The Plant Health (Import Inspection Fees) (Scotland) Regulations 2005

Scottish Statutory Instruments

2005 No. 216

PLANT HEALTH

The Plant Health (Import Inspection Fees) (Scotland) Regulations 2005

Made

14th April 2005

Laid before the Scottish Parliament

14th April 2005

Coming into force

6th May 2005

The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(1) and section 56(1) and (2) of the Finance Act 1973(2), hereby make the following Regulations:

Title, commencement and extent S

1.—(1) These Regulations may be cited as the Plant Health (Import Inspection Fees) (Scotland) Regulations 2005 and shall come into force on 6th May 2005.

(2) These Regulations extend to Scotland only.

Commencement Information

I1 Reg. 1 in force at 6.5.2005, see reg. 1(1)

Interpretation S

2.—(1) In these Regulations–

“consignment” has the same meaning as in Article 2(1)(p) of the Directive;

“the Directive” means Council Directive 2000/29/EC(3) 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(4);

“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;

“normal working hours” means any time between the hours of 6 a.m. to 5 p.m. on any day except a Saturday, Sunday, Easter Monday, 26th December if it is not a Saturday or Sunday, 27th December in a year in which 25th or 26th December is a Sunday or a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971(5);

“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 2000(6), which has been recorded and is consequently capable of being reproduced.

Commencement Information

I2 Reg. 2 in force at 6.5.2005, see reg. 1(1)

Consignments to which Regulations apply S

3.  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 Scotland from a third country in respect of which Article 13d(1) of the Directive requires Member States to collect phytosanitary fees to cover the costs occasioned by documentary checks, identity checks and plant health checks.

Commencement Information

I3 Reg. 3 in force at 6.5.2005, see reg. 1(1)

Fees S

4.—(1) An importer of a consignment to which these Regulations apply must pay to the Scottish Ministers 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 normal 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 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 normal working hours; or

(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 that specified for that check in the third column of Schedule 3.

Commencement Information

I4 Reg. 4 in force at 6.5.2005, see reg. 1(1)

Mixed consignments S

5.  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.

Commencement Information

I5 Reg. 5 in force at 6.5.2005, see reg. 1(1)

Notification of consignments S

6.  An importer of a consignment to which these Regulations apply must submit to the Scottish Ministers such information relating to the consignment, in writing and in such form as the Scottish Ministers may reasonably require, and such information must be submitted at least 48 hours before the consignment is landed in Scotland.

Commencement Information

I6 Reg. 6 in force at 6.5.2005, see reg. 1(1)

ROSS FINNIE

A member of the Scottish Executive

Pentland House, Edinburgh

14th April 2005

Regulations 3, 4(2) and 5

SCHEDULE 1 S IMPORT INSPECTION FEES FOR PLANT HEALTH CHECKS

Commencement Information

I7 Sch. 1 in force at 6.5.2005, see reg. 1(1)

Column 1	Column 2	Column 3	Column 4
Plant, plant product or other object	Quantity	Fee (normal working hours)	Fee (outside normal working hours)
Cuttings, seedlings (except forestry reproductive material), young plants of strawberries or of vegetables	Per consignment – up to 10,000 in number – for each additional 1,000 units – maximum price	£13.24 £0.52 £105.92	£19.86 £0.78 £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 for each additional 100 units maximum price	£13.24 £0.33 £105.92	£19.86 £0.49 £158.88
Bulbs, corms, rhizomes, tubers, intended for planting (other than tubers of potatoes)	Per consignment up to 200 kg of weight for each additional 10 kg maximum price	£13.24 £0.12 £105.92	£19.86 £0.18 £158.88
Seeds, tissue cultures	Per consignment up to 100 kg of weight for each additional 10 kg maximum price	£5.67 £0.13 £105.92	£8.50 £0.19 £158.88
Other plants intended for planting, not specified elsewhere in this Schedule	Per consignment up to 5,000 in number for each additional 100 units maximum price £13.24 £0.13 £105.92	£19.86 £0.19 £158.88
Cut flowers	Per consignment up to 20,000 in number for each additional 1,000 units maximum price	£13.24 £0.10 £105.92	£19.86 £0.15 £158.88
Branches with foliage, parts of conifers (other than cut Christmas trees)	Per consignment up to 100 kg of weight for each additional 100 kg maximum price	£13.24 £1.32 £105.92	£19.86 £1.98 £158.88
Cut Christmas trees	Per consignment up to 1,000 in number for each additional 100 units maximum price	£13.24 £1.32 £105.92	£19.86 £1.98 £158.88
Leaves of plants, such as herbs, spices and leafy vegetables	Per consignment up to 100 kg of weight for each additional 10 kg maximum price	£13.24 £1.32 £105.92	£19.86 £1.98 £158.88
Fruits, vegetables (other than leafy vegetables)	Per consignment up to 25,000 kg of weight for each additional 1,000 kg	£13.24 £0.52	£19.86 £0.78
Tubers of potatoes	Per lot up to 25,000 kg of weight for each additional 25,000 kg	£39.72 £39.72	£59.58 £59.58
Soil and growing medium, bark	Per consignment up to 25,000 kg of weight for each additional 1,000 kg maximum price	£13.24 £0.52 £105.92	£19.86 £0.78 £158.88
Grain	Per consignment up to 25,000 kg of weight for each additional 1,000 kg maximum price	£13.24 £0.52 £529.60	£19.86 £0.78 £794.40
Other plants or plant products not specified elsewhere in this Schedule, except forest trees	Per consignment	£13.24	£19.86

Regulation 4(3)

SCHEDULE 2 S REDUCED IMPORT INSPECTION FEES FOR PLANT HEALTH CHECKS

Commencement Information

I8 Sch. 2 in force at 6.5.2005, see reg. 1(1)

Column 1	Column 2	Column 3	Column 4	Column 5
Genus	Quantity	Country of origin	Fee (normal working hours)	Fee (outside normal working hours)
Where the total amount of any fee comprises an amount of less than £0.01, that amount shall be excluded.
Cut flowers
Aster	Per consignment up to 20,000 in number for each additional 1,000 units maximum price	Zimbabwe Zimbabwe Zimbabwe	£3.31 £0.02 £26.48	£4.96 £0.03 £39.72
Dianthus	Per consignment – up to 20,000 in number – for each additional 1,000 units – maximum price	Colombia Ecuador Turkey Morocco Colombia Ecuador Turkey Morocco Colombia Ecuador Turkey Morocco	£0.40 £1.98 £3.31 £3.31 £0.003 £0.01 £0.02 £0.02 £3.17 £15.88 £26.48 £26.48	£0.60 £2.97 £4.96 £4.96 £0.004 £0.015 £0.03 £0.03 £4.75 £23.82 £39.72 £39.72
Rosa	Per consignment – up to 20,000 in number – for each additional 1,000 units – maximum price	Ecuador Kenya Uganda Zimbabwe Colombia Ecuador Kenya Uganda Zimbabwe Colombia Ecuador Kenya Uganda Zimbabwe Colombia	£0.66 £0.66 £0.66 £0.66 £1.32 £0.005 £0.005 £0.005 £0.005 £0.01 £5.29 £5.29 £5.29 £5.29 £10.59	£0.99 £0.99 £0.99 £0.99 £1.98 £0.007 £0.007 £0.007 £0.007 £0.015 £7.94 £7.94 £7.94 £7.94 £15.89
Fruit
Malus	Per consignment – up to 25,000 kg of weight – for each additional 1,000 kg	Chile South Africa Argentina New Zealand Brazil China Chile South Africa Argentina New Zealand Brazil China	£1.32 £1.32 £1.98 £1.98 £3.31 £0.05 £6.62 £0.05 £0.07 £0.07 £0.13 £0.26	£1.98 £1.98 £2.97 £2.97 £4.96 £9.93 £0.07 £0.07 £0.10 £0.10 £0.19 £0.39
Mangifera	Per consignment – up to 25,000 kg of weight – for each additional 1,000 kg	Brazil South Africa Brazil South Africa	£1.32 £6.62 £0.05 £0.26	£1.98 £9.93 £0.07 £0.39
Prunus	Per consignment – up to 25,000 kg of weight – for each additional 1,000 kg	Chile South Africa Turkey Argentina Chile South Africa Turkey Argentina	£1.32 £1.32 £1.32 £1.98 £0.05 £0.05 £0.05 £0.07	£1.98 £1.98 £1.98 £2.97 £0.07 £0.07 £0.07 £0.10
Pyrus	Per consignment – up to 25,000 kg of weight – for each additional 1,000 kg	South Africa Argentina Chile China South Africa Argentina Chile China	£1.32 £1.98 £3.31 £6.62 £0.07 £0.13 £0.26	£1.98 £2.97 £4.96 £9.93 £0.07 £0.10 £0.19 £0.39
Citrus	Per consignment – up to 25,000 kg of weight – for each additional 1,000 kg	Morocco Turkey USA Israel Mexico Uruguay Morocco Turkey USA Israel Mexico Uruguay	£0.66 £0.92 £1.32 £1.98 £1.98 £1.98 £0.02 £0.03 £0.05 £0.07 £0.07 £0.07	£0.99 £1.38 £1.98 £2.97 £2.97 £2.97 £0.03 £0.04 £0.07 £0.10 £0.10 £0.10

Regulation 4(4)

SCHEDULE 3 S IMPORT INSPECTION FEES FOR DOCUMENTARY CHECKS AND IDENTITY CHECKS

Commencement Information

I9 Sch. 3 in force at 6.5.2005, see reg. 1(1)

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 bigger than the above size	£5.29 £10.58

Explanatory Note

(This note is not part of the Regulations)

These Regulations which extend to Scotland only, come into force on 6th May 2005. They implement Article 13d of Council Directive 2000/29/EC, as last amended by Commission Directive 2005/15/EC (“the Directive”) which requires Member States to ensure the collection of fees to cover the costs occasioned by the documentary checks, identity checks and plant health checks of certain imports of plants, plant products and other objects from third countries provided for in Article 13a(1) of the Directive.

Except where reduced import inspection fees apply, an importer is required to pay the fee specified in Schedule 1 for plant health checks carried out in respect of each consignment of plants and plant products landed in Scotland from a third country (regulation 4(1) and (2) and Schedule 1).

Schedule 2 specifies reduced import inspection fees which apply, whether or not an inspection is in fact carried out, in respect of plant health checks of certain cut flowers and fruits originating in the countries specified in that Schedule (regulation 4(3)). An importer is required to pay the fee specified in Schedule 3 for documentary checks and identity checks (regulation 4(4)).

Different types of plants, plant products or other objects contained within the same consignment shall be treated as separate consignments and subject to separate fees (regulation 5).

An importer must provide certain information concerning the consignment at least 48 hours before it is landed in Scotland (regulation 6).

No Regulatory Impact Assessment has been prepared in respect of these Regulations.

(1)

1972 c. 68. Section 2(2) was amended by the Scotland Act 1998 (c. 46), Schedule 8, paragraph 15(3). The functions conferred upon the Minister of the Crown under section 2(2) of the European Communities Act 1972, in so far as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.

(2)

1973 c. 51. The reference to a Government department in section 56(1) is to be read as a reference to the Scottish Administration by virtue of article 2(2) of the Scotland Act (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820) and the functions of the Minister transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998. The requirement to obtain the consent of the Treasury was removed by section 55 of the Scotland Act 1998.

(3)

O.J. No. L 169, 10.7.00, p.1.

(4)

O.J. No. L 56, 2.3.2005, p.12.

(5)

1971 c. 80.

(6)

2000 c. 7.