The Plant Health (Import Inspection Fees) (England) (Amendment) Regulations 2012

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Plant Health (Import Inspection Fees) (England) Regulations 2010 (S.I. 2010/2693) (“the principal Regulations”).

The principal Regulations implement Article 13d of Council Directive 2000/29/EC (OJ No L 169, 10.7.2000, p1) (“the Directive”) which requires Member States to charge fees to cover the costs of documentary, identity and plant health checks of certain imports of plants, plant products and other objects from third countries set out in Annex V, Part B of the Directive.

Schedule 2 to the principal Regulations sets out reduced rate fees for certain plants and plant products subject to reduced frequency inspections agreed under the procedure provided for in Articles 13d(2) and 18(2) of the Directive. These Regulations substitute a new Schedule 2 to the principal Regulations to give effect to the latest agreement by the EU Standing Committee on Plant Health in respect of reduced rate fees. The inspection rate for Malus from China has increased from 25% to 50% with a matching increase in fees. Mangifera from Brazil and Citrus from Honduras are no longer eligible for reduced rate fees since these are subject to 100% inspection frequency and accordingly the fees in Schedule 1 to the principal Regulations are applied for these consignments. All other inspection rates and accordingly fees have decreased.

It is foreseen that these Regulations will have an impact on the private or voluntary sectors, but a full impact assessment has not been produced as they implement annual changes in fees in line with a predetermined level rather than fundamental changes to the regulatory regime itself.