UK packaging producer responsibility system reform: partial business and regulatory impact assessment

3.0 Consultation

3.1 Consultation within government

20. In reforming the 1997 Packaging Waste Regulations, the Scottish, UK, Welsh and Northern Irish Governments want to design a packaging EPR scheme that has a positive long-term impact, is consistent and works well for all citizens. This requires a joint approach while respecting devolved powers. The UK and devolved governments are therefore closely collaborating on a redesign of the system. The governments will also engage specifically with local authorities, as a key stakeholder within the proposed system.

21. As the proposed regulators of the scheme, SEPA and the environmental regulators in the other nations of the UK have been closely involved in design of the scheme to date, and will continue to play a significant role as we move forward through policy development and implementation.

3.2 Public consultation

22. Between February 18^th and May 13^th 2019, the UK, Scottish, Northern Irish and Welsh governments undertook a joint consultation on reforming the UK packaging producer responsibility system.^[20] It discussed the rationale for reforming the current system, set out the key principles and features of a revised EPR system for packaging, proposed packaging waste recycling targets to 2030, and presented different governance options for a future system – without putting forward a preferred option.

23. The summary of responses notes that 679 separate responses and 34 campaign responses were received. Overall, respondents were positive about the intent to improve the current system and for packaging EPR to form part of a coherent system that is understandable and fair to businesses and consumers.Based on the strong support from respondents for the principles and outcomes of a reformed packaging EPR scheme, the governments committed to progressing the policy proposals and to introducing a new EPR scheme for packaging.^[21]

24. This partial BRIA accompanies a second consultation document produced jointly by the UK, Scottish, Welsh, and Northern Irish governments which puts forward more concrete options for a reformed EPR scheme for packaging. The consultation will be open for submissions from [date] until [date] and the results will inform the final BRIA.

3.3 Business consultation

25. A wide range of engagement (within the restrictions imposed by COVID-19 and the period prior to the election to the Scottish Parliament on 6 May 2021) is planned at both a Scottish and UK level. This is intended to inform a wide range of affected businesses and trade associations about the proposals and seek their feedback.

26. Within this context, we will carry out more focused engagement with a group of 6-12 businesses to inform the Scottish Firms Impact Test and Competition Assessment.

27. The consultation with businesses will take place during and after the public consultation process. The form of engagement will depend on COVID-19 restrictions at the time, but it is expected that it will include:

• Questionnaires.
• Virtual interviews and possibly workshops.
• Email correspondence.

28. Between 6-12 affected businesses, representative organisations and trade unions of varying sizes and sectors will be consulted on the proposed changes. The results will be published in the final BRIA. This process will help to establish:

• Any anticipated impact on the competitiveness of Scottish companies within the UK, or elsewhere in Europe or the rest of the world.
• The number of businesses and the sectors likely to be impacted by the change.
• The likely cost or benefit to business.