Implementing the Duty of Acceptance in Flemish Waste Policy

Abstract

In this paper, we focus on the implementation process of environmental voluntary agreements based on a Flemish case study concerning the introduction of the duty of acceptance in Flemish waste policy. At the moment, the duty applies for paper, batteries, vehicles, tyres and electrical and electronic equipment. Producers are obliged to set up free of charge take-back collection systems for the disposal of their products in the post-consumption phase. As such, market failure is corrected by internalising social costs into private ones, respecting the polluter pays principle. For the practical execution of the basic rules laid down in the legal framework, environmental voluntary agreements are concluded with sector associations. The use of environmental voluntary agreements allows producers to fulfil their individual obligations resulting from the duty of acceptance in a collaborative sector-based approach. This entails several operational advantages and allows setting up efficient collection and disposal networks taking into account the specific characteristics of each waste product rather than implementing a uniform system. The paper investigates how the agreements have been negotiated and implemented paying particular attention to the relationship between the underlying environmental legislation and the voluntary character of the agreements. The agreements clearly have a support function aiming to implement existing legislation in the most efficient way. Next to the conclusion, the management of these agreements is discussed. It appears that the policy process entails much more than just fixing overall collection and recycling targets, but should be regarded as an on-going process with evaluations and consultations with all stakeholders. In this regard, the importance of alternative instruments in case of non-compliance to the agreement and back-up policies to create market opportunities for recycled materials is stressed.