The Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2010

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Plant Health (Import Inspection Fees) (Scotland) Regulations 2005 (“the principal Regulations”). The principal Regulations implement Article 13d of Council Directive 2000/29/EC (O.J. L 169, 10.7.2000, p.1) (“the Council Directive”) which requires Member States to charge fees to cover costs occasioned by the documentary checks, identity checks and plant health checks of certain imports of plants, plant products and other objects from third countries.

The Council Directive contains a procedure (Articles 13a(2), 13d(2) and 18(2)) for setting reduced rates of inspection for imports of certain plants and plant products and for charging fees at a proportionately reduced rate.

Schedule 1 to the principal Regulations sets out the standard fees for plant health checks. Schedule 2 to the principal Regulations sets out the fees for reduced rate inspections.

These Regulations substitute Schedule 2 to the principal Regulations in light of the Notification of Reduced Plant Health Checks for Certain Products of 25th June 2010, published by the Commission under Article 2(2) of Commission Regulation (EC) 1756/2004 (O.J. L 313, 12.10.2004, p.6) (“the Commission Regulation”). The Commission Regulation makes provision for the publication of a list of products for which plant health checks may be carried out at a reduced frequency, and specifies the level of the reduced frequency.

The changes to the fees made by these Regulations, which are set at a direct proportion of the standard fee (described in Schedule 1 to the principal Regulations) corresponding to the rate of inspection, are based on the agreed inspection rates set out in the table below:

Genus	Country of origin	Standard fee in Schedule 1 of the principal Regulations	Current rate of inspection	Current reduced rate of fee(1)	New rate of inspection	New reduced rate of fee
(1) Current fee per consignment for cut flowers (up to 20,000 in number) and fruit and vegetables (up to 25,000 kg in weight). Corresponding fees are set in the Regulations for additional quantities, maximum price per consignment and non-daytime working hours.
(2) Consignments subject to an inspection rate of 100% are, by definition, excluded from the reduced rate inspection scheme and are subject to the import inspection fees specified in Schedule 1 to the principal Regulations.
Cut Flowers		£13.24
Dianthus	Colombia		3%	£0.39	5%	£0.66
Dianthus	Israel		50%	£6.62	100%(2)	-
Dianthus	Kenya		25%	£3.31	5%	£0.66
Rosa	Colombia		5%	£0.66	3%	£0.39
Rosa	Ethiopia		10%	£1.32	5%	£0.66
Rosa	Kenya		10%	£1.32	5%	£0.66
Rosa	Tanzania		15%	£1.98	10%	£1.32
Rosa	Uganda		100%	-	25%	£3.31
Rosa	Zambia		50%	£6.62	25%	£3.31
Fruit		£13.24
Citrus	Egypt		25%	£3.31	15%	£1.98
Citrus	Honduras		50%	£6.62	75%	£9.93
Mangifera	Brazil		10%	£1.32	50%	£6.62
Psidium	Brazil		75%	£9.93	100%(2)	-
Prunus	USA		50%	£6.62	25%	£3.31
Pyrus	South Africa		15%	£1.98	10%	£1.32

No Business and Regulatory Impact Assessment has been prepared for this instrument as it has no impact on the cost of business.