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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

M11973 c. 51: subsection (1) was amended by S.I. 2011/1043.

M2By virtue of section 59(5) of the Government of Wales Act 2006 (c.32).

PART 1WGeneral

Title, commencement and applicationW

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.

InterpretationW

[F12.—(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

PART 2WFees relating to plant health

Import inspection feesW

3.—(1) This regulation applies in relation to a third country consignment [F4insofar as it includes] plants, plant products or other objects of a description specified in column 1 of the table in Schedule 1 that [F5fall within] [F6Part 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....

[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—

(a)in the case of a consignment originating in Liechtenstein containing any plant or plant products falling within the table in Schedule 2B and also within the Schedule to the Official Controls (Plant Health) (Frequency of Checks) Regulations 2022, £5.25;

(b)in the case of a consignment to which sub-paragraph (a) does not apply, originating in an EU Member State, Liechtenstein or Switzerland and containing only plants or plant products all falling within the table in Schedule 2B, £0.15;

(c)in any other case, £5.25.]

[F9(2A) Subject to paragraphs (2B), (2C) and (2E), 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, where a consignment includes plants, plant products or other objects of a description specified in column 1 of the table, which originate in a country specified in the corresponding entry in column 2 of the table—

(a)the fee specified in column 3 of the table in respect of a physical check of plants, plant products or other objects of each such description included in the consignment; and

(b)the fee specified in column 4 of the table in respect of an identity check of plants, plant products or other objects of each such description included in the consignment.]

[F10(2B) The fees specified under paragraph (2A) in respect of liability to a physical check and identity check of cut flowers, fruit, vegetables or leaves are payable in respect of a single lot of the kind in question.]

[F11(2C) Where a consignment includes two or more plants, plant products or other objects falling within a single category specified in column 1 of the table, the fee payable under paragraph (2A) in respect of liability to a physical check or identity check of the plants, plant products or other objects within the category in question is—

(a)so far as the consignment includes two or more lots either of cut flowers or of fruit, vegetables or leaves—

(i)the fee payable in respect of a single lot of cut flowers or of fruit, vegetables or leaves (as the case may be); or

(ii)where different amounts are specified in relation to the lots in question, a fee equal to the highest of the fees relating to liability to a physical check or identity check (as the case may be);

(b)so far as the consignment includes any other plants, plant products or other objects which originate in the same country—

(i)the fee payable in respect of a single plant, plant product or other object of any of the descriptions in question; or

(ii)where different amounts are specified in relation to those plants, plant products or other objects, a fee equal to the highest of the fees relating to liability to a physical check or identity check (as the case may be).]

F12(2D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F13(2E) No fee is payable under paragraph (2A) in respect of—

(a)any consignment originating in an EU Member State, Liechtenstein or Switzerland introduced into Wales through a relevant port before 31 October 2024, or

(b)any plants listed in the table in Schedule 2A to the Plant Health (Amendment etc.) (EU Exit) Regulations 2020 contained in any consignment originating in an EU Member State, Liechtenstein or Switzerland introduced into Wales before 31 October 2024.

(2EA) Paragraph (2E) does not apply to any goods—

(a)in a consignment originating in Liechtenstein, and

(b)falling within the Schedule to the Official Controls (Plant Health) (Frequency of Checks) Regulations 2022.]

[F14(2F) Where an inspector suspects that a third country consignment is infected with a controlled plant pest and takes a sample from the consignment for laboratory testing to confirm whether the pest is present, the fee payable by the importer of the third country consignment is £147.35 for each sample tested.

(2G) For the purposes of this regulation [F15and the table]—

(a)“leaves” means vegetables, herbs and spices, so far as they take the form of leaves with or without stems or stalks attached, and the loose leaves of any other plants;

(b)“vegetables”, except in sub-paragraph (a), means vegetables other than in so far as they take the form of leaves.]

[F16(3) In this regulation—

(a)“category”, in relation to anything specified in column 1 of the table in Schedule 1, means a grouping which is listed in column 1 in bold typeface;

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

(c)“description”, in relation to anything specified in column 1 of the table in Schedule 1, means the specific description in respect of which a fee is specified;

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

[F17(da)“relevant port” means any of the following seaports—

(i)Barry;

(ii)Cardiff;

(iii)Fishguard;

(iv)Holyhead;

(v)Newport;

(vi)Pembroke Dock;

(vii)Swansea;

(viii)Port Talbot;]

(e)“the table” means the table in Schedule 1;

(f)“third country consignment” means a consignment that is introduced into Wales from a third country;]

F18(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Plant passport authorisation feesW

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

(2) The [F19fee specified in paragraph (3) is] payable in respect of an inspection and any associated activities which are carried out [F20by, or on behalf of, the Welsh Ministers]—

(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.

[F21(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 [F22£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 [F23UK]plant passports F24...;

(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

Plant health licence feesW

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

(a)an application for a licence [F25made to the Welsh Ministers];

(b)any other activity specified in column 1 of that table which is carried out in connection with a licence [F26granted by the Welsh Ministers].

(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 [F27an authorisation [F28described in regulation 20(1)(a) or (b)(i) or 21(1)(b) of the Official Controls (Plant Health and Genetically Modified Organisms) (Wales) Regulations 2020]].

Textual Amendments

[F29Export certification services and pre-export services: feesW

5A.—(1) [F30Subject to paragraph (4A),] the fees specified in the table in Schedule 4A are payable in respect of the services described in column 1 of the table by a person who applies to the Welsh Ministers 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 in Schedule 4A 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 that table;

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

(3) The fees specified in columns 2 and 3 of the table in Schedule 4A 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 the 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 in Schedule 4A, £7.88;

(b)in any other case, £15.76.

[F31(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 [F3230 June 2025].]

(5) In this regulation—

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

“pre-export service” (“gwasanaeth cyn-allforio”) 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 F33... in order to satisfy the [F34relevant 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;

[F35“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” (“allforiwr bach”), 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

Potatoes originating in Egypt: feeW

6.—(1) Where an [F36official plant health inspector] takes a sample of potatoes originating in Egypt in order to ascertain whether F37... those potatoes are infected with Ralstonia solanacearum (Smith) Yabuuchi et al., the importer must pay a fee of [F38£70.83] in respect of each lot sampled.

F39(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Potatoes originating in Lebanon: feeW

F406A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Potatoes originating in Lebanon: feeW

F417.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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

Seed potatoes: feesW

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 M3.

(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 [F42£15.76] is payable where a person submits an application for the certification of seed potatoes in paper form (and not online).

[F43(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

Marginal Citations

M3S.I. 2016/106 (W. 52), to which there are amendments not relevant to these Regulations.

Fruit plants and fruit plant propagating material: feesW

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 M4.

[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

Marginal Citations

M4S.I. 2017/691 (W. 163).

PART 4WPayment of fees

Payment of feesW

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

Suspension of registrationW

11.—(1) Where any sum due by way of, or on account of, any fee or any part of a fee payable by a [F45registered professional operator] 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 [F46operator’s] registration until such sum has been paid.

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

Textual Amendments

PART 5WRevocations

RevocationsW

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(2A) and (2C)

[F48SCHEDULE 1WImport inspection fees

Textual Amendments

Column 1

Category and description of plant, plant product or other object

Column 2

Country of origin

Column 3

Fee: Physical check (£)

Column 4

Fee: Identity check (£)

(1)

“Intended for final users” means intended, by evidence from the packaging, labelling or by other means, for direct supply to final users.

(2)

“Woody plants” means plants which have a woody or partly woody stem, and includes all trees, forest reproductive material (other than seed), shrubs and palms, and those vines and perennial herbs with woody or partly woody stems; and for this purpose “perennial herbs” means herbs for which the average life exceeds two years.

(3)

“Non-woody plants” means plants that are not woody plants.

(4)

“Indoor plants” means plants which appear from their packaging, labelling or by other means to be intended for direct supply to final users for indoor use or use in aquaria.

(5)

“European third countries” means Albania, Andorra, Armenia, Azerbaijan, Belarus, Bosnia and Herzegovina, Canary Islands, Faroe Islands, Georgia, Iceland, Moldova, Monaco, Montenegro, North Macedonia, Norway, Russia (only the following parts: Central Federal District (Tsentralny federalny okrug), Northwestern Federal District (Severo-Zapadny federalny okrug), Southern Federal District (Yuzhny federalny okrug), North Caucasian Federal District (Servero-Kavkazsky federalny okrug) and Volga Federal District (Privolzhsky federalny okrug)), San Marino, Serbia, Turkey and Ukraine.]

Bulbs, corms, rhizomes, tubers (other than tubers of potatoes), onions, shallots, garlic, leeks and other alliaceous vegetables, dormant, not in substrate
All genera intended for planting, other than commercial flower production, and not intended for final users(1)Any third country205.045.25
All genera intended for planting, and intended for commercial flower production, or for final usersAny third country20.500.52
Cuttings, seedlings intended for planting, not specified or included anywhere else in this table
All generaAny third country32.151.57
Plants for planting
Woody plants(2) (other than specified or included elsewhere in this table), intended for planting and intended for final users (1). All generaAny third country32.151.57
Non-woody plants(3) (other than specified or included elsewhere in this table), intended for planting. All generaAny third country32.151.57
Indoor plants(4). All generaAny third country32.151.57
Other plants (other than specified or included elsewhere in this table), intended for planting. All generaAny third country32.151.57
Cut flowers
Dendranthema (DC.) Des Moul. (Chrysanthemum L.)Any EU Member State, Liechtenstein or Switzerland1.280.15
Columbia or Ecuador21.372.62
Any third country other than an EU Member State, Columbia, Ecuador, Liechtenstein or Switzerland2.130.26
Eryngium Tournier ex Linnaeus.Any third country other than an EU Member State, European third country, Liechtenstein or Switzerland4.270.52
Lisianthus LAny third country other than an EU Member State, European third country, Liechtenstein or Switzerland4.270.52
Rosa L.Colombia or Ecuador1.280.15
Canada, India, Mexico or the USA21.372.62
Any third country other than an EU Member State, Canada, Colombia, Ecuador, India, Liechtenstein, Mexico, Switzerland or the USA2.130.26
Solidago L.Any EU Member State, Liechtenstein or Switzerland1.280.15
Any third country other than an EU Member State, Liechtenstein or Switzerland4.270.52
Other genera not specified or included elsewhere in this tableAny EU Member State, Liechtenstein or Switzerland1.280.15
Any third country other than an EU Member State, Liechtenstein or Switzerland2.130.26
Branches with foliage, parts of conifers (other than bark or cut Christmas trees)
All generaAny EU Member State, Liechtenstein or Switzerland1.010.15
Any third country other than an EU Member State, Liechtenstein or Switzerland1.690.26
Fruit, vegetables, leaves
Momordica L.Any EU Member State, Liechtenstein or Switzerland1.590.15
Any third country other than an EU Member State, Liechtenstein or Switzerland26.552.62
Ocimum L.Any EU Member State, Liechtenstein or Switzerland2.150.15
Any third country other than an EU Member State, Liechtenstein or Switzerland35.842.62
Solanaceae Juss. (other than Solanum tuberosum L. Solanum lycopersicum L, Solanum melongena L. and Capsicum sp.)Any EU Member State, Liechtenstein or Switzerland1.590.15
Any third country other than an EU Member State, Liechtenstein or Switzerland26.552.62
Solanum lycopersicum L.Any EU Member State, Liechtenstein or Switzerland1.590.15
Morocco2.650.26
Canary Islands13.271.31
Any third country other than the Canary Islands, an EU Member State, Liechtenstein, Morocco or Switzerland53.105.25
Solanum melongena L.Any EU Member State, Liechtenstein or Switzerland1.590.15
Turkey15.931.57
Any third country other than an EU Member State, Liechtenstein, Switzerland or Turkey26.552.62
CapsicumAny EU Member State, Liechtenstein or Switzerland1.590.15
Any third country other than an EU Member State, Liechtenstein or Switzerland53.105.25
Zea maysAny EU Member State, Liechtenstein or Switzerland1.590.15
Any third country other than an EU Member State, Liechtenstein or Switzerland53.105.25
Ipomoea batatasAny EU Member State, Liechtenstein or Switzerland1.590.15
Any third country other than Cameroon, an EU Member State, Liechtenstein or Switzerland2.650.26
Cameroon53.105.25
Persea americanaAny EU Member State, Liechtenstein or Switzerland1.590.15
Any third country other than an EU Member State, Liechtenstein or Switzerland2.650.26
VitisAny EU Member State, Liechtenstein or Switzerland1.590.15
Any third country other than an EU Member State, Liechtenstein or Switzerland2.650.26
MalusAny EU Member State, Liechtenstein or Switzerland1.590.15
European third countries(5)7.960.78
Argentina18.581.83
Chile2.650.26
New Zealand5.310.52
South Africa7.960.78
Any third country other than Argentina, Chile, an EU Member State, Liechtenstein, New Zealand, South Africa, Switzerland or European Third countries(5)53.105.25
PyrusAny EU Member State, Liechtenstein or Switzerland1.590.15
Argentina13.271.31
Chile7.960.78
South Africa5.310.52
Any third country other than Argentina, Chile, an EU Member State, Liechtenstein, South Africa or Switzerland53.105.25
FragariaAny EU Member State, Liechtenstein or Switzerland1.590.15
Any third country other than an EU Member State, Liechtenstein or Switzerland2.650.26
RubusAny EU Member State, Liechtenstein or Switzerland1.590.15
Any third country other than an EU Member State, Liechtenstein or Switzerland2.650.26
VacciniumAny EU Member State, Liechtenstein or Switzerland1.590.15
European third countries(5)26.552.62
Argentina13.271.31
Chile5.310.52
Peru5.310.52
Any third country other than Argentina, Chile, an EU Member State, Liechtenstein, Peru, Switzerland or European Third Countries(5)53.105.25
Zingiber officinaleAny EU Member State, Liechtenstein or Switzerland1.590.15
Any third country other than Cameroon, an EU Member State, Liechtenstein or Switzerland2.650.26
Cameroon53.105.25
Asparagus officinalisAny EU Member State, Liechtenstein or Switzerland1.590.15
Any third country other than an EU Member State, Liechtenstein or Switzerland53.105.25
Other genera or species of fruit or vegetables not specified or included elsewhere in this tableAny EU Member State, Liechtenstein or Switzerland1.590.15
Any third country other than an EU Member State, Liechtenstein or Switzerland2.650.26
Other leaves not specified or included elsewhere in this tableAny EU Member State, Liechtenstein or Switzerland2.150.15
Any third country other than an EU Member State, Liechtenstein or Switzerland3.580.26
Seeds (for sowing), tissue cultures
All genera, for trials or testingAny third country12.810.52
Brassicaceae (other than for trials or testing)Argentina, Australia, Bolivia, Brazil, Chile, New Zealand or Uruguay128.135.25
Capsicum spp. L. (other than for trials or testing)Any third country128.135.25
Poaceae (other than for trials or testing)Argentina, Australia, Bolivia, Brazil, Chile, New Zealand or Uruguay128.135.25
Solanum lycopersicum L. (other than for trials or testing)Any third country128.135.25
Solanum tuberosum L. (True seed) (other than for trials or testing)Any third country128.135.25
Trifolium spp. (other than for trials or testing)Argentina, Australia, Bolivia, Brazil, Chile, New Zealand or Uruguay128.135.25
Other genera or species not specified or included elsewhere in this tableAny third country6.400.26
Grain (other than seeds for sowing)
Secale L.Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa or the USA142.985.25
Triticum L.Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa or the USA142.985.25
X Triticosecale Wittm. ex A. CamusAfghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South Africa or the USA142.985.25
Tubers of potatoes
Solanum tuberosum L. (seed potatoes)Any third country156.695.25
Solanum tuberosum L. (ware potatoes)Egypt, Poland, Portugal or Romania78.342.62
Spain156.695.25
Any third country other than Egypt, Poland, Portugal, Romania or Spain4.700.15
Cut Christmas trees (less than 3 metres in height)
All generaAny EU Member State, Liechtenstein or Switzerland3.580.15
Any third country other than an EU Member State, Liechtenstein or Switzerland5.980.26
Machinery or vehicles which have been operated for agricultural or forestry purposesAny third country5.980.26

Regulation 3(2A)(a)

F49SCHEDULE 1AWImport inspection fees: consignments originating in an EU Member State, Liechtenstein or Switzerland

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

Textual Amendments

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

F50SCHEDULE 2WImport inspection fees: Reduced rates for consignments originating in countries other than an EU Member State, Liechtenstein or Switzerland

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

Textual Amendments

Regulation 3(2E)

F51SCHEDULE 2AWList of plants and plant products originating in an EU Member State, Liechtenstein or Switzerland subject to fees for physical checks and identity checks from the end of the transitional staging period

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

Textual Amendments

Regulation 3(2)(a) and (b)

[F52SCHEDULE 2BW

Textual Amendments

Category and description of plant or plant product
Cut Flowers
Dendranthema (DC.) Des Moul. (Chrysanthemum L.)
Rosa  L.
Solidago  L.
Other genera not specified or included elsewhere in this table
Branches with foliage, parts of conifers (other than bark or cut Christmas trees)
All genera
Fruit, vegetables, leaves
Momordica L.
Ocimum L.
Solanaceae Juss. (other than Solanum tuberosum L.)
Solanum melongena L.
Other genera or species of fruit or vegetables not specified or included elsewhere in this table
Other leaves not specified or included elsewhere in this table
Cut Christmas trees (less than 3 metres in height)
All genera]

Regulation 4(2)

F53SCHEDULE 3WPlant passport authorisation fees

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

Textual Amendments

Regulation 5(1)

[F54SCHEDULE 4WPlant health licence fees

Textual Amendments

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 items995.36, 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 items745.41
Application for a licence in respect of the analysis of soil or other growing medium covering 5 or more items745.41, plus 52.45 per item in excess of 5 items
Application for a variation of a licence with changes requiring scientific or technical assessment380.25
Application for any other licence42.50
Issue of an annual letter of authority42.50
Monitoring compliance with licence terms and conditionsIn 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 281.25 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 202092.67 for each 15 minutes (or part thereof), subject to a minimum fee of 185.34]

Regulation 5A

[F55SCHEDULE 4AWFees for export certification services and pre-export services

Textual Amendments

(1)

Service

(2)

Fee - small exporter (£)

(3)

Fee – other exporter (£)

Inspection of consignment31.90 for each 15 minutes (or part thereof), subject to a minimum fee of 63.8063.80 for each 15 minutes (or part thereof), subject to a minimum fee of 127.60
Audit of a grain inspection13.20 for each 15 minutes (or part thereof), subject to a minimum fee of 26.4026.40 for each 15 minutes (or part thereof), subject to a minimum fee of 52.80
Laboratory examination (including laboratory testing)16.78 per sample tested33.56 per sample tested
Issue of certificate12.76 per certificate25.52 per certificate
Amendment of a certificate at the request of the exporter7.88 per certificate15.76 per certificate]

Regulation 8(1)

[F56SCHEDULE 5WSeed potatoes: fees

Textual Amendments

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 201624.75 for each hectare (or part thereof) sampled and tested
Inspection of growing crop
Certification as pre-basic seed potatoes: Union grade PBTC30.39 for each 15 minutes (or part thereof)60.78
Certification as pre-basic seed potatoes: Union grade PB12.16 per each 0.1 hectare (or part thereof) inspected60.75
Certification as basic seed potatoes: Union grade S10.57 per each 0.1 hectare (or part thereof) inspected105.70
Certification as basic seed potatoes: Union grade SE10.57 per each 0.1 hectare (or part thereof) inspected105.70
Certification as basic seed potatoes: Union grade E10.33 per each 0.1 hectare (or part thereof) inspected103.30
Certification as certified seed potatoes: Union grade A or B9.39 per each 0.1 hectare (or part thereof) inspected93.90
Inspection of harvested tubers
Inspection40.55 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 less0.05 per label
Printed labels and seals for bags holding more than 50 kgs of seed potatoes0.11 per label (including seal)
Blank labels and seals0.16 per label (including seal)]

Regulation 12

[F56SCHEDULE 6WRevocations

Marginal Citations

M5S.I. 2014/1792 (W. 185), amended by 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.