# The Waste (Meaning of Recovery) (Miscellaneous Amendments) (Scotland) Order 2015 S.S.I. 2015/438 · made 16 December 2015 · revised to 1 November 2025 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). Made under: Marine and Coastal Access Act 2009 (Section 74); European Communities Act 1972 (repealed) (Section 2) PDFs: Printed copy https://openlegislation.uk/waste-meaning-of-recovery-miscellaneous-amendments-scotland-order-2015/pdf/ssi_20150438_en.pdf; Policy Note https://openlegislation.uk/waste-meaning-of-recovery-miscellaneous-amendments-scotland-order-2015/pdf/ssipn_20150438_en.pdf ## Introductory text Environmental Protection Made 16th December 2015 Laid before the Scottish Parliament 18th December 2015 Coming into force 1st July 2016 The Scottish Ministers make the following Order in exercise of the powers conferred by section 74 of the Marine and Coastal Access Act 2009 and section 2(2) of the European Communities Act 1972 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. ## 1 Citation and commencement This Order may be cited as the Waste (Meaning of Recovery) (Miscellaneous Amendments) (Scotland) Order 2015 and comes into force on 1st July 2016. ## 2 Amendment of the Special Waste Regulations 1996 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 last amended by Commission Directive (EU) 2015/1127 amending Annex II to Directive 2008/98/EC;”. ## 3 Amendment of the End-of-Life Vehicles (Storage and Treatment) (Scotland) Regulations 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 4 Amendment of the National Waste Management Plan for Scotland Regulations 2007 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 last amended by Commission Directive (EU) 2015/1127 amending Annex II to Directive 2008/98/EC; and”. ## 5 Amendment of the Marine Licensing (Exempted Activities) (Scottish Offshore Region) Order 2011 In article 3(1) of the Marine Licensing (Exempted Activities) (Scottish Offshore 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 last amended by Commission Directive (EU) 2015/1127 amending Annex II to Directive 2008/98/EC.”. ## 6 Amendment of the Marine Licensing (Exempted Activities) (Scottish Inshore Region) Order 2011 In article 2(2) 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 last amended by Commission Directive (EU) 2015/1127 amending Annex II to Directive 2008/98/EC.”. ## 7 Amendment of the Waste Management Licensing (Scotland) Regulations 2011 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 8 Amendment of the Pollution Prevention and Control (Scotland) Regulations 2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## Signature RICHARD LOCHHEAD A member of the Scottish Government St Andrew’s House, Edinburgh 16th December 2015 ## 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. --- Source: https://www.legislation.gov.uk/ssi/2015/438 (the official version) Page: https://openlegislation.uk/waste-meaning-of-recovery-miscellaneous-amendments-scotland-order-2015 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.