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Consultation on Restricting the Marketing and Use of Short Chain Chlorinated Paraffins (SCCPs) in Scotland

EXECUTIVE SUMMARY

This consultation paper addresses how the Scottish Executive intends to introduce controls on marketing and use of Short Chain Chlorinated Paraffins (SCCPs) in Scotland. The consultation is aimed at manufacturers and users of SCCPs, as well as organisations and individuals who have an interest in affected industries or environmental protection.

The consultation paper explains the rationale for introducing controls on SCCPs and the proposed method of implementing such controls through regulations. It also includes a draft regulatory impact assessment (RIA) that sets out the Executive’s view of the impact of these regulations on business. The consultation paper invites comments on the draft regulations at Annex I and draft RIA at Annex III.

The purpose of the proposed regulations is to enhance protection for the environment, by restricting the marketing and use of a group of chemicals that has been shown to create unacceptable risks when used in certain applications.

European Commission Directive 2002/45/EC¹ requires Member States to introduce controls on SCCPs in metalworking fluids and leather finishing. The controls must come into effect by 6 January 2004 at the latest. As the purpose of the controls is to enhance protection for the environment, the responsibility for transposing the Directive in Scotland falls to the Scottish Ministers. The Executive proposes that this be done by means of the Regulations which are attached at Annex I. The regulations will be made under section 2(2) of the European Communities Act 1972.

This consultation paper and the proposed regulations cover Scotland only. The Department for Environment Food and Rural Affairs (Defra) and the Department for the Environment of Northern Ireland will be conducting separate consultations in their regions and will be introducing their own Regulations to transpose the Directive.

Responses to this consultation paper should be sent by 1 December 2003 to:
Bob Cuthbertson
SEPA Sponsorship and Waste Unit
Area 1-J (N)
Scottish Executive
Victoria Quay
Edinburgh EH6 6QQ
e-mail: SEPATeam@scotland.gsi.gov.uk
Tel: 0131 244 0236
Fax: 0131 244 0245

Consultees should note that it may not be possible to consider responses which arrive after the deadline. The Scottish Executive may wish to publish responses to this consultation in due course or to deposit them in their libraries where they will be available for public examination. If this is done, all responses received will be so published or deposited, unless a respondent specifically asks for his or her response to be treated as confidential. Confidential responses will, nevertheless, be included in any statistical summary of comments received or views expressed.

Following the completion of the consultation exercise, responses will be analysed and policy options assessed before Regulations are laid in the Scottish Parliament. It is the Executive’s intention to make the regulations as soon as possible after the end of the consultation period.

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