2019 No. 1378 (W. 244)

Plant Health, Wales
Seeds, Wales

The Plant Health etc. (Miscellaneous Fees) (Wales) (Amendment) Regulations 2019

Made

Laid before the National Assembly for Wales

Coming into force in accordance with regulation 1(2)

The Welsh Ministers, with the consent of the Treasury, make these Regulations in exercise of the powers conferred by—

  1. a

    in relation to regulation 1, the provisions mentioned in paragraphs (b) and (c);

  2. b

    in relation to regulation 2, sections 3(1) and 4A of the Plant Health Act 19671;

  3. c

    in relation to regulation 3, section 56(1) and (2) of the Finance Act 19732 and now vested in them3.

Title, commencement and application1

1

The title of these Regulations is the Plant Health etc. (Miscellaneous Fees) (Wales) (Amendment) Regulations 2019.

2

They come into force 21 days after the day on which they are laid.

3

They apply in relation to Wales.

Amendment of the Plant Health (Export Certification) (Wales) Order 20062

1

The Plant Health (Export Certification) (Wales) Order 20064 is amended as follows.

2

In article 5—

a

in paragraph (2)—

i

in sub-paragraph (a)—

aa

for “£250” substitute “£750”;

bb

for the words from “column 3” to the end substitute “column 2 of that table”;

ii

in sub-paragraph (b), for the words from “column 4” to the end substitute “column 3 of that table”;

b

in paragraph (3), for “columns 3 and 4” substitute “columns 2 and 3”;

c

in paragraph (4)—

i

in sub-paragraph (a)—

aa

for “£250” substitute “£750”;

bb

for “£7.43” substitute “£7.88”;

ii

in sub-paragraph (b), for “£14.86” substitute “£15.76”.

3

For Schedule 3 substitute—

SCHEDULE 3Fees for export certification services and pre-export services

Article 5(1)

(1)

Service

(2)

Fee (£)

(3)

Fee (£)

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 carried out pursuant to article 3(3)

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

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

Amendment of the Plant Health etc. (Fees) (Wales) Regulations 20183

1

The Plant Health etc. (Fees) (Wales) Regulations 20185 are amended as follows.

2

In regulation 3—

a

in paragraph (1)—

i

for “which consists of” substitute “insofar as it includes”;

ii

at the end insert “or any machinery or vehicles which have been operated for agricultural or forestry purposes”;

b

in paragraph (2)—

i

in sub-paragraph (a), for “£9.71” substitute “£10.51”;

ii

for sub-paragraphs (b) and (c) substitute—

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;

iii

in sub-paragraph (d), for “£157.08” substitute “£147.35”;

c

in paragraph (3), after the definition of “controlled plant pest”, insert—

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;

3

In regulation 4—

a

in paragraph (2), for “fees specified in the table in Schedule 3 are” substitute “fee specified in paragraph (3) is”;

b

for paragraph (3) substitute—

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.

c

in paragraph (4), for “£18.78” substitute “£20.66”.

4

In regulation 6(1) for “£60.40” substitute “£70.83”.

5

In regulation 8—

a

in paragraph (4), for “£14.76” substitute “£15.76”;

b

after paragraph (4) insert—

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.

6

For regulation 9(2) substitute—

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.

7

For Schedule 1 substitute—

SCHEDULE 1Import inspection fees

Regulation 3(1)

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

8

For Schedule 2 substitute—

SCHEDULE 2Import inspection fees: reduced rates

Regulation 3(2)(c)

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

9

Omit Schedule 3.

10

For Schedule 4 substitute—

SCHEDULE 4Plant health licence fees

Regulation 5(1)

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

11

For Schedule 5 substitute—

SCHEDULE 5Seed potatoes: fees

Regulation 8(1)

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 20166

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)

Lesley GriffithsMinister for Environment, Energy and Rural Affairs, one of the Welsh Ministers
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Plant Health (Export Certification) (Wales) Order 2006 (the “2006 Order”) and the Plant Health etc. (Fees) (Wales) Regulations 2018 (the “2018 Regulations”).

These Regulations amend the 2006 Order to provide for increases in the fees for services in respect of applications for phytosanitary certificates (including phytosanitary certificates for re-export) and related pre-export services, and to increase the maximum amount for services to which the concessionary rate for small exporters applies, from £250 to £750.

These Regulations amend the 2018 Regulations, which specify fees payable to the Welsh Ministers in relation to plant health services and the certification of seed potatoes and fruit plants and fruit plant propagating material, as follows.

Regulation 3(2) amends regulation 3 of the 2018 Regulations to provide the fees payable for phytosanitary certificates (including fees for mixed consignments) and for sample testing.

Regulation 3(3) amends regulation 4 of the 2018 Regulations to provide for a reduced fee for a plant passport authorisation.

Regulation 3(6) amends regulation 9(2) of the 2018 Regulations to provide for an increased fee for certification of fruit plants and its propagating material.

Regulation 3(7) substitutes Schedule 1 to the 2018 Regulations, which sets out import inspection fees payable by the importer of a third country consignment for plant health checks in respect of certain plants and plant products.

Regulation 3(8) substitutes Schedule 2 to the 2018 Regulations, which sets out reduced rate fees for certain plants and plant products which are subject to reduced levels of plant health checks agreed under the procedure in Articles 13a(2) and 18(2) 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 169, 10.7.2000, p 1). This regulation gives effect to the latest notification published by the European Commission of the reduced plant health checks which are applicable to certain plants and plant products (published on 10 December 2018 and revised on 15 April 2019).

Regulation 3(10) substitutes Schedule 4 of the 2018 Regulations which sets out the fees for plant health licences and includes a change to the fee for monitoring compliance with licence terms and conditions which is being increased over separate periods.

Regulation 3(11) substitutes Schedule 5 of the 2018 Regulations which sets out fees for soil sampling and testing and certification of seed potatoes including the provision of labels.

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.