SECTION 1. SCOPE OF APPLICATION

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2 2 DECISION OF THE INTERREGIONAL PACKAGING COMMITTEE OF 15 DECEMBER 2011 FOR THE RECOGNITION OF THE NON-PROFIT ASSOCIATION VAL-I-PAC, KONINGIN ASTRIDLAAN 59 BOX 11, 1780 WEMMEL AS AN AGENCY FOR PACKAGING WASTE SECTION 1. SCOPE OF APPLICATION Article Val-I-Pac is being recognized as an agency as provided for in article 9 of the cooperation agreement of 4 November 2008 concerning the prevention and the management of packaging waste, subject to the conditions set out in this decision. 2. This recognition is granted in relation to the packaging waste of industrial origin, specifically: a) all packaging waste, except for the packaging waste originating from the packaging defined below, unless determined otherwise in the list approved by the Interregional Packaging Committee within the meaning of 4: 1) primary packaging of consumable products intended for the usual functioning of households, with a nominal volume or nominal weight of: 10 litres for liquid or paste products, 10 kg for solid or powder products, 50 litres or 50 kg for non-synthetic soil improving products for gardens, 7.5 litres for wooden fruit and vegetable crates, with the exception of the products included in the points 2) 6) and 7); 2) primary packaging of the products included in article 379bis, 1 of the ordinary law of 16 July 1993 finalising the federal state structure, book III, namely packaging containing industrial products intended for non-professional use with volumes not exceeding the thresholds defined in this article; 3) primary packaging of non-consumable products that are intended for the usual functioning of households and that are offered for sale individually; 4) primary packaging of less than 0.5 m³ of non-consumable products that are intended for the usual functioning of households and that are sold in lots; 5) secondary packaging of products intended for the usual functioning of households that have a maximum volume of 0.5 m³, which is designed to form a sales unit at the point of sale and that is sold as such to the end user or consumer and which contains or that has contained primary packaging as defined above in 1 to 4, being; 6) primary packaging of drinks with a volume of 20 litres; 7) primary packaging of adhesives within the meaning of 2) with a volume of 20 litres; 8) service packaging intended for household use; b) and that otherwise meets the following criteria: i) Containers are considered to be packaging if they comply with the above definition, regardless of any other functions that the packaging may also be able to perform, unless the container is

3 3 an integral part of a product and it is necessary during the service life to include, support or store that product and all the elements are intended to be used, consumed or removed as a unit. ii) Containers that are designed and intended to be filled at the point of sale and disposable parts that are sold filled or that are designed and intended to be filled at the point of sale, are considered to be packaging, provided they have a packaging function. iii) The components of the packaging and the elements belonging to the packaging are considered to be a part of the packaging in which they are processed. The elements that belong to the packaging that are hung or affixed to a product and that have a packaging function shall be considered to be packaging, unless they form an integral part of that product and all the elements are intended to be used or removed as a unit. 3. Val-I-Pac shall submit problematic cases to the Interregional Packaging Committee for the interpretation of 2 above. 4. In relation to the packaging responsibility Val-I-Pac shall compose a detailed list per product type that is based on the criteria set out above in 2. Any alterations to this list shall be submitted for approval to the Interregional Packaging Committee. The approved list shall be used by Val-I-Pac as the sole criteria for deciding whether the packaging should be included. When the approved list cannot be readily applied to a specific packaging, the criteria in 2 shall always be applied. The official version of the approved list is available from the Interregional Packaging Committee. Val-I-Pac shall provide a copy of the list to any of its members that request such. Art. 2. Recycling agency shall be understood to mean: the natural person or legal entity that is responsible for the preparatory recycling phase for packaging waste of industrial origin, which may give the material an added value that, from an economic perspective, implies that this initial phase is followed by other phases that ultimately result in a finished product. The recycling agency receives mono-flows that it processes into flows that meet specific quality requirements set by the purchasers.

4 4 SECTION 2. RECYCLING RATE Art. 3. Without prejudicing the decisions taken at European level, in relation to Directive 94/62/EC, the recycling rates as provided for in article 4, shall be calculated for the following materials: - paper/cardboard; - glass; - plastic; - metals; - drink cartons. For each of these materials the minimum recycling percentage stipulated in the cooperation agreement must be achieved. For calculating the recycling percentage the grouped packaging, other than drink cartons, shall account for most of the packaging material. In the reports to the European Commission the drink cartons shall be recorded separately and under the heading paper/carton. Art Val-I-Pac must adjust to the calculation modalities for the recycling rate, as established by the Interregional Packaging Committee. These modalities are described in 2 through Calculating the denominator of the recycling rate. The denominator of the recycling rate corresponds to the quantity of disposable packaging by weight that was marketed by the agencies responsible for packaging in respect of which they are affiliated to Val-I- Pac. 3. Calculating the quantities of packaging waste delivered for recycling or for useful application. 1 The following shall be taken into account for calculating the quantities of packaging waste of industrial origin that has been recycled or usefully applied: the weighed quantities of packaging waste of industrial origin of Belgian origin that is recycled or usefully applied by the operators that have concluded the prescribed standard contract as described in article 6 of this recognition. The following shall also be taken into account: - the quantity of typical industrial packaging waste such as, for example, IBCs, plastic and metal industrial drums, dunnage, industrial EPS and palettes collected at the civic amenity sites by the legal entities under public law that are responsible for collecting household waste within their area, insofar as this waste is paid for by Val-I-Pac based on a contract that complies with regional legislation and that is approved by the Interregional Packaging Committee; - the quantity of paper, carton packaging waste collected by the legal entities under public law that are responsible for collecting household waste within their area within the context of the regular selective collection of household waste that is clearly not of household origin, insofar as this waste is paid for by Val-I-Pac based on a contract that complies with regional legislation and that is approved by the Interregional Packaging Committee; this regards a contract concluded between either Val-I-Pac and the recognized agency for household packaging waste or Val-I-Pac and the legal entity under public law. 2 The quantity of packaging waste of industrial origin referred to in the first paragraph of 1 is determined based on statistical analyses conducted by an independent analysis agency, if necessary under the supervision of Val-I-Pac at each operator that has concluded the prescribed standard contract with Val-I- Pac. Towards the end of June 2012 Val-I-Pac shall submit an (adjusted) draft strategy for conducting the statistical analysis to the Interregional Packaging Committee for its approval. The fixed percentages proposed for packaging waste of industrial origin stated in the request for recognition for some mixed metal groups should be included in this draft strategy.

5 The modalities for conducting the statistical analysis, including the sampling procedure to be applied, shall be included in the draft contract that is submitted beforehand to the Interregional Packaging Committee for its approval. The independent analysis agency shall draw up a report on each statistical analysis conducted by it. This report should specifically include: - the date on which the analyses were started and the duration; - a list of the persons present during the analyses; - the coordinates of the operator being inspected; - the characteristics of the analysed sample and the sample method; - per material referred to in article 3: the tonnages of this material in this sample and the quantity of industrial packaging waste originating in Belgium territory, in which the quantities intended for recycling and useful application are distinguished; - an estimation of the margin of error in the results and the circumstances that these margins may have affected. This report shall be sent by the independent analysis agency to Val-I-Pac and to the Interregional Packaging Committee simultaneously. 3 In order to enable the Interregional Packaging Committee to fulfil its inspection commission under the cooperation agreement, Val-I-Pac shall inform the Interregional Packaging Committee at least two days beforehand of the location and date of the statistical analysis referred to in Calculating the recycled quantity of packaging waste. The recycled quantity of packaging waste (Q N,i ) is calculated at the start of the recycling process. The quantity of recycled packaging material (i) is established by multiplying at the start of the recycling process the quantity of collected and sorted packaging waste (Q D,i ) by the purity of the packaging waste (1 - X i ) and by the fixed recycling yield (η* P,i ). 5 Q N,i = Q D,i. (1 - X i ). η* P,i with: Q N,i quantity of recycled packaging waste from the material (i). Q D,i X i quantity of packaging waste from the material (i) that is collected and sorted and that is entered into the recycling process and assessed in conformity with article 4, a) of the current recognition. percentage of impurities present in the collected and sorted packaging waste from the material (i). Impurities in packaging waste shall be understood to mean any material that is different from the packaging material (i) as it is marketed and included in the denominator of the recycling targets of the material (i). In other words the concept impurity refers to all contaminants (residual content, stains, moisture,...) other than the packaging material on the one hand and on the other hand the packaging materials that differ from the packaging material (i) (E.g.: tops, labels,... found amongst a waste lot of PET bottles). Va-I-Pac shall provide to the Interregional Packaging Committee any information that can reasonably be expected to be available regarding the percentage of impurities. The Interregional Packaging Committee shall, after deliberations in the follow-up committee, determine which details should be submitted in practice. η* P,i flat rate recycling yield due to loss of packaging materials (i) during the course of the recycling process.

6 6 This yield depends on the nature of the packaging material (i) and the kind of recycling process. If there is not sufficient information at hand about the results of the recycling process this yield shall be a flat rate amount equal to the yield from the recycling process that technically produces the lowest results. Without prejudicing the decisions taken at European level in relation to Directive 94/62/EC, the formula (1 - X i ). η* P,i shall be set at 1 for all packaging materials for the duration of this recognition, however this shall be subject to any adjustments in the recognition in accordance with article 26, 1, 4 of the cooperation agreement. SECTION 3. COMPENSATING THE INDUSTRIAL UNPACKERS Art Val-I-Pac is required to deploy any resources and systems needed for it to fulfil its obligation to accept for return. 2. Val-I-Pac shall at least deploy the following resources and systems: 1 A fixed amount for containers intended to encourage the selective collection of industrial packaging waste. This fixed amount sum shall be paid by Val-I-Pac to the unpacker as a contribution towards the costs of hiring selective containers for industrial packaging waste; this is part of the reimbursement of the total and actual costs of managing industrial packaging waste. 2 A fixed amount for recycling intended to encourage the recycling of specific materials. This fixed amount shall be paid by Val-I-Pac to the unpacker as a contribution towards the costs of hiring selective containers for industrial packaging waste; this is part of the reimbursement of the total and actual costs of managing industrial packaging waste. 3 A fixed amount for starters intended as a once-only payment for the unpacker just starting to collect waste selectively. 4 An SME plan for the small unpackers, these being those with less than 50 employees, and for the retailers with a view to: - encouraging the selective collection of industrial packaging waste, for example by introducing or maintaining adjusted fixed amounts or other financial contributions, in which account is taken of regional initiatives in relation to the collection of waste at SMEs; - establishing national systems for the selective collection of specific kinds of industrial packaging waste in line with the Clean Site System, with the funding being shared between Val-I-Pac on the one hand and the packaging company marketing the packaging in question on the other; - to further improve communication and awareness and to tailor this to the target groups; - to organise the practical coordination of campaigns directed to small unpackers in cooperation with municipalities, local authorities, regions (actual) associations of small unpackers and other recognized agencies. Val-I-Pac shall make a total budget available for these SME plans of at least EUR , annually adjusted to the index of consumer prices and excluding the personnel costs of the companies, to fund: - the communication plan for the unpackers, specifically the small unpackers, these being the unpackers with less than 50 employees, intended to ensure, via directed campaigns tailored to the target groups, that each professional sector and each kind of unpacker has maximum access to the unpackers compensation system; - the part funded by Val-I-Pac in the Clean Site System;

7 7 - the continuation and future development of the cooperation with the local authorities in their campaign plans to encourage selective collection at SMEs, such as: - at (charging) civic amenity sites, - via separate charging collection routes for packaging waste; - projects to encourage selective collection at SMEs at industrial sites; - new initiatives taken within the scope of this recognition. With regard to the resources and systems Val-I-Pac is at least required to meet its undertakings stated in the request for recognition. The projects and the funding of these can be reviewed annually by Val-I-Pac, after consultation with and on the favourable recommendation of the Interregional Packaging Committee. Val-I-Pac shall formulate the review proposal within the scope of the reports provided for in article 18, 2 (of this recognition). Val-I-Pac is required to explore the following avenues before 1 December 2013: Differentiating between the fixed amounts provided for 2, 1, 2 en 3, for example based on the kind or the size of the container or any other relevant parameter; Introducing a specific amount based on the Clean Site System, for EPS, that provides additional funding for the collection of that material; Identifying other sectors that could benefit from a specific amount, in line with the Clean Site System; Identifying containers that could also be marked as recipients for industrial packaging waste, for example a container of 240 litres for packaging waste. Also before 1 December 2013 Val-I-Pac and the Interregional Packaging Committee must make a detailed evaluation of on the one hand all the resources and systems referred to in this section and on the other hand, in particular, the development of the fixed amount for starters as provided for in 3. This special evaluation of the development of the fixed amount for starters shall at least examine : - the potential number of unpackers that could be able to switch to selective collection ; in other words whether sufficient unpackers are eligible for this fixed amount and whether this number effectively remains constant over time; - whether the fixed amount for starters is a sufficient incentive for enough unpackers to start collecting selectively ; - what kinds of unpackers make use of this fixed amount ; - whether the total of the fixed amounts for containers and for starters remains constant. Within the scope of the SME plan Val-I-Pac shall submit to the Interregional Packaging Committee for its approval an action plan of measures that it wishes to take in order to facilitate such explorations. 3. The fixed amounts referred to in 2 may be mutually combined. 4. The following containers shall at least be marked as selective recipients for industrial packaging waste: - selective disposal containers (that contain at least 90% mono-material packaging waste that is recycled or that contains 80% multi-material recyclable industrial packaging waste and no substances that can hinder recycling); - selective large rolling containers (a rolling container for more than 1000 litres that contains at least 70% mono-material packaging waste that is recycled); - small rolling container (a rolling container for at least 660 litres and less than 1000 litres that contains least 70% mono-material packaging waste that is recycled); - wire containers in excess of 2.16 m³ and collection containers ( litres) for packaging waste deemed to be hazardous waste that is recycled; - plastic containers of 500 through 680 litres and wire containers of 500 litres through 2.16 m³ the content of which is recycled; - bags for the collection of plastics and bags for the collection of EPS.

8 8 5. Each year before 31 October Val-I-Pac shall communicate to the Interregional Packaging Committee the fixed amounts for the next calendar year for containers and for recycling. Via the fixed amount for containers and for recycling and via the action plan referred to in 2, 3 Val-I-Pac aims to cover the total and actual costs of packaging-waste management by setting the fixed amounts at the average amount of the total and actual costs and by keeping them at this level and by ensuring the fixed amounts are accessible for as many industrial unpackers as possible. 6. Val-I-Pac shall research whether the industrial packaging waste unpackers that receive the fixed amounts referred to in 2 are members of Val-I-Pac. Val-I-Pac shall also research the company profile and the geographical location of these unpackers. Val-I-Pac shall set a general indicator that includes the share of the costs of the container and recycling fixed amounts in the total liabilities in the Val-I-Pac budget. Val-I-Pac shall make any necessary arrangements for the setting of additional indicators in the follow-up commission with the permanent secretariat. Each year Val-I-Pac shall submit the overall results of its research and the development of the indicators to the Interregional Packaging Committee in line with the practical modalities defined by the Interregional Packaging Committee after these have been discussed in the follow-up committee. 7. Regardless of whether an industrial unpacker is a member of Val-I-Pac, it is eligible for the compensation paid by Val-I-Pac, although this is subject to the extent in which it is able to show it complies with the obligation to accept for return and with the obligation to provide information. If an industrial unpacker is unable to show it complies with the provisions in the cooperation agreement, it is not eligible for any compensation from Val-I-Pac. SECTION 4. OPERATIONAL ASPECTS Art. 6. Val-I-Pac shall adjust its standard contracts with the operators, contained in chapter 12 of the request for recognition to the provisions in this recognition. Each contract with an operator shall require the operator to allow the inspections defined in this recognition and to provide any explanations that are conducive to obtaining a good understanding of the data being controlled. The operators must undertake in practice to provide any relevant information on the final destination of the industrial packaging waste to Val-I-Pac and to respond to all additional requests in this connection made by Val-I-Pac. The final destination may be in either the waste phase or in the end-waste phase. The operators should take into account that this information will be transferred by Val-I-Pac to the Interregional Packaging Committee. In relation to this the only reservation that the operators may make is that, where said information is confidential, it may only be disclosed to the members of the permanent secretariat of the Interregional Packaging Committee that are specifically charged with performing inspections under article 29, 1 of the cooperation agreement. The adjusted standard contract with the operators shall be submitted to the Interregional Packaging Committee for its final approval no later than within 3 months after the recognition has been given. Art. 7. Val-I-Pac is required to provide the Interregional Packaging Committee with a copy of each contract it concludes with an operator at its first request. Art Val-I-Pac can only conclude a contract with an operator that: - provides a guarantee that the applicable environmental regulations will be complied with; - has the required technical capacities to enable it to complete its task;

9 - has the required logistic and administrative capacities to enable it to guarantee the quality of the information provided to Val-I-Pac; - agrees to provide Val-I-Pac with any information it requests relating to the nature, the origin and the destination of the collected industrial packaging waste. 2. Each operator that is rejected by Val-I-Pac due to failure to meet one of the conditions stated in 1, can submit a new request to enter into a contract with Val-I-Pac after it has submitted proof that it has taken the necessary measures to ensure that the condition is met. 3. Once an operator is accepted by Val-I-Pac and its tonnages are submitted for approval to the Interregional Packaging Committee, the tonnages originating from this operator can no longer be excluded from the results, unless there are grounded reasons for doing so that are accepted by the Interregional Packaging Committee. At the latest on 31 December 2016 the tonnages of an accepted operator can no longer be excluded from the results. Val-I-Pac undertakes to be fully transparent in relation to these tonnages for the full term of this recognition. 4. Val-I-Pac shall not discriminate between operators. 9 Art Val-I-Pac is required to take all the necessary measures to guarantee a level of inspection that fully guarantees the correctness of the information on recycling and useful application. Within 3 months after this recognition has been granted Val-I-Pac must submit an inspection strategy to the Interregional Packaging Committee for its approval. This inspection strategy should provide for: 1 annual inspections at operators performed by Val-I-Pac; 2 annual audits of the annual statement at each operator performed by an expert acting fully independently; 3 directed inspections performed by an independent expert acting fully independently at one or several operators that have concluded a contract with Val-I-Pac where such is established by Val-I- Pac to be necessary; 4 random verification in consultation with the Interregional Packaging Committee of the effective recycling of the industrial packaging waste that is marketed in Belgium, in other European Union Countries or outside the European Union. 2. The inspection referred to in 1 is intended, inter alia, to examine whether the packaging waste reported by the operators that have a contract with Val-I-Pac as being recycled or usefully applied: 1 is collected at industrial unpackers in Belgian territory; 2 is effectively packaging waste of industrial origin, produced in Belgian territory; 3 was fully and effectively entrusted to an agency for recycling or for useful application or to a recipient, with a view to the recycling or useful application thereof. The inspection primarily consists of an inspection at the operator of the figures, financial and technical details that it has submitted relating to the inward flows of industrial packaging waste produced in Belgian territory and relating to the quantities of industrial packaging waste produced in Belgian territory that has been recycled or usefully applied, in which a distinction is made between the Belgian or foreign destination of the packaging waste. In order to fulfil the task in accordance with 1, 2 and 3, the independent expert shall have access to any information, confidential or otherwise, that relates to the execution of the contract between Val-I-Pac and the operators. The independent expert can perform any inspection, sampling, measuring, analysis or checks that are needed in order to perform its task properly. The independent expert shall abide by the rules of confidentiality. On completion of the inspections in accordance with 1, 2 and 3, the independent expert shall draw up a report on the applied methods of inspection, sampling, measuring and analysis and on the nature of the data inspected. The report shall contain a reasoned opinion in relation to the correctness, or otherwise, of the execution of the contracts concluded between Val-I-Pac and the operator and in relation to the

10 reliability of the data provided by the operators. The expert shall send his report to the operator so that the operator can formulate a response. This response shall be attached to the report. The expert shall send the final report and attachments simultaneously to Val-I-Pac and to the Interregional Packaging Committee. 3. In order to allow the Interregional Packaging Committee to perform the inspection commission charged to it under the cooperation agreement Val-I-Pac or the expert shall inform the Interregional Packaging Committee about the inspections referred to in 1, 1, 2 and 3 at least 5 workdays beforehand. 4. The contract between Val-I-Pac and the operators shall provide for the necessary measures that should be applied if the operator fails to observe the inspection rules that have been established or if during the inspections within the meaning of 1, 2 and 3 or during the inspections within the meaning of 1, 1 the independent expert or the inspector respectively find deviations in excess of 10% in the declarations submitted to Val-I-Pac regarding the quantity of industrial packaging waste reported by the operator. 5. Val-I-Pac shall keep the reports of the inspections referred to in 1, 1-3 and 2 for the Interregional Packaging Committee for a term of 5 years. 10 Art. 10. The programme, to be determined in consultation with the Interregional Packaging Committee, for verifying the effective recycling of industrial waste marketed in Belgium, in other European Union countries or outside the European Union, shall pay particular attention to the inspection of sales in the Far East through trading from within Europe by traders or brokers (within the meaning of Directive 2008/98/EC). In this specific attention will be given to the geographic, material and recycling aspects. During the course of the calendar years 2013 and 2015 Val-I-Pac shall conduct a detailed study of the recycling chains in relation to the packaging waste processed outside the European Union. Within this context special attention shall be given to the environmental, social and economic circumstances in which such recycling takes place. These studies shall be based on practical and recent flows of Belgian packaging waste that have been sent outside Europe by traders or brokers (within the meaning of Directive 2008/98/EC) to be processed. Relevant company visits outside Europe form the basis for these studies. The precise inspection programme is to be agreed with the permanent secretariat of the Interregional Packaging Committee within the scope of the follow-up committee. SECTION 5. ACCESSION AGREEMENT WITH THE PACKAGING COMPANIES Art Val-I-Pac must accept the accession of any packaging company wishing to join in relation to all its industrial packaging. 2. The packaging company has for the duration of this recognition the right to unilaterally cancel its accession agreement with Val-I-Pac at the end of each calendar year, subject to a notice period of 6 months. 3. Val-I-Pac shall submit to the Interregional Packaging Committee the list of members that cancel their membership due to the fact that under article 6 of the cooperation agreement of 4 November 2008 they are no longer subject to the obligation to accept for return. Val-I-Pac shall submit this list within the terms agreed in the follow-up committee. Art Each year no later than 31 October Val-I-Pac shall submit its membership fees to the Interregional Packaging Committee. These fees shall at least comply with the principle condition that the current link between fees and the recyclability of the packaging is maintained. If the fees do not comply with this condition the Interregional Packaging Committee can reject the fees, in which case Val-I-Pac shall submit new proposals.

11 11 2. For the first membership year the members of Val-I-Pac pay a minimum amount of no more than EUR , intended to cover the opening costs of the dossier With effect from the second year of membership the members pay a minimum amount of no more than EUR a year. 3. Val-I-Pac can charge an accession fee to new members. This accession fee may not exceed 25% of the packaging company s contribution in the current year. Art Val-I-Pac must offer a retroactive membership for the 5 calendar years that precede the year in which the agency becomes a member (the year N). For the last calendar year (the year N-1) Val-I-Pac must charge the exact quantities marketed by the packaging company and must apply the usual rates to this. For the remaining 4 retroactive years the annual contribution shall be established as a flat rate amount per ton at no less than EUR 3.5. The retroactive contributions are not payable for the years in respect of which: 1. no packaging was marketed in Belgium; 2. the packaging company can clearly show that its obligation to accept for return has been fulfilled by the packaging company or by a third party; 3. the packaging company has undergone a penalty as provided for in article 32 of the cooperation agreement. 2. Contrary to 1, Val-I-Pac may not offer retroactive membership if the packaging company has undergone an inspection within the meaning of article 29 of the cooperation agreement as a result of which an official report was drawn up by the Interregional Packaging Committee subject to penalty of voidability of the retroactive membership. This prohibition of retroactive membership shall be undone on payment of the pecuniary administrative fine, imposed under article 31 of the cooperation agreement. 3. In the event of retroactive membership Val-I-Pac may charge interest on account of delay for the 5 calendar years preceding the year in which the agency becomes a member, which corresponds to the amount that the payable contributions would have yielded based on the statutory interest. Val-I-Pac shall provide the necessary payment modalities. 4. Without prejudicing the requirement that Val-I-Pac must submit the full list of packaging companies each year in accordance with article19, 1 of the cooperation agreement, each quarter Val-I-Pac shall submit to the Interregional Packaging Committee the list of the new retroactive members. Art. 14. Within four months after the date on which the recognition is granted Val-I-Pac shall submit a final accession agreement to the Interregional Packaging Committee for its approval. This draft shall contain the proposals for review as proposed in the request for recognition. The Interregional Packaging Committee shall announce its decision within a term of 2 months of the receipt of the full draft. All alterations to the accession agreement made during the term of this recognition must be submitted beforehand to the Interregional Packaging Committee for approval. The Interregional Packaging Committee shall announce its decision regarding the proposed alterations within four months of receiving the full proposal. SECTION 6. OTHER OBLIGATIONS OF THE RECOGNIZED AGENCY Art. 15. Val-I-Pac is required to take out maximum insurance to cover the full contractual and noncontractual liability that may arise in relation to any of its activities. The cover may not be set out in restrictive terms.

12 12 Art Val-I-Pac shall submit to the Interregional Packaging Committee the required information relating to the impact of its fees on the quantitative and qualitative prevention and on the promotion of reusable packaging. 2. Val-I-Pac shall submit in accordance with the practical modalities arranged in the follow-up committee to the Interregional Packaging Committee a study regarding the plastic packaging marketed in the Belgian market by the packaging companies in the previous calendar year, which examines what kind of plastics were marketed and in what mutual ratios. Plastics are: (LD)PE, HDPE, PET, PVC, PP, PS (excluding EPS), EPS and other. SECTION 7. OBLIGATIONS TO PROVIDE INFORMATION Art Each year no later than on 31 March Val-I-Pac shall submit to the Interregional Packaging Committee a report on the execution of and compliance with the provisions in this recognition and in the cooperation agreement during the course of the preceding civil year. This report shall address the following issues in particular: - the realization of the recycling and useful application targets; - the data falling under the obligation to inform as provided for in articles 18 and 19 of the cooperation agreement; - per packaging material, the operators with which Val-I-Pac has concluded an agreement within the meaning of section 4 of this recognition, regardless of whether or not their tonnages are included in the results of Val-I-Pac; - per packaging material, the overall tonnages, divided into categories that are identified by the Interregional Packaging Committee after consultation with Val-I-Pac within the scope of the follow-up committee, in respect of which Val-I-Pac has concluded an agreement within the meaning of section 4 of this recognition, regardless of whether or not their tonnages are included in the results of Val-I-Pac; - per packaging material, the recipients, recycling companies or companies for useful application to which the invoiced packaging waste was ceded by the operators that have concluded an agreement with Val-I-Pac within the meaning of section 4, in accordance with the practical modalities for the annual declaration by the contractants regarding the processing of the packaging waste, as determined in application of article 6 of this recognition; - the charging of the costs associated with the obligation to accept for return to the packaging companies and the way in which the costs incurred by the unpackers in relation to packaging waste management are covered; - the contributions referred to in article 5, 2; - the social employment; - the evaluation of the inspections carried out by Val-I-Pac during the course of the previous year. 2. Val-I-Pac shall also submit to the Interregional Packaging Committee the details regarding potentially hazardous packaging, as provided for in article 8, 1, 6 of the cooperation agreement, in accordance with the practical modalities established by the Interregional Packaging Committee after deliberations in the follow-up committee. Val-I-Pac shall also submit the details referred to in article 18, 1, 1 and 4 of the cooperation agreement in relation to glass packaging material. 3. Val-I-Pac shall submit to the Interregional Packaging Committee all the details it has and which are needed for the mandatory reports made by the Belgian government to the European Commission. In the details regarding the recycling and the useful application of the packaging waste of industrial origin that originates in Belgian territory, per packaging material within the meaning of article 3 a distinction shall be made between the invoiced packaging waste intended for the domestic market and the packaging waste intended to go abroad with an additional distinction between packaging waste being sent within and outside the European Union.

13 13 4. Per material Val-I-Pac shall submit to the Interregional Packaging Committee the overall details of the declarations submitted to it by the members of the non-profit organisation Phytofar Recover, in which a distinction is made between hazardous and non-hazardous packaging. Val-I-Pac shall also submit the figures relating to the removal of the packaging waste as provided by the non-profit organisation Phytofar Recover. 5. The members of the Permanent Secretariat of the Interregional Packaging Committee shall have free access without prior notice being required to all the basic details of Val-I-Pac. These details shall be accessible via an information carrier compatible with the computer system of the Interregional Packaging Committee. 6. Val-I-Pac shall submit to the Interregional Packaging Committee, in addition to the above and by way of the electronic method indicated by the Interregional Packaging Committee, all the requested details within the established terms. Art Each year and always before 31 October Val-I-Pac shall submit to the Interregional Packaging Committee a report on the sales prices of the materials, which shall also include an explanatory note regarding the monitoring of the sales prices of the materials. The form of these reports and the modalities for submitting these shall be established by the Interregional Packaging Committee after deliberations in the follow-up committee. 2. Each year before 30 June Val-I-Pac shall submit to the Interregional Packaging Committee an update regarding the execution of the SME plan provided for in article 5, 2, 4 of this recognition. Before 30 November Val-I-Pac shall provide the required proposals regarding the implementation of the SME plan in the following calendar year. Art Each year, no later than 15 December immediately after approval has been given by its competent body Val-I-Pac shall provide its annual budget to the Interregional Packaging Committee. 2. In accordance with article 12, 5 of the cooperation agreement Val-I-Pac must respond to all questions asked by the Interregional Packaging Committee regarding its financial income, including any accession fees and the retroactive fees. Any accession fees and the retroactive fees should be stated as separate items in the accounts of Val-I- Pac. 3. Val-I-Pac shall inform the Interregional Packaging Committee about all intended alterations in its declaration system for packaging companies no later than 2 months prior to these alterations taking effect. The declaration system may not discriminate between the packaging companies that are members of Val- I-Pac. Art. 20. Each alteration in the resources and systems deployed by Val-I-Pac to fulfil the obligation imposed upon it to accept for return must be communicated in writing to the Interregional Packaging Committee. Each significant adjustment must be submitted to the Interregional Packaging Committee in writing two months beforehand. This adjustment can only take effect after consultation with and on the favourable recommendation of the Interregional Packaging Committee. The following are considered to be significant adjustments: - the dropping or introduction of a fixed amount within the meaning of article 5, 2, 1, 2 or 3 ; - a change in the fixed amount in excess of 25% in respect of the amounts stated in the request for recognition; - the substantive alteration of one of the standard contracts referred to in this recognition. Val-I-Pac may not in any way go back on any of the undertakings entered into in the request for recognition.

14 14 SECTION 8. FOLLOW-UP COMMITTEE Art. 21. A follow-up committee shall be set up composed of representatives of the permanent secretariat and of Val-I-Pac, whose role is to evaluate the affect of the decisions of the Interregional Packaging Committee taken within the context of this recognition. This follow-up committee does not have the power to make decisions. A report shall be made of every meeting of the follow-up committee in French and in Dutch. The chairmanship and the secretariat of the follow-up committee shall be ensured by the permanent secretariat.

15 18 SECTION 9. FINAL CLAUSES Art. 22. The recognition shall take effect on 1 January Without prejudicing the provisions in article 26, 1, 4, of the cooperation agreement the recognition shall remain valid through 31 December Brussels, 15 December Martine GILLET Deputy Chairman of the Interregional Packaging Committee Danny WILLE Deputy Chairman of the Interregional Packaging Committee Griet VAN KELECOM Chairman of the Interregional Packaging Committee

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