Environment strategy for Scotland: business regulatory impact assessment

Section 4: Additional implementation considerations

Enforcement/ compliance

The Strategy covers existing policies and future policy priorities for the future, and therefore does not involve any new enforcement or compliance issues for business. Enforcement or compliance issues will be addressed in the design of policies that respond to the policy priorities set out in the Strategy.

The Initial Monitoring Framework highlighted some areas where additional work is needed to identify robust measures of progress. We intend to review and further develop the Monitoring Framework in order to address these areas. As part of this, we will reflect updates to the Strategy’s outcomes since the initial Framework was published. We will also take account of ongoing and planned work to develop nature restoration targets and circular economy targets. We look forward to working with stakeholders and public bodies as we take this forward.

UK, EU and International Regulatory Alignment and Obligations

Internal Market/ Intra-UK Trade

We will continue to work with colleagues in the UK Government and the Devolved Administration to ensure that any proposals that arise from the Environment Strategy avoid any potential impact of divergence. We will also encourage individual policy areas to consider the potential impacts of divergence on policies, regulations and schemes, where necessary.

International Trade Implications

We 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.

There is a risk that the policies and priorities in the Strategy could potentially impact on the international trade. Therefore, we will work with businesses to ensure that sustainable choices are affordable and practical for businesses, and providing the certainty needed to build business and investor confidence. We will also 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 ensure the Strategy continues alignment with the EU, we will:

• consider the implications of strengthened EU action on due diligence requirements for tackling global deforestation and forest degradation,
• explore opportunities for introducing or strengthening standards for priority products identified through the forthcoming Product Stewardship Plan,
• engage with the UK Government to explore opportunities for aligning with the new EU Ecodesign Regulation, which forms the cornerstone of the EU’s approach to improving product sustainability, and
• work with the UK Government to understand the implications of new mandatory reporting requirements in the EU for Scottish businesses exporting to Europe, including the Corporate Sustainability Reporting Directive.

Legal Aid

No impact on legal aid is expected. However, individual policy areas will consider any policies, regulations and schemes for legal aid impacts, where necessary.

Digital impact

No digital impact is expected from the Strategy. However, policy areas will consider any individual policies, regulations and schemes for potential digital impacts, where necessary.

Business forms

No impact is expected. However, policy areas will consider any individual policies, regulations and schemes, where necessary.