BELGIUM: PACKAGING AND PACKAGING WASTE The following notification is being circulated in accordance with Article 10.6. G/TBT/Notif. 96.225. 1. Member to Agreement notifying: BELGIUM. If applicable, name of local government involved (Articles 3.2 and 7.2): Belgium. 2. Agency responsible: Openbare Vlaamse Afvalstoffenmaatschappij, Kan. De Deckerstraat 22/26, 2800 MECHELEN, Tel. 015/20.83.20, Fax 015/20.32.75 (ir. De Boeck). Office regional wallon des dechets, Avenue Prince de Liege 15, 5100 NAMUR, Tel. 081/32.58.51, Fax 081/32.57.75 (ir. Fontaine). Institut bruxellois pour la gestion de l/environnement, Gulledelle 100, 1200 Brussels, Tel. 02/775.75.11, Fax 02/775.76.11 (M. Hannequart). 3. Notified under Article 2.9.2. 4. Products covered (HS or CCCN where applicable, otherwise national tariff heading. ICS numbers may be provided in addition, where applicable): Packaging and packaging waste. 5. Title, number of pages and language(s) of the notified document: Cooperation Agreement between the Flemish, Walloon and Brussels Regions concerning the Prevention and Management of Packaging Waste. 6. Description of content: The proposed regulations are based on the definition of two key terms: ``party responsible for the packaging'' and ``take-back obligation''. The party responsible for the packaging is considered to be the Belgian packager or, failing that, the Belgian importer of the packaged goods. He must take back the packaging or set up a collection system that enables him to achieve specified recycling and reclamation rates every year. This obligation can be fulfilled individually or through an organization which must be duly approved by the authorities. The regulations provide for a procedure for approving these organizations, as well as a number of mechanisms for monitoring them. The party responsible for the packaging also has a duty to inform. This should make it possible to verify that the system set up meets the objectives of the Agreement and, in addition, to measure the development of the use of packaging. Moreover, consumers must be informed of all the collection systems available to them and any additional charges they may have to pay. As regards prevention, the party responsible for the packaging must draw up a general prevention plan containing a series of elements defined in the Agreement. However, the Regions are not competent to apply standards relating to the composition and re-use of packaging. Fulfilment of the obligations imposed by the regulations is ensured by a system of administrative fines and legal penalties. 7. Objective and rationale: The definition of the party responsible for the packaging is based on the application of the ``polluter pays'' principle: the proposed regulations oblige the person who has put together the product and the packaging or, failing that, the importer of the goods to bear the cost of the end management of the packaging chosen. However, it is unlikely that all those responsible for packaging could set up their own management system. Those who cannot are therefore allowed to join an organization which collects and recycles, on a progressive scale, the packaging stream for which it has been approved. The conditions of approval ensure that that those contracting with the organization receive equal treatment. Making the packager responsible will enable the Belgian authorities to monitor the achievement of their recycling and reclamation objectives more effectively. 8. Relevant document: N/A. 9. Proposed date of adoption - Proposed date of entry into force: 60 days. 10. Final date for comments: N/A. 11. Texts available from: National enquiry point (X) or address and telefax number of other body: CIBELNOR. (214)

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