Statutory Instruments made by the National Assembly for Wales

(a) the bird is conveyed from the border inspection post referred to in paragraph (2) to an approved quarantine centre or approved quarantine facility in accordance with Article 7 of Commission Regulation (EC) No. 318/2007 (which provides for the direct transport of birds to approved quarantine facilities or centres); and

(b) the bird is placed and remains in quarantine at that approved quarantine centre or approved quarantine facility in accordance with Article 11(1) of Commission Regulation (EC) No. 318/2007 (which requires birds to be quarantined for at least 30 days).".

(a) ensure that the quarantine centre or quarantine facility is maintained and operated in accordance with—


(i) the minimum conditions in Chapter 1 of Annex IV to Commission Regulation (EC) No. 318/2007 (requirements as to construction and equipment);

(ii) paragraph (1)(a) and (c) of Chapter 2 of that Annex (management requirements); and

(iii) any other conditions attached to an approval granted under this regulation;



(b) provide such information to the Welsh Ministers as they may request to enable them to comply with Article 17(2) of Commission Regulation (EC) No. 318/2007 (requiring annual reports from member States to the European Commission as to the number of imported birds, mortality rates and confirmed cases of disease);

(c) provide such assistance to any veterinary inspector carrying out the functions of the official veterinarian under Commission Regulation (EC) No. 318/2007 as that veterinary inspector may reasonably require.

    (4) In relation to any consignment of captive birds placed in quarantine pursuant to Article 11(1) of Commission Regulation (EC) No. 318/2007, the quarantine manager must—

(a) ensure compliance with the following Articles of that Commission Regulation—


(i) 10(1)(b) (requiring notification of the arrival of a consignment at the quarantine centre or quarantine facility);

(ii) 11(1);

(iii) 12(2) and (3) (imposing requirements in relation to the use of sentinel birds); and

(iv) 15 (requiring action where Chlamydophyla psittaci is suspected);



(b) ensure there is surveillance of the captive birds during their quarantine which is adequate for the purposes of the Regulation, and consult with and seek the supervision of a veterinary inspector in respect of any analyses or treatments required under the Regulation;

(c) ensure compliance with the management requirements in paragraphs 2 to 10, and 12 to 15 of Chapter 2 of Annex IV to the Regulation;

(d) where any captive bird or sentinel bird dies during quarantine, make its carcase available to the veterinary inspector for examination in the official laboratory.

    (5) No person may—

(a) contravene any requirement in paragraphs 4 to 6 of Chapter 2 of Annex IV to Commission Regulation (EC) No. 318/2007;

(b) in relation to a captive bird or a sentinel bird which dies during quarantine, remove or dispose of its carcase during the quarantine of captive birds, unless he or she is authorised to do so by a veterinary inspector;

(c) release captive birds in breach of Article 16 of Commission Regulation (EC) No. 318/2007 (requiring written authorisation by the official veterinarian for the release of birds from quarantine).

    (6) A person is unauthorised for the purpose of paragraph 4 of Chapter 2 of Annex IV to Commission Regulation (EC) No. 318/2007 (which prohibits unauthorised persons from entering quarantine centres and quarantine facilities), unless, in relation to a quarantine centre or quarantine facility—

(a) he or she is the quarantine manager;

(b) he or she is a member of staff who enters with the authority of the quarantine manager;

(c) he or she has been authorised to enter by the Welsh Ministers or by a veterinary inspector; or

(d) he or she otherwise enters in fulfilment of a statutory function in relation to animal health, animal welfare or species conservation which he or she is appointed by the Welsh Ministers or by the local authority to perform.

    (7) In so far as not provided for under regulation 30, a veterinary inspector may, in relation to the quarantine of captive birds,—

(a) enter a quarantine centre or quarantine facility to check compliance with these Regulations or with an approval granted under this regulation, or to assess whether it is appropriate to grant such an approval;

(b) inspect and arrange for copies to be taken of any documents or records (including those in electronic form) which he or she reasonably considers relevant for checking compliance as described in sub-paragraph (a); and

(c) take samples and carry out official veterinary supervision.

    (8) A veterinary inspector exercising powers under this regulation must produce, if required to do so, some duly authenticated document showing his or her authority to exercise those powers.

    (9) For the purposes of sampling and testing required under or in connection with Commission Regulation (EC) No. 318/2007, the Veterinary Laboratories Agency (an executive agency of Defra) is the official laboratory.

    (10) In this regulation and Schedule 8—

(a) "official veterinary supervision" means the functions of the official veterinarian under Commission Regulation (EC) No. 318/2007 in relation to a consignment of captive birds to which Article 11(1) of that Commission Regulation applies;

(b) "quarantine manager" means the person in charge of a quarantine centre or quarantine facility for which approval is required pursuant to Article 11 of Commission Regulation (EC) No. 318/2007;

(c) references to sampling and the taking of samples are to the taking of samples required under that Commission Regulation, or which are taken for purposes of reaching a suspected or confirmed diagnosis of Chlamydophyla psittaci.".

(a) must take or require to be taken, the action required under Article 13(1) and (2) of Commission Regulation (EC) No. 318/2007 in relation to avian influenza or Newcastle disease suspected at a quarantine centre or quarantine facility where captive birds are quarantined, imposing such restrictions as are required by that Article;

(b) must, where the Welsh Ministers grant a derogation provided for in Article 14 of that Commission Regulation (relating to findings of low pathogenic avian influenza or Newcastle disease), take or require to be taken such further measures and impose such restrictions as are required under Article 14;

(c) who requires action to be taken by, or imposes restrictions upon, a quarantine manager or other person under this paragraph, must do so by serving notice specifying the action or restrictions to be taken or observed.

    (3) In the event of non-compliance by a quarantine manager with Article 15 of Commission Regulation (EC) No. 318/2007 (requiring treatment of birds suspected of infection with Chlamydophyla psittaci), a veterinary inspector may treat the captive birds concerned, or cause them to be treated, as required by Article 15, and must serve notice extending the period of quarantine required under Commission Regulation (EC) No. 318/2007.".

(a) the Welsh Ministers will determine a rate which represents the reasonable costs and expenses incurred in employing an inspector to undertake that activity during any given unit of time;

(b) the Welsh Ministers will publish the current inspector rate on the Welsh Assembly Government website;

(c) time charged at the inspector rate must be charged in units of no more than half an hour.".

(a) regulation 5(8);

(b) paragraph 6 of Part I of Schedule 4;

(c) paragraphs 2 and 7 of Part I of Schedule 5;

(d) paragraphs 7(7), 8(5) and 9(3) of Part II of Schedule 8.".

(a) imports from another member State of animals and animal products to which an instrument in Part 1 of Schedule 3 applies; or

(b) imports of an animal to which an instrument in Schedule 7 applies from a country subject to that instrument.".

(a) may charge a fee for the provision of samples for quality assurance testing for the purposes of—


(i) assessing an application for an approval under this Schedule;

(ii) assessing whether an approved laboratory remains suitable for approval (in so far as such costs have not been taken into account in determining the annual approval fee); and

(iii) assessing whether suspension of such an approval should be lifted; and



(b) must publish on the Welsh Assembly Government website the current fees which may be charged under this paragraph.

(a) must determine the annual approval fee on the basis of the cost attributable to each laboratory of the items listed in paragraph 3;

(b) may determine different annual approval fees depending on whether the approval relates to:


(i) bacteriological testing for Mycoplasma only;

(ii) serological testing for Mycoplasma only;

(iii) bacteriological testing for Salmonella only;

(iv) serological testing for Salmonella only; or

(v) a combination of (i) to (iv); and



(c) must publish the current annual approval fee or fees on the Welsh Assembly Government website.".

(a) those subject to the provisions of Council Directive 90/539/EEC (excluding domestic fowl),

(b) those birds and their hatching eggs traded within the Community which are subject to the provisions of Council Directive 92/65/EEC; and

(c) captive birds whose import is provided for in Article 4 of Commission Regulation (EC) No. 318/2007.".

(a) may, if they are satisfied in all the circumstances that it is appropriate to do so, grant to a quarantine manager an approval in respect of a quarantine centre or a quarantine facility for which the quarantine manager has charge and which at least meets the minimum conditions set out in Annex IV to Commission Regulation (EC) No. 318/2007;

(b) must comply with Chapter 3 of that Annex in relation to the suspension, revocation or reinstatement of such an approval.

     2. The Welsh Ministers must give reasons in writing—

(a) for refusing an application for an approval;

(b) for attaching conditions to an approval.

     3. Notice of a revocation or suspension of an approval will—

(a) take effect when it is served, unless otherwise stated in the notice;

(b) state—


(i) the reasons for the revocation or suspension, and

(ii) the time and date when it is to take effect;



(c) be served upon the quarantine manager—



(i) in person, or by leaving it at the quarantine centre or quarantine facility concerned; or

(ii) by post addressed to the quarantine manager at the quarantine centre or quarantine facility concerned, in which case it will be deemed to be served at noon on the second day after posting it; and



(d) be copied to the importer, and so far as is practicable, if the importer is not the owner of the birds concerned, to the owner, of captive birds kept at the quarantine centre or quarantine facility at the date the revocation or suspension is to take effect.

     4. Where an approval is revoked or is to be revoked and the continuation of quarantine at the quarantine centre or quarantine facility concerned would in the opinion of a veterinary inspector cause a significant public or animal health risk, he or she may issue directions by notice as to the movement or disposal of birds held in quarantine at the time the notice of revocation is stated to take effect, and such notice must be served and copied to any importer and owner concerned as if it were a notice to which paragraph 3(c) and (d) applied.

(a) an approval;

(b) the lifting of the suspension of an approval; or

(c) the lifting of or amendment of conditions attached to an approval.

    (3) The Welsh Ministers must from time to time determine the fee for each type of application described in sub-paragraph (2) and must publish the current fee on the Welsh Assembly Government website.

    (4) The approval administration fee for any type of application must represent costs and expenses which the Welsh Ministers reasonably consider attributable to the receipt and processing of an application of that type.

    (5) The inspector rate may be charged for time spent by a veterinary inspector inspecting premises to assess compliance with the minimum approval conditions.

    (6) The Welsh Ministers may make a charge at no more than the inspector rate determined for the purposes of this paragraph for time spent by a veterinary inspector travelling to or from premises for purposes of inspecting them to assess compliance with the minimum approval conditions.

    (7) Charges and fees under this paragraph must be paid by the quarantine manager and will be due upon written demand.

    (8) In this paragraph—

(a) "approval" means an approval as provided for in regulation 19 and this Schedule;

(b) "minimum approval conditions" means the minimum conditions set out in Annex IV to Commission Regulation (EC) No. 318/2007.

Charges for official veterinary supervision and sampling
     8. —(1) The Welsh Ministers must make a charge at the inspector rate for time spent by a veterinary inspector at a quarantine centre or quarantine facility in relation to any consignment of captive birds placed in quarantine pursuant to regulation 19—

(a) carrying out official veterinary supervision; or

(b) taking samples.

    (2) The Welsh Ministers may make a charge at no more than the inspector rate determined for the purposes of this paragraph for time spent by a veterinary inspector travelling to or from premises to carry out official veterinary supervision or take samples.

    (3) The Welsh Ministers may make a charge for the administrative costs of official supervision and the taking of samples ("the consignment administration fee").

    (4) The Welsh Ministers must—

(a) from time to time determine the consignment administration fee in relation to consignments of different types and sizes as representing the costs and expenses which the Welsh Ministers reasonably consider attributable to the administration of official supervision and the taking of samples in relation to a type or size of consignment, including the recovery of costs provided for under this Part; and

(b) publish the current fee on the Welsh Assembly Government website.

    (5) Charges under this paragraph must be paid by the importer and will be due upon written demand.

Charges for testing of samples by the official laboratory
     9. —(1) The Welsh Ministers may make a charge for the testing of samples.

    (2) The Welsh Ministers must—

(a) from time to time determine the fee for each type of test as representing the costs and expenses which the Welsh Assembly Government reasonably consider attributable to the undertaking by the official laboratory of a test of that type; and

(b) publish the current fee on the Welsh Assembly Government website.

    (3) Charges under this paragraph must be paid by the importer and will be due upon written demand.

    (4) In this paragraph "testing of samples" means testing and analysis of samples carried out by the official laboratory pursuant to Articles 12 to 15 of and Annex VI to Commission Regulation (EC) No. 318/2007, and includes the removal of tissue post mortem.".