European and External Relations Committee, 03 Mar 2009
Meeting date: Tuesday, March 3, 2009
Official Report
171KB pdf
Scottish Government Transposition Update
Item 6 is the Scottish Government's transposition update. Established committee members will recall that the update is a fairly regular item. I am happy to take comments on the report. Jamie Hepburn usually wants to make lots of points.
I note in the report that the transposition deadline for the first directive that is mentioned—directive 2003/105 amending Council directive 96/82/EC on the control of major accident hazards involving dangerous substances—was four years ago and that
"An infractions letter has been received from the Commission and the Scottish Government and other administrations aim to have necessary legislation in place during early 2009."
If the committee agrees, we will write to the Scottish Government to ask whether that comment continues to be accurate and up to date. Four years is rather a long time. If infraction proceedings—which involve money—are about to start, it is all the more important for us to query the situation. Are members happy with that?
Members indicated agreement.
Could we have more detail on what the directive is about?
Yes—absolutely. We will have a briefing paper at the next meeting to update us on the position. I noted that directive 2004/41/EC, on food hygiene, is also significantly past its transposition deadline—transposition is three years overdue. We might want to query that.
On directive 2004/35/EC, on environmental liability with regard to the prevention and remedying of environmental damage, I note that the Government said:
"We are currently working to implement this Directive as a matter of urgency, and aim to have this completed by February 2009."
As part of our role of scrutinising the Executive, we should ask for more up-to-date information about those directives. Are members content to do that?
Members indicated agreement.
We note the information that has been provided.
The committee agreed to monitor the transposition of directive 2006/123/EC, on services in the internal market. The clerks have suggested that it might be useful to ask the Scottish Government for an update on the position. The committee has kept a watching brief on the services directive for some time, so the suggestion is helpful. Do members agree?
Members indicated agreement.