Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020

Lord Gardiner of Kimble Excerpts

Wednesday 2nd December 2020 Grand Committee

Moved by

[Lord Gardiner of Kimble]

That the Grand Committee do consider the Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020.

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)]

My Lords, the matters in the four instruments are closely related, and I hope that it will help your Lordships if I speak to them all together. These instruments list the EU to enable imports from EU and EEA member states to continue. We have taken the decision to list the EU to import live animals and animal products because, following an assessment of the EU’s sanitary and phytosanitary regime, we do not believe that its risk status will change on 1 January.

The instruments will allow for decisions to be made about a country’s certification processes for plant reproductive material and whether they are equivalent to our own. We have amended our legislation so that, by the end of the transition period, the EU will become Part 1 listed for the non-commercial movement of pets into Great Britain. Practically, this means no change for EU travellers. We are maintaining the current health requirements on pet movements from the EU based on the unchanging disease risk from 1 January, and to ensure that there is minimal impact on pet owners and users of assistance dogs travelling with their pets into Great Britain under the EU pet travel scheme. I emphasise that these instruments are minor and technical in nature. They do not make new policy or change existing policy; instead, they will make existing policy and legislation operable at the end of the transition period.

The Official Controls (Animals, Feed and Food, Plant Health etc) (Amendment) (EU Exit) Regulations 2020 amend retained EU regulations governing official controls on imports to Great Britain of animals and animal products, and plants and plant products, including food and other imports relevant to the agri-food chain—collectively known as sanitary and phytosanitary checks. The amendments make these regulations operable in UK legislation after 1 January—for example, by replacing references to powers exercised by the Commission with the same powers exercised by the Secretary of State or other appropriate authority. The intention is to continue to ensure delivery of a robust import controls mechanism for all sanitary and phytosanitary imports to the UK, while maintaining or improving biosecurity and welfare standards.

The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 make amendments to ensure the continuing operability of provisions related to the import of live animals, including horses, animal products and reproductive material used for animal breeding, and the non-commercial movement of pets. They confer functions previously exercised by EU institutions on to the appropriate domestic authorities and treat EU member states as a third country.

This instrument also amends references to EU laws and systems to ensure that law continues to function after the transition period. It introduces transitional arrangements for imports from the EU and EEA states, maintaining an effective sanitary and phytosanitary regime, while allowing businesses time to prepare for our new import requirements.

The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 cover seven policy areas: aquatic animal health, transmissible spongiform encephalopathies and animal by-products, livestock, zoonotic diseases, pet travel, alien and locally absent species in aquaculture, and seed, plants and propagating material.

These regulations make provision for legislative functions that are currently carried out by the EU to be made instead by appropriate authorities in Great Britain after the transition period. They also amend previously made EU exit statutory instruments to reflect the changes needed to implement the Northern Ireland protocol, specifically replacing “United Kingdom” with “Great Britain”. Furthermore, they make amendments to EU exit statutory instruments to reflect changes made to EU regulations. They also make minor corrections to previously made EU exit statutory instruments.

The regulations will also allow for the continued movement of pet animals into Great Britain from all third countries, including EU member states. They guarantee the minimum amount of disruption possible to enable these movements to continue in a manner that protects our biosecurity, as well as the health and welfare of the animals being moved.

I turn finally to the Veterinary Medicines and Residues (Amendment) (EU Exit) Regulations 2020. The existing UK Veterinary Medicines Regulations 2013 set out requirements for the manufacture, authorisation, supply, possession and administration of veterinary medicines in the UK. The regulations before your Lordships address technical deficiencies in our legislation to ensure that it continues to operate effectively after the transition period. For example, minor corrections have been made to the text to address references concerning EU membership that are no longer accurate.

They also make changes that are necessary to reflect the Northern Ireland protocol, as well as implementing the Government’s commitment to ensuring unfettered market access for Northern Ireland businesses in relation to veterinary medicines. This will mean that the current legislative basis for approving veterinary medicines will be split into separate Great Britain and Northern Ireland regulations. Northern Ireland will continue to follow the EU acquis. The Veterinary Medicines Directorate will continue to operate on behalf of the United Kingdom, and pharmaceutical companies will continue to be able to market veterinary medicines across the whole of the United Kingdom.

These instruments introduce parts of the previously announced phasing-in of border controls on imports from the EU, beginning in January. This will prioritise flow at the border and give both businesses and industry longer to prepare for the introduction of full controls. I beg to move.

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[Lord Gardiner of Kimble (Con)]

My Lords, I hope that all noble Baronesses will appreciate that a very considerable number of detailed questions have been posed, and I think it would be helpful to us all if I write in some detail on some of the more technical matters.

I will open by saying that none of these statutory instruments is about a change in policy. There is absolutely no weakening of the very high bar of security for this country that we all want. I say to the noble Baroness, Lady Jones of Whitchurch, that if there were any potential changes in this area, there would need to be, and we would want, consultations with the devolved Administrations and interested parties as we seek to enhance and strengthen our arrangements.

I turn, in no particular order, to the points that were made. The noble Baroness, Lady Bakewell, asked about the revoking of regulations covered in the official controls instrument. All revocations in this instrument relate to designation of European reference centres. These EU designations will no longer be applicable in Great Britain after 31 December.

The noble Baroness also referred to the African swine fever outbreak in parts of Europe. Obviously, we are keeping these matters under close scrutiny. Pork products, for instance, are products of animal origin that are at high risk of being contaminated with African swine fever. Specific safeguard measures are already in place to prevent the introduction of such diseases. We do not expect the biosecurity risk from EU imports to change after 1 January, but I emphasise again that this a matter on which I have regular discussions with the Chief Veterinary Officer, because we clearly need to watch the profile of this disease and be ready to act.

The noble Baroness, Lady Jones of Whitchurch, asked about checks on products of animal origin coming into force on 1 April, rather than 1 January. We are introducing import controls for EU countries in a phased approach in order to give businesses, many impacted by Covid, time to adjust, while maintaining effective biosecurity controls. As I have said, we do not expect there to be changes in biosecurity risk in that period. From 1 April, there will be new requirements for products of animal origin to be pre-notified, and all goods must be accompanied by a British health certificate and will undergo remote documentary checks. From July, products of animal origin imported from the EU will be subject to risk-based identity and physical checks. Some commodities, such as shellfish, will be subject to higher check levels. This will allow us to maintain the highly effective sanitary and phytosanitary regime, while allowing businesses time to prepare for our new import requirements.

The noble Baroness, Lady Jones, asked about safeguard measures. If there is a disease outbreak in a country approved to export to Great Britain, the Secretary of State, with agreement from the devolved Administrations, may publish a written declaration banning all restricted imports from the affected area. The legislation allows us to regionalise a country where an outbreak has occurred, so that imports can continue from those parts of the country that are free of disease.

My noble friend Lady McIntosh and the noble Baronesses, Lady Bakewell and Lady Jones, asked about IPAFFS. Non-EU countries were able to use IPAFFS for live animals from 23 November and can use it from 7 December for products of animal origin and high-risk food of non-animal origin. EU countries can currently use IPAFFS for live animals and germinal products, and from April 2021 will be able, as I have described, to use it for products of animal origin and high-risk food of non-animal origin. I can tell the noble Baroness, Lady Jones of Whitchurch, that, yes, the devolved Administrations will use IPAFFS.

My noble friend Lady McIntosh asked how it was going. The system is working well and has received positive feedback from border control posts. We have been supporting countdown communications and webinars, and are working very closely on that matter with all concerned. On the creation of additional BCPs, we are working with ports and airports to develop a delivery programme that will be supported by the investment fund of £705 million announced in July of this year.

On pet travel, I say to the noble Baroness, Lady Bennett, that continuous guidance has been put out to pet owners. I understand and appreciate that pet owners want to know about this. The noble Baroness, Lady Jones of Whitchurch, asked about Part 1 listed status. We will continue to press the Commission on this as we are confident that the United Kingdom fulfils all the criteria and obligations required of a Part 1 listed third country as a minimum. We operate one of the most rigorous pet-checking regimes in Europe to protect our biosecurity. As I said, we have announced our plans. That is because we have respect for the EU’s checking regimes. I think we deserve Part 1 listed status. I know that many will wish to have further updates on this, and if I have any further information I will of course provide it.

The noble Baroness, Lady Bakewell, asked about locally absent species and alien species in aquaculture. I have an example: warm-water prawn. An alien and locally absent species is a species or subspecies of an aquatic organism occurring outside its known natural range, or any artificially modified species irrespective of its natural range or dispersal potential. What a form of words, my Lords.

The issue of ferrets is historical: ferrets were included in the non-commercial pet travel scheme following discussions between EU member states when the regulations were made. I reassure all noble Lords that the Chief Veterinary Officer keeps these matters under constant review. We will risk assess individual applications made for imports. We are not banning the importation of ferrets at this time as there is no evidence to suggest that pets can directly transmit the virus to humans. That is a different context from the issue of large mink farms in certain parts of Europe, where there are very large concentrations of numbers. As I said, I would not want anyone to think anything other than that we will keep all these matters under close review.

The noble Baronesses, Lady Bakewell and Lady Jones, asked about the position on antimicrobial resistance. The UK has always played a key role on this, and indeed in the revision of the EU veterinary medicines legislation. The Government intend, like the EU, to strengthen significantly our national law on the use of antibiotics in animals, including restricting the use of antibiotics for prevention of disease. The UK’s unique model of collaborative working between government, farmers and the veterinary profession has halved antibiotic use in livestock, and we now have one of the lowest usages of veterinary antibiotics in Europe—and this must continue.

The noble Baroness, Lady Jones of Whitchurch, asked about surveillance. A new expert body is being developed, co-ordinated with Defra, to assess and inspect trading partners that apply for market access to the UK. We will repatriate audit and inspection functions from the EU to ensure that trading partners continue to meet our very important import conditions.

On flea products, I will just say to the noble Baroness, Lady Jones, that the Veterinary Medicines Directorate has commissioned the University of Sussex to carry out additional research to determine the extent—if any—to which these treatments have an impact on the aquatic environment. The results as yet are not available, but it is obviously very important.

On unfettered access, my noble friend Lady McIntosh asked about certificates. They are intended to be tough. The VMD has considerable expertise on a UK national basis and previously as part of the EU regulatory network.

I should say to the noble Baronesses that all current EU maximum residue levels will continue to apply in the UK from the end of the transition period. In Great Britain, these will be set out in the maximum residue limits register. The amendments do not change the scientific methodology used to establish individual limits. This will remain unchanged.

My noble friend Lady McIntosh asked about resources. We have been working in the department to ensure that there are sufficient resources, in all respects, on the very important issue of vets. We have been working to ensure that there are sufficient numbers. We have also introduced a new certification support officer to help carry out administrative aspects of that process.

I am conscious that I have many more questions to answer, some of which are technical. I hope the noble Baronesses will understand that I have made a very careful note of all the detailed points that have been made and I will ensure that they are attended to in the form of a letter. In the meantime, I beg to move.

Motion agreed.