By-product (Regulation 27)

Introduction to by-products

Waste Action Plan for a Circular Economy seeks to reduce the environmental and health impacts of waste and improve resource efficiency. The fundamental goal is to achieve a circular economy that avoids unnecessary waste generation and allows for the use of materials as a resource, wherever possible. This in turn minimises the requirement for the extraction of additional natural resources. By-products can play a key role in achieving this.

This page aims to help you to:

  1. Understand the concept of by-product and how to assess whether a substance or object (the material) is a by-product or a waste.
  2. Make a good quality notification to the EPA which clearly demonstrates compliance with the conditions of the by-product test.

More detailed guidance can be found in the Draft By-product - Guidance Note (May 2020).


The concept of a by-product

The concept of a by-product was established by the European Waste Framework Directive (WFD). This concept has been transposed into Irish law through Regulation 27 of the European Communities (Waste Directive) Regulations 2011, as amended.

Only a production residue can be considered a potential by-product. The initial assessment of whether a production residue is a by-product or a waste is conducted by the relevant person, such as the material producer.

The notification of a potential by-product gives industry an opportunity to demonstrate, with an appropriate level of rigour, that:

  • The material can have a further use and will not be defined as waste
  • The material can be used as a secondary resource in place of and fulfilling the same role as a non-waste derived or virgin ‘primary’ resource
  • The material can be used without causing overall adverse impacts to the environment or human health

The economic operator is required to notify the EPA if they decide the material is a by-product. For further details on how to submit a by-product notification and what is required, see how to prepare and submit a by-product notification.


The by-product test

The by-product test is made up of four conditions, which represent the requirements of Regulation 27. All four of the following conditions must be met for a person to decide that a production residue is a by-product:

  1. Further use of the material is certain.
  2. The material can be used directly without any further processing other than normal industrial practice.
  3. The material is produced as an integral part of the production process.
  4. Further use is lawful, in that the substance or object fulfils all relevant product, environmental and health protection requirements for the specific use and will not lead to overall adverse environmental or human health impacts.

The EPA has produced the following guidance to assist you with the completion of your by-product notifications:

It is important the notifier becomes familiar with this guidance before submitting a by-product notification. This will assist the notifier in providing the correct level of detail in the notification to enable the EPA to determine whether the notified material satisfies the conditions of Regulation 27 and can be considered a by-product or that the material is a waste.


Register of by-product notifications

All by-product single case notifications and registrations made against the National criteria are available to view on the EPA’s by-product Register.


National By-Product Criteria

National by-product criteria are currently under development by the EPA for site-won asphalt (road planings) and greenfield soil and stone as set out in the table below.

By-Product Material

Use of material

Reference No. Status Link to Documents

Site-Won Asphalt

For use as a raw material in Reclaimed Asphalt Pavement (RAP) plants for the manufacture of bituminous mixtures. BP-N001/2023

Available for use

  1. National By-product Criteria for Site-Won Asphalt
  2. Explanatory Note Version 1.0
Greenfield Soil & Stone Developments with planning permission or an exemption from the need for planning permission which provides for the use of this by-product material. BP-N002/2024

The draft criteria have now been approved by the Board of the Agency and were notified on the 13th March 2024 to the European Commission for a mandatory 3 month consultation (standstill) period via TRIS. Following the 3 month standstill period, the criteria will be finalised and made available for utilisation. It is anticipated that the criteria will be finalised by the end of June 2024.

  1. Draft National By-product Criteria Greenfield Soil and Stone - Reference Number BP-N002/2024
  2. Draft Explanatory Note - Draft National By-product Criteria Greenfield Soil and Stone.


Utilising National Criteria

The National criteria for site-won asphalt negate the need to make a by-product notification to the EPA for determination. The production of  site-won asphalt as by-product that complies with the national criteria is instead required to be registered. Registration details will be displayed on the publicly available register published on the Agency.

How to Register

Registrations are made through the EPA EDEN portal via the “By-product Module”

To register production of  site-won asphalt in accordance with the national criteria (BP-N001/2023) the producer needs to complete the registration form by clicking on the “Create By-product Registration”. This will generate an automated registration form.

The national criteria (BP-N001/2023) will be available to select within the registration form. 

RAP plants will be available to select from a drop down field on the registration form. If the RAP plant you wish to dispatch the site-won asphalt is not listed, contact to add the RAP plant to the system.

Details of the producer, production process location and quantities of material are also required to be entered on the registration form. Once the form is fully completed this is then submitted through the automated system by clicking “Submit”.

Post Registration

When a registration form is submitted to the EPA, the registration will be assigned a registration reference number and details of the registration will be entered on the By-Product Register. The register will include filter and download functionality.

The producer will receive an email with a copy of the registration form for their records, including the registration reference number.


If a producer (registrant) no longer intends to move/use material under a by-product registration or if it has been determined by a local authority that the material does not comply with the national criteria, then the producer may request that the registration is deregistered. A deregistration request should be sent to quoting the registration reference no. and the reason for deregistration.