The Animal Health (Miscellaneous Fees) (Wales) Regulations 2013
2013 No. 1241 (W. 133)
Animals, WalesAnimal Health
The Animal Health (Miscellaneous Fees) (Wales) Regulations 2013
Made 29th May 2013
Laid before the National Assembly for Wales 31th May 2013
Coming into force 24th June 2013
The Welsh Ministers are designated1for the purposes of making Regulations under section 2(2) of the European Communities Act 19722(“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.
In accordance with section 56(1) and (2) of the Finance Act 19733, the Treasury consent to the making of these Regulations.
In accordance with section 10(3)(c) of the Animal Health and Welfare Act 19844, the relevant fees have been approved by the Treasury.
The Welsh Ministers make these Regulations in exercise of the powers conferred by—
(a) section 2(2) of, and paragraph 1A of Schedule 25to, the 1972 Act;
(b) section 56(1) and (2) of the Finance Act 19736;
(c) section 1 of the Animal Health Act 19817; and
(d) section 10(3)(c) of the Animal Health and Welfare Act 19848.
Title, application and commencement
1.—(1) The title of these Regulations is the Animal Health (Miscellaneous Fees) (Wales) Regulations 2013.
(2) These Regulations apply in relation to Wales.
(3) These Regulations come into force on 24 June 2013.
Interpretation
2.—(1) In these Regulations—
“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 19669.
(2) In these Regulations a reference to—
(a)
(a) Regulation (EC) No 2160/2003of the European Parliament and of the Council of 17 November 2003 on the control of salmonella and other specified food-borne zoonotic agents10,
(b)
(b) Council Directive 90/429/EEClaying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species11, or
(c)
(c) Council Directive 2009/158/ECof 30 November 2009 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs12,
is to be construed as a reference to that instrument as amended from time to time.
Refund of Fees
3. If any application for which a fee is payable under or by virtue of 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 fit, having regard to any reasonable costs incurred by the Welsh Ministers in connection with the application.
Salmonella national control programmes (zoonoses): amendment and fees
4.—(1) The Control of Salmonella in Poultry (Wales) Order 200813is amended as follows.
(2) In article 2 (interpretation), in the appropriate place in the alphabetical order insert the following definitions—
““Commission Regulation (EU) No 200/2010” (“Rheoliad y Comisiwn (EU) Rhif 200/2010”) means Commission Regulation (EU) No 200/2010 implementing Regulation (EC) No 2160/2003of the European Parliament and of the Council as regards a Union target for the reduction of the prevalence ofSalmonellaserotypes in adult breeding flocks of Gallus gallus14;
“Commission Regulation (EU) No 517/2011” (“Rheoliad y Comisiwn (EU) Rhif 517/2011”) means Commission Regulation (EU) No 517/2011 implementing Regulation (EC) No 2160/2003of the European Parliament and of the Council as regards a Union target for the reduction of the prevalence of certainSalmonellaserotypes in laying hens of Gallus gallusand amending Regulation (EC) No 2160/2003and Commission Regulation (EU) No 200/201015;”.
(3) In article 3 (competent authority), for paragraphs (a) and (b) (but not the “and” at the end) substitute—
“(a)
“(a) Commission Regulation (EU) No 200/2010;
(b)
(b) Commission Regulation (EU) No 517/2011;”.
(4) In the Schedule—
(a)
(a) in paragraph 8 (method of sampling during the laying period)—
(i) for “ Commission Regulation (EC) No 1003/2005” substitute “Commission Regulation (EU) No 200/2010”, and
(ii) for “ Commission Regulation (EC) No 1168/2006” substitute “Commission Regulation (EU) No 517/2011”; and
(b)
(b) in paragraph 12 (duties on the person in charge of a laboratory)—
(i) in sub-paragraph (3)(a), for “3.1.2 of the Annex to Commission Regulation (EC) No 1003/2005” substitute “3.1.3 of the Annex to Commission Regulation (EU) No 200/2010”,
(ii) in sub-paragraph (3)(b), for “3.1.3” substitute “3.1.4”, and
(iii) in sub-paragraph (4)(a), for “ Commission Regulation (EC) No 1168/2006” substitute “Commission Regulation (EU) No 517/2011”.
5.—(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 Programme16established by or under Regulation (EC) No 2160/2003of the European Parliament and of the Council17.
(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 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.
Poultry Health Scheme: fees
6. The following fees are specified in Schedule 2 for activities conducted by the Welsh Ministers in relation to the poultry health scheme18established under Articles 2 and 6 of, and Annex II to, Council Directive 2009/158/ECand implemented by paragraph 4 of Schedule 2 to the Trade in Animals and Related Products (Wales) Regulations 201119—
(a) Table 1 sets out the fees payable by applicants for approval and registration activities specified in column 1 of that Table in the corresponding entries in column 2 of that Table; and
(b) Table 2 sets out the fees payable by the operator of a laboratory for activities specified in column 1 of that Table in the corresponding entries in column 2 of that Table.
Bovine semen: fees
7.—(1) The Bovine Semen (Wales) Regulations 200820(“the 2008 Regulations”) are amended in accordance with paragraphs (2) and (3).
(2) For regulation 41 substitute—
“41. The fees payable to the Welsh Ministers are as provided by regulation 7(4) of the Animal Health (Miscellaneous Fees) (Wales) Regulations 2013.”
(3) Omit regulation 42.
(4) The fees specified in column 2 of Schedule 3 to these Regulations are payable for the activities specified in column 1 of that Schedule and the words and expressions used in that Schedule and the 2008 Regulations have the same meanings as in the 2008 Regulations.
Porcine semen: fees
8.—(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—
(a)
(a) the Artificial Insemination of Pigs (England and Wales) Regulations 196421(“the 1964 Regulations”); or
(b)
(b) the Artificial Insemination of Pigs (EEC) Regulations 199222(“the 1992 Regulations”).
(2) The fees payable by the applicant or holder of the licence or approval for activities specified in column 1 of the Table in Schedule 4 are specified in the corresponding entries in column 2 of that Table.
(3) In Schedule 4 “artificial insemination centre” (“canolfan ffrwythloni artiffisial”) 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.
Bovine embryo (collection, production and transfer): fees
9.—(1) This regulation and Schedule 5 set 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 Bovine Embryo (Collection, Production and Transfer) Regulations 199523(“the 1995 Regulations”).
(2) In Schedule 5, the fees payable by applicants for, or holders of, approvals under the 1995 Regulations for activities specified in column 1 of the Table are specified in the corresponding entries in column 2 of that Table.
Checking consignments of live animals at border inspection posts: fees
10.—(1) The fees specified in this regulation and Schedule 6 are payable where inspections are carried out at border inspection posts of consignments of live animals from a third country in accordance with regulation 15 (procedure on importation) of the Trade in Animals and Related Products (Wales) Regulations 201124.
(2) The fees payable in respect of the inspection of a consignment of live animals specified in column 1 of the Table in Schedule 6 are specified in the corresponding entry in column...
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