Article 27 notification form
ARTICLE 27 NOTIFICATION FORM
This form is for the
notification
of a
by-product decision
by an
economic operator
under article 27 of the
European Communities (Waste Directive) Regulations
(S.I. No. 126 of 2011)
The completed and signed form should be sent to the Agency:
-
in hard copy to:
Article 27 Notifications
Environmental Licensing Programme
Environmental Protection Agency
PO Box 3000
Johnstown Castle Estate
Co. Wexford
OR
-
the signed document scanned and emailed as an attachment to:
L.Staff@epa.ie
(write Article 27 Notification in the subject line of the email)
Version 1.0 dated 14 May 2012
1
Article 27 notification form
Preface – Please Read This First
Please read and understand the information in this preface before making your
notification to the Agency.
You (the ‘notifier’) have made a decision in accordance with article 27(1) of the
European Communities (Waste Directive) Regulations, 2011, that a material is to be
considered a by-product. You are notifying that decision to the Agency under article
27(2) of the Regulations. The Agency will enter your decision on a register. The
Agency is obliged under article 27(5) of the Regulations to maintain a register of
notified decisions. It is the policy of the Agency to make that register publicly
available and any information you provide on this form or in attached documents will
be available for public view in electronic format. Do not include or attach any
information that is confidential or that you do not wish to make public.
Any decision made by the Agency1 on foot of your notification will be based on
information provided by you, including this notification form and any attachments.
(The Agency will also take into account any information provided by the relevant
local authority and other parties). The accuracy and legitimacy of the information
provided will be taken for granted unless there is reason to think otherwise. It will be
assumed that you are entitled to make a by-product decision on the material in
question unless there is reason to think otherwise. Any misrepresentation or
omission of information is your responsibility solely.
You should recognise that the by-product decision under article 27 is made by you
(the economic operator) – not the Agency. You are notifying the Agency of your
decision, not seeking a decision by the Agency. Thus the decision you have made
and are notifying is your responsibility.
The Agency is entitled under article 27(3) of the Regulations to ‘determine’ that the
material you have notified as a by-product is in fact to be considered as waste. A
determination will in effect reverse the decision you made under article 27(1). You
will be consulted before the Agency makes such a determination.
You are not obliged to wait for feedback from the Agency before proceeding to
implement your own decision – that is, to manage the material as a by-product and
not a waste. However it may be appropriate to wait for the Agency’s feedback on
your notification if there is any risk that the Agency will determine that your material
is to be considered a waste.
The Agency can at any time determine that the material is to be considered as
waste. If at any time it becomes evident that:
-
you are not meeting any commitments you made in your notification,
are departing from the grounds upon which you made your decision under
article 27(1) and notified it under article 27(2), or
the information you provided in your notification is false or misleading,
the Agency will determine that the material is to be considered as waste. You will be
consulted before the Agency makes such a determination. Any environmental liability
arising from incorrectly managing the material as a by-product and not a waste will
be the notifier’s and the notifier’s alone.
Complete all parts of this form and all parts of each table. Attach additional
information as necessary to elaborate or provide additional detail. The form is
A decision made by the Agency might be a decision to determine that the material is a waste or
it might be a decision not to determine at a point in time that the material is a waste.
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Preface – Read this first
2
Article 27 notification form
designed to assist economic operators in making a full notification. The guidance
notes provided in this form are for guidance only. The form is not intended to be and
should not be taken as a legal interpretation of the Regulations. If you are unsure of
your obligations under article 27, you should seek professional assistance or legal
advice.
For information, the full text of article 27 of the Regulations is reproduced here:
Article 27 of the European Communities (Waste Directive) Regulations, 2011 (S.I. No. 126 of
2011)
27. (1) A substance or object, resulting from a production process, the primary aim of
which is not the production of that item, may be regarded as not being waste
but as being a by-product only if the following conditions are met:
(a) further use of the substance or object is certain;
(b) the substance or object can be used directly without any further processing
other than normal industrial practice;
(c) the substance or object is produced as an integral part of a production
process; and
(d) 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.
(2) (a) Where an economic operator makes a decision in accordance with
paragraph (1) that a substance or object is to be regarded as a by-product,
he or she shall notify the Agency of the decision and the grounds for the
decision.
(b) Where there is no notice given to the Agency under subparagraph (a) in
respect of a substance or object and the substance or object, as the case
may be, is discarded or otherwise dealt with as if it were waste, the
substance or object, as the case may be, shall be presumed to be waste
until the contrary is proved.
(3) The Agency (a) may determine, in consultation with the relevant local authority and the
economic operator concerned, whether a substance or object notified to it
as a by-product in accordance with paragraph (2)(a) should be considered
as waste, and
(b) shall notify the local authority and the economic operator concerned in
circumstances where a determination is made that a substance or object
should be considered as waste and not as a by-product.
(4) Nothing in this Regulation shall relieve an economic operator from his or her
responsibilities under the Act of 1992 or the Act of 1996.
(5) The Agency shall establish and maintain a register of by-products to record
substances or objects notified to it as by-products under paragraph (2)(a).
(6) Where the Agency makes a determination in accordance with paragraph (3) that
a substance or object should be considered as waste and not as a by-product,
the determination shall be final.
Preface – Read this first
3
Article 27 notification form
A. Identify the Economic Operator (the person or organisation making the
notification – or on whose behalf the notification is being made)
The economic operator named below has decided under article 27(1) of the Regulations that a particular
material and its use described in Sections B and C below is to be classified as a by-product.
Name of the economic operator *
(the individual, company or organisation
making this notification or for whom it is
being made)
Correspondence address
economic operator
of
the
Name and correspondence address
of the economic operator’s company
or organisation (if different to above)
If the economic operator has an
IPPC or waste licence, a waste
facility permit or a certificate of
registration,
provide
the
licence/permit/certificate register
number.
Name of person responsible for
communicating with the Agency on
this notification (for or on behalf of
the economic operator, if different to
above) **
Telephone number of contact
E-mail address of contact
Describe the economic operator’s
interest in the by-product (i.e.
generator, user, intermediary)
* The term “Economic Operator” is used in the Regulations. It can mean the
person/organisation generating the by-product, the person/organisation using the by-product
or the person/organisation handling the by-product as an intermediary. It is generally taken
to mean a person/organisation with an economic interest in the by-product. It does not mean
a consultant or other third party representative of these persons/organisations.
** This can be the Economic Operator or an employee or representative (such as a
consultant).
Section A – Complete this for all notifications
4
Article 27 notification form
B. Identify the source and nature of the by-product being notified (the
activity and location where the by-product originates or is generated):
The economic operator identified in Section A above has made a decision that the material specified and
described below is a by-product that meets the requirements of article 27(1) of the Regulations.
Identify and describe the material
being notified as a by-product
(it will be possible to expand further on this
description later in the form)
Identify and describe the process or
activity in which the by-product was
generated
(it will be possible to expand further on this
description later in the form)
Identify the location of the source
of the by-product
(factory/activity/development
and address)
-
name
Identify
the
company
or
organisation that is the source of
the by-product (including trading name
if relevant)
If the source location has an IPPC
or waste licence, a waste facility
permit
or
a
certificate
of
registration,
provide
the
licence/permit/certificate register
number.
Address of the source company or
organisation
Contact name at the source *
(The contact person for the Agency – if
different to the economic operator)
Telephone number of contact
E-mail address of contact
* If different to the economic operator, the Agency might correspond on the notification with
the generator/source of the by-product.
Section B – Complete this for all notifications
5
Article 27 notification form
C. Identify the user of the by-product (the recipient activity):
The economic operator has made a decision that the by-product identified in Section B above will be
used as a by-product at the location(s) and/or for the activity or activities described below.
If more than one location or activity, copy and paste the table and complete it for each location and
activity, or alternatively provide a separate list of users and activities using the headings in the table
below.
If there are no customers or outlets for the by-product, or if it is not commonly used for the proposed
use, this should be stated and further elaboration provided later in this form in relation to article
27(1)(a) regarding the certainty of use of the by-product. A lack of customers or outlets will generally be
taken as a lack of certainty of use. If further use is not certain, there is the risk that the material would
be disposed of as waste.
Identify the location(s) where the
by-product will be used
Identify and describe the activity or
activities in which the by-product
will be used
Company or organisation name that
will use the by-product (including
trading name if relevant)
If the user or users of the byproduct have an IPPC or waste
licence, a waste facility permit or a
certificate of registration, provide
the
licence/permit/certificate
register number.
Address of this
organisation(s)
company
or
Contact name at the user(s) *
(The contact person for the Agency – if
different to the economic operator)
Telephone number of contact(s)
E-mail address of contact(s)
* If different to the economic operator, the Agency might correspondend with the user or a
selection of users of the by-product.
Section C – Complete this for all notifications
6
Article 27 notification form
D. Additional information required for notification of SOIL and STONE and
similar material being used as BACKFILL or FILL for site restoration or
development:
This section is mandatory only for notifications involving:
-
topsoil,
subsoil,
stone,
mixtures of topsoil/subsoil/stone,
silt,
dredged material, and
other materials of this nature,
where these materials are intended for use in backfilling/filling operations and land
development activities, such as:
-
improvement and development of agricultural land,
development and landscaping of gardens and parks,
development and maintenance of roadside verges,
backfilling of disused quarries or mines,
construction of roads, and
other activities of a similar nature.
For all other notifications, proceed directly to section E of this form.
D.1 The source of the soil and stone (or similar material) is:
[Check the box appropriate to the source of the notified soil and stones in either greenfield or
brownfield sections below]
Uncontaminated land which has not been previously developed.
Uncontaminated overburden from mine or quarry sites.
Uncontaminated agricultural or forestry land.
Previously developed land (including land which is or was
occupied by a permanent structure and/or associated fixed
infrastructure).
Land with naturally elevated concentrations of metals.
Other – describe below or in an attachment (if not otherwise
adequately described in sections B and E of this form).
Section D – Complete this section for Soil and Stone (and similar materials)
notifications only
7
Article 27 notification form
D.2 Describe the source of the material as greenfield or brownfield
Greenfield site
Brownfield site
D.3 State the quantity of soil and stone (or similar material) being excavated and
deposited (in tonnes preferably or cubic metres alternatively)
Quantity of notified soil and stones to
be excavated from the source site and
deposited at the destination site
tonnes
Quantity of material already
deposited at the destination site*
tonnes
Quantity of material required to
complete the whole fill (including
that already deposited)
tonnes
m3
m3
m3
* If material was previously deposited, state the type of waste authorisation and the
register number of the authorisation.
Type of latest waste
authorisation (tick box)
Authorisation
number
Grant date
Expiry date
Waste licence
Waste facility permit
Certificate of
registration
Provide a copy of the authorisation.
Copy of licence/permit/certificate attached (tick box)
D.4 Confirm that the material is uncontaminated
Soil and stone (and similar material) sourced from greenfield or brownfield sites must
be uncontaminated and contain no other materials including, but not limited to,
construction and demolition materials. Confirm by ticking the box below.
Section D – Complete this section for Soil and Stone (and similar materials)
notifications only
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Article 27 notification form
The material notified is uncontaminated and contains no other materials
other than soil and stone or similar naturally occuring substances (tick
box)
D.5 Categorise the intended use of the notified material
Use in the improvement and
development of agricultural land
Use in the backfilling of disused
quarries or mines
Use in the development or
landscaping of parks and gardens
Use in the construction of roads.
Use in roadside verges
Other - describe below or in an attachment (if not otherwise adequately
described in section C and E of this form.
D.6 Maps showing source and destination locations
Provide a location map or maps showing the source and destination locations
described in sections B and C above. Maps should be appropriately scaled –
maximum A3 size – showing the site locations in the context of their surroundings
and clearly highlighting the site boundary.
Map of source site attached (tick box)
Map of destination site or sites attached (tick box)
State the six-digit Irish National Grid* co-ordinates for the source and destination
locations
Source site
E
N
Destination
site or sites
E
N
* A co-ordinate converter is available at http://gps.osi.ie/calculators/converter_index.asp.
Section D – Complete this section for Soil and Stone (and similar materials)
notifications only
9
Article 27 notification form
D.7 Planning permission
Provide a copy of the planning permission for each destination site where the
material will be used.
If the development is exempt from planning permission, provide a copy of a letter
from the planning authority providing for that exemption.
Planning permission granted or applied
Exempted development (confirmed in attached correspondence) (tick box)
Planning
Permission Ref. No.
Date Granted
Date of Expiry
Copy
attached
(tick box)
The Agency will not generally accept a notification that involves a fill activity carried
on:
-
without planning permission;
-
with planning permission but where planning conditions do not explicitly
provide for adequate regulation and control of environmental aspects of a
fill*;
-
as exempted development, particularly where there are sensitive receptors
that can be impacted by dust, noise or surface run-off and sediment**.The
notifier should address this in detail in section E below when considering
article 27(1)(d) of the Regulations.
* It is a fact that a fill activity can cause environmental pollution in the form of dust
and noise emissions, sediment and surface water run-off, contamination of water
bodies and groundwater and damage to habitats. It is a requirement for all article 27
notifications involving backfill or fill activities that the environmental aspects are
adequately regulated and controlled by alternative means such as planning
permission. Where planning conditions are not explicit in this regard, it may be
adequate to present a restoration plan that contains adequate environmental
protection clauses and has been accepted by the planning authority under the
planning permission. The Agency will also require assurance that these clauses have
the force of law under the planning permission and enforcement action can be
undertaken by the planning authority to ensure their proper implementation.
** Exempted development can be large-scale development. The fact that an activity
is exempt from planning permission does not mean that environmental pollution
cannot or will not be caused. The onus of proof will be greater in such instances to
demonstrate that the activity will not lead to overall adverse environmental or human
health impacts. (See section D.8 below).
Section D – Complete this section for Soil and Stone (and similar materials)
notifications only
10
Article 27 notification form
D.8 Environmental Impact
The onus is on the notifier to satisfy the Agency that (a) environmental pollution will
not be caused and/or (b) environmental aspects of the activity will be regulated and
conrolled by other means (other than waste authorisation).
The notifier should generally address the details of this matter in section E below
when considering article 27(1)(d) of the Regulations. The following items should be
considered in all cases involving the backfill or fill using notified materials.
Surface water
The notifier should provide evidence of consultation with Inland Fisheries
Ireland with regard to the potential impact of the development on a
watercourse. Inland Fisheries Ireland’s concerns may have been addressed
during the planning process and evidence should be provided of this. If a
development is exempted development, a separate consultation with Inland
Fisheries Ireland may be appropriate and should be conducted before an
article 27 notification is made.
Attached is evidence of consultation with Inland Fisheries Ireland or a
statement as to why this is not relevant (tick box)
Appropriate assessment and Natura Impact Statement
Where applicable, provide a copy of any ”Screening for Appropriate
Assessment” report and Natura Impact Statement (NIS) that was prepared
for consideration by any planning/public authority as defined in Regulation
2(1) of the European Communities (Birds and Natural Habitats) Regulations
2011 (S.I. No. 477 of 2011) in relation to the fill activity. Where a
planning/public authority has determined that an Appropriate Assessment is
required in relation to the activity, a copy of that determination and any
screening report and NIS should be provided. Any supplemental information
furnished in relation to any such report or NIS should also be provided.
Where a screening for appropriate assessment was not carried out for
another planning/public body, undertake a screening for Appropriate
Assessment and state whether the activity, whether individually or in
combination with other plans or projects, is likely to have a significant effect
on a European site or sites, in view of best scientific knowledge and in view
of the conservation objectives of the site(s).
Where it cannot be excluded, on the basis of objective scientific information
following screening for Appropriate Assessment, that an activity, either
individually or in combination with other plans or projects, will not have a
significant effect on a European site, provide a Natura Impact Statement, as
defined in Regulation 2(1) of the European Communities (Birds and Natural
Habitats) Regulations (S.I. No. 477 of 2011).
Where, based on screening, it is considered that an Appropriate Assessment
is not required, provide a reasoned response.
Attached is:
-
a screening report for appropriate assessment,
Section D – Complete this section for Soil and Stone (and similar materials)
notifications only
11
Article 27 notification form
-
a Natura Impact Statement,
a reasoned response as to why appropriate assessment is not
required, or
a statement as to why a Natura Impact Statement is not required.
(tick box)
D.9 Suitability of the material for the intended use
The notified soil and stones (or similar material) must be suitable for the intended
use in the development activity. Provide signed documentation from a suitably
qualified person (e.g. chartered engineer) as to the suitability of the notified material
for the purposes of the development.
Attached is a qualified person’s sign-off on the suitability of the notified
material for the development/use proposed (tick box)
Section D – Complete this section for Soil and Stone (and similar materials)
notifications only
12
Article 27 notification form
E. Address the conditions for being a by-product:
Article 27(1) of the Regulations (reproduced above) states that a substance or object
resulting from a production process the primary aim of which is not the production of
that item may be regarded as being a by-product if the conditions set out in article
27(1)(a) to (d) are met.
An arrow in this section () indicates information to be provided.
The European Commission has clarified the concept of “by-product” in Draft Guidance
on the interpretation of key provisions of Directive 2008/98/EC on waste:
 Product – all material that is deliberately created in a production process. In many
cases it is possible to identify one (or more) “primary” products, which is the principal
material(s) produced.
 Production residue – a material that is not deliberately produced in a production
process but may or may not be a waste.
A production residue that fulfils the requirements of Article 5 [Waste Framework
Directive] is a by-product and not waste.
Is the material concerned a production residue or a product?
A production residue is something other than the end product that the manufacturing
process directly seeks to produce. Where the production of the material concerned is
“the result of a technical choice”, it cannot be a production residue. Therefore, the first
question to be asked when determining whether a material is waste or not is: Does the
manufacturer deliberately choose to produce the material in question?
If the manufacturer could have produced the primary product without producing the
material concerned but chose to do so, this is evidence that the material concerned is
a product and not a production residue. Also a modification of the production process
in order to give the material concerned specific technical characteristics could indicate
that the production of the material concerned was a technical choice.
Before addressing items (a) to (d) below, see if your by-product decision meets the
basic concept for by-products, as follows:
1. Write in the space below the name or description of the production process
___________________________________________________________________
2. Write in the space below the name or description of the material to be notified as a
by-product.
___________________________________________________________________
3. Is it the primary aim of the production process (item 1) to produce the material
mentioned in item 2?

Yes/No
If the answer to question 3 is “yes”, then your material might not be a by-product,
but a primary product. It is a reason for undertaking your process in the first place.
Section E – Complete this for all notifications
13
Article 27 notification form
Only if the answer to question 3 is “no” should you test your material against the
conditions in article 27(1)(a) to (d) and proceed to complete the rest of this form.
Address each of the following four conditions in full. Attach all relevant supporting
information. Failure to address each of the four items in full could result in a
determination being made that the notified by-product is to be considered as waste.
The notes provided below the conditions are intended as guidance only.
Article 27(1)(a) – further use of the substance or object is certain
This means that further use is not a mere possibility, but a certainty or it is guaranteed that the material
will be used. The purpose of this criterion is that, if further use is not certain, there is the risk that the
material would be disposed of as waste. It may be possible to show certainty of use through, for
example:
-
existence of contracts between the waste holder and subsequent user;
a financial gain for the waste holder; or
a solid market existing for the further use.
The European Commission’s Draft Guidance on the interpretation of key provisions of Directive
2008/98/EC on waste elaborates further on this condition.
Storage of the notified material while customers are found for it does not indicate that further use is
certain. You have provided above the name and address of one or more users of the by-product.
Elaborate on the use of the by-product in the box below.

<expand box or use an additional sheet as necessary>
Article 27(1)(b) – the substance or object can be used directly without any further
processing other than normal industrial practice
The Agency generally accepts that ‘normal industrial practice’ can comprise such activities as screening,
crushing, grading, dewatering – this is a guideline, not a rule.
The European Commission’s Draft Guidance on the interpretation of key provisions of Directive
2008/98/EC on waste elaborates further on this condition.
Elaborate in the box below on what further processing, if any, is carried out on the substance or object,
and at what location, prior to it being used as a by-product. Explain why you consider this should be
considered to be ‘normal industrial practice’ for your sector or activity.

<expand box or use an additional sheet as necessary>
Section E – Complete this for all notifications
14
Article 27 notification form
Article 27(1)(c) – the substance or object is produced as an integral part of a
production process
This links to the logic test you employed above. The production process does not have as its primary aim
the generation of this material, but the generation of the material is an integral part of the production
process.
The European Commission’s Draft Guidance on the interpretation of key provisions of Directive
2008/98/EC on waste elaborates further on this condition.
Elaborate on this question in the box below.

<expand box or use an additional sheet as necessary>
Article 27(1)(d) – 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
In the box below, identify all product, environmental and health protection requirements that relate to
the by-product and its placing on the market. State how the notified by-product meets those
requirements. Indicate any limitations or prohibitions on the use of the by-product in the use proposed.
If there are no relevant technical specifications, say so.
In your thinking on this item, do not consider the material as a waste or apply what you would
understand to be waste-like controls to the material. Instead, you are proposing that the material is not
a waste. It is therefore subject to the wide range of international, European and national legislation on:
-
marketing and placing on the market of products (e.g. REACH, CLP, GHS)
transport and storage
planning permission
The Agency may decide to consult with relevant regulatory authorities to check claims made by notifiers
in this section.
Referring to the final clause of the sub-article, you must demonstrate that the use of the by-product will
not cause environmental pollution or impact on human health during its transport, storage and use. The
Agency will generally seek satisfaction that any potential environmental impacts/emissions associated
with the use of the by-product will be regulated and controlled by other legislation (other than waste
legislation) governing the material or activity.
The European Commission’s Draft Guidance on the interpretation of key provisions of Directive
2008/98/EC on waste elaborates further on the different aspects of this condition.
Elaborate on these issues in the box below.

<expand box or use an additional sheet as necessary>
Section E – Complete this for all notifications
15
Article 27 notification form
DECLARATION
I hereby notify the Environmental Protection Agency pursuant to Article 27(2)(a) of
the European Communities (Waste Directive) Regulations, 2011, of my decision that
the substance/material described above is a by-product within the meaning of Article
27(1) of the Regulations.
I declare that the information given in this notification is truthful, accurate and
complete and is a full and complete representation of the substance/material notified
and its proposed use.
I make this notification on the understanding that an incomplete, misleading or
otherwise falsified submission will not be regarded as a notification for the purposes
of Article 27(2)(b) of the Regulations and that in such circumstances, the
substance/material notified may be determined to be a waste and consequently any
use of the substance/material may be regarded as a waste activity.
I declare that the proposed use of the notified substance/material fulfills all relevant
environmental and health protection requirements and that the proposed use is
lawful and complies with the provisions of any and all relevant legislative
requirements.
I make this notification on the understanding that, in accordance with the provisions
of Article 27(3)(a), the EPA may determine at any time that the substance/material
notified herein as a by-product is to be considered a waste and that any
determination made by the EPA that said substance/material is a waste and not a
by-product is final.
I have read and understood the preface to this document.
I am authorised and/or entitled to make this notification.
Signed:
Date :_____________
(by or on behalf of the economic operator)
Print your name:
Position in organisation:
Organisation/Company:______________________________________________
Company Seal:
Declaration – Complete this for all notifications
16