2015 No. 438
Environmental Protection

The Waste (Meaning of Recovery) (Miscellaneous Amendments) (Scotland) Order 2015

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Order in exercise of the powers conferred by section 74 of the Marine and Coastal Access Act 20091 and section 2(2) of the European Communities Act 19722 and all other powers enabling them to do so.

In deciding to make this Order, the Scottish Ministers have had regard to the matters mentioned in section 74(4) of the Marine and Coastal Access Act 2009.

In accordance with section 74(5) of that Act, the Scottish Ministers have consulted such persons as they consider appropriate.

Citation and commencement1.

This Order may be cited as the Waste (Meaning of Recovery) (Miscellaneous Amendments) (Scotland) Order 2015 and comes into force on 1st July 2016.

Amendment of the Special Waste Regulations 19962.

In regulation 1(4) of the Special Waste Regulations 19963 (citation, commencement, extent, application and interpretation), for the definition of “the Waste Directive” substitute—
““the Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives4, as last amended by Commission Directive (EU) 2015/1127 amending Annex II to Directive 2008/98/EC5;”.

Amendment of the End-of-Life Vehicles (Storage and Treatment) (Scotland) Regulations 20033.

In regulation 2 of the End-of-Life Vehicles (Storage and Treatment) (Scotland) Regulations 20036 (interpretation), for the definition of “Waste Directive” substitute—

““Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives, as last amended by Commission Directive (EU) 2015/1127 amending Annex II to Directive 2008/98/EC;”.

Amendment of the National Waste Management Plan for Scotland Regulations 20074.

In regulation 2A of the National Waste Management Plan for Scotland Regulations 20077 (interpretation: the Waste Directive), for paragraph (a) substitute—

“(a)

“the Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives, as last amended by Commission Directive (EU) 2015/1127 amending Annex II to Directive 2008/98/EC; and”.

Amendment of the Marine Licensing (Exempted Activities) (Scottish Offshore Region) Order 20115.

In article 3(1) of the Marine Licensing (Exempted Activities) (Scottish Offshore Region) Order 20118 (interpretation), for the definition of “the Waste Framework Directive” substitute—

““the Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives, as last amended by Commission Directive (EU) 2015/1127 amending Annex II to Directive 2008/98/EC.”.

Amendment of the Marine Licensing (Exempted Activities) (Scottish Inshore Region) Order 20116.

In article 2(2) of the Marine Licensing (Exempted Activities) (Scottish Inshore Region) Order 20119 (interpretation), for the definition of “the Waste Framework Directive” substitute—

““the Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives, as last amended by Commission Directive (EU) 2015/1127 amending Annex II to Directive 2008/98/EC.”.

Amendment of the Waste Management Licensing (Scotland) Regulations 20117.

(1)

The Waste Management Licensing (Scotland) Regulations 201110 are amended as follows.

(2)

In regulation 2(1) (interpretation), for the definition of “the Directive” substitute—

““the Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives, as last amended by Commission Directive (EU) 2015/1127 amending Annex II to Directive 2008/98/EC;”.

(3)

In the table in Part 3 of Schedule 4 (waste recovery operations), in the entry for operation code R1, for “the formula” substitute “the energy efficiency formula and climate correction factor”.

Amendment of the Pollution Prevention and Control (Scotland) Regulations 20128.

In regulation 3(1) of the Pollution Prevention and Control (Scotland) Regulations 201211 (interpretation: enactments etc.), for the definition of “Waste Framework Directive” substitute—

““Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives, as last amended by Commission Directive (EU) 2015/1127 amending Annex II to Directive 2008/98/EC.”.

RICHARD LOCHHEAD
A member of the Scottish Government

St Andrew’s House,

Edinburgh

EXPLANATORY NOTE
(This note is not part of the Order)

This Order amends various enactments to effect changes as a consequence of the amendment of Annex II to Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives (“the Waste Framework Directive”) (OJ L 312, 22.11.2008, p.3) by Commission Directive (EU) 2015/1127 (“the 2015 Directive”) (OJ L 184, 11.07.2015, p.13).

Article 3(15) of the Waste Framework Directive provides a definition of “recovery” of waste and makes reference to Annex II, which sets out a non-exhaustive list of recovery operations. The 2015 Directive amends Annex II to the Waste Framework Directive. The amendment makes provision for a climate correction factor to be applied to the energy efficiency formula used to calculate whether an incineration facility dedicated to the processing of municipal solid waste meets the energy efficiency threshold for being considered a recovery operation (operation “R1” in Annex II).

No business and regulatory impact assessment has been prepared for this Order as no significant change is foreseen to the existing impacts upon business, charities or voluntary bodies.