Legal environmental obligations in Belgium
It should be said that the environmental legislation in Belgium is complicated.
Environmental policy is almost entirely the responsibility of the regions. So the regulations on environmental permits, pollution and waste management in the Flemish Region, the Brussels Capital Region and the Walloon Region differ.
In addition, the policy is also spread over other policy levels. The federal government deals with product standards, protection against ionising radiation and the transit of hazardous waste, nuclear energy, etc. Certain points are subject to European rules. But to complete the circle, provinces and communes have their own environmental regulations, as well.
Add to all this the fact that it is a subject that is constantly evolving, and you understand why you can’t easily find an answer to a simple question like: What environmental obligations must I fulfil?
Hot topics
To guarantee everyone the best possible quality of life, we all have to take care of the environment. So laws have been passed that oblige all businesses, from major companies to small self-employed entities, to deal carefully with people and nature.
The environment is a broad concept with many aspects. Business leaders ask themselves wide-ranging questions about subjects such as soil remediation, the laws on waste, the laws on environmental permits and spatial planning.
As a starter company it makes sense for you to ask questions related to the environment. Because the answers can have an impact before, during and after your activities.
So how do you find the right answers? To set you on the right path, here we go over the necessary information per region. We give you useful links to go into more detail and tools to provide practical assistance.
You start by reading further on the region where your company/organisation operates.
- Flemish Region
- Walloon Region
- Brussels Capital Region
Flanders
Wallonia
Brussels
Flemish Region
1. Environmental permit?
Do you want to start your own business? Then ‘Do I need an environmental permit?’ is one of the first questions relating to the environment that you should ask yourself. On the official website of the Flemish government you will soon find out if you need an environmental permit.
You can submit the application for this via the “Omgevingsloket” (digital environmental service).Then a public investigation and an advisory process are organised.
But do you actually need an environmental permit? That depends on the local regulations and plans, and the class into which your company falls. For some projects, notification is in fact sufficient.
So be sure to find out which class your company falls into. This class indicates the level of possible nuisance for people and the environment caused by your company.
The classes are based on the nature and extent of the environmental effects:
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- If your company falls into class 1 (the activities that cause most nuisance), you have to apply for an environmental permit at provincial level.
- Companies in class 2 (activities that cause less nuisance) have to apply for a permit from the commune.
- For class 3 (the companies that have the least impact), all that is required is notification. In this case, you do not need a permit.
A handy tool
Are you keeping up? Or is it all becoming rather complicated? If so, this tool may come just in time!
The VLAREM guide is a handy resource that will quickly give you an initial idea...
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… whether your business activity is subject to the obligation to provide notification or obtain a permit on the basis of the VLAREM categories...
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… and which general and sector environmental conditions apply to your company.
2. Sorting and recycling waste
Another important set of obligations for your company are those concerning waste.
More specifically: how you ensure that your company waste does not end up in the residual waste, but is sorted, collected and where possible recycled. An important partner here is the OVAM. Be sure to take a look at their website.
Selective collection
As a company, you are obliged to sort your waste. Just as you do at home, you have to provide various waste containers. In Flanders, there are now 21 types of waste that you have to separate. However, the regulations are not exactly the same as for household waste.
3. Take-back obligation
What does the take-back obligation involve? It means that as a producer/importer, you are obliged to take back used products free of charge from users. This is often done via the end sellers (distribution), recycling centres and/or other collection points.
In addition, as a producer/importer you have to fulfil other obligations:
- Registration with the three regional governments;
- Responsibility for the collection and recycling of used products;
- Contribution to prevention and raising awareness;
- Reporting on this to the three regional governments.
Well-known collection systems such as Recupel for electric and electronic waste and Bebat for batteries were set up in the context of the take-back obligation. Usually, a particular sector deals with the take-back obligation together, collectively. This is far more efficient than if each producer were to organise their own collection, isn’t it?
Test here whether you have to fulfil the take-back obligation for batteries.
These links provide a lot of information as well:
- Which types of waste does the take-back obligation apply to?
- www.ovam.be/iksorteer: frequently asked questions (and answers) for all sorting obligations.
- iksorteerinmijnbedrijf.be: general sorting information.
- Need help with the collection of PMD? Useful tips and communication material from the Fost Plus ‘sorting shop’.
- Take a look at www.cirkeltips.be: tips to suit your particular waste profile as a company. Ask your questions on the forum.
- Want to find out more about the take-back obligation for batteries? Then download this handy brochure.
Flanders
Wallonia
Brussels
The Walloon Region
1. Environmental permit?
If you want to start your own business in the Walloon Region, then the question: ‘Do I need a ‘permis unique’ (single permit)?’ is one of the first questions relating to the environment that you should ask yourself.
For this, it is important to know which class your business belongs to.
This is determined by the impact of your business on people and the environment:
- If your company falls into class 1 (the activities that cause most nuisance), you have to apply for an environmental permit at provincial level.
- Companies in class 2 (activities that cause less nuisance) have to apply for the permit from the commune.
- For class 3 (the companies that have the least impact), all that is required is notification. In this case, you do not need a permit.
If your company involves installations and activities that may have a moderate (class 2) to major (class 1) impact on the environment, then you should apply for an environmental permit. You should contact the commune for this. If you also want to carry out work for which you need an urban planning permit, you can do this in the same application (“permis unique”).
Read more about the Walloon environmental permit: do you need one, what is the procedure, what are the conditions, etc.
Here you will find answers to frequently asked questions such as: Into which category do my activities fall in the Walloon Region?
To find out whether you have to apply for a permit, you can take a look here.
And are you unsure about a certain piece of legislation in the Walloon Region? Then this Environment Portal is sure to show you the way.
Free screening for SMEs
Do you have an SME in Wallonia and are you having difficulty finding your way through all the environmental regulations? Get help from the Environmental Unit of the UWE (Walloon Business Union). This team analyses your company and gives you advice on exactly which permits you need and what actions you should take. Free of charge.
More about the “Diagnostic environment”.
2. Sorting and recycling waste
In Wallonia, certain sorts of waste have to be kept out of the residual waste and processed separately. As much recycling as possible is the message.
In Wallonia this means:
- Used batteries and accumulators;
- Used oils (edible and other);
- Expired medicines;
- Paper waste;
- Electronic waste;
- Photography waste;
- Vehicles no longer in use;
- Discarded tyres;
- Batteries with lead;
- Plastics from agriculture.
Help with questions about recycling? https://jetriedansmonentreprise.be/comment-bien-trier/
3. Take-back obligation
As a producer or importer who brings certain products to the Walloon market, you fall under the legal take-back obligation. This means that you are obliged to take back products that come onto the market when they are discarded. This is in the context of the collection, recycling and/or reprocessing of these types of waste.
In addition, as a producer/importer you have to fulfil other obligations:
- Registration with the three regional governments;
- Responsibility for the collection and recycling of used products;
- Contribution to prevention and raising awareness;
- Reporting on this to the three regional governments.
The biggest challenge is that of collecting and recycling.
Fortunately, some solutions are available:
- You can draw up a waste management plan yourself (seldom done);
- You can call upon an approved organisation (such as FOST+ or VALIPAC) to fulfil your obligations;
- You can call upon a management body (RECUPEL, RECYTYRE, Bebat, etc.) in the context of an environmental agreement between producers and the Walloon Region.
In addition, these links provide a lot of information:
- Jetriedansmonentreprise.be/: general sorting information about how to sort in a correct way.
- A list of all waste obligations in Wallonia.
- Need help with the collection of PMD? Useful tips and communication material from the Fost Plus ‘sorting shop’.
Flanders
Wallonia
Brussels
Brussels Capital Region
1. Environmental permit
If you want to start your own business, then: ‘Do I need an environmental permit?’ is one of the first questions relating to the environment that you should ask yourself.
The Brussels Capital Region has specific legislation on this, which is subdivided as follows: water management, waste management, air pollution, soil pollution and noise pollution.
For certain sorts of activities - just as in Flanders and Wallonia - an environmental permit is also required. The rules that are applicable to you are determined by the class to which your organisation belongs.
The classification is based on the impact (nuisance) that your business causes for people and the environment:
- If your company falls into class 1 (the activities that cause the most nuisance), you have to apply for an environmental permit at provincial level.
- Companies in class 2 (activities that cause less nuisance) have to apply for the permit from the commune.
- For class 3 (the companies that have the least impact), all that is required is notification. In this case, you do not need a permit.
Most environmental obligations and permits for companies can be found on the 1819 website.
Here you will find a clear answer to questions such as:
- The environmental permit: in which cases?
- What obligations as regards mobility do you have to fulfil?
- Waste management: choosing the right way to dispose and recycle
- Noise pollution: the standards in the Brussels Capital Region
- Soil conditions: your obligations
- Waste water: discharge standards and fees – groundwater extraction
- Asbestos
- Pollution peak
- The energy performance certificate (EPC)
A handy tool
If you would like to find out about the “classified installations” for your sector of activity, you can use this easyPermit tool, the official app of the Brussels Capital Region.
Waar kan je terecht?
Er zijn twee organisaties waar je terecht kan met alle mogelijke vragen.
Where can you go?
There are two organisations that you can contact with all your questions.
1. Leefmilieu Brussel/Bruxelles Environnement
This is the environment administration of the Brussels Capital Region. They can help you with all questions about environmental obligations for companies. Legislation, regional subsidies for energy saving, sustainable investments, etc.
Tour & Taxis, Havenlaan 86C/3000, 1000 Brussels
Tel.: +32 (0)2 775 75 75
Fax: +32 (0)2 775 76 21
Website: leefmilieu.brussels.be
2. hub.brussels
hub.brussels assists you free of charge with all questions about the environment (types of permits, plans for installations, regulations on waste water, waste, emissions into the air, company transport plans, etc.) in the Brussels Capital Region.
UNO, Charleroise Steenweg 110, 1060 Brussels
Tel.: +32 (0)2 422 00 20
E-mail: info@hub.brussels
Website: hub.brussels
2. Sorting and recycling waste
Waste should be sorted.
In the Brussels Capital Region, waste should be separated as follows:
- PMD: plastic bottles and containers, metal packaging and drinks cartons;
- Paper and cardboard, dry and clean;
- Colourless and coloured packaging glass;
- Plant waste from maintaining green zones and gardens;
- Hazardous waste;
- Waste that has to be collected and sorted selectively as part of the extended producer’s responsibility.
3.
Take-back obligation
Just as in Flanders and Wallonia, the law obliges producers or importers to take back the waste from the products that they have brought to the market. This is called the extended producer’s responsibility, acceptance obligation or take-back obligation.
In addition, as a producer/importer you have to fulfil other obligations:
- Registration with the three regional governments;
- Responsibility for the collection and recycling of used products;
- Contribution to prevention and raising awareness;
- Reporting on this to the three regional governments.
The following organisations handle the collection and recycling of waste in the Brussels Capital Region:
- Recupel: electric and electronic appliances;
- Valorfrit: edible oils and fats;
- Febelauto: discarded vehicles;
- Recytyre: old tyres;
- Valorlub: used oils (except edible oil);
- Bebat: used batteries and accumulators;
- Pharma.be: expired and unused medication;
- Fotini: photographic waste;
- Fost Plus: household packaging waste;
- Valipac: non-household packaging waste.
Want to find out more about sorting non-household waste in the Brussels Capital Region?
You can find what you need to know as a company in the Brussels Capital Region about how to deal with company waste at a glance in this handy folder from the government.
