REGULATORY IMPACT ASSESSMENT
1. Title of the regulatory proposal
1.1 The Charges for Residues Surveillance Regulations (Northern Ireland)
2. Purpose and intended effect
2.1.1 These Regulations will implement the financial provisions of Regulation
(EC) No. 882/2004 of the European Parliament and of the Council (official
controls performed to ensure the verification of compliance with feed and food
law, animal health and animal welfare rules) relating to the activities covered
by Council Directive 96/23 (measures to monitor certain substances and
residues thereof in live animals and animal products).
2.2.1. Council Directive 96/23 requires Member States to carry out
surveillance for residues of veterinary medicines and other substances in a
specified proportion of national throughput. This requirement is implemented
in the UK via the National Residues Control Plan (NRCP), which is drawn up
in annual plans covering the cattle, sheep, pig, poultry, egg, and milk sectors.
Each year, over 30,000 samples are collected in the UK under the NRCP, the
majority of which come from the cattle, sheep, pig and poultry sectors (95%).
In Northern Ireland, approximately 4,600 NRCP samples are collected
annually (4652 in 2008) at a cost of around £550k.
Funding the NRCP – Council Regulation 882/2004
2.2.2. Council Regulation 882/2004 obliges Member States to collect fees to
cover the costs of the NRCP. Although a minimum charge for most species is
included in the Council Regulation (e.g. 5 Euros for adult bovines), Member
States may charge actual costs where these are lower than the minimum
charge. Actual costs in GB are below the minimum rates quoted in the Council
Regulation and therefore GB charge actual costs. The position in Northern
Ireland is similar and therefore we should be charging actual costs.
Current charging arrangements in the Northern Ireland
2.2.3. In Northern Ireland, NRCP residues charges are currently levied under
the Meat (Examination for Residues) (Charges) Regulations (Northern
Ireland) 2005, which implement the original Charging Directive 85/73. This
current legislation requires that only red meat slaughter plants are charged for
NRCP work. Charges are set at 1.35 Euros per tonne of meat; the tonnage is
calculated from the number of animals slaughtered at the plant during the
month. Northern Ireland NRCP residues income is around £250k per year,
which is £300k below the actual cost of the Scheme.
2.2.4. The Charges for Residues Surveillance Regulations (Northern Ireland)
2009, is the Statutory Rule (S.R.) which will transpose the relevant provisions
of Regulations 882/2004 into Northern Ireland legislation.
2.2.5 The S.R. will focus on the following areas:
Liability and recovery of charges for the NRCP.
Rules regarding the provision of information to the Department.
Setting offences and penalties.
Detailing residues surveillance charges by species / animal product
3.1 When EU Council Regulations are agreed, Member States are obliged
to transpose them into Member State law. The transposition should ensure
that the necessary framework is provided to achieve full compliance with the
Regulations. The compelling argument is therefore for option 2 below.
However, for the sake of balance this RIA also considers the possibility of a
“do nothing” option.
Option 1 Do nothing, i.e. do not introduce the Charges for
Residues Surveillance Regulations (Northern Ireland) 2009. This would
mean that the EU Regulation could not be applied to Northern Ireland
because the necessary legal powers would not be available.
Option 2 Ensure that the legal framework for full compliance is in
place, i.e. adopt the S.R. which will ensure NI will fulfil its obligations
under the EU law.
4.1 Option 1 – Do nothing
4.1.1 There are no benefits. EU regulations are directly applicable in
Member States and non-compliance or under-implementation would be in
breach of Community obligations. Failure to apply the Regulations could lead
to infraction proceedings or other challenges by the Commission against the
4.2 Option 2 – Adopt the S.R.
4.2.1 This is the only realistic option to ensure that Northern Ireland will fulfil
its obligations under EU law.
5. Business Sector affected
5.1 The Regulations will affect businesses in the cattle, sheep, pig, poultry,
milk, and egg sectors.
6. Other Impact Assessments
6.1 The S.R. will enable Northern Ireland to fulfil its legal commitments in
relation to the implementation of European law. There are no implications in
respect of equality and fairness.
6.2 The S.R. will not have any impact on economic, social or environmental
7.1 Compliance costs
Option 1 – Do nothing
7.1.1 Failure by DARD to implement these Regulations may incur infraction
proceedings and could lead to costs for the UK.
Option 2 – Adopt the S.R.
7.1.2 The S.R. will impose additional charges on the cattle and sheep
sectors; reduce charges in the pig sector, and introduce new charges in the
poultry egg and milk sectors. Annex 1 details the likely cost impact on
8. Enforcement and Sanctions
8.1 Enforcement will be carried out by DARD.
8.2 Those who do not comply with the Regulations shall be liable on
summary conviction to a fine not exceeding level 5 on the standard scale.
Government debt recovery procedures will be followed in cases of non-
payment of fees.
9. Monitoring and Review
9.1 The effectiveness of the S.R. will be monitored as part of the on-going
10.1 This partial RIA will form part of the DARD’s formal consultation
process with key stakeholders on the implications of the S.R.
11. Summary and Recommendation
11.1 The introduction of this S.R. will fulfil our Community obligations, ensure
that legislative parity is maintained throughout the UK and will avoid infraction
proceedings by the Commission for non-implementation of EU law.
11.2 In view of the above, it is recommended that the S.R. is introduced into
Northern Ireland law.
12.1 I have read the Regulatory Impact Assessment and I am satisfied that
the benefits justify the costs.
Michelle Gildernew, MP MLA, Department of Agriculture and Rural
13. Contact point
Jill Garrett at the Department of Agriculture and Rural Development’
Tel: 02890 524 496 or e-mail: firstname.lastname@example.org can answer any
queries regarding the Rule.
National Residues Control Plan Comparison 2009/10 – Likely Cost Impact on Industry Annex 1
2009 CHARGES 2010 CHARGES (PROPOSED)
Industry Annual Slaughter/ Tonnage Rate/Tonne Total Annual Slaughter/ Tonnage Rates (£) Total
Sector Production (£) Residues Production Residues
(Range) Charge (£) (Range) Charge (£)
Bovine 10,000 3271.9 1.0957275 3585.11 10,000 n/a 0.5512 p/head 5512
50,000 16359.5 1.0957275 17925.55 50,000 n/a 0.5512 p/head 27560
75,000 24539.25 1.0957275 26888.33 75,000 n/a 0.5512 p/head 41340
Sheep/Goats 100,000 2175 1.0957275 2383.21 100,000 n/a 0.0450 p/head 4500
150,000 3262.5 1.0957275 3574.81 150,000 n/a 0.0450 p/head 6750
200,000 4350 1.0957275 4766.41 200,000 n/a 0.0450 p/head 9000
Porcine 100,000 7990 1.0957275 8754.86 100,000 n/a 0.0349 p/head 3490
200,000 15980 1.0957275 17509.73 200,000 n/a 0.0349 p/head 6980
1,000,000 79900 1.0957275 87549.63 1,000,000 n/a 0.0349 p/head 34900
Poultry* n/a n/a n/a n/a 1,000,000 1270 0.7489 p/tonne 951.10
5,000,000 6350 0.7489 p/tonne 4755.52
30,000,000 38100 0.7489 p/tonne 28533.09
60,000,000 76200 0.7489 p/tonne 57066.18
Eggs* n/a n/a n/a n/a 50,000 cases n/a 0.0246 p/case 1230
150,000 cases n/a 0.0246 p/case 3690
300,000 cases n/a 0.0246 p/case 7380
500,000 cases n/a 0.0246 p/case 12300
Milk* n/a n/a n/a n/a 10,000,000 ltrs n/a 0.0307 p/1000ltrs 307
150,000,000 ltrs n/a 0.0307 p/1000ltrs 4605
500,000,000 ltrs n/a 0.0307 p/1000ltrs 15350
750,000,000 ltrs n/a 0.0307 p/1000ltrs 23025
*There is currently no charge for residues testing for poultry, eggs, or milk. Under the new Regulations, full cost recovery will be introduced in