S.I. No. 34/1995:

EUROPEAN COMMUNITIES (FEES FOR HEALTH INSPECTIONS AND CONTROLS OF FRESH MEAT) REGULATIONS, 1995.

EUROPEAN COMMUNITIES (FEES FOR HEALTH INSPECTIONS AND CONTROLS OF FRESH MEAT) REGULATIONS, 1995.

I, IVAN YATES, Minister for Agriculture, Food and Forestry, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Council Directive 93/118/EEC of 22 December 1993¹ hereby make the following Regulations:

1. (1) These Regulations may be cited as the European Communities (Fees for Health Inspections and Controls of Fresh Meat) Regulations, 1995.

(2) These Regulations shall come into operation on the 13 day of February 1995.

2. (1) In these Regulations--

"abattoir" has the meaning assigned to it by the Abattoirs Act, 1988 (No. 8 of 1988);

"animal" means an animal referred to in the Schedule to these Regulations;

"approved cold store" means a premises approved by the Minister under Regulation 6 of the Regulations of 1976 or Regulation 3 of the Regulations of 1987 as a cold store;

"approved cutting plant" means a premises approved by the Minister under Regulation 5 of the Regulations of 1976 as a cutting premises or Regulation 3 of the Regulations of 1987 as a cutting plant;

"approved meat product plant" means a premises approved under Directive 77/99/EEC of 21 December 1976² as amended, or Directive 88/658/EEC of 14 December 1988³ as amended;

¹ OJ No. L. 340, 31,12,1993, p.l5.

² OJ No. L. 26, 31,1,1977, p.85.

³ OJ No. L. 382, 31,12,1988, p.l5.

"approved meat slaughterhouse" means a premises registered in a register of slaughtering premises within the meaning of Agricultural Produce (Fresh Meat) Act, 1930 (No. 10 of 1930);

"approved poultry slaughterhouse" means a premises approved by the Minister under Regulation 5 of the Regulations of 1976 as a slaughterhouse;

"certificate of indebtedness" has the meaning assigned to it by Regulation 6 of these Regulations;

"ECU" has the meaning assigned to it by Council Regulation (EEC) No. 3180/78 of 18 December, 1978⁴;

"inspector" means an authorised officer, official veterinarian or assistant, within the meaning of the Regulations of 1976, or an authorised officer or veterinary examiner, within the meaning of the Regulations of 1987;

"meat" includes poultry meat;

"the Minister" means the Minister for Agriculture, Food and Forestry;

"the occupier" in relation to any premises, howsoever described, means the holder of an exporter's licence under section 12 or a permit under section 17 of the Agricultural Produce (Fresh Meat) Act, 1930 (No. 10 of 1930), the holder of a licence under section 24 of the Pigs and Bacon Act, 1935 (No. 24 of 1935), the holder of an approval under Regulation 5 or 6 of the Regulations of 1976, the holder of an approval for a cutting plant under Regulation 3 of the Regulations of 1987, or the holder of an approval for a cold store under Regulation 4 of the Regulations of 1987, in relation to those premises; "poultry" means broilers, hens, turkeys, ducks, geese and guinea fowl;

"the real inspection costs", in relation to premises, means the costs incurred by the Minister in the provision of the veterinary inspections and controls referred to in Article 1 (2) of Directive 93/118/EEC in relation to those premises and includes any costs of administration incurred by the Minister in respect of such provision;

⁴O.J. No. L. 379, 30,12,1978, p.1.

"the Regulations of 1976" means the European Communities (Fresh Poultry Meat) Regulations, 1976 ( S.I. No. 317 of 1976 ), as amended before the making of these Regulations;

"the Regulations of 1987" means the European Communities (Fresh Meat) Regulations, 1987 ( S.I. No. 284 of 1987 ), as amended by the European Communities (Fresh Meat) (Amendment) Regulations, 1989 ( S.I. No. 66 of 1989 );

"4 week period" means any of the consecutive periods of 4 weeks the first of which begins on the 13 day of February, 1995.

(2) An amount in ECUs specified in these Regulations shall be converted into the currency of the State--

( a ) for the year 1995, at the average of the rates specified in the said C series of 1 September, 1992, 1 September, 1993, and 1 September, 1994, and

( b ) for any subsequent year, at the rate specified in the said C series published on the first working day of September in the preceding year.

(3) A word or expression that is used in these Regulations and is also used in Council Directive 93/118/EEC of 22, December 1993 has, unless the contrary intention appears, the meaning in these Regulations that it has in that Directive.

3. (1) Subject to paragraphs (5) and (6) of this Regulation, there shall be charged and levied by the Minister on, and paid to the Minister by, the occupier of an approved meat slaughterhouse a fee of an amount specified in the Schedule to these Regulations in respect of each animal slaughtered in the slaughterhouse.

(2) Subject to paragraphs (5) and (6) of this Regulation, there shall be charged and levied by the Minister on, and paid to the Minister by, the occupier of an approved poultry slaughterhouse in respect of poultry slaughtered in the slaughterhouse

( a ) a fee of 0.01 ECU per bird for broilers, other young poultry of less than 2 kilograms carcase weight and cast hens,

( b ) a fee of 0.02 ECU per bird for other young poultry of not less than 2 kilograms carcase weight, and

( c ) a fee of 0.04 ECU per bird for other heavy adult poultry of more than 5 kilograms carcass weight.

(3) Subject to paragraphs (5) and (6) of this Regulation there shall be charged and levied by the Minister on, and paid to the Minister by, the occupier of an approved cutting plant a fee of 3 ECU per tonne on meat entering a cutting plant.

(4) There shall be charged and levied by the Minister on, and paid to the Minister by, the occupier of an approved cold store, or an approved meat product plant the real inspection costs in relation to the premises.

(5) Where the real inspection costs in relation to a premises for a 4 week period exceed the amount of the fees that, but for this paragraph, would be payable under paragraph (1), (2) or (3) of this regulation by the occupier of the premises for that period, the Minister may, in lieu of those fees, charge and levy on such occupier, and, if he does so, such occupier shall pay to the Minister, a fee of an amount up to or equal to such real inspection costs.

(6) Where the real inspection costs in relation to a premises for a 4 week period are less than the amount of the fees that, but for this paragraph, would be payable under paragraphs (1), (2) or (3) of this Regulation by the occupier of the premises for that period, the Minister may, in lieu of those fees, charge and levy on such occupier, and, if he does so, such occupier shall pay to the Minister, a fee of an amount up to or equal to such real inspection costs, subject to such amount not being less than 55% of the amount of the fees which would be payable under paragraph (1), (2) or (3) of this Regulation.

(7) Where--

( a ) an animal or poultry that is slaughtered in a premises referred to in paragraph (1) or (2) is, at the time of slaughter, the property of a person other than the occupier of the premises or

( b ) meat or a meat product in a premises referred to in paragraph (3) is the property of a person other than the occupier of the premises,

the occupier of the premises may recover from that person as a simple contract debt in any court of competent jurisdiction--

(i) the amount of any fee paid by the occupier under paragraph (1), (2) or (3) in respect of the slaughter of the animal or poultry, or the cutting of meat and

(ii) so much of the real inspection costs paid by the occupier under paragraph (5) or (6) as are attributable to veterinary inspections and controls of the meat or meat product carried out at a time when it was the property of the person aforesaid.

4. (1) Subject to paragraphs (2) and (3) of this Regulation there shall be charged and levied by the Local Authority in whose functional area an abattoir is situated, and paid to it by, the holder of the abattoir licence concerned a fee of an amount specified in the Schedule to these Regulations in respect of each animal slaughtered in the abattoir.

(2) Where the real inspection costs in relation to an abattoir exceed the amount of the fees that, but for this paragraph, would be payable under paragraph (1) of this Regulation by the holder of an abattoir licence, the Local authority may, in lieu of those fees, charge and levy on the licence holder, and if it does so the licence holder shall pay to the Local Authority, a fee of an amount up to or equal to such real inspection costs.

(3) Where the real inspection costs in relation to an abattoir are less than the amount of the fees that, but for this paragraph, would be payable under paragraph (1) of this Regulation by the holder of an abattoir licence, the Local Authority may, in lieu of those fees, charge and levy on the licence holder, and if it does so the licence holder shall pay to the Local Authority, a fee of an amount up to or equal to such real inspection costs, subject to such amount not being less than 55 per cent of the amount of the fees which would be payable under paragraph (1) of this Regulation.

(4) A fee under this Regulation shall be paid to the Local Authority concerned not later than 28 days after the end of the month in which the animal concerned is slaughtered.

(5) Fees due and payable by a person to a Local Authority under this Regulation may be recovered by the authority from the person as a simple contract debt in any court of competent jurisdiction.

(6) In this Regulation "Local Authority" means the Council of a county or corporation of a county borough.

5. A fee under paragraph (1) or (2), of Regulation 3 of these Regulations shall become due on the date on which the animal or poultry concerned is slaughtered, a fee under paragraph (3) of that Regulation shall become due on the date on which the meat enters the cutting premises and a fee under paragraph (4), (5) or (6) of that Regulation shall become due on the date on which the veterinary inspection or control concerned took place.

6. (1) The Minister shall in respect of each 4 week period prepare a certificate (referred to subsequently in these Regulations as "a certificate of indebtedness") for every premises, being an approved meat slaughterhouse, approved cutting plant, approved poultry slaughterhouse, approved cold store or an approved meat product plant, in respect of which fees under Regulation 3 of these Regulations became due during that period.

(2) A certificate of indebtedness for a premises shall specify the occupier of the premises and the amount of the fees that became due by such occupier under the said Regulation 3 during the period concerned in respect of the premises.

7. A copy of a certificate of indebtedness shall be served on the person to whom it relates and, where such a certificate is so served--

( a ) the amount of the fees specified therein shall be payable by the person to the Minister not later than 14 days from the date of the service of the certificate unless, within that period, the person shows to the satisfaction of the Minister either that no such fees or fees of amounts other than those specified in the certificate are payable by him to the Minister in respect of the period to which the certificate relates,

( b ) if the person shows pursuant to paragraph (a) of this Regulation that an amount other than the amount specified in the certificate is payable by him, the amount so shown shall be payable by him to the Minister in accordance with paragraph (a) of this Regulation and if any sum in excess of the latter amount has been paid by the person to the Minister pursuant to the certificate, that sum shall be repaid by the Minister to the person,

( c ) if, at any time after the service of the copy of the certificate on the person, the Minister becomes satisfied that an amount other than the amount specified in the certificate is payable by the person, the Minister may complete another certificate of indebtedness (a copy of which shall be served on the person) specifying the first-mentioned amount and that certificate shall be deemed to be in substitution for the first-mentioned certificate and this Regulation shall apply and have effect accordingly in relation to it, and any amount paid to the Minister pursuant to the first-mentioned certificate shall be deemed to have been paid pursuant to the other certificate.

8. In any proceedings, a certificate of indebtedness shall be evidence until the contrary is proved of the matters stated therein and a document purporting to be such a certificate and to be signed by an officer of the Minister and bearing an endorsement that purports to be signed by that officer and states that a copy of the certificate was served on the person to whom the certificate relates shall be deemed, until the contrary is shown, to be such a certificate and to have been served on that person and it shall not be necessary to prove that the person purporting to have signed the certificate was an officer of the Minister or that he was duly authorised by the Minister to sign the certificate.

9. A copy of a certificate of indebtedness may be served on a person--

( a ) if the person is an individual--

(i) by delivering it to him, or

(ii) by sending it to him by post addressed to him at his usual or last known place of residence or business, or

(iii) by leaving it for him at a place referred to in subparagraph (ii) of this paragraph,

( b ) if the person is a body corporate or an unincorporated body of persons, by sending it to the body by post to, or addressing it to and leaving it at, in the case of a company, its registered office (within the meaning of the Companies Act, 1963 ) and, in any other case, its principal place of business.

10. Where a fee payable under these Regulations to the Minister is not paid, the Minister may direct inspectors not to perform the functions, or specified functions, in relation to which those fees are payable (that is to say, the provision by the inspectors of veterinary inspections and controls in respect of the animals, poultry, meat or meat products concerned at or entering the slaughter house, cold store, cutting plant or meat product plant concerned) until the fee is paid; and the inspectors shall comply with the direction.

11. (1) Where the whole or part of a fee payable by a person to the Minister under these Regulations is not paid within the time specified in Regulation 7 of these Regulations, the Minister may charge and levy on the person, and if the Minister does so, the person shall pay to the Minister, interest at the rate of 15 per cent. per annum on the amount unpaid of the fee in respect of the period during which that amount remains unpaid after the time at or before which it was required by the said Regulation 7 to be paid.

(2) The Minister may, in relation to any period in respect of which interest is payable by a person to him under paragraph (1) of this Regulation, prepare a certificate (referred to subsequently in these Regulations as "an interest certificate") specifying the name and address of the person, the amount of the interest, the amount of the fees concerned, the period to which the interest relates and the premises and period to which the fees relate.

(3) Regulations 7, 8 and 9 of these Regulations shall apply to an interest certificate as they apply to a certificate of indebtedness with the modification that references in the said Regulation 7 to fees shall be construed as references to interest and with any other necessary modifications.

12. (1) A fee or interest due and payable to the Minister under these Regulations by a person may be recovered from him by the Minister as a simple contract debt in any court of competent jurisdiction.

(2) A fee or interest paid to the Minister under these Regulations shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance.

13. (1) ( a ) The Minister may appoint such and so many persons as he thinks fit to be authorised officers for the purposes of these Regulations, and in this Regulation "authorised officer" means a person standing for the time being so appointed.

( b ) An authorised officer shall be furnished with a warrant of this appointment as an authorised officer.

(2) An authorised officer, on production of the officer's warrant of appointment, if so required by any person affected, may, if so required by any person affected, may, for the purposes of these Regulations and Council Directive 93/118/EEC of 22 December 1993, at all reasonable times, enter any premises or place in which he reasonably believes that any of the business or an approved meat slaughterhouse, approved poultry slaughterhouse, an approved cold store, approved cutting plant, approved meat product plant or abattoir is carried on and--

( a ) inspect the premises or place and examine any meat, animal or poultry he finds there,

( b ) examine any books, documents or other records (in whatever form kept) so found and take copies of any such records or of extracts therefrom, extract information from data (within the meaning of the Data Information Act, 1988 (No. 25 of 1988) ) so found and take extracts from any data information (within the meaning aforesaid) so found.

( c ) require any person at the premises or place and the occupier or person in charge thereof and any person employed in connection therewith to give to him such information and to produce to him such books, documents and other records (in whatever form kept) within the power or procurement of the person as he may reasonably require for the purposes of his functions.

(3) A person who obstructs or impedes an authorised officer in the exercise of a power or, without reasonable excuse, does not comply with a requirement, under this Regulation or who in purported compliance with such a requirement gives information to an authorised officer that he knows to be false or misleading in a material respect shall be guilty of an offence and shall be liable, on summary conviction to a fine not exceeding £1,000.

14. (1) Each enactment specified in the Table to this Regulation is hereby repealed to the extent specified in column (3) of the Table.

TABLE

ENACTMENT'S REPEALED

(2) The Pigs and Bacon Act, 1935 (Part II) (No. 11) Regulations, 1985 ( S.I. No. 247 of 1985 ), and the European Communities )Fees for Health Inspections and Controls of Fresh Meat) Regulations, 1992 ( S.I. No. 177 of 1992 ), are hereby revoked.

SCHEDULE

Regulations 3 and 4

The amount of fee payable under Regulation 3 (1) or 4 (1) of these Regulations shall be--

in the case of cattle, ECU 4.75 per animal

in the case of sheep, ECU 0.5 per animal

in the case of pigs, ECU 1.3 per animal

in the case of horses, ECU 4.4 per animal.

GIVEN under my Official Seal, this 9th day of February, 1995.

IVAN YATES,

Minister for Agriculture, Food and

Forestry.

EXPLANATORY NOTE.

These Regulations implement, with effect from 13 February 1995, Council Directive 93/118/EEC of 22 December 1993.

( a ) revising the fee payable for veterinary inspection of cattle,

( b ) introducing charges for veterinary inspections in meat product plants and,

( c ) revising the system of calculation of fees.