Exiting the European Union (Agriculture) — House of Commons, 2019-02-20
Topic: Agriculture
Charles George Eustice (Conservative, Centre-right): My hon. Friend makes an important point. That is why the regulations were referred by the sifting Committee for debate. There is already a power in the existing regulations for authorities to make charges for that testing. All we sought to do in drafting was retain that ability. Broadly speaking, the testing we do here in the UK is run by the Health and Safety Executive at our facility in Buxton and it tends to be a commercial choice for the fertiliser companies whether to use that or to use an alternative at their own cost. There is not really a cost recovery mechanism that is deployed beyond that; it is simply based on research done by the companies. We have clarified and made a change to the drafting of the regulation to be clear that we simply seek to retain the existing abilities to charge rather than to create new ones. Continuity of supply is ensured by a transitional period for imports from the EU, which provides 99% of imported ammonium nitrate to the UK. That allows the continuation of current rules on the time limit for detonation resistance tests and the ability to recognise EU laboratory test certificates. These arrangements give manufacturers time to prepare for compliance with the import rules post exit and reduce any burdens on UK laboratories immediately after exit The definition of what constitutes a "batch" of ammonium nitrate differs depending on whether the import comes from the EU or elsewhere. We have taken a view on that regarding when the quantity of material manufactured without alteration of composition or characteristics is longer than 92 days. We will therefore retain the EU definition of "batch" The instrument was previously presented to the sifting Committee on 1 November 2018 as one that should be subject to the negative procedure. As I explained to my hon. Friend the Member for York Outer (Julian Sturdy), the sifting Committee did not agree. It considered that the effect of one regulation was to allow Ministers to charge fees. In addition, it considered that the instrument conferred powers to legislate. It therefore recommended that this instrument be debated in Parliament. The instrument has been amended since it was presented to the sifting Committee to reflect certain recommendations in the Committee’s report. For example, the provisions that the Committee considered to confer powers to legislate have been redrafted to make it clear that they do not contain new legislative functions In general, fertiliser policy, as with other agriculture policy, is devolved. The devolved Administrations were closely engaged in developing these regulations, which apply to the same geographical area as the original legislation that they amend. All Administrations have agreed to maintain a single common framework for fertilisers labelled as UK fertilisers, while continuing their own domestic framework. That will make the marketing of fertilisers much clearer for industry, and is a good example of how well the four Administrations work together towards a common goal The instrument relates to the maintenance of existing regulatory standards, with no significant impacts or new administrative or economic burdens on business or other stakeholders. Although there was no statutory requirement to consult on the instrument, officials have held discussions with key stakeholders, including the fertiliser manufacturers’ representative body, which is the Agricultural Industries Confederation, and the farmers’ representative body—obviously, the National Farmers Union. Their main concerns have been addressed by allowing for a transitional period for existing rules and compliance with the amended rules In conclusion, the changes to the rules on ammonium nitrate have been developed in conjunction with the HSE and the Home Office, to ensure that safety and security elements are maintained. This package of measures is essential to ensure that retained EU law continues to operate effectively in the UK once we leave the EU. I commend the regulations to the House.