Music festival Tomorrowland will have to pay a €27,500 fine for illegally using single-use cups, while its profit confiscation penalty has been reduced from €700,000 to €450,000, confirmed the Enforcement Council on Thursday.
Earlier this year, Tomorrowland challenged the penalties imposed by the Department of Environment, arguing that their request for an exemption was unjustly denied.
The festival further claimed that an independent study showed no measurable environmental benefit from banning their stock of recyclable cups.
Tomorrowland deemed the initial €700,000 penalty as “disproportionate.” This figure was calculated to negate the financial advantages gained from circumventing regulations, thereby ensuring a level playing field among festivals.
The sanctions date back to late 2023, when Tomorrowland was fined for failing to use reusable cups in compliance with waste regulations.
The festival claimed logistical challenges and wanted to use up its existing stock of single-use cups. Tomorrowland began complying with the regulations this year.
Since June 2023, Flemish waste rules have prohibited single-use cups at events, requiring organisers to use reusable ones and collect at least 90% of them for reuse.
The Enforcement Council stated on Thursday that the €27,500 fine is adequately justified, noting that the use of approximately 1.82 million single-use cups undermined Flemish waste prevention policies.
The council added that the festival knowingly ignored the ban despite the rejection of its exemption request and failed to appeal this decision with the State Council.
However, the council adjusted the calculation for the €700,000 profit confiscation.
It clarified that Tomorrowland avoided costs related to implementing a reusable cup system by using single-use cups, which represents an estimated gross benefit. This is now deducted from the organisation’s finances via the penalty.
The council also ruled that the festival’s operational costs linked to using single-use cups should not be included in the calculation, as they stemmed from the environmental offence.
Conversely, revenue from deposits on unreturned reusable cups should be factored into the adjustment. The total amount to be paid was recalculated to €451,352.12.
Profit confiscation is a sanction that requires offenders to pay an estimated sum equivalent to the gross financial advantage gained from environmental violations or crimes.
