The Products of Animal Origin (Third Country Imports) (Wales) Regulations 2002

PART IX CHARGES FOR VETERINARY CHECKS

Payment of charges

48.—(1) A reasonable charge calculated in accordance with regulations 49 and 50 and Schedule 5 shall be made for veterinary checks carried out on a consignment at a border inspection post.

(2) The charge shall be made by and payable to the National Assembly, a local authority or the Agency, whichever is responsible, pursuant to regulations 4 and 5, for executing and enforcing these Regulations at the border inspection post where the veterinary checks are carried out.

Calculation of charges

49.  The charge for veterinary checks shall cover the costs listed in Part I of Schedule 5 and shall be calculated in accordance with Part II, III, IV or V, as the case may be, of Schedule 5.

Conversion of charges to sterling

50.  Charges expressed in euro in Schedule 5 shall be converted to pounds sterling at the rate of conversion published in the “C” Series of the Official Journal of the European Communities in September of the calendar year preceding that in which the relevant veterinary check was carried out.

Liability for charges

51.  The person responsible for a consignment shall pay on demand the charge made for the veterinary checks carried out on the consignment.

Information relating to charges

52.—(1) The National Assembly, a local authority or the Agency shall, if so requested in writing, supply to any person who presents products pursuant to regulation 18, or to any organisation representing such persons, details of the calculations which it uses to determine charges for veterinary checks and shall take into account any representations made by such person or organisation in determining such charges.

(2) If requested in writing so to do by the National Assembly or the Agency, a local authority shall provide the National Assembly or the Agency, as the case may be, with such information as it may require relating to the calculation of charges for veterinary checks, and with copies of any written representations made by persons or organisations referred to in paragraph (1).

Appeals against charges

53.—(1) Any person who has paid a charge for veterinary checks to a local authority, and any organisation representing such persons, may, within 28 days of the charge being made, appeal on the ground that the amount of the charge is unreasonable—

(a) to the National Assembly, where the charge is for a veterinary check carried out otherwise than in relation to any function of the Agency; and

(b) to the Agency, where the charge is for a veterinary check carried out in relation to any function of the Agency.

(2) Where there is an appeal under paragraph (1), the National Assembly or the Agency, as the case may be, shall consult with the local authority and, if then satisfied that the amount of the charge is unreasonable, shall so inform the local authority, and the local authority shall recalculate the amount of the charge in accordance with any directions given by the National Assembly or the Agency and repay to the person who has paid the charge the difference between the original charge and the recalculated charge.

(3) Any person who has paid a charge for a veterinary check to the National Assembly or the Agency, and any organisation representing such persons may, within 28 days of the charge being made, appeal to an independent person appointed by the National Assembly or, where the charge was paid to the Agency, by the Secretary of State for Health, on the ground that the amount of the charge is unreasonable.

(4) The terms of appointment and the remuneration of the independent person referred to in paragraph (3) shall be determined by the National Assembly or, where the charge was paid to the Agency, by the Agency.