Welsh Statutory Instruments
Animals, Wales
Animal Health
Made
29 May 2013
Laid before the National Assembly for Wales
31 May 2013
Coming into force
24 June 2013
The Welsh Ministers are designated(1) for the purposes of making Regulations under section 2(2) of the European Communities Act 1972(2) (“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 1973(3), the Treasury consent to the making of these Regulations.
In accordance with section 10(3)(c) of the Animal Health and Welfare Act 1984(4), the relevant fees have been approved by the Treasury.
The Welsh Ministers make these Regulations in exercise of the powers conferred by—
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.
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 1966(9).
(2) In these Regulations a reference to—
(a)Regulation (EC) No 2160/2003 of the European Parliament and of the Council of 17 November 2003 on the control of salmonella and other specified food-borne zoonotic agents(10),
(b)Council Directive 90/429/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species(11), or
(c)Council Directive 2009/158/EC of 30 November 2009 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs(12),
is to be construed as a reference to that instrument as amended from time to time.
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 If any application for which a fee is payable under or by virtue of these Regulations is withdrawn before determination of the application, the Welsh Ministers must refund to the applicant such proportion of any fee paid in respect of that application as the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.
4.—(1) The Control of Salmonella in Poultry (Wales) Order 2008(13) is 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 2160/2003 of the European Parliament and of the Council as regards a Union target for the reduction of the prevalence of Salmonella serotypes in adult breeding flocks of Gallus gallus (14);
“Commission Regulation (EU) No 517/2011” (“Rheoliad y Comisiwn (EU) Rhif 517/2011”) means Commission Regulation (EU) No 517/2011 implementing Regulation (EC) No 2160/2003 of the European Parliament and of the Council as regards a Union target for the reduction of the prevalence of certain Salmonella serotypes in laying hens of Gallus gallus and amending Regulation (EC) No 2160/2003 and Commission Regulation (EU) No 200/2010(15);”.
(3) In article 3 (competent authority), for paragraphs (a) and (b) (but not the “and” at the end) substitute—
“(a)Commission Regulation (EU) No 200/2010;
(b)Commission Regulation (EU) No 517/2011;”.
(4) In the Schedule—
(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)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 Programme(16) established by or under Regulation (EC) No 2160/2003 of the European Parliament and of the Council(17).
(2) In Schedule 1—
(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)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)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.
6. The following fees are specified in Schedule 2 for activities conducted by the Welsh Ministers in relation to the poultry health scheme(18) established under Articles 2 and 6 of, and Annex II to, Council Directive 2009/158/EC and implemented by paragraph 4 of Schedule 2 to the Trade in Animals and Related Products (Wales) Regulations 2011(19)—
(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.
7.—(1) The Bovine Semen (Wales) Regulations 2008(20) (“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.
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)the Artificial Insemination of Pigs (England and Wales) Regulations 1964(21) (“the 1964 Regulations”); or
(b)the Artificial Insemination of Pigs (EEC) Regulations 1992(22) (“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)in respect of which a licence is in force under regulation 4(1) of the 1964 Regulations, or
(b)which have been approved under regulation 2(2) or (3) of the 1992 Regulations.
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 1995(23) (“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.
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 2011(24).
(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 2 of that Table.
(3) Paragraph (4) applies where the inspection of any live animal at a border inspection post is undertaken (whether in whole or in part)—
(a)during a weekend;
(b)after 17:00 hours but before 08:30 hours on a weekday; or
(c)during a public holiday.
(4) Where this paragraph applies, a fee of £80 is payable for every load subject to inspection (in addition to any fee payable under Schedule 6).
(5) In this regulation and Schedule 6—
(a)“border inspection post” (“arolygfa ffin”) means a port or airport approved as such by the European Commission(25);
(b)“consignment” (“llwyth”) means a quantity of animals of the same species, covered by the same veterinary certificate or document;
(c)“load” (“cyflenwad”) means one or more consignments of animals from the same country of origin that have arrived on the same means of transport and presented by a person responsible for their importation for checking at the border inspection post at the same time;
(d)“public holiday” (“gŵyl gyhoeddus”) means Christmas Day, Good Friday or a bank holiday in Wales under the Banking and Financial Dealings Act 1971(26); and
(e)“third country” (“trydedd wlad”) means a country other than a member State.
11. The following are revoked—
(a)the Artificial Insemination (Cattle and Pigs) (Fees) Regulations 1987(27);
(b)the Bovine Embryo (Collection, Production and Transfer) (Fees) Regulations 1995(28);
(c)the Animals (Third Country Imports) (Charges) Regulations 1997(29);
(d)the Zoonoses and Animal By-Products (Fees) (Wales) Regulations 2008(30); and
(e)the Poultry Health Scheme (Fees) (Wales) Regulations 2011(31).
Alun Davies
Minister for Natural Resources and Food, one of the Welsh Ministers
29th May 2013
We consent
Mark Lancaster
Robert Goodwill
Two of the Lords Commissioners of Her Majesty’s Treasury
20 May 2013
Regulation 5
| payable by the person in charge of a chicken or turkey holding from which an official sample is taken, processed and examined | |
|---|---|
| Column 1 Activity | Column 2 Fee (£) |
| Time spent in obtaining an official control sample for examination in a laboratory (in addition to the fees specified below) | 23 per half hour or part half hour spent |
| Taking an official control sample from a chicken laying flock | 60 |
| Taking an official control sample from a chicken breeding flock | 96 |
| Taking an official control sample from a chicken broiler flock | 89 |
| Taking an official control sample from turkey fattening and breeding flocks | 87 |
| Examination of an official control sample in a laboratory | 15 per sample examined |
| Fees payable by the operator of a laboratory | ||
|---|---|---|
| Column 1 Activity | Column 2 Fee (£) | |
| Processing an application for an initial laboratory approval or an annual renewal of laboratory approval | 43 | |
| Conducting inspections and quality assurance based upon the number of tests for which the laboratory is approved | one test | 642 |
| two tests | 661 | |
| three tests | 681 | |
| four tests | 700 | |
| Conducting collaborative testing for salmonella as required to obtain and maintain approval as a testing laboratory | 37 per test | |
| Fees payable by the person in charge of poultry flocks for conducting tests under point 4(b) of Part D of Annex II of Regulation (EC) No 2160/2003 | |
|---|---|
| Column 1 Activity | Column 2 Fee (£) |
| Conducting tests on seven dust and faecal samples taken from each flock | 15 per sample tested |
| Conducting bacteriological sampling and testing of the caeca and oviducts of 300 birds from each flock | 3,560 |
| Conducting bacteriological sampling and testing of the shell and the content of 4,000 eggs from each flock | 2,310 |
Regulation 6
| Fees for registration and approval of an establishment for the purposes of the poultry health scheme | |
|---|---|
| Column 1 Activity | Column 2 Fee (£) |
| Time spent by a veterinary officer carrying out the licensing or approval activities in this Table (in this Table, the “time fee”), in addition to the fees listed below, unless otherwise specified in column 2 that this time fee does not apply | 23 per half hour or part half hour spent |
| Annual registration as a poultry health scheme member (in this Table a “scheme member”) | 61 (time fee does not apply) |
| Approval for first year approval of scheme member’s flock or hatchery | 210 |
| Approval for first year approval of a scheme member’s combined flock and hatchery on one site where the inspection is carried out by a veterinary officer | 233 |
| Annual re-approval of a scheme member’s flock or hatchery, where the inspection is carried out by a veterinary surgeon who is not a veterinary officer | 74 (time fee does not apply) |
| Annual re-approval of a scheme member’s combined flock and hatchery on one site, where the inspection is carried out by a veterinary surgeon who is not a veterinary officer | 78 (time fee does not apply) |
| Annual re-approval of a scheme member’s flock or hatchery, where inspection carried out by a veterinary officer | 178 |
| Annual re-approval of a scheme member’s combined flock and hatchery on one site, where inspection carried out by a veterinary officer | 183 |
| Fees payable by the operator of a laboratory in relation to approval for the purpose of the poultry health scheme | |
|---|---|
| Column 1 Activity | Column 2 Fee (£) |
| Processing an application for an initial laboratory approval or an annual renewal of a laboratory approval | 43 |
| Proficiency test in respect of Salmonella bacteriology (pullorum, gallinarum and arizonae) | 131 per test |
| Proficiency test in respect of Salmonella serology (pullorum and gallinarum) | 336 per test |
| Proficiency test in respect of Mycoplasma chicken serology (gallisepticum) | 336 per test |
| Proficiency test in respect of Mycoplasma culture (gallisepticum and meleagridis) | 281 per test |
| Proficiency test in respect of Mycoplasma turkey serology (gallisepticum and meleagridis) | 336 per test |
Regulation 7(4)
| Fees payable by applicants and operators under the Bovine Semen (Wales) Regulations 2008 (“the 2008 Regulations”) | ||
|---|---|---|
| Column 1 Activity | Column 2 Fee (£) | |
| Time spent carrying out the licensing or approval activities in this Table (in addition to each of the fees listed below) | officer who is not a veterinary officer | 12 per half hour or part half hour spent |
| veterinary officer | 23 per half hour or part half hour spent | |
| Considering an application under regulations 7 and 10 of the 2008 Regulations for approval of a bovine animal for use in domestic collection centres or at unlicensed premises | 38 | |
| Considering an application under regulation 7 of the 2008 Regulations for approval of a bovine animal for use in an EU collection centre | Bovine animal aged under 6 months old | 187 |
| Bovine animal aged over 6 months old and in a same sex group | 187 | |
| Bovine animal aged over 6 months old and in a mixed sex group | 368 | |
| Considering an application for a licence to operate an EU quarantine centre under regulation 4 of the 2008 Regulations | 114 | |
| Considering an application for a licence to operate an EU collection centre under regulation 4 of the 2008 Regulations | 146 | |
| Considering an application for a licence to operate an EU storage centre under regulation 4 of the 2008 Regulations | 63 | |
| Conducting an examination of a bovine semen centre under regulation 40 of the 2008 Regulations | 14 | |
Regulation 8
| Fees payable under the Artificial Insemination of Pigs (England and Wales) Regulations 1964 (“the 1964 Regulations”) and the Artificial Insemination of Pigs (EEC) Regulations 1992 | ||
|---|---|---|
| Column 1 Activity | Column 2 Fee (£) | |
| Time spent carrying out the licensing or approval activities in this Table (in this Table the “time fee”), in addition to each of the fees listed below, unless specified in column 2 that this time fee is not applicable | officer who is not a veterinary officer | 12 per half hour or part half hour spent |
| veterinary officer | 23 per half hour or part half hour spent | |
| Application for approval of boars to provide semen for the purpose of artificial insemination | ||
| Considering an application for the approval of a boar under regulation 2(1) of the 1964 Regulations for the purpose of the collection of semen which will not be subject to intra-EU trade | 92 | |
| Considering an application for the approval of each additional boar examined at the same time | 19 (time fee does not apply) | |
| Routine testing of boars | ||
| Compulsory routine testing of boars in accordance with Annex B, Chapter II, paragraph 1 of Council Directive 90/429/EEC at an artificial insemination centre from which semen may be subject to intra-EU trade | up to a maximum of 10 boars | 201 |
| each additional boar tested on the premises | 26 | |
| Routine testing of boars at an artificial insemination centre from which semen is not subject to intra-EU trade | up to a maximum of 10 boars | 140 |
| each additional boar tested on the premises | 19 | |
| Operation of an artificial insemination centre | ||
| Considering an application from an operator for an artificial insemination centre licence or approval | 29 | |
| Considering an application for approval of an alteration to licensed premises (in accordance with conditions attached to the licence) | 29 | |
| Routine examination of an artificial insemination centre | 9 | |
Regulation 9
| Fees payable under the Bovine Embryo (Collection, Production and Transfer) Regulations 1995 (“the 1995 Regulations”) | |
|---|---|
| Column 1 Activity | Column 2 Fee (£) |
| Time spent by a veterinary officer when carrying out inspections and checks (in addition to the basic fees listed in this Table where the relevant facilities or premises require inspection or records require checking) | 23 per half hour or part half hour spent |
| Considering an application for approval of a single bovine embryo collection or production team where there is inspection of one laboratory | 131 |
| Considering an application for approval of each additional laboratory or store from the same applicant where that laboratory or store is located more than 8 kilometres away from other embryo teams inspected for approval | 86 |
| Considering an application for approval of an additional laboratory or store from the same applicant when the inspection is done on the same day and the laboratory or store is located 8 kilometres or less from other embryo teams inspected for approval | 27 |
| Considering an application for approval of:
| 60 |
| Considering an application for re-approval of a laboratory or a store following any alterations | 71 |
| Carrying out routine inspection of records of a single bovine embryo production, collection or transfer team and re-inspection of a single laboratory or store | 70 |
| Carrying out routine inspection of records of each additional bovine embryo production, collection or transfer team, and re-inspection of each additional laboratory or store | 41 for each additional team and laboratory or store |
| Considering an application for approval of a bovine embryo collection or production team with no inspection of a laboratory | 168 |
Regulation 10
| Fees for inspecting consignments of animals from third countries and checking importation documentation at border inspection posts in accordance with regulation 15 of the Trade in Animals and Related Products (Wales) Regulations 2011 | |
|---|---|
| Column 1 Inspection of type of animal and checking documents | Column 2 Fee (£) per consignment |
| Poultry, ratites and small game birds | 44 |
| Live fish, aquatic animals and reptiles | 40 |
| Rabbits and rodents | 44 |
| Captive birds | 44 |
| Bees, other insects and invertebrates | 40 |
| Pets unaccompanied | 44 |
| Equidae | 54 |
| Farmed livestock including cattle, sheep, goats, camelids, pigs and wild boar | 54 |
| Animals not covered by any other category | 44 |
| Transhipment check of documents | 44 |
(This note is not part of the Regulations)
These Regulations make provision for consolidation and increase of several fees payable to the Welsh Ministers in the field of animal health into one statutory instrument. The fees are collected by an executive agency of the Department for Environment, Food and Rural Affairs known as the Animal Health and Veterinary Laboratories Agency (AHVLA). They apply in relation to Wales.
The fees in regulation 4 and Schedule 1 are payable in relation to activities required under Regulation (EC) No 2160/2003 and in accordance with salmonella national control programmes for poultry. The Control of Salmonella in Poultry (Wales) Order 2008 (S.I. 2008/524 (W.50)) is amended by regulation 4.
The fees in regulation 6 and Schedule 2 are payable in relation to approvals for the purpose of the poultry health scheme established under Council Directive 2009/158/EC and the Trade in Animals and Related Products Regulations (Wales) 2011 (S.I. 2011/2379 (W.252)).
The fees in regulation 7 and Schedule 3 are payable in relation to approvals for the purpose of obtaining bovine semen in accordance with the Bovine Semen (Wales) Regulations 2008 (S.I. 2008/1040 (W.110)), which are amended by regulation 7.
The fees in regulation 8 and Schedule 4 are payable in relation to approvals for the purpose of obtaining porcine semen in accordance with the Artificial Insemination of Pigs (England and Wales) Regulations 1964 (S.I. 1964/1172) and the Artificial Insemination of Pigs (EEC) Regulations 1992 (S.I. 1992/3161).
The fees in regulation 9 and Schedule 5 are payable in relation to approvals for the purpose of collection, production and transfer of bovine embryos in accordance with the Bovine Embryo (Collection, Production and Transfer) Regulations 1995 (S.I. 1995/2478).
The fees in regulation 10 and Schedule 6 are payable in relation to inspection of consignments of live animals at border inspection posts in accordance with the Trade in Animals and Related Products (Wales) Regulations 2011 (S.I. 2011/2379 (W.252)).
These Regulations revoke existing fee instruments in relation to animal health (regulation 11).
The fee levels provided for in this instrument form part of a phased move towards full cost recovery of fees as explained in the Explanatory Memorandum. Some fees are substantially increased from existing fees because they have remained unchanged for many years. A detailed comparison of the existing and new fees is provided in an annex to the Explanatory Memorandum.
The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained by emailing endemics@wales.gsi.gov.uk.
1972 c.68; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c.51), section 27(1)(a) and the European Union (Amendment) Act 2008 (c.7), section 3(3) and Part 1 of the Schedule.
1973 c.51. The Welsh Ministers may exercise this power by virtue of section 59(5) of the Government of Wales Act 2006 (c.32).
Paragraph 1A was inserted into Schedule 2 by section 28 of the Legislative and Regulatory Reform Act 2006 (c.51).
1973 c.51. The Welsh Ministers may exercise this power by virtue of section 59(5) of the Government of Wales Act 2006 (c.32).
1981 c.22. Functions of the Ministers under section 1 of the 1981 Act were transferred, so far as exercisable in relation to Wales, to the National Assembly for Wales, by virtue of S.I. 1999/672. Functions of the Secretary of State were transferred, so far as exercisable in relation Wales, to the National Assembly for Wales, by virtue of S.I. 2004/3044. Those functions, exercisable in relation to Wales by the National Assembly for Wales are now exercisable by the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c.32).
1984 c.40; section 10(8) defines the “appropriate Minister” as meaning the Secretary of State in relation to Wales for the purposes of section 10. The functions of the Secretary of State, insofar as they are exercisable in relation to Wales, were transferred to the National Assembly for Wales by virtue of S.I. 1999/672. Those functions are now exercisable by the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c.32).
1966 c.36. Section 2 has been amended by S.I. 2003/2919, article 12, Schedule, paragraph 1 and S.I. 2008/1824, article 2, Schedule, paragraph 2(a) and (b).
OJ No. L 325, 12.12.2003, p.1, as last amended by Commission Regulation (EU) No 1086/2011 (OJ No. L 281, 28.10.2011, p.7).
OJ No. L 224, 18.8.1990, p.62, as last amended by Commission Implementing Regulation (EU) No 176/2012 (OJ No. L 61, 2.3.2012, p.1).
OJ No. L 343, 22.12.2009, p.74, as last amended by Commission Implementing Decision 2011/879/EU (OJ No. L 343, 23.12.2011, p.105).
OJ No. L 61, 11.3.2010, p.1, amended by Commission Regulation (EU) No. 517/2011 (OJ No. L 138, 26.5.2011, p.45).
OJ No. L 138, 26.5.2011, p.45.
There are salmonella national control programmes for laying chickens producing eggs for human consumption, breeding chickens, broiler chickens and turkeys that are designed to reduce the prevalence of different types of salmonella that are of public health significance in line with EU targets.
OJ No. L 325, 12.12.2003, p.1, as last amended by Commission Regulation (EU) No 1086/2011 (OJ No. L 281, 28.10.2011, p.7).
The poultry health scheme offers a system of registration and approval enabling establishments to verify compliance with EU legislation so that they are then eligible to export over 20 chicks or hatching eggs to other EU Member States. Additionally it provides for proficiency tests to be carried out on the laboratories that test samples on behalf of poultry health scheme members.
S.I. 1964/1172, to which there are amendments not relevant to these Regulations.
S.I. 1995/2478 to which there are amendments not relevant to these Regulations.
The European Commission periodically publishes lists of border inspection posts. The list of approved border inspection posts is laid down in Commission Decision 2009/821/EC (OJ No. L 296, 12.11.2009, p.1) as last amended by Commission Implementing Decision 2012/762/EU (OJ No. L 336, 8.12.2012, p.94).
1971 c.80. There are amendments to this Act which are not relevant to these Regulations.