial Flows
3. Urban Waste Services Operators
18
3. Urban Waste Services Operators
According to the major Belgian legislation, the municipalities are responsible for the
collection and treatment of household waste (and other type of waste that are similar to
the household flow). In Belgium, there are 589 municipalities and three regions. The
Brussels region has 19 municipalities while the Flemish and Walloon regions encompass
308 and 262 municipalities, respectively (Wayenberg and De Rynck, 2012). As mentioned
above, the majority of Belgian municipalities joined together to form inter-municipal
authorities (the intercommunales) sharing or transferring all their competencies regarding
urban waste services to these associations.
Therefore, since 1993, several urban waste services have been provided by the
intercommunales (in-house delivery or through outsourcing to private companies) in
Flanders and Wallonia. Currently, there are 26 intercommunales in Flanders and 8 in
Wallonia (see Figures 1 and 2).
In the Flemish region, about 555 kg per inhabitant of household waste has been
generated every year (CSD, 2009). The waste collection has been carried out by kerbside
collection and municipal drop-off containers. In 2009, there were 337 municipal recycling
centres, managed by the Flemish intercommunales, which collected around 50% of the
household waste. This region also invested on waste prevention and reuse; 199 Flemish
municipalities have already achieved the target of 150 kg of residual waste per inhabitant
(OVAM, 2009). Furthermore, there are already 100 reuse shops in Flanders, were around
7 kg per inhabitant of reusable goods are collected each year (Mariën, 2009). Regarding
waste treatment, currently, 72% of household waste selectively collected has been reused
and recycled (including composting, CSD, 2009). Respecting the Flanders waste
principles, a minimum fraction of household waste has been landfilled (1,2%, CSD, 2009
Task 3 – Financial Flows
3. Urban Waste Services Operators
19
and OVAM, 2009). Table 5 shows the operational infrastructures in Flanders for the year
2012.
Source: Fost Plus, 2012a
Figure 1 - The intercommunales for the urban waste services in Flemish region
Source: Fost Plus, 2012a
Figure 2 – The intercommunales for the urban waste services in Walloon region
Task 3 – Financial Flows
3. Urban Waste Services Operators
20
Table 6 – Type of infrastructures for treating the urban waste in Flanders for the year 20129
Activity Number of infrastructures
Collection
340 container parks
126 waste electric and electronic equipment (WEEE) transport
872 used textiles transport
Sorting 27 paper and cardboard sorting and/or processing facilities
97 sorting and processing facilities of non-hazardous waste
Treatment and final disposal
149 composting plants
10 incineration plants
15 glass processing plants
95 WEEE processing plants
99 used textiles processing plants
4 landfills
Source: OVAM, 2012
In Wallonia, around 538 kg per inhabitant of household waste has been generated every
year (CSD, 2009). According to the Walloon Intermunicipal Companies for Waste
Treatment (COPIDEC), currently, the intercommunales of Wallonia provide kerbside
refuse and selective collection services as well as bring systems. Moreover, they also
manage several sorting and treatment infrastructures, as shown in Table 6. Currently, in
this region, about 64% of waste collected is recycled, 22% is incinerated and 14% is
landfilled.
9 The table lists the number of installations/companies licensed for urban waste management. Many of
these installations are also licensed to process/transport/sort waste originating from the industry.
Task 3 – Financial Flows
3. Urban Waste Services Operators
21
Table 7 – Type of infrastructures for treating the urban waste in Wallonia
Activity Number of infrastructures
Collection
202 operational container parks
23 project container parks
341 drop-off containers for three packaging waste fractions
7489 drop-off containers for waste glass
Sorting
3 sorting centres for packaging waste
1 sorting centre for biodegradable waste a
4 transfer centres for WEEE
Treatment and final disposal
1 biomethanation plant a
9 composting centres
4 energy recovery plants
1 incineration plant for sludge from wastewater treatment
4 class 2 landfills
4 class 3 landfills
a ITRADEC is under a reorganisation process of its activities due to a major fire in its sorting centre for
biodegradable waste, transferring all this waste to the great incineration plant of IPALLE.
Source: COPIDEC, 2012
In the Brussels region, about 475 kg per inhabitant of household waste has been
produced every year (CDS, 2009). Around 25% of this waste has been reused and
recycled (including composting) and 75% has been incinerated. In Brussels, household
waste is not landfilled. The municipalities have entrusted those urban waste services to a
single public company, the ABP, since 1990 (see Figure 3). Table 7 presents the type of
infrastructures managed by the regional agency.
Source: Fost Plus, 2012a
Figure 3 – The public company responsible for urban waste services in Brussels-Capital
region
Task 3 – Financial Flows
3. Urban Waste Services Operators
22
Table 8 – Type of infrastructures for urban waste services in Brussels-Capital region
Activity Number of infrastructures
Collection and storage 2 drop-off centres
Sorting 1 sorting centre
Treatment 1 composting centre
1 incineration plant with energy recovery
Source: IBGE, 2012
Task 3 – Financial Flows
4. Licensed Entities for Managing the Logistics Chain of Packaging Waste
23
4. Licensed Entities for Managing
the Logistics Chain of Packaging
Waste
4.1 Introduction
According to the Interregional Cooperation Agreement of 30 May 1996, the responsibility
of economic operators for the management of their packaging waste can be transferred to
a licensed company. There are two licensed packaging waste organizations in Belgium:
Fost Plus and Val-I-Pac. These entities should ensure the collection of packaging waste
and its adequate final disposal in order to comply with the national and EU recycling and
recovery targets.
4.2 Fost Plus
Fost Plus is a non-profit organization that promotes, coordinates and finances the
selective collection, sorting and recycling of household packaging waste. It was created in
1994 through private sector initiative (producers and importers of packaging, packaging
materials, and packaged products, retailers, and trade federations). In 1997, Fost Plus
became the green dot company, assuming the economic operators’ obligations regarding
household packaging waste (since it would be economically inefficient for each operator to
organize individually its own recycling system). Under the new version of the Interregional
Cooperation Agreement, its accreditation was renewed on 18 December 2008 for the
period 2009-2013.
Task 3 – Financial Flows
4. Licensed Entities for Managing the Logistics Chain of Packaging Waste
24
Figure 4 shows a simplified scheme of the partnerships between Fost Plus and the
various stakeholders involved in the management of household packaging waste.
Source: authors elaboration based on Adams, 2011
Figure 4 – Framework of household packaging waste management
All parties responsible for packaging can join the Fost Plus system through a membership
contract (accessible on the Fost Plus’ website), accepting to submit an annual declaration
of household reusable and non-reusable packaging placed on the Belgian market. In
order to meet its members’ obligations, Fost Plus establishes contracts (for eight year
terms) with all inter-municipal authorities for the collection and/or sorting of the household
packaging waste flow. Some of the inter-municipal authorities carry out those activities
themselves, while others delegate their competences to the private-sector collectors
Task 3 – Financial Flows
4. Licensed Entities for Managing the Logistics Chain of Packaging Waste
25
and/or sorting centres through public tenders. These collectors and sorting centres are
selected by the inter-municipal authorities and Fost Plus.
By the end of 2009, Fost Plus recorded 5.407 memberships, number that has been
declining since 2006 (Fost Plus, 2010a) and fell again in 2010 (Fost Plus, 2011a). Various
factors contributed to this, including mergers and bankruptcies, the recent regulation
regarding service packaging, as well as the new minimum threshold of 300 kg of
packaging waste (Fost Plus, 2011, p.6). Therefore, several members no longer have a
take-back obligation to fulfil.
4.3 Val-I-Pac
Val-I-Pac is a non-profit organization able to assume take-back obligations of industrial
packaging waste in Belgium. It was founded in 1997 by the initiative of the Belgian
business community. Val-I-Pac was licensed by the IPC under the Interregional
Cooperation Agreement on 30 May 1996 not for organising the waste collection and
recycling system but for gathering data on collection and recycling from private waste
collectors. In order to comply with the Val-I-Pac members’ obligations, Val-I-Pac provides
financial incentives to the industrial consumers to make the effort to sort their packaging
waste. In turn, the industrial consumers have to report information to the waste collectors,
as shown in Figure 5. The Val-I-Pac members have to pay an annual fee which should
cover not only the consumers’ incentives but also the service costs supported by the
waste collectors.
Currently, Val-I-Pac has 8.000 members (fillers, packers and importers), manages
annually around 650.000 tonnes of industrial packaging waste, and receives (monthly)
information about waste collection and recycling from more than 200 licensed waste
collectors. Furthermore, it has been paying incentives to more than 20.000 companies
every year.
Task 3 – Financial Flows
4. Licensed Entities for Managing the Logistics Chain of Packaging Waste
26
Source: authors elaboration based on Adams, 2011
Figure 5 – Framework of industrial packaging waste management
According to the new version of the Cooperation Agreement, its accreditation was
renewed on 1 January 2012. The new license of activity sought to establish new
conditions on the incentives to the unpackers since some of them are also responsible for
packaging and have to comply with the industrial packaging legislation. Therefore, the
new accreditation required that unpackers which are also responsible for packaging have
to prove their compliance with the new agreement in order to continue receiving the Val-I-
Pac incentives.
Task 3 – Financial Flows
5. Economic and Financial Aspects
27
5. Economic and Financial Aspects
The revision of the Interregional Cooperation Agreement introduced a new threshold of
300 kg of packaging per year placed in the Belgian market. Below this threshold the
companies are exempted of the legal obligations of recycling and recovery. Furthermore,
the recycling and recovery obligations were extended to the producers/importers of
(empty) “service packaging”.
Those companies can transfer their packaging responsibilities to Fost Plus (signing a
membership agreement) for managing the household packaging waste flow. Therefore,
member companies have to pay an annual contribution (a Green Dot fee) based on a
declaration with the types and quantities of packaging put into the market. The minimum
yearly contribution was fixed in €30 for the case of companies which handle less than 300
kg/year of packaging or only handle reusable packaging and want to use the “Green Dot”
mark (PRO-EUROPE, 2010).
Table 8 presents the Green Dot fees in force in the last four years, including 2012. In
general, the Green Dot fees have increased from 2009 to 2011, mainly due to three
factors: (1) the economic crisis which has caused a strong decline in the materials price;
(2) a decrease in the financial reserves (used in previous years to offset the lower green
dot fees); and (3) additional financial obligations imposed in the revised Cooperation
Agreement (Fost Plus, 2011a). This year (2012), the Green Dot fees decreased due to the
higher revenues from the sale of materials in 2011 (Fost Plus 2012b).
Fost Plus has two declaration systems: the fixed-price declaration and the detailed
declaration. The second one is applicable to every company who wants to join the Fost
Plus system while the first one is only applicable to companies with a turnover of
household packaging (placed on the Belgian market) of a maximum of €12.5 million. In
Task 3 – Financial Flows
5. Economic and Financial Aspects
28
the detailed declaration, companies have to declare the number of consumer units10 per
packaging placed on the Belgian market and the financial contribution is calculated
according to the materials and weights of the packaging declared (see Table 8, Fost Plus,
2012c).
Table 9 – Green Dot fees from 2009
Green Dot fees (€/kg)
Packaging material 2009 2010 2011 2012
Glass 0,0214 0,0184 0,0186 0,0231
Paper/cardboard 0,0099 0,0176 0,0197 0,0202
Steel 0,0253 0,0376 0,0621 0,0525
Aluminium 0,0369 0,1379 0,1826 0,0654
PET 0,1095 0,1994 0,2874 0,1387
HDPE 0,1095 0,1994 0,2874 0,1387
Beverage cartons 0,2291 0,2728 0,2960 0,2848
Others recoverable 0,2632 0,3135 0,3303 0,3273
Others non-recoverable 0,3624 0,4417 0,4492 0,4304
Source: Fost Plus, 2009, 2010b, 2011b and 2012d
In the fixed-price declaration, companies have to declare the number of consumer units
per product family11 placed in the Belgian market (excluding the producers/importers of
empty “service packaging”). They pay a fixed-price per unit declared, depending on the
product family (Fost Plus, 2012b). Table 9 shows the fixed contributions in the last four
years, including 2012.
10
The consumer unit is the smallest unit that can be sold to the consumer.
11 Product family (also called product group or product line) is a group of products derived from a common
product platform. These goods or services use similar or the same production processes, have similar
physical characteristics, and may share customer segments, distribution channels, pricing methods,
promotional campaigns, and other elements of the marketing mix. The products comprising a family are
usually priced and discounted as a package.
Task 3 – Financial Flows
5. Economic and Financial Aspects
29
Table 10 – Fixed contributions from 2009
Groups of product families Fixed contribution per unit declared (€)
2009 2010 2011 2012
Food 0,0026 0,0031 0,0035 0,0042
Drinks 1: sodas, adhesives, lemonades, fruit juices and vegetables, syrups, milk, water, beer
Drinks 2: wine, champagne, spirits, aperitifs
Drinks in reusable packaging
0,0036
0,0111
0,0000
0,0056
0,0100
0,0000
0,0074
0,0102
0,0000
0,0042
0,00137
0,0000
Cleaning and maintenance (including accessories)
0,0084 0,0127 0,0164 0,0091
Body care (hair care, teeth, samples and accessories included)
0,0035 0,0047 0,0055 0,0048
Pharmaceuticals 0,0030 0,0038 0,0042 0,0041
Garden items (products and garden tools) 0,0057 0,0073 0,0081 0,0111
Adhesives, paints, varnishes and related products
Miscellaneous (equipment included)
0,0113
0,0039
0,0144
0,0049
0,0171
0,0052
0,0278
0,0028
Clothing, footwear, textiles and accessories 0,0020 0,0026 0,0028 0,0039
Electro 1: Major appliances (TV, HiFi incl.)
Electro 2: Small appliances (radio, telephone incl.)
Electro 3: Accessories for appliances (lamps, batteries)
0,1401
0,0062
0,0011
0,1736
0,0085
0,0015
0,1842
0,0092
0,0016
0,1007
0,0159
0,0025
Kitchenware
Indoor and outdoor furniture
Lighting
0,0021
0,0257
0,0039
0,0027
0,0333
0,0054
0,0030
0,0356
0,0058
0,0028
0,0422
0,0034
Animals 0,0015 0,0023 0,0031 0,0025
Tobacco 0,0004 0,0006 0,0006 0,0008
Others 0,0017 0,0022 0,0025 0,0013
Source: Fost Plus, 2009, 2010b, 2011b, 2012c
Beyond the members’ contributions, Fost Plus also contracts directly with the recyclers
who pay for the packaging waste materials collected and sorted according to the materials
price index (see Annex I).
Task 3 – Financial Flows
5. Economic and Financial Aspects
30
Therefore, the Green Dot contributions and the recyclers’ payments must cover the full
costs of packaging waste collection and sorting provided by the intercommunales.
Moreover, Fost Plus also has costs with the coordination and quality management and
with the public communication and awareness.
Task 3 – Financial Flows
6. Current Situation
31
6. Current Situation
During 14 years, the production of municipal waste reached the higher values in the
period 2007-2009 (495 – 489 kg/inh.), as shown in Figure 6. However, Belgium per capita
rates were always below the European average (Eurostat, 2012). In 2010, the waste
production was substantially reduced, achieving the 1990s’ level.
Source: Eurostat, 2012
Figure 6 – Generation of municipal waste (kg per capita)
Belgium has been in the forefront regarding the management of municipal waste and, in
particular packaging waste. The municipal waste recycling has steadily increased over
time, reaching more than 50% from 2001 while in the EU only 27% (on average) of waste
were recycled in that year (Eurostat, 2012). Moreover, the landfilling has significantly
Task 3 – Financial Flows
6. Current Situation
32
decreased, as shown in Table 10. Currently, Belgium landfills about 1% of the municipal
waste produced while the average in EU is 37% (Eurostat, 2012). The percentage of
waste incinerated has remained (approximately) constant over the years.
Table 11 – Municipal waste generation and treatment (in thousands of tonnes)
Year
Municipal waste generated
Landfilling Incineration Recyclinga
Quantity Quantity Rate Quantity Rate Quantity Rate
2001 4.838 559 11,6 1.650 34 2.451 51
2002 5.025 534 10,6 1.681 34 2.526 50
2003 4.842 459 9,5 1.678 35 2.547 53
2004 5.064 367 7,2 1.699 34 2.746 54
2005 5.024 354 7,0 1.757 35 2.702 54
2006 5.093 257 5,0 1.707 34 2.776 55
2007 5.256 265 5,0 1.749 33 2.934 56
2008 5.242 264 5,0 1.833 35 2.962 57
2009 5.276 159 3,0 1.761 33 3.023 57
2010 5.074 62 1,2 1.746 34 2.924 58
a Including material recycling and composting Source: Eurostat, 2012
Concerning packaging and packaging waste, the paper/cardboard is the most used
material, as shown in Table 11 and in Figure 7. In 2009, the use of the most packaging
materials decreased.
Table 12 – Packaging waste generated by material (in tonnes)12
Year Paper/cardboard Plastic Wood Metal Glass Other
packaging
2004 512.412 281.465 187.081 137.244 395.889 15.841
2005 530.075 290.248 191.853 135.963 388.278 16.430
2006 565.996 302.334 191.053 135.685 385.312 15.833
2007 588.517 308.741 201.322 135.561 366.864 16.716
2008 574.775 301.581 196.505 131.962 400.234 16.734
12
Note that the Eurostat figures include packaging waste from the industry as well (so Val-I-Pac is included
here) becoming more difficult to make comparisons. The same happens in other tables.
Task 3 – Financial Flows
6. Current Situation
33
2009 553.249 303.532 179.865 121.288 396.050 13.130
Source: Eurostat, 2012
Source: Eurostat, 2012
Figure 7 – Packaging waste generated by material (tonnes)
Belgium has achieved very high recycling and recovery targets, as shown in Figures 8
and 9. Glass and metals are the packaging materials with the highest recycling rate,
reaching more than 90% in 2009.
Task 3 – Financial Flows
6. Current Situation
34
Source: Eurostat, 2012
Figure 8 – Recycling rate (%) for packaging waste by material
Despite the fact that plastic is a complicated material due to its complex chemical
composition (which difficulties its recycling) Belgium far exceeded the Directive’s specific
objective for 2008. These results demonstrate the success of the political efforts towards
recycling, the waste services effectiveness and the public awareness in Belgium.
Source: Eurostat, 2012
Task 3 – Financial Flows
6. Current Situation
35
Figure 9 – Recovery rate (%) for packaging waste by material
Task 3 – Financial Flows
7. Conclusions
36
7. Conclusions
Belgium has implemented many legal documents and strategies on waste management
and, in particular, packaging waste over the years. The national rules have been imposing
steadily more ambitious targets than the ones prescribed by the European legislation.
Nowadays, it is considered the second best “recycling country” in Europe. Since the
1990s, waste production (per capita) and landfilling rates are below the European
averages. On the contrary, the recycling and recovery rates are much higher.
Both federal and regional government levels have played an important role in the success
history of Belgium. Although the waste management is an exclusively competency of the
regional governments (of Flanders, Wallonia and Brussels), the federal government has
indirectly contributed to waste prevention and the minimization of environmental impacts.
It encouraged the conception of more environmentally friendly products with an eco-
taxation system, benefiting the producers of reusable and/or recyclable products with a
fiscal reduction. In addition, the federal government also limited the use of hazardous
substances in the manufacturing of products.
At the regional level, each government established its own legal framework on waste
management. However, all frameworks are based on the similar ambitious: (1) to produce
the least possible waste, (2) to use the highest possible amount of waste to produce
secondary raw materials through recycling, and (3) landfilling only the waste that is not
recoverable. In fact, the landfill rates in Flanders and Wallonia are quite low and, in
Brussels, all waste is diverted from landfill.
However, there are two main differences distinguishing the waste management form in
the Brussels region from the Flemish and Walloon regions. These two regions have
implemented a taxation system and the municipal waste management competencies have
been transferred to intermunicipal associations (intercommunales). In the Brussels region
Task 3 – Financial Flows
7. Conclusions
37
there is no taxation system and the municipal waste services are provided by a single
public company. On the other hand, the management of the industrial packaging waste
flow is carried out by the private sector in all the Belgian territory.
Regarding packaging waste, in 1996, the three regions established an Interregional
Cooperation Agreement in order to comply with the PPW Directive 94/62/EC. Later on, the
Directive 2004/12/EC set new targets of packaging waste recycling and recovery to meet
by 2008. However, a revised version of the Cooperation Agreement only came into force
in 2009. This was of little practical significance since the 2008 European targets had
already been achieved in 1999.
The high rates of recycling and recovery achieved by Belgium are the result of an
application of collection and disposal fees which have led to a greater diversion of waste
from landfills to recycling and incineration. Fost Plus and Val-I-Pac have also played a
major role in the management of the logistics chain of packaging waste with the
development of communication and awareness programs and financial supports or
incentives given to the intercommunales or private operators that are in charge of
collection and sorting activities. In addition, Fost Plus have been collaborating with various
entities (including the IPC) to identify and contact the economic operators that put
household packaging on the market without contributing financially to the recycling system
(the free riders).
Task 3 – Financial Flows
References
38
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Stakeholder event of October 25th 2011 – European Commission. Interregional
Packaging Commission (IPC), Brussels, Belgium.
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CE (2006). Structure and operation of local and regional democracy: Belgium. Directorate
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Task 3 – Financial Flows
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Task 3 – Financial Flows
References
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by Flemish Public Waste Agency (OVAM), Flanders, Belgium.
OVAM (2008a). Implementation Plan for Environmentally Responsible Household Waste
Management. Brochure, Openbare Vlaamse Afvalstoffenmaatschappij (OVAM),
Mechelen, Belgium.
OVAM (2008b). Belgian point of view regarding the end-of-waste criteria for compost.
Published by Flemish Public Waste Agency (OVAM), Flanders, Belgium.
OVAM (2009). Activities Report 2009. Published by Flemish Public Waste Agency
(OVAM), Flanders, Belgium.
OVAM (2012). Database published by Flemish Public Waste Agency (OVAM), Flanders,
Belgium.
Perchards (2007). Packaging and Packaging Waste Law in Europe: Beverage Containers
Policy. The European Organization for Packaging and the Environment
(EUROPEN).
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Peuter and Wayenberg (2007). Belgium: Flemish Inter-municipal Cooperation under
Reform (Chapter 2). In: R. Hulst and A. van Montfort (eds.). Inter-Municipal
Cooperation in Europe, pp. 23-38.
Pinckaers M. (2012). Belgium – Luxembourg. Food and Agricultural Import Regulations
and Standards – Narrative. FAIRS Country Report prepared by USDA Foreign
Agricultural Service, Brussels, Belgium.
PRO-EUROPE (2010). Producer Responsibility in Action. Published by PRO-Europe,
Belgium.
RDC (2011). Évaluation contingente du coût des désagréments visuels causés par les
canettes dans les déchets sauvages en Wallonie. Etude pour l’Office Wallon des
Déchets. Research, Development & Consulting (RDC), Brussels, Belgium
SPW (2011). Réalisation d’une étude préparatoire à la mise en oeuvre d’un système de
consigne sur les canettes de boissons en Belgique. Service public de Wallonie
(SPW), Brussels, Belgium.
SPW (2012). Évaluation de la politique régionale relative aux parcs à conteneurs. Service
public de Wallonie (SPW), Brussels, Belgium.
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ULB (2006). Belgium Law Digest Reviser. Université Libre de Bruxelles, Belgium.
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Websites
Association of Cities and Municipalities of Brussels-Capital Region (AVCB):
http://www.avcb-vsgb.be
Association of Flemish Cities and Municipalities (VVSG): http://www.vvsg.be
Task 3 – Financial Flows
References
42
Association of Walloon Cities and Municipalities (UVCW): http://www.uvcw.be/
Brussels' Institute for Environmental Management (IBGE):
http://www.bruxellesenvironnement.be
Flemish Intermunicipal Companies for Waste Treatment (INTERAFVAL):
http://www.interafval.be/
Flemish Public Waste Agency (OVAM): http://www.ovam.be
Fost Plus: http://www.fostplus.be
Health, Food Chain Safety and Environment Federal Public Service:
http://www.health.belgium.be
Integrated Product Compliance: http://www.b2bweee.com/
Interregional Packaging Commission (IPC): http://www.ivcie.be
Official information and services: http://www.belgium.be
Public service of Wallonia: http://environnement.wallonie.be
Regional Agency for Cleaning (ABP): http://www.bruxelles-proprete.be
Val-I-Pac: http://www.valipac.be
Walloon Intermunicipal Companies for Waste Treatment (COPIDEC):
http://www.copidec.be/
Task 3 – Financial Flows
43
Annexes
Task 3 – Financial Flows
Annexes
44
Annex I
Materials price evolution
(Available on: http://www.fostplus.be)
GLASS PRICE
PAPER/CARDBOARD PRICE
Task 3 – Financial Flows
Annexes
45
STEEL PRICE
ALUMINIUM PRICE
Task 3 – Financial Flows
Annexes
46
PET PRICE
HDPE PRICE
Task 3 – Financial Flows
Annexes
47
BEVERAGE CARTONS PRICE