Committee
Net Zero, Energy and Transport Committee 03 February 2026 [Draft]
03 Feb 2026 · S6 · Net Zero, Energy and Transport Committee
Item of business
Subordinate Legislation
Digital Waste Tracking (Scotland) Regulations 2026 [Draft]
Thank you, convener. I will just find my information about the errors so that I can include that, at your request.About 9.5 million tonnes of waste are produced in Scotland each year, but there is currently no single or comprehensive system to track that waste. To achieve a more circular economy and to tackle waste crime, we must have current and accurate information about what waste has been produced and where it ends up. To do that, the Digital Waste Tracking (Scotland) Regulations 2026 will introduce the first phase of a new mandatory digital waste tracking system, which is being rolled out in all four nations.The system will transform existing outdated paper-based systems for recording waste movements and will address the information gap that hinders the effective regulation and management of waste. That should make it easier for those in the industry who operate within the law and reduce opportunities for waste crime for those who do not. The system will ensure that resources are properly recycled or recovered and fed back into the economy.The system has been in development for more than five years. There has been significant business input, including through a waste user panel, which included more than 450 operators in Scotland.The system will support our alignment with developments in the EU, including by meeting the requirements for digital recording of hazardous waste and waste containing persistent organic pollutants.The first phase of implementation, which will commence on a mandatory basis from 1 January 2027 in Scotland, will apply to facilities that are authorised by the Scottish Environment Protection Agency to carry out a waste activity. Equivalent phase 1 regulations are planned in England, Wales and Northern Ireland, and we will work closely with those Governments and the UK environmental regulators to support alignment and delivery across the four nations.The errors that you mentioned are very minor. For example, definitions of “end of the quarter” and “quarter” are included in regulation 2, but those terms are not used in the draft regulations. There are some drafting errors, but they have no impact on the meaning of the instrument.As part of the four-nations approach to the Scottish statutory instruments that the committee considered last week and is considering this week, we fed back that, after the negotiations and the drafting involving all four nations, an additional quality assurance step is needed. We did that as a result of the minor errors that have been brought to our attention.Given that there will be a phase 2 associated with the new system, we aim to use that process to amend the drafting errors in this instrument, which have no material effect.I hope that that clarifies the position. I thank the committee for its time and am happy to answer questions.
In the same item of business
The Convener
Con
Welcome back. Cabinet secretary, I am sorry for the slight delay—as you can imagine, the draft climate change plan was quite a lengthy subject, and I am sure...
The Cabinet Secretary for Climate Action and Energy (Gillian Martin)
SNP
Thank you, convener. I will just find my information about the errors so that I can include that, at your request.About 9.5 million tonnes of waste are produ...
The Convener
Con
Thank you very much, cabinet secretary. I accept that the errors are drafting errors, but they mean that amendments will be needed to the legislation and, in...
Gillian Martin
SNP
It covers waste streams that involve waste activity at permitted facilities—I use the phrase “receiving sites”. The instrument excludes local authority house...
The Convener
Con
I assume that recording the waste that goes into the receiving sites will help us to achieve the circular economy that we are looking for in Scotland, by red...
Gillian Martin
SNP
Yes. I think that it will be instrumental in helping with that, because it will improve the quality and accuracy of the reporting of the waste data—what is a...
The Convener
Con
Do you think that the system will reduce the amount of unsold goods that find their way to disposal?
Gillian Martin
SNP
Sorry—I need clarification on that, convener. Are you asking whether it will reduce the amount of unsold goods that make their way in?
The Convener
Con
Some unsold goods are put into the waste cycle. I am trying to work out whether, in recording what is going into waste, unsold goods will be picked up. They ...
Gillian Martin
SNP
We will certainly get a more accurate picture of the types of waste that are going in. Unsold goods that have been put into any kind of receiver will be reco...
The Convener
Con
That last point is the key and interesting bit.Sarah Boyack has some questions.
Sarah Boyack
Lab
How will the arrangements for digitally excluded persons work in practice? Will that be at SEPA’s discretion? Will there be a database of exclusions? Do you ...
Gillian Martin
SNP
It will be a very small number, but digitally excluded persons will be exempted from the use of the tracking system, for obvious reasons. SEPA will have a re...
Sarah Boyack
Lab
The information will still be added into the system so that we can look at the analysis.
Gillian Martin
SNP
Yes.
Mark Ruskell
Green
I want to ask about compatibility with international systems. I know that there is development of similar waste tracking systems in the EU.
Gillian Martin
SNP
Do you mean the interface between the actual software?
Mark Ruskell
Green
Well, yes—it is about all aspects of the systems.
Gillian Martin
SNP
My understanding is that the systems are for use domestically. They will not have to interface with any other digital systems. However, the regulations will ...
Mark Ruskell
Green
I assume that there will be transnational shipments between the EU and Scotland at some point.
Gillian Martin
SNP
I will need to bring in Haydn Thomas on that.
Mark Ruskell
Green
I am thinking about electronics and other resources that have a bigger supply chain.12:30
Haydn Thomas (Scottish Government)
There are probably three aspects to that. Certain waste streams are required to have digital waste tracking in the EU. We made certain commitments on keeping...
The Convener
Con
The information that is collected when the waste is being tracked will be made available to local authorities for their statutory duties. Part of getting peo...
Gillian Martin
SNP
That goes back to the initial question that you asked about the analysis. Having a complete set of digital data will allow us to assess trends. Part of that ...
The Convener
Con
When we talk about releasing data, we always have to think about data protection. You have obviously thought about that. Are there any risks?
Gillian Martin
SNP
No. No more data will be available publicly than is available now. In effect, we are taking the current paper-based system and turning it into a digital syst...
The Convener
Con
Thank you.As there are no more questions from committee members, we move to agenda item 5, which is consideration of motion S6M-20458.Motion moved,That the N...
The Convener
Con
Does the committee agree to delegate to me, as convener, the authority to approve the draft report for publication?Members indicated agreement.
The Convener
Con
Thank you, cabinet secretary, and thank you to your officials, who I think are going to leave now. I will briefly suspend the meeting to allow a quick shift ...