2008 No. 2716 (W.245)
The Zoonoses and Animal By-Products (Fees) (Wales) Regulations 2008
Made
Laid before the National Assembly for Wales
Coming into force
The Welsh Ministers, in exercise of the powers conferred by section 56(1) and (2) of the Finance Act 1973 F1 and now vested in them by section 59(5) of the Government of Wales Act 2006 F2, and paragraph 1A of Schedule 2 to the European Communities Act 1972 F3, and with the consent of the Treasury, make the following Regulations.
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Welsh Ministers that it is expedient for the references to European Community instruments in these Regulations to be construed as references to those instruments as amended from time to time.
Title, application and commencement1
The title of these Regulations is the Zoonoses and Animal By-Products (Fees) (Wales) Regulations 2008, they apply in relation to Wales and come into force on 7 November 2008.
Interpretation2
1
In these Regulations—
-
F13...
-
“the European Regulation” (“y Rheoliad Ewropeaidd”) means Regulation (EC) No. 2160/2003 of the European Parliament and of the Council on the control of salmonella and other specified food-borne zoonotic agents F4;
-
F8“official control samples” (“samplau rheoli swyddogol”) means samples taken by the Welsh Ministers under any of the following—
- a
point 2.1.2.2 of the Annex to Commission Regulation (EC) No 1003/2005 implementing Regulation (EC) No 2160/2003 as regards a Community target for the reduction of the prevalence of certain salmonella serotypes in breeding flocks of Gallus gallus and amending Regulation (EC) No 2160/2003, as amended from time to time;
- b
point 2.1 of the Annex to Commission Regulation (EC) No 1168/2006 implementing Regulation (EC) No 2160/2003 as regards a Community target for the reduction of the prevalence of certain salmonella serotypes in laying flocks of Gallus gallus and amending Regulation (EC) No 1003/2005, as amended from time to time; F9...
- c
point 1(b) and (c) of the Annex to Commission Regulation (EC) No 646/2007 implementing Regulation 2160/2003 as regards a Community target for the reduction of the prevalence of certain salmonella serotypes in broiler flocks of Gallus gallus and repealing Regulation (EC) No 1091/2005, as amended from time to time F10; or
- d
F11point 1(b)(iii) of the Annex to Commission Regulation (EC) No 584/2008 implementing Regulation 2160/2003 as regards a Community target for the reduction of the prevalence of certain salmonella serotypes in turkeys, as amended from time to time.
- a
2
Any reference in these Regulations to a F12 EU instrument is a reference to that instrument as amended from time to time.
Fees3
1
The Welsh Ministers may charge such fees as they consider will enable them to meet any reasonable expenses incurred by them in performing the following activities—
a
taking or supervising the taking of official control samples;
b
examining official control samples;
c
processing of an application for approval of a laboratory under F14...Article 12 of the European Regulation;
d
processing of annual registration documentation in respect of a laboratory approved under F14...Article 12 of the European Regulation;
e
inspecting a laboratory for the purpose of F14... Article 12 of the European Regulation;
f
administering a quality control test under F14... Article 12 of the European Regulation;
F6g
conducting tests under point 4(b)(i) of Part D of Annex II to the European Regulation;
h
conducting tests under point 4(b)(ii) of Part D of Annex II to the European Regulation;
i
conducting tests under point 4(b)(iii) of Part D Annex II to the European Regulation.
2
Fees are payable to the Welsh Ministers by—
a
the person in charge of a holding where official control samples are taken in respect of the activities in paragraph (1)(a) and (b); and
b
the operator of the laboratory in respect of the activities in paragraph (1)(c) to (f);
F7c
the person in charge of a holding where testing is carried out in respect of the activities in paragraphs (1)(g), (1)(h) and (1)(i).
3
Any fee payable under this regulation must be paid to the Welsh Ministers within 14 days of demand by the Welsh Ministers.
Revocation4
The Zoonoses and Animal By-Products (Fees) (Wales) Regulations 2007 F5 are revoked.
1973 c. 51.