Page 56 - Plastics News February 2023

IN THE NEWS

Unlawful trade barrier warning over bottle return scheme
A leading lawyer has claimed that Scotland's bottle deposit return scheme could create an unlawful trade
barrier with the rest of the UK.

its implementation.
She told BBC Scotland: "We know we
need to get to Net Zero. We know
businesses need to make changes. But
the Deposit Return Scheme is just too
complicated for smaller firms. They're
not listening to smaller business.
They're listening to bigger business."
The launch is six months away but Ms
MacEachern, who set up the com-
pany with her husband Euan 12 years
he initiative is due to launch in Au- ket or designated return point. ago, warned there were still many un-
Tgust and is designed to boost re- A total of 17,000 return points have answered questions.
cycling via a 20p deposit on single-use to be set up across Scotland, with the She added: "This is one of the most
drinks bottles and cans. scheme due to go live on 16 August. difficult schemes of its type in the
But Aidan O'Neill KC said the Scottish In a legal opinion, Mr O'Neill said he world, which makes it one of the
government may have to delay it un- believed there were "well-founded" most expensive and most difficult to
til the launch of a UK-wide scheme in concerns that the scheme would cre- negotiate. We still don't have all the
2025. He made the remarks in advice ate a trade barrier between Scotland answers we need to complete every-
sought from a group of distillers. and England as it would require differ- thing. It's not a simple process.
Scotland's Circular Economy Minister ent prices to be charged for the same "We need another 18 months to let
Lorna Slater said she expected a deci- product on each side of the border. the system settle down, before small-
sion on internal market regulation to He said expert economic evidence er businesses are involved."
come soon from the UK government. would be required to confirm this, Ms MacEachern is having to set aside
Critics of the scheme in the drinks but that it meant the scheme could up to £60,000 to fund her company's
industry have voiced concerns that it contravene the UK Internal Market involvement in the scheme. She is also
will disrupt trade, create higher prices Act 2020. having to put different barcodes on
and reduce choice. Mr O'Neill also warned that the reg- beer bound for England or Wales.
• Fears bottle return scheme will ulations could not be enforced for The result is extra cost, she said, with
not be ready single-use packaged drinks imported the Deposit Return Scheme potential-
• Bottle return scheme will not into Scotland from elsewhere in the ly adding 10 -15p to the price of every
start until 2023 UK, which would disadvantage Scot- can of beer sold in Scotland.
• What's holding up Scotland's bot- tish producers. Conversely, she said companies based
tle deposit scheme? He said this should "not come as any south of the border would experience
Under the initiative every drinks pro- surprise to the Scottish government" the same problems as they would
need to sign up to the same agree-
ducer based in Scotland will have to as the Scottish Parliament was warned ments to sell their products in Scot-
add 20p to products to be sold in the about such potential legal difficulties in land.
country in a single-use container. a 2020 briefing paper by a University 'Badly bungled'
of Cambridge law professor.
It will be charged to the retailer who
will in turn bill the consumer. In order 'Just too complicated for smaller firms' Scottish Conservative MSP Maurice
to recoup this money people need to Fiona MacEachern, co-founder of Golden said the plans had been "badly
take the empty bottles or cans to a re- Loch Lomond Brewery, criticised the bungled". He added: "The Deposit Re-
verse vending machine in a supermar- complexities of the scheme and the turn Scheme is falling to bits before it's
Scottish government's timetable for even launched.
58 PLASTICS NEWS February 2023