Single-Use Disposable Beverage Cups Charge Strategic Environmental Assessment: Environmental Report

4. Environmental baseline and related plans, programmes, and strategies

4.1 Circular economy and single-use packaging regulations

The Circular Economy (Scotland) Bill, passed in July 2024, gives Scottish Ministers new powers to require suppliers of single-use items to charge a minimum amount for such items, through the introduction of a new section 87A into the Climate Change (Scotland) Act 2009^[17], with the policy aim of reducing consumption and therefore reducing the environmental harm caused^[18]. The Scottish Government intends that an early use of such powers will be to introduce a minimum charge on single-use disposable beverage cups.

Other provisions in the bill include:

• Publishing a strategy for a circular economy every five years and creating new circular economy targets;
• Restrictions on the disposal of unsold consumer goods;
• Creating new powers and responsibilities regarding local authority collection of household waste, including allowing Scottish Ministers to set local authority recycling targets;
• More enforcement powers to tackle issues such as litter and flytipping; and
• Reporting on waste and surplus.

The Scottish Government launched a consultation on Scotland’s Circular Economy and Waste Route Map to 2030^[19] in January 2024. The route map sets out how Scotland intends to deliver its sustainable resource use and circular economy ambitions, including making use of the new powers included in the Circular Economy (Scotland) Bill.

The Route Map is designed to drive progress in three key areas:

1. Setting the strategic direction and laying foundations for how we will deliver our system-wide, comprehensive vision for Scotland’s circular economy from now to 2030 – based on responsible production, responsible consumption, and maximising value from waste and energy.

2. Setting out priority actions from now to 2030 to accelerate more sustainable use of our resources across the waste hierarchy. We acknowledge the progress we have made against our existing 2025 waste reduction and recycling targets, the areas we have fallen short, and the lessons we can learn as we set out the framework for what comes next.

3. Reducing emissions associated with resources and waste. Ahead of the next Climate Change Plan (CCP)^[20], the Route Map sets out the opportunities we will take to decarbonise the waste sector.

Measures in the Route Map are grouped under four strategic aims, reflecting the span of the waste hierarchy:

1. Reduce and reuse;

2. Modernise recycling;

3. Decarbonise disposal; and

4. Strengthen the circular economy.

The first strategic aim of the Route Map includes a proposal to develop a prioritised approach to the introduction of environmental charges to tackle consumption of problematic products and promote a move to more sustainable alternatives by 2025-26. Specifically, the Route Map commits to the introduction of a charge on single-use disposable beverage cups by 2025.

This approach aligns with the Scottish Government’s commitment to keep pace with, or exceed, the European Union Directive on the Reduction of the Impact of Certain Plastic Products on the Environment (Single-Use Plastics (SUP) Directive – Directive (EU) 2019/904)^[21] where able to do so and in a manner that contributes towards maintaining and advancing standards. The EU SUP Directive underscores the substantial adverse effects on the environment, health, and economy caused by specific plastic products, particularly single-use items. This directive builds upon the ‘European Strategy for Plastics in the Circular Economy’^[22], providing a dedicated legal framework to elevate the level of commitment seen in national measures targeting litter prevention and reduction, with a specific emphasis on single-use plastics. The directive introduces measurable and quantitative reductions at the national level in the production and consumption of single-use plastic products. It also advocates for harmonised technical standards, improved product design, extended producer responsibility schemes, and differentiated labelling standards for particular items.

The Environmental Protection (Single-use Plastic Products) (Scotland) Regulations 2021^[23] were laid in the Scottish Parliament in November 2021 and came into force June 2022. The regulations make it an offence for businesses to manufacture or to supply the following items: “single-use expanded polystyrene beverage cups including covers and lids; single-use expanded polystyrene beverage containers including caps and lids; single-use expanded polystyrene food containers; single-use plastic cutlery including forks, knives, spoons and chopsticks; single-use plastic plates; and single-use plastic beverage stirrers”. The regulations also make it an offence for businesses to supply single-use plastic straws and balloon sticks, subject to exceptions allowing them to be provided in specific circumstances. The regulations define single-use as: “a product that is not conceived, designed or placed on the market to accomplish, within its life span, multiple trips or rotations by being returned to a producer for refill or reused for the same purpose for which it was conceived”.

The reformed UK packaging EPR scheme^[24] will be the first UK scheme to implement full net cost recovery, mandatory labelling, and modulated fees. It aims to increase packaging recycling rates and will set a new minimum standard for UK pEPR schemes.

The scheme will replace existing regulations under powers in the Environment Act 2021 and will work in tandem with the Packaging (Essential Requirements) Regulations 2015^[25] which set standards for placing packaging on the market.

Key features of the revised scheme are that:

• Producers pay the full net cost of efficient and effective household packaging waste collections, and the costs of managing packaging waste from public bins;
• Evidence notes must be purchased by producers for packaging disposed of through commercial waste services;
• Producers pay modulated fees based on the recyclability of packaging placed on the market;
• Mandatory labelling will indicate recyclability of packaging in kerbside collections;
• Improved reporting of packaging placed on the market;
• Mandatory takeback and recycling of fibre-based, single-use disposable beverage cups by retailers; and
• In Scotland and Wales, producers will pay the cost of clearing littered packaging.

4.2 Climatic factors

The Climate Change (Scotland) Act 2009^[26] (‘the 2009 act’) sets out Scotland’s commitment on tackling climate change. The 2009 act sets out the statutory framework for greenhouse gas emissions reduction in Scotland and set targets for reduction in emissions of the seven Kyoto Protocol greenhouse gases by 80% by 2050, compared to the 1990-1995 baseline level. The 2009 act was amended in 2019 through the Climate Change (Emissions Reduction Targets) (Scotland) Act[27] (‘the 2019 Act’). The 2019 Act set targets to reduce Scotland's emissions of all greenhouse gases to net-zero by 2045 at the latest, with interim targets for reductions of at least 56% by 2020, 75% by 2030, 90% by 2040. The 2019 Act also requires that annual greenhouse gas emissions targets are set, by order, for each year in the period 2021-2045. Following the initial phase of target-setting, the annual targets are set in nine-year batches.

‘The Handbook of Climate Trends Across Scotland’^[28] shows that the effects of climate change are already being felt in Scotland. Although the effects and severity of climate change is expected to vary by location, there is significant evidence in the literature to support that significant changes in precipitation, snowfall, seasonality, cloud cover, humidity, wind speeds, soil moisture, rising sea levels and other extreme weather events may occur^[29]. The significant climate change impacts of material consumption and waste, along with the critical mitigating impact of resource efficient, circular economy policies have been firmly established in academic literature. Zero Waste Scotland’s report ‘The Carbon Impacts of the Circular Economy (2015)’^[30] estimates that over two thirds of Scotland’s carbon footprint is directly related to material consumption and, to a lesser extent, waste.

‘The Scottish Waste Environmental Footprint Tool’^[31] found that, in 2022, both paper and cardboard and plastic waste were among the top five highest contributors to climate change of all household waste streams.

This assessment will focus on how a charge on single-use disposable beverage cups is expected to contribute to changes in Scotland’s greenhouse gas emissions through a reduction in consumption and subsequent disposal of single-use disposable beverage cups in favour of reusable alternatives.

4.3 Biodiversity

‘Scotland’s Biodiversity Strategy for 2045 (2020)’^[32] lays out the Scottish Government’s plan for a ‘nature positive’ Scotland by 2045. The document defines nature positive as ‘reversing the downward curve of biodiversity loss so that levels of biodiversity are once again increasing, bending the curve of biodiversity loss’. The strategy lists a set of outcomes that cover various environments including land and seascapes, rivers, lochs, wetlands, and coastal areas. The strategy also includes a list of priority actions for 2030, which are split into the following categories:

• Accelerating restoration and regeneration;
• Expanding and connecting protected areas and improving their condition;
• Nature-friendly farming, fishing, and forestry;
• Recovering and protecting vulnerable and important species; and
• Investing in nature.

Biodiversity is commonly used as a measure of the health of an ecosystem and helps to provide the ecosystem services that are the basis of life including the regulation of air and water, soil formation, nutrient cycling, flood regulation and pollination ^[33]. In May 2019, the proportion of nationally protected nature sites reported as being in a ‘favourable’ condition decreased by 0.8% from 79.7% in 2018 to 78.9%. Despite this recent decrease, the current status represents a 2.9% percentage point increase since the current protocols were established in 2007³³.

Litter as a result of incorrectly disposed of single-use disposable beverage cups can negatively impact biodiversity through entanglement and ingestion. Plastics in the environment can also act as vector for other pollutants³³. Plastic litter is estimated to lead to the mortality, either directly or indirectly, of one million seabirds, 100,000 marine mammals, including 30,000 seals and 100,000 turtles, globally every year either through entanglement or ingestion^[34]. These impacts can negatively affect species’ ability to hunt, avoid predators and reproduce. This can result in deficiencies in a habitats ability to host a variety of individual species and provide nesting sites. These impacts will also influence the services the ecosystem can provide for human populations, such as food production and carbon sequestration³³.

This assessment will seek to determine whether the proposed charge will impact on the Scottish Government’s plans for a nature positive Scotland or impact Scotland’s biodiversity through changing levels of litter resulting from consumption of single-use disposable beverage cups.

4.4 Human health

The Food Safety Act 1990^[35] is a piece of UK legislation that aims to ensure the safety and hygiene of food throughout the food production and distribution chain. It places the responsibility of food safety onto food businesses to ensure the products they sell are safe for consumption. The act also empowers food hygiene regulations, which set standards for the handling, preparation, and storage of food. The Materials and Articles in Contact with Food (Scotland) Regulations 2012^[36] aim to ensure the safety of food and protect public health by establishing specific requirements for materials and articles used in the food industry. These regulations were made by Scottish Ministers exercising powers given through the Food Safety Act 1990 and implemented a number of EU Directives all related to materials coming into contact with food. This includes regulation on plastic materials and articles intended to come into contact with food^[37].

There may also be mental health benefits arising from the anticipated reduction in littered cups. The ‘Scottish Litter Survey’^[38] found that the effects of litter on local residents’ health and wellbeing was among respondents’ top three concerns, ranking third after the impact on animals and the environment and negative perceptions of the neighbourhood. The majority of people frequently spotted single-use hot and cold beverage containers littered in their local area.

The Carnegie Trust also found that those who reported the highest incidence of environmental incivilities such as litter were more likely to report anxiety, depression, poor health, smoking, and poor exercise than those with more positive views on this aspect of their local environment^[39]. Another study^[40] investigated the effect of litter on psychological reactions to marine environments. The study found that photographs of un-littered coasts tended to provide participants with a sense of happiness and less stress while photographs exhibiting littered coasts caused participants to exhibit stress and a lack of the positive psychological benefits that coastal environments normally provide.

This assessment will focus on how a charge on single-use disposable beverage cups could impact the health of the population of Scotland, for example, through changes in exposure to food contact materials and mental health benefits arising from reductions in litter.

4.5 Water

The European Water Framework Directive^[41] sets objectives on the condition of water bodies including rivers, lochs, transitional and coastal waters, and groundwater resources. Assessments of the chemical and ecological status and consideration of the biodiversity status are required as indicators of water quality. The Water Environment and Water Services (Scotland) Act 2003 and the Water Environment (Controlled Activities) (Scotland) Regulations 2011 set out water environment protection and improvement in the Scottish context.

Scotland’s water provides a wide range of benefits such as the provision of drinking water and as a resource for use in agriculture and industry^[42]. These water resources also support a rich diversity of habitats and species, attract tourism, promote recreation, and provide for the sustainable growth of the economy^[43]. Most of Scotland’s seas, coasts, and estuaries are in good or excellent condition, with nearly half of rivers in Scotland in good condition or better and almost two thirds of lochs in good or high condition. Around 80% of Scotland’s groundwater is in good condition, although there are regions with widespread problems, for example, in central Scotland^[44].

Water use is present in the manufacture phase of single-use disposable beverage cups and in both the manufacture and use phase of reusable alternatives^[45]. Literature suggests that reusable cups use significantly lower quantities of water during the manufacture phase when compared to single-use alternatives ^[46]. However, this will depend on the design of the cup and the materials used to manufacture it.

The use phase of reusable cups is the most significant contributor to the water use in the life cycle of reusable cups, and this phase is dominated by washing⁴⁶. Therefore, how reusable cups are washed is an important variable. The method of washing (e.g. dishwashing or handwash) will have a significant effect on the water usage in the use phase^[47].

There is evidence in literature that links microplastic pollution of coastal and marine environments with incorrect disposal of single-use disposable beverage cups^[48]. As there are very few plastic free single-use disposable beverage cups^[49] on the market in Scotland, it can reasonably be assumed that littered cups are a contributor to microplastic pollution in Scotland’s water bodies. Pollution from microplastics can pose a threat to Scotland’s water quality as they can be ingested by species at all trophic levels. Ingestion can cause impairment which can affect an organism’s ability to avoid predators, hunt for food, or reproduce, which in turn can lead to a reduction in affected species^[50].

4.6 Soil

The EU Soil Strategy for 2030^[51] sets out measures to protect and restore soils and ensure they are used sustainably. It sets objectives to achieve healthy and resilient soils by 2050, with interim actions by 2030. It includes a new Soil Health Law by 2023 to ensure a high level of environmental and health protection. It is one of the key deliverables from the EU Biodiversity Strategy for 2030^[52] and will contribute to the European Green Deal^[53] objectives.

At a national level, the Scottish Soil Framework (2009)^[54] set out a vision that soils are recognised as a vital part of the economy, environment, and heritage, to be safeguarded for existing and future generations. The framework was created to promote sustainable management and protection of soils consistent with the economic, social, and environmental needs of Scotland. It describes seven main classes of soil function, namely:

• Providing the basis for food and biomass production;
• Controlling and regulating environmental interactions: regulating water flow and quality;
• Storing carbon and maintaining the balance of gases in the air;
• Providing valued habitats and sustaining biodiversity;
• Preserving cultural and archaeological heritage;
• Providing raw materials; and
• Providing a platform for buildings and roads.

Soil is a non-renewable resource which supports a wide range of natural processes and underpins much of our natural environment, helping to provide a wide range of environmental, economic, and societal benefits. In 2011, it was estimated that the loss of just 1% of soil carbon as carbon dioxide would triple Scotland’s annual GHG emissions^[55].

As mentioned in section 4.5, virtually all single-use disposable beverage cups on the market in Scotland contain plastic and can therefore be responsible for microplastic pollution in the environment if disposed of incorrectly. The links between declining soil health and microplastic pollution are well documented in literature ^[56]. Presence of microplastics in soil are categorised as ‘long term stressors’ and can have potential negative effects on human health, natural ecosystems, and climate change, impacting our ability to grow crops and other food sources for humans and animals⁵⁶.

This assessment will investigate the contribution a charge on single-use disposable beverage cups could have towards reducing soil pollution. This would be achieved through reducing littering of these items and resultant soil pollution such as microplastics from plastic cups, lids and linings of fibre-based cups.

4.7 Material assets

As mentioned in section 4.1, the Circular Economy (Scotland) Bill^[57] contains new powers to support Scotland’s transition towards a circular economy, and Scotland’s draft Circular Economy and Waste Route Map to 2030^[58] sets out how such powers will be used to deliver Scotland’s circular economy ambitions. One of the strategic aims of the Route Map is to ‘reduce and reuse’ waste, building an economic system that moves away from items that are designed to be disposable and towards responsible consumption and reuse. These aims will bring significant environmental benefits by preserving valuable materials for as long as possible and reducing our reliance on virgin resources.

The National Litter and Flytipping Strategy^[59], published in June 2023, seeks to build on the progress made since 2014’s Towards a Litter-Free Scotland^[60] to tackle litter and flytipping in Scotland and acknowledge the wider context of the circular economy and Scotland’s net zero aims. The strategy covers three broad themes: behaviour change, services and infrastructure, and enforcement. Data and research is also covered as a cross-cutting element of the strategy.

This assessment will seek to determine how a charge on single-use disposable beverage cups will help to reduce consumption of virgin materials and reduce waste, both in the form of litter and in the residual waste stream.

4.8 Landscape and visual impacts

The Fourth National Planning Framework (NPF4)^[61] was adopted by the Scottish Ministers on 13 February 2023, following approval by the Scottish Parliament in January. The framework sets out a national spatial strategy for Scotland, including spatial principles, regional priorities, national developments and national planning policy. The strategy will be relevant to wider policies and strategies relating to land use. The framework recognises the significant progress requires to reach Scotland’s ‘net zero’ goals will require new development and infrastructure across Scotland, as well as adaptation to the impacts of climate change that are already locked in, including increased flood risk, water scarcity, environmental change, coastal erosion, impacts on forestry and agriculture, extreme weather events, and risks to health, food security and safety.

While the NPF4 has been included in the landscape and visual impacts section of this assessment, it should be noted that it will also be relevant in areas such as biodiversity and climate factors and will additionally be considered in relation to these areas.

Scotland's landscapes are internationally renowned. Scotland's distinctive landscapes are a significant part of the country’s natural and cultural heritage and make a significant contribution to both the country’s economic performance and the wellbeing of its people ^[62]. There are currently two national parks (Loch Lomond and the Trossachs, and the Cairngorms) and 40 National Scenic Areas (NSAs) in Scotland with over 13% of Scotland’s land area classified as an NSA⁶². NatureScot’s Landscape Policy Framework^[63] describes an overarching aim: “To safeguard and enhance the distinct identity, the diverse character and the special qualities of Scotland’s landscapes as a whole, so as to ensure tomorrow’s landscapes contribute positively to people’s environment and are at least as attractive and valued as they are today”.

NPF4 also recognises the importance of access to nature and greenspaces and the mental and physical health benefits they can bring. Greenspaces within urban areas tend to suffer more from littering^[64], therefore having the greatest potential to benefit from the introduction of measures to reduce consumption of single-use items. According to survey by Keep Scotland Beautiful^[65], single-use disposable beverage cups are estimated to make up 0.5% (by number found) of all litter. In addition, a survey carried out by Zero Waste Scotland found that 86% of respondents had witnessed someone dropping litter in the last 12 months, with 10% stating they have intentionally dropped litter in the last 12 months^[66].

The Scottish Litter Survey in 2023^[67] noted that those living in less affluent areas are significantly more likely to view litter as a problem locally. 83% of those in the least affluent neighbourhoods viewed litter as a problem locally. This compares to 56% in the most affluent areas. Some of the most commonly reported littered items (by percentage of people agreeing with the statement) were food containers, wrappers, and packaging (69%); plastic drinks bottles (55%); and with single-use (hot and cold) drinks containers (52%). This assessment will seek to determine whether the proposed charge will contribute to changes in the volume, nature, and visual impact of litter in Scottish landscapes.