How to Prepare and Submit a By-product Notification

How do I Notify?

To make a by-product notification complete the following steps:

  • Sign Up or Log in to the Environmental Protection Agency’s EDEN portal.
  • Request access to the ‘Article 27 application’ in EDEN. Wait for your application request to be approved by the Environmental Protection Agency.
  • Launch the Article 27 application.
  • Complete the by-product notification form.

Instructions on how to complete each section of the form are provided on the form itself. Additional user instructions are provided within the ‘Help’ section of the EDEN portal site and there is a dedicated email address at eden@epa.ie for any further queries.

The information in your by-product notification 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.

What Information do I Submit?

The economic operator must demonstrate that the production residue meets the requirements of each of the four ‘conditions’ of the by-product test. Fundamental to this, is that you have a proper understanding of the composition of your material to allow you to provide sufficient data and information.

An overview of the information required to demonstrate compliance with each of the four by-product ‘conditions’ are detailed below.

  • Demonstrating that further use is certain
    Demonstrating that there is a certainty of use for the material can be achieved by suppling evidence such as:
    • a contract agreement between the material producer and the end user;
    • the current or future market for the material;
    • a financial gain for the material producer from the sale of the material; and
    • details of how the material fulfills the same specification as a comparable product on the market, or if it meets any additional customer requirements.
  • Demonstrating that it can be used without any further processing other than normal industrial practice
    Your notification will need to confirm that:
    • no further processing of the material is required prior to its use; or
    • if processing is required, it is considered ‘standard procedure’ or ‘normal industrial practice’. Examples of ‘normal industrial practice’ are assessed on a case-by-case basis but may include processes such as filtering, washing or drying, modification of size and shape (such as crushing) and/or carrying out quality control.
  • Demonstrating that the material is produced as an integral part of a production process
    You must demonstrate that the production process cannot be undertaken or completed without producing the material. The production of the substance or object must not be the intention of that process i.e. the material must be a production residue. Your notification will need to provide details of the production process to demonstrate this. Process flow diagrams often are a clear way of demonstrating a material is a production residue.
  • Demonstrating that further use is lawful and no overall adverse impacts during use
    Your notification should include comprehensive and evidence based information and data that covers both aspects of this condition. This condition requires you to demonstrate that:
    • the proposed further use of the material is lawful:
      • Evidence of appropriate authorisation for the proposed further use;
      • Compliance with technical requirements specific to the proposed use of the material; and/or
      • Compliance with product regulations.
    • the specific end use will not give rise to an overall adverse environment or human health impact:
      • Demonstrating the technical requirements are fulfilled, provided it can be demonstrated that these requirements provide sufficient human health and environmental protection;
      • Using a comparator to support your assessment; or
      • Undertaking an environmental and human health risk assessment.

Guidance and Reference Material

All By-products

All economic operators should read the Draft By-product - Guidance Note for further details on information requirements to make a by-product notification.

For any queries relating to Article 27 by-product notifications please email article27@epa.ie.

For any issues relating to the EDEN portal including registration, access or upload queries, please email eden@epa.ie.

Soil and Stone By-products

It is important that you review the specific Guidance on Soil and Stone By-products prior to compiling your information.

A soil and stone by-product notification must be accompanied by three declarations which are fundamental to demonstrating compliance with the by-product test.

These include:

  1. Material Producers Declaration
  2. Declaration of Soil and Stone Suitability – Civil
  3. Declaration of Soil and Stone Suitability – Environmental.

Specific guidance has been prepared to assist planners, Planning Authorities and An Bord Pleanala on the management of excess soil and stone from development projects. This is available to download:

Guidance for Planners

Additional sources of Information

The following additional sources may support you further in completing your notification:

Determination of your Notification

The Environmental Protection Agency assess each by-product notification on a case-by–case basis, taking a risk-based approach. This is to acknowledge the variation in the circumstances under which by-products and waste are generated. Similarly, the associated risks to human health and the environment may also differ. Timescales will vary depending on the quality of your notification and the complexity of the case. Additional information may be requested and consultation with the parties listed on your notification will be undertaken before a determination is reached.

The Environmental Protection Agency will either:

  • determine to agree with the decision as notified by the economic operator that the material is a by-product;
    or
  • determine that the material is a waste.

The Environmental Protection Agency advise that any material which is the subject of a by-product notification should not be moved or used until a determination by the Environmental Protection Agency has been made.