The Fishery Products (Official Controls Charges) (Wales) Regulations 2007

PART 1 E+W PRELIMINARY

Title, application and commencement E+W

1.  The title of these Regulations is the Fishery Products (Official Controls Charges) (Wales) Regulations 2007, they apply in relation to Wales and come into force on 1 January 2008.

Interpretation E+W

2.—(1) In these Regulations —

“Directive 2004/41” (“Cyfarwyddeb 2004/41”), “Regulation 2406/96” (“Rheoliad 2406/96”), “Regulation 852/2004 (“Rheoliad 852/2004”), “Regulation 853/2004” (“853/2004”), “Regulation 854/2004” (“Rheoliad 854/2004”), “Regulation 882/2004” (“Rheoliad 882/2004”), “Regulation 1688/2005” (“Rheoliad 1688/2005”), “Regulation 2073/2005” (“Rheoliad 2073/2005”), “Regulation 2074/2005” (“Rheoliad 2074/2005”), “Regulation 2075/2005” (“Rheoliad 2075/2005”) and “Regulation 2076/2005” (“Rheoliad 2076/2005”) have the meanings respectively given to them in the Schedule;

“establishment” (“sefydliad”) has the meaning given to it in paragraph 1(c) of Article 2 of Regulation 852/2004;

“first placing on the market” (“rhoi gyntaf ar y farchnad”) has the meaning that it bears in Regulation 882/2004;

“first sale in a fish market” (“gwerthu gyntaf mewn marchnad bysgod”) is construed in accordance with the phrase “first sale in fish market” in Regulation 882/2004;

“fishery products” (“cynhyrchion pysgodfeydd”) has the meaning given to it in point 3.1 of Annex I to Regulation 853/2004;

“food authority” (“awdurdod bwyd”) has the meaning that it bears by virtue of section 5(1A) of the Food Safety Act 1990 M1 ;

“imported” (“a fewnforir”) means introduced into Wales other than from another part of the British Islands;

“official controls” (“rheolaethau swyddogol”) is construed in accordance with the definition of the term “official control” in paragraph 1 of Article 2 of Regulation 882/2004;

“processing” (“prosesu”) has the meaning that it bears in Chapter V of Section B of Annex IV to Regulation 882/2004;

“processing establishment” (“sefydliad prosesu”) means an establishment at which processing occurs;

“relevant fishery products” (“cynhyrchion pysgodfeydd perthnasol”) means fishery products which —

(a)

were caught in their natural environment;

(b)

are imported by a fishing vessel flying the flag of a third country;

(c)

have not been on land prior to being imported; and

(d)

are intended for placing on the market for human consumption,

other than relevant landed fishery products and third country imports;

“relevant food authority” (“awdurdod bwyd perthnasol”) means the food authority in whose area circumstances giving rise to an obligation under these Regulations to pay a charge to that authority arise;

“relevant landed fishery products” (“cynhyrchion pysgodfeydd sy'n cael eu glanio ac sy'n berthnasol”) means fishery products which —

(a)

are landed in Wales;

(b)

have not been on land previously; and

(c)

are intended for placing on the market for human consumption,

other than relevant fishery products and third country imports;

“specified pelagic fish” (“pysgod eigionol penodedig”) means —

(a)

herring of the species Clupea harengus;

(b)

sardines of the species Sardinia pilchardus;

(c)

mackerel of the species Scomber scombrus or Scomber japonicus;

(d)

horse mackerel (Trachurus spp.);

(e)

anchovies (Engraulis spp.);

(f)

picarels of the species Maena smaris; and

(g)

sprat of the species Sprattus sprattus;

“third country” (“trydedd wlad”), except in the expression “third country import” (“mewnforyn trydydd gwlad”), means any country or territory, other than Greenland, which does not comprise the whole or part of an EEA State;

“third country import” (“mewnforyn trydedd wlad”) means an import in respect of which a charge is payable under regulation 54 of the Products of Animal Origin (Third Country Imports) (Wales) Regulations 2007 M2 ; and

“vendor” (“gwerthwr”) means —

(a)

where a first placing on the market or first sale in a fish market of relevant fishery products or relevant landed fishery products is effected by another person on behalf of the owner or master of a vessel, that other person; and

(b)

where there is a first placing on the market or first sale in a fish market of relevant fishery products or relevant landed fishery products in any other circumstances, the owner or master of the vessel from which they are landed.

(2) Where any functions under the Food Safety Act 1990 are assigned —

(a) by an order under section 2 or 7 of the Public Health (Control of Disease) Act 1984 M3 , to a port health authority; or

(b) by an order under section 6 of the Public Health Act 1936 M4 , to a joint board for a united district,

any reference in these Regulations to a food authority is construed, so far as relating to those functions, as a reference to the authority to whom they are so assigned.

Marginal Citations

M1 1990 c. 16; section 5 was amended by paragraphs 8 and 9 of Schedule 5 to the Food Standards Act 1999 (c. 28).

M2 S.I. 2007/376 (W.36), amended by S.I. 2007/1710 (W.148).

M3 1984 c. 22; section 7(3)(d) was substituted by paragraph 27 of Schedule 3 to the Food Safety Act 1990 (1990 c. 16).

M4 1936 c. 49; section 6 is to be read with paragraph 1 of Schedule 3 to the Food Safety Act 1990.

Actual costs E+W

3.  For the purposes of these Regulations, the actual costs of exercising official controls are the aggregate of the costs of the items listed in Annex VI to Regulation 882/2004 directly incurred in the exercise of the official controls required under Annex III to Regulation 854/2004.

Sterling equivalents of Euro E+W

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 is —

(a) for 2008, 1 Euro = £0.67575; and

(b) in each subsequent year, the rate published in the C Series of the Official Journal of the European Communities on the first working day of the September of the preceding year or, if no rate is published in it on that day, the first rate published in it thereafter.

Account period E+W

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 —

(a) making returns; and

(b) collecting charges.

Recovery of charges E+W

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

(a) jointly from both of them; or

(b) separately from either of them.

Calculation, payment and repayment of charges E+W

7.—(1) Where the relevant food authority becomes aware that a charge is due to it under these Regulations it must —

(a) calculate the amount of the charge having regard to the information in its possession; and

(b) give notice of the amount so calculated to any person from whom it may be collected.

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

(a) where the correct amount is more than the amount calculated under paragraph (1), it must recover the higher amount in accordance with that paragraph;

(b) where the correct amount is less than the amount calculated under that paragraph and that amount has not been recovered, it must recover the lesser amount in accordance with that paragraph; and

(c) where no charge is payable or the charge payable is less than the amount calculated under that paragraph, and that amount has been recovered, it must repay the difference.

Appeals E+W

8.—(1) A person may appeal against any decision of the relevant food 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 —

(a) confirm the decision of the relevant food authority;

(b) determine any charge which is payable under these Regulations; or

(c) determine that no charge is payable.

(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 relevant food authority.

(5) If the court determines that a charge payable under these Regulations is less than the charge that has been so paid, the relevant food authority must reimburse the overpayment to the successful appellant.

Sums remitted from one food authority to another E+W

9.  In any case where the exercise of official controls is deferred and the food authority responsible for the exercise of the official controls required under Annex III to Regulation 854/2004 (“authority A”) is not the relevant food authority to which a charge is required to be paid under these Regulations (“authority B”), authority B must remit to authority A a sum equal to any amount received by authority B which is referable to official controls exercised by authority A.