2006 No. 2697
The Plant Health (Fees) (Forestry) Regulations 2006
Made
Laid before Parliament
Coming into force
The Forestry Commissioners have been designated1 for the purposes of section 2(2) of the European Communities Act 19722 in relation to the common agricultural policy of the European Community.
They make the following Regulations under the powers conferred by that section.
Title and commencement1
These Regulations may be cited as the Plant Health (Fees) (Forestry) Regulations 2006 and come into force on 6th November 2006.
Interpretation2
1
In these Regulations—
“authority” means an authority to issue plant passports under article 28 of the Order;
“consignment” has the meaning given by Article 2(1)(p) of the Directive;
“the Directive” means Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community3 as amended by amendments up to and including those effected by Commission Directive 2006/35/EC4;
“documentary check” has the meaning given by Article 13a(1)(b)(i) of the Directive;
“licence” means a licence to carry out any activity to which article 38 of the Order applies;
“the Order” means the Plant Health (Forestry) Order 20055;
“plant passport” means a label and, where appropriate, an accompanying document that meets the relevant requirements set out in Schedule 9 to the Order, issued by or with the authority of the Forestry Commissioners, and includes a replacement plant passport;
“remedial notice” means a notice served under articles 31(1) or (4) or 33(3) of the Order; and
“remedial work” means any steps taken by a person for the purposes of complying with a remedial notice or by an inspector under article 32(1) of the Order.
2
Words and expressions which are not defined in these Regulations and which appear in the Order have the same meaning in these Regulations as they have in the Order.
Fees3
1
All fees are payable to the Forestry Commissioners.
2
The fee for an inspection related to an authority is specified in Schedule 1.
3
The fee payable in connection with an application or for an inspection related to a licence is specified in Schedule 2.
4
An importer shall pay in respect of the following checks carried out on a consignment to which paragraph (6) applies—
a
the fee specified in Schedule 3 for a plant health check;
b
the fee specified in Schedule 4 for a documentary check; and
c
the fee specified in Schedule 4 for an identity check.
5
The person on whom a remedial notice is served or who is given notice under article 32(1) of the Order shall pay the fee specified in Schedule 5 for remedial work in connection with a consignment to which paragraph (6) applies.
6
This paragraph applies to a consignment of (or a consignment which an inspector reasonably suspects to be)—
a
isolated bark of a type listed in Schedule 5, Part A, paragraph 3 or Part B, paragraph 3 to the Order; or
b
wood of a type listed in Schedule 5, Part A, paragraph 4 or Part B, paragraph 1 to the Order, other than wood packaging material which is actually in use in the transport of objects of all kinds,
to which the provisions of Part 2 of the Order apply.
Revocations4
The following Regulations are revoked—
a
the Plant Health (Fees) (Forestry) (Great Britain) Regulations 19966;
b
the Plant Health (Fees) (Forestry) (Great Britain) (Amendment) Regulations 19977; and
c
the Plant Health (Fees) (Forestry) (Great Britain) (Amendment) Regulations 19998.
Sealed with the official seal of the Forestry Commissioners on 10th October 2006
SCHEDULE 1Fees for inspections related to an authority
Inspections | Fee | (Previous fee) |
---|---|---|
Inspection and associated activities (including travel and office time) in connection with the granting, variation or suspension of an authority or for monitoring compliance with that authority— | ||
| £37 | (£27) |
| £9.25 | (£10 for each 30 minutes or part thereof) |
SCHEDULE 2Fees in connection with applications and for inspections related to a licence
Item | Type of application or inspection | Fee | (Previous fee) |
---|---|---|---|
1 | Application for a licence | £305 | (£305) |
2 | Application for extension or variation of a licence with changes requiring scientific or technical assessment | £100 | (£100) |
3 | Application for extension of a licence with no changes or for extension or variation of a licence with changes requiring no scientific or technical assessment | £12 | (£12) |
4 | Inspection and associated activities (including travelling and office time) in connection with item 1, 2 or 3 or for monitoring compliance with licence terms and conditions— | ||
| £37 | (£27) | |
| £9.25 | (£10 for each 30 minutes or part thereof) |
SCHEDULE 3Fees for plant health checks
Item | Check | Unit | Fee |
---|---|---|---|
1 | Isolated bark | Per consignment | |
—up to 25000kg | £12.25 | ||
—for each additional 1000kg or part thereof | £0.49 | ||
Up to a maximum fee of £98 per consignment | |||
2 | Wood | Per consignment | |
—up to 100m3 | £12.25 | ||
—for each additional m3 or part thereof | £0.20 | ||
3 | Conducting checks on item 1 or 2 at an approved place of inspection | Per visit | £30, in addition to any fee under item 1 or 2 |
SCHEDULE 4Fees for documentary checks and identity checks
Item | Check | Unit | Fee |
---|---|---|---|
1 | Documentary check | Per consignment | £5.29 |
2 | Identity check | Per consignment | |
—for each load of up to 30m3 forming part of the consignment contained in one truck, railway wagon, or comparable container | £5.29 | ||
—for each bulk load of less than 100m3 | £5.29 | ||
—for each bulk load of 100m3 or more | £10.58 |
SCHEDULE 5Fees for the carrying out or monitoring of remedial work
Remedial work | Fee | (Previous fee) |
---|---|---|
The carrying out or monitoring by an inspector of any remedial work, and associated activities (including travelling and office time)— | ||
| £37 | (£27) |
| £9.25 | (£10 for each 30 minutes or part thereof) |
(This note is not part of the Regulations)