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The Plant Health (Import Inspection Fees) (Amendment) Regulations (Northern Ireland) 2011

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Statutory Rules of Northern Ireland

2011 No. 384

Plant Health

The Plant Health (Import Inspection Fees) (Amendment) Regulations (Northern Ireland) 2011

Made

28th October 2011

Coming into operation

1st January 2012

The Department of Agriculture and Rural Development, makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(1) and section 56(1), (2) and (5) of the Finance Act 1973(2), with the consent of the Department of Finance and Personnel(3).

The Department of Agriculture and Rural Development is designated(4) for the purposes of the said section 2(2) in relation to the Common Agricultural Policy of the European Community.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Plant Health (Import Inspection Fees) (Amendment) Regulations (Northern Ireland) 2011 and shall come into operation on 1 January 2012.

(2) The Interpretation Act (Northern Ireland) 1954(5) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

Amendment to the Plant Health (Import Inspection Fees) Regulations (Northern Ireland) 2005

2.—(1) The Plant Health (Import Inspection Fees) Regulations (Northern Ireland) 2005(6) shall be amended as follows.

(2) For Schedule 1 there shall be substituted the Schedule set out in schedule 1 to these Regulations.

(3) For Schedule 2 there shall be substituted the Schedule set out in schedule 2 to these Regulations.

(4) For Schedule 3 there shall be substituted the Schedule set out in schedule 3 to these Regulations.

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 28th

October 2011

Legal seal

Norman Fulton

A senior officer of the Department of Agriculture and Rural Development

The Department of Finance and Personnel hereby consents to the foregoing Regulations

Sealed with the Official Seal of the Department of Finance and Personnel on 28th October 2011

Legal seal

Michael Daly

A senior officer of the

Department of Finance and Personnel

regulation 2

SCHEDULE 1

regulation 3 and 4 (2)

SCHEDULE 1IMPORT INSPECTION FEES

Column 1Column 2Column 3Column 4
Plant, plant product or other objectQuantityFee (daytime working hours)Fee (non-daytime working hours)
Cuttings, seedlings (except forestry reproductive material), young plants of strawberries or of vegetablesPer consignment
— up to 10,000 in number£15.28£22.92
— for each additional 1,000 units, or part thereof

£0.61

Up to a maximum of £122.24

£0.92

Up to a maximum of £183.36

Shrubs, trees (other than cut Christmas trees), other woody nursery plants including forest reproductive material (other than seed)Per consignment
— up to 1,000 in number£15.28£22.92
— for each additional 100 units, or part thereof

£0.38

Up to a maximum of £122.24

£0.57

Up to a maximum of £183.36

Bulbs, corms, rhizomes, tubers, intended for planting (other than tubers of potatoes)Per consignment
— up to 200 kg in weight£15.28£22.92
— for each additional 10 kg, or part thereof

£0.14

Up to a maximum of £122.24

£0.21

Up to a maximum of £183.36

Seeds, tissue culturesPer consignment
— up to 100 kg in weight£6.55£9.83
— for each additional 10 kg, or part thereof

£0.15

Up to a maximum of £122.24

£0.23

Up to a maximum of £183.36

Other plants intended for planting, not specified elsewhere in this Schedule

Per consignment
— up to 5,000 in number£15.28£22.92
— for each additional 100 units, or part thereof

£0.16

Up to a maximum of £122.24

£0.24

Up to a maximum of £183.36

Cut flowersPer consignment
— up to 20,000 in number£15.28£22.92
— for each additional 1,000 units, or part thereof

£0.12

Up to a maximum of £122.24

£0.18

Up to a maximum of £183.36

Branches with foliage, parts of conifers (other than cut Christmas trees)Per consignment
— up to 100 kg in weight£15.28£22.92
— for each additional 100 kg, or part thereof

£1.53

Up to a maximum of £122.24

£2.30

Up to a maximum of £183.36

Cut Christmas treesPer consignment
— up to 1,000 in number£15.28£22.92
— for each additional 100 units, or part thereof

£1.53

Up to a maximum of £122.24

£2.30

Up to a maximum of £183.36

Leaves of plants, such as herbs, spices and leafy vegetablesPer consignment
— up to 100 kg in weight£15.28£22.92
— for each additional 10 kg, or part thereof

£1.53

Up to a maximum of £122.24

£2.30

Up to a maximum of £183.36

Fruits, vegetables (other than leafy vegetables)Per consignment
— up to 25,000 kg in weight£15.28£22.92
— for each additional 1,000 kg, or part thereof£0.61£0.92
Tubers of potatoesPer lot
— up to 25,000 kg in weight£45.84£68.76
— for each additional 25,000 kg, or part thereof£45.84£68.76

Soil and growing medium

Per consignment
— up to 25,000 kg in weight£15.28£22.92
— for each additional 1,000 kg, or part thereof

£0.61

Up to a maximum of £122.24

£0.92

Up to a maximum of £183.36

Grain

Per consignment
— up to 25,000 kg in weight£15.28£22.92
— for each additional 1,000 kg, or part thereof

£0.61

Up to a maximum of £611.21

£0.92

Up to a maximum of £916.82

Other plants or plant products not specified elsewhere in this SchedulePer consignment£15.28£22.92

regulation 2

SCHEDULE 2

regulation 4(3)

SCHEDULE 2REDUCED IMPORT INSPECTION FEES FOR PLANT HEALTH CHECKS

Column 1Column 2Column 3Column 4Column 5
GenusQuantityCountry of originFee (daytime working hours)Fee (non-daytime working hours)
Cut flowers
DianthusPer consignment
— up to 20,000 in number
Ecuador£1.53£2.29
— for each additional 1,000 units, or part thereof
Ecuador

£0.01

Up to a maximum of £12.22

£0.02

Up to a maximum of £18.34

Fruit
CitrusPer consignment
— up to 25,000 kg in weightHonduras£15.28£22.92
Israel£1.53£2.29
Mexico£2.29£3.44
Peru£3.82£5.73
— for each additional 1,000 kg, or part thereofHonduras£0.61£0.92
Israel£0.06£0.09
Mexico£0.09£0.14
Peru£0.15£0.23

Malus

Per consignment
— up to 25,000 kg in weightChile£0.76£1.14
China£7.64£11.46
South Africa£0.76£1.14
— for each additional 1,000 kg, or part thereofChile£0.03£0.05
China£0.31£0.46
South Africa£0.03£0.05

Mangifera

Per consignment
— up to 25,000 kg in weightBrazil£15.28£22.92
— for each additional 1,000 kg, or part thereofBrazil£0.61£0.92
PrunusPer consignment
— up to 25,000 kg in weightUSA£1.53£2.29
— for each additional 1,000 kg, or part thereofUSA£0.06£0.09
PyrusPer consignment
— up to 25,000 kg in weight
Argentina£1.53£2.29
Chile£3.82£5.73
— for each additional 1,000 kg, or part thereof
Argentina£0.06£0.09
Chile£0.15£0.23

Where the total amount of any fee comprises an amount less that £0.01, that amount shall be excluded.

regulation 2

SCHEDULE 3

regulation 4(4)

SCHEDULE 3IMPORT INSPECTION FEES FOR DOCUMENTARY CHECKS AND IDENTITY CHECKS

Column 1Column 2Column 3
CheckQuantityFee
Documentary checkPer consignment£6.11
Identity checkPer consignment
— up to a size of a truck load, a railway wagon load or the load of a container of comparable size£6.11
— bigger than the above size£12.22

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Plant Health (Import Inspection Fees) (Northern Ireland) Regulations 2005 (S.R. 2005/373) (“the principal Regulations”). The principal Regulations implement Article 13d of Council Directive 2000/29/EC (O.J. No. L 169, 10.7.2000, p1) (“the Directive”) which requires Member States to charge fees to cover the costs of documentary, identity and plant health checks of certain imports of plants, plant products and other objects from third countries.

The Directive contains a procedure (Articles 13a(2), 13d(2) and 18(2)) for setting reduced rates of inspection for imports of certain plants and plant products and for charging fees at a proportionately reduced rate.

These Regulations substitute Schedules 1, 2 and 3 of the principal Regulations to increase the fees set out in those Schedules. Schedule 1 of the principal Regulations sets out the import inspection fees for plant health checks. Schedule 2 of the principal Regulations sets out the reduced import inspection fees for plant health checks and Schedule 3 sets out the import inspection fees for documentary checks and identity checks.

The changes to the fees made by these Regulations, which are set at a proportion of the standard fee (described in Schedule 1 to the principal Regulations) corresponding to the rate of inspection, are based on the agreed inspection rates set out below:

(1)

Initial fee per consignment for cut flowers (up to 20,000 in number) and fruit and vegetables (up to 25,000 kg in weight). Corresponding fees are set in the Regulations for additional quantities, maximum price per consignment and non-daytime working hours.

(2)

Consignments subject to an inspection rate of 100% are excluded from the reduced rate inspection scheme and are subject to the import inspection fees specified in Schedule 1 to the principal Regulations.

(3)

New rates apply from 1st January 2012.

GenusCountry of originPrevious rate of inspectionInitial fee(1)

New

rate of inspection

Initial fee, specified in Schedule 2
Cut Flowers
DianthusEcuador15%£1.9810%£1.53
RosaIsrael100%-100%(2) (3)-
Fruit
MalusChile7%£0.935%£0.76
MalusChina25%£3.3150%£7.64
MalusSouth Africa10%£1.325%£0.16
MangiferaBrazil50%£6.62100%£15.28
MangiferaPeru100%-100%(2) (3)-
PrunusUSA25%£3.3110%£1.53
PyrusArgentina15%£1.9810%£1.53
PyrusChile35%£4.6325%£3.82
CitrusHonduras75%£9.93100%£15.28
CitrusIsrael15%£1.9810%£1.53
CitrusMexico25%£3.3115%£2.29
CitrusPeru35%£4.6325%£3.82
(3)

The Department of Finance was renamed the Department of Finance and Personnel by Article 3 of the Departments Northern Ireland Order 1982 (S.I. 1982/338) (N.I.6) which was repealed by Article 9(2) and Schedule 3 to the Departments Northern Ireland) Order 1999 (S.I.1999/283) (N.I.1)

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