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Title, commencement and applicationE+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

I1Reg. 1 in force at 6.4.2015, see reg. 1(b)

[F1Interpretation: EnglandE+S

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

“approved place of inspection” has the meaning given in [F2regulation 13(10) of the Official Controls (Plant Health) Regulations 2019];

“controlled consignment” means a consignment which—

(a)

is introduced into England from a third country; and

(b)

[F3consists of, or includes, isolated bark or wood of a type that is described in Part A of Annex 11, or 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;]

“the F4... Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants;

[F5“FC remedial notice” means a notice served by a plant health inspector under regulation 10 or 15(1) or (2) of the Official Controls (Plant Health) Regulations 2019;]

[F6“licence” means—

(a)

a licence referred to in regulation 51(1) of the Official Controls (Plant Health) Regulations 2019 that has been granted by the Forestry Commissioners; or

(b)

an authorisation described in regulation 20(1)(a) or (b)(i) or 21(1)(a) [F7or (b)] of the Official Controls (Plant Health) Regulations 2019 and granted by the Forestry Commissioners;]

[F8“the Official Controls (Plant Health) Regulations 2019” means the Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019;]

F9...

[F10“plant health inspector” means an official plant health officer appointed by the Forestry Commissioners for the purposes of the Official Controls (Plant Health) Regulations 2019;]

“plant passport authority” means an authorisation described in Article 89(1) of the F11... Plant Health Regulation [F12and granted by the Forestry Commissioners];

[F13“professional operator” means any person, governed by public or private law, involved professionally in, and legally responsible for, one or more of the following activities concerning plants, plant products and other objects—

(a)

planting;

(b)

breeding;

(c)

production, including growing, multiplying and maintaining;

(d)

introduction into, and movement within and out of Northern Ireland;

(e)

making available on the market;

(f)

storage, collection, dispatching and processing.]

F14...

F15...

“remedial work” means any steps taken by a person for the purposes of complying with a [F16FC remedial notice, or by a plant health inspector under regulation 16(1) of the Official Controls (Plant Health) Regulations 2019];

“WPM authorisation” means an authorisation described in Article 98(1) of the F17... Plant Health Regulation [F18and granted by the Forestry Commissioners].

(2) Words and expressions which are not defined in these Regulations and which appear in the F19... 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 F19... instrument in question.]

Textual Amendments

Interpretation [F20: Scotland] E+S

2.—(1) In these Regulations—

“approved place of inspection” has the meaning given in [F21regulation 13 of Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019];

[F22“controlled consignment” means a consignment which—

(a)

is introduced into Scotland from a third country;

(b)

[F23consists of, or includes, isolated bark, or wood of a type that is described in Part A of Annex 11, or Annex 12, to the Phytosanitary Conditions Regulation, as amended from time to time, other than wood packaging material which is actually in use in the transport of objects of all kinds,]

F24...

F24...

F25...

F24...

[F26“licence” means—

(a)

a licence referred to in regulation 50(1) of the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 that has been granted by the Scottish Ministers; or

(b)

an authorisation described in regulation 20(1)(a) or (b) or [F27(21)(1)] of the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019;]

[F28“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;”;]

[F29“the 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,]

F30...

[F31“plant health inspector” means an official plant health officer appointed by the Forestry Commissioners for the purposes of the Plant Health (Official Controls and Miscellaneous Provisions)(Scotland) Regulations 2019;]

F32...

F32...

[F33“plant passport authority” means an authorisation described in Article 89(1) of the F34... Plant Health Regulation granted by the Scottish Ministers;]

[F35“remedial notice” means a notice served by a plant health inspector under regulation 10(2) or 15(1) or (2) of the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019;]

[F36“remedial work” means any steps taken by a person for the purposes of complying with a remedial notice, or by a plant health inspector under regulation 16(1) of the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019;]

[F37“WPM authorisation” means an authorisation referred to in Article 98(1) of the F38... Plant Health Regulation and granted by the Scottish Ministers.]

(2) Words and expressions which are not defined in these Regulations and which appear in the [F39F40... Plant Health Regulation or the Official Controls Regulation] have the same meaning in these Regulations as they have in the [F39F40... Plant Health Regulation or the Official Controls Regulation].]

Textual Amendments

Commencement Information

I2Reg. 2 in force at 6.4.2015, see reg. 1(b)

FeesE+S

3.—(1) [F41In relation to England, fees] payable under this regulation are payable to the Forestry Commissioners.

[F42(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 [F43carried 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 [F44physical 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 [F44physical 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 [F44physical check] at the approved place of inspection, in addition to the fee payable under paragraph (4)(a).

[F45(5A) [F46Subject to paragraph (5C),] 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.]

[F47(5A) [F48Subject to paragraph (5AA), 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.

[F49(5AA) The fee for a phytosanitary certificate or phytosanitary certificate for re-export specified in schedule 5A is not payable in relation to a consignment to be transported to Northern Ireland—

(a)by a person acting otherwise than in the course of a business, where the consignment is not to be placed on the market, or

(b)for delivery to—

(i)a professional operator whose principal place of business is in Northern Ireland, or

(ii)any person resident in Northern Ireland, where the consignment is not to be placed on the market or used for the purposes of any business.

(5BB) Paragraph (5AA) ceases to have effect at the end of 31 December [F502023]]

(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.]

[F51(5C) The fee specified in Schedule 4A is not payable in respect of a consignment to be transported to Northern Ireland—

(a)by a person acting otherwise than in the course of a business, where the consignment is not to be placed on the market; or

(b)for delivery to—

(i)a professional operator whose principal place of business is in Northern Ireland; or

(ii)any person resident in Northern Ireland, where the consignment is not to be placed on the market or used for the purposes of any business.

(5D) Paragraph (5C) ceases to have effect at the end of 31st December [F522023].]

[F53(6) The person on whom a remedial notice is served or who is given notice under [F54regulation 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.]

[F55(6A) The person on whom a FC remedial notice is served or who is given notice under regulation 16(1) of the Official Controls (Plant Health) Regulations 2019 must pay the fee specified in Schedule 5 for the carrying out or the monitoring by a plant health inspector of remedial work and associated activities in connection with a controlled consignment.]

Textual Amendments

Commencement Information

I3Reg. 3 in force at 6.4.2015, see reg. 1(b)

RevocationsE+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

I4Reg. 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