WELSH STATUTORY INSTRUMENT
2018 No. 650 (W. 122)
Animals, WalesAnimal Health
The Animal Health (Miscellaneous Fees) (Wales) Regulations 2018
Made 22th May 2018
Laid before the National Assembly for Wales 30th May 2018
Coming into force 30th June 2018
The Welsh Ministers are designated, for the purposes of making Regulations under section 2(2) of the European Communities Act 1972(“the 1972 Act”) in relation to the common agricultural policy of the European Union.
These Regulations make provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to the Welsh Ministers that it is expedient for references to EU instruments in these Regulations to be construed as references to those instruments as amended from time to time.
The Welsh Ministers make these Regulations in exercise of the powers conferred by—
(a) section 2(2) of, and paragraph 1A of Schedule 2 to, the 1972 Act;
(b) section 56(1) and (2) of the Finance Act 1973and now vested in them; and
(c) section 10(1) and (3)(c) of the Animal Health and Welfare Act 1984.
In accordance with section 56(1) of the Finance Act 1973, the Treasury consents to the making of these Regulations.
S-1
Title, application and commencementTitle, application and commencement
1. The title of these Regulations is the Animal Health (Miscellaneous Fees) (Wales) Regulations 2018. They apply in relation to Wales, and come into force on 30 June 2018.
Interpretation
2. In these Regulations—
“the 1964 Regulations” (“Rheoliadau 1964”) means the Artificial Insemination of Pigs (England and Wales) Regulations 1964;
“the 1992 Regulations” (“Rheoliadau 1992”) means the Artificial Insemination of Pigs (EEC) Regulations 1992;
“the 1995 Regulations” (“Rheoliadau 1995”) means the Bovine Embryo (Collection, Production and Transfer) Regulations 1995;
“the 2008 Regulations” (“Rheoliadau 2008”) means the Bovine Semen (Wales) Regulations 2008;
“the 2011 Regulations” (“Rheoliadau 2011”) means the Trade in Animals and Related Products (Wales) Regulations 2011;
“border inspection post” (“arolygfa ffin”) has the meaning given by regulation 11 of the 2011 Regulations;
“consignment” (“llwyth”) means a quantity of animals of the same species, covered by the same veterinary certificate or document;
“poultry health scheme” (“cynllun iechyd dofednod”) means the poultry health scheme established under Articles 2 and 6 of, and Annex II to, Council Directive 2009/158/ECon animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggsand implemented by paragraph 4 of Schedule 2 to the 2011 Regulations;
“third country” (“trydedd wlad”) means a country other than a member State;
“veterinary officer” (“swyddog milfeddygol”) means a veterinary surgeon employed as such by the Welsh Ministers; and
“veterinary surgeon” (“milfeddyg”) means a person registered in the register of veterinary surgeons kept under section 2 of the Veterinary Surgeons Act 1966.
Refund of fees
3. If any application for which a fee is payable under these Regulations is withdrawn before determination of the application, the Welsh Ministers must refund to the applicant such proportion of any fee paid in respect of that application as the Welsh Ministers think reasonable, having regard to any reasonable costs incurred by the Welsh Ministers in connection with the application.
S-4
Salmonella national control programmes (zoonoses): feesSalmonella national control programmes (zoonoses): fees
4.—(1) Schedule 1 sets out the fees payable for activities conducted by the Welsh Ministers in relation to the control of Salmonella in accordance with the relevant national control programme established by or under Regulation (EC) No 2160/2003of the European Parliament and of the Council on the control of salmonella and other specified food-borne zoonotic agents.
(2) In Schedule 1—
(a)
(a) the fees payable by the person in charge of a poultry holding for the activities specified in column 1 of Table 1 are specified in the corresponding entries in column 2 of that Table;
(b)
(b) the fees payable by the operator of a laboratory for the activities specified in column 1 of Table 2 are specified in the corresponding entries in column 2 of that Table; and
(c)
(c) the fees payable by the person in charge of poultry flocks for the activities specified in column 1 of Table 3 are specified in the corresponding entries in column 2 of that Table.
(3) Words and expressions used in Schedule 1 have the same meaning as in Regulation (EC) No 2160/2003.
S-5
Poultry health scheme: feesPoultry health scheme: fees
5.—(1) Schedule 2 sets out the fees payable for activities conducted by the Welsh Ministers in relation to the poultry health scheme.
(2) In Schedule 2—
(a)
(a) the fees payable by applicants for approval and registration activities specified in column 1 of Table 1 are specified in the corresponding entries in column 2 of that Table; and
(b)
(b) the fees payable by the operator of a laboratory for activities specified in column 1 of Table 2 are specified in the corresponding entries in column 2 of that Table.
Bovine semen: fees
6.—(1) The 2008 Regulations are amended in accordance with paragraph (2).
(2) For regulation 41 substitute—
“41. The fees payable to the Welsh Ministers are as provided by regulation 6(3) of the Animal Health (Miscellaneous Fees) (Wales) Regulations 2018.”
(3) Schedule 3 sets out the fees payable for activities conducted by the Welsh Ministers under the 2008 Regulations; and accordingly the fees payable by applicants and operators for the activities specified in column 1 of the Table are specified in the corresponding entries in column 2 of that Table.
(4) Words and expressions used in Schedule 3 have the same meaning as in the 2008 Regulations.
Porcine semen: fees
7.—(1) Schedule 4 sets out the fees payable to the Welsh Ministers in connection with the issue of licences or approvals and tests and examinations carried out under the 1964 Regulations or the 1992 Regulations.
(2) In Schedule 4 the fees payable by the applicant or holder of the licence or approval for the activities specified in column 1 of the Table are specified in the corresponding entries in column 2 of that Table.
(3) In Schedule 4 “artificial insemination centre” means premises—
(a)
(a) in respect of which a licence is in force under regulation 4(1) of the 1964 Regulations, or
(b)
(b) which have been approved under regulation 2(2) or (3) of the 1992 Regulations.
S-8
Bovine embryo (collection, production and transfer): feesBovine embryo (collection, production and transfer): fees
8.—(1) Schedule 5 sets out the fees payable to the Welsh Ministers for activities in relation to an application for an approval or a holder of an approval under the 1995 Regulations.
(2) In Schedule 5 the fees payable by applicants for, or holders of, approvals under the 1995 Regulations for the activities specified in column 1 of the Table are specified in the corresponding entries in column 2 of that Table.
(3) Words and expressions used in Schedule 5 have the same meaning as in the 1995 Regulations.
S-9
Checking consignments of live animals at border inspection posts: feesChecking consignments of live animals at border inspection posts: fees
9.—(1) Schedule 6 sets out the fees payable where inspections are carried out at border inspection posts of consignments of live animals from a third country in accordance with regulation 15 of the 2011 Regulations.
(2) In Schedule 6—
(a)
(a) the fees payable in respect of the inspection of a consignment of live animals specified in column 1 of Table 1 are specified in the corresponding entry in column 2 of that Table;
(b)
(b) the fees payable in respect of inspections undertaken during a period specified in column 1 of Table 2 are specified in the corresponding entry in column 2 of that Table, and are payable in addition to any fees payable by virtue of sub-paragraph (a);
(c)
(c) the fees payable in respect of extra checks due to non-compliance or additional control measures by a person specified in column 1 of Table 3 are specified in the corresponding entry in column 2 of that Table, and are payable in addition to any fees payable by virtue of sub-paragraph (a).
Revocation
10. The Animal Health (Miscellaneous Fees) (Wales) Regulations 2013are revoked, with the exception of regulations 1, 4 and 7(1) to (3).
Lesley Griffiths
Cabinet Secretary for Energy, Planning and Rural Affairs, one of the Welsh Ministers
22 May 2018
SCHEDULE 1
Regulation 4
Salmonella national control programmes (zoonoses): Fees
Fees payable by the person in charge of a chicken or turkey holding from which an official sample is taken, processed and examined for the purposes of Regulation (EC) No 2160/2003
|
Column 1
Activity
|
Column 2
Fee (£)
|
|
Time spent in obtaining an official control sample for examination in a
laboratory (in this Table, the “time fee”) (in addition to the fees specified below unless otherwise specified in column 2)
|
9 per quarter hour or part quarter hour spent |
Time spent travelling to and from premises for the purpose of activities below |
14 per quarter hour or part quarter hour spent, up to a maximum of 84 |
Taking an official control sample from a chicken laying flock |
32 |
Taking an official control sample from a chicken or turkey breeding flock |
52 |
Taking an official control sample from a chicken broiler flock, or turkey fattening flock |
72 |
Examination of an official control sample in a laboratory |
14 per sample tested (time fee does not apply) |
Fees payable by the operator of a laboratory in relation to an approval under Article 12 of Regulation (EC) No 2160/2003
|
Column 1
Activity
|
Column 2
Fee (£)
|
Processing an application for an initial laboratory approval or a biennial renewal of a laboratory approval |
73 |
Conducting inspections and quality assurance based upon the number of tests... |
