2005 No. 373
The Plant Health (Import Inspection Fees) Regulations (Northern Ireland) 2005
Made
Coming into operation
The Department of Agriculture and Rural Development1, being a Department designated2 for the purposes of section 2(2) of the European Communities Act3 in relation to the Common Agricultural Policy of the European Community, in exercise of the powers conferred on it by the said section 2(2), section 56(1), (2) and (5) of the Finance Act 19734, and of all other powers enabling it in that behalf, with the consent of the Department of Finance and Personnel, hereby makes the following Regulations:
Citation and commencement1
These Regulations may be cited as the Plant Health (Import Inspection Fees) Regulations (Northern Ireland) 2005 and shall come into operation on 1st September 2005.
Interpretation2
1
In these Regulations—
“consignment” has the same meaning as in Article 2(1)(p) of the Directive;
“daytime working hours” means any time between the hours of 8.30 a.m. to 5.00 p.m. on any day except a Saturday, Sunday, Christmas Day, Good Friday or a day which is a bank holiday in Northern Ireland under the Banking and Financial Dealings Act 19715;
“the Department” means the Department of Agriculture and Rural Development;
“the Directive” means Council Directive 2000/29/EC of 8th May 20006 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community as last amended by Commission Directive 2005/15/EC of 28th February 20057;
“documentary check” has the same meaning as in Article 13a(1)(b)(i) of the Directive;
“identity check” has the same meaning as in Article 13a(1)(b)(ii) of the Directive;
“plant” has the same meaning as in Article 2(1)(a) of the Directive;
“plant health check” has the same meaning as in Article 13a(1)(b)(iii) of the Directive;
“plant intended for planting” has the same meaning as in Article 2(1)(d) of the Directive;
“plant product” has the same meaning as in Article 2(1)(b) of the Directive; and
“third country” means a country or territory other than one within the European Community.
2
A reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication, as defined in the Electronic Communications Act 20008, which has been recorded and is consequently capable of being reproduced.
3
The Interpretation Act (Northern Ireland) 19549 shall apply to these Regulations as it applies to an Act of the Assembly.
Consignments to which Regulations apply3
These Regulations apply to consignments of plants, plant products and other objects of a description specified in the first column of Schedule 1, landed in Northern Ireland from a third country, in respect of which Article 13d(1) of the Directive requires Member States to charge phytosanitary fees to cover the costs occasioned by documentary checks, identity checks and plant health checks.
Fees4
1
An importer of a consignment to which these Regulations apply shall pay to the Department the fees specified in this regulation.
2
In respect of a plant health check carried out on any consignment of plants, plant products or other objects, other than a consignment of a plant or plant product to which paragraph (3) applies, the fee payable shall be—
a
the fee specified in the third column of Schedule 1 in respect of a check carried out during daytime working hours; or
b
the fee specified in the fourth column of that Schedule in respect of a check carried out outside those hours.
3
In respect of a plant health check carried out, or which, but for Article 13a(2) of the Directive (providing for such checks to be carried out at reduced frequency), would have been required to be carried out, on a consignment of any plant or plant product listed in the first column of Schedule 2 and originating from a country listed in the third column of that Schedule, the fee payable, in accordance with Article 13d(2) of the Directive, shall be—
a
the fee specified in the fourth column of Schedule 2 in respect of a check carried out during daytime working hours; and
b
the fee specified in the fifth column of that Schedule in respect of a check carried out outside those hours.
4
In respect of a documentary check or an identity check carried out on any consignment the fee payable shall be the fee specified for that check in the third column of Schedule 3.
Mixed consignments5
Where a consignment to which these Regulations apply does not consist exclusively of plants, plant products or other objects coming within one description in the first column of Schedule 1, those parts thereof consisting of plants, plant products or other objects coming within other descriptions in the first column of that Schedule shall be treated as separate consignments and subject to separate fees under regulation 4.
Notification of consignments6
An importer of a consignment to which these Regulations apply must submit to the Department such information relating to the consignment, in writing and in such form as the Department may reasonably require, and such information must be submitted at least 48 hours before the consignment is landed in Northern Ireland.
Sealed with the Official Seal of the Department of Agriculture and Rural Development on 8th August 2005.
The Department of Finance and Personnel hereby consents to the foregoing Regulations.
Sealed with the Official Seal of the Department of Finance and Personnel on 8th August 2005.
SCHEDULE 1IMPORT INSPECTION FEES FOR PLANT HEALTH CHECKS
Column 1 | Column 2 | Column 3 | Column 4 |
|---|---|---|---|
Plant, plant product or other object | Quantity | Fee (daytime working hours) | Fee (non-daytime working hours) |
Cuttings, seedlings (except forestry reproductive material), young plants of strawberries or of vegetables | Per consignment | ||
— up to 10,000 in number | £13.24 | £19.86 | |
— for each additional 1,000 units | £0.52 | £0.78 | |
— maximum price | £105.92 | £158.88 | |
Shrubs, trees (other than cut Christmas trees), other woody nursery plants including forest reproductive material (other than seed) | Per consignment | ||
— up to 1,000 in number | £13.24 | £19.86 | |
— for each additional 100 units | £0.33 | £0.49 | |
— maximum price | £105.92 | £158.88 | |
Bulbs, corms, rhizomes, tubers, intended for planting (other than tubers of potatoes) | Per consignment | ||
— up to 200 kg in weight | £13.24 | £19.86 | |
— for each additional 10 kg | £0.12 | £0.18 | |
— maximum price | £105.92 | £158.88 | |
Seeds, tissue cultures | Per consignment | ||
— up to 100 kg in weight | £5.67 | £8.50 | |
— for each additional 10 kg | £0.13 | £0.19 | |
— maximum price | £105.92 | £158.88 | |
Other plants intended for planting, not specified elsewhere in this Schedule | Per consignment | ||
— up to 5,000 in number | £13.24 | £19.86 | |
— for each additional 100 units | £0.13 | £0.19 | |
— maximum price | £105.92 | £158.88 | |
Cut flowers | Per consignment | ||
— up to 20,000 in number | £13.24 | £19.86 | |
— for each additional 1,000 units | £0.10 | £0.15 | |
— maximum price | £105.92 | £158.88 | |
Branches with foliage, parts of conifers (other than cut Christmas trees) | Per consignment | ||
— up to 100 kg in weight | £13.24 | £19.86 | |
— for each additional 100 kg | £1.32 | £1.98 | |
— maximum price | £105.92 | £158.88 | |
Cut Christmas trees | Per consignment | ||
— up to 1,000 in number | £13.24 | £19.86 | |
— for each additional 100 units | £1.32 | £1.98 | |
— maximum price | £105.92 | £158.88 | |
Leaves of plants, such as herbs, spices and leafy vegetables | Per consignment | ||
— up to 100 kg in weight | £13.24 | £19.86 | |
— for each additional 10 kg | £1.32 | £1.98 | |
— maximum price | £105.92 | £158.88 | |
Fruits, vegetables (other than leafy vegetables) | Per consignment | ||
— up to 25,000 kg in weight | £13.24 | £19.86 | |
— for each additional 1,000 kg | £0.52 | £0.78 | |
Tubers of potatoes | Per lot | ||
— up to 25,000 kg in weight | £39.72 | £59.58 | |
— for each additional 25,000 kg | £39.72 | £59.58 | |
Soil and growing medium | Per consignment | ||
— up to 25,000 kg in weight | £13.24 | £19.86 | |
— for each additional 1,000 kg | £0.52 | £0.78 | |
— maximum price | £105.92 | £158.88 | |
Grain | Per consignment | ||
— up to 25,000 kg in weight | £13.24 | £19.86 | |
— for each additional 1,000 kg | £0.52 | £0.78 | |
— maximum price | £529.60 | £794.40 | |
Other plants or plant products not specified elsewhere in this Schedule | Per consignment | £13.24 | £19.86 |
SCHEDULE 2REDUCED IMPORT INSPECTION FEES FOR PLANT HEALTH CHECKS
Column 1 | Column 2 | Column 3 | Column 4 | Column 5 |
|---|---|---|---|---|
Genus | Quantity | Country of origin | Fee (daytime working hours) | Fee (non-daytime working hours) |
Cut flowers | ||||
Aster | Per consignment | |||
— up to 20,000 in number | Zimbabwe | £3.31 | £4.96 | |
— for each additional 1,000 units | Zimbabwe | £0.02 | £0.03 | |
— maximum price | Zimbabwe | £26.48 | £39.72 | |
Dianthus | Per consignment | |||
— up to 20,000 in number | Colombia | £0.40 | £0.60 | |
Ecuador | £1.98 | £2.97 | ||
Morocco, Turkey | £3.31 | £4.96 | ||
— for each additional 1,000 units | Colombia | £0.003 | £0.004 | |
Ecuador | £0.01 | £0.015 | ||
Morocco, Turkey | £0.02 | £0.03 | ||
— maximum price | Colombia | £3.17 | £4.75 | |
Ecuador | £15.88 | £23.82 | ||
Morocco, Turkey | £26.48 | £39.72 | ||
Rosa | Per consignment | |||
— up to 20,000 in number | Ecuador, Kenya, Uganda, Zimbabwe | £0.66 | £0.99 | |
Colombia | £1.32 | £1.98 | ||
— for each additional 1,000 units | Ecuador, Kenya, Uganda, Zimbabwe | £0.005 | £0.007 | |
Colombia | £0.01 | £0.015 | ||
— maximum price | Ecuador, Kenya, Uganda, Zimbabwe | £5.29 | £7.94 | |
Colombia | £10.59 | £15.89 | ||
Fruit | ||||
Malus | Per consignment | |||
— up to 25,000 kg in weight | Chile, South Africa | £1.32 | £1.98 | |
Argentina, New Zealand | £1.98 | £2.97 | ||
Brazil | £3.31 | £4.96 | ||
China | £6.62 | £9.93 | ||
— for each additional 1,000 kg | Chile, South Africa | £0.05 | £0.07 | |
Argentina, New Zealand | £0.07 | £0.10 | ||
Brazil | £0.13 | £0.19 | ||
China | £0.26 | £0.39 | ||
Mangifera | Per consignment | |||
— up to 25,000 kg in weight | Brazil | £1.32 | £1.98 | |
South Africa | £6.62 | £9.93 | ||
— for each additional 1,000 kg | Brazil | £0.05 | £0.07 | |
South Africa | £0.26 | £0.39 | ||
Prunus | Per consignment | |||
— up to 25,000 kg in weight | Chile, South Africa, Turkey | £1.32 | £1.98 | |
Argentina | £1.98 | £2.97 | ||
— for each additional 1,000 kg | Chile, South Africa, Turkey | £0.05 | £0.07 | |
Argentina | £0.07 | £0.10 | ||
Pyrus | Per consignment | |||
— up to 25,000 kg in weight | South Africa | £1.32 | £1.98 | |
Argentina | £1.98 | £2.97 | ||
Chile | £3.31 | £4.96 | ||
China | £6.62 | £9.93 | ||
— for each additional 1,000 kg | South Africa | £0.05 | £0.07 | |
Argentina | £0.07 | £0.10 | ||
Chile | £0.13 | £0.19 | ||
China | £0.26 | £0.39 | ||
Citrus | Per consignment | |||
— up to 25,000 kg in weight | Morocco | £0.66 | £0.99 | |
Turkey | £0.92 | £1.38 | ||
USA | £1.32 | £1.98 | ||
Israel, Mexico, Uruguay | £1.98 | £2.97 | ||
— for each additional 1,000 kg | Morocco | £0.02 | £0.03 | |
Turkey | £0.03 | £0.04 | ||
USA | £0.05 | £0.07 | ||
Israel, Mexico, Uruguay | £0.07 | £0.10 | ||
Where the total amount of any fee comprises an amount of less than £0.01, that amount shall be excluded. | ||||
SCHEDULE 3IMPORT INSPECTION FEES FOR DOCUMENTARY CHECKS AND IDENTITY CHECKS
Column 1 | Column 2 | Column 3 |
|---|---|---|
Check | Quantity | Fee |
Documentary check | Per consignment | £5.29 |
Identity check | Per consignment | |
— up to a size of a truck load, a railway wagon load or the load of a container of comparable size | £5.29 | |
— bigger than the above size | £10.58 |
(This note is not part of the Regulations)