The Plant Health etc. (Fees) (England) Regulations 2018

PART 1 E+W General

Citation, commencement, extent and application E+W

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.

Interpretation E+W

[F1 2.— (1) In these Regulations, “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.

(2) Words and expressions which are not defined in these Regulations and 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. 2 substituted (14.12.2019) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488), regs. 1(1), 38(2)

PART 2 E+W Fees relating to plant health

Import inspection fees E+W

3.—(1) This regulation applies in relation to a third country consignment [F2 insofar as it includes] plants, plant products or other objects of a description specified in column 1 of the table in Schedule 1 that are [F3 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] [F4 or any machinery or vehicles which have been operated for agricultural or forestry purposes].

(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 [F5 £10.51];

[F6 (b) in the case of—

(i) a Schedule 2 cut flower consignment which includes—

(aa) one lot of cut flowers, the fee specified in respect of those cut flowers in column 3 of the table in Schedule 2;

(bb) two or more lots of cut flowers, a fee equal to the amount of the highest of the fees specified in respect of those lots in column 3 of that table;

(ii) a Schedule 2 fruit or vegetable consignment which includes—

(aa) one lot of fruit or vegetables, the fee specified in respect of those fruit or vegetables in column 3 of the table in Schedule 2;

(bb) two or more lots of fruit or vegetables, a fee equal to the amount of the highest of the fees specified in respect of those lots in column 3 of that table;

(c) in the case of a consignment which—

(i) includes cut branches of Phoenix spp. originating in Costa Rica and no other cut branches to which this regulation applies, the fee specified in respect of those cut branches in column 3 of the table in Schedule 2;

(ii) in the case of any other consignment to which this regulation applies—

(aa) where the consignment includes any machinery or vehicles that have been operated for agricultural or forestry purposes, a fee of £5.98;

(bb) where the consignment includes plants, plant products or other objects of a description specified in column 1 of the table in Schedule 1, the fee or fees specified in respect of those plants, plant products or other objects in column 2 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 [F7 £147.35] for each sample tested.

(3) In this regulation—

[F8 (a) “controlled plant pest” means—

(i) a plant pest of a description specified in the lists of the Phytosanitary Conditions Regulation that apply for the purposes of Articles 5(2), 32(3) and 37(2) of the EU Plant Health Regulation;

(ii) any other plant pest of a description specified 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;]

[F9 [F8 (aa) “Europe” includes Belarus, the Canary Islands, Georgia, Kazakhstan (except the area east of the Ural river), Russia (except the regions of Tyumen, Chelyabinsk, Irkutsk, Kemerovo, Kurgan, Novossibirsk, Omsk, Sverdlovsk, Tomsk, Chita, Kamchatka, Magadan, Amur and Skhalin, the territories of Krasnoyarsk, Altay, Khabarovsk and Primarie, and the republics of Sakha, Tuva and Buryatia), Ukraine and Turkey (except the area east of the Bosphorus Strait known as Anatolia);]

(ab) “lot” means one or more units of a single commodity, identifiable by its homogeneity of composition and origin, which form part of a consignment;

[F10 (aba) “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;]

(ac) “Schedule 2 cut flower consignment” means a consignment which includes cut flowers of a description specified in column 1 of the table in Schedule 2 originating in a country specified in column 2 of that table and does not include any other cut flowers to which this regulation applies;

(ad) “Schedule 2 fruit or vegetable consignment” means a consignment which includes fruit or vegetables of a description specified in column 1 of the table in Schedule 2 originating in a country specified in column 2 of that table and does not include any other fruit or vegetables to which this regulation applies;]

(b) “third country consignment” means a consignment that is introduced into England from a third country;

F11 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Words in reg. 3(1) substituted (1.10.2019) by The Plant Health etc. (Miscellaneous Fees) (England) (Amendment) Regulations 2019 (S.I. 2019/1257), regs. 2, 3(2)(a)(i)

F3 Words in reg. 3(1) substituted (14.12.2019) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488), regs. 1(1), 38(3)(a)

F4 Words in reg. 3(1) inserted (1.10.2019) by The Plant Health etc. (Miscellaneous Fees) (England) (Amendment) Regulations 2019 (S.I. 2019/1257), regs. 2, 3(2)(a)(ii)

F5 Sum in reg. 3(2)(a) substituted (1.10.2019) by The Plant Health etc. (Miscellaneous Fees) (England) (Amendment) Regulations 2019 (S.I. 2019/1257), regs. 2, 3(2)(b)(i)

F6 Reg. 3(2)(b)(c) substituted (1.10.2019) by The Plant Health etc. (Miscellaneous Fees) (England) (Amendment) Regulations 2019 (S.I. 2019/1257), regs. 2, 3(2)(b)(ii)

F7 Sum in reg. 3(2)(d) substituted (1.10.2019) by The Plant Health etc. (Miscellaneous Fees) (England) (Amendment) Regulations 2019 (S.I. 2019/1257), regs. 2, 3(2)(b)(iii)

F8 Reg. 3(3)(a)(aa) substituted (14.12.2019) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488), regs. 1(1), 38(3)(b)(i)

F9 Reg. 3(3)(aa)-(ad) inserted (1.10.2019) by The Plant Health etc. (Miscellaneous Fees) (England) (Amendment) Regulations 2019 (S.I. 2019/1257), regs. 2, 3(2)(c)

F10 Reg. 3(3)(aba) 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), 38(3)(b)(ii)

F11 Reg. 3(3)(c) omitted (14.12.2019) by virtue of The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488), regs. 1(1), 38(3)(b)(iii)

Plant passport authorisation fees E+W

4.—(1) This regulation applies in relation to a plant passport authorisation.

(2) The [F12 fee specified in paragraph (3) is] payable in respect of an inspection and any associated activities which are carried out [F13 by, or on behalf of, the Secretary of State]—

(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.

[F14 (3) A fee of £61.58 is payable for each 15 minutes (or part thereof) spent in carrying out the inspection and any associated activities at the relevant premises, subject to a minimum fee of £123.16.]

(4) An additional fee of [F15 £20.66] 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 F16 ...;

(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.

Textual Amendments

F12 Words in reg. 4(2) substituted (1.10.2019) by The Plant Health etc. (Miscellaneous Fees) (England) (Amendment) Regulations 2019 (S.I. 2019/1257), regs. 2, 3(3)(a)

F13 Words in reg. 4(2) 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), 38(4)(a)

F14 Reg. 4(3) substituted (1.10.2019) by The Plant Health etc. (Miscellaneous Fees) (England) (Amendment) Regulations 2019 (S.I. 2019/1257), regs. 2, 3(3)(b)

F15 Sum in reg. 4(4) substituted (1.10.2019) by The Plant Health etc. (Miscellaneous Fees) (England) (Amendment) Regulations 2019 (S.I. 2019/1257), regs. 2, 3(3)(c)

F16 Words in reg. 4(6)(a) omitted (14.12.2019) by virtue of The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488), regs. 1(1), 38(4)(b)

Plant health licence fees E+W

5.—(1) The fees specified in the table in Schedule 4 are payable in respect of—

(a) an application for a licence [F17 made to the Secretary of State];

(b) any other activity specified in column 1 of that table which is carried out in connection with a licence [F18 granted by the Secretary of State].

(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 [F19 an authorisation for the purposes of any derogation described in Article 8(1) or 48(1) of the EU Plant Health Regulation].

Textual Amendments

F17 Words in reg. 5(1)(a) 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), 38(5)(a)(i)

F18 Words in reg. 5(1)(b) 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), 38(5)(a)(ii)

F19 Words in reg. 5(5) substituted (14.12.2019) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488), regs. 1(1), 38(5)(b)

[F20 Export certification services and pre-export services: fees E+W

5A.— (1) The fees specified in the table in Schedule 4A (“the table”) are payable in respect of the services described in column 1 of the table by a person who applies to the Secretary of State for a certificate or a pre-export service.

(2) The amount of the fee in respect of any service described in column 1 of the table is—

(a) in the case of a small exporter who, at the date of the application, has only been liable during the financial year in which the application is made to pay fees of £750 or less in respect of the services described in column 1 of the table, the amount specified in the corresponding entry in column 2 of the table;

(b) in any other case, the amount specified in the corresponding entry in column 3 of the table.

(3) The fees specified in columns 2 and 3 of the table in respect of an inspection of a consignment or an audit of a grain inspection are payable for each 15 minutes (or part thereof) spent in carrying out the inspection or audit and any associated activities, subject to the minimum fees specified in those entries.

(4) Where a person submits an application for a certificate or a pre-export service or a request to amend a certificate in paper form (and not online), the following additional fee is payable in respect of the application or request—

(a) in the case of a small exporter who, at the date of the application or request, has only been liable during the financial year in which the application or request is made to pay fees of £750 or less in respect of the services described in column 1 of the table, £7.88;

(b) in any other case, £15.76.

(5) In this regulation—

“certificate” means either a phytosanitary certificate for export or a phytosanitary certificate for re-export;

“pre-export service” means any plant health inspection or examination, including by the taking of samples, which is required to be carried out in relation to a plant, plant product or other object which is to be exported to a third country in order to satisfy the phytosanitary requirements of the third country, other than any such inspection or examination required for the issue of a certificate;

“small exporter” means a person who—

(a)

in the financial year in which the application or request is made—

(i)

is not a taxable person for the purposes of the Value Added Tax Act 1994; or

(ii)

does not make a taxable supply of plants, plant products, seeds, soil or agricultural machinery for the purposes of the Value Added Tax Act 1994; or

(b)

in the financial year preceding the year in which the application or request is made, exported goods which were accompanied by a certificate the total value of which was less than £5,000.]

Textual Amendments

F20 Reg. 5A 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), 38(6)

Potatoes originating in Egypt: fee E+W

6.—(1) Where an [F21 official plant health officer] 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 [F22 £70.83] 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 M1 .

Textual Amendments

F21 Words in reg. 6(1) substituted (14.12.2019) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488), regs. 1(1), 38(7)

F22 Sum in reg. 6(1) substituted (1.10.2019) by The Plant Health etc. (Miscellaneous Fees) (England) (Amendment) Regulations 2019 (S.I. 2019/1257), regs. 2, 3(4)

Marginal Citations

M1 OJ No L 319, 2.12.2011, p. 112.

Potatoes originating in Lebanon: fee E+W

F23 7.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F23 Reg. 7 omitted (14.12.2019) by virtue of The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488), regs. 1(1), 38(8)

PART 3 E+W Fees relating to the certification of seed potatoes and fruit plants and fruit plant propagating material

Seed potatoes: fees E+W

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 M2 .

(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 [F24 fees] specified in column 2 of the table in Schedule 5 in respect of an inspection of [F25 growing 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 [F26 £15.76] is payable where a person submits an application for the certification of seed potatoes in paper form (and not online).

[F27 (4A) Where a person submits an application for the provision of printed labels, the following additional fee is payable—

(a) in the case of an application submitted online, £11.45;

(b) in the case of an application submitted in paper form, £15.61.]

(5) Any fees payable under this regulation are payable by the applicant.

(6) In paragraph (3), “relevant premises” means the premises at which [F28 the growing crops for certification as Union grade PBTC or] the harvested tubers to be inspected are located.

Textual Amendments

F24 Word 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)

F25 Words 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)

F26 Sum in reg. 8(4) substituted (1.10.2019) by The Plant Health etc. (Miscellaneous Fees) (England) (Amendment) Regulations 2019 (S.I. 2019/1257), regs. 2, 3(5)(a)

F27 Reg. 8(4A) inserted (1.10.2019) by The Plant Health etc. (Miscellaneous Fees) (England) (Amendment) Regulations 2019 (S.I. 2019/1257), regs. 2, 3(5)(b)

F28 Words 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

M2 S.I. 2015/1953.

Fruit plants and fruit plant propagating material: fees E+W

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 M3 .

[F29 (2) A fee of £26.00 per each 15 minutes (or part thereof) is payable in respect of time spent in carrying out an official examination and any associated activities at the relevant premises for the purposes of certifying the material, subject to a minimum fee of £52.00.]

(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.

Textual Amendments

F29 Reg. 9(2) substituted (1.10.2019) by The Plant Health etc. (Miscellaneous Fees) (England) (Amendment) Regulations 2019 (S.I. 2019/1257), regs. 2, 3(6)

Marginal Citations

M3 S.I. 2017/595.

PART 4 E+W Payment of fees

Payment of fees E+W

10.  Fees payable under these Regulations are payable to the Secretary of State on demand.

Suspension of registration E+W

11.—(1) Where any sum due by way of, or on account of, any fee or any part of a fee payable by a [F30 registered professional operator] 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 [F31 operator’s] registration until such sum has been paid.

F32 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F30 Words in reg. 11(1) substituted (14.12.2019) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488), regs. 1(1), 38(9)(a)(i)

F31 Word in reg. 11(1)(b) substituted (14.12.2019) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488), regs. 1(1), 38(9)(a)(ii)

F32 Reg. 11(2) omitted (14.12.2019) by virtue of The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488), regs. 1(1), 38(9)(b)

PART 5 E+W Revocations

Revocations E+W

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