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The Animals and Animal Products (Import and Export) (Wales) Regulations 2005

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PART IMEMBERSHIP

1.  Any reference to 'the Directive' in this Part of this Schedule is a reference to Council Directive 90/539/EEC (on animal health conditions governing intra-Community trade in, and imports from third countries, of poultry and hatching eggs)(1).

2.  An application for an establishment to become a member of the Poultry Health Scheme must be accompanied by the registration fee, the details of which are set out in Part 2 of this Schedule.

3.  The National Assembly must only grant membership of the Poultry Health Scheme to an establishment if —

(a)it is satisfied, following an inspection by a veterinary inspector, that—

(i)the establishment meets the requirements regarding facilities in Chapter II of Annex II to the Directive; and

(ii)the operator of the establishment will comply, and ensure that the establishment complies, with the requirements of point 1 of Chapter I of Annex II to the Directive; and

(b)the operator of the establishment, having been notified that the National Assembly is satisfied that the requirements in sub-paragraph (a) are met, has paid the annual membership fee, the details of which are set out in Part III of this Schedule.

4.  The disease surveillance programme referred to in paragraph (b) of point 1 of Chapter I of Annex II to the Directive must consist of the disease surveillance measures specified in Chapter III of Annex II to the Directive, together with any additional testing requirements that a veterinary inspector notifies in writing to an establishment as being requirements that he or she believes are necessary to avoid the spreading of contagious disease through intra-Community trade, taking into account the particular circumstances at that establishment.

5.  On receipt of the first annual membership fee, the National Assembly must issue the establishment’s membership certificate, which must include the establishment’s membership number.

6.  The operator of an establishment that is a member of the Poultry Health Scheme must pay the annual membership fee each year.

7.  In order to ensure that operators and their establishments continue to meet the requirements for membership of the Poultry Health Scheme, and generally to ensure compliance with the Directive, a veterinary inspector must carry out an annual inspection of the establishment, and any additional inspections the National Assembly considers necessary.

8.  The National Assembly —

(a)must suspend, revoke or restore membership in accordance with Chapter IV of Annex II to the Directive (references to 'withdrawal' in that Chapter must be read as references to 'revocation' for the purposes of this paragraph);

(b)may suspend or revoke membership if—

(i)an establishment is in breach of any of the requirements regarding facilities in Chapter II of Annex II to the Directive;

(ii)the operator or the establishment is in breach of any of the requirements in point 1 of Chapter I of Annex II to the Directive;

(iii)if ownership or control of an establishment changes; or

(iv)if the operator has not paid the annual membership fee.

(1)

OJ No. L303, 30.10.90, p. 6), as amended by and as read with the provisions listed in paragraph 6 of Part I of Schedule 3.

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