Article 28 (End of Waste)

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:

  • the substance or object is commonly used for specific purposes;
  •  a market or demand exists for such a substance or object
  • the substance or object fulfils the technical requirements for the specific purposes and meets the existing legislation and standards applicable to products; and
  • the use of the substance or object will not lead to overall adverse environmental or human health impacts.

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:

  • material flows;
  •  potential uses;
  •  processes applied;
  • relevant national and international legislation;
  • quality assurance schemes;
  • standards and end user specifications;
  • present market and estimation/scenarios for its evolution; and
  • environmental and health impact.

The proposed end-of-waste criteria must provide detailed criteria/controls relating to the following:

  •  input material;
  •  applied processes and techniques;
  •  product quality;
  • potential applications; and
  • quality control procedures and quality assurance.

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.