Draft Regulations laid before the Scottish Parliament under paragraph 1(6) of schedule 7 of the European Union (Withdrawal) Act 2018 for approval by resolution of the Scottish Parliament.
2022 No.
The Plant Health (Fees) (Miscellaneous Amendment) (Scotland) Regulations 2022
Made
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by paragraph 7 of schedule 4 and paragraph 21 of schedule 7 of the European Union (Withdrawal) Act 20181 and all other powers enabling them to do so.
In accordance with paragraph 1(6) of schedule 7 of that Act2, a draft of this instrument has been laid before and approved by the resolution of the Scottish Parliament.
In accordance with regulation 85(3) of Regulation 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 products3, the Scottish Ministers, as the competent authority4, have consulted relevant stakeholders on changes to the general methods used to calculate fees.
Citation, commencement and extent1
1
These Regulations may be cited as the Plant Health (Fees) (Miscellaneous Amendment) (Scotland) Regulations 2022 and come into force on 22 July 2022.
2
These Regulations extend to Scotland only.
The Plant Health (Import Inspection Fees) (Scotland) Regulations 20142
1
The Plant Health (Import Inspection Fees) (Scotland) Regulations 20145 are amended as follows.
2
In regulation 2 (interpretation) omit the definitions of “Europe” and “third country”.
3
In regulation 3(2)(b)(i) (application of the import inspection fee) omit “the European Union, Liechtenstein or Switzerland,”.
4
In regulation 4—
a
insert the heading “Fees”
,
b
in paragraph (1)—
i
for “Subject to” to “physical check” substitute—
Subject to paragraph (8), the fee specified for a physical check for a consignment, or such part of a consignment, consisting of plants, plant products or other objects—
ii
in sub-paragraph (a) for “fourth” substitute “fifth”
,
iii
in sub-paragraph (b) for “fifth” substitute “sixth”
,
c
omit paragraphs (2) to (5),
d
for paragraph (6) substitute—
6
Subject to paragraph (8), the fee specified for a documentary check for a consignment or such part of a consignment, consisting of any plants, plant products or other objects is the fee specified for that check in the third column of table 3 in schedule 2A.
7
Subject to paragraph (8), the fee specified for an identity check for a consignment or such part of a consignment, consisting of any plants, plant products or other objects is the fee specified for that check in the seventh column of the table in schedule 1.
8
No fee is payable under paragraphs (1), (6) or (7) in respect of any consignment originating in an EU Member state, Liechtenstein or Switzerland, where it would be payable in respect of any plants or plant products specified in schedule 2 that are contained in that consignment.
5
For schedule 1 (import inspection fees for physical checks) substitute—
SCHEDULE 1IMPORT INSPECTION FEES FOR PHYSICAL AND IDENTITY CHECKS
Item
Product, plant or other object
Quantity
Country of Origin
Fees
Physical check
Identity check
Normal working hours
Outside normal working hours
Plants for planting
1
Cuttings, seedlings (except forestry reproductive material), young plants of strawberries or of vegetables
All genera
Up to 10,000 in number
Any third country
£30.00
£54.00
£6.00
for each additional 1,000 units (or part thereof)
£0.80 up to a maximum of £168
£1.50 up to a maximum of £318
2
Shrubs, trees (other than cut Christmas trees), other woody nursery plants including forest reproductive material (other than seed)
All genera
Up to 1,000 in number
Any third country
£30.00
£54.00
£6.00
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
Dormant bulbs, corms, rhizomes, tubers, onion, garlic, shallots, leeks and other alliaceous vegetables (other than tubers of potatoes), not intended for final consumers** or to produce plants for commercial flower production
All genera
Per consignment – up to 200kg in weight
Any third country
£30.00
£54.00
£6.00
for each additional 10kg (or part thereof)
£0.20 up to a maximum of £168
£0.40 up to a maximum of £318
4
Dormant bulbs, corms, rhizomes, tubers, onion, shallots, garlic, leeks and other alliaceous vegetables not in substrate intended for planting (other than tubers of potatoes) and intended for final consumers** or commercial flower production only
All genera
Per consignment – up to 200kg in weight
Any third country
£13.80
£21.60
£0.60
for each additional 10kg (or part thereof)
£0.02 up to a maximum of £26.40
£0.04 up to a maximum of £46.80
5
Non-woody plants (other than seed) for sale to final consumers**. Excludes shrubs, trees, other woody nursery plants, forest reproductive material
All genera
Per consignment – up to 1,000 in number
Any third country
£17.40
£28.80
£1.80
for each additional 100 units (or part thereof)
£0.06 up to a maximum of £55.20
£0.12 up to a maximum of £104.40
6
*Indoor plants (including plants for use in aquaria) for final consumers**
All genera
Per consignment - up to 1,000 in number
Any third country
£12.90
£19.80
£0.30
for each additional 100 units (or part thereof)
£0.01 up to a maximum of £19.20
£0.02 up to a maximum of £32.40
7
Plants intended for planting (other than cut Christmas trees) not specified or included elsewhere in this table
All genera
Per consignment -up to 5,000 in number
Any third country
£30.00
£54.00
£6.00
for each additional 100 units (or part thereof)
£0.20 up to maximum of £168
£0.40 up to maximum of £318
Seeds
8
For trials or testing
All genera
Per consignment – up to 100kg in weight
Any third country
£13.80
£21.60
£0.60
for each additional 10kg (or part thereof)
£0.05 up to maximum of £26.40
£0.09 up to maximum of £46.80
9
Brassicaceae spp., Poaceae spp. and Trifolium spp.
Per consignment -up to 100kg in weight
Any third country other than Argentina, Australia, Bolivia, Brazil, Chile, New Zealand or Uruguay
£12.90
£19.80
£0.30
for each additional 10kg (or part thereof)
£0.02 up to maximum of £19.20
£0.04 up to maximum of £32.40
Per consignment -up to 100kg in weight
Argentina, Australia, Bolivia, Brazil, Chile, New Zealand or Uruguay
£30.00
£54.00
£6.00
for each additional 10kg (or part thereof)
£0.50 up to maximum of £168
£0.90 up to maximum of £318
10
Capsicum spp., Solanum lycopersicum L., Solanum tuberosum (“true potato seed”)
Per consignment -up to 100kg in weight
Any third country
£30.00
£54.00
£6.00
for each additional 10kg (or part thereof)
£0.50 up to maximum of £168
£0.90 up to maximum of £318
11
Triticum L., Secale L. and X Triticosecale
Per consignment -up to 100kg in weight
Any third country other than Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa or the USA
£12.90
£19.80
£0.30
for each additional 10kg (or part thereof)
£0.02 up to a maximum of £19.20
£0.04 up to a maximum of £32.40
Per consignment -up to 100kg in weight
Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa or the USA
£30.00
£54.00
£6.00
for each additional 10kg (or part thereof)
£0.50 up to maximum of £168
£0.90 up to maximum of £318
12
Other seeds not specified or included elsewhere in this table
All genera
Per consignment – up to 100kg in weight
Any third country
£12.90
£19.80
£0.30
for each additional 10kg (or part thereof)
£0.02 up to a maximum of £19.20
£0.04 up to a maximum of £32.40
Grain (other than seed for sowing)
13
Secale L., Triticum L. and
x Triticosecale Wittm. ex A. Camus
Per consignment - up to 25,000kg in weight
Any third country other than Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa or the USA
£12.90
£19.80
£0.30
for each additional 1,000kg (or part thereof)
£0.04 up to a maximum of £19.20
£0.07 up to a maximum of £32.40
Per consignment - up to 25,000kg in weight
Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa or the USA
£30.00
£54.00
£6.00
for each additional 1,000kg (or part thereof)
£0.80 up to a maximum of £168
£1.50 up to a maximum of £318
14
Other grain not specified or included elsewhere in this table
All genera
Per consignment - up to 25,000kg in weight
Any third country
£12.90
£19.80
£0.30
for each additional 1,000kg (or part thereof)
£0.04 up to a maximum of £19.20
£0.07 up to a maximum of £32.40
Cut Flowers
15
Chrysanthemum L. and Dendranthema (DC.) Des Moul.
Per consignment -up to 20,000 in number
Any third country other than an EU Member State, Colombia, Ecuador, Liechtenstein or Switzerland
£12.90
£19.80
£0.30
Colombia or Ecuador
£21.00
£36.00
£3.00
Any EU Member State, Liechtenstein or Switzerland
£12.54
£19.08
£0.18
for each additional 1,000 units
Any third country other than an EU Member State, Colombia, Ecuador, Liechtenstein or Switzerland
£0.01 up to a maximum of £19.20
£0.01 up to a maximum of £32.40
Colombia or Ecuador
£0.10 up to a maximum of £84.00
£0.15 up to a maximum of £162.00
Any EU Member State, Liechtenstein or Switzerland
£0.01 up to a maximum of £16.32
£0.01 up to a maximum of £26.64
16
Eryngium Tournier ex Linnaeus or Solidago L.
Per consignment -up to 20,000 in number
Any third country other than an EU Member State, Liechtenstein or Switzerland
£13.80
£21.60
£0.60
Any EU Member State, Liechtenstein or Switzerland
£12.54
£19.08
£0.18
for each additional 1,000 units
Any third country other than an EU Member State, Liechtenstein or Switzerland
£0.02 up to a maximum of £26.40
£0.03 up to a maximum of £46.80
Any EU Member State, Liechtenstein or Switzerland
£0.01 up to a maximum of £16.32
£0.01 up to a maximum of £26.64
17
Lisianthus L.
Per consignment -up to 20,000 in number
Any third country
£13.80
£21.60
£0.60
for each additional 1,000 units
Any third country
£0.02 up to a maximum of £26.40
£0.30 up to a maximum of £46.80
18
Rosa L.
Per consignment - up to 20,000 in number
Any third country other than an EU Member State, Canada, Colombia, Ecuador, India, Liechtenstein, Mexico, Switzerland or the USA
£12.90
£19.80
£0.30
Canada, India, Mexico, or the USA
£21.00
£36.00
£3.00
Any EU Member State, Colombia, Ecuador, Liechtenstein or Switzerland
£12.54
£19.08
£0.18
for each additional 1,000 units
Any third country other than an EU Member State, Canada, Colombia, Ecuador, India Liechtenstein, Mexico Switzerland or the USA
£0.01 up to a maximum of £19.20
£0.01 up to a maximum of £32.40
Canada, India, Mexico, or the USA
£0.10 up to a maximum of £84.00
£0.15 up to a maximum of £162.00
Any EU Member State, Colombia, Ecuador, Liechtenstein or Switzerland
£0.01 up to a maximum of £16.32
£0.01 up to a maximum of £26.64
19
Other cut flowers not specified or included elsewhere in this table
All genera
Per consignment -up to 20,000 in number
Any third country other than an EU Member State, Liechtenstein, or Switzerland
£12.90
£19.80
£0.30
Any EU Member State, Liechtenstein or Switzerland
£12.54
£19.08
£0.18
for each additional 1,000 units
Any third country other than an EU Member State, Liechtenstein or Switzerland
£0.01 up to a maximum of £19.20
£0.01 up to a maximum of £32.40
Any EU Member State, Liechtenstein or Switzerland
£0.01 up to a maximum of £16.32
£0.01 up to a maximum of £26.64
Fruit and vegetables (not leafy vegetables)
20
Momordica L. and Solanaceae Juss. (excluding Solanum tuberosum L.)
Per consignment -up to 100kg in weight
Any third country other than an EU Member State, Liechtenstein or Switzerland
£21.00
£36.00
£3.00
Any EU Member State, Liechtenstein or Switzerland
£12.54
£19.08
£0.18
for each additional 1,000kg (or part thereof)
Any third country other than an EU Member State, Liechtenstein or Switzerland
£0.04
£0.07
Any EU Member State, Liechtenstein or Switzerland
£0.02
£0.04
21
Solanum melongena L.
Per consignment -up to 100kg in weight
Any third country other than an EU Member State, Liechtenstein, Switzerland or Turkey
£12.90
£19.80
£0.30
Turkey
£17.40
£28.80
£1.80
Any EU Member State, Liechtenstein or Switzerland
£12.54
£19.08
£0.18
for each additional 1,000kg (or part thereof)
Any third country other than an EU Member State, Liechtenstein, Switzerland or Turkey
£0.04
£0.07
Turkey
£0.24
£0.45
Any EU Member State, Liechtenstein or Switzerland
£0.02
£0.04
22
Other fruit and vegetables (other than leafy vegetables) not specified or included elsewhere in this table
Per consignment - up to 25,000kg in weight
Any third country other than an EU Member State, Liechtenstein or Switzerland
£12.90
£19.80
£0.30
Any EU Member State, Liechtenstein or Switzerland
£12.54
£19.08
£0.18
for each additional 1,000kg (or part thereof)
Any third country other than an EU Member State, Liechtenstein or Switzerland
£0.04
£0.07
Any EU Member State, Liechtenstein or Switzerland
£0.02
£0.04
Leaves of plants and leafy vegetables
23
Ocimum L.
Per consignment -up to 100 kg in weight
Any third country other than an EU Member State, Liechtenstein or Switzerland
£21.00
£36.00
£3.00
Any EU Member State, Liechtenstein or Switzerland
£12.54
£19.08
£0.18
for each additional 10kg (or part thereof)
Any third country other than an EU Member State, Liechtenstein or Switzerland
£0.90 up to maximum of £84.00
£0.75 up to maximum of £162.00
Any EU Member State, Liechtenstein or Switzerland
£0.05 up to a maximum of £16.32
£0.11 up to a maximum of £26.64
24
Leaves of plants, such as herbs, spices and leafy vegetables not specified or included elsewhere in this table
Per consignment -up to 100kg in weight
Any third country other than an EU Member State, Liechtenstein or Switzerland
£12.90
£19.80
£0.30
Any EU Member State, Liechtenstein or Switzerland
£12.54
£19.08
£0.18
for each additional 10kg (or part thereof)
Any third country other than an EU Member State, Liechtenstein or Switzerland
£0.09 up to a maximum of £19.20
£0.18 up to a maximum of £32.40
Any EU Member State, Liechtenstein or Switzerland
£0.05 up to a maximum of £16.32
£0.11 up to a maximum of £26.64
Branches with foliage, parts of Conifers (other than bark)
25
All genera
Per consignment -up to 200kg in weight
Any third country other than an EU Member State, Liechtenstein or Switzerland
£12.90
£19.80
£0.30
Any EU Member State, Liechtenstein or Switzerland
£12.54
£19.08
£0.18
for each additional 100kg (or part thereof )
Any third country other than an EU Member State, Liechtenstein or Switzerland
£0.09 up to a maximum of £19.20
£0.18 up to a maximum of £32.40
Any EU Member State, Liechtenstein or Switzerland
£0.05 up to a maximum of £16.32
£0.11 up to a maximum of £26.64
Tubers of potatoes
26
Solanum tuberosum L. (seed potatoes)
Per lot - up to 25,000kg in weight
Any third country
£64.00
£96.00
£6.00
for each additional 25,000kg in weight or part thereof
£52.00
£78.00
27
Tubers of Solanum tuberosum L. (ware potatoes)
Per lot - up to 25,000kg in weight
Any third country other than Egypt, Poland, Portugal, Romania or Spain
£13.56
£20.34
£0.18
Egypt, Poland, Portugal or Romania
£38.00
£54.00
£3.00
Spain
£64.00
£96.00
£6.00
for each additional 25,000kg in weight or part thereof
Any third country other than Egypt, Poland, Portugal, Romania or Spain
£1.56
£2.34
Egypt, Poland, Portugal or Romania
£26.00
£39.00
Spain
£52.00
£78.00
Cut Christmas trees
28
Cut Christmas trees (less than
3m height)
All genera
Per consignment -up to 1,000 in number
Any third country other than an EU Member State, Liechtenstein or Switzerland
£12.90
£19.80
£0.30
for each additional 100 units (or part thereof)
£0.09 up to a maximum of £19.20
£0.18 up to a maximum of £32.40
Per consignment -up to 1,000 in number
Any EU Member State, Liechtenstein or Switzerland
£12.54
£19.08
£0.30
for each additional 100 units (or part thereof)
£0.05 up to a maximum of £16.32
£0.11 up to a maximum of £26.64
Other objects
29
Machinery or vehicles which have been operated for agricultural or forestry purposes
Per consignment
Any third country
£12.90
£19.80
£0.30
* “Indoor Plants” means clearly packed and ready for supply to final consumers, identifiable as being for indoor use or use in aquaria.
** “Final consumers” means by evidence from the packaging, labelling or by other means, for direct sales to final consumers.
Note: Growing media and soil from third countries will be inspected at the frequency rate of the plants, plant products or other objects that it is attached to.
6
Omit schedule 1A (import inspection fees for physical checks on consignments originating in the European Union, Liechtenstein or Switzerland).
7
For schedule 2 (reduced import inspection fees and physical and identity checks) substitute—
SCHEDULE 2LIST OF PLANTS AND PLANT PRODUCTS ORIGINATING IN AN EU MEMBER STATE, LIECHTENSTEIN OR SWITZERLAND NOT SUBJECT TO FEES FOR DOCUMENTARY, IDENTITY AND PHYSICAL CHECKS
1
Branches with foliage, parts of Conifers other than bark or cut Christmas trees.
2
Cut Christmas trees.
3
Cut flowers.
4
Fruit.
5
Grain, other than seeds for sowing.
6
Leaves of plants, such as herbs, spices and leafy vegetables.
7
Seeds other than—
a
seeds of—
i
Allim cepa L.,
ii
Allium porrum L.,
iii
Castanea Mill.,
iv
Capsicum spp. L.,
v
Helianthus annuus L.,
vi
Medicago sativa L.,
vii
Phaseolus cocineus.,
viii
Phaseolus vulgaris L.,
ix
Solanum lycopersicum L.,
x
Solanum tuberosum L., (true potato seed).
b
Vegetable seeds of Pisumsativum L. and Vicia faba L.
c
Seeds of oil and fibre plants of—
i
Brassica napus L.,
ii
Brassica rapa L.,
iii
Sinapis alba L.,
iv
Glycine max (L.) Merrill,
v
Linum usitatissimum L.
8
Tissue cultures.
9
Tubers of potatoes (except from Poland, Portugal, Romania and Spain).
8
Omit schedule 2ZA (reduced import inspection fees for other consignments originating in the European Union, Liechtenstein or Switzerland).
9
In schedule 2A (import inspection fees for documentary checks and identity checks)—
a
in the heading, for “fees for documentary checks and identity checks” substitute “fee for documentary checks”
,
b
omit tables 1 and 2.
The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 20153
In the Plant Health (Fees) (Forestry) (England and Scotland) Regulations 20156 in regulation 3(5BB) (fees) for “2022” substitute “2023”
.
(This note is not part of the Regulations)