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

These Regulations extend to Scotland only.

In these Regulations—

• F17...

• “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;

• F3“documentary check” has the same meaning as in Article 13a(1)(b)(i) of the Directive,

• F4“the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC;

• F3“Europe” includes Albania, Andorra, Armenia, Azerbaijan, Belarus, Bosnia and Herzegovina, Canary Islands, Faeroe Islands, Georgia, Iceland, Liechtenstein, Moldova, Monaco, Montenegro, North Macedonia, Norway, Russia (only the following parts: Central Federal District (Tsentralny federalny okrug), Northwestern Federal District (Severo-Zapadny federalny okrug), Southern Federal District (Yuzhny federalny okrug), North Caucasian Federal District (Severo-Kavkazsky federalny okrug) and Volga Federal District (Privolzhsky federalny okrug)), San Marino, Serbia, Turkey and Ukraine,

• F3“European Union” means the territories of the Member States including the Isle of Man and the Channel Islands but excluding Canary Islands, Ceuta, Melilla, Guadeloupe, French Guiana, Martinique, Réunion, Saint-Barthélemy and Saint-Martin

• F3“identity check” has the same meaning as in Article 13a(1)(b)(ii) of the Directive,

• F5...

• “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—

  1. a

     a Saturday;

  2. b

     a Sunday;

  3. c

     Easter Monday;

  4. d

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

  5. e

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

  6. f

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

• F7“Official Controls Regulation” means Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC, insofar as it applies to rules referred to Article 1(2)(g) of that Regulation;

• “plants” has the same meaning as in F16Article 2 (definitions), point (1) of the EU Plant Health Regulation;

• “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 F2Article 2 (definitions), point (2), first sub-paragraph of the EU Plant Health Regulation; and

• F1“third country” means any country or territory other than—

  1. a

     one within the European Union,

  2. b

     Switzerland.

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.

An importer of a consignment to which this regulation applies must pay to the Scottish Ministers the fees specified in regulation 4.

The fee specified for a documentary check or an identity check carried out is the fee specified for that check in the third column of schedule 2A.

Where paragraph (2) F10... 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.

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 M6, those potatoes are infected with Ralstonia solanacearum (Smith) Yabuuchi et al..

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.