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the making
this Statutory Instrument was published in “Iris Oifigiúil”
1st September, 2020. TABLE
CONTENTS PART 1 PRELIMINARY PROVISIONS
Regulations Part 2 AMENDMENTS TO ACT
1996 4. Amendment to section 3
the Act
1996 5. Amendment to section 4
the Act
1996 6 to 7. Amendments to section 4
the Act
1996 8. Amendment to section 21A
the Act
1996 9. Amendments to section 22
the Act
1996 10. Replacement
section 27A
the Act
1996 11. Insertion
section 27B into the Act
1996 12. Amendment to section 29
the Act
1996 13. Replacement
section 31A
the Act
1996 14. Insertion
Sixth and Seventh Schedules into the Act
AMENDMENTS TO REGULATIONS
2011 15. Amendment to Regulation 27
the Regulations
2011 16. Amendment to regulation 28
the Regulations
2011 17. Amendment to Regulation 29 in the Regulations
2011 18. Amendment to Regulation 30 in the Regulations
2011 19. Insertion
Regulation 30A to the Regulations
2011 20. Amendment to Regulation 31 in the Regulations
2011 21. Insertion
Regulation 31A in the Regulations
2011 22. Amendment
Regulation 34 in the Regulations
2011 23. Replacement
Regulation 36 in the Regulations
2011 24. Replacement
Regulation 37 in the Regulations
2011 25. Replacement
Regulation 38 in the Regulations
2011 26. Replacement
Regulation 45 in the Regulations
2011 27. Amendment to Regulation 50 in the Regulations
2011 28. Replacement
Regulation 52 in the Regulations
2011 I, EAMON RYAN Minister for Communications, Climate Action and Environment, in exercise
the powers conferred on me by section 3
the European Communities Act 1972 (No. 27
1972) and for the purpose
giving effect to Directive 2018/8511
the European Parliament and
the Council
30 May 2018 on waste and amending certain Directives, hereby make the following Regulations: Citation 1. (
2011 shall be construed together as one and may be collectively cited as the European Union (Waste Directive) Regulations 2011-2020. Interpretation - general 2.
1992’ means the Environmental Protection Agency Act 1992 (No. 7
1992); ‘Act
1996’means the Waste Management Act 1996 (No. 10
1996); ‘Regulations
2011’ means the European Communities (Waste Directive) Regulations 2011 ( S.I. No. 126
2011 ); ‘Waste Directive’ means Directive 2018/851
the European Parliament and
the Council
30 May 2018 on waste and amending certain Directives ‘Packaging Directive’ means Directive 2018/8522 amending Directive 94/62/EC3 on packaging and packaging waste ‘Landfill Directive’ means Directive 2018/8504 amending Directive 1999/31/EC5 on the landfill
waste ‘Batteries Directive’ means Directive 2006/66/EC6 on batteries and accumulators and waste batteries and accumulators as amended by Directive 2018/849.7 ‘WEEE Directive’ means Directive 2012/19/EU8 on waste electrical and electronic equipment as amended by Directive 2018/849. ‘ELV Directive’ means Directive 2000/53/EC9 on end-
-life vehicles as amended by Directive 2018/849. Purpose
Regulations 3. The purposes for which these Regulations are made include the purpose
giving effect to provisions
the Waste Directive and partial effect to the Batteries, ELV, WEEE, Packaging and Landfill Directive(s). The Regulations set out additional measures to protect the environment and human health by preventing or reducing the generation
waste, the adverse impacts
the generation and management
waste and by reducing overall impacts
resource use and improving the efficiency
such use, which are crucial for the transition to a circular economy and long-term competitiveness. PART 2 AMENDMENTS TO ACT
1996 Amendment to section 3
the Act
1996 4. The Act
1996 is amended by insertion
the following after subsection 2(d): “(e) substances that are destined for use as feed materials as defined in point (g)
Regulation (EC)No 767/200910
the European Parliament and
the Council and that do not consist
or contain animal by-products.” Amendment to section 4
the Act
1996 5. The following definitions are added to section 4
the Act
1996: “‘non-hazardous waste’ means waste which is not covered by the definition
hazardous waste.” Amendment to section 5
the Act
1996 6. Section 5
the Act
1996 is amended by the replacement
the definitions
‘bio-waste’, ‘prevention’ and ‘waste management’ with the following: “‘bio-waste’ means biodegradable garden and park waste, food and kitchen waste from households,
fices, restaurants, wholesale, canteens, caterers and retail premises and comparable waste from food processing plants; ‘waste management’ means the collection, transport, recovery including sorting, and disposal
waste, including the supervision
such operations and the after-care
disposal sites, and including actions taken as a dealer or broker; ‘prevention’ means measures taken before a substance, material or product has become waste, that reduce: (a) the quantity
waste, including through the re-use
products or the extension
the life span
products; (b) the adverse impacts
the generated waste on the environment and human health; or (c) the content
hazardous substances in materials and products;” 7. Section 5
the Act
1996 is amended by the insertion
the following definitions for ‘backfilling’, ‘extended producer responsibility’, ‘material recovery’ ,‘municipal waste’, ‘construction and demolition waste’ and ‘food waste’ : “‘municipal waste’ means: (
-life vehicles or construction and demolition waste. This definition is without prejudice to the allocation
responsibilities for waste management between public and private actors; ‘construction and demolition waste’ means waste generated by construction and demolition activities; ‘food waste’ means all food as defined in Article 2
Regulation (EC) No 178/200211
the European Parliament and
the Council that has become waste; ‘material recovery’ means any recovery operation, other than energy recovery and the reprocessing into materials that are to be used as fuels or other means to generate energy. It includes, inter alia, preparing for re-use, recycling and backfilling; ‘backfilling’ means any recovery operation where suitable non-hazardous waste is used for purposes
reclamation in excavated areas or for engineering purposes in landscaping. Waste used for backfilling must substitute non-waste materials, be suitable for the aforementioned purposes, and be limited to the amount strictly necessary to achieve those purposes; ‘extended producer responsibility scheme’ means a set
measures taken by Member States to ensure that producers
products bear financial responsibility or financial and organisational responsibility for the management
the waste stage
a product’s life cycle. ‘the Regulations
2020’ means the European Union (Waste Directive) Regulations 2020 ( S.I. No. 323
2020 ); ” Amendment to section 21A
the Act
1996 (Waste hierarchy) 8. Section 21A
the Act
1996 is amended with the insertion
the following after paragraph
economic instruments and other measures to provide incentives for the application
the waste hierarchy, such as those indicated in the Sixth Schedule or other appropriate instruments and measures.
-life vehicles, 2006/66/EC on batteries and accumulators and waste batteries and accumulators, and 2012/19/EU on waste electrical and electronic equipment, the Minister may also make use
the economic instruments and measures referred to under sub-paragraph
the Act
1996 (Waste management plans.) 9.
the planning area, at least the following: (i) (I) the type, quantity and source
waste generated within the territory, the waste likely to be shipped from or to the national territory, and an evaluation
the development
waste streams in the future; and (II) a requirement that, in order to fulfil this obligation, liaison shall be undertaken, as appropriate, with the Minister, the Agency, Dublin City Council and other relevant local authorities; (ii) existing major disposal and recovery installations, including any special arrangements for waste oils, hazardous waste, waste containing significant amounts
critical raw materials, or waste streams addressed by specific Union legislation; (iii) an assessment
the need for closure
existing waste installations, and for additional waste installation infrastructure in accordance with section 37A. The Minister shall ensure that an assessment
the investments and other financial means, including for local authorities, required to meet those needs is carried out. This assessment shall be included in the relevant waste management plans or in other strategic documents covering the entire territory
the State ;’ (iv) information on the measures to attain the objective laid down in Article 5
Directive 1999/31/EC or in other strategic documents covering the entire territory
the Member State concerned; (v) an assessment
existing waste collection schemes, including the material and territorial coverage
separate collection and measures to improve its operation,
any derogations granted in accordance with Article 10
the Waste Directive, and
the need for new collection schemes; (vi) sufficient information on the location criteria for site identification and on the capacity
future disposal or major recovery installations, if necessary; (vii) general waste management policies, including planned waste management technologies and methods, or policies for waste posing specific management problems; (viii) measures to combat and prevent all forms
littering and to clean up all types
litter; (ix) appropriate qualitative or quantitative indicators and targets, including on the quantity
generated waste and its treatment and on municipal waste that is disposed
or subject to energy recovery. (x) information as respects the integration and implementation
measures consequential on, or incidental to, the requirements
section 27A in relation to waste prevention programmes; (xi) the measures taken by the Minister to give effect to Article 22
the Waste Directive in relation to bio-waste.”
European Parliament and Council Directive 94/62/EC
20 December 1994 on packaging and packaging waste, and the strategy for the implementation
the reduction
biodegradable waste going to landfills, referred to in Article 5
Council Directive 1999/31/EC
26 April 1999 on the landfill
waste as well as national legislation and policy on biodegradable waste.” Replacement
section 27A
the Act
1996 (Prevention
waste) 10. Section 27A
the Act
1996 is replaced with the following: “Prevention
waste 27A.
the Government concerned shall take measures to prevent waste generation. Those measures shall, at least, include those described in Article 9
the Waste Directive.
the waste prevention measures referred to in para
waste that is generated.
measures on re-use by measuring re-use on the basis
the common methodology established by the implementing act referred to in Article 9
the Waste Directive as from the first full calendar year after the adoption
that implementing act.
national food waste prevention measures by measuring the levels
food waste on the basis
the methodology established by the delegated act referred to in Article 9
the Waste Directive as from the first full calendar year after the adoption
that delegated act.
an article as defined in point 33
Regulation (EC) No 1907/200612
the European Parliament and
the Council provides the information pursuant to Article 33
that Regulation to the European Chemicals Agency as from 5 January 2021 using the format(
section 27B into the Act
1996 (Waste prevention programmes) 11. Section 27B is inserted into the Act
1996 as follows: “Waste prevention programmes 27B.
the Waste Directive. Such programmes shall be integrated either into the waste management plans required under Section 28 or into other environmental policy programmes, as appropriate, or shall function as separate programmes. If any such programme is integrated into the waste management plan or into those other programmes, the waste prevention objectives and measures shall be clearly identified.
instruments and measures listed in the Sixth Schedule to waste prevention and shall evaluate the usefulness
the examples
measures indicated the First Schedule or other appropriate measures. The programmes shall also describe existing waste prevention measures and their contribution to waste prevention.
such objectives and measures shall be to break the link between economic growth and the environmental impacts associated with the generation
waste.
6 years after the date
making
a waste prevention programme, evaluate the plan and make such revisions to it, in accordance with Article 9
the Waste Directive and Regulation 31
the Regulations
2011, as it thinks fit and references in Part II and this Part to such a plan shall, unless the context otherwise requires, be construed as including references to such a plan as so revised.
a waste prevention programme or programmes or
any revisions thereto, the Agency shall— (a) cause to be published in at least one national newspaper a notice
that fact and
the means by which a copy
the plan, as made or revised, may be obtained by members
the public at a cost not exceeding the reasonable cost
making a copy, and (b) furnish a copy
the plan, as made or revised, to the Minister and each local authority, and any other public authority which in the opinion
the Agency has an interest in the programme or programmes.
the programme.” Amendment to section 29
the Act
1996 (Measures related to recovery
waste.) 12. Section 29
the Act
1996 is amended as follows: (
waste producers and holders to ensure that waste undergoes preparing for re-use, recycling or other recovery operations in accordance with sections 21A and 32
an
fence. (c) The Agency and the local authorities, in carrying out their functions under this Act and related waste management legislation and policy, shall take the necessary measures to ensure that waste undergoes recovery operations in accordance with this section and sections 21A and 32
the following subsections after subsection (2B) “(2C) The Agency and the local authorities may allow derogations from subsection (2B) provided that at least one
the following conditions is met: (a) collecting certain types
waste together does not affect their potential to undergo preparing for re-use, recycling or other recovery operations in accordance with section 21A and results in output from those operations which is
comparable quality to that achieved through separate collection; (b) separate collection does not deliver the best environmental outcome when considering the overall environmental impacts
the management
the relevant waste streams; (
adverse environmental and health impacts
mixed waste collection and treatment, the potential for efficiency improvements in waste collection and treatment, revenues from sales
secondary raw materials as well as the application
the polluter-pays principle and extended producer responsibility. The Agency and the local authorities shall regularly review derogations under this paragraph taking into account good practices in separate collection
waste and other developments in waste management. (2D) The Agency and the local authorities shall take measures to ensure that waste that has been separately collected for preparing for re-use and recycling pursuant to Article 11
the Waste Directive is not incinerated, with the exception
waste resulting from subsequent treatment operations
the separately collected waste for which incineration delivers the best environmental outcome in accordance with section 21A. (2E) Where necessary to comply with subsection (2A) and to facilitate or improve recovery, waste producers and holders shall take the necessary measures, before or during recovery, to remove hazardous substances, mixtures and components from hazardous waste with a view to their treatment in accordance with sections 21A and 32
this Section as regards municipal waste and bio-waste, including on the material and territorial coverage
separate collection and any derogations under (2C).” Replacement
section 31A
the Act
1996 13. Section 31A in the Act
1996 is replaced as follows: “Costs 31A.
waste management, including for the necessary infrastructure and its operation, shall be borne by the original waste producer or by the current or previous waste holders.
2020, the Minister or any Minister
the Government concerned, may decide that the costs
waste management are to be borne partly or wholly by the producer
the product from which the waste came and that the distributors
such product may share these costs.” Addition
Sixth and Seventh Schedules 14. The Act
1996 is amended by adding the following Schedules after the Fifth Schedule. “SIXTH SCHEDULE EXAMPLES
ECONOMIC INSTRUMENTS AND OTHER MEASURES TO PROVIDE INCENTIVES FOR THE APPLICATION
THE WASTE HIERARCHY REFERRED TO IN ARTICLE 4
THE WASTE DIRECTIVE 1. Charges and restrictions for the landfilling and incineration
waste which incentivise waste prevention and recycling, while keeping landfilling the least preferred waste management option; 2. ‘Pay-as-you-throw’ schemes that charge waste producers on the basis
the actual amount
waste generated and provide incentives for separation at source
recyclable waste and for reduction
mixed waste; 3. Fiscal incentives for donation
products, in particular food; 4. Extended producer responsibility schemes for various types
waste and measures to increase their effectiveness, cost efficiency and governance; 5. Deposit-refund schemes and other measures to encourage efficient collection
used products and materials; 6. Sound planning
investments in waste management infrastructure, including through Union funds; 7. Sustainable public procurement to encourage better waste management and the use
recycled products and materials; 8. Phasing out
subsidies which are not consistent with the waste hierarchy; 9. Use
fiscal measures or other means to promote the uptake
products and materials that are prepared for re-use or recycled;
best available techniques for waste treatment;
THE WASTE DIRECTIVE The implementation plan to be submitted pursuant to Article 11
the past, current and projected rates
recycling, landfilling and other treatment
municipal waste and the streams
which it is composed; 2. assessment
the implementation
waste management plans and waste prevention programmes in place pursuant to Articles 28 and 29; 3. reasons for which the Member State considers that it might not be able to attain the relevant target laid down in Article 11
the time extension necessary to meet that target; 4. measures necessary to attain the targets set out in Article 11
the waste hierarchy as set out in Article 4
the measures identified in point 4, determination
the body competent for their implementation and an assessment
their individual contribution to attaining the targets applicable in the event
a time extension;
the Regulations
2011 (By-Products) 15. Regulation 27
the Regulations
2011 is replaced as follows: “By-products 27.
which is not the production
that substance or object is considered not to be waste, but to be a by-product if the following conditions are met: (a) further use
the substance or object is certain; (
a production process; and (d) further use is lawful in that the substance or object fulfils all relevant product, environmental and health protection requirements for the specific use and will not lead to overall adverse environmental or human health impacts.
a substance or object and the substance or object, as the case may be, is discarded or otherwise dealt with as if it were waste, the substance or object, as the case may be, shall be presumed to be waste until the contrary is proved.
the determination made. (c) may attach reporting conditions to a determination, pursuant to regulation 31a.
1992 or the Act
1996.
by-products to record substances or objects notified to it as by-products under paragraph
the conditions laid down in paragraph 1 to specific substances or objects. The Agency shall notify the Commission
those detailed criteria in accordance with Directive (EU) 2015/153513
the European Parliament and
the Council where so required by that Directive.” Amendment to regulation 28
the Regulations
2011 (End-
-Waste status) 16. Regulation 28
the Regulations
2011 is replaced as follows: “End-
-waste status 28
the substance or object will not lead to overall adverse environmental or human health impacts.
the conditions laid down in paragraph 1 to certain types
waste. Those detailed criteria shall take into account any possible adverse environmental and human health impacts
the substance or object and shall satisfy the following requirements: (
-waste materials resulting from the recovery operation in line with the applicable product standards, including limit values for pollutants where necessary; (d) requirements for management systems to demonstrate compliance with the end-
-waste criteria, including for quality control and self-monitoring, and accreditation, where appropriate; and (e) a requirement for a statement
conformity. The Agency shall notify the Commission
those criteria in accordance with Directive (EU) 2015/1535 where so required by that Directive.
the conditions laid down in paragraph 1 and, where necessary, reflecting the requirements laid down in points (a) to (e)
paragraph 2, and taking into account limit values for pollutants and any possible adverse environmental and human health impacts. Such case-by-case decisions are not required to be notified to the Commission in accordance with Directive (EU) 2015/1535. The Agency may make information about case-by-case decisions and about the results
verification publicly available by electronic means.
-waste status, he or she shall promptly notify the Agency and seek a decision on the matter from the Agency. In order to establish end-
-waste status under sub-paragraphs
2011 (List
waste) 17. Regulation 29
the Regulations
2011 is replaced as follows: “
waste, if it displays one or more
the properties listed in the Second Schedule to the Act
1996. (b) The Agency shall notify the Minister who shall notify the Commission
any such cases without delay and provide the Commission with all relevant information. ” Amendment to Regulation 30 in the Regulations
2011 (Extended Producer Responsibility)
extended producer responsibility schemes, the general minimum requirements laid down in Regulation 30A shall apply. (e) The Minister or any Minister
the Government concerned may decide that producers
products that undertake financial or financial and organisational responsibilities for the management
the waste stage
a product’s life cycle
their own accord should apply some or all
the general minimum requirements laid down in Regulation 30A.
the Government concerned may take appropriate measures to encourage the design
products and components
products in order to reduce their environmental impacts and the generation
waste in the course
the production and subsequent use
products, and in order to ensure that the recovery and disposal
products that have become waste take place in accordance with sections 21A and 32
the Act
1996 and Regulation 32. (b) Such measures may encourage, inter alia, the development, production and marketing
products and components
products that are suitable for multiple use, that contain recycled materials, that are technically durable and easily reparable and that are, after having become waste, suitable for preparing for re-use and recycling in order to facilitate proper implementation
the waste hierarchy. The measures shall take into account the impact
products throughout their life cycle, the waste hierarchy and, where appropriate, the potential for multiple recycling;
the Government concerned shall take into account the technical feasibility and economic viability and the overall environmental, human health and social impacts, respecting the need to ensure the proper functioning
the internal market
the European Union.
the Act
1996 and without prejudice to existing waste stream specific and product specific legislation.” Addition
Regulation 30A to the Regulations
2011 (General minimum requirements for extended producer responsibility schemes) 19. Regulation 30A is inserted into the Regulations
2011, following Regulation 30, as follows “General minimum requirements for extended producer responsibility schemes 30A.
the Union, the Minister or any Minister
the Government concerned shall: (a) define in a clear way the roles and responsibilities
all relevant actors involved, including producers
products placing products on the market
the State, organisations implementing extended producer responsibility obligations on their behalf, private or public waste operators, local authorities and, where appropriate, re-use and preparing for re-use operators and social economy enterprises; (b) in line with the waste hierarchy, set waste management targets, aiming to attain at least the quantitative targets relevant for the extended producer responsibility scheme as laid down in the Waste Directive, 94/62/EC, Directive 2000/53/EC, Directive 2006/66/EC and Directive 2012/19/EU
the European Parliament and
the Council , and set other quantitative targets and/or qualitative objectives that are considered relevant for the extended producer responsibility scheme; (c) ensure that a reporting system is in place to gather data on the products placed on the market
the State by the producers
products subject to extended producer responsibility and data on the collection and treatment
waste resulting from those products specifying, where appropriate, the waste material flows, as well as other data relevant for the purposes
point (b); (d) ensure equal treatment
producers
products regardless
their origin or size, without placing a disproportionate regulatory burden on producers, including small and medium-sized enterprises,
small quantities
products.
the Government concerned shall take the necessary measures to ensure that the waste holders targeted by the extended producer responsibility schemes established in accordance with Regulation 30, are informed about waste prevention measures, centres for re-use and preparing for re-use, take-back and collection systems, and the prevention
littering. The Minister or any Minister
the Government concerned shall also take measures to create incentives for the waste holders to assume their responsibility to deliver their waste into the separate collection systems in place, notably, where appropriate, through economic incentives or regulations.
the Government concerned shall take the necessary measures to ensure that any producer
products or organisation implementing extended producer responsibility obligations on behalf
producers
products: (a) has a clearly defined geographical, product and material coverage without limiting those areas to those where the collection and management
waste are the most profitable; (b) provides an appropriate availability
waste collection systems within the areas referred to in point (a); (
paragraph 4; (ii) the quality
data collected and reported in accordance with point (c)
paragraph 1
this Regulation and with the requirements
Regulation (EC) No 1013/2006; (e) makes publicly available information about the attainment
the waste management targets referred to in point (b)
paragraph 1, and, in the case
collective fulfilment
extended producer responsibility obligations, also information about: (
products per unit sold or per tonne
product placed on the market; and (iii) the selection procedure for waste management operators.
the Government concerned shall take the necessary measures to ensure that the financial contributions paid by the producer
the product to comply with its extended producer responsibility obligations: (a) cover the following costs for the products that the producer puts on the market in the State: — costs
separate collection
waste and its subsequent transport and treatment, including treatment necessary to meet the Union waste management targets, and costs necessary to meet other targets and objectives as referred to in point (b)
paragraph 1, taking into account the revenues from re-use, from sales
secondary raw material from its products and from unclaimed deposit fees, — costs
providing adequate information to waste holders in accordance with paragraph 2, — costs
data gathering and reporting in accordance with point (c)
paragraph 1. This point shall not apply to extended producer responsibility schemes established pursuant to Directive 2000/53/EC, 2006/66/EC or 2012/19/EU; (b) in the case
collective fulfilment
extended producer responsibility obligations, are modulated, where possible, for individual products or groups
similar products, notably by taking into account their durability, reparability, re-usability and recyclability and the presence
hazardous substances, thereby taking a life-cycle approach and aligned with the requirements set by relevant Union law, and where available, based on harmonised criteria in order to ensure a smooth functioning
the internal market; and (c) do not exceed the costs that are necessary to provide waste management services in a cost-efficient way. Such costs shall be established in a transparent way between the actors concerned. Where justified by the need to ensure proper waste management and the economic viability
the extended producer responsibility scheme, the Minister or any Minister
the Government concerned may depart from the division
financial responsibility as laid down in point (a), provided that: (i) in the case
extended producer responsibility schemes established to attain waste management targets and objectives established under legislative acts
the Union, the producers
products bear at least 80 %
the necessary costs; (ii) in the case
extended producer responsibility schemes established on or after 4 July 2018 to attain waste management targets and objectives solely established in national legislation, the producers
products bear at least 80 %
the necessary costs; (iii) in the case
extended producer responsibility schemes established before 4 July 2018 to attain waste management targets and objectives solely established in national legislation, the producers
products bear at least 50 %
the necessary costs, and provided that the remaining costs are borne by original waste producers or distributors. This derogation may not be used to lower the proportion
costs borne by producers
products under extended producer responsibility schemes established before 4 July 2018.
the Government concerned shall establish an adequate monitoring and enforcement framework with a view to ensuring that producers
products and organisations implementing extended producer responsibility obligations on their behalf implement their extended producer responsibility obligations, including in the case
distance sales, that the financial means are properly used and that all actors involved in the implementation
the extended producer responsibility schemes report reliable data. Where, in the territory
the State, multiple organisations implement extended producer responsibility obligations on behalf
producers
products, the Minister or any Minister
the Government concerned shall appoint at least one body independent
private interests or entrust a public authority to oversee the implementation
extended producer responsibility obligations. The Minister or any Minister
the Government concerned shall allow the producers
products established in another Member State and placing products on the market
the State to appoint a legal or natural person established in the State as an authorised representative for the purposes
fulfilling the obligations
a producer related to extended producer responsibility schemes. For the purposes
monitoring and verifying compliance with the obligations
the producer
the product in relation to extended producer responsibility schemes, the Minister or any Minister
the Government concerned may lay down requirements, such as registration, information and reporting requirements, to be met by a legal or natural person to be appointed as an authorised representative on their territory.
the Government concerned shall ensure a regular dialogue between relevant stakeholders involved in the implementation
extended producer responsibility schemes, including producers and distributors, private or public waste operators, local authorities, civil society organisations and, where applicable, social economy actors, re-use and repair networks and preparing for re-use operators.
the Government concerned shall take measures to ensure that extended producer responsibility schemes that have been established before 4 July 2018, comply with this regulation by 5 January 2023.
information to the public under this regulation shall be without prejudice to preserving the confidentiality
commercially sensitive information in conformity with the relevant Union and national law.” Amendment to Regulation 31 in the Regulations
2011 (Preparing for re-use and recycling) 20. Regulation 31
2011 is replaced as follows: “Preparing for re-use and recycling 31.
, and support for, preparing for re-use and repair networks, by facilitating, where compatible with proper waste management, their access to waste held by collection schemes or facilities, that can be prepared for re-use, but is not destined for preparing for re-use by those schemes or facilities, and by promoting the use
economic instruments, procurement criteria, quantitative objectives or other measures. (b) The Minister, the Agency or the local authorities shall, in carrying out their respective functions under the Act
1996, take measures to promote high-quality recycling and, to this end, subject to section 29(2B) and 29(2C)
the act
1996, shall set up separate collection
waste. (c) Subject to section 29(2B) and 29(2C)
the act
1996, separate collection shall be set up at least for paper, metal, plastic and glass, and, by 1 January 2025, for textiles. (d) The Minister, the Agency or the local authorities shall, in carrying out their respective functions under the Act
1996, take measures to promote selective demolition in order to enable removal and safe handling
hazardous substances and facilitate re-use and high-quality recycling by selective removal
materials, and to ensure the establishment
sorting systems for construction and demolition waste at least for wood, mineral fractions (concrete, bricks, tiles and ceramics, stones), metal, glass, plastic and plaster.
the Waste Directive, and move to a European circular economy with a high level
resource efficiency, the Minister, the Agency or the local authorities shall, in carrying out their respective functions under the Act
1996, shall take the necessary measures designed to achieve the following targets: (a) by 2020, the preparing for re-use and the recycling
waste materials such as at least paper, metal, plastic and glass from households and possibly from other origins as far as these waste streams are similar to waste from households, shall be increased to a minimum
overall 50 % by weight; (b) by 2020, the preparing for re-use, recycling and other material recovery, including backfilling operations using waste to substitute other materials,
non-hazardous construction and demolition waste excluding naturally occurring material defined in category 17 05 04 in the list
waste shall be increased to a minimum
70 % by weight; (c) by 2025, the preparing for re-use and the recycling
municipal waste shall be increased to a minimum
55 % by weight; (d) by 2030, the preparing for re-use and the recycling
municipal waste shall be increased to a minimum
60 % by weight; (e) by 2035, the preparing for re-use and the recycling
municipal waste shall be increased to a minimum
65 % by weight.” Addition
Regulation 31A in the Regulations
2011 (Rules on the calculation
the attainment
the targets) 21. Regulation 31A is added to the Regulations
2011 as follows “Rules on the calculation
the attainment
the targets 31A.
calculating whether the targets laid down in points 2 (c), (d) and (e)
Regulation 31 have been attained: (a) the Agency shall calculate the weight
the municipal waste generated and prepared for re-use or recycled in a given calendar year; (b) the weight
the municipal waste prepared for re-use shall be calculated as the weight
products or components
products that have become municipal waste and have undergone all necessary checking, cleaning or repairing operations to enable re-use without further sorting or pre-processing; (c) the weight
the municipal waste recycled shall be calculated as the weight
waste which, having undergone all necessary checking, sorting and other preliminary operations to remove waste materials that are not targeted by the subsequent reprocessing and to ensure high-quality recycling, enters the recycling operation whereby waste materials are actually reprocessed into products, materials or substances.
point (c)
paragraph 1, the weight
the municipal waste recycled shall be measured when the waste enters the recycling operation. By way
derogation from the first subparagraph, the weight
municipal waste recycled may be measured at the output
any sorting operation provided that: (
materials or substances that are removed by further operations preceding the recycling operation and are not subsequently recycled is not included in the weight
waste reported as recycled.
1996 shall establish an effective system
quality control and traceability
municipal waste to ensure that the conditions laid down in point (c)
paragraph 1
this Regulation and in paragraph 2
this Regulation are met. To ensure the reliability and accuracy
the data gathered on recycled waste, the system may consist
electronic registries set up pursuant to Regulation 45
sorted waste, or average loss rates for sorted waste for various waste types and waste management practices respectively. Average loss rates shall only be used in cases where reliable data cannot be obtained otherwise and shall be calculated on the basis
the calculation rules established in the delegated act adopted pursuant to paragraph 10
the Waste Directive.
calculating whether the targets laid down in points 2 (c), (d) and (e)
Regulation 31 have been attained, the amount
municipal biodegradable waste that enters aerobic or anaerobic treatment may be counted as recycled where that treatment generates compost, digestate, or other output with a similar quantity
recycled content in relation to input, which is to be used as a recycled product, material or substance. Where the output is used on land, this may be counted as recycled only if this use results in benefits to agriculture or ecological improvement. As from 1 January 2027, municipal bio-waste entering aerobic or anaerobic treatment may be counted as recycled only if, in accordance with Regulation 38, it has been separately collected or separated at source.
calculating whether the targets laid down in points 2 (c), (d) and (e)
Regulation 31 have been attained, the amount
waste materials that have ceased to be waste as a result
a preparatory operation before being reprocessed may be counted as recycled provided that such materials are destined for subsequent reprocessing into products, materials or substances to be used for the original or other purposes. However, end-
-waste materials to be used as fuels or other means to generate energy, or to be incinerated, backfilled or landfilled, shall not be counted towards the attainment
the recycling targets.
calculating whether the targets laid down in points 2 (c), (
metals separated after incineration
municipal waste provided that the recycled metals meet certain quality criteria laid down in the implementing act adopted pursuant to paragraph 9
the Waste Directive.
preparing for re-use, recycling or backfilling in that other Member State may be counted towards the attainment
the targets laid down in Regulation 31
the targets laid down in Regulation 31
paragraph 3
this Regulation are met and if, in accordance with Regulation (EC) No 1013/2006, the exporter can prove that the shipment
waste complies with the requirements
that Regulation and that the treatment
waste outside the Union took place in conditions that are broadly equivalent to the requirements
the relevant Union environmental law.” Amendment
Regulation 34 in the Regulations
2011(Ban on the mixing
hazardous waste) 22. Regulation 34 is amended by substituting the following subsection for subsection
paragraph
the Act
1996, that separation is carried out where technically feasible and necessary to comply with section 32
human health and the environment. Where separation is not required pursuant to the first subparagraph
this paragraph, the Agency and the local authorities shall ensure that the mixed waste is treated in a facility that has obtained a permit in accordance with section 39
the Act
1996 to treat such a mixture.” Replacement
Regulation 36 in the Regulations
2011 (Hazardous waste produced by households) 23. Regulation 36 in the Regulations
2011 is replaced as follows: “Hazardous waste produced by households 36.
1996, shall set up separate collection for hazardous waste fractions produced by households to ensure that they are treated in accordance with in accordance with sections 21A and 32
the Act
1996 and do not contaminate other municipal waste streams.
the Act
1996 and Regulations 33, 34, 35 and 45 shall not apply to mixed waste produced by households.
the Act
1996 and Regulations 35 and 45 shall not apply to separate fractions
hazardous waste produced by households until they are accepted for collection, disposal or recovery by an establishment or an undertaking which has obtained a waste licence or has been registered in accordance with section 39
the Act
1996 or Regulation 39.” Replacement
Regulation 37 in the Regulations
2011 (Waste Oils) 24. Regulation 37 in the Regulations
2011 is replaced as follows: “Waste oils 37. Without prejudice to the obligations related to the management
hazardous waste laid down in Regulations 34 and 35, the Agency and the local authorities and Dublin City Council shall, in carrying out their respective functions under the Act
1996, take the necessary measures to ensure that— ‘(
the Act
1996; (c) waste oils
different characteristics are not mixed and waste oils are not mixed with other kinds
waste or substances, if such mixing impedes their regeneration or another recycling operation delivering an equivalent or a better overall environmental outcome than regeneration.” Replacement
Regulation 38 in the Regulations
2011 (Bio-waste) 25. Regulation 38 in the Regulations
2011 is replaced as follows: “Bio-waste 38.
the act
1996, bio-waste is either separated and recycled at source, or is collected separately and is not mixed with other types
waste. The Agency and the local authorities may allow waste with similar biodegradability and compostability properties which complies with relevant European standards or any equivalent national standards for packaging recoverable through composting and biodegradation, to be collected together with bio-waste.
the Act
1996 to: (a) encourage the recycling, including composting and digestion,
bio-waste in a way that fulfils a high level
environment protection and results in output which meets relevant high-quality standards; (b) encourage home composting; and (c) promote the use
materials produced from bio-waste.” Replacement
Regulation 45 in the Regulations
2011 (Record keeping) 26. Regulation 45 in the Regulations
2011 is replaced as follows: “Record keeping 45.
the Act
1996, the producers
hazardous waste and the establishments and undertakings which collect or transport hazardous waste on a professional basis, or act as dealers and brokers
hazardous waste, shall keep a chronological record
: (a) the quantity, nature and origin
that waste and the quantity
products and materials resulting from preparing for re-use, recycling or other recovery operations; and (b) where relevant, the destination, frequency
collection, mode
transport and treatment method foreseen in respect
the waste. They shall make that data available to the local authorities, the Agency or Dublin City Council, as appropriate. through the electronic registry or registries to be established pursuant to paragraph 4
this Regulation.
establishments and undertakings transporting hazardous waste which shall keep such records for at least 12 months). (b) Documentary evidence that the management operations have been carried out shall be supplied by the establishment or undertaking concerned at the request
the local authorities, the Agency or Dublin City Council or
a previous holder.
non-hazardous waste to comply with paragraphs
reporting under Regulation 52.
the State. The Agency may establish such registries for other waste streams, in particular for those waste streams for which targets are set in legislative acts
the Union. The Agency shall use the data on waste reported by industrial operators in the European Pollutant Release and Transfer Register set up under Regulation (EC) No 166/2006
the European Parliament and
the Council.
an
fence.” Amendment to Regulation 50 in the Regulations
2011 (Enforcement and penalties) 27. The first para in Regulation 50 in the Regulations
2011 is replaced as follows: “50.
waste, including littering.” Replacement
Regulation 52 in the Regulations
2011 (Reporting) 28. Regulation 52 in the Regulations
2011 is replaced as follows: “Reporting 52
points (a) to (e)
the Waste Directive for each calendar year to the Commission.
verifying compliance with point (b)
the Waste Directive, the Minister shall report the amount
waste used for backfilling and other material recovery operations separately from the amount
waste prepared for re-use or recycled. The Minister shall report the reprocessing
waste into materials that are to be used for backfilling operations as backfilling. For the purposes
verifying compliance with points (c), (d) and (e)
the Waste Directive), the Minister shall report the amount
waste prepared for re-use separately from the amount
waste recycled.
the Waste Directive to the Commission every year.
the Waste Directive, including detailed information about the average loss rates where applicable.
the Waste Directive and shall be reported in formats for reporting established by the Commission in accordance with paragraph 7
this Article.
notification, including electronic means, as may be specified by the Agency for the purposes
compliance with this Regulation.
notification, including electronic means, as may be specified by the Agency for the purposes
compliance with this Regulation.” GIVEN under my
ficial Seal, 27 August 2020. EAMON RYAN Minister for Communications, Climate Action and Environment. EXPLANATORY NOTE (This note is not part
the Instrument and does not purport to be a legal interpretation.) These Regulations give effect to Directive 2018/851
the European Parliament and
the Council
30 May 2018 on Waste and amending certain Directives, referred to in these Regulations as the Waste Directive. The Regulations set out additional measures to protect the environment and human health by preventing or reducing the generation
waste, the adverse impacts
the generation and management
waste and by reducing overall impacts
resource use and improving the efficiency
such use, which are crucial for the transition to a circular economy and long-term competitiveness. Earlier iterations
the Waste Directive have been primarily transposed by the Waste Management Act 1996 and by the European Communities (Waste Directive) Regulations 2011. Therefore, these Regulations primarily consist
amendments to these two pieces
legislation. The following table indicates how the Directive is transposed- also noting where aspects which are the responsibility
the Commission are not transposed. Article
Directive 2008/98/EC as amended by Directive 2018/851 Transposed by Regulation Article 1 (Subject Matter and Scope) Regulation 3 (Purpose
Regulations) Article 2 (Exclusions from Scope) Regulation 4 (amending Section
the Act
1996) Article 3 (Definitions) Regulations 5, 6 and 7 (amending the Section
Act
1996) Article 4 (Waste hierarchy) Regulation 8 (amending Section 21A in Act
1996) Article 5 (By-Products) Regulation 15 (amending regulation 27 in the Regulations
2011) Article 6 (End-
-waste status) Regulation 16 (amending regulation 28 in the Regulations
2011) Article 7 (List
waste) Regulation 17 (amending regulation 29 in the Regulations
2011) Article 8 (Extended producer responsibility) Regulation 18 (amending regulation 30 in the Regulations
2011) Article 8a (General minimum requirements for extended producer responsibility schemes) Regulation 19 (inserting regulation 30A in the Regulations
2011) Article 9 (Prevention
waste) Regulation 10 (amending Section 27A in Act
1996) Article 10 (Recovery) Regulation 12 (amending Article 27A in Act
1996) Article 11 (Preparing for re-use and recycling) Regulation 20 (amending regulation 31 in regulations
2011) Article 11a (Rules on the calculation
the attainment
the targets) Regulation 21 (amending regulation 31A in regulations
2011) Article 11b (Early warning report) Transposition not required Article 12 (Disposal) Transposition not required (already contained in section 38
Act
1996 Article 14 (Costs) Regulation 13 (amending section 31A
the Act
1996) Article 18 (Ban on the mixing
hazardous waste) Regulation 22 (amending regulation 34 in the Regulations
2011) Article 20 (Hazardous waste produced by households) Regulation 23 (amending regulation 36 in the Regulations
2011) Article 21 (Waste oils) Regulation 24 (amending Regulation 52
the Regulations
2011) Article 22 (Bio-waste) Regulation 25 (amending Regulation 38
the Regulations
2011) Article 27 (Minimum standards) Transposition not required. Article 28 (Waste management plans) Regulation 9 (amendment to Section 22
the Act
1996) Article 29 (Waste prevention programmes) Regulation 11 (amending Section
the Act
1996) Article 30 (Evaluation and review
plans and programmes) Transposition not required. Article 33 (Information to be submitted to the Commission) Transposition not required. Article 35 (Record keeping) Regulation 26 (amendment to Regulation 45 in the Regulations
2011) Article 36 (Enforcement and penalties) Regulation 27 (amending Regulation 50
the Regulations
2011) Article 37 (Reporting) Regulation 28 (amending Regulation 52
the Regulations
2011) Article 38 (Exchange
information and sharing
best practices, interpretation and adaption to technical progress) Transposition not required Article 38a (Exercise
the Delegation) Transposition not required Article 39 (Committee procedure) Transposition not required Annex IVa Regulation 14 (Inserting Schedule 6 into Act
1996) Annex IVb Regulation 14 (Inserting Schedule 7 into Act
1996) 1 OJ L 150, 14.6.2018, p. 109 2 OJ L 150, 14.6.2018, p. 141 3 OJ L 365, 31.12.1994, p. 10 4 OJ L 150, 14.6.2018, p. 100 5 OJ L 182, 16.7.1999, p. 1 6 OJ L 266, 26.9.2006, p. 1 7 OJ L 150, 14.6.2018, p. 93 8 OJ L 197, 24.7.2012, p. 38 9 OJ L 269, 21.10.2000, p. 34 10 OJ L 229, 1.9.2009, p. 1 11 OJ L 31, 1.2.2002, p. 1 12 OJ L 396, 30.12.2006, p. 1 13 Directive (EU) 2015/1535
the European Parliament and
the Council
9 September 2015 laying down a procedure for the provision
information in the field
technical regulations and
rules on Information Society services OJ L 241, 17.9.2015, p. 1 Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government
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