The Animals and Animal Products (Import and Export) (Wales) (Laboratories, Circuses and Avian Quarantine) Regulations 2007

Amendment to the Animals and Animal Products (Import and Export) (Wales) Regulations 2006

14.—(1) Schedule 5 is amended as follows.

(2) For Part I, substitute—

“PART I APPROVAL

1.   The Welsh Ministers may approve any laboratory that they consider to be suitable for the purposes of carrying out Mycoplasma or Salmonella testing under the Poultry Health Scheme.

2.   The operator of a laboratory approved under paragraph 1 must pay the annual approval fee each year.

3.   The annual approval fee is the fee provided for in Part II.

4.   An inspector must carry out inspections and quality assurance testing as the Welsh Ministers consider necessary.

5.   In so far as such costs have not been taken into account in determining the annual approval fee, the Welsh Ministers may make a charge at the inspector rate for an inspector’s time in carrying out inspections at laboratories.

6.   The Welsh Ministers—

(a) may charge a fee for the provision of samples for quality assurance testing for the purposes of—

(i) assessing an application for an approval under this Schedule;

(ii) assessing whether an approved laboratory remains suitable for approval (in so far as such costs have not been taken into account in determining the annual approval fee); and

(iii) assessing whether suspension of such an approval should be lifted; and

(b) must publish on the Welsh Assembly Government website the current fees which may be charged under this paragraph.

7.   A fee charged under paragraphs 4, 5 or 6 must be paid by the operator of the laboratory concerned and payment will be due upon written demand.”.

(3) In Part II, for paragraph 1, substitute—

“1.   The Welsh Ministers—

(a) must determine the annual approval fee on the basis of the cost attributable to each laboratory of the items listed in paragraph 3;

(b) may determine different annual approval fees depending on whether the approval relates to:

(i) bacteriological testing for Mycoplasma only;

(ii) serological testing for Mycoplasma only;

(iii) bacteriological testing for Salmonella only;

(iv) serological testing for Salmonella only; or

(v) a combination of (i) to (iv); and

(c) must publish the current annual approval fee or fees on the Welsh Assembly Government website.”.