The Animal By-Products and Pet Passport Fees (England) Regulations 2018

Statutory Instruments

2018 No. 666

Animals, England

Animal Health

The Animal By-Products and Pet Passport Fees (England) Regulations 2018

Made

24th May 2018

Laid before Parliament

1st June 2018

Coming into force

30th June 2018

The Secretary of State, with the consent of the Treasury, makes these Regulations in exercise of powers conferred by section 56(1) and (2) of the Finance Act 1973(1).

Citation and commencement E+W

1.  These Regulations may be cited as the Animal By-Products and Pet Passport Fees (England) Regulations 2018 and come into force on 30th June 2018.

Commencement Information

I1 Reg. 1 in force at 30.6.2018, see reg. 1

Refund of fees E+W

2.—(1) This regulation applies where an application for which a fee is payable under these Regulations is withdrawn before being determined.

(2) The Secretary of State must refund such proportion of the fee paid in respect of that application as the Secretary of State thinks fit, having regard to any reasonable costs incurred by the Secretary of State in connection with the application.

Commencement Information

I2 Reg. 2 in force at 30.6.2018, see reg. 1

Animal by-products and derived products: fees E+W

3.—(1) The fees payable to the Secretary of State for applications in connection with approval activities under Article 24 and 44 of the EU Control Regulation are to be determined in accordance with Table 1 of the Schedule.

(2) The fees payable to the Secretary of State in connection with inspection activities under [F1 Article 20 of the Official Controls Regulation] are to be determined in accordance with Table 2 of the Schedule.

(3) Expressions used in the Schedule have the same meaning as in the EU Control Regulation.

(4) In this regulation and in the Schedule—

“approval” includes a conditional approval under Article 44(2) of the EU Control Regulation;

“EU Control Regulation” means Regulation (EC) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption(2);

[F2 “Official Controls Regulation” means Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products;]

“veterinary officer” means a veterinary surgeon employed by the Secretary of State.

Textual Amendments

F1 Words in reg. 3(2) substituted (1.7.2023) by The Animal By-Products, Pet Passport and Animal Health (Fees) (England) (Amendment) Regulations 2023 (S.I. 2023/714), regs. 1(1), 2(2)(a)

F2 Words in reg. 3(4) inserted (1.7.2023) by The Animal By-Products, Pet Passport and Animal Health (Fees) (England) (Amendment) Regulations 2023 (S.I. 2023/714), regs. 1(1), 2(2)(b)

Commencement Information

I3 Reg. 3 in force at 30.6.2018, see reg. 1

Pet passports: fees E+W

F3 4.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Reg. 4 omitted (1.7.2023) by virtue of The Animal By-Products, Pet Passport and Animal Health (Fees) (England) (Amendment) Regulations 2023 (S.I. 2023/714), regs. 1(1), 2(3)

Gardiner of Kimble

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

23rd May 2018

We consent

Andrew Stephenson

Rebecca Harris

Two of the Lords Commissioners of Her Majesty’s Treasury

24th May 2018

Regulation 3

SCHEDULE E+W Animal by-products and derived products: fees

Commencement Information

I4 Sch. in force at 30.6.2018, see reg. 1

Table 1

Fees payable by the operator of an establishment or plant for an application for approval or conditional approval under Articles 24 and 44 of the EU Control Regulation

Activity	[F4 Fee (£) for applications received on or after 1st July 2023 but before 1st July 2024	Fee (£) for applications received on or after 1st July 2024
Time spent by a veterinary officer travelling to and from premises for the purpose of carrying out the activities identified in this Table and Table 2	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
Time spent by an officer employed by the Secretary of State (other than a veterinary officer) travelling to and from premises for the purpose of carrying out the activities identified in this Table and Table 2	12 per quarter hour or part quarter hour spent up to a maximum of 72	12 per quarter hour or part quarter hour spent up to a maximum of 72
Consideration of an application for approval of a rendering plant that includes a site visit of up to 60 minutes	2,134.50	2484
Consideration of an application for approval of an establishment or plant carrying out the transformation of animal by-products and/or derived products into compost that includes a site visit of up to 60 minutes	1,147	1,343
Consideration of an application for approval of an establishment or plant carrying out the transformation of animal by-products and/or derived products into biogas that includes a site visit of up to 60 minutes	1,147	1,343
Consideration of an application for approval of an establishment or plant carrying out the handling of animal by-products after their collection, by way of operations such as sorting, cutting, chilling, freezing, salting, removal of hides and skins, or removal of specified risk material, that includes a site visit of up to 60 minutes	586	687
Consideration of an application for approval of an establishment or plant carrying out the storage of animal by-products or derived products that includes a site visit of up to 60 minutes	586	687
Consideration of an application for approval of an incinerator plant that includes a site visit of up to 60 minutes	476	557
Consideration of an application for approval of an establishment or plant manufacturing pet food that includes a site visit of up to 60 minutes	476	557
Time spent by a veterinary officer for the purpose of carrying out activities identified in this Table after the first 60 minutes of a site visit to assess suitability for approval	22 per quarter hour or part quarter hour spent	22 per quarter hour or part quarter hour spent
Time spent by an officer employed by the Secretary of State (other than a veterinary officer) for the purpose of the administration of additional visits and connected activities	11 per quarter hour or part quarter hour spent	11 per quarter hour or part quarter hour spent
Additional administrative fee for production of invoices for additional visits and connected activities	21 per invoice	21 per invoice]

Textual Amendments

F4 Words in Sch. Table 1 substituted (1.7.2023) by The Animal By-Products, Pet Passport and Animal Health (Fees) (England) (Amendment) Regulations 2023 (S.I. 2023/714), regs. 1(1), 2(4)(a)

Table 2

Fees payable by the operator of an establishment or plant for inspection site visits undertaken under [F5 Article 20 of the Official Controls Regulation]

Activity	[F6 Fee (£) for inspection site visits undertaken on or after 1st July 2023 but before 1st July 2024	Fee (£) for inspection site visits undertaken on or after 1st July 2024
Time spent by a veterinary officer of the Secretary of State for the purpose of an inspection site visit that lasts longer than 30 minutes	22 per quarter hour or part quarter hour spent	22 per quarter hour or part quarter hour spent
Time spent by an officer employed by the Secretary of State (other than a veterinary officer) for the purpose of an inspection site visit that lasts longer than 30 minutes	12 per quarter hour or part quarter hour spent	12 per quarter hour or part quarter hour spent
Time spent organising an inspection site visit and dealing with any action points arising from the visit by an officer of the Secretary of State (other than a veterinary officer)	11 per quarter hour or part quarter hour spent	11 per quarter hour or part quarter hour spent
Fee for the carrying out of the first 30 minutes of an inspection site visit where either an annual or biennial inspection of an approved or registered establishment or plant is required under the [F7 Official Controls Regulation]	188 per visit	219 per visit
Annual fee for the carrying out of the first 30 minutes of each of four inspection site visits to inspect an approved or registered establishment or plant where quarterly inspections are required under the [F7 Official Controls Regulation]	752 per year	876 per year
Annual fee for the carrying out of the first 30 minutes of each of twelve inspection site visits of an approved or registered establishment where monthly inspections are required under the [F7 Official Controls Regulation]	2,256 per year	2,628 per year]

Textual Amendments

F5 Words in Sch. Table 2 heading substituted (1.7.2023) by The Animal By-Products, Pet Passport and Animal Health (Fees) (England) (Amendment) Regulations 2023 (S.I. 2023/714), regs. 1(1), 2(4)(b)(i)

F6 Words in Sch. Table 2 substituted (1.7.2023) by The Animal By-Products, Pet Passport and Animal Health (Fees) (England) (Amendment) Regulations 2023 (S.I. 2023/714), regs. 1(1), 2(4)(b)(iii)

F7 Words in Sch. Table 2 substituted (1.7.2023) by The Animal By-Products, Pet Passport and Animal Health (Fees) (England) (Amendment) Regulations 2023 (S.I. 2023/714), regs. 1(1), 2(4)(b)(ii)

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision for the introduction of fees payable for services provided by the Animal and Plant Health Agency, an executive agency of the Department for Environment, Food and Rural Affairs.

The fees provided for by regulation 3, and set out in the Schedule, are payable by operators of establishments and plants that are required to be approved by the Regulation (EC) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products.

These new fees are set at 50% of the full cost recovery of fees incurred by the Secretary of State on applications received on or before 30th June 2019, and then set at 100% of the full cost recovery thereafter.

The fees in regulation 4 are new fees payable in respect of the delivery of pet animal passports to authorised veterinarians for the purpose of the issuing of a pet passport to enable a dog, cat or ferret to travel abroad with their owner.

An impact assessment has not been produced for this instrument as no negative impact on the costs of the private or voluntary sectors is foreseen.

(1)

1973 c.51.

(2)

OJ No L 300, 14.11.2009, p 1. There are amendments not relevant to these Regulations.