The Plant Health (Fees) (England) and Official Controls (Frequency of Checks) (Amendment) Regulations 2024

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend:

• Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 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 (“the Official Controls Regulation”);

• the Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015 (S.I. 2015/350) (“the 2015 Regulations”);

• the Plant Health etc. (Fees) (England) Regulations 2018 (S.I. 2018/289) (“the 2018 Regulations”); and

• the Official Controls (Plant Health) (Frequency of Checks) Regulations 2022 (S.I. 2022/739) (“the 2022 Regulations”).

Part 2 makes amendments relating to fees for certain inspections and checks of plants, plant products or other objects.

Regulation 2 amends the 2015 Regulations. Regulation 2(2) corrects the type of inspection for which a fee is chargeable in relation to England under those Regulations.

Regulation 3 amends the 2018 Regulations. Regulation 3(2) amends the fees for documentary checks relating to certain plants, plant products and other objects originating in an EU Member State, Liechtenstein or Switzerland. It also provides that no fee is payable for physical and identity checks relating to certain goods from EU Member States, Liechtenstein and Switzerland and provides exceptions to that rule.

Regulation 3(3) inserts a table of certain plants, plant products and other objects to which the fees amended by regulation 3(2)(b) relate. The table updates and corrects the import inspection fee for Solanum lycopersicum from Morocco and the Canary Islands.

Part 3 makes amendments relating to the frequency of checks of plants, plant products and other objects.

Regulation 4 amends Annex 6 of the Official Controls Regulation. Regulation 4(2) amends the definition of “appropriate frequency rate” for certain plants, plant products and other objects. Regulation 4(3) and (4) expands the scope of Article 44 so that it covers certain additional plants, plant products and other objects from “relevant third countries” (as defined): regulation 4(3) makes provision in relation to the frequency rate for checks of certain plants, plant products and other objects entering Great Britain from relevant third countries; regulation 4(4) makes an exception to the rule in Article 44(2A) of the Official Controls Regulation for certain consignments entering through a “relevant port” (various West Coast ports, as defined). Regulation 4(5) expands the scope of Article 45 for certain checks for certain plants, plant products and other objects entering Great Britain.

Regulation 5 expands the scope of regulation 3 of the 2022 Regulations so that it covers certain additional plants, plant products and other objects from relevant third countries. It further disapplies the rules as to frequency rates for certain checks under regulation 3 of those Regulations for certain consignments originating in an EU Member State, Liechtenstein or Switzerland.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.