Notice On Payment For The Control Of Feed And Feed Business Operators

Original Language Title: Bekendtgørelse om betaling for kontrol af foder og foderstofvirksomheder

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=114511

Overview (table of contents) of the Executive order on the scope

   Payment for registration and approval

   Yearly basic fee

   Payment for control, etc.

   Amount of fees

   Decay, etc.

   Date of entry into force of

Annex 1 The full text of the Ordinance on the charge for the control of feed and feed businesses 1)

Under section 1, paragraph 3, nr. 11 of the law on animal feed, see. lovbekendtgørelse nr. 762 of 29. June 2006, and under the authority shall be based on:

Executive order scope

§ 1. Feed business operators who apply for or are approved or registered in accordance with the Ordinance on feed and feed business operators shall pay the fees as set out in annex 1 to cover the cost of administration and control the Danish plant Directorate, etc. pursuant to the notice on the feed and feed business operators, the European Parliament and of the Council Regulation (EC) No 1782/2003. 999/2001 of 22. May 2001 laying down rules for the prevention of the control and eradication of certain transmissible spongiform encephalopathies, as regards feedingstuffs, as last amended by Commission Regulation (EC) No 1782/2003. 727/2007 of 26. June 2007, the European Parliament and of the Council Regulation (EC) No 1782/2003. 178/2002 of 28. January 2002 laying down the General principles and requirements of food law, establishing the European food safety authority and laying down procedures relating to food safety, as last amended by Commission Regulation (EC) No 1782/2003. 575/2006 of 7. April 2006, the European Parliament and of the Council Regulation No 40/94. 1774/2002/EC of 3. October 2002 laying down health rules concerning animal by-products not intended for human consumption, as last amended by Commission Regulation (EC) No 1782/2003. 829 of 28. June 2007, the European Parliament and of the Council Regulation (EC) No 1782/2003. 1829/2003 of 22. September 2003 on genetically modified food and feedingstuffs as last amended by Commission Regulation (EC) No 1782/2003. 1981 of 22. December 2006, the European Parliament and of the Council Regulation (EC) No 1782/2003. 1830/2003, of 22. September 2003 on the traceability and labelling of genetically modified organisms and traceability of food and feed products produced from genetically modified organisms and amending Directive 2001/18/EC, the European Parliament and of the Council Regulation (EC) No 1782/2003. 1831/2003, of 22. September 2003 concerning additives in feedingstuffs as last amended by Commission Regulation (EC) No 1782/2003. 378/2005 of 4. March 2005, as well as European Parliament and Council Regulation (EC) No 1782/2003. 183/2005 of 12. January 2005 on requirements for feed hygiene.

Payment for registration and approval

§ 2. For application for registration or approval referred to in article 6. section 22 of the Ordinance relating to feed and feed business operators, feed companies, with the exception of companies exclusively engaged in primary production of feed materials or feeding the animals and who will not use the premixtures or additives in pure form, pay a fee, as set out in annex 1 (A).

(2). Feed business operators shall be approved in accordance with article 10, paragraph 1 (a), (b) or (c) of the European Parliament and of the Council Regulation (EC) No 1782/2003. 183/2005 of 12. January 2005 on requirements for feed hygiene, must also pay for the Directorate of time at the examination of the application, including for supervision prior to authentication, see. Annex 1 D.

Yearly basic fee

§ 3. Feed business operators, apart from companies that only do activities as set out in paragraphs 2 and 3, shall pay one annual basic fee referred to in article 6. Annex 1 B, nr. 1 per unit, see. section 22 (5) of the Ordinance relating to feed and feed business operators.

(2). Feed business operators who know feeding use pre-mixes or feed additives in pure form, per CVR-nr. or CPR-nr. pay it in annex 1 (B), no. 2, the basic fee.

(3). Feed business operators responsible for primary production of feed materials or feeding the animals and who will not use the premixtures or additives in pure form, must pay it in annex 1 (B), no. 3, the basic fee. The basic fee is charged per CVR-nr. or CPR-nr. Feed business operators by virtue of Executive Order No. 816 of 14. July 2006 on payment for feed control in 2006, the prepaid registration fee for a multiannual period, must first pay basic fee again after the end of the period.

(4). If a unit of a feed business operator pursuant to paragraphs 1 to 3, will have to pay more because the fees for the same device, shall be paid only the basic fee for the most expensive category.

§ 4. Feed business operators who are registered or approved only part of the year, may not require repayment or reduction of the basic fee for the year of termination. Feed business operators who have prepaid registration fee for a multiannual period, however, will get back paid tax for it or the remaining whole years of the multiannual period, located after sunset this year.

Payment for control, etc.

§ 5. Feed business operators, with the exception of enterprises referred to in section 3, paragraphs 2 and 3, must pay for the Danish plant Directorate time usage, see. Annex 1, (D) in the context of supervision before approval and audit regulation. the definition given in art. 2, no. 6 of the European Parliament and of the Council Regulation No 40/94. 882/2004 of 29 April 2004. April 2004 (control regulation).

§ 6. Feed business operators, with the exception of enterprises referred to in section 3 (2) and (3) shall pay the Danish plant Directorate of time at the company and follow-up in connection with extraordinary control, see. Annex 1, d. Also is paid for each hour billed control on the company for further 1.5 hour for preparation of control.

§ 7. In the context of supervision before authentication, audit, extraordinary control and by sampling a starting fee is paid as provided for in annex 1, C.

§ 8. Food business operators also are approved or registered as operators in accordance with Ordinance on feed and feed business operators, because they sell by-products for use as animal feed, is controlled solely by the veterinary and Food Administration, see. notice of delegation of certain tasks to the Food Agency. For the control, such as veterinary and Food Administration or food regions on this basis performs for Food Ministry, charged there is no payment in accordance with rates set out in annex 1, d., in this order, but only in accordance with the food administration charges, see. notice on payment of checks of food and live animals, etc.

Amount of fees

§ 9. Feed businesses selling feed materials to the end user in this country, to other EU countries or for export shall pay the amount of the fee of the feed materials, as defined in annex 1, (E), no. 1 (A) or (B).

(2). Feed business operators for use on own farm either import, or from another EU country are introducing feed materials, compound feedingstuffs or pre-mixtures, must pay the amount of fees, as set out in annex 1, (E), no. 1 (A).

(3). Feed business operators who produce premixtures to be amount by selling pay fee as set out in annex 1, (E), no. 1, (A) or (B) of the feed materials included in the produced feed.

(4). Feed business operators who produce compound feedingstuffs, with the exception of feedingstuffs for fish, must pay on the sale amount of fee as set out in annex 1, (E), no. 1 (A) or (B) of the feed materials included in the produced feed.

(5). Feed business operators who produce compound feedingstuffs for fish, must pay on the sale amount of fee as set out in annex 1, (E), no. 2 (A) or (B) of the feed materials included in the produced feed.

(6). Feed business operators that either import or from another EU country are introducing feed, must pay on the sale amount of fee as set out in annex 1, (E), no. 1, (A) or 2 (A), of the feed materials included in the imported or introduced forage.

§ 10. Exempted from the fee are feed materials which demonstrably have previously triggered fee to Danish plant Directorate by circulation within the European Union.

(2). Feed materials which demonstrably have previously triggered fee to Danish plant Directorate on exports, imposed by the reintroduction in Denmark a fee equal to the difference between the tariff for feed materials sold to countries outside the EU and feed materials that are sold within the EU, see. Annex 1, (E), no. 1 and 2.

(3). Feed business operators, who by the Danish plant Directorate or food the region has been estimated to live up to the requirements laid down in European Parliament and Council Regulation (EC) No 1782/2003. 183/2005 of 12. January 2005 on requirements for feed hygiene, achieves a reduction of 5 per cent of the amount of the fee on feed materials. If a feed business operator may have received such a positive assessment from both the Danish plant Directorate and food region, however, only be achieved an overall reduction of 5 per cent of the amount of the fee.

(4). Amount of fee calculated by the feed materials contained in feedingstuffs. In cases where the calculated fee makes up such a large amount compared to the feedstuff value that feed business operator in connection with the annual reporting, see. § 13, can prove that the amount of the fee will significantly distort competition, the Danish plant Directorate carry out a reduction of the amount of the fee.

§ 11. Feed business operators who produce feed additives, must pay on the sale amount of fee as set out in annex 1, (E), no. 3, of the produced feed additives.

(2). Feed businesses, including farming, that either import feed or from another EU country are introducing feed, by sale or by use on own farm pay amount fee as set out in annex 1, (E), no. 3, of feed additives in pure form or the additives contained in the feed.

§ 12. Except for fee are feed additives, which demonstrably have previously triggered fee to Danish plant Directorate by circulation within the European Union.


(2). Feed additives, which demonstrably have previously triggered fee to Danish plant Directorate on exports, imposed by the reintroduction in Denmark a fee equal to the difference between the tariff for feed additives sold to countries outside the EU and feed additives that are sold within the EU, see. Annex 1, (E), no. 3.

(3). Feed business operators, who by the Danish plant Directorate or food the region has been estimated to live up to the requirements laid down in European Parliament and Council Regulation (EC) No 1782/2003. 183/2005 of 12. January 2005 on requirements for feed hygiene, achieves a reduction of 5 per cent of the amount of the fee on feed additives. If a feed business operator may have received such a positive assessment from both the Danish plant Directorate and food region, however, only be achieved an overall reduction of 5 per cent of the amount of the fee.

(4). Amount of the fee is calculated by the total weight of the feed additive. In cases where the calculated fee makes up such a large amount compared to the feed additive value to feed business operator in connection with the annual reporting, see. § 13, can prove that the amount of the fee will significantly distort competition, the Danish plant Directorate carry out a reduction of the amount of the fee.

§ 13. Feed business operators shall, at the request of the Danish plant Directorate and within a deadline laid down by the Directorate inform the Directorate the information about the company's import, trade, production and sales in the last completed calendar year is necessary for the calculation of the amount of the fees. The Directorate may request additional information and documentation.

(2). Failure by an undertaking to inform the Directorate with the necessary information within the time limit laid down, the Directorate sets the basis for the calculation of quantity charges arbitrarily.

(3). The Danish plant Directorate shall verify the reported information.

§ 14. For feed business operators, which are approved or registered for the first time, calculate the annual amount of fees to cover inspections in the period from the company's approval or registration and to the end of the calendar year concerned on the basis of the company's information about expected import, trade, production and sales for the period in question.

(2). In the company's second wine year calculated amount of the fees to cover the checks in this calendar year on the basis of the company's information about expected import, trade, production and sales throughout the calendar year.

(3). From the company's third year of manufacture is calculated amount of fees in the current calendar year on the basis of the company's information on the actual import, trade, production and sale in the immediately preceding year.

§ 15. The annual amount of fees levied at the time of collection, which at is the owner of the company concerned.

(2). Feed business operators, who, as a result of the termination of unsubscribing their approval or registration in the course of a calendar year, can get refunded amount of fees corresponding to the portion of the calendar year in which the company no longer has any activity, if notice of termination as feed business or anticipated termination as feed business is received in the Danish plant Directorate no later than the 1. November of that year.

(3). Mergers and acquisitions in the course of a calendar year results in no refund of fees.

Prorating of the annual initial and amount of fees

§ 16. The annual basic amount and fees as listed in annex 1 (B) and (E) of the basic regulation. sections 3-4 and § § 9-15 in the financial year 2008 is calculated proportionately, taking fees for the period from 1 January. January 2008 to 30. April 2008 is calculated on the basis of the rates set out in annex 1 (B) and (D) of the basic regulation. section 4, section 5 and § § 9-13, in Decree No. 1723 by 21. December 2006 on payment for the control of feed and feed business operators.

Decay, etc.

§ 17. Fees are due upon request and payment must be made within 30 days after the invoice date.

(2). Paid fees due not in a timely fashion, you have to pay an annual interest rate equal to the interest rate under the interest Act § 5. The applied interest, however, is at least 50 us $.

(3). For a reminder fee of reminders 100 kr.

(4). There are udpantningsret for fees, including reminder fee and interest.

Date of entry into force of

§ 18. The notice shall enter into force on the 1. May 2008.

(2). Executive Order No. 1723 by 21. December 2006 on payment for the control of feed and feed business operators shall be repealed.
The Danish plant Directorate, the 28. April 2008 Ole p. Kristensen/Dorthe Nielsen Annex 1

Fees for 2008







 

 





A. application fee, see. § 2 (1)





Us $.







For application for registration or approval referred to in article 6. section 22 of the be-



 





kendtgørelse of feed and feed business operators paid a ge-



 





BYR at:





512.00





 

 





B. Yearly basic fee referred to in article 6. § 3



 





Basic fee:



 





1)





Feed business operators shall:





2,048.00





 

 

 





2)





Feed business operators who know feeding using forblan-



 



 



Dinger or feed additives in pure form:





1,536.00





 

 

 





3)





Feed business operators involved in the primærpro-



 



 



production of feed materials or feeding the animals and which is not used



 



 



that premixtures or additives in pure form:





100.00





 

 





C. starting fee, see. section 7:



 





PR. visit supervision, inspection or sampling are paid a starting fee of:





1,229.00





 

 





D. the Danish plant Directorate hourly rates, see. section 2, paragraph 2, section 5, and section 6:



 





1)





Academic staff





626.00





 

 

 





2)





Office Assistant/Secretary/Comptroller





460.00





 

 





Time consumption is calculated per tranche of half an hour.



 



 

 





E. amount of fees, see. § 9, § 11 and § 14.



 



 









(A).





(B).







Import and sales in the EU





Export







Us $.





Us $.













1)





Feed materials 1;, apart from per full 100 feed materials referred to under





tonnes of dry matter



 

 



 



Nr. 2)



 



786.00





590.00





 

 

 

 

 





2)





Feed materials 1; as the be-





Per full 100 standdel in compound feedingstuffs





tonnes of dry matter



 

 



 



for the fish, see. § 9 (3)



 



393.00





295.00





 

 

 

 

 






3)





Fodertilsætningsstoffer2 per 100 kg full





11.80





8.85





 






1 feed materials, as defined in the Ordinance on feed and feed business operators, except grains of barley, wheat, oats, rye and triticale and processed products thereof.


2 feed additives as defined in European Parliament and Council Regulation (EC) No 1782/2003. 1831/2003 on additives.







Official notes 1) Ordinance contains provisions that implement the European Community Council decisions No. 98/728/EC of 14. December 1998 on the community charge system in the animal feed sector (OJ 1998 L 346, p. 51).