G/TBT/N/GBR/33  
 
18 January 2019  
(19-0299) Page: 1/2 
Committee on Technical Barriers to Trade  Original: English  
 
  NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member: UNITED KINGDOM   
If applicable, name of local government involved (Article 3.2 and 7.2):  Scottish 
Government  
2. Agency responsible: Marine Litter Team Marine Scotland Atlantic Quay 150 Broomielaw 
Glasgow G2 8LU  
Name and address (including telephone and fax numbers, email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:  UK TBT 
Enquiry Point  
Trade Policy Group  
Department for International Trade  
3 Whitehall Place  
London  
SW1A 2AW  
TBTUK_EP@trade.gov.uk  
3. Notified under Article 2.9.2 [  ], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other:  Technical 
Regulation - Local Government (Article 3.2)  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable): Plastic -
stemmed cotton buds  
5. Title, number of pages and language(s) of the notified document: The 
Environmental  Protection (Cotton Buds) (Scotland) Regulations 2019 (5 page(s), in 
English)    
6. Description of content: The draft regulations prohibit the manufacture and sale of 
plastic -stemmed cotton buds.  
In the draft regulations:  
• "plastic " means a synthetic polymeric substance that can be moulded, extruded or 
physically manipulated into various solid forms and that retains its final 
manufactured shape during use in its intended applications;  
• "plastic -stemmed cotton bud " means a rod of plast ic which has cotton wrapped 
around both ends;  
Enforcement officers have powers of entry to carry out the necessary investigations in 
order to determine whether an offence has been committed. Breach of a prohibition is an 
offence, and a person guilty of an offence is liable:  
1. on summary conviction to a fine not exceeding £5000;  
2. on conviction on indictment, to a term of imprisonment not exceeding 2 years or a 
fine not exceeding £5,000 or both . 
The draft regulations apply to Scotland only.    G/TBT/N/GBR/33  
 
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  7. Objective and rationale, including the nature of urgent problems where 
applicable: We are proposing to introduce legislation to ban the manufacture and sale of 
plastic -stemmed cotton buds on the grounds that they cause harm to living species in the 
marine environment in Scotland.  The plastic stems of cotton buds are consistently in the 
top ten items of litter found on Scottish beaches.   
Behaviour change campaigns have failed to stop the disposal of plastic -stemmed cotton 
buds down toilets.   The buds can the n pass through sewage treatment works and reach 
the marine environment. Once there, they threaten the health of wildlife when whole and 
their fragmentation by ultra -violet light exposure extends their potential impact across the 
ecosystem.   It is impossibl e to recover this fragmented plastic, it does not biodegrade and 
instead accumulates in the marine environment. There are suitable non -plastic alternatives 
which can be used in cotton bud stems, so they are an avoidable source of pollution.   
Some businesse s have already taken voluntary actions to switch to alternatives but others 
still continue to use the plastic products. Therefore there is a market failure rationale for 
intervention based on externalities given that the environmental costs caused by plast ics 
are not taken fully into account by these businesses. A public consultation indicated 
widespread support for the approach.  
A ban of this kind would help prevent further marine environment damage and address 
public concerns relating to marine environmen t impacts arising from such products.  
8. Relevant documents:  The Draft Environmental Protection (Cotton Buds) (Scotland) 
Regulations 2019.   
9. Proposed date of adoption:  To be determined.  
Proposed date of entry into force:  To be determined, however we anticipate an 
introduction of the ban on plastic -stemmed cotton buds in summer 2019.  
10. Final date for comments: 90 days from notification  
11. Texts available from: National enquiry point [  ] or address, telephone and fax 
numbers and email and website addresses, if available, of other body:   
https://www2.gov.scot/Topics/marine/marine -environment/litter/Initiatives