How have the devolved nations responded to the legislation in Europe?
- What is in scope for restrictions in Scotland?
- What is in scope for possible restrictions in Northern Ireland?
- What is in scope for potential restrictions in Wales?
- What is in scope for possible restrictions in England?
Scotland
The Scottish Government launched a 12-week consultation that closed 4 January 2021 on potential market restrictions (essentially a ban) on single-use plastic items covered by the EU's Single-Use Plastics Directive.
What is in scope for restrictions in Scotland?
Following the consultation, the items which are restricted, essentially a ban means it is unlawful to make and supply commercially any of the following items:
- Single-use plastic cutlery (forks, knives, spoons, chopsticks, and other similar utensils)
- Single-use plastic plates;
- Single-use plastic beverage stirrers;
- Single-use food containers made of expanded polystyrene;
- Single-use cups made of expanded polystyrene.
The regulations also make it unlawful to supply commercially the items below. These items are subject to exemptions which allow them to be supplied in particular settings and circumstances:
- Single-use plastic straws;
- Single-use plastic balloon sticks;
All the restrictions apply to both online and in-store sales, whether they are free or charged for.
Note - These items are included in Article 5 (restrictions on placing on market) of the EU Directive on the reduction of the impact of certain plastic products on the environment (2019/904) ("the Single-Use Plastics Directive").
What is the date of these restrictions?
The new regulations on single-use plastics have been laid before the Scottish Parliament and came into force 1 June 2022.
What was the consultation outcome?
The consultation response received support of the proposals, 94% of respondents supported the proposal to introduce a restriction on the manufacturing of the specified single-use plastic items, with similar levels of support among individuals and organisations as a whole. However, food, drink, tourism and other business organisations and manufacturing organisations were divided in their views.
Are there any other restrictions in Scotland on SUPs?
On 12 October 2019, Scotland has become the first country in the UK to ban plastic-stemmed cotton buds. For further information please click here.
Additionally, the UK government has already placed a ban on microbeads in cosmetics and personal care products since 2018. For further information please click here. The Scottish regulations can be viewed here.
The Scottish Government is now looking to go beyond this to address additional items.
On 7 April 2022, the Scottish Goverment opened a call for evidence into single-use items. This call for evidence will help inform policy development on how to reduce consumption of single-use food containers and other single-use items which will in turn help the move to a more circular economy. More information can be found in the full consultation document here. The deadline was 30 June 2022.
Northern Ireland
The Department for Agriculture, Environment and Rural Affairs (DAERA) published a Consultation on proposals for the reduction of the usage of Single-use Plastic (SUP) beverage cups and food containers in Northern Ireland (NI). The consultation closed on 14th January 2022.
What is in scope for possible restrictions in Northern Ireland?
The consultation covers all types of single use plastic beverage cups and food containers. Three policies are modelled for both SUP beverage cups and food containers:
- A ban on their use;
- A levy of 25p on each cup and 50p on each food container; and
- A voluntary scheme or schemes implemented by businesses that make use of SUP cups or food containers, which may comprise a range of charges for cups/food containers, discounts for MU cups/food containers and communication efforts. This is modelled as having the same effect as a 10p levy for a beverage cup and 25p for a food container.
What was the consultation outcome?
The consultation closed on 14th January 2022 and the industry currently await the outcome.
Where can I view the consultation?
The full consultation can be viewed here.
Are there any other restrictions in Northern Ireland on SUPs?
Action has already been taken to ban plastic straws, plastic stirrers and plastic-stemmed cotton buds in England which came into effect 1 October 2020. For further information please click here.
On 11 March 2019 a ban on the manufacture and sale of rinse-off personal care products containing microbeads became effective in Northern Ireland. The ban makes it an offence to use microbeads in the manufacture of any rinse-off personal care product or to supply or offer to supply any rinse-off personal care product containing microbeads. The ban is enforced by local councils.
The Northern Ireland Government is now looking to go beyond this to address additional items.
Wales
The Welsh government launched a 12-week consultation on reducing single use plastic in Wales that closed 22 October 2020.
What is in scope for potential restrictions in Wales?
The full list of products being considered for market restrictions are:
- plastic stemmed cotton buds
- cutlery (including knives, forks, spoons, sporks and chopsticks)
- plates (including trays, platters, bowls and laminated paper plates)
- beverage stirrers
- straws
- sticks for balloons
- food containers made of expanded polystyrene
- cups for beverages made of expanded polystyrene
- oxo-degradable products (plastic products which break down by oxidation into micro-fragments) Examples include carrier bags, agricultural mulch films and, most recently, certain plastic bottles.
Where can I view the consultation?
The full consultation can be viewed here.
What was the consultation outcome?
The consultation closed on 22 October 2020. In August 2022, the Welsh Goverment published a draft Bill - The Environmental Protection (Single-use Plastic Products) (Wales) Bill which can be viewed here. The draft Bill will seek to ban or restrict the sale of some of the most commonly littered single-use plastics in Wales, including a ban on plastic bags which are currently subject to a 5p charge.
On 20 September 2022, the Welsh Goverment announced that The Environmental Procetion Bill and Explanatory Memorandum have been laid before Senedd Cymru.
The Bill makes it an offence for a person to supply or offer to supply (including for free), the following commonly littered and unnecessary single-use plastic (SUP) products to a consumer in Wales:
- cutlery
- plates
- stirrers
- drinking straws – this product has an exemption for health needs
- plastic stemmed cotton buds
- balloon sticks
- expanded and foamed extruded polystyrene fast-food containers
- expanded and foamed extruded polystyrene cups
- polystyrene lids for all cups and fast-food containers
- thin plastic single-use carrier bags – this product has an exemption for health or safety needs
- all products made of oxo-degradable plastic.
Are there any other restrictions in Wales on SUPs?
The government has placed a ban on microbeads in cosmetics and personal care products since 2018. For further information please click here.
The Welsh Government are now looking to go beyond this to address additional items.
England
Defra has launched a Call for Evidence on Commonly littered single-use plastic items and a consultation on Single-use plastic: banning the supply of commonly littered single-use plastic items. The Call for Evidence and Consultation closes 12 February 2022.
What is in scope for possible restrictions in England?
The Commonly littered single-use plastic items, includes in scope:
- wet wipes
- tobacco filters
- sachets
- single-use cups
Single-use plastic: banning the supply of commonly littered single-use plastic items includes in scope:
- plates
- cutlery
- balloon sticks
- expanded and extruded polystyrene food and drink containers
What was the consultation outcome?
The consultation closes on 12th February 2022 and the industry currently await the outcome.
Where can I view the consultation?
To view the Call for Evidence on Commonly littered single-use plastic items please click here and to view the consultation on Single-use plastic: banning the supply of commonly littered single-use plastic items please click here.
Are there any other restrictions in England on SUPs?
Action has already been taken to ban plastic straws, plastic stirrers and plastic-stemmed cotton buds in England which came into effect 1 October 2020. For further information please click here.
Additionally, the UK government has already placed a ban on microbeads in cosmetics and personal care products since 2018. For further information please click here.
The English Government are now looking to go beyond this to address additional items.
