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—

F1 ...

“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 ;

[F2 “documentary check” has the same meaning as in Article 13a(1)(b)(i) of the  Directive,]

[F3 “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;]

[F2 “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,]

[F2 “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]

[F2 “identity check” has the same meaning as in Article 13a(1)(b)(ii) of the Directive,]

F4 ...

“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 ;

[F5 “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 [F6 Article 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 [F7 Article 2 (definitions), point (2), first sub-paragraph of the EU Plant Health Regulation]; and

[F8 “third country” means any country or territory other than—

(a)

one within the European Union,

(b)

Switzerland.]

(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.

Textual Amendments

F1 Words in reg. 2(1) omitted (22.2.2020) by virtue of The Plant Health (Import Inspection Fees) (Scotland) Amendment (No. 2) Regulations 2019 (S.S.I. 2019/425), regs. 1(1), 2(2)(a)

F2 Words in reg. 2(1) inserted (22.2.2020) by The Plant Health (Import Inspection Fees) (Scotland) Amendment (No. 2) Regulations 2019 (S.S.I. 2019/425), regs. 1(1), 2(2)(b)

F3 Words in reg. 2(1) inserted (14.12.2019) by The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), sch. 5 para. 8(2)(a)

F4 Words in reg. 2(1) omitted (14.12.2019) by virtue of The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), sch. 5 para. 8(2)(b)

F5 Words in reg. 2(1) inserted (14.12.2019) by The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), sch. 5 para. 8(2)(c)

F6 Words in reg. 2(1) substituted (14.12.2019) by The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), sch. 5 para. 8(2)(d)

F7 Words in reg. 2(1) substituted (14.12.2019) by The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), sch. 5 para. 8(2)(e)

F8 Words in reg. 2(1) substituted (22.2.2020) by The Plant Health (Import Inspection Fees) (Scotland) Amendment (No. 2) Regulations 2019 (S.S.I. 2019/425), regs. 1(1), 2(2)(c)

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.— [F9 (1) An importer of a consignment to which this regulation applies must pay to the Scottish Ministers the fees 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 [F10 in Part A of Annex 11 or in Annex 12 to Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants, and repealing Commission Regulation (EC) No 690/2008 and amending Commission Implementing Regulation (EU) 2018/2019, as amended from time to time;] or

(ii) seeds of Solanaceae M4 ; and

[F11 (b) is subject to—

(i) official controls at a border control post in Scotland pursuant to Article 47(1) of the Official Controls Regulation; or

(ii) any agreement made under the provisions of any delegated act that establishes the cases where, and the conditions under which, identity checks and physical checks of transhipped consignments and of animals arriving by air or sea and staying on the same means of transport for onward travel may be performed at a border control post other than the one of first arrival into the Union, adopted by the Commission under Article 51(1) (specific rules for official controls at border inspection posts) of 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.]

Textual Amendments

F9 Reg. 3(1) substituted (22.2.2020) by The Plant Health (Import Inspection Fees) (Scotland) Amendment (No. 2) Regulations 2019 (S.S.I. 2019/425), regs. 1(1), 2(3)

F10 Words in reg. 3(2)(a)(i) substituted (14.12.2019) by The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), sch. 5 para. 8(3)(a)

F11 Reg. 3(2)(b) substituted (14.12.2019) by The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), sch. 5 para. 8(3)(b)

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).

Fees S

4.—(1) Except where paragraph (2) applies, the fee specified for [F12 a plant health check] 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 [F13 plants, plant products or other objects] 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 [F14 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 M5 ), 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 [F13 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 sixth column of Schedule 2 and corresponding to the relevant [F13 plants, plant products or other objects] as described in the second column of that Schedule.

[F15 (3) 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.]

Textual Amendments

F12 Words in reg. 4(1) substituted (22.2.2020) by The Plant Health (Import Inspection Fees) (Scotland) Amendment (No. 2) Regulations 2019 (S.S.I. 2019/425), regs. 1(1), 2(4)(a)

F13 Words in reg. 4(2) substituted (22.2.2020) by The Plant Health (Import Inspection Fees) (Scotland) Amendment (No. 2) Regulations 2019 (S.S.I. 2019/425), regs. 1(1), 2(4)(b)(i)

F14 Words in reg. 4(2) substituted (22.2.2020) by The Plant Health (Import Inspection Fees) (Scotland) Amendment (No. 2) Regulations 2019 (S.S.I. 2019/425), regs. 1(1), 2(4)(b)(ii)

F15 Reg. 4(3) inserted (22.2.2020) by The Plant Health (Import Inspection Fees) (Scotland) Amendment (No. 2) Regulations 2019 (S.S.I. 2019/425), regs. 1(1), 2(4)(c)

Marginal Citations

M5 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) F16 ... 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 M6 , those potatoes are infected with Ralstonia solanacearum (Smith) Yabuuchi et al..

F17 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16 Words in reg. 5(1) omitted (14.12.2019) by virtue of The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), sch. 5 para. 8(4)(a)

F17 Reg. 5(3) omitted (14.12.2019) by virtue of The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), sch. 5 para. 8(4)(b)

Marginal Citations

M6 OJ L 319, 2.12.2011, p.112.

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 M7 ;

(b) the Plant Health (Import Inspection Fees) (Scotland) Regulations 2005 M8 ;

(c) the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2007 M9 ;

(d) the Plant Health (Import Inspection Fees) (Scotland) Amendment (No. 2) Regulations 2007 M10 ;

(e) the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2009 M11 ;

(f) the Plant Health (Import Inspection Fees) (Scotland) Amendment (No. 2) Regulations 2009 M12 ;

(g) the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2010 M13 ; and

(h) the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2011 M14 .

(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

M7 S.S.I. 2004/111.

M8 S.S.I. 2005/216.

M9 S.S.I 2007/138 .

M10 S.S.I. 2007/499.

M11 S.S.I. 2009/8.

M12 S.S.I. 2009/305.

M13 S.S.I 2010/405.

M14 S.S.I. 2011/311.

RICHARD LOCHHEAD

A member of the Scottish Government

St Andrew's House,

Edinburgh