Memorandum by the Department for Environment,
Food and Rural Affairs
INTRODUCTION
1. To meet the challenges of globalisation effectively,
the European Union (EU) needs: a competitive economy with high
rates of growth and employment; and to protect the environment,
by ensuring sustainable use of natural resources, tackling climate
change and energy security. The two are intrinsically linked and
complementary. Together they present a powerful case for collective
action—many environmental issues are cross-border and tackling
these at EU-level can help to minimise competitive distortions:.
— The EU Single Market is the world's
biggest trading block (22% of global income), and plays a leading
role in the setting of global norms and standards; and the EU
also represents 14% of global greenhouse gas emissions.
— By acting together in international
negotiations, the EU carries a weight that is not available to
any individual Member State.
— EU policies—agriculture, fisheries,
energy, transport, R&D, development aid, regional development—have
major impacts on the environment.
— Well designed environmental policy
can contribute to EU competitiveness and the Lisbon agenda of
jobs and growth through encouraging innovation, environmental
technologies and services, giving the EU first mover advantage
in the move towards a low-carbon world.
2. Among the many successes of the EU over
the last 50 years has been the establishment of an EU-wide level-playing
field, a common set of rules and a common system of accountability
in policy-making. We have also increasingly seen environmental
protection and sustainable development become mainstreamed as
a key element of other policy areas. These advances have taken
place through the development of an integrated assessment process
which identifies and addresses the environmental, social and economic
consequences of policies, the provision of institutional fora
for debate, negotiation and consensus-building between Member
States, both with respect to EU measures and in relation to international
agreements. The UK has gained access to joint projects and international
partnerships which have had, and will continue to have, enormous
implications for the UK economy, environment and society, but
which the UK could not take forward alone eg EU partnerships with
India, China and Russia.
3. The EU has reinforced existing, or intended,
UK measures (eg creation of an emissions trading scheme, pollution
controls and protection of wild birds and habitats), enhanced
and maintained benefits, and encouraged political, financial and
social buy-in by other key players. This has been especially important
for large-scale projects (eg the EU's Emissions Trading Scheme,
ETS) and for international legislation that includes, but goes
beyond, EU boundaries, such as the UN Convention on International
Trade in Endangered Species (CITES).
4. The Reform Treaty (henceforth "the
Treaty") will not lead to any fundamental change in the relationship
between the EU and the UK. Instead, the Treaty will allow the
enlarged EU to work more effectively and efficiently and settle
the debate about how the EU works for the foreseeable future.
This will allow us to concentrate on tackling the challenges that
matter to the EU's citizens, such as climate change.
LIKELY IMPACTS
Environment
5. The Treaty accurately reflects the threats
to security, prosperity and well being of Europe's citizens posed
by climate change, and recognises this is a shared global challenge.
It includes a specific reference to climate change: for the first
time, combating climate change is recognised as an important strategic
challenge and as a specific objective of EU policy (Art 174(1)).
The Treaty demonstrates the EU's ambition to lead the way globally
towards secure, low carbon, competitive economies.
6. Environmental legislation is already
decided through co-decision (with some particular exceptions)
between the Council of Ministers and the European Parliament (EP).
This is broadly equivalent to the ordinary legislative procedure
introduced by the Treaty, and therefore we do not believe that
the legislative process by which environmental policy is decided
in the EU will be noticeably affected. The Treaty confirms the
wider EU objectives set out in earlier treaties such as working
for the sustainable development of Europe, affording a high level
protection for the environment and upholding these values internationally.
Agriculture and fisheries
7. As societies face up to today's changing
world and the realities of climate change and globalisation, Europe
must continue to develop its agriculture policy so that our food
and farming sector becomes more competitive and more capable of
delivering both economic and environmental benefits. We believe
that agriculture should continue to perform a range of functions
of value to society, in particular with respect to the environment,
by addressing climate change, safeguarding landscapes and protecting
biodiversity.
8. Agriculture and fisheries policies remain
linked and the Treaty reflects this by integrating fisheries into
the agriculture title. Matters previously dealt with by the Council
in consultation with the EP will now be dealt with by the Council
and the EP under the ordinary legislative procedure. Where the
EP is currently consulted, it will now be able to table amendments
which will be negotiated with the Council. This will give greater
powers to the EP in some agriculture and fisheries matters. However,
the ordinary legislative procedure will not extend to measures
on fixing prices, levies aid, quantitative limitations (eg milk
quotas) and allocation of fishing opportunities (eg total allowable
catches).
9. As regards budgetary provisions, abolishing
the distinction between compulsory and non-compulsory expenditure
will give the EP a greater role in agreeing the agriculture budget.
10. It is too early to say how introduction
of these changes will affect the process or substance of Reform
of the Common Agricultural Policy (CAP), animal health and welfare
or fisheries policy in the EU.
11. The EU may only act within the limits
of the competences conferred on it. In relation to the conservation
of marine biological resources under the Common Fisheries Policy
(CFP), we consider that the Treaty provisions are intended to
codify previous case law relating to competence.
ANIMAL WELFARE
12. The Protocol on the protection and welfare
of animals of the Treaty of Amsterdam (1997) stated "Desiring
to ensure improved protection and respect for the welfare of animals
as sentient beings' and required the Community and Member States
to "pay full regard to the welfare requirements of animals',
with certain exemptions. The Treaty closely follows this Protocol
but now more strongly emphasises the sentience of animals by using
the phrase "since animals are sentient beings".
13. The range of animals covered by the
Amsterdam Protocol included those used in agriculture, transport,
the internal market and research. It has been extended by the
Treaty to those used in fisheries, technological development and
space. Whilst there is wide agreement that vertebrate animals
are sentient, there is less clarity on the sentience of invertebrates.
In developing the Animal Welfare Act 2006, the scope was confined
to vertebrates kept by man. The Treaty sets out a wider scope
which would include some invertebrates used for fisheries eg shellfish
and also the catching of vertebrate fish. The implications of
the scope of the Treaty will need to be considered in relation
to the exemptions provided for matters such as religious rites,
cultural traditions and regional heritage.
December 2007
|
