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The Meat (Official Controls Charges) (No.2) Regulations (Northern Ireland) 2007

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Regulation 2(1)

SCHEDULE 1DEFINITIONS OF COMMUNITY LEGISLATION

“Directive 2004/41” means Directive 2004/41/EC of the European Parliament and of the Council repealing certain directives concerning food hygiene and health conditions for the production and placing on the market of certain products of animal origin intended for human consumption and amending Council Directives 89/662/EEC and 92/118/EEC and Council Decision 95/408/EC(1);
“Regulation 178/2002” means Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety(2) as amended by Regulation 1642/2003 and Commission Regulation (EC) No. 575/2006 amending Regulation (EC) No. 178/2002 of the European Parliament and of the Council as regards the number and names of the permanent Scientific Panels of the European Safety Authority(3);
“Regulation 1642/2003” means Regulation (EC) No. 1642/2003 of the European Parliament and of the Council amending Regulation (EC) No. 178/2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety(4);
“Regulation 852/2004” means Regulation (EC) No. 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs(5) as read with Regulation 2073/2005;
“Regulation 853/2004” means Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin(6) as amended by Regulation 2074/2005, Regulation 2076/2005, Commission Regulation (EC) No.1662/2006 amending Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific Hygiene rules for food of animal origin(7), Regulation 1791/2006 and Commission Regulation (EC) No. 1243/2007 amending Annex III to Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin(8) and as read with Directive 2004/41 and Regulation 1688/2005;
“Regulation 854/2004” means Regulation (EC) No. 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption(9) as amended by Regulation 882/2004, 2074/2005, Regulation 2076/2005 and Regulation 1791/2006 and as read with Directive 2004/41, Regulation 2074/2005, Regulation 2075/2005 and Regulation 2076/2005;
“Regulation 882/2004” means Regulation (EC) No. 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules(10) as read with Regulation 2074/2005 and Regulation 2076/2005 and as amended by Regulation 776/2006 and Regulation 1791/2006;
“Regulation 1688/2005” means Commission Regulation (EC) No. 1688/2005 implementing Regulation (EC) No. 853/2004 of the European Parliament and of the Council as regards special guarantees concerning salmonella for consignments to Finland and Sweden of certain meat and eggs(11).
“Regulation 2073/2005” means Commission Regulation (EC) No. 2073/2005 on microbiological criteria for foodstuffs(12)
“Regulation 2074/2005” means Commission Regulation (EC) No. 2074/2005 laying down implementing measures for certain products under Regulation (EC) No. 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No. 854/2004 of the European Parliament and of the Council and Regulation (EC) No. 882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No. 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004(13) as amended by Commission Regulation (EC) No. 1664/2006 amending Regulation (EC) No. 2074/2005 as regards implementing measures for certain products of animal origin intended for human consumption and repealing certain implementing measures(14) and Commission Regulation (EC) No. 1244/2007 amending Regulation (EC) No. 2074/2005 as regards implementing measures for certain products of animal origin intended for human consumption and laying down specific rules on official controls for the inspection of meat(15);
“Regulation 2075/2005” means Commission Regulation (EC) No. 2075/2005 laying down specific rules on official controls for Trichinella in meat(16) as amended by Commission Regulation (EC) No. 1665/2006 amending Regulation (EC) No. 2075/2005 laying down specific rules on official controls for Trichinella in meat(17) and Commission Regulation (EC) No. 1245/2007 amending Annex I to Regulation (EC) No. 2075/2005 as regards the use of liquid pepsin for the detection of Trichinella in meat(18);
“Regulation 2076/2005” means Commission Regulation (EC) No. 2076/2005 laying down transitional arrangements for the implementation of Regulations (EC) No. 853/2004, (EC) No. 854/2004 and (EC) No. 882/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004(19) as amended by Commission Regulation (EC) No. 1666/2006 amending Regulation (EC) No. 2076/2005 laying down transitional arrangements for the implementation of Regulations (EC) No. 853/2004, (EC) No. 854/2004 and EC No. 882/2004 of the European Parliament and of the Council(20), Commission Regulation (EC) No. 479/2007 amending Regulation (EC) No. 2076/2005 laying down transitional arrangements for the implementation of Regulations (EC) No. 853/2004, (EC) No. 854/2004 and (EC) No. 882/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No.854/2004(21) and Commission Regulation (EC) No.1246/2007 amending Regulation 2076/2005 as regards the extension of the transitional period granted to food business operators importing fish oil intended for human consumption(22);
“Regulation 776/2006” means Commission Regulation (EC) No. 776/2006 amending Annex VII to Regulation 882/2004 of the European Parliament and of the Council as regards Community reference laboratories(23); and
“Regulation 1791/2006” means Council Regulation (EC) No. 1791/2006 adapting certain Regulations and Decisions in the fields of free movement of goods, freedom of movement of persons, company law, competition policy, agriculture (including veterinary and phytosanitary legislation), transport policy, taxation, statistics, energy, environment, cooperation in the fields of justice and home affairs, customs union, external relations, common foreign and security policy and institutions, by reason of the accession of Bulgaria and Romania(24).

Regulation 2(1)

SCHEDULE 2CALCULATION OF THE OFFICIAL CONTROLS CHARGE

The official controls charge

1.  Subject to paragraph 2, the official controls charge payable by the operator of any premises for any accounting period shall be the lower of —

(a)the sum of —

(i)the standard charge incurred in relation to those premises for that period, and

(ii)any additional charge incurred in relation to those premises for that period by virtue of paragraph 6; and

(b)the time costs generated by those premises for that period.

2.  (1)  This paragraph applies where the official controls charge calculated under paragraph 1 for any accounting period (amount A), when added to the official controls charge payable in respect of all earlier accounting periods falling within the same financial period (amount B), produces a total (amount C) which is greater than the amount of the official controls charge which would be payable under paragraph 1 if those accounting periods were one accounting period (amount D).

(2) Where this paragraph applies, the official controls charge payable by an operator for an accounting period shall be the amount by which amount D exceeds amount B.

(3) In this paragraph “financial period” means—

(a)the period commencing on and including 1st April 2007 and ending on 29th March 2008; and

(b)thereafter, the period commencing on and including the Monday immediately following the last Sunday in March in any year and ending on the last Sunday in March in the following year.

The standard charge

3.  The standard charge for any accounting period payable by the operator of a slaughterhouse shall be calculated by multiplying the rate specified in the following Table applicable to a given type of animal by the number of animals of that type slaughtered and/or dressed there in the period.

4.  The standard charge for any accounting period payable by the operator of a game-handling establishment in respect of wild game dressed there during that period shall be calculated by multiplying the rate specified in the following Table applicable to a given type of animal that is categorised as wild game by the number of animals of that type dressed there in the period.

Type of animalRate per type of animal in Pound Sterling
Bovine animals
–aged less than 8 months at slaughter1.7670
–aged 8 months or more at slaughter3.3788
Solipeds and equidae3.1099
Pigs
–carcase weight less than 25 kg0.3534
–carcase weight equal to or greater than 25 kg0.9189
Sheep and goats
–carcase weight less than 12 kg0.1237
–carcase weight between 12 and 18 kg inclusive0.2474
–carcase weight greater than 18 kg0.3534
Poultry
–all broilers; all cast hens; other poultry weighing less than 2 kg0.0071
–poultry (not being broilers or cast hens) weighing at least 2 kg (except those which are adult and weigh at least 5 kg)0.0142
–poultry (not being broilers or cast hens) being adult and weighing at least 5 kg0.0282
Duck and geese
–weighing less than 2 kg0.0071
–weighing at least 2 kg (except those which are adult and weigh at least 5 kg)0.0142
–adult and weighing at least 5 kg0.0282
Turkeys
–any weight (except those which are adult and weigh at least 5 kg)0.0169
–adult and weighing at least 5 kg0.0282
Farmed rabbits
–weighing less than 2 kg0.0071
–weighing at least 2 kg (except those which are adult and weigh at least 5 kg)0.0142
–adult and weighing at least 5 kg0.0282
Small game birds
–weighing less than 2 kg0.0071
–weighing at least 2 kg (except those which are adult and weigh at least 5 kg)0.0142
–adult and weighing at least 5 kg0.0282
Small ground game
–weighing less than 2 kg0.0071
–weighing at least 2 kg (except those which are adult and weigh at least 5 kg)0.0142
–adult and weighing at least 5 kg0.0282
Ratites0.9189
Land mammals
–boars1.0136
–ruminants of carcase weight less than or equal to 18 kg0.3379
–ruminants of carcase weight greater than 18 kg0.3534

5.  The standard charge for any accounting period payable by the operator of a cutting plant or of a game-handling establishment in respect of meat brought into the plant or establishment during that period for the purposes of being cut up or boned there shall be calculated by multiplying by £2.1204 the number of tonnes of such meat.

6.  (1)  Where in respect of an accounting period the Agency incurs increased costs because of inefficiency in the operation of premises, it may, in accordance with this paragraph, add an additional charge to the standard charge incurred in relation to the premises for that period.

(2) The additional charge shall be a sum equal to the time costs generated by the inefficiency for the accounting period concerned.

(3) The Agency may not make an additional charge in accordance with this paragraph unless it has notified the operator of its intention to do so.

(4) The notification referred to in sub–paragraph (3) shall be given as soon as is practicable after the Agency has concluded that it wishes to make an additional charge in accordance with this paragraph.

(5) For the purposes of this paragraph “inefficiency” means inefficiency on the part of the operator and shall include in particular —

(a)delay in the start of slaughtering attributable to the operator;

(b)mechanical breakdown caused by lack of maintenance;

(c)enforcement action taken by the Agency or an inspector;

(d)under–employment of inspectors caused by the operator’s failure to adhere to the working hours or working practices agreed for the purposes of this paragraph pursuant to sub–paragraph (6);

(e)insufficient provision of slaughter staff caused by the operator’s failure to adhere to the working hours or working practices agreed for the purposes of this paragraph pursuant to sub–paragraph (6);

(f)delays caused by risks to the health or safety of inspectors attributable to the operator; and

(g)any change to the working hours or working practices agreed for the purposes of this paragraph pursuant to sub–paragraph (6) which is attributable to the operator.

(6) For the purposes of sub–paragraph (5)(d), (e) and (g), the Agency and the operator shall agree working hours and working practices and shall keep the working hours and working practices so agreed under review.

(7) Where, following any such review, it appears to the Agency and the operator that it is appropriate to do so, they may by further agreement vary any working hours or working practices agreed pursuant to sub–paragraph (6).

(8) Where any working hours or working practices have been varied pursuant to sub–paragraph (7) they shall be treated as having been agreed pursuant to sub–paragraph (6).

(9) No additional charge may be made in accordance with this paragraph in respect of any increased costs incurred because of any variation in working hours or working practices which does not alter the working hours or working practices which have been agreed in accordance with sub–paragraph (6).

7.  (1)  An operator who does not agree that an additional charge is justified under paragraph 6 may request that the question be determined by a person nominated for the purpose pursuant to sub–paragraph (3)(a).

(2) A request under sub–paragraph (1) shall be made within 1 week of the Agency giving the operator notice under paragraph 6(3).

(3) Where an operator makes a request under sub–paragraph (1) —

(a)the Agency shall nominate a person to determine the question from the list established under sub–paragraph (4);

(b)the person so nominated shall give the operator and the Agency an opportunity to make representations on the question to be determined; and

(c)the person so nominated shall, within 1 month of being nominated, decide whether an additional charge is payable and shall notify the operator and the Agency of his decision.

(4) The Agency shall establish and maintain a list of people who may be nominated for the purposes of this paragraph and shall consult those organisations appearing to represent operators before including any person on the list.

Time costs

8.  The time costs generated by any premises in any accounting period shall (subject to paragraphs 9 and 10) be calculated by —

(a)multiplying the time (expressed in hours and fractions of an hour) spent by each inspector exercising official controls at those premises in the period by the hourly rate applicable to that inspector determined or varied in accordance with paragraphs 11 to 13;

(b)adding the results together; and

(c)adding any agreed slaughterhouse staff costs for the period.

9.  The time costs in respect of any official controls shall include any overtime payments or other similar allowances made to the inspector concerned under his contract of employment or contract for services for exercising those official controls.

10.  In determining the total time spent in exercising official controls, any time spent by an inspector—

(a)in travelling to or from premises at which he exercises official controls and for which he is paid under a contract of employment or contract for services;

(b)at any premises to which he has gone for the purpose of exercising official controls and for which he is paid under a contract of employment or contract for services (regardless of whether or not he is able to exercise official controls there); and

(c)at any other place—

(i)when he is available for exercising official controls but is not in fact exercising any such controls, and

(ii)for which he is paid under his contract of employment or contract for services,

shall be counted as if it were time when the inspector was exercising official controls.

11.  The Agency shall determine the hourly rate applicable to inspectors, and may determine different rates for different inspectors or different classes of inspector, having regard to the level of qualifications and experience of different inspectors or classes of inspector and to the cost of exercising official controls by different inspectors or classes of inspector.

12.  The hourly rate for any inspector or class of inspector shall be calculated so as to reflect such proportion of the costs of the items listed in Annex VI to Regulation 882/2004 incurred by that inspector or class of inspector in exercising official controls (excluding any additional costs taken into account pursuant to paragraph 9) as the Agency considers it proper to apportion to that hourly rate.

13.  The Agency may vary any rate determined pursuant to paragraph 11 where, having regard to variations in the costs referred to in paragraph 12, it appears to it to be necessary to do so.

14.  Prior to determining or varying hourly rates in accordance with paragraphs 11 to 13, the Agency shall consult such operators as are likely to be affected by those rates.

Definitions

15.  In this Schedule —

(a)“official auxiliary” and “official veterinarian” have the meanings respectively given to them in Article 2.1(h) and (f) of Regulation 854/2004;

(b)“inspector” means an official veterinarian or an official auxiliary;

(c)“the standard charge” means, the charge for any accounting period that is incurred in relation to a slaughterhouse, game–handling establishment or cutting plant and calculated in accordance with paragraph 3, 4 or 5, as the case may be;

(d)“time costs” means, in relation to any establishment for any accounting period, the costs calculated in accordance with paragraphs 8 to 10; and

(e)any other expression used both in this Schedule and in Regulation 882/2004 has the meaning that it bears in Regulation 882/2004.

(1)

OJ No. L157, 30.4.2004, p.33. The revised text of Directive 2004/41/EC is now set out in a Corrigendum (OJ No. L195, 2.6.2004, p.12)

(2)

OJ No. L31, 1.1.2002, p.1

(3)

OJ No. L100, 8.4.2006 p.3

(4)

OJ No. L245, 29.9.2003, p.4

(5)

OJ No. L139, 30.4.2004, p.1. The revised text of Regulation (EC) No. 852/2004 is now set out in a Corrigendum (OJ No. L226, 25.6.2004, p.3) which should be read with a further Corrigendum (OJ No. L204, 4.8.2007, p.26

(6)

OJ No. L139, 30.4.2004, p.55. The revised text of Regulation (EC) No. 853/2004 is now set out in a Corrigendum (OJ No. L226, 25.6.2004, p.22) which should be read with a further Corrigendum (OJ No. L204 4.8.2007, p.26

(7)

OJ No. L320, 18.11.2006, p.1

(8)

OJ No. L281, 25.10.2007, p.8

(9)

OJ No. L139, 30.4.2004, p.206. The revised text of Regulation (EC) No. 854/2004 is now set out in a Corrigendum (OJ No. L226, 25.6.2004, p.83) which should be read with a further Corrigendum (OJ No. L204, 4.8.2007, p.26)

(10)

OJ No. L165, 30.4.2004, p.1. The revised text of Regulation (EC) No. 882/2004 is now set out in a Corrigendum (OJ No. L191, 28.5.2004, p.1) which should be read with a further Corrigendum (OJ No. L204, 4.8.2007 p.29)

(11)

OJ No. L271, 15.10.2005, p.17

(12)

OJ No. L338, 22.12.2005, p.1,as read with the Corrigenda at OJ No.L278, 10.10.2006 p.32 and OJ No.L283,14.10.2006,p.62

(13)

OJ No. L338, 22.12.2005, p.27

(14)

OJ No. L320, 18.11.2006, p.13

(15)

OJ No. L281, 25.10.2007, p.12

(16)

OJ No. L338, 22.12.2005, p.60

(17)

OJ No.L320, 18.11.2006, p.46

(18)

OJ No. L281, 25.10.2007, p19

(19)

OJ No. L338, 22.12.2005, p.83

(20)

OJ No. L320, 18.11.2006, p.47

(21)

OJ No. L111, 28.4.2007, p.46

(22)

OJ No. L281, 25.10.2007, p.21

(23)

OJ No. L136, 24.5.2006, p.3

(24)

OJ No. L363, 20.12.2006, p.1

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