Amendment of the Plant Health (Export Certification) (England) Order 20042

1

The Plant Health (Export Certification) (England) Order 20043 shall be amended in accordance with the following paragraphs of this article.

2

In article 2(1)—

a

for the definition of “authorised officer” there shall be substituted—

  • “authorised officer” means—

    1. a

      a person authorised by the Secretary of State to be an inspector for the purposes of this Order or the Plant Health (England) Order 20054; or

    2. b

      any other officer of the Secretary of State;

b

in the definition of “certificate” for “reforwarding phytosanitary certificate” there shall be substituted “phytosanitary certificate for re-export”;

c

after the definition of “phytosanitary certificate” there shall be inserted—

  • “phytosanitary certificate for re-export” means a certificate duly completed in the form set out in Schedule 2 or in such other similar form as may be agreed between the Secretary of State and the third country whose phytosanitary requirements the certificate is intended to meet;

  • “pre-export service” means any plant health inspection or examination, including by the taking of samples, which is required to be carried out in order to satisfy the phytosanitary requirements of a third country, other than any such service required for the issue of a certificate under this Order;

d

the definition of “reforwarding phytosanitary certificate” shall be deleted.

3

After article 3 there shall be inserted—

Pre-export services3A

1

A person who intends exporting plants, plant products or other objects to one or more third countries may apply to the Secretary of State for a pre-export service under this Order.

2

Where the Secretary of State has received an application made under paragraph (1), an authorised officer shall—

a

carry out any pre-export service which he considers necessary to determine whether the import requirements of the country or countries of export specified in the application are met; and

b

provide the applicant with the results of any inspection or examination carried out.

4

For article 4 there shall be substituted—

Charges for the issue of certificates and the provision of services4

1

Subject to paragraph (2), there shall be paid to the Secretary of State—

a

in respect of the services referred to in the first column of Schedule 3, the fee set out opposite in the second column of that Schedule; and

b

in respect of a pre-export service, the fee set out in the second column of Schedule 4.

2

A small exporter shall pay to the Secretary of State—

a

in respect of the services referred to in the first column of Schedule 3 either—

i

the fee set out opposite in the third column of Schedule 3; or

ii

if the sum total of fees in respect of any services under this Order for which he has become liable during the financial year in which his application is made exceeds £250, the fee set out in the second column of Schedule 3; and

b

in respect of a pre-export service either—

i

the fee set out in the third column of Schedule 4; or

ii

if the sum total of fees in respect of any services under this Order for which he has become liable during the financial year in which his application is made exceeds £250, the fee set out in the second column of Schedule 4.

3

In this article, “small exporter” means a person who, in the financial year in which his application is made—

a

is not a taxable person for the purposes of the Value Added Tax Act 19945; or

b

makes no taxable supply of plants, plant products, seeds, soil or agricultural machinery for the purposes of the Value Added Tax Act 1994; or

c

did not export in the previous financial year goods accompanied by a certificate the total value of which was £5,000 or more.

5

For Schedule 2 there shall be substituted—

SCHEDULE 2

Article 2

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6

After Schedule 3 there shall be added—

SCHEDULE 4

Article 4

Service

Fee

Fee (small exporter)

Pre-export service

£20.25 for each quarter hour or part thereof with a minimum fee of £40.50.

£10.13 for each quarter hour or part thereof with a minimum fee of £20.25.