Your company collects, buys and sells non-hazardous waste or animal by-products, organises recycling or disposal of waste for a third party, potentially without taking physical possession of such waste.
The Brudalex Waste Management Order imposes certain conditions relating to your profession. Would you like to know the legal conditions that you must adhere to carry out your activities?  
This guide will clarify your obligations. It also tells you about possible exemptions.

Are you affected?

You are affected by the non-hazardous waste and by the animal by-products conditions and must be registered if:     

• as a collector, you transport or have the waste transported to authorised treatment facilities;
• as a trader, you buy and  sell the waste, even if you do not physically take possession of that waste;
• as a broker, you organise the recycling or disposal of this waste for a third party, even if you do not physically take possession of this waste.

In all cases, you are considered as the originator. 

In some specific cases, you don’t need to request this registration 

You must be registered as a waste and animal by-products transporter, in addition to your registration as a collector, trader or broker, if you transport non-hazardous waste or animal by-products yourself. If you are making user of a subcontractor for transport, it must also be registered.

Being registered and meeting the conditions: a legal obligation

If you do not comply with all the conditions of your registration, you are in violation and you risk criminal sanctions or alternatively an administrative fine.

Why these conditions? 

The conditions set by your registration  intend to protect the environment and human health.
To achieve this goal, we are implementing actions to:

• prevent or reduce the harmful effects of waste management;
• reduce the overall impact of the use of resources;
• improve the efficiency of the use of resources.

This guide will clarify:

• Information about your registration
• The obligations to be met when exercising your activities
• Your mandatory documents: traceability scheme

 

a. Your administrative obligations

• You must:
  • submit to Brussels Environment all the documents and information requested in the framework of your registration;
  • indicate your registration number on all invoices and documents relating to your activities.
• report to Brussels Environment if you wish to continue your activities as a collector, trader or broker of non-hazardous waste and animal by-products. every five years, at the birthday date of your registration the latest,
• inform Brussels Environment without delay of any change(s) of the information contained in your registration file, in particular concerning the name and address of the transporter.
• comply with your traceability obligations.
• set up an internal Quality Management System based on the principle of self-monitoring. This system is updated at least once a year. 

A copy of the quality management system has to remain available to your staff.

If necessary, you can consult our webpage about the Quality Management System (link in French – link in Dutch)

b. Your responsibilities

You must comply with all obligations set by the waste ordinance, Brudalex and your registration throughout the validity of your registration. You only collect, trade or broke non-hazardous waste and animal by-products that are registered in your registration.
As a collector, trader or broker, you also have the responsibility of an originator, meaning:

• You have a sufficient number of qualified personnel on hand to oversee and monitor the waste. 

  You have to train your staff and give them sufficient information for them to carry out their tasks properly.

• You must rely on a  registered transporter if you do not transport the waste by yourself. Make sure that this transporter has the technical means and trained personnel necessary to transport this waste.
• You are responsible for all transportation obligations. You:
  • set the destination for the transport of waste;
  • check the visual compliance of waste and their packaging;
  • assess the risks of incidents that could endanger human health and harm the environment;
  • prepare a list of actions to be taken in the event of an incident.
• You verify that the means of transport and the containers used:
  • are technically suitable for containing the waste to be transported;
  • have the control certificates and declarations needed;
  • are in good working condition;
  • are cleaned properly, inside and outside, to avoid any mixing of different types of waste.
• You verify that the previously sorted waste stream is transported separately.

Special situation for a collector acting as a transporter
If, as a collector, you are transporting waste for another collector, trader or broker, then you are a transporter. In this case, your liability is limited to that of a performer acting on behalf of an originator.

 

Information about your registration (professionals)

• The registration is only valid
  • for the company who obtained it (the registration is linked to the VAT number);
  • for the waste or animal by-products that are registered in your registration;
  • for an indefinite period, as long as you still respect the conditions of the registration.
• Your registration does not include authorization for the transport of waste: you must also be registered as a waste and animal by-products transporter if you transport non-hazardous waste and/or animal by-products yourself.
• Subcontractors may be made use of, provided they comply with the legislation. You are responsible for the tasks performed by your subcontractors. You indicate, in the application form, the waste and/or animal by-products you want to collect, trade or broke. You can choose between groups of waste or specific codes (as mentioned in the European Commission decision 2000/532/EC of 3 May 2000 establishing a list of types of waste). 

These waste and/or animal by-products are registered in your registration and mentioned in the list of collectors, traders, brokers of non-hazardous waste and animal by-products. If you wish to compete this list, you must ask for the modification of your registration by email.

a. Conditions to be met for registration

To register, you must meet the following conditions:

1. Articles of Association

As a legal entity

• you are established in accordance with the legislation of a Member State of the European Economic Area;
• you are enrolled at the Crossroads Bank of Enterprises, the trade register or the trade register according to the requirements of the country in which you are established;
• the Authorised Persons to make binding agreements on behalf of your company are not deprived of their civil or political rights and have not been convicted in the last ten years of an offence that undermines their professional morality. 

As a physical person

• you are a national of a Member State of the European Economic Area;
• you are enrolled at the Crossroads Bank of Enterprises, the trade register or the trade register according to the requirements of the country in which you are established;
• you have not been deprived of your civil or political rights and you have not been convicted in the past ten years for an offence that undermines your professional morality. 

2. Staff training

You nominate a person with sufficient knowledge of waste and waste management legislation. 

This person is available at all times.

b.  How do I register?

 1. To apply for registration:

• download the Registration Form for the collector, trader or broker of non-hazardous waste and animal by-products;
• complete it, date it and sign it;
• collect all the attachments requested on the form;
• send the form and its attachments:
  • by electronic means: using the completed registration form.
  • by post, using the duly completed application form, in one copy, to:

Brussels Environment

Permits and Partnerships Division

Site de Tour & Taxis

Avenue du Port 86C – bte 3000

1000 Brussels

Please do not staple or attach your documents before sending; this simplifies the processing of your application.

2. Then, Brussels Environment analyses your application and assesses whether your application meets the requirements. 

c. Registration as of right

You are automatically registered as a collector, trader or broker of non-hazardous waste and animal by-products in the Brussels-Capital Region if you are already registered as a collector of non-hazardous non-household waste (in accordance with the Order of 21 June 2012 concerning the registration of collectors and transporters of non-hazardous waste others than household).

You are automatically registered as a collector, trader or broker of non-hazardous waste and animal by-products in the Brussels-Capital Region if you are already registered as a collector of animal waste (in accordance with the Order of 28 November 2002 concerning the elimination of animal waste and the installations of animal waste transformation).

 

The traceability regime to which you are subject has three parts:

a) The traceability document delivered at the time of handing over of any waste and accompanying it during transport. 

b) A register containing all traceability documents.
c) A report which summarises the different data contained in the register.

Traceability does not apply to waste generated by households as long as their collection, disposal or recycling has not been accepted by a licensed facility, collector, trader or broker.

a. Traceability Documents

As an originator, you are responsible for the traceability document that you must submit to the transporter.

Complete and sign the traceability document before transporting.  

What form should a traceability document have?
Any document containing the necessary information can be considered as a traceability document.

What information should the traceability document contain?
The traceability document should contain the following information:

For non-hazardous waste:

• the date of transport, delivery or, when appropriate, frequency of collection;
• the name, address and business number of the waste holder and the address for taking responsibility for the waste if different;
• the name, address and registration or approval number of the collector, dealer or broker, if applicable;
• the name, address and registration number of the transporter(s), if applicable;
• the name, business number and address of the place of business of the company the waste is delivered to;
• the nature of the treatment in accordance with the lists in Appendices 1 and 2 of the Waste Ordinance (code D or R);
• the quantity in tons, kilograms, m³, or, where appropriate, a summary of the quantities collected;
• description of the waste;
• the code on the waste list.

For animal by-products:

In case of transfer of animal by-products, the commercial document referred to in Annex VIII of the Commission Regulation (EU) No 142/2011 shall act as the traceability document. A manual for completing the commercial document is available on the FASFC website.

However, in case of transfer of category 3 catering waste, the traceability document may be simplified but shall include at least the following data 

•  the date of transport, delivery or, when appropriate, frequency of collection;
• the name, address and business number of the waste holder and the address for taking responsibility for the waste if different;

b. Waste register

• Keep a waste register and keep it for at least five years.
• Present the register at the request of the competent authorities.

What information should a collector's, trader's or broker's register contain?

The register contains all traceability documents. 

Gather all the traceability documents relating to your waste management operations in the register regularly and in chronological order.

c. Waste Report

The new report forms and a briefing note are available on our website (link in French – link in Dutch).

You have to send the waste report every year before March 15th of the next year which you have to report. You can submit this report via the platform BRUDAWEB.

If you don’t have access to the platform you have to contact Brussels Environment in order to gain access to it.