The Plant Health (EU Exit) (Scotland) (Amendment) Regulations 2021

The Plant Health (Import Inspection Fees) (Scotland) Regulations 2014

2.—(1) The 2014 Regulations are amended as follows.

(2) For regulation 3(2)(b) (application of the import inspection fee) substitute—

“(b) is—

(i) landed in Scotland from a third country, the European Union, Liechtenstein or Switzerland, or

(ii) subject to any agreement made under the provisions of any legislation that establishes the cases where, and the conditions under which, identity checks and physical checks of transhipped consignments and of animals arriving by air or sea and staying on the same means of transport for onward travel may be performed at a border control post other than the one of first arrival under Article 51(1) (specific rules for official controls at border inspection posts) of the Official Controls Regulation.”.

(3) For regulation 4 (fees) substitute—

“4.— (1) Subject to paragraphs (2), (3), (4)(a) and (5)(a), the fee specified for a physical check—

(a) during normal working hours, is the fee specified in the fourth column of schedule 1 and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule, or

(b) outside normal working hours, is the fee specified in the fifth column of schedule 1 and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule.

(2) Paragraph (1) does not apply to a consignment, or such part of a consignment, consisting of plants, plant products or other objects as described in the second column of that schedule originating in the European Union, Liechtenstein or Switzerland.

(3) In the case of a consignment, or such part of a consignment, consisting of any plants, plant products or other objects listed in the second column of schedule 1A and originating from the European Union, Liechtenstein or Switzerland, the fee specified for a physical check—

(a) during normal working hours, is the fee specified in the fourth column of schedule 1A and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule, or

(b) outside normal working hours, is the fee specified in the fifth column of schedule 1A and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule.

(4) In the case of a consignment, or such part of a consignment, consisting of any plants, plant products or other objects listed in the second column of schedule 2 and originating from a country listed in the fourth column of that schedule—

(a) the fee specified for a physical check—

(i) during normal working hours, is the fee specified in the fifth column of schedule 2 and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule, or

(ii) outside normal working hours, is the fee specified in the sixth column of schedule 2 and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule,

(b) the fee specified for an identity check carried out is the fee specified in the seventh column of schedule 2 and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule.

(5) In the case of a consignment, or such part of a consignment, consisting of any plants, plant products or other objects listed in the second column of schedule 2ZA and originating in the European Union, Liechtenstein or Switzerland—

(a) the fee specified for a physical check—

(i) during normal working hours, is the fee specified in the fourth column of schedule 2ZA and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule, or

(ii) outside normal working hours, is the fee specified in the fifth column of schedule 2ZA and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule,

(b) the fee specified for an identity check carried out is the fee specified in the sixth column of schedule 2ZA and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule.

(6) The fee specified for—

(a) a documentary check or an identity check for a consignment or such part of a consignment, consisting of any plants, plant products or other objects for which the fee for a physical check is specified in paragraph (1) and schedule 1 is the fee specified in the third column of table 1 in schedule 2A,

(b) a documentary check or an identity check for a consignment or such part of a consignment, consisting of any plants, plant products or other objects for which the fee for a physical check is specified in paragraph (3) and schedule 1A is the fee specified in the third column of table 1 in schedule 2A,

(c) a documentary check for a consignment or such part of a consignment, consisting of any plants, plant products or other objects for which the fee for a physical check is specified in paragraph (4)(a) and schedule 2 is the fee specified in the third column of table 2 in schedule 2A,

(d) a documentary check for a consignment or such part of a consignment, consisting of any plants, plant products or other objects for which the fee for a physical check is specified in paragraph (5)(a) and schedule 2ZA is the fee specified in the third column of table 3 in schedule 2A.”.

(4) After schedule 1, insert—

Regulations 3 and 4(1)

“SCHEDULE 1A IMPORT INSPECTION FEES FOR PHYSICAL CHECKS ON CONSIGNMENTS ORIGINATING IN THE EUROPEAN UNION, LIECHTENSTEIN OR SWITZERLAND

Item		Plant, plant product or other object	Quantity				*Fees
							Normal working hours			Outside normal working hours
1		Abies	up to 1,000 in number				£30			£54
			for each additional 1,000 units (or part thereof)				£0.50 up to a maximum of £168			£1.00 up to a maximum of £318
2		Acer palmatum	up to 1,000 in number				£30			£54
			for each additional 100 units (or part thereof)				£0.50 up to a maximum of £168			£1.00 up to a maximum of £318
3		Castanea sativa Mill.	up to 1,000 in number				£30			£54
			for each additional 1,000 units (or part thereof)				£0.50 up to a maximum of £168			£1.00 up to a maximum of £318
4		Chamaecyparis sp. Spach bonsai plants**	up to 1,000 in number				£30			£54
			for each additional 100 units (or part thereof)				£0.50 up to a maximum of £168			£1.00 up to a maximum of £318
5		Coffea	up to 1,000 in number				£30			£54
			for each additional 100 units (or part thereof)				£0.50 up to a maximum of £168			£1.00 up to a maximum of £318
6		Ulmus sp.	up to 1,000 in number				£30			£54
			for each additional 100 units (or part thereof)				£0.50 up to a maximum of £168			£1.00 up to a maximum of £318
7		Juniperus sp. L. bonsai plants**	up to 1,000 in number				£30			£54
			for each additional 100 units (or part thereof)				£0.50 up to a maximum of £168			£1.00 up to a maximum of £318
8		Larix	up to 1,000 in number				£30			£54
			for each additional 100 units (or part thereof)				£0.50 up to a maximum of £168			£1.00 up to a maximum of £318
9		Lavandula L.	up to 1,000 in number				£30			£54
			for each additional 100 units (or part thereof)				£0.50 up to a maximum of £168			£1.00 up to a maximum of £318
10		Nerium oleander L.	up to 1,000 in number				£30			£54
			for each additional 100 units (or part thereof)				£0.50 up to a maximum of £168			£1.00 up to a maximum of £318
11		Quercus L.	up to 1,000 in number				£30			£54
			for each additional 100 units (or part thereof)				£0.50 up to a maximum of £168			£1.00 up to a maximum of £318
12		Olea europaea L.	up to 1,000 in number				£30			£54
			for each additional 100 units (or part thereof)				£0.50 up to a maximum of £168			£1.00 up to a maximum of £318
13		Palmae	up to 1,000 in number				£30			£54
			for each additional 100 units (or part thereof)				£0.50 up to a maximum of £168			£1.00 up to a maximum of £318
14		Picea	up to 1,000 in number				£30			£54
			for each additional 100 units (or part thereof)				£0.50 up to a maximum of £168			£1.00 up to a maximum of £318
15		Pinus	up to 1,000 in number				£30			£54
			for each additional 100 units (or part thereof)				£0.50 up to a maximum of £168			£1.00 up to a maximum of £318
16		Pinus parviflora Sieb. & Zucc. (Pinus pentaphylla Mayr) bonsai plants(1)	up to 1,000 in number				£30			£54
			for each additional 100 units (or part thereof)				£0.50 up to a maximum of £168			£1.00 up to a maximum of £318
17		Pinus parviflora Sieb & Zucc. bonsai plants**, grafted on a rootstock of another Pinus species	up to 1,000 in number				£30			£54
			for each additional 100 units (or part thereof)				£0.50 up to a maximum of £168			£1.00 up to a maximum of £318
18		Pinus thunbergi Parl. bonsai plants**, grafted on a rootstock of another Pinus species	up to 1,000 in number				£30			£54
			for each additional 100 units (or part thereof)				£0.50 up to a maximum of £168			£1.00 up to a maximum of £318
19		Platanus	up to 1,000 in number				£30			£54
			for each additional 100 units (or part thereof)				£0.50 up to a maximum of £168			£1.00 up to a maximum of £318
20		Polygala myrtifolia	up to 1,000 in number				£30			£54
			for each additional 100 units (or part thereof)				£0.50 up to a maximum of £168			£1.00 up to a maximum of £318
21		Prunus L.	up to 1,000 in number				£30			£54
			for each additional 100 units (or part thereof)				£0.50 up to a maximum of £168			£1.00 up to a maximum of £318
22		Rosmarinus officinalis L.	up to 1,000 in number				£30			£54
			for each additional 100 units (or part thereof)				£0.50 up to a maximum of £168			£1.00 up to a maximum of £318
Bulbs, corms, rhizomes, tubers, (other than tubers of potatoes), not intended for final users
23		All genera	Per consignment – up to 200kg in weight			£30			£54
			For each additional 10kg (or part thereof)			£0.20 up a maximum of £168			£0.40 up to maximum of £318
Seeds, tissue cultures, not intended for final users
24		All genera	Per consignment up to 100kg in weight			£30			£54
			For each additional 10kg (or part thereof)			£0.50 up to a maximum of £168			£0.90 up to a maximum of £318
Tubers of potatoes
25	Solanum tuberosum L. intended for planting (seed potatoes)		up to 25,000kg in weight		£64					£96
			For each additional 25,000kg		£52					£78
26	Solanum tuberosum L. (ware potatoes), from Spain		up to 25,000kg in weight		£64					£96
			For each additional 25,000kg		£52					£78
Other plants intended for planting not specified elsewhere in this table, not intended for final users
27	All genera			Per consignment				£30			£54
* Fees are rounded up to the nearest pound, with the exception of the additional quantity values which are rounded up to the nearest penny. ** “Bonsai plants” means naturally or artificially dwarfed plants for planting.”.

(5) For schedule 2 (reduced import inspection fees for physical checks) substitute—

Regulations 3 and 4(4)

“SCHEDULE 2 REDUCED IMPORT INSPECTION FEES FOR PHYSICAL AND IDENTITY CHECKS

Item	Product	Quantity	Country of Origin	*Fees
				Normal working hours	Outside normal working hours	Identity check
Bulbs, corms, rhizomes, tubers, (other than tubers of potatoes), intended for final users or to produce plants for final use**
1	All genera	Per consignment – up to 200kg in weight	Any European Union Member State, Liechtenstein or Switzerland	£13.80	£21.60	£0.60
		for each additional 10kg (or part thereof)		£0.02	£0.04
		Maximum price		£26.40	£46.80
Seeds, tissue cultures, intended for final users or to produce plants for final use**
2	All genera	Per consignment – up to 100kg in weight	Any European Union Member State, Liechtenstein or Switzerland	£12.90	£19.80	£0.30
		For each additional 10kg (or part thereof)		£0.02	£0.04
		Maximum price		£19.20	£32.40
Cut Flowers
3	Aster	Up to 20,000 in number	Zimbabwe	£25.50	£45.00	£4.50
		for each additional 1,000 units		£0.15	£0.23
		maximum price		£120.00	£234.00
4	Dianthus	up to 20,000 in number	Colombia	£12.60	£19.10	£0.18
			Ecuador, Turkey	£14.70	£23.40	£0.90
			Kenya	£12.90	£19.80	£0.30
		for each additional 1,000 units	Columbia	£0.01	£0.01
			Ecuador, Turkey	£0.03	£0.05
			Kenya	£0.01	£0.02
		maximum price	Colombia	£16.40	£26.70
			Ecuador, Turkey	£33.60	£61.20
			Kenya	£19.20	£32.40
5	Rosa	up to 20,000 in number	Colombia	£12.60	£19.10	£0.18
			Ecuador	£12.20	£18.40	£0.06
			Ethiopia	£12.90	£19.80	£0.30
			Kenya, Zambia	£13.80	£21.60	£0.60
			Tanzania	£21.00	£36.00	£3.00
		for each additional 1,000 units	Colombia	£0.01	£0.01
			Ecuador	£0.01	£0.01
			Ethiopia	£0.01	£0.02
			Kenya, Zambia	£0.02	£0.03
			Tanzania	£0.10	£0.15
		maximum price	Colombia	£16.40	£26.70
			Ecuador	£13.40	£20.90
			Ethiopia	£19.20	£32.40
			Kenya, Zambia	£26.40	£46.80
			Tanzania	£84.00	£162.00
Branches with foliage, parts of Conifers (other than Christmas trees)
6	All genera	Per consignment – up to 200kg in weight	Any EU Member State, Liechtenstein or Switzerland	£1.50	2.70	£0.30
		For each additional 100kg (or part thereof )		£0.16	£0.18
7	Phoenix	up to 20,000 in number	Costa Rica	£21.00	£36.00	£3.00
		for each additional 1,000 units		£0.10	£0.15
		maximum price		£84.00	£162.00
Fruit
8	Carica papaya	up to 25,000kg in weight	Any third country	£12.90	£19.80	£0.30
		for each additional 1,000kg		£0.04	£0.08
9	Cydonia	up to 25,000kg in weight	Any third country in Europe	£12.90	£19.80	£0.30
		for each additional 1,000kg		£0.04	£0.08
10	Fragaria	up to 25,000kg in weight	Any third country	£12.90	£19.80	£0.30
		for each additional 1,000kg		£0.04	£0.08
11	Malus	up to 25,000kg in weight	Argentina	£18.30	£30.60	£2.10
			Brazil	£21.00	£36.00	£3.00
			Chile, Any third country in Europe, South Africa	£12.90	£19.80	£0.30
			New Zealand	£13.80	£21.60	£0.60
		for each additional 1,000kg	Argentina	£0.28	£0.53
			Brazil	£0.40	£0.75
			Chile, South Africa	£0.04	£0.08
			New Zealand	£0.08	£0.15
12	Persea americana	up to 25,000kg in weight	Any third country	£12.90	£19.80	£0.30
		for each additional 1,000kg		£0.04	£0.08
13	Prunus	up to 25,000kg in weight	Argentina	25.50	£45.00	£4.50
			Chile	£13.80	£21.60	£0.60
			Any third country in Europe	£12.90	£19.80	£0.30
			Morocco	£21.00	£36.00	£3.00
			Turkey	£18.30	£30.60	£2.10
		for each additional 1,000kg	Argentina	£0.60	£1.13
			Chile	£0.08	£0.15
			Any third country in Europe	£0.04	£0.08
			Morocco	£0.40	£0.75
			Turkey	£0.28	£0.53
14	Prunus – other than P. persica	up to 25,000kg in weight	South Africa	£13.80	£21.60	£0.60
		for each additional 1,000kg		£0.08	£0.15
15	Pyrus	up to 25,000kg in weight	Argentina, Chile	£14.70	£23.40	£0.90
			China	£21.00	£36.00	£3.00
			Any third country in Europe	£12.90	£19.80	£0.30
			South Africa	£13.80	£21.60	£0.60
		for each additional 1,000kg	Argentina, Chile	£0.12	£0.23
			China	£0.40	£0.75
			Any third country in Europe	£0.04	£0.08
			South Africa	£0.08	£0.15
16	Ribes	up to 25,000kg in weight	Any third country in Europe	£12.90	£19.80	£0.30
		for each additional 1,000kg		£0.04	£0.08
17	Rubus	up to 25,000kg in weight	Any third country	£12.90	£19.80	£0.30
		for each additional 1,000kg		£0.04	£0.08
18	Vaccinium	up to 25,000kg in weight	Argentina	£16.50	£27.00	£1.50
			Any third country in Europe	£12.90	£19.80	£0.30
			Chile, Peru	£13.80	£21.60	£0.60
		for each additional 1,000kg	Argentina	£0.20	£0.38
			Any third country in Europe	£0.04	£0.08
			Chile, Peru	£0.08	£0.15
19	Vitis	up to 25,000kg in weight	Any third country	£12.90	£19.80	£0.30
		for each additional 1,000kg		£0.04	£0.08
Vegetables
20	Solanum lycopersicon	up to 25,000kg in weight	Canary Islands, Morocco	£12.90	£19.80	£0.03
		for each additional 1,000kg	Canary Islands, Morocco	£0.04	£0.08
21	Solanum melongena	up to 25,000kg in weight	Turkey	£14.70	£23.40	£0.90
		for each additional 1,000kg		£0.12	£0.23
Tubers of potatoes
22	Solanum tuberosum L. (ware potatoes)	up to 25,000kg in weight	Poland, Portugal, Romania	£32	£48	£3.00
		for each additional 25,000kg in weight (or part thereof)		£26	£39
Bark
23	Bark	Per consignment – up to 25,00 in weight	Any European Union Member State, Liechtenstein or Switzerland	£12.90	£19.80	£0.30
		for each additional 1,000kg (or part thereof)		£0.04	£0.13
Other plants intended for planting not specified elsewhere in this table or the table in Schedule 1A, intended for final users or to produce plants for final use**
24	All genera	Per consignment	Any European Union Member State, Liechtenstein or Switzerland	£14.40	£21.60	£0.60
Other objects
25	Machinery or vehicles which have been operated for agricultural or forestry purposes	Per Consignment	Any third country, any European Union Member State, Liechtenstein or Switzerland	£12.90	£19.80	£0.30
* Fees are rounded up to the nearest pound, with the exception of the additional quantity values which are rounded up to the nearest penny. ** “Final use” means any use by a person acting for purposes which are outside that person’s trade, business or profession who acquires plants or plant products for personal use.”.

(6) After schedule 2 insert—

Regulations 3 and 4(5)

“SCHEDULE 2ZA REDUCED IMPORT INSPECTION FEES FOR OTHER CONSIGNMENTS ORIGINATING IN THE EUROPEAN UNION, LIECHTENSTEIN OR SWITZERLAND

Item	Plant, plant product or other object	Quantity	*Fees – Physical checks		Fees – Identity Check
			Normal working hours	Outside normal working hours
1	Cut Flowers (all genera)	Per consignment – up to 20,000 in number	£13.00	£19.00	£0.18
		for each additional 1,000 units (or part thereof)	£0.02 up to a maximum of £20.00	£0.01 up to a maximum of £27.00
2	Cut Christmas trees (all genera)	Per consignment – up to 1,000 in number	£13.00	£19.00	£0.18
		for each additional 1,000 units (or part thereof)	£0.18 up to a maximum of £20.00	£0.36 up to a maximum of £27.00
3	Leaves of plants, such as herbs, spices and leafy vegetables	Per consignment – up to 100kg in weight	£13.00	£19.00	£0.18
		For each additional 10kg (or part thereof)	£0.02 up to a maximum of £20	£0.11 up to a maximum of £318
4	Fruits (all genera) and vegetables (all genera)	Per consignment – up to 25,000kg in weight	£13.00	£19.00	£0.18
		For each additional 1,000kg (or part thereof)	£0.04	£0.06
5	Solanum tuberosum L. (ware potatoes), other than from Poland, Portugal, Romania and Spain	Per lot – up to 25,000 kg in weight	£26.00	£39.00	£0.18
		For each additional 25,000kg in weight (or part thereof)	£26.00	£39.00
6	Grain	Per lot – up to 25,000 kg in weight	£13.00	£19.00	£0.18
		For each additional 1,000kg in weight (or part thereof)	£0.03 up to a maximum of £20.00	£0.04 up to a maximum of £27
Other plants or plant products not specified elsewhere in this table, the table in Schedule 1A, or the table in Schedule 2, other than forest trees, soil and growing medium
7	All genera	Per consignment	£13.00	£19.00	£0.18
* Fees are rounded up to the nearest pound, with the exception of the additional quantity values which are rounded up to the nearest penny.”.

(7) For schedule 2A (import inspection fees for documentary checks and identity checks) substitute—

Regulations 3 and 4(6)

“SCHEDULE 2A IMPORT INSPECTION FEES FOR DOCUMENTARY CHECKS AND IDENTITY CHECKS

Table 1

Check	Quantity	Fee
Documentary check	Per consignment	£6.00
Identity check	Per consignment	£6.00

Table 2

Check	Quantity	Fee
Documentary check	Per consignment	£6.00

Table 3

Check	Quantity	Fee
Documentary check	Per consignment	£6.00”