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Statutory Instruments made by the National Assembly for Wales


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STATUTORY INSTRUMENTS


2005 No. 3297 (W.255)

FOOD, WALES

The Fishery Products (Official Controls Charges) (Wales) Regulations 2005

  Made 30 November 2005 
  Coming into force 1 January 2006 

The National Assembly for Wales, being designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to measures relating to food (including drink) including the primary production of food, in exercise of the powers conferred by that section, after open and transparent public consultation during the preparation of these Regulations as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety[3], as last amended by Regulation (EC) No. 1642/2003 of the European Parliament and of the Council[4], makes the following Regulations:



PART I

PRELIMINARY

Title, commencement and application
     1. The title of these Regulations is the Fishery Products (Official Controls Charges) (Wales) Regulations 2005, they come into force on 1 January 2006, and apply in relation to Wales.

Interpretation
    
2. In these Regulations—

other than relevant fishery products being sold for the first time in Wales and third country imports;

    (2) Any reference in these Regulations to a food authority includes a reference to a port health authority and in the context of such a reference any reference to a food authority's area includes a reference to a port health authority's district.

Actual costs
     3. —(1) For the purposes of these Regulations, the actual costs of exercising official controls are the aggregate of costs of the types specified in paragraph (2) directly incurred in the exercise of the official controls required under Annex III to Regulation 854/2004.

    (2) The types of costs are—

Sterling equivalents of Euro
    
4. —(1) Any reference in these Regulations to a specified number of Euros is deemed to be a reference to the sterling equivalent of that number calculated in accordance with paragraph (2).

    (2) The sterling equivalent of a specified number of Euros is calculated by multiplying that number by the Euro/sterling conversion rate specified in paragraph (3).

    (3) The Euro/sterling conversion rate will be—

Account period
    
5. —(1) For the purposes of these Regulations, the account period is one month or such longer period not exceeding twelve months as is determined by the relevant food authority.

    (2) The account period must be determined with a view to reducing to a reasonable amount, in comparison with the charges which are expected to fall due, the costs of—

Recovery of charges
    
6. Where any duty to pay a charge is imposed under these Regulations on either of two persons, the authority to which the charge is payable may recover it—

Calculation, payment and repayment of charges
    
7. —(1) Where any relevant food authority becomes aware that a charge is due to it under these Regulations it must—

    (2) If the relevant food authority or competent authority is satisfied that a calculation made under paragraph (1) is incorrect, it must recalculate the charge and—

Appeals
    
8. —(1) A person may appeal against any decision of an authority imposing a charge under these Regulations.

    (2) The appeal will be heard by a magistrates' court and section 37(3), (5) and (6) of the Food Safety Act 1990 applies in relation to such an appeal as it applies in relation to an appeal under section 37(1)(c) of that Act.

    (3) On any such appeal, the court may—

    (4) Pending the outcome of the appeal the original amount of the charge will remain payable, but if after the court's decision the amount of the charge needs to be recalculated, the new amount of the charge will have effect from the date on which the original charge was made and the sum equal to that new amount will be payable to the authority concerned.

    (5) If the court determines that the amount of any charge imposed under these Regulations is less than the amount which any person has paid to an authority in respect of it, the overpayment must be reimbursed by that authority.

Charges payable to more than one food authority
    
9. In any case where the exercise of official controls is deferred and the food authority responsible for the exercise of official controls on vessels and on conditions of landing ("authority A"), or the food authority responsible for the exercise of the official controls required under Chapter II of Annex III to Regulation 854/2004 ("authority B"), is not the relevant food authority to which a charge is required to be paid under these Regulations ("authority C"), authority C must remit—



PART II

OFFICIAL CONTROLS CHARGES OTHER THAN CHARGES FOR DIRECT LANDINGS OF FISHERY PRODUCTS FROM THIRD COUNTRY VESSELS AND THIRD COUNTRY IMPORTS

General landings charge
    
10. —(1) The first sale in Wales of relevant landed fishery products is a chargeable transaction for the purposes of this Part.

    (2) Where there is a chargeable transaction, the vendor must include in the price which is charged to the purchaser an amount equal to the charge referred to in this Part as "the general landings charge".

    (3) Subject to paragraph (4) and regulation 11, the amount of the general landings charge is a contribution in respect of the expenditure incurred in exercising the official controls required under Chapter II of Annex III to Regulation 854/2004 of 1 Euro per tonne for the first 50 tonnes of relevant landed fishery products and 0.5 Euro per tonne for each additional tonne of such products.

    (4) Where the actual costs attributable to the exercise of official controls in relation to an unloaded consignment of specified pelagic fish do not exceed 50 Euros, the general landings charge in respect of that consignment must not exceed that amount.

    (5) The vendor must pay the general landings charge to the relevant food authority.

Reduction of the general landings charge
    
11. The relevant food authority to which a charge is payable under regulation 10(5) must reduce that charge by 55% where any of the official controls required under Chapter II of Annex III to Regulation 854/2004 are facilitated on the basis that—

Collection and remittance of charges relating to general landings
    
12. —(1) Within 7 days of the end of each account period in which a vendor enters into a chargeable transaction, the vendor must make a written return in respect of that transaction to the relevant food authority to which the general landings charge is payable.

    (2) The return must give information which relates to the chargeable transaction entered into during that account period or, if there has been more than one such transaction, information in respect of the aggregate of the transactions.

    (3) A return made under this regulation must include the following information—

    (4) During the period of 1 year beginning on the day on which a vendor makes a return under this regulation—

Charge for fishery products landed from factory vessels
    
13. —(1) Subject to paragraph (2), by way of contribution in respect of the expenditure incurred by the relevant food authority in exercising the official controls required under Annex III to Regulation 854/2004, the owner or master of a factory vessel must pay to that authority 1 Euro per tonne of fishery products which is landed.

    (2) The charge payable under paragraph (1) is be payable in addition to the charge payable under regulation 10 but does not apply in relation to third country imports or relevant fishery products which are sold for the first time in Wales.

Reduction of the charge in respect of products landed from factory vessels
    
14. The relevant food authority to which a charge is payable under regulation 13 must reduce that charge by 55% where—

Collection and remittance of the factory vessel charge
    
15. —(1) Within 7 days of the end of each account period in which fishery products in respect of which a charge is payable under regulation 13 have been landed from a factory vessel, the owner or master of the vessel who is responsible for paying that charge must make a written return in respect of it to the relevant food authority to which it is payable.

    (2) The return must give information which relates to the landing of fishery products from a factory vessel during that account period or, if there has been more than one such landing, information in respect of the aggregate of them.

    (3) A return made under this regulation must include the following information—

    (4) During the period of 1 year beginning on the day on which a master or owner makes a return under this regulation—

Charge in respect of factory vessels abroad
    
16. In respect of the expenditure incurred by the competent authority in exercising the official controls required under paragraph 2(c) and (3)(a) (insofar as it relates to factory vessels) or 3(b) of Chapter I of Annex III to Regulation 854/2004, the owner or master of a factory vessel must pay to that authority the actual costs of the official controls.

Charge in respect of preparation or processing establishments
    
17. By way of contribution in respect of the expenditure incurred by the relevant food authority in exercising the official controls required under Annex III to Regulation 854/2004 in respect of a preparation or processing establishment, the proprietor or operator of the establishment must pay to that authority 1 Euro per tonne of fishery products entering that establishment.

Reduction of the charge in respect of preparation or processing establishments
    
18. The relevant food authority to which a charge is payable under regulation 17 must reduce that charge by 55% where preparation or processing is carried out—

Collection and remittance of charges relating to preparation or processing establishments
    
19. —(1) Within 7 days of the end of each account period in which fishery products have entered a preparation or processing establishment, the proprietor or operator who is responsible for paying the charge under regulation 17 relating to that establishment must make a written return in respect of that charge to the relevant food authority to which it is payable.

    (2) The return must give information which relates to the fishery products which have entered that establishment during that account period.

    (3) A return made under this regulation must include the following information—

    (4) During the period of one year beginning on the day on which a proprietor or operator makes a return under this regulation—

Charges in respect of other establishments
    
20. In respect of the expenditure incurred by the relevant food authority in carrying out a programmed inspection for the purposes of the official controls required under Annex III to Regulation 854/2004, the proprietor of an establishment in which fishery products are only chilled, frozen, packaged or stored must pay to that authority the actual costs of that programmed inspection.



PART III

OFFICIAL CONTROLS CHARGES FOR DIRECT LANDINGS FROM THIRD COUNTRY VESSELS

Charge in respect of official checks on third country direct landings
    
21. —(1) When any relevant fishery products are sold for the first time in Wales (referred to in this Part as a "chargeable transaction"), the vendor must include in the price which the purchaser is required to pay for them an amount equal to the charge referred to in this Part as the "third country direct landings charge".

    (2) Subject to regulation 22, the amount of the third country direct landings charge is—

    (3) The vendor must pay the third country direct landings charge to the relevant food authority.

Reduction of the third country direct landings charge
    
22. The relevant food authority to which a charge is payable under regulation 21(3) must reduce by 55% the part of the third country direct landings charge which is calculated in accordance with regulation 21(2)(a) where any of the official controls required under Chapter II of Annex III to Regulation 854/2004 are facilitated on the basis that—

Collection and remittance arrangements
    
23. —(1) A vendor who has entered into a chargeable transaction must within 7 days of the end of the account period during which the chargeable transaction took place make a return in respect of it to the relevant food authority to which the third country direct landings charge is payable or, if there has been more than one such transaction, information in respect of the aggregate of the transactions.

    (2) The vendor must include in that return the following information—

    (3) The vendor must, in addition to the information required under paragraph (2), include in the return information on—



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[
11].


D. Elis-Thomas
The Presiding Officer of the National Assembly

30 November 2005



THE SCHEDULE
Regulation 2(1)


DEFINITIONS OF COMMUNITY LEGISLATION


"Directive 2004/41" means Directive 2004/41/EC of the European Parliament and of the Council repealing certain directives concerning food hygiene and health conditions for the production and placing on the market of certain products of animal origin intended for human consumption and amending Council Directives 89/662/EEC and 92/118/EEC and Council Decision 95/408/EC[
12];

"Regulation 178/2002" means Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety as last amended by Regulation (EC) No. 1642/2003 of the European Parliament and of the Council amending Regulation (EC) No. 178/2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety;

"Regulation 852/2004" means Regulation (EC) No. 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs[13] as read with Regulation A and Regulation B;

"Regulation 853/2004" means Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin[14] as amended by Regulation C and Regulation E and as read with Directive 2004/41, Regulation A, Regulation C and Regulation E;

"Regulation 854/2004" means Regulation (EC) No. 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption[15] as amended by Regulation 882/2004, Regulation C and Regulation E and as read with Directive 2004/41, Regulation C, Regulation D and Regulation E;

"Regulation 882/2004" means Regulation (EC) No. 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules[16] as read with Regulation C and Regulation E;

"Regulation A" means the Commission Regulation of 20 July 2005 implementing Regulation (EC) No. 853/2004 of the European Parliament and of the Council as regards special guarantees concerning salmonella for consignments to Finland and Sweden of certain meat and eggs;

"Regulation B" means the Commission Regulation of 23 September 2005 on microbiological criteria for foodstuffs;

"Regulation C" means the Commission Regulation of 23 September 2005 laying down implementing measures for certain products under Regulation (EC) No. 853/2004, for the organisation of official controls under Regulations (EC) Nos. 854/2004 and 882/2004, derogating from Regulation (EC) No. 852/2004 and amending Regulations (EC) Nos. 853/2004 and 854/2004;

"Regulation D" means the Commission Regulation of 23 September 2005 laying down specific rules on official controls for Trichinella in meat; and

"Regulation E" means the Commission Regulation of 5 October laying down transitional arrangements for the implementation of Regulations (EC) No. 853/2004, (EC) Nos. 854/2004 and 882/2004 of the European Parliament and of the Council and amending Regulations (EC) Nos. 853/2004 and 854/2004.



EXPLANATORY NOTE

(This note is not part of the Regulations)


     1. These Regulations implement in relation to Wales the provisions relating to charges for carrying out official controls under Regulation (EC) 853/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption.

     2. These Regulations—

     3. A full Regulatory Appraisal on the effect that these Regulations will have on the costs of business has been prepared and placed in the library of the National Assembly for Wales. Copies may be obtained from the Food Standards Agency, 11th Floor, Southgate House, Wood Street, Cardiff CF10 1EW.


Notes:

[1] S.I. 2005/1971.back

[2] 1972 c.68.back

[3] OJ No. L31, 1.2.2002, p.1. That Regulation was last amended by Regulation (EC) No. 1642/2003 of the European Parliament and of the Council (OJ No. L245, 29.9.2003, p.4).back

[4] OJ No. L245, 29.9.2003, p.4.back

[5] S.I. 2005/3292 (W.252)back

[6] 1992 c.4.back

[7] OJ No. L139, 30.4.2004, p.55. The revised text of Regulation (EC) No. 853/2004 is now set out in a Corrigendum (OJ No. L226, 25.6.2004, p.22).back

[8] 1990 c.16; section 5 was amended by paragraphs 8 and 9 of Schedule 5 to the Food Standards Act 1999 (1999 c.28).back

[9] 1984 c.22.back

[10] S.I. 2004/1430 (W.144).back

[11] 1998 c.38.back

[12] OJ No. L157, 30.4.2004, p.33. The revised text of Directive 2004/41/EC is now set out in a Corrigendum (OJ No. L195, 2.6.2004, p.12).back

[13] OJ No. L139, 30.4.2004, p.1. The revised text of Regulation (EC) No. 852/2004 is now set out in a Corrigendum (OJ No. L226, 25.6.2004, p.3).back

[14] OJ No. L139, 30.4.2004, p.55. The revised text of Regulation (EC) No. 853/2004 is now set out in a Corrigendum (OJ No. L226, 25.6.2004, p.22).back

[15] OJ No. L155, 30.4.2004, p.206. The revised text of Regulation (EC) No. 854/2004 is now set out in a Corrigendum (OJ No. L226, 25.6.2004, p.83).back

[16] OJ No. L165, 30.4.2004, p.1. The revised text of Regulation (EC) No. 882/2004 is now set out in a Corrigendum (OJ No. L191, 28.5.2004, p.1).back



Cymraeg (Welsh)



ISBN 0 11 091234 9


 © Crown copyright 2005

Prepared 8 December 2005


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