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—
- 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
- 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
6
After Schedule 3 there shall be added—
SCHEDULE 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.