European and External Relations Committee, 02 Mar 2004

Meeting date: Tuesday, March 2, 2004

Official Report 288KB pdf

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EC Legislation (Implementation)

The next item on the agenda is implementation of European Community legislation. We have received another letter from the Executive on having recourse to section 57(1) of the Scotland Act 1998, which enables Westminster to legislate on devolved areas. I invite views on the latest correspondence from the Executive, which refers to

"Revision or Abolition of the Fertilisers Regulations 1991".

I am generally quite happy with the correspondence. However, I draw the committee's attention to paragraph 14 of the letter from the Deputy Minister for Environment and Rural Development, which refers to

"The main options which Defra is planning to offer consultees".

The four options that are listed are very wide ranging. I have grave reservations about the first one and the fourth one, although the second and third ones are fine. The first option is to

"have no controls on non-EC designated fertilisers".

The fourth option is not to

"incorporate a registration/approvals procedure".

I think that those are both wrong. I do not know what we do at this stage or whether we are to express a preference. Either of the second or third options is preferable.

Given that we are already writing to the Environment and Rural Development Committee in relation to the previous item, we could mention this matter, too, and say that we are keen to ensure that that committee considers it. Is that agreed?

Members indicated agreement.