Transporter of waste and animal by-products

Table of content

You load and unload non-hazardous waste, hazardous waste or animal by-products. You transport it to collection or processing facilities by road, rail or inland waterway.

In this case, you must be registered.

The Brudalex Waste Management Order modifies 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 the possible exemptions.

Are you affected?

You must be registered and you are affected by these conditions if, as a professional, you transport, load, unload, move waste and/or animal by-products to a collection facility or to a waste and/or animal by-products treatment facility in Belgium or abroad:

  • on behalf of an originator, i.e.:

Good to know

A transporter is any natural or legal person who, on a professional basis, transports waste by road, inland waterway or railway.

A collector is any company that collects waste on a professional basis.

A broker is the company that organises the disposal or recyclingElke nuttige toepassing waardoor afvalstoffen opnieuw worden bewerkt tot producten, materialen of stoffen, voor het oorspronkelijke doel of voor een ander doel. Dit omvat het opnieuw bewerken van organisch afval, maar het omvat niet energieterugwinning, noch het opnieuw bewerken tot materialen die bestemd zijn om te worden gebruikt als brandstof of als opvulmateriaal. of waste on behalf of third parties. A broker who is not physically in possession of the waste is also considered a broker.

A trader is a company that acts as the person responsible for the purchase and then sale of the waste. A trader who is not physically in possession of the waste is also considered a trader.

The originator of the transport is the collector, trader, broker or holder of the waste. This originator shall give instructions to the transporter concerning the destination, packaging and measures to be taken in the event of an incident. The originator ensures the identification of the waste, defines its destination and ensures that it is authorised to receive the waste transported, ensures that the means of transport used meets the legal requirements (e.g. European agreement concerning het international carriage of dangerous goods bij road (ADR requirements)), that the  packaging, marking, safety and traceability requirements are met, that appropriate safety measures have been taken, and so on. The originator assumes responsibility for the waste during transport.

  • a collector, trader or broker of non-hazardous waste and animal by-products
  • a collector, trader or broker of hazardous waste
  • a waste or animal byproducts holder;
  • as a waste holder if you transport more than 500 kg of waste. 

In some cases, you do not have to be registered.

Good to know

You are not affected by this registration if:

  • you are a producer of waste and you transport your own waste provided that the quantity of waste you transport does not exceed 500 kg;
  • you transport manure between different sites of a same exploitation;
  • you only transport old foodstuffs that are destined to animal feeding because the competent authority for the follow-up and the good management of these products is FASFC.
  • you are a waste and/or some animal by-products producer and you are transporting your own waste and/or some animal by-products to an ancillary collection facility

    The animal by-products concerned are: category 3 catering waste, animal carcasses discovered by the manager of the site where they were found, with the exception of farm animals, animal carcasses produced by and brought to vets, veterinary clinics and wildlife centres

  • you transport end-of-life vehicles, for which specific registration is necessary;

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:

Download

The application forms about the authorizations are only established in French and Dutch. The official documents (letters, decision, registration extract,…) will be established in the language that you choose.

  • Registration form in French (.pdf) (.doc)
  • Registration form in Dutch (.pdf) (.docx)
  • Registration procedure in French (.pdf)
  • Registration procedure in Dutch (.pdf)
  • Notification form for a temporary or permanent discontinuation of an approval or a registration in French (.pdf) (.docx)
  • Notification form for a temporary or permanent discontinuation of an approval or a registration in Dutch (.pdf) (.docx)

Legislation

Link

List of registered professionals: collectors, traders and brokers in non-hazardous waste and animal by-products (link in French – link in Dutch)

Contact

Permits and Partnerships Division:
Avenue du Port 86 C/3000, 1000 Brussels

email

Info service 02 775 75 75

Information about your registration

  • The registration is only valid for the company who obtained it (the registration is linked to the VAT number).
  • Registration is valid for an indefinite period, as long as you respect the conditions of your registration.
  • Subcontractors may be used as long as  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 wish to transport. They will be mentionned in an indicative manner in the list of registered transporters available on our website (link in French – link in Dutch). If you wish to add waste and/or animal by-products tothis list, you must inform us by email. You can choose between groups of waste or specific codes (as under the European Commission decision 2000/532/EC of 3 May 2000 establishing a list of wastes )

Good to know

Hazardous waste are listed with an asterisk (*) in the European Commission decision 2000/532/EC of 3 May 2000 establishing a list of types of waste (hereinafter referred to as “European list of waste”.

Warning: Waste codes 18 01 01 - 18 01 02 and 18 02 01 are not marked with an asterisk but are considered as hazardous waste.

Non-hazardous waste are listed without an asterisk (*) in the European list of waste

Animals byproducts are spread out in 3 categories, the more strict category being the category 1. You can find more details in the table (link in French (.pdf) – link in Dutch (.pdf)) resuming the animal by-products categories.

Your registration as a waste transporter covers the transportation of all non-hazardous waste,hazardous waste and animal by-products.

Your registration does not cover specific waste as:

  • end-of-life vehicles: codes 16 01 04 * - 16 01 06
  • explosive waste: codes 16 04 01*, 16 04 02* and 16 04 03*.
    Warning:Every transport of explosive waste must be authorized in advance by a federal transport license.

If you have the registration, you can transport all waste, with the exception of animal waste and end-of-life vehicles and explosive waste, unless if you explicitly ask it. For your information.

a.  How do I register?

1. To apply for registration, you have to :

  • download the Registration Form for the waste and animal by-products transporter;
  • 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.

Good to know

When your file is complete:

  • we will inform you officially of the complete file via a decision that act your registration within 20 working days of receipt of your registration form. this receipt is acknowledging your registration;
  • you can begin the activities covered by the registration as soon as you have received the acknowledgement of the completed file, unless if there are specific conditions.

If your file is incomplete:

  • we have 20 working days after receiving your registration form to notify you;
  • we then have 10 working days after receiving the expected supplementary documents to let you know your file is complete. 

    You will then receive the decision, or, if necessary, another declaration that the file is incomplete.

If you do not receive a reply within 20 working days:

  • your registration is awarded;
  • you can begin the activities covered by the registration the day after the response time expires.

If you do not agree with our decision:

  • you can lodge an appeal against Brussels Environment's decision or lack thereof.

b. Registration as of right

You are automatically registered as transporter of waste and animal by-products in the Brussels-Capital Region if you are already registered as a transporter of animal waste (in accordance with the Order of 28 November 2002 concerning the elemination of animal waste and the installations of animal waste transformation).

You are automatically registered as transporter of waste and animal by-products for the transport of waste produced in the course of your activities if you are:

You are also automatically registered as a transporter for the transport of waste and/or animal by-products if you are registered for the transport of waste and/or animal by-products in the Flemish region (with OVAM) or in the Walloon region (with the Soil and Waste Department) or in another Member State of the European Economic Area.

You may consult:

Obligations to be met when exercising your activities

a. Your administrative obligations

  • You must:
    • provide Brussels Environment with all the documents and information requested in link with your registration;
    • indicate your registration number on all invoices and documents relating to your activities.
  • You must report to Brussels Environment every five years, on or before the anniversary of your registration, if you wish to continue your transport activities.
  • You have to inform Brussels Environment of any change in the information contained in your registration file without delay, in particular concerning the name and address of the transporter.
  • You must meet your obligations regarding traceability.

b. Your responsibilities

You must comply with all obligations set by the waste ordinance and Brudalex during the period of validity of your registration. You are responsible for the management of waste and/or animal by-products that you send to authorised treatment or collection facilities.

Each transport shall be carried out under the responsibility of the transporter and of the originator.

  • Your staff is sufficiently qualified and have sufficient information to carry out the tasks related to the transport of waste and animal by-products.
  • You are responsible for the tasks performed by any subcontractors.
  • The means of transport and the containers you use:
    • are technically suitable for containing the waste and animal by-products to be transported;
    • have the necessary control certificates and declarations;
    • are in good working condition;
    • are cleaned properly, inside and outside, to avoid any mixing of different types of waste.
  • You check the visual compliance of waste and animal by-products and its packaging;
  • You pack the waste and animal by-products in a way that prevents any loss of contents.
  • You transport previously sorted waste stream  separately.

c. The originator's responsibilities

Each transport shall be carried out under the responsibility of the transporter and of the originator.

You are the originator or you work on behalf of an originator. The originator takes on the obligations related to the transportation. He:

  • sets the destination for the transport of waste;
  • controls the visual conformity of the waste and its packaging;
  • assesses the risks of incidents that could endanger human health and harm the environment;
  • prepares a list of actions to be taken in case of an incident.

d. Transporting animal by-product

  • Animal by-products shall be packaged in a packaging, container and/or vehicle which allows the category of animal by-products to be identified during transport and storage, from production to disposal. 
  • The colour code and the mandatory wording laid down in Annex VIII, Chapter II of Regulation (EU) No 142/2011 shall be respected. 
    • The surface or part of the surface of the packaging, container or vehicle, or a label affixed thereto, is of the prescribed colour.
    • The colour of the packaging or container must not confuse the colour code of the label. The colour coding provisions do not apply to packaging or containers of Category 3 catering waste.
  • The packaging or container shall be identified with the name and contact details of the producer of animal by-products. This paragraph does not apply to packaging or containers of animal by-products brought by the original producer to an ancillary collection facility referred to in Article 3.5.15.
  • Packaging and containers shall be leakproof and kept closed. 
  • Reusable containers, equipment or appliances which come into contact with animal by-products shall be cleaned, washed and/or disinfected after each use to the degree necessary to prevent cross-contamination. Such containers shall be clean and dry before re-use. 
  • The disinfectant used is authorised by the FPS Public Health, Food Chain Safety and Environment.

These obligations do not apply to:

  • the transport of manure/mildew between two points within the same farm;
  • waste edible oils and fats collected at collection point;
  • catering waste from households.

e. Transporting hazardous waste

If you are transporting hazardous waste, you must also comply with the following conditions:

Containers, packaging, means of transport

  • Pack hazardous waste in an airtight manner. It cannot be mixed or diluted.
  • Use packaging appropriate to the waste being transported.
  • Mark each container, packaging or means of transport to identify the nature of each type of waste, its composition and quantity.
    Hazardous waste is packaged and labelled in accordance with applicable regional, national, EU and international standards.
  • Clean them to avoid mixing hazardous waste.
  • Keep them in good working condition.
  • During transport, do not endanger human health or damage the environment:
    • Never pour hazardous waste in groundwater, sewers or surface water;
    • Avoid risks that can contaminate the air, soil, fauna or flora;
    • Do not cause noise or odour nuisance.

To transport certain types of hazardous waste, you must have received specific training for each type of transport. You must be able to react immediately in case of an incident to limit nuisance and damage to people or the environment.

Your mandatory documents: traceability scheme

The traceability scheme 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.

Good to know

"During any delivery of waste", i.e.:

  • when delivering waste from the producer to the transporter
  • during the handing over of waste from the transporter to the collection and processing facility.

It can be the same document for all waste deliveries.

b)  A register containing all traceability documents.

c)  A waste 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 recyclingElke nuttige toepassing waardoor afvalstoffen opnieuw worden bewerkt tot producten, materialen of stoffen, voor het oorspronkelijke doel of voor een ander doel. Dit omvat het opnieuw bewerken van organisch afval, maar het omvat niet energieterugwinning, noch het opnieuw bewerken tot materialen die bestemd zijn om te worden gebruikt als brandstof of als opvulmateriaal. has not been accepted by a licensed facility, collector, trader or broker.

a. Traceability Documents

  • Any transport of hazardous or non-hazardous waste and animal by-products in and to the Brussels Region must be accompanied at all times by a traceability document.

Good to kow

In the following cases, the waste can be transported without a traceability document:

The collection of non-hazardous non-household waste and animal by-products on a a single round. In this case, the list of collection points must be in the vehicle. The collection of market waste, sewer cleaning waste on a single round. The transport of waste by the retailer to its headquarters as part of the extended producer responsibility. Transport by producer of its own waste directly:

  • to a collection or treatment facility provided that the quantity of waste transported does not exceed 500 kg;
  • to an ancillary collection facility.
  • You receive the traceability document from the originator: a holder of waste transporting its own waste, or the collector, trader or broker. This document must be completed and signed before transport.

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 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, when appropriate, a summary of the quantities collected;
  • description of the waste;
  • the code on the EU waste list.

For hazardous waste: additional information

  • the composition and physical characteristics of the waste;
  • the type and number of packages;
  • special transport instructions, if applicable.

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 same data as that for non-hazardous waste.

b. Waste register

  • Keep the register for at least 5 years.
  • Present the register at the request of the competent authorities.

What information should a transporter's register contain?

The register contains all traceability documents. 

Good to know

"Traceability document" means any document issued by the holder/producer of the waste, by the collector, trader or broker, by the collection or processing facility (e.g. invoices, CMRs containing all necessary information, dispatch notes, weighbridge tickets, etc.);

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

c. Waste Report

You do not have to report on your activities systematically.

However competent authorities may contact you to report on the waste transported on the basis of your register. In this case, the reporting procedures will be specified by Brussels Environment.