EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Plant Health Fees (Scotland) Regulations 2008 (“the 2008 Regulations”). The 2008 Regulations set out fees for inspections for plant passporting purposes, licensing services and potato quarantine testing.

These Regulations amend the 2008 Regulations by prescribing fees for official soil tests for Potato Cyst Nematode (regulation 2). The sampling and testing requirements for official soil tests for Potato Cyst Nematode are set out in paragraphs 1 to 6 of Schedule 15 to the Plant Health (Scotland) Order 2005 (S.S.I. 2005/613) (“the 2005 Order”), as relevantly amended by the Plant Health (Scotland) Amendment Order 2010 (S.S.I. 2010/206). The new official soil testing requirements in the 2005 Order implement Commission Directive 2007/33/EC of 11th June 2007 on the control of potato cyst nematodes and repealing Directive 69/465/EEC (O.J. L 156, 16.6.2007, p.12).

These Regulations prescribe that the fee of £13.81 shall be paid to the Scottish Ministers for each 400 ml soil sample submitted for testing.

A Regulatory Impact Assessment has been prepared for this instrument. Copies are available from Science and Advice for Scottish Agriculture (SASA), Roddinglaw Road, Edinburgh, EH12 9FJ and at www.scotland.gov.uk/potatocystnematode.