Correspondence regarding concerns and objections about the potential impact on competition in the collection services market arising from the deposit return scheme: EIR release

Information requested

1. Can you provide all correspondence between the Scottish Government and businesses regarding concerns and objections about the potential impact on competition in the collection services market arising from the deposit return scheme.
2. In the new gateway review announced, could you supply a list of those businesses, people or organisations who are being consulted, and a list of the same for the other gateway reviews?
3. If the UK Government blocks the DRS under internal market rules who will pay for Circularity Scotland costs and its contractual obligations to Biffa?
4. What about legal compensation claims from producers that have signed up to the scheme?
5. How many producers have registered for the scheme after the March 1 2023 deadline and have they been registered in accordance with regulations?
6. What has the Scottish Government done to update businesses outside Scotland about the scheme and when was the last time it updated them?

As the information you have requested is ‘environmental information’ for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations. We are applying the exception at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA.

This exception is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exception. We have found that, on balance, the public interest lies in favour of upholding the exception, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.

Response

Question 1

I have included copies of the information you have requested in Annex B.

On reviewing materials within scope of your request, exceptions have been applied in line with the EIRs. The exceptions applied can be found in Annex A.

Question 2

The latest Gateway Review was conducted in March 2023. I have included a list of organisations including names where appropriate which can be found in Annex C. The finalised report and our response will be shared with the Net Zero, Energy and Transport Committee in the near future and published on the Scottish Government website after this has occurred.

Finally, you may wish to refer to the previous Gateway Reviews which are published on the Scottish Government website and include lists of interviewees.

Deposit return scheme - Managing waste

On reviewing materials within scope of your request, exceptions have been applied in line with the EIRs. The exceptions applied can be found in Annex A.

Question 3

While our aim is to provide information whenever possible, in this instance the Scottish Government does not hold the information you have requested. Therefore, this is a formal notice under Regulation 10(4)(a) of EIRs confirming that the Scottish Government does not hold this information.

This exception is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exception. We have found that, on balance, the public interest lies in favour of upholding the exception. While we recognise that there may be some public interest in the requested information, the Scottish Government cannot provide information which we do not hold.

Question 4

Government does not hold the information you have requested. Therefore, this is a formal notice under Regulation 10(4)(a) of EIRs confirming that the Scottish Government does not hold this information.

This exception is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exception. We have found that, on balance, the public interest lies in favour of upholding the exception.

While we recognise that there may be some public interest in the requested information, the Scottish Government cannot provide information which we do not hold.

Question 5

As at 10 March 2023, more than 670 producers responsible for more than 2 billion drinks containers have signed up with Circularity Scotland – this represents the full range of drink producers from global brands to small craft breweries and distilleries.

This means 95% of the annual total volume of products are included in scheme.

As set out in the DRS Regulations, the Scottish Environment Protection Agency (SEPA) will publish a register of all producers who are registered ahead of the scheme launching

Question 6

While our aim is to provide information whenever possible, in this instance the Scottish Government does not hold the information you have requested because the Scottish Government is not obligated to ‘update businesses outside Scotland’. Therefore, this is a formal notice under Regulation 10(4)(a) of EIRs confirming that the Scottish Government does not hold this information.

This exception is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exception. We have found that, on balance, the public interest lies in favour of upholding the exception. While we recognise that there may be some public interest in the requested information, the Scottish Government cannot provide information which we do not hold.

However, I have included some information below which you may find helpful.

Circularity Scotland is the scheme administrator and it is their responsibility to engage directly with producers or importers. You can find out more information on their website here: Deposit Return Scheme | Circularity Scotland Ltd.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.

Annex A - 202300349133

File type

1 page PDF

File size

87.5 kB

Annex B - 202300349133

File type

6 page PDF

File size

262.9 kB

Annex C - 202300349133

File type

1 page PDF

File size

96.3 kB