Applying for the recognition or registration of a by-product

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Summary

Are you a conventional production company? As part of your manufacturing process, are you aware that you may obtain residue that you can recycle?

You can seek recognition or registration (if recognition already exists) for what is called a by-product.

A PRODUCTION RESIDUE, NOT WASTE

A by-product is a production residue that should not be considered as waste.

An example? As part of its manufacturing process, a joinery obtains shavings from wood by producing planks. It does not sell these shavings. It sells wood. The shavings are waste and collateral effects of its production. They are called by-products because it is possible to transform these shavings into pellets.

A collateral effect of your production as a company can therefore be recovered and sold. This by-product is not waste.

BENEFIT FROM THE ADVANTAGES

From taxation to transport, through authorisation, the recognition of an object or substance as a by-product allows you to enjoy significant practical and financial advantages.

This procedure, which is not compulsory, is available from the SPW Agriculture, Natural Resources and Environment (ARNE) Walloon Public Service (SPW).

It does not concern recyclers and waste producers. Are you involved in waste management? See the procedure for exiting waste status (SSD).

ALREADY RECOGNISED BY-PRODUCTS

In the annex to the By-product Order, see the list of substances and objects already recognised as by-products:

  • side streams from the agri-foodstuffs industry
  • wood residues and groundwood
  • bark and cork residues
  • wood shavings and chips
  • non-compliant signs
  • cuttings and products not covered by specifications

The production processes and modes of use concerned are specified.

RECOGNITION OR REGISTRATION?

  • In the case of recognition, nothing exists yet and criteria are created for a new workstream, process or use. Once the criteria are established in the recognition, registration will be granted to you on this basis without additional costs.
  • In the case of a registration, you consider that you are doing the same thing as another company that has already received recognition.

The SPW does not grant a registration for a whole sector. It is the company, individually, that applies for registration.

Submitting an application file costs EUR 500. One file is required for each operating site.

Feel free to contact our department, the Waste Management Infrastructure and Policy Department (DIGPD), so that we can analyse your request together before officially submitting your application. Indeed, this depends on many factors.

I HAVE ALREADY BEEN RECOGNISED BY ANOTHER COUNTRY/REGION OF THE EU

Please note: the decisions we provide are only valid in Wallonia! Check in other countries if such recognition is also valid. If all the states concerned do not recognise the status of by-product, then the entire shipment  must be considered as waste and be subject to a transfrontier shipment of waste.

If you already have recognition from another State or Region of the European Union, you can provide evidence. If this decision ensures an equivalent level of environmental protection to what is done in Wallonia, it may also apply in Wallonia.

INTERESTED? CONTACT US

See the procedure below if you wish to request:

  • recognition as a by-product
  • registration where objects or substances are already recognised as by-products
  • recognition of a decision taken in other EU States or Regions

Contact our service before submitting an application so that we can ask you questions and prepare your file. This will save you precious time and ensure you get the best possible advice. For our part, we consult the ISSeP (Public Service Scientific Institute) for the technical aspects of your request.

In detail

Target audience – details

Any conventional production company. Your production residue may be candidates for by-product status

Conditions

Four general terms and conditions for the by-product:

  1. The subsequent use of the substance or object is certain
  2. This use can be direct, with no additional treatment other than common industrial practices
  3. The substance or object is produced as an integral part of a production process
  4. The subsequent use is legal. The substance or object complies with all relevant product, environmental and health protection requirements for the specific use. This use will have no overall harmful effects on the environment or human health
Procedure

IN STEPS

  1. Contact our service by email to discuss your request and get advice: ssd.dechet@spw.wallonie.be.
  2. Pay the application fee (EUR 500).
  3. Complete and send the mandatory documents.


Do you have more than one operating site? Complete one file per operating site.

APPLICATION FEE

An application fee of EUR 500 must be paid into the SPWARNE – SSD-SP account: BE30 0912 1502 7811. In communication: the name of the company and the workstream concerned.

DOCUMENTS TO BE RETURNED

Currently, this request is not made online but only via the paper form available below. The procedure can be carried out in French or German.

In the case of an application for recognition or registration, your file must include the following documents in order to be complete:

  • application form (see "Forms" below). One hard copy to be sent to the following address: SPW ARNE, DIGPD, Avenue Prince de Liège 15, 5100 JAMBES
  • technical file (see outline in the ‘useful documents’ section below): email delivery authorised
  • receipt of payment: email submission allowed
  • any annexes (table to be completed): email submission allowed

In the case of an application for recognition in Wallonia of a decision taken in another Member State or region of the European Union, your file must include the following documents in order to be complete:

  • a copy of the decision and the evidence showing that it ensures an equivalent level of environmental protection to recognition issued in the Walloon Region
  • the receipt of payment of EUR 500 for the costs of examining the file, to the bank account designated by the administration
  • a translation into French of decisions issued in another State is also provided, where they are drawn up in a language other than French or English

DEADLINES: APPLICATION FOR RECOGNITION

  • The SPW Agriculture, Natural Resources and Environment decides on the completeness of the dossier within 20 days. If the deadline is exceeded, this does not entail any consequences. The deadline is suspended if we ask you for additional information
  • We decide on your application within 110 days of the date of the declaration of completeness
  • We can request the opinion of the SPW Economy, Employment and Research, which has 45 days to respond. After this period, the opinion is deemed favourable
  • The decision is sent to you, published in the Belgian Official Journal and made available to the public on our website
  • The decision has a maximum validity period of 10 years
  • In the absence of a decision within the deadline, the decision is deemed to have been rejected
  • We can request the opinion of the reference laboratory, which has 45 days to respond. After this period, the opinion is deemed favourable
  • We can also notify the draft decision to the European Commission. In this case, the 110 day period is suspended during the consultation phase of the European Commission

DEADLINES: APPLICATION FOR REGISTRATION

In the case where objects or substances have already been recognised as by-products, it is possible to apply for registration.

  • The SPW Agriculture, Natural Resources and Environment decides on the completeness of the dossier within 20 days. If the deadline is exceeded, this does not entail any consequences. The deadline is suspended if we ask you for additional information
  • We decide on your application within 75 days of the date of the declaration of completeness
  • The decision is sent to you, published in the Belgian Official Journal and made available to the public on our website
  • The validity of the registration is limited to the validity of the by-product recognition decision from which it derives
  • In the absence of a decision within the deadline, the decision is deemed to have been rejected.

DEADLINES: APPLICATION FOR RECOGNITION OF A FOREIGN JUDGMENT

  • The SPW Agriculture, Natural Resources and Environment decides on the completeness of the dossier within 20 days
  • If one of the conditions is not met, we will inform you of the refusal of recognition within 90 days of receipt of the request
  • We take a decision within 90 days of receipt of your request
  • The period of recognition shall be limited to the period of validity of the decision which was the subject of such recognition and may not exceed 10 years
  • You must inform us of any measures taken by the relevant authority in another Region or State of the EU that revoke, suspend or amend the decision that has been the subject of that recognition. Inform us within 20 days by registered letter or delivery against receipt
Voie de recours

APPEALS

You can file an appeal. It must be submitted within 20 days of receipt of the decision or, in the absence of a decision, of the expiry of the prescribed period. The request shall be sent by registered letter or delivery against receipt to the administration.

See the full procedure at Article 18 of the decree of 28 February 2019 of the Walloon Government on waste concerning the recognition of by-products.

Forms

Online

To download

Useful documents

Useful links

Contacts

Services

Contact the Waste Management Infrastructure and Policy Department (DIGPD) for all questions related to by-products
ssd.dechet@spw.wallonie.be
Updated on
Process n° : 3997
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