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

Made: 22 May 2018

Laid before the National Assembly for Wales: 30 May 2018

Coming into force: 30 June 2018

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

Title, application and commencement

1

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.

Interpretation

2

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. 1774/2002[^f00005];

• “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 products;

• “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 1966[^f00006].

Refund of fees

3

If any application for which a fee is payable under these Regulations is withdrawn before determination of the application, the Welsh Ministers must refund to the applicant such proportion of any fee paid in respect of that application as the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 products

4

• (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 20 of the Official Controls 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 or the Official Controls Regulation.

Pet passports: fees

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE

Signed

Lesley Griffiths — Cabinet Secretary for Energy, Planning and Rural Affairs, one of the Welsh Ministers — 22 May 2018

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

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.

Footnotes

[^f00001]: S.I. 2010/2690.

[^f00002]: 1972 c. 68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51), and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7).

[^f00003]: Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006.

[^f00004]: 1973 c. 51. Subsection (1) was amended by S.I. 2011/1043, article 6(1)(e). The Welsh Ministers may exercise this power by virtue of section 59(5) of the Government of Wales Act 2006 (c. 32).

[^f00005]: OJ No. L 300, 14.11.2009, p. 1, as last amended by Council Regulation (EU) No. 1385/2013 (OJ No. L 354, 28.12.2013, p. 86).

[^f00006]: 1966 c. 36. Section 2 has been amended by article 12 of, and paragraph 1 of the Schedule to, S.I. 2003/2919; and by article 2 of, and paragraph 2(a) and (b) of the Schedule to, S.I. 2008/1824.

Editorial notes

[^key-41884bd10100b421514bab2bbae7a2bf]: Reg. 1 in force at 30.6.2018, see reg. 1

[^key-bba3415d01f6e918828461fc9799b90e]: Reg. 2 in force at 30.6.2018, see reg. 1

[^key-86211e86a7991e39d5cc5b72db2eb28a]: Reg. 4 in force at 30.6.2018, see reg. 1

[^key-4b8c86d4f2466cfb6ce8c7be435c4ca7]: Reg. 3 in force at 30.6.2018, see reg. 1

[^key-5005e7d5e7b8da926af8a1302d926553]: Words in Sch. Table 1 substituted (5.7.2023) by The Animal By-Products, Pet Passport and Animal Health (Fees) (Wales) (Amendment) Regulations 2023 (S.I. 2023/754), regs. 1(1), 2(5)(a)

[^key-f2439a4fc0cc5ad0e3a2c9fd69b066f2]: Words in Sch. Table 2 heading substituted (5.7.2023) by The Animal By-Products, Pet Passport and Animal Health (Fees) (Wales) (Amendment) Regulations 2023 (S.I. 2023/754), regs. 1(1), 2(5)(b)(i)

[^key-b38aaac760e9dada00813eb51f80a487]: Words in Sch. Table 2 substituted (5.7.2023) by The Animal By-Products, Pet Passport and Animal Health (Fees) (Wales) (Amendment) Regulations 2023 (S.I. 2023/754), regs. 1(1), 2(5)(b)(ii)

[^key-4a55768d59bf3d88f1932f8248825476]: Words in Sch. Table 2 substituted (5.7.2023) by The Animal By-Products, Pet Passport and Animal Health (Fees) (Wales) (Amendment) Regulations 2023 (S.I. 2023/754), regs. 1(1), 2(5)(b)(iii)

[^key-454604c46736ecceab619312147cc4b3]: Words in reg. 2 inserted (5.7.2023) by The Animal By-Products, Pet Passport and Animal Health (Fees) (Wales) (Amendment) Regulations 2023 (S.I. 2023/754), regs. 1(1), 2(2)

[^key-9fea8a2664e3f8fdd3d4850f6c6bc3ee]: Words in reg. 4(2) substituted (5.7.2023) by The Animal By-Products, Pet Passport and Animal Health (Fees) (Wales) (Amendment) Regulations 2023 (S.I. 2023/754), regs. 1(1), 2(3)(a)

[^key-ff2766d287048d167464089500181bf6]: Words in reg. 4(3) inserted (5.7.2023) by The Animal By-Products, Pet Passport and Animal Health (Fees) (Wales) (Amendment) Regulations 2023 (S.I. 2023/754), regs. 1(1), 2(3)(b)

[^key-f9bdaa0fd9dcdb9414e5d68a31ac6dcd]: Reg. 5 omitted (5.7.2023) by virtue of The Animal By-Products, Pet Passport and Animal Health (Fees) (Wales) (Amendment) Regulations 2023 (S.I. 2023/754), regs. 1(1), 2(4)

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