Explanatory Memorandum to The Spring Traps Approval (Wales) Order 2012
This Explanatory Memorandum has been prepared by the Natural Environment & Agriculture Team within the Environment and Sustainable Development Department and is laid before the National Assembly for Wales in conjunction with the above subordinate legislation and in accordance with Standing Order 27.1.
Minister’s Declaration
In my view, this Explanatory Memorandum gives a fair and reasonable view of the expected impact of The Spring Traps Approval (Wales) Order 2012
John Griffiths
Minister for Environment and Sustainable Development
21 November 2012
The Spring
Traps Approval (Wales) Order 2012 will allow for the use of certain types of
spring traps for the control of named pests.
There are no matters of special interest to the Constitutional and Legislative Affairs Committee.
Section 8 of
the Pests Act 1954 makes it a criminal offence for any person to
use a trap for the taking or killing of animals unless that trap is
approved by Order.
of the Minister.
The making of the Order is subject to annulment (the
negative resolution procedure).
The use of spring traps allows land managers or their agents
to control certain pests on their land. The types of traps that may
be used have to meet certain criteria to ensure that no unnecessary
suffering is caused to the target animal, and are then approved by
Order of the Minister. These are
published in the relevant Spring Traps Approval Order.
The list of approved spring traps was last reviewed in 2010, and since then a number of other traps have been identified as suitable for pest control purposes and for inclusion in the legislation. It is necessary to update the existing legislation to allow these traps to be used and sold in Wales.
Consultation on this proposal was not conducted; however the Welsh Government did notifythe European Commission of its intention to make the Order in accordance with the Technical Standards & Regulations Directive 98/34/EC. The other Administrations in the United Kingdom have similarly notified updated approvals orders in recent months. Such notifications are published on the internet by the European Commission for three months, during which time representations can be made regarding the proposed legislation.
In considering the draft Order, the European Commission’s (and other Member States’) focus will be to assess whether Wales is unlawfully restricting access to the market in Wales of spring traps that are manufactured or sold elsewhere in the European Union.
6. Regulatory Impact Assessment (RIA)
A Regulatory Impact Assessment has not been completed for this Order as it has no impacts on the cost to business.