The Plant Health etc. (Fees) (England) Regulations 2018

Statutory Instruments

2018 No. 289

Plant Health, England

Seeds, England

The Plant Health etc. (Fees) (England) Regulations 2018

Made

1st March 2018

Laid before Parliament

5th March 2018

Coming into force

6th April 2018

The Secretary of State makes these Regulations, with the consent of the Treasury, in exercise of the powers conferred by section 56(1) and (2) of the Finance Act 1973 M1 .

Marginal Citations

M1 1973 c.51; subsection (1) was amended by S.I. 2011/1043.

PART 1 E+W General

Citation, commencement, extent and application E+W

1.—(1) These Regulations may be cited as the Plant Health etc. (Fees) (England) Regulations 2018.

(2) They come into force on 6th April 2018.

(3) They extend to England and Wales, but apply in relation to England only.

Interpretation E+W

[F1 2.— (1) In these Regulations, “the F2 ... Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants.

(2) Words and expressions which are not defined in these Regulations and appear in the F3 ... 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 F3 ... instrument in question.]

Textual Amendments

F1 Reg. 2 substituted (14.12.2019) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488), regs. 1(1), 38(2)

F2 Word in reg. 2(1) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 2(2)(b), 4(2)(a)

F3 Word in reg. 2(2) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 2(2)(b), 4(2)(b)

PART 2 E+W Fees relating to plant health

Import inspection fees E+W

3.—(1) This regulation applies in relation to a third country consignment [F4 insofar as it includes] plants, plant products or other objects of a description specified in column 1 of the table in Schedule 1 that are [F5 described in [F6 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]] [F7 or any machinery or vehicles which have been operated for agricultural or forestry purposes].

[F8 (2) The fee payable by the importer of a third country consignment in respect of a documentary check of each phytosanitary certificate or phytosanitary certificate for re-export accompanying the consignment, is £5.25;

(2A) The fees payable by the importer of a third country consignment in respect of liability to a physical check and identity check that may be carried out on the consignment (whether or not any such check is carried out) are—

(a) (subject to paragraphs (2B) to (2E)) in the case of a consignment originating in an EU Member State, Liechtenstein or Switzerland, where the consignment includes plants, plant products or other objects of one or more descriptions specified in column 1 of the table in Schedule 1A, and originates in a country specified in the corresponding entry in column 2 of that table—

(i) the fee or fees specified in column 3 of that table in respect of a physical check of plants or plant products of each such description contained in the consignment; and

(ii) the fee or fees specified in column 4 of that table in respect of an identity check of plants or plant products of each such description contained in the consignment;

(b) in the case of a consignment originating in any other country—

(i) in the case of a Schedule 2 cut flower consignment which includes one lot of cut flowers—

(aa) the fee specified in column 3 of the table in Schedule 2 in respect of a physical check of those cut flowers; and

(bb) the fee specified in column 4 of that table in respect of an identity check of those cut flowers;

(ii) in the case of a Schedule 2 cut flower consignment which includes two or more lots of cut flowers—

(aa) a fee equal to the highest of the fees specified in column 3 of the table in Schedule 2 in respect of a physical check of any of those lots; and

(bb) the fee specified in column 4 of that table in respect of an identity check which corresponds to the fee payable under sub-paragraph (aa);

(iii) in the case of a Schedule 2 fruit or vegetable consignment which includes one lot of fruit or vegetables—

(aa) the fee specified in column 3 of the table in Schedule 2 in respect of a physical check of those fruit or vegetables; and

(bb) the fee specified in column 4 of that table in respect of an identity check of those fruit or vegetables;

(iv) in the case of a Schedule 2 fruit or vegetable consignment which includes two or more lots of fruit or vegetables—

(aa) a fee equal to the highest of the fees specified in column 3 of the table in Schedule 2 in respect of a physical check of any of those lots; and

(bb) the fee specified in column 4 of that table in respect of an identity check which corresponds to the fee payable under sub-paragraph (aa);

(v) in the case of a consignment which includes—

(aa) plants or plant products of any other description specified in the table in column 1 of Schedule 2, or

(bb) machinery or vehicles which have been operated for agricultural or forestry purposes,

insofar as (in either case) they originate in a country specified in column 2 of that table, the fee or fees specified in columns 3 and 4 of that table in respect of a physical check and identity check, respectively, of the plants or plant products of each such description contained in the consignment (other than any also specified in Schedule 1), and (so far as relevant) of machinery or vehicles;

(vi) where the consignment includes plants, plant products or other objects of one or more descriptions specified in column 1 of the table in Schedule 1—

(aa) the fee or fees specified in column 2 of that table in respect of a physical check of plants, plant products or other objects of each such description contained in the consignment;

(bb) the fee or fees specified in column 3 of that table in respect of an identity check of plants, plant products or other objects of each such description contained in the consignment.]

[F9 (2B) The fees payable under paragraph (2A)(a) in respect of liability to a physical check and identity check of cut flowers or fruit or vegetables are, irrespective of the number of lots contained in the consignment—

(a) in the case of a consignment including only cut flowers or only fruit or vegetables, those payable in respect of a single lot of the kind in question;

(b) in the case of a consignment including both cut flowers and fruit or vegetables, those payable in respect of a single lot of each kind.

(2C) The fees payable under paragraph (2A)(a) in respect of liability to a physical check and identity check of plants or plant products, so far as the plants or plant products are of a single relevant category and originate in the same country but fall within two or more descriptions specified in column 1 of the table in Schedule 1A, are the highest of the fees specified in respect of plants or plant products of any such description.

(2D) For the purpose of paragraph (2C), “relevant category”, in relation to plants or plant products, means any of the following categories of plants or plant products—

(a) bark;

(b) bulbs;

(c) corms;

(d) plants intended for planting;

(e) rhizomes;

(f) seeds;

(g) tissue cultures;

(h) tubers (other than tubers of potatoes).

(2E) No fee is payable under paragraph (2A)(a) in respect of any consignment imported before [F10 the end of the transitional staging period], where it would be payable in respect of any plants or plant products specified in Schedule 2A that are contained in that consignment.]

(3) In this regulation—

[F11 (a) “controlled plant pest” means a GB quarantine pest, a provisional GB quarantine pest, a PFA quarantine pest or a GB regulated non-quarantine pest;]

[F12 [F13 (aa) “Europe” includes Belarus, the Canary Islands, Georgia, Kazakhstan (except the area east of the Ural river), Russia (except the regions of Tyumen, Chelyabinsk, Irkutsk, Kemerovo, Kurgan, Novossibirsk, Omsk, Sverdlovsk, Tomsk, Chita, Kamchatka, Magadan, Amur and Skhalin, the territories of Krasnoyarsk, Altay, Khabarovsk and Primarie, and the republics of Sakha, Tuva and Buryatia), Ukraine and Turkey (except the area east of the Bosphorus Strait known as Anatolia);]

(ab) “lot” means one or more units of a single commodity, identifiable by its homogeneity of composition and origin, which form part of a consignment;

F14 (aba) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ac) “Schedule 2 cut flower consignment” means a consignment which includes cut flowers of a description specified in column 1 of the table in Schedule 2 originating in a country specified in column 2 of that table and does not include any other cut flowers to which this regulation applies;

(ad) “Schedule 2 fruit or vegetable consignment” means a consignment which includes fruit or vegetables of a description specified in column 1 of the table in Schedule 2 originating in a country specified in column 2 of that table and does not include any other fruit or vegetables to which this regulation applies;]

(b) “third country consignment” means a consignment that is introduced into England from a third country;

[F15 (ba) “the transitional staging period” has the meaning given in Annex 6 to 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.]

F16 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Words in reg. 3(1) substituted (1.10.2019) by The Plant Health etc. (Miscellaneous Fees) (England) (Amendment) Regulations 2019 (S.I. 2019/1257), regs. 2, 3(2)(a)(i)

F5 Words in reg. 3(1) substituted (14.12.2019) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488), regs. 1(1), 38(3)(a)

F6 Words in reg. 3(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 2(2)(b), 4(3)(a)

F7 Words in reg. 3(1) inserted (1.10.2019) by The Plant Health etc. (Miscellaneous Fees) (England) (Amendment) Regulations 2019 (S.I. 2019/1257), regs. 2, 3(2)(a)(ii)

F8 Reg. 3(2)(2A) substituted (1.6.2021) by The Plant Health etc. (Fees) (England) (Amendment) Regulations 2021 (S.I. 2021/625), regs. 1, 2(2)(a)

F9 Reg. 3(2B)-(2E) inserted (1.6.2021) by The Plant Health etc. (Fees) (England) (Amendment) Regulations 2021 (S.I. 2021/625), regs. 1, 2(2)(b)

F10 Words in reg. 3(2E) substituted (30.12.2021) by The Official Controls (Extension of Transitional Periods) (England and Wales) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/1443), regs. 1(1)(b), 4(2)(a)

F11 Words in reg. 3(3)(a) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 2(2)(b), 4(3)(b)(i)

F12 Reg. 3(3)(aa)-(ad) inserted (1.10.2019) by The Plant Health etc. (Miscellaneous Fees) (England) (Amendment) Regulations 2019 (S.I. 2019/1257), regs. 2, 3(2)(c)

F13 Reg. 3(3)(a)(aa) substituted (14.12.2019) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488), regs. 1(1), 38(3)(b)(i)

F14 Reg. 3(3)(aba) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 2(2)(b), 4(3)(b)(ii)

F15 Reg. 3(3)(ba) inserted (30.12.2021) by The Official Controls (Extension of Transitional Periods) (England and Wales) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/1443), regs. 1(1)(b), 4(2)(b)

F16 Reg. 3(3)(c) omitted (14.12.2019) by virtue of The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488), regs. 1(1), 38(3)(b)(iii)

Plant passport authorisation fees E+W

4.—(1) This regulation applies in relation to a plant passport authorisation.

(2) The [F17 fee specified in paragraph (3) is] payable in respect of an inspection and any associated activities which are carried out [F18 by, or on behalf of, the Secretary of State]—

(a) in connection with an application for a plant passport authorisation;

(b) for the purpose of monitoring compliance with any requirements imposed on the holder of a plant passport authorisation.

[F19 (3) A fee of £61.58 is payable for each 15 minutes (or part thereof) spent in carrying out the inspection and any associated activities at the relevant premises, subject to a minimum fee of £123.16.]

(4) An additional fee of [F20 £20.66] is payable where a person submits an application for a plant passport authorisation in paper form (and not online).

(5) Any fees payable under this regulation are payable by the person applying for a plant passport authorisation or the holder of a plant passport authorisation (as the case may be).

(6) In this regulation-

(a) “plant passport authorisation” means an authorisation to issue [F21 UK] plant passports F22 ...;

(b) “relevant premises”, in relation to an application for a plant passport authorisation or a plant passport authorisation, means the premises which are subject to the application or the authorisation.

Textual Amendments

F17 Words in reg. 4(2) substituted (1.10.2019) by The Plant Health etc. (Miscellaneous Fees) (England) (Amendment) Regulations 2019 (S.I. 2019/1257), regs. 2, 3(3)(a)

F18 Words in reg. 4(2) inserted (14.12.2019) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488), regs. 1(1), 38(4)(a)

F19 Reg. 4(3) substituted (1.10.2019) by The Plant Health etc. (Miscellaneous Fees) (England) (Amendment) Regulations 2019 (S.I. 2019/1257), regs. 2, 3(3)(b)

F20 Sum in reg. 4(4) substituted (1.10.2019) by The Plant Health etc. (Miscellaneous Fees) (England) (Amendment) Regulations 2019 (S.I. 2019/1257), regs. 2, 3(3)(c)

F21 Word in reg. 4(6)(a) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 2(2)(b), 4(4)

F22 Words in reg. 4(6)(a) omitted (14.12.2019) by virtue of The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488), regs. 1(1), 38(4)(b)

Plant health licence fees E+W

5.—(1) The fees specified in the table in Schedule 4 are payable in respect of—

(a) an application for a licence [F23 made to the Secretary of State];

(b) any other activity specified in column 1 of that table which is carried out in connection with a licence [F24 granted by the Secretary of State].

(2) The amount of any fee payable in respect of an application for a licence or any other activity specified in column 1 of the table in Schedule 4 is the amount specified in the corresponding entry in column 3 of that table, determined in accordance with the entries in respect of that service (if any) in column 2 of that table.

(3) The fee payable in respect of the monitoring of licence terms and conditions is payable for each 15 minutes (or part thereof) spent in carrying out the inspection and any associated activities at the premises which are subject to the licence, subject to the minimum fee specified.

(4) Any fee payable under this regulation is payable by the person who submits an application for a licence or the licence holder (as the case may be).

(5) In this regulation, “licence” means [F25 an authorisation [F26 described in regulation 20(1)(a) or (b)(i) or 21(1)(b) of the Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019]].

Textual Amendments

F23 Words in reg. 5(1)(a) inserted (14.12.2019) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488), regs. 1(1), 38(5)(a)(i)

F24 Words in reg. 5(1)(b) inserted (14.12.2019) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488), regs. 1(1), 38(5)(a)(ii)

F25 Words in reg. 5(5) substituted (14.12.2019) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488), regs. 1(1), 38(5)(b)

F26 Words in reg. 5(5) substituted (15.10.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/1014), regs. 1(1), 4

[F27 Export certification services and pre-export services: fees E+W

5A.— (1) [F28 Subject to paragraph (4A),] the fees specified in the table in Schedule 4A (“the table”) are payable in respect of the services described in column 1 of the table by a person who applies to the Secretary of State for a certificate or a pre-export service.

(2) The amount of the fee in respect of any service described in column 1 of the table is—

(a) in the case of a small exporter who, at the date of the application, has only been liable during the financial year in which the application is made to pay fees of £750 or less in respect of the services described in column 1 of the table, the amount specified in the corresponding entry in column 2 of the table;

(b) in any other case, the amount specified in the corresponding entry in column 3 of the table.

(3) The fees specified in columns 2 and 3 of the table in respect of an inspection of a consignment or an audit of a grain inspection are payable for each 15 minutes (or part thereof) spent in carrying out the inspection or audit and any associated activities, subject to the minimum fees specified in those entries.

(4) Where a person submits an application for a certificate or a pre-export service or a request to amend a certificate in paper form (and not online), the following additional fee is payable in respect of the application or request—

(a) in the case of a small exporter who, at the date of the application or request, has only been liable during the financial year in which the application or request is made to pay fees of £750 or less in respect of the services described in column 1 of the table, £7.88;

(b) in any other case, £15.76.

[F29 (4A) The fees specified in Schedule 4A are 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.

(4B) Paragraph (4A) ceases to have effect at the end of 31st December 2022.]

(5) In this regulation—

“certificate” means either a phytosanitary certificate for export or a phytosanitary certificate for re-export;

“pre-export service” means any plant health inspection or examination, including by the taking of samples, which is required to be carried out in relation to a plant, plant product or other object which is to be exported F30 ... in order to satisfy the [F31 relevant phytosanitary import requirements within the meaning of Article 99a of the Plant Health Regulation], other than any such inspection or examination required for the issue of a certificate;

[F32 “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.]

“small exporter” means a person who—

(a)

in the financial year in which the application or request is made—

(i)

is not a taxable person for the purposes of the Value Added Tax Act 1994; or

(ii)

does not make a taxable supply of plants, plant products, seeds, soil or agricultural machinery for the purposes of the Value Added Tax Act 1994; or

(b)

in the financial year preceding the year in which the application or request is made, exported goods which were accompanied by a certificate the total value of which was less than £5,000.]

Textual Amendments

F27 Reg. 5A inserted (14.12.2019) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488), regs. 1(1), 38(6)

F28 Words in reg. 5A(1) inserted (27.5.2021) by The Plant Health etc. (Miscellaneous Fees) (Amendment) (England) Regulations 2021 (S.I. 2021/623), regs. 1(2), 3(2)(a)

F29 Reg. 5A(4A)(4B) inserted (27.5.2021) by The Plant Health etc. (Miscellaneous Fees) (Amendment) (England) Regulations 2021 (S.I. 2021/623), regs. 1(2), 3(2)(b)

F30 Words in reg. 5A(5) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 2(2)(b), 4(5)(a)

F31 Words in reg. 5A(5) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 2(2)(b), 4(5)(b)

F32 Words in reg. 5A(5) inserted (27.5.2021) by The Plant Health etc. (Miscellaneous Fees) (Amendment) (England) Regulations 2021 (S.I. 2021/623), regs. 1(2), 3(2)(c)

Potatoes originating in Egypt: fee E+W

6.—(1) Where an [F33 official plant health officer] takes a sample of potatoes originating in Egypt in order to ascertain F34 ... those potatoes are infected with Ralstonia solanacearum (Smith) Yabuuchi et al., the importer must pay a fee of [F35 £70.83] in respect of each lot sampled.

F36 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F33 Words in reg. 6(1) substituted (14.12.2019) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488), regs. 1(1), 38(7)

F34 Words in reg. 6(1) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 2(2)(b), 4(6)(a)

F35 Sum in reg. 6(1) substituted (1.10.2019) by The Plant Health etc. (Miscellaneous Fees) (England) (Amendment) Regulations 2019 (S.I. 2019/1257), regs. 2, 3(4)

F36 Reg. 6(2) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 2(2)(b), 4(6)(b)

Potatoes originating in Lebanon: fee E+W

F37 6A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F37 Reg. 6A omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 2(2)(b), 4(7)

Potatoes originating in Lebanon: fee E+W

F38 7.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F38 Reg. 7 omitted (14.12.2019) by virtue of The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488), regs. 1(1), 38(8)

PART 3 E+W Fees relating to the certification of seed potatoes and fruit plants and fruit plant propagating material

Seed potatoes: fees E+W

8.—(1) The fees specified in the table in Schedule 5 are payable in respect of the activities specified in column 1 of that table which relate to an application for the certification of seed potatoes in accordance with regulation 10 of the Seed Potatoes (England) Regulations 2015 M2 .

(2) The fees specified in column 2 of the table in Schedule 5 are payable subject to the minimum fees (if any) specified in the corresponding entries in column 3 of that table.

(3) The [F39 fees] specified in column 2 of the table in Schedule 5 in respect of an inspection of [F40 growing crops for certification as Union grade PBTC and an inspection of harvested tubers are] payable for each 15 minutes (or part thereof) spent in carrying out the inspection and any associated activities at the relevant premises.

(4) An additional fee of [F41 £15.76] is payable where a person submits an application for the certification of seed potatoes in paper form (and not online).

[F42 (4A) Where a person submits an application for the provision of printed labels, the following additional fee is payable—

(a) in the case of an application submitted online, £11.45;

(b) in the case of an application submitted in paper form, £15.61.]

(5) Any fees payable under this regulation are payable by the applicant.

(6) In paragraph (3), “relevant premises” means the premises at which [F43 the growing crops for certification as Union grade PBTC or] the harvested tubers to be inspected are located.

Textual Amendments

F39 Word in reg. 8(3) substituted (21.5.2018) by The Plant Health etc. (Fees) (England) (Amendment) Regulations 2018 (S.I. 2018/510), regs. 1, 2(2)(a)(i)

F40 Words in reg. 8(3) substituted (21.5.2018) by The Plant Health etc. (Fees) (England) (Amendment) Regulations 2018 (S.I. 2018/510), regs. 1, 2(2)(a)(ii)

F41 Sum in reg. 8(4) substituted (1.10.2019) by The Plant Health etc. (Miscellaneous Fees) (England) (Amendment) Regulations 2019 (S.I. 2019/1257), regs. 2, 3(5)(a)

F42 Reg. 8(4A) inserted (1.10.2019) by The Plant Health etc. (Miscellaneous Fees) (England) (Amendment) Regulations 2019 (S.I. 2019/1257), regs. 2, 3(5)(b)

F43 Words in reg. 8(6) inserted (21.5.2018) by The Plant Health etc. (Fees) (England) (Amendment) Regulations 2018 (S.I. 2018/510), regs. 1, 2(2)(b)

Marginal Citations

M2 S.I. 2015/1953.

Fruit plants and fruit plant propagating material: fees E+W

9.—(1) The fee specified in paragraph (2) is payable in connection with an application for the certification of fruit plants and fruit plant propagating material in accordance with regulation 9 of the Marketing of Fruit Plant and Propagating Material (England) Regulations 2017 M3 .

[F44 (2) A fee of £26.00 per each 15 minutes (or part thereof) is payable in respect of time spent in carrying out an official examination and any associated activities at the relevant premises for the purposes of certifying the material, subject to a minimum fee of £52.00.]

(3) Any fees payable under this regulation are payable by the applicant.

(4) In paragraph (2), “relevant premises” means the premises at which the material to be certified is located.

Textual Amendments

F44 Reg. 9(2) substituted (1.10.2019) by The Plant Health etc. (Miscellaneous Fees) (England) (Amendment) Regulations 2019 (S.I. 2019/1257), regs. 2, 3(6)

Marginal Citations

M3 S.I. 2017/595.

PART 4 E+W Payment of fees

Payment of fees E+W

10.  Fees payable under these Regulations are payable to the Secretary of State on demand.

Suspension of registration E+W

11.—(1) Where any sum due by way of, or on account of, any fee or any part of a fee payable by a [F45 registered professional operator] under Part 2 of these Regulations remains unpaid, the Secretary of State may—

(a) recover the sum as a civil debt, or

(b) after giving one month's written notice, suspend the [F46 operator’s] registration until such sum has been paid.

F47 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F45 Words in reg. 11(1) substituted (14.12.2019) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488), regs. 1(1), 38(9)(a)(i)

F46 Word in reg. 11(1)(b) substituted (14.12.2019) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488), regs. 1(1), 38(9)(a)(ii)

F47 Reg. 11(2) omitted (14.12.2019) by virtue of The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488), regs. 1(1), 38(9)(b)

PART 5 E+W Revocations

Revocations E+W

12.  The instruments listed in Schedule 6 are revoked.

Gardiner of Kimble

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

We consent

Andrew Stephenson

Rebecca Harris

Two of the Lords Commissioners of Her Majesty's Treasury

Regulation 3(1) and (2A)(b)(vi)

[F48 SCHEDULE 1 E+W Import inspection fees: Consignments originating in countries other than an EU Member State, Liechtenstein or Switzerland

Textual Amendments

F48 Sch. 1 substituted (1.6.2021) by The Plant Health etc. (Fees) (England) (Amendment) Regulations 2021 (S.I. 2021/625), regs. 1, 2(3)

Column 1 Description of Plant, plant product or other object	Column 2 Fee: Physical check (£)	Column 3 Fee: Identity check (£)
Cuttings, seedlings (except forestry reproductive material), young plants of strawberries or of vegetables	173.91	5.25
Shrubs, trees (other than cut Christmas trees), other woody nursery plants including forest reproductive material (other than seed)	182.38	5.25
Bulbs, corms, rhizomes, tubers, intended for planting (other than tubers of potatoes)	205.04	5.25
Seeds, tissue cultures	128.13	5.25
Other plants intended for planting, not specified elsewhere in this table	182.38	5.25
Cut flowers	42.75	5.25
Branches with foliage, parts of conifers (other than cut Christmas trees)	33.99	5.25
Cut Christmas trees	119.64	5.25
Leaves of plants, such as herbs, spices and leafy vegetables	71.68	5.25
Fruits, vegetables (other than leafy vegetables)	53.10	5.25
Tubers of potatoes	156.69	5.25
Soil and growing medium, bark	119.64	5.25
Grain	142.98	5.25
Other plants or plant products, not specified elsewhere in this table, except forest trees	22.73	5.25.]

Regulation 3(2A)(a)

[F49 SCHEDULE 1A E+W Import inspection fees: consignments originating in an EU Member State, Liechtenstein or Switzerland

Textual Amendments

F49 Sch. 1A inserted (1.6.2021) by The Plant Health etc. (Fees) (England) (Amendment) Regulations 2021 (S.I. 2021/625), regs. 1, 2(4)

Column 1 Plant, plant product or other object and genus (if applicable)	Column 2 Country of origin	Column 3 Fee: Physical check (£)	Column 4 Fee: Identity check (£)
(1) “Intended for final users” includes clearly packed and ready for supply to final users, identifiable as being for use by landscapers or contractors for planting at the final site of the plants and where additional packing or preparation (excluding multiplication, propagation or growing on) is required before making plants available to final users.
(2) “All” means any EU Member State, Liechtenstein or Switzerland.]
Cuttings, seedlings (except forestry reproductive material), young plants of strawberries or of vegetables, not intended for final users(1)
All genera	All(2)	173.91	5.25
Bulbs, corms, rhizomes, tubers, (other than tubers of potatoes), not intended for final users(1)
All genera	All(2)	205.04	5.25
Bulbs, corms, rhizomes, tubers, (other than tubers of potatoes), intended for final users(1)
All genera	All(2)	20.50	0.52
Seeds, not intended for final users(1)
Allium cepa L.	All(2)	128.13	5.25
Allium porrum L.	All(2)	128.13	5.25
Castanea Mill.	All(2)	128.13	5.25
Capsicum spp. L.	All(2)	128.13	5.25
Helianthus annuus L.	All(2)	128.13	5.25
Medicago sativa L.	All(2)	128.13	5.25
Phaseolus cocineus	All(2)	128.13	5.25
Phaseolus vulgaris L.	All(2)	128.13	5.25
Solanum lycopersicum L.	All(2)	128.13	5.25
Solanum tuberosum L. (True potato seed)	All(2)	128.13	5.25
Vegetable seeds of Pisum sativum L. and Vicia faba L.	All(2)	128.13	5.25
Seeds of oil and fibre plants of—
Brassica napus L.	All(2)	128.13	5.25
Brassica rapa L.	All(2)	128.13	5.25
Sinapis alba L.	All(2)	128.13	5.25
Glycine max (L.) Merrill	All(2)	128.13	5.25
Linum usitatissimum L.	All(2)	128.13	5.25
Seeds, intended for final users(1)
Allium cepa L.	All(2)	6.40	0.26
Allium porrum L.	All(2)	6.40	0.26
Castanea Mill.	All(2)	6.40	0.26
Capsicum spp. L.	All(2)	6.40	0.26
Helianthus annuus L.	All(2)	6.40	0.26
Medicago sativa L.	All(2)	6.40	0.26
Phaseolus cocineus	All(2)	6.40	0.26
Phaseolus vulgaris L.	All(2)	6.40	0.26
Solanum lycopersicum L.	All(2)	6.40	0.26
Solanum tuberosum L. (True potato seed)	All(2)	6.40	0.26
Vegetable seeds of Pisum sativum L. and Vicia faba L.	All(2)	6.40	0.26
Seeds of oil and fibre plants of—
Brassica napus L.	All(2)	6.40	0.26
Brassica rapa L.	All(2)	6.40	0.26
Sinapis alba L.	All(2)	6.40	0.26
Glycine max (L.) Merrill	All(2)	6.40	0.26
Linum usitatissimum L.	All(2)	6.40	0.26
Other seeds not specified elsewhere in this table
All genera	All(2)	3.84	0.15
Tissue cultures, not intended for final users(1)
All genera	All(2)	128.13	5.25
Tissue cultures, intended for final users(1)
All genera	All(2)	6.40	0.26
Plants intended for planting (other than cut Christmas trees), not intended for final users(1)
All genera	All(2)	182.38	5.25
Other plants intended for planting not specified elsewhere in this table, intended for final users(1)
All genera	All(2)	18.23	0.52
Cut flowers
All genera	All(2)	1.28	0.15
Branches with foliage, parts of Conifers other than bark or cut Christmas trees
All genera	All(2)	1.02	0.15
Cut Christmas trees
All genera	All(2)	3.58	0.15
Leaves of plants, such as herbs, spices and leafy vegetables
All genera	All(2)	2.15	0.15
Fruit or vegetables
All genera	All(2)	1.59	0.15
Tubers of potatoes
Solanum tuberosum L. intended for planting (seed potatoes)	All(2)	156.69	5.25
Solanum tuberosum L. (ware potatoes)	Poland, Portugal or Romania	78.34	2.62
Solanum tuberosum L. (ware potatoes)	Spain	156.69	5.25
Solanum tuberosum L. (ware potatoes)	Any other EU Member State, Liechtenstein or Switzerland	4.70	0.15
Soil and growing medium, bark
Bark of—
Castanea Mill.	All(2)	5.98	0.26
Conifers (Pinales)	All(2)	5.98	0.26
Juglans L.	All(2)	5.98	0.26
Pterocarya Kunth.	All(2)	5.98	0.26
Soil and growing medium, bark
Bark of all genera not specified elsewhere in this table	All(2)	3.58	0.15
Grain
All genera	All(2)	4.28	0.15
Other plants or plant products not specified elsewhere in this table, other than forest trees, soil and growing medium
All genera	All(2)	0.68	0.15
Machinery or vehicles which have been operated for agricultural or forestry purposes
—	All(2)	5.98	0.26

Regulation 3(2A)(b)(i) to (v) and (3)

[F50 SCHEDULE 2 E+W Import inspection fees: Reduced rates for consignments originating in countries other than an EU Member State, Liechtenstein or Switzerland

Textual Amendments

F50 Sch. 2 substituted (1.6.2021) by The Plant Health etc. (Fees) (England) (Amendment) Regulations 2021 (S.I. 2021/625), regs. 1, 2(5)

Column 1 Plant, plant product or other object and genus (if applicable)	Column 2 Country of origin	Column 3 Fee: Physical check (£)	Column 4 Fee: Identity check (£)
(1) “Third country in Europe” includes Albania, Andorra, Armenia, Azerbaijan, Belarus, Bosnia and Herzegovina, Canary Islands, the Faeroe Islands, Georgia, Iceland, Moldova, Monaco, Montenegro, North Macedonia, Norway, Russia (only the following parts: Central Federal District (Tsentralny federalny okrug), 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).]
Cut flowers
Aster	Zimbabwe	32.06	3.93
Dianthus	Columbia	1.28	0.15
	Ecuador	6.41	0.78
	Kenya	2.14	0.26
	Turkey	6.41	0.78
Rosa	Columbia	1.28	0.15
	Ecuador	0.43	0.05
	Ethiopia	2.14	0.26
	Kenya	4.28	0.52
	Tanzania	21.38	2.62
	Zambia	4.28	0.52
Branches with foliage, parts of Conifers (other than cut Christmas trees)
Phoenix	Costa Rica	17.00	2.62
Fruit
Carica papaya	Any third country other than an EU Member State, Liechtenstein or Switzerland	2.66	0.26
Cydonia	Any third country in Europe(1) other than an EU Member State, Liechtenstein or Switzerland	2.66	0.26
Fragaria	Any third country other than an EU Member State, Liechtenstein or Switzerland	2.66	0.26
Malus	Any third country in Europe(1) other than an EU Member State, Liechtenstein or Switzerland	2.66	0.26
	Argentina	18.59	1.83
	Brazil	26.55	2.62
	Chile	2.66	0.26
	New Zealand	5.31	0.52
	South Africa	2.66	0.26
Persea Americana	Any third country other than an EU Member State, Liechtenstein or Switzerland	2.66	0.26
Prunus	Any third country in Europe(1) other than an EU Member State, Liechtenstein or Switzerland	2.66	0.26
	Argentina	39.83	3.93
	Chile	5.31	0.53
	Morocco	26.55	2.62
	Turkey	18.59	1.83
Prunus other than prunus persica	South Africa	5.31	0.26
Pyrus	Any third country in Europe(1) other than an EU Member State, Liechtenstein or Switzerland	2.66	0.26
	Argentina	7.97	0.78
	Chile	7.97	0.78
	China	26.55	2.62
	South Africa	5.31	0.53
Ribes	Any third country in Europe(1) other than an EU Member State, Liechtenstein or Switzerland	2.66	0.26
Rubus	Any third country other than an EU Member State, Liechtenstein or Switzerland	2.66	0.26
Vaccinium	Any third country in Europe(1) other than an EU Member State, Liechtenstein or Switzerland	2.66	0.26
	Argentina	13.28	1.31
	Chile	5.31	0.53
	Peru	5.31	0.53
Vitis	Any third country other than an EU Member State, Liechtenstein or Switzerland	2.66	0.26
Vegetables
Solanum lycopersicon	Canary Islands	2.66	0.26
	Morocco	2.66	0.26
Solanum melongena	Turkey	7.97	1.31
Machinery or vehicles which have been operated for agricultural or forestry purposes
—	Any third country	5.98	0.26

Regulation 3(2E)

[F51 SCHEDULE 2A E+W List of plants or plant products originating in an EU Member State, Liechtenstein or Switzerland subject to fees for physical checks and identity checks from [F52 the end of the transitional staging period]

Textual Amendments

F51 Sch. 2A inserted (1.6.2021) by The Plant Health etc. (Fees) (England) (Amendment) Regulations 2021 (S.I. 2021/625), regs. 1, 2(6)

F52 Words in Sch. 2A title substituted (30.12.2021) by The Official Controls (Extension of Transitional Periods) (England and Wales) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/1443), regs. 1(1)(b), 4(3)

1.   Seeds referred to in Schedule 1A as falling within the description “Other seeds not specified elsewhere in this table”. E+W

2.   Cut flowers. E+W

3.   Branches with foliage, parts of Conifers other than bark or cut Christmas trees. E+W

4.   Cut Christmas trees. E+W

5.   Leaves of plants, such as herbs, spices and leafy vegetables. E+W

6.   Fruit. E+W

7.   Vegetables. E+W

8.   Tubers of potatoes originating in any EU Member State (other than Portugal, Poland, Romania and Spain), Liechtenstein or Switzerland. E+W

9.   Bark of all genera other than Castanea Mill, conifers (Pinales), Juglans L and Pterocarya Kunth. E+W

10.   Grain. E+W

11.   Plants or plant products referred to in Schedule 1A as falling within the description “Other plants or plant products not specified elsewhere in this table, other than forest trees, soil and growing medium”.] E+W

Regulation 4(2)

F53 SCHEDULE 3 E+W Plant passport authorisation fees

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F53 Sch. 3 omitted (1.10.2019) by virtue of The Plant Health etc. (Miscellaneous Fees) (England) (Amendment) Regulations 2019 (S.I. 2019/1257), regs. 2, 3(9)

Regulation 5(1)

[F54 SCHEDULE 4 E+W Plant health licence fees

Textual Amendments

F54 Sch. 4 substituted (1.10.2019) by The Plant Health etc. (Miscellaneous Fees) (England) (Amendment) Regulations 2019 (S.I. 2019/1257), regs. 2, 3(10)

In this Schedule—

“period 1” means the period ending on 31stMarch 2020;

“period 2” means the period beginning on 1st April 2020 and ending on 30th September 2020.

Column 1 Type of application or inspection	Column 2 Date of application	Column 3 Fee(£)
Application for a licence for scientific or trial purposes, other than— —a licence in respect of the analysis of soil or other growing medium —a licence for scientific or trial purposes covering 5 or more items		995.36
Application for a licence for scientific or trial purposes covering 5 or more items		995.36, plus 52.45 per item in excess of 5 items
Application for a licence in respect of the analysis of soil or other growing medium, other than a licence in respect of the analysis of soil or other growing medium covering 5 or more items		745.41
Application for a licence in respect of the analysis of soil or other growing medium covering 5 or more items		745.41, plus 52.45 per item in excess of 5 items
Application for a variation of a licence with changes requiring scientific or technical assessment		380.25
Application for any other licence		42.50
Issue of an annual letter of authority		42.50
Monitoring compliance with licence terms and conditions	In the case of monitoring undertaken during period 1	69.75 for each 15 minutes (or part thereof), subject to a minimum fee of 139.50
	In the case of monitoring undertaken during period 2	81.25 for each 15 minutes (or part thereof), subject to a minimum fee of 162.50
	In the case of monitoring undertaken on or after 1st October 2020	92.67 for each 15 minutes (or part thereof), subject to a minimum fee of 185.34]

Regulation 5A

[F55 SCHEDULE 4A E+W Fees for export certification services and pre-export services

Textual Amendments

F55 Sch. 4A inserted (14.12.2019) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488), regs. 1(1), 38(10)

(1) Service	(2) Fee - Small Exporter (£)	(3) Fee – other Exporter (£)
Inspection of consignment	31.90 for each 15 minutes (or part thereof), subject to a minimum fee of 63.80	63.80 for each 15 minutes (or part thereof), subject to a minimum fee of 127.60
Audit of a grain inspection	13.20 for each 15 minutes (or part thereof), subject to a minimum fee of 26.40	26.40 for each 15 minutes (or part thereof), subject to a minimum fee of 52.80
Laboratory examination (including laboratory testing)	16.78 per sample tested	33.56 per sample tested
Issue of certificate	12.76 per certificate	25.52 per certificate
Amendment of a certificate at the request of the exporter	7.88 per certificate	15.76 per certificate]

Regulation 8(1)

[F56 SCHEDULE 5 E+W Seed potatoes: fees

Textual Amendments

F56 Sch. 5 substituted (1.10.2019) by The Plant Health etc. (Miscellaneous Fees) (England) (Amendment) Regulations 2019 (S.I. 2019/1257), regs. 2, 3(11)

Column 1 Activity	Column 2 Fee (£)	Column 3 Minimum fee (£)
Soil sampling and testing for Potato Cyst Nematode
Soil sampling and testing for the purposes of paragraph 4, 7 or 10 of Schedule 1 to the Seed Potatoes (England) Regulations 2015	24.75 for each hectare (or part thereof) sampled and tested
Inspection of growing crop
Certification as pre-basic seed potatoes: Union grade PBTC	30.39 for each 15 minutes (or part thereof)	60.78
Certification as pre-basic seed potatoes: Union grade PB	12.16 per each 0.1 hectare (or part thereof) inspected	60.75
Certification as basic seed potatoes: Union grade S	10.57 per each 0.1 hectare (or part thereof) inspected	105.70
Certification as basic seed potatoes: Union grade SE	10.57 per each 0.1 hectare (or part thereof) inspected	105.70
Certification as basic seed potatoes: Union grade E	10.33 per each 0.1 hectare (or part thereof) inspected	103.30
Certification as certified seed potatoes: Union grade A or B	9.39 per each 0.1 hectare (or part thereof) inspected	93.90
Inspection of harvested tubers
Inspection	40.55 for each 15 minutes (or part thereof)	81.10
Provision of labels and seals in respect of application
Printed labels for bags holding 50 kgs of seed potatoes or less	0.05 per label
Printed labels and seals for bags holding more than 50 kgs of seed potatoes	0.11 per label (including seal)
Blank labels and seals	0.16 per label (including seal)]

Regulation 12

SCHEDULE 6 E+W Revocations

• — The Plant Health (Fees) (England) Regulations 2014 M4 .

• — The Plant Health (Fees) (England) (Amendment) Regulations 2014 M5 .

• — The Plant Health (Fees) (England) (Amendment) Regulations 2015 M6 .

• — The Plant Health (Fees) (England) (Amendment) Regulations 2016 M7 .

• — The Plant Health (Fees) (England) (Amendment) Regulations 2017 M8 .

• — The Plant Health (Fees) (England) (Amendment) Regulations 2018 M9 .

Marginal Citations

M4 S.I. 2014/601, amended by S.I. 2014/3243, 2015/1996, 2016/1255. 2017/125, 2018/15.

M5 S.I. 2014/3243.

M6 S.I. 2015/1996.

M7 S.I. 2016/1225.

M8 S.I. 2017/125.

M9 S.I. 2018/15.

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply to England only, specify fees payable to the Secretary of State in relation to plant health services and the certification of seed potatoes and fruit plants and fruit plant propagating material. They revoke and replace the Plant Health Fees (England) Regulations 2014 (S.I. 2014/601).

The fees specified in regulations 3, 6 and 7 are payable in relation to imports of plants, plant products and other objects from third countries pursuant to the requirements of Article 13 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, p. 1).

The fees specified in regulations 4 and 5 are payable in relation to other inspections and activities carried out pursuant to Council Directive 2000/29/EC.

The fees specified in regulation 8 are payable in relation to certain inspections and other activities carried out pursuant to Council Directive 2002/56/EC on the marketing of seed potatoes (OJ No L 193, 20.7.2002, p. 60).

The fees specified in regulation 9 are payable in relation to certain inspections and other activities carried out pursuant to Council Directive 2008/90/EC on the marketing of fruit plant propagating material and fruit plants intended for fruit production (OJ No L 267, 8.10.2008, p. 8).

An impact assessment has not been produced for this instrument as no, no significant, impact on the private, voluntary or public sector is foreseen.