The Directive 2008/98/EC establishes a legal framework for waste treatment in the European Union (EU). In order to relieve pressure on resources and improve their use, specifically the importance of adequate waste management is emphasized, as well as recovery and recycling techniques.
Two notions emerge from this: the end-of-waste status (Art. 6) and by-products (Art. 5). Both offer possibilities for secondary materials: easier market access, legal certainty, and administrative simplification.
Wallonia first included these concepts in Articles 4bis, for by-products, and 4ter, for the end-of-waste status, of its framework Decree on Waste dated of 27 June 1996. Subsequently, it then adopted the Decrees of the Walloon Government implementing the procedure for end-of-waste status in June and by-products in February 2019, thereby amending the Decree of the Walloon Government of 14 June 2001 promoting the valorisation of certain waste. (Belgian Official Gazette 05.04.2019).
Since the entry into force of the aforementioned decrees on 1 July 2021, recycled aggregates in particular must be regarded as waste and can no longer be used in the Walloon Region if they do not comply with this new environmental legislation.
Marking
Currently, there is no marking as such associated with the end-of-waste status of recycled aggregates. However, the Walloon government in charge of the implementation of this new legislation has chosen to issue an end-of-waste status certificate. The purpose of this certificate is to certify that a production unit complies with this new legislation. However, it should be noted that a level 2+ CE certificate is a prerequisite for the admissibility of a formal application for end-of-waste status certification by a conformity assessment body such as COPRO.
Context
We will limit ourselves here to the provisions related to the end-of-waste status or “End of Waste” (EoW). We speak of EoW when waste materials that have been recycled or given another useful application are no longer regarded as waste under certain conditions.
This new ‘life’ implies:
- Use for specific purposes;
- The existence of a market or demand;
- Compliance with the technical requirements;
- The absence of general harmful effects.
In accordance with these fundamental conditions, more specific criteria can be developed for particular waste streams at the level of the Walloon Region.
Scope
These provisions apply to all companies active in the Walloon Region in the recycling sector of inert debris from demolition and construction, including those established in another country or region exporting their products into the Walloon territory.
Requirements
Downstream of the European End-of-Waste (EoW) Directive, as mentioned earlier, the Walloon legislator has laid down in its decree the legal framework for the end-of-waste status of each waste material valorised or recycled as product within in its territory. This decree is built around 2 important procedures:
- a procedure for ‘Recognition of the end-of-waste status’ (Chapter II), and
- a procedure for ‘Registration of the end-of-waste status’ (Chapter III).
More specifically, Annex II of the Walloon Government Decree regarding the criteria for EoW recognition of recycled aggregates, describes the registration procedure that must be followed by any producer of this type of aggregate wishing to give this product a new useful application in the Walloon Region.
Without going into detail, to lose their waste status and gain product status, recycled aggregates will have to meet the conditions of Annex II of the Walloon Government Decree. This stipulates that the conformity of the Recycled Aggregates product must be demonstrated based on 2 main points: technical conformity and environmental conformity.
- Technical conformity
Although the harmonised European standards for aggregates provide for 2 possible levels of CE certification for this product (level 4 and level 2+), the Walloon legislator requires level 2+ for recycled aggregates. In other words, the self-control of the technical characteristics, as provided for in the harmonised standards for aggregates, will have to be checked annually by an impartial independent third-party organisation such as COPRO.
This is a first absolute requirement before examining compliance with environmental legislation.
- Environmental conformity
In addition to technical conformity, the producer will also have to demonstrate that its products comply with the environmental legislation. It will have to set up an environmental self-control system in accordance with the requirements of Annex II of the Walloon Government Decree. The following main principles are applied in this self-control of environmental characteristics:
- An “end-of-waste” criteria management system for recycled aggregates produced from inert waste (Part 4);
- Sampling of environmental specimens conducted by authorized sampler;
- Analysis results on these samples provided by accredited laboratories;
- Evaluation of test results by competent and trained personnel.
Here as well, this self-control of environmental characteristics as stipulated by Annex II of the AGW should also be annually verified by a neutral, independent third-party organization such as COPRO.
Application for registration with the Walloon authorities
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Applicants must submit a registration dossier to the SPW ARNE. This includes the application forms and the technical dossier templates in accordance with the instructions given under the following link.
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As regards both the technical and environmental aspects, the producer’s own audit must be checked every year by an independent conformity assessment body. You can find the SPW ARNE certification procedure at the following link.
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In order for the registration dossier to be considered admissible and complete, the certificate of conformity of the SSD criteria management system must be attached to the application.
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The formal application for certification of the management system by COPRO is available at the following link.
Certificate
The validity of a certificate issued by the conformity assessment body after several checks must be verified on that conformity assessment body's website.
COPRO is one of the conformity assessment bodies authorized by SPW ARNE to issue a certificate confirming that all provisions concerning the management system of the criteria for recycled aggregates from inert waste are applied and that the environmental conformity of the recycled aggregates is assessed as being in accordance with the applicable requirements.
Benefits
This certificate allows its holder to re-use recycled aggregates on the Walloon territory, in full compliance with the relevant environmental legislation.
Role of COPRO
With more than 30 years of experience in recycled aggregates, COPRO has made itself available to the sector in Wallonia to help it achieve this new milestone. COPRO actively participates in the working groups of the competent Walloon administration in which all stakeholders are brought together to set up this new topic.
As a notified body, COPRO is not only authorised to issue the CE2+ certificate but is also competent to issue the certificate related to the environmental aspect.
COPRO can therefore certify your entire end-of-waste status procedure.
