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

Regulation 15

SCHEDULE

Regulation 19

“SCHEDULE 8 Quarantine of Captive Birds

PART I Approvals

1.   The Secretary of State—

(a) may, if he is satisfied in all the circumstances that it is appropriate to do so, grant to a quarantine manager an approval in respect of a quarantine centre or a quarantine facility for which the quarantine manager has charge and which at least meets the minimum conditions set out in Annex IV to Commission Regulation (EC) No. 318/2007;

(b) shall comply with Chapter 3 of that Annex in relation to the suspension, revocation or reinstatement of such an approval.

2.   The Secretary of State shall give reasons in writing—

(a) for refusing an application for an approval;

(b) for attaching conditions to an approval.

3.   Notice of a revocation or suspension of an approval shall—

(a) take effect when it is served, unless otherwise stated in the notice;

(b) state—

(i) the reasons for the revocation or suspension, and

(ii) the time and date when it is to take effect;

(c) be served upon the quarantine manager—

(i) in person, or by leaving it at the quarantine centre or quarantine facility concerned; or

(ii) by post addressed to the quarantine manager at the quarantine centre or quarantine facility concerned, in which case it shall be deemed to be served at noon on the second day after posting it; and

(d) be copied to the importer, and so far as is practicable, if the importer is not the owner of the birds concerned, to the owner, of captive birds kept at the quarantine centre or quarantine facility at the date the revocation or suspension is to take effect.

4.   Where an approval is revoked or is to be revoked and the continuation of quarantine at the quarantine centre or quarantine facility concerned would in the opinion of a veterinary inspector cause a significant public or animal health risk, he may issue directions by notice as to the movement or disposal of birds held in quarantine at the time the notice of revocation is stated to take effect, and such notice shall be served and copied to any importer and owner concerned as if it were a notice to which paragraph 3(c) and (d) applied.

PART II Charges in relation to approvals of avian quarantine centres and facilities, official supervision, sampling and laboratory testing

General charging provisions

5.   Using such criteria as he considers appropriate in all the circumstances to avoid an over-recovery of costs for which a charge is made under this Schedule, the Secretary of State may make a reduced charge, if during a veterinary inspector’s attendance at a quarantine centre or quarantine facility he undertakes official activity for which a charge may be made to another party under this Schedule.

6.   A demand for payment of charges made under this Schedule may be addressed to the importer or quarantine manager concerned, as appropriate, at his last known address, whether or not it is his address for business.

Charges relating to approvals

7.— (1) The Secretary of State may make a charge in connection with the granting, suspension, amendment or revocation of an approval under regulation 19 and this Schedule in accordance with this paragraph.

(2) A fee (“the approval administration fee”) may be charged in relation to the receipt and processing of an application for —

(a) an approval;

(b) the lifting of the suspension of an approval; or

(c) the lifting of or amendment of conditions attached to an approval.

(3) The Secretary of State shall from time to time determine the fee for each type of application described in sub-paragraph (2) and shall publish the current fee on the Defra website.

(4) The approval administration fee for any type of application shall represent costs and expenses which the Secretary of State reasonably considers attributable to the receipt and processing of an application of that type.

(5) The inspector rate may be charged for time spent by a veterinary inspector inspecting premises to assess compliance with the minimum approval conditions.

(6) The Secretary of State may make a charge at no more than the inspector rate determined for the purposes of this paragraph for time spent by a veterinary inspector travelling to or from premises for purposes of inspecting them to assess compliance with the minimum approval conditions.

(7) Charges and fees under this paragraph shall be paid by the quarantine manager and shall be due upon written demand.

(8) In this paragraph—

(a) “approval” means an approval as provided for in regulation 19 and this Schedule;

(b) “minimum approval conditions” means the minimum conditions set out in Annex IV to Commission Regulation (EC) No. 318/2007.

Charges for official veterinary supervision and sampling

8.— (1) The Secretary of State shall make a charge at the inspector rate for time spent by a veterinary inspector at a quarantine centre or quarantine facility in relation to any consignment of captive birds placed in quarantine pursuant to regulation 19—

(a) carrying out official veterinary supervision; or

(b) taking samples.

(2) The Secretary of State may make a charge at no more than the inspector rate determined for the purposes of this paragraph for time spent by a veterinary inspector travelling to or from premises to carry out official veterinary supervision or take samples.

(3) The Secretary of State may make a charge for the administrative costs of official supervision and the taking of samples (“the consignment administration fee”).

(4) The Secretary of State shall—

(a) from time to time determine the consignment administration fee in relation to consignments of different types and sizes as representing the costs and expenses which the Secretary of State reasonably considers attributable to the administration of official supervision and the taking of samples in relation to a type or size of consignment, including the recovery of costs provided for under this Part; and

(b) publish the current fee on the Defra website.

(5) Charges under this paragraph shall be paid by the importer and shall be due upon written demand.

Charges for testing of samples by the official laboratory

9.— (1) The Secretary of State may make a charge for the testing of samples.

(2) The Secretary of State shall—

(a) from time to time determine the fee for each type of test as representing the costs and expenses which the Secretary of State reasonably considers attributable to the undertaking by the official laboratory of a test of that type; and

(b) publish the current fee on the Defra website.

(3) Charges under this paragraph shall be paid by the importer and shall be due upon written demand.

(4) In this paragraph “testing of samples” means testing and analysis of samples carried out by the official laboratory pursuant to Articles 12 to 15 of and Annex VI to Commission Regulation (EC) No. 318/2007, and includes the removal of tissue post mortem.”