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

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Welsh Statutory Instruments

2018 No. 1179 (W. 238)

Plant Health, Wales

Seeds, Wales

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

Made

13 November 2018

Laid before the National Assembly for Wales

15 November 2018

Coming into force

10 December 2018

The Welsh Ministers make 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 and now vested in them M2.

Marginal Citations

M11973 c. 51: subsection (1) was amended by S.I. 2011/1043.

M2By virtue of section 59(5) of the Government of Wales Act 2006 (c.32).

PART 1WGeneral

Title, commencement and applicationW

1.—(1) The title of these Regulations is the Plant Health etc. (Fees) (Wales) Regulations 2018.

(2) They come into force on 10 December 2018.

(3) They apply in relation to Wales.

InterpretationW

[F12.—(1) In these Regulations, “the F2... 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 F3... 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 F3... instrument in question.]

Textual Amendments

PART 2WFees relating to plant health

Import inspection feesW

3.—(1) This regulation applies in relation to a third country consignment [F4insofar as it includes] plants, plant products or other objects of a description specified in column 1 of the table in Schedule 1 that are [F5described in [F6Part 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]] [F7or any machinery or vehicles which have been operated for agricultural or forestry purposes].

[F8(2) The fee payable by the importer of a third country consignment in respect of a documentary check of each phytosanitary certificate or phytosanitary certificate for re-export accompanying the consignment, is £5.25. ]

[F9(2A) The fees payable by the importer of a third country consignment in respect of liability to a physical check and identity check that may be carried out on the consignment (whether or not any such check is carried out) are—

(a)(subject to paragraphs (2B) to (2E)) in the case of a consignment originating in an EU Member State, Liechtenstein or Switzerland, where the consignment includes plants, plant products or other objects of one or more descriptions specified in column 1 of the table in Schedule 1A, and originates in a country specified in the corresponding entry in column 2 of that table—

(i)the fee or fees specified in column 3 of that table in respect of a physical check of plants or plant products of each such description contained in the consignment; and

(ii)the fee or fees specified in column 4 of that table in respect of an identity check of plants or plant products of each such description contained in the consignment;

(b)in the case of a consignment originating in any other country—

(i)in the case of a Schedule 2 cut flower consignment which includes one lot of cut flowers—

(aa)the fee specified in column 3 of the table in Schedule 2 in respect of a physical check of those cut flowers; and

(bb)the fee specified in column 4 of that table in respect of an identity check of those cut flowers;

(ii)in the case of a Schedule 2 cut flower consignment which includes two or more lots of cut flowers—

(aa)a fee equal to the highest of the fees specified in column 3 of the table in Schedule 2 in respect of a physical check of any of those lots; and

(bb)the fee specified in column 4 of that table in respect of an identity check which corresponds to the fee payable under sub-paragraph (aa);

(iii)in the case of a Schedule 2 fruit or vegetable consignment which includes one lot of fruit or vegetables—

(aa)the fee specified in column 3 of the table in Schedule 2 in respect of a physical check of those fruit or vegetables; and

(bb)the fee specified in column 4 of that table in respect of an identity check of those fruit or vegetables;

(iv)in the case of a Schedule 2 fruit or vegetable consignment which includes two or more lots of fruit or vegetables—

(aa)a fee equal to the highest of the fees specified in column 3 of the table in Schedule 2 in respect of a physical check of any of those lots; and

(bb)the fee specified in column 4 of that table in respect of an identity check which corresponds to the fee payable under sub-paragraph (aa);

(v)in the case of a consignment which includes—

(aa)plants or plant products of any other description specified in the table in column 1 of Schedule 2, or

(bb)machinery or vehicles which have been operated for agricultural or forestry purposes,

insofar as (in either case) they originate in a country specified in column 2 of that table, the fee or fees specified in columns 3 and 4 of that table in respect of a physical check and identity check, respectively, of the plants or plant products of each such description contained in the consignment (other than any also specified in Schedule 1), and (so far as relevant) of machinery or vehicles;

(vi)where the consignment includes plants, plant products or other objects of one or more descriptions specified in column 1 of the table in Schedule 1—

(aa)the fee or fees specified in column 2 of that table in respect of a physical check of plants, plant products or other objects of each such description contained in the consignment;

(bb)the fee or fees specified in column 3 of that table in respect of an identity check of plants, plant products or other objects of each such description contained in the consignment.

(2B) The fees payable under paragraph (2A)(a) in respect of liability to a physical check and identity check of cut flowers or fruit or vegetables are, irrespective of the number of lots contained in the consignment—

(a)in the case of a consignment including only cut flowers or only fruit or vegetables, those payable in respect of a single lot of the kind in question;

(b)in the case of a consignment including both cut flowers and fruit or vegetables, those payable in respect of a single lot of each kind.

(2C) The fees payable under paragraph (2A)(a) in respect of liability to a physical check and identity check of plants or plant products, so far as the plants or plant products are of a single relevant category and originate in the same country but fall within two or more descriptions specified in column 1 of the table in Schedule 1A, are the highest of the fees specified in respect of plants or plant products of any such description.

(2D) For the purpose of paragraph (2C), “relevant category”, in relation to plants or plant products, means any of the following categories of plants or plant products—

(a)bark;

(b)bulbs;

(c)corms;

(d)plants intended for planting;

(e)rhizomes;

(f)seeds;

(g)tissue cultures;

(h)tubers (other than tubers of potatoes).

(2E) No fee is payable under paragraph (2A)(a) in respect of any consignment imported before [F10the end of the transitional staging period], where it would be payable in respect of any plants or plant products specified in Schedule 2A that are contained in that consignment.]

(3) In this regulation—

[F11(a)[F12“controlled plant pest” means a GB quarantine pest, a provisional GB quarantine pest, a PFA quarantine pest or a GB regulated non-quarantine pest;]

[F13(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;

F14(aba). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 Wales from a third country.

[F15(ba)“the transitional staging period” has the meaning given in Annex 6 to 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.]

F16(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Plant passport authorisation feesW

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

(2) The [F17fee specified in paragraph (3) is] payable in respect of an inspection and any associated activities which are carried out [F18by, or on behalf of, the Welsh Ministers]—

(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.

[F19(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 [F20£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 [F21UK]plant passports F22...;

(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

Plant health licence feesW

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

(a)an application for a licence [F23made to the Welsh Ministers];

(b)any other activity specified in column 1 of that table which is carried out in connection with a licence [F24granted by the Welsh Ministers].

(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 [F25an authorisation [F26described in regulation 20(1)(a) or (b)(i) or 21(1)(b) of the Official Controls (Plant Health and Genetically Modified Organisms) (Wales) Regulations 2020]].

Textual Amendments

[F27Export certification services and pre-export services: feesW

5A.—(1) [F28Subject to paragraph (4A),] the fees specified in the table in Schedule 4A are payable in respect of the services described in column 1 of the table by a person who applies to the Welsh Ministers 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 in Schedule 4A 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 that table;

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

(3) The fees specified in columns 2 and 3 of the table in Schedule 4A 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 the 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 in Schedule 4A, £7.88;

(b)in any other case, £15.76.

[F29(4A) The fees specified in Schedule 4A are 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.

(4B) Paragraph (4A) ceases to have effect at the end of 31 December 2022.]

(5) In this regulation—

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

“pre-export service” (“gwasanaeth cyn-allforio”) 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 F30... in order to satisfy the [F31relevant phytosanitary import requirements within the meaning of Article 99a of the Plant Health Regulation] , other than any such inspection or examination required for the issue of a certificate;

[F32“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.]

“small exporter” (“allforiwr bach”), 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

Potatoes originating in Egypt: feeW

6.—(1) Where an [F33official plant health inspector] takes a sample of potatoes originating in Egypt in order to ascertain whether F34... those potatoes are infected with Ralstonia solanacearum (Smith) Yabuuchi et al., the importer must pay a fee of [F35£70.83] in respect of each lot sampled.

F36(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Potatoes originating in Lebanon: feeW

F376A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Potatoes originating in Lebanon: feeW

F387.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

PART 3WFees relating to the certification of seed potatoes and fruit plants and fruit plant propagating material

Seed potatoes: feesW

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 (Wales) Regulations 2016 M3.

(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 fees specified in column 2 of the table in Schedule 5 in respect of an inspection of 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 [F39£15.76] is payable where a person submits an application for the certification of seed potatoes in paper form (and not online).

[F40(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 the growing crops for certification as Union grade PBTC or the harvested tubers to be inspected are located.

Textual Amendments

Marginal Citations

M3S.I. 2016/106 (W. 52), to which there are amendments not relevant to these Regulations.

Fruit plants and fruit plant propagating material: feesW

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 (Wales) Regulations 2017 M4.

[F41(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

Marginal Citations

M4S.I. 2017/691 (W. 163).

PART 4WPayment of fees

Payment of feesW

10.  Fees payable under these Regulations are payable to the Welsh Ministers on demand.

Suspension of registrationW

11.—(1) Where any sum due by way of, or on account of, any fee or any part of a fee payable by a [F42registered professional operator] under Part 2 of these Regulations remains unpaid, the Welsh Ministers may—

(a)recover the sum as a civil debt, or

(b)after giving one month's written notice, suspend the [F43operator’s] registration until such sum has been paid.

F44(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

PART 5WRevocations

RevocationsW

12.  The instruments listed in Schedule 6 are revoked.

Hannah Blythyn

Minister for Environment under authority of the Cabinet Secretary for Energy, Planning and Rural Affairs, one of the Welsh Ministers

Regulation 3(1) and (2A)(b)(vi)

[F45SCHEDULE 1WImport inspection fees: Consignments originating in countries other than an EU Member State, Liechtenstein or Switzerland

Textual Amendments

Column 1

Description of Plant, plant product or other object

Column 2

Fee: Physical check (£)

Column 3

Fee: Identity check (£)

Cuttings, seedlings (except forestry reproductive material), young plants of strawberries or of vegetables173.915.25
Shrubs, trees (other than cut Christmas trees), other woody nursery plants including forest reproductive material (other than seed)182.385.25
Bulbs, corms, rhizomes, tubers, intended for planting (other than tubers of potatoes)205.045.25
Seeds, tissue cultures128.135.25
Other plants intended for planting, not specified elsewhere in this table182.385.25
Cut flowers42.755.25
Branches with foliage, parts of conifers (other than cut Christmas trees)33.995.25
Cut Christmas trees119.645.25
Leaves of plants, such as herbs, spices and leafy vegetables71.685.25
Fruits, vegetables (other than leafy vegetables)53.105.25
Tubers of potatoes156.695.25
Soil and growing medium, bark119.645.25
Grain142.985.25
Other plants or plant products, not specified elsewhere in this table, except forest trees22.735.25.]

Regulation 3(2A)(a)

[F46SCHEDULE 1AWImport inspection fees: consignments originating in an EU Member State, Liechtenstein or Switzerland

Textual Amendments

Column 1

Plant, plant product or other object and genus (if applicable)

Column 2

Country of origin

Column 3

Fee: Physical check (£)

Column 4

Fee: Identity check (£)

(1)

“Intended for final users” includes clearly packed and ready for supply to final users, identifiable as being for use by landscapers or contractors for planting at the final site of the plants and where additional packing or preparation (excluding multiplication, propagation or growing on) is required before making plants available to final users.

(2)

“All” means any EU Member State, Liechtenstein or Switzerland.]

Cuttings, seedlings (except forestry reproductive material), young plants of strawberries or of vegetables, not intended for final users(1)
All generaAll(2)173.915.25
Bulbs, corms, rhizomes, tubers, (other than tubers of potatoes), not intended for final users(1)
All generaAll(2)205.045.25
Bulbs, corms, rhizomes, tubers, (other than tubers of potatoes), intended for final users(1)
All generaAll(2)20.500.52
Seeds, not intended for final users(1)
Allium cepa L.All(2)128.135.25
Allium porrum L.All(2)128.135.25
Castanea Mill.All(2)128.135.25
Capsicum spp. L.All(2)128.135.25
Helianthus annuus L.All(2)128.135.25
Medicago sativa L.All(2)128.135.25
Phaseolus cocineusAll(2)128.135.25
Phaseolus vulgaris L.All(2)128.135.25
Solanum lycopersicum L.All(2)128.135.25
Solanum tuberosum L. (True potato seed)All(2)128.135.25
Vegetable seeds of Pisum sativum L. and Vicia faba L.All(2)128.135.25
Seeds of oil and fibre plants of—
Brassica napus L.All(2)128.135.25
Brassica rapa L.All(2)128.135.25
Sinapis alba L.All(2)128.135.25
Glycine max (L.) MerrillAll(2)128.135.25
Linum usitatissimum L.All(2)128.135.25
Seeds, intended for final users(1)
Allium cepa L.All(2)6.400.26
Allium porrum L.All(2)6.400.26
Castanea Mill.All(2)6.400.26
Capsicum spp. L.All(2)6.400.26
Helianthus annuus L.All(2)6.400.26
Medicago sativa L.All(2)6.400.26
Phaseolus cocineusAll(2)6.400.26
Phaseolus vulgaris L.All(2)6.400.26
Solanum lycopersicum L.All(2)6.400.26
Solanum tuberosum L. (True potato seed)All(2)6.400.26
Vegetable seeds of Pisum sativum L. and Vicia faba L.All(2)6.400.26
Seeds of oil and fibre plants of—
Brassica napus L.All(2)6.400.26
Brassica rapa L.All(2)6.400.26
Sinapis alba L.All(2)6.400.26
Glycine max (L.) MerrillAll(2)6.400.26
Linum usitatissimum L.All(2)6.400.26
Other seeds not specified elsewhere in this table
All generaAll(2)3.840.15
Tissue cultures, not intended for final users(1)
All generaAll(2)128.135.25
Tissue cultures, intended for final users(1)
All generaAll(2)6.400.26
Plants intended for planting (other than cut Christmas trees), not intended for final users(1)
All generaAll(2)182.385.25
Other plants intended for planting not specified elsewhere in this table, intended for final users(1)
All generaAll(2)18.230.52
Cut flowers
All generaAll(2)1.280.15
Branches with foliage, parts of Conifers other than bark or cut Christmas trees
All generaAll(2)1.020.15
Cut Christmas trees
All generaAll(2)3.580.15
Leaves of plants, such as herbs, spices and leafy vegetables
All generaAll(2)2.150.15
Fruit or vegetables
All generaAll(2)1.590.15
Tubers of potatoes
Solanum tuberosum L. intended for planting (seed potatoes)All(2)156.695.25
Solanum tuberosum L. (ware potatoes)Poland, Portugal or Romania78.342.62
Solanum tuberosum L. (ware potatoes)Spain156.695.25
Solanum tuberosum L. (ware potatoes)Any other EU Member State, Liechtenstein or Switzerland4.700.15
Soil and growing medium, bark
Bark of—
Castanea Mill.All(2)5.980.26
Conifers (Pinales)All(2)5.980.26
Juglans L.All(2)5.980.26
Pterocarya Kunth.All(2)5.980.26
Soil and growing medium, bark
Bark of all genera not specified elsewhere in this tableAll(2)3.580.15
Grain
All generaAll(2)4.280.15
Other plants or plant products not specified elsewhere in this table, other than forest trees, soil and growing medium
All generaAll(2)0.680.15
Machinery or vehicles which have been operated for agricultural or forestry purposes
—All(2)5.980.26

Regulation 3(2A)(b)(i) to (v) and (3)

[F47SCHEDULE 2WImport inspection fees: Reduced rates for consignments originating in countries other than an EU Member State, Liechtenstein or Switzerland

Textual Amendments

Column 1

Plant, plant product or other object and genus (if applicable)

Column 2

Country of origin

Column 3

Fee: Physical check (£)

Column 4

Fee: Identity check (£)

(1)

“Third country in Europe” includes Albania, Andorra, Armenia, Azerbaijan, Belarus, Bosnia and Herzegovina, Canary Islands, the Faeroe Islands, Georgia, Iceland, Moldova, Monaco, Montenegro, North Macedonia, Norway, Russia (only the following parts: Central Federal District (Tsentralny federalny okrug), Northwestern Federal District (Severo-Zapadny federalny okrug), Southern Federal District (Yuzhny federalny okrug), North Caucasian Federal District (Severo-Kavkazsky federalny okrug) and Volga Federal District (Privolzhsky federalny okrug), San Marino, Serbia, Turkey and Ukraine).]

Cut flowers
AsterZimbabwe32.063.93
DianthusColumbia1.280.15
Ecuador6.410.78
Kenya2.140.26
Turkey6.410.78
RosaColumbia1.280.15
Ecuador0.430.05
Ethiopia2.140.26
Kenya4.280.52
Tanzania21.382.62
Zambia4.280.52
Branches with foliage, parts of Conifers (other than cut Christmas trees)
PhoenixCosta Rica17.002.62
Fruit
Carica papayaAny third country other than an EU Member State, Liechtenstein or Switzerland2.660.26
CydoniaAny third country in Europe(1) other than an EU Member State, Liechtenstein or Switzerland2.660.26
FragariaAny third country other than an EU Member State, Liechtenstein or Switzerland2.660.26
MalusAny third country in Europe(1) other than an EU Member State, Liechtenstein or Switzerland2.660.26
Argentina18.591.83
Brazil26.552.62
Chile2.660.26
New Zealand5.310.52
South Africa2.660.26
Persea AmericanaAny third country other than an EU Member State, Liechtenstein or Switzerland2.660.26
PrunusAny third country in Europe(1) other than an EU Member State, Liechtenstein or Switzerland2.660.26
Argentina39.833.93
Chile5.310.53
Morocco26.552.62
Turkey18.591.83
Prunus other than prunus persicaSouth Africa5.310.26
PyrusAny third country in Europe(1) other than an EU Member State, Liechtenstein or Switzerland2.660.26
Argentina7.970.78
Chile7.970.78
China26.552.62
South Africa5.310.53
RibesAny third country in Europe(1) other than an EU Member State, Liechtenstein or Switzerland2.660.26
RubusAny third country other than an EU Member State, Liechtenstein or Switzerland2.660.26
VacciniumAny third country in Europe(1) other than an EU Member State, Liechtenstein or Switzerland2.660.26
Argentina13.281.31
Chile5.310.53
Peru5.310.53
VitisAny third country other than an EU Member State, Liechtenstein or Switzerland2.660.26
Vegetables
Solanum lycopersiconCanary Islands2.660.26
Morocco2.660.26
Solanum melongenaTurkey7.971.31
Machinery or vehicles which have been operated for agricultural or forestry purposes
—Any third country5.980.26

Regulation 3(2E)

[F48SCHEDULE 2AWList of plants or plant products originating in an EU Member State, Liechtenstein or Switzerland subject to fees for physical checks and identity checks from [F49the end of the transitional staging period]

Textual Amendments

1.  Seeds referred to in Schedule 1A as falling within the description “Other seeds not specified elsewhere in this table”.W

2.  Cut flowers.W

3.  Branches with foliage, parts of Conifers other than bark or cut Christmas trees.W

4.  Cut Christmas trees.W

5.  Leaves of plants, such as herbs, spices and leafy vegetables.W

6.  Fruit.W

7.  Vegetables.W

8.  Tubers of potatoes originating in any EU Member State (other than Portugal, Poland, Romania and Spain), Liechtenstein or Switzerland.W

9.  Bark of all genera other than Castanea Mill, conifers (Pinales), Juglans L and Pterocarya Kunth.W

10.  Grain.W

11.  Plants or plant products referred to in Schedule 1A as falling within the description “Other plants or plant products not specified elsewhere in this table, other than forest trees, soil and growing medium”.]W

Regulation 4(2)

F50SCHEDULE 3WPlant passport authorisation fees

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulation 5(1)

[F51SCHEDULE 4WPlant health licence fees

Textual Amendments

In this Schedule—

“period 1” means the period ending on 31 March 2020;

“period 2” means the period beginning on 1 April 2020 and ending on 30 September 2020.

Column 1

Type of application or inspection

Column 2

Date of application

Column 3

Fee (£)

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

995.36
Application for a licence for scientific or trial purposes covering 5 or more items995.36, plus 52.45 per item in excess of 5 items
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 items745.41
Application for a licence in respect of the analysis of soil or other growing medium covering 5 or more items745.41, plus 52.45 per item in excess of 5 items
Application for a variation of a licence with changes requiring scientific or technical assessment380.25
Application for any other licence42.50
Issue of an annual letter of authority42.50
Monitoring compliance with licence terms and conditionsIn the case of monitoring undertaken during period 1

69.75 for each 15 minutes (or part thereof), subject to a minimum fee of 139.50

In the case of monitoring undertaken during period 281.25 for each 15 minutes (or part thereof), subject to a minimum fee of 162.50
In the case of monitoring undertaken on or after 1 October 202092.67 for each 15 minutes (or part thereof), subject to a minimum fee of 185.34]

Regulation 5A

[F52SCHEDULE 4AWFees for export certification services and pre-export services

Textual Amendments

(1)

Service

(2)

Fee - small exporter (£)

(3)

Fee – other exporter (£)

Inspection of consignment31.90 for each 15 minutes (or part thereof), subject to a minimum fee of 63.8063.80 for each 15 minutes (or part thereof), subject to a minimum fee of 127.60
Audit of a grain inspection13.20 for each 15 minutes (or part thereof), subject to a minimum fee of 26.4026.40 for each 15 minutes (or part thereof), subject to a minimum fee of 52.80
Laboratory examination (including laboratory testing)16.78 per sample tested33.56 per sample tested
Issue of certificate12.76 per certificate25.52 per certificate
Amendment of a certificate at the request of the exporter7.88 per certificate15.76 per certificate]

Regulation 8(1)

[F53SCHEDULE 5WSeed potatoes: fees

Textual Amendments

Column 1

Activity

Column 2

Fee (£)

Column 3

Minimum fee (£)

Soil sampling and testing for Potato Cyst Nematode
Soil sampling and testing for the purposes of paragraph 4, 7 or 9 of Schedule 1 to the Seed Potatoes (Wales) Regulations 201624.75 for each hectare (or part thereof) sampled and tested
Inspection of growing crop
Certification as pre-basic seed potatoes: Union grade PBTC30.39 for each 15 minutes (or part thereof)60.78
Certification as pre-basic seed potatoes: Union grade PB12.16 per each 0.1 hectare (or part thereof) inspected60.75
Certification as basic seed potatoes: Union grade S10.57 per each 0.1 hectare (or part thereof) inspected105.70
Certification as basic seed potatoes: Union grade SE10.57 per each 0.1 hectare (or part thereof) inspected105.70
Certification as basic seed potatoes: Union grade E10.33 per each 0.1 hectare (or part thereof) inspected103.30
Certification as certified seed potatoes: Union grade A or B9.39 per each 0.1 hectare (or part thereof) inspected93.90
Inspection of harvested tubers
Inspection40.55 for each 15 minutes (or part thereof)81.10
Provision of labels and seals in respect of application
Printed labels for bags holding 50 kgs of seed potatoes or less0.05 per label
Printed labels and seals for bags holding more than 50 kgs of seed potatoes0.11 per label (including seal)
Blank labels and seals0.16 per label (including seal)]

Regulation 12

[F53SCHEDULE 6WRevocations

  • — The Plant Health (Fees) (Wales) Regulations 2014 M5.

  • — The Plant Health (Fees) (Wales) (Amendment) Regulations 2015 M6.]

Marginal Citations

M5S.I. 2014/1792 (W. 185), amended by S.I. 2015/777 (W. 61).

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply to Wales, specify fees payable to the Welsh Ministers in relation to plant health services and the certification of seed potatoes, fruit plants and fruit plant propagating material. They revoke and replace the Plant Health Fees (Wales) Regulations 2014 (S.I. 2014/1792 (W. 185)).

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).

The Welsh Ministers' Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.

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