UK Shellfish Exports

David Amess Excerpts

Monday 8th February 2021 Commons Chamber

[George Eustice]

The hon. Lady refers to the evidence I gave to the House of Lords, and indeed that is entirely in line with what I have just set out. It is the case that in September 2019 the European Commission told us that for wild caught molluscs there would be a need for a new health certificate and, when that was discussed more recently, indicated that that could not come on stream until April. The Commission said that the existing trade in farmed molluscs could continue under existing export health certificates, so it has indeed changed its position. The hon. Lady asks whether I would be prepared to put that correspondence in the Library; I am happy to do so, including the letter I have written to the Commission today and that earlier letter from 2019.

The hon. Lady asks what we wanted to have changed. The answer is that we do not really want anything to be changed. We simply want the European Union to abide by its existing laws. The export of molluscs is governed by the animal health regime, and falls under directive 2006/88/EC and regulation 1251/2008. The directive and regulation are clear that the export of bivalved live molluscs is indeed lawful.

The Commission now seems to be pointing to separate public health regulations, namely regulation 853/2004 and regulation 2019/628, and suggests that they are the reason for a prohibition on sale. Again, that is incorrect, because legislation is clear through article 12 of the Commission implementing regulation 2019/628, which makes it clear that it does not apply where the molluscs are exported to a depuration centre. That is because when they are sent to a depuration centre, they are not yet food for sale. Therefore, the reason given by the European Commission for this change in position is not consistent with the EU’s existing law. That is why we will continue to raise these issues with the Commission because under both the aquatic animal health regime and the public health regulations that the EU has cited, there is no legal justification for a bar on this trade.

[Sir David Amess (Southend West) (Con)]

This is all very disappointing and unfair. Following what the hon. Member for Barnsley East (Stephanie Peacock) has just said, I have many small independent fishermen and wholesalers whose very livelihoods depend on the export of live molluscs to the European Union. I know that my right hon. Friend is working very hard on the issue, but will he redouble his efforts? We just want the law to be upheld. The EU changed its mind on vaccines; perhaps it will change its mind on shellfish.

[George Eustice]

My hon. Friend makes an important point. We believe that the EU has simply made an error in interpretation of the law in all the regulations it has cited. We are working closely with it to try to resolve this at a technical level. We do not think that the ban it has put in place is at all justified and, indeed, it represents a complete about turn on everything the EU has told us to date. We want the EU market to have access to the fantastic shellfish we produce in constituencies such as my hon. Friend’s.