The Waste (Meaning of Hazardous Waste and European Waste Catalogue) (Miscellaneous Amendments) (Scotland) Regulations 2015

Year2015

2015No. 188

ENVIRONMENTAL PROTECTION

The Waste (Meaning of Hazardous Waste and European Waste Catalogue) (Miscellaneous Amendments) (Scotland) Regulations 2015

5thMay2015

7thMay2015

8thJune2015

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972( 1).

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972, and it appears to the Scottish Ministers that it is expedient for the references in regulations 4, 5, 8 and 11 to Commission Decision 2000/532/ECreplacing Decision 94/3/ECestablishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EECon waste and Council Decision 94/904/ECestablishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EECon hazardous waste( 2) to be references to that instrument as amended from time to time.

Citation, commencement and extent

1.-(1) These Regulations may be cited as the Waste (Meaning of Hazardous Waste and European Waste Catalogue) (Miscellaneous Amendments) (Scotland) Regulations 2015 and come into force on 8th June 2015.

(2) These Regulations extend to Scotland only.

Amendment of the Environmental Protection Act 1990

2. In section 75 of the Environmental Protection Act 1990( 3) (meaning of "waste") for subsection (12) substitute-

"(12) In this Part, "the Waste Directive" means Directive 2008/98/ECof the European Parliament and of the Council on waste and repealing certain Directives( 4), as amended by Commission Regulation (EU) No 1357/2014 replacing Annex III to Directive 2008/98/EC( 5).".

Amendment of the Special Waste Regulations 1996

3. In regulation 1(4) of the Special Waste Regulations 1996( 6) (citation, commencement, extent, application and interpretation) for the definition of "the Waste Directive" substitute-

""the Waste Directive" means Directive 2008/98/ECof the European Parliament and of the Council on waste and repealing certain Directives, as amended by Commission Regulation (EU) No 1357/2014 replacing Annex III to Directive 2008/98/EC;".

Amendment of the Landfill (Scotland) Regulations 2003

4. In regulation 2(1) of the Landfill (Scotland) Regulations 2003( 7) (interpretation)-

(a) for the definition of "European Waste Catalogue" substitute-

""European Waste Catalogue" means the list of wastes set out in Commission Decision 2000/532/ECestablishing a list of wastes, as that instrument may be amended from time to time;"; and

(b) for the definition of "Waste Framework Directive" substitute-

""Waste Framework Directive" means Directive 2008/98/ECof the European Parliament and of the Council on waste and repealing certain Directives, as amended by Commission Regulation (EU) No 1357/2014 replacing Annex III to Directive 2008/98/EC;".

Amendment of the Landfill Allowances Scheme (Scotland) Regulations 2005

5. In regulation 2(1) of the Landfill Allowances Scheme (Scotland) Regulations 2005( 8) (interpretation)-

(a) for the definition of "European Waste Catalogue" substitute-

""European Waste Catalogue" means the list of wastes set out in Commission Decision 2000/532/ECestablishing a list of wastes, as that instrument may be amended from time to time;"; and

(b) for the definition of "recovery" substitute-

""recovery" has the same meaning as in Article 3 of, and Annex II to, Directive 2008/98/ECof the European Parliament and of the Council on waste and repealing certain Directives, as amended by Commission Regulation (EU) 1357/2014 replacing Annex III to Directive 2008/98/EC;".

Amendment of the National Waste Management Plan for Scotland Regulations 2007

6. In regulation 2A of the National Waste Management Plan for Scotland Regulations 2007( 9) (interpretation: the Waste Directive) for paragraph (a) substitute-

"(a) "the Waste Directive" means Directive 2008/98/ECof the European...

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