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

Import inspection fees E+W

3.—(1) This regulation applies in relation to a third country consignment [F1 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 listed in Schedule 5 to the 2015 Order [F2 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 [F3 £10.51];

[F4 (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 [F5 £147.35] 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;

[F6 (aa) “Europe” has the meaning given in article 2(1) of the 2015 Order;

(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;

(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;

(c) “third country” has the meaning given in article 2(1) of the 2015 Order.

Textual Amendments

F1 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)

F2 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)

F3 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)

F4 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)

F5 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)

F6 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)