- Latest available (Revised) - English
- Latest available (Revised) - Welsh
- Point in Time (14/11/2019)
- Original (As made) - English
- Original (As made) - Welsh
Version Superseded: 31/01/2020
Point in time view as at 14/11/2019.
There are currently no known outstanding effects for the The Plant Health etc. (Fees) (Wales) Regulations 2018,
PART 2
.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
3.—(1) This regulation applies in relation to a third country consignment [F1insofar 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 [F2or 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
F1Words 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)
F2Words 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)
F3Sum 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)
F4Reg. 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)
F5Sum 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)
F6Reg. 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)
4.—(1) This regulation applies in relation to a plant passport authorisation.
(2) The [F7fee 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
F7Words 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)
F8Reg. 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)
F9Sum 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)
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.
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 M1.
Textual Amendments
F10Sum 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
M1OJ No L 319, 2.12.2011, p. 112.
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 M2.
Marginal Citations
M2OJ 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).
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.
Original (As Enacted or Made) - English: The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search. A point in time version is only available in English.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: