Collector, trader or broker of non-hazardous waste (professionals) (professionnels)

Your company collects, buys and sells non-hazardous waste, 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 conditions and must be registered if:     

You have to be registered beacause you are responsible, both for the handling of non hazardous waste and for its transport even if it is done by a transporter.

  • 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. 

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 recycling 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. The 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.

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

You are not affected by this registration:

  • if you are a collector, trader or broker of animal waste, for whom specific registration is required;
  • for collection activities that take place on your site, for which an environmental permit may be required.

You must be registered as a waste transporter, in addition to your registration as a collector, trader or broker, if you transport non-hazardous waste 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:

Documents: 

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: 
Contact: 

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

email

Info service 02 775 75 75

 

Obligations to be met when exercising your activities (professionals)

a. Your administrative obligations

  • You must:
    • give 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.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. 

This system is based on the production of work plans. it includes:

  • a clear and comprehensive manual on the practice of the activities;
  • a working method that ensures that the waste producer receives all necessary information;
  • a working method that guarantees the traceability of waste from the waste producer to its final destination;
  • a register of the training undertaken by the staff.

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 Frenchlink 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 all non-hazardous waste.
As a collector, trader or broker, you also have the responsibility of an originator. To do this:

  • 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.

  • You must call 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).
  • You registration is valid 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 transporter if you transport non-hazardous waste yourself.
  • Subcontractors may be made use of, provided they comply with the legislation. You are responsible for the tasks performed by your subcontractors.

In your application for registration, you indicate the waste 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). 

The waste list includes:

  • hazardous waste, which is listed with an asterisk (*);
  • non-hazardous waste, which is listed without an asterisk

Specific waste categories:

  • end-of-life vehicles: eural codes 16 01 04 * - 16 01 06
  • animal by-products: codes 02 01 02 - 02 01 06 - 02 02 01 - 02 02 02 - 02 02 03 - 02 02 99 - 02 03 04 - 02 05 01 – 18 02 02 - 18 02 03 - 20 01 08 - 20 01 25. Some of these codes may be either animal by-products or non-hazardous 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

These types of waste are mentioned in the list of collectors, traders, brokers of non-hazardous waste in an indicative manner. If you wish to join this list, you must inform us by email.

If you have the registration, you can collect, trade, broke all non-hazardous waste, except animal wastes.

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. 

You will have to prove that the nominated person has sufficient knowledge of waste legislation and waste management, by producing training certificates, diplomas or declarations, or by  proving a professional experience equivalent to the knowledge required.

In this case, you must request for an exemption and justify your request.
Brussels Environment organizes frequently  training sessions for waste managers that can prove that knowledge. You can find more information on that training on our website (link in Frenchlink in Dutch).

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;
  • 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. 

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 supplementary documents to notify the decision.

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. 

c. Registration as of right

You are registered as a collector, trader or broker of non-hazardous waste in the Brussels-Capital Region if you are already registered as a collector of non-hazardous non-household waste.

 

Your mandatory documents: traceability scheme (professionals)

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. 

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

  • when delivering waste from the producer to the collector, trader or broker
  • when delivering waste from the collector, trader or broker to the collection and/or processing facility.

It can be the same document for all waste deliveries.

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. 

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

    1. The collection of non-hazardous non-household waste on a a single round. In this case, the list of collection points must be in the vehicle.

     2. The collection of market waste, sewer cleaning waste on a single round.

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:

  • 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.

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. 

"Traceability document" means:

  • any document or contract issued to the holder/producer of waste by the collector, trader or broker;
  • any document or contract issued by the collection or processing facility.

A traceability document may be invoices, CMRs, mailing notes, weighbridge tickets, contracts, etc. containing all the necessary information.

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 Frenchlink 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.

Date de mise à jour: 16/12/2020