The Plant Health (Import Inspection Fees) (Scotland) Regulations 2014

Citation, commencement and extent S

1.—(1) These Regulations may be cited as the Plant Health (Import Inspection Fees) (Scotland) Regulations 2014 and come into force on 15th January 2015.

(2) These Regulations extend to Scotland only.

Interpretation S

2.—(1) In these Regulations—

“applicable checks” means the documentary check, identity check and plant health check which may be performed on a consignment, as described in Article 13a(1)(b) of the Directive;

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

“the Directive” means Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community M1 ;

“intended for planting” has, in relation to plants, the same meaning as in Article 2(1)(d) of the Directive;

“landed in Scotland” means introduced into Scotland by any means, including by post;

“normal working hours” means any time between the hours of 6 a.m. to 5 p.m. on any day except—

(a)

a Saturday;

(b)

a Sunday;

(c)

Easter Monday;

(d)

26th December, if it is not a Saturday or Sunday;

(e)

27th December, in a year in which 25th or 26th December is a Sunday; or

(f)

a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971 M2 ;

“plants” 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 products” 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 Union.

(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 section 15(1) of the Electronic Communications Act 2000 M3 , which has been recorded and is consequently capable of being reproduced.

Marginal Citations

M1 OJ L 169, 10.7.2000, p.1, as last amended by Regulation (EU) No 652/2014 (OJ L 189, 27.6.2014, p.1).

M2 1971 c.80.

M3 2000 c.7. Section 15(1) was amended by the Communications Act 2003 (c.21) section 406 and Schedule 17, paragraph 158.

Application of the import inspection fee S

3.—(1) In respect of applicable checks which are carried out on a consignment, or on such part of a consignment, to which this regulation applies, an importer must pay to the Scottish Ministers the fee specified in regulation 4.

(2) This regulation applies to a consignment, or to such part of a consignment, which—

(a) consists of—

(i) plants, plant products and other objects of a description specified in the second column of Schedule 1 and that are listed in Annex V, Part B of the Directive, as amended from time to time; or

(ii) seeds of Solanaceae M4 ; and

(b) is landed in Scotland from a third country or is the subject of an agreement made under article 12(6) of the Plant Health (Scotland) Order 2005 M5 .

Marginal Citations

M4 Seeds of Solanaceae are not currently included in Annex V Part B of the Directive however they are included in Annex IV Part A (items 25.6 and 48), which means that plant health, documentary and identity checks (as described in Article 13a of the Directive) are required for the purposes of Article 13(1).

M5 S.S.I. 2005/613, as last amended by S.S.I. 2014/140.

Fees S

4.—(1) Except where paragraph (2) applies, the fee specified for applicable checks carried out—

(a) during normal working hours, is the fee specified in the fourth column of Schedule 1 and corresponding to the relevant plants, plant products or other objects as described in the second column of that Schedule; or

(b) outside normal working hours, is the fee specified in the fifth column of Schedule 1 and corresponding to the relevant plants, plant products or other objects as described in the second column of that Schedule.

(2) In the case of a consignment, or such part of a consignment, consisting of any plants or plant products listed in the second column of Schedule 2 and originating from a country listed in the fourth column of that Schedule, the fee specified for applicable checks carried out, or which, but for Article 13a(2) of the Directive (providing for checks to be carried out at reduced frequency M6 ), would have been required to be carried out—

(a) during normal working hours, is the fee specified in the fifth column of Schedule 2 and corresponding to the relevant plants or plant products as described in the second column of that Schedule; or

(b) outside normal working hours, is the fee specified in the sixth column of Schedule 2 and corresponding to the relevant plants or plant products as described in the second column of that Schedule.

Marginal Citations

M6 Article 2(3) of Commission Regulation (EC) 1756/2004 (OJ L 313, 12.10.2004, p.6) requires the Commission to publish a list of the products for which plant health checks may be carried out at a reduced frequency. The latest list is available on the following Website:

http://ec.europa.eu/food/plant/plant_health_biosafety/trade_non_eu/reduced_frequency_checks_en.htm

Additional fees in respect of Potatoes Originating in Egypt and Lebanon S

5.—(1) Where paragraph (2) or (3) applies, an importer must pay to the Scottish Ministers the fee specified in the fourth column of Schedule 3, in addition to any fee payable in accordance with regulations 3 and 4.

(2) This paragraph applies where potatoes originating in Egypt are landed in Scotland and a sample of those potatoes is taken in order to ascertain whether, for the purposes of point 5 of the Annex to Commission Implementing Decision 2011/787/EU authorising Member States temporarily to take emergency measures against the dissemination of Ralstonia solanacearum (Smith) Yabuuchi et al. as regards Egypt M7 , those potatoes are infected with Ralstonia solanacearum (Smith) Yabuuchi et al..

(3) This paragraph applies where potatoes originating in Lebanon are landed in Scotland and a sample of those potatoes is taken in order to ascertain whether for the purposes of Article 4 of Commission Implementing Decision 2013/413/EU authorising Member States to provide for derogations from certain provisions of Council Directive 2000/29/EC in respect of potatoes, other than potatoes intended for planting, originating in the regions of Akkar and Bekaa of Lebanon M8 , those potatoes are infected with Clavibacter michiganensis (Smith) Davis et al. ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al..

Marginal Citations

M7 OJ L 319, 2.12.2011, p.112.

M8 OJ L 205, 1.08.2013, p.13.

Revocations S

6.—(1) Subject to paragraph (2), the following regulations are revoked:—

(a) regulation 6 of the Potatoes Originating in Egypt (Scotland) Regulations 2004 M9 ;

(b) the Plant Health (Import Inspection Fees) (Scotland) Regulations 2005 M10 ;

(c) the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2007 M11 ;

(d) the Plant Health (Import Inspection Fees) (Scotland) Amendment (No. 2) Regulations 2007 M12 ;

(e) the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2009 M13 ;

(f) the Plant Health (Import Inspection Fees) (Scotland) Amendment (No. 2) Regulations 2009 M14 ;

(g) the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2010 M15 ; and

(h) the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2011 M16 .

(2) Despite paragraph (1), an importer must pay to the Scottish Ministers any fee which is payable under regulation 6 of the Potatoes Originating in Egypt (Scotland) Regulations 2004 or regulation 4 of the Plant Health (Import Inspection Fees) (Scotland) Regulations 2005 in respect of a consignment, or part of a consignment, which was landed in Scotland prior to the coming into force of these Regulations.

Marginal Citations

M9 S.S.I. 2004/111.

M10 S.S.I. 2005/216.

M11 S.S.I 2007/138 .

M12 S.S.I. 2007/499.

M13 S.S.I. 2009/8.

M14 S.S.I. 2009/305.

M15 S.S.I 2010/405.

M16 S.S.I. 2011/311.

RICHARD LOCHHEAD

A member of the Scottish Government

St Andrew's House,

Edinburgh

26th November 2014