5. TRANSPOSITION OF REVISED WASTE FRAMEWORK DIRECTIVE (2008/98/EC) PROVISIONS INTO THE WMLR
5.1 A revised WFD - 2008/98/ EC - came into force on 12 December 2008. Member states are required to bring into force by 12 December 2010, the laws, regulations and administrative provisions necessary to comply with revised Directive.
5.2 The revised Directive repeals three existing Directives and incorporates provisions dealing with the issues they address within the single new Directive. The repealed Directives are:
- the existing Waste Framework Directive (2006/12/ EC):
- the Waste Oils Directive (75/439/ EEC):
- the Hazardous Waste Directive (91/689/ EEC).
5.3 Scotland already has in place the necessary laws to comply with these three Directives. However the revised WFD also introduces several provisions which will require additions and amendments to existing Scottish waste legislation.
5.4 We propose to meet some of these new requirements through their inclusion in the revised Zero Waste Management Plan for Scotland ( ZWP).
5.5 The provisions requiring transposition into the WMLR are contained within the draft Regulations titled The Waste Management Licensing (Scotland) Regulations 2010 which are attached in ANNEX 1 to this paper.
5.6. As with the other new amendments and additions arising in the course of this exercise, the changes relating to transposition are highlighted in bold type.
Waste Hierarchy
5.7. The main impact on waste management in Scotland arising from the revised WFD will be the transposition and implementation of a new waste hierarchy (Article 4) and its application as a priority order in waste prevention, waste management licensing and waste policy.
5.8 We have proposed to meet this requirement in two ways:
- Inclusion in the revised ZWP;
- Inclusion within the relevant objectives section (paragraph 4) of Schedule 4, to the draft WML Regulations.
5.9. The revised WFD introduces a 5 step waste hierarchy:
- (a) prevention;
- (b) preparing for re-use;
- (c) Recycling;
- (d) other recovery, e.g. energy recovery; and
- (e) disposal.
5.10. Views on how best to implement the waste hierarchy into the Scottish waste regime were canvassed in the consultation paper Scotland's Zero Waste Plan.