Regulation, Law and Animal Health and Welfare The role of legal regulation GOLD John McEldowney, School of Law, University of Warwick. Regulation and Law вЂў вЂў вЂў вЂў вЂў вЂў EU Law and regulation UK Animal Health and Welfare Strategy Science and Law Regulation and its likely form Conclusions EU and Animal Welfare вЂў Article 2(21)Treaty of Lisbon (if ratified) will make animal health and welfare part of the provisions of general application of the new Treaty and counted as a Community competence; вЂў This will greatly strengthen animal protection from the current Article 30 EC and also the Declaration on the Protection of Animals under TEU (1992); the Protocol on the Protection and Welfare of Animals (10 March 1976 and adopted by the Council (EEC) 78/923); вЂў Case law of the ECJ to date, the ECJ has been reluctant to elevate animal welfare into any protection under Community law: Case C189/01 Jippes  ERCI-5689; вЂў Today, however, there is general recognition that animal welfare is a community interest and should be protected under community law.This is a major shift in law and policy; вЂў EU Community Health Policy expected 2009 вЂ“ UK legislation expected by Autumn 2009. Legal Regulation вЂў Consistency with EU and international obligations; вЂў Risk assessment in terms of foreseeable risk; вЂў Sharing of costs to take account affordability and competitive; вЂў Flexibility and the use of best science and evidence. Legal regulation: EU Policy and UK Law вЂў EU Animal Health Strategy 2007 to 2013; вЂў Action plan in 2008: prioritisation of EU intervention; UK Legislation in 2009; вЂў Improving economic competitiveness; вЂў Setting up an animal health regulatory framework; вЂў Disease prevention and sustainable development strategy. вЂў UK Legislation: вЂў Animal Health Act 2006-There are requirements to take reasonable steps to ensure that an animalвЂ™s needs are met; вЂў Welfare of Farmed Animals ( England) Regulations 2007 codify much EU regulation and law; вЂў Minimum standards are set and since 1997( Treaty of Lisbon Protocol) full regard must be given to policies and principles when considering animal welfare. Common Problems facing animal health and welfare strategies вЂў Lack of coordination among farmers within a nation state; вЂў Lack of co-ordination among states; вЂў The presence of a particular disease in wildlife reservoir and there is limited scientific understanding of the wildlifelivestock-pathogen interaction; Eradication or disease control?: a legal perspective вЂў Legal intervention may act as both a regulatory mechanism as well as an educative tool; вЂў The law requires some simplification and codification- the UK and New Zealand have shown the way in new legislation; вЂў The Jippes case limits the enhancement of animal health вЂ“ what is proportionate and necessary ? вЂў Legal regulation needs to be co-ordinated and to facilitate policy implementation. Regulating animal health: UK Approach вЂў Issue of who pays? вЂў The role of law and lawyers; вЂў Litigation strategies and pressure groups. Research Issues: вЂў Economic evaluation of disease control by farmers in the light of their behavioural beliefs and of constraints; вЂў Economic evaluation of the role of government and of market actors in farm-level disease control (i.e., role of incentive structures); вЂў Evaluation of the degree of farmersвЂ™ behavioural response to changes in the rate of farm level disease prevalence; вЂў Evaluation of the change in the rate of disease prevalence over time in response to farmersвЂ™ behavioural changes; The role of law and science вЂў Science based decision making; вЂў The role of risk assessment; вЂў Public awareness and confidence in science and in legal regulation; вЂў Risk assessment and science separated from risk management and policy making; вЂў Regaining of public trust in science and law and in the decision-making process. Conclusions: вЂў Choice and design of an appropriate regulatory system; вЂў Evaluating Legal Rules within the context of EU Policy making; вЂў Designing the appropriate model of regulation that fits national economic and cultural norms. Regulating in an EU and global context вЂў Animal Health and Welfare Strategy places good health and welfare as a sustainable necessity for the livestock industry; вЂў The current legislation places responsibilities on owners for a pro-active response to health care; вЂў This is also linked to cost sharing, the role of vets; the role of good risk assessment and sound science; вЂў A regulatory approach, with a potential role for a regulatory structure for animal health might encourage public confidence and ensure sound science is at the centre of good decision-making.