Partial Business and Regulatory Impact Assessment - Amendment of the West of Scotland Nature Conservation Marine Protected Area (NCMPA) site boundary

Regulatory and EU Alignment Impacts

The Scottish Government has a commitment to maintain alignment with the European Union where this is possible and within Scotland’s interest.

This policy of amending the West of Scotland NCMPA boundary is not expected to impact the Trade and Cooperation Agreement (TCA) and aligns with the provisions set out in the agreement. Marine Directorate officials will provide notifications to the Faroese Islands, Kingdom of Demark and also the European Commission on the proposal to amend the West of Scotland boundary under Article 496(3) of the TCA.

Intra-UK Trade

The United Kingdom Internal Market Act 2020 came into force following the UK leaving the EU single market. There is no expected impact on intra-UK trade with the proposal to amend the boundary of West of Scotland MPA.

Goods

The amendment of the West of Scotland MPA is not expected to impact to the sale of goods or result in policy divergence between UK nations and not expected to cause impacts of divergence.

Services

The amendment of the West of Scotland MPA boundary is not expected to impact services or result in regulatory divergence between UK nations. Mutual recognition and non-discrimination principles are not relevant in this case.

Professional Qualifications

The amendment of the West of Scotland MPA site boundary is not expected to impact the regulation of professional qualifications.

International Trade

There is no expected impacts from this policy on imports or exports of goods or services, nor on the trade flows between countries. Domestic and foreign business will be impacted the same way by the proposed amendment to the West of Scotland MPA boundary. This position is not expected to confer any advantage to domestic or foreign businesses.

International Standards and EU Alignment

The UK’s new relationship with the European Union is governed by two treaties; the EU-UK Withdrawal Agreement and the Trade and Cooperation Agreement (TCA). Ministers have a policy commitment to maintain alignment with the EU where possible and in Scotland’s interest, while contributing towards protecting and advancing high standards. Alignment policy applies to EU and domestic policy initiatives and can be achieved through policy commitments, or primary and secondary legislation.

This policy of the boundary amendment of the West of Scotland MPA boundary is not expected to impact the Trade and Cooperation Agreement (TCA) and aligns with the provisions set out in the agreement. The amendment of the West of Scotland MPA will not affect the existing management measures of the site.

Marine Directorate officials will provide notifications to the Specialised Committee on Fisheries via the required notification process on the implementation of fisheries management measures within MPAs in the Scottish offshore region.

The amendment of the site boundary and removal of the Special Area from the current MPA designation will not affect the licensing of UK or EU vessels. Licences are issued for UK and EU vessels by the UK Single Issuing Authority (UKSIA) and this boundary amendment of the West of Scotland MPA boundary does not impact the process of issuing or those currently licensed to fish within the Special Area.

This policy of the amendment of the West of Scotland MPA boundary aligns with the EU’s ecosystem based approach^[4] and is not expected to impact access to EU markets for people, good and services. We will be undertaking engagement and the necessary notification process with the EU on this boundary amendment policy to the West of Scotland MPA.