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The Plant Health (Import Inspection Fees) (Scotland) Regulations 2014
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- Scottish Statutory Instruments
- 2014 No. 338
- Regulation 3
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Version Superseded: 22/02/2020
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Application of the import inspection feeS
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3.—(1) In respect of applicable checks which are carried out on a consignment, or on such part of a consignment, to which this regulation applies, an importer must pay to the Scottish Ministers the fee 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 [F1in Part A of Annex 11 or in Annex 12 to Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants, and repealing Commission Regulation (EC) No 690/2008 and amending Commission Implementing Regulation (EU) 2018/2019, as amended from time to time;] or
(ii)seeds of Solanaceae M1; and
[F2(b)is subject to—
(i)official controls at a border control post in Scotland pursuant to Article 47(1) of the Official Controls Regulation; or
(ii)any agreement made under the provisions of any delegated act that establishes the cases where, and the conditions under which, identity checks and physical checks of transhipped consignments and of animals arriving by air or sea and staying on the same means of transport for onward travel may be performed at a border control post other than the one of first arrival into the Union, adopted by the Commission under Article 51(1) (specific rules for official controls at border inspection posts) of Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC.]
Textual Amendments
F1Words in reg. 3(2)(a)(i) substituted (14.12.2019) by The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), sch. 5 para. 8(3)(a)
F2Reg. 3(2)(b) substituted (14.12.2019) by The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), sch. 5 para. 8(3)(b)
Marginal Citations
M1Seeds 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).
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