The Animal By-Products (Enforcement) (Wales) Regulations 2011 (revoked)

PART 3 E+W Registration and approval

Procedure for registration of plants and establishments E+W

11.  A notification must be made in writing to the competent authority, where it is made in relation to the following Articles of the EU Control Regulation—

(a) with a view to registration in accordance with Article 23(1); or

(b) to inform the authority of changes in accordance with Article 23(2).

Notifications of competent authority in respect of registration E+W

12.  The competent authority must give notice in writing to—

(a) the operator who has notified in accordance with regulation 11 of—

(i) the registration of such an operator; or

(ii) the decision not to register;

(b) a registered operator of—

(i) a prohibition made under Article 46(2) of the EU Control Regulation (prohibition on operations);

(ii) a requirement to comply with Article 23(1)(b) or (2) of the EU Control Regulation (information on activities and up to date information);

(iii) the amendment of the registration or the ending of the registration where an operator has notified the competent authority of the closure of an establishment in accordance with Article 23(2) (up to date information).

Procedure for approval E+W

13.  Operators to whom Article 24(1) of the EU Control Regulation applies, must apply in writing to the competent authority to be—

(a) approved; or

(b) where Article 33 of the EU Implementing Regulations applies, re-approved.

Notification in respect of decisions on approval E+W

14.  The competent authority must give notice in writing to—

(a) the applicant for approval of the—

(i) grant of approval in accordance with Articles 24 and 44 of the EU Control Regulation;

(ii) grant of conditional approval in accordance with Articles 24 and 44 of the EU Control Regulation, or the extension of such approval in accordance with that Article; or

(iii) refusal to grant approval in accordance with initial application or extension;

(b) where conditional approval has been granted in accordance with Articles 24 and 44 of the EU Control Regulation, the operator of the plant or establishment subject to such approval, of the—

(i) grant of full approval;

(ii) extension of such approval;

(iii) imposition of conditions in accordance with Article 46(1)(c) of the EU Control Regulation;

(iv) suspension of such approval in accordance with Article 46(1)(a) of the EU Control Regulation ;

(v) withdrawal of such approval in accordance with Article 46(1)(b) of the EU Control Regulation;

(vi) making of a prohibition in accordance with Article 46(2) of the EU Control Regulation; or

(vii) refusal to extend or grant full approval;

(c) the operator of an approved plant or establishment of the—

(i) imposition of conditions in accordance with Article 46(1)(c) of the EU Control Regulation (suspension, withdrawal);

(ii) suspension of such approval in accordance with Article 46(1)(a) of the EU Control Regulation;

(iii) making of a prohibition in accordance with Article 46(2) of the EU Control Regulation; or

(iv) withdrawal of such approval in accordance Article 46(1)(b) of the EU Control Regulation.

Reasons for decisions E+W

15.—(1) Where a decision is made by the competent authority as provided in paragraph (2), the competent authority must give reasons in writing for that decision, with the decision.

(2) The types of decision are those made—

(a) under regulation 12(a)(ii) (not to register) or regulation 12(b) (requirements, amendments or ending of registration);

(b) under regulation 14(a)(ii) (conditional approval) or regulation 14(a)(iii) (refusal);

(c) under regulation 14(b)(v) (withdrawal) or regulation 14(b)(vii) (refusal);

(d) under regulation 14(c)(ii) or regulation 14(c)(iv);

(e) under regulation 14(b)(iii) or regulation 14(c)(i);

(f) under regulation 14(b)(vi) or regulation 14(c)(iii).

Appeals procedure E+W

16.—(1) Where the competent authority has made a notification referred to in regulation 15(2), a person may appeal against it by making written representations to a person appointed for the purpose by the Welsh Ministers within 21 days of the notification of that decision.

(2) The competent authority may also make written representations to the appointed person concerning the decision.

(3) The appointed person must then report in writing to the Welsh Ministers.

(4) The Welsh Ministers must give to the applicant written notification of the final determination of the Welsh Ministers and the reasons for it.