2023 No. 754 (W. 119)
Animals, Wales
Animal Health

The Animal By-Products, Pet Passport and Animal Health (Fees) (Wales) (Amendment) Regulations 2023

Made
Coming into force
The Welsh Ministers make these Regulations in exercise of the powers conferred by paragraph 7(2) of Schedule 4 and paragraph 21(b) of Schedule 7 to the European Union (Withdrawal) Act 20181 (“the 2018 Act”) and section 10(1) and (3)(c) of the Animal Health and Welfare Act 19842.
In accordance with paragraph 1(8) of Schedule 7 to the 2018 Act, a draft of these Regulations has been laid before, and approved by resolution of, Senedd Cymru3.

Title, commencement and interpretation1.

(1)

The title of these Regulations is the Animal By-Products, Pet Passport and Animal Health (Fees) (Wales) (Amendment) Regulations 2023 and they come into force on 5 July 2023.

(2)

In these Regulations, a reference to the numbered position of a row in a table is a reference to its position not counting the row containing the column headings of that table.

Amendment of the Animal By-Products and Pet Passport (Fees) (Wales) Regulations 20182.

(1)

The Animal By-Products and Pet Passport (Fees) (Wales) Regulations 20184 are amended as follows.

(2)

In regulation 2, after the definition of “EU Control Regulation” insert—
““Official Controls Regulation” (“Rheoliad Rheolaethau Swyddogol”) means Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products5;”.

(3)

In regulation 4—

(a)

in paragraph (2), for “Article 45 of the EU Control Regulation” substitute “Article 20 of the Official Controls Regulation”;

(b)

in paragraph (3), after “EU Control Regulation” insert “or the Official Controls Regulation”.

(4)

Omit regulation 5.

(5)

In the Schedule—

(a)

in Table 1, for the second and third columns substitute—

“Column 2

Column 3

Fee (£) for applications received on or after 5 July 2023 but before 1 July 2024

Fee (£) for applications received on or after 1 July 2024

22 per quarter hour or part quarter hour spent up to a maximum of 132

22 per quarter hour or part quarter hour spent up to a maximum of 132

12 per quarter hour or part quarter hour spent up to a maximum of 72

12 per quarter hour or part quarter hour spent up to a maximum of 72

22 per quarter hour or part quarter hour spent

22 per quarter hour or part quarter hour spent

11 per quarter hour or part quarter hour spent

11 per quarter hour or part quarter hour spent

21 per invoice

21 per invoice

2,134.50

2,484

1,147

1,343

1,147

1,343

586

687

586

687

476

557

476

557”;

(b)

in Table 2—

(i)

in the table heading, for “Article 45 of the EU Control Regulation” substitute “Article 20 of the Official Controls Regulation”;

(ii)

in the first column, for “EU Control Regulation” in each place it occurs substitute “Official Controls Regulation”;

(iii)

for the second and third columns substitute—

“Column 2

Column 3

Fee (£) for inspection site visits undertaken on or after 5 July 2023 but before 1 July 2024

Fee (£) for inspection site visits undertaken on or after 1 July 2024

22 per quarter hour or part quarter hour spent up to a maximum of 132

22 per quarter hour or part quarter hour spent up to a maximum of 132

11 per quarter hour or part quarter hour spent

11 per quarter hour or part quarter hour spent

22 per quarter hour or part quarter hour spent

22 per quarter hour or part quarter hour spent

12 per quarter hour or part quarter hour spent

12 per quarter hour or part quarter hour spent

11 per quarter hour or part quarter hour spent

11 per quarter hour or part quarter hour spent

188 per visit

219 per visit

752 per year

876 per year

2,256 per year

2,628 per year”.

Amendment of the Animal Health (Miscellaneous Fees) (Wales) Regulations 20183.

(1)

The Animal Health (Miscellaneous Fees) (Wales) Regulations 20186 are amended as follows.

(2)

In regulation 2, in the appropriate places in alphabetical order—

(a)

for ““border inspection post” (“arolygfa ffin”)” substitute ““border control post” (“safle rheoli ar y ffin”)”;

(b)

for the definition of “poultry health scheme” substitute—
““poultry health scheme” (“cynllun iechyd dofednod”) means the scheme established by the Secretary of State governing the export or movement of birds or hatching eggs to the EU, Northern Ireland or specified non-EU countries, published on 22 July 20217;”.

(3)

After regulation 2 insert—

“Fee payable where an activity is carried out over a period during which different fees apply2A.

If any activity for which a fee is payable under these Regulations is carried out over a period during which different fees apply, the fee payable in relation to that activity is—

(a)

where the activity is carried out as part of an application, the fee that applies on the date the application is received;

(b)

otherwise, the fee that applies on the date the activity is commenced.”.

(4)

In regulations 4(2)(a), (b) and (c), 5(2)(a), 6(3), 7(2) and 8(2) after “column 2”, insert “or column 3”.

(5)

In regulation 9, and in the heading to that regulation, for “border inspection posts” substitute “border control posts”.

(6)

In Schedule 1—

(a)

in Table 1—

(i)

for Column 2 substitute—

“Column 2

Fee (£) on or after 5 July 2023 but before 1 July 2024

12 per quarter hour or part quarter hour spent

12 per quarter hour or part quarter hour spent, up to a maximum of 72

41

68

95

18 per sample tested (time fee does not apply)”;

(ii)

after Column 2 insert—

“Column 3

Fee (£) on or after 1 July 2024

12 per quarter hour or part quarter hour spent

12 per quarter hour or part quarter hour spent, up to a maximum of 72

49

83

117

21 per sample tested (time fee does not apply)”;

(b)

for Table 2 substitute—
“Table 2Fees payable by the operator of a laboratory in relation to an approval under Article 12 of Regulation (EC) No 2160/2003

Column 1

Column 2

Column 3

Activity

Fee (£) on or after 5 July 2023 but before 1 July 2024

Fee (£) on or after 1 July 2024

Processing an application for an initial laboratory approval or a biennial renewal of a laboratory approval

86

86

Conducting inspections for quality assurance

688 per visit

1,025 per visit

Conducting collaborative testing for Salmonella as required to obtain and maintain approval as a testing laboratory

44 per test

44 per test”;

(c)

in Table 3—

(i)

for Column 2 substitute—

“Column 2

Fee (£) on or after 5 July 2023 but before 1 July 2024

123

3,203

3,517”;

(ii)

after Column 2 insert—

“Column 3

Fee (£) on or after 1 July 2024

146

3,936

3,954”.

(7)

In Schedule 2—

(a)

in Table 1—

(i)

for Column 2 substitute—

“Column 2

Fee (£) on or after 5 July 2023 but before 1 July 2024

22 per quarter hour or part quarter hour spent

22 per quarter hour or part quarter hour spent, up to a maximum of 132

82 (time fee does not apply)

49

62

35

61 (time fee does not apply)

34 (time fee does not apply)”;

(ii)

after Column 2 insert—

“Column 3

Fee (£) on or after 1 July 2024

22 per quarter hour or part quarter hour spent

22 per quarter hour or part quarter hour spent, up to a maximum of 132

108 (time fee does not apply)

71

67

39

67 (time fee does not apply)

39 (time fee does not apply)”;

(b)

in Table 2, for Column 2 substitute—

“Column 2

Fee (£) on or after 5 July 2023

86

158 per test

310 per test

310 per test

280 per test

310 per test”.

(8)

In the Table in Schedule 3—

(a)

in Column 1—

(i)

in the fourth row for “an EC collection centre” substitute “a licensed collection centre”;

(ii)

in the fifth row for “an EC quarantine centre” substitute “a licensed quarantine centre”;

(iii)

in the sixth row—

(aa)

for “an EC”, in the first place it occurs, substitute “a licensed collection centre”;

(bb)

for “or an EC” substitute “or a licensed storage centre”;

(iv)

in the eighth row for “for domestic or EC use” substitute “for domestic use or for use for trade with a member State”;

(b)

for Column 2 substitute—

“Column 2

Fee (£) on or after 5 July 2023 but before 1 July 2024

22 per quarter hour or part quarter hour spent

22 per quarter hour or part quarter hour spent, up to a maximum of 132

27

35

39

37

23

31”;

(c)

after Column 2 insert—

“Column 3

Fee (£) on or after 1 July 2024

22 per quarter hour or part quarter hour spent

22 per quarter hour or part quarter hour spent, up to a maximum of 132

33

44

48

46

28

38”.

(9)

In Schedule 4, in the Table—

(a)

for Column 2 substitute—

“Column 2

Fee (£) on or after 5 July 2023 but before 1 July 2024

22 per quarter hour or part quarter hour spent

22 per quarter hour or part quarter hour spent, up to a maximum of 132

42 per boar

31 per boar

37

34

23”;

(b)

after Column 2 insert—

“Column 3

Fee (£) on or after 1 July 2024

22 per quarter hour or part quarter hour spent

22 per quarter hour or part quarter hour spent, up to a maximum of 132

53 per boar

38 per boar

46

42

28”.

(10)

In Schedule 5, in the Table—

(a)

in the third row of Column 1—

(i)

after the words “a bovine embryo transfer team” insert “under regulation 4 of the 1995 Regulations”;

(ii)

omit “a store under regulation 13 of the 1995 Regulations;”;

(iii)

after the words “(with or without an inspection of a laboratory)” insert “under regulation 6 or 7 of the 1995 Regulations”;

(b)

for Column 2 substitute—

“Column 2

Fee (£) on or after 5 July 2023 but before 1 July 2024

22 per quarter hour or part quarter hour spent

22 per quarter hour or part quarter hour spent, up to a maximum of 132

38

13

34

23

6 for each additional team and laboratory or store”;

(c)

after Column 2 insert—

“Column 3

Fee (£) on or after 1 July 2024

22 per quarter hour or part quarter hour spent

22 per quarter hour or part quarter hour spent, up to a maximum of 132

47

16

42

28

7 for each additional team and laboratory or store”.

(11)

In Schedule 6—

(a)

in the heading to that Schedule and in the heading to Table 1, for “border inspection posts” substitute “border control posts”;

(b)

for Table 1 substitute—

“Column 1

Column 2

Inspection of type of animal and checking documents

Fees (£) per consignment on or after 5 July 2023

Poultry and small game birds

53

Poultry – regular egg imports

53

Ratites

53

Captive birds

61

Live fish, aquatic animals and amphibians

48

Bees

40

Rabbits and rodents

44

Other insects and invertebrates

40

Reptiles

48

Pets unaccompanied by a declaration

63

Equidae

79

Farmed livestock, including cattle, sheep, goats, camelids, pigs and wild boar

190

Animals not covered by any other category

50

Transhipment check of documents

79”;

(c)

in Table 2, for Column 2 substitute—

“Column 2

Fee (£) on or after 5 July 2023

261 per load(2)

346 per load(2)

16 per quarter hour or part quarter hour spent, up to a maximum of 96 per visit”;

(2)

“load” 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 control post at the same time.

(d)

in Table 3, for Column 2 substitute—

“Column 2

Fee per quarter hour or part quarter hour spent on or after 5 July 2023

21

28

14

16, up to a maximum of 96 per visit”.

Lesley Griffiths
Minister for Rural Affairs and North Wales, and Trefnydd, one of the Welsh Ministers
EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations amend the Animal By-Products and Pet Passport (Fees) (Wales) Regulations 2018 (S.I. 2018/646 (W. 120)) (“the Animal By-Products Regulations”) and the Animal Health (Miscellaneous Fees) (Wales) Regulations 2018 (S.I. 2018/650 (W. 122)) (“the Animal Health Regulations”) (together, “the 2018 Regulations”). The amendments modify the fees payable to the Welsh Ministers under the 2018 Regulations for services provided in the field of animal health by the Animal and Plant Health Agency to reflect full cost recovery of those services.

Regulation 2(4) amends the Animal By-Products Regulations to revoke the fees payable to the Welsh Ministers for blank identification documents and services carried out in relation to the provision of pet passport identification documents.

Regulation 2(5) amends the Animal By-Products Regulations to modify the fees payable to the Welsh Ministers for services carried out in relation to animal by-products. The fees, where increased, are increased by the medium average uplift of 41% from the current fees in two steps: the first increase applies on or after 5 July 2023, the second increase applies on or after 1 July 2024.

Regulation 3(6) amends the Animal Health Regulations to modify the fees payable to the Welsh Ministers for services carried out in relation to salmonella controls. The fees, where increased, are increased by the medium average uplift of 53% from the current fees in two steps: the first increase applies on or after 5 July 2023, the second increase applies on or after 1 July 2024.

Regulation 3(7) amends the Animal Health Regulations to modify the fees payable to the Welsh Minsters for services carried out in relation to the poultry health scheme. The fees are increased by the medium average uplift of 21% from the current fees. Regulation 3(7)(a) increases certain poultry health scheme fees in two steps: the first increase applies on or after 5 July 2023, the second increase applies on or after 1 July 2024. Regulation 3(7)(b) increases the remainder of the specified poultry health scheme fees in a single step, and the increase applies on or after 5 July 2023.

Regulation 3(8) to (10) amend the Animal Health Regulations to modify the fees payable to the Welsh Ministers for services carried out in relation to artificial breeding controls. The fees are increased by the medium average uplift of 65% from the current fees in two steps: the first increase applies on or after 5 July 2023, the second increase applies on or after 1 July 2024.

Regulation 3(11) amends the Animal Health Regulations to modify the fees payable to the Welsh Ministers for services carried out in relation to border control posts. The fees are increased by the medium average uplift of 34% from the current fees in a single step, and the increase applies on or after 5 July 2023.

These Regulations also make minor and consequential amendments to the 2018 Regulations.

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 Office of the Chief Veterinary Officer, Welsh Government, Cathays Park, Cardiff, CF10 3NQ.