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EU and International Matters
General
32. The over-arching concordats on EU and international matters provide general guidance on how these issues should be handled and should be read in conjunction with the following paragraphs.
EU and International Obligations
33. The Department for Transport and the Scottish Executive agree to work together in accordance with the Memorandum of Understanding and the Concordat on Co-ordination of European Union Policy Issues. Any legally binding target or undertaking set in this context for the UK as a whole will require a UK-wide response to ensure that the UK can meet it. Similar considerations apply to obligations arising under informal instruments, as defined in the international concordat. Some of the policies needed to meet EU and international obligations may be the responsibility of the Scottish Ministers, others will be reserved to the UK Government. The Executive will therefore have an important contribution to make in developing and delivering new programmes to meet EU and international obligations. Regular dialogue and close co-operation between DfT and the Executive will therefore be essential. In line with paragraph B1.3 and B1.4 of the Concordat on Co-ordination of EU Policy Issues, DfT wishes to involve the Scottish Executive as directly and fully as possible in decision making on EU matters which touch on devolved areas (including non-devolved matters which impact on devolved areas and non-devolved matters which will have a distinctive impact of importance in Scotland). This should provide for full and continuing involvement of Ministers and officials of the Scottish Executive in the processes of policy formulation, negotiation and implementation, for issues which touch on devolved matters.
34. The Executive will co-operate fully with the monitoring and reporting process for EU and international obligations, providing details of, and relevant data on, the results of monitoring, assessment and initiatives carried out within Scotland. It will also participate fully in any EU or international monitoring and review of programme measures taken across the UK which together form the UK's response to such obligations.
35. For quantitative obligations the Scotland Act 1998 includes powers that could be used, if needed, to enable the allocation of a share of such obligations to Scottish Ministers. The EU concordat sets out the general approach to be taken in such cases.
36. Where an EU or international obligation is framed in quantitative terms, DfT and the Executive will discuss the extent to which each will contribute to the UK's efforts to meet the obligation, based on their respective scope for action within reserved and devolved competences and taking account of all relevant circumstances. Such discussions may also where necessary cover the collection of information to assist in determining the appropriate contributions, and the methodology to be used in monitoring performance.
Expert Advice
37. The Executive will where practicable make available to DfT, in support of the UK's position at EU and international meetings, expert advice as requested. This will include the reasonable provision, at DfT's request, of qualified personnel to form part of the UK's delegation. (This arrangement is in addition to the provisions of the EU concordat covering attendance by representatives of the Executive at EU and international meetings.)
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