Citation, commencement and extent1
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.
Interpretation2
1
In these Regulations—
F6...
F16...
F17...
F18...
F25...
F7“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,
F7“European Union” means the territories of the Member States F27... excluding Canary Islands, Ceuta, Melilla, Guadeloupe, French Guiana, Martinique, Réunion, Saint-Barthélemy and Saint-Martin
F19...
F1...
“landed in Scotland” means introduced into Scotland by any means, including by post;
F20“lot” means a number of units of a single commodity, identifiable by its homogeneity of composition and origin and forming part of a consignment,
“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 M1;
- a
F2“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;
F26“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.
F21...
F22...
F23...
F8“third country” means any country or territory other than—
- a
one within the European Union,
- b
Switzerland.
- c
F24Liechtenstein.
- a
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 M2, which has been recorded and is consequently capable of being reproduced.
F153
Unless the context otherwise requires, words and expressions which are not defined in these Regulations and which appear in the F28... Plant Health Regulation or the Official Controls Regulation have the same meaning in these Regulations as in the F28... Plant Health Regulation or, as the case may be, in the Official Controls Regulation.
Application of the import inspection fee3
F91
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—
F29b
is—
i
landed in Scotland from a third country, the European Union, Liechtenstein or Switzerland, or
ii
subject to any agreement made under the provisions of any legislation 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 under Article 51(1) (specific rules for official controls at border inspection posts) of the Official Controls Regulation.
FeesF304
1
Subject to paragraphs (2), (3), (4)(a) and (5)(a), the fee specified for a physical check—
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
Paragraph (1) does not apply to a consignment, or such part of a consignment, consisting of plants, plant products or other objects as described in the second column of that schedule originating in the European Union, Liechtenstein or Switzerland.
3
In the case of a consignment, or such part of a consignment, consisting of any plants, plant products or other objects listed in the second column of schedule 1A and originating from the European Union, Liechtenstein or Switzerland, the fee specified for a physical check—
a
during normal working hours, is the fee specified in the fourth column of schedule 1A 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 1A and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule.
4
In the case of a consignment, or such part of a consignment, consisting of any 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—
a
the fee specified for a physical check—
i
during normal working hours, is the fee specified in the fifth column of schedule 2 and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule, or
ii
outside normal working hours, is the fee specified in the sixth column of schedule 2 and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule,
b
the fee specified for an identity check carried out is the fee specified in the seventh column of schedule 2 and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule.
5
In the case of a consignment, or such part of a consignment, consisting of any plants, plant products or other objects listed in the second column of schedule 2ZA and originating in the European Union, Liechtenstein or Switzerland—
a
the fee specified for a physical check—
i
during normal working hours, is the fee specified in the fourth column of schedule 2ZA and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule, or
ii
outside normal working hours, is the fee specified in the fifth column of schedule 2ZA and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule,
b
the fee specified for an identity check carried out is the fee specified in the sixth column of schedule 2ZA and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule.
6
The fee specified for—
a
a documentary check or an identity check for a consignment or such part of a consignment, consisting of any plants, plant products or other objects for which the fee for a physical check is specified in paragraph (1) and schedule 1 is the fee specified in the third column of table 1 in schedule 2A,
b
a documentary check or an identity check for a consignment or such part of a consignment, consisting of any plants, plant products or other objects for which the fee for a physical check is specified in paragraph (3) and schedule 1A is the fee specified in the third column of table 1 in schedule 2A,
c
a documentary check for a consignment or such part of a consignment, consisting of any plants, plant products or other objects for which the fee for a physical check is specified in paragraph (4)(a) and schedule 2 is the fee specified in the third column of table 2 in schedule 2A,
d
a documentary check for a consignment or such part of a consignment, consisting of any plants, plant products or other objects for which the fee for a physical check is specified in paragraph (5)(a) and schedule 2ZA is the fee specified in the third column of table 3 in schedule 2A.
Additional fees in respect of Potatoes Originating in Egypt F13...5
1
Where paragraph (2) F4... 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 F14point 26 of Annex 7 of the Phytosanitary Conditions Regulation, those potatoes are infected with Ralstonia solanacearum (Smith) Yabuuchi et al..
F53
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Revocations6
1
Subject to paragraph (2), the following regulations are revoked:—
F10a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
the Plant Health (Import Inspection Fees) (Scotland) Regulations 2005 M4;
c
the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2007 M5;
d
the Plant Health (Import Inspection Fees) (Scotland) Amendment (No. 2) Regulations 2007 M6;
e
the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2009 M7;
f
the Plant Health (Import Inspection Fees) (Scotland) Amendment (No. 2) Regulations 2009 M8;
g
the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2010 M9; and
h
the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2011 M10.
2
Despite paragraph (1), an importer must pay to the Scottish Ministers any fee which is payable under F11... 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.