Transporter of waste (professionals)
You load and unload non-hazardous waste or hazardous waste. 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 to a collection facility or to a waste treatment facility in Belgium or abroad:
- on behalf of an originator, i.e.:
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. 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
- a collector, trader or broker of hazardous waste
- a waste holder;
- as a waste holder if you transport more than 500 kg of waste.
In some cases, you do not have to be registered.
You are not affected by this registration if:
- you are a waste producer and you are transporting your own waste to an ancillary collection facility or
- 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 end-of-life vehicles, for which specific registration is necessary;
- you transport animal waste, 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:
- Information about your registration
- The obligations to be met when exercising your activities
- Your mandatory documents: traceability scheme
Information about your registration (professionals)
- 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.
- Your registration as a waste transporter now covers the transportation of non-hazardous waste and hazardous waste.
- You indicate the waste you wish to transport. 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 ) .
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: 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.
- explosive waste: codes 16 04 01*, 16 04 02* and 16 04 03*. Every transport of explosive waste must be authorized in advance by a federal transport license.
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.
a. How do I register?
1. To apply for registration, you have to :
- download the Registration Form for the waste 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:
Permits and Partnerships Division
Site de Tour & Taxis
Avenue du Port 86C – bte 3000
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 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 a transport company for the transport of waste produced in the course of your activities if you are:
- a contractor in soil remediation recorded in the the Soil Ordinance (link to the legislation in French – link in Dutch) ;
- a registered refrigeration technician who meets the requirements for the qualification of refrigeration technicians, the registration of refrigeration companies and the approval of examination centres set by the Order of 22 March 2012 of the Government of the Brussels-Capital Region (link to the legislation in French – link in Dutch) ;
- a registered heating installer meeting PEB requirements applicable to heating systems for buildings during their installation and operation (link to the legislation in French – link in Dutch);
You are also automatically registered as a transporter for the transport of waste if you are registered for the transport of waste in the Flemish region with OVAM or in the Walloon region with the Soil and Waste Department.
You may consult:
- the list of contractors in soil remediation (link in French – link in Dutch)
- the list of refrigeration companies (link in French – link in Dutch)
- the list of certified heating installers (link in French – link in Dutch)
- the list for the Walloon Region
- the list for the Flemish Region
Obligations to be met when exercising your activities (professionals)
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 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.
- 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 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 its packaging;
- You pack the waste 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 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.
- Road transport: ADR legislation
- Rail transport: RID legislation
- Transport by inland waterway: ADN legislation
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.
"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 recycling has not been accepted by a licensed facility, collector, trader or broker.
a. Traceability Documents
- Any transport of hazardous or non-hazardous waste in and to the Brussels Region must be accompanied at all times by a traceability document.
In the following cases, the waste can be transported without a traceability document:
- 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.
- 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.
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.
"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.