The Plant Health etc. (Fees) (England) Regulations 2018

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Import inspection feesE+W

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3.—(1) This regulation applies in relation to a third country consignment [F1insofar as it includes] plants, plant products or other objects of a description specified in column 1 of the table in Schedule 1 that [F2fall within] [F3Part A of Annex 11, or Annex 12, to Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants] F4....

[F5(2) The fee payable by the importer of a third country consignment in respect of a documentary check of each phytosanitary certificate or phytosanitary certificate for re-export accompanying the consignment is—

(a)in the case of a consignment originating in Liechtenstein containing any plants or plant products falling within the table in Schedule 2B and also within the Schedule to the Official Controls (Plant Health) (Frequency of Checks) Regulations 2022, £5.25;

(b)in the case of a consignment to which sub-paragraph (a) does not apply, originating in an EU Member State, Liechtenstein or Switzerland and containing only plants or plant products falling within the table in Schedule 2B, £0.15;

(c)in any other case, £5.25.]

[F6(2A) Subject to paragraphs (2B), (2C) and (2E), the fees payable by the importer of a third country consignment in respect of liability to a physical check and identity check that may be carried out on the consignment (whether or not any such check is carried out) are, where a consignment includes plants, plant products or other objects of a description specified in column 1 of the table, which originate in a country specified in the corresponding entry in column 2 of the table—

(a)the fee specified in column 3 of the table in respect of a physical check of plants, plant products or other objects of each such description included in the consignment; and

(b)the fee specified in column 4 of the table in respect of an identity check of plants, plant products or other objects of each such description included in the consignment.]

[F7[F8(2B) The fees specified under paragraph (2A) in respect of liability to a physical check and identity check of cut flowers, fruit, vegetables or leaves are payable in respect of a single lot of the kind in question.]

[F9(2C) Where a consignment includes two or more plants, plant products or other objects falling within a single category specified in column 1 of the table, the fee payable under paragraph (2A) in respect of liability to a physical check or identity check of the plants, plant products or other objects within the category in question is—

(a)so far as the consignment includes two or more lots either of cut flowers or of fruit, vegetables or leaves—

(i)the fee payable in respect of a single lot of cut flowers or of fruit, vegetables or leaves (as the case may be); or

(ii)where different amounts are specified in relation to the lots in question, a fee equal to the highest of the fees relating to liability to a physical check or identity check (as the case may be);

(b)so far as the consignment includes any other plants, plant products or other objects which originate in the same country—

(i)the fee payable in respect of a single plant, plant product or other object of any of the descriptions in question; or

(ii)where different amounts are specified in relation to those plants, plant products or other objects, a fee equal to the highest of the fees relating to liability to a physical check or identity check (as the case may be).]

F10(2D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11(2E) No fee is payable under paragraph (2A) in respect of—

(a)any consignment originating in an EU Member State, Liechtenstein or Switzerland introduced into England through a relevant port before 31st October 2024; or

(b)any plants listed in the table in Schedule 2A to the Plant Health (Amendment etc.) (EU Exit) Regulations 2020 contained in any consignment originating in an EU Member State, Liechtenstein or Switzerland, introduced into England before 31st October 2024.

(2EA) Paragraph (2E) does not apply to any goods—

(a)contained in a consignment originating in Liechtenstein; and

(b)falling within the Schedule to the Official Controls (Plant Health) (Frequency of Checks) Regulations 2022.]

[F12(2F) Where an inspector suspects that a third country consignment is infected with a controlled plant pest and takes a sample from the consignment for laboratory testing to confirm whether the pest is present, the fee payable by the importer of the third country consignment is £147.35 for each sample tested.

(2G) For the purposes of this regulation [F13and the table]—

(a)“leaves” means vegetables, herbs and spices, so far as they take the form of leaves with or without stems or stalks attached, and the loose leaves of any other plants;

(b)“vegetables”, except in sub-paragraph (a), means vegetables other than in so far as they take the form of leaves.]

[F14(3) In this regulation—

(a)“category”, in relation to anything specified in column 1 of the table, means a grouping which is listed in column 1 in bold typeface;

(b)“controlled plant pest” means a GB quarantine pest, a provisional GB quarantine pest, a PFA quarantine pest or a GB regulated non-quarantine pest;

(c)“description”, in relation to anything specified in column 1 of the table, means the specific description in respect of which a fee is specified;

(d)“lot” means one or more units of a single commodity, identifiable by its homogeneity of composition and origin, which form part of a consignment;

[F15(da)“relevant port” means any of the following seaports—

(i)Barrow;

(ii)Ellesmere Port;

(iii)Garston;

(iv)Heysham;

(v)Lancaster;