2011 No. 384

Plant Health

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

Made

Coming into operation

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 19721 and section 56(1), (2) and (5) of the Finance Act 19732, with the consent of the Department of Finance and Personnel3.

The Department of Agriculture and Rural Development is designated4 for the purposes of the said section 2(2) in relation to the Common Agricultural Policy of the European Community.

Citation, commencement and interpretation1

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) 19545 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) 20052

1

The Plant Health (Import Inspection Fees) Regulations (Northern Ireland) 20056 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

seal_r00001Norman FultonA 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

seal_r00001Michael DalyA senior officer of theDepartment of Finance and Personnel

SCHEDULE 1

regulation 2

SCHEDULE 1IMPORT INSPECTION FEES

regulation 3 and 4 (2)

Column 1

Column 2

Column 3

Column 4

Plant, plant product or other object

Quantity

Fee (daytime working hours)

Fee (non-daytime working hours)

Cuttings, seedlings (except forestry reproductive material), young plants of strawberries or of vegetables

Per 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 cultures

Per 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 flowers

Per 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 trees

Per 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 vegetables

Per 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 potatoes

Per 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 Schedule

Per consignment

£15.28

£22.92

SCHEDULE 2

regulation 2

SCHEDULE 2REDUCED IMPORT INSPECTION FEES FOR PLANT HEALTH CHECKS

regulation 4(3)

Column 1

Column 2

Column 3

Column 4

Column 5

Genus

Quantity

Country of origin

Fee (daytime working hours)

Fee (non-daytime working hours)

Cut flowers

Dianthus

Per 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

Citrus

Per consignment

— up to 25,000 kg in weight

Honduras

£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 thereof

Honduras

£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 weight

Chile

£0.76

£1.14

China

£7.64

£11.46

South Africa

£0.76

£1.14

— for each additional 1,000 kg, or part thereof

Chile

£0.03

£0.05

China

£0.31

£0.46

South Africa

£0.03

£0.05

Mangifera

Per consignment

— up to 25,000 kg in weight

Brazil

£15.28

£22.92

— for each additional 1,000 kg, or part thereof

Brazil

£0.61

£0.92

Prunus

Per consignment

— up to 25,000 kg in weight

USA

£1.53

£2.29

— for each additional 1,000 kg, or part thereof

USA

£0.06

£0.09

Pyrus

Per 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.

SCHEDULE 3

regulation 2

SCHEDULE 3IMPORT INSPECTION FEES FOR DOCUMENTARY CHECKS AND IDENTITY CHECKS

regulation 4(4)

Column 1

Column 2

Column 3

Check

Quantity

Fee

Documentary check

Per consignment

£6.11

Identity check

Per 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:

Genus

Country of origin

Previous rate of inspection

Initial fee(1)

New

rate of inspection

Initial fee, specified in Schedule 2

Cut Flowers

Dianthus

Ecuador

15%

£1.98

10%

£1.53

Rosa

Israel

100%

-

100%(2)(3)

-

Fruit

Malus

Chile

7%

£0.93

5%

£0.76

Malus

China

25%

£3.31

50%

£7.64

Malus

South Africa

10%

£1.32

5%

£0.16

Mangifera

Brazil

50%

£6.62

100%

£15.28

Mangifera

Peru

100%

-

100%(2)(3)

-

Prunus

USA

25%

£3.31

10%

£1.53

Pyrus

Argentina

15%

£1.98

10%

£1.53

Pyrus

Chile

35%

£4.63

25%

£3.82

Citrus

Honduras

75%

£9.93

100%

£15.28

Citrus

Israel

15%

£1.98

10%

£1.53

Citrus

Mexico

25%

£3.31

15%

£2.29

Citrus

Peru

35%

£4.63

25%

£3.82

(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.