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

Welsh Statutory Instruments

2018 No. 1179 (W. 238)

Plant Health, Wales

Seeds, Wales

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

Made

13 November 2018

Laid before the National Assembly for Wales

15 November 2018

Coming into force

10 December 2018

The Welsh Ministers make 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 and now vested in them M2 .

Marginal Citations

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

M2 By virtue of section 59(5) of the Government of Wales Act 2006 (c.32).

PART 1 W General

Title, commencement and application W

1.—(1) The title of these Regulations is the Plant Health etc. (Fees) (Wales) Regulations 2018.

(2) They come into force on 10 December 2018.

(3) They apply in relation to Wales.

Interpretation W

2.  In these Regulations, “ the 2018 Order” means the Plant Health (Wales) Order 2018 M3 .

Marginal Citations

M3 S.I. 2018/1064 (W. 223).

PART 2 W Fees relating to plant health

Import inspection fees W

3.—(1) This regulation applies in relation to a third country consignment [F1 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 listed in Schedule 5 to the 2018 Order [F2 or any machinery or vehicles which have been operated for agricultural or forestry purposes].

(2) The following fees are payable by the importer of a third country consignment—

(a) in respect of each phytosanitary certificate or phytosanitary certificate for re-export accompanying the consignment, a fee of [F3 £10.51];

[F4 (b) in the case of—

(i) a Schedule 2 cut flower consignment which includes—

(aa) one lot of cut flowers, the fee specified in respect of those cut flowers in column 3 of the table in Schedule 2;

(bb) two or more lots of cut flowers, a fee equal to the amount of the highest of the fees specified in respect of those lots in column 3 of that table;

(ii) a Schedule 2 fruit or vegetable consignment which includes—

(aa) one lot of fruit or vegetables, the fee specified in respect of those fruit or vegetables in column 3 of the table in Schedule 2;

(bb) two or more lots of fruit or vegetables, a fee equal to the amount of the highest of the fees specified in respect of those lots in column 3 of that table;

(c) in the case of a consignment which—

(i) includes cut branches of Phoenix spp. originating in Costa Rica and no other cut branches to which this regulation applies, the fee specified in respect of those cut branches in column 3 of the table in Schedule 2;

(ii) in the case of any other consignment to which this regulation applies—

(aa) where the consignment includes any machinery or vehicles that have been operated for agricultural or forestry purposes, a fee of £5.98;

(bb) where the consignment includes plants, plant products or other objects of a description specified in column 1 of the table in Schedule 1, the fee or fees specified in respect of those plants, plant products or other objects in column 2 of that table;]

(d) where an inspector suspects that the consignment is infected with a controlled plant pest and takes a sample from the consignment for laboratory testing to confirm the presence or otherwise of the pest, a fee of [F5 £147.35] for each sample tested.

(3) In this regulation—

(a) “controlled plant pest” has the meaning given in article 32(7)(a) of the 2018 Order;

[F6 (aa) “Europe” has the meaning given in article 2(1) of the 2018 Order;

(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;

(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 Wales from a third country;

(c) “third country” has the meaning given in article 2(1) of the 2018 Order.

Textual Amendments

F1 Words in reg. 3(1) substituted (14.11.2019) by The Plant Health etc. (Miscellaneous Fees) (Wales) (Amendment) Regulations 2019 (S.I. 2019/1378), regs. 1(2), 3(2)(a)(i)

F2 Words in reg. 3(1) inserted (14.11.2019) by The Plant Health etc. (Miscellaneous Fees) (Wales) (Amendment) Regulations 2019 (S.I. 2019/1378), regs. 1(2), 3(2)(a)(ii)

F3 Sum in reg. 3(2)(a) substituted (14.11.2019) by The Plant Health etc. (Miscellaneous Fees) (Wales) (Amendment) Regulations 2019 (S.I. 2019/1378), regs. 1(2), 3(2)(b)(i)

F4 Reg. 3(2)(b)(c) substituted (14.11.2019) by The Plant Health etc. (Miscellaneous Fees) (Wales) (Amendment) Regulations 2019 (S.I. 2019/1378), regs. 1(2), 3(2)(b)(ii)

F5 Sum in reg. 3(2)(d) substituted (14.11.2019) by The Plant Health etc. (Miscellaneous Fees) (Wales) (Amendment) Regulations 2019 (S.I. 2019/1378), regs. 1(2), 3(2)(b)(iii)

F6 Reg. 3(3)(aa)-(ad) inserted (14.11.2019) by The Plant Health etc. (Miscellaneous Fees) (Wales) (Amendment) Regulations 2019 (S.I. 2019/1378), regs. 1(2), 3(2)(c)

Plant passport authorisation fees W

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

(2) The [F7 fee specified in paragraph (3) is] payable in respect of an inspection and any associated activities which are carried out—

(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.

[F8 (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 [F9 £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 plant passports conferred under article 29 of the 2018 Order;

(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

F7 Words in reg. 4(2) substituted (14.11.2019) by The Plant Health etc. (Miscellaneous Fees) (Wales) (Amendment) Regulations 2019 (S.I. 2019/1378), regs. 1(2), 3(3)(a)

F8 Reg. 4(3) substituted (14.11.2019) by The Plant Health etc. (Miscellaneous Fees) (Wales) (Amendment) Regulations 2019 (S.I. 2019/1378), regs. 1(2), 3(3)(b)

F9 Sum in reg. 4(4) substituted (14.11.2019) by The Plant Health etc. (Miscellaneous Fees) (Wales) (Amendment) Regulations 2019 (S.I. 2019/1378), regs. 1(2), 3(3)(c)

Plant health licence fees W

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

(a) an application for a licence;

(b) any other activity specified in column 1 of that table which is carried out in connection with a licence.

(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 a licence described in article 40 or 41 of the 2018 Order.

Potatoes originating in Egypt: fee W

6.—(1) Where an inspector takes a sample of potatoes originating in Egypt in order to ascertain whether, for the purposes of paragraph 5 of the Annex to the Decision, those potatoes are infected with Ralstonia solanacearum (Smith) Yabuuchi et al., the importer must pay a fee of [F10 £70.83] in respect of each lot sampled.

(2) In paragraph (1), “the Decision” means Commission Implementing Decision 2011/787/EU authorising Member States temporarily to take emergency measures against the dissemination of Ralstonia solanacearum (Smith) Yabuuchi et al. as regards Egypt M4 .

Textual Amendments

F10 Sum in reg. 6(1) substituted (14.11.2019) by The Plant Health etc. (Miscellaneous Fees) (Wales) (Amendment) Regulations 2019 (S.I. 2019/1378), regs. 1(2), 3(4)

Marginal Citations

M4 OJ No L 319, 2.12.2011, p. 112.

Potatoes originating in Lebanon: fee W

7.—(1) Where an inspector takes a sample of potatoes originating in Lebanon in order to ascertain whether, for the purposes of Article 4 of the Decision, those potatoes are infected with Clavibacter michiganensis subspecies (Spieckerann and Kotthoff) Davis et al., the importer must pay a fee of £60.40 in respect of each lot sampled.

(2) In paragraph (1), “the Decision” means Commission Implementing Decision 2013/413/EU authorising Member States to provide for derogations from certain provisions of Council Directive 2000/29/EC in respect of potatoes, other than potatoes intended for planting, originating in the regions of Akkar and Bekaa of Lebanon M5 .

Marginal Citations

M5 OJ No L 205, 1.8.2013, p. 13, as amended by Commission Implementing Decision (EU) 2015/2057 (OJ No L 300, 17.11.2015, p. 43).

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

Seed potatoes: fees 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 (Wales) Regulations 2016 M6 .

(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 fees specified in column 2 of the table in Schedule 5 in respect of an inspection of 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 [F11 £15.76] is payable where a person submits an application for the certification of seed potatoes in paper form (and not online).

[F12 (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 the growing crops for certification as Union grade PBTC or the harvested tubers to be inspected are located.

Textual Amendments

F11 Sum in reg. 8(4) substituted (14.11.2019) by The Plant Health etc. (Miscellaneous Fees) (Wales) (Amendment) Regulations 2019 (S.I. 2019/1378), regs. 1(2), 3(5)(a)

F12 Reg. 8(4A) inserted (14.11.2019) by The Plant Health etc. (Miscellaneous Fees) (Wales) (Amendment) Regulations 2019 (S.I. 2019/1378), regs. 1(2), 3(5)(b)

Marginal Citations

M6 S.I. 2016/106 (W. 52), to which there are amendments not relevant to these Regulations.

Fruit plants and fruit plant propagating material: fees 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 (Wales) Regulations 2017 M7 .

[F13 (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

F13 Reg. 9(2) substituted (14.11.2019) by The Plant Health etc. (Miscellaneous Fees) (Wales) (Amendment) Regulations 2019 (S.I. 2019/1378), regs. 1(2), 3(6)

Marginal Citations

M7 S.I. 2017/691 (W. 163).

PART 4 W Payment of fees

Payment of fees W

10.  Fees payable under these Regulations are payable to the Welsh Ministers on demand.

Suspension of registration 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 registered plant trader under Part 2 of these Regulations remains unpaid, the Welsh Ministers may—

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

(b) after giving one month's written notice, suspend the trader's registration until such sum has been paid.

(2) In paragraph (1), “plant trader” (“masnachwr planhigion”), “registered” (“cofrestredig”) and “registration” (“cofrestru”) have the meanings given in article 2(1) of the 2018 Order.

PART 5 W Revocations

Revocations W

12.  The instruments listed in Schedule 6 are revoked.

Hannah Blythyn

Minister for Environment under authority of the Cabinet Secretary for Energy, Planning and Rural Affairs, one of the Welsh Ministers

Regulation 3(1)

[F14 SCHEDULE 1 W Import inspection fees

Textual Amendments

F14 Sch. 1 substituted (14.11.2019) by The Plant Health etc. (Miscellaneous Fees) (Wales) (Amendment) Regulations 2019 (S.I. 2019/1378), regs. 1(2), 3(7)

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

Regulation 3(2)(c)

[F15 SCHEDULE 2 W Import inspection fees: reduced rates

Textual Amendments

F15 Sch. 2 substituted (14.11.2019) by The Plant Health etc. (Miscellaneous Fees) (Wales) (Amendment) Regulations 2019 (S.I. 2019/1378), regs. 1(2), 3(8)

Column 1 Genus	Column 2 County of origin	Column 3 Fee (£)
Cut flowers
Aster	Zimbabwe	32.06
Dianthus	Colombia	1.28
	Ecuador	6.41
	Kenya	2.14
	Turkey	6.41
Rosa	Colombia	1.28
	Ecuador	0.43
	Ethiopia	2.14
	Kenya	4.28
	Tanzania	21.38
	Zambia	4.28
Branches with Foliage
Phoenix	Costa Rica	17.00
Fruit
Actinidia	Any third country	2.66
Carica papaya	Any third country	2.66
Citrus	Egypt	39.83
	Morocco	1.59
	Peru	5.31
	Turkey	1.59
	USA	13.28
Citrus lemon and citrus aurantifolia	Israel	13.28
Cydonia	Any third country in Europe	2.66
Fragaria	Any third country	2.66
Malus	Argentina	18.59
	Brazil	26.55
	Chile	2.66
	Any third country in Europe	2.66
	New Zealand	5.31
	South Africa	2.66
Mangifera	Brazil	26.55
Passiflora	Colombia	3.72
	Kenya	13.28
	South Africa	18.59
	Vietnam	13.28
	Zimbabwe	26.55
Persea americana	Any third country	2.66
Prunus	Argentina	39.83
	Chile	5.31
	Any third country in Europe	2.66
	Morocco	26.55
	Turkey	18.59
	USA	26.55
Prunus other than prunus persica	South Africa	2.66
Pyrus	Argentina	7.97
	Chile	7.97
	China	26.55
	Any third country in Europe	2.66
	South Africa	5.31
Ribes	Any third country in Europe	2.66
Rubus	Any third country	2.66
Vaccinium	Argentina	13.28
	Any third country in Europe	2.66
Vitis	Any third country	2.66
Vegetables
Solanum lycopersicon	Canary Islands	2.66
	Morocco	2.66
Solanum melongena	Turkey	13.28]

Regulation 4(2)

F16 SCHEDULE 3 W Plant passport authorisation fees

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

Textual Amendments

F16 Sch. 3 omitted (14.11.2019) by virtue of The Plant Health etc. (Miscellaneous Fees) (Wales) (Amendment) Regulations 2019 (S.I. 2019/1378), regs. 1(2), 3(9)

Regulation 5(1)

[F17 SCHEDULE 4 W Plant health licence fees

Textual Amendments

F17 Sch. 4 substituted (14.11.2019) by The Plant Health etc. (Miscellaneous Fees) (Wales) (Amendment) Regulations 2019 (S.I. 2019/1378), regs. 1(2), 3(10)

In this Schedule—

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

“period 2” means the period beginning on 1 April 2020 and ending on 30 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 1 October 2020	92.67 for each 15 minutes (or part thereof), subject to a minimum fee of 185.34]

Regulation 8(1)

[F18 SCHEDULE 5 W Seed potatoes: fees

Textual Amendments

F18 Sch. 5 substituted (14.11.2019) by The Plant Health etc. (Miscellaneous Fees) (Wales) (Amendment) Regulations 2019 (S.I. 2019/1378), regs. 1(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 9 of Schedule 1 to the Seed Potatoes (Wales) Regulations 2016	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

[F18 SCHEDULE 6 W Revocations

• — The Plant Health (Fees) (Wales) Regulations 2014 M8 .

• — The Plant Health (Fees) (Wales) (Amendment) Regulations 2015 M9 .]

Marginal Citations

M8 S.I. 2014/1792 (W. 185), amended by S.I. 2015/777 (W. 61).

M9 S.I. 2015/777 (W. 61).

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply to Wales, specify fees payable to the Welsh Ministers in relation to plant health services and the certification of seed potatoes, fruit plants and fruit plant propagating material. They revoke and replace the Plant Health Fees (Wales) Regulations 2014 (S.I. 2014/1792 (W. 185)).

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).

The Welsh Ministers' Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.