Single-use Vapes - Post-Adoption Statement

5. The reasons for choosing to restrict the sale and supply of single-use vapes, as detailed in the SEA Consultation

86. The adopted approach to restricting the sale and supply of single-use vapes reflects the evidence gathered, the assessments undertaken, the results of Defra modelling and the consultation findings. The outcome has shown that these restrictions can provide positive outcomes for Scotland.

5.1 Reasons for choosing the restrictions, as detailed, in the SEA Consultation

87. The planned restrictions are the most effective policy measure to limit the sale and supply of single-use vapes as it removes the presence of the targeted product from the Scottish market, therefore from terrestrial and marine environments, whilst supporting the transition to a circular economy.

88. The approach to be taken forward is a full ban on the sale and supply of single-use vapes, as assessed in the SEA Environmental Report with no changes.

89. Following the publication of the Environmental Report, the Scottish Government facilitated an online public consultation exercise with both statutory consultees and the public.

90. The consultation exercise found overwhelming support for the introduction of restrictions.

91. Responses across the full consultation exercise, from the Scoping and Screening report, as well as the Environmental Report, indicated support for the proposed restrictions.

92. Discussion on the proposals for monitoring measures is provided in Section 6 of this PAS.

5.2 Reasons for the rejection of a Business-as-Usual approach (where no restrictions on the sale and supply of single-use vapes are introduced)

93. The 2005 Act requires that the likely significant environmental effects associated with reasonable alternatives to the plan or programme to be adopted (in this case, the ban on the sale and supply of single-use vapes) are assessed as part of the SEA process. Within this context, reasonable alternatives are defined in reference to the objectives and geographic scope of the plan or programme.

94. The impact analysis assumes that single-use vapes removed from the market are likely to be replaced mostly by reuseable alternatives. The alternative products identified are generally constructed of materials which have a reduced impact on marine environments and biodiversity, will be less littered and will stay in use for significantly longer periods. These considerations and others were noted within the analysis.

95. The policy to ban the sale and supply of single-use vapes has been subject to a range of analyses. The policy has been shown to demonstrate a positive environmental effect across all topic areas assessed, against the Business-as-Usual baseline, where single-use vapes would be used. Alternative reusable vapes are expected to have a less negative impact on the quality of Scotland’s biodiversity, soils, climate and carbon emissions, material demand and landscape compared to the use of the targeted single-use vapes.

96. The Scottish Government is committed to monitoring the response to these restrictions and assess whether any adjustments of further interventions are required. (see Section 6 of this PAS).