The Animal Health (Miscellaneous Fees) (Wales) Regulations 2018

Made: 22 May 2018

Laid before the National Assembly for Wales: 30 May 2018

Coming into force: 30 June 2018

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

The Welsh Ministers make these Regulations in exercise of the powers conferred by—section 2(2) of, and paragraph 1A of Schedule 2 to, the 1972 Act ;section 56(1) and (2) of the Finance Act 1973 and now vested in them ; andsection 10(1) and (3)(c) of the Animal Health and Welfare Act 1984 .

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

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

section 56(1) and (2) of the Finance Act 1973 and now vested in them ; and

section 10(1) and (3)(c) of the Animal Health and Welfare Act 1984 .

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 Health (Miscellaneous Fees) (Wales) Regulations 2018. They apply in relation to Wales, and come into force on 30 June 2018.

Interpretation

2

In these Regulations—

• “the 1964 Regulations” (“Rheoliadau 1964”) means the Artificial Insemination of Pigs (England and Wales) Regulations 1964 ;

• “the 1992 Regulations” (“Rheoliadau 1992”) means the Artificial Insemination of Pigs (EEC) Regulations 1992 ;

• “the 1995 Regulations” (“Rheoliadau 1995”) means the Bovine Embryo (Collection, Production and Transfer) Regulations 1995 ;

• “the 2008 Regulations” (“Rheoliadau 2008”) means the Bovine Semen (Wales) Regulations 2008 ;

• “the 2011 Regulations” (“Rheoliadau 2011”) means the Trade in Animals and Related Products (Wales) Regulations 2011 ;

• “border control post” (“safle rheoli ar y ffin”) has the meaning given by regulation 11 of the 2011 Regulations;

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

• “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 2021;

• “third country” (“trydedd wlad”) means a country or territory other than the British Islands;

• “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 .

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.

Salmonella national control programmes (zoonoses): fees

4

• (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 ... control programme established by or under 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 .

• (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 or column 3 of that Table;

• (b) the fees payable by the operator of a laboratory for the activities specified in column 1 of Table 2 are specified in the corresponding entries in column 2 or column 3 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 or column 3 of that Table.

• (3) Words and expressions used in Schedule 1 have the same meaning as in Regulation (EC) No 2160/2003.

Poultry health scheme: fees

5

• (1) Schedule 2 sets out the fees payable for activities conducted by the Welsh Ministers in relation to the poultry health scheme .

• (2) In Schedule 2—

• (a) the fees payable by applicants for approval and registration activities specified in column 1 of Table 1 are specified in the corresponding entries in column 2 or column 3 of that Table; and

• (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.

Bovine semen: fees

6

• (1) The 2008 Regulations are amended in accordance with paragraph (2).

• (2) For regulation 41 substitute—

(41) The fees payable to the Welsh Ministers are as provided by regulation 6(3) of the Animal Health (Miscellaneous Fees) (Wales) Regulations 2018.

• (3) Schedule 3 sets out the fees payable for activities conducted by the Welsh Ministers under the 2008 Regulations; and accordingly the fees payable by applicants and operators for the activities specified in column 1 of the Table are specified in the corresponding entries in column 2 or column 3 of that Table.

• (4) Words and expressions used in Schedule 3 have the same meaning as in the 2008 Regulations.

Porcine semen: fees

7

• (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 the 1964 Regulations or the 1992 Regulations.

• (2) In Schedule 4 the fees payable by the applicant or holder of the licence or approval for the activities specified in column 1 of the Table are specified in the corresponding entries in column 2 or column 3 of that Table.

• (3) In Schedule 4 “artificial insemination centre” 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.

Bovine embryo (collection, production and transfer): fees

8

• (1) Schedule 5 sets 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 1995 Regulations.

• (2) In Schedule 5 the fees payable by applicants for, or holders of, approvals under the 1995 Regulations for the activities specified in column 1 of the Table are specified in the corresponding entries in column 2 or column 3 of that Table.

• (3) Words and expressions used in Schedule 5 have the same meaning as in the 1995 Regulations.

Checking consignments of live animals at border inspection posts: fees

9

• (1) Schedule 6 sets out the fees payable where inspections are carried out at border control posts of consignments of live animals from a third country in accordance with regulation 15 of the 2011 Regulations.

• (2) In Schedule 6—

• (a) the fees payable in respect of the inspection of a consignment of live animals specified in column 1 of Table 1 are specified in the corresponding entry in column 2 of that Table;

• (b) the fees payable in respect of inspections undertaken during a period specified in column 1 of Table 2 are specified in the corresponding entry in column 2 of that Table, and are payable in addition to any fees payable by virtue of sub-paragraph (a);

• (c) the fees payable in respect of extra checks due to non-compliance or additional control measures by a person specified in column 1 of Table 3 are specified in the corresponding entry in column 2 of that Table, and are payable in addition to any fees payable by virtue of sub-paragraph (a).

Revocation

10

The Animal Health (Miscellaneous Fees) (Wales) Regulations 2013 are revoked, with the exception of regulations 1, 4 and 7(1) to (3).

SCHEDULE 1 — Salmonella ... control programmes (zoonoses): Fees

Colofn 1Gweithgaredd	Colofn 2Ffi (£) ar 5 Gorffennaf 2023 neu ar ôl hynny ond cyn 1 Gorffennaf 2024	Colofn 3Ffi (£) ar 1 Gorffennaf 2024 neu ar ôl hynny
Amser a dreuliwyd yn cael sampl reoli swyddogol i’w harchwilio mewnlabordy (y “ffi amser” yn y Tabl hwn) (yn ogystal â’r ffioedd a bennir isod oni phennir fel arall yng ngholofn 2)	12 am bob chwarter awr neu ran o chwarter awr a dreuliwyd	12 am bob chwarter awr neu ran o chwarter awr a dreuliwyd
Amser a dreuliwyd yn teithio i fangre ac o fangre at ddibenion y gweithgareddau isod	12 am bob chwarter awr neu ran o chwarter awr a dreuliwyd, hyd at uchafswm o 72	12 am bob chwarter awr neu ran o chwarter awr a dreuliwyd, hyd at uchafswm o 72
Cymryd sampl reoli swyddogol o haid o ieir dodwy	41	49
Cymryd sampl rheoli swyddogol o haid o ieir neu dyrcwn bridio	68	83
Cymryd sampl reoli swyddogol o haid o ieir bwyta (brwyliaid) neu haid o dyrcwn pesgi	95	117
Archwilio sampl reoli swyddogol mewn labordy	18 am bob sampl a brofwyd (nid yw’r ffi amser yn gymwys)	21 am bob sampl a brofwyd (nid yw’r ffi amser yn gymwys)
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
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
Conducting tests on seven dust and faecal samples taken from each flock	123	146
Conducting bacteriological sampling and testing of the caeca and oviducts of 300 birds from each flock	3,203	3,936
Conducting bacteriological sampling and testing of the shell and the content of 4,000 eggs from each flock	3,517	3,954

SCHEDULE 2 — Poultry health scheme: Fees

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
Time spent by a veterinary officer carrying out the activities in this Table (in this Table the “time fee”) (in addition to the fees listed below unless otherwise specified in column 2)	22 per quarter hour or part quarter hour spent	22 per quarter hour or part quarter hour spent
Time spent by a veterinary officer travelling to and from the premises of a poultry health scheme member (in this Table a “scheme member”) for the purpose of activities below	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
Annual registration as a scheme member	82 (time fee does not apply)	108 (time fee does not apply)
First year approval of scheme member's flock or hatchery, or combined flock and hatchery on one site, where inspection is carried out by a veterinary officer	49	71
Annual re-approval of a scheme member's flock or hatchery, or combined flock and hatchery on one site, where inspection carried out by a veterinary officer	62	67
Additional site re-approval where a scheme member applies at the same time for multiple sites, and the inspection is carried out by a veterinary officer	35	39
Annual re-approval of a scheme member's flock or hatchery, or combined flock and hatchery on one site, where the inspection is carried out by a veterinary surgeon who is not a veterinary officer	61 (time fee does not apply)	67 (time fee does not apply)
Additional site re-approval where a scheme member applies at the same time for multiple sites, and the inspection is carried out by a veterinary surgeon who is not a veterinary officer	34 (time fee does not apply)	39 (time fee does not apply)
Column 1	Column 2
---	---
Activity	Fee (£) on or after 5 July 2023
Processing an application for an initial laboratory approval or a biennial renewal of a laboratory approval	86
Proficiency test in respect ofSalmonella bacteriology (pullorum, gallinarum and arizonae)	158 per test
Proficiency test in respect ofSalmonella serology (pullorum, gallinarum)	310 per test
Proficiency test in respect ofMycoplasma chicken serology (gallisepticum)	310 per test
Proficiency test in respect ofMycoplasma culture (gallisepticum and meleagridis)	280 per test
Proficiency test in respect ofMycoplasma turkey serology (gallisepticum and meleagridis)	310 per test

SCHEDULE 3 — Bovine semen: Fees

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
Time spent by a veterinary officer carrying out the activities in this Table (in addition to each of the fees listed below)	22 per quarter hour or part quarter hour spent	22 per quarter hour or part quarter hour spent
Time spent by a veterinary officer travelling to and from premises for the purpose of activities below	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
Considering an application for approval of a bovine animal under regulations 7 or 10 of the 2008 Regulations for use in domestic collection centre or at unlicensed premises	27	33
Considering an application under regulation 7 of the 2008 Regulations for approval of a bovine animal for use in a licensed collection centre	35	44
Considering an application for a licence to operate a licensed quarantine centre under regulation 4 of the 2008 Regulations	39	48
Considering an application for a licence to operate a licensed collection centre or domestic collection centre, or a licensed storage centre or domestic storage centre under regulation 4 of the 2008 Regulations	37	46
Conducting an examination of a bovine semen centre under regulation 40 of the 2008 Regulations	23	28
Conducting a routine examination of an approved bovine animal for domestic use or for use for trade with a member State under regulation 33 of the 2008 Regulations	31	38

SCHEDULE 4 — Porcine semen: Fees

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
Time spent by a veterinary officer carrying out the activities in this Table (in addition to each of the fees listed below)	22 per quarter hour or part quarter hour spent	22 per quarter hour or part quarter hour spent
Time spent by a veterinary officer travelling to and from premises for the purpose of activities below	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
Application for approval of a boar to provide semen for the purpose of artificial insemination	Application for approval of a boar to provide semen for the purpose of artificial insemination
Considering an application for the approval of a boar under regulation 2(1) of the 1964 Regulations for the purpose of the collection of semen	42 per boar	53 per boar
Routine testing of a boar	Routine testing of a boar
Routine testing of a boar at an artificial insemination centre	31 per boar	38 per boar
Operation of an artificial insemination centre	Operation of an artificial insemination centre
Considering an application from an operator for an artificial insemination centre licence or approval	37	46
Considering an application for approval of an alteration to licensed or approved premises (in accordance with conditions attached to the licence or approval)	34	42
Routine examination of artificial insemination centre	23	28

SCHEDULE 5 — Bovine embryo (collection, production and transfer): Fees

Colofn 1Gweithgaredd	Colofn 2Ffi (£) ar 5 Gorffennaf 2023 neu ar ôl hynny ond cyn 1 Gorffennaf 2024	Colofn 3Ffi (£) ar 1 Gorffennaf 2024 neu ar ôl hynny
Amser a dreuliwyd gan swyddog milfeddygol wrth gyflawni’r gweithgareddau a restrir yn y Tabl hwn (yn ogystal â phob un o’r ffioedd a restrir isod)	22 am bob chwarter awr neu ran o chwarter awr a dreuliwyd	22 am bob chwarter awr neu ran o chwarter awr a dreuliwyd
Amser a dreuliwyd gan swyddog milfeddygol yn teithio i fangre ac o fangre at ddibenion y gweithgareddau isod	22 am bob chwarter awr neu ran o chwarter awr a dreuliwyd, hyd at uchafswm o 132	22 am bob chwarter awr neu ran o chwarter awr a dreuliwyd, hyd at uchafswm o 132
Ystyried cais i gymeradwyo neu ailgymeradwyo:tîm trosglwyddo embryonau buchol o dan reoliad 4 o Reoliadau 1995;...storfa o dan reoliad 16 o Reoliadau 1995;storfa, a goruchwylydd y storfa honno, o dan reoliadau 16 a 19 o Reoliadau 1995; neuun tîm casglu neu gynhyrchu embryonau buchol (gan gynnwys arolygu labordy neu beidio) o dan reoliad 6 neu 7 o Reoliadau 1995	38	47
Ystyried cais gan yr un ceisydd i gymeradwyo pob labordy neu storfa ychwanegol pan gaiff yr arolygiad ei gwblhau ar yr un diwrnod	13	16
Ystyried cais i ailgymeradwyo labordy neu storfa yn dilyn unrhyw newidiadau	34	42
Cynnal arolygiad rheolaidd o gofnodion un tîm cynhyrchu, casglu neu drosglwyddo embryonau buchol ac ailarolygu un labordy neu storfa	23	28
Cynnal arolygiad rheolaidd o gofnodion pob tîm cynhyrchu, casglu neu drosglwyddo embryonau buchol ychwanegol, ac ailarolygu pob labordy neu storfa ychwanegol	6 am bob tîm ychwanegol a phob labordy neu storfa ychwanegol	7 am bob tîm ychwanegol a phob labordy neu storfa ychwanegol

SCHEDULE 6 — Checking consignments of live animals from third countries at border control posts: Fees

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 eggs	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
¹ “out of hours” means before 8.30 a.m. or after 5 p.m. on a weekday.	¹ “out of hours” means before 8.30 a.m. or after 5 p.m. on a weekday.
---	---
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.	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.
³ “public holiday” means Christmas Day, Good Friday or a bank holiday in Wales under the Banking and Financial Dealings Act 1971 .	³ “public holiday” means Christmas Day, Good Friday or a bank holiday in Wales under the Banking and Financial Dealings Act 1971 .
Column 1	Column 2
Period when inspection conducted	Fee (£) on or after 5 July 2023
Out of hours¹ inspection	261 per load²
Inspection during a weekend or a public holiday³	346 per load²
Time spent by a veterinary officer travelling to and from premises	16 per quarter hour or part quarter hour spent, up to a maximum of 96 per visit
¹ “out of hours” means before 8.30 a.m. or after 5 p.m. on a weekday.	¹ “out of hours” means before 8.30 a.m. or after 5 p.m. on a weekday.
---	---
² “public holiday” means Christmas Day, Good Friday or a bank holiday in Wales under the Banking and Financial Dealings Act 1971.	² “public holiday” means Christmas Day, Good Friday or a bank holiday in Wales under the Banking and Financial Dealings Act 1971.
Column 1	Column 2
Persons undertaking extra check	Fee per quarter hour or part quarter hour spent on or after 5 July 2023
Veterinary officer - out of hours¹ checks	21
Veterinary officer – checks at weekends or public holidays²	28
Veterinary officer – checks at all other times	14
Time spent by a veterinary officer travelling to and from premises	16, up to a maximum of 96 per visit

Signed

Lesley Griffiths — Cabinet Secretary for Energy, Planning and Rural Affairs, one of the Welsh Ministers — 2018-05-22

Explanatory note

(This note is not part of the Regulations)

Footnotes

Editorial notes

Salmonella ... control programmes (zoonoses): fees

Fee payable where an activity is carried out over a period during which different fees apply

2A

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.

Refund of fees

Salmonella ... control programmes (zoonoses): fees

Poultry health scheme: fees

Bovine semen: fees

Porcine semen: fees

Bovine embryo (collection, production and transfer): fees

Checking consignments of live animals at border control posts: fees

Revocation

Enwi, cymhwyso a chychwyn

Dehongli

Ad-dalu ffioedd

Y rhaglenni cenedlaethol rheoli salmonela (milheintiau): ffioedd

Y cynllun iechyd dofednod: ffioedd

Semen buchol: ffioedd

Semen moch: ffioedd

Embryonau buchol (casglu, cynhyrchu a throsglwyddo): ffioedd

Gwirio llwythi o anifeiliaid byw mewn arolygfeydd ffin: ffioedd

Dirymu

Y rhaglenni ... rheoli salmonela (milheintiau): ffioedd

Y ffi sy’n daladwy pan fo gweithgaredd yn cael ei gyflawni dros gyfnod pan fo ffioedd gwahanol yn gymwys

Ad-dalu ffioedd

Y rhaglenni ... rheoli salmonela (milheintiau): ffioedd

Y cynllun iechyd dofednod:ffioedd

Semen buchol:ffioedd

Semen moch:ffioedd

Embryonau buchol (casglu, cynhyrchu a throsglwyddo):ffioedd

Gwirio llwythi o anifeiliaid byw mewn safleoedd rheoli ar y ffin: ffioedd

Dirymu