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=128356

Overview (table of contents) Annex 1 The full text of the Ordinance on the charge for the control of feed and foderstofvirksomheder1)

Under section 1, paragraph 3, nr. 11 of the law on animal feed, see. lovbekendtgørelse nr. 192 of 12. March 2009, section 45, paragraph 1, of the lov nr. 526 of 24. June 2005 about foods, and under the authority shall be based on:

Executive order scope

§ 1. Feed business operators in accordance with Ordinance on feed and feed business operators are registration or authorisation, must 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 law on animal nutrition, the Executive order on 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 European Parliament and Council Regulation (EC) No 1782/2003. 220/2009 of 11. March 2009, 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 amended by Commission Regulation (EC) No 1782/2003. 202/2008 of 4. March 2008, 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. 777 of 4. August 2008, European Parliament and 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. 298 of 11. March 2008, European Parliament and 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 European Parliament and Council Regulation (EC) No 1782/2003. 767/2009 of 13. July 2009, the European Parliament and of the Council Regulation (EC) No 1782/2003. 183/2005 of 12. January 2005 on requirements for feed hygiene, as well as European Parliament and Council Regulation (EC) No 1782/2003. 852/2004 of 29 April 2004. April 2004 on the hygiene of foodstuffs, as amended by Commission Regulation (EC) No 1782/2003. 1019/2008 of 17. October 2008.

Application fee

§ 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, pay a fee, as set out in annex 1 (A).

Yearly basic fee

§ 3. Feed business operators, apart from companies that only do activities as referred to in paragraph 2 or 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 animals, as is requiring registration under section 2, paragraph 2, of the Act on agricultural use of fertilisers and plant cover, and do not use pre-mixes or feed 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.

(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.

Amount of fee, etc.

Production

§ 5. 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.

(2). 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.

(3). 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 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.

Trade and export

§ 7. 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, including companies involved in the primary production that either import 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, A, of feed additives in pure form, style the feed style additives or feed materials included in the imported or introduced forage.

§ 8. Exempted from the fee are feed materials or additives 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.

Reporting

§ 9. 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 and the fixing of the annual basic fee. 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.

New businesses

§ 10. For feed business operators, which are approved or registered for the first time, calculate the annual amount of fees for the period from approval or registration chargeable event and to the end of the calendar year concerned on the basis of the company's information about expected import, trade and sale during the period concerned.

(2). In the company's second registreringsår be 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 and sale throughout the calendar year.

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

The levying of the charge and the cessation of activities, etc.

§ 11. 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 or termination as expected feed business is received in the Danish plant Directorate before 31 December 1999. December in the year in question.

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

Reduction of the amount of fee

§ 12. 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 at the feed materials or 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.

(2). 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 or feed additive value to feed business operator in connection with the annual reporting, see. § 12, 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.

(3). Application for reduction of the amount of the fee must be submitted simultaneously with the transmission of the information to be used for the calculation of the amount of the fee referred to in article 6. § 9.

Payment for control, etc.


§ 13. Feed businesses covered by article 3, paragraph 1, must pay for the Danish plant Directorate time usage, see. Annex 1, (D) in the context of supervision before approval, auditing and monitoring, including the preparation and sagsopfølgning on this.

§ 14. In the context of supervision for authentication, auditing and checks paid an initial fee as set out in annex 1 C.

§ 15. 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 this control will be charged 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.

Decay, etc.

§ 16. 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.

Date of entry into force of

§ 17. The notice shall enter into force on the 1. January 2010.

(2). Executive Order No. 1237 of 15. December 2008 on payment for the control of feed and feed business operators shall be repealed.
The Danish plant Directorate, the 15. December 2009 Ole p. Kristensen/Dorthe Nielsen Annex 1

Fees for 2010









 

 





A. application fee, see. § 2





Us $.







For application for registration or approval referred to in article 6. section 22 of the be kendtgørelse on feed and feed business operators paid a ge byr at:





523.00





 

 





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



 





Basic fee:



 





1)





(A).





Feed business operators shall:





2,093.00





 



(B).





Feed business operators, if proceeds from the sale or management of feed in the previous calendar year does not exceed DKK 50,000:





204.00







2)





Feed business operators who use forbland ing is by feeding or feed additives in pure form:





1,570.00







3)





Feed business operators involved in the pri mærproduktion of feed materials or feeding the animals and who will not use the premixtures or additives in pure form:





130.00





 

 





C. starting fee, see. section 14:



 





PR. supervision for authentication, auditing or control:





1,256.00





 

 





D. the Danish plant Directorate hourly rates, see. section 13:



 





1)





Academic staff





668.00





 

 

 





2)





Office Assistant/Secretary/Comptroller





493.00





 

 





Time consumption is calculated per tranche of the entire hour.



 



 

 





E. amount of fees, see. section 5, section 6, section 7 and section 8, paragraph 2.



 



 











(A).





(B).







Imports from third countries, intra-EU and sales in Denmark





Exports to third countries







Us $.





Us $.















1)





Feed materials 1;, aside from feed materials referred to in paragraph 6; 2)





Per full 100 tonnes of dry matter





803.00





402.00







2)





Feed materials 1; as part of compound feedingstuffs for fish.





Per full 100 tonnes of dry matter





402.00





301.00







3)





Fodertilsætningsstoffer2 per 100 kg full





12.10





9.04





 






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 necessary for the application of a European Parliament and Council Regulation (EC) No 1782/2003. 882/2004 of 29 April 2004. April 2004 on official controls for the purpose of verification of compliance with feed and food law, animal health and animal welfare rules are complied with (OJ 2004 L 165, p. 1)