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Statutory Instruments
Plant Health, England
Seeds, England
Made
1st March 2018
Laid before Parliament
5th March 2018
Coming into force
6th April 2018
The Secretary of State makes these Regulations, with the consent of the Treasury, in exercise of the powers conferred by section 56(1) and (2) of the Finance Act 1973 M1.
Marginal Citations
M11973 c.51; subsection (1) was amended by S.I. 2011/1043.
1.—(1) These Regulations may be cited as the Plant Health etc. (Fees) (England) Regulations 2018.
(2) They come into force on 6th April 2018.
(3) They extend to England and Wales, but apply in relation to England only.
2. In these Regulations, “the 2015 Order” means the Plant Health (England) Order 2015 M2.
Marginal Citations
M2S.I. 2015/610; relevant amending instruments are S.I. 2015/1872, 2017/1220.
3.—(1) This regulation applies in relation to a third country consignment which consists of plants, plant products or other objects of a description specified in column 1 of the table in Schedule 1 that are listed in Schedule 5 to the 2015 Order.
(2) The following fees are payable by the importer of a third country consignment—
(a)in respect of each phytosanitary certificate or phytosanitary certificate for re-export accompanying the consignment, a fee of £9.71;
(b)in respect of each part of the consignment which consists of a plant, plant product or other object of a description specified in column 1 of the table in Schedule 1 to which sub-paragraph (c) does not apply, the fee specified in the corresponding entry in column 2 of that table;
(c)in respect of each part of the consignment which consists of a plant or plant product of a description specified in column 1 of the table in Schedule 2 and which originates in a country specified in column 2 of that table, the fee specified in the corresponding entry in column 3 of that table;
(d)where an inspector suspects that the consignment is infected with a controlled plant pest and takes a sample from the consignment for laboratory testing to confirm the presence or otherwise of the pest, a fee of £157.08 for each sample tested.
(3) In this regulation—
(a)“controlled plant pest” has the meaning given in article 32(7)(a) of the 2015 Order;
(b)“third country consignment” means a consignment that is introduced into England from a third country;
(c)“third country” has the meaning given in article 2(1) of the 2015 Order.
4.—(1) This regulation applies in relation to a plant passport authorisation.
(2) The fees specified in the table in Schedule 3 are payable in respect of an inspection and any associated activities which are carried out—
(a)in connection with an application for a plant passport authorisation;
(b)for the purpose of monitoring compliance with any requirements imposed on the holder of a plant passport authorisation.
(3) The fees specified in column 2 of the table in Schedule 3 are payable for each 15 minutes (or part thereof) spent in carrying out the inspection and any associated activities at the relevant premises, subject to the minimum fees specified in the corresponding entries in column 3 of that table.
(4) An additional fee of £18.78 is payable where a person submits an application for a plant passport authorisation in paper form (and not online).
(5) Any fees payable under this regulation are payable by the person applying for a plant passport authorisation or the holder of a plant passport authorisation (as the case may be).
(6) In this regulation-
(a)“plant passport authorisation” means an authorisation to issue plant passports conferred under article 29 of the 2015 Order;
(b)“relevant premises”, in relation to an application for a plant passport authorisation or a plant passport authorisation, means the premises which are subject to the application or the authorisation.
5.—(1) The fees specified in the table in Schedule 4 are payable in respect of—
(a)an application for a licence;
(b)any other activity specified in column 1 of that table which is carried out in connection with a licence.
(2) The amount of any fee payable in respect of an application for a licence or any other activity specified in column 1 of the table in Schedule 4 is the amount specified in the corresponding entry in column 3 of that table, determined in accordance with the entries in respect of that service (if any) in column 2 of that table.
(3) The fee payable in respect of the monitoring of licence terms and conditions is payable for each 15 minutes (or part thereof) spent in carrying out the inspection and any associated activities at the premises which are subject to the licence, subject to the minimum fee specified.
(4) Any fee payable under this regulation is payable by the person who submits an application for a licence or the licence holder (as the case may be).
(5) In this regulation, “licence” means a licence described in article 40 or 41 of the 2015 Order.
6.—(1) Where an inspector takes a sample of potatoes originating in Egypt in order to ascertain whether, for the purposes of paragraph 5 of the Annex to the Decision, those potatoes are infected with Ralstonia solanacearum (Smith) Yabuuchi et al., the importer must pay a fee of £60.40 in respect of each lot sampled.
(2) In paragraph (1), “the Decision” means 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 M3.
Marginal Citations
M3OJ No L 319, 2.12.2011, p. 112.
7.—(1) Where an inspector takes a sample of potatoes originating in Lebanon in order to ascertain whether, for the purposes of Article 4 of the Decision, those potatoes are infected with Clavibacter michiganensis subspecies (Spieckerann and Kotthoff) Davis et al., the importer must pay a fee of £60.40 in respect of each lot sampled.
(2) In paragraph (1), “the Decision” means Commission Implementing Decision 2013/413/EU authorising Member States to provide for derogations from certain provisions of Council Directive 2000/29/EC in respect of potatoes, other than potatoes intended for planting, originating in the regions of Akkar and Bekaa of Lebanon M4.
Marginal Citations
M4OJ No L 205, 1.8.2013, p. 13, as amended by Commission Implementing Decision (EU) 2015/2057 (OJ No L 300, 17.11.2015, p. 43).
8.—(1) The fees specified in the table in Schedule 5 are payable in respect of the activities specified in column 1 of that table which relate to an application for the certification of seed potatoes in accordance with regulation 10 of the Seed Potatoes (England) Regulations 2015 M5.
(2) The fees specified in column 2 of the table in Schedule 5 are payable subject to the minimum fees (if any) specified in the corresponding entries in column 3 of that table.
(3) The [F1fees] specified in column 2 of the table in Schedule 5 in respect of an inspection of [F2growing crops for certification as Union grade PBTC and an inspection of harvested tubers are] payable for each 15 minutes (or part thereof) spent in carrying out the inspection and any associated activities at the relevant premises.
(4) An additional fee of £14.76 is payable where a person submits an application for the certification of seed potatoes in paper form (and not online).
(5) Any fees payable under this regulation are payable by the applicant.
(6) In paragraph (3), “relevant premises” means the premises at which [F3the growing crops for certification as Union grade PBTC or] the harvested tubers to be inspected are located.
Textual Amendments
F1Word in reg. 8(3) substituted (21.5.2018) by The Plant Health etc. (Fees) (England) (Amendment) Regulations 2018 (S.I. 2018/510), regs. 1, 2(2)(a)(i)
F2Words in reg. 8(3) substituted (21.5.2018) by The Plant Health etc. (Fees) (England) (Amendment) Regulations 2018 (S.I. 2018/510), regs. 1, 2(2)(a)(ii)
F3Words in reg. 8(6) inserted (21.5.2018) by The Plant Health etc. (Fees) (England) (Amendment) Regulations 2018 (S.I. 2018/510), regs. 1, 2(2)(b)
Marginal Citations
9.—(1) The fee specified in paragraph (2) is payable in connection with an application for the certification of fruit plants and fruit plant propagating material in accordance with regulation 9 of the Marketing of Fruit Plant and Propagating Material (England) Regulations 2017 M6.
(2) A fee of £72.00 per hour (or part thereof) is payable in respect of the time spent in carrying out an official examination and any associated activities at the relevant premises for the purposes of certifying the material.
(3) Any fees payable under this regulation are payable by the applicant.
(4) In paragraph (2), “relevant premises” means the premises at which the material to be certified is located.
Marginal Citations
10. Fees payable under these Regulations are payable to the Secretary of State on demand.
11.—(1) Where any sum due by way of, or on account of, any fee or any part of a fee payable by a registered plant trader under Part 2 of these Regulations remains unpaid, the Secretary of State may—
(a)recover the sum as a civil debt, or
(b)after giving one month's written notice, suspend the trader's registration until such sum has been paid.
(2) In paragraph (1), “plant trader”, “registered” and “registration” have the meanings given in article 2(1) of the 2015 Order.
12. The instruments listed in Schedule 6 are revoked.
Gardiner of Kimble
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
We consent
Andrew Stephenson
Rebecca Harris
Two of the Lords Commissioners of Her Majesty's Treasury
Regulation 3(1)
Column 1 Plant, plant product or other object | Column 2 Fee (£) |
---|---|
Cuttings, seedlings (except forestry reproductive material), young plants of strawberries or of vegetables | 139.84 |
Shrubs, trees (other than cut Christmas trees), other woody nursery plants including forest reproductive material (other than seed) | 152.41 |
Bulbs, corms, rhizomes, tubers, intended for planting (other than tubers of potatoes) | 233.18 |
Seeds, tissue cultures | 117.81 |
Other plants intended for planting, not specified elsewhere in this table | 152.41 |
Cut flowers | 33.42 |
Branches with foliage, parts of conifers (other than cut Christmas trees) | 64.67 |
Cut Christmas trees | 122.89 |
Leaves of plants, such as herbs, spices and leafy vegetables | 75.30 |
Fruits, vegetables (other than leafy vegetables) | 57.45 |
Tubers of potatoes | 156.63 |
Soil and growing medium, bark | 122.85 |
Grain | 133.23 |
Other plants or plant products not specified elsewhere in this table, except forest trees | 11.16 |
Regulation 3(2)(c)
Column 1 Genus | Column 2 Country of origin | Column 2 Fee (£) |
---|---|---|
Cut flowers | ||
Aster | Zimbabwe | 25.07 |
Dianthus | Colombia | 1.00 |
Ecuador | 5.01 | |
Kenya | 1.67 | |
Turkey | 5.01 | |
Rosa | Colombia | 1.00 |
Ecuador | 1.00 | |
Ethiopia | 1.67 | |
Kenya | 1.67 | |
Tanzania | 5.01 | |
Zambia | 3.34 | |
Branches with foliage | ||
Phoenix | Costa Rica | 22.63 |
Fruit | ||
Citrus | Morocco | 2.87 |
Peru | 5.74 | |
Turkey | 1.72 | |
USA | 8.62 | |
Citrus limon and citrus aurantifolia | Israel | 14.36 |
Malus | Argentina | 20.11 |
Brazil | 43.09 | |
Chile | 2.87 | |
New Zealand | 5.74 | |
South Africa | 2.87 | |
Passiflora | Colombia | 4.02 |
Kenya | 14.36 | |
South Africa | 20.11 | |
Vietnam | 20.11 | |
Zimbabwe | 28.73 | |
Prunus | Argentina | 43.09 |
Chile | 5.74 | |
Morocco | 14.36 | |
Turkey | 20.11 | |
USA | 14.36 | |
Prunus, other than prunus persica | South Africa | 2.87 |
Pyrus | Argentina | 8.62 |
Chile | 8.62 | |
China | 28.73 | |
South Africa | 5.74 | |
Vaccinium | Argentina | 14.36 |
Vegetables | ||
Capsicum | Morocco | 2.87 |
Lycopersicon | Canary Islands | 2.87 |
Morocco | 2.87 | |
Momordica | Surinam | 20.11 |
Solanum melongena | Kenya | 5.74 |
Turkey | 14.36 |
Regulation 4(2)
In this Schedule—
“period 1” means the period ending on 30th September 2018;
“period 2” means the period beginning on 1st October 2018 and ending on 31st March 2019.
Column 1 Date of inspection and any associated activities | Column 2 Fee(£) | Column 3 Minimum fee (£) |
---|---|---|
Where the date of the inspection and associated activities falls in period 1 | 59.98 for each 15 minutes (or part thereof) | 119.96 |
Where the date of the inspection and associated activities falls in period 2 | 66.91 for each 15 minutes (or part thereof) | 133.82 |
Where the date of the inspection and associated activities falls on or after 1st April 2019 | 73.85 for each 15 minutes (or part thereof) | 147.70 |
Regulation 5(1)
In this Schedule—
“period 1” means the period ending on 30th September 2018;
“period 2” means the period beginning on 1st October 2018 and ending on 31st March 2019.
Column 1 Type of application or inspection | Column 2 Date of application | Column 3 Fee (3) |
---|---|---|
Application for a licence for scientific or trial purposes, other than— — a licence in respect of the analysis of soil or other growing medium —a licence for scientific or trial purposes covering 5 or more items | In the case of an application made in period 1 | 902.00 |
In the case of an application made in period 2 | 948.51 | |
In the case of an application made on or after 1st April 2019 | 995.36 | |
Application for a licence for scientific or trial purposes covering 5 or more items | In the case of an application made in period 1 | 902.00, plus 52.45 per item in excess of 5 |
In the case of an application made in period 2 | 948.51, plus 52.45 per item in excess of 5 | |
In the case of an application made on or after 1st April 2019 | 995.36, plus 52.45 per item in excess of 5 | |
Application for a licence in respect of the analysis of soil or other growing medium, other than a licence in respect of the analysis of soil or other growing medium covering 5 or more items | In the case of an application made in period 1 | 664.50 |
In the case of an application made in period 2 | 705.20 | |
In the case of an application made on or after 1st April 2019 | 745.41 | |
Application for a licence in respect of the analysis of soil or other growing medium covering 5 or more items | In the case of an application made in period 1 | 664.50, plus 52.45 per item in excess of 5 |
In the case of an application made in period 2 | 705.20, plus 52.45 per item in excess of 5 | |
In the case of an application made on or after 1st April 2019 | 745.41, plus 52.45 per item in excess of 5 | |
Application for a variation of a licence with changes requiring scientific or technical assessment | In the case of an application made in period 1 | 322.71 |
In the case of an application made in period 2 | 351.81 | |
In the case of an application made on or after 1st April 2019 | 380.25 | |
Application for any other licence | - | 42.50 |
Issue of an annual letter of authority | - | 42.50 |
Monitoring compliance with licence terms and conditions | - | 17.50 for each 15 minutes (or part thereof), subject to a minimum fee of £35 |
Regulation 8(1)
Column 1Activity | Column 2Fee(£) | Column 3Minimum fee (£) |
---|---|---|
Soil sampling and testing for Potato Cyst Nematode | ||
Soil sampling and testing for the purposes of paragraph 4, 7 or 10 of Schedule 1 to the Seed Potatoes (England) Regulations 2015 | 21.53 for each hectare (or part thereof) sampled and tested | - |
Inspection of growing crops | ||
[F4Certification as pre-basic seed potatoes: Union grade PBTC | 33.62 for each 15 minutes (or part thereof) | 67.24 |
Certification as pre-basic seed potatoes: Union grade PB | 33.62 per each ¼ hectare (or part thereof) inspected | 67.24 |
Certification as basic seed potatoes: Union grade S | 58.47 per each ½ hectare (or part thereof) inspected | 116.94 |
Certification as basic seed potatoes: Union grade SE | 58.47 per each ½ hectare (or part thereof) inspected | 116.94 |
Certification as basic seed potatoes: Union grade E | 57.17 per each ½ hectare (or part thereof) inspected | 114.34 |
Certification as certified seed potatoes: Union grade A or B | 51.97 per each ½ hectare (or part thereof) inspected | 103.94] |
Inspection of harvested tubers | ||
Inspection | 31.84 for each 15 minutes (or part thereof) | 63.69 |
Provision of labels and seals in respect of applications | ||
Printed labels and seals | 0.48 per label/seal | - |
Blank labels and seals | 0.12 per label/seal | - |
Textual Amendments
F4Words in Sch. 5 substituted (21.5.2018) by The Plant Health etc. (Fees) (England) (Amendment) Regulations 2018 (S.I. 2018/510), regs. 1, 2(3)
Regulation 12
— The Plant Health (Fees) (England) Regulations 2014 M7.
— The Plant Health (Fees) (England) (Amendment) Regulations 2014 M8.
— The Plant Health (Fees) (England) (Amendment) Regulations 2015 M9.
— The Plant Health (Fees) (England) (Amendment) Regulations 2016 M10.
— The Plant Health (Fees) (England) (Amendment) Regulations 2017 M11.
— The Plant Health (Fees) (England) (Amendment) Regulations 2018 M12.
Marginal Citations
M7S.I. 2014/601, amended by S.I. 2014/3243, 2015/1996, 2016/1255. 2017/125, 2018/15.
(This note is not part of the Regulations)
These Regulations, which apply to England only, specify fees payable to the Secretary of State in relation to plant health services and the certification of seed potatoes and fruit plants and fruit plant propagating material. They revoke and replace the Plant Health Fees (England) Regulations 2014 (S.I. 2014/601).
The fees specified in regulations 3, 6 and 7 are payable in relation to imports of plants, plant products and other objects from third countries pursuant to the requirements of Article 13 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 (OJ No L 169, 10.7.2000, p. 1).
The fees specified in regulations 4 and 5 are payable in relation to other inspections and activities carried out pursuant to Council Directive 2000/29/EC.
The fees specified in regulation 8 are payable in relation to certain inspections and other activities carried out pursuant to Council Directive 2002/56/EC on the marketing of seed potatoes (OJ No L 193, 20.7.2002, p. 60).
The fees specified in regulation 9 are payable in relation to certain inspections and other activities carried out pursuant to Council Directive 2008/90/EC on the marketing of fruit plant propagating material and fruit plants intended for fruit production (OJ No L 267, 8.10.2008, p. 8).
An impact assessment has not been produced for this instrument as no, no significant, impact on the private, voluntary or public sector is foreseen.