| 09/02/06
 Defra has found an error in legislation following a review of
              the cattle and pigs Artificial Breeding Controls (ABC) Regulations
              which meant that the department does not have an adequate legal
              basis to charge for certain services.
             All payments without an adequate basis which have been made over
              the past six years will be refunded with interest. The regulations
              are now being amended and updated to allow charges to be made. The services are tests for campylobacter in cattle and exit and
              follow-up tests on pigs. It also applies to a second series of
              tests on cattle subject to semen collection for intra-Community
              trade and pigs subject to semen collection for domestic and intra-Community
              trade. The second series tests subject cattle to testing for brucellosis,
              infectious bovine rhinotracheitis, campylobacter foetus and trichomonas
              foetus and subject pigs to testing for brucellosis and Aujeszky’s
              disease. The charges for these services are suspended with immediate effect.
              Customers are to be refunded the fees collected for these services
              for the six-year period prior to this suspension. Fees for which
              there is a legal base will continue to be charged. Defra has not imposed a charge for the second series testing on
              cattle for bovine viral diarrhoea and so there is no refund for
              this test. Artificial insemination centres that are currently operating and
              those that have closed in the last six years will be informed of
              the changes. In most cases Defra will be writing to the ABC Centres
              where the Centre has acted as an agent for the owner of a donor
              animal. Animal owners may wish to contact currently operating insemination
              centres they have used in the last six years to discuss any repayment
              issues they have. Notes: Proposals for new Bovine and Porcine Semen Regulations (control
              regulations) are being constructed as a result of the review exercises
              on the current ABC regulations. As the current 1985 ABC Fees Regulations
              have not been updated or amended since 1992 - it is proposed new and separate Bovine and
              Porcine Semen Fees Regulations will be introduced to bring charges
              levied up to date and in line with inflation. Charges under these
              new fees regulations will be both transparent and fair based on
              charges to industry for official services provided under the new
              AI legislation. The aim of the proposed new fees regulations is to achieve full
              economic cost recovery, as required by Treasury Guidance, and will
              be subject to cost sharing principles laid out in the Animal Health
              and Welfare Strategy for Great Britain published by the Department
              on 24 June 2004. The new fees regulations will come into force
              concurrently with their associated control regulations in 2006. Parallel reviews have been conducted for equivalent services provided
              by the Devolved Administrations in Scotland and Wales. 
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