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The Department of Health, Social Services and Public Safety[1], hereby makes the following Regulations in exercise of the powers conferred on it by section 2(2) of the European Communities Act 1972[2], and of every other power enabling it in that behalf. The Department has been designated[3] for the purposes of that section in relation to measures relating to food (including drink) including the primary production of food. As required by Article 9 of 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[4] as last amended by Regulation (EC) No. 1642/2003 of the European Parliament and of the Council amending Regulation (EC) No. 178/2002 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[5] there has been open and transparent public consultation during the preparation of the following Regulations. Citation and commencement 1. These Regulations may be cited as the Meat (Official Controls Charges) Regulations (Northern Ireland) 2005 and shall come into operation on 1st January 2006. Interpretation 2. —(1) In these Regulations—
(b) 25% of that sum;
(b) (although lacking the approval or conditional approval that it requires under Article 4.3 of Regulation 853/2004) was, on 31st December 2005, operating as licensed cutting premises under the Fresh Meat (Hygiene and Inspection) Regulations (Northern Ireland) 1997[6] or the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations (Northern Ireland) 1995[7];
(b) (although lacking the approval or conditional approval that it requires under Article 4.3 of Regulation 853/2004) was, on 31st December 2005, operating as a licensed wild game processing facility under the Wild Game (Hygiene and Inspection) Regulations (Northern Ireland) 1997[9];
(d) the requirements of the Welfare of Animals (Slaughter or Killing) Regulations (Northern Ireland) 1996[10] insofar as such verification relates to the welfare of animals slaughtered for human consumption in slaughterhouses;
(f) (although lacking the approval or conditional approval that it requires under Article 4.3 of Regulation 853/2004) was, on 31st December 2005, operating as a licensed slaughterhouse under the Fresh Meat (Hygiene and Inspection) Regulations (Northern Ireland) 1997 or the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations (Northern Ireland) 1995; and
(2) The Interpretation Act (Northern Ireland) 1954[11] shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.
(b) subject to paragraph (6), where it is less than the interim charge, credit to the operator the amount by which the interim charge exceeds the official controls charge.
(4) Any charge notified to an operator under paragraph (1), (2) or (3) shall be payable by him to the Agency on demand.
(b) such evidence as the Agency may reasonably require to enable it to verify information supplied under sub-paragraph (a).
(2) Any person who—
(b) without reasonable excuse, fails to comply within a reasonable time with a demand made under that paragraph,
shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
The official controls charge 1. Subject to paragraphs 2 and 3, the official controls charge payable by the operator of any premises for any accounting period shall be the lower of—
(ii) any additional charge incurred in relation to those premises for that period by virtue of paragraph 8; and
(b) the time costs generated by those premises for that period.
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).
6. The standard charge for any accounting period (expressed in Euros) payable by the operator of a cutting plant or of a game-handling establishment shall be calculated by multiplying by 3 the number of tonnes of meat brought into the plant or establishment concerned during that period to be cut up or boned there. 7. The standard charge (expressed in Euros) shall be converted into sterling by multiplying it by the Euro / sterling conversion rate applicable in the year the official control was carried out. 8. —(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 shall be 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) shall 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" means inefficiency on the part of the operator and shall include in particular—
(b) mechanical breakdown caused by lack of maintenance; (c) enforcement action taken by the Agency or an inspector; (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 shall agree working hours and working practices and shall keep the working hours and working practices so agreed under review.
(b) the person so nominated shall give the operator and the Agency an opportunity to make representations on the question to be determined; and (c) the person so nominated shall, within 1 month of being nominated, decide whether an additional charge is payable and shall notify the operator and the Agency of his decision.
(4) The Agency shall establish and maintain a list of people who may be nominated for the purposes of this paragraph and shall consult those organisations appearing to represent operators before including any person on the list.
(b) adding the results together; and (c) adding any agreed slaughterhouse staff costs for the period.
11.
The time costs in respect of any official controls shall include any overtime payments or other similar allowances made to the inspector concerned under his contract of employment or contract for services for exercising those official controls.
(b) at any premises to which he has gone for the purpose of exercising official controls and for which he is paid under a contract of employment or contract for services (regardless of whether or not he is able to exercise official controls there); and (c) at any other place—
(ii) for which he is paid under his contract of employment or contract for services,
shall be counted as if it were time when the inspector was exercising official controls.
13.
The Agency shall 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.
(b) such proportion of the administrative costs of the exercise of official controls as the Agency considers it proper to apportion to that hourly rate.
15.
For the purposes of paragraph 14(b), "administrative costs" means all costs reasonably incurred in exercising official controls including in particular the costs of—
(b) the salaries (including the cost of overtime and employers' pension and National Insurance contributions) of the staff other than inspectors engaged in the exercise of official controls, and such proportion of inspectors' remuneration as is not directly accounted for in the calculation of time costs; (c) providing office accommodation, equipment and services in relation to the exercise of official controls, including depreciation of any office furniture and equipment and also of providing information technology, stationery and forms; (d) protective clothing and equipment used in exercising official controls and of laundering such clothing; (e) accounting and collecting charges and of providing pay-roll and personnel services in connection with the employment of inspectors; and (f) other expenses and overheads incurred by or in relation to—
(ii) other staff engaged in the administration of those controls.
16.
The Agency may vary any rate determined pursuant to paragraph 13 where, having regard to the factors set out in paragraphs 14 and 15, it appears to it to be necessary to do so.
(b) "inspector" means an official veterinarian or an official auxiliary; (c) "the standard charge" means, in relation to any slaughterhouse, game-handling establishment or cutting plant for any accounting period, the charge calculated in accordance with paragraph 4, 5 or 6, as the case may be, converted into sterling in accordance with paragraph 7; (d) "the Euro / sterling conversion rate" applicable in respect of any given year shall be—
(ii) 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;
(e) "time costs" means, in relation to any establishment for any accounting period, the costs calculated in accordance with paragraphs 10 to 12; and
(2) Expressions used in this Schedule, other than those defined in sub-paragraph (1), which are used in Council Directive 85/73/EEC on the financing of veterinary inspections and controls covered by Directives 89/662/EEC, 90/425/EEC, 90/675/EEC and 91/496/EEC as amended and consolidated by Council Directive 96/43/EC[19] have the meanings they bear in Council Directive 85/73/EEC. (This note is not part of the Regulations) 1. These Regulations revoke the Meat (Hygiene, Inspection and Examination for Residues) (Charges) Regulations (Northern Ireland) 1995 (S.R. 1995 No. 431 as amended by 1999 c. 28 and S.R. 2000 No. 78). 2. The Meat (Hygiene, Inspection and Examination for Residues) (Charges) Regulations (Northern Ireland) 1995 implemented in relation to Northern Ireland the provisions concerning the level of fees to be charged for health inspections and controls of meat contained in Council Directive 85/73/EEC on the financing of health inspections and controls of fresh meat and poultrymeat under certain Council Directives. An amended and consolidated text of Council Directive 85/73/EEC is annexed to Council Directive 96/43/EC at OJ No. L62, 1.7.96, p.1. 3. In the light of reforms to the Community regime governing food hygiene that take effect on 1st January 2006, Directive 2004/41/EC of the European Parliament and of the Council (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) modifies Council Directive 85/73/EEC with effect from 1st January 2006 so that from that date it requires fees to be collected for official controls on meat of domestic ungulates, meat from poultry and lagomorphs, meat of farmed game and wild game meat under Regulation (EC) No. 854/2004 of the European Parliament of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (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). 4. In the light of the modification to Council Directive 85/73/EEC described in paragraph 3, these Regulations implement the provisions of that Directive that now require fees to be collected for inspections of and controls on meat of domestic ungulates, meat from poultry and lagomorphs, meat of farmed game and wild game meat under Regulation (EC) No. 854/2004. 5. These Regulations—
(b) provide that any official controls charge so notified is payable by the operator to the Agency on demand (regulation 3); (c) allow the Agency to refuse to exercise any further official controls at given premises where, despite a Court order requiring the operator of the premises to pay the official controls charge for which he is liable, he fails to comply with the order (regulation 4); (d) require persons—
(ii) to supply the Agency on demand with such evidence as it may reasonably require to verify that information (regulation 5);
(e) provide that a person who—
(ii) without reasonable excuse fails to comply within a reasonable time with a demand for information or evidence,
is guilty of an offence (regulation 5).
6.
Schedule 2 to these Regulations sets out how the official controls charge is to be calculated. Notes: [1] Formerly the Department of Health and Social Services; see S.I. 1999/283 (N.I.1) Article 3(6)back [4] OJ No. L31, 1.2.2002, p.1back [5] OJ No. L245, 29.9.2003, p.4back [6] S.R. 1997 No. 493, revoked with effect from 1st January 2006 by S.R. 2005 No. 356back [7] S.R. 1995 No. 396, as amended by S.R. 1997 No. 496, S.R. 1998 No. 237, S.R. 2000 Nos. 78, 191 and 287, S.R. 2001 No. 429, S.R. 2002 No. 217 and S.R. 2005 No. 35back [8] 1992 c. 7 as amended by 1998 No. 1506 (N.I. 10)back [9] S.R. 1995 No. 496, revoked with effect from 1st January 2006 by S.R. 2005 No. 356.back [10] S.R. 1996 No. 558, amended by S.R. 2000 No. 76, S.R. 2001 No. 66, S.R. 2002 No. 304 and S.R. 2004 No. 209back [12] S.R. 1995 No. 431 as amended by 1999 c. 28 and S.R. 2000 No. 78back [13] 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)back [14] 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)back [15] 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)back [16] 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)back [17] OJ No. L165, 30.4.2004, p.1. The revised text of Regulation (EC) No. 882/2004 is now set out in a Corrigendum (OJ No. L191, 28.5.2004, p.1)back [18] OJ No. L271, 15.10.2005, p.17back [19] The text of Council Directive 85/73/EEC is annexed to Council Directive 96/43/EC at OJ No. L162, 1.7.96, p.1. Council Directive 85/73/EEC has been modified by Directive 2004/41/EC of the European Parliament and of the Council (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)back
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