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.