11 Safety of the agri-food chain
| (34920)
9459/13
COM(13) 264
| Commission Communication: Healthier animals and plants and a safer agri-food chain — A modernised legal framework for a more competitive EU
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| Legal base | —
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| Document originated | 6 May 2013
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| Deposited in Parliament | 16 May 2013
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| Department | Environment, Food and Rural Affairs
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| Basis of consideration | EM 7 June 2013
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| Previous Committee Report | None
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| To be discussed in Council | See para 11.13 below
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| Committee's assessment | Politically important
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| Committee's decision | Cleared
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Background
11.1 The Commission points out that ensuring a high level
of health for humans, animals and plants is a Treaty objective,
and it notes that the EU has built up a comprehensive body of
law to prevent and manage any risks to the safety of the food
chain at EU and national levels, with enforcement being achieved
through a common set of rules on official controls carried out
by the Member States. It adds that overall this legal framework
has been effective, but that the modern global market increasingly
exposes the EU to new risks, and that there is a need to simplify
and update the various instruments and further integrate the approach
across the various areas.
The current document
11.2 Having carried out a review, the Commission has now put
forward four proposals dealing with animal health,[23]
plant health,[24] plant
reproductive material (seeds)[25]
and official controls,[26]
which are accompanied by a fifth proposal[27]
establishing a multi-annual EU financing programme. It then identifies,
for each of the four main areas, the current context, the need
for modernisation, and the main changes required to achieve this.
ANIMAL HEALTH
11.3 The Commission says that EU intervention is currently
focused on preventing and controlling transmissible diseases which
may have significant health and economic impacts, as well as effects
on international trade in animals and animal products, and it
points out that the current EU legislative framework comprises
around 50 basic Directives and Regulations, some of which were
adopted in the early 1960s, since when new challenges have emerged
in the form of disease which were previously unknown, whilst trading
conditions have changed radically.
11.4 It notes that an independent review in 2004
concluded that, although the system was functioning properly,
there was a need to address issues such as the complexity of the
framework, the lack of an overall strategy, insufficient focus
on disease prevention, and possible improvement to intra-EU trade,
and that this led to the adoption in 2007 of the EU Animal Health
Strategy 2007-2013. It now proposes a new Regulation which would
provide the legal framework to support that Strategy, and which
would establish a single, simplified regulatory framework which
sets out the objectives, scope and principles of regulatory intervention,
based on good governance and international standards, enabling
a quick reaction in case of emerging diseases, ensuring consistency
across the field of animal health, reducing the impact of animal
diseases on animal and public health, animal welfare, economy
and society as far as possible, and ensuring the smooth functioning
of the internal market of animals and animal products.
PLANT HEALTH
11.5 The Commission says that this is a key factor
in achieving sustainable and competitive agriculture, horticulture
and forestry, the first objective being to protect living products
and the environment by preventing the entry and spread of non-native
pests, with plant health rules imposing import requirements and
conditions for the movement of plants and plant products within
the EU, and requiring outbreaks of listed pests to be eradicated
or contained. In addition, the Commission identifies the second
objective as being to ensure that healthy plant material is used
at the beginning of the production chain by preventing the spread
of pests in seeds and planting material.
11.6 The Commission says that, since their introduction
in 1977, plant health rules — notably Council Directive
2000/29/EC — have protected the EU against the introduction
and spread of many pests, but that, with globalisation and climate
change, it is facing a higher risk of new pests entering, together
with increased opportunities for their establishment and spread,
as well as increased vulnerability of agricultural and natural
ecosystems. It notes that an evaluation carried out in 2010 identified
the main problems as being an insufficient focus on the prevention
of imports presenting high risks, the need to focus on pests which
spread across Member States, the need for more efficient instruments
for controlling the presence and natural spread of pests, and
the need to modernise existing instruments for intra-EU movement
(such as plant passport and protected zones).
11.7 It says that it has accordingly proposed
a new Regulation, which seeks to overcome these deficiencies by
strengthening the current plant health regime by preventing the
entry and spread of harmful non-native pests and diseases and
putting in place a robust, transparent and sustainable regulatory
framework that is 'fit for purpose' particularly against a background
of increased risks to plant health from trade globalisation and
climate change.
PLANT REPRODUCTIVE MATERIAL (SEEDS)
11.8 The Commission observes that such material
is the cornerstone of agricultural, horticultural and forestry
production, being the first link in the agri-food chain, and affecting
the diversity, health and quality of plants and food, with controls
currently being exerted to ensure the identity, health and quality
of material for the benefit of users. It notes that the current
framework comprises 12 basic Directives and nearly 90 secondary
acts which have been developed since the 1960s, covering variety
listing for the authorisation of marketing and specific marketing
requirements for different species, with there being a need to
address the complexity and fragmentation of the current legislation,
the considerable administrative burden involved for those authorities
carrying out registration and certification, a lack of consistency
with other EU policies (such as biodiversity protection and climate
change), and the lack of a consistent approach to recovering the
costs of registration and certification.
11.9 It has therefore sought to update and simplify
the current body of legislation, and to clarify and harmonise
existing approaches and practices within the EU. The current legislation
will be consolidated into a single new Regulation, with the main
components of the present regime — variety registration
and quality standards — being retained, but with the Commission
being given additional powers through delegated and implementing
acts.
OFFICIAL CONTROLS
11.10 The Commission points out that a high level
of health along the agri-food chain depends on consistent, effective
and timely enforcement by Member States, requiring them to have
a clear, reliable and consistent legal environment, and appropriate
resources. It notes that official controls are governed by Regulation
(EC) No 882/2004, which has laid the basis for a more integrated
approach to enforcement. However, it adds that there are still
certain shortcomings, which should be addressed by simplifying
the overall legal framework to avoid fragmentation, overlaps and
gaps (and hence differences in interpretation), more consistent
use of the "risk-based controls" principle, the systematic
and consistent use of administrative cooperation and computerised
information systems, and the repeal of unnecessary administrative
requirements. It also says that funding official controls from
fees has not fully ensured an adequate level of resources, and
that that there is also evidence that current rules are failing
to ensure a fair and consistent approach across sectors.
11.11 It has therefore sought in this proposal
to simplify the overall legislative framework, and in the process
to integrate the rules currently applicable to official controls
in specific areas. More specifically, the proposal would broaden
the scope of the rules on official controls to encompass controls
on plant health and plant reproductive material; introduce a degree
of flexibility and proportionality in the accreditation of laboratories
carrying out analysis in the context of official controls; increase
the effectiveness of assistance and cooperation among Member States;
introduce a uniform set of rules for controls carried out at EU
borders (including the introduction of Border Control Posts and
a Common Health Entry Document; increase the transparency of controls;
amend the current system of fees to ensure that sufficient resources
are allocated to official controls and increase the number of
controls for which mandatory fees would apply; and require
Member States to lay down rules in order to enforce the Regulation
by way of effective, proportionate and dissuasive penalties.
The Government's view
11.12 In their joint Explanatory Memorandum of
7 June, the Minister of State at the Department for Environment,
Food and Rural Affairs (David Heath) and the Parliamentary Under-Secretary
of State (Lord de Mauley) say that the Government welcomes and
supports the Commission's intention to update and modernise these
Regulations, and they note that the resulting package seeks to
safeguard the single market, improve harmonisation across Member
States, deliver a high level of consumer protection and introduce
simplification and better regulation.
11.13 They each comment separately in Explanatory
Memoranda provided on the individual proposals, which we are recording
elsewhere in this Report, indicating that, discussions will commence
under the Lithuanian Presidency in the second half of 2013, but
that, as the proposals are part of a complex package, it is unlikely
that they will be agreed between the Council and the European
Parliament before the Parliament elections in June 2014.
Conclusion
- This Communication provides
a useful introduction to the package of measures which the Commission
has put together to update and simplify EU law relating to animal
health, plant health, plant reproductive material and official
controls on food and feed, and, for that reason, we think it right
to draw it to the attention of the House. However, as the main
focus of the subsequent negotiations in Brussels will be on the
individual proposals, on which we are seeking further information
from the Government, we see no need to retain this document under
scrutiny. We are therefore clearing it.
23 (34913) 9468/13: see Chapter 2 of this Report. Back
24
(34934) 9574/13: see Chapter 4 of this Report. Back
25
(34930) 9527/13: see Chapter 3 of this Report. Back
26
(34922) 9464/13: see Chapter 6 of this Report. Back
27
(35037) 10726/13. Back
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