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ENVIRONMENT, FOOD AND RURAL AFFAIRS

Environmental Liability Insurance

Mr. Stephen O'Brien: To ask the Secretary of State for Environment, Food and Rural Affairs what research she has commissioned into the environmental benefits of compulsory environmental liability insurance [108925]

Alun Michael: The Department, in consultation with business generally, the insurance industry, and other relevant Government Departments, undertook a detailed assessment of the implications of compulsory financial security, which has emerged in the course of the Council negotiation on the European Commission's draft Directive on Environmental Liability. The Commission's proposal was merely for Member States to encourage operators to use appropriate insurance or other forms of financial security. The need to have financial cover could impose disciplines on operators to improve their operations in order to minimise the risks of environment damage. The assessment suggests that the environmental benefits, which were evaluated in the Department's Extended Partial Regulatory Impact Assessment (COM(02)17), could be substantially lower than the costs.

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Mr. Stephen O'Brien: To ask the Secretary of State for Environment, Food and Rural Affairs what research she has commissioned into the impact compulsory environmental liability insurance may have on British businesses; and if she will make a statement [108926]

Alun Michael: The Department, in consultation with business generally, the insurance industry, and other relevant Government Departments, undertook a detailed assessment of the implications of compulsory financial security, which has emerged in the course of the Council negotiation on the European Commission's draft Directive on Environmental Liability. The Commission's proposal was merely for Member States to encourage operators to use appropriate insurance or other forms of financial security. The assessment revealed costs to business ranging from £79million (managed funds) to £1.8billion (insurance).

Agri-environment Schemes

Mrs. Anne Campbell: To ask the Secretary of State for Environment, Food and Rural Affairs whether her Department's proposed 'broad and shallow' agri-environment scheme will include measures which will help alleviate soil erosion and run-off from the land. [108530]

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Mr. Meacher: The 'broad and shallow' Entry Level Agri-environment Scheme Pilot does include specific measures aimed at improving resource protection and combating soil erosion, such as buffer strips next to watercourses and improved management of high erosion risk cultivated land. The pilot will be used to evaluate whether this approach is successful and if it is, such measures will be incorporated into the main scheme to be rolled out in 2005.

Agriculture and Fisheries Council

Mr. Hood: To ask the Secretary of State for Environment, Food and Rural Affairs what the outcome was of the Agriculture and Fisheries Council on 8 April; what the Government's stance was on the issues discussed, including its voting record; and if she will make a statement. [109079]

Margaret Beckett: My hon. Friend the Parliamentary Under-Secretary (Commons) and I represented the UK at the Agriculture and Fisheries Council on 8 April. The Ministers with agriculture and fisheries responsibilities in the Scottish Executive and Welsh Assembly Government were also present.

The Council held an in-depth debate on the Commission's proposals for decoupling farm aids, cross-compliance, transferring funding from direct subsidies into rural development spending and other cross-cutting measures which form the centrepiece of its proposals for reform of the CAP. I expressed the United Kingdom's broad support for the proposals while calling for greater simplification, reduction of bureaucracy and fairer mechanisms for allocating reductions in direct aids and increases in rural development funding. The Council will return to this dossier at its next meeting with a view to reaching a conclusion in June if possible.

The Council held a brief debate on the WTO agriculture agreement negotiations in Geneva and endorsed Commissioner Fischler's intention to continue working to secure a balanced package that could enable agreement to be reached at the WTO Ministerial in Mexico in September.

The Council received progress reports on a Commission proposal to improve hygiene controls on products of animal origin and its proposed new directive on the control of foot and mouth disease. It approved an Italian state aid to assist members of agricultural co-operatives that had become insolvent.

On fisheries, the Council agreed a Commission proposal to amend the cod recovery measures agreed last December to clarify and correct various points and to make the measures slightly more flexible. The Commissioner also presented a communication aimed at improving the scientific advice available to fisheries managers. Under other business it was announced that, because of the poor state of the cod stock, the Commission would be using emergency powers to close the Baltic cod fishery with effect from 15 April.

Under other business the Council heard reports on the avian influenza outbreak in the Netherlands, the Commission's plans for carrying forward the French

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initiative on trade measures to assist sub-Saharan Africa and negotiate on wine agreements with the United States and Canada.

Animal By-Products Regulation

Mr. Gray: To ask the Secretary of State for Environment, Food and Rural Affairs what action she advises under the Animal By-Products Regulation to householders who find a (a) deer, (b) badger and (c) fox carcase in the garden. [107915]

Mr. Morley: The carcases, or parts of carcases, of wild animals, including deer, badgers and foxes, will be exempt from the scope of the Regulation unless they are thought to be diseased or are used to produce game trophies. Householders are advised to contact their local authority for advice on appropriate disposal methods.

However, in some parts of the country (Cornwall, Devon, Dorset, Gloucestershire, Herefordshire, Worcestershire and Shropshire) badgers may be infected with TB. In these areas, householders are advised to contact their local Animal Health Office who may wish to test the carcase for TB.

Mr. Beith: To ask the Secretary of State for Environment, Food and Rural Affairs (1) if she will list the EU countries which (a) have classified shellfish waste as animal waste for the purposes of the Animal By-Products Regulation and (b) have obtained derogations exempting shellfish or fish producers in remote areas from the regulation; [108792]

(2) when she decided that fish and shellfish waste should be treated as covered by the EU Animal By-Products Regulation; when this decision was communicated to the fish and shellfish processing industries; and if she will list the bodies or companies in those industries who were consulted by the Department on this issue; [108793]

(3) if she will make transitional provisions to enable shellfish producers to find alternative means to landfill of disposing of shellfish waste after 1May. [108794]

Mr. Morley [holding answer 14 April 2003]: Council Directive 90/667/EEC (the Animal Waste Directive) already classifies shellfish and fish waste as an animal by-product and applies to all member States. The Directive will be replaced by Regulation 1774/2002 (the Animal By-Products Regulation) which maintains the same principle. The Sea Fish Industry Authority was consulted during negotiations on the Regulation and a number of other fish and shellfish industries were sent the consultation document of 27 January 2003 on enforcing the Regulation. The consultation document and list of consultees can be found at http://defraweb/corporate/consult/euanimbyprod/conslist.htm. As landfill is not currently a permitted disposal route for most shellfish waste, we have not asked the Commission for a transition period to allow that practice to continue. We do not know whether, or how, other member States intend to apply the derogation permitting the burial or burning of animal by-products in remote areas. However, in the UK it is likely to be limited to parts of the Highlands and the Islands of Scotland.

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Mr. Hayes: To ask the Secretary of State for Environment, Food and Rural Affairs (1) if she will make a statement on the obligations on property owners for the disposal of carcases from their land which are of animals that are (a) wild and (b) owned by another; [108126]

(2) if she will make a statement on the obligations of property owners for the disposal of animals deceased in their burrows. [108127]

Mr. Morley: The carcases, or parts of carcases, of wild animals will be exempt from the scope of the Animal By-Products Regulation unless they are thought to be diseased or are used to produce game trophies. Although the regulation places them under no legal obligation, owners of property on which there are dead wild animals are advised to contact their local authority for advice on appropriate disposal methods.

However, in some parts of the country, (Cornwall, Devon, Dorset, Gloucestershire, Herefordshire, Worcestershire and Shropshire), badgers may be infected with TB. In these areas, householders are advised to contact their local animal health office who may wish to test the carcase for TB.

Where an animal carcase is found on private land and ownership of the animal is known, then the owner of the animal will be held responsible and must dispose of the carcase appropriately. However, if ownership cannot be proven, responsibility for disposal rests with the landowner. The local authority, usually Trading Standards, has powers under the statutory nuisance provisions of the Environmental Protection Act 1990 to deal with "accumulations or deposits which are prejudicial to health or a nuisance". Appropriate action can subsequently be taken against the owner of the carcase.

Mr. Hayes: To ask the Secretary of State for Environment, Food and Rural Affairs (1) what cost-benefit assessment she has undertaken on the new arrangements for farm carcase disposal; and if she will deposit it in the Library; [108128]

(2) what assessment she has made of costs incurred by industry from new measures for the disposal of carcases; what additional financial assistance will be made available; and if she will make a statement. [108129]

Mr. Morley: A regulatory impact assessment has been prepared as part of the consultation procedures for implementation of the Animal By-Products Regulation, of which the ban on on-farm burial of fallen stock forms a part. The costs for any individual farmers will depend on the location of the farm and the kind of stock kept.

Copies of the assessment will be deposited in the Library. In addition, these documents are available on the Defra website at the following address: http://www.defra.gov.uk/corporate/consult/euanimbyprod/index.htm

No funds have been made to the livestock industry to help them meet the costs of complying with the EU Animal By-Products Regulation. However, Government are willing to contribute to the establishment of a national fallen stock collection scheme provided that part of the costs are met by farmers themselves. We will shortly be writing to all

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livestock farmers to invite them to join a voluntary subscription scheme to help finance a national fallen stock collection system. If there is sufficient interest, we will take this forward in partnership with the collection and disposal industries. Government will contribute to the funding, but the amount cannot yet be determined, as it will be linked to membership.

Mr. Hayes: To ask the Secretary of State for Environment, Food and Rural Affairs (1) if she will make a statement on the (a) estimated current and (b) future levels of fly-tipping of animal carcasses with reference to new regulations on carcass disposal; what powers there are to discourage such; what additional powers are planned; and what assessment of increased risk to health from a consequential increase in such activity has been made; [108130]

(2) whether she has undertaken a health assessment of the impact of fallen stock lying in water; and if she will make a statement. [108131]

Mr. Morley: Local authorities will enforce the EU Animal By-Products Regulation. The local authority, usually Trading Standards, has powers under the statutory nuisance provisions of the Environmental Protection Act 1990 to deal with "accumulations or deposits which are prejudicial to health or a nuisance". Appropriate action can subsequently be taken against the owner of the carcase. Animal by-products legislation already controls the collection, storage, transportation and disposal of animal by-products, including fallen stock. It also requires records to be kept of any off-site consignment of animal by-products to assist in the auditing and traceability of this material. In addition, there will be a record keeping requirement to ensure that all animals which die on-farm are accounted for and disposed of through permitted routes.

The Department does not have information on either current or future levels of animal carcase fly-tipping. To obtain this information would involve my Department in disproportionate costs.

No formal health assessments have been undertaken by my Department on the disposal of fallen stock after the Regulation comes into effect. However, the Regulation is based on a number of opinions from the EU Scientific Steering Committee (SSC). Among other things, the Committee advised that the routine burial of animals should be prohibited except in exceptional circumstances (e.g. in remote areas and emergency situations).

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