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The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015

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Statutory Instruments

2015 No. 350

Plant Health, England

Plant Health, Scotland

The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015

Made

23rd February 2015

Laid before Parliament

25th February 2015

Coming into force

6th April 2015

The Forestry Commissioners are designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to the common agricultural policy of the European Union and make these Regulations in exercise of the powers conferred by that section.

Title, commencement and applicationE+S

1.  These Regulations—

(a)may be cited as the Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015;

(b)come into force on 6th April 2015; and

(c)apply in relation to England and Scotland only.

Commencement Information

I1Reg. 1 in force at 6.4.2015, see reg. 1(b)

[F1Interpretation: EnglandE+S

1A.—(1) In these Regulations, insofar as they apply in relation to England—

“approved place of inspection” has the meaning given in [F2regulation 13(10) of the Official Controls (Plant Health) Regulations 2019];

“controlled consignment” means a consignment which—

(a)

is introduced into England from a third country; and

(b)

[F3consists of, or includes, isolated bark or wood of a type that is described in Part A of Annex 11, or 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;]

“the F4... Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants;

[F5“FC remedial notice” means a notice served by a plant health inspector under regulation 10 or 15(1) or (2) of the Official Controls (Plant Health) Regulations 2019;]

[F6“licence” means—

(a)

a licence referred to in regulation 51(1) of the Official Controls (Plant Health) Regulations 2019 that has been granted by the Forestry Commissioners; or

(b)

an authorisation described in regulation 20(1)(a) or (b)(i) or 21(1)(a) [F7or (b)] of the Official Controls (Plant Health) Regulations 2019 and granted by the Forestry Commissioners;]

[F8“the Official Controls (Plant Health) Regulations 2019” means the Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019;]

F9...

[F10“plant health inspector” means an official plant health officer appointed by the Forestry Commissioners for the purposes of the Official Controls (Plant Health) Regulations 2019;]

“plant passport authority” means an authorisation described in Article 89(1) of the F11... Plant Health Regulation [F12and granted by the Forestry Commissioners];

[F13“professional operator” means any person, governed by public or private law, involved professionally in, and legally responsible for, one or more of the following activities concerning plants, plant products and other objects—

(a)

planting;

(b)

breeding;

(c)

production, including growing, multiplying and maintaining;

(d)

introduction into, and movement within and out of Northern Ireland;

(e)

making available on the market;

(f)

storage, collection, dispatching and processing.]

F14...

F15...

“remedial work” means any steps taken by a person for the purposes of complying with a [F16FC remedial notice, or by a plant health inspector under regulation 16(1) of the Official Controls (Plant Health) Regulations 2019];

“WPM authorisation” means an authorisation described in Article 98(1) of the F17... Plant Health Regulation [F18and granted by the Forestry Commissioners].

(2) Words and expressions which are not defined in these Regulations and which appear in the F19... Plant Health Regulation or in 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 have the same meaning in these Regulations as they have in the F19... instrument in question.]

Textual Amendments

Interpretation [F20: Scotland] E+S

2.—(1) In these Regulations—

“approved place of inspection” has the meaning given in [F21regulation 13 of Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019];

[F22“controlled consignment” means a consignment which—

(a)

is introduced into Scotland from a third country;

(b)

[F23consists of, or includes, isolated bark, or wood of a type that is described in Part A of Annex 11, or Annex 12, to the Phytosanitary Conditions Regulation, as amended from time to time, other than wood packaging material which is actually in use in the transport of objects of all kinds,]

F24...

F24...

F25...

F24...

[F26“licence” means—

(a)

a licence referred to in regulation 50(1) of the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 that has been granted by the Scottish Ministers; or

(b)

an authorisation described in regulation 20(1)(a) or (b) or [F27(21)(1)] of the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019;]

[F28“the Official Controls Regulation” means 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, insofar as it applies to rules referred to Article 1(2)(g) of that Regulation;”;]

[F29“the Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC,]

F30...

[F31“plant health inspector” means an official plant health officer appointed by the Forestry Commissioners for the purposes of the Plant Health (Official Controls and Miscellaneous Provisions)(Scotland) Regulations 2019;]

F32...

F32...

[F33“plant passport authority” means an authorisation described in Article 89(1) of the F34... Plant Health Regulation granted by the Scottish Ministers;]

[F35“remedial notice” means a notice served by a plant health inspector under regulation 10(2) or 15(1) or (2) of the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019;]

[F36“remedial work” means any steps taken by a person for the purposes of complying with a remedial notice, or by a plant health inspector under regulation 16(1) of the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019;]

[F37“WPM authorisation” means an authorisation referred to in Article 98(1) of the F38... Plant Health Regulation and granted by the Scottish Ministers.]

(2) Words and expressions which are not defined in these Regulations and which appear in the [F39F40... Plant Health Regulation or the Official Controls Regulation] have the same meaning in these Regulations as they have in the [F39F40... Plant Health Regulation or the Official Controls Regulation].]

Textual Amendments

Commencement Information

I2Reg. 2 in force at 6.4.2015, see reg. 1(b)

FeesE+S

3.—(1) [F41In relation to England, fees] payable under this regulation are payable to the Forestry Commissioners.

[F42(1A) In relation to Scotland, fees payable under this regulation are payable to the Scottish Ministers.]

(2) The fee payable for an inspection and associated activities [F43carried out by, or on behalf of Scottish Ministers] in connection with the granting, variation, or suspension of a plant passport authority or for monitoring compliance with that authority is specified in Schedule 1.

(3) The fee payable in connection with an application for a licence (including an application for an extension or variation of a licence), for an inspection and associated activities in connection with an application for a licence or for monitoring compliance with the terms and conditions of a licence is specified in Schedule 2.

(4) The importer of a controlled consignment must pay—

(a)in the case of a [F44physical check] in respect of the consignment, the fee specified for the relevant type of consignment in item 1 or 2 of the table in Schedule 3;

(b)in the case of a documentary check in respect of the consignment, the fee specified in item 1 of the table in Schedule 4;

(c)in the case of an identity check in respect of the consignment, the fee specified in item 2 of the table in Schedule 4.

(5) Where, at the request of an importer of a controlled consignment, a [F44physical check] is carried out on the consignment at an approved place of inspection, the importer must pay the fee of £30 for each visit made by an inspector in the course of conducting the [F44physical check] at the approved place of inspection, in addition to the fee payable under paragraph (4)(a).

[F45(5A) [F46Subject to paragraph (5C),] fee payable in connection with an application to the Forestry Commissioners for a phytosanitary certificate for export or phytosanitary certificate for re-export is the fee specified in Schedule 4A.

(5B) The fee payable in connection with an application to the Forestry Commissioners for a WPM authorisation is the fee specified in Schedule 4B.]

[F47(5A) [F48Subject to paragraph (5AA), the] fee payable in connection with an application to the Scottish Ministers for a phytosanitary certificate or phytosanitary certificate for re-export is the fee specified in schedule 5A.

[F49(5AA) The fee for a phytosanitary certificate or phytosanitary certificate for re-export specified in schedule 5A is not payable in respect of a consignment destined for delivery to a professional operator based in Northern Ireland.]

(5B) The fee payable in connection with an application to the Scottish Ministers for an authorisation referred to in Article 98(1) of the EU Plant Health Regulation is the fee specified in schedule 5B.]

[F50(5C) The fee specified in Schedule 4A is not payable in respect of a consignment to be transported to Northern Ireland—

(a)by a person acting otherwise than in the course of a business, where the consignment is not to be placed on the market; or

(b)for delivery to—

(i)a professional operator whose principal place of business is in Northern Ireland; or

(ii)any person resident in Northern Ireland, where the consignment is not to be placed on the market or used for the purposes of any business.

(5D) Paragraph (5C) ceases to have effect at the end of 31st December 2022.]

[F51(6) The person on whom a remedial notice is served or who is given notice under [F52regulation 16 of the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019] must pay the fee specified in Schedule 5 for the carrying out or the monitoring by an inspector of remedial work and associated activities in connection with a controlled consignment.]

[F53(6A) The person on whom a FC remedial notice is served or who is given notice under regulation 16(1) of the Official Controls (Plant Health) Regulations 2019 must pay the fee specified in Schedule 5 for the carrying out or the monitoring by a plant health inspector of remedial work and associated activities in connection with a controlled consignment.]

Textual Amendments

Commencement Information

I3Reg. 3 in force at 6.4.2015, see reg. 1(b)

RevocationsE+S

4.  The following Regulations are revoked—

(a)the Plant Health (Fees) (Forestry) Regulations 2006(3);

(b)the Plant Health (Fees) (Forestry) (Amendment) Regulations 2008(4);

(c)the Plant Health (Fees) (Forestry) (Amendment) Regulations 2009(5);

(d)the Plant Health (Fees) (Forestry) (Amendment) Regulations 2010(6); and

(e)the Plant Health (Fees) (Forestry) (Amendment) (England and Scotland) Regulations 2014(7).

Commencement Information

I4Reg. 4 in force at 6.4.2015, see reg. 1(b)

Sealed with the official seal of the Forestry Commissioners

Wilma Harper

Secretary to the Forestry Commissioners

Regulation 3(2)

F54[SCHEDULE 1E+SFees for inspections in connection with a plant passport authority

Textual Amendments

Commencement Information

I5Sch. 1 in force at 6.4.2015, see reg. 1(b)

Type of inspectionFee
Inspection and associated activities (including travelling and office time) in connection with the granting, variation or suspension of a plant passport authority or for monitoring compliance with that authority—
(f)

up to and including the first hour;

£49.50
(g)

thereafter, for each additional 15 minutes or part thereof

£12.38]

Regulation 3(3)

SCHEDULE 2E+SFees in connection with licences

Commencement Information

I6Sch. 2 in force at 6.4.2015, see reg. 1(b)

ItemType of application or inspectionFee
1.Application for a licence£305
2.Application for an extension or variation of a licence with changes requiring scientific or technical assessment£100
3.Application for an extension of a licence with no changes or for an extension or variation of a licence with changes not requiring scientific or technical assessment£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—

(h)

up to and including the first hour;

£37
(i)

thereafter, for each additional 15 minutes or part thereof

£9.25

Regulation 3(4)(a)

SCHEDULE 3E+SFees for [F55physical check]

Textual Amendments

Commencement Information

I7Sch. 3 in force at 6.4.2015, see reg. 1(b)

ItemDescription of relevant material in consignment subject to a [F56physical check]UnitFee
1.Isolated bark, wood shavings, wood chips or sawdust

Per consignment

—up to 25000kg

£31.20
—for each additional 1000kg or part thereof£0.49
Up to a maximum fee of £98 per consignment
2.Wood (other than wood in the form of isolated bark, wood shavings, wood chips or sawdust)

Per consignment

—up to 100m³

£31.20
—for each additional m³ or part thereof£0.25

Textual Amendments

Regulation 3(4)(b) and (c)

SCHEDULE 4E+SFees for documentary checks and identity checks

Commencement Information

I8Sch. 4 in force at 6.4.2015, see reg. 1(b)

ItemType of checkUnitFee
1.Documentary checkPer consignment£7.20
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

£7.20
—for each bulk load of less than 100m³£7.20
—for each bulk load of 100m³ or more£14.40

Regulation 3(5A)

F57[SCHEDULE 4AE+SFees in connection with an application for a phytosanitary certificate for export or phytosanitary certificate for re-export: England

Textual Amendments

ServiceFee

The consideration of an application, including the issue, where appropriate,

of a phytosanitary certificate for export or a phytosanitary certificate for re-export

£21.00
The examination or testing of wood, wood products, isolated bark or used forestry machinery and associated activities (including travelling and office time)—
(a)

up to and including the first hour

£37.80
(b)

thereafter, for each additional 15 minutes or part thereof

£10.50]

Regulation 3(5B)

[F58SCHEDULE 4BE+SFees in connection with an application for a WPM authorisation: England

Textual Amendments

(1)Type of application(2)Fee
Application for a WPM authorisation, other than a renewal of an existing WPM authorisation£400.00
Application for a renewal of an existing WPM authorisation£120.00
Application for a re-assessment for the purposes a WPM authorisation£120.00]

Regulation 3(6)

SCHEDULE 5E+SFees for the carrying out or monitoring of remedial work

Commencement Information

I9Sch. 5 in force at 6.4.2015, see reg. 1(b)

Remedial workFee
The carrying out or monitoring by an inspector of remedial work and associated activities (including travelling and office time) in connection with a controlled consignment—
(j)

up to and including the first hour;

£37
(k)

thereafter, for each additional 15 minutes or part thereof

£9.25

Regulation 3(5A)

[F59SCHEDULE 5AE+SFees in connection with an application for a phytosanitary certificate or phytosanitary certificate for re-export

Textual Amendments

ServiceFee
The consideration of an application, including the issue, where appropriate, of a phytosanitary certificate or a phytosanitary certificate for re-export£15.00
The examination or testing of plants, plant products or other objects and associated activities (including travelling and office time):

(a)up to and including the first hour;

£27.00

(b)thereafter, for each additional 15 minutes or part thereof

£7.50.

Regulation 3(5B)

SCHEDULE 5BE+SFees in connection with an application for a WPM authorisation

Type of applicationFee
Application for a WPM authorisation, other than a renewal of an existing WPM authorisation£400.00
Application for a renewal of an existing WPM authorisation£120.00
Application for a re-assessment for the purposes a WPM authorisation£120.00]

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations revoke and replace the Plant Health (Fees) (Forestry) Regulations 2006 (S.I. 2006/2697) in relation to England and Scotland.

They implement Article 13d of 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 Community (OJ No L 169, 10.7.2000, p1). Article 13d requires member States to collect fees for documentary, identity and plant health checks carried out on certain consignments of wood, wood products and isolated bark originating in countries outside the European Union (“controlled consignments”).

Regulation 3 requires the following fees to be paid to the Forestry Commissioners—

(a)the fees specified in Schedule 1 for inspections in connection with an authority to issue plant passports under article 28 of the Plant Health (Forestry) Order 2005 (S.I. 2005/2517);

(b)the fees specified in Schedule 2 in connection with licences to which article 38 or 39 of the principal Order applies;

(c)the fees specified in Schedule 3 and regulation 3(5) for plant health checks on controlled consignments;

(d)the fees specified in Schedule 4 for documentary checks and identity checks on controlled consignments;

(e)the fees specified in Schedule 5 for the carrying out or monitoring of remedial work by an inspector under the Plant Health (Forestry) Order 2005 in connection with controlled consignments.

Schedule 3A to the Plant Health (Fees) (Forestry) Regulations 2006 (S.I. 2006/2697) set out reduced rate fees in relation to plant health checks on consignments of Acer saccharum from Canada. Under the procedure provided for in Articles 13a(2) and 18(2) of Council Directive 2000/29/EC, these consignments are no longer subject to reduced levels of plant health checks and are therefore no longer eligible for reduced rate fees.

Otherwise the fees remain the same as in the Plant Health (Fees) (Forestry) Regulations 2006.

An impact assessment has not been produced for this instrument as no impact on business or the private or voluntary sectors is foreseen. The Explanatory Memorandum for this instrument is available from the Forestry Commission, Silvan House, 231 Corstorphine Road, Edinburgh, EH12 7AT and alongside the instrument at www.legislation.gov.uk.

(1)

S.I. 1996/266, amended by S.I. 2011/1043; there are other amending instruments but none is relevant. Under section 1(2) of the Plant Health Act 1967 (c. 8), as amended by article 4(1) of, and paragraph 43 of Schedule 2 to, the Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), the Forestry Commissioners are the competent authority for England and Scotland as regards the protection of forest trees and timber from attack by pests.

(2)

1972 c. 68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7).

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