Exiting the European Union (Agriculture)

Debate between George Eustice and Greg Knight

Tuesday 1st October 2019 Commons Chamber

[The Minister of State, Department for Environment, Food and Rural Affairs (George Eustice)]

I beg to move,

That the draft Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019, which were laid before this House on 23 July, be approved.

The purpose of this statutory instrument is to make changes to EU regulations governing the agricultural import and export licensing regime to ensure that they remain operable on our departure from the European Union. The instrument also revokes some obsolete and redundant regulations relating to the payment of export refunds in the dairy sector and on the administration of EU third country export quotas for cheese and skimmed milk powder.

I should point out that this instrument is rather different from the other three we are considering this afternoon, in that it does not relate to changes that are necessary due to transitional arrangements or dates. This is one of a small number of very minor SIs that were deprioritised in the run-up to the end of March, given that their applicability to the UK is quite limited and they were not judged to be sufficiently important to merit passing in time for the end of March. However, now that we have the luxury of time, it is possible to bring them forward.

This instrument seeks to make EU regulations governing the agricultural import and export licensing regime operable. In particular, the regulations make operability fixes to technical EU Commission regulations, providing for the issue of import and export licences for certain agricultural products; update EU regulatory cross-references to equivalent provisions in domestic legislation made under the Taxation (Cross-border Trade) Act 2018; and convert licence securities from euro values into sterling using the average annual exchange rate for 2018.

EU Commission regulations 2016/1237 and 2016/1239 provide for a licence system for the import and export of certain agricultural products and specific provisions for the import of hemp. Under those regulations, it is required that any import of husked, milled or broken rice, raw hemp and hemp seed or ethyl alcohol be subject to an import licence. Likewise, any export of husked or milled rice is subject to an export licence. The regulations also provide for specific provisions in relation to hemp seed imports other than for sowing, including the pre-registration of importers and requirements to prove the destination of goods.

The purpose of those common agricultural policy licences is primarily to provide a means of monitoring agricultural markets by having advance notice of goods entering and leaving the EU. However, given improvements in data collection at the border, the Commission has increasingly relied on real-time customs data as a means of monitoring markets, which has negated the need for licences. They are now limited to just a handful of products, for specific reason. That is why these measures are of declining importance and were not prioritised for passing by the end of March.

For example, rice import licences really serve only as a means of applying the EU’s variable import duty system, and hemp licences have been retained at the request of the directorate-general for migration and home affairs, apparently to support EU drug policy, even though the information provided does not really contribute to that effort. This statutory instrument specifically amends Commission delegated regulation EU 2016/1237 and Commission implementing regulation EU 2016/1239, both passed on 18 May 2016, by replacing references to the EU with references to the UK and references to the EU Commission with references to the relevant UK authority. It replaces EU regulatory cross-references with references to equivalent provisions in domestic legislation already made under the Taxation (Cross-border Trade) Act 2018 and converts licence securities from euro values into sterling using the average annual exchange rate for 2018.

EU Commission regulation 1187/2009 sets out detailed rules for the provision of export licences and export refunds in the dairy sector.

[Sir Greg Knight (East Yorkshire) (Con)]

Can the Minister confirm whether the cost of administering these licences is counterbalanced by the licence fees that are paid?

[George Eustice]

My right hon. Friend will be aware that we have always had a clear principle in this country of aiming for full cost recovery on licences, and these licences tend to be focused on very large traders and importers.

The provisions relating to the payment of export refunds are now obsolete, as they relate to rules that existed before the entry into force of the current common market organisation regulation. Under current rules, export refunds can be paid only in the context of crisis measures. The provisions covering export licences relate to the management of EU-World Trade Organisation third country export quotas of cheese to the United States of America and Canada, and of skimmed milk powder to the Dominican Republic, under the economic partnership with the CARIFORUM states. UK access to those export quotas once we leave the EU is obviously uncertain, since we will no longer be an EU member, although negotiations with those countries over future tariff rate quotas are ongoing. The Government will bring forward new legislation to manage any future UK access to third country quotas should that be necessary in the future. As the regulations in question are effectively obsolete or redundant in a UK context, this statutory instrument revokes Commission regulation 1187/2009, of 27 November 2009.

This statutory instrument concerns only reserved areas of competence regarding import and export controls, but the Department for Environment, Food and Rural Affairs has engaged with the devolved Administrations on its approach to CAP legislation under the European Union (Withdrawal) Act 2018, including this instrument, to familiarise them with the legislation ahead of its being laid. I therefore commend the regulations to the House.

Exiting the European Union (Pesticides)

Debate between George Eustice and Greg Knight

Tuesday 1st October 2019 Commons Chamber

[The Minister of State, Department for Environment, Food and Rural Affairs (George Eustice)]

I beg to move,

That the draft Pesticides (Amendment) (EU Exit) Regulations 2019, which were laid before this House on 17 July, be approved.

Plant protection products, or “pesticides” as they are commonly called, are currently regulated by means of two European Union regulations: Regulation (EC) 1107/2009, which concerns the placing of plant protection products on the market, including the approval of active substances, authorisation of pesticide products and management of associated risks; and Regulation (EC) 396/2005, which sets maximum residue levels of pesticides in or on food and feed of plant and animal origin, and measures to ensure compliance with those limits.

Earlier this year, two EU exit statutory instruments were laid before this House to convert those EU regulations into operable national law: the Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019; and the Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019. Those two EU exit statutory instruments, in common with many others, made the EU regulations operable in a national context by, for example, transferring functions from EU institutions to national authorities.

This further instrument, which we are considering today, is comparatively minor and simply takes forward some additional amendments that are required to ensure that the regime can continue to operate effectively. First, in common with two of the other SIs that we have considered today, the change in exit day from 29 March to 31 October necessitates that we amend certain dates in the retained law that were based on the original date for EU exit. Secondly, further new EU legislation has come into force during the extension period, after the plant protection products and the maximum residue levels EU exit SIs were finalised. The new EU legislation needs to be corrected following the same approach as in the other SIs. Finally, this instrument fixes some errors within those earlier EU exit instruments, which I will cover later.

[Sir Greg Knight (East Yorkshire) (Con)]

For the avoidance of any doubt, will the Minister confirm that there is no measurable impact on business as a result of the regulations?

[George Eustice]

Yes, I can confirm that, in the sense that all the draft regulations are about continuity—an approach to ensure simply that where authorisations are carried out and decisions made by the European Commission, they will in future be made by the Secretary of State or the relevant authority.

Some amendments are required as a consequence of the change in our departure date. The plant protection products EU exit SI in particular contains a number of transitional measures that apply until specified dates. Those dates have been updated in common with the approach in other SIs. Given that exit day is now 31 October, those transitional provisions would allow much less time to adjust than was originally intended. This instrument therefore replaces dates that were calculated from the original exit date with a specified period of time after exit.

The draft regulations also deal with new EU legislation that has come into force since the original EU exit SIs were produced. The plant protection products and the maximum residue levels EU exit SIs converted active substance and MRL regulations into a new national register to give effect to the provisions in a national context. The EU regulations themselves were no longer required and therefore revoked. This instrument deals with new EU regulations that have come into force since then, and we have taken the same approach. Some outdated EU regulations have also been superseded or replaced, and those have now been identified as redundant, so they can be revoked.

This instrument also contains transitional provisions relating to grace periods for the withdrawal of active substances under EU regulations, so that they are carried across unchanged into our national law. Finally, this instrument also fixes a number of technical errors that were made in the earlier EU exit instruments. The vast majority of those were very minor in nature. However, I should draw attention to the fact that it came to light that the earlier plant protection products EU exit SI erroneously removed some provisions on endocrine disrupting chemicals. That omission was purely unintentional and this instrument therefore corrects that error.