Belgium

International Treaties

Sustainable Development

Environmental Law

Case Studies

Corruption Perceptions Index

Environmental Crime Legal Framework in Belgium

Article 23 of the Belgian Constitution contains provisions for the right to lead a life in keeping with human dignity, which, inter alia, includes the right to protection of a sound environment.

The Constitution organizes the country on a federal basis, sharing environmental governance between the federal state and three regions: the Flemish, Walloon and Brussels Metropolitan regions.

Featured Legislation

Walloon region

1996: The Walloon Regional Statute on waste was passed, governing the production and transportation of waste.

1999: The Walloon regional statute on environmental permits was introduced, regulating the production of energy; the handling of radioactive substances; and the handling or production of foodstuffs or medicines.

2004: The Walloon environmental code was created, enforcing environmental liability with regard to the prevention and remedying of environmental damage and to the Regulation 1013/2006 on shipments of waste.

2018: Walloon regional statute on the management and remediation of soils was enacted, overseeing new soil clean-up programs; the management of contaminated land; and soil remediation threshold standards.

The Brussels Metropolitan region

1997: The Brussels Regional Statute on the environmental permit was signed, regulating the production of energy; the handling of radioactive substances; and the handling or production of foodstuffs or medicines.

2009: The Brussels Regional Statute on the management and remediation of soils was introduced, overseeing new soil clean-up programs; the management of contaminated land; and soil remediation threshold standards.

2012: The Brussels Regional Statute on waste came into force, governing the production and transportation of waste.

2013: Belgium’s National Biodiversity Strategy was drafted. The Belgium Biodiversity 2020, Update of Belgium’s National Strategy (Strategy) – developed in line with the Convention on Biological Diversity (CBD) – is Belgium’s principal instrument to support the mainstreaming of biodiversity. The Strategy is an eight-year national multi-sectoral strategy with national coverage and an update of the first version covering 2006-2016. The update seeks to contribute to the EU Biodiversity Strategy by 2020. The Strategy is the Belgian answer to the formal obligation under the CBD and also takes the other commitments made at European and international level into account. It offers a framework for policy- making and further development of actions. It aims at giving strategic political orientations in order to allow actors for biodiversity in Belgium to work in partnership to contribute nationally and internationally towards the achievement of the target of halting the loss of biodiversity by 2020.

2013: The Brussels code on the management of air, climate and energy was signed. The code aims to:

Minimise energy needs and energy dependence
Use energy from renewable sources and promote rational use of energy (RUE)
Improve the energy performance of buildings
Reduce the environmental impacts of mobility needs
Evaluate and improve air quality
Reduce the emission of atmospheric pollutants

The Flemish region

1995: The Flemish Regional Statute was instituted, containing general provisions on environmental policy.

2006: The Soil Sanitation and Protection Decree was established.

2011: The Flemish Regional Statute the sustainable management of materials’ cycles and waste Decree was passed.

2014: The Flemish Regional Statute on the environmental permit was passed, regulating the production of energy; the handling of radioactive substances; and the handling or production of foodstuffs or medicines.

2021: Commission Regulation 2021/411 establishing a fisheries closure for cod in area 7a for vessels flying the flag of Belgium was tabled. This Regulation prohibits the search for fish, shoot, set or haul fishing gear for the purpose of fishing cod by vessels flying the flag of or registered in Belgium in area 7a. Transshipping, retaining on board, processing on board, transferring, caging, fattening and landing of fish and fishery products from that stock caught by those vessels shall remain authorized for catches taken prior to the date specified in the Annex to this Regulation. Unintended catches of species from that stock by those vessels shall be brought and retained on board the fishing vessels, recorded, landed and counted against quotas in accordance with Article 15 of Regulation (EU) No 1380/2013.

Featured Case Studies: Transnational Environmental Crime, Human Security, and Biosecurity

The Belgian federal judicial police has launched a specialized unit that will record the smuggling of wildlife; launch surveillance operations on the circulation of pesticides or waste; and increase the monitoring of parallel markets on the web. Referred to as Fuphec (Federal Unit Public Health & Environment Crime), the new unit aims to exercise a more effective and coordinated approach to curbing transnational environmental crime. Between July and September 2019: More than 100 suspicious posts relating to the illegal sale of iconic and endangered species of birds and reptiles were detected, calling upon more sophisticated technological solutions to such crimes. New software, for example, can aid with monitoring and detecting wildlife cybercrime, creating a more systematic effort to detection and prevention.
A 2018: Study entitled “Wildlife trade in Belgium: An analysis of CITES trade and seizure data” identifies Belgium as the top EU importer of reptile commodities within the EU. Reptile meat is a highly coveted commodity with Belgiumi mporting 787,251 kg of Nile Crocodile Crocodylus niloticus meat. The meat was imported from Zimbabwe, but it is unclear if it was consumed in Belgium or exported to other countries in the European Union

References and Further Reading

Contacts

Ministry of Justice and Enforcement, Environment, Energy and Tourism: kabinet.demir@vlaanderen.be