Waste shipment identification form: mandatory digital since Jan. 1, 2023
SOURCE: BOUWUNIE | 06/09/2023
Transitional regulation digitizing identification form expires 01/01/2024
Since January 1, 2023, it is mandatory to use a digital identification form for waste shipments, delivered by a system approved by OVAM. As of Jan. 1, 2024, the transitional arrangement in which paper forms can still be used expires. So make sure you join a service provider that offers a digital platform as soon as possible.
There are currently (Oct. 23, 2023) 8 approved service providers on the market. You can find their details here.
When are digital identification forms required?
All shipments of waste not covered by the exceptions listed in Vlarema Article 6.1.1.2 §1 must always be accompanied by an identification form, and from January 1, 2023, by a digital identification form delivered by a system approved by OVAM.
Nothing has changed about the exceptions in Vlarema. If you fall under this, you do not have to prepare an identification form now or use a digital identification form in the future.
You do need to check carefully whether you are justified in using an exception.
Which of the 10 exceptions from Vlarema Article 6.1.1.2 §1 apply to the construction industry?
These exceptions are not relevant to the construction sector: 1°, 2°, 8°, 10°. However, the following exceptions may be relevant to the construction industry.
3° the self-employed or small entrepreneur, who is not a waste processor, with fewer than ten employees, who brings the waste of which he is the producer to waste collection points
Enterprises with fewer than 10 employees that are not themselves waste handlers (e.g., crushers) may take advantage of this exception. The 10-employee limit applies to the entire company and not just to personnel performing construction work. As soon as the company employs more workers, it cannot use this exception, except for some cases where they can use the exception 5 "voluntary take-back" or exception 4 "maintenance services" (see later in this text).
For this exception, there is no limit on the amount of material disposed of.
Example: An SME construction company with fewer than 10 employees, or an independent contractor, performs the following works that generate waste:
- breaking up and resurfacing a driveway
- demolish a rear building
- knock down a wall
- breaking up floor tiles and screed
- break out windows and replace with new windows
- replacement or repair works e.g. new central heating boiler or replacement of sewage pipes
These SME companies do not need an identification form for transporting the debris from these demolition works and for construction waste in general that arises during the execution of these (renovation) works such as, e.g., empty cement bags, wood residues, cardboard, cutting remnants of floor covering, bitumen, empty PUR spray cans, empty paint buckets, etc., if they themselves take this to a landfill or their own site with their own camion(ette) or trailer.
4° the waste producer of waste generated from maintenance services provided to third parties, who brings the waste to his premises or to a treatment facility
This exception also applies to some companies in the construction industry.
Repairs and/or minor renovations can also fall under this, although it is difficult to formulate a clear boundary here as to what size of renovation still falls under maintenance services. This will depend in part on the supervisor's assessment.
OVAM indicates that this should be limited to 1 cubic meter of construction waste anyway.
In fact, this exception is mainly for: chimney sweepers, maintenance of combustion plants, maintenance of sanitary facilities, cleaning activities
5° the supplier of goods who, in the context of the take-back obligation, of the acceptance obligation or of voluntary take-back, on the occasion of a delivery of goods, brings empty packaging or discarded goods to his business premises or to a collection point for discarded goods
This exception is important for companies in the construction industry because voluntary take-back can be interpreted broadly.
Some examples:
- Installer of joinery or glassware takes away old windows, windows or doors after delivery and installation of new products;
- Roofing contractor removes old shingles and roof timbers after delivery and/or installation of new products;
- Installing a new gas boiler taking the old boiler and packaging with it;
- The replacement of lighting fixtures and/or lamps
- For this exception, there is no size limitation.
6° the holder of waste who, within the framework of the take-back obligation, the acceptance obligation or a voluntary take-back, returns the waste to his supplier of similar goods
This exception could be used in a limited number of cases in the construction industry.
This could apply, for example, if manufacturers of building materials, together with the sellers of building materials, were to set up a system of voluntary collection to return the products at the end of their lives for recycling. For example, insulation materials, ...
7° the recycling center or EEE reuse center that transports the collected waste EEE, which has undergone visual pre-selection for reusability, to an EEE reuse center for preparation for reuse
In principle, this is not directly relevant to the construction industry. Unless materials banks are licensed like recycling centers, they do not enjoy this exemption. If collection or deposit at the materials banks is arranged and a visual inspection is made to determine whether the materials are reusable, such an exemption from identification form could become possible. A framework will then first have to be created in VLAREMA.
9° the collector, waste dealer or broker who brings non-hazardous waste from a recycling park to a waste collection point or to a processing facility
This exception is not relevant to the construction industry, unless a company would carry out the disposal of non-hazardous construction and demolition waste from a recycling yard.
Is temporary storage on your own premises for the purpose of regular disposal also a waste collection or treatment site?
Should an identification form be drawn up for taking waste that one has produced oneself to one's own "temporary storage with a view to organized regular disposal"? OVAM is of the opinion that the exceptions to the identification form are only possible if the waste shipments fall under the listed exceptions in Article 6.1.1.2 §1 (see above).
If these exceptions refer to a collection site or processing site, the following exceptions to the permit requirement may be taken into account.
The activities listed below that are exempt from permit requirements under section 2 do count as treatment sites or collection points as listed in the exemptions.
- the preliminary storage and sorting of waste at their place of production, if the storage and sorting are done as a function of organized regular removal of the waste. If the producer of the waste conducts its normal business activity at external locations, for the purposes of this provision, the producer's place of operation or place of business shall be considered the place where the waste was produced;
- the preliminary storage and sorting of waste in the context of the duty of acceptance, the take-back obligation or the voluntary take-back of empty packaging or discarded goods, at the final seller, intermediary dealer, producer or importer of the goods if the storage and sorting are carried out as a function of an organized regular disposal of the waste; this also applies to whoever is responsible for the delivery of the goods on behalf of the final seller, intermediary dealer, producer or importer.
Find more information on transporting waste on the OVAM website.
Have this blog answered your questions, and would you like to learn more about the cost or spar with us about the right application for your business? Then contact us directly by phone 03 289 55 35 or click here to ask for more info or book a consultation.
Also read our other blogs on the construction industry:
- Mobility and relocation allowances
- Automatic time and attendance recording in construction
- Building success in 1-2-3 with digital apps
- Construction leave? Secure your construction equipment on site.
Share this All-Connects blog:
