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The Waste and Agriculture (Legislative Functions) Regulations 2021

Letter to Cabinet Secretary for Net Zero, Energy and Transport, Michael Matheson from the Convener, 29 October 2021

Dear Cabinet Secretary,

The Net Zero, Energy and Transport Committee discussed the above SI at its meeting on 26 October. Having examined the documentation supplied with the proposed SI, the Committee agreed to write to you to seek further information, specifically around the environmental waste regulations aspects, to help inform our consideration of the instrument.

The Committee would welcome clarification on the following aspects:

1. Article 5 of the Waste Framework Directive on by-products requires that, in the case where the Commission adopts implementing acts in order to establish detailed criteria on the uniform application of conditions to by-products, that those criteria shall “ensure a high level of protection of the environment and human health and facilitate the prudent and rational utilisation of natural resources”. Will the powers being taken by Scottish Ministers also be subject to this requirement?
2. Similarly, in exercising powers to set end-of-waste criteria under Article 6 of the Waste Framework Directive, the Directive requires that criteria adopted by the Commission “ensure a high level of protection of the environment and human health and facilitate the prudent and rational utilisation of natural resources”, and meet a number of further specified criteria, e.g. requirements for management systems to demonstrate compliance with the end-of-waste criteria, including for quality control and self-monitoring, and accreditation, and allowed treatment processes and techniques. There is also a requirement to be assisted by a Committee. Will the powers being taken by Scottish Ministers also be subject to these requirements?
3. Under Article 8(4) of Directive 2012/19/EU on waste electrical and electronic equipment (WEEE), the Commission has powers of modification of any provision corresponding to Annex VII of the Directive in order to introduce other treatment technologies “that ensure at least the same level of protection for human health and the environment”. Will Scottish Ministers’ (or UK Secretary of State) new powers of modification of these standards be constrained in the same way?
4. The notification states that in future, the use of the any of the regulation-making powers will be covered by the Waste and Resources Common Framework.

   What implications does this have for the Scottish Government’s policy commitment to continue to align with EU environmental standards?

We ask that a response is provided no later than 9 November 2021.

Yours sincerely,

Dean Lockhart MSP

Convener