- Draft legislation
This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Plant Health (EU Exit) (Scotland) (Amendment) Regulations 2021 No. 159
2.—(1) The 2014 Regulations are amended as follows.
(2) For regulation 3(2)(b) (application of the import inspection fee) substitute—
“(b)is—
(i)landed in Scotland from a third country, the European Union, Liechtenstein or Switzerland, or
(ii)subject to any agreement made under the provisions of any legislation that establishes the cases where, and the conditions under which, identity checks and physical checks of transhipped consignments and of animals arriving by air or sea and staying on the same means of transport for onward travel may be performed at a border control post other than the one of first arrival under Article 51(1) (specific rules for official controls at border inspection posts) of the Official Controls Regulation.”.
(3) For regulation 4 (fees) substitute—
“4.—(1) Subject to paragraphs (2), (3), (4)(a) and (5)(a), the fee specified for a physical check—
(a)during normal working hours, is the fee specified in the fourth column of schedule 1 and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule, or
(b)outside normal working hours, is the fee specified in the fifth column of schedule 1 and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule.
(2) Paragraph (1) does not apply to a consignment, or such part of a consignment, consisting of plants, plant products or other objects as described in the second column of that schedule originating in the European Union, Liechtenstein or Switzerland.
(3) In the case of a consignment, or such part of a consignment, consisting of any plants, plant products or other objects listed in the second column of schedule 1A and originating from the European Union, Liechtenstein or Switzerland, the fee specified for a physical check—
(a)during normal working hours, is the fee specified in the fourth column of schedule 1A and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule, or
(b)outside normal working hours, is the fee specified in the fifth column of schedule 1A and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule.
(4) In the case of a consignment, or such part of a consignment, consisting of any plants, plant products or other objects listed in the second column of schedule 2 and originating from a country listed in the fourth column of that schedule—
(a)the fee specified for a physical check—
(i)during normal working hours, is the fee specified in the fifth column of schedule 2 and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule, or
(ii)outside normal working hours, is the fee specified in the sixth column of schedule 2 and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule,
(b)the fee specified for an identity check carried out is the fee specified in the seventh column of schedule 2 and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule.
(5) In the case of a consignment, or such part of a consignment, consisting of any plants, plant products or other objects listed in the second column of schedule 2ZA and originating in the European Union, Liechtenstein or Switzerland—
(a)the fee specified for a physical check—
(i)during normal working hours, is the fee specified in the fourth column of schedule 2ZA and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule, or
(ii)outside normal working hours, is the fee specified in the fifth column of schedule 2ZA and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule,
(b)the fee specified for an identity check carried out is the fee specified in the sixth column of schedule 2ZA and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule.
(6) The fee specified for—
(a)a documentary check or an identity check for a consignment or such part of a consignment, consisting of any plants, plant products or other objects for which the fee for a physical check is specified in paragraph (1) and schedule 1 is the fee specified in the third column of table 1 in schedule 2A,
(b)a documentary check or an identity check for a consignment or such part of a consignment, consisting of any plants, plant products or other objects for which the fee for a physical check is specified in paragraph (3) and schedule 1A is the fee specified in the third column of table 1 in schedule 2A,
(c)a documentary check for a consignment or such part of a consignment, consisting of any plants, plant products or other objects for which the fee for a physical check is specified in paragraph (4)(a) and schedule 2 is the fee specified in the third column of table 2 in schedule 2A,
(d)a documentary check for a consignment or such part of a consignment, consisting of any plants, plant products or other objects for which the fee for a physical check is specified in paragraph (5)(a) and schedule 2ZA is the fee specified in the third column of table 3 in schedule 2A.”.
(4) After schedule 1, insert—
Regulations 3 and 4(1)
Item | Plant, plant product or other object | Quantity | *Fees | ||||||||
---|---|---|---|---|---|---|---|---|---|---|---|
Normal working hours | Outside normal working hours | ||||||||||
1 | Abies | up to 1,000 in number | £30 | £54 | |||||||
for each additional 1,000 units (or part thereof) | £0.50 up to a maximum of £168 | £1.00 up to a maximum of £318 | |||||||||
2 | Acer palmatum | up to 1,000 in number | £30 | £54 | |||||||
for each additional 100 units (or part thereof) | £0.50 up to a maximum of £168 | £1.00 up to a maximum of £318 | |||||||||
3 | Castanea sativa Mill. | up to 1,000 in number | £30 | £54 | |||||||
for each additional 1,000 units (or part thereof) | £0.50 up to a maximum of £168 | £1.00 up to a maximum of £318 | |||||||||
4 | Chamaecyparis sp. Spach bonsai plants** | up to 1,000 in number | £30 | £54 | |||||||
for each additional 100 units (or part thereof) | £0.50 up to a maximum of £168 | £1.00 up to a maximum of £318 | |||||||||
5 | Coffea | up to 1,000 in number | £30 | £54 | |||||||
for each additional 100 units (or part thereof) | £0.50 up to a maximum of £168 | £1.00 up to a maximum of £318 | |||||||||
6 | Ulmus sp. | up to 1,000 in number | £30 | £54 | |||||||
for each additional 100 units (or part thereof) | £0.50 up to a maximum of £168 | £1.00 up to a maximum of £318 | |||||||||
7 | Juniperus sp. L. bonsai plants** | up to 1,000 in number | £30 | £54 | |||||||
for each additional 100 units (or part thereof) | £0.50 up to a maximum of £168 | £1.00 up to a maximum of £318 | |||||||||
8 | Larix | up to 1,000 in number | £30 | £54 | |||||||
for each additional 100 units (or part thereof) | £0.50 up to a maximum of £168 | £1.00 up to a maximum of £318 | |||||||||
9 | Lavandula L. | up to 1,000 in number | £30 | £54 | |||||||
for each additional 100 units (or part thereof) | £0.50 up to a maximum of £168 | £1.00 up to a maximum of £318 | |||||||||
10 | Nerium oleander L. | up to 1,000 in number | £30 | £54 | |||||||
for each additional 100 units (or part thereof) | £0.50 up to a maximum of £168 | £1.00 up to a maximum of £318 | |||||||||
11 | Quercus L. | up to 1,000 in number | £30 | £54 | |||||||
for each additional 100 units (or part thereof) | £0.50 up to a maximum of £168 | £1.00 up to a maximum of £318 | |||||||||
12 | Olea europaea L. | up to 1,000 in number | £30 | £54 | |||||||
for each additional 100 units (or part thereof) | £0.50 up to a maximum of £168 | £1.00 up to a maximum of £318 | |||||||||
13 | Palmae | up to 1,000 in number | £30 | £54 | |||||||
for each additional 100 units (or part thereof) | £0.50 up to a maximum of £168 | £1.00 up to a maximum of £318 | |||||||||
14 | Picea | up to 1,000 in number | £30 | £54 | |||||||
for each additional 100 units (or part thereof) | £0.50 up to a maximum of £168 | £1.00 up to a maximum of £318 | |||||||||
15 | Pinus | up to 1,000 in number | £30 | £54 | |||||||
for each additional 100 units (or part thereof) | £0.50 up to a maximum of £168 | £1.00 up to a maximum of £318 | |||||||||
16 | Pinus parviflora Sieb. & Zucc. (Pinus pentaphylla Mayr) bonsai plants(1) | up to 1,000 in number | £30 | £54 | |||||||
for each additional 100 units (or part thereof) | £0.50 up to a maximum of £168 | £1.00 up to a maximum of £318 | |||||||||
17 | Pinus parviflora Sieb & Zucc. bonsai plants**, grafted on a rootstock of another Pinus species | up to 1,000 in number | £30 | £54 | |||||||
for each additional 100 units (or part thereof) | £0.50 up to a maximum of £168 | £1.00 up to a maximum of £318 | |||||||||
18 | Pinus thunbergi Parl. bonsai plants**, grafted on a rootstock of another Pinus species | up to 1,000 in number | £30 | £54 | |||||||
for each additional 100 units (or part thereof) | £0.50 up to a maximum of £168 | £1.00 up to a maximum of £318 | |||||||||
19 | Platanus | up to 1,000 in number | £30 | £54 | |||||||
for each additional 100 units (or part thereof) | £0.50 up to a maximum of £168 | £1.00 up to a maximum of £318 | |||||||||
20 | Polygala myrtifolia | up to 1,000 in number | £30 | £54 | |||||||
for each additional 100 units (or part thereof) | £0.50 up to a maximum of £168 | £1.00 up to a maximum of £318 | |||||||||
21 | Prunus L. | up to 1,000 in number | £30 | £54 | |||||||
for each additional 100 units (or part thereof) | £0.50 up to a maximum of £168 | £1.00 up to a maximum of £318 | |||||||||
22 | Rosmarinus officinalis L. | up to 1,000 in number | £30 | £54 | |||||||
for each additional 100 units (or part thereof) | £0.50 up to a maximum of £168 | £1.00 up to a maximum of £318 | |||||||||
Bulbs, corms, rhizomes, tubers, (other than tubers of potatoes), not intended for final users | |||||||||||
23 | All genera | Per consignment – up to 200kg in weight | £30 | £54 | |||||||
For each additional 10kg (or part thereof) | £0.20 up a maximum of £168 | £0.40 up to maximum of £318 | |||||||||
Seeds, tissue cultures, not intended for final users | |||||||||||
24 | All genera | Per consignment up to 100kg in weight | £30 | £54 | |||||||
For each additional 10kg (or part thereof) | £0.50 up to a maximum of £168 | £0.90 up to a maximum of £318 | |||||||||
Tubers of potatoes | |||||||||||
25 | Solanum tuberosum L. intended for planting (seed potatoes) | up to 25,000kg in weight | £64 | £96 | |||||||
For each additional 25,000kg | £52 | £78 | |||||||||
26 | Solanum tuberosum L. (ware potatoes), from Spain | up to 25,000kg in weight | £64 | £96 | |||||||
For each additional 25,000kg | £52 | £78 | |||||||||
Other plants intended for planting not specified elsewhere in this table, not intended for final users | |||||||||||
27 | All genera | Per consignment | £30 | £54 | |||||||
* Fees are rounded up to the nearest pound, with the exception of the additional quantity values which are rounded up to the nearest penny. ** “Bonsai plants” means naturally or artificially dwarfed plants for planting.”. |
(5) For schedule 2 (reduced import inspection fees for physical checks) substitute—
Regulations 3 and 4(4)
Item | Product | Quantity | Country of Origin | *Fees | ||
---|---|---|---|---|---|---|
Normal working hours | Outside normal working hours | Identity check | ||||
Bulbs, corms, rhizomes, tubers, (other than tubers of potatoes), intended for final users or to produce plants for final use** | ||||||
1 | All genera | Per consignment – up to 200kg in weight | Any European Union Member State, Liechtenstein or Switzerland | £13.80 | £21.60 | £0.60 |
for each additional 10kg (or part thereof) | £0.02 | £0.04 | ||||
Maximum price | £26.40 | £46.80 | ||||
Seeds, tissue cultures, intended for final users or to produce plants for final use** | ||||||
2 | All genera | Per consignment – up to 100kg in weight | Any European Union Member State, Liechtenstein or Switzerland | £12.90 | £19.80 | £0.30 |
For each additional 10kg (or part thereof) | £0.02 | £0.04 | ||||
Maximum price | £19.20 | £32.40 | ||||
Cut Flowers | ||||||
3 | Aster | Up to 20,000 in number | Zimbabwe | £25.50 | £45.00 | £4.50 |
for each additional 1,000 units | £0.15 | £0.23 | ||||
maximum price | £120.00 | £234.00 | ||||
4 | Dianthus | up to 20,000 in number | Colombia | £12.60 | £19.10 | £0.18 |
Ecuador, Turkey | £14.70 | £23.40 | £0.90 | |||
Kenya | £12.90 | £19.80 | £0.30 | |||
for each additional 1,000 units | Columbia | £0.01 | £0.01 | |||
Ecuador, Turkey | £0.03 | £0.05 | ||||
Kenya | £0.01 | £0.02 | ||||
maximum price | Colombia | £16.40 | £26.70 | |||
Ecuador, Turkey | £33.60 | £61.20 | ||||
Kenya | £19.20 | £32.40 | ||||
5 | Rosa | up to 20,000 in number | Colombia | £12.60 | £19.10 | £0.18 |
Ecuador | £12.20 | £18.40 | £0.06 | |||
Ethiopia | £12.90 | £19.80 | £0.30 | |||
Kenya, Zambia | £13.80 | £21.60 | £0.60 | |||
Tanzania | £21.00 | £36.00 | £3.00 | |||
for each additional 1,000 units | Colombia | £0.01 | £0.01 | |||
Ecuador | £0.01 | £0.01 | ||||
Ethiopia | £0.01 | £0.02 | ||||
Kenya, Zambia | £0.02 | £0.03 | ||||
Tanzania | £0.10 | £0.15 | ||||
maximum price | Colombia | £16.40 | £26.70 | |||
Ecuador | £13.40 | £20.90 | ||||
Ethiopia | £19.20 | £32.40 | ||||
Kenya, Zambia | £26.40 | £46.80 | ||||
Tanzania | £84.00 | £162.00 | ||||
Branches with foliage, parts of Conifers (other than Christmas trees) | ||||||
6 | All genera | Per consignment – up to 200kg in weight | Any EU Member State, Liechtenstein or Switzerland | £1.50 | 2.70 | £0.30 |
For each additional 100kg (or part thereof ) | £0.16 | £0.18 | ||||
7 | Phoenix | up to 20,000 in number | Costa Rica | £21.00 | £36.00 | £3.00 |
for each additional 1,000 units | £0.10 | £0.15 | ||||
maximum price | £84.00 | £162.00 | ||||
Fruit | ||||||
8 | Carica papaya | up to 25,000kg in weight | Any third country | £12.90 | £19.80 | £0.30 |
for each additional 1,000kg | £0.04 | £0.08 | ||||
9 | Cydonia | up to 25,000kg in weight | Any third country in Europe | £12.90 | £19.80 | £0.30 |
for each additional 1,000kg | £0.04 | £0.08 | ||||
10 | Fragaria | up to 25,000kg in weight | Any third country | £12.90 | £19.80 | £0.30 |
for each additional 1,000kg | £0.04 | £0.08 | ||||
11 | Malus | up to 25,000kg in weight | Argentina | £18.30 | £30.60 | £2.10 |
Brazil | £21.00 | £36.00 | £3.00 | |||
Chile, Any third country in Europe, South Africa | £12.90 | £19.80 | £0.30 | |||
New Zealand | £13.80 | £21.60 | £0.60 | |||
for each additional 1,000kg | Argentina | £0.28 | £0.53 | |||
Brazil | £0.40 | £0.75 | ||||
Chile, South Africa | £0.04 | £0.08 | ||||
New Zealand | £0.08 | £0.15 | ||||
12 | Persea americana | up to 25,000kg in weight | Any third country | £12.90 | £19.80 | £0.30 |
for each additional 1,000kg | £0.04 | £0.08 | ||||
13 | Prunus | up to 25,000kg in weight | Argentina | 25.50 | £45.00 | £4.50 |
Chile | £13.80 | £21.60 | £0.60 | |||
Any third country in Europe | £12.90 | £19.80 | £0.30 | |||
Morocco | £21.00 | £36.00 | £3.00 | |||
Turkey | £18.30 | £30.60 | £2.10 | |||
for each additional 1,000kg | Argentina | £0.60 | £1.13 | |||
Chile | £0.08 | £0.15 | ||||
Any third country in Europe | £0.04 | £0.08 | ||||
Morocco | £0.40 | £0.75 | ||||
Turkey | £0.28 | £0.53 | ||||
14 | Prunus – other than P. persica | up to 25,000kg in weight | South Africa | £13.80 | £21.60 | £0.60 |
for each additional 1,000kg | £0.08 | £0.15 | ||||
15 | Pyrus | up to 25,000kg in weight | Argentina, Chile | £14.70 | £23.40 | £0.90 |
China | £21.00 | £36.00 | £3.00 | |||
Any third country in Europe | £12.90 | £19.80 | £0.30 | |||
South Africa | £13.80 | £21.60 | £0.60 | |||
for each additional 1,000kg | Argentina, Chile | £0.12 | £0.23 | |||
China | £0.40 | £0.75 | ||||
Any third country in Europe | £0.04 | £0.08 | ||||
South Africa | £0.08 | £0.15 | ||||
16 | Ribes | up to 25,000kg in weight | Any third country in Europe | £12.90 | £19.80 | £0.30 |
for each additional 1,000kg | £0.04 | £0.08 | ||||
17 | Rubus | up to 25,000kg in weight | Any third country | £12.90 | £19.80 | £0.30 |
for each additional 1,000kg | £0.04 | £0.08 | ||||
18 | Vaccinium | up to 25,000kg in weight | Argentina | £16.50 | £27.00 | £1.50 |
Any third country in Europe | £12.90 | £19.80 | £0.30 | |||
Chile, Peru | £13.80 | £21.60 | £0.60 | |||
for each additional 1,000kg | Argentina | £0.20 | £0.38 | |||
Any third country in Europe | £0.04 | £0.08 | ||||
Chile, Peru | £0.08 | £0.15 | ||||
19 | Vitis | up to 25,000kg in weight | Any third country | £12.90 | £19.80 | £0.30 |
for each additional 1,000kg | £0.04 | £0.08 | ||||
Vegetables | ||||||
20 | Solanum lycopersicon | up to 25,000kg in weight | Canary Islands, Morocco | £12.90 | £19.80 | £0.03 |
for each additional 1,000kg | Canary Islands, Morocco | £0.04 | £0.08 | |||
21 | Solanum melongena | up to 25,000kg in weight | Turkey | £14.70 | £23.40 | £0.90 |
for each additional 1,000kg | £0.12 | £0.23 | ||||
Tubers of potatoes | ||||||
22 | Solanum tuberosum L. (ware potatoes) | up to 25,000kg in weight | Poland, Portugal, Romania | £32 | £48 | £3.00 |
for each additional 25,000kg in weight (or part thereof) | £26 | £39 | ||||
Bark | ||||||
23 | Bark | Per consignment – up to 25,00 in weight | Any European Union Member State, Liechtenstein or Switzerland | £12.90 | £19.80 | £0.30 |
for each additional 1,000kg (or part thereof) | £0.04 | £0.13 | ||||
Other plants intended for planting not specified elsewhere in this table or the table in Schedule 1A, intended for final users or to produce plants for final use** | ||||||
24 | All genera | Per consignment | Any European Union Member State, Liechtenstein or Switzerland | £14.40 | £21.60 | £0.60 |
Other objects | ||||||
25 | Machinery or vehicles which have been operated for agricultural or forestry purposes | Per Consignment | Any third country, any European Union Member State, Liechtenstein or Switzerland | £12.90 | £19.80 | £0.30 |
* Fees are rounded up to the nearest pound, with the exception of the additional quantity values which are rounded up to the nearest penny. ** “Final use” means any use by a person acting for purposes which are outside that person’s trade, business or profession who acquires plants or plant products for personal use.”. |
(6) After schedule 2 insert—
Regulations 3 and 4(5)
Item | Plant, plant product or other object | Quantity | *Fees – Physical checks | Fees – Identity Check | |
---|---|---|---|---|---|
Normal working hours | Outside normal working hours | ||||
1 | Cut Flowers (all genera) | Per consignment – up to 20,000 in number | £13.00 | £19.00 | £0.18 |
for each additional 1,000 units (or part thereof) | £0.02 up to a maximum of £20.00 | £0.01 up to a maximum of £27.00 | |||
2 | Cut Christmas trees (all genera) | Per consignment – up to 1,000 in number | £13.00 | £19.00 | £0.18 |
for each additional 1,000 units (or part thereof) | £0.18 up to a maximum of £20.00 | £0.36 up to a maximum of £27.00 | |||
3 | Leaves of plants, such as herbs, spices and leafy vegetables | Per consignment – up to 100kg in weight | £13.00 | £19.00 | £0.18 |
For each additional 10kg (or part thereof) | £0.02 up to a maximum of £20 | £0.11 up to a maximum of £318 | |||
4 | Fruits (all genera) and vegetables (all genera) | Per consignment – up to 25,000kg in weight | £13.00 | £19.00 | £0.18 |
For each additional 1,000kg (or part thereof) | £0.04 | £0.06 | |||
5 | Solanum tuberosum L. (ware potatoes), other than from Poland, Portugal, Romania and Spain | Per lot – up to 25,000 kg in weight | £26.00 | £39.00 | £0.18 |
For each additional 25,000kg in weight (or part thereof) | £26.00 | £39.00 | |||
6 | Grain | Per lot – up to 25,000 kg in weight | £13.00 | £19.00 | £0.18 |
For each additional 1,000kg in weight (or part thereof) | £0.03 up to a maximum of £20.00 | £0.04 up to a maximum of £27 | |||
Other plants or plant products not specified elsewhere in this table, the table in Schedule 1A, or the table in Schedule 2, other than forest trees, soil and growing medium | |||||
7 | All genera | Per consignment | £13.00 | £19.00 | £0.18 |
* Fees are rounded up to the nearest pound, with the exception of the additional quantity values which are rounded up to the nearest penny.”. |
(7) For schedule 2A (import inspection fees for documentary checks and identity checks) substitute—
Regulations 3 and 4(6)
Check | Quantity | Fee |
---|---|---|
Documentary check | Per consignment | £6.00 |
Identity check | Per consignment | £6.00 |
Check | Quantity | Fee |
---|---|---|
Documentary check | Per consignment | £6.00 |
Check | Quantity | Fee |
---|---|---|
Documentary check | Per consignment | £6.00” |
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