Operators of online marketplaces are subject to further inspection obligations: in the future, they will have to check whether their online sellers who offer electrical and electronic products for sale in Belgium are registered to do so. This obligation already applies in Germany, France, and now also in Belgium. So far, however, the legal basis for the inspection obligation has only been created in the Flanders region. It is to be expected that the other Belgian regions will also adapt their legislation in the near future.
The new obligation will take effect on 29 March 2025. The legal basis for this can be found in Article 41 of the Flemish Government Decree of 22 December 2023, which was published in the Official Journal at the end of March this year.
In the future, operators of online marketplaces will be obliged to inform the sellers of electrical and electronic equipment (EEE) on their marketplace about their EPR obligations for used EEE, batteries, and packaging in Flanders and to request proof of how the seller fulfils these obligations. The operator of the online marketplace must provide the Flemish Environment Agency OVAM with a list of all online sellers and their registration numbers every year, by March 1st at the latest.
Should it turn out that a non-registered online seller is offering its products via the marketplace, the marketplace operator must either prohibit the online seller from selling or assume its EPR obligations.
We are happy to support you in fulfilling your EPR obligations in Belgium.
