A Circular Economy Strategy for Scotland – Business and Regulatory Impact Assessment (BRIA)

Section 4: Additional implementation considerations

Enforcement/ compliance

The detail of enforcement, sanctions and/or monitoring arrangements will be set out for individual interventions resulting from the Strategy’s priorities, where appropriate, as they are being developed in the future. Overall monitoring of progress will be delivered through the Circular Economy Monitoring and Indicator Framework included in the Strategy. This will allow for more holistic tracking of Scotland’s consumption levels and wider measures of circularity. It will also be the starting point for development of future targets to be developed by 2027.

UK, EU and International Regulatory Alignment and Obligations

Internal Market/ Intra-UK Trade

Scottish Government will continue to work with colleagues in the UK Government and the Devolved Governments to ensure that any proposals that arise from the Strategy consider any potential impact of divergence. Individual policy areas will also be encouraged to consider the potential impacts of interventions resulting from the Strategy priorities, where necessary.

International Trade Implications

Scottish Government will continue to advocate to the UK Government to fully consider environmental impacts and opportunities during the negotiation and implementation of trade deals, and within WTO multilateral discussions.

Scotland’s Vision for Trade commits to striving to ensure our approach to trade helps to improve Scotland’s overseas environmental impact by promoting a shift towards environmentally sustainable consumption and production.^[32]

There is a risk that the interventions resulting from priorities in the Strategy could potentially impact on international trade. Therefore, work will be undertaken with businesses to ensure that sustainable choices are affordable and practical for businesses, and providing the certainty needed to build business and investor confidence. This will also include work with businesses to understand the opportunities offered by these economic transformations, as well as potential barriers, including costs.

EU Alignment consideration

The Continuity Act provides Scottish Ministers with regulation making powers to help meet the Scottish Government’s commitment to align with future developments in EU law, where appropriate.

To help ensure the Strategy continues alignment with the EU, the Scottish Government will:

• Look to align with the EU strategy for sustainable and circular textiles.
• Look to align with EU Batteries and End of Life Vehicle regulations.
• Explore opportunities for introducing or strengthening standards for priority products identified through the forthcoming Product Stewardship Plan.
• Maintain ongoing dialogue with other UK nations on the range of emerging policy at EU level to support alignment where it is appropriate to do so.

Legal Aid

The Access to Justice Team at Scottish Government will be consulted, where appropriate, when interventions resulting from the Strategy’s priorities are being developed in the future.

Digital impact

The assessment on digital impacts will be undertaken, where appropriate, when interventions resulting from the Strategy’s priorities are developed in the future.

Business forms

The assessment on business forms will be undertaken, where appropriate, for individual interventions resulting from the Strategy’s priorities as they are being developed in the future.