Eighth Report Contents

Proposed Negative Statutory Instruments under the European Union (Withdrawal) Act 2018

Instruments recommended for upgrade to the affirmative resolution procedure

Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2018

Date laid: 20 November 2018

Sifting period ends: 5 December 2018

1.The purpose of these draft Regulations, laid by the Department for Environment, Food and Rural Affairs (Defra) as a proposed negative, is to address deficiencies in retained EU legislation in relation to the identification of horses and other equines, including by so-called ‘horse passports’ and microchips. Defra says that the instrument is needed to ensure that the current system can operate effectively after EU exit, supporting high standards of equine biosecurity, enforcement, food safety, fraud prevention, animal welfare and trade.

2.The Explanatory Memorandum states that the proposed changes will not have any significant impact but refers to a Technical Notice on ‘taking horses abroad if there’s no Brexit deal’ which suggests that there could be further costs to owners who wish to take a horse to the EU, if additional blood tests are required as part of the export certification process. The Technical Notice puts these extra costs at £200 to £500, depending on the third country animal health risk category the UK is placed in after leaving the EU. In addition, the Technical Notice explains that equines entering the EU from the UK would have to pass through a Border Inspection Post in an EU Member State. The Department estimates that these changes would affect about 42,000 equine movements between the UK and the EU per year.

3.While Defra emphasises that the additional costs and administrative requirements would not be a result of the instrument itself but of a ‘no deal’ withdrawal from the EU, the Committee nevertheless is of the view that the instrument highlights the considerable impact that a ‘no deal’ withdrawal from the EU could have in this area, and that the House may wish to debate some of these issues. We therefore recommend that this instrument should be subject to the affirmative resolution procedure.

International Waste Shipments (Amendment) (EU Exit) Regulations 2018

Date laid: 22 November 2018

Sifting period ends: 10 December 2018

4.Shipments of notified waste1 between the UK and other EU Member States (of which England exported just under four million tonnes to the EU in 2017) are subject to a procedure of prior notification and consent according to rules set out in EU Regulations.2 This proposed negative instrument will continue to implement the UK’s obligations as a party to the Basel Convention3 and as a member of the Organisation for Economic Cooperation and Development, and it will also retain the EU control regime for waste shipments on exit day. The Commission has indicated in a notice to stakeholders (published on 8 November 2018) that those notifications, which currently apply past 29 March 2019, will no longer be valid on exit day, but it has set out a process to reapprove existing notifications. The Department for Environment, Food and Rural Affairs has explained that the UK’s competent authorities (the Environment Agency, the Scottish Environment Protection Agency, the Northern Ireland Environment Agency and Natural Resources Wales) have written to their counterparts in other Member States to agree that the process of waste shipments would continue as normal after exit. Of the 533 letters written to date, 61 responses have indicated an agreement to roll-over. However, if an EU competent authority does not agree to roll-over an existing notification, new consents will need to be approved for those shipments to continue and, as this may have an impact on the UK’s ability to export notifiable waste, the House may expect the opportunity to debate this instrument. We therefore recommend that this instrument should be subject to the affirmative resolution procedure.

Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2018

Date laid: 22 November 2018

Sifting period ends: 10 December 2018

5.These draft Regulations, laid as a proposed negative by the Department for Environment, Food and Rural Affairs (Defra), seek to address deficiencies in retained EU legislation in relation to the control and eradication of transmissible spongiform encephalopathies (TSEs), such as BSE, and the use, disposal, placing on market and import of animal by-products.

6.While the Explanatory Memorandum states that the instrument only proposes minor amendments and no policy changes, one of the proposed amendments would have the effect of removing a statutory duty to ensure staff of competent authorities have appropriate education and training in relation to TSE checks. The Department told us that it would not be appropriate to impose such a duty on the relevant national authorities in the UK when current EU funding will no longer be available for this after exit, and that it would be a disproportionate duty, given that there are now only very occasional cases of BSE and the further distance in years since the introduction of the ban on feeding meat and bone meal to ruminants. Defra said that the relevant national authorities would be better placed to decide whether staff training was useful.

7.The control and eradication of TSEs is an important and sensitive policy area. The Committee is of the view that the proposed amendment risks giving the impression that control measures in this area are being weakened, and that this could potentially undermine UK meat exports after exit. Given these concerns, the House may expect the opportunity to debate the proposals. We therefore recommend that this instrument should be subject to the affirmative resolution procedure.

Proposed Negative Statutory Instruments about which no recommendation to upgrade is made

1 Notified waste comprises hazardous wastes, mixed municipal wastes, mixtures of wastes and wastes which are destined for disposal. Non-notifiable wastes, mainly non-hazardous wastes such as paper or plastic destined for recycling, does not require prior approval from the UK regulators before shipment.

2 Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste, (OJ L 190/1, 12 July 2006)

3 On the Control of transboundary Movements of Hazardous Wastes and Their Disposal.



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