The Zoonoses (Fees) Regulations (Northern Ireland) 2011

Statutory Rules of Northern Ireland

2011 No. 71

Animals

Animal Health

The Zoonoses (Fees) Regulations (Northern Ireland) 2011

Made

3rd March 2011

Coming into operation

1st April 2011

The Department of Agriculture and Rural Development is a department designated (1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to the common agricultural policy of the European Community.

These Regulations make provision for a purpose mentioned in section 2(2) of that Act and it appears to the Department that it is expedient for references to Regulation (EC) No 2160/2003 of the European Parliament and of the Council on the control of salmonella and other specified food-borne zoonotic agents(3) and for certain provisions of other Community instruments to be construed as references to that Regulation and those provisions as amended from time to time.

The Department of Agriculture and Rural Development makes the following Regulations in exercise of the powers conferred by section 2(2) of, as read with paragraph 1A of Schedule 2(4) to, the European Communities Act 1972 and section 56(1), (2) and (5) of the Finance Act 1973(5).

In accordance with section 56(1) and (5) of the Finance Act 1973, the Department of Finance and Personnel consents to the making of these Regulations.

Citation and commencement

1.  These Regulations may be cited as the Zoonoses (Fees) Regulations (Northern Ireland) 2011 and shall come into operation on 1^st April 2011.

Interpretation

2.—(1) In these regulations—

“the Department” means the Department of Agriculture and Rural Development;

“the European Regulation” means Regulation (EC) No. 2160/2003 of the European Parliament and of the Council on the control of salmonella and other specified food-borne zoonotic agents as last amended by Commission Regulation (EC) No. 213/2009 and as amended from time to time (6);

“official control samples” means samples taken by the Department under—

(i)

point 2.1.2.2 of the Annex to Commission Regulation (EC) No. 1003/2005(7) implementing Regulation (EC) No. 2160/2003 as regards a Community target for the reduction of the prevalence of certain salmonella serotypes in breeding flocks of Gallus gallus and amending Regulation (EC) No. 2160/2003 as last amended by Commission Regulation (EC) No. 213/2009, as amended from time to time; or

(ii)

point 2.1 of the Annex to Commission Regulation (EC) No. 1168/2006(8) implementing Regulation (EC) No 2160/2003 as regards a Community target for the reduction of the prevalence of certain salmonella serotypes in laying hens of Gallus gallus and amending Regulation (EC) No. 1003/2005, as amended from time to time; or

(iii)

point 1 of the Annex to Commission Regulation (EC) No. 646/2007(9) implementing Regulation (EC) No. 2160/2003 as regards a Community target for the reduction of the prevalence of Salmonellaenteritidis and Salmonella typhimurium in broilers and repealing Regulation (EC) No. 1091/2005, as amended from time to time; or

(iv)

point 4 of part D of Annex II to Regulation (EC) No. 2160/2003 as regards a Community target for the reduction of salmonella and other specific food-bourne zoonotic agents on laying flocks of Gallus gallus as last amended by Commission Regulation (EC) No. 1237/2007 and as amended from time to time; or

(v)

part 1(b) (iii) of the Annex to Commission Regulation (EC) No. 584/2008(10) implementing Regulation (EC) No 2160/2003 as regards a Community target for the reduction of the prevalence of Salmonella enteritidis and Salmonella typhimuruim in turkeys, as amended from time to time.

(2) The Interpretation Act (Northern Ireland) 1954(11) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

Fees

3.  The fees specified in column (2) of the Schedule shall be paid to the Department by the person specified in column (3) in respect of the activities specified in column (1) and shall be paid within 14 days of demand.

Revocation

4.—(1) The Zoonoses and Animal By-Products (Fees) Regulations (Northern Ireland) 2008 are hereby revoked (12).

(2) The Zoonoses and Animal By-Products (Fees) (Amendment) Regulations (Northern Ireland) 2009 are hereby revoked (13).

(3) The Zoonoses and Animal By-Products (Fees) (Amendment) Regulations (Northern Ireland) 2010 are hereby revoked (14).

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 3^rd March 2011.

C .McMaster

A senior officer of the Department of Agriculture and Rural Development

Sealed with the Official Seal of the Department of Finance and Personnel on 3^rd March 2011.

Jack Layberry

A senior officer of the Department of Finance and Personnel

Regulation 3

SCHEDULE 1

Fees payable to the Department

Activities	Fee	Fee to be paid by:
(1)	(2)	(3)
Taking or supervising the taking of official control samples and or tests under point 4 of part D of Annex II to the European Regulation	£51.00 for the first ½ hour (or part thereof) of each visit plus £11.00 per ½ hour (or part thereof) thereafter.	The person in charge of the holding
Conducting tests under point 4(b)(i) of part D of Annex II to the European Regulation	£120.00 for the examination of 5 faecal samples and 2 dust samples	The person in charge of the holding
Conducting tests under point 4(b)(i) of part D of Annex II to the European Regulation	£120.00 for the examination of 5 pairs of boot swab samples and 2 dust samples	The person in charge of the holding
Conducting tests under point 4(b)(ii) of part D of Annex II to the European Regulation	£2,510.00	The person in charge of the holding
Conducting tests under point 4(b)(iii) of part D of Annex II to the European Regulation	£2,809.00	The person in charge of the holding
Examination of official control samples	£17.00	The person in charge of the holding

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, which apply in Northern Ireland, revoke the Zoonoses and Animal By-Products (Fees) Regulations (Northern Ireland) 2008 as amended.

They make provision for the Department to charge fees for activities required under Commission Regulation (EC) No 1003/2005, Commission Regulation (EC) No. 1168/2006, Commission Regulation (EC) No. 646/2007, Commission Regulation (EC) No 584/2008, Regulation (EC) No 2160/2003 and Commission Regulation (EC) No. 1237/2007. The activities and the fees are listed in the Schedule.

A regulatory impact assessment, which includes compliance cost assessment of the effect that these Regulations are likely to have on business costs, has been placed in the Library of the Assembly. Copies may be obtained from the Department of Agriculture and Rural Development, Animal Disease Control and Trade Policy Branch, Room 714, Dundonald House, Stormont Estate, Upper Newtownards Road, Belfast, BT4 3SB.

(1)

S.I. 2000/2812

(2)

1972 c 68

(3)

O.J. No.L 325, 12.12.2003, p.1 as last amended by Commission Regulation (EC) No. 213/2009

(4)

Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c.51)

(5)

1973 c. 51

(6)

O.J. No. L 325, 12.12.2003 p1, as last amended by Commission Regulation (EC) No. 1791/2006

(7)

O.J. No. L 170, 1.7.2005 p12, as last amended by Commission Regulation (EC) No. 1168/2006

(8)

O.J. No. L211, 01.08.2006 p4

(9)

O.J. No. L151, 13.06.2007 p21

(10)

O.J. No. L162, 21.06.2008 p3

(11)

1954 c.33 (N.I.)

(12)

S.R. 2008 No.359 as amended

(13)

S.R. 2009 No.326

(14)

S.R. 2010 No.253