Scotland, if it were to leave the UK would have to reapply to stay in the EU.
" if, for one moment, we were to assume that Scotland gained independence and therefore is eligible as a new member state for the European Union, I would see that, legally speaking, the continuation of the membership would remain with the rest of the UK - less Scotland. And, therefore, Scotland, as a newly independent state, would have to apply for membership."
But, and here's the rub, he also states that they would have to stay in the Common Fisheries Policy.
Mr Borg also expressed severe doubts about Scotland's ability to withdraw from the common fisheries policy - an approach that used to be advocated by the SNP. He said it was "not legally possible".
Sounds like a blinding deal and rather undermines Salmond's claim of Independence in the EU (and oxymoron if I ever heard one anyway) as ther way forward.