Article 11 declaration on waste authorisations

Waste disposal and recovery activities generally require waste authorisation. Which type of authorisation is required is dictated by the classes of waste activity listed in the Third Schedule of the Waste Management (Facility Permit and Registration) Regulations, 2007 (S.I. No. 821 of 2007), as amended.

Authorisation comes in three forms:

  • certificate of registration (for activities listed in Part II of the Third Schedule);
  • waste facility permit (for activities listed in Part I of the Third Schedule); or
  • waste licence or industrial emissions licence (all other activities).

Do I need a licence, permit or certificate of registration?

You may be unclear as to whether you need a waste/industrial emissions licence, waste facility permit, a certificate of registration or whether you are exempt from all of these authorisations. In order to help you decide the Agency has prepared the following flow charts to help you determine which authorisation is required.

If you are unsure as to which type of authorisation you require - i.e. waste/industrial emissions licence, waste facility permit, certificate of registration or none of these - you may make a request to the Agency, using the online request form, to determine the question for you in advance of making an application for authorisation. The Agency will notify the requester (whether private sector operator or local authority) of its determination within 15 working days of receipt of a completed request. The Agency may consult with a local authority in reaching its determination.

Exemptions on waste authorisation and other frequently asked questions on Article 11

Certain waste activities are exempt from licensing or permitting under the Waste Management Act 1996, as amended. For more details on this and other important information related to Article 11 requests, see the following Frequently Asked Questions : Article 11 FAQ

Article 11 online request form

To launch the Article 11 online request form, you will need to "Log In" or "Sign Up" via the EDEN portal ( https://www.edenireland.ie). 

NOTE: If you are a first-time user of the EDEN portal you will need to create a user login account using the "Sign Up" option, and follow the instructions provided. On registration, you should also request access to the Article 11 module. You will only need to register once; after which you can log in via the EDEN portal to launch the Article 11 module when needed. There are extensive user instructions in the ‘Help’ section of the EDEN portal site and there is guidance document on how to Register for Eden at the following link https://www.edenireland.ie/help/gethelpfileforreg. If you require further assistance in relation to technical issues or queries on EDEN registration, please contact the EPA via the following email address: eden@epa.ie Once your registration has been approved, you can log into EDEN and launch the Article 11 application, from where you can complete the request form and submit it electronically to the Agency.

Who can make an Article 11 request?

A private sector operator may make a request for a determination in advance of making an application for a Waste Licence, Waste Facility Permit, or Certificate of Registration Application.

A Local Authority may make a request in respect of its own waste activities in advance of making an application to the Agency for a Waste Licence or Certificate of Registration Application.

A Local Authority may upon receipt of an application from a private sector operator for a Waste Facility Permit, or Certificate of Registration, refer a request to the Agency for a determination where it has doubts as to whether the correct authorisation has been applied for.

A determination from the Agency in accordance with Article 11 is final.

 

If you require additional information, contact the EPA's Environmental Licensing Programme at:

Office of Environmental Sustainability,
PO Box 3000,
Johnstown Castle Estate,
County Wexford
Tel: Locall 1890 33 55 99 or 053 91 60600; Fax 053 91 60699.
Email: article11@epa.ie