By-Product Decisions and Notifications Made Under Article 27

Notification of by-product decisions by economic operators under Article 27 of the European Communities (Waste Directive) Regulations 2011, S.I. No. 126 of 2011

Article 27 of the European Communities (Waste Directive) Regulations, 2011, allows an “economic operator” to decide, under certain circumstances, that a material is a by-product and not a waste. Article 27 was introduced into Irish law to implement article 5 of the 2008 Waste Framework Directive (2008/98/EU).

Article 5 of the Waste Framework Directive was amended by Directive (EU) 2018/851. Other elements of the Directive were also amended. The new Directive is to be transposed by July 2020.

Economic operators may decide, in accordance with the conditions of article 27, that their substance or object is a by-product. Decisions made by economic operators under article 27 must be notified to the Environmental Protection Agency. The Agency is required to maintain a register of notified decisions.

Article 27 REGISTER: http://web.epa.ie/Article27Register/

Article 27(3)(a) states that the Agency may determine that a notified by-product should actually be considered a waste. A determination will, in fact, reverse the decision made by the economic operator. The Agency is obliged to consult with the relevant local authority and the economic operator before making a determination on any notification.

Article 27(6) states that a determination made by the Agency is final.

Consultation on SOIL AND STONE as a by-product

As of 19 October 2018, the Environmental Protection Agency is consulting on proposed Guidance on Soil and Stone By-products. It is necessary to clarify how and when soil and stone can be classified as by-product. Soil and stone is typically produced in excavations for construction.

The purpose of guidance is to inform economic operators how to prevent waste soil and stone by classifying it as a by-product in accordance with the legislation and the EPA’s proposed regulatory approach to determinations on soil and stone by-products.

View the consultation document.

Submissions are invited by email only to Article27@epa.ie to be received no later than 5pm on 14 December 2018.

Notification of Decisions

Economic operators should read and understand article 27 of the European Communities (Waste Directive) Regulations 2011 before deciding that a material is a by-product and making a notification.

The European Commission published a guidance document in 2012, “Guidance on the interpretation of key provisions of Directive 2008/98/EC on waste”.

By-product decisions must be notified to the Agency using the online notification form.

Section 13(5) of the Environmental Protection Agency Act 1992 as amended states that any person who gives, either to an authorised person or the Agency, information which is false or misleading in a material respect shall be guilty of an offence.

To launch the Article 27 online notification form, you will need to log in via the EDEN portal.

NOTE: If you are a first time user of the EDEN portal you will need to create a user login account using the "Sign Up" option, and follow the instructions provided. On registration, you should also request access to the Article 27 application.  You will only need to register once; after which you can log in via the EDEN portal to launch the Article 27 application when needed and notify the Agency of your by-product decisions. There are extensive user instructions in the ‘Help’ section of the EDEN portal site; but if you require further assistance in relation to technical issues or queries on EDEN registration, please use the following email address:

-       eden@epa.ie

Once your registration has been approved, you can log into EDEN and launch the Article 27 application, from where you can complete the by-product notification form and submit it electronically to the Agency.

Instructions on how to complete the notification form are provided on the form itself.