Client: Environmental Protection Agency (EPA)
Date: September 2019 - January 2020
This report used a case study approach to investigate how six EU Member States have transposed three key elements of the Waste Framework Directive (WFD) into national law. A particular focus of this report was upon Articles 5 and 6 of the WFD. These relate to the distinctions set by EU law between:
Both of these elements of the WFD have been transposed into Irish national law by the European Communities (Waste Directive) Regulations 2011, being contained in, respectively, its Articles 27 and 28. Besides Article 5 and 6 of the WFD, a further focus of this report, in the context of the WFD, was upon Article 24. This provision allows Member States to exercise discretion in establishing a lower – and lesser – tier of regulation that is rather less onerous than the general need for all waste management facilities to be subject to a formal permit. Instead, the operators of many less environmentally consequential waste recovery facilities can simply register their existence with a regulatory body.
The following materials were considered in the context of the above-mentioned EU countries:
 SI 126 of 2011 (as amended)