The Feeding Stuffs (Establishments and Intermediaries) (Amendment) Regulations (Northern Ireland) 2005 No. 74

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STATUTORY RULES OF NORTHERN IRELAND

2005 No. 74
AGRICULTURE
The Feeding Stuffs (Establishments and Intermediaries) (Amendment) Regulations (Northern Ireland) 2005

	Made	9th March 2005
	Coming into operation	4th April 2005

The Department of Health, Social Services and Public Safety[1], being a Department designated[2] for the purposes of section 2(2) of the European Communities Act 1972[3] in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on it by the said section 2(2), and of every other power enabling it in that behalf, after consultation 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], hereby makes the following Regulations:

Citation, commencement and interpretation
     1. These Regulations may be cited as the Feeding Stuffs (Establishments and Intermediaries) (Amendment) Regulations (Northern Ireland) 2005 and shall come into operation on 4th April 2005.

     2. The Interpretation Act (Northern Ireland) 1954[5] shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

Amendment of the Feeding Stuffs (Establishments and Intermediaries) Regulations 1999
     3. The Feeding Stuffs (Establishments and Intermediaries) Regulations 1999[6] shall be amended in accordance with regulations 4 to 6.

     4. Immediately after regulation 9 (procedure relating to the withdrawal of approvals) there shall be inserted the following regulation -

" Fees

9A.

- (1) Subject to paragraphs (2), (3), (5), (6) and (7), an eligible person who applies to the competent body under regulation 5 or 7 to approve an establishment which is located in Northern Ireland as an establishment on which an establishment activity may be exercised shall -

    (2) Any fee payable under paragraph (1)(a) shall be payable at the time the application is submitted to the competent body.

    (3) Any reimbursement due under paragraph (1)(b) shall be payable to the competent body on demand.

    (4) In relation to any application under regulation 5 or 7, the competent body need not -

    (5) Where an eligible person makes an application under regulation 5 seeking approval of an establishment as one on which more than one establishment activity may be exercised, he shall be liable to pay a single relevant fee, which fee shall be the highest one otherwise payable.

    (6) Where an eligible person makes an application under regulation 7 seeking approval of an establishment as one on which more than one new establishment activity may be exercised, he shall be liable to pay a single relevant fee, which fee shall be the highest one otherwise payable.

    (7) Any fee payable pursuant to paragraph (5) or (6) shall be treated, for the purposes of paragraphs (2) and (4)(a), as included among any fee payable under paragraph (1)(a).

    (8) In this regulation "relevant fee" means the fee specified in Column 2 of Part I of Schedule 1A which is opposite to the reference in Column 1 of that Part to the application of the kind being made by the applicant.".

5. Immediately after regulation 16 (procedure relating to the withdrawal of approvals) there shall be inserted the following regulation -

" Fees

16A.

- (1) Subject to paragraphs (2), (3), (5), (6) and (7), an eligible person who applies to the competent body under regulation 12 or 14 to be approved as an intermediary who may exercise an intermediary activity in Northern Ireland shall -

    (5) Where an eligible person makes an application under regulation 12 seeking approval as a person who may exercise more than one intermediary activity, he shall be liable to pay a single relevant fee.

    (6) Where an eligible person makes an application under regulation 14 seeking approval as a person who may exercise more than one new intermediary activity, he shall be liable to pay a single relevant fee.

    (7) Any fee payable pursuant to paragraph (5) or (6) shall be treated, for the purposes of paragraphs (2) and (4)(a), as included among any fee payable under paragraph (1)(a).

    (8) In this regulation "relevant fee" means the fee specified in Column 2 of Part II of Schedule 1A which is opposite to the reference in Column 1 of that Part to the application of the kind being made by the applicant.".

6. Immediately after Schedule 1 (Expressions having the same meaning as in Directive 70/524 and Expressions having the same meaning as in Directive 95/69) there shall be inserted the Schedule set out in the Schedule to these Regulations.

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on

9th March 2005.

L.S.

Noel McCann
A senior officer of the Department of Health, Social Services and Public Safety

SCHEDULERegulation 5

SCHEDULE INSERTED IMMEDIATELY AFTER SCHEDULE 1 TO THE FEEDING STUFFS (ESTABLISHMENTS AND INTERMEDIARIES) REGULATIONS 1999

" SCHEDULE 1A

Regulations 9A and 16A

FEES PAYABLE UNDER REGULATION 9A OR 16A

PART I

FEES PAYABLE UNDER REGULATION 9A

Column (1)	Column (2)
Application	Fee (Ł)
Under regulation 5(1)(a) or on an application under regulation 7 to amend an approval granted following an application under regulation 5(1)(a)	212
Under regulation 5(1)(b) or on an application under regulation 7 to amend an approval granted following an application under regulation 5(1)(b)	212
Under regulation 5(1)(c) or on an application under regulation 7 to amend an approval granted following an application under regulation 5(1)(c)	212
Under regulation 5(1)(d) or on an application under regulation 7 to amend an approval granted following an application under regulation 5(1)(d)	212
Under regulation 5(1)(e) or on an application under regulation 7 to amend an approval granted following an application under regulation 5(1)(e)	106

PART II

FEES PAYABLE UNDER REGULATION 16A

Column (1)	Column (2)
Application	Fee (Ł)
Under regulation 12(1)(a) or on an application under regulation 14 to amend an approval granted following an application under regulation 12(1)(a)	106
Under regulation 12(1)(b) or on an application under regulation 14 to amend an approval granted following an application under regulation 12(1)(b)	106
Under regulation 12(1)(c) or on an application under regulation 14 to amend an approval granted following an application under regulation 12(1)(c)	106"

EXPLANATORY NOTE

(This note is not part of the Regulations.)

1. These Regulations amend, in relation to Northern Ireland, the Feeding Stuffs (Establishments and Intermediaries) Regulations 1999 (S.I. 1999/1872, as already amended), which extend to the whole of the United Kingdom. These Regulations implement Council Decision 98/728/EC concerning a Community system of fees in the animal feed sector (O.J. No. L346, 22.12.98, p. 51).

2. These Regulations amend S.I. 1999/1872 by -

Notes:

[1] Formerly the Department of Health and Social Services; see S.I. 1999/283 (N.I. 1), Article 3(6)back

[2] S.I. 2003/2901 back

[3] 1972 c. 68 back

[4] O.J. No. L31, 1.2.2002, p. 1. That Regulation was last amended by Regulation (EC) No. 1642/2003 of the European Parliament and of the Council (O.J. No. L245, 29.9.2003, p. 4). Under Article 3 of Regulation 178/2002 "food law" extends to feed produced for, or fed to, food producing animals back

[5] 1954 c. 33 (N.I.)back

[6] S.I. 1999/1872, to which there are amendments not relevant to these Regulations back

ISBN 0 337 95866 1

Prepared 23 March 2005

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	Statutory Rules of Northern Ireland
You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Feeding Stuffs (Establishments and Intermediaries) (Amendment) Regulations (Northern Ireland) 2005 No. 74 URL: http://www.bailii.org/nie/legis/num_reg/2005/20050074.html