Waste Management Act 1996 (End-of-Waste) Regulations 2024

S.I. No. 660/2024 - Waste Management Act 1996 (End-of-Waste) Regulations 2024 Download PDF Íoslódáil PDF Notice of the making of this Statutory Instrument was published in “Iris Oifigiúil” of 29 th November, 2024. TABLE OF CONTENTS PART 1 PRELIMINARY AND GENERAL 1. Citation 2. Definitions PART 2 3. Form of notification to Agency 4. Fees for notifications PART 3 DECISIONS OF AGENCY 5. Consideration of notifications by Agency 6. Provision of further information 7. Review, amendment or revocation of decisions PART 4 8. Establishment and maintenance of register 9. Entries on register PART 5 10. Confidential Information PART 6 OFFENCES AND PENALTIES 11. Offences 12. Penalties PART 7 ANNUAL REPORTING 13. Annual reporting PART 8 FINAL PROVISION 14. Service of notices Part 1 Fees for notifications Part 2 Other Fees I, EAMON RYAN, Minister for the Environment, Climate and Communications in exercise of the powers conferred on me by section 75A of the Waste Management Act 1996 (No. 10 of 1996) (as adapted by the Communications, Climate Action and Environment (Alteration of Name of Department and Title of Minister) Order 2020 ( S.I. No. 373 of 2020 )), hereby make the following regulations: Part 1 Preliminary and General 1. These Regulations may be cited as the Waste Management Act 1996 (End-of-Waste) Regulations 2024. 2. In these Regulations— “Agency” means the Environmental Protection Agency; “Commission” means the European Commission; “list of waste” shall be construed in accordance with Regulation 29 of the Regulations of 2011; “Minister” means the Minister for the Environment, Climate and Communications; “national-level decision” means a decision made by the Agency under paragraph (2) of Regulation 28 (amended by Regulation 16 of the European Union (Waste Directive) Regulations 2020 ( S.I. No. 323 of 2020 )) of the Regulations of 2011 establishing criteria on the application of conditions, laid down in paragraph (1) of that Regulation, to certain types of waste; “notification” means a notification to the Agency, made under paragraph (4) of Regulation 28 (amended by Regulation 16 of the European Union (Waste Directive) Regulations 2020 ( S.I. No. 323 of 2020 )) of the Regulations of 2011, seeking either a national-level, or single-case, decision; “notifier” means a natural or legal person, making a notification to the Agency for a decision on end-of-waste status; “Principal Act” means the Waste Management Act 1996 (No. 10 of 1996); “producer” means a natural or legal person that produces a substance or object in accordance with the requirements of a national-level, or single case, decision; “register” means the register established and maintained under Regulation 8; “single-case decision” means a decision made by the Agency under paragraph (3) of Regulation 28 (amended by Regulation 16 of the European Union (Waste Directive) Regulations 2020 ( S.I. No. 323 of 2020 )) of the Regulations of 2011; “Regulations of 2011” means the European Communities (Waste Directive) Regulations 2011 ( S.I. No. 126 of 2011 “Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives; “website” means an internet website (including part of such a website)— (a) to which access is readily available by members of the public, and (b) where anything published is readily available for inspection by members of the public. Part 2 Form of notification to Agency 3. (1) A notification shall be in the form and format as may be prescribed from time to time by the Agency and published on a website maintained by the Agency. (2) A notification shall be accompanied by the following: (b) where the notifier is a body corporate, the address of its registered, or principal, office; (c) subject to Regulation 4(2), the relevant fee; (d) supporting documentation, in each instance to the satisfaction of the Agency, to demonstrate how each of the conditions of paragraph (1) of Regulation 28 (amended by Regulation 16 of the European Union (Waste Directive) Regulations 2020 ( S.I. No. 323 of 2020 )) of the Regulations of 2011 shall be met, which shall include the following: (i) a description of the specific uses for which the substance or object concerned is intended to be used; (ii) evidence that there is a market or demand for the substance or object concerned; (iii) evidence that the substance or object concerned fulfils the technical requirements for its specific purpose and meets any existing— (I) applicable legislation, and (II) standards applicable to products or, where no relevant standard exists, the notifier may submit a customer specification or other technical specification in support of their notification; (iv) details of each list of waste code intended for use as waste inputs for the recovery operation concerned; (v) a detailed description of the constituents of the waste input concerned; (vi) details of recovery operation and treatment processes; (vii) details of management systems, including— (I) quality control and self-monitoring, and (II) accreditation; (viii) details of template statement of conformity; (x) a proposal of pollutant limits, where a risk assessment under clause (ix) indicates that such limits are warranted; (xi) evidence that the substance or object concerned can comply with pollutant limits, where proposed; (e) any other information as may be reasonably required by the Agency or as specified in relevant Agency guidance. (3) Notwithstanding the availability of the information concerned elsewhere, it shall be the responsibility of the notifier making the notification to supply all the details and information required under this Regulation. (4) A notification made to the Agency under this Regulation, including all supporting documentation and related correspondence, may be made available to the public by the Agency— (a) on a website maintained by the Agency, or (b) by such other means as the Agency considers appropriate having had regard to the circumstances of the notification. (5) A person making a notification under this Regulation to the Agency, who claims that certain information submitted in the notification, including in the supporting documentation and related correspondence, includes information which should be treated as confidential under Regulation 10 shall— (a) identify the information concerned, (b) submit the information concerted under separate cover, and (c) for each such item of information, include a statement justifying its being treated as confidential. (6) The Agency may waive the requirement for a notification under these Regulations where the substance or object concerned— (a) comes within the scope of Article 19 of Regulation (EU) 2019/1009 of the European Parliament and of the Council of 5 June 2019 , or (b) comes within the scope of— (i) an existing national-level decision, or Fees for notifications 4. (1) Subject to paragraph (2), the fee in respect of a notification shall be as set out in Part 1 of the Schedule and shall be payable with the notification concerned. (2) The Agency, may refund, or waive, all or part of the fee payable under this Regulation in respect of a particular notification, where the Agency is satisfied that the payment of the fee in full would not be justified or reasonable having regard to the limited scale or nature of the recycling or other recovery operation concerned. Part 3 Decisions of Agency Consideration of notifications by Agency 5. (1) The Agency shall consider notifications made in accordance with Regulation 3 and, by notice in writing, advise the notifier, subject to Regulation 6, not later than 6 months after the date of receipt of the notification of the following: (a) in the case of a national-level decision— (i) its proposed decision whether to establish criteria for fulfilling end-of-waste status, and (ii) its proposed criteria for fulfilling end-of-waste status, where established; (b) in the case of a single-case decision its proposed decision whether certain waste has ceased to be waste, or the measures it proposes to take to verify that certain waste has ceased to be waste. (2) The notifier may, not later than 21 days after the date of the written notice, referred to in paragraph (1), make a submission to the Agency with observations relating to the proposed decision under subparagraph (a) or (b) of that paragraph. (3) In considering a notification made under these Regulations, the Agency shall take into account the following: (a) the conditions set out in paragraph (1) of Regulation 28 (amended by Regulation 16 of the European Union (Waste Directive) Regulations 2020 ( S.I. No. 323 of 2020 )) of the Regulations of 2011; (b) the requirements for criteria set out in paragraph (2) of Regulation 28 (amended by Regulation 16 of the European Union (Waste Directive) Regulations 2020 ( S.I. No. 323 of 2020 )) of the Regulations of 2011; (c) such further information received by it pursuant to a request made under Regulation 6; (d) any relevant national-level decisions made concerning criteria established under paragraph (2) of Regulation 28 (amended by Regulation 16 of the European Union (Waste Directive) Regulations 2020 ( S.I. No. 323 of 2020 )) of the Regulations of 2011; (e) any relevant single-case decisions made under paragraph (3) of Regulation 28 (amended by Regulation 16 of the European Union (Waste Directive) Regulations 2020 ( S.I. No. 323 of 2020 )) of the Regulations of 2011; (4) Notwithstanding paragraph (1), the Agency may refuse to consider a notification under these Regulations in the following circumstances: (a) where the substance or object concerned is intended for use outside of the European Union; (b) where the conditions and requirements for end-of-waste under paragraph (1)(a) or (2) of Regulation 28 (amended by Regulation 16 of the European Union (Waste Directive) Regulations 2020 ( S.I. No. 323 of 2020 )) of the Regulations of 2011 have not been met; (c) where a national-level decision— (i) has been made by the Agency which covers, or (ii) is expected to be made by the Agency, not later than six weeks from the date of receipt by the Agency of the notification concerned, which would cover, the substance or object, the subject of the notification; (d) where an implementing act has been adopted by the institutions of the European Union setting down criteria on the uniform application of the conditions laid down Article 6(1) of the Waste Directive which would cover the substance or object, the subject of the notification; (e) where the notification is not in the form or format, if any, prescribed by the Agency under paragraph (1) of Regulation 3; (f) where the notification is not accompanied by the items mentioned in paragraph (2) of Regulation 3; (g) where the notification is not accompanied by an appropriate fee as provided under Regulation 4. (5) The Agency shall not consider a notification under this Regulation where the Agency identifies substances or objects, which are— (a) unlawful for use under the law of the State or the European Union, or (b) that are intended to be mixed with waste during use. (6) The Agency shall, in the case of a single-case notification, where no submissions are received within the timeframe specified in paragraph (2), not later than 6 weeks from the date of receipt of the written notice mentioned in paragraph (1), issue its final decision as to — (a) whether the waste, the subject of the written notice, has ceased to be waste, or (b) whether it will take appropriate measures to verify that the waste, the subject of the notification, has ceased to be waste. (7) The Agency shall, in the case of a single-case notification, where submissions are received within the timeframe specified in paragraph (2), not later than 4 months from the date of the expiry of that timeframe— (a) consider any submissions made on the proposed decision or proposed measures, and (b) by notice in writing, advise the notifier of— (i) its final decision as to whether the waste, the subject of the notification, has ceased to be waste, or (ii) whether it will take appropriate measures to verify that the waste, the subject of the notification, has ceased to be waste. (8) The Agency shall, in the case of a proposed national-level decision, where no submissions are received within the timeframe specified in paragraph (2), not later than 6 weeks after the date of receipt of the written notice mentioned in paragraph (1), notify the Commission of the criteria forming part of the proposed national-level decision in accordance with Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 where so required by that Directive. (9) The Agency shall, in the case of a national-level notification, where submissions are received within the timeframe specified in paragraph (2), not later than 4 months of the date of expiry of that timeframe— (a) consider any submissions made on the proposed decision or proposed criteria, (b) by notice in writing, advise the notifier, of its decision whether to revise the proposed decision or proposed criteria, where established, and (c) notify the Commission of those criteria in accordance with Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 where so required by that Directive. (10) Where a notification of criteria forming part of a proposed national-level decision has been made to the Commission under paragraph (8) or paragraph (9)(c) and where no comments or detailed opinions are received from— (a) the Commission, (b) a Member State (other than the State), or (c) any other interested party, the Agency shall, on the expiration of the mandatory standstill period under that notification, not later than 6 weeks from the date of the expiry of that standstill period, issue its final decision and final criteria in accordance the proposed decision and proposed criteria notified. (11) Where a notification of criteria forming part of a national-level decision has been made to the Commission under paragraph (8) or paragraph (9)(c) and where comments or detailed opinions, in connection with that notification of criteria, are received from the Commission or a Member State (other than the State), the Agency shall, not later than 4 months from the date of expiry of the standstill period referred to in paragraph (10)— (a) consider any comments or detailed opinions made on the proposed criteria, and (b) by notice in writing, advise the notifier, of the following: (i) its final decision to whether to establish criteria for fulfilling end-of-waste status; (ii) the final criteria for fulfilling end-of-waste status, where established. (12) The Agency may, having had regard to the requirements of these Regulations, the Regulations of 2011 and the Principal Act, attach such conditions as it considers appropriate to a determination or decision made under these Regulations. Provision of further information 6. (1) The Agency may, in writing, require a notifier to provide further information or evidence on the end-of-waste substance or object concerned, or any other information, necessary for determining whether the substance or object concerned meets the requirements of Regulation 28 (amended by Regulation 16 of the European Union (Waste Directive) Regulations 2020 ( S.I. No. 323 of 2020 )) of the Regulations of 2011 and, where so required, the notifier concerned shall provide the specified information or evidence, not later than the date, if any, specified by the Agency in the written request for further information or evidence. (2) Where there is a failure or refusal to comply with a requirement under paragraph (1) by the date specified in the requirement concerned, or any extension of that date provided in writing by the Agency, in its sole discretion based on reasonable grounds, the Agency may, where it considers it appropriate— (a) proceed with its consideration of the notification in the absence of the information or evidence specified in the requirement, or (b) inform the applicant, by notice in writing, of such failure and that the notification cannot be considered by the Agency. (3) The time mentioned in paragraph (1) of Regulation 5 shall not include the time from the date of a request by the Agency for further information or evidence under this Regulation until the date that the requested further information or evidence is received by the Agency. Review, amendment or revocation of decisions 7. (1) The Agency may review, amend or revoke a decision (including a decision previously amended), made under these Regulations, at any time after the decision was made or amended, in the following circumstances: (a) where there has been a publication, at national, or European Union, level, of criteria for the substance or object, and associated specified use, concerned; (b) where there has been an amendment or revision of applicable legislation, technical standards or technical specifications; (c) where there has been new, or amended, customer specifications; (d) at the request in writing of the notifier or the beneficiary of the decision; (e) where an error of a clerical nature has been made; (f) where the Agency identifies, or becomes aware of, relevant information which was not considered by the Agency in its original decision in the matter; (g) in such other circumstances as the Agency considers appropriate having had regard to all the circumstances of the matter. (2) The Agency shall review a decision made under these Regulations or the Regulations of 2011, including a decision previously amended under this Regulation, where— (a) the beneficiary of that decision has been convicted of an offence under the Principal Act, or (b) the Agency believes, based on reasonable grounds, that the beneficiary of the decision is contravening, or has contravened, the criteria established by the Agency in relation to that decision. (3) For the purposes of a review under this Regulation, the Agency, by notice in writing, may request information or further information from the beneficiary of the decision, and the beneficiary of the decision shall furnish that information or further information within the period stated in the notice. (4) A person providing information under this Regulation to the Agency, who claims that certain information, including all supporting documentation and related correspondence, includes information which should be treated as confidential under Regulation 10 shall— (a) identify the information concerned, (b) submit the information concerted under separate cover, and (c) for each such item of information, include a statement justifying its being treated as confidential. (5) The Agency, having reviewed a decision under paragraph (1) or (2) and any information or further information furnished under paragraph (3), and having determined whether it is satisfied regarding the same matters in relation to which the Agency is required to be satisfied for the purposes of making a decision under— (a) Regulation 28 (amended by Regulation 16 of the European Union (Waste Directive) Regulations 2020 ( S.I. No. 323 of 2020 )) of the Regulations of 2011, or (b) Regulation 5, shall make a decision in relation to the review. (6) The decision of the Agency under paragraph (5) may be to— (a) amend a decision, including amending criteria, or including additional criteria, attached to the decision, (b) terminate the review without amending the decision, or (c) revoke the decision. (7) (a) Where a single-case decision has been revoked by the Agency, the beneficiary of that decision may (other than where the decision has been revoked by reason of the product or substance being produced under that decision being, or becoming, illegal) not later than 28 days after the date of a notification of a decision made under paragraph (5), appeal to the District Court in the District Court district in which the notice of the revocation was served, against the decision of the Agency. (b) On the hearing of an appeal under this paragraph, the judge of the District Court may make an order giving such directions to the Agency as he or she thinks proper in relation to the revocation of a decision or the amendment of criteria attached to such a decision. (8) The Agency shall, on amending or revoking a decision under this Regulation, notify the Commission of such amendment or revocation in accordance with Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 where so required by that Directive. (9) The fee in respect of a review, transfer, or technical or clerical amendment, of a decision shall be— (a) as set out in Part 2 of the Schedule, and (b) payable to the Agency on the making of an application to review, transfer, or make a technical or clerical amendment to, a decision. (10) The Agency, may refund, or waive, all or part of the fee payable under this Regulation in respect of a review, transfer, or technical or clerical amendment, where the Agency is satisfied that the payment of the fee in full would not be justified or reasonable having regard to the requirements of these Regulations and the circumstances giving rise to the review, transfer or amendment concerned. Part 4 Establishment and maintenance of register 8. (1) The Agency shall, as soon as practicable, after the coming into operation of these Regulations, establish and maintain a register and shall make therein all such entries as may, from time to time, be required. (2) The purpose of the register is to— (a) identify end-of-waste substances or objects being produced, (b) support enforcement and market surveillance by making competent authorities aware of the production of end-of-waste substances or objects within their areas of remit, (c) support green procurement, and (d) provide for transparency. (3) The register shall be— (a) maintained in electronic form, and (b) published on a website maintained by the Agency. (4) Each entry on the register shall contain the following information: (a) the name and contact details of the producer; (b) the relevant waste authorisation reference number; (c) the name of the authority that issued the relevant waste authorisation; (d) the reference number of the end-of-waste decision being utilised; (e) the end-of-waste material being produced; (f) such other details as the Agency may reasonably require having had regard to its functions under these Regulations. (5) Every document purporting to be a copy of an entry in a register and purporting to be certified by an officer of the Agency to be a true copy of the entry shall, without proof of the signature of the person purporting so to certify or that he or she was such an officer, be received in evidence in any legal proceedings and shall, until the contrary is proved, be deemed to be a true copy of the entry and to be evidence of the terms of the entry. (6) Evidence of an entry in the register may be given by production of a copy thereof certified pursuant to this Regulation and it shall not be necessary to produce the register itself. (7) (a) The Agency may keep a register under this Regulation otherwise than in legible form so that the register is capable of being used to make a legible copy or reproduction of any entry in the register. (b) References in this Regulation to a copy of an entry in the register shall be construed as including references to such a legible copy or reproduction. Entries on register 9. (1) A producer of an end-of-waste substance or object shall register the production of end-of-waste substances or objects on the register. (2) Where a producer produces an end-of-waste substance or object under more than one waste authorisation or more than one end-of-waste decision, a separate registration under this Regulation shall be made on the register in respect of each authorisation or decision, as the case may be. (3) Registration under this Regulation shall be in a form and format as required by the Agency which shall be published and available on its website from time to time. (4) The Agency may remove an entry on the register where— (a) a producer that has ceased to produce end-of-waste substances or objects in accordance with an existing registration has advised the Agency in writing to remove their entry as producer from the register, (b) the associated end-of-waste decision has been withdrawn or revoked, (c) the waste authorisation under which the end-of-waste substance or object is produced is no longer valid, or (d) in the event of error or inaccuracy in the registration details. Part 5 Confidential Information 10. (1) Where a notifier gives a notification or otherwise provides, in pursuance of these Regulations, information to which access may be refused under Regulation 8 or 9(1) of the European Communities (Access to Information on the Environment) Regulations 2007 ( S.I. No. 133 of 2007 ), and requests that specified information should be treated by the Agency as confidential information, verifiable justification for that request shall be given by the notifier. (2) (a) Where a request mentioned in paragraph (1) is made, the Agency shall, following consultation with the notifier, decide which information, if any, shall be treated as confidential information and shall inform the notifier of its decision. (b) In making a decision under subparagraph (a), the Agency shall consider whether the public interest would, on balance, be better served by refusing to treat any or all of the information as confidential information. (3) (a) Where information is provided further to a notification under Regulation 3, the Agency shall comply with the provisions of Regulation 6 in respect of that notification not less than 14 days after the date of informing the notifier of its decision on a request under paragraph (1), other than where the notifier decides not to proceed with the notification and informs the Agency in writing accordingly within the said 14 days. (b) Where information is provided in response to a request made under Regulation 7(3) the Agency shall comply with the provisions of Regulation 7 not less than 14 days after the date of informing the notifier of its decision on a request under paragraph (1), other than where the notifier decides not to proceed with the notification and informs the Agency in writing accordingly within the said 14 days. (4) Without prejudice to paragraph (3) or (5), the Agency shall not decide that any of the following shall be confidential information: (a) the name and address of the notifier of any waste facility address concerned; (b) the registered organisational address and contact details of the notifier; (c) the details of any waste authorisation concerned, including its reference number and expiry date; (d) the description and intended uses of the substance or material concerned; (e) a decision and its associated criteria; (f) the status of registration; (g) details of any relevant environmental, or human health, risk or impact assessment; (h) a list of the relevant waste codes for input. (5) If, before the Agency has reached a decision as to whether information should be treated as confidential information or within 14 days from the date of such decision, the notifier decides not to proceed with the notification and informs the Agency accordingly, the Agency shall treat the information in respect of which the request was made as confidential information. (6) The provisions of this Regulation shall not prevent disclosure by the Agency of information to the Minister, the Commission or the competent authority of a Member State, other than the State, for the purposes of the Waste Directive. Part 6 Offences and penalties 11. (1) A person who— (a) deliberately, or (b) carelessly, provides false or misleading information in one, or more, of the following: (i) a notification made under Regulation 3; (ii) information provided in response to a request made under Regulation 7; (iii) a registration made under Regulation 9; (iv) an annual report made under Regulation 13, commits an offence. (2) A person who declares that waste has ceased to be waste, where the relevant end-of-waste criteria have not been demonstrated to have been fulfilled following recovery of waste, commits an offence. 12. A person who commits an offence under Regulation 11(1) or (2) shall be liable to the penalties under section 10(1) of the Principal Act. Part 7 Annual reporting Annual Reporting 13. (1) A registered producer shall report to the Agency, not later than 12 months after the date of the coming into operation of these Regulations, and thereafter not later than 31st March in each subsequent year, in the form and format as may be prescribed by the Agency from time to time. (2) The report under paragraph (1) shall— (a) relate to the immediately preceding calendar year, and (b) include the following: (i) the name and contact details of the producer; (ii) the relevant waste authorisation reference number; (iii) the name of the authority that issued the relevant waste authorisation; (iv) the reference number of the end-of-waste decision being utilised; (v) the end-of-waste object or material being produced; (vi) the tonnages of waste material used in the production of the end-of-waste substance or object under the relevant decision; (vii) a list of waste codes for material mentioned in clause (vi); (viii) the tonnages of end-of-waste material produced in the time period to which the annual report relates; (ix) such other details as the Agency may reasonably require having had regard to its functions under these Regulations, the Regulations of 2011 and the Principal Act. Part 8 Final Provision Service of notices 14. (1) Where a notice under these Regulations is required to be issued to a person, it shall be in writing addressed to the person concerned and given to the person in one of the following ways: (a) by delivering it to the person; (b) by leaving it at the address at which the person ordinarily carries on business; (c) by sending it by pre-paid registered post addressed to the person at the address at which the person ordinarily carries on business; (d) if an address for the service of notices under these Regulations has been furnished by the person, by leaving it at, or sending it by pre-paid registered post addressed to that person at that address; (e) by sending it by means of electronic mail or a facsimile machine, to a device or facility for the reception of electronic mail or facsimiles located at the address at which the person concerned carries on business or, if an electronic address or facsimile number for the service of notices has been furnished by the person concerned, that electronic address or facsimile machine, but only if— (i) the recipient’s facility for the reception of electronic mail generates a message confirming a receipt of the electronic mail, or (ii) the sender’s facsimile machine generates a message confirming successful delivery of the total number of pages of the notice or direction; and it is also given in one of the other ways mentioned in subparagraphs (a) to (d). Companies Act 2014 , is deemed to be ordinarily resident at its registered office, and every corporate body and every unincorporated body of persons is deemed to be ordinarily resident at its principal office or place of business. Regulations 4(1) & 7(9) Part 1 Fees for notifications End-of-Waste Decision Fees Material intended to be used in direct contact with the environment Material not intended to be used in direct contact with the environment National Decisions Single-Case Decisions Part 2 Other Fees Technical/Clerical Amendment GIVEN under my Official Seal, 21 November, 2024. EAMON RYAN, Minister for the Environment, Climate and Communications. EXPLANATORY NOTE This note is not part of the Instrument and does not purport to be a legal interpretation. These Regulations provide for the form of notification to the Environmental Protection Agency in respect of End-of-Waste decisions, the charging of fees by the Agency, and related matters. 1 OJ No. L 312, 22.11.2008, p. 3. 2 OJ No. L 170, 25.06.2019, p. 1. OJ No. L 241, 17.09.2015, p. 1. OJ No. L 241, 17.09.2015, p. 1. OJ No. L 241, 17.09.2015, p. 1.