|
Investors setting up a business in Flanders need to obtain the necessary permits and ensure compliance with environmental law.
Environmental regulation in Belgium is primarily the responsibility of each region, although the Federal Government does retain authority over certain areas such as product standards, waste shipments, protection of the marine environment and ionizing radiation.
It is important to know that the Flemish Regional Government and the Belgian Federal Government must comply with EU regulations and standards on this subject.
This section provides a general outline of regulations in the Flemish Region including environmental permits, building permits, soil remediation and the disposal of packaging waste.
Environmental Permits
What activities require environmental permits?
A permit is required for a number of specified activities.
There is a distinction depending on how the activity affects the environment.
- Category I
This category includes truly hazardous activities such as the production of pesticides. For these activities you must obtain a permit from the provincial authorities. After an approval procedure involving advice from several specialist governmental agencies, the municipal authorities of the operation site will decide if, and under what conditions, the permit can be authorized. The approval procedure does involve a prior investigation of the environmental effects of the activity.
- Category II
This category includes activities that are deemed more harmful to the environment. For these activities a permit must be obtained prior to the start of operations.
The approval procedure is similar to that for category I activities.
Example:
-
Abattoirs and privately-owned slaughterhouses for poultry and rabbits that can handle 100 to 1,000 animals a day.
-
Storage facilities for liquids with a flash point above 100°C, except those meant for seaport areas and ports, with a holding capacity of over 50,000 litres up to 5,000,000 litres.
- Category III
This category includes activities deemed to have "limited" effects on the environment. Such activities require only prior notification to the municipal authorities of the site where the activities will be carried out.
Example:
-
Storage facilities for textile goods with a capacity of over 10 tonnes.
-
Storage facilities for liquids with a flash point above 100°C, except those meant for seaport areas and ports, with a holding capacity of over 200 litres up to 50,000 litres.
What is the approval procedure?
The approval procedure contains an assessment of the potential impact on the environment such as noise, air and water pollution, waste disposal and prevention of major accidents.
Strict time limits are set for the different steps of the approval procedure. A similar or simplified procedure must be followed should you wish to change already permitted activities.
Obtaining Environmental Permits
- Category I
What is a Category I environmental permit?
A Category I permit determines:
-
The specific operating conditions;
-
The period of validity (up to 20 years);
-
The period of time in which the activities will be started (maximum of three years).
How is the permit obtained?
Obtaining a Category I permit involves the following seven stages:
The applicant files a request for an environmental permit with the provincial authorities.
Important: For certain listed categories of activities the request needs to be accompanied by an environ-mental
impact assessment or a "safety report", which can take at least two months.
The applicant receives notification that the request is accepted and complete.
Note: This notification starts the approval procedure.
The provincial authorities decide whether the permit is granted.
The absence of a decision within the required time limit equals a negative decision.
Important: An extension of two months is possible.
- Category II
What is a Category II environmental permit?
A Category II permit determines:
-
The specific operating conditions;
-
The period of validity (up to 20 years);
-
The period of time in which the activities will be started (maximum of three years).
How is the permit obtained?
Obtaining a Category II permit involves the following seven stages:
The applicant files a request for an environmental permit with the municipal authorities.
The applicant receives notification that the request is accepted and complete.
Note: This notification starts the approval procedure.
The provincial authorities decide whether the permit is granted.
The absence of a decision within the required time limit equals a negative decision.
Important: An extension of one and a half months is possible.
The decision is published.
All interested parties can file an appeal with the provincial authorities.
- Category III
This procedure is limited to notification of the intended activities to the municipal authorities prior to the start of the activities.
Where can the operating conditions be found?
The operating conditions can be found at http://www.emis.vito.be/wet_ENG_navigator/vlarem2.htm
Building Permits
What is a building permit and when is it needed?
Most construction, reconstruction, demolition and renovation works relating to buildings require a building permit. This is also true for building parking lots or cutting down trees. Minor changes to existing buildings and minor construction projects are generally exempt.
If the proposed activity also requires an environmental permit, or the reporting of it, the validity of the building permit will be suspended until an environmental permit has been obtained or the activity has been reported. The opposite is also true.
The official name of a building permit in Dutch is "stedenbouwkundige vergunning", but it is also known as a "bouwvergunning". You must apply for the building permit at the city or town hall of your investment location. Because this is a rather complex matter, the application will best be compiled by the architect.
What is the procedure for obtaining a building permit?
1. At city/town level:
-
You get an immediate written reply at the office window if you hand over your application at the city or town hall. For applications submitted by recorded delivery, you will be sent an acknowledgement 5 days after its receipt.
-
If necessary, a public enquiry will be held, as well as the gathering of advice from other public authorities.
-
The mayor and aldermen will consider the request and decide within 75 days. Appeals can be lodged against the judgment with the Provincial Council of Deputies (bestendige deputatie).
-
A reply must be issued within 75 days after the application, or a maximum of 105 days if a public enquiry is necessary.
2. At provincial level (appeal level):
-
Within 30 days after receiving the judgment you have the right to lodge an appeal with the Provincial Council of Deputies (bestendige deputatie), after which you will receive a reply within 60 days (75 days if a hearing is needed).
-
If the license is approved and the Flemish Government does not suspend it within 20 days, the license can be used.
-
If there is no answer within 75 days then the city decision remains valid, or there is the possibility of a reminder by the applicant. If there is no answer to the reminder within 35 days then the license is approved, providing there is no suspension by the Flemish Government within 20 days.
3. At the Flanders Regional level (control level):
-
If the suspension is not honored you can lodge an appeal with the Flanders Region Government, Koning Albert II laan 19 bus 10, 1210 Brussel. The Minister will reply within 60 days (75 days if a hearing is needed).
-
The suspension must be confirmed by the Government of Flanders within 40 days of the announcement of the suspension.
-
If there is no answer from the Flemish Government after 40 days the license can be used.
Assistance
1. The Urban Development Statement 1 (stedenbouwkundig uittreksel):
-
This provides information on the planning and license status/history of the plot of land.
-
To obtain it, apply at the City/Town Hall of the investment location.
-
In cases involving the sale of land/building this is provided by the notary to the buyer. In other cases it is not compulsory but is highly recommended.
2. Urban Development Statement 2:
-
Provides advice about the possibility of receiving a building permit.
-
To obtain it, apply at the City/Town Hall of the investment location.
-
A positive answer is valid for a period of six months.
-
Useful in saving unnecessary costs involved in the application for a building permit.
It is not compulsory but is highly recommended.
Soil Remediation
What are the regulations relating to polluted soil?
The Flemish Government ratified a Soil Remediation Decree in 1995 which regulates both "historical" (before the decree) and "new" (after the decree) soil pollution. Soil is defined as soil and groundwater. The decree ensures that potential purchasers of land and other interested parties can obtain information on soil quality.
The decree has five key issues:
-
An inventory of contaminated land;
-
The difference between historical and new soil contamination;
-
The difference between duty and liability for remediation;
-
The soil remediation procedure;
-
The transfer of land.
When should the soil be cleaned?
If the soil does not meet certain environmental standards, determined by the use of the site, "new" pollution (pollution that occurred after October 29 1995) must be cleaned up. The purpose of the clean up is to achieve a "standard" soil quality. This particular soil quality is determined through the comparison of polluted soil with unpolluted soil with similar characteristics.
"Historical" pollution (pollution that occurred before October 29 1995) must be cleaned up if it poses a serious threat to humans, vegetation, animals and/or drinking water resources. The Flemish Public Waste Authority (OVAM) orders the clean up.
The law does not express a general preference regarding clean-up methods. There are a variety of techniques ranging from isolation to removal and the costs vary widely. Any clean-up should be carried out using the Best Available Technology Not Entailing Excessive Costs (BATNEEC-principle).
Who is responsible for the clean-up?
The user/operator and/or site owner must carry out the clean-up and bear all the costs, even if that person did not actually pollute the site. If the owner or user can prove that a third party polluted the site, there is a right of recourse against that third party.
What is the procedure for soil remediation?
This procedure consists of five different phases:
-
Exploratory investigation of the soil;
-
Description of the soil examination in order to establish the seriousness of the pollution;
-
Soil remediation plans - determining the method for carrying out the remediation;
-
Soil remediation operations;
-
After-care carried out under the direction of a soil remediation expert.
What is the register of polluted soils?
This inventory is a database containing information with respect to properties. It is also an instrument for the protection of potential buyers of polluted soils.
What happens if property ownership is transferred?
In the event of a property transfer of real estate, the seller must obtain a soil certificate from OVAM. If the site is considered a "risk site" the following events precede the issue of the certificate:
-
Stage 1 o An expert will conduct a soil examination on behalf of, and at the expense of, the seller.
-
Stage 2 o If the examination indicates that the soil pollution exceeds the standards, the seller will have
to clean up the soil before the transfer.
The certificate is an extract of the register for a specified piece of property.
It provides information concerning:
-
The identity of the owner;
-
The presence in the register;
-
Existing investigations or soil remediation plans;
-
The origin of the soil pollution (historical or new);
-
The seriousness of the pollution;
-
The presence of a clean-up obligation.
What is OVAM?
OVAM is the competent authority for soil remediation.
Packaging Waste
What are the requirements regarding packaging waste?
A take-back obligation was introduced in 1997. This requirement stipulates that certain percentages of packaging waste must be recycled and recovered. (Recovery = recycling + energy recovery.)
Can recovery and recycling be delegated?
The company can either take back and recover/recycle its own packaging (in most cases with the help of a licensed waste treatment company), or it can delegate this to accredited organizations:
The principal advantage in delegating this obligation is that the accredited organization is more likely to meet the recycling and re-use quota than an individual company (largely because of economies of scale).
What happens if a company fails to meet its obligations?
If a company fails to meet the legal recovery quota it can be punished by law (imprisonment and fines).
Where can more information be found?
More information concerning packaging waste can be found at www.ivcie.be and at www.ovam.be. The sites of the accredited organizations are also interesting: www.fostplus.be and www.valipac.be.
|
