2014 No. 338

Plant Health

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

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 56(1) and (2) of the Finance Act 1973 M1 and section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 M2 and all other powers enabling them to do so.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972, and it appears to the Scottish Ministers that it is expedient for references to Annex V, Part B of Council Directive 2000/29/ECM3, to be a reference to those provisions of that instrument as amended from time to time.

Annotations:
Marginal Citations
M1

1973 c.51. The reference to a Government department in section 56(1) is to be read as a reference to the Scottish Administration by virtue of article 2(2) of the Scotland Act (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820) and the functions of the Minister transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46). The requirement to obtain the consent of the Treasury was removed by section 55 of the Scotland Act 1998.

M2

1972 c.68 (“the 1972 Act”). Section 2(2) was amended by the Scotland Act 1998 (c.46), Schedule 8, paragraph 15(3) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by the European Union Amendment Act 2008 (c.7), Schedule, Part 1. The functions conferred upon the Minister of the Crown under section 2(2) of the 1972 Act, in so far as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998. The powers in section 2(2) are exercised in relation to regulation 6 of these Regulations. Paragraph 1A of Schedule 2 was inserted by section 28 of the 2006 Act and was amended by the 2008 Act, section 3(3) and Schedule, Part 1.

M3

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).

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—

  • F4...

  • F11...

  • F12...

  • F13...

  • F19...

  • F28...

  • F5“European Union” means the territories of the Member States F21... excluding Canary Islands, Ceuta, Melilla, Guadeloupe, French Guiana, Martinique, Réunion, Saint-Barthélemy and Saint-Martin

  • F14...

  • F2...

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

  • F15“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—

    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 M4;

  • F3“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;

  • F20“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.

  • F40“Relevant ports” means any of the following seaports—

    1. a

      Ayr;

    2. b

      Cairnryan;

    3. c

      Greenock.

  • F16...

  • F17...

  • F18...

  • F28...

F62

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 M5, which has been recorded and is consequently capable of being reproduced.

F103

Unless the context otherwise requires, words and expressions which are not defined in these Regulations and which appear in the F22... Plant Health Regulation or the Official Controls Regulation have the same meaning in these Regulations as in the F22... Plant Health Regulation or, as the case may be, in the Official Controls Regulation.

Application of the import inspection fee3

F71

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—

F41a

consists of plants, plant products and other objects of a description specified in the second column of Schedule 1 and that are listed in Part A of Annex 11 or in Annex 12 to the Phytosanitary Conditions Regulation, as amended from time to time;  and

F24b

is—

i

landed in Scotland from a third country, F29... 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.

F35FeesF254

1

F31Subject 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 F32fifth 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 F33sixth column of schedule 1 and corresponding to the relevant plants, plant products or other objects as described in the second column of that schedule.

F342

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

F343

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

F344

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

F345

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

F30F436

Subject to paragraph (8), the fee specified for a documentary check for a consignment or such part of a consignment consisting of plants, plant products or other objects is—

a

in the case of a consignment originating in an EU Member State, Liechtenstein or Switzerland and containing only plants or plant products falling within column 1 of table 3 of schedule 2A, the fee specified for that check in the second column of that table, or

b

in any other case, £6.00.

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.

F448

No fee is payable under paragraphs (1), (6) and (7) in respect of—

a

goods in a consignment originating in an EU Member State, Liechtenstein or Switzerland listed in the table in schedule 2A to the Plant Health (Amendment etc.) (EU Exit) Regulations 2020 imported before 30th October 2024; or

b

a consignment originating in an EU Member State, Liechtenstein or Switzerland consisting solely of plants, plant products and other objects referred to in the lists established pursuant to Article 72(1) of Regulation (EU) 2016/2031, imported into Scotland through a relevant port.

F429

Paragraph (8) does not apply where the consignment originated in Liechtenstein and includes any goods falling within the table in schedule 2A and also within schedule 1 to the Official Controls (Plant Health) (Frequency of Checks) Regulations 2022.

F45Additional fees in respect of Potatoes Originating in Egypt and Lebanon5

1

Where paragraph (2) 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 or Lebanon are landed in Scotland and a sample of those potatoes is taken in order to ascertain whether, for the purposes of point 26 of Annex 7 of the Phytosanitary Conditions Regulation, those potatoes are infected with Ralstonia solanacearum (Smith) Yabuuchi et al.

Revocations6

1

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

F8a

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

b

the Plant Health (Import Inspection Fees) (Scotland) Regulations 2005 M6;

c

the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2007 M7;

d

the Plant Health (Import Inspection Fees) (Scotland) Amendment (No. 2) Regulations 2007 M8;

e

the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2009 M9;

f

the Plant Health (Import Inspection Fees) (Scotland) Amendment (No. 2) Regulations 2009 M10;

g

the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2010 M11; and

h

the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2011 M12.

2

Despite paragraph (1), an importer must pay to the Scottish Ministers any fee which is payable under F9... 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.

RICHARD LOCHHEAD A member of the Scottish Government St Andrew's House, Edinburgh

F36SCHEDULE 1IMPORT INSPECTION FEES FOR PHYSICAL AND IDENTITY CHECKS

Regulations 3, 4(1) and 4(7)

Annotations:
Amendments (Textual)

Item

Product, plant or other object

Quantity

Country of Origin

Fees

Physical check

Identity check

Normal working hours

Outside normal working hours

Plants for planting

1

Cuttings, seedlings (except forestry reproductive material), young plants of strawberries or of vegetables

Up to 10,000 in number

Any third country

£30.00

£54.00

£6.00

All genera

for each additional 1,000 units (or part thereof)

£0.80 up to a maximum of £168

£1.50 up to a maximum of £318

2

Shrubs, trees (other than cut Christmas trees), other woody nursery plants including forest reproductive material (other than seed)

Up to 1,000 in number

Any third country

£30.00

£54.00

£6.00

All genera

for each additional 100 units (or part thereof)

£0.50 up to a maximum of £168

£1.00 up to a maximum of £318

3

Dormant bulbs, corms, rhizomes, tubers, onion, garlic, shallots, leeks and other alliaceous vegetables (other than tubers of potatoes), not intended for final consumers (1) or to produce plants for commercial flower production

Per consignment

- up to 200kg in weight

Any third country

£30.00

£54.00

£6.00

All genera

or each additional 10kg (or part thereof)

£0.20 up to a maximum of £168

£0.40 up to a maximum of £318

4

Dormant bulbs, corms, rhizomes, tubers, onion, shallots, garlic, leeks and other alliaceous vegetables not in substrate intended for planting (other than tubers of potatoes) and intended for final consumers (1) or commercial flower production only

Per consignment

- up to 200kg in weight

Any third country

£13.80

£21.60

£0.60

All genera

for each additional 10kg (or part thereof)

£0.02 up to a maximum of £26.40

£0.04 up to a maximum of £46.80

5

Non-woody plants (other than seed) for final consumers(1) Excludes other woody plants(4), shrubs and trees

Per consignment

- up to 1,000 in number

any third country

£17.40

£28.80

£1.80

All genera

For each additional 100 units (or part thereof)

£0.06 up to a maximum of £55.20

£0.12 up to a maximum of £104.40

6

Indoor plants(2) (including plants for use in aquaria) for final consumers(1)

Per consignment - up to 1,000 in number

Any third country

£12.90

£19.80

£0.30

All genera

for each additional 100 units (or part thereof)

£0.01 up to a maximum of £19.20

£0.02 up to a maximum of £32.40

7

Plants intended for planting (other than cut Christmas trees) not specified or included elsewhere in this table

Per consignment - up to 5,000 in number

Any third country

£30.00

£54.00

£6.00

All genera

for each additional 100 units (or part thereof)

£0.20 up to maximum of £168

£0.40 up to maximum of £318

Seeds

8

For trials or testing

Per consignment

- up to 100kg in weight

Any third country

£13.80

£21.60

£0.60

All genera

for each additional 10kg (or part thereof)

£0.05 up to maximum of £26.40

£0.09 up to maximum of £46.80

9

Brassicaceae spp., Poaceae spp. and Trifolium spp.

Per consignment - up to 100kg in weight

Argentina, Australia, Bolivia, Brazil, Chile, New Zealand or Uruguay

£30.00

£54.00

£6.00

for each additional 10kg (or part thereof)

£0.50 up to a maximum of £168

£0.90 up to a maximum of £318

10

Capsicum spp. L., Solanum lycopersicum L., Solanum tuberosum L. (“true potato seed”)

Per consignment - up to 100kg in weight

Any third country

£30.00

£54.00

£6.00

for each additional 10kg (or part thereof)

£0.50 up to maximum of £168

£0.90 up to maximum of £318

11

Triticum L., Secale L. and X Triticosecale

Per consignment - up to 100kg in weight

Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa or the USA

£30.00

£54.00

£6.00

for each additional 10kg (or part thereof)

£0.50 up to maximum of £168

£0.90 up to maximum of £318

12

Other seeds not specified or included elsewhere in this table

Per consignment up to 100kg in weight

Any third country

£12.90

£19.80

£0.30

All genera

for each additional 10kg (or part thereof)

£0.02 up to a maximum of £19.20

£0.04 up to a maximum of £32.40

Grain (other than seed for sowing)

13

Secale L., Triticum L. and

X Triticosecale Wittm. ex A. Camus

Per consignment - up to 25,000kg in weight

Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa or the USA

£30.00

£54.00

£6.00

for each additional 1,000kg (or part thereof)

£0.80 up to a maximum of £168

£1.50 up to a maximum of £318

Cut Flowers

14

Chrysanthemum L. and Dendranthema (DC.) Des Moul.

Per consignment - up to 20,000 in number

Any third country other than an EU Member State, Colombia, Ecuador, Liechtenstein or Switzerland

£12.90

£19.80

£0.30

Colombia or Ecuador

£21.00

£36.00

£3.00

Any EU Member State, Liechtenstein or Switzerland

£12.54

£19.08

£0.18

for each additional 1,000 units

Any third country other than an EU Member State, Colombia, Ecuador, Liechtenstein or Switzerland

£0.01 up to a maximum of £19.20

£0.01 up to a maximum of £32.40

Colombia or Ecuador

£0.10 up to a maximum of £84.00

£0.15 up to a maximum of £162.00

Any EU Member State, Liechtenstein or Switzerland

£0.01 up to a maximum of £16.32

£0.01 up to a maximum of £26.64

15

Eryngium Tournier ex Linnaeus.

Per consignment - up to 20,000 in number

Any third country other than an EU Member State, Liechtenstein or Switzerland

£13.80

£21.60

£0.60

for each additional 1,000 units

£0.02 up to a maximum of £26.40

£0.03 up to a maximum of £46.80

16

Lisianthus L.

Per consignment - up to 20,000 in number

Any third country other than an EU Member State, Europeam third country(3), Liechtenstein or Switzerland

£13.80

£21.60

£0.60

for each additional 1,000 units

£0.02 up to a maximum of £26.40

£0.30 up to a maximum of £46.80

17

Rosa L.

Per consignment - up to 20,000 in number

Any third country other than an EU Member State, Canada, Colombia, Ecuador, India, Liechtenstein, Mexico, Switzerland or the USA

£12.90

£19.80

£0.30

Canada, India, Mexico, or the USA

£21.00

£36.00

£3.00

Colombia or Ecuador

£12.54

£19.08

£0.18

for each additional 1,000 units

Any third country other than an EU Member State, Canada, Colombia, Ecuador, India Liechtenstein, Mexico Switzerland or the USA

£0.01 up to a maximum of £19.20

£0.01 up to a maximum of £32.40

Canada, India, Mexico, or the USA

£0.10 up to a maximum of £84.00

£0.15 up to a maximum of £162.00

Colombia or Ecuador

£0.01 up to a maximum of £16.32

£0.01 up to a maximum of £26.64

18

Solidago L.

Per consignment -up to 20,000 in number

Any third country other than an EU Member State, Liechtenstein or Switzerland

£13.80

£21.60

£0.60

Any EU Member State, Liechtenstein or Switzerland

£12.54

£19.08

£0.18

for each additional 1,000 units

Any third country other than an EU Member State, Liechtenstein or Switzerland

£0.02 up to a maximum of £26.40

£0.03 up to a maximum of £46.80

Any EU Member State, Liechtenstein or Switzerland

£0.01 up to a maximum of £16.32

£0.01 up to a maximum of £26.64

19

Other cut flowers not specified or included elsewhere in this table

Per consignment - up to 20,000 in number

Any third country other than an EU Member State, Liechtenstein, or Switzerland

£12.90

£19.80

£0.30

All genera

Any EU Member State, Liechtenstein or Switzerland

£12.54

£19.08

£0.18

for each additional 1,000 units

Any third country other than an EU Member State, Liechtenstein or Switzerland

£0.01 up to a maximum of £19.20

£0.01 up to a maximum of £32.40

Any EU Member State, Liechtenstein or Switzerland

£0.01 up to a maximum of £16.32

£0.01 up to a maximum of £26.64

Fruit and vegetables (not leafy vegetables)

20

Asparagus officinalis

Per consignment -up to 100kg in weight

Any third country other than an EU Member State, Liechtenstein or, Switzerland

£30.00

£54.00

£6.00

Any EU Member State, Liechtenstein or Switzerland

£12.54

£19.08

£0.18

for each additional 1,000kg (or part thereof)

Any third country other than an EU Member State, Liechtenstein or, Switzerland

£0.80

£1.50

Any EU Member State, Liechtenstein or Switzerland

£0.02

£0.04

21

Capsicum

Per consignment -up to 100kg in weight

Any third country other than an EU Member State, Liechtenstein or, Switzerland

£30.00

£54.00

£6.00

Any EU Member State, Liechtenstein or Switzerland

£12.54

£19.08

£0.18

for each additional 1,000kg (or part thereof)

Any third country other than an EU Member State, Liechtenstein or, Switzerland

£0.80

£1.50

Any EU Member State, Liechtenstein or Switzerland

£0.02

£0.04

22

Fragaria

Per consignment -up to 100kg in weight

Any third country other than an EU Member State, Liechtenstein or Switzerland

£12.90

£19.80

£0.30

Any EU Member State, Liechtenstein or Switzerland

£12.54

£19.08

£0.18

for each additional 1,000kg (or part thereof)

Any third country other than an EU Member State, Liechtenstein or Switzerland

£0.04

£0.07

Any EU Member State, Liechtenstein or Switzerland

£0.02

£0.04

23

Ipomoea batatas

Per consignment -up to 100kg in weight

Any third country other than Cameroon an EU Member State, Liechtenstein or Switzerland

£12.90

£19.80

£0.30

Cameroon

£30.00

£54.00

£6.00

Any EU Member State, Liechtenstein or Switzerland

£12.54

£19.08

£0.18

for each additional 1,000kg (or part thereof)

Any third country other than Cameroon an EU Member State, Liechtenstein or Switzerland

£0.04

£0.07

Cameroon

£0.80

£1.50

Any EU Member State, Liechtenstein, Switzerland

£0.02

£0.04

24

Malus

Per consignment -up to 100kg in weight

Any third country other than Argentina, Chile, an EU Member State, European third countries (3), Liechtenstein, New Zealand, South Africa, and Switzerland

£30.00

£54.00

£6.00

Argentina

£18.30

£30.60

£2.10

Chile

£12.90

£19.80

£0.30

European third countries(3) or South Africa

£14.70

£23.40

£0.90

New Zealand

£13.80

£21.60

£0.60

Any EU Member State, Liechtenstein or Switzerland

£12.54

£19.08

£0.18

for each additional 1,000kg (or part thereof)

Any third country other than Argentina, Chile, an EU Member State, European third countries(3),Liechtenstein, New Zealand, South Africa, and Switzerland

£0.80

£1.50

Argentina

£0.08

£0.15

Chile

£0.04

£0.07

European third countries(3) or South Africa

£0.12

£0.22

New Zealand

£0.40

£0.75

Any EU Member State, Liechtenstein or Switzerland

£0.02

£0.04

25

Momordica L. and Solanaceae Juss. (excluding Solanum tuberosum L.,

Solanum lycopersicum L., Solanum melongena L. and Capsicum spp. L.)

Per consignment - up to 100kg in weight

Any third country other than an EU Member State, Liechtenstein or Switzerland

£21.00

£36.00

£3.00

Any EU Member State, Liechtenstein or Switzerland

£12.54

£19.08

£0.18

for each additional 1,000kg (or part thereof)

Any third country other than an EU Member State, Liechtenstein or Switzerland

£0.40

£0.75

Any EU Member State, Liechtenstein or Switzerland

£0.02

£0.04

26

Persea Americana

Per consignment -up to 100kg in weight

Any third country other than an EU Member State, Liechtenstein or, Switzerland

£12.90

£19.80

£0.30

Any EU Member State, Liechtenstein or Switzerland

£12.54

£19.08

£0.18

for each additional 1,000kg (or part thereof

Any third country other than an EU Member State, Liechtenstein or Switzerland

£0.04

£0.07

Any EU Member State, Liechtenstein or Switzerland

£0.02

£0.04

27

Pyrus

Per consignment -up to 100kg in weight

Any third country other than Argentina, Chile, an EU Member State, Liechtenstein, South Africa or, Switzerland

£30.00

£54.00

£6.00

Argentina

£16.50

£27.00

£1.50

Chile

£14.70

£23.40

£0.90

South Africa

£13.80

£21.60

£0.60

Any EU Member State, Liechtenstein or Switzerland

£12.54

£19.08

£0.18

for each additional 1,000kg (or part thereof)

Any third country other than Argentina, Chile, an EU Member State, Liechtenstein, South Africa or, Switzerland

£0.80

£1.50

Argentina

£0.20

£0.37

Chile

£0.12

£0.22

South Africa

£0.08

£0.15

Any EU Member State, Liechtenstein or Switzerland

£0.02

£0.04

28

Rubus

Per consignment -up to 100kg in weight

Any third country other than an EU Member State, Liechtenstein or Switzerland

£12.90

£19.80

£0.30

Any EU Member State, Liechtenstein or Switzerland

£12.54

£19.08

£0.18

for each additional 1,000kg (or part thereof)

Any third country other than an EU Member State, Liechtenstein or Switzerland

£0.04

£0.07

Any EU Member State, Liechtenstein or Switzerland

£0.02

£0.04

29

Solanum melongena L.

Per consignment - up to 100kg in weight

Any third country other than an EU Member State, Liechtenstein, Switzerland or Turkey

£21.00

£36.00

£3.00

Turkey

£17.40

£28.80

£1.80

Any EU Member State, Liechtenstein or Switzerland

£12.54

£19.08

£0.18

for each additional 1,000kg (or part thereof)

Any third country other than an EU Member State, Liechtenstein, Switzerland or Turkey

£0.40

£0.75

Turkey

£0.24

£0.45

Any EU Member State, Liechtenstein or Switzerland

£0.02

£0.04

30

Solanum lycopersicum L.

Per consignment -up to 100kg in weight

Any third country other than Canary Islands, an EU Member State, Liechtenstein, Morocco and Switzerland

£21.00

£36.00

£6.00

Canary Islands

£16.50

£27.00

£1.50

Morocco

£12.90

£19.80

£0.30

Any EU Member State, Liechtenstein or Switzerland

£12.54

£19.08

£0.18

for each additional 1,000kg (or part thereof)

Any third country other than Canary Islands, an EU Member State, Liechtenstein, Morocco and Switzerland

£0.40

£0.75

Canary Islands

£0.20

£0.37

Morocco

£0.04

£0.07

Any EU Member State, Liechtenstein or Switzerland

£0.02

£0.04

31

Vaccinium

Per consignment -up to 100kg in weight

Any third country other than Argentina, Chile, an EU Member State, European third countries(3), Liechtenstein, Peru or Switzerland

£30.00

£54.00

£6.00

Argentina

£16.50

£27.00

£1.50

Chile or Peru

£13.80

£21.60

£0.60

European third countries(3)

£21.00

£36.00

£3.00

Any EU Member State, Liechtenstein or Switzerland

£12.54

£19.08

£0.18

for each additional 1,000kg (or part thereof)

Any third country other than Argentina, Chile, an EU Member State, European third countries(3),Liechtenstein, Peru or Switzerland

£0.80

£1.50

Argentina

£0.20

£0.37

Chile or Peru

£0.08

£0.15

European third countries(3)

£0.40

£0.75

Any EU Member State, Liechtenstein or Switzerland

£0.02

£0.04

32

Vitis

Per consignment -up to 100kg in weight

Any third country other than an EU Member State, Liechtenstein or Switzerland

£12.90

£19.80

£0.30

Any EU Member State, Liechtenstein or Switzerland

£12.54

£19.08

£0.18

for each additional 1,000kg (or part thereof)

Any third country other than an EU Member State, Liechtenstein or Switzerland

£0.04

£0.07

Any EU Member State, Liechtenstein or Switzerland

£0.02

£0.04

33

Zea Mays

Per consignment -up to 100kg in weight

Any third country other than an EU Member State, Liechtenstein or Switzerland

£30.00

£54.00

£6.00

Any EU Member State, Liechtenstein or Switzerland

£12.54

£19.08

£0.18

for each additional 1,000kg (or part thereof)

Any third country other than an EU Member State, Liechtenstein orSwitzerland

£0.80

£1.50

Any EU Member State, Liechtenstein or Switzerland

£0.02

£0.04

34

Zingiber Officinale

Per consignment -up to 100kg in weight

Any third country other than Cameroon, an EU Member State, Liechtenstein or Switzerland

£12.90

£19.80

£0.30

Cameroon

£30.00

£54.00

£6.00

Any EU Member State, Liechtenstein or Switzerland

£12.54

£19.08

£0.18

for each additional 1,000kg (or

part thereof)

Any third country other than Cameroon, an EU Member State, Liechtenstein or Switzerland

£0.04

£0.07

Cameroon

£0.80

£1.50

Any EU Member State, Liechtenstein or Switzerland

£0.02

£0.04

35

Other fruit and vegetables (other than leafy vegetables) not specified or included elsewhere in this table

Per consignment - up to 25,000kg in weight

Any third country other than an EU Member State, Liechtenstein or Switzerland

£12.90

£19.80

£0.30

Any EU Member State, Liechtenstein or Switzerland

£12.54

£19.08

£0.18

for each additional 1,000kg (or part thereof)

Any third country other than an EU Member State, Liechtenstein or Switzerland

£0.04

£0.07

Any EU Member State, Liechtenstein or Switzerland

£0.02

£0.04

Leaves of plants and leafy vegetables

36

Ocimum L.

Per consignment - up to 100 kg in weight

Any third country other than an EU Member State, Liechtenstein or Switzerland

£21.00

£36.00

£3.00

Any EU Member State, Liechtenstein or Switzerland

£12.54

£19.08

£0.18

for each additional 10kg (or part thereof)

Any third country other than an EU Member State, Liechtenstein or Switzerland

£0.90 up to maximum of £84.00

£0.75 up to maximum of £162.00

Any EU Member State, Liechtenstein or Switzerland

£0.05 up to a maximum of £16.32

£0.11 up to a maximum of £26.64

37

Leaves of plants, such as herbs, spices and leafy vegetables not specified or included elsewhere in this table

Per consignment - up to 100kg in weight

Any third country other than an EU Member State, Liechtenstein or Switzerland

£12.90

£19.80

£0.30

Any EU Member State, Liechtenstein or Switzerland

£12.54

£19.08

£0.18

for each additional 10kg (or part thereof)

Any third country other than an EU Member State, Liechtenstein or Switzerland

£0.09 up to a maximum of £19.20

£0.18 up to a maximum of £32.40

Any EU Member

£0.05 up to a

£0.11 up to a

State, Liechtenstein or Switzerland

maximum of £16.32

maximum of £26.64

Branches with foliage, parts of Conifers (other than bark)

38

All genera

Per consignment - up to 200kg in weight

Any third country other than an EU Member State, Liechtenstein or Switzerland

£12.90

£19.80

£0.30

Any EU Member State, Liechtenstein or Switzerland

£12.54

£19.08

£0.18

for each additional 100kg (or part thereof)

Any third country other than an EU Member State, Liechtenstein or Switzerland

£0.09 up to a maximum of £19.20

£0.18 up to a maximum of £32.40

Any EU Member State, Liechtenstein or Switzerland

£0.05 up to a maximum of £16.32

£0.11 up to a maximum of £26.64

Tubers of potatoes

39

Solanum tuberosum L. (seed potatoes)

Per lot - up to 25,000kg in weight

Any third country

£64.00

£96.00

£6.00

for each additional 25,000kg in weight (or part thereof)

£52.00

£78.00

40

Tubers of Solanumtuberosum L. (ware potatoes)

Per lot - up to 25,000kg in weight

Any third country other than Egypt, Poland, Portugal, Romania or Spain

£13.56

£20.34

£0.18

Egypt, Poland, Portugal or Romania

£38.00

£54.00

£3.00

Spain

£64.00

£96.00

£6.00

for each additional 25,000kg in weight or part thereof

Any third country other than Egypt, Poland, Portugal, Romania or Spain

£1.56

£2.34

Egypt, Poland, Portugal or Romania

£26.00

£39.00

Spain

£52.00

£78.00

Cut Christmas trees

41

Cut Christmas trees (less than 3m height)

All genera

Per consignment - up to 1,000 in number

Any third country other than an EU Member State, Liechtenstein or Switzerland

£12.90

£19.80

£0.30

for each additional 100 units (or part thereof)

£0.09 up to a maximum of £19.20

£0.18 up to a maximum of £32.40

Per consignment - up to 1,000 in number

Any EU Member State, Liechtenstein or Switzerland

£12.54

£19.08

£0.18

for each additional 100 units (or part thereof)

£0.05 up to a maximum of £16.32

£0.11 up to a maximum of £26.64

Other objects

42

Machinery or vehicles which have been operated for agricultural or forestry purposes

Per consignment

Any third country

£12.90

£19.80

£0.30

(1)

“Final consumers” means by evidence from the packaging, labelling or by other means, for direct sales to final consumers.

(2)

“Indoor Plants” means clearly packed and ready for supply to final consumers, identifiable as being for indoor use or use in aquaria.

(3)

“European Third countries” 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.

(4)

“woody plants” means plants which have a woody or partly woody stem, and includes all trees, forest reproductive material (other than seed), shrubs and palms, and those vines and perennial herbs with woody or partly woody stems; and for this purpose “perennial herbs” means herbs for which the average life exceeds two years

Note: Growing media and soil from third countries will be inspected at the frequency rate of the plants, plant products or other objects that it is attached to.

F26SCHEDULE 1AIMPORT INSPECTION FEES FOR PHYSICAL CHECKS ON CONSIGNMENTS ORIGINATING IN THE EUROPEAN UNION, LIECHTENSTEIN OR SWITZERLAND

Regulations 3 and 4(1)

Annotations:
Amendments (Textual)

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

F37SCHEDULE 2LIST OF PLANTS AND PLANT PRODUCTS ORIGINATING IN AN EU MEMBER STATE, LIECHTENSTEIN OR SWITZERLAND NOT SUBJECT TO FEES FOR DOCUMENTARY, IDENTITY AND PHYSICAL CHECKS

Regulation 4(8)

Annotations:
Amendments (Textual)

F371

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

F372

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

F373

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

F374

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

F375

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

F376

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

F377

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

F378

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

F379

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

F27SCHEDULE 2ZAREDUCED IMPORT INSPECTION FEES FOR OTHER CONSIGNMENTS ORIGINATING IN THE EUROPEAN UNION, LIECHTENSTEIN OR SWITZERLAND

Regulations 3 and 4(5)

Annotations:
Amendments (Textual)

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

F38SCHEDULE 2AIMPORT INSPECTION FEES FOR DOCUMENTARY CHECKS ON PLANTS AND PLANT PRODUCTS ORIGINATING IN THE EUROPEAN UNION, LIECHTENSTEIN OR SWITZERLAND

Regulation 4(6)

Annotations:
Amendments (Textual)
Table 3

Category and description of plant or plant product

Fee (documentary check) (£)

Cut Flowers

Dendranthema (DC.) Des Moul. (Chrysanthemum L.)

£0.18

Rosa L.

£0.18

Solidago L.

£0.18

Other genera not specified or includedelsewhere in this table

£0.18

Branches with foliage, parts of Conifers (other than bark or cut Christmas trees)

All genera

£0.18

Fruit, vegetables, leaves

Momordica L.

£0.18

Ocimum L.

£0.18

Solanaceae Juss. (other than Solanum tuberosum L.)

£0.18

Solanum melongena L.

£0.18

Other genera or species of fruit or vegetables not specified or included elsewhere in this table

£0.18

Other leaves not specified or included elsewhere in this table

£0.18

Cut Christmas trees (less than 3 metres in height)

All genera

£0.18

F1SCHEDULE 3ADDITIONAL FEES

Regulation 5

Annotations:
Amendments (Textual)

Item

Plants, plant products or other objects

Quantity1

Fee

1

Potatoes originating in Egypt F39and LebanonF23...

up to 25,000 kg in weight

£158

for each 25,000 kg (or part thereof)

£158

1 A sample of 200 tubers will be taken for each 25,000 kg lot.

(This note is not part of the Regulations)

These Regulations implement Article 13d of Council Directive 2000/29/EC (OJ L 169, 10.7.2000, p.1) which requires a member State to ensure the collection of fees to cover the costs occasioned by the documentary checks, identity checks and plant health checks of certain imports of plants, plant products and other objects from third countries which are required by Article 13a(1) of the Directive. These Regulations revoke and replace the Plant Health (Import Inspection Fees) (Scotland) Regulations 2005 (S.S.I. 2005/216) (“the 2005 Regulations”). These Regulations consolidate amendments made to the 2005 Regulations and also increase the level of the applicable fees. They also make provision for additional fees in respect of potatoes originating in Egypt or Lebanon.

Regulation 3 requires the payment of a fee for documentary, identity and plant health checks (“applicable checks”) performed on consignments, or parts of consignments, consisting of plants, plant products and other objects, which are landed in Scotland from a country outside the European Union, or which are in transit within the Union and in respect of which the Scottish Ministers have agreed with the official body of the point of entry of those goods to be responsible for certain matters (under article 12(6) of the Plant Health (Scotland) Order 2005 (S.S.I. 2005/613). The fees are specified in regulation 4. Except where reduced import inspection fees apply (regulation 4(2)), an importer is required to pay the fee specified in Schedule 1 for applicable checks carried out on those consignments (regulation 3(1), 4(1) and Schedule 1). The fee in Schedule 1 is a single fee. In the 2005 Regulations, the fees for plant health checks, documentary checks and identity checks were prescribed separately. The fees prescribed in Schedule 1 to these Regulations are also higher than the fees prescribed in Schedule 1 to the 2005 Regulations.

Table A provides a comparison of the fees:—

TABLE A

Fee in 2005 Regulations (for plant health check only)1

New Fee (for applicable checks)

Normal working hours

Outside normal working hours

Normal working hours

Outside normal working hours

Tubers of potatoes

£39.72 for each 25,000kg

£59.58 for each 25,000kg

£76 for the first 25,000kg and £52 for each 25,000kg thereafter

£108 for the first 25,000kg and £78 for each 25,000kg thereafter

All other entries listed in Schedule 1

£13.24 for a standard consignment size (specified per entry)

£19.86 for a standard consignment size (specified per entry)

£42 for a standard consignment size (specified per entry)

£66 for a standard consignment size (specified per entry)

Up to a maximum of £105.92 may be charged for additional units2

Up to a maximum of £158.88 may be charged for additional units

Up to a maximum of £168 may be charged for additional units

Up to a maximum of £318 may be charged for additional units

Additional fees per consignment (Schedule 3 of the 2005 Regulations): Documentary Check: £5.29 Identity Check: £5.29 (for up to truck load size) or £10.58 (for larger load)

1 Additional fees for documentary check (£5.29) and identity check (£5.29 for truck load size or £10.58 for larger load) require to be added to the plant health check fee on each consignment. These fees were prescribed in Schedule 3 to the 2005 Regulations.

2 There is no maximum price for plants, plant products or other objects falling within the description “Fruits, vegetables (other than leafy vegetables)” in Schedule 1.

Regulation 4(2) and Schedule 2 prescribe the reduced import inspection fees which apply (whether or not a plant health inspection is in fact carried out) in respect of applicable checks of certain cut flowers, fruits and vegetables originating in the countries specified in Schedule 2. The fee in Schedule 2 to these Regulations is a single fee. In the 2005 Regulations the documentary, identity and plant health checks were subject to separate fees. Pursuant to Article 2 of Commission Regulation (EC) 1756/2004 (OJ L 313, 12.10.2004, p.6) the European Commission notifies member States of the items which should be subject to reduced inspection and of the rate of such inspection. Schedule 2 takes account of the most recent Commission Notification on reduced inspection rates as published on the following Website: http://ec.europa.eu/food/plant/plant_health_biosafety/trade_non_eu/reduced_frequency_checks_en.htm.

Schedule 2 also increases the fees which are payable.

Table B provides a comparison of the fees:—

TABLE B

Genus

Country of Origin

Reduced Rate Fee in 2005 Regulations1 (for plant health check only)2

New reduced Rate Fee3 (for applicable checks)

Rate of Inspection in Period 01.10.2014 – 2015)

Cut Flowers

Dianthus

Columbia

£0.66

£24.60

3%

Ecuador

£1.98

£26.70

15%

Kenya

£0.66

£24.90

5%

Turkey

£3.31

£28.50

25%

Phoenix

Costa Rica

-

£30.30

35%

Rosa

Columbia

£0.39

£24.60

3%

Ecuador

£0.39

£24.60

3%

Ethiopia

£0.66

£25.80

10%

Kenya

£0.66

£24.90

5%

Tanzania

£1.32

£26.70

15%

Zambia

£3.31

£26.70

15%

Fruits

Citrus

Egypt

£1.98

£26.70

15%

Israel

£1.98

£25.80

10%

Mexico

£3.31

£25.80

10%

Morocco

£0.66

£24.90

5%

Peru

£4.63

£25.80

10%

Tunisia

-

£37.50

75%

Turkey

£0.39

£24.60

3%

Uruguay

£1.98

£37.50

75%

USA

£1.98

£26.70

15%

Malus

Argentina

£1.32

£28.50

25%

Brazil

£1.98

£28.50

25%

Chile

£0.92

£24.90

5%

New Zealand

£1.32

£25.80

10%

South Africa

£1.32

£24.90

5%

USA

£3.31

£33.00

50%

Passiflora

Colombia

£1.32

£25.80

10%

Kenya

£1.32

£25.80

10%

South Africa

£6.62

£30.30

35%

Zimbabwe

£4.63

£37.50

75%

Prunus

Argentina

£4.63

£33.00

50%

Chile

£1.32

£25.80

10%

Morocco

-

£33.00

50%

South Africa

£1.32

£25.80

10%

Turkey

£1.32

£25.80

10%

USA

£3.31

£25.80

10%

Psidium

Brazil

-

£37.50

75%

Pyrus

Argentina

£1.98

£25.80

10%

Chile

£4.63

£26.70

15%

China

£4.63

£33.00

50%

South Africa

£1.32

£25.80

10%

Vaccinium

Argentina

-

£28.50

25%

Vegetables

Capsicum

Israel

-

£24.90

5%

Morocco

-

£25.80

10%

Momordica

Surinam

-

£30.30

35%

Solanum

Melongena

Kenya

-

£25.80

10%

Turkey

£1.32

£25.80

10%

1 Fee is per consignment of up to 20,000 cut flowers and up to 25,000kg of fruit and vegetables and relate to checks carried out during normal working hours. Fees for additional quantities and the maximum fee per consignment are also prescribed in Schedule 2, together with corresponding fees for checks carried out outside normal working hours.

2 Additional fees for documentary check (£5.29) and identity check (£5.29 for truck load size or £10.58 for larger load) require to be added to the plant health check fee on each consignment. These fees were prescribed in Schedule 3 to the 2005 Regulations.

3 Fee is per consignment of up to 20,000 cut flowers and up to 25,000kg of fruit and vegetables and relate to checks carried out during normal working hours. Fees for additional quantities and the maximum fee per consignment are also prescribed in Schedule 2, together with corresponding fees for checks carried out outside normal working hours.

The Regulations also make provision for two additional fees in respect of sampling of potatoes. Regulations 5(1) and (2) and Schedule 3 prescribe a fee for the taking of samples of potatoes originating in Egypt in order to test for the presence of Ralstonia solanacearum (Smith) Yabuuchi et al., in accordance with point 5 of the Annex to Commission Implementing Decision (EU) No 787/2011 (OJ L 319, 02.12.2011, p.112). This fee was formerly prescribed by regulation 6 of the Potatoes Originating in Egypt (Scotland) Regulations 2004 (S.S.I. 2004/111). Regulation 7(1)(a) and (2) of these Regulations revokes that provision with savings.

Regulation 5(1) and (3) and Schedule 3 also introduce a fee for the taking of samples of potatoes originating in Lebanon in order to test for the presence of Clavibacter michiganensis (Smith) Davis et al. ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al. in accordance with Article 4 of Commission Implementing Decision (EU) No 413/2013 (OJ L 205, 01.08.2013, p.13).

Regulation 6 revokes the 2005 Regulations, and subsequent amending regulations, with savings.

A business and regulatory impact assessment has been prepared, and placed in the Scottish Parliament Information Centre. A copy can be obtained from the Scottish Government Agriculture, Food and Rural Communities Directorate, Saughton House, Broomhouse Drive, Edinburgh, EH11 3XD.