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

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Scottish Statutory Instruments

2014 No. 338

Plant Health

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

Made

26th November 2014

Laid before the Scottish Parliament

1st December 2014

Coming into force

15th January 2015

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 56(1) and (2) of the Finance Act 1973 M1 and section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 M2 and all other powers enabling them to do so.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972, and it appears to the Scottish Ministers that it is expedient for references to Annex V, Part B of Council Directive 2000/29/EC M3, to be a reference to those provisions of that instrument as amended from time to time.

Marginal Citations

M11973 c.51. The reference to a Government department in section 56(1) is to be read as a reference to the Scottish Administration by virtue of article 2(2) of the Scotland Act (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820) and the functions of the Minister transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46). The requirement to obtain the consent of the Treasury was removed by section 55 of the Scotland Act 1998.

M21972 c.68 (“the 1972 Act”). Section 2(2) was amended by the Scotland Act 1998 (c.46), Schedule 8, paragraph 15(3) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by the European Union Amendment Act 2008 (c.7), Schedule, Part 1. The functions conferred upon the Minister of the Crown under section 2(2) of the 1972 Act, in so far as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998. The powers in section 2(2) are exercised in relation to regulation 6 of these Regulations. Paragraph 1A of Schedule 2 was inserted by section 28 of the 2006 Act and was amended by the 2008 Act, section 3(3) and Schedule, Part 1.

M3OJ L 169, 10.7.2000, p.1, as last amended by Regulation (EU) No 652/2014 (OJ L 189, 27.6.2014, p.1).

Citation, commencement and extentS

1.—(1) These Regulations may be cited as the Plant Health (Import Inspection Fees) (Scotland) Regulations 2014 and come into force on 15th January 2015.

(2) These Regulations extend to Scotland only.

InterpretationS

2.—(1) In these Regulations—

F1...

“consignment” has the same meaning as in Article 2(1)(p) of the Directive;

“the Directive” means Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community M4;

[F2“documentary check” has the same meaning as in Article 13a(1)(b)(i) of the  Directive,]

[F3“the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC;]

[F2“Europe” includes Albania, Andorra, Armenia, Azerbaijan, Belarus, Bosnia and Herzegovina, Canary Islands, Faeroe Islands, Georgia, Iceland, Liechtenstein, Moldova, Monaco, Montenegro, North Macedonia, Norway, Russia (only the following parts: Central Federal District (Tsentralny federalny okrug), Northwestern Federal District (Severo-Zapadny federalny okrug), Southern Federal District (Yuzhny federalny okrug), North Caucasian Federal District (Severo-Kavkazsky federalny okrug) and Volga Federal District (Privolzhsky federalny okrug)), San Marino, Serbia, Turkey and Ukraine,]

[F2“European Union” means the territories of the Member States including the Isle of Man and the Channel Islands but excluding Canary Islands, Ceuta, Melilla, Guadeloupe, French Guiana, Martinique, Réunion, Saint-Barthélemy and  Saint-Martin]

[F2“identity check” has the same meaning as in Article 13a(1)(b)(ii) of the Directive,]

F4...

“landed in Scotland” means introduced into Scotland by any means, including by post;

“normal working hours” means any time between the hours of 6 a.m. to 5 p.m. on any day except—

(a)

a Saturday;

(b)

a Sunday;

(c)

Easter Monday;

(d)

26th December, if it is not a Saturday or Sunday;

(e)

27th December, in a year in which 25th or 26th December is a Sunday; or

(f)

a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971 M5;

[F5“Official Controls Regulation” means Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC, insofar as it applies to rules referred to Article 1(2)(g) of that Regulation;]

“plants” has the same meaning as in [F6Article 2 (definitions), point (1) of the EU Plant Health Regulation];

“plant health check” has the same meaning as in Article 13a(1)(b)(iii) of the Directive;

“plant products” has the same meaning as in [F7Article 2 (definitions), point (2), first sub-paragraph of the EU Plant Health Regulation]; and

[F8“third country” means any country or territory other than—

(a)

one within the European Union,

(b)

Switzerland.]

(2) A reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication, as defined in section 15(1) of the Electronic Communications Act 2000 M6, which has been recorded and is consequently capable of being reproduced.

Textual Amendments

Marginal Citations

M4OJ L 169, 10.7.2000, p.1, as last amended by Regulation (EU) No 652/2014 (OJ L 189, 27.6.2014, p.1).

M62000 c.7. Section 15(1) was amended by the Communications Act 2003 (c.21) section 406 and Schedule 17, paragraph 158.

Application of the import inspection feeS

3.—[F9(1) An importer of a consignment to which this regulation applies must pay to the Scottish Ministers the fees specified in regulation 4.]

(2) This regulation applies to a consignment, or to such part of a consignment, which—

(a)consists of—

(i)plants, plant products and other objects of a description specified in the second column of Schedule 1 and that are listed [F10in Part A of Annex 11 or in 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, and repealing Commission Regulation (EC) No 690/2008 and amending Commission Implementing Regulation (EU) 2018/2019, as amended from time to time;] or

(ii)seeds of Solanaceae M7; and

[F11(b)is subject to—

(i)official controls at a border control post in Scotland pursuant to Article 47(1) of the Official Controls Regulation; or

(ii)any agreement made under the provisions of any delegated act 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 into the Union, adopted by the Commission under Article 51(1) (specific rules for official controls at border inspection posts) of Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC.]

Textual Amendments

Marginal Citations

M7Seeds of Solanaceae are not currently included in Annex V Part B of the Directive however they are included in Annex IV Part A (items 25.6 and 48), which means that plant health, documentary and identity checks (as described in Article 13a of the Directive) are required for the purposes of Article 13(1).

FeesS

4.—(1) Except where paragraph (2) applies, the fee specified for [F12a plant health check] carried out—

(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) In the case of a consignment, or such part of a consignment, consisting of any [F13plants, 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, the fee specified for [F14a plant health check] carried out, or which, but for Article 13a(2) of the Directive (providing for checks to be carried out at reduced frequency M8), would have been required to be carried out—

(a)during normal working hours, is the fee specified in the fifth column of Schedule 2 and corresponding to the relevant [F13plants, 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 sixth column of Schedule 2 and corresponding to the relevant [F13plants, plant products or other objects] as described in the second column of that Schedule.

[F15(3) The fee specified for a documentary check or an identity check carried out is the fee specified for that check in the third column of schedule 2A.]

Textual Amendments

Marginal Citations

M8Article 2(3) of Commission Regulation (EC) 1756/2004 (OJ L 313, 12.10.2004, p.6) requires the Commission to publish a list of the products for which plant health checks may be carried out at a reduced frequency. The latest list is available on the following Website:

http://ec.europa.eu/food/plant/plant_health_biosafety/trade_non_eu/reduced_frequency_checks_en.htm

Additional fees in respect of Potatoes Originating in Egypt and LebanonS

5.—(1) Where paragraph (2) F16... applies, an importer must pay to the Scottish Ministers the fee specified in the fourth column of Schedule 3, in addition to any fee payable in accordance with regulations 3 and 4.

(2) This paragraph applies where potatoes originating in Egypt are landed in Scotland and a sample of those potatoes is taken in order to ascertain whether, for the purposes of point 5 of the Annex to Commission Implementing Decision 2011/787/EU authorising Member States temporarily to take emergency measures against the dissemination of Ralstonia solanacearum (Smith) Yabuuchi et al. as regards Egypt M9, those potatoes are infected with Ralstonia solanacearum (Smith) Yabuuchi et al..

F17(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Marginal Citations

M9OJ L 319, 2.12.2011, p.112.

RevocationsS

6.—(1) Subject to paragraph (2), the following regulations are revoked:—

(a)regulation 6 of the Potatoes Originating in Egypt (Scotland) Regulations 2004 M10;

(b)the Plant Health (Import Inspection Fees) (Scotland) Regulations 2005 M11;

(c)the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2007 M12;

(d)the Plant Health (Import Inspection Fees) (Scotland) Amendment (No. 2) Regulations 2007 M13;

(e)the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2009 M14;

(f)the Plant Health (Import Inspection Fees) (Scotland) Amendment (No. 2) Regulations 2009 M15;

(g)the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2010 M16; and

(h)the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2011 M17.

(2) Despite paragraph (1), an importer must pay to the Scottish Ministers any fee which is payable under regulation 6 of the Potatoes Originating in Egypt (Scotland) Regulations 2004 or regulation 4 of the Plant Health (Import Inspection Fees) (Scotland) Regulations 2005 in respect of a consignment, or part of a consignment, which was landed in Scotland prior to the coming into force of these Regulations.

Marginal Citations

M12S.S.I 2007/138 .

M16S.S.I 2010/405.

RICHARD LOCHHEAD

A member of the Scottish Government

St Andrew's House,

Edinburgh

Regulations 3 and 4(1)

[F18SCHEDULE 1SIMPORT INSPECTION FEES FOR PLANT HEALTH CHECKS

Textual Amendments

ItemPlant, plant product or other objectQuantity*Fees
Normal working hoursOutside normal working hours
1Cuttings, seedlings (except forestry reproductive material), young plants of strawberries or of vegetablesup to 10,000 in number£30£54
for each additional 1,000 units (or part thereof)£0.80 up to a maximum of £168£1.50 up to a maximum of £318
2Shrubs, trees (other than cut Christmas trees), other woody nursery plants including forest reproductive material (other than seed)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
3Bulbs, corms, rhizomes, tubers, intended for planting (other than tubers of potatoes)

Per consignment—

up to 200kg in weight

£30£54
for each additional 10kg (or part thereof)£0.20 up to a maximum of £168£0.40 up to a maximum of £318
4Seeds, tissues cultures

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
5Other plants intended for planting, not specified elsewhere in this table

Per consignment—

up to 5,000 in number

£30£54
for each additional 100 units (or part thereof)£0.20 up to a maximum of £168£0.40 up to a maximum of £318
6Cut flowers

Per consignment—

up to 20,000 in number

£30£54
for each additional 1,000 units (or part thereof)£0.20 up to a maximum of £168£0.30 up to a maximum of £318
7Branches with foliage, parts of conifers (other than cut Christmas trees)

Per consignment—

up to 200kg in weight

£30£54
for each additional 100kg (or part thereof (or part thereof)£1.80 up to a maximum of £168£3.60 up to a maximum of £318
8Cut Christmas trees

Per consignment—

up to 1,000 in number

£30£54
for each additional 100 units (or part thereof)£1.80 up to a maximum of £168£3.60 up to a maximum of £318
9Leaves of plants, such as herbs, spices and leafy vegetables

Per consignment—

up to 100kg in weight

£30£54
for each additional 10kg (or part thereof)£1.80 up to a maximum of £168£3.60 up to a maximum of £318
10Fruits, vegetables (other than leafy vegetables)

Per consignment—

up to 25,000kg in weight

£30£54
for each additional 1,000kg (or part thereof)£0.80£1.50
11Tubers of potatoes

Per lot—

up to 25,000kg in weight

£64£96
for each additional 25,000kg in weight (or part thereof)£52£78
12Soil and growing medium, bark

Per consignment—

up to 25,000kg in weight

£30£54
for each additional 1,000kg (or part thereof)£0.80 up to a maximum of £168£1.50 up to a maximum of £318
13Grain

Per consignment—

up to 25,000kg in weight

£30£54
for each additional 1,000kg (or part thereof)£0.80 up to a maximum of £168£1.50 up to a maximum of £318
14Other plants or plant products not specified elsewhere in this tablePer consignment£30£54
15Machinery and vehicles which have been operated for agricultural or forestry purposesPer consignment£30£54
* Fees include: travel costs (weekday/weekend rate - based on average costs) and the cost of physical inspection, which depends on the type and size of import.
Note: fees are rounded up to the nearest pound, with the exception of the additional quantity values which are rounded up to the nearest decimal point]

Regulations 3 and 4(2)

[F19SCHEDULE 2SREDUCED IMPORT INSPECTION FEES FOR PLANT HEALTH CHECKS

Textual Amendments

ItemProductQuantityCountry of Origin*Fees
Normal working hoursOutside normal working hours
Cut FlowersAsterup to 20,000 in numberZimbabwe£25.50£45.00
for each additional 1,000 units£0.15£0.23
maximum price£120.00£234.00
Dianthusup to 20,000 in numberColumbia£12.60£19.10
Ecuador, Turkey£14.70£23.40
Kenya£12.90£19.80
for each additional 1,000 unitsColumbia£0.01£0.01
Ecuador, Turkey£0.03£0.05
Kenya£0.01£0.02
maximum priceColumbia£16.40£26.70
Ecuador, Turkey£33.60£61.20
Kenya£19.20£32.40
Phoenixup to 20,000 in numberCosta Rica£21.00£36.00
for each additional 1,000 units£0.10£0.15
maximum price£84.00£162.00
Rosaup to 20,000 in numberColumbia£12.60£19.10
Ecuador£12.20£18.40
Ethiopia£12.90£19.80
Kenya, Zambia£13.80£21.60
Tanzania£21.00£36.00
for each additional 1,000 unitsColumbia£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 priceColumbia£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
FruitActinidiaup to 25,000kg in weightAny third country£12.90£19.80
for each additional 1,000kg£0.04£0.08
Carica papayaup to 25,000kg in weightAny third country£12.90£19.80
for each additional 1,000kg£0.04£0.08
Citrusup to 25,000kg in weightEgypt£25.50£45.00
Mexico£21.00£36.00
Morocco, Turkey£12.60£19.10
Peru£13.80£21.60
USA£16.50£27.00
for each additional 1,000kgEgypt£0.60£1.13
Mexico£0.40£0.75
Morocco, Turkey£0.03£0.05
Peru£0.08£0.15
USA£0.20£0.38
Cydoniaup to 25,000kg in weightAny third country in Europe£12.90£19.80
for each additional 1,000kg£0.04£0.08
Fragariaup to 25,000kg in weightAny third country£12.90£19.80
for each additional 1,000kg£0.04£0.08
Malusup to 25,000kg in weightArgentina£18.30£30.60
Brazil£21.00£36.00
Chile, Any third country in Europe, South Africa£12.90£19.80
New Zealand£13.80£21.60
for each additional 1,000kgArgentina£0.28£0.53
Brazil£0.40£0.75
Chile, South Africa£0.04£0.08
New Zealand£0.08£0.15
Mangiferaup to 25,000kg in weightBrazil£21.00£36.00
for each additional 1,000kg£0.40£0.75
Passifloraup to 25,000kg in weightColumbia£13.30£20.60
Kenya, Vietnam£16.50£27.00
South Africa£21.00£36.00
Zimbabwe£25.50£45.00
for each additional 1,000kgColumbia£0.06£0.11
Kenya, Vietnam£0.20£0.38
South Africa£0.40£0.75
Zimbabwe£0.60£1.13
Persea americanaup to 25,000kg in weightAny third country£12.90£19.80
for each additional 1,000kg£0.04£0.08
Prunusup to 25,000kg in weightArgentina£25.50£45.00
Chile£13.80£21.60
Any third country in Europe£12.90£19.80
Morocco£21.00£36.00
Turkey£18.30£30.60
for each additional 1,000kgArgentina£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
Prunus – other than P. persicaup to 25,000kg in weightSouth Africa£13.80£21.60
for each additional 1,000kg£0.08£0.15
Pyrusup to 25,000kg in weightArgentina, Chile£14.70£23.40
China£21.00£36.00
Any third country in Europe£12.90£19.80
South Africa£13.80£21.60
for each additional 1,000kgArgentina, 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
Ribesup to 25,000kg in weightAny third country in Europe£12.90£19.80
for each additional 1,000kg£0.04£0.08
Rebusup to 25,000kg in weightAny third country£12.90£19.80
for each additional 1,000kg£0.04£0.08
Vacciniumup to 25,000kg in weightArgentina£16.50£27.00
Any third country in Europe£12.90£19.80
Chile, Peru£13.80£21.60
for each additional 1,000kgArgentina£0.20£0.38
Any third country in Europe£0.04£0.08
Chile, Peru£0.08£0.15
Vitisup to 25,000kg in weightAny third country£12.90£19.80
for each additional 1,000kg£0.04£0.08
VegetablesSolanum lycopersiconup to 25,000kg in weight

Canary Islands,

Morocco

£12.90£19.80
for each additional 1,000kg

Canary Islands,

Morocco

£0.04£0.08
Solanum melongenaup to 25,000kg in weightTurkey£14.70£23.40
for each additional 1,000kg£0.12£0.23
Other ObjectMachinery and vehicles which have been operated for agricultural or forestry purposesPer consignmentAny third country£12.90£19.80
*Fees include: travel costs (weekday/weekend based on average costs) and the cost of physical inspection, which depends on the type and size of import and the country of origin.
Note: fees are rounded up to the nearest decimal point, with the exception of the additional quantity values which are rounded up to the nearest penny]

Regulations 3 and 4(3)

[F20SCHEDULE 2ASIMPORT INSPECTION FEES FOR DOCUMENTARY CHECKS AND IDENTITY CHECKS

Textual Amendments

CheckQuantityFee
Documentary checkPer consignment£6.00
Identity checkPer consignment£6.00]

Regulation 5

[F21SCHEDULE 3SADDITIONAL FEES

Textual Amendments

1 A sample of 200 tubers will be taken for each 25,000 kg lot.]

ItemPlants, plant products or other objectsQuantity1Fee
1Potatoes originating in Egypt or Lebanonup to 25,000 kg in weight£158
for each 25,000 kg (or part thereof)£158

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement Article 13d of Council Directive 2000/29/EC (OJ L 169, 10.7.2000, p.1) which requires a member State to ensure the collection of fees to cover the 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 which are required by Article 13a(1) of the Directive. These Regulations revoke and replace the Plant Health (Import Inspection Fees) (Scotland) Regulations 2005 (S.S.I. 2005/216) (“the 2005 Regulations”). These Regulations consolidate amendments made to the 2005 Regulations and also increase the level of the applicable fees. They also make provision for additional fees in respect of potatoes originating in Egypt or Lebanon.

Regulation 3 requires the payment of a fee for documentary, identity and plant health checks (“applicable checks”) performed on consignments, or parts of consignments, consisting of plants, plant products and other objects, which are landed in Scotland from a country outside the European Union, or which are in transit within the Union and in respect of which the Scottish Ministers have agreed with the official body of the point of entry of those goods to be responsible for certain matters (under article 12(6) of the Plant Health (Scotland) Order 2005 (S.S.I. 2005/613). The fees are specified in regulation 4. Except where reduced import inspection fees apply (regulation 4(2)), an importer is required to pay the fee specified in Schedule 1 for applicable checks carried out on those consignments (regulation 3(1), 4(1) and Schedule 1). The fee in Schedule 1 is a single fee. In the 2005 Regulations, the fees for plant health checks, documentary checks and identity checks were prescribed separately. The fees prescribed in Schedule 1 to these Regulations are also higher than the fees prescribed in Schedule 1 to the 2005 Regulations.

Table A provides a comparison of the fees:—

TABLE A

1 Additional fees for documentary check (£5.29) and identity check (£5.29 for truck load size or £10.58 for larger load) require to be added to the plant health check fee on each consignment. These fees were prescribed in Schedule 3 to the 2005 Regulations.

2 There is no maximum price for plants, plant products or other objects falling within the description “Fruits, vegetables (other than leafy vegetables)” in Schedule 1.

Fee in 2005 Regulations (for plant health check only) 1 New Fee (for applicable checks)
Normal working hoursOutside normal working hoursNormal working hoursOutside normal working hours
Tubers of potatoes£39.72 for each 25,000kg£59.58 for each 25,000kg£76 for the first 25,000kg and £52 for each 25,000kg thereafter£108 for the first 25,000kg and £78 for each 25,000kg thereafter
All other entries listed in Schedule 1£13.24 for a standard consignment size (specified per entry)£19.86 for a standard consignment size (specified per entry)£42 for a standard consignment size (specified per entry)£66 for a standard consignment size (specified per entry)
Up to a maximum of £105.92 may be charged for additional units2Up to a maximum of £158.88 may be charged for additional unitsUp to a maximum of £168 may be charged for additional unitsUp to a maximum of £318 may be charged for additional units
Additional fees per consignment (Schedule 3 of the 2005 Regulations): Documentary Check: £5.29 Identity Check: £5.29 (for up to truck load size) or £10.58 (for larger load)

Regulation 4(2) and Schedule 2 prescribe the reduced import inspection fees which apply (whether or not a plant health inspection is in fact carried out) in respect of applicable checks of certain cut flowers, fruits and vegetables originating in the countries specified in Schedule 2. The fee in Schedule 2 to these Regulations is a single fee. In the 2005 Regulations the documentary, identity and plant health checks were subject to separate fees. Pursuant to Article 2 of Commission Regulation (EC) 1756/2004 (OJ L 313, 12.10.2004, p.6) the European Commission notifies member States of the items which should be subject to reduced inspection and of the rate of such inspection. Schedule 2 takes account of the most recent Commission Notification on reduced inspection rates as published on the following Website: http://ec.europa.eu/food/plant/plant_health_biosafety/trade_non_eu/reduced_frequency_checks_en.htm.

Schedule 2 also increases the fees which are payable.

Table B provides a comparison of the fees:—

TABLE B

1 Fee is per consignment of up to 20,000 cut flowers and up to 25,000kg of fruit and vegetables and relate to checks carried out during normal working hours. Fees for additional quantities and the maximum fee per consignment are also prescribed in Schedule 2, together with corresponding fees for checks carried out outside normal working hours.

2 Additional fees for documentary check (£5.29) and identity check (£5.29 for truck load size or £10.58 for larger load) require to be added to the plant health check fee on each consignment. These fees were prescribed in Schedule 3 to the 2005 Regulations.

3 Fee is per consignment of up to 20,000 cut flowers and up to 25,000kg of fruit and vegetables and relate to checks carried out during normal working hours. Fees for additional quantities and the maximum fee per consignment are also prescribed in Schedule 2, together with corresponding fees for checks carried out outside normal working hours.

GenusCountry of OriginReduced Rate Fee in 2005 Regulations1 (for plant health check only)2New reduced Rate Fee3 (for applicable checks)Rate of Inspection in Period 01.10.2014 – 2015)
Cut Flowers
DianthusColumbia£0.66£24.603%
Ecuador£1.98£26.7015%
Kenya£0.66£24.905%
Turkey£3.31£28.5025%
PhoenixCosta Rica-£30.3035%
RosaColumbia£0.39£24.603%
Ecuador£0.39£24.603%
Ethiopia£0.66£25.8010%
Kenya£0.66£24.905%
Tanzania£1.32£26.7015%
Zambia£3.31£26.7015%
Fruits
CitrusEgypt£1.98£26.7015%
Israel£1.98£25.8010%
Mexico£3.31£25.8010%
Morocco£0.66£24.905%
Peru£4.63£25.8010%
Tunisia-£37.5075%
Turkey£0.39£24.603%
Uruguay£1.98£37.5075%
USA£1.98£26.7015%
MalusArgentina£1.32£28.5025%
Brazil£1.98£28.5025%
Chile£0.92£24.905%
New Zealand£1.32£25.8010%
South Africa£1.32£24.905%
USA£3.31£33.0050%
PassifloraColombia£1.32£25.8010%
Kenya£1.32£25.8010%
South Africa£6.62£30.3035%
Zimbabwe£4.63£37.5075%
PrunusArgentina£4.63£33.0050%
Chile£1.32£25.8010%
Morocco-£33.0050%
South Africa£1.32£25.8010%
Turkey£1.32£25.8010%
USA£3.31£25.8010%
PsidiumBrazil-£37.5075%
PyrusArgentina£1.98£25.8010%
Chile£4.63£26.7015%
China£4.63£33.0050%
South Africa£1.32£25.8010%
VacciniumArgentina-£28.5025%
Vegetables
CapsicumIsrael-£24.905%
Morocco-£25.8010%
MomordicaSurinam-£30.3035%

Solanum

Melongena

Kenya-£25.8010%
Turkey£1.32£25.8010%

The Regulations also make provision for two additional fees in respect of sampling of potatoes. Regulations 5(1) and (2) and Schedule 3 prescribe a fee for the taking of samples of potatoes originating in Egypt in order to test for the presence of Ralstonia solanacearum (Smith) Yabuuchi et al., in accordance with point 5 of the Annex to Commission Implementing Decision (EU) No 787/2011 (OJ L 319, 02.12.2011, p.112). This fee was formerly prescribed by regulation 6 of the Potatoes Originating in Egypt (Scotland) Regulations 2004 (S.S.I. 2004/111). Regulation 7(1)(a) and (2) of these Regulations revokes that provision with savings.

Regulation 5(1) and (3) and Schedule 3 also introduce a fee for the taking of samples of potatoes originating in Lebanon in order to test for the presence of Clavibacter michiganensis (Smith) Davis et al. ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al. in accordance with Article 4 of Commission Implementing Decision (EU) No 413/2013 (OJ L 205, 01.08.2013, p.13).

Regulation 6 revokes the 2005 Regulations, and subsequent amending regulations, with savings.

A business and regulatory impact assessment has been prepared, and placed in the Scottish Parliament Information Centre. A copy can be obtained from the Scottish Government Agriculture, Food and Rural Communities Directorate, Saughton House, Broomhouse Drive, Edinburgh, EH11 3XD.

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