Single-use Vapes - Post-Adoption Statement

2. How environmental considerations have been integrated into the restrictions on the sale and supply of single-use vapes

2.1 Environmental considerations for the restrictions of the sale and supply of single-use vapes

21. The design, development, and implementation of the ban on single-use vapes has been led by environmental considerations, reflecting key Scottish Government commitments and ambitions:

• To contribute to the ambitions of the recently passed Circular Economy (Scotland) Act 2024.^[10] The Act aims to accelerate Scotland’s journey towards a circular economy, and the proposed ban on the sale and supply of single-use vapes aligns with this ambition by phasing out single-use items and encouraging the adoption of reusable alternatives.
• To contribute to meeting the recycling target of ensuring 70% of all waste recycled by 2025, as set out in the Zero Waste Plan^[11] as part of a clear strategy to make the most of resources and to reduce, reuse and recycle more materials in Scotland.
• To enable the public to adopt alternative behaviours to their consumption and disposal of resources. This may be achieved through access to improved recycling opportunities, improved product design, awareness campaigns, and targeted exploration to tackle litter on beaches (as part Towards a Litter Free Scotland: A strategic Approach to Higher Quality Local Environments^[12] and the A Marine Litter Strategy for Scotland).^[13]
• The Scottish Government’s Programme for Government 2023-2024 includes a commitment to take action to reduce vaping among non-smokers and young people and to tackle the environmental impact of single-use vapes, including consulting on a proposal to ban their sale and other appropriate measures.^[14]

22. In October 2023, the UK Government published ‘Stopping the start: our new plan to create a smokefree generation’ which included proposals to tackle youth vaping and to restrict the sale of single vapes. Following this, the Scottish Government, alongside the UK Government, Welsh Government and the Northern Ireland Department of Health and Department of Agriculture, Environment and Rural Affairs, published a UK-wide consultation which received nearly 28,000 responses.

23. The consultation feedback showed widespread support for banning the sale and supply of single-use vapes. Almost 80% of respondents agreed that there should be a ban on the sale and supply of single-use vapes, with a common theme of concern over their environmental impacts arising in the comments. 69% of respondents believed that such restrictions should take the form of banning their sale and supply. The principles, aims and objectives of the restrictions on single-use vapes items are:

• To reduce pollution from plastic, microplastic and e-liquid waste within the landscape, ecosystems and habitats of Scotland.
• To support a shift away from our throwaway culture by making more efficient use of materials as well as reusable and recyclable alternatives.
• To support the transition to a circular economy.

24. The introduction of the ban on the sale and supply of single-use vapes should reduce the carbon impacts associated with both the production and disposal of these products, whilst reducing the impacts of litter in our onshore and marine environments and preventing waste from entering these ecosystems to the detriment of local biodiversity.

2.2 Environmental considerations through the SEA

25. The SEA has played an integral role in highlighting the environmental factors to be considered in the development of the ban on single-use disposable vapes.

26. The following topics were scoped into the assessment (confirmed through scoping consultation):

• Climatic factors
• Biodiversity
• Water
• Human health
• Soil
• Air
• Material assets
• Landscape and visual impacts

27. As part of the SEA, and consistent with the requirements of Schedule 3 (1) and (5) of the 2005 Act, the SEA identified and reviewed other relevant plans, programmes and strategies (PPS) which could influence the development and objectives of restricting the sale and supply of single-use vapes. These included PPS at an international/European, national, regional or local level, commensurate with the scope of the plan. The review identified the relationships between the plan and these other documents i.e. how the restrictions could be affected by the other plans’ and programmes’ aims, objectives and/or targets, or how it could contribute to the achievement of their environmental and sustainability objectives.

28. For each relevant SEA topic, baseline information was also provided for the current receptors which could be impacted by introduction of the market restrictions. The baseline provided information against which key metrics for the proposed restrictions (such avoided carbon emissions) were assessed to determine the impact of the restrictions throughout its operation. The evolution of this baseline was taken to be the Business-as-Usual option.

29. The bullet point list below sets out the assessment framework, which contains the question used for each topic to undertake the assessment of the effects from the market restrictions.

• Climatic Factors – Will it reduce greenhouse gas (GHG) emissions resulting from the disposal of single-use vapes, including tne impacts of the embodied carbon in wasted vapes.
• Biodiversity – Will it protect habitats and species in Scotland from damage resulting from littered single-use vapes.
• Human Health – Will it improve human health in Scotland through a reduction in the ease of use of single-use vapes for new smokers, and the associated health concerns; and
• Will it reduce the risk of harm to waste managers and members of the public resulting from fires caused by incorrectly disposed vapes.
• Material Assets – Will it reduce consumption of virgin materials, including critical raw materials, used in vapes; and
• Will it reduce loss of materials to landfill, energy recovery, or litter in the form of discarded single-use vapes.
• Landscape and Visual Assets - Will it enhance the visual impact of Scotland’s landscapes through a reduction in the volume of littered vapes in the environment.
• Air - Will it contribute to improved air quality through the reduction in use of single-use vapes and resultant pollution from vapours; and
• Will it reduce the risk of air pollution caused by the disposal of waste vapes and the associated risk of waste fires.
• Water – Will it protect waterways in Scotland from pollution resulting from littered single-use vapes e.g. from residual nicotine, additives, and microplastics.
• Soil – Will it enhance soil quality in Scotland by reducing soil pollution from littered single-use vapes e.g. from residual nicotine, additives, and microplastics.

30. The potential effects of the ban were examined to identify, detail and evaluate (where possible) the likely significant effects that could arise drawing on the following to inform the assessment:

• consultation with statutory consultees and other stakeholders;
• the contextual information including a review of PPS, the regulatory framework and baseline;
• the nature of the potential effect (what is expected to happen);
• the timing and duration of the potential effect (e.g., short, medium or long term);
• the geographic scale of the potential effect (e.g., local, regional, national);
• the location of the potential effect (e.g., rural or urban communities);
• the potential effect on vulnerable communities or sensitive habitats;
• the reasons for whether the effect is considered significant;
• the reasons for any uncertainty, where this is identified; and
• the potential to avoid, minimise, reduce, mitigate, or compensate for the identified effect(s) with evidence (where available).