THE FISHERY PRODUCTS (OFFICIAL CONTROLS CHARGES) (WALES) REGULATIONS 2006

Transcription

1 REGULATORY APPRAISAL FOOD, WALES THE FISHERY PRODUCTS (OFFICIAL CONTROLS CHARGES) (WALES) REGULATIONS 2006 Background 1. Provisions for the financing of official controls, including those relating to hygiene inspection charges under Regulation (EC) 882/2004 on Official Feed and Food Controls (The Official Feed and Food Controls (Wales) Regulations 2006 (SI 2006 No.590 (W.66)) (OFFC Regulations)), which will apply across the EU from 1 January 2007, will revoke the EU legislative base for the current fishery products hygiene charging regime (Council Directive 85/73/EEC). The purpose of the EU Regulation, in setting out the charging provisions for hygiene inspections, is to require contributions to the costs of enforcement authorities in sampling and testing direct landings of fishery products to ensure that they meet the hygiene standards set down in EU legislation. Such products may enter Wales without being subject to controls at point of entry and these checks are, therefore, necessary to monitor such fishery products to ensure they meet EU hygiene standards and are fit for human consumption. Purpose and intended effect of the measure 2. These Regulations will introduce national measures effective from 1 January 2007 to amend the legal basis for the financing of official controls for hygiene inspections relating to direct landings into Wales of fishery products. They provide for Local Food Authorities to recover a contribution towards the costs of carrying out hygiene inspection charges in respect of fish and fishery products caught in their natural environment and landed directly in Wales from: Member States; EEA States other than Member States; Greenland; and Third countries. 3. In accordance with the transitional arrangements in the OFFC Regulations, the proposed SI maintains the rates for the relevant inspection until January This is because the Council Directive on which they are based, Directive 85/73/EEC, as last amended by Directive 96/43, (the Charging Directive), will be superseded by the OFFC Regulations from that date. The OFFC Regulations nevertheless allow the current charging arrangements to continue until 1 January 2008 and this Instrument has that effect. 4. Similar legislation will come into force in Scotland, England and Northern Ireland on the same date. 1

2 Risk Assessment 5. It is a requirement of The Official Feed and Food Controls (Wales) Regulations 2006 (OFFC Regulations) that Member States ensure collection of fees or charges to cover the cost of official controls, including those for hygiene inspections for direct landings of fishery products, therefore, failure to make this legislation would constitute a breach of EU law. In addition, failure to make the legislation would put an increased financial burden on the Local Food Authorities as they would have no legal basis for continuing to charge, which may in turn lead to an increase in occurrences of food-borne diseases due to unfit products being allowed to enter the human food chain. Options 6. In respect of this legislation, the Do Nothing" option is not an option, as it would ultimately lead to infraction proceedings against the National Assembly for Wales by the European Commission. Therefore, the Make the Legislation option, to implement the changes required to comply with European legislation, is being recommended. Benefits 7. This Legislation seeks to maintain, until January 2008 the charges set out in Directive 85/73/EEC to allow Local Food Authorities to continue to levy charges to contribute towards the cost of Hygiene Inspections in respect of fish and fishery products landed directly in Wales from: Member States ; EEA States other than Member States; Greenland and Third countries, thereby ensuring that such products are suitable to enter the human food chain. Costs 8. These Regulations will seek to maintain the status quo by allowing Local Food Authorities to continue to levy charges to contribute towards the cost of Hygiene Inspections of fish and fishery products caught in their natural environment and landed directly in Wales. Failure to make the legislation would put an increased financial burden on the Local Food Authorities as they would have no legal basis for continuing to charge. There are no other financial implications for the Welsh Assembly Government or any other body. Consultation UWith StakeholdersU 9. A stakeholder consultation took place across the United Kingdom between 31 July 2006 and 27 October 2006 (A shortened consultation period of 8 weeks (21 August 2006 to 16 October 2006) was agreed by the Minister for Health and Social Services in Wales under Reference SF/BG/0217/06 on 8 August 2006). Over 200 interested parties, including all Local Food Authorities in Wales responsible for executing and enforcing the charging provisions, were consulted by mail on the draft Regulations. Other Government Departments, industry and voluntary organisations were also included in the consultation. A list of consultees is attached at Annex A. 10. A total of 5 responses were received with no objection to the proposals. None of the responses were from Welsh stakeholders. The majority of the responses 2

3 were requests for clarification on particular aspects of the draft Instrument. A summary of the responses may be found at: HTUwww.food.gov.ukUTH 11. The Food Standards Agency (FSA) also held meetings with representatives from the fishing industry prior to, and during the consultation period to explain the reason for introducing a new national Instrument and clarify certain aspects of the requirements in relation to the transitional derogation in The Official Feed and Food Controls (Wales) Regulations 2006 (OFFC Regulations). UWith Subject Committee 12. These Regulations were notified to the Health and Social Services Committee, via the list of forthcoming legislation, on 11 May 2006 (HSS(2) (p.2b), item no: FSA 13 (06)) and have remained on the list ever since. The Regulations were not identified for detailed scrutiny. These Regulations deal with Food Hygiene Issues. 13. The Regulations were also notified to the Environment, Planning and Countryside Committee, via their list of forthcoming legislation, on 15 November 2006 (EPC(2)-15-06(p.04) Annex 2, item no: 40). The Regulations were not identified for detailed scrutiny. 14. The Minister for Health and Social Services wrote to the Chair of the Local Government and Public Services Committee on 24 October 2006 advising that the Regulations would shortly come before the National Assembly for Wales for consideration. Review 15. This legislation is intended to come into force on 1 January Since the legislation maintains the current rates for charging and must in any case be modified or replaced on or before 1 January2008, there are no proposals to monitor or review this legislation. Summary 16. The purpose of the OFFC Regulations in setting out the charging provisions for hygiene inspections is to provide for contributions to the costs of enforcement authorities in sampling and testing direct landings of certain fishery products to ensure they meet the hygiene standards set down in EU legislation. Such products may enter Wales without being subject to controls at point of entry and these requirements are, therefore, necessary to monitor such fishery products to ensure they meet EU hygiene standards and are fit for human consumption. 3

4 ANNEX A STAKEHOLDERS DISTRIBUTION LIST FOR PUBLIC CONSULTATION: THE DRAFT FISHERY PRODUCTS (HYGIENE CHARGES) (WALES) REGULATIONS 2006 ENGLAND Allerdale Borough Council Associated British Ports Association of British Salted Fish Curers and Exporters, C/o Cawood (Fishcurers) Ltd Association of Fish Canners Association of Port Health Authorities Association Sea Fisheries Committee Babergh District Council Barrow-in-Furness Borough Council Bigfoot The Communications Powerhouse Billingsgate Market Birlington Trawlermens Association Birmingham City Council Bournemouth Borough Council British Frozen Food Federation British Ports British Retail Consortium British Trout Association Brixham Trawler Agents Ltd Burnham Oyster Calshot Oyster Fishermen Ltd Canterbury City Council Chichester District Council Chilled Food Association Clovelly Fishermen s Association Colchester Borough Council Consumers in the European Community Group (UK) Consumers Association Copeland Borough Council Cornish Fish Producers Organisation Ltd Cornwall Inshore Fishermens Federation Corporation of London Crab Processors Association Dart Estuary Environmental Management David Hope Transport Ltd Department of Agriculture & Fisheries Department of Agriculture, Fisheries and Forestry Devon Sea Fisheries Committee Dover District Council East Devon Fishermen s Association Eastern Sea Fisheries Committee EC and International Commitments, Environment Agency Environmental Health and Trading Standards Service Exe Trawlermen s Association Falmouth & Truro Port Health Authority Farnham Borough Council Federation of British Port Wholesale Fish Merchants Association Fenland District Council 4

5 Fish Hygiene Inspection Fishermens Federation Northumberland Fleetwood Fish Producers Organisation Ltd Fintshire County Council Folkstone Fishermens Association Food and Drink Federation Food from Britain Fowey Port Health Authority Gala Ingredients Ltd Gosport Borough Council Great Yarmouth Mediterranean Herring Exporters Association Grimsby Fish Dock Enterprises Ltd Grimsby Fish Merchantts Association Grimsby Fish Producers Organisation Ltd Grimsby Fishing Vessel Owners Association Grimsby Seiner s Association Ltd Harwick Fisherman s Association Havant Borough Council Heiploeg & Lynn Shrimpers Ltd Hotel Catering and Institutional Management Association Hull Fish Merchant s Protection Association Icebrit Ltd Independent Food Retailers Confederation Institute of Fisheries Management Institute of Grocery Distribution Institute of Refrigeration Integrin Advanced Biosystems Isle of Man Fishermen s Association Isle of Man Government Kershaws Quality Foods King s Lynn and West Norfolk Borough Council Lacors Lancaster City Council Leeds and District Fish Fryers Association Lewes District Council Limosa Farms Ltd Local Government Association London Port Health Authority Kent London Port Health Authority- Essex Lowestoft Fish Producers Organisation Lowestoft Trawl Fish Merchants Association Ltd Maldon District Council Marpeche Seafoods Limited Marr Foods Ltd National Association of British Market Authorities National Climatic Data Centre National Consumer Council National Council of Women National Farmers Union National Federation of Fish Friers Ltd National Federation of Fisherman s Organisation National Federation of Fishmongers Ltd National Federation of Inland Wholesale Fish Merchants National Federation of Women s Institutes New Forest District Council Newton Ferrers North Coast Biotoxin Program North Devon District Council North East Shellfish Liaison Group North Easten Sea Fisheries Committee North Norfolk District Council Penwith District Council Plymouth City Council Plymouth Trawler Owners Association 5

6 Poole Borough Port of Tyne Authority Port of Tyne Authority Advisory Committee for the Fishing Portsmouth City Council Portsmouth Council Prepared Fish Products Association Princes Provision Trade Federation Public Health Laboratory Service - Bolton Public Health Laboratory Services Quest Holdings Ltd Retail Consortium River Blyth Port Health Authority River Exe Shellfish Farms Ltd Salmon and Trout Association School of Marine Science and Technology Sea Food Industry Seafood Processors Association Seed Crushers and Oil Producers Association Sefton Borough Council Shellfish Association of Great Britain Shetland Fish Producers Organisation Ltd Shetland Salmon Farmers Association South Devon & Channel Shellfishermen Ltd South Hams District Council South Lakeland District Council South West Fish Merchants and Processors Federation South Western Fish Buyers and Processors Association South Western Fish Producers Organisation Ltd Stanswood Bay Oystermen Ltd Suffolk Coastal District Council Sussex Sea Fisheries Committee Sustain The Alliance for Better Food and Farming Swindon Borough Council Teign Fishermen and Watermen s Association Teignbridge District Council Tendring District Council Thames Shellfish Liaison Group London PHA Thanet District Council The Chartered Institute of Environmental Health The Chartered Institute of Environmental Health- Fowey The Cold Storage and Distribution Federation The Environment agency The Environment Health - Weymouth The Isle of Wight The North East Lincolnshire The Society of Food Hygiene Technology The Vinegar Brewers' Federation Torridge District Council Trade Union Congress Transport and General Workers Union UK Association of Fishmeal Manufacturers UK Association of Frozen Food Producers UK Association of Frozen Food Producers West Lancashire District Council UK Fish Canners United Fishermens Association United Kingdom Agricultural Supply Trade Association Ltd Waveney District West-Norfolk Borough Council Wildlife and Countryside Link Wirral Borough Council Wyre Borough Council 6

7 Yorkshire and Anglia Fish Producers Organisation WALES Association of Public Analysts, Analytical Services (South Wales) Carmarthenshire County Council Ceredigion County Council CIEH Cymru-Wales City and County of Swansea Conwy County Borough Council Conwy Mussel Fishermen s Association Development Co-ordinator Director of Port Health Services Environment Agency Wales Flintshire County Gwynedd Council Isle of Anglesey County Council LACORS Welsh Officer North Wales and Deeside Shellfish Liaison Group Northen Section Welsh Fishermen s Association Pembrokeshire County Council South West Wales Shellfish Liaison Group Wales and West Coast Fish Producers Organisation Ltd Welsh Consumer Council Welsh Local Government Association West Wales Shellfish Liaison Group DEFRA Pansy Barrett FISH II, Defra Colin Penny FISH 111, Defra Julian Roberts SFI, Defra (+ 8 copies for DIs) Alister Mcdonnell SFI, Defra David Mullin FISH Defra CEFAS Eric Hudson Ron Lee Andy Younger CEFAS, Weymouth CEFAS, Weymouth CEFAS, Weymouth OTHERS English Nature: Mr D Laffoley Environment Agency Head Office: Dr P Bird Fisheries Consultant: Adviser & Liaison Services: Mr T W Plumb EU Commission: Mr P. Caricato Republic of Ireland FSA: Mr J Lyons 7