Legal basis

Legal basis

In Belgium, EC Directive 94/62/EC was transposed into national law as a Cooperation Agreement between the three Belgian regions Brussels, Flanders and Wallonia. The law came into force on 5 March 1997. The revised Packaging Directive 2004/12/EC has been transposed in the renewed Cooperation Agreement of 4 November 2008 with effect from 1 January 2009.

The Cooperation Agreement obliges parties responsible for packaging to comply with three legal obligations: 

  • Take-back obligation, i.e. the obligation to recycle or recover a certain percentage of the packaging brought onto the market. As of 2009, this amounts to 80% recycling and 90% recovery.
  • Information obligation, i.e. the obligation to inform the Interregional Packaging Commission (IVCIE) of the nature of your packaging and the recycled percentages your company has achieved. Only then have you demonstrated that you have complied with the legal requirements.
  • Prevention plan, i.e the obligation, every three years, to develop a prevention plan which describes the measures token to reduce the quantity of packaging and the objectives the company wants to achieve. A company can draw up the prevention plan itself or subscribe to a prevention plan applicable to a particular sector through the professional federation. This obligation only applies to:
    ·  Companies annually marketing at least 300 tons of single-use packaging
    ·  Each company packaging products or having them packaged in Belgium, with at least 100 tons of single-use packaging a year

Fost Plus helps you satisfy the take-back obligation and the information obligation. The preparation of your prevention plan does not fall within our area of competence. 

Respect of the agreement is supervised by the Interregional Packaging Commission (CIE). It is composed by representatives of the three regions.

The CIE's main responsibilities are:

  • To approve the way in which a packaging responsible which has not assigned an approved organism to fulfill its take back obligations, actually fulfils those obligations itself.
  • To grant, suspend and withdraw the licence of any approved organisation.
  • To verify how the minimum recovery and recycling percentages are achieved by packaging responsibles or approved organisations
  • To verify the information communicated to it.