Submitting an End-of-Waste Application and Next Steps

How do I Submit an Application?

Your application must include sufficient detail to present a robust case to the Environmental Protection Agency that allows it to fully understand the material, intended applications, risks and mitigations to give it sufficient confidence to make a decision. The Environmental Protection Agency has developed an End-of-Waste Application Form that must be used when submitting an end-of-waste application. The Draft End-of-Waste - Guidance Document Part 2 will assist you to address the requirements of the end-of-waste teat in your application form.

Please email your completed application forms and supporting documents to: article28@epa.ie.

The information in your end-of-waste application may come within the scope of the Access to Information on the Environment Regulations 2007 (AIE Regulations) and/or the Freedom of Information Act 1997 (FOI Act). As such, any data that you submit may be requested and subsequently have to be made available. Guidance on how you can manage any sensitive and/or confidential information that you consider is necessary to include in your application is provided in Draft End-of-Waste - Guidance Document Part 2.

What Happens after the Submission of an Application?

The Environmental Protection Agency will acknowledge receipt of your application. Once your application is assigned to an inspector, it will be assessed, and further information may be requested as part of the assessment process. The inspector will present a Recommended Decision to the Board of the Environmental Protection Agency, prior to issuing a Draft Decision to the applicant. A period of time will be allowed for the applicant to make representations, prior to the Environmental Protection Agency issuing its Final Decision.

Timescales will vary depending on the quality and complexity of the applications received. If your application is of poor quality or has significant gaps, the Environmental Protection Agency may not be in a position to make a decision or a decision may be significantly delayed.

How do I Demonstrate Ongoing Compliance?

If your end-of-waste application is successful, your obligations do not end there. You are now at the beginning of the ongoing compliance process. Your end-of-waste criteria will set out how you will monitor and demonstrate ongoing compliance. In summary you need to ensure that:

  • You comply with any ‘product’ regulations and controls that may now apply, such as CE Marking (construction products) and REACH (Registration, Evaluation, Authorisation and Restriction of Chemicals Regulation) (chemical products).
  • The circumstances of your end-of-waste application do not change. Any material change to quality control procedures (waste inputs, waste treatment approach, technical requirements, markets etc.) may mean that your original end-of-waste application is no longer relevant or may need to be amended.
  • You continue to analyse the fully recovered material (compliance monitoring) to confirm that it remains within the requirements of the end-of-waste criteria, product specification(s) and its properties have not changed, so that the risk assessment remains valid.

The EPA’s Commitment

The Environmental Protection Agency is fully committed to working with applicants to support appropriate end-of-waste decisions and consequently Ireland’s circular economy objectives. In addition to case-specific applications by companies, applications from industry organisations and/or groups of companies for end-of-waste national decisions that benefit all operators within a sector are encouraged. National decisions can more efficiently deliver the objectives of the circular economy.

It is important to remember that an end-of-waste application is the basis of an important regulatory decision that requires detailed scrutiny in light of the relevant circumstances of each particular case. It may not always be possible to reach a positive end-of-waste decision, particularly in cases where there is potential for overall adverse impacts.