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Dear Consultee

Consultation on the proposed EU Soil Framework Directive and initial Regulatory Impact Assessment

I am writing to invite your views on the proposed Soil Framework Directive and initial Regulatory Impact Assessment.

Background

The proposal for a Soil Framework Directive was published in September 2006 and is currently being considered by the Council of Ministers and the European Parliament. As the negotiations in Brussels are stepping up, developing further the Scottish and UK position is becoming more important. It is critical that the negotiating position is well-informed and based on sound evidence. This consultation, jointly issued by the Scottish Executive, Defra and the Welsh Assembly Government will assist in developing a robust negotiating position to enable the UK to engage effectively at EU level. Views are therefore invited on the scope of the Directive and its approach as well as on the benefits that the Directive may deliver, and the likely costs of implementing it.

The consultation period starts today, 27 July 2007 and will run for 12 weeks, with a final deadline for responses of 19 October 2007. However, in view of the Portuguese Presidency's intention to discuss this proposal at the October Environment Council (30 October 2007), stakeholders are invited to submit their responses ahead of the deadline if possible.

Consultation paper and consultation list

The following documents relating to this consultation can be found on the Scottish Executive website: http://www.scotland.gov.uk/Consultations/Current

• Consultation letter
• Consultation on the proposed EU Soil Framework Directive
• Initial Regulatory Impact Assessment
• Summary of the proposed EU Soil Framework Directive
• Proposal for an EU Soil Framework Directive
• List of consultees
• Respondent Information Form
• The Scottish Executive Consultation Process

List of consultees

I have tried to cover all relevant interests. If you feel another party would benefit from seeing this consultation then please let me know or pass on the consultation details.

What consultees are invited to do

You are welcome to comment on all aspects of the Commission's proposals and our initial Regulatory Impact Assessment but there are some specific issues on which I would particularly value your input.

In general terms, your views are sought on the following initial questions:

• What are your views on the current level of soil protection measures in Scotland considering the risks and threats faced by soils, including those identified by the Commission?
• If you consider these measures to be inadequate, do you believe that any gaps are best dealt with on a common basis across the EU, for example to avoid distortion in competition, or better dealt with at a domestic level?
• What, if any, gaps exist in terms of addressing soil protection at an EU level in particular the risks identified by the Commission?
• Does the solution to these gaps lie in amending existing EU Directives, or in introducing a new overarching framework for soil protection?
• Are there any existing EU provisions that give some protection to soils which, in your view, do not work or which could do with simplification?
• In terms of the risks and threats identified by the Commission, how urgent are these problems? Is there sufficient evidence to tackle them now?
• Who should bear the costs involved in any new obligations? Should we follow a polluter pays approach, a market-based system where, for example, a property developer pays the cost of remediation, or should these costs fall to taxpayers?

A series of more detailed questions on which I would appreciate your comments is set out in this consultation document. When you respond it would be helpful if you can indicate clearly the specific questions to which your answers relate. Where possible please provide explanation and examples to support comments made.

Responding to this consultation paper

As outlined above written responses are invited by 19 October 2007, or earlier if at all possible. Please send your response to:

soils@scotland.gsi.gov.uk

or

If you need me to print out and send you a copy of the consultation, or if you have any queries please contact me at the above address or on 0131 2440198.

I would be grateful if you could clearly indicate in your response which questions or parts of the consultation paper you are responding to as this will aid our analysis of the responses received.

This consultation, and all other Scottish Executive consultation exercises, can be viewed online on the consultation web pages of the Scottish Executive website at http://www.scotland.gov.uk/consultations. You can telephone Freephone 0800 77 1234 to find out where your nearest public internet access point is.

The Scottish Executive now has an email alert system for consultations ( SEconsult: http://www.scotland.gov.uk/consultations/seconsult.aspx). This system allows stakeholder individuals and organisations to register and receive a weekly email containing details of all new consultations (including web links). SEconsult complements, but in no way replaces SE distribution lists, and is designed to allow stakeholders to keep up to date with all SE consultation activity, and therefore be alerted at the earliest opportunity to those of most interest. We would encourage you to register.

Handling your response

I need to know how you wish your response to be handled and, in particular, whether you are happy for your response to be made public. Please complete and return the attached Respondent Information Form as this will ensure that we treat your response appropriately. If you ask for your response not to be published I will regard it as confidential, and will treat it accordingly.

All respondents should be aware that the Scottish Executive are subject to the provisions of the Freedom of Information (Scotland) Act 2002 and would therefore have to consider any request made to it under the Act for information relating to responses made to this consultation exercise.

Where respondents have given permission for their response to be made public (see the attached Respondent Information Form), these will be made available to the public in the Scottish Executive Library by 26 October 2007 and on the Scottish Executive consultation web pages by mid November 2007. I will check all responses where agreement to publish has been given for any potentially defamatory material before logging them in the library or placing them on the website. You can make arrangements to view responses by contacting the SE Library on 0131 244 4552. Responses can be copied and sent to you, but a charge may be made for this service.

What happens next ?

Following the closing date, all responses will be analysed and considered along with any other available evidence to help in developing a robust negotiating position and to enable the UK to engage effectively at EU level in the negotiation of the Soil Framework Directive. I aim to issue a report on this consultation process by mid November 2007.

Comments and complaints

If you have any comments about how this consultation exercise has been conducted, please send them to the address above.

Thank you for your help.

Yours sincerely

Antje Branding
Soil Policy Coordination Team

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