Correspondence with Ministers October 2006 to April 2007 - European Union Committee Contents


POTATO CYST NEMATODES (8399/05)

Letter from Lord Rooker, Minister for Sustainable Farming and Food, Department for Environment, Food and Rural Affairs to the Chairman

  Further to my letter of 5 June 2006[78] and your reply of 10 July 2006. I am writing to update you on developments concerning the above proposal.

  The Finnish Presidency were unable to give the proposal much attention in the latter half of 2006 and therefore they focused on completing a first read through of the text. The proposal has now been taken over by Germany who, as anticipated, want to see an accelerated rate of progress, ideally completing scrutiny during their Presidency.

  In preparation for the German Presidency, we have been assessing progress against UK objectives to date. As a result of this process, we have been able to identify and prioritise the remaining key issues for resolution. These issues are described in Annex A.

  The first meeting of the German Presidency was held on 15 and 16 January 2007, when a second read-through of the proposal started, including consideration of amendments proposed by Member States. This was an opportunity to explore revisions to take account of the issues described in Annex A. Thanks to the groundwork laid during earlier Council Working Group meetings and a number of bilaterats, there was support for a number of UK-inspired amendments to be incorporated into a revised draft text. This was encouraging, but clearly much work still needs to be done to ensure that the amendments are retained, as there remains a diverse range of views within the Working Party as to what is required from the updated Directive.

  It is also the case that there was no time to discuss the key issue of concern—soil sampling (Annex II of the proposal). These measures, if adopted unamended, would have most impact in terms of the increased burden placed on Member States. The UK has therefore been working hard to build support for alternative approaches, which remain scientifically based, but would be more balanced and proportionate. One such idea has been to include revised measures for larger fields, which at present are subject to a disproportionate effect, because of the flat rate of sampling proposed. The UK gave a powerpoint presentation during the Finnish Presidency to illustrate the problem and identify possible solutions. Another option would be an across the board reduction to the proposed sampling rates, to reflect the concerns expressed by Member States about increased costs, with only limited corresponding benefits.

  The next meeting is scheduled for 16 and 17 April 2007, so there is a further opportunity to develop our ideas on soil sampling in consultation with others. We intend to discuss such ideas with, at least, the other Member States who were involved in developing the original proposals (Netherlands and Germany). This will not be an easy process as Netherlands grows its seed potatoes in very small fields (and therefore does not have the same concerns about large fields as the UK) while Germany are the main proponents of enhanced measures. Nevertheless, these Member States, together with the UK, have significant influence in this area, given the scientific expertise available and their experience in developing the original proposals. Therefore, any amendments which have the support of these Member States are more likely to be accepted by the Commission and other Member States.

  The progress achieved to date in these negotiations has been encouraging, given the lack of support during the early stages, but it remains too early to give a firm indication on the extent to which remaining substantial UK objectives will be achieved by the end of the process. The Council Working Party scheduled for April is likely to be an important one particularly in determining the prospects for revised soil sampling measures. I would hope that following that meeting we will be in a clearer position to update the Committee on the likelihood of achieving the UK objectives set out in the Annex. Therefore, my intention is to write again after that meeting, but I felt it important to update the Committee now to report on early developments from the German Presidency. Should the Committee have any questions at this stage, I would of course by happy to answer them.

  You have asked for details of the cost: benefit situation regarding the proposal. These remain largely as described in earlier correspondence, particularly letters from my predecessor of 21 October 2005 and 20 December 2005. One of the key concerns for the UK has been the poor benefit: cost ratio associated with the proposal. However, this has not been such an issue for the Commission or the majority of other Member States, who do not regard cost: benefit considerations as a priority. Much of the work undertaken by the UK Presidency in the latter half of 2005 was designed to ensure that all parties were exposed to evidence on costs and benefits through the preparation and presentation of an Impact Assessment. This has achieved some limited success, as a number of other Member States are now making statements relating to the burdens associated with particular aspects of the proposal. Despite this there remains overwhelming support for enhanced measures, with PCN being seen as an important pest to control. Given this support, we have had to accept that there will be increased costs resulting from the proposal. Our objective, therefore, has been to build support amongst others to introduce amendments which limit the scale of increased costs while still achieving the overall objective of strengthened measures to reduce the rate of further PCN spread. If we can address at least the highest priority issues set out in the Annex then I believe we will have achieved our objective.

9 February 2007

Annex A

PCN: KEY UK NEGOTIATING OBJECTIVES (IN ORDER OF PRIORITY)

IssueObjective Progress
Annex II: soil sampling/testing—additional burden Reduced overall burden, or revised measures for larger fields. No substantive discussion.
Art.6: official survey—new burden Permit other sources of information to be included. UK objective now reflected in draft text.
Annex I: list of plants—inclusion of bulbs Exclusion of bulbs, or reduced impact on bulb growers. No substantive discussion on Annex I, but most bulb growers would be exempt under a UK-inspired revision to the official investigation requirements.
Art. 9: official control programme—compulsory use of resistant varieties Flexibility to decide control measures on a case by case basis. UK objective now reflected in draft text.
Art. 9: official control programme—no scope for authorising other programmes Provision to authorise programmes undertaken by growers or other organisations. UK objective now reflected in draft text.
Art. 18: implementation date—time to adapt Minimum of 2 years.Still to be discussed.
Annex III.I: verification options—restricted options Extended optionsNo substantive discussion.
Art. 11: notification of resistance breakdown—practicality Removal of compulsory requirement.UK objective partly reflected in draft text; reduced emphasis on enforcing such a requirement.
Annex III.III: waste disposal—practicality Amended requirements to ensure practicality. No substantive discussion.








78   Correspondence with Ministers, 40th Report of Session 2006-07, HL Paper 187, p 268. Back


 
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