The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019

PART 9 S The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015

9.—(1) The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015 M1 are amended as follows. S

(2) In regulation 2 (interpretation)—

(a) in paragraph (1)—

(i) at the appropriate place insert—

““the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC;

“the Official Controls Regulation” means 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, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC, insofar as it applies to rules referred to Article 1(2)(g) of that Regulation;”;

“WPM authorisation” means an authorisation referred to in Article 98(1) of the EU Plant Health Regulation;”,

(ii) in the definition of “approved place of inspection” for “article 3 of the Order” substitute “ regulation 13 of Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 M2 ”,

(iii) for the definition of “controlled consignment” substitute—

““controlled consignment” means a consignment which—

(a) is introduced into Scotland from a third country; and

(b) consists of, or includes isolated bark or isolated wood of a type listed in Part A of Annex 11 or in 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, and repealing Commission Regulation (EC) No 690/2008 and amending Commission Implementing Regulation (EU) 2018/2019 M3 , as amended from time to time, other than wood packaging material which is actually in use in the transport of objects of all kinds;”,

(iv) omit the definitions of “the Directive”, “documentary check” and “identity check”,

(v) for the definition of “licence” substitute—

““licence” means—

(a) a licence which was granted by the Forestry Commissioners or by the Scottish Ministers under article 38 or 39 of the Plant Health (Forestry) Order 2005 M4 ; or

(b) an authorisation described in regulation 20(1)(a) or (b) or 21 of the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019;”,

(vi) omit the definitions of “the Order” and “plant health check”,

(vii) in the definition of “plant passport authority”—

(aa) for “authority”, in the second place where it occurs substitute “ authorisation ”,

(bb) at the end omit “granted by the Forestry Commissioners or the Scottish Ministers under article 28 of the Order”,

(viii) in the definition of “remedial notice”, for “served under article 31(1) or (4) or 33(3) of the Order” substitute “ served under regulations 8 or 15 of the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 ”,

(ix) in the definition of “remedial work”, for “article 32(1) of the Order” substitute regulation 16 of the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019”,

(b) in paragraph (2), for “Order”, in both places where it occurs, substitute “ EU Plant Health Regulation or the Official Controls Regulation ”.

(3) In regulation 3 (fees)—

(a) in paragraph (2), after “activities” insert “ carried out by, or on behalf of Scottish Ministers ”,

(b) after paragraph (5) insert—

“(5A) The fee payable in connection with an application to the Scottish Ministers for a phytosanitary certificate or phytosanitary certificate for re-export is the fee specified in schedule 5A.

(5B) The fee payable in connection with an application to the Scottish Ministers for an authorisation referred to in Article 98(1) of the EU Plant Health Regulation is the fee specified in schedule 5B.”,

(c) in paragraph (6), for “article 32(1) of the Order” substitute “ regulation 16 of the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 ”.

(4) After schedule 5 (fees for the carrying out or monitoring of remedial work) insert—

Regulation 3(5A)

“SCHEDULE 5A S Fees in connection with an application for a phytosanitary certificate or phytosanitary certificate for re-export

Service	Fee
The consideration of an application, including the issue, where appropriate, of a phytosanitary certificate or a phytosanitary certificate for re-export	£15.00
The examination or testing of plants, plant products or other objects and associated activities (including travelling and office time):
(a) up to and including the first hour;	£27.00
(b) thereafter, for each additional 15 minutes or part thereof	£7.50.

Regulation 3(5B)

SCHEDULE 5B S Fees in connection with an application for a WPM authorisation

Type of application	Fee
Application for a WPM authorisation, other than a renewal of an existing WPM authorisation	£400.00
Application for a renewal of an existing WPM authorisation	£120.00
Application for a re-assessment for the purposes a WPM authorisation	£120.00”.

Commencement Information

I1 Sch. 5 para. 9 in force at 14.12.2019, see reg. 1(1)

Marginal Citations

M1 S.I. 2015/350, to which there are amendments not relevant to these Regulations. S.I. 2015/350 is also prospectively amended by S.S.I. 2019/130, from “exit day” within the meaning of section 20 of the European Union (Withdrawal) Act 2018 (c.16).

M2 S.S.I. 2019/[   ]

M3 OJ L 319, 10.12.2019, p. 1.

M4 S.I. 2005/2517, as last relevantly amended by S.I. 2013/755. S.I. 2005/2517 is revoked by these Regulations, but transitional provisions at regulations 50(1) and 51(1) of these Regulations stipulate that licences granted under articles 38 and 39 of S.I. 2005/2517 continue to have effect temporarily.