xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

Citation, commencement and extentS

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.

InterpretationS

2.—(1) In these Regulations—

F1...

F2...

F3...

F4...

F5...

F6...

[F7“European Union” means the territories of the Member States F8... excluding Canary Islands, Ceuta, Melilla, Guadeloupe, French Guiana, Martinique, Réunion, Saint-Barthélemy and  Saint-Martin]

F9...

F10...

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

[F11“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;

[F12“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;]

[F13“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.]

F14...

F15...

F16...

F6...

[F17(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.

[F18(3) Unless the context otherwise requires, words and expressions which are not defined in these Regulations and which appear in the F19... Plant Health Regulation or the Official Controls Regulation have the same meaning in these Regulations as in the F19... Plant Health Regulation or, as the case may be, in the Official Controls Regulation.]]

Textual Amendments

Marginal Citations

M22000 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 feeS

3.—[F20(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 [F21in Part A of Annex 11 or in Annex 12 to [F22the Phytosanitary Conditions Regulation], as amended from time to time;] or

(ii)seeds of Solanaceae M3; and

[F23(b)is—

(i)landed in Scotland from a third country, F24... 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.]

Textual Amendments

Marginal Citations

M3Seeds 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).

F25FeesS

[F264.—(1) [F27Subject to paragraph (8), the fee specified for a physical check for a consignment, or such part of a consignment, consisting of plants, plant products or other objects—]

(a)during normal working hours, is the fee specified in the [F28fifth] 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 [F29sixth] column of schedule 1 and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule.

F30(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F30(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F30(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F30(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F31(6) Subject to paragraph (8), the fee specified for a documentary check for a consignment or such part of a consignment, consisting of any plants, plant products or other objects is the fee specified for that check in the third column of table 3 in schedule 2A.

(7) Subject to paragraph (8), the fee specified for an identity check for a consignment or such part of a consignment, consisting of any plants, plant products or other objects is the fee specified for that check in the seventh column of the table in schedule 1.

(8) No fee is payable under paragraphs (1), (6) or (7) in respect of any consignment originating in an EU Member state, Liechtenstein or Switzerland, where it would be payable in respect of any plants or plant products specified in schedule 2 that are contained in that consignment.]]

Textual Amendments

F26Reg. 4 substituted (1.4.2021 except for the insertion of reg. 4(5)(6)(d), 1.7.2021 in so far as not already in force) by The Plant Health (EU Exit) (Scotland) (Amendment) Regulations 2021 (S.S.I. 2021/159), regs. 1(1)(2), 2(3)

Additional fees in respect of Potatoes Originating in Egypt F32...S

5.—(1) Where paragraph (2) F33... 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 [F34point 26 of Annex 7 of the Phytosanitary Conditions Regulation], those potatoes are infected with Ralstonia solanacearum (Smith) Yabuuchi et al..

F35(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

RevocationsS

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

F36(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 F37... 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.

Textual Amendments

Marginal Citations

M5S.S.I 2007/138 .

M9S.S.I 2010/405.

RICHARD LOCHHEAD

A member of the Scottish Government

St Andrew's House,

Edinburgh