Current status: Answered by Michael Matheson on 22 August 2021
To ask the Scottish Government what assessment it has made of whether SEPA would be able to enforce the Deposit Return Scheme in the rest of the UK.
SEPA has the ability to carry out enforcement and investigatory activity in relation to compliance with the Deposit Return Scheme (DRS) Regulations of businesses based outside Scotland, although their powers will not be as extensive as they would be in relation to those with a presence in Scotland.
SEPA has the power to cancel the registration of a producer that has failed to comply with its obligations under the DRS Regulations. That would make it an offence for anyone to sell their scheme articles to a consumer in Scotland.
SEPA works to an enforcement policy that sets out a wide range of tools at its disposal. SEPA is currently drafting a compliance strategy to support Scotland's DRS. SEPA will use all the tools available to it to ensure compliance with the DRS Regulations and a level playing field are achieved for businesses.