Do you sell products to Belgian customers? Then you may be subject to EPR obligations, also known as Extended Producer Responsibility. EPR is a broad policy principle covering various product categories, from electronics to batteries and textiles. This article focuses specifically on the EPR rules for packaging.
As a business owner, you are responsible for the collection and recycling of the packaging in which your products arrive at the customer. Each EU member state has translated this principle into its own legislation, meaning the rules can differ significantly from country to country.
Why is Belgium different from the Netherlands?
In the Netherlands, an EPR registration obligation for packaging only applies from 50,000 kilograms per year. For most smaller and medium-sized webshops, that threshold is out of reach, meaning they have no reporting obligation in the Netherlands.
In Belgium, that threshold is much lower: 300 kilograms per year. That is quite a difference. A webshop that regularly ships to Belgian consumers will quickly reach that limit.
In addition, Belgium has a unique system that exists in no other European country: a separate EPR scheme for household packaging and for commercial packaging. In the Netherlands and most other countries, this distinction is not made so strictly.
When do you need an EPR registration in Belgium?
You are required to register in Belgium when you place more than 300 kilograms of single-use packaging on the Belgian market per year. This also applies if you are based outside Belgium but sell to Belgian consumers, for example via Amazon or Bol.
Do you place less than 300 kg of packaging on the Belgian market? Then only an information obligation applies: you must report annually to the Interregional Packaging Commission (IVC) on the quantity and type of packaging.
How does the Belgian EPR system work?
Belgium operates with two separate organisations:
- Fost Plus – for household packaging (packaging that arrives at consumers' homes)
- Valipac – for commercial packaging (packaging that ends up at a business or professional user)
As an e-commerce entrepreneur selling to consumers, you are in most cases required to become a member of Fost Plus. Do you also sell to businesses? Then you may also need a Valipac registration.
How do you arrange an EPR registration in Belgium?
First, check how much packaging material you send to Belgian customers annually, in kilograms. Then determine whether it concerns household or commercial packaging, or both.
Register with Fost Plus (for household packaging) and/or Valipac (for commercial packaging). Subsequently, submit an annual declaration before 28 February regarding the packaging you placed on the Belgian market in the previous year. Finally, pay the contribution based on the weight and type of packaging material.
What are the risks if you do nothing?
The maximum fine in Belgium for non-compliance with EPR rules amounts to 2,000,000 euros. In addition, you risk being prohibited from selling products on the Belgian market. Platforms such as Amazon are increasingly checking whether sellers hold the correct EPR registrations.
Need help with your EPR registration in Belgium?
EPR registrations can be complex, especially if you sell in multiple European countries. Are you unsure whether you are subject to EPR obligations in Belgium? Feel free to contact our team.
