
2015 No. 188
Environmental Protection
The Waste (Meaning of Hazardous Waste and European Waste Catalogue) (Miscellaneous Amendments) (Scotland) Regulations 2015
Made 5th May 2015
Laid before the Scottish Parliament 7th May 2015
Coming into force 8th June 2015
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 .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/EC replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste  to be references to that instrument as amended from time to time.
Citation, commencement and extent
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(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  (meaning of  “waste”) for subsection (12) substitute—“
(12) In this Part,  “the Waste Directive” means Directive 2008/98/EC of 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 Special Waste Regulations 1996
3 
In regulation 1(4) of the Special Waste Regulations 1996  (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 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 
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Amendment of the Landfill Allowances Scheme (Scotland) Regulations 2005
5 
In regulation 2(1) of the Landfill Allowances Scheme (Scotland) Regulations 2005  (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/EC establishing 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/EC of 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  (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 amended by Commission Regulation (EU) No 1357/2014 replacing Annex III of Directive 2008/98/EC;”.
Amendment of the Renewables Obligation (Scotland) Order 2009
7 
In article 2(1) of the Renewables Obligation (Scotland) Order 2009  (interpretation) for the definition of  “hazardous waste” substitute—““hazardous waste” is as defined in Articles 3(2) and 7 of Directive 2008/98/EC of 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 of Directive 2008/98/EC;”.
Amendment of the Management of Extractive Waste (Scotland) Regulations 2010
8 

(1) The Management of Extractive Waste (Scotland) Regulations 2010  are amended as follows.
(2) In regulation 2(1) (interpretation) for the definition of  “Directive 2008/98/EC” substitute—““Directive 2008/98/EC” means Directive 2008/98/EC of 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 of Directive 2008/98/EC;”.
(3) In Schedule 2 (waste characterisation), in paragraph (b), for  “Decision 2000/532/EC (the European Waste Catalogue)” substitute—“Decision 2000/532/EC establishing a list of wastes (the European Waste Catalogue), as that instrument may be amended from time to time,”.
Amendment of the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011
9 
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Amendment of the Marine Licensing (Exempted Activities) (Scottish Inshore Region) Order 2011
10 
In article 2(1) of the Marine Licensing (Exempted Activities) (Scottish Inshore Region) Order 2011  (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 amended by Commission Regulation (EU) No 1357/2014 replacing Annex III to Directive 2008/98/EC.”.
Amendment of the Waste Management Licensing (Scotland) Regulations 2011
11 
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Amendment of the Pollution Prevention and Control (Scotland) Regulations 2012
12 
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AILEEN McLEOD

Authorised to sign by the Scottish Ministers

St Andrew's House,

Edinburgh
