The Waste Management Licensing Amendment (Waste Electrical and Electronic Equipment) (Scotland) Regulations 2007

Explanatory Note

(This note is not part of the Regulations)

These Regulations transpose the permitting requirements of Article 6 and Annexes II and III of Council Directive 2002/96/EC on waste electrical and electronic equipment (“WEEE”) (O.J. No. L37, 13.2.2003, p.24) as amended by Council Directive 2003/108/EC (O.J. No. L 345, 31.12.2003, p.106).

They do so by amending the Waste Management Licensing Regulations 1994 (“the 1994 Regulations”) to facilitate the grant or variation of waste management licences in respect of WEEE.

Regulation 4 inserts new definitions into regulation 1(3) of the 1994 Regulations in respect of activities involving WEEE.

Regulation 5 amends regulation 4(2) of the 1994 Regulations to make provision in relation to the technical competence of those involved in the treatment of WEEE.

Regulation 6 inserts a new regulation 12A into the 1994 Regulations to require SEPA to ensure that any waste management licences granted or varied in respect of the storage or treatment of WEEE contains conditions sufficient to meet the requirements of Article 6 and Annexes II and III of the Directive.

Regulation 7 amends Schedule 4 of the 1994 Regulations to require the inspection of exempt treatment activities involving WEEE. It also makes further amendments in consequence of the Waste Management Licensing (Amendment) (Scotland) Regulations 2006 (S.S.I. 2006/541).

Regulation 8 sets out the transitional arrangements for existing licence holders.

A Regulatory Impact Assessment in relation to these Regulations has been placed in the library of the Scottish Parliament and a copy can be obtained from the Waste Pollution and Reduction Division, Scottish Executive and Rural Affairs Department (SEERAD), Victoria Quay, Leith, EH6 6QQ.