# The Animal Health (Miscellaneous Fees) (Wales) Regulations 2013

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Welsh Statutory Instruments

# 2013 No. 1241 (W. 133)

Animals, Wales

Animal Health

# The Animal Health (Miscellaneous Fees) (Wales) Regulations 2013

Made

29 May 2013

Laid before the National Assembly for Wales

31 May 2013

Coming into force

24 June 2013

The Welsh Ministers are designated F1 for the purposes of making Regulations under section 2(2) of the European Communities Act 1972 F2 (“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.                        

In accordance with section 56(1) and (2) of the Finance Act 1973 F3, the Treasury consent to the making of these Regulations.                        

In accordance with section 10(3)(c) of the Animal Health and Welfare Act 1984 F4, the relevant fees have been approved by the Treasury.                        

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

section 2(2) of, and paragraph 1A of Schedule 2 F5 to, the 1972 Act;                                    

section 56(1) and (2) of the Finance Act 1973 F6;                                    

section 1 of the Animal Health Act 1981 F7; and                                    

section 10(3)(c) of the Animal Health and Welfare Act 1984 F8.                                    

F1S.I. 2010/2690.

F21972 c.68; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c.51), **section 27(1)(a)** and the European Union (Amendment) Act 2008 (c.7), **section 3(3)** and Part 1 of the Schedule.

F31973 c.51. The Welsh Ministers may exercise this power by virtue of section 59(5) of the Government of Wales Act 2006 (c.32).

F41984 c.40.

F5Paragraph 1A was inserted into Schedule 2 by section 28 of the Legislative and Regulatory Reform Act 2006 (c.51).

F61973 c.51. The Welsh Ministers may exercise this power by virtue of section 59(5) of the Government of Wales Act 2006 (c.32).

F71981 c.22. Functions of the Ministers under section 1 of the 1981 Act were transferred, so far as exercisable in relation to Wales,                              to the National Assembly for Wales, by virtue of S.I. 1999/672. Functions of the Secretary of State were transferred, so far as exercisable in relation Wales, to the National Assembly                              for Wales, by virtue of S.I. 2004/3044. Those functions, exercisable in relation to Wales by the National Assembly for Wales are now exercisable by the Welsh Ministers                              by virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c.32).

F81984 c.40; section 10(8) defines the “appropriate Minister” as meaning the Secretary of State in relation to Wales for the purposes of section 10.                              The functions of the Secretary of State, insofar as they are exercisable in relation to Wales, were transferred to the National                              Assembly for Wales by virtue of S.I. 1999/672. Those functions are now exercisable by the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11                              to, the Government of Wales Act 2006 (c.32).

## Title, application and commencementE+W

1.—(1) The title of these Regulations is the Animal Health (Miscellaneous Fees) (Wales) Regulations 2013.                  

(2) These Regulations apply in relation to Wales.

(3) These Regulations come into force on 24 June 2013.

## InterpretationE+W

2.—(1) In these Regulations—                  

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

“veterinary surgeon” (“*milfeddyg*”) means a person registered in the register of veterinary surgeons kept under section 2 of the Veterinary Surgeons Act 1966                     F9.                  

(2) In these Regulations a reference to—

(a)Regulation (EC) No 2160/2003 of the European Parliament and of the Council of 17 November 2003 on the control of salmonella and other specified food-borne                        zoonotic agents F10,                  

(b)Council Directive 90/429/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals                        of the porcine species F11, or                  

(c)Council Directive 2009/158/EC of 30 November 2009 on animal health conditions governing intra-Community trade in, and imports from third countries of,                        poultry and hatching eggs F12,                  

is to be construed as a reference to that instrument as amended from time to time.

F91966 c.36. Section 2 has been amended by S.I. 2003/2919, article 12, **Sch**edule, paragraph 1 and S.I. 2008/1824, article 2, **Sch**edule, paragraph 2(a) and (b).

F10OJ No. L 325, 12.12.2003, p.1, as last amended by Commission Regulation (EU) No 1086/2011 (OJ No. L 281, 28.10.2011, p.7).

F11OJ No. L 224, 18.8.1990, p.62, as last amended by Commission Implementing Regulation (EU) No 176/2012 (OJ No. L 61, 2.3.2012,                              p.1).

F12OJ No. L 343, 22.12.2009, p.74, as last amended by Commission Implementing Decision 2011/879/EU (OJ No. L 343, 23.12.2011,                              p.105).

## Refund of FeesE+W

3.  If any application for which a fee is payable under or by virtue of 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 fit, having regard to any reasonable costs incurred by the Welsh Ministers in connection with                     the application.                  

## Salmonella national control programmes (zoonoses): amendment and feesE+W

4.—(1) The Control of Salmonella in Poultry (Wales) Order 2008 F13 is amended as follows.                  

(2) In article 2 (interpretation), in the appropriate place in the alphabetical order insert the following definitions—

““Commission Regulation (EU) No 200/2010” (“*Rheoliad y Comisiwn (EU) Rhif 200/2010*”) means Commission Regulation (EU) No 200/2010 implementing Regulation (EC) No 2160/2003 of the European Parliament and of the Council as regards a Union target for the reduction of the prevalence of *Salmonella*serotypes in adult breeding flocks of *Gallus gallus*F14;                  

“Commission Regulation (EU) No 517/2011” (“*Rheoliad y Comisiwn (EU) Rhif 517/2011*”) means Commission Regulation (EU) No 517/2011 implementing Regulation (EC) No 2160/2003 of the European Parliament and of the Council as regards a Union target for the reduction of the prevalence of certain *Salmonella*serotypes in laying hens of *Gallus gallus*and amending Regulation (EC) No 2160/2003 and Commission Regulation (EU) No 200/2010 F15;”.                  

(3) In article 3 (competent authority), for paragraphs (a) and (b) (but not the “and” at the end) substitute—

“(a)Commission Regulation (EU) No 200/2010;                  

(b)Commission Regulation (EU) No 517/2011;”.                  

(4) In the Schedule—

(a)in paragraph 8 (method of sampling during the laying period)—                  

(i)for “Commission Regulation (EC) No 1003/2005” substitute “ Commission Regulation (EU) No 200/2010 ”, and                  

(ii)for “Commission Regulation (EC) No 1168/2006” substitute “ Commission Regulation (EU) No 517/2011 ”; and                  

(b)in paragraph 12 (duties on the person in charge of a laboratory)—                  

(i)in sub-paragraph (3)(a), for “3.1.2 of the Annex to Commission Regulation (EC) No 1003/2005” substitute “ 3.1.3 of the Annex to Commission Regulation (EU) No 200/2010 ”,                  

(ii)in sub-paragraph (3)(b), for “3.1.3” substitute “ 3.1.4 ”, and                  

(iii)in sub-paragraph (4)(a), for “Commission Regulation (EC) No 1168/2006” substitute “ Commission Regulation (EU) No 517/2011 ”.                  

F13S.I. 2008/524 (W.50).

F14OJ No. L 61, 11.3.2010, p.1, amended by Commission Regulation (EU) No. 517/2011 (OJ No. L 138, 26.5.2011, p.45).

F15OJ No. L 138, 26.5.2011, p.45.

## 

5.—(1) Schedule 1 sets out the fees payable for activities conducted by the Welsh Ministers in relation to the control of *Salmonella* in accordance with the relevant National Control Programme F16 established by or under Regulation (EC) No 2160/2003 of the European Parliament and of the Council F17.                  

(2) In Schedule 1—

(a)the fees payable by the person in charge of a poultry holding for the activities specified in column 1 of Table 1 are specified                        in the corresponding entries in column 2 of that Table;                  

(b)the fees payable by the operator of a laboratory for activities specified in column 1 of Table 2 are specified in the corresponding                        entries in column 2 of that Table; and                  

(c)the fees payable by the person in charge of poultry flocks for the activities specified in column 1 of Table 3 are specified                        in the corresponding entries in column 2 of that Table.                  

F16There are salmonella national control programmes for laying chickens producing eggs for human consumption, breeding chickens,                              broiler chickens and turkeys that are designed to reduce the prevalence of different types of salmonella that are of public                              health significance in line with EU targets.

F17OJ No. L 325, 12.12.2003, p.1, as last amended by Commission Regulation (EU) No 1086/2011 (OJ No. L 281, 28.10.2011, p.7).

## Poultry Health Scheme: feesE+W

6.  The following fees are specified in Schedule 2 for activities conducted by the Welsh Ministers in relation to the poultry                     health scheme F18 established under Articles 2 and 6 of, and Annex II to, Council Directive 2009/158/EC and implemented by paragraph 4 of Schedule 2 to the Trade in Animals and Related Products (Wales) Regulations 2011 F19—                  

(a)Table 1 sets out the fees payable by applicants for approval and registration activities specified in column 1 of that Table                        in the corresponding entries in column 2 of that Table; and                  

(b)Table 2 sets out the fees payable by the operator of a laboratory for activities specified in column 1 of that Table in the                        corresponding entries in column 2 of that Table.                  

F18The poultry health scheme offers a system of registration and approval enabling establishments to verify compliance with EU                              legislation so that they are then eligible to export over 20 chicks or hatching eggs to other EU Member States. Additionally                              it provides for proficiency tests to be carried out on the laboratories that test samples on behalf of poultry health scheme                              members.

F19S.I. 2011/2379 (W.252).

## Bovine semen: feesE+W

7.—(1) The Bovine Semen (Wales) Regulations 2008 F20 (“the 2008 Regulations”) are amended in accordance with paragraphs (2) and (3).                  

(2) For regulation 41 substitute—

### 

“41.The fees payable to the Welsh Ministers are as provided by regulation 7(4) of the Animal Health (Miscellaneous Fees) (Wales)                        Regulations 2013.”                  

(3) Omit regulation 42.

(4) The fees specified in column 2 of Schedule 3 to these Regulations are payable for the activities specified in column 1 of                     that Schedule and the words and expressions used in that Schedule and the 2008 Regulations have the same meanings as in the                     2008 Regulations.                  

F20S.I. 2008/1040 (W.110).

## Porcine semen: feesE+W

8.—(1) Schedule 4 sets out the fees payable to the Welsh Ministers in connection with the issue of licences or approvals and tests                     and examinations carried out under—                  

(a)the Artificial Insemination of Pigs (England and Wales) Regulations 1964 F21 (“the 1964 Regulations”); or                  

(b)the Artificial Insemination of Pigs (EEC) Regulations 1992 F22 (“the 1992 Regulations”).                  

(2) The fees payable by the applicant or holder of the licence or approval for activities specified in column 1 of the Table in                     Schedule 4 are specified in the corresponding entries in column 2 of that Table.                  

(3) In Schedule 4 “artificial insemination centre” (“*canolfan ffrwythloni artiffisial*”) means premises—                  

(a)in respect of which a licence is in force under regulation 4(1) of the 1964 Regulations, or                  

(b)which have been approved under regulation 2(2) or (3) of the 1992 Regulations.                  

F21S.I. 1964/1172, to which there are amendments not relevant to these Regulations.

F22S.I. 1992/3161.

## Bovine embryo (collection, production and transfer): feesE+W

9.—(1) This regulation and Schedule 5 set out the fees payable to the Welsh Ministers for activities in relation to an application                     for an approval or a holder of an approval under the Bovine Embryo (Collection, Production and Transfer) Regulations 1995                     F23 (“the 1995 Regulations”).                  

(2) In Schedule 5, the fees payable by applicants for, or holders of, approvals under the 1995 Regulations for activities specified                     in column 1 of the Table are specified in the corresponding entries in column 2 of that Table.                  

F23S.I. 1995/2478 to which there are amendments not relevant to these Regulations.

## Checking consignments of live animals at border inspection posts: feesE+W

10.—(1) The fees specified in this regulation and Schedule 6 are payable where inspections are carried out at border inspection posts                     of consignments of live animals from a third country in accordance with regulation 15 (procedure on importation) of the Trade                     in Animals and Related Products (Wales) Regulations 2011 F24.                  

(2) The fees payable in respect of the inspection of a consignment of live animals specified in column 1 of the Table in Schedule                     6 are specified in the corresponding entry in column 2 of that Table.                  

(3) Paragraph (4) applies where the inspection of any live animal at a border inspection post is undertaken (whether in whole                     or in part)—                  

(a)during a weekend;                  

(b)after 17:00 hours but before 08:30 hours on a weekday; or                  

(c)during a public holiday.                  

(4) Where this paragraph applies, a fee of £80 is payable for every load subject to inspection (in addition to any fee payable                     under Schedule 6).                  

(5) In this regulation and Schedule 6—

(a)“border inspection post” (“*arolygfa ffin*”) means a port or airport approved as such by the European Commission F25;                  

(b)“consignment” (“*llwyth*”) means a quantity of animals of the same species, covered by the same veterinary certificate or document;                  

(c)“load” (“*cyflenwad*”) 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 inspection post at the same time;                  

(d)“public holiday” (“*gŵyl gyhoeddus*”) means Christmas Day, Good Friday or a bank holiday in Wales under the Banking and Financial Dealings Act 1971 F26; and                  

(e)“third country” (“*trydedd wlad*”) means a country other than a member State.                  

F24S.I. 2011/2379 (W.252).

F25The European Commission periodically publishes lists of border inspection posts. The list of approved border inspection posts                              is laid down in Commission Decision 2009/821/EC (OJ No. L 296, 12.11.2009, p.1) as last amended by Commission Implementing                              Decision 2012/762/EU (OJ No. L 336, 8.12.2012, p.94).

F261971 c.80. There are amendments to this Act which are not relevant to these Regulations.

## RevocationsE+W

11.  The following are revoked—                  

(a)the Artificial Insemination (Cattle and Pigs) (Fees) Regulations 1987 F27;                  

(b)the Bovine Embryo (Collection, Production and Transfer) (Fees) Regulations 1995 F28;                  

(c)the Animals (Third Country Imports) (Charges) Regulations 1997 F29;                  

(d)the Zoonoses and Animal By-Products (Fees) (Wales) Regulations 2008 F30; and                  

(e)the Poultry Health Scheme (Fees) (Wales) Regulations 2011 F31.                  

F27S.I. 1987/390.

F28S.I. 1995/2479.

F29S.I. 1997/639.

F30S.I. 2008/2716 (W.245).

F31S.I. 2011/2378 (W.251).

Alun Davies

 Minister for Natural Resources and Food, one of the Welsh Ministers

29th May 2013

We consent

Mark Lancaster

Robert Goodwill

 Two of the Lords Commissioners of Her Majesty's Treasury

20 May 2013

 Regulation 5

## SCHEDULE 1E+WSalmonella national control programmes (zoonoses): fees

### Table 1

### Table 2

### Table 3

 Regulation 6

## SCHEDULE 2E+WPoultry health scheme: fees

### Table 1

### Table 2

 Regulation 7(4)

## SCHEDULE 3E+WBovine semen: fees

 Regulation 8

## SCHEDULE 4E+WPorcine semen: fees

 Regulation 9

## SCHEDULE 5E+WBovine embryo (collection, production and transfer): fees

 Regulation 10

## SCHEDULE 6E+WChecking consignments of live animals from third countries at border inspection posts: fees

## Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for consolidation and increase of several fees payable to the Welsh Ministers in the field                        of animal health into one statutory instrument. The fees are collected by an executive agency of the Department for Environment,                        Food and Rural Affairs known as the Animal Health and Veterinary Laboratories Agency (AHVLA). They apply in relation to Wales.                     

The fees in regulation 4 and Schedule 1 are payable in relation to activities required under Regulation (EC) No 2160/2003 and in accordance with salmonella national control programmes for poultry. The Control of Salmonella in Poultry (Wales) Order                        2008 (S.I. 2008/524 (W.50)) is amended by regulation 4.                     

The fees in regulation 6 and Schedule 2 are payable in relation to approvals for the purpose of the poultry health scheme                        established under Council Directive 2009/158/EC and the Trade in Animals and Related Products Regulations (Wales) 2011 (S.I. 2011/2379 (W.252)).                     

The fees in regulation 7 and Schedule 3 are payable in relation to approvals for the purpose of obtaining bovine semen in                        accordance with the Bovine Semen (Wales) Regulations 2008 (S.I. 2008/1040 (W.110)), which are amended by regulation 7.                     

The fees in regulation 8 and Schedule 4 are payable in relation to approvals for the purpose of obtaining porcine semen in                        accordance with the Artificial Insemination of Pigs (England and Wales) Regulations 1964 (S.I. 1964/1172) and the Artificial                        Insemination of Pigs (EEC) Regulations 1992 (S.I. 1992/3161).                     

The fees in regulation 9 and Schedule 5 are payable in relation to approvals for the purpose of collection, production and                        transfer of bovine embryos in accordance with the Bovine Embryo (Collection, Production and Transfer) Regulations 1995 (S.I.                        1995/2478).                     

The fees in regulation 10 and Schedule 6 are payable in relation to inspection of consignments of live animals at border inspection                        posts in accordance with the Trade in Animals and Related Products (Wales) Regulations 2011 (S.I. 2011/2379 (W.252)).                     

These Regulations revoke existing fee instruments in relation to animal health (regulation 11).

The fee levels provided for in this instrument form part of a phased move towards full cost recovery of fees as explained                        in the Explanatory Memorandum. Some fees are substantially increased from existing fees because they have remained unchanged                        for many years. A detailed comparison of the existing and new fees is provided in an annex to the Explanatory Memorandum.                     

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 by emailing endemics@wales.gsi.gov.uk.