General/Application Process

Article 11 FAQs

General/Application Process

What is an FAQ?
A list of questions that are frequently asked (about a given topic) along with their answers.
What is an Article 11?
If waste operators or local authorities are unsure as to which type of authorisation is required for a particular facility (i.e. Waste Licence, Waste Facility Permit or Certificate of Registration) they may make an Article 11 request to the EPA to make a determination. This is subject to certain limitations. (1) Requests can only be made by applicants who have doubts concerning whether a proposed activity requires a waste licence, waste facility permit, certificate of registration or none of these. (2) Requests can also be made by local authorities who have received an application and have doubts as to the appropriate waste authorisation required for the activity in question.
What regulations cover Article 11?
Waste Management (Facility Permit and Registration)Regulations, 2007, S.I. No. 821 of 2007, amended by S.I. No. 86 of 2008.
What can I expect from an Article 11 response? (licence, permit, CoR or none of these)
You will get formal notification of the waste authorisation required, if any, to carry out your activity.
What does a licence, permit or CoR mean?
A certificate of registration is the least onerous form of waste authorisation and is granted by local authorities in respect of private sector facilities and by the EPA in respect of local authority activities. Relevant classes of activity are listed in Part II of the Third Schedule of the Waste Management (Facility Permit and Registration)Regulations, 2007, S.I. No. 821 of 2007, amended by S.I. No. 86 of 2008.
A waste facility permit is granted by a local authority in respect of private sector activities listed in Part I of the Third Schedule of the Waste Management (Facility Permit and Registration)Regulations, 2007, S.I. No. 821 of 2007, amended by S.I. No. 86 of 2008.
Any waste activities that are not listed in Parts I and II of the Third Schedule will require a waste licence, which is granted by the EPA.
More information can be found at the following link Licence, Permit, Certificate of Registration? - Environmental Protection Agency, Ireland
Are all waste activities subject to waste authorisation?
No, certain activities are exempt from waste authorisation. These are primarily listed in Sections 39(7) and 51 of the Waste Management Acts 1996 to 2011. Waste legislation is complex and it is not possible to over-generalise on exemptions from waste authorisation.
Who can apply for an Article 11?
Article 11 requests can only be made by applicants (i.e. those that are proposing an activity and are unsure as to what waste authorisation, if any, is appropriate) or local authorities (where they have received an application for a waste authorisation and are unsure as to what waste authorisation, if any, is appropriate).

How do I make a general enquiry?
If you have a general environmental query, you can submit it to . Additional EPA contact details can be found at the following link
How do I submit an Article 11 request?
You can submit an Article 11 request by completing the webform at the following link:-
How many copies of my request will the EPA require?
Only one copy of the completed Article 11 webform is required.
Do I have to pay an Article 11 request fee?
There is no fee to pay in relation to an Article 11 Request.
Will my Article 11 request be acknowledged?
You will receive an automated e-mail response once your completed on-line Article 11 Request has been submitted to the Agency.
Where can I get a 6-digit national grid reference?
You can obtain this from Ordnance Survey Ireland.
How do I submit a map or supplementary information via the webform?
You can submit a map or supplementary information by e-mail to or by post to the Environmental Licensing Programme, EPA Headquarters, PO Box 3000, Johnstown Castle Estate, Co. Wexford.Please quote your Article 11 Reference Number when submitting additional information.
Can I make a submission on an Article 11?
No. There is no provision in the legislation for formal third party participation in the Article 11 process. However, third parties may enter into correspondence with the EPA where they are concerned, for example, that incorrect information has been provided. The Article 11 process will not consider any objections to a proposal for a waste facility or activity. Any such objections will be dealt with at the authorisation stage.
Can I get a copy of an Article 11 application/response?
If you have a query in relation to an Article 11 request or response, please submit your query to contact the Agency by other means. See contact information.
How do I submit additional information?
You can submit additional information to or by post to the Environmental Licensing Programme at EPA Headquarters in Wexford.Please quote your Article 11 Reference Number when submitting additional information.
Will the Agency request additional information?
If your Article 11 request is not fully completed or the issue is complex, the Agency may request additional information to enable us to make a determination.
When will I get a response?
The Agency will notify the requester of its determination within 15 working days of receipt of a completed request.
Who do I apply for a Cert of Registration/Permit/Licence?
For relevant private sector activities, certificate of registration and waste facility permit applications should be made to the local authority in whose functional area the proposed activity will be located. Pre-application discussions should be requested with the local authority.
All other private sector activities should apply for a waste licence from the EPA. Pre-application discussions are strongly encouraged and should be requested. More information is available at Waste Licence, Permit, Certificate of Registration? - Environmental Protection Agency, Ireland
For local authority activities subject to a certificate of registration, application should be made to the EPA using the application form at the following link Licence, Permit, Certificate of Registration? - Environmental Protection Agency, Ireland

Who can I contact in relation to my request?
You can e-mail relation to your request quoting your Article 11 reference number.
Can I appeal the Article 11 decision made by the EPA?
The Agency’s decision is final, there is no appeal mechanism. If you failed to provide sufficient information in the first instance, you may resubmit your Article 11 request with supplementary information.

Waste specific questions

What is a waste?
Waste is defined in the Waste Management Acts 1996 to 2011, and in the Waste Framework Directive 2008/98. This is a complex area of environmental law.
What is a waste activity?
Any activity that involves the acceptance, storage (including temporary storage), processing, recycling, recovery or disposal of waste.
When is a material not a waste?
A complex question, but consideration should commence with: when the material is not discarded; when it is a by-product in accordance with article 5 of the Waste Framework Directive 2008/98; when it has achieved end-of-waste status in accordance with article 6 of the Waste Framework Directive 2008/98.
When is soil and stones not a waste?
A complex question, but consideration should commence with: when the material is not discarded; when it is a by-product in accordance with article 5 of the Waste Framework Directive 2008/98; when it has achieved end-of-waste status in accordance with article 6 of the Waste Framework Directive 2008/98.
What does a putrescible character mean?
Putrescible waste or waste that is putrescible in character is waste that is organic in nature and will rot or biodegrade. Food waste, garden waste, paper, cardboard and natural textiles are putrescible. Wood in certain circumstances will be putrescible, if slowly.
What materials are exempted from authorisation?
See question above on exemptions.
What is a recovery activity?
'Recovery' in relation to waste, means any activity carried on for the purposes of reclaiming, recycling or re-using, in whole or in part, the waste and any activities related to such reclamation, recycling or re-use, including any of the activities specified in the Fourth Schedule of the Waste Management Acts, 1996 to 2011.
What is a disposal activity?
'Disposal' is defined in the EU Waste Framework Directive (98/2008) as any operation which is not recovery even, where the operation has, as a secondary consequence, the reclamation of substances or energy. It is defined in the Waste Management Acts 1996 to 2011 as any activity specified in the Third Schedule of the Acts.
What is required in a waste description?
A waste description should define the specific waste in question using non-technical language.
Waste densities?
Information on waste densities can be found in theWaste Management (Landfill Levy) Regulations 2008 S.I. No. 199 of 2008 at the following link Licensing & Permitting - Environmental Protection Agency, Ireland
Is my waste hazardous?
Hazardous waste is defined as any waste that is listed on the Hazardous Waste List and possesses any of the properties of hazardous waste. The Hazardous Waste List is a subset of the European Waste Catalogue. Any entry in the Catalogue that has an asterisk (*), is a hazardous waste until proven otherwise.
What is digestate, anaerobic digestion, composting and compost?
Anaerobic digestion is the biological degradation of putrescible or organic waste in the absence of oxygen and digestate is the product of the process.
Composting is the biological degradation of putrescible or organic waste in the presence of oxygen and compost is the product of the process.

What if I want to raise my field/garden?
If waste soil and stones or other waste material is used to raise your land, then a waste authorisation is required. This matter should be discussed with a local authority in the first instance.