The Pollution Prevention and Control (Scotland) Amendment Regulations 2003

Amendment of the Regulations

19.  In Schedule 1 in Part 1 in Chapter 5 (waste management)–

(a) after the heading there is inserted–

“This chapter should be interpreted in accordance with Article 11 of Council Directive 75/442/EEC(1) or Article 3 of Council Directive 91/689/EEC(2).”;

(b) in Section 5.1 (incineration) in the paragraph headed “Interpretation of Section 5.1”, in the definition of “hazardous waste”, in paragraph (iii), “the exploration of” is deleted;

(c) in Section 5.2 (landfill and disposal to land) in the paragraph headed “Interpretation of Section 5.2”, in the definition of “inert waste” for “or” in the second last place it occurs, there is substituted “of”;

(d) in Section 5.3 (disposal of waste other than by incineration or landfill) in Part A–

(i) in paragraph (c)(i) for “75/441” there is substituted “75/442/EEC, which results in final compounds or mixtures which are discarded by means of any of the operations numbered D1 to D12 in that Annex”; and

(ii) in paragraph (c)(ii) for “75/441” there is substituted “75/442/EEC, which results in final compounds or mixtures which are discarded by means of any of the operations numbered D1 to D12 in that Annex (for example, evaporation, drying, calcination, etc)”; and

(e) in Section 5.3, after paragraph 2 below the heading “Interpretation of Part A”, there is inserted–

“3.   Nothing in this Part applies to the treatment of waste soil by means of mobile plant.”;

(f) in Section 5.4 (recovery activities) in Part A, in paragraph (c)–

(i) at the end of subparagraph (i) there is inserted “(R1)”

(ii) at the end of subparagraph (ii) there is inserted “(R5)”

(iii) at the end of subparagraph (iii) there is inserted “(R6)”

(iv) at the end of subparagraph (iv) there is inserted “(R8)”

(v) at the end of subparagraph (v) there is inserted “(R9)”

(vi) at the end of subparagraph (vi) there is inserted “(R2)”

(vii) at the end of subparagraph (vii) there is inserted “(R7)”; and

(g) the paragraph headed “Interpretation of Part A” is numbered as paragraph “1.” and at the end of that paragraph there is inserted–

“2.   Paragraph (c)(ii) of this Part does not apply to the treatment of waste soil by means of mobile plant.

3.   The reference to a paragraph number in brackets at the end of paragraphs c(i) to (vii) of this Part is to the number of the corresponding paragraph in Annex IIB of Council Directive 75/442/EEC on waste (recovery operations).”.

(1)

O.J. No. L 194, 25.7.75, as amended by Council Directives 91/156/EEC (O.J. No. L 78, 26.3.91) and 91/692/EEC (O.J. No. L 337, 31.12.91, and Commission Decision 96/350/EC (O.J. No. L 135, 6.6.96, p.32).

(2)

O.J. No. L 377, 31.12.91).