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End-of-Waste Status under article 28 of the European Communities (Waste Directive) Regulations, 2011, S.I. No. 126 of 2011.
Article 28 of the European Communities (Waste Directive) Regulations, 2011, transposes article 6 of the 2008 Waste Framework Directive (2008/98/EC). Article 28 sets out the grounds by which a material which is recovered or recycled from waste can be deemed to be no longer a waste. The article provides for development of end-of-waste criteria in accordance with the following as set out in article 28(1) of the Regulations and article 6 of the Directive:
Certain specified waste shall cease to be waste when it has undergone a recovery, including recycling, operation and comlies with specific criteria to be developed in accordance with the following conditions:
In accordance with article 6 of the Directive, the European Commission has developed two regulations governing end-of-waste criteria for:
See also the website of the European Commission and the Joint Research Centre. The latter provides several detailed reports on end-of-waste, how criteria should be developed and what waste streams have gone or should go forward for further evaluation as candidates for end-of-waste criteria.
In the absence of end-of-waste criteria set at Community level, article 28(3)(a) of the Regulations allows the Agency to decide on a case-by-case basis whether certain waste has ceased to be waste in accordance with the end-of-waste conditions. No decisions have been made to date under article 28. Proposals for end-of-waste status must come from industry and be funded by industry. The making of an end-of-waste proposal to the Agency will be a complex process for most materials given a range of factors such as the variety of sources, presence of contaminants, intended end uses, quality control and the possible requirement to comply with Regulation (EC) No 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH).
Proposals must be in accordance with guidance prepared by the European Commission which requires a comprehensive assessment with background data for the waste stream covering:
The proposed end-of-waste criteria must provide detailed criteria/controls relating to the following:
The Commission must be notified under Directive 98/34/EC when Ireland sets end-of-waste criteria and scope exists for the Commission or other Member States to object.
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