The Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2018

Scottish Statutory Instruments

2018 No. 22

Plant Health

The Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2018

Made

23rd January 2018

Laid before the Scottish Parliament

25th January 2018

Coming into force

19th March 2018

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 all other powers enabling them to do so.

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 1998 (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. Section 56(1) was amended by article 6(1)(e) of the Treaty of Lisbon (Changes of Terminology) Order 2011 (S.I. 2011/1043).

Citation, commencement and extent S

1.—(1) These Regulations may be cited as the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2018 and come into force on 19th March 2018.

(2) These Regulations extend to Scotland only.

Amendment of the Plant Health (Import Inspection Fees) (Scotland) Regulations 2014 S

F1 2.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Reg. 2 revoked (29.3.2019) by The Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2019 (S.S.I. 2019/28), regs. 1(1), 3

Revocation S

3.  Regulation 2 of the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2017 M2 is revoked.

Marginal Citations

M2 S.S.I. 2017/6.

FERGUS EWING

A member of the Scottish Government

St Andrew's House,

Edinburgh

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Plant Health (Import Inspection Fees) (Scotland) Regulations 2014 (“the principal Regulations”).

Article 13d of Council Directive 2000/29/EC (OJ L 169, 10.7.2000, p.1) (“the Directive”) 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. 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 plants and plant products which should be subject to reduced inspection and of the rate of such inspection. Regulation 2 substitutes schedule 2 of the principal Regulations to take 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.

The table provides a comparison of changes made to the fees in schedule 2 of the principal Regulations:

TABLE

1 Initial fee per consignment for cut flowers (up to 20,000 in number) and fruit and vegetables (up to 25,000 kg in weight). Corresponding fees are set in the principal Regulations for additional quantities, maximum price per consignment and inspections carried out outside normal working hours.
2 Consignments subject to an inspection rate of 100% are excluded from the reduced rate inspection scheme and are subject to the import inspection fees specified in schedule 1 of the principal Regulations.
3 In 2018 the Commission Notification revised the rate of inspection for Citrus coming from Israel up to 100%, except in respect of the subspecies Citrus limon C.aurantiifolia.
4 In 2018 the Commission Notification revised the rate of inspection for Prunus-persica coming from South Africa up to 100%. For all other sub-species of Prunus coming from South Africa the rate of inspection has been revised down to 5%. Regulation 3 revokes regulation 2 of the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2017. No business and regulatory impact assessment has been prepared for this instrument as it has limited impact on the cost of business.
Genus	Country of origin	Previous rate of inspection	Previous fee1	New rate of inspection	New fee, specified in schedule 21
Fruit
Citrus	Egypt	25%	£28.50	100%2	-
Citrus limon C.aurantiifolia 3	Israel	10%	£25.80	25%	£28.50
Citrus- other 3	Israel	10%	£25.80	100%2	-
Malus	Brazil	25%	£28.50	75%	£37.50
Malus	USA	75%	£37.50	100%2	-
Passiflora	Zimbabwe	75%	£37.50	50%	£33.00
Prunus-persica 4	South Africa	10%	£25.80	100%2	-
Prunus-other(4)	South Africa	10%	£25.80	5%	£24.90
Prunus	Turkey	10%	£25.80	35%	£30.30
Pyrus	Argentina	10%	£25.80	15%	£26.70
Pyrus	China	75%	£37.50	50%	£33.00
Vegetables
Capsicum	Israel	10%	£25.80	100%2	-
Solanum lycopersicon	Morocco	New	-	5%	£24.90
Solanum lycopersicon	Canary Islands	New	-	5%	£24.90
Solanum melongena	Turkey	5%	£24.90	25%	£28.50