2010 No. 405

Plant Health

The Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2010

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 56(1) and (2) of the Finance Act 19731 and all other powers enabling them to do so.

Citation and commencement1

These Regulations may be cited as the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2010 and come into force on 1st January 2011.

Amendment of the Plant Health (Import Inspection Fees) (Scotland) Regulations 20052

For Schedule 2 (Import Inspection Fees (Reduced Rates)) to the Plant Health (Import Inspection Fees) (Scotland) Regulations 20052 substitute—

SCHEDULE 2IMPORT INSPECTION FEES (REDUCED RATES)

Regulation 4(3)

Column 1

Column 2

Column 3

Column 4

Column 5

Genus

Quantity

Country of origin

Fee

Fee (outside normal working hours)

Cut flowers

Dianthus

Per consignment

— up to 20,000 in number

Colombia, Kenya

£0.66

£0.99

Ecuador

£1.98

£2.97

Turkey

£3.31

£4.96

— for each additional 1,000 units or part thereof

Colombia, Kenya

£0.005

£0.007

Ecuador

£0.01

£0.02

Turkey

£0.02

£0.03

— maximum price

Colombia, Kenya

£5.29

£7.94

Ecuador

£15.88

£23.83

Turkey

£26.48

£39.72

Rosa

Per consignment

— up to 20,000 in number

Colombia, Ecuador

£0.39

£0.59

Ethiopia, Kenya

£0.66

£0.99

Tanzania

£1.32

£1.98

Uganda, Zambia

£3.31

£4.96

— for each additional 1,000 units or part thereof

Colombia, Ecuador

£0.003

£0.004

Ethiopia, Kenya

£0.005

£0.007

Tanzania

£0.01

£0.02

Uganda, Zambia

£0.02

£0.03

— maximum price

Colombia, Ecuador

£3.17

£4.76

Ethiopia, Kenya

£5.29

£7.94

Tanzania

£10.59

£15.88

Uganda, Zambia

£26.48

£39.72

Fruit

Citrus

Per consignment

— up to 25,000 kg in weight

Turkey

£0.39

£0.59

Morocco

£0.66

£0.99

Egypt, Israel, Uruguay, USA

£1.98

£2.97

Mexico

£3.31

£4.96

Peru

£4.63

£6.95

Honduras

£9.93

£14.89

— for each additional 1,000 kg or part thereof

Turkey

£0.01

£0.02

Morocco

£0.02

£0.03

Egypt, Israel, Uruguay, USA

£0.07

£0.11

Mexico

£0.13

£0.19

Peru

£0.18

£0.27

Honduras

£0.39

£0.58

Malus

Per consignment

— up to 25,000 kg in weight

Chile

£0.92

£1.39

Argentina, New Zealand, South Africa

£1.32

£1.98

Brazil

£1.98

£2.97

China, USA

£3.31

£4.96

— for each additional 1,000 kg or part thereof

Chile

£0.03

£0.05

Argentina, New Zealand, South Africa

£0.05

£0.07

Brazil

£0.07

£0.11

China, USA

£0.13

£0.19

Mangifera

Per consignment

— up to 25,000 kg in weight

Brazil

£6.62

£9.93

— for each additional 1,000 kg or part thereof

Brazil

£0.26

£0.39

Passiflora

Per consignment

— up to 25,000 kg in weight

Colombia, Kenya

£1.32

£1.98

Zimbabwe

£4.63

£6.95

South Africa

£6.62

£9.93

— for each additional 1,000 kg or part thereof

Colombia, Kenya

£1.32

£1.98

Zimbabwe

£0.18

£0.27

South Africa

£0.26

£0.39

Prunus

Per consignment

— up to 25,000 kg in weight

Chile, South Africa, Turkey

£1.32

£1.98

USA

£3.31

£4.96

Argentina

£4.63

£6.95

— for each additional 1,000 kg or part thereof

Chile, South Africa, Turkey

£0.05

£0.07

USA

£0.13

£0.19

Argentina

£0.18

£0.27

Pyrus

Per consignment

— up to 25,000 kg in weight

South Africa

£1.32

£1.98

Argentina

£1.98

£2.97

Chile, China

£4.63

£6.95

— for each additional 1,000 kg or part thereof

South Africa

£0.05

£0.07

Argentina

£0.07

£0.11

Chile, China

£0.18

£0.27

Vegetables

Solanum melongena

Per consignment

— up to 25,000 kg in weight

Turkey

£1.32

£1.98

— for each additional 1,000 kg or part thereof

Turkey

£0.05

£0.07

The total fee for additional units or weight is to be rounded down to the nearest whole penny, or if that fee is less than £0.01 it is to be disregarded.

RICHARD LOCHHEADA member of the Scottish ExecutiveSt Andrew’s House,Edinburgh
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Plant Health (Import Inspection Fees) (Scotland) Regulations 2005 (“the principal Regulations”). The principal Regulations implement Article 13d of Council Directive 2000/29/EC (O.J. L 169, 10.7.2000, p.1) (“the Council Directive”) which requires Member States to charge fees to cover 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.

The Council Directive contains a procedure (Articles 13a(2), 13d(2) and 18(2)) for setting reduced rates of inspection for imports of certain plants and plant products and for charging fees at a proportionately reduced rate.

Schedule 1 to the principal Regulations sets out the standard fees for plant health checks. Schedule 2 to the principal Regulations sets out the fees for reduced rate inspections.

These Regulations substitute Schedule 2 to the principal Regulations in light of the Notification of Reduced Plant Health Checks for Certain Products of 25th June 2010, published by the Commission under Article 2(2) of Commission Regulation (EC) 1756/2004 (O.J. L 313, 12.10.2004, p.6) (“the Commission Regulation”). The Commission Regulation makes provision for the publication of a list of products for which plant health checks may be carried out at a reduced frequency, and specifies the level of the reduced frequency.

The changes to the fees made by these Regulations, which are set at a direct proportion of the standard fee (described in Schedule 1 to the principal Regulations) corresponding to the rate of inspection, are based on the agreed inspection rates set out in the table below:

Genus

Country of origin

Standard fee in Schedule 1 of the principal Regulations

Current rate of inspection

Current reduced rate of fee(1)

New rate of inspection

New reduced rate of fee

Cut Flowers

£13.24

Dianthus

Colombia

3%

£0.39

5%

£0.66

Dianthus

Israel

50%

£6.62

100%(2)

-

Dianthus

Kenya

25%

£3.31

5%

£0.66

Rosa

Colombia

5%

£0.66

3%

£0.39

Rosa

Ethiopia

10%

£1.32

5%

£0.66

Rosa

Kenya

10%

£1.32

5%

£0.66

Rosa

Tanzania

15%

£1.98

10%

£1.32

Rosa

Uganda

100%

-

25%

£3.31

Rosa

Zambia

50%

£6.62

25%

£3.31

Fruit

£13.24

Citrus

Egypt

25%

£3.31

15%

£1.98

Citrus

Honduras

50%

£6.62

75%

£9.93

Mangifera

Brazil

10%

£1.32

50%

£6.62

Psidium

Brazil

75%

£9.93

100%(2)

-

Prunus

USA

50%

£6.62

25%

£3.31

Pyrus

South Africa

15%

£1.98

10%

£1.32

(1)

Current fee per consignment for cut flowers (up to 20,000 in number) and fruit and vegetables (up to 25,000 kg in weight). Corresponding fees are set in the Regulations for additional quantities, maximum price per consignment and non-daytime working hours.

(2)

Consignments subject to an inspection rate of 100% are, by definition, excluded from the reduced rate inspection scheme and are subject to the import inspection fees specified in Schedule 1 to the principal Regulations.

No Business and Regulatory Impact Assessment has been prepared for this instrument as it has no impact on the cost of business.