Belgium
Have any regulations or guidelines already been implemented?
Waste management is regulated on a regional level. The implementation of a separate collection system for textiles as required by Directive (EU) 2018/851 must thus be examined in the three regions separately: Flemish (“FR”), Walloon (“WR”) and Brussels-Capital (“BCR”) regions. This also means that different requirements may appear from one Region to another.
To date, the status of implementation is as follows:
FR: implemented and in force, through the Decree of the Flemish Government of 17 February 2012 establishing the Flemish regulation on the sustainable management of material and waste cycles ("Vlarema") provides for the separate collection of textile waste.
WR: not yet implemented. In 2020, the Walloon Government examined a draft decree on waste, circularity of materials and public cleanliness, which contains provisions on the extended responsibility of textile producers. This decree has not been adopted to date but discussions on the text have started last week.
BCR: implemented since June 2022, entry into force scheduled for 2025. On 23 June 2022, the Government of the Brussels-Capital Region adopted a government decree amending its decree of 1 December 2016 on waste management and related provisions ("Brudalex"). The new provisions contain, among other things, the introduction of a general obligation for companies to collect textiles.
Is there any upcoming relevant legislation or guidelines?
What is the timeline for implementation?
The deadline set for the implementation of Directive (EU) 2018/851 in national law was 5th July 2020, and Member States have the duty to set up separate collection for textiles by 1st January 2025 at the latest.
The FR and the BCR have already enacted legislation, see column 1.
The WR has not implemented Directive (EU) 2018/851 yet, but the intention of the legislator is to complete the implementation of Directive (EU) 2018/851 in accordance with the timeframe set out therein as far as the textile collection is concerned.
Except the draft decree in WR, there is no upcoming relevant legislation or guidelines
What are the general rules?
FR: Vlarema imposes to companies established in Flanders to enter into a contract with a waste collector for industrial waste. One exception: if the company does not exceed the maximum quantity, they can have their industrial waste removed with the bi-monthly communal collection of household waste.
Vlarema applies to all companies based in Flanders.
WR: Article 117 of the draft decree requires registration for the activities of collection of household textile waste and used footwear, door-to-door or via voluntary collection points other than authorised container parks.
BCR: Brudalex is an integrated legal framework applicable in the Brussels-Capital Region to ensure in particular the traceability and recyclability of waste.
Brudalex provides for several obligations: taking back waste, ensuring that waste treatment is carried out appropriately, financing waste management, achieving collection, reuse, recycling and recovery rates, reporting, adopting a prevention and management plan, and providing consumer information.
These rules are aimed at targeting the waste management operator (i.e.. Companies whose professional activity is to manage waste (transport, collection, treatment, etc.), the product producer, the retailer and the producer of non-household waste (company, public body, non-profit organisation, etc.).
What are the products involved?
FR: Textiles are a collective name for the product group comprising clothing, footwear, flax, and products made from natural or synthetic fibres. The textile fraction contains both reusable and non-reusable textiles.
WR: The draft decree tends to focus on textiles defined as all clothing, footwear, linen, and products made from natural or synthetic fibres.
BCR: Brudalex does not specify a type of textile.
What are the enforcement measures and sanctions in case of violation?
FR: Depending on the type of offence, penal sanctions are provided for. Penalties can consist of up to 3 years' imprisonment and/or a fine in the range between EUR 100 and EUR 350,000.
If there is no criminal prosecution, an administrative fine may be imposed.
WR: Non-compliance with the regulations is subject to criminal sanctions, and possibly also to administrative sanctions which have not yet been precisely defined.
BCR: Depending on the type of offence, criminal sanctions may occur if a producer or holder of waste is non-compliant with his sorting obligations. Penalties can consist of up to 24 months' imprisonment and/or a fine of up to EUR 25,000.
Which are the responsible authorities or bodies?
The competent authorities are the municipal authorities in the Flemish, Walloon, and Brussels-Capital Region.
