Trade in Animals and Related Products (Amendment) (EU Exit) Regulations 2019
(Limited Text - Ministerial Extracts only)
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Lord Gardiner of Kimble
That the Grand Committee do consider the Trade in Animals and Related Products (Amendment) (EU Exit) Regulations 2019.
Relevant document: 15th Report from the Secondary Legislation Scrutiny Committee (Sub-Committee B)
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)
My Lords, I shall speak also to the instrument grouped with these regulations—the Import of and Trade in Animals and Animal Products (Amendment etc.) (EU Exit) Regulations 2019—as I think it will be helpful to noble Lords, given the close connection between the two.
The Trade in Animals and Related Products (Amendment) (EU Exit) Regulations 2019 amend provisions related to imports, and transit through the EU, of: live animals, including horses; animal products, including meat; reproductive material used for animal breeding, such as semen, ova and embryos; and the non-commercial movement of pet animals.
This instrument importantly ensures operability of our main English animal trade instrument, the Trade in Animals and Related Products Regulations 2011. This is key legislation for the import of these commodities into England that establishes a system for trade in live animals and genetic material with other EU member states and imports of animals and animal products from outside the European Union.
This instrument also ensures the operability of two related instruments that regulate the non-commercial movement of pet animals into Great Britain and ensure protection against the introduction of rabies: the Non-Commercial Movement of Pet Animals Order 2011 and the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974. The Non-Commercial Movement of Pet Animals Order 2011 enforces in Great Britain the EU pet travel scheme, which sets out rules for identification, vaccination and documentary requirements for pets entering member states from other member states or third countries, and the rabies order sets out requirements for quarantine when a pet is not compliant with these rules, in order to protect our biosecurity and prevent the introduction of rabies.
I emphasise that this instrument makes purely technical changes to EU-derived domestic legislation about animal trade to ensure that it continues to operate effectively. It does not introduce new policy and preserves the current regime for protecting the UK’s biosecurity. This instrument applies only to imports and does not legislate for export of animals and animal products from the United Kingdom to the EU. The amendments in this instrument will allow all these laws to continue to work after exit, by, for instance, removing redundant references to EU bodies, functions or legislation and replacing them with domestic equivalents. It will also amend phrases that would no longer be correct, such as changing “legislation of the European Union” to “retained EU law”.
Different parts of this instrument have different territorial extent and application, and the devolved Administrations were closely engaged in its development. Part 2 applies to Great Britain, whereas Part 3 applies to England only. The devolved Administrations are tabling their own versions of the amendments in Part 3, which will generally reflect the approach taken in England.
Without this legislation, there would be considerable disruption to the UK’s import system and a lack of clarity for industry and non-commercial pet travel.
The Import of and Trade in Animals and Animal Products (Amendment etc.) (EU Exit) Regulations 2019 again amend provisions related to imports, and transit through the EU, of: live animals; animal products, including meat; genetic material used for animal breeding, such as semen, ova and embryos; and the non-commercial movement of pet animals. The instrument makes purely technical changes to directly applicable EU regulations and decisions. It does not introduce new policy and preserves the current regime for protecting the UK’s biosecurity.
Lord Gardiner of Kimble
My Lords, I rather feel that we have gone into interesting territory on a number of the subjects that, in the end, go back to the parent regulations when we are dealing with technical amendments. However, I will endeavour to answer as many of the important points made as I can.
I start with an explanation for the noble Lord, Lord Rooker, and the noble Baroness, Lady Masham. My understanding—I may need a stewards’ inquiry on this—is that Article 12(2) was omitted because it refers to samples being sent to the relevant European Union reference laboratory but after exit day, in a no-deal scenario, the UK would have no formal access to check test results at that laboratory. The paragraph is therefore otiose. However, I emphasise that there will be no lowering of standards in checks on horses imported into the UK, so there will be no greater risk of horse disease. I have not seen the Friends of the Earth briefing but all the instruments have been checked by two specialist drafting lawyers in addition to our own. I will take a copy of the briefing, either from the noble Lord or any other noble Lord with a copy, back to the department. In truth, I find the statutory instruments pretty impenetrable without a Keeling schedule, and the Explanatory Memorandum gets me out of trouble. I will look into this issue. I want to take this opportunity to reassure the noble Baroness, Lady Masham, that we have absolutely no intention of allowing a diminution in standards. The omission is because we would not be in a position to refer to an EU reference laboratory in that instance.
A number of noble Lords mentioned listing. I discussed these matters with the Chief Veterinary Officer only two days ago. The Commission’s recent contingency action plan states:
“On the basis of the EU veterinary legislation, the Commission will—if justified—swiftly ‘listʼ the United Kingdom, if all applicable conditions are fulfilled, so as to allow the entry of live animals and animal products from the United Kingdom into the European Union”.
Following the UK’s application, there have been technical discussions. We are working with the Commission to process our application quickly. Obviously, I cannot give any assurances on that point. I am not in charge of the Commission on this matter—I wish I were—but I raised it with the Chief Veterinary Officer, who has been in communication and is working on it.
My noble friend Lady McIntosh mentioned pet listing. If she will forgive me, I will write to her on exports, given the huge number of replies I must give on instruments relating to imports. I understand the import/export point, but a lot of the detail on exports is not in the department’s gift. It will be a matter for negotiations and arrangements, but I have set out our proportionate views on how we in this country, where we will have responsibility, will deal with animals and imports coming in from the EU.
On pet listing, the department has submitted its application to allow the UK to become a Part 1-listed third country under Annexe II of the EU pet travel regulations and is currently in technical discussions with the European Commission. Obviously, it will be for the Commission to consider our application. Clearly, if we become a Part 1-listed country, there will be very little change to current pet travel arrangements.
Lord Knight of Weymouth
Before the Minister moves off border inspection posts, can he comment on the role of BIPS in terms of exports, whether we have sufficient capacity and whether the scenario I painted in respect of Northern Ireland is accurate?
Lord Gardiner of Kimble
On the particular points about exports, my understanding is that, from the point of view of port authorities and others such as port health authorities, the ports feel that they have sufficient resources to handle imports and exports. However, I think it would be helpful, particularly given my noble friend Lady McIntosh’s points about exports and imports, if after this debate I produced one page on imports and one on exports as to how the geography looked.
On the noble Lord’s question about import notification systems, with us no longer being part of EU TRACES, the noble Lord is right that we will introduce our own system for import notifications and controls: the Import of Products, Animals, Food and Feed System. IPAFFS will allow importers, or agents acting on their behalf, to create an import notification and legal declaration of consignments bound for the UK before arrival. The notifications will be received by the port health authorities, which can then recall checks on the system. IPAFFS is being released in phases, with testing already under way, and will be available for those importing from outside the EU from day one.
However, as the noble Lord has said, UK importers importing from the EU will need to use a separate electronic process until the summer of this year. My note here says, “Why the delay?”, so I should say that the highest-risk goods such as live animals, germplasm and certain animal by-products currently require an ITAHC validated by an official vet in the EU member country on TRACES. The UK is then notified of the movement and required health assurances to follow risk-based post-import checks. To ensure certainty for businesses, and to ensure IPAFFS’ delivery for non-EU imports from day one, Defra has decided to remove EU imports from the system until the full functionality is available in the summer. As a result, UK importers importing from the EU will need to use separate electronic system processes, as I have said.
Detailed guidance is to be published very shortly. This process is expected to involve importers downloading forms from GOV.UK and emailing them to the APHA to process ahead of any import arriving in the UK. The rules on the documentation required for travel are unchanged. The APHA will continue to arrange post-import checks on high-risk consignments and sample checks on low-risk consignments, as it currently does. In other words, the same arrangements on checking would continue. I sense that the noble Lord has another question.
Lord Knight of Weymouth
I am terribly grateful. I understand that there is a need for the new system to be fully functional—I guess, to be able to have the right integration with TRACES. The question then is: if it is just an interim system, is it already in existence? Is it being tested? Can we have some assurance that it will work smoothly? The new one is not fully functional yet there is some magical interim solution that is going to work, which seems a little odd to me.
Lord Gardiner of Kimble
Again, the best thing I can do is to ensure that I get this absolutely right. We are undertaking this in the phase I described to ensure that importers know which system they should use and have a guarantee that the system works. The system we are bringing in—IPAFFS—is being tested and is working. Dialogue and engagement with importers is under way. We thought it pragmatic to ensure a straightforward interim system for importers from the EU, until I can give your Lordships an absolute assurance that IPAFFS will work for the full range of them. Most importantly, this ensures that the level of checks will not change, so high-risk consignments will benefit from the clarity of checks and low-risk consignments will face the same arrangements.
Lord Gardiner of Kimble
It will be pulled off GOV.UK and sent to the APHA, in the same way as it would be checked in arrangements from the EU where the EU standards will be the same as ours from day one.
My noble friend Lady McIntosh mentioned EFSA. Obviously, these decisions will relate to negotiations. The FSA undertakes robust risk assessment and provides evidence-based risk management advice and recommendations for future food and feed safety issues. The FSA has built its capacity for risk assessment and risk management. The independent scientific advisory committees are being strengthened by recruiting new experts to establish three expert groups. The FSA has already expanded its access to scientific experts providing advice and other scientific services to inform our work. However, again, it is not in my gift to talk about EFSA. It is a matter for negotiations at a later stage.
Lord Rooker
Following what the Minister said in reply to the question from the noble Baroness, Lady McIntosh, I suggest that he had better have a better answer when he comes to deal with the food regulations next week. The noble Baroness asked about RASFF, the rapid alert system for food and feed, but the Minister has not addressed it. We understand that there is still no agreement on whether we can participate in it. The only countries allowed to participate are EU members and EEA members. We need an answer on that. Every day, 10 alerts are issued around Europe—3,800 a year—but we will not be part of that system. The Minister will be asked about that when he comes to deal with the food regulations next week, whereas on this instrument he can easily say that it is slightly outside the scope of the regulations.
While I am on my feet, I know that the Minister has not finished but I am waiting for an answer to the question about farmers needing to take their animals to the central Belfast airport before they can reach the border. I have not heard an answer to that yet.
Lord Gardiner of Kimble
My Lords—[Interruption.] Do I need to look at that? This is very novel for me. The Government continue to negotiate full access to the rapid alert system as it will be mutually beneficial for the EU and the UK. I am rather looking forward to an Oral Question from the noble Baroness, Lady McIntosh, on the matter too so noble Lords will get all the bites of the cherry.
The noble Lord, Lord Knight, referred to Northern Ireland. Although it is desirable for the four nations of the UK to co-operate in respect in powers returning from the EU, the SIs do not extend across the entire UK. The UK Government will co-operate with the devolved Administrations so that, for example, powers can be exercised concurrently and collaboratively where appropriate. Continuing close co-operation between the UK Government and the devolved Administrations remains essential to ensuring that an exit works for all parts of the kingdom. These instruments involve joint decision making. We are working with other administrations to agree the detail of the process for delivering joint decision making, as set out in the SI.
I will come back quickly to the tripartite agreement but I have not finished with all the questions asked by the noble Lord, Lord Knight. There is no current intention to increase fees for import checks. I can assure your Lordships that the normal consultation procedures with affected sectors would apply if they were to be increased.
Baroness Parminter
We still have not got an answer about Northern Ireland. It is a really specific question. The Minister’s point about co-operation with devolved Administrations is fine, but my understanding is that things are not going that well over there at the moment. What is the position with regard to animals? Are they having to go to an airport and back again? Can we have some clarity on that point?
Lord Gardiner of Kimble
That is an interesting Box note. I think the most important thing is to say that I will write to your Lordships in respect of all those matters. As I have said, this particular SI is absolutely not about exports, but I have ended up answering a lot of questions about them. If I was going to start to get tetchy, I would say, “This instrument is about imports, my Lords”. If one wants to spend five hours talking about the whole architecture, we will lose the thread of having proper briefings and discussions on matters so that I can give your Lordships proper answers. I am not a magician. I do not know all the answers about exports at this stage. Noble Lords will get them when I am in that position, and I will write to them on those matters.
Regarding the tripartite agreement, all these matters are for negotiation. We understand fully that this has worked very well for the UK, Ireland and France, and have issued technical notices on equine movements. It is clear that the UK would no longer have access to the tripartite agreement if we were to leave with no deal. The equine sector, with which we have worked extremely strongly, understands the position. Technical notices have been circulated and are widely put across in the equine sector. I will ensure that that element of the points is put in the note that I will send—as I said, it will include exports, although those are way out of scope with the technical instrument about operability on imports before your Lordships this afternoon.