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4. OPTIONS
A number of options have been considered for the transposition of the Directive:
(1) The 'do nothing' approach
If Scotland does not transpose the ELD adequately the Scottish Government will be in breach of the Scotland Act 1998 and share in any infraction proceedings against UK. It may also suffer reputational damage. There are provisions in existing legislation requiring remediation of damage to the environment but they do not always match the requirements of the ELD.
(2) The minimum transposition approach
The Directive is addressed to Member States and they are required to transpose into national law by 30th April 2007. There are provisions in existing legislation requiring remediation of damage to the environment but they do not always match the requirements of the ELD. Accordingly, some action is needed to transpose the Directive. The proposed approach therefore is that where significant damage comes within the scope of ELD, the relationship between the operators, CAs and 3rd parties will be set by ELD transposition. Where damage falls outwith the scope of ELD, existing arrangements will continue to operate. We wish to implement in a way which makes overall liability arrangements as clear as possible so that it is clear to operators for what they may be liable and what may be the consequences of causing significant environmental damage.
(3) Minimum transposition approach with no permit defence for GMOs
This option is the basis for the Scottish Government draft regulations.
As above but without permit defence for GMOs. Currently there are no GM crops research trials being carried out in Scotland. There are a limited number of GMO licences in Scotland issued for Contained Use, between 2005 and 2008, 50 such licences for have been issued.
(4) Minimum transposition approach with extended liability to SSSIs
As in options 2 and 3 but with the extension of liability to 'protected species and natural habitats' to include any that are protected by national law. This would extend liability to biological sites of specific scientific interest ( SSSI). There are 1133 such sites in Scotland.
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