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Proposal 3 - Specifying recyclate
Proposal
To encourage recycling by taking powers to enable the Scottish Government to place a duty on public bodies and businesses to specify a minimum percentage of material made from recyclate in procurement contracts.
Background
Specifying recycled content in procurement contracts helps stimulate demand for recycled products. This is important when local authorities, and others, are collecting more materials for recycling and need strong, stable markets for the recyclate. The previous administration laid down voluntary requirements on public bodies in Scotland on specifying recyclate in contracts relating to paper and construction.
A number of public and private sector bodies have taken significant steps in this area: for example, Glasgow City Council have a sustainable procurement policy which includes the specification of recyclate. The Scottish Government introduced a new type of paper this year which is made from 100% recycled material.
WRAP have case studies in a variety of areas, including construction ( www.wrap.org.uk/construction/rc_teasers_page.html).
The European Commission document, "Buying Green" outlines the opportunities arising from sustainable procurement
( ec.europa.eu/environment/gpp/pdf/buying_green_handbook_en.pdf).
The key point is to specify environmental aims, such as recycled content, right at the start, so that all potential tenderers are aware of what is required and can operate on a level playing field.
How the proposal would work
The proposed legislation would enable the Scottish Ministers to make regulations requiring the public sector, and business, to specify a minimum percentage of material made from recyclate (including compost) in procurement contracts. The regulations would:
- specify the types of public bodies and businesses to be included;
- lay down the nature of the materials and the contracts to which the duty would apply (including exemptions and whether the requirements would not apply to contracts below a certain value). We would need to make certain that any provisions on construction were in line with the Construction Products Directive, which requires free movement of construction products across the EU; and
- require records to be kept and lay down provisions for enforcement.
Alternative
The alternative to legislation on specifying recyclate in contracts would be to continue (and reinforce) the voluntary approach to environmental procurement (eg issuing guidance).
Questions
Consultees are asked:
1. Do you consider that legislation should be made in this area?
2. If so, what form should that legislation take?
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