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.  

End-of-Waste Guidance

Draft End-of-Waste guidance has been prepared by the Agency. The guidance is presented in two parts as follows:

 End of Waste Guidance Part 1

 End of Waste Guidance Part 2 

The Consultation period is now closed as of 5pm on 23rd June 2020. Submissions on consultation will be considered and the Final Guidance will be published in due course.

 

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.  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.

 

Useful Guidance 

 

Decisions on end-of-waste made under Article 28

 

12 June 2018: The EPA decided that recycled LDPE material produced by Irish Packaging Recycling will cease to be waste if it complies with end-of-waste criteria as set out in the EPA's decision document.  The decision document can be viewed here.

 

16 July 2019:  The EPA decided that recycled aggregate produced by Integrated Materials Solutions Limited Partnership will cease to be waste if it complies with end-of-waste criteria as set out in the EPA's decision document.  The decision document can be viewed here.

 

13 August 2019: The EPA decided that recycled aggregate produced by Starrus Eco Holding Limited, T/A Panda Greenstar will cease to be waste if it complies with end-of-waste criteria as set out in the EPA's decision document.  The decision document can be viewed here.

 

10 September 2019: The EPA decided that pulverised fuel ash and furnace bottom ash produed by Electrical Supply Board (ESB) will cease to be wase if it complies with end-of-waste criteria as set out in the EPA's decision document. The decision document can be viewed here

 

15 October 2019: The EPA decided that poly(ethylene phthalate) recyclate produced by Shabra Recycling Limited will cease to be waste if it complies with end-of-waste criteria as set out in the EPA's decision document. The decision document can be viewed here