§ Mr. Morley
The carcases, or parts of carcases, of wild animals, including deer, badgers and foxes, will be exempt from the scope of the Regulation unless they are thought to be diseased or are used to produce game trophies. Householders are advised to contact their local authority for advice on appropriate disposal methods.
However, in some parts of the country (Cornwall, Devon, Dorset, Gloucestershire, Herefordshire, Worcestershire and Shropshire) badgers may be infected with TB. In these areas, householders are advised to contact their local Animal Health Office who may wish to test the carcase for TB.
§ Mr. Beith
To ask the Secretary of State for. Environment, Food and Rural Affairs (1) if she will list the EU countries which(a) have classified shellfish waste as animal waste for the purposes of the Animal By-Products Regulation and (b) have obtained derogations exempting shellfish or fish producers in remote areas from the regulation; 
(2) when she decided that fish and shellfish waste should be treated as covered by the EU Animal By-Products Regulation; when this decision was communicated to the fish and shellfish processing industries; and if she will list the bodies or companies in those industries who were consulted by the Department on this issue; 
(3) if she will make transitional provisions to enable shellfish producers to find alternative means to landfill of disposing of shellfish waste after 1May. 
§ Mr. Morley
[holding answer 14 April 2003]: Council Directive 90/667/EEC (the Animal Waste Directive) already classifies shellfish and fish waste as an animal by-product and applies to all member States. The Directive will be replaced by Regulation 1774/2002 (the Animal By-Products Regulation) which maintains the same principle. The Sea Fish Industry Authority was consulted during negotiations on the Regulation and a number of other fish and shellfish industries were sent the consultation document of 27 January 2003 on enforcing the Regulation. The consultation document and list of consultees can be found at http://defraweb/corporate/consult/euanimbyprod/conslist.htm. As landfill is not currently a permitted disposal route for most shellfish waste, we have not asked the Commission for a transition period to allow that practice to continue. We do not know whether, or how, other member States intend to apply the derogation permitting the burial or burning of animal by-products in remote areas. However, in the UK it is likely to be limited to parts of the Highlands and the Islands of Scotland.23W
§ Mr. Hayes
To ask the Secretary of State for Environment, Food and Rural Affairs (1) if she will make a statement on the obligations on property owners for the disposal of carcases from their land which are of animals that are(a) wild and (b) owned by another; 
(2) if she will make a statement on the obligations of property owners for the disposal of animals deceased in their burrows. 
§ Mr. Morley
The carcases, or party of carcases, of wild animals will be exempt from the scope of the Animal By-Products Regulation unless they are thought to be diseased or are used to produce game trophies. Although the regulation places them under no legal obligation, owners of property on which there are dead wild animals are advised to contact their local authority for advice on appropriate disposal methods.
However, in some parts of the country, (Cornwall, Devon, Dorset, Gloucestershire, Herefordshire, Worcestershire and Shropshire), badgers may be infected with TB. In these areas, householders are advised to contact their local animal health office who may wish to test the carcase for TB.
Where an animal carcase is found on private land and ownership of the animal is known, then the owner of the animal will be held responsible and must dispose of the carcase appropriately. However, if ownership cannot be proven, responsibility for disposal rests with the landowner. The local authority, usually Trading Standards, has powers under the statutory nuisance provisions of the Environmental Protection Act 1990 to deal with "accumulations or deposits which are prejudicial to health or a nuisance". Appropriate action can subsequently be taken against the owner of the carcase.
§ Mr. Hayes
To ask the Secretary of State for Environment, Food and Rural Affairs (1) what cost-benefit assessment she has undertaken on the new arrangements for farm carcase disposal; and if she will deposit it in the Library; 
(2) what assessment she has made of costs incurred by industry from new measures for the disposal of carcases; what additional financial assistance will be made available; and if she will make a statement. 
§ Mr. Morley
A regulatory impact assessment has been prepared as part of the consultation procedures for implementation of the Animal By-Products Regulation, of which the ban on on-farm burial of fallen stock forms a part. The costs for any individual farmers will depend on the location of the farm and the kind of stock kept.
Copies of the assessment will be deposited in the Library. In addition, these documents are available on the Defra website at the following address: http://www.defra.gov.uk/corporate/consult/euanimbyprod/index.htm
No funds have been made to the livestock industry to help them meet the costs of complying with the EU Animal By-Products Regulation. However, Government are willing to contribute to the establishment of a national fallen stock collection scheme provided that part of the costs are met by farmers themselves. We will shortly be writing to all 24W livestock farmers to invite them to join a voluntary subscription scheme to help finance a national fallen stock collection system. If there is sufficient interest, we will take this forward in partnership with the collection and disposal industries. Government will contribute to the funding, but the amount cannot yet be determined, as it will be linked to membership.
§ Mr. Hayes
To ask the Secretary of State for Environment, Food and Rural Affairs (1) if she will make a statement on the(a) estimated current and (b) future levels of fly-tipping of animal carcasses with reference to new regulations on carcass disposal; what powers there are to discourage such; what additional powers are planned; and what assessment of increased risk to health from a consequential increase in such activity has been made; 
(2) whether she has undertaken a health assessment of the impact of fallen stock lying in water: and if she will make a statement. 
§ Mr. Morley
Local authorities will enforce the EU Animal By-Products Regulation. The local authority, usually Trading Standards, has powers under the statutory nuisance provisions of the Environmental Protection Act 1990 to deal with "accumulations or deposits which are prejudicial to health or a nuisance". Appropriate action can subsequently be taken against the owner of the carcase. Animal by-products legislation already controls the collection, storage, transportation and disposal of animal by-products, including fallen stock. It also requires records to be kept of any off-site consignment of animal by-products to assist in the auditing and traceability of this material. In addition, there will be a record keeping requirement to ensure that all animals which die on-farm are accounted for and disposed of through permitted routes.
The Department does not have information on either current or future levels of animal carcase fly-tipping. To obtain this information would involve my Department in disproportionate costs.
No formal health assessments have been undertaken by my Department on the disposal of fallen stock after the Regulation comes into effect. However, the Regulation is based on a number of opinions from the EU Scientific Steering Committee (SSC). Among other things, the Committee advised that the routine burial of animals should be prohibited except in exceptional circumstances (e.g. in remote areas and emergency situations).