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My officials attended the council as part of the UK Delegation.

The council discussed a Commission proposal to extend the fourth Multi-Annual Guidance Programme (MAGP IV) for a further year as a transitional measure pending the outcome of the Common Fisheries Policy review next year. MAGP IV sets targets for reducing capacity and effort of EU fishing fleets and is due to expire at the end of this year. The UK supported the Commission in its proposals to extend targets into 2002 and to tighten the rules on public aid for vessel modernisation and construction, in order to ensure that such aid does not increase capacity beyond the set limits. However, there was disagreement among member states about the way forward and this issue is likely to be reconsidered at the December council.

The council discussed the difficult negotiations with the North Atlantic coastal states about setting a total allowable catch for blue whiting for 2002, taking account of scientific advice that this stock is being heavily over-fished and is therefore at risk of collapse. The Commission was given a steer by ministers to seek to negotiate an agreed TAC at a further meeting of coastal states next month in order to secure sustainable exploitation of this stock.

The council received a report from the Commission on monitoring of enforcement of CFP rules in Community waters and noted the Commission's concerns about variations across members states in the level of enforcement and penalties for infringements. The Commission will be bringing forward proposals to address these concerns as part of the CFP Review.

The council agreed a restructuring package for that part of the Spanish and Portuguese fleets which formerly fished in Moroccan waters, following the termination of the fisheries agreement between the EU and Morocco. The UK and several other member states made it clear that they expect Spain and Portugal to ensure that any residual vessels modernised with EU funds under this package will not fish in EU waters. There was also agreement on a renewed fisheries agreement between the EU and Mauritania.

The Commission reported to ministers on an outline timetable for dealing with the reform of the CFP during 2002. The commission also reminded members of the importance of ratifying as soon as practicable the UN agreement on straddling stocks.

I announced improvements to the Less Favoured Areas Support Scheme for 2002 last week. These have been welcomed by the Scottish industry. The measures help farmers in all parts of Scotland's Less Favoured Areas, including those in our remote communities. They also represent an important step towards a longer-term support scheme.

As announced on the 12 November, I have agreed the revenue caps as advised by the Water Industry Commissioner. This means that provided the case for the creation of Scottish Water is agreed by Parliament, I expect domestic charges not to increase in the north next year. Domestic charges cannot be determined for the four-year period as a whole, however the Water Industry Commissioner's assessment that there will be no significant changes in the north is a reasonable one.Comparative figures cannot be given for the non-domestic sector owing to the differing natures of bills resulting from variety in size and type of businesses served.

I have asked Mr Paul Du Vivier, Chief Executive of the Scottish Fisheries Protection Agency to respond. His response is as follows:During the past five years the Scottish Fisheries Protection Agency carried out 1,390 boardings, of fishing boats which were fishing for shellfish within the six mile limit. As a consequence of these boardings, five infringements of the rules were reported for prosecution. The table gives the details on a year by year basis.

Year	Fishing Vessel Boardings	Cases Reported for Prosecution
1997	370	-
1998	412	-
1999	217	1
2000	248	3
2001 (up to 29/10/01)	143	1

The power of well-being will not place a specific duty on local authorities in this regard. We envisage the power as a general power to allow local authorities to do anything to promote or improve the well-being of their area, subject to certain safeguards. It will be for local authorities to decide how the power could best be used in responding to the needs and priorities of their area.Local authorities are principal litter authorities under section 86 of the Environmental Protection Act 1990 and have a duty, as respects their relevant land, to ensure that the land is, so far as is practicable, kept clear of litter and refuse.

The Regulations (The Fishing Vessels (Decommissioning) (Scotland) Scheme 2001) provide that applicants shall be notified, in writing, of the results of their application for decommissioning grant. The intention is to advise unsuccessful applicants why their grant bid has not been successful.

Applications will be considered in accordance with the arrangements set out in the Fishing Vessels (Decommissioning) (Scotland) Scheme 2001 (SSI 2001/332) and associated scheme documentation. They will be evaluated and ranked having regard to:the cost of the bid;the level of capacity to be removed;the level of recorded landings of white fish (cod, haddock, whiting and hake), nephrops and scallops by the vessel concerned during 1999 and 2000;the level of recorded fishing activity (days on fishing trips) by the vessel during 1999 and 2000, andwhether or not the licence to be surrendered carries a scallop entitlement.The precise weight to be given to each of these factors in the evaluation process will be decided following analysis of decommissioning bids received.

Rural Stewardship Scheme payments for the 2001-02 and 2002-03 financial years will be funded from modulation of Common Agricultural Policy (CAP) payments in respect of 2001 and 2002 respectively. Since it is too early to know the total CAP payments for these years, the funding available for RSS cannot be established yet.

No applications for the Rural Stewardship Scheme 2001 have yet been approved.

Scottish Natural Heritage (SNH) has referred 21 notifications to the Advisory Committee on Sites of Special Scientific Interest (ACSSSI) since 1996. The table shows the number of cases regarding the notification of a Site of Special Scientific Interest which were referred to the ACSSSI in the five years from 1996 to 2000. Information for 2001, up to 11 October, is also provided. The statutory function of the ACSSSI is to provide advice to SNH regarding notifications and it is not possible to categorise this advice as simply for or against SNH. The table therefore shows a breakdown of ACSSSI responses under the following five categories:

• ACSSSI agree with SNH case, notification scientifically soundly based and no modifications required;
• ACSSSI agree with SNH case, notification scientifically soundly based but some adjustment to boundaries or citation could be considered;
• ACSSSI agree with SNH case, notification scientifically soundly based but boundary modification recommended;
• some doubts exist over the scientific case and re-examination on a different basis required to verify case before confirming, and

• scientific case not made.

ACSSSI responses 1996 - 11 October 2001

Year	No. cases referred to ACSSSI	Agree with SNH case no modification required	Agree with SNH case but adjustments to boundaries or citation could be considered	Agree with SNH case, but boundary modification recommended	Some doubts over overall case to be clarified by SNH before proceeding	Case not made
1996	0	0	0	0	0	0
1997	0	0	0	0	0	0
1998	7	4	0	2	0	1
1999	1	0	0	1	0	0
2000	8	3	4	1	0	0
2001(to 11/10)	5	1	1	1	1	0
Total	21	13	5	5	1	1

In 17 of the above cases SNH acted on the advice given by the ACSSSI. In three cases SNH did not accept the ACSSSI advice. Advice on one case is still to be considered by SNH.