2018 No. 646 (W. 120)
Animals, Wales
Animal Health

The Animal By-Products and Pet Passport (Fees) (Wales) Regulations 2018

Made
Laid before the National Assembly for Wales
Coming into force
The Welsh Ministers are designated1 for the purposes of making Regulations under section 2(2) of the European Communities Act 19722 (“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.

The Welsh Ministers make these Regulations in exercise of the powers conferred by—

(a)
section 2(2) of, and paragraph 1A of Schedule 2 to, the 1972 Act3; and
(b)
section 56(1) and (2) of the Finance Act 1973 and now vested in them4.

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

Title, application and commencement1.

The title of these Regulations is the Animal By-Products and Pet Passport (Fees) (Wales) Regulations 2018. They apply in relation to Wales and come into force on 30 June 2018.

Interpretation2.

In these Regulations—

“approval” (“cymeradwyaeth” and “cymeradwyo”) includes a conditional approval under Article 44(2) of the EU Control Regulation;

EU Control Regulation” (“Rheoliad Rheolaeth yr UE”) means Regulation (EC) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No. 1774/20025;

“veterinary officer” (“swyddog milfeddygol”) means a veterinary surgeon employed by the Welsh Ministers;

“veterinary surgeon” (“milfeddyg”) means a person registered in the register of veterinary surgeons kept under the Veterinary Surgeons Act 19666.

Refund of fees3.

If any application for which a fee is payable under these Regulations is withdrawn before determination of the application, the Welsh Ministers must refund to the applicant such proportion of any fee paid in respect of that application as the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 reasonable, having regard to any reasonable costs incurred by the Welsh Ministers in connection with the application.

Animal by-products and derived products4.

(1)

The fees payable to the Welsh Ministers for applications in connection with approval activities under Articles 24 and 44 of the EU Control Regulation are to be determined in accordance with Table 1 of the Schedule.

(2)

The fees payable to the Welsh Ministers in connection with inspection activities under Article 45 of the EU Control Regulation are to be determined in accordance with Table 2 of the Schedule.

(3)

Expressions used in the Schedule have the same meaning as in the EU Control Regulation.

Pet passports: fees5.

(1)

The fee payable by an authorised veterinarian to the Welsh Ministers for a batch of 20 blank identification documents is £56.

(2)

The authorised veterinarian is to be charged the cost of postage and packaging where—

(a)

the identification documents are not collected in person;

(b)

the authorised veterinarian asks for the identification documents to be sent by post.

(3)

In this regulation—

“authorised veterinarian” (“milfeddyg awdurdodedig”) means a veterinary surgeon who has been authorised by the Welsh Ministers to carry out tasks in accordance with Regulation (EU) No. 576/20137; and

“identification document” (“dogfen adnabod”) means a document for issue and completion by an authorised veterinarian pursuant to Article 22 of Regulation (EU) No. 576/2013 for the movement of pet animals within the EU.

Lesley Griffiths
Cabinet Secretary for Energy, Planning and Rural Affairs, one of the Welsh Ministers

SCHEDULE

Regulation 4

Table 1Fees payable by the operator of an establishment or plant for an application for approval or conditional approval under Articles 24 and 44 of the EU Control Regulation

Column 1

Activity

Column 2

Fee (£) up to and including 30 June 2019

Column 3

Fee(£) after 30 June 2019

Time spent by a veterinary officer travelling to and from premises for the purpose of activities in this Table

21 per quarter hour or part quarter hour spent up to a maximum of 126

21 per quarter hour or part quarter hour spent up to a maximum of 126

Time spent by an officer of the Welsh Ministers (other than a veterinary officer) travelling to and from premises for the purpose of activities in this Table

14 per quarter hour or part quarter hour spent up to a maximum of 84

14 per quarter hour or part quarter hour spent up to a maximum of 84

Time spent by a veterinary officer for the purpose of activities identified in this Table after the first 60 minutes of a site visit to assess suitability for approval

8 per quarter hour or part quarter hour spent

16 per quarter hour or part quarter hour spent

Time spent by an officer of the Welsh Ministers (other than a veterinary officer) for the purpose of administration of additional visits and connected activities

3 per quarter hour or part quarter hour spent

6 per quarter hour or part quarter hour spent

Additional administrative fee for production of invoices for additional visits or connected activities

7 per invoice

13 per invoice

Consideration of an application for approval of a rendering plant processing animal by-products that includes a site visit of up to 60 minutes

892

1785

Consideration of an application for approval of an establishment or plant carrying out the transformation of animal by-products and/or derived products into compost that includes a site visit of up to 60 minutes

475

951

Consideration of an application for approval of an establishment or plant carrying out the transformation of animal by-products and/or derived products into biogas that includes a site visit of up to 60 minutes

475

951

Consideration of an application for approval of an establishment or plant carrying out the handling of animal by-products after their collection, by way of operations such as sorting, cutting, chilling, freezing, salting, removal of hides and skins or of specified risk material that includes a site visit of up to 60 minutes

242

485

Consideration of an application for approval of an establishment or plant carrying out the storage of animal by-products or derived products that includes a site visit of up to 60 minutes

242

485

Consideration of an application for approval of an establishment or plant manufacturing pet food that includes a site visit up to 60 minutes

198

395

Consideration of an application for approval of an incinerator plant that includes a site visit of up to 60 minutes

198

395

Table 2Fees payable by the operator of an establishment or plant for site visits under Article 45 of the EU Control Regulation

Column 1

Activity

Column 2

Fee (£) up to and including 30 June 2019

Column 3

Fee (£) after 30 June 2019

Time spent by a veterinary officer travelling to and from premises for the purpose of activities in this Table

21 per quarter hour or part quarter hour spent up to a maximum of 126

21 per quarter hour or part quarter hour spent up to a maximum of 126

Time spent by an officer of the Welsh Ministers (other than a veterinary officer) travelling to and from premises for the purpose of activities in this Table

14 per quarter hour or part quarter hour spent up to a maximum of 84

14 per quarter hour or part quarter hour spent up to a maximum of 84

Time spent by a veterinary officer for the purpose of site visits that last longer than 30 minutes

8 per quarter hour or part quarter hour spent

16 per quarter hour or part quarter hour spent

Time spent by an officer of the Welsh Ministers (other than a veterinary officer) for the purpose of site visits that last longer than 30 minutes

4 per quarter hour or part quarter hour spent

8 per quarter hour or part quarter hour spent

Time spent organising site visits and dealing with any action points arising from the visit by an officer of the Welsh Ministers (other than a veterinary officer)

3 per quarter hour or part quarter hour spent

6 per quarter hour or part quarter hour spent

Carrying out the first 30 minutes of an annual or biennial inspection of an approved or registered establishment or plant required under the EU Control Regulation

78 per visit

157 per visit

Annual fee for carrying out the first 30 minutes of each of four site visits to inspect an approved or registered establishment or plant where quarterly inspection is required under the EU Control Regulation

281 per year

561 per year

Annual fee for carrying out the first 30 minutes of each of twelve site visits to inspect an approved or registered establishment or plant where monthly inspection visits are required under the EU Control Regulation

829 per year

1658 per year

EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations, which apply in relation to Wales, set out fees payable to the Welsh Ministers in the field of animal health.

Regulation 4 provides that fees are payable by operators of establishments and plants that are required to be approved and inspected under Regulation (EC) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption (OJ No. L 300, 14.11.2009, p. 1). These fees are set out in the Schedule.

The fees are set at 50% of the full cost recovery of costs incurred by the Welsh Ministers in the period up to and including 30 June 2019 (with the exception of travel time to premises which represents full cost recovery from the outset), and then set at 100% of the full cost recovery thereafter.

The fees in regulation 5 are payable in respect of the delivery of pet animal passports to authorised veterinarians for the purpose of the issuing of a pet passport to enable a dog, cat or ferret to travel abroad with its owner.

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 from the Welsh Government, Cathays Park, Cardiff, CF10 3NQ.