The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015

Title, commencement and application E+S

1.  These Regulations—

(a) may be cited as the Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015;

(b) come into force on 6th April 2015; and

(c) apply in relation to England and Scotland only.

Commencement Information

I1 Reg. 1 in force at 6.4.2015, see reg. 1(b)

[F1 Interpretation: England E+S

1A.— (1) In these Regulations, insofar as they apply in relation to England—

“approved place of inspection” has the meaning given in article 3 of the Order;

“controlled consignment” means a consignment which—

(a)

is introduced into England from a third country; and

(b)

consists of, or includes—

(i)

isolated bark of a type that is described in the lists of the Phytosanitary Conditions Regulation that apply for the purposes of Articles 72(1) and 74(1) of the EU Plant Health Regulation, or in a decision adopted before 14th December 2019 by the European Commission pursuant to Article 16(3) of 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; or

(ii)

wood of a type that is described in the lists or a decision mentioned in paragraph (i), other than wood packaging material which is actually in use in the transport of objects of all kinds;

“the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants;

“licence” means an authorisation for the purposes of any derogation described in Article 8(1) or 48(1) of the EU Plant Health Regulation;

“the Phytosanitary Conditions Regulation” means the implementing act adopted by the European Commission pursuant to Articles 5(2), 32(3), 37(2) and (4), 40(2), 41(2), 53(2), 54(2), 72(1), 73, 74(2), 79(2) and 80(2) of the EU Plant Health Regulation;

“plant passport authority” means an authorisation described in Article 89(1) of the EU Plant Health Regulation;

“the Order” means the Plant Health (Forestry) Order 2005;

“remedial notice” means a notice served under article 31(1) or (4) of the Order;

“remedial work” means any steps taken by a person for the purposes of complying with a remedial notice, or by an inspector under article 32(1) of the Order;

“WPM authorisation” means an authorisation described in Article 98(1) of the EU Plant Health Regulation.

(2) Words and expressions which are not defined in these Regulations and which appear in the EU Plant Health Regulation or in 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 have the same meaning in these Regulations as they have in the EU instrument in question.]

Textual Amendments

F1 Reg. 1A inserted (14.12.2019) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488), regs. 1(1), 36(2)

Interpretation [F2 : Scotland] E+S

2.—(1) In these Regulations—

“approved place of inspection” has the meaning given in [F3 regulation 13 of Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019];

[F4 “controlled consignment” means a consignment which—

(a)

is introduced into Scotland from a third country;

(b)

consists of, or includes isolated bark or isolated wood of a type listed in 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, other than wood packaging material which is actually in use in the transport of objects of all kinds;]

F5 ...

F5 ...

[F6 “the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament and 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;]

F5 ...

[F7 “licence” means—

(a)

a licence which was granted by the Forestry Commissioners or by the Scottish Ministers under article 38 or 39 of the Plant Health (Forestry) Order 2005; or

(b)

an authorisation described in regulation 20(1)(a) or (b) or 21 of the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019;]

[F6 “the 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;”;]

F8 ...

F8 ...

“plant passport authority” means an [F9 authorisation] to issue plant passports F10 ...;

“remedial notice” means a notice [F11 served under regulations 8 or 15 of the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019]; and

“remedial work” means any steps taken by a person for the purposes of complying with a remedial notice, or by an inspector under [F12 regulation 16 of the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019].

[F6 “WPM authorisation” means an authorisation referred to in Article 98(1) of the EU Plant Health Regulation;]

(2) Words and expressions which are not defined in these Regulations and which appear in the [F13 EU Plant Health Regulation or the Official Controls Regulation] have the same meaning in these Regulations as they have in the [F13 EU Plant Health Regulation or the Official Controls Regulation].

Textual Amendments

F2 Words in reg. 2 heading inserted (14.12.2019) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488), regs. 1(1), 36(3)

F3 Words in reg. 2(1) substituted (14.12.2019) by The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), sch. 5 para. 9(2)(a)(ii)

F4 Words in reg. 2(1) substituted (14.12.2019) by The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), sch. 5 para. 9(2)(a)(iii)

F5 Words in reg. 2(1) omitted (14.12.2019) by virtue of The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), sch. 5 para. 9(2)(a)(iv)

F6 Words in reg. 2(1) inserted (14.12.2019) by The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), sch. 5 para. 9(2)(a)(i)

F7 Words in reg. 2(1) substituted (14.12.2019) by The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), sch. 5 para. 9(2)(a)(v)

F8 Words in reg. 2(1) omitted (14.12.2019) by virtue of The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), sch. 5 para. 9(2)(a)(vi)

F9 Word in reg. 2(1) substituted (14.12.2019) by The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), sch. 5 para. 9(2)(a)(vii)(aa)

F10 Words in reg. 2(1) omitted (14.12.2019) by virtue of The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), sch. 5 para. 9(2)(a)(vii)(bb)

F11 Words in reg. 2(1) substituted (14.12.2019) by The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), sch. 5 para. 9(2)(a)(viii)

F12 Words in reg. 2(1) substituted (14.12.2019) by virtue of The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), sch. 5 para. 9(2)(a)(ix)

F13 Words in reg. 2(2) substituted (14.12.2019) by The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), sch. 5 para. 9(2)(b)

Commencement Information

I2 Reg. 2 in force at 6.4.2015, see reg. 1(b)

Fees E+S

3.—(1)  [F14 In relation to England, fees] payable under this regulation are payable to the Forestry Commissioners.

[F15 (1A) In relation to Scotland, fees payable under this regulation are payable to the Scottish Ministers.]

(2) The fee payable for an inspection and associated activities [F16 carried out by, or on behalf of Scottish Ministers] in connection with the granting, variation, or suspension of a plant passport authority or for monitoring compliance with that authority is specified in Schedule 1.

(3) The fee payable in connection with an application for a licence (including an application for an extension or variation of a licence), for an inspection and associated activities in connection with an application for a licence or for monitoring compliance with the terms and conditions of a licence is specified in Schedule 2.

(4) The importer of a controlled consignment must pay—

(a) in the case of a plant health check in respect of the consignment, the fee specified for the relevant type of consignment in item 1 or 2 of the table in Schedule 3;

(b) in the case of a documentary check in respect of the consignment, the fee specified in item 1 of the table in Schedule 4;

(c) in the case of an identity check in respect of the consignment, the fee specified in item 2 of the table in Schedule 4.

(5) Where, at the request of an importer of a controlled consignment, a plant health check is carried out on the consignment at an approved place of inspection, the importer must pay the fee of £30 for each visit made by an inspector in the course of conducting the plant health check at the approved place of inspection, in addition to the fee payable under paragraph (4)(a).

[F17 (5A) The fee payable in connection with an application to the Forestry Commissioners for a phytosanitary certificate for export or phytosanitary certificate for re-export is the fee specified in Schedule 4A.

(5B) The fee payable in connection with an application to the Forestry Commissioners for a WPM authorisation is the fee specified in Schedule 4B.]

[F18 (5A) The fee payable in connection with an application to the Scottish Ministers for a phytosanitary certificate or phytosanitary certificate for re-export is the fee specified in schedule 5A.

(5B) The fee payable in connection with an application to the Scottish Ministers for an authorisation referred to in Article 98(1) of the EU Plant Health Regulation is the fee specified in schedule 5B.]

(6) The person on whom a remedial notice is served or who is given notice under [F19 regulation 16 of the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019] must pay the fee specified in Schedule 5 for the carrying out or the monitoring by an inspector of remedial work and associated activities in connection with a controlled consignment.

Textual Amendments

F14 Words in reg. 3(1) substituted (1.4.2019) by The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 70(3)(a); S.S.I. 2019/47, reg. 2

F15 Reg. 3(1A) inserted (1.4.2019) by The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 70(3)(b); S.S.I. 2019/47, reg. 2

F16 Words in reg. 3(2) inserted (14.12.2019) by The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), sch. 5 para. 9(3)(a)

F17 Reg. 3(5A)(5B) inserted (E.) (14.12.2019) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488), regs. 1(1), 36(4)(a)

F18 Reg. 3(5A)(5B) inserted (S.) (14.12.2019) by The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), sch. 5 para. 9(3)(b)

F19 Words in reg. 3(6) substituted (14.12.2019) by The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), sch. 5 para. 9(3)(c)

Commencement Information

I3 Reg. 3 in force at 6.4.2015, see reg. 1(b)

Revocations E+S

4.  The following Regulations are revoked—

(a) the Plant Health (Fees) (Forestry) Regulations 2006(1);

(b) the Plant Health (Fees) (Forestry) (Amendment) Regulations 2008(2);

(c) the Plant Health (Fees) (Forestry) (Amendment) Regulations 2009(3);

(d) the Plant Health (Fees) (Forestry) (Amendment) Regulations 2010(4); and

(e) the Plant Health (Fees) (Forestry) (Amendment) (England and Scotland) Regulations 2014(5).

Commencement Information

I4 Reg. 4 in force at 6.4.2015, see reg. 1(b)

Sealed with the official seal of the Forestry Commissioners

Wilma Harper

Secretary to the Forestry Commissioners