PARLIAMENTARY DEBATE
UK Shellfish Exports - 8 February 2021 (Commons/Commons Chamber)
Debate Detail
Recently, concerns have emerged for our trade in live bivalve molluscs to the EU coming from UK class B production waters that have not been through purification or have not cleared testing. The European Commission has changed its position in recent weeks. It advised us in writing in September 2019 that the trade could continue. We shared the Commission’s view and worked with the industry on that basis, and that included explaining that for one small part of the industry—wild harvested molluscs from class B waters—there would need to be a pause while we awaited new export health certificates to become available in April, but that, in line with the guidance from the EU, trade in the molluscs from farms could continue uninterrupted.
We continue to believe that our interpretation of the law and the EU’s original interpretation is correct, that the trade should be able to continue for all relevant molluscs from April, and that there is no reason for a gap at all for molluscs from aquaculture. However, last week the Commission gave us sight of instructions that it sent to all member states on 3 February, stating that any imports into the EU from the UK of live bivalve molluscs for purification from class B waters, such as the sea around Wales and the south-west of England, are not permitted. Exports from class A waters, such as we find around parts of Scotland, may continue.
Bringing an end to this traditional and valuable trade is unacceptable, and I recognise that it is a devastating blow to the businesses that are reliant on the trade. While we do not agree at all with the Commission’s interpretation of the law, we have had to advise traders that their consignments may very well not be accepted at EU ports for now. I am seeking urgent resolution to this problem and have written to Commissioner Kyriakides today. I have emphasised our high shellfish health status and our systems of control. I have also said that if it would assist the trade, we could provide reasonable additional assurances to demonstrate shellfish health, but that this must also recognise the existing high standards and history of trade between us. It is in the EU’s interests to restore this trade. Many businesses in the EU had invested in depuration equipment and are configured around managing the export of molluscs from class B waters.
We have met the industry several times, and it is of course extremely concerned. We are working well with the Shellfish Association of Great Britain, which is taking up the issue in meetings with European counterparts. The molluscs affected include mussels, oysters, clams and cockles. In general, the scallop trade is less affected. Scallop exports may instead undergo pre-export testing, as was the case before exit. However, we know some businesses have not traditionally been working in that way, and we are discussing with them how we may help. The issue does not affect molluscs landed in Northern Ireland. It does, however, affect movements from GB to Northern Ireland.
I know that this issue will be of great concern to many exporters around the country. The Department for Environment, Food and Rural Affairs will continue the technical discussions with the European Commission, and I will update the House with any developments in due course.
The letter that the Secretary of State has published today is welcome, but it does not answer those questions. It refers to contact in September 2019, when the UK’s future trading agreement still was not clear. Many fleets are unable to sell their catches and exporters unable to ship and trade. What assessment has his Department made of how many businesses and employees are affected by the situation? What provision has his Department made to use some of the £23 million compensation fund that the Government recently announced to support the businesses who are unable to trade and how long will that support last? A multimillion pound industry has ground to a halt overnight. Jobs and communities are at risk. Unless this situation is resolved, the UK shellfish industry will not survive.
The hon. Lady asks what we wanted to have changed. The answer is that we do not really want anything to be changed. We simply want the European Union to abide by its existing laws. The export of molluscs is governed by the animal health regime, and falls under directive 2006/88/EC and regulation 1251/2008. The directive and regulation are clear that the export of bivalve live molluscs is indeed lawful.
The Commission now seems to be pointing to separate public health regulations, namely regulation 853/2004 and regulation 2019/628, and suggests that they are the reason for a prohibition on sale. Again, that is incorrect, because legislation is clear through article 12 of the Commission implementing regulation 2019/628, which makes it clear that it does not apply where the molluscs are exported to a depuration centre. That is because when they are sent to a depuration centre, they are not yet food for sale. Therefore, the reason given by the European Commission for this change in position is not consistent with the EU’s existing law. That is why we will continue to raise these issues with the Commission because under both the aquatic animal health regime and the public health regulations that the EU has cited, there is no legal justification for a bar on this trade.
Of course, there have been teething problems in these early stages, as people familiarise themselves with new paperwork—not just businesses, but border control post inspectors in France and in the Netherlands, who are also on quite a steep learning curve. They are getting better, and we are working with them to iron out difficulties: for instance, the French at one point said that everything needed to be in blue ink, but they now accept that that is not correct and is not what is required in law. We are working to iron out those difficulties, working with authorities in France, the Netherlands and Ireland to try to improve these processes, and of course we would be willing to have a discussion with the European Commission about how we might modernise some of the forms they have to make them more user-friendly.
My right hon. Friend is very familiar with the Filey fishing community, and lobster and crab are important markets for them. Food exporters of all types are currently finding it more difficult in instances to export to the EU than to non-EU countries and, as he said in his opening remarks, this seems to be a consistency problem related to a common understanding of the rules. Will he do whatever he can to build an agreement that deals with food and plant exports and resolves these issues as soon as possible?
The Government and the Secretary of State are right to do everything to unblock this. Shellfish is normally purified or processed in the EU before it is distributed to supermarkets, restaurants and bars. Surely a further course of action available to the Government is to urgently fund the setting up of the necessary processing plants in the UK and identify what other infrastructure investment is needed to satisfy and increase our export market. Will the Secretary of State support those investment priorities, including here in Newlyn?
My hon. Friend makes a very important point, which we will consider: if we are unable to unblock the current situation and get access to the EU for our undepurated shellfish, one of the options available to us is to support the industry in procuring the depuration equipment, so that it can be done here. We will be exploring that and other options.
“This certificate is to be used for the entry into the Union of consignments of live aquatic animals intended for all other aquaculture establishments including purification centres”.
So the status quo law the EU has does allow this trade to continue. That is the guidance that the EU gave us all along. It has changed its position. In the short term, our objective is to get the EU to abide by its own laws and legal processes here. Obviously, if it refuses to do so, or it decides to change its law to make things more difficult, we will consider what steps are necessary at that point to support industry.
“they are now British fish, and they are better and happier fish for it.”—[Official Report, 14 January 2021; Vol. 687, c. 510.]
The reality, however, is that our shellfish industry is on the verge of collapse and that, thanks to this Government, costly new red tape and bureaucracy are holding back British businesses and our economic recovery. Does the Secretary of State accept that no business, consumer or community should have to pay the price for this Government’s incompetence?
My right hon. Friend invites me to comment on why the EU might have done this. I am afraid I am not going to be drawn on that, since I do not know. We very much hope that on reflection the European Union will look at this again and realise that the judgment it has made on the legal position is wrong and that it can adjust it at this late stage.
“There’s still a huge amount of uncertainty. It feels like we’re scrabbling around in the dark”.
Does the Secretary of State think that suggesting that businesses “give it a go” is alleviating uncertainty for them or perpetuating their feeling of being lost in darkness?
I know that my right hon. Friend has tried his best, but the time has now come to show the EU that we will not surrender to its games over these shellfish exports. I call on him to start the necessary and frequent boardings on EU vessels in our exclusive economic zone to ensure that they comply with UK laws. If we disrupt their fishing activity, so be it, but we must show the fishing industry support and also provide details of the promised financial support without which our industry will not survive.
On my hon. Friend’s wider point about the approach we are taking to the European Union, in many, many areas we have taken a pragmatic, sensible, phased approach in the initial months, but there is no obligation on us to continue that. Indeed, as she points out, we want to see some reciprocation from the EU on the application of common sense and reasonableness. We reserve our position in all those other areas. Of course, it goes without saying that any EU vessels accessing UK waters will need to abide by UK law.
I thank my right hon. Friend for his work to resolve this matter. I reiterate that it is vital that the cash assistance reaches not only the affected shellfish exporters but the smallest boats on the Fal estuary, which are currently tied up and facing serious difficulties. What is my right hon. Friend’s assessment of the opinion of some in the industry that its French market was, in fact, intact and profitable, despite restaurants in France having been closed in November and December, but is now non-existent, which adds to the current issues?
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