S.I. No. 177/1992:

EUROPEAN COMMUNITIES (FEES FOR HEALTH INSPECTIONS AND CONTROLS OF FRESH MEAT) REGULATIONS, 1992.

EUROPEAN COMMUNITIES (FEES FOR HEALTH INSPECTIONS AND CONTROLS OF FRESH MEAT) REGULATIONS, 1992.

I, JOE WALSH, Minister for Agriculture and Food, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 , and for the purpose of giving effect to Council Directive 85/73/EEC of 29 January 1985⁽¹⁾, Council Decision 88/408/EEC of 15 June 1988⁽²⁾ and Council Directive 88/409/EEC of 15 June 1988⁽³⁾ 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, 1992.

(2) These Regulations shall come into operation on the 6th day of July, 1992.

2. (1) In these Regulations--

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

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

"approved poultry slaughterhouse" means 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 12 of these Regulations;

⁽¹⁾OJ No. L. 32, 5.2.1985, p. 14.

⁽²⁾OJ No. L. 194, 22.7.1988 p. 24.

⁽³⁾OJ No. L. 194, 22.7.1988 p. 28.

"ECU" means the unit of account known as the ECU and defined in Council Regulation (EEC) No. 3180/78 of 18 December 1978⁽⁴⁾ and any amount expressed as a number of ECUs shall be converted into Irish pounds at the rate published annually on the first working day of September in the C Series of the Official Journal of the European Communities;

"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 and Food;

"the occupier" means the holder of an exporter's licence under section 12 of the Agricultural Produce (Fresh Meat) Act, 1930 (No. 10 of 1930), the holder of an approval under Regulation 5 of the Regulations of 1976 or the holder of an approval for a cutting plant under Regulation 3 of the Regulations of 1987.

"the Regulations of 1976" means the European Communities (Fresh Poultry Meat) Regulations, 1976 ( S.I. No. 317 of 1976 ) as last amended by the European Communities (Fresh Poultry Meat) Regulations, 1988 ( S.I. No. 273 of 1988 );

"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 6th day of July, 1992.

(2) A word or expression that is used in these Regulations and is also used in Council Directive 85/73/EEC of 29 January 1985, Council Decisionn 88/408/EEC of 15 June 1988 or Council Directive 88/409/EEC of 15 June 1988 has, unless the contrary intention appears, the meaning in these Regulations that it has in such Council Directives or Council Decision.

3. Regulations 4 and 7 of the Agricultural Produce (Fresh Meat) Act, 1930 (Exporter's Licences) (Fees) Regulations, 1983 ( S.I. No. 412 of 1983 ), are hereby amended by the substitution of "4.5 ECU" for "£3.25" in each Regulation and Regulation 6 of those Regulations is hereby amended by the substitutionn of "0.5 ECU" for "£0.55".

⁽⁴⁾ OJ No. L379, 30.12.1978, p. 1.

4. Regulation 3 of the Agricultural Produce (Fresh Meat) Act, 1930 (Exporter's Licences) (Fees) Regulations, 1985 ( S.I. No. 246 of 1985 ) is hereby amended by the substitution of the following paragraph for paragraphs (2) and (3).

"(2) For the purposes of paragraph (b) of rule 1, the sum of 1.3 ECU is hereby prescribed as the appropriate sum for a pork exporter's licence".

5. The Pigs and Bacon Act, 1935 (Part II) (No. 11) Regulations, 1985 ( S.I. No. 247 of 1985 ), are hereby amended by the substitution of the following Regulation for Regulation 3.

"3. For the purposes of section 28 (1) of the Pigs and Bacon Act, 1935 (No. 24 of 1935), the prescribed sum shall be 1.3 ECU"

6. Section 44 (2) of the Abattoirs Act, 1988 (No. 8 of 1988) is hereby amended by the substitution of "4.5 ECU" for "£3.25", "1.3 ECU" for "£0.75" and "0.5 ECU" for "£0.55".

7. 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 (that is to say, broilers, hens, turkeys, ducks, geese and guinea fowl), by whomsoever owned, entering the slaughterhouse--

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

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

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

8. There shall be charged and levied by the Minister on, and paid to the Minister by, the occupier of an approved cutting plant in respect of unboned meat, by whomsoever owned, entering the plant a fee of 3 ECU for each tonne of such meat.

9. There shall be charged and levied by the Minister on, and paid to the Minister by, the owner of meat stored in an approved cold store a fee of 3.26 ECU in respect of each tonne of meat, entering the store. A declaration of ownership of the meat, in the form specified in Part III of the Schedule to these Regulations or in such other form as the Minister may specify, shall be submitted to the inspector by the owner or person in charge of the meat at the time of the entry of the meat into the cold store.

10. (1) There shall be charged a fee of 13.03 ECU per hour or part of an hour per inspector for each inspector engaged in health inspection or control duties or both at times other than established inspection times. The fee, which shall be levied on the occupier of an approved meat slaughterhouse, an approved poultry slaughterhouse, an approved cutting plant or the owner of meat entering, stored in or leaving an approved cold store, as may be appropriate, shall be in addition to the charges specified in Regulations 3, 4, 5, 7, 8 and 9 of these Regulations.

(2) For the purposes of this Regulation, the inspector who is in charge at the premises concerned shall complete a return in respect of each four week period, in a form specified by the Minister, of the number of hours or part of hours during which he or any other inspector was so engaged at those premises and the return shall be signed by the occupier or owner concerned as may be appropriate.

(3) In paragraph (I) of this Regulation "established inspection times" means any consecutive period of 8¼ hours between 8 a.m. and 6 p.m. on a Monday to a Thursday other than a public holiday and any consecutive period of 8 hours between 8 a.m. and 6 p.m. on a Friday other than a Good Friday.

11. (1) The occupier of premises, being an approved poultry slaughterhouse, or an approved cutting plant, and the owner of meat stored at an approved cold store, shall make a return to the Minister in respect of each 4 week period--

( a ) if the premises is an approved poultry slaughterhouse, of the number of poultry slaughtered at the slaughterhouse during the immediately preceding 4 week period,

( b ) if the premises is an approved cutting plant, of the quantity of unboned meat that entered the plant during the immediately preceding 4 week period, and

( c ) if the premises is an approved cold store, of the quantity of meat that entered the store during the immediately preceding 4 week period.

(2) A return under this Regulation shall--

( a ) be submitted to the inspector of the premises concerned and shall be addressed to the Secretary, Department of Agriculture and Food, Kildare St., Dublin 2.,

( b ) be made not later than the Thursday following the 4 week period to which the return relates,

( c ) be in the appropriate form set out in Part I of the Schedule to these Regulations or such other form as the Minister may specify, and

( d ) be signed by the occupier or owner concerned and by the inspector concerned.

(3) A person shall not include in a return under this Regulation information that is to his knowledge false or misleading in a material particular.

(4) A person who contravenes this Regulation shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both.

12. (1) The Minister shall, in respect of each 4 week period in respect of which a return is required to be made under Regulation 10 or 11 of these Regulations, complete a certificate in the appropriate form specified in Part II of the Schedule to these Regulations or in such other form as the Minister may specify (referred to subsequently in these Regulations as "a certificate of indebtedness") for each approved meat slaughterhouse, approved poultry slaughterhouse, approved cutting plant and approved cold store stating, as may be appropriate, the amount of the fees payable by the occupier of the poultry slaughterhouse for that period under Regulation 7 of these Regulations in respect of poultry slaughtered at the slaughterhouse, the amount of the fees payable by the occupier of the cutting plant for that period under Regulation 8 of these Regulations in respect of unboned meat entering the plant, the amount of the fees payable by the owner of any meat entering the store during that period under Regulation 9 of these Regulations in respect of meat entering that store or the amount of the fees payable by the occupier or owner concerned for that period under Regulation 10 of these Regulations.

(2) If a person fails to sign a return under Regulation 10 or to furnish a return under Regulation 11 of these Regulations in respect of a 4 week period and the Minister is of opinion that fees under Regulation 7, 8, 9 or 10 of these Regulations are payable by the person in respect of the period, the Minister may estimate the amount of the fees payable by the person in respect of the period and specify that amount in the certificate of indebtedness relating to the period, and that amount shall be deemed to be the amount payable under the certificate in respect of the period.

13. A copy of a certificate of indebtedness shall be served on the occupier of the approved meat slaughterhouse, the occupier of the approved poultry slaughterhouse, the occupier of the approved cutting plant or the owner of the meat in store in the approved cold store to which it relates and where such a certificate is so served--

( a ) the amount of fees specified therein shall be payable by the occupier or owner concerned to the Minister upon the expiration of 14 days from the date of the service of the certificate unless, within that period, the occupier or owner shows to the satisfaction of the Minister either that no such fees or an amount of such fees other than the amount specified in the certificate is payable by him to the Minister in respect of the period to which the fees relate.

( b ) if the occupier or owner, as the case may be, shows pursuant to subparagraph (a) of this paragraph that an amount of such fees other than the amount specified in the certificate is payable by him, the amount so shown shall be payable by him forthwith and any sum in excess of the latter amount paid by the person to the Minister pursuant to the certificate shall be repaid by the Minister to the occupier or owner.

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

14. 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 shall be deemed, until the contrary is shown, to be such a certificate 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.

15. 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 that place,

( 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.

16. Where an offence under these Regulations has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a person, being a director, manager, secretary or other officer of the body corporate or a person who was purporting to act in any such capacity, that person as well as the body corporate shall be guilty of the offence and be liable to be proceeded against and punished accordingly.

17. Where--

( a ) a fee payable under Regulation 7, 8 or 10 of these Regulations by the occupier of an approved poultry slaughterhouse, approved cutting plant or approved meat slaughterhouse is not paid, or

( b ) a fee payable under Regulation 9 or 10 of these Regulations by the owner of meat is not paid,

The Minister may direct inspectors not to perform the functions in respect of which those fees are payable (that is to say, functions in relation to meat at or entering the slaughter house or cutting plant concerned or the property of the owner concerned) until the fee is paid; and the inspectors shall comply with the direction.

18. (1) Regulation 15 of the Regulations of 1976 and,

(2) Regulation 20 of the Regulations of 1987 are hereby revoked.

19. (1) A fee 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 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.

(3) The Public Offices Fees Act, 1879, shall not apply in respect of fees payable under these Regulations.

Regulation 11

SCHEDULE.

PART I.

Form M.I.F.1

Department of Agriculture and Food.

European Communities (Fees for Health Inspections and Controls of Fresh Meat) Regulations, 1992.

RETURN TO BE MADE BY OCCUPIER OF APPROVED POULTRY SLAUGHTERHOUSE.

(This Return should reach the Department not later than the Thursday following the period to which the Return relates).

(1) Approval number of Poultry Slaughterhouse ............................................................ .................

............................................................ ............................................................ ........................................

(2) Address of Approved Poultry Slaughterhouse ............................................................ .............

............................................................ ............................................................ ........................................

(3) Occupier of Approved Poultry Slaughterhouse ............................................................ .............

............................................................ ............................................................ ........................................

(4) Quantity of poultry slaughtered at the slaughterhouse each week during the 4 week period ended the ............... day of ................................ 19 ....:--

I/We certify that the particulars entered on this Form are correct.

To: The Secretary,

Department of Agriculture and Food, Kildare Street, Dublin 2.

Regulation 11

Form M.I.F.2.

Department of Agriculture and Food.

European Communities (Fees for Health Inspections and Controls of Fresh Meat) Regulations, 1992.

RETURN TO BE MADE BY OCCUPIER OF APPROVED CUTTING PLANT.

(This Return should reach the Department not later than the Thursday following the period to which the Return relates).

(1) Approval number of Cutting Plant ............................................................ ..................................

............................................................ ............................................................ ........................................

(2) Address of Approved Cutting Plant ............................................................ ...............................

............................................................ ............................................................ .......................................

(3) Occupier of Approved Cutting Plant ............................................................ ..............................

............................................................ ............................................................ ........................................

(4) Quantity of unboned meat that entered the plant on each week during the 4 week period ended the ......... day of ...................... 19 ....:--

I/We certify that the particulars entered on this Form are correct

To: The Secretary,

Department of Agriculture and Food, Kildare Street, Dublin 2.

Regulation 11

Form M.I.F.3.

Department of Agriculture and Food.

European Communities (Fees for Health Inspections and Controls of Fresh Meat) Regulations, 1992.

RETURN TO BE MADE BY OWNER OF MEAT STORED IN APPROVED COLD STORE.

(This Return should reach the Department not later than the Thursday following the period to which the Return relates).

(1) Owner and address of Meat in Cold Store ............................................................ ......................

............................................................ ............................................................ ........................................

(2) Approval number of Cold Store ............................................................ .......................................

............................................................ ............................................................ ........................................

(3) Address of Approved Cold Store ............................................................ .....................................

............................................................ ............................................................ ........................................

(4) Occupier of Approved Cold Store ............................................................ ...................................

............................................................ ............................................................ ........................................

(5) Quantity of meat entering the Cold Store on each week during the 4 week period ended the ............. day of ....................... 19 .... :--

I/We certify that the particulars entered on this Form are correct

To: The Secretary,

Department of Agriculture and Food, Kildare Street, Dublin 2.

PART II.

Regulation 12

Form M.I.F.4

Department of Agriculture and Food.

European Communities (Fees for Health Inspections and Controls of Fresh Meat) Regulations, 1992.

CERTIFICATE OF INDEBTEDNESS.

THIS IS TO CERTIFY THAT the amount of the fees payable under Regulation 7 of the above Regulations by ............................................................ ............................................................ ...........................

............................................................ ............................................................ .......................................................

of ............................................................ ............................................................ ...................................................

............................................................ ............................................................ .......................................................

(who is/are the occupier/s of ............................................................ ............................................................ ...

Approved Poultry Slaughterhouse Number ............................................................ ......................................

situated at ............................................................ ............................................................ ...................................)

in respect of poultry slaughtered at the slaughterhouse during the period from the ............. day of ..................................... 19............ to the ................ day of ................ 19 ........ , inclusive, is £ . .

Regulation 12

Department of Agriculture and Food.

Form M.I.F.5

European Communities (Fees for Health Inspections and Controls of Fresh Meat) Regulations, 1992.

CERTIFICATE OF INDEBTEDNESS.

THIS IS TO CERTIFY THAT the amount of the fees payable under Regulation 8 of the above Regulations by ............................................................ ............................................................ ...........................

............................................................ ............................................................ .......................................................

of ............................................................ ............................................................ ..................................................

............................................................ ............................................................ ........................................................

who is/are the occupier/s of ............................................................ ............................................................ .....

Approved Cutting Plant Number............................................................ .........................................................

situated at ............................................................ ............................................................ ...................................)

in respect of unboned meat entering the Plant during the period from the ............. day of ................................. 19............ to the ................ day of ................ 19 ........ , inclusive, is £ .  .

Regulation 12

Department of Agriculture and Food.

Form M.I.F.6

European Communities (Fees for Health Inspections and Controls of Fresh Meat) Regulations, 1992.

CERTIFICATE OF INDEBTEDNESS.

THIS IS TO CERTIFY THAT the amount of the fees payable under Regulation 9 of the above Regulations by ............................................................ ............................................................ ...........................

............................................................ ............................................................ .......................................................

of ............................................................ ............................................................ .................................................

............................................................ ............................................................ ......................................................

(who is/are the owner/s of meat stored in ............................................................ ..........................................

Approved Cold Store Number ............................................................ ............................................................ .

situated at ............................................................ ............................................................ ..................................) in respect of meat entering the Cold Store during the period from the ............. day of ..................................... 19............ to the ................ day of ................ 19 ........ , inclusive, is £ . .

Regulation 12

Department of Agriculture and Food.

Form M.I.F.7

European Communities (Fees for Health Inspections and Controls of Fresh Meat) Regulations, 1992.

CERTIFICATE OF INDEBTEDNESS.

THIS IS TO CERTIFY THAT the amount of the fees payable under Regulation 10 of the above Regulations by ............................................................ ............................................................ ............................

............................................................ ............................................................ ........................................................

of ............................................................ ............................................................ ..................................................

............................................................ ............................................................ ........................................................

(who is/are the occupier/s of an Approved Meat Slaughtterhouse or Poultry Slaughterhouse or Cutting plant at ............................................................ ............................................................ ...........................

and/or who is/are owner/s of meat entering, stored in or leaving an Approved Cold Store at ..............

............................................................ ............................................................ ........................................................

in respect of each inspector engaged in health inspection or control duties or both at times other than established inspection times during the period from the ............. day of ..................................... 19............ to the ................ day of ................ 19 ........ , inclusive, is £ .  .

PART III.

Regulation 9

Form M.I.F.8

European Communities (Fees for Health Inspections and Controls of Fresh Meat) Regulations, 1992.

DECLARATION OF OWNERSHIP OF MEAT STORED AT AN APPROVED COLD STORE

I, ............................................................ ............................................................ .....................................................

of ............................................................ ............................................................ ...................................................

............................................................ ............................................................ ........................................................

hereby declare, that the meat described below entering the approved cold store of...............................

............................................................ ............................................................ ........................................................

at ............................................................ ............................................................ ...................................................

............................................................ ............................................................ ........................................................

on the ................ day of ........................... is owned by

Name ............................................................ ............................................................ .............................................

Address ............................................................ ............................................................ ........................................

Description of Meat.

GIVEN under my Official Seal, this 3rd day of July, 1992.

JOE WALSH,

Minister for Agriculture and Food.

EXPLANATORY NOTE.

These Regulations implement, with effect from 6 July 1992, Council Directive 85/73/EEC of 29 January 1985, Council Decision 88/408/EEC of 15 June 1988 and Council Directive 88/409/EEC of 15 June 1988 by

( a ) revising the fees payable for veterinary inspection of cattle, horses, sheep, pigs and poultry at both domestic and export-approved meat (including poultrymeat) plants,

( b ) introducing fees for health inspection and control of fresh meat at export -- approved cutting plants and cold stores and,

( c ) providing a fee in respect of overtime costs involved in inspection and control at the export plants.