Consultation on Implementation of EU Legislation in England and Wales: Aquatic Animal Health Directive
Defra
Aquatic Animal health Core team
Area 108
1a Page Street
London SW1P 4PQ
17 December 2007
Dear Consultee
Consultation on Implementation of EU Legislation in England and Wales: Aquatic Animal Health Directive
I am writing on behalf of the English and Welsh Administrations to invite views on implementation of this Directive in England and Wales. We would be very grateful for your comments.
The following documents may be found on Defra’s website:
www.defra.gov.uk/corporate/consult/aquatic-ah/
- Interpretation, Obligations and Proposals for Implementing Directive 2006/88;
- Directive 2006/88 on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of serious diseases; and Corrigendum;
- Consultation Impact Assessment;
- List of Consultees.
Responses
Please send responses to either:
By post to:
Hanna Sierzputowska
Defra
1a Page Street
London SW1P 4PQ or:
e-mail: fishhealth@defra.gsi.gov.uk
Welsh Assembly Government: FisheriesMailbox@Wales.gsi.gov.uk
Responses should be received by Friday 7 March 2008.
Why Are We Consulting?
All Member States of the European Union and some members of the European Economic Area including Norway, are required to put regulations in place to implement this directive by May 2008 and to bring them into force by August 2008.
Some of the provisions are clearly obligatory and Member States must adopt them. Other areas provide flexibility and choices for the individual governments to make within the overall framework of the directive.
This consultation asks you to comment, in particular on our interpretation and proposals for implementation. Your response will be vital in forming the final shape of implementation, including our legal provisions.
Implementation will also need to take account of the availability of funds.
Scope
The issues addressed are health, prevention and control of specified diseases, and emerging diseases in aquatic animals.
‘Aquatic animals’ here means fish, molluscs and crustaceans. It does not extend to any other animals.
The primary focus of the Directive is aquaculture. There are also important provisions relating to aquatic animals for angling, ornamental purposes, and in the wild. This is both to protect them in these environments and because of the interactions with aquaculture.
Compared with the current aquatic animal health regime, there are new obligations placed on both the private and government sectors and a broader range of businesses and people affected.
Aquatic animals caught for the purposes of production of fishmeal, fish feed, fish oil and similar products are explicitly outside the scope of the directive and of our proposals.
EU Background
The current EU legislation governing aquatic animal health has been in place for 15 years. In that time, aquaculture has evolved, the European Community has expanded and new disease threats have emerged. This new Directive, agreed in October 2006, builds on the successful elements of the old legislation, updating it to reflect the current needs and pressures.
The aim of the Directive is to raise standards of aquaculture health throughout the EU and contain the risk of serious disease, finding the right balance between freedom for enterprise and regulation to control pathogens.
Work is going on at EU-level at present to address implementation issues. The UK supports this work and is contributing. We recognise it is not ideal that the EU and UK implementation processes run in parallel, but this is dictated by the timetable.
Strategy
Our strategy remains, to protect our health status, prevent the introduction and spread of serious diseases, and facilitate trade in these animals and their products.
This fits with the Governments’ approaches in related areas as set out in, for example:
- Animal Health & Welfare Strategy for Great Britain (2004)
- Review of Salmon and Freshwater Fisheries in England & Wales – Governments’ Responses (2000 & 2001)
- Fisheries 2027 – a long-term vision for sustainable fisheries (England) (2007)
- Consultation Document on Welsh Fisheries Strategy (December 2007)
- Government consultations on responsibilities and cost-sharing for animal health & welfare (2006 and December 2007)
- Commission for the review of the regulatory framework for animal pathogens led by Sir Bill Callaghan (September 2007).
Our approach is built on the following principles, compatible with the directive:
- prevention is better than cure;
- burdens and costs – to the public and private sectors – must be proportionate;
- we need to find the right balance between control of pathogens and regulation;
- regulation and inspection must be based on a transparent assessment of disease risk;
- governments and industry need to work in partnership;
- governments and industry should be prepared to utilise as fully as possible the range of experts and expertise available to benefit aquaculture and aquatic animal health;
- the greatest risk of disease spread comes from contact between live fish;
- our top threat is the introduction of Gyrodactylus salaris given the risk to wild salmon stocks.
Relations with Other UK Administrations
The English and Welsh Administrations have worked very closely with Scottish and Northern Irish governments and have endeavoured with them to develop a common approach. We wish as far as possible to avoid additional certification burdens on trade within the UK. We also all recognise that we have shared obligations as a Member State within the EU. And we face some common challenges and risks to our aquatic animals’ health.
Scotland and NI will be making their own, comparable proposals. If you have comments specifically for them, please contact them directly.
Scotland: www.scotland.gov.uk/Topics/Fisheries
Northern Ireland: www.dardni.gov.uk/index/fisheries-farming-and-food/fisheries.htm
The proposals also aim to support the aquatic animal health objectives of the Channel Islands and the Isle of Man.
Stakeholder Discussions
This consultation follows frequent discussions with stakeholder organisations directly affected, both during the Directive negotiations and after its adoption. There has also been contact with a wider range of stakeholders.
One of the attached papers sets out what we see as the main obligations and proposals arising from this directive. We also ask some questions, hoping to be helpful. Please do not feel constrained though, and feel free to comment on any matter arising. The paper should be read along with the Directive itself.
Consultation Criteria
Please find the link to the Department for Business Enterprise and Regulatory Reform website which includes the Code of Practice on Consultations. www.cabinetoffice.gov.uk/regulation.aspx.
The criteria include:
- consult widely throughout the process, allowing a minimum of 12 weeks for written consultation at least once during the development of the policy;
- be clear about what your proposals are, who may be affected, what questions are being asked and the timescale for responses;
- ensure that your consultation is clear, concise and widely accessible;
- give feedback regarding the responses received and how the consultation process influenced the policy;
- monitor your department’s effectiveness at consultation , including through the use of the designated consultation co-ordinator;
- ensure your consultation follows better regulation best practice, including carrying out an Impact Assessment if appropriate.
In line with Defra’s policy of openness, at the end of the consultation period copies of the responses we receive will be made publicly available through the Defra Information Resource Centre, Lower Ground Floor, Ergon House, 17 Smith Square, London SW1P 3JR. The information they contain will also be published in a summary of responses.
If you do not consent to this, you must clearly request that your response be treated confidentially. Any confidentiality disclaimer generated by your IT system in e-mail responses will not be treated as such a request. You should also be aware that there may be circumstances in which Defra will be required to communicate information to third parties on request, in order to comply with its obligations under the Freedom of Information Act 2000 and the Environmental Information Regulations.
The library will supply copies of consultation responses to personal callers or in response to telephone or e-mail requests (tel: 020 7238 6575, email: defra.library@defra.gsi.gov.uk. Wherever possible, personal callers should give the library at least 24 hour notice of their requirements. An administrative charge will be made to cover photocopying and postage costs.
f you have any comments or complaints about the consultation process, as opposed to the content in the consultation paper, please address them to Marjorie Addo Defra’s Consultation Co-ordinator, Area 7C Nobel House, 17 Smith Square, London SW1P 3JR, or email consultation.coordinator@defra.gsi.gov.uk.
Thank you for your help.
Richard Drummond
Department for Environment, Food and Rural Affairs
Page published: 19 December 2007