Trade in Animals and Related Products (Amendment) (EU Exit) Regulations 2019

Considered in Grand Committee

Moved by

That the Grand Committee do consider the Trade in Animals and Related Products (Amendment) (EU Exit) Regulations 2019.

My Lords, I shall speak also to the instrument grouped with these regulations—the Import of and Trade in Animals and Animal Products (Amendment etc.) (EU Exit) Regulations 2019—as I think it will be helpful to noble Lords, given the close connection between the two.

The Trade in Animals and Related Products (Amendment) (EU Exit) Regulations 2019 amend provisions related to imports, and transit through the EU, of: live animals, including horses; animal products, including meat; reproductive material used for animal breeding, such as semen, ova and embryos; and the non-commercial movement of pet animals.

This instrument importantly ensures operability of our main English animal trade instrument, the Trade in Animals and Related Products Regulations 2011. This is key legislation for the import of these commodities into England that establishes a system for trade in live animals and genetic material with other EU member states and imports of animals and animal products from outside the European Union.

This instrument also ensures the operability of two related instruments that regulate the non-commercial movement of pet animals into Great Britain and ensure protection against the introduction of rabies: the Non-Commercial Movement of Pet Animals Order 2011 and the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974. The Non-Commercial Movement of Pet Animals Order 2011 enforces in Great Britain the EU pet travel scheme, which sets out rules for identification, vaccination and documentary requirements for pets entering member states from other member states or third countries, and the rabies order sets out requirements for quarantine when a pet is not compliant with these rules, in order to protect our biosecurity and prevent the introduction of rabies.

This instrument makes technical amendments to ensure continued operability of: 14 EU instruments concerning imports of live animals and reproductive products; 17 concerning imports of animal products intended for human consumption; four that lay down protective measures against the introduction of particular diseases; four that cover the EU pet travel scheme; and seven that relate more generally to the import regime for animals and animal products. This instrument also contains similar technical amendments to references to powers to charge fees found in two domestic instruments.

The amendments ensure the continuation of veterinary controls and other import conditions which safeguard animal and public health. They allow for authorisation of businesses to continue, and for the maintenance of health certification and transport requirements, and allow appropriate actions to be taken in case of reported non-compliance or disease outbreaks in other countries. Furthermore, they provide for the continuation of the existing health and documentary requirements for the non-commercial movement of pets into the UK under the EU pet travel scheme.

In addition, the amendments transfer certain powers and functions from the European Commission to the respective Ministers in the UK. The amendments give Ministers the power, formerly reserved by the Commission, to take appropriate action in relation to trade restrictions resulting from disease outbreaks abroad. Regulation 3 and Schedule 1 lay the foundations for the appropriate Minister and the Northern Ireland Office to amend lists of third countries approved as having equivalent official disease controls for continuing trade with the UK in live animals and animal products, and thus to refuse trade or impose more stringent conditions on countries that pose a biosecurity risk.

Regarding the EU pet travel scheme, the amendments are required in order to ensure that safe pet travel without quarantine can continue into the UK. If these amendments were not made, EU pet passports for pet animals travelling from the EU would no longer be valid in the UK, which would clearly cause disruption. The UK’s ongoing application to become a listed third country for the purposes of pet travel between the UK and EU member states is also dependent on maintaining EU minimum health standards.

This instrument applies to the whole of the UK; the devolved Administrations were closely engaged in its development and have given their consent.

Defra has carried out extensive engagement with stakeholders on animal trade and pet travel more generally. Concerning importers of animals and animal products, the department has engaged with over 300 stakeholders to date, covering 50 events. All border inspection posts and all known impacted trade associations have been consulted. Defra will continue this engagement with importers over the coming weeks to ensure they understand the changes that will come into effect.

In relation to the equine sector, Defra has engaged with key stakeholders, including the British Horseracing Authority, World Horse Welfare, the British Equine Veterinary Association and Weatherbys, throughout work on EU exit. The equine sector is content with the proposed approach for imports.

In relation to pet travel, Defra has engaged with key stakeholders, including carrier and industry groups, the British Veterinary Association, the Royal College of Veterinary Surgeons, the Kennel Club, Guide Dogs UK and Dogs for Good. The pet travel sector is also content with the proposed approach.

Additionally, on the subject of this legislation Defra has engaged with various major stakeholders—the Food and Drink Federation, the International Meat Trade Association and the NFU—who raised no concerns with Defra’s approach.

The trade in animals and animal products that do not constitute a risk to human or animal health is clearly of significant importance to the UK’s food security and economy. These technical amendments are essential for the continuation of the UK’s current trade and import regime and for minimum disruption to pet travel. They will also ensure that our strict biosecurity controls with regards to animal trade are maintained at their current levels when we leave. I beg to move.

My Lords, I welcome these two sets of regulations, one of which is clearly more substantive than the other. I would note that the value of exports of animals and animal products is currently running at £6.7 billion, so this is not an insignificant trade. I have some questions for my noble friend.

Concern has been expressed by the British Veterinary Association and others—this is also mentioned by Sub-Committee B of the House of Lords Secondary Legislation Scrutiny Committee—that there could be a hurdle. My first question is this: if we pass this statutory instrument today, will it take immediate effect, thus ensuring that there will not be any form of hiccup? I have read that it could take six months for Britain to be listed as a third country. Does this statutory instrument prevent any hiatus occurring? I hope that my noble friend can reassure the Committee today that our exports will continue. It has been put in terms that the UK may not be permitted to make the application to become a third country until after 11 pm on 29 March—if that deadline is upheld. The briefing from the BVA goes on to state that the process can take several months, while according to the National Farmers’ Union, Defra itself has indicated that the process could take up to six months. It would be reassuring to know that that is not the case.

My noble friend will be aware of my concern especially about racehorses. He mentioned that the statutory instruments before the Committee relate to imports. That begs the question: what is the position as regards exports? We have the tripartite agreement which relates to racehorses, presumably covering racing, breeding and so on. What is the position as regards exports under this instrument? Are we going to have a separate SI to cover that aspect, or have I missed something here? Can my noble friend assure me that our racehorses will be able to go to Ireland and France to compete in races on 30 March and beyond?

My Lords, I had not intended to visit the Grand Committee on these SIs today because, as the Minister said, there are no major policy changes. I declare an interest—it is not an interest, really—because I am a member of sifting committee B, helping the world go by with statutory instruments.

We published a brief note on these two SIs in our 15th report and I wish to raise a couple of points which I did not know about until earlier this morning. It is not without significance that the medicine SI we debated earlier and this SI started life as negative instruments from Defra, which did not want them debated. That was the view and that is what it is all about. These two SIs were upgraded following the sifting process.

Defra has about 10% of the instruments we have seen and recommended for sifting. It has agreed all the recommendations—I am not complaining about that—but I wish to address a point which was raised with me this morning by Friends of the Earth. While I have been sitting in the Room, I have realised that exchanges have taken place between Defra and Secondary Legislation Scrutiny Committee officials. I want to put on record that Friends of the Earth have sent a note about several matters, including incoherent amendments and drafting errors.

In relation to the Import of and Trade in Animals and Animal Products (Amendment etc.) (EU Exit) Regulations 2019, the Friends of the Earth note states:

“Regulation 50 … amends the Commission Regulation 2018/659. Regulation 50(13) of the 2019 Regulations omits Article 12(2) of the 2018 Commission Regulation which requires that when checks on live horses coming into the UK return inconclusive, they should be subject to a definitive testing for African Horse Sickness and a list of other diseases listed in Article 11(1) which is retained”.

To cut a long story short, Article 12(2) is omitted and not replaced and there is no mention of it in the Explanatory Memorandum. Is this the case?