2005 No. 216
The Plant Health (Import Inspection Fees) (Scotland) Regulations 2005
Made
Laid before the Scottish Parliament
Coming into force
Title, commencement and extentI11
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.
InterpretationI22
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/EC3 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/EC4;
“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 19715;
“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 20006, which has been recorded and is consequently capable of being reproduced.
Consignments to which Regulations applyI33
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.
FeesI44
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.
Mixed consignmentsI55
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 consignmentsI66
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.
I7SCHEDULE 1IMPORT INSPECTION FEES FOR PLANT HEALTH CHECKS
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
| £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
| £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
| £13.24 £0.12 £105.92 | £19.86 £0.18 £158.88 |
Seeds, tissue cultures | Per consignment
| £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
£13.24 £0.13 £105.92 | £19.86 £0.19 £158.88 | |
Cut flowers | Per consignment
| £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
| £13.24 £1.32 £105.92 | £19.86 £1.98 £158.88 |
Cut Christmas trees | Per consignment
| £13.24 £1.32 £105.92 | £19.86 £1.98 £158.88 |
Leaves of plants, such as herbs, spices and leafy vegetables | Per consignment
| £13.24 £1.32 £105.92 | £19.86 £1.98 £158.88 |
Fruits, vegetables (other than leafy vegetables) | Per consignment
| £13.24 £0.52 | £19.86 £0.78 |
Tubers of potatoes | Per lot
| £39.72 £39.72 | £59.58 £59.58 |
Soil and growing medium, bark | Per consignment
| £13.24 £0.52 £105.92 | £19.86 £0.78 £158.88 |
Grain | Per consignment
| £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 |
I8SCHEDULE 2REDUCED IMPORT INSPECTION FEES FOR PLANT HEALTH CHECKS
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) |
Cut flowers | ||||
Aster | Per consignment
| 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 |
Where the total amount of any fee comprises an amount of less than £0.01, that amount shall be excluded. | ||||
I9SCHEDULE 3IMPORT INSPECTION FEES FOR DOCUMENTARY CHECKS AND IDENTITY CHECKS
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
| £5.29 £10.58 |
(This note is not part of the Regulations)
Sch. 1 in force at 6.5.2005, see reg. 1(1)