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 hours | Outside normal working hours | Normal working hours | Outside 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 units2 | Up to a maximum of £158.88 may be charged for additional units | Up to a maximum of £168 may be charged for additional units | Up 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. | ||||
| Genus | Country of Origin | Reduced Rate Fee in 2005 Regulations1 (for plant health check only)2 | New reduced Rate Fee3 (for applicable checks) | Rate of Inspection in Period 01.10.2014 – 2015) |
|---|---|---|---|---|
| Cut Flowers | ||||
| Dianthus | Columbia | £0.66 | £24.60 | 3% |
| Ecuador | £1.98 | £26.70 | 15% | |
| Kenya | £0.66 | £24.90 | 5% | |
| Turkey | £3.31 | £28.50 | 25% | |
| Phoenix | Costa Rica | - | £30.30 | 35% |
| Rosa | Columbia | £0.39 | £24.60 | 3% |
| Ecuador | £0.39 | £24.60 | 3% | |
| Ethiopia | £0.66 | £25.80 | 10% | |
| Kenya | £0.66 | £24.90 | 5% | |
| Tanzania | £1.32 | £26.70 | 15% | |
| Zambia | £3.31 | £26.70 | 15% | |
| Fruits | ||||
| Citrus | Egypt | £1.98 | £26.70 | 15% |
| Israel | £1.98 | £25.80 | 10% | |
| Mexico | £3.31 | £25.80 | 10% | |
| Morocco | £0.66 | £24.90 | 5% | |
| Peru | £4.63 | £25.80 | 10% | |
| Tunisia | - | £37.50 | 75% | |
| Turkey | £0.39 | £24.60 | 3% | |
| Uruguay | £1.98 | £37.50 | 75% | |
| USA | £1.98 | £26.70 | 15% | |
| Malus | Argentina | £1.32 | £28.50 | 25% |
| Brazil | £1.98 | £28.50 | 25% | |
| Chile | £0.92 | £24.90 | 5% | |
| New Zealand | £1.32 | £25.80 | 10% | |
| South Africa | £1.32 | £24.90 | 5% | |
| USA | £3.31 | £33.00 | 50% | |
| Passiflora | Colombia | £1.32 | £25.80 | 10% |
| Kenya | £1.32 | £25.80 | 10% | |
| South Africa | £6.62 | £30.30 | 35% | |
| Zimbabwe | £4.63 | £37.50 | 75% | |
| Prunus | Argentina | £4.63 | £33.00 | 50% |
| Chile | £1.32 | £25.80 | 10% | |
| Morocco | - | £33.00 | 50% | |
| South Africa | £1.32 | £25.80 | 10% | |
| Turkey | £1.32 | £25.80 | 10% | |
| USA | £3.31 | £25.80 | 10% | |
| Psidium | Brazil | - | £37.50 | 75% |
| Pyrus | Argentina | £1.98 | £25.80 | 10% |
| Chile | £4.63 | £26.70 | 15% | |
| China | £4.63 | £33.00 | 50% | |
| South Africa | £1.32 | £25.80 | 10% | |
| Vaccinium | Argentina | - | £28.50 | 25% |
| Vegetables | ||||
| Capsicum | Israel | - | £24.90 | 5% |
| Morocco | - | £25.80 | 10% | |
| Momordica | Surinam | - | £30.30 | 35% |
Solanum Melongena | Kenya | - | £25.80 | 10% |
| Turkey | £1.32 | £25.80 | 10% | |
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.