§ Mr. PatersonTo ask the Secretary of State for Environment, Food and Rural Affairs whether she has established the penalties that will apply from the failure of the UK fully to(a) implement and (b) enforce the Animal By-Products Regulations. [158747]
§ Mr. BradshawThe UK has provided for the administration and enforcement of the EU Animal By-Products Regulation (EC) No. 1774/2002 by the Animal By-Products Regulations 2003. These came into force in England on 1 July 2003, in Scotland on 1 October 2003, in Wales on 31 October 2003 and on 3 December 2003 in Northern Ireland.
Had any part of the UK failed to observe our EU obligations, this could have led to enforcement action being taken by the European Commission in the European Court of Justice (ECJ). If a Member State fails to take the necessary measures to comply with the judgment of the European Court of Justice within the time limit specified, the Member State may incur either a lump sum penalty or a daily penalty payment. The penalty payment would be based on a uniform flat rate amount, multiplied by two coefficients, one reflecting the seriousness of the infringement, and the other the duration. This would then be multiplied by a factor reflecting the ability to pay and the number of votes the UK has in Council.
§ Mr. PatersonTo ask the Secretary of State for Environment, Food and Rural Affairs what discretion she has under European Union law to delay full(a) implementation and (b) enforcement of the Animal By-Products Regulations. [158748]
§ Mr. BradshawAs the EU Animal By-Products Regulation (EC 1774/2002) is directly applicable in all Member States, no discretion is available to delay either the implementation or the enforcement of the Regulation. However, where possible the UK secured transitional measures where it was clear that sectors of industry needed further time to comply with the requirements of the Regulation.