Febelauto recently sent a letter (below) to online sales platforms active in Belgium, where used goods can be offered for sale, to inform them of the applicable legislation when selling used auto parts.
Whoever plays must play correctly
Febelauto has observed several times that used auto parts are offered by individuals on various online sales platforms. However, the law clearly stipulates that a vehicle to be dismantled in order to recover parts must be considered as ‘End-of-Life’, and this type of vehicle is also considered by law as “hazardous waste”. Therefore, their dismantling can only be carried out by centres approved for depollution, dismantling and destruction of ‘end-of-life vehicles’. Second-hand spare parts can consequently only be obtained from approved centres. Dismantling carried out outside approved centres does not comply with legislation and risks causing environmental pollution.
In addition, there is a suspicion of professional activity when the same individual regularly offers for sale spare parts from end-of-life vehicles. This could indicate illegal activity.
The regional environmental administrations (SPW Waste Department – Brussels Environment – Ovam) support this communication from Febelauto to online sales platforms active in Belgium.
Febelauto sent the following letter (translated via google translate):
Dear Sir/Madam,
On your online sales platform, you offer used spare parts for vehicles. Febelauto asbl would like to inform you that this type of sale is linked to respect legal obligations in Belgium, which may lead to penalties in the event of non-compliance.
Febelauto is the organisation which in Belgium manages the monitoring of end-of-life vehicles. As such, Febelauto’s role is to stimulate and coordinate the collection, treatment, and recycling of end-of-life vehicles in an environmentally responsible manner. To this end, Febelauto collaborates with treatment centres approved by public authorities. The dismantling of auto parts is part of this process.
According to the legislation in force, a vehicle to be dismantled to recover parts must be considered as ‘out of order’. This type of vehicle is also considered by law as hazardous waste. Therefore, their dismantling can only be carried out by approved centres for depollution, dismantling and destruction of ‘end-of-life vehicles’.
The legislation provides very few exceptions. Used spare parts cannot, therefore, only be obtained from approved centres. Compliance with the law thus allows avoiding any ecological pollution.
We have found that used spare parts are offered by individuals via your sales platform. In all likelihood, these spare parts do not come from approved centres (and do not meet legal exceptions) since they come from individuals.
Approved centres can only carry out the dismantling of vehicles, and only these centres are authorised to receive vehicles outside of use. Dismantling carried out outside approved centres do not comply with the legislation and may cause pollution.
Your role as an online sales platform is to organise yourself so that second-hand spare parts can only come from approved centres. The website www.febelauto.be provides an up-to-date list of approved centres authorised to dismantle and offer for sale spare parts from end-of-life vehicles.
The companies or people not on this list do not have the authorisation, and therefore cannot sell used parts on your online platform. Otherwise, it would be illegal trading activity.
Febelauto recommends that you check the origin of the used parts offered on your platform, and if necessary, to take steps to ensure that business operations carried out via your platform comply with Belgian legislation on end-of-life vehicles. We are convinced that your business objective is to exclude any illegal activity on your sales platform.
Could you please tell us about your commitment in this regard and your willingness to adapt your procedures to prevent any illegal activity on your online sales platform? We are at your disposal to provide you with additional information or for an interview.
Contact details are listed below.
Information on current legislation is available:
– For the Flemish Region, on the OVAM website, https://www.ovam.be/regelgeving-afgedankte-voertuigen-of-voertuigwrakken
− For the Brussels-Capital Region, on the website of Bruxelles Environnement, https://environnement.brussels
− For the Walloon Region, on the site, http://environnement.wallonie.be
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- Order of 23 September 2010 establishing an obligation to take back certain waste (MB November 9, 2010, http://environnement.wallonie.be/legis/dechets/decat027.htm
- Order of February 27, 2003, determining the sectoral conditions […] of installations for grouping, sorting or recovering parts from end-of-life vehicles, dismantling and depollution centres end-of-life vehicles and destruction centres for out-of-service vehicles of use […] (MB March 14, 2003) – http://environnement.wallonie.be/legis/pe/pesectdec002.htm).
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We hope to be able to count on your full cooperation.
Best regards,
Catherine Lenaerts Griet Van Kelecom
Febelauto Director Febelauto Project Manager
About Febelauto
The non-profit association Febelauto was founded in 1999 by various professional federations active in the automotive sector. As a management body for end-of-life vehicles in Belgium, Febelauto stimulates and coordinates the collection, treatment and recycling of end-of-life vehicles. It does this by, among other things, closely monitoring the environmentally friendly treatment of end-of-life vehicles by authorised treatment facilities and shredder installations.
Febelauto collects all relevant data and reports these to its members and authorities. The not-for-profit organisation also manages consultations between various interest groups and the three regions. Finally, it is also the task of Febelauto to inform authorised treatment facilities, recycling operators, authorities, private and professional last owners about all aspects of the collection and processing process.
Since 2015, Febelauto has also been developing sustainable solutions for the batteries of electric and hybrid vehicles. In doing so, Febelauto strives for a maximum lifespan for these batteries via second-life solutions and in the final phase for efficient and maximum recycling of the rare and precious materials that make up these batteries.
For more information, you can email Catherine at catherine.lenaerts@febelauto.be or visit www.febelauto.be
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