S.I. No. 439/2004 - Diseases of Animals (Inspection Fees) Order, 2004

I, JOE WALSH, Minister for Agriculture and Food, in exercise of the powers conferred on me by Sections 3 and 6 of the Disease of Animals Act 1966 (No. 6 of 1966) as adapted by the Agriculture Food and Rural Development (Alteration of Name of Department and Title of Minister) Order 2002 ( S.I. No. 306 of 2002 ) hereby order as follows—

1. (1) This Order may be cited as the Diseases of Animals (Inspection Fees) Order, 2004.

(2) In this Order—

“individual load” means animals on a single motorised vehicle;

“the Principal Order” means the Diseases of Animals (Inspection Fees) Order, 2002 ( S.I. No. 30 of 2002 ).

3. The Principal Order is amended in Article 2(2) by the substitution for sub paragraph (d) of:

“(d) in case such certificate relates to an animal of the porcine species, other than those being exported to Northern Ireland, a rate of €1.20 per animal, subject to payment for a maximum number of 250 animals per individual load”;

4. The Minister may issue an invoice in respect of fees payable under the Principal Order to the owner or person in charge of animals in respect of which a certificate is issued under Article 19 of the Diseases of Animals (Protection of Animals During Transport) Order, 1995 ( S.I. No. 98 of 1995 ).

5. Where the fees specified in such invoice are not paid within 30 days of the issue thereof, the Minister may direct inspectors not to perform the duties in respect of which the fee is payable until the feed is paid.

6. Where the fees specified in such invoice are not paid within 30 days of the issue thereof, the Minister may charge interest in accordance with the European Communities (Late Payments in Commercial Transactions) Regulations, 2002.

7. A fee or interest due to the Minister under this Order by a person may be recovered from that person by the Minister as a simple contract debt in any court of competent jurisdiction.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order provides for the capping of veterinary inspection fees payable on exports of live pigs.