Project Overview

Sweco was retained to produce a guidance note on the context of Article 27 of the European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), as amended. Article 27 makes a key distinction between the regulatory regime for substances or objects that are defined as “waste” and those that are instead to be viewed as a “by-product”. The purpose of this guidance was to:

• Encourage the prevention of waste including the lawful and beneficial use of by-products; and,
• Set out the Environmental Protection Agency’s (EPA) regulatory approach to determining notifications on by-products and to provide guidance to interested parties

This guidance has two key objectives:

• Provide guidance on how to assess whether a substance or object is a by-product or a waste; and,
• Explain how to submit a complete by-product notification to the Agency which clearly demonstrates compliance with the conditions of Article 27