13 Animal health law
| Committee's assessment
| Politically important |
| Committee's decision | Cleared from scrutiny
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| Document details | Draft Regulation on animal health law
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| Legal base | Articles 43(2), 114(3) and 168(4)(b) TFEU; co-decision; QMV
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| Department | Environment, Food and Rural Affairs
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| Document numbers | (34913), 9468/13 + ADDs 1-2, COM(13) 260
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Summary and Committee's conclusions
13.1 The current framework for European animal health
law comprises around 50 basic Directives and Regulations, some
of which were adopted in the early 1960s, since when new diseases
have emerged, and trading conditions have changed radically. Following
an independent review in 2004, the Commission put forward in May
2013 this draft Regulation, which seeks to establish a single,
simplified framework.
13.2 As we noted in our Report of 10 July 2013, the
Regulation would be divided into seven main parts, and would be
underpinned by more detailed delegated and implementing acts ("tertiary
legislation"). We were told by the Government that, although
certain aspects would need to be clarified, the Commission's objectives
broadly matched UK goals, and that a framework Regulation directly
applicable in all Member States would give rise to considerable
better regulation benefits.
13.3 In our subsequent Report of 17 December 2014,
we noted that the Italian Presidency hoped to secure shortly a
mandate enabling trilogue negotiations to commence early in the
New Year; that the Council's position met the UK's concerns; but
that the differences between it and the European Parliament would
need to be debated during the trilogue. We also noted that the
incoming Latvian Presidency regarded this dossier as a priority,
and expected the trilogue discussions to be concluded by April
2015, with a vote in the Council before June, in which case the
Government would regard it as necessary to seek clearance ahead
of such a vote.
13.4 In its most recent letter of 24 February 2015,
the Government says that a vote on a final compromise text agreed
by the Commission, European Parliament and Council has now been
provisionally scheduled for the Council on 20 April (although
a vote at the May or June Councils is more likely). It does not
anticipate that this will raise any substantial issues, and, if
that is so, the UK's aim will be to support the proposed Regulation.
It also says that, in view of the limited time before the dissolution
of Parliament and General Election, it is keen for the proposal
to clear Parliamentary scrutiny at the earliest opportunity.
13.5 Our most recent Report of 17 December 2014
said that we thought it unlikely that there would be any need
for further consideration by the House on the basis of the text
agreed by the Council, but, given the uncertainty over the position
of the European Parliament, we felt it would be premature to release
the proposal from scrutiny at that stage. However, the Government
now appears confident that any text arising from the trilogue
discussions will be acceptable. In view of this, and the likelihood
of a decision being taken before our successor Committee is appointed,
we now think it would be right to clear the proposal, bearing
in mind also that its broad aims are supported by the UK.
Full details of the document:
Draft Regulation on animal health law: (34913), 9468/13 + ADDs
1-2, COM(13) 260.
Background
13.6 European animal health law is currently focused
on preventing and controlling significant transmissible diseases,
as well as their effect on international trade in animals and
animal products, and the current framework comprises around 50
basic Directives and Regulations, some of which were adopted in
the early 1960s. Since then, new diseases have emerged, and trading
conditions have changed radically, and, following an independent
review in 2004 which led to the adoption of the EU Animal Health
Strategy 2007-2013, the Commission put forward in May 2013 this
draft Regulation, which seeks to establish a single, simplified
framework, enabling a quick reaction to emerging animal diseases,
whilst ensuring consistency, reducing the impact of those diseases,
and ensuring the smooth functioning of the internal market.
13.7 In reporting the proposal to the House on 10
July 2013, we noted that the Regulation would be underpinned by
more detailed delegated and implementing acts ("tertiary
legislation"); that it would be divided into seven main parts;[27]
that the Commission's objectives broadly matched UK goals; and
that, although certain aspects would need to be clarified, the
Government believed that there would be considerable better regulation
benefits, making it possible to see more clearly how all the related
measures would fit together.
Subsequent developments
13.8 Our subsequent Report of 17 December 2014, we
noted that we had received a number of updates from the Parliamentary
Under-Secretary of State at the Department for Environment, Food
and Rural Affairs (George Eustice) on the discussions in the Council,
and that he had also noted that the former European Parliament
had adopted numerous amendments — some helpful, others not.
In particular, his letter of 7 December 2014 had said that the
Italian Presidency hoped to secure a mandate enabling trilogue
negotiations to commence early in the New Year, and had also summarised
developments on the most important outstanding issues, adding
that, as the new European Parliament had endorsed the position
taken by its predecessor, the differences between it and the Council
would need to be debated. He also said that the Council had an
agreed position on the amendments proposed by the Parliament,
which largely supported the UK position, and that the Government
would seek to minimise the risk of any deviation from this.
13.9 Our Report concluded by noting that the incoming
Latvian Presidency expected the trilogue discussions to be concluded
by April 2015, with a vote in the Council before June, and that
the Minister had commented that this would necessitate seeking
clearance of the proposal ahead of such a vote. In view of this,
we said that we had considered carefully our handling of this
document, and that, given what the Government had told us, we
thought it unlikely that we would see any need for further consideration
by the House on the basis of the position reached in the Council.
On the other hand, we hesitated to release the proposal from scrutiny,
whilst uncertainty still existed over the position of the European
Parliament and the outcome of the trilogue discussions. We therefore
asked the Minister to keep us informed of any further important
developments.
Minister's letters of 10 January and 24 February
2015
13.10 We have since received two further letters
from him. The first of these, on 10 January 2015, said that there
had been significant progress in the Council, where it had been
agreed that trilogue negotiations should be opened, and confirmed
that these were expected to be completed by April 2015. It added
that the Government was broadly satisfied with the final Council
text, and that it remained the UK goal to maintain this, and to
ensure the principles in it were reflected in any tertiary legislation.
The letter also said that the Council had agreed on a transition
period of five years, in which case it was anticipated that the
Regulation would apply from mid-2020.
13.11 The Minister has now sent a further letter
of 24 February 2015, saying that the trilogue negotiations on
the proposal have begun, and that a final compromise text could
emerge as soon as April, with a vote provisionally scheduled for
the Council on 20 April (although a vote at the May or June Councils
was more likely). He adds that he is broadly satisfied with the
proposed Council text, and does not anticipate that the one finally
agreed by the Commission, European Parliament and Council will
raise any substantial issues. In that is so, the UK's aim will
be to support the proposed Regulation, and the Minister says that,
in view of the limited time before the dissolution of Parliament
and General Election, he is keen for the proposal to clear Parliamentary
scrutiny at the earliest opportunity. He therefore hopes that
his letter provides us with sufficient information to give clearance,
and to support the negotiating position he has outlined.
Previous Committee Reports
Ninth Report HC 83-ix (2013-14), chapter 2 (10 July
2013), and Twenty-seventh Report HC 219-xxvi (2013-14), chapter
4 (17 December 2014).
27 Dealing respectively with general rules; notification,
surveillance, eradication and disease freedom; disease preparedness,
awareness and control; registration, approval traceability and
movements; entry into the EU and export; emergency measures; and
final and transitional provisions. Back
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