The Compliance Lift Without the Headache: Article 27/28 Made Simple

Contractors, councils and consultants all want the same thing: a clean, defensible way to prove when materials are by-products (Reg. 27) or when recovered materials have reached end-of-waste (Reg. 28). The regulations aren’t designed to slow projects down; they’re there to ensure secondary materials are safe, lawful and genuinely displacing virgin resources. The trick is translating regulatory tests into everyday site data.

What Article 27 asks for
Article 27 in Ireland transposes the EU “by-product” concept and sets a four-condition test. In short, the material must have certain further use, be usable directly (no processing beyond normal practice), arise as an integral part of a production process, and its further use must be lawful and not cause overall adverse impacts. The EPA provides a notification pathway (and national criteria for some materials like site-won asphalt and greenfield soil and stone). EPA Ireland

What Article 28 asks for
Article 28 brings the EU “end-of-waste” concept into Irish law. It applies when a waste has been fully recovered and now meets four pillars: commonly used for specific purposes; a market/demand exists; it meets technical requirements and applicable product standards; its use will not cause overall adverse environmental or human-health impacts. From November 2024, new regulations introduced fees and decision timeframes for applications. EPA Ireland

Why digitising helps right now
Both regimes hinge on evidence: provenance, quality, destination, intended use and ongoing control. Capturing this as verifiable, time- and location-stamped records (with linked documents) closes common gaps. It also aligns with the broader shift to digital chains of custody, such as the UK’s mandatory digital waste tracking, now scheduled to commence in April 2026. GOV.UK

Common failure points (and how to avoid them)

1. Uncertain destination or use
   Notifications/applications stall when the receiving site, intended use, or market demand isn’t evidenced. A clear end user and lawful use must be shown. Digital records should link every movement to a specific, licensed destination with contact details and authorisations. EPA Ireland+1

2. “Further processing” confusion
   If a material needs more than normal industrial practice before use, it may fail the 27 test; if it’s not fully recovered, it may fail 28. Record exactly what treatments occur and show they meet the “normal practice” or “fully recovered” bar. EPA Ireland+1

3. Quality and compliance not proven
   Missing test results, absent standards references, or weak QA/QC undermine confidence. Tie each batch to quality certificates, sampling plans, and the product standard or specification it meets. EPA Ireland

4. Traceability breaks
   Paper trails go missing, locations can’t be verified, and audit prep becomes guesswork. Time/GPS stamps at pickup and at the receiving site, with driver/vehicle IDs and photo evidence, create an auditable chain. (The EPA warns poor-quality submissions delay decisions.) EPA Ireland