The Meat (Official Controls Charges) (Wales) (No. 2) Regulations 2007

Regulation 2

SCHEDULE 1 E+W DEFINITIONS OF COMMUNITY LEGISLATION

Commencement Information

I1 Sch. 1 in force at 31.12.2007, see reg. 1

“Directive 2004/41” (“Cyfarwyddeb 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(1);

“Regulation 178/2002” (“Rheoliad 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(2);

“Regulation 852/2004” (“Rheoliad 852/2004”) means Regulation (EC) No. 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs(3) as read with Commission Regulation (EC) No. 2073/2005;

“Regulation 853/2004” (“Rheoliad 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(4) as read with Directive 2004/41, Regulation 1688/2005, Regulation 2074/2005 and Regulation 2076/2005;

“Regulation 854/2004” (“Rheoliad 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(5) as read with Directive 2004/41, Regulation 2074/2005, Regulation 2075/2005 and Regulation 2076/2005;

“Regulation 882/2004” (“Rheoliad 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(6) as read with Regulation 2074/2005 and Regulation 2076/2005;

“Regulation 1688/2005” (“Rheoliad 1688/2005”) means Commission Regulation (EC) No. 1688/2005 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(7);

“Regulation 2073/2005” (“Rheoliad 2073/2005”) means Commission Regulation (EC) No. 2073/2005 on microbiological criteria for foodstuffs(8);

“Regulation 2074/2005” (“Rheoliad 2074/2005”) means Commission Regulation (EC) No. 2074/2005 laying down implementing measures for certain products under Regulation (EC) No. 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No. 854/2004 of the European Parliament and of the Council and Regulation (EC) No. 882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No. 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004(9);

“Regulation 2075/2005” (“Rheoliad 2075/2005”) means Commission Regulation (EC) No. 2075/2005 laying down specific rules on official controls for Trichinella in meat(10); and

“Regulation 2076/2005” (“Rheoliad 2076/2005”) means Commission Regulation (EC) No. 2076/2005 laying down transitional arrangements for the implementation of Regulations (EC) No. 853/2004, (EC) No. 854/2004 and (EC) No. 882/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004(11).

Regulation 2

SCHEDULE 2 E+W CALCULATION OF THE OFFICIAL CONTROLS CHARGE

The official controls charge E+W

1.  Subject to paragraph 2, the official controls charge payable by the operator of any premises for any accounting period will be the lower of —

(a) the sum of —

(i) the standard charge incurred in relation to those premises for that period, and

(ii) any additional charge incurred in relation to those premises for that period by virtue of paragraph 6; and

(b) the time costs generated by those premises for that period.

Commencement Information

I2 Sch. 2 para. 1 in force at 31.12.2007, see reg. 1

2.—(1) This paragraph applies where the official controls charge calculated under paragraph 1 for any accounting period (amount A), when added to the official controls charge payable in respect of all earlier accounting periods falling within the same financial period (amount B), produces a total (amount C) which is greater than the amount of the official controls charge which would be payable under paragraph 1 if those accounting periods were one accounting period (amount D).

(2) Where this paragraph applies, the official controls charge payable by an operator for an accounting period is the amount by which amount D exceeds amount B.

(3) In this paragraph “financial period” (“cyfnod ariannol”) means—

(a) the period commencing on 26 March 2007 and ending on 30 March 2008; and

(b) thereafter, the period commencing on the Monday immediately following the last Sunday in March in any year and ending on the last Sunday in March in the following year.

Commencement Information

I3 Sch. 2 para. 2 in force at 31.12.2007, see reg. 1

The standard charge E+W

3.  The standard charge for any accounting period payable by the operator of a slaughterhouse is to be calculated by multiplying the rate specified in the following Table applicable to a given type of animal by the number of animals of that type slaughtered and/or dressed there in the period.

Commencement Information

I4 Sch. 2 para. 3 in force at 31.12.2007, see reg. 1

4.  The standard charge for any accounting period payable by the operator of a game-handling establishment in respect of wild game dressed there during that period is to be calculated by multiplying the rate specified in the following Table applicable to a given type of animal that is categorised as wild game by the number of animals of that type dressed there in the period.

Type of animal	Rate per type of animal in Pounds Sterling
Bovine animals
—aged less than 8 months at slaughter	1.7670
—aged 8 months or more at slaughter	3.3788
Solipeds and equidae	3.1099
Pigs
—carcase weight less than 25 kg	0.3534
—carcase weight equal to or greater than 25 kg	0.9189
Sheep and goats
—carcase weight less than 12 kg	0.1237
—carcase weight between 12 and 18 kg inclusive	0.2474
—carcase weight greater than 18 kg	0.3534
Poultry
— all broilers; all cast hens; other poultry weighing less than 2 kg	0.0071
—poultry (not being broilers or cast hens) weighing at least 2 kg (except those which are adult and weigh at least 5 kg)	0.0142
—poultry (not being broilers or cast hens) being adult and weighing at least 5 kg	0.0282
Duck and geese
—weighing less than 2 kg	0.0071
—weighing at least 2 kg (except those which are adult and weigh at least 5 kg)	0.0142
—adult and weighing at least 5 kg	0.0282
Turkeys
—any weight (except those which are adult and weigh at least 5 kg)	0.0169
—adult and weighing at least 5 kg	0.0282
Farmed rabbits
—weighing less than 2 kg	0.0071
—weighing at least 2 kg (except those which are adult and weigh at least 5 kg)	0.0142
—adult and weighing at least 5 kg	0.0282
Small game birds
—weighing less than 2 kg	0.0071
—weighing at least 2 kg (except those which are adult and weigh at least 5 kg)	0.0142
—adult and weighing at least 5 kg	0.0282
Small ground game
—weighing less than 2 kg	0.0071
—weighing at least 2 kg (except those which are adult and weigh at least 5 kg)	0.0142
—adult and weighing at least 5 kg	0.0282
Ratites	0.9189
Land mammals
—boars	1.0136
—ruminants of carcase weight no more than 18 kg	0.3379
—ruminants of carcase weight greater than 18 kg	0.3534

Commencement Information

I5 Sch. 2 para. 4 in force at 31.12.2007, see reg. 1

5.  The standard charge for any accounting period payable by the operator of a cutting plant or of a game-handling establishment in respect of meat brought into the plant or establishment during that period for the purposes of being cut up or boned there is to be calculated by multiplying by £2.1204 the number of tonnes of such meat.

Commencement Information

I6 Sch. 2 para. 5 in force at 31.12.2007, see reg. 1

The additional charge E+W

6.—(1) Where in respect of an accounting period the Agency incurs increased costs because of inefficiency in the operation of premises, it may, in accordance with this paragraph, add an additional charge to the standard charge incurred in relation to the premises for that period.

(2) The additional charge is a sum equal to the time costs generated by the inefficiency for the accounting period concerned.

(3) The Agency may not make an additional charge in accordance with this paragraph unless it has notified the operator of its intention to do so.

(4) The notification referred to in sub-paragraph (3) must be given as soon as is practicable after the Agency has concluded that it wishes to make an additional charge in accordance with this paragraph.

(5) For the purposes of this paragraph “inefficiency” (“aneffeithlonrwydd”) means inefficiency on the part of the operator and includes in particular —

(a) delay in the start of slaughtering attributable to the operator;

(b) mechanical breakdown caused by lack of maintenance;

(c) enforcement action taken by the Agency or an official;

(d) under-employment of inspectors caused by the operator’s failure to adhere to the working hours or working practices agreed for the purposes of this paragraph pursuant to sub-paragraph (6);

(e) insufficient provision of slaughter staff caused by the operator’s failure to adhere to the working hours or working practices agreed for the purposes of this paragraph pursuant to sub-paragraph (6);

(f) delays caused by risks to the health or safety of inspectors attributable to the operator; and

(g) any change to the working hours or working practices agreed for the purposes of this paragraph pursuant to sub-paragraph (6) which is attributable to the operator.

(6) For the purposes of sub-paragraph (5)(d), (e) and (g), the Agency and the operator must agree working hours and working practices and keep the working hours and working practices so agreed under review.

(7) Where, following any such review, it appears to the Agency and the operator that it is appropriate to do so, they may by further agreement vary any working hours or working practices agreed pursuant to sub-paragraph (6).

(8) Where any working hours or working practices have been varied pursuant to sub-paragraph (7) they are to be treated as having been agreed pursuant to sub-paragraph (6).

(9) No additional charge may be made in accordance with this paragraph in respect of any increased costs incurred because of any variation in working hours or working practices which does not alter the working hours or working practices which have been agreed in accordance with sub-paragraph (6).

Commencement Information

I7 Sch. 2 para. 6 in force at 31.12.2007, see reg. 1

7.—(1) An operator who does not agree that an additional charge is justified under paragraph 6 may request that the question be determined by a person nominated for the purpose pursuant to sub-paragraph (3)(a).

(2) A request under sub-paragraph (1) must be made within 1 week of the Agency giving the operator notice under paragraph 6(3).

(3) Where an operator makes a request under sub-paragraph (1) —

(a) the Agency must nominate a person from the list established under sub-paragraph (4) to determine the question;

(b) the person so nominated must give the operator and the Agency an opportunity to make representations on the question to be determined; and

(c) the person so nominated must, within 1 month of being nominated, decide whether an additional charge is payable and notify the operator and the Agency of his or her decision.

(4) The Agency must establish and maintain a list of people who may be nominated for the purposes of this paragraph and consult those organisations appearing to represent operators before including any person on the list.

Commencement Information

I8 Sch. 2 para. 7 in force at 31.12.2007, see reg. 1

Time costs E+W

8.  The time costs generated by any premises in any accounting period is (subject to paragraphs 9 and 10) calculated by —

(a) multiplying the time (expressed in hours and fractions of an hour) spent by each inspector exercising official controls at those premises in the period by the hourly rate applicable to that inspector determined or varied in accordance with paragraphs 11 to 13;

(b) adding the results together; and

(c) adding any agreed slaughterhouse staff costs for the period.

Commencement Information

I9 Sch. 2 para. 8 in force at 31.12.2007, see reg. 1

9.  The time costs in respect of any official controls includes any overtime payments or other similar allowances made to the inspector concerned under his or her contract of employment or contract for services for exercising those official controls.

Commencement Information

I10 Sch. 2 para. 9 in force at 31.12.2007, see reg. 1

10.  In determining the total time spent in exercising official controls, any time spent by an inspector—

(a) in travelling to or from premises at which the inspector exercises official controls and for which he or she is paid under a contract of employment or contract for services;

(b) at any premises to which the inspector has gone for the purpose of exercising official controls and for which he or she is paid under a contract of employment or contract for services (regardless of whether or not he or she is able to exercise official controls there); and

(c) at any other place—

(i) when the inspector is available for exercising official controls but is not in fact exercising any such controls, and

(ii) for which the inspector is paid under his or her contract of employment or contract for services,

is to be counted as if it were time when the inspector was exercising official controls.

Commencement Information

I11 Sch. 2 para. 10 in force at 31.12.2007, see reg. 1

11.  The Agency must determine the hourly rate applicable to inspectors, and may determine different rates for different inspectors or different classes of inspector, having regard to the level of qualifications and experience of different inspectors or classes of inspector and to the cost of exercising official controls by different inspectors or classes of inspector.

Commencement Information

I12 Sch. 2 para. 11 in force at 31.12.2007, see reg. 1

12.  The hourly rate for any inspector or class of inspector is to be calculated so as to reflect such proportion of the costs of the items listed in Annex VI to Regulation 882/2004 incurred by that inspector or class of inspector in exercising official controls (excluding any additional costs taken into account pursuant to paragraph 9) as the Agency considers it proper to apportion to that hourly rate.

Commencement Information

I13 Sch. 2 para. 12 in force at 31.12.2007, see reg. 1

13.  The Agency may vary any rate determined pursuant to paragraph 11 where, having regard to variations in the costs referred to in paragraph 12, it appears to it to be necessary to do so.

Commencement Information

I14 Sch. 2 para. 13 in force at 31.12.2007, see reg. 1

14.  Prior to determining or varying hourly rates in accordance with paragraphs 11 to 13, the Agency must consult such operators as are likely to be affected by those rates.

Commencement Information

I15 Sch. 2 para. 14 in force at 31.12.2007, see reg. 1

Definitions E+W

15.  In this Schedule —

(a) “official auxiliary” (“cynorthwyydd swyddogol”) and “official veterinarian” (“milfeddyg swyddogol”) have the meanings respectively given to them in Article 2.1(h) and (f) of Regulation 854/2004;

(b) “inspector” (“arolygydd”) means an official veterinarian or an official auxiliary;

(c) “the standard charge” (“y ffi safonol”) means the charge for any accounting period that is incurred in relation to a slaughterhouse, game-handling establishment or cutting plant and calculated in accordance with paragraph 3, 4 or 5, as the case may be;

(d) “time costs” (“costau amser”) means, in relation to any establishment for any accounting period, the costs calculated in accordance with paragraphs 8 to 10; and

(e) any other expressions used both in this Schedule and in Regulation 882/2004 have the meanings that they bear in Regulation 882/2004.

Commencement Information

I16 Sch. 2 para. 15 in force at 31.12.2007, see reg. 1

(1)

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).

(2)

OJ No. L31, 1.2.2002, p.1.

(3)

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) which should be read with a further Corrigendum (OJ No. L204, 4.8.2007 p.26).

(4)

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), which should be read with a further Corrigendum (OJ No. L204, 4.8.2007 p.26). Regulation (EC) No. 853/2004 was last amended by Council Regulation (EC) No. 1243/2007 amending Annex III to Regulation (EC) No. 853/2004 of the European Parliament and the Council laying down specific hygiene rules for food of animal origin (OJ No. L281, 25.10.2007, p.8).

(5)

OJ No. L139, 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) which should be read with a further Corrigendum (OJ No. L204, 4.8.2007, p.26). Regulation (EC) No. 854/2004 was last amended by Council Regulation (EC) No. 1791/2006 adapting certain Regulations and Decisions in the fields of free movement of goods, freedom of movement of persons, company law, competition policy, agriculture (including veterinary and phytosanitary legislation), transport policy, taxation, statistics, energy, environment, cooperation in the fields of justice and home affairs, customs union, external relations, common foreign and security policy and institutions, by reason of the accession of Bulgaria and Romania (OJ No. L363, 20.12.2006, p.1).

(6)

OJ No. L165, 30.4.2004, p.1. The revised text of Regulation (EC) No. 882/2004 is now set out in Corrigendum (OJ No. L191, 28.5.2004, p.1), which should be read with a further Corrigendum (OJ No. L204, 4.8.2007, p.29). Regulation (EC) No. 882/2004 was last amended by Council Regulation (EC) No. 1791/2006.

(7)

OJ No. L271, 15.10.2005, p.17.

(8)

OJ No. L338, 22.12.2005, p.1, as read with the Corrigenda at OJ No. L278, 10.10.2006, p.32 and OJ No. L283, 14.10.2006, p.62.

(9)

OJ No.L338, 22.12.2005, p.27, as last amended by Commission Regulation (EC) No. 1244/2007 amending Regulation (EC) No. 2074/2005 as regards implementing measures for certain products of animal origin intended for human consumption and laying down specific rules on official controls for the inspection of meat (OJ No. L 281, 25.10.2007, p.12).

(10)

OJ No..L338, 22.12.2005, p.60, as last amended by Commission Regulation (EC) No. 1245/2007 amending Annex 1 to Regulation (EC) No. 2075/2005 as regards to use of liquid pepsin for the detection of Trichinella in meat (OJ No. L281, 25.10.2007, p.19).

(11)

OJ No.L338, 22.12.2005, p.83, as last amended by Commission Regulation (EC) No. 1246/2007 amending Regulation (EC) No. 2076/2005 as regards the extension of the transitional period granted to food business operators importing fish oil intended for human consumption (OJ No. L281, 25.10.2007, p.21).