Article 28 of the European Communities (Waste Directive) Regulations, S.I. No. 126 of 2011, sets out the grounds by which a material which is recovered or recycled from waste, such as rubble or crushed concrete, can be deemed to be no longer a waste. As the designated competent authority, decisions regarding applications for end-of-waste status are the responsibility of the Environmental Protection Agency (EPA). In June 2018, my Department established a Construction Waste Resource Group comprising key Construction and Demolition sector and Waste sector stakeholders, including policy, regulatory and industry representatives to provide a valuable platform to discuss and monitor construction and demolition (C&D) waste issues arising, including the capacity of the sector to manage C&D waste.
The issue of end-of-waste status for certain materials, including crushed concrete, has been discussed at each of the three meetings of this Resource Group, including the most recent meeting which took place on 19 June 2019. My officials, in conjunction with representatives of the EPA, have reminded those present that end-of-waste decisions can only be made once industry has submitted comprehensive applications to the EPA and satisfied the EPA that a decision to grant end-of waste status is appropriate. End of waste decisions have been made when the application and supporting materials allows for positive decisions to be made. If the industry wish to co-ordinate a national application for end of waste status for crushed concrete they are welcome to do so.