Select Committee on European Scrutiny Twentieth Report


1 Control of foot and mouth disease


(24143)

15831/02

COM(02) 736

Draft Council Directive on Community measures for the control of foot and mouth disease and amending Directive 92/46/EC.

Legal baseArticle 37 EC; consultation; qualified majority voting
DepartmentEnvironment, Food and Rural Affairs
Basis of considerationSecond SEM of 6 May 2003
Previous Committee ReportHC 63-x (2002-03), paragraph 1 (29 January 2003) and HC 63-xv (2002-03), paragraph 1 (19 March 2003)
To be discussed in CouncilJune 2003
Committee's assessmentPolitically important
Committee's decisionFor debate in European Standing Committee A (decision reported on 29 January 2003)

Background

1.1 Following a review of the Communitys measures for controlling foot and mouth disease in the light of the experience gained in eradicating the disease (including the outbreak in the UK in 2001), the Commission put forward in December 2002 proposals to update and replace those currently in force.

1.2 The contents of this proposal were set out at some length in our Report of 29 January 2003, the main change being that, whilst a ban on prophylactic vaccination would be retained so as to allow the Community to maintain its internationally recognised status of free from foot and mouth disease without vaccination, emergency vaccination would be moved to the forefront of control strategies, but with a distinction being drawn between suppressive and protective vaccination.

1.3 We also commented that, to the extent that the proposal would enact at Council level measures previously dealt with in both Council and Commission legislation, it perhaps represented a less significant step in practice than might have been assumed. Nevertheless, since it introduced some important changes, not least as regards the use of emergency vaccination and the relative roles in this respect of the Commission and the Member State directly affected, in an area of considerable public interest, we recommended it for debate in European Standing Committee A.

1.4 As we noted in our subsequent Report of 19 March, the authorisation of emergency vaccination was addressed further in a supplementary Explanatory Memorandum from the Minister for Fisheries, Water and Nature Protection at the Department of Environment, Food and Rural Affairs (Mr Elliot Morley), together with concerns over the potential impact, particularly on the sheep sector, of the new requirements proposed for the treatment of meat from vaccinated animals before it is placed on the market. That supplementary Explanatory Memorandum was accompanied by a partial Regulatory Impact Assessment, which pointed out that the importance of foot and mouth disease lies principally in its major economic impact, not just on farming, but on other sectors, notably tourism, and in its consequential impacts in such areas as countryside access and environmental costs. The Assessment identified the main costs of the proposal as arising from the adoption of an emergency vaccination strategy, and from the treatment required for animal products, which it described as significant (but as yet unquantified, pending the outcome of the consultation exercise being undertaken).

Second supplementary Explanatory Memorandum of 6 May 2003

1.5 In his second supplementary Explanatory Memorandum of 6 May, the Minister identifies a number of areas where changes have been made to the proposal, including the measures applying to rare breeds, the processing of milk, the movement of vaccinated zoo animals, an extension of the application of a Community-wide ban on swill feeding to include "hobby" and wild animals, the cleansing and disinfection of dilapidated and historic buildings, the use of unpasteurised milk for cheese production, and the measures to be taken when the disease is confirmed in wildlife.

1.6 He has also provided an update on the two main points identified earlier. First, he confirms that it now appears as though the Commission would have the right to impose emergency vaccination in a Member State only where an outbreak threatens to become widespread and where one or more other Member States are at risk due to their geographical location or weather conditions — a compromise which the Government considers to be reasonable. Secondly, on the treatment of meat from vaccinated animals, he says that the draft now provides that meat from animals in the Protection and Surveillance Zones can be marketed domestically without de-boning and maturing, and that the Government will be seeking similar alternative conditions for the marketing of meat from vaccinated animals, once testing has been completed.

1.7 Finally, the Minister has revised his earlier partial Regulatory Impact Assessment, though, as the Government has yet to receive from the industry the detailed data it needs on the prospective costs and benefits, the changes arise principally in the narrative, in order to reflect the various points identified in paragraphs 1.5 and 1.6 above.

Conclusion

1.8 We are grateful to the Minister for this update. We are drawing it to the attention of the House, in advance of the recommended debate, which we understand will take place in European Standing Committee A on 21 May.


 
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