Flanders as a Guiding Country: OVAM Sets the Stage for Uniform European Rules for Plastic Recycling

To sell recycled material, recycling companies need an "end-of-waste status." In Flanders, this is called a "resource declaration," as recycled material is often a resource. But how is it possible that a shipment of recycled plastic is considered a resource in one country and waste in another? And why don’t EU countries recognize or adopt each other's assessments?

A Strong Starting Point

To resolve this issue, European alignment is needed, with uniform rules on what constitutes waste and what qualifies as a resource. Additionally, countries should accept each other’s end-of-waste criteria. This is precisely what Flanders has been working toward successfully over the past summer. “We’ve provided a solid starting point,” says Wouter Dujardin, policy advisor on textiles and end-of-waste legislation at the Public Waste Agency of Flanders (OVAM), Flanders’ central agency for sustainable waste and materials management, which issues resource declarations.

Improved Collaboration

In the first half of this year, Belgium held the presidency of the Council of the European Union. OVAM organized a day of workshops on waste legislation, including one on end-of-waste criteria. Representatives from many EU member states, the European Commission, and the European Chemical Industry Council (Cefic) attended. The outcome? “There are very few European end-of-waste criteria, few national end-of-waste criteria, and member states lack awareness of each other’s criteria,” Dujardin explains. “Harmonization between member states is also minimal. So, I asked: can we improve collaboration? Everyone present agreed.”

Mutual Recognition

Two key points emerged from the workshops. The first was the lack of mutual recognition of end-of-waste decisions made by EU member states. For instance, a decision made by the Dutch government on end-of-waste status is not recognized in Flanders and vice versa. “Why is that? We don’t know each other’s procedures and lack insight into the quality of each other’s decisions,” says Dujardin.

The second point: better collaboration between member states would be much more efficient for businesses. Companies would only need to prove once that their material is a resource and not waste. If the European Commission set uniform rules, it would become much quicker to achieve end-of-waste status across Europe, eliminating the need for each country to reinvent the wheel.

Moving Forward

The recommendation to the European Commission was clear: ensure mutual recognition of member states' decisions. This could be done by using a standardized questionnaire in each country for companies to demonstrate end-of-waste status. There should also be a clear EU-wide overview of European and national end-of-waste criteria. The EU could establish a dedicated platform for this purpose. The workshop results were discussed in a European Commission meeting on waste legislation, with representatives from all EU member states present. “It seems that many countries are interested in more collaboration. The Commission also realizes that end-of-waste criteria are a crucial tool. For example, the Joint Research Centre (JRC) is currently investigating end-of-waste criteria for various waste streams, including plastic recyclates. Now, it’s a matter of working out the details to make meaningful progress,” says Dujardin.

Self-Assessment

Thanks to OVAM’s initiative, countries without a self-assessment system could adopt Flanders' questionnaire. When determining whether something is waste, OVAM first refers to the European Waste Framework Directive, which outlines general criteria. Each EU member state interprets these rules in its own way. In Belgium, waste policy is a regional matter, with Wallonia, Brussels, and Flanders each having their own criteria. Flanders has opted for a two-part system. In option one, companies can choose self-assessment. Using a website guide and answering questions, they can document whether something is waste or a resource.

The document remains with the company and is checked during inspections. “The advantage is that, in many cases, it’s fairly reliable and very clear if something is waste or not. We see no need to submit a full dossier to us for this,” Dujardin says.

Resource Declaration

Companies uncertain about whether something is waste and who want more legal certainty can opt for the second option: applying for a resource declaration through the online portal. All submitted information is reviewed by OVAM, which either approves or denies it. This declaration, a five-page document, also stays with the company, with a summary published. “The advantage is that OVAM reviews it, but it takes longer: 60 days. And if the production process or material composition changes significantly, you have to start again,” explains Dujardin.

Supporting Companies

OVAM has already issued resource declarations for several Flemish plastic recycling companies. Given the current market pressure from cheap imported new plastic from China and the US, OVAM aims to be supportive of recycling companies. Dujardin is open to online queries, emails, attends events multiple times a year, and, when needed, even visits companies to provide advice. “It takes time, but I believe it’s important to support Flemish companies as much as possible,” he says.

Proof Required

Some companies find end-of-waste legislation unnecessary. “They argue that it’s obvious their material isn’t waste anymore. We have a different opinion. You still need to prove it,” he says. For example, Flemish company RAFF Plastics couldn’t simply market plastic waste from refrigerators supplied by Dutch company Renewi as a resource. This material needs further processing and cleaning before being sold as recycled plastic. “So, it’s not yet ready for use and therefore isn’t end-of-waste,” Dujardin explains.

Expertise Needed

Experts say this two-part system works faster and more efficiently than in the Netherlands. Dujardin can’t fully judge, as he’s not entirely familiar with the Dutch situation. However, he knows that assessing end-of-waste status requires expertise. “It’s not a simple matter. It’s risky if it’s just a side task for someone who doesn’t handle it often. At OVAM, we have experts with the necessary knowledge who understand all situations. When OVAM issues a resource declaration, we are confident that it’s 100% a resource,” he says.

About this Series

The Dutch platform Green Chemistry New Economy (GCNE) aims for a circular chemistry industry by 2050, with innovative technologies, without fossil fuels and resources, and without CO2 emissions. Plastic recycling plays a significant role. However, recyclate is too often considered waste. In the Netherlands, recycling companies must register with one or more of the 28 environmental services to obtain end-of-waste status. Meanwhile, the Inspectorate of Environment and Transport (ILT) conducts inspections. In Flanders, there is only one agency, OVAM, that issues resource declarations.

According to GCNE, a paradigm shift is needed: assume everything is a resource until self-assessment proves it to be waste. A uniform EU-wide approach should be based on international ISO standards. Each country should have a single resource declaration agency.

This is the third and final article in this series.

The first article on RAFF Plastics can be read here.

The second article on Renewi can be read here.

The next steps will also be covered at the network event Transition to Circularity, co-hosted by GCNE with Circular Plastics NL and Biobased Circular. For more information on this event on November 7, click here.

This article was originally published in Change Inc., written by André Oerlemans.