2019 No. 425
Plant Health

The Plant Health (Import Inspection Fees) (Scotland) Amendment (No. 2) Regulations 2019

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 19731 and all other powers enabling them to do so.

Citation, commencement and extent1.

(1)

These Regulations may be cited as the Plant Health (Import Inspection Fees) (Scotland) Amendment (No. 2) Regulations 2019 and come into force on 22 February 2020.

(2)

These Regulations extend to Scotland only.

Amendment of the Plant Health (Import Inspection Fees) (Scotland) Regulations 20142.

(1)

The Plant Health (Import Inspection Fees) (Scotland) Regulations 20142 are amended as follows.

(2)

In regulation 2(1) (interpretation)—

(a)

omit the definition of “applicable checks”,

(b)

insert in the appropriate places—

““documentary check” has the same meaning as in Article 13a(1)(b)(i) of the Directive,”,

““Europe” 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,”,

““European Union” means the territories of the Member States including the Isle of Man and the Channel Islands but excluding Canary Islands, Ceuta, Melilla, Guadeloupe, French Guiana, Martinique, Réunion, Saint-Barthélemy and Saint-Martin”,

““identity check” has the same meaning as in Article 13a(1)(b)(ii) of the Directive,”,

(c)

for the definition of “third country” substitute—

““third country” means any country or territory other than—

(a)

one within the European Union,

(b)

Switzerland.”.

(3)

In regulation 3 (application of the import inspection fee), for paragraph (1) substitute—

“(1)

An importer of a consignment to which this regulation applies must pay to the Scottish Ministers the fees specified in regulation 4.”

(4)

In regulation 4 (fees)—

(a)

in paragraph (1), for “applicable checks” substitute “a plant health check”,

(b)

in paragraph (2)—

(i)

for each time “plants or plant products” appears substitute “plants, plant products or other objects”,

(ii)

for “applicable checks” substitute “a plant health check”,

(c)

after paragraph 2, insert—

“(3)

The fee specified for a documentary check or an identity check carried out is the fee specified for that check in the third column of schedule 2A.”

(5)

For schedule 1 (import inspection fees for applicable checks), substitute—

“SCHEDULE 1IMPORT INSPECTION FEES FOR PLANT HEALTH CHECKS

Regulations 3 and 4(1)

Item

Plant, plant product or other object

Quantity

*Fees

Normal working hours

Outside normal working hours

1

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

up to 10,000 in number

£30

£54

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

£30

£54

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

Bulbs, corms, rhizomes, tubers, intended for planting (other than tubers of potatoes)

Per consignment—

up to 200kg in weight

£30

£54

for each additional 10kg (or part thereof)

£0.20 up to a maximum of £168

£0.40 up to a maximum of £318

4

Seeds, tissues cultures

Per consignment—

up to 100kg in weight

£30

£54

for each additional 10kg (or part thereof)

£0.50 up to a maximum of £168

£0.90 up to a maximum of £318

5

Other plants intended for planting, not specified elsewhere in this table

Per consignment—

up to 5,000 in number

£30

£54

for each additional 100 units (or part thereof)

£0.20 up to a maximum of £168

£0.40 up to a maximum of £318

6

Cut flowers

Per consignment—

up to 20,000 in number

£30

£54

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

£0.20 up to a maximum of £168

£0.30 up to a maximum of £318

7

Branches with foliage, parts of conifers (other than cut Christmas trees)

Per consignment—

up to 200kg in weight

£30

£54

for each additional 100kg (or part thereof (or part thereof)

£1.80 up to a maximum of £168

£3.60 up to a maximum of £318

8

Cut Christmas trees

Per consignment—

up to 1,000 in number

£30

£54

for each additional 100 units (or part thereof)

£1.80 up to a maximum of £168

£3.60 up to a maximum of £318

9

Leaves of plants, such as herbs, spices and leafy vegetables

Per consignment—

up to 100kg in weight

£30

£54

for each additional 10kg (or part thereof)

£1.80 up to a maximum of £168

£3.60 up to a maximum of £318

10

Fruits, vegetables (other than leafy vegetables)

Per consignment—

up to 25,000kg in weight

£30

£54

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

£0.80

£1.50

11

Tubers of potatoes

Per lot—

up to 25,000kg in weight

£64

£96

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

£52

£78

12

Soil and growing medium, bark

Per consignment—

up to 25,000kg in weight

£30

£54

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

£0.80 up to a maximum of £168

£1.50 up to a maximum of £318

13

Grain

Per consignment—

up to 25,000kg in weight

£30

£54

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

£0.80 up to a maximum of £168

£1.50 up to a maximum of £318

14

Other plants or plant products not specified elsewhere in this table

Per consignment

£30

£54

15

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

Per consignment

£30

£54

* Fees include: travel costs (weekday/weekend rate - based on average costs) and the cost of physical inspection, which depends on the type and size of import.

Note: fees are rounded up to the nearest pound, with the exception of the additional quantity values which are rounded up to the nearest decimal point”.

(6)

For schedule 2 (reduced import inspection fees for plant health checks), substitute—

“SCHEDULE 2REDUCED IMPORT INSPECTION FEES FOR PLANT HEALTH CHECKS

Regulations 3 and 4(2)

Item

Product

Quantity

Country of Origin

*Fees

Normal working hours

Outside normal working hours

Cut Flowers

Aster

up to 20,000 in number

Zimbabwe

£25.50

£45.00

for each additional 1,000 units

£0.15

£0.23

maximum price

£120.00

£234.00

Dianthus

up to 20,000 in number

Columbia

£12.60

£19.10

Ecuador, Turkey

£14.70

£23.40

Kenya

£12.90

£19.80

for each additional 1,000 units

Columbia

£0.01

£0.01

Ecuador, Turkey

£0.03

£0.05

Kenya

£0.01

£0.02

maximum price

Columbia

£16.40

£26.70

Ecuador, Turkey

£33.60

£61.20

Kenya

£19.20

£32.40

Phoenix

up to 20,000 in number

Costa Rica

£21.00

£36.00

for each additional 1,000 units

£0.10

£0.15

maximum price

£84.00

£162.00

Rosa

up to 20,000 in number

Columbia

£12.60

£19.10

Ecuador

£12.20

£18.40

Ethiopia

£12.90

£19.80

Kenya, Zambia

£13.80

£21.60

Tanzania

£21.00

£36.00

for each additional 1,000 units

Columbia

£0.01

£0.01

Ecuador

£0.01

£0.01

Ethiopia

£0.01

£0.02

Kenya, Zambia

£0.02

£0.03

Tanzania

£0.10

£0.15

maximum price

Columbia

£16.40

£26.70

Ecuador

£13.40

£20.90

Ethiopia

£19.20

£32.40

Kenya, Zambia

£26.40

£46.80

Tanzania

£84.00

£162.00

Fruit

Actinidia

up to 25,000kg in weight

Any third country

£12.90

£19.80

for each additional 1,000kg

£0.04

£0.08

Carica papaya

up to 25,000kg in weight

Any third country

£12.90

£19.80

for each additional 1,000kg

£0.04

£0.08

Citrus

up to 25,000kg in weight

Egypt

£25.50

£45.00

Mexico

£21.00

£36.00

Morocco, Turkey

£12.60

£19.10

Peru

£13.80

£21.60

USA

£16.50

£27.00

for each additional 1,000kg

Egypt

£0.60

£1.13

Mexico

£0.40

£0.75

Morocco, Turkey

£0.03

£0.05

Peru

£0.08

£0.15

USA

£0.20

£0.38

Cydonia

up to 25,000kg in weight

Any third country in Europe

£12.90

£19.80

for each additional 1,000kg

£0.04

£0.08

Fragaria

up to 25,000kg in weight

Any third country

£12.90

£19.80

for each additional 1,000kg

£0.04

£0.08

Malus

up to 25,000kg in weight

Argentina

£18.30

£30.60

Brazil

£21.00

£36.00

Chile, Any third country in Europe, South Africa

£12.90

£19.80

New Zealand

£13.80

£21.60

for each additional 1,000kg

Argentina

£0.28

£0.53

Brazil

£0.40

£0.75

Chile, South Africa

£0.04

£0.08

New Zealand

£0.08

£0.15

Mangifera

up to 25,000kg in weight

Brazil

£21.00

£36.00

for each additional 1,000kg

£0.40

£0.75

Passiflora

up to 25,000kg in weight

Columbia

£13.30

£20.60

Kenya, Vietnam

£16.50

£27.00

South Africa

£21.00

£36.00

Zimbabwe

£25.50

£45.00

for each additional 1,000kg

Columbia

£0.06

£0.11

Kenya, Vietnam

£0.20

£0.38

South Africa

£0.40

£0.75

Zimbabwe

£0.60

£1.13

Persea americana

up to 25,000kg in weight

Any third country

£12.90

£19.80

for each additional 1,000kg

£0.04

£0.08

Prunus

up to 25,000kg in weight

Argentina

£25.50

£45.00

Chile

£13.80

£21.60

Any third country in Europe

£12.90

£19.80

Morocco

£21.00

£36.00

Turkey

£18.30

£30.60

for each additional 1,000kg

Argentina

£0.60

£1.13

Chile

£0.08

£0.15

Any third country in Europe

£0.04

£0.08

Morocco

£0.40

£0.75

Turkey

£0.28

£0.53

Prunus – other than P. persica

up to 25,000kg in weight

South Africa

£13.80

£21.60

for each additional 1,000kg

£0.08

£0.15

Pyrus

up to 25,000kg in weight

Argentina, Chile

£14.70

£23.40

China

£21.00

£36.00

Any third country in Europe

£12.90

£19.80

South Africa

£13.80

£21.60

for each additional 1,000kg

Argentina, Chile

£0.12

£0.23

China

£0.40

£0.75

Any third country in Europe

£0.04

£0.08

South Africa

£0.08

£0.15

Ribes

up to 25,000kg in weight

Any third country in Europe

£12.90

£19.80

for each additional 1,000kg

£0.04

£0.08

Rebus

up to 25,000kg in weight

Any third country

£12.90

£19.80

for each additional 1,000kg

£0.04

£0.08

Vaccinium

up to 25,000kg in weight

Argentina

£16.50

£27.00

Any third country in Europe

£12.90

£19.80

Chile, Peru

£13.80

£21.60

for each additional 1,000kg

Argentina

£0.20

£0.38

Any third country in Europe

£0.04

£0.08

Chile, Peru

£0.08

£0.15

Vitis

up to 25,000kg in weight

Any third country

£12.90

£19.80

for each additional 1,000kg

£0.04

£0.08

Vegetables

Solanum lycopersicon

up to 25,000kg in weight

Canary Islands,

Morocco

£12.90

£19.80

for each additional 1,000kg

Canary Islands,

Morocco

£0.04

£0.08

Solanum melongena

up to 25,000kg in weight

Turkey

£14.70

£23.40

for each additional 1,000kg

£0.12

£0.23

Other Object

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

Per consignment

Any third country

£12.90

£19.80

*Fees include: travel costs (weekday/weekend based on average costs) and the cost of physical inspection, which depends on the type and size of import and the country of origin.

Note: fees are rounded up to the nearest decimal point, with the exception of the additional quantity values which are rounded up to the nearest penny”.

(7)

After schedule 2 (reduced import inspection fees for plant health checks), insert—

“SCHEDULE 2AIMPORT INSPECTION FEES FOR DOCUMENTARY CHECKS AND IDENTITY CHECKS

Regulations 3 and 4(3)

Check

Quantity

Fee

Documentary check

Per consignment

£6.00

Identity check

Per consignment

£6.00”.

Revocation3.

Regulation 2 of the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 20193 is revoked.
MAIRI GOUGEON
Authorised to sign by the Scottish Ministers

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”).

Regulation 2(2) makes amendments to definitions used in the principal Regulations.

Regulation 2(3) and (4) make changes to regulations 3 and 4 of the principal Regulations to make separate provision for the charging of (i) fees for plant health checks and (ii) fees for document and identity checks.

Regulation 2(5) substitutes schedule 1 of the principal Regulations which previously made provision for document and identity checks as well as for plant health checks. The new schedule 1 makes provision for fees for plant health checks only.

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(6) substitutes schedule 2 of the principal Regulations to take account of the most recent Commission Notification on reduced inspections rates as published on the following website:

https://ec.europa.eu/food/plant/plant_health_biosecurity/non_eu_trade/less_frequent_checks_en

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

TABLE A

Genus

Country of origin

Previous rate of inspection

Previous fee(i)

New rate of inspection

New fee, specified in Schedule 2(i)

Fruit

Actinidia

Any third country

New

-

5%

£12.90

Carica

Any third country

New

-

5%

£12.90

Citrus

Mexico

100%

£30.00

50%

£21.00

Citrus

Tunisia

75%

£25.50

100%(ii)

£30.00

Citrus limon, C aurantiifolid

Israel

25%

£16.50

100%(ii)

£30.00

Cydonia

Any third country in Europe

New

-

5%

£12.90

Fragaria

Any third country

New

-

5%

£12.90

Malus

Any third country in Europe

New

-

5%

£12.90

Passiflora

South Africa

35%

£18.30

50%

£21.00

Passiflora

Zimbabwe

50%

£21.00

75%

£25.50

Persea americana

Any third country

New

-

5%

£12.90

Prunus

Any third country in Europe

New

-

5%

£12.90

Prunus

USA

50%

£21.00

100%(ii)

£30.00

Prunus, other than P. persica

South Africa

5%

£12.90

10%

£13.80

Pyrus

Any third country in Europe

New

-

5%

£12.90

Ribes

Any third country in Europe

New

-

5%

£12.90

Rubus

Any third country

New

-

5%

£12.90

Vaccinium

Any third country in Europe

New

-

5%

£12.90

Vaccinium

Chile

New

-

10%

£13.80

Vaccinium

Peru

New

-

10%

£13.80

Vitis

Any third country

New

-

5%

£12.90

Vegetables

Solanum melongena

Turkey

25%

£16.50

15%

£14.70

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

Machinery and vehicles

Any third country

New

-

5%

£12.90

(i)

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. The fee amount stated is the previous fee for the plant health check only. The amount stated does not include the £12 fee for document and identity checks which was previously included in the fee total.

(ii)

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.

Regulation 2(7) inserts a new schedule 2A into the principal Regulations which makes separate provision for the charging of fees for document and identity checks.

Regulation 3 revokes regulation 2 of the Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2019.

No business or regulatory impact assessment has been prepared for this instrument as it has limited impact on the cost of business.