Other instruments of interest
17. The Official Controls (Animals, Feed and
Food) (England) Regulations 2006 (SI 2006/3472), laid by the
Department for Environment, Food and Rural Affairs (DEFRA), provide
for the application and enforcement of an EC Regulation on official
controls for the verification of compliance with feed and food
law, animal health and animal welfare rules. Amongst others, the
Regulations provide powers for the Secretary of State to appoint
auditors to carry out audits of local authority competent authorities
(who themselves apply official controls in these policy areas).
The Regulatory Impact Assessment for the Regulations makes it
clear that, in consultation, the representative body for local
authority enforcement departments (LACORS) expressed concern that
the audit requirements for the competent authorities might impose
additional burdens on local authorities. DEFRA have told us that
they are mindful of the need to avoid such additional burdens,
and that they will continue to work closely with LACORS on acceptable
solutions. We expect DEFRA to keep us informed of the outcome
of these discussions.
18. The draft European Communities (Employment
in the Civil Service) Order 2007 changes the definition of
civil service posts reserved to UK nationals, effectively limiting
the reserved category to posts requiring special allegiance to
the state, for example the Foreign, Security and Intelligence
services and those concerned with border controls and immigration.
The main impact is on Her Majesty's Revenue and Customs, where
70,000 posts will become open to non-UK European Economic Area
nationals and Commonwealth nationals. The change will reduce the
percentage of civil service jobs reserved to UK nationals from
18% to less than 5%.
19. Following a scientific review, two draft
Orders, Schedule 5 to the Anti-terrorism, Crime and Security
Act 2001 (Modification) Order 2007 and Part 7 of the Anti-terrorism,
Crime and Security Act 2001 (Extension to Animal Pathogens) Order
2007, extend the list of controlled pathogens and toxins in
Schedule 5 of that Act. The Act requires that those substances
that potentially pose the greatest risk to human life if misused
by terrorists are stored and handled in secure laboratories. The
House of Commons Science and Technology Committee endorsed the
view that the Act should be updated to include a wider range of
material.
20. The Road Tolling (Interoperability of
Electronic Road User Charging and Road Tolling Systems) Regulations
2007 (SI 2007/58) set out the framework for the "European
electronic toll service" (EETS) which will allow the vehicle
owner or driver to pay charges to any electronic toll road or
road charging system throughout the European Community by means
of a single contract. The details of the system are still under
discussion but these Regulations implement the first stage of
interoperability by requiring that all new electronic road toll
schemes which are brought into effect after 12 February 2007 must
use one of three compliant technologies (satellite positioning
technology, mobile communication technology using GSM-GPRS (Global
System Mobile Communication - General Packet Radio Service), or
5.8 GHz microwave technology).
21. The Sulphur Content of Liquid Fuels (England
and Wales) Regulations 2007 (SI 2007/79) implement the land-based
provisions of a 2005 EC Directive on the sulphur content of marine
fuels (Directive 2005/33/EC), which was one result of a European
strategy intended to address the significant health and environmental
impacts of ship emissions. The 2005 Directive set deadlines of
August 2006 and August 2007 for implementation of its provisions,
including setting a new sulphur limit on fuels used by passenger
ships on regular services between EU ports. DEFRA's Explanatory
Memorandum to SI 2007/79 explains that the Maritime and Coastguard
Agency (MCA) of the Department for Transport are responsible for
implementing the marine provisions of the 2005 Directive. We have
been advised that MCA envisage that full implementation of the
marine requirements will be achieved through a further set of
Regulations, which will come into force only in summer 2008.
22. The Assisted Areas Order 2007 (SI 2007/107),
laid by the Department for Trade and Industry (DTI), defines the
Assisted Areas of Great Britain between 2007 and 2013: Assisted
Areas are those where regional investment aid can be granted in
accordance with EU legislation. The Order follows a Ministerial
Statement made on 10 October 2006 (HC Deb, 10 October 2006, col
17WS) which explained that, in accordance with European Commission
guidelines, the proportion of the UK population covered by Assisted
Areas would be reduced from 30.9% to 23.9%, because the UK economy
had grown faster than any of the G7 industrialised nations, and
because of EU enlargement. DTI have made it clear that, in areas
which have lost Assisted Area status, small and medium-sized enterprises
with up to 250 employees will continue to be eligible for certain
types of aid.
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