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Scottish Statutory Instruments

2014 No. 338

Plant Health

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

Made

26th November 2014

Laid before the Scottish Parliament

1st December 2014

Coming into force

15th January 2015

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/EC M3, to be a reference to those provisions of that instrument as amended from time to time.

Marginal Citations

M11973 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.

M21972 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.

M3OJ 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 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 M4;

[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“Relevant ports” means any of the following seaports—

(a)

Ayr;

(b)

Cairnryan;

(c)

Greenock.]

F15...

F16...

F17...

F6...

[F18(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 M5, which has been recorded and is consequently capable of being reproduced.

[F19(3) Unless the context otherwise requires, words and expressions which are not defined in these Regulations and which appear in the F20... Plant Health Regulation or the Official Controls Regulation have the same meaning in these Regulations as in the F20... Plant Health Regulation or, as the case may be, in the Official Controls Regulation.]]

Textual Amendments

Marginal Citations

M52000 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.—[F21(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—

[F22(a)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]

[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

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[F32(6) 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.

[F33(8) 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.]]

[F34(9) 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.]]

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)

[F35Additional fees in respect of Potatoes Originating in Egypt and LebanonS

5.—(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.]

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 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 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

M7S.S.I 2007/138 .

M11S.S.I 2010/405.

RICHARD LOCHHEAD

A member of the Scottish Government

St Andrew's House,

Edinburgh

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

[F38SCHEDULE 1SIMPORT INSPECTION FEES FOR PHYSICAL AND IDENTITY CHECKS

Textual Amendments

ItemProduct, plant or other objectQuantityCountry of OriginFees
(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.]
Physical checkIdentity check
Normal working hoursOutside normal working hours
Plants for planting
1Cuttings, seedlings (except forestry reproductive material), young plants of strawberries or of vegetablesUp to 10,000 in numberAny third country£30.00£54.00£6.00
All generafor each additional 1,000 units (or part thereof)£0.80 up to a maximum of £168£1.50 up to a maximum of £318
2Shrubs, trees (other than cut Christmas trees), other woody nursery plants including forest reproductive material (other than seed)Up to 1,000 in numberAny third country£30.00£54.00£6.00
All generafor each additional 100 units (or part thereof)£0.50 up to a maximum of £168£1.00 up to a maximum of £318
3Dormant 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 generaor each additional 10kg (or part thereof)£0.20 up to a maximum of £168£0.40 up to a maximum of £318
4Dormant 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 generafor each additional 10kg (or part thereof)£0.02 up to a maximum of £26.40£0.04 up to a maximum of £46.80
5Non-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 generaFor 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
6Indoor plants(2) (including plants for use in aquaria) for final consumers(1)Per consignment - up to 1,000 in numberAny third country£12.90£19.80£0.30
All generafor 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
7Plants intended for planting (other than cut Christmas trees) not specified or included elsewhere in this tablePer consignment - up to 5,000 in numberAny third country£30.00£54.00£6.00
All generafor each additional 100 units (or part thereof)£0.20 up to maximum of £168£0.40 up to maximum of £318
Seeds
8For trials or testing

Per consignment

- up to 100kg in weight

Any third country£13.80£21.60£0.60
All generafor 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 weightArgentina, 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 weightAny 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 TriticosecalePer consignment - up to 100kg in weightAfghanistan, 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
12Other seeds not specified or included elsewhere in this tablePer consignment up to 100kg in weightAny third country£12.90£19.80£0.30
All generafor 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 weightAfghanistan, 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 numberAny 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 unitsAny 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 numberAny 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 numberAny 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 numberAny 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 unitsAny 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 numberAny 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 unitsAny 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
19Other cut flowers not specified or included elsewhere in this tablePer consignment - up to 20,000 in numberAny third country other than an EU Member State, Liechtenstein, or Switzerland£12.90£19.80£0.30
All generaAny EU Member State, Liechtenstein or Switzerland£12.54£19.08£0.18
for each additional 1,000 unitsAny 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)
20Asparagus officinalisPer consignment -up to 100kg in weightAny 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
21CapsicumPer consignment -up to 100kg in weightAny 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
22FragariaPer consignment -up to 100kg in weightAny 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
23Ipomoea batatasPer consignment -up to 100kg in weightAny 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
24MalusPer consignment -up to 100kg in weightAny 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 weightAny 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
26Persea AmericanaPer consignment -up to 100kg in weightAny 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 thereofAny 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
27PyrusPer consignment -up to 100kg in weightAny 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
28RubusPer consignment -up to 100kg in weightAny 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 weightAny 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 weightAny 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
31VacciniumPer consignment -up to 100kg in weightAny 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
32VitisPer consignment -up to 100kg in weightAny 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
33Zea MaysPer consignment -up to 100kg in weightAny 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
34Zingiber OfficinalePer consignment -up to 100kg in weightAny 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
35Other fruit and vegetables (other than leafy vegetables) not specified or included elsewhere in this tablePer consignment - up to 25,000kg in weightAny 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 weightAny 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
37Leaves of plants, such as herbs, spices and leafy vegetables not specified or included elsewhere in this tablePer consignment - up to 100kg in weightAny 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 Switzerlandmaximum of £16.32maximum of £26.64
Branches with foliage, parts of Conifers (other than bark)
38All generaPer consignment - up to 200kg in weightAny 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 weightAny third country£64.00£96.00£6.00
for each additional 25,000kg in weight (or part thereof)£52.00£78.00
40Tubers of Solanumtuberosum L. (ware potatoes)Per lot - up to 25,000kg in weightAny 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 thereofAny 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 numberAny 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 numberAny 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
42Machinery or vehicles which have been operated for agricultural or forestry purposesPer consignmentAny third country£12.90£19.80£0.30

Regulations 3 and 4(1)

F39SCHEDULE 1ASIMPORT INSPECTION FEES FOR PHYSICAL CHECKS ON CONSIGNMENTS ORIGINATING IN THE EUROPEAN UNION, LIECHTENSTEIN OR SWITZERLAND

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

Textual Amendments

Regulation 4(8)

F40SCHEDULE 2SLIST OF PLANTS AND PLANT PRODUCTS ORIGINATING IN AN EU MEMBER STATE, LIECHTENSTEIN OR SWITZERLAND NOT SUBJECT TO FEES FOR DOCUMENTARY, IDENTITY AND PHYSICAL CHECKS

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

Textual Amendments

Regulations 3 and 4(5)

F41SCHEDULE 2ZASREDUCED IMPORT INSPECTION FEES FOR OTHER CONSIGNMENTS ORIGINATING IN THE EUROPEAN UNION, LIECHTENSTEIN OR SWITZERLAND

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

Textual Amendments

Regulation 4(6)

[F42SCHEDULE 2ASIMPORT INSPECTION FEES FOR DOCUMENTARY CHECKS ON PLANTS AND PLANT PRODUCTS ORIGINATING IN THE EUROPEAN UNION, LIECHTENSTEIN OR SWITZERLAND

Textual Amendments

Table 3

Category and description of plant or plant productFee (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]

Regulation 5

[F43SCHEDULE 3SADDITIONAL FEES

Textual Amendments

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

ItemPlants, plant products or other objectsQuantity1Fee
1Potatoes originating in Egypt [F44and Lebanon] F45...up to 25,000 kg in weight£158
for each 25,000 kg (or part thereof)£158

Textual Amendments

Explanatory Note

(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

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.

Fee in 2005 Regulations (for plant health check only) 1 New Fee (for applicable checks)
Normal working hoursOutside normal working hoursNormal working hoursOutside 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 units2Up to a maximum of £158.88 may be charged for additional unitsUp to a maximum of £168 may be charged for additional unitsUp 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)

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

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.

GenusCountry of OriginReduced Rate Fee in 2005 Regulations1 (for plant health check only)2New reduced Rate Fee3 (for applicable checks)Rate of Inspection in Period 01.10.2014 – 2015)
Cut Flowers
DianthusColumbia£0.66£24.603%
Ecuador£1.98£26.7015%
Kenya£0.66£24.905%
Turkey£3.31£28.5025%
PhoenixCosta Rica-£30.3035%
RosaColumbia£0.39£24.603%
Ecuador£0.39£24.603%
Ethiopia£0.66£25.8010%
Kenya£0.66£24.905%
Tanzania£1.32£26.7015%
Zambia£3.31£26.7015%
Fruits
CitrusEgypt£1.98£26.7015%
Israel£1.98£25.8010%
Mexico£3.31£25.8010%
Morocco£0.66£24.905%
Peru£4.63£25.8010%
Tunisia-£37.5075%
Turkey£0.39£24.603%
Uruguay£1.98£37.5075%
USA£1.98£26.7015%
MalusArgentina£1.32£28.5025%
Brazil£1.98£28.5025%
Chile£0.92£24.905%
New Zealand£1.32£25.8010%
South Africa£1.32£24.905%
USA£3.31£33.0050%
PassifloraColombia£1.32£25.8010%
Kenya£1.32£25.8010%
South Africa£6.62£30.3035%
Zimbabwe£4.63£37.5075%
PrunusArgentina£4.63£33.0050%
Chile£1.32£25.8010%
Morocco-£33.0050%
South Africa£1.32£25.8010%
Turkey£1.32£25.8010%
USA£3.31£25.8010%
PsidiumBrazil-£37.5075%
PyrusArgentina£1.98£25.8010%
Chile£4.63£26.7015%
China£4.63£33.0050%
South Africa£1.32£25.8010%
VacciniumArgentina-£28.5025%
Vegetables
CapsicumIsrael-£24.905%
Morocco-£25.8010%
MomordicaSurinam-£30.3035%

Solanum

Melongena

Kenya-£25.8010%
Turkey£1.32£25.8010%

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.