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—
-
“the 2006 Regulations” (“Rheoliadau 2006”) means the Animal By-Products (Wales) Regulations 2006 F4;
-
“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 F5;
-
“official control samples” (“samplau rheoli swyddogol”) means samples taken under 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. 2160/2003F6 or 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. 1003/2005F7.
2
Any reference in these Regulations to a Community 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 regulation 21 of the 2006 Regulations or Article 12 of the European Regulation;
d
processing of annual registration documentation in respect of a laboratory approved under regulation 21 of the 2006 Regulations or Article 12 of the European Regulation;
e
inspecting a laboratory for the purpose of regulation 21 of the 2006 Regulations or Article 12 of the European Regulation;
f
administering a quality control test under regulation 21 of the 2006 Regulations or Article 12 of 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).
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 F8 are revoked.
1973 c. 51.