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Annex A.1
DRAFT REGULATORY IMPACT ASSESSMENT - PROPOSED ADDITIONAL SHELLFISH WATER DESIGNATIONS
Purpose and intended effect of Direction
The purpose of this Direction to SEPA is to give legal effect to designations of additional shellfish waters. The intended effect of these designations is to ensure that the quality of the waters detailed in the Direction meet certain standards, as set by the SWD. Making these new designations will require SEPA to monitor these waters and to take action to ensure that these waters meet the mandatory standards of the SWD. SEPA must also endeavour to ensure that the waters meet the guideline standards set out in the Directive.
These new designations will contribute to improving and maintaining the quality of the shellfish that are harvested from these waters, protect the health of the people who consume them and thereby also assist the shellfish growing industry. Designation may also provide additional environmental benefits to local flora and fauna and other marine life, from cleaner water at these sites.
Risk Assessment
Shellfish concentrate pathogens from human sewage and other pollutants from industrial effluent from the waters that surround them in their flesh. This poses a risk to the health of people who consume shellfish, particularly if they are only lightly cooked or not cooked at all before they are eaten. The related SHD sets microbiological and other standards to be met in shellfish flesh before shellfish may be placed on the market. It also requires that, where microbiological contamination exceeds specified levels the shellfish are allowed to filter themselves in precisely controlled conditions before they are sold commercially. Hence the hygiene legislation provides a framework for the production of safe food.
However, purifying the shellfish creates an additional cost for the producer. The most sustainable way to protect the consumer and reduce the costs to the industry is to minimise the levels of the pollutants in the water in the first place. Designating the waters under the SWD will ensure that the quality of the waters will be maintained to the standards set in that Directive, and, incidentally, to those in the SHD. Designation will also ensure that, where necessary, the waters will be improved so as to meet the Directive's standards.
The Scottish Government expects that designating these specific waters will increase the percentage of the total value of commercially produced shellfish that are harvested from designated waters. Additional designations will contribute to the sustainability of the industry, and to consumer protection.
Options
The options are either to designate these additional waters or leave them unprotected. The designations will be made under the SWD and the legislation which transposes it in Scots Law, the Surface Waters (Shellfish) (Classification) (Scotland) Regulations 1997 and the Surface Waters (Shellfish) (Classification) (Scotland) Directions 2006. The Surface Waters (Shellfish)(Scotland) Directions 1997, which contain the guideline values of the SWD, are to be remade in the near future.
It should be noted that failing to designate waters in accordance with the Directive would result in action at the European Court of Justice, with the possibility of substantial fines being levied on the UK
Benefits
It is anticipated that the main benefits of this measure will come from a reduction in the costs associated with purifying commercially produced shellfish before marketing. There are also benefits to producers based on gaining an improved reputation and hence enhancing the marketability of their product. Those who also rely on the industry's products - fish marketers and restaurateurs etc. will also benefit from this. Ultimately however, those who eat either wild or commercially farmed shellfish from these areas will benefit from the additional health protection and quality assurance which result from producing shellfish in an environment which enjoys good water quality.
There may also be additional environmental and health benefits resulting from the cleaner sea water at these sites.
Quantity and value of benefits
Comment is invited on the value of the benefits of these particular designations.
Compliance costs for Business, Charities and Voluntary Organisations
It is expected that the most significant proportion of the compliance costs incurred will fall, through Scottish Water, to any organisations or individuals which discharge directly to the new designated waters. They may have to pre-treat their waste water discharges, change their production system, or adopt other waste minimisation strategies so that they can fulfil consent conditions which are set by SEPA. In some cases, however, diffuse pollution may be found to be compromising the quality of the water and this will have to be investigated and tackled. SEPA will have to carry out investigations of pollution sources and draw up effective action programmes where sites are not meeting the guideline standards set out in the regulations.
Costs will also fall to SEPA in respect of its monitoring and sampling regime. SEPA may be able to offset some or all of these costs on to local dischargers through its charging scheme. Where Scottish Water has to improve its own local sewage collection and treatment systems to comply with the Directive's standards it can also pass these costs onto local businesses and individuals through water charges. See section on other costs for details.
Comment is invited from interested parties on likely compliance costs for each specific case.
Compliance costs for a typical business and the total compliance costs will be calculated following this consultation.
Financial Implications
5. Costs have to be balanced against the benefits to the industry and to the water environment, and against legal obligations. Protecting these waters to the standards in the SWD will provide benefits to the industry by removing from it the burden of having to clean the product from other's pollution, and in terms of improved marketing opportunities. It will also protect farmed and wild shellfish populations and other flora and fauna which depend on a high quality aquatic environment.
Consultation with Small Business
To be completed following consultation.
Other Costs
Costs to SEPA
6. It is not possible to assess total compliance costs accurately until the monitoring of the waters starts, and SEPA can evaluate what actions need to be taken to maintain and improve the quality of the waters to the required standards. The process itself, will have costs. However, SEPA has estimated that no significant additional costs are likely to be associated with sampling at most of the new areas proposed for designation. There will however, be an estimated increase for the monitoring and analytical costs, and SEPA estimate that the average cost of monitoring a site is £4k per annum.
7. Current monitoring of shellfish waters is funded through grant-in-aid with no associated direct costs to individuals or organisations, but SEPA is now developing its charging scheme for the Water Framework Directive on the basis of cost recovery and therefore monitoring of shellfish waters will be included within future charges. However, additional costs from new site destinations are not expected to be significant to individuals or organisations.
8. There will also be costs involved for SEPA in the preparation of improvement programmes. SEPA has agreed with the Government that it will produce further improvement programmes for the new designated waters if required, but it will only be in the course of preparing these programmes that the extent of the financial expenditure will be known. The costs involved in this work will have to be borne in mind in future discussions on SEPA's grant-in-aid.
Costs to the water industry
9. The main costs for the action required by any improvement programmes is likely to fall on Scottish Water, which may need to improve their sewage and collection systems. Some of any monies actually spent, however, may be attributable to other drivers, such as carrying out work required by the Urban Waste Water Treatment (Regulations) 1994 - these costs are already included as cost drivers in the current Quality and Standards III programme. Scottish Water costs would be passed on to the water charge payer.
Comment is invited from the Scottish Water and SEPA on any further details of the costs which are likely to fall to them and any effects this could have on charges to individuals and organisations.
Results of Consultations
To be completed following consultation.
Summary and recommendations
To be completed following consultation.
Enforcement, Sanctions, Monitoring and Review
SEPA will ensure that these designations are respected, through the production of an Action Plan for each water and setting appropriate conditions on discharges under the Controlled Activities Regulations that are likely to affect the waters to fit in with this plan.
The Scottish Government will continue to monitor and review the designation of shellfish waters in the light of the industry's expanding activities in Scotland, and any future legislation.
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