Statutory Instruments
2009 No. 2043
Animals, England
Animal Health
The Zoonoses and Animal By-Products (Fees) (England) Regulations 2009
Made
21st July 2009
Laid before Parliament
24th July 2009
Coming into force
17th August 2009
The Secretary of State, in exercise of the powers conferred by section 56(1) and (2) of the Finance Act 1973( 1 ) and paragraph 1A of Schedule 2 to the European Communities Act 1972( 2 ) with the consent of the Treasury, makes 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 Secretary of State that it is expedient for certain references to provisions of Community instruments to be construed as a reference to those provisions as amended from time to time.
Title, application and commencement I1
1. —(1) These Regulations may be cited as the Zoonoses and Animal By-Products (Fees) (England) Regulations 2009.
(2) They apply in England only.
(3) They come into force on 17 August 2009.
Interpretation I2
2. In these Regulations—
“the 2005 Regulations” means the Animal By-Products Regulations 2005( 3 );
“the European Regulation” 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( 4 ) as amended from time to time;
“ official control samples ” means samples taken by the Secretary of State under any of the following—
point 2.1.2.2 of the Annex to Commission implementing Regulation Regulation (EC) No 1003/2005 (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 ( 5 ), as amended from time to time;
point 2.1 of the Annex to Commission implementing Regulation Regulation (EC) No 1168/2006 (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 ( 6 ), as amended from time to time; or
point 1(b) and (c) of the Annex to Commission implementing Regulation 2160/2003 as regards a Community target for the reduction of the prevalence of certain salmonella serotypes in broiler flocks of Regulation (EC) No 646/2007 Gallus gallus and repealing Regulation (EC) No 1091/2005 ( 7 ), as amended from time to time.
Fees I3
3. The fees prescribed in the Schedule must be paid to the Secretary of State by the person indicated in the Schedule and must be paid within 14 days of demand.
Revocation I4
4. The Zoonoses and Animal By-Products (Fees) (England) Regulations 2008 (No. 2) ( 8 ) are revoked.
Jim Fitzpatrick
Minister of State
Department for Environment, Food and Rural Affairs
9th July 2009
Tony Cunningham
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
21st July 2009
Regulation 3
SCHEDULE I5
| Activity | Fee (£) | Fee to be paid by: |
|---|---|---|
Taking or supervising the taking of official control samples | 66 plus 29 per ½ hour (or part of ½ hour) | The person in charge of the holding |
Examination of official control samples | 15.30 per sample | The person in charge of the holding |
| Processing of an application for approval of a laboratory under Regulation 21 of the 2005 Regulations or Article 12 of the European Regulation | 13 | The operator of the laboratory |
Processing of annual registration documentation in respect of a laboratory approved under Regulation 21 of the 2005 Regulations or Article 12 of the European Regulation | 31 | The operator of the laboratory |
Inspecting a laboratory for the purpose of Regulation 21 of the 2005 Regulations or Article 12 of the European Regulation for— (a) one test (b) two tests (c) three tests (d) four tests | 631 650.50 670 689.50 | The operator of the laboratory |
Administering a quality control test under Regulation 21 of the 2005 Regulations or Article 12 of the European Regulation for— (a) Salmonella (b) Enterobacteriaceae (c) Clostridium perfringens | 36 67 67 | The operator of the laboratory |
Conducting tests under point 4(b)(i) of part D of Annex II to the European Regulation( 9 ) | 107.10 | The person in charge of the holding |
Conducting tests under point 4(b)(ii) of part D of Annex II to the European Regulation | 3,435 | The person in charge of the holding |
Conducting tests under point 4(b)(iii) of part D of Annex II to the European Regulation | 2,235 | The person in charge of the holding |
1972 c. 68 ; paragraph 1A was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51) .
S.I. 2005/2347 as amended by S.I. 2009/119 .
OJ No L325, 12.12.2003, p1, as last amended by Council Regulation (EC) No 1237/2007 (OJ No L 280, 24.10.2007, p5). There is a derogation until 3 rd April 2012 from the scope of the Regulation in Commission Regulation (EC) 199/2009 (0J No L 70, 14.3.2009, p9), and it was prospectively (with effect from 1 st January 2010) amended by Commission Regulation (EC) 213/2009 (OJ No L 73, 19.3.2009, p5).
OJ No L 170, 1.7.2005, p12, amended by Commission Regulation (EC) No 1168/2006 (OJ No L 211, 1.8.2006, p 4).
OJ No L 211, 1.8.2006, p4.
OJ No L 151, 13.6.2007, p21.
Regulation 1237/2007 has substituted a new Part D to Annex II to Regulation 2160/2003.