Implementing the circular economy - WFD & development related to waste soils

1. Implementing the Circular Economy –
WFD & development related waste soils
Philip Nugent Assistant Secretary: Circular Economy, Waste Policy and
Natural Resources
IBN 3 February 2021

2. 2 Rialtas na hÉireann | Government of Ireland
The challenge
• Materials consumption has trebled since 1970
• 6.2m tonnes of C&D waste generated in 2018 - 77% soil and stone
• Largest waste stream in the EU, representing approx. one third of all waste
generated
• Huge cost and loss of value, based on linear model
• Need to:
• maximise prevention
• maximise resource potential
• embed circularity principles
• ensureproperapplication of WFD – lawful use of by-products/ EoW
processes
• Requires right blend of policy, regulatory and enforcement

3. 3 Rialtas na hÉireann | Government of Ireland
Regulatory context
• Article 5 of the Waste Framework Directive - uncontaminated excavated soil and other naturally
occurring materials may be considered in accordance with the definition of waste and provisions
onby-productsandEoWstatus
• Article 27 of the European Communities (Waste Directive) Regulations 2011 – substance or object
resulting from production process….may be regarded as not being a waste if relevant conditions
met
• Onuson economic operator to make decision,provide notificationto theEPA
• Ifnot notified,material assumed to bewaste untilproven otherwise
• Agency maydetermine inconsultation withoperator andrelevant LA thatmaterialiswaste andshall
notifywhere a determination ismade
• Article28 – certain waste shallcease to bewaste when ithasundergone recovery operation and
complieswith specificcriteria. Mustbe commonly used for specificpurposes, demand must exist,
must satisfytechnicalrequirements
• Determinations on a case-by-casebasis

4. 4 Rialtas na hÉireann | Government of Ireland
Policy context
• Climate Action Plan 2019 / 2021
• EU Circular Economy Action Plan – measures agreed in 2018 now
entering into force in Ireland (and other Member States)
• UN SDGs
• National Development Plan
• Waste Action Plan for a Circular Economy
• National Circular Economy Strategy (forthcoming)

5. 5 Rialtas na hÉireann | Government of Ireland
Waste Action Plan C&D
• Focus on C&D waste informed by work of Construction Waste Resource
Group
• Actions designed to:
• Promote waste prevention;
• Follow best available techniques;
• Expand the range and use of recycled products;
• Create a market demand for recycled products and segregating
more material on-site to allow for recycling; and
• Meet the target of preparing for reuse, recycling and other
material recovery (incl. beneficial backfilling operations using
waste as a substitute) of 70% by weight of C&D non-hazardous
waste (excluding natural soils & stone).

6. 6 Rialtas na hÉireann | Government of Ireland
Waste Action Plan – by-products and EoW
• Recognition that current processes could be improved to provide
greater certainty and more timely response
• Need to streamline processes and prioritise specific waste
streams, particularly in the C&D sector
• Provide strong incentive for processes to be used appropriately
• Will require primary legislation
• New Circular Economy Bill – to amend article 27 / 28 processes
• Fee will be a component – addressing issue of poor quality
notifications is a major focus

7. 7 Rialtas na hÉireann | Government of Ireland
Circular Economy Strategy
• To provide a coherent policy framework for work on the
CE transition
• By addressing the knowledge gap in relation to the what,
why and how of the Circular Economy
• By setting out an ambitious vision for CE in Ireland and
putting a governance structure in place for future policy
development

8. 8 An Roinn Cumarsáide, Gníomhaithe ar son na hAeráide & Comhshaoil | Department of Communications, Climate Action & Environment
Thank You